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HomeMy WebLinkAbout0014_0_Staff ReportCity of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-805 Agenda Date:11/9/2020 Version:1 Item #:10a. Resolution denying an appeal and affirming the Planning Commission decision on September 17,2020 adopting the Initial Study/Mitigated Negative Declaration and approving entitlements request (P17-0108,UP17 -0021,DR17-0069,and TDM17-0005)to construct a new five-story hotel with 95 rooms and two-levels of below-grade parking at 840 El Camino Real WHEREAS,the applicant has proposed to construct a five-story hotel with 95 rooms and two levels of below- grade parking located at the 840 El Camino Real parcel (“Project”); and WHEREAS,the Project is located in the El Camino Real Mixed Use (ECRMX)Zoning District and is within a three-mile radius from San Francisco International Airport (SFO),and in close proximity to the South San Francisco BART Station and other public transportation systems; and WHEREAS,the approximately 20,132 sq.ft.site is developed with an existing 2,000 sq.ft.commercial building and asphalt paving for parking and is currently vacant,and the immediate surrounding uses include an existing auto workshop and motel along El Camino Real and existing residential neighborhood to the rear; and WHEREAS,in accordance with the California Environmental Quality Act,Public Resources Code,sections 21000,et seq.(“CEQA”),the City prepared an Initial Study/Mitigated Negative Declaration (“IS/MND”)for the Project with assistance from Rincon Consultants, Inc.; and WHEREAS,the IS/MND concludes that the following resources could be impacted by the Project:Air Quality, Biological Resources,Cultural Resources,Geology and Soils,and Greenhouse Gas Emissions,but that those potential impacts would all be reduced to a less than significant level with mitigation,as included in a Mitigation and Monitoring Reporting Program (“MMRP”) which is incorporated as a part of the IS/MND; and WHEREAS,the IS/MND was circulated for the required 30-day public comment period on April 14,2020, which ended on May 14, 2020 at 5:00p.m.; and WHEREAS,two comments were received during the comment period:one on April 14,2020,from a member of the public,and one on May 14,2020,from Rebecca Davis of Lozeau Drury LLP on behalf of Laborers International Union of North America Local Union No.270,which claimed that the then-draft IS/MND failed to analyze all environmental impacts and to implement all necessary mitigation measures,and that the City is otherwise required to prepare an Environmental Impact Report (EIR) pursuant to CEQA; and WHEREAS,the City and Project applicant prepared responses to public comments received,attached and incorporated herein as Exhibits B1 - B-4; and City of South San Francisco Printed on 12/30/2020Page 1 of 6 powered by Legistar™ File #:20-805 Agenda Date:11/9/2020 Version:1 Item #:10a. WHEREAS,in response to the public comments,the IS/MND was updated with minor technical revisions,the final version of which including a technical revision document and the associated MMRP is attached hereto and incorporated herein as Exhibits A - A2; and WHEREAS,none of the public comments received and revisions to the final IS/MND would result in the need to prepare an EIR,or the need to recirculate the IS/MND,as outlined under CEQA Guidelines section 15073.5; and WHEREAS,the Project also requires entitlement approval for a Conditional Use Permit,Design Review,and Transportation Demand Management Plan; and WHEREAS,on September 17,2020,the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the IS/MND,and related entitlements (P17-0108,UP17-0021,DR17-0069,and TDM17-0005),took public testimony,and adopted Resolution No. 2865-2020 adopting the IS/MND and approving related entitlements for the Project (“Decision”); and WHEREAS,the Planning Commission also adopted certain conditions of approval for the Project,which, among other requirements,would obligate the Project to comply with the MMRP and implement all applicable mitigation measures set forth in the IS/MND; and WHEREAS,Chapter 20.570 of the South San Francisco Municipal Code provides that the final decisions by the Planning Commission may be appealed in writing within fifteen (15) days of the date of the decision; and WHEREAS,on October 1,2020,Rebecca Davis of Lozeau Drury LLP on behalf of Laborers International Union of North America Local Union No.270 (“Appellant”)timely filed an Application for Appeal (“Appeal”) pursuant to Chapter 20.570 to appeal the Planning Commission Decision,a copy of which is attached to the accompanying staff report as Attachment 5; and WHEREAS,Appellant’s sole claim on appeal raised identical issues as its May 14,2020 comment letter; specifically,Appellant claims that the IS/MND failed to analyze all environmental impacts and to implement all necessary mitigation measures,and that the City is otherwise required to prepare an EIR pursuant to CEQA; and WHEREAS,Appellant did not raise any new claims,or make any arguments with respect to the approved Project entitlements; and WHEREAS,pursuant to SSFMC Section 20.050.007,when reviewing any decision on appeal,the appeal hearing body shall use the same standards for decision-making required for the original decision and may adopt the same decision and findings as were originally approved; and WHEREAS,on November 9,2020,the City Council for the City of South San Francisco held a duly noticed City of South San Francisco Printed on 12/30/2020Page 2 of 6 powered by Legistar™ File #:20-805 Agenda Date:11/9/2020 Version:1 Item #:10a. WHEREAS,on November 9,2020,the City Council for the City of South San Francisco held a duly noticed public hearing to solicit public comment and consider the Appeal the Planning Commission Decision to adopt the IS/MND and approve related entitlements; and WHEREAS,a City Council staff report,dated November 9,2020,and incorporated herein by reference, analyzed and responded to the Appeal issues.The staff report included exhibits which are also incorporated herein by reference.The staff report and the record as a whole set forth the basis for rejecting the CEQA challenges raised in the Appeal.In the staff report,City staff recommended that the City Council affirm the Planning Commission’s Decision pursuant to Resolution No. 2865-2020; and WHEREAS,at the public hearing on November 9,2020,the City Council used independent judgment and analysis to consider the IS/MND,the MMRP,the public comments received,and all reports,attachments, recommendations and testimony presented in the record and at the hearing, before taking action. 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,including all amendments and updates thereto;the South San Francisco Municipal Code;the IS/MND prepared by Rincon Consultants,Inc.,and all appendices thereto;all reports,minutes,and public testimony submitted as part of the City Council’s duly noticed November 9,2020 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 hereby finds as follows: SECTION 1 FINDINGS General 1.The foregoing recitals are true and correct and made a part of this Resolution. 2.The exhibits and attachments,including the final IS/MND (consisting of the main document,associated Mitigation Monitoring and Reporting Program (MMRP),and technical revision to the IS/MND) (attached as Exhibits A -A2),received comments and City findings and responses (attached as Exhibits B -B4),final Conditions of Approval (Exhibit C),Project Plans (Exhibit D),and Transportation Demand Management Plan (Exhibit E)are incorporated by reference as 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. CEQA/Initial Study/Mitigated Negative Declaration (IS/MND) City of South San Francisco Printed on 12/30/2020Page 3 of 6 powered by Legistar™ File #:20-805 Agenda Date:11/9/2020 Version:1 Item #:10a. 1.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. 2.Based on the whole record before it and on the City Council’s independent judgment and analysis,the City Council 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.The mitigation measures proposed in the IS/MND and included in the MMRP,will operate to ensure the impacts of the proposed Project will not exceed established CEQA thresholds of significance. Conditional Use Permit The Planning Commission’s findings pursuant to Resolution No. 2865-2020 are hereby affirmed as follows: 1.The proposed use is allowed within the El Camino Real Mixed-Use (ECRMX) District subject to the approval of a Conditional Use Permit and complies with all other applicable provisions of this Ordinance and all other titles of the South San Francisco Municipal Code. 2.The proposed use is consistent with the General Plan, as the site is designated as El Camino Real Mixed Use (ECRMU), which is intended to accommodate high-intensity active uses and mixed use development in the South El Camino Real area, and the proposed hotel use is consistent with the City’s general vision for orderly development and is appropriately sited. 3.The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements as the Project proposes to be self-parked consistent with other airport-oriented hotels. 4.The proposed use complies with any design or development standards applicable to the zoning district or the use in question and has been vetted and recommended for approval by the City’s Design Review Board. 5.The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and reasonably foreseeable future land uses in the vicinity. 6.The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, all of which were vetted and reviewed by staff and consultants through both a site plan analysis and specific environmental review of the potential impacts to the site. City of South San Francisco Printed on 12/30/2020Page 4 of 6 powered by Legistar™ File #:20-805 Agenda Date:11/9/2020 Version:1 Item #:10a. 7.An environmental determination has been prepared in accordance with the California Environmental Quality Act and approved by resolution of the Planning Commission. In addition, the City Council has considered the Planning Commission’s environmental determination and affirmed that determination as provided in this resolution. Findings Required in addition to the Conditional Use Permit Findings (SSFMC 20.330.006): The Planning Commission’s findings pursuant to Resolution No. 2865-2020 are hereby affirmed as follows: 1.Based on the nature of the proposed operation; proximity to frequent transit service; transportation characteristics of persons residing, working, or visiting the site; and because the applicant has undertaken a transportation demand management program, parking demand will be reduced at the site and parking demand for the proposed use should not exceed the provided parking on-site. 2.The use will adequately be served by the proposed on-site parking since the applicant would offer adequate shuttle service and has a proven occupancy rate and performance record that suggests that an approximately 0.75 parking ratio for rooms will not result in spillover parking issues. 3.Parking demand generated by the Project will not exceed the capacity of or have a detrimental impact on the supply of on-street parking in the surrounding area, since surrounding parking lots are monitored by their respective property owners. Design Review The Planning Commission’s findings pursuant to Resolution No. 2865-2020 are hereby affirmed as follows: 1.The Project is consistent with the applicable standards and requirements of the Zoning Ordinance because as submitted and modified through the Design Review Process,this Project meets or complies with the applicable standards included in the Commercial,Office and Mixed-Use Districts (Chapter 20.090); 2.The site is currently designated El Camino Real Mixed Use.The Project is consistent with the General Plan because the proposed hotel is consistent with the policies and design direction provided in the South San Francisco General Plan for the El Camino Real Mixed Use land use designation. 3.The Project is consistent with the design guidelines adopted by the City Council in that the proposed use is consistent with the Commercial,Office and Mixed-Use Districts Regulations and Standards included in Section 20.090.004. 4.The proposed Project is subject to approval of a Conditional Use Permit,and those findings have been City of South San Francisco Printed on 12/30/2020Page 5 of 6 powered by Legistar™ File #:20-805 Agenda Date:11/9/2020 Version:1 Item #:10a. made in the above section. 5.The Project is consistent with the applicable design review criteria in Section 20.480.006 (“Design Review Criteria”)because the Project has been evaluated against,and found to be consistent with,each of the eight design review criteria included in the “Design Review Criteria”section of the Zoning Ordinance. Transportation Demand Management Program The Planning Commission’s findings pursuant to Resolution No. 2865-2020 are hereby affirmed as follows: 1.The proposed trip reduction measures are feasible and appropriate for the Project, considering the proposed use and the Project’s location, size, employee roster, and hours of operation based on a review of the preliminary Transportation Demand Management Plan. 2.The proposed performance guarantees will ensure that the target alternative mode use established for the Project by this chapter will be achieved and maintained as this will be monitored on a yearly basis as part of the annual reporting requirements. SECTION 2 DETERMINATION NOW,THEREFORE,BE IT FURTHER RESOLVED,based upon the findings as set forth above,the City Council hereby affirms the Planning Commission’s decision on September 17,2020 adopting the Initial Study/Mitigated Negative Declaration pursuant to CEQA and approving entitlements request (P17-0108,UP17- 0021,DR17-0069,and TDM17-0005)to construct a new five-story hotel with 95 rooms and two-levels of below-grade parking at 840 El Camino Real pursuant to Resolution No.2865-2020,and denies the appeal of the Planning Commission’s decision,subject to the conditions of approval adopted pursuant to Resolution No. 2865-2020. BE IT FURTHER RESOLVED that the resolution shall become effective immediately upon its passage and adoption. City of South San Francisco Printed on 12/30/2020Page 6 of 6 powered by Legistar™