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HomeMy WebLinkAboutReso 71-1984 RESOLUTION NO. 71-84 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION SETTING POLICY FOR THE OYSTER POINT GRADE SEPARATION FUNDING WHEREAS, the City Council has held a properly notified Public Hearing on the subject of adopting a formula for funding the Oyster Point Separation project; and WHEREAS, the City Council now wishes to adopt a fair and equitable formula for funding the Oyster Point Separation project; and WHEREAS, the City Council has heard and considered all of the information presented at the aforementioned Public Hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that: 1. The formula entitled "Oyster Point Contribution Formula" attached hereto as Exhibit "A" and incorporated herein by reference, is hereby adopted as the official policy document of this City Council setting forth the method of deter- mining funding obligations of developers and the City with regard to the Oyster Point Separation project. 2. The formula entitled "Oyster Point Separation Fund Repayment Formula," attached hereto as Exhibit "B" and incorporated herein by reference, is hereby adopted as the official policy document of this City Council setting forth the method of determining whether or not a refund shall be made of monies paid into the Oyster Point Separation Fund and, if so, the amount of said refund to each contributor. 3. The formulae adopted herein shall apply to developments occurring within the land area indicated on the map attached hereto as Exhibit "C" and incorpora- ted herein by reference and as further described in Exhibit "D" attached hereto and incorporated by reference herein Said contributions shall be collected from developers within said land area in such manner and at such times as legally possible to do so in connection with discretionary approvals of the City for projects within said area in order to mitigate the significant cumulative effects that developments within the said land area will have upon traffic oriented to or from Highway 101. 4. The Oyster Point Contribution Formula shall include ADT calculations for all projects for which applications are received prior to the date which is ten years after final acceptance by City of the work to construct the Oyster Point Separation 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 23rd day of May , 1984, by the following vote' AYES' NOES' ABSENT' C. nnn~.ilm~.mh~r_~ M~rk N. Addi~gn, Fm~n~l~ N. flamont~, Rir. hard A. Haff~v, ~n.~ Nir. nlnpnln.~; and Rnh~rta C~rri T~li~ Nnn~ Nnn~ OYSTER POINT CONTRIBUTION FORMULA 1. General Provisions' Contributions shall be based upon weekday Average Daily Trip (ADT) generation by various land uses as set forth in Exhibit i attached hereto and incorporated herein by reference as though set forth verbatim. Note' (a) When ADT generation is based upon gross square footage of a building' the gross square footage includes the total floor area within the building shell~, which shall be computed by measuring to the inside finished surface of permanent outer building walls~ The gross square footage of a building shall be the sum of the square footage of all enclosed floors of the building, including basements, mechanical equipment areas~, corridors and general support areas and the like'' Gross square footage shall not include first floor open lobby area in exess of four hundred (400) square feet', atrium openings which extend to floors above the atriuim floor, or Penthouses used exclusively to house mechanical equipment~' Credit may be given for ADT generated by uses previously existing on the parcel(s) proposed for development if those previous uses were lawful and active within two (2) years prior to the date the project proposal was accepted by the City as a complete application'~ 2' Contribution Formula' Engineering News Record Construction Cost Index For San Francisco at date of Cash Payment ADT x $154' x 5139.61'* Amount of = Contribution 3'. Methods of Payment' (a) In most cases', payment or guarantees of payment shall be made prior to issuance of building permits. (b) In some cases (i~'e~. projects underway prior to adoption of the formula contained herein) guaranteed delayed payment plans may be approved by agreement with adequate surety'~ Delayed payment agreement will be subject to adjustment in accordance with Enginering News Record Index changes'. In no case shall the per-trip contribution amount be less than the $154 figure set forth above~' Should the Engineering News Record Index be discontinued~, the formula provided above shall be converted to any new or changed index which might replace said index~~ *The $154 figure set forth above is based upon the total estimated cost of the Oyster Point Separation divided by the projected total ADT applicable to that project. **July', 1983 Engineering News Record Construction Cost Index for San Francisco. EXHIBIT "A" TO RESOLUTION NO. 71-84 Land Use EXHIBIT I TO OYSTER POINT CONTRIBUTION FORMULA General Description ADT Trip Rate Per 1000' Gross Square Feet Truck Terminal Facilities where goods are transferred between trucks, trucks and railroads, or trucks and airports. 9.86 General Industrial Typical uses are printing plants, material testing laboratories, assemblers of data processing equipment, and power stations which usually employ less than 500 emp- loyees with an emphasis on uses other than manufacturing. 5.46 Manufacturing Warehousing Primary activity is the conversion of materials or parts into finished products. Facilities which are all or largely devoted to storage of materials. 3.99 l) 4.50 Hotel Place of lodging which generally contains one hundred (100) or more lodging rooms or suites and which could include restaurants, cocktail lounges, meeting rooms, banquet rooms, and other retail and service shops within the same building. 10.50 (Per Room) Motel Place of lodging which ordinarily contains less than one hundred (100) rooms or suites which could include a restaurant on the same premises. 10. 14 (Per Room) General Office Building Office building housing one or more tenants 12.30 and is the location where the affairs of a business, commercial or industrial organization, professional person or firm are conducted and related support services. Research Center Facilities or groups of facilities devoted nearly exclusively to research and develop- ment activities. 5.30 Recreational Club Privately owned facilities including tennis courts, swimming pools, racquet ball courts, handball courts, and other minor gymnastic facilities. 11.70 Dinner House Restaurant Eating establishments of high quality in interior furnishings and food which generally have a customer turnover rate of one hour or longer and are not open 24 hours per day. 56.30 Page I of 3 Land Use EXHIBIT I TO OYSTER POINT CONTRIBUTION FORMULA General Description ADT Trip Rate Per 1000' Gross Square Feet High Turn-over Restaurant Eating establishments which generally have a customer turn-over rate of less than one hour, including, but not limited to, coffee shops, cafeterias and delicatessens. 164.40 Shopping Center General Commercial An integrated group of comercial est- ablishments which is planned, developed owned, and managed as a Unit: Under 50,000 Gross Square Feet 50,000 Gross Square Feet and Greater Establishments contained within freestand- ing commercial buildings including strip commercial buildings. 115.8 79.1 2) 48. O0 Banks and Savings and Loan Marina Single Family Dwellings Townhouses Condominiums and Apartments Contain banks or savings and loan facilities. Public or private marina with some having social activities scheduled throughout the week. 74.00 1) 3.2/berth 3) lO.O/unit 3) 9.0/unit 3) 5.0/unit Except for general office buildings and banks and savings and loan use, all land use listed above shall be calculated at the applicable primary land use rate notwith- standing the fact that the use may include up to 25% of office use ancillary to the primary use. Office use exceeding 25% for a given structure shall be computed at the general use rate as set forth above. Any other uses in the same structure shall be computed as a separate use of that structure. The following typical example would apply to a 50,000 square foot industrial building which contains 30% Office, 2% Delicatessen, 8% General Industrial and 60% Warehousing: Average Trip Rate ADT Square 1000 Sq. Ft. of Trip Use Feet Gross Floor Area Generation Office 2,500 (15,000-12,500) 12.30 30.75 Del icatessen 1,000 164.40 164.40 General Industrial 4,000 5.46 21.84 Warehousing 42,500 (30,000+12,500) 4.50 191.25 408.24 In this case, the total trip generation would be 409 trips per day. *See next page Page 2 of 3 *For specific definitions of land use categories and data supporting trip generation rates see "Trip Generation Second Edition - 1979" prepared by the Institute of Transportation Engineers. A copy of this report', including use definitions and variations of the above listed rates, has been placed in the files of the Depart- ment of Community Development, 400 Grand Avenue, South San Francisco. CA 94080. l) A Traffic Impact Analysis of the Proposed Oyster Point Business Center; TJKM, Transportation Consultant, Dec~, 1981'~ 2) CALTRANS - 12th Progress Report on Trip Ends Generation Research Counts'. December', 1979'.' 3) Terrabay Development; Final Environmental Impact Report' August', 1982 Page 3 of 3 EXHIBIT "B" TO RESOLUTION NO. 71-84 OYSTER POINT SEPARATION FUND REPAYMENT FORMULA Any funds collected in excess of those needed for the local share of the Cost of Construction of the Oyster Point Separation shall be refunded to developers in the same proportion that the ADT of their particular project bore to the Total ADT upon which the total contributions by all developers to the Oyster Point Separation project were based. Refunds to be made shall be determined in accord- ance with the procedure outlined on Page 2 of this exhibit setting forth examples of payment refunds. Refunds, if any are to be made, shall be made on a date not later than ten years and two months after final acceptance by City of the work to construct the Oyster point Separation. In the absence of excess payments toward the principal of the project, no refund will be made for interest earned on such payments; such interest will be applied to the Agency's share and will be reimbursed to the Agency. If the net local share exceeds total payments into the principal of the fund, there will be no repayment to developers unless additional payments made by other developers follow- ing the date of project completion bring total payments to a level exceeding the local share. EXAMPLES OF PAYMENT REFUNDS ASSUMPTIONS I 2 Project Total ADT Payments 3 % Pmt. Repaid Project ADT divided by total ADT 4 Amount of Repayment* $1'380.000 x COL. 3 Developer "A" 37~,000(1) $3',800"000 ~357 Developer "B" 4,000 650~000 .039 Developer "C" 3~,750 600'000 .036 Developer "D" 12,000 1,900',000 .116 Developer "E" 7,000 1'100,000 .067 Redevelopment Agency (Including Future) 40,000(1) 2,500',000 .'385 $492',660 53' 820 49" 680 160' 080 92.460 531,300 TOTALS 103'750 9,750',000 1~.000 $1 ',380,000 Note (1) - After adjustment for contributions to East Grand Avenue Overpass at the rate of $154 per trip Example #1 - Assumes net local share cost = $8',500',000 Assumes total interest earnings = 1,000,000 Total excess payments : $1,250~,000) Total excess interest = 130,000) 1,380,000 *Repayment calculated by mutliplying excess payment and interest costs by % of ADT in Column 3 (amount in this example shown in Column 4 above)'. Example #2 Assumes net local share cost = $10,750,000 Total interest earnings = 1',250,000 Total excess payments = 0 Total excess interest : 250,000 (Note: In the absence of excess payments no repayment will be made and excess interest will be applied to agency share of future contributions'.' ) Example #3 Assumes net local share cost = $12',000,000', Assumes total interest earnings = 1,250,000 Total excess payments = 0 Total excess interest 0 (Note: Because net local share exceeds total Payments will be no repayment to developers unless more than $1,000',000 in additional pay- ments are made by other developers following date of project completion'.) Page 2 of Exhibit EXHIBIT "B" TO RESOLUTION NO, 71-84 DESCRIPTION OYSTER POINT SEPARATION FUND BOUNDARY "EXHIBIT D" Commencing at the intersection of the centerline of Colma Creek with the cen- terline of South Airport Boulevard; thence along ~a(d cen(cerl(ne o~ ~;outh Airport Boulevard, northerly and northwesterly to the centerline of State Highway 101 (Bayshore Freeway); thence along the centerline of said highway, northerly and northeasterly to a point opposite the prolongation of the southerly boundary line of the Parcel Map filed for record at Book 53 of Parcel Maps at Pages 82, 83, 84 and 85, San Mateo County Records; thence along said prolongation to the southeasterly corner of said Parcel Map; thence westerly along said southerly boundary line to the northerly right-of-way line of Hillside Boulevard; thence along the northerly right-of-way line of Hillside. Boulevard, being contiguous with the southerly line of Parcel I of said Parcel Map to the lands of the South San Francisco Unified School District; thence leaving Hillside Boulevard, northwesterly, northeasterly, and easterly along the boundary of Parcel 1, to its intersection with the most westerly corner of Parcel 2 as shown on said Parcel Map; thence along the northWesterly and northerly boundary of Parcel 2, northeasterly and easterly, to the northwesterly boundary .of Bayshore Highway as said highway is shown on the above referenced Parcel Map; 'thence southwesterly along the southeasterly boundary of said Parcel Map contiguous with the northwesterly line of Bayshore Highway to a point of intersection .with the South San Francisco City limits; thence easterly and northeasterly, along said City limit line to a point intersecting a line bearing due East being the prolongation of the property line common to Tide Lots 18 and 31 (Section 15, Township 3 South, Range 5 West); thence along said line, due East along the southerly property line of Tide Lots 18 and 17 (Section 15, DESCRIPTION OYSTER POINT SEPARATION FUND BOUNDARY Page -2- Township 3 South, Range 5 West) and 24, ~Section 14, T3S, R5W) to a point of intersection of the South boundary of said Tide Lots 24 and the northerly line of the ship channel 1250 feet wide) as established by the San~Francisco Harbor Line Board on December 5, 1936 and as shown on the Parcel Map, Oyster Point Business Park filed at Book 52 of Parcel Maps, Pages 58 and 59, San Mateo County Records, thence along the northerly line of said ship channel to its point of intersection with the northeas.terly line of Tide Lot 21 (Section 14, T3S, RSW); thence South 45° East alon§ the northeasterly boundary-lines of Tide Lot 21, 20 and 30 (Section 14, T3S, R5W) to the easterly line of said Lot 30; thence due South along the East property line of Tide Lots 30 (Section 14) and Tide Lots 3~ 14, 19 and 30 ~Section 23, T3S, R5W) to the southeasterly corner of Tide Lot 30; thence South 45° West along the southeasterly property line of Tide Lot 3 CSection 25, T3S, R5W) to a point on the southwesterly corner of said Lot 3; thence due West, along the southerly line of Tide Lots 4 and 5 (Section 25) to the southeasterly corner of Parcel 4 of the Parcel Map f~led at Book 38, Pages 27, 28 and 29, San Mateo County Records; thence Westerly along the southerly boundary of Parcel 4, Parcel 2 and Parcel i as shown on said map to the south- westerly corner of Parcel 1; thence South 15° 29'04" West, a distance of 23.55 feet; thence due West 30 feet, more or less, to the easterly line of Parcel B as shown on the Parcel Map filed at Book 25, of Parcel Maps at Page 49, San Mateo County Records; thence along the East boundary of said Parcel B, along a curve to the right with a radius of 372.24 feet, a distance or 20 feet, more or less; thence continuing along said easterly line, South 15o 29'04" West, a distance of 127.76 feet to the southeasterly corner of Parcel B; thence along the South boundary of said Parcel B due West, a distance of 561.59 feet to the south- westerly corner of Parcel B, being also the East right-of-way line of DESCRIPTION OYSTER POINT SEPARATION FUND BOUNDARY Page -3- Littlefield Avenue as shown on the Subdivision Map of South San Francisco Industrial Park Unit 2-E, filed at Volume 55 of Final Maps at Pages 20 and 21; thence due North, a distance of 144.00 feet along the East right-of-way line of Littlefield Avenue to the South boundary line of sa~d subdivision map; thence along said boundary line, due West a distance of 1,024.98 feet; thence along a curve to the right having a radius of 314.568 feet, subtending an angle of 72° 13'04" a distance of 396..49 feet; thence, continuing along said subdivision map boundary, South 0° 06'30", East a distance of 28.06 feet-~ thence along a curve to the left with a radius of 355.263 feet, subtending an angle of 6° 22'26", a distance of 37.30 feet; thence North 17° 07'24" West, a d~stance of 1.35'; thence along a curve to the ri§hr with radius of 349.265 feet, subtending an angle of 17o 13'54", a distance of 105.04 feet; thence South 89° 53'30" East a distance of 20.00 feet; thence South 0° 06'30" East, a distance of 8.26 feet to the northeasterly corner of Lot 5 as sa~d Lot is shown on the Subdivision Map of South San Francisco Industrial Park Unit No. 1, t~led at Volume 46 of Final Maps, Pages 5, 6 and 7; thence along the easterly line of Lot 5 and Lot 4, Block 6, as shown on said map, South 0° 06'30" West, a distance of 59.27 feet; thence along a curve to the left with a radius of 369.265 feet, subtending an angle of 17o 13'54" East a distance of 111.06 feet; thence South 17° 07'24" East, a distance of 94.99 feet to the southeast corner ot= -Lot 4;~ thence along the southerly line of Lot 4, North 80o 25'16" East a distance of 342.09 feet to the easterly line of Harbor Way as shown on said subdivision Nap; thence along the easterly right-of-way line or Harbor Way, South 0° 06'30 West, a distance of 14.00 feet; thence North 89° 53'30" West, a d~stance of 60.00 feet to the Westerly ri§hr-of-way line of Harbor Way; thence alon§ sa~d line, along a curve to the left with a radius of 360 feet, a distance of 29.09 feet; thence leaving DESCRIPTION OYSTER POINT SEPARATION FUND BOUNDARY Page -4- said right-of-way, North 89° 53'30" West, a distance of 263.92 feet to the easterly line of Lot 5, Block 5 as said Lot is shown on the above referenced Subdivision Map of South San Francisco Industrial Park Unit No. 1; thence North 89° 53'30" West, a distance of 120.00 feet to the cent~rline of Colma Creek as shown on said subdivision map;' thence alon§ said centerline of Colma Creek to the centerline of South Airport Boulevard and the Point of Beginning. ~I~.ATE $~uc~ 'SC~IO0~ 7 STER PARCEL B OUN DARY -XP- 3 T II I1' C MA.P SCHooL <, \., I,(. 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