HomeMy WebLinkAboutReso 109-2015 RESOLUTION NO. 109-2015
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING AN ADMINISTRATIVE
AGREEMENT AMENDMENT TO THE DEVELOPMENT
AGREEMENT FOR THE DEVELOPMENT OF A 14.5 ACRE
SITE FOR THE CENTENNIAL VILLAGE AT 180 EL CAMINO
REAL PROJECT IN THE EL CAMINO REAL MIXED USE
(ECRMX) ZONING DISTRICT.
WHEREAS, El Camino and Spruce LLC ("Owner" or"Applicant") received entitlements
for a mixed-use project on an approximately 14.5 acre site located at 180 El Camino Real; and,
WHEREAS, on March 26, 2014, after conducting all proceedings and making all
findings necessary for the valid adoption and execution of a development agreement for the
Property in accordance with Government Code Sections 65864 through 65869.5, the California
Environmental Quality Act ("CEQA"), and Chapter 19.60 of the Municipal Code, the City
Council adopted Ordinance No. 1485-2014, approving and adopting a development agreement
for the property at 180 El Camino Real ("Property"); and,
WHEREAS, Applicant and City entered into a certain Development Agreement for the
Centennial Village Project to permit the development of the Property with approximately
220,000 square feet of commercial/retail space and up to 284 residential rental units ("Project"),
as approved and adopted by the City Council; and,
WHEREAS, Applicant has submitted a request for an Administrative Agreement
Amendment to the Development Agreement to the City to allow for minor modifications to the
mixed-use development within the Project; and,
WHEREAS, the City Council adopted an Initial Study/Mitigated Negative Declaration
("IS/MND") on February 26, 2014 in accordance with the provision of the California
Environmental Quality Act (Public Resources Code, §§ 21000, et seq., "CEQA") and CEQA
Guidelines, which analyzed the potential environmental impacts of the Project; and,
WHEREAS, Section 7.02(a) of the Development Agreement provides that amendments
to the Development Agreement that do not substantially affect: (i) the term of the DA, (ii)
permitted uses of the Project Site, (iii) provisions for the reservation or dedication of land, (iv)
conditions, terms, restrictions or requirements for subsequent discretionary actions, (v) the
density or intensity of use of the Project Site, or (vi) or monetary contributions by the Developer,
can be approved by City Council resolution as an Administrative Agreement Amendment; and
WHEREAS, none of these conditions exist here, and therefore, an Administrative
Agreement Amendment is appropriate and can be approved by City Council resolution; and
WHEREAS, the modifications to the mixed-use development contemplated in the
Administrative Agreement Amendment to the Development Agreement are minor in nature, the
approval of which would not result in any new significant environmental effects or a substantial
increase in the severity of any previously identified effects beyond those disclosed and analyzed
in the IS/MND adopted by City Council, nor does the Administrative Agreement Amendment to
the Development Agreement constitute a change in the Project or change in circumstances that
would require additional environmental review.
NOW, THEREFORE, BE IT RESOLVED 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, General Plan EIR and South
El Camino Real General Plan Amendment EIR; the South San Francisco Municipal Code; the
Project applications; all site plans, reports, minutes, and public testimony submitted as part of the
City Council's duly noticed August 26, 2015 meeting; 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 Resolution.
B. The Exhibit attached to this Resolution, the proposed Administrative Agreement
Amendment to the Development Agreement (Exhibit A), is incorporated by reference and made
a part of this Resolution, 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, Sailesh Mehra.
D. The Administrative Agreement Amendment, in conjunction with the
Development Agreement, attached hereto as Exhibit A, sets forth the duration, property, project
criteria, and other required information identified in Government Code section 65865.2. Based
on the findings in support of the Project, the City Council finds that the Administrative
Agreement Amendment, in conjunction with the Development Agreement, vesting a project for a
mixed-use development of commercial and residential uses, is consistent with the objectives,
policies, general land uses and programs specified in the South San Francisco General Plan and
any applicable zoning regulations.
E. The Administrative Agreement Amendment, in conjunction with the
Development Agreement is compatible with the uses authorized in, and the regulations
prescribed for the land use district in which the real property is located. The subject site is
suitable for the type and intensity of the land use being proposed. The General Plan includes
policies and programs that are designed to redevelop low-intensity commercial uses to
pedestrian-oriented high intensity mixed use development, encourage concentrated higher-
intensity activity on highly visible locations, promote visually intricate development, and provide
space for enhanced pedestrian connections, require development to be oriented to El Camino
Real and the suitability of the site for development was analyzed thoroughly in the
environmental document prepared for the Project.
F. The Administrative Agreement Amendment, in conjunction with the
Development Agreement is in conformity with public convenience, general welfare and good
land use practice in that the project will implement land use guidelines set forth in the General
Plan which has planned for high intensity mixed use development at this location.
G. The Administrative Agreement Amendment, in conjunction with the
Development Agreement will not be detrimental to the health, safety and general welfare
because the project will proceed in compliance with all of the policies and programs specified in
the General Plan and in compliance with all applicable zoning, subdivision, and building
regulations of the City of South San Francisco.
H. The Administrative Agreement Amendment, in conjunction with the
Development Agreement will not adversely affect the orderly development of property or the
preservation of property values in that the project will be consistent with the General Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of South San Francisco hereby makes the findings contained in this Resolution and approves the
Administrative Agreement Amendment to the Development Agreement between the City of
South San Francisco and El Camino and Spruce, LLC, attached hereto as Exhibit A and
incorporated herein by reference.
BE IT FURTHER RESOLVED that the City Council further authorizes the City Manager
to execute the Administrative Agreement Amendment to the Development Agreement, on behalf
of the City, in substantially the form attached as Exhibit A, and to make minor revisions to such
Agreement, subject to the approval of the City Attorney, which do not materially or substantially
increase the City's obligations thereunder.
BE IT FUTHER RESOLVED that this Resolution shall become effective immediately
upon its passage and adoption.
* * * * *
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a regular meeting held on the 26th day of
August, 2015 by the following vote:
AYES: Councilmembers Pradeep Gupta and Liza Normandy
Vice Mayor Mark N. Addiego and Mayor Richard A. Garbarino
NOES: Councilmember Karyl Matsumoto
ABSTAIN: None
ABSENT: None
ATTE'� ..
ti sta M lli, Clerk
Exhibit A
Administrative Agreement Amendment to the Development Agreement
2509481.1