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Home My WebLink AboutPC Meeting (Reso 2617-2002) - EXHIBIT BRESOLUTION 2617 EXHIBIT B ORDINANCE NO. _______ AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT WITH SLOUGH SSF FOR THE BRITANNIA EAST GRAND PROJECT WHEREAS, the South San Francisco Municipal Code allows development of the approximately 26.9 acre site located at the easterly terminus of East Grand Avenue as a campus style Research and Development project; subject to further approvals; and, WHEREAS, Slough SSF LLC submitted plans consisting of a Master Site Plan and Site Plan, Phase 1 and Phase 2, Sheet No. A1.1, Conceptual Building Design Guidelines, Schematic Landscape Plan and preliminary grading and utility plans dated May 4, 2001; and, WHERAS, said plans, together with the additional floor plans and parking structure plans, propose development of a 758,533 square foot office/R&D campus with ancillary childcare center, fitness center and retail and restaurant space; and, WHEREAS, the 758,533 square foot office/R&D project, together with the ancillary uses and parking structures (“Project”) constitutes the present proposed development and is the project subject to the terms of the Development Agreement (“Agreement”); and, WHEREAS, a Environmental Impact Report has been prepared which analyzes the anticipated environmental impacts of the proposed Project; and, WHEREAS, the Owner has requested that the City to process the proposed entitlements for the Project; and, WHEREAS, pursuant to Municipal Code section 19.60.050, the Director of Economic and Community Development has conducted required reviews and found the proposed Agreement to be in the proper form, determined that the application was complete, and referred the Agreement to the Planning Commission for a public hearing; and, WHEREAS, on March 7, 2002, the Planning Commission held a properly noticed public hearing on the Britannia East Grand Project and recommended that a final decision on the Project be continued until April 4, 2002; and, WHEREAS, on April 4, 2002, the Planning Commission held a duly noticed public hearing on the proposed Agreement and recommended by a 7 to 0 vote that the City Council adopt the Ordinance and Development Agreement; and, WHEREAS, on April 24, 2002, pursuant to Municipal Code section 19.060.110 the City Council conducted a property noticed public hearing on the proposed Agreement for the project. NOW THEREFORE, the City Council of the City of South San Francisco does ordain as follows: Section 1. Findings A. The proposed Development Agreement for the Britannia East Grand Project is consistent with the objectives, policies, general land uses and programs specified in the General Plan, as amended and adopted. 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 General Plan and the findings in support of the Planned Unit Development permit. The Project provides high value jobs for persons in the bio-technology fields and the campus style development that includes recreation opportunities, child care and public transportation options is consistent with the General Plan policies identified in the findings that support approval of the Planned Unit Development Permit. B. The proposed Development Agreement for the Britannia East Grand Project complies with all applicable zoning, subdivision, and building regulations and with the general plan. The City Council independently reviewed the proposed Development Agreement for the Britannia East Grand Project, the General Plan, Chapters 20.78 and 20.84 of the Zoning Ordinance as amended, Chapter 19.60 of the South San Francisco Municipal Code, Title 15 of the Municipal Code, and applicable state and federal law. 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 these documents and advice in the record from City staff, including staff reports, testimony and resolutions. C. 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 for the Britannia East Grand Project and its determination that Section 2 of the Agreement states that the Agreement shall expire ten years from the effective date of the Agreement but no later than May 1, 2017. D. The proposed Development Agreement for the Britannia East Grand Project, which incorporates as an exhibit the Planned Unit Development Permit and Plan Sets, attached thereto, states the permitted uses of the property subject. 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 for the Britannia East Grand Project and its determination that Section 3 of the Agreement sets forth the documents which state the permitted uses. E. The proposed Development Agreement for the Britannia East Grand Project states the permitted density and intensity of use of 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 for the Britannia East Grand Project and its determination that Section 3 of the Agreement sets forth the documents which state the permitted density and intensity of use. F. The proposed Development Agreement, and exhibits attached thereto and incorporated therein, for the Britannia East Grand Project 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 for the Britannia East Grand Project and its determination that Section 3 of the Agreement sets forth the documents which state the maximum permitted height and size of buildings. G. The proposed Development Agreement for the Britannia East Grand Project describes the land, if any, which will be dedicated for public purposes from 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 for the Britannia East Grand Project and its determination that Exhibit B to the Agreement, the Planned Unit Development Permit and Plan set(s) dated May 4, 2001, September 7, 2001 and October 5, 2001, describes the land which will be dedicated for public purposes. Section 2. The City Council of the City of South San Francisco hereby adopts this ordinance approving a Development Agreement between the City of South San Francisco and Slough SSF, LLC for the Britannia East Grand Project. The approved Development Agreement is attached hereto as Exhibit A and incorporated herein by reference. Section 3. Severability. In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. Section 4. 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 days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the ____________ day of ________________, 2002. Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council held the _____ day of ______________, 2002 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this _____ day of ______ 0f ___________, 2001. Mayor J:\wpd\Mnrsw\405\112\Ordinances\DA-Britannia_Ord_April4_PC.doc