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Home My WebLink AboutPC Meeting 11-20-14 (Reso 2751-2014) - Britannia Cove DAA (2)RESOLUTION NO. 2751-2014 PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING 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. 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 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; 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. 2. The Exhibit attached to this Resolution, the proposed First 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, Susy Kalkin. B. Development Agreement 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of South San Francisco recommends that the City Council adopt an ordinance approving the proposed First Amendment to the Development Agreement between the City of South San Francisco and HCP Oyster Point III, LLC (attached as Exhibit A). 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 the regular meeting held on the 20th day of November, 2014 by the following vote: AYES: Chairperson Martin, Vice Chairperson Wong, Commissioner Giusti, Commissioner Khalfin, Commissioner Ochsenhirt, Commissioner Ruiz and Commissioner Zemke NOES: ABSTENTIONS: ABSENT: Attest: /s/Susy Kalkin Susy Kalkin Secretary to the Planning Commission Exhibit A First Amendment to the Development Agreement 2358107.1