HomeMy WebLinkAbout0014_0_Staff ReportCity of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:20-805 Agenda Date:11/9/2020
Version:1 Item #:10a.
Resolution denying an appeal and affirming the Planning Commission decision on September 17,2020
adopting the Initial Study/Mitigated Negative Declaration and approving entitlements request (P17-0108,UP17
-0021,DR17-0069,and TDM17-0005)to construct a new five-story hotel with 95 rooms and two-levels of
below-grade parking at 840 El Camino Real
WHEREAS,the applicant has proposed to construct a five-story hotel with 95 rooms and two levels of below-
grade parking located at the 840 El Camino Real parcel (“Project”); and
WHEREAS,the Project is located in the El Camino Real Mixed Use (ECRMX)Zoning District and is within a
three-mile radius from San Francisco International Airport (SFO),and in close proximity to the South San
Francisco BART Station and other public transportation systems; and
WHEREAS,the approximately 20,132 sq.ft.site is developed with an existing 2,000 sq.ft.commercial
building and asphalt paving for parking and is currently vacant,and the immediate surrounding uses include an
existing auto workshop and motel along El Camino Real and existing residential neighborhood to the rear; and
WHEREAS,in accordance with the California Environmental Quality Act,Public Resources Code,sections
21000,et seq.(“CEQA”),the City prepared an Initial Study/Mitigated Negative Declaration (“IS/MND”)for
the Project with assistance from Rincon Consultants, Inc.; and
WHEREAS,the IS/MND concludes that the following resources could be impacted by the Project:Air Quality,
Biological Resources,Cultural Resources,Geology and Soils,and Greenhouse Gas Emissions,but that those
potential impacts would all be reduced to a less than significant level with mitigation,as included in a
Mitigation and Monitoring Reporting Program (“MMRP”) which is incorporated as a part of the IS/MND; and
WHEREAS,the IS/MND was circulated for the required 30-day public comment period on April 14,2020,
which ended on May 14, 2020 at 5:00p.m.; and
WHEREAS,two comments were received during the comment period:one on April 14,2020,from a member
of the public,and one on May 14,2020,from Rebecca Davis of Lozeau Drury LLP on behalf of Laborers
International Union of North America Local Union No.270,which claimed that the then-draft IS/MND failed
to analyze all environmental impacts and to implement all necessary mitigation measures,and that the City is
otherwise required to prepare an Environmental Impact Report (EIR) pursuant to CEQA; and
WHEREAS,the City and Project applicant prepared responses to public comments received,attached and
incorporated herein as Exhibits B1 - B-4; and
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File #:20-805 Agenda Date:11/9/2020
Version:1 Item #:10a.
WHEREAS,in response to the public comments,the IS/MND was updated with minor technical revisions,the
final version of which including a technical revision document and the associated MMRP is attached hereto and
incorporated herein as Exhibits A - A2; and
WHEREAS,none of the public comments received and revisions to the final IS/MND would result in the need
to prepare an EIR,or the need to recirculate the IS/MND,as outlined under CEQA Guidelines section 15073.5;
and
WHEREAS,the Project also requires entitlement approval for a Conditional Use Permit,Design Review,and
Transportation Demand Management Plan; and
WHEREAS,on September 17,2020,the Planning Commission for the City of South San Francisco held a
lawfully noticed public hearing to solicit public comment and consider the IS/MND,and related entitlements
(P17-0108,UP17-0021,DR17-0069,and TDM17-0005),took public testimony,and adopted Resolution No.
2865-2020 adopting the IS/MND and approving related entitlements for the Project (“Decision”); and
WHEREAS,the Planning Commission also adopted certain conditions of approval for the Project,which,
among other requirements,would obligate the Project to comply with the MMRP and implement all applicable
mitigation measures set forth in the IS/MND; and
WHEREAS,Chapter 20.570 of the South San Francisco Municipal Code provides that the final decisions by
the Planning Commission may be appealed in writing within fifteen (15) days of the date of the decision; and
WHEREAS,on October 1,2020,Rebecca Davis of Lozeau Drury LLP on behalf of Laborers International
Union of North America Local Union No.270 (“Appellant”)timely filed an Application for Appeal (“Appeal”)
pursuant to Chapter 20.570 to appeal the Planning Commission Decision,a copy of which is attached to the
accompanying staff report as Attachment 5; and
WHEREAS,Appellant’s sole claim on appeal raised identical issues as its May 14,2020 comment letter;
specifically,Appellant claims that the IS/MND failed to analyze all environmental impacts and to implement all
necessary mitigation measures,and that the City is otherwise required to prepare an EIR pursuant to CEQA;
and
WHEREAS,Appellant did not raise any new claims,or make any arguments with respect to the approved
Project entitlements; and
WHEREAS,pursuant to SSFMC Section 20.050.007,when reviewing any decision on appeal,the appeal
hearing body shall use the same standards for decision-making required for the original decision and may adopt
the same decision and findings as were originally approved; and
WHEREAS,on November 9,2020,the City Council for the City of South San Francisco held a duly noticed
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File #:20-805 Agenda Date:11/9/2020
Version:1 Item #:10a.
WHEREAS,on November 9,2020,the City Council for the City of South San Francisco held a duly noticed
public hearing to solicit public comment and consider the Appeal the Planning Commission Decision to adopt
the IS/MND and approve related entitlements; and
WHEREAS,a City Council staff report,dated November 9,2020,and incorporated herein by reference,
analyzed and responded to the Appeal issues.The staff report included exhibits which are also incorporated
herein by reference.The staff report and the record as a whole set forth the basis for rejecting the CEQA
challenges raised in the Appeal.In the staff report,City staff recommended that the City Council affirm the
Planning Commission’s Decision pursuant to Resolution No. 2865-2020; and
WHEREAS,at the public hearing on November 9,2020,the City Council used independent judgment and
analysis to consider the IS/MND,the MMRP,the public comments received,and all reports,attachments,
recommendations and testimony presented in the record and at the hearing, before taking action.
NOW,THEREFORE,BE IT RESOLVED that based on the entirety of the record before it,which includes
without limitation,the California Environmental Quality Act,Public Resources Code §21000,et seq.
(“CEQA”)and the CEQA Guidelines,14 California Code of Regulations §15000,et seq.;the South San
Francisco General Plan and General Plan EIR,including all amendments and updates thereto;the South San
Francisco Municipal Code;the IS/MND prepared by Rincon Consultants,Inc.,and all appendices thereto;all
reports,minutes,and public testimony submitted as part of the City Council’s duly noticed November 9,2020
meeting and any other evidence (within the meaning of Public Resources Code §21080(e)and §21082.2),the
City Council of the City of South San Francisco hereby finds as follows:
SECTION 1 FINDINGS
General
1.The foregoing recitals are true and correct and made a part of this Resolution.
2.The exhibits and attachments,including the final IS/MND (consisting of the main document,associated
Mitigation Monitoring and Reporting Program (MMRP),and technical revision to the IS/MND)
(attached as Exhibits A -A2),received comments and City findings and responses (attached as Exhibits
B -B4),final Conditions of Approval (Exhibit C),Project Plans (Exhibit D),and Transportation
Demand Management Plan (Exhibit E)are incorporated by reference as part of this Resolution,as if set
forth fully herein.
3.The documents and other material constituting the record for these proceedings are located at the
Planning Division for the City of South San Francisco,315 Maple Avenue,South San Francisco,CA
94080, and in the custody of the Planning Manager, Sailesh Mehra.
CEQA/Initial Study/Mitigated Negative Declaration (IS/MND)
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File #:20-805 Agenda Date:11/9/2020
Version:1 Item #:10a.
1.The proposed Project is consistent with the City of South San Francisco General Plan because the land
use,development standards,densities and intensities,buildings and structures proposed are compatible
with the goals,policies,and land use designations established in the General Plan (see Gov’t Code,§
65860),and none of the land uses,development standards,densities and intensities,buildings and
structures will operate to conflict with or impede achievement of the any of the goals,policies,or land
use designations established in the General Plan.
2.Based on the whole record before it and on the City Council’s independent judgment and analysis,the
City Council finds that there is no substantial evidence in the record supporting a fair argument that
approval of the Project will result in a significant environmental effect.The mitigation measures
proposed in the IS/MND and included in the MMRP,will operate to ensure the impacts of the proposed
Project will not exceed established CEQA thresholds of significance.
Conditional Use Permit
The Planning Commission’s findings pursuant to Resolution No. 2865-2020 are hereby affirmed as follows:
1.The proposed use is allowed within the El Camino Real Mixed-Use (ECRMX) District subject to the
approval of a Conditional Use Permit and complies with all other applicable provisions of this
Ordinance and all other titles of the South San Francisco Municipal Code.
2.The proposed use is consistent with the General Plan, as the site is designated as El Camino Real Mixed
Use (ECRMU), which is intended to accommodate high-intensity active uses and mixed use
development in the South El Camino Real area, and the proposed hotel use is consistent with the City’s
general vision for orderly development and is appropriately sited.
3.The proposed use will not be adverse to the public health, safety, or general welfare of the community,
nor detrimental to surrounding properties or improvements as the Project proposes to be self-parked
consistent with other airport-oriented hotels.
4.The proposed use complies with any design or development standards applicable to the zoning district
or the use in question and has been vetted and recommended for approval by the City’s Design Review
Board.
5.The design, location, size, and operating characteristics of the proposed activity would be compatible
with the existing and reasonably foreseeable future land uses in the vicinity.
6.The site is physically suitable for the type, density, and intensity of use being proposed, including
access, utilities, and the absence of physical constraints, all of which were vetted and reviewed by staff
and consultants through both a site plan analysis and specific environmental review of the potential
impacts to the site.
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File #:20-805 Agenda Date:11/9/2020
Version:1 Item #:10a.
7.An environmental determination has been prepared in accordance with the California Environmental
Quality Act and approved by resolution of the Planning Commission. In addition, the City Council has
considered the Planning Commission’s environmental determination and affirmed that determination as
provided in this resolution.
Findings Required in addition to the Conditional Use Permit Findings (SSFMC 20.330.006):
The Planning Commission’s findings pursuant to Resolution No. 2865-2020 are hereby affirmed as follows:
1.Based on the nature of the proposed operation; proximity to frequent transit service; transportation
characteristics of persons residing, working, or visiting the site; and because the applicant has
undertaken a transportation demand management program, parking demand will be reduced at the site
and parking demand for the proposed use should not exceed the provided parking on-site.
2.The use will adequately be served by the proposed on-site parking since the applicant would offer
adequate shuttle service and has a proven occupancy rate and performance record that suggests that an
approximately 0.75 parking ratio for rooms will not result in spillover parking issues.
3.Parking demand generated by the Project will not exceed the capacity of or have a detrimental impact
on the supply of on-street parking in the surrounding area, since surrounding parking lots are monitored
by their respective property owners.
Design Review
The Planning Commission’s findings pursuant to Resolution No. 2865-2020 are hereby affirmed as follows:
1.The Project is consistent with the applicable standards and requirements of the Zoning Ordinance
because as submitted and modified through the Design Review Process,this Project meets or complies
with the applicable standards included in the Commercial,Office and Mixed-Use Districts (Chapter
20.090);
2.The site is currently designated El Camino Real Mixed Use.The Project is consistent with the General
Plan because the proposed hotel is consistent with the policies and design direction provided in the
South San Francisco General Plan for the El Camino Real Mixed Use land use designation.
3.The Project is consistent with the design guidelines adopted by the City Council in that the proposed use
is consistent with the Commercial,Office and Mixed-Use Districts Regulations and Standards included
in Section 20.090.004.
4.The proposed Project is subject to approval of a Conditional Use Permit,and those findings have been
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File #:20-805 Agenda Date:11/9/2020
Version:1 Item #:10a.
made in the above section.
5.The Project is consistent with the applicable design review criteria in Section 20.480.006 (“Design
Review Criteria”)because the Project has been evaluated against,and found to be consistent with,each
of the eight design review criteria included in the “Design Review Criteria”section of the Zoning
Ordinance.
Transportation Demand Management Program
The Planning Commission’s findings pursuant to Resolution No. 2865-2020 are hereby affirmed as follows:
1.The proposed trip reduction measures are feasible and appropriate for the Project, considering the
proposed use and the Project’s location, size, employee roster, and hours of operation based on a review
of the preliminary Transportation Demand Management Plan.
2.The proposed performance guarantees will ensure that the target alternative mode use established for the
Project by this chapter will be achieved and maintained as this will be monitored on a yearly basis as
part of the annual reporting requirements.
SECTION 2 DETERMINATION
NOW,THEREFORE,BE IT FURTHER RESOLVED,based upon the findings as set forth above,the City
Council hereby affirms the Planning Commission’s decision on September 17,2020 adopting the Initial
Study/Mitigated Negative Declaration pursuant to CEQA and approving entitlements request (P17-0108,UP17-
0021,DR17-0069,and TDM17-0005)to construct a new five-story hotel with 95 rooms and two-levels of
below-grade parking at 840 El Camino Real pursuant to Resolution No.2865-2020,and denies the appeal of
the Planning Commission’s decision,subject to the conditions of approval adopted pursuant to Resolution No.
2865-2020.
BE IT FURTHER RESOLVED that the resolution shall become effective immediately upon its passage and
adoption.
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