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HomeMy WebLinkAboutReso 56-2000RESOLUTION NO. 56-2000 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION OF THE CITY COUNCIL TO CERTIFY THE FOCUSED ENVIRONMENTAL IMPACT REPORT FOR OAK FARMS (EIR 99-06?) WHEREAS, a Notice of Preparation was prepared in November 1999, and mailed to responsible public agencies; and, WHEREAS, a draft Focused Environmental Impact Report (Focused DEIR) dated February 2000 was prepared for the project pursuant to the California Environmental Quality Act of 1970, as amended, and a Notice of Completion was filed with the State Clearinghouse (SCH# 1999112038); and, WHEREAS, the Focused DEIR was circulated for a 45-day review period beginning on March 1, 2000 and ending on April 14, 2000. Public notice of the availability of the Focused DEIR was published in a newspaper of general circulation and mailed to agencies and all persons who had requested notification; and, WHEREAS, a Final Focused Environmental Impact Report (Final Focused EIR) dated April 21, 2000 has been prepared which includes responses to all comments received during the public review period. Notice of the availability of the Final Focused EIRwas published in a newspaper of general circulation on May 10, 2000, and mailed to the two commenting bodies and agencies; WHEREAS, the Planning Commission adopted Resolution # 2554 recommending certification of the DEIR/FEIR to the City Council at their regularly scheduled and noticed public hearing on May 4, 2000; and, WHEREAS, the City Council held a duly noticed certification hearing on the document on May 24, 2000; and, NOW, THEREFORE, BE IT RESOLVED that the City Council adopts the Findings of Fact and Statement of Overriding Considerations, as contained in the attached Exhibit A, including the Mitigation Monitoring and Reporting Program, and certifies the Focused Environmental Impact Report for the Oak Farms Residential Project. I hereby certify that the foregoing resolution was adopted by the City Council of the City of South San Francisco at the regular meeting held on 24th day of May , 2000 by the following vote: AYES: Councilmembers Eugene R. Mullin and John R. Penna, Mayor Pro Tem Joseph A. Fernekes and Mayor Karyl Matsumoto NOES: None. ABSTAIN: None. ABSENT: None. ATTEST: lerk Exhibit A OAK FARMS RESIDENTIAL SUBDIVISION Findings of Fact and Statement of Overriding Consideration Pursuant to Sections 15091 and 15093 of the State CEQA Guidelines and Section 21081.6 of the Public Resources Code Related Environmental Documentation Draft and Final Environmental Impact Reports (State Clearinghouse Number 199112038) Date of Adoption by City of South San Francisco Project Files May Be Reviewed At: City of South San Francisco Department of Economic and Community Development Planning Division 315 Maple Avenue South San Francisco 94083 May, 2000 Section 1 Introduction and Purpose A 33 lot subdivision is planned to be located at the south east corner of Oak Avenue and Grand Avenue. The project would create 32 new single-family homes on a 2.65 acre site. There is a triplex at the northeastern comer of the property which would be retained, thus resulting in a 33 lot subdivision. There is an existing two-story single-family structure located on the western portion of the site which would be demolished. The site also includes a pump house, wooden water tank and storage shed which would also be demolished. The Lux Barn, also on the site, would be demolished. The purposes of the project include: To achieve an environment reflecting a higher-level of attention for Urban Design, Small Town Community, Architectural Design and Land Use principles. To develop a housing type that is more affordable to various segments of the community in a manner consistent with the housing needs as identified by the Bay Area Association of Governments (ABAG). · To provide parking within the development thereby not impacting the existing neighborhood. To facilitate a higher and better use of the site through a unique layout and design with a common walkway (open space) to create a sense of small town (Old South San Francisco) environment. Reducing the jobs-housing imbalance identified in the City's recently adopted updated General Plan (October 1999) by providing more housing opportunities in South San Francisco within close proximity (3/4 mile) of the under-construction Bay Area Rapid Transit District (BART) line. This document presents findings that must be made by the City prior to approval of the project pursuant to Sections 15091 and 15093 of the CEQA Guidelines and Section 21081 of the Public Resources Code. Under CEQA the City is required to make written findings explaining how it has dealt with each alternative and each significant environmental impact identified in the draft Focused Environmental Impact Report (DEIR) and the final Focused Environmental Impact Report (FEIR) (City of South San Francisco February 25, 2000 and April 21, 2000), collectively referred to herein as the "EIR." The City may find that: Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effects identified in the EIR; Oak Farms Residential Subdivision Findings of Fact Statement of Overriding Considerations Section 1. Introduction and Purpose May, 2000 Such changes or alterations are within the responsibility and jurisdiction of another public agency, and not the agency making the findings, and have been or can and should be adopted by that other agency; or, · Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. Each of these findings must be supported by substantial evidence in the administrative record. Evidence from the DEIR, FEIR, the City's General Plan and the project files for this project located at the South San Francisco Planning Division is used to meet these criteria. This document summarizes the significant environmental impacts of the project and the project alternatives, and describes how these are to be mitigated. This document is divided into the following seven sections: Section 1 Introduction and Purpose; Section 2 Findings on the Project Alternatives Considered in the EIR; Section 3 Findings on Significant Impacts of the Proposed Project Identified in the EIR; Section 4 Mitigation Measures for Less-Than-Significant Impacts; Section 5 Implementation Schedule and Checklist for Mitigation Monitoring and Reporting; Section 6 Statement of Overriding Considerations; and Section 7 Citations. Oak Farms Residential Subdivision Findings of Fact Statement of Overriding Considerations Section 1. Introduction and Purpose May, 2000 Section 2 Findings on Project Alternatives Considered in the EIR ALTERNATIVE 1 NO-PROJECT The No-Project Alternative would not develop new housing and would leave the barn in its current state. The Lux Barn would continue in its deteriorated condition. The building has extensive dry-rot and termite and rodent infestation and does not meet the minimum requirements of the Uniform Building Code for structural soundness or habitability. The Lux Barn would continue to deteriorate and eventually would be lost. Finding: No-Project Alternative Infeasible The no-project alternative would not result in saving the Lux Barn. It is not the project that is causing its deterioration, but the lack of maintenance. The No-Project Alternative is infeasible because it would not achieve the goals and objectives of the project.. The No-Project Alternative would not achieve the social and economic goals of the project to (1) Develop a housing type that is more affordable to the various segments of the community in a manner consistent with the housing needs as identified by the Bay Area Association of Governments (AGAG) and (2) Reduce the jobs-housing imbalance identified in the City's General Plan (October 1999) by providing more housing opportunities within close (3/4 mile) proximity of the under- construction Bay Area Rapid Transit District line. The No-Project Alternative would not meet the City's General Plan goals of providing housing (up to 30 dwelling units per acre) on the site. The No-Project Alternative would not meet the E1 Camino Corridor Redevelopment Plan land use designation which is also residential up to 30 dwelling units per acre. The No-Project Alternative would not meet the affordability requirements of California Redevelopment Law wherein 15% (applied to the project, five units) of the housing units must be below market rate. The No-Project Alternative would not provide the opportunity for the "First-Time Homebuyer" program (Program) that is proposed as part of the project. The Program and its requirements would be entered into by a Development Agreement between the Developer and the City and would require the present and future sales of the five homes to be reserved to below market rate. Therefore, the City will not pursue this alternative ALTERNATIVE 2-REDUCED PROJECT DENSITY AND RETENTION AND RESTORATION OF THE BARN ON THE SITE Th reduced-density alternative assumes that the Lux Barn would be retained on the site and rehabilitated and that the project would be reduced in density (by 10 to12 units) and redesigned in order to accommodate inclusion of the Lux Barn and limited farming on the site. Restoration costs would cost upwards of $1,000,000 (rehabilitation, restoration and architectural and design fees). Land costs are not included in this estimate. Oak Farms Residential Subdivision Findings of Fact Statement of Overriding Considerations 6 Section 2. Findings on Project Alternatives Considered in the EIR May, 2000 Finding: Reduced Density Alternative Infeasible The loss of 10 to 12 units of housing would likely render the project economically infeasible. The Reduced-Project Alternative would not achieve the social and economic goals of the project to: (1) Develop a housing type that is more affordable to the various segments of the community in a manner consistent with the housing needs as identified by the Bay Area Association of Governments (AGAG) and (2) Reduce the jobs-housing imbalance identified in the City's General Plan (October 1999) by providing more housing opportunities within close (3/4 mile) proximity of the under-construction Bay Area Rapid Transit District line. Additionally, the City Attorney's Office has opined that there is not a nexus to require as a mitigation measure or condition of approval the restoration of the Lux Barn as the costs of such a condition or mitigation measure do not meet the test of proportionality. The ability of the City to meet its economic and housing redevelopment objectives contained in the E1 Camino Corridor Redevelopment Plan and the housing objectives contained in the General Plan would be jeopardized. Therefore, the City will not pursue this alternative. ALTERNATIVE 3-INCREASED DENSITY AND RETENTION AND RESTORATION OF THE BARN ON THE SITE This alternative assumes that the Lux Barn would be retained on the site and rehabilitated and that the project would be increased to 80 units (six-story structure) in density and be constructed as an apartment complex or townhomes for purchase. The rehabilitation costs would be the same as that identified for the reduced project, approximately $1,000,000, not including the costs of the land. Finding: Increased Density Alternative Infeasible The increased density alternative would result in an increase of impacts over that of the proposed project. The secondary impacts associated with this alternative include visual impacts as the size and height of the structure would be out of scale with the neighborhood. There may be a loss of light to the single-family one- and two-story structures along the southern property line of the site. A rezoning to R-3 multi-family residential would be required as well as a variance to the height restrictions. Additionally, this alternative would not meet the following objectives of the project: (1) To achieve an environment reflecting a higher-level of attention for Urban Design, Small Town Community, Architectural Design and Land Use principles and, (2) To facilitate a higher and better use of the site through a unique layout and design with a common walkway (open space) to create a sense of small town (Old South San Francisco). Therefore, the City will not pursue this alternative. Again, the City Attorney's Office has opined that there is not a nexus to require as a mitigation measure or condition of approval the restoration of the Lux Barn as the costs of such a condition or mitigation measure do not meet the test of proportionality. Oak Farms Residential Subdivision Findings of Fact Statement of Overriding Considerations Section 2. Findings on Project Alternatives Considered in the EIR May, 2000 Section 3 Findings on Significant Impacts of the Proposed Project Identified in the EIR This section identifies the findings of significant impacts of the project, as identified in the EIR. HISTORICAL RESOURCES Impact 3.1.A: Relocation and rehabilitation of the Lux Barn would result in a significant impact to the historic resource in terms of the context of small-scale farming under all three impact criterion. Mitigation Measure 3.1.A Move the Barn to Orange Park, historically rehabilitate the Lux Barn to the 1854 use as a carriage house and place an historical plaque at the project site at Oak Avenue. Level of Significance after Mitigation Full restoration and rehabilitation of the Barn would result in a less-than-significant impact to the structure with respect to its original use as a carriage house and a structure that dates to 1850's. Relocating the Barn to Orange Park would still result in a significant impact with respect to the loss of the context of small-scale farming in South San Francisco. Mitigation Measure 3.1.A-Alternative Move the Barn to Orange Park and rehabilitate the Lux Barn (but not to the extent of the historic rehabilitation identified in Mitigation Measure 3.1.A) and place an historical plaque at the project site at Oak Avenue. Level of Significance after Mitigation Full implementation of mitigation measure would still result in a significant impact to the historic significance of the structure due to the compromises that would be made in the restoration in order to keep the restoration costs down and due to the loss of the context of small-scale farnfing. Finding: Mitigation Measure 3.1.A and 3.1.A-Alternative Not Feasible. Full historic restoration of the Lux Barn can not be levied on the developer because a degree of proportionality does not exist between the cost of the mitigation measure and the project impacts. Anything less than a full-scale restoration would still result in a significant unavoidable impact to the Barn. The loss of small-scale farming would remain a significant unavoidable impact under both mitigation alternatives. Secondary impacts could occur at Orange Park with implementation of the mitigation measure which includes the: Loss of recreation area; Loss of landscaping to create an area to place the Barn; and Public safety and security issues with respect to potential vandalism or personal injury. Impact 3.1.A requires a Statement and Finding of Overriding Considerations. Oak Farms Residential Subdivision Findings of Fact Statement of Overriding Considerations Section 3. Findings on Significant Impacts of the Proposed Project Identified in the EIR May, 2000 Impact 3.1.B: Demolition of the Lux Barn would result in a significant impact to the historic resource in terms of the date of the structure (1850's), its association with the Lux Mansion under all three impact criterion and its context with small-scale farming. In order to construct the project as proposed, the Lux Barn would be demolished. Demolishing the Barn would remove the structure from our culture. Mitigation Measure 3.1.B Drafting floor plans of the Barn, taking photographs of the Barn and archiving this information in the history room of the library would preserve documentation of the Barn. Removing some of the architectural features such as doors, wood, cabinetry and/or molding from the building prior to demolition, and donating the pieces to the historic museum would preserve aspects of the Barn. Documentation of the Barn could also include documentation of small-scale farming in South San Francisco including the farming activities on the site and the Uccelli farming. Level of Significance after Mitigation Documentation and preservation of the historic features of the Barn is a practice of historic preservation used by the U.S. Department of the Interior National Park Service. This mitigation measure, however, would not reduce project impacts to a less than significant level to both the Barn as a structure dating to the 1850's associated with the Lux Mansion and the context of the small-scale farming. Finding: Mitigation Measure 3.1.A Feasible Documentation and archival of the Lux Barn and its context with small-scale farming is feasible. A Finding of Overriding Considerations would still be required however, as the impact would not be reduced to a less-than-significant level. Mitigation Measure 3.l.B-Alternative The Barn could be disassembled, by use of volunteer community labor, carefully marked and stored for reassembly at a later date. The Barn could be relocated and reconstructed when a receiver site is identified. During disassembly the Barn could be treated for termites and dry rot to arrest the deterioration of the structure. Photographs should be taken of the site with respect to small-scale farming. All efforts should be made to locate a receiver site with agricultural uses, and barring that, photographs of the current site and photographs of any Uccelli farming, should be displayed in the Barn upon reconstruction. Level of Significance after Mitigation Implementation of this mitigation measure would not reduce project impacts to the structure to a less-than significant level, due to the compromises in renovation necessary to keep the project costs down. The loss of the context of small scale-farming would still remain a significant unavoidable impact Finding: Mitigation Measure 3.1.B-Alternative Not Feasible. The mitigation measure would not reduce the project impacts to a less-than-significant level. The loss of time to Oak Farms Residential Subdivision Findings of Fact Statement of Overriding Considerations Section 3. Findings on Significant Impacts of the Proposed Project Identified in the EIR May, 2000 assemble a volunteer labor force to disassemble the Lux Barn, the costs of storing the Barn, and insurance for the Lux Barn would all add to project costs. The presence of asbestos and the potential liability to volunteers with respect to handling the asbestos would be a secondary safety impact, Liability for volunteer workers may also need to be considered especially with respect to asbestos exposure. A Finding of Overriding Consideration pursuant to CEQA would still be required for the impacts to both the structure dating to the 1850's associated with the Lux Mansion and small-scale farming in South San Francisco. Oak Farms Residential Subdivision Findings of Fact Statement of Overriding Considerations 10 Section 3. Findings on Significant Impacts of the Proposed Project Identified in the EIR May, 2000 ' ' Section 4 Mitigation Measures for Less-Than-Significant Impacts This section identifies the findings on less-than-significant impacts of the project, as identified in the EIR. There were no impacts identified in the Oak Farms EIR that were less-than-significant. Oak Farms Residential Subdivision Findings of Fact Statement of Overriding Considerations Section 4. Findings on Less-Than-Significant Impacts of the Proposed Project Identified in the EIR 11 May, 2000 Section 5 Implementation Schedule and Checklist for Mitigation Monitoring and Reporting This section contains a description of the required mitigation measure. Both impacts are listed, and both require Findings of Overriding Considerations. IMPACT MITIGATION Impact 3.1-A. Relocation and rehabilitation of the Lux Barn would result in a significant impact to the historic resource in terms of the context of small- scale farming under all three impact criterion. (Significant- Unavoidable). Move the Barn to Orange Park, historically rehabilitate the Lux Barn to the 1854 use as a carriage house and place an historical plaque at the project site at Oak Avenue. Alternative Move the Barn to Orange Park or some other location and rehabilitate the Lux Barn, to a lesser extent than identified above and place an historical plaque at the project site at Oak Avenue. The Barn would be rehabilitated at a minimum extent to slow or prevent its decay and extensive historical restoration would not occur. The Barn would be restored to the historical use of storage, with a less- exacting replication of original building materials, and without the need to rehabilitate to current-day occupancy standards IMPLEMENTED WHEN MONITORED LEVEL OF BY IMPLEMENTED BY SIGNIFICANCE N/A N/A City Council Adopt Significant a Finding of Unavoidable Overriding Consideration. Mitigation Measure is infeasible. Oak Farms Residential Subdivision Findings of Fact Statement of Overriding Considerations 12 Section 5. Implementation Schedule and Checklist for Mitigation Monitoring and Reporting Program May, 2000 IMPACT Impact 3.1-B. Demolition of the Lux Barn would result in a significant impact to the historic resource in terms of the date of the structure (1850's) and its association with the Lux Mansion under all three impact criterion. (Significant Unavoidable). MITIGATION Document and archive the Barn and its context with respect to small-scale farming with photographs and floor plans prior to demolition. Preserve some architectural features of the Barn and display them at the history museum. Documentation of the Barn and the site would be in-keeping with General Plan Policy Guiding Policy 7.5-G-2 which states encourages municipal and community awareness, appreciation, and support for South San Francisco's historic, cultural, and archaeological resources. IMPLEMENTED BY Developer to pay for architectural services for documentation · WHEN IMPLEMENTED Prior to demolition permit being issued by the City for demolition of any structure on the site MONITORED BY City Council. Building and Planning. LEVEL OF SIGNIFICANCE Significant. Requires City Override and Statement of Overriding Consideration Oak Farms Residential Subdivision Findings of Fact Statement of Overriding Considerations 13 Section 5. Implementation Schedule and Checklist for Mitigation Monitoring and Reporting Program May, 2000 Section 6 Statement of Overriding Considerations CEQA requires the decision-making agency to balance the applicable economic, legal, social, technological or other benefits of the proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of a project outweigh the unavoidable adverse effects, those effects may be considered "acceptable" (State CEQA Guidelines Section 15093(a)). However CEQA requires the agency to support, in writing, the specific reasons for considering the project acceptable when specific impacts are infeasible to mitigate. Such reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record (State CEQA Guidelines Section 15093(b)). The agency's statement is referred to as a "Statement of Overriding Considerations". The City of South San Francisco is proposing to approve the Oak Farms Residential Subdivision project and has prepared and certified a DEIR/FEIR that satisfies the requirements of CEQA. The following adverse impacts of the project are considered significant and unavoidable, based on the DEIR, FEIR and findings discussed previously in Sections 2 and 3 of this document: Impact 3.1.A: Relocation and rehabilitation of the Lux Barn would result in a significant impact to the historic resource in terms of the context of small-scale farming under all three impact criterion. Impact 3.1.B: Demolition of the Lux Barn would result in a significant impact to the historic resource in terms of the date of the structure (1850's), its association with the Lux Mansion under all three impact criterion and its context with small-scale farming The City finds that the social, environmental, and economic considerations of the proposed Oak Farms Residential Subdivision project outweigh the foregoing, unavoidable environmental impacts for the reasons stated below. In making this finding, the City has balanced the applicable, social, legal, environmental, economic and other benefits of the proposed project against its unavoidable environmental impacts and has indicated its willingness to accept the resulting risk. The Land Use and Housing Element of the City's General Plan recognizes the importance of reducing the "jobs/housing imbalance". The proposed project would provide 32 new single family residential units within ~ mile of the now under- construction Bay Area Rapid Transit (BART) Line. The location of the project with respect to BART as well as the E1 Camino Corridor, less than a quarter mile away, provides housing within a transit and service area. The addition of the 32 units of housing would assist the City in meeting its regional fair share of housing needs as established by the Bay Area Association of Governments (ABAG). The E1 Camino Corridor Redevelopment Plan (Plan) also identifies the project site as one requisite to provide housing. The provision of in-fill housing would provide five below market rate units and a first time homebuyer program that would insure the unit's Oak Farms Residential Subdivision Findings of Fact Statement of Overriding Considerations 14 Section 6. Statement of Overriding Considerations May, 2000 affordability for the life of the project. The project would also assist in alleviating blight in the Plan Area. Housing/Social Benefits: The project would be a source of housing including providing five affordable housing opportunities. The addition of the 32 units of housing would assist the City in meeting its regional fair share of housing needs as established by ABAG. Community Benefits: The project would assist in alleviating blight in the Plan Area. Land Use Benefits: The project would provide for residential development that is identified in and consistent with the City's General and Redevelopment Plans which is within close proximity to the under-construction BART line and the E1 Camino Corridor transit and service corridor. Environmental Benefits: The project itself is not contributing to the deterioration of the Lux Barn. The Lux Barn is deteriorating as a result of dry-rot, termite and rodent infestation and as it currently exists does not meet the minimum requirements under the Uniform Building Code for safety or habitability. The project would necessitate the demolition or removal of the Barn. Demolition of the Barn would result in its loss sooner that existing conditions which will result in its eventual loss due to lack of maintenance. As required in the Mitigation Monitoring and Reporting Program, prior to demolition the Lux Barn would be fully documented with floor plans and elevations. The documentation, along with any significant building elements that can be salvaged, would be required to be archived with the Historic Museum. Therefore, the proposed project as mitigated would result in documenting and archiving the history and physical elements of the Barn. Economic Benefits: The project would increase property tax revenues on site and in the project area. The Oak Farms Residential Subdivision provides a beneficial mix of land use, development, housing, environmental and economic benefits which outweighs the unavoidable environmental impact. Therefore, the City has adopted the Statement of Overriding Considerations. Oak Farms Residential Subdivision Findings of Fact Statement of Overriding Considerations 15 Section 6. Statement of Overriding Considerations May, 2000 Section 7 Citations PRINTED REFERENCES City of South San Francisco General Plan, October 1999. City of South San Francisco El Camino Corridor Redevelopment Plan, June 1993 as amended. Draft and Final Focused Environmental Impact Report-Oak Farms, April 21, 2000. Environmental Consultant: Allison Knapp, Planning, Redevelopment and Environmental Consulting, San Francisco, CA City of South San Francisco Planning Commission Staff Report, May 4, 2000. Oak Farms Residential Subdivision Findings of Fact Statement of Overriding Considerations 16 Section 6. Statement of Overriding Considerations May, 2000