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Resolution making findings and a determination that the proposed office / R&D project at 439 Eccles Avenue (“Project”) is fully within the scope of environmental analysis in the previously certified 2040 General Plan Environmental Impact Report, and the Environmental Checklist prepared for the Project demonstrates that the proposed Project qualifies for streamlined environmental review as there are no project-specific effects which are peculiar to the Project pursuant to California Environmental Quality Act (CEQA) Guidelines Sections 15162 and 15183.
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WHEREAS, the applicant has proposed the construction of a seven-story, 298,470 square foot (gross square footage) office / R&D building approximately 122 feet in height (with rooftop elements reaching 1146 feet), a 6-level parking structure containing 448 parking stalls, open spaces, landscaping, and circulation improvements (“Project”) on the property located at 439 Eccles Avenue (APN 015-071-260) of approximately 2.63 acres (referred to as “Project Site”) in the City; and
WHEREAS, the applicant seeks approval of a Design Review Permit (DR23-0018) and Transportation Demand Management Program (TDM23-0006) for the Project, to be considered by the Planning Commission by separate resolution; 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; and
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 than discussed in the prior EIR; and
WHEREAS, pursuant to CEQA Guidelines Section 15183, City staff and the applicant conducted environmental analysis in the form of an environmental checklist for the proposed Project; and
WHEREAS, the 439 Eccles Avenue Project Environmental Checklist and analysis concludes that in accordance with CEQA Guidelines Section 15183, the proposed Project is consistent with the development density established by existing general plan land use designation and zoning for which the 2040 General Plan EIR was certified; demonstrates that the proposed Project qualifies for streamlined environmental review, as there are no project-specific significant effects which are peculiar to the Project or the Project Site; and determines that no additional environmental review is required based on the requirements under said section; and
WHEREAS, on February 15, 2024, 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 reviewed and carefully considered the information in the 2040 General Plan EIR and 439 Eccles Avenue Project Environmental Checklist, attached hereto as Exhibit A and Exhibit B respectively, at a duly noticed public hearing on February 15, 2024, as objective and accurate documents that reflect the independent judgement 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 2040 General Plan; the South San Francisco Municipal Code; the 2040 General Plan EIR and Statement of Overriding Considerations; the Project applications; the 439 Eccles Avenue Project Plans, as prepared by DGA planning | architecture | interiors dated January 5, 2024; the Proposed Transportation Demand Management Plan, as prepared by Fehr & Peers, dated January 2024; the 439 Eccles Avenue Project Environmental Checklist, including all appendices thereto, prepared by Lamphier-Gregory, Inc. dated January 2024; all site plans; all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed February 15, 2024 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:
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 439 Eccles Avenue 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 §15162 and §15183, has considered the 439 Eccles Avenue 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 439 Eccles Avenue Project Environmental Checklist and the entirety of the record before it, the Planning Commission, exercising its independent judgement, finds that the proposed Project is consistent with the development density established by existing general plan and zoning for which the 2040 General Plan EIR was certified, and therefore, the Project does not require additional environmental review pursuant to CEQA Guidelines §15183, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the Project or the Project Site.
3. The Planning Commission, exercising its independent judgement, finds that, based on substantial evidence in the record including as demonstrated by the 439 Eccles Avenue Environmental Checklist, the Project will not create any new significant impacts or substantially more severe impacts as compared to those already identified and analyzed in the 2040 General Plan EIR; that there is no new information of substantial importance that demonstrates new or substantially more severe significant effects, as compared to those identified by the 2040 General Plan EIR; and that implementation of mitigation measures and/or development policies and standards contained within the 2040 General Plan EIR would reduce Project impacts to less than significant levels.
4. Accordingly, the Planning Commission finds that per CEQA Guidelines §15162 and §15183, the Project does not require any further environmental review, and that the 439 Eccles Avenue Project Environmental Checklist, prepared pursuant to CEQA Guidelines §15183, is the appropriate environmental document for approval of 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 a determination that per CEQA Guidelines Sections 15162 and 15183, the 439 Eccles Avenue 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 the Project Site. Thus, no other environmental review would be required.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption.
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