Loading...
HomeMy WebLinkAboutPC Meeting 09-06-18 (Reso 2827-2018) - Cadence CEQA RESOLUTION NO. 2827-2018 PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA RESOLUTION MAKING FINDINGS AND A DETERMINATION ENVIRONMENTAL EFFECTS OF THE PROPOSED MULTI-FAMILY RESIDENTIAL PROJECT AT 405 CYPRESS AVENUE, 204, 208, 212/214, AND 216 MILLER AVENUE (COLLECTIVELY REFERRED TO AS “CADENCE PHASE 2”, OR “PROJECT”) WERE SUFFICIENTLY ANALYZED UNDER THE DOWNTOWN STATION AREA SPECIFIC PLAN (DSASP) PROGRAM ENVIRONMENTAL IMPACT REPORT (EIR) PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15168, AND THAT THE PROPOSED PROJECT IS EXEMPT FROM CEQA PER CEQA GUIDELINES SECTIONS 15183 AND 15332, PER GOVERNMENT CODE SECTION 65457, AND PER PUBLIC RESOURCES CODE 21155.4 WHEREAS, the applicant has proposed construction of a high-density residential development, consisting of 195 residential units, 225 parking spaces, and residential amenities at 405 Cypress Avenue, 204, 208, 212/214, and 216 Miller Avenue, APNs 012-314-220, 012-314-190, 012- 314-180, 012-314-110, and 011-014-100 (collectively referred to as “Project Site”) in the City; and WHEREAS, the proposed Project is located within the Downtown Station Area Specific Plan (“DSASP”) area; and WHEREAS, the applicant seeks approval of a Conditional Use Permit (UP17-0019), Design Review (DR17-0067), and Development Agreement Amendment (DAA18-0002) 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 §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 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 consistent with the General Plan and the DSASP and would have no environmental impacts that would be peculiar to the Project; and WHEREAS, the Project is also exempt from CEQA pursuant to Public Resources Code section per Public Resources Code section 21155.4 as the project is a multi-family residential development project that meets three specific criteria and has no new or more significant impacts than disclosed in the EIR, and is statutorily exempt from CEQA review; and WHEREAS, the City and applicant prepared an Environmental Consistency Analysis for the Project pursuant to CEQA Guidelines § 15183 and an Environmental Checklist pursuant to CEQA Guidelines § 15168(c)(4) that 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 § 15168, the Project is within the scope of the DSASP 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 DSASP EIR certified by City Council nor would new mitigation be required; and WHEREAS, on September 6, 2018, 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 City Council 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 Downtown Station Area Specific Plan Program EIR and Statement of Overriding Considerations; the Environmental Consistency Analysis, as prepared by the applicant and City staff, 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 6, 2018 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 1. The foregoing recitals are true and correct and made a part of this Resolution. 2. The Exhibits attached to this Resolution, including the Environmental Consistency Analysis, as prepared by the applicant and City staff (Exhibit A), and Environmental Consistency Analysis Supporting Documents (Exhibits B-J) 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 § 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. 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 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 carwash 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. 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 § 15183 as the Project is consistent with a Community Plan, General Plan or Zoning because as supported by the findings of the ECA: a. The Project is consistent with the development density established by existing DSASP zoning, Specific Plan, and General Plan policies for which the DSASP Program EIR was certified. b. There are no project-specific effects which are peculiar to the project or its site. c. There are no project-specific impacts which the DSASP Program EIR failed to analyze as significant effects. d. There are no potentially significant off-site and/or cumulative impacts which the DSASP Program EIR failed to evaluate. e. There is no substantial new information which results in more severe impacts than anticipated by the DSASP 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 in significant environmental effects beyond those adequately evaluated and addressed by the DSASP Program EIR, nor would the Project require any new mitigation measures and therefore the Project is within the scope of the DSASP Plan pursuant to CEQA Guidelines section 15168 because: a. The Project does not propose substantial changes to the DSASP Project, which will require major revisions of the DSASP 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 DSASP Project is undertaken which will require major revisions of the DSASP Program 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 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 DSASP 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 reasons stated in this Resolution, the project is statutorily exempt from CEQA per Public Resources Code section 21155.4 as it is a mixed-use transit priority project as defined by Senate Bill (SB) 375, and meets the following criteria: a. The project is proposed within a transit priority area, as it is within one-half mile of the South San Francisco Caltrain station which is an existing major transit stop; and b. The project implements and is consistent with the DSASP, which was approved pursuant to a certified Program EIR; and c. The project is consistent is with the general use designation, density, building intensity, and applicable policies for the DSASP area in Plan Bay Area 2040, which is the Bay Area Sustainable Communities Strategy. 5. 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, as prepared by City staff and the applicant, attached hereto as Exhibit A the Planning Commission, exercising its independent judgment and analysis, finds that the Project is statutorily and categorically exempt from CEQA pursuant to CEQA Guidelines § 15332: Class 32, pursuant to CEQA Guidelines § 15183, and pursuant to Public Resources Code § 21155.4, the Project falls within the environmental parameters analyzed in the DSASP EIRs, and further finds that the Project is within the scope of the DSASP pursuant to CEQA Guidelines § 15168 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 DSASP Program EIR certified by City Council nor would new mitigation be required by the Project. These findings are supported by the fact that, the project implements the policies of the DSASP, and the Project prepared an Historic Resources Analysis, an Archaeological Report, a Geotechnical Investigation, a Solar Study, a Noise Assessment, a Traffic and Circulation Analysis, and a Sewer Analysis, all of which determined that the Project would not result in any new impacts not adequately evaluated and addressed by the DSASP 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 make a recommendation that the City Council make a determination that the Project is statutorily and categorically exempt from CEQA pursuant to CEQA Guidelines § 15332: Class 32, Public Resources Code § 21155.4, and CEQA Guidelines §15183 and the Project is within the scope of the Downtown Station Area Specific Plan under CEQA Guidelines § 15168 because the environmental effects of the Project were sufficiently analyzed under the Downtown Station Area Specific Plan Program Environmental Impact Report, per the requirements of the California Environmental Quality Act (CEQA) as analyzed in the Environmental Consistency Analysis. 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 September, 2018 by the following vote: AYES: Chairperson Nagales, Vice Chairperson Murphy, Commissioner Wong, Commissioner Evans, Commissioner Tzang Commissioner Faria, NOES: ABSTENTIONS:_Commissioner Shihadeh_ ABSENT: Attest_/s/Sailesh Mehra__________ Secretary to the Planning Commission