HomeMy WebLinkAboutReso RDA 6-2001 RESOLUTION NO. 06-2001
REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO,
STATE OF CALIFORINA
A RESOLUTION APPROVING A FIRST AMENDMENT TO OWNER
PARTICIPATION AGREEMENT FOR BAY WEST COVE
PLANNING AREA lA (HINES DEVELOPMENT)
WHEREAS, the Redevelopment Agency and Hines Oyster Point, LLC (Hines),
previously entered into an Owner Participation Agreement as of November 21, 2000; and,
WHEREAS, the parties now propose to amend that Owner Participation Agreement by
entering into a First Amendment to Owner Participation Agreement; and,
WHEREAS, an Addendum to the Supplemental Environmental Impact Report has been
prepared in accordance with the California Environmental Quality Act (CEQA), the State CEQA
Guidelines and the City of South San Francisco Guidelines for the Implementation of CEQA;
and,
WHEREAS, the Redevelopment Agency has reviewed and considered the First
Amendment to Owner Participation Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the Redevelopment Agency hereby
approves the First Amendment to Owner Participation Agreement by and between the
Redevelopment Agency and Hines attached hereto as Exhibit 1.
BE IT FURTHER RESOLVED that the Executive Director of the Redevelopment
Agency is hereby authorized to execute the First Amendment to Owner Participation Agreement
on behalf of the Redevelopment Agency and to cause the First Amendment to Owner
Participation Agreement to be recorded in the official records of the County.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the Redevelopment Agency of South San Francisco at a regular meeting held on the 26th day of
September, 2001 by the following vote:
AYES: Boardmembers Pedro Gonzalez, Karyl Matsumoto and John R. Penna,
Vice-Chair Eugene R. Mullin
NOES: Chair Joseph A. Femekes
ABSTAIN: None.
ABSENT: None.
ATTEST: . t/~9',,'~ f)~2,
Clerk
F:'ffile cabinet\Current Reso's\9-12OPAAmendmentResolution.doc
Recording Requested By And
After Recording Please Return To: ....
City of South San Francisco Redevelopment Agency
400 Grand Avenue
South San Francisco, CA 94080
Attn: Executive Director
(Area Above This Line Reserved For Recorder's Use)
FIRST AMENDMENT TO OWNER PARTICIPATION AGREEMENT
by and between
CITY OF SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY
and
HINES OYSTER POINT, LLC
THIS FIRST AMENDMENT TO OWNER PARTICIPATION AGREEMENT
("Amendment") dated as of September 26, 2001, is entered into by and between, the CITY OF
SOUTH SAN FRANCISCO REDEVELOPMENT AGENCY, a public body, corporate and
politic ("Agency"), and HINES OYSTER POINT, LLC ("Participant"), a Delaware limited
liability company.
This Amendment is entered into with reference to the following facts.
. A. Agency and Participant have entered into that certain Owner Participation Agreement
dated November 21, 2000 ("Agreement") concerning development on the Property. The
Agreement was recorded in the official records of the County of San Mateo on April 20, 2001,"as
Document No. 2001-054835. Except as otherwise provided for herein, terms defined in the
Agreement are defined in the same way for purposes of and as used in this Amendment.
B. Since the time the parties entered into the Agreement, Participant has obtained
approval fi.om the Agency of a precise plan for a hotel and related improvements on the Hotel
Parcel and the development and construction of a hotel and related improvements on the Hotel
Parcel is now planned.
C. Participant is concurrently herewith proposing to amend the precise plan applicable to
the Office Parcel to allow for the development of three (3) research and development office
buildings and one (1) office building and related improvements thereon, as more fully described
herein, instead of three (3) office buildings and related improve~..n_ts as'had been planned as of
the time the parties entered into the Agreement.
D. The parties now wish to enter into this Amendment to amend the Agreement to reflect
the facts set .forth above, and to make other changes concerning the development of the Property
as have been agreed upon by the parties.
NOW, THEREFORE, the parties hereto agree that the Agreement shall be amended as
follows:
1. The text of Section 1.1 (e) of the Agreement is deleted and is replaced in its entirety
with the following:
"Conditions of Approval" means collectively those conditions of approval in connection
with the approval of the Specific Plan adopted by City by Resolution No. 145-2000 on
November 21, 2000, those conditions of approval in connection with the approval of the
Hotel Parcel Precise Plan adopted by Agency on March 28, 2001, and those conditions of
approval in connection with the approval of the Office Parcel Precise Plan adopted by
AgencY on September 26, 2001, and which are attached hereto as Exhibit A, Exhibit B,
and Exhibit O, respectively, and any conditions of approval in connection with any future
amendments to the Specific Plan, the Hotel Parcel Precise Plan, or the Office Parcel
Precise Plan.
2. The text of Section lA(i) of the Agreement is deleted and is replaced in its entirety
with the following:
Page 1
"Hotel Parcel Precise Plan" means the precise plan for the Hotel Parcel, identified as PP-
01-013, approved by Agency on March 28, 2001, attached hereto as Exhibit P, and as
such plan may thereafter be amended.
3. The text of Section 1.1(1) of the Agreement is deleted and is replaced in its entirety
with the following:
"Mitigation and Monitoring Program" means that mitigation and monitoring program in
the Bay West Cove Supplemental Environmental Impact Report ("SEIR"), as adopted by
City by Resolution No. 144-2000 and by Agency by Resolution No. 23-2000 on
November 21, 2000, and which is attached hereto as Exhibit D, and that supplement to
the mitigation and monitoring program in that Addendum ("Addendum") to the SEIR, as
adopted by Agency by Resolution No. 06-2001 on September 26, 2001, and which is
attached hereto as Exhibit O.
4. The text of Section 1.1em) of the Agreement is deleted and is replaced in its entirety
with the following:
"Office Parcel" means that portion of the Property as shown on the Site Map, and further
identified in the Specific Plan as "Planning Area 1 a," which property is intended for the
development of research and development and office buildings as more particularly
described herein. Such definition as used herein shall apply to such portion of the'
.... Property regardless of whether the Property is finally subdivided. ~ shown in the Site
Map, or subdivided in some other manner. ~-~
5. The text of Section 1.1 {o) of the 'Agreement is deleted and is replaced in its entirety
with the following:
"Office Parcel Precise Plan" means the precise plan for the Office Parcel, identified as PP
-00-060/Mod 1, approved by Agency on September 26, 2001, attached hereto as Exhibit
E, and as such plan may thereafter be amended.
6. The text of the second paragraph of Section 2.2 of the Agreement is deleted and is
replaced in its entirety with the following:
Generally, and without limiting the preceding paragraph, the Project includes the design,
development and construction of three (3) reseamh and development office buildings comprising
up to 390,000 square feet (made up of two (2) approximately 120,000 square foot buildings and
one (1) approximately 147,000 square foot building) and one (1) office building comprising
approximately 223,000 square feet on the Office Parcel; approximately 20,000 square feet of
retail/restaurant space on the Office Parcel; a full-service hotel with no more than 350 rooms on
the Hotel Parcel; a minimum 3,000 square foot restaurant with approximately 100 seats on the
Property (if on the Office Parcel, such use is included in the 20,000 square feet of
retail/restaurant); and related on-site parking facilities in parking structures and surface lots on
the Office Parcel and Hotel Parcel. The.,restaur.ant is located in the hotel on the Hotel Parcel.
7. The text of the third paragraph of Section 2.2 of the Agreement is deleted and is
replaced in its entirety with the following:
Page 2
The hotel on the Hotel Parcel shall be designed, developed and constructed to satisfy all
requirements necessary to meet a Four Diamond rating as established by the Diamond Rating
Guidelines published by the American Automobile Association in place as of the Effective Date
(a copy of the current edition is attached hereto as Exhibit J).
8. Section 2.3 of the Agreement is deleted in its entirety.
9. The text of the first paragraph of Section 2.4 of the Agreement is deleted and is
replaced in its entirety with the following:
Participant and its successors and assigns shall be responsible and promptly pay when
due all customary and reasonable fees and charges of Agency and City in connection with the
processing and consideration of the approval of precise plans for the Project, and any related
approvals and permits, and any subsequent approvals for the Project or the development of the
Property. Participant shall be required to obtain all permits and approvals and to comply with all
conditions of approval and mitigation and monitoring measures which may apply or be required
in connection with any subsequent approvals for the Project or development on the Property.
10. Section 2.5 of the Agreement is deleted in its entirety.
11. The text of the first paragraph of Section 2.7 of the Agreement is deleted and is
replaced in its entirety with the following:
City has established a development fee ("Oyster Point Ov~tmss F~es") by its Resolution
No. 71-84 approved by City on May 23, 1984, and as amended by Resolution No. 102-9.6
approved by City on June 26, 1996, and Resolution No.152-96 approved by City on October 9,
1996, attached hereto collectively as Exhibit K, which fee is calculated based on a contribution
formula as set forth therein. Participant, on behalf of itself and its successors and assigns,
acknowledges and agrees that Oyster Point Overpass Fees are payable with respect to the
development of the Improvements on the Property and that Participant and its successors and
assigns shall pay the Oyster Point Overpass Fees as provided herein. The amount of Oyster
Point Overpass Fees payable by Participant and its successors and assigns for the development of
the Improvements on the Property shall be determined based on the application of such formula
as of the time such Oyster Point Overpass Fees become due and payable. Agency and
Participant agree that the 20,000 square feet of retail/restaurant and the minimum of 3,000 square
foot restaurant referenced in Section 2.2 will be treated as "General Office Building" .for
purposes of calculating the Oyster Point Overpass Fees.
12. The text of the third paragraph of Section 2.7 of the Agreement is deleted and is
replaced in its entirety with the following:
Participant agrees that the cumulative Oyster Point Overpass Fees expected to be due and
payable by Participant and its successors and assigns (not accounting for the Oyster Point
Overpass Fee Credit and assuming full development) in connection with the Improvements on
the Office Parcel total One Million Two .Hundred Sixty Eight Thousand Seven Dollars
($1,268,007.00), and that the total Oyster Point Overpass Fees expected to be due and payable by
Participant and its successors and assigns (not accounting for the Oyster Point Overpass Fee
Page 3
....... Credit and assuming full development) in connection with the construction of the Improvements
on the Hotel Parcel total Six Hundred Twenty One Thousand .Seventy Five Doll.ars
($621,075.00). However, the parties acknowledge and agree that the foregoing amounts are
based on the application of the formula for calculating the Oyster Point Overpass Fees as of the
date of this Amendment as set forth in the ResolUtions attached as Exhibit K, and that such
mounts may vary (including being increased) based on the application of such formula as of the
time such fees become due and payable.
13. The text of Section 2.8 of the Agreement is deleted and is replaced in its entirety
with the following: '
All costs of designing, developing and constructing the Improvements and in complying
with the Conditions of Approval and Mitigation and Monitoring Measures, and any other
conditions of approval or mitigation and monitoring measures in connection with any subsequent
approvals for development of the Property, shall be borne solely by Participant and shall not be
an obligation of Agency or City.
14. The text of Section 2.9 of the Agreement is deleted and is replaced in its entirety
with the following:
Participant has prepared, submitted, and obtained approval of the Specific Plan (approved
by City), the Office Parcel Precise Plan (approved by Agency), and the Hotel Parcel Precise Plan
(approved by Agency). Participant hereby covenants on behalf of its. elf and its successors and
assigns that it shall, pnor to ~ssuance of any braiding permits, obtain all necessary perm~t.s and
approvals which may be required by any governmental agency having jurisdiction over the
construction or development of the Improvements on thc Property. Participant or its successors
and assigns shall not commence any construction of the Improvements prior to issuance of
building permits.
15. The text of the first paragraph of Section 2.10 of the Agreement is deleted and is
replaced in its entirety with the following:
If Participant or its successors and assigns fail to build the Improvements or Complete the
construction of all Improvements on the Office Parcel within five (5) years from the Effective
Date, subject to delays permitted by Section 7.5, or if Participant or its successors and assigns
fail to build the Improvements or Complete the construction of all Improvements on the Hotel
Parcel within five (5) years from the Effective Date, subject to delays permitted by Section 7.5,
then Participant shall, immediately and without need for submission of a demand from Agency,
be obligated to pay Agency the sum of Forty Eight Thousand Dollars ($48,000.00) per acre of
the Property (for a maximum aggregate penalty of Nine Hundred Sixty Thousand Dollars
($960,000.00) for the Property), allocated proportionately to each legal parcel within the Office
Parcel and the Hotel Parcel for which the Improvements on such parcel have not been
Completed. If the Improvements on the Hotel Parcel (i.e., the hotel and related improvements)
are Completed on the Hotel Parcel withi..,n, three (3) years of the Effective Date, then no penalties
shall be payable with respect to this paragraph.
16. The second paragraph of Section 2.10 of the Agreement is deleted in its entirety.
Page 4
17. The'text of the first paragraph of Section 3.5 of the Agreement is deleted and is
replaced in its entiretywith the following: .. ..
Promptly after Completion of construction of the Improvements on any legal parcel in
accordance with the provisions of this Agreement and upon authorization by City of the
Occupancy of such Improvements on a temporary basis, Agency will provide an instrument
("Certificate of Completion") so certifying provided that, at the time such certification is issued
(i) the Improvements have been Completed in a timely manner or the.penalties described in
Section 2.10 have been paid if not Completed in a timely manner, (ii) all fees, including but not
limited to the Oyster Point Overpass Fees, have been paid as applicable to such lmpmvemonts,
and (iii) all other obligations of Participant required to have been fulfilled by such date have been
fulfilled with respect to that legal parcel and Improvements for which a Certificate of
Completion is being issued. Such Certificate of Completion shall be conclusive determination
that the obligations undertaken herein by Participant, and its successors and assigns, to construct
the Improvements and the dates for the Completion of construction thereof have been met, if
applicable, subject to the obligation of Participant to finalize such construction so as to obtain a
certificate of occupancy for such Improvements from City and subject to the obligation of
Participant to construct any additional parking on the Office Parcel which may be required in
connection with Participant's compliance with the conditions of approval for the Office Parcel.
If construction has been Completed on a legal parcel within the time periods specified herein, the
Certificate of Completion shall also state that no penalty is owed for the development of the .
Improvements on such parcel or, if construction had not been Completed on a legal parcel' within
the time periods specified herein and a penalty has been paid accordingly;the Certificate of
Completion shall state that the penalty has been paid. Such CertifiCate of Completion shall be in
such form as will enable it to be recorded among the official records of San Mateo County. Such
Certificate of Completion and determination shall not constitute evidence 'of compliance with or
satisfaction of any obligation of Participant to any holder of a deed of trust securing money
loaned to finance the hnprovements or any part thereof and shall not be deemed a notice of
completion under the California Civil Code.
18. The text of the second paragraph of Section 3.5 of the Agreement is deleted and is
replaced in its entirety with the following:
Participant plans the subdivision of the Property as shown on the Site Map, and intends to
further subdivide the Office Parcel in a manner not shown on the Site Map. No reconfiguration
of the parcels as shown on the Site Map or fimher subdivision of either the Office Parcel or the
Hotel Parcel, or allocation of any amounts due hereunder to a legal parcel, shall affect the total
amounts payable for the Project, including but not limited to the Oyster Point Overpass Fees
under Section 2.7, the Area Wide Traffic Mitigation Fee under Section 3.8, or the potential
penalties payable under Section 2.10. Once construction is Completed on any legal parcel and a
Certificate of Completion has been recorded, such legal parcel and the owner thereof will not be
subject to any obligations or penalties set forth in this Agreement other than as set forth in
Section 4.3, and except that Participant and its successors and assigns shall comply with the
Conditions of Approval and the Mitigati,o,n and Monitoring Measures, and any conditions of
approval and mitigation and monitoring measures required in connection with subsequent
approvals for the Project or the development of the Property, in the operation of any businesses
on the Property (including but not limited to the construction of any additional parking on the
Page 5
Office Parcel which may be required in accordance with the conditions of approval for the Office
Parcel Precise Plan), and shall be responsible for taking all necessary steps in connection with
the development of the Improvements to obtain a certificate of occupancy for such
Improvements from City.
19. The text of the first paragraph of Section 3.7 of the Agreement is deleted and is
replaced in its entirety with the following:
The Conditions of Approval and Mitigation and Monitoring MeasUres shall govern the
development of the Property and shall be implemented by Participant and its successors and
assigns. In carrying out the construction of the Improvements, it shall be the sole responsibility
of Participant to implement, at its sole cost and expense, the Conditions of Approval and
Mitigation and Monitoring MeasUres, and any conditions of approval or mitigation and
monitoring measUres required by Agency or City in connection with subsequent approvals for
the Project or the.development of the Property.
20. The text of the fourth paragraph of Section 3.7 of the Agreement is deleted and is
replaced in its entirety with the following:
Participant acknowledges, on behalf of itself and its successors and assigns, that
additional conditions of approval or mitigation and monitoring measUres (including but not
limited to the payment of any costs or off-site improvements) may be required by Agency or City
as part of subsequent project apProvals with respect to development oft..~ Property, and agrees
that said additional conditions of approval and/or mitigation and nff6riitoring measUres shall
govem development of the Property and shall be implemented by the Participant and its
successors and assigns.
21. The text of Section 3.8(a) of the Agreement is deleted and is replaced in its entirety
with the following:
Participant acknowledges that City is in the process of developing and considering an
ordinance for a development fee addressing area wide traffic mitigation in the area in which the
Property is located. Participant agrees, on behalf of itself and its successors and assigns, that if
such ordinance is adopted Participant will be responsible for the payment of the development
fees which pertain to the development of the Improvements on the Property, as specified in the
ordinance, except that the development fees due and payable with respect to the Improvements
on the Property shall not exceed a total of One Million Thirty Six Thousand Five Hundred
Ninety Nine Dollars ($1,036,599.00). The following fees are the amounts expected to be due
and payable based on the Draft Traffic Impact Fee Study East of 101 Area dated July 17, 2001:
(i) the fees with respect to the Improvements to be constructed on the Hotel Parcel expected to be
due and payable are One Hundred Thirteen Thousand Fifty Dollars ($113,050.00); (ii) the fees
with respect to the three (3) research and development office buildings to be constructed on the
Office Parcel expected to be due and payable are Five Hundred Eighty Six Thousand Eight
Hundred Nineteen Dollars ($586,819.00) (the amount expected to be due and payable for each
such building is One Hundred Eighty Tw'o Thousand One Hundred Sixty Five Dollars
($182,165.00) for each approximately 120,000 square foot building and Two Hundred Twenty
Two Thousand Four Hundred Eighty Nine Dollars ($222,489.00) for the approximately 147,000
Page 6
..... square foot building); and (iii) the fees with respect to the approximately 223,000 square foot
office building to be constructed on the Office Parcel expected to be due and payable are Three
Hundred Thirty Six Thousand Seven Hundred Thirty Dollars ($336,730.00). The foregoing
amounts are only estimates of the amounts expected to be due and payable by Participant and its
successors and assigns for such development fees; however, the parties agree that the amounts
actually due and payable by Participant and its successors and assigns shall be the amounts as
actually specified in the ordinance, except that the development fees due and payable with
respect to the Improvements on the Property shall not exceed a total of One Million Thirty Six
Thousand Five Hundred Ninety Nine Dollars ($1,036,599.00) as stated above.
22. Section 3.8(b} of the Agreement is deleted in its entirety.
23. The text of Section 3.8(e} of the Agreement is deleted and is replaced in its entirety with
the following:
The development fee described in this Section 3.8 shall be paid with respect to the
Improvements to which it pertains at the times specified in the ordinance, but no earlier than the
date that a building permit is obtained by Participant or its successors and assigns with respect to
the respective Improvements. If the amount of any such development fee cannot be determined
at the time it is first payable (on account of the provisions of paragraph (a) of this Section 3.8),
then the estimated amount of such development fee as referenced paragraph (a) of this Section
3.8 shall be due and payable at that time. If, once the ordinance is adopted, it is determined that
the estimated fees paid by Participant or its successors and assigns are greater than the actUal fees
owed as specified in the ordinance, then Agency shall return the an~'6Unts totaling the difference
to Participant or its successors and assigns, as applicable. Participant will under no
circumstances have an obligation to pay any such development fees with respect to
improvements outside the Property.
24. The text of the third paragraph of Section 3.9 of the Agreement is deleted and is
replaced in its entirety with the following:
If Participant is unable to construct a childcare facility in accordance with the above
provisions of this Section, then Participant shall, prior to the issuance of a building permit for the
last building to be constructed on the Office Parcel, pay a fair share amount for a childcare
facility within City, which amount shall be determined pursuant to the. study to be prepared by
City to establish such fee. Participant shall pay the fee prior to the issuance of a building permit
for the last building to be constructed on the Office Parcel; however, if Participant has paid the
fee at such time and the construction of the Improvements on the Hotel Parcel are not yet
Completed, and if it is later determined that such fee is inapplicable based on the provisions of
the next paragraph of this Section 3.9 because Participant has Completed the Improvements on
the Hotel Parcel by November 2 I, 2005, then City shall be required to refund to Participant
whatever in lieu childcare facility fees Participant has paid.
25. The text of the fourth paragraph of Section 3.9 of the Agreement is deleted and is
replaced in its entirety with the following: "
Page 7
If a childcare facility is constructed pursuant to this Agreement, such facility shall be
constructed in accordance with the Specific Plan and any approved precise plan. :The childcare
facility shall also be constructed within the time reflected in the Schedule of Development and
shall at all times comply with the Conditions of Approval and any conditions of approval in
connection with subsequent approvals for the Project or development on the Property. If the
Improvements on the Hotel Parcel (i.e,, the hotel and related improvements) are Completed on
the Hotel Parcel by November 21, 2005, then the childcare facility or fees in lieu thereof required
by this Section shall not applY.
26. The text of the fifth paragraph of Section 3.9 of the Agreement is deleted and is
replaced in its entirety with the following:
Nothing in this Section shall prevent or prohibit any conditions of approval concerning
the provision of or payment for childeare from being imposed in connection with any approvals
for the Project or the development of the Property given after the Effective Date, and Participant
and its successors and assigns shall be responsible for complying with such conditions.
27. The section heading and text of SeetioD 3.10 of the Agreement are deleted and are
replaced in their entirety with the following:
3.10 Off-Site Pump Station and Collection Facilities
.... The parties acknowledge that Section 14.2.7 of the Mitigation and, Monitoring Program
(included in the SEIR) will require payment by Participant toward**ti~e costs for the improvement
of a pump station and the replacement of a sewer main, as further specified therein.
In addition, in accordance with Section 14.2.10 of the Mitigation and Monitoring
Program (included in the Addendum), Participant agrees, on behalf of itself and its successors
and assigns, to participate in evaluating the existing components and projected flow rates of the
pumping station as described in Section 14.2.10 of the Mitigation and Monitoring Program, at
the direction of the City's Engineer, and if additional capacity is needed, Participant agrees to
pay its fair share of the costs of improvements to the pumping station. Participant also agrees, as
described in Section 14.2.10 of the Mitigation and Monitoring Program, that when City develops
a sewer collection model to determine the location of capacity restrictions or other structural
problems with collection facilities as described in Section 14.2.10 of the Mitigation and
Monitoring Program to identify, prioritize and correct said restrictions and problems, Participant
agrees to pay its fair share contribution to the cost of the model and any needed improvements, in
accordance with a schedule established by the City's Department of Public Works. Such fees
shall be due and payable for each portion of the Improvements no earlier than the time that a
building permit is pulled in connection with the construction of such portion of the
Improvements.
28. The text of Section 3.13 of the Agreement is deleted and is replaced in its entirety
with the following:
Participant, on behalf of itself and its successors and assigns, agrees that it shall install
and provide artwork on public display on the Office Parcel in the amount of at lea. st Two
P~e 8
Hundred Thousand Dollars ($200,000.00) by the time of the Completion of the third building on
the Office Parcel, as set forth in the Schedule of Development. The artwork to be installed and
provided by Participant pursuant to this Section shall first be approved by Agency, which
approval shall not be unreasonably withheld.
.At Agency's option, prior to issuance of a building permit for the first building on the
Office Parcel, Participant shall be required to pay the amount of Twenty Five Thousand Dollars
($25,000.00) to Agency for Agency's use in installing and providing artwork on public display
offofthe Property, or shall be required to install and provide artwork on public display off of the
Property in the amount of Twenty Five Thousand Dollars ($25,000.00) to be determined and
approved by Agency. In the event Agency exercises this option and Participant satisfies its
obligations accordingly, then the amount of artwork required to be installed and provided by
Participant pursuant to the preceding paragraph shall be One Hundred Seventy Five Thousand
Dollars ($175,000.00).
29. The text of Section 4.1 of the Agreement is deleted and is replaced in its entirety
with the following:
Participant covenants and agrees for itself and its successors and its assigns that during
construction of the Improvements and thereat'ret, Participant, and such successors and assigns,
shall use the Property solely for the purposes authorized in the Specific Plan, the Office Parcel
Precise Plan, the Hotel Parcel Precise Plan, and the Redevelopment Plan. Participant is
expressly prohibited fi.om using the Property for any uses prohibitedby a~plicable City zoning
ordinances or regulations, or by the Redevelopment Plan. Particil~t shall comply with all
Mitigation and Monitoring Measures set forth in the Mitigation and Monitoring Program' and the
Conditions of Approval, and any future conditions of approval and mitigation and monitoring
measures adopted after the Effective Date in connection with development apprOvals for the
Property or the Project.
30. The text of Section 9.7 of the Agreement is deleted and is replaced in its entirety
with the following:
This Agreement may be executed in duplicate originals, each of which is deemed to be an
original. This Agreement, together with attached Exhibits A to O, constitutes the entire
understanding and agreement of the parties respecting the subject matter hereof. This Agreement
integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes
all negotiations or previous agreements between the parties with respect to all or any part of the
subject matter hereofi This Agreement supersedes and replaces all provisions of the Bay West
Agreement and Amendment No. 1 to the Bay West Agreement with respect to the Property. Any
waiver or modification of any provision of this Agreement must be in writing and signed by the
party to be charged.
31. The text of Section 9.11 of the Agreement is deleted and is replaced in its entirety
with the following:
The following Exhibits attached hereto are incorporated herein by this reference.
P~e 9
A Conditions of Approval for Specific Plan
B Conditions of Approval for Office Parcel Precise Plan
C Improvements
D Mitigation and Monitoring Program
E Office Parcel Precise Plan
F Property Description
G Schedule of Development
H Specific Plan for the Property
I Site Map
J AAA Diamond Ratings Guidelines
K Oyster Point Overpass Fees Resolutions
L Covenant and Environmental Restriction .'~'
M Transportation Demand Management Reporting Requirements
N Prevailing Wage Policy
O Conditions of Approval for Hotel Parcel Precise Plan
P Hotel Parcel Precise Plan
Q Supplement to the Mitigation and Monitoring Program
32. Exhibits B, C, E, and G originally attached to and included in the Agreement are
deleted and are replaced in their entirety with the following Exhibits B, C, E, and G attached to
this Amendment and incorporated herein and into the Agreement by this reference:
B Conditions of Approval for Office Parcel Precise Plan
C Improvements
E Office Parcel Precise Plan
G Schedule of Developmer~'t~ "
Page 10
33. Exhibit O, Conditions of Approval for Hotel Parcel Precise Plan, Exhibit P, Hotel
Parcel Precise Plan, and Exhibit O, Supplement to the Mitigation and MonitoringPmgram,
attached to and included in this Amendment are newly added to and made a part of the
Agreement and are incorporated herein and into the Agreement by this reference.
34. Except as is expressly set forth herein, all of the provisions of the Agreement remain
unaltered and continue to remain in effect.
IN WITNESS WHEREOF, the parties hereto have entered into this Amendment as of the
day and year first above written.
CITY OF SOUTH SAN FRANCISCO
REDEVELOPMENT AGENCY
(Agency)
Executive Director
ATTEST:
Secretary '~""
APPROVED AS TO FORM:
Agency Counsel
HINES OYSTER POINT, LLC
(Participant)
By: Hines Interests Limited Partnership
Its: Member
By:
Its:
APPROVED AS TO FORM:
Participant Counsel
F:\wpdhMnrsw\405\099\ I stamendopaFINAL3.092801 .doc
Page 11
Exhibit B
CONDITIONS OF APPROVAL FOR OFFICE P~,RCEL PRECISE PLAN
CONDITIONS OF APPROVAL "
Pp-00-060/Mod 1 & PM-00-060/Mod 1
(As approved by the Redevelopment Agency- September 26, 2001)
A. Planning Division requirements shall be as follow:
Precise Plan
1. The project shall be constructed substantially as indicated on the attached plans dated
August 10, 2001, prepared by Korth Sunseri Hagey Architects, except as otherwise modified
by the following conditions:
2. The applicant shall comply with all applicable mitigation measures identified in Bay West
Cove Final Supplemental EIR and in the Addendum to the SEIR dated August 27, 2001.
3. Prior to issuance of a building permit, the applicant shall submit a phasing plan for review
and approval by the City. At a minimum, first phase improvements shall provide for
installation and maintenance of perimeter landscaping adjacent to OYster Point and Veterans
Boulevards.
4. Effect of Retail Development on Parking Requirements. At such time as applicant has
leased an aggregate of 10,000 square feet of retail/restaurant ~.space i~ii the Office Parcel to
tenants who are operating their businesses in such retail/restaurant space, tho City or Agency
shall commission' a parking survey of the Office Parcel to determine whether the parking at
the 2.83 spaces per 1,000 square foot ratio as provided for in the Office Parcel Precise Plan
is sufficient to meet the reasonable needs oftbe users of the constructed and planned
retail/restaurant space on the Office Parcel, taking into account the actual retail/restaurant
space then existing as well as additional retail/restaurant space which is planned to be
constructed. Such survey shall be prepared at applicant's sole expense, by a qualified traffic
engineering firm. The firm shall be selected by either City or Agency. The firm shall be
instructed to deliver a copy of its final report to applicant and to City and Agency. In the
event such firm concludes that parking at the 2.83 per 1,000 ratio as provided for in the
Office Parcel Precise Plan is sufficient to meet the reasonable needs of users of the
constructed and planned retail/restaurant space on the Office Parcel, no change to the Office
· Parcel Precise Plan Shall be required to be made on account of parking. However, if Such
firm concludes that parking at the 2.83 per 1,000 ratio as provided for in the Office Parcel
Precise Plan is not sufficient to meet the reasonable needs of the users of the constructed and
planned retail/restaurant space on the Office Parcel, and that additional parking is required,
then applicant shall promptly either:
a. Submit to Agency a proposed plan for providing the additional parking as such firm has
determined is required to meet the reasonable needs of the users of the constructed and
planned retail/restaurant space, on the Office Parcel and seek all appropriate
amendments to the Office Parcel Precise Plan to allow for the provision of such
additional parking. In no event shall applicant be required to provide parking which
exceeds 5 spaces per 1,000 square feet of constructed and planned retail/restaurant
space. Agency shall promptly review and consider such proposed plans/amendments.
Conditions of Approval
RE: Bay West Cove Planning Area I (Hines), PP/PM-00-060/Mod 1
Date: September 26, 2001 " ~'
Page 2 of 17
Following approval of such plans/amendments by Agency, applicant shall provide the
additional parking required by the approved plans/amendments; or
b. Notify Agency that it elects to increase the altehaative mode usage goal contained in the
Transportation Demand Management (TDM) Program as required for the project by the
Mitigation and Monitoring Program of the Bay West Cove SEIR and the OPA fi.om
35% to an amount determined by the Agency to be appropriate, but which is not greater
than 37.5%. In the event applicant makes such election, the alternative mode usage
goal of the TDM Program shall be increased to the amount set by Agency effective, as
of the date Agency notifies applicant of the increased amount, and applicant shall
comply with such increased alternative mode usage goal of the TDM Program and
execute and deliver at Agency's request such documents as are reasonably necessary to
amend the OPA and any other documents necessary to reflect such increase to the
alternative mode usage goal of the TDM Program.
5. Prior to issuance of a building permit, the applicant shall provide ev!d. ence of compliance
with FAA requirements regarding construction within the FAll.~Par/'/7 conical zone.
6. Prior to issuance of a building permit, the applicant shall provide appropriate evidence to
ensure that office, research and development and retail/restaurant spaces, are designed so that
the calculated hourly average noise levels during the daytime does not exceed and L~q of
45dBA, and instantaneous maximum noise levels do not exceed 60 dBA.
7. The applicant shall cooperate with the City in the development/implementation of a regional
shuttle service if such is considered by the City.
8. The applicant shall provide public art with a value of $200,000 minimum, together with an
implementation plan, for review and approval of the Economic and Community
Development Director.
9. The applicant shall implement the Transportation Systems Management Plan prepared by
The Hoyt Company, as outlined in the Bay West Cove SEIR.
a. Prior to occupancy of any structure the applicant shall implement the following: 1) Install striping and signage for preferential parking for car/van pools and flextime
parking.
2) Install electric vehicle charging stations (minimum of two in parking structure)
3) Install on-site showers and*clothing lockers.
4) Install Class I and II bicycle parking facilities and lockers.
5) Designate a project-wide transportation coordinator (TC).
Conditions of Approval
RE: Bay West Cove Planning Area 1 (Hines), PP/PM-00-060/Mod 1
Date: September 26, 2001
Page 3 of 17
6) Install an information kiosk containing transportation information including
shuttles, RIDES, SamTrans, Caltrain, BART Downtown Dasher, and bicycle
routes.
b. In addition, at point of occupancy of each building, the applicant will implement the
following:
1) Financial incentives for car/van pools.
2) Paid parking program no less than $20 per structured space per month.
3) Transit pass subsidy of $25 per month (to a maximum of 10% of employees) to be
offered to tenant employees.
4) Shuttle service to circulate between the South San Francisco BART station and the
project at either 15 or 30 minute fi'equencies. The project will also operate 30-
minute frequency shuttle service between the South San Francisco Caltrain station
and the project in the a.m. and p,m. peak.
5) Participation in an on-call and midday Downtown Dasher (lunch-time) service.
6) Flextime program.
7) Telecommuting program. ?~).
8) Guaranteed ride home (GRH) program.
9) Personalized rideshare matching for bicyclist, car/van pools
10) New tenant employee information packets.
11) Provide exercise/par course facilities.
10. No signs are included in the project approval.
11. All roof-mounted equipment shall be contained in screened enclosures, subject to the review
and approval of the City's Chief Planner.
12. A minimum six foot wide landscape strip shall be provided along the easterly edge of the
site where parking abuts the hotel site.
13. Final landscape and irrigation plans shall be submitted for staff review and approval prior to
submittal for a building permit. In accordance with comments provided by the Design
Review Board, plans shall be modified to address the following:
a. Provide a direct access route from the building on Oyster point Boulevard to the parking
garage.
b. Provide a more significant public space at the landscaped area adjacent to the inlet at the
north end of the site. .," ,'
c. Explore providing a direct access route from the Bay Trail through the surface parking
lot to the northeastern-most building·
14. The applicant shall comply with all Standard Conditions of Approval.
Conditions of Approval
.... RE: Bay West Cove Planning Area 1 (Hines), PP/PM-00-060/Mod 1
Date: September 26, 2001 .'
Page 4 of 17
Tentative Parcel Map
1. The Final Parcel Map shall be substantially consistent with the Tentative Parcel Map
entitled, "Tentative Parcel Map Bay West Cove Parcel 1 of Parcel Map No. 97-027", dated
August 10, 2001, prepared by Kier & Wright.
2. The Final Parcel Map shall comply with all applicable requirements of SSFMC Title 20
(Zoning Ordinance).
(Planning Division contact: Susy Kalkin (650) 877-8535)
B. Engineering Division requirements shall be as follow:
... 1. The developer shall comply with all applicable conditions of the En.gi. neering Division's
"Standard Conditions for Commercial and Industrial Develop~aents'; as contained in our
"Standard Conditions for Subdivisions and Private Developments" booklet, dated January
1998. This booklet is available fi.om the Engineering Division at no charge to the applicant.
2. As required by Ci(y Ordinance and the "Standard Conditions", storm water pollution control
devices and. filters (such as "Stormcepter" or CDS units, or approved equal) shall be
installed within the site drainage system to prevent pollutants deposited within the site from
entering the San Francisco Bay. Plans for these filters shall be submitted to the Engineering
and Water Quality Control Divisions for review and approval.
3. The applicant shall submit a Storm Water Pollution Prevention Plan (SWPPP) for this site,
prior to receiving a grading or building permit for the project.
4. The applicant shall comply with the requirements of the Bay West Cove Specific Plan, the
property D.C.C. & R's and any development and improvement agreements or arrangements,
between the City and the applicant, that may affect the development of the subject project.
In particular, the applicant shall pay the Oyster Point Overpass Fee for the developments
constructed within this parcel, less monies previously paid by AutoNation for Parcel 1 of the
Bay West Cove site, prior to receiving a building permit for each building. The fee, if paid
in July 2001, is calculated as follows:
Trip Calculation .:' .'
611,976 gsf office/R&D space ~ 12.3 trips per 1000 gsf = 7,527 new daily vehicle trips
Conditions of Approval
RE: Bay West Cove Planning Area 1 (Hines), PP/PM-00-060/Mod 1
Date: September 26, 2001 ....
Page 5 of 17
ContributiOn Calculation
7,527 trips X $154 X (7168.26/6552.16) = $1,268,154
According to our records, to date, AutoNation has paid Oyster Point Overpass Fees totaling
$937,877.38 for this parcel, which will be credited toward the applicant's fee payment.
5. Prior to receiving a building permit for the first building within the development, the
applicant shall pay their fair share of all off-site mitigation measures adopted by the
approved project EIR, including fair'share payments toward up-grading the City's
downstream sanitary sewer collection system, which includes modifications to Pump Station
No. 4 on Harbor Way, Pump Station No. 2 on Gateway Boulevard and reimbursing the City
for a portion of the Harbor Way trunk sewer replacement project. Also, as appropriate,
mitigation imprOvements within the site, such as the expansion and improvement of the
existing Bay West Cove sanitary sewer pump station to accommodate the increased sewer
flows from the entire project, shall be designed by the applicaat~ ct~sultants, shown on the
applicant's building permit plans and constructed by the applicant, at no cost to the City.
6. The applicant's plans show that a portion of Building 102 will be constructed on top of an
existing Cify drainage easement and storm drain. At no cost to the City, the applicant shall
reroute the storm drain around the new building. The applicant shall dedicate to the City of
South San Francisco a new 15' wide storm drainage easement to accommodate this new
relocated storm drain. All plans and supporting documents for relocating the storm drain
shall be prepared by the applicant's consultants, submitted to the City Engineer for approval
and constructed by the applicant, in accordance with the approved plans and specifications,
at no cost to the City.
7. The applicant shall retain a traffic engineering consultant to review the existing design of
Veterans Boulevard and to prepare a report making recommendations regarding the
adequacy of the street improvements to accommodate the proposed traffic into and out of
the subject development's access driveways onto the street. The report shall be submitted to
the City Engineer for review and approval. If the road requires widening, re-channelizing,
or similar improvements, the applicant shall provide any additional right-of-way necessary
to accommodate the modifications and shall include any roadway improvements in the
scope of the project's constructions work.
8. In accordance with Section 14.2.1 fi'of the Mitigation and Monitoring Program (included in
the Addendum), the applicant shall participate in evaluating the existing components and
projected flow rates of the pumping station as described in Section 14.2.10 of the Mitigation
and Monitoring Program, at the direction of the City's Engineer, and if additional capacity is
needed, the applicant agrees to pay its fair share of the costs of improvements to the
Conditions of Approval
RE: Bay West Cove Planning Area 1 (Hines)i PP/PM-00-060/Mod 1
Date: September 26, 2001
Page 6 of 17
pumping station. The applicant also agrees, as described in Section 14.2.10 of the
Mitigation and Monitoring Program, that when City develops a sewer collection model to
determine the location of capacity restrictions or other structural problems with collection
facilities as described in Section 14.2.10 of the Mitigation and Monitoring Program to
identify, prioritize and correct said restrictions and problems, Participant agrees to pay its
fair share contribution to the cost of the model and any needed improvements, in accordance
with a schedule established by the City's Department of Public Works. Such fees shall be
due and payable for each portion of the Improvements no earlier than the time that a
building permit is pulled in connection with the construction of such portion of the
Improvements.
9. Parcel Map Requirements
a. The subdivider shall comply with the requirements of the Engineering Division's
"Standard Conditions for Tentative Parcel Maps", as contained in the Engineering
DivisiOn's "Standard Conditions for Subdivisions and Private D~velopments" booklet,
dated January 1998.
b. The subdivider shall pay the Engineering Division's actual costs to retain a civil
engineer or land surveyor to plan check and sign the parcel map as the City's Technical
Review'er.
c. Appropriate reciprocal easements between the subdivision parcels, together with
property D.C.C. & R.'s, 'as needed to provide for access and utilities and the permanent
repair and maintenance of the common site improvements, shall be provided in a form
and content acceptable to the City Engineer and the City Attorney.
(Engineering Division contact: Richard Harmon (650) 829-6652)
C. Police Department requirements shall be as follow:
1. Municipal Code Compliance
The applicant shall comply with the provisions of Chapter 15.48 of the Municipal Code,
;'Minimufi~ Building Security Standards" Ordinance revised May 1995. The Police
Department reserves the right to make additional security and safety conditions, if
necessary, upon receipt of detailed/revised building plans.
2. Landscaping
Landscaping shall be of the type and situated in locations to maximize observation while
providing the desired degree of aesthetics. Security planting materials are encouraged along
Conditions of Approval
RE: Bay West Cove Planning Area 1 (Hines), PP/PM-00-060/Mod 1
Date: September 26, 2001 -' -'
Page 7 of 17
fence and property lines and under vulnerable windows.
3. Building Security
a. Doors
1) The jamb on all aluminum frame'swinging doors shall beSo constructed or
protected to withstand 1600 lbs. of pressure in both a vertical distance of three (3)
inches and a horizontal distance of one (1) inch each side of the strike.
2) Glass doors shall be secured with a deadbolt lock~ with minimum throw of one (1)
inch. The outside ring should be fi.ee moving and case hardened.
3) Employee/pedestrian doors shall be of solid core wood or hollow sheet metal with a
minimum thickness of 1-3/4 inches and shall be secured by a deadbolt lock~ with
- minimum throw of one (1) inch. Locking hardware shall be installed so that both
deadbolt and deadlocking latch can be retracted by a.~ingl~"~ction of the inside
knob, handle, or tumpiece.
4) Overhead roll-up doors shall be so secured on the inside that the lock cannot be
defeated fi.om the outside and shall also be secured with a cylinder lock or padlock
from the inside.
5) Outside hinges on all exterior doors shall be provided with non-removable pins
when pin-type hinges are used or shall be provided with hinge studs, to prevent
removal of the door.
6) Doors with glass panels and doors with glass panels adjacent to the doorframe shall
be secured with burglary-resistant glazing2 or the equivalent, if double-cylinder
deadbolt locks are not installed.
I The locks shail be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action
of the inside door lmob/lever/turnpiece.
A double-cylinder deadbolt lock or a single-cylinder deadbolt lock without a tumpiece may be used in "Group B"
o~cupancies as defined by the Uniform Building'Code. When used, there must be a readily visible durable sign on
or adjacent to the door stating "This door to remain unlocked during business hours", employing letters not less than
one inch high on a contrasting background. The locking device must be of type that will be readily distinguishable
as locked, and its use may be revoked by the Building Official for due cause.
25/16" security laminate, I/4" polycarbonate, or approved security film treatment, minimum.
Conditions of Approval
RE: Bay West Cove Planning Area 1 (Hines), PP/PM~00-060/Mod 1
Date: September 26, 2001 .-
Page 8 of 17
7) Doors with panic bars will have vertical rod panic hardware with top and bottom
latch bolts. No secondary locks should be installed on panic-equipped doors, and
no exteri°r surface-mounted hardware should be used. A 2" wide and 6" long steel
astragal shall be installed on the door exterior to protect the latch. No surface-
mounted exterior hardware need be used on panic-equipped doors.
8) All entrance and exit doors for individual tenant spaces shall have a deadbolt lock.
9) On pairs of doors, the active leaf shall be secured with the type of lock required for
single doors in this section. The inactive leaf shall be equipped with automatic
flush extension bolts protected by hardened material with a minimum throw of
three-fourths inch at head and foot and shall have no door knob or surface-mounted
hardware. Multiple point locks, cylinder activated fi.om the active leaf and
satisfying the requirements, may be used instead of flush bolts.
10) Any single or pair of doors requiring locking at the bottom or top rail shall have
locks with a minimum of one throw bolt at both the t..opan/~'~ottom rails.
b. Windows
1) Louvered windows shall not be used as they pose a significant security problem.
2) Accessible rear and side windows not viewable from the street shall consist of rated
burglary resistant glazing or its equivalent. Such windows that are capable of being
opened shall be secured on the inside with a locking device capable of withstanding
a force of two hundred- (200) lbs. applied in any direction.
3) Secondary locking devices are recommended on all accessible windows that open.
c. Roof Openings
1) All glass skylights on the roof of any building shall be provided with:
a) Rated burglary-resistant glass or glass-like acrylic material,2
or~
b) Iron bars of at least 1/2" round or one by one-fourth inch fiat steel material
. . spaced no more than five inches apart under the skylight and securely fastened,
or: .,'. ,,
c) A steel grill of at least 1/8" material or two inch mesh under skylight and
securely fastened.
2) All hatchway openings on the roof of any building shall be secured as follows:
Conditions of Approval
RE: Bay West Cove Planning Area 1 (Hines), PP/PM-00-060/Mod 1
Date: September 26, 2001 ....
Page 9 of 17
a) If the hatchway is of wooden material, it shall be covered on the oUtside with
at least 16 gauge sheet steel or its equivalent attached with screws.
b) The hatchway shall be secured fi.om the inside with a slide bar Or slide bolts.
The use of crossbar or padlock must be approved by the Fire Marshal.
c) Outside hinges on all hatchway openings shall be provided with non-
removable pins when using pin-type hinges.
3) All air duct or air vent openings exceeding 8" x 12" on the roof or exterior walls of
any building shall be secured by covering the same with either of the following:
a) Iron bars of at least 1/2" round or one by one-fourth inch flat steel material,
spaced no more than five inches apart and securely fastened.
-- or:
b) A steel grill of at least 1/8" material or two inchm~'sh and securely fastened
and
c) If the barrier is on the outside, it shall be secured with galvanized rounded head
flush bolts of at least 3/8" diameter on the outside.
d. Lighting
1) Parking lots, (including parking lots with carports) driveways, circulation areas,
aisles, passageways, recesses, and grounds contiguous to buildings shall be
provided with high intensity discharge lighting with sufficient wattage to provide
adequate illumination to make clearly visible the presence of any person on or
about the premises during the hours of business darkness and provide a safe, secure
environment for all persons, property, and vehicles on site. Such lighting shall be
equipped with vandal-resistant covers. A lighting level of .50 to 1 foot-candles
minimum, maintained at ground level is required.
2) All exterior doors shall be provided with their own light source and shall be
adequately illuminated at all hours to make clearly visible the presence of any
person on or about the premises and provide adequate illumination for persons
~ exiting the building.
3) The premises, while closed for business after dark, must be Sufficiently lighted by
use of interior night-lights.
Conditions of Approval
RE: Bay West Cove Planning Area 1 (Hines), PP/PM-00-060/Mod 1
Date: September 26, 2001
Page 10 of 17
4) Exterior door, perimeter, parking area, and canopy lights shall be controlled by
photocell and shall be left on during hours of darkness or diminished lighting.
5) Parking lot lights shall remain on anytime there are employees in the building.
6) The parking garage shall have a lighting level of, 5 foot-candles for parking areas.
A level of 10 foot-candles for driveways and stairways is required in these areas.
7). Prior to issuance, of a building permit, the applicant shall submit a lighting plan to
be reviewed and approved by the Police Department. Lighting plans shall include
photometric and distribution data attesting to the required illumination level.
e. Numbering of Buildings
1) The address number of every commercial building shall be illuminated during the
hours of darkness so that it shall be easily visible from the.s.t!', eet. The numerals in
these numbers shall be no less than four to six inehoa4tt'height and of a color
contrasting with the background.
2) In.addition, any business which affords vehicular access to the rear through any
driveway, alleyway, or parking lot shall also display the same numbers on the rear
of the building.
· 3) Posted at the main entrance to the building/complex shall be a sign (directory)
showing the addresses and businesses within the complex. Said sign shall be
illuminated during the hours of darkness and shall be protected by use of vandal-
resistant covers or materials.
4) Each different unit within the building shall have its particular address prominently
displayed on its front and rear doors. (Rear door numbers only need to be one inch
in height.)
fi'Alarms
1) The business shall be equipped with at least a central station silent intrusion alarm
system.
2) All individual businesses Within the complex will be/may be required to have an
alarm system before occupancy. The type of alarm is dependent upon the nature of
the individual business. Tenants should be advised to make contact with Crime
Prevention Bureau well in advance of requested business occupancy for further
details.
Conditions of Approval
RE: Bay West Cove Planning Area 1 (Hines), PP/PM-00-060/Mod 1
Date: September 26, 2001 ....
Page 11 of 17
NOTE: To avoid delays in occupancy, alarm installation steps should be taken
well in advance of the f'mal inspection.
g. Traffic, Parking, and Site Plan
1) All entrances to the parking area shall be posted with appropriate signs per
22658(a) CVC, to assist in removing vehicles at the property owner's/manager's
request.
2) Handicapped parking spaces shall be clearly marked and properly sign posted.
3) The parking and circulation for these projects appears to be adequate.
NOTE: For additional details, contact the Traffic Bureau at 829-3934.
h. Misc. Security Measures ,,,~-
1) Commercial establishments having one hundred dollars or more in cash on the
premises after closing hours shall lock such money in an approved type money safe
with a minimum rating ofTL-15. This condition applies to the proposed restaurant
pad.
2) Multiple tenant office and commercial buildings shall have floor to floor demising
walls or security barriers separating individual tenant areas to prevent entry of
adjacent spaces over the top of the divider,
3) Business machines visible from the exterior of the building should be equipped
with desk pad type locking devices.
4) All highly portable, easily resaleable property should be inventoried and marked
with a distinctive identification number. A commercial I.D. number can be
assigned by calling the Crime Prevention unit at 877-8926.
5) ~'he perimeter of the site shall be fenced during construction, and security lighting
and patrols shall be employed as necessary.
6) The fence surrounding the"~torage yard should be topped with triple-strand barbed
wire or razor ribbon.
(Police Department contact person: Sgt. Mike Newell, 877-8927)
Conditions 'of Approval
RE: Bay West Cove Planning Area 1 (Hines), PP/PM-00-060/Mod 1
Date: September 26, 2001 ....
Page 12 of 17
D. Fire Prevention/Building Division requirements shall be as follow:
1. The design and construction of all site alterations shall comply with all applicable codes and
regulations in effect at the time of plan submittal and building permit issuance.
2. A separate building permit application shall be submitted for each independent structure
proposed on the site. Applications shall be accompanied by five (5) complete sets of
construction drawings to include:
a. Architectural plans
b. Structural plans
c. Electrical plans
d. Plumbing plans
e. Mechanical plans
f. Fire sprinkler plans
g. Landscape/irrigation plans
h. Site/civil plans ......
i. Structural Calculations (3)
j. Truss Calculations (3)
k. Soils reports (3)
I. Title.24 energy documentation
3. The occupancy classification, constmction type and square footage of each building shall be
specified on the plans in addition to justification calculations for the allowable area of each
building.
4. A portion of the subject property appears to be located in an Al flood zone which is identified
as an area of special flood hazard. South San Francisco Municipal Code Section 15.56.030
states:
"no new construction, or substantial improvements of a structure which would
require a building permit, pursuant to the applicable provisions of the Uniform Building
Code as adopted and modified in Chapter 15.08 of this code, shall take place in an area of
special flood hazard without full compliance with the terms of this chapter and other
applicable flood control requirements".
Prior to submittal of plans to the Fire Prevention/Building Division for plan review, the
applicant shall determine where the actual flood fringe boundary lines occur on the
property. The lines shall be incorporated onto a site/topographical plan which shall be
included as part of the required plan information noted above.
5. Building pads must be elevated to a point at least one foot above 100-year flood levels.
Conditions of Approval
RE: Bay West Cove Planning Area I (Hines), PP/PM-00-060/Mod 1
Date: September 26, 2001 ....
Page 13 of 17
6. With regard to any grading or site remediation, soils export, import and placement; provide a
detailed soils report prepared by a qualified engineer to address these procedures. In particular
the report should address the import and placement, and compaction of soils at future building
pad locations and Should be based on an assumed foundation design. This information should
be provided to Fire Prevention/Building and Engineering Division for review and comments
prior to any such activities taking place.
A grading permit may be required for the above mentioned work.
7. Prior to building permit issuance for the construction of each building, geotechnical and civil
pad certifications are to be submitted.
8. Fire sprinklers will be required throughout all buildings. Separate application by a C-16
contractor is required.
9. Dimensions are not provided for distance to property lines at Building, l.03 two sides of the
building. This distance may affect allowable square footage. P, loase 3erify that design meets
minimum building code requirements with respect to allowable area.
1'0. Water for landscape irrigation should be separately metered.
11. If fencing exceeds 6' in height, a building permit is required.
12. If applicable, wooden retaining walls are not approved for use in SSF. Retaining wall must
be concrete or masonry, crib wall, "Keystone", or an equivalent system.
13. All site signage as well as wall signs require a separate permit and application (excluding
address numbering).
14. Alter approval of the PUD, and prior to application for building permits, applicant shall submit
a request for addressing along with 10 copies of the site plan to the Fire Prevention/Building
Division. Each building will then be assigned an individual address by the Fire
Prevention/Building Division. Subsequently, applicant, and other appropriate departments will
receive copies of the addressing plan.
15. The tentative addresses for these buildings are as follows:
Building # 101: 125 Oyster Point 'Blvd..
Building # 102: 165 Oyster Point Blvd.
Building # 103: 175 Oyster Point Blvd.
Building # 104: 185 Oyster Point Blvd.
Parking Structure: 105 Oyster Point Blvd.
.. Conditions of Approval
RE: Bay West Cove Planning Area 1 (Hines), PP/PM-00-060/Mod 1
Date: September 26, 2001 -' "
Page 14 of 17
16. Monument sign(s) located at the driveway entrance(s) shall have address numbers posted
prominently on the monmnent sign.
17. Each building shall have address numbers posted in a conspicuous place. Numl~ers should be
minimum 10" in height and either internally or externally illuminated, in contrast to their
background.
18. Unless the design meets the criteria for an open parking garage, mechanical ventilation will
be required capable of exhausting a minimum of 1.5 cubic feet per minute per square foot of
gross floor area. Automatic carbon monoxide-sensing devices may be employed to
modulate the ventilation system. Connecting offices waiting rooms, restrooms, and retail
areas shall be supplied with conditioned air under positive pressure.
19. In the parking structure, in areas where motor vehicles are stored, floor surfaces shall be of
noncombustible, nonabsorbent materials. Floors shall drain to an approved oil separator or
trap discharging to sewers in accordance with the Plumbing Code afl~ South San Francisco
Municipal ordinances.
20. The site development of such items as common sidewalks, parking areas, stairs, ramps,
common facilities, etc. are subject to compliance with the accessibility standards contained in
Title-24, Califomia Code of Regulations. The civil, grading and landscape plans shall address
these requirements to the extent possible.
21. The proposed facility shall be designed to provide access to the physically disabled in
accordance with the requirements of Title-24, California Code of Regulations; i.e.,
accessible parking stalls, path of travel, prima~t entrance, interior travel path and
restrooms.
a. Path of travel from public transportation point of arrival
b. Routes of travel between buildings
c. Accessible parking
d. Ramps
e. Primary entrances
fi Sanitary facilities (restrooms)
g. Drinking fountains & Public telephones (when provided)
h. Accessible features per specific occupancy requirements
i. Accessible special features, ie., 'ATM's point of sale machines, etc.
22. Pedestrian access provisions should provide a minimum 48" wide unobstructed paved surface
to and along all accessible routes. Items such as signs, meter pedestals, light standards, trash
~ - CONDITIONS OF APPROVAL
PP-01-013
(As approved by the Redevelopment Agency on March 28~ 2001~)
A. Planning Division requirements shall be as follows:
1. The project shall be constructed substantially as indicated on the attached site plan, floor Plans,
and elevation plans dated 3-6-01, prepared.by Glover Smith Bode Inc., Architects & Planners and
landscape plans dated 3-6-01 prepared by Gates Landscaping, except as otherwise modified by
the following conditions:
2. The applicant shall comply with applicable mitigation measures outlined in the Bay West Cove
Supplemental EIR (SEIR-97-027/Mod 1), as defined in the Owner Participation Agreement and
Project CC&Rs.
3. Childcare - Pursuant to General Plan Policy 2-I-12, prior to issuance of a Certificate of
Occupancy the applicant shall pay a fair share amount for a community childcare facility in South
San Francisco, the amount to be determined pursuant to the Study currently being prepared by
South San Francisco to establish a childcare fee payable by development applicants, with a not to
exceed amount of $30,480.
-- 4. Prior to issuance of a building permit, the applicant shall provide evidence of compliance with
FAA requirements regarding construction within the FAR Part 77 co..n..ical zone.
5. Prior to issuance of a building permit the applicant shall provide appropriate evidence to ensure
that the hotel is designed so that the calculated single-event noise level due to an aircraft flyover
does not exceed 55 dBA in hotel rooms, and the CNEL does not exceed 45dBA interior.
6. In accordance with the provisions of the Owner Participation Agreement by and between the City
of South San Francisco Redevelopment Agency and Hines Oyster Point, LLC, the applicant shall
pay the applicable Area Wide Traffic Mitigation Fee for the hotel prior to issuance of an
occupancy permit.
7. Transportation Demand Management
a. General - In accordance with the requirements of the Bay West Cove Specific Plan, the
project sponsor shall develop and implement a Transportation Demand Management Plan
to reduce vehicular trips, and shall be required to achieve a minimum 35% alternative
mode use by hotel employees,
b. TDM Monitoring Report - The project sponsors shall prepare an annual TDM report to
document a minimum 35% alternative mode usage as identified in the Bay West Cove
.... Sflpplementai EIR.
1) Required monitoring shall commence two years after a certificate of occupancy is
granted for the hotel.
Conditions of Approval
PP-01-013
As approved by the Redevelopment Agency March 28, 2001
Page 2 of 11 .. .-
2) The report will be prepared by an independent consultant, hired by the City, and
paid for by the project sponsor, working in full cooperation with the on-site TDI~I
Coordinator.
3) The report will be based on an Employee Survey to determine employee commute
methods on a typical workday. All nonresponses will be counted as a drive alone
trip.
c. If the results of the annual report indicate that the TDM program is not achieving the 35%
alternative mode usage, the project sponsor will receive a Warning and be required to
identify changes in the TDM program which will be undertaken during the subsequent
year in order to achieve the minimum 35% standard. If the annual TDM report for the
subsequent year indicates that, in spite of the changes in the TDM program, the 35%
alternative mode usage is still not being achieved, the project sponsor may be assessed a
financial penalty by the Redevelopment Agency for each percentage point below the
minimum 35% alternative mode use standard, as indicated in the Owner Participation
Agreement.
8. Parking Management - .:.
a. Prior to issuance Of a business license, the hotel operator shall prepare a Parking
Management Plan that shall be submitted to the Chief Planner and the Police Department
for approval.
b. Special events at the hotel shall be scheduled during off-peak traffic hours unless the
hotel operator can demonstrate that adequate off-site parking exists and that no overflow
impacts of the event will effect traffic operation on the surrounding public streets and/or
adjacent properties. Self-parking may be temporarily eliminated when parking demands
require valet service for the parking facilities.
c. In the event that off-site overflow parking is needed for special events, the hotel operator
shall obtain written authorization from the off-site property owners for the use of any off-
site parking spaces. Said authorization shall be submitted for review by the Chief Planner
and the Police Department.
d. Valet~operated parking shall be provided as necessary to maintain adequate traffic
circulation on- and off-site.
9. Design Review - Subject to review and approval of the Chief Planner, the plans shall be revised
-- to include textured pavement at the d~yeway.e, ntrance.
10. Stays for each individual hotel guest shall be limited to a maximum of 29 consecutive days.
Conditions of Approval
_ . PP-01-013
As approved by the Redevelopment Agency March 28, 2001
Page 3 of 11
11. Signs shall be subject to separate review and approval by the City.
12. The applicant shall provide guests with shuttle service to and from San Francisco International .
Airport. Such service shall be available seven days a week, 24 hours a day. The applicant shall
also cooperate with the City in the development and implementation of a regional shuttle service
if such is considered by the City.
13. No automobile, rental facility which includes storage of vehicles on this site shall be permitted to
operate from the hotel.
14. "Park and Fly" type promotions, where guests not currently occupying a hotel room leave a
vehicle at the site for a period either before or after their stay at the hotel, shall not'be permitted.
15. The parking lot shall be maintained free of any material which would prevent use of approved
parking spaces.
16. The applicant shall secure a Business License Site Clearance certificate prior to commencing
business Operations on the site.
17. All roof-mounted equipment shall be screened to the satisfaction:of ffi~: Chief Planner.
18. Final landscape and irrigation plans shall be submitted for staff review and approval prior to
submittal fo.r. a building permit.
19. The applicant shall comply with all Standard Conditions of Approval.
(Planning Division Contact Person: Susy Kalkin, 650 877-8535)
B. Engineering Division requirements shall be as follow:
1. The developer shall comply with all applicable conditions of the Engineering Division's
"Standard Conditions for Commercial and Industrial Developments", as contained in our
"Standard Conditions for Subdivisions and Private Developments" booklet, dated January 1998.
This booklet is available from the Engineering Division at no charge to the applicant.
2. As required by City Ordinance and the "Standard Conditions", storm water pollution control
_~ devices and filters (such as "Stormcepter" or CDS units, or approved equal) shall be installed
within the site drainage system to p.,r.,event pgllutants deposited within the site from entering the
San Francisco Bay. Plans for these filters shall be submitted to the Engineering and Water
Quality Control Divisions for review and approval.
Conditions of Approval
PP-01-013
As approved by the Redevelopment Agency March 28, 2001
Page 4 of 11 ....
3. The applicant shall submit a Storm Water Pollution Prevention Plan (SWPPP) for this site, prior
to receiving a grading or building permit for the project.
4. The applicant shall comply with the requirements of the Bay West Cove Specific Plan, the
property D.C.C. & R's and any development and improvement agreements or arrangements,
between the City and the applicant, that may affect the development of the subject project. In
particular, the applicant shall pay the Oyster Point Overpass Fee for the building constructed on
this site, less any applicable funds previously paid by AutoNation for Parcel 1 of the Bay West
Cove site, prior to receiving a building permit. The fee, if paid in February 2001, is. calculated as
follows:
Trip/Contribution Calculation for the subject Marriott Hotel:
350 Room Hotel @ 10.5 trips per room = 3,675 new daily vehicle trips
3,675 trips X $154 X (7452.57/6552.16) = $643,724
5. Prior to receiving a building permit for the proposed hotel, the applicant shall pay their fair share
of ali off-site mitigation measures adopted by the approved project EIR, including fair share
payments toward up-grading Pump Station No. 4 on Harbor Way and reimbursing the City for a
portion of the Harbor Way trunk sewer replacement project. Also, ak~ppropriate, mitigation
improvements within the site, such as the expansion and improvement of the existing Bay West
Cove sanitary sewer pump station, shall be designed by the applicant's consultants, shown on the
applicant's building permit plans and constructed by the applicant, at no cost to the City, prior to
receiving an occupancy permit forthe Hotel.
6. The applicant shall agree to dedicate, on City demand, 12 feet of right-of-way along Veterans
Boulevard necessary to complete improvements to Veterans Boulevard identified in the project
EIR. When and if the City determines that the improvement is needed, all Bay West Cove
property owners shall share in the cost, and shall design and construct the improvement, as
outlined in the Bay West Cove Supplemental EIR and Owner Participation Agreement. In
evaluating the need for the improvement the City shall base its determination on Level of Service
standards. Should the LOS for the southbound approach degrade below LOS D, the mitigation
measure identified in the SEIR would be triggered.
(Engineering Division contact: Richard Harmon (650) 829-6652)
C. Police Department requirements shall be as follow:
1. Site Plan, Parkine, and Circulation
a. Need further details regarding the circulation patterns elevations and proposed security
measures within the proposed parking structure.
Conditions of Approval
PP-01-013
As approved by the Redevelopment Agency March 28, 2001
Page 5 of 1
b. All handicapped, compact, loading/unloading, and delivery parking spaces shall be
clearly marked with pavement markings and appropriate signs.
c. Parking spaces that overhang a 6 foot wide landscape strip or sidewalk may be a
minimum of 16 feet in depth.'
d. Circulation aisles and backup space shall be a minimum of 2:5 feet in width.
e. The applicant shall install directional signs, traffic control devices, and traffic circulation
markings where appropriate or required on site.
f. Parking lots, aisles, passageways, recesses, and grounds contiguous to buildings shall be
provided with high intensity discharge lighting with sufficient wattage to provide
adequate illumination for the safety and security of vehicles and pedestrians using the site
during the hours of darkness or diminished lighting. Such lighting shall be equipped with
vandal-resistant covers/lenses.
1) A lighting level of 1 to 2 footcandles minimum maintained at ground level is
required in all Open vehicle and pedestrian areas. Cov.e~r.ed parking areas shall be
illuminated at a level of 5 footcandles minimunvartaintained at all hours.
2) All exterior doors shall be adequately illuminated at all hours with their own light
source.
3) Exterior door, perimeter, canopy, and parking area lights shall be controlled by
photocell and shall remain on during the hours of darkness or diminished lighting.
4) The lighting required above shall be installed according to a lighting plan
reviewed and approved by the Police Department prior to issuance of a building
permit. The lighting plan shall include photometric and distribution data attesting
to the required lighting levels. The current submittal lacks sufficient detail in
order to determine whether lighting shown 'is acceptable for the site.
g. All entrances to the parking area shall be posted with appropriate signs per 22658(a)
CVC, to assist in removing vehicles at the property owner's/manager's request. For
additional details, contact the Traffic Bureau at 877-8948.
h. Space should be designated and clearly marked near the main entrance for hotel shuttle
parking and for hotel registration parking.
i. The perimeter landscaped ar0as shal.[ incorporate security type plant materials to
discourage persons from cutting through the parking areas or trampling the vegetation or
climbing perimeter fences and walls.
Conditions of Approval
PP-01-013
As approved by the Redevelopment Agency March 28, 2001
Page 6 of 11 ..
j. The outside of the perimeter barrier shall be clearly posted with no trespassing signs.
k. The perimeter of the site shall be fenced, during construction and security lighting and
security guards shall be employed and deployed as necessary.
2. Security and Safety Plan Information
The applicant shall provide the Police Department with documented safety/security plan for the
project detailing systems that the applicant intends on installing to protect patrons; visitors,
employees, and company property/assets on site. The Police Department shall review and
approve the plans prior to issuance of a building permit. The plan shall detail issues such as
safes to be installed, room rekeying systems, deployment of security personnel, safe deposit
boxes, etc.
3. Use Conditions
The applicant shall discourage and control the renting of hotel sleeping units to persons
(especially minors) for the purpose of hosting parties on site. The applicant shall immediately
deal with problems that result from such activity and shall provide adequate security and
supervision so unruly gatherings do not become a burden on police s~'~ices. '
4. Special Security Measures
Prior to issuance of a building permit, the following areas shall be addressed to the satisfaction of
the Police Department Crime Prevention Unit:
a. Alarms
1) Storage rooms, food and liquor storage, pantry, roof access doors, mechanical,
electrical, and other room doors which contain property that may be susceptible to
theft, shall be covered by a silent intrusion alarm system. These systems may
terminate at the front desk.
2) The business shall be equipped with a central station silent robbery alarm system.
Alarm buttons or other activation devices shall be placed at the front desk, in the
administration office, and in any other locations deemed appropriate by
management.
NOTE:To avoid delays in occupancy, alarm installation steps should be taken
well in advance of th.e, final ipspection.
b. Misc. Special Security Measures
Conditions of Approval
PP-01-013 ~
As approved by the Redevelopment Agency March 28, 2001
Page 7 of 11
1) A time delay drop-safe type system is required near the registration desk area to
provide the on-duty clerks with the ability to limit available cash on hand. Any
safe on site will have a minimum rating of TL-15 or class 'C' and should be
equipped with a duress alarm capability.
2). One or more closed circuit television cameras shall be employed to monitor the
front desk and lobby areas, any building access doors not monitored by the
reception desk and all covered parking areas in case of robbery or other serious
felony. The cameras will act as both a criminal deterrent and tool for later
identification of criminal suspects. Additional cameras should be considered to
monitor other areas of the complex, such as other ground-floor'entry doors, if
access is not limited to the front entry after dark, and any vending area lacking
direct surveillance by front desk personnel.
3) The applicant shall provide a clearly designated security person 24 hours daily,
365 days per year. This may be accomplished through use of shuttle drivers,
__ maintenance, or management personnel, etc. The complex shall employ a
uniformed security person from at least 7:00 pm to 6.:9.0 am to patrol the parking
areas, hallways, and other public areas on site.-,Security activities shall be
coordinated with other hotel and site security personnel in the Oyster Point Area.
4) Access into miscellaneous storage, linen, laundry, food and beverage storage areas
shall be strictly controlled.
5) As much care as possible shall be taken not to impair the view of the registration
desk and lobby areas by passing patrol units outside the business. Use of such
vision restrictors, as potted plants, draperies, reflective window treatments, etc.
should be closely monitored.
6) The elevators in the complex shall be equipped with convex mirrors to allow
persons to view the interior of the car before entering.
7) Ali motel property should be marked with a unique identification number with a
detailed inventory (with serial numbers listed) kept on appropriate items subject to
a high risk of theft. If a commercial identification number is desired, call the
Crime Prevention Unit at 877-8927 for details.
_ _ 8) Motel guests shall be provided with the ability to lock valuables in safety deposit
boxes in the office area or safes in their room. Designated hotel management staff
shall closely control the safety deposit boxes.
9) Any vending machines installed on site should be positioned in such a location
Conditions of Approval
PP-01-013
As approved by the Redevelopment Agency March 28, 2001
Page 8-of 11
that they are visible to passersby and/or the registration desk and shall be emptied
of money daily and sign posted to indicate this provision.
10) The applicant shall have the responsibility of assuring that the perimeter of the
construction site is fenced during construction with security lighting and guard
patrols employed as necessary. If the general contractor is assigned this
responsibility, it shall be the applicant's responsibility to assure compliance.
11) The applicant shall master key all entry and exit doom to only allow access to the
building or common use rooms (recreation) or guest rooms with guest room keys
only and shall institute a policy to always keep ali doom (except the main entry
doom) closed and locked at all times. Building access doors from covered parking
areas shall be equipped with self-closing devices.
12) The applicant shall install a system, which will allow the individual guest room
locks to be easily rekeyed on a frequent basis. (A computer based card access
sYstem or a hard key computer based system is encouraged. These systems allow
the television theft alarms, smoke detectors, and any emergency type alarm
systems to be reported to the front desk through,,&he salnie remote transmission
device. It also restricts the ability of hotel employees to reenter moms when not
authorized and allows easy cancellation of keys from the system.) If a computer
based system is not feasible, then a manual System shall be instituted to rotate
locks on a regular basis by maintenance personnel or a cOntracted locksmith.
Marking or tagging room keys with room numbers is discouraged.
13) The applicant shall design, the registration area to provide maximum visibility into
any ground floor vending area and all entry doom.
14) Television sets in guest rooms shall be equipped with substantial lockdown
devices.
15) Whenever an event is scheduled at the Hotel that solicits attendance via any media
outlets, i.e. radio stations or newspapers, and is not restricted to invited attendees,
such as wedding or other private parties, the Management shall notify the South
San Francisco Police Department. The South San Francisco Police Department
will evaluate the event and may require that the sponsor of this event hire officers
to provide security for the event. This is authorized by South San Francisco
__ Municipal Code Chapter 6.48.
5. Municipal Code Compliance "" "
The applicant shall comply with the provisions of Chapter 15.48 of the Municipal Code,
Conditions of Approval
PP-01-013
As approved by the Redevelopment Agency March 28, 2001
Page 9 of 11
Minimum Building Security Standards Ordinance, .revised May 1995. The Police Department
reserves the right to make more specific security and safety conditions upon receipt of
detailed/revised plans.
6. Building and Room Security Requirements
a. Doors
1) Employee/pedestrian, unit entry, storage, linen, laundry, mechanical, electrical,
maintenance, and roof access doors shall be of solid core wood or hollow sheet
metal with a minimum thickness of 1-3/4 inches and shall be secured by a
deadbolt lock with a minimum throTM of one (1) inch.
2) Entrance doors into individual units shall be secured with a single-cylinder
deadbolt lock with a minimum throw of one inch, in addition to door latches with
a one-half inch minimum throw. The locks should be so constructed that both
deadbolt and dead latch can be retracted by a single action of the inside door knob.
3) A viewing device (or peephole) shall bc installed in e.a.c.h individual unit entrance
door and shall allow for 180°visions.
4) 180° viewing devices (or peepholes) shall be installed in
office/administration/registration area entry doors to screen persons before
allowing entry.
5) Outside hinges on all exterior doors shall be provided with non-removable pins
when pin-type hinges are used or shall be provided with hinge studs, to prevent
removal of the door.
6) Exterior doors into hotel hallways and doors leading into stairwells shall have
self-locking (dead latch) devices allowing egress to the exterior of the building or
stairwell but requiring a key to be used to gain access to the interior of the
building from the outside or covered parking areas or into the hallway from the
stairwell.
7) Exterior doors into motel buildings and doors leading into stairwells shall be
equipped with self-closing devices.
__ b. Windows
1) Windows capable of being opened shall be constructed so that when the window
is locked it cannot be lifted from the frame (sliding).
Conditions of Approval
PP-01-013
As approved by the Redevelopment Agency March 28, 2001
Page lOof 11
2) The sliding portion of a sliding glass window shall be on the inside track.
3) Window locking devices shall be capable of withstanding a force of 200 lbs. in
any direction.
4) Secondary locking devices are required on ground-floor windows and any
windows accessible from outside connecting balconies.
c. Numbering
1) The address number of every commercial building shall be illuminated during the
hours of darkness so that it shall be easily visible from the street. 'The numerals in
these numbers shall be no less than six inches in height and of a color contrasting
with the background.
2) Each individual unit within the building shall display a prominent identification
number not less than two (2) to four. (4) inches in height, which is easily visible to
__ Pedestrian traffic on site.
d. Interior.Lighting ..... :. '-''
Stairwell, hall, and elevator lighting shall be equipped x~th vandal-resistant lenses and shall
remain on at ali times.
e. The covered parking areas shall be designed with grillwork over openings to control and
restrict pedestrian access to the vehicle entry driveways.
The Police Department encourages the applicant and his various representatives to contact this
department for coordination and clarification of any security conditions. Or any concerns on this project
well in advance of the public hearing, building permit, and construction phases of the project.
(Police Department contact person: Sgt. Mike Massoni, 877-8927)
D. Fire Prevention/Building Division requirements shall be as follow:
1. Stairwell adjacent to service elevator shall lead directly to exterior or provide an exit enclosure.
2. Standpipes in vestibules shall not obstruct access and wheelchairs.
(Co.ntact: Rocque J. Yballa, Assistant Fire Marshal: (650) 829-6670)
E. Water Quality Control Department requirements shall be as follow:
Conditions of Approval
'__. PP-01-013
As approved by the Redevelopment Agency March 28, 2001
Page 11 of 11 ..
1. Once constructed the onsite catch basins are to be stenciled with the approved San Mateo
Countywide Stormwater Logo. Contact Ray Honan at Water Quality Control for details. (650)
877-'8634
2. In accordance with the Municipal Code and Federal law, new stormwater pollution control
devices CDS Units/Stormceptors are to be installed in any new drainage inlets. In addition, the
applicant is required to submit a maintenance schedule for these units. Submit schedule to the
Environmental Coordinator.
3. Although, the subject property is less than 5.0 Acres its closeness to San Francisco Bay requires a
Stormwater Management Plan. For details contact Ray Honan at Water Quality (650) 877-8634.
4. The applicant shall pay a Sewer Connection Fee based on 350 room's full service hotel.
5. Separate water meters are required for building and landscape.
6. A Grease Interceptor is required for the restaurant.
7. An Erosion Control Plan with winterization is required before,anY grading can take place. Submit
plan to the Environmental Coordinator.
8. The City's Pump Station No. 2 located at 955 Gateway Boulevard should be addressed. It
currently has two pumps capable of pumping 1,000 gpm each.
9. Additional comments will be provided when building plans are received.
(Contact Ray Honan, Environmental Coordinator: (650) 877-8634)
Exhibit P
HOTEL PARCEL PRECISE PLAN
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Exhibit 0
SUPPLEMENT TO THE MITIGATION AND MONITORING PROGRAM
SUPPLEMENT TO THE MITIGATION MONITORING PROGRAM
BAY WEST COVE COMMERCIAL PROJECT
CITY OF SOUTH SAN FRANCISCO
SEPTEMBER, 2001
On Nov. 21, 2000, the City Council and Redevelopment Agency of the City of South San
Francisco approved a Mitigation, MonitOring and Reporting Program 0VIMRP) for development
of the Bay West Cove Commercial Project. Measures were defined to monitor and repOrt
progress in implementation of the mitigation measures that were defined in the certified
Supplemental Environmental Impact RePort on the project.
Since that time, an Addendum to the SEIR has been prepared for consideration by decision-
makers. The Addendum evaluates potential new or revised impacts that would result fi.om a
proposed change in the project description. Based upon the revised project description, the
Addendum outlines one new impact, in Section 14.2.10: Potential Capacity Shortfalls in
Existing, Off-Site Wastewater Collection Facilities. This new impact requires mitigation
measures which shall be implemented through the revised MMRP. The following table
summarizes steps to its implementation. Other existing measures in the MMRP shall remain in
effect for implementation of the Addendum.
Significant Impact: Section 14.2.10 potential capacity shortfalls in existing; off-site
wastewater collection facilities (pump station #2 on Gateway Blvd.).
Mitigation Measure: Evaluate existing components and projected flow rates. If additional capacity
is needed, developers would improve the station as necessary or pay the
project's fair chare of costs to support construction by others at a later date.
The City should develop a sewer collection model for the future development
of the East of 101 Area. Benefiting property owners of developers could' make
a fair share contribution to the cost of the model and the costs of
improvements, according to a schedule established by the Department of
Public Works.
Responsible Party: Developers at direction of City Engineer
When to accomplish: Before the proposed project is connected to the City's wastewater collection
system.
Who to verify: City of South San Francisco City Engineer
BavWestAddendum2
August 27, 2001 29 Morehouse Associates/Andrew Leahy, P.E.
Conditions of Approval
RE: Bay West Cove Planning Area 1 (Hines), PP/PM-00-060/Mod 1
Date: September 26, 2001 ....
Page 15 of 17
receptacles, etc., shall not encroach on this 4' minimum width. Also, note that sidewalk slopes
and side slopes shall not exceed published minimums per California Title 24, Part 2.
23. Minimum elevator car size (interior dimension) is 68" wide and 51" deep, with a clear door
width of 36". Also, at least one elevator car per tower shall accommodate a stretcher, 80" wide
and 54" deep with a 42" wide door opening.
24. School fees will be required for the project. School fees for commercial projects are computed
at $0.33 per square foot of interior space. Residential construction is currently computed at
$2.05 per square foot of living area. Calculations are done by the SSFUSD and those fees are
paid directly to them prior to issuance of the building permit.
25. In the service areas, mechanical ventilation will be required capable of exhausting a
minimum of 1.5 cubic feet per minute per square foot of gross floor area. Connecting
offices, waiting rooms, restrooms, and retail areas shall be supplied with conditioned air
under positive pressure.
26. Maximum travel distance from any point within the office buildings to an exit shall be 250'
unless rated corridors are used. Maximum travel distance from any point within the Parking
Structure to an exit shall be 300' unless rated corridors a~e used.
27. Handicapped parking spaces must be provided according the following table and must be
uniformly distributed throughout the site.
Total Number of Parking Minimum Required Number of
Spaces H/C Spaces
Provided
1 to25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 .,.. .. 9
501 to 1,000 Two percent of total
1,001 and over Twenty, plus one for each 100
or fraction thereof over 1,001
Conditions'of Approval
RE: Bay West Cove Planning Area 1 (Hines), PP/PM-00-060/Mod 1
Date: September 26, 2001 -'
Page 16 of 17
28. At least one handicap parking space must be van accessible; 9 feet wide parking space and 8
feet wide off- load area. Additionally, one in every eight required handicap spaCes must be van
accessible.
29. Minimum shower size is either 60" wide by 30" deep or 42" wide by 48" deep.
30. This site may contain particularly caustic and/or corrosive soils. Mitigating design for any
in-ground piping systems or reinforcing elements which may be detrimentally affected will
need to be addressed during design.
31. On site fire hydrants will be required.
32. Fire lanes must be designated; painted and signed.
33. Knox box keYed entry system is required at designated access doors.
34. Compressed air system required on every other floor (in a singl,-st£~vell) with filling outlet
for the refilling of self-contained breathing apparatus used by firefighters while fighting a
high-rise fire that is regularly serviced and maintained (Unless otherwise required by the
Fire Marshal/Chief Building Official).
35. Hose cabinets on each floor (in a single stairwell) shall be equipped with 150' of double .
jacketed 1"3/4 hose, (1)-2"1/2" to 1"3/4 reducer, and (1)-1"1/2 plastic fog nozzle with shut-
offthat is regularly serviced and maintained. (Unless otherwise required by the Fire
Marshal/Chief Building Official)
(Contact: Jim Kirlcman, Fire Marshal/Chief Building Official: (650) 829-6670)
E. Water Quality Control DePartment requirements shall be as follow:
1. In accordance with the Municipal Code and Federal law, new stormwater pollution control
devices stormceptor/CDS units are to be installed in any new drainage inlets and existing
drainage inlets are to be retrofitted with fossil filters within the subject parcel. In addition,
the applicant is required to submit a maintenance schedule for the fossil filters and/or
stormceptor/CDS Units. Submit schedule to the Environmental Coordinator.
2. The site is over 5 Acres and a Stormwater Management Plan is required. Plan shall be
completed and submitted before the' Building Permit is issued.
3. The applicant shall pay a Sewer Connection Fee based on the type of tenant occupancy.
4. An Erosion and Sediment Control Plan is required for this site.
Conditions of Approval
RE: Bay West Cove Planning Area 1 (Hines), PP/PM-00-060fMod 1
Date: September 26, 2001 -' "
Page 17 of 17
5. Additional comments will be provided when building plans are received.
6. A grassy swale is to be constructed in the area that parallels the railroad tracks.
7. As discussed previously the developer will pay a fair share to the upgrades of pump Stations
2, 4, and 14 and necessary collection system upgrades if required.
(Contact Ray Honan, Environmental Coordinator: (650) 877-8634)
Exhibit C
IMPROVEMENTS
Participant shall, at its own cost and expense, provide or cause to be provided on the
Property the improvements as shown and in the manner described in the SpeCific Plan, the Office
Parcel Precise Plan, and the Hotel Parcel Precise Plan, which improvements shall constitute the
Improvements as defined herein. The Improvements shall be consistent and in conformity with
the Specific Plan, the Office Parcel Precise Plan, the Hotel Parcel Precise Plan, and the
Construction Plans. Nothing in this paragraph limits the last paragraph of SeCtion 2.10.
Generally, and without limiting the preCeding paragraph, the Improvements include three
(3) research and development office buildings comprising up to 390,000 square feet (made up of
two (2) approximately 120,000 square foot buildings and one (1) approximately 147,000 square
foot building) and one (1) office building comprising approximately 223,000 square feet on the
Office Parcel; approximately 20,000 square feet of retail/restaurant space on the Office Parcel; a
full-service hotel with no more than 350 rooms on the HOtel Parcel; a minimum 3,000 square
foot restaurant with approximately 100 seats on the Property (if on the Office Parcel, such use is
included in the 20,000 square feet of retail/restaurant); and related on-site parking facilities in
parking structures and surface lots on the Office Parcel and Hotel Parcel. The restaurant is
located in the hotel on the Hotel Parcel.
The hotel on the Hotel Parcel shall be designed, developed and cmastmcted to satisfy all
requirements necessary to meet a Four Diamond rating as establish'~'by the most recent
Diamond Rating Guidelines published by the American Automobile Association in plac6 as of
the Effective Date (a copy of the current edition is attached hereto as Exhibit J).
Ifa childcare facility is to be'constructed on the Property pursuant to the terms of this
Agreement, then the term "Improvements" as used herein shall also include such childcare
facility and related improvements.
Exhibit E
OFFICE PARCEL PRECISE PLAN
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Exhibit G
SCHEDULE OF DEVELOPMENT
Office Parcel
The following is Participant's anticipated time for Completion of the Improvements on
the Office Parcel:
1. Construction of the first research and development office building on the Office
Parcel shall be Completed by June 1, 2003.
2. Construction of the second research and development office building on the
Office Parcel shall be Completed by January 1, 2005.
3. Construction of the third research and development office building on the Office
Parcel shall be Completed by January 1, 2005.
4. Construction of the office building on the Office Parcel shall be Completed by
September 1, 2005.
Participant, on behalf of itself and its successors and assigns, agrees that, for purposes of
the potential payment of penalties as described in Section 2.10, construc, tj.on of all Improvements
on the Office Parcel shall be Completed no later than five (5) years,~ter the Effective Date,
subject to delays permitted by Section 7.5. If a childcare facility is to be constructed on the
Office Parcel, it shall be Completed within'the time period in which all other Improvements on
the Office Parcel must be Completed. The penalties described in Section 2.10 Shall be payable
only if the five (5) year deadline (subject to delays permitted by Section 7.5) stated in this
paragraph is not met.
Hotel Parcel
The following is Participant's anticipated time for Completion of the Improvements on
the Hotel Parcel: Construction of the hotel on the Hotel Parcel shall be Completed by September
30, 2003.
Participant, on behalf of itself and its successors and assigns, agrees that, for purposes of
the potential payment of penalties as described in Section 2.10, construction o£all Improvements
on the Hotel Parcel shall be Completed no later than five (5) years after the Effective Date,
subject to delays permitted by Section 7.5. If a childcare Facility is to be constructed on the
Hotel Parcel, it shall be Completed within the time period in which all other Improvements on
the Hotel Parcel must be Completed. The penalties described in Section 2.10 shall be payable
only if the five (5) year deadline (subject to delays permitted by Section 7.5) as stated in this
paragraph is not met.
Exhibit O
CONDITIONS OF APPROVAL FOR HOTEL PARCEL PRECISE PLAN