HomeMy WebLinkAboutPC Meeting 05-21-20 (Reso 2853-2020) - VMT CEQA RESOLUTION NO. 2853-2020
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
RESOLUTION RECOMMENDING THAT CITY COUNCIL ADOPT A RESOLUTION
TO UPDATE THE CITY OF SOUTH SAN FRANCISCO’S TRANSPORTATION
IMPACT ANALYSIS THRESHOLDS, AS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA), TO COMPLY WITH STATE-
MANDATED CHANGE FROM LEVEL OF SERVICE (LOS) TO VEHICLE MILES
TRAVELED (VMT), PURSUANT TO SENATE BILL 743 (2013) AND NEW 2019 CEQA
GUIDELINES.
WHEREAS, the California Environmental Quality Act (CEQA) was enacted in 1970 to ensure
the long-term protection of the environment and requires public agencies to analyze and disclose
the effects of their action on the environment; and
WHEREAS, Senate Bill 743 (SB 743), enacted in 2013 and codified in Public Resources Code
section 21099, required changes to the CEQA Guidelines regarding the criteria for determining
the significance of transportation impacts of projects; and
WHEREAS, SB 743 specifically requires the Governor’s Office of Planning and Research (OPR)
to amend CEQA Guidelines by developing alternative criteria for determining the significance of
transportation impacts of projects within transit priority areas, and which criteria shall promote
“the reduction of greenhouse gas emissions, the development of multimodal transportation
networks, and a diversity of land uses”; and
WHEREAS, for such alternative criteria, the measurements of transportation impacts may include
“vehicle miles traveled, vehicle miles traveled per capita, automobile trip generation rates, or
automobile trips generated”; and
WHEREAS, in 2018, OPR proposed, and the California Natural Resources Agency certified and
adopted, new CEQA Guidelines, including Guidelines section 15064.3 that identifies vehicle miles
traveled (VMT) – meaning the amount and distance of automobile travel attributable to a project
– as the most appropriate metric to evaluate a project’s transportation impacts; and
WHEREAS, as a result, automobile delay, as measured by “level of service” (LOS) and other
similar metrics, will no longer be considered a significant impact under CEQA and may no longer
serve as a threshold for analyzing the significance of traffic impacts resulting from a project under
CEQA; and
WHEREAS, the requirements of CEQA Guidelines Section 15064.3 will apply state-wide on July
1, 2020; and
WHEREAS, OPR most recently published a Technical Advisory on Evaluating Transportation
Impacts in CEQA in December 2018 to provide technical guidance and recommendation on
assessment of VMT, thresholds of significance, and mitigation measures; and
WHEREAS, lead agencies are encouraged to develop standards and procedures necessary to
evaluate their actions and therefore protect environmental quality, including thresholds of
significance; and
WHEREAS, thresholds of significance are identifiable quantitative, qualitative or performance
level measures of a particular environmental effect, non-compliance with which means the effect
will normally be determined to be significant, and compliance with which means the effect will
normally be determined to be less than significant; and
WHEREAS, Public Resources Code section 21082 requires all public agencies to adopt by
ordinance, resolution, rule, or regulation, the objectives, criteria, and procedures for the evaluation
of projects and the preparation of environmental impact reports and negative declarations in
connection with that evaluation; and
WHEREAS, similarly, in circumstances where public agencies decide to develop their own
thresholds of significance for general use as a part of the public agency’s environmental review
process, section 15064.7 of the CEQA Guidelines require such thresholds of significance be
adopted by ordinance, resolution, rule or regulation, and be developed through a public review
process and be supported by substantial evidence; and
WHEREAS, the City of South San Francisco, as a lead agency, implements CEQA pursuant to
South San Francisco Municipal Code Chapter 20.460 Environmental Review, which delegates
administration to the Chief Planner; and
WHEREAS, City staff prepared a proposed Vehicle Miles Traveled Thresholds of Significance,
attached hereto and incorporated herein as Exhibit A, to incorporate the most recent State VMT
requirements; and
WHEREAS, the Technical Advisory on Evaluating Transportation Impacts in CEQA (2018)
provide substantial evidence that VMT is an appropriate standard to utilize in analyzing
transportation impacts to protect environmental quality and a better indicator of greenhouse gas,
air quality, and energy impacts than LOS, and that the screening criteria and impact analysis
contained therein are appropriate metrics for assessing VMT impacts and determining thresholds
of significance; and
WHEREAS, the identification and adoption of proposed VMT regulations is not a “project”
pursuant to CEQA as defined in CEQA Guidelines Section 15378, and is therefore not subject to
review pursuant to CEQA Guidelines Section 15060(c)(3). Separately and independently, the
proposal is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), as it will not result
directly or indirectly in significant environmental impacts; and/or Public Resources Code Section
21080(b)(1), as the proposal is ministerial, because the City is mandated to adopt the proposal. As
such, the new thresholds are categorically exempt pursuant to CEQA Guidelines Section 15308
and none of the exceptions in Section 15300.2 apply; and
WHEREAS, the Planning Commission held a lawfully noticed public hearing May 21, 2020 to
solicit public comment and consider the proposed the proposed VMT thresholds and take public
testimony, at which time all persons wishing to testify in connection with the proposed threshold
were heard and the proposed threshold was comprehensively reviewed.
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; the proposed VMT
Thresholds of Significance; and all reports, minutes, and public testimony submitted as part of the
Planning Commission’s duly noticed May 21, 2020 meeting; 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 Findings
1. The foregoing recitals are true and correct and made a part of this Resolution.
2. The proposed VMT Thresholds of Significance, attached hereto as Exhibit A, is incorporated
by reference and made a part of this Resolution, as if set forth fully herein.
3. The documents and other materials 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.
B. CEQA Finding
1. The adoption of proposed VMT Thresholds of Significance is not a “project” pursuant to
CEQA as defined in CEQA Guidelines Section 15378, and is therefore not subject to review
pursuant to CEQA Guidelines Section 15060(c)(3).
2. Separately and independently, the proposal is also exempt pursuant to CEQA Guidelines
Section 15061(b)(3), as it will not result directly or indirectly in significant environmental
impacts; and/or Public Resources Code Section 21080(b)(1), as the proposal is ministerial,
because the City is mandated to adopt the proposal. As such, adoption of proposed new
thresholds are categorically exempt pursuant to CEQA Guidelines Section 15308 and none of
the exceptions in Section 15300.2 apply.
C. Adoption of Thresholds of Significance Findings
1. The proposed VMT Thresholds of Significance in Exhibit A is consistent with the adopted
General Plan because they will reinforce the General Plan policies, and is consistent with the
City’s overall vision to reduce greenhouse gas emissions and Climate Action Plan policies to
expand active transportation alternatives, support expansion of public and private transit
programs to reduce employee commutes, and integrate higher-density development and
mixed-use development near transit facilities. None of the new or revised VMT Thresholds of
Significance will conflict with or impede any of the goals, policies, or land use designations
established in the General Plan.
2. The proposed VMT Thresholds of Significance have been developed through a public review
process that includes an opportunity for the public to review and comment on the proposed
VMT Thresholds of Significance and a duly noticed public hearing by the South San Francisco
Planning Commission to consider the methodology changes and to consider public comment
on those changes.
3. The proposed VMT Thresholds are supported by substantial evidence based on the entirety of
the record before the Planning Commission including all documents, submittals, and public
testimony before it.
SECTION 2 RECOMMENDATION
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City
of South San Francisco hereby makes the findings contained in this Resolution and recommends
that the City Council adopt the proposed VMT Thresholds of Significance in Exhibit A and update
the City of South San Francisco’s transportation impact analysis thresholds, as required by the
California Environmental Quality Act (CEQA), to comply with state-mandated change from level
of service (LOS) to vehicle miles traveled (VMT), pursuant to Senate Bill 743 (2013) and new
2019 CEQA Guidelines.
BE IT FURTHER RESOLVED that the 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 21st day of May, 2020 by the following
vote:
AYES: Chair Murphy, Vice-Chair Wong, Commissioner Faria, Commissioner Shihadeh,
Commissioner Evans, Commissioner Bernardo, Commissioner Tzange
NOES:
ABSTENTIONS:
ABSENT:
RECUSE: Attest_/s/Sailesh Mehra__________
Secretary to the Planning Commission