HomeMy WebLinkAboutPC Meeting 09-17-20 (Reso 2863-2020) - 410 Noor - 2 RESOLUTION NO. 2863-2020
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
RESOLUTION RECOMMENDING THAT THE CITY COUNCIL CONSIDER AND
ADOPT A GENERAL PLAN AMENDMENT IN ASSOCIATION WITH THE 410 NOOR
RESIDENTIAL PROJECT TO CLARIFY AND INCORPORATE THE CITY COUNCIL’S
DISCRETION TO APPROVE APPROPRIATE PROJECTS THAT ARE FOUND
INCONSISTENT WITH THE AIRPORT LAND USE CONSISTENCY PLAN, USING
THE LOCAL AGENCY OVERRIDE PROCESS, PER PUBLIC UTILITIES CODE
SECTION 21675.1 (D) AND ADOPT AN ORDINANCE AMENDING SOUTH SAN
FRANCISCO MUNICIPAL CODE SECTION 20.300.010 (“PERFORMANCE
STANDARDS”) TO INCLUDE A REFERENCE TO THE LOCAL AGENCY OVERRIDE
PROCESS, TO MAINTAIN INTERNAL POLICY CONSISTENCY.
WHEREAS, in 1999, the City Council for the City of South San Francisco considered and adopted
the General Plan and associated Draft and Final Environmental Impact Reports; and
WHEREAS, in 2010, the City Council for the City of South San Francisco considered and adopted
the South El Camino General Plan Amendment, associated Zoning Amendments and Draft and
Final Environmental Impact Reports, which identified the South El Camino area as an opportunity
for mixed-use transit-oriented development; and
WHEREAS, the applicant has proposed construction of a high-density mixed-use residential
development, consisting of 338 residential units, 467 parking spaces, a small retail space, and open
space amenities over 4.74 acres at 410 Noor Avenue, APNs 014-183-270, 014-183-230,
and 014-183-220 in the City; and
WHEREAS, the 410 Noor project site is within the El Camino Mixed-Use (ECRMX) zoning
district, which permits multi-family residential development; and
WHEREAS, the San Mateo County Airport Land Use Plan (ALUCP) was amended in 2012, and
the updated noise contours included in the plan placed the 410 Noor project site within the 70-75
db Noise Contour, which the plan designates as “Not Compatible” for multi-family development,
unless at the time of adoption of the SFO ALUCP (2012) the site had been zoned exclusively for
residential use, and
WHEREAS, the ALUC reviewed the 410 Noor project in July 2020, and found that the due to its
location, the project is inconsistent with the noise compatibility policies and criteria in the ALUCP,
and
WHEREAS, Section 21675.1(d) of the Public Utilities Code provides that local agencies may
override airport land use commission disapprovals of proposed land use policy actions or
development proposals, and
WHEREAS, the applicant is requesting that the City Council approve the 410 Noor project using
the local agency override process; and
WHEREAS, the applicant is proposing to amend the General Plan and the Zoning Ordinance to
clarify the City Council’s authority to utilize the local agency override process; and
WHEREAS, the City desires to ensure internal policy consistency within the General Plan and
Zoning Ordinance; and
WHEREAS, the City and the applicant prepared an Environmental Consistency Analysis (ECA)
for the 410 Noor project in accordance with the provisions of the California Environmental Quality
Act (“CEQA”) and CEQA Guidelines; and
WHEREAS, by separate Resolution, the Planning Commission has made findings and
recommended approval of the ECA as the appropriate environmental document for the Project;
and
WHEREAS, on September 17, 2020 the Planning Commission conducted a property noticed
public hearing to consider making a recommendation to the City Council on the 410 Noor Project
Entitlements including General Plan and Zoning Text Amendments; and
NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before it, which
includes without limitation, CEQA and 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 South El Camino
General Plan Amendment and associated Zoning Amendments, the South El Camino General Plan
Amendment EIR, the draft General Plan and Zoning Text Amendments referencing the local
agency override process, the 410 Noor Environmental Consistency Analysis, the SFO ALUCP
(2012), all reports, minutes, and public testimony submitted as part of the Planning Commission
meeting of September 17, 2020 and any other evidence (within the meaning of Public Resources
Code § 21080(e) and § 21082.2) (“Record”), the City of South San Francisco Planning
Commission hereby finds as follows:
SECTION 1 FINDINGS
I. General Findings
1. The foregoing recitals are true and correct and made a part of this Resolution.
2. The Record for these proceedings, and upon which this Resolution is based, includes without
limitation, Federal and State law; 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
SFO ALUCP (2012), all reports, minutes, and public testimony submitted as part of the
Planning Commission meeting of September 17, 2020 and any other evidence (within the
meaning of Public Resources Code §21080(e) and §21082.2).
3. The refinements, clarifications, and/or corrections set forth in the General Plan Amendments
and Zoning Text Amendments are minor in nature, and in accordance with the requirements
of CEQA Guidelines §15162, the adoption of said amendments 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
EIR, IS/MND prepared for the Zoning Ordinance, General Plan EIR nor do the refinements,
clarifications, and/or corrections constitute a change in the project or change in circumstances
that would require additional environmental review.
4. 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, Sailesh Mehra.
I. General Plan Amendment Findings
1. The proposed General Plan Amendment for the Project will modify the Land Use Element
implementing policies and the Noise Element implementing policies to incorporate references
to the local agency override process, per State Public Utilities Code Section 21675.1. These
amendments are minor alterations to the General Plan to reference State law. The proposed
amendments will further the purpose of the General Plan by clarifying the City Council’s
authority to utilize the override process to approve appropriate projects.
2. The proposed General Plan Amendment for the Project will require an amendment to other
plans that the City Council has adopted, namely the Zoning Ordinance, and this is being done
in tandem through resolution to ensure internal consistency with all City adopted documents.
With the approval of these other amendments, all of the proposed amendments will be
consistent and aligned to implement the City’
3. The 410 Noor Environmental Consistency Analysis is the appropriate environmental clearance
for the proposed General Plan Amendment since the proposed changes do not alter any of the
previous EIR assumptions and no new significant impacts are identified.
II. Zoning Text Amendment Findings
1. The proposed Zoning Text Amendment is consistent with the adopted General Plan because
the Zoning Text Amendment will implement the General Plan policies referencing the local
agency override process, per State Public Utilities Code Section 21675.1. The Zoning Text
Amendment will be consistent with the General Plan, as proposed for revision. None of the
revisions to the Zoning Ordinance will conflict with or impede achievement of any of the goals,
policies, or land use designations established in the General Plan.
2. The Zoning Text Amendment applies Citywide and would ensure consistency between the
Zoning Ordinance and the General Plan, in reference to the local agency override process, per
State Public Utilities Code Section 21675.1. Projects that seek to utilize the local agency
override process will be evaluated individually to determine whether such projects are suitable
for that process and as such, the proposed amendments ensure that subject properties are
suitable for proposed uses on an individual basis.
3. The proposed Zoning Text Amendment does not change any zoning districts identified in the
Zoning Ordinance and therefore, will not affect or be detrimental to the use of land in any
adjacent zone.
SECTION II. AMENDMENTS.
The Planning Commission recommends that the City Council adopt the General Plan Amendment
(Exhibit A), and introduce an Ordinance to adopt the Zoning Text Amendment (Exhibit B). All
other sections, subsections, tables, figures, graphics and text that are not amended by the proposed
Amendments and draft Ordinance attached shall remain in full force and effect.
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 South San Francisco City Council adopt the General Plan Amendment attached as Exhibit
A and adopt an Ordinance amending South San Francisco Municipal Code Section 20.300.010
attached as Exhibit B.
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 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