Ord. No. 2023-5. Concar Passage Mixed-Use Project: Development Agreement Execution Extension Request.
Approve a Development Agreement Execution Extension for Concar Passage Mixed-Use Project (PA-2018-052)
WHEREAS, California Coastal Properties ("Applicant") requested land use entitlements for construction of up to 961 residential units, 40,000 square feet of commercial space and associated parking, landscaping, roadway improvements and common areas (the "Project"), which included a development agreement with the City (the "Agreement"); and
WHEREAS, the City Council considered the application on August 17, 2020, and adopted a Supplemental Environmental Impact Report to the Rail Corridor Plan Environmental Impact Report as adequate to analyze the environmental impacts of the Project; and
WHEREAS, the City Council adopted Resolution Number 94 (2020) on August 17, 2020 approving the Project, subject to the Findings for Approval and Conditions of Approval; and
WHEREAS, the City Council adopted Ordinance 2020-13 on August 17, 2020, approving a development agreement with the Applicant providing authority to the City Manager to execute the Agreement on or before September 20, 2023, provided that the Applicant obtains fee or ground leasehold interests in all of the parcels needed for the Project; and
WHEREAS, the Applicant has informed City staff that they will not be able to obtain fee or ground leasehold interests in all of the properties that comprise the Project by September 30, 2023; and
WHEREAS, the Applicant has submitted a request to the City Council seeking to extend the date to execute the Agreement by two years to provide additional time to acquire legal or equitable interest in all of the parcels needed for the Project; and
WHEREAS, the Applicant, in exchange for the two-year extension, has agreed to reduce the term of the Agreement set forth in Article 1, Paragraph B, Page 3, from twelve (12) to ten (10) years; and
WHEREAS, the Planning Commission held a public hearing on June 27, 2023, duly noticed, at which all public comments were considered and recommended that the City Council approve the extension request; and
WHEREAS, the City Council held a public hearing on July 17, 2023, duly noticed, at which all public comments were considered.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:
Section 1.
In accordance with Government Code section 65867.5, the Agreement is consistent with the City's General Plan and the Rail Corridor Transit Oriented Development Plan for the reasons set forth in the Findings for Approval in the Administrative Report accompanying this Ordinance; and
Section 2.
The Agreement is compatible with the requirements of the City's General Plan and Zoning Ordinance as outlined in the original project approval, and
Section 3.
For the reasons set forth in the Administrative Report accompanying the original project approval, the Agreement provides substantial public benefits to persons residing or owning property outside the boundaries of the development project, beyond the exactions for public benefits required in the normal development review process under federal, state, or local law; and
Section 4.
The Council approves the following amendments to the Agreement in substantially the form attached as Exhibit A to this Ordinance and authorizes the City Manager to execute the amended Development Agreement as follows:
(a) Recitals (Q.) The Applicant shall obtain fee or ground leasehold interests in all parcels needed to complete the Project and execute the Agreement by September 30, 2025. If the Applicant has not obtained legal or equitable interests in all of the parcels required to complete the Project by September 30, 2025, the approval terminates.
(b) Article 1 (B.) The term of this Agreement shall commence upon execution of the Agreement and shall expire ten (10) years after the effective date.
Section 5. Environmental Determination.
A Supplemental Environmental Impact Report to the Rail Corridor Plan Environmental Impact Report was prepared for this Project in accordance with Public Resources Code section 21061.
Section 6. Severability.
In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.
Section 7. Publication.
This Ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.
Section 8. Legislative History and Effective Date.
This ordinance was introduced on July 17, 2023, and adopted on August 21, 2023, and shall be effective 30 days after its adoption.
The foregoing ordinance was adopted by the City Council of the City of San Mateo, State of California by the following vote:
| AYES | Council Members Lee, Diaz Nash, Hedges, Loraine and Newsom |
|---|---|
| NOES | None |
| ABSENT | None |
ATTEST:
PROPOSED AMENDMENT
[For text of Proposed Amendment see PDF]
