HomeMy WebLinkAboutReso 122-2022 (22-596)Exhibit A: DRAFT Findings
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SECTION 1 FINDINGS
1. The foregoing recitals are true and correct and made a part of this Resolution.
2. That the Public Utilities Code Sections 21676 and 21676.5 provide that a local governing
body may overrule the Airport Land Use Commission if it makes specific findings that the
proposed action is consistent with the purposes of Public Utilities Code Section 21670. The
City Council therefore finds the following:
a. The first purpose of Section 21670 is to provide for the orderly development of each
public use airport in this State, and the area surrounding these airports so as to promote
the overall goals and objectives of California airport noise standards and to prevent the
creation of new noise and safety problems. The second purpose of Section 21670 is to
protect public health, safety, and welfare by ensuring the orderly expansion of airports
and the adoption of land use measures that minimize the public’s exposure to excessive
noise and safety hazards within areas around public airports to the extent that these
areas are not already devoted to incompatible uses.
b. With respect to Safety Policies, the majority of the proposed Project site is located
within Safety Zone 4, the Outer Approach / Departure Zone. Within Safety Zone 4,
residential use is not restricted. Hazardous uses, such as biosafety level 2 uses (which
encompasses the life science uses proposed on the project site) are determined to be
“not incompatible” but are classified as uses that should be “avoided unless no feasible
alternative is available.” In addition, the safety compatibility criteria state that where
such a use is allowed, habitable structures need to be provided with at least 50% more
exits than required by codes.
The Biosafety Levels used in the ALUCP are derived from guidance from the Center
for Disease Control, Biosafety in Microbiological and Biomedical Laboratories (SFO
ALUCP at IV-33), which also explains that Level 2 involves agents “that are already
present in the community” and that with “good microbiological techniques, these
agents can be used safely.” Because Level 2 does not authorize respiratory or
aerosolized agents, it does not present a materially greater risk to public safety than
Level 1 activities.
All uses proposing hazardous materials use are reviewed by the City of South San
Francisco Fire Department (SSFFD) and Building Division to ensure hazardous
materials requirements are met prior to construction, including required separation
between hazardous materials and sensitive land uses and proper hazardous materials
storage facilities. Any businesses that generate or use hazardous materials within the
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Planning Area would also be subject to existing hazardous materials regulations such
as those implemented by San Mateo Environmental Health Services, which is the local
Certified Unified Program Agency (CUPA). The CUPA and SSFFD also conduct
inspections for fire safety and hazardous materials management of businesses and
residential dwellings. Businesses storing or handling hazardous materials over
threshold quantities are required to submit Hazardous Materials Business Plans
(HMBP) pursuant to federal, State, and local regulations. These HMBPs must include
measures for safe storage, use, and handling of hazardous materials, along with a
contingency plan that describes the facility’s response procedures in the event of a
hazardous materials release.
Per ALUCP requirements, any structure within the project that is located within Safety
Zone 4 and that contains a use classified as Biosafety Level 2 will be required to provide
at least 50 percent more exits than required by applicable codes.
No feasible alternative for the proposed inclusion of a biosafety level 2 use is available
on this site because the majority of life science users blend Biosafety Levels 1 and 2 in
facilities, making it too difficult for a landowner to compete for laboratory tenants if a
facility is restricted to Biosafety Level 1. The applicant has represented that in order to
make the project commercially feasible, Biosafety Level 2 is necessary.
c. With respect to the Airspace Protection Policies, per the ALUCP, airspace protection
policies are established with a two-fold purpose: 1) To protect the public health, safety,
and welfare by minimizing the public’s exposure to potential safety hazards that could
be created through the construction of tall structures, and, 2) To protect the public
interest in providing for the orderly development of SFO by ensuring that new
development in the Airport environs avoids compromising the airspace in the Airport
vicinity. This avoids the degradation in the safety, utility, efficiency, and air service
capability of the Airport that could be caused by the attendant need to raise visibility
minimums, increase minimum rates of climb, or cancel, restrict, or redesign flight
procedures.
The proposed Project site includes five buildings (three life science buildings, one
multifamily residential building and one parking structure), with the maximum height
of the tallest building on the site at approximately 160 feet above Mean Sea Level
(MSL). The proposed Project site is located within an area that requires filing FAA
Form 7460-1, Notice of Proposed Construction or Alteration, for structures exceeding
30 feet in height. The project will include a Condition of Approval requiring that the
applicant demonstrate compliance with this FAA requirement, prior to obtaining
building permits. The Project site is also located within the Part 77 airspace protection
surfaces for SFO. The applicant has submitted a detailed airspace analysis completed
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by Williams Aviation Consultants which concludes that the Project will not penetrate
the Part 77 Imaginary Surface. The critical aeronautical surfaces above the Project Site
are at an elevation of between approximately 159 and 168 feet above MSL. Maximum
structure heights would be approximately 160 feet above MSL. A structure built at a
maximum of 160 feet above MSL would be below the critical aeronautical surface
height established. Based on the height being close to the maximum allowable, the
applicant will document that all structures, including appurtenances, will be
constructed below the heights shown on the SFO critical aeronautical surfaces map
prior to issuance of any project building permits. Therefore, the proposed Project would
be consistent with the airspace policies as established in the adopted 2012 SFO
ALUCP.
Per ALUCP Policy A4, proposed land uses with characteristics that may cause visual,
electronic, or wildlife hazards, particularly bird strike hazards, to aircraft taking off or
landing at the Airport or in flight are incompatible in Area B of the Airport Influence
Area. The South San Francisco Zoning Ordinance (Section 20.300.010) contains
performance standards to ensure that all development protects the community from
nuisances, hazards and objectionable conditions, including those which could be
aircraft hazards, including light, glare, air contaminants, or electromagnetic
interference. As proposed, the 180 El Camino Real project is consistent with the
performance standards contained in the Zoning Ordinance and would not create an
aircraft hazard.
d. With respect to Noise Policies, ALUCP Policy NP-1 Noise Compatibility Zones
identifies the noise compatibility zones for the purposes of the ALUCP. As depicted,
the majority of the project site, including the multi-family residential building, is
located within the 70-75 dB CNEL contour. ALUCP Policy NP-2 stipulates that
noise/land use compatibility shall be determined according to the criteria contained in
ALUCP Table IV-1 which lists various land use types and whether the use is
“compatible”, “conditionally compatible”, or “not compatible” within a given noise
contour range. Life science uses are not specifically listed in Table IV -1, but it is
considered comparable to “Commercial Office, Business and Professional Uses”,
which is identified in Table IV-1 as “compatible” within the 70-75 dB CNEL contour
without restrictions. Multi-family residential uses are identified as “not compatible”
within the 70-75 dB CNEL contour.
An ALUC Environmental Noise Analysis prepared by Salter, dated February 28, 2022,
indicates that recent airport noise patterns are less than anticipated in the ALUCP, and
that the Project site is currently less impacted by airport noise than at the time the
ALUCP was adopted. The Noise Analysis also illustrates that implementation of noise
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control measures and construction standards will lessen noise impacts to residents.
Prior to issuance of building permits, detailed acoustical analyses shall be completed
as part of the final design for the proposed residential structures. The Project shall
incorporate construction methods, sound attenuation features, and sound reducing
barriers that reduce noise impacts in accordance with Section 21670, State Building
Code, and General Plan requirements to meet the interior noise levels of 45 dBA
CNEL. Sound control treatments shall include mechanical ventilation for all units so
that windows can be kept closed at the resident’s discretion to control noise, and special
building construction techniques (such as sound-rated windows and building façade
treatments) for all units. The Project is also required to include real estate disclosures
in residential leases, disclosing the presence of an airport within two miles of the
property, per Section 11010 of the Business and Professions Code.
e. As illustrated by the above discussion, approval of the proposed Project as configured
would provide for orderly development adjacent to the airport and promote the overall
goals and objectives of the California airport noise standards and prevent the creation
of new noise and safety problems because the proposed Project provides much needed
housing near transit on an underutilized site, while also utilizing advanced construction
techniques to minimize any noise impacts to residents; because there is no feasible
alternative for the proposed inclusion of a biosafety level 2 use within the portion of
the site that is located with Safety Zone 4, and all uses storing or handling hazardous
materials are required to comply with federal, State, and local regulations that ensure
safe storage, use, and handling of hazardous materials safe on this site. Furthermore,
subject to documentation that all structures, including appurtenances, will be
constructed below the heights shown on the SFO critical aeronautical surfaces map
prior to issuance of any project building permits, approval of the proposed Project does
not create any aircraft hazards.
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.
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