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CONDITIONS OF APPROVAL
P21-0117: DR22-0010, TDM22-0004, ND22-0001 and CB23-0001 800 DUBUQUE AVENUE
(As recommended by City Staff to Planning Commission on June 15, 2023, and to City Council on July 12, 2023)
PLANNING DIVISION REQUIREMENTS SHALL BE AS FOLLOWS:
GENERAL
1. The project shall be constructed and operated substantially as indicated on the plan set prepared by Perkins & Will Architects, dated October 31, 2022, and approved by the Planning Commission in association with P21-0117 as amended by the conditions of approval. Thefinal plans shall be subject to the review and approval of the City’s Chief Planner.
2. The construction drawings shall comply with the Planning Commission approved plans, as amended by the conditions of approval, including the plans prepared by Perkins & Will Architects, dated October 31, 2022.
3. Applicant shall submit a checklist showing compliance with Conditions of Approval with building permit plans.
4. Prior to issuance of any building or construction permits for the construction of public improvements, the final design for all public improvements shall be reviewed and approved by the City Engineer, Fire Marshal, and Chief Planner, or designee.
5. Prior to issuance of any building or construction permits for grading improvements, the applicant shall submit final grading plans for review and approval by the City Engineer and Chief Planner.
6. The project shall incorporate requirements and criteria related to the Comprehensive Airport Land Use Compatibility Plan (ALUCP), per SSFMC Section 20.300.003.
7. Any modification to the approved plans shall be subject to SSFMC Section 20.450.012 (“Modification”), whereby the Chief Planner may approve minor changes. All exterior design modifications, including any and all utilities, shall be presented to the Chief Planner for a determination.
8. Unless the use has commenced or related building permits have been issued within two (2) years of the date this permit is granted, this permit will automatically expire on that date, subject to any extensions provided under the Subdivision Map Act or other applicable law. A one-year 018135.0004 4864-3192-6885.4
permit extension may be granted in accordance with provisions of the SSFMC Chapter 20.450 (Common Procedures)
9. The permit shall not be effective for any purpose until the property owner or a duly authorized representative files a signed acceptance form, prior to the issuance of a building permit, stating that the property owner is aware of, and accepts, all of the conditions of the permit.
10. The permit shall be subject to revocation if the project is not operated in compliance with the conditions of approval.
11. Neither the granting of this permit nor any conditions attached thereto shall authorize, require or permit anything contrary to, or in conflict with any ordinances specifically named therein.
12. Prior to construction, all required building permits shall be obtained from the City’s Building Division.
13. Demolition of any existing structures on site will require demolition permits.
14. All conditions of the permit shall be completely fulfilled to the satisfaction of the affected City Departments and Planning and Building Divisions prior to occupancy of any building.
15. When submitting an application for building permits, the applicant shall demonstrate compliance with all Conditions of Approval and Mitigation Measures (if applicable).
CONSTRUCTION
16. The applicant is responsible for maintaining site security prior to, and throughout the construction process. This includes installation of appropriate fencing, lighting, remote monitors, or on-site security personnel as needed.
17. The applicant is responsible for providing site signage during construction, which contains contact information for questions regarding the construction.
18. Prior to proceeding with exterior construction, the applicant shall provide a full-scale mockup of a section of exterior wall that shows the cladding materials and finishes, windows, trim, and any other architectural features of the building to fully illustrate building fenestration, subject to site inspection and approval by Planning Division staff.
19. After the building permits are approved, but before beginning construction, the owner/applicant shall hold a preconstruction conference with City Planning, Building, Fire and Engineering staff and other interested parties. The developer shall arrange for the attendance of the construction manager, contractor, and all relevant subcontractors.
DESIGN REVIEW / SITE PLANNING
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20. All equipment (either roof, building, or ground-mounted) shall be screened from view through the use of integral architectural elements, such as enclosures or roof screens, and landscape screening or shall be incorporated inside the exterior building wall. Equipment enclosures and/or roof screens shall be painted to match the building. Prior to issuance ofa building permit the applicant shall submit plans showing utility locations, stand-pipes, equipment enclosures, landscape screens, and/or roof screens for review and approval by the Chief Planner or designee.
21. Prior to issuance of any building or construction permits for landscaping improvements, the applicant shall submit final landscaping and irrigation plans for review and approval by the City’s Chief Planner. The plans shall include documentation of compliance with SSFMC Section 20.300.007, Landscaping.
22. Plant materials shall be replaced when necessary with the same species originally specified unless otherwise approved by the Chief Planner.
23. All landscape areas shall be watered via an automatic irrigation system which shall be maintained in fully operable condition at all times, and which complies with SSFMC Chapter
20.300 (Lot and Development Standards).
24. All planting areas shall be maintained by a qualified professional; the landscape shall be kept on a regular fertilization and maintenance program and shall be maintained weed free.
25. Plant materials shall be selectively pruned by a qualified arborist; no topping or excessive cutting-back shall be permitted. Tree pruning shall allow the natural branching structure to develop.
26. All landscaping installed within the public right-of-way by the property owner shall be maintained by the property owner.
27. Prior to issuance of certificate of occupancy, the applicant shall submit final landscaping and irrigation plans demonstrating compliance with the State’s Model Water Efficiency Landscaping Ordinance (MWELO), if applicable.
a) Projects with a new aggregate landscape of 501 – 2,499 sq. ft. may comply with the prescriptive measures contained in Appendix D of the MWELO. b) Projects with a new aggregate landscape of 2,500 sq. ft. or greater must comply with the performance measures required by the MWELO.
c) For all projects subject to the provisions of the MWELO, the applicant shall submit a Certificate of Completion to the City, upon completion of the installation of the landscaping and irrigation system.
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28. Prior to issuance of any building or construction permits, if the project is phased, the applicant shall submit interim and final phasing plans and minor modifications to interim and final phasing plans for review and approval by the Chief Planner, City Engineer, and Chief Building Official.
29. The applicant shall contact the South San Francisco Scavenger Company to properly size any required trash enclosures and work with staff to locate and design the trash enclosure in accordance with the SSFMC Section 20.300.014, Trash and Refuse Collection Areas.
Applicant shall submit an approval letter from South San Francisco Scavenger to the Chief Planner prior to the issuance of building permits.
30. No actionable comments or recommendations were issued by the Design Review Board from their meeting of August 16, 2021. No further actions are required by the project to satisfy DRB Review Comments and Requirements.
31. Landscaped areas in the project area may contain trees defined as protected by the South San Francisco Tree Preservation Ordinance, Title 13, Chapter 13.30. Any removal or pruning of protected trees shall comply with the Tree Preservation Ordinance, and applicant shall obtain a permit for any tree removals or alterations of protected trees, and avoid tree roots during trenching for utilities.
32. The applicant shall install a three-inch diameter, PVC conduit along the project frontage, in the right-of-way, if any trenching isto take place,forthe purpose offuture fiberinstallation.
Conduit shall have a pull rope or tape. A #8 stranded trace wire will be installed in the conduit or other trace wire system approved by the City.
33. Prior to receiving certificate of occupancy, the applicant shall install any street furniture, trash receptacles, and bicycle racks as shown on the plan set along the project sidewalk frontages.
The Planning Division shall review and approve all street furniture, trash receptacles and bicycle rack options during the Building Permit process.
34. Permanent project signage is not included in project entitlements. Prior to installation of any project signage, the applicant shall submit an appropriate sign application per Chapter 20.360 of the Zoning Ordinance for review and approval.
TRANSPORTATION / PARKING
35. A Parking and Traffic Control Plan for the construction of the project shall be submitted with the application for Building Permit, for review and approval by the Chief Planner and City Engineer.
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36. The applicant has prepared and submitted a Preliminary Transportation Demand Management (TDM) Plan. In accordance with South San Francisco Municipal Code Chapter 20.400, Transportation Demand Management, prior to issuance of a building permit for any tenant improvements the applicant shall submit a Final TDM Plan for review and approval by the Chief Planner.
a) The Final TDM Plan shall include all mandatory elements included in the Ordinance and shall substantially reflect the Draft TDM Plan prepared by Fehr & Peers, dated March 6, 2023.
b) The Final TDM Plan shall outline the required process for on-going monitoring, including annual surveys. The initial annual survey will be submitted one (1) year after the granting of a certificate of occupancy. The initial annual survey shall either: (1) state that the applicable property has achieved the targeted performance requirement (50 points for Tier 4 projects), providing supporting statistics and analysis to establish attainment of the goal; or (2) state that the applicable property has not achieved the targeted performance requirement (50 points for Tier 4 projects), providing an explanation of how and why the goal has not been reached, and a description of additional measures that will beadopted in the coming year to attain the TDM targeted performance requirement.
c) The applicant shall be required to reimburse the City for program costs associated with monitoring and enforcing the TDM Program on an annual basis. The annual monitoring fee is $1,848.00 and is updated by the City Council on an annual basis. d) The Final TDM plan shall be subject to review and approval by the San Mateo City/County Association of Governments.
37. The Applicant shall participate in Commute.org’s Certified Development Program as part of the Project’s TDM Plan.
38. Annual monitoring of a site-specific trip cap would be conducted by the Applicant/Developer via annual vehicle counts at the Project’s two driveways. Counts would be conducted by an independent vendor over a period of one week during which school is in session.
a. Proposed Trip Cap Information (per Draft TDM Plan March 6, 2023):
The proposed trip cap is 1,680 peak period, peak direction vehicle trips, based on the calculations below (values rounded to the nearest 10):
• 857,000 square feet / 300 square feet per employee = 2,860 employees • Target 50% drive-alone rate for employees: 50% x 2,860 employees = 1,430 vehicle trips
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• Target 12% carpool rate: 12% x 2,860 employees / 3 people per vehicle = 110 vehicle trips
• 10% allowance for non-employee trips: 10% x 1,430 vehicle trips = 140 vehicle trips
• Peak period trip cap: 1,430 + 110 + 140 = 1,680 vehicle trips
39. Prior to occupancy, provide clear signage on site for commercial and visitor parking areas to help direct vehicle traffic.
40. Once construction of an associated parking structure is complete, construction-related parking should be prioritized within the structure.
IMPACT / DEVELOPMENT FEES
**Fees are subject to annual adjustment, and will be calculated based on the fee in effect at the time that the payment of the fee is due and taking into account any applicable fee credits. The fees included in the Conditions of Approval are estimates, based on the fees in place at the time of project approval.**
1. CHILDCARE IMPACT FEE: Prior to issuance of the first building permit, the applicant shall pay any applicable childcare fees in accordance with South San Francisco Municipal Code Chapter 20.310. This fee is subject to annual adjustment. Based on the plans approved by the City Council on July 12, 2023, the childcare impact fee estimate for the project is:
Non-Residential Uses:
- Office / R&D: $1.51/SF x 865,036 SF = $1,306,204.36
2. PARKS AND RECREATION IMPACT FEE: Prior to issuance of the first building permit, the applicant shall pay the Parkland Acquisition Fee and Parkland Construction Fee in accordance with South San Francisco Municipal Code Chapter 8.67. The fee is subject to annual adjustment.
Based on the plans reviewed and approved by the City Council on July 12, 2023, the park fee estimate for the project is:
Non-Residential Uses:
- Office / R&D: $3.54/SF x 865,036 SF = $3,062,227.44
- Administration Fee: $700
3. CITYWIDE TRANSPORTATION FEE: Prior to issuance of the first building permit, the applicant shall pay applicable transportation impact fees in accordance with South San Francisco Municipal Code Chapter 8.73. The fee is subject to annual adjustment. Based on the plans reviewed and approved by the City Council on July 12, 2023, the citywide transportation fee estimate for the project is:
Non-Residential Uses:
- Office / R&D: $34.85/SF x 865,036 SF = $30,146,504.60 018135.0004 4864-3192-6885.4
4. COMMERCIAL LINKAGE FEE: Prior to issuance of the first building permit, the applicant shall pay the applicable commercial linkage fee in accordance with South San Francisco Municipal Code Chapter 8.69, based on the current fee for each applicable land use category.
The fee shall be calculated based on the fee schedule in effect at the time the building permit is issued.
Based on the plans reviewed and approved by the City Council dated July 12, 2023, the commercial linkage fee estimate for the project is:
Commercial Uses:
- Office / R&D: $17.38/SF x 865,036 SF = $15,034,325.70
5. PUBLIC SAFEY IMPACT FEE: Prior to issuance of the first building permit for the development, the applicant shall pay applicable Public Safety Impact Fees in accordance with South San Francisco Municipal Code Chapter 8.75. The fee shall be calculated based on the fee schedule in effect at the time the building permit is issued. Based on the plans reviewed and approved by the City Council on July 12, 2023, the Public Safety Impact Fee for the project is:
Non-Residential Uses:
- Office / R&D: $1.31/SF x 865,036 SF = $1,133,197.16
6. LIBRARY IMPACT FEE: Prior to issuance of the certificate of occupancy for the development, whichever is earlier, the applicant shall pay applicable Library Impact Fee in accordance with South San Francisco Municipal Code Chapter 8.74. The fee is subject to annual adjustment.
Based on the plans approved by the City Council on July 12, 2023, the Library Impact Fee for the project is:
Non-Residential Uses:
- Office / R&D: $0.14/SF x 865,036 SF = $121,105.04
7. SCHOOL DISTRICT FEE: Prior to the issuance of a building permit for commercial/industrial projects, the City shall require proof of payment of this fee to SSFUSD. Based on the plans reviewed and approved by the City Council on July 12, 2023, the school district fee estimate for the project is:
- Commercial / Industrial Uses: $0.61/SF x 865,036 SF = $527,671.96
8. PUBLIC ART: All non-residential development is subject to the Public Art Requirement, per South San Francisco Municipal Code Chapter 8.76 (Ordinance 1613-2020). The public art requirement for this project will be satisfied through:
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- Every non-residential development project shall provide qualifying public art with a value equal to not less than 1% of construction costs for acquisition and installation of public art on the development site.
- A non-residential development project may elect to make a public art contribution payment in an amount not less than 0.5% of construction costs into the public art fund, in lieu of acquisition and installation of public art on the development project site.
9. Community Benefits Program Fee. Per SSFMC Section 20.395, the Community Benefits Fee is assessed on the proposed FAR from 1.0 to the maximum proposed at 3.3. The established fee is $20 / SF. Based on the plans reviewed and approved by the Planning Commission on June 15, 2023, the Community Benefits Fee estimate for this project is:
- Office / R&D: $20/SF x (1.0 – 3.3 FAR or 613,419 GSF) = $12,268,380 FAR Gross Square Footage CB Fee ($20 per GSF)
0 – 1.0 FAR 251,617 sq ft -
1.0 – 2.5 FAR 629,042 sq ft (Δ 377,425 sq ft) $7,548,500
2.5 – 3.3 FAR 865,036 sq ft (Δ 235,994 sq ft) $4,719,880
ENVIRONMENTAL MITIGATION MEASURES / CEQA
1. The applicant shall implement and comply with all applicable mitigation measures outlined in the Mitigation Monitoring and Reporting Program (MMRP) for the Initial Study / Mitigated Negative Declaration (ND22-0001).
COMMUNITY BENEFITS PROGRAM
In accordance with SSFMC Section 20.395 (Community Benefits Program), the Applicant has proposed a number of community benefits, subject to review by the City Council. In order to capture the proposed community benefits, the proposal is memorialized in these Conditions of Approval. The timing of any proposed payments/actions are listed, as applicable.
I. Proposed Direct Community Benefits
A. Funding Contributions. The Applicant proposes to make a monetary contribution to the City, in accordance with the City’s recently adopted Community Benefits Fee, in the amount of $4,742,500. This contribution will be provided prior to issuance of building permits for vertical construction.
B. Publicly Accessible Plazas. The Project includes approximately 35,315 square feet of plaza space that will be publicly accessible during business hours with well- appointed landscaping beyond City code requirements, outdoor furniture, special paving and lighting to enhance the comfort and usability of these spaces. Publicly accessible spaces will be visible from the public right of way and/or signage will be provided to indicate the spaces are available for public use. 018135.0004 4864-3192-6885.4
The City has indicated that it will consider 40% of the cost of these plazas as a public benefit, at a value of approximately $2,620,000.
C. Enhanced Connectivity and Access. The Applicant proposes to improve public access and connectivity around the Project site by installing new landscaping and sidewalk improvements, as well as facilitating vehicular and pedestrian connections to the Caltrain Station, with ample lighting for safety. We understand that the City will consider 35% of this estimated cost— approximately $3,727,500— as a community benefit, in accordance with the priorities set forth in Zoning Ordinance Section 20.395.004(B).
a. If these improvements are not possible due to external factors that are not within the Applicant’s control, the Applicant will instead submit a proposal for equivalent alternative pedestrian improvements or appropriate replacement, subject to the Chief Planner’s review and approval. Submittal requirements will include an in-kind valuation, site plan, and specifications for any proposed improvements. A financial contribution may be permitted if equivalent on-site improvements are not possible.
D. Building Electrification. The Applicant has committed to 100% electric buildings, furthering the City’s Climate Action Plan goals by avoiding use of natural gas; we understand that the City will consider 30% of the added upfront cost— approximately $1,530,000—as a community benefit toward mitigating the impacts of sea level rise.
E. Community Benefits Summary.
Funding Contribution $4,742,500
Publicly Accessible Plazas $2,620,000
Enhanced Connectivity & Access $3,727,500
Green Building/Electrification $1,530,000
TOTAL $12,620,000
II. Community Facilities District
The Applicant agrees to support City’s formation of a Community Facilities District (CFD) serving land within the East of 101 area, and generally as established within the parameters described in the City Manager’s presentation of October 2, 2019 on this topic (“2019 Presentation”), provided that (i) the Project’s maximum CFD assessment rate does not exceed one dollar ($1.00) per square foot of assessable real property, and (ii) the Project’s maximum CFD assessment rate does not exceed the rate assessed against other office/R&D properties in the East of 101 area. Subject to this commitment, Applicant shall not be prohibited from participating in public hearings, negotiations, or other communications regarding the formation of the CFD or the facilities and/or services proposed to be funded by CFD proceeds.
III. Summary of Additional Benefits and Commitments
The Project incorporates additional features and the Applicant has made certain commitments to further benefit the community. Some of these commitments overlap with the community benefits 018135.0004 4864-3192-6885.4
outlined in Part I and are included here for completeness. Others do not qualify as community benefits but are sizable and therefore worth identifying for the record.
Most notably, we have committed to utilizing union labor, including local hire, for mechanical, plumbing, electrical, shoring/dewatering, and electrical skin. We estimate the total cost is $46,400,000, and that the difference in costs between using labor vs non-union labor is roughly 12–14%.
As outlined above, the Project will be fully electrified to further the City’s Climate Action Plan goals at a total cost of $5,100,000. Additional green building design elements associated with achieving LEED Gold Certification and Fitwel cost a total of $11,100,000.
Additional physical improvements of note include:
• On-site public art installation to satisfy the City’s public art requirement that is valued at approximately $6,500,000.
• Streetscape improvements, consisting of improvements to sidewalks, crosswalks, curb ramps, curbs and gutters, undergrounding existing utility lines, stormwater features, street trees and landscaping along the Project’s Dubuque Avenue frontage, at a cost of $7,100,000. • Four-level subterranean parking structure, which significantly improves the Project’s aesthetics relative to above-ground parking, at a cost of approximately $190,000,000.
For questions regarding Planning Division COAs, please contact:
Christopher Espiritu (650) 877-8535 or [email protected]