HomeMy WebLinkAboutSuccessor Reso 02-2016 RESOLUTION NO. 02-2016
CITY COUNCIL AND SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF
THE CITY OF SOUTH SAN FRANCISCO, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A JOINT RESOLUTION OF THE CITY COUNCIL AND THE
SUCCESSOR AGENCY MAKING FINDINGS AND APPROVING
THE ENVIRONMENTAL CONSISTENCY ANALYSIS,
INCLUDING ALL SUPPLEMENTARY ANALYSES, FOR THE
CONSTRUCTION OF TWO SEVEN-STORY RESIDENTIAL
BUILDINGS WITH A TOTAL OF 260 UNITS AT BOTH
CORNERS OF AIRPORT BOULEVARD AND MILLER AVENUE
(309, 315, 401-421 AIRPORT BOULEVARD), A PRIVATE
RESIDENTIAL PARKING LOT AT 405 CYPRESS AVENUE,
AND TWELVE (12) TOWNHOME UNITS AT 216 MILLER
AVENUE; AND MAKING A DETERMINATION THAT THE
PROJECT COMPLIES WITH CEQA.
WHEREAS,the Successor Agency to the Redevelopment Agency of the City of South San
Francisco ("Agency") is the owner of certain real property located in the City of South San
Francisco ("City"), California, known as County Assessor's Parcel Number 012-317-110 ("401
Airport Boulevard"), 012-317-100 ("411 Airport Boulevard"), 012-317-090 ("421 Airport
Boulevard"),012-314-100("405 Cypress Avenue"),012-314-220("216 Miller Avenue"),012-318-
080 ("315 Airport Boulevard") and collectively referred to as the "Agency Properties"; and,
WHEREAS, in August, 2014, the Agency and Miller Cypress SSF, LLC ("Developer")
entered into an Exclusive Negotiation Rights Agreement ("ENRA") that established a mutual
understanding among the City,the Agency,and the Developer regarding the potential development
of the Agency Properties; and,
WHEREAS, in preparation for the potential acquisition of the Agency Properties by the
Developer, the Agency and Developer prepared a Purchase and Sale Agreement("PSA"); and,
WHEREAS, in conjunction with the potential acquisition of the Agency Properties, the
Developer has acquired rights to entitle and develop County Assessor's Parcel Number 012-318-040
("309 Airport Boulevard"); and,
WHEREAS, the Developer has proposed construction of a high-density residential
development, consisting of 260 residential apartments in Phase 1, 12 for-sale residential
townhomes in Phase 2,and 342 total vehicle parking spaces("Project")over 2.34 acres at the
following addresses: 309 Airport Blvd., 315 Airport Blvd., 401-421 Airport Blvd., 405
Cypress Ave., and 216 Miller Ave. (collectively"Project Site") in the City; and,
WHEREAS, the City Council's approval of the Developer's proposal and the Agency's
approval of the PSA would each be considered a "project" for purposes of the California
Environmental Quality Act, Pub. Resources Code § 21000, et seq. ("CEQA"); and,
WHEREAS,on January 28,2015,the City Council certified an Environmental Impact Report
("EIR") (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
Downtown Station Area Specific Plan("DSASP Program EIR"); and,
WHEREAS,on January 28,2015,the City Council also adopted a Statement of Overriding
Considerations("SOC") 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 DSASP Program 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 in compliance with all applicable DSASP regulations and the
Project is subject to the DSASP Program EIR MMRP; and,
WHEREAS,CEQA allows for limited environmental review of subsequent projects under a
program EIR when an agency finds that a project would not create any new environmental effects
beyond those previously analyzed under a program EIR and would not require any new mitigation
measures (CEQA Guidelines § 15168 (c)(2)).
WHEREAS, under CEQA, an agency must examine subsequent activities in a proposed
project in the light of the program EIR to determine whether the program EIR sufficiently analyzed
the environmental effects of a proposed project or whether an additional environmental document
must be prepared. The CEQA Guidelines require agencies to use checklists or similar mechanisms
to conduct this analysis (CEQA Guidelines § 15168 (c)(5)); and,
WHEREAS,the City prepared an Environmental Consistency Analysis for the Project 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 Program EIR certified by City Council and also,concluded that the Project
would not require any new mitigation measures; and,
WHEREAS, on January 21, 2016 the Planning Commission for the City of South San
Francisco held a lawfully noticed public hearing to take public testimony and solicit public comment
and consider the Environmental Consistency Analysis, Development Agreement and proposed
entitlements and recommended approval of the Environmental Consistency Analysis,Development
Agreement and proposed entitlements; and,
WHEREAS,the City Council and the Agency held a lawfully noticed joint public hearing on
February 10, 2016 to take public testimony and solicit public comment and consider the
Environmental Consistency Analysis; and,
WHEREAS,the City Council has reviewed and carefully considered the information in the
Environmental Consistency Analysis, including all supplementary analyses and comment letters
submitted, makes the findings contained in this Resolution, and approves of the Environmental
Consistency Analysis 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; and,
WHEREAS, the Agency has reviewed and carefully considered the information in the
Environmental Consistency Analysis, including all supplementary analyses and comment letters
submitted, makes the findings contained in this Resolution, and approves of the Environmental
Consistency Analysis as an objective and accurate document that reflects the independent judgment
and analysis of the Agency 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 General Plan and General Plan EIR; the Downtown Station Area
Specific Plan and the Downtown Station Area Specific Plan Program EIR;the South San Francisco
Municipal Code;the Project applications; the Project Plans, as prepared by TCA Architects, dated
December 7, 2015; the Environmental Consistency Analysis, as prepared by City staff, dated
February 10, 2016 including all appendices thereto; all site plans, and all reports, minutes, and
public testimony submitted as part of the Planning Commission's duly noticed January 21, 2016
meeting; all reports, minutes, and public testimony submitted as part of the joint City
Council/Successor Agency's duly noticed February 10,2016 meeting and any other evidence(within
the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of
South San Francisco and the Successor Agency to the Redevelopment Agency of the City of South
San Francisco hereby find as follows:
1. The foregoing recitals are true and correct.
2. The Environmental Consistency Analysis attached to this Resolution as Exhibit A,as
prepared by City staff,dated February 10,2016 is 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.
4. Design features of the Project,as well as compliance with all applicable regulations,
conditions of approval,and the mitigation measures imposed on the Project pursuant to the DSASP
Program EIR MMRP, will operate to ensure that the impacts of the Project will not exceed
established CEQA thresholds of significance except for those impacts which the City previously
determined could not be mitigated to below a level of a significant impact and for which the City has
previously adopted a statement of overriding considerations.Therefore,and as further documented
in the Environmental Consistency Analysis for the Project, additional mitigation measures beyond
those established in the DSASP Program EIR MMRP are not required for the Project.
5. 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 and the PSA 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 because:
a. There are no substantial changes proposed in the 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
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;
6. 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, dated February 10, 2016 attached
hereto as Exhibit A, the City Council and the Successor Agency, each exercising its independent
judgment and analysis,finds that the Project is consistent with the analysis presented in the certified
Downtown Station Area Specific Plan Program EIR,and 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 Downtown Station Area Specific Plan Program
EIR certified by the City Council. This is supported by the fact that,consistent with the Downtown
Station Area Specific Plan EIR Mitigation Monitoring and Reporting Program,the project prepared
Toxic Air Contaminants (TAC) and Green House Gas (GHG) Emissions Assessment, a Historic
Resources Analysis,an Updated Historical Evaluation,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 Downtown Station Area Specific Plan Program EIR. In addition, the records
includes a wind study and a shadow study which both conclude that the Project will not cause a
significant environmental impact.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
South San Francisco and the Successor Agency to the Redevelopment Agency of the City of South
San Francisco hereby makes the findings contained in this Resolution, and hereby takes the
following actions:
1. Approves the Environmental Consistency Analysis, including all supplementary
analyses attached hereto and incorporated herein as Exhibit A.
2. Determines that the Project is consistent with the analysis presented in the certified
DSASP Program EIR, complies with the requirements of CEQA, and does not
require further environmental review.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately
upon its passage and adoption.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
Successor Agency to the former Redevelopment Agency of the City of South San Francisco at a
special meeting held on the 10th day of February, 2016 by the following vote:
AYES: Boardmembers Karyl Matsumoto, Richard Garbarino, and Liza Normandy,
Vice Chairman Pradeep Gupta and Chairman Mark Addiego
NOES: None.
ABSTAIN: None.
ABSENT: None.
ATTEST: �_
EXHIBIT A
ENVIRONMENTAL CONSISTENCY ANALYSIS
2598986.1