HomeMy WebLinkAboutPC Meeting 03-14-11 (Reso 2702-2011) - Oyster Point - Entitlements RESOLUTION NO. 2702-2011
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
A RESOLUTION RECOMMENDING APPROVAL OF A
GENERAL PLAN AMENDMENT, ZONING TEXT
AMENDMENT, REZONE, SPECIFIC PLAN APPENDIX AND
DEISGN GUIDELINES, PRECISE PLAN, DESIGN REVIEW
DEVELOPMENT AGREEMENT AND TRANSPORTATION
DEMAND MANAGEMENT PLAN, FOR THE PUBLIC-
PRIVATE REDEVELOPMENT OF AN OFFICE/RESEARCH
& DEVELOPMENT CAMPUS AND SUBSTANTIAL PUBLIC
AMENITIES AT THE OYSTER POINT BUSINESS PARK
AND OYSTER POINT MARINA PROPERTY
WHEREAS, Oyster Point Ventures, LLC (“OPV”), a joint venture between Shorenstein
Properties and SKS Investments LLC, owns property commonly known as the Oyster Point
Business Park, and located at the terminus of Oyster Point Boulevard; and the City of South San
Francisco (“City”) owns property commonly known as the Oyster Point Marina Property,
adjacent to the Oyster Point Business Park; and
WHEREAS, OPV and the City (collectively, “the Parties”) desire to redevelop the
Oyster Point Business Park and the Oyster Point Marina Property (collectively, “Project Site”)
with an office/R&D life sciences campus, commercial, hotel, recreational, and public open space
uses; and
WHEREAS, to this end, OPV has submitted an application seeking approval of a General
Plan Amendment, Redevelopment Plan Amendment, Zoning Text Amendment (to adopt the
Oyster Point Specific Plan), Zoning Map Amendment (to rezone), a Phase 1 Precise Plan, Design
Review, a Preliminary Transportation Demand Management (“TDM”) Plan, a Development
Agreement, and a Disposition and Development Agreement which would adopt the “Oyster
Point Specific Plan” and collectively authorize the phased removal and replacement of certain
existing buildings on the Project Site, and phased construction of an office/R&D development at
an FAR of 1.25 up to a total of 2,254,230 square feet on the western portion of the Project Site,
including a “Phase I” development consisting of grading and refuse relocation for the initial
508,000 square feet office/R&D in three buildings of up to ten stories and a parking structure,
and public amenities including creation of waterfront open space, a promenade along the
realigned Oyster Point and Marina Boulevards, construction of a flexible-use recreation area,
grading and site preparation of the future hotel parcel, as well as realignment, reconfiguration,
replacement, and improvement to existing roadways and infrastructure to facilitate the
development, subject to the terms of the Project entitlements including the proposed
Development Agreement (“Project”); and,
WHEREAS, OPV has proposed a General Plan Amendment to establish a 1.25 FAR for
the Project and clarify permitted uses in the Coastal Commercial area, as set forth in Exhibit B; a
Specific Plan Appendix and Design Guidelines to implement the Specific Plan requirements and
standards adopted as part of the Oyster Point Specific Plan, South San Francisco Municipal
Code, Chapter 20.230, adopted by Ordinance No. _____, as set forth in Exhibit C; a Precise Plan
to authorize and implement the Phase I development project, as set forth in Exhibit D; Design
Review, as set forth in Exhibit E; a Preliminary Transportation Demand Management Plan, as set
forth in Exhibit F; , Zoning Text Amendment (to adopt the Oyster Point Specific Plan), as set
forth in Exhibit G; Zoning Map Amendment (to rezone), as set forth in Exhibit H; and a
Development Agreement, as set forth in Exhibit I and,
WHEREAS, in accordance with the California Environmental Quality Act (Pub.
Resources Code, §§ 21000 et seq. [“CEQA”]), the City has prepared and the Planning
Commission has recommended certification of an Environmental Impact Report (“EIR”), which
evaluates the significant and potentially significant impacts of the Project, the growth inducing
impacts of the Project, the cumulative impacts of the Project, and alternatives to the proposed
Project; and,
WHEREAS, on March 14, 2011, the Planning Commission conducted a properly noticed
public hearing to consider recommendations regarding certification of the EIR and approval of
the Project, including the proposed General Plan Amendment, Specific Plan Appendix and
Design Guidelines, Precise Plan, Design Review, Preliminary Transportation Demand
Management Plan, Zoning Text Amendment, Rezone, and Development Agreement.
NOW, THEREFORE, BE IT RESOLVED by the South San Francisco Planning
Commission as follows:
SECTION 1 FINDINGS.
Based on the entirety of the record before it, which includes without limitation, 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 General Plan Update and
General Plan Update EIR; the Redevelopment Plan for the Downtown/Central Redevelopment
Project Area and the related EIR; the South San Francisco Municipal Code; the Project
applications; the Oyster Point Specific Plan and Phase I Precise Plan, as prepared by Perkins +
Will, dated February 23, 2011; the Oyster Point Specific Plan Appendix & Design Guidelines,
prepared by Perkins + Will, dated February 23, 2011; the Preliminary Transportation Demand
Management Plan, as prepared by HDR, dated February 23, 2011; the Oyster Point Specific Plan
and Phase I Project EIR, including the Draft and Final EIR and all appendices thereto; all site
plans, and all reports, minutes, and public testimony submitted as part of the Planning
Commission's duly noticed meetings on February 3, 2011, February 17, 2011, March 3, 2011,
and March 14, 2011; and any other evidence (within the meaning of Public Resources Code
§21080(e) and §21082.2) (“Record”), the City of South San Francisco Planning Commission
hereby finds as follows:
I. General Findings
1. The foregoing Recitals are true and correct and made a part of this Ordinance.
2. The exhibits and attachments, including the proposed General Conditions of Approval
(attached as Exhibit A), General Plan Amendment (attached as Exhibit B), the proposed Specific
Plan Appendix and Design Guidelines (attached as Exhibit C), the proposed Precise Plan
(attached as Exhibit D), Design Review (attached as Exhibit E), the Preliminary Transportation
Demand Management Plan (attached as Exhibit F), the Zoning Text Amendment (attached as
Exhibit G), the Rezone (attached as Exhibit H), and the Development Agreement (attached as
Exhibit I) are each incorporated by reference and made a part of this Ordinance, 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.
4. By Resolution No. 2701-2011, the Planning Commission, exercising its independent
judgment and analysis, has recommended that the City Council find that an EIR was prepared for
the Project in accordance with CEQA, which EIR adequately discloses and analyzes the
proposed Project's potentially significant environmental impacts, its growth inducing impacts,
and its cumulative impacts, and analyzed alternatives to the Project. For those impacts that could
potentially exceed CEQA thresholds of significance, where feasible the City has identified and
imposed mitigation measure that avoid or reduce the impact to a level of less-than-significant.
The Planning Commission has further recommended that the City Council finds that the benefits
of approving the Project outweigh the Project's significant and unavoidable impacts.
5. The proposed Project is consistent and compatible with all elements in the City of South
San Francisco General Plan (as proposed for amendment). The 1999 General Plan includes
policies and programs that are designed to encourage the development of high technology
campuses in the East of 101 Area, allow for employee-serving services, preparation of a Traffic
Demand Management plan to reduce congestion impacts. Consistent with these policies, the
Oyster Point Specific Plan and Phase I Project provides for the phased removal and replacement
of existing buildings on the Project Site and phased construction of an office/R&D development
at an FAR of 1.25 on the western portion of the Project Site, including a “Phase I” development
consisting of grading and refuse relocation for the initial three buildings and a parking structure,
as well as employee-serving amenities pursuant to a preliminary Transportation Demand
Management Plan, and additional public amenities including creation of waterfront open space, a
promenade along the realigned Oyster Point and Marina Boulevards, construction of a flexible-
use recreation area, grading and site preparation of the future hotel parcel, as well as realignment,
reconfiguration, replacement, and improvement to existing roadways and infrastructure to
facilitate the development, subject to the terms of the Project entitlements including the proposed
Development Agreement. Approval of the Project, including the proposed Development
Agreement, will not impede achievement of General Plan policies.
6. The subject site is physically 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 the proposed development was analyzed thoroughly in the
Environmental Impact Report prepared for the Project.
II. General Plan Amendment
1. The Project proposes increasing the allowable Floor Area Ratio (FAR) for the site from
1.0 to 1.25 and to the text description of Coastal Commercial uses, and related revisions and
clarifications, as set forth in Exhibit B.
2. As required under State law, the South San Francisco General Plan, and the South San
Francisco Municipal Code, in support of the requested General Plan Amendment (GPA11-0001),
the City Council finds that the proposed General Plan Amendment, adjusting the permitted
maximum FAR for the site and clarifying permitted uses in the Coastal Commercial, is otherwise
consistent with the South San Francisco General Plan, and furthers a number of important
Guiding and Implementing Policies currently in the General Plan, including:
Guiding Policy 2-G-2: “Maintain a balanced land use program that provides opportunities
for continued economic growth, and building intensities that reflect South San
Francisco’s prominent inner bay location and excellent regional access.”
Implementing Policy 2-I-4: Require all new developments seeking an FAR bonus set
forth in Table 2.2-2 to achieve a progressively higher alternative mode usage. The
requirements of the TDM Program are detailed in the Zoning Ordinance. (Amended by
City Council Resolution 98-2001, adopted September 26, 2001) The requirements of the
TDM Program for project seeking an FAR bonus are based on the percentage trip
reduction that is achieved.”
Guiding Policy Guiding Policy 3.5-G-3: “Promote campus-style biotechnology, high-
technology, and research and development uses.”
Guiding Policy 5.1-G-2 Improve bayfront access along its entire length and endorse the
prominence of this important natural asset
Increasing the maximum permitted FAR for the site would facilitate the development of a quality
campus-style, high-technology, research and design project on Oyster Point. The proposed
Project will promote the City’s economic growth by better utilizing the site, and generating
highly trained individuals in the community. The Project will also maintain building intensities
consistent with development in the City’s East of 101 Area. The Project will also facilitate
redevelopment of public open space on Oyster Point, preserving and substantially increasing
access to the bay front, and other improved open and recreation areas on the Project Site.
Accordingly, the proposed Amendment is consistent with City's planning strategies for the site,
including the General Plan.
III. Specific Plan Appendix and Design Guidelines
The Specific Plan Appendix and Deign Guidelines implement the Specific Plan and
zoning regulations approved for Chapter 20.230 of the Zoning Ordinance. The Specific Plan
Appendix and Design Guidelines provide design goals for the Project Site, and guidance for
development of the Site, including design strategies, sustainability guidelines, land use
guidelines, lighting guidelines, and circulation strategies, among others. The Specific Plan
Appendix and Design Guidelines are consistent with Chapter 20.230 because they reflect and
implement the development standards articulated in Chapter 20.230.
IV. Precise Plan for the Phase 1 Project
1. The Project is consistent with the General Plan for the reasons stated in Finding I.5 and
Finding II, above.
2. The Precise Plan Project is compatible with the intent and purpose of the Oyster Point
Specific Plan, because it proposes a comprehensive use and development plan for the Oyster
Point Marina area, proposes development of research and development life science campus
facilities with substantial open space and public amenities, including development of office and
research and development, hotel, and recreation facilities in the Coastal Commercial area,
enhances access and enjoyment of the San Francisco Bay, achieves a development superior to
what could be achieved under conventional zoning classifications, and provides for the efficient
extension of utilities, infrastructure, and services within the Specific Plan district.
3. Development and construction standards for the Precise Plan Project are designed to
comply with and standards applicable to the Oyster Point Specific Plan.
4. To the extent applicable, the Precise Plan Project is consistent with the Plan for the
Downtown/Central Redevelopment Project Area, and the Disposition and Development
Agreement for the Oyster Point Specific Plan and Phase 1 Project.
5. Infrastructure improvements proposed as part of the Precise Plan do not conflict with
improvements proposed in the City’s approved Capital Improvement Plan.
V. Design Review
1. The Project, including Design Review, is consistent with Title 20 of the South San
Francisco Municipal Code for the reasons set forth in finding I.6 above, and because the design
of the Project reflects the standards and guidance provided in the Specific Plan Appendix and
Design Guidelines.
2. The Project, including Design Review, is consistent with the General Plan and Oyster
Point Specific Plan, for the reasons set forth in Findings II.5 and II.6, above.
3. The Project, including Design Review, is consistent with the Design Guidelines
contained in the Specific Plan Appendix because the Project incorporates and reflects the
guidance on urban design, circulation, and lighting, among other others.
4. There is no tentative map, use permit, or variance for the Project, however the Project,
including Design Review, is consistent with the General Plan Amendment, the Oyster Point
Specific Plan, and the Precise Plan.
VI. Transportation Demand Management (TDM) Plan
1. The Project proposes increasing the allowable Floor Area Ratio (FAR) for the site from
1.0 to 1.25, and in conjunction with its request for an FAR bonus, is requesting approval of a
TDM. The TDM Plan is attached as Exhibit F.
2. As required under State law, the South San Francisco General Plan, and the South San
Francisco Municipal Code, in support of the requested TDM Plan (TDM11-0001), the City
Council finds a follows:
(a) The proposed Project’s TDM measures are feasible and appropriate for the
Project, considering the proposed mix of uses and the Project’s location, size, and hours
of operation. The TDM Plan is designed to take advantage of and promote the use of
public transit, and in particular, the site proximity to the South San Francisco ferry
terminal, scheduled to open in 2011. The Plan provides incentives for employees to use
modes of transportation other than single-occupancy vehicle trips, such as secure bicycle
storage, shower facilities, preferential parking for carpools and vanpools, transit
subsidies, among others. The TDM also uses a lower parking ratio to increase ridership
BART, Caltrain, and other transit services.
(b) The proposed Project’s TDM Plan contains performance guarantees that will
ensure that the target alternative mode use established for the Project will be achieved
and maintained. The Project includes survey of mode uses, an annual survey, and a
triennial report that documents the effectiveness of the TDM Plan in achieving the
alternative mode use.
VII. Zoning Amendments
1. As required under State law, the South San Francisco General Plan, and the South San
Francisco Municipal Code, in support of the requested Zoning Amendments, including both the
Zoning Text Amendment (ZA11-0001) and the Zoning Map Amendment (RZ11-0001), the
Planning Commission finds as follows:
a. The proposed Project is consistent and compatible with all elements in the City of
South San Francisco General Plan (as proposed for amendment), for the reasons set forth in I.5,
above.
b. The Project will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City, because the Project proposes redevelopment of an
underutilized Project Site, which will result in an office and research and development campus-
like facility, with substantial public amenities, including enhanced and improved access to the
bay front and public open space. The Project will also facilitate repair of the landfill clay cap and
upgrades to utilities and infrastructure at the Project Site.
c. The subject site is physically 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 the proposed development was analyzed thoroughly in the
Environmental Impact Report prepared for the Project.
d. The Project will be superior to development otherwise allowed under
conventional zoning classifications. The Project proposes increasing the allowable Floor Area
Ratio (FAR) for the site from 1.0 to 1.25 and will facilitate construction of substantial public
amenities at the Project Site, including enhanced and improved access to the Bay front.
VIII. Development Agreement
1. The proposed Development Agreement 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 Article 2 of the Agreement states that the Agreement shall expire twenty years
from the effective date of the Agreement.
2. The proposed Development Agreement incorporates the permitted uses, density and
intensity of use for the property subject thereto, as reflected in the proposed Project (P09-0085),
Environmental Impact Report (EIR09-0001), General Plan Amendment (GPA11-0001), Zoning
Text Amendment (ZA11-0001), Zoning Map Amendment (RZ11-0001), Precise Plan (PP11-
0001), Transportation Demand Management Plan, (TDM11-0001), and Development
Agreement (DA11-0001). 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 Recital F and Article 3 of the Agreement set
forth the Project Approvals, development standards, and the documents constituting the Project.
3. The proposed Development Agreement states the maximum permitted 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 determination that Recital F and Article 3 of the
Agreement sets forth the documents which state the maximum permitted height and size of
buildings.
SECTION 2 RECCOMENDATIONS
BE IT FURTHER RESOLVED that the South San Francisco Planning Commission
hereby recommends that subject to the Conditions of Approval contained in Exhibit A, the City
Council (1) adopt a resolution approving the General Plan Amendment, the Specific Plan
Appendix and Design Guidelines, the Precise Plan for the Phase I Project, Design Review, and
the preliminary Transportation Demand Management Plan; (2) adopt an ordinance approving the
Zoning Text Amendment and Rezone; (3) adopt an ordinance approving the Development
Agreement, all in substantially the same form as attached to this Resolution in Exhibits B
through I, respectively.
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 a special meeting of the Planning Commission, held on the14th
day of March, 2011 by the following vote:
AYES: Commissioner Giusti, Commissioner Ochsenhirt, Commissioner Prouty,
Commissioner Sim, Vice Chairperson Zemke and Chairperson Gupta
NOES: None
ABSTAIN: Commissioner Martin
ABSENT: None
ATTEST:
Commission Secretary
Susy Kalkin
Secretary to the Planning Commission
Exhibit A
Conditions of Approval
Exhibit B
General Plan Amendment
Exhibit C
Specific Plan Appendix and Design Guidelines
Exhibit D
Precise Plan
Exhibit E
Design Review
Exhibit F
Preliminary Transportation Demand Management
Exhibit G
Zoning Text Amendment
Exhibit H
Zoning Map Amendment (Rezone)
Exhibit I
Development Agreement