HomeMy WebLinkAboutPC Meeting 12-24-19 (Reso 2841-2019) - 418 Linden and 201 Grand RESOLUTION NO. 2841-2019
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
RESOLUTION MAKING FINDINGS AND RECOMMENDING CITY COUNCIL
APPROVE THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR
DEVELOPMENT OF PROPERTIES LOCATED AT 418 LINDEN AVENUE, IN THE
DOWNTOWN TRANSIT CORE DISTRICT, AND 201 GRAND AVENUE, IN THE
GRAND AVENUE CORE DISTRICT, IN ACCORDANCE WITH SOUTH SAN
FRANCISCO MUNICIPAL CODE CHAPTER 19.06, TITLE 20.
WHEREAS, the real properties located at 201-219 Grand Avenue (“201 Grand Avenue”) located
in the City of South San Francisco, California, known as Assessor Parcel Numbers (“APNs”) 012-
316-110, 012-316-100, 012 -316-090 and 012-316-080, are Successor Agency to the
Redevelopment Agency of the City of South San Francisco (“Successor Agency”); Properties;
and
WHEREAS, the real property located at 418 Linden Avenue (“418 Linden Avenue”) located
in the City of South San Francisco, California, known as APN 012-314-010, is a City of South
San Francisco (“City”) owned property; and
WHEREAS, in December 2015 the City approved entitlements for a residential project at 418
Linden Avenue and a mixed-use project at 201 Grand Avenue (“Project”); and,
WHEREAS, in December 2016, following a competitive process, the City and Agency selected a
developer, ROEM Development Corporation (“Developer”), to develop the 418 Linden Avenue
and 201 Grand Avenue Projects; and,
WHEREAS, the City Council certified an Environmental Impact Report (“EIR”) on January 28,
2015 (State Clearinghouse number 2013102001) in accordance with the provisions of CEQA and
CEQA Guidelines, which analyzed the potential environmental impacts of the development of the
Downtown Station Area Specific Plan; and,
WHEREAS, the 418 Linden Avenue and 201 Grand Avenue Projects are both within the
Downtown Station Area Specific Plan (“DSASP”) area and were found to be within the parameters
analyzed within the DSASP EIR; and,
WHEREAS, the Project will 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 DSASP EIR, and wound not constitute a change in circumstances that would require
additional environmental review; and,
WHEREAS, the Planning Commission held a properly noticed public hearing on July 6, 2017 to
solicit public comment and consider the proposed entitlements, take public testimony, and make a
recommendation to the City Council on the Project; and
WHEREAS, on September 6, 2017, the City Council (“Council”) approved two Purchase and Sale
Agreements, two Affordable Housing Agreements (“AHAs”), and a Development Agreement
between the City and the Developer for the properties at 201 Grand Avenue and 418 Linden
Avenue; and
WHEREAS, pursuant to Section 7.2 of the Development Agreement, any amendment to the
Development Agreement which the City determines is minor and does not substantially affect the
term and schedule of performance is considered an administrative agreement amendment; and
WHEREAS, in January 2018, Developer requested more time to develop a demolition strategy
and demolition drawings and requested a 120 day extension to the Performance Schedule in the
Purchase and Sale Agreements and Development Agreement without adjusting the overall project
completion date; and
WHEREAS, on March 28, 2018, Developer and City entered into the First Administrative
Amendments to the Purchase and Sale Agreements and Development Agreement (“First
Amendment”) to modestly extend the deadlines within the Performance Schedule in order to
provide sufficient time to undertake the complex demolition presented at 201-219 Grand Avenue;
and
WHEREAS, in July 2018, Developer received Housing Authority of the County of San Mateo
(“HACSM”) vouchers for twelve of the Below Market Rate units (“BMRs”), which will provide
approximately $1.5 million to finance the project; and
WHEREAS, in July 2018, Developer entered into the Second Amendment to the Development
Agreement extending the deadlines by a further 90 days; and
WHEREAS, on November 14, 2018, the City Council authorized City staff to prepare the
documentation approving the one-year time extension, an adjustment in the Affordable Housing
Agreement’s AMI from 20 percent to 100 percent, and demolition prior to conveyance; and
WHEREAS, the one-year extension and the adjustment in the AMI do not impact the City’s
General Fund; and
WHEREAS, the Performance Schedule in the Development Agreement now needs to be further
amended in order to accommodate the one-year extension, as set forth in Exhibit A; and
WHEREAS, the Developer has not requested a change in entitlements, and the Project as currently
entitled is located within the DSASP area and remains within the parameters analyzed within the
DSASP EIR; and,
WHEREAS, the proposed Third Amendment to the Development Agreement will 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 DSASP EIR, and would not constitute
a change in circumstances that would require additional environmental review; and,
WHEREAS, pursuant to Section 19.60.100 of the South San Francisco Municipal Code, the
proposed Third Amendment to the Development Agreement is consistent with the objective,
polices, general land uses and programs specified in the General Plan and the Downtown Station
Area Specific Plan District to provide high density residential housing; is compatible with the uses
authorized in, and the regulations prescribed for the Downtown Transit Core and Grand Avenue
Core sub-districts; is in conformity with public convenience, general welfare and good land use
practice because the project will provide BMR units for City residents; will not be detrimental to
the health, safety and general welfare; and will not adversely affect the orderly development of
property or the preservation of property valued.
WHEREAS, the Planning Commission held a properly noticed public hearing on January 24, 2019
to solicit public comment and consider the proposed Third Amendment to the Development
Agreement, take public testimony, and make a recommendation to the City Council on the Project;
and
NOW, THEREFORE, based on the entirety of the record before it, which includes without
limitation, the California Environmental Quality Act, Public Resources Code §21000, et seq. and
the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the South San Francisco
General Plan, and General Plan EIR; the Downtown Station Area Specific Plan and the Downtown
Station Area Specific Plan EIR; the South San Francisco Municipal Code; the Project applications;
all site plans, and all reports, minutes, and public testimony submitted as part of the Planning
Commission’s duly noticed meetings on July 6, 2017 and January 24, 2019; and Planning
Commission deliberations; and any other evidence (within the meaning of Public Resources Code
§21080(e) and §21082.2), the Planning Commission of the City of South San Francisco hereby
finds as follows:
A. General Findings
1. The foregoing recitals are true and correct and incorporated herein as part of this
Resolution.
2. The Third Amendment to the Development Agreement and its attachments, attached hereto
as Exhibit A is incorporated herein by reference and made a part of this Resolution, as if
they were each set forth fully herein.
3. 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 the Chief Planner, Sailesh Mehra.
4. The 418 Linden Avenue and 201 Grand Avenue Projects are consistent with the General
Plan by creating a mixed-use environment that emphasizes pedestrian-activity with
buildings built up to the property line on Linden Avenue and Grand Avenue, respectively,
provide well-articulated and visually engaging development that implements the goals of
the Downtown Station Area Specific Plan, are consistent with the City’s Design Guidelines
as they relate to building design, form and articulation and, in the case of the 201 Grand
Avenue project, provide commercial uses along both Grand and Cypress Avenues.
B. Third Amendment to the Development Agreement
1. The Developer and City have negotiated a Third Amendment to the Development
Agreement pursuant to Government Code sections 65868 and 65867.5. The Third
Amendment Development Agreement and its attachments, 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 Third Amendment to the Development Agreement is
consistent with the objectives, policies, general land uses and programs specified in the
South San Francisco General Plan and any applicable zoning regulations.
2. The Third Amendment to 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.
3. The Development Agreement is in conformity with public convenience, general welfare
and good land use practice.
4. The Development Agreement will not be detrimental to the health, safety and general
welfare.
5. The Development Agreement will not adversely affect the orderly development of
property or the preservation of property values.
BE IT FURTHER RESOLVED, the Planning Commission of the City of South San
Francisco hereby makes the findings contained in this Resolution, and recommends that the City
Council adopt an ordinance approving a Third Amendment to the Development Agreement
between the City of South San Francisco and ROEM Development Corporation.
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately
upon its passage and adoption.
* * * * * * *
I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City
of South San Francisco at a regular meeting held on the 24th day of January, 2019 by the following
vote:
AYES: Ad-Hoc Vice-Chair Wong, Ad-Hoc Chair Faria, Commissioner Shihadeh
NOES: Commissioner Evans
ABSTENTIONS: Commissioner Tzang_ _
ABSENT: Vice- Chair Murphy_
Attest_/s/Sailesh Mehra__________
Secretary to the Planning Commission