HomeMy WebLinkAboutMinutes 1974-06-21NOTICE Of SPECIAL MEETING
NOTICE IS HEREBY GIVEN, pursuant to the Goyernment Code of the
State of California, that the City Council of the City of South San Francisco
will hold a sPecial meeting on FridaY~ June 21, 974~ at 5;O0.PM in the '
Council Chambers, City Hal!, 400 Grand Ayenue, South San Francisco, California.
The purpose of the meeting is to:
Consider a proposal to deyelop a parcel located north of
Oyster Point Boulevard and to the north of the Carpenter-
Offutt PaPer, lnc, Parcel and pass a resolution confirming
the letter, dated June 18, 1974, to Mr. Alan Pendleton by
the City Manager or otherwise expressing approval of said
development,
Date: June 20
UP 269 Roi let Skating Rink -- Proposed amendment of Council
motion of May 13, 1974.
spEcIAL MEETING OF THE CITY~/~McouN6(L
OF THE CITY OF SOUTH SAN FRANCISCO
HELD FRIDAY, JUNE 21, 1974
TIME:
5;00 PM.
PLACE:
City Hall, Council Chambers.
CALL TO ORDER:
The meeting was called to order by Mayor Mirri at
5:14 PM.
ROLL CALL:
Present: Councilmen Richard A. Battaglia, F, Frank
Mammini, Terry J. Mirri, and Leo Padreddii.
Absent: Councilman Warren Stelnkamp.
RESO, NO, 115-74
CONFIRMING LEIIER
OF ALAN PENDLETON
RE DEVELOPMENT
IN CABOT, CABOT
& FORBES INDUSTRIAL
TRACT
The City Manager explained the resolution which concerned
the development of a portion of C~l~°t, Cabot & Forbes
Industrial tract and which adopted a letter received
in this regard. After reading the letter in full
Councilman Mam~Ini Introduced a resolution entitled:
A RESOLUTION CONFIRMING THE LETTER DATED JUNE 18, 1974,
TO MR. ALAN PENDLETON FROM THE CITY MANAGER - BCDC
PERMIT APPLICATION NO, 8-74, CABOT, CABOT & FORBES,
RESO. NO. 115-74
CONFIRMING LETTER
OF ALAN PENDLETON
RE DEVELOPMENT
IN CABOT, CABOT &
FORBES INDUSTRIAL
TRACT ,,5-//&
RESO. NO. 116-74
DEVELOPMENI OF
PROPERTY IN THE
CABOT, CABOT &
FORBES INDUSTRIAL
TRACT
USE PERMIT 269 -
ROLLER SKATING
RINK
fO O
Roll Call vote was as follows: Ayes, Councilmen
Richard A. Battaglla, F. Frank Mammini, Terry J. Mirri,
Leo Padreddii. Noes, none, Absent, Councilman
Warren Steinkamp,
The City Manager explained the next resolution for
Council's consideration and which also concerned the
development of property in the Cabot, Cabot, & Forbes
Industrial tract, Discussion followed after which
Councilman Padreddii introduced a resolution entitled:
A RESOLUTION REQUESTING THE SAN FRANCISCO BAY CONSERVATION
AND DEVELOPMENT COIVNISSION TO AMEND THE SAN FRANCISCO
BAY PLAN, MAP NO.
Roll Call vote was as follows: Ayes, Councilmen
Richard A. Battaglia, F. Frank Ma~ini, Terry J. Mirri,
Leo Padreddii, Noes, none. Absent, Councilman
Warren Steinkamp.
City Manager Alario stated that the next item concerned
consideration of an amending motion to the roller
skating rink Use Permit 269.
City Attorney Noonan at this time requested "that the
Mayor order the record to show receipt of a letter,
dated June 6, 1974, to Zoning Admin'istrator from
Warren E. Spieker of Crow-Spieker 16 which sets out
certain warranties and assurances regarding the parking
areas and the Clerk would then reference that letter
and the attachments to the Council motion."
The City Attorney then explained the motion of May 13, 1974
and the proposed amending motion.
The City Council considered the motion of May 13~ 1974
related to the UP 269~ heard the presentations of
Mr, Edward Fleischell, attorney for permittee, and
Mr. Raphael Roslngana, attorney representing the appellants.
Mayor Mirri then ordered that the record show receipt
of ,he le,,er, dated June 6, 1974, to William Cos,anzo,
Zoning Administrator, from Crow-Spieker #6 signed by
Warren E. Spieker, Jr,, Partner, which reads as follows:
"Pursuant ,o paragraph 6 of your letter dated May 22,
1974, ,his is to cer, ify ,ha, Crow-Spieker 16~ a
partnership, of 2180 Sand Hill Road, Menlo Park. California,
has been the owner of premises 213 Eas, Grand Avenue.
South San Francisco, California for more ,hah ,wo years.
Page 2
6/21/74
USE PERMIT 269 -
ROLLER SKATING
RINK (CON'TD.):
50UO
~'Crow-Spieker #6 is leasing to Ambrose Del Vecchio,
or nominee, the building indicated by the red line
in the attached Exhibit A consisting of 22,000 square
feet of warehouse area to be used as a roller skating
rink and 7,000 square feet of administrative offices.
In addition, the one small area to the north outlined in
green between Grand Avenue and the above-mentioned
buildings, together with the area to the northeast of
the building, will be included in the leased area for
parking use. The remaining parcel outlined in green
between the building and East Grand Avenue shall be
landscaped.
"In addition, reciprocal parking privileges will be
available to Mr. Del Vecchio under the terms of the
lease agreement as follows:
(I)
The area outlined in yellow along the
east side of the building outlined
in blue.
'Crow-Spieker #6 has warranted to the lessee that the
building and parking areas described in the second
paragraph above shall be for the exclusive use of the
lessee and that there are no restrictions on said
property prohibiting its use for the purpose used
and the manner occupied by the lessee. Said area has
been used for commercial purposes for the past two
years without any questions as to the legality of
such use.
"Crow-Spieker #6 has further warranted to the lessee
that the reciprocal parking areas designated in
paragraph (I) above shall be coordinated for the ,joint
us® of Mr. Del Vecchio and any tenants of the building
outlined in blue.
"Parcels I and 2 as shown on Parcel Map being a
redivision of a portion of the lands conveyed to
Cabot, Cabot and Forbes California Properties Inc.
and Lots I-2-3 of The Milland Tract, City of
South San Francisco, which map was filed in the
office of the Recorder of the County of San Mateo,
State of California on June 4, 1958 in book 48
of Maps at page 50, which Parcel Map was filed
in the office of the Recorder of the County of
San Mateo, State of California on April 12, 1972
in book 16 of Parcel Map at page 12.
A.P. Nos. 15-041-030
15-041-040
15-041-060
15-041-070
15-041-240
Page 3
6/21/74
USE PERMIT 269 -
ROLLER SKAT lNG
RINK (CON'TD.):
"Also attached hereto is a plot plan of the site
leased together with a legal description thereof
which will be recorded with the lease in the County
Recorder's office.'~
City Attorney Noonan then read the suggested amended
motion:
"Move that the Council finds upon the report and
recommendation of the Planning Commission set forth
in the Planning Commission's action made the 26th of
March, 1974, the Planning Officer's report, summary
of hearings and findings of fact, the several documents
and communications received and the oral presentations
made at the hearing held on the 6th day of May, 1974,
at the El Camino High School's Little Theatre, 1320
Mission Road, South San Francisco, all of which were
considered and made a part of the record in this
proceeding, that said use will not under the circum-
stances of the particular case be detrimental to the
health, safety, peace, morals, comfort, and general
welfare of the persons residing or working in the
neighborhood of such proposed use~ and will not be
detrimental or injurious to property and improvements
in the neighborhood, or the general welfare of the
City if parking is provided and maintained as herein-
after set forth, and if said Use Permit is subject
to the conditions approved by the Commission as
amended hereinafter, and the Council does order that
UP-269, granting an application to establish a Roller
Skating Rink at 213 East Grand Avenue, South San Francisco,
California, as approved by the Planning Commission on
the 26th of March, 1974, stand approved on the terms
and conditions approved by the Commission, and
condition ~'2" thereof as hereinafter revised, when
applicant/permittee files with City an agreement
indemnifying and holding harmless the City of
South San Francisco, a municipal cor0oration, and
its elective and appointive officers and employees
from any claims and/or damages, including but not
limited to damages to or for appropriation of the
property interest created by the Declarations of
Covenants and Restrictions arising out of construc-
tion of improvements on or use of the areas subject
to Cabot, Cabot & Forbes Declarations of Covenants
and Restrictions dated 3/23/64, filed in the Official
Records of the County of San Mateo 3/26/64,
Volume 4675, pages 121, etc., and attorney's fees
and costs related to defense of same.
Page 4
6/21/74
USE PERMIT 269 -
ROLLER SKATING
RINK (CON'TD.):
"The Planning Commission's condition ~'2~' shall be
revised to read as follows:
"2. That permittee shall provide and maintain
not less than one (I) space for each three
hundred (300) square feet of gross floor area
totalling one hundred (100) spaces for the
premises, subject of this Use Permit, which
spaces are to be located on the parcels as shown
on the plat attached hereto designated 'Parking
Spaces for UP-269, Roller Skating Rink, 213 East
Grand Avenue, South San Francisco, California,
Council Motion dated May 13, 1974,' and reciprocal
parking spaces as designated for use during the
hours 7:00 p.m. to 12:00 midnight on week days,
and the hours of 12:00 noon to 5:00 p.m. and
7:00 p.m. to 12:00 midnight on Saturdays, Sundays
and legal holidays as shown on said plat."
"If permittee is prevented from using said parking
areas because of the Declarations of Covenants and
Restrictions, permittee shall provide equivalent parking
areas adjacent to the Roller Skating Rink building
within forty-five (45) days, or permittee may acquire
the rights to so use the existing parking areas
within forty-five (45) days, or City may terminate
the Use Permit on hearing with ten (10) days notice to
permittee without obligation to permittee; except that
nothing herein shall be interpreted to mean that
permittee's rights to apply for a variance in accordance
width the terms of the Zoning Ordinance are in any way
abrogated.
~'Applicant/permittee shall file with City an agreement
indemnifying and holding harmless the City of South
San Francisco, a municipal corporation, and its elective
and appointive officers and employees, from any claims
and/or damages, including but not limited to damages to
or for appropriation of the property interest created
by the Declarations of Covenants and Restrictions
arising out of construction of improvements on or
use of the areas subject to Cabot, Cabot & Forbes
Declarations of Covenants and Restrictions dated 3/23/64,
filed in the Official Records of San Mateo County 3/26/64,
Volume 4675, pages 121, etc., and attorney's fees
and costs related to defense of same.
"The permittee shall file with the Planning Division a
signed agreement which sets forth the reciprocal
parking arrangements for the reciprocal parking spaces,
which shall detail the hours for use of said parking
Page 5
6/21/74
USE PERMIT 269 -
ROLLER SKATING
RINK (CON'TD.):
ADJOURNMENT:
spaces as coordinated between the owners and tenants
of the parcels of land shown on said plat. If
permittee increases the floor areas gross square
footage or adds seats to the facility, permittee shall
be required to increase the number of parking spaces
by not less than one (I) full-time space for each
additional three hundred (300) square feet of gross
floor area, and not less than one (I) full-time space
for each six (6) seats, or provide parking as required
by the terms of the Zoning Ordinance then in effect.
"Permittee in accepting and using this Use Permit
agrees to be bound by the terms and conditions thereof.~?
Councilman Battaglia moved, seconded by Councilman
Padreddii and regularly carried that we accept as read
the amendment to the Council motion of May 13, 1974
related to Use Permit 269.
Mayor Mirri then adjourned the meeting.
6:I0 PM.
RESPECTFULLY SUBMITTED,
APPROVED
*The entries of this Council meeting show the action taken by the City Council
to dispose of the item. Oral presentations, arguments and comments are
recorded on tape. The tape is on file in the office of the City Clerk and
available for inspection, review and copying. Documents related to the
items are on file in the office of the City Clerk and available for public
review, inspection and copying.
Page 6
6/21/74