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HomeMy WebLinkAboutReso 4741-1967RESOLUTION NO. 4741 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION GRANTING A USE PERMIT - NORTHWESTERLY CORNER OF WESTBOROUGH AND GELLERT BOULEVARDS. BE IT RESOLVED by the City Council of the City of South San Francisco that: WHEREAS, the City Council, upon duly noticed hearing on appeal, has considered the report and recommendations of the City Planner, respective department heads and interested parties and has considered the order of the Planning Commission denying use permit application (UP-58), each and all of which have been considered, evaluated and made a part of the record in this proceeding. NOW, THEREFORE: 1. The Council makes the following findings: The establishment, maintenance, operation and use of the buildings for which the permit is sought, which use and site of same is hereinafter described more particularly, will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of 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 the terms and conditions hereinafter set forth are complied with Concurrently with the execution of this permit or per- formance of same is adequately secured. 2. The Council orders that: A. Grant of Use Permit: Upon the clearance of the liens and encumbrances from the parcel designated as Parcel 1 - Park-Recreation Site, Exhibit B in the agreement entitled "Agreement Securing Performance of Agreement of October 24, "1963, Re: Park-Recreation, Fire Station and Public Library Sites in Westborough", entered into between Caesar Callan Homes, Inc., et al, and the City of South San Francisco, on the 5th day of June, 1967 (recorded in the office of the County Recorder, Volume 5322, pages 132 through 200) and the delivery to the City concurrently with the execution of this agreement a policy of title insurance evidencing marketable title to said parcel in the City of South San Francisco as set forth im said agreement, a Use Permit (UP-58) shall stand granted, on the terms and conditions hereinafter set forth for the parcel more particularly hereinafter described permitting the estab- lishment of a service station site in the Westborough C-1 District, the particular land area and site of which and par- ticular nature and type of use; locations, dimensions, architec- tural design of buildings, structures and other facilities, and landscaping are set forth in said plans. B. Terms and Conditions: 1. Compliance with Plans: The location and use of the public and private improvements and facilities shall comply with the plans marked Exhibit A. 2. Parcel Map: A parcel map shall be submitted and processed in accordance with the Business and Profes- sions Code of the State of California and the sub- division ordinance of the City of South San Francisco, which map upon meeting said requirements including the submittal of documents hereinafter set forth shall stand approved at the same time the grant of the Use Permit stands granted. The following docu- ments shall be submitted with the parcel map. (a) WestborouRh Boulevard, RiRht-of-Way: Plans and Specifications; Security for Performance. A grant to the City of the right-of-way for Westborough Boulevard (Sra. 17 + 30.14 to Sra. 25+ 2~) shall be submitted to the City Planner and Director of Public Works together With a report of title for examination and determina- tion that the right-of-way complies with the plan and no conflicting easements or rights interfere with the construction and installation of the proposed public improvements thereon. Upon written approval of the City Planner and Director of Public Works, the grant shall be submitted to the City Council for acceptance. Public improvements shall be installed in said right-of-way on or before June 1, 1968, in accordance with plans and specifications entitled "Street Improvement Plan, Gellert and Westborough Boulevard, Westborough Shopping Center," dated January 20, 1967, Survey No. 18/5740, prepared by Theodore V. Tronoff, contained in four (4) sheets, the respective drawing numbers of which are WSC-I-2, WSC-I-3, WSC-R-1 and WSC-U-1, which plans and specifications have written approval of the respective department heads of the City assuring that they contain the installations requested by their departments. Said plans and specifications are marked as Exhibit B and made a part hereof. Construction and installation of the public improvements shall be secured by an agreement providing therefore, performance of which shall be secured by a corporate surety bond in the principal sum of not less than Three Hundred Three Thoumand dollars ($ 303,000.00 ), me or by a cash deposit in said sum or an alternate equivalent security approved by the City Council. (b) Gellert Boulevard Ri~ht-of-Wa¥ - Plans and Speci- fications: Security for Performance. A grant to the City of the right-of-way, free and clear of all liens, taxes and encumbrances for Gellert Boulevard from its intersection at West- borough Boulevard through to Station 11+ 26.57, shall be submitted to the City Planner and Director of Public Works together with a report of title for examination and determination by them that the part of the right-of-way contained in the plans (Exhibits A and B) complies with the plan and no conflicting easements or rights interfere with the construction and installation of the proposed public improvements thereon. Upon written approval of the City Planner and Director of Public Works, the grant shall be submitted to the City Council for acceptance. Public improvements shall be installed in said section of Gellert Boulevard on or before June 1, 1968, in accordance with plans and speci- fications entitled "Street Improvement Plan, Gellert and Westborough Boulevard, Westborough Shopping Center," dated January 20, 1967, which plans and specifications have written approval of the respective department heads of the City assuring that said plans contain the installa- tions required by their departments. Said plans and specifications are marked as Exhibit B and made a part hereof. Construction and installation of the public improvements shall be secured by an agreement 0 providing therefor, performance of which shall be secured by a corporate surety bond in the principal sum of not less than ~hmee Hundred Three Thousanddollars ($ 303,000.00 ), or by a cash deposit in said sum or an alternate equivalent security approved by City Council. (c) Gellert Boulevard RiRht-of-Way - Station 11+ 26.57 to Intersection with Kin~ Drive: Plans and Specifications, Security for Performance. An agreement to grant to City the right-of-way for Gellert Boulevard extension from Station 11+ 26.57 to the intersection with King Drive, and file plans and specifications for the con- struction and installation of the public improve- ments, and construct and install the public improvements in accordance with said plans and specifications within three (3) years after the grant of this Use Permit, which time may be reasonably extended by the City Council. The grant of said right-of-way, filing of said plans and specifications, construction and installation of said improvements or the required security therefor, where a particular form of security is required by law, shall be guaranteed by a covenant running with the land or an agreement, either of which shall be secured by executing and recording a Deed of Trust for the parcel described as Parcel 15-C, particular description of which is attached hereto as Exhibit C, which parcel shall be reconveyed upon the happening of either of the following conditions: (1) The delivery to the City of a grant of the right-of-way for Gellert Boulevard from Station 11+ 26.57 to the intersection with King Drive, free and clear of all liens, taxes and encumbrances, with marketable title evidenced by a policy of title insurance and e the filing of plans and specifications with the Director of Public Works which meet the standards of the City of South San Francisco, same being substantially the same as the improvements constructed on Gellert Boule- vard right-of-way from the intersection of Westborough Boulevard to Station 11 + 26.57, and the construction and installation of said public improvements and acceptance thereof by the City of South San Francisco, or (2) The filing of a corporate surety bond in a p~incipal sum which is necessary to guarantee the grant of the right-of-way, filing of plans and specifications and construction and instal- lation of improvements as hereinbefore recited. (d) ~gher Improvements. Ail other improvements, including but not limited to traffic signal installation, fire hydrants, fire alarm system, internal lighting installations, have been included in the plans designated as Exhibit A, the plans and specifications for Westborough Boule- vard designated Exhibit B, plans and specifications for Gellert Boulevard designated as Exhibit B, and the department heads have certified in writing that said exhibits contain and detail the installations required by their departments. Architectural and Landscape Plans: The Architectural and Landscape Plans are preliminarily approved subject to the requirement that full scale and complete plans be sub- mitted for approval implementing said tentative plans prior to construction. Issuance of BuildinK Permits: No building permits shall issue pursuant to this permit until the aforegoing terms and conditions have been complied with. Description of the Parcel: The description of the 0.512 acre parcel referred to in Paragraph 2A of this resolution, is more particularly described in Exhibit D, attached hereto and made a part hereof. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the 18th day of by the following vote: AYES, COUNCILMEN regular September , 19 PaSTick E. Ahern, Frank J. Bertucellt, Emilio Cortesi, Andrew Rocca and Guido J. Rozzi NOES, " None ABSENT, " None ATTEST: ~ ~~' City Exhibit A to Resolution No. 4741 Description Plat - 0.512 Acre Service Station Site, Northwest corner Westborough and Gelle~Boulevards, prepared by Theodore V. Tronoff, dated June 5,--1967, Drawing #10/5740. Site Plan - Proposed Service Station Site, South San Francisco, California, dated June 9, 1967. 3. Atlantic Richfield Company Drawings: ae General Arrangement, Service Station, NWC Westborough & Gellert, San Francisco, California, dated June 12, 1967. Be Landscape Plans, Service Station, NWC Westborough & Gellert, San Francisco, California, dated June 12, 1967. ~ Ce Steel Service Station Building, Elevations, NWC Westborough & Gellert, San Francisco, California, dated June 12, 1967. Atlantic Richfield Co., 33'6" x 6'3" Double Faced Illuminated Plastic Sign, Pole & Structural Calcu- lations, dated March 9, 1967, Drawing #1740. Exhibit A ~Resolution No. 4741 Exhibit B to Resolution No. 4741 Street and Site Public Improvements Plans, Westborough Square - Gellert Boulevard and Westborough Boulevard, prepared by Theodore V. Tronoff, Civil Engineer and Surveyor, entitled: Street Improvement Plan, Gellert and Westborough Boulevards, Westborough Shopping Center, dated Jaquary 20, 1967, drawing No. WSC-I-2, Survey 18/5740, R#3 dated 6-27-67. Storm, Sanitary and Water Plan, Gellert and Westborough Boulevards - Westborough Shopping Center, dated January 20, 1967, drawing No. WSC-I-3, Survey 18/5740, R#2, dated 6-27-67. Profile of Gellert and Westborough Boulevards, Westborough Shopping Center, dated J~nuary 20, 1967, drawing No. WSC-R-1, Survey 18/5740, R#1, dated 3-9-67. Signalization, Underground Utility Plan - West- borough and Gellert Boulevards, Westboro Shop- ping Center, dated January 20, 1967, Survey No. 26/5740, drawing No. WSC-U-1, R#1, dated 5-18-67. The said plans are on file in the office of the City Planner and Cit) Clerk of the City of South San Francisco. Exhibit B to Resolution No. 4741 SA'N' BRUNO SOUTH AVALON LANDS OF CAESAR CALLAN HOMES INC. (~,0 FT. P.O C~tv. TOWE%~ PARK NE £ASENIENT') FUTURE GELLERT ~3LVD. EXTENSION1 ANCHO ~URI 8L~RI . FRANCISCO EXHIBIT FOR AGREEMENT FUTURE GELLERT BOULEVARD EXTENSION WESTBOROUGH SHOPPING CENTER SOUTH SAN FRANCISCO;CALJ. IFORNiA THEODORE V. TRONOF7 CIVIL ENGINEER & SURVEYOR 341~ PARK PLAZA DR. DAI.Y cI'rYi CAI. IF'. TEL. PI. ~-1144 10/G740 .: .6/29/G7 (Exhibit C to Resolution 4741) DESCRIPTION Exhibit C to Resolution No. 4741 THE:Ok;ORE V. TrONOFF CIVIL ENG)NEER '& SURVEYOR, INC. 345 PARK PLAZA, DR. IDAL¥ CITY, CAI. IF'. ' 'I'EI,.. PI,. 5-~404 ]0 - 5740 37.532 ACRE COMMERCIAL PARCEL AT WESTBOROUGH BOULEVARD AND JUNi?~RO SERRA FREEWAY' WFSTBOROUGH/ SOUTH SAN FRANCISCO, CALiFORN&A COMMENCING et tho inter~ac;'ion et: tho northwesterly line of Westbo,'ougn ~-au[evard 90.00 {:oat wldo al described [n aa~a ~loa in Volume ~33 of Official ReCords of tho County o~ San ~tco~ at ~gc 514 w;;h ['ho northwesterly prolon~tion of tho cantar[;no of Limerick ~ulevard (now known ~ ~a~icr~ :ou[ovard) as shown on that certain, ~p entitled "Tract No. 8]7 West~rougn un~, 3~ San/V~ao Coun~ ~iif~nia" 'filed in ~ho Off[ce of the Recorder of tho ~unty of San ~eo~ S~to of ~[i[ornia on Novom~r 2: ~ ;963 on ~ok 59 of Maps at ~gol ]6 =nd ~7; thence from la;~ POINT OF COMM~NCcM~NI aiong ' ' ' ' ' ...... ~;~ northwesterly line o~ West~rou;n ~ou~ovara South 59' 12' West 2~.00 fc~t to ~ho TRU~ POINT OF B[GINNING o~ ~he Parco[ herein descried; thence, from ~a,~ ~RU[ POINT OF ~G[NNiNG~ and conFf, numg along said [ino~ South 5~ 12' West 192.47 ~oot; ~ngont to tho last ~[d cour~ an the arc of a cu~c to the right with a rad[u~ of 655.00 feet~ sub,ana~ng a central angle o~ aa 25' i]"~ 3=~ n_~ foci to a paint in tho westerly lino of that certain 5O-f~t P. G & E Tower Line ca.amen~' a= aascr~d in doedl ~iled in Volume 2~ of Offic;ai Recordi at ~gc ~ a~ Vo:u~ ~23 at ~go 281 of Ofilcia~ Records of tho ~unty ai San Morea, S~te of ~ouo.4i foot to a ~]~,orn~a~ menco along ~]d w~s~orZy line North 6e ~9' ~0" [~st ~int [n ~'ho northerly b~nda~ [[no of Parcel I os descr[~ in that certain Deed ~rom San M~e~ ~unF/Title ~m~ny to Ray S. ~. ~t~n~ fi[o~ [n Volume ~ecord~ et ~go ~ San Melee ~unty Records; thence oJon~ tho northerly l]ne thercofl ' ~' 88~ 06' ' Sou~r, East 118.12 ~cot ~o a ~int in tho we~c~Z ,mc o~ Juni~ro So~ F'rce~y r]$ht~-way; thence a[ong ~[d line South 2" 06' 47" Wa~t ~I.i7 ~eet~ ~oulh e°5'' F.~t 99.08 feet; Sou~n 62e 38'.11!' East i29.~ iccp':'; South 25* 10' 02" East 315.98 1. (continued) (Exhibit C to Resolution 4741 ) 37.532 Acre Commercial Parcel et Wes[borough ~ulovard and Juniparo Serra Freeway Wes[borough, South San Fron~i~co~ CaJifornla Page Two feet; South 35~ 08' 47, Eclat' 579.07 feet; South ]8° 05' 39" fast 533.53 feet; thence [ecIvin~; said, westerly line o~ Junl~ro $~r~ Freely rl~ht~-way South 59* t2' West 961.~5 foe~; /rom o'tangon~ ~aring Sou~h ~2~ 27' 57" J~ft' with a ~diui of 750.00 ~ao~ ~ubtonding. a cen;'r~ ~ngio o~ ~o ~, 03" an arc ~,,~ of 239.99 ~ot; Sou~'h 30~ 4~' ~a~t 120.76 ~; Containing 37.532 acres., more or (~xhibit C to Resolution 4741) '" 1,4ND,,% O,z' CA£,-¢A~ C. ALLEN C O,'~.~M E,eCIA L I Acre Commercial Parcel Weskborough Commercial Area S'outh San Francisco, California JUn~ 2, 1967 10/5740 Scale 1" Theodore V. Tronoff Civil Engineer & Surveyor, Inc. 345 Park Plaza Dr. Daly City, Calif. Tel. PL. 5-2404 - 300' DESCRIPTION - 10-5740 Exhibit D 0.512 ACRE SERVICE STATION SITE (Unsubdlvlded) NORTHWEST CORNER WESTBOR~)UGH AND GELLERT BOULEVARDS, SOUltt SAN FRANCI3C(.), CALIFORNIA. BEGII'~INING r~t the intersection .f the n rlhwesterly prolongation of the centerli~.e of Limerick Boulevard (n'~.v k.o-n as ~ellert Boulevard) as shown on that certain map entitled "Tract No. 817 ~E~T~OROUGH UNIT 3, ~AN MATEO COU~'~TY, CALIFORNIa", ~F.i:h mop ~as fil~d in the office o~ the Recorder o[ ~'Fe Covn'v o~ Son Mateo, ct't~ of Califor~in on No;emir 21, 1963 in ~ok 57 of Ma~s at pages 16 .nd 17, ~ilh the north, esterly right of way of W~st~rough ~ulevard o0.~ feet wide as descried in deed filed in ~k 4~3 at ~ 514 of Official Records of San ~teo ~un~; thence South 59e 12' West along said north.., esterly right of way of Westborough ~ulevard 80.00 feet to the ~UE POINT OF BEGINNING: thence from tr~ ~int of ~ginn~ng, contlnuing qlong t~e aforementioned northwesterly r~ght of way of Wesl~rough ~ulevard, South 59e 12 West 120.~ feet; t~nce leaving said northwesterly right of way of West~ough ~ulevard North 30e 48' West 1~.00 feet; thence North 59e 12' East 150.00 feet; thence South 30e 48' East I~.00 feet, thence on ~e arc of a curve to the right, tangent to the last ~ceding court, with a radius of 30 feet, subtendlng a central angle of 90e, an arc dlstanee of 47..12 feet to t~ true ~int of ~glnning. t CONTAINING 0.512 acre~, ~re or less. Subject to a slo~ a~ utill~ easement ~er a strip of land, yawing in width from five feet to ten feet, mine ~rticularly descried as follows: Exhibit D to Resolution No. (Continued) 4741 DESCRIPTION - -2- 10-5740 0,512 ACRE SERVICE STATION SITE (Un~bdlvldecl) NORTHWEST CORNER ~'v'ESTBOROUGH AND GELLERT BOULEVARDS SOUTH SAN FRANCISCO, CALIFORNIA BEGINNING at a point in the northwesterly llne o,~ Westborough Boulevard 90.00 feet wide as described in Deed filed in Vol..,'ne 4033 of Official Records of the Count-,., of San M,~teo, ~t Page 514, distant thereon South 59° 12' ?/est !~0.00 feet from the intersection tS,areal w!th the northwesterly prolongation of the centerllne of Limerick Boulevard (now known as Geliert Boulevard) as shown on tl~.t certain map entitled "Tract No. 817, Westborough Unit No. 3, San Mateo County,. California", filed in the Office of the Recorder of the County of San Mateo, State of California, on November 21, 1963 in Book 59 of Maps r~t Pages 16 and 17; thence from said POINT OF BEGINNING, and continuing along the ,~orthwesterly llne of said Westborough Boulevard, South 59° 12' West 120.00 feet; ~ thence lec~',,ing said line North 30e 48' West 10.00 feet; thence North 59e 12' East 125.00 faction the arc of a curve to the left, tangent to the last l:,recedina course, with a mdlus of 20.00 feet, subtending a central angle of 90e 0', an arc distance of 31.42 feet; thence North 30e 48' 'West 120.00 feet; thence North 59e 12' East 5.00 feet; South 30e 48' East 120.00 feet, on the arc of a curve to the right, tangent to the last preceding course~ with a radius of 30.00 feet, ~ubtending a central angle of 90e 0'~ an m'~ dlstam.'e of 47.12 feet to the POINT OF BEGINNING. FWA:ea June 6, 1967 e Exhibit D to Resolution No. 4741 ! I I ~CALt. I"~ 60' DESCRIPTION PLAT O.512 ACRE SERVICE STATION SITE NORTHWEST CORNER WESTBOROUGH ~,GELLERT B[.VDS. SOUTH SAN FRANCISCO, CALIF. THEODORE V. TRONOFF CIVIL ENGIN[[R ef BuIm~EYOR I41 PARK I~..AZA OR. DALy CIYY, ~AI..IIf, TEL.. h 1,7144 10/5740 dUNE 5, 1967 e Exhibit D to Resolution No. 4741 11 I i I