HomeMy WebLinkAboutReso 179-2020 (20-870)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 179-2020
File Number: 20-870 Enactment Number: RES 179-2020
RESOLUTION ADOPTING A GENERAL PLAN
AMENDMENT IN ASSOCIATION WITH THE 410
NOOR RESIDENTIAL PROJECT TO CLARIFY AND
INCORPORATE THE CITY COUNCIL'S DISCRETION
TO APPROVE APPROPRIATE PROJECTS THAT ARE
FOUND INCONSISTENT WITH THE AIRPORT LAND
USE CONSISTENCY PLAN, USING THE LOCAL
AGENCY OVERRIDE PROCESS, PER PUBLIC
UTILITIES CODE SECTION 21670 ET SEQ.
WHEREAS, in 1999, the City Council for the City of South San Francisco considered and
adopted the General Plan and associated Draft and Final Environmental Impact Reports; and
WHEREAS, in 2010, the City Council for the City of South San Francisco considered and
adopted the South El Camino General Plan Amendment, associated Zoning Amendments and Draft and
Final Environmental Impact Reports, which identified the South El Camino area as an opportunity for
mixed-use transit -oriented development; and
WHEREAS, the applicant has proposed construction of a high-density mixed-use residential
development, consisting of 338 residential units, a small retail space, and community and open space
amenities over 4.74 acres at 410 Noor Avenue, APNs: 014-183-270, 014-183-230, and 014-183-220 in
the City; and
WHEREAS, the 410 Noor project site is within the El Camino Mixed -Use (ECRMX) zoning
district, which permits multi -family residential development; and
WHEREAS, the San Mateo County Airport Land Use Plan (ALUCP) was amended in 2012, and
the updated noise contours included in the plan placed the 410 Noor project site within the 70-75 db
Noise Contour, which the plan designates as "Not Compatible" for multi -family development, unless at
the time of adoption of the SFO ALUCP (2012) the site had been zoned exclusively for residential use,
and
WHEREAS, the ALUC reviewed the 410 Noor project in July 2020, and found that the due to its
location, the project is inconsistent with the noise compatibility policies and criteria in the ALUCP, and
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File Number: 20-870
Enactment Number: RES 179-2020
WHEREAS, Sections 21675.1(d), 21676, and 21676.5 of the Public Utilities Code provides that
local agencies may override airport land use commission disapprovals of proposed land use policy
actions or development proposals, and
WHEREAS, the applicant is requesting that the City Council approve the 410 Noor project using
the local agency override process provided for in Division 9, Part 1, Chapter 4, Article 3.5 of the Public
Utilities Code; and
WHEREAS, the applicant is proposing to amend the General Plan to clarify the City Council's
authority to utilize the local agency override process; and
WHEREAS, the City and the applicant prepared an Environmental Consistency Analysis (ECA)
for the 410 Noor project in accordance with the provisions of the California Environmental Quality Act
("CEQA") and CEQA Guidelines; and
WHEREAS, by separate Resolution, the City Council has made findings and determined that the
ECA is the appropriate environmental document for the Project; and
WHEREAS, on September 17, 2020 the Planning Commission conducted a properly noticed
public hearing to consider making a recommendation to the City Council on the 410 Noor Project
Entitlements including a General Plan Amendment to reference the local agency override process; and
WHEREAS, on December 1, 2020 the City Council conducted a properly noticed public hearing
to consider the 410 Noor Project Entitlements including a General Plan Amendment to reference the
Local Agency Override Process; 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, CEQA and CEQA Guidelines, 14 California Code of Regulations § 15000,
et seq.; the South San Francisco General Plan and General Plan EIR, including all amendments and
updates thereto; the South San Francisco Municipal Code; the South El Camino General Plan
Amendment and associated Zoning Amendments, the South El Camino General Plan Amendment EIR,
the draft General Plan and Zoning Text Amendments referencing the local agency override process, the
410 Noor Environmental Consistency Analysis, the SFO ALUCP (2012), all reports, minutes, and public
testimony submitted as part of the City Council hearing of December 1, 2020 and any other evidence
(within the meaning of Public Resources Code § 21080(e) and § 21082.2) ("Record"), the City of South
San Francisco City Council hereby finds as follows:
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File Number: 20-870
SECTION 1 FINDINGS
I. General Findings
Enactment Number: RES 179-2020
1. The foregoing recitals are true and correct and made a part of this Resolution.
2. The Record for these proceedings, and upon which this Resolution is based, includes without
limitation, Federal and State law; 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,
including all amendments and updates thereto; the South San Francisco Municipal Code; the
SFO ALUCP (2012), all reports, minutes, and public testimony submitted as part of the Planning
Commission meeting of September 17, 2020 and the City Council meeting of December 1, 2020
and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2).
3. The refinements, clarifications, and/or corrections set forth in the General Plan Amendments are
minor in nature, and in accordance with the requirements of CEQA Guidelines § 15162, the
adoption of said amendments 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 South El Camino General Plan EIR, or General Plan EIR nor do the
refinements, clarifications, and/or corrections constitute a change in the project or change in
circumstances that would require additional environmental review.
4. 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 Planning Manager.
I. General Plan Amendment Findings
1. The proposed General Plan Amendment for the Project will modify the Land Use Element
implementing policies and the Noise Element implementing policies to incorporate references to
the local agency override process, per State Public Utilities Code Sections 21670 et seq. These
amendments are minor alterations to the General Plan to reference State law. The proposed
amendments will further the purpose of the General Plan by clarifying the City Council's
authority to utilize the override process to approve appropriate projects.
2. The proposed General Plan Amendment for the Project will require an amendment to other plans
that the City Council has adopted, namely the Zoning Ordinance, and this is being done in
tandem through resolution to ensure internal consistency with all City adopted documents. With
the approval of these other amendments
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File Number: 20-870
Enactment Number: RES 179-2020
all of the proposed amendments will be consistent and aligned to implement the City's goals and
objectives.
3. The 410 Noor Environmental Consistency Analysis is the appropriate environmental analysis for
the proposed General Plan Amendment since the proposed changes do not alter any of the
previous EIR assumptions and no new significant impacts are identified.
SECTION II. AMENDMENTS.
The City Council adopts the General Plan Amendment (Exhibit A). All other sections, subsections,
tables, figures, graphics and text that are not amended by the proposed Amendments and draft Ordinance
attached shall remain in full force and effect.
SECTION 2 RECOMMENDATION
Now, therefore, Be it Further Resolved that the City Council of the City of South San Francisco
hereby makes the findings contained in this Resolution, and adopts the General Plan Amendment
attached as Exhibit A.
Be it further resolved that this Resolution shall become effective immediately upon its passage
and adoption.
At a meeting of the City Council on 12/1/2020, a motion was made by Councilmember Nicolas, seconded by
Councilmember Nagales, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Garbarino, Vice Mayor Addiego, Councilmember Nagales, Councilmember
Nicolas, and Councilmember Matsumoto
Attest by ) 0 Inw lk---�
osa Govea Acosta, City Clerk
City of South San Francisco Page 4
Exhibit A: General Plan Amendment
Chapter 2: Land Use Element
1. Land Use Policy 2-I-22: Require that all future development conforms with the relevant height,
aircraft noise, and safety policies and compatibility criteria contained in the most recently adopted
version of the San Mateo County Comprehensive Airport Land Use Plan for the environs of San
Francisco International Airport, with the exception of projects deemed appropriate by the City
Council, and to the extent necessary, approved through the local agency override process,
consistent with Public Utilities Code Section 21670 et seq.
Chapter 9: Noise Element
1.Noise Policy 9-1-10: Do not allow new residential or noise sensitive development in the CNEL
70 dB+ areas impacted by SFO operations, as required by Airport Land Use Commission infill
criteria, with the exception of projects deemed appropriate by the City Council and to the extent
necessary, approved through the local agency override process.
2.Noise Policy 9-I-11: Require new residential development in area between the most recent
FAA-accepted 65 and 70 dB CNEL aircraft noise contours for San Francisco International Airport
(SFO), or those projects deemed appropriate by the City Council and, to the extent necessary,
approved through the local agency override process, to grant an avigation easement to the City
and County of San Francisco, as proprietor of SFO.