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Resolution making findings and determining that the Oyster Point Redevelopment Phases 2D, 3D and 4D Precise Plans Project is fully within the scope of environmental analysis in the 2011 Environmental Impact Report and that based on the 2020 Environmental Checklist, the 2011 EIR is the appropriate environmental document for the Project and thus would not necessitate the preparation of additional environmental analysis document pursuant to CEQA Guidelines section 15162.
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WHEREAS, in March 2011 the City of South San Francisco (“City”) adopted (1) Resolution No. 46-2011 certifying the 2011 Oyster Point Specific Plan and Phase 1 Project Environmental Impact Report (“2011 EIR”) (State Clearinghouse No. 2010022070), (2) Resolution No. 47-2011 approving a general plan amendment, (3) Ordinance No. 1437-2011 amending Chapter 20.230 of the Zoning Ordinance, (4) Resolution 48-2011 approving a Specific Plan Appendix, Precise Plan, Design Review, and Preliminary Transportation Demand Management Plan, and (5) Ordinance No. 1438-2011 approving a development agreement with Oyster Point Ventures, LLC (“Original Developer”) for the public-private redevelopment of an office/research and development campus and substantial public amenities at the Oyster Point Business Park and Oyster Point Marina properties; and
WHEREAS, in June 2016, the City Council and Successor Agency to the Redevelopment Agency of the City of South San Francisco (“Successor Agency”) approved the transfer of assignments to Oyster Point Development, LLC (“Second Developer”); and,
WHEREAS, in May 2018, the City Council and Successor Agency approved the transfer of assignments from the Second Developer to KR Oyster Point Developer, LLC (“Current Developer”); and,
WHEREAS, the Current Developer submitted an application requesting approval of a Precise Plan and Design Review to construct Phases 2D, 3D and 4D of the Oyster Point Redevelopment Project at 375-389 Oyster Point Boulevard (“Project”) within the Oyster Point Specific Plan Area; 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, the 2011 EIR was certified in accordance with the provisions of the California Environmental Quality Act (Public Resources Code, §§ 21000, et seq., “CEQA”) and CEQA Guidelines, which analyzed the potential environmental impacts of the Project; and
WHEREAS, pursuant to CEQA Guidelines Sections 15162 and 15164, a 2020 Environmental Checklist was prepared to determine whether the Project is within the scope of the 2011 EIR (“2020 Environmental Checklist”) which evaluates whether preparation of a Supplemental or Subsequent EIR or Negative Declaration is required; and
WHEREAS, the 2020 Environmental Checklist concludes that in accordance with Public Resources Code § 21166 and CEQA Guidelines § 15162, the implementation of Phases 2D, 3D and 4D will not cause significant impacts, that it will not trigger any new or more severe impacts than were studied in the previously certified 2011 EIR, and that no significant information has come to light since the 2011 EIR was certified that shows new or more severe significant impacts; and
WHEREAS, the Planning Commission held a properly noticed public hearing on March 5, 2020, at which time interested parties had the opportunity to be heard, to consider the Project and the 2020 Environmental Checklist, as well as supporting documents, prior to the Planning Commission making its decision on the Project; and
WHEREAS, the Planning Commission 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, 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 Oyster Point Phase 2, 3 & 4 Precise Plan Project Drawings, including Master Plan, Geotechnical Summary Report, Foundation Narrative, Traffic Analysis, TDM, Lighting-Luminaire Schedule and Drawing Set, as prepared by NBBJ Architects, dated November 6, 2019; the 2011 Oyster Point Specific Plan and Phase I Project EIR, including the Draft and Final EIR and all appendices thereto; the 2020 Environmental Checklist and all appendices thereto; all site plans, and all reports, minutes and public testimony submitted as part of the Planning Commission’s duly noticed March 5, 2020 meeting; 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:
A. General Findings
1. The foregoing recitals are true and correct and made a part of this Resolution.
2. The Exhibits attached to this Resolution, including the 2011 EIR (Exhibit A) and the 2020 Environmental Checklist (attached as Exhibit B) are each incorporated by reference as if they were each 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.
B. CEQA Findings
1. The Planning Commission, pursuant to CEQA Guidelines sections 15162 and 15164, subsection (d), has considered the 2020 Environmental Checklist prepared for the Project including the related environmental analysis, along with the previously certified 2011 EIR.
2. Upon consideration of the 2020 Environmental Checklist, the Planning Commission finds that the proposed Project will not result in any of the conditions identified in CEQA Guidelines section 15162 that would require further environmental review through preparation of a subsequent or supplemental EIR.
3. The Project will not create any new significant impacts or substantially more severe impacts as compared to those already identified and analyzed in the 2011 EIR. Further, the Planning Commission finds that there is no new information of substantial importance that demonstrates new or substantially more severe significant effects, as compared to those identified in the prior CEQA documents. No substantial changes have occurred with respect to circumstances under which the Oyster Point Specific Plan Project is undertaken which will require major revisions to the 2011 EIR due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects. Similarly, no new information that was not known or could not have been known with reasonable due diligence at the time when the 2011 EIR was certified and complete, that shows there are new significant impacts that were not previously analyzed or will now become more severe than previously analyzed. Nor are any new or additional mitigation measures required to mitigate any impacts of the Project, and prior mitigation measures included in the 2011 EIR remain feasible and will continue to apply. Notably, the existing mitigation measure relating to construction equipment standards (Air 4c-Construction Equipment Standards sand Construction Emission Standards) will implement updated equipment and emission standards that have been in place and common practice for projects since the 2011 EIR, to further reduce construction-period related health risk.
4. Accordingly, based on the record and testimony presented at the hearing, and upon review of environmental documents including but not limited to the 2011 EIR and the 2020 Environmental Checklist, the Planning Commission finds that CEQA Guidelines section 15162 does not require preparation of additional environmental analysis and that based on the 2020 Environmental Checklist, prepared pursuant to CEQA Guidelines section 15164, the 2011 EIR continues to serve as the appropriate environmental document for approval of the Project and would not necessitate the preparation of a subsequent environmental document.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of South San Francisco hereby makes the findings contained in this Resolution, and makes the determination that the Phase 2D-4D is consistent with the 2011 EIR and based on the 2020 Environmental Checklist and implementation of the mitigation and monitoring measures in the 2011 EIR, the 2011 EIR continues to serve as the appropriate environmental document for approval of the Project and it would not be necessary to prepare additional environmental documents pursuant to CEQA.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption.