HomeMy WebLinkAboutReso - CC - 032-2021DocuSign Envelope ID: 266FAC96-D427-4D86-B98F-57A28A7BC888
RESOLUTION NO. 032-2021
ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
RECOMMENDING CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT
(FEIR) AND MAKING A STATEMENT OF OVERRIDING CONSIDERATIONS FOR A NEW
SIX -STORY, 120-UNIT CONDOMINIUM BUILDING AT 1868-1870 OGDEN DRIVE
(ASSESSOR PARCEL NO: 025-121-190)
THE CITY COUNCIL OF THE CITY OF BURLINGAME finds as follows:
A. BACKGROUND
WHEREAS, an Environmental Impact Report has been prepared and application has been
made for Design Review, Conditional Use Permit, Condominium Permit and Tentative
Condominium Map for a new 120-unit Condominium Building at 1868-1870 Ogden Drive, zoned
NBMU, Green Banker LLC, property owner, APN: 025-121-190;
WHEREAS, on July 10, 2020, a Notice of Preparation of an Environmental Impact Report
(EIR) was submitted to the California Office of Planning and Research (OPR), and OPR notified
State agencies of the preparation of the preparation of the EIR and directed that they make
comments on the proposed project, in addition, the City of Burlingame sent the Notice of
Preparation to local agencies requesting comment; and
WHEREAS, the City retained ICF, an independent CEQA consultant to prepare an EIR;
and
WHEREAS, on November 23, 2020, following staff review and comment on the
Administrative Draft of the EIR, the City duly noticed the availability and completion of the Draft
EIR (DEIR) and the public comment period on the DEIR; and
WHEREAS, a public comment period of forty-nine (49) days was opened from November
23, 2020 to January 11, 2021, during which all written public comments were welcomed; and
WHEREAS, during the public comment period, the City of Burlingame's Planning
Commission held a public hearing on December 14, 2020, to receive any oral or written comments
that the public might wish to offer on the DEIR; and
WHEREAS, in response to the comments received during the comment period, the CEQA
consultant prepared responses to each of the comments made in the form of a Response to
Comments document; and
WHEREAS, on February 12, 2021, the Response to Comments Document was made
available to the public; and
WHEREAS, the Final EIR (FEIR), consisting of the Draft EIR and Responses to
Comments Document, clearly presents the issues involved in the development of this property
and identifies appropriate alternatives as required by the California Environmental Quality Act
(CEQA) and the CEQA Guidelines (Title 14, Chapter 13 of the California Code of Regulations);
and
DocuSign Envelope ID: 266FAC96-D427-4D86-B98F-57A28A7BC888
RESOLUTION NO. 032-2021
WHEREAS, the FEIR identifies and analyzes the one significant and unavoidable adverse
environmental impact that would occur from development of the Project, as outlined in Exhibits A
and B to this Resolution; and
WHEREAS, the FEIR provides the City Council, the Planning Commission, the City and
the public with sufficient and thorough information regarding the potential significant
environmental impacts of the Project; and
WHEREAS, the FEIR has been prepared and considered in conformance with CEQA and
the CEQA Guidelines, with independent preparation by a City -retained CEQA consultant and
application of the independent comment and judgment of both City staff and this Commission;
and
WHEREAS, the mitigation measures required by the FEIR have been incorporated into
the conditions of approval for the project as outlined in separate resolution for the project
entitlements; and
WHEREAS, on February 22, 2021, the Planning Commission conducted a duly noticed
public hearing on the FEIR and on the project, at which time it reviewed and considered the staff
report and all other written materials and testimony presented at said hearing and found that the
FEIR is complete pursuant to CEQA Guidelines section 15090 and recommended that the City
Council certify the FEIR.
B. CERTIFICATION OF THE FINAL EIR
WHEREAS, the Final EIR (FEIR) outlines the proposed Project, presents the issues
involved in the development of this property, analyzes all potentially significant environmental
impacts, and identifies appropriate mitigation measures and alternatives as required by the
California Environmental Quality Act (CEQA) and the CEQA Guidelines (Title 14, Chapter 13 of
the California Code of Regulations); and
WHEREAS, the FEIR provides sufficient disclosure of the issues involved as required by
CEQA; and
WHEREAS, the public participation in the development of this Final EIR has provided
valuable information and analysis, as well as important changes and alterations to the original
project; and
WHEREAS, the FEIR addresses the significant potential environmental effects of the
project in the areas of: (1) Air Quality, (2) Biological Resources, (3) Archeological/Tribal Cultural
Resources, (4) Geology/Soils (paleontological resources), (5) Noise, and (6) Transportation; a
summary of the potential environmental impacts and mitigation measures is outlined in Exhibit A
to this resolution; and
WHEREAS, the FEIR identifies and analyzes one significant and unavoidable adverse
environmental impact related to historical resources, that would occur from development of the
Project; this significant and unavoidable adverse impact and findings regarding this impact are
outlined in Exhibit B to this resolution; and
WHEREAS, Exhibit B also outlines findings regarding the feasibility of the identified
alternatives to the Project that could mitigate the potential significant and unavoidable impact; and
IPA
DocuSign Envelope ID: 266FAC96-D427-4D86-B98F-57A28A7BC888
RESOLUTION NO. 032-2021
WHEREAS, the proposed Project will provide much needed housing, with 120 new
condominium units in the north end of town, near transit and amenities; consistent with the
densities and development pattern anticipated in the Housing Element and General Plan, which
will benefit the community so it is appropriate to override for the specific reasons noted in the
Statement of Overriding Considerations contained in Exhibit C; and
WHEREAS, the FEIR provides the City Council, Planning Commission, the City and the
public with sufficient and thorough information regarding the potential significant environmental
impacts of the project; and
WHEREAS, the FEIR has been prepared and considered in conformance with CEQA
and the CEQA Guidelines, with independent preparation by a City -retained CEQA consultant
and application of the independent comment and judgment of both City staff, Planning
Commission and City Council; and
WHEREAS, the mitigation measures required by the FEIR as described in the attached
Exhibit A, have been incorporated into the conditions of approval for the project as outlined in the
separate resolution for approval of the project entitlements.
C. STATEMENT OF OVERRIDING CONSIDERATIONS
WHEREAS, the City Council has considered the one significant and unavoidable
environmental impact identified by the Final Environmental Impact Report (FEIR) and the
mitigation measures proposed by both the City and the applicant; and
WHEREAS, the Project will include the installation of a historical marker within the public
plaza along Ogden Drive that will provide documentation and interpretation regarding the
historical significance of the building at 1868-1870 Ogden Drive and the events that took place
on -site. Mitigation Measures CR-1 and CR-2 require the applicant to create a collection of
materials that would document the physical characteristics of the building and its historic context,
which would be provided to publicly accessible repositories. However, by demolishing the existing
building that is a historical resource for the purposes of CEQA because it is considered a historic
resources under CRHR (California Public Resources Code) Criterion 1 (Event), the impact must
be considered significant and unavoidable; and
WHEREAS, the findings regarding the significant, unavoidable effect and the feasibility of
the project alternatives identified in the final EIR are outlined in Exhibit B and detail and summarize
the analysis of those effects and their possible mitigation; and
WHEREAS, the Statement of Overriding Considerations contained in Exhibit C hereto
weighs the benefits of the proposed development against the unavoidable environmental impact
as defined in CEQA; and
WHEREAS, the City Council has determined that there are overriding considerations and
benefits pursuant to the CEQA Guidelines sections 15092 and 15093 with regard to the
unavoidable, significant adverse environmental impact as identified in Exhibit C.
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DocuSign Envelope ID: 266FAC96-D427-4D86-B98F-57A28A7BC888
RESOLUTION NO. 032-2021
NOW, THEREFORE, BE IT RESOLVED, that the City Council determines and orders as
follows:
1. The City Council has reviewed and considered the documents constituting the Final
Environmental Impact Report (FEIR) and considered all testimony regarding the FEIR at
the public hearings. The City Council finds that the FEIR has been completed in
compliance with the California Environmental Quality Act (CEQA), and the FEIR is the
independent judgment and analysis of the City. The FEIR contains additions, clarifications,
modifications and other information in its Responses to Comments on the Draft EIR, and
such additions, clarifications, modifications and other information are not significant new
information as that term is defined under CEQA. Changes or alterations have been
required in, or incorporated into the Project that mitigate, avoid or substantially lessen the
significant effects identified in the EIR, as described in the mitigation measures
incorporated as project conditions in a separate entitlement resolution, except for the
identified significant and unavoidable impact described in Exhibits B and C. On the basis
of the FEIR documents and comments received and addressed by the Planning
Commission and City Council, it is hereby found that the Final Environmental Impact
Report is complete pursuant to CEQA Guidelines section 15090 City Council herby
certifies the FEIR for the 120-unit condominium project at 1868-1870 Ogden Drive.
O'Brien KeigPbn, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing
resolution was adopted at a regular meeting of the City Council held on the 151 day of March,
2021 by the following vote:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, O'BRIEN KEIGHRAN, ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
CDocuSigned by:
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Meaghan Hassel -Shearer, City Clerk
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