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
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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
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