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Resolution making findings and certifying the Environmental Impact Report including adoption of a Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program for the 499 Forbes Boulevard Project.
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WHEREAS, Aralon Properties (“Applicant”) has proposed to construct a five-story, 128,737 square-foot office / R&D building approximately 85 feet in height, and a five-story parking structure on a 2.96-acre site on 499 Forbes Boulevard (“Project”); and,
WHEREAS, Applicant seeks approval of a Conditional Use Permit (UP19-0011), Design Review (DR19-0032), and Preliminary Transportation Demand Management Program (TDM19-0005) for the Project; and,
WHEREAS, the proposed Project is located within the Business and Technology Park (BTP) Zoning District; and,
WHEREAS, approval of the applicant’s proposal is considered a “project” for purposes of the California Environmental Quality Act, Pub. Resources Code §21000, et seq. (“CEQA”); and,
WHEREAS, in accordance with CEQA the City determined that an Environmental Impact Report (“EIR”) was required to evaluate the impacts of the proposed Project; and,
WHEREAS, the City issued a Notice of Preparation on November 15, 2019; and,
WHEREAS, the City prepared a Draft EIR (“DEIR”) (State Clearinghouse No. 2019110287), which was circulated for 45-day public/agency review period from May 19, 2020 through July 6, 2020; and,
WHEREAS, Notices of the Availability of the DEIR were published in the South San Francisco Examiner, mailed to property owners within a 300-foot radius of the site, noticed to local agencies and cities, and circulated through the State Clearinghouse; and,
WHEREAS, the City prepared written responses to comments received on the Draft EIR and prepared a Final EIR for circulation, which consists of the DEIR (incorporated by reference), all comments received on the DEIR, written responses to comments received on the DEIR, and revisions to the DEIR, and a Mitigation and Monitoring Reporting Program (“MMRP”); and,
WHEREAS, the DEIR reviewed and analyzed the potential environmental impacts of the Project, including environmental impacts in the areas of Aesthetics, including the visual character of the proposed Project, including light and glare; Air Quality, including construction dust; Biological Resources; Cultural Resources; Geology & Soils, including ground shaking, soil stability, landslides, lateral spreading, liquefaction and expansive soils; Hazards/Hazardous Materials; Hydrology and Water Quality; Land Use and Planning; Noise; Population & Housing; Public Services; Transportation and Circulation; Utilities/Service Systems; and cumulative impacts of the Project, growth-inducing impacts of the Project, as well as potential Project Alternatives;
WHEREAS, where feasible, mitigation measures have been incorporated into the Project to reduce identified impacts to a level of less than significant; and
WHEREAS, no feasible mitigation exists for certain significant and unavoidable noise and transportation impacts that would reduce the impacts to a less-than-significant level; and
WHEREAS, under applicable provisions of CEQA Guidelines section 15092(b), the Project may not be approved or carried out unless the City has eliminated or substantially lessened all significant effects on the environment where feasible, or determined that any remaining significant effects on the environment found to be unavoidable are acceptable due to overriding concerns; and
WHEREAS, a Statement of Overriding Considerations has been prepared pursuant to CEQA Guidelines sections 15092(b) and 15093, which evaluates the benefits of the proposed Project against its unavoidable impacts and sets forth the Project’s specific benefits and overriding concerns;
WHEREAS, the Planning Commission has reviewed and carefully considered the information in the DEIR, the Final EIR, the Statement of Overriding Consideration, and the MMRP, respectively attached hereto as Exhibits A, B, C, and D, at a duly noticed public hearing held on November 19, 2020, as objective and accurate documents that reflect the independent judgment of the City in the identification, discussion and mitigation of the Project’s environmental impacts, and considered all testimony and evidence presented at the hearing and in the record before it.
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 South San Francisco Municipal Code; the Project applications; the 499 Forbes Boulevard Project Plan, as prepared by Woods-Bagot Architecture, dated October 23, 2020; the Preliminary Transportation Demand Management Plan, as prepared by TDM Specialists, Inc., dated June 26, 2019; the 499 Forbes Boulevard Project EIR, including the Draft and Final EIR and all appendices thereto; all site plans; all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed November 19, 2020 public hearing; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the Planning Commission of the City of South San Francisco hereby finds as follows:
1. The foregoing recitals are true and correct and made a part of this Resolution.
2. The exhibits and attachments, including the Environmental Impact Report including the Draft EIR and Final EIR (attached as Exhibit D and A, respectively), the CEQA Findings including Statement of Overriding Considerations (attached as Exhibit B), and the Mitigation Monitoring and Reporting Program (attached as Exhibit C), are each 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. Based on the Planning Commission’s independent judgment and analysis, the Planning Commission makes the findings regarding the Project's significant and unavoidable impacts, potentially significant impacts, and less than significant impacts; makes the findings regarding the proposed mitigation measures, and the Project alternatives; and adopts the Statement of Overriding Considerations, finding that the benefits of the Project outweigh the Project’s significant and unavoidable environmental impacts, for the reasons, and as further set forth in Exhibit B, attached hereto and incorporated by reference.
BE IT FURTHER RESOLVED that the Planning Commission of the City of South San Francisco hereby makes the findings contained in this Resolution and certifies EIR19-0003 attached as Exhibit A, adopts the Statement of Overriding Consideration attached as Exhibit B, and adopts the Mitigation Monitoring and Reporting Program, attached as Exhibit C.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption.