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Resolution adopting the Sustainable Communities Environmental Assessment consistent with the 2040 Plan Bay Area Environmental Impact Report in accordance with Section 21155.2 of the California Public Resources Code
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WHEREAS, the applicant has proposed construction of two seven-story multi-family residential buildings, consisting of 480 units, and 560 parking spaces (“Project”) located at 124 Airport Boulevard (APN 015-113-180 and approximately 2.56 acres) and 100 Produce Avenue (APN 015-113-380 and approximately 1.56 acres), collectively referred to as “Project Site” in the City; and
WHEREAS, the applicant seeks adoption of an ordinance amending the Zoning Map (RZ18-0003) to rezone two parcels as a Planned Development and adoption of a resolution approving a General Plan Amendment (GPA18-0004), Downtown Station Area Specific Plan Amendment (SP21-0003), Transportation Demand Management Plan (TDM21-0008), Design Review (DR18-0038), and Affordable Housing Agreement proposal for the Project; 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 Association of Bay Area Governments (“ABAG”) adopted a regional transportation plan/sustainable communities strategy entitled Plan Bay Area One and associated Environmental Impact Report (“Plan Bay Area EIR”) on July 26, 2017; and
WHEREAS, the Project Site and immediate area of the Project Site was assumed as part of the study area and analyzed as part of the cumulative conditions in the Plan Bay Area EIR; and
WHEREAS, Section 21155 et seq. of the California Public Resources Code provides that “transit priority projects” that are consistent with the general use designation, density, building intensity, and applicable policies specified for the applicable project area in either a “sustainable communities strategy” or an “alternative planning strategy” may utilize streamlined environmental review procedures; and
WHEREAS, the Project meets the criteria for eligible transit priority projects pursuant to Section 21155(a) of the Public Resources Code because the Project Site is located within a designated Transit Priority Area that is part of the land use growth footprint for Plan Bay Area One and is therefore, consistent with the land use and development assumptions within the Plan; and
WHEREAS, the Project meets the criteria for an eligible transit priority project pursuant to Section 21155(b) of the Public Resources Code because the Project (1) contains 100 percent residential uses, (2) provides a net density of 116.5 dwelling units per acre (480 total unit/4.12 total acres), and (3) is located within one-half (0.5) mile of both the existing and the proposed new South San Francisco Caltrain Station, which is a major transit stop; and
WHEREAS, the City has determined that the Project complies with the requirements for use of a Sustainable Communities Environmental Assessment (“SCEA”) pursuant to California Public Resources Code Section 21155.2(b) because:
i. The Project is consistent with the density, building intensity, and applicable policies specified for the project area in the Plan Bay Area prepared by the Metropolitan Transportation Commission and Association of Bay Area Governments (MTC/ABAG);
ii. The Project qualifies as a transit priority project pursuant to Public Resources Code Section 21155(b);
iii. The Project is a residential or mixed-use project as defined by Public Resources Code Section 21159.28(d);
iv. The Project incorporates all relevant and feasible mitigation measures, performance standards, and/or criteria set forth in both the Plan Bay Area EIR and the South San Francisco General Plan EIR, and changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid any potentially significant and/or significant effects on the environment;
v. All potentially significant or significant effects required to be identified and analyzed pursuant to CEQA have been identified and analyzed in an initial study; and
vi. The Project, as mitigated, either avoids or mitigates to a level of insignificance all potentially significant or significant effects of the Project required to be analyzed pursuant to CEQA; and
WHEREAS, on behalf of the City, Raney Planning & Management, Inc., prepared a Sustainable Communities Environmental Assessment Initial Study (“SCEA-IS”) pursuant to California Public Resources Code Section 21155.2(b) analyzing the potential environmental effects of the Project, which was submitted to the State Clearinghouse (SCH No. 2021070044) and the San Mateo County Clerk and was circulated for a 30-day public review period, beginning on July 1, 2021, and ending on August 2, 2021; and
WHEREAS, the City received no comments on the SCEA-IS during the applicable comment period; and
WHEREAS, the SCEA-IS concluded that, although the Project could have a potentially significant effect on the environment, there will not be a significant effect in this case because the SCEA-IS identifies measures that have already been implemented or will be incorporated into the Project, which will either avoid or mitigate to a level of insignificance all potentially significant or significant effects of the Project; and
WHEREAS, on November 4, 2021, 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 recommended approval of the SCEA-IS; and
WHEREAS, on December 8, 2021, the City Council 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.
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 Downtown Station Area Specific Plan and the Downtown Station Area Specific Plan EIR; the South San Francisco Municipal Code; the Project applications; the Project Plans, as prepared by TCA Architects, dated December 1, 2020; the Sustainable Communities Environmental Assessment, as prepared by Raney Planning & Management, Inc., dated June 2021; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed November 4, 2021 meeting; all site plans, and all reports, minutes, and public testimony submitted as part of the City Council’s duly noticed December 8, 2021 meeting and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of South San Francisco, based on substantial evidence in the record, hereby finds as follows:
SECTION 1 FINDINGS
General
1. The foregoing recitals are true and correct and made a part of this Resolution.
2. Exhibit A attached to this Resolution, the Sustainable Communities Environmental Assessment and all appendices prepared by Raney Planning & Management, Inc., dated June 2021, and Exhibit B, the Mitigation Monitoring and Reporting Program, are 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, Tony Rozzi.
CEQA Findings
As confirmed by the analysis in the SCEA-IS:
1. Pursuant to Section 21155(a) of the California Public Resources Code, the Project meets the criteria for eligible transit priority projects because the Project Site is located within a designated Transit Priority Area that is part of the land use growth footprint for Plan Bay Area One and is therefore, consistent with the land use and development assumptions within the Plan.
2. Pursuant to Section 21155(b) of the California Public Resources Code, the Project meets the criteria for an eligible transit priority because the Project (1) contains 100 percent residential uses, (2) provides a net density of 116.5 dwelling units per acre (480 total unit/4.12 total acres), and (3) is located within one-half (0.5) mile of both the existing and the proposed new South San Francisco Caltrain Station, which is a major transit stop.
3. Pursuant to Section 21081 of the California Public Resources Code, changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid any potentially significant and/or significant effects on the environment.
4. Pursuant to Section 21155.2(a) of the California Public Resources Code, the Project incorporates all relevant and feasible mitigation measures, performance standards, and/or criteria set forth in both the Plan Bay Area EIR and the South San Francisco General Plan EIR, and changes or alterations have been required in, or incorporated into, the Project which mitigate or avoid any potentially significant and/or significant effects on the environment.
5. Pursuant to Section 21155.2(b) of the California Public Resources Code:
A. All potentially significant or significant effects required to be identified in the SCEA-IS have been identified and analyzed.
B. With respect to each significant effect on the environment required to be identified in the SCEA-IS, changes or alterations have been required in or incorporated into the Project that avoid or mitigate the significant effects to a level of insignificance.
4. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, including but not limited to, the Sustainable Communities Environmental Assessment Initial Study, as prepared by Raney Planning & Management, Inc., dated June 2021 attached hereto as Exhibit A, and the Mitigation Monitoring and Reporting Program, as prepared by Raney Planning & Management, Inc., dated August 2021, the City Council, exercising its independent judgment and analysis, finds that the Project satisfies the criteria for eligible transit priority projects pursuant to Section 21155 of the Public Resources Code, the Project satisfies the criteria for environmental review pursuant to a sustainable communities environmental assessment pursuant to Section 21155.2(a) and (b) of the Public Resources Code, and the SCEA-IS satisfies the criteria for approval pursuant to Section 21155.2(b)(5) of the Public Resources Code. These findings are supported by the fact that, the analysis in the SCEA-IS determined that although the Project could have a potentially significant effect on the environment, there will not be a significant effect in this case, because the SCEA-IS identifies measures that either avoid or mitigate to a level of insignificance all potentially significant or significant effects of the Project.
SECTION 2 DETERMINATION
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby makes the findings contained in this Resolution, and adopts the Sustainable Communities Environmental Assessment (EIR18-0005), consistent with the 2040 Plan Bay Area Environmental Impact Report, in accordance with Section 21155.2 of the California Public Resources Code as the environmental document for the Project and conclude that no further environmental review is required.
BE IT FURTHER RESOLVED that the resolution shall become effective immediately upon its passage and adoption.
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