HomeMy WebLinkAboutOrd. 1460-2012ORDINANCE NO. 1460-2012
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN ORDINANCE ADOPTING A DEVELOPMENT
AGREEMENT WITH BAYSIDE AREA DEVELOPMENT, LLC
FOR A RESEARCH AND DEVELOPMENT AND OFFICE
PROJECT AT 328 ROEBLING ROAD
WHEREAS, Bayside Area Development, LLC ("Owner" or "Applicant") has proposed to
demolish existing buildings on the Project Site totaling 79,504 square feet, and construct two
new 2-story office/R&D buildings totaling 105,536 square feet, with a combination of at-grade
and subterranean parking at a ratio of 2.7 spaces per 1,000 square feet ("Project") on an
approximately 2.97 acre site, located at 328 Roebling Road ("Project Site") in. the City of South
San Francisco ("City"); and,
WHEREAS, Applicant seeks approval of a Use Permit, Parcel Map, Development
Agreement, Master Sign Permit, Preliminary Transportation Demand Management ("TDM")
Plan, and Design Review; and,
WHEREAS, the Applicant has requested approval of a Development Agreement which
would clarify and obligate several project features and mitigation measures, including payment
of existing fees (such as the Oyster Point Overpass Fee, East of 101 Traffic Impact Fee,
Stormwater Fee, Sewer Impact Fee, and Childcare Impact Fee), payment of certain fees the City
has traditionally included in its development agreements (such as a Rails-to-Trails Improvement
or Payment and Transit Station Enhancement Fee), and certain future fees (including a Park-in-
Lieu Fee and Public Safety Impact Fee); 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 City Council reviewed and carefully considered the information in the
Initial Study/Mitigated Negative Declaration ("IS/MND") prepared for the Project, and by
separate resolution, adopted the IS/MND, as an objective and accurate document that reflects the
independent judgment and analysis of the City in the discussion of the Project's environmental
impacts; mid,
WHEREAS, the City Council reviewed and considered, and by separate resolution, made
findings and approved the Use Permit, Parcel Map, Master Sign Permit, Preliminary TDM Plan,
and Design Review for the Project; and,
WHEREAS, the Planning Commission held a duly noticed public hearing on October 4,
2012, to solicit public comment and consider the IS/MND and the proposed entitlements and
take public testimony, at the conclusion of which the Planning Commission recommended that
the City Council adopt the IS/MND and approve the Project and Development Agreement; and,
WHEREAS, the City Council held a duly noticed public hearing on November 14, 2012,
to consider the IS/MND, the Use Permit, Parcel Map, Development Agreement, Master Sign
Pen-nit, Preliminary TDM Plan, and Design Review and take public testimony.
NOW, THEREFORE, the City Council of the City of South San Francisco does hereby
ordain as follows:
SECTION 1. Findings.
That based on the entirety of the record before it, which includes without limitation,
CEQA and the CEQA Guidelines, 14 California Code of Regulations § 15000, et seq.; the South
San Francisco 1999 General Plan and General Plan Environmental Impact Report, including the
2001 updates to the General Plan and 2001 Supplemental Environmental Impact Report; the
South San Francisco Municipal Code; the Initial Study and Mitigated Negative Declaration
prepared for the Project; all reports, minutes, and public testimony submitted as part of the
Design Review Board meeting held on December 15, 2009; all reports, minutes, and public
testimony submitted as part of the Planning Commission's meeting held on October 4, 2012; all
reports, minutes, and public testimony submitted as part of the City Council's duly noticed
public hearing on November 14, 2012; 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
hereby finds as follows:
A. The foregoing Recitals are true and correct and made a part of this Ordinance,
B. The proposed Development Agreement (attached as Exhibit A), is incorporated
by reference and made a part of this Ordinance, as if set forth fully herein.
C. The docurnents 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 Chief Planner, Susy Kalkin.
D. The proposed Project, including the Use Permit, Parcel Map, Development
Agreement, Master Sign Pen-nit, Preliminary TDM Plan, and Design Review, are consistent and
compatible with all elements in the City of South San Francisco General Plan. The General Plan
includes policies and programs that are designed to encourage the development of research and
development and office uses in the East of 101 Area. Further, the land uses, development
standards, densities and intensities, buildings and structures proposed are compatible with the
goals, policies, and land use designations established in the General Plan (see Gov't Code,
§ 65860), and none of the land uses, development standards, densities and intensities, buildings
and structures will operate to conflict with or impede achievement of the any of the goals,
policies, or land use designations established in the General Plan.
Specifically, the project site is designated Business and Technology Park and zoned Business
Technology Park ( "B 1"P "). This designation and zoning district accommodates R&D uses,
subject to certain development and FAR restrictions. The proposed Project complies with
development restrictions and proposes a FAR of 0.81, which conforms to the maximum
allowable FAR in the Business and Technology Park General Plan designation with an
acceptable TDM plan and meeting high design standards.
E. The City Council has independently reviewed the proposed Development
Agreement, the General Plan, the South San Francisco Municipal Code, and applicable state and
federal law, including Government Code section 65864, et seq., and has determined that the
proposed Development Agreement complies with all applicable zoning, subdivision, and
building regulations and with the General Plan. This finding is based upon all evidence in the
Record as a whole, including, but not limited to: the City Council's independent review of these
documents, oral and written evidence submitted at the public hearings on the Project, including
advice and recommendations from City staff,
F. The proposed Development Agreement for the Project states its specific duration.
This finding is based upon all evidence in the Record as a whole, including, but not limited to:
the City Council's independent review of the proposed Development Agreement and its
determination that Section 2 of the Development Agreement states that the Development
Agreement shall expire ten (10) years from the effective date of this Ordinance.
G. The proposed Development Agreement incorporates the permitted uses, density
and intensity of use for the property subject thereto, as reflected in the proposed Project (P07-
0012), IS/MND (ND07-0002), Parcel Map (PM 12-00 1), Use Permit (UP07-001 1), Master Sign
Permit (SIGNS09-0034), TDM Plan (TDM07-0004), Design Review (DR07-0050), and
Development Agreement (DA12-0001). This finding is based upon all evidence in the Record as
a whole, including, but not limited to, the City Council's independent review of the proposed
Development Agreement and its determination that Section 3 of the Development Agreement
sets forth the Project Approvals, development standards, and the documents constituting the
Project.
H. The proposed Development Agreement states the maximum permitted height and
size of proposed buildings on the property subject thereto. This finding is based upon all
evidence in the Record as a whole, including, but not limited to, the City Council's independent
review of the proposed Development Agreement and its determination that Section 3 of the
Agreement sets forth the documents which state the maximum permitted height and size of
buildings.
1. The proposed Development Agreement states specific provisions for reservation
or dedication of land for public purposes. This finding is based on all evidence in the Record as a
whole, including, but not limited to the City Council's independent review of the Development
Agreement and its determination that Section 13(b) addresses the possibility of land dedication
as part of the Rails-to-Trails program.
SECTION 2. Approval of Development Agreement.
A. The City Council of the City of South San Francisco hereby approves the
proposed Development Agreement with Bayside Area Development, LLC, attached hereto as
Exhibit A and incorporated herein by reference.
B. The City Council farther authorizes the City Manager to execute the Development
Agreement, on behalf of the City, in substantially the form attached as Exhibit A, and to make
revisions to such Agreement, subject to the approval of the City Attorney, which do not
materially or substantially increase the City's obligations thereunder.
SECTION 3. Severability.
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the
application of such part or provision to other persons or circumstances shall not be affected
thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are
severable. The City Council of the City of South San Francisco hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 4. Publication and Effective Date.
Pursuant to the provisions of Government Code Section 36933, a summary of this
Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council
meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the
Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within
fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the
summary, and (2) post in the City Clerk's Office a certified copy of the full text of this
Ordinance along with the names of those City Council members voting for and against this
Ordinance or otherwise voting, This Ordinance shall become effective thirty (30) days from and
after its adoption.
Introduced at a regular meeting of the City Council of the City of South San Francisco,
held the 14'h day of November, 2012,
Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City
Council held the 12'11 day of December, 2012 by the following vote:
AYES: Councilmembers Mark Addiego, and Richard A. Garbarino,
Mayor Pro Tom Karyl Matsumoto and Mjjyor Pedro Gonzalez
NOES: None
ABSTAIN: None
ABSENT: None
ATT
city Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
Ordinance this 12"' day of December, 2012.
Je
Pedro 'Gonza�,d�, Ma�4
Exhibit A
Development Agreement
20005511