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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 City of South San Francisco Page 1 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: City of South San Francisco Page 2 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 City of South San Francisco Page 3 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.