HomeMy WebLinkAboutReso 101-2016 (16-649)File Number: 16 -649
Resolution: RES 101 -2016
Enactment Number: RES 101 -2016
RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NOTICE OF CONDITIONS, COVENANTS,
AND RESTRICTIONS AFFECTING AGREEMENT IMPOSING
PUBLIC ACCESS RESTRICTIONS ON THE USE OF REAL
PROPERTY, FOR BCDC PERMIT NO. NO. 1998.011.04.
WHEREAS, the San Francisco Bay Conservation and Development Commission ( "BCDC ") issued a
permit to allow for the construction of a parking facility at and near 191 North Access Road, in the City
of South San Francisco, San Mateo County; and
WHEREAS, Trux Airline Cargo Services and the City of South San Francisco are co- permittees
( "Permittees ") for BCDC Permit No. 1998.011.04; and
WHEREAS, BCDC Permit No. 1998.011.04 applies to property owned or controlled separately by
the Permittees; and
WHEREAS, BCDC requires the City to dedicate public access areas on the portions of the North
Access Road Spur Trail that are owned or controlled by the City of South San Francisco which runs from
South Airport Boulevard to the south end of the North Access Road Bridge, owned by Caltrans, over San
Bruno Channel; and
WHEREAS, the dedication reserves those areas for public access improvements, such as pedestrian
and bicycle pathways, bike lanes, crosswalks, site furnishings, and landscaping; and
WHEREAS, the City is required to prepare and sign a Notice of Conditions, Covenants, and
Restrictions (CC &R) Affecting Agreement Imposing Public Access Restrictions of the Use of Real
Property, BCDC Permit No. 1998.011.04 for the public access area dedication (Exhibit A).
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco
that the City Council hereby approves the Notice of Conditions, Covenants, and Restrictions Affecting
Public Access Restrictions on the Use of Real Property to satisfy a requirement of Permit
No. 1998.011.04, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the documents
necessary on behalf of the City and direct staff to record the documents at the County of San Mateo
Recorder's Office and forward the recorded documents to BCDC.
BE IT FURTHER RESOLVED, that the City Manager is authorized to execute any related
documents, to make any revisions, amendments, or modifications, deemed necessary to carry out the
intent of this Resolution which do not materially alter or increase the City's obligations thereunder, and
subject to approval as to form by the City Attorney.
Page 1
File Number., 16 -649 Enactment Number. RES 101 -2016
At a meeting of the City Council on 811012016, a motion was made by Karyl Matsumoto, seconded by
Liza Normandy, that this Resolution be approved. The motion passed.
Yes: 5 Councilmember Normandy, Councilmember Garbarino, Councilmember
Matsumoto, Vice Mayor Gupta, and MayorAddiego
Attest by -t
Krista artinelli
1 W-C,
and Development Commission
06:1
Notice of Conditions, Covenants,
and Restrictions Affecting
Agreement Imposing Public Access Restrictions
on the Use of Real Property
San Mateo County Assessor Parcel: The subject property is a public right-of-
way which is not subject to assessment.
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2. BCDC Permit No. 1998.011.04 dated September 23, 1998, as amended throuAs
Amendment No. 4, dated May 10, 2016. 1
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This agreement is made this day of . 2016, by and between
the City of South San Francisco, hereinafter referred to as "the City," and the San Francisco Bay
If,
Conservation and Development Commission, hereinafter referred to as `�Commlssiol
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property" that is located in the City of South San Francisco, County of San Mateo, State of
California, and is more particularly described in Exht A, attached hereto and incorporated •
reference into this agreement; and
WHEREAS, pursuant to the McAteer-Petris Act (Cal. Govt. Code § 66600 through
66694), Trux Airline Cargo Services and the City, hereafter jointly re&rred, to as the permittees,
sought in Application No. 11-98 a permit for the following:
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g. Install, use and maintain public access and traffic signs designed to
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the parking facility; and
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FURTHER, the City agrees, on behalf of the City and its suemsors and assigns, that this
public acms 3restriction shall be attached to and become a part of the deed of the subject
property-
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In witness thereof, the parties ho-oto have duly executed this agremnent.
Executed on this day of 2016,
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Executed on this day of .... .. ....... 2016,
at San Francisco, California.
State of
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Amended ,,
AMENDMENT rO
Trux Airline Cargo Services
Harbor Way
► Box
California South San Francisco, 94083
City of South San Francisco
P.O. Box
California South San Francisco, :,;
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Ladies
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Francisco, P90 1-4
at and near 191 North Access Road, Including the "finger" property, In the City of South Son
San Mateo
a. Remove an exiWnp, one-story, 30,000-square-foot building used for airline cargo
handlinjU
within Construct, use and maintain an approximately 1,200 quare-foat portion of a
new, 70,000-square-foot (building footprint), Wfoot-high, six-story, long-term
parking structure containing approximately 1,328 parking spaces and a car wash
(the car wash, while Would be outside 0 WR.
shoreline bond);
�.Iate of CalKor dmund C Brown, , - w
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. install, use and maintain:
B. Application RgLes. This authority Is generally pursuant to and limited by the permittees'
application received on June 29, ..« your letter dated June 8, 2001, e
your letters dated December 12, and December 27, 2002, requesting Amendment No. Three,
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Lmj the original permit shall generally conform to the plans submitted with that e
application, entitled: Vublic Access Improvements," dated February 10, IL99i,-
prepared by Callander and Associates.
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PERIMff NO. 199LO11-04
Trux Airline Cargo Services .;
the City M South M M
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b. A minimum of 8 signed, public parking spaces;
c. Pedestrian and bipfcle Son Francisco Bay Trail connections pQngglnLof*.
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Cargo Trux Airline Services and
the City of South San Francisco
authorized 1. The discharge of any solid or liquid wastes Into the Bay at the project site Is not
herein. Furthermore, pennittees shelf ensure that all runoff Is in
compliance M h the non-point source non-p« quality requirements of G
Water Quality Control Board, San Francisco Bay Region, pursuant to the federal
Porter-Cologne and the Coastal w
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2. Use. The open space for wildlife habitat areas shall be used exclusively for wildlife
habitat purposes and shall be reserved for purposes of parking
on the 'fingers.' Under no circumstances shall the open space for wildlife habitat
areas be used for any purposes other than open space and wildlife ha b1tat VAthout
first obtaining approval by or on behalf of the Commission.
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W. Recording. permittees shall record this document f; " a notice specifically
issued pursuant to this authorization and shall, within 60 der after recordation, provide
evidence of recordation to the Commission.
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(BCDC Permit No. 9-98) will complete the north-south portion of the public access
-reeded In the area.
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integrated Into other F facilities "11 f the Bay Area, the
Commission found in BCDC
treatment plant ♦ f be ,, M t because cvf safety, security and liability
problems. The applicants for the parking facility also believe that security and
liability Issues prevent the parking facility from providing shoreline access. I
After significant consideration, on-sfte access was Considered undesirable and the
alternative inland alignment was selected. This was In large part because; (1) it would
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At 10 feet wide this 21tway omvides two feet less than the orf nal uired width
of 12 feet However, because there are ten corrustuous feet of public aces rather than
three four foot se ents and bemuse the pathM is no longer located next vehicular
traffic and better connects to the other required public access areas, the overall public
beneftts of M rerouted DubRc access oathway exceed the on nal 211bllc benefits.
This altemative route is located on Propwtv owned by San Francisco IntemMMon Al ort
(Clfir and County of San Fran seo) and although the MY of South San Francisco has a
use germit to conjWct, us and maintain the public access pathway at this location, it
cannoi be permanenMy guaranteed. Even though It cannot be permanently guaranteed,
It Is regulred herein as public access and provides a vital link for the San Francisco Bay
Trail by connecting other Public access trails uired by BCDC Permit No. 1998.008 to
the west and BCDC Pemlt No. 19B4.016 to the east) to public shore parking and the
"finger'" park (both required by this permit).
North Access Road and North Access Road Bridge: During a sfte vigit on Mare ip
2016, staff dtscovered that the public access sidewalk and bikelanes reaulred on North
Access Road and North Access Road B!Ldp had not been constructed as re uired by the
permit.
North Amos Road Brides: On the North Access RpAd BrIdgl, the original permit
re uired the construction of a total width of 16 feet of oublic access c onsIsting of two 4-
foot -wide sidewalks and two 4foot -w4de bike lanes as shown on Cross action B
bike lanes on each sWe of the Bridge respectlyWy as shown on Cross Section B. Exhibit
C2. However, a legal description re ared by MacLeod and Associates dated December
M 2015 describes the width of each bike a as 7 feet.
At 15 feet 1 inch the bridge access is essentially one foot narrower than crignally
required. However, as constructed, the public benefit of the as -built condition exceeds
the originally- required condition for two reasons: (11 no pedestrian access Is needed on
the bridge since the RedeMan access that waLV have been located south of the San
Bruno Channel was relocated to the north side of the channel and 2 the bkvcle access
on each side of the bridge is at least 3 feet wider —jlbe originalhr- required four foot
width,
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G. Einvironmernal Review. Acting as lead agency pursuant to the Calbrnia Environmental
Quality Act (CEQA), the City of South San Francisco certified a Mitigated Negative Declaration
for the project on April 22, 1998.
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H. Conclusion. For all of the above reasons, the benefits of the proposed project clearly
exceed the deWment of the loss of water areas and the project will provide the maximum
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son Francisco Say Plan, Regulations, r the
Commission's amended management program for the San Francisco segment of
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Executed at Son Francisco, California, on behalf of the San Francisco Bay Conservation aro"
Development Commission on the datefirst above
LAWRENCE I. '..i
Director Executive
JAIME MIC AELS
Chief of Permits
27: U. S. Army Corps of Engineers, Attn: Regulatory Functions Branch
San Francisco Bay Regional Water Quality Control Board,
^ ttn: CertifIcation Section
Protection
Francisco San Airport, Attn: • -,
A
* * * * * 0 * * * * * * 0 * * * * * * * *
%ecelpt admovi;iedged, contents understood and agreed to.-
Executed at REST Investments
Applicant
Print Name and Me
Recelpt acknowledged, contents understood and agreed to:
Executed at MY of South San Franclsw
Applicant
On, By: ...........
Print Name and Title
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BCD 0 Permit No. 11 .98
'The REST Parking Facility
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BCDC PERMIT No. 11 —98,
Exhibit UP098 1 of 2
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OFFICE OF THE RECORDER OF SAM COUNTY AND STATE; DEUMMI) AS FOLLOWS:
I' OF ► 13 FEET WIDE. THE # ' I ERLY LINE OF SAM t' .� I i MORE
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PARTICULARLY r . , tIBE r AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SOUTH AMMIRT BOULEVARD (125,
WIDE), SAID POINT LYING SOUTH 24017'IS" EAST 3.86 FEET FROM THE SOUTHMTERLY
CORNER Ili M , IS SVOTRT OV T74,TiewCa
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THENCE EASTERLY ALONG SAID CURVE THROUGH A CMCMU ANGIE OF 16QS9'16n A
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THENCE LEAVING SAID LINE SOUTH 50*55'Or FAST 7.73 FEET TO nM BEGROMO OF A
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