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HomeMy WebLinkAboutPC Meeting 02-02-17 (Reso 2799-2017) - 180 El Camino Real RESOLUTION NO. 2799-2017 PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA RESOLUTION RECOMMENDING APPROVAL OF A THIRD AMENDMENT TO A DEVELOPMENT AGREEMENT BETWEEN EL CAMINO AND SPRUCE LLC AND THE CITY OF SOUTH SAN FRANCISCO TO MODIFY THE PHASING OF THE PROJECT CONSTRUCTION AND RELATED STANDARDS, LAWS AND PROCEDURES GOVERNING THE PROJECT FOR A PREVIOUSLY ENTITLED MIXED-USE PROJECT AT 180 EL CAMINO REAL AVENUE. WHEREAS, El Camino and Spruce LLC (“Owner” or “Applicant”) received entitlements for a mixed-use project on an approximately 14.5 acre site located at 180 El Camino Real; and, WHEREAS, on March 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. 1485-2014, approving and adopting a development agreement for the property at 180 El Camino Real (“Property”); and, WHEREAS, Applicant and City entered into a certain Development Agreement for the Centennial Village Project to permit the development of the Property with approximately 220,000 square feet of commercial/retail space and up to 284 residential rental units (“Project”), as approved and adopted by the City Council; and, WHEREAS, on August 26, 2015, the City Council adopted Resolution No. 109-2015 concerning an Administrative Agreement Amendment to Development Agreement between City and Applicant (“First Administrative Agreement Amendment”); and, WHEREAS, on May 1, 2016, the City Council and Successor Agency adopted Resolution No. 64-2016 concerning a Second Administrative Agreement Amendment between City and Applicant (“Second Administrative Agreement Amendment”); and, WHEREAS, Applicant has submitted a request for a Third Amendment to the Development Agreement to the City to allow for modifications to the phasing of the Project construction and related standards, laws and procedures governing the Project; and, WHEREAS, the City Council adopted an Initial Study/Mitigated Negative Declaration (“IS/MND”) on February 26, 2014 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 mixed-use development contemplated in the Third 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 IS/MND adopted by City Council, nor does the Third Amendment to the Development Agreement constitute a change in the Project or change in circumstances that would require additional environmental review; and, WHEREAS, Section 7.02(b) of the Development Agreement provides that any amendment to the Development Agreement that cannot be considered an Administrative Agreement Amendment shall be subject to recommendation by the Planning Commission and approval by the City Council following a duly noticed public hearing before the Planning Commission and City Council; and, WHEREAS, on March 2, 2017 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the Third Amendment to the Development Agreement, and make a recommendation to the City Council on the project. NOW, THEREFORE, BE IT RESOLVED 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, General Plan EIR and South El Camino Real General Plan Amendment EIR; the South San Francisco Municipal Code; the Project applications; all site plans, reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed March 2, 2017 meeting; 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: 1. The foregoing recitals are true and correct and made a part of this Resolution. 2. The Exhibit attached to this Resolution, the proposed Third Amendment to the Development Agreement (Exhibit A), is incorporated by reference and made a part of this Resolution, as if 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 Chief Planner, Sailesh Mehra. 4. The Third Amendment, in conjunction with the Second Administrative Agreement Amendment, the First Administrative Agreement Amendment and 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 Third Amendment, in conjunctions with the Second Administrative Agreement Amendment, the First Administrative Agreement Amendment and the Development Agreement, vesting a project for a mixed-use development of commercial and residential uses, is consistent with the objectives, policies, general land uses and programs specified in the South San Francisco General Plan and any applicable zoning regulations. 5. The Third Amendment, in conjunction with the Second Administrative Agreement Amendment, the First Administrative Agreement Amendment and 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 includes policies and programs that are designed to redevelop low-intensity commercial uses to pedestrian-oriented high intensity mixed use development, encourage concentrated higher-intensity activity on highly visible locations, promote visually intricate development, and provide space for enhanced pedestrian connections, require development to be oriented to El Camino Real and the suitability of the site for development was analyzed thoroughly in the environmental document prepared for the Project. 6. The Third Amendment, in conjunction with the Second Administrative Agreement Amendment, the First Administrative Agreement Amendment and 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 which has planned for high intensity mixed use development at this location. 7. The Third Amendment, in conjunction with the Second Administrative Agreement Amendment, the First Administrative Agreement Amendment and 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 in compliance with all applicable zoning, subdivision, and building regulations of the City of South San Francisco. 8. The Third Amendment, in conjunction with the Second Administrative Agreement Amendment, the First Administrative Agreement Amendment and 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. NOW, THEREFORE, BE IT FURTHER RESOLVED that 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 the Third Amendment to the Development Agreement between the City of South San Francisco and El Camino and Spruce, LLC, attached hereto as Exhibit A and incorporated herein by reference. BE IT FUTHER 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 2nd day of February, 2017 by the following vote: AYES: Chairperson Faria, Vice Chairperson Nagales, Commissioner Ruiz, Commissioner Wong, Commissioner Shihadeh, Commissioner Tzang NOES: ABSTENTIONS:_______________________________________________________________ ABSENT: Attest_/s/Sailesh Mehra__________ Secretary to the Planning Commission