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Resolution making findings and determining that the re-conveyance of the City-owned parcel located at 201 Baden Avenue (APN 012-335-110) from Firehouse Live, LLC (Eden Housing) to the City of South San Francisco is in conformance with the South San Francisco adopted General Plan in accordance with provisions of State Planning Law (Govt. Code Section 65402)
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WHEREAS, the City of South San Francisco (“City”) formerly owned certain real properties located in the City of South San Francisco, California, known as County Assessor’s Parcel APN 012-335-100 and APN 012-335-110 (“201 Baden Avenue”); and,
WHEREAS, 201 Baden Avenue is a City-owned retired firehouse; and,
WHEREAS, the 201 Baden firehouse is currently vacant and the parking lot is used as public parking; and,
WHEREAS, in September 2017, the City issued a Request for Qualifications (“RFQ”) to select a developer who would create a high quality, mixed-use, transit-oriented development on 201 Baden; and,
WHEREAS, the City selected a developer team that proposed to retain and restore the firehouse for commercial purposes on one half of the site and develop housing on the second half of the site; and,
WHEREAS, in November 2021, the City and Firehouse Live, LLC (Eden Housing) executed a Purchase and Sale Agreement (the “PSA”) pursuant to which Eden Housing would purchase the approximately 0.3-acre second half of the site of a former City-owned property located at 201 Baden Avenue (the “Eden Parcel”) for the development of a senior affordable housing project; and
WHEREAS, on September 16, 2021, prior to disposition of real property owned by the City, the Planning Commission as the planning agency for the City found the disposition was in conformity with the adopted general plan in accordance with Government Code section 65402; and
WHEREAS, the PSA included post-closing obligations, including but not limited to, submitting and receiving planning entitlements by the deadlines outlined in the Schedule of Performance of the PSA; and
WHEREAS, Eden Housing has repeatedly been unable to meet the PSA post-closing obligations, notwithstanding two PSA amendments that were executed between Eden Housing and the City in 2022 and 2023 granting Eden Housing time extensions and project scope downscaling; and
WHEREAS Eden Housing on September 17, 2024, sent a letter to the director of the Economic and Community Development Department requesting the City to re-convey the property due to their disinterest in further pursuing the senior affordable housing project at 201 Baden Avenue; and
WHEREAS, Eden Housing and the City will execute a third PSA amendment for the re-conveyance of the 201 Baden Avenue Eden Parcel back to City ownership; and
WHEREAS, prior to acquisition of real property by the City, the Planning Commission as the planning agency for the City is required to find such a re-conveyance is in conformity with the adopted general plan in accordance with Government Code section 65402; and,
WHEREAS, Eden Housing will return the Eden Parcel to the City unchanged since the City last held ownership of the Eden Parcel in November 2021; and
WHEREAS, the current use of the Eden Parcel as a public parking lot will remain unchanged through the re-acquisition of the property; and
WHEREAS, the continued operation of a public parking lot on the Eden Parcel is consistent with the Downtown Transit Core Land Use Designation in the South San Francisco General Plan, which permits public parking facilities to support commercial activities in the downtown area.
A. General Findings
1. The foregoing recitals are true and correct and made a part of this resolution.
2. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of the Chief Planner.
3. The re-conveyance of the Eden Parcel (APN 012-335-110) from Firehouse Live, LLC (Eden Housing) to the City of South San Francisco is consistent with the General Plan, as the property will continue its existing use as a public parking lot which supports the Downtown Transit Core designation's goal supporting commercial activity in the downtown area; and does not preclude the future development of the site as a housing project.
NOW, THEREFORE, BE IT FURTHER RESOLVED that in accordance with California Government Code section 65402, the Planning Commission finds that the location, purpose and extent of the proposed re-conveyance of the property at 201 Baden Avenue (APN 012-335-110) from Firehouse Live, LLC (Eden Housing) to the City of South San Francisco is in conformance with the City's adopted General Plan.
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