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HomeMy WebLinkAboutPC Meeting 05-16-13 (Reso 2732-2013) - GNE MP Amendment RESOLUTION NO.: 2732-2013 PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION MAKING FINDINGS AND RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING ZONING MAP AND ZONING TEXT AMENDMENTS TO CHAPTER 20.260 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE, AND ADOPT A RESOLUTION APPROVING AMENDMENTS TO THE GENENTECH 2007 MASTER PLAN WHEREAS, in March 2007, the City approved the Genentech Ten-Year Facilities Master Plan Update (“2007 Master Plan”), incorporating an Implementation Program and Master Transportation Demand Management (“TDM”) Plan for the project, which allowed for the development of the Genentech campus area, including an expanded biopharmaceutical research and development campus, together with certain office, manufacturing and distribution, and employee-serving uses; and WHEREAS, in an effort to ensure that the 2007 Master Plan remains a relevant policy document and implementation tool, Genentech has submitted an application to update the 2007 Master Plan, which includes an amendment to the Genentech Master Plan District zoning ordinance; and WHEREAS, the proposed zoning map and text amendment ordinance, as set forth in Exhibit A, would add four new properties to the Genentech Master Plan District zoning and add administrative procedures for the Genentech Master Plan District zoning; and WHEREAS, Genentech has also requested modifications to the 2007 Master Plan to include these new properties as well as modify the Master Plan Implementation Program, as set forth in Exhibit B; and WHEREAS, the applicable development agreement for Britannia East Grand Project which is leased by Genentech and is commonly referred to as the South Campus required development of approximately 8,000 square feet of retail/restaurant and a childcare facility pursuant to Parts 3 and 10(c), both of which are not necessary so long as the South Campus is operated as part of Genentech but would be necessary if Genentech was not leasing the entire South Campus or operating it as part of Genentech; and WHEREAS, the Zoning Map amendment adding the South Campus properties of approximately 27 acres to the Genentech Master Plan District includes two conditions intended to satisfy the childcare facility and retail/restaurant requirements set forth in Parts 3 and 10(c) of the Britannia East Grand Project Development Agreement; and WHEREAS, a “Notice of Special Restriction” has been prepared to provide official notice of additional conditions; and WHEREAS, Genentech previously submitted an application to update the 2007 Master Environmental Impact Report (“2007 MEIR”) prepared for the 2007 Master Plan; and WHEREAS, the 2007 MEIR considered the environmental impacts of development on Genentech’s 160-acre campus area within a broader 220-acre study area, of which 160 acres currently comprise the Genentech Master Plan District which is divided into the Lower, Upper, Mid, and West Campus neighborhoods and include a full range of functions including office, research and development, manufacturing space, amenities, and parking structures; and WHEREAS, the Planning Commission reviewed and carefully considered the information in the Draft Supplemental Master Environmental Impact Report and the Final Supplemental Master Environmental Impact Report (collectively, “SMEIR”) and staff report at a duly noticed public hearing held on October 18, 2012, and made findings, and certified the SMEIR, as an objective and accurate document prepared in compliance with CEQA; and WHEREAS, there have been no substantive changes since October 18, 2012 that would result in any additional environmental impacts, and therefore, no further environmental review is required; and WHEREAS, on May 16, 2013, the Planning Commission held a duly noticed public hearing to take public comment and consider a recommendation on the zoning map and text amendments and Master Plan amendments. NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record of proceeding 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 1999 General Plan (as amended from time to time) and General Plan Environmental Impact Report, including the 2001 updates to the General Plan and 2001 Supplemental Environmental Impact Report (and environmental review completed with subsequent General Plan amendments); the South San Francisco Municipal Code; the 2007 MEIR, the 2007 Master Plan, and the SMEIR; all reports, minutes, and public testimony submitted as part of the Planning Commission’s meeting held on May 16, 2013; and any other evidence (within the meaning of Public Resources Code § 21080(e) and § 21082.2), all of which are incorporated herein by reference, 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 Exhibits attached to this Resolution, including the proposed Zoning Map and Text Amendment Ordinance (Exhibit A) and the proposed Master Plan Amendments (Exhibit B), are each incorporated by reference as 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 the Chief Planner. 4. The proposed Zoning Map and Text Amendments and Master Plan Amendments are consistent and compatible with all elements of the City of South San Francisco General Plan. The General Plan includes policies and programs that are designed to encourage the development of high technology campuses in the East of 101 Area. B. Zoning Map and Text Amendments 1. The proposed Zoning Map and Text Amendments to Chapter 20.260 would add four additional parcels to the Genentech Master Plan District zone, and would reincorporate provisions related to the removal of properties from the Master Plan District, which were inadvertently deleted when the Research and Development Overlay District was amended and updated to the current Genentech Master Plan District in 2010. 2. As required under State law, the South San Francisco General Plan, and the South San Francisco Municipal Code, in support of the requested Zoning Map and Text Amendment, the Planning Commission finds as follows: (a) The proposed Zoning Map and Text Amendment is consistent with the General Plan and with the 2007 Master Plan, as proposed for amendment; (b) The property subject to the proposed Zoning Map and Text Amendment is suitable for the uses permitted in the proposed zone in terms of access, size of parcel, and relationship to similar or related uses; (c) The proposed Zoning Map and Text Amendment is not detrimental to the use of land in any adjacent zone; and (d) The proposed Zoning Map and Text Amendment is internally consistent with the City’s Zoning Ordinance, as proposed for amendment, since the amendment meets the requirements and standards of the Zoning Ordinance, and the procedural requirements of Chapter 20.550 (“Amendment to Zoning Ordinance and Map”). C. Genentech 2007 Master Plan Amendments 1. The Master Plan Amendments, as described in Exhibit B, are compatible with the intent and purpose of the 2007 Genentech Facilities Ten-Year Plan (“2007 Master Plan”) because the 2007 Master Plan, as proposed for amendment, will continue to provide a useful framework for Genentech’s growth, make necessary adjustments to the Implementation Program to address the changing needs of both the City and Genentech, establish a facility-wide architectural character, including a system of open space elements and a pedestrian and vehicular circulation plan linking buildings and uses together in a flexible, logical and orderly manner. 2. The 2007 Master Plan, as proposed for modification, is consistent with the South San Francisco General Plan, internally consistent with 2007 Master Plan, and consistent with the South San Francisco Municipal Code. The 1999 General Plan includes policies and programs for the East of 101 Area that are designed to provide appropriate settings for a diverse range of non- residential uses; direct and actively participate in shaping the design and urban character of the East of 101 Area; promote campus-style biotechnology, high-technology, and research and development uses; prepare signage and streetscape plan for the areas designated as Business Commercial, Business and Technology Park on the General Plan Diagram. Additionally, the General Plan has policies to encourage the development of employee-serving amenities with restaurants, cafes, support commercial establishments; and to facilitate waterfront enhancement. 3. The proposed development and/or construction standards of the 2007 Master Plan, as proposed for modification, are designed to achieve compliance with the development and/or construction standards that will continue to encourage facility-wide development standards and design guidelines consistent with the City’s General Plan and the East of 101 Area Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that the South San Francisco City Council adopt an ordinance approving Zoning Map, including the two conditions of approval, and Text Amendments to Chapter 20.260, attached as Exhibit A. BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that the South San Francisco City Council adopt a resolution approving amendments to the 2007 Genentech Facilities Ten-Year Plan, attached as Exhibit B. BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that the City Council approve the Notice of Special Restriction, attached hereto as Exhibit C. BE IT FURTHER RESOLVED that the 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 16th day of May, 2013 by the following vote: AYES: Chairperson Ochsenhirt, Vice Chairperson Martin, Commissioner Giusti, Commissioner Khalfin, Commissioner Sim and Commissioner Wong NOES: ABSTENTIONS: ABSENT: Commissioner Zemke Attest:__________________________________ Susy Kalkin Secretary to the Planning Commission Additional Conditions of Approval Applicable to Britannia East Grand Project 1. In the event that the Britannia East Grand Project is no longer leased to or owned by Genentech and operated as part of the Genentech Master Plan District, the property owner shall comply with the terms of Exhibit C-1, Section 1(B) of the First Amendment to the Development Agreement Related to the Britannia East Grand Project (as further modified by the Second Amendment to the Development Agreement Related to the Britannia East Grand Project) and as further modified to change the date by which the Owner shall obtain all necessary permits and commence construction of the childcare facility to not later than two years after the date the South Campus property is removed from the Genentech Master Plan District and shall complete construction and obtain a certificate of occupancy for the childcare center within four years after the date the South Campus property is removed from the Genentech Master Plan District. 2. In the event that the Britannia East Grand Project is no longer leased to or owned by Genentech and operated as part of the Genentech Master Plan District, the property owner shall obtain any necessary building permits and commence construction of the approximately 8,000 square foot retail/restaurant space required by Part 3 of the Britannia East Grand Development Agreement not later than two years after the date after the South Campus property is removed from the Genentech Master Plan District and shall complete construction for the retail/restaurant space within four years after the date the South Campus property is removed from the Genentech Master Plan District. 2081146.2 Exhibit A Proposed Zoning Map and Text Amendment Ordinance ORDINANCE NO. ________ CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA AN ORDINANCE MAKING REVISIONS AND CLARIFICATIONS TO CHAPTER 20.260 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE, RELATED TO THE GENENTECH MASTER PLAN DISTRICT WHEREAS, in March 2007, the City approved the Genentech Ten-Year Facilities Master Plan Update (“2007 Master Plan”), incorporating an Implementation Program and Master Transportation Demand Management (“TDM”) Plan for the project, which allowed for the development of the Genentech campus area, including an expanded biopharmaceutical research and development campus, together with certain office, manufacturing and distribution, and employee- serving uses; and WHEREAS, in an effort to ensure that the 2007 Master Plan remains a relevant policy document and implementation tool, Genentech has submitted an application to update the 2007 Master Plan, which includes an amendment to the Genentech Master Plan District zoning ordinance; and WHEREAS, the proposed zoning map and text amendment ordinance would add four new properties to the Genentech Master Plan District zoning and add administrative procedures for the Genentech Master Plan District zoning. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION I. AMENDMENTS. The City Council hereby amends the following sections of Chapter 20.260 of the South San Francisco Municipal Code to read as follows (with text in double strikeout indicating deletion and double underlined text indicating addition). Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. A. Amend the South San Francisco Zoning Map as indicated on Exhibit A, attached to this Ordinance. B. Amend Chapter 20.260 “GENENTECH MASTER PLAN DISTRICT” Table of Contents as follows: Sections: 20.260.001 Purpose 20.260.002 District Designation 20.260.003 Development Standards and Requirements 20.260.004 Transportation System Management 20.260.005 Removal of Lots from the Genentech Master Plan District 20.260.0056 Administration C. Add Section 20.260.005 “Removal of Lots from the Genentech Master Plan District” to read as follows: 20.260.005 Removal of Lots from the Genentech Master Plan District A. If a lot no longer qualifies to be included in the Genentech Master Plan District under the requirements contained in this Chapter, from and after the time that such lot no longer qualifies, an new use, construction, or demolition on that lot, shall conform with the provisions of the underlying zoning district as related provisions of the Code as they existed at the time of the initial reclassification of that lot to be included in the Genentech Master Plan District. However, any use, building, or structure that (i) is existing or under construction at the time that a lot no longer qualifies to be included within the District and (ii) is not hazardous or dangerous to public health or safety, shall be considered a nonconforming use, building, or structure that the lawful existing uses of those buildings or structures at the time of removal may be continued, despite that such uses may not conform to the underlying regulations specified for the district in which such buildings or structures are located. In the event of damage or destruction, such uses, buildings, or structures may be reconstructed and restored to the same extent that they existed before the damage or destruction, provide that there may be no expansion of the nonconformity beyond that which existed prior to the damage or destruction. B. Any property removed from the Genentech Facilities Ten-Year Master Plan may be removed from the Genentech Master Plan District upon receipt of a petition from Genentech and the property owner(s). Any such petition shall be processed in accordance with Division V. In addition to the requirements of Division V, the petition for removal shall include an acknowledgement that the properties remaining in the Genentech Master Plan District will be required to comply with the Genentech Master Plan District development standards then in effect, including but not limited to development standards related to vehicular and pedestrian access, or access to utility connections. C. If any property proposed to be removed from the Genentech Master Plan District would not comply with the existing development standards related to vehicular and pedestrian access, parking, or access to utility connections requirements for the district to which the property is proposed to be rezoned, as a condition of the rezoning, the property owner(s) of properties remaining in the Genentech Master Plan District shall grant easements or other legally enforceable rights, to the extent required so that the property removed from the Genentech Master Plan District would comply with all then existing development standards related to vehicular and pedestrian access, parking, or utility connections requirements for the district to which the property is proposed to be rezoned. Such agreements shall be enforceable against other adjacent properties within the Genentech Master Plan District as appropriate, shall be approved as to form and content by the City Attorney, and shall be properly recorded in the office of the San Mateo County Clerk. As a further condition of removal, it shall be demonstrated that the property proposed to be removed would comply with the existing development standards related to TDM for the district to which it is proposed to be rezoned. Such compliance may be demonstrated by a TDM program proposed solely for such property, or by an agreement or agreements with other property owners or service providers. Any such TDM-related agreements shall be approved as to form and content by the City Attorney, and if applicable shall be properly recorded in the office of the San Mateo County Clerk. The property owner(s) shall be property proposed to be removed by the District may, as part of the rezoning application, apply to the City for a waiver in whole or in part of these requirements and the waiver may only be approved upon a finding by the City that under the then-existing circumstances the property proposed to be removed has TDM programs, vehicular and pedestrian access, parking, and access to utility connections adequate to serve the property. D. If any property removed from the Genentech Master Plan District has been developed after approval of the 2007 Genentech Facilities Ten-Year Master Plan (“2007 Approval”), the net new square feet of development (by use category as set forth in Section 20.20.003(I)) developed on that site after the 2007 Approval shall be deducted from the total new development capacity (by use category as set forth in Section 20.260.003(I)) that was approved as part of the 2007 Approval. E. Upon removal of any property from the Genentech Master Plan District, the properties remaining in the Genentech Master Plan District shall comply with the Genentech Master Plan District development standards then in effect, including but not limited to development standards related to vehicular and pedestrian access, parking, or access to utility connection or shall be subject to a plan to bring the properties into compliance within a time period specified by the Planning Commission. D. Renumber former Section 20.260.005 “Administration” to Section 20.260.006 “Administration” to read as follows: 20.260.0056 Administration Development review of projects within the Genentech Master Plan District shall be in accordance with all applicable provisions of this Ordinance. A. Administrative Review. The following projects are not subject to discretionary review under this Ordinance except those projects determined by the Chief Planner to potentially have a significant adverse environmental impact or which are not consistent with the design guidelines or the purposes of the Genentech Master Plan District. 1. Additions to existing buildings where only one such addition to such building occurs within a 12-month period, and where the addition is limited to the lesser of: (a) 10,000 square feet in area; or (b) 20 percent of the existing gross floor area of the building, measured as of the date the specific project application is submitted; 2. Accessory structures and above grade utility systems equal to or less than 500 square feet in area; 3. Interior building modifications which involve changing the use of less than 30 percent of a building’s gross floor area; 4. Changes in the use of existing buildings where both the prior and proposed use are defined in the Business Technology Park zoning district as permitted uses; 5. Minor site improvements, including, but not limited to: landscape amenities, small at-grade open parking lots of less than 50 parking spaces and minor above grade utility systems to service existing buildings. Minor site improvements under this section shall also be subject to the square footage limitations contained in paragraph 1 above; and 6. Replacement, relocation or reconstruction of parking lots or spaces which does not result in a parking capacity increase. B. Minor Use Permits. The following projects are subject to the review and approval of a Minor Use Permit by the Chief Planner. The Chief Planner may approve, approve with conditions or deny approval of such projects. 1. Projects Subject to Minor Use Permits. a. Addition(s) to an existing building where only one such addition to such building occurs within a 12-month period, and where the addition is limited to between 10,000 and 30,000 square feet (but not to exceed 30 percent of the existing gross floor area of the building, measured as of the date the specific project application is submitted). In the event that the total of such additions exceeds 30 percent of the floor area existing at the time of the first request for expansion, the Chief Planner shall notify the Planning Commission of the project approval within four days of the approval; b. Accessory structures and above grade utility systems of between 501 and 5,000 square feet; c. Small, at-grade parking lots of 51 to 150 parking spaces; and d. Temporary uses, such as trailers, parking facilities, storage of construction materials. 2. Required Findings. The Chief Planner’s decision to issue a Minor Use Permit shall be based on all of the following findings: a. The proposed use will not be adverse to the public health, safety or general welfare of the community, nor be detrimental to surrounding properties or improvements. b. The use is consistent with the City’s general plan and any applicable area plan. c. The proposed use complies with all applicable standards and requirements of this title. d. The use complies with the Genentech Master Plan District’s facility design guidelines. C. Conditional Use Permits. All other projects shall be subject to Conditional Use Permit approval. Required findings shall be those required for Minor Use Permit approval in Subsection 20.260.005(B)(2) (Required Findings”). D. Design Review. The following procedures shall apply to design review for projects subject to subsections A and B above. Except where the Chief Planner finds that a proposed project does not involve significant design issues and therefore does not require design review, the procedures contained in Chapter 20.480 (“Design Review”) are not limited or changed by this chapter. The standards and guidelines to be used during the design review procedure for Genentech Master Plan District projects are: 1. Those contained in the general plan and any applicable area plan; and 2. Those contained in any relevant Planning Commission resolution, except where superseding facility design guidelines have been adopted. E. Annual Development Review. Development activity shall be reviewed at least once a year by the Planning Commission. Genentech shall submit an annual report which includes, as appropriate, the status of facility-wide improvements, progress in completing the required tasks and benchmarks described in the implementation plan, anticipated new construction or renovation projects, an update on transportation and parking needs, an update on mobile vendor (employee amenity) activities on the Genentech campus, an update of the facility-wide transportation demand management (TDM) program, an update on the security program, projected changes in the facility usage and requirements, advance notice of any proposed changes to the facility-wide development standards or design guidelines, and notice of any changes that have been made to the facility master plan since the most recent annual report. F. Fees. 1. Contributions to the Oyster Point Interchange. Genentech shall continue to contribute to the Oyster Point Interchange, in accordance with the existing requirements of the Oyster Point contribution formula, established by Resolution 71-84. These requirements shall apply to all discretionary land use approvals, including Minor Use Permits and Conditional Use Permits issued pursuant to Section 20.260.005 (“Administration”) and Chapter 20.490 (“Use Permits”), and approvals pursuant to Administrative Review under Section 20.260.005(A) (“Administrative Review”) where additional vehicle trips will be generated. 2. Contributions to the Capital Improvement Program. Genentech shall continue to contribute its fair share toward the costs of capital improvement projects that support Genentech’s development activity, in accordance with the financing policies established in the East of 101 Area Plan. 3. East of 101 Traffic Fee. Genentech shall contribute to East of 101 traffic improvements in accordance with the existing requirements of the East of 101 Traffic Fee contribution formula established by Resolution 101-2005, or as that resolution may be amended. This requirement shall apply to all discretionary land use approvals, including Administrative Review, Minor Use Permits and Conditional Use Permits issued pursuant to Section 20.260.005 (“Administration”). 4. East of 101 Sewer Fee. Genentech shall contribute to East of 101 sewer improvements in accordance with the existing requirements of the East of 101 Sewer Fee contribution formula established by Resolution 97-2002, or as that resolution may be amended. This requirement shall apply to all discretionary land use approvals, including Administrative Review, Minor Use Permits and Conditional Use Permits issued pursuant to Section 20.260.005 (“Administration”). 5. Childcare Fee. Genentech shall contribute to childcare in accordance with the existing requirements of the childcare fee contribution formula established by Chapter 20.310 (“Childcare Fee”). Such contributions may be in the form of childcare facility construction, fees, or a combination of both facility construction and fees, consistent with Section 20.310.006 (“Developer Construction of Facilities”). This requirement shall apply to all discretionary land use approvals, including Administrative Review, Minor Use Permits and Conditional Use Permits issued pursuant to Section 20.260.005 (“Administration”). SECTION II. 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 III. 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 and adopted at a regular meeting of the City Council of the City of South San Francisco, held the _____ day of _____________, 2013. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the _____ day of _____________, 2013 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Krista Martinelli, City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this _____ day of _____________, 2013. Pedro Gonzalez, Mayor 2081036.1 Exhibit B 2007 Master Plan Amendments Exhibit C Notice of Special Restriction RECORDING REQUESTED BY ) ) And When Recorded Mail to ) ) Name: Title: City Clerk City of South San Francisco ) ) Address: 400 Grand Avenue ) ) City: South San Francisco ) ) State: California Zip Code: 94080 ) Space Above This Line For Recorder’s User NOTICE OF SPECIAL RESTRICTIONS HCP SSF, LLC, the owner of certain real property situated in the City of South San Francisco, State of California, commonly known as Britannia East Grand and more particularly described in Exhibit A to this Notice (“Property”), gives notice that there are special restrictions on the use of said Property related to Parts 3 and 10(c) of the Britannia East Grand Project Development Agreement related to approximately 8,000 square feet of retail/restaurant space and a childcare facility, respectively, entered into by the original developer and dated June 8, 2002 (“South Campus DA”) as amended in the “First Amendment to the Development Agreement for the Britannia East Grand Project” dated March 9, 2005 and the “Second Amendment to the Development Agreement for the Britannia East Grand Project” dated July 25, 2008. Said restrictions consist of conditions attached to the approval of Zoning Ordinance No. _____, (“Zoning Ordinance”) to expand the Genentech Master Plan District, established by South San Francisco Municipal Code Chapter 20.260, to incorporate the Property, which Ordinance was approved by the City Council of the City of South San Francisco on ____, 2013. Said restrictions and conditions of which notice is hereby given and are described in such Ordinance. The use of said Property contrary to these special restrictions shall constitute a violation of the Zoning Ordinance, and no release, modification or elimination of these restrictions shall be valid unless notice thereof is approved by the City and recorded on the Land Records by the City Clerk of the City of South San Francisco; except that in the event that the Zoning Ordinance above is modified so as to be less restrictive and the uses herein restricted are thereby permitted and in conformity with the provisions of the Zoning Ordinance, this document would no longer be in effect and would be null and void. Executed on ______________________ at South San Francisco, California By: ____________________________ HCP SSF, LLC This signature(s) must be acknowledged by a notary public before recordation; add Notary Public Certification and Official Notarial Seal below. EXHIBIT A LEGAL DESCRIPTION 2081633.2