HomeMy WebLinkAboutOrd 1191-1996Om~IN~U'~CE NO. 1191-96
AN ORDINANCE APPROVING AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN SUNCHASE G.A. CALIFORNIA, INC. (AS
SUCCESSOR TO W.W. DEAN AND ASSOCIATES) AND THE CITY OF
SOUTH SAN FRANCISCO RELATED TO ISSUANC~ OF BUILDING
PERMITS AND THE R~CREATION AND CHILD CAR~ FACILITIES
THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS
FOLLOWS~
SECTION 1. FINDINGS.
A. The Amendment to the Development Agreement between SunChase G.A.
California I, Inc., a California corporation and the City of South San
Francisco, a municipal corporation organized and existing under the laws of
the State of California, is attached hereto as Exhibit "1" and is by this
reference incorporated herein as though fully set forth verbatim (hereinafter,
the "Amendment to Development Agreement")
B. The Amendment to Development Agreement relates to the property
within the Terrabay Specific Plan District (as shown in Exhibit A to the
Amendment).
C. The Amendment to Development Agreement is consistent with the
City's General Plan.
D. The Amendment to the Development Agreement is consistent with the
Terrabay Specific Plan as amended concurrently with this Amendment.
E. The Amendment to the Development Agreement will permit and
facilitate development of the Terrabay Project pursuant to conditions that are
in the best public interest and in the best interest of the City and the
citizens thereof, and at the same time be fair and economically feasible to
Owner.
F. All proceedings necessary for the valid adoption and execution of
the Amendment to the Development Agreement have taken place in accordance with
Government Code S 65864 et. seq. and with Chapter 19.60 of the South San
Francisco Municipal Code.
S~CTION 2. AMENDMRNT TO DRVE~.OPMENT AGREEMENT APPROVRD AND ADOPTED.
A. The Amendment to the Development Agreement attached hereto as
Exhibit "1" and incorporated herein by this reference is approved and adopted.
B. The City shall execute the Amendment to the Development Agreement
upon the effective date of this Ordinance.
C. The Amendment to the Development Agreement shall take effect on
the effective date of this Ordinance.
D. Upon execution of the Amendment to the Development Agreement by
both parties, the City Clerk shall cause recordation of the Amendment to the
Development Agreement in the official records of the County of San Mateo.
~ECTION 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 thereof shall remain in
full force and effect.
SECTION 4. PUBT.ICATION AND EFFECTIVE DATE.
This Ordinance shall be published once, with the names of those City
Councilmembers voting for or against it, in The Times, a newspaper of general
circulation in the City of South San Francisco, as required by law, and shall
become effective thirty (30) days from and after its adoption.
Introduced at a regular
South San Francisco held the
meeting of the City Council of the City of
llth day of September , 1996.
Adopted as an Ordinance of the City of South San Francisco at a regular
2
meeting of the City Council of the City of South San Francisco held the _
day of September , 1996 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Joseph A. Fernekes, Eugene R. Mullin and
John R. Penna
£ouncilmember Robert Yee and Mayor Jack Draqo
Nnn~
None
ATTEST:
As Mayor of the City of South San Francisco, I do hereby approve the
foregoing Ordinance this 25th day of Septembe~.~ 1996.
C: \OFFICE\WPWIN\WPDOCS \SUNCHASE · ORD
i [ ii
EXHIBIT I TO ORDINANCE NO. 1191-96
AM~.NDMENT TO D~VE~.OPM~.NT A~RE~imR, NT
This Amendment ("Amendment") to the Development Agreement dated April 14,
1988 ("Development Agreement") between Terrabay, a California general partnership
("Terrabay Partnership"), and the City of South San Francisco, a general law city
("City"), is made by and between SunChase G.A. California I, Inc., a California
corporation ("SunChase"), and the City and is entered into this __ day of
, 1996.
RECITALS
WHEREAS, on April 14, 1988, the City and the Terrabay Partnership, the
former owner and developer of the Terrabay Project, entered into the Development
Agreement pursuant to Government Code ~ 65864 et. seq. and Chapter 19.60 of the
South San Francisco Municipal Code ("City Code") regarding the development of
certain real property located in the City commonly known as the Terrabay Project,
more particularly described in Exhibit A, attached hereto and incorporated herein
by this reference ("Terrabay Project or Property"); and
WHEREAS, SunChase acquired the Property in July, 1994 and is the current
owner of the Property. SunChase assumed the rights and obligations of the
Terrabay Partnership under the Development Agreement pursuant to Section 26 of
the Agreement; and
WHEREAS, SunChase intends to develop the Terrabay Project and construction
of Phase I of the Project has already commenced; and
WHEREAS, on December 2, 1982, the City and the County of San Mateo adopted
the Terrabay Specific Plan ("Specific Plan") for the Terrabay Project. The
Specific Plan sets forth the development plan for the Terrabay Project to be
constructed in three phases (hereinafter, referred to as "Phase I, II or III");
and
WHEREAS, on March 22, 1989, the City adopted Resolution No. 43-89 approving
a Precise Plan for Phase I of the Terrabay Project ("Precise Plan") and a vesting
tentative subdivision map for Phase I; and
WHEREAS, the terms of the Specific Plan and Develo~anent Agreement have been
extended to February 14, 1997 pursuant to a provision requiring the extension of
the expiration date of these approvals be tolled for delay caused by litigation
relating to the Terrabay Project~ and
WHEREAS, the City and SunChase desire to amend the Development Agreement
and Specific Plan to address issues relating to the design and costs of the
Hillside Recreation Center and the provision of child care services for residents
of the Terrabay Project and the City; and
WHEREAS, Government Code ~ 65868 and Chapter 19.60 of the City Code
establish the procedure and authority for amending development agreements~ and
WHEREAS, all proceedings necessary for the valid adoption and execution of
this Amendment have taken place in accordance with Government Code ~ 65864 et.
seq. and with Chapter 19.60 of the City Code; and
WHEREAS, an environmental impact report was prepared and certified in 1982
for the Terrabay Project Specific Plan ("1982 Program EIR") in accordance with
the California Environmental Quality Act ("CEQA"). The City Council hereby finds
and determines pursuant to CEQA Guidelines ~ 15168 that these amendments to the
Develo~anent Agreement are covered by the 1982 Program EIR because the amendments
present no new environmental effects than those described in the 1982 Program EIR
and no new mitigation measures are required; and
WHEREAS, the City Council hereby finds that this Amendment is consistent
with the City's General Plan and the Specific Plan as amended concurrently with
the approval of this amendment,
WHEREAS, on Sept. 25 , 1996, the City Council adopted Ordinance No.
]]q]_~6approving and adopting this Amendment and the ordinance thereafter took
it I Iii
effect on OCt. 25 , 1996. The effective date of this Amendment is the
effective date of Ordinance No. ~
NOW, T~EREFORE, the City and SunChase, pursuant to the authority contained
in Government Code S 65864 et. seq. and Chapter 19.60 of the City Code and in
consideration of the mutual covenants and agreements contained herein, agree that
the Development Agreement shall be amended as follows:
~ection 1. The exhibits and plans for the design of the Hillside
Recreation Center in Exhibit D of the Development Agreement are amended by
deleting the swimming po°l and related facilities and replacing these pool
facilities with a gymnasium and related facilities. The final plans for the
Hillside Recreation Center shall be established under amendments to the Precise
Plan for Phase I of the Terrabay Project.
Section 2. Subsection (e) is added to Section 4 of the Development
Agreement to read as follows:
"(e) The City and Owner agree that the cost of building the Recreation
Center under the original plans prepared by Dahlin dated September 15,
1990, which included a swimming pool, is estimated to be two million six
hundred thousand dollars ($2,600,000) for actual building construction
costs. This figure does not include soft costs such as architectural
services, construction management and landscaping. Therefore, the total
cost to design and build the Recreation Center with a gymnasium and
related facilities in place of a swimming pool (including all soft and
hard costs of construction, including architectural services, construction
management and landscaping) shall not exceed four million three hundred
thousand dollars ($4,300,000 .) This cost does not include the City's
actual cost for retaining the recreation center consultant identified in
subparagraph (d) above, which shall remain an obligation of the Owner. In
the event the cost of the actual construction of the gymnasium based
recreation center are less than $2,600,000, the Owner shall pay the City
the difference between the $2,600,000 and the actual costs of constructing
the recreation center."
Section 3. Subparagraphs (6) and (8) of Subsection (C) of Section II of
Exhibit E of the Development Agreement are amended to read as follows:
~(6) Owner has entered into a Build and Design contract for the Recreation
Center complex and has provided security in a form approved by the City
Attorney to ensure that funding will be available for completion of
construction of the Recreation Center. Notwithstanding the foregoing, the
Owner is not required to commence construction of the Recreation Center
until the City has approved a ten year extension of the Specific Plan and
Development Agreement which is in full force and effect prior to February
14, 1997 and no lawsuit has been filed challenging said approvals within
the applicable statute of limitations period, or the issuance of the 200th
building permit for Terrabay Park and Village, whichever occurs first. In
any event the construction of the Recreation Center will be completed upon
the completion of construction of Phase I."
~(8) Owner has placed Seven Hundred Thousand Dollars ($700,000) into an
escrow account which shall be used by the City to provide child care
and/or library facilities for residents of the Terrabay Project and the
City. The escrow shall contain an instruction that the money shall not be
released to the City until the City has approved a ten year extension of
the Specific Plan and Development Agreement which is in full force and
effect prior to February 14, 1997, the City has approved amendments to the
precise plan and final map for Phase I to allow construction of up to six
(6) townhouses on the former child care center site, and no lawsuit has
been filed challenging said approvals within the applicable statute of
limitations period, or the issuance of the 200th building permit for
Terrabay Park and Village, whichever occurs first".
~ection 4. Exhibit E-2, the Terrabay Development Phasing Schedule, is
amended by deleting the references to the child care center.
Section 7. Ail terms, conditions, requirements, exhibits, and vested
rights of the Owner under the Development Agreement which are not in conflict
with or are not inconsistent with the terms of the Amendment shall remain in full
force and effect.
Section 8. The effective date of this Amendment shall be the effective
date of Ordinance No. l191-96approving and adopting this Amendment.
Section 9. The City Council hereby finds that the terms of this Amendment
are consistent with the City General Plan and the Terrabay Specific Plan as
amended concurrently with the approval of this Amendment.
~ection 10. The City Council hereby finds and determines pursuant to CEQA
Guidelines S 15168 that this Amendment is an activity within the scope of the
Specific Plan approved under the 1982 Program EIR for the Terrabay Project and
no new environmental effects would occur and no new mitigation measures would be
4
required by this Amendment than those covered in the 1982 Program EIR. The
Director of Economic and Community Development is directed to file the
appropriate Notice of Determination upon the effective date of this Amendment.
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
///
This Amendment h%s ~ on the date first written above.
SunChase B~ ~
Dated: 12/2/96
City of South San Francisco ~
Its: ~' ' Mayor Pro Tem
Approved as to form:
City Attorney
DevAgt. Tby
STATE OF ARIZONA
COUNTY OF MARICOPA
On November 8, 1996, before me, Renee M. Maday, personally appeared
Stephen E. Renneckar, personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument, the
person or the entity upon behalf of which the person acted, executed the instrument.
~ RENEE M. MAI)AY
~q~g~ mim¥ PuNo. ~mmm of Adz~a
~~~5,1~
WITNES~nd and official seal
Slgnatur~~o ~. ~~~
II I