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HomeMy WebLinkAboutPC Meeting 12-06-12 (Reso 2727-2012) - CEQA 500 E Jamie - FinalRESOLUTION NO. 2727-2012 PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION MAKING FINDINGS AND ADOPTING THE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION AND A MITIGATION MONITORING AND REPORTING PROGRAM FOR AN ANAEROBIC DIGESTER FACILITY PROJECT AT 500 EAST JAMIE COURT WHEREAS, Blue Line Transfer, Inc. (“Applicant”) has submitted an application to install an Anaerobic Digestion Facility at Blue Line Transfer at 500 East Jamie Court (“Project”); and, WHEREAS, approval of Applicant’s proposal requires granting a Use Permit and is considered a “Project,” as that term is defined under the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. (“CEQA”); and WHEREAS, in accordance with CEQA, an initial study was performed, the result of which was preparation and circulation of a mitigated negative declaration (“IS/MND”) analyzing the proposed Project and concluding that approval of the Project could not have a significant effect on the environment because the impacts of the Project could all be mitigated to levels below established CEQA thresholds of significance with the adoption of mitigation measures and enforcement of such measures; and, WHEREAS, the IS/MND was circulated for a 30-day public review period, beginning on September 6, 2012, during which time members of the public were invited to comment on the environmental analysis and conclusions for the proposed Project; and WHEREAS, the Planning Commission has reviewed and carefully considered the information in the IS/MND, including all comment letters submitted, and makes the findings contained in this Resolution, and adopts the IS/MND, as an objective and accurate document that reflects the independent judgment and analysis of the City in the discussion of the Project’s environmental impacts. 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 1999 General Plan and General Plan Environmental Impact Report, including the 2001 updates to the General Plan and 2001 Supplemental Environmental Impact Report; the South San Francisco Municipal Code; the Initial Study and Mitigated Negative Declaration, prepared for the Project, including all written comments received; all reports, minutes, and public testimony submitted as part of the Design Review Board meetings held on July 26, 2012, respectively; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed public hearing on December 6, 2012; 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: 1. The foregoing recitals are true and correct and made a part of this Resolution. 2. The IS/MND, the Response to Comments, including comment letters received, and the Mitigation Monitoring and Reporting Program for the Project, attached as Exhibits A, B and C to this Resolution, are incorporated by reference as part of this Resolution, as if each were 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 Chief Planner, Susy Kalkin. 4. The proposed Project is consistent with the City of South San Francisco General Plan because the land use, development standards, densities and intensities, buildings and structures proposed are compatible with the goals, policies, and land use designations established in the General Plan (see Gov’t Code, § 65860), and none of the land uses, development standards, densities and intensities, buildings and structures will operate to conflict with or impede achievement of the any of the goals, policies, or land use designations established in the General Plan. 5. In accordance with CEQA, the Planning Commission has considered the Initial Study and Mitigated Negative Declaration for the Project, including all comments received on the IS/MND, and based on the entirety of the record, as described above, the Planning Commission, exercising its independent judgment and analysis, makes the following findings regarding the environmental analysis of the Project: a. In October 1999, the City Council certified an Environmental Impact Report for the General Plan; in 2001 the City Council certified a Supplemental Environmental Impact Report for updates to the General Plan. CEQA allows for streamlined approval of actions that are consistent with adopted General Plans for which an EIR was certified. (Pub. Resources Code, § 21083; CEQA Guidelines, §§ 15152, 15183.) An initial study was prepared for the proposed Project and a mitigated negative declaration analyzed the potential for impacts that were peculiar to the Project or not analyzed as significant impacts in the General Plan EIR, or Supplemental EIR. The IS/MND, which expressly considers the City’s previous EIRs, concludes that approval of the Project will not result in any significant environmental impacts. b. Design features of the Project, as well as the mitigation measures proposed in the IS/MND, will operate to ensure the impacts of the proposed Project will not exceed established CEQA thresholds of significance. Therefore, and as further documented in the IS/MND for the Project, additional mitigation measures beyond those established in the IS/MND are not required for the Project. c. For the reasons stated in this Resolution, the Planning Commission finds that there is no substantial evidence in the record supporting a fair argument that approval of the Project will result in a significant environmental effect. BE IT FURTHER RESOLVED that the Planning Commission of the City of South San Francisco hereby makes the findings contained in this Resolution, and adopts the IS/MND for the Project (ND12-0001). 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 the regular meeting held on the 6th day of December, 2012 by the following vote: AYES:________________________________________________________________ NOES:________________________________________________________________ ABSTENTIONS:________________________________________________________ ABSENT:______________________________________________________________ Attest:__________________________________ Susy Kalkin Secretary to the Planning Commission 1629640.1 Exhibit A Initial Study and Mitigated Negative Declaration Exhibit B Response to Comments Exhibit C Mitigation Monitoring and Reporting Program