HomeMy WebLinkAboutReso 102-2016 (16-650)File Number: 16 -650 Enactment Number: RES 102 -2016
RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NOTICE OF CONDITIONS, COVENANTS,
AND RESTRICTIONS AFFECTING AGREEMENT IMPOSING
OPEN SPACE RESTRICTIONS ON THE USE OF REAL
PROPERTY, FOR BCDC PERMIT 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 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 parcels owned separately by the Permittees;
and
WHEREAS, BCDC requires the Permittees to restrict a portion of their respective properties as open
space for wildlife purposes to remain in its unimproved or current natural condition with no further
filling or development; and
WHEREAS, the City is required to prepare and sign a "Notice of Conditions, Covenants, and
Restrictions ( "CC &R ") Affecting Agreement Imposing Open Space Restrictions of the Use of Real
Property, BCDC Permit No. 1998.011.04" for open space for wildlife purposes (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
Open Space 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 Council 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.
File Number., 16-650 Enactment Number. RES 102-2016
At a meeting of the City Council on 8/10/2016, a motion was made by Richard Garbarino, seconded IJTA
Pradeep Gupta, that this Resolution be approved. The motion passed. I
Yes: 5 Councilmember Normandy, Councilmember Garbarino, Councilmember
Matsumoto, Vice Mayor Gupta, and Mayor Addiego
Attest by
Krista Martinelli
• California
and Development Commission
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Recorded at the request of
State
Notice of Conditions, Covenants,
and Restrictions Affecting
on the Use of Real Property
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2. BCDC Permit No. 1998.011.04 dated September 23, 1998, as amended throu&
Amendment No. 4, dated May 10, 2016.
1 OF 56
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This agreement is made this . . . ........ . ... .._ day of . 2016, by and betweA.".
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g. Install, use and maintain public access and traffic signs designed to
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the parking facility; and
WHEREAS, the Commission has issued Permit No. 1998.011.04, a copy of which is
attached as Exhibit B and incorporated by reference into this agreement, hereinafter referred to
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Commission could not issue the permit; and
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s1. o6fically described in Exhibit C to this agreement which is attached and incorporated by
reference into this agreement for wildlife-- ►" 1 mVatrw-
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current natural condition as long as parking on the "fingers" exists.
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FURTHEF, the City agrees, on behalf of the City and its successors and assigns, that this
open space restriction shall be attached to and become a part of the deed of the subject propert:y.
RlWrAER, the City acknowledges that any violation of this open space condition and
deed restriction shall constitute a violation • the McAteer-Petris Act and • Permit No.
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tr any other person violating this open space condition and deed restriction to remedies w
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In witness thereo� the parties hereto have duly executed this agreement.
Executed on this day of ---,2016,
at . California.
Ike Fu
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State of
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County of
On before me� a Notary
Public in and for said County and State, personally appeared
personally known to me (or proved
to the within instrument and acknowledged to me that he/shetthey executed the same in
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Rxecuted on this day of 2016,
at San Francisco, Califimia.
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WITTOR
State of
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County of
On before me, , a
Notary Public in and for said County and State, personally appeared
personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/am subscribed
to the within instrument and acknowledged to me that he/shelthey executed the same in
his/her/their authorized capacity(jes), and that by his/her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
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Trux Airline Cargo Services
ro,, Way
P.O. Box 2505
South �t 1
City of South San Francisco
Box
South San Francisco, Callfornia 940ft
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�Orlinall� Issued on
Amended Through May 10, 20 16)
AMENDMENT M
1. Authorization
r: F e �.. -.
at and near 191 North Access Road, Including the "finger' property, In the City of South San
Francisco, San e•, County:
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Sift = A , ,. ♦G, Brown, r " Governor
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your letters dated De M and December 27, 2002, f N,
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]I. Special Conditions
The authorization made herein shall be subject to -the following special conditions, ir
P,ddltlon to the standard conditions In Part IV:
13 OF 56
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3. ConforrnItywIth Rnal Approved Plans.
• • >�, •� • ra •':
r rt • f r -r es' 7 � r .. 'i i
TW-
Special • • • o. i.
a. Prior • any use of
professional(s) of record shall certify In writing that, through personal knowledge,
the work covered • the authorization been performed accordance
the approved design criteria and in su bstantlal conformance with the approved
plans. No noticeable be made to any final plans or f the
e
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ended Thmugh May 10, 2016)
AMENDMENT r, FOUR
Page 6
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b. A minimum of 8 signed, publi.,
c. Pedestrian M.. k 1 4 M i,'
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1. The discharge of any solid or liquid wastes Into the Bay at the project site Is not
authorized herein. Furthermore,
non-point compliance with the f the Regional
Water Quality Control t San Francisco Bay Region, pursuant to the federal
Porter-Cologne Act, the Clean Water Act and the Coastal Zone Management Act.
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Trux Airline Cargo Services #-
the City of South San Francisco
Amended Through May 10, 2016)
AMENDMENT NO. FOUR
open space for d' o-- wildlife
habitat purposes and shall be reserved for these purposes for the life of the parking
on e "fingers." r d no +F circumstances
areas be used for any purposes other than open space and wildlife habitat without
first obtaining F- p `? by or on behalf of Commission.
i
416K. Recording. The permtttees shall record this document or a notice specifically referring
issued pursuant to this authorization and shall, within 60 days after recordation, provide
evidence of recordation to the Commission.
This permit Is issued based on the Commission's findings and declaration that the
authorized work is consistent x , .,, e r n Franckm Pion,
23 OF 56
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(BCDC Permit No. "S) will complete the north-wuth portion of the public access
needed In the area.
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Integrated Into other R 1 the Say Area, the
Commission found w access at this wastewater
treatment plant would be unacceptable because of safety, security and liability
problems. The applicants for the parking facility also believe that security and
liability Issues prevent the parking facility from providing
After significant consideration, on-site access was considered undesirable 1, the
alternative inland alignment was selected. This was In large part because: (1) it would
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Boulevard to N ,N YM, ' , portion of the trai
31 OF 56
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At Iii feet wide this Pathway Rroidd0s two feet less thanffie on inall re uired width
of 12 feet. However, because there are ten contiguous feet of Rublic access rather than
three, four foot segments and because the Pathway is no longer located next vehicular
traffic and better connects to the other required public access „areas, the overall publk
benefits of this rerouted public access Pathway exceed the original Publk benefits
This alternative route is located on Property owned by San Francisco Intemetion Airport
(Gifu and County of San Francisco) and although the City of South San Francisco has a
use permit to construct use and maintain the public access Pathway at thk location It
cannot be Permanently ituaranteed. Even thollo it cannot be Dermanently xuaranteed,
tt Is required herein as public access and provides a yltal link for the San Francisco Bay
Trail by connecting other public access trails (required by BCDC Permit No. 1998 008 to
the west and BCDC Permit No. 19B4.016 to the east) to public shore parking and the
"finger” �grk (both required by this permit).
North Access Road and North Aar Road Bridge: During a site visit on March 10
2016, staff discovered that the public access sidewalk and bikeianes required on North
Access Road and North Access Road Bridge had not been constructed as required by the
permtL
Noe#h Ages Road Drift: On the North Access Rod 8rldge the oftnal permit
required the construction of a total width of 16 feet of Public access conLLOng of two 4-
foot -wide sidewalks and two 4- foot -wld+e bike lanes, as shown on Cross Section B,
bike lanes on each side of the Bridge. respectlyely. as shown on Cross Section B, Exhibit
C2. However, a legal description prepared by MacLeod and Associates, dated December
11, 2015. describes the width of each bike lane as 7 feet
At 15 feet ,1 Inch, the bridge access is essentially one foot narrower than orlanalhr
required. However, as constructed, the public benefit of the as -built condition exceeds
the originalhareguired condition for two reasons: (1) no Pedestrian access is needed on
the bridge since the pedestrian access that was to have been located south of the San
Bruno Channel was relocated to the north side of the channel and 2 the blocle access
on each s_ ide of the bridge is at least 3 feet wider than the originally- required four -foot-
width.
32 OF 56
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Page 24
North Access Road: On the section of North Access Road from Its intersection with
South Almort Boulevard to the northern end of the North Access Road addimefthe
orlainal Pannit required the construction of a total width of 2S feet of public access
consisting of two 4 -foot, 6- inch -wide sidewalks and two 8- foot -Mde bike: lane% as
shown on Cross Section C. Bchlblt C -L Instead, the perms constructed a total width
of 18 feet of public access consisting of one &footwide sidewalk and two 5- foot -wide
bike lanes, as shown on Gross Section C. tacidblt C -2.
At 18 feet, the as-built public access Is 7 feet narrower than the required public access
corridor. While a single &foot widt sidewalk may be more beneficial than two narrower
sidewal , the two, 5-foot-wide bicycle lanes are lesssafe than two 8-foot -wide bicycle
lanes on a roadway with an 40 -mile -per -hour speed limit. Therefore, the as -built
condltlon on Ncdh Access does not sattsfy the originally- required publIc access benefit
and, therefiore, unlike the two other areas of nonconformity, the permit retains a
modified vemlon of the orlklnal reguiremerrt that requires the oenmittees to Provide, by
June 7., 2018,7 more feet of Public acce,m or an improvement that is of equal or greater
benefit to the Public, {Special Condition II.B.4.dl. There Is a i5-vear4ong temporal loss
of public benefit resulting from this dlminishsed condition-it Is nevertheless reasonable
to Provide the pennitees with a two -year -long period to develop a Plan to pruMde the
absent public access In light of the pending request for Amendment No. Five to
authorize a second parking facilihr. if the permitees' plans nxeed, they may construct
the absent Public access at the same time then are constructing the newharequired
public access. However, the penmittees are expected 6 construct the absent public
access by June 1, 2018, exclusive of the autcome of their pursult of Amendment No.
Five. The temporal loss of Public access benefits shall be addressed as Part of
Enforcement Case No. ER2000.097.
Legal Instrument: A consequence of the permitees' failure to_Previousk amend their
permit to reflect the as -built public access conditions Wthat they have been unable to
satigy Special Condition II.B.2 (Public Access Permanent Guarantee). This is because
absent an amendment a survey of the as - built public access area would not match tie
public access area required by the Permlt, which would In turn preclude the preparation
of a document that staff could approve, or that the San Mateo County Recorder's Office
would accept for recordation. The due date provided In Special Condition II.B.2 of the
original permit to have dedicated the public access area prior to the to the use of the
parking facilities authorized herein remains unchanged and no in Iteuaccess has been
offered to offset the temporal loss resulting from the 15 -veer -long period between the
33 OF 56
C. I ° °l I IIC 1 l Ill'
PERMIT NO. 199$.011.04
Trux Airline Cargo Services and
the City of South San Francisco
(Originally Issued on September 23, 1998, As
Amended Through May 10, 2016)
AMENDMENT NO. FOUR
Page 25
date of o=pany of the parking facilty and the present At the time of issuance of
Amendment No. Four+ the permittees have submitted a draft legal instrument for staff
review. While this draft legal Instrument has not gained staff approval nor been
recorded this ermit violation will be resolved art Enforcement Cap E 2000.097.
While reviewinn the legaf descripflo-REWared WMadeod and Associates dated
December 11, 2Q15, staff became aware that the original hermit used an incorrect area
of 7.500 square feet to describe the public access required on North Access Road.
Amendment No. Four reflects a much more acarrate area "fa oroximately 25,355
square feet. The total area of the as -built access on North Access Road and North Access
Road Bridge is aReroximatelly 21263 s ua a feet. The total ar a of the u built public
;ccew on North Access Road Is aPprogmately 6,077 sguare feet 1968 feet by 7 feet).
This correction does not result in the requirement to provide any more public access
than originally required and it will facilitate the successful implementation of the
requirement to permanently dedicate the Rublic access on North Access Road, which
will occur In two phases.
Revocation of Amendment No. Three: Amendment No Three was =liked on July
18 2003. However, It contained an Im ortant chan - beyond an ext nsion of
completion time - that Amendment No. Four reinserts to correct the amount of public
access for the "fin r" Park described In the oriminal Permit from 67.3§0 s uare feet to
36,024 square feet.The size of the public access park did not change at all rather the
67.350 square feet area was a typographical l error.
Amendment No. Four des: i after -ththa authorization for modfications to
the art in I -re uired public access-, 2 additional time for the yermittees to complete
the public access required on North Access Road• (3) supplementary Exhibits A-1, A-2,
and C2 that reflect the as -bulk Pubnc access amenities unlike the j2dor exhibits which
show now obselete layout hnd des!gn but are retained for clarity and to assure an
ongoing understarWing of the nature and extent of changed conditions, and (4) provides
after -the -fact authorization for a fence.
This amendment as defined in Regulation Section 20601(b)(1), meets the standard for
"minor repairs or improvements' for which the, Executive Director may Issue a
nonmaterial amendment to a manor pennit Pursuant to Government code Section
66632(F) and Regulation Sections 10820 and 10822 because it authorizes the placement
of small amounts of inert inorganic fill and substantial changes in use in the shoreline
band that does not have a significant adverse effect on present or future possible
34 OF 56
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EXI-RI11111T A,
-INNOT.,
IIIC ° ° ° ° °l �, III ° ° °� IIII I�I'w��' �I �u
I
Francisco Trux Airline Cargo Services and
the City of South San
r,"
Amended Through May 10, 2016)
AMENDMENT NO. "
Therefore, as conditJoned, the Commission finds that the project Is consistent with the
Commission's laws and policies that protect water quality.
Trux Airline k- Services and
the City w,.. South {.....
P; F k; i ;•,•4`
Amended Through May 10, 2016)
AMENDMENT NO. ,
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M, 1174
for the project on April 2Z 1998.
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11 ° °° IIII IIII
PERMIT NO. 199ILML04
Trux Airline Cargo Services and
the City of South San .,
r' 73, im—Ift
Amended N w
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Rnl,F-117771 f
IV. Standard Conditions
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Executed at San Francisco,
on behalf of the San Francisco Bay Conservation
Development +%;, on the r. te first above
Executive Director
« c: U. S. Army Corps t„ Regulatory Functions Branch
San Francisco Bay Regional
Attn: Certffication Section
Environmentall " r. Agency
San «; International Airport,
46 OF 56
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Receipt acknowledged, contents understood and agreed to:
Executed at REST Investments
Applicant
Print Name and TItW
Receipt acknowledged, contents understood and agreed to.-
Executed at of South Son Frandsm
Applicant
47 OF 56
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-'..'BCDC Permit No, 11-98
'The REST PaNng Facifty
Trux Cargo SeMm
Exhibit C
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BCDC PERMIT No. 11-98.
Exhibit CZpage 1 of 2
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2000-024984 of Official Records in the Office • the County Recorder, County of San
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LEGAL DESCREMON
FOR
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THENCE North 06052'29"
West, 10.00 feet;
THENCE South 83*07'31"
West, 10.00 feet;
THENCE South 06*52'29"
East, 10.00 feet;
THENCE South 83 °07'31"
West, 137.01 feet;
THENCE North 06052'29"
West, 9.50 feet;
THENCE South 83'07'31"
West, 17.86 feet;
THENCE North 09012'02"
West, 122.67 feet;
THENCE North 81 *02'29"
East, 420.82 feet;
THENCE North 08057'32"
West, 16.00 feet;
THENCE North 81 °02'29"
East, 10.50 fact;
TIMWCE North 08 °57'31"
West 25.00 feet;
THENCE South 81 002'29"
West, 10.00 feet;
THENCE North 08 °57'31"
West, 17.00 feet;
THENCE South 81 °02'29"
West, 132.66 feet;
THENCE North 08 °57'31"
West, 10.00 feet;
THENCE South 81 °02'29"
West, 10.00 feet;
THENCE South 0 ®57'31"
st, 10.00 feet;
THENCE South 81*02'29"
West, 292.34 feet;
THENCE North 030004 3"
Ewsl 115.40 feet;
THENCE North 30'008'36"
East, 10.84 feet;
THENCE North 43 °01'01"
East, 9.43 feet;
THENCE North 67 °31' 1 5"
East, 7.39 feet;
THENCE North 8703926"
East, 16.95 feet;
THENCE North 7 °06'51"
East, 15.93 feet;
THENCE North 83-42'39"
East, 24.98 feet;
THENCE North 72*01'25"
East, 20.29 feet;
THENCE North 82 °22'01"
East, 16.84 feet;
THENCE North 78®35' 10"
East, 16.03 feet;
THENCE North 87-08'05"
East, 15.46 feet;
THENCE North 81 13'29"
East, 10.06 feet;
THENCE North 75044'06"
East, 19.69 feet;
THENCE North 92-40'05"
East 15.13 feet;
THENCE North 80-53'59"
East 6 1. 10 feet;
THENCE North 86-53'29"
Emt, 34.53 feet;
THENCE North 81025'17"
East, 18.05 feet;
THENCE North 69022'25"
East, 24.98 feet;
THENCE South 88°55'56"
East, 13.71 feet;
THENCE North 68 °42'41"
East, 11.54 feet;
THENCE North 79013'07"
East, 27.67 feet;
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described in said Deed as bearing South 8 1 * 13' West and herein described as South
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Legal Description Prepared
Under the Supervision of--
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Andrew K. Holmes, L.S. 4428
Lic. Expires 9/30/17
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