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HomeMy WebLinkAboutOrd. 1522-2016File Number: 16 -214 P.O. Box 711 (City Hall, South %City of South San Francisco 400 Grand Avenue) , Enactment Number: ORD 1522 -2016 MOTION TO WAIVE READING AND ADOPT AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT FOR THE DEVELOPMENT OF A 6.1 ACRE SITE FOR THE 475 ECCLES AVENUE PROJECT IN THE BUSINESS AND TECHNOLOGY PARK ZONING DISTRICT. WHEREAS, BMR -475 Eccles Avenue LLC ( "Applicant ") owns property consisting of approximately six and one -tenth (6.1) acres located at 475 Eccles Avenue of the City of South San Francisco, San Mateo County, California ( "Project Site "); and WHEREAS, Applicant desires to develop the 475 Eccles Avenue Office/Research and Development Campus Project ( "Project ") with an office /research and development ( "R &D ") campus and recreational open space uses; and WHEREAS, Applicant seeks approval of Use Permit, Design Review, Alternative Landscape Plan and a Transportation Demand Management ( "TDM ") Plan, which would authorize the construction of an office /R &D development at an FAR of 1.0 with up to a total of 262,287 square feet; 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 other fees (including a 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 an Environmental Impact Report ( "EIR "), Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations on July 27, 2016 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 March 3, 2016 to solicit public comment and consider the EIR and the proposed entitlements and take public testimony, at the conclusion of which, the Planning Commission recommended that the City Council adopt the EIR, conditionally approved the entitlements subject to the City Council's review of the Project, and recommended that the City Council approve the Development Agreement; and WHEREAS, the City Council held duly noticed public hearings on May 25, 2016 and on July 27, FV7TWTffl4-Ir*rIrA�&IIz'1 Ur4MMWWTW1,IrII#=- MMEM= NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: ILTOM TU'f �VJV# I .......... 0-1 to of t is Ordinance, as if set forth fully herein. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City ♦ South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody ♦ Chief Planner, Sailesh Mehra. File Number. 16-214 Enactment Number. ORD 1522-2016 dent review of these documents, oral and written evidence submitted at the public hearings on the Project, including advice and recommendations from City staff. 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 IN.,evelopment Agreement and its determination that the Development Agreement sets forth and incorporates the documents which state the maximum permitted height and size of buildings. public purposes. This finding is based on all evidence in the Record as a whole, including, but not limited to the Ciqu Council's indeTendent review of the Develp-�cm nt that the Development Agreement sets forth and incorporates the documents that identify any such reservations or dedications of land. RIK"cow, M The City Council finiher 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. I File Number., 16 -214 Enactment Number: ORD 1522 -2016 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 at a regular meeting of the City Council of the City of South San Francisco, held the 27th day of July, 2016 At a meeting of the City Council on 8/10/2016, a motion was made by Richard Garbarino, seconded by Liza Normandy, that this Ordinance be adopted. The motion passed. Yes: 5 Councilmember Normandy, Councilmember Garbarino, Councilmember Matsumoto, Vice Mayor Gupta, and Mayor Addiego Attest by 4Z:�, C� --�1-1 - ri t li Mark ddiego t [Life Science Campus at 475 Eccles Avenue] I AN" N A. WHEREAS, California Government Code ("Government Code") Sections 65864 through 65869.5 authorize the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property or on behalf of those persons having same; and B. WHEREAS, pursuant to Government Code Section 65865, the City has adopted rules an4 regulations, embodied in Chapter 19.60 of the South San Francisco Municipal Code ("Municipal Code" or "SSFMC"), establishing procedures and requirements for adoption and execution of development agreements; and C. WHEREAS, this Agreement concerns property consisting of a six and one-tenth (6. 1) acre site located at 475 Eccles Avenue, in the East ♦ 10 1 Area Plan as shown and more particularly described in Exhibit A, attached (the "Property"); and D. WHEREAS, Owner has a legal or equitable interest in the Property subject to this Agreement; and E. WHEREAS, Owner has submitted a development proposal to the City that would permit the development of the Property as depicted in the [Project Documents], prepared by CAS Architects, Reed Associates and Kier & Wright attached hereto as Exhibit B; and rollfty,lym H. WHEREAS, all proceedings necessary for the valid adoption and execution of this Agreement have taken place in accordance with Government Code Sections 6586 through 65869.5, the California Environmental Quality Act ("CEQA7'), and Chapt] 19.60 of the Municipal Code; and 1. WHEREAS, the City Council and the Planning Commission have found that this Agreement is consistent with the objectives, policies, general land uses and programs specified in the South San Francisco General Plan as adopted on October 13, 1999 and as amended from time to time; and I WHEREAS, on -, 2016, the City Council adopted Ordinance No. approving and adopting this Agreement and the Ordinance thereafter took effect on ,2016. RRIMIJUMIKI 101*190 a I I RN I I I R I RIF, ordinance approving this Agreement takes effect ("Effective Date"). ,Vmm ''" MIMMUMMIME, F*WVATM t (b) Subject to Owner's fulfillment of its obligations under this Agreement, upon I Effective Date of this Agreement, the City hereby grants to Owner a vested ri to develop and construct on the Property all the improvements for the Project authorized by, and in accordance with, the terms of this Agreement and the applicable ordinances in effect as of the Effective Date. ........ ... ♦ . ...... ... Upon the City's approval of this Agreement, the approval shall be vested in Owner and its successors and assigns for the term of this Agreement, provided that the successors and assigns comply with the terms and conditions of the Agreement, including, but not limited to-. submission of insurance certificates and bonds for the rading of the ProwertV and construction of improvements. I GHMMUITTIM4 !DIO All of the Property subject to th»» - all be maintained by Owner or its successors in litter and trash, i§< weeds abated, to provide erosio«<t«<2.» d to comply with other requirements set forth in the Municipal Code, subject to City approval as permitte or required by the Municipal Code. I (b) Any provisions of said CC&Rs governing the Project relating to ©<922«a»< obligations under this section shall be enforceable by the City. G....... . ..4 > / ?, Nothing herein shall be construed to relieve the Property from common benefit assessments levied against it and 2«2w» 2&x¥ in accordance with any statutory procedure for the assessment of property to pay for infrastructure and/or services that benefit the Property. MOM MM (b) Transportation Demand Management Plan. Owner shall prepare an annual Transportation Demand Management (TDM) report, and submit same to City, to document the effectiveness of the TD plan in achieving the goal of 35% alternative mode usage by employees within the Project when the Project is built ou In determining whether a financial penalty is appropriate, City may consider whether Owner has made a good faith effort to meet the TDM goals. iv. The provisions of this section are incorporated as Conditions Approval for the Project and shall be included in the approve TDM for the Project. EIR. The Parties will adhere to the Conditions of Approval for the Project and the Mitigations which result from the EIR and MMRP. Entitlement review for future Project phases will be limited in scope, so long as consistent with the EIR and the Project Documents. (d) Climate Action Plan. The Project shall comply with the City ofSouth San Francisco Climate Action Plan Adopted February 13, 2014 (the "CAP"). applicable measures from the CAP are as follows: I Measure 2. 1, Action 5 (provide conduit for future electric vehicle charging installations); -7- 2) Measure 3.4, Action I (encourage high-albedo surfaces, as identified in voluntary CALGreen standards) ON =0 -'11110110 1 1 MW'Sucy I'VI YI; V, uii I t er the assumptions used in the CAP's Adjusted Business As Usual (ABAU) projections. 4) Measure 4. 1, Action 3 (install conduit to accommodate wiring for solar); and I 1 4 1 1 M, tell - -a 'U IT I f0i Tat rt-a-1 Tr INITUT7 Mtn' "12171 =0=j I IVY lfrlzm fr"YrJ or equitable interests in the Property as of the Effective Date, will not be bound by this Agreement. O 15. Insurance Z at 11, *377 1-ago-771 1 1-1011 insurance. (c) Evidence of Insurance. Prior to commencement of any construction of any portion or phase of the Project, or any improvement related to any portion or phase of the Project, Owner shall furnish the City satisfactory evidence of the insurance required in subsections (a) and f�). 3) If Owner fails to obtain substitute coverage within ten (10) days, the City may obtain, but is not required to obtaiT4 substitute coverage and charge Owner the cost of such coverage plus an administrative fee equal to ten percent (10%) of the premium for said coverage. (d) The insurance shall include the City, its elective and appointive boards, commissions, officers, agents, employees and representatives as additional insureds on the policies. F. " C Am samro S�Hw I&W set forth in Government Code Sections 65865.1, 65867.5, 65868, 65868.5 and Chapter 19.60 of the Municipal Code. 40 11 11 . , 11 $1, (a) it the occurrence of an event of default, either Party may terminate or modify this Agreement in accordance with the provisions of Government Code Section 65865.1 and of Chapter 19.60 of the Municipal Code, provided Section 23(e) has been complied with. (b) The City shall not be deemed to have waived any claim of defect in Owner's performance if, on annual or special review, the City does not propose to terminate this Agreement. pl3® (c) No waiver or failure ► the City or Owner to enforce any provision of this Agreement shall be deemed to be a waiver of any provision of this Agreement or of any subsequent breach of the same or any other provision. (d) Any actions for breach of this Agreement shall be decided in accordance with California law. The remedy for breach of this Agreement shall be limited to specific performance and attorneys' fees as provided in Section 24(a). (a) Action by P If legal action by either Party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing Party entitled to reasonable attorneys' fees and court costs. 25. S a2M99hi!AY IW211ki & 111111 1111111111 iffi, ym%u #1*MUoTV'.Wj ruwj Eux" 'Mk-, MUMMA material change in the consideration for this Agreement, then either Party may elect in writina to invalidate this entire Agreement, and thereafter this entire Agreement shall ► deemed null and void and of no further force or effect following such election. ► 0 . : 11 o person off re—rM—an TME-U-7774—WHer, or-tricir To -MM benefit and protection of the Parties and their respective successors. Similarly, no ' ' L WWI "111"—, Oil M I'm NUENIM, IIII , . # WIMAD-0 •I I originally named herein and their respective successors and assigns. 10, 1 1 1 1 r.", .3 MIR? M (c) Notice /f# d}?t to Mortgagee. If the City receives notice from a Mortgagee requesting a copy of any notice of default given to Owner hereunder and specifying the address » <i thereof, the City shall deliver to the Mortgagee -15- FOWWRTM (e) Mortgagee's Consent to Modifications. Subject to the sentence immediately following, the City shall not consent to any amendment or modification of this greeme© unless Owner provides the City with written evidence of each Mortgagee's consent, which consent shall not be unreasonably withheld, to the amendment or modification of this Agreement being sought. Each Mortgagee 1*191,IWA IMPAI City or Owner to the Mortgagee, reasonable evidence of the delivery of which notice shall be provided to the City if given only by Owner. ww� claiming an extension of time. The Party claiming such extension of time to perform Lot (f) This Agreement may be executed in multiple originals, each of which is deemed an original, and may be signed in counterparts. 1= FExhibit C — Conditions of Approval and EIR Mitigation and Monitorinti ftogram. I , r, '111 !'r ' All notices required or provided for under this Agreement shall be in writing and delivered in person (to include delivery by courier) or sent by certified mail, postage prepaid, return receipt requested or by overnight delivery service. Notices to the City shall be addressed as follows: City Clerk P.O. Box 711 South San Francisco, CA 94083 Notices to Owner shall b e d dressed as follows: -18- BITM- air 5 Eccles Avenue LLC 17190 Bernardo Center Drive San Diego, CA 92128 Attn: Vice President, Real Estate Legi RUN, SLIM IN WITNESS WHEREOF this Agreement has been executed by the Parties on the day and year first above written. CITY: M I 27JEWA 10 RM ,#,75 Eccles LEGAL DESCRIPTION AND MAP OF PROPERTY EXHIBIT A I IN D[f%% a 03 *lei R I w I (IN SAN MATEO. STATE • CALIFORNIA, AND IS DESCRIBED • FOLLOWS: PARCEL ONE: LOT 15 1 AS DESIGNATED ON THE MAP ENTITLED "SOUTH SAN FRANCISCO INDUSTRIAL law PARCEL TWO: A PORTION OF LOT 7, BLOCK 15, AS DESIGNATED ON THE MAP ENTITLED "SOUTH SAN FRANCISCO QQ C01 "-'T,CA1-1F01?1Tf!'QT.T1N MARCH 24,1965, IN MORE PARTICULARLY DESCRIBED AS FOLLOWS: T"YoTE MOST SOT.WE-RLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE 13.95 FEET TO A POINT IN THE SOUTHWESTERLY LINE • SAID PARCEL, THENCE ALONG SAID SOUTHWESTERLY LINE, S 47o 00'31'E, 15.03 FEET TO THE POINT 0FBEGINN`ING. EY.C-0-J"INQ THEREFROM SAID PARCELS ONE AND TWO WATER RIGHTS AS CONVEYED TO CALIFORNIA t�nfr M13r- 1. AND COMPANY OF SAN FRANCISCO, INC., RECORDED APRIL 1, 1964 IN BOOK 4679.. PAGE 528, OFFICIAL RECORDS, AND AS SHOWN ON MAP OF SOUTH SAN FRANCISCO INDUSTRIAL PARK NO. 3-B HEREIN L1 •# PARCEL FOUR: 475 Eccles LEGAL DESCRIPTION AND MAP OF PROPERTY EXHIBIT A wicllilil oxi's 101:131:1pli moil 33' 111' 60.0* FLRc�l`. "FilEkWE S 37' 2316'- E-110E 1139 W 23" W 39.11141 FEET TO T.*'E BEGINNING. KW RECORDED AUGUST 31, 1964 IN B j2pK_478S PAGE_71. OM, CLkL RECORDS • SAN MATEO COUNTY, CALIFORNIA. DESCRIBED PORTTON • SAID LOT 7: BEGINNING AT TBE MOST EASTERLY CORNER • LOT 7 BLOCK 15. AS SHOWN ON THAT CERTAIN, TA Qw. 475 Eccles LEGAL DESCRIPTION AND MAP OF PROPERTY EXHIBIT A I- J'i«T;�cZ3#I< Project Documents ill I Fill ��Ill :11, ir�rllil i ii I i� i 1, 1 11 1 1 lllllr�llrr EMU rrolr=, IT'N"WITIM, =11, I 1.1 South San Francisco General Plan. The Developer will develop the Project in a manner consistent with the objectives, policies, general land uses and programs specified in the South San Francisco General Plan, as adopted on October 13, 1999 and as amended from time to time. 1.2 East of 101 Area Plan. The Developer will develop the Project in a manner consistent with the objectives, policies, general land uses and programs specified in the South San Francisco East of 10 1 Area Plan, as adopted in July, 1994. 1.3 South San Francisco Municipal Code. The Developer shall construct the Project z--m,?=.z-consist�mt with the South San Francisco Municiyal Code, trovisions, as awdicable to the Project as of the Effective Date (except as modified by this Agreement). 2. FEES, TAXES, EXACTIONS, DEDICATION +-BLIGA T1011SAcVf ASSESSMENTS a 0 *, A zm 2.2.1 East of 101 Traffic Impact Fee (Resolution 84-2007). East of 101 Traffic Impact fees shall be paid for each Phase of the Project, in accordance with the resolution adopted by the City Council at their meeting of May 23, 2007, and shall be determined based on the application of the formula in effect at the time the City issues each building permit, and shall be payable prior to the issuance of such building permit. 2.2.2 Oyster Point Grade Overpass Contribution Fee (Resolutions 102-96 & 152-96). Oyster Point Grade Overpass Contribution fees shall be paid for each Phase of the Project, and shall be determined by the City Engineer, based on the application of the formula in effect at the time the Citf, issues each building -,vermit. and shall b such building permit for each phase. The fee will be calculated upon reviewing the information shown on the applicant's construction plans and the latest Engineering News Record San Francisco Construction Cost Index at the time of payment. The Engineering News Record San Francisco construction cost ind e contained in the 0 ster Point Grade Overna I i I W 'Wi , I a to I I rastellayst; a I P111,111 a I M 0 1 EfEW11 ON W-1-WARK4 MIN V I and Fire Department vehicles, apparatus, equipment, and similar needs for the provision of public safety services. 2.2.6 Sewer Capacity Charge. (Resolution 39-2010) Prior to receiving a building permit for Tenant hnprovements in each Phase of the Project, the Developer shall pay the Sewer Capacity Charge, as set forth in Resolution No. 39-2010. 111!11111 1111 !11 11111 11�1111!1111 111pip F III 2.4 User Fees. . 1. , , 11 1! iiiiiii!lll!illll AAW 1 '111 In the event that the City's business license tax is modified and duly approved by voters, and any subsequent tax modifications become applicable to the properties on the Project during 14WAW. tax amounts, as modified. 2614091.1