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HomeMy WebLinkAboutPC Meeting 08-06-20 (Reso 2866-2020) - 428 baden RESOLUTION NO. 2866-2020 PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA RESOLUTION MAKING FINDINGS AND DETERMINING THAT PROPOSED PROJECT AT 428 AND 432 BADEN AVENUE IS STATUTORILY AND CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE SECTION 65457, PUBLIC RESOURCES CODE SECTION 21166, AND CEQA GUIDELINES SECTIONS 15332, AND DETERMINE THAT BASED ON AN ENVIRONMENTAL CONSISTENCY ANALYSIS DATED JUNE 2020, THE PROJECT IS CONSISTENT WITH AN ADOPTED PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE SOUTH SAN FRANCISCO DOWNTOWN STATION AREA SPECIFIC PLAN (DSASP), AND WOULD NOT NECESSITATE THE NEED FOR PREPARING A SUBSEQUENT ENVIRONMENTAL DOCUMENT PURSUANT TO THE CRITERIA OF SECTION 15162 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES; AND APPROVING A USE PERMIT AND DESIGN REVIEW TO CONSTRUCT A FOUR-STORY RESIDENTIAL BUILDING AT 428 AND 432 BADEN AVENUE WHEREAS, the applicant has proposed construction of a residential development, consisting of 36 rental units utilizing the State Density Bonus Law where three of the units will be dedicated to very low income households and be subject to an Affordable Housing Agreement, and provide 28 parking spaces over 0.32 acres on 428 and 432 Baden Avenue (consisting of two parcels (APNs: 012-321-170 and 012-321-160)) collectively referred to herein as the “Project Site” in the City; and WHEREAS, the proposed Project is located within the southwestern portion of the Downtown Station Area Specific Plan (“DSASP”) area; and WHEREAS, the applicant seeks approval of a Conditional Use Permit (UP19-0005) and Design Review (DR19-0022) for the Project; and WHEREAS, approval of the applicant‘s proposal is considered a “project” for purposes of the California Environmental Quality Act, Pub. Resources Code Resources Code §21000, et seq. (“CEQA”); and WHEREAS, the City Council certified an Environmental Impact Report (“EIR”) on January 28, 2015 (State Clearinghouse number 2013102001), in accordance with the provisions of the California Environmental Quality Act (Public Resources Code, §§ 21000, et seq., “CEQA”) and CEQA Guidelines, which analyzed the potential environmental impacts of the development of the DSASP; and WHEREAS, the City Council also adopted a Statement of Overriding Considerations (“SOC”) on January 28, 2015, in accordance with the provisions of the California Environmental Quality Act (Public Resources Code, §§ 21000, et seq., “CEQA”) and 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 Government Code Section 65457, as it is a residential development project that is being undertaken pursuant to a specific plan for which an EIR was prepared and certified and no event specified in Public Resources Code Section 21166 has occurred; and, the Project is also exempt pursuant to CEQA Guidelines Section 15332 as it is a qualified in-fill development project; and WHEREAS, the City and applicant prepared an Environmental Consistency Analysis for the Project pursuant to CEQA Guidelines § 15158(c)(2) and concluded that even if the Project was not exempt from CEQA pursuant to the above-listed exemptions, in accordance with the requirements of CEQA Guidelines § 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 DSASP EIR certified by City Council nor would new mitigation be required; and WHEREAS, on August 6, 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. 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 Downtown Station Area Specific Plan and the Downtown Station Area Specific Plan EIR; the South San Francisco Municipal Code; the Project applications; the Project Plans, as prepared by DNA Architects, dated May 25, 2020; the Environmental Consistency Analysis, as prepared by RCH Group date June 2020, including all appendices thereto; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed August 6, 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 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 428 and 432 Baden Avenue Entitlement Submittal Set Project Plans (Exhibit A), Draft Conditions of Approval (Exhibit B), and the Environmental Consistency Analysis and supporting documents (Exhibit C)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. CEQA Findings 1. For the reasons stated in this Resolution, the Project is exempt from CEQA pursuant to Government Code § 65457(a) as a residential project consistent with and undertaken to implement the DSASP and no event specified in Public Resources Code § 21166 has occurred because: a. No substantial changes are proposed to the DSASP as part of the Project, which would require major changes to the DSASP EIR. This is supported by the fact that the Project is consistent with DSASP and proposes no changes or amendments to the DSASP itself. As there are no proposed changes to the DSASP, there are no changes which would require revisions to the DSASP EIR. b. No substantial changes have occurred with respect to the circumstances under which the Project is to be undertaken to implement the DSASP that will require major revisions to the DSASP EIR due to the involvement of new significant effects or a substantial increase in the severity of previously identified effects. This is supported by the fact that the DSASP EIR was certified in 2015 and the circumstances surrounding the implementation of the DSASP are substantially similar to the current circumstances. c. No new information, which was not known at the time the EIR was certified as complete, has become available justifying preparation of a supplemental or subsequent EIR. 2. For the reasons stated in this Resolution, the Project is also exempt from CEQA pursuant to CEQA Guidelines § 15332: Class 32 as an in-fill 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. b. The Project will be located within the City’s limits, on a site of less than 5 acres and will be surrounded by urban uses in a built-out downtown 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 serving as the site of an existing building and parking lot. 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. e. The Project can be adequately serviced by all required utilities and public services. 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 in significant environmental effects beyond those adequately evaluated and addressed by the DSASP EIR nor would the Project require any new mitigation measures because: a. The Project does not propose substantial changes to the DSASP Project, which will require major revisions of the DSASP 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 DSASP Project is undertaken which will require major revisions of the DSASP EIR due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects; 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 DSASP Program EIR was certified as complete, shows any of the following: i. The Project will have one or more significant effects not discussed in the DSASP 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 DSASP 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. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, including but not limited to the Environmental Consistency Analysis dated June 2020, as prepared by RCH Group and attached hereto as Exhibit C, the Planning Commission, exercising its independent judgment and analysis, finds that the Project is statutorily and categorically exempt from CEQA pursuant to Government Code §65457(a) and CEQA Guidelines § 15332: Class 32 and pursuant to CEQA Guidelines § 15168(c), the Project falls within the environmental parameters analyzed in the DSASP EIR, and further finds that 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 DSASP EIR certified by City Council nor would new mitigation be required by the Project. These findings are supported by the fact that, consistent with the DSASP EIR Mitigation Monitoring and Reporting Program, the Project prepared an Air Quality, Greenhouse Gas (GHG) Emissions Assessment and Health Risk Assessment (HRA), an Historic Resources Analysis, a Shadow Analysis, a Noise and Vibration Analysis, and a Traffic and Circulation Analysis, all of which determined that the Project would not result in any new impacts not adequately evaluated and addressed by the DSASP EIR and Statement of Overriding Considerations. Conditional Use Permit 1. The Project’s proposed use is allowed within the Downtown Residential Core (DRC) Zoning District and complies with all other applicable provisions of this Ordinance and all other titles of the South San Francisco Municipal Code. Further, although the Project is requesting waivers/modifications for lot coverage, utility undergrounding requirements, and required parking spaces, the project is eligible for such waivers and modifications under the State Density Bonus Law as it is eligible to receive a thirty-five percent (35%) density bonus based on the number of affordable housing units it proposes to set aside, as described below. 2. The proposed Project is consistent with the General Plan and the Downtown Station Area Specific Plan by creating a high-density residential project that emphasizes pedestrian improvements that implements the goals of the Downtown Station Area Specific Plan, and is consistent with the City’s Design Guidelines as they relate to building design, form and articulation. 3. The proposed residential 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 approved uses in both the General Plan and Downtown Station Area Specific Plan. The Project proposes a high-density development located in the City’s Downtown Station Area Specific Plan District, which is intended for this type of use, and would be redeveloping underutilized and vacant parcels. The General Plan has analyzed this type of use and concluded that such uses are not adverse to the public health, safety, or welfare. As the proposed, the Project is consistent with other residential land uses in the Downtown Residential Core Zoning District, and approval of the Project will not be detrimental to nearby properties. Further, the proposed use is well suited to the site, and would improve the property for surrounding users and the City. In addition, the Environmental Consistency Analysis prepared for the Project concludes that as a result of the Project no new environmental effects would result from the Project beyond those previously analyzed and addressed in the DSASP EIR and MMRP. 4. With the exception of specific site density waivers requested through the State Density Bonus Law or waivers and modification request, the proposed project complies with any design or development standards applicable to the zoning district or the use in question,. Further, although the project is requesting waivers/modifications for lot coverage, utility undergrounding requirements, and required parking spaces, the project is eligible for such waivers and modifications under the State Density Bonus Law as it is eligible to receive a thirty-five percent (35%) density bonus based on the number of affordable housing units it proposes to set aside, as described below. 5. 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 a high-density residential use in the Downtown Residential Core Zoning District, which is specifically intended for such uses. 6. The site is physically suitable for the type of development and density proposed, as the residential use will benefit from being located in close proximity to the South San Francisco Caltrain Station, Grand Avenue and uses and amenities within the Downtown Station Area Specific Plan Area, and the size and development is appropriate for the location and meets the City’s land use and zoning standards, as amended by the Conditional Use Permit process. Access to the site via existing roadways is sufficient as the project is within a built-out urban environment, utilities are provided on-site or proposed for minor upgrades, and no physical constraints such as topography or lack of facilities exists that would prevent suitable development. 7. The Project is statutorily and categorically exempt from CEQA pursuant to Government Code §65457(a), Public Resources Code §21166, and CEQA Guidelines § 15332: Class 32. In addition, an environmental determination has been prepared for the Project in accordance with CEQA as the City prepared an Environmental Consistency Analysis in accordance with the requirements of CEQA Guidelines § 15168(c), which concluded that 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 DSASP EIR certified by City Council nor would any new mitigation be required. 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 high-density residential project which will provide a pedestrian-friendly, transit-oriented environment with sustainability elements incorporated. 2. The Project, including Design Review, is consistent with the General Plan and the DSASP because the proposed high-density residential development is consistent with the policies and design direction provided in the South San Francisco General Plan for the Downtown Residential Core land use designation by encouraging the development of new residential units within close proximity to the South San Francisco Caltrain Station and within the DSASP area. 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 Downtown Station Area Specific Plan Design Guidelines, and will provide a high density residential development that fulfills the guiding principles of the DSASP. The accompanying staff report provides a Zoning Consistency Analysis that supports the Project’s consistency with the foregoing plans and guidelines. 4. The Project is consistent with the Use Permit for the reasons stated in the section above. 5. The Project is consistent with the applicable design review criteria in South San Francisco Municipal Code Section 20.480.006 (“Design Review Criteria”) because the Project has been evaluated by the Design Review Board on August 20, 2019 and January 21, 2020, and found to be consistent with each of the eight design review criteria included in the Design Review Criteria” section of the Ordinance. Density Bonus Findings 1. The Project seeks a 35% density bonus under state density bonus law. The Downtown Residential Core (DRC) Zoning District, where the project is located, permits a density of 80 du/acre. The project site at 428 and 432 Baden Avenue is 14,000 sq. ft. therefore permitting a base density 26 units for the project. Of the 26 units, three (3) units will be set aside for Very Low Income households. The total percentage of affordable housing set aside for Very Low Income households constitutes eleven percent (11%) of the total number of Project residential units. Therefore, the Project is entitled to receive a thirty-five percent (35%) density bonus or a floor area ratio bonus under Government Code sections 65915 and 65917.2. In conjunction with state density bonus eligibility, the Project is also entitled to receive two concessions/incentives, certain parking reduction and an unlimited number of development standard waivers. The Project requests one incentive/concession from the requirement under SSFMC 20.280.004 to increase the maximum lot coverage from 90% to 95%, and one development standard waiver from the requirement under SSFMC 20.300.016 that all electrical, telephone, cable television, and similar distribution lines providing direct service to a development site shall be undergrounded. Based on the percentage of affordability units set aside, the Project is also entitled to receive a parking reduction ratio of 0.5 spaces per bedroom, which would reduce the required number of parking spaces from 39 spaces required under SSFMC 20.330.007 to 23 spaces. 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, hereby determines that the proposed Project at 428 and 432 Baden Avenue is statutorily and categorically exempt from CEQA pursuant to Government Code §65457(a) and CEQA Guidelines § 15332: Class 32, and is consistent with an adopted Program Environmental Impact Report for the South San Francisco Downtown Station Area Specific Plan (DSASP) and would not necessitate the need for preparing a subsequent environmental document pursuant to the criteria of Sections 15162 of the California Environmental Quality Act Guidelines as analyzed in the Environmental Consistency Analysis; and hereby approves the entitlements request for 428 and 432 Baden Avenue (P19-0021, UP19-005 and DR19-0022), subject to the attached Conditions of Approval. 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 6th day of August, 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