Loading...
HomeMy WebLinkAboutReso 4935-1968RESOLUTION NO. 4c~35 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ORDERING UP-85 FOR PLANNED UNIT "B" (COMMERCIAL) SOUTHEASTERLY CORNER OF CALLAN BOULEVARD AND KING DRIVE, WEST PARK #3, TO STAND GRANTED UPON THE COMPLIANCE WITH CERTAIN CONDITICNS. BE IT RESOLVED by the City Cour. cil of the City of South San Francisco that: WHEREAS, the City Council upon duly noticed hearing on appeal has considered the report and recommendation of the City Planner, respective department heads and interested parties and has considered the order of the Planning Com- . mission denying Use Permit application (UP-85) for Planned Unit Development "B" (Commercial) in the Westborough-West Park #3 Planned Community District (Parcel A thereof), as described in Ordinance No. 575, 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 use of the parcel and the establishment, maintenance, operation · and use of the buildings for which th~rmit is sought, which use and s.itm 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 resid- ing 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 issuance and exer- cise of this permit and/or performance of same or adequately secured as hereinafter set forth. - 1 - 2. The Council orders that: A. Use Permit to stand granted in phases: The Use Permit for Planned Unit Development "B" (Commercial), UP-85, in the Westborough-West Park #3 Planned Com- munity District (Parcel A of Ordinance 575) shall stand granted in the following phases (Phase 1, Service Station Site, 0.459 acres, and Phase 2, Food Market and Future Shop Site, 4.219 acres) when the terms and conditions hereinafter set forth have been met. B. Definitions, Descriptions of Items of Work or Acts To Be Performed and Plans: The following paragraph sets forth definitions, descriptions of items of work or acts to be performed and plans, one or more of which are related to UP-85 and the respective phases thereof, and the same are specifically made conditions of the respective phases of said Use Permit as hereinafter set forth. (1) "Security -Agreement" defined: "Security Agree- ment'' means 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 Sth day of June, 1967 (recorded in the Office of the County Recorder, Volume 5322, pages 132 through 200). (2) Park and Fire Station Sites: Complete the grading and improvements for Parcel 1, Park- Recreation Site, and Parcel 3, Fire Station- Library Site as set forth in the "Security Agreement" or provide therefor by way of an - 2 - executed contract between Permittees and a duly- licensed contractor and the allocation of funds for the payment of said work. ( 3 ) Plans: a. Site Plan, Planned Unit "B", Westborough-West Park Unit #3, Sheet No. 1, dated 7-2-68. b. Preliminary Landscape Plan, Planned Unit "B", Westborough-West Park Unit #3, Sheet No. 2, dated 7-2-68. c. Plan Food Market, PLanned Unit "B", Westborough- West Park Unit #3, Sheet No. 3, dated 7-2-68. d. Price Sign or Service Sign Sketched by Union, dated 7-2-68. e. No. 876 Sphere Sign Elevation. f. General Arrangement Service Station No. 5841, King Drive and Callan Boulevard, South San Francisco, Drawing No. F3-5841-1.1, dated 6-27-68. g. Building Elevations Service Station No. 5841, King Drive and Callan Boulevard, South San Francisco, California, Drawing No. 10F-432-A-1, dated 6-27-68. h. 21'-6"x47'-0" Canopy Elevations, Service Station No. 5841, King Drive and Callan Bo~ulevard, South San Francisco, California, Drawing No. 10F-432-A-21, dated 6-27-68. i. Landscaping Plan, Service Station Site No. $841, King Drive and Callan Boulevard, South San Francisco, California, Drawing No. 10F432, Sheet P-l, .~ated 6-~7~68. (Copies of the aforegoing described plans are on file in the office of the City Planner and City Clerk) j. Grant of Street and Highway Easement: A grant of a street ov highway easement over - 3 - the parcel described in Exhibit "A" attached hereto, free and clear of all liens, taxes and encumbrances except those accepted by City, and the allocation of funds for the construction and i~provement of said right- of-way to the standard of construction of Callan Boulevard or equivalent security approved by City. C. Phase 1 of Use Permit 85 - Service Station Site, 0.459 Acres: Phase 1 of Use Permit 85 for the Service Station Site, consisting of 0.459 acres, skall stand granted on the terms and conditions set forth as follows and when designated conditions set forth below have been complied with as specified: (1) Conditions to be complied with before Phase 1 Stands Granted: a. Parcel Map. A parcel map shall be submitted and processed in accordance with the Business and Professions Code of the State of California and the Subdivision Ordinance of the City together with a grant of street and highway easement as set forth in Paragraph B Sub- section (6)j above. The parcel map upon meeting the said requirements, including the submission of said documents and performance of said acts, shall stand approved concur- rently with the grar~t of Phase 1 of UP-85. b. Plans, Final Form. Ail plans, specifications and drawings shall be in complete and final form in accordance with requirements of Ordinance 575 and in particular said plans shall be amended to include the location of one fire hydrant as set forth in the inter- office memorandum dated July 8, 1968, to the - 4 - City Planner from t[~e Fire Department, subject "UP-85", and modification showing driveway nearest the intersection of King Drive and Callan Boulevard restricted to right turn movements only as set forth in the inter-office me]norandum dated July 9, 1968, to Dan Pass, City Planner, from Chief of Police, subject "UP-85, West Park #3 - Commercial." c. Common Greens or Landscaped Open Areas of Phase 1 Site. The site of Phase 1 (UP-85) shall be annexed to the West Park, Parks and Parkways Maintenance District or the Owners and the proposed successors in interest shall provide for same by adequate document and complete the annexation prior to issuance of a certificate of occupancy. No certificate of occupancy shall >e issued by the Building Department until the annexation has been completed. The portions of the parcel composing the open landscaped areas of the Phase 1 site shall be maintained in accordance with the approved landscape plan and concurrently with the issuance of Phase 1 use permit, owners shall grant City a revocable permit to enter upon and maintain the landscape planting in the designated landscaped open areas of the site of Phase 1, the purpose of such permit being to give City sufficient right in said areas to legally service said areas as part of the tax obligation of the maintenance district to which it is being annexed. Revocation may be exercised by owners filing with City - $ - sixty (60) days prior to the date of revoca- tion a notice to revoke, together with an agreement and surety bond assuring main- tenance in accordance with the approved land- scape plan. The principal sum of the bond shall not be less than the sum necessary to so maintain the open landscaped areas for a period of three (3) years and shall be renewed each three years thereafter sixty (60) days prior to vhe expiration thereof. If revocation is made or for any other reason City is required to discontinue service to said open landscaped areas, then City as an alternate means of insuring such maintenance may proceed as set forth in Exhibit "B" attached hereto. Landscape plans shall be implemented in form and content as required by the Landscape Specialist and City Planner pursuant to Ordinance 575 and Resolution No.4583, passed the 5th day of December, 1966, and the cost of construction and installation shall be estab- lished, which sum sha[i be deposited to secure and/or fund said construction and installation and to assure the maintenance of said land- scape planting for ~he maintenance period of sixty (60) days after acceptance of same by City for the West Park, Parks and Parkways Maintenance District. d. Park and Fire Station Site. Perform the work or provide therefor as set forth in Paragraph 2 Subsection B(2) above. (2) General Conditions: a. Compliance with Plans. The location, main- tenance and use of improvements (including - 6 - landscape planting) shall comply with the applicable plans hereinbefore described except that (1) the driveway nearest the intersection of King Drive on CaLlan Boulevard shall be and is hereby restricted to only right-turn movements and (2) no towing, and/or storage of wrecked, impounded or abandoned vehicles or unrelated service station activities shall be conducted on said site. D. Phase 2 of Use Permit 85 - Food Market and Future Shop Site (4.219 Acres): Phase 2 of Use Permit 85 for the Food Market and Future Shop Site (4.219 acres) shall stand granted when the terms and conditions set forth in (1) below have been met and then on the terms and conditions set forth in (2) below. (1) Conditions to be complied with before Phase 2 stands granted. a. Parcel Map. A parcel map shall be submitted and processed in accordance with the Business and Professions Code of the State of California and the Subdivision Ordinance of the City together with a grant of easements and the performance of improvement work necessary to serve said parcel and the allocation of funds or security therefor. b. Plans, Final Form. Ail plans, specifications and drawings (including but not limited to landscape plans and architectural plans) shall be reviewed by the City Planner and be in complete and final form in accordance with the requirements of Ordinance 575 and Resolution No. 4583, passed the 5th day of December, 1966, and in particular said plans shall be amended to include the location of one fire - 7 - hydrant as set fort?, in the inter-office memorandum dated July 8, 1968, to the City Planner from the Fire Department, subject "UP-85", and modification showing driveway nearest the intersection of King Drive and Callan Boulevard restricted to right-turn movements only as set forth in the inter-office memorandum dated July 9, 1968, to Dan Pass, City Planner, from Chief of Police, subject "UP-85, West Park #3 - Commercial." c. Common Greens or Lar.dscaped Open Areas of Phase 2 Site. The site of Phase 2 (UP-85) shall be annexed to the West Park, Parks and Parkways Maintenance District. No use permit shall issue until tke annexation has been completed. The portions of the parcel compris- ing the open landscaped areas of the Phase 2 site shall be maintained in accordance with the approved landscape plan and concurrently with the issuance of the Phase 2 of this use permit, owners shall grant City a revocable permit to enter upor. and maintain the land- scape planting in tke designated landscaped open areas of the site of Phase 2, the purpose of such permit being to give City sufficient right in said areas to legally service said areas as part of the tax obligation of the maintenance district to which it is being annexed. Revocation may be exercised by owners filing with City sixty (60) days prior to the date of revocation a notice to revoke, together with an agreement and surety bond assuring maintenance in accordance with the approved landscape plan. The principal sum - 8 - of the bond shall not be less than the sum necessary to so maintain the open landscaped areas for a period of three (3) years and shall be renewed eack three years thereafter sixty (60) days prior to the expiration thereof. If revocation is made or for any other reason City is required to discontinue service to said open landscaped areas, then City, as an alternate means of assuring such maintenance, may proceed as set forth in Exhibit "B" attached hereto. Landscape plane shall be implemented in form and content as required by the Landscape Specialist and City Planner pursuant to Ordinance 575 and Resolution No. 4583, passed the Sth day of December, 1966, and the cost of construction and installation shall be established, which sum shall be deposited to secure and/or fund said construction and installation and to assure the maintenance of said landscape planting for the maintenance period of sixty (60) days after acceptance of same by City for the West Park, Park and Parkways Maintenance District. d. Park and Fire Statior. Site. Perform the work or provide therefor as set forth in Paragraph 2 Subsecticn B(2) above. e. Westborough Boulevard Emergency Repairs. Remit the proportion of costs chargeable to Caesar Callan Homes, Inc. f. Parking. Establish the required parking for said phase by way of a supplemental parking plan approved by the City Planner. - 9 - (2) General Conditions: a. Compliance with Plans. The location, main- tenance and use of the improvements (including landscape planting) shall comply with the applicable plans hereinbefore described and amendments thereof ordered by the Planning Commission, except that (1) the driveway nearest the intersection of King Drive (for Phase 1) on Callan Boulevard shall be and is hereby restricted to only right-turn movements and (2) no towing, and/or storage of wrecked, impounded or abandoned vehicles or unrelated service station activities shall be conducted on said site. 3. The terms and conditions of this use permit may be revised or modified by appropriate proceedino=s before the Planning Commi s s ion. 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 regular meeting held on the 16th day of September , 19 68 , by the following vote: AYES, COUNCILMEN ~'~nk J. Bertucelli, Patrick E. A~ern, Andrew Rocca, and Warren Steinkamp. NOES, " F. Frank Mammini. ABSENT, " None. ATTEST :d~L~. ,~~ City Clerk ~ - 10 - EXHIBIT A UP-85 RESOLUTION NO. ~935 Gmant of an easement fom stmeet om highway pumposes ovem the pamcel descmibed~as follows: ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF SOUTH SAN FRANC[S'~ COUNTY OF SAN MATEDs STATE OF CALIFORNIAs DESCRIBED AS FOLLOWS: BEGINNING FOR REFERENCE AT THE INTERSECTION OF THE CENTERLINE OF CARTER DRXVE WITH THE CENTERLINE OF CALLAN BOULEVARD, FORMERLY OAKNONT DRIVEs AS SAID DRIVES ARE SHOWN ON THAT CERTAIN MAP ENTITLED "WESTBOROUGH-WEST PARK. UNIT NO. 2s SOUTI~ SAN F~ANCISCOs SAN laATEO COUNTYs CALIFORNIA"s FILED IN Tile OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATED· STATE OF CALI=ORNIA ON NOVEMBER 19s 196h· IN BOOK $1 OF MAPS· AT PAGES 17· 18s AND 19; THENCE ALOMG SAID CENTERLINE OF CALLAN BOULEVARD NORTH ~0° 10' 25" WEST (NORTH 28° 58' WEST HAP) 197.60 FEET; LEAVING SAID CENTERLINE AT RIGHT ANGLE NORTH ~9~ hg' ~" EAST; ~2.00 FEET TO THE TRUE POINT OF BEGINNING IN 'HE NORTHEASTERLY L~NE OF SAID CALLAN BOULEVARD; THENCE FROM SAID TRUE 'POINT OF BEGINNING ALONG SAID NORTHEASTERLY LINE OF"CALLAN BOULEVARD NORTH ~0° t1~' 25" WEST (NORTH ~8° 58' WEST MAP) 169.~6 FEET TO A POIN- IN THE SOUTHERLY LINE OF THE 1.00 FOOT STRIP OF LAND OF THE CITY OF DALY CITY AS SHOWN ON THAT · CERTAIN MAP ENTITLED "SERRAMONTE UNIT NO. 1, DALY CITYs SAN MATED COUNT CALIFORNIA" FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATED, STATE OF CALIFORNIA ON OUNE 17s 1965, IM .BOOK 62 OF MAPS, AT PAG '- 29· ~0s AND ~l~ SAID LINE BEING ALSO THE SOUTHERLY BOUNDARY LINE OF SA~ ..MAP OF' SERRAMONTE· UNIT NO. 1~ THENCE ALONG LAST SAID LINE NORTH- EASTERLY FROM A TANGENT BEARIMG NORTH 7'~° 21~ 58" EASTs ON THE ARC OF A 'i~. i!. CURVE TO THE RIGHT WITH A RADIUS OF 600.00 FEET· SUBTENDING A CENTRAL ANGLE OF ~o 50' 18" AN AI%C DISTANCE OF 61 It~ F~ET TO A POINT OF · · COMPOUND CURVATURE; LEAVINC, SAID LINE S:)UTHWESTERLY· SOUTHERLY AND SOUTHEASTERLY FROM A TANGENT BEARING SOJTH 79e 12' 16" WEST ON THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF ~0.00 FEETs SUBTENDING A CENTRAL ANCLE OF 109° ~1' ~0" AN ARC DISTANCE OF 57 ~5 FEET TO A POIN3 OF COMPOUND CURVATUEEj SOUTHEASTERLY· F{OM A TANGENT BEARING SOUTH 19~ 2~" EAST ON THE ARC OF A CURVE TO T~E LEFT FEET~ SUBTENDING A CENTRAL ANGLE OF 9° 3[~ 0Z"~ AN ARC D~$TANCE OF 121,72 FEET TO THE TRUE. POINT OF BEG[NN[NG, Iii EXHIBIT B UP'8$ RESOLUTION E0. 4935 'L~ND'SCAPED''~REAS ''F~'I'NTENANCE The City Planner annually or or before the''l'St'h day'of January ''' shall inspect the landscaped areas for the purpose of determining whether said areas are being maintained to the standards set forth on the approved landscape plan. The City Planner' upon completing the inspection shall file a report with the Planning Commission, and the Planning Commission, · upon considering said report, shall make a determination as to whether remedial work is required; and if none is required~ make such an order filing a. copy thereof with the City Planner and City Clerk; but if remedial work should be required, then said COmmission shall set a hearing for the determination of the amount of the remedial work required and the cost thereof, giving notice of said hearing to the owners. The notice shall inform the owners that the landscaped areas are deficient or are being maintained in a manner not consistent with the approved landscape plan, specifying wherein said areas are deficient or do not so comply, and said notice shall further require that the owners perform the remedial work or file a schedule of work which will remedy the deficiency within thirty days after receipt of said notice., Should the owners fail to perform the remedial work or file such a schedule, then Che Planning Commission may, after closing the hearing, order the.remedial work done and assess the cost thereof against the property, collecting the ~said sum by way. of an action .in the court with jurisdiction thereof or filing said charge as a lien against the property.