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HomeMy WebLinkAboutOrd. 1396-2008 ORDINANCE NO. 1396-2008 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE ADOPTING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE BRITANNIA EAST GRAND PROJECT WHEREAS, in April 2002, the City Council approved a Developlnent Agreenlent with Slough Estates for the development of a cmnpus style biotechnology project located at the easterly tenninus of East Grand Avenue; and WHEREAS, HCP SSF, LLC, fonnerly known as SLOUGH SSF, LLC, ("Owner"), and the City entered into a Developlnent Agreelnent, adopted and approved in accordance with Govenllnent Code Section 65854 et seq., dated June 8, 2002 ("Developlnent Agreelnent"), as mnended by that certain First Amendlnent to the Developnlent Agreelnent for the Britmmia East Grand Project dated on or about March 9, 2005 ("First Anlendnlent") (collectively, the "Agreelnent"), for development of Office/Research and Development buildings with an aggregate square footage of approximately 783,533 square feet, an approxilnately 8,000 square foot childcare facility, an approximately 5,000 square foot fitness center, approxilnately 8,000 square feet of restaurant/retail space, and two (2) five-to-seven level parking structures, to be located on the Property (the "Project"); and WHEREAS, in accordance with the Califo111ia Enviromnental Quality Act, an Environmental Impact Report ("EIR") and Statement of Overriding Considerations was certified and adopted on April 24, 2002; and WHEREAS, in 2005, due to a downtun1 in the economy, the City Council approved the First Amendment to the Development Agreement, extending the tenn of the Agreelnent and the tinleline for certain required improvelnents; and WHEREAS, the Owner has requested an additional mnendlnent to defer the obligation to procure pennits, begin construction, and complete and occupy the child care facility for a period of five (5) years, as detailed in Exhibit 1, attached hereto and incorporated by reference ("Second An1endment"); and WHEREAS, Genentech is currently the sole occupant of the building space at the Proj ect cite, and is in process of constructing a child care facility near the project that will accolnlnodate Genentech's needs for the foreseeable future; and WHEREAS, the proposed Second Alnendment conlplies with the applicable zoning, subdivision, and building regulations, and with the objectives, policies, general land uses and programs specified in the South San Francisco General Plan, and does not change any of the prior land use determination for the Project; and WHEREAS, the proposed Second Amendment would not require major revisions to the EIR certified for the Project, would not result in new or substantially more severe significant envirolllnental inlpacts than those analyzed in the original EIR, and would not require in1plelnentation of mitigation n1easures or alten1atives not required in the original EIR; and WHEREAS, pursuant to section 15162 of the inlplen1enting guidelines for the Califon1ia Envirolunental Quality Act (CEQA), no additional CEQA review is required for adoption of the Second AInendment; and WHEREAS, pursuant to Municipal Code section 19.60.050, the Director of Econolnic and Comnlunity Developlnent has reviewed the Second AInendlnent and found it to be in the proper fonn and thereafter referred the AInendlnent to the Planning Commission for a public hearing; and WHEREAS, on May 15, 2008, at a duly noticed public hearing of the City of South San Francisco Plmming COlnnlission, the COlnlnission heard testimony and received evidence regarding the proposed Second AI11endment to the Developnlent Agreen1ent and thereafter, on a 5 to 0 vote, reconl1nended that the City Council adopt the proposed Second AInendlnent; and WHEREAS, on June 11,2008, pursuant to Municipal Code section 19.060.110 the City Council conducted a properly noticed public hearing on the proposed Amendment to the Developn1ent Agreelnent for the proj ect. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1. FINDINGS. Based on their independent review of the entirety of the record, which includes without linlitation, the South San Francisco General Plan and Municipal Code, the prior approvals for the Project including the Developlnent Agreement and First Amendlnent; the proposed Second AInendlnent and suppoliing documentation thereto; all public testimony and the materials sublnitted at the May 15, 2008 Plam1ing COlnmission meeting, including all staff reports and minutes; all public testin10ny and the Inaterials sublnitted at the June 11, 2008 City Council nleeting, including all staff reports and minutes, the City Council hereby finds as follows: A. The proposed Second Alnendlnent to the Development Agreen1ent for the Britmmia East Grand Project is consistent with the objectives, policies, general land uses and programs specified in the South San Francisco General Plan, as amended and adopted. The Proj ect provides high value jobs for persons in the bio-technology fields and the cmnpus style development that includes recreation opportunities, child care and public transportation options is consistent with the General Plan policies identified in the findings that support approval of the Plmmed Unit Developlnent Pennit. The Second Amendment does not change any of the prior land use detenninations for the project. Rather, the Second Amendment adjusts the timelines for procurement of permits, start of construction, completion, and operation of the required child care facility. B. The proposed Second Alnendment to the Development Agreement for the Britam1ia East Grand Project complies with all applicable zoning, subdivision, and building regulations and with the General Plan. The Planning Comlnission independently reviewed the proposed Second with the General Plan. The Planning Commission independently reviewed the proposed Second AInendInent to the Development Agreement for the Britannia East Grand Project, the General Plan, Chapters 20.78 and 20.84 of the Zoning Ordinance as amended, Chapter 19.60 of the South San Francisco Municipal Code, Title 15 of the Municipal Code, and applicable state and federal law. C. The proposed Second AmendInent to the Developlnent Agreement for the Project states its specific duration. D. The proposed Second AInendment to the Developlnent Agreement for the Britam1ia East Grand Project does not alter the permitted uses of the property subject over those approved by the City Council on or about April 24, 2002. E. The proposed Second AInendment to the Developlnent Agreement for the Britam1ia East Grand Project does not change the pennitted density and intensity of use of the propeliy subject thereto as previously approved by the City Council on or about April 24, 2002. F. The proposed Second AInendment to the Developlnent Agreement does not alter the maxiInuIn pennitted height and size of proposed buildings on the property subject thereto previously approved by the City Council on or about April 24, 2002. G. The proposed Second Alnendment to the Development Agreement for the Britm1l1ia East Grand Project does not propose any dedication of land for public purposes fro In the property subject thereto. H. Currently, Genentech is the sole occupant of the property, and Genentech is in the process of constructing a 53,000 square foot child care facility near the Project that will adequately accomn10date the child care needs of the Genentech workforce, including those eInployees working in the Britmmia East Grand Project for the foreseeable future. 1. The proposed Second AInendInent to the Development Agreement negotiated pursuant to and in accordance with Govenunent Code section 65864 et seq., in conjunction with the Development Agreement, sets forth the duration, property, project criteria and other required infoffi1ation identified in Govel11lnent Code section 65865.2. Based on the findings in support of the Developlnent Agreement approved in 2002 and its review of the proposed Second AIllendment thereto, the City Council finds that the Second Amendn1ent to the Development Agreement, vesting a proj ect for a campus style development of nine Research and Developlnent buildings, is consistent with the General Plan and consistent with the applicable zoning regulations. SECTION 2. ADOPTION OF SECOND AMENDMENT. The City Council of the City of South San Francisco hereby adopts this ordinance approving the Second Amendment to the Development Agreement between the City of South San Francisco and Slough SSF, LLC for the Britmmia East Grand Project. The approved Second Amendment to the Developlnent Agreenlent is attached hereto as Exhibit 1 and incorporated herein by reference. SECTIOJ'.J 3. SEVERABILITY. In the event any section or pOliion 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 Govel1unent Code Section 36933, a SumInary of this Ordinance shall be prepared by the City Attonley. At least five (5) days prior to the Council Ineeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the SumInary, 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 froln and after its adoption. * * * * * Introduced at a regular Ineeting of the City Council of the City of South San Francisco, held the 11 th day of June 2008. Adopted as an Ordinance of the City of South San Francisco at a regular Ineeting of the City Council held the 25th day of June 2008 by the following vote: AYES: Councilmembers Mark N. Addiego, Richard A. Garbarino and Kevin Mullin, Mayor Pro Tem Karyl Matsumoto and Mayor Pedro Gonzalez NOES: ABSTAIN: None ABSENT: None As Mayor of the City of South San Francisco, I do hereby approve the fo~going ordinance this 25th day of June 2008. G/' EXHIBIT 1 Second Amendment 1. Child Care. The Owner and City acknowledge that as contemplated in Section l.B of Exhibit C-l to the First AInendment, Owner has notified City of the issuance of (or cOInmitlnents to issue) the necessary Environmental Clearances (as defined in such Exhibit C-l) to construct the childcare facility on- site. Notwithstanding the receipt of such Enviromnental Clearances, the Owner and City agree to defer the obligation to construct the childcare facility pursuant to the provisions of Section 1 O( c) of the Developn1ent Agreement, as mnended by Section 4 of the First An1endment, for a period of five (5) years. Accordingly, all of the dates referenced in Section 1 of Exhibit C-1 to the First Amendment are hereby extended by five (5) years, including, but not liInited to, (a) under subsection 1.B(1) of such Exhibit C-I, the date to commence constnlction of the facility, which shall be extended from December 31, 2008 to December 31, 2013, and the date of completion of the construction of the facility, which shall be extended fronl December 31, 2010 to December 31,2015; (b) under subsection 1.B(2) of such Exhibit C-l, the date to submit an application for a building permit for the facility, which shall be extended from DeceInber 31, 2008 to DeceInber 31,2013; (c) under subsection 1.B(2)(a) of such Exhibit C-l, the date to complete constnlction of an off-site facility (if applicable), which shall be extended from Decelnber 31, 2010 to December 31,2015; and (d) under subsections 1.B(2)(a) and (c) of such Exhibit C-I, the date to acquire a site for constnlction of an off-site facility (if applicable), which shall be extended fronl June 30, 2009 to June 30, 2014. In the interiln, the land designated for the childcare facility shall be landscaped with improvements consistent with the Britam1ia East Grand Business Park. The Plm1l1ing Director for the City has the authority and discretion to approve such landscaping improvenlents.