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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. 111!11111 11 111 Iff :M M 1 Orr 11111111i:irl 2. BCDC Permit No. 1998.011.04 dated September 23, 1998, as amended throuAs Amendment No. 4, dated May 10, 2016. 1 A &a 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 Ol ill �ilillill l 1 11 ill 111 1110 11 1,111!l L 4 , I III 12111 1 , 11111 , I I 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: I IT IMF "MIRM Ill IMMMMOV� zr.ME=. 0=0 r M I W401 I I MOO V NT�s rff�� M.- IT? IMT Z� =0 WIWI* A -3- 1 # . � -- M M"T'r- MOM ! 11 1 '' ;Ip�ii 1111111111111111: 1 iIII 11111�- 1 0 1=1 1- 0 1 4 - TITP-M-TT.M.Iff"M 'i g. Install, use and maintain public access and traffic signs designed to III IMF 1111pJ11111111 I I III IT111 1!111 i��iii��Iiiii�illill����l��ll�l��ll�lI 11 �I 11 I I �irvm- mm= the parking facility; and IL M ;Ir IMM=-, I I 1 1111111 1 1 1 "1 1 �!! 1111fill I 11��I�II�p�111111 IIII!,11 ' #i 1 0 '0103 00 % +' E)10 i Illl llk 3 I A 4- 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- 0 In witness thereof, the parties ho-oto have duly executed this agremnent. Executed on this day of 2016, M, State of )ss. County of roma M Fu ike anal an an city m j City of South S Frcis 5 of 58 011�11�111��fl �F A 6- 1 Executed on this day of .... .. ....... 2016, at San Francisco, California. State of )ss. County of • before Vs&W Public in and for said Caunty and State, pegonall- t NIFTRITINTUTOR".. WTIF97M.T-73: .. 4)0'fi�l 1 1, Mow El vallmEmmm. M''Ins-Immy [am, XIIII ° °iIIIIII,,� III T A July 25, 2016 Page I of I In DIKII a 0 WIN 1141 J I (#)a#) A# *-I JI) w 3 3 kil EX14181t B I Iiiiii; I III I�Iig IIII l�lI�illilllIll i 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, :,; t Ladies -- -T 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 wam 8 58 " I�h 11111 I I A, . 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, a f,... EjV °�j IT A V 1111 ♦r x � 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. -,4I1jj L f I f ♦• t A l w 1 1 s • •.. A ,T , ! • A M, . .. i' "Illh ° °IIIIIIII''IIIP PERIMff NO. 199LO11-04 Trux Airline Cargo Services .; the City M South M M • �� + Amended Through 1 r M: „ yF; ; i • j ♦ 0 Y• R 4 of J or on behalf of the Commission. s ww" 4; )GfIIIIIII''CIIII" "'1111 " "' ui b. A minimum of 8 signed, public parking spaces; c. Pedestrian and bipfcle Son Francisco Bay Trail connections pQngglnLof*. llllw ° °° III' 17 of 58 11 I ft�° °1131T A 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 w EKI�il&T A 'iIK ° °° III 11111''1 I " "' A 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. F ". E:° I 111°11 I 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. 21 of 58 Illk ° ° ° °! VIII' °° "'III IIII!�"����" "'1111 " "' .j I A ------- ------- AIM =%6 zem ft (BCDC Permit No. 9-98) will complete the north-south portion of the public access -reeded In the area. I.u� IIII � IIII IIII ° ° ° "I� IIII �Illmm 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 44 ri a a' NEW: Ill l llh °° °1111 IIII IIII'C IIII' °' "" ,O 11, 26 of 58 EXI CIRT A NOW: Illlllllll ��� � ° ° °� IIII 1111111 I�� � C)11K1]1° ° °IIII ICI r 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, 30 of 58 IIII �V��i'�;�� °� ICI �� ° °�IIII� � " "IIIP "" �uu��i� 4 +, F'A 1' i NXIT1,711-1 �11 � I, �T� �k ° ° ° ° °�Illp ° °��IIIIII���' °� °" ...:....:..:. I",A 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. R1.11ro= I " "'IIIP "" A� 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 4 Y:. ft a j i ! 1 M ► r. ► ect I s co son Francisco Say Plan, Regulations, r the Commission's amended management program for the San Francisco segment of WWII 3 V 7=7771 4 ........ IIIIf° I • 7 7. • R I R R 1, 1 R 1 4 1;" • 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 I A I a I zi m 0- !S § m ?; REST ±« d 3 S : Eft-v v » a * -« � � a \2 « H H MWI Elrel WRLI it Y. a IMMIXIM j 41f 58 I 1. I Ll ti BCD 0 Permit No. 11 .98 'The REST Parking Facility I SSF - Trux Cargo Servws IxWbff I A VVN���� 64 BCDC PERMIT No. 11 —98, Exhibit UP098 1 of 2 11 K,1.11,90 d0g IDA 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 . 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 I' ' # ' ;To 420.00 4 " M THENCE EASTERLY ALONG SAID CURVE THROUGH A CMCMU ANGIE OF 16QS9'16n A DISTANCE OF ' '` r, i E I I m �fefll Ito) lk�:114 91 J 0 (*)%1 1 �f 0 1144 #1 IF(OF.W 1 s 40141 P [;[*)' l "'I F—Ill'i IZCCIF.111 a n INA 1) W:10j Q& W.0 .0 oQN[fall) 111:11! 1' !' 1 cs 91 . , 0, 'i 11 11 1. 0 M . . 1, .04 Jac a 1. 1:1. 04AWW1,144, :14] 4 j (o �awo),wv'. s 1. i I - ) v # F. v I 16; P F 6 k�'k � 0 — �:.I+ III A 11 111111 1 Uri I II i' S J, 1 IN W*Wl, 1.1v ; 1 1 ► ! is I 1' ! ! I; ! ' R «I' R I► A gliltl OF 1725 FEErl WIDE, THE CENTERLINE OF SAID STRIP 13ENG MORE BEGINNING AT A POMT ON WDSOUMERLY LINE OF NORTH ACCESS RoAD LYING ! ' 11 7 i ! I' fvl M' (: 1 I lit. . 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