HomeMy WebLinkAboutOrd 1200-1997ORDINANCE NO. 1200-97
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN ORDINANCE APPROVING A SECOND 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 EXTENDING THE EXPIRATION DATE OF THE
AGREEMENT TO FEBRUARY 14, 2007
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 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
"Second Amendment to Development Agreement").
B. The Second Amendment to Development Agreement relates to the
property within the Terrabay Specific Plan District (as shown in Exhibit A to
the Amendment).
C. The Second Amendment to Development Agreement is consistent with
the City's General Plan.
D. The Second Amendment to Development Agreement is consistent with
the Terrabay Specific Plan as amended concurrently with this Amendment.
E. The Second Amendment to 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 Second Amendment to Development Agreement have taken place in accordance
with Government Code §65864 et. seq. and with Chapter 19.60 of the South San
Francisco Municipal Code.
SECTION 2. AMENDMENT TO DEVELOPMENT AGREEMENT APPROVED AND ADOPTED.
A. The Second Amendment to 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 Second Amendment to Development Agreement shall take effect on
the effective date of this Ordinance.
D. Upon execution of the Second Amendment to 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.
SECTION 3. SEVERABILITY.
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 special
City of South San Francisco held on the
1996.
meeting of the City Council of the
18th day of December ,
Adopted as an Ordinance of the City of South Francisco at a regular
__meeting of the City Council of the City of South San Francisco held the
gth day of ,]an~Jary , 1997 by the following vote:
AYES: Councilmembers Eugene R. Mullin, Robert Yee and Mayor
Joseph A,
Councilmember John R. Penna
NOES:
ABSTAIN:
Coullcilm~mh~r ,lmm~ ~ . Dat7man
ABSENT: Nnn~
ATTEST:
~~ e~rk~~~
City C1
As Mayor of the City of South San Francisco, I do hereby approve the
foregoing Ordinance this 8th day of
January , 1997 .
~ Mayor /
A: \TBAMEND2. OB/)
EXHIBIT i TO ORDINANCE NO. 1200-97
EXHIBIT 1 TO ORDINANCE NO. ~
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
This Second 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 Califo~ia corporation. ("SunChase"), and the City
and is entered into this __ day of ,1997.
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
6008693.1
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
WI-IEREAS, the terms of the Specific Plan and Development Agreement have been
extended to February 14, 1997 pursuant to a provision which requires that the expiration date of
these approvals be tolled for delay caused by litigation relating to the Terrabay Project; and
WHEREAS, by Ordinance No. 1191-96 the City approved the First Amendment to the
Development Agreement 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, Sunchase and the City desire to enter into a Second Amendment to the
Development Agreement to extend the term of the Development Agreement through February 14,
2007.
WHEREAS, Government Code § 65868 and Chapter 19.60 of the City Code establish the
procedure and authority for amending development agreements; and
WI-IEREAS, 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"). Whereas, a Supplemental Environmental Impact Report
for the Terrabay development including, specifically, the ten year extension contemplated herein,
was prepared and certified by the City Council; and
WI-I~KEAS, 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; and
WHEREAS, on ,1996, the City Council adopted Ordinance No.
approving and adopting this Amendment and the ordinance thereafter took effect on ,
1997. The effective date of this Amendment is the effective date of Ordinance No.
NOW, THEREFOR~E, the City and SunChase, pursuant to the authority contained in
Government Code § 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:
Section 1. Section 2 of the Development Agreement between Sunchase G.A.
California, Inc. (as successor to Terrabay, a California general partnership) and the City of South
San Francisco is hereby amended to read as follows:
"2. Duration.
This agreement shall commence on April 14, 1988 and shall expire on February 14,
2007."
Section 2. Section 29 of the Development Agreement shall be amended to read as
follows:
"29. Notices.
I Il
All notices required or provided for under this Agreement shall be in writing and
delivered in person or sent by certified mail, postage prepaid. Notice required to be given shall
addressed as follows:
City:
City Clerk
400 Grand Avenue
South San Francisco, California 94080
and
City Attorney
315 Maple Avenue
South San Francisco, California 94080
Sunchase G.A. California, Inc.:
Section 2.5. Condition No. 22 is hereby added to Exhibit E-1 of the Development
Agreement dated April 14, 1988 to read as follows:
"22. In furtherance of Development Agreement Exhibit E-l, Condition No. 21, the
Project Sponsor shall, within sixty (60) days of the effective date of the extension, submit for City
Council review and approval a schedule for preparation of the plans and specifications for
construction of the hook ramps, for obtaining approvals from the California Department of
Transportation and other affected agencies, and for construction of the hookramps.'
Section 3. 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 4. The effective date of this Amendment shall be the effective date of
Ordinance No. ~ approving and adopting this Amendment.
Section 5. 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.
Section 6. The City Council hereby finds that the certified Supplemental
Environmental Impact Report adequately identifies and mitigates, where possible, the
environmental'impacts associated with the extension of the Development Agreement and Specific
Plan expiration dates. The Director of Economic and Community Development is directed to file
the appropriate Notice of Determination upon the adoption date of the Ordinance approving this
Amendment..
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This Amendment has been executed on the date first written above.
Dated:
SunChase G.A. California, Inc.
By:
Its:
City of South San Francisco
Dated:
Attest:
City Clerk
Approved as to form:
City Attorney
405/ordinanc/6008693.doc
By:
Mayor
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