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HomeMy WebLinkAboutOrd. 1365-2006 ORDINANCE NO. 1365-2006 AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT WITH ARE-EAST JAMIE COURT LLC FOR A TWO-BUILDING RESEARCH AND DEVELOPMENT COMPLEX ON A 6.13-ACRE SITE AT THE INTERSECTION OF EAST JAMIE COURT AND HASKINS WAY WHEREAS, on Novelnber 21,2002, the Planning Comlnission approved Use Pennit UP02- 0042 to construct a two building office/R and D complex on a 6.13-acre site at the southeast comer of Haskins Way and East Jmnie Court, adjacent to the San Francisco Bay; and WHEREAS, due to a significant downturn in the econOlny, the project applicant, ARE-East Jmnie Court, LLC has been unable to COlnmence project construction; and WHEREAS, in January of 2005, the applicant requested and was granted a one-year extension of permit approvals, and in accordance with South San Francisco Municipal Code Sections 20.81.090 and 20.82.120, no further extensions are provided for; and WHEREAS, the applicant has requested approval of a Developlnent Agreelnent which would extend the life of the entitlelnents for a period of ten years and would also clarify and obligate several project features and Initigation measures including public art, pump station and sewer main line ilnprovements, Initigation fees for traffic impacts and certain public safety enhancements; and WHEREAS, the two buildings totaling 133,000 square feet, with one building consisting of two stories over a parking level of 57,700 square feet, and a second building of three stories and 75,300 square feet constitutes the present proposed development and is the project subject to the terms of the Development Agreement ("Agreelnent"); and WHEREAS, a Mitigated Negative Declaration has been prepared which analyzes the anticipated enviromnental impacts of the proposed Project, which Mitigated Negative Declaration was adopted by the Planning Commission in Novelnber of 2002. In accordance with California Enviromnental Quality Act Guidelines section 15162, a new Negative Declaration is not required for the Inodifications to the Agreement since no changes are proposed that would likely result in additional environmental impacts or alteration of previously adopted mitigation measures; and WHEREAS, pursuant to Municipal Code section 19.60.050, the Director of EconOlnic and Community Developlnent reviewed the application for the Agreement and found the proposed Agreelnent to be in the proper form, determined that the application was complete, and referred the application and Agreement to the Planning Comlnission for a public hearing; and WHEREAS, on Novelnber 3rd, 2005, the Planning Commission held a properly noticed public hearing on the proposed Agreelnent for the East Jamie Court Agreelnent and recomlnended that the City Council approve the Agreement; and WHEREAS, on Decelnber 14, 2005, pursuant to Municipal Code section 19.060.110 the City Council conducted a property noticed public hearing on the proposed Agreement for the project. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1. Findings A. The proposed Development Agreement for the Project is consistent with the objectives, policies, general land uses and programs specified in the General Plan, as mnended and adopted. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of these doculnents. The Project provides for a two-building office and research and development cOlnplex in the Planned Industrial (P-1) Zoning District. The proposed project cOlnplies with all zoning, subdivision and building regulations and with the objectives, policies, general land uses and progrmns specified in the General Plan. B. The City Council has independently reviewed the proposed Development Agreement, the certified and adopted Housing Element, the General Plan, Chapters 20.78 and 20.84 of the Zoning Ordinance, Title 15 of the Municipal Code, and applicable state and federal law and has determined that the proposed Developlnent Agreement for the Project complies with all applicable zoning, subdivision, and building regulations and with the General Plan. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of these documents, oral and written evidence sublnitted at the public hearings on the Project, including advice and recOlnmendations from City staff. C. The proposed Development Agreelnent for the Project states its specific duration. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of the proposed Development Agreement and its determination that Section 2 of the Agreement states that the Agreement shall expire ten years from the effective date of the Agreelnent, which shall be concurrent with the adoption of the instant ordinance. D. The proposed Developlnent Agreement incorporates the permitted uses, density and intensity of use for the property subject thereto as reflected in the approved Conditional Use Pennit UP02-0042 by reference. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of the proposed Developlnent Agreement and its determination that Section 3 of the Agreelnent set forth the develoPlnent standards and the documents constituting the Project. E. The proposed Developlnent Agreelnent states the maximuln pennitted height and size of proposed buildings on the property subject thereto. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of the proposed Development Agreement and its detennination that Section 3 of the Agreement sets forth the doculnents which state the maximum pennitted height and size of buildings. SECTION 2. The City Council of the City of South San Francisco hereby approves the proposed Developlnent Agreelnent with ARE-East Jamie Court LLC, attached hereto as Exhibit A and incorporated herein by reference. SECTION 3. Severability. In the event any section or portion of this ordinance shall be detennined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall relnain in full force and effect. SECTION 4. Publication and Effective Date. Pursuant to the provisions ofGovernlnent Code Section 36933, a sUlmnary 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 Surmnary, 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 SUlnlnary, 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 becOlne effective thirty days frOln and after its adoption. * * * * * Introduced at a regular meeting of the City Council of the City of South San Francisco, held Decelnber 14,2005. Adopted as an Ordinance of the City of South San Francisco at a regular Ineeting of the City Council held the 11 th day of January 2006, by the following vote: AYES: Councibnelnbers Mark N. Addiego, Pedro Gonzalez, and Karvl Matsulnoto, Vice Mayor Richard A. Garbarino and Mayor Joseph A. Fernekes NOES: ABSTAIN: ABSENT: ATTES As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 11 th day of January 2006.