Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2004-07-14 e-packet
SPECIAL MEETING CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 Meeting to be held at: MUNICIPAL SERVICES BUILDING CITY COUNCIL COMMUNITY ROOM 33 ARROYO DRIVE WEDNESDAY, JULY 14, 2004 6:30 P.M. NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 14th day of July, 2004, at 6:30 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: 1. Call to Order Roll Call Public Comments - comments are limited to items on the Special Meeting Agenda Study Session: Next steps for implementing a new billboard tax and a transient occupancy tax increase Closed Session: a) Pursuant to Government Code section 54956.9(b)(1): conference with legal counsel - anticipated litigation: significant exposure to litigation, one case b) Pursuant to Government Code section 54957: appointment of City Manager c) Pursuant to Government Code section 54957.6: labor negotiations unrepresented employee - City Manager; City Negotiator Steven T. Mattas d) Pursuant to Government Code section 54957.6: labor negotiations unrepresented employee - City Attorney; City Negotiator Michael A. Wilson 6. Adjournment Date: To: From: Subject: July 14, 2004 Honorable Mayor and City Council Jim Steele, Director of Finance Next Steps on Implementing a New Billboard Tax and a Transient Occupancy Tax Increase , RECOMMENDATION: It is recommended that the City Council consider the information contained in this report and give staff and the City Attorney direction on drafting two ballot measures for the November 2004 ballot to increase the Transient Occupancy (TOT) tax rate and to add a new commercial billboard tax to the existing business license taxes in the City's Municipal Code. BACKGROUND/DISCUSSION: The City's budget situation has been very unstable since 2001-02. The continuing recession, the loss of a major sales tax generator, revenue raids by the State, and rising retirement and health costs have all combined to cause a prolonged period of fiscal strain on the City of South San Francisco. To date, $10.9 million has been realigned in the General Fund budget, most of which includes budget cuts. A total of 48 positions have been frozen to date as part of this budget realignment. In this context, the Budget Subcommittee (Councilmembers Fernekes and Green), as part of the 2004-05 budget process, recommended to the City Council that a new tax on billboards be considered for the November 2004 ballot, along with an increase in the Transient Occupancy tax (TOT). In order to meet the November ballot filing deadlines, a Resolution needs to be approved by the City Council and forwarded to the County by August 6. Ballot language would need to be approved at the same time. Decision Points for Council: If Council wishes to pursue tax measures for the November ballot, several decisions must be made. They are discussed below A. Defining the purpose of a special tax. As was reported to Council in a previous staff report on options for raising revenues dated April 21 (attached), Proposition 218 requires that for a tax to be on the ballot this Staff Report Subject: Implementing a New Billboard Tax and a Transient Occupancy Tax Increase Page 2 of 5 November, with no City Council members up for election, it must be presented to the voters as a special tax, which requires 2/3-voter approval. Assuming the Council wishes to proceed, a special tax must be defined on the ballot as to what purpose the new funds will be used for. Staff recommends that Council declare their intent that the purpose of the tax is to fund public safety, library, parks and street maintenance. That is broad enough to give Council sufficient flexibility to use additional tax revenues to fund the priorities it sees as most appropriate. As an alternative, Council could define the purpose of the tax as only for public safety. Council will want to weigh how it presents the tax to the voters, and should consider any possible advantages from narrowing the purpose of the tax to a popular public purpose, such as public safety, vs. the limitations on the use of those dollars in future budget years that such a designation would bring. B. Selecting the TOT rate increase. If Council increases this tax, the revenue implications from raising the tax from the current 8% to either 8.5% vs. to 9% are below, given today's depressed hotel market vs. the market that existed in 2000-01: Raise Rate to: Additional Revenue: Current market In the 2000-01 market: 8.50% 9% $ 260,000 $ 520,000 $ 380,000 $ 760,000 In making this decision, Council will want to weigh the potential extra revenue from higher rates against the impact of making South San Francisco's TOT comparatively higher than that in surrounding cities. TOT rates for the other cities in San Mateo County are as follows: Staff Report Subject: Implementing a New Billboard Tax and a Transient Occupancy Tax Increase Page 3 of 5 TOT Survey - April 2004 City Rate Belmont 10% Brisbane 10% Burlingame 10% County 10% East Palo Alto 12% Foster City 8% Menlo Park 10% Millbrae 10% Pacifica 10% Redwood City 10% San Bruno 10% San Carlos 10% San Mateo 10% South San Francisco 8%+$2.50 It is worth noting that with the $2.50 per night conference center tax, South San Francisco's effective TOT rate is higher than 8%. Also note that the higher the average room rate is, the less of a difference the $2.50/night tax makes on the effective TOT rate that a traveler pays. That is, $2.50 provides less of an impact to hotel guests when measured against a room that goes for $120/night than when compared against a room that goes for $70/night. The table below gives examples: Effective TOT Tax at Different Room Rates: (includes $2.50/room/night Conference Center Tax) At At At Room Rate 8.0% 8.5% 9.0% $70.00 11.6% 12.1% 12.6% $90.00 10.8% 11.3% 11.8% $100.00 10.5% 11.0% 11.5% $110.00 10.3% 10.8% 11.3% $120.00 10.1% 10.6% 11.1% Staff recommends that Council consider increasing the TOT rate to 9%. The difference between a 9% rate vs. the current 8% rate on a $100/night hotel room is only $1.00. Staff Report Subject: Implementing a New Billboard Tax and a Transient Occupancy Tax Increase Page 4 of 5 C. Defining the billboard tax. What type of tax it should be/where in the Municipal Code should it be defined? A broadly based tax is usually a stronger tax to uphold, if it is ever challenged legally. Therefore, staff recommends that the billboard tax be incorporated into the City's existing business license tax in the municipal code. The business license tax is currently applied to virtually all businesses in the City, with one notable exception being businesses that advertise in South San Francisco and have no other physical presence here. Staff therefore recommends that a billboard tax be considered by the Council for inclusion in Section 6.20 of the Municipal Code under license taxes, billboards. To which billboards should the tax apply? Staff believes the intent of the tax is to capture business license taxes on a subsection of companies doing business in South San Francisco, but not already paying a business license tax. For that reason, staff recommends that this tax be applied only to billboards advertising for another party, that is, not advertising for an on-site business. That is, staff recommends that billboards advertising a company on its own property site be specifically excluded, since those firms already pay business license taxes to the City of South San Francisco, while third party advertisers do not. Staff also believes Council should consider whether to apply to tax to temporary public events and festivals, such as banners that may be posted at events like Day in the Park. Event sponsors often provide these types of banners/signs as a condition for their sponsoring the event, for which the community benefits. Staff also believes there would be a rationale for excluding the tax from smaller advertising, such as on bus benches and on buses and trucks traveling within the city limits. The incremental revenue will be relatively small, and the cost of administering collection will be relatively high. A rough count by Police Department staff estimates that there are no more than five bus benches in town that have small advertising signs on them. To address these issues and to make the tax relatively simple to administer and enforce, staff recommends that a billboard tax: 1. Be levied on the gross rental or lease or advertising receipts received by the owner of the billboard or the owner of the space the billboard occupies for the advertising contained on the billboard. That owner will, in all likelihood, pass the tax on to the company that pays for the billboard advertising. 2. Be clarified to apply only to advertising that is not on the site of, and for, a business located in South San Francisco. 3. Be applied only to signs larger than a certain threshold size. Standard billboards are at least 24 feet by 12 feet (288 sq ft.), so a threshold of at least 250 square feet should be sufficient to apply to all large commercial billboards. Staff believes this size threshold will exclude temporary banners and smaller signs, and will therefore be relatively simple to administer and enforce. Tax rate. Staff believes that, to be consistent with the parking tax, there is some logic to an 8% billboard tax rate. On the other hand, the parking tax rate was originally Staff Report Subject: Implementing a New Billboard Tax and a Transient Occupancy Tax Increase Page 5 of 5 linked to the hotel tax rate (TOT), since the parking tax is, in effect, an occupancy tax on out of town cars visiting South San Francisco. If Council seeks voter approval to increase the TOT rate to 9%, there is also logic to increasing the parking tax to 9%. However, that 8% tax (increasing the tax rate from 4% to 8%) was voted on by the public recently (in November 2001), so staff recommends not increasing the parking tax at this time. Staff therefore recommends that the billboard tax be levied at 8%, which is also the rate that Brisbane charges. FISCAL IMPACT: If the two taxes are passed effective January 1, 2005, they would bring in the following estimated amounts, which have not been assumed in the 2004-05 budget: Fiscal Year Annually 2004-05 Thereafter TOT Tax $260,000 $520,000- $760,000 Billboard Tax (est.) $65,000 $130,000- $500,000 Prepared by:~ ~im Steele Finance Director Michael A. W~ son City Manager Attachments: April 21 Staff Report Date: To: From: Subject: April 21, 2004 Honorable Mayor and City Council Jim Steele, Director of Finance Options for Raising Revenues RECOMMENDATION: It is recommended that the City Council review the information on taxes and other revenue raising options contained in this report and provide staff with direction at the April 21 study session. BACKGROUND/DISCUSSION: At the March 17 study session, the City Council was presented with preliminary information that the Budget Subcommittee of the City Council (Councilmembers Green and Fernekes) had discussed as part of their budget review meetings with staff earlier in March. This staff report contains additional background information on taxes and other revenue raising options that the Council may want to consider given the precarious State budget situation and the cumulative City budget cuts made to date of about $6.9 million over the past three fiscal years. This report is organized as follows: I. Additional information on raising the Transient Occupancy Tax by $1.00 and/or implementing a new Billboard/Outdoor Advertising Tax; II. Proposition 218 definitions of general vs. special taxes; m. Proposition 218 requirements for timing of tax elections; IV. Summary matrix on tax options/timing; V. Other revenue raising options provided for Council's information. I. Additional information on specific taxes Council asked for additional information on raising the Transient Occupancy Tax (TOT) and levying a new tax on outdoor advertising (billboards). Staff Report April 21, 2004 Subject: Options for Raising Revenues Page 2 of 8 A. Transient Occupancy Tax (TOT) increase Current Rates: The current TOT rate is 8%. (Unlike the other cities in San Mateo County, South San Francisco has an additional $2.50/room/night tax approved by the voters specifically to support the Conference Center). TOT rates for the other cities in San Mateo County are as follows: TOT Survey -- April 2004 City Rate Belmont 10% Brisbane 10% Burlingame 10% County 10% East Palo Alto 12% Foster City 8% Menlo Park 10% Millbrae 10% Pacifica 10% Redwood City 10% San Bruno 10% San Carlos 10% San Mateo 10% South San Francisco 8 % +$2.50 It is worth noting that with the $2.50 per night conference center tax, South San Francisco's effective TOT rate is higher than 8%. Also note that the higher the average room rate is, the less of a difference the $2.50/night tax makes on the effective TOT rate that a traveler pays. That is, $2.50 provides less of an impact to hotel guests when measured against a room that goes for $120/night than when compared against a room that goes for $70/night. The table below gives examples: Effective TOT Tax at Different Room Rates: (includes $2.50/room/night Conference Center Tax) At At Room Rate 8.0 % 9.0 % $70.00 11.6% 12.6% $90.00 10.8% 11.8% $100.00 10.5% 11.5% $110~00 10.3% 11.3% $120.00 10.1% 11.1% Staff Report April 21, 2004 Subject: Options for Raising Revenues Page 3 of 8 Revenue Generated There are roughly 3,000 hotel and motel rooms available for rental in South San Francisco. The most recent 12 months' data for the period March 2003 through February 2004 shows that average occupancy was 60.4%, and the average room rented for $70.48. City TOT (8%) revenue (not counting the $2.50/night tax that goes to the Conference Center) totaled the following for the past 3 fiscal years: 2000-01 2001-02 2002-03 2003-04 (est.) $6.1 million $4.0 million $3.9 million $4.0 million At these revenue levels, a 1% increase in the TOT (from 8 to 9%) would have generated an additional $762,000 in 2000-01 when room and occupancy rates were higher, and an additional $488,000 in 2002-03 and in 2003-04 (projected). B. Billboard/outdoor advertising tax Council asked about the feasibility of charging companies that rent/lease billboard space. Presumably, the most straightforward way to address this would be to ask voters to amend the City's current Business License Tax to include a new section for a tax on billboard owners/operators. Several cities in California have such a tax (see table below). Some of those cities charge a fiat annual tax, and others charge a percentage of the gross receipts on the advertising rental revenue received. Note that a tax on gross receipts tends to generate more tax revenue potential. If the Council were interested in pursuing this option, it may want to direct staff to draft a measure with the Attorney's Office that specifically focuses on outdoor advertising contained on larger billboards, and exclude smaller advertising. Examples that the Council may want to exclude from taxation could be signs for a business specifically at its own property, or small signs not placed on city streets that advertise local businesses (such as at a little league ball field). While billboard taxes are relatively uncommon in California, below is information received from other California cities that do have a billboard tax. Note that two of the cities that responded to the survey, Brisbane and Emeryville have relatively higher tax rates than those of the other cities. However, because of the limited number of billboards within their city limits in those two small communities, the revenue that those two cities generate is not significant. Council should be aware that based on feedback from one city that considered revenue measures impacting billboard companies in the past, that the large billboard companies in that city mounted an extensive lobbying effort against efforts to tax and/or regulate them, citing freedom of speech arguments. Staff Report April 21, 2004 Subject: Options for Raising Revenues Page 4 of 8 Cities in California w/Business License Tax on Billboards City Population Brentwood 38,000 How Charged .3% of first $500K in gross receipts, adjusted for amounts over $500K Est. Annual Revenue unknown Brisbane 3,600 8% of gross receipts One operator/ confidential Emeryville 7,550 Morgan Hill 35,000 Oroville 13,270 Oxnard 182,000 3.5% of gross receipts $2,500 $1 O/billboard small $25/year plus $10/billboard $425 $210 per company plus $3.00 per small billboard Santa Monica 91,000 $75/lst $60,000 rev; .3% of revenue small thereafter Tustin 70,000 $50/sign/year small Estimates of annual business license taxes that could be received from charging a gross percentage of billboard revenue are shown below. The estimates for South San Francisco range from $8,000-$1.1 million annually, and are meant only to give Council an idea of the possible ranges of revenue, and are very preliminary estimates only. These estimates are based on an informal count of the number of billboards on E1 Camino Real (4 billboards with 7 total faces) and/or visible from the 101 freeway but located in South San Francisco (11 billboards with 19 total faces). The estimates are also based on informal observations made by the Economic and Community Development as it has been involved in business attraction efforts in South San Francisco over the years. Note that the revenue ranges vary widely, with billboards adjacent to a freeway being much more expensive to rent. Revenue ranges also vary widely dependent on the strength of the economy. During strong economic times, such as before the dot com implosion, billboard advertising sells for a much higher rate than during times with a relatively weak economy, such as now. Annual Business License Tax Revenue estimated at Different Billboard Tax Rates: Tax Rate: 0.5% 1.0% 2.0% 3.0% 5.0% 8.0% Slow Economy $ 8,100 $ 16,200 $ 32,400 $ 48,600 $ 81,000 $ 129,600 High Economy $ 73,440 $ 146,880 $ 293,760 $ 440,640 $ 734,400 $1,175,040 Staff Report April 21, 2004 Subject: Options for Raising Revenues Page 5 of 8 II. Proposition 218 definitions of general vs. special taxes Proposition 218 was passed by the California voters in 1996. One of its key provisions was the voter approval requirement for taxes. The proposition distinguishes between what it defines as "general" vs. "special" taxes. Proposition 218 defined a "special tax" as one in which the end use of the tax revenues is dedicated in the ballot measure itself for a specific purpose. A special tax is in contrast to a "general tax", in which the funds can be used for any purpose. For example, a tax specified to be used for parks or for public safety is a special tax, while a tax that does not specify an end use, or is used for general purposes only, such as to help a city balance its budget, is a general tax. Note that the type of tax proposed (TOT tax, business license tax, parcel tax, etc.) does not determine whether the tax is general or special, but rather to what purpose its end use is defined, if at all. 1II. Proposition 218 requirements for timing of tax elections Proposition 218 also places specific requirements on when votes for taxes can occur. A special tax (requiring 2/3 voter approval) may be timed to appear on any ballot. A general tax (requiring majority voter approval) may only be placed on a ballot to coincide with a City Council election, "except in cases of emergency declared by a unanimous vote of the" City Council." Staff can think of two ways to mitigate the restrictions of the timing of a general tax. First, Proposition 218 does not define an "emergency". If the Council were interested in this option, it might be possible to make findings that an emergency existed due to the deterioration of the City budget situation, such as having cut the budget by $10 million over the past three years. A more specific finding might also be made if the Legislature passes a budget that contains the Governor' s proposed taking away of City property taxes. Second, several entities have used an approach known as the "Measure A/Measure B" approach, named after the ballot measures used by Santa Clara County to place a Transportation sales tax before the voters with only majority voter approval. In such an approach, the city may place a non-specific measure on the ballot as a general tax, that is, without specifying the end use of the revenues. That ballot measure would become "Measure A," and would only require majority approval to pass. Accompanying that measure as a separate "Measure B" on the same ballot would be an advisory measure. The advisory measure would state something to the effect that "if new tax revenues become available to the City in the next year, the City should use those funds for" some specific purpose, such as for parks or public safety or libraries. "Measure B" language would have to clearly state on the ballot that it was advisory only, and that it had no legal binding on the City Council if it were passed. Because Measure B is advisory to the Council only, courts have held that the accompanying ballot measure (Measure A) does not legally specify an end use for the tax revenues, and therefore Measure A has been upheld as a general (non-specific) tax that only requires majority voter approval to pass. Staff Report April 21, 2004 Subject: Options for Raising Revenues Page 6 of 8 IV. Summary Matrix of Tax Options Type of Tax Examples Vote Vote Timing Requirement General Tax TOT increase for any General 50% approval. Must be consolidated with a Fund purpose, with no purpose regularly scheduled general specified; election for members of the governing body of the local Parcel tax for any General Fund government, except in cases of purpose, with no purpose emergency declared by a specified; unanimous vote of the governing body. "Emergency" is not Business License Tax increase defined, but might be defined as for any General Fund purpose, a significant budget shortfall. with no purpose specified. Special Tax TOT increase for library 2/3 approval. May be scheduled with any improvements; election. Parcel tax for public safety; Business License Tax increase for park improvements. V. Other Revenue Raising Options Below are additional revenue raising options for Council's information: Admissions Tax While roughly two dozen cities in California have an admissions tax, it appears that only two charge a tax on movie ticket admissions (Santa Cruz and Indian Wells). Because of the possibility that our current theaters may close and new theaters may open in San Bruno, this option may not result in the possibility of more tax revenue for South San Francisco. Bo Parcel Tax Many California cities have assessed a Parcel Tax, in which a flat amount is charged on the property tax bill. Several rates are typically charged, such as different rates for single family, multi-family, retail, office, and industrial parcels. While this tax has the potential to raise significant revenue, it would impact all property owners. Staff Report April 21, 2OO4 Subject: Options for Raising Revenues Page 7 of 8 Co Do Fo G. Ho Utility Users' Tax Many California cities have a Utility Users' Tax, which is collected by utility, water, and phone companies as a percentage of each utility user's consumption. This option has the potential to raise significant revenue, but it would impact all residents and businesses. Sales Tax A few cities have gone to the voters to ask for a .25% sales tax increases. A .25% sales tax increase (from 8.25% to 8.5%) would impact all residents and would put South San Francisco's tax rate higher than surrounding cities, but would generate roughly $3.0 million annually. Increase in Business License Tax South San Francisco's Business License Tax is relatively low compared to other cities, because in most cases it is linked to the number of employees rather than to that companies' gross receipts. It therefore does not increase over time unless a business expands to add employees. A low business license tax is advantageous in attracting new businesses, however. If the Council considers raising the business license tax for billboards, it may want to also consider at the very least placing additional language in the municipal code that allows the Council to raise the tax by an amount not to exceed the inflation rate each year. In that way, the Business License Tax would rise annually with inflation. Fee for sidewalk replacement service Some cities have adopted an ordinance that makes homeowners and businesses responsible for sidewalk repairs/replacement in front of their property, either by requiring the property owner to fix the sidewalk, or by charging them the city's cost of the repair. South San Francisco spends roughly $250,000 annually on sidewalk repairs. Because such a charge is a fee, not a tax, it would not require voter approval. Fee for street sweeping services Some cities charge for street sweeping services on the garbage bill. Under Proposition 218, fee increases for garbage services are exempted from public vote requirements. If the City Council believed that street sweeping was legitimately a part of garbage services, presumably because street sweeping is another part of solid waste removal services, it could consider instituting a fee without voter approval. The City spends roughly $500,000 annually on street sweeping. While the City does not bill directly for garbage services, staff could look into either discussing this possibility with the South San Francisco Scavenger Company, or, alternatively, including the fee on the property tax bill in a similar way that sewer charges are levied now. Fee for 911 Service Some cities charge a 911-response fee on the phone bill, for access to the 911 emergency response system. As a fee for service, it would not require a vote of the public. Vehicle impact fee or increase to business license tax for companies with large trucks. Some cities charge either a tax or an impact fee on trucks. Two possibilities include: Staff Report April 21, 2004 Subject: Options for Raising Revenues Page 8 of 8 1) 2) An increase to the Business License Tax for companies located in South San Francisco that have trucks in their fleets. Our current tax charges $75 per vehicle only to companies in the "transportation" business. An expansion of the tax to all trucks owned by a company located in South San Francisco would require voter approval. Some cities have assessed a truck impact fee to pay for the cost of street repairs and maintenance associated with the wear and tear that trucks generate. If such a fee is calculated based on a nexus study that links trucks with the cost of maintaining city streets, and if the fee is used to finance street maintenance, then the fee does not require voter approval. Three ways to collect such a fee would be~ b) c) Through the business license process for South San Francisco businesses; A more limited approach of only assessing the fee on garbage trucks, which the Scavenger Company would end up passing along to South San Francisco ratepayers. Through the building permit process, and applied to construction trucks belonging to out of town companies that work on large construction projects in South San Francisco. Prepared by: Finance Director Approved by:/~ t{(_.-- Michael X.'~ls~)n City Manager AGENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, JULY 14, 2004 7:00 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Agency business, we proceed as follows: The regular meetings of the Redevelopment Agency are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents Redevelopment Agency from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE GENERALLY LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. The Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Board action. RAYMOND L. GREEN Vice Chair RICHARD A. GARBARINO, SR. Boardmember RICHARD BATTAGLIA Investment Officer MICHAEL A. WILSON Executive Director KARYL MATSUMOTO Chair JOSEPH A. FERNEKES Boardmember PEDRO GONZALEZ Boardmember SYLVIA M. PAYNE Clerk STEVEN T. MATTAS Counsel PLEASE TURN OFF CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT IS AVAILABLE FOR USE BY THE HEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS CALL TO ORDER ROLL CALL AGENDA REVIEW PUBLIC COMMENTS CONSENT CALENDAR 1. Motion to approve the minutes of June 23, 2004 2. Motion to confirm expense claims of July 14, 2004 CLOSED SESSION 3. Pursuant to Government Code section 54956.8 real property negotiations related to SF- PUC property located on Mission Road (APNs: 093-312-050/060); Agency Negotiator: Redevelopment Agency Assistant Director Van Duyn ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEETING AGENDA JULY 14, 2004 PAGE 2 AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, JULY 14, 2004 7:30 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the City Council on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. COMMENTS ARE GENERALLY LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. KARYL MATSUMOTO Mayor RAYMOND L. GREEN Vice Mayor JOSEPH A. FERNEKES Councilman RICHARD A GARBARINO, SR. Councilman PEDRO GONZALEZ Councilman RICHARD BATTAGLIA City Treasurer SYLVIA M. PAYNE City Clerk MICHAEL A. WILSON City Manager STEVEN T. MATTAS City Attorney PLEASE TURN OFF CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEET1NGS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS · Proclamation- Recreation and Parks Month, July 2004; recipient: Parks & Recreation Chair Salvador Rodriquez · Colma Creek Channelization Project Update - Director of Public Works Terry White AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL · Announcements · Committee Reports CONSENT CALENDAR 1. Motion to approve the minutes of June 23, 2004 2. Motion to confirm expense claims of July 14, 2004 3. Resolution approving an employer pickup pre-tax payroll deduction plan for service credit purchases (Contribution Code 14) 4. Resolution approving agreement with the County of San Mateo for communication services 5. Motion to accept the 2003-04 Street Slurry Seal Project as complete in accordance with plans and specifications 6. Resolution authorizing acceptance of a grant from the Woodland Foundation to support Project Read programming in the amount of $10,000 and a grant from the Atkinson Foundation to support Library Children's Services in the amount of $7,500 7. Resolution awarding a construction contract for the San Mateo Avenue Stormwater Lift Station Project 8. Resolution authorizing a consultant services agreement with SAFGI, Inc., for the Wet Weather Program and Oyster Point Grade Separation 9. Resolution awarding an emergency repair contract to Pacific Liners for repairs on E1 Camino Real in the amount of $12,800 10. Resolution awarding a purchase contract to Northwest Construction Inc., for sewer line replacement for Colma Creek in the amount of $26,200 from the Sewer Enterprise Fund 11. Resolution authorizing the purchase of sculpture "Pair of Tall Cranes" for the intersection of Junipero Serra and Hickey Boulevards in the amount of $4,000 REGULAR CITY COUNCIL MEETING AGENDA JULY 14, 2004 PAGE 2 12. 13. Resolution supporting the application to the Metropolitan Commission for a Transportation for Livable Communities Capital Grant for construction of a segment of the SSF BART linear park Acknowledgement of proclamations issued: retiree Richard Harmon, July 1, 2004, and Leonard Lee, July 8, 2004 PUBLIC HEARING 14. Consideration of resolution adopting a report of stormwater management services fees for FY 2004-05 and approving stormwater management service charges for FY 2004-05 15. 16. Consideration of resolution approving a 25% increase for sewer rates effective FY 2004- 05 and increases of up to 9% annually through 2008-09, amending the Master Fee Schedule to include the rates, and adopting a Report of Annual Sewer Rentals or Charges for 2004-05 Consideration of appeal of Planning Commission decision to approve a Planned Unit Development at 440 Commercial Avenue and Tentative Parcel Map and an Affordable Housing Agreement; Owner: City of South San Francisco Redevelopment Agency; Applicant: Peninsula Habitat for Humanity; P04-0034, PCA04-0001, PUD04-0001, PM04-0001 & AHA04-0001 17. Consideration of resolution approving 16-unit planned unit development at Hillside Boulevard and Stonegate Drive, including Mitigated Negative Declaration, Tentative Subdivision Map, Design Review, and Affordable Housing Agreement; Owner: Hillside Land LLC; Applicant: Paul E. Davis; PUD01-012, SA01-012, DR01-012, AHA & ND01-012 ADMINISTRATIVE BUSINESS 18. ResOlution approving the South San Francisco Conference Center FY 2004-05 operating budget 19. Resolution of necessity and authorizing the filing of eminent domain proceedings for the acquisition of certain land for the Wet Weather Program Phase I (Assessor Parcel Numbers: 015-112-480; 015-112-580; 015-112-660 & 015-112-670) COUNCIL COMMUNITY FORUM ADJOURNMENT REGULAR CITY COUNCIL MEETING JULY 14, 2004 PAGE 3 AGENDA Staff Re ort DATE: TO: FROM: SUBJECT: July 14, 2004 Honorable Mayor and City Council Jennifer A. Bower, Director of Human Resources Adopt An Employer Pick-up Resolution For Pre-Tax Payroll Deduction Plan for PERS Service Credit Purchases RECOMMENDATION Adopt an Employer Pick-up Resolution allowing employees to use a pre-tax payroll deduction plan to purchases service credit through the Public Employees Retirement System. This is a resubmission of a resolution previously adopted. CalPERS has changed a membership coverage group number that had been specified-in the earlier resolution. This revised resolution contains one change only: the membership group coverage language specifies "All Miscellaneous" and "All Safety" to allow for any CalPERS administrative changes that may occur in the future. BACKGROUND/DISCU S SION The Board of Administration of the California Public Employees' Retirement System (PERS) allows for the use of a pre-tax payroll deduction plan for employees when purchasing PERS service credit. This plan meets the Internal Revenue Code (IRC) section 414(h)(2) and the Califomia State Government Code. By approving this, the City provides a tax benefit to employees who purchase service credit This pre-tax payroll deduction plan would be available to all employees in the PERS coverage member groups - essentially all City employees who are members of PERS. The City will implement the provisions of IRC section 414(h)(2) by making employee contributions for service credit purchases pursuant to the California State Government Code on behalf of its employees who are members of PERS and who have made a binding irrevocable election to participate in the pre-tax payroll deduction plan. Employee contributions are those contributions reported to PERS that are deducted from employees' salary and are credited to individual employee accounts for service credit purchases, thereby resulting in tax deferral of employee contributions. There are no costs to providing this for employees, other than initial limited administrative costs in setting up the payr/olt' ~ pr/~i_de for this. (.Jennifer A. Bower Director of Human Resources Approved: City Manager Attachment: Resolution Return to CalPERS -Unit 830 Employer code: 0093 EMPLOYER PICKUP RESOLUTION PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14) WHEREAS, the Board of Administration of the California Public Employees' Retirement System (CaIPERS) at the April 1996 meeting approved a pre-tax payroll deduction plan for service credit purchases under Internal Revenue Code (IRC) section 414(h)(2); and WHEREAS, the City of South San Francisco has the authority to implement the provisions of IRC section 414(h)(2) and has determined that even though implementation is not required by law, the tax benefit offered by this section should be provided to those employees who are members of CaIPERS; and WHEREAS, the City of South San Francisco elects to participate in the pre-tax payroll deduction plan for all employees in the following CalPERS coverage group(s): IMembership Coverage Groups: All Miscellaneous Coverage Groups All Safety Coverage Groups NOW, THEREFORE BE IT RESOLVED: I. That the City of South San Francisco will implement the provisions of IRC section 414(h)(2) by making employee contributions for service credit purchases pursuant to the California State Government Code on behalf of its employees who are members of CalPERS and who have made a binding irrevocable election to participate in the pre-tax payroll deduction plan. "Employee contributions" shall mean those contributions reported to CalPERS which are deducted from the salary of employees and are credited to individual employee accounts for service credit purchases, thereby resulting in tax deferral of employee contributions. II. That the contributions made by the City of South San Francisco to CaIPERS, although designated as employee contributions, are being paid by the City of South San Francisco in lieu of contributions by the employees who are members of CaIPERS. III. That the employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of South San Francisco to CalPERS. IV. That the City of South San Francisco shall pay to CalPERS the contributions designated as employee contributions from the same source of funds as used in paying salary, thereby resulting in tax deferral of employee contributions. V. That the effective date for commencement of the pre-tax payroll deduction plan cannot be any earlier than July 1, 1996, or the date the completed resolution is received and approved in CalPERS, whichever is later. VI. That the governing body of the City of South San Francisco shall participate in and adhere to requirements and restrictions of the pre-tax payroll deduction plan by reporting pre-tax payroll Return to CalPERS-Unit 850 Employer code: 0093 deductions when authorized by CalPERS for those employees of the above stated Coverage Group(s) who have elected to participate in this plan. PASSED AND ADOPTED by the governing body of the City of South San Francisco this __ day of ,2004. By: Michael A. Wilson City Manager Signature Attestation By: Sylvia Payne City Clerk RETURN ADDRESS: Jennifer Bower, Director of Human Resources City of South San Francisco Human Resources Department P.O. Box 711 South San Francisco, CA 94083 FOR CALPERS USE ONLY Date:Pre'tax Payroll Deduction Plan Effective I ] Approved [ Title: By: MEMBER SERVICES DIVISION, Service Credit Section-Unit 830 RESOLUTION NO. CITY COUNC]~L, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AN EMPLOYER PICKUP PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICES CREDIT PURCHASES (CONTRIBUTION CODE 14.) WHEREAS, the Board of Administration of the California Public Employees' Retirement System (CalPERS) at the April 1996 meeting approved a pre-tax payroll deduction plan for service credit purchases under Internal Revenue Code (IRC) section 414(h)(2); and WHEREAS, the City of South San Francisco has the authority to implement the provisions of IRC section 414(h)(2) and has determined that even though implementation is not required by law, the tax benefit offered by this section should be provided to those employees who are members of CalPERS; and WHEREAS, the City of South San Francisco elects to participate in the pre-tax payroll deduction plan for all employees in the following CalPERS coverage group(s): Membership Coverage Groups: All Miscellaneous Coverage Groups All Safety Coverage Groups NOW, THEREFORE BE IT RESOLVED by the City Council of the City of South San Francisco as follows: I. That the City of South San Francisco will implement the provisions of IRC section 414(h)(2) by making employee contributions for service credit purchases pursuant to the California State Government Code on behalf of its employees who are members of CalPERS and who have made a binding irrevocable election to participate in the pre-tax payroll deduction plan. "Employee contributions" shall mean those contributions reported to CalPERS which are deducted from the salary of employees and are credited to individual employee accounts for service credit purchases, thereby resulting in tax deferral of employee contributions. II. That the contributions made by the City of South San Francisco to CalPERS, although designated as employee contributions, are being paid by the City of South San Francisco in lieu of contributions by the employees who are members of CalPERS. III. That the employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of South San Francisco to CaT[PERS. IV. That the City of South San Francisco shall pay to CalPERS the contributions designated as employee contributions from the same som'ce of funds as used in paying salary, thereby resulting in tax deferral of employee contributions. V. That the effective date for commencement of the pre-tax payroll deduction plan cannot be any earlier than July 1, 1996, or the date the completed resolution is received and approved in CalPERS, whichever is later. VI. That the governing body of the City of South San Francisco shall participate in and adhere to requirements and restrictions of the pre-tax payroll deduction plan by reporting pre-tax payroll deductions when authorized by CalPERS for those employees of the above stated Coverage Group(s) who have elected to participate in this plan. 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 meeting held on the ~ day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk RETURN ADDRESS: Jennifer Bower, Director of Human Resources City of South San Francisco Human Resources Department P.O. Box 711 .. South San Francisco, CA 94083 FOR CALPERS USE ONLY Pre-tax Payroll Deduction Plan Effective [ Date: Approved ] Title: By: MEMBER SERVICES DIVISION, Service Credit Section-Unit 830 S :\Cun'ent Reso's\7 - 14-04H R.reso.doc Staff DATE: TO: FROM: SUBJECT: July 14, 2004 Honorable Mayor and City Council Philip White, Fire Chief RESOLUTION AUTHORIZING AN AGREEMENT WITH THE COUNTY OF SAN MATEO FOR COMMUNICATIONS SERVICES PROVIDED TO THE SOUTH SAN FRANCISCO FIRE DEPARTMENT RECOMMENDATION It is recommended that Council adopt a resolution authorizing an agreement with the County of San Mateo for communications services to be provided to the South San Francisco Fire Department. BACKGROUND/DISCUSSION San Mateo County provides communications services for fire, rescue and emergency medical services providers. Cun'ently, the South San Francisco Fire Department is the only fire department that does not contract out for these services. As a result, delays occur in the dispatching of automatic aid resources into and from South San Francisco. This time delay is due to requests for automatic aid resources having to be processed by both our City's Communications Center operated by the Police Department and then forwarded/received from the San Mateo County Communications Center. San Mateo County Communications Center will be responsible for providing fire, rescue and EMS dispatching services for the South San Francisco Fire Department. The Agreement and Exhibits contained therein are identical in all respects to the agreements signed by other fire departments in San Mateo County with the deleting of language that would have required the South San Francisco Fire Department relationship to be bound by the policies of the San Mateo County Fire Chief's Association and that any changes in the dispatching policies or procedures could unilaterally be implemented by the San Mateo County Communications Center. Staff Report To: Re: Date: Page: Honorable Mayor and City Council Resolution Authorizing An Agreement With The County Of San Mateo For Communications Services Provided To The South San Francisco Fire Department July 14, 2004 2 of 2 CONCLUSION As a result of this Agreement, the dispatching of both the South San Francisco Fire Department and outside fire departments will become more simplified. Consequently, response times of fire engines to the scene of an emergency will be reduced and firefighter safety will improve. By: Philip D. White Fire Chief k-~'l'~-ha~l A. Wilo~ City Manager Attachments: Resolution Agreement RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING AN AGREEMENT WITH THE COUNTY OF SAN MATEO FOR COMMUNICATION SERVICES PROVIDED TO THE SOUTH SAN FRANCISCO FIRE DI~PARTMENT WHEREAS, staff recommends the City enter into au agreement with the County of San Mateo for communication services provided to the South San Francisco Fire Department; aud WHEREAS, funding from the lntemal Services Fund will pay for the contracted services provided by the County. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes au agreement with the County of San Mateo for communication services provided to the South San Francisco Fire Department. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf of the City of South San Francisco. 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 meeting held on the __ day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk S :\Current Reso's\7-14-04agree.county. city. doc AGRF. F. MENT BETWEEN COUNTY OF SAN MATEO AND CITY OF SOUTH SAN FRANCISCO FOR COMMUNICA~ONS SERVICES This Agreement is entered into on ,2004, between the COUNTY OF SAN MATEO", a political subdivision of the State of California hereinafter referred to as "County" and CITY OF SOUTH SAN FRANCISCO, a municipal corporation, hereinafter called "City." WlTNESSETH WHEREAS, Section 51350 of the California Government Code, authorizes a County which provides services to any City pursuant to contract to charge the City costs which are incurred in providing such services; and WHEREAS, it is beneficial for County to provide fne and emergency medical dispatch communications services to the geographical areas served by the City; and WHEREAS, County is willing to provide such services and will contract with City to provide such services, City will designate the geographical area to which services will be provided and ensure payment to County for such services; and WHEREAS, City has requested County to provide communications services to City on a 24 hour a day, seven day a week basis; and WHEREAS, County is willing to provide such services provided that City reimburses County for all costs incurred in providing such services as specified therein; and WHEREAS, it is necessary and desirable that the parties enter into the Agreement as set forth below; NOW, THEREFORE, IT IS HEREBY AGREED between the County and City as follows: Count, Obligations (a) County will provide Fire, paramedic and fire frrst response communications dispatch services to the City as set forth in Exhibit A, attached hereto and incorporated herein by reference. City, Obligations (a) In further consideration for the services provided by County, the City shall provide personnel, facilities and equipment as set forth in Exhibit B, attached hereto and incorporated herein by reference. (b) (c) The City shall give written consent prior to County implementing any proposed processes for change that would require in-depth County operational or technical changes. Additional equipment desired by the City to enhance the base dispatch system, that is solely for the use of the City operation (Automatic Vehicle Locators, Records Management System, etc. ) shall be purchased, installed, maintained, and owned by the City, unless mutually agreed upon prior to purchase. Furthermore, mutual agreement between the County and City must be in place in order to install, test, train, implement and operate such equipment in relation to Communications Center operations. Additionally, mutual agreements must be reached if a PRC CAD interface is required for such implementation. Payment (a) City will pay County $104,898 for the first year of operation, commencing October 5, 2004 or until increases are determined pursuant to section 2(b). In consideration of the communications services, City will make annual payments to County, with the percentage increase reflecting the labor contract increases for wages of the County personnel. (b) City will pay costs associated to pager rental, replacement and damage fees. All costs are pass-through costs borne by the County via the pager provider. (c) The amount due to for future years will be determined by negotiated increases in the costs of salaries and benefits of the Communications Dispatcher (series) who perform the work hereunder. The percentage of increases will be calculated and applied to the former year's annual cost. It will be the responsibility of the County to notify the City of any such change as soon as it is approved by the Board of Supervisors. They amount payable to County may also be changed if there is a change in job responsibility of the dispatch staff or increase in the number of staff needed to effectively render service, which shall be determined by County Contract Term. The term of this Agreement shall be October 5, 2004 through October 4, 2009, subject to the termination by either party, as stated below, within 180 days written notice. Schedule. City shall make the payment for communications and pager rental in quarterly installments due on or before the first day of June, September, December, March of each year. Notice. All notices, demands, requests, consents, approvals, waivers, or communications ("notices") that either party desires or is required to give to the other party or any other person shall be in writing and either personally served or sent by prepaid postage, first class mall. Notices shall be addressed as appears below for each party except if either party gives notice of a change of name or address, notices to the giver of that notice shall thereafter be given as demanded in that notice. County: County Manager Hall of Justice and Records 400 County Center Redwood City, CA 94063-1662 City Manager 400 Grand Avenue South San Francisco, CA 94080 Contract compliance. It is agreed that the County and City will develop a method of communication to ensure contract compliance by both parties (reference Exhibit A). Communications Center Director and the City Fire Chief or their designees shall conduct this communication. Mutual Indemnification. County and City agree the County shall indenmify, hold harmless, release and defend City, its officers, employees, agents, and member agencies from and against any and all actions, claims, demands, losses, expenses including attorney's fees and liabilities of any nature arising out of the services provided by the County pursuant to this Agreement, excepting liabilities due to the sole negligence or willful misconduct of City. County and City further agree that City shall indemnify, hold harmless, release and defend County, its officers, employees, agents from and against any and all actions, claims, demands, losses, expenses including attorney's fees and liabilities of any nature arising out of the services provided by City and its member agencies pursuant to this Agreement, excepting liabilities due to the sole negligence or willful misconduct of the County. In the event of concurrent negligence of the County, its officers and/or employees, and City it officers and/or employees, then the liability for any and all claims for injuries or damages to persons and/or property which arise out of terms and conditions of the Agreement shall be apportioned according to the California theory of comparative negligence. The duty of the agency to indemnify and save harmless as set forth herein shall include the duty to defend as set forth in Section 2778 of the California Civil Code. Insurance (a) County and City will not commence work under this Agreement until all insurance required under this section has been obtained and such insurance has been approved by the County's Risk Manager. City shall furnish the County with certificates of insurance evidencing the required coverage and there Shall be a specific contractual liability endorsement extending its coverage to include the contractual liability assumed by it pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days notice must be given, in writing, to the Risk Manager of any pending change in the limits of liability or of any cancellation or modification of the policy. (b) County and City shall have in effect, during the entire life of the Agreement, Workers' Compensation (providing full statutory coverage) and employer liability insurance in the amount of one million dollars. Each certifies that it is aware of the provisions of Labor Code Section 3700 which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of the code, and it will comply with such provisions before County commences the performance of any work under this agreement. (c) County and City shall take out and maintain during the life of this Agreement comprehensive liability insurance to cover bodily injury liability and property damage liability to protect them against any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from the performance of services under this Agreement. Such insurance shall be combined single-limit bodily injury and property damage for each occurrence and shall include comprehensive liability of at least $2,000,000. (d) In the event of the breach of any provision of the section, or in the event any notice is received which indicates any required insurance coverage will be diminished or Canceled, County at its option may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement. (e) Proof of self-insurance in lieu of insurance certificates is acceptable for any provision in this section. 10. 11. 12. 12. Inspection of Records. All records, books, reports, and documentation maintained by County related to performance under this Agreement shall be open for inspection upon demand at reasonable time. Nondiscrimination. No person shall, on the grounds of age (over 40), ancestry, creed, color, disability, marital status, medical condition, national origin, political or religious affiliation, race, sex, sexual orientation or any non-job-related criteria be excluded from participation in, be denied the benefits, or be subjected to discrimination under this agreement. Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the County Manager, including but not limited to: 1) termination of this Agreement; 2) disqualification of the Contractor from bidding on or being awarded a County contract for a period of up to 3 years; 3) liquidated damages of $2,500 per violation; 4) imposition of other appropriate contractual and civil remedies and sanctions, as determined by the County Manager. To effectuate the provisions of this paragraph, the County Manager shall have the authority to; i) examine Contractor's employment records with respect to compliance with this paragraph; ii) set off all or any portion of the mount described in this paragraph against amounts due to Contractor under this Contract or any other Contract between Contractor and County. Contractor shall report to the County Manager the filing by any person in any court of any complaint of discrimination or the filing by any person of any and all charges with the Equal Employment Opportunity Commission, the Fair Employment and Housing Commission or any other entity charged with the investigation of allegations within 30 days of such filing, provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include the name of the complainant, a copy of their response to the Complaint when filed. Merger Clause This Agreement, including the attached Exhibits "A," and "B," and attachments thereof sets forth the entire Agreement between the parties. No subsequent alteration or variations shall be valid unless made in writing and signed by the parties hereto. Assignabili~,. Any assignment of the Agreement shall be void without the written consent of the other 5 party. 6 IN WITNESS WHEREOF, the parties hereto by their duly authorized representatives have affixed their hands on the day and year in this Agreement first above written. Dated: Mark Church, President Board of Supervisors County of San Mateo Certificate of Delive~ (Government Code Section 25103) I certify that a copy of the original document filed in the Office of the Clerk of the Board of Supervisors of San Mateo County has been delivered to the Vice President of the Board of Supervisors. County Managers Office/Clerk of the Board ATTEST: Mayor, City Council City of South San Francisco Dated: Approved as to form Oity Attorney '7 EXHIBIT A COUNTY PROVISION OF SERVICES Communications services are described as: (a) County shall provide the City with telephone answering, personnel notification and equipment dispatching, including automated status keeping, and associated activity reports and inquires. Dissemination of workload and deployment of personnel and the type of personnel is at the sole discretion of the County. The county shall not be responsible for answering any non-emergency, administrative phones belonging to fire department. (b) County shall provide the City with services mentioned in Paragraph (A) above on a twenty four hour basis, three hundred sixty-five days per year basis. (c) County shall ensure that all Fire/EMS Controllers have attended a minimum of 120 hours of initial classroom instruction in Fire Communications procedures and that they remain proficient and capable of providing service that meets or exceeds established standards. Additionally, the County shall ensure a minimum of 24 hours of in-service training annually. The curriculum development and ongoing evaluation for fire dispatch training will be the joint responsibility of the County and the City every 24 months. (d) A service level will be maintained that meets the dispatch need of the City. Communications performance standards shall be commensurate with the agreed upon standards adopted by all other fire agencies in the County. Current indicators of acceptable service, as determined by the County, are; (1) dispatch of high priority - emergency calls within 60 seconds from time of first notification to time of initial unit notification, on average, (2) answer emergency radio traffic on the primary frequency within 10 seconds of each transmission, on average, (3) ensure that each dispatcher pass a written proficiency exam pertaining to Fire Dispatching that is jointly developed by the City and the County, twice each year. If for any reason the dispatch service levels provided by the County are unacceptable, the City shall notify the County Communications Dispatch Center Director, in writing, of any deficiencies and expectations for correction. The County shall have 30 days to respond in writing to the City about the service and its plan of action. (e) Direct liaison with the City through the County's Fire/EMS Program Manager (or designee) pertaining to overall operational coordination of the Fire/EMS program and its relationship to the communications center. (f) Document and tape reproduction upon request to members of the City for purposes of incident critique and de-brief, incident evaluation, statistics and performance related issues. In providing communications services, the County shall: (a) Provide working space and facilities at a County facility for personnel and equipment described in this agreement. Provide and maintain telephone equipment to accommodate the City 911 and seven digit emergency telephone call volume (emergency back-up hotlines). (c) Provide general business telephone numbers that can be used for official business of the City to communicate directly with the fire dispatcher. (d) Provide and maintain radio console equipment within the communications center to effect radio transmissions from the communications center to the City agencies on the frequencies designated by the City. (e) Provide recording equipment to log and record incoming and outgoing City incident related radio and telephone transmissions. All radio frequencies or telephone lines used for City business in the communications center operation (not administrative offices) shall be recorded. (f) Serve as a Secondary Public Safety Answering Point (SPSAP) for 911 emergency services, in accordance with the roles, policies and regulations of the State of Califomia 911 program. (g) Support the integration and operation of mutually acceptable computer program enhancements that are installed in the Computer Aided Dispatch System at the City's expense. (h) Maintain a unique incident numbering system for City. ¢) Maintain detailed incident records "on-line" for 180 days and permanently for 3 years. The form of such records shall be in the form specified in Attachment-A to Exhibit A. (j) Ensure that the existing Computer Aided Dispatch system accurately reflects the City operation. As pan of the implementation of said services, the County shall provide and pay all associated costs of: (a) Assistance with the overall project management including coordination and 9 implementation of the dispatch operation including joint development of standardized training, deployment and operational policies and procedures. Co) Modify necessary existing CAD system files to reflect the City operations (c) Any other changes at or after implementation to be made shall be negotiated and mutually agreed upon. 4. The City will be provided with annual reports to include but no limited to: a) b) c) d) e) number of calls processed apparatus "out of chute" times number of responses in district number of responses out of district number of calls received by individual fn'st responders (ie., Battalion Chief, Engine, Track) Runs after 2200 hours 10 EXHIBIT A ATTACHMENT A DETAILED INCIDENT RECORD: The detailed incident record shall include for each incident: o 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Incident Number: A unique number, specific to each agency, for each CAD generated incident. Case Number: A unique number, specific to each agency, for each response, this 'is typically the agencies. Associated Numbers: Incident and case numbers of other associated incidents that were dispatched by San Mateo County Communications. Received time: The a PSC dispatcher receives 911 calls for service. Entered Time: The time the incident was first entered into the CAD. Dispatched Time: The time the FIRST unit was ENROUTE to the incident. EnRoute Time: The time that the FIRST unit was ENROUTE to the incident. OnScene Time: The time that the FIRST unit was ONSCENE. Closed Time: The time that the incident was closed, typically when the LAST unit clears. Initial Type: The first type that was entered when the incident was created. Final Type: The type code that the incident was closed with. Initial Priority: The priority that was entered when the incident was created. Final Priority_: The priority that the incident was closed with. Initial Alarm Level: The alarm level that the incident was dispatched with. Final Alarm Level: The alarm level that the incident was closed with. Disposition: The last disposition given to the incident. Source: How the incident was received. 17. 18. 19. 20. 21. 22. 23. 24. 25. Primary Unit: The FIRST unit dispatched or the LAST unit to clear. Police, Fire, EMS BLK: Reporting district. Group: type of entity (Fire, EMS, Law) Beat: Station/Response area. Map Page: Thomas Bros map page. Fire Map Page: Department map page. None are currently defined. Exception List and Response Zone: EMS response time zone. Location: Location plus location information. Name, Addr, Phone: Reporting party information. All other information relating to the incident is collected in "segments." These segments record every detail as it occurs. Some examples of segments are, additional units dispatched and their times, personnel dispatched, and all comments. Attached is an example of an incident printed from CAD. 12 EXHIBIT A ATTACHMENT B In accordance with existing fire communications operations, effective October 5, 2004, Public Safety Communications Division will staff the Communications Center with the following configuration: 3 workstations staffed 24 hours a day, 7 days a week serving the following agencies: North County: Daly City Fire Department, Pacifica Fire Department, Brisbane Fire Department, Colma Fire Protection District, South San Francisco Fire Department, San Bruno Fire Department Central County: Millbrae Fire Department, Burlingame Fire Depaxtment, Hillsborough Fire Department, San Mateo Fire Department, Foster City Fire Department Fire Net Six: South County Fire Authority, County Fire, Redwood City Fire Department, Menlo Park Fire Protection District, Woodside Fire Protection District, Half Moon Bay/Point Montara Fire Protection Districts. In addition, a workstation will be staffed 12 hours a day, seven days a week to provide telephone management and back-up to the Fire/EMS operation, generally staffing these days during identified peak workload hours. 13 EXHIBIT B OBLIGATIONS OF CITY 1. City shall: (a) Provide its own facility, personnel to answer and coordinate incoming business and other non-emergency calls; during after hour periods, when applicable, agencies will provide a recording for its business telephone lines which will inform callers that emergency calls should be directed to "911" and non- emergency, business calls should be made on the following business day. This includes those phones which are positioned outside of Fire Stations to be programmed to 911. Co) Maintain all necessary telephone lines for digital/computer communications between the County and the City fire stations. County shall not be responsible for notifying the City of the need for maintenance. (c) Maintain any additional non-emergency telephone lines (ie., direct hot-lines) in the Communications Center other than those provided in Exhibit A.2(c). (d) The City shall ensure that the radio equipment is operating in an acceptable manner that is free from static, squelch, and interference. (e) Establish a working operational plan upon implementation. Thereafter, the City will work with the County on subsequent operational changes. All changes will be submitted to the County at least 30 days prior to the date the change will be effected. The City and County will work together to determine scope of work and timeline for implementation. Maintain a standardized deployment plan for all stations and apparatus belonging to the City. To establish and maintain this plan, the guidelines used by all other fire agencies in the County will be used. This includes but is not limited to the established standardized method of apparatus deployment, identified station ordering and priority stations. The City agrees that if deviation from the plan is desired, that consultation with the PSC Fire Program Manager will be conducted prior to formalizing any change. 14 StaffReport AGENDA ITEM #$ DATE: TO: FROM: SUBJECT: July 14, 2004 The Honorable Mayor and City Council Marty Van Duyn, Assistant City Manager 2003 - 2004 STREET SLURRY SEAL PROJECT, ENGINEERING FILE NO. 51- 13231-0403; PROJECT NO. ST-03-3; BID NO. 2339 RECOMMENDATION: It is recommended that the City Council, by motion, accept the 2003 - 2004 Street Slurry Seal Project as complete in accordance with the plans and specifications. BACKGROUND/DISCUSSION: The project installed asphalt emulsion (slurry seal) at various City streets. The project's major items of work involve the setting up of traffic controls, the application of the asphalt emulsion (slurry seal coat) and the installation of pavement striping & pavement markings. Attached to this report is the list of streets that received the slurry seal coat. The project has been inspected by City staffand completed in accordance with the plans and specifications. The project has a one-year warranty period, which takes effect upon acceptance by the City Council. Staffwill file a Notice of Completion and release the payment performance bond and retention at the end of the thirty-day lien period. FUNDING: The following is the actual construction cost breakdown: Original Contract Add Change Orders for additional pavement striping Actual Construction Cost $119,420.38 $ 1,784.00 $121,204.38 Staff Report To~ Re: The Honorable Mayor and City Council 2003 - 2004 Street Slurry Seal Project Project No. ST~03-3, Bid No. 2339 Page 2 of 2 Total funding for this project is $131,320.38 and is reflected in the City of South San Francisco's Capital Improvement Program. Sufficient funds are available for this project. By: Assistant City Manager .Approved b~: ~ --t~ichael'A. Wil o~,,~ City Manager Attachments: Slurry Seal Street List & Map GAProjects\\ST-03-3\ Staff Report Acceptance.07-14-2004.doc 2003 - 2004 SLURRY SEAL PROJECT SLURRY SEAL STREET LIST Ttem Street Name Beginning Location Ending Location No. 1 Del Paso Dr Camaritas Ave Del Monte Ave 2 Del Paso Dr Del Monte Ave Indio Dr 3 Del Paso Dr Alta Loma Dr Camaritas Ave 4 Ca ~ay Cir. Arroyo (South) Verano Dr 5 Capay Cir.(Road Split) Verano Dr 105 feet from Arroyo (North) 6 Capay Cir.(Road Split) Verano Dr 105 feet from Arroyo (North) 7 Ca )ay Cir. Road Split Arroyo (North) 8 Indio Dr Arroyo Dr El Campo Dr 9 Newman Dr King Dr klta Mesa Dr 10 Sunnyside Dr Vliller Ave (West) Forestview Dr 11 Sunnyside Dr Forestview Dr Holly Ave. 12 Susie Way North Loop Susie Way North Loop End 13 Susie Way South Loop Susie Way South Loop End 14 Brusco Way Susie Way WiLlow 15 Sandra Court Susie Way End 16 Nora Way Susie Way South Loop End 17 Beverly Court Dolores Wy -'nd 18 Iris Court :orestview Dr End 19 Emerald Court Sunnyside Dr End 20 Clover Circle Sunnyside Dr End 21 Douglas Way Gardenside Ave Holly Ave 22 Palm Ave Orange Ave Magnolia Ave 23 Palm Ave Eucalyptus Ave Orange Ave 24 Orange Ave Park Way Miller Ave 25 Orange Ave Grand Ave Miller Ave 26 Poplar Ave Park Way Palm Ave 27 BuLb-nan Way End of Street End of Street. 28 Reston Ct. King Dr End of Street. 29 Georgetown Ct Greendale Dr End of Street. 30 Brunswick Ct Greendale Dr End of Street. 31 Savannah Ct Greendale Dr End of Street. 32 Kent Way Greendale Dr End of Street. 33 Kent Way Greendale Dr King Dr 34 Haussman Ct Greendale Dr End of Street. 35 Baldwin Hills Ct Greendale Dr End of Street. 36 Bassett Ct Greendale Dr End of Street. 37 Gilbert Ct Greendale Dr End of Street. 38 Chatham Ct Greendale Dr End of Street. 39 Howard Ct Greendale Dr End of Street. 40 Stein Ct Greendale Dr King Dr 41 Radburn Dr. Galway Dr King Dr 42 Rowntree Way Radburn Dr. Gellert Blvd 43 Wren Ct Galway Dr End of Street. 44 Longford Dr Hickey Blvd Serra Vista School (End) 45 Clay Ave ]uniperro Serra Blvd Longford Dr 46 Clay Ave Longford Dr Clay Park (End) 47 Dundee Dr Longford Dr (North) Clay Ave CITY OF SOUTH SAN FRANCISCO LOCATION MAP 2003 - 2004 SLURRY SEAL PROJECT ...... ;.: ....... . .... ......-..v PROJECT NO. ST-03-3, BID NO. 2339 ....... '....:::::::::.....::.. .... ;..:::::.:v.-.-:::~ .......... ".. ...... ;..:':""-.;i! ...... : '~ .......... "~:: :::'" ~'> '}:i '"'i:."~;i ~:"ii::~i::::i.ii:.I ii: ifil!:;! ¥' ':: ......... ....:::: ':'."~ ,i~:. ........ ~..' ...d"": .... :"' ':' "::":':~ ......... ,. "'"?".'*~ '?:::i:~ ::: ':::':}:. ..... ,.. ,...'-?' '?,?.? '?". --. '. ':..'~i::..::?.:' ~.~: "':;::::~.?. ........ .... :-.? :.: ~., · .::.. ' ......... " :::5:'-'"'"" -?' · %:::.. . .......... ~},~........:?'::~ :......,1i.:-~..: ....... -.. FF. ;. i. ..,..? ...~;. ~i !i ..... "'::" ========================== ..,?." "::",. ........... ;! ..': ~ ....'.:::" , '... · ~. ~.., ;'~: ;"":i': :'~; ...'~ .... ~t :." ~:' :. ". ".. : ;'.." :.~;:.' .;.." '--'i~ : .:':~:'" ~:? [.."' ~ "~ .... "'. '~2. "': :~: ~ .... ;! i~,: i i~: ~.:. ':~:::' '"...:...). :..... ?.'7' ..:? ............ :i':':': i'.-~ ~ ':~ ..... ~::'... ",.. '~:ii:~,":,.' .......... ,: ,, ::" ? ,{:: i"" .:'::::':',, ii"'! !"\.:.:'.,.=:5.=..-..:..~.:..,....; i :~ ~.~ ~ }! ': '!:~'" .... , '?: ,'", 4" 2"." .5"' /.." ;..~ ii "..':': ~ i' :':b. : " ., ;~ il '~ :. '.i~::...:! .... "x" .... ~.... .. ~!¢' '.?'-'::.':::.-.....ff ..:'.'" ..'":."' !:.i'.i,.' · .... .... '.b. ' '.::" ::.. .... ~) ."~": :'!' ~. ~!:.:':,::-. ? ...~: "b.. :'.."': .~ ........... ..¢: ...... ?' .... '(", /7 '?7 ...'::~ ::i~:. q' t~ ....... :::. "..?. '!>...:":"..' ~:5" ; ~: ':. "t.~: . :~ ..:::~ .... ~:: ..-"; ':~ :::"" ...::::'" ..~i:: ,.'5~' i."' ::' h' ;..':' .:':::: "k "-. 2:".'~:. ..... · . · '..' '~; :::' ': "::?.:?'::~ '-. ~.¢.' ... ..~ ".. ..-'::.." ~. +. '::.-:-" .::':-".-;.' 4.: ~':' !', ~-. ,..' : [ '.::': .... ;:..--.; "" "':"::: '~' ~ ~ ' ~' ' ' '" ' ~':" ':::ii~ ~ ~ '::':: ~'" '~ ':;' ':: '¥'" '~ :" ""? '"~ .... ::b...:.."::'""::?..?"""':'.::"....:'.:,.. {}~"¢@/.::i;:. .... .(~:: ........ :.::.:. .......... i':'~'"::;::':::::::i;; ............... ?, ~ ..~:.~!':".:'::%~-'~i;. "' .....~i;~ .... ?'"".'~:., ?.:,.';::i:..?"7%.:~ , ~? .,'.7 .ff /;." ~ i \"., '.-'3. "..:'... '".::.. '"L. ..' ::.'"':.'.:::.: "' ....:.::x-......':' ..::..~i:.'::':':;~'ii ".:.:."".:.:?'.::.:.;.:.::;i!;;..'.;:.. ........ ' ...... '"4b.'."....:~). : .....::.:' .:T;:tS".,.? ..~::;; ?-'? .,:~::-"" ,. :::::-:'"...?¢:... :'-. "-.5~ :¢ ".-7'... 'q: .... f'i/ ":'!~"" .:..::::=':::..'~ .' := ii' !'i .'¢:"..':... :'i:" ,:"'":":;2'=::":T'"':'bi":2'.::::... "".. "..:!.. '..."~ i!" .;:.::" ....::'? :.'..: ~.':. '" ..-'? .,.~:::::" ...:r;...'.:.....:.;?'~:;. ;:'25:".:',: .... :::':-,;. ~:~ !! ..... :77 ! ~=; ':.~'.. '~.:?... ".':.'. :h".?'"';:.....:.?:%., ""q':... ': ~i' !:~ ".': '.~;. '..:':::" "?:::,":. i:., ".::::.. '~:."... ':... : ;..:.'".::,.::::: ' ..?' :. ::;..)::~::"' ...:::::.~:.'..~.:,.:"'"' ,::.:'" ...::;'"'.>?.-.:::"' '~.. '5 'q.::. .....,i',':.. '5 .... ::'.;:"::;;..:! i i~ ~i ii :. ~: ':, :'.. .'%:::':'"'"":..' ..... ' .......... "'".:. '"".. '"'"::::5':::...'"'":::..:':::.'::. 4'::: ........... ~\'ii'~ }! ?,:... "":.::)',":': :::r::::.......:?::.:"i,:?ii.: .......... i:ib:":';'....::!:?.~"~ ~ii::':: ::':":'. ':':":' ",,'"'.':-:::'~!-,. .':?:"% '~;;iT~:'!i!~:.'..'i:::2i ...' ...' '..... .-' '... '... '4.. '-'.:. '::.d' . ".~. ".. - '-:::. '"': . "':.. ....--:. ¥: ~': '...." '; '; :..' ..'.~ . t::" :'. ': : : :.'" fi:" '~ ". 'x"..." 2' ;.': "-. ;::'"" .:-~ ~ : ', '~ ~' { StaffReport AGENDA ITEM #6 DATE: July 14, 2004 TO: Honorable Mayor and City Council' FROM: Library Director SUBJECT: RESOLUTION AUTHORIZING THE ACCEPTANCE OF A $10,000 GRANT FROM THE WOODLAWN FOUNDATION TO SUPPORT PROJECT READ PROGRAMMING AND A $7,500 GRANT FROM THE ATKINSON FOUNDATION TO SUPPORT LIBRARY CHILDREN'S SERVICES AND AMENDING OF THE LIBRARY DEPARTMENT'S BUDGET FOR FISCAL YEAR 2004-2005. RECOMMENDATIONS It is recommended that the City Council authorize the acceptance of a $10,000 grant from the Woodlawn Foundation to support Project Read's Learning Wheels project and a grant of $7,500 from Atkinson Foundation to support the Children's Services Reader Leader program, and amend the Library Department's operating budget for fiscal year 2004-2005. BACKGROUND The Woodlawn Foundation has awarded Project Read a $10,000 grant to support the Learning Wheels project. Learning Wheels provides family literacy services in hard-to-reach neighborhoods in North San Mateo County. Programming on Learning Wheels includes free story times, access to interactive educational toys, access to a state of the art computer loaded with kid-friendly software, parenting information, community referrals and free books for children. Learning Wheels serves over 3,000 residents of South San Francisco, Daly City, Pacifica, and San Bruno each year. The Library has been awarded a $7,500 grant from the Atkinson Foundation to support the Children's Services' Reader Leader program at the West Orange and Grand Avenue Libraries. In this program, 6th to 12th graders assist elementary school children in practicing reading skills. The funds will support a part-time coordinator as well as program supplies and promotion. FUNDING: Grant funds received in fiscal year 2004-2005 will be used to amend the Library Department's current budget. Funds not expended at the end of the fiscal year will be carded over to the next fiscal year. Receipt of these funds does not commit the City to ongoing support after the close of the funding By: V~ Valerie Sommer Library Director Michael A. Wilson City Manager Attachment: Resolution RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A $10,000 GRANT FROM THE WOODLAWN FOUNDATION TO SUPPORT PROJECT READ'S LEARNING WHEELS PRQIECI' AND A GRANT OF $7,$00 FROM ATKINSON FOUNDATION TO SUPPORT THE CHILDREN'S SERVICES READER LEADER PROC, RAM AND AMENDING THE 2004-2005 LIBRARY DEPARTMENT'S BUDGET WHEREAS, staff recommends the acceptance of a $10,000 grant from the Woodlawn Foundation to support Project Read's Learning Wheels project and a grant of $7,500 from Atkinson Foundation to support the Children's Services Reader Leader program; and WHEREAS, grant funds received in fiscal year 2004-2005 will be used to amend the Library Department's current budget; and WHEREAS, funds not expended at the end of the fiscal year will be carried over to the next fiscal year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts a $10,000 grant from the Woodlawn Foundation to support Project Read's Learning Wheels project and a grant of $7,500 from Atkinson Foundation to support the Children's Services Reader Leader program and amends the 2004- 2005 Operating Budget to add $17,500 to the Library Department's budget. 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 meeting held on the __ day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: S:\Current Reso's\7 - 14-04library.grant.woodland.res.doc City Clerk DATE: TO: FROM: SUBJECT: July 14, 2004 The Honorable Mayor and City Council John Gibbs, Project Manager CITY OF SOUTH SAN FRANCISCO SAN REHABILITATION AND FLOOD CONTROL MAT:lEO AVENUE STORM RECOMMENDATION: It is recommended that the City Council adopt a resolution awarding the construction contract to Bay Pacific Pipelines, Inc. in the amount of $475,000.00 for a pump station to mitigate the flooding caused by heavy rain and storm drain back up in the San Mateo Avenue area of South San Francisco and approve the purchase of three serf-priming pumps from Thomas and Associates in the amount of $100,000 by the City of South San Francisco. BACKGROUND/DISCUSSION: The areas adjacent to San Mateo Avenue are subject to street flooding and sewer back up during heavy storms. The problem is compounded by subsidence in the area that has sunk some two to three feet over time and causes the storm drain slopes to reverse and allowed storm infiltration into the sewer system due to joint rotation. A modified discharge to Colma Creek will eliminate high tide backing into the storm drain system. The sewer system infiltration will be alleviated by the Wet Weather Program previously approved by City Council and is now under construction and funded via the State Revolving Loan Program. The elimination of flooding in the San Mateo Avenue area requires installation of a reinforced concrete box lift station, gate valve and new pumps. The pumps will be purchased by City of South San Francisco to expedite and meet time line and cost savings. The lift station is similar in design to the Granite Rock Station. Staff Report To~ Re: Date: The Honorable Mayor and City Council City of South San Francisco Lindenville Sewer & Storm Rehabilitation and Flood Control October 22, 2003 Page: 2 of 3 The consulting finn ofWilsey & Ham was retained to design the structure (via change order to Phase I). When the San Mateo County Flood Control District has completed construction of the Colma Creek Project, the City of South San Francisco should no longer have flooding or sewer back up in the area. The ancillary systems that Council approved have proven to be the solution to the satellite flooding problems: 1. Lindenville Granite Rock Lift Station 2. Conference Center, South Airport 3. South Canal, South Maple (not yet approved) 4. San Mateo Lift Station (this staff report) Bay Pacific Pipelines, Inc. has successfully completed projects for the City of South San Francisco over the last 15 years, including the construction of the Granite Rock lift station. Three bid proposals were received as follows: CONTRACTOR AMOUNT Bay Pacific Pipelines, Inc. Novato, CA 94948-1162 $ 478,000 D'Arcy & Harry Construction San Francisco, CA 94124 $ 562,000 Ranger Pipelines Inc. San Francisco, CA 94126 $ 553,000 The following is a cost breakdown for the project budget: Construction Pumps Contingency $478,000.00 $100,000.00 $ 10,000.00 Total $588,000.00 Staff Report To: Re: Date: The Honorable Mayor and City Council City of South San Francisco Lindenville Sewer & Storm Rehabilitation and Flood Control October 22, 2003 Page: 3 of 3 The'Sewer Enterprise Fund and Storm Water Prevention Program will fund this project. Project will be included in the Phase IV of the State Revolving Fund Loan Program. By: · Approved:Mic, c' c~a~ A. Wilson City Manager ATTACHEMENTS: JG/dc Resolution Three (3) Proposals RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RES( )I,l !TI ( )N A\VARDI N(; THE CONSTRI ICTION C()NTRACT T() BAY PACIFIC PIPELINES, INC. IN THE AMOUNT OF $478,000 FOR THE SAN MATEO AVENUE STORM REHABILITATION AND FLOOD CONTROL PRQIECT AND APPROVING THE PURCHASE OF THREE SELF-PRIMING PUMPS FROM THOMAS AND ASSOCIATES IN THE AMOUNT O F $100,000 WHEREAS, staff recommends awarding the construction contract for the San Mateo Avenue Storm Rehabilitation Project to the lowest responsible bidder, Bay Pacific Pipelines, Inc. in the amount of $478,000; and WHEREAS, the Sewer Enterprise Fund and Storm Water Prevention Program will fund this project; and WHEREAS, this project will be included in the Phase IV of the State Revolving Fund Loan Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby awards a construction contract to Bay Pacific Pipelines, Inc. in the amount of $478,000 for the San Mateo Avenue Storm Rehabilitation and Flood Control Project and approves the purchase of the three self-priming pumps from Thomas and Associates in the amount of $100,000. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the contracts on behalf of the City of South San Francisco. .' 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 meeting held on the ~ day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk S:\Cun'ent Reso's\7-14-041irt.station.res.doc 07/09/2004 12:10 FAX RANGER PIPELINES INC. July 9, 2004 To: The City of South San Francisco Attn: John Gibbs Re: San Marco Ave Stormwaier Pump Station GENERAl. ENGINEERING CONTRACTORS LICENSE NU_,¥IBER al 7996 Gentlemen, We are prepared to offer you our lump stun price of $553,000.00 for the above mentioned project in accordance with the plans and specitSeations dated July 2004. If you have any questions please call me at (415) 822 3700 Sinccrley, Thomas ltunt P.O. BOX 24109 · 1296 ARMSTRONG AVENLrE - SAN FRANCISCO? CA 94124 TEL. (415) 822-370~}- FAX (4!5) 822-3703 Bay Pacific Pipelines Inc. P.O. Box 1162 Novato, CA 94948-1162 Tel: 415 897-6958 Fax: 41~; 89?4409 ";'004 Mt. John Oibbs, Public Wozks Director City of South San Fran~oo 315 Maple Avenue South San Fmn~eo, CA 940~0 PROPOSAL Bay Pacific Pipelines [nc, offers the following proposal: Construction of Pump Station and a~sociated piFi~ for the San Mateo Avenue Storm water Pmnp Station for the lump san price of $47%000.00, Sincerely, Eugene, V.P. Bay Pacific Pipelines Inc. ~..---.-~,1 09 O4 lO:3~a DRRCY HBRTY 415 8220747 D'ARcY & HARTY CONSTRUCTION, INC. July 9th, 2004 City of South San Francisco P.O. Box 711 South San Francisco, CA 94080 Atto Mr John Gibbs Fax (650) 829-6665 Director of Public Works PROPOSAL San Mateo Ave Stormwater Pump Station We propose to perform the work as omlined in the plans and specifications dated July 2004 For the lump sum price o£ $562,000.00 ( Five Hundred and Six~ TwoThousand dollars) The work includes: (a) Excavation (b) Shoring (c) Structural concrct¢ (d) Mechanical work (e) Piping Please cal~t£~0vg3a,,nv questions Mic~ 1300 Carroll Avenue [] San Francisco, CA 94124 USA m 415/822-5200 Fax 415/822-0747 CA License #-474146 StaffReport DATE: TO: FROM: SUBJECT: July 14, 2004 Honorable Mayor and City Council Barry Nagel, Assistant City Manager CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND SAFGI, INC. RECOMMENDATION: It is recommended that the City Council adopt a resolution authorizing the City Manager to execute a consulting services agreement between the City of South San Francisco and SAFGI, Inc., for the Wet Weather Program and Oyster Point Grade Separation Project. BACKGROUND/DISCUSSION: The City is proceeding with two major capital improvement projects: Wet Weather Project Phases 1, 2 and 3, and the Oyster Point Grade Separation Project. Adoption of the attached resolution will authorize the City Manager to execute a Consulting Services Agreement with SAFGI, Inc., in a sum not to exceed $400,000. The term of the Agreement shall begin on the effective date and shall end on July 1, 2006. FUNDING: Sufficient funds for this agreement are included in the current Capital Improvement Program Budget. ~t~'d'l~M. ~',Iag e_l Assistant City Approved: Michael~/~A. Wils~ City Manager Attachments: 1. Resolution 2. Consulting Services Agreement RES OLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING A CONSULTANT SERVICES AGREEMENT WITH SAFGI, INC., FOR THE WET WEATHER PROGRAM AND OYSTER POINT GRADE SEPARATION PROJECT WHEREAS, staff recommends the City enter into a consultant services agreement with SAFGI, Inc., for the Wet Weather Program and Oyster Point Grade Separation Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes a consultant services agreement with SAFGI, Inc., for the Wet Weather Program and Oyster Point Grade Separation Project. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf of the City of South San Francisco. 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 meeting held on the __ day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk S :\Current Reso's\7-14-04gibbbs. agree.doc CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND SAFGI Inc. THIS AGREEMENT for consulting services is made by and between the City of South San Francisco ("City") and SAFGI Inc., ("Consultant") (together sometimes referred to as the "Parties") as of July 1, 2004 (the "Effective Date"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of. Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on July 1, 2006, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of serviceS pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $400,000.00, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall Consulting Services Agreement between SAFGI Inc. and City of South San Francisco July 1, 2004 Page 1 of 14 submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. [NOTE TO STAFF: THE FOLLOWING PROVISIONS OF THIS SECTION MAY BE ALTERED AS NECESSARY TO FIT THE CIRCUMSTANCES OF A PARTICULAR AGREEMENT.] 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: · Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; · The beginning and ending dates of the billing period; · A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the pementage of completion; · At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; · The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; · The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. Consulting Services Agreement between SAFGI Inc. and City of South San Francisco July 1, 2004 Page 2 of 14 2,4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2,5 Hourly Fees, Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the following fee schedule: 2,6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed $400,000.00. Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2,9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and Consulting Services Agreement between SAFGI Inc. and City of South San Francisco July 1, 2004 Page 3 of 14 amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit B, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4,1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commemial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coveraqe. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Consulting Services Agreement between SAFGI Inc. and City of South San Francisco July 1, 2004 Page 4 of 14 4.3 4.4 Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: The retroactive date of the policy must be shown and must be before the date of the Agreement. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commemially available at reasonable rates. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exemise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. All Policies Requirements. Consulting Services Agreement between SAFGI Inc. and City of South San Francisco July 1, 2004 Page 5 of 14 4.4.1 4.4.2 4.4.3 4.4.4 4.4.5 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Verification of coveraqe. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and cedified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not-be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim Consulting Services Agreement between SAFGI Inc. and City of South San Francisco July 1, 2004 Page 6 of 14 administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: · Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or · Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been Consulting Services Agreement between SAFGI Inc. and City of South San Francisco July 1, 2004 Page 7 of 14 determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Aqent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Requlations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistanCe program. Consulting Services Agreement between SAFGI Inc. and City of South San Francisco July 1, 2004 Page 8 of 14 7.4 7.5 Section 8. 8.1 8.2 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. TERMINATION AND MODIFICATION. Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services ' performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no Consulting Services Agreement between SAFGI Inc. and City of South San Francisco July 1,2004 Page 9 of 14 8.3 8.4 8.5 8.6 Section 9. 9.1 obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. Amendments. The parties may amend this Agreement only by a writing signed by all the parties. Assignment and SUbcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. KEEPING AND STATUS OF RECORDS. Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described Consulting Services Agreement between SAFGI Inc. and City of South San Francisco July 1, 2004 Page 10 of 14 above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the First District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. Consulting Services Agreement between SAFGI Inc. and City of South San Francisco July 1,2004 Page 11 of 14 10.5 10.6 10.7 10.8 10.9 10.10 Successors and Assiqns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code {}1090 et. seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. Notices. Any written notice to Consultant shall be sent to: SAFGI Inc. Attn: John Gibbs 2A Monson Lane Lafayette, CA 94549 Phone (925) 385-1643 Cell (650) 619-8872 Consulting Services Agreement between SAFGI Inc. and City of South San Francisco July 1,2004 Page 12 of 14 10.11 Any written notice to City shall be sent to: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 10.13 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Consulting Services Agreement between SAFGI Inc. and City of South San Francisco July 1,2004 Page 13 of 14 The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO CONSULTANT Michael A. Wilson, City Manager Attest: Name: Title: Sylvia Payne, City Clerk Approved as to Form: Steven T. Mattas, City Attorney Consulting Services Agreement between SAFGI Inc. and City of South San Francisco July 1, 2004 Page 14 of 14 EXHIBIT A SCOPE OF SERVICES Provide support services to the City of South San Francisco for projects and programs, consulting services and project management, project budgets and funding, scheduling for the Wet Weather Project for Phases 1, 2, 3 and the Oyster Point Grade Separation Project. SAFGI Inc. Consulting Services 2A Uonson Lane Lafayette, CA 94549 Hourly rate for staff: Principal (John Gibbs) $145.00 Consulting Services Agreement between City of South San Francisco and SAFGI Inc.- Exhibit A July 1, 2004 Page 1 of 1 EXHIBIT B INSURANCE CERTIFICATES Consulting Services Agreement between City of South San Francisco and SAFGI Inc.- Exhibit B July 1, 2004 Page 1 of 1 Staff Report AGENDA ITEM #9 DATE: July 14, 2004 TO: Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: E1 Camino Real Emergency Sewer Line Repair RECOMMENDATION It is recommended that the Council, adopt a resolution to award an emergency repair purchase to Pacific Liners Inc, that includes repair of two hundred feet of six inch sewer line that services businesses from 1200 El Camino Real to 1st Street, amending the 2003-04 Budget and appropriating $12,800 from the Sewer Enterprise Fund to accomplish the work. BACKGROUND/DIS CUS SION The six inch sewer line that services businesses on the east side of the E1 Camino Real between 1st and 2nd Streets has had two failures this past year. A contractor was hired in April to replace ten feet of the line mud now it has broken in yet another segment. Maintenance staffhad televised the line and found that it has numerous cracks in it along the 200' length. In fear that it would fully collapse stalfbrought in a company that could install a lining within the pipe to insure its stability, rather than dig it up once again. The slip lining would be quicker, less intrusive, and be a permanent solution. Pacific liners, a company that staff has used in the past for emergency repairs, was contacted and asked to perform the work. Work was completed between June 19 and 22. FUNDING Funding for this work will come from the Sewer Enterprise Fund. CONCLUSION Due to the condition of the pipe, and the availability of the contractor, the work needed to proceed as quickly as possible to expedite the repair, eliminate further blockages, and prevent spillage. Other options would have cost three times as much and would have taken longer to complete. The work was accomplished by the Contractor through a joint effort of the Maintenance Services and Engineering staffmembers. By: Terry White/] Approve: Director of ~(blic Works Michael A. Wilson City Manager Llners Pipoline Rebabilitgtio, CUSTOMER #: 0115 iNVOICE #: 'J 021 INVOICE DATE: 06130104 DUE DATE: 07/30/04 BILL TO: CITY OF SOUTH SAN FRANCISCO 550 NO. CANAL SOUTH SAN FRAN., CA 94080 {=_ ...... DESCRIPTION ...... Line 230 LF or' 6" VCP JOB: 1021AL P.O. Box 771 550 North Canal So Sari Francisco, CA 94083 Project #: - P.O. #: QUANTITY 1,00LS PRICE 12800. OOO / LS NET DUE: 12.800. O0 12.800.00 J.F.Pacific Liners, Inc. 70 Union Way Vacavilie, CA 95687 (707) 446-8222 Fax (707)'44T-3361 Overdue accounts will be cha~ed a late payment fee of 1.5% per month or to the extent of the law RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING AN EMERGENCY REPAIR TO PACIFIC LINERS INC., FOR REPAIR OF TWO HUNDRED FEET OF SIX INCH SEWER LINE AND AMENDING THE 2003-04 OPERATING BUDGET AND APPROPRIATING $12,800 FROM THE SEWER ENTERPRISE FUND TO ACCOMPLISH THE WORK WHEREAS, staff recommends awarding an emergency repair contract to Pacific Liners Inc., for repair of two hundred feet of six inch sewer line and amending the 2003-04 Operating Budget and appropriating $12,800 from the Sewer Enterprise Fund to accomplish the work. WHEREAS, funding for this work will come from the Sewer Enterprise Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby awards an emergency repair contract to Pacific Liners Inc., for repair of two hundred feet of six inch sewer line and amends the 2003-04 Operating Budget and appropriates $12,800 from the Sewer Enterprise Fund to accomplish the work. 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 meeting held on the ~ day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: S:\Current Reso's\7-14-04el.camino.real.emergency.sewer.repair.res-doc City Clerk StaffReport AGENDA ITEM #10 DATE: July 14, 2004 TO: Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: Colma Creek Sewer Line Replacement RECOMMENDATION It is recommended that the Council, adopt a resolution to award a purchase contract to Northwest Construction Inc, that includes replacement of 120 feet of twelve inch sewer line that crosses below Colma Creek amending the 2004-05 Budget and appropriating $26,200 from the Sewer Enterprise Fund to accomplish the work. BACKGROUND/DIS CUS SION The twelve inch sewer line that services businesses on the south side of the Colma Creek, immediately downstream of the South Linden bridge, has been found to be in disrepair as part of the current creek renovations. Northwest Construction, the contractor working for the San Mateo County Flood Control District, uncovered a portion of the line and brought to our attention the potential problems. We investigated the condition of the pipe and found that it has undergone past repairs. Given its location under the creek bed, and due to its poor condition, the probability of failure is high and the difficulty factor in replacing it after the creek bed is lined would be great. Staff is opting to replace the line at this time to insure its service and avoid any spills. Since the contractor is working in the immediate area, costs are reduced as move in, site survey, insurances, equipment, and manpower is on the site, therefore reducing costs considerably. FUNDING Funding for this work will come from the Sewer Enterprise Fund. CONCLUSION Due to the condition of the pipe, and the availability/location of the contractor, and working in concert with the County staff, this is the appropriate time to replace this section ~) Terry White ( } Michael A. Wilson Director of Pu'b~lic Works . City Manager NORTHWEST CONSTRUCTION Liccn~v//?'767'~ 1 2!t.r:i,~game, CA 94010 Tel. (650) 401-2294 Fax ~BSO) 40!-2295 June 10, 2004 CiW of South San City Hall Annex 315 Maple Ave PO Box 711 SO. San Francico, CA 94083 Attention: Bob Hahn Contract: Colmn Creek Channel Improvement.,; Subject: Replace existing Sewer Line ~ Linden Ave Bridge with 14" PEP Dear Bob, 'l'k' °;Eo~fa:g Lmnp Sum lhi,z ia subr, fittc, d by Nc,¢,hW~st Construction 5:0 replace the exis-.ing 12" VCP se'~cr with !4", EP ,'<,m thc ~.nanhoic on 'cbc msi-tb, side of the creek to a poir~t 15' North ol'the manhole, at thc Ol.ympia~ station (see attached sl.'.etcb,x.. Lump Sum Price = $26..200.00 The above price is broken down asJb!low.s: DESCRIIDTION .,~ AMOUNT Labor C0,s,t. Break out existing cor~erete encasement ,3,buO per day Excavate and Install Pipe 3 days for Crew ~/; ::;3:3 '~(' ~1' dr'.5' $ 7,200.00 $ 9,900.00 ,, 12~ ' t- cF 14" ?,DR" ..... Drain Rock Concrete for Encasemcnt Dump '~'" Fusion machine and technician 5 2,750,00 $ 240.00 $ i,500,00 $ 800.00 NORTHWEST General License #7767 533 Air~o~ Boulevard, #400 Burling~me, CA 94010 Tel.(650) 401-2294 Fax (650) 401-2295 SUB TOTAL $ 22,790.00 15% OH + P $ 3.418_._5_0_ TOTAL $ 26,208.50 If you have any qucstions regarding the above please con'tact me at (415) 559 1592. Sincerely, Northwest Construction Noel McCaxthy Project Engineer RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING A PURCHASE CONTRACT TO NORTHWEST CONSTRUCTION INC. THAT INCLUDES REPLACEMENT OF 120 FEET OF TWELVE INCH SEWER LINE THAT CROSSES BELOW COLMA CREEK, AND AMENDING THE 2004.-05 OPERATING BUDGET AND APPROPRIATING $26,200 FROM THE SEWER ENTERPRISE FUND TO ACCOMPLISH THE WORK WHEREAS, staff recommends awarding a purchase contract to Northwest Construction Inc. that includes replacement of 120 feet of twelve inch sewer line that crosses below Colma Creek, and amending the 2004-05 Operating Budget and appropriating $26,200 from the Sewer Enterprise Fund to accomplish the work; and WHEREAS, funding for this work will come from the Sewer Enterprise Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council awards a purchase contract to Northwest Construction Inc. that includes replacement of 120 feet of twelve inch sewer line that crosses below Colma Creek, and amends the 2004-05 Operating Budget and appropriates $26,200 from the Sewer Enterprise Fund to accomplish the work. 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 meeting held on the ~ day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: S:\Current Reso's\7o 14-04colma.creek.line.replacement.res-doc City Clerk DATE: July 14, 2004 TO: Honorable Mayor and City Council FROM: Sharon Ranals, Director of Recreation and Community Services SUBJECT: Resolution Authorizing Purchase of Sculptures Entitled "Pair of Tall Cranes" for the Intersection of Junipero Serra and Hickey Boulevards RECOMMENDATION: It is recommended that the City Council adopt a resolution authorizing the purchase of sculptures entitled "Pair of Tall Cranes". The sculptures are to be installed in the larger of the two islands at Junipero Serra and Hickey Boulevards, at a total cost of $4,000. BACKGROUND/DISCUSSION: The Cultural Arts Commission voted at their regular meeting on June 17, 2004 to recommend purchase of two bronze sculptures entitled "Pair of Tall Cranes" for installation on an island at Junipero Serra and Hickey Boulevards. The taller of the two cranes is 69 V2 inches high. They are offered through a catalog company, the Frontgate Outdoor Sourcebook, 2004 Guide to Fine Outdoor Furnishings. These pieces could be described as art reproductions rather than signed bronze castings of a limited edition, as previous bronze sculptures that have been purchased by the city have been. They are designed to be placed in a fountain, and are equipped with tubing inside for water to spout out the bird's mouths. However, the Commission feels that they are affordable and attractive, and even without a fountain element would add visual interest to the intersection. The Commission was initially interested in placing the pieces on the smaller of the two islands. However, based on a number of factors including the history of cars going up over the smaller island, the availability of metered electricity on the larger median, and input from the Police Department, the recommendation is to install the pieces on the larger island, which is on the northeast side of the intersection. The Commission was responsive to the concern of maintenance staff that to install an actual pond with water and a circulating pump would be an ongoing maintenance issue. The pieces would be lighted at night, and placed in a landscaped setting that would emulate the appearance of a pond using rocks and grasses. Installation will be done by city crews in such a way as to allow for incorporation of the pieces into a pond should this be decided in the furore. Staff Report To: Honorable Mayor and City Council Subject: Recommendation for Sculpture Purchase Date: July 14, 2004 Page 2 The sculptures will take 4 to 6 weeks to arrive. Staff hopes to have them installed by the end of the summer, depending upon the work load of city crews. FUNDING: The cost to purchase the pair is $2,950 including shipping; the estimated cost for installation is $1,000, to include rock and concrete, plant material, and lighting fixtures. There are sufficient funds in the 2004/05 operating budget to fund the purchase and installation of the pieces. Sharon Ranals Director of Recreation and Community Services Approved: Michael A. Wilson City Manager Attachments: 1. Resolution 2. Pair of Tall Cranes RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE PURCHASE OF SCULPTURES ENTITLED "PAIR OF TAI J. CRANES" WHEREAS, staff desire the purchase of sculptures entitled "Pair of Tall Cranes"; and WHEREAS, the sculptures are to be installed in the larger of the two islands at Junipero Serra and Hickey Boulevards, at a total cost of $4,000; and WHEREAS, the Cultural Arts Commission voted at their regular meeting on June 17, 2004 to recommend purchase of two bronze sculptures entitled "Pair of Tall Cranes"; and WHEREAS, the cost to purchase the pair is $2,950 including shipping; the estimated cost for installation is $1,000, to include rock and concrete, plant material, and lighting fixtures; and WHEREAS, there are sufficient funds in the 2004-05 Operating Budget to fund the purchase and installation of the pieces. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council authorizes the purchase of sculptures entitled "Pair of Tall Cranes." * * * * I here, by certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the __ day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk S:\Current Rcso's\7-14-04Pair.of. tall.cranes .res.doc Larger Island on Junipero Serra at Hickey Blvd. "Pair of Tall Cranes" AGENDA ITEM #12 DATE: TO: FROM: SUBJECT: July 14, 2004 Honorable Mayor and City Council Sharon Ranals, Director of Recreation and Community Services Resolution Supporting the Application to the Metropolitan Transportation Commission for the Transportation for Livable Communities Capital Grant for Construction of a Segment of the Linear Park RECOMMENDATION: It is recommended that the City Council adopt a resolution supporting a grant application to the Metropolitan Transportation Commission (MTC) for the Transportation for Livable Communities (TLC) Capital Program, Cycle 1, FY 2004-05 for construction of a segment of the proposed Linear Park. BACKGROUNDfDISCUSSION: The concept of a "bikeway" has been developed in conjunction with the extension of BART service to Millbrae, and the creation of a swath of open space on top of and adjacent to the underground BART tube and stations. The South San Francisco portion of the bikeway has been expanded to a Linear Park, which would include recreational and landscape amenities. The Linear Park has been included in the city's long-term planning efforts and General Plan. The MTC has issued a call for projects for the Transportation for Livable Communities (TLC)' Capital Program. Applications are due by July 16, 2004. The purpose of TLC is to support community-based transportation projects that "bring new vibrancy to downtown areas, commercial cores, neighborhoods, and transit corridors, enhancing their amenities and ambiance and making them places where people want to live, work and visit." The Linear Park project is very appropriate for this program. The City Council may recall that the city successfully applied to the MTC for a planning grant in 2001, and received an award of $75,000 to fund the development of the Linear Park Master Plan. The Master Plan was approved in March of 2003, and continues to be refined based on land use developments, and agency and community needs. Staff Report To: Honorable Mayor and City Council Subject: MTC Capital Grant Application Date: July 14, 2004 Page 2 The Capital Program is "part two" in the MTC's grant program, designed for the actual construction of developed proposals. The intent of the grant program is to make possible quality of life amenities that soften the impacts of higher density land use, which the MTC supports to accomplish transportation efficiencies. The MTC emphasizes linkages, connectivity, partnerships between agencies, multi-city benefits, and places great value in evaluating project merit on public process and ample outreach and community input. The Linear Park project relates land use with transportation, and particularly in light of the fact that the Master Plan was funded by the MTC's planning grant, the project has a good chance of receiving some funding. An additional criteria for ranking projects is for the applicant to have a proven track record of delivering funded outcomes, which the city has. FUNDING: The total projected cost of the 2.85 mile Linear Park is estimated at $6.5 million. Grant requests may be fi:om $500,000 to $3 million, but a match of 11.5% must be offered. Larger requests may have less chance of being approved. Staff is in discussions with BART and SamTrans to identify a mutually agreeable section of the entire alignment. The grant request amount will be determined based on the cost estimates for the agreed-upon section, as well as the availability of matching funds. It is anticipated that the request will be between $1.5 and $2 million. Sharon Ranals Director of Recreation and Community Services Approved: Michael A. Wilson City Manager Attachment: Resolution RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION SUPPORTING A GRANT APPLICATION TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE TRANSPORTATION FOR LIVABLE COMMUNITIES CAPITAL PROGRAM, CYCLE 1, FISCAL YEAR 2004-05 FOR CONSTRUCTION OF A SEGMENT OF THE PROPOSED LINEAR PARK WHEREAS, staff recommends the support of a grant application to the Metropolitan Transportation Commission for the Transportation for Livable Communities Capital Program, Cycle 1, fiscal year 2004-05 for construction of a segment of the proposed Linear Park; and WHEREAS, the total projected cost of the 2.85 mile Linear Park is estimated at $6.5 million; and WHEREAS, grant request maybe fi:om $500,000 to $3 million, but a match ofl 1.5% must be offered; and WHEREAS, staff is in discussions with BART and SamTrans to identify a mutually agreeable section of the entire alignment; and WHEREAS, the grant request amount will be determined based on the cost estimates of the agreed-upon section, as well as the availability of matching funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council supports a grant application to the Metropolitan Transportation Commission for the Transportation for Livable Communities Capital Program, Cycle 1, fiscal year 2004-05 for construction of a segment of the proposed Linear Park. * * * * 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 meeting held on the __ day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk S :\Current Reso's\7-14-04MTC.res.doc Staff Report AGENDA ITEM #14 DATE: TO: FROM: SUBJECT: July 14, 2004 The Honorable Mayor and City Council Terry White, Director of Public Works STORMWATER MANAGEMENT PROGRAM RATE STRUCTURE FOR FY 2004-2005 RECOMMENDATION: It is recommended that the City Council conduct a Public Hearing and adopt a resolution establishing Stormwater Management Program charges for the 2004-2005 fiscal year. It is also recommended that Council adopt the Finance Director's Report of FY 2004-2005 Stonrtwater Management Service Fees. BACKGROUND/DISCUSSION: Introduction The 2004-2005 Fiscal Year marks the twelfth year of South San Francisco's participation in the Stormwater Pollution Prevention Program mandated by Federal and State Governments. The current program fee structure was adopted by Council on July 19, 1995, and represents an equitable distribution of costs taking into consideration the size and use of the parcel, and the estimated amount ofstormwater runoff generated by the parcel. This fee calculation strategy is similar to the process used by other stormwater management programs, including the San Mateo County General Program. By direction of the City Council, stormwater program charges are to be adjusted so as not to exceed actual program expenses. The proposed stormwater program charges herein were developed in response to Council's direction and are the same charges as the prior year. Regulations The Environmental Protection Agency, under amendments to the 1987 Clean Water Act, imposed regulations that mandated local government to control and reduce stonnwater pollution runoff. The framework for regulating stormwater discharges is through a National Pollution Discharge Elimination System Permit (NPDES). The permit is implemented and enforced by the State Water Resources Control Board through its regional agency. Staff Report TO: RE: DATE: The Honorable Mayor and City Council Stormwater Management Program Rate Structure for Fiscal Year 2004-2005 July 14, 2004 PAGE: 2 of 4 South San Francisco, in cooperation with the other jurisdictions in San Mateo County, jointly reapplied for their Municipal Stormwater NPDES Pen'nit on March 18, 1998. A requirement of the NPDES permit was the development of a five-year action plan, known as the Stormwater Management Plan. The Plan covers the period from July 1998 through June 2003 to prevent and control stormwater pollution in San Mateo County. STOPPP's initial Stormwater Management Plan covered the previous five-year period. The Stormwater Management Plan (SWMP) contains two-year work plans with budgets that describe in more detail how the General Program's portion of the five-year SWMP will be completed. The two-year work plans and budgets will be updated annually to include the subsequent fiscal year and submitted to the San Francisco Bay Regional Water Quality Control Board (Regional Board) each March. The SWMP also contains detailed performance standards that identify what each of the member agencies is committed to do to control stormwater pollutants from the storm drains and conveyance systems that it owns and/or operates. STOPPP will review these performance standards every two years and revise them as needed. New and modified performance standards will be incorporated following the approval process described in the reissued NPDES permit. Examples of General Program responsibilities include: · Coordinating the overall program efforts' Submitting consolidated quarterly, semi-annually, and annual reports to the Regional Water Quality Control Board; · Develop and sponsor training workshops; · Develop educational/informational materials for dissemination within jurisdictions. Examples of City Specific Program activities include: · Street sweeping, storm drain cleaning, and other maintenance-related activities that may have an impact on stormwater quality; · To minimize or eliminate potential stormwater pollution sources at commercial and industrial facilities through inspection and educational outreach activities, and to effectively prohibit illicit discharges (such as oil, paint, or soapy washwate0 to the municipalities' storm drain systems; · Educating the public about the differences between the sanitary sewer and storm drain systems and the causes of stormwater pollution in order to encourage residents to adopt less polluting and more environmentally beneficial practices; · Prohibiting non-stormwater discharges from construction sites, reducing stormwater pollutant discharges from new development and construction activities to the maximum extent practicable, and requiring compliance with stormwater Best Management Practices (BMP's) and erosion/sedimentation control at construction sites; Staff Report TO: RE: DATE: The Honorable Mayor and City Council Stormwater Management Program Rate Structure for Fiscal Year 2004-2005 July 14, 2004 PAGE: 3 of 4 Identifying effective BMP's and developing tools and analyzing information needed to identify and help solve creek drainage basin-specific water quality and beneficial use impairment problems. Fiscal Year 2003-2004 Program Accomplishments Some of South San Francisco's 2003-2004 Program accomplishments are listed below: · Responded to 18 various spills or illicit discharges (i.e. paint, oil, fuel, or concrete materials) that could enter into the storm drains; · Reviewed several building and construction plans and prepared written comments requesting incorporation of stormwater pollution prevention measures and post construction measures; · SSF Staff participated with the San Mateo Countywide Stormwater Program in staffing the booth at the San Mateo County Fair which was held August 2003; · On September 20, 2003, the City of South San Francisco's Stormwater Program along with the Water Quality Control Plant participated in the City's Annual Day in the Park. · On Saturday, October 04, 2003, the City of South San Francisco's Beautification Committee sponsored a Creek Clean-Up Event at our new site behind Utah and Littlefield Aves. This was a two-hour event with approximately 80 staff and community people picking up debris and trash. · On April 22-3 2004, the Environmental Staff participated in the Bay area Earth Day Event. Staff held a Mercury Thermometer Exchange at the Municipal Services Building. From 11 am to 2 pm staff exchanged approximately 217 mercury thermometers for a Digital Thermometer. · The Office of Environmental Compliance is continuing its School Outreach Program to the 3-4th grade students and with the High School students. SUMMARY The proposed program budget for fiscal year 2004-2005 is $694,753. Funding will be provided from program service fees and carry-over funds from the previous fiscal year. A breakdown of programs' fees according to classification type can be seen in Exhibit A. This assessment is collected by the San Mateo County Assessor via property tax billings as in the previous year. The deadline to place the stormwater program assessment on the tax rolls is August 5, 2004. Staff Report TO: RE: DATE: The Honorable Mayor and City Council Stormwater Management Program Rate Structure for Fiscal Year 2004-2005 July 14, 2004 PAGE: 4 of 4 B Terry White~ Director of Public Works Michael A. Wilson City Manager ATTACHMENTS: Resolution Approving Stormwater Management Service Charges Resolution adopting Report of Stormwater Management Services Fees for Fiscal Year 2004-2005 Exhibit "A" Program Fees RIt/TW CLERK'S STATEMENT I, Sylvia M. Payne, City Clerk of the City of South San Francisco, a municipal corporation, do hereby certify that the foregoing report was adopted by the City Council on the __ day of ,2004 by Resolution No. __ REPORT OF STORMWATER MANAGEMENT SERVICES CHARGES FOR 2003-2004 IN ACCORDANCE WITH CHAPTER 14.04 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE In accordance with Chapter 14.04 of the South San Francisco Municipal Code, the following report prepared as of June 08, 2004 is submitted. This report describes the procedure for charging those parcels of real property, which receive benefits ofstormwater system services, and the amount of the annual charge, which will be imposed against each parcel for Fiscal Year 2004-2005. 1. Summary of Charges All single-family residential properties $122,164 All multi-family residential properties (Including duplexes) $ 56,392 All commercial/industrial $209,420 Parking lots $ 11,064 Vacant $ 7,101 Total $406,142 This report refers to and incorporates by reference the report entitled "Notice of Proposed City of South San Francisco Stormwater Management Program Rate Structure" for Fiscal Year 2004-2005 prepared by and on file in the Office of the Environmental Compliance Coordinator. That report summarizes the 2004-2005 charges that will be proposed by the City Council on July 14, 2004. Upon adoption of the proposed charges, or amendments thereto, a report entitled "City of South San Francisco Stormwater System Charges," prepared by Engineering Data Services, Los Altos, California will be completed; it will describe the amount of annual charge imposed against each parcel, by Assessor's Parcel Number, for fiscal year 2004-2005. All of these documents, including this report, shall be filed with the County Tax Collector or Auditor. Accompanying the filing of this report, shall be the Clerk's endorsement .that the report has been duly adopted by the City Council. Dated: J~. teele - Director of Finance EXHIBIT "A" TO RESOLUTION NO. PUBLIC HEARING NOTICE OF PROPOSED CHARGES FOR 2004-2005 CITY OF SOUTH SAN FRANCISCO STORMWATER MANAGEMENT PROGRAM FEES NOTICE IS HEREBY GIVEN that the City Council of the City of South San Francisco on Wednesday, July 14, 2004, at 7:30 p.m. in the City Council Chambers, Municipal Services Building, 33 Arroyo Drive, South San Francisco, California, will consider the adoption of Stormwater Management Program Fees for Fiscal Year 2004-2005 pursuant to Chapter 14.04 of the South San Francisco Municipal Code, and any, and all interested persons may appear and be heard thereon. The following formula, proposed for adoption, shall be used to calculate stormwater service fees for each parcel: PARCEL SIZE + BASE THRESHOLD x EDU = (sq. footage) (average sq. ft. of single RATE family dwelling) (per class) [ number of EDU's] ANNUAL SERVICE FEE Sample Fees per Classification: Type of Parcels Annual Rate Single Family Residential 5,400 sq.ft. + 5,352 sq.ft. (base) x [ 1 EDUI $8.72 8.72 Multi-Family Residential 10,700 sq.ft. + 5,352 sq.ft. (base) x $17.42 = 1 2 EDU's] Commercial/Industrial (a) 20,000 sq.ft + 5,352 sq.ft. (base) x $17.86 = [ 3.73 EDU's] $ 34.84 $ 66.74 (b) 43,560 sq.ft. (1 acre) + 5,352 sq.ft. (base) x $17.86 = 18.13 EDU's] $ 145.36 Vacant 10,000 sq.ft. + 5,352 sq.ft. (base) x $1.74 [2 EDU's] $ 3.26 Parking Lots 10,000 sq. ft. + 5,352 sq. ft. (base) x $26.14 = $ 48.84 The actual per parcel Stormwater Program Fees scheduled for adoption will be available for review in the City Clerk's Office. Questions concerning Stormwater Program Fees should be directed to the Environmental Compliance Coordinator, Water Quality Control Division, Department of Maintenance Services (650) 877-8634. Date: Sylvia Payne City Clerk City of South San Francisco RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING A I:ItSPORT OF STROMWATER MANAGEMENT SERVICES FEES FOR FISCAL YEAR 2004-2005 PURSUANT TO SOUTH SAN FRANCISCO MUNICIPAL CODE SECTION 14.04.110 WHEREAS, the City Council has given notice and on July 14, 2004, held a public hearing as required by law on the subject stormwater rates; and WHEREAS, the rates imposed and reflected in the Report of Stormwater Management Services Fees for Fiscal Year 2004-2005 are the same as the unit rates imposed in Fiscal Year 2003-2004. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes by a minimum two-thirds vote, hereby adopts the Report of Stormwater Management Services Fees for Fiscal Year 2004-2005, and directs that the rates so established shall be collected on the official tax assessment roll, together with real property taxes, and that the amount shall constitute liens upon the properties which shall be effective at the time and to the same extent as is provided for by law in the case of real property taxes, with like penalties for delinquencies. 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 meeting held on the __ day of ., 2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\Current Reso s\7-14-04stromwater.res.doc ATTEST: City Clerk DATE: TO: FROM: SUBJECT: July 14, 2004 Honorable Mayor and City Council Jim Steele, Director of Finance Proposed Sewer Service Rate Increases for 2004-05 through 2008-09 and Report of Annual Sewer Rentals or Charges for 2004-05. RECOMMENDATION: It is recommended that the City Council: (1) Conduct a public hearing; (2) Tabulate formal written protests. 13,774 letters were sent out to parcel owners, and if fewer than half (6,888 parcel owners) protest, staff recommends Council adopt the Resolution approving a 25% increase for sewer rates effective FY 2004-05 and increases of up to 9% annually for 2005- 06, 2006-07, 2007-08, and 2008-09; (3) Amend the Master Fee Schedule to include the rates; and (4) Adopt a Report of Annual Sewer Rentals or Charges for 2004-05. BACKGROUND/DISCUSSION: Sewer Service Charges On March 17, 2004, the City Council reviewed a proposed sewer service rate increase of 25% for FY 2004-05 and projected rate increases of up to 9% per year for each of the following four years through 2008-09. The rate increases are needed in order to finance improvements to the City's sewer collection, pumping and treatment facilities. The improvements are necessary to comply with State and Federal water quality requirements, to reduce the overflow of raw sewage during the wet weather season and to provide additional capacity at the City's facilities. The improvements include rehabilitation of sewer collection lines, upgrades to pump stations and upgrades to the treatment plant. The City's sewer system includes gravity collection lines (pipes in the street), pump stations, a treatment plant and a disposal system. Since 1997, the City has been under a Cease and Desist order from the San Francisco Regional Water Quality Control Board to upgrade its facilities in order to improve the environmental quality of the San Francisco Bay. Since 2000, the City has made changes to the plant and operations in compliance with Federal and State clean water programs to protect the Bay. The wastewater treatment plant work has been completed, its capacity increased from 9 million gallons to 13 million gallons per day to accommodate future residential and commercial development Staff Report To: Honorable Mayor and City Council Subject: Proposed Sewer Rate Increases for 2004-05 through 2008-09 Date: July 14, 2004 Page: 2 of 3 and to meet state requirements contained in the City's National Pollutant Discharge Elimination (NPDES) permit. The remaining projects required to meet the Board's Cease and Desist order must be completed by November 2007. The projects, known as the wet weather program, comprise four remaining phases of pump station and pipeline improvements in several different parts of the City with the aim of reducing the potential for raw sewage overflows from sanitary sewers during severe rain storms. These remaining wet weather projects will cost $52 million. Since 1998, the City has been successful in obtaining low-interest loans of 2.7% and lower from the State to construct the improvements at the treatment plant, collection pipelines, and pump stations. This funding will also be used to construct the wet weather projects. The proposed rate increases are necessary so that the City can repay the State loans and so that the City can properly operate and maintain the upgraded facilities. Bartle Wells Associates, an independent financial advisory firm, prepared an updated financial forecast and revenue program for the City in March 2004. From this program, the proposed sewer service rates were determined in accordance with State guidelines. After the rates were presented to Council last March 17, staff proceeded to notice the proposed rates in accordance with the Proposition 218 requirements discussed below. Staff believes that the proposed rates are a fair and equitable allocation of costs to the various classes of users and are in proportion to the amount of sewage discharged into the sewer system. The current annual rate for a residence is $217 and the proposed 2004-05 rate is $272. A comparison of the existing rates and the proposed rates for all classes of users and a comparison of the residential rates for other cities in the County are listed within the attached public notice. Proposition 218 Requirements As staff reported on March 17, additional noticing requirements are required to comply with Proposition 218. While the public is not required to vote on sewer rate increases, Proposition 218 requires the City to mail out notices to each property owner in the City 45 days prior to holding a public hearing on the rate increase. The required official notices were mailed out on May 28, with a non-required question and answer sheet mailed out June 15 to further explain the rates, projects, and noticing process. Staff and consultants hosted a public information meeting on June 17, with eight property owners attending. Proposition 218 further states that the City cannot raise sewer rates if a majority of all property owners (not a majority of those turning in protests) turn in formal written protests against the proposed rate increase prior to the public hearing. As of June 30, thirty-six formal protests had been turned in to the City Clerk, and additional written protests may be turned in as late as the close of this public hearing on July 14. Staff Report To: Honorable Mayor and City Council Subject: Proposed Sewer Rate Increases for 2004-05 through 2008-09 Date: July 14, 2004 Page: 3 of 3 Procedures for Public Hearing At the public hearing on July 14, 2004, the City Council will: 1. Open the public hearing 2. Hear and review Staff's presentation 3. Take public testimony 4. Close the public hearing 5. Tabulate the written protests; and 6. Vote on whether to approve the proposed sewer rate increases. FISCAL IMPACT: The 2004-05 Sewer Fund Budget was adopted assuming revenue from the proposed rate increase would be adopted. The 25% rate increase proposed for 2004-05 will generate approximately $2.4 million in additional revenue, meet debt service requirements on the new loan, and meet State Loan requirements for adequate Sewer Fund Reserves. Staff projects a Sewer Fund Reserve balance of $730,000 for capital repairs and $315,000 in Undesignated Fund balance at end of 2004-05 with the proposed rate increase. By:Ji~ Approved: Dirgctor of Finance Michael A. Wilson City Manager Attachments: Resolution Proposed Schedule of Rates 2004-2005 (Exhibit A to Resolution) Report of Annual Sewer Rentals or Charges for 2004-2005 Public Notice dated and mailed May 28, 2004 Questions and Answers mailed June 15, 2004 RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING A 25% INCREASE FOR SEWER RATES EFFECTIVE FISCAL YEAR 2004-2005, AND INCREASES OF UP TO 9% ANNUAl JI,Y THROUGH 2008-09, AMENDING THE MASTER FEE SCHEDULE TO INCLUDE THE RATES, AND ADOPTING A REPORT OF ANNUAL SEWER RENTALS OR CHARGES FOR 2004-2005 PURSUANT TO CHAPTER 14.12 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE WHEREAS, by Chapter 14.12 of the South San Francisco Municipal Code the City Council is authorized to establish sewer rates by resolution; and WHEREAS, in March 2004, the City Council reviewed the implementation of 5-year sewer rate increases of 25% for 2004-2005, and up to 9% annually through 2008-2009 to finance improvements to the City's sewer collection, pumping and treatment facilities; and WHEREAS, the City mailed out notices to all South San Francisco property owners on May 28, 2004 in compliance with Proposition 218 requirements, notifying them of the proposed sewer rate increases, of the methodology used to calculate the rates, and of the procedures to follow in order to formally protest those rates, and of the date and time of this public hearing on July 14, 2004; and WHEREAS, a 45 day noticing requirement was thereby met in compliance with Proposition 218; and WHEREAS, the City Council has given notice and on July 14, 2004, held a public hearing as required by law on the subject sewer rates; and tabulated the written protests received through the close of the public hearing on July 14, 2004; and WHEREAS, the rates reflected in the report of Annual Sewer Rentals or Charges are consistent with the five-year f'mancing plan. NOW, THEREFORE, BE IT RESOLVED by City Council of the City of South San Francisco that the City Council hereby finds that there is no majority protest because written formal protest from a majority of property owners to the proposed sewer fee increases was not presented to the City prior to the close of the public hearing on July 14, 2004. BE IT FURTHER RESOLVED that the City Council hereby approves the schedule of rates set forth in the attached Exhibit "A" which implements the previously approved financing plan, and hereby amends the City's Master Fee Schedule to include the rates. BE IT FURTHER RESOLVED that the City Council hereby adopts the Report of Annual Sewer Rentals or Charges for Fiscal Year 2004-2005, and clkects that the rates so established shall be collected on the official tax assessment roll, together with real property taxes, and that the amount shall constitute liens upon the properties which shall be effective at the same time and to the same extent as is provided for by law in the case of real property taxes, with like penalties for delinquencies. 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 meeting held on the __ day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk S:\Current Reso's\7-14-04sewer.rates.res.doc PROPOSED SCHEDULE OF RATES FOR 2004-2005 CITY OF SOUTH SAN FRANCISCO- SEWER SERVICE FEES PARCELS BY USE CLASSIFICATION ANNUAL RATE Residential Class Single-family dwelling Multi-family dwelling (duplexes, fiats, apartments, and similar class of users) Trailer Court and similar class of uses $272.00 per dwelling per year $272.00 per dwelling per unit per year $244.00 per dwelling per unit per year Bm Institutional Class Schools, colleges, rest homes, hospitals, clubs, lodges, and similar class of uses. Minimum charge, or Volume charge based on water consumed (metered inflow), or Volume charge based on water consumed (metered effluent) $272.00 per year $ 2.908 per 100 cubic feet of water consumed $ 3.230 per 100 cubic feetofwater consumed Commercial and Nonmonitored Industrial Classes 1. Light Strength Uses: Bars (without dining facilities), car washes, department and retail stores, hotels, motels (without dining facilities), laundromats, professional and business PROPOSED SCHEDULE OF RATES FOR 2004-2005 CITY OF SOUTH SAN FRANCISCO- SEWER SERVICE FEES PARCELS BY USE CLASSIFICATION ANNUAL RATE offices, banks, savings and loan associations, warehouses, auto rentals (without repair shops), newspapers, commercial printing shops, freight and drayage services, barber shops, shoe repair shops, camera shops, plating shops, wood and furniture fabricators, heating and appliance stores, drug stores, auto supply stores, general contractors' offices, public administration offices, health services, legal services, dry cleaners, metal fabricators, lumber companies, laundry services, sheet metal shops, and similar classes of uses with wastewater strengths less than or approximated equivalent to residential strength Minimum charge, or Volume charge based on water consumed (metered inflow), or Volume charge based on water consumed (metered effluent) $272.00 per facility per year $ 3.603 per 100 cubic feet of water consumed $ 4.004 per 100 cubic feet of water consumed Moderate Strength Uses: Auto/gas service stations, auto steam cleaners, auto rentals (with repair shops), bakeries, beauty and hair salons, commercial laundries, PROPOSED SCHEDULE OF RATES FOR 2004-2005 CITY OF SOUTH SAN FRANCISCO- SEWER SERVICE FEES PARCELS BY USE CLASSIFICATION ANNUAL RATE mortuaries, lodges (with dining facilities), radiator repair shops, markets (with garbage disposals), ice cream parlors, candy manufacturers, food preparation and caterers, sandwich shops, drive-in theaters, creameries, roofers, chemical preparations, machine shops, photo/film processors, rug, carpet, upholstery cleaners, foundries, ceramics studios, oil services, transmission services, sanitation services, furriers, drum and barrel cleaners, and similar classes of uses with wastewater strengths significantly greater than residential strength. The user will be reclassified to the light strength use classification ff it adequately demonstrates to the city engineer it is discharging only segregated or wastewater equivalent in strength to residential wastewater. Minimum charge, or Volume charge based on water consumed (metered inflow), or Volume charge based on water consumed (metered effluent) $272.00 per year $ 5.639 per 100 cubic feet of water consumed $ 6.266 per 100 cubic feet of water consumed PROPOSED SCHEDULE OF RATES FOR 2004-2005 CITY OF SOUTH SAN FRANCISCO- SEWER SERVICE FEES PARCELS BY USE CLASSIFICATION ANNUAL RATE Restaurants, Cafes and Other Eating Places: Minimum charge, or Volume charge, based on water consumed (metered inflow), or Volume charge, based on water consumed (metered effluent) Monitored and Industrial Class: 1. Monitored and Industrial Users: Manufacturers, processors, producers, laundries, photo finishers, painting services, packagers and similar classes of uses whose wastewater are monitored by the City Minimum charge, or combination of the following: Volume charge, based on water consumed (metered inflow), or Volume charge, based on water consumed (metered effluent) Surcharge for suspended solids (ss) $272.00 per year $ 8.240 per 100 cubic feet of water consumed $ 9.155 per 100 cubic feet of water consumed $272.00 per year $ 2.159 per 100 cubic feet of water consumed $ 2.399 per 100 cubic feet ofwater consumed $ 0.725 per pound of suspended solids discharged PROPOSED SCHEDULE OF RATES FOR 2004-2005 CITY OF SOUTH SAN FRANCISCO- SEWER SERVICE FEES PARCELS BY USE CLASSIFICATION ANNUAL RATE surcharge for chemical oxygen demand (COD) $ 0.224 per pound of COD discharged Septage Waste Haulers: Commercial businesses which haul to and dispose of septage waste at the Water Quality Control Plant. Minimum charge Volume charge based on waste water discharge $272.00 per year $ 0.154 per gallon discharged PROPOSED SCHEDULE OF RATES FOR 2005-2006 PROPOSED SCHEDULE OF RATES FOR 2006-2007 PROPOSED SCHEDULE OF RATES FOR 2007-2008 PROPOSED SCHEDULE OF RATES FOR 2008-2009 Up to 9 % increase in all use classifications Up to 9 % increase in all use classifications Up to 9 % increase in all use classifications Up to 9 % increase in all use classifications EXHIBIT "A" TO RESOLUTION NO. REPORT OF ANNUAL SEWER RENTALS OR CHARGES FOR 2004-2005 IN ACCORDANCE WITH CHAPTER 14.12 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE In accordance with Chapter 14.12 of the South San Francisco Municipal Code, the fOllowing report prepared as of July 1, 2004 is submitted. The report describes the procedure of charging those parcels of real property, which directly receive the benefits of municipal sanitary sewer services and the amount of the annual charge or remal, which will be imposed against each parcel for Fiscal Year 2004-2005. Summary of Rentals or Charges. The following is a summary of the annual rentals or charges for 2004-2005. All commercial and industrial properties All residemial properties, except those serviced by Westborough County Water District Billed by Statement Total $ 5,461,113 $ 4,668,376 $ 273,376 $10,402,865 Sewer Rental Account File. This report refers to and incorporates by reference the report entitled "Rate Determination and Revenue Program Summary," prepared by and on file at the City of South San Francisco Water Quality Comrol Plant. The report summarizes the 2004-2005 sewer rental charge that will be proposed to the City Council on July 14, 2004. Upon adoption of the proposed charges, or amendments thereto, a report emitled City of South San Francisco Sanitary Sewer Charges, prepared by Engineering Data Services, Los Altos, California, will be completed. The report will describe by Assessor's Parcel Number each parcel of real property receiving directly the benefits of municipal sanitary sewer service and the amount of annual charge or rental imposed against each parcel for fiscal year 2004-2005. All of these documents, including this report shall be filed with the County Tax Collector or Auditor. Accompanying the filing of this report shall be the Clerk's endorsemem that the report has been adopted by the City Council. Dated: July 1, 2004 Director of Finance CLERK'S STATEMENT I, Sylvia M. Payne, City Clerk of the City of South San Francisco, a municipal corporation, do hereby certify that the foregoing report was adopted by the City Council on the __ day of ,2004 by Resolution No. Dated: Sylvia M. Payne City Clerk OFFICE OF THE SUPERINTENDENT OF WATER QUALITY CONTROL (650) 877-8555 The City's sewer system includes gravity collection lines (pipes in the street), pump stations, a treatment plant and a disposal system. Since 1997, the City has been under order ~om the San Francisco Regional Water Qual/ty Control Board (the Regional Board) to upgrade its facilities in order to improve the environmental quality of the Bay. The upgrades involve a number of projects in the collection system and at the treatment plant. In compliance with the Regional Board's Cease and Desist order, since 2000, the City has made changes to the plant and operations in order to comply with Federal and State clean water programs to protect the environmental quality of the San Francisco Bay. Additionally, the treatment plant capacity has been increased from 9 million gallons per day to 13 million gallons per day to accommodate future residential and commercial development within our customer base. May 28, 2004 Dear Property Owner, The City of South San Francisco provides your sanitary sewer service. For a number of years a fee has been collected for sanitary sewer service on your property tax bill. This fee shows on your tax bill as a line item rifled SSF SEWER CHARGE. The remaining projects required to meet the Regional Board's Cease and Desist order must be completed by November 2007. The projects are known as the Wet Weather Program, and comprise four remaining phases of pump station and pipeline improvements in several different parts of the City with the aim of reducing the potential for raw sewage overflows from sanitary sewers during the wet-weather season. If the City does not comply with the Regional Board's Orders, it runs the risk of being fined and our operation could cause environmental damage to the Bay and to Colma Creek. The remaining wet weather projects will cost approximately $52 million. Since 1998, the City has been successful in securing low-interest loans (2.7% and lower) from the State of California to construct improvements at the City's treatment plant and collection pipelines and pump stations. This same funding will be used to construct the wet weather projects. The State loans are secured by a contract and the City is committed to raising the necessary revenue to meet our contract obligations and to properly operate and maintain our facilities. In order to meet these financial obligarions, the City is proposing to raise the sewer service rates twenty-five percent in fiscal year 2004-05 and up to nine percent in each of the fiscal years 2005-06 through 2008-09. The attached legal Notice of Proposed Sewer Rate Increase and of Public Hearing provides detailed information on the proposed rate increases and on your rights as a property owner to voice your concerns or protests to the City. Please review the enclosed legal notice carefully. The City has scheduled a public informational meeting on Thursday, June 17, 2004, at 7:00 p.m. at the Magnolia Recreation Center, Multi-Use Room, 601 Grand Avenue, So. San Francisco. City staff and consultants will be available to answer your questions about the proposed sewer rate increases. As this is an information meeting, the City Council will not be overseeing this meeting, and the City will not take any action on the rate increase at this meeting. The City Council will hold a public heating on the proposed rate increase on Wednesday, July 14, 2004 at 7:30 p.m. at the City Council Chambers, Municipal Services Building, 33 Arroyo Dr., South San Francisco, to take public testimony. Your written protests must be delivered to the City Clerk by the close of this public heating in order to be considered. If you have any questions about this letter, the proposed sewer improvements, the legal notice or your specific property, please contact David Castagnola, Water Quality Control Plant Superintendent, at (650) 877-8555 or email at 04sewerrateinfo~ssf. net. Water Quality Control Plant - 195 Belle Air Road - 94080 May 28, 2004 Page 2 In preparation of the City Council's Public Heating, the City staff has developed a summax7 of sanitary sewer rates in the area. This summary, provided for your reference, reflects information as of April 2004. RESIDENTIAL SEWER SERVICE CHARGES SAN MATEO COUNTY AGENCY HILLSBOROUGH MONTARA SANITARY DIST. PACIFICA FOSTER CITY BRISBANE HALF MOON BAY MILLBRAE SAN BRUNO DALY CITY BURLINGAME SAN CARLOS BELMONT EL GRANADA SANITARY REDWOOD CITY SAN MATEO MENLO PARK AVERAGE RESIDENTIAL CHARGE ANNUAL SEWER CHARGE $1,204 * $ 553 $ 452 $ 409 * $ 4O7 $ 4O5 $ 342 $ 342 $ 302 $ 292 $ 276 * $ 275 $ 274 * $ 257 * $ 255 $ 254 * $ 386 Flat Charge -- Other rates are annual estimates based on "average" monthly charges SOUTH SAN FRANCISCO PROPOSED RESIDENTIAL SEWER CHARGE SCHEDUI 2004/2005 2005/2006 2006/2007 2007/2008 2008/2009 $272 $296 $323 $352 $384 The information in this notice and any accompanying material were compiled and distributed at public expense by the City of South San Francisco in compliance with Article XIIID of the State Constitution and supporting State Law. This reformation is presented m the public interest and is not intended to influence or attempt to influence the actions of the property owners. City Clerk City of South San Francisco 400 Grand Avenue P.O. Box 711 South San Francisco, CA 94083 NOTICE OF PROPOSED SEWER RATE INCREASE and of PUBLIC HEARING for the CITY OF SOUTH SAN FRANCISCO THE CITY OF SOUTH SAN FRANCISCO GIVES NOTICE that: The City is proposing to increase sewer rates. The purpose of the proposed increase is to finance improvements to the City's sewer collection, pumping and treatment facilities. The improvements are necessary to comply with State and Federal water quality requirements, to reduce the overflow of raw sewage during the wet weather season and to provide additional capacity at the City's facilities. The improvements include rehabilitation of sewer collection lines, upgrades to pump stations and upgrades to the treatment plant as well as all related administrative and incidental costs, including the costs of the hearing shown below and the costs of financing the sewer improvements. A description of how the rates are calculated and the proposed schedule of rate increases are shown on the back of this notice. If the rate increases are approved, it is proposed that they will commence to be collected with the property taxes beginning with Fiscal Year 2004-05 and will continue to be collected until otherwise modified by the City. The sewer rates will not exceed the maximum amounts shown without another written notice to the property owners. Your Assessor's Parcel Number (APN) is shown on the first line of the address on the envelope this notice came in. Before taking final action on the proposed rate increase, the City Council will hold a PUBLIC HEARING on Wednesday, July 14, 2004, at 7:30 p.m. at the City Council Chambers, Municipal Services Building, 33 Arroyo Dr., So. San Francisco. The Public Hearing will be for hearing public testimony and receiving written protests on the proposed sewer rate increase. The Council may continue the hearing from time to time without further written notice. Any property owner may file with the City Clerk, at any time before the end of the Public Hearing, a written protest against the proposed rate increase. The protest must identify the property, the property owner, and be signed by the owner of the property. The written protests may be hand delivered or mailed to the City Clerk at the City's address shown above. To be counted, the City Clerk must receive a written protest not later than the end of the Public Hearing specified above. Protests by telephone, fax, or e-mail will not be accepted. A majority protest exists if, upon the end of the Public Hearing, there are valid written protests submitted by owners of a majority of the properties subject to the proposed rate increase. A majority protest will result in the rate increase not being imposed. Note that no more than one protest per parcel may be submitted. 5. To get additional information about the proposed rate increase, contact: David Castagnola, Water Quality Control Plant Superintendent South San Francisco, CA 94080 Telephone: (650) 877-8555 E-mail: 04sewerrateinfo~ss f. net Additional written material relating to sewer rates, the projects, and protest procedures are available at the above City Clerk address during regular business hours. City of South San Francisco Proposed Sewer Rate Increase How rates are calculated: Residential Rates. Rates for residential properties are calculated by multiplying the number of dwelling units on the assessor's parcel by the annual rate. The dwelling unit rate for Single Residential and Multiple Residential assumes an "average" annual effluent flow of 84 hundred cubic feet. The trailer unit rate assumes an "average" annual effluent flow of 75 hundred cubic feet. Commercial and Institutional Rates. Restaurant, Institutional and Commercial Rates are calculated by: A) Measuring the annual water use at the assessor's parcel and multiplying this usage by the inflow rate; or by B) Measuring the annual sewer flow from the assessor's parcel and multiplying by the effluent rate. Industrial Rates. Industrial Rates are calculated based on the annual amount of flow, chemical oxygen demand and solids from the assessor's parcel. Separate sewer rates are calculated for each component and then added for the total sewer fee per assessor's parcel. Annual measurement and testing are performed at each assessor's parcel to confirm the flow and loading. Septage Rates. Septage rates are calculated by multiplying the gallons of flow discharged from the septic pumper by the septage rate. Proposed Sewer Rate Increases over the next 5 year~ Proposed Proposed Proposed Proposed Proposed Basis of Rate Existing Rate Maximum Rate Maximum Rate Maximum Rate Maximum Rate Maximum Rate User Group Calculation 2003-2004 2004-2005 2005-2006 2006-2007 2007-2008 2008-2009 (Unit) S/Unit/Year S/Unit/Year S/Unit/Year S/Unit/Year S/Unit/Year S/Unit/Year Single & Multiple Residence Dwelling Unit 217 272 296 323 352 384 Trailer Units Trailer Unit 195 244 266 290 316 344 Restaurants Hundred Cubic Feet inflow 6.592 8.240 8.982 9.790 10.671 11.631 or effluent 7.324 9.155 9.979 10.877 11.856 12.923 Institutional Hundred Cubic Feet inflow 2.326 2.908 3.169 3.454 3.765 4.104 or effluent 2.584 3.230 3.521 3.838 4.183 4.559 Light Strength Commercial Hundred Cubic Feet inflow 2.882 3.603 3.927 4.280 4.665 5.085 or effluent 3.203 4.004 4.364 4.757 5.185 5.652 Moderate Strength Commercial Hundred Cubic Feet inflow 4.511 5.639 6.146 6.699 7.302 7.960 or effluent 5.013 6.266 6.830 7.445 8.115 8.845 Industrial Flow Hundred Cubic Feet inflow 1.727 2.159 2.353 2.565 2.796 3.047 or effluent 1.919 2.399 2.615 2.850 3.106 3.386 Chemical Oxygen Demand Pounds 0.179 0.224 0.244 0.266 0.290 0.316 Solids Pounds 0.580 0.725 0.790 0.861 0.939 1.023 Septage Haulers Gallons 0.123 0.154 0.168 0.183 0.199 0.217 City of South S~. Froncisco Proposed Sanitary S~wer' Ro,~ Zncr~os~ Qu.stions & Zntroduction Dear Property Owner, As a follow-up to a notice you recently received in the mall regarding a proposed sanitary sewer rate increase, this handout provides answers to some frequently asked questions about the rate increase, the City's sewer program and the City's rate collection methods. In 1996 the City of South San Francisco began a construction program to upgrade the wastewater treatment plant and the sewer pipelines that serve the City. The wastewater treatment upgrades were completed in 2002 and the wet weather work is in design and early construction. The program must be completed by 2007 in order to meet the conditions of the Cease and Desist order issued to the City by the San Francisco Bay Regional Water Quality Control Board. The completed program will allow the City to comply with clean water regulations intended to protect San Francisco Bay, reduce the potential for raw sewage overflows from sanitary sewers during the wet-weather season, and increase the plant treatment capacity to accommodate future residential and commercial development in the City and our customer cities. The City secured a State loan with a 2.6% interest rate to fund improvements at the treatment plant and secured a second loan at 2.7% to help with the costs of upgrading the sewer lines for the wet weather program. The loan will be paid back over 20 years by ratepayers, and the total wet weather project cost is estimated to be $52,000,000. As part of the application process for the State loans, the City developed detailed financial information in order to estimate the rate increases that would be necessary to repay the loans and operate the sewer system. The City is proposing to increase its rates 25% next year and up to 9% per year for the next 4 years a~er that in order to repay the state loans and operate the system. The City's rate is currently the lowest in San Mateo County as of a recent survey and it will still be the fourth lowest with the proposed rate increase for next year. After the fifth and final year of proposed increases, the rate will still be average among other city rates, assuming no change in those rates. However, given that those other cities may raise rates as well, South San Francisco's rates wi]l most likely remain competitively below average throughout the five-year rate period. If aRer reading this additional material you would like more information, we encourage you to call or e-mail Mr. David Castagnola at (650) 877-8555 or 04sewerrateinfo~ssf. net. ~uestions About the Project 1. Why is this increase required? The City of South San Francisco has been required to upgrade its treatment and collection system in order to comply with State and Federal regulations. The Federal Regulations are set by the Environmental Protection Agency (EPA) and the State Regulations are set by the State Water Resources Control Board. The San Francisco Bay Regional Water Quality Control Board, which is the State Agency responsible for enforcing these regulations in our area, has issued the Cease and Desist order to the City. The wastewater treatment plant work has been completed, and the City must now undertake the wet weather phase of the required work involving $52,000,000 of construction to the sewer collection system. The City has borrowed money from the State, at a reduced interest rate, to fund much of the construction. The rate increases are necessary so that the City can repay the State loans and so that the City can operate the upgraded facilities. 2. What Mnds of probletns is the City having now? The City currently has been working to solve three different types of problems. One of the problems relates to the pipelines and two relate to the treatment plant. The pipeline problems stem from the fact that some of the older pipes and manholes in the City are cracked and leaky, and many of the pipes that connect residences to the City's pipes are also cracked and leaky. During winter storms, rainwater can leak into the pipes and the pipes become overloaded. Under severe conditions, the pipes become so full that raw wastewater overflows from the manholes into the streets. TMs is unhealthy for people and bad for the environment. The treatment plant problems were related to the size (or capacity) of the plant. In winter, during heavy rains, the plant would become overwhelmed with high flows. Some of the treated effluent was discharged to Colma Creek instead of the normal discharge point at the submerged outfall in the San Francisco Bay. The Regional Board ordered the City to correct this problem, which has been done. June 1, 2004 City of South ~an Feancisco Proposed Sanitary ~ewer Rate Zncrease (;~uestions & Answers Page 2 In addition to becoming overwhelmed during the winter, the treatment plant was operating beyond its rated treatment capacity year-round, making for inefficient treatment. The expanded plant now allows for more effectual treatment of wastewater. 3. Wkat kinds of things is the City building with the loan funds ? The City has completed upgrades and expansion of the wastewater treatment plant so that the plant can efficiently treat the wastewater flow. The sanitary sewer lines will be improved next. New, larger pipes will be installed and pumping stations will also be expanded so that the City can pump high flows to the treatment plant during wet weather. 4. ~dl the sewers in my neighborhood be improved? Sewer improvements are planned along: · Airport Boulevard · Linden Avenue · Lowde Avenue · Winston Manor · Shaw Road and San Mateo Ave · California Avenue · Harris Street · Francisco Drive · A Street · Several areas East of 101 All of the City will benefit from the sewer improvements because they will expand the pipes and pump stations in areas where wastewater can overflow from the moles. 5. Who is requiring the City to upgrade its plant and its sewer system? The San Francisco Bay Regional Water Quality Control Board, which is responsible for enforcing State and Federal water quality regulations, has required that the City undertake this upgrade program. Questions About the Rate Setting Process 6. How muck is the fee increasing? The City is proposing to raise rates 25% this next year and then up to 9% a year for the following 4 years. This represents the maximum rate increase that the City Council can approve (the City Council could approve lower rate increases over the five year period if lower amounts will meet the City's revenue needs). For the average house, sewer rotes could increase from $217 per year this year to $384 per year by the year 2009. This represents an increase of about $3 per month for each year over the five-year period. 7. How do our fees compare with other cities in the area? South San Francisco's current $217 residential rate is the lowest sewer rate of all the sanitation agencies in San Mateo County, as of an April 2004 survey. When the rate increase for 2004/2005 is in effect, South San Francisco's $272 rate will be the fourth lowest rate in San Mateo County. The residential rate in Redwood City is currently $257 and rates in San Mateo and Menlo Park are $255 and $254 per household per year respectively. If South San Francisco adopts the highest rate of $384 in 2008/2009, the fifth and final year of this rate proposal, that rate would approximate the current $386 average household rate from the April survey. However, since other local agencies also have plans to increase sewer rates in order to respond to stricter discharge regulations, South San Francisco's rates should remain below the average throughout the five-year rate period. 8. How are the rates calculated? Residential rates are calculated based on an estimate of "average" wastewater flow from a home. Currently the City bases its residential rates on an average flow of 84 hundred cubic feet per year (or about 170 gallons per day). Commercial and industrial rates are calculated on the basis of water used (as measured by the water meter) and strength of flow (as measured by laboratory testing). 9. Is this a tax? No, this is a charge for service, specifically for the use of the sewer system and treatment of the sewage. 10. Is this a new charge for service? No. The City has collected the sanitary sewer rates on the tax roll for many years. If you look on your property tax bill, it is the SSF SEWER CHARGE line item. The City is proposing to increase the rate because it is being required to make improvements to the treatment plant and the sanitary sewer collection lines. IL Who pays for the "expanded" capacity? New development pays for the expanded capacity at the time they connect to the sewer system. The City charges a "connection fee" to all new development that connects to the sewer system. This fee is calculated to represent the cost of the sewer capacity used by the new development. The City is currently in the process of increasing its connection fees to fairly reflect the costs of the improvements and expansions in the system. 12. Is this a one-time charge? No. This is a yearly charge that will be collected on your property tax bill. June 1, 2004 City of ~outh $~n F~ancisco P~opos~d Sanitary Sew~ Rate C~uesYions & ~nswe~s Page 3 13. How long ~ th~se cha~ges last? The sewer rates will be in effect for as long as the City of South San Francisco maintains the sewer collection and treatment plant that serves your property. 14. W'dl there be additional increases? The City is proposing to raise rates 25% this next year and up to 9% per year for the following 4 years. These are the maximum rate increases that the City can impose without notifying property owners and holding a Public Hearing. While there may be a future need to increase rates, the City cannot increase the sewer rate above the maximum mount shown on your notice without providing you with additional notices. 15. Is this a lien on my property? The City's Municipal Code describes this charge as a lien. The charges are collected by the County along with your property taxes to save the substantial administrative costs of a separate billing system. If the City had a separate monthly billing system, the cost of that system would have to be recovered and sewer rates would probably be higher. 16. How does the City decide to approve the rate increase? The City will take testimony and written protests at the public hearing on July 14, 2004. At the close of the public hearing, the City will tabulate the protests. The City will count one protest from each piece of property. If multiple owners protest for the same property, only one protest will be counted. The City Council may approve the proposed rate increase ff 50% or less of the properties protest. There are approximately 14,000 properties in the City of South San Francisco, so the Council would need to receive about 7,000 written protests to defeat the rate proposal. 17. How can I protest this rate increase? Please carefully review your written legal Notice; it outlines aH requirements. To be counted, your protest must conform to the following: · Be presented in writing · Be received by the City Clerk before the end of the Public Hearing on July 14, 2004 · Identify the Assessor's Parcel Number for the property (this number is on your Notice) · Identify the Owner of the property (this information is also on your Notice) · Be signed by the owner (or the owner's designated representative) Mail your protest to the City Clerk at P.O. Box 711, South San Francisco, CA 94083. You may also haud deliver or overnight express it to the city Clerk at 400 Grand Avenue, South San Francisco, CA 94080. On July 14, 2004, 5:00 p.m. will be the deadline for the City Clerk to receive written protests at these addresses. After 5:00 p.m. on July 14, protests will have to be'hand delivered to the City Clerk before the end of the 7:30 p.m. public hearing in the City Council Chambers at the Municipal Services Building, 33 Arroyo Drive, South San Francisco. If your protest is not written, does not contain the required information or is received after the close of the Public Hearing, it will not be counted. l & The property ownership information on my notice is wrong. IVhat can be done about that? The City has utilized information from San Mateo County's last equalized assessment role. If the property owner information is incorrect and you wish to submit a protest, send a copy of a legal document (such as a grant deed) with your protest, so that we may verify that you currently own the property. ~neral Znformation C~Jesl'ions 19. Where can I get more information about this rate increase? Written information is available at the City Clerk's office at 400 Grand Avenue, South San Francisco. Mr. David Castagnola, the Water Quality Plant Superintendent can also provide you with additional information. Mr. Castagnola can be reached at (650) 877-8555 or by email at 04sewerrateinfo~ssf. net. Also, a Public Information Meeting will be held at 7:00 p.m. on Thursday, June 17, 2004 in the Multi-Use Room of the Magnolia Recreation Center at 601 Grand Avenue, South San Francisco. City staff and consultants will be available to answer your questions about the proposed sewer rate increases. As an informational meeting, the City Council will not be overseeing the meeting, and the City will not take any action on the rate increase at the meeting. 20. Where and when is the Public Hearing? A Public Hearing on this issue will be on the City Council's agenda at their regular meeting at 7:30 p.m. on Wednesday, July 14, 2004, in the City Council Chambers at the Municipal Services Building, 33 Arroyo Drive, South San Francisco. Written protests will be accepted up until the end of the public hearing. The City Council will take action on the rate increase at the conclusion oftbe public hearing. June 1, 2004 Abo#t Proposition 218 In 1996, the voters of California approved the Right to Vote on Taxes Act (Proposition 218). Among other things, this Act changes the way government agencies can modify or increase existing fees or charges that fund certain City services. The Sanitary Sewer Rates in the City of South San Francisco are covered by Proposition 218. Proposition 218 requires that property owners (defined as the owner of a parcel of land) be given an opporttmity to voice their concerns regarding fee increases before the City Council can approve the increases. The process includes noticing all affected property owners of the proposed fee increases and the date of a City Council public hearing considering it. If written protests are received from a majority of property owners, the fee increase will not occur. The information in this document was compiled and disi~ibuted at public expense by the City of South San Francisco. This information is presented in the public interest and is not intended to influence or attempt to influence the actions of the property OWllers. June 1, 2004 DATE: TO: FROM: SUBJECT: July14,2004 Honorable Mayor and City Council Marty Van Duyn, Assistant City Manager PENINSULA HABITAT FOR HUMANITY APPEAL - APPEAL OF PLANNING COMMISSION APPROVAL OF: A PLANNED UNIT DEVELOPMENT AND TENTATIVE PARCEL MAP APPLICATION TO DIVIDE A 50 FT. BY 140 FT. LOT INTO FOUR (4) 25 FT. BY 70 FT. LOTS, WITH A SINGLE FAMILY HOME ON EACH, WITH REQUESTED EXCEPTIONS TO THE STANDARD LOT SIZE (AREA, LENGTH AND WIDTH) AND SIDE SETBACK REQUIREMENTS AND AN AFFORDABLE HOUSING AGREEMENT RESTRICTING AFFORDABILITY ON ALL UNITS ON A SITE LOCATED AT 440 COMMERCIAL AVENUE, IN THE R-3-L MULTIPLE FAMIIJy RESIDENTIAL ZONE DISTRICT IN ACCORDANCE WITH SOUTH SAN FRANCISCO MUNICIPAL CODE CHAPTERS 20.20, 20.84, 20.125 AND TITLE 19 (SUBDIVISION ORDINANCE); AND. A GENERAL PLAN CONFORMITY FINDING FOR A PROSPECTIVE SALE BY THE CITY OF SOUTH SAN FRANCISCO OF A 7,000 SQ. FT. PROPERTY LOCATED AT 440 COMMERCIAL AVENUE IN ACCORDANCE WITH PROVISIONS OF STATE PLANNING LAW (GOVT. CODE SECT. 65402) Case Nos. Applicant: Owner: PROJECT NO. P04-0034: Planned Unit Development PUD04-0001 Tentative Parcel Map PM04-0001 Draft Affordable Housing Agreement AHA04-0001 Planning Commission Action PCA04-0001 Peninsula Habitat for Humanity South San Francisco Redevelopment Agency Appellant: Frank Greco Staff Report Subject: Page 2 Peninsula Habitat for Humanity Appeal RECOMMENDATION It is recommended that the City Council uphold the Planning Commission action to approve P04-0034, PUD04-0001, PM04-0001, AHA04-0001 and PCA04-0001, and deny the Appeal. BACKGROUND In early 2001, the City reached an agreement with the owner of the subject vacant 7,000 square foot lot at 440 Commercial to create a temporary "green spot" on the property which at the time was overgrown with weeds and had been collecting trash and debris. Later, in December 2001, the Redevelopment Agency acquired the subject site with the intention of utilizing the property for a future affordable housing proj eot. In 2002, a representative of Habitat for Humanity approached the City to determine the possibility of a joint venture to provide much needed housing that would be affordable to very low income worldng families. Habitat developed a feasibility analysis and prepared preliminary financial pro formas and design concepts for presentation to the City. This phase was undertaken by Habitat, without cost to the City, and initiated the entitlement process for the proposed development. While the Zoning Ordinance permits outright a four-mt apartment project on the site subject only to a Design Review approval, the City and Habitat were interested in a for-sale project rather than rental housing. In order to construct a "for sale" project on this site under the City's Zoning provisions, a Planned Unit Development permit is required. Neighborhood Meeting A neighborhood meeting was held on May 13, 2004, where a number of issues were raised by the Community. Additionally, several letters and emails have been received, attached, voicing substantially the same concerns. The principal issues were: · Size of project (4 units, 3 bedrooms, 3 stories) is incompatible with surrounding neighborhood · Lack of parking in the neighborhood · Long term maintenance of buildings · Construction impacts - parking, noise, dust, etc. · Project will lower property values · Loss of play area · Transient residents · Substandard lot sizes - neighbors have been den/ed this subdivision oppommity Staff Report Subject: Page 3 Peninsula Habitat for Humanity Appeal DISCUSSION (A complete discussion of the proposed project is contained in the attached Planning Commission staff report dated dune 17, 2004.) Planning Commission Meeting The Planning Commission held a public hearing on the proposal on June 17, 2004, minutes attached. Two individuals representing several other residents spoke, noting the following: The neighbors have asked to stop the proposed project through a petition. The structure would overcrowd a neighborhood that is already too crowded. There will be loss of 4 parking spaces as well as loss of green space. The neighborhood was never informed that the green spot and parking spaces were interim/temporary. PHfI-I stated it improves communities. The neighborhood asks that the City of South San Francisco (SSF) show findings of how the proposed project would benefit the community. They noted that they have tried to work on the number of units and bedrooms as well as design. The speakers suggested another location be considered for the project. An initial study was not conducted and mitigation for dust control and construction schedule are not addressed. The project was previously noticed as Statutorily Exempt and now it is noticed as a Categorical Exemption. PHfH improves dilapidated areas but Commercial Avenue is not a dilapidated area. The speakers requested that the Planning Commission deny the request and leave the property as a park. The Planning Commission discussed the matter at some length. In general, the Planning Commission was sympathetic to the neighbors' request that the site remain a park, but absent City Council direction to support a General Plan amendment and rezoning of the site, the Planning Commission found that if the site is to be developed, the proposed project design is commendable. The Commission discussed the steps necessary to designate the site as a public park: 1. Land Purchase - City would need to purchase the property from the Redevelopment Agency 2. General Plan Amendment to change land use designation from "Downtown High Density Residential to Park and Recreation" 3. Rezone property from R-3-L Multiple Family Residential to Open Space 4. Park Design & Construction Staff Report Subject: Peninsula Habitat for Humanity Appeal Page 4 The Commission also discussed the City's obhgations to provide affordable housing for low income families as mandated by the state, and felt that this project was well-designed and would not have a detrimental impact on the neighborhood. They particularly felt that the ownership vs. rental aspect of the project would be of significant benefit by providing stability and long-term investment in the property and community. The Planning Commission voted unanimously to approve the project based on the findings and conditions contained in the staffreport, but requested that sta:ffmake clear to the City Council its recommendation that the Council give serious consideration to making the site a permanent park instead. APPEAL An appeal was filed by a nearby resident, Mr. Frank Greco. The attached appeal form lists the following issues: 1. Seven to eight parking spaces would be lost 2. Congestion 3. Loss of a green area that the community uses as a park 4. Design of buildings Lack of parking in the neighborhood is an existing problem. While the four public parking spaces that have been installed as part of the "Green spot" improvements would be removed, and new driveway approaches installed on both the lane and Commercial Avenue, the project architects have tried to design the driveway locations to minimize the width of the curb cuts and maximize the amount of on-street parking remaining. The project will provide two enclosed parking spaces as well as the ability to park a third car in the driveway. This parking meets the City standards and will be sufficient to accommodate the needs of the occupants. Proposed Conditions of Approval and Habitat CC&Rs stipulate that the required parking spaces be maintained and clearly indicate that they not be converted to habitable space. · Traffic Traffic and speeding along Commercial Avenue by commuters is a concern the project cannot control. While the additional four-unit development will increase trips, the street system is designed to more than adequately handle these traffic levels. Most of the existing traffic concerns involve excessive parking on 2nd Lane due to parking shortages from existing projects. The proposed project will provide on-site parking to meet the Zoning Ordinance standards. Staff Report Subject: Page 5 Peninsula Habitat for Humanity Appeal · Green Spot The "green spof' was never intended to provide permanent parkland, but rather was provided as a temporary clean-up/amenity for the neighborhood of a problem parcel until a development plan was devised. · Design The Design Review Board and the Planning Commission were very pleased with the site layout and architecture and agreed that the proposed project was well designed and well integrated with the surrounding neighborhood. CONCLUSION The Redevelopment Agency purchased the subject site with Housing Set Aside funds with the express intention of working with a non-profit developer to construct affordable housing on the site. Peninsula Habitat for Humanity was selected in large part for its reputation for developing quality for sale projects for very low-income families. Although a "for sale" project requires discretionary approval, which a standard apartment building would not, Redevelopment Agency staff believed a "for sale" project would be preferred by the neighborhood, and recommended that Habitat pursue the required approvals. As described in the attached Planning Commission staff report, the project, including the prospective sale of the land, complies with the goals and policies of the City's General Plan. Additionally, the Planning Commission found there are unique project features which support the requested exceptions to the City's General Development standards as provided by the Planned Unit Development Procedures. Subject to approval of the exceptions, the project meets or exceeds the requirements of the Zoning Ordinance. In addition, the Design Review Board and the Planning Commission have reviewed the project and found the proposal to comply with the City's Design Guidelines. Therefore, it is recommended that the City Council uphold the Planning Commission's action to approve Planned Unit Development permit PUD04-0001 to allow construction of four detached single family homes with a reduction in standard lot sizes and side yard setback requirements, Tentative Parcel Map PM04-0001 to allow the existing parcel to be divided into four (4) 25 ft. by 70 ft. lots, Draft Affordable Housing Agreement AHA04-0001 to ensure affordability of all of the units, and Planning Commission Action PCA04-0001 finding the prospective sale of the property by the Redevelopment Agency to be in compliance with the General Plan. By: ~r Approved: Michael A. ~ilson City Manager Staff Report Subject: Peninsula Habitat for Humanity Appeal Page Attachment: Appeal Form Plaanning Commission Staff Report dated June 17, 2004, w/attachments June 17, 2004 Planning Commission Minutes Letter to Tom Sparks dated July 6, 2004 Letter from Mr. Frank Greco dated July 8, 2004 CITY OF SOUTH SAN FRANCISCO Planning Division 400 Grand Avenue, South San Francisco, CA 94080 650.877'8535 ~L~RK JUH23'Oq n~ 9.~ APPLICATION FOR APPEAL Applicants Who wish to Qle an appeal of a decision of the Planning Director or the Planning Commission, or a Design Review Decision, shall submit the following (a letter or additional sheets may also be submitted): What, specifically is being appealed? ~ &lVt' t".o,,~,'-'~, ,~_ / 2. What is the basis of your appeal? Include facts to support your appeal and all pertinent information. o If you. are the original applicant, submit thirty-five (35) reduced copies (81/2x11) of all exhibits (maps, plans, elevations, etc.) which were submitted with the original application. 4. Filing fee - see Fee Schedule Mailing Address: PhoneNo.(~O ~2',! ~"~ rs" Date ~; 'X _'3' Z~ '-,/ Return completed form to City Clerk's Office, 400 Grand Avenue, South San Francisco, CA 94080 7/99 -1- Planning CommiSsion aff Rep'° . DATE: 'June 17; 2004' TO: Pl~n~ing CommiSsion SUBJECT': Peninsula Habitat. for HUmanity - planned Unit Development aud ~entative parceI Map applicati°n tO divide, a $0.fc bY 140 fL lot into four (4) 25'f~. by 70 f~ lOts, with a single family home on each;, witk reCluested'~xcepfions to thc standard lot size (ar°a, length md width) audl.sidei, setback requirements and au Affordable Housing Agreement restricting affOrdability'on all units on a site located at 440 CommerCial A/venue, in the K-3,L Multiple Family Kesidential Zone District in · accordance with South Sau'FrauCiSc°'M~micipal Code Chapt~ 20.20i 20.84', 20:I25: and Tiff°: 19 (SubdivisiOn Ordinance); . General Plan Conformity finning for-a'pmspcctive sale by the City of SOuth. Sou Francisco ora 7,000' sq~ f~ prope~ 10cat°dar 440'COmmel'cial Avenue in: aco0 o .wit of.State (c-o code Se t." case NOS.. PROJECT NO. P04;0034:: Planned Unit DeVelopment PUD04,0001' TentatiVe-par%l'Map PM04'0001 Drai~k~ffordabie-HOusing ~-greemenl~I~0~000~ Planning COmmiSsiOn Action PCA04-0001 Applicant: peuin.~'U,la Habitat for H~m~ity South SouFraucisco Kedevelopment Agency RECOMMENDATION: It'is recommended that the. Planning Commission approve Planned Unit Development pUD04.0001, TentatiVe parcel Map PM04-0001, Draft Affordable. Housing Agreement AHa04:0001' and Planning COmmi.~sion Action PCA04,0001 based on the attached findings and subject to the attached ConditiOns of Approval; BACKGROUND In the fall of 2001, the previous owner of the site approached the City to det~z ,,,in° its interest in acquiring the vacant lot. Earlier that year; the City reached au agreement to allOw the City to · create a:'"grecnspof"which'included'a small walkway aud'a few parking spaces at the'lane. This -2- StaffKeport RE: peninmla Habitat for Humanity- P04-0034~ Date: June.17, 2004 page 2 ofll was a si~ificantimprovernent to a vacant lot that had been collecting trash and debris. The "green spot,'was understood to be a temporary situation until the lot was developed and in the interim provided"an amenity to the neighborhood and'elimiUated'a problematic situation for the comrmmity;. The Agency, in prior years~, had. also acquired and rehabilitated the property at 339; 341 Comraereial.'Avenue, mining a blighted' md crime-ridden area into a residential property that improved the appearance of the' entire neighborhood. Re~li~ng the. oppOri~mity to acquire a vacant, site with no toxic conditions and at a reasonable' price~ the RedevelOpment Agency acquired the property for a potential.new housing project:. The Agency' s intent, was to ad.vance the prodUctiOn of new residential units affordable to low and moderate income working families'as required by the ASsociati°n:of Bay Area Governments (ABAG). The City had recently been. notified of its..°bligati°n~ to produce nearly.... .800..afl°triable units to meetits fair Share"'State.alloeation~ . The previous owner had given a "right'of fi~t refusal" to the immediate neighbor Who was offered the property and declined to purchase. At that fimei, the'Agency notified the adjacent. property owners ofitsintent to acquire and exeeuted"a Purchase and'Sale Agreement, taking ownersh~' of the site inDeeember of 2001;- In 2002, a representative of I-labitat for Humanity approached the City to' determine the. possibility ofajomt venture to provide'much needed.- 'housing that would'be affordable to very. Iow income working f~milies. Habitat developed a feasibility analysis and prepared prelfmin~ finanCial'pro fOrmas and design eoucepts for. initiated the entitlemem process for the proposed development: While the Zoning Ordinance permits.outright a four-nnit aparmaent project on the site subject onlY.to: a Design Review approval, the City and Habitat were interested in a for-sale project rather than renmlhousing. In order to construct a '~or' sale'' projecton this site under the' City' Zoning provisiom, a planned unit Development pemait must be approved by tile p~anning Commission. DISCUSSION:. PROPOSED PROJECT Peningula Habitat for Hmnanity proposes to divide the 50 ft. by I40 fa lot into four (4) 25 ft. by 70 fk lots, with a single-family home on eack, with requested exceptions to the staUdard lot size (area, length md'width) and side setback requirements. All. nnits'would be sold to families with annnal' incomes between 30%' and 50% of the San Ma~eo County Median income level -3- StaffKeport RE: Peni,,.~ula Habitat for Humanity- P04-0034 Date: JUne 17; 2004 Page 3 ofll I~eqUested Entitlements:' p. arcel Map - to divide the lot into four separate parcels, 25 fl: by 70 f~. each (1,750' square. foot.lots) ' · Pla, reed unit Development' (PUD) Permit - In order to provide a"for sale'"product, the applicant tmSrequested exceptions under the' provisions of the PUD. Oraln"nce to. divide the. property into' smaller ~ standard lots, md to alloW a reduced 'side yard'setbaclc Design The.project'Consists of 4' SingIe fam{ly detached homes' on a 50'fa bY 140fL reCtangular parcel. .Each home would be 1,356 sq. 1%, with three bedrooms, two baths, and'a two-car tandem garage. The first floor would'contaiu the' main. entry, the garage auc~ a trash storage arem .The seCond floor would contain the-kitchen, dining room, living room, bath:and two bedrooms. 'The third: floor would contain a master bedroom and.au'open office nook/study. Exterior bUilding· mterials would consist' ofhoriz°ntarlap siding: along'the lower ~ of the building and vertiCal siding .atongthe uPPer halfi with a CompositiOn.~hingle roof.:. DeCorative: elements 'including a. trellis above .the garage door audshutte~' are also proposed to 'add Color'and interest... --The-De~fga-Kevi~B~-¢~der~-e project at a preliminary meeting m January 2004, and at a formal meeting in March: With the exception of the 'follOwing minor finish and laUdscape comments, included as conditions-of approval, the Design ReView Board was pleased with the proposal'and'found'the designeOnsistent with the CitY's Design Guidelines: · .. 1. Regax~ting the tall' shrub list - Orchid Rockrose will last only 5 to'6years - consider using another plant better' suited.to the'climate.and soil type: The same applies to Lave~ler: 2. Consider'a smooth face on the horizontal lap (drop-siding) rather than a rou~,~bly surfaced ZONING CONSISTENCY The site is zoned K-3-L, Multi'familY Residential Zone District. With the exception of lot size and side yard 'setbacks,. discussed in further 'detail Under the Planned Unit Development section, the project meets or exceedS the standardS ofthe zone district as outlined in the following table: '4- StaffReport RE: P~in.qnl~ Habitat for Humanity- P04-0034 Date: June 17; 2004 Page 4 of 11~ Lot Area: · - Lot'width' - LOt'depth . Fr°nt -.Side - Re~ DenSity- DriVeway Apron Len~,lts' ' ' .. Height." Parking. Lot C0verage-. tnclusionary . HOUsing Obligation Zoning Requirement 5,000 square feet minimum 5'0 feet minimum '80 feetminimlllI1 15'feet:' 3. feet lOft. l"nnit p~ 2,000sq. ff. (4 units) ..... .... 20 R: 50,feet ~mnm 2 per unit (1 in enclOsed- garage).... 65% 20% or 1 ~mit. Proposal: 1,750 square.feet 25'feet' 75. feet 1'5 it: on COmmercial·· Ave, 20'ff. on 2na Mae 4'8,ft: on one side,, '4"on other ' '10r6'R~ 4 Units 20 :fl:;. ' - - 30?- 4'" 2 per'unit (2 tandem spaces in enclosed' arage):' .... ' .... ' 48% Planned.Unit Development The Planned unit DevelOpment'permit provides the Planning Commission a mechanism to'allow diversificatiOn~in regulations'sUch as. setbacks, building heights, parlci~g, lot sizes, landscaping, etc. while ~asm'ing substantial, compliance with laud use and density regulations-Subject to making the fiud~ngs required of'the' ordinance that the exceptions .will result in. a superior project or will otherwise be of general benefit to the COmmunity; In order to provide a "for sale" product, the' applicant has requested."eXceptions' under the provisions of the PUD Ordinance to divide the property into smaller than standard lots, and to' aUow a reduced'side yard setback: Ail other, general development standards would be met or exceeded:' Habitst believes'the fact that they are proposing 100% of the units:as affordable to "very low. income" families, that the affordability restrictions willnm for 55 years~ and that they are "for sale" nn~ts are unique project cha_tactefisfics which will benefit the COmmnn~f and justify the requested exceptions: -5- Staffl~eport- KB~. Penin.~.~la Habitat for Humanity - P04,0034 Date: SUne 17, 2004 page $ ofll. Staff supports the proposed exemPtions in. this very special circumstance because the project, as designed, furthers the' goals of the C-cncralPlau, specificallY the Housing Element goals and pOliCies, as outlined in the. follOWing section, which' also cucompass the goal of meeting the: ABAG Kegional Housing Needs numbers: GENERAL PLAN POLICIES. Land: Use .Element: The Land'USe Element designation for the subject site is Downtown High Density P~eSidcntial: This designation incliides both'a minimum and ma~'imum density range for developments in this axea: The maximum density all0wable on the-site is 30 uuits per acre; or I'unit per 1,452sq. f~, which would' allow a maximum of 5 units on the'site.. The minimum 'dCllsity allowed on the site. is-25, l"uuits per acre, or 1 unit per 1,735" sq. f~,, fora minimum· required density of 4'unit~ 'on the site; -4~eeordingly, redesign'of the proposed four-unit project with fewer units, as has becn~ suggested by'several neighbors, would likely require a C-choral Plan ~rmcndment. AlthOugh the City Council Could amend the General Pla~ such a change in turn could'haVe ramificationsm1 other areas of the City since, in aCCordance, with'state law,. any redUCtiOn in' density, in'the Downtown High Density axea' would likely necessitate a commensurate increase in another part of town in. order to ensure continued:cOmpliance with the ABAG housing' obliEations and the' City's Housing EIement-. ' - - Housine Element/ABAG State law requires, cities to address the needs of ali income groups in their housing elements. The Association of Bay Area' Governments, AB_~G~ is desigrmted by the state to develop region~l projections of housing needS, for the Bay Area Region and to allocate shoxeS of ~hi.~ need to - indiVidual, cities in the region.. SOuth san Francisco.Ss allocation for the 1999-2006 period was determined'bY ABAG tobe 1,33I.units, broken down in the following income categories: Income Category' ABAG Need' ". Determination- Very low' 277 'units Low - 131 ~mits' Moderate 360 units Above Moderate 563 units TOTAL 1,331 units -6- StaffReport RE:' Pe~innula Habitat for HUmanity- P04-0034 Date: June 17, 2004 Page 6 of 11 In 2001:, when the City adopted the Inclusionary Housing OrdinaUce, the City Councflagreed to accept responsibility for providing file very low-income uaita, which i~ the most di~cult aff0rdability rouge to provide for~ and the development: community through the provisions of the: IncIusionsry Ordiuauce would provide the low, and moderate-income units~ The Habitat project' exclusively targets this-very lowe"income category: Policy 1-4; :Prg~-n l'4A Policy 1'5 The Housing Element of the City's ~n~tl Plan comains many policies to support'consm~tion of affordable family.housingas proposed by Habitat, including the following: The City ~l~alt work with for-profit and n0n-profit developers in consolidating in~ll parcels designated for multi'family residential development when it facqlita~es efficient"development of the parcels,:' The Redevelopment Agency ahall acquire sites that are eifl~er vacant or Were develOPed with vacant, underut~tzed,.blighted, and nonconforming uses and will m~l/e the. Sites available to nonrprofit developers.: The RedeveloPment.4gency acquired this' site, which was pr~vi°USly undeveloped and'an eyesore in the neighborhood,'with HOUSing Set-aside funds with .the intention of Working with a non profit Organization to'develop the site for' uffordab te-hom, ing.~ The City shall'promote the ~°nstraction of loWer cost units by providiug incentives and encouraging mixed use proje~m, second units, density bonuses, loft.style units, and manufactared housing: Prgrn i-5A: The. City ~ review its Zoning Ordiuanee to assure that it has. the tools and: flexibility neededto encourage a variety of Unit sizes' and mix of housing types including single family condomininrn~; Cluster projects, PUDs, townhomes, Coop~tives, mobile homes, seaior projects; and manufactured housing. As provided for by the imp lementing program; the PUD ordinance provides the flexibility to prOvide a variety of housing types. Currently, the City has no. affordable housing programs of the t~e proposed by Habitat, a 'for sale" productfor very low-inCOme South San Francisco families. Policy 1-12 The City shall.support efforts to generate affOrdable housing. Prgm 1-12_~ The CitY shall, allocate, redeveIopmentfunds.to nomprofit housing agencies that -7- Staff'Keport RE: Peninnula Habitat for Humanity- P04~0034 Date: June 1'7, 2004 Page 7 of 11 Policy 1-17 assiS/in proViding or developing lOw-income housing through such mean~ as proViding funds for land purchase and rehabilitation: The City shall' emure that the objectives ofthi~ Housing Element are carried out. within the Element's timeframe.. Policy 3 - 1 Parcel Map- .4~ indicated above,, provision of four very low income housing units on the'site, rather than' one low income unit which would' be the standard required' Under the Inclusionary Ordinance, would increaSe the City'S progress'toward meeting this gOal. i The City shall continue to g/ve special':attention in housing programs to' the needs of Special groups; including the'disabled, large familie% the elderly, and families with i0w incomes.. : · ' Each'ofthdProposed' three'bedr°om 'units. would be targeted .specifiCally toward very low-income families, ' .. .... . . Subject to approval of the exceptions requested under the PUD, the Tentative parcel Map complies with the stan~ds and requirements of the City's Subdivision Ordinance and with the State Map Act. " ' Neighborhood. Meeting/COncerns A neighbofllood meeting was held on May 13, 2004, where a number of issues were raised by'the Community, as outliued beloWi Additionally, several, letters, and emails have been received,. attached, voicing substantially the same concerns,. The Concerns fall into two general'categories, concerns with the proposed project and concerns that the proposed project will exacerbate existing neighborhood problem~, In the tables below, Coinrnn A~ lists nezghbortiood concerns and Column 'B .lists responses/plaus of action proVided by either staff Or Habitat to address the concems; -8- Staffl~eport RE: pen~n~l~ Habitat for Humanity- P04-0034 Date: June 17, 2004- Page 8 of lI Proposed Proiect: A B The size Of Praject- ihr~e stories, is incomPaU'ble with neighboring.' houses: Density of project-too many.. units, tOO many bedrooms, too many people Project will luwer proper~ values'. The e£ea4or of the units will not. be ma~iained Humus of Construction, workers using parking during comm~on, other construction impaCts will affect neighborhood, Chikktm will lose play area .The existing neighborhood includes a wide variety of housing types; sizes aud~,~hapes~ inclU~g one story single family and fl~ree story block aparmaent buildings.. The Project has been deSigned tol~lend into 'the neighhoflmod, with a design thattransitions from a two story design- clOser to'.the street, with apartial'third'floor atthe rear of the residence (only'the ra~ter bedroom for each unit occupies the third flOor): This isa sim~q~ design to. "exiSting development in the area. (The block presently has seven other 3~story bUildings.):..~dditionally, the deSiga 'review board has reviewed the projeCt and'unanimausly found it the"d~gn con.~is, tent.with the Citfs Design.. The C_~nezal Plau desi~ates ~h~ area of the DOwntown. High. DenSity Residential, a desi~ati°n inte~led to provide increased de~y around' the downtown-Core to support'co,,,m~-ial ~ Tile l~oposed d~-ity is. entirely consistent with the G~I Plan. poliCies: ' ' AdditiomtlY, a reduction in number-of units.would require : ~ subsi2ntiaElS~:higher City subsidy,, likely rend~ing the project infea.~'~le. Habitat has provided documentation, attached, to contradict'tbiS-.conCem, indicating that Habitat's ownership units briu~.stability and investment to ~ei_'~hhor. hoods. Habitat will have CC&Rs tied. to its sale agreements to ensure ¢xIefior mainten,nce ofttie units. A sample is attache& - Habitat'will develop a "Construction Management-Plan" to address cOma-action phase impacts, inclUding parking~ construction hours~ dust' conWol, etc., which is included as a Condition of Xpproval. Habitat will also have au onsite project manager and contact phone.number posted on the The "green spof? was never intended to provide permanent parkland, but rather was provided as a temporay clean- up/amenity for the neighborhood ora problem parcel' until a development pisn was devised. Sta~RePon P~: P~ Habitat'for I-Inmardty- P04=0034 Date: ~un¢ 17~ 2004 Pa~¢ 9'ofli Project will i~,act views' Concerned aboa~ ahort-tea-m and' transient residents (due to'high: nnmher-ofrenrers} Concern- a~ut subdividing parcel into substandard lots- Existing.. property own=s have be~n' &mied thi.~, opportunity Existing Condition~: A Lack of p .ayJdng in neighbo£uood - the lOok· of the n_eJ_'~hhorhoock -.- Habitat. s project will. prowde ownership rants.. Itabitat's agreement with the'City s~pulates-units Would'be targeted to'establish _a:I South San.F~nei.~¢o re~dent~: As diSeussedabove,...Babiatt has applied' to the Planning :CommiSSion for a PUDPermit; a discretionary permit' that. anows me nenq,aity, to viae xc ptio s to the Devel~entstandards of'the Zoaiag OrdinanCe based-on unique CkcummuceS: Habi~ believes the fact that they areproposing i 00%' of the units'as affordable to "vca'y low /ncome" fzlnilies; that- the affordab/lity restrictions wflI run · for 55 years,' and that. they am"for sale" traits are tmique project'~hmactari~cs:justifying, the req~__~e4 will lose two stre~parking, spaces, mom.cars I~om project Excessive W,u~c and speeding- project wi11 increase safety ~ B The principal' view be/ng affected is the view of the' green spot itself.' Habitat win attraetively landscape the proposed project. The attractive design of file project v~l enhance Lack ofpsrk~g in the n~ghborhood j~s_.an' existing problen~ The project willprOvide two enclosedpark~g spaces'as well as the ability to p~k a third car in. the driveway, This parking'meets the City standards and will be sufficient to.accommodate the need'of the occupants. Pr°posed Conditions of Approval and Habitat CC&Rs stipulate that the required parking spaces be mainmiued- and clearly indicate that they not be converted to habitable space'. Traffic aud' speeding, along Commemial Avenue by commuters is a concern the project cannot control. While 'the additional four-trait development will hm-rease trips, the street system is' designed to more than adequa~ly handle these traffic levels~ MOst of the ex/stag traffic concerns involve excessive parking on 2~ Lane due to parking shortages from existing projects~ The proposed project wfllprovide on-site park/ng to: mee~ the Zoning Ordinance -10- RE: peni~mla Habitat for Humauity- P04'0034 Date: June 17, 2004 Page 10 of I1~. Neighborhood demity- project will"addresidents to already crowded n~i~borhood This area has hi~rically been designated high demity residmtial'because of it~ proximity ~o the Downtown, access to m~jcr highways and because there are compatt'ble ~xisting uses. This ama/s zoned to en~omage the type of development ~i ~.proj eot proposes. General Plan Conformity lqnding In accordance with State Law, alt'proposals for sale Ofpr0pemy bythe Agency must be sUbmitted to~ the. Planning Commissi°n for review as to the property's conformity:with the City's' Gen~d Plan (Govtx COde 65402)... -- - · The City'S Gen~,al Plau/noludes policies to. promote deVeloPment of affordable family hoUsing throughout the'community (HOming Element.· Policies. 1'-4, 1-12, 1; 17'& 3-8)2 Additionally~ Housing. EIement PrOgram 1-4A directs.the Kedevelopment Agency to acquire sites that are either vacant; undemtili~.ed or'blighted and' make them available to non-profit hoUS/ng developers; the subject sale would be consistent With this program, - - .ighvlronment. oi ,i~l,e~-mlll at'on The prOposed. Project has be~n detea~,i~ed by City staffto, be.Categorically F_,xempt under the P_rovisious of CEQ.A' pursuant to Section 15332,1~11 Development Projects, since it ha~ been found to comply with the City's General Plan andZo~i~g Ordinance requirements, the project site is less than 5 acres,.the site has no value as habitat for endang~ed;" rare' or threatened species, the project would not result in any si~ificant traffic, noise, air or water quality impacts, and the site can be adequately, served by all'required'utilities' and pUblic services. Because the project is exempt, in accordance with the CEQA, the Plauning Commission need take no flit[her action. CONCLUSION: The Kedevelopment Agency pnrchased the subject site with Housing Set Aside funds with the express intention of W°rking with a non-profit deVeloper to construct affordable housing on the site, Peninsula Habitat for Humanity was selected in large part for its reputation for developing quality for sale projects for very low-income families. Although a "for sale"prOject requires discretionary Planning Commission apprOval, which a standard aparanent building would not, REi Pen~nmfla Habitat for Hmnun~ty' P04-0034 Date: June 17, 2004 page lI. ofll Redevelopment AgencY sts;ffbelieved a ~'fOr sale" project would bepreferred by tile neighborhood, and recommended that Habitat pursue the required approvals. AS. described'above, the project, including the prospective sale of the land, complies with the goals' and'policies"of the City's General plato.' Additioually, as outlined above, there' are unique.. project, features' which staffbelieves Would 'support.the requested exceptions: to the City' s General DevelOpment smmdardS as-provided by the Planned Unit DevelOpment ProcedUres. SUbject. toapproval of the.exceptiOns, the project meets or exceeds.the requirements of the Zoning Ordinance. In addition, the Design Review' BOard. has reviewed the project and' found. 'the proposal'to' comPlY with the City's Design Guiclelines;. TherefOre, staff recommends that'the ?II~ning Corntn~msiolI approve Planned Unit Development. pemait PUD04-000! to allow construction of foUr detached single fmmily homes with a redueti0n:in standard tot sizes' and side yard setback requirements, TentatiVe Parcel. Map PM0~0001 to allow the existing parcel to be: divided into four (4)'25 f~. by 70 f~ lots, Dm~ Aff°rdable HOUSing Agreement AHA04-0001 to enSure'affordability of all of the ,m~ts~. amd Planning iComm~ssion ACtion ?CA04,0001 finding' the prospective sale of the-property by the Redevelopment AgenCY to be in compliance with the. ATTACKS:. Proposed Findings of Approval: Proposed Conditions"ofApproval'. 'Dra/%: Affordable HOUSing Agremment Packet from Habitat incl. Sample. CC~Rs CorrespOndence from neighbofliood HoUSe plan~ Tentative Parcel Map -12- Planning Commission Staff Report DATE: TO: SUBJECT: June 17, 2004 Planning Commission Peninsula Habitat for Humanity- Planned Unit Development and Tentative Parcel Map application to divide a 50 fi. by 140 ft. lot into four (4) 25 ft. by 70 ft. lots, with a single family home on each, with requested exceptions to the standard lot size (area, length and width) and side setback requirements and fin Affordable Housing Agreement restricting affordability on all units on a site located at 440 Commercial Avenue, in the R-3-L Multiple Family Residential Zone District in accordance with South San Francisco Municipal Code Chapters 20.20, 20.84, 20.125 and Title 19 (Subdivision Ordinance)~ · General Plan Conformity finding for a prospective sale by the City of South San Francisco ora 7,000 sq. ft. property located at 440 Commercial Avenue in accordance with provisions of State Planning Law (Govt. Code Sect. 65402) Case Nos. PROJECT NO. P04-0034: Planned Unit Development PUD04-0001 Tentative Parcel Map PM04-0001 Draft Affordable Housing Agreement AHA04-0001 Planning Commission Action PCA04-0001 Applicant: Peninsula Habitat for Humanity South San Francisco Redevelopment Agency RECOMMENDATION: It is recommended that the Planning Commission approVe' Planned Unit Development PUD04-0001, Tentative Parcel Map PM04-0001, Draft Affordabl~ Housing Agreement ~,HA04-0001 and Planning Commission Action PCA04-0001 based on the attached findings and subject to the attached Conditions of Approval BACKGROUND In the fall of 2001, the previous owner of the site approached the City to dete~:,,,ine its interest in acquiring the vacant lot. Earlier that year, the City reached an agreement to allow the City to create a "green spot" which included a small walkway and a few parking spaces at the lane. This -13- Staff'Report RE: ?~ninnula Habitat for Humanity- P04-0034 Date: June 17, 2004 Page 2 of 11 was a si~ificant improvement to a vacant lot that had been collecting trash and debris. The "green spot" was understood to be a temporary situation until the lot was developed and in thc interim provided an amenity to the neighborhood and eliminated a problematic ~imation for the community. The Agency, in prior years, had also acquired and rehabilitated the property at 339- 341 Commercial Avenue, turning a blighted and crime-ridden area into a residential property that improved the appearance of the entire neighborhood, Realizing the oppommity to acquire a vacant site with no toxic conditions and at a reasonable price, the Redevelopment Agency acqnired the property for a potential new housing project. The Agency's intent was to advance the production of new residential units affordable to low and moderate income working families as required by the Association of Bay Area Governments (A.BAG). The City had recently been notified of its .obligation to produce nearly 800 affordable units to meet its fair share State allocation. The previous owner had given a 'Hght of first refusal" to the immediate neighbor who was offered the property and declined to purchase. At that time,~the Agency notified the adjacent property owners of its intent to acquire and executed a Purchase and Sale Agreement, taking ownership of the site in December of 2001. In 2002, a representative of Habitat for Humanity approached the City to determine the possibility of a joint venture to provide much needed housing that would be affordable to very low income worldng familiesl Habitat developed a feasibility analysis and prepared preliminary financial pro formas and design concepts for presentation to the City. This phase was undertaken by Habitat, without cost to the City, and initiated the entitlement process for the proposed development. .' While the Zoning Ordinance permits outright a four-unit apartment Project on the Site Subject only to a Design Review approval, the City and Habitat were interested in a for-sale project rather than rental housing. In order to construct a "for sale"project on this site under the City's Zoning provisions, a Planned Unit Development permit must be approved by the Planning Commission. ' ' DISCUSSION: PROPOSED PROJECT Penin.qula Habitat for Humanity proposes to divide the 50 ft. by 140 ft. lot into four (4) 25 ft. by 70 ft. lots, with a single-family home on each, with requested exceptions to the standard lot size (area, length and width) and side setback requirements. All units would be sold to families with annual incomes between 30% and 50% of the San Mateo County Median income level. -14- StaffReport RE: Peninuula Habitat for Humanity- P04-0034 Date: June 17, 2004 Page 3 of 11 Requested Entitlements: Parcel Map - to divide the lot into four separate parcels, 25 f~. by 70 fi. each (1,750 square foot lots) Planned Unit Development (PUD) Permit - In order to provide a "for sale" product, the applicant has requested exceptions under the provisions of the PUD Ordinauce to divide the prop~3~ into smaller thau standard lots, and to allow a reduced side yard setback. Design The project consists of 4 single family detached homes on a 50 ft. by 140 ft. rectangular parcel. Each home would be 1,356 sq. ft., with three bedrooms, two baths, and a two-car tande~n garage. The first floor would contain the main entry, the garage and a trash storage area. The second · floor would contain the kitchen, cloning room, living room, bath and two bedrooms. The . floor would contain a master bedroom and an open office nook/study. Exterior building ~ materials would consist of horizontal lap siding along the lower haJ.f of the building and vertical siding along the upper ha~ with a composition shingle roof. Decorative elements including a trellis above the garage door and shutters are also proposed to add color and interest. The Design Review Board considered the project at a prel~mln,ry meeting in January 2004, and at a formal meeting in March. With the exception of the following mh~or finish and landscape comments, included as conditions of approval, the Design Review Board was pleased with the proposal and found the design consistent with the City's Design Guidelines: 1. Regarding the tall shrub list - Orchid Kockrose will last only 5 to 6 years - consider using another Plant better suited to the climate and soil type, The same applies to Lavender. 2. Consider a smooth face on the horizontal lap (drop-siding) rather ~h~n a roughly surfaced lap. ZONING CONSISTENCY The site is zoned R-3-L, Multi-family Residential Zone District. With the exception of lot size and side yard setbacks, discussed in further detail under the Plan~ed Unit Development section, the project meets or exceeds the Staudards ofthe zone district as outlined in the renewing table: -15- StaffReport RE: .Penin.qula Habitat for Humanity- P04-0034 Date: June 17, 2004 Page 4 of 11 Zoning Requirement Proposal Lot Area 5,000 square feet minimum 1,750 square feet - Lot width 50 feet minimum 25 feet - Lot depth 80 feet minimum 75 feet Setbacks - Front 15 feet 15 ft. on Commercial Ave., 20 ft. on 2~ Lane -.Side 3 feet minimum 4'8"ft. on one side, 4"on other - Rear 10 ft. 10'6" ft. Density 1 unit per 2,000 sq. ft. (4 4 units units) Driveway Apron 20 ft. 20ft. Lengths Height 50 feet maximum 30'- 4" Parking 2 per unit (1 in enclosed 2 per unit (2 tandem garage) Spaces in enclosed garage) Lot Coverage 65% 48% Inclusionary 20% or 1 unit 100%, 4 units · Housing Obligation Planned Unit Development The Planned Unit Development permit provides the Planning Commission a mechanism to allow diversification in regulations such as setbacks, building heights, parking, lot sizes, landscaping, etc. while ensuring substantial comphance with land use and density regulations subject to making the findings required of the ordinance that the exceptions will result in a superior project or will otherwise be of general benefit to the Community. In order to provide a "for sale" product, the applicant has requested "exceptions" under the provisions of the PUD Ordinance to divide the property into smaller than standard lots, and to allow a reduced side yard setback. All other general development standards would be met or exceeded. Habitat believes the fact that they are proposing 100% of the units as affordable to "very low income" families, that the aff°rdability restrictions will mu for 55 years, and that they are "for sale" units are unique project characteristics which will benefit the community and justify the requested exceptions. -16- StaffReport RE: Penin.~ula Habitat for Humauity- P04-0034 Date: June 17, 2004 Page 5 of 11 Staff supports the proposed exemptions in this very special circumstance because the project, as designed, furthers the goals of the General Plan, specifically the Housing Element goals and policies, as outlined in the following section, which also encompass the goal of meeting the ABAG Regional Housing Needs numbers. GENERAL PLAN POLICIES Land Use Element The Land Use Element designation for the subject site is Downtown High Density Residential. This designation includes both a minimum and maximum density range for developments in this area. The maximum density allowable on the site is 30 units per acre, or 1 unit per 1,452 sq. f~., which would allow a maximum of 5 units on the site. The m~mum density allowed on the site is 25.1':,units per acre, or 1 unit per 1,735 sq. i~., for a rn~niraum required density of 4 urfits on the site. Accordingly, redesign of the proposed four-unit project with fewer units, as has been suggested by several neighbors, would likely require a Gene~ Plan amendment. Although the City Council could amend the General ?lan, such a change in turn could have ramifications to other areas of the City since, in accordance with state law, any reduction in density in the Downtown High Density area would likely necessitate a commensurate increase in another part of town in order to ensure continued compliance with the ABAG housing obligations and the City's Housing Element. Housing Element/ABAG State law requires cities to address the needs of all income groups in their housing elements. The Association of Bay Area Governments, ABAG, is designated by the state to develop regional projections of housing needs for the Bay Area P,.egion and to allocate shares of this need to individual cities in the region. South San Francisco's allocation for the 1999-2006 period was determined by ABAG to be 1,331 units, broken down in the following income categories: Income Category ABAG Need Determination Very low 277 units Low, 131 units Moderate 360 units Above Moderate 563 units TOTAL 1,331 units -17- StaffReport RE: P~ninmala Habitat for Humanity- P04-0034 Date: June 17, 2004 Page 6 of 11 In 2001, when the City adopted the Inclusionary Housing Ordinance, the City Council agreed to accept responsibility for providing the very low-income units, which is the most difficult affordability range to provide for, and the development community through the provisions of the Inclusionary Ordinance would provide the low- and moderate-income units. The Habitat project exclusively targets this "Very low" income category. The Housing Element of the City's General Plan contains many policies to support construction of affordable family housing as proposed by Habitat, including the following: Policy 1-4 The City shall work with for-profit and non-profit developers in consolidating infill parcels designated for multi-family residential development when it facilitates efficient development of the parcels. Prgm 1-4A The Redevelopment Agency shall acquire sites that are either vacant or were developed with vacant, und~rutilitzed, blighted, and nonconforming uses and will make the sites ava/lable to non-profit developers. The Redevelopment Agency acquired this site, which was previously undeveloped and an eyesore in the neighborhood, with Housing Set-aside funds with the intention of working with a nonprofit organization to develop the site for affordable housing. Policy 1-5 The City shall promote the construction of lower cost units by providing incentives and encouraging mixed use projects, second units, density bonuses, loft-style units, and manufactured housing. Prgm 1-5A The City shall review its Zoning Ordinance to assure that it has the tools and flexa'bility needed to encourage a variety of unit sizes and mix of housing types including single family condomininm~, cluster projects, PUDs, towahomes, cooperatives, mobile homes, senior projects, and manufactured housing. As provided for by the implementing program, the PUD ordinance provides the flexibility to provide a variety of housing types. Currently, the City has no affordable housing programs of the type proposed by Habitat, a 'for sale" product for very low-income South San Francisco families. Policy 1-12 The City shall support efforts to generate affordable housing. Prgrn 1-12A The City shall allocate redevelopment funds to non-profit housing agencies that -18- Staff Report RE: Peninsula Habitat for Humanity- P04-0034 Date: June 17,2004 Page 7 of 11 assist in providing or developing low-income housing through such means as p .roviding funds for land purchase and rehabilitation. Policy 1-17 The City shall ensure that the objectives oftbi~ Housing Element are carried out within the Element's timeframe. As indicated above, provision of four very low income housing units on the site, rather than one low income unit which would be the standard required under the Inclusionary Ordinance, would increase the City's progress toward meeting this goal. Poliey 3-1 The City shall continue to give special attention in housing programs to the needs of special groups, including the disabled, large families, the elderly, and families with low incomes. Each of the proposed three bedroom units would be targeted specifically toward very low-income families. Parcel Map Subject to approval of the exceptions requested under the PUD, the Tentative Parcel Map complies with the standards and requirements of the City's Subdivision Ordinance and with the State Map Act. Neighborhood Meeting/Concerns A neighborhood meeting was held on May 13, 2004, where a number of issues were raised by the Community, as outlined below. Additionally, several letters and emails have been received, attached, voicing substantially the same concerns. The concerns fallinto two general categories, concerns with the proposed project and concerns that the proposed project will exacerbate existing neighborhood problems. In the tables below, Column "A" lists neighborhood concerns and Columu "B" lists responses/plans of action provided by either staff or Habitat to address the concerns. -19- StaffReport RE: Penln~fla Habitat for Humauity- P04-0034 Date: June 17, 2004 Page 8 of 11 Proposed Proiect: A The size of project- three stories, is in¢ompaU'ble with neighboring homes Density of project- too many units, too many bedroom% too many people Project will lower property values The exterior of the units will not be maintained Hours of construction, workers using parking during construction, other construction impacts will affect neighborhood Children will lose play area B The existing neighborhood includes a-wide variety of homing types, sizes and shapes, including one story single family md three story block apartment buildings. The project has been designed to blend into the neighborhood, · with a design that transitions from a two story design closer to the street, with a partial:third floor at the mar of the residence (only the master bedroom for each unit occupies the third floor). This is a shnilar design to existing development in the area. (The block presently has seven other 3-story buildings.) .Additionally, the design review board has reviewed the project aud umuimonsty found it the design consigea~t with the City's Design Guidelines. The General Plan designates this area of the Downtown High Density Residential, a designation intended to provide increased density around the downtown core to support co,;--ercial growth. The proposed density is entirely consistent with the General Plan policies. Additionally, a reduction in number of units would require a substantially higher City subsidy, likely rendering the project infeas~le. ~ : Habitat has provided documentation, attached, to contradict thi,q concern, indicating that Habitat's ownership units bring stability and investment to neighborhoods. Habitat will have CC&Rs tied to its sale agreements to ensure exterior maintenauce of the units. A sample is attached. Habitat will develop a "Construction Management Plan" to address construction phase impacts, including paddng, construction hours, dust control, etc., which is included as a Condition of Approval. Habitat will also have an onsite project manager and contact phone number posted on the property. The "green spot" was never intended to provide permanent parkland, but rather was provided as a temporary clean- up/amenity for the neighborhood of a problem parcel until a development plan was devised. -20- StaffReport RE: Penimula Habitat for Humanity- P04-0034 Date: June 17, 2004 Page 9 of 11 Project will i~?act views Concerned about short-term and transient residents (due to high number of renters) Concern about subdividing parcel into substandard lots - Existing property owners have been denied thi.~ opportunity The principal view boing affected is the view of the green spot itself. Habitat will attractively landscape the proposed project. The attractive design of the project will enhance the look of the neighborhood. Habitat, s project will provide ownership units. Habitat's agreement with the City stipulates units would be targeted to established South San Francisco residents. As discussed above, Habitat has applied to the planning Commission for a PUD permit, a discretionary permit that allows the flexibility tn provide exceptions to the General Development standards of the zomg Ordinance based on unique circumstances. Habitat believes the fact that they are proposing 100% of the units as affordable to "very low income" famil/es, that the affordability restrictions will mn for 55 years, and that they are "for sale" units are unique project characterizes justifying the requested exceptions. Existing Conditions: A B Lack of parking in neighborhood - will lose two street parking spaces, more cars'f~om project Excessive traffic and speeding- project will increase safety hazards Lack of parking in the neighborhood is an existing problem The project will provide two enclosed parking spaces as well as the ability to park a th/rd car in the driveway. This parking meets the City standards and will be sufficient to accommodate the need of the occupants. Proposed Conditions of Approval and Habitat CC&Rs stipulate that the required parking spaces be maintained and clearly indicate that they not be converted to habitable ~aoe. Traffic and speeding along Commercial Avenue by commuters is a concern the project cannot control. While the additional four-unit development will increase trips, the street system is designed to more than adequately handle these traffic levels. Most of the existing traffic concerns involve excessive parking on 2~ Lane due to parking shortages fi:om existing projects. The proposed project will provide on-site parking to meet the Zoning Ordinance -21- StaffReport RE: Penin.qula Habitat for Humanity- P04-0034 Date: June 17, 2004 Page 10 of 11 Neighborhood density- project will add residents tn already crowded neighborhood This area has historically been desi~ated high density residential because of its proximity to the Downtown, access to major highways and because there are compatible existing uses, This area is zoned to encourage the type of development this project proposes. General PIan Conformity Finding In accordauce with State Law, all proposals for sale of property by the Agency must be submitted to the Planning Commission for review as to the property, s conformity with the City's General Plan (Govt. Code 65402). The City's General Plan includes pOliCies to promote development of affordable family housing throughout thc community (Homing Element Policies 1-4, 1-12, 1-17 & 3-8~. Additionally, Housing Element Program 14A directs the Redevelopment Agency to acquire sites that are either vacant, underutilized or blighted and make them available to non-profit housing developers; the subject sale would be consistent with this program. Environmental Determination The proposed project has been determiued by City staff to be Categorically Exempt under the provisions of CEQA pursuant to Section 15332, lnfill Development Projects, since it has been found to comply with the City's General Plan and Zoning Ordinance requirements, the project site is less than 5 acres,~the Site has no value as habitat for endangered, rare.or threatened species, the project would not'result in any si~ificant lraffic, noise, air or water quality impacts, and the site can be adequately served by all required utilities and public services. Became the project is exempt, in accordance with the CEQA, the Planning Commission need take no further action. CONCLUSION: The Redevelopment Agency purchased the subject site with Housing Set Aside funds with the express intention of working with a non-profit developer to construct affordable housing on the site. Penin.qula Habitat for Humanity was selected in large part for its reputation for developing quality for sale projects for very low-income families. Although a "for sale" project requires discretionary Planning Commi.qsion approval, which a staudsrd apartment building would not, -22- Staff Report RE: Penin.uula Habitat for Humanity- P04-0034 Date: June 17, 2004 Page 11 ofll Redevelopment Agency staffbelieved a "for sale" pmj oct would be preferred by the neighborhood, and recommended that Habitat pursue the required approvals. As described above, the project, including the prospective sale of the laud, complies with the goals and policies of the City's General Plan. Additionally, as outlined above, there are unique project features which smffbelieves would support the requested exceptions to the City's General Development standards as provided by the Plauned Unit Development Procedures. Subject to approval of the exceptions, the project meets or exceeds the requirements of the Zoning Ordinance. In addition, the Design Review Board has reviewed the project and found the proposal to comply with the City's Design Guidelines. Therefore, st~tffrecommends that the Plauning Commlssion ~pprove Planued Unit Development permit PUD04-0001 to allow construction of four detached single family homes with a reduction in stand~d lot sizes and side yard setback requirements, Tentative Parcel Msp PM04-0001 to allow the existing parcel to be divided into four (4) 25 f~. by 70 ~. lots, Draft Affordable Housing Agreement AHA04-0001 to ensure affordability of all of the units,.aud Planning Commission Action PCA04-0001 finding .the prospective sale of the property by the Redevelopment Agency to be in compliance with the General Plau. : ATTARS: Proposed Findings of Approval Proposed Conditions of Approval Draft Affordable Housing Agreement Packet ~om Habitat incl. Sample CC&Rs Correspondence from neighborhood House Plans Tentative Parcel Map -23- PROPOSED FINDINGS OF APPROVAL P04-0034 (As recommended by staff on June 17, 2004) As required by the "Planned Unit Development Permit Procedures" (SSFMC Chapter 20.84), Title 19 (Subdivision Ordinance), and '~uclusionary Housing Requir~nents" (SSFMC Chapter 20.125), the Planning Commission makes the following findings in support of the request for approval of a Planned Unit Development and Tentative Pm'eel Map application to divide a 50 f~. by 140 ft. lot into four (4) 25 ft. by 70 ft. lots, with a single family home on each, with requested exceptions to the standard' lot size (area, length and width) and side yard setback requirements and an Affordable Housing Agreement restricting affordability on all units on a site located at 440 Commercial Avenue, in the R-3-L Multiple Family Residential Zone District in accordance with South San Francisco Municipal Code Chapters 20.20, 20.84, 20.125 and Title 19 (Subdivision Ordinance), based on public testimony and the materials submitted to the City .of South San Francisco Planning Comtu~ssion which include, but are not limited to: plans dated 3/4/04 prepared by David Crabbe Architect; the draft Affordable Housing Agreement; Tentative Parcel Map dated 4-23,04 prepared by R. enner Group; m~nutes of the March 2004 Design l~eview Board meeting; Planning Commission staff report dated June 17, 2004; and testimony received at the June 17, 2004 Planning Commission meeting: 1. The project is consistent with the General Plan Land Use and Housing Elements. The [and Use Element designates the property for Downtown High Density t[esidential uses. The proposed density of 25 units per acre is consistent with the provisions of Downtown High Density Residential use guidelines that identify a density of 25.1-30.0 units per acres on the site. The Housing Element contains many policies to support construction of affordable family housing as proposed by Habitat, including: Policy 1-4, directing the City to acquire underutilized sites and work with non profit housing developers to provide affordable housing; Policy 1-5, promoting flexibility in ordinances to encourage a variety of unit sizes and m~x of housing types; Policy 1- 12 supporting efforts to generate affordable housing by providing funds for laud ' purchases; Policy 1-17, supporting fulfillment of the Housing Element goals withi~ the Element's timeframe; and, Policy 3-1, targeting special needs groups such as family housing. The requested exceptions to the general development standards for lot size/dimensions and side yard setbacks are appropriate because the project includes the following enhancements which will offset any adverse impacts of the requested exCeptions: The proposed project includes 100% of its units as affordable "for sale" units targeted to "Very low income" families, with affordability guaranteed for 55 years. I) Provision of four very low income housing units on the site, rather than one low income unit which would be the standard required under the Inclusionary Ordinance, would increase the City's progress toward -24- 10. 2) 3) meeting its Regional Housing Needs and supports Homing Element Policy 1-17. Homing Element Policy 1-5 prOmotes the use °fincentives to encourage a variety of housing types. Currently, the City has no affordable housing programs of the type proposed by Habitat, a "for sale" product 'for very low-income South San Francisco families. In support of Housing Element Policy 3-1, to give special attention to special needs groups, the proposed project includes three bedroom units targeted specifically toward very low-income families. The site is physically suited for the proposed single family below market rate housing. The development will create a residential environment of sustained desirability and stability and will result in an intensity of land use similar to the adjacent neighborhood. The proposed density of 25 units per acre and the general style/quality of the homes and site improvements are substantially similar in scale and quality to the recent developments in the surrounding neighborhood. The dm~ Affordable Housing Agreement complies with the provisions of the City's Iuclusionary Housing oraln~,nce. All units will be provided for sale to rotes affordable to "very low income" families, with affordability restrictions running for 55 years. The proposed project has been determined to be Categorically Exempt under the provisions of CEQA. (Class 32, Section 15332: lnflll projects in urbanized areas). The proposal will not be adverse to the public health, safety, or general welfare of the COmrnutfity, nor unreasonably detrimental to surrounding properties or improvements. The proposed project is substantially similar in .terrng of density and bull and is consistent with general development patterns in the area. The proposal complies with the City's Design Guidelines. Subject to approval of the exceptions requested under the Planned Unit Development permit, the Tentative Parcel.Map complies with the requirements of Title 19 (Subdivision Ordinance) of the SSFMC and with the requirements of the State Map Act. The design and improvements of the Tentative Map, as conditioned, are not in conflict with any existing public easements. -25- PROPOSED CONDITIONS O17 APPROVAL P04-0034 (As .recommended by staff on June 17, 2004) A. Planning Division requirements shall be as follow: The project shall be constructed substantially as. indicated in the attached Plans prepared by David Crabbe Architect, dated 3/4/04, except as otherwise modified by the following condition,~: Final plans shall be modified to include a Smooth face on the horizontal lap siding and landscape plans shall be modified to replace orChid rockrose and lavender with other shrubs better suited to the climate and soft type. Prior to occupancy, the applicant shall pay a childCare fee in accordance with South San Francisco Municipal Code Chapter 20.115. This fee is subject to annual adjustment, and presently is assessed at $1;624.00 Per unit. ' All garage doors shall be Outfitted with a sectional garage doOr and automatic garage.door opener. 5. At no time shall any required garage space be converted to habitable space. 6. Any changes in exterior building materials or colors shall require the prior apprOval of the Chief Plauner. Prior to issuance of a building permit' the applicant shall prepare a construction management plan to minimize construction related impacts on the surrounding neighborhood. Such plan shall include, but not be limited to: parking management plan, erosion/dust control measures, au on-site construction manager, material delivery/staging, omgoing litter abatement, designated Habitat contact person with 24hr/7 day a week contact number, noise mitigation.work schedule, etc.,which shall be subject to review and acceptance by the Chief Planner and Chief Building Official. The applicant shall include CC&aRs, containing substantially similar Provisions to the attached sample CC&Rs dated 07/02/03, subject to review and approval by the Chief Planner and City Attorney. 9. The applicant shall comply with all STANDARD CONDITIONS OF APPROVAL. [Planning Division contact: Susy Kalkin~ Principal Planner (650) 877-8535] -26- B. Engineering Division requirements shall be as follow: 1. STANDARD CONDITIONS The applicant shall comply with all of the applicable conditions of approval detailed in the Engineering Division' s "Standard Conditions fora Single Family Home Constructed on an Existing '~u-Fill" Lot, as contained in our "Standard Conditions for Subdivisions and Private Developments" booklet, dated January 1998. 2. PROJECT SPBCIFIC CONDITIONS The developer shall submit on-site grading, paving, drainage, sanitary sewer, landscape and irrigation plans for review and approval. The gracling plan shall show existing and proposed contours, building pad elevations and the top and toe of existing and proposed slopes and retaining walls and all underground pipes and devices. b, The maximum driveway apron grade shall be 12%. The minimum driveway apron grade shall be 1%. The roof downspouts of each building shaU be collected and drained into a closed, rigid pipe system, connected to at least four 3" cast iron pipe curb drains installed under the public sidewalk and discharging into the Commercial Avenue gutter. The developer shall submit a soils and geotechnlcal report for the subject project at the time of submission of the Preliminary Parcel Map. Three copies of this report shall be submitted to the City Engineer for our use and records. The report .~hall address all aspects of the property's soils, geotechnical, and geological characteristics, inclua~ng: site history, earthquake hazards, retalniug walls, underground and surface drainage, and grading requirements, to the satisfaction of the City Engineer. The developer shall submit a plot plan for each home for the City's review and approval and for filing in our records. The plot plan shall show the elevation and location of property lines, easements, existing and proposed contours, building pads, structures, sewers, utilities, fences, site lights, walls, grading, slopes, trees, subdrains, gutters, swales and other surface and sub-surface facilities within the subject property. The applicant shall replace all of the existing broken or displaced curb, gutter, sidewalk, remove existing driveway approaches and replace with new curb, gutter and sidewalk along the entire Commercial Avenue frontage of the property, construct new sidewalk where needed along the entire frontage, including new driveway approaches vchere needed for access to the garages and other approved parking areas, in accordance with the approved plans and to the satisfaction of the Ci~s Construction Trisector. g. Ifrequired in accordance with the Uniform Building Code: Prior to receiving a building permit for any building, the applieant shall obtain a grading peimit from the En~neering -27- Division, grade the property in accordance with the approved plans and geotecbnical recommendations, and submit letters from the project civil engineer certifying the house pad elevations and from the project geotecbnlcal engineer certifying the compaction and grading aspects for the lots, to verify that they were properly compacted by the grading contractor. All improvements to be constructed within the Commercial Avenue and Second Lane fights-of-way shall be approved by the City Engineer and installed to City staudards. An encroachment permit for this work shall be obtained from the En~neering Division, by the developer, prior to receiving a building p.~mit for the new homes, i. 32l utilities and al~purtenances within the site shall be installed underground. 3. PARCEL MAP COND1TONS The subdivider shall comply with the requirements of the Engineering Division's "Standard Conditions for Tentative Parcel Maps", as contained in the En~neering Division's "Standard Conditions for Subdivisions and Private Developments" booklet, dated January 1998. The subdivider shall pay the Engineering Division's actual costs to retain a civil en~neer or laud surveyor to plan check and sign the parcel map as the City's Technical Reviewer. Appropriate reciprocal easements between the subdivision parcels, together with property D.C.C. & IL's, as needed to provide for access and the permanent repair and maintenance of Utilities, shall be provided in a fora and content acceptable to the City Engineer and the City Attorney and recorded in the County Records concurrently with the Parcel Map. [Engineering Division contact: Dennis Chuck (650) 829-6652] C. Fire Prevention requirements shall be as follow: 1.. A Fire sprinkler system is required per NFPA 13D. The applicant shall submit under separate fire plan review and pemait per building. 2. Premise identification per municipal code. 3. Comply with all other Fire Code requirements. [Fire Prevention contact: Maarice Dong (650) 877-8537] -28- WHEREAS, the Developer proposes meeting this requirement by selling the required number of Below Market Rate Units; and WHEREAS, the City has agreed that onsite sale of the Below Market Rate Units will be sufficient to.meet the requirements of the Inclusionary Housing Ordinance; and WI4F~, the Inclusionary Housing Ordinance requires the Developer's plans' and the City's conditions regarrtlng inclusi6nary housing be set forth in au Affordable HoUSing Agreement; and WHEREAS, Developer and City will enter into a Disposition and Development Agreement and City will convey Project Property to Developer to provide the low- and moderate-income housing; and WHEREAS, this Affordable Housing. Agreement is required as a condition of furore discretionary permits for development of the Project Property and shall be recorded against the Project Property;, NOW.TKE~FORE, the City and the Developer agree as follows: AGREEMENT As a condition of developing and constructing four (4).housing units on real property located in South Sau.FranciscO, which property is more .,p,~cularly described in E~hibit A~ incorporated herein aud att~hed hereto i ~0ject, Pro, petty' )' ,'Developer shall designate foUr (4) housing..units as BelOw Market Rate Units and shall-make these units available :for sale as BelowMarket Rate Units, BecaUSe Developer is receiving the Project Propertyfrom the City of South San FrauCisco Redevelopment Agency at less than Fair Market Value, and receiving additional financial assistance from,the Agency, all uuits constructed on the Property shall be Below Market Rate Units. The'Below Market Rate Units shall be affordable to lower income househoids guaranteed.by deed restrictions or other enforceable covenants nmuing with the land. The four (4) three-bedroom units will'be affordable to-households at-or below sixty (60%) of median-income. The Below Market Rate Units shall be located on the Project Propcm'y as more particularly described in Exhibit A. The Developer and theCity acknowledge this is an ideal area for such Below Market Rate Units asit is in close proximity to and has access to employment,opportunities, urban services and ~ortafion facilities. Resale restrictions for Below Market Rate Units shall be recorded upon close of escrow for said Units. The Below Market Rate Units shall remain restricted and affordable.to the designated income group(s) for a term of fifty-five (55) years. The term shall begin the date each Below Market-Rate Unit is sold and shall apply to ali subsequent buyers. 440 COMZVIEKCIAL AVENLTE - AFFORDABLE HO-_- ~-0- ~} AGREEMENT Page 2 of 4 RECORDING REQUESTED BY: DEPARTMENT OF ECONOMIC AND COIV~MUNITY DEVELOPMENT CITY OF SOUTH SAN FKANC~CO 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA94080 WHEN RECORDED MAIL TO: DBPAR~ OF ECONOMIC AND COIvi~tLrN1TY DEVELOPMENT CITY OF SOUTH SAN FRANCISCO 400 GRAND AVENUE SoIYrH SAN FRANCISCO, CA 94080 Documentary Transfer Tax $ EXEMPT County-of San Mateo City of South San Francisco [] Right of Way Agent AFFORDABLE HOUSING AGREEMENT BETWEEN ~ CITYOF SOUTH SAN FRANCISCO AND PENINSULA HABITAT FOR HUMANITY This Agreement is entered into this ~'day of~ 2004, by and between the City of South San Francisco ("City"), and Penin.~ula Habitat for Humanity.("Developer".) as a condition of approval of the development of the real property described in Exhibit A attached hereto (the '~Pr0j eot Property"). RECITALS WHEREAS, Chapter 20.125 of the South San Francisco Municipal Code sets forth the requirements for Inelusionary Housing ("Inclusionary Housing Ordinance"); and WHEREAS, the Developer is planning to construct housing units on the Project operty (the ~roject ) and has subnntted rote development plan for the Project; and WH2EREAS, the Developer is required by the Inclusionary Housing Ordinance to set aside twenty percent (20%) of new housing as low-. and moderate.income level housing; and 440 CO/VIMEKCIAL AVENUE - AFFORDABLE HC - 2 9 -~ AGREEMENT Page 1 of 4 Developer shall sell the Below Market Pate Units to income eligible owner- occupants pursuant to Section 2. 5. Developer shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and again~ any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance related to the implementation of this Agreement and/or the sale of the four (4) Below Market Kate Units. 6. Developer shall pay an administrative fee to reimburse the City for all arlministrative/processing costs and fees incurred in processing the affordable housing plan, which may include attorney's fees and cost, and implementing the requirements of the Inclusionary Housing Ordinance. 10. 11. This Agreement shall run with the Project Property and shall be biurling on the parties hereto and their successors and assigns in accordauce with the time limit provide for in Section 3. This Agreement shall be recorded with the Disposition and Development Agreement at or prior to ~ map.recordation or, if a map is not being processed, prior to the issuance of building permits for the Project Property. Developer aud subsequent buyers shall provide City, or its assigned, a first right of refusal to purchase the Below Market Pate Units if any of the individual units, are offered for sale at auy point during the fifty-five (55) year affordability period. The right of first refusal to purchase the rental project shall be submitted in writing to the Director of the Depamnent of Economic and CommulIity Development. Within thirty (30) days of its receipt, the City shall indicate its intent to exercise the first right of refusal for the purpose of providing affordable housing and close escrow within ninety (90) days. Any amendments to this Agreement shall be processed in the same manner as an ori~ual application for approval pursuant to Section 20.125.150 of the South San Francisco Municipal Code. Nothing, however, shall prevent the body granting final approval of the project development, from modifying the location and phasing of inclusionary housing as a condition of approval for the project. The laws of the State of California shall govern this Agreement. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Mateo or in the United States Dislrict Court for the Northern District of California. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing patty 440 COMMERCIAL AVENUE - AFFORDABLE HC - 31 -~ AGREEMENT 'Page 3 of 4 12. 13. shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party maybe entitlect The court may set such fees in the same action or in a separate action brought for that purpose. If a court of competent jurisdiction fiuds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of-any other provision of this Agreement. Any notice or demand shall be made by certified or registered mail, return receipt requested, or reliable ovemigh! courier to the address of the respective parties set forth below: Developer: Penln,~la Habitat for Humanity 690 Broadway Street Redwood City, CA '94063 City of South San Francisco - City Clerk 400 Grand Avenue South San Francisco, CA 94080 14. Notwithstanding any previous provision of this Agreement, the terrn~ of this Agreement shall be interpreted in accordance va'th the provisions of Chapter 20.125 of the South San Francisco Municipal Code. IN wrrl~ss T¥~,REOF,. the parties have executed this Agreement as of the date first written above. OWNER: CITY: PENINSULA HABITAT FOR CITY OF SOUTH SAN FRANCISO .Michael A, Wilson, City Manager APPROVED AS TO FORM: Steven T. Mattas, City Attorney 440 COMMERCIAL AVENUE - AFFORDABLE H£ - 3 2 -i AGKEEMENT Page 4 of 4 To: From:--.G...,.e~ge :~ight Periin~ula Habitat for Huma~.ty May 25, 200:4 Page 1 ,of 1"5 Su~.'y - George, -33- '34- -37- '139. -41- to .dm-nohsh,'.remo.~e ,snd.:recon.~IrnCt~auff:~m'a .a 'marmm-not.mconsist~t prc~ousiy ,~hall'.have -42- m cmbmmhip .or' use -d.a~y Lot..or 7.2 be ar may ...... · ,: .. .... . ~. ........... - ..... . Y.- .:.~.(: .. ....... s?m~: ...To:om:) .:~at ,,~iit~ ':prcv~x 3~ ~s~'ms,m~n~ ~e' ~. ~h~ ~.mb~ .~--.~.o :~. ~2 :: :~ effect ~= ~of:~u~ ~1., .~0~3~ :'.'~:'~:S ,~h~:fOo~e'~e~ on ,~s:am~:~s;~ision:~~d]y ;.~ ~mt~~a -r~*~'`. d"~ ,'~.' .... ' ................ '"' ':'' ':.."'-:- .... "' '. ........... '.,,....., .- .., . . . '~.::~?.'.:.: .... .,. -....:. -,:- . . .. -. J'bc :~~.~yt~:t~~~.:~:~fi~.22:.: ; ....'./: ..:'..:'.:. :.--~ . .... -- :' i '" ""' '"'- .'. "' ' ....: .-':,' ::... "-..:'::--':::-:Lt':.,j':::'?~:':'~:~:(.i.:.,;~./-?"['...::./:': .:: .::., :::::':...?': :,/~.:~.-, ':::'. :(.:.',:.. :'..-: ... :..:.: ~. :':".'~:~:--.' ' :."::.: ;~~s~i~~ :.'::'?:'..:.":.:' :"":.:>.?" '"::.": ::: :' :"" :":.:" :."-:"""" '.' :::::' [.':.'.'. ::. [."] '" :'<":: -...:::. '~:[.) -: :f.:.:': .... "'.. . ':- .... : ........ '. ' . ". ..'. :~'.:.." . :.': :" ; ' ' . 4..,' . · '. ~':': .', ..' ':~e~o~,.,~r~::~:~d,,/:.:-'...' '. :: '.'"':l:]" ...[:?.':".:.': ::.: ' ,.....: . ., .:.. ~h~9] .... ~ ~ :p~ ~om .~o~14n . .. g ~t '~Pa~'om..'~of ; ~e .~ . ~~.. .... ~ea. '~ ~h ~]] ~~ ' ~1~~ ,. ~ ~,~v -45- 07I~t0~ ~_ · 07]OZtO~ -46- -:23- -47- ~une 1'1, Sauth.'Sa~ran'/'iS~, CA .'9~B80 -48- -49 - -50- -55- -56- -57- -58- · .~ .TH ?~l)J AC[!NT HOUSES ALONG COMMERCIAl, ,,\VENUE Peninsula } tabitat i:or Humanity- Four Houses on Commercial/\venue Existing Site Conditions 12/4/03 SITE FROM COMMERCIAL AVENUE .M3JACENT HOUSES AI.f)NG 5t::t~ (_ ND LANE Peninsula Habitat for Humanity 440 Commercial Avenue, South San Francisco PERSPECTIVE FROM COMMERCIAL AVENUE PENINSULA HABITAT FOR HUMANITY FOUR NEW THREE BEDROOM HOMES 440 COMMERCIAL AVENUE, SOUTH SAN FRANCISCO, CA. SUB~Ir/'~D FOR DESIGN REVIEW + AFFORDAELE HOUSING AGRE.EJdENT WDR~NING W~ / FEN~ ~ WE~ ~OPER~ LINE PROJECT DATA ZONING: R-3 R-3 S~TE AREA: 7,000 SF 7,000 SF NUMBER OF UNITS: 4 GROSS FLOOR AREA: 8,160 SF BLDG. CO~qERAGE: 65% MAX. 48% FRONT: 15' 15'& 20' S~E: 5' 4'-8" REAR: N/A N/A DRIVEWAY: Z0' Z0' (FROM BACK OF SIDEWALK ~* COMMERCIAL & FROM P~OPERTY UNE · SECOND LANE) HEIGHT: 50' IdAX.. 30'-4" PARFJNG: 2 PARKING: 2 CARSAJNIT + CARS/UNiT 1 GUEST PARKING(A.H.A. EXCEPTION) (~ RETAINING .WALL / FENCE '@ EAST PROPERTY UNE EXISTING 2-STORY RESIDENCE EX/STING RESIDENCE E,~1ETING 2-STORY BUILDING EX/STING SHED 1/8"- 1'-0" EXI57'ING Z-STORY BUILDING LOCATION PLAN SLIBMITTED FOR DESIGN REVIEW + AFFORDABLE HOUSING AGREEMENT SUBMITTED FOR DESIGN REV1EW + AFFORDABLE HOUSING AGREEMENT I i, EXISTING HOUSE i 50'-0" r (NO_T p~..R~r. OF. HABITAT PROJE_CT) m ..... COMMERCIAl_ STREET ELEVATION (SECOND LANE ELEVATION SIMILAR) EXISTING HOUSE (NOT P?R~" OF HA_BITAT PROJECT) SIDE ELEVATION DESCRIPTION OF MATERIALS & COLORS: SLIBMiTI'ED FOR DESIGN REVIEW + AFFORDABLE HOUSING AGREEMENT COMMERCIAL STREET ELEVATION (_SECOND LANE ELEVATION SIMILAR) GRAPHIC SCALE SUBMITTED FOR DEIGN REVIEW + AFFORDABL~ HOUSING 4GREEMENT EX]STING HOUSE j. 50'-0" I~ EX]STING HOUSE (NOT PART OF HABITAT PROJECT) m (NOT PART OF HABR'AT PROJECT) COIdldERCIAL STREET EI~"VATION (SECOND LANE ELEVATION SIMILAR) SUBHITTED FOR DESIGN REVIEW AFFORDABLE HOLISING AGREEMEHT 4 HOUSES ON COMMERCIAL AVE. SOUTH SAN FRANCISCO, CALIFORNIA , ' . PEN NSULA HABITAT I I i I FoR HUMAN TY I I m EXISTING RsDwooocrn',c~ I ] 2-STORY ' · -- RESIDENCE Consultant II · : ' '" ' I . REEIDENCE // I ~ I 3 Eoo FR~ I I I ' [ ~,F-sC FP,~ / ' I , ' ~ I~ I & ASSOCIATES, INC. I __ .__ __ ..., ..~.~.=.,,,~ I ,~. =,i ........ . ,,: ..... . ' ... ~ .... .:~ ~' I · I I S~D , 2-~ORY · · ~ BUILDING .' I ] I .~ 2-~o~Y S'U~GESTED PLAflT LIS~ I . !~ I r BU~G ~"~"~ ~5~ ~N~ ~s~uA'~' Date I . ~ I · I .... I. I ....~.. '. u~,~.~,.~ . · . .-., , ~ . ;::'. ':. ~ .~ .~.~ ~ _ ~ :.. .' ~ ~ ~~e~ sT~[ . N~TH .[. DATE: July 14, 2004 TO: Honorable Mayor and City Council FROM: Marty Van Duyn, Assistant City Manager SUBJECT: MITIGATED NEGATIVE DECLARATION ASSESSING ENVIRONMENTAL IMPACTS OF A NEW 16 UNIT RESIDENTIAL SUBDIVISION, IN ACCORDANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT. PLANNED UNIT DEVELOPMENT ALLOWING 6 DETACHED SINGLE FAMILY DWELLINGS AND 10 ATTACHED TOWN HOMES, AND COMMON AREA WITH EXCEPTIONS FOR SMALLER LOTS, INCREASED LOT COVERAGE AND REDUCED BUILDING SETBACKS, TENTATIVE SUBDMSION MAP CREATING 16 RESIDENTIAL LOTS AND COMMON AREA. DESIGN REVIEW OF 6 DETACHED SINGLE THREE-STORY FAMILY DWELLINGS AND 10 ATTACHED THREE-STORY TOWN HOMES AND A SMALL ON-SITE TOT LOT. AFFORDABLE HOUSING AGREEMENT BETWEEN THE APPLICANT AND THE CITY OF SOUTH SAN FRANCISCO FOR THE CONSTRUCTION OR REHABILITATION OF THE EQUIVALENT OF 3.2 DWELLINGS AS AFFORDABLE HOUSING UNITS. PROPERTY LOCATION: SOUTHEAST CORNER OF Hlt.LSIDE AVENUE AND STONEGATE DRIVE (APN 012-110-310 & 012-110-320) IN THE MEDIUM DENSITY RESIDENTIAL (R-2-H-P) ZONE DISTRICT. SSFMC: CHAPTERS 20.87 & 20.125 AND TITLE 19. OWNER: APPLICANT: CASE NO: HILLSIDE LAND L.L.C., BY JOHN HANSEN PAUL E. DAVIS PUD 01-012, SA 01-12, DR 01-012 & ND 01-012 RECOMMENDATION That the City Council to approve: · Mitigated Negative Declaration assessing environmental impacts of a new 16 unit residential subdivision, in accordance with California Environmental Quality Act · Planned Unit Development allowing 6 detached single family dwellings and 10 attached town homes, and common area with exceptions for smaller lots, increased lot coverage and reduced building setbacks · Tentative Subdivision Map creating 16 residential lots and common area Staff Report Subject: (Stonegate Estates) Page 2 of 2 Design Review of 6 detached single three-story f~mily dwellings and 10 attached three- story town homes and a small on-site tot lot Affordable Housing Agreement between the applicant and the City of South San Francisco for the construction or rehabilitation of the equivalent of 3.2 dwellings as affordable housing units, with findings and conditions of approval as recommended by the Planning Commission. BACKGROUND / DISCUSSION The Planning Commission last heard the proposal on June 17, 2004. The project was also reviewed in four Design Review Board meetings, two Planning Commission study sessions, aud a neighborhood meeting. The applicant has been cooperative in working out challen~ng design details on a difficult, steep site. Details of the project and of meetings and discussions can be found in the Planning Commission staff report of June 17, 2004, attached. CONCLUSION After a lengthy and complex review process, the Planning Commission recommends that the City Council approve the project, as noted above. By: ~ By: Assistant City M~j~ger 'Michael A. WilXson City Manager Attachments: Draft Council Resolution Dra/t Conditions of Approval Draft Planned Unit Development Findings of Approval' Draft Tentative Parcel Map Findings of Approval - Planning Commission Resolution 2636 June 17, 2004 Planning Commission Minutes June 17, 2004 Planning Commission Staffreport with attachments Plans RESOLUTION NO. CITY COUNCIl,, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION OF THE CITY COUNCIL APPROVING A-MITIGATED NEGATIVE DECLARATION, PLANNED UNIT DEVELOPMENT, TENTATIVE SUBDIVISION MAP AND AFFORDABLE HOUSING AGREEMENT' FOR THE PROPERTY LOCATED AT THE INTERSECTION OF HILSIDE AVENUE AND STONEGATE DRIVE AS SUBMITTED BY HILLS[DE LAND LLC FOR STONEGATE ESTATES. WHEREAS, the intersection of Hillside Avenue and Stonegate Drive, specifically the approximate 1.4 acres that constitute the proposed development, is presently occupied by two contiguous vacant and undeveloped sites; and, WHEREAS, the surrounding properties are developed as commercial or medium-density residential; and, WHEREAS, the applicant has proposed to merge and develop the sites with 16 units of single-family residential housing in sixteen separate buildings on the site ("the Project"); and, WHEREAS, the proposed Project includes as a part of the Affordable Housing Plan the creation of 3.2 dwelling units offsite to be reserved as affordable to persons or families of low to moderate income; and, WHEREAS, the property is designated as "Medium Density Residential" in the General Plan, as adopted in December 1999 and subsequently amended, and zoned R-2-H-P Medium Density Residential; and, WHEREAS, the Project includes a Mitigated Negative Declaration assessing environmental impacts of the new 16 unit residential subdivision, in accordance with the California Environmental Quality Act, a Planned Unit Development allowing six detached single family dwellings and ten attached town homes, a Tentative Subdivision Map creating sixteen residential lots and common area, which if approved, will secure a right to develop the property in accordance with the terms and conditions of the application, ordinances now in effect and other conditions that may be imposed by the City Council during the approval process, and an Affordable Housing Agreement between the applicant and the City of South San Francisco for the construction or rehabilitation of the equivalent of 3.2 dwellings as affordable housing units; and, WHEREAS, the Planning Commission reviewed the proposed project at a study session in December of 2002, at which several modifications and changes to the project were requested to accommodate community and Planning Commission concerns; and, WHEREAS, the project was revised to reflect the changes requested by the Planning Commission; and, WHEREAS, on June 17, 2004, the Planning Commission held a properly noticed public hearing to consider the proposed land use entitlements; and, WHEREAS, at its meeting of June 17, 2004, the Planning Commission considered the application and heard public comments and recommended by a 6-0 vote (with one commissioner absent) that the City Council approve the Mitigated Negative Declaration, the Planned Unit Development, the Tentative Subdivision Map, and the Affordable Housing Agreement. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby adoptS the following findings based upon the entire record for the Stonegate Estates development, including without limitation, the South San Francisco General Plan, and General Plan Environmental Impact Report, the proposed Planned Unit Development Permit, the Development Standards, the Draft Conditions of Approval, the Draft Planned Unit Development Findings, the Draft Tentative Parcel Map Findings, the Draft Affordable Housing Agreement, the Design Review Board Meeting Minutes of February 20, 2001, July 17, 2001, November 20, 2001 and November 19, 2002, Planning Commission Minutes of December 6, 2001, December 19, 2002, and June 17, 2004, the Neighborhood Meeting Notice, Notes and Attendance, the Draft Affordable Housing Agreement, the Applicant's Project Narrative, Plans, the Mitigated Negative Declaration, the Planning Commission staff report dated June 17, 2004, testimony and materials submitted at the Planning Commission meeting on June 17, 2004, and testimony and materials, submitted at the July 14, 2004, duly noticed public hearing of the City Council. 1. Mitigated Negative Declaration. City Staff prepared and circulated a Mitigated Negative Declaration for twenty days in accordance with the California Environmental Quality Act (CEQA). The public comments period started on April 4, 2003 and ended on April 24, 2003. No substantive comments were received. The Mitigated Negative Declaration adequately describes the impacts of the project, most of which relate to storm water runoff, construction impacts, traffic, and aesthetics. As reflected in the Mitigated Negative Declaration, the proposed mitigation measures are included as conditions of approval to reduce these impacts to a less than significant level, and include dust suppression, storm water pollution prevention program, acoustic insulation of dwellings, a construction noise reduction program, and landscaping restrictions to ensure traffic sight lines at the western project entry. Project specific environmental effects have been analyzed in the Initial Study/Mitigated Negative Declaration which determined that the project will not have a significant effect on the environment with the application of mitigation measures identified in the Mitigated Negative Declaration. There is no substantial evidence in light of the whole record before the City that the project as mitigated will have a significant effect on the environment. The Mitigated Negative Declaration has been completed in compliance with CEQA and the CEQA Guidelines. The Mitigated Negative Declaration is complete and adequate and reflects the City's independent judgment and analysis as to the environmental effects of the proposed land uses. 2. Planned Unit Development Permit. As required by the Planned Unit Development Procedures [SSFMC Chapter 20.84], the following findings are made in approval of a Modification of a Residential Planned Unit Development 01-012, to approve a residential Planned Unit Development allowing a new residential development consisting of 6 detached single family dwellings and 10 town homes with common area: A. The 1.4 acre site is physically suitable for a new 16 unit residential development with common area. Exceptions for the development include reduced lot size, increased lot coverage and reduced building setbacks are similar to those allowed for other area residential developments. The new dwellings are of similar style to existing adjacent dwellings and shares similar floor area ratios. The new development is in conformity to the area in that the development closely mimics the lot area of the surrounding dwellings, general architecture and landscaping. A Geologic and Geotechnical Report has been prepared by the applicant's consultant. The report has determined that the site is suitable for development if the report recommendations are implemented. The City's Design Review Board recommended approval of the proposed development. Conditions of approval require that the development of the site follow the recommendations contained in the reports and conform to the City's development standards B. The new residential development has been reviewed and recommended for approval by the City's Design Review Board as consistent with the City of South San Francisco Design Guidelines and to provide a high quality of fit w/th the existing neighborhood. The new dwellings with exceptions are similar in design, floor area ratios and lot configuration as many of the existing neighborhood dwellings. The new lots will reinforce a residential environment of sustained desirability and stability by matching the development quality and design. C. The new residential development with a resulting density of 11.43 units per net acre will result in a land use intensity no higher than that permitted by the General Plan Land Use Element designation of the site of Medium Density Residential with a maximum density of 18.0 units per net acre and the maximum density of 15.0 units per net acre allowed by the site's Zoning of Medium Density Residential Zone District [R-2-H-P]. D. The proposed development is consistent with the General Plan Land Use Element designation of the site of Medium Density Residential and the Housing Element that encourages the development of housing to meet the City's fair share housing need. E. The new residential development will not be adverse to the public health, safety or general welfare of the community, or unreasonably detrimental to 3ot5 -3- surrounding properties or improvements. The development is designed to comply with the City design guidelines and the architectural theme of the surrounding residential enclave. Conditions of approval are attached which will ensure that the development complies with local development standards and requirements. Payment of childcare impact fees will help to improve childcare services Provision of the equivalent of 3.2 affordable dwellings will assist the City in meeting the need for affordable housing. 3. Tentative Subdivision Map. As required by the Tentative Subdivision Map Procedures [SSFMC Title 19], the following findings are made in approval of P01-0012, to approve a Tentative Subdivision Map allowing a new residential subdivision consisting of 6 single family dwellings, 10 town homes, and common area with exceptions for smaller lots, increased lot coverage and reduced building setbacks: A. The proposed lots generally conform with the requirements of the State Subdivision Map Act and with the requirements of the City of South San Francisco Title 19 Subdivision Code. The map conforms to City standards with regards to design, drainage, utilities, and road improvements. No offers of dedication are required. The lots, which vary in size and dimension, are equivalent or larger than the sizes and configuration of residential lots in the immediate project vicinity, but are less than the City's minimum lot size requirements. The Planned Unit Development associated with the proposed development allows exceptions to the City's minimum lot size and configuration. Conditions of approval will ensure that the development complies with the Planned Unit Development and other City development standards. B. The proposed 16 lot subdivision with a density of 11.43 dwellings per net acre complies with the General Plan Land Use Element designation of the site of Medium Density Residential. The provision of affordable housing will help the City meet its fair share allocation requirements and is consistent with the Housing Element policies regarding affordable housing. The Planned Unit Development associated with the proposed development allows exceptions to the minimum lot size, increased lot coverage and building setback requirements delineated in SSFMC Title 20 Zoning Regulations. 4. Affordable Housing Agreement. In accordance with SSFMC Chapter 20.125, twenty percent of the total number of project units, or 3.2 dwellings, are required to be restricted as affordable units. The project owner and city staffhave developed an affordable housing plan that allows the creation of affordable units off-site, but obligates the developer to fulfill the obligation prior to the final inspection of units on the project site. SSFMC 20.125.080 provides that an affordable housing requirement under that chapter may be satisfied with offsite constmction when it can be demonstrated that the chapter's goals and the City's housing element would be better served by allowing some or all of the inclusionary units to be produced and operated at an alternative site. 4o~5 Factors to be weighed in this determination include the feasibility of the onsite option including project size and site constraints. City staff have determined the construction of below market rate units on the site of the Project Property would be infeasible in light of the project size and site constraints and agreed that providing the below market rote rental units offsite at the designated location will be sufficient to meet the requirements of the Inclusionary Housing Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco does hereby: Ao Approve the Mitigated Negative Declaration assessing environmental impacts of a new 16 unit residential subdivision, in accordance with the California Environmental Quality Act and the Mitigation Monitoring and Reporting Program. Bo Approve the Planned Unit Development allowing six detached single family dwellings and ten attached town homes, and common area with exceptions for smaller lots, increased lot coverage and reduced building setbacks. Co Approve the Tentative Subdivision Map, as conditioned, creating sixteen residential lots and common area. Approve the Affordable Housing Agreement between the applicant and the City of South San Francisco for the construction or rehabilitation of the equivalent of 3.2 dwellings as affordable units. 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 meeting held on the ~ day of ,2004 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk -5- CONDITIONS OF APPROVAL STONEGATE ESTATES MND, SA, PUD & DR 01-012 (.ds recommended by the Planning Commission on June 17, 2004) PLANNING DMSION: The apphcant shall comply with the City's Standard Conditions and with all the requirements of all affected City Divisions and Departments as contained in the attached conditions, except as amended by the conditions of approval. The construction drawings shall substantially comply with the Planning Commission approved plans, as amended by the conditions of approval including the Architectural and Landscape Plans, prepared by The Paul Davis Partnership, dated January 19, 2004, Civil Engineering, Grading and Drainage, and Tentative Subdivision Map plans prepared by Charles W. Davidson Company, dated February 4, 2004, and Geologic and Geotechnical Engineering Investigation for the Southeast Comer of Hillside Boulevard and Ridgeview Court, prepared by Kleinfelder, Inc., dated October 12, 2000 in association with P01-012. ,. The landscape plan shall include mature shrubs and trees. Shrubs shall be a minimum size of 15 gallons, trees shall have a minimum size of 24 inch box and 15% of the total number of proposed trees shall have a minimum size of 36 inch box. The landscape plan shall be subject to the review and approval by the City's Chief Planner. Prior to the issuance of any Building Permit, the Final Subdivision Map shall be subject to the review and approval by the City En~neer. The Final CC&Rs shall be subject to the review and approval by the City's Chief Planner, City Engineer and City Attorney. Both the Final Subdivision Map and CC&Rs shall be recorded with the San Marco County Recorder's Office prior to the issuance of any Building Permit. Prior to the final occupancy for each dwelling, the owner shall pay the child care impact fee in effect at the time as required by SSFMC Chapter 20.115 for the associated dwelling unit. The current fee per dwelling is $1,630.00. The total fee for all the dwellings is estimated to be $26,080.00 (16 dwellings x $1,630.00/unit = $26,080). o Prior to the issuance of any building permit the owner shall implement the pro.visions Affordable Housing Agreement. The implementation plan shall be subject'to the review an approval of the City's Housing Division Manager. The applicant shall comply with all mitigation measures and the Mitigation Monitoring Program associated.with Mitigated Negative Declaration 01-012. (Planning Contact Person: Steve Carlson, Senior Planner, 650/877-8353, Fax 650/829-6639) -7- Draf[ Conditions of Approval PUD, SA & DR01-012 Page 2 of 8 B. ENGINEERING DMSION: 1. STANDARD CONDITIONS The Developer shall comply with the Engineering Division's "Standard Subdivision and Use Permit Conditions for Townhouse, Condominium and Apartment Developments with Private Streets and Utilities", consisting of 8 pages. These conditions are contained in the Engineering Division's "Standard Conditions for Subdivisions and Private Developments" booklet, dated January 1998, (copies of this booklet are available at no cost to the applicant fiom the Planning and Engineering Divisions). 2. SPECIAL CONDITIONS The existing downstream public drainage system has not been shown to have sufficient excess capacity to accommodate the storm water runoff fiom the fully improved I-lill~ide Town homes Subdivision. In order to mitigate the potential impact of the storm water runoff from the improved site, the Subdivider shall design and construct improvements that will retain the subdivision's storm water on site, so that it will not exceed the storm water runoff fiom the site in its existing, unimproved, condition, during a 25-year design storm. bo The town house driveway aprons shall provide a minimum distance of 20 feet !which is the standard for single family ~e_tac___hed homes in the Municipal Code and ~s the standard discussed in the applicant s project narrative dated October 17, 2002), 'between the garage door and the back of the sidewalk or street curb, as applicable, to permit the aprons to be used for additional guest parking and temporary vehicle parking. Driveway aprons shall have a maximum gradient of 12%, measured fiom the gutter flow line or pavement surface to the garage slab. The subdivider shall conform to the project's approved "Site Distance Study" requirements for landscape, grading, fencing, buildings and any other sightline obstructions along the frontage of Stonegate Drive, southeast of the lower exit driveway. Provide calculations of stopping sight distance, which account for the roadway grade. do The subdivision's common area infrastructure, including the roadway, sewer, and drainage improvements, shall be owned and maintained by the subdivision's homeowners association, not the City of South San Francisco. The subdivision final map shall contain a statement that no improvements within the boundaries of the subdivision are being dedicated to the City, within the proposed utility or other easements shown on the final map. eo The proposed yearly Homeowners Association Budget shall be submitted to the City Engineer for review and approval, as to the adequacy of the estimated common -8- Draft Conditions of Approval PUD, SA & DR01-012 Page 3 of 8 area improvements and infrastructure maintenance and capital improvement replacement and repair reserves. In accordance with current City Ordinances and the Standard Conditions, storm water pollution control devices and filters (such as a Stomacepter or CDS unit) shall be installed within the site drainage outfall system from the subdivision to prevent pollutants deposited within the site entering the public drainage system and eventually San Francisco Bay. Plans for these filters and any on-site retention facilities shall be submitted to the Engineering Division and the City's Environmental Compliance Coordinator for review and approval. go The applicant shall relinquish vehicle access along I-lill.qide Boulevard, Stonegate Drive, and Ridgeview Court, except at the two interior driveway intersections with public streets. h. Owner on Tentative Map must match the owner listed in the title report. 3. OFF-SITE IMPROVMENTS Various off-site improvements will be required to be constructed by the subdivider, such as intersection conform modifications, sidewalk and curb and gutter repairs and sewer, storm drain and utility connections and modifications within Ridgeview Court. Prior to the City Council approving the final map for the subject subdivision, the subdivider shall enter into a subdivision improvement agreement to secure the installation of all off-site public improvements. Alternately, the subdivider may obtain an encroachment permit from the Engineering Division and post cash deposit to secure the performance and payment of the work within the public street right-of-ways as shown on the approved improvement plans, prior to filing the final map for approval by the City Council. 4. INSPECTION The Engineering Division provides limited inspection services for the construction of the private streets and utilities within the' subdivision, that are not inspected by the City's Building Division or the developer's civil and geotechnical engineers. In order to cOmpensate the City for our inspection costs, the developer shall pay the hourly costs for services provided by the City's Conslruction Inspection staff, on a time and materials basis, in connection with the development of the subject subdivision improvements. bo The inspection costs will be billed monthly. The Subdivider shall pay City invoices within 30 days of their receipt and shall pay all outstanding charges prior to receiving an Occupancy Permit for the homes. 5. TEMPORARY AND PSRMANENT OCC] - 9 -NCY Draft Conditions of Approval PUD, SA & DR01-012 Page 4 of 8 The subdivider will likely request temporary occupancy of one or more homes to be used as models. Also, the subdivision's permanent residents will probably want to move into their homes before heavy construction within the project is complete. Either request could result in the public and/or residents being impacted in various health and safety ways by the construction activities. Prior to receiving a temporary certificate of occupancy for a model home within the subdivision, the developer shall submit for the City staffs review and approval a plan that will address at a minimum, the following items: 1) All construction areas shall be completely fenced off from areas accessible by the visiting public. 2) All areas subject to public travel shall be provided with adequate street and area lighting meeting the Police Department's requirements. 3) A parking and traffic safety plan shall be prepared and implemented. Pavement, curb, gutter and sidewalks shall be prOvided within the model home complex. Prior to receiving permanent occupancy permits for the homes within the subdivision, the developer shall submit for the City staffs review and approval a plan that will address, at a minimum> the following items: 1) All construction areas shall be completely fenced off from the portion'ofthe site occupied by the new residents and subject to public access. 2) All street lights within the occupied portion of the subdivision shall be operational and lit. 3) All traffic signs and pavement markings within the portion of the site accessible by the public shall be installed in accordance with the aPProved plans. All site improvements within areas subject to public access shall be complete in accordance with the approved subdivision improvement, grading, drainage and utility plans. 5) Hours of construction activities shall be limited to the hours of 8 a.m. to 6 p.m., Monday through Friday (excluding holidays). (Engineering Contact Person: Richard Harmon, 650/829-6652) -10- Draft Conditions of Approval PUD, SA & DR01-012 Page 5 of 8 C. POLICE DEPARTME1vr: 1. Site Plan and Subdivision Map The Police Department has no concerns with the subdivision map. On-site parldng and circulation appear adequate and acceptable for the project. The applicant shall submit a list of proposed street names for the project to be reviewed and approved by the Police Department before filing of the parcel maps. City policy precludes the use of street names that are duplicates or sound alike of existing streets or names of living persons. Street names should be easy to pronounce, contain no unconventional spelling, and be unconfusing so that the public and the children, in particular, can handle the names in an emergency situation. The use of E1 Rancho Drive is permissible. d. No fire lanes will be approved on site. The roadway system shall be designed so that roadways are wide enough so fire lanes are not necessary. 2. Municipal Code Compliance ao The applicant shall comply with the provisions of Chapter. 15.48 of the Municipal Code, "Minimum Building Security Standards" Ordinance, revised May 1995. The Police Department reserves the right to make additional security and safety conditions, if necessary, upon receipt of detailed/revised building plans. The applicant shall assure that the requirements and restrictions on construction noise (including deliveries, equipment warmup and maintenance, etc.) prescribed in Chapter 8.32 of the municipal code are not violated by their own personnel or any subcontractors working on the project. 3. Securi _ty and Safety Condition.q Security Planting 1) Landscaping shall of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines and under vulnerable windows. b. Doors - 1 1 - Draft Conditions of Approval PUD, SA & DR01-012 Page 6 of 8 1) All exterior wood doors and doors leading fi.om enclosed garage areas shall be solid core with a minimum thickness of 1-3/4". 2) Door fi.aming shall comply with section 15.48.060A. 1.h.; details can be provided by the Building Inspector. 3) Main entrance doors, pedestrian garage exit doors, and doors leading fi.om enclosed garage areas into single-family dwellings shall be secured with a single-cylinder deadbolt lock with a minimum throw of one. inch. The locks into the residence shall be so constructed that both deadbolt and deadlocking latch can be retracted by a single action of the inside door knob. (Garage exit doors and rear french doors may have a regular deadbolt lock.) b) Strike plates shall be secured to wooden jambs with at least 2 inch wood screws. 4) Vision panels in exterior doors or within reach of the inside activating device shall be of burglary-resistant glazing or equivalent.~ (This includes the fixed garage window adjacent to the exit door and french door glazing panels within reach of the locking device.) 5) Overhead garage doors shall be equipped with automatic openers and shall not have bottom vents except those doors having double louvered or shielded vents or approved alternate devices to protect the locking mechanism. c. Windows 1) Windows shall be constructed so that when the window is locked, it cannot be lifted fi.om the fi.me. 2) The sliding portion of a sliding glass window shall be on the inside track. 3) Window locking devices shall be capable of withstanding a force of 300 lbs. in any direction. d. Numbering 5/16" securfty laminate, %' poiycad:)onab~ or approved security film trea'~. ~ 2 '-imum. Draft Conditions of Approval PUD, SA & DP,.01-012 Page 7 of 8 eo 1) A street number shall be displayed in a prominent location on the street side of the residence in such a position that the number is easily visible to approaching emergency vehicles. a) The numerals shall be no less than four (4) inches in height and shall be of a contrasting color to the background to which they are attached. b) The numerals shall be hghted at night. 2) The applicant shall submit a project addressing prior to building permit application. Addresses should nm in a clockwise direction. Lighting Each entry and exit door shall be equipped with a hght source of sufficient wattage to illuminate the door, porch, and stairway. Area lights, switch controlled from inside the residence, are encouraged to illuminate the rear and side yards. 1) The developer/applicant shall enclose the entire perimeter of the project with a chain link fence with necessary construction gates to be locked after normal construction hours. A security person shall be provided to patrol the project after normal working hours during all phases of construction, and adequate security lighting shall be provided to illuminate vulnerable equipment and materials. 2) The apphcant's voluntary installation of security alarm systems as a standard amenity in all residential units constructed, is encouraged on this project. 3) The applicant shall submit an addressing plan for the project to be reviewed and approved by the Police Department. The applicant shall indicate if the plan should be approved considering principles of Feng Shui. The applicant shall submit a phasing plan for the project to be approved by the city as part of their first building permit application. The phasing plan shall include detail on the separation of construction activity from the use circulation and occupancy of residential units and model units and sales office activities. -13- Draft Conditions of Approval PUD, SA & DR01-012 Page 8 of 8 (Police Department contact person: Sergeant E. Alan Normandy (650/877-8927) D. FIRE DEPARTMENT: All buildings shall be fire sprinldered for buildings with a height 3 stories or more. Roof line extends past property line. Fire area for fire flow will be assessed using Table Ilia of the Fire Area exceeding 3,600 sq ft. Describe common walls at property lines. ( Fire Department contact person: Fire Marshal, Mo Dong (650/829-6671) E. WATER QUALITY CONTROL PLANT: The ousite new catch basins are to be stenciled with the approved San Marco Countywide Stormwater Logo. Please have applicant contact Ray Honan at Water Quality Control for details. In accordance with the Municipal Code and Federal law, new stOrmwater pollution control devices CDS Units/Stormceptor are to be installed in any new drainage inlets. Existing catch basin~ are to be retrofitted with catch basin inserts or equivalents. In addition, the applicant is required to submit maintenance schedules for the inserts and CDS Units/Stormeeptors. Submit schedules to the Environmental Coordinator. That the applicant pays a Sewer Connection Fee based on the amount of Townhomes constructed. Current fee is $1,514.00/dwelling. Have applicant contact Ray Honan for details. An Erosion Control Plan is required prior to the issuance of a grading permit. Have copy submitted to Ray Honan at Water Quality. 5. Additional comments when building plans are submitted. (Water Quality Control contact person: Ray Honan, (650/877-8634) -14- FINDINGS OF APPROVAL PUD P 01-012 STONEGATE ESTATES (As recommended by the Planning Commission on June 17, 2004) · As required by the Planned Unit Development Procedures [SSFMC Chapter 20.84], the following findings are made in approval of a Modification of a Residential Planned Unit Development 01-012, approve a residential Planned Unit Development allowing a new residential development consisting of 6 detached single family dwellings and 10 town homes with common area, subject to making the findings of approval and, based on public testimony and the materials submitted to the City of South San Francisco Planning Commission which include, but are not limited to: Plans prepared by The Paul Davis Parmership, dated January 19, 2004; Design Review Board minutes of November 19, 2002; Design Review Board meeting of January 19, 2002; Planning Commission staffreport, dated Junel 7, 2004; and Planning Commission meeting of June 17, 2004: The 1.4 acre site is physically suitable for a new 16 unit residential development with common area. Exceptions for the development include reduced lot size, increased lot coverage and reduced building setbacks are similar to those allowed for other area residential developments. The new dwellings are of similar style to existing adjacent dwellings and shares similar floor area ratios. The new development is in conformity to the area in that the development closely mimics .the lot area of the surrounding dwellings, general architecture and landscaping. A Geologic and Geotechnical Report has been prepared by the applicant's consultant. The report has detei~nined that the site is suitable for development if the report recommendations are implemented. The City's Design Review Board recommended approval of the proposed development. Conditions of approval require that the development of the site follow the recommendations contained in the reports and conform to the City's development standards. The new residential development has been reviewed and recommended for approval by the City's Design Review Board to be in accordance with the City of South San Francisco Design Guidelines and to provide a high quality of fit with the existing neighborhood. The new dwellings with exceptions are similar in design, floor area ratios and lot configuration as many of the existing neighborhood dwellings. The new lots will reinforce a residential environment of sustained desirability and stability by matching the development quality and design. The new residential development with a resulting density of 11.43 units per net acre will result in a land use intensity no higher than that permitted by the General Plan Land Use Element designation of the site of Medium Density Residential with a maximum density of 18.0 units per net acre and the maximum density of 15.0 units per net acre allowed by the site's Zoning of Medium Density Residential Zone District [R-2-H-P]. The project complies with the provisions of the California Environmental Quahty Act. A Mitigated Negative Declaration was prepared and circulated for a Draft Findings of Approval PUD01-012 Page 2 of 2 '7. minimum of 20 days. Mitigation measures are required to reduce impacts to a level less than si~ificant. A Mitigation Monitoring Program has been prepared. The proposed development is consistent with the General Plan Land Use Element designation of the site of Medium Density Residential and the Housing Element that encourages the development of housing to meet the City's fair share housing need. The new residential development will not be adverse to the public health, safety or general welfare of the community, or unreasonably detrimental to surrounding properties or improvements. The development is designed to comply with the City design guidelines and the architectural theme of the surrounding residential enclave. Conditions of approval are attached which will ensure that the development complies with local development standards and requirements. Payment of childcare impact fees will help to improve childcare services Provision of the equivalent of 3.2 affordable dwellings will assist the City in meeting the need for affordable housing. The new residential development with exceptions complies with the City's adopted design guidelines. The development was reviewed by the City's Design Review Board for conformance with the City's Design Guidelines and the quality of fit with the existing neighborhood and was recommended for approval at the Board's meeting of November 19, 2002. -16- FINDINGS OF APPROVAL TENTATIVE SUBDIVISION MAP SA01-0012 STONEGATE ESTATES (As recommended by the Planning Commission on June 17, 2004) As required by the Tentative Subdivision Map Procedures [SSFMC Title 19], the following findings are made in approval of P01-0012, approve a Tentative Subdivision Map allowing a new residential subdivision consisting of 6 single family dwellings, 10 town homes, and common area with exceptions for smaller lots, increased lot coverage and reduced building setbacks, based on public testimony and the materials submitted to the City of South San Francisco Planning Commission which include, but are not limited to: Tentative Subdivision Map prepared by Charles W. Davidson, dated February 4, 2004; Planning Commission sta/t' report, dated June 17, 2004; and Planning Commission meeting of June 17, 2004: The proposed lots generally conform with the requirements of the State Subdivision Map Act and with the requirements of the City of South San Francisco Title 19 Subdivision Code. The map conforms to City standards with regards to design, drainage, utilities, and road improvements. No offers · of dedication are required. The lots, which vary in size and dimension, are equivalent or larger than the sizes and configuration of residential lots in the immediate project vicinity, but are less than the City's minimum lot size requirements. The Planned Unit Development associated with the proposed development allows exceptions to the City's minimum lot size and configuration. Conditions of approval will ensure that the development complies with the Planned Unit Development and other City development standards. The proposed 16 lot subdivision with a density of 11.43 dwellings per net acre complies with the General Plan Land Use Element designation of the site of Medium Density Residential. The provision of affordable housing will help the City meet its fair share allocation requirements and is consistent with the Housing Element policies regarding affordable housing. The Planned Unit Development associated with the proposed development allows exceptions to the minimum lot size, increased lot coverage and building setback requirements delineated in SSFMC Title 20 Zoning Regulations. -17- RESOLUTION BIO. 2636 PLANNING COMMISSION OF ~ CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION, PLANNED UNIT DEVELOPMENT, TENTATIVE SUBDIVISION MAP AND AFFORDABLE HOUSING AGREEMENT FOR THE PROPERTY LOCATED AT ~ INTERSECTION OF I:rlI,LSIDE AVENUE AND STONEGATE DRIVE AND AS SUBMITTED BY FIH,LSIDE LAND L.L.C. SOUTH SAN FRANCISCO WHEREAS, in November of 2002, the Applicant applied to the City to proceed with development of six detached three,story single family dwellings and ten attached three story town homes on an 1.4 acre site comprised of two separate and vacant parcels within the City of South San Francisco. The application is for: 1) a Mitigated Negative Declaration; 2) a PUD permit; 3) a Tentative Subdivision Map; and 4) an Affordable Housing Agreement; and, WHEREAS, the entitlements provide for a 16 unit single family residential development on a 1.4acre site, with 3.2 units offsite reserved for persons and families of low and moderate income; ,and, ~ WHEREAS, the Planning Comm lssion last reviewed the proposed project at a study session in December of 2002, at which several modifications and changes to the project were requested to accommodate community and Planning Commission concerns; and, WI-IBiS, the project has been revised to reflect the changes requested by the Planning Commission; and, WHEREAS, on June 17th, 2004, the Planning Commission held a properly noticed public hearing to consider the project application and associated land use entitlements; and WHEREAS, the Planning Commission has determined that construction of single family dwellings and town homes and subdivisions of the site are consistent with the City's General Plan and with all applicable requirements of the City's Zoning and Subdivision Ordinances NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of South San Francisco hereby adopts the following findings based upon the entire record for the Stonegate Estates development, including without limitation, the South San Francisco General Plan, and General Plan Environmental Impact Report, the proposed Planned Unit Development Permit, the Development Standards, the Draft Conditions of Approval, the Draft Planned Unit Development Findings, the Draft Tentative Parcel Map Findings, the Draft Affordable Housing Agreement, the Design Review Board Meeting Minutes of February 20, 2001, July 17, 2001, November 20, 2001 and November 19, 2002, Planning Commission Minutes of December 6, 2001 and December 19, 2002, the Neighborhood Meeting Notice, Notes and Attendance, the Draft Affordable Housing Agreement, the Applicant's Project Narrative, Plans, the Mitigated 69855:- 1 9 - Negative Declaration, the Planning Commission staff report dated June 17, 2004, and testimony and materials submitted at the Planning Commission meeting on June 17, 2004: 1. Mitigated Negative Declaration. City Staff prepared and circulated a Mitigated Negative Declaration for twenty days in accordance with the California Environmental Quality Act (CEQA). The public comments period started on April 4, 2003 and ended on April 24, 2003. No substantive comments were received. The Mitigated Negative Declaration adequately describes the impacts of the project, most of which relate to storm water runoff, construction impacts, traffic, and aesthetics. As reflected in the Mitigated Negative Declaration, the proposed mitigation measures are included as conditions of approval to reduce these impacts to a less than si~nificant level, and include dust suppression, storm water pollution prevention program, acoustic insulation of dwellings, a construction noise reduction program, and landscaping restrictions to ensure traffic sight lines at the western project entry. Project specific environmental effects have been analyzed in the Initial Study/Mitigated Negative Declaration which determined that the project will not have a significant effect on the environment with the application of mitigation measures identified in the Mitigated Negative Declaration. There is no substantial evidence in light of the whole record before the City that the project as mitigated will have a significant effect on the environment. The Mitigated Negative Declaration has been completed in comphance with CEQA and the CEQA Guidelines. The Mitigated Negative Declaration is complete and adequate and reflects the City's independent judgment and analysis as to the environmental effects of the proposed land use amendments 2. Planned Unit Development Permit. As required bythe Planned Unit Development Procedures [SSFMC Chapter 20.84], the following findings are made in approval of a Modification of a Residential Planned Unit Development 01-012, to approve a residential Planned Unit Development allowing a new residential development consisting of 6 detached single family dwellings and 10 town homes with common area: 1. A. The 1.4 acre site is physically suitable for a new 16 unit residential development with common area. Exceptions for the development include reduced lot size, increased lot coverage and reduced building setbacks are similar to those allowed for other area residential developments. The new dwellings are of similar style to existing adjacent dwellings and shares similar floor area ratios. The new development is in conformity to the area in that the development closely mimics the lot area of the surrounding dwellings, general architecture and landscaping. A Geologic and Geotechnical Report has been prepared by the applicant's consultant. The report has determined that the site is suitable for development if the report recommendations are implemented. The City's Design Review Board recommended approval of the proposed development. Conditions of approval require that the development of the site follow the recommendations contained in the reports and conform to the City's development standards B. The new residential development has been reviewed and recommended for 69855~ - 2 0 - approval by the City's Design Review Board to be in accordance with the City of South San Francisco Design Guidelines and to provide a high · quality of fit with the existing neighborhood. The new dwellings with exceptions are similar in design, floor area milos and lot configuration as many of the existing neighborhood dwellings. The new lots will reinforce a residential environment of sustained desirability and stability by matching the development quality and design. C. The new residential development with a resulting density of 11.43 units per net acre will result in a land use intensity no higher than that permitted by the General Plan Land Use Element designation of the site of Medium Density Residential with a maximum density of 18.0 units per net acre and the maximum density of 15.0 units per net acre allowed bythe site's Zoning of Medium Density Residential Zone District [R-2-H-P]. D. The prOposed development is consistent with the General Plan Land Use Element designation of the site of Medium Density Residential and the Housing Element that encourages the development of housing to meet the City's fair share housing need. E. The new residential development will not be adverse to the public health, safety or general welfare of the commlmity, or unreasonably detrimental to surrounding properties or improvements. The development is designed to comply with the City design guidelines and the architectural theme of the surrounding residential enclave. Conditions of approval are attached which will ensure that the development complies with local development standards and requirements. Payment of childcare impact fees will help to improve childcare services Provision of the equivalent of 3.2 affordable dwellings will assist the City in meeting the need for affordable housing. 2. 3. Tentative Subdivision Man. As required by the Tentative Subdivision Map Procedures [SSFMC Tide 19], the following findings are made in approval of P01-0012, to approve a Tentative Subdivision Map allowing a new residential subdivision consisting of 6 single family dwellings, 10 town homes, and common area with exceptions for smaller lots, increased lot coverage and reduced building setbacks: 3. A. The proposed lots generally conform with the requirements of the State Subdivision Map Act and with the requirements of the City of South San Francisco Title 19 Subdivision Code. The map conforms to City standards with regards to design, drainage, utilities, and road improvements. No offers of dedication are required. The lots, which vary in size and dimension, are equivalent or larger than the sizes and configuration of residential lots in the immediate project vicinity, but are less than the City's minimum lot size requirements. The Planned Unit Development associated with the proposed development allows exceptions to the City's minimum lot size and configuration. Conditions of approval will ensure that the development complies with the Planned Unit Development and other City development standards. B. The proposed 16 lot subdivision with a density of 11.43 dwellings per net acre complies with the General Plan Laud Use Element designation of the 69855~- 2 1 - site of Medium Density Residential. The provision of affordable housing w/il help the City meet its fair Share allocation requirements and is consistent with the Housing Element policies regarding affordable housing. The Planned Unit Development associated with the proposed development allows exceptions to the minimlma lot size, increased lot coverage and building setback requirements delineated in SSFMC Title.20 Zoning Regulations. 4. 4. Affordable Housing Agreement. In accordance with SSFMC Chapter 20.125, twenty percent of the total number of project units, or 3.2 dwellings, are required to be restricted as affordable units. The project owner and city staff have developed au affordable housing plau that allows the creation of affordable units off-site, but obligates the developer to fulfill the obligation prior to the final inspection of units on the project site. SSFMC 20.125.080 provides that au affordable housing requirement under that chapter may be satisfied with off_site construction when it can be demonstrated that the chapter's goals and the City's housing element would be better served by allowing some or all of the inclusionary units to be produced and operated at an alternative site. Factors to be weighed in this determination include the feasibility of the onsite option including project size and site constraints. City prS~ve determined the construction of below market rate units on the site of the Project operty would be infeasible in light of the project size and site constraints and agreed that providing the below market rate rental units off_site at the designated location will be sufficient to meet the requirements of the Inclusionary Housing Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of South San Francisco does hereby: Recommends approval of the Mitigated Negative Declaration assessing environmental impacts of this new sixteen unit residential subdivision, in accordance with the California Environmental Quality Act. Recommends approval of the Planned Unit Development allowing six detached single family dwellings and ten attached town homes, and common area with exceptions for smaller lots, increased lot coverage and reduced building setbacks. Recommends approval of the Tentative Subdivision Map creating sixteen residential lots and common area. Recommends approval of the Affordable Housing Agreement between the applicant and the City for the construction or rehabilitation of the equivalent of 3.2 dwellings as affordable housing units, subject to making the required findings and adopting the conditions of approval. I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City of South San Francisco at the regular meeting held on the 17th day of June 2004, by the following vote: " 69855~ ' 2 2 - AYES: Commissioner Giusti, Commissioner Honan, Commissioner Romero, Commissioner Sim~ Commissioner Zcmke and Chairperson Ochsenhirt NOES: None ABSENT: Vice Chairperson Teglia ABSTAIN ATTEST: /s/Thomas Ci Sparks Commission Secretary Thomas C. Sparks 69855f - 2 3 - Planning Commission Meeting of 3une 17, 200~ Industrial Zoning District in accordance with SSFMC Chapters 20.32, 20.76 and 20.81. Categorical Exemption: Class :[, Section 15301: Minor Alterations Of Existing Facilities Associate Planner Kowalski presented Staff Report. Public Hearing opened. There being .no speakers the Public Hearing was closed. Commissioner Honan asked if the Chinese writing would be facing the freeway. Mr. Peng noted that it would only face the street. Motion Teglia / Second Z~mke to approve P0~0068, DR0~-00~, UP04-0017 & SIGNS0Zl-0015. Approved by unanimous voice vote. 4. Shaw Business Ctr - Dan Waidman/Owner Salik Chandra Enterprises/Applicant 212-218 Shaw Rd. P04-0063 & UP04-0016 Approved Use Permit allowing a truck rental facility accommodating 15 trucks in a multi-tenant industrial complex located in the P-I Planned Industrial Zoning Disb-ict in accordance with SSFMC Chapters 20.32 and 20.81. Categorical Exemption: Class 1, Section 15561 (b) (3) Senior Planner Carlson presented the Staff Report. Public Hearing opened. There being no speakers the Public Hearing was dosed. M~tion Zemke ! Second Honan to approve P04-0063 & UP04-0016. Approved by unanimous voice vote. $tonegate Estates / Hillside Townhomes Resolution 2636 Hillside Land L.L.C., by .lohn Hansen - Owner Paul E. Davis- Applicant PUD 0:L-0:L2, SA 02-:L2, DR 0Z-0:L2, AHA & ND 02-0Z2 Mitigated Negative Declaration assessing environmental impacts of a new 16 unit residential subdivision, in accordance with California Environmental (~uality Act. Planned Unit Development allowing 6 detached single family dwellings and 10 attached town homes, and common area with exceptions for smaller lots, increased lot coverage and reduced building setbacks, Tentative Subdivision Map creating :[6 residential lots and common area. Design Review of 6 detached single three-story family dwellings and 10 attached three-story town homes and a small on- site tot lot. Affordable Housing Agreement between the applicant and the City of South San Francisco for the construction or rehabilitaMon of the equivalent of 3.2 dwellings as affordable housing units. Located on the Southeast corner of Hillside Avenue and Stonegate Drive (APN 0:[2-:[10-310 & 0:[2-:[10-320) in the Medium Density ResidenMal (R-2-H-P) Zone District in accordance with SSFMC Chapters 20.87 & 20.:[25 and '~Ue 19. Recess called at 9:05 p.m. Recalled to order at 9:08 p.m. Senior Planner Carlson presented the Staff Report. .lohn Hansen, applicant, gave the history of the project since September 1:[, 2000. He noted that now they are pursuing the proper approvals from the Planning Commission. Paul Davis, Architect, gave a PowerPoint presentation on the proposed 16 units. He showed floor plans, elevations and color palettes. He noted that the · homes would be terraced and that the project is less dense than the surrounding neighborhood. Public Headng opened. Planning Commission Meeting of 3une 17, 20C~ 3im Petrovitz, representing the Hillside Childcare Center, noted that they are concerned because of the effects the construction stage will have on the operation of the preschool since they are adjacent to the site. He requested that there be an onsite project manager in order to work with them through this period. David Diller representing the Hillside Homeowners Association noted that their neighborhood is pleased with the proposal. He did ask why there would not be an exit along Hillside Boulevard. He also suggested that the color scheme be outlined in the CC&Rs to restrict painting with out of context colors. Mr. Davis noted that they had worked with public works to have an exit along Hillside but due to traffic it was not feasible to do so. He added that there would be CC&Rs to restrict changes to the homes. Linda Karen, Director of Preschool, questioned what would occur with the dirt road between the school and the proposed development. Mr. Hansen noted that the easement was abandoned by PG&E and will be merged into the proposed project. Public Headng closed. Vice Chairperson Teglia and Commissioner Giusti were pleased with the outcome of the proposal. Commissioner Honan discussed the extra space and leisure spaces in each of the models and was concerned that these may become illegal bedrooms. Mr. Davis noted that these rooms are to serve as flexible space for office, nursery, playroom and other uses. The Commission discussed what type of conversions could take place and found that the models could convert one of those leisure rooms into a bedroom because it is allowed in the Zoning Code. The also suggested that the CC&Rs prohibit a fifbh bedroom. Motion Teglia / Second Honan recommending that the City Coundl apProve PUD 01-012, SA 01-12, DR 01-012, AHA & ND 01-012 with the added condition that a construction manager be present at ali times. Approved by majority voice vote. ADMZNZSTRATI'VE BUSINESS 6. Ztems from Staff a. Capital Improvement Program Resolution 2637 City of South San Francisco / AppliCant Citywide P04-0082 & PCA04.-O002 General Plan Conformity Finding: ResoluMon finding that the Capital Improvement Program for Fiscal Year 200~-2005 is consistent with the adopted South San Francisco General Plan, in accordance with Government Code, Division 1, Section 65401. Acting aty Engineer Chuck presented the Staff Report. Commissioner Romero commended the Engineering Division for doing a good job on the walls along Hickey and .luniperro Serra, Motion Romero/Second Teglia recommending that the City Council approve POq-0082 and PCA0~-0002. Approved by majodty voice vote. 7. Items from Commission :None 8. Items from the Public None 9. Adjournment Planning Commission Staff Report DATE: June 17, 2004 TO: Planning Commission SUBJECT: 1. Mitigated Negative Declaration assessing environmental impacts of a new 16 unit residential subdivision, in accordance with California Environmental Quality Act. 2. Planned Unit Development allowing 6 detached single family dwellings and 10 attached town homes, and common area with exceptions for smaller lots; increased lot coverage and reduced building setbacks, 3. Tentative Subdivision Map creating 16 residential lots and common area. 4. Design Review of 6 detached single three-story family dwellings and 10 attached three-story town homes and a small on-site tot lot. 5. Affordable Housing Agreement between the applicant and the City of South San Francisco for the construction or rehabilitation of the equivalent of 3.2 dwellings as affordable housing units. Property Location: Southeast comer of Hillside Avenue and Stonegate Drive (APN 012-110-310 & 012-110-320) in the Medium Density Residential (R-2-H-P) Zone District. SSFMC: Chapters 20.87 & 20.125 and Title 19. Owner: Hillside Land L.L.C., by John Hansen Applicant: Paul E. Davis Case Nos.: PUD 01-012, SA 01-12, DR 01-012 & ND 01-012 RECOMMENDATION: That the Planning Commission recommend to the City Council to approve 1) Mitigated Negative Declaration assessing environmental impacts of a new 16 unit residential subdivision, in accordance with California Environmental Quality Act, 2) Planned Unit Development allowing 6 detached single family dwellings and 10 attached town homes, and common area with exceptions for smaller lots, increased lot coverage and reduced building setbacks, 3) Tentative Subdivision Map creating 16 residential lots and common area, 4) Design Review of 6 detached single three.story family dwellings and 10 attached three- story town homes and a small on-site tot lot, 5) Affordable Housing Agreement between the -27- StaY_f Report To: Plauning Commission Subject: Stonegate Estates ND 01-012, PUD 01-012, SA 01-012, DR 01-012 & HA 01-012 June 17, 2004 Page 2 of 6 applicant and the City of South San Francisco for the construction or rehabilitation of the equivalent of 3.2 dwellings as affordable housing units, subject to making the required findings and adopting the conditions of approval. BACKGROUND: The 1.4 acre site is comprised of two separate and vacant parcels. The project includes merging the three parcels and the construction ora six detached three-story single family dwellings and 10 attached three-story town homes. In accordance with the SSFMC Chapter 20.125 twenty percent (20%) of the total number of project un/ts, 3.2 units of the dwellings, will be required to be restricted a/fordable units or the applicant may negotiate an alternative agreement for the construction of or rehabilitation of 3.2 units. The owner and City staffhave developed an affordable housing plan that allows the creation of affordable units off-site, but obligates the developer to fulfill the obligation prior to the final inspection. The Draft Affordable Housing Agreement is attached to the staff report. Parking will be provided on-site in garages while visitor parking will be provided on-street in desi~m~ated areas. The driveway aprons provide additional parking spaces. The site is adjacent to other dwellings, the Elks Lodge and a church. The project has been submitted three times over the past 2 years - February and November 2001 and November 2002. The first two submittals were returned because the application was incomplete and needed to be revised to comply with Design Review Board comments. The Planning Commission last reviewed the proposed project at a Study Session in December 2002. At the meeting several neighbors expressed concerns regarding the development including the impact of the project on the neighborhood, and impacts to views and traffic. The Planning Commissioners discussed several issues including provide greater articulation of the building elevations, review the roof plan, reduce the storage area, relieve the tightness of the comer of unit #7, consider making the model #C units smaller and possibly affordable, consider eliminating the closets form the dens so that they will not be converted to bedrooms. The project has been revised to reflect the changes requested by the Planning Commission. GENERAL PLAN AND ZONING CONSISTENCY The project site's General Plan land use designation, Medium Density Residential, allows town home development. The project generally complies with the General Plan goals and policies. The -28- StaffReport To: Planning Commission Subject: Stonegate Estates ND 01-012, PUD 01-012, SA 01-012, DR 01-012 & HA 01-012 June 17, 2004 Page 3 of 6 present zoning is Medium Density Residential (R-2-H-P) allows the proposed density of 11.43 units per net acre and both single family and town home style buildings. The owner is requesting a Planned Unit Development to allow smaller lots, increased lot coverage and reduced setbacks. This approach will allow the development to better conform to the established style of hillside development in the Stonegate neighborhood. The development will be more heavily landscaped than existing neighborhood developments. In addition to private yard space on each lot, the development includes a large centrally located on-site recreational area. The latter will be maintained by the future Stonegate Estates Homeowner's Association The development does comply with many of the City's standard development standards as displayed in the appendices. The owner is also requesting a Tentative Subdivision Map to subdivide the site into 16 lots and common area. The proposed development complies with the requirements of SSFMC Title 19 Subdivision Ordinance. The draft Covenants, Conditions and Restrictions (CC&Rs) have been reviewed by the City Attorney and determined to comply with the City's requirements. Because the project involves a Tentative Subdivision Map the project will also be required to be reviewed by the City Council. DESIGN REVIEW BOARD The project was reviewed by the Design Review Board at their meetings of February 20, July 17 November 20, 2001, and November 19, 2002. At the first meeting the Board suggested that the applicant revise the landscape plan to define a planting area at the east end, find a substitute for the coast live oak, crabapple and other plants and re-visit the tree patterns to ensure that individual lots have appropriate trees, provide more articulation to the retaining walls and curve the walls to provide greater informality and at lot 11 carry the wall to the building and allow for a sidewalk to wrap around, increase the size of the tot lot and consider relocating the facility to the interior of the site, provide additional articulation of the exterior building facades, provide interior clear garage dimensions of 20 feet by 20 feet, and tone down the wall and roof tile color. The applicant revised the plans in response to many, but not all, of the Board comments. At the second meeting in July, the Board asked that the applicant revise the plans to replace the tulip tree with another more appropriate specie, provide taller trees along Hillside Boulevard and provide trees to provide privacy between decks, double the number of trees on the interior street, add curbing around the driveway planters, review the size of the tot lot to ensure that it is usable, increase the building articulation along Hillside Boulevard by adding scoring lines and trim around windows and door, provide additional design detailing on the end units, embellish the balcony support by increasing the size, review the need for handicap access fi:om the site to the street with the City's Chief Building Official, wrap the sidewalk around the tot lot to the street, -29- Staff Report To: Planning Commission Subject: Stonegate Estates ND 01-012, PUD 01-012, SA 01-012, DR 01-012 & HA 01-012 June 17, 2004 Page 4 of 6 enclose the washer, dyer and water heater, confirm the parking space depth meet City standards. The applicant revised the plans in accordance with the Board's comments. At the third meeting the Board recommended approval of the development and suggested that the final plans incorporate larger balcony support posts and verify adequacy of garage interior heights. At the most recent Board meeting in November 2002, the DRB suggested that the retaining walls be redesigned so as not to constrict the common open space, maintain the possibility of keeping a play area for kids in the common open space, check with the Engineering Division to ensure that the rear comer of Unit 16 does not obstruct the line-of-sight of the traffic coming down the hill from Stonegate Drive, and provide a more detailed Landscape plan. The City's Engineering Division has reviewed the plans and determined that the vehicle sight line is adequate, however, it will mean that the landscape area adjacent to mt 16 needs to be reduced in height and will include only ground cover. Staff also notes that no exterior perimeter fence is indicated on the plans, but may be desirable for privacy screening of the upper story windows and yards. The applicant intends to incorporate the Board's design suggestions together with the Planning Commission comments. This has been made a condition of approval. PLANNING COMMISSION STUDY SESSIONS The Planning Commission reviewed the proposed development at study sessions conducted during December 2001 and December 2002. At the first Study Session the Commissioners determined that the development needed to be extensively revised so that the future buildings reflected the sun'oundings. The key comments included redesigning or eliminating the balconies, increase the on-site useable open space, relocate the recreation area to the interior of the site, provide better vehicle access to the corner unit, design the development to better fit the site topography, and resubmit the plans for review by the Design Review Board. The applicant significantly revised the plans incorporating the Planning Commissioner's comments. Among the key changes are the following: the unit count has dropped from 20 dwellings to 16, the units are now a mixture of detached single family dwelling and attached town homes, the common area has been moved to the center of the site and the westerly access point has been shifted to align more evenly with at Stonegate Drive, the units have been redesigned to increase the spacing between the detached single family dwellings, and the -30- Staff Report To: Planning Commission Subject: Stonegate Estates ND 01-012, PUD 01-012, SA 01-012, DR 01-012 & HA 01-012 June 17, 2004 Page 5 of 6 balconies have been redesigned. At the last Study Session, the Planning Commissioners determined that the proposed development generally complied with the Commissioner's previous comments. NEIGltllORHOOD MEETING A neighborhood meeting was conducted on February 26, 2003. The meeting stared at 6:30 PM was attended by the owner, the project architect, City staff and several neighbors. The owner and architect reviewed the project, the Planning Commissioner's concerns and the revised plans. The neighbors expressed many concems including potential loss of views, loss of on-street parking along Ridgeview Drive, traffic circulation in the vicinity of Stonegate Drive and pedestrian access to Hillside Boulevard. All of the issues were discussed at length. The owner and architect demonstrated that the development was below the existing dwellings and would not block views. The project traffic associated 16 new dwellings was reviewed together with the sight line restrictions of the proposed new intersection on Ridgeview Drive near Hillside Boulevard. The neighbor's consensus appeared to be that the proposed development was acceptable as designed. ENVIRONMENTAL REVIEW City staffprepared and circulated a Mitigated Negative Declaration for twenty (20) days in accordance with the California Environmental Quality Act. The public comments period started on April 4, 2003 and ended on April 24, 2003. No substantive comments were received. The Mitigated Negative Declaration focused on a few key issues including: storm water runoff, construction impacts, traffic and aesthetics. The proposed Project would require grading, a construction activity with a high potential for creating air pollutants via dust emissions. The proposed development could cause impacts to water quality during wet weather due to stonn water runoff. Project construction would result in temporary short-term noise increases due to the operation of heavy equipment. The site is exposed to traffic generated acoustic levels in excess of 65 decibels representing a significant adverse noise impact to future residents. The entry drive closet to hillside Boulevard has a traffic sight line obstruction up along Ridgeview Drive if the area is landscape with shrubs or trees. Mitigation measures are included as conditions of approval to reduce these impacts to a less than significant level. Mitigation measures include dust suppression, storm water pollution prevention program, acoustic insulation of dwellings, construction noise reduction program, and landscape -31- Staff Report To: Planning Commission Subject: Stonegate Estates ND 01-012, PUD 01-012, SA 01-012, DR 01-012 & HA 01-012 June 17, 2004 Page 6 of 6 restrictions to ensure traffic sight line at the westerly project entry. Greater detail regarding the impacts and mitigation measures are contained in the Mitigated Negative Declaration. A Mitigation Monitoring Program was submitted by the owner and reviewed by the City Attorney. A copy of the program is attached. CONCLUSION: The construction of single family dwellings and town homes and subdivision of the site are consistent with the City's General Plan and with all applicable requirements of the City's Zoning and Subdivision Ordinances. The Planning Commission should recommend that the City Council approve 1) Mitigated Negative Declaration assessing environmental impacts of a new 16 unit residential subdivision, in accordance with California Environmental Quality Act, 2) Planned Unit Development allowing 6 single family dwellings and 10 town homes, and common area with exceptions for smaller lots, increased lot coverage and reduced building setbacks, 3) Tentative Subdivision Map creating 16 residential lots and common area, 4) Design Review of 6 single three-story family dwellings, and 10 three-story town homes and a small on-site tot lot, 5) Affordable Housing Agreement between the applicant and the City of South San Francisco for the Housing Agreement between the applicant and the City of South San Francisco for the construction or rehabilitation of the equivalent of 3.2 dwellings as affordable housing units, subject to making the required findings and adopting the conditions of approval. ATTACHMENTS: Development Standards Draft Planning Commission Resolution Draft Conditions of Approval Draft Planned Unit Development Findings Draft Tentative Parcel Map Findings Draft Affordable Housing Agreement DRB Minutes -32- StaffReport To: Planning Commission Subject: Stonegate Estates ND 01-012, PUD 01-012, SA 01-012, DP. 01-012 & HA 01-012 June 17, 2004 Page 7 of 6 February 20, 2001 July 17, 2001 June 18, 2002 November 20, 2001 November 19, 2002 Planning Commission Minutes December 6, 2001 December 19, 2002 Neighborhood Meeting Notice, Notes and Attendance Draft Housing Agreement Draft CC&R~ Plans Mitigated Negative Declaration Mitigation Monitoring Program -33- DEVELOPMENT STANDARDS Site Area: 1.4 acres [60,984 SF] Density: Maximum: W/Affordable Units 22.5 Du/Ac. Proposed: 11.43 Du/Ac Height Max/mum: 35 FT Proposed: 30-35FT Landscaping: Minimum: 10 % Proposed: 27.5% Automobile Parking Single Family Minimum: 2/Unit Town homes Minimum: .4/unit Proposed: 4/Unit Including Driveway Proposed: 4/unit Including Driveway Total of 69 parking spaces or an average of 4.31 spaces/unit Average Unit Size: 2,220 SF Average Lot size: 2,650 SF Average Lot Coverage: 42.7% Setbacks: Minimum Proposed Front 15 FT 15 FT Side 5 FT 0 FT - 10 FT* Rear 20 FT 6 FT - 24 FT* Unit Number. Lot Sizes: A 3 2,805 - 3,293 SF B 3 3,293 - 3,544 SF C 10 2,236 - 2,534 SF Retaining Wall Heights vary up to 12 feet in height. Notes: Exceptions requested for lot size and setbacks. -34- Sheet1 STONEGATE ESTATES SOUTH SAN FRANCISCO RESIDENTIAL HOMES PROPOSED BUDGET FOR MAINTENANCE ;OpERATION:AND RESERVES COMMON AREA 'YEAR 1 YEAR. 2 .YEAR 3 YEAR 4 MAINTENANCE: LANDSCAPE. <12,000 REPAIRS :,3,000 OTHER ' 1,200 12,480 .':12,979 '13,49B · 3,.120 3,245 ::.3,375 ~1,248 :vl,29B ' 1,350 YEAR $ 14,038 3,510 1,404 OPERATIONS: UTILITIES '1,200 MANAGEMENT FEE '2,400 OFFICE EXPENSE 600 INSURANCE 1,800 '1,248 ' 2,496 624 'i ,B72 .1,298 2,596. 649 .'1,94.'7 ! ,350 1,404 · Z,700 2,80B 675 702 2,025 ?_,106 RESERVES: PAVEMENT OTHER IMPROVEMENTs LANDSCAPE 2-,400, .' 1,500 ' 3,0oo. · .2,4oo · 2,4oo 1,500 1,500 "'3,000 3,000 · 2,400 2,400 1,500 t ,500 ' 3,000 ' 3,000 30,264 :'3ii475 PER UNIT: . YEARLY ..... $1,819 ~'$1 ,B92 : ~':$1,967 '$2.,'04.6 ,$2,128 MONTHLY ' "$152 ~" '"~'$158 ~: '"$1ecat $170 $177 ANALYSIS OF RESERVES: pAVEMENT: '' OTHER IMPROVEMENTS: LANDSCAPING:' REPLACEMENT ~RY'30.~S WITH CuRRENT COST OF $36,000' RESU.RFACING EVERY 5 YEARS A'F'$6,ODo' '':'~ ':"' . . DITCH, ELECTROLIERS,' PIPES, OTHER 'REPLACEMENT EVERY" 40 YEARS ~IVITH CURRENT COST. OF $60,000 . .. · REFURBISHING EVERY 15 YEARS WITH CURRENT COST' OF $45,'000 Page t - 3 5 - RESOLUTION NO. PLANNING COMMISSION OF TtIF~ CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION RECOMMENDING APPROVAL OF A MITIGATED NEGATIVE DECLARATION, PLANNED UNIT DEVELOPMENT, TENTATIVE SUBDIVISION MAI' AND AFFORDABLE HOUSING AGREEMENT FOR THE PROPERTY LOCATED AT TlqV~ INTERSECTION OF HII,LSIDE AVENUE AND STONEGATE DRIVE AND AS SUBMITTED BY HII,LSIDE LAND L.L.C. SOUTH SAN FRANCISCO WHEREAS, in November of 2002, the Applicant applied to the City to proceed with development of six detached three-story single, family dwellings and ten attached three story town homes on an 1.4 acre site comprised of two separate and vacant parcels within the City of South San Francisco. The application is for: 1) a Mitigated Negative Declaration; 2) a PUD permit; 3) a Tentative Subdivision Map; and 4) an Affordable Housing Agreement; and, WHEREAS, the entitlements provide for a 16 unit single family residential development on a 1.4 acre site, with 3.2 units offsite reserved for persons and families of low and moderate income; and, WHEREAS, the Planning Commission last reviewed the proposed project at a study session in December of 2002, at which several modifications and changes to the project were requested to accommodate community and Planning Commission concerns; and, WHERE., the project has been revised to reflect the changes requested by the Planning Commission; and, WHEREAS, on June 17th, 2004, the Planning Commission held a properly noticed pubhc hearing to consider the project application and associated land use entitlements; and WHEREAS, the Planning Commission has determined that construction of single family dwellings and town homes and subdivisions of the site are consistent with the City's General Plan and with all applicable requirements of the City's Zoning and Subdivision Ordinances NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of South San Francisco hereby adopts the following findings based upon the entire record for the Stonegate Estates development, including without limitation, the South San Francisco General Plan, and General Plan Environmental Impact Report, the proposed Planned Unit Development Permit, the Development Standards, the Draft Conditions of Approval, the Draft Planned Unit Development Findings,' the Draft Tentative Parcel Map Findings, the Draf~ Affordable Housing Agreement, the Design Review Board Meeting Minutes of February 20, 2001, July 17, 2001, 6985594 -36- November 20, 2001 and November 19, 2002, Planning Commission Minutes of December 6, 2001 and December 19, 2002, the Neighborhood Meeting Notice, Notes and Attendance, the Draft Affordable Housing Agreement, the Applicant's Project Narrative, Plans, the Mitigated Negative Declaration, the Planning Commission staff report dated June 17, 2004, and testimony and materials submitted at the Planning Commission meeting on June 17, 2004: 1...Mitigated Negative Declaration. City Staff prepared and circulated a Mitigated Negative Declaration for twenty days in accordance with the California Environmental Quality Act (CEQA). The public comments period started on April 4, 2003 and ended on April 24, 2003. No substantive comments were received. The Mitigated Negative Declaration adequately describes the impacts of the project, most of which relate to storm water runoff, construction impacts, traffic, and aesthetics. As reflected in the Mitigated Negative Declaration, the proposed mitigation measures are included as conditions of approval to reduce these impacts to a less than significant level, and include dust suppression, storm water pollution prevention program, acoustic insulation of dwellings, a construction noise reduction program, and landscaping restrictions to ensure traffic sight lines at the western project entry. Project specific environmental effects have been analyzed in the Initial Study/Mitigated Negative Declaration which determined that the project will not have a significant effect on the environment with the ,application of mitigation measures identified in the Mitigated Negative Declaration. There is no substantial evidence in light of the whole record before the City that the project as mitigated will have a significant effect on the environment. The Mitigated Negative Declaration has been completed in compliance with CEQA and the CEQA Guidelines. The Mitigated Negative Declaration is complete and adequate and reflects the City's independent judgment and analysis as to the environmental effects of the proposed land use amendments 2. Planned Unit Development Permit As required by the Planned Unit Development Procedures [SSFMC Chapter 20.84], the following findings are made in approval of a Modification of a Residential Planned Unit Development 01-012, to approve a residential Planned Unit Development allowing a new residential development consisting of 6 detached single family dwellings and 10 town homes with common area: Ao The 1.4 acre site is physically suitable for a new 16 unit residential development with common area. Exceptions for the development include reduced lot size, increased lot coverage and reduced building setbacks are similar to those allowed for other area residential developments. The new dwellings are of similar style to existing adjacent dwellings and shares similar floor area ratios. The new development is in conformity to the area in that the development closely mimics the lot area of the surrounding dwellings, general architecture and landscaping. A Geologic and Geotechnical Report has been prepared by the applicant's consultant. The 698.559-1 -37- report has determined that the site is suitable for development if the report recommendations are implemented. The City's Design Review Board recommended approval of the proposed development. Conditions of approval require that the development of the site follow the recommendations contained in the reports and conform to the City's development standards B. The new residential development has been reviewed and recommended for approval by the City's Design Review Board to be in accordance with the City of South San Francisco Design Guidelines and to provide a high quality of fit with the existing neighborhood. The new dwellings with exceptions are similar in design, floor area ratios and lot configuration as many of the existing neighborhood dwellings. The new lots will reinforce a residential environment of sustained desirability and stability by matching the development quahty and design. C. The new residential development with a resulting density of 11.43 units per net acre will result in a land use intensity no higher than that permitted by the General Plan Land Use Element designation of the site of Medium Density Residential with a maximum density of 18.0 units per net acre and the maximum density of 15.0 units per net acre allowed by the site's Zoning of Medium Density Residential Zone District [R-2-H-P]. D. The proposed development is consistent with the General Plan Land Use Element designation of the site of Medium Density Residential and the Housing Element that encourages the development of housing to meet the City's fair share housing need. E. The new residential development will not be adverse to the public health, safety or general welfare of the community, or unreasonably detrimental to surrounding properties or improvements. The development is designed to comply with the City design guidelines and the architectural theme of the · surrounding residential enclave. Conditions of approval are attached which will ensure that the development complies with local development standards and requirements. Payment of childcare impact fees will help to improve childcare services Provision of the equivalent of 3.2 affordable dwellings will assist the City in meeting the need for affordable housing. 3. Tentative Subdivision M~. As required by the Tentative Subdivision Map Procedures [SSFMC Title 19], the following findings are made in approval of P01-0012, to approve a Tentative Subdivision Map allowing a new residential subdivision consisting of 6 single family dwellings, 10 town homes, and common area with exceptions for smaller lots, increased lot coverage and reduced building setbacks: A. The proposed lots generally conform with the requirements of the State Subdivision Map Act and with the requirements of the City of South San Francisco Title 19 Subdivision Code. The map conforms to City standards with regards to design, drainage, utilities, and road improvements. No 698~9-1 -38- Be offers of dedication are required. The lots, which vary in size and dimension, are equivalent or larger than the sizes and configuration of residential lots in the immediate project vicinity, but are less than the City's minimum lot size requirements. The Planned unit Development associated with the proposed development allows exceptions to the City's minimum lot size and configuration. Conditions of approval will ensure that the development complies with the Planned Unit Development and other City development standards. The proposed 16 lot subdivision with a density of 11.43 dwellings per net acre complies with the General Plan Land Use Element designation of the site of Medium Density Residential. The provision of affordable housing will help the City meet its fair share allocation requirements and is consistent with the Housing Element policies regarding affordable housing. The Planned Unit Development associated with the proposed development allows exceptions to the minimum lot size, increased lot coverage and building setback requirements delineated in SSFMC Title 20 Zoning Regulations. 41 Affordable Housing Agreement. In accordance with SSFMC Chapter 20.125, twenty percent of the total number of project units, or 3.2 dwellings, are required to be restricted as affordable units. The project owner and city staffhave developed an affordable housing plan that allows the creation of affordable units off-site, but obligates the developer to fulfill the obligation prior to the final inspection of units on the project site. SSFMC 20.125.080 provides that an affordable housing requirement under that chapter may be satisfied with offsite construction when it can be demonstrated that the chapter's goals and the City's housing element would be better served by allowing some or all of the inclusionary units to be produced and operated at an alternative site. Factors to be weighed in this determination include the feasibility of the onsite option including project size and site constraints. City staffhave determined the construction of below market rate units on the site of the Project Property would be infeasible in light of the project size and site constraints and agreed that providing the below market rate rental units offsite at the designated location will be sufficient to meet the requirements of the Inclusionary Housing Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of South San Francisco does hereby: Recommends approval of the Mitigated Negative Declaration assessing environmental impacts of this new sixteen mt residential subdivision, in accordance with the California Environmental Quality Act. Bo Recommends approval of the Planned Unit Development allowing six detached single family dwellings and ten attached town homes, and common area with exceptions for smaller lots, increased lot coverage and reduced building setbacks.. 6g85:.')g-1 -39- Ce Recommends approval of the Tentative Subdivision Map creating sixteen residential lots and common area. Do Recommends approval of the Affordable Housing Agreement between the applicant and the City for the construction or rehabilitation of the equivalent of 3.2 dwellings as affordable housing units, subject to making the required findings and adopting the conditions of approval. I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City of South San Francisco at the regular meeting held on the day of 2004, by the following vote: AYES: NOES: ABSTENTIONS: ABSENT: Attest: Thomas C. Sparks Secretary to the Planning Commission -40- CONDITIONS OF APPROVAL STONEGATE ESTATES MND, SA, PUD & DR 01-012 (As recommended by City Staff on June 17, 2004) PLANNING DIVISION: The applicant shall comply with the City's Standard Conditions and with all the requirements of all affected City Divisions and Departments as contained in the attached conditions, except as amended by the conditions of approval. The construction drawings shall substantially comply with the Planning Commission approved plans, as amended by the conditions of approval including the Architectural and Landscape Plans, prepared by The Paul Davis Partnership, dated January 19, 2004, Civil Engineering, Grading and Drainage, and Tentative Subdivision Map plans prepared by Charles W. Davidson Company, dated February 4, 2004, and Geologic and Geotechnical En~neering Investigation for the Southeast Comer of Hillside Boulevard and Ridgeview Court, prepared by Klein/elder, Inc., dated October 12, 2000 in association with P01-012. ° The'landscape plan shall include mature shrubs and trees. Shrubs shall be a minirm,u:n size of 15 gallons, trees shall have a minimum size of 24 inch box and 15% of the total number of proposed trees shall have a minimum size of 36 inch box. The landscape plan shall be subject to the review and approval by the City's Chief Planner. Prior to the issuance of any Building Permit, the Final Subdivision Map shall be subject to the review and approval by the City En~neer. The Final CC&Rs shall be subject to the review and approval by the City's Chief Planner, City Engineer and City Attorney. Both the Final Subdivision Map and CC&Rs shall be recorded with the San Mateo County Recorder's Office prior to the issuance of any Building Permit. Prior to the final occupancy for each dwelling, the owner shall pay the child care impact fee in effect at the time as required by SSFMC Chapter 20.115 for the associated dwelling unit. The current fee per dwelling is $1,630.00. The total fee for all the dwellings is estimated to be $26,080.00 (16 dwellings x $1,630.00/unit = $26,080). Prior to the issuance of any building permit the owner shall implement the provisions Affordable Housing Agreement. The implementation plan shall -41- be subject to the review an approval of the City's Homing Division Manager. The applicant shall comply with all mitigation measures and the Mitigation Monitoring Program associated with Mitigated NegatiVe Declaration 01-012. (Planning Contact Person: Steve Carlson, Senior Planner, 650/877-8353, Fax 650/829-6639) B. ENGINEERING DMSION: 1. STANDARD CONDITIONS The Developer shall comply with the Engineering Division's "Standard Subdivision and Use Permit Conditions for Townhouse, Condominium and Apartment Developments with Private Streets and Utilities", consisting of 8 pages. These conditions are contained in the Engineering Division's "Standard Conditions for Subdivisions and Private Developments" booklet, dated January 1998, (copies of this booklet are available at no cost to the applicant from the Planning and En~neering Divisions). 2. SPECIAL CONDITIONS The existing downstream public drainage system has not been shown to have · sufficient excess capacity to accommodate the storm water nmoff from the fully improved Hillside Town homes Subdivision. In order to mitigate the :potential impact of the storm water nmoff from the improved site, the Subdivider shall design and construct improvements that will retain the subdivision's storm water on site, so that it will not exceed the storm water nmoff from the site in its existing, unimproved, condition, during a 25-year design storm. The town house driveway aprons shall provide a minimum distance of 20 feet (which is the standard for single family detached homes in the Municipal Code and is the standard discussed in the applicant's project narrative dated October 17, 2002), between the garage door and the back of the sidewalk or street curb, as applicable, to permit the aprons to be used for additional guest parking and temporary vehicle parking. Driveway aprons shall have a maximum gradient of 12%, measured from the gutter flow line or pavement surface to the garage slab. The subdivider shall conform to the project's approved "Site Distance Study" requirements for landscape, grading, fencing, buildings and any other sightline obstructions along the frontage of Stonegate Drive, southeast of the -42- lower exit driveway. Provide calculations of stopping sight distance, which account for the roadway grade. The subdivision's common area infrastructure, including the roadway, sewer, and drainage improvements, shall be owned and maintained by the subdivision% homeowners association, not the City of South San Francisco. The subdivision final map shall contain a statement that no improvements within the boundaries of the subdivision are being dedicated to the City, within the proposed utility or other easements shown on the final map. eo The proposed yearly Homeowner's Association Budget shall be submitted to the City En~neer for review and approval, as to the adequacy of the estimated common area improvements and infrastructure maintenance and capital improvement replacement and repair reserves. In accordance with current City Ordinances and the Standard Conditions, storm water pollution control devices and filters (such as a Stormcepter or CDS unit) shall be installed within the site drainage ouffall system from the subdivision to prevent pollutants deposited within the site entering the public drainage system and eventually San Francisco Bay. Plans for these filters and any on-site retention facilities shall be submitted to the Engineering Division and the City's Environmental Compliance Coordinator for review and approval. go The applicant shall relinquish vehicle access along Hillside Boulevard, Stonegate Drive, and Ridgeview Court, except at the two interior driveway intersections with public streets. h. Owner on Tentative Map must match the owner listed in the title report. OFF-SITE IMPRO MENTS Various off-site improvements will be required to be constructed by the subdivider, such as intersection conform modifications, sidewalk and curb and gutter repairs and sewer, storm drain and utility connections and modifications within Ridgeview Court. Prior to the City Council approving the final map for the subject subdivision, the subdivider shall enter into a subdivision improvement agreement to secure the installation of all off-site public improvements. Alternately, the subdivider may obtain an encroachment permit from the Engineering Division and post cash deposit to secure the performance and payment of the work within the public street right-of-ways as shown on the approved improvement plans, prior to filing the final map for approval by the City Council. INSPECTION -43- The Engineering Division provides limited inspection services for the construction of the private streets and utilities within the subdivision, that are not inspected by the Ci~s Building Division or the developer's civil and geotechnical engineers'. ao In order to compensate the City for our inspection costs, the developer shall pay the hourly costs for services provided by the City's Construction ln~ection staff, on a time and materials basis, in connection with the development of the subject subdivision improvements. bo The inspection costs w/Il be billed monthly. The Subdivider shall pay City invoices within 30 days of their receipt and shall pay all outstanding charges prior to receiving an Occupancy Permit for the homes. TEMPORARY AND PERMANENT OCCUPANCY The subdivider will likely request temporary occupancy of one or more homes to be used as models. Also, the subdivision's permanent residents will probably want to move into their homes before heavy construction within the project is complete. Either request could result in the public and/or residents being impacted in various health and safety ways by the construction activities. Prior to receiving a temporary certificate of occupancy for a model home within the subdivision, the developer shall submit for the City sta~s review and approval a plan that will address at a minimum, the following items: 1) All construction areas shall be completely fenced off from areas accessible by the visiting public. 2) All areas subject to public travel shall be provided with adequate street and area lighting meeting the Police Department's requirements. 3) A parking and lraffic safety plan shall be prepared and implemented. Pavement, curb, gutter and sidewalk,q shall be provided within the model home complex. bo Prior to receiving permanent occupancy permits for the homes within the subdivision, the developer shall submit for the City staffs review and approval a plan that w/Il address, at a minimum, the following items: 1) All construction areas shall be completely fenced off from the portion of the site occupied by the new residents and subject to public access. -44- Ce 2) All street lights within the occupied portion of the subdivision shall be operational and lit 3) All traffic signs and pavement markings within the portion~ofthe site accessible by the public shall be installed in aecordauce with the approved plans. 4) All site improvements within areas subject to public access shall be complete in aceordauce with the approved subdivision improvement, grading, drainage and utility plans. 5) Horn of construction activities shall be limited to the hours of 8 a.m. to 6 p.m., Monday through Friday (excluding holidays). (Engineering Contact Person: Richard Harmon, 650/829-6652) POLICE DEPARTMENT: 1. Site Plan and Subdivision M~ The Police Department has no concerns with the subdivision map. On-site parking and circulation appear adequate and acceptable for the project. Co The applicant shall submit a list of proposed street names for the project to be reviewed and approved by the Police Department before filing of the parcel maps. City policy precludes the use of street names that are duplicates or sound alike of existing streets or names of living persons. Street names should be easy to · pronounce, contain no unconventional spelling, and be 'unconfusing so that the public and the children, in particular, can handle the names in au emergency situation. The use of E1 Rancho Drive is pennissible. do No fire lanes will be approved on site. The roadway system shall be designed so that roadways are wide enough so fire lanes are not necessary. 2. Municipal Code Compliance ao The applicant shall comply with the provisions of Chapter 15.48 of the Municipal Code, "Minimum Building Security Standards" Ordinance, revised May 1995. The Police Department reserves the right to make additional security and safety conditions, if necessary, upon receipt of -45- detailed/revised building plans, The applicant shall assure that the requirements and restrictions on construction noise (including deliveries, equipment warmup and maintenance, etc.) prescribed in chapter 8.32 of the municipal code are not violated by their own personnel or any subcontractors working on the project. 3. .Security and Safe _ty Conditions a. Security Planting 1) Landscaping shall of the type and situated in locations to maximize observation while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines and under vulnerable windows. b. Doors 1) All exterior wood doors and doors leading fi.om enclosed garage areas shall be solid core with a minimum thickness of 1- 3/4". 2) Door fi.aming shall comply with section 15.48.060A. 1.h.; details can be provided by the Building ln~ector. 3) Main entrance doors, pedestrian garage exit doors, and doors leading fi.om enclosed garage areas into single-family dwellings shall be secured with a single-cylinder deadbolt lock with a minimum throw of one inch. The locks into the residence shall be so constructed that both deadbolt and deadlocking latch can be retracted by a single action of the inside door knob. (Garage exit doors and rear french doors may have a regular deadbolt lock.) b) Strike plates shall be secured to wooden jambs with at least 2 inch wood screws. 4) Vision panels in exterior doors or within reach of the inside activating device shall be of burglary-resistant glazing or equivalent.~ (This includes the fixed garage window adjacent to the exit door and french door glazing panels within reach of the locking device.) 5/16' secudty laminate, %" polycarbonate or approved security film treatment, minimum. -46- Co 5) Overhead garage doors shall be equipped with automatic openers and shall not have bottom vents except those doors having double louvered or shielded vents or approved alternate devices to protect the locking mechanism. Windows 1) Windows shall be constructed so that when the window is locked, it cannot be lifted from the frame. 2) The sliding portion of a sliding glass window shall be on the inside track. 3) Window locking devices shall be capable of withstanding a force of 300 lbs. in any direction. d. Numbering 1) A street number shall be displayed in a prominent location on the street side of the residence in such a position that the number is easily visible to approaching emergency vehicles. a) The numerals shall be no less than four (4) inches in height and shall be of a contrasting color to the background to which they are attached. b) The numerals shall be lighted at night. 2) The applicant shall submit a project addressing prior to building permit application. Addresses should run in a clockwise direction. e. Lighting Each entry and exit door shall be equipped with a light source of sufficient wattage to illuminate the door, porch, and stairway. Area lights, switch controlled from inside the residence, are encouraged to illuminate the rear and side yards. f. Other 1) The developer/apphcant shall enclose the entire perimeter of the project with a chain link fence with necessary construction gates to be locked after normal construction hours. A security person shall be provided to patrol the project after normal -47- 2) 3) working hours during all phases of construction, and adequate security lighting shall be provided to illuminate vulnerable equipment and materials. 4) The applicant's voluntary installation of security alarm systems as a standard amenity in all residential units constmcted, is encouraged on this project. The applicant shall submit an addressing plan for the project to be reviewed and approved by the Police Departmem. The applicant shall indicate if the plan should be approved considering principles ofFeng Shui. The applicant shall submit a phasing plan for the project to be approved by the city as part of their first building permit application. The phasing plan shall include detail on the separation of construction activity from the use circulation and occupancy of residential units and model un/ts and sales office activities. (Police Department contact person: Sergeant E. Alan Normandy (650/877-8927) D. FIRE DEPARTMENT: All buildings shall be fire sprinklered for buildings with a height 3 stories or more. Roof line extends past property line. Fire area for fire flow will be assessed using Table 111~_ of the Fire Area exceeding 3,600 sq ft. Describe common walls at property lines. ( Fire Department contact person: Fire Marshal, Mo Dong (650/829-6671) WATER QUALITY CONTROL PLANT: The onsite new catch basins are to be stenciled with the approved Sau Mateo Countywide Stormwater Logo. Please have applicant contact Ray Honan at Water Quality Control for details. In accordance with the Municipal Code and Federal law, new stormwater pollution control devices CDS Units/Stormceptor are to be installed in any new drainage inlets. Existing catch basins are to be retrofitted with catch basin inserts or equivalents. In addition, the applicant is required to submit maintenance schedules for the inserts and CDS Units/Stormceptors. Submit schedules to the Environmental Coordinator. -48- 3. That the applicant pays a Sewer Connection Fee based on the amount of Townhomes constructed. Current fee is $1,514.00/dwelling. Have applicant contact Ray Honan for details. 4. An Erosion Control Plan is required prior to the issuance of a grading permit. Have copy submitted to Ray Honan at Water Quality. 5. Additional comments when building plans are submitted. (Water Quality Control contact person: Ray Honan, (650/877-8634) -49- FINDINGS OF APPROVAL TENTATIVE SUBDMSION MAP P 01-0012 STONEGATE ESTATES (As recommended by City Staff June 17, 2004) As required by the Tentative Subdivision Map Procedures [SSFMC Title 19], the following findings are made in approval of P01-0012, approve a Tentative Subdivision Map allowing a new residential subdivision consisting of 6 single family dwellings, 10 town homes, and common area with exceptions for smaller lots, increased lot coverage and reduced building setbacks, based on public testimony and the materials submitted to the City of South San Francisco Planning Commission which include, but are not limited to: Tentative Subdivision Map prepared by Charles W. Davidson, dated February 4, 2004; Planning Commission staff report, dated June 17, 2004; and Planning Commission meeting of June 17, 2004: The proposed lots generally conform with the requirements of the State Subdivision Map Act and with the requirements of the City of South San Francisco Title 19 Subdivision Code. The map conforms to City standards with regards to design, drainage, utilities, and road improvements. No offers of dedication are required. The lots, which vary in size and dixnension, are equivalent or larger than the sizes and configuration of residential lots in the immediate project vicinity, but are less than the City's minimum lot size requirements. The PlannedUnit Development associated with the proposed development allows exceptions to the City's minimum lot size and configuration. Conditions of approval will ensure that the development complies with the Planned Unit Development and other City development standards. The proposed 16 lot subdivision with a density of 11.43 dwellings per net acre complies with the General Plan Land Use Element designation of the site of Medium Density Residential. The provision of affordable housing will help the City meet its fair share allocation requirements and is consistent with the Housing Element policies regarding affordable housing. The Planned Unit Development associated with the proposed development allows exceptions to the minimum lot size, increased lot coverage and building setback requirements delineated in SSFMC Title 20 Zoning Regulations. -50- FINDINGS OF APPROVAL PUD P 01-012 STONEGATE ESTATES (As recommended by Cffy Staff June 17, 2004) As required by the Planned Unit Development Procedures [SSFMC Chapter 20.84], the following findings are made in approval of a Modification of a Residential Planned Unit Development 01-012, approve a residential Planned Unit Development allowing a new residential development consisting of 6 detached single family dwellings and 10 town homes with common area, subject to making the findings of approval and, based on public testimony and the materials submitted to the City of South San Francisco Planning Commission which include, but are not limited to: Plans prepared by The Paul Davis Partnership, dated January. 19, 2004; Design Review Board minutes of November 19, 2002; Design Review Board meeting of January 19, 2002; Planning Commission staff report, dated Junel 7, 2004; and Planning Commission meeting of June 17, 2004: The 1.4 acre site is physically suitable for a new 16 unit residential development with common area. Exceptions for the development include reduced lot size, increased lot coverage and reduced building setbacks are similar to those allowed for other area residential developments. The new dwellings are of similar style to existing adjacent dwellings and shares similar floor area ratios. The new development is in conformity to the area in that the development closely mimics the lot area of the sun'ounding dwellings, general architecture and landscaping. A Geologic and Geotechnical Report has been prepared by the applicant's consultant. The report has determined that the site is suitable for development if the report recommendations are implemented. The City's Design Review Board recommended approval of the proposed development. Conditions of approval require that the development of the site follow the recommendations contained in the reports and conform to the City's development standards. The new residential development has been reviewed and recommended for approval by the City's Design Review Board to be in accordance with the City of South San Francisco Design Guidelines and to provide a high quality of fit with the existing neighborhood. The new dwellings with exceptions are similar in design, floor area ratios and lot configuration as many of the existing neighborhood dwellings. The new lots will reinforce a residential environment of sustained desirability and stability by matching the development quality and design. The new residential development with a resulting density of 11.43 units per net acre will result in a land use intensity no higher than that permitted by the General Plan Land Use Element designation of the site of Medium Density Residential with a maximum density of 18.0 units per net acre and the maximum density of 15.0 units per net acre allowed by the site's Zoning of Medium Density Residential Zone District [R-2-H-P]. The project complies with the provisions of the California Environmental Quality Act. A Mitigated Negative Declaration was prepared and circulated for a minimum of 20 days. Mitigation measures are required to reduce impacts to a level less than significant. A Mitig - 51 -donitoring Program has been prepared. The proposed development is consistent with the General Plan Land Use Element designation of the site of Medium Density Residential and the Housing Element that encourages the development of housing to meet the City's fair share housing need. The new residential development will not be adverse to the public health, safety or general welfare of the community, or unreasonably detrimental to surrounding properties or improvements. The development is designed to comply w/th the City design guidelines and the architectural theme of the surrounding residential enclave. Conditions of approval are attached which will ensure that the development complies with local development standards and requirements. Payment of childcare impact fees will help to improve childcare services Provision of the equivalent of 3.2 affordable dwellings will assist the City in meeting the need for affordable housing. The new residential development with exceptions complies with the City's adopted design guidelines. The development was reviewed by the City's Design Review Board for conformance with the City's Design Guidelines and the quality of fit with the existing neighborhood and was recommended for approval at the Board's meeting of November 19, 2002. -52- If curved elements are proposed for the building, then this concept should start from the ground up. A comprehensive treatment should tie together the building, landscape, pedestrian walkways and amenities (benches, signage, etc.) so as to avoid individual tacked-on elements. For example: Are there places where the sidewalk should curve? Curved seat walls? Curved landscape areas? 7. Instead of using palm.q planted in long formal rows, cluster other evergreen and deciduous trees in a more informal pattern throughout the site. Use trees that are more suitable to South San Francisco's climate and soils. Also, save existing trees to the extent possible, since growing new ones tends to be very difficult in this area. 8. The color scheme proposed for the building is good. 9. The drawings are not consistent with the model. 10. Provide a landscape plan. 11. The drawings should be revised to address the comments above, then brought back to the Board for another review. Stonegate Estates Townhomes Hillside Land 1J.C - owner Paul E. Davis - applicant Hillside Boulevard and Stonegate Drive PUD-01-012 Planned Unit Development and Tentative Subdivision for 20 townhomes. The Board had the following comments: 1. Coast Live Oak doesn't grow well in confined root zones - look at altematives, such as Evergreen Ash. 'Also, choose something with a tall, pyramidal shape so it doesnl choke out the available open area between the buildings. 2. Articulate the retaining wall along Stonegate Drive better; use the available horizontal space to step back the retaining wall in se~m-nents along its length. Also, curve the wall more informally, instead of awkwardly following the property line without further thought. 3. Define the planting area at the east end of the site and landscape it. A retaining wall with plantings along the base is one option. 4. The crabapple variety selected is tough to grow here. Suggested alternatives include .flowering plum or other type more adaptable to SSF climate. Also, some of the other plant selections on the preliminary plant hst may not grow well here; a landscape architect should be consulted. 5. At lot 11, carry the retaining wall to the building and allow for a sidewalk to wrap around. 6. The tot lot needs further thought. It is not large enough, especially when required '"six foot fall zones" for play equipment are considered. Also, this may not be an appropriate location. 7. Re-visit the tree patterns and individual locations to ensure that individual lots have appropriate trees. 8. Provide additional building articulation at all side elevations. 9. Garage dimensions should be twenty feet interior clear minimum. 10. The wall and roof tile colors appear to be a bit bright and should be toned down. -53- Page 4 DRB Meetin~ of 2/20/01 Hill~de Townhomes Paul E. Davis, AIA-applicant Hillside Land LLC/John R. Hansen-owner Hill.~ide Blvd. at Stonegate Drive PUD, SA-01-012 & Negative Declaration ND-01-012 Tentative Subdivision Map and Planned unit Development allowing 20 townhomes and common area with exceptions for lot size, lot coverage and setbacks, situated at a vacant 1.4 acre site bounded by Hillside Boulevard and Ston~gate Drive in a Medium Density Residential Zone District (R-2-H-P), in accordance with SSFMC Chapters 20.78 and 20.84. (Case Planner: Steve Carlson) The Board had the following comments: a. Replace tulip tree with another species; consider an evergreen (all other trees are deciduous) also consider some tall trees along Hillside where buildings appear tallest; use trees to provide more privacy/separation between decks. b. Double the number of street trees on interior street. c. Add curbing around finger planters at driveways. d. Review the size of the tot lot to ensure it is actually usable (20x30) - work out the details. e. Hillside elevation looks quite plain. Add scoring lines, trim around windows, etc. f. Embellish balcony support posts (6x6 posts are a bit stark), increase size, etc. g. Additional design detailing needed especially on end units h. Concern noted about grade into garage on unit 11. Also, concern noted about accessibility into all recessed garage spaces due to height constraints and slopes. i. Does there need to be handicap access from site to City street? Discuss with Building Division - sidewalk could be wrapped around tot lot to street. j. Enclose washer, dryer and water heater. k. Check stall depth for parking spaces Metro PCS/IL C, Riley.applicant California Water Service-owner Avalon Water Tank/Avalon Drive UP-01-064 & Categorical Exemption Class 32 Section 15332 In-Fffi Development Projects Use Permit allowing a wireless communication facility comprised of 12 four foot tall antennas mounted on a 30 foot tall pole and ground mounted equipment shelter, situated at a water tank on Avalon Drive in a Single Family Residential Zone District, in accordance with SSFMC Chapter 20.105. (Case Planner: Steve Carlson) The Board had the fonowing comments: a. Increase the height of fence to fully screen equipment. b. If existing trees between Hwy 280 and proposed monopole are not evergreens, additional evergreen trees should be planted to ensure antenna would be screened year round. DINNER BREAK -54- 4. One of the handicapped parking spaces must be big enough for a van (9 feet wide with an 8-foot wide cross- hatched loading area adjacent). 5. Show streetscape in front of building including such improvements as sidewalk.q, curb & gutter, street trees, etc. 6. The landscaping on the site is minimal and should be improved to meet the minimum 10% coverage requirement. 7. There is no grading plan to show the slope of the parking lot. The accessible stalls should be graded at 2%, cross-hatched in one direction and level in the opposite direction to meet ADA requirements. There is no way to determine if the entrances to the building have the correct landings, sized and sloped per ADA. Revise plans and resubmit to the DRB for ~rther review. 13. MISCELLANEOUS: Stonegate Estates Site Address: }Iill.qide Boulevard & Stonegate Drive Applicant: The Paul Davis Partnership The Board had the following comments: 1. There is too little space between the units. Examine alternative site plans that might create more open space between each unit perhaps by joining some of the units together as duplexes. 2. Submit a comprehensive landscape plan to the Planning Division for review by David Nelson and Bill Harris. Mr. Nelson's and Mr. Harris's comments will be relayed to the applicant by the Project Planner, Steve Carlson, when they are received by the Planning Division. Thomas C. Sparks Chief Planner er20, 2001 o J Holiday Inn Express SRI Krishna Enterprises/Vijay Patel-owner/applicant 550 Gateway Blvd. · PP-00-040/MOD1 and Negative Declaration ND-97-086 (Certified) RESUBMITTAL Precise Plan Modification to allow a four story, 115 room hotel in place of an approved five- story, 145 room hotel at 550 Gateway Blvd. (Case Planner: Susy Kalkin) The Board had the following comments: Increase window width from 6' to 8'. Include horizontal bars on all windows (except at balconies). Add windows on stair tower to break up mass. Columm on porte cochere appear very close to the building entrance. Allow 4' minimum for handicap access. Tree patterning at front setback is attractive, but number of trees should be reduced from 4 to 3 trees per row. Consult landscape architect for alternative species at this location. Shrub species along perimeter of site needs to be identified and should be something that will grow 4-6 feet high. Resubmit revised elevations to staff for cursory review by Board. Oakmont SSF LLC/John Hansen-owner Paul Davis-applicant Westborough and Fleetwood DR-01-062 RESUBMITTAL Design review of a single family dwelling, situated at a vacant 7,535 square foot site on the south east comer of Fleetwood Drive and Westborough Boulevard in a Low Density Residential Zone District (R), in accordance with SSFMC Chapters 20.16. (Case Planner: Susy Kalkin) The Board had the following comments: Add one or more trees at the southeasterly comer of the residence to soften height and mass at this prominent location. Additionally, a minimum of three trees should be added along the easterly property line to aid in this screening effort. Include detail on fencing in building permit plans. Fences should be "good neighbor" type; no chain link. Hillside Townhomes Paul E. Davis, AIA-applicant Hillside Land LLC/John IL Hansen-owner Hillside Blvd. at Stonegate Drive PUl), SA-01-012 & Negative Declaration ND-01-012 10. 11. Tentative Subdivision Map and Planned unit Development allowing 20 townhomes and common area with exceptions for lot size, lot coverage and setbacks, situated at a vacant 1.4 acre site bounded by Hillside Boulevard and Stonegate Drive in a Medium Density Residential Zone District OR-2-H-P), in accordance with SSFMC Chapters 20.78 and 20.84. (Case Planner: Steve Carlson) The Board had the following comments: ao Balcony support posts should be increased in size to 8" by 8" where decks are stacked. On single decks, 6" by 6" supports are acceptable. Verify adequacy of garage heights in light of interior ceiling mounted garage door openers and driveway slopes. Central Concrete Supply Co., Inc./Dan Murray-owner John Marsh-applicant 205 So. Linden Ave. UP-01-089 & DR-01-089 Use Permit and Design Review allowing a construction and material services facility generating in excess of 100 acreage daily vehicle trips, situated at 205 So. Linden Ave. in the Industrial Zone District (M-l) in accordance with SSFMC Chapter 20.30. The Board had the following comments: do Parking spaces do not work. Many back out onto street. Handicap space is poorly located and should be shifted adjacent to ramp. The plans should be reworked to comply with the Zoning Ordinance requirements in terms of parking and circulation, setbacks, landscaping, ADA requirements, drainage, screening, etc. Entire site should be shown, including topography. Resubmit revised plans for DRB review. Embassy Christian Center/Mehrdad Elie-owner Joshua & Diane Krishna/apPlicant 91 Westborough Blvd. (1~t Floor) UP-01-090 and Categorical Exemption Class 1 Section 15301 Existing Facilities Use Permit to locate a church within an existing office building located at 91 Westborough Boulevard in the Planned Commercial (P-C) Zoning District in accordance with SSFMC Section 20.24.030. The applicant did not attend. The Board commented only that handicap accessibility requirements are not adequately addressed on the plans. -57- OWN-ER: APPLICANT: ADDRESS: PROJECT NUMBER: PROJECT NAME: Levitz SL San Francisco, LLC Klaff Realty, L.P. 900 Dubuque Ave. /No'q ~q, 2.0o P02-0082 and Negative Declaration ND02-0082 (Case Planner: Steve Carlson) Use Permit RESUBMITTAL DESCRIPTION: Use Permit to allow two R & D/office/lab buildings (3-story & 4-story) with one 4-level parking structure in the (P-C) Planned Commercial Zoning District in accordance with SSFMC Chapter 20.79. The Board had the following comments: 1. Landscape the loading dock screen wall with vines and/or shrubs, or integrate it with the 1st floor of the building. 2. Change the 5 trees forming the arc in front of the parking garage to Canary island pines. 3. Score the concrete along the north elevation of the garage and the roof screen so that they appear more as extensions of the buildings and less like plain walls. 4. Bring back the textured paving.for the drop-offtumaround shown on the previous site plan. 5. Give the courtyards endpoints so that the paths do not just terminate at the perimeter drive. 6. Put some more plantings at the entry islands just before the rows of accessible stalls. Not necessary to come back to DRB. Revise plans and submit to the Planning Division before proceeding to the Planning.Commission. OWNER: APPLICANT: ADDRESS: PROJECT NUMBER: PROJECT NAME: Man S. Lai Dirksen Engineers 204-206 Grand Avenue UP, DR-01-028 (Case Planner: Steve Kowalski) 204,206 Grand Avenue RESUBMITTAL DESCRIPTION: Resubmittal of replacement of an existing miYed-use bar and apartment (8 SRO) building with a new mired-use retail and apartment (8 units) building in the Downtown Commercial (D-C) zoning district. The Board had the following comments: 1. The entrance to the two middle units (on the west elevation) should have a canopy to protect their occupants from the elements. 2. The developer should work with the city during construction to provide city-approved landscaping in the planter strip between the building and the public parking lot. 3. The curved mission-style parapets along the west elevation are missing from the east elevation. Not necessary to come back to DRB. Revise plans and submit to the Planning Division before proceeding to the Planning Commission. 10. OWNER: APPLICANT: ADDRESS: PROJECT NUMBER: PROJECT NAME: Stonegate Estates/Hillside Townhomes/Hillside Land LLC Paul E. Davis AIA Architect Hillside Blvd. and Stonegate Dr. PUD, SA-01-012 (Case Planner: Steve Carlson] STONEGATE ESTATE~' - 5 8 -~NHOMES RESUBMITTAL 11. 12. DESCRIPTION: Planned Unit Development and Tentative Subdivision for 6 single-family homes and 5 duplexes (16 total dwelling units). The Board had the following comments: 1. Do not allow the retaining walls to constrict the common open space 2. Maintain the possibility of keeping a play area for kids in the common open space. 3. Check with Engineering to ensure that the rear comer of Unit 16 does not obstruct the line-of- sight of the traffic coming down the hill from Stonegate Drive. Bill Harris and Dave Nelson would like to see a more detailed Landscape plan. OWNER: APPLICANT: ADDRESS: PROJECT NUMBER: PROJECT NAME: Pavlow, Fred & Lois Antonio Ayars 106 South Spruce Ave. P02-0092 and Categorical Exemption Class 11 Section 15311 Accessory Structures .. (Case Planner: Steve Kowalski) Outdoor Display DESCRIPTION: Use Permit to allow outdoor displays of goods at a produce market in the Planned Industrial (P-I) District in accordance with SSFMC Chapter 20.32.070 and 20.81. The Board had the following comments: 1. Remove the produce stands until they have been approved by the Planning Commission. 2. The ADA requires at least a 48-inch wide sidewalk in front of the bins for accessibility. 3. :If you are considering expanding the sidewalk out into the parking lot, you will need to redraw the :site plan to show how the expansion will impact the dimensions of the parking lot. 4. Remove the chicken-wire fence fi-om the site. Revise the plans and resubmit to the DRB for further review. Miscellaneous a. OWNER: APPLICANT: ADDRESS: PROJECT NUMBER: Moises Avila Moises Avila 208 Chapman Avenue P02-0095 and Categorical Exemption Class 3 Section 15303 New Construction or Conversion of Small Structures (Case Planner: Steve Kowalski) PROJECT NAME: Avila Residence DESCRIPTION: Design Review of a new single family (3-story) dwelling in the 01-2-H) Medium Residential Zoning District in accordance with SSFMC 20.85. The Board had the following comments: 1. There must be a 2nd stairwell from the third floor down through the house to the outside since it exceeds 500 square feet. 2. Elevations need more articulation. 3. Double-cheek to ensure that the gara~ - 5 9 -r is at least 20 feet from the back of the sidewalk Abstain: None Motion Ochsenhirt / Second l~onan recommending that the City Council approves Development Agreement. Ayes: Commissioner Henan, Commissioner Ochaenhirt, Commissioner Sim, Vice Chairperson Romero and Chairperson Meloni Noes: Commissioner D'Angelo Absent: Commissioner Teglia Abstain: None T~E3 10 minute recess taken. ADMINISTRATIVE BUSINESS J STUDY SESSION a. Stonegnte Estates/[Iiliside Land II, C, owner Paul E. Davis, applicant ]:[iliside Blvd. & Stonegate Dr. PUD, SA, DR-01-012 and Negative Declaration ND-01-012 Study Session of a Planned Unit Development allowing 20 town homes, and common area with exceptions for smaller lots, increased lot coverage and reduced building setbacks, Tentative Subdivision Map creating 20 residential lots and common area, Design Review of 20 three-story town homes and a small on-site tot lot, situated at the southeast corner of Hillside Avenue and Stonegate Drive (APN 012- 110-310 & 012-110-320) in the Medium Density Residential (R-2-H-P) Zone District, in accordance with SSFMC Chapter 20.87 and Title 19. Steve Carlson gave staff report. Paul E. Davis gave a presentation on the project to the Commission. Commission comments: Project is a fight squeeze in the area. · Design needs to be improved because of its visibility. Balconies and garage have a typical condo unit look and this needs more character. · There needs to be a better alternative for the location of the tot lot. · The retain~qg walls need to softened or terraced. · They asked for photomontages of the landscaping and the interior street. · The project should return to the Design Review Board. be Metro PCS/R. C. Riley-applicant California Water Service-owner Avalon Water Tank/Avalon Drive UP-01-064 & Categorical Exemption Class 32 Section 15332 In-Fill Development Projects Adoption of Findings of Denial of Use Permit allowing co-location of a second wireless communication facility within 300 feet of a residential zoning district, consisting of three bipolar panel antennas mounted on a 30 foot tall pole and six ground mounted equipment cabinets, situated on a 0.44 acre parcel at the terminus of Avalon Drive and the beginning of Crestwood Drive (091-143-280), in the Single Family Zoning District (R-l-E), in accordance with S SFMC Chapter 20.105. S :hMAnut~analized~2001 \12.06.01 RPC.doc Approved onJ~x - 6 0 -! r~ 6of 7 STUDY SESSION Levitz SL San Francisco, LLC-owner Klaff Realty, L.P.-applicant 900 Dubuque Ave. P02-0082 (Use Permit) and Negative Declaration ND02-0082 (Recommend continuance to January 16, 2003) Use Permit allowing two research and development buildings (3-story & 4-story) with combined floor area of 201,436 square feet with at-grade parking and a 5-level parking garage on a 7.62 acre site in the (P-C) Planned Commercial Zoning District in accordance with SSFMC Chapter 20.79. Motion Honan / Second Oehsenhlrt to continue the item to January 16, 2003. Recess called at 8:00 p.m. Recalled at 8:05 p.m. STUDY SESSION Stonegate Estates/~illside Townhomes/Nillside Land LLC-owner Paul E. Davis Architect-applicant gliilside Blvd. & Stonegate Drive PUl), SA-01-012 and Negative Declaration ND01-012 Study Session of Tentative Subdivision Map and Planned Unit Development allowing six (6) single family dwellings and ten (10) townhomes and common area with exceptions for lot size, lot coverage and setbacks, situated at a vacant 1.4 acre site bounded by Hillside Boulevard and Stonegate Drive in a Medium Density Residential Zone District (R-2-H-P), in accordance with SSFMC Chapters 20.78 and 20.84. Senior Planner Carlson gave a brief presentation. Paul Davis, Architect, gave a PowerPoint presentation on the new proposal. Mr. Davis reviewed the original plan with 20 units and the proposed plan with 16 units. The tot lot has been moved to a centralized location on the site. He showed North, South and end elevations of the proposed dwellings. They have addressed the Commissions concerns. Mr. Davis noted that they meet FAR and all other code requirements. He showed photomontages of what the project would look like from the surrounding areas. The following spoke against the project. Angeles Herrera Estella Williams 947 Ridgeview Court HOA Representative The speaker's concerns were: · The impact this project will have on their lives and views of the hill. · Lack of earlier notification and lack of information for the neighborhood, · Traffic impacts on the neighborhood and Hillside School students and at the intersection of Ridgeview and Crestwood. Description of the approval process and expanded description. Increased notification to include PTA and Daycare. Impact on the Eucalyptus trees across from 941-947 Ridgeview. Chairperson Romero noted that the neighbors did get notified early in the proc. ess because the Commission is starting the review process with this project. Chief Planner Sparks noted that the process could be discussed with any member of the public if they phone staff or make an appointment. They will also have a chance to voice their opinions to the developer at a community meeting that will be held prior to the public hearing. Senior Planner Carlson noted that the Eucalyptus trees appear to be on PG & E property and are not a part of this project. Commissioner Sim and the applicant discussed the Design Review Board comments on thc proposal. Thc Design Review Board wanted the tot lot moved to a centralized location, they wanted the site less congested and they suggested changes to the landscape materials, modifications to the balconies, the color scheme and the retaining walls. All of their comments have been addressed. Commissioner Sim noted that the rustic look was a nice touch and suggested having better quality elevations. He suggested that they look at the roof plan, and provide more articulation on elevations. Commissioner Honan was concerned with the mount of storage area be/ng supplied for each of the dwellings. This will leave the door open for illegal conversions especially with the a bathroom in that area. Mr. Davis noted that this allows the homeowner the opportunity to convert the basement to a shop if they wish to do so. Vice Chairperson Ochsenhirt noted that there could be a traffic problem with the new intersection. Mr. Davis noted that he worked with Public Works on moving the intersection lower fi:om the curve. Vice Chairperson Ochsenhirt asked about the 5-foot trellis separation between the homes. Mr. Davis noted that there are no fences in between the properties because they will share the side setbacks. Each house has 10 feet of usable space on one side rather than five on each side. Vice Chairperson Ochsenhirt asked if there would be hardscape in this area. Mr. Davis noted that it would be stepping stones and all this detail is shown on the revised landscape plan. Commissioner Sim noted that the private road would be maintained by the HOA and asked if there have been problems with private streets ha the past. Development Review Coordinator Harmon noted that there is no engineemg perspective on private streets. He added that the roadway meets all of the City's standards for private streets. The original driveway design at the top of the curve had a 25% cross slope and it would have cracked the flame of the fire trucks and this is why it was moved to the current proposed position. Commissioner Sim asked Mr. Davis to provide a percentage of how much greenscape was being provided for aeh individual parcel. Mr. Davis noted that he could provide that information at the next meeting. ommissioner Sim encouraged Mr. Davis to relieve the tightness of the corner of unit 7. Chairperson Romero noted that there is an 11-foot drop on the retaining wall fi:om Stonegnte to the middle portion of the site. Mr. Davis noted that it is extreme at lots 11 & 12 where there is a 10-foot wall. This is because Ridgeview has a 25 % slope and this is why some lots have high retaining walls which will be mitigated with terracing and planting. T~Ei2 Chairperson Romero noted that the dwellings are obviously not three bedroom homes and do not qualify as affordable housing. The City is lacking affordable homes and there is no affordable homes being proposed in this project. Chief Planner Sparks noted that the applicant is negotiating with the Housing and Community tI~atevelopmen! staff to meet the City's affordable housing requirements off-site. Chairperson Romero noted the City has met the luxury home numbers required by ABAG, but that it needs affordable homes. All the C units could be made smaller, and affordable. Commissioner Honan noted that a den with a closet and a large storage area leave room for illegal bedroom conversions. Mr. Davis noted that they did not intend to make the plans look this way and would modify them to reflect otherwise. Discussion of TDM programs. 1. Chief Planner Sparks noted that staff does not have a report on TDM programs for the Commission yet. The formal TDM program has been setup with goals of certain amounts of reduction of single occupant vehicle trips. The City has approved the Bay West Cove and Britannia East Grand projects which will be built next year and when these are fully occupied for a year there will be reports done on these projects and others that the Commission has approved after the adoption of the TDM Ordinance. ii. The Commission has received a memo on fence issues from ECD Director Van Duyn. ChiefPlarmer Sparks noted that the fences are a challenge and will try to address these in the near future. iii. The second unit subcommittee will start meeting soon and Chief Planner Sparks asked when the subcommittee would like to meet. Commissioner Honan suggested January 9, 2003, which was accepted. 4. Items from Commission Vice Chakperson Ochsenhirt congratulated all the Commissioners that participated in the appointment process for the vacant Council seat. The Planning Commission was represented very well and felt that they were interviewed excellently. Chairperson Romero noted that there are students trying to jump the fence that is block/ng the student access from E1 Camino Real to Old Mission Road. He asked that staff look into having this either reopened or allow pedestrians to access the new road at the BART site. The Commission wished everyone happy holidays. 5. Items from the Public None 6. Adjournment Motion Sim / Second Ochsenhirt to adjourn the meeting. 9:47 P.M. Thomas C. Sparks Secretary to the Planning Commission City of South San Francisco William Romero, Chairperson Planning Commission City of South San Francisco NEXT MEETING: TCS~m Regular Meeting January 2, 2003, canceled Regular Meeting of January 16, 2003, Municipal Services Building, 33 Arroyo Drive, South San Francisco, CA 02/14/2003 FRI 16:40 FAX 831 373 7459 Pau] Davis Partnership [~002/002 Public Information Meeting To Receive Public Comment, Answer Questions and Consider Alternative Options Project: Stonegate Estates Location: Southeast comer of Hillside Blvd. & Stonegate Drive South San Francisco Owner: Hillside Land, LLC Description: The 1.4 acre site is comprised of two separate and vacant parcels. The project includes merging the parcels and the construction of six three-story single family dwellings and 10 three-story town homes. Ail units have three bedrooms. The average unit size is 2,220 SI: on average lot size of 2,650 SF. Thc project includes 69 parking spaces or an average of 4.31 spaces/unit. Proposed height is 30-35 feet. Background: The project has been submitted to the City of South San Francisco for Design Reviewand Planning Commission for review including study session. Meeting Date: Project Contact: February 26, 2003 6:30 p.m. City Hall Annex (P~rmit Center) 315 Maple Street South San Francisco City Contact: Steve Carlson (650) 877-8535 Paul E. Davis The Paul Davis Partnership 286 Eldorado Street Monterey, CA 93940 (83 l) 373-2784 FAX (83 i) 373,7459 -64- FEB 26, 2003 STONEGATE NEIGHBORHOOD MEETING NAME ADDRESS o 9. 10. 11. 12. 13. 14. 15.. 16. 17. 18. 19. 20. -65- RECORDING REQUESTED BY: [INSERT REQUESTING PARTY] WHEN RECORDED MAIL TO: Department of Economic and Commnnity Development [INSERT ADDRESS] Documentary Transfer Tax S EXEMPT County of San Mateo city of South San Francisco [] Right of Way Agent AFFORDABLE HOUSING AGREEMENT BETWEEN T~, CITY OF SOUTH SAN FRANCISCO AND l:[II ~LSIDE LAND LLC This Affordable Housing Agreement (this "Agreement') is entered into this day of __, 2003, by and between the City of South San Francisco ("City"), and Hillside Land LLC ('~Deveioper'') as a condition of approval of the development of that certain real propertyin South San Francisco, California more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Proj eot Property"). Wi-~REAS, Chapter 20.125 of the South San Francisco Municipal Code sets forth the requirements for Inclusion.my Housing ("Inclusionary Housing Ordinance"); and WHEREAS, the Developer is planning to construct houses on the Project Prqverty (the "Project") and has submitted site development plan for the Project; and WHEREAS, the Developer is required by the Inclusionary Housing Ordinance to set aside twenty percent (20%) of new housing as low and moderate income level housing; and WHEREAS, the Developer proposes meeting this requirement by providing the required number of housing units at an offsite location and renting such units as the required below market rate units; and WHEREAS, the City has reviewed the Project and determined that the construction of below market rate units on the site o£the Project Property would be im%asible in light of the project size and site constraints and agreed that providing the below market rate rental un/ts offsite will be sufficient to meet the requirements o£the Iuclusionary Housing Ordinance; and -67- WI-~REAS, the Inclusionary Housing Ordinance requires the Developer's plans and the City's conditions regarding inclusionary housing be set forth in an Affordable Housing Agreement; and WI-IEREAS, this Agreement is required as a condition of future discretionary permits for development of the Project Property and shall be recorded again.qt the Project Property; NOW THEREFORE, the City and the Developer agree as follows: AGREEMENT 1. As a condition of developing and constructing houses on the Project Property and based upon the premises that the Project is approved for sixteen (16) units, Developer shall be obligated to provide 3.2 Below Market Rate Units, one (1) of which shall be affordable to and occupied by a household with an income of not less than fifty percent (50%) of the monthly median income for a San Mateo County household in the San Francisco Primary Metropolitan Statistical Area, published annually by the Department of Housing and Urban Development (as adjusted annually, the "Base Median Income") and not more than sixty percent (60%) of Base Median Income, one (1) of which will be affordable to and occupied by a household with au income of not less than fifty percent (50%) of Base Median Income and not more than seventy percent (70%) of Base Median Income, and one (1) of which will be affordable to and occupied 'by a household with an income of not less than fifty percent (50%) of Base Median Income and :not more than ninety percent (90%) of Base Median Income. With respect to the fractional unit (i.e the .2 unit), Developer may either (i) pay the in-lieu fee for the proportionate amount of the fractional unit pursuant to Section 20.125.050 of the South San Francisco Municipal Code, or (ii) provide an additional Below Market Rate Unit affordable to a household with an income of not less than fifty percent (50%) of Base Median Income and not more than one hundred ten percent (110%) of Base Median Income. The Below Market Rate Units shall be affordable to lower income households and guaranteed by deed restrictions or other enforceable covenants running with the land on which the Below Market Rate Units are located. In the event the Project is approved for fi~een (15) units, Developer shall only-be obligated to provide the three (3) Below Market Rate Units described in the first sentence of this Section. Developer may use assistance borne out of Section 8 of the United States Housing Act of 1937 (or any similaror successor legislation enacted at the federal or state level), if available. 2. The parties acknowledge and agree that the monthly rent payable by a tenant for a Below Market Rate Unit shall be determined in accordance with the annual income limits published by the Department of Housing and Urban Development at the t/me the Below Market Rate Units are ready for occupancy, shall not exceed thirt3r percent (30%) of the applicable tenant's monthly household income, and shall be adjusted annually pursuant to the annual percentage increase in median income for a San Mateo County household in the San Francisco Primary Metropolitan Statistical Area, published annually by the Department of Housing and Urban Development, or a maximum of five percent (5%), whichever is lower. The parties further acknowledge and agree that rent determined in accordance with the preceding sentence shall be deemed "affordable" in accordance with the Inclusionary Housing Ordinance and this Agreement and that such formula shall be the manner in which rent is calculated for the Below Market Rate Units Developer is obligated to provide in Section 1 above. Notwithstanding the -68- foregoing, in accordance with Section 20.125.040 of the Inclusionary Housing Ordinance, no tenant of any Below Market Kate Unit shall be obligated to pay rent for such Below Market Kate Unit in an amount greater than uinety percent (90%) of the market rental rate for such unit. 3. The Below Market Rate Units shall be located w~tbiu an'area of South San Francisco known as the Willow Gardens Planned Unit Development. Developer and the City acknowledge that the Willow Gardens area is an ideal area for such Below Market Rate Units as it is in close proximity to and has access to employment opportunities, urban services and transportation facilities. In the event Developer desires to provide any or all of the Below Market Rate Units in an area outside the Willow Gardens Planned Unit Development, Developer shall be required to comply with Section 20.125.120 of the South San Francisco Municipal Code. 4. Pursuant to the Inclusionary Housing Ordinance, the rental amounts for such Below Market Rate Units shall include a utility allowance as determined annually by the United States Department of Housing and Urban Development (the "Utility Allowance"). The City acknowledges and agrees tha~. Developer may reduce the rent amount payable by tenants of the Below Market Rate Units by the amount of such Utility Allowance and obligate tenants of the Below Market Kate Units to pay for utilities directly to the applicable utility providers. Except as otherwise set forth herein, Developer shall not be obligated to pay utilities for any of the Below Market Rate Units. 5. Building permits on the Project Property shall not be issued until (i) Developer has obtained ownership of the Below Market Kate Units, (ii) this Agreement and the Rent Restrictions (as hereinaf£er defined) have been recorded against the Below Market Rate Units, and (iii) this Agreement has been recorded against the Project Property. The City acknowledges and agrees that it will process the building permits for the Project Property prior to such conditions being satisfied. In the event of a transfer of Developer's fights in the Below Market Rate Units and/or a transfer of Developer's rights and obligations under this Agreement, in either 0~e~_t~_;~tb~ir_xL~_in_a~ozdauce with_Section 21 hereiu,_~~_p_~mit~ for Property shall be issued upon the satisfaction of the following conditions: (i) this Agreement and the Rent Restrictions have been recorded against the Below Market Kate Units, (ii) the third- party transferee h~ obtained ownership of the Below Market Kate Units and agreed in writing to perform Developer's obligations with respect to the Below Market Kate Units under this Agreement, and ('Hi) this Agreement has been recorded against the Project Property. 6. Certificates of occupancy may be issued on the Project Property prior to the date that the Below Market Kate Units satisfy the miuimum habitability standards set forth in Exhibit B attached hereto and are occupied (the "Satisfaction Date"); provided that in the event the certificates of occupancy for the Project Property have been issued prior to the Satisfaction Date, Developer shall pay the City $2,000 each month from the date the first certificate of occupancy is issued for the Project Property until all of the Below Market Kate Units satisfy the rniulmum habitability standards set forth in Exhibit B attached hereto and are occupied. The City acknowledges and agrees that it will uses its best efforts to process and issue the certificates of occupancy for the Project Property, the certificates of occupancy for the Below Market Kate Units, if applicable, and the determination of whether the Below Market Kate Units satisfy the habitability standards set forth in Exhibit B attached hereto. The requirement for the Below -69- Market Rate Units shall remain in effect even in the event all market rate units on the Project Property become unoccupied. 7. The Below Market Rate Units shall remain restricted and affordable to the income groups designated in Section 1 above for a period of fifty-five (55) years, which period commences on the date the Below Market Rate Units are placed in service at the eligible income levels. 8. This Agreement shall be recorded against the Project Property and all Below Market Rate Units. On and after the date that the Below Market Rate Units satisfy the minimum habitability standards set forth in Exhibit B attached hereto and are occupied by income eligible Tenmts, this Agreement shall have no further force or effect in connection with the Project Property and thereafter at Developer's written request, the City shall provide Developer with a letter (or a recordable document ffso requested by Developer) stating that all obligations and conditions under this Agreement related to 'the Project Property have been fully and completely satisfied, w~thin ~irty (30) days of such written request. In addition to this Agreement, the parties shall hereinagter enter into an affordability restriction agreement in the form attached hereto mad incorporated herein as Exhibit D (the "Rent Restrictions") to evidence the affordability restrictions set forth in this Agreement and such agreement shall be recorded against all of the'Below Market Rate Units. 9. The Below Market Rate Units shall meet minimum below market rate and habitability standards. Sa.id standards shall be determined by the City and set forth in Exhibit B, incorporated herein and attached hereto. In the event of a transfer of Developer's fights in the Below Market Rate Units and/or a transfer of Developer's rights and obligations under this Agreement, in either case, to a third party in accordance with Section 21 herein, such tmusferee shall be responsible for maintaining such below market rate and habitability Staudards and Developer shall be released from this responsibility " 10. In the event the City requires Developer to renovate or perform other work on the Below Market Rate Units prior to occupancy in order to satisfy the mlnimu~n standards set forth in Exhibit B hereto, the City acknowledges and agrees to (i) respond to Developer in a timely manner on any requests for clarification that Developer may have with respect to the City's requirements and/or standards, and (ii) inspect the required work in a timely manner and within the time periods set forth under applicable law. ' 1 i. Developer shall main~ the Below Market Rate Units in conformance with the term~ and conditions set forth in .Exhibit C attached hereto and incorporated herein bY this reference. To the extent applicable, sa. id conditions shall be reflected in all rental agreements for such Below Market Rate Units. In the event of a transfer of Developer's rights in the Below Market Rate Units and/ora transfer of Developer's rights and obligations under this Agreement, in either case, to a third party in accordance with Section 21 herein, such transferee shall be responsible for maintaining the Below Market Rate Units in conformance with .Extn~bit C and Developer shall be released from this responsibility. 12. Developer shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against -70- any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss oflife, or damage to property, or any violation of may federal, state, or municipal law or ordinance related to the implementation of this Agreement and/or the renting of the Below Market Rate Units, except to the extent such losses, liability, claims, suits, actions, damages, and/or causes of action are based on or arise out of challenges to the City's actions in adopting the Inclusion~ry I-Ionsing Ordinance. 13. Developer shall pay an administrative fee to reimburse the City for all .ad.m. inistrativ, e/processing costs and fees incurred in processing this affordable housing plan (which may mclude attorney's fees and cost), and implementing the requirements of the Inclusionary Housing Ordinance with respect to the Project Property (collectivel the Administrative Fee ). Smd Administrative Fee may be waived, at the Ciw'.~ di.~o,~,,,, in order to further the goal of providing affordable housing. - - '~ ........ ~' 14. Developer shall pmvide City, or its assignee, aone-time first fight of refusal to purchase the project containing the Below Market Rate Units if it, or the individual units, are offered for sale at any point during the fifty-five (55) year affordabiIity period. The right of first refusal to purchase the rental project shall be submitted in writing to the Director of the Department of Economic and Community Development. Within thirty (30) days of its receipt, the City shall provide Developer written notice of its intent to exercise the first right of refusal for the purpose of providing affordable housing mad if the City so intends to exercise such first right of refusal, the City and Developer shall close escrow within ninety (90) days of Developer's receipt of such written notice. In the event the City (or its assignee) purchases the Below Market Rate Units pursuant to this se, et/on, the City (and its assignee) shall release Developer from al/obligations under this Agreement, this Agreement shall have no further force or effect in conueetion with the Project Property and at Developer's request, the City shall provide Developer with a letter (or recordable document if so requested by Developer) stating that all obligations under this Agreement related to the Project Property are thereafter void and of no_JSarthem~me_or effec, t; within thirty~3_0_)_da_ys_.of s~_mh_wI~en,reque~. 15. If Developer or any subsequent purchaser as provided in this Section, sells any Below Market Rate Unit before the fifty-five (55) year rental restriction period ends, the City shall record a resale restriction with a term of thirty (30) years from the date of reCordation, against said Unit(s) upon the close of escrow for said Unit(s), so that said Unit(s) shall remain affordable to subsequent income eligible buyers for a term of thirty (30) years. Notwithstau~g the foregoing, in the event of a sale of all of the Below Market Rate Units to a third party at one time for purposes of continued rental and management of the Below Market Rate Units, the requirement hereunder to record the 30-year resale restriction shall not apply 16. Any material amendments to this Agreement shall be processed in the same manner as au original application for approval pursuant to Section 20.125.150 of the South San Francisco Municipal Code. 17. The laws of the State of California shall govern this Agreement. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Sau Mateo or in the United States District Court for the Northern District of California. 18. If a party to this Agreement brings any action, including au action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 19. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shaU remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 20.. Any notice or demand shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Hillside Laud LLC 661 Live Oak Avenue Suite 3 Menlo Park, CA 94025 Attention: John Hansen City.. City of South Sau Francisco - City Clerk 400-Grand Avenue South San Francisco, CA 94080 21. Subject to Section 14 above, Developer may at any time or from time to time transfer.its right, title or interest in or to all or any portion of the Below MarketRate Units. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to Developer. As a condition precedent to any such transfer, Developer shall require the transferee to acknowledge in writing that transferee has been informed, undersmuds and agrees that the burdens and benefits under this Agreement relating {o the Below Market Rate Units shall be binding upon and inure to the benefit of the transferee. Such written acknowledgement shall include a list of the outstanding obligations under this Agreement and identify the responsible party for completion of each such outstanding obligation. At least five (5) days prior to the date escrow closes on any such transfer, Developer shall notify the City in writing of the name and address of the transferee, provided that such notice obligation shall in no way be deemed to provide the City any consent or approval rights over the transfer and/or the transferee. Upon the completion of Developer's responsibilities pursuant to this section, Developer shall have no further obligations or benefits hereunder with respect to the Below Market Rate Units save for any monetary obligations under Section 6 hereof which where due from Developer prior to the transfer date. Any transfer which does not comply with the notice requirements of this paragraph shall not release the Developer from its obligations to the City under this Agreement. The parties acknowledge and agree that the failure to maintain the Below Market Rate Units in conformance with the habitability standards set forth in Exhibit B attached hereto shall constitute a material breach of this Agreement and shall entitle the.non- defaulting party to all remedies included herein. -72- 22. The terms of this Agreement shall be interpreted in accordance with the provisions of Chapter 20.125 of the South San Francisco Municipal Code ("Chapter 20.125"). the event of any conflict between the terms of this Agreement and the provisions of Chapter 20.125, the terms ofthi~ Agreement shall control. 23. Either party may, fi:om time to time, deliver written notice to the other party requesting written certification that, to the knowledge of the certifying party (i) this Agreement is in full force and effect and constitutes a binding obligation of the parties; (ii) this Agreement has not been amended or modified either orally or in writing, or, if it has been amended or morlified, specifying the nature of the amendments or modifications; and (iii) the requesting party is in compliance with this Agreement and the Rent Restrictions, or if not in compliance, describing therein the nature and monetary amount, if any, of the non-compliance. A party receiving a request hereunder shall execute and return the certificate within thirty 00) days after receipt thereof. The City Manager shall have the right to execute the certificates requested by Developer hereunder. The City acknowledges that a certificate hereunder may be relied upon by a transferee and/or mortgagee of Developer. IN WITNESS Tlt'E~OF, the parties have executed this Agreement as of the date first written above. ~OWNER: ~LS/I)E LAND LLC CITY OF SOUTH SAN FRANCISCO CBy: Name: Michael A. Wilson, CiW Manager Title: APPROVED AS TO FORM: 'Steven T. Mattas, City Attorney -73- E~IT A -74- ExI:milT B Minimum Habitability Standards Below Market Rate Units shall meet miulmum habitability standards. Develop and/or owner must ensure compliance with all state and local housing codes, licensing requirements and any other standards regarding the condition of a structure and the operation of the housing and/or services. Specifically, each project sponsor must adhere to proper standards regarding accessibility, sanitation~ security, illumiuation, electricity, and fire safety. These standard include, but are not limited to: · Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows aud walls; · Functional plumbing facilities, including hot and cold running water, and efficient sewage disposal; · Gas facilities, heating resources and electrical system in good working order; · Lights and wiring that work and are safe. At least two functioning electrical outlets in every room, with at least one light in the bathroom; · Well-lighted common areas, such as stairs and hallways; · Buildings, grounds and fixtures that are clean, sanitary and flee'from debris, rodents and vermin; · · · Adequate and properly maintained trash receptacles; · ~Doors and windows in good repair. Functional outer doors and locks, including a · deadbolt lock for the main entry door, and window locks; · ~unctional smoke detector--it% the tenant's responsibility to buy and.install batteries for !the smoke detector; · Floors, stairways and railings that are safe and in good repair; · Interior and exterior paint in fair to excellent condition. The developer and/or owner shall allow and make arrangements with tenants to permit the City, at its discrefio~ to inspect all uaits on a biannual basis to monitor compliance with the habitability standards. -75- EXI:[I~IT C The following conditions shall apply to the rental of all Below Market Rate Units and, to the extent apphcable, the conditions shall be reflected in the rental agreements between the Developer and all Tenants of the Below Market Rate Units: 1. Tenants shall be annually certified as to income eligibility for the Below Market Kate Units and the annual certification shall be submitted to the office of Community Development. If Developer fails to perform an annual certification, City shall notify Developer in writing that Developer is in violation of the Affordable Housing Agreement and Developer shall be fined ONE THOUSAND DOLLARS ($1000.00) for each Below Market Rate Unit whose Tenants were not subject to an annual certification. Upon receiving written notice, Developer shall have thirty (30) days from the date of notification to perform the certification. In the event Developer fa/is to perform the certification within the thirty (30) day period, City shall have the right to fine the. Developer an additional ONE THOUSAND DOLLARS ($1,000.00) for each Below Market Rate Unit whose Tenants have not been subject to an annual certification. The City shall continue to have the right to fine Developer ONE THOUSAND DOLLARS ($1000.00) for every thirty (30) day period that passes, from the date Developer receives notice, for each Below Market Rate Unit whose Tenants have not been subject to an ..annual certification. City shall have the right to take steps to assess these fines as a lien against me property where the Below Market Rate Units are located. Notwithstanding the foregoing, in the .event any Tenant is not cooperating with Developer in preparing the annual certification, so long as.Developer is using commercially reasonable efforts to obtain such annual certification, the"fines set forth above shall not be assessed against Developer for the applicable Below Market Rate Unit. In addition, notwithstanding the foregoing, Developer shall not be obligated to provide an annual certification for any Tenant that Developer is in the process of evicting at the time such annual certification are due to the City. ' ' 2. In the event, the Below Market Rate Un~ts are purchased by Developer, the Develo~-~ shall--]~0~ot ~-e~ct ~my Tenants occupying the Below Market Rate Units at the time of purchase. Ten~ts occupying the Below Market Rate Units at the time ofpurchase who do not qualify for lower-income or lower-to-moderate income housing shall not be required to vacate the Unit(s) any sooner than as requiredby applicable state law. In the event vacation of any of the Below Market. Rate Units is necessary in order to do any rehabilitation a, ud/or reconstruction work on the Below Market Rate Units, Developer shall have the right to evict Tenants occupying the Below Market Rate Units at the t~me of purchase in order to do such work; provided that Tenauts occupying the Below Market Rate Units at the time of purchase shall not be required to vacate any sooner than as required by applicable state law. Nothing, however, shall prevent the Developer from evicting said Tenants for cause such as, including but not limited to, conducting · illegal activities on the property or failing to pay rent. 3. In the event Tenants occupying the Below Market Rate Units at the time of purchase are income eligible, but are paying rental amounts below the allowable below market rates established by Developer and approved by the City (the "Below Market Rates"), Developer shall be allowed to raise the rental amount for such Tenant no more than five percent (5%), or the percentage rise in area medima income, whichever is higher. This limitation shall apply to the initial and all subsequent rent increases until the Tenant reaches the maximum rental allowance. -76- 4. Once any Tenant reaches the maximum rental allowance, the. Developer shall be allowed to raise the rental amount, in subsequent rent increases, no more than five percent (5%), or the percentage rise in area mediau income, whichever is lower. 5. In the event any Tenants occupying the Below Market Rate Units at the time of purchase are income eligible, but are paying rental amounts above the allowable Below Market Rates, Developer shall immediately lower the rental amount for such Tenant to the maximum allowable rent level. In the event Developer receives rental payments in excess of the maxiraum allowable rent, Developer shall either reimburse the difference to the Tenant or offer Tenant the choice of applying it toward future rent payments. 6. In the event any income eligible Tenants are subsequently determined to be ineligible (or over income tenants), Developer shall be allowed to raise the rent amount for said ineligible Tenant to an amount equivalent to the market rental rate for said Tenant's unit. Developer shall not evict a formerly income eligible Tenant on the basis the Tenant has become income ineligible. Said Tenant shall be given one (1) year from the date of ineligibility to vacate the Unit. Nothing, however, shall prevent the Developer from evicting said Tenants for cause such as, including but not limited to, conducting illegal activities on the property or £a~liug to pay rent. ' · · 7. The parties acknowledge and agree that in the event Developer is not allowed to evict aTenaut because of the conditions described in Paragraph 2 and/or Paragraph 6 of this Exhi'bit, (i).Developer shall not be deemed in violation of the Affordable Housing Agreement and (ii) solely for the purposes of satisfying the second sentence of Section 8 of the Affordable Housing Agreement, such Tenant shall be' deemed au income eligible Tenant, unless both the applicable time periods set forth therein have expired and thereafter, Developer is not using commerCially reasonable effort to'evict such Tenant. ~ -77- E~IT D Form of:Kental Kegulatory Agreement -78- R~CORDING R~QLT~ST~D BY: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF SOUTH SAN FRANCISCO 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA 94080 WHEN RECORDED MATT. TO: ECONOMIC AND COMMUNITY DEVELOPMENT CITY OF SOUTH SAN FRANCISCO 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA 94080 Documentary Transfer Tax County of San Mateo City of South San Francisco Right of Way Agent RENT RESTRICTION AND RIGHT OF FIRST REFUSAL AGREE1VtENT FOR BELOW MARKET RATE PROPERTY NOTICE: THIS DOCUMENT IS A LEGALLY BINDING AGREEMENT WHICH IMPOSES SEVERAL OBLIGATIONS AND RESTRICTIONS REGARDING THE USE AND TRA]~EER_O_F_Y_D_~ERTY. 'READ TT CAREV~TT.T ,¥. This Rent RestrIction and Right of First Refusal Agreement for Below Market Pate Property ("Agreement") is entered into as of this ~ day of ,200 , by and between the CITY OF SOUTH SAN FRANCISCO ("CITY") and (' Owner") " WHEREAS, Chapter 20.125 of the South San Francisco Municipal Code sets forth the requirements for Inclusionary Housing ( clus~onary Housing Ordinance '); and WHEREAS, Hillside Land LLC ("Developer") is plauu~ug to construct.houses on APN and APN "Project" and has submitted site development plans for said Project; and (the WHEREAS, Developer is required by the Inclusionary Housing Ordinance to set aside twenty percent (20%) of new housing as low- and moderate-income level housing. -79- WHEREAS, the CITY and Owner agree that Owner is meeting the Developer's requir~nent to provide low- and moderate-income housing for the Project by providing the r~uired number o£housing units at an offsite location and renting such units as the required below market rate units; and WHEREAS, the CITY has agreed that providing the below market rate rental units offsite will be sufficient to meet the requirements of the Inelusionary Housing Ordinance; and WHEREAS, the intent of the CITY is to preserve the number and availability of affordable homes in the program for persons with low- or moderate-incomes for the longest feasible time; NOW THEREFORE, the CITY and the Owner agree as follows: AGREEMENT 1. The real property which is the subject of this Agreement is commonlY known as , South San Francisco, CA 94080, more fully described in the legal description attached hereto and incorporated herein by reference as Exhibit "A." S~id real property ("Premises") is hereby designated as a Below Market Rate Unit housing stmcture and shall be subject to the terms and conditions herein set forth. ' ~2. This Agreement shall supersede any and all resale agreements and deed restrictions and other similar conditions and/or restrictions previously imposed on the Premises ]~m~ting occupancy of the Below Market Rate Units ("BMR Units,') to low- and moderate income .households, whether or not such previous agreements or restrictions were recorded. 3. Owner shall be obligated to provide four (4) Below Market Rate Units, one (1) of which shall be affordable to and only occupied by a household with. an income of not less than fffty.percent-(5~¥~.~f-the~m~nth/y~nedian~n~me~r~a-San-Mate~-C-~uuty~~d~e~ Francisco Primary Metropolitan Statistical Area, published annually by the Department of Housing and Urban Development (as adjusted annually, the ''Base Median Income") and not more than sixty percent (60%) of Base Median Income, one (1) of which.will be affordable to and only occupied by a household with an income of not less than fifty percent.(50%) of Base Median Income and not more than seventy percent (70%) of Base Median Income, one (1) me which will be affordable to and only occupied by a household with an income of not less than fifty percent (50%) of Base Median Income and not more ~h~n ninety percent (90%) of Base Median Income, and one (1) of which shall be affordable to and only occupied by a household with an income of not less than fifty percent (50%) of Base Median Income and not more than one hundred ten percent (110%) of Base Median Income. Owner may use assistance borne out of Section 8 of the United States Housing Act of 1937 (or any similar or successor legislation enacted at the federal or state level), if available. 4. The parties acknowledge and agree that the monthly rent payable by a tenant for a Below Market Rate Unit shall be determined in accordance with the annual income limits published by the Department of Housing and Urban Development at the time the Below Market Rate Units are ready for occupancy, shall not exceed thirty percent (30%) of the applicable tenant's monthly household income, and shall be adjusted annually pursuant to the annual -80- percentage increase in median income for a Sau Marco County household in the San Francisco l:~mary'Me~opoli~ Statistical Area, pubhshed annually by the Department of Housing mad Urban Development, or a maximum of five percent (5%), whichever is lower. The parties further acknowledge and agree that rent determined in accordauee with the preceding sentence shall be deemed "affordable" in accordance with the IncIusionary Housing Ordinance and this Agreement and that such formula shall be the mauner in which rent is calculated for the Below Market Rate Units Owner is obligated to provide in Section 3 above. Notwithstanding the foregoing, in accordance with Section 20.125.040 of the Inclusionary Housing Ordinance, no temmt of any Below Market Rate Unit shall be obligated to pay rent for such Below Market Rate Unit in au amount greater thau ninety percent (90%) of the market rental rate for such nnit. 5. Pursuant to the Inclusionary Housing Ordinance, the rental amounts for such Below Market Rate Units shall include a utility allowance as determined annually by the United States Department of Housing and Urban Development (the "Utility Allowance"). The CITY acknowledges and agrees that Owner may reduce the rent amount payable by tenants of the Below Market Kate Units by the amount of such Utility Allowance and obligate tenants of the Below Market Rate Units to pay for utilities directly to the applicable utility providers. Except as otherwise set forth herein, Owner shall not be obligated to pay utilities for any of the Below Market l~ate Units. " ' · · 6. The Below Market Rate Units shall remain restricted and affordable to the income groups designated in Section 3 above for a period of fifty-five (55) years, which period commences on the date this Agreement is recorded. ' ' ' '7. The BeIow Market Rate Units shall meet minimum below market rate and habitability standards. Said standards shall be determined by the CITY and set forth in Exhibit B_, incorporated herein aud attached hereto. In the event of a transfer of Owner's rights in the Below'.Market Rate Units and/or a tra~fer of Owner's rights and obligations under this &gr~ement,-in-either~_case,,_to_a_thitd~par~y_imacr~rdane. e_~itkSe~_,_Seetion 10~Sectian 11 or Section 27 herein, such transferee shall be responsible for maintaining such below market rate and habitability standards and Owner shall be released from this responsibility. 8. Owner shall maintain the Below Market Rate Units in conformance with the terms and conditions set forth in Exhibit C attached hereto and incorporated herein by this reference. To the extent applicable, said conditions shall be reflected in all rental agreements for such Below Market Rate Units. In the event cfa transfer of Owner's rights in the Below Market Rate Units and/or a transfer of Owner's rights and obligations under this Agreement, in either case, to a third party in accordance with Section 9, Section 10, Section 11 or Section 27 herein, such transferee shall be responsible for maintaining the Below Market Kate Units in conformance with Exhibit C and Owner shall be released from tbi~ responsibility 9. Right of First Refusal. Owner shall provide CITY (or its designee or assignee), a one-time first right of refusal to purchase the Premises containing the Below Market Rate Units flit, or the individual units, are offered for sale at auy point during the fifty-five (55) year affordability period. Except as provided herein, Owner hereby grants and gives the CITY of South Sau Francisco (or its designee or assignee) a right to purchase the Premises or individual units under conditions set forth below. -81- 10. Below Market P~te Unit Resale Procedures. Ac Notice of Offer to Sci1. Whenever the Owner no longer desires to own the Premises, Owner shall notify CITY of their intent to offer the property for sale in accordance with the terms of this Agreement. Such notice shall be in writing, and may be personally delivered or sent by cex~dfied/retum receipt, first class mail through the United States Postal Service, addressed to Economic, and Commlmity Development, CITY of South San Francisco 400 Grand Avenue, South San Francisco, CA 94080. Owner's offer to sell may be withdrawn by Owner, provided that notice of withdrawal has been received by CITY (or its designee or assignee), in writing, prior to acceptance by CITY (or its designee or assignee). Such notice from Owner to CITY shall contain the.price under which the Owner desires to .sell the Premises. Acceptance. CITY (or frs designee or assignee) shall have thirty (30) days ~om the date of receipt of Owner's notice to exercise the right of first refusal to accept Owner's offer to sell the Premises. This acceptance shall be in writing and indicate whether the City is accepting the offer to sell at the requested price or whether the City is proposing a counteroffer in accordance with Section 14. The acceptance shall be personally delivered or sent by first class mail through the United States Postal Services and addressed to the owner of record at the official address of the owner of record. For purposes of fulfillment of the terms of this procedure, the notice o£intent to sell the premises shall be deemed to be an offer to sell, 'and the exercise of the right to purchase by the CITY (or its designee or assignee) shall be deemed to be an acceptance of that offer. Subject to Section 14, acceptance by CITY (or its designee or assignee) shall constitute a legally binding contract for the transfer of title, and once accepted, the offer to sell may not be withdrawn without the express, written consent of the party wh° accepted - -the-offer. ' Escrow. Withlu sixty (60) days of the date of acceptance subject to a mutually agreeable Purchase Price, as stipulated in Section 14, an escrow account shall be opened by the CITY (or its designee .or assignee). CITY reserves the right, at any time during this process, to subsequently assign its right to purchase to its designee or assignee. Once opened, an escrow must be closed witblu thirty 00) days, unless both parties mutually agree, in writing, to au extension of time. In no case shall the time between receipt of an offer to sell and the date of close of escrow exceed ninety (90) days, unless both parties mutually agree, in writing, to extend that date, or if for any reason the time periods herein are tolled. In the event the CITY (or its designee or assignee) purchases the Premises or individual Below Market Rate Units pursuant to this section, the CITY (and its designee or assignee) shall release Owner from all 'obligations under this Agreement. Once escrow is opened, in the event the CITY (or its designee or assignee) fails to complete actions to close escrow (for the purchase of the Premises or.individua/ Below Market Rate Units), through no fault of the Owner, the CITY shall release the Owner fi:om the Right of First Refusal obligations under this Agreement -82- 11. Transfer by Owner if Right of First Refusal is not exercised. In the event the CITY (or its designee or assignee) does not exercise its right of first refusal purchase option within thirty (30) days of the Owner's notice pursuant to Section 10, the Owner may offer the Premises for sale to any buyer. The proposed buyer must purchase the property subject to the Rent Restrictions of this Agreement and will be required to execute, acknowledge and record a Rent Restriction agreement under the terms of which the transferee shall assume the obligations and duties and agree to be bound by the Rent Restrictions of this Agreement. 12. Owner's Obligation to Cooperate. At all times, Owner shall make reasonable efforts to ensure that the Premises are clean and in good repair, and reasonably available to be shown to the CITY (or its designee or assignee) subject to rights of the tenants. Owner shall reasonably cooperate with the City of South San Francisco and the City's Redevelopment Agency and their respective officers, employees and representatives. Failure to comply with these conditions shall be deemed a material breach of Owner's obligations pursuant to the terms of this Agreement, and upon determination by the CITY that Owner has failed to comply with any of the above conditions, CITY shall notify Owner that the time periods stated herein shall be tolled, and the applicable time periods extended accordingly, until Owner has complied with all of the conditions of this Agreement. Acts by Owner which shall be deemed to be a breach of this obligation include, but are not limited to, failure to make the Premises available for showing to the CITY (or its designee or assignee) upon reasonable.notice subject to the rights of tenants, willf?l_ or deliberate actions to dissuade prospective buyers from purchasing the Premises, failure o~r refusal to. .return telephone calls within a reasonable amount of time, and failure to complete xorms, prowcte requn'ed reports, or perform other actions ordinarily required by a party to a real estate transaction in a timely manner. In addition to tolling the applicable time periods, the CITY may pursue any other remedies for breach based upon this section. 13. .The P .urchase Price shall be the Price at which Owner offered to sell the property or the price as determined by Section 14. The Purchase Price shall be paid in cash orby a check issued by the City at the close of escrow or as may be otherwise provided by mutual agreement of CITY (or its designee or assignee) and Owner. 14. Negotiated Purchase Price. I/the City does not accept Owner's offer to sell at the Owner's price, City shall have the option of submitting a counteroffer. Said counteroffer shall not in any way be deemed an acceptance of the Owner's price. The City's counteroffer may be based onthe appraised fair market value, as established by an appraiser of City's choice("City Appraisal"). (i) At its option, CITY may accept Owner's offer to sell Premises as stipulated in Section 10(B), or CITY may negotiate a mutually agreeable purchase price for the Premises (the "Purchase Price.) with Owner. If an agreement cannot be reached between the City and the Owner as to the Purchase Price within ninety days (90 days) from and after City's acceptance as provided in Section 10, Owner may then offer the Premises (or individual Below Market Rate Units subject to Section 20) for sale to any buyer for a period of eight (8) months ("Option Period") -83- (ii) During the Option Period, CITY shall waive, in writing, its Right of First Refusal'if and only if a prospective buyer's offer to purchase the Premises exceeds the City Appraisal value by more than ten percent (10%). If a said sale to a prospective buyer is not consummated by placing earnest money into escrow during the Option Period, all parts of this Agreement shall remain in force and the City shall retain its Right of First Refusal. (iii) The time period during which the CITY (or its designee or assignee) has the option to perform pursuant to this Agreement shall be tolled for the time the CITY and the Owner negotiate the Purchase Price, but said time period shall not exceed thirty (30) days unless both parties mutually agree, in writing, to extend the time period. 15. Wood Destroying Pests and Organisms. Owner shall bear the expense of providing a current written report of an inspection by a licensed Structural Pest Control operator. All work recommended in said report to repair damage caused by infestation or infection of wood-destroying pests or organisms found and all work to correct conditions that caused such infestation.or infection ("Pest Work") shall be done at the expense of the Owner. At close of escrow Owner shall monetarily credit CITY (or its designee or assignee) for any Pest Work Owner did not complete prior to the close of escrow. Any work to correct conditions usually deemed likely to lead to infestation or infection ofwood'destroying pests or organisms, but where no evidence of infestation or infection is found with respect to such conditions, is not the responsibility of the Owner, and such work shall be done only if requested by the CITY (or its designee or assignee) and then at the expense of the CITY (or its designee or assignee). 16. Real Estate Transfer Disclosure Statement. Owner is obligated to provide the CITY with a full disclosure of the condition of the premise under Civil Code Section 1102, et seq. The CITY will provide the Owner with a Real Estate Transfer Disclosure form which shall be completed by the Owner and submitted to the CITY with the Owner's notice of intent to sell. 17. Deferred Maintenance. Deferred Maintenance ("Deficiencies") shall be determined in the following manner. Upon receipt of notice of Owner's intent to sell, CITY (or its designee or assignee) shall be entitled, upon reasonable notice, to inspect the Premises to determine whether any violations of applicable bu/lding, plumbing, electric, fire, or homing codes or any other provisions of Title 16 of the South San Francisco Municipal Code exist. CITY (or its designee or assignee) shall have a report (the "Deficiencies Report") prepared and shall deliver said report to Owner. 18. Property Deficiency. In the event Deficiencies are noted in the Deficiency Report, the CITY (or its designee or assignee) shall obtain cost estimates to cure the Deficiencies. The Owner shall cure the Deficiencies in a reasonable manner acceptable to CITY (or its designee or assignee) within sixty (60) days of receiving the Deficiency Report, but in no event later than close of escrow. Should Owner fail to cure such Deficiencies prior to the scheduled date of close of escrow, Owner shall monetarily credit CITY (or its designee or assignee) for any Deviancies repairs Owner did not completed prior to the close of escrow -84- 19. Assi~m~ment of Kight to Purchase. In no event shall CITY become in any way liable to Owner, nor become obligated in any manner, by reason of the assignment of its right to purchase, nor shall CITY be in anyway obligated or liable to Owner for any failure of CITY's designee or assignee to consummate a purchase of the Premises or to comply with the terms of any purchase and sale agreement. Nothing in this Agreement shall be construed to obligate CITY to purchase any unit in the event that its designee or assignee fails to complete actions to close escrow. 20. If Owner or any subsequent purchaser as provided in this Section, sells any Below Market Rate Unit as an individual condominium, cooperative or tenancy in-common unit before the fifty-five (55) year rental restriction period ends, the CITY shall record a resale restriction with a term of thirty (30) years fi.om the date of recordation, again.qt said Unit(s) upon the close of escrow for said Unit(s), so that said Unit(s) shall remain affordable to subsequent income eligible buyers for a term of thirty (30) years. Notwithstanding.the foregoing, in the event ora sale of all of the Below Market Rate Units to a third party at one time solely for purposes of continued rental and management of the Below Market Rate Units, the requirement hereunder to record the 30-year resale restriction shall not apply 21. Any material amendments to this Agreement shall be processed in the same manner as an original application for approval pursuant to Section 20.125.150 of the South San Francisco Municipal Code and said amendments recorded. 22. Owner shall indemnify, defend with counsel selected by the CITY, and hold harmless the CITY and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance related to the implementation of this Agreement and/or the renting of the Below Market Rate Units, except to the extent such losses, liability, Claims, suits, actions, damages, and/or causes of action are based on or arise out of challenges to the City's actions in adopting the Inclusionary Housing Ordinance. 23. The laws of the State of California shall govern this Agreement. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Mateo or in the United States District Court for the Northern District of California. 24. If a party to this Agreement brings any action, including an action for declaratory relief, to enfome or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 25. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. -85- 26. Any notice or demand shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Hillside Land LLC 661 Live Oak Avenue Suite 3 Menlo Park, CA 94025 Attention: John Hansen City: City of South San Francisco - City Clerk 400 Grand Avenue South San Francisco, CA 94080 27. Subject to the terms of this Agreement, Owner may at any time or from time to time transfer its fight, title or interest in or to all or any portion of the Below Market Rate Units. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to Owner. As a condition precedent to any such transfer, Owner shall require the transferee to acknowledge in writing that transferee has been informed, understands and agrees that the burdens and benefits under this Agreement relating to the Below Market Rate Units shall be binding upon and inure to the benefit of the tmusferee. Such written acknowledgement shall include a list of the outstanding obligations under this Agreement and identify the.responsible party for completion of each such outstanding obligation. At least five (5) days prior to the date escrow closes on any such transfer, Owner shall notify the CITY in writing of the name and address of the transferee, provided that such notice obligation shall in no way be deemed to provide the CITY any consent or approval rights over the transfer and/or the transferee. Upon the completion of Owner's responsibilities pursuant to this section, Owner shall have no further obhgations or benefits hereunder with respect to the Below Market Rate Units hereof which where due from Owner'prior to the transfer date. Any transfer which does not comply with the notice requirements of this paragraph shall not release the Owner from its obligations to the CITY under this Agreement. The parties acknowledge and agree that the failure to maintain the Below Market Rate Units in conformance with the habitability standards set forth in Exhibit B attached hereto shall constitute a material breach of this Agreement and shall entitle the non-defaulting party to all remedies included herein. 28. The terms of this Agreement shall be interpreted in accordance with the provisions of Chapter 20.125 of the South San Francisco Municipal Code ("Chapter 20.125"). In the event of any conflict between the terms of this Agreement and the provisions of Chapter 20.125, the terms of this Agreement shall control. 29. Either party may, from time to time, deliver written notice to the other party requesting written certification that, to the knowledge of the certifying party (i) this Agreement is in full force and effect and constitutes a binding obligation of the parties; (ii) this Agreement has not been amended or modified either orally or in writing, or, if it has been amended or modified, specifying the nature of the amendments or modifications; and ('fii) the requesting party is in compliance with this Agreement and the Rent Restrictions, or if not in compliance, describing therein the nature and monetary amount, if any, of the non-compliance. A party receiving a -86- request hereunder shall execute and return the certificate within thirty (30) days after receipt thereof. The City Manager shall have the right to execute the certificates requested by Owner hereunder. The CITY acknowledges that a certificate hereunder may be relied upon by a transferee and/or mortgagee of Owner. IN WITNESS TI:IEREOF, the parties have executed this Agreement as of the date first written above. OWNER: CITY: CITY OF SOUTH SAN FRANCISCO By: Natne Title: Michael A. Wilson, City Manager APPROVED AS TO FORM: Steven T. Matt,as, City Attorney -87- RENT RESTRICTION AND RIGHT OF FIRST REFUSAL AGREEMENT EXIqTRIT A Property Description ~88- RENT RESTRICTION AND RIGHT OF FIRST REFUSAL AGREEMENT EXItlRIT B Minimum Habitability Standards Below Market Rate Units shall meet minimum habitability standards. Owner and/or owner must ensure compliance with all state and-local housing codes, licensing requ/rements and any other standards regardiug the condition of a structure and the operation of the housing and/or services. Specifically, each project sponsor must adhere to proper standards regarding accessibility,' sanitation, security, illumination, electricity, and fire safety. These standard include, but are not limited to: · Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and walls; · Functional plumbing facilities, including hot and cold running water, and efficient sewage disposal; · Gas facilities, heating resources and electrical system in good working order; · Lights and wiring that work and are safe. At least two functioning electrical outlets in every room, with at least one light in the bathroom; · Well-lighted cOmmon areas, such as staffs and hallways; · Buildings, grounds and fixtures that are clean, sanitary and fi:ee from debris, rodents and vermin; · .Adequate and properly maintained trash receptacles; · Doors and windows in good repair. Functional outer doors and locks, including a deadbolt lock for the main entry door, and window, locks; · Functional smoke detector--it% the tenant's responsibility to buy and in.qtall batteries for the smoke detector; · Floors, stairways and railings that are safe and in good repair; · Prevention and elimination of mold and mildew; · Interior and exterior paint in fair to excellent condition. The Owner and/or owner shall allow and make arrangements with tenants to permit the City, at its discretion, to inspect all units on a biannual basis to monitor compliance with the habitability standards. -89- RENT RESTRICTION AND RIGHT OF FIRST REFUSAL AGREEMENT ExmmT c The following conditions shall apply to the rental of all Below Market Rate Units and, to the extent applicable, the conditions shall be reflected in the rental agreements between the Owner and all Tenants of the Below Market Rate Units: 1. Tenants shall be annually certified as to income eligibility for the Below Market Rate Units and the annual certification shall be submitted to the office of Community Development. If Owner fails to perform an annual certification, City shall notify Owner in writing that Owner is in violation of the Affordable Housing Agreement and Owner shall be fined ONE THOUSAND DOLLARS ($1000.00) for each Below Market Rate Unit whose Tenants were not subject to an annual certification. Upon receiving written notice, Owner shall have thirty (30) days from the date ofnotLfication to perform the certification. In the event Owner fails to perform the certification within the thirty (30) day period, City shall have the fight to fine the Owner an additional ONE THOUSAND DOLLARS ($1,000.00) for each Below Market Rate Unit whose Tenants have not been subject to an annual certification. The City shall continue to have the right to fine Owner ONE THOUSAND DOLLARS ($1000.00) for every thirty (30) day period that passes, from the date Owner receives notice, for each Below Market Rate Unit whose Tenants have not been subject to an annual certification. City shall have the right to take steps to assess these fines as a lien against the property where the Below Market Rate Units are located. Notwithstanding the foregoing, in the event any Tenant is not cooperating with Owner in preparing the annual certification, so long as Owner is using commercially reasonable efforts to obtain such annual certification, the fines set forth above shall not be assessed against Owner for the applicable Below Market Rate Unit. In addition, notwithstanding the foregoing, Owner shall not be obligated to provide an annual certification for any Tenant that Owner is in the process of evicting at the time such annual certifications are due to the City. 2. In the event, the Below Market Rate Units are purchased by Owner, the Owner shall not evict any Tenants occupying the Below Market Rate Units at the time of purchase. Tenants occupying the Below Market Rate Units at the time of purchase who do not qualify for lower-income or lower-to-moderate income housing shall not be required to vacate the Unit(s) any sooner than as required by applicable state law. In the event vacation of any of the Below Market Rate Units is necessary in order to do any rehabilitation and/or reconstruction work on the Below Market Rate Units, Owner shall have the right to evict Tenants occupying the Below Market Rate Units at the time of purchase in order to do such work; provided that Tenants occupying the Below Market Rate Units at the time of purchase shall not be required to vacate any sooner than as required by applicable state law. Nothing, however, shall prevent the Owner from evicting said Tenants for cause such as, including but not limited to, conducting illegal activities on the property or failing to pay rent. 3. In the event Tenants occupying the Below Market Rate Units at the time of purchase are income eligible, but are paying rental mounts below the allowable below market rates established by Owner and approved by the City (the "Below Market Rates"), Owner shall be allowed to raise the rental mount for such Tenant no more than five percent (5%), or the -90- percentage rise in area median income, whichever is higher. This limitation shall apply to the initial and all subsequent rent increases until the Tenant reaches the maximum rental allowance. 4. Once arty Tenant reaches the maximum rental allowance, the Owner shall be allowed to raise the rental amount, in subsequent rent increases, no more than five percent (5%), or the percentage rise in area median income, whichever is lower. 5. In the event any Tenants occupying the Below Market Rate Units at the time of purchase are income eligible, but are paying rental amounts above the allowable Below Market Rates, Owner shall immediately lower the rental amount for such Tenant to the maximum allowable rent level. In the event Owner receives rental payments in excess of the maximum allowable rent, Owner shall either reimburse the difference to the Tenant or offer Tenant the choice of applying it toward future rent payments. 6. In the event may income eligible Tenants are subsequently determined to be ineligible (or over income tenants), Owner shall be allowed to raise the rent amount for said ineligible Tenant to an amount equivalent to the market rental rate for said Tenant's unit. Owner shall not evict a formerly income eligible Tenant on the basis the Tenant has become income ineligible. Said Tenant shall be given one (1) year fi:om the date of ineligibility to vacate the Unit. Nothing, however, shall prevent the Owner fi:om evicting said Tenants for cause such as, including but not limited to, conducting illegal activities on the property or failing to pay rent. 7. The parties acknowledge and agree that in the event Owner is not allowed to evict a Tenant because of the conditions described in Paragraph 2 and/or Paragraph 6 of this Exhibit, (i)Owner shall not be deemed in violation of the Affordable Housing Agreement and (ii) solely for the purposes of satisfying the second sentence of Section 8 of the Affordable Housing Agreement, such Tenant shall be deemed an income eligible Tenant, unless both the applicable time periods set forth therein have expired and thereafter, Owner is not using commercially reasonable effort to evict such Tenant. -91- 4/i5/01 RECORDING REQUESTED BY AND AFTER RECORDING RETURN TO: Hillside Land, LLC. 661 Live Oak Avenue, Suite 5 San Jose, CA 95113 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF STONEGATE -93- DECLARATION OF COVENANTS~ CONDITIONS AND RESTRICTIONS OF STONEGATE TABLE OF CONTENTS SECTION 1. 1.01. 1.02. 1.03. 1.04. SECTiON 2. SECTION 3. 3.01. 3.02. 3.03. 3.04. 3.05. RECITALS Description of Real Property Single Phase Ownership Interests Common Plan for Project DEFINITIONS PROPERTY RIGHTS Co,,,-,O~l Area Partition Protffbited Annexation of Additional Propm~y Easements Provisions Restricffug Delegation of Use Page 1.1 2.1 3.1 SECTION 4. 4.01 4.02. 4.03. 4.04. USE RESTRICTIONS Use of Lots. Garages Parl4ng Vehicle Restrictions 4.1 4.05. 4.06. '4.07. 4.08. 4.09. 4.10. 4.I1. 4.12. 4.13. 4.14. 4.15. 4.16. 4.17. 4.18. 4.19. Signs Animals Trash: Storage of Materials Television or Radio Equipment Pight to Lease Architectural Approval Window Coverings Clotheslines Power Equipment and Car Maint~ce Drainage Liability of Owners for Damage to Cc ....... on Area Recreational Facilities Sports Fixtures Nuisances Compliance with Project Documents Table of Contents - ] - SECTiON 5: MAINTENANCE AND IMPROVEMENT OBLIGATIONS Page 5.1 5.01. 5.02. 5.03. Association Maintenance Obligations 5.92. Owners' Maintenance Obligations Association Improvement Obligation,~ SECTION 6: 6.01. 6.02. 6.03. 6.04. 6.05. 6.06. 6.07. 6.08. 6.09. 6.10. 6.11. 6.12. ASSOCIATION, ADMINISTRATION, MEMBERSI-HP AND VOTING Association to Manage Project Membership Transferred Membership Classes of Membership and Voting Termination of Chss B Membership Approval of Members Other than Declarant Inspection of Books Co ...... eucement of Voting Rights Co-Owner Votes Membership Meetings Notice and Place of Meeting Board of Directors 6.1 SECTION 7: 7.01. 7.02. 7.03. 7.04. 7.05. 7.06. 7.07. 7.08. 7.09. 7.10.__ 7.11. 7.12. POWERS, DUTIES AND LIMITATIONS OF THE ASSOCIAITON Powers and Duties of Association · Property Taxes and Assessments Insurance Discharge of Liens Payment of Expenses Prohi~bited Acts Action Requiring Consent Dispute Resolutions Dispute Notification and Resolution Procedure (Owner Disputes) D~sp~te. Noti~ eation_andRes~lution Pm eedure_(D~eclamut D~putes)_ Civil Action Against Declarant Inspection and Maintenance Guidelines 7.1 SECTION 8: 8.01. 8.02. 8.03. 8.04. 8.05. 8.06. 8.07. 8.08. 8.09, ASSESSMENTS Agreement to Pay; Personal Obligation Purpose of Assessments Co,;,-,on Facility Assessment Exemption Regular Annual Assessments and Special Assessments Quorum Equal Division of Regular and Special Assessments Individual Charges Co ...... encement of Assessments and Individual Charges Assessment Lien 8.1 Table of Contents -2- SECTION 9: ENFORCEMENT OF RESTRICTIONS Page 9.1 -96- 9.01. 9.02. Gene~l Specific Enforcement Rights SECTION 10: 10.01. 10.02. 10.03. 10.04. 10.05. 10.06. BUDGETS, FINANCIAL STATEMENTS AND BANK ACCOUNTS Proposed Budget Adopt Budget Budgets, Financial Statements S, mwnuty of General Liability and Earthquake and Flood Policies Reserves and Keserves Study Bank Accounts 10.1 SECTION 11: 11.01. 11.02. 11.03. 11.04. 11.05. INSPECTION OF BOOKS AND RECORDS Inspection by Members Rules for Inspection by Members Inspection by Directors Review of Financial Records Reserve Account Withdrawal Restrictions 11.1 SECTION 12: 12.01. 12.02. .12.03. 12.04. INSURANCE, DESTRUCTION, CONDEMNATION Iiksurance Individual Fire Insurance Destruction Conderrmution 12.1 SECTION 13: 13.01._ 13.02. 13.03. 13.04. 13.05. 13.06. 13.07. 13.08. 13.09. 13.10. 13.11. 13.12. 13.13. MORTGAGEE PROTECTIONS 13.1 Mortgage~P-exmitted Priority of Mortgage Payment of Taxes or Premiumu by Mortgagees Effect of Breach Mortgagee's Rights No Restrictions on Owner's Right to Ingress and Egress Notices to Mortgagees FNMA, FHI2VIC, FHA, VA Mortgages FHA/VA Approval Additional FHA Provisions Compliance with FHA/VA, FHLMC or FNMA Requirements Waivers Conflicts Table of Contents SECTION 14: ENFORCEMENT OF BONDED OBLIGATIONS -97- Page 14.1 SECTION 15: 15.01. 15.02. 15.03. 15.04. 15.05. AMENDMENTS Prior to First Conveyance After First Conveyance Recordation Unanimous Consent for Specific Amenrlments FHA Requirements 15.1 SECTION 16: 16.01. 16.02. 16.03. 16.04. 16.05. 16.06. 16.07. 16.08. 16.09. 16.10. 16.11. 16.12. 16.13. 16.14. GENERAL PROVISIONS Owners' Compliance Notices Notice of Transfer Delivery of Project Documents to Transferee Easements Reserved and Granted Termination of Any Responsibility of Declarant Mergers and Consolidations Limitations of Restrictious on Declarant Successor Severability Estoppel Certificate Conflict with Project Documents Headings 16.1 EXHIBIT A: DESCRIPTION OF PROPERTY SUBJECT TO DECLARATION Table of Contents '4- -98- DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF STONEGATE THIS DECLARATION is made on the date hereinafter set forth by HILLSIDE LAND, LLC, a California Limited Liability Company (herein referred to as "Declarant"). SECTION 1: RECITALS 1.01. Description of Real Property_. Declarant is the Owner of that certain real property in the City of South San Francisco, County of San Mateo, State of California, which is more particularly described on Exhibit "A" attached hereto and incorporated herein. t.02. Single Phase. Declarant has improved or intends to improve the Project by subdividiug it into 33 residential lots ("Lots") and common area with improvements ("Common Area") - 1.03. Ownership Interests. Each Owner shall receive fee title to his/her Lot and a membership in the Hillside Vista Homeowners Association ("Association"), which shall hold title to the Common Area, a non-exclusive easement for use, enjoyment, ingress and egress over the (Common Area, and such other interests as are provided herein. 1.04. Common Plan for Project. By this Declaration, Declarant intends to establish a common scheme and plan for the possession, use, enjoyment, repair, maintenance, restoration and i .mprovement of the Project and interests therein conveyed and to establish thereon a Planned Development. NOW, THEREFOKE, Declarant hereby declares that the real property described on Exhibit A shall be-h~~d;..~~~nveyed;~m~rtgaged;-encumbered~-~eased;~r~nted~-us~d;_~c~cupied;-s~~d~and improve-d,- subjectto the following declarations, limitations, covenants, conditions, restrictions and easements, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Project, in accordance with the plan for improvement of the Property and the division thereof into Lots. Pursuant to California Civil Code Sections 1353 and 1354, all of the limitations, covenants, conditions, restrictions and easements shall constitute covenants which shall nm with the land, be enforceable as equitable servitudes, and shall be binding upon Declarant and its successors and assigns, and all parties having or acquiring any right, title or interest in or to any part of the Property or the Project. 1.1 -99- SECTION 2: DEFINITIONS In addition to other definitions provided for herein, the following terms shall have the following meanings: 2.01. "Articles" shall mean the Articles of Incorporation of STONEGATE Homeowners Association and any amendments thereto. 2.02. "Assessment" shall mean that portion of the cost of maintaining, improving, repairing, operating and managing the Project which is to be paid by each Lot Owner as determined by the Association. 2.03. "Association" shall mean the STONEGATE Homeowners Association, a California non-profit mutual benefit corporation, the members of which shall be the Owners of Lots in the Project, their successors and assigns. 2.04. "Association Rules" shall mean rules and regulations regulating the use and enjoyment of the Common Area which may be adopted by the Board fi.om time to time. 2.05. "Board" or '~Board of Directors" shall mean the governing body of the Association. 2.06. "Bylaws" shall mean the Bylaws of the Association, as amended fi:om time to time.. 2.07. "Cig," shall mean the City of South San Francisco, the City in which the Project is located. 2.08. "Common Area" means all real property owned by the Association for the common use and enjoyment of the Owners and shall include, upon conveyance to the Association, the plot of land desi~tmated Lot __, as shown on the Subdivision Map, and any other plot of land which may be conveyed to the Association. 2.09. "Common Expenses" shall mean and include the actual and estimated expenses of operating the Project and any reasonable reserve for such purposes as found and determined by the Board and all .sums tl~igff~lF_,d-C~m~a-Expenses by or p-tir-g--ua~t-f0-th-~Pr-6j~-Ct-D-d~fu~-e~fs? 2.10. "County" shall mean the County of San Marco, the County in which the Project is located. 2.11. "Declarant" shall mean Hillside Land, LLC, a California L/mited Liability Company, its successors and assigns, if such successors and assigns are assigned the rights of Declarant pursuant to Section 1010 hereof or if such successor or assign is a mortgagee acquimg Declarant's interest in the Project by foreclosure or by deed in lieu of foreclosure. 2.12. "Declaration" st~l mean this Declaration, and any amendments, supplements thereto. 2.13. "Eligible First Mortgagee shall mean a First Mortgagee who has requested notice by sending a written request to the Association, stating both its name and address and tile lot number or address of the lot it has the mortgage on. 2.1 -100- 2.14. "Final Public Report" shall mean the final public report issued by the California Department of Real Estate or any successor state agency pursuant to the California Subdivided Lands Act (Business & Professions Code Section 11000 et seq.) as it may be amended from time to time. 2.15. "Improvements" shall mean all structures and improvements on the Project, including, but not limited to, buildings, paving, fences, signs and landscaping. 2.16. "Lot" shall mean any parcel of land shown on the Map, and any other parcel of land designated as "Lot" in any recorded supplement to the Declaration, with the exception of the Common Area. 2.17. "Map" shall mean that subdivision map entitled "STONEGATE",recorded on , 2002, in Book of Maps, Page , in the Official Records of San Mateo, 2.18. "Member" shah mean a person or entity holding a membership in the Association as provided herein. Each Owner or Co-Owner of a Lot shall be a member. 2.19. "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the Project. A "Mortgagee" shall include the beneficiary under a deed of trust and any guarantor or insurer of a Mortgage "First Mortgage" or "First Mortgagee" is one having priority over all other Mortgages or holders of Mortgages encumbering the same lot or other portion of the Project. A "First Mortgagee" shall include any holder (including FI-ILMC and FNMA), insurer (including FHA), or guarantor (including VA) of a First Mortgage on a lot or other portion of the Project. "FHA" shall mean the United States Department of Housing and Urban Development, Federal Housing Administration. "VY' shall mean the united States Department of Veterans Affairs. "FHLMC" shall mean the Federal Home Loan Mortgage Corporation. "FNMA" shall mean the Federal National Mortgage Association. Where any provision of the Project Documents requires the approval of a First Mortgagee, the approval of the holder, insurer or guarantor of that First Mortgage shall be deemed to be the required approval. -2~20. Owner--or Owners--shatt-mean-the-record-hotder-or -holders-o f-titite;-if-more-than-one, ~to-any- Lot in the Project. This shall not include contract sellers or persons or entities hamg any interest merely as security for the performance of an obligation. If a Lot is sold under a recorded contract of sale (or a recorded memorandum of such contract), the purchaser, rather than the fee Owner, shall be considered the "Owner". 2.21. "Proiect" shall mean the entire real property described in Exhibit "A" attached hereto, including all slrucmres and irrp, rovements erected or to be erected thereon or on such additional properties which may be brought within the jurisdiction of the Association. 2.22. "Project Documents" shall mean and include this Declaration, as amended bom time to time, the exhibits, if any, attached hereto, together with the other basic documents used to create and govern the Project, including the Map, Articles and Bylaws rout excluding unrecorded rules and regulations adopted by the Board or the Association). 2.23. "Property" or Properties shall mean the entire real property described on Exhibit "A" attached hereto, including all structures and improvements erected thereon or on such additional properties which may be brought within the jurisdiction of the Association. 2.2 -101- 2.24. "Quorum" shall mean a majority of those entitled to act, except in the ease of a quorum necessary for the imposition of regular and special assessments set forth in Seetien 8. 2.25. "Separate Interest" shall mean a Lot. 2.26. "Subdivided Property_" shall mean the entire real property described on Exhibit "A" attached hereto, including all structures and improvements erected thereon or on such additional properties which may be brought within the jurisdiction of the Association. 2.27. "Subdivider" shall mean the Declarant. 2.28, "Unit" shall mean a dwelling structure on a Lot. 2.3 -102- SECTION 3: PROPERTY RIGHTS 3.01. Common Area. The Common Area shall be owned by the Association for the use and benefit of the Members. It shall be conveyed to the Association free of money encumbrances prior to or concurrently with the close of escrow of the sale of the first Lot. The Common Area shall be maintained by the Association as provided in Section 5.01. When the Common Area is conveyed by Declarant to the Association, an easement shall be deemed automatically reserved over the Common Area in favor of Declarant for common driveway purposes, drainage and encroachment purposes and for ingress and egress from the Common Areas for the purpose of completing improvements thereon or for the performance of necessary repair work Said easement shall automatically terminate four years after the recordation of this Declaration. 3.02. Partition Prohibited. The Cormrton Area shall remain undivided as set forth above. Except as provided by California Civil Code Section 1359, no Owner shall bring any action for partition, it being agreed that this restriction is necessary in order to preserve the rights of the Owners with respect to the operation and management of the Project. Judicial partition by sale of a single Lot owned by two or more persons and division of the sale proceeds is not prohibited hereby, but partition of title to a single Lot is prohibited. 3.03. Annexation of Additional Property_. Additional Property may be annexed to and become subject to this Declaration by the following method set forth in this Section. Upon annexation, additional parcels shall become subject to this Declaration without the necessity of mending individual sections thereof. a) Annexation Pursuant tO Approval: Upon approval in writing of the Association, pursuant to vote or written consent of 66-2/3% of the total votes residing in Members other than the Declarant, the Association and the Owner of any Property who desires to add it to the scheme of this Declaration and to subject it to the jurisdiction of the Association, may file of record a Declaration of Annexation. Said Declaration may contain such complementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different -character,-if-any;-of-theadded-Property;-asare-consi-stent with-the-scheme-ofthi-s Deelarati-on:-. Said Declaration shall include designation of Lots and/or Common Areas for the purpose of this Declaration. b) Effect of Annexation: Assessments collected from Owners in the Property may be expended by the Association without regard to the particular phase from which such assessments came. All Owners shall have ingress and egress to all portions of the Common Area throughout the Property, subject to the provisions of this Declaration, the Bylaws of the Association and the Rules and Regulations of the Association in effect from time to time. c) Quality of Construction: Future improvements to the Project will be consistent with initial improvements in terms of materials used and quality of construction. 3.04. Easements. In addition to any and all other easements contained in this Declaration, the Properties shall be subject to the following easements: a) Owners' Basements. Bvery Owner shall have a right and noncxclusive casement of enjoyment in and to the Common Area, including ingress and egress to and from his/her Lot. Each such nonexclusive easement shall be appurtenant to and shall pass with the title to the Lot, subject to the following provisions: 3.1 -103- i) Section 9 of this Declaration authorizes the Board to impose monetary penalties, temporary suspensions of an Owner's fights as a Member of the Association or other appropriate discipline for failure to comply with the governing instruments provided that the established procedures are followed for notice and hearing which satisfy the minimum requirements of Corporations Code Section 7341 with respect to the accused Member before a decision to impose discipline is reached. These procedures are set out in Section 12 of the Bylaws. ii) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and snbject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds of the Members agreeing to such dedication or transfer has been recorded, provided, however, that no such dedication shall impair the ingress and egress to any individual Lot. b) Easements for Utilities and Maintenance. Easements over and under the Project for the installation, repair and maintenance of electric, telephone, water, gas and sanitary sewer lines and facilities, heating facilities, cable or master television antenna lines, drainage facilities, walkways and landscaping as shown on the recorded map of the Property, and as may be hereafter required or needed to service the Project, are hereby reserved by Declarant and its successors and assigns, including the Association and utility companies servicing the Project, together with the right to grant and transfer the same. c) Encroachment Easement. Each Lot within the Project is hereby declared to have an easement over any adjoining Common Area for the purpose of accoramodating any encroachment due to minor engineering errors, minor errors in original construction, settlement or shifting of the building, or any other cause. There shall be valid easements for the maintenance of said encroachments as long as they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment, settlement or shifting; provided, however, that in no event shall a valid easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to the willful misconduct of said Owner or Owners. In the event a structure is partially or totally destroyed, and th-~ rep-a~-d-'or-Y/~b-fiilt,~/[i~-O~-~f~ll-Lb~-in--th~'P~-6j~-~Y~e-fl~at--m3~ encroachments over the Common Area adjoining the Lot due to minor engineering errors, minor errors in construction, or settlement or shifting of the building, shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. d) Entry for Repairs. The Board may authorize its agents and employees to enter upon any Lot when necessary in connection with any maintenance, landscaping or construction for which the Association is responsible, to effect emergency repairs or to effect necessary repairs which the Lot Owner has failed to perform as required by this Declaration. Such entry shall be made with as little inconvenience to the Owner as practicable and any damage caused thereby shall be repaired by the Board at the expense of the Association. Except in case of an emergency, 24 hour advance notice shall be given to the Owner or occupant. e) e) Declarant*s Reservation of Easements. Declarant hereby reserves easements over the Common Area for common driveway purposes, for drainage and encroachment purposes, and for ingress and egress f~om the Common-non Areas for the purpose of completing improvements thereon or for the performance of necessary repair work. Said easement shall automatically terminate four years after the recordation of this Declaration. f) Governmental Agency Access. In addition to the foregoing es,qement right.~, governmental agencies having iurisdicfion over the Properties shall have the right of -104- immediate access at all time to all portions of the Common Areas not assigned for the exclusive use of the Owner of any Unit. The Board shall prominently display notice of such right of access in the Common Areas. 3.2 3.05. Provisions Restricting Delegation of Use. Any Owner may delegate their fights of use and enjoyment of the Project, including any recreational facilities, to the Members of their family, their guests, tenants, employees, and invitees, and to such other persons as may be permitted by the Bylaws and the Association Rules, subject however, to this Declaration. However, if an Owner has sold his/her Lot to a contract purchaser or has leased or rented it, the Owner, Members of the Owner's family, guests, tenants, employees, and invitees shall not be entitled to use and enjoy any of such rights in the Project, including the recreational facilities, while the Owner's Lot is sold to the contract purchaser or rented to tenants. Instead, the contract purchaser, or tenants, while occupying such Lot, shall be entitled to use and enjoy such rights, including the recreational facilities, and can delegate the rights of use and enjoyment in the same manner as if such contract purchaser or tenants were an Owner during the period of their occupancy. Each Owner shall notify the Secretary of the Association of the names of any contract purchasers of such Owner's Lot or tenants of such Owner's Lot. Each Owner,' contract purchaser, or tenant also shall notify the Secretary of the Association of the names of all persons to whom such Owner, contract purchaser, or tenant has delegated any rights of use and enjoyment and the relationship that each such person bears to the Owner, contract purchaser, or tenant. Any delegated rights of use and enjoyment are subject to suspension to the same extent as are the rights of Owners. No such delegation shall relieve an Owner from liability to the Association or to other Owners for payment of assessments or performance of the covenants, conditions and restrictions contained in this Declaration. Any lease, rental agreement or contract of sale entered into between an Owner and a tenant or conwact purchaser of a Lot Shall require compliance by the tenant or contract purchaser with all of the covenants, conditions and restrictions contained in this Declaration, which provision shall be for the express benefit of the Association and each Owner. The Association and each Owner shall have a right to action directly against any tenant or contract purchaser of an Owner, as well as against the Owner, for nonperformance of any of the provisions of this Declaration to the same extent that such right of action exists ~gainst such -105- 3.3 SECTION 4: USE RESTRICTIONS 4.01. Use of Lots. No Lot, or any portion thereof, shall be occupied and used except for single family residential purposes by the Owners, their contract purchasers, lessees, tenants, or social guests. No trade or business or commercial activity shall be carried on or conducted upon any Lot, except that Declamat, in successors or assigns, may use any Lot in the Project owned by Declarant for a model home site and display and sales office during construction and until the last Lot is sold by Declarant, or until 3 years from the date of closing of the first sale ora Lot irt the Project, whichever occurs first. The provisions of this section shall not prohibit home occupations so long as they are merely incidental to the use of the Lot as a dwelling, are permitted by local law, are conducted in such a mariner as to not adversely affect other Owner's use and enjoyment of the Project, and have received prior written approval of the Board. 4.02. Garages. Each Owner shall keep his/her garage area in a neat and orderly condition with any storage areas completely enclosed. Garage doors shall be kept closed when not in use. Each Owner shall be entitled to the exclusive use of the driveway serving his/her garage and shall keep said driveway clean and free of debris. 4.03. Parking and Vehicle Restrictions. a) All driveways and garages shall be maintained in a neat and orderly condition and garage doors shall be.kept in a closed position except as necessary to permit ingress and egress of vehicles or to clean or work in the garage area. Garages are to be used for the parking of standard --passeng~'~lmZl~g-a~t--t~¢2<s--~-6t't~-e-x-~ee-d-ttit-ee-q~uaff~-~6fis m gross we~gh-t~-156~t~6i~-th-~ storage ~-f' items of personal property so long as such storage of personal property will not necessitate or result in the parking of vehicle on streets or regularly on driveways withi~ the Properties. Furthermore, garages shall not be converted to living quarters or work shops which will preclude the parking of vehicles. b) No vehicle shall be parked or left on any street except within specified parking areas so designated by the Bond. c) No motor vehicle shall be constructed, reconstructed or repaired within the Properties and no dilapidated or inoperable vehicle, including vehicles without wheel(s) or an engine, shall be stored on the Properties; provided, however, that the provisions of this subparagraph Q-c_shall not apply to emergency vehicle repairs. d) Campers, boats, trailers, and tracks shall only be parked entirely w/thin an Owner's garage or in a recreational vehicle parking area on the Lot approved as to location, screening and design by the Architectural Control Committee. If an Owner or resident has a boat and miler that are not regularly parked and stored on the Owner's Lot in accordance w/th this subparagraph (d), the Owner may park the boat and trailer during week days in accordance with the limitations imposed on commercial vehicles under subparagraph (e), below, and overnight on Friday and Saturday nights. e) Comnxercial tracks and vehicles that bear signage on the exterior shall not be parked -106- within the Properties, except for purposes of loading or unloading and then for periods not in excess of 4 hours This restriction shall not apply to commercial vehicles involved in construction activities on a Lot or vehicles owned and operated by persons providing services to a Lot or Unit (during the time when the services are being rendered). 4.1 f) The Board shall have the authority to promulgate as part of the Association's rules such further rules and restrictions regarding parking and vehicles within the Properties as may be deemed prudent and appropriate. The Board shall appoint a representative to authorize the towing from all Common Areas of any abandoned or dismantled vehicles left on the Properties for a period in excess often (10) calendar days. 4.04. Burning. There shall be no exterior fires whatsoever except barbecue fires located only upon Lots and contained withi~ receptacles designed for such purpose. No Owner or resident shall permit any condition to exist on his or her Lot, including, without limitation, trash pries, or weeds, which create a fire hazard or is in violation of local fire regulations. 4.05. Signs. No sign of any kind shall be displayed to the public view on or from any Lot or any portion of the Project without the approval of the AssoCiation, except as follows: a) One sign of customary and reasonable dimensions advertising a Lot for sale, lease, rent or exchange displayed from a Lot; or, b) Such signs as may be used by Declarant or its assignees in cormection with the development of the Project and sale of Lots; or, c) Such other signs or notices as are required by law or as are otherwise necessary to perfect a right provided for in law. -4:.06. A-nlm at .sr-No-aninmts,~reptilesr, rodents,-birds;-fi sh,-tivestoetq-orpoullxy-shalt-be-mised,-bred, or kept on any Lot or portion of the Project; except that no more than two usual and ordinary household pets such as dogs, cats, fish or birds, may be kept, provided that they are not kept, bred, or maintained for any commercial purposes, and they are kept-under reasonable control at all times. This provision shall not apply to aquarium type fish. Notwithstanding the foregoing, no pets may be kept on the Project which result in an annoyance or nuisance to other Owners. No pets shall be allowed on the Common Area except as may be permitted by any Association Rules. No dog shall enter the Common Area except while on a leash which is held by a person capable of controlling it. Owners shall prevent their pets from soiling any portions of the Common Area. The Association can prohibit the keeping of any an/mai that in the sole and exclusive opinion of the Board constitutes a nuisance to any other Owner. 4.07. Trash; Storage of Materials. All garbage and trash shall be regularly removed from the Projeet, and shall not be allowed to accumulate thereon. It shall be placed and kept in covered sanitary containers where it is not visible from any neighboring Lot except for a reasonable t/me prior to or after collection. All woodpiles or storage pries shall be kept screened and concealed from view of other Lots, streets and Common Areas. Garbage and trash shall be placed for pick up as required by the disposal service and any Association Rules. 4.08. Television or Radio Equipment. No television, video or rad/o poles, antennae, satellite dishes, cables or other transmission and/or reception fixtures or personal property (individually and collectively the "Antenna Equipment") shall be installed or maintained on any Lot except as follows: -107- (i) Antenna Equipment that is one meter or less in length or diameter or diagonal measurement, provided that the location, color and screening requirements shall be in accordance with any guidelines imposed by the Architectural Control Committee referenced in this Section, which guidelines shall comply with applicable State and federal laws regulating restrictions on Antenna Equipment; and 4.2 (ii) Antenna Equipment not covered under subparagraph (i) above, the installation of which is approved irt advance by the Architectural Control Committee. Nothing herein shalI be eomtmed to restrict in any manner the Board's fight to authorize a cable television franchisee or other provider of similar services to provide cable television, radio or other similar services to the Project. 4.09. Right to Lease. No Owner shall be permitted to lease or rent his/her Lot for transient or hotel purposes, which shall include, but not be limited to, rental for any period less than 30 days. All leases must be in writing and be expressly subject to the Project Documents and the breach of any provision shall be a default under the Lease or Rental Agreement. Subject to the foregoing restrictions, the Owners of Lots shall have the 'right m lease the same, provided that the Board is notified of We name of We tenant and the duration of the lease. The Owner shall provide the Lessee with a copy of the Articles, Bylaws, Declaration and any Association Rules. 4.10. Architectural Approval. An Architectural Control Committee ("Committee") shall be formed and shall consist of five Members. Declarant may appoint all of the original Members of the Committee and all replacements until the first anniversary of the issuance of the original Public Report for the Project. The Declarant reserves to itself the power to appoint a majority of the Members of the Committee until 90% of all the Lots in the Project have been sold or until the fifth anniversary of the ~riginal-issuan~e~f-the-F/nal-Pub~i~-R~p~rt-f~r.the-Pr~je~t;-whichever~ursfarst: After one year fi.om the date of the issuance of the original Public Report for the first (or only) phase, the Board shall have the power to appoint one Member to the Committee until 90% of all the Lots in the Project have been sold or until the fifth anniversary date of the original issuance of the Final Pubhc Report for the Project, whichever first occurs. Thereafter, the Board shall have the power to appoint all of the Members of the Committee. In the event of death or resignation of any Member of the Committee, the successor shall be appointed by the person, entity or group which appointed such Member until Declarant no longer has the right to appoint any Members to the Comnfittee, and thereafter the Board shall have the full authority to designate such a successor. The Members of the Committee shall not be entitled to any compensation for services performed pursuant hereto. No building, fence, wall, obstruction, screen, awrdng, or structure of any kind shall be commenced, erected or maintained upon the Project, nor shall any alteration or improvement of any kind be made thereto until the same has been approved in writing by the Conmfittee. Plan and specifications Showing the nature, kind, shape, color, size, materials and location of such improvements, alterations, etc., shall be submitted to the Committee for approval as to quality of worlmaanship and design and harmony of external design with existing structures, and as to location in relation to surrounding structures, topography, and finish grade elevation. No landscaping on a Lot visible fi.om the street or fi.om the Common Area shall be undertaken by any Owner until plans and specifications showing the nature, kind, shape and location of -108- the materials have been submitted to and approved in writing by the Committee. Failure of the Committee to act within 30 days after the plans have been submitted to it shall constitute approval. Actions of the Committee may be appealed to the Board. In the event of the failure of any individual Lot Owner to comply with a written directive or order from the Committee, the Board shall have the fight and authority to perform the 4.3 subject matter of such directive or order and the cost of such performance shall be charged to the Owner of the Lot in question and may be recovered by the Board in an action of law against such individual Lot Owner. 4.11. Window Coverings. Windows shall be covered by drapes, shades or shutters and shall not be painted or covered by foil, cardboard or similar materials. All window coverings visible from the Common Area shall be of a material, design and color which, in the opinion of the Board, is compatible w/th the exterior design and coloration of adjacent portions of the Project. 4.12. Clotheslines. No exterior clotheslines or other outside clothes drying or airing facility shall be erected or maintained on the properties in any location where the same would be visible from any street or neighboring Lot. Further, no clothes washers, clothes dryers, refi-igerators or freezers may be kept, stored or operated on any balcony, patio, porch or other exterior area. 4.13. Power Equipment and Car Maintenance. No power equipment, work shops or car maintenance of any nature shall be permitted on the Project without the prior written approval of the Board. In deciding to grant approval, the Board shall consider the effects of noise, air pollution, dirt or grease, fire hazard, interference with radio or television reception and similar objections. 4.14. Drainage. o owner shall do any act or consmact any improvement which would interfere the natural or established drainage systems or patterns within the Project without the approval of the .Board: 4.15. Liability of Owners for Damage to Common Area. The Owner of each Lot shall be table to the Association for all damages to the Common Area and/or improvements thereon caused by such Owner, or any occupant of his/her Lot or guest, except for that portion of said damage, if any, fully covered by insurance of the Association. Liability of an Owner shall be estabhshed only after notice to the Owner and hearing before the Board. 4.16. Recreational Facilities. a) Every Member of the Association shall have a right to use the recreational facilities situated on the Common Area, subject to the following provisions: i) The right of the Association to charge reasonable fees for the use of any recreational facihty by Non-Members; and, ii) The right of the Association to deny use after hearing for infringement of Association Rules or nonpayment of dues. b) Any Owner may delegate, m accordance with the Bylaws, right of enjoyment to the recreational facilities to family Members, tenants or contract purchasers who reside on the Project. -109- 4.17. Sports Fixtures. No basketball standards or fixed sports apparatus shall be attached to may Unit or garage or erected on any Lot or within the Common Area, unless the location of the standard or other sports fixture is not visible from the street or other adjacent Lots. It is the intent that this restriction also apply to portable basketball standards. When such portable standards owe not in use, they shall either be stored out of view or, if located in the rear yard, retracted so as not to be visible over the rear yard fence. 4.4 4.18. Nuisances. No noxious, illegal, or offensive activities shall be carried on within any Lot, or in any part of the Project, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to or which may in any way interfere with the quiet enjoyment of each Owner's Lot or Common Area, or which shall in any way increase the rote of insurance for the'Project or for any other Lot, or cause any insurance policy to be canceled or to cause a refusal to renew the same, or which will. impair the structural integrity of any building. 4.19. Compliance with Proiect Docnment~. Each Owner, contract purchaser, lessee, tenant, guest, invitee or other occupant of a Lot or user of the Common Area shall comply with the provisions of the Project Documents. -110- 4.5 SECTION 5: MAINTENANCE OBLIGATIONS 5.01. Association Maintenance Obligations. The Association shall be respOnsible for maintaining the following in good condition and repair: Common Area Improvements and Unit Exteriors. The Association shall maintain or provide for the maintenance of all Common Area improvements, including but not limited to, any recreational facilities, private streets, ~-~.~w~..~,,~ ~ and utility laterals located w/thin the Common Area. The Association shall maintain all of the landscaping within the Common Area in general accordance with the landscaping plans referred to in Section 5.03, below, unless climatic conditions make such maintenance impracticable or unless the Citw of South San Francisco consents to a change in the plan for landscaping. The Association shall maintain and repair the improvements within the landscaped areas and the Common Area in accordance with the plans referred to in Section 5.03, below, including, but not limited to, the driveway, curbs and gutters, fences, water supply system, sanitary sewer, storm drain system, area lighting system, fire prevention system, :irrigation system, retaining walls and subdrain system, traffic control signs, devices and striping, grades and slopes and maintain and repair the improvements constructed in other portions of the Common Area.. Any modifications of the improvements installed in accordance with said plans shall be made in accordance with the procedure set forth in this Declaration and modification of the use permit or other applicable zoning permit as so required. The Association shall provide funds for said maintenance and repair in accordance with the assessment, pro~risions ~set forth, in Section 8 of this Declaration. The Association shall also maintain or provide for the maintenance of the exteriors of the Units. If any of the maintenance or repair work referred to above is necessitated by the willful or negligent acts of the Owner, his/her family, guests or invitees, the costs of such special restoration or repairs shall be chargeable to the Owner as provided in Section 8. .5.02. Owners' Maintenance Obligations. Each Owner shall be responsible for maintaining in good condition and repair his/her Unit and Lot, including all improvements and landscaping thereon. If an Owner fails to maintain his/her Lot as provided herein in a manner which the Board reasonably deems necessary to preserve the aak:t)n ~appearance and/or value of the Project, the Board may notify the Owner of the work required and request that it be done within a reasonable and specific period. If the Owner fails to perform such maintenance and/or repairs within said period, the Board shall, subject to the notice and hearing requirements set forth in the Bylaws, have the right to enter upon the Lot to cause such maintenance and/or repair work to be performed. Cost of any such repair or maintenance shall be charged to the Owner through an Individual Charge as provided in Section 8 hereof. Notwithstanding the foregoing, in the event of an emergency arising out of the failure of an Owner to maintain his/her Lot, the Board shall have the right, through its agents and employees, to -111- immediately enter the Lot to abate the emergency and individually charge the cost thereof to such 5.03 Declarant's Improvement Obligations. Declarant .qhall improve or cause to be improved · the landscaped portions of the Common Areas and other Common Areas as shown on the following plans: Landscape Plans. Plans consisting of sheet(s) des/~ated , dated prepared by , Job No. , entitled , together with the Legend of Plants as shown on the Plan and Irrigation System Specifications consisting of sheet(s), designated , dated , prepared by , Job No. , entitled . Declarant shall file a copy of the as-built plans to the Association. The Association shall maintain same on file as permanent record.~ available for inspection and review by prospective owners and other interested persons and for performing of its duties with respect thereto. · Improvement Plans of Other Common Areas or Properties. A plan consisting of sheets, dated , Revised , prepared by , Job No. , entitled . Declarant ghall file a copy of the as- built plans with the Association. The Association shall maintain same on file as permanent records available for inspection and review by prospective owners and other interested parties and for performance of its duties with respect thereto. 5.1 SECTION 6: ASSOCIATION. ADMINISTRATION~ M'EMBERSI:IIP AND VOTINC 6.01. Association to Manage Project. The management of the Project shall be vested in the -112- Association in accordance with the Project Documents, and all applicable laws, regulations and ordinances of any governmental or quasi-governmental body or agency having jurisdiction over the Project. 6.02. Membership. Each Owner shall be a Member of the Association, and shall remain a Member thereof until such time as ownership ceases for any reason, at which time such membership in the Association shall automatically cease. 6.03. Transferred Membership. Membership in the Association shall not be transferred, pledged, or alienated in any way, except upon the sale or encumbrance of the Lot to which it is appurtenant, and then only to the purchaser, in the case of a sale, or Mortgagee, in the ease of an encumbrance of such Lot. A Mortgagee does not have membership rights until it becomes an Owner by foreclosure or deed in lieu thereof. Any attempt to make a prohibited tmusfer is void. Any person or entity acquiring fee rifle or equitable title to a Lot, whether by reason of a deed from the Owner or through a foreclosure, shall within 15 days of acquiring such title inform the Association in writing of the ,date such rifle transferred and the name or names in which title is held. 6.04. Classes of Membershi¢) and Voting. The Association shall have two classes of voting Members: Class A. Class A Members shall be all Owners except Declarant and shall be entitled to one vote for each Lot owned. When more than one person or entity owns a Lot, all such persons and entities shall be Members and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B Member shall be the Declarant, who shall be entitled to three votes for each Lot owned. Additionally, Declarant shall have all of the rights and responsibilities of an dOwner prior to the sale of each Unit. 6.05. Termination of Class B Membership). The Class B membership shall be irreversibly converted to Class A membership on the occurrence of whichever of the following is first in time: a)- --When-the total-out standing~vote's-held-by-elass -A~vlembers-e qual~che~tota! outstanding votes held by the Class B Member, or, b) Not later than the second anniversary of the first conveyance of a Lot in the Project pursuant to a Final Public Report. 6.06. Approval of Members Other Than Declarant. With the exception of actions authorized for the Enforcement of Bonded Obl/gations, no action which requires the approval of a prescribed majority of the voting power of Members of the Association other than the Declarant shall preclude the Declarant from casting votes attributable to subdivision interests which it owns. When a two class voting structure is still in effect, any action requiring the approval by the vote or written assent of a prescribed majority of the Class A voting power shall also require the vote or written assent of a bare majority of the Class B voting power. 6.1 When a single class voting structure exists, after the conversion of Class B to Class A -113- membership, approval of any action by the vote or written assent of a prescribed majority of the total voting power of Owners other than the Declarant shall also require the approval by vote or written assent cfa bare majority of the total voting power of the Association. 6.07. Inspection of Books. All Members shall have reasonable access to inspect the books, records and financial statements of the Association, including annual audited financial statements when such are prepared, pursuant to t~ Declaration and subject to the same. 6.08. Commencement of Voting Rights. Voting rights attributable to Lots shall not vest until assessments against those Lots have been levied by the Association. 6.09. Co-Owner Votes. The vote for each Lot may not be cast on a fi'actional basis. If the Co-Owners of a Lot are unable to agree among themselves as to how their vote shall be cast, they shall forfeit the vote on the matter in question. If only one Owner exercises the vote of a particular Lot, it shall be conclusively presumed for all purposes that he/she was acting with the authority and consent of all · other Owners of the same Lot. If more than one Co-Owner exercises the vote for .a particular Lot, their votes shall not be counted and shall be deemed void. 6.10. Membership Meetings. Regular and special meetings of Members and of the Board shall be held with the f~equency and at the time and place and irt accordance with the provisions of the Bylaws. 6.11. Notice and Place of Meetings. Written notice of each meeting of the Members shall be given by, or at We direction of, the Secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least 10 days but not more than 90 days before such meeting to each first mortgagee requesting notice and to each Member, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the ease of a special meeting, the purpose of the meeting. Meetings shall be held within the Project or at a meeting place as close thereto as possible. 6.12. Board of Directors. The affairs of the Association shall be managed by a Board of Directors, which shall be established, and which shall conduct regular and special meetings according to the provisions-of-the-Bylaws. 6.2 SECTION 7: POWERS~ DUTIES AND I,IMITATIONS OF ~ ASSOCIATION -114- 7.01. Powers and Duties of Association. In addition to the powers and duties enumerated in its Articles and Bylaws or elsewhere provided for herein, and without limiting the generality thereof, the Association and the Board shall have the following powers and duties: a) Delegation of Powers. To delegate all powers to Committees, officers or employees of the Association as expressly authorized by the Project Documents. b) Management Agent!. To employ a management agent and to contract with independent contractors to perform all or any part of the duties and responsibilities of the Association, provided that any conlract with a fu-m or person appointed as a managing agent or any other contract providing for services of the developer, sponsor or builder shall not exceed a I year term renewable by the parties for successive one year periods and shall provide for the fight of the Association to ten~finate the same at the first annual meeting of the Members of the Association, to terminate the same for cause on 30 days written notice, and either party may terminate without cause and without payment of a tern-,ination fee on 60 days written notice. c) Maintenance. To maintain the Project as required by the provisions of this d) Supervision. To supervise all officers, agents and employees of the Association and see that their duties are properly performed. e) Assessments, Liens, and Fines. To levy and collect assessments and as provided in the Project Documents, impose fines or take disciplinary action against Owner for failure to pay assessments or for violation of any provision of the Project Documents. Penalties may include, but are not limited to: fines, temporary suspension of voting rights, rights to use of the facilities on the Common Area, or other appropriate discipline for failure to comply with the governing instruments, provided that the accused Member is given notice and the opportunity to be heard by the Board with respect to the alleged violations before a decision to impose discipline is reached. Such notice and hearing procedures shall satisfy the minimum requirements of Corporations Code Section 7341, which are set forth in Section 12 of the Bylaws. f) ---Enl. orcement-o f-Proi ect- Documents-:-To-enforce~appticable~provisions-.of the-Project Documents for the ownership, management and control of the Project. g) Adoption of Rules. To adopt, amend and repeal reasonable rules consistent with this Declaration relating to the use of the Common Area and all facilities thereon, and the conduct of Owners and their tenants and guests with respect to the Project and other Owners. A copy of the Association Rules as adopted, amended or repealed shall be mailed or otherwise delivered to each Owner and a copy shall be posted in a conspicuous place within the Common Area. h) Records. Cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any ,special meeting when such statement is requested in writing by 5% or more of the total voting power of the Association; keep adequate and correct books and records of account, minutes of proceedings of its Members, Board and committees, and a record of its Members giving their names and addresses and classes of membership. 7.1 i) Water and Other Utilities. To acquire, provide and pay for water, sewer, garbage disposal refuse and rubbish collection, electrical, telephone, gas and other utility services as necessary -115- for the Common Area. j) Granting of Easements. To grant easements where necessary for utilities and sewer facilities over the Common Area to serve the Common Area and the Lots. k) Exercise of Easements. To exercise all easement rights as granted to it in this Declaration for the purpose of performing the maintenance authorized herein or for any other purpose reasonably related to the performance by the Association or the Board of their responsibilities, the Association's agents or employees. 1) Contracts. To contract for goods and/or services for the Common Area facilities and interests or for the Association, subject to limitations elsewhere set forth in the Project Documents. m) Limit Number of Guests. To limit the number of an Owner's guests who may use any facilities on the Common Area. n) Title to Common Area. To accept tide to the Common Area conveyed to it by Declarant. o) Acquisition of Property_. To acquire Coy gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal Property in connection with the affairs of the Association. p) Budgets. To prepare budgets and financial statements for the Association as prescribed in this Declaration. q) Legal and Accounting. To obtain and pay the cost of legal, accounting and other professional services necessary or proper for the maintenance and operation of the Project and the enforcement of the Project Documents. r) Emergency Repair. To enter upon any privately owned Lot as necessary in connection with construction, maintenance or emergency repair for the benefit of the Common Area or the Owners in common. s) Election of the Board of Directors. To elect the Members of the Board. t) Filling Vacancies, To fill vacancies on the Board created by the removal of a Board Member. 7.02. Propert~ Taxes and Assessments. Each Owner shall be obligated to pay any taxes or assessments levied by the County Assessor against his/her Lot and personal Property. To the extent not assessed to or paid directly by the Owners, the Association shall pay all real and personal Property taxes and assessments levied upon any portion of the Common Area or other Property owned by the Association. 7.2 The Association shall prepare and file annual tax returns with the federal government and the State of California and make such elections as may be necessary to reduce or eliminate the tax -116- liability of the Association. 7.03. Insurance. The Association shall maintain casualty, liability and other insurance on behalf of the Association as required by the provisions of this Declaration. 7.04. Discharge of Liens. The Association shall discharge by payment, if necessary, any lien against the Common Area, and assess the cost thereof to the Owners responsible for the existence of said lien. 7.05. Payment of Expenses. The Association shall pay all expenses and obligations incurred by the Association in the conduct of its business including, without limitation, all licenses, taxes or governmental charges levied or imposed against the Property of the Association. 7.06. Prohibited Acts. The Association, through its Board, shall be prohibited from taking any of the following actions, except with the vote or written assent, by vote at a meeting of the Association or by written ballot without a meeting pursuant to CorporationS Code Section 7513, of a simple majority of the voting power of the Association residing in Members other than the Declarant, constituting a quorum consisting of more than fifty (50) percent of the voting power of the Association residing in Members other than the Declarant: a) Entering into a contract with a third person wherein the third person will furnish goods or services for the Common Area or the Association for a term longer than one year with the following exceptionS: i) A management contract, the terms of which have been approved in writing by the Federal Housing Administration or the Veterans Affairs; ii) A contract with a public utility company if the rates charged for the materials or services are regulated by the Public Utilities Commission; provided, however, that the tem~ of the contract shall nor exceed the shortest term for which the supplier will conlract at the regulated rate; nfJ---~p--ai~l ~t~Ity an--a~-d/~-li~b-ility insurance pbh~i~-g-tfh~t-tb-~d' three years duration provided that the policy perm/ts short rate cancellation by the insured; iv) Agreements for cable television services and equipment or satellite dish television services and equipment of not to exceed five years duration provided that the supplier is not an entity in which the subdivider has a direct or indirect ownership interest of 10% or more; v) Agreements for sale or lease of burglar alarm and fire alarm eqmpment, installation and services of not to exceed five years duration provided that the supplier or suppliers are not entities in which the subdivider has a direct or indirect ownership interest of 10% or more; or, vi) A contract for a term not to exceed three years that is terminable by the Association after no longer than one year without cause, penalty or other obligation upon ninety (90) days written notice of termination to the other party. 7.3 b) Incurring aggregate expenditures for capital improvements to the Common-non Area -117- in any fiscal year in excess of 5% of the budgeted gross expenses of the Association for that fiscal year; c) Selling during any fiscal year Property of the Association having an aggregate fair market value greater.than 5% of the budgeted gross expenses of the Association for that fiscal year; d) Paying compensation to Members of the Board or to officers of the Association for services performed in the conduct of the Association's business; provided, however, that the Board may cause a Member or officer to be reimbursed for expenses incurred in carrying on the business of the Association; or, e) Filling of a vacancy on the Board created by the removal of a Director. 7.07. Action Requiring Consent. The Board shall take the following actions only upon obtaining consents of Members as follows: a) The Consent of two-thirds of the voting power of the Association residing in Members other than the Declarant so long as the Declarant holds or directly controls at least 25 % of the voting power of the Association, and after the Declarant no longer controls 25 % or more, the consent of two-thirds of the total voting power of all Members shall be necessary to do the following: i) Borrow money, and only with the assent (by vote or written consent) of two-thirds (2/3) of Members, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal Property as security for money borrowed or debts incurred; · ii) Dedicate, sell or transfer all of or any part of any interest it may have in the Common Area to any public agency, authority, or utility for such purposes and subject to'such conditions as may be agreed to by the Members; provided that no such dedication or transfer shall be effective · unless an insmmaent has been signed by two-thirds (2/3) of the Members agreeing to such dedication, sale or mmsfer, and any sale of all or substantially all of the corporation's assets must be in compliance with Section 7.07(b) below. .iii) Participate m mergers and consolidations with other nonprofit corporations -erg -anized-for-the -same-purp~se-~r-aunex-ad~ti~nal~residentia~-Pr~perty~--pr~vide~d-that-any-~merger; consolidation or such annexation shall have the assent by vote of two-thirds (2/3) of Members or by the written consent of such Members, excluding Declarant. b) The consent of 100% of the Members shall be required so long as there is any Lot, parcel, area, apartment or unit for which the Association is obligated to provide management, maintenance, preservation or control for the Association to do the following: i) Transfer all or substantially all of its assets; or, ii) File a certificate of dissolution. 7.08. Dispute Resolutions. In any dispute in which the Association is a party, the Association may perform any act reasonably necessary to resolve any such civil claim or action through dispute resolution proceedings found in this Section 7. 7.4 7.09. Dispute Notification and Resolution Procedure (Owner Disputes. Any disputes between Owners regarding their respeetiye rights and duties under this Declaration shall be resolved in -118- accordsnce with the provisions of this Section. This does not apply to: (i) disputes, between the Association and any Owner or (ii) Declarant disputes that are covered under the provisions of the Section entitled "Dispute Notification and Resolution Procedure (Declamut Disputes)". If there is a dispute between Owners regarding their fights or duties under this Declaration, either party may submit a written request to the other party to have the dispute resolved in accordance with the provisions of this Section (the "Resolution Notice"). No later than 20 business days following the receipt of the Resolution Notice by the other party, the Owners shall meet and negotiate in good faith to resolve the dispute within ten days of the date of their receipt. If a party refuses or fails to meet for any reason or if the dispute cannot be resolved as a result of the meeting, the dispute shall be resolved in accordance with the procedures described in subparagraphs (a) and/or Co) below in that order. (a) Mediation. If the dispute cannot be resolved within 30 days of receipt of the Resolution Notice, the dispute shall be submitted to mediation pursuant to the mediation procedures adopted by the American Arbitration Association or any successor thereto or to any other entity offering mediation services that is acceptable to the parties. Either party may initiate the mediation procedures. If either party fails or refuses to participate in mediation for any reason, the other party may commence binding arbitration as described/n subparagraph (b). The arbitrator shall take into account a party's failure or refusal to mediate in awarding costs and attorneys' fees. The mediator has discretion to conduct the mediation in the manner in which the mediator believes is most appropriate for reaching a settlement of the dispute. The mediator is authorized to conduct joint and separate meetings with the parties and to make oral and written recommendations for settlement. Whenever necessary, the mediator may also obtain expert advice concerning technical aspects of the dispute, .provided the parties agree and assume the expenses of obtaining such advice. The mediator does not have the authority to impose a settlement on the parties. (b) Binding Arbitration. If the parties cannot resolve the dispute pursuant to the procedures described in subparagraph (a), either party, may commence binding arbitration under the American Arbitration Association or any other arbitration provider mutually acceptable to the parties. The following rules and procedures shall apply in all cases unless the parties agree otherwise: (i)-~the- proceedings- shall -be-heard-fix the-County; (ii) the arbitrator need not be an attomey or ret/red judge; but, if not, the arbitrator must have at least five years' experience in relevant real estate matters; (iii) the arbitrator may require one or more pre-hearing conferences; (iv) he parties shall be entitled to discovery to the extent authorized under Civil Code of Procedure section 1283.05, and the arbitrator shall oversee discovery and may enforce all discovery orders in the same manner as any trial court judge; (v) the arbitrator shall apply the rules of law, including the rules of evidence, unless expressly waived by both parties; 7.5 (vi) at the request of either party, a stenographic record of the hearing shall be made, provided that the record shall remain confidential except as may be necessary for any appeals (the requesting party shall pay the stenographic fees, which shall be included as court costs); -119- (vii) the arbitrator's statement of decision shall contain findings of fact and conclusions of law to the extent applicable, and the arbitrator's decision shall be rendered within 30 days of the conclusion of the hearing; (viii) :administration of the arbitration shall be by a neutral and impartial person(s). (ix) the neutral and impartial individual(s) to serve as arbitrator(s) shall be appointed, with the arbitrator(s) to be appointed within a specified period of time, which in no event shall be more than sixty days from the administrator's receipt of written request from a party to arbitrate the claim or dispute. In selecting the arbitrator, the provisions of Section 1297.121 of the Code of Civil Procedure shall apply. An arbitrator may be challenged for any of the grounds listed therein or in Section 1297.124 of the Code of Civil Procedure. (x) the arbitrator in his or her discretion may award costs and/or attorneys' fees to the party that the arbitrator determines was the prevailing party; (xi) the arbitrator's decision may include monetary damages and/or equitable relief; and (xii) the arbitrator's decision shall be final and binding on the parties unless the arbitrator has made au error of law that is apparent in the face of the decision and that results in a substantial injustice to either party; errors of fact are no grounds to set aside the award. The arbitmtor!s decision may be enforced in any court of competent jurisdiction. 7.10. Dispute Notification and Resolution Procedure (Declarant Disputes) Any disputes between the Association (or any Owners) and the Declarant or any director, officer, partner, employer, subcontractor or agent of the Declarant relating to this Declaration, the use or condition of the Property, and/or the design, construction and installation of any Improvements located thereon shall be subject to the following provisions: a) .... Notice :--Any-Person-with-a-ctairn-aga/nst-the-D eetarant-or -any-director;-officer, partner, employer, subcontractor or agent thereof (collectively the "Declamut" for purposes of this section) shall notify the Declarant in writing of the claim~ which writing shall describe the nature of the claim and the proposed remedy (the "Claim Notice"). b) Right to Inspect and Right to Corrective Action: Within a reasonable period after receipt of the Claim Notice, which period shall not exceed 60 days, the Declarant and the claimant shall meet at a mutually-acceptable place within the Project to discuss the claim. At such meeting or at such other mutually-agreeable time, Declarant and Declamnt's representatives shall have full access to the :Property that is subject to the claim for the purposes of inspecting the Property. The parties shall negotiate in good faith in an attempt to resolve the claim. If the Declarant elects to take any corrective action, Declarant and Declarant's representatives and agents shall be provided full access to the Project to take and complete corrective action. 7.6 If the claim is subject to the provisions of Civil Code Section 1375 as it may be amended from time to time, comphance with the procedures of Civil Code Section 1375 shall satisfy the requirements of this section. c) Mediation: If the parties cannot resolve the claim pursuant to the procedures -120- described above (including, if applicable, Civil Code section 1375 procedures), the matter shall be submitted to mediation using a mediator that is acceptable to the parties. If the parties cannot agree on a mediator, any party may petition the superior court of the county in which the Project is located for appointment of the mediator by the presiding judge. No Person shall serve as a mediator in any dispute in which the Person has any financial or personal interest in the result of the mediation, except by the written consent of all parties. Prior to accepting any appointment, the prospective mediator shall disclose any circumstances likely to create a presumption of bias or prevent a prompt commencement of the mediation process. Within ten days of the selection of the mediator, each party shall submit a brief memorandum setting forth its position with regard to the issues that need to be resolved. The mediator shall have the right to schedule a p~e-mediation conference and all parties shall attend unless otherwise · agreed. The mediation shall be commenced within ten days following the submittal of the memoranda and shall be concluded within 15 days from the commencement of the. mediation unless the parties mutually agree to extend the mediation period. The mediation shall be held in the county in which the Project is located or such other place as is mutually acceptable by the parties. The mediator has discretion to conduct the mediation in the manner in which the mediator believes, is most appropriate for the dispute. The mediator is authorized to conduct joint and separate meetings with the parties and to make oral and written recommendations for settlement. Whenever necessary, the mediator may also obtain expert advice concerning technical aspects of the dispute, provided the parties agree and assume the expenses of obtaining such advice. The mediator does not have the authority to impose a settlement on the parties. Prior to the commencement of the mediation session, the mediator and all parties to the mediation shall execute an agreement pursuant to California Evidence Code section 1152.5(c) or successor statute in order to exclude the use of an), testimony or evidence produced at the mediation in any subsequent dispute resolution forum, including, but not limited to, court proceedings, reference proceedings or arbitration hearings. Pursuant to California Evidence Code section 1152.5(a), the agreement shall specifically state: Evidence of anything said or of any adm/ssion made in the course of the mediation -- is-not--admissibleevidence;-, and-disctosure-of-any-such-evidence-shatt-not-be-competled-in-any-civit-action in which, pursuant to law, testimony can be compelled to be given. Unless the document provides otherwise, no document prepared for the purpose of, or in the course of, or pursuant to, the mediation, or copy thereof, is admissible in evidence; and disclosure of any such document shall not be compelled in any civil action in which, pursuant to law, testimony can be compelled to be given. Persons other than the parties, the representatives and the mediator may attend mediation sessions only with the permission of the parties and the consent of the mediator. Confidential information disclosed to a mediator by the parties or by witnesses in the course of the mediation shall not be divulged by the mediator. All records, reports, or other documents received by the mediator while serving in such capacity shall be confidential. There shall be no stenographic record of the mediation process. 7.7 The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including required traveling and other expenses of the mediator, and the expenses of any witnesses, or expert advice produced at the direct request of the mediator, shall be borne equally by the part/es unless they agree otherwise. d) Judicial Reference. If the parties cannot resolve the claim pursuant to the -121- procedures described in the subparagraph entitled "Mediation" above, the parties shall submit the dispute to judicial reference using a general referee acceptable to the parties; or, if the parties cannot agree, any party may petition the superior court of the county in which the Project is located for appointment of the general referee by the presiding judge for resolution under Code of Civil Procedure sections 638.1 and 641 through 645 .or any successor statutes thereto. The general referee shall have the authority to try any and all issues in the procee .d~ng, whether of fact or law, and to report a statement of decision. Neither the referee nor any party shall have the right to impanel a jury. The following rules and procedures shall apply in all cases unless the.parties agree otherwise: located; (a) the proceedings shall be heard in the county in which the Project is Co) the referee shall be au attorney or retired judge with at least five years experience in real estate matters; entity providing jurisdiction; (c) any dispute regarding the selection of the referee shall be resolved by the the reference services or, if no entity is involved, by the court with appropriate (d) the referee may require one or more pre-hearing conferences; (e) the parties shall be entitled to discovery, and the referee shall oversee discovery and may enforce all discovery orders in the same manner as any trial court judge; (f) the referee shall have the power to hear and dispose of motions in the same manner as a trial court judge; (g) the referee shall apply the rules of law, including the rules of evidence, unless expressly waived by both parties; (:h~ a-stenographic-reeord-ot~-the--hearing-shalt-bemaade;-provided-that-the- record shall remain confidential except as may be necessary for post-hearing motions and any appeals; (i) the referee's statement of decision shall contain findings of fact and conclusions of law to the extent applicable; and (j) the referee shall have the authority to role on all post-hearing motions in the same manner as a trial judge. Oc) if the decision were rendered by a lrial court judge. (j) each party retains the same appeal rights of the referees' decision as if the decision were rendered by a lrial court judge. ¸7.8 (m) the referee shall determine the allocation of fees. If the Association and/or Owner has complied with the requirements of subparagraphs (a), Co), (c) and (d) above and Declarant elects not to participate in the judicial reference procee.dmg because all necessary and appropriate parties will not participate, the Association, any Owner -122- or Declarant may bring an action in any court of competent jurisdiction to resolve the dispute. The' Association and each Owner covenants that each shall forbear from commencing any litigation against the Declarant without complying with the procedures described in subparagraphs (a), Co), (c) and (d) above. If the Association or any Owner breaches the foregoing covenant, Declarant may obtain an appropriate order compelling the Association and/or Owner to comply with the procedures described in subparagraphs (a), Co), (c) and (d). The procedures set forth in subparagraph (a), Co), (c) and (d) above shall not apply to any action taken by the Association against Declarant for delinquent assessments, which shall be governed by the Section entitled "Assessments", or in any action involving any Common Area Improvement bonds, which shall be governed by the provisions of the Section entitled "Enforcement of Bonded Obligations". Furthermore, nothing herein shall prevent the Association or any Owner from commencing any legal action which in the good faith determination of the Board or Owner is necessa~ to preserve any Association's or Owner's fights under any applicable statute of limitations, provided that the Association or Owner shall take no further steps in prosecuting the action until it has complied with the procedures described in subparagraph (a), Co), (c) and (d). Notwithstanding any other provision herein to the contrary, in any dispute between the Association and/or any Owner and the Declarant, each party shall bear its own attorneys' fees. The referee may award costs to the party that the referee determines prevailed in the proceeding. Any and all communications by and between the parties, whether written or oral, which are delivered by the parties or their attorneys or other representatives in an effort to settle the claim shall be considered communications undertaken in the course of effecting a settlement or compromise and as such shall not be admissible as the admission on the part of any party or any representative or agent of the party to be utilized for any such purpose in any action or proceeding. Nothing herein shall be considered to reduce or extend any applicable statute of limitations. 7.11. Civil Action Against Declarant. Not later than 30 days prior to the filing of any civil action :by the Association against the Declarant for alleged damage to the Common Areas, alleged damage to the Separate Interest that the Association is obligated to maintain or repair, or alleged damage to the Separate Interests that arises out of, or is integrally related to, damage to the Common Areas or Separate -interest-that--the-Association-is-obligated-to-maintain-or~repairr-the-Board- shatt-~provi~demrrittenmotice-to each Member of the Association. This notice shall specify all of the following: '- a) That a meeting will take place to discuss problems that may lead to the filing of a civil action; b) The options, including civil actions, that are available to address the problem; and, c) The time and place of this meeting; and, 7.9 d) Notwithstanding subdivision (a), if the Association has reason to believe that the applicable statute of limitations will expire before the Association files the civil action, the Association may ~[ve the notice, as described above, within 30 days after the filLng of the action. 7.12. Inspection and Maintenance. Guidelines. The Board shall adopt inspection and maintenance guidelines for the periodic inspection and maintenance of the Common Area Improvements. -123- The Board periodically and at least once every two years, shall review and update the inspection andmaintenance guidelines. The Board shall take all appropriate steps to implement and comply with the inspection and maintenance guidelines. 7.10 -124- SECTION 8: ASSESSMENTS 8.01. Agreement to Pay; Personal Obligations. Declarant, and its successor in interest, if any, for each Lot owned by it, and each Owner, by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association: (1) Regular Annual Assessments; (2) Special Assessments for capital improvements or unusual expenses to be established and collected as hereinafter provided (collectively "Assessments"); and, (3) Individual (Charges levied against an individual Owner, to be established and collected as provided in this Declaration and in the other Project Documents. All Assessments and Individual Charges, together w/th any late charges, interest, collection costs and reasonable attorney's fees incurred in collecting delinquent Assessments and Individual (Charges, shall be the obligation of We Owner of such Lot at the time when the Assessments or Individual Charges fell due. If more than one person or entity was the Owner of a Lot at the time the Assessments or Individual Charges fell due, the obligation to pay each Assessment and Individual (Charge shall be joint and several. The obligation for delinquent Assessments and Individual Charges shall not pass to any transferee unless expressly assumed by him. No Owner may exempt himself from liability for his/her Assessments or Individual Charges obligation by waiver of the use or enjoyment of any of the Project. If an Owner has a Wspse w/th the Association regarding an assessment levied by the Association, the Owner may pay the assessment under protest in accordance with the procedures set forth in Civil Code Section 1366.3 or any successor statute thereto. 8.02. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for paying the costs of and creating reserves for the costs of all obligations which the Association is author/zed or obligated to perform as described in this Declaration. 8.13. Common Facilit~ Assessment Exemp6on. The Declarant and any other Owner of a Lot may be exempt from the payment of that portion of any assessment which is for the purpose of defraying expenses and reserves directly attributable to the ~existence and use of a common facility that is not complete at the time assessments commence. Any exemption from the payment of assessments shall be in_effecLoaly_until_the_earlieshof_the_folloxving_e~ents :~ ,a) A Notice of Completion of the common facility has been reeorded; or, b) The common facility has been placed into use. 8.04. Regular Annual Assessments and Special Assessments. The provisions of this Subsection entitled "Regular Annual and Special Assessments" are intended to comply with Civil Code Sections 1366(a) and (b) in effect as of January 1, 1997. If this section is amended in any manner, the provisions of this subsection automatically shall be amended in the same manner, provided that if Section 1366(1>) is repealed and no successor statute is enacted with respect to restrictions on assessments, the provisions of this subsection shall remain in full force and effect. Civil Code Sections 1366(a) and,(b) may have been amended by the State Legislature, and the Board should confirm the current statutory requirements. Regular assessments shall be payable in equal monthly installments, due on the first day of each month, unless the Board adopts some other basis for collection. 8.1 -125- Notwithstanding any other provisions contained in this section, the Board may increase assessments necessary for emergency situations pursuant to Section 1356 of the Civil Code. 8.05. Quorum. For the purposes of establishing "Assessments" above, a quorum means more than 50% of the Members of the Association. In addition, any meeting or election of the Association for purposes of complying with this Subsection above entitled "Regular Annual Assessments" shall be conducted in accordance with Chapter 5 (commencing with Section 7510) of Part 3, Division 2 of Title I of the Corporations Code and Section 7613 of the Corporations Code. 8.06. Equal Division of Regular and Special Assessments. Regular and Special Assessments shall be levied against each 'Lot (and its Owner) equally, based on a fraction, the numerator of which is one and the denominator of which is the total number of Lots in the Project. 8.07. Individual Charge. Individual charges may be levied against a Member as follows: a) As a monetary penalty imposed by the Association as a disciplinary measure for the failure cfa Member to comply with the Project Documents; or, b) As a means of reimbursing the Association for costs incurred by the Association for the repair of damage to Common Areas and facilities for which the Member was responsible, or to otherwise bring the Member and his/her Lot into compliance with the Project Documents. Such individual charges (other than reasonable late charges, interest, costs of collection and reasonable attorneys' fees related ~o the collection of Assessments) are not enforceable through the lien provisions of the Project Documents. All individual charges shall comply with California Civil Code Section 1366 to the extent that it is applicable. 8.08. Commencement of Assessments and Individual Charges. The right to levy Assessments and Individual Charges shall commence as tx) all Lots in the Project on the close of escrow for the first conveyance of a Lot in the Project. Regular Assessments shall commence as t~ all Low in We Project on the first day of the month following the first conveyance of a Lot under authority of a Public Report. Thereaftcr-,-Regular--As- sessments- shatt-be -le-~ied- on-the-first-day-of-each-month. 8.09. Assessment Lien. Each delinquent Assessment or installment, shall be a charge and a continuing lien upon the Lot against which each Assessment is made, the lien to become effective upon recordation of a Notice of Delinquent Assessment, subject to any costs of collection (including attorney's fees), late charges, and interest, by taldng the following steps: a) The Association shall notify the Owner in writing by certified mail of the fee and penalty procedures of the Association, shall provide an itemized statement of the charges owed by the Owner, including items on the statement which indicate the' principal owed, any late charges and the method of calculation, any attorneys' fees, and the collection practices used by the Association, including the right of the Association to the reasonable costs of collection. b) After compliance with the notice requirements of"a" above, the Association may impose a lien against the Owner's Lot in the amount of the delinquent assessment or assessments, plus cost of collection, late charges and interest by recording a notice of delinquent assessment with the county recorder of the County in which the Project is located. The notice shall state the amount of the assessment(s) and other sums imposed in accordance with Civil Code Section 1366 or any successor statute against which the assessment(s) and other sums are levied, the name of the record owner of the 8.2 -126- Owner's Lot in the Project against which the lien is imposed, and, if the lien is to be enforced by non- judicial foreclosure, the name and address of the trustees authorized by the Association to enforce the lien by sale. The notice shall be signed by any officer of the Association or an employee or agent of the Association authorized to do so by the Board and a copy mailed in the manner required by Civil Code Section 2924b to all record owners of the Owner's Lot in the Project no later than ten days after recordation. Any payments made on the delinquent assessment(s) shall be applied first to the principal owed, and only after the principal owned is paid in full shall payments be applied to interest or collection costs. Upon payment of the sums specified in the Notice of Delinquent Assessment, the Association shall cause to be recorded with the county recorder of the county in which the Project is located a notice stating the satisfaction and release of the lien thereof. After the expiration of 30 days following the recordation of the notice of delinquent assessment, the Board may enforce any assessment lien established hereunder by filing an action for judicial foreclosure or, if the notice of delinquent assessment contained the name and address of the trustee authorized by the Association to enforce the lien by non-judicial foreclosure, by recording a notice of default in the form described in Civil Code Section 2924cCo)(1) to commence a non-judicial foreclosure. Any non-judicial foreclosure shall be conducted in accordance with the requirements of Civil Code Sections 2924, 2924b, 2924c, 2924f, 2924g and 2924h that apply to non-judicial foreclosure of mortgages or deeds of trust. The sale shall be conducted by We trustee named in the notice of delinquent assessment or by a trustee substituted in accordance with the provisions of Civil Code Section 2934a. The Association may bid on the Lot at the sale and may hold, lease, mortgage and convey the acquired Lot. If default is cured before the sale, including payment of all costs and expenses incurred by the Association, the Association shall record a notice of satisfaction and release of lien and, to the extent required by Civil Code Section 2924(c)(a)(2), a notice of rescission. In addition to the remedies described herein, the Board, pending the payment in full of all delinquent assessments and related charges, may suspend the voting fights of the Owner. The provisions of this section are intended to comply with the requirements of 'Civil Code Sections 1366.3 and 1367 in effect as of January 1, 1997. If these sections are amended or rescinded in any manner the provisions of this Section automatically shall be amended or rescinded in the same manner. The Board is advised to eon_firm whether any changes have occurred. 8.3 -127- SECTION 9: ENFORCEMENT OF RESTRICTIONS 9.01. General. The Association or any Owner shall have the fight to enforce compliance with the Project Documents in any manner provided by law or in bringing an action for damages, an action to enjoin the violation or to specifically enforce the provisions of the Project Documents, to enforce the hens provided for herein (except that no Owner shall have the fight to enforce independently of the Association any Assessment, Individual Charge or Assessment lien created herein) and any statutory lien :provided by law, including the foreclosure of any such lien and the appointment of a receiver for an Owner and the right to take possession of the Lot in the manner provided by law. In the event the Association or any Owner shall employ an attorney to enforce the provisions of the Project Documents against any Owner, the prevailing party shall be entitled to reasonable attorneys' fees .and costs in addition to any other mounts due as provided for herein. All sums payable hereunder by an Owner shall bear interest at the maximum rote permitted by law from the due date, or if advanced or incurred bythe Association or any other Owner pursuant to authorization contained in the Project Documents, commencing 15 days after repayment is demanded. All enforcement powers of the Association shall be cumulative. Failure by the Association or any Owner to enforce any covenant or .restriction herein contained shall in no event be deemed a waiver of the fight to do so thereafter. 9.02. Specific Enforcement Rights. In amplification of, and not in limitation of, the general rights specified in Section 9.01 above, the Association, or its authorized representative, shall have the following rights: a) Enforcement by Sanctions. i) Limitation. The Association shall have no power to cause a forfeiture or abridgment of an Owner's right to the full use and enjoyment of his/her Lot on account of a failure by the Owner to comply with provisions of the Project Documents except where the loss or forfeiture is the result of the judgment of a court or a decision arising out of arbitration or on account of a foreclosure or sale under a power of sale for failure of the Owner to pay Assessments levied by the Association. ii) Disciplinary Action.. The Association may impose monetary penalties, temporary--suspensions-of-a-reasonable-duration--(not~to--exceed-~30~days-perwiotation)-of-an-Owner,s rights as a Member of the Association or other appropriate discipline for failure to comply with the Project Documents. Notwithstanding the foregoing, the Association shall have no right to interfere with an Owner's right of ingress to or egress from his/her Lot. If the Board adopts a policy imposing monetary penalties, the Board shall adopt and distribute to each Member, by personal delivery or first-class mail, a schedule of the monetary penalties that may be assessed. The Board may change the schedule from time to time and shall distribute a notice of such changes to the Members in the same manner as the schedule of penalties. If requested by a Member being disciplined, the Board shall conduct the disciplinary proceeding in executive session. In such session, the Member, and, if apphcable, the Member's counsel, and the Association's counsel shall be entitled to attend. In addition, the Board may interview w/messes and other appropriate parties to the disciplinary proceeding in executive session. The provisions of th/s paragraph are intended to comply with requirement of Civil Code Section 1363(g) in effect as of January 1, 1997. If the provisions of Section 1363(g) are amended or repealed in any manner, this paragraph automatically shall be amended or repealed in the same manner. Civil Code Section 1363(g) may have been mended by the State Legislature, and the Board should confirm the current statutory requirements. 9.1 -128- Before disciplinary action authorized under this Section may be imposed by the Association, the Owner against whom such action is proposed to be taken shall be given notice and the opportunity to be heard in accordance with Section 7341 of the Corporations Code, as set forth in Section 12 of the Bylaws. b) Suit to Collect Delinquent Assessments or Individual Charges. A suit to recover a money judgment for unpaid Assessments or unpaid Individual Charges, together with late charges, interest, costs and reasonable attorneys' fees shall be maintainable by the Association. In the case of unpaid Assessments, such suit shall be maintainable without foreclosing or waiving the hen securing such unpaid Assessments. c) Transfer by Sale or Foreclosure. In a sale or transfer of a Lot, the obligation for delinquent Assessments or individual charges shall not pass to the tmusferee unless expressly assumed by him. The sale or transfer of any Lot shall not affect the Assessment lien, nor the fight of the Association to impose a hen for Assessments which became due prior to such sale or transfer. However, the sale or lxansfer of any Lot pursuant to the exercise of a power of sale or judicial foreclosure involving a default under a First Mortgage shall ext/nguish the lien and right to hen for Assessments which became due prior to such sale or transfer. No transfer of the Lot as the result of a foreclosure or exercise of a power of sale shall relieve the new Owner, whether it be the former beneficiary of the First Mortgage or another person, fi:om liability for any Assessments or individual charges thereafter becoming due or fi:om the lien thereof. d) Waiver of Homestead Benefits. Each Owner to the extent permitted by law, waives, to the extent of any liens created pursuant to the Project Documents, the benefit of any homestead or exemption laws of California in effect at the t/me any Assessment becomes due. ¸9.2 -129- SECTION 10: BUDGETS. FINANCIAL STATEMENTS AND BANK ACCOUNTS 10.01. Proposed Budget. Not less than 75 days before the beginning of each fiscal year, the Board shall prepare or cause to be prepared, a proposed pro forrna budget for the forthcoming fiscal year. Any Owner or Mortgagee may make written comments to the Board with respect to said Pro Forma Operating Statement. The pro forma operating statement shall be prepared consistently with the prior fiscal year's operating statement and shall include adequate reserves for contingencies and for maintenance, repair and replacement of the Common Area improvements and Association personal Property likely to need maintenance, repair or replacement in thc future. 10.02. Adopt Budget. Not more than 75 days nor less than 60 days before the beginning of each fiscal year, the Board shall meet to review the proposed pro forma budget, any written comments received and any other information available to it and, after making any adjustments that the Board deems appropriate, shall adopt the budget and establish the Regular Assessment for the forthcoming fiscal year. 10.03. Budgets, Financial Statements. The following financial and related information shall be regularly prepared and distributed by the Board to all Members of the Association in accordance with Section 1365 of the Civil Code: a) Budget. A copy of the operating budget shall be annually distributed not less than 45 days and not more than 60 days prior to the beginning of the Association's fiscal year, which shall include all of the following: (1) The estimated revenue and expenses of the Association on an accrual basis; (2) A smmmry of the Association's reserves based on the most recent reserves review or study conducted pursuant to Section 1365.5 of the Civil Code, which shall be printed in bold type and include all of the following: A)---Th~ current ~s~i%-a~-dY~la~-enT~0~i, estimatec[~--n~l~i~-g iife. and estimated useful life of each major component. B) As of the end of the fiscal year for which the study was prepared: (i) The current estimate of cash reserves necessary to repair, replace, restore or maintain the major components; and, (ii) The current mount of accumulated cash reserves actually set aside to repair, replace, restore or ma/ntain the major components; and, amount in (i) of subparagraph B. The percentage that the amount in (ii) of subparagraph B is to the (3) A statement as to whether the Board has determined or anticipates that the levy of one or more special assessments will be required to repair, replace or restore any major component, or to provide adequate reserves therefor; and, -130- 10.1 (4) A general statement setting forth the procedures used by the Board in the calculation and establishment of those reserves to defray the future repak, replacement, or additions to those major components for which the Association is responsible. The summary of the Association's reserves disclosed pursuant to paragraph (2) shall not be admissfble in evidence to show improper financial management of an Association, provided that other relevant and competent evidence of the financial condition of We Association is not made inadmissible by this provision. b) Financial Statements. A review of the financial statement of the Association shall be prepared in accordance with generally accepted accounting principles by a licensee of the California State Board of Accountancy for any fiscal year in which the gross income to the Association exceeds seventy-five thousand dollars ($75,000). A copy of the review of the financial statement shall be distributed w/thin 120 days after the close of each fiscal year. In lieu of the distribution of the operating budget referred to in subsection "a)" above entitled "Budget", the Board may elect to distribute a summary of the proforma operating budget to all Members of the Association w/th a written notice (in at least 10-point bold type on the front page) that the budget is available at the business office of the Association, or at a location within the Project's boundaries, and that copies will be provided upon request and at the expense of the Association. The Association must mail such copies of the pro forma operating budget, by first-class United States mail to any Member requesting same at the expense of the Association, which copies shall be mailed within five days from receipt of such request. c) Statement of Enforcement Policies. In addition to financial statements, the Board shall annually distribute within 60 days prior to the beginning of the Association's fiscal year, a statement :of the Association's policies and practices in enforcing lien fight or other legal remedies against Members for defaults in the payment of regular and special assessments including We recording and foreclosing of liens against Members' Lots. 10.04. Summary of General Liability and Earthquake and Flood Policies. A summary of the Association's General Liability and Earthquake and Flood policies (individually and collectively referred as the "Policy" or "Policies") shall be distributed to, all Members within 60 days preceding the beginning .of the Association's fiscal year. The sunmam3, shall include the following information on the Policies: i) The name of the insurer. 'ii) The type of insurance. iii) The Policy limits of the insurance; and, iv) The Association shall, as soon as reasonably practical, notify its Members by first-class mail if any of the Policies have been canceled and not immediately renewed or restored or if there is a significant change, such as a reduction in coverage or 1/mits, or an increase in the deductible for any Potty. The Association shall notify its Members to the extent that the information required to be disclosed pursuant to the above, is specified in the insurance declaration page, the Association may meet its disclosure obligations by making copies of that page and distributing copies to all its Members. 10.2 -131- This stmn~ry shall contain, in at least lO-point boldface type, the following statement: This suramary of the Association's policies of insurance provides only certain information as required by subdivision (e) of section 1365 of the Civil Code and should not be considered a substitute Or the complete policy terms and conditions contained in the actual policies of insurance. Any member, upon request and reasonable notice, may review the Association's insurance policies and, upon request and payment of reasonable duplication charges, obtain copies of those policies. Although the Association maintains the policies of insurance specified in this summary, the Association's policies of insurance may not cover your property, including personal property, or real property improvements to or around your dwelliug, or personal injuries or other losses that occur within or around your dwelling. Even if a loss is covered, you may nevertheless be responsible for paying all or a portion of any deductible that applies. Association members should consult with their individual insurance brokers or agent for appropriate additional coverage. The provisions of this Sub-section are intended to comply with the requirements of Civil Code Sections 13540), 1363.05(e) and 1365 in effect as of January 1, 1997. If these Civil Code Sections are amended or repealed in any manner, the provisions of this Subsection shall be amended or repealed in the same manner. Civil Code Sections 1354(0, 1363.05(e) and 1365 may have been amended by the State Legislature, and the Board should confirm the current statutory requirements. 10.05. Reserves and Reserves Study. a) Reserves. Each anuual regular assessment shall include a portion for reserves in such amount as the Board in its discretion considers appropriate m meet the cost of the future repair, replacement or additions to the Major Components that the Association is obligated to maintain and repa/r. Reserve funds may not be expended for any purpose other than the repair, restoration, replacement, or maintenance of, or litigation involving the repair, restoration, replacement, or maintenance of, Major Components which the Association is obligated to maintain. b) T-ransfer-of-Rese. rves..NoWdthstanding-the-foregoingr the-B oard-may- authorize-the_ temporary transfer of money from a reserve fund to the Association's general operating fund to meet short-term cash-flow requirements or other expenses, provided the Board has made a written finding, recorded in the Board's minutes, explaining the masons that the transfer is needed, and describing when and how the money will be repaid to the reserve fund. The transferred funds shall be restored to the reserve fund withiu one year of the date of the initial transfer, except that the Board may, upon makiug a finding supported by documentation that a temporary delay would be in the best interests of the Project, temporarily delay the restoration until the time which the Board reasonably determines to be necessary. The Board shall exercise prudent fiscal management in maintaining the integrity of these funds and shall, if necessary, levy a special Assessment to recover the full amount of the expended funds within the time limits required herein. The special assessment is subject to the Assessment increase restrictions set forth in Subsection 8.4 (entitled "Regular Annual Assessments and Special Assessments") and Civil Code Section 1366Co). The Board may, at its discretion, extend the date the payment on the special assessment is due. Any extension shall not prevent the Board from pursuing any legal remedy to enforce the collection of an unpaid special assessment. When the decision is made to use reserve funds or to temporarily tmusfer money from the reserve fund to pay for litigation, the Association shall notify the Members of the 10.3 -132- Association of that decision in the next available mailing to all Member~ pursuant to Section 5016 of the Corporations Code, and of the availabihty of an accounting of those expenses. Unless the governing documents impose more stringent standards, the Association shall make an accounting of expenses related to the litigation on at least a quarterly basis: The accounting shall be made available for inspection by Members of the Association at the Association's office. c) Reserve Study. At least once every three years, the Board shall cause to be conducted a reasonably competent and diligent visual inspection of the accessible areas of the major components which the Association is obligated to repair, replace, restore, or maintain as a part of a study of the reserve account requirements of the Project if the current replacement value of the major components is equal to or greater than one-half of the gross budget of the Association, which excludes the Association's reserve account for that period. The Board shall review this study annually and shall consider and implement necessary adjustments to the Board's analysis of the reserve account reqmrements as a result of that review. The study shall, at a minimum, include: i) Identification of the major components which the Association is obligated to repair, replace, restore, or maintai~ which, as of the date of the study, have a remaining useful life of less than 30 years; ii) Identification of the probable remaining useful life of the components identified in subparagraph (1) as of the date of the study; iii) An estimate of the cost of repak, replacement, restoration, or maintenance of each Major Component identified in subparagraph (1) during and at the end of its useful life; and, iv) A.n estimate of the total armual contribution necessary m deft:ay the cost to repair, replace, restore, or maintain each major component during and at the end of its useful life after subtracting total reserve funds as of the date of the study. As~used-herein,-tYeserve-accotmts" maeans moneys-that-the Board-has identified for use to defray the furore repair or replacement of, or a&litions to, those major components which the Association is obligated to maintain; and "reserve account requirements" means the estimate funds which the Board has determined are required to be available at a specified point in time to repair replace or restore those in major components which the Association is obligated to maintain. The provisions of the Subsection entitled "Reserves and Reserves Study" are intended to comply with the requirements of Civil Code Section 1365.5(c) and (d) in effect as of January 1, 1997. If these Civil Code Sections are rescinded or amended in any ~er, the provisions of the Subsection automatically shall be rescinded or amended in the same nmmaer. Civil Code Section 1365.5(c) and (d) may have been amended by the State Legislature, and the Board should confirm the current statutory requirements. '10.06. Bank Accounts. The Association shall deposit all funds collected from Owners pursuant to the Section herein entitled "Assessments" and all other amounts collected by the Association as follows: 10.4 -133- a) General. All funds shall be deposited ha a separate bank account ("General Account") with a bank located ha California. The Association shall keep accurate books and records regarding such account. Funds deposited in such account may be used by the Association only for the purposes for which such funds have been collected. b) Reserve. Funds which the Association shall collect for reserves for capital expenditures relating to the repa/r and maintenance of the Lots and Common Area, and for such other contingencies as are required for good business practice shall, within 10 days after deposit ha the General Account, be deposited into an interest bearing account with a bank or savings and loan association selected by the Association, or invested ha Treasury Bills or Certificates of Deposit or otherwise prudently invested, which shall collectively be referred to as the "Reserve Account". Funds deposited into the Reserve Account shall be held in trust and may be used by the Association only for the purposes for which such mounts have been collected. 10.5 -134- SECTION 11: INSPECTION OF BOOKS AND RECORDS 11.01. Inspection by Members. a) Commencing not later than 90 days after the close of escrow of the first interest in the Project, copies of the documents listed below, as soon as readily obtainable, shall be delivered by the Declarant to the Board of the Association at the office of the Association, or at such other place as the Board shall prescribe. The obligation to deliver the documents listed below shall apply to any documents obtained by the Declarant no matter when obtained, provided, however, such obligation shall terminate upon the earlier of (1) the conveyance of the last subdivision interest covered by a Final Public Report or (2) three years after the expiration of the most recent Public Report for the Project: i) The recorded subdivision Map or Maps for the Project. ii) The deeds and easements executed by the Declarant conveying the Common Area or other interest to the Association, to the extent applicable. iii) The recorded Declaration for the Project, including all amendments and annexations thereto. iv) The Association's filed Articles of Incorporation, if any, and all v) The Association's Bylaws and all amendments thereto. Owner's interest in the Association. vi) All architectural guidelines and all other rules regulating the use of an Project or use of the Common Area which have been promulgated by the vii) The plans approved by the local agency or county where the Project is located for the construction or improvement of facilities that the Association is obligated to maintain or repair; provided, however, that the plans need not be as-built plans and the plans may bear appropriate restrictions on their commercial exploitation or use and may contain appropriate disclaimers regarding their--aceuracy~ viii) Ail Notice of Completion certificates issued for Common Area improvements (other than residential structures). beneficiary. ix) Any bond or other security device in which the Association is the x) Any written warranty being lransferred to the Association for Common Area equipment, fixtures or improvements. xi) Any insurance policy procured for the benefit of the Association, its Board or the Common Area. xii) Any lease or contract to which the Association is a party. 11.1 -135- xiii) The membership register, including mailing addresses and telephone numbers, books of account and minutes of meetings of the Members, of the Board and of committees of the Board. x/v) Any other instrument which establishes or defines the common, mutual or reciprocal rights or responsibilities of Owners or Members of the Association. b) If the Project is phased, commencing not later than 90 days after the annexation of additional phases to the Project, copies of those documents listed under subdivision (a) which are applicable to that phase, shall as soon as readily obtainable; be delivered by Declarant to the Board at the office of the Association, or at such other place as the Board shall prescribe. The obligation to deliver the documents listed in Subsection (a) shall apply to any documents obtained by the Declarant no matter when obtained, provided, however, such obligation shall terminate upon the earlier of (1) the conveyance of the last subdivision interest covered by a Final Public Report or (2) three years after the expiration of the most recent Final Public Report for the Project. c) The membership register, 'including mailing addresses and telephone numbers, books of account and minutes of meetings of the Members, the Board, and of committees of the Board shall be made available for inspection and copying by any Member of the Association or by his/her duly-appointed representative at any reasonable time and for a purpose reasonably related to his/her interest as a Member at the office of the Association or at such other place within the Project as the Board shall prescribe. d) i) In the case of the minutes, minutes proposed for adoption that are marked to indicate draft status, or a sunmaary of the minutes, of any meeting of the Board, other than an executive session, shall be available to Members within 30 days of the meeting and shall be distributed to Members only upon request and payment of the fee prescribed in Section 11.02(c) below. ii) At the time the pro fora operating budget is distributed as required by Section 10 or at the time of any general mailing, Members of the Association shall be notified in writing of their right to have copies of the minutes of meetings of the Board and as to how and where those mi*mtes-may-be-obmined-and-the-.eost-of-obminmg-sueh-copies: 11.02. Rules for Inspection by Members. The Board shall establish reasonable rules with respect to: a) Notice to be given to the custodian of the records by the Member desiring to make the inspection; b) Hours and days of the week when such an inspection may be made; and, c) Payment of the costs of reproducing copies of documents requested by a 11.03. Inspection by Directors. Every Director shall have the absolute right at any reasonable time to inspect all books, records, and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a Director includes the right to make extracts and copies of documents. 11.2 -136- 11.04. Review of Financial Records. The Board shall review on at least a quarterly basis a current reconciliation of the Association's operating and reserve accounts, the current year's actual reserve revenues and expenses compared to the current year's budget and an income and expense statement for the Associatioffs operating and reserve accounts. In addition, the Board shall review the latest account statements prepared by the financial institutions where the Association has its operating and reserve accounts. For purposes herein, "reserve accounts" shall mean moneys that the Association's Board has identified from its annual budget for use to defray the future repair or replacement of, or additions to, those major components which the Association is obligated to maintain. 11.05. Reserve Account Withdrawal Restrictions. The Board shall require that at least two (2) Si~amres be needed for the withdrawal of moneys from the Association's reserve accounts, who either shall be Members of the Board or one (1) Member of the Board and one (1) officer who is not a Member of the Board. 11.3 SECTION 12: INSURANCE, DESTRUCTION, CONDEMNATION -137- 12.01. Insurance. In addition to other insurance required to be maintained by the Project Documents, the Association, through its Board, shall obtain from generally accepted insurance carriers, and maintain in effect at all times, the following insurance at common expense: a) Liability Insurance. The Association shall obtain and maintain comprehensive public liability insurance insuring the Association and each Owner against any liability incident to the ownership, use or maintenance of the Common Area, any Association maintenance responsibilities on the Lots, and other maintenance obligations of the Association, including, if obtainable, a cross-liability or severability of interest endorsement insuring each insured against liability to.each other insured. The limits of such insurance shall not be less than $2,000,000 covehng all claims for death, personal injury and Property damage arising out of a single occurrence. Such insurance may include protection against water damage liability, liability for non-owned and hired automobiles, liability for Property of others, and such other risks as are customarily covered with respect to projects similar in construction, location and use. Such policy may provide for a reasonable deductible. b) Fire, Casualty and Extended Coverage Insurance. The Association shall also obtain and maintain a policy of fire, casualty and extended coverage insurance for the full insurable replacement value (without deduction for depreciation) of all of the. Common Area Improvements within the Project. Such policy may provide for a reasonable deductible. The form, content, term of policy, its endorsements and the issuing company shall meet the reasonable standards of all First Mortgagees and shall be consistent with good sound insurance coverage for properties similar in construction, location and use. The policy shall name as insured the Association for the benefit of the Owners and Declarant, as long as Declarant is the Owner of any Lot, and all Mortgagees as their respective interests shall appear, and may contain a loss payable endorsement in favor of any trustee descn~bed below. c) Trustee. All fire, casualty and extended coverage insurance proceeds payable under Section 12.01(b) above for losses to real Property and improvements may be paid to a trustee, to be held and expended for the benefit of the Owners, Mortgagees, and others, as their respective interests shall appear. Said trustee shall be a commercial bank, savings and loan or trust company in the county in which the Project is located that agrees in writing to accept such trust. d) Oth- c~-Insumnc-e-.--The-B oard-shatt-purchase- and-maintain --worker~'s-compensation insurance, to the extent that it is required by law, for all employees or uninsured contractors of the Association. The Board also shall purchase and maintain fidelity bonds or insurance (which shall be in an mount not less than 150% of each year's estimated annual operating expenses and reserves and shall contain an endorsement of coverage of any person who may serve without compensation) sufficient to meet the requirements of any First Mortgagee. The Board shall also purchase and maintain insurance on personal Property owned by the Association, and any other insurance that it deems necessary, that is required by any First Mortgagee or that is customarily obtained for projects similar in construction, location and use. e) Adjustment of Losses. The Board is appointed attorney-in-fact by each Owner to negotiate and agree on the value and extent of any loss under any policy carried pursuant to Sections 12.01(a), (b) and (e). With respect to these sections, the Board is granted full fight and authority to compromise and settle any claim or enforce any clam by legal action or otherwise and to execute releases in favor of any insurer. 12.1 f) Officer and Director Insurance. The Association may purchase and maintain insurance on behalf of any Director, Officer, or Member of a committee of the Association (collectively -138- the "agents") against any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not the Association would have the power to indemnify the agent against such liability under applicable law. g) Waiver of Subrogation. All insurance carried by the Association, or the Owners, shall contain provisions whereby the insurer waives rights of subrogation as to the Association, D/rectors, Officers, Declarant, Owners, occupants of Lots, their family, guests, agents and employees. 'h) .Notice of Cancellation. All insurance carried by the Association shall require the insurer to notify any First Mortgagee and Declarant requesting such notice at least 15 days prior to the effective date of any reduction or cancellation of the potty. i) Annual Review of Policies. All insurance policies shall be reviewed at least annually by the Board in order to ascertain whether the coverage contained in the pohcies is adequate. :j) Payment of Premium~. Premiums on insurance maintained by the Association shall be a common expense funded by Assessments levied by the Association. 12.02. hdividual F/re Insurance. Each Owner shall obtain and maintain, at his&er expense, fire and casualty coverage as may be required by the Owner's lmdividual Mortgagee, or if no Mortgagee encumbers a Lot, fire and casualty coverage as may be determined by the Board, with · respect to damage or destruction to improvements on Owner's Lot. All such individually carried insurance shall also contain a waiver of subrogation fights by the carrier as to other Owners, the Association, Declarant and First Mortgagee of such Lot. 12.03. Destruction. a) Minor Destruction Affecting Common Area. Notwithstanding Section 12.03C0), the Board shall have the duty to repair and reconstruct the Common Area without the consent of Members and irrespective of the amount of available insurance proceeds, or other funds, in all instances of partial destruction where the estimated cost of repair and reconstruction does not exceed 5% of the budgeted gross expenses of the Association for that fiscal year. The Board may levy a Special Assessment for the eost-of-suoh-repair-and-ree onstm- etlon-to -the-extent-insuranee-proeeeds-or-other --funds are-umvaihb b) Maior Destruction Affecting Common Area. i) Destruction; Proceeds Exceed 85% of Reconstruction Costs. If there is a total or partial destruction of the Common Area, and if the available proceeds of the instnance carried pursuant to Section 12.01 or other available funds are sufficient to cover not less than 85% of the costs of repair and reconstruction, the Common Area shall be promptly rebuilt unless, within 90 days from the date of destruction, Members then holding at least 75% of the voting power of each class determine that repair and reconstruction shall not take place. ii) Destruction-, Proceeds Less than 85% of Reconstruction Costs. If the proceeds of insurance carded pursuant to Section 12.01 or other available funds are less than 85% of the costs of repair and reconstruction, repair and reconstruction shall not take place unless, within 90 days 12.2 -139- from the date of destruction, Members then holding at least a majority of the voting power of Members of each class determine that repair and reconstruction shall take place. If repair and reconstruction is to take place, the Board shall execute, acknowledge and record in the office of the County Recorder not later than 120 days from the date of destruction a certificate declaring the intention of the Members to rebuild. iii) Special Assessment to Rebuild. If the determination is made to rebuild pursuant to the above Sections, the Association may levy a Special Assessment against all Lot Owners to cover the cost of rebuilding not covered by insurance proceeds or other funds. iv) Rebuilding Contract. If the deternfinationis made to rebuild, the Board shall obtain bids from at least three reputable contractors, and shall award the repair and .reconstruction work to the least expensive bidder. The Board shall have the authority to enter into a written contract with the contractor for the repair and reconstruction, and the insurance proceeds shall be disbursed to said contractor according to the terms of the contract. It shall be the obligation of the Board to rake all steps necessary to assure the commencement and completion of authorized repair and reconstruction at the earliest possible date. 12.04. Condemnation. a) Condemnation Affecting Common Area. i) Sale in Lieu. If an action for condemnation of all or a portion of the Common Area is proposed or threatened by an entity having the right to eminent domain, then on the unanimous written consent of all of the Owners and subject to the rights of all Mortgagees, the Common Area, or a portion of it, may be sold by the Board. Subject to Corporations Code Section 8724, the -proceeds of the sale shall be distributed among the Lots on the same basis as their Regular Assessment obligations and between the Lot Owners and their Mortgagees as their respective .interests shall appear. ii) Award. If the Common Area, or a portion of it, is not sold, but.is instead taken, the judgment of condemnation shall by its terms apportion the award among the Owners and their reslS-~-tiYe---'l~lortgagees. I~'-[h~' judgment of condemnation does not apportion the award, then the award shall be distributed as provided above. b) Condemnation Affecting Lots. If an action for condemnation of all or a portion of, or otherwise affecting a Lot is proposed or threatened, the Owner and the Mortgagees of the affected Lot, as their respective interests shall appear, shall be entitled to the proceeds of any sale or award relating to the affected Lot. If any Lot is rendered irreparably uninhabitable as a result of such a taking, the Lot shall be deemed deleted from the Project and the Owners and Mortgagees of the affected Lot, upon receiving the award and any portion of the reserve funds of the Association reserved for the Lot, shall be released from the applicability of the Project Documents and deemed divested of any interest in the Common Area. 12.3 -140- SECTION 13: MORTGAGEE PROTECTIONS 13.01. Mortgages Permitted. Any Owner may encumber his/her Lot with Mortgages. 13.02 Priority of Mortgage. Notwithstanding any other provision of this Declaration, it is hereby provided that a breach of any of the conditions contained in the Project Documents by any Owner or of any re-entry by reason of such breach, shall not defeat or render invalid the lien of any mortgage or deed of umst made in good faith and for value as to said Lot or any part thereof. Any lien which the Association may have on any Lot in the Project for the payment of common expense assessments attributable to such Lot will be subordinate to the lien or equivalent security interest of any first mortgage on the Lot recorded prior to the date of recordation of a notice of delinquent assessment. 13.03. Payment of Taxes or Premiums by Mortgagees. Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Area, unless such taxes or charges are separately assessed against the Owners, in which case the rights of Mortgagees shall be governed by the provisions of their Mortgages. Mortgagees may, jointly or singly, also pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy for the Common Area and Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. Entitlement to such reimbursement shall be reflected in an agreement in favor of any Mortgagee which requests the same to be executed by the Association. · 13.04. Effect of Breach. No breach of any provision of this Declaration shall invalidate the lien of any Mortgage made in good faith and for value, but all of the covenants, conditions and restrictions shall be binding on any Owner whose title is derived through foreclosure sale, tmstee's sale, or otherwise. · 13.05. Mortgagee's Rights. A First Mortgagee's rights shall include, but not be limited to, the following: a) Attend Meetings. Any First Mortgagee, upon written request, shall receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings. b) Furnish-Information:---Any-Mortgagee-may furnish-informati-on-to~'the-Board- concerning the status of any Mortgage. c) Inspect Books and Records. The Association shall make available to Owners, prospective purchasers and First Mortgagees current copies of the Project Documents and the books, records and financial statements of the Association. "Available" means available for inspection, upon request, during normal business hours. In addition, if the project contains 50 or more Lots, the Association must provide an audited financial statement for the immediately preceding fiscal year if the First Mortgagee submits a written request for it. Said financial statement shall be furnished by the Association within a reasonable time follow/ng such request. I/the Project contains fewer thanS0 Lots and there is no audited fiuaucial statement available, any First Mortgagee should be allowed to have an audited finaucial statement prepared at its own expense. 13.1 -141- 13.06. No Restriction on Owner's Right to Ingress and Egress Except as allowed in Section 16.09, there shall be no restriction upon any Owner's fight to ingress and egress to his/her Lot, 13.07, Notices of Mortgagees. Upon written request to the Association, any First Mortgagee shall be entitled to timely written notice of the following: a) Any proposed amendment to the Project Documents effecting a change in: i) appurtenant thereto, if any; The boundaries of any Common Area Lot or the exclusive use rights ii) The interests in the general or exclusive use Common Areas, if any, appurtenant to any Lot or the hability for Common Expenses appurtenant thereto; iii) The number of votes in the Association appurtenant to any Lot; or, iv) -The purposes to which any Lot or the Common Area are restricted. b) Any proposed termination of the legal status of the Project as a planned c) Any condemnation or casualty loss which affects either a material portion of the Project or any Lot on which there is a First Mortgage held, insured or guaranteed by such requesting party. d) Any 60-day delinquency in the payment of Assessments or Individual Charges owed by an Owner subject to a First Mortgage held, insured or guaranteed by such requesting party. e) Any default in the performance by the affected Owner of any obligation under the Project Documents which is not cured within 60 days. f) Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by-the-Association. g) Any proposed action which requires the consent of a specified percentage of First Mortgagees as specified in Section 13.08. 13.8. FNMA, FI-ILMC, FHA, VA Mortgages a) Conditions When This Section Applicable. The provisions of this Section 13.08 shall apply if any of the following conditions ex/st pertaining to First Mortgages on any of the Lots: i) Any First Mortgage is sold or transferred to FNMA; i/) Any First Mortgage is sold or transferred to FHLMC; or, iii) Any First Mortgage is FItA insured or a Veterans Affairs ("VA") mortgage. 13.2 -142- b) Approval of Material Am~mdments. The approval of 67 % of the total voting power of the Association and 51% or more of the Eligible First Mortgagees (based upon one vote for each first mortgage owned) must obtained for amendments of a material nature to the Project Documents. A change to any of the following would be considered as material: i) Voting rights; ii) Assessments, assessment liens, or subordination of assessment liens; iii) Reserves for maintenance, repair and replacement of Common Areas or any other portions of the Project which the Association has a duty to maintain, repair and replace. iv) Responsibility for maintenance and repairs; v) Reallocation of interests in the general or exclusive use Corm-non Areas, ff any, or fights to their vi) Boundaries of any Cormnon Area Lot; vii) Convertibility of Lots into Common Areas or vice-versa; viii) Expansion or contraction of the Project or. the addition, annexation or withdrawal of Property to or from the Project; ix) Insurance or fidelity bonds; x) Leasing of lots; . xi) Imposition of any fight of first refusal, or similar restriction on a Lot Owner's fight to sell, transfer or convey h/s/her Lot; xii) A decision by the Owner's Association to establish selfmauagement when professional management has been required previously by a First Mortgagee; xiii) Kestoration or repair of the Project (after a hazard damage or partial condemnation) in a manner other than that specified in the Project Documents; xiv) Any action to terminate the legal status of the Project after substantial destruction or condemnation occurs; or, xv) Any provisions that expressly benefit First Mortgagees, insurers or guarantors. An addition or amendment to the Project Documents shall not be considered material:if it is for the purpose of correcting techuical errors, or for clarification only. If an addition or amendment is not considered as a material change, approval will be4mpl-ied-when-a--F-'.~st-Mo~tgagee~fails-to submit-a-response-to--anywritten-proposal-for-an-amendment within 30 days after the proposal is submitted. c) 'Termination of Legal Status. Except as provided above, any election to terminate the legal status of the Project as a planned development must be approved by at least 67% of the voting power of the Association and 67% of the Eligible First Mortgagees based upon one vote for each First Mortgage owned. d) Reallocation of Interests in the Common Area.. No reallocation of interests in the Common Area resulting from a partial condemnation or partial destruction of the Project shall be effected without the approval of 51% of the Eligible First Mortgagees based upon one vote for each First Mortgage owned. e) Restriction on Certain Chauges. Unless at least 66-2/3 % of the First Mortgagees (based on one vote for each First Mortgage owned) or 66-2/3 % of the Owners other than Declarant have given their prior written approval, the Association shall not: 13.3 -143- i) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area (the granting of easements for public utilities or for other public purposes consistent with the intended use of such Common Area by the Association shall not be deemed a transfer within the meaning of this clause); or, ii) Change the method of determining the Assessments, or other charges which may be levied against a Lot Owner; or, iii) By act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Lots, the exterior maintenance of Lots, the maintenance of any Conm~on Area party walls or common fences and driveways, or the upkeep of lawns and plantings in the Project; or, iv) Fail to maintain fire and extended coverage on insurable Common Area and other portions of the Project which the Association has a duty to insure on a current replacement cost basis in an mount not less than 100% of the insurable value (based on cmrent replacement cost); or, improvements /mprovements. Use hazard insurance proceeds for losses to any Common Area or other Project for other than the repair, replacement or reconstruction of such Common Area or f) No Right of First Refusal. The right of an Owner to sell, transfer or otherwise convey his/her Lot shall not be subject to any "right of first refusal" or similar restriction. g) Foreclosure Eliminates Unpaid Assessments. Each holder of a first mortgage lien on a Lot who comes into possession of the Lot by virtue of foreclosure of the mortgage or any purchaser at a foreclosure sale, will take the Lot free of any claim~ for unpaid Assessments and charges against the Lot which accrue prior to the time such holder comes into possession of the Lot, except for elaim~ for a pro rata share of such Assessments or charges resulting from a pro rata reallocation of such Assessments or charges of all Project Lots, including the mortgaged Lot. t0---/Vfor tga-ge-Prioritw in-C as e-of-Distribution~o-provis~o-n-in-an3rprmj-ect -Do-em~amt-will- entire a Lot Owner or other party to priority over any rights of the First Mortgagee on the Lot pursuant to its Mortgage in the case of a dislribution to such Lot Owner of insurance proceeds or condemnation awards for losses to or a taking of the Lot and/or Common Area. i) Leasing Restrictions. No Owner may lease less than the entire Lot. Any lease or rental agreement must be in writing and be subject to the provisions of the Project Documents. No Lot may be leased or rented for less than 30 days. j) Taxes Relate Only to Individual Lots. All taxes, assessments and charges which may become liens prior to the first mortgage under local law shall relate only to the individual Lots and not to the Project as a whole. 13.09. FHA/VA Approval. During any period of time that a mortgage on any portion of the Project is held, insured or guaranteed by FHA or VA, and as long as there is a Class B Membership, the following actions shall require the prior approval of FHA or VA: amendment of the Project Documents, annexation of additional Property, dedication or mortgaging of the Common Area, merger or consolidation of the Association with another corporation. 13.4 - 144- 13.10. Additional FHA Provisions. If loans secured by mortgages encumbering Lots within die development ' qualify for mortgage insurance by FHA, the following shall apply: All Owners, tenants and occupants of Lots in the development covenant and agree that the administration of the development shall be in accordance with the terms and provisions of the Regulatory Agreement (FHA Form No. 3278) executed by FHA and the Association and that such terms and provisions of said Regulatory Agreement shall be fully comphed with. To the extent any matters in this Declaration or in the Articles or the Bylaws are in any way inconsistent with any matters in said Regulatory Agreement if in effect, then any such inconsistent matters in said Regulatory Agreement shall prevail. The right to lease Lots in the development shall be subject to all terms and provisions of said Regulatory Agreement. In the event of any conflict between any of the provisions of this Section and any other provisions of this Declaration, the provisions of this Section shall control. Any provision of this Declaration which confers a power or right upon the FHA or the Federal Housing Commissioner and all of the provisions of the Regulatory Agreement shall be inapplicable whenever there are n___o Lots where FHA insures the mortgage held by any First Mortgagee. Whenever a notice is required to be sent to a Mortgagee holding an FHA insured mortgage or the approval of FHA is required, the notice or the request for approval shall be sent to the supervisor of the FHA office in which the Project is located. If FHA does not respond within 20 days after the notice is mailed or delivered, then FHA shall be deemed to have approved the request. · 13.11: Compliance with FHA/VA, FHLMC or FNMA Requirements. Declarant intends that the Project .shall comply with all of the requirements of the Federal Housing Administration (" FHA "), the Veterans Affairs (" VA "), the Federal Home Loan Mortgage Corporation (" FHLMC ") and the Federal National Mortgage Association ("FNMA"). All casualty and habflity insurance covering any portion of the Project encumbered by a Mortgage insured by FHA, gumauteed by VA, or held by FHLMC or FNMA, shall therefore conform to the applicable FHA/VA, FHLMC or FNMA requirements. Declarant and all Lot Owners also agree that in the event the Project or the Project Documents do not comp_l.7 with the applicable FHA/VA, FHLMC or FNMA requirements, the Board and each Owner shall take any action or adopt any resolutions required by Declarant or any First Mortgagee to conform such Project Documents, or the Project, to the FHA/VA, FI-ILMC or FNMA requirements, subject to the review and approval of the California Department of Real Estate, in accordance with applicable law, so long as the Department of Real Estate retains jurisdiction. 13.12. 'Waivers. A Mortgagee may waive any requirement contained in this Declaration as they pertain to such Mortgagee, provided such waiver shall be in writing. 13.13. Conflicts. In the event of a conflict between any of the provisions of this Section 13 and any other provisions of this Declaration, the provisions of this Section 13 shall control. 13.5 SECTION 14: ENFORCEMENT OF BONDED OBLIGATIONS -145- If any Common Area improvements in the Project have not been completed prior to the issuance of the Final Public Report and the Association is obligee under a bond or other arrangement ("Bond") to secure performance of the commitment of Declarant to complete such improvements, the Board shall consider and vote on the. question of action by the Association to enforce the obligations under the Bond with respect to any improvement for which a Notice of Completion has not been filed withi,~ 60 days after the completion date specified for that improvement in the Planned Construction Statement appended to the Bond. If the Association has given an extension in writing for the completion of any Common Area improvement, the Board shall consider and vote on the aforesaid question if a Notice of Completion has not been filed withi~ 30 days after the expiration of the extension. A special meeting of Members for the purpose of voting to override a decision by the Board not to initiate action to enforce the obligations under the Bond or on the failure of the Board to consider and vote on the question, shall be held not less than 35 days nor more than 45 days.after receipt by the Board of a petition for such meeting signed by Members representing 5% or more of the total voting power of the Association. At such special meeting, a vote of a majority of the voting power of the Association residing in Members other than Declarant to take action to enforce the obligations under the Bond shall be deemed to be the decision of the Association and the Board shall thereafter implement this decision by initiating and pursuing appropriate action in the name of the Association. 14.1 SECTION 15: A/V[ENDME1NTS -146- · 15.01. Prior to First Conveyance. Prior to close of escrow on the conveyance of the first Lot, Declarant may amend or revoke this Declaration subject to the requ/rcments of Business and Professions Code Sections 11012 and 11018.7. 15.02. After First Conveyance. After conveyance of the first Lot, this Declaration may be amended or revoked only by the affirmative vote (in person or by proxy) or written consent of Members representing a majority of the voting power of each class of Members of the Association. If only one class of membership exists at the time an amendment is proposed, then it must be approved by at least a bare majority of the total voting power of the Association, which shall include at least a bare majority of the votes of Members other than Declarant. The percentage of the voting power necessary to amend a specific clause or provision of this Declaration shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause or provision. 15.03. Recordation. Any amendment must be recorded and shall become effective only upon being recorded in the County Recorder's Office. 15.04. Unanimous (Consent for Specific Amendments. The consent of all Owners shall be required for any amendment of Project Documents effecting a change in: a) the boundaries of any Common Area Lot; b) the undivided interest in the common elements pertaining to the Lot or the liability 'for Common Expenses apperta/ning thereto; c) the number of votes in the Owners Association appertaining to the Lot; or, d) the fundamental purposes to which any Lot or the common elements are 15.05. FHA Requirements. Notwithstanding any provision of this Section to the contrary, all requirements of Section 13 entitled "FHA/VA Approval't must be met in order to effectuate any amendment or revocation pursuant to this Section, '15.1 16.01. SECTION 16: GENERAL PROVISIONS Term. The covenants and restrictions of this Declaration shall run with and bind the -147- Property, and shall inure to the benefit of and be binding on the Association and the Owners of any Lots, their legal representatives, heirs, grantees, tenants, successors and assigns, subject to this Declaration, for a term of 30 years from the date this Declaration is recorded. Thereafter, subject to the Section entitled "Amendments", they shall be automatically extended for successive periods of 10 years. 16.02. Owner's Compliance. Each Owner, tenant or occupant of a Lot shall comply with the provisions of this Declaration, and (to the extent they are not in conflict with the Declaration), the Project Documents and the decisions and resolutions of the Association or the Board, as lawfully amended from time to time. Failure to comply with any such provisions, decisions, or resolutions, shall 'be grounds for an action to recover sums due, for damages, for injunctive relief, or to enforce such provisions, decisions or resolutions. All agreements and determinations lawfully made by the Association in accordance with the voting percentages established in the Project Documents shall be deemed to be binding on ail Owners of Lots, their successors and assigns. 16.03. Notices. Any notice permitted or required by the Project Documents may be delivered either personally or by mail. If delivery is by mail, it shall be deemed to have been delivered 72 hours after a copy of the same has been deposited in the United States mail, first class or registered, postage prepaid, addressed to the person to be notified at the current address given by such person to the Secretary of the Board or addressed to the Lot of such person if no address has been given to the Secretary. 16.04. Notice of Transfer. No later than 15 days after the sale or transfer of any Lot under circum~qtances whereby the transferee becomes the Owner thereof, the transferee shall notify the Association m writing of such saie or transfer. Such notice shall set forth: a) the Lot involved; b) the name and address of the transferee and transferor; and, c) the date of saie. Unless and unill such notice is given, the Association shall not be required to reco~iTe the u'ansferee for any purpose, and any action taken by the uansferor as an Owner may be recoil?ed by the Association. Prior to receipt of any such notification by the Association, any and all communications required or permitted to be given by the Association shall be deemed duly given and made to the transferee if duly and timely made and given to said transferor. -16.05. Delivery of Proiect Documents to Transferee. Prior to the uansfer of title to a Lot, the transferor shall provide to the prospective transferee a copy of the Project Documents and such other documents and information as are required by Caiifornia Civil Code Section 1368. 16.06. Easements Reserved and Granted. Any easements appurtenant to a Lot referred to in this Declaration shall be deemed reserved and/or granted by reference to this Declaration m a deed to said Lot. 16.1 16.07. Termination of am/Responsibilities of Declarant If Declarant shall convey all of its fight, title and interest in and to the Project to any parmership, individual or corporation, then and in such event, Declarant shall be relieved of the performance of any further duty or obligation hereunder, and -148- such parmership, individual or corporation shall be obligated to perform all such duties and obligations of the Declarant. 16.08. Mergers and Consolidations. To the extent permitted by law, the Association may participate in mergers and consolidations with other non-profit organizations organized for the same purposes as this Association, provided that any such merger or consolidation shall have the written consent of all of the Members or the assent by vote of two-thirds of the Members voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be given to all Members at least thirty days in advance, and must comply with the annexation provisions of Section 3.04, incorporated herein by reference. 16.09. Limitation of Restriction on Declarant. Nothing in this Declaration shall be understood or construed to: a) Prevent Declarant, its contractors, or subcontractors fi:om doing on the Project or any Lot, whatever is reasonably necessary or advisable in connection with the completion of said work; or, b) Prevent Declarant or its representatives fi:om erecting, constructing and maintaining on any part or parts of the Project, such structures as may be reasonable and necessary for the conduct of its business of completing said work and establishing said Project as a residential community and disposing of the same in parcels by sale, lease, or otherwise; or, c) Prevent Declarant fi:om conducting on any part of the Project its business of completing said work and of establishing a plan of ownership and of disposing of said Project in Lots by sale, lease or otherwise; or, d) Prevent Declarant fi:om maintaining such sign or signs on any of the Project as may be necessary for the sale, lease or disposition thereof, provided, however, that the ma/ntenance of any such sign shall not unreasonably interfere with the uso by any Owner of his/her Lot or the Common Area. The-foregoing lim/tations--of-the~apptication-of-the-restrictions~to-Deetarant~halt- terminate upon the sale of Declarant's entire interest in the Project, or three years after the close of the first escrow, whichever occurs earlier. Any action taken by Declarant pursuant to any provision of this Section will not -unreasonably interfere with the Owners' rights and use of the Project. 16.10. Successor. The rights of Declarant in this Declaration may be assigned by Declarant to any successor to all or any part of Declarant's interest in the Project, as developer, by an express assignment incorporated m a recorded deed that transfers any such interest to a successor or to a 'Mortgagee acquiring Declaranfs interest in the Project by foreclosure or by deed in lieu of foreclosure. 16.11. Severability. Should any provision or portion hereof be declared invalid or in conflict with any law of the jurisdiction where this Project is located, the validity of all other provisions and portions hereof shall remain unaffected and in full force and effect. 16.2 16.12. Estoppel Certificates. Within ten (10) days of the mailing or delivery of a written request by any Owner, the Board shall provide the Owner with a written statement containing the following -149- infornmtion: a) whether to the knowledge of the Association, the Owner or the Owner's Lot is in violation of any of the provisions of this Declaration, the Articles, Bylaws, or Association R/des; b) the amount of regular and special assessments, including installment payments, paid by the Owner during the fiscal year the request is received; and, c) the amount of any assessments levied against the Owner's Lot that are unpaid as of the date of the statement, including any late charges, interest, or cost of collection that as of the date of the statement are or may be made a lien against the Owner's Lot as provided by this Declaration, the Articles, Bylaws, or Association Rules. 16.13. Conflict with Project Documents. If there is a conflict among or between the Project Documents, the provisions of this Declaration shall prevail; thereafter, priority shall be given to Project Documents ha the following order: Articles, Bylaws, and Rules and Regulations of the Association. 16.14. Headings. The headings used in this Declaration are for convenience only and arc not to be used to interpret the meaning of any of the provisions of this Declaration. 16.3 IN WITNESS Wi~.~OF, Declarant has executed this De'clamtion. -150- DATED: ,2002. HILLSIDE LAND LLC By: 'JOHN R. HANSEN, MANAGING MEMBER 16.4 EXI:flRIT "A" -151- DESCRIPTION OF PROPERTY SUBJECT TO DECLARATION All that certain real Property situated in the City of South San Francisco, County of San Mateo, State of California, described as follows: CONSENT OF LIENHOLDER AND SUBORDINATION OF LI~N -152- The undersigned beneficiary under that certain Deed of Trust recorded as Document No. as Document No. , of the Official Records of San Mateo County, California, consents to all of the provisions contained in the attached Declaration and a~rees that the lien of the deed of trust shall be junior and subordinate and subject to said Declaration. Dated ,2002. Lienholder By: Title: STATE 'OF CALIFORNIA ) ) SS. COUNTY OF SAN MATEO ) On ,2001, before me, the undersigned, A Notary Public in and for said State, personally appeared , personally known to me-(or preved-to-me-on-the-basis-o f-satisfactory-evidence)-to-be-the person-who-executed-this instrument as President, and personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this insU'ument as secretary of the Corporation that executed the within /ustmment and acknowledged to me that such corporation executed the within instrument pursuant · to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. NOTAKY PUBLIC -153- MITIGATION MEASURES FOR POTENTIALLY SIGNIFICANT IMPACTS STONEGATE ESTATES 16 HOMES HILLSIDE AT STONEGATE A) Prior to obtaining any permit owner will submit a construction plan to control dust during construction, pursuant to the BAY AREA AIR QUALITY MANAGEMENT DISTRICT recommended measures. Control measures will include the following: 1) DURING SITE EXCAVATION During site excavation owner will use water tocontroi-dustgenerated-during demolition of structures and break up of pavement Owner will cover all tracks hauling soil ~om the site and use dust proof chutes to load debris into tracks (whenever feasible). 2) DURING CONSTRUCTION ................. During ~:onstmction-o-wner -will~ater-all active-construction -areas-twicexiaily ...................... Owner will water or cover all stockpiles of debris, soil, Sand or other materials that can be blown by the w/nd. Owner will cover all tracks hauling soil, sand and other materials or require tracks to maintain at least two feet of ~eeboard. All paved access roads, parking areas and staging areas at the site Mil.be swept daily and sweep streets daily if visible soil or material is carded onto adjacent public streets. B) · Prior to the issuance of any permit owner will submit a STORM WATER POLLUTION PREVENTION PLAN and an EROSION CONTROL PLAN to the city engineer. The plan will include BEST MANAGEMENT PRACTICES IN accordance with the regulations outlined in the ASSOCIATION OF BAY AREA GOVERNMENTS EROSION AND -155- c) D) F) SEDIMENT CONTROL HANDBOOK. The plan will include storm water pollution control devices and filters and be reviewed by the city engineer. Owner will provide an evaluation report by a qualified acoustic engineer of the construction plans in order to identify methods to achieve an interior acoustic level of 45 dB CNEL and comply with the pohcies contained in the City's Noise Element of the General Plan. The chief planner will approve the proposed consultant. Prior to the final inspection the consultant shall take acoustic measurements in the dwelling and submit a report to the chief planner. The owner will provide the city with a construction plan to be approved by the city's chief engineer that includes measures to reduce construction noise. The owner will provide a construction plan for a new power transmission line to replace the existing line. The final landscape plans shall incorporate the recommendations of the Traffic Line of Sight Study prepared by Charles W. Davidson Company dated October 30, 2002. Owner will incorporated a provision in the CC & R's requiring that the Homeowner's Association has limited planting in the affected area to ground cover for the life of the project. In addition, owner will post No Parking signs along Ridgeview Drive in the vicinity of the project entry near I-lillsdale. Dated: May18,2004 John R. Hansen Managing Member Hillside Land LLC -156- TABI] ' OF CONTENTS .Page MITIGATED NEGATIVE DECktR_iTION $ -63PLICATION 5 APPL~C3~rr 5 P]{O3ECT O]~3EcnvE 5 LOCATION 5 PROJ-ECT DESCRIFIION 5 POTENTIALLY SIGNIFICANT IMPACTS REQLrI]IING IM_rPIGATION MITIGATION l~s FOR POTEN/TM. LY SIGNIFICANT IMPACTS EArvI~O~.AL FACTORS POTEN2/AIJ.,Y.AFFE~ 7 CHIEF PI22qNm~'S DETERMINATION 8 PuB.uc REVm'W 9 I.,EiD AGENCY 9 DETERMINATION 10 INITIAL STUDY 11 GENEK~ INFORMATION 11 P~.QIEcr Srrs DESCKnrnON 11 Cir~latio~_Chara~M.m'cx. .............. l_t Zoning 11 · it~ 0~ 11 ~QIZ~ CO~ ~ DZS~ON 1 ~ ~ffuind Dfl~o~ ~pmvak 12 ~T~ STaY CHEC~IST ~ Aes~z6cs ......................................................................................................................................................................................................... 1 ~ A~e ~eso~ces ................................................................................................................................................................................... 15 ~ Q~U ....................................................................................................................................................................................................... 16 BloloD~ ~so~ces .......................................................... : ................................................................................................... C~ 5~so~ces ......................................................................................................................................................................................... 24 Geolo~ ~d So~s ........................................................................................................................................................................................... 26 ~ds ~d ~dous Mzt~ls ................................................................................................................................................... 30 Hy~olo~ ~d Wzt~ Q~V ...................................................................................................................................................................... 32 L~d Use md Ph~g .. ~ ~zso~ces .......................................................................................................................................................................................... 58 No~ ................................................................................................................................................................................................................. Pop~o~ ~d Hou~g ............................................................................................................................................................................... 42 PubSc S~c~s Tm~6on/T~MRc ....................................................... ~ ......................................................................................................................... 45 U~6es ~d S~ice S~s ........................................................................................................................................................................ 49 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION - 1 5 9 - .HILLSIDE TOWNHOMES PAGE i INITIAL STUDY / MITIGATED NEGATIVE DECLARATION - 1.. 6 0 - HILLSIDE TOWNHOMES PAGE ii T2u3n~, OFCON'mN'rS (continued) .~age LIST OF FIGURES PRO.]'ECT LOCATION ......................... ' ............................................................. ,:, ....... ; ............................................................... ". 10 P~QmCT Srm PX2.N ............................................................................................................... i ............ ~ ........... i .......... ,,..,: ........... ' ~2 TABLES 2KIR QUALITY DATA SI.rMMARY FOR SAN FRANCISCO AND REDWOOD CITY, 1998 - 2000 ......................................... 31 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION HILLSIDE TOWNHOMES PAGE iii -161- MITIGATED NEGATIVE DEcI.A._RATION APPLICATION This Mitigated Negative Declaration (Application Number: MINrD 01-012) is for the proposed I~ill.~ide Townhomes development APPLICANT The Project Applicant is John Hansen. PROJECT OBJECTIVE The Proiect obiective is to merge two lots into one lot, and construct 6 detached single .f~mi]y dwellings and 10 attached toxrnhomes at the southemsterly comer of I-lil]~ide Boulevard.and LOCATION The Proiect site is located in the nord~easterl¥ portion of South San Francisco, at the southezster/y comer of I-lill~de Boulevard and 1Ridgeview Drive. PROJECT DESCRIPTION The Proiect involves merging two lots and a resubclivision into 16 lots, grading the site md constructing construct 6 detached single family dwellings and 5 two unit attached townhome buildings. The dw~_lli~gs will be provided with sm~ll private yards md garage p~rld~g. Access to the ..... -individual units-witlbeprovideda-.new-private-thru-roadintemal~-to-the site:The proiect indcides provirting the equivalent of 3.2 affordable dwellings [20% of the 16 dwelling] at an off-site location as required by South Frmcisco M,m~cipal Code 20.125. The applicant has tentatively agreed to rehabilitate off-site housing at Willow Gardens. POTENTIA 1J.y SIGNIFICANT IMPACTS REQUIRING MITIC~TION The following is a snmm~ry of potential Project impacts. Refer to the Initial Study Checklist and/or Appendix A of this doca~ment for a more detailed discussion of these impacts. The proposed Project would require grading, a comtmcfion activity with a high potential for creating air pollutants via dust emi.qsions. 2. The proposed development could cause impacts to water quality during wet weather. The site is exposed to traffic gemerated acoustic levels in excess of 65 decibels representing a s/gnificant adverse noise impact to future residents. INITIAL STUDY,/,MITIGATED NEGATIVE DECLARATION HILLSIDE TOWNHOMES - PAGE 5 -162- Project construction would result in temporary short-term noise increases due to the operation of heavy equipment. _& power pole and transmission line crosses the easterly portion of. the site serv/ng the Rllr~ Lodge. City policy does not allow above ground power poles and tra~smission lines to be located in: new residential developments. . The Project,entry on Ridgeview Drive has a limited line of sight for motorists due to the steep street slope and curvqlinear street design representing a poterttial safety hazard.to motorists, cyclists and pedestrians. MITIGATION MEaSUKES FOR POTENTIALLY SIGNIFICANT IMPACTS The following is a summary of mitigation measures for potenri,lly significant Proiect impacts. Refer to the Initial Study Checklist of thl.q docummt for amore detailed discussion of these mitigation me.~sures. , · 1. Prior to the issuance of a'nY'permit the .applicant submit a construction plan including measures to control fugitive dust utilizing measures approved by the Bay Area Air Quality Management District CBA_A_Q1ViD). The plan shall be subiecr to the review and approval by the City's Chief Pla~er. The'following measures are recommended for inclusion in consrmcfiort contracts rd control fugitive dust emissions: During Site Excavation Watering should be used to control dust.generation å demolition of structures and break-up of pavement Cover all trucks hauling soil from the site. Use dust-proof chutes to load debris into trucks whenever feasible. During, Construction Water 'all active construction areas at least twice daily. Water or cover stockpiles of debris, soil, sand or other materi,l.q that can be blown by the wind. Cover all trucks hauling soil, sand, and other loose materiala or require all mc, ks to maintain at least two feet of freeboard. Sweep daily (preferably with water sweepers) all paved access road, parkqng areas and staging areas at construction sites. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION HILLSIDE TOWNHOMES * PAGE 6 -163- Sweep streets a,ily (preferably with water sweepers) if visible soil mater/~l is carried onto adiacent public streets. ' Prior to the issuance of any p,rmi% the applicant shall submit a Storm Water Pollution Prevention Plan (SWPPP) and an Erosion Control Plan to the City Engineer. The SWPPP shall include Best Management Practices in accordance with the regulations outlined in the Association of Bay Area Governments Erosion and Serliment Control HandbOok The plan shall also include storm water pollution corttrol devices and filters to be installed to prevent pollutants from entering the City's storm drain sYStem and San FranCisco BaY. The Plan shall be subiect to review and approval of the City Engineer and'the :City's St°rm Water ' Coorrtin~tor. Prior.to the issn,nce of a :Bui]rting Permit the'applicant shall have a. qnhli~ied acOUstic engineer review the construction pkrts and identifiedmethods .to ,achieve an interior acoustic level of 45 dB.CNlU, lJ and comply ruth the poliCies contained in the City's Noise Element of the General Plan. The proposed consultant shall be subiect to the review and approved by the City's Chie£ P!~,mer. Prior to the Final Inspection, the applicant's consultant sh~ll take interior.acoustic measurements in the.dwel!in~ and ,submit a report to the City's Chief prior to issuance~of any p~rmit the applicant shall prOvide the City with a cOnstruction plan that includes measures to reduce construction noise. The plan shall be'subject to the review and approval of the City's Chief Plarmer. 5. prior to issuance of any permit the applicant sh,ll provide the City with a construction plan for a new power transmi.qsi°n line to replaCe the existingline that traverSes the Site, 'The plan shall be_subiect_to_the_re.~e_w_._and app oval. of_the__City_'s_Chie£Engmeer. The fin~] landscape plans sb~ll incorporate the recommendations of the Traffic T,ine of Sight Study prepared by Ch~*les W. Davids~on Company, dated October 30, 2002, and.provide only ground cover in the area from the Proiect's Stonegate Drive/Ridgeview Drive entry along Ridgeview Drive for a distance of approximately 150 lineal feet The plans shall be .subject to the review and approval of the City's City Engineer. Prior to the final inspection the applicant sh,ll incorporate a provision in the Covenants Conditions and Restrictions requiring that the Homeowner's Association I/miring pla~dng in the affected area to ground cover for the life of the'proiect and that any change in landscaping Will require apprOVal by the City's City Engineer and the Chie£Planner. The applicant sh~ll be required to post signs prohibiting paring along Ridgeview Drive in the vicinity of the pr°iecr entry near l-lill.qide Boulevard as determined by the City Engineer. ' ENVIRONMENTAL I~ACTORS POTENTIALLY AFFECTED Environmental factors, which may be affected by a project, as deemed by the Environmental Qml~ty Act (CEQA) are listed alphabetically below. Factors m~rlred with .a filled in INITIAL STUDY / MITIGATED NEGATIVE DECLARATION HILLSIDE TOWNHOME8 · PAGE 7 -164- block (v) were determined to be potentially affected by the Project, involving at least one impact that has been identified as a"Poteatdally$~cantlmloa¢£,' ' '' as indicated in the Initial Study Checkli.qt and related discussion that follows. Factors which are nnrn,tked ([2) were determined to not be significantly affected by the Project, based on discussion also provided in the Checklist. [] Aesthetics [] Hazards and Hazardous Materials [] Population and Housing [] Agriculture Resources = Air Quality [] Biological Resources [] Cultural Resources [] Geology and Soils · Hydrology and Water'Quality [] Land Use and Planning [] Mineral Resources · Noise [] Public Services [] Recreation :· Transportation and Circulation · .Utilities and Services CHIEF PLANNER'S DETERMINATION After due consideration, the Chief Planner' of the City of South San Francisco has found'that with the implementation of mitigation measures identified in this Mitigated Negative Declaratiorg the proposed Project will not have a signifc, ant effect on the environment. Therefore, the Project will not require the preparation of an' Environmental Impact Report, and the requirements of the Calfforni~ Environmental Quality Act .(CEQA) will be met by the preparation o£*hi.~ Mitigated Negative Declaration. This decision is supported by the £ollowing findings: a. The Project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife spemes, cause a fish or wildlife population to drop below self-susufining levels, threaten to elimin,te a plant or animal commnnity. It does not reduce the number or restrict the range o£ a rare or endangered plant or animal. It does not eliminate important examples of the m-jot periods Of California history or pre- history because: there is no identified area ar the PrOiect Site which is habitat for raze or endangered species, or which represents unique e~ramples o£ California history or prehistory. In addition, the Project is x~fi,hi, the scope of use contemplated in the General Plan; and the .......... P-i~6je-Ct db~i ~0£ hace-ans/s~n~i3-cint~ -ima~)i~l~bl~e' ~dv~se -imp~-~t~ i'- l~i~iem~n~a-fit~n- ;~ ............................. specified mifiga~on measures will avoid or reduce the effects of the Project on the environment and thereby avoid any signifcant impacts. The Project does not have the potential to achieve short-tenn environmental goals to the disadvantage of long-term environmental goals. The Project does not involve impacts that are individually limited, but cumulatively considerable, because the described Project will incorporate both Project-specific mitigation measures and cumulative mitigation measures to avoid significant impacts of the Project in the context of continued growth and development in the City of South San Francisco. do The Project does not have environmental effects that will cause substantial adverse effects oi1 human beings, either directly or indirectly, because the proposed development will enhance the built environment, and all adverse effects of the Project will be mitigated to an insignificant level. INITIAL. STUDY / MITIGATED NEGATIVE DECLARATION -165- HILLSIDE TOWNHOMES · PAGE 8 additional habitat area, and all adverse effects o£the Project will be mitigated to an ins~i~icant level PUBLIC REVIEW The Initial Study and Proposed 1Vlitigated Negative Declaration will be circulated for a 30-day public review period. Written commelltS l:rl~y be submitted to the following address: Steve Carlson, Senior Planner City of South San Francisco Department of Economic and Community Development 315 Maple Avenue South San FranCiSco, CA 94083 Telephone: 650.877.8535 Fax: 650.829.6639 Adoption Of the 1Vlifigated Negative DeClaration does not constitute approval of the Project itself, which is a separate action to be taken by the Plan,~ing C°mmi.qsion and the South San Francisco City Council. Approval or denial of the Proiect can take place only after the Mitigated Negative Declaration has been adopted. LEAD AGENCY The Lead Agent7 for rhi.~ Mitigated Negative Declaration is the City of South San Francisco Department of Economic and .Community Development INITIAL STUDY ] MITIGATED NEGATIVE DECLARATION HILLSIDE TOWNHOMES · PAGE 9 -166- DETERMIN_KTION On the 'basis of the evaluation in thi.~ Mitigated Negative Declaration and Initial Study: I find that the proposed Project COUT__Z) NOT have a signiRcant e~ect on the environment, and a NEGATIVE DECI,ARATION will be prepared. I find that although the proposed Project could have a sigmi/qcant effec~ on :the environment, there will not be a sigrdficant effect in this case because revisions in the Project have been made by or agreed to by the Project proponent. A/VIITIGATED lXTEGA~ DEC_Z_~TION will be prepared. I fred that the proposed Project MAY have a significant effect on the environment, and an ENVIRO~TAL IMPACT REPORT is required. I lind that the proposed Project MAY have a "potentially sig'niRcant impact" Or'~'potenfi~l!y significant unless mitigated" impact on the enxdronment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and'2) has been addressed b7 mitigation measures based on the earlier analysis as described on attached sheets. _An ENVIRO~T~ IMPACT REPORT is required, but itmmt analyze only the effects that remain to be addressed. I find that although the proposed Project could have a significant effect on the environment, because all potenti~lly significant effects (a) have been analyzed adequately in an earlier F, TR or N-EGAT1-VE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR:Or NEGATIVE DECL2kRATION, including revisions or mitigation measures that are imposed upon the proposed Project, nothing further is required. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION -167- HILLSIDE TOWNHOMES · PaGE 10 INITIAL STUDY CITY OF SOUTH SAN FRANCISCO Department of Economic and Commn~ity Development 315 Maple Avenue South Sm Francisco, CA 94083 GENERAL INFORMATION A. Application N-tuber: PUD 01-012 & SA 01-012 B. Applica~t: Jolm Hansen PROJECT SITE.DESCRIPTION LOCATION AND SETTING As shown m Figure 1, the Proiect site is located irt the northeasterly portion o£ South San Francisco, at the southeasterly comer o£ I4ill.qide Boulevard and Ridgeview. Drive. The Proiect site is located in a fully developed Medinm Demsity [15 units ~er net:acre] residential area. The development site is vacant The site topography slopes north to south md w/il require grading and some potent/al soil off-haul. The site is bordered other townhomes md m assembly use [~.llr.q Lodge] across Stonegate Drive. The site has native and introduced l~ndscaping consisting o£ gr0uudcover and shrubs throughout the ske. ..... C.12~_CULATION_C~C~-- STIC S The Project site is primarily accessible from Ridgeview Drive via I4ill.qide Boulevard. ZONING The Proiect site is curremtly zoned Medi~m Density Residential District (K-2-H). The site's General Plan Land Use designation is Medium Density l~esidential. The Project site is owned by Jotm Hansen. PROJECT CONTEXT A_ND 'DESCRIPTION The Proiect Site Plan is shown in Figure 2. The Proiect would involve the merger of two cont/guous.lots, grading of the Pro}ect site and construction of 16 dw~_lli~gs. INITIAL STUDY / MITIGATED NEGATIVE.DECLARATION HILLSIDE TOWNHOMES · PAGE -168- tLEQUIR~r~ DISCRETIONARY APPROVALS The Pzoject would requite .a Pl-~ned Unit'Development, 'Tentative Subdivision Map and Design P, eview. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION HILLSIDE 'FOWNHOME$ · PAGE 12 -169- INITI_AIJ STUDY CHECKLIST The Checklist portion o£ the Irfirial Study begins below, with explanations o£ each answer. A "no ftmpacf' response indicates, for example, that no displacement of existing housing would occur due to the Project, because no ho,~sing ~nits now exist within the Project site that might need to be removed to enable the Project to proceed. A "less than s~i~can~' response indicates that while there may be potential for an environmental impact, there are standard procedures or regulations in place, or other features of the Proiect as proposed, which would limit the extent of thi.~ impact to a level of"less than s~mi~can Responses that indicate that the impact of the Project would be "less than s~jl~cant u4th mitigation" indicate that mitigation measures, identified in the subsequent discussion, will be required as a condition of Project approval in order to effectively reduce potential Project-related environmental effects to a level of "/e~s than aiAm~cant" Environmental Factors and Focused Questions for · Determination of Environmental Impact Potentially Less Than Less Than Significant Significant Significant No Impact with Impact Impact Mitigation AESTHETICS -- Would the Project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? [ I [ ] [ ] ix] [ ] [ ] [ ] ix] c) Substantially degrade the existing visual [ ] [ ] [ X ] [ ] · ........ character, or-quality~f-the-s te_andJts- surroundings? d) Create a new source of substantial light or [ ] [ ] [ X] [ ] glare, which would adversely affect day or nighttime views in the area? South San Francisco's urban c2mracmr is one of contrasts within a visually well defined setting. San Bruno Mountain to the north, the ridge along Skyline Boulevard to the west, and the San Francisco Bay to the east provide the City with distinctive edges. The City is contained in ~lmost a bowl like fashion by hills on three sides. The terrain ranges from the flatl~n_ds along the water to hill.q east and north. Hills are visible from al/parts of the City, and Sigm H/Il and San Bruno Moun*,in (which is outside City limits) in the distance are visual landrnarlr.~. Much of the City's topography is rolling, resulting in distant views from many neighborhoods. Geographically, the City is relatively small, extending approximately two miles in a north-south direction and about five miles from east to west South San Francisco's industrial roots are reflected in its urban character, especially in its eastern INITIAL STUDY [ MITIGATED NEGATIVE DECLARATION - 1 7' 0 - HILLSIDE TOWNHOMES · PAGE '~ 3 parts. _Almost 20.percent of South San Francisco,s l~nd is occupiedby indus~l and warehousing 1.J. ses. The Project site is located in the Sign Hill planning sub-area of South San Francisco. The north slope of Sign Hill in the project v/cin/ty area was largely developed in the 1960's mad 1970's into a medim dmsity residential area with some institutiorml uses. Site Description. The Project's two .site's entrances will be.on different portions of Ridgeview Drive. a) Scenic Vistas Impact Threshdd of $ig~ifira~re: For the purpose of assessing impacts of a proposed Proiect on scenic vistas, the threshold of significance is exceeded when a Proiect would result in the obstruction of a designated public vista, or in the placement of an arguably offensive or negative-appearing obiect within such a vista. Any clear conflict with a General Plan policy or other adopted planning policy regarding scenic vistas would also be considered a. potentially significant adverse environmental impact The Project ske is not located w/*hin any formally des/stinted scenic vista. Therefore, the proposed Proiect would have J~o Jampact on a scenic vista. b) Scenic Resources Impact Threshold of Sign~cance: Arty Proj ect-related action that would sub stanri~ny: damage s cemc: resources (i.e., trees, rock outcroppings, and historic buildings within a state-scenic highway), woUld be regarded as a significant environmental impact. The Project would have no/mpact on scenic resources ,within .a. state scenic highway, since ir is not located on a state scemc highway. c) Visual .Character Impact Threshold of $ignificanve: The Project would have a significant environmental/mpact if it were to substantially degrade the exisrhag visual character or quality o£the ske.and irs surrou~3ir),gs. The proposed Project would be located in an area whose visual characteristics primarily consist of residential and institutional uses. Buildings in the immediate proiect vicinity are one-to three stories in height. The Proiect, consisting of 6 new three-story detached single family dwellings and 5 two unit attached 3 story buildings, would have no adverse effect on the visual character o£ the Site or its surrouncl~gs. The new .buildings have been designed to reflect the general residential development ~ Dyett & Bhada, South San 2~rancisro GeneralPlan: l~xis~ng Conditions and Planning Issues, 1997, p.4-2, 4-10, 4-15. INITIAL S~TUDY / MITIGATED NEGATIVE DECLARATION -171- HILLSIDE TOWNHOMES ' PAGE 14 pattern and will add substantial landscaping. Views t_h_m the site will be partially of fully blocked by neighboring properties. However, no scenic vistas will be blocke& Therefore, the Proiect would have less than a s~niiTcant impact on visual character. d) Light or Glare ~ ' Impact Tbr~dJo/d ofSig, ifica, ce: The Proiect related creation o£ any new source of substantial l~ght or.glare that would adversely affect day or nighttime views in the area woUld be regarded as a s/gni~caat enviror~rn elltal impact. The South Sm Francisco Police Department will require that the lighting be provided for the street, playgromad and outdoor p~rldng areas. Lighthag des/g~ will be required to employ fixtures that would cast light ha a downward direction to eliminate off-Site glare. Given compliance with Police Department requirements, the amount of light and glare emamthag from the Project site is considered less than Mgn///¢ant. It is'not expected that sources of daytime glare would be associated with the Proje~ Environmental Factors and Focused Questions for Determination of Environmental impact II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resoumes are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional'model to use in assessing impacts on agriculture and farmland. Would the Project: Potentially Less Than Less Than Significant Significant Significant No Impact with Impact Impact Mitigation ................... a)_._ __.Co_n _v~r!__.P_rim~. Earml_a_n~, ..[~ n!que~Ea_.rm_!.a_nd,_ or_ ..... [ -Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, [ ] [ ] [ ] [ X] or a Williamson Act contract? c) Involve other changes in the existing [ ] [ ] [ ] [ X] environment Which, due to their location or nature, could result in conversion of.Farmland, to non-agricultural use? a) Converting Prime Farmland The Project area is .in.the midst of an urban area that has already-been developed ia a mix of /ndusrri~l and commercS~d uses. No prime F~rml~nds, Unique Farmlands or Farmlands of Statewide Importance have been'identified at the Project site. Project development would not result ha the conversion of any Prime Farmlands, Unique F~rrnl~nds or F~rml~nds of Statew/de Imporrmace to non-agricultural uses. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -172- HILLSIDE TOWNHOMES · PAGE 15 The project.does not involve any farmland, there£oze no ~J~joact will occur. b) Conflict with Agricultural Zonl-g There are no areas in the vicinity o£ the Project site that have been zoned for agriculrura/uses and no parcels near the Project site are currently under Willi~mson Act contracts. Project development would not result in'the conversion ofany l.nd cumentlyzoned for agricultural use cf..in Willl.mson Act contracts to non-agricultural uses. The project.does not involve any fnrrnl.nd, therefore no fmJ~act will occur. c) Non-Agricultural Use Farml.nd Conversion The Project involves :no activities that would result in conversion of £~rml~d.or other land in agricultural to non-agricultural .uses. The project does not involve any £.rrnl.nd, therefore no impact will occur, ..Environmental Factors and Focused Questions for ,Determination cf Environmental impact II1. AIR QUALITY-- Where available, the significance criteria established by!he.applicable air quality management or air pollution control,district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air:quality plan? b) Violate any air quality standard or contribute .................. .substantially-to-an.. existi ng or .projected-air quality violation? c) Result. in a.cumutatively considerable net increase of any criteda pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing.emissions, which exceed quantitative thresholds for ozone Potentially Lass Than Less Than Significant Significant Significant No Impact with impact impact Mitigation [ ] [ ] [ ] IX] [ ] IX] [ ] [ ] [ ] [x] [ ] precursors)? d) Expose sensitive receptorst0 substantia pollutant concentrationS? e) Create objectionable odors affeCting substantial number of people? [ :'] [ ] ..[ x] [ ] · ;,[ :] [ ] ix] [,.] Setting · · The mount of a given pollut, nt in the atmosphere is determined by the rate o£release and the atmosphere's ability to transport and dilute the pollutant, ne majOr determinants of transport and dilution are wind, atmospheric stability, terrain and, for photochemical '>ollumnts, sul2~qhine. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION -173- HILLSIDE TOWNHOMES ' PAGE 16 Nox~:hwest winds axe most common in South San Francisco, rerqecting the orientation o£wind gaps v~thin t. he mountmins of t_he Salt Fl:ancisco l°eninsllla. ~XTin. ds axe .persistent and strong~ providing excellent ventilation and carry/ng pollutants downwin& Winds axe lightest on the average in fall and winter. The persistent winds in South Sm Francisco result in a ~elatively low potential for air pollution. Even so, in fall and winter there are periods of several days when winds are very light and local pollutants can build up. Both the U. S. F, nvironmental Protection -A-genc7 and the California _ASr Resources Board have established ambient air quality standards for commoI113ollutartts. These ambient air quality stmdards are levels of contaminants that represent safe levels that avoid: spexfific adverse health effects associated with each pollutmat, The ambient ak qn,lity stanctarcls cover what.are called '!'criteria" pollutants because the health and other effects of each pollutant are described in criteria documents. The local air qmlity agency is the .Bay Area Air Qn~lity Management.District (BAzAQlvlD).' The BA_AQ1VID erfforces rules and regulations regarding ak pollution sources and is the prim~.ry agency preparing the regional~ak q~lity plans mandated.under state ~md. federal law..The.BA2kQMD has prepared air qml~ty'~ixnpacr guidelines for use in preparing environmental docn~menrs under the · California F_xtvironmental Qn~lity Act, The Bay _A_rea Air Qmlity Management District (BLAQlvID) monitors air quality at: several locations w/*h~ the San Francisco Bay Air Basin, although none axe located in South'Sm'Francisco. The monitoring sires closest to the ?roiect site axe located in Sm'Francisco to the north and Redwood City to the south. Tltble 1 snrnrn~r/~.es exceect~nces of the state.md federal'standards at these two sites. The table shows that most of the ambient air qnality standards are met in the Prdiecrarea with .the_exception_the~.s_tate standard for Under the federal'Clean Ak Act, the Bay Area is considered as 'having attained all 'federal ambient ak qn~lity standards except for ozone. Under the Calffomi~ ··Clem ~ Act the'Bay A_rea is considered non-aCainment for ozone and PM~0. TABLE 1 AIR QUALITY DATA SUMMARY FOR SAN FRANCISCO AND REDWOOD CITY, 1998-2000 Pollutant ........ ,,~an~ard Monitorin[! Site :Days Standard Exceeded · 1998 1999 : 2000 Ozone Federal 1-Hour San Francisco 0 O ' .0 Redwood City 0 ..0 ':0. Ozone State 1-Hour San Francisco 0 0 0 Redwood City 0 0 0 Ozone Federal 8-Hour~ San Francisco 0 0 0 Redwood'City '~ ..0 0 0 PM~o Federal 24-Hour San Francisco · O 0 ': '.0 Redwood City .0 -,0 - 0 PM~o State 24-Hour San Francisco 1 6 1 Redwood City 0 3 1 INITIAL STUDY/. MITIGATED NEGATIVE DECLARATION - 17 4 - HILLSIDE TOWNHOMES" PAGE Carbon Monoxide State/Federal San Francisco 0 0 0 8-Hour Redwood City 0 0 0 Nitrogen Dioxide State 1-Hour San Francisco 0 0 0 Redwood City 0 0 0 Source: Air Resources Board, Aerometric Data Analysis and Management (ADAM), 2001. Significanc~ Thmsholdr. The CEQA environmental checkli.~t provides five questions regarding air quality impact s/grfificance. Where available, the s/gnificance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the determinations o£ s/gnificanCe. 2~La/~O~ C~O~I Gniddine~ provide the following definitions of a s/gnifica~t air quality impact: A project Contributing to carbon monOxide (CO) concentrations exceeding the State Ambient_A_ir Quality Standard of 9 parts per million (ppm) averaged over 8 hours or 20 ppm for 1 hour would be considered to have a significant impact. A proiect that generates criteria air pollutant emissions in excess of the B_A. AQMD ~nnual or rt,ily thresholds would be considered to have a significant air quality impact. The current thresholds.are 15 tons/year or 80 pomads/day for Reactive Orgaxfic Gases (ROG), Nitrogen Oxides (NOx) or PMw. Arty proposed proiect.that would individn, lly have a. significant ~ir .qml~ty impact would also be considered to have a signiRcmt camnl~tive air quality impact : Any proiect with the potential to frequently expose members of the public to obiecfiormble odors would be deemed .to:have a.s,~ificant impact. ·. Any prOiect with the potential to expose sensitive receptors :or the general pubhc to substantial levels of toxic air contamln.~nts would be deemed to have a significmt impact. The term 'Ssubsta~fial levels" is further defined as a~ exposure.associated with ma excess cancer risk o£ 10 in one million. The B_A_AQMD significmace thresholds for construction dust impacts are based On the appropriateness of construction dust controls. The BAAQMD gmdelines .provide feasible control measures for construction emission of PMw. If the appropriate construction controls are to be implemented, then air pollutant emissions for consl~acfion :activities would be considered less ,h~n significant. , a) Conflict with Air Quality. Plan Setting ~ The San Francisco Bay Area Air Basin is currently non-ao-~inment £orozone (state and federal ambient standards) and PMw (state ambient stmadard). While air quality'plans exist for ozone, none exists (or is currently required) for PMw. The Proposed Final San Francisco Bay Area O~one Attainment Plan for the I-Hour National O.f. one Standara~ is the current ozone air quality plan required under the Bay Area Air Quality Maxmgement District, ~4A~OMD CE~A G~id~ms, 1996 (revised 1999). Bay Area Air Quality Management District, Proposed Final San Francisco ]5ay Area Ozone _A_ttainrnent Plan for the 1-Hour National Ozone Standazcl, Jane 2001. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION -175- HILLSIDE TOWNHOMES · PAGE18 Federal Clean Air Act. The state-mandated regional air quality,plan is the Ba~-Ar~a 2000 CJea~ _Air _P/a~.4 These pl~s contain mobile source controls, stationary source controls and transportation corttrol measures to be/mpl~mented in the region to attain the state and federal ozone standards within the Bay Area Air Basin. Impact A proiect w°uld be iUdged t© c°nflictwith °r °bstrUct imp1emerttafion of the regional air q~,lity plan flit would be inconsistent with the growth assumptions, in terms of population, employment or regional growth in vehicle Miles Traveled. The Proiect would have no impact on any of the growth assumptions made in the preparation of these p!am nor obstruct implementation of any of the proposed control measures confined in these plans. b) Air Q~m!ity Standards · · IMPACT :h Construction DuSt. The propOsed Project would require site grading and soil off-haul. Grartlng activities have a high pOtential for creating air pollutants. In · addition to the dust created &~ring grading, substantial dust emi.~sions cOuld be Created as soil is loaded into trucks for removal. This would be a potenn'ally s~mit~cant impact of the Proiect. The California Health and Safety Code requires local agencies not to issue gra&ing permits until an applicant has demonstrated compliance with notification requirements under applicable federal.regulations. The Bay A_tea ~ Quality Management District is vested by the California Legislature with authority to regulate akbome pollutants through both inspection and law enforcement, and is to be notified ten days in advance .of any proposed grading and must provide information on the amount and nature of pla~ed work and methods to.be employed. The purpose of B_A_AQMD regulations is the minimi~.ation of potential impacts to air quality, : Construction activities would 'generate exhaust emissions from vehicles/equiPment and fugitive particulate matter emissions that would affect local air quality. Construction activities would tempor, rily affect local air quality, causing a: temporary inCrease in particulate dust and other pollutants. Dust emi.qsion during periods of construction would inCrease particulate concentrations at neighboring properties. This impact is potentially s/gni~icant, but normally mifigatible. B~IO~g/1D C~_A Ggiddi~provide thresholds of s/gnificance for air quality impacts. The B_A_AQ~ significance thresholds for construction dust impacts are based.on the Bay Area Air Quality l~%~emeat District,/~y Ar~ 2000 C/~/dr P/~ ~d T~'~lAr~'~t, December 20, 2000. s Bay Area Air Quality M~n~g~nent DisuSct, BAAQ1VID CEQA Guidelines, 1996 (l~xv/sed 1999). INITIAL STUDY / MITIGATED NEGATIVE DECLARATION - 17 6 - HILLSIDE TOWNHOMES · PAGE 19 appropriateness of construction dust controls. The B_A. AQ~ guidelines provide feasible control measures for construction emi.qsion of PMw. If the appropriate construction controls are to be implemented, then air pollutant emissions for construction actixdties would be considered less-than-s~mificant MITIGATION MEASURE 1: Dust Suppression Procedures. Prior to the issuance of any permit, the applicant shall submit a construction plan including measures to control fugidve dust u~li~.i~g measures approved by the Bay _A._rea Quality M,nagmenet District CB_A_AQMD). The plan sh,ll be subiecr ro the review and approval of the City's ChiefPlan,~er. The following measures are recommended for inclusion m construction contracts ro control lug/tire dust emissions. During Grading Watermg should be used to control dust generation during demolition of structures and break-up of pavement. Cover all trucks hauling so~ .from the site. During Construm'on Water all active construction areas at least twice daily. Water or cover stocJrpfles of debris, soil, smd or other matv_~4al~ that can be blown by the wind. Cover all trucks .hauling soil, sand, and other loose matetqal~ or require, all trucks to mamtain at least two feet of freeboard Sweep daily (preferably with water sweepers) all paved access road, parldng areas and staging areas at construction sites. Sweep streets daily (preferably with water sweepers) ffvisible soil material is carded onto adjacent, public streets. With the implementation o£ appropriate mitigadon measures, impacts on sensitive receptors related to construction emi.qsions would be reduced to a Jess than siSmit~cant level. Operation. Development projects in the Bay Area are most likely to violate an.air quality standard or contribute subs*anri~lly to an existing or projected air quality v/olation through ,el:fide trip germration. New vehicle trips .add to carbon monoxide concentrations near streets that provide access to the site, The Bay Area Air Qmlity Management District's t3AAO~biD CEO~A Guidelines recommends estimation of carbon monoxide concentrations for projects where Project traffic would impact intersections or roadway linlrs operating at Level of Service D, E, or F or would cause Level of INITIAL ,~-"TUDY/MITI~.'.~TED NE~t~,TIVE DECLARATION -177- HILLSIDE TOWNHOME$ · ~AGE 20 Service to declive to D, E, or F; or where Project traffic would increase traffic vOlnrnes 'on nearby roadways by 10% or more (if the increase is at least 100 vehicles per .hour). Daily net new vekide trip generation from the Project would be less than 160 rt,ily trips and the peak hour net trip generation from the Project would be less than 16 trips (Trip Generation, 4~s ' Edition, Institute of Transportation Engineers, 1987). This trip generation is below the BA_A_QMD threshold tdgger level for :es*imating carbon'monoxide concentrations:Considering that the proposed Project is in an atr.inment area 'for carbon monoxide (the state and federal ambient standards are met) and that South'San Francisco has relatively low back~ound levels o£ Carbon monoxide compared to other parts o£the Bay Area, the prOposed Project could not have a significant impact on local carbon monoxide concentrations. Therefore, Project carbon monoxide impacts would be less ~an s~grzi~cant. c) C,,m,,1-tive _&ir Qualiw Effects Impact Threshold of Sign~cance: The Project's impact would be significant if it would result in a o~mulatively considerable net increase of any criwri, pollutant for which:the project region is non-att, inment trader an applicable federal or state ambient air quality standard (including releasing ~mi.~sions that exceed qmntitafive thresholds for ozone precursors). The Project would generate new emi.qsions through new regi°"al vehicle;triPs[ The BA_AQMD has developed criteria to determine if a development.Project could result in potenfi,11y significant regional ami.~sions. The District has recommended that 2,000 fl,ily vehicle trips be used as a threshold for quantifyk~ Project regional impacts. Net new fl~ily trip generation is below rhi.q threshold for quantification. Project emissions therefore,would be below the BAAQlVlD thresholds o£ significance £or regional pollutants. Therefore, Project impacts on'regional air quality would be -tessdzan-sigr,_ csazt .... d) Exposare of Sensitive Receptors to SubstantialPonution Concentrations The BAAQMD defines eXPOsure o£ sensitive receptors t° t°xic ~ir c°n*"rnl-,~ts and risk o£ accidental releases o£ acutely hazardous materials (A_HMs) as potential adverse environmental impacts. Examples o£ sensitive receptors include schools, hospitals, residential areas with c]zilctren, and convalescent facilities. ' · The Bay Area Air Quality Management District de~nes sensitive receptors as facilities where sensitive receptor population groups (children, the elderly, the acutely, ill and the' chronically ill) are likely to located. These 1,nd uses include residences, SchoOls Playgrounds, ckildcare centers, retirement homes, convalescent homes, hospitals and medical clinics. The closest sensitive receptors are the adjacent residences, day care and the I-tilMde F_Aementary School. INITIAL STUDY / MITIGATED NEC-:~TIVE DECLARATION -178- HILLSIDE TOWNHOMES * PAGE 21 The proposed Proiect could expose the facilities to on-ske emissions dn~ng construction. The Proiect's location greatly reduces the potential for exposure to pollutants released from the site, since easterly winds that could carry emissions from the site to the occur only 2.9% of the time on an ~n,mal basis. ' Any Proiect occupant who would potentially release toxic air collt~mln~nt emissions would be subiect to rules, regulations md-procedures of the Bay A_rea Air Quality M~n~gemenr District. As part of its program to control toxic air contaminant emissions, the District has established procedures for esHm~ring the risk associated with exposure. The methods used are conservanve, meaning that the real risks from the source may be lower than the calculations, but it is nnlikely they will be higher. In the first step of a two-step process, the District estimates how-much of a cont,'trni*~nt would be found in the air at a specific location. The estimate depends upon the type of source, its rare of production and its location. The second step involves determining ff the estimated amount of contaminant is h~.ardous to 'those 'exposed to ir. This determination includes :an evaluation of both carcinogenicity (tendency ro cause cancer) and non-cancer health effects. Chemical toxicity is based on animal study results and in some instances, on the results of human.exposure. After a new Proiect's risk level is determined, a decision must be m~de as tO the Significance of thi.q risk level. If a new source has a cancer risk of one in a million or less over a ?.0-year-lifetime exposure period, and will nor result in non-cancer health effects, ir is considered to be atess than significant risk and no' further review of all health impacts is required. If a. project has a risk greater than one in a million, it must be further evaluated in order :to determine acceptability. Factors that affect acceptability include the presence of controls on the rate of emissions, the location of the sire in relation to residential areas and schools, and conmmmanr reductions 'in other media such as water. In general, pro)ects with risks greater ,h~n one in a million, but less rh~n'10 in a million, are approved ff other determining factors are acceptable. In general, proiects with risks greater th~n 10 in a million are nor approve& Non-approved pro)ects may be re-e~aluated if.emi.qsions are 'reduced, thereby reducing their risks District Regulation 2-1-412 provides for special noticing requirements prior ro .approval of toxic air contaminant sources with one-quarter mile of a sensitive receptor. The above regulations and procedures, already established.and enforced as part of the air.quality permit review process for any furore occupant of the Proiecr, would ensure th,t any potential impacts due to hazardous or toxic air conmmi*~ant erni.qsion would be'reduced to a level of Jess tflan sfgmilffcantat the closest sensitive receptor and other receptors closer ro the Project site. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -179- 'HILLSIDE TOWNHOMES · PAGE 22 e) Odors Impact wastewat~ ~e~t p~m, l~nHHlls, re~es, etc. Du~ng consmcfion '~e ,~°Us ~esd-pow~ed v~es md eq~pm~t ~ use on ~e ske Wo~d ~eate odors. ~ese odors ~ t~po~ md not ~dy t© be noficmble mu& beyond ~e Pro}e~ bomd~hes. ~e potm~ for ~es~ odors'~pacm is le~ '~c~ ~e Pro}oct wo~d not ~ate ~y odors md ~erefore wo~d not have my ~pacts. Environmental' Factors and Focused Questions for Determination of Environmental Impact IV. BIOLOGICAL-RESOURCES--Would'the Project: a) Have a SubStantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special · statusspecies in local or regional plans, poliCies, or:regulations, Or by the'california Department of Fish and Game or U.S. FiSh and ,wi dlife Service? ~ ~ · '~ · b) Have a substantial adverse effect.on, any riparian habitat Or other sensitive natural ~ community identified in local or regional planS, policies, regUlationsor bythe California Departmentof Fish.and Game or US Fish .and Wildlife Service? .......... c) ..... Have-a-substantial.adverse-effect. on-federally--- protected.wetlands .as. defined by Section 404. of the Clean Water Act (including, but not : . limited to, marsh, vernal pool, coastal, etc.) through direct,removal,,filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established nativeresident or migratory wildlife corridors, or impede the use.of native wildlife nursery sites? e) .Conflict with.any local policies Or ordinances protecting biologiCal resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan., Natural Community Conservation Plan, .or other approved local, regional, or state habitat conservation plan? Potentially Significant Impact .[ Less Than Significant Miti[lafion Less Than ,Significant No .Impact Impact ] [ ] [ ] Ix] [ ] [ ] IX] [ ] [ ] [ ] [ x] ~[ ] .[ I [ ] [ X] [ '1 f '1 :[ ] ,[ x] INITIAL STUDY / MITIGATED NEGATIVE DECLARATION HILLSIDE TOWNHOMES · PAGE 23 -180- Items a) through d) Impact The Project site/s located in a largely residenl~l area that is for the most part developed. While the site is vacant k has been highly modified md currently supports normative plant species and likelyis inhabited by ground dwelling rodents. The Project would have no 5mpact on any endangered, threatened or raze species :Or their habitats, or to any federally protected wetlmds or wildlife corridors. Items e and f Sett~g The Project site is surrounded by various types of landscaping, including low ground covers, assorted shrub types and small to large trees : Impact Threshold of Signifivame: The Project would have a s/gnificant environmental impact if it were to conflict with any local policies or ordinances protecting biological resources, such as a tree preserxrafion policy or ordin,nce, Habitat Conservation Plan, Natural .Commllzlity Conservation. The Project site supports non-native grasses and shrubs. The proposed project will introduce ornamental non-native ground covers, shrubs and trees. The Project does not conflict with any of the above referenced pla~s, policies, requirements or programs. Therefore, -no ~a~pact rwould .occlJ~. Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially :;Less-Than Less Than Significant Significant SignhScant No Impact with Impact Impact Miti[lation CULTURAL RESOURCES --.Would the Project: a) Cause a substantial~adverse change inthe [ ] significance of a historical resource as defined in {}15064.5? b) Cause a'sUbstantial adverse change in'the [ ] significance of an archaeological resource pursuant to {}15064.5? C) Directly or indirectly destroy a unique [ ] paleontological resource or Site or unique geologic feature? d) Disturb any human remains, including those [ ] interred outside of formal cemeteries? [ ] [ ] [ x] [ ] [ ] ix] [ ] '[ ] [x] [ ] [ ] ix] a) Historical Resources Impact Thresho/d of $ignifiran~: The Proiect would have a significant environmental impact flit were to muse a substmatial adverse cha~e in the s/gnifimnce o£ a kistorical resource, as defined in ~15064.5. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION HILLSIDE TOWNHOMES ° PAGE 24 -181- The ske has no historical importance. The Project would not cause a substantial adverse change in the significance of a historical resource as defmed in ~15064.5, since the site has no historical value. The Proiect would have a no/mpac~ b) Archaeological Resources Impact Threshold of~gignilDance: The Project would have a Significant environmental impaCt if it Were to caUse a substantial adverse change/n the significance of an archaeological resource as defined in [15064.5. The Project site is a previously disturbed, developed site where no known archaeological sites' are located and no other sites are identified irt the Proiect's vicinity. The Proiect would have no impact. c) Paleontological Resources/Unique Geologic Features Impact Threshold of $ign~icance: The Project would have a significant environmental impact if it were to directly or indirectly destroy a.nnique paleontological resource or site or unique geologic feature. No unique paleontological 'or'geologic features have been nor are expected to be identified at the Project site. Therefore, the Project would be expected to have no impact on paleontological resources and unique geologic features..: d) Disturbance of H,,rn'an Rem-lr, a · Impact Threshold of Significance: The Project would have a significant environmental impact if k were to result h~ma~ remains. in the disturbance 0fany : :' ::~" ....... No-hnm a~--rem ~i" s-have-b eezaideafi-fi ed-at -the 2~oj ectsite.-Ho~e-veA-ff-such-tem encountered during site preparation associated with the construction :at ~e ProjeCt'site, all Work shall be halted in the vicinity, and thd San Mateo County Coroner an investigation of the cause of death is required, and to determine if the fas are of Native Ame~can origin. If such remains are of Native American or~x, the nearest tribal relatives as determined by the state Native American Heritage Commission shall be contacted recommendations for =eating or removal of such remaius, including grave go°dS,'x/rith:aPpropriate dignity, as required under Public Resources Code Section 5097.98. This would reduce the. potential impact associated with the discovery o£hnrna- remains at the Project site to a level .o£1ess.than It is expected that there would be no/mpact tSrorn the Project related to the disturbance, o£ human remains. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION - 18 2 - 'HILLSIDE TOWNHOMES · PAGE 25 Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Vi. GEOLOGY AND SOILS -- Would the Project: a) Expose people or structures to potential substantial adverse effects, including the risk of toss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other' substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication,42. ii) Strong seismic ground shaking? iii)Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on- or off-site 'landslide, ,lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform .Building Code ~(1994), creating substantial risks to life or .property?, e) .Have soils incapable, of adequately supporting the use of septic tanks or altamative waste water disposal systems where sewers are not .......................... -available-fer-thedis~osal-of.waste~water? [ ] Less Than Significant with 'Mitigation [ ] ] [ ] ] [ ] ] [ ] ] [ ] ] [ ] Less Than Significant No Impact Impact IX] [ ] [x] :[ ] [ ] IX] [ ] [x] [ ] [ x] [ ] [x] ] [ ] [ ] ix] ] [ ] [ ] [.x] The relative stab/lity and cOmposition of different types Of soils can contribute to h~.ard risks by amplifying earthquake waves, increasing susceptibility to hquefaction and'lanclShdes, and affecting flood levels. South San Francisco occupies three general topographic zones: the lowland zone, the upland zone and the hillside zonefi The Project ske is located within the Upland Zone. The Upland Zone is comprised of gently to moderately.sloping areas located throUghout the central south central, and eastern portions of the City, generally between 30and 200 £eet above mean sea level, and between Sign Hill and the southern flank of San Brtmo 'Mouuta~m Slopes are commorfly between 3 and 15 percent gradient. This zone includes the alluvial Plain of Colrn~ Creek, which bisects the area from northwest to southeast. 6 Dyett & B~afia, South San 2~randsw General.Wan: E~isting Conditions and 2~lanning Issues, 1997. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION -HILLSIDE TOWNHOMES · PAGE 26 -183- The City's Upland Zone consists p~qm,tily o£ the Colma and Merced soil formations: 1. The Colma Formation (designated Qc on geologic maps) extends on either side o£ the Cokna Creek alluvial £an. It is comprised o£1oose, ftiable,'well-sorted sand with subordinate gravel, silt and clay deposited O~*~ng the Pleistocene Era. It.generally provides good foundation conditions and earthquake stability when not disturbed by artificial cuts, which tend to erode and cause gullying. The Merced Formution (designated QTm on geologic.maps) is comprised o£poorly consolidated to semi-consolidated sand and silt deposited dn~-g the Pleistocene Era. It is subject to severe 1,ndsLide h,.~.ards in areas of artificial cuts, provides good .seismic .stability and may provide excellent to poor foundation conditions-depending on slope 'and local litholo~y. The site is vacant. The site slopes f~orn north to south with an elevation change ranging between 12 feet to 35 feet f~orn Hillside Boulevard to Ridgeview Drive. The Proiect ~rould include grading and soil excavation to prepare the'site and construct the dwellings and relocate the P.G.& 'E. power transmission line. A Preliminary Soils Report was not prepared for the project. However, the Building Official may require the preparation of a Soils Keport as part of the Building Permit. In general the site is likely to have loose surficial deposits of several.feet, overlying several feet of loose to medinm dense silty sand to sandy clay (fill, alluvium and soil deposits), which probably transitions to the Colm~ Formation at depth. The S~n Anckeas fault iS situated apprOximately 2 miles southwest of the site. The site may have the potential for liquefaction, consolidation of earth n~.t~',-iul.~-and~very'-strong seismic-ground-shying. a)(i) Exposure of People or Structures to Known Earthquake Fault Sett/ng According to the United States .Geologic Survey Geologic Map of the South San Francisco Quadrangle, the site is.likely underlain by sandstone, shale and greenstone of the Franciscan Formation. The Project site is located in the San Francisco Bay Area, which is considered one of the most seismically active.regions in the United States. Significant earthquakes have occurred in the San Francisco Bay Area andare believed .to be associated with crustal movements along a system of subparallel fault zones that generally trend in a northwesterly direction..The site is located approxqmately 3 miles northeast, 9 miles' northeast and 15 miles southwest, .respectively, of the.active San Andre. as, San Crregorio and Hayward fault zones. In 1868 an earthqn~lre with an es*qmated Moment magnitude of 7.0 on the Richter scale occurred on the southern segment of the Hayward Fault between San Leandro and Fremont Since 1800, four INITIAL STUDY / MITIGATED NEGATIVE DECLARATION - 1 8 4 - : HILLSIDE TOWNHOMES · PAGE 27 major earthquakes have been recorded on the San 2Ludreas Fault with Moment magnitudes ranging from 6.25 to 7.9. in 1999, the 5XTorldng Group on C~li(orni~ Earthquake Probabilities at the United States Geologic Survey predicted a 70 percent probab/lity of a magnitude 6.7 or greater earthquake occurring in the San Francisco ,Bay Area by 2030. Impact Threshold of Signifiranve: The Project would have a significant, environmental impact if it.were to expose people or structures to potential substantial adverse effects associated with the rupture of a known earthquake fault The Project site is not within ail Ea~quake Fault Zone, as defined by the Alquist-Priolo Earthquake Fault Zoning Act, and no known acdve or potenri~lly active faults exist on the site. The closest Special Study Zone is the .San Andreas Kixct Zone located 3.75 miles squthwest of the Project site. Therefore, the risk of surface faulting is .considered to .be less .nan Mgaxiffcmat_ a)(ii) Exposure of People or Structures to Strong Seismic.Shaklng Impact Threshold of Significance: The Project would have a significant environmenmlimpact if itwere to expose people or structures to potential substantial adverse effects associated with strong seismic gromad sb~kqng. Impact The proposed building's occupants could be exposed to adverse effects related to seismic ground sb~kqng. Corfform~nce to the Urfi-form 'Building Code would result i~ mi~imi~,.ing fl~m~ge to the building md occupants. This measure ~vould reduce the impact o£ seismicground sh,kq,~g to people who would occupy the buildings at the Project sire to a level of Jess nan a)(iii) Seismic-Related Ground Failure, Including Liquefaction Impact Thmshold of Significanre: The Project would have a .significant environmental impact if it were to expose people or structures to potential substant~l adverse effects associated with seismic-related ground fa/lure, including.liquefaction.. Saturated, cohesionless soil can liquefy as it experiences temporary loss o£ shear strength due to a transient r/se ~ excess pore pressure generated by strong ground motion. It is unlikely that loose, saturated cohesionless so/1 is present at the Project site, given its location. Therefore, ~o ~mpactwould occur. a)(iv) Exposure of People or Structures to Landslides Impact ThmshoM of Significance: The Project would have a significant env/ronmental impact if it were located on a geologic mt or soil that is unstable, or that would become unstable as a result of the Project, INITIAL STUDY / MITIGATED NEGATIVE DECLARAT ON - 1 8 5 - HILLSIDE TOWNHOMES · PAGE 28 and potenH,11y result in on- or off-site landslide,'lateral .spreading, subsidence, liquefaction oz co].~.psc. The Project site slopes from no,ch to south with a ch~ge in elevation ranging from 12 feet to 35 feet. The risk of landsliding on the Project site is unlikely and is considered no impact b) Substantial SoiiErosion~orLoss .of Topsoil Impact ' Threihold of Sign~cance: The Proiect would result in a s~mificant environmental impact if it were to result in substantial soil erosion or in the loss of topsoil. Site soils, with the exception of landscaped areas, are covered with either asphalt paving or concrete md have no exposure.to water or Wind erosion forces, though temporary erosion may occur &~ting construction. However, 'stanrt~rd erosion Control measures can be'employed to reduce fhi.~ erosion to negligible levels dnting construction. Local iurisdictional rules governing erosion protection should be followed during constmcfon'inozder to:ensure no",.J~npact from the Pr0ie~ c) Unstable':Geological Conditions ' Impact Threshold of Significance: The Project would have a significant environmental impact if located on a geologic nnit or soil that is unstable, or that would become unstable as a result of the Project, and potenti,lly result m on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. There would be no Zmpact, since the Project will be required to .adhere' to the Uaiform Builrting Code md'the ske is not known'~to be underl~ by unstable soils ofgeologic units. d)-Expansive-Soils Impact Threshold of Significance: The Project would have a significant environmental impact if located on expansive so/i, .creating subs~-nfial,risks to life or property. The Project sire ~so/ls are not lmown to be susceptible to expansion, and therefore would have-no impact. e) Soils Unsuitable for Septic Tanks Impact Threshold of Sign~ficame: The Project would have a significant environmental impact ff it involved consmxcfion of septic systems in soils incapable of adequately supporting the use of septic r~nlrs or alternative waste water disposal systems. : ' The proposed Project does not include a proposal for septic systems at the Project site, representing no impact. : ' INITIAL STUDY / MITIGATED'NEGATIVE DECLARATION - 18 6 - HILLSIDE TOWNHOMES · PAGE 29 Environmental Factors and Focused Questions for Determination of Environmental Impact VII. HAZARDS AND HAZARDOUS MATERIALS-- Would the Project: a) Create a significant hazard to the public or the [ environment through the routine transport, use, or disposal of hazardous .matadal.s? b) Create a significant hazard to.the public or the [ ] environment through reasonably foreseeable upset and accident conditions involving the -release of hazardous matafials into the environment? c) Emit hazardous emissions or handle hazardous r or acutely hazardous materials, substances, or waste within one. quarter mile of an existing or proposed school? d) Be located on a site which is included on a list [ ] of hazardous materials sites compiled pursuant to Government Code Section 65962,5 and, as a result, would it create a significant hazard to the public or the environment? e) For a Project located within an airport tand use [ ] plan or, where such a plan has not been adopted, withintwo miles of a.public airport or public.use aIrport would.the Project result in a safety'hazard for people residing or working ~n the Project area? f) For a Project within the vicinity of a private airstrip, would the Project result in a safety hazard for people residing or working in the Project area? g) Impair implementation of or physically interfere [ ] ............. -with. an adopted-emergency-response plan o~ emergency evacuation plan? h) Expose people or structures to a significant risk [ ] of loss, injury or death involving wildlandflres, including where wildlands are adjacent to urbanized areas or where residences are intermixed with witdlands? Potentially Less Than Less Than Significant Significant Significant No impact with impact Impact Mitigation [ ] [ ] [x] [ ] ,[:x] [ .] [ ] [ ] [x:] [] [ ] [x] [ ] [ ] [x] [ ] -[ ] .[ x] [ ] [ ] [x] [ ] [ ] IX] Sett/ng The use of the site for dwellings will likely reSult in small quantiues of maregulated hoUSehold_ type hazardous materi~ls (cle~ing agents, solvents) w/il be stored ~thi~ each unit. A review of historical documents for the subject property indicate Ih,at the site was apparently utilized, as part of farming. The existing dWelling constructed.at the turn of the century meam that the building may contain asbestos in the plaster ~ud/or lead based paint or materials. Because of the known adverse human effects of such materials were they to become airborne INITIAL STUDY/MITIGATED NEGATIVE DECLARATION HILLSIDE TOWNHOMES · PAGE 30 -187- during demolition activities, the dwelling should be tested for the presence of these materials and if found removal will be required in conformance with Federal, State and local regulations. a) Hazardous Materials Impact Threshold of Significance: The Project would have a significant environmental impact if it were to create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous matermls. It is not expected that a residential uses would ufili~,e any significallt ql.la.Ildty Of hazardous matex:ials. Provided that the business con£orm,~ to Uniform Building Code regulations applicable to the me, transport and disposal of hazardous mar~rial.~ no impact would occur. b) Upset and Accident Conditiom Impact Threshold of Sign~cance: The Project would have a significant environmental impact if it were to create a significant hazard to the public or the env/ronment through reasonably foreseeable upset and accident conditions involving the release of ha~.ardous materials into the environment Normal operations at the Project sire could involve use, transport and 'disposal of.small quantities of cleaning and gardening supplies that would be considered hazardous if not handled appropriately. In such an environment, there is some potential for accidents to occur. Adherence .to Uniform Building Code regulations pertaining to hazardous materials would help prevent ,such an .occurrence, limiting the impact of the Proiecr to a level of/ess than ~i&~ni~cant. c) Hazardous Materials and Schools Threshold of Significance: The Project would have a significant environmental'impact if it were rD emit hazardous emissions or handle hazardous or acutely hazardous matemls, substances, or waste within a quarter mile of an existing or proposed school The Project site is located within one,qnarrer mile of a public school, and a private day care. However, because the site is vacant it is and no record of any activities whish may indicate the presence of hazardous or toxic there would be no impact, d) Cortese List of Hazardous Materials Sites Impact Threshold of Significance: The Project would have a Significant environmental impaCt if loCated on a site which is included on a list o£ hazardous materials sites compiled pursuant to Gov~-rnment Code Section 65962.5 ("Cortese T.i.~t"). A review of City records indicates ?hat the site is not near any apparent Underground Storage Tarik,~ or other sites with hazardous materi~k. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION - 1_. 8 8 - HILLSIDE TOWNHOMES · PAGE 31 e/f) Safety Hazards Due to Nearby Airport or Airstrip Impact Threshold of Significance: The Proiect would have a s/gnificant env/ronmental impact if it were located withi~ an airport land use plan (or, where such a plan has not been adopted, within two miles o£ a public ak-port or public use airport) flit would result in a safety ha~,ard for people residing or working m the Project area, or flit were located within the vicinity of a private airsmp, if it would result in a sa£ety h~.ard for people residing or working in the Project area. The Project site is located within about 2.5 miles ~om San Francisco International Airport. The site is in a developed area and is intended for the proposed use. Development of the Proiect site as proposed would not create any inordinate aviation-related safety ha~.ard above and beyond that which currently exists m the City of South San Francisco in the area around San Francisco International 2k/rport. Therefore the Project would represent J~o/mpactfor future residents. g) Conflict with Emergency Response Plan or Emergency Evacuation Plan Impact Threshold of Significance: The Project would have a significant enxrkonmental impact if it,were to impair implementation o£, or physically interfere With, an adopted emergency response plan or emergency evacuation 'Development of the proposed Project would not interfere With and therefore havre no'impact on the implementation o£ any adopted emergency response plan.or emergency evacuation plan provided it con£orms to the specifications found in applicable emergency response or evacuation plans. h) Exposure of People or Structures to Wildland Fires .... Imp_ aF_t_ Threshold of Significance: The Project would ]nave a significant environmental impact-if it were to expose people or structures to a significant risk of loss, injury or death involving wildland fires. The Project would have no impact related to wildl,nd fires since the site is located in .a built out area although it is dose to Sign 1-J,ill a wildl,nd area. Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Less Than Less Than Significant Significant Significant No impact with Impact Impact Mitigation HYDROLOGY AND WATER QUALITY,--Wouid the Project: a) Violate any water quality standards Or waste discharge requirements.'? [ ] [ ] [ ] [ x] INITIAL STUDY / MITIGATED NEGATIVE DECLARATION HILLSIDE TOWNHOMES · PAGE 32 -189- Environmental Factors and Focused Questions for Determination of Environmental Impact .Potentially Significant Impact b) Substantially'deplete groundwater supplies or [ ' ] interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a Iowedng of the local groundwater table level (e.g.,"the'PrOduction rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits haVe been granted)? c) Substantially alter the exiSting.drainage pattern of the s to.or area, including.through.the alteration of the course of a stream or dver, in a manner Which WOuld result in Substantial erosion or siltation on- or off-site? d) Substantially alter the.existing drainage.pattern [ :] of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would [ ] exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of,polluted runoff?. f) ' Otherwise substantially degrade~water qUality? [ g) Place housing within a 100-year flood hazard [ ] area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other h) Place within a 100-year flood hazard area · StructUreS, which Would impede or redirect flood :flOWS? ~ i) Expose people or structures to a significant risk . of-loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Less Than Less Than Significant Significant No with . impact impact Mitigation [ ] ':ix] [ ] [ ] [ ] [ x] [ ] [ ] IX] ix] [ ] [ ] [ ] [ ] ix] [ ] [ ] ix] ] [ ] [ ] [ x] ] [ .] [ ] [x] about 16.3 square miles those trends in a roughly southeasterly direction through the center o£ the City. The Colrn~ Creek watershed is one of the three largest in the County. The basin is bounded on the northeast by San Bruno Mount~ and on the west by a ridge traced by Skyline BOulevard. Dominant topographic features o£ the drainage basin include tw~o relatively straight rnount~i~ ridges that diverge toward the southeast that are connected by a low ridge at the northern bounrt~ry o£ the INITIAL STUDY / MITIGATED NEGATIVE DECLARATION HILLSIDE TOWNHOMES · PAGE 33 -190- ~ea. The valley enclosed by the ridges widens toward the southeast wh~e k ckains into San Francisco Bay. a) Violation of Water Quality Standards or Waste Discharge Requirements Impact Threshold of Sign~canre: The Project would have a significant environmental impact if k were to result in any violation of existing water quality standards or waste discharge requirements. Provided that the future residents occupying the site adhere to existing waste discharge regulations, the Project would present no impact. b) Deplete or Interfere Substantially with Groundwater Impact Threshold ofoCignificance: The Project would have a signi~cant environmental impact if it substantially depletes groundwater supplies or interferes substanriall7 with groundwater recharge such that there would be a net deficit in aquifer volume.or a.lowering of the local groundwater table level. The proposed Project would be located in.an urban area ~.and would receive its water supply'from existing 'local in fi'astmcture, thereby not depleting the.local.groundwater supply. The.proposed building structure would be an impervious surface .over the land that would.to some degree impede rechar~g of local groundwater. However, since: groundwater resources are not used in the Project area, this impact would be less :th~sig~itTcan~ . c) Alter Existing Drainage Patterns/Erosion .and Siltation Effects Impact Threshold of $ign~vance: Project would have a s~omificant, environmental impact if it were .to SU~s~ ~?).l_y dt_e_r t~a_e~ .e_~s_~g ~_~ ge_p_a_tt_gm_o~ f the_site in_ a_ mamaer, ~hich_w_ould result irv .................... substantial erosion or siltation. The proposed Project would be built on a site that is vacant and surrounded by fully developed parcels. The proposed project will not alter .drainage patterns. The proiect will be required to collect and convey storm water zunoffinto the City's storm drainage system. There would be z~o impact related to altered drainage patterns or siltation at the Proiect site. d) Alter Existing Drainage Pattems/Floorling Effects Impact Threshold of Significance: The Project would have a significant.environmental impact if it were to substantially alter the existing drainage pattern of the site or area or substanhally increase the rate or amoumt of surface runoff in a mariner that would result in floorting on- or off-site.. It is not expected that the proposed.Project would alter the existing drainage pattern of the site, nor would it substantially increase the amount of surface runoff, since the site.is currently partially INITIAL STUDY / MITIGATED NEGATIVE DECLARATION HILLSIDE TOWNHOMES ° PAGE 34 -191- developed with impervious surfaces and the total site area is only 1.4 acres. Because the Project site is only 1.4 acres, no/mpact related to substant~l increased surface nmoff. e) RunoffExceerllng Dmln~tge SYstem CaPacity/IncreaSe P°llutedRtmoff Impact ThreshoJd of~fign~cance: The Project would.have a significant environmental impact if it were to create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. · IMPACT 2: Storm rtmoff. The project will be required to collect storm water on-site and convey it to the City's storm drainage system. The drainage system is adequate to accommodate the increase runoff. Soils at the' Project site Will be susceptible to erosion dnri,g construction activities that could result in a potentially si~cantimpact &,ring · construction ~ml ess runoff is controlled. · MITIGATION MEASURE 2: SWPPP. prior to the issuance of any permit, the applicant shall submit a Storm Water Pollution Prevention Plan (SWPPP) and a~ Erosion Control Plan to the City Engineer. 'The SWPPP shall include Best Management Practices in accordance with:'the'regulations outlined in the Association of Bay Area Governments Erosion and Sediment Control Handbook. The plan Shall also include storm water pollution control devices and filters to be installed to prevent'pollutants from entermg the City's storm drain system.and San Francisco' Bay:'ThePla~ sh~ll be subject to renew and approval of the City Engineer and the City's Storm Water Coordinator. With implementation of rhi.q mitigation measure,'the project would have a less than a Mgrdt~cant f) Otherwise Degrade Water Quality Impact Threshold of Significance: The Project would have a significmt environmental impact if it were to degrade water ql~lity. The proposed Project would create impervious surface area on the Project ske and w/il drain into the City's storm drainage system. Because the site is relatively small; '1:4 acres, and '~imilar irt character and use as the other nearby residences, there would be x~o impact on water quality from point source water pollution at the Project site. g) Place Housing Wi*hln _8 100-Year Flood Hazard A.rea Impact · Threshold of .,f ign~cance: The Project would have a significant envirox~mental'impact ff it were to place any housing units withi, a designated 100-year flood hazard area. INITIAL STUDY I MITIGATED NEGATIVE DECLARATION - 19 2 - HILLSIDE TOWNHOMES · PAGE 35 The Project ske is not wi,Bin the 100-year flood hazard area (Flood Insurance Rate Map [FIRM] Panel I of 12, Community Panel # 065062 00002B, dated September 2, 1981 prepared by the Federal Emergency Management Agency). Therefore, the project would have no impact h) Place Structures Which Would Impede or Redirect Flood. Flows Impact Threshold of Signifirance: The Project would,have a s/gnificant .environmental impact git placed any structures ina manner, which would impede or redirect.flood flows. The Project site is not located in a 100-year flood hazard zone7 and therefore would have ~o impact related to the placement of a strucrare ha such a way that it would impede or redirect flood flows. i) Expose People or Structures to Flooding Hazards Impact Threshold of Significance: The Project would have a significant environmental impact if'it ~ere to result in the exposure of people or structures to flooding hazards. Development of the proposed Project would not expose any people or :structures to flooding hazards and therefore would have .a aao impact. j) Inundation by Seiche, Tsunami or Mudtlow Impact Threshold of Significance: The .Project would have a s~gnificant environmentalimpact ff it were to result in the exposure of people or structures to h~ards from seiche, tsunami or mudflow. Development of the proposed .Proiect would not expose any people or structures to.ha~.ards from s~_qhe~, tsunami or mudflo_w mad_there£ore_xv_o~lfl h~_~_n.o_im_pacn IX. Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Less Than Less Than Significant Significant Significant No Impact with impact Impact ,'Mitigation LAND USE AND PLANNING -- Would the Project: a) Physically divide an established community? [ ] b) Conflict with any applicable land use plan, [ ] policy, or regulation of an agency with jurisdiction over the Project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation [ ] plan or natural communit7 conservation plan? [ ] [ ::] :[ x.] [ ] [ ] [x] [ ] [ ] ix] Brady ~nd Associates, East oflOI .,4ma Plan, adopted July 1994, p.106. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION HILLSIDE TOWNHOMES · PAGE 36 -193- Settings South Sm Francisco has a distinctive land use pattern that reflects the decisi°n to initially loCate homes and businesses west of the industries supporting the town in order to talre advantage of topography and westerly winds. Artother development trend that shaped the arrangement of uses was the extensive residential development that occurred during the 1940s and 1950s, creating large areas ~lmost entirely developed with single-£~rnily hOusing. As a result, SOuth San Francisc° is' largely comprised o£ single-use areas, with industry in the eastern and southeastern pOrtionS of the City, single family homes to the north and west, commercial uses along a few transportation corridors, md multiple family homing clustered in those s~me corridors and on hill.4des. a) Dividing an Established Comm~_mity The proposed Proiect would have po/mpact related to the :divisiOn of an eStabliShed community. b) Confllct with Land Use Plan The Pro}ect site is currently zoned Medium Density Residential District (t[-2-1-t) and is part o£ the Sign Hill pl~n~ing Sub-Area as defined by the City of South San Francisco General Plm. The site's General Plan designation is Medi~m Density Residential. This designation. accommodates single family md towrthome development~ All development is SubieCt to design and landscape st%dardsfi The proposed Proiect is consistent with the following' General Plan poliCies: '3.9-G-1 :Maln,~in the cUrrent land me-pattern'and character of Sign Hill. The site's current R-2-H zoning allows both the proposed density and type of building. The proposed density of 11.4 units per net acre compares with the maximum permitted density of 18 ~f~ p~n~t.a~`/~6w~by-t~ieG~~an`and~h~e~H-densi~y~f-~5-un/tsper.net~a~re-of ................... as provided in the City's Zouing Ordinance. The builrllug is similar.Io developments in the immediate vicinity and has been favorably reviewed bY the.C~ty, S Design Review Board. The project.is consistent with the City of South Sau Francisco General Plan land use policies, and Zoning requirements, thereby constituting no impact, c) Conflict with:Conservation Plan Coastmction at the ?ro)ect site would aot conflict with any consenratioa.plan, there£ore po impact would occur. City of South S~a Francisco, South San 2~randsro GeneralPlan, 1999. Ibid., 1~.43. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -194- HILLSIDE TOWNHOMES · PAGE 37 Environmental Factors and Focused Questions.for Determination of Environmental Impact Potentially: Significant Impact MINERAL RESOURCES -- Would the Project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? ,iLess Than : Less Than Significant Significant No with Impact Impact Miti[lation [ ] [ ] :[ ] IX] [ ] :[ ] [ ] [ x] No mineral resources of value to the region and the residents of the state have been identified at the Proiect site. The Proiect site has not been delineated as a locally important mineral recover7 site on the City of South Sm FrmciscO General Plm, on any specific pl~, or on any other !and use (a./b.) Result in loss of mineral resoUrces. /m_pact ' ' Thnshoid of Signifiranre: The Proiect would have a significant' environmental impact if it were to result /n the loss of ava/lability of a 'known mineral resource that would be. of valUe to the region and the residents o£ the state, or//it were to result in the loss of availability of a locally-imporumt mineral resource recovery site delineated on a local general pl,o;.Specific pku or Other kud use pku. The proposed development at the Project site w°uld n°t: affeCt the ava/lability of and would have no impact on any known rnlneral resource, or result k~ the loss of availability o£ any locally importmat resource recovery site. XI. Environmental Factors and Focused Questions for Determination of Environmental impact Potentially Less Than Less Than Significant .'Significant Significant No Jmpact with ' ,Impact Impact Mitigation NOISE -- Would the Project: a) ExPosure of persons to or generation of noise levels in excess of standards established in 'the local general plan or noise ordinance, :or applicable standards of other agencies? b) Exposure of persons to or generation of excessive grcundborne vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the Project vicinity above levels existing without the Project? d) A substantial temporary or pedodic increase in ambient noise levels in the Project vicinity above levels existing without the Project? [ ] [ ] [ ] ix] [ ] [ ] [ ..] [ x] [,x] [ ] [ ] [ ] [ .] [ x] [ .] [ ] INITIAL STUDY/MITIGATED NEGATIVE DECLARATION HILLSIDE TOWNHOMES · PAGE 38 -195- Environmental Factors and Focused Questions for Potentially Less Than Less Than Determination of EnVironmental Impact Significant · Impact e) For a Project located within an airport land use [ ] plan or, where such a plan has not been adopted, within two.miles of a public airport or public use airport, would the Project expose people residing or working in the Project area to excessive noise levels? f) For a Project within the vicinity of a pdvate [ ] airstrip, would the Project expose people residing or working in the Project area to excessive noise levels? ·Significant with Mitigation [ ] Significant No impact Impact [ ] ix] .[ ] [ x] Noise is generally defined as unwanted sound. Whether a sound is unwanted depends on when and where it occurs, what the listener is doing when it occurs, characteristics of the sound (loudness, pitch and duration, speech or music content, irregnla~qty) and how intrusive k is above background sound levels. In determining the rtaily level of environmental noise, it is important to account for t_he difference in response o£people to day'time and nighttime noises. During night-Hmo, exmrior background noises are generally lower than daytime levels. However, most household noise also decreases at night and exterior noise becomes more noticeable. Further, most. people sleep at night and are very sensitive to noise intrusion. Residential and open space recreational uses ~re generally considered to be nome-sensitive uses or sensitive receptors. There are many sensitive receptors in the site vic/r~i.r7. Ica 'South San-Francisco,--the Noise-Element. of{he-City~s-Generat PLm. -(-1999)-contains--land-use ......... cdreria for noise-impacted areas. These criteria define the desirable rna,xqrnUl/1 noise exposllre of various land uses m addition to cerr~in conditionally acceptable tevels contingent upon the implementation of.noise reduction measures. These criter/z indicate that noise levels of.less than 65 dBA (CN-~.I.)~° are acceptable noise levels for.residential areas. The South San Francisco Noise Orrt~n,nce (Chapter 8.32, Noise Regulations, Section 8.32.030) specifies the rn~rnum p~-rmi~sible sound levels for residential, commercial and industrial land uses. The Project ske ~s zoned '2vledi;~rn Density Residential' (1{-2-I-I)," :and the.noise level stanH~rd for The decibel (dB) is a logarithmic unit used to quantify sound intensity. Since the hnm~ ear is not equally sensitive to all so,md frequencies ~fithin the entire spectrum, human response is 'factored into sound descriptions in a process called "_~-welghfing" mum as "dBA". CNEL: Community Noise Equivalent L~rel Because community receptors are more sensitive ro unwanted noise intrusion d~ng the ew-i,~g and at night, state law requires that for pl,~i~g purposes, an artific~,l dB increment be added to qmer me noise levels in a 24-hour noise descriptor called the Comrnma~U Noise Equivalent Level INITIAL STUDY ! MITIGATED NEGATIVE DECLARATION - 1 ~) 6 - HILLSIDE TOWNHOMES · PAGE 39 thi.~ zone is 50-60 dBA (Lsa).~* Shorter. periods of noise levels kigher rh,n these l/mits are allowed, but only for specified periods of time. Specifically, the stan3~rd +5 dB for more.rh,n 15 minutes, the smuct~rd +10 dB for more th~m 5. minutes, and the.sta~rt~rd +15 dB,for more than one minute in any hour are used. The stanrt~rd +20 dB cannot be exceeded for any period o£ rlme. However, where the existing ambient noise level already exceeds the above noise limits, the ambient noise level becomes the standard. The South San Francisco Noise Ordinance (Chapter 8.32, Section 8.32.050) restricts construction activities to the hours of 8:00 a.m. to 8:00 p.m. on weekdays, 9:00 a.m. ro .8:00 p.m. on SaturdaTs, and 10:00 a.m. to 6:00 p.m. on Sundays and holidays. This °rctin~nce also limits noise generation of any individual.piece of equipment to 90 dBA at..25 feet or at the property line. a) Exposure of Persons To or Generation of Noise Levels in Excess of Standards Impact Threshold of Signifivanre: The Project would have a significant environmental/rnpact//it were to result in exposure of persons to or generation of noise levels in excess of standards establi~hedin the City of South San Fmucisco General Plan or the City's Noise ,Ordinance. T~c. Implementation of the proposed Proiect would increase traffic noise levels along local streets due ro Proiect-generated traffic. It is anfictpated that rr,;-fic related noise increases ..associated with .the Proiecr would be m/n/mM due to the iow level of Proiect-related traffic increases on local roadways. In general, a doubling of traffic volumes would be required to result in ,a 3-dBA noise increase in a traffic-dominated noise environment, and a 3-dBA noise increase.is barely perceptible to most people. Proiect-related tra/fic increases on local roadways (well below a 100 percent increase) would result in traffic noise increases well below 3 dBA. · Mec/~a~'c'a/Equiprnen~ Implementation o£ the proposed Pr.o_ject could increase ~mbient noise levels in the Project vicinity due to the operation of meeh,nlcal equipment such.as.air conditioners. The knpact of the mech,nical devices would be considered less nan S~m/t~cant prodded that the noise level produced by it conform.~ to the City of South San Francisco Noise Orclin~nce. b) F_,xposure of Persons To or Generation of Excessive Groundbome Vibrations or Groundborae Noise Levels Impact Threshold of Significance: The Project would have a significant environmental effect flit were ro eX-pose people to, or generate, excessive groundbome vibrations or groundb'ome noise levels. It is not expected that the development would generate excessive groundbome vibration or groundbome noise. However, because the development is adiacent to I-lilt.qide Boulevard, a rnaior arterial roadway, it is expected that the Project residents would be.exposed to .groundbome vibration and roadway noise. The City's General Plan Noise element identifies that.the traffic.along Hi]l.~ide The noise limit that cam~ot be exceeded for more th,~ 30 rn4~utes in arty hour (50 percent.of any givem hour). INITIAL STUDY/MITIGATED NEGATIVE DECLARATION HILLSIDE TOWNHOMES · PAGE 40 -197- Bouievard generates up to 65 dB Comm-~ity Noise Equivalent LeVel (CNw, T). The Noise Element Policies 9-I4 thzoUgh and indurting Policy 9:1,7, will require that the~development design the intetiok of the units .to a ro~xqm,~m level Of 45 decibel. Normal construction will typically achieve a 10 to 15 decibel drop. · IMPACT 3: The future residents w/il be exposed to high decibel levels resulting in a potentLa]ly significant impact. · "MITIGATION .M2EASURE 3: :Prior to the iss~ce of a Building Permit the applicant shall have a q,,~lhqed acoustic engineer reviewthe ConstructiOn plans and identified methods t© achieve an interior acoUStic level of 45 dB CNF_,L and comply with the policies cont, ined in the City's Noise Element of the General Plan. The proposed consultant Shall be subject to the review and apProVed bY the City's chief Planner. prior. to the Final Inspection, the applicant's consultant shall take interior acoustic measurements in the dW~_llings and'sUbmit:a'rep0rt to the City~s Chief With implementation of the mitigation measure,' the impact shall be reduced to less than si _iScan c) SUbStantial Permanent Increase in AmbiemNoiSe'Levels Threshold of Sign~canCe: The Pr°jeck wOUld havea ~ifieant envirsnmental imPaCt if itWere to result in a substantial p~ent increase in ambieaxt noise leVels in the PrOject vi~ ab°ve levels · . . exis6~g without the Project Although site preparation and the implementation of the. proposed Project would be expected to - zesultin-a ,tempOrazysincrease-i~ '~ mbient n Ois e- -l~--in. _thei_p_r o j ect fyi ~-ityllit-is-n°t :~ dcted-that i_._i .......... on-going-operationS at the prOject site' wOuld result in a Substan~ perm,hent increase in ambient noise levels, thereby representing ~0 iml~aCt. d) Subst__~ntial Temporary or Periodic Increase in Ambient Noise Levels Threshold of ,f ign~came: The Project would have a significant environmental impact if k Were tO result in a substantial temporary or periodic increase in ~rnbient noise levels in the Project vicinity above levels existing without the Project Dmqng site preparation and construction at the Project site, operation of heavy equipment could result in a substantial temp°rar7 increasein ambient noise levels in the vicinity °fthe'=Project site. · IMPACT 4: construction. Related NOise. Project COnstrUCtion'Would result in temporary short'term noise increases due to the operation of heavy equipment. This would be a poten~ally Mgn~cant im~act associated with project development. Construction noise sources range ~om about 82 to '90 dBA at 25 feet for most types of INITIAL STUDY / MITIGATED NEGATIVE DECLARATION - 19 8 - HILLSIDE TOWNHOMES · PAGE 41 construction equipment, and Slightly higher levels °f about 94 m 97 dBA at 25 feet for certain types of earthmoving and impact equipment. · 1VIITIC~TION MEASURE 4: Limitation of Conatmction Hours/Noise Abatement. Prior to issnan ce of any permit the applicant shall provide the City with a construction plan that includes measures to reduce construction noise. The plan shall be subject to the review, and approval o£ the City's Chief Planner Assuming construction noise levels comply with the 90-dBA noise limit and hourly restrictions specified in the City Noise Ordinance and comply with the mitigation measure, construction-related noise impacts could be reduced to a level o£1ess than Items e and f) Location in Vicinity of a Public Airport or Private Airstrip Impact Thr~sho]d of Sign~vanve: The Proiect would have a signi~qcant environmental impact if it were.located within an airport land use plan (or, where such a plan has not been adopted, within two miles of a public airport or public use airport)if it wouldexpose people residing or worlring in the Proiect area to excessive noise levels, or if it were located within the vicinity of a private airstrip, if it would expose people residing or worl~ng in the ?roiect area to excessive noise levels. The South San Francisco Noise Element (1999) cont, in~ existing and future. (2006).airport noise contours associated with San Francisco International Airport, located.south o£:the site. These contours indicate the Project site is located outside the 65-clBA (CNF_L) ~ and future airport noise contours. Projected contours for road and railroad noise are als° included in the Noise Element These contours indicate that the Project site is located in an area where noise levels .generated by air .overflights noise sources w/il continue to be less th,~ 60 dBA (CN~.T,). Based on the City's land use critmia, the prgpps~d prqiect _ygqu!d_be.~gm~g.fib!~e with. _fsutuz_e noise level:projectionsJn:t_he2~rojeCt~ricinity_of.less than 60 to 65 dBA (CN~,T ~), thereby representing no XIl. Environmental Factors and Focused Questions for .Determination of Environmental Impact Potentially Significant Impact POPULATION AND HOUSING -- Would the Project: a) Induce substantial population growth in an area, either directly (for example, by proposing new · homes and businesses) or indirectly (for example, through extension of roads or. other 'infrastructure)? b) Displace substantial numbers of eXisting , housing, necessitating the construction of 'replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housin~ elsewhere? [ ] Less Than Significant with Mitigation [ ] [ ] [ ] Less Than Significant No Impact .Impact [ ] IX] [ ] IX] [ ] IX] INITIAL STUDY/MITIGATED NEGATIVE DECLARATION .HILLSIDE TOWNHOMES · PAGE 42 -199- Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially ,Significant Impact Less Than .Less Than Significant .significant No with Impact Impact Mitigation Items a thru c) Population and HoUSing Impact Threshold of Significance: The ?roject Would have a significant enxrkonmental impact if it were to induce subst, ntial population gxowth, oz flit wee to result in the displacement o£ substant~ numbexs o£ existing housing ,mits, oz in the displacement o£ subs*,ntial n~mbezs off.people living at the Project site. ' : The pxoposed Project would not entail the extension of infzasttucvaze that could support additional xesidential or commercial developrnentl It would involve ~the cOnStrUcfion of only 16 new dwHli~, and because the site is vacant it would not result in any displacement. Therefore, the ?zoject would have no impact on poPuLation or housing in the axea. Environmental Factors and Focused Questions for Determination of :Environmental Impact Potentially Less Than Less Than :Significant Significant Significant No Impact with .Impact Impact Mitigation PUBLIC SERVICES -- a) WOuld the Project result in SUbstantial adverse physical impacts associated with.the provision ofnew orphysical!y.altered.governmental ' facilities need for new or physically, altered 'goVernmental facilities, the COnstruction Of · which COuld cause significant environmental · '.impacts, in order to maintain acceptable service ratios, response times,or other performance ObjeCtives for any of the public services: i) Fire protection? ii) Police protection? iii) Schools? : iv) 'Parks? . v) Othe[.public facilities? [ i] [ ] [ [ ] [ ] [] [ ] [ [ ] [x] IX] [ ] ix] [ ] ,[ x] [ .] ,[.x] [ ] [ ] [ ] Impact Threshold of Significance: The ?roiect would have a s£gnificant environmental impact if it were to result in substanl~ adverse physical impacts associated with the provision of new o~' physically alt~ed goveen~ental facilities, the construction of wkich could cause significant environmental impacts, in ozde~ to maintain acceptable service ratios, response times or othezperfovm~ce objectives :for fire protection, pohce protection, schools, parks and recreational facilitieS, or other gove~enment facilities. IMPACT 5: The proposed Project, due to its sm~]l size, ~ould gene_tally phce a less ~sa~ signifTcantincteased demand on City of South Sa~ Francisco pubhc services. However, a INITIAL STUDY / MITIGATED NEGATIVE DECLARATION - 2 0 0 - HILLSIDE TOWNHOMES · PAGE 43 P.G.& E. electric pox, er transrni.qsion line crosses the easterly portion,of the site and will need to be relocated off the site. The power line apparently serves the ]~,llrs Lodge. No easement appears to have'been recorded to allow the power pole and power line to be constructed across the site. For safety and aesthetic reasons City policy does not allow power poles nor power transmission lines to be above.ground in new developments, and the sire plan does not allow the power lines to be underground across the site. This is a potentially significant smret*,Fimpact if the line zs not relocated. MITIGATION MEASURE 5: Prior to issuance of any permit the applicant shall provide the City with a construction plan for a new power transrni.~sion line to replace the existing 1/ne that traverses the site. The plan shall be subiect to the review and approval of the Citfs Chief F~ngineer. XIV. Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Less Than Less Than Significant Significant Significant No Impact with Impact Impact Ui~[lation RECREATION -- a) Would the Project increase the use of existing [ ] neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the Project include recreational facilities [ ] or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? [ ] [ ] IX] [ ] [ ] ix] Items a_and_b)_Recreation Impact Threshold of Sie~ificanve: The Project would have a s/gni~cant environmental impact/f it were to result /n an increase in the use o£ existing parks or recreational facilities such that substant/al physical deterioration of these fa~lities could be anticipated, or ffk were to include recreational facilities, the construction o£which might have adverse physical effects on the environment The Project Would have no impact on parks or recreational facilities since it invOlves the construction of only 16 new dwellings. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION HILLSIDE TOWNHOMES · PAGE 44 -201- Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact XV. TRANSPORTATION/TRAFFIC -- Would the Project: a) 'Cause an increase in traffic, which is substantial in relation to the existing traffic Icad and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersectionS)? b) Exceed, either individually.or cumulatively, a Level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, · including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves Or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bic~mle racks)? [ ] [ ] [ [ [ Less Than ·Significant .with Uiti[lation [ ] Less Than Significant No mpact Impact [ x] [ ] [ ] [ ] ix] [ ] ix] ix] [ ] [ ] ] ] [ ] [ ] [ ] ix] ] ~[x ] [ ] ] [ ::] [ x] A p~rldng md CLrcularion Study was not prepared for the Project owing to its sm,l] size, 16 dw~_llings and less ~,n 14 acres. The Project site is served directly Hillside BOulevard, while regional access is provided by the U.S. Highway 101 and S.R. 280. Highway 101 md S.K. 280 are eight-l~e .freeWays that provides regior~l access to the Project area. They extend from downtow~ San FranciSco md n°rthem.C~lq~omi~ to Los _Amgeles md southern. California. Ridgeview Drive is a residential collector. It has twfro travel lanes with limited on, street p~rl&ng along the both sides o£ the street. The speed limit is 25 miles per hour and provides access between the dwellings on Sig~ Hill and Hillside Boulevard. a) Cause an Increase irt Traffic, Which is Substantial in Relation to Existing Traffic Load and Capacity of the Street System Impact Threshold of Sign~cance: Project impacts would be significant if they result in any of the following conditions: INITIAL STUDY / MITIGATED NEGATIVE DECLARATION - 2 0 2 - HILLSIDE TOWNHOMES · · PAGE 45 · The Proiect would exceed 100 net new peak hour tips on the local roadway system. Signalized intersection opatation would change &om LOS A, B, C or D to LOS E or F. Movements or approaches at unsigmlized intersections would change from.LOS A, B, C, D or E to LOS F. Proiect traffic would increase Base Case volnmes at an un~ed intersection to meet peak hour sig~,l w~ant chtem levels. The proposed Proiect would increase traffic entering an intersection by two percent or more with a s/gnalized or all-way stop Operation already at,.a Base Case LOS E or F, or'when the intersection is a stop sign controlled and already operating at. LOS F. · The proposed Proiect would increase in traffic entering an unsign~li~.ed intersection by two percent or more with Base Case traffic levels already exceeding signal warrant ctitari, levels. · The Project worsens traffic, pedestrian or bicycle safety, Impacts at Project Driveways. The Proiect will be served by two driveways. The primary entry w/ii be on Ridgeview Drive adiacent to Stonegate.Drive .and the second entry will be further south om Ridgeview Drive. A Traffic Sight l,ineS.tud7 ~ras prepared £or the proiect by-the proiect engineer, Charles 5X7. Davidson Company, dated .October 2002. The study determined that the sight line of the new private street on Ridgeview Drive 'are .adequate. Internal Circ;~lation. The intern,] private street would accommodate two-way traffic fiow. The p~rld~g for the dwMli~gs will be provided on the individual lots with ~addifional p~rldng spaces awil~ble on the driveway .aprons. Overall, the.internal .circulation plan meets City development st~nclards. The proposed 16 new dwellings are ,estimated to generatea met increase of 160 ADT and 16 vehicle trips dm4ng the commute peak traffic hours. The capacity of the ..existing streets is estimated by City staff ar 1,200 vehicles per hour and 28,800 vehicles:per.day. Based on City records and field observation conducted by City staff, the streets are far under the design rated capacity. The net increase m traffic ~ result in a less,than sig,nilTcant impact b) Direct or Cnm~fl~_tive Increase in Traffic Which Causes a Congestion Management Agency Standard to be Exceeded Impact Threshold of Significance: The Project would have a significant environmental impact if it were to result m a direct increase in traffic that would cause a Congestion Management Agency stand~rd to be INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -203- HILLSIDE TOWNHOMES · PAGE 46 exceeded, or contribute subst~,wially to a c~mulative increase in traffic that would cause a Congestion.M~nagement Agency standard to be exceeded. The Project would have ~o impact related to an exceedance of a Cortgestior~ M~nagement Agency level of service standard. c) Change in Air Traffic Patterns Impact Threshold of Significanve: The Project would have a significant environmental impact ffk were to result in a ch~,~ in air traffic patterns that results in substantial safety risks. The Project would have no impact on :air traffic patterns. d) Hazards Due to Design Features Impact Threshold of Significance: The Project would have a sigmificant.environmental impact if it were to substantially increase hazards due to a design feature or incompatible uses. [] IMPACT 6: A Traffic Sight I,ine Study o£the project entry drive at Stormgate Drive was prepared by Charles W. Davidson COmpany.and reviewed bY the City's Engineering Division, staff. The ,study authors determined that ,the driveway :location met'City .stan3~rcls subject to the landscape plan b~_i~g revised t° allow only ground cover and ~p~rldr~g being prohibited in the :same location. 'Should taller plants'be allowed the sight line would be obstructed creating an unsafe line 'of sight for motorists. · l MITIGATION MEASURE:6: The.finallandscapePlans shall incorporate the .......... -rec-ommeadations-o f-the~Tzaffic 1 ,in e._of_Sight_Study_pret~ared_by_Ch ~ rl es_W_.JD~a~vidson .Company, dated October 30, 2002, and provide only ground cover in the area from the Project's Stonegate Drhre/Ridgeview Drive'entry along Ridgeview Drive for a distance of approMmately 150 lineal feet. The plans shall be subject to the review and approval of the City's City Engineer. Prior to the final inspection the applicant shall incorporate a :provision in the Covet~ants.Conditions and:Restrictions reqni~4ng that the Homeowner's _A_ssodation limiting planting in the affected area to ground cover 'for the life of the project· and that any change in landscaping will require approval by the City's' City Engineer and the Chief Planner. The applicant shall be required to post signs prohibiting p~rlring along Ridgeview Drive inthe vicinity :of the prOject,entry near Pl{ll.~ide Boulevard as determined by the City F, ngineer. . With implementation o£ the mitigation measure the proiect will not create nor .substantially increase any hazards resulting in ~o ~rn/mct~ INITIAL STUDY / MITIGATED NEGATIVE DECLARATION - 2 0 4 - HILLSIDE TOWNHOMES · PAGE 47 e) Emergency Access Impact Threshold ofoeign~rance: The Project would have a significant environmental impact git were to provide in,dequate emergency access to the Project site. The proposed Project would involve construction in a manner consistent with City of South San Francisco building codes. The.dwe_llin~ and street will be constructed in accord~ce with City standards including fire access. There would.be no £mpmct related to inadequate emergency.access to the site. ' f) Parking Capacity Impact Threshold (Significance: The Project's impact on parking shall be considered significant if the Project does not meet the City of South San Francisco's p~rki~g space requirements and/or the proposed parking plan is adequate and meets City sr~nCtards. On-street parking is allowed on I-tilMde Boulevard and Ridgeview Drive abutting the development sire. The development would result in the loss 'of appro~mately 10~ on-street parking spaces due ro the creation of two driveways and the need to provide for adequate sight line for the new driveway at the intersection for Stonegate Drive and Ridgeview Drive. The toss. o£ these spaces is' appro~m,tely 29% of the total 34 available spaces abutting the new development. The.parking along I4ill6de Boulevard appears to be seldom used. The development w/il.provide omsire parking for all of the new dwellin~ and visitor parking in conform,ncewith the 'City's p~rlring requirements (SSF1VIC Chapter 20.74). The use of a private street to access the new dwell~s will result in samg many more on-street spaces, than if the new dwellings were accessed directly from Ridgeview Drive. ThereEore, the impact will be less than s~ni~cant. g) Alternative Transportation Setting Tra~2sit se~6ce in the study area includes local bus serv/ce, shuttle service and re, omi Bus Service. The San Mateo County Transit District (SamTrans) provides bus:service in the study area along the following ronres Routesl30, 131, 133 and 32, 34, 35 and 36. Both Routes 130 and 131, providing service to BART stations, operate with 30-minute.peak period headways and 60- minute non-peak headwaTs on weekdays and 60-minute headways on Saturdays. The remaining routes provide comm~mi .fy service, and operates with limited service dnring the weekday. Caltrain. Caltrain provides rrm service between Gilroy, San Jose and San Francisco..The nearest station is located on the comer of DubUque Avenue and East Grand Avenue in South San Francisco. Trains operate every 15 to 20 minutes during commute periods and hourly 'during midday. INITIAL STUDY [ MITIGATED NEGATIVE DECLARATION - 2 0 5 - HILLSIDE TOWNHOMES * PAGE 48 Sidewalks. Sidew~lk~ are in place along I4~ll.qide Boulevard and Ridgevie~ Drive abutting the Project site. Bicycles. The closest bicycle routes are along l-lill.qide Boulevard md Chestnut Avenue. Impact ThmshoZd of Siomificance: The Project would have a signifiCant envirOnmental impact if it were to conflict with adopted polities, plans, or progrsm s supp orthag alternative transp ortafion. As proposed, the Project would be required to construct sidewollrs along the Project site's frontage. The project will improve pedes~n access a~d safety. Therefore, the project would have no impac~ Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Less Than Less Than Significant Significant Significant No impact with ~lmpact Impact Mitigation XVI. UTILITIES AND SERVICE SYSTEMS-- Would the Project a) Exceed.wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) ,Require or result in .the construction of new water or wastewater treatment,facilities or expansion of existing .facilities, the construction of which could cause significant environmental effects? [ :t [ I [ ] [x] [ ] [ ] [] IX] c) Require or result in the construction of new [ ] [ ] [ ] [ X] ........ storm water drain age_ fa_c!lities_, or e~pa_n_~!_o_n. 0f_ [ ] [ ] ix] [ ] [ I [x] [ ] [1 ix] existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve [ ] the Project from existing entitlements .and resources, or are new or expanded entitlements needed? e) Result in a determination:by the wastewater [ .] treatment provider, .Which serves or may serve the Project that it has adequate capacity to serve 'the Project's projected demand in addition tothe provider's existing commitments? f) Be served by a landfill with sufficient permitted[ ] capacity to accommodate the Project's solid waste disposal needs? g) Comply with federal, state, and local statutes [ ] and re[lulations related to solid waste? :[ '] :'[ ] [ x] INITIAL STUDY / MITIGATED NEGATIVE DECLARATION - 2 0 6 - HILLSIDE TOWNHOMES · PAGE 49 a) Regional Wastewater Treatment Standards Imy~act Threshold (Significance: The Project would have a significant environmental impact if it were to exceed wastewater treatment requirements of the applicable Regional Water Quality Control Boar& Due to the small size of the project .md the recent upgrade and expansion .of the Waster Water Treatment Plant the Project, due to it, s small me, would have ~o fm/oactrelated to an exceeflance of wastewater treatment requirements of the Regional Water Quality Control Board. b) Water and Wastewater Treatment Facilities Water. Potable water.is provided for the City of South San Francisco and much of San Mateo County by the Californi~ Water Service Company (CWSC), which p~rchases most of its supply from the San Frandsco Water Depax~ment (SFWD). lm 1999, average water use throughout CWSC's South Sa~ Francisco District was approxqmntely 8.39 million gallons per day (mgd), with a five-year average of 7.85 mgd. For the last few years, total water use in t_his District has exceeded CWSC's "average dem~d" .SCenfll40.12 The City!s 1994 East of 101 Area l~lan estimated that water use east of the freeway would increase by 2.675 mgd by 2010. This is more than four times CWSC's average demat~d projection for total groxvth ha water use throughout the .South.San .Francisco District from 1994 tO 2010..The Water Company's es~qmates are basedon past water use, ABAG groxvth Predictions and a cOmbination of cornmercSxl, indus~al and residential development that differed from some of the City designated la~d uses incorporated into the Area Plan. In addition, the Area Plan'.s.projectior~s included an . allowance for the potentially kigher water demand assodated with the R&D fadlifies and ra~ counter to CW$C's actual records, which indicate.that industrial water use in the South San Francisco Dismict declined by 57 percent from 198! to 1999, £~lling from 35:percent to 13 percent. of District-wide demand.' In spite of these, differences in l~ad use assumptions and resultirtg water demand estimates, CWSC currently determines that it has sufficient resources to accommodate continued groxvth within its service area. The Calitrorni~ Water Service Company's contract with the SFWD calls for a max-imam delivery rate of 42.5 mgd, so approxqm~tely 8mgd should be available to meet urtanficipated water supply needs that exceed its 2010 projected demand of 34 mgd. As a result, there axe currently no restrictions on service cormecfi0ns for new development. Wastewater. All wastewater produced x~dthin the City of South San Francisco is treated at the City's Water Quality Control Plant (WQCP), which is located at the end o£Belle Air Road, near the ~2 Morehouse Associates, 13~tannia East Grand Proj~rt J~nvironmental lmpart iL, port, p.14-1, Octobe~ 2001. INITIAL STUDY/MITIGATED NEGATIVE DECLARATION -207- HILLSIDE TOWNHOMES · PAGE 50 edge of Sm Francisco Bay. The WQCP is jointly owned by the Cities of South San Fzan~co and San Bruno, and it treats all wastewater generated within the two cities. The WQCP also has contracts to treat most of the wastewater produced by the .City of Colma and a portion of the wastewater produced by the City ofDaly City.'These latter two mnnicipalities have a combined dry weather mocaton of 700,000 g ons per ay (gpa) at the WQCP." To accommodate continued deVelopment within the WQCP's service area, and also to allow plant operators to discontinue the me of expemive ch~-rnical additives in'the treatment Process, the plant is being upgraded to a dry weather capacity of'13 mgd. Construction was completed in late 2002. Of the 3.5 mgd of additional dry weather capacity this will make available (above current flow rates), 0.5 mgd is reserved for San Bruno and for Colma/Daly City, This will leave approximately 2.5 mgd available above current dry weather flow rates to support continued growth in South San Francisco. When this upgrade was designed in 1995, the City's wastewater consul*ants projected it would meet the service area's needs until 2015. However, development and wastewater flows have been increasing more'rapidly than expected in'recent years, so additional improvements may be needed before that date. ~4 Impact Threshold of Sign~cance: The Project would have a significant environmental impact if it were to require the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could.cause significant environmental effects. The water and sanitary lines in the project vicinity have adequate capacity to accommodate the proposed 16 dwnllin.gs.'There£ore, no imjoactwi~ occur. c) Storm Water Drainage Facilities .Impact ThmshoM of Si~ificance: The Project would have a significant environmental impact if it were to require or result in the contraction of new storm water drainage facilities or in the expansion of existing facilities, the consmuction of which could came significant environrnentl~l effects. The Project would have no jmpactrelated to the construction or expansion of storm water drairmge facilities, since theproposed Project would be implemented'in an area largely built out in an area that is connected to storm water drainage infrastructure. d) Water Supply Impact Threshold of Sign~qcance: The Project would have a significant environmental impact if it were to require additional water supply beyond that available from existing entitlements and resources. ~s IbitL, p.14-11. ~4 Ib/£ INITIAL STUDY / MITIGATED NEGATIVE DECLARATION HILLSIDE TOWNHOMES· PAGE 5'1 -208- The Project would utilize existing~rater entitlements and resources, having no impact on other water resources. : e) Wastewater Treatment Fadility CapaCity Impact Threshold of Significance: The Project would have a significant environmentalimpact if it were to result in a determination by the wastewater .treatment provider which may serve .the Project that it has inadequate capacity to serve .the Project's projected demandlin addition to the provider's ex/sting commitmentS. The Project would place a no impact demand on the area% wastewater treatment provider and would not. prevent it from fialflling itS ex/sting commitments. f) Solid Waste Disposal Capacity Impact ThreshoM of Significance: The,Project would have a significant environmental impact if it were to be served by a landfill with inadequate permitted capacity to .accommodate the Project's solid waste disposal needs. Construction and operation of the proposed Project would generate solid waste but due to it's small size would generate ,no impact' g) Compliance With Solid Waste Regulations Impact Threshold of Significance: The Project. would 'have a Significant environmental impact if it were to fail to fully comply with federal, state, and local 'statutes 'and regulations related to solid waste. Operation o£the proposed Project would be expected to be in full compliance With all federal, state and local statutes and regulations related to solid waste, thereby having no impact.. Environmental Factors and Focused Questions for Detarrnination o_f,Environmental impact Potentially Less Than Less Than Significant .Significant Significant No impact with impact impact Mifl[lation MANDATORY:FINDINGS OF SIGNIFICANCE -- a) Does the Project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? [ ] [x] [ ] [ ] INITIAL STUDY /MITIGATED NEGATIVE DECLARATION HILLSIDE TOWNHOMES · PAGE 52 -209- Environmental Factors and Focused Questions for Determination of Environmental Impact b) Does the Project have impacts that are [ ] individually limited, but cumulatively considerable? ("Cumulatively considerable" means thatthe incremental effects Of a Project are considerable when viewed in connection with the effects of past Projects;'.the effects of other current Projects, and the effects of probable future Projects,) c) Does the Project have environmental effects, [ ] which :will cause substantial adverse effects on human beings, either directi~, or indirecti~/? Potentially Less Than Less Than Significant Significant Significant · No Impact with Impact Impact Mitigation [ [ ] [ x] [x] [ ] [ ] a) Quality of the Environment Implementation of the Project does not.have the potential to' degrade the qualky of the envimnraent, substantially reduce the habitat of a fish or wildlife species, cause afish or wildlife population to drop below self-sust~Ming levels, threaten to eliminate a plant or .~im~l commtmity, reduce the number or restrict the range of a rare or endangered plant or animal Or eliminate important examples of major periods of California history .or prehi.~tory. There.are no Project- related ermrironmental impacts that would not be reduced ro a level of.tess .than :Mgni~cantth.rough the implementation of the mitigation measures identified above. b) C,,mulative Impacts The Project does not/nvolve enxfizonmerttal impacts that.are.individnal!y limite~ bm,cumulatively considerable when viewed in cormection with the effects ofpasr.proiects, theeffects of other _ct~r._ e~r_p~o_j._egr%.md_ ~_~_~C__ts_.P f_prob~ble fu__.t~_. ~_projec~_: ~TIE._~_af_e_n~ pt_OI'_eFt-~_elat_ed c) Adverse Environmental Effects on Human Beings The Pro~ect would not have environmental effects, which will cause,:sUb'sr~nfial.adverse effects on hnm~n being, e/thex .directly or ktdirectly, because the Proiect is consistent and compatible with agricultural land uses in the surrounding area. The implementation of the mitigation measures identified above would reduce potentially significant Project-related environmentalimpacrs rO.a level of less th~ s~c~t INITIAL STUDY ! MITIGATED NEGATIVE DECLARATION - 2 1 0 - HILLSIDE TOWNHOMES · PAGE 53 REFERENCES BIBLIOGRAPHY Bay Area Air Q~_mlity Management District, BAA~O~ CE, QA Guidelines: Assesdng the Air O~Quali~y Impacts of Projects and Plans, April 1996. Bay Area Air Qnsllty Msnagement District, BAAO~RiD C~O~A Guidelines, p.25,24. Bay Area Air Quality Management District, "Bay _A_xea Attainment Status" .April 1999 (ob*,i~ed at BAAQMD website: www.baaqmd, gov). Bay Area Air Qnallty Management District, Summary of Air Pollution in the Bay Aha, individual sheets £or 1995-1999; and various Press Releases, Office of Public IMovm-tion, Education Division, _August 1997 through January 2001. Brady.and Associates, East of 10! ~lrea Plan, adopted July 1994. City of South San Francisco, South San Francisco NiunidsOal Code: Tree Preservation, adopted June 28, 2000. Dyett & Bhafia, City of South San Francisco General Plan, adopted October 1999. Dyett & Bhatia, South San Francisco General Plan: Existing Conditions and Planning Issues, prepared for 'thfi"Ci/Y'k>£S6utlx Sm 'Fran~co;' September I997, Institute of Transportation Engineers, Trip Generation, 4~ Edition, 1987. Hillside Towtthomes Intersection Sight Line Study prepared by Charles W. Davidson Company, dated October 30, 2002. REPORT AUTHOR Steve Carl.~on, Senior planner INITIAL STUDY/MITIGATED NEGATIVE DECLARATION - 212 - HILLSIDE TOWNHOMES · PAGE 55 HILLSIDE BOULEVARD /'~-- PATIO ~ /' ~RIDGEVIEW C~ SITE PLAN SITE CO~RAGE SI~ AREA 1.~ AC 60,984 SF BUILDINGS: STONEgATE ESTATES SINGLE FAMILY HOMES S'FON[~,A'I~ $0. SA~I ~, CA (~e) 3~-3~g PAUL DAVIS PAR~ · m~m ARCHITECTURAL 81TE PLAN A1.1 SECTION DD Q A & B UNITS SECTION BB Q A & B UNITS SECTION CC. 0 UNIT C HILLSIDE DOUL~VARD RIOGEVIEW CT sEcTION AA e UNIT C STONEGATE ESTATES SINGLE FAMILY HOMES SO. S~N FRANCISCO, ,IOttN MAUL DAVI~ 1~~ SITE SEcTION~ Al.g FIRST FLR 809 SF LO~R LEV~'L SECONOFLR 887 SF PAN MAIN 740 SF 1 FL~OR PLANS -- BUILDING A STONEgATE ESTATES SINGLE FAMILY HOMES STONEg^~ DRIVE SO. SAN ~, CA (~) PAUL DAVI~ PAR~ BUILDING A - FLOOR PLAN8 A2.-1 BASEMENT 837 SF LOWER LEVEL FIRST FIR 887 SF MAIN LE~/EL SECOND FLOOR L ~,r-.' ,,-.o' 2ND LEVEL FLooR PLANS -- I~UILDINI~ B, eft.d/h,,,. STONEOATE ESTATES SINGLE FAMILY HOMES CA (,'mB) PAUL DAVIS P~ BUILDING B - FLOOR PLANS A2.2 BASEMENT FLOOR 91~ SF LO~-'R LEVEL 1 MAIN LEVEL ID'-O' FLOOR PLANS - BUILDING C1 STONEGATE ESTATES SINGLE FAMILY HOMES STONEGA1E DRIgE CA JOHN HANS'E~I (408} PAUL DAVIS mm mm mm ,,fi, BUILDING C2 & C2- FLOOR PLANS A2.3 LOWER LEVEL PATIO STONEGATE ESTATES SINGLE FAMILY HOMES H1LLSIgE BLVD. S~IE~A~ DRIVE CA PAUL DAVIS P~ BUILDING A- FAR EAST ELEVATION II II I-H Ill i-FI WALLS- CEMENT PLASTER J DOORS/WINDdWS- V1NYL BUILDING A - REAR ELEVATION ENTRY BUILDING A - EXTERIOR . ELEVATIONS BUILDING A FAR WEST ¢-LEVAT1ON BUILDING A - FRONT ELEVATION A3.1 ~L_L LL I BUILDING B BUILDING B LOWER LEVEL PAllO BUILDING B - REAR ELEVA'IION BUILDING B -~ FRONT ELEVATION STONEGATE ESTATES SINGLE FAMILY HOMES CA PAUL DAVIS FAR~ BUILDING B - EXTERIOR ELEVATIONS A.3.2 BUILDING C - FRONT ELEVATION L ..... I L ..... J BUILDING C - REAR ELEVATION BUILDING C - FAR WEST ELEVATION F- J BUILDING C - FAR EAST ELEVATION STONEGATE ESTATES SINGLE FAMILY HOMES ~'~OHEGA1E DRIV~ SO. SAFI ~A~, (40~) 3g~a~g TI~ PAUL DAVIS PAI~~ BUILDING C! & C2 ;. EXTERIOR ELEVATION9 A3.3 BUILDING C - SOUTH ELEVATION fWEW FROM RIDGEVIEW DRIVE) IO I't.n.r--L._l BUILDING C - NORTH ELEVATIONS STONEGATE ESTATES SINGLE FAMILY HOMES STO~OA~ DRrVE ~0, ~ ~. ~ H~ (4OB) ~g TH~ PAUL DAVIS ./% ELEVATIONS BUItDIN~ C A3.4 BUILDING A &: B - SOUTH ELEVATION IO BUILDINGS A & B - NORTH ELEVATIONS (VIEW FROM HILLSIDE DRIVE1 STONEGATE ESTATES SIN(~LE FAMILY HOMES SO. SAN FRANCISCO, eA I'AUL DAVIB ~,~ ~GTREI~T ELEVATION~ A3.5 STONEGATE ESTATES SINGLE FAMILY HOMES SO. SA~I F~ANCE~CO, (~A ~ HANI~I (4OB) 390-3069 PAUL DAVIS P~ BUILDING C I BUILDING A ~ I I STREET ELEVATIoNs & BUILDING SECTIONS A3.6 STONEGATE ESTAIES TOWNHOMES STONE. AlE I-IANSEN PreUm~nmy Plan~ List PAUL DAVIS Pretiminary PlanUn~ Plan "'~ L,1 It"B" TYPICal Hardscane o'~' (~ Unit "13' Typical Landscape STONEGA'IE ESTATES TOWNHOMES STON~OA~E DRIYE ~0. SAN FRANClS~O~A Tim PAUL DAVIS PAR~ Typicals (~.nlt "C" Tvnlcal Ha~lscape ~'~_Unlt "C" Tvolcal Landscape =t0'~" ~ l"=10'4T' -234- IDGEVIEW '---PC.,~N - SHEEt C~ PA"F1, · ~ ~,I~A~E-~ HAIN LIVIN~ LSITE PLAN DITE GOVERA®E ~IT~ AREA 1.4 AC,, 80,chD4 DF IDUIL[21N®D: LOT AI:~EA 60,q~¢- DF'. LA~APIN~ t~.~5~ ~ 21~ % ~l~ A~A 4D,~2 ~ .~ FAR UNiT LOTI. AF~F__~NLOTFLAR.EA~ FAR BAE~EH~-NT~SAEAeF-'/ C, OVERAE~E I A I J 2~ 22,~ .~q 41D~ 12~ D2~ ~ 2~5 ~ .~6 415 ~ 1~2 ~F 2~2 ~ 24~ ~ ~ 415 ~ 1~2 ~ D~ ~ 24~ ~ .&q 415 ~F 1~2 ~ 22~6 ~ 20~ ~ .~1 1~2 ~ 10~2 ~ 2262 5F: 20~ ~ .qO 1~2 ~ IOD2 ~ AVEt~A~E HEI~-iT D,O'-D5' ALLOk'"~E) FI~:DNT: I&' HIN. > 15' ALLOI'NI~2 AT ALL ~ ST'P-._----ET FRONTA~E~h~X~EPq-ION ~,, ~ lot I6) SECTION DD @ A & B UNITS SECTION BB @ A & B UNITS SECTION CC'@ UNIT C t'"lJL T I Pt. IR.P(~-oE FLEX BATH 80q SF L~ V'AR. IEc. LIMIN~ II~tlB III ~1111 II Illllllll~~ 5ECONP FLP-. 88~ 5t= ~ITCHEN PAN UNIT LOF',ER. LEVID.. HAIN ~ 2ND LEYF_L En2~ E4= "/~ E,F ~, LOT I 8,8,"/ 5F 8,14 5F ~, LOT I "140 ~ ~'/ ~ ~, LOT I 24D& E,F LIVIN~ 2211 D= LIVIN.(D e LOT I 415 E~= 415 ~F ~ LOT I 1~02 ~f 12=~[ ~f e LOT I 20'X20' CLEAI~ IN~II2E 41.5 MAIN LEVEL 20,_~1. IIIIIIIIIIIIIIIIIII PAtiO ~ FAHIL¥ LOWER LEVEL UNIT LO{,"~ LEV'EL HAIN LEVEL 2N~ LEVEL h-'J DE~K LIVINg, lc~zD<DH DININ(5 EN'T~¥ K, ITC.t-IL=N PAN MAIN LEVEL I L '~'--~" BAStElvIENT FLOOR ~11 ~F P6~J_L I~C.H C. LO~T D'xS' 24'--O" LOWER LEVEL HAfN LEVEL IC;~2 .~F ~160 ~ ~, LOT~ 15t~ tG 20442 E:4:= LIV'IN~I~:~ 5F LIV'IN~ ~ LOT~ ~111 ~F ¢~,~I ~ e LOT'5 LIV'IN~ FIRE, T FLR IOO2 ~F DINI~S KITf, HEN PATIO 4'-0" I~IAIN COI.OR L BUILDING A - FAR EAST ELEVATION BUILD BUILDING MATERIALS: ROOF - CEMENT TILE WALLS - CEMENT PLASTER DOORS/WINDOWS - VINYL .~L_L_L__ BUILDING B BUILDING C - FRONT ELEVATION BUILDING C - FAR E BUILDING C - SOUTH ELEVATION {VIEW FROM RIDGEVIEW DRIVE) LIN~ 6421,4t,4<2N I:2~IV'E BUILDING C - NORTH ELEVATIONS ~ · HIL.L.~,I£ BUILDING A & B - SOUTH ELEVATION BUILDINGS A & B - NORTH ELEVATIONS (VIEW FROM HILLSIDE DRIVE) BUILDING C BUILDING BUILDING C SCALE: ~'= 20'-0' ~B,BPm'Bkmmlm~ r' I I I RIDGEVIEW CT Pretiminary Ptant List Sy~lx~ B~tank:al Name ,v4,t rostde~os e~ceisUs New Zealand 36' box Christmas Tree Purp[e-Leaf Plum 24- box Ornamentat Pear 24' box Fern ~ 24r box Arctost~l~,'~!,us sro.~ .5 Iai. Buddte~a davfdfl ~ar~e~ufn' ~y ~ 5 ~1. ~t~ calff~ ~ ~ I ~ C~ ~' R~ 1 Iai. C~ ~ ~' ~ I gat. ~ ~ ~ ~ 5 gat. ~all~ ~ ~N 5 gal Fo~lla ~ ~ ~' ~N 1 ~al. ~Uf~ta G~ dlf~ Silk T~ ~1. Ga~ Ifn~ ~ 1 Hdl~ ~ 5t~ R~ I ~1. H~alth ~' ~ L~ 1 iai. ~ula ~ ~ I gal ~t~ ~ N~ Z~la~ T~ T~ 5 gal. ~y GI~ ~ant~ f~ 5~ ~ 5 gal. -~ Ground Cover Arctostol~/|us Erigero~ ka~inskianus Mexican Daisy Frasarla chfloemts St rav/oetry Arctotheca cale~lu~a Cape Weed Geranium fncanum Lantana montevidensts NCN Ne~oe~a facess~qfl Cat M~nt Oenather~ bertandtert Evenin~ Prlmr RosmaHnus officl~atfs Rmmary Trache[os~oe~mum ]asmtnotdes Star Jasmine PATTERN PATTERN (~ Unit "B" Typical Hardscape 1"=10'-0" Unit "B" Typical Landscape 1"=10'-0" PAl-tERN PATTERN LOW GROUND C(TWR IN STONE GAPS RETAINING WALL ELEVATION ALONG HILLSIDE BLVD. ~B .J \ B P o ELKS EXIT F'RO~ LOWER DRIVeWAy ~ TO LOWER DR'I~AY StaffReport AGENDA ITEM Iii 8 DATE TO FROM RE July 14, 2004 Honorable Mayor and City Council Conference Center Executive Director Conference Center Authority Fiscal Year 2004-2005 Budget RECOMMENDATION The Conference CentEr Authority (Authority) recommends that the City Council accept and approve the Conference Center Fiscal Year (FY) 2004-2005 Budget. BACKGROUND/DISCUSSION The hospitality industry is continuing its improvement and this is reflected in the FY 2004- 05 revenue projections. With more usage of the Center and an increase in ancillary revenue (food and beverage, event services) expenditures by the Center's clients, the operations revenue projections have increased from the previous year. There is more confirmed business booked now than there was last year at this time and there is greater interest in dates and more requests for event proposals. Readers of Successful Meetings magazine have chosen the Conference Center to receive the Pinnacle Award for a second year. This award and the Center's website continue to be very important marketing tools. South San Francisco hotel occupancies finished FY 2003-04 at approximately 60.5%. There has been improvement each year in occupancies since their drop to 52.28% in FY 2001-02. FY 2002-03 occupancy was 56.68%. There-is also some improvement in room rates although the growth is still slower than that of occupancy. FY 2004-05 occupancy is projected at 65%. The Conference Center expenditure requests reflects a continuation budget for staffing and operating programs. The management of the computer system will be improved providing better service to the Center's clients and staff. Debt service and property lease budgets cover the Center's requirements. Budgeted capital improvements will either improve the services required by the Center's clients or are necessary due to eleven years of use. Honorable Mayor and City Council July 14, 2003 Page Two The FY 2004-05 budget includes a total revenue projection of $2,963,500 and a total expenditure request of $2,698,551. Also included in the FY 2004-05 budget is a capital project request of $113,880. The fund balance (approximately $1.4 million) continues to be healthy and indicates the Center is able to operate and pay its expenses without General Fund subsidies. Enclosed is the budget document which describes all the details as well as an explanation of the changes from last year's budget. The Conference Center Authority recommends the Fiscal Year 2004-05 Budget to the City Council for their review and subsequent approval. The Authority approved the budget at their July 8, 2004, meeting. If I may answer any questions or clarify any information about the budget, please let me know. Sandra M. O'Toole Conference Center Executive Director Enclosures: FY 2004-05 Budget Document Resolution SOUTH SAN FRANCISCO CONFERENCE CENTER AUTHORITY FISCAL YEAR 2004-2005 BUDGET July 14, 2004 255 South Airport Boulevard South San Francisco, California 94080 tel 650.877.8787 fax 650.877.5356 www. ssfconf, com South San Francisco Conference Center Fiscal Year 2004-05 Budget Revenue and Expenditure Projections - All Sources FY 04-05 Budget Request FY 03-04 Approved Year-End Budget Proiection Total Revenue Total Expenditures Surplus $2,963,500 2,698,551 $ 264,949 $2,897,000 $2,832,500 2,613,114 2,538,115 $ 283,886 $ 294,385 - 2 - 7/14/04 South San Francisco Conference Center Fiscal Year 2004-05 Budget Revenue Projections - All Sources FY 04-05 Bud~let Request Conference Center Operations 1,230,000 1,710,000 23,50O Transient Occupancy Tax Interest Income FY 03-04 Al~13roved Budget, 1,180,000 1,691,000 26,000 Total 2,963,500 2,897,000 Expenditure Projections - All Sources FY 04-05 Budget Request FY 03-04 Approved Budqet Conference Center Operations 1,756,051 1,693,114 Debt Service 471,500 456,000 Property Leases/Taxe: 471,000 464,000 Total 2,698,551 2,613,114 FY 03-04 Year-End Proiection 1,120,000 1,691,000 21,500 2,832,500 FY 03-04 Revised Bud,qet 1,618,615 456,000 463,500 2,538,115 7/14/2004 South San Francisco Conference Center Fiscal Year 2004-05 Budget Revenue Projections.Conference Center Operations Percentage of Change - FY2004-05 Budget to FY2003-04 Year-End Projection FY 04-05 FY 03-04 FY 03-04 Budget Request AI01oroved Budget Year-End Proiection Rent 675,000 700,000 600,000 Food & Beverage 425,000 370,000 400,000 Event Services 130,000 110,000 120,000 Total 1,230,000 1,180,000 1,120,000 % Increase Decrease 12.50% 6.25% 8.33% 9.82% 7/14/2004 -4- South San Francisco Conference Center Fiscal Year 2004-05 Budget Expenditure Budget Conference Center Operations Percentage of Change-FY2004-05 Budget to FY 2003-04 Year-End Projection FY 04-05 FY 03-04 FY 03-04 % Increase Budget Request Approved Budget Year-End Projection Decrease Salaries/Benefits Salaries Car Allowance Workers' Compensation Health, Dental, Vision Pension, Medicare FICA Performance Incentive Program 699,485 678,988 678,988 3.0% 2,400 2,400 2,400 0.0% 3,000 2,900 2,000 50.0% 164,896 156,297 146,000 12.9% 84,000 71,062 70,000 20.0% 20,000 20,000 3,500 471.4% 973,781 931,647 902,888 7.9% Operations/Maintenance Services Set Up/Tear Down Service Janitorial Service Transportation Service LinenANater Service Temporary Event Labor ElectdPlum/HVAC Main. Service Pest Control Fire ExtinguishedAlarm Service Landscape Service Operation/Maintenance Supplies Janitorial Supplies Operations Supplies 90,000 90,000 90,000 0.0% 77,000 77,000 78,000 -1.3% 5,000 5,000 2,750 81.8% 13,500 13,000 13,000 3.8% 33,500 30,000 41,000 -18.3% 22,000 22,000 18,000 22.2% 2,500 2,400 2,450 2.0% 2,900 2,900 2,500 16.0% 11,500 11,500 14,200 2.7% 257,900 253,800 258,900 -0.4% 9,000 9,000 8,000 12.5% 21,000 21,000 16,000 31.3% 30,000 30,000 24,000 25.0% Marketing Services Ad Production/Placement Public Relations Brochure/Folder Reprints Client Entertainment Client Gifts Booth Rental & Equipment Fee Industry Event Registration Group Incentive Rentals 143,500 139,000 130,000 10.4% 5,000 5,000 3,160 58.2% 5,500 5,500 3,500 3,500 3,000 16.7% 12,000 12,000 12,700 -5.5% 11,000 11,000' 10,000 10.0% 6,000 4,250 5,800 3.4% 15,000 15,000 608 201,500 195,250 164,660 22.4% Meeting Travel/Dues/Memberships Dues/Memberships Meeting Travel Expense Legal/Prefessional Services Legal Services Professional Services 5,500 5,250 5,400 1.9% 10,000 10,000 9,000 11.1% 15,500 15,250 14,400 7.6% 7,500 7,500 4,000 87.5% 59,600 30,150 30,150 97.7% 67,100 37,650 34,150 96.5% 7/14/2004 Expenditure Budget Conference Center Operations Detail Percentage of Change-FY2004-05 Budget to FY 2003-04 Year-End Projection FY 04-05 FY 03-04 FY 03-04 % Increase Budget Request Approved Budget Year-End Projection Decrease Audit/Payroll Services City Finance Services General Insurance Property Insurance Liability Insurance 12,950 13,050 12,950 0.0% 11,760 11,760 11,760 0.0% 13,716 9,690 9,690 41.5% 6,544 11,717 11,717 -44.1% 20,260 21,407 21,407 Bank Charges/Bad Debt Bank Charges Bad Debt *5.4% 16,000 16,000 13,500 18.5% 6,000 6,000 22,000 22,000 13,500 63.0% Office Machines/Publication/Supplies Postage/Rental Equipment Office Machines 7,800 7,800 7,800 Computer Supplies 2,500 22,000 22,000 Publication 500 Office Supplies/Water 4,500 4,000 4,500 Postage 6,000 6,000 5,500 20,800 40,300 39,800 Printin~l Utilities 0.0% -88.6% 0.0% 9.1% ..47.7% Gas/Electric Telephone/Long Distance Water 6,000 6,000 6,000 0.0% 80,000 80,000 78,000 2.6% 28,500 28,500 28,500 0.0% 8,000 6,500 7,700 3.9% 116,500 115,000 114,200 2.0% 1,756,051 1,693,114 1,618,615 8.5% 7/14/2004 South San Francisco Conference Center Fiscal Year 2004-05 Budget Capital Improvement Budget Upgrade Entire Computer System - Servers and Components, Desktops and Components, and Infrastructure. Add New Wireless Network for Support of Client Requirements. Replace Lobby Carpet Replace Three (3) Dance Floor Panels and Refinish Remaining Dance Floor Panels Replace Eight (8) 32"-40" High Stage Sections with Eight (8) 24" - 32" High Stage Sections 9,825 Offset Cost by Selling Obsolete Sections (1,600) Purchase Ten (10) Pieces of Stage Skirting800 Replace Remaining Stage Decking (Top of Stage) - Eight (8) Pieces 3,975 Reseal and Restripe Parking Lot Replace Ten (10) Two-Way Radios Reupholster Fourteen (14) Lobby Benches 46,40O 38,150 2,850 13,000 6,500 3,500 3,480 Total $113,880 - 7 - 7/14/04 South San Francisco Conference Center Fiscal Year 2004-05 Budget Fund Balance/Designated/Undesignated Reserves Fund Balance 6/30/03 per Audit Plus Projected FY 2003-04 Surplus Less FY 2003-04 Capital Expenditures Projected Fund Balance 6/30/04 Plus Projected FY 2004-05 Surplus Less FY 2004-05 Capital Expenditures Projected Fund Balance 6130105 $1,162,245 294,385 (16,426) 1,440,204 264,949 (113,880) $1,591,273 Designated Reserves* Projected Undesignated Reserves Projected Fund Balance 6~30~05 $500,000 1,091,273 $1,591,273 *Designated Reserve Categories Capital Improvements Insurance Debt Service Contingencies Total $100,000 100,000 150,000 150,000 $500,000 - 8 - 7/14/04 SOUTH SAN FRANCISCO CONFERENCE CENTER Salary Schedule effective July 1, 2004 with 2.5% increase 1 2 3 4 5 Sales Assistant (Crystal Nieto) Hourly 19.58 20.58 21.61 22.66 23.80 Semi-Monthly 1,695.75 1,783.39 1,872.56 1,963.89 2,062.91 Monthly 3,393.49 3,566.78 3,745.12 3,927.79 4,125.83 Sales Manager (Teresa Martinez) Houdy 21.58 22.90 24.04 25.25 26.52 Semi-Monthly 1,870.60 1,984.58 2,083.24 2,188.60 2,298.74 Monthly 3,741.21 3,969.16 4,166.47 4,377.19 4,597.49 Director of Sales (Dean Grubl) Hourly 26.52 27.88 29.10 30.71 32.24 Semi-Monthly 2,298.74 2,416.55 2,522.35 2,661.75 2,793.93 Monthly 4,597.49 4,833.11 5,044.71 5,323.51 5,587.86 Security Officer (3) (Tully Mortenson, Puipui Matau, Conrado Zulaybar) Hourly 11.52 Semi-Monthly 998.66 Monthly 1,997.33 Security Supervisor (Tofa C Talauat) Hourly 15.71 Semi-Monthly 1,361.82 Monthly 2,723.63 Facility Service Coordinator (Austin Middleton) Hourly 15.91 16.71 17.55 18.41 19.33 Semi-Monthly 1,379.06 1,448.06 1,520.69 1,595.14 1,675.03 Monthly 2,758.13 2,896.13 3,041.39 3,190.28 3,350.06 Facility Service Manager (Jorge Cruz) Houdy 22.13 23.21 24.39 25.60 26.88 Semi-Monthly 1,918.34 2,011.85 2,113.54 2,218.85 2,329.61 Monthly 3,836.69 4,023.71 4,227.07 4,437.70 4,659.22 Business Services Asst. (Part Time) (Carolyn Tam) Hourly 15.32 16.09 16.88 17.72 18.61 Semi-Monthly 1,328.15 1,394.23 1,463.07 1,535.90 1,612.69 Monthly 2,656.30 2,788.47 2,926.15 3,071.80 3,225.37 Business Services Coordinator (Earsie Johnson) Hourly 15.91 16.70 17.55 18.41 19.33 Semi-Monthly 1,379.06 1,447.16 1,520.69 1,595.14 1,675.03 Monthly 2,758.13 2,894.31 3,041.39 3,190.28 3,350.06 Director of Facility Services (Ted Luff) Hourly 29.77 31.26 32.82 34.46 36.19 Semi-Monthly 2,580.19 2,709.10 2,844.38 2,986.91 3.136.71 Monthly 5,160.37 5,418.21 5,688.76 5,973.83 6,273.43 Controller (Faina Vinarskaya) Hourly 28.66 30.10 31.60 33.18 34.85 Semi-Monthly 2,483.81 2,608.72 2,738.48 2,875.99 3,020.27 Monthly 4,967.61 5,217.45 5,476.96 5,751.97 6,040.54 Executive Director (Sandra O'Toole) 56.89 Hourly 55.23 Biweekly 4,551.20 Monthly 9,860.93 Sales Assistant 24@2062.91 10/16 Sales Manager 24@2298.74 10/16 Director of Sales 24@2793.93 4/1 Security Officer (3) 12@1997.33 12@1997.33 12@1997.33 Security Supervisor 12@2723.63 7/1 7/1 Facility Service Coordinator 24@1675.03 Facility Service Manager 24@2329.61 711 Business Services Asst. (Part Time) 24@1612.69/2 8/1 additional $1400. Business Services Coordinator 24@1675.03 11116 Director of Facility Services 24@3136.71 4/1 Controller 24@3o2o.27 5/1 Executive Director 26@4551.20 911 Total 49,509.84 55,169.76 67,054.32 23,967.96 23,967.96 23,967.96 32,683.56 40,200.72 55,910.64 20,752.28 40,200.72 75,281.04 72,486.48 118,331.20 699,484.44 -9- 7114/2004 SOUTH SAN FRANCISCO CONFERENCE CENTER AUTHORITY FISCAL YEAR 2004-2005 BUDGET Explanations of Changes July 14, 2004 255 South Airport Boulevard South San Francisco, California 94080 tel 650.877.8787 fax 650.877.5356 www. ssfconf, com Revenue and Expenditure Projections - All Sources - Pages 2 and 8 A surplus of revenue over expenses in the amount of $264,949 is projected. This contributes to the fund balance and provides for capital improvements. Revenue Projections - All Sources - Pages 3 and 4 Conference Center Operations - 9.82% increase over FY 2003-04 year-end projections. The FY 2004-05 projections reflect an improvement in the amount of revenue already booked and an improving level of business in the hospitality industry. Transient Occupancy Tax - An annual occupancy rate of 65% is projected. It is anticipated that FY 2003-04 year-end occupancies will be approximately 60.5%. The market has begun to move slowly upward in occupancy; but recovery in hotel room rates is expected to move at a slower pace. Currently there are 3063 guest rooms in 30 hotels in South San Francisco; however, the projection is based 2,887 guest rooms. Interest Income - Based on current interest rates. Overall increase in total revenue from FY 2003-04 year-end projection - 4.62% Expenditure Projections - All Sources - Page 3 Conference Center Operations - 8.5% increase over FY 2003-04 year-end projections. Please see the Operations Detail section for explanations. Debt Service - Amounts reflect a continuation budget. Property Leases/Taxes - Amounts reflect a continuation budget. 6.32% increase over FY 2003-04 year-end projection. Expenditure Projections - Conference Center Operations Pages 5 and 6 Salaries/Benefits - Detail on Page 9 Salaries for all staff except the Executive Director have been increased by 2.5% which represents a cost-of-living adjustment. The Performance Incentive Program for the three Sales positions is the same as last year's program only based on the new revenue projections. The Executive Director's PERS increase is also reflected. Professional Services -The increase represents improved service of the Center's computer system by adding T1 and wireless capabilities for clients, replacing the servers and individual computer system, and improving the management of the system overall. Funds have been budgeted to conduct a compensation study; the last study was done in 1997. 7/14/04 All Other Operating Categories - A continuation budget is reflected in all other operating categories. 8.5% increase over FY 2004-05 year-end projection. Capital Improvements Budget - Page 7 The computer system upgrade and staging replacement will improve the services offered to the Center's clients. All other capital items are necessary due to wear and tear of consistent use. 7/14/04 DRAFT 7/14/04 RESOLUTION NO.~ CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE CONFERENCE CENTER FISCAL YEAR 2004-2005 BUDGET WHEREAS, South San Francisco Municipal Code {}2.78.010 et seq. requires that the Conference Center budget be approved by the City Council; and WHEREAS, the Conference Center Authority has conducted public meetings, considered available public input, and reviewed the Fiscal Year 2004-2005 budget; and WHEREAS, the Authority found that the budget represented the appropriate level of expenditures for Fiscal Year 2004-2005 and recommended that the proposed budget be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco as follows: 1. The budget identified as the "Conference Center Fiscal Year 2004-2005 Operating Budget" in the amount of $2,963,500 in revenue and $2,698,551 in expenditures is hereby approved by the City Council. 2. The budget identified as the "Conference Center Fiscal Year 2004-2005 Capital Improvement Budget" in the amount of $113,880 in capital expenditures is hereby approved by the City Council. 3. Each budget category listed in Municipal Code {}2.78.106 is funded to the limits specified in the proposed budget. 4. The funds collected pursuant to Municipal Code {}4.20.035 are hereby appropriated to fund the Conference Center budget. 5. The City Manager and Finance Director are hereby directed and authorized to make the specified funds available to the Conference Center. 6. Copies of the Conference Center budget shall be made available for public review and inspection in the Offices of the City Clerk and Administrative Offices of the Conference Center. 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 meeting held on the day of ,, 2004 by the following vote: AYES:, NOES: ABSTAIN: ABSENT: ATTEST: City Clerk StaffReport AGENDA ITEM #19 DATE: TO: FROM: SUBJECT: July 14, 2004 The Honorable Mayor and City Council John Gibbs, Project Manager EMINENT DOMAIN FOR WET WEATHER PROGRAM - PHASE 1 PROJECT ENGINEERING FILE SS-02-1, PROJECT NO. 71-13235-0351 RECOMMENDATION: It is recommended that City Council adopt a Resolution of Necessity and direct the filing of Eminent Domain proceedings for the acquisition of certain real property interests in connection with the Wet Weather Program Phase 1 Project. BACKGROUND/DISCUS SION: The Wet Weather Program consists of improvements to the wastewater collection system and pump stations to control sewer system overflows. This project is required to comply with the Cease and Desist Order (CDO) issued by the Regional Water Quality Control Board. Compliance is required by November 1, 2007. The City will use state revolving funds to finance the project. This project consists of the following: · Upgrade to San Mateo Pump Station. · Construction of new Shaw Road Pump Station. · Construction of new 36-inch Lowrie Avenue Force Main. · Construction of new 42-inch Shaw Road Force Main. · Construction of new Effluent Storage Pond and Pump Station. · Construction of new Vactor Truck Unloading Station. · Installation of new Influent Pumps and Effluent Pumps at WQCP. · Construction of new Gravity Sewer Mains in Lowrie Avenue and San Mateo Avenue. Staff Report To~ Re: Date: The Honorable Mayor and City Council EMINENT DOMAIN FOR WET WEATHER PROGRAM - PHASE 1 PROJECT July 14, 2004 Page: 2of4 The matter to be considered is whether or not the Council should adopt a Resolution of Necessity, the common term for a resolution authorizing the filing of Eminent Domain lawsuits to acquire the real property interests that will allow the City to construct the improvements contemplated by the Wet Weather Program Phase I Project. California Eminent Domain Law requires a public agency to do the following prior to adopting a Resolution of Necessity: A. Appraise the property interests that need to be acquired by the City for the public improvements. B. Offer the owners of the properties interests the appraised value of those interests. The City has contracted with Appraisal Research Corporation to appraise the property interests that are required for the project and has offered the appraised value to the property owners. In particular, offers to purchase the required property interests were mailed to the following property owners on the following dates: NAME / DATE EASEMENT/AREA AMOUNT/OFFER SQ/FT PARCEL No. John S. Porter & May 10, 2004 Permanent Easement / $20,000 Frances N. Porter 2,548 Family Living Trust 015-112-480 015-112-670 Patrick Y. Chin May 10, 2004 Permanent Easement / $20,000 2,548 015-112-580 015-112-660 Staff Report ro~ Re: Date: The Honorable Mayor and City Council EMINENT DOMAIN FOR WET WEATHER PROGRAM - PHASE 1 PROJECT February 25, 2004 Page: 3 of 4 The City has attempted to negotiate with the owners for the purchase of portions of their respective properties. To date, these negotiations have not proved successful. In order to construct Phase I of the project in a timely fashion, the Public Works Department must commence construction in the next several months. California Eminent Domain Law provides that the City may obtain an Order of Prejudgment Possession immediately after it files an Eminent Domain lawsuit and deposits the appraised value of each property interest to be acquired into the State Treasury Condemnation Fund. In the event a property is being used for business, residential or agricultural purposes, the law requires that the possession order be operative not earlier than 90 days following the date that the possession order is served on the property owner. This period may be shortened upon a showing of urgent necessity. The only issues to be discussed at the hearing on the Resolution of Necessity are as follows: 1. Whether the public interest and necessity require the Project; 2. Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3. Whether the interests sought to be acquired are necessary for the Project; and 4. Whether the offer to purchase required by Government Code Section 7267.2 has been made to the owners of record. Notice of the hearing has been mailed to each of the property owners in question. In the event that any property owner appears and desires to speak to any of the above issues, the Council should permit the owner to state his or her objections or observations. The Council should not permit any discussion of the amount of compensation to be paid for the property interests to be acquired. Compensation is not a proper issue or matter for discussion. In order to adopt the Resolution of Necessity, a 2/3-majority vote is required or 4 affirmative votes on a five member Council. Staff Report To: Re: Date: The Honorable Mayor and City Council EMINENT DOMAIN FOR WET WEATHER PROGRAM - PHASE 1 PROJECT July 14, 2004 Page: 4 of 4 The project was originally analyzed in the Mitigated Negative Declaration under California Environmental Quality Act (CEQA). The City Council adopted a resolution for a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Sewer Improvements on October 23, 2002. The Mitigated Negative Declaration included an assessment of potential environmental impacts as set forth in the California Environmental Quality Act (CEQA) guidelines and recommends a number of mitigation measures to reduce impacts to less-than-significant levels. FUNDING: This project is included in the City of South San Francisco's 2003-2004 and 2004-2005 Capital Improvement Program (CIP/7 l- 13235-0351) in the amount of $23,505,904.00. The City has received an approved preliminary funding commitment of $45,000,000 for phases I through V from the State Water Resources Control Board for the Wet Weather Program. Van Duyn Marty Assistant City Manager x-~Vl~ch~el A. '~Vi~n' - City Manager ~-- ATTACHMENTS: Resolution of Necessity Exhibit A - Easement Descriptions JG/bb/dc RESOLUTION NO. OF THE CITY OF SOUTH SAN FRANCISCO DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS WET WEATHER PROJECT 1415 San Mateo Blvd, South San Francisco Parcel Nos: APN 015-112-480 APN 015-112-580 APN 015-112-660 APN 015-112-670 IT IS RESOLVED by the City Council of the City of South San Francisco, California, as follows: WHEREAS, it is desirable and necessary for the City Council of the City of South San Francisco to acquire the fee simple title, permanent easements, and temporary construction easements in and to real property more particularly described in Exhibit "A," attached hereto and made a part hereof by reference, to construct the Wet Weather Program and related facilities and appurtenances in connection with the above- captioned Project. WHEREAS, the City Council of the City of South San Francisco is vested with the power of eminent domain to acquire said real property interests by virtue of Article 1, Section 19, of the Constitution of the State of California, Health and Safety Code Section 5001 and Sections 1240.010, 1240.020, 1240.030, 1240.040, 1240.050, 1240.110, 1240.120, 1240.510, 1240.610, and 1250.110 of the Code of Civil Procedure of the State of California; and WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of the State of California, notice has been duly given to the owners of the subject property and whose names and addresses appear on the most recent San Mateo County's equalized assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before the City Council of the City of South San Francisco on the following matters: (a) Whether the public interest and necessity require the Project; (b) Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) Whether the interests sought to be acquired are necessary for the Project; and (d) Whether the offer to purchase required by Government Code section 7267.2 has been submitted to the owners of the real property interests. WHEREAS, pursuant to the provisions of Section 7267.2 of the Government Code of the State of California, the City Council of the City of South San Francisco has made an offer to the owners of subject property for just compensation; NOW, THEREFORE, IT IS FOUND, DETERMINED, AND ORDERED as follows: 1. 2. The public interest and necessity require the Project; The Project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; The property interests sought to be acquired are necessary for the project; The offer required by section 7267.2 of the Government Code of the State of California has been made to the owners of the subject property; The City has complied with the California Environmental Quality Act, by adopting a Mitigated Negative Declaration and a Mitigation Monitoring Program for the Sewer Improvements/Wet Weather Project on October 23, 2002. The City Attorney of the City of South San Francisco or his duly authorized designee be, and he is hereby authorized and directed to institute and conduct to conclusion an action in eminent domain for the acquisition of the estates and interests aforesaid and to take such action as he may deem advisable or necessary in connection therewith; An order for prejudgment possession may be obtained in said action and a warrant issued to the State Treasury Condemnation Fund, in the amount determined by the Court to be deposited, as a condition to the right of immediate possession. [Remainder of Page Intentionally Left Blank.] The foregoing Resolution was adopted at a regular meeting of the City Council of the City of South San Francisco held on the 14th day of July, 2004 by the following vote: AYES: NOES: ABSENT: ATTEST: City Manager City Clerk APPROVED AS TO FORM' Steve T. Mattas City Attorney 701320_1 .M~ 05 04 04: .T~ ~LL CONCORD ..EXHIBIT A Legal DescriptiOn for Proposed Public Utility Easement Lands of Chin The ]and mfu'~red to herein is aitual~ in the State of California, County. of San Matzo, City of South San ~,'anc{.~co, d.e,c:rihed a~ ?ollaw×: A po,a/on of' that certain pardi o£ land conv~ycd to Patrick Y. Chin as ciesca'ib~d in the deed r¢~ordc0 on .lanuary 26, t999 as Docum~m No. 9901318 I, l~ecords of San Ma;co County, more particularly described a.~ follows: A I0.00 £oo~ wida mHp oftand, the ~ou~herly linc of which is ~ OF FEk$ON ~ SWANSON FRANCISCO. SAN MA~ COUP. C~OKNIA" fil~l on ku~st 28, 1984 in Book J5 of Pa;cci maps at pages I through 4, Rccor~ of S~ Matzo C0unU; thcmce along the southerly line or said Pamcl ~ 3outh 78'21'00" Eaat, ~d pm'ccl~ ~aid comer ~g thc poinl of mrminu~. Thc side Iincs of thc herein described ~Sp of land shall bt~ lcngtlmt~d aadJor shormn~d ~ n~cesSary to 4ntc.Vsect with the westerly and east, rly lines of sakl parcel. Containing an m'ea of 2,5 EXI-IIBIT A Legal Description for Proposed PubLic Utility Easement Lands of Porter The land rcf~red to herein is sitmt¢ in the Sm~ of California, County of $~n Mateo~ City of 8ou~ 8an Francisco, d~scribed ~s follow~: A portion of that ccrt,qn parcel of' land conveyed to John S, Porter and Franc'es N. Porter P~mily Living Trust aa described in the deed recorded on December 3I, 1998 as Document No. 96099323, lq,cords of San Mated County, more particularly des,~'ib~ as follows: A l 0.00 foot w(de strip oflm~d, fl~e nr)rfhc---rly line of which is de~m-[bed'~s [ollows: Meginnmg ar the northwest oomer or'Parcel 43, as shown on tha! certain map entitled "PAIq. CEL M.~,..P OF PF.I[SON AND SWANSON iNDUSTRIAL TRACT )q'O. 4 SOI. FI'H SAN FR_~,.N~'..ISC. C), gAN MAT.F..O COIINTY, CAI.IFOILN'L~" tiled on August 28, 1984 i]~ Book 55 of ?re'col maps at pages 1 flu'ough ~, Kvcords of Sma Mated Co[mty; th,ace along Lh¢ northerly line of said :Parcel 45 South 78"21'00,' Em, a diamncc of' 254.83 feet to fl'~e norlhea,t corner of said pm'ce[, said cornet being the point o[' mrminu~. The side lines of ~he herein d~scr}bed strip of land shall be lm~grh~ned :md/ur shu[[e~lcd ~$ necessary to in[crsect xvith the westerly and ea,terly lines of said pa~C'el. Conh~i.ning an area of 2,548 ,quar¢ l~t,, more or b;~,