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HomeMy WebLinkAboutReso - PC - 2024-03.11 - 9B-FEIRDocuSign Envelope lD tsl FAEADC-41 18-4815-9559.42-40F 1C846FD RECORDING REOUESTED BY Planning Department City of Burlingame WHEN RECORDED I\,{AIL TO COI\.4MUNIry DEVELOPM ENT DEPARTI\,1ENT CITY OF BURLINGAI\,IE 501 PRIMROSE ROAD BURLINGAME. CA 94010 2024-025406 3:O4 pmO5l14lm24R1 Fee: NO FEE Count of Pages 5 Recorded in Off icial Rscods County of San Mats Mark Church Assossor-County Clerk-Record€r illlliillillil illlllllilL il1lll lllifflliiiill lli lll*$R0003464854$* TITLE OF DOCUMENT I hereby cert fy th s to be a fu l. true and conect copy ol the document it purporls to be, the original of which is on file in my office. lllarch 22 2424 Ww Aarkwr b CITY a BLERL{ffi#,e,TdE ATEO IJUNE Resolution No. 2024-03.1 1-98-FEIR 1200-1340 OLD BAYSHORE HIGHWAY APNs 026- 1 1 3-47 0, 026- 1 1 3-480, 026-1 42-220, 026- 1 42-1 60, 026-1 42-1 7 0, 026 -1 1 3-330, 026- 1 1 3-450, 026 -1 42-1 00, 026-142-200 , 026-142-240 , 026-142-020 , 026-142-030 , & 026-142-180 Date Kevin Gardiner AICP Community Development Director RESOLUTION RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF THE FINAL ENVTRONMENTAL TMPACT REPORT (FE|R) FOR AN AppLtCATtON FOR COMMERCTAL DESIGN REVIEW, SPECIAL PERMITS FOR HEIGHT AND DEVELOPMENT UNDER TIER 3/COMMUNITY BENEFITS, VESTING TENTATIVE MAP, AND DEVELOPMENT AGREEMENT FOR A NEW DEVELOPMENT PROJECT CONSISTING OF THREE, 1I- STORY OFFICE/RESEARCH AND DEVELOPMENT BUILDINGS AND TWO, 1O.IO.s.STORY PARKING STRUCTURES AT 12OO-I340 OLD BAYSHORE HIGHWAY, BURLINGAME AND RECOMMENDING ADOPTION OF A WATER SUPPLY ASSESSMENT PREPARED FOR THE PROJECT RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, in accordance with the Califomia Environmental Quality Act (CEQA; Public Resources Code section 21000 et seq.) and the CEQA Guidelines (Title 14, sections '15000 et seq. of the California Code of Regulations), the City determined lhat an Environmental lmpact Report (the EIR) would be required for an application for Commercial Design Review, Special Permits for Building Heights and Development under Tier 3/Community Benefits, Vesting Tentative Map, and Development Agreement for a new ofiice/research & development project consisting of three, 11-story office/research & development buildings and two, 10-1o,s-story parking structures at 1200-1340 Old Bayshore Highway (the Project), on a site zoned BFC and owned by DW Budingame lOwner, LLC; DW Buriingame ll Owner, LLC; DW Budingame llOwner A, LLC; DW Burlingame ll Owner B, LLC; and DW Burlingame lll Owner, LLC (APNs:026-113- 470; 026-113480,026-142-220;026-142-160;026-142-170,02G1'13-330; 026-113-450; 026- 142-110,026-142-200; 02e-142-240;026-142-020;026-142-030,026-142 180); and WHEREAS, on August 12, 2022, the City issued a Notice of Preparation (NOP) for the EIR in compliance with CEQA Guidelines Section 15082 for a 30-day review period concluding on September 12,2023; the City received 20 comments from agencies and interested parties which were considered during preparation of a Dran Environmental lmpact Report for the Project (DEIR; SCH #2022080299); and WHEREAS, the City retained Environmental Science Associates (ESA), an independent environmental consultant to prepare the DEIR; and WHEREAS, on September 20, 2023, the City released the DEIR for a 49{ay public review and comment period in accordance with (and in excess of) the requirements of CEQA and the CEQA Guidelines; and WHEREAS, during the public comment period, this Planning Commission held a public heanng on Oclober 23, 2023, to recerve any oral or written comments that the public might wish to offer on the DEIR: and WHEREAS, following the public comment period, the City prepared a Final Environmental lmpact Report (the FEIR) which incorporates the DEIR by reference, includes all comments received during the public review period and responses to those comments, describes changes to the DEIR that resulted from the comments received, and includes a Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, on March 1,2024 he FEIR was published and all persons who commented on the DEIR were notmed of the availability of the Final ElR, which clearly presents and analfzes the potential environmental impacts associated with the Project and identifles appropriate alternatives as required by CEOA and the CEQA Guidelines; and 1 WHEREAS, the FEIR identified no significant and unavoidable adverse environmental impacls that would occur from development of the Project as mitigation measures would reduce all potential environmenta impacts to a less-than-significant levels, and WHEREAS, the FEIR concluded thal the Project would result in less{han-significant environmental impacts or no impacts in the areas of: (1)Aesthetics, (2) Agriculture and Forestry Resources, (3) Energy, (4) Geology and Soils, (5) Land Use and Planning, (6) Mineral Resources, (7) Noise and Vibration, (8) Population and Housing, (9) Public Services and Recreation, (10) Transportation, and (1 1) Wildfire; and WHEREAS, the FEIR concluded that the potentially significant environmental effects of the proiect in the areas of (1) Air Quality, (2) Biological Resources, (3) Cultural Resources, (4) Greenhouse Gas Emissions, (5) Hazards, (6) Hydrology, (7) Utilities and Service Systems could all be mitigated to less-than-signifrcant levels, and WHEREAS, the FEIR provides this 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+etained environmental consultant and application of the independent comment and.ludgment of both City staff and this Commission; and WHEREAS, the mitigation measures required by the FEIR have been inmrporated into the conditions of approval for the project as desqibed in the attached Exhibit A: and WHEREAS, Califomia Water Code Sections 10910 through '109'15, based on Senate Bill 610 of 2001, requires the preparation of a Water Supply Assessment for any developmenl whose approval is subject to the California Environmental Quality Act and which meets the definition of a "project" as defined by Water Code seclion 10912(a); and WHEREAS, California Water Code Section 10912(a)(3) defines a project as "a proposed commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space, so the Pro]ect requires a Water Supply Assessment; and WHEREAS, the City of Burlingame has prepared a Water Supply Assessment in accordance with Califomia Water Code Section 10910(d); and WHEREAS, on March 11,2024, the Planning Commission conducted a duly noticed public hearing on the FEIR and on the Project, at which time at reviewed and considered the staff report and all other written materials and testimony presented at said hearing. 2 WHEREAS, CEQA section 2'1081 .6 requires the City to adopt a MMRP because mitigation is required and the MMRP for the Project has been made available to the public with the FEIR; and 1 2 NOW, THEREFORE BE lT RESOLVED by the Planning Commission for the City of Burlingame that: The above recitals are true and correct and are incorporated herein as findings. The Planning Commission, having independenlly heard, considered, and weighed all the evidence in the admrnistrative record, including but not limited to the staff reports; the Final Environmental lmpact R6port (FEIR) (including the Mitigation Monitoring and Reporting Program and all appendices), the CEQA Findings attached hereto as Exhibit B and incorporaled herein; and all other documents, reports, studies, memoranda, maps, oral and written testimony, and materials in the City's file for the Project: and all adopted City planning documents relating to the Project including the City's General Plan and Municipal Code and all other applicable City laws and regulations (collectively, the Record); finds that this Record serves as an adequate and appropriate evidentiary basis for the findings and actions set forth in this Resolution and is hereby incorporated by reference. The Planning Commission recommends that the City Council make and adopt, based on its independent judgment and analysis, the CEQA Findings as set forth in Exhibit B and further recommends adoption of the Mitigation Monitoring and Reporting Program as set forth in the FEIR. The Planning Commission recommends that lhe City Council certify the FEIR, which is on file in the Office of the City Clerk and incorporated by this reference, based on its independent judgment and analysis and on the CEOA Findings as well as the following: a. The City of Burlingame as the lead agency under CEQA for preparing the FEIR and is the entity with final decision-making authority with regard to approval of the Project. b. The FEIR has been completed in compliance with CEQA and the CEQA Guidelines and applicable provisions of the Burlingame Municipal Code. c. The FEIR has been reviewed and considered by the Planning Commission prior to the City Council's rendering of any decision regarding the approval of the Project. d. The FEIR reflects the City's independent judgment and has been found by the City to be adequate to support the City's approval of the Project. e. The information added in the FEIR and does not constitute new significant information requiring recirculation. f . Pursuant to Section 15091 of the CEQA Guidelines, the City's actions with respect to the Project are based upon the CEQA Findangs wtrich are supported by substantial evidence in the Record. g. Pursuant to Section 15091 of the CEQA Guidelines, any subsequent actions or approvals to implement the project shall be based upon and subject to the findings, conclusions, mitigation measures and statements set forth in the FEIR (including the MMRP) and the CEQA Findings. The Planning Commission recommends approval of the Water Supply Assessment attached hereto as an appendix to Exhibit A, which has been completed in compliance with Water Code Sections '1 09 10 through 1091 5, based on the following findings: a. The Water Supply Assessment concludes that because the proposed project was included in the City's 2020 UWMP and the City's 2022 water demand projections update, it will nol affect water supply reliability within the City's service area beyond what has been projected. Based on currently available information, the City expects to be able to meet all future demands within its service area inclusive of the proposed projecl in normal hydrologic years. The shortfalls that are currently projected during dry years will be addressed through implementation of the City's 2020 Water Shortage Contingency Plan. ln addition, as described in the Water Supply Assessment and the City's 2020 Urban Water Management Plan, the Bay Area Water Supply and ConseNation Agency and the San Francisco Public Utilities Commission are pursuing the development of additional water supplies to J 4 J improve the Regional Water System and locat supply reliability, which is anticipated to minimize potentlal impacts during multiple drought years conditions.b. The Project will implement - as required by the MMRP and Conditions of Approval for the Project - certain conservation and olher measures described in the Water Supply Assessment. This resolution shall go into efiect immediately upon adoption. Chair ,,tf4fi= C tkr Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 'l 1th dav of March 2024 by the following vote: ? Se cretary t, '1200-13ilo OLD BAYSHORE lrwy- AYES: .o**oro,ro*ffffiI.'@ PFAFE SCHX|D, SHoRESNOES: NONE AEISENT: fSE RECUSED: NONE 4 6.