Loading...
HomeMy WebLinkAboutOrd. 1483-2014ORDINANCE NO. 1483 -2014 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE ADOPTING A 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 owns property consisting of approximately twenty and one -tenth (20.1) acres located in the Bay West Cove area of the City of South San Francisco, San Mateo County, California, commonly known as Planning Area 1 of the Bay West Cove Specific Plan, and located at the northern terminus of Gateway Boulevard ( "Project Site "); and, WHEREAS, Slough BTC, LLC owns property commonly known as Planning Areas 2 and 3 of the Bay West Cove Specific Plan, and located at 1100 -1170 Veterans Boulevard; and, WHEREAS, HCP Oyster Point III, LLC and Slough BTC, LLC are collectively referred to as Owner ( "Owner ") and are both subsidiaries of HCP, Inc. ( "Applicant "); and, WHEREAS, Applicant desires to develop the Britannia Cove at Oyster Point Project ( "Project ") with an office /research and development (R &D) campus, commercial, hotel, and recreational open space uses; and WHEREAS, Applicant seeks approval of Specific Plan Amendments, a Zoning Text Amendment, Precise Plan, Use Permit, Design Review, Transportation Demand Management Plan, Tentative Parcel Map, Design Guidelines, and Master Sign Program; and, WHEREAS, as part of its application, the Applicant has sought approval of a Development Agreement, which would clarify and obligate several project features and mitigation measures, including payment of existing fees (such as the East of 101 Traffic Impact Fee, Oyster Point Grade Overpass Contribution Fee, East of 101 Sewer Impact Fee, Sewer Capacity Fee, General Plan Maintenance Fee, Childcare Impact Fee, and Public Safety Impact Fee), and certain future fees (including a Child Facility Fee, Transit Station Enhancement Fee, and Park -in -Lieu Fee); and WHEREAS, approval of the Applicant's proposal is considered a "project" for purposes of the California Environmental Quality Act, Pub. Resources Code, §§ 21000, et seq. ( "CEQA "); and, WHEREAS, by separate Resolution, the City Council adopted a Subsequent Environmental Impact Report ( "SEIR ") on February 12, 2104 in accordance with the provisions of CEQA and the CEQA Guidelines, which analyzed the potential environmental impacts of the Project; and, WHEREAS, the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing on November 7, 2013 to solicit public comment and consider the SEIR and the proposed entitlements and take public testimony, at the conclusion of which, the Planning Commission recommended that the City Council adopt the SEIR, approve the entitlements and recommended that the City Council approve the Development Agreement; and, WHEREAS, the City Council held a duly noticed public hearing on December 11, 2013 which was continued to January 8, 2014 and to February 12, 2014, to consider the Project entitlements and Development Agreement, and take public testimony. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. Findings. 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 Britannia Cove at Oyster Point Phase I and II Precise Plan, as prepared by DES Architects + Engineers, dated February 5, 2014; the Design Guidelines, prepared by DES Architects + Engineers, dated June 27, 2013; the Preliminary Transportation Demand Management Plan, as prepared by TDM Specialists, Inc, dated May 31, 2013; 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 meeting held on November 7, 2013; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed public hearing on December 11, 2013 which was continued to January 8, 2014 and to February 12, 2014; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of South San Francisco hereby finds as follows: A. The foregoing Recitals are true and correct and made a part of this Ordinance. B. The proposed Development Agreement (attached as Exhibit A), is incorporated by reference and made a part of this Ordinance, as if set forth fully herein. C. 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. D. The proposed Project is consistent with the objectives, policies, general land uses and programs specified in the General Plan by developing a high technology campus in the East of 101 Area, allowing for employee- serving services, and requiring the preparation of a Traffic Demand Management plan to reduce congestion impacts. Consistent with these policies, the Bay West Cove, Planning Area 1 Specific Plan Amendment and Britannia Cove at Oyster Point Project provides for the phased construction of an office /R &D development at an FAR of 1.14 within Planning Area la, as well as employee - serving amenities pursuant to a preliminary Transportation Demand Management Plan, and additional public amenities including construction of a multi -use path connecting the Bay Trail to Oyster Point Boulevard, grading and site preparation of the future hotel parcel, 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. E. The City Council has independently reviewed the proposed Development Agreement, the General Plan, the South San Francisco Municipal Code, and applicable state and federal law, including Government Code section 65864, et seq., and has determined that the proposed Development Agreement complies with all applicable zoning, subdivision, and building regulations and with the General Plan. The development contemplated in the Project and Development Agreement is consistent with the Zoning and Specific Plan standards, as proposed for amendment. 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, oral and written evidence submitted at the public hearings on the Project, including advice and recommendations from City staff. F. 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 Section 2 of the Development Agreement states that the Development Agreement shall expire fifteen (15) years from the effective date of this Ordinance, unless (and then only to the extent) such date is extended pursuant to the terms in Section 2.02 of the Development Agreement. G. The proposed Development Agreement incorporates the permitted uses, density and intensity of use for the property subject thereto, as reflected in the proposed Project (P12- 0061), Subsequent Environmental Impact Report (EIR12- 0002), Specific Plan Amendments (SPA13 -0001 & 0002), Zoning Text Amendment (ZA12- 0005), Use Permit (UP12- 0004), Precise Plan (PP 12- 0001), Design Review (DR12- 0029), Transportation Demand Management Plan (TDM12- 0004), Master Sign Program (SIGNSI2- 0032), Parcel Map (PM12 -0002) and Development Agreement (DA12- 0003). 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 the Development Agreement sets forth the Project approvals, development standards, and the documents constituting the Project. H. 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 the Development Agreement sets forth the documents which state the maximum permitted height and size of buildings. I. The proposed Development Agreement states specific provisions for reservation or dedication of land for public purposes. This finding is based on all evidence in the Record as a whole, including, but not limited to the City Council's independent review of the Development Agreement. SECTION 2. Approval of Development Agreement. A. The City Council of the City of South San Francisco hereby approves the Development Agreement with HCP, Inc, attached hereto as Exhibit A and incorporated herein by reference. B. The City Council further authorizes the City Manager to execute the Development Agreement, on behalf of the City, in substantially the form attached as Exhibit A, and to make revisions to such Agreement, subject to the approval of the City Attorney, which do not materially or substantially increase the City's obligations thereunder. SECTION 3. 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 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 (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 12th day of February, 2014. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 26th day of February, 2014 by the following vote: AYES: Councilmembers Mark N. Addiego, Pradeep Gupta, and Liza Normandy Vice Mayor Richard A. Garbarino and Mayor Karyl Matsumoto NOES: None ABSTAIN: None ABSENT: None ATTEST: Deputy City Clerk As Mayor of the City of South San Francisco, I do hereby approv� the foregoing Ordinance this 26th day of February, 2014. A Mayor Exhibit A Development Agreement 2134171.1