Title
Ordinance adopting a Development Agreement to extend approved entitlements to construct a new Office/R&D Campus at 800 Dubuque Avenue in the East of 101 Transit Core Zoning District for a period of ten (10) years in exchange for pre-payment of Community Benefit Program Fee obligations in accordance with Title 19 and 20 of the South San Francisco Municipal Code.
Body
WHEREAS, the applicant received entitlements approval (P21-0117) by the City Council on July 12, 2023, for the construction of a new Office/R&D campus at 800 Dubuque Avenue (APN 015-021-030 and 5.89 acres) and comprised of three new office and R&D buildings on the site at approximately 857,000 square feet with 1,335 parking spaces (“Project”); and
WHEREAS, approval of the applicant’s proposal was considered a project for purposes of the California Environmental Quality Act, Pub. Resources Code §21000, et seq. (“CEQA”); and
WHEREAS, the City filed a Notice of Determination on July 13, 2023, determining that a Mitigated Negative Declaration (ND22-0001) was the appropriate document and that the project would not have a significant effect on the environment; and
WHEREAS, the applicant now seeks approval of a Development Agreement (DA24-0001) for the Project to extend entitlement approval for a period of ten (10) years; and
WHEREAS, in exchange for the term extension, the applicant will make up to three (3) pre-payments towards their outstanding Community Benefit Program fee obligations; and
WHEREAS, on July 17, 2025, the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing, at which time interested parties had the opportunity to be heard, to consider the Development Agreement, as well as supporting documents, at the conclusion of which the Planning Commission recommended that the City Council find that the previously adopted Mitigated Negative Declaration remains accurate and approve the Development Agreement; and
WHEREAS, the City Council held a duly noticed public hearing on August 27, 2025, to consider the Development Agreement and take public testimony.
NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the South San Francisco General Plan and General Plan EIR; the South San Francisco Municipal Code; the Project applications; the draft Development Agreement; the Initial Study/Mitigated Negative Declaration, as prepared by Lamphier-Gregory, Inc., dated March 2023; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed June 15, 2023 meeting; all site plans, and all reports, minutes, and public testimony submitted as part of the City Council’s duly noticed July 12, 2023 meeting; all site plans, and all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed July 17, 2025 meeting; all site plans, and all reports, minutes, and public testimony submitted as part of the City Council’s duly noticed August 27, 2025 meeting and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of South San Francisco hereby finds as follows:
SECTION 1 FINDINGS
General
1. The foregoing recitals are true and correct and made a part of this Ordinance.
2. The Exhibits attached to this Ordinance, including the draft Development Agreement (Exhibit A), are each incorporated by reference and made a part of this Ordinance, as if set forth fully herein.
3. 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.
Development Agreement (DA24-0001)
1. The draft Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan as it conforms to all governing land use requirements and would only extend the duration of project entitlements to ten (10) years;
2. The draft Development Agreement is compatible with the uses authorized in, and the regulations prescribed for the land use district in which the real property is located and would only extend the duration of project entitlements to ten (10) years;
3. The draft Development Agreement is in conformity with public convenience, general welfare, and good land use practice given the extended term for the entitlements proposed in the draft Development Agreement will allow the City to absorb new development over a longer period with fewer temporary impacts related to new construction;
4. The draft Development Agreement will not be detrimental to the health, safety, and general welfare given the extended term for the entitlements proposed in the draft Development Agreement will allow the City to absorb new development over a longer period with fewer temporary impacts related to new construction;
5. The draft Development Agreement will not adversely affect the orderly development of property or the preservation of property values and instead will contribute to a paced development and orderly transition from industrial use to an Office/R&D campus.
SECTION 2 APPROVAL OF DEVELOPMENT AGREEMENT
1. The City Council of the City of South San Francisco hereby approves the Development Agreement with Dubuque Center LP & 900 Dubuque LP attached hereto as Exhibit A and incorporated herein by reference.
2. The City Council further authorizes the City Manager to execute the Development Agreement, on behalf of the City, in substantially the form attached as Exhibit A, and to make revisions, corrections, and minor modifications to such Agreement, subject to the approval of the City Attorney, which do not materially alter or substantially increase the City’s obligations thereunder.
SECTION 3 SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 4 PUBLICATION AND EFFECTIVE DATE
Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the City Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, 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 from and after its adoption.