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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. 3 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: /�Sta�ia.. )4ASel.S4ta Meaghan Hassel -Shearer, City Clerk al