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Resolution making findings and a determination that the proposed office / R&D project at 101 Terminal Court (“Project”) is consistent with the scope of environmental analysis in the previously certified 2040 General Plan Environmental Impact Report and the 101 Terminal Project Environmental Checklist demonstrates that the proposed project qualifies for streamlined environmental review as there are no project-specific significant effects which are peculiar to the project pursuant to CEQA Guidelines Section 15183.
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WHEREAS, the applicant has proposed construction of two office and R&D buildings and an amenity building consisting of approximately 696,340 sq. ft., a parking structure containing 1,131 spaces, open spaces, landscaping, and circulation improvements (Project No. P22-0124) (“Project”) on the property located at 101 Terminal Court (APNs 015-113-240) of approximately 9.98 acres (referred to as “Project Site”) in the City; and
WHEREAS, the applicant seeks the following entitlements for the Project, to be considered by the Planning Commission by separate resolution: Design Review (DR22-0038) and Transportation Demand Management Plan (TDM22-0008); 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 City Council certified an Environmental Impact Report (“EIR”) on October 12, 2022 (State Clearinghouse number 2021020064) in accordance with the provisions of CEQA and the CEQA Guidelines, which analyzed the potential environmental impacts of the development of the 2040 General Plan Update, Zoning Code Amendments and Climate Action Plan (“2040 General Plan EIR”); and
WHEREAS, the City Council also adopted a Statement of Overriding Considerations (“SOC”) on October 12, 2022 in accordance with the provisions of CEQA and the CEQA Guidelines, which carefully considered each significant and unavoidable impact identified in the 2040 General Plan EIR and found that the significant environmental impacts are acceptable in light of the project’s social, economic and environmental benefits; and
WHEREAS, Section 15162 of the CEQA Guidelines generally states that no subsequent EIR need be prepared for a project where an EIR has previously been prepared unless the lead agency identifies subsequent changes in circumstances that were identified and not previously analyzed or would create new significant environmental effects
WHEREAS, CEQA Guidelines Section 15183 more specifically provides that projects consistent with the development density established by existing zoning policies or community plan for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project- specific significant effects that are peculiar to the project or its site; and
WHEREAS, CEQA Guidelines Section 15183 specifies that a public agency shall limits its examination of environmental effects to those that the agency determines in an environmental checklist are peculiar to a project or a parcel on which the project would be located, were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan with which the project is consistent, are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior EIR, or are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact that discussed in the prior EIR; and
WHEREAS, the City prepared an environmental checklist which concluded that the Project is within the scope of the 2040 General Plan EIR and is consistent with the underlying Business Technology Park High (BTP-H) General Plan land use designation and zoning regulations, and the project qualifies for streamlined environmental review under the 2040 General Plan EIR pursuant to CEQA Guidelines Section 15183 and no additional environmental review is required based on the requirements under said section; and
WHEREAS, on September 21, 2023, the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the proposed entitlements and environmental effects of the Project and take public testimony; 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 2040 General Plan; the South San Francisco Municipal Code; the 2040 General Plan EIR and Statement of Overriding Considerations; Infinite 101 Project Environmental Checklist, including all appendices thereto, prepared by ICF; Plan set prepared by SOM; Draft TDM Program prepared by Fehr & Peers; and all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed September 21, 2023 meeting; and any other evidence (within the meaning of Public Resources Code Sections 21080(e) and 21082.2), the Planning Commission of the City of South San Francisco hereby finds as follows:
SECTION 1 FINDINGS
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 2040 General Plan EIR (Exhibit A) and the Infinite 101 Project Environmental Checklist and its Appendices (Exhibit B) 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 Chief Planner.
CEQA Findings
1. The Planning Commission, pursuant to CEQA Guidelines sections 15162 and 15183, has considered the 101 Terminal Project Environmental Checklist prepared for the Project including the related environmental analysis, along with the previously certified 2040 General Plan EIR.
2. Upon consideration of the 101 Terminal Project Environmental Checklist and the entirety of the record before it, the Planning Commission, exercising its independent judgment, finds that the proposed Project is consistent with the development density established by existing zoning and general plan for which the 2040 General Plan EIR was certified, and therefore the Project does not require additional environmental review pursuant to CEQA Guidelines Section 15183, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site. In exercising its independent judgment and analysis, the Planning Commission finds that based on substantial evidence in the record including as demonstrated by the 101 Terminal Project Environmental Checklist, no peculiar impacts to the project or its site have been identified, there are no potentially significant off-site and/or cumulative impacts which were not discussed by the 2040 General Plan EIR, that no substantial new information has been identified which results in an impact which is more severe than anticipated by the 2040 General Plan EIR, and that implementation of mitigation measures and/or development policies and standards contained within the 2040 General Plan would reduce project impacts to less than significant levels. Thus, the Planning Commission finds that no additional environmental review would be required for the Project.
SECTION 2 DETERMINATION
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 determines that per CEQA Guidelines 15183, the 101 Terminal Project does not require further environmental analysis based on substantial evidence in the record, including evidence contained in the Project’s Environmental Checklist. The Planning Commission determines that the Project qualifies for streamlined environmental review and that there are no project-specific significant effects which are peculiar to the Project or its site. Thus, no other environmental review would be required.
BE IT FURTHER RESOLVED that the resolution shall become effective immediately upon its passage and adoption.
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