Reso 23-08 PC Reso 0030 Reso Recommending Approval of Amend. No. 3 to the 1548 Maple DA05.02.2023

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WHEREAS, in light of the delays associated with the lengthy negotiations around the Tri-Party Agreement and the substantial disruptions, including supply chain disruptions, resulting from the COVID-19 pandemic, Developer has requested a three year extension of the 5-year Initial Term of the Development Agreement in exchange for Developer waiving force majeure related claims that might otherwise have been applicable prior to the date of the Third Amendment (defined below), with the exception of the Litigation Force Majeure Delay; and WHEREAS, Developer and City desire to enter into a Third Amendment to Development Agreement in the form attached hereto as Exhibit A (“Third Amendment”) to, among other things, acknowledge the Litigation Force Majeure Delay, extend the 5-year Initial Term of the Development Agreement by three (3) years to a total of 8 years in light of the above described delays in implementing the Project such that the Initial Term will now expire 8 years from the Effective Date of the Development Agreement, provide Developer the flexibility to phase construction of the Bay Trail with the townhome units fronting said Bay Trail on the condition that Developer ensure continuous pedestrian and bicycle access via the Blomquist bike lanes during periods that the planned Bay Trail is closed for construction; and WHEREAS, the Third Amendment is a major amendment requiring a public hearing before the City Council because it extends the Term of the Development Agreement; and WHEREAS, pursuant to California Government Code Section 65867, notices of the public hearing for this ordinance were mailed to the owner of the Property and all owners of real property shown on the latest equalized assessment roll within 300 feet of the Property at least ten (10) days prior to the hearing and a notice was published in the San Mateo Daily Journal at least ten (10) days prior to the hearing; and WHEREAS, on ___________, 2023, the City Council held a public hearing at which time interested persons had an opportunity to provide comments on the proposed Third Amendment. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF REDWOOD CITY DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The recitals set forth above are true and correct and are hereby incorporated herein by this reference as if fully set forth in their entirety. SECTION 2. Pursuant to California Government Code Sections 65867.5 and 65868, the City Council finds that: (a) The provisions of the Third Amendment are consistent with the general plan and any applicable specific plan. Basis for the finding: The Third Amendment links the timing of construction of the Bay Trail with the timing of construction for the residential units to ensure that City receives this amenity close in time to completion of residential units that it would serve. The Development Agreement also continues to provide for Developer’s construction of all three segments of the Blomquist Street extension. The Bay Trail and Blomquist Street extension are consistent with general plan policy BE29.9; support increasing the connectivity of all travel modes in the areas east of US 101, Program BE -68; develop plans to extend Blomquist Street to East Bayshore Road to provide a continuous roadway east of US 101 between Woodside Road and Whipple Avenue interchanges, Policy BE -10. 1; require waterfront neighborhoods provide public access along water edges to public open spaces and trails and to vista points, as integral parts of ATTY/RESO.0030/PC RESO RECOMMENDING APPROVAL OF AMEND.NO.3 TO THE 1548 MAPLE DA REV: 04-17-2023 VR Page 5 of 13