HomeMy WebLinkAboutOrd 1329-2004ORDINANCE NO. 1329-2004
AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT
WITH FAIRFIELD RESIDENTIAl, I,I,C FOR THE MIXED USE
TRANSIT ORIENTED DEVELOPMENT NEAR THE SOUTH SAN
FRANCISCO BART STATION
WHEREAS, the South San Francisco Municipal Code allows development of the
approximately 8 acre vacant site located adjacent to the newly constructed Bay Area Rapid Transit
Station located on E1 Camino Real, subject to further approvals; and
WHEREAS, Fairfield Residential ("Fairfield") has submitted and received approval for a
plan to develop up to 360 housing units and up to 23,000 square feet of retail space constructed on
the ground floors of proposed residential buildings along McLellan Drive of which
approximatelyl 2,000 square feet would consist of a retail-only building (grocery); and
WHEREAS, it is anticipated that retail uses along McLellan Drive would serve project
residents, BART passengers and surrounding neighborhoods; and
WHEREAS, the 360 unit, 23,000 square
constitutes the present proposed development and
Development Agreement ("Agreement"); and
feet commercial/office project ("Project")
is the project subject to the terms of the
WHEREAS, a Mitigated Negative Declaration and Statement of Overriding Considerations
has been prepared which analyzes the anticipated environmental impacts of the proposed Project;
and
WHEREAS, the Applicant instructed 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 reviewed the application for the Agreement and found the proposed
Agreement to be in the proper form, determined that the application was complete, and referred the
application and Agreement to the Planning Commission for a public hearing; and
WHEREAS, on December 4, 2003, the Planning Commission held a properly noticed public
hearing on the proposed Agreement for the Fairfield Project and recommended that the City Council
approve the Project, including this Development Agreement; and
WHEREAS, on January 14, 2004, pursuant to Municipal Code section 19.060.110 the City
Council conducted a properly noticed public hearing on the proposed Agreement for the project.
NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain
as follows:
SECTION 1. Findings
Ao
The proposed Development Agreement for the 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 these documents. The Project provides for high density residential
development with a strong mixed use retail component in the City's recently
adopted Transit Village District. The proposed project complies with all zoning
regulations, including set backs, provision for open space, payment of park fees
and monetary contributions through payment of the City's child care fee.
Bo
The City Council has independently reviewed the proposed Development
Agreement, the certified and adopted Housing Element, the General Plan,
Chapters 20.78 and 20.84 of the Zoning Ordinance, Title 15 of the Municipal
Code, and applicable state and federal law and has determined that the proposed
Development Agreement for the Project complies with all applicable zoning,
subdivision, and building regulations and with the General Plan. 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. The Project includes below market rate units
and a marketing plan to target those units to both governmental employees and
existing residents of the City. This reflects the general plan policies, including
the adopted Housing Element, to provide workforce housing.
Co
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 3.2 of the Agreement
states that the Agreement shall expire ten years from the effective date of the
Agreement.
Do
The proposed Development Agreement states the permitted uses, density and
intensity of use for 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 Sections 3.3 and 3.4 of the Agreement set forth the
development standards and the documents constituting the Project.
Eo
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 Section 3.4 of the Agreement sets forth the documents which
state the maximum permitted height and size of buildings.
Fo
The proposed Development Agreement describes the land 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
and its determination that Exhibit A to the Agreement and the specific project
approvals establish the Project boundaries and the land required for future
dedication.
SECTION 2.
The City Council of the City of South San Francisco hereby approves the proposed
Development Agreement with Fairfield Residential LLC, attached hereto as Exhibit 1 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 14th day of January 2004.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City
Council held the 11th day of February 2004, by the following vote:
AYES:
Councilmembers Joseph A. Femekes, Richard A. Garbarino, and Pedro Gonzalez,
Vice Mayor Raymond L. Green, and Mayor Karvl Matsumoto
NOES: None.
ABSTAIN: None.
ABSENT: None.
/ City Clerk /
As May°r °fthe City °f S°uth San Prancisc°, ~ ~~7 ~~
I do h re, by a prqve the fdtregoing
Ordinance this 11th day of February 2004. ,
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/' ~-~ Mayor