HomeMy WebLinkAboutOrd. 1494-2015 ORDINANCE NO. 1494-2015
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN ORDINANCE ADOPTING THE FIRST AMENDMENT TO
THE DEVELOPMENT AGREEMENT FOR THE
DEVELOPMENT OF A 20.1 ACRE SITE FOR THE
BRITANNIA COVE AT OYSTER POINT PROJECT IN THE
BAY WEST COVE SPECIFIC PLAN DISTRICT.
WHEREAS, HCP Oyster Point III, LLC ("Owner" or "Applicant") owns property
commonly known as Planning Area 1 of the Bay West Cove Specific Plan, and located at the
northern terminus of Gateway Boulevard; and,
WHEREAS, on February 26, 2014, after conducting all proceedings and making all
findings necessary for the valid adoption and execution of a development agreement for the
Property in accordance with Government Code Sections 65864 through 65869.5, the California
Environmental Quality Act ("CEQA"), and Chapter 19.60 of the Municipal Code, the City
Council adopted Ordinance No. 1483-2014, approving and adopting a development agreement
for the property at 101 Oyster Point Boulevard ("Property"); and,
WHEREAS, on June 6, 2014, Applicant and City entered into a certain Development
Agreement for the Britannia Cove at Oyster Point Project to permit the development of the
Property with an office/research and development ("R&D") campus, commercial, hotel, and
recreational open space uses ("Project"), as approved and adopted by the City Council; and,
WHEREAS, Applicant has submitted a First Amendment to the Development Agreement
to the City to allow modifications to the hotel development within the Project; and,
WHEREAS, the City Council certified an Subsequent Environmental Impact Report
("SEIR") on February 12, 2014 (State Clearinghouse number 1996-092081) in accordance with
the provision of the California Environmental Quality Act (Public Resources Code, §§ 21000, et
seq., "CEQA") and CEQA Guidelines, which analyzed the potential environmental impacts of
the Project; and,
WHEREAS, the modifications to the hotel development contemplated in the First
Amendment to the Development Agreement are minor in nature, the approval of which would
not result in any new significant environmental effects or a substantial increase in the severity of
any previously identified effects beyond those disclosed and analyzed in the SEIR certified by
City Council, nor does the First Amendment to the Development Agreement constitute a change
in the Project or change in circumstances that would require additional environmental review.
WHEREAS, the Planning Commission held a duly noticed public hearing on November
20, 2014, to solicit public comment and consider the proposed entitlements and take public
testimony, at the conclusion of which the Planning Commission recommended that the City
Council approve the First Amendment to the Development Agreement; and,
WHEREAS, the City Council held a duly noticed public hearing on December 10, 2014,
to consider the First Amendment to the Development Agreement and take public testimony.
NOW, THEREFORE, the City Council of the City of South San Francisco does hereby
ordain as follows:
SECTION 1. Findings.
That based on the entirety of the record before it, which includes without limitation, the
California Environmental Quality Act, Public Resources Code §21000, et seq. ("CEQA") and the
CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the South San Francisco
General Plan and General Plan EIR; the South San Francisco Municipal Code; the Project
applications; the 1997 Bay West Cove Commercial Project EIR, including the Draft and Final
EIR and all appendices thereto; the 2000 Bay West Cove Commercial Project Supplemental EIR,
including the Draft and Final EIR and all appendices thereto; the Britannia Cove at Oyster Point
Precise Plan Subsequent EIR, including the Draft and Final SEIR and all appendices thereto; all
site plans, and all reports, minutes, and public testimony submitted as part of the Planning
Commission's duly noticed November 20, 2014 meeting; all reports, minutes, and public
testimony submitted as part of the City Council's duly noticed December 10, 2014 meeting; and
any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the
City Council of the City of South San Francisco hereby finds as follows:
A. The foregoing recitals are true and correct.
B. The Exhibit attached to this Ordinance, the proposed First Amendment to the
Development Agreement (Exhibit A), is incorporated by reference and made a part of this
Ordinance, as if set forth fully herein.
C. The documents and other material constituting the record for these proceedings
are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue,
South San Francisco, CA 94080, and in the custody of Chief Planner, Susy Kalkin.
D. The Owner and City have negotiated a First Amendment to the Development
Agreement ("First Amendment") pursuant to Government Code section 65864 et seq. The First
Amendment, in conjunction with the Development Agreement, attached hereto as Exhibit A, sets
forth the duration, property, project criteria, and other required information identified in
Government Code section 65865.2. Based on the findings in support of the Project, the Planning
Commission finds that the First Amendment, in conjunction with the Development Agreement,
vesting a project for a campus-style development of office and R&D buildings and a hotel, is
consistent with the objectives, policies, general land uses and programs specified in the South
San Francisco General Plan, the Bay West Cove Specific Plan, and any applicable zoning
regulations.
E. The First Amendment, in conjunction with the Development Agreement is
compatible with the uses authorized in, and the regulations prescribed for the land use district in
which the real property is located. The subject site is suitable for the type and intensity of the
land use being proposed. The General Plan specifically contemplates the proposed type of
project and the suitability of the site for development was analyzed thoroughly in the
environmental document prepared for the Project.
F. The First Amendment, in conjunction with the Development Agreement is in
conformity with public convenience, general welfare and good land use practice in that the
project will implement land use guidelines set forth in the General Plan and the Bay West Cove
Specific Plan which have planned for campus-style development of office and R&D buildings
and a hotel at this location.
G. The First Amendment, in conjunction with the Development Agreement will not
be detrimental to the health, safety and general welfare because the project will proceed in
compliance with all of the policies and programs specified in the General Plan and the Bay West
Cove Specific Plan and in compliance with all applicable zoning, subdivision, and building
regulations of the City of South San Francisco.
H. The First Amendment, in conjunction with the Development Agreement will not
adversely affect the orderly development of property or the preservation of property values in
that the project will be consistent with the General Plan and the Bay West Cove Specific Plan.
SECTION 2. Approval of Development Agreement.
A. The City Council of the City of South San Francisco hereby approves the First
Amendment to the Development Agreement between the City of South San Francisco and HCP
Oyster Point III, LLC, attached hereto as Exhibit A and incorporated herein by reference.
B. The City Council further authorizes the City Manager to execute the Development
Agreement, on behalf of the City, in substantially the form attached as Exhibit A, and to make
revisions to such Agreement, subject to the approval of the City Attorney, which do not
materially or substantially increase the City's obligations thereunder.
SECTION 3. Severability.
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the
application of such part or provision to other persons or circumstances shall not be affected
thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are
severable. The City Council of the City of South San Francisco hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 4. Publication and Effective Date.
Pursuant to the provisions of Government Code Section 36933, a summary of this
Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council
meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the
Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within
fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the
summary, and (2) post in the City Clerk's Office a certified copy of the full text of this
Ordinance along with the names of those City Council members voting for and against this
Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and
after its adoption.
* * * * *
Introduced at a regular meeting of the City Council of the City of South San Francisco,
held the 10th day of December, 2014.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the 14th day of January, 2015 by the following vote:
AYES: Councilmembers Karyl Matsumoto, Pradeep Gupta, and Liza Normandy
Vice Mayor Mark N. Addiego and Mayor Richard A. Garbarino
NOES: None
ABSTAIN: None
ABSENT: None
ATT r ST: ' t/I!■
ir
tta IT. ine,i, City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the •regoing
Ordinance this 14th day of January, 2015. 4r
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Ri.•and A. Gar.arin., Mayor
Exhibit A
First Amendment to the Development Agreement