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
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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.
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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
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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.
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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
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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
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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
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'1200-13ilo OLD BAYSHORE lrwy-
AYES: .o**oro,ro*ffffiI.'@
PFAFE SCHX|D, SHoRESNOES: NONE
AEISENT: fSE
RECUSED: NONE
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