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HomeMy WebLinkAboutReso - PC - 2024-03.11 - 9B-DAl "rcusign Envelope iD: 6l FAEADC-41 18-4!116-9559-42A0F1C846FD RECORDING REOUESTED BY Plannlng Depadment City of Burlingame WHEN RECORDED MAIL TO COMMUNITY DEVELOPMENT DEPARTN{ENT Clry 0F BURLINGAIvIE 50,1 PRIMROSE ROAD BURLINGAME, CA 94010 2024-025405 3:0{pm 05n4tm24R1 Fs€: NO FEE Counl of pages 3 Rscorded in Off icial Records Co unty of San Mateo Mark Church Assesso r.County Clerk-Recoader ifl ii il|il iillllfl l[ilu ililfl t illillil[llllllll ltijl ilirlt Resolution No 2024-03.1 1-9B-DA 1200-1340 OLD BAYSHORE HIGHWAY AP Ns 026-1 1 3-47 0, 026- 1 1 3-480, 026-1 42-220, 026-1 42-1 60, 026-1 42-1 7 0, 026-1 I 3-330, 026- 1 1 3-450, 026-1 42-1 00, 026- I 42- 200,026-142-240,026-1 42-020, 026-1 42-030, & 026-1 42-1 80 I hereby cedify this to be a ful true and mnmt copy of the document it purports to be, the original of which is on file in my office. Dale March 22 2024 Ww Aarlwy TITLE OF DOCUMENT CITY lcB RL{Fd riG r.4 E Kevrn Gardiner. AICP. Commun ty Development ATED TJUNE ta 2024-03 .11 -98-DA RESOLUTION NO. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BURL]NGAME RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BURLINGAME AND DW BURLINGAME I OWNER LLC, DW BURLINGAME II OWNER LLC, DW BURLINGAME OWNER II A LLC, DW BURLINGAME OWNER II B LLC, AND DW BURLINGAME III OWNER LLC, RELATED TO THE DEVELOPMENT PROJECT AT 12OO-1340 OLD BAYSHORE HIGHWAY RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, on March 24,2022, DW Burlingame I Owner LLC, DW Burlingame ll Owner LLC, DW Burlingame ll Owner A LLC, DW Burlingame ll Owner B LLC, and DW Burlingame lll Owner LLC ("Developer') submitted a proposal for the assembly of parcels at 1200-1340 Old Bayshore Highway to construct three, 11-story office/research & development buildings and two, 10-1o,s-story parking structures, and flled applications for Environmental Review, Commercial Design Review, Special Permits for Building Heights and Development under Tier 3/Community Benefits, and a Vesting Tentative Map (collectively, the "Prolect Approvals"); and WHEREAS, on February 13, 2023, in conjunction with the Design Review Study meeting, the Planning Commission held a pr+.application study session on the Development Agreement application pursuant to Burlingame Municipal Code Section 25.104.040; and WHEREAS, City staff and the Developer have negotiated proposed terms for a development agreement for the 1200-1340 Old Bayshore Highway Project (the Development Agreement) attached hereto as Attachment 1 to Exhibit "A"; and WHEREAS, on March 11, 2024, the Planning Commission of the City of Burlingame reviewed and considered the proposed Development Agreemenl, the staff report and all other written materials and testlmony presented at a duly noticed public hearing as required by law; WHEREAS, on January 17, 2023, the Developer submittal an application for a Development Agreement per Burlingame Municipal Code Chapter 25.104 and Califomia Govemment Code sections 65864 ef seq. (the Development Agreement Statute) which authonzes a city and a party having a legal or equitable interest in real property to enter into a voluntary development agreement, which among other things can establish certain development rights in property and provide certain benefits for the public; and 1 NOW, THEREFORE, BE lT RESOLVED that the Planning Commission: 1. Finds that the foregoing recitals are true and @rrect and are incorporated herein by reference. 2. Recommends to the City Councll that it adopt the ordinance attached hereto as Exhibit A and enter into the Development Agreement with the Developer attached as Attachment 1 to Exhibit A, all of which are incorporated herein by reference. ln making such recommendation, the Planning Commission acknowledges that the flnal form of development agreement may contain additional or different details, including regarding terms and scheduling, which the Council may negotiale and include in its discretion. 3. Finds that the above recommendation is based on the planning commission's review and consideration of lhe Development Agreement, staff report, and all public testimony received. 4. Further finds that the above recommendation is based on the following: a. The Development Agreement is consistent with the objectives, policies, general land uses and programs specmed in the General plan as described in the staff report and the record for the Project Approvals. b. The Development Agreement is consistent with the zoning and other land use regulations applicable to the property as described in the Development Agreement recitals, the staff report, and the record for the pro.ject Approvals_ c. The Development Agreement provides that the Vesting Tentative Map for the Pro.iect will comply with applicable subdivision requirements. Chair J'trn+P , Secretary of the Burlingame Planning Commission, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 11th day of March, 2024, by the following vote: i200-'13,ll! OLI) BAYSHORE HWY- RESO 202,1-03.1'l-gBJAAYES: COIAROTO, HORAN, LOWENTHAL PFAFF, SCHTID, SHORESNOES: NONE ABSENT: TSE RECUSED: NolilE 2