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HomeMy WebLinkAboutPC Meeting 03-01-08 (Reso 2670-2008) - Tbay Phase III SP Amendment 20081 RESOLUTION NO. _2670-2008______ PLANNING COMMISSION OF THE CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE FINAL TERRABAY PHASE III SPECIFIC PLAN AND CONDITION OF APPROVAL A-20 P06-0073: SPM08-0001, PPM08-0001 and AHA08- 0001 WHEREAS, the Terrabay lands have an extensive planning history dating to the early 1980’s; and, WHEREAS, the City Council of South San Francisco, pursuant to the California Environmental Quality Act, certified the 2005 Supplemental Environmental Impact Report (SEIR) which builds upon the certified 1998/99 SEIR, 1996 SEIR and 1982 Environmental Impact Report, and adopted a Mitigation Monitoring and Reporting Program (MMRP) for Terrabay Phase III by Resolution 81-2006 which remains in effect for the 2008 Plan Amendment; and, WHEREAS, the City Council of South San Francisco approved the 2006 Amendment to the Final Terrabay Specific October 2006 by Resolution 82-2006 with conditions of approval which remain in effect for the 2008 Plan Amendment with the exception of the modification to Condition A-20; and, WHEREAS, the 2006 Plan Amendment and the Condition of Approval A-20 requires the Developer to produce 32 moderate income housing units at120 percent of median as a condition to provide work force housing in support of the approved 665,000 square feet of office on the Phase III site; and, WHEREAS, the Applicant has requested to provide real property known as 418 Linden Avenue, $300,000 in development fees and various due diligence documents in lieu of producing 32 units of moderate income housing; and, WHEREAS, the project is exempt under Section 15061 (b) (3) California Code of Regulations Title 14, Chapter 3 because the proposed project is a modification to the Specific Plan text and as such does not meet the definition of a “project” under CEQA. The action being considered would not result in an activity that could cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The action at hand is a request to modify the Specific Plan, Condition of Approval A-20 and affordable housing agreement to allow the Applicant to provide fees and /or fees and land for the future construction of housing that would be undertaken by the City or its designee. Future development of the 418 Linden Avenue site, or any other site that the City may select to construct housing would be contingent upon an application, development plans and environmental review based upon the proposal. WHEREAS, market and housing prices have substantially cooled since 2000 resulting in 2 moderate income housing at 120 percent of the median being synonymous with market rate housing and acceptance of the property, in lieu fee, and due diligence documents would benefit the City by allowing it to leverage the site and/or in lieu fees for both affordable housing (at less than 120 percent of the median) and allow direct control over a key parcel in the Downtown area; and, WHEREAS, the City’s acceptance of the Linden Avenue property would give the City ultimate control in developing a high-quality mixed use project that would add discretionary income to the Downtown and support Downtown business retention and development; and, WHEREAS the amendment to the Specific Plan page I-43 would read: “The 2000 Plan proposed and was subsequently required to provide 32 moderate-income units to be developed by MDC elsewhere within the City of South San Francisco. These units may be parked at one space per unit, provided that the site is located within close proximity to public transportation. The project will be developed in concert with the City and preferably within the densely populated central district of the City. The 2006 Plan Amendment required 32 moderate income housing units to be constructed off site and depending on their location as noted above, may be parked at one space per unit. The 2008 Plan Amendment provides that MDC convey certain real property known as 418 Linden Avenue in South San Francisco, a $300,000 in lieu fee and various due diligence documents to the City as satisfaction of the 32 moderate income housing unit requirement. In the unlikely event that conveyance of the Linden Avenue property fails, MDC will provide the City a $2.2 million in lieu payment to fulfill the 32 unit moderate income housing requirement”; and, WHEREAS, should the City Council approve the 2008 Plan Amendment the City Manager and City Attorney will modify the existing Affordable Housing Agreement to reflect the in lieu provisions for the 32 moderate income housing units; and, WHEREAS, a public hearing was duly noticed and conducted on May 1, 2008 before the Planning Commission to consider the Applicant’s request; and, NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of South San Francisco hereby adopts the following findings based upon the entire record for the Terrabay development. The record includes, but is not limited to, the following: 1) The South San Francisco General Plan, and General Plan Environmental Impact Report; 2) The Final Terrabay Specific Plan, as amended in 2000, 2006 and proposed in 2008; 3) The 2005 Certified Supplemental Environmental Impact Report and 2006 Addendum and Mitigation Monitoring and Reporting Program, 1998-99 Certified Terrabay Supplemental Environmental Impact Report, which includes the 1982 Certified Terrabay Environmental Impact Report, the Certified 1996 Terrabay Supplemental Environmental Impact Report and Addendum to the 1998-1999 Certified Terrabay Supplemental Environmental Impact Report and Addendum, 4) All public hearings and the entirety of the administrative record. WHEREAS, the 2008 Plan Amendment conforms to the City’s General Plan policies as identified in approved Resolution 82-2006 with the addition and restatement of: 3 1. Specific Plan Conformance with State Law and the General Plan The proposed land uses identified in the Terrabay Phase III Only Specific Plan conform to the City’s General Plan. • The 2008 Plan Amendment does not change the General Plan conformance findings identified and adopted in Resolution 82-2006. • The approved 2006 Final Terrabay Specific Plan would only be modified as shown in the above discussion pertaining to the moderate income units. • The distribution, location, and extent of land uses governed by the Terrabay Specific Plan would not be altered. • The distribution, location, extent and intensity of major components of the public and private improvements including transportation, water, wastewater, drainage, solid waste disposal, energy and other essential facilities would not be altered as a result of the proposed 2008 Plan Amendment. • The standards and criteria by which the Terrabay development has and will proceed and the standards and conservation, development, and utilization of natural resources would not be altered by the 2008 Plan Amendment. • The Mitigation Monitoring and Reporting Program adopted by City Council Resolution No. 81-2006 would not be altered by the 2008 Plan Amendment and would remain in full force and effect. The conditions of approval adopted by Resolution No. 82-2006 would not be altered by the 2008 Plan Amendment save for the method by which the moderate income housing units would be provided. • The 2006 Plan Amendment complies with the General Plan as identified in City Council Resolution No. 82-2006 and the 2008 Plan Amendment complies with all the General Plan findings contained in Resolution 82-2006 and the additional Economic Development Policy 6-I-15 discussed above. • The 2008 Plan Amendment to the 2006 Plan provides the City with the control over how and where the moderate income units are produced and provides the City with control over the design and quality of the project. Economic Development Element of the City of South San Francisco General Plan Policy 6-1-15: Establish criteria for the assembly of land by the City where redevelopment and revitalization would support community development goals, maximize economic benefit, and promote private sector investment that would 4 not otherwise be possible. Analysis: The Downtown Area is identified as an area targeted for such redevelopment and economic revitalization (General Plan page 216). The Downtown Area is the most economically depressed neighborhood in the City. The City and Redevelopment Agency have been working on economic strategies and programs to support and enhance the businesses in the Downtown Area. The Downtown Area has its own Redevelopment Plan Area (Downtown/Central Redevelopment Plan Area). One economic strategy is to bring more market rate residential units into the Downtown; those with more discretionary income, in order to support the Downtown businesses. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of South San Francisco does hereby: Recommend approval of an amendment to the 2006 Final Terrabay Specific Plan and Condition of Approval A-20 subject to the Conditions of Approval in Attachment A. The amendment hereby states: Terrabay Specific Plan b. Off Site The 2000 Plan proposed and was subsequently required to provide 32 moderate-income units to be developed by MDC elsewhere within the City of South San Francisco. These units may be parked at one space per unit, provided that the site is located within close proximity to public transportation. The project will be developed in concert with the City and preferably within the densely populated central district of the City. The 2006 Plan Amendment required 32 moderate income housing units to be constructed off site and depending on their location as noted above, may be parked at one space per unit. The 2008 Plan Amendment provides that MDC convey certain real property known as 418 Linden Avenue in South San Francisco, a $300,000 in lieu fee and various due diligence documents to the City as satisfaction of the 32 moderate income housing unit requirement. In the unlikely event that conveyance of the Linden Avenue property fails, MDC will provide the City a $2.2 million in lieu payment to fulfill the 32 unit moderate income housing requirement. Condition of Approval A-20: The Applicant shall convey the 418 Linden Avenue property, $300,000 in lieu fee and background documents including the Phase I Environmental Site Assessment, the geotechnical study, the topographic survey and architectural drawings within 60 days of City Council action on the 2008 Plan Amendment In the event that the Linden Avenue property cannot be successfully 5 conveyed to the City on or before September 15, 2008 the $2.2 million in lieu fee shall be paid to the City by September 30, 2008. The certificate of occupancy on the office tower shall be withheld until the in lieu fee is paid. The existing “Affordable Housing Agreement”, approved by the City Council in 2007, shall be modified to reflect the 2008 Plan Amendment and executed between the Developer and the City within 30 days of City Council action on the 2008 Plan Amendment. Failure of the Applicant to meet the deadlines stipulated in this 2008 Plan Amendment shall result in the revocation of 2008 Plan Amendment and the requirement shall revert to that stipulated by and approved in the 2006 Plan Amendment. * * * * * * * 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 1st day of May 2008, by the following vote: Ayes: Commissioner Zemke, Commissioner Moore, Vice Chairperson Teglia and Chairperson Giusti Noes: Commissioner Sim, Commissioner Prouty Abstain: None Absent: Commissioner Oborne Attest:__________________________________ Susy Kalkin Secretary to the Planning Commission