HomeMy WebLinkAboutPC Meeting 09-17-20 (Reso 2862-2020) - 410 Noor - 1 RESOLUTION NO. 2862-2020
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
RESOLUTION MAKING FINDINGS AND RECOMMENDING THAT THE CITY
COUNCIL MAKE A DETERMINATION THAT THE ENVIRONMENTAL EFFECTS OF
THE PROPOSED MULTI-FAMILY RESIDENTIAL PROJECT AT 410 NOOR AVENUE
(“410 NOOR”, OR “PROJECT”) WERE SUFFICIENTLY ANALYZED UNDER THE
SOUTH EL CAMINO GENERAL PLAN AMENDMENTS PROGRAM
ENVIRONMENTAL IMPACT REPORT PER CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) GUIDELINES SECTIONS 15168 AND 15162, AND THAT THE
PROPOSED PROJECT IS EXEMPT FROM CEQA PER CEQA GUIDELINES
SECTIONS 15183 AND 15332, AND QUALIFIES FOR STREAMLINING PER CEQA
GUIDELINES SECTIONS 15183.3 AND 15183.5, AND PUBLIC RESOURCES CODE
21159.28.
WHEREAS, the applicant has proposed construction of a high-density residential development,
consisting of 338 residential units, 467 parking spaces, a small retail space, and residential and
open space amenities at 410 Noor Avenue, APNs 014-183-270, 014-183-230, and 014-183-220
(collectively referred to as “Project Site”) in the City; and
WHEREAS, the proposed Project is located within the El Camino Real Mixed Use (“ECRMX”)
zoning district; and
WHEREAS, the applicant seeks approval of a Conditional Use Permit (UP18-0006), Design
Review (DR18-0006), Transportation Demand Management Plan (TDM18-0003), Waiver
Modification (WM20-0005), General Plan Amendment (GPA20-0001), and Zoning Text
Amendment (ZA20-0001) for the Project; and
WHEREAS, approval of the applicant’s proposal is considered a “project” for purposes of the
California Environmental Quality Act (Public Resources Code §§21000, et seq.) (“CEQA”); and
WHEREAS, the City Council certified an Environmental Impact Report (“EIR”) in January, 2010
(State Clearinghouse number 2009062070) 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”) in
January, 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, the Project is exempt from CEQA pursuant to CEQA Guidelines Section 15332 as it
is a qualified in-fill development project; and
WHEREAS, the Project is also exempt from CEQA pursuant to CEQA Guidelines Section 15183,
as it is a residential infill project that 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 there are no Project-specific
significant effects that require further environmental analysis; and
WHEREAS, the Project qualifies for streamlining under CEQA Guidelines § 15183.3, as it is
located on an infill site; will satisfy the performance standards contained in Appendix M to the
CEQA Guidelines and is consistent with the general use designation, density, building intensity,
and applicable policies of Plan Bay Area; and
WHEREAS, the Project qualifies for streamlining under CEQA Guidelines § 15183.5(b) because
the City adopted a Climate Action Plan (CAP) with a mitigated negative declaration, and the
Project incorporates greenhouse gas-reducing strategies from the CAP.
WHEREAS, the Project also qualifies for streamlining pursuant to Public Resources Code §
21159.28 as it is an eligible residential infill project, is consistent with the general use designation,
density, building intensity, and applicable policies of the Plan Bay Area; and will incorporate
applicable mitigation measures required by prior EIR; and
WHEREAS, the City and applicant prepared an Environmental Consistency Analysis for the
Project pursuant to CEQA Guidelines Section 15183 and pursuant to CEQA Guidelines Section
15168(c)(4). Such ECA concluded that even if the Project was not exempt from CEQA pursuant
to the above-listed exemption nor eligible for the above-listed streamlining provisions, the Project
meets the requirements for use of a program EIR with later activities in accordance with CEQA
Guidelines Section 15168 because pursuant to CEQA Guidelines 15162 the Project is within the
scope of the South El Camino General Plan Amendment 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 South El Camino General Plan
Amendment EIR certified by City Council nor would new mitigation be required; 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 proposed
entitlements and environmental effects of the Project and take public testimony; and
WHEREAS, the Planning Commission exercised its independent judgment and analysis, and
considered all reports, recommendations, and testimony before making a determination on the
Project.
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 South El
Camino General Plan Amendment EIR and Statement of Overriding Considerations; the Plan Bay
Area and Plan Bay Area EIR, the South San Francisco Climate Action Plan and Initial Study /
Mitigated Negative Declaration, the Environmental Consistency Analysis, including all
appendices thereto; all site plans, and all reports, minutes, and public testimony submitted as part
of the Planning Commission’s duly noticed September 17, 2020 meeting; and any other evidence
(within the meaning of Public Resources Code Sections 21080(e) and 21082.2), the City Council
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. Exhibits attached to this Resolution, including the Environmental Consistency Analysis
(Exhibit A), and Environmental Consistency Analysis Supporting Documents
(Exhibits B to I) 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 the Planning Manager,
Sailesh Mehra.
B. CEQA Findings
1. 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, as
proposed for amendment;
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. 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
movie theater and parking areas;
d. As supported by the findings of the ECA, 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.
2. For the reasons stated in this Resolution, the Project is exempt from CEQA pursuant to
CEQA Guidelines Section 15183 as the Project is consistent with a Community Plan,
General Plan or Zoning for which an EIR was certified because as supported by the
findings of the ECA:
a. The Project is consistent with the development density established by existing El
Camino Mixed Use Zoning and General Plan policies for which the South El
Camino General Plan Amendment Program EIR was certified;
b. There are no project-specific effects which are peculiar to the Project or the Project
Site;
c. There are no project-specific impacts, which the South El Camino General Plan
Amendment Program EIR failed to analyze as significant effects;
d. 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,
e. There is no substantial new information which results in more severe impacts than
anticipated by the South El Camino General Plan Amendment Program EIR.
3. 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, as contemplated in
CEQA Guidelines Section 15162, in significant environmental effects beyond those
adequately evaluated and addressed by the South El Camino General Plan Amendment
Program EIR, nor would the Project require any new mitigation measures and
therefore, the Project is within the scope of the South El Camino General Plan
Amendment Program EIR and the Program EIR may be used for this later activity
pursuant to CEQA Guidelines Section 15168 because:
a. The Project does not propose substantial changes to the South El Camino
General Plan Amendment, which will require major revisions of the South El
Camino General Plan Amendment Program EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
b. No substantial changes have occurred with respect to the circumstances under
which the South El Camino General Plan Amendment is undertaken which will
require major revisions of the South El Camino General Plan Amendment
Program EIR due to the involvement of new significant effects or a substantial
increase in the severity of previously identified significant effects; and,
c. 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
South El Camino General Plan Amendment EIR was certified as complete,
shows any of the following:
i. The Project will have one or more significant effects not discussed in the
South El Camino General Plan Amendment Program EIR;
ii. Significant effects previously examined will be substantially more severe
than shown in the previous EIR;
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 South El Camino General Plan Amendment
Program EIR would substantially reduce one or more significant effects
on the environment, but the Project proponents decline to adopt the
mitigation measure or alternative.
4. For the reasons stated in this Resolution, the Project qualifies for streamlining pursuant
to Public Resources Code 21159.28 for residential projects because it meets the
following criteria:
a. The Project is at least 75% residential; and
b. The Project is consistent with the general use, designation, density, building
intensity and applicable policies of the Plan Bay Area; and
c. The Project will incorporate mitigation measures required by a prior EIR.
5. For the reasons stated in this Resolution, the Project qualifies for streamlining pursuant
to CEQA Guidelines 15183.3 because it meets the following criteria:
a. The Project is located on an infill site;
b. The Project will satisfy the performance standards contained in Appendix M to the
CEQA Guidelines; and
c. The Project is consistent with the general use designation, density, building
intensity, and applicable policies of San Francisco Bay Area’s Sustainable
Communities Strategy, the Plan Bay Area 2040 (“Plan Bay Area”).
6. For the reasons stated in this Resolution, the Project qualifies for streamlining pursuant
to CEQA Guidelines 15183.5 because it meets the following criteria:
a. The City adopted a Climate Action Plan (CAP) with a Mitigated Negative
Declaration, and
b. The Project incorporates greenhouse-gas reducing strategies from the CAP.
7. The Planning Commission finds that the Project is statutorily and categorically exempt
from CEQA pursuant to CEQA Guidelines Section 15332: Class 32 and CEQA
Guidelines Section 15183, and qualifies for streamlining under CEQA pursuant to
CEQA Guidelines Sections 15183.3 and 15183.5(b) and Public Resources Code
21159.28. The Planning Commission also finds that the Project falls within the
environmental parameters analyzed in the South El Camino General Plan EIR pursuant
to CEQA Guidelines Section 15168 because as contemplated in CEQA Guidelines
Section 15162, 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 South El Camino General Plan Amendment
Program EIR certified by City Council nor would new mitigation be required by the
Project. The Planning Commission finds that the Project implements the policies of the
South El Camino General Plan Amendment, and all the reports prepared for the Project
(Traffic Analysis, Noise Analysis, Phase 1 Environmental Site Assessment, Tree
Report), determined that the Project would not result in any new impacts not adequately
evaluated and all impacts were addressed by the South El Camino General Plan
Amendment Program EIR and Statement of Overriding Considerations.
SECTION 2 DETERMINATION
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 make a determination that the environmental effects of the proposed Project
were sufficiently analyzed under the South El Camino General Plan Amendment Program
Environmental Impact Report (EIR) pursuant to California Environmental Quality Act (CEQA)
Guidelines Section 15168, and that the proposed project is exempt from CEQA under CEQA
Guidelines Sections 15183 and 15332, and qualifies for streamlining pursuant to CEQA Guidelines
Sections 15183.3 and 15183.5 and Public Resources Code Section 21159.28.
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 17th day of September, 2020 by the
following vote:
AYES: Chair Wong, Vice-Chair Evans, Commissioner Faria, Commissioner Shihadeh,
Commissioner Murphy, Commissioner Bernardo, Commissioner Tzang
NOES:
ABSTENTIONS:
ABSENT:
RECUSE: Attest_/s/Sailesh Mehra__________
Secretary to the Planning Commission