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HomeMy WebLinkAboutPC Meeting 12-02-21 (Reso 2877-2021) - 180 ECR Safeway RESOLUTION NO. 2877-2021 PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA RESOLUTION MAKING CEQA DETERMINATIONS PURSUANT TO SECTIONS 15162, 15183 AND 15332 OF CEQA GUIDELINES FOR A PROJECT TO CONSTRUCT APPROXIMATELY 74,600 SQUARE FEET OF COMMERCIAL USES AT 180 EL CAMINO REAL IN THE EL CAMINO REAL MIXED USE (ECRMX) ZONING DISTRICT, AND MAKING FINDINGS AND APPROVING A REQUEST FOR DESIGN REVIEW, TRANSPORTATION DEMAND MANAGEMENT PLAN, TENTATIVE PARCEL MAP TO SUBDIVIDE THE PROPERTY TO CREATE A TOTAL OF TWO PARCELS, AND USE PERMIT TO ALLOW A PARKING REDUCTION AND HOURS OF OPERATION BETWEEN 12:00 A.M. AND 6:00 A.M. FOR SAID PROJECT, IN ACCORDANCE WITH TITLE 20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE WHEREAS, Steelwave Acquisitions LLC and Safeway Inc. have submitted an application (“Applicants”) to subdivide the property located at 180 El Camino Real to create one 3.29 acre parcel fronting on El Camino Real and South Spruce Avenue for the construction of new commercial buildings totaling approximately 74,600 square feet of commercial/retail space, and one 11.21 acre remainder parcel, at 180 El Camino Real (“Project”); and, WHEREAS, Applicant seeks approval of Design Review (DR21-0025), Transportation Demand Management Plan (TDM21-0007), Tentative Parcel Map (PM21-0002), and Use Permit (UP21- 0012); and, WHEREAS, approval of Applicants’ proposal is considered a “project” for purposes of the California Environmental Quality Act, Pub. Resources Code § 21000, et seq. (“CEQA”); and, WHEREAS, the City adopted the South El Camino Real General Plan Amendment (“South ECR GPA”) on March 24, 2010, and also prepared an Environmental Impact Report (EIR-08-0004) (State Clearinghouse number 200906270) (“EIR”) for the South El Camino Real General Plan Amendment; and, WHEREAS, the South ECR GPA EIR was prepared as a Program EIR, pursuant to Section 15168 of the California Environmental Quality Act (“CEQA”); and, WHEREAS, the City Council certified the EIR on March 24, 2010 via Resolution No. 30-2010, in accordance with the provisions of CEQA and the CEQA Guidelines, which analyzed the potential environmental impacts of the development of the South El Camino area; and, WHEREAS, the City Council also adopted a Statement of Overriding Considerations (“SOC”) on March 24, 2010 in accordance with the provisions of CEQA and the CEQA Guidelines, which carefully considered each significant and unavoidable impact identified in the EIR and found that the significant environmental impacts are acceptable in light of the project’s economic, legal, social, technological and other benefits; and, WHEREAS, a prior project was proposed at the 180 El Camino Real site which would have consisted of a mixed-use project including approximately 222,000 square feet of commercial space, up to 284 residential units, and other improvements to replace the existing shopping center (also known as the Centennial Village Project) (“2014 Project”); and, WHEREAS, pursuant to CEQA, on March 12, 2014, the City Council adopted an Initial Study/Mitigated Negative Declaration (“IS/MND”) for the 2014 Project (“2014 Project IS/MND), with a Mitigation Monitoring and Reporting Program (“MMRP”), as an objective and accurate document that reflects the independent judgment and analysis of the City in the discussion of the 2014 Project at the subject site; and, WHEREAS, pursuant to CEQA Guidelines Section 15162, changes to projects for which an IS/MND or EIR has been adopted/certified do not require additional analysis unless the lead agency determines that the modified project will result in significant impacts or mitigation measures or substantially more severe impacts than those analyzed in the previous IS/MND or EIR; and, WHEREAS, the current Project is a modification of the 2014 Project in that it proposes to develop a new Safeway store and ancillary commercial uses only, with lot subdivision and demolition of the existing shopping center, but without the residential project component; and, WHEREAS, the intensity and density of the Project will be less than the 2014 Project, the land uses will remain the same for commercial/retail uses, the general location and site access of the two new commercial buildings will remain similar to the previously analyzed 2014 Project; therefore, there will be no new or increased impacts associated with the new buildings or tentative parcel map; and, WHEREAS, the previously adopted 2014 IS/MND fully analyzed all potentially significant impacts from the 2014 Project and proposed mitigation for said impacts; and, WHEREAS, the City Council previously adopted an MMRP for the 2014 Project, which remains in full force and effect for the proposed Project; and, WHEREAS, the Project is also exempt from CEQA pursuant to CEQA Guidelines Section 15332 as it is a qualified in-fill development project; and, WHEREAS, the Project further qualifies for the streamlined review process under CEQA Guidelines Section 15183, as it is consistent with the development density established by existing zoning policies or community plans for which an EIR was certified because it is consistent with the General Plan and applicable policies of San Francisco Bay Area’s Sustainable Communities Strategy, the Plan Bay Area 2040 (“Plan Bay Area”) and pursuant to analysis done under Section 15183, there are no Project-specific significant effects that require further environmental analysis; and, WHEREAS, South San Francisco Municipal Code (“SSFMC”) Chapter 19.48 requires the Planning Commission to consider the City Engineer and staff’s evaluation of the Tentative Parcel Map and to make a determination as to whether the Tentative Parcel Map is in conformity with the Subdivision Map Act and the SSFMC; and, WHEREAS, the City Engineer and other relevant City staff have reviewed and analyzed the Tentative Map and determined that it complies with the requirements of SSFMC Title 19 and the Subdivision Map Act and recommend that the Planning Commission approve the Tentative Parcel Map; and, WHEREAS, the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing on December 2, 2021 to solicit public comment and consider the proposed CEQA determination and entitlements, and take public testimony. 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, General Plan EIR and South El Camino Real General Plan Amendment EIR; the 2014 Project IS/MND, including the Draf t and Final MND and all appendices hereto; the South San Francisco Municipal Code; the Project applications; the 180 ECR Project Plans, as prepared by Lowney Architecture, dated November 12, 2021; the Tentative Parcel Map plans, as prepared by Sandis Civil Engineers, dated November 12, 2021; the Preliminary Transportation Demand Management Plan, dated November 15, 2021; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission’s meeting held on December 2, 2021, and Planning Commission deliberations; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the Planning Commission of the City of South San Francisco hereby finds as follows: SECTION 1 FINDINGS A. General 1. The foregoing recitals are true and correct and made a part of this Resolution. 2. The Exhibits attached to this Resolution, including the Conditions of Project Approval (Exhibit A), the Preliminary Transportation Demand Management (TDM) Plan (attached as Exhibit B), the 180 El Camino Real - Safeway Project Plans (attached as Exhibit C) and the 180 El Camino Real - Safeway Tentative Parcel Map Plans (attached as Exhibit D) are each incorporated by reference and made a 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 Chief Planner, Tony Rozzi. B. CEQA Findings 1. For the reasons stated in this Resolution, there is not substantial evidence in the record to support a fair argument that approval of the Project will result in significant environmental effects beyond those adequately evaluated and addressed by the 2014 Project IS/MND nor would the Project require any new mitigation measures, and therefore the Project is within the scope of the 2014 Project IS/MND pursuant to CEQA Guidelines Section 15162, because: a. The Project does not propose substantial changes to the 2014 Project IS/MND, which will require major revisions of the IS/MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The Project is within the scope of the 2014 Project and is less in scale with only a commercial component and without the residential project. The land uses will remain the same for commercial/retail uses, the general location and site access of the two new commercial buildings will remain similar to the previously analyzed project. b. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the 2014 Project IS/MND was adopted, shows any of the following: i. The Project will have one or more significant effects not discussed in the 2014 Project IS/MND; ii. Significant effects previously examined will be substantially more severe than shown in the previous EIRs; iii. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the Project proponents decline to adopt the mitigation measure or alternative; or iv. Mitigation measures or alternatives which are considerably different from those analyzed in the 2014 Project IS/MND would substantially reduce one or more significant effects on the environment, but the Project proponents decline to adopt the mitigation measure or alternative. The Project does not propose any activity beyond those contemplated in the South El Camino General Plan Amendment and initially proposed in the 2014 Project, which were analyzed by the GPA EIR and then the 2014 Project IS/MND, respectively. Based on the foregoing and evidence presented in the record, there is no showing of project-specific significant effects unique to the project or its site. 2. For the reasons stated in this Resolution, the Project is exempt from CEQA pursuant to CEQA Guidelines Section 15332: Class 32 as an infill development project because: a. As described in the record, the Project is consistent with the City’s General Plan, all applicable General Plan policies and zoning designations and regulations, because the Project is a permitted use in the El Camino Real Mixed Use designation and El Camino Real Mixed Use Zone; b. The Project will be located within the City’s limits, on a site of less than five acres and will be surrounded by urban uses in a built-out environment; c. As confirmed in the 2014 Project IS/MND the Project Site has no value as habitat for endangered, rare, or threatened species as it is in a built-out environment and is currently disturbed as the site of an existing shopping center and parking areas; d. As confirmed in the 2014 Project IS/MND, approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and, e. The Project can be adequately serviced by all required utilities and public services. f. No exceptions apply pursuant to CEQA Guidelines Section 15300.2: (a) N/A to Class 32, (b) there is no significant cumulative impact of successive projects of the same type in the same place, over time; (c) there is no scenic resources in the area, (d) the project site is not listed on any list compiled pursuant to Section 65962.5 of the Government Code, and (f) the project site contains no historical resources. 3. For the reasons stated in this Resolution, the Project qualifies for the streamlined process under CEQA Guidelines Section 15183 as the Project is consistent with a Community Plan, General Plan or Zoning for which an EIR was certified because: a. As stated in Finding B.2.a above, the Project is consistent with the General Plan and Zoning; b. The existing General Plan was adopted with a certified EIR. As confirmed in the 2014 Project IS/MND and related findings; i. There are no anticipated project-specific effects which are peculiar to the Project or the Project Site; ii. There are no environmental effects which the South El Camino General Plan Amendment Program EIR failed to analyze as significant effects; iii. There are no potentially significant off-site and/or cumulative impacts which the South El Camino General Plan Amendment Program EIR failed to evaluate; and, iv. There are no previously identified significant effects which, as a result of substantial new information was not known at the time the South El Camino General Plan Amendment Program EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR. The Project does not propose any activity beyond those contemplated in the South El Camino General Plan Amendment and initially proposed in the 2014 Project, which were analyzed by the GPA EIR and then the 2014 Project IS/MND, respectively. Based on the foregoing and evidence presented in the record, no additional environmental review is required and there is no showing of project - specific significant effects unique to the project or its site. 4. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the Planning Commission, exercising its independent judgment and analysis, finds that the Project falls within the environmental parameters analyzed in the 2014 Project IS/MND because the Project would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the 2014 Project IS/MND adopted by City Council nor would new mitigation be required by the Project. The Planning Commission also finds that the Project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15332: Class 32 and qualifies for the streamlined review process under CEQA Guidelines Section 15183, pursuant to which no additional environmental document is required. C. Use Permit 1. The proposed Project is consistent with the standards and requirements of the City’s Zoning Ordinance and with the provisions of the El Camino Real Mixed Use (ECRMX) Zone District. The Project meets or exceeds all the general development standards of the El Camino Real Mixed Use Zone District, with the exception of the depth of required commercial frontage, parking requirements and hours of operation. The stated exceptions are permissible and warranted by the City’s Zoning Ordinance, specifically South San Francisco Municipal Code Sections 20.090.004 and 20.090.006. 2. The proposed Project is consistent with the General Plan and South El Camino Real Planning Subarea by creating a built-environment that emphasizes pedestrian-activity with the primary grocery store building built up to the sidewalk along El Camino Real and South Spruce Ave., provides a well-articulated and visually engaging development that implements the goals of the Grand Boulevard Initiative and the El Camino Real Master Plan and locates parking in a way that is not visually dominant, is consistent with the City’s Design Guidelines as they relate to building design, form and articulation and provides commercial uses along both El Camino Real and South Spruce Avenue. 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, because the proposed use is consistent with the existing uses in the vicinity of the site. The project proposes Commercial uses on a site located in the City’s El Camino Real corridor, on a parcel which has historically been developed with this type of use. The General Plan has analyzed this type of use in the South El Camino Real corridor and concluded that commercial uses are not adverse to the public health, safety, or welfare. As the proposed Project is consistent with surrounding land uses, approval of the Project will not be detrimental to the nearby properties. 4. The proposed Project complies with applicable standards and requirements of the City’s Zoning Ordinance, with the exception of the depth of required commercial frontage, the parking requirements and hours of operation. The stated exceptions are permissible and warranted by the City’s Zoning Ordinance. The proposed Project is located in the El Camino Real Mixed Use District and, subject to the exceptions discussed above in Section C.1, which are permissible and warranted by the City’s Zoning Ordinance, meets the minimum standards and requirements for that district. The exception for the number of parking spaces is allowable under the City’s Municipal Code Section 20.330.006(D), and warranted based on the following findings: a. The parking reduction will serve to support and promote the Project’s TDM program. b. The Project provides 67% of the required parking spaces and is required, through the TDM program, to achieve an alternative mode use of 28%. The site is not anticipated to result in a shortfall of on-site parking or create the need for overflow parking off-site because the Applicants have project sites throughout the region with similar parking ratios with no indications of parking deficiencies or unable to adequately serve the onsite use. The Project site is also located in close proximity to frequent transit service provided by SamTrans along the El Camino corridor and BART at the San Bruno BART station and within close proximity to residential neighborhoods to both the north and west, allowing residents and employees in the vicinity to more easily access the site via alternative forms of transportation. c. The proposed parking standard will be adequate for the proposed use because of the offered alternative solutions for providing and managing parking. The Project is required to implement a TDM Program on an on-going basis over the life of the Project with a required alternative mode shift of 28%. The TDM requirements applicable to the Project, the fact that similar reduced standards have been accepted and/or successfully applied within several large developments in the City, including both commercial and biotech campuses, and the studies from the Institute of Transportation Engineers (ITE), all support a reduced parking standard. d. The reduced parking rate reinforces the overall efforts of the City’s General Plan and the TDM Ordinance, which encourage reduced parking standards as an effective tool in encouraging use of alternative modes of transportation other than single occupancy vehicles. e. The number of parking spaces provided by the reduced standard will serve all existing, proposed and potential uses as effectively and conveniently as would the standard number of parking spaces required by Chapter 20.330. No on-street parking is permitted on any of the immediately adjacent streets, including El Camino, South Spruce Ave and Huntington Ave., and thus no detrimental impact to on-street parking would result. As described above, there is ample evidence to support the proposed parking reduction, and there is added concern that an overabundance of parking could have a deleterious effect on the goals and objectives of the City’s TDM efforts since such would serve as a disincentive to use of alternative modes of transportation. 5. The exception for the operations occurring on-site between 12:00 A.M. and 6:00 A.M. is allowable under the City’s Municipal Code Section 20.330.006(D). Operations during these hours will include public access to the grocery store on a 24-hour basis, but not to the ancillary commercial tenant spaces. Operations during these hours will also include employee access for tasks such as cleaning, unloading deliveries, and stocking store shelves. Truck deliveries to the site during these hours will occur primarily between 4:00 A.M. - 6:00 A.M., averaging 2-3 trucks per day during these hours. The site is situated directly adjacent to El Camino Real and South Spruce Ave., larger arterial roadways that provide direct access for the public and delivery traffic, and that serve as a buffer between the proposed use and residential neighborhoods in the area. Surrounding residential uses would not be negatively impacted by the limited amount of public customers and truck traffic occurring during these hours, and the loading dock has been designed to screen and minimize noise from any delivery services. 6. The design, location, size, and operating characteristics of the proposed Project are compatible with the existing and reasonably foreseeable future land uses in the vicinity because the Project proposes commercial uses in the El Camino Real corrid or, which is specifically intended for such uses. 7. The site is physically suitable for the type of development and density proposed, as the commercial uses will benefit from being located in the El Camino Real corridor, and the size and development is appropriate for the location and meets the City’s land use and zoning standards. 8. The Project is consistent with CEQA for the reasons stated in Finding B above. D. Design Review 1. The Project, including Design Review, is consistent with Title 20 of the South San Francisco Municipal Code because the Project has been designed as a commercial campus which will provide a pedestrian-friendly environment with extensive landscaping and sustainability elements incorporated. 2. The Project, including Design Review, is consistent with the General Plan because the proposed commercial development 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 by encouraging the development of an environment that emphasizes pedestrian-activity in the El Camino Real corridor. 3. The Project, including Design Review, is consistent with the applicable design guidelines adopted by the City Council in that the proposed Project is consistent with the El Camino Real Mixed Use District Standards included in Chapter 20.090. 4. The Project is consistent with the Use Permit for the reasons stated in Finding C, above. 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 by the Design Review Board on September 21, 2021 and October 19, 2021 and found to be consistent with each of the eight design review criteria included in the “Design Review Criteria” section of the Ordinance, and the Design Review Board. E. Tentative Parcel Map 1. The proposed vesting tentative parcel map, prepared by Sandis Civil Engineers and dated November 12, 2021, including the proposed designs and improvements, is consistent with the City’s General Plan and South El Camino Real Sub-Area because the tentative map would facilitate the development of a pedestrian-oriented commercial project which would implement the goals of the South El Camino Real Sub-Area. 2. The proposed vesting tentative parcel map is consistent with the standards and requirements of the City’s Zoning Ordinance. 3. The vesting tentative parcel map complies and meets all the requirements of Title 19 of the South San Francisco Municipal Code (“Subdivisions”) and with the requirements of the State Subdivision Map Act. 4. The Project site is physically suitable for the type of development and density proposed, as the commercial project will be located on underutilized parcels on El Camino Real which calls for pedestrian-oriented high intensity active use along El Camino Real. 5. The vesting tentative parcel map is consistent with the analysis included in the already adopted 2014 Project IS/MND, and the approval of this vesting tentative map would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the 2014 Project IS/MND adopted by City Council, nor does the vesting tentative parcel map constitute a change in the Project or change in circumstances that would require additional environmental review. 6. The design and improvements of the vesting tentative parcel map are not in conflict with any existing public easements. 7. The property is located in a developed, urban setting, and is not subject to a Williamson Act contract, on open space easement, a conservation easement, or an agricultural conservation easement. The surrounding land uses and resulting parcels would not support agricultural uses; the resulting parcels would result in commercial development not incidental to commercial agricultural use of the land. F. Transportation Demand Management (TDM) Plan 1. The proposed trip reduction measures contained in the TDM (attached hereto as Exhibit B) are feasible and appropriate for the Project, considering the proposed use or mix of uses and the project’s location, size, and hours of operation. Appropriate and feasible measures have been included in the TDM plan to achieve a projected 28% alternative mode usage, as required under Chapter 20.400 of the Municipal Code. The TDM provides incentives for employees to use modes of transportation other than single-occupancy vehicle trips, such as secure bicycle storage, shower facilities, preferential parking for carpools and vanpools, and an employee TDM contact, among others. Further, pedestrian walkways linking the Project to adjacent BART and bus stops will help encourage alternative forms of transportation. 2. The proposed performance guarantees will ensure that the target 28% alternative mode use established for the Project by Chapter 20.400 will be achieved and maintained. Conditions of approval have been included to require that the Final TDM Plan, which must be submitted for review and approval prior to issuance of a building permit, shall outline the required process for on-going monitoring including annual surveys. SECTION 2 DETERMINATION NOW, THEREFORE, BE IT FURTHER RESOLVED that subject to the Conditions of Approval, attached as Exhibit A to this Resolution and incorporated herein, the Planning Commission of the City of South San Francisco hereby makes the findings contained in this Resolution and: (1) Determines that no further environmental review is required for the proposed Project at 180 El Camino Real under CEQA Guidelines 15168 because the Project is within the scope of the 2014 Project (Centennial Village) IS/MND and would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the 2014 Project IS/MND adopted by City Council nor would new mitigation be required by the Project; and additionally, the Project is exempt from CEQA per CEQA Guidelines section 15332 as a qualified infill project and qualifies for the streamlined review process under section 15183 of the guidelines, pursuant to which no addit ional environmental document is required; (2) Approves Design Review (DR21-0025), Use Permit (UP21-0012), Transportation Demand Management Plan (TDM21-0007) and Tentative Parcel Map (PM21-0002) for the Project. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. * * * * * I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City of South San Francisco at a regular meeting held on the 2nd day of December, 2021 by the following vote: AYES: Chair Evans, Vice-Chair Shihadeh, Commissioner Faria, Commissioner Murphy, Commissioner Funes, Commissioner Tzang NOES: ABSTENTIONS: ABSENT: Commissioner De Paz Fernandez RECUSE: Attest_/s/Tony Rozzi________ Secretary to the Planning Commission