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HomeMy WebLinkAboutOrd. 1461-2012ORDINANCE NO. 1461-2012 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT WITH HCP FORBES, LLC FOR A RESEARCH AND DEVELOPMENT AND OFFICE DEVELOPMENT AT 494 FORBES BOULEVARD WHEREAS, HCP Forbes, LLC ("Owner") and HCP, Inc. (formerly Slough Estates USA, Inc.) ("Applicant") have proposed to construct two new office/research and development buildings, one four stories and one five stories, totaling 326,020 square feet, a three-level parking structure, and surface parking areas ("Project") on a 7.48 acre vacant site, located at 494 Forbes Boulevard ("Project Site") in the City of South San Francisco ("City"); and WHEREAS, Applicant seeks approval of a Use Permit, Development Agreement, 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 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 Environmental Impact Report ("EIR"), and by separate resolution, made findings and certified the EIR, 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; and, WHEREAS, the City Council reviewed and considered, and by separate resolution, made findings and approved the Use 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 EIR and the proposed entitlements and take public testimony, at the conclusion of which the Planning Commission recommended that the City Council certify the EIR and approve the Project and Development Agreement; and, WHEREAS, the City Council held a duly notice public hearing on November 14, 2012, to consider the EIR, the Use Permit, Development Agreement, 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 EIR prepared for the Project; all reports, minutes, and public testimony submitted as part of the Design Review Board meeting held on July 20, 2010; 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 documents 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 Development Agreement for the Project is consistent with the objectives, policies, general land uses and programs specified in the General Plan, as amended and adopted. 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. 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 proposed Project is consistent with the City's General Plan. The project site is designated Business and Technology Park and zoned Business Technology Park ("BTP"). This designation and zoning district accommodate R&D uses, subject to certain development and FAR restrictions. The proposed Project complies with development restrictions and proposes a FAR of 1.0, which conforms to the maximum allowable FAR in the Business and Technology Park General Plan designation with a TDM. 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 Record. 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 (P06- 0025), EIR (EIR06-0001), Use Permit (UP06-0009), Transportation Demand Management Plan (TDM06-0001), Design Review (DR06-0021), and Development Agreement (DA12-0002). 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 pen-nitted 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 HCP Forbes, LLC, attached hereto as Exhibit A and incorporated herein by reference. B. The City Council further 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"' day of November, 2012. Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council held the 121' day of December, 2012 by the following vote: AYES: Councilmembers Mark Addiego, and Richard A. Garbarino, . ...... .. .. .. ... Mayor Pro Tern Kg al Matsumoto and Mayor Pedro Gonzalez NOES: None ABSTAIN: None ABSENT: None ty As Mayor of the City of South San Francisco, I do hereby` approve -4he foregoing Ordinance this 12 Ih day of December, 2012. Pedro GonzalejMayi Exhibit A Development Agreement 1996384.1