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Home My WebLink About2005-07-13 e-packet :.'l~tl. -Sjj,v &g >< - f-' r.. ... ~ v <;) ~ \..... .t.(,l}'Dtt't\. ~ 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 13,2005 6:30 P.M. NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code ofthe State of California, the City Council ofthe City of South San Francisco will hold a Special Meeting on Wednesday, the 13th day of July, 2005, 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 2. Roll Call 3. Public Comments - comments are limited to items on the Special Meeting Agenda 4. Closed Session a) Pursuant to Government Code Section 54957.6, conference with labor negotiator - Agency designated representative: Barry Nagel; Employee: City Attorney b) Pursuant to Government Code Section 54956.9(a), conference with legal counseI- existing litigation: Kotobuki et al. v. City of South San Francisco et al. c) Pursuant to Government Code Section 54956.9(b), conference with legal counsel- anticipated litigation: one case 5. Adjournment PDF created with FinePrint pdfFactory Pro trial version www.pdffactorv.com AGENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, JULY 13, 2005 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 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. RA YMOND L. GREEN Chair JOSEPH A. FERNEKES Vice Chair RICHARD A. GARBARINO, SR. Boardmember PEDRO GONZALEZ Boardmember KARYL MATSUMOTO Boardmember RICHARD BATTAGLIA Investment Officer SYL VIA M. PAYNE Clerk BARRY M. NAGEL Executive Director STEVEN T. MATTAS Counsel PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT IS A V AILABLE 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 22, 2005 2. Motion to confIrm expense claims of July 13, 2005 ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEETING AGENDA JULY 13, 2005 PAGE 2 AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, JULY 13,2005 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 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. RA YMOND L. GREEN Mayor JOSEPH A. FERNEKES Mayor Pro Tern RICHARD A. GARBARINO, SR. Councilman PEDRO GONZALEZ Councilman KARYL MATSUMOTO Councilwoman RICHARD BATTAGLIA City Treasurer SYLVIA M. PAYNE City Clerk BARRY M. NAGEL City Manager STEVEN T. MATTAS City Attorney PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT A V AILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCA nON PRESENTATIONS . Proclamation: Recreation and Parks Month, July 2005 - recipient: Parks & Recreation Commissioner Prudencia Nelson . Update on Code Enforcement Activities - Safety Inspector Tom Carney . Donation from Wells Fargo Foundation - Denise Castenada, Wells Fargo Representative AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL . Announcements . Committee Reports CONSENT CALENDAR I. Motion to approve the minutes of June 22, 27 and 29, 2005 2. Motion to confirm expense claims of July 13, 2005 3. Motion to adopt an ordinance adding three new sections to Chapter 36 of Title 10 of the South San Francisco Municipal Code, prohibiting the presence of both leashed and unleashed dogs in City parks on days when parks or park facilities have scheduled special events 4. Motion to adopt ordinance amending SSFMC Chapter 3.12 to implement Council approved positions, title additions, deletions, and/or changes 5. Resolution to accept grant funding from various sources to support Library summer reading activities in the amount of$IO,I02 6. Resolution accepting grant funds from Soroptimist International North San Mateo County to support Library programming in the amount of$2,500 7. Resolution accepting a donation from Wells Fargo Foundation in the amount of$5,000 to repair tornado damage to new Fire Station 61, located at 480 North Canal Street 8. Resolution authorizing amendment to and restatement of the joint powers agreement establishing the Peninsula Traffic Congestion Relief Alliance 9. Resolution authorizing the execution of an amended and restated joint exercise of powers agreement with the California Statewide Communities Development Authority REGULAR CITY COUNCIL MEETING AGENDA JULY 13, 2005 PAGE 2 10. Resolution awarding construction management and inspection services to CSG Consultants for Wet Weather Project Phase I in an amount not to exceed $305,000 11. Resolution recommending that the San Mateo County Flood Control District impose charges for funding the 2005-06 Countywide National Pollution Discharge Elimination System (NPDES) General Program 12. Acknowledgement of proclamation issued: Fred Cadiente, 7/8/05 PUBLIC HEARING 13. Consideration ofresolution authorizing the issuance of revenue bonds by the California Statewide Communities Development Authority for the purpose of financing the acquisition and construction of a multi- family rental housing development at Grand and Oak Avenues; Developer: BRIDGE Housing Corporation 14. Consideration of Planning Commission's approval of Case No. P02-0020, for the construction of a 2-story, eight unit condominium development, situated at 111 Chestnut Avenue; Owner and applicant: Charles K. Ng a) Resolution adopting the mitigated negative declaration and approving a planned unit development, a tentative subdivision map, design review, and affordable housing agreement b) Motion to adopt an ordinance to change the land use designation of 111 Chestnut from medium density zoning district (R-2-H) to multi-family density residential (R-3-L) ADMINISTRATIVE BUSINESS 15. Resolution authorizing a master lease agreement with the Municipal Finance Corporation through the Association of Bay Area Governments' Leasing Program to acquire an advanced life support ambulance and emergency medical services computer system COUNCIL COMMUNITY FORUM ADJOURNMENT REGULAR CITY COUNCIL MEETING AGENDA JULY 13,2005 PAGE 3 AGENDA ITEM #3 DATE: July 13, 2005 TO: Honorable Mayor and City Council FROM: Jayne W. Williams, Interim City Attorney SUBJECT: Adopt an Ordinance Adding Three New Sections to Chapter 36 of Title lO of the South San Francisco Municipal Code, Prohibiting the Presence of Both Leashed and Unleashed Dogs in City Parks on Days When Parks or Park Facilities Have Scheduled Special Events, and Providing for Penalties for Violation and Impoundment of Offending Animals RECOMMENDATION: Adoption of an ordinance approving adding three new sections to Chapter 36 of Title lO of the South San Francisco Municipal Code, prohibiting the presence of both leashed and unleashed dogs in city parks on days when parks or park facilities have scheduled special events, and providing for penalties for violation and impoundment of offending animals BACKGROUND/DISCUSSION: . Council has previously waived reading and introduced the following ordinance. The Ordinance is now ready for adoption. AN ORDINANCE APPROVING ADDING THREE NEW SECTIONS TO CHAPTER 36 OF TITLE lO OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE, PROHIBITING THE PRESENCE OF BOTH LEASHED AND UNLEASHED DOGS IN CITY PARKS ON DAYS WHEN PARKS OR PARK FACILITIES HA VB SCHEDULED SPECIAL EVENTS, AND PROVIDING FOR PENALTIES FOR VIOLATION AND IMPOUNDMENT OF OFFENDING ANIMALS n 6/22/05 Vote 5-0) AJ, lY'.'\ ,;1 (." A ) <<JlAj'lV;\ . 1, \ U~{-'~i! Barry M. Nagel, City Manager" ! 770258-1 ORDINANCE NO. AN ORDINANCE ADDING THREE NEW SECTIONS TO CHAPTER 36 OF TITLE 10 OF THE SOUTH SAN FRANCISCO MUNICIP AL CODE, PROHIBITING THE PRESENCE OF BOTH LEASHED AND UNLEASHED DOGS IN CITY PARKS ON DAYS WHEN PARKS OR PARK FACILITIES HAVE SCHEDULED SPECIAL EVENTS, AND PROVIDING FOR PENALTIES FOR VIOLATION AND IMPOUNDMENT OF OFFENDING ANIMALS RECITALS WHEREAS, section 10.36.090 of the South San Francisco Municipal Code currently requires that owners of dogs may not suffer or permit a dog within a City park unIess the dog is led by a leash of suitable strength not more than six feet in length; and WHEREAS, City parks serve as the site for a number of specially permitted events throughout the year, with large numbers of attendees and high numbers of park visitors; and WHEREAS, Staff has reported a number of disruptive and potentially dangerous incidents and encounters involving both leashed and unleashed dogs during special events, with dogs growling and lunging at both people and other leashed and unleashed animals; and WHEREAS, in order to ensure the safety and weIfare of park users, participants in special park events, dog owners, and the animals themselves, the City Council has determined that no dogs shouId be allowed in City parks on those days when the park is host to a specially permitted event.. NOW, THEREFORE, the City Council of the City of South San Francisco does ordain as follows: SECTION 1. Three new sections 10.36.095 "DOGS PROHIBITED IN PARKS DURING SPECIAL EVENTS," 10.36.096 "PENALTY FOR VIOLATION" and 10.36.097 "IMPOUNDMENT" are hereby added to Chapter 36 of Title 10 of the South San Francisco Municipal Code, to read as follows: "10.36.095 "Dogs Prohibited in Parks during Special Events" Notwithstanding section 10.36.090, no dog, whether leashed or unleashed, shall be permitted within a City park on any day on which the park is host to a special event permitted under section 10.36.210, unless the terms of the permit issued expressIy allow for the presence of dogs. This 757750-1 prohibition shall not apply to any service animaIs, guide dogs, or seeing-eye dogs used by a visually or mobility-impaired park visitor." 10.36.090 Penalty for Violation Any person violating 10.36.096 of the South San Francisco Municipal Code shall be guilty of a misdemeanor and, upon conviction, such person shall be punished as set forth in Chapter 1.24 of the South San Francisco Municipal Code. 10.36.097 Impoundment of AnimaIs In addition to the penalty provided for by section 10.36.96, any dog in a City park in violation of section 10.36.95 of the South San Francisco Municipal Code shall be subject to impoundment under the procedures provided for in Chapter 4.140-210 of Title 9 of the South San Francisco Municipal Code ifits owner refuses a police directive to remove the animal from the event." SECTION 2. SEVERABILITY. In the event any section or portion of this ordinance shall be determined invalid or unconstitutionaI, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 3. PUBLICATION & EFFECTWE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. * * * * * * Introduced at a regular meeting of the City Council of the City of South San Francisco, heId the 22nd day of June 2005. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 13th day of2005, by the following vote: AYES: NOES: 757750-1 ABSTAIN: ABSENT: ATTEST: City CIerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this day of 2005. Mayor 757750-1 AGENDA ITEM #4 DATE: July 13, 2005 TO: Honorable Mayor and City Council FROM: Jayne W. Williams, Interim City Attorney SUBJECT: An Ordinance Amending Section 3.12.010 of the South San Francisco Municipal Code RECOMMENDATION: Adoption of an Ordinance Amending Section 3.12.010 of the South San Francisco Municipal Code BACKGROUND/DISCDSSION: Council has previously waived reading and introduced the following ordinance. The Ordinance is now ready for adoption. AN ORDINANCE AMENDING SECTION 3.12.010 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE (Introduced on 6/22/05 Vote 5-0) ~~C . Jayne 7)Will' 0, " ;'\. r: / \ ~IcV"v'i ) VI . i a ~(..,~, ( tke 1 Barry M. !Nagel, CIty Manager '" 770424..} ORDINANCE NO. AN ORDINANCE AMENDING SECTION 3.12.010 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE WHEREAS, Chapter 12 of Title 3 of the South San Francisco Municipal Code, containing Ii stings of competitive and non-competitive services positions, must periodically be updated as positions are renamed, reclassified, developed and/or deleted from competitive and non-competitive servIces. NOW THEREFORE, the City Council ofthe City of South San Francisco does hereby ordain as follows: SECTION 1. 1. CHAPTER 12.010 OF TITLE 3 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE IS HEREBY AMENDED AS FOLLOWS: SUBDIVISION (a)(5) 1. Change the position title of "Deputy Director of Maintenance Services" to "Superintendent of Public Works." 2. Change the position title of "Maintenance Services Supervisor to "PubIic Works Supervisor." 3. Add the position title of "Superintendent of Parks and Facilities Maintenance." 4. Add the position title of "Cultural Arts Specialist." SECTION 2. SEVERABILITY In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 3. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once, with the names ofthose City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. * * * * * * Introduced at a regular meeting of the City Council of the City of South San Francisco, held the _ day of , 2005. Adopted as an Ordinance ofthe City of South San Francisco at a regular meeting ofthe City Council held the day of , 2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this _ day of , 2005. Mayor S:\Current Ord's\4- I 3-05positon.doc AGENDA ITEM #5 DATE: July 13, 2005 TO: Honorable Mayor and City Council FROM: Valerie Sommer, Library Director SUBJECT: RESOLUTION TO ACCEPT $10,102 IN GRANT FUNDING TO SUPPORT LIBRARY SUMMER READING ACTIVITIES AND AMEND THE LIBRARY DEPARTMENT'S 200512006 OPERATING BUDGET RECOMMENDA TIONS It is recommended that the City Council adopt a resolution authorizing the acceptance of $10,102 in grant funding from various sources to support Summer Reading Activities for children and teens and amending the Library Department's operating budget for fiscal year 2005/2006. BACKGROUND The Library has been awarded $6,000 from the Wells Fargo Foundation, $1,000 from the South San Francisco Foundation for Youth, $250 from Sierra Point Credit Union, $250 from the South San Francisco Lions CIub, and $125 from 1st NationaI Bank to support the ChiIdren's Services' Reader Leader program at the Main Library and Grand Avenue Branch Library. In this program, 6th to 1ih graders assist elementary school children in practicing reading skills. The funds will help support staff and suppIies for this successful program. The Library has been awarded $1,350 from Northern California Grantmakers, $750 from the Friends of the Library, and $377 from the Philanthropic Ventures Foundation to support the Summer Reading Club, Super Readers Are Super Heroes, and the Teen Reading Club, Power Up and Read. The Summer Reading Clubs encourage children and teens to read during the summer. The reading clubs are offered at the Main Library and the Grand A venue Branch Library. The funds will support special programs for the clubs such as Comedy Improv Workshop, Manga Cartoon Workshop, Teen Reading Club Party, a puppet show, magic show, and a performing dog show. FUNDING: The funds will be used to amend this year's operating budget of the Library Department. Funds not expended at the end of fiscal year 200512006 will be carried over into fiscal year 200612007. Receipt of these funds does not commit the City to ongoing support after the close of the funding cycles. \/ /i ' ,- By: V~ ~ Valerie Sommer Library Director Approv ~ RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, ST ATE OF CALIFORNIA A RESOLUTION AUTHORIZING $10,102 IN GRANT FUNDING TO SUPPORT LIBRARY SUMMER READING ACTIVITIES AND AMEND THE LIBRARY DEPARTMENT'S 2005/2006 OPERATING BUDGET WHEREAS, staff recommends the acceptance of $6,000 from the Wells Fargo Foundation, $1,000 from the South San Francisco Foundation for Youth, $250 from Sierra Point Credit Union, $250 from the South San Francisco Lions Club, $125 from 1 st National Bank, $1,350 from Northern California Grantmakers, and $750 from the Friends of the Library to support Library programs; and WHEREAS, the funds will be used to amend this year's operating budget of the Library Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts $6,000 from the Wells Fargo Foundation, $1,000 from the South San Francisco Foundation for Youth, $250 from Sierra Point Credit Union, $250 from the South San Francisco Lions Club, $125 from 1 st National Bank to support the Reader Leader program and $1,350 from Northern California Grantmakers and $750 from the Friends of the Library to support the Summer Reading Clubs and amends the 2005-2006 Operating Budget to add $10,102 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 regular meeting held on the day of 2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk - ~'t\\ S:4N iI ~ . ~~ o ('l >- -'I l;l ~l v 0 ~lJFO~~'" Staff Report AGENDA ITEM #6 DATE: July 13, 2005 TO: Honorable Mayor and City Council FROM: Valerie Sommer, Library Director SUBJECT: RESOLUTION TO ACCEPT A $2,500 GRANT FROM SOROPTIMIST INTERN A TIONAL NORTH SAN MATEO COUNTY TO SUPPORT LIBRARY PROGRAMMING AND AMEND THE LIBRARY DEPARTMENT'S 200512006 OPERATING BUDGET. RECOMMENDA TIONS It is recommended the City Council adopt a resolution authorizing acceptance of a $2,500 grant from Soroptimist International North San Mateo County to support Library programming focused on women's health and safety issues and amend the Library Department's operating budget for fiscal year 200512006. BACKGROUND The Library has been awarded $2,500 from Soroptimist International North San Mateo County to support a series of programs focusing on health and safety issues for women. A "Teen Spa" series will be held at the Library which will educate women and girls about issues that pertain to their health and well being. AdoIescent girls and their mother/aunt/mentor, etc. will be invited to the library to receive nutrition and exercise information while enjoying a "spa" day presented by nutritionists from the San Mateo County Health Services Agency. Additional programs will be offered, focusing on health and safety for women, to round out the series. These funds will provide food for the nutritious meals that will be served during the programs, small equipment items for participants (such as stretch bands or pedometers) and will support program presenters, promotionaI materials, collection development and/or staff support. Soroptimist members seIected this project for support because it fits a number of the organization's core values: improving the lives of women and girls; volunteer action, fellowship and diversity, etc. SeveraI Soroptimist members will serve on a library community advisory group for the project, aIong with a Kaiser Permanente MedicaI Center representative and library staff. FUNDING: The funds will be used to amend the fiscal year 200512006 operating budget of the Library Department. Funds not expended at the end of fiscal year 200512006 will be carried over into fiscal year 200612007. Receipt of these funds does not commit the City to ongoing support after the close of the funding cycle. /'/ / Approved: ~;' '- (~ J3~ri-y M. N ~el . City Manager - By:\/q ~/~ . - Valerie Sommer Library Director RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING $2,500 IN GRANT FUNDING FROM SOROPTIMIST INTERNATIONAL NORTH SAN MATEO COUNTY TO SUPPORT LIBRARY PROGRAMMING AND AMEND THE LIBRARY DEPARTMENT'S 2005/2006 OPERATING BUDGET WHEREAS, staff recommends the acceptance of $2,500 in grant funding from Soroptimist International North San Mateo County to support Library programming; and WHEREAS, the funds will be used to amend this year's operating budget of the Library Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts $2,500 grant from Soroptimist International North San Mateo County to support Library programming focused on teen and women's health and safety issues and amends the 2005-2006 Operating Budget to add $2,500 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 regular meeting held on the day of 2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk AGENDA ITEM #7 DATE: TO: FROM: SUBJECT: July 13, 2005 Honorable Mayor and City Council Susan Kennedy, Assistant to the City Manager RESOLUTION ACCEPTING $5,000 DONATION FROM WELLS FARGO FOUNDATION RECOMMENDATION It is recommended that the City Council approve a resolution accepting a donation from the Wells Fargo Foundation in the amount of $5,000. BACKGROUNDIDISCUSSION On March 20, 2005, the City of South San Francisco was struck by an F 1 tornado causing damage to numerous portions of the city and 480 North Canal, the site of the new Central Fire Station. This building experienced over $40,000 in damage during this storm and the City has filed a claim with ABAG to recover our costs minus our deductible. Wells Fargo contacted the City indicating their interest in making a donation to the City as a result of the damage caused by the tornado and we will be applying these funds toward the cost to repair this building. The Wells Fargo Foundation has also awarded our Library Children's Services program with a grant which is being approved on a separate item this evening. CONCLUSION Staff recommends the City Council accept these funds and approve the attached resolution. There is no ongoing fmancial obligation for the city in accepting these funds. By: APProv~M ' C:~ L . Nage City Manager - Susan E. Kennedy Senior Management Analyst Attachment: Resolution RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION ACCEPTING A DONATION OF $5000 FROM TIlE WELlS FARGO FOUNDATION FOR REPAIR OFTIIE FlRE STATION AT 480 NORTII CANAL STREET ON BEHALF OF TIlE CITY OF SOUTH SAN FRANCISCO WHEREAS, on March 20, 2005, the City of South San Francisco was struck by an FI tornado, causing substantial damage to the Fire Station located at 480 North Canal Street; and WHEREAS, the Wells Fargo foUndation contacted the City indicating a desire to donate $5000 to the City of South San Francisco for repair damage caused by the tornado; and WHEREAS, the funds will be allocated towards the costs of building repair. NOW, THEREFORE, BE rr RESOLVED by the City Council of the City of South San Francisco that the City hereby accepts the donation in the amount of $5000 from the W"ells Fargo Foundation for the purpose of repairing damage sustained by the Fire Station at 480 North Canal Street in the tornado of March 20,2005. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute any documents necessary to effectuate the donation on behalf of the City Council. * * * * * * 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 , 2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk - ~'t1\ 8M m ~ - ~,~ o ("l. l>-t ~ t:l c") v c C'. ~~ 4.l1FO-p..~ Staff Report AGENDA ITEM #8 DATE: TO: FROM: SUBJECT: July 13, 2005 Honorable Mayor and City Council Susan Kennedy, Assistant to the City Manager RESOLUTION APPROVING THE AMENDMENT TO AND RE- STATEMENT OF THE JOINT POWERS AGREEMENT ESTABLISHING THE PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE RECOMMENDATION It is recommended that the City Council approve a resolution approving the amendment to and re-statement of the Joint Powers Agreement Establishing the Peninsula Traffic Congestion Relief Alliance and authorizing the City Manager to execute the appropriate agreements. BACKGROUND/DISCUSSION The Peninsula Traffic Congestion Relief Alliance ("Alliance") was established in 2000 to assist the public and private sectors with reducing traffic congestion and air pollution. The Alliance was created through a Joint Powers Agreement ("JP A") between fifteen cities in the County of San Mateo. The County of San Mateo and the City of Atherton, neither of which are currently parties to the JP A, now wish to join the Alliance. The cities of Hills borough and Woodside may also decide to join the Alliance. The JP A is being amended to provide for the addition of these new members. The JP A is also being amended to increase the flexibility of the committee structure. Specifically, previous sections establishing a Supervisory Committee and an Advisory Council have been deleted and replaced with one provision that broadly addresses "Committees". This change gives the Board discretion to establish committees as it deems necessary and desirable to assist the Alliance in carrying out its organizational purposes, and to designate the purpose and composition of any standing committees in the Bylaws. Finally, the addition of new members and flexible approach to committees requires a number of other minor housekeeping changes to the JP A, such as changing reference from "city" to "cities" and "party" to "parties" and deleting reference to the Supervisory Committee. The revised version of the JP A was approved by the Traffic Congestion Relief Alliance Board of Directors, which is comprised of elected officials from each represented jurisdiction, at its June 2, 2005 meeting. Council member Garbarino serves as South San Francisco's representative on this Board. Staff Report Subject: (Restatement of Peninsula Traffic Congestion Relief Alliance JP A) Page 2 FISCAL IMP ACT There is no fiscal impact to the City of South San Francisco. Susan E. Kennedy Assistant to the City Approved: By: Attachment: Resolution Agreement (as approved by the Alliance Board of Directors) Agreement (showing tracked changes) RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING AMENDMENT AND RESTATEMENT OF THE JOINT POWERS AGREEMENT ESTABLISIDNG THE PENINSULA CONGESTION RELIEF ALLIANCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AMENDMENT AND REINSTATEMENT ON BEHALF OF THE CITY WHEREAS, , the Peninsula Congestion Relief Alliance ("Alliance") was established in 2000 through a Joint Powers Agreement ("JP ~') executed by fifteen cities in the County of San Mateo, to assist the public and private sectors in achieving traffic congestion relief; and WHEREAS, the County of San Mateo and the City of Atherton desire to join the Alliance and two other cities in the County are also considering membership; and WHEREAS, in the interests of effective management of the Alliance, it is desirable to increase the flexibility of the committee structure by giving the Board discretion to establish committees as it deems necessary and desirable to assist the Alliance in carrying out its organizational purposes, and to designate the purpose and composition of any standing committees in the Bylaws of the Alliance; and WHEREAS, it is necessary to amend the JP A to provide for the addition of new members, to facilitate the more flexible approach to the Alliance's committee structure, and to make certain housekeeping corrections required by these changes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the First Amendment to and Restatement of Joint Powers Agreement Establishing the Peninsula Traffic Congestion Relief Alliance BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the documents necessary to effectuate the First Amendment and Restatement on behalf of the City Council. * * * * * * 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 , 2005 by the following vote: AYES: NOES: AT')CO.,..ATlI.T. ABSENT: ATTEST: City Clerk s:\Current Reso's\9-10community.partnersbip.res.doc .' FIRST AMENDMENT TO AND RESTATEMENT OF JOINT POWERS AGREEMENT ESTABLISHING THE PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE THIS AGREEMENT by and among the cities and the County of San MateowIio become signatories to this agreement (hereinafter referred to as "Party" in the singular and "Parties" collectively, as the content requires) is mad~ and entered into as of the _ day of ,2005 and in light of the following recitals: . t .. -. A. The Parties have authority to undertake transportation demand management activities in their' respective communities and desire to establish the Peninsula Traffic Congestion Relief Alliance under which the parties will work together to reduce the number, of single occupant vehicles traveling on streets and highways in San Mateo County. B. The Parties are authorized to contract With each other for the joint exercise of.any common power pursuant to Government Code Sections 6500et seq. C. The Parties desire to establish the Peninsuia Traffic Congestion Relief Alliance as a joint powers authority in accordance with the terms and conditions outlined in this Agreement. . .. . . NOW, THEREFORE, the. Parties, in consideration of the mutual promises arid agreements . . . \ contained herein, agree as follows: 1. Purpose: The Parties enter into this Agreement for the sole purpose of establishing and operating the Peninsula Traffic Congestion Relief Alliance ("Alliance") to reduce traffic congestion and air pollution through Transportation Demand Management (TDM) programs, services and. subsidies and other related consultation services, designed to reduce the number of single occupant vehicles traveling on streets and highways in San Mateo County. The activities of the Alliance also may assist Parties in meeting what is caUed "TSM" obligations for receipt of Measure A sales ta,x funds. . 2. Definitions: (a) "Employer" shall mean any public or private employer or group thereof, including a city or the County, who has a permanent place of business in the County of San Mateo. " (b) . 'Taity" or "Parties" shall mean a member of the Peninsula Traffic r" Congestion Relief Alliance and a party signator to this Agreement establishing the Alliance. 768104.4 (c) ''TDM ar Transpartatian Deri:umd Management" shall mean a pragram ar acti~ty to imprave the efficien~ af the existing transpartatian system by increasing the use af alternative mades af .. transpartatian s:uch as carpoals, vanpaals, public transit, bicycles, w8ndng and telecommuting., , " " 3. Establishment of Alliance: The Paities hereby create an entity to be knawn as the Peninsula Traffic Cangestian Relief Alliance to. exercise in the manner set farth in this Agreement the specifiedpawers camman to each af the Parties. The Alliance, s~ be a public entity that is separate fram the Parties and shall be respansible far the administratian af this . Agreement. Except as provided herein, the debts, liabilities, and/or obligatians afthe Alliance shall be the debts, liabilities, and/or abligations solely afthe Alliance and shall nat be the debts, liabilities, and/ar obligations af any Party to this Agreement. 4. ' Term: This Agreement shall be effective Olithe dRte by which any nine Parties have executed it and shall continue in effect until terminated. as . pravided herein. 5. Powers of the Alliance: The Alliance shall have the powers and duties: / (a) .To make and enter into. cantracts;' (b) To. incur debts, liabilities ar abligations; (c) To solicit, receive, and use grants, advances and contributians from all available sources, public or private, including federal, state and lacal subventians; (d) To. adapt bylaws; (e) To. employ employees ar agents ar cantract far the services of agents, emplayees~ consultants and such ather persons or :firms as it deems necessary; (t) To. sue and be sued in its awn name; (g) To. invest any surplus funds nat required far the immediate necessities af the Alliance as the Gaverning Baard determines is advisable, in the c;ame manner and upon the same conditians as lacal agencies pursuant to. Gavernment Cade Section 53601; (h) To. enfarce all pravisians afthis Agreement; , (i) To. negatiate far, acquire, hald, manage, maintain, cantralar dispase af real andpersanal praperty; 2 768104.4 G) To levy and collect fees and charges, including administrative' and operating cos~, to third parties who receive the benefit of services from the Alliahce; and - - . . . .' - , - (k) _~_,To do all other acts deemed necessary or convenient to achieve the pmposes and objectives of the Alliance. 6. Governine Board: There is hereby created a Governing Board (also , referred to as ''Board'') to govern the Alliance. Each Party shall appoint 'one Coun~ilmember or, in the case of the County, one member of the . Board of Supervisors, to serve on the Governing Board and another Councilmember, or Supervisor in the case of the County, to serve as an alternate, with each continuing in such capacity until replaced. The . Governing BoardshaU elect one of its members to serve as Chairperson. The Board shall meet as needed, but at least one time a year. Meetings shall be held in San Mateo County at a place to be designated. Each member of the Board shall have one vote. The Governing Board shall be responsible for establishing the policy direction of the Alliance. On an annual basis, the Board shall adopt a work plan and budget for programs, services and subsidies that support the Alliance's pmposes. The Governing Board may from time to time give public recognition to Employers and other participants for notable efforts and achievements with respect to TDM programs. The Board shall exercise all powers and authority on behalf of the parties and may do any and all things necessary to carry out this Agreement. 7. Committees: The Governing Board shalf eStablish such committees, either standing or ad hoc, as it deems necessary and appropriate to assist the Alliance in carrying out the purposes of this Agreement. The establishment of staUding committees, as well as their composition, method of appointment, role and purpose, shall be designated in the Bylaws of the Alliance as adopted by the Governing Board. 8. Budeet: The Executive Director annually shall prepare a budget for the Alliance setting forth anticipated expenses, financing sources and proposed service levels and-programs necessary to carry out the purposes of this Agreement. The Executive Director shall recommend the budget to the Governing Board for approval after reviewing same with any committee the Governing Board may establish and designate for this purpose. In the event the budget contemplates revenue in the form of monetary contributions from the parties, the budget shall be submitted to each Party for approval. 9. Staff of the Alliance: The Governing Board shall appoint an Executive Director. The Executive Director may hire other staffpeople for the Alliance, as needed, provided'that such hiring conforms to the approved -3 768104.4 . . , budget The Executive Director may contract for the pr~vision of other . staff services, provided that such contracts conform to the approved budget In lieu of an Executive Director, the Governing Board may contract for such management services. Staff or contractors will be . employee{s) or contractee(s) of the Alliance.. The Executive Director and. other staffshall serve'at~e pleasure of the hiring or appointing authority. . At the direction of the Governing Board, the Executive Director shall work with such committees as may he established and designated for this pmpose. The ExeCutive Director shall be employed by the Alliance and shall: (a) . Be responsible for Alliance management, strategic planning, financial management, personnel, and implementation of the Boar;d-adopted annual work program and budget; and Be responsible for day to day personnel matters and for the hiring and firing of subordinate staff members; and (b) , . Prepare an annual report describing the results of program implementation, transportation surveys, TDM programs and other information including the successes in attaining the goals and objectives to advance.thepurpose' <:>fthe Alliance. . The Governing Board may also appoint legal counsel to represent the Alliance. (c) 10. Fiscal A2ent: The member Party designated in the Bylaws of the Alliance as adopted by the Governing Board shall act as Fiscal Agent for the Alliance and shall be charged with the following responsibilities: (a) (b) (c) The custody of all money, property and assets of the Alliance; The maintenance of all financial books and records necessary to conduct the business of the ~ance; and. The development of periodic reports to the Goveming Board and the Executive Director regarding receipts, disbursements and the finanCial condition of the Alliance. ' . The Alliance, through the Fiscal Agent, shall retain an independent certified public accountant each year to conduct a fiscal year end audit and to prepare financial statements fQr the Alliance. 11. Withdrawal: Any participatirig Party may withdraw from this Agreement" by filing written notice of intention to do so with the other parties. Termination will take effect on July 1 of any year, provided there is a least six months advance notice. The withdrawal of any Party from this 4 768104.4 Agreement shall in no way affect the rights and obligations of the remaining Parties. If a.Party withdraws from this Agre~ment, it is not entitled to return of any funds contributed to the Agency nor to the return in cash or in kind of any materials or supplies contributed. Withdrawing Parties still are obligated for all payments due from them Jor the fiscal year oftbe witbdrawaL____.H '. 12. Termination and DisDosition of ProDertv: This Agreement shall be deemed terminated when only one Party continues to participate, or when all participating Parties choose to terminate it Upon termination, all . assets shall be distributed in equal shares to the Parties still active at the time of termination or to the one Party continuing to participate or to a successor agency designated by all of the remaining parties at the time of termination, with the exception that if any surplus money of the Alliance at the time of termination represents' monetary contributions from still active member Parties, said money shall be refunded to such Parties in proportion to the contributions made. 13. Amendment: This Agreement may be amended from time to time with . the written consent ofa majority of the participating Parties. 14. Insurance and Indemnification: The Alliance shall acquire such insurance protection, including coverage for workers' compensation and '. . commercial general liability, as is necessary t6 protect the interests of the Governing Board, the Parties, the Alliance staff, representatives, volunteers and other participants. The Alliance shall, at its sole expense, assume the defense of and indemnify and save harmless each Party to this Agreement and its respective councilmembers, officers, agents and employees, from all claims, losses, damages, costs, injury and liabiJity of every kind, nature and description directly or indirectly arising from the . ' performance of any of the activities, programs or services of the Alliance, its Governing Board, or staff. 15. Execution in Counterparts: This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall conStitute one and the same agreement IN WITNESS WHEREOF, the parties hereto by their dulyauthonzed representatives, have executed this Agreement . ATTEST: CITY OF BELMONT . By By Mayor City Clerk 5 768104.4 ~ ATTEST: CITY OF BRISBANE ___ By City Clerk - .'~y_. -Mayor - ATTEST: CITY OF BURLINGAME By By City Clerk Mayor ATTEST: CITY OF COLMA By By - City Clerk Mayor _ ATTEST: _~ C~ OF nAL yem By By City Clerk Mayor ATTEST CITY OF EAST PALO ALTO By By City CI~k Mayor ATTEST: CITY QF FOSTER CITY By By City Clerk Mayor 6 768104.4 ATTEST: CITY OF HALF MOON BAY By . City Clerk . By Mayor.. ... -'---. ATTEST:. CITY OF MILLBRAE By City Clerk By Mayor ATTEST: CITY OF PACIFICA By By City Clerk . . Mayor . A TIEST: . CITY OF .REDWOOD.CITY By By . City Clerk Mayor. AlTEST: CITY OF SAN BRUNO . By By City Clerk Mayor ATTEST: CITY OF SAN CARLOS . , By By City Clerk Mayor. 7 768104.4 p ATTEST: By- '. ~ity Cler~ ATTEST: By City Clerk ATTEST: By Clerk ,of the Board ATTEST: ' By City Clerk ATTEST: By City Clerk ATTEST: By City Clerk 8 . CITY OF SAN MATEO By _ _ ,'May~r.' " - CITY OF SO. SAN FRANCISCO , By Mayor COUNTY OF SAN MATEO By - - - President of Board of Supervisors ClTYOF ATHERTON By Mayor CITY HILLSBOROUGH By Mayor CITY OF WOODSIDE By Mayor 768104.4 FIRST AMENDMENT TO AND RF,STA TEMENT OF JOINT POWERS AGREEMENT ESTABLlSHJNG THE PENINSULA TRAFFIC CONGESTION RELIEF ALLIANCE .. . . THIS AGREEMENT by and among the cities and the Countv of San Mateo who become signatories to this agfeem.ent (hereinafter referred to as "the Cities" (1I; "City'!ParW' in th~ . sinmlar and ''Parties'' collectivelv, as the content requireS) is made and entered into as of the - day of . . " ~. and in light of the following recitals: A. The ~ have authority to undertake transportation demand management activities in their respective communities ~d desire to establish the PeninsUla Traffic Congestion Relief Alliance under which the parties will work together to reduce the number of single occupant vehicles traveling en streets and highways in San Mateo County. B. The ~ are authorized to contract with each other for the joint exercise of any common power pursuant to Government Code Sections 6500 1Mel:lgh ~. C. The j*Hties,Parties desire to establish the Peninsula Traffic Congestion Relief Alliance as a joint powers authority in acc011lance with the tenDs and conditions outlined in this Agreement NOW, THEREFORE, the GHiesParties, in consideration of the mutual promises and agreements contained herein, agree as follows: . 1. ~ose: The ~ enter into this Agreement for the sole puxpose of establishing l:l.D.d operating the Peninsula Traffic Congestion Relief Alliance ("Alliance'? to reduce traffic congesti()n and air pollution through Transportation Demand Management (IDM) programs, services. and subsidies and other related consultation services, designed toreduee the nuniber of single occupant vehicles traveling on streets and highways in San Mateo County. The activities of the AllianCe also may assist GHie&~ in meeting what is called 'TSM" obligations for receipt of Measure A sales tax funds. . 2. Definitions: (a) "Employer" shall mean any public or private employer or group thereof, including a city or the GityCountv. who has a permanent . . place of business in the County of San Mateo. 1 Fonnatted: Cleek speiling and " graJ'JlIIla/' . , J , , , 768104aY~ ' (bJ. "Partv" or "Pa"!'es" s~all mean a niemb~ of tb~ P:~::I~ Traflie Conlmldion Rehef ADiance and a nartv Iili~' ill Al!l'eement establi!lhin~ the Alliance. (e) 'TDM or Transportation Demand Management" shall mean a" program or activity to improve the efficiency of the existing transporta1ion system by increasing the use of alternative modes of transportation such as carpools. vanpoolS, public transit, bicycles, walking and te1ecommuting____ (a) .'City" aF "C4aes" (sBIIleBmeS FefeH:ed te 85 "J:lBl'ty" af "parties'') , shall illeR a BleIB1:ler af the Pemnsula TFBAie C9HgSsd8R Relief ,AUimas &ad a pmy sigR&leF ta tlHs .^..greeIReBt esmeIismg die ARi&Ree. ' , ' 3. Establishment of ADiance: The ~ hereby create Ill) entity to be known as the Peninsula Traffic Congestion Relief Alliance to exercise in the :manner set forth in this Agreement the ~ed powers common to each of the ~.Parties. The Alliance shall be a public entity that is separate from the ~ and shall be responsible for the adminiStration of ~ Agreement. Except as provided herein, the debts, liabilities, and/or obligations of the Alliance shall be the debts, liabilities, and/or obligations solely of the Alliance and shall not be the debts, ~ties, and/or obligations of any ~fIm to this Agreement 4. Term: This A8reement shall be effective on the ~ by which any eight QBesnine Parties have executed it and shall continue in effect until tenninated as provided herein. ' S. Powers of the ADianee: The Alliance shall have the powers and duties: (a) (b) (c) (d) (e) " (f) To make and enter into contracts; ; To incur debts, liabilities or obligations; To solicit, receive, and use grants, advances and contributions from all available sources, public or private, including federal, state and local subventions; To adopt bylaws; To employ employees or agents or contract for the services of agents, employees, consultants and such other persons or finns as it deems necessary; ,To sue and be sued in its own name; 2 I I ~ - - - -' 768104.~ , 1 Farnud:I.m 01eck spelBng IIld " gl'llllllllill' (g) To invest any smplns funds not required for the immediate. necessities of the Alliance as the Governing Board detennines is advisable, in the same manner and upon the same conditions as local agencies pursuant to Government Code Section 53601; (h) To enforce all provisions ,of this Agreement; (i) To negotiate for, acquire, hold, manage, maintain, control or disp.ose of real and personal property; . G) 'To levy and collect fees and charges, including administrative and operating costs, to third parties who receive the. benefit of Services from the Alliance; and ' (k) To do all other acts deemed necessary or convenient ~ achieve the pwposes aDd objectives of the AllianCe. 6. Govemine Board: There is hereby created a Goverriing Board ~ referred to 8.0; "Board'') to govern the Alliance. Each GHy~ shall appoint one Counci1member or. in the case of the Countv. one membe..: of the Board of Sunervisors. to serve on the Goverriin!! Boardaild another Councilmember. or SunerviClOr in the case of the Countv. to serve as an al1:ematea with each continuing in such capacity until replaced. The Governin2 Board shall elect one of its members to serve as . ChaUperson. The Board shall meet as needed, but at least one time a year. Meetings shall be held in San Mateo County at ~i place to be designated. Each member of the Board shall have one vote. 7. The Governin2 Board shall be responsible for establishing the policy direction of the Alliance. On an annual basis, the Board shall adopt a work plan and budget for programs, services and subsidies that support the Alliance's purpOSej.The Beam shalll:le all-1h()Ii~d t8 eall sJl, mview and upheld aT r13YeFse any aeeisisa made BY MJe SHJlervisofY Cammhtee. :J:fleGovemin2 Board may from time to time give public recognition to Employers and other participants for notable efforts and achievtmleDtS with respect to TOM programs. The Board shall exercise all powers and authority on behalf of the parties and may do any and aU things necessary to carry out this Agreement .. Supenisory Committee: Th6fe is aeFeby ~ated a Supervisory CoHHHittee El8R1flrlsed af at least five (3) 8fthe.eity HlIHlBgefS af th.eir liesi~ees :f.Fem amaag the flames. lB 9:flflaiaoog tke meiooers at tke SliflervisoryCommittee, !;he Gevemleg Reara will attempt t8 aerneve llpflFeflriate geogRlJlhie Fefll'6seataBan, taking iHta eaBsisemli8B shared lfaHSflSrtaaOB featl.1res~ The oSufler\'isary CSHlmhteel will H1eetljuarterly to O'/eFS6e tae .^JH8:Boe's efleam8BS, 'to pFeblem salve, 18 Elflpreye C:Ir'..ft . peliey m60H1IFleailat:iaBs far the G8'/emiBg :SaaRi! ana t8 reesmmeas to 3 I I 4 _ _ __I 768104.~ , 1 Formatted: Cleek speJUng and , QriIIIIIIIilr I ~~~~ ~B8Fd 8ft 8BIRI&I wark pie and lNtJget The 8BPSfl.riSery CBBUnittee sliall siesta CIHtir ";:h8 sll&ll pfeV3E1e 8"'_1 Elireed; ~ ad &8E16l1p~ the seeUB':e :QiFeet9f at: tlle _\u-::~:;::j ~o~ Governin~ Roam shall eRtahliflh rmeh commit . in .r ad hOl"- as it deP.mll U-Drv ~d __nnronn. to 8~~-::~==: ~n carrvin" oQt the nqrqm;e,; 8fth"l AIm!emF.nt. The es&h _ strindin~ committ__ as weD as their eOll1DlIIdtion. meth~ ~; ...... 8DDOintment. role and nnrnoRe.. shall ~ deRi'"::...h!d i~~~_ B;laws o{ the ADiance as adonted bv the Govemm~ Boa . 8. f_d-o;js9f}' C9llBeil: Th_ is lleFeBY RateEl e AdvisBFy C9ll8Elil eempFised ef o'91YBteSfS Helll BJRpleyeFS, busit &gaBeiest ~e Oty/C9YBty :\ssgeiaBBH ef GevemIBems, $e 8BB Matee C9HBty Tl'lmSfI9F6lliBH }..!eRey, die C8HMj'.a&d.iBtel'eMEI memeefll9fthe geaeFal p&hlie . te assist the .\IIIanee skHf o,vHh the 8e':sl9PIB8Bt ef the a~a1 ~;-;k plBR, t9 pfe'Ade feeElhaek BREI flFBgRlRl FeBaemem,ed te efgaHii!f;t sB&legie pllf'l:R8f5Ilips far speeial pF9jeets thfeagk9Ht 1fte year, 9:--B1Ub!et: The Executive Director annually shall prepare a budget for the Alliance setting. forth anticipated expenses, financing sources and proposed service levels and programs necessary to cany out the purposes of this Agreement The SupmiS8Fy CeHHBiUee The EXl!f'IJflve Dil'eM:or shall recommend the budget to the Governing Board for approva.J.BflK reviewinlJ same with anv committee the (',..ovemin~ lloam m8V estahHsh anddesifmlJte for this nui'nMP.. In the eVent the budget contemplates revenue in the fo:an of monetarycontributiqns from the parties, the budget shall be submitted to each ~.I:II:l1 fOr approval. ~, Staff of the Alliance: The Governing Board shall appoint an Executive Director UpBR FeEl8HllBeRelat:ieB ef the SspSF' AS9P}' CBRllBhtee. The Executive Directo!', lIpBH eeBsIHtaBeB ,,'A1ft the SUpSfl.riSBFy CeRHHiHee, may hire other staff people far the Alliance, as needed, provided that such hiring conforms to the approved budget The ~xeentive Dil'el't.nr mav eonf:ract tor the Drnvidon 01 other staff seml!elL nrnv;ded th8~ ~eh colltraclJl conform to the aDnroved buihet.. :rn lieU of an Executive Director, the GoveII!ing Board, BpeB FeeeBURElBelas9R Bf 1M 8apervisery C9HIIBiHee, may contract for such management services, The &.eealive DiFeetBf, Bp9B eBBSak&t:ieB ~:.itR the Chair ef 1ge Sapel'visElfY C;~~ee, ~ ee9lraet fer the pl'Bo.isiaB ef B1Rer staff seFViees, pFElviEleEl tllat SUeA . eBBtraets eenfBFIB ie theaJiPF9o:ed BURget: Staff or contractms will be employee(s) or contractee(s)ofthe Alliance, The Executi.ve Director and other staff shall serve at the pleasure of the hiIlng or appointing authority, At the ~ireclion of the Govemin~ Board. the RYPM::e ~::.~ m:::,J work WIth such co~ asm8V he eRtahlished __ ~______ this nnrnose.. . . The Executive Director sha11 be employed by the Alli.ance and sha11.: 4 , , ~ - - --' 768104.~ ,. , i :::::-= 01edt spelling BIIlI , . (a) Be responsible for Alliance ~gement, strategic plaiming, financial management, personnel, and implementation of the Board-adopted annual work program and budget; and (b) Be responsible for day to day personnel matters and for the hiring and firing of subordinate staff members in oOll5.Hltatiaa ,:/itb the 8Hflervisary Cemmittec; and -- (c) Prepare an annual report describing the results of program implementation, transportation surveys, TOM programs and other information including the successes in attaining the goals and objectives to advance the purpose of the Allian.ce.. .. -. . The Governing Board, 1lJlBflFeeommeaelatioo of the SHfleF','isery CommiUOC, may also appoint legal counsel to represent the Alliance. -1+1..0, Fiscal Al!ent: The member Qty~ designated in the Bylaws of the Alliance as adopted by the Governing Board shall act as FIscal Agent for the Alliance and shall be charg~ with the following responsibilities: (a) The custody of all Il1l?ney, property aDd assets of the Alliance; (b) The maintenance of all financial books and records necessary to conduct the business of the Alliance; and . . (c) . The development of periodic reports to the Governing Board;-t:he SUflervi50ry Cemmittec and the Executive DirectOr regarding receipts, disbursements and the financial condition of the Alliance. The Alliance, through the FIScal Agent, shall retain an independent certified public accountant each year to conduct a fiScal year end audit and to prepare financial statements for.the Alliance. ~lJ.& Withdrawal: Any participating GityJ3m may withdraw from this A~ment by filing written notice of intention.to do so with the other . emes.oarties. Termination will take effect on July 1 of any year, provided there is a least six mOnths advance notice. The withdrawal of any paRy~ from this Agreement shall in no way affect the rights and obligations of the remaining Gitielr.Parties. If a Qty~ withdraws from this Agreement, it is not entitled to return of any funds contributed to the Agency nor to the return in cash or in kind of any materials or supplies con1ributed. Withdrawing eHiea~ still are obligated for all payments due from them for the fiscal year of the withdrawal. . Hll. Termination and Disnosition ofProDertv: This Agreement shall be deemed tenninAted when only one ~f!uiI continues to participate, or when all participating ~ choose to tenninate it Upon . termination, all assets shall be distributed in equal shares to the 5 I .&.. - - __I 768104.~ , 1 Formatted: 0Ieck spel8ng and , grammar ; ~.still acti,!e at the time oftP.rminatlon or to the one ~EII:Ii1 continuing to participate or to a Sl1CCeSSor agency deRigJIl\ted by all of the renlliinil'lg parties at the time of termination, with the exception that jfany smplus money of the Alliance at the time of termination reprel!ents monetary contributions from still active member ~ said money shall be refunded to such ~ in proportion to the _ contributions made. -I4JJ. A mendment: This .Agi:eementmay be a1T1ended from: 1ime' to time with the written consent.of a majoritr of the participating ~ ~J4. IDsonmce and Indp.mnifleation: The Alliance shall acquire such insurance protection, ~uding coverage for 'Ne8<er'sworken' coiopensation and coIDJnerCia1 general liability, as is necessary to protect the interests of the Governing Board, the ~ the Alliance staff, representatives, volunteers and other participants. The Alliance shall, at its sole expenSe, assume the defense of and indP.m11ify and save harmless each ~ to this .Agreement and its respective counci1.members, officers, agents and employees, froni all c1aims,losses, damages, costs, injmy and liability of every kind, nature and description directly or indirectly arising from the perfar.mimce of any of the activities, programs or serviceS of the Alliance, its Governing B08Id, SH:Pet""Jisery CeRlR1iltee or staff, . ~~Execntion in Countemarts: This Agreement may be executed in coUDterparts, each of which shall be deemed an original but all of which shall constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto by their duly authorized representatives, have execUted tbis Agreement. A'ITEST: CITY OF BELMONT By By: ~Clerk af CRy CelHlsU Mayor 6. / / .. - - --' 768104.~ / 1 ~ 01eck spelllnJ BIICI ATIEST: CITY OF BRISBANE By By ~Clerk afCity-CsllBeil Mayor ATTEST: CITY OF BURLlNGAME By By Qb:.Clerk of City CouBcil Mayor ATTEST: CITY OF COLMA By By ,Qtt,Clerk ef Citj: CSlJBeil Mayor ATTEST: CITY OF DALY CITY By By ~Clerk ef City CauBei) MayOr 7 ... - - - -~ 768104.~ ,,1 ~l Oleck speJUng and ATl'EST: cirY OF BAST pALo ALTO By: By: .aa.Clerk sf 01;)' CSHHeil ---MaY<1L- . ATI'EST: CITY OF FOSTER CITY By: . .Qix.Clerk sf City C9BReil By: Mayor ATl'EST: CITY OF HALF MOON BAY By: 5Jl1.C1erk sf Cit:y C9BReil By: Mayor ATTEST: CITY OF MlLLBRAE By: By: gaClerk sf City CSYReil Mayor 8 :' 1 ::::- Clect spelDrUI1l ] I I / A.____ 768104.if ATIEST: CITY OF PACIFICA By: - By: ~Clerk ef City CSlloeil Mayor ATI'EST: CITY OF REDWOOD CITY .By By ~Clerk of City Cal:iBeil Mayor ATI'EST: CITY OF SAN BRUNO By: By ~Clerk Elf City CSllB6il Mayor 9 J i Fonnlltted: C1ect spelling and .1 I . grammar . ( I I I A.____ 768104.~ ATI'EST: CITY OF SAN CARLos' By By . ~Clerk af aty C~YBeil Mayor AITEST: CITY OF SAN MAma By ~CIerk af a~' CeYneil By Mayor AITEST: CITY OF SO. SAN FRANCISCO By ~Clerk af a~ CaBReil By Mayor A'ITF..sT: COT~ OF SAN MA TF..o ~v ClP.rk of the Board Bv . . -Premd~t of Board of SnDf!rvkln~ A 'I'TE.~T: CITY OF A THR~TO~ Bv City Clerk Bv M8Vl)~ 10 " [::::- 0Iedt speI~ lIIld ] , I , I ....---- 768104."4 ~ A'I"I'E.l;tT: Bv ATTEST: Bv Citv Clerk Cin Clerk 11 CJTV JUI,LSBOROUGH Bv Mavor CITV OF WOOnSIDF. Bv Mavor " 1 =:-: OleckspelUng and , / / &. - - --' 768104.~ ~,\:1l s:1N g' ~ . ~~\ o ('l.:) ~ ..... I;j ~ u 0 C,"~~~ Staff Report AGENDA ITEM #9 DATE: July 13,2005 TO: The Honorable Mayor and City Council FROM: Jim Steele, Finance Director SUBJECT: RESOLUTION AUTHORIZING THE CITY TO JOIN THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY (CSCDA) RECOMMENDATION: It is recommended that the City Council adopt a resolution authorizing the City Manager to execute the necessary documents for the City to join the California Statewide Communities Development Authority (CSCDA). BACKGROUNDIDISCUSSION: The California Statewide Communities Development Authority (CSCDA), more commonly known as "California Communities" is a joint exercise of powers authority (JPA) sponsored by the California State Association of Counties and the League of California Cities. California Communities was created to provide local governments and private entities access to low-cost, tax- exempt financing for projects that create jobs, help communities prosper and improve the quality of life in California. California Communities has issued more than $20 billion in tax-exempt bonds since its creation in 1988. California Communities is one of the top fifteen issuers of government bonds in the United States ranking fourteenth in dollar volume and first in number of financings completed. Any city, county or special district in California is eligible to become a member of California Communities by having its governing board adopt a resolution authorizing the execution of the CSCDA joint powers agreement. Staff recommends that the City join the California Communities JP A at this time so that BRIDGE Housing Corporation (BRIDGE) will be able to apply for tax-exempt bond financing for the Oak Avenue affordable housing project. In a previous action, the Redevelopment Agency Board approved a $3.5 million loan agreement with BRIDGE for this project in March. As part of its total financing package, BRIDGE needs additional funds to complete the Oak Avenue project. One of those sources is tax-exempt bond financing which CSCDA is authorized to issue. Federal tax regulations provide that a government agency must issue bonds in order for them to be tax-exempt. The CSCDA, as a government agency, sponsors such bond programs, and the City of South San Francisco needs to join CSCDA in order for the housing project to be eligible to apply for funding from a tax-exempt CSCDA bond sale. The attached resolution therefore authorizes the City Manager to execute documents for the City to join CSCDA. Staff Report To: The Honorable Mayor and City Council Re: Join the CSCDA Date: July 13, 2005 Page 2 The Council will be asked in a public hearing later tonight to consent to the issuance of bonds by CSCDA to finance the housing project sponsored by BRIDGE. The CSCDA bonds that would be used to finance the project will not be City bonds, and the City will have no obligation to repay the bonds. Joining CSCDA will also allow the City to participate in pooled California Communities bond sales in the future, such as pooled Wastewater bonds, if it so desires. Pooled bonds are often a cost effective way to lower bond issuance costs. No such actions would take place without staff obtaining Council authorization first. . FUNDING: There is no cost for the City of South San Francisco to join the California Communities JP A. By: Cl~ Jim EjteeIe Finance Director Approve ATTACHMENTS: Resolution J oint Powers Authority Agreement JS/BN:ed I' RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY WHEREAS, the City of South San Francisco, California (the "City"), has expressed an interest in participating in the economic development financing programs (the "Programs") in conjunction with the parties to that certain Amended and Restated Joint Exercise of Powers Agreement Relating to the California Statewide Connnunities Development Authority, dated as of June 1, 1988 (the "Agreement"); and WHEREAS, there is now before this City Council the form of the Agreement; and WHEREAS, the City proposes to participate in the Programs and desires that certain projects to be located within the City be financed pursuant to the Programs and it is in the public interest and for the public benefit that the City do so; and WHEREAS, the Agreement has been filed with the City, and the members of the City Council of the City, with the assistance of its staff, have reviewed said document; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AS FOLLOWS: Section 1. The Agreement is hereby approved and the Mayor or the City Manager or designee thereof is hereby authorized and directed to execute said document, with such changes, insertions and omissions as may be approved by said Mayor or City Manager, and the City Clerk or such Clerk's designee is hereby authorized and directed to affix the City's seal to said document and to attest thereto. Section 2. The Mayor, the City Manager, the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized. DOCSSCI :356439.1 I" Section 3. The City Clerk of the City shall forward a certified copy of this Resolution and an originally executed Agreement to: Angie Sessions Orrick, Herrington & Sutcliffe LLP 400 Capital Mall, Suite 3000 Sacramento, California 95814 Section 4. This resolution shall take effect immediately upon its passage. ADOPTED by the City Council of the City of South San Francisco at a regular meeting of said Council held on the _ day of , 2005, by the following vote: AYES: NOES: ABSENT: Authorized Officer ATTEST: City Clerk DOCSSCl :356439. I 2 I" AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY THIS AGREEMENT, dated as of June 1,1988, by and among the parties executing this Agreement (all such parties, except those which have withdrawn in accordance with Section 13 hereof, being herein referred to as the "Program Participants"): WITNESSETH WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the Government Code of the State of California (the "Joint Exercise of Powers Act"), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, each of the Program Participants is a "public agency" as that term is defined in Section 6500 of the Government Code of the State of California, and WHEREAS, each of the Program Participants is empowered to promote economic development, including, without limitation, the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, and the increase of the tax base, within its boundaries; and WHEREAS, a public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue industrial development bonds pursuant to the California Industrial Development Financing Act (Title 10 (commencing with Section 91500 of the Government Code of the State of California)) (the "Act") and to otherwise undertake financing programs under the Joint Exercise of Powers Act or other applicable provisions of law to promote economic development through the issuance of bonds, notes, or other evidences of indebtedness, or certificates of participation in leases or other agreements (all such instruments being herein collectively referred to as "Bonds").; and WHEREAS, in order to promote economic development within the State of California, the County Supervisors Association of California ("CSAC"), together with the California Manufacturers Association, has established the Bonds for Industry program (the "Program"). WHEREAS, in furtherance of the Program, certain California counties (collectively, the "Initial Participants") have entered into that certain Joint Exercise of Powers Agreement dated as of November 18, 1987 (the "Initial Agreement"), pursuant to which the California Counties Industrial Development Authority has been established as a separate entity under the Joint Exercise of Powers Act for the purposes and with the powers specified in the Initial Agreement; and WHEREAS, the League of California Cities ("LCC") has determined to join as a sponsor of the Program and to actively participate in the administration of the Authority; and WHEREAS, the Initial Participants have determined to specifically authorize the Authority to issue Bonds pursuant to Article 2 of the Joint Exercise of Powers Act ("Article 2") and Article 4 of the Joint Exercise of Powers Act ("Article 4"), as well as may be authorized by the Act or other applicable law; and WHEREAS, the Initial Participants desire to rename the California Counties Industrial Development Authority to better reflect the additional sponsorship of the Program; and WHEREAS, each of the Initial Participants has determined that it is in the public interest of the citizens wit h i nits b 0 u n d a r i e s, and tot h e b e n e fit 0 f s u chi nit i a I Participant and the area and persons served by such Initial Participant, to amend and restate in its entirety the Initial Agreement in order to implement the provisions set forth above; and WHEREAS, it is the desire of the Program Participants to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake projects within their respective jurisdictions that may be financed with Bonds issued pursuant to the Act, Article 2, Article 4, or other applicable provisions of law; and WHEREAS, the projects undertaken will result in significant public benefits, including those public benefits set forth in Section 91502.1 of the Act, an increased level of economic activity, or an increased tax base, and will therefore serve and be of benefit to the inhabitants of the jurisdictions of the Program Participants; NOW, THEREFORE, the Program Participants, for and in consideration of the mutual promises and agreements herein contained, do agree to restate and amend the Initial Agreement in its enti.rety to provide as follows: 2 Section 1. Purpose. This Agreement is made pursuant to the provIsions of the Joint Exercise of Powers Act, relating to the joint exercise of powers common to public agencies, in this case being the Program Participants. The Program Participants each possess the powers referred to in the recitals hereof. The purpose of this Agreement is to establish an agency for, and with the pur p 0 s e of, i s sui n g Bon d s to fin a nc e pro j e c t s within the territorial limits of the Program Participants pursuant to the Act, Article 2, Article 4, or other appliable provisions of law; provided, however that nothing in this Agreement shall be construed as a limitation on the rights of the Program Participants to pursue economic development outside of this Agreement, including the rights to issue Bonds through industrial development authorities under the Act, or as otherwise permitted by law. Within the various jurisdictions of the Program Participants such purpose will be accomplished and said powers exercised in the manner hereinafter set forth. Section 2. Term. This Agreement shall become effective as of the date hereof and shall continue in full force and effect for a period of forty (40) years from the date hereof, or until such time as it is terminated in writing by all the Program Participants; provided, however, that this Agreement shall not terminate or be terminated until the date on which all Bonds or other indebtedness issued or caused to be issued by the Authority shall have been retired, or full provision shall have been made for their retirement, including interest until their retirement date. Section 3. Authority. A. CREATION AND POWERS OF AUTHORITY. (1) Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the "California Statewide Communities Development Authority" (the "Authority"), and said Authority shall be a public entity separate and apart from the Program Participants. Its debts, liabilities and obligations do not constitute debts, liabilities or obligations of any party to this Agreement. B. COMMISSION. The Authority shall be administered by a Commission (the "Commission") which shall consist of seven members, each 3 serving in his or her individual capacity as a member of the Commission. The Commission shall be the administering agency of this Agreement, and, as such, shall be vested with the powers set forth herein, and shall execute and administer this Agreement in accordance with the purposes and functions pro v ide d herein. Four members of the Commission shall be appointed by the governing body of CSAC and three members of the Commission shall be appointed by the governing body of LCC. Initial members of the Commission shall serve a term ending June 1,1991. Successors to such members shall be selected in the manner in which the respective initial member was selected and shall serve a term of three years. Any appointment to fill an unexpired term, however, shall be for such unexpired term. The term of office specified above shall be applicable unless the term of office of the respective member is terminated as hereinafter provided, and provided that the term of any member shall not expire until a successor thereto has been appointed as provided herein. Each of CSAC and LCC may appoint an alternate member of the Commission for each member of the Commission which it appoints. Such alternate member may act a,s a member of the Commission in place of and during the absence or disability of such regularly appointed member. All references in this Agreement to any member of the Commission shall be deemed to refer to and include the applicable alternate member when so acting in place of a regularly appointed member. Each member or alternate member of the Commission may be removed and replaced at any time by the governing body by which such member was appointed. Any individual, including any member of the governing body or staff of CSAC or LCC, shall be eligible to serve as a member or alternate member of the Commission. Members and alternate members of the Commission shall not receive any compensation for serving as such but shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a member or alternate member, if the Commission shall determine that such expenses shall be reimbursed and there are unencumbered funds a va i la b I e for s u c h pur p 0 s e . C. OFFICERS; DUTIES; OFFICIAL BONDS. The Commission shall elect a Chair, a Vice-Chair, and a Secretary of the Authority from among its members to serve for such term as shall be determined by the Commission. The Commission shall appoint one or more of its officers or 4 employees to serve as treasurer, auditor, and controller of the Authority (the "Treasurer") pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve for such term as shall be determined by the Commission. Subject to the applicable prOVISions of any resolution, indenture or other instrument or proceeding authorizing or securing Bonds (each such resolution, indenture, instrument and proceeding being herein referred to as an "Indenture") providing for a trustee or other fiscal agent, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived. The Treasurer of the Authority shall have the powers, duties and responsibilities specified in Section 6505.5 of the Joint Exercise of Powers Act. The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Commission but in no event less than $1,000. If and to the extent permitted by law, any such officer may satisfy this requirement by filing an official bond in at least said amount obtained in connection with another public office. The Commission shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. The Commission shall have the power, by resolution, to the extent permitted by the Joint Exercise of Powers Act or any other applicable law, to delegate any of its functions to one or more of the members of the Commission or officers or agents of the Authority and to cause any of said members, officers or agents to take any actions and execute .any documents or instruments for and in the name and on behalf of the Commission or the Authority. D. MEETINGS OF THE COMMISSION. (1) Reqular Meetinqs. The Commission shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Commission and a copy of such resolution shall be filed with each party hereto. 5 (2) Special Meetinos. Special meetings of the Commission may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. (3) Ralph M. Brown Act. All meetings of the Commission, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California). (4) Minutes. The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Commission and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Commission. (5) Quorum. A majority of the members of the Commission which includes at least one member appointed by the governing body of each of CSAC and LCC shall constitute a quorum for the transaction of business. No action may be taken by the Commission except upon the affirmative vote of a majority of the members of the Commission which includes at least one member appointed by the governing body of each of CSAC and LCC, except that less than a quorum may adjourn a meeting to another time and place. E. RULES AND REGULATIONS. The Authority may adopt, from time to time, by resolution of the Commission such rules and regulations for the conduct of its meetings and affairs as may be required. Section 4. Powers. The Authority shall have any and all powers relating to economic development authorized by law to each of the parties hereto and separately to the public entity herein created, including, without limitation, the promotion of opportunities for the creation and retention of employment, the stimulation of economic activity, and the increase of the tax base, within the jurisdictions of such parties. Such powers shall include the common powers specified in this 6 Agreement and may be exercised in the manner and according to the method provided in this Agreement. All such powers common to the parties are specified as powers of the Authority. The Authority is hereby authorized to do all acts necessary for the exercise of such powers, including, but not limited to, any or all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, provide for maintenance and operation of, or maintain and operate, any buildings, works or improvements; to acquire, hold or dispose of property wherever located; to incur debts, liabilities or obligation-s; to receive gifts, contributions and donations of property, funds, services and other forms of assistance from persons, firms, corporations and any governmental entity; to sue and be sued in its own name; and generally to do any and all things necessary or convenient to the promotion of economic development, including without limitation the promotion of opportunities for the creation or retention of employment, the stimulation of economic activity, and the increase of the tax base, all as herein contemplated. Without limiting the generality of the foregoing, the Authority may issue or cause to be issued bonded and other indebtedness, and pledge any property or revenues as security to the extent permitted under the Joint Exercise of Powers Act, including Article 2 and Article 4, the Act or any other applicable provision of law. The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California county could exercise such powers and perform such duties until a California general law city shall become a Program Participant, at which time it shall be subject to the restrictions upon the manner in which a California general law city could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not. Section 5. Fiscal Year. For the purposes of this Agreement, the term "Fiscal Yearn s h a II mean the fiscal year as est a b Ii she d from time to time by the Authority, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30,1988. 7 Section 6. Disposition of Assets. At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 2 hereof, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Program Participants and shall thereafter remain the sole property of the Program Participants; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Program Participants. Section 7. Bonds. The Authority shall issue Bonds for the purpose of e x ere i sin g its P 0 we r san d r a i sin g the fun d s nee e s s a r y toe a r r y out its purposes under this Agreement. Said Bonds may, at the discretion of Authority, be issued in series. The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing shall be used by the Authority. The fees and ex pen s e s of sue h co u n s e I , co n s u Ita n t s, a d v i so r s, and the expenses of CSAC, LCC, and the Commission shall be paid from the proceeds of the Bonds or any other unencumbered funds of the Authority available for such purpose. Section 9. Local Approval. A copy of the application for financing of a project shall be filed by the Authority with the Program Participant in whose jurisdiction the project is to be located. The Authority shall not issue Bonds with respect to any project unless the governing body of the Program Participant in whose jurisdiction the project is to be located, or its duly authorized designee, shall approve, conditionally or unconditionally, the project, including the issuance of Bonds therefor. Action to approve or disapprove a project shall be taken within 45 days of the filing with the Program Participant. Certification of approval or disapproval shall be made by the clerk of the governing body of the Program Participant, or by such other officer as may be designated by the applicable Program Participant, to the Authority. Section 8. Bonds Onlv Limited and Special Obligations of Authoritv. The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Program Participant, CSAC, or LCC or pledge of the faith and credit of the Program Participants, CSAC, LCC, or the 8 Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds or the respective project costs except from revenues and other funds pledged therefor. Neither the Program Participants, CSAC, LCC, nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except from the revenues and funds pledged therefor, and neither the faith and credit nor the taxing power of the Program Participants nor the faith and credit of CSAC, LCC, or the Authority shall be pledged to the payment of the principal of, premium, if any, or interest on the Bonds nor shall the Program Participants, CSAC, LCC, or the Authority in any manner be obligated to make any appropriation for such payment. . No covenant or agreement contained in any Bond or Indenture shall be deemed to be a covenant or agreement of any member of the Commission, or any officer, agent or employee of the Authority in his individual capacity and neither the Commission of the Authority nor any officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds. Section 10. Accounts and Reports. All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds). The books and records of the Authority shall be open to inspection at all reasonable times by each Program Participant. The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Agency by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as public records with each Program Participant and also with the county auditor of each county in which a Program Participant is located. Such report shall be filed within 12 months of the end of the Fiscal Year or Years under examination. 9 Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in making an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose. In any Fiscal Year the Commission may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period. The Treasurer of the Authority, within 120 days after the close of each Fiscal Year, shall give a complete written report of all financial activities for such Fiscal Year to each of the Program Participants to the extent such activities are not covered by the reports of the trustees for the Bonds. The trustee appointed under each Indenture shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of said Indenture. Said trustee may be given such duties in said Indenture as may be desirable to carry out this Agreement. Section 11. Funds. Subject to the applicable provIsions of each Indenture, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Section 10 hereof, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions or purposes of this Agreement. Section 12. Notices. Notices and other communications hereunder to the Program Participants shall be sufficient if delivered to the clerk of the governing body of each Program Participant. Section 13. Withdrawal and Addition of Parties. A Program Participant may withdraw from this Agreement upon written notice to the Commission; provided, however, that no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding under an Indenture. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Commission which shall acknowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing. 10 Qualifying public agencies may be added as parties to this Agreement and become Program Participants upon: (i) the filing by such public agency of an executed counterpart of this Agreement, together with a certified copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delivery hereof; and (ii) adoption of a resolution of the Commission approving the addition of such public agency as a Program Participant. Upon satisfaction of such conditions, the Commission shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing. Section 14. Indemnification. To the full extent permitted by law, the Commission may authorize indemnification by the Authority of any person who is or was a member or alternate member of the Commission, or an officer, employee or other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a member or alternate member of the Commission, or an officer, employee or other agent of the Authority, against expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. Section 15. Contributions and Advances. Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the parties hereto for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution. Any such advance may be made subject to repayment, and in such case shall be repaid, in the manner agreed upon by the Authority and the party making such advance at the time of such advance. Section 16. Immunities. All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, all pension, relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents or employees of Program Participants when performing their 11 respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged as members of the Commission or otherwise as an officer, agent or other representative of the Authority or while engaged in the performance of any of their functions or duties extraterritorially under the provisions of this Agreement. Section 17. Amendments. Ex c e p t .a s pro v ide din S e c t ion 1 3 a b 0 v e, t his Agreement shall not be amended, modified, or altered except by a written instrument duly executed by each of the Program Participants. Section 18. Effectiveness. This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Program Participants at 9:00 a.m., California time, on the date that the Commission shall have received from each of the Initial Participants an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Initial Participant approving this Agreement and the execution and delivery hereof. Section 19. Partial Invaliditv. If anyone or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable forany reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. Section 20. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no party may assign any right or obligation hereunder without the consent of the other parties. Section 21. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 12 The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. Wherever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement is made in the State of California, under the Constitution and laws of such state and is to be so construed. This Agreement is the complete and exclusive statement of the agreement among the parties hereto, which supercedes and merges all prior proposals, understandings, and other agreements, including, without limitation, the Initial Agreement, whether oral, written, or implied in conduct, between and among the parties relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed, as of the day and year first above written. Program Participant: [SEAL] By Name: Title: ATTEST: By Name: Title: 13 ~'t1l S:1N ~m (~ ~ ~ ~ v 0 C4IIfC!""'~ Staff Report AGENDA ITEM #10 DATE: TO: FROM: SUBJECT: July 13, 2005 Honorable Mayor and City Council Marty Van Duyn, Assistant City Manager CONSULTANT AGREEMENT WITH CSG CONSULTANTS, INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE WET WEATHER PROJECT PHASE I RECOMMENDA TION It is recommended that the City Council adopt a resolution awarding the contract for construction management and inspection services for the remainder of the Wet Weather Project Phase I to CSG Consultants, Inc. in the amount not to exceed $305,000. BACKGROUND/DISCUSSION The Engineering Division has advertised a Request for Proposal (RFP) for construction management and inspection services for various phases of the Wet Weather Program. The RFP was advertised in the San Mateo County Times (general circulation newspaper), Builder's Exchanges (San Francisco, San Mateo County, Santa Clara County, Alameda County and Contra Costa County) as well as the City's Internet site. The following seven (7) firms submitted their proposals to the City by the deadline: Harris and Associates of Pleasanton, CA Underground Construction Managers, Inc. (UCM) & EPC Consultants of San Francisco, CA S & C Engineers, Inc. of Oakland, CA CSG Consultants, Inc. of San Mateo, CA Mendoza and Associates of San Francisco, CA Cooper Pugeda Management, Inc. of San Francisco Cameron - MH Construction Management, Inc. of Oakland, CA The interview panel (Terry White, Ray Razavi, Dave Castagnola and Dennis Chuck) interviewed and evaluated the six (6) firms and chose the following three (3) firms to provide the consultant services in support of the Wet Weather Program: Staff Report Subject: CONSULTANT AGREEMENT WITH CSG CONSULTANTS, INC. FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE WET WEATHER PROJECT PHASE I Page 2 of 3 A. Harris and Associates of Pleasanton, CA - Construction Management and Inspection Services for the Wet Weather Phase 5 (Lindenville Storm Drainage Improvements) scheduled for award in fall of 2005. B. Mendoza and Associates of San Francisco, CA - Construction Management and Inspection Services for the Wet Weather Phase 4 (Pump Station No.4 and Force Main Upgrades) scheduled for award in fall of 2005. C. CSG Consultants, Inc. of San Mateo, CA - Construction Management and Inspection Services for the Swift A venue/Pump Station No.3 (paid for by Slough and awarded on June 15,2005); and Construction Management/Inspection Services for remainder of Phase I (to be awarded on July 13, 2005). The consultant contracts for "Harris and Associates" and "Mendoza and Associates" will be brought before the City Council in the Fall of 2005 when the construction contracts for Phase IV and Phase V of the Wet Weather Program are being awarded. The CSG contract for construction management and inspection services for Swift Avenue/Pump Station No.3 was awarded on June 15, 2005 (funded by Slough as part of their development agreement). The scope of this proposed contract with CSG Consultants, Inc. includes construction management and inspection Services for the remainder of Wet Weather Project Phase I. The Office of the City Engineer will keep the developed list of consultants and the results of the interviews for a period of up to one year. The City may select additional consultants from the six (6) interviewed firms for construction management and inspection services for the remaining phases of the Wet Weather Program or if an acceptable fee/scope cannot be negotiated with the selected consultants. FUNDING: This project is currently part of the 2005 - 2006 Capital Improvement Program (CIP). Sufficient funds are available in the current Wet Weather Program funds. BY:j,,~ (L~ V- Marty Van Duyn Assistant City Manag . Approved: Attachment: Resolution Consulting Services Agreement RESOLUTION NO._ CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING A CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES CONTRACT TO CSG CONSULTANTS OF SAN MATEO FOR THE REMAINDER OF PHASE I OF THE WET WEATHER PROJECT IN AN AMOUNT NOT TO EXCEED $305,000.00 WHEREAS, staff submitted a Request for Proposals for construction management and inspection services for various phases of the Wet Weather Program; and WHEREAS, staff received seven responses for the Request for Proposals, and recommends retaining three firms for consultant services in support of the Wet Weather Program; and WHEREAS, staff recommends awarding the contract for construction management and inspection services to CSG Consultants in the amount not to exceed $305,000.00; and WHEREAS, the project is currently part of the 2005-2006 Capital Improvement Program, and sufficient funding is available in the current Wet Weather Program funds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby awards the contract for Construction Management and Inspection Services for Phase One of the Wet Weather Program to CSG Consultants. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the contract on behalf of the City of South San Francisco. * * * * * * 770008-1 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 , 2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk 770008-1 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND CSG CONSULTANTS, INCORPORATED THIS AGREEMENT for consulting services is made by and between the City of South San Francisco ("City") and CSG Consultants, Incorporated ("Consultant") (together sometimes referred to as the "Parties") as of ,2005 (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 Exhibit A. Scope of Services, attached hereto anai 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 February 28, 2006, and Consultant shall complete the services describE!d 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 of quality normally observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. 1.3 AssiQnment 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 pl~rsons, 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 in a manner set forth in Exhibit B, Payment Schedule and Standard Fees, the amount of $305,000 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 regarding the amount of compensation, the Agreement shall prevail. Exhibit B includes two documents: 1) a Payment Schedule which provides a breakdown of fees and or resources allocated for the tasks described in Exhibit A, and 2) a listing of the Consultant's current Standard Fees. In case of a conflict in the hourly rates indicated, those rates shown on the Payment Schedule shall prevail. City and Consultant mutually agree that additional resources may be allocated to particular tasks, utilizing the classifications and rates shown on the listing of Standard Fees, provided that the total limit of compensation is not exceeded. Consulting Services Agreement between the City of South San Francisco and CSG, Inc. WWP Ph I eM Agreement 7-5-05 July 2005 Page 1 of 14 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 submit all invoices to City in the manner specified herein. 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 A!~reement. 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; Le., 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 percentage of completion; · At City's option, for each work item in each task, a copy of the applicablH 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 payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (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 the City of South San Francisco and CSG, Inc. WVYP Ph I eM Agr 7-5-05 ,July 2005 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, unless the Agreement is modified pursuant to Subsection 8.3. 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 payment schedule contained within Exhibit B. If, however, the term of this Agreement extends beyond one year, mutually agreed, updated hourly rates may be incorporated within Exhibit B upon approval of City by a properly executed change order or amendment. 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall not exceed five hundred ($500.00) without previous written consent. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement. 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 terminatl3s 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. Consulting Services Agreement between the City of South San Francisco and CSG, Inc. WWP Ph I eM Agr 7-5-05 July 2005 Page 3 of 14 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 tYPE!S and 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 C, indicatin(l 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, employeEls, 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 commercial 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 Consulting Services Agreement between the City of South San Francisco and CSG, Inc. WWP Ph I eM Agr 7-5-05 ,July 2005 Page 4 of 14 CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 coverin~1 Broad 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: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. 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. 4.3 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 insurancH 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 retl3ntion 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: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreeme~nt or the work, so long as commercially available at reasonable rates. c. 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 exercise, 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. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. Consulting Services Agreement between the City of South San Francisco and CSG, Inc. WWP Ph I eM Agr 7-5-05 July 2005 Page 5 of 14 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to bH placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 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 certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. 4.4.3 Notice of reduction in or cancellation of coveraQe. 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. 4.4.4 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 COV€irage 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. 4.4.5 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 Consulting Services Agreement between the City of South San Francisco and CSG, Inc. WWP Ph I eM Agr 7-5-05 ,July 2005 Page 6 of 14 procure a bond, guaranteeing payment of losses and related investigations, claim 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 rem9dy 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 paymEmt 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 causE!d, 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 not meeting the'normal standard in the Bay Area for the quality or character of their work or other negligent acts or omissions. 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 detl3rmined to Consulting Services Agreement between the City of South San Francisco and CSG, Inc. WWP Ph I eM Agr7-5-05 July 2005 Page 7 of 14 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 forPERS 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 DISPUTE RESOLUTION. Unless otherwise mutually agreed to by the Parties, any controversies between Consultant and City regarding the construction or application of this Agreement, and claims arising out of this contract or its breach, shall be submitted to mediation within thirty (30) days of the written request of one Party after the seNice of that request on the other Party. 6.1. The Parties may agree on one mediator. If they cannot agree on one mediator, the Party demanding mediation shall request that the Superior Court of San Mateo appoint a mediator. The mediation meeting shall not exceed one day or eight (8) hours. The Parties may agree to extend the time allowed for mediation under this Agreement. 6.2. The costs of mediation shall be borne by the Parties equally. 6.3 Mediation under this section is a condition precedent to filing an action in any court. Section 7. STATUS OF CONSULTANT. 7.1 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 seNices 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 seNices 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 providingseNices 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 Califomia 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. 7.2 Consultant No A~ent. 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. Consulting SeNices Agreement between the City of South San Francisco and CSG, Inc. WWP Ph I eM Agr 7-5-05 J1uly 2005 Pa<ge 8 of 14 Section 8. Section 9. LEGAL REQUIREMENTS. 8.1 Governinq Law. The laws of the State of California shall govern this Agreement. 8.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 8.3 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. 8.4 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. 8.5 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. 9.1 Termination. City may cancel this Agreement at any time and without cause upon 30 days' 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 Consulting Services Agreement between the City of South San Francisco and CSG, Inc. WWP Ph I eM Agr 7-5-05 .July 2005 Page 9 of 14 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. 9.2 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 obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. Force Majeure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of any public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, and freight embargoes if Consultant shall, within ten (10) days of the commencement of such condition, notify Contract Officer who shall thereupon ascertain the facts and extent of any necessary delay, and extend the time for performing services for period of enforced delay when and if Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 9.3 Amendments. The parties may amend this Agreement only by a written documEmt signed by all the parties. 9.4 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. 9.5 Survival. All obligations arising prior to the termination of this Agreement and alii provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 9.6 Options upon Breach bV 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; Consulting Services Agreement between the City of South San Francisco and CSG, Inc. WWP Ph I eM Agr 7-5-05 ,July 2005 Page 10 of 14 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; and/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. Section 10. KEEPING AND STATUS OF RECORDS. 10.1 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 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. 10.2 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. 10.3 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 mquest 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 11 MISCELLANEOUS PROVISIONS. 11.1 Attornevs' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which Consulting Services Agreement between the City of South San Francisco and CSG, Inc. WWP Ph I eM Agr 7-5-05 July 2005 Page 11 of 14 that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 11.2 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. 11.3 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. 11.4 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. 11.5 Successors and Assi~ms. The provisions of this Agreement shall inure to the bl3nefit of and shall apply to and bind the successors and assigns of the parties. 11.6 Use of Recvcled Products. Consultant shall prepare and submit all reports, wrilten studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 11.7 Conflict of Interest. Consultant may serve other clients, but none whose activitil3s 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 fore!Joing, 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. Consulting Services Agreement between the City of South San Francisco and CSG, Inc. WWP Ph I eM Agr 7-5-05 .Iuly 2005 Page 12 of 14 11.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus ~Iroup, or inteNiew related to this Agreement, either orally or through any written materials. 11.9 Contract Administration. This Agreement shall be administered by ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designel~. 11.10 Notices. Any written notice to Consultant shall be sent to: Mr. Richard Mao, P.E., President CSG, Consultants, Inc. 1700 S. Amphlett Blvd., 3rd Floor San Mateo, CA 94402 Any written notice to City shall be sent to: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Consulting Services Agreement between the City of South San Francisco and CSG, Inc. WWP Ph I eM Agreement 7-5-05 July 2005 Page 13 of 14 11.11 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 reporVdesign preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with reporVdesign responsibility," as in the following example. Seal and Signature of Registered Professional with reporVdesign responsibility. 11.12 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. 11.13 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. The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO CONSULTANT Barry M. Nagel, City Manager Richard Mao, P.E., President Attest: Sylvia Payne, City Clerk Approved as to Form: Steven T. Mattas, City Attorney Consulting Services Agreement between the City of South San Francisco and CSG, Inc. WWP Ph I eM Agr 7-5-05 July 2005 Page 14 of 14 EXHIBIT A City Of South San Francisco - Wet Weather Program PHASE I CONSTRUCTION MANAGEMENT July 15, 2005 to February 28, 2006 San Mateo A ve. and Shaw Rd. Pump Stations and Force Mains, Lowrie Ave. Intertie and Gravity Lines, Effluent Storage Pond · Provide construction management and inspection services for the remainder of Phase I construction. · Provide monthly status reports on critical construction issues, schedule revisions, potential claims and unresolved CCO's. · Monitor implementation of.CEQA mitigation measures, especially cultural resources. · Review Carollo Engineer's invoices and monthly progress reports. · Work with Finance Department and WWP staff in financial analysis of past expenditures and tracking future expenditures, including SRF eligibility and adequacy of remaining funds. · Assist the City in complying with SRF requirements upon completion of the project, including project closure audits and archiving financial documents for potential future audits. · Project Close Out - manage the delivery of Record Drawings, 0 & M manuals, and other documents as necessary, conduct end-of-project critique. · General coordination of ancillary consultants, including Geotech and Surveying, as needed. *NOTE: As mutually agreed, CSG shall be held harmless from all liability for any work done, or services provided prior to this Agreement. Consulting SeNices Agreement between the City of South San Francisco and CSG Inc. WWP Ph I eM Agr 7-5-05 July 2005 EXHIBIT B-1 Payment Schedule City of South San Francisco - Wet Weather Program Phase I Construction Management Projected Budget and Time Frame - July 15, 2005 to February 28, 2006 (7.5 Months) Level of Hours Total Rate/hr per mo. Hours Total Work Billing 168 (rounded) Senior Engineer (Khayata) $130 1/2 Time 84.0 630 $81,900 Asst. Resident Engr.(Cooney)* $95 3/4 Time 126.0 1040 $98,800 Construction Inspector (Calvo)* $90 3/4 Time 126.0 1040 $93,900 Const. Inspector (As Assigned) $95 1/4 Time 42.0 320 $30,400 TOTAL $305,000 Notes 1) Projected budget does not include a supplement for overtime, except as noted below. *2) 10% has been added to these total hours to cover contractor's extended hours and/or accelerated schedule. 3) As additional services are requested, the projected time frame for coverage within this budget may be shortened. Consulting Services Agreement between the City of South San Francisco and CSG Inc. WWP Ph I eM Agr 7-5-05 July 2005 EXHIBIT B-2 SCHEDULE OF STANDARD FEES STANDARD ENGINEERING and PROFESSIONAL SERVICE FEES Professional Engineering Services - Hourlv Rates Land Surveyors - 2-person crew $160.00 $150.00 $130.00 $125.00 $115.00 $ 95.00 $ 95.00 $ 95.00 $ 85.00 $ 65.00 $ 65.00 $ 95.00 $ 75.00 $ 65.00 $185.00 Principal Engineer Principal Financial Analyst Senior Engineer Senior Project Manager Associate Engineer Assistant Engineer Technical Writer Design Supervisor Senior CAD Designer CAD Designer Engineering Technician Senior Construction Inspector Construction Inspector Administrative Support Additional Costs Subconsultants: Invoice Charge + 15% Reproduction: Cost + 15% Other Items: Cost + 15% Mileage: $.50/mile EFFECTIVE: 3(15(2005 Consulting Services Agreement between the City of South San Francisco and CSG Inc. WWP Ph I eM Agr 7.5.05 July 2005 EXHIBIT C INSURANCE CERTIFICATES Consulting Services Agreement between the City of South San Francisco and CSG Inc. WWP Ph I eM Agr 7-5-05 July 2005 - ~ 't 1\ S:4N' 1;\ ~ . ~v.\ (~ ~l ~ t"') v c '4l~~\~ Staff Report AGENDA /IEM #11 DATE: July 13, 2005 TO: The Honorable Mayor and City Council FROM: Terry White, Director of Public Works SUBJECT: NATIONAL POLLUTION DISCHARGE ELIMINA nON SYSTEM (NPDES) STORMW A TER MANAGEMENT PLAN GENERAL PROGRAM AND FEE RECOMMENDATION: It is recommended that the City Council adopt a resolution requesting that the San Mateo County Board of Supervisors use the San Mateo County Flood Control District as the funding mechanism to support the Countywide National Pollution Discharge Elimination System (NltDES) General Program. BACKGROUNDIDISCUSSION: The Environmental Protection Agency, under amendments to the 1987 Clean Water Act, imposed regulations that mandate local government to control and reduce the amount of storm water pollution runoff into receiving waters of the United States. The initial Stormwater Management Plan included tasks, schedules, and parties responsible for implementation during the initial fIve-year NPDES permit period (i.e., 1993-1998). The Regional Board adopted Order 93-106 and the STOPPP's Municipal Stormwater NPDES Permit No. CA002992I in September 1993. On March 18, 1999, the San Mateo Countywide Stormwater Pollution Prevention Program's Technical Advisory Committee submitted a new San Mateo Countywide Stormwater Management Plan for the period between July 1998 through June 2003, and compiled other information needed to reapply for NPDES permit reissuance and on July 21, 1999, the Regional Board, after Public hearing, approved the Renewed NPDES permit effective July 21, 1999 and which expires July 20, 2004. On February 19,2003, the Regional Board adopted the New and Redevelopment Language Amendment Order 99-059 of the San Mateo Countywide Stormwater Pollution Prevention Program. Staff Report Subject: NATIONAL POLLUTION DISCHARGE ELIMINA nON SYSTEM (NPDES) STORMW A TER MANAGEMENT PLAN GENERAL PROGRAM AND FEE Page 2 The General Program encompasses those efforts undertaken for the benefIt of all twenty-one agency co- permittees involved with the implementation of the Stormwater Management Plan, and adherence to the conditions set forth under the Countywide NPDES Discharge Permit. The 2005-2006 NPDES General Program Budget is $1,504,409. FUNDING: Funding will be provided from the San Mateo Countywide General Program Budget Year 13, which is approximately $1,504,409 financed by a Countywide parcel fee levied against residential land users, commercial/retaillmanufacturing/industrialland users, and miscellaneous land users. For Year 13 activities, single-family residential land users are charged $6.0125 per parcel that establishes the base rate. Miscellaneous, Condominium, Agriculture and Vacant parcels are charged $3.0063/APN; ail other land uses base rate of$6.0I25/APN for the first 11,000 square feet plus $0.5447 per 1,000 additional square feet of parcel area. The use of parcel size provides for a more equitable distribution of the fee throughout the various land uses within the County. Approve ------ Attachments: Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO RECOMMENDING THAT THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT IMPOSE BASIC AND ADDITIONAL CHARGES FOR FUNDING EXPANDED SCOPE OF WORK FOR THE 2005-2006 COUNTYWIDE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) GENERAL PROGRAM WHEREAS, Environmental Protection Agency, under amendments to the 1987 Federal Clean Water Act, imposed regulations that mandate local governments to control and reduce the amount of Stormwater pollutant runoff into receiving waters. WHEREAS, under the authority of California Porter-Cologne Water Quality Act, the State Water Resources Control Board had delegated authority to its regional boards to invoke permitting requirements upon counties and cities. WHEREAS, in July 1991, the San Francisco Bay Regional Water Quality Control Board notified San Mateo County of the requirement to submit an NPDES Permit Application by November 30, 1992. WHEREAS, in furtherance of the NPDES Permit Process, San Mateo County in conjunction with all incorporated cities in San Mateo County has prepared a Storm water Manager Plan, which has a General Program as a fundamental component of the Management Plan. WHEREAS, San Mateo Countywide Stormwater Management Plan has been submitted to the San Francisco Bay Regional Water Quality Control Board and the Management Plan has been approved by the Board and made part of the NPDES Waste Discharge Permit CA 0029921, issued September 13, 1993 and remaining in effect through June 30, 1998. WHEREAS, San Mateo Countywide Stormwater Management Plan and NPDES Waste Discharge Permit CA 0029921 required that San Mateo County submit a renewal application by March 31, 1998, which shall include a Stormwater Management Plan for 1998 through 2003. WHEREAS, City of South San Francisco has accepted, adopted, and committed to implement the San Mateo Countywide Stonnwater Management Plan for 1998-2003 and the renewal application and Plan was submitted to the San Francisco Regional Water Quality Control Board on March 18, 1998. WHEREAS, San Francisco Bay Regional Water Quality Control Board, after Public Hearing, approved the Renewed NPDES Permit effective July 21, 1999 and which expired July 20, 2004. WHEREAS, the San Francisco Bay Regional Water Quality Control Board opened the NPDES Permit CAS0029921 for the San Mateo Countywide Stormwater Pollution Prevention Program to Amend the Pennit to add New and Redevelopment Language (Amendment of Order 99-(59), and adopted the Amendment on February 19, 2003. WHEREAS, with the complete and timely application by the San Mateo Countywide Stormwater Pollution Prevention program for Permit renewal submitted on January 23, 2004, the San Francisco Bay Regional Water Quality Control Board will administratively extend the expiration of said Permit until such time as a Public Hearing is held and the application is considered. 763995-1 WHEREAS, The San Mateo County Flood Control District Act, as amended by the State Legislature in 1992 (Assembly Bill 2635), authorized the San Mateo County Flood Control District to impose charges to fund storm drainage programs such as the NPDES Program. WHEREAS, the Basic Annual Charges and Additional Annual charges for fiscal year 2005-2006, when adopted, would be necessary to fund a $1,504,409 budget for fiscal year 2005-2006 are as follows: Basic Annual charges; Single Family Residence: S3.44/APN Miscellaneous, Agriculture, Vacant and Condominium: $1.72/ APN All Other Land Uses: $3.44/ APN for the fIrst 11,000 square feet plus $0.32 per 1,000 additional square feet of parcel area. Additional Annual Charge (Adjusted Annually by c.P.I.); Single Family Residence: $2.62/ APN Miscellaneous, Agriculture, Vacant and Condominium: $1.30/ APN All Other Land Uses: S2.62/ APN for the first 11,000 square feet plus $0.24 per 1,000 additional square feet of parcel area. WHEREAS, the charges are in the nature of a sewer service charge in that they are intended to fund a federally mandated program the purpose of which is to create waste treatment management planning processes to reduce the amount of pollutants in discharges from property into municipal storm water systems which in turn, discharge into the waters of the United States. WHEREAS, The City of South San Francisco has held a hearing upon the proposal to fund the Countywide NPDES General Program through the San Mateo County Flood Control District: NOW, THEREFORE, BE IT RESOLVED BY THE City Council of the City of South San Francisco that: l. The City of South San Francisco approves the amended Scope of Work imposed on the NPDES General Program and respectfully requests the San Mateo County Board of Supervisors, acting as the governing board of the San Mateo County Flood Control District, to impose those basic and additional charges necessary to fund the Countywide NPDES (General Program; and 2. The City of South San Francisco requests that all properties within the territorial limits of said City be charged the basic and additional annual charges in accordance with said charges stated above; and 3. The City Clerk is hereby directed to forward a copy of this Resolution to the Clerk of the San Mateo County Board of Supervisors, the San Mateo County Flood Control district, the San Mateo County Engineer and to the NPDES Coordinator of C/CAG. I, Sylvia Payne City Clerk of the City of South San Francisco do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the _ day of__ , 2005 and was adopted thereafter by the following vote: 763995-1 AYES: NOES: ABSENT: City Clerk 763995-1 l eport AGENDA ITEM #13 taff DATE: July 13, 2005 TO: The Honorable Mayor and City Council FROM: Jim Steele, Finance Director SUBJECT: PUBLIC HEARlNG IN ACCORDANCE WITH FEDERAL TAX EQUITY AND FISCAL RESPONSIBILITY ACT OF 1986 (TEFRA) FOR APPROVAL OF CALIFORNIA STATEWIDE COMMUNITlES DEVELOPMENT AUTHORITY TO ISSUE TAX EXEMPT REVENUE BONDS ON BEHALF OF A LIMITED PARTNERSHIP TO BE FORMED BY BRIDGE HOUSlNG CORPORATION FOR FINANClNG MULTIFAMILY RENTAL HOUSING IN SOUTH SAN FRANCISCO RECOMMENDATION: It is recoll1Dlended that the City Council hold a public hearing in accordance with the Federal Tax Equity and Fiscal Responsibility Act of 1986 (TEFRA), and adopt a resolution approving the issuance of revenue bonds by the California Statewide Communities Development Authority (CSCDA) Joint Powers Authority for the purpose of providing tax exenlptfinancing to a limited partnership to be formed by BRIDGE Housing Corporation (BRIDGE) for the construction of a multifamily rental housing development at Oak and Grand A venues in South . San Francisco. BACKGROUND/DISCUSSION: In March 2005, the City Council, acting as the Redevelopment Agency Board, approved a $3.5 million constnlction loan agreement to assist BRIDGE in developing affordable housing at the County owned site at Oak and Grand Avenues in South San Francisco. This project is now known as Grand Oak Apartments. The Planning Commission approved the project on February 17,2005. As the March staff report indicated (attached), BRIDGE intended to put together a larger financing package totaling approximately $15 million to complete the Grand Oak apartments. Besides the loan from the Agency, BRIDGE is seeking tax credits and tax exempt financing. In order to secure tax exempt financing for housing in California, a government agency must issue the tax-exempt bonds and loan the proceeds to the project owner. The Council was asked earlier Staff Report To: The Honorable Mayor and City Council Re: Issuance of Revenue Bonds by the CSCDA Date: July 13, 2005 Page 2 tonight to provide consent for the City of South San Francisco to join the CSCDA. Once the City of South San Francisco is a member of the JPA, the project can qualify to apply for tax-exempt financing directly through CSCDA, which is a qualified governmental agency. Under this financing mechanism, CSCDA will issue housing bonds and loan the proceeds of the bonds to the partnership formed by BRIDGE, which will construct and own the housing project. In order assist the project in qualifying for tax-exen1pt financing through CSCDA, the City Council must hold a Public Hearing consistent with the Tax Equity and Fiscal Responsibility Act (TEFRA) of 1986. The Council is being asked to adopt a resolution on the necessity and appropriateness of the proposed tax-exempt financing by CSCDA for the construction of the Grand Oak Apartments. FUNDlNG: The Agency already has approved a $3.5 million construction loan agreement with BRIDGE for the Grand Oaks Apartments. No further financial obligation is required. The City of South San Francisco will have no legal, financial or moral obligation with respect to the repayment of the CSCDA Bonds. The bonds to be issued by CSCDA will expressly provide that the City has no liability with respect to the repayment of the bonds. By: ~ Jim teele Finance Director / ATTACHMENTS: Resolution March 9, 2005 staff report June 17,2005 Letter from California Communities Cc: Kevin Griffith, Project Manager, BRIDGE Michael LaPierre, Program Manager, California Communities (CSCDA) JSfBN:ed RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THEISSUANCE OF REVENUE BONDS BY THE CALIFORNIA STATEWIDE CO~ffiSDEVELOPMENTAUTHORITYFORTHE PURPOSE OF FINANCING THE ACQUISITION AND CONSTRUCTION OF A MULTIFAMlLY RENTAL HOUSING DEVELOPMENT KNOWN AS GRAND OAKS APARTMENTS WHEREAS, the California Statewide Communities Development Authority (the "Authority") is authorized pursuant to the provisions of California Government Code Section 6500 et seq. and the tenus of an Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the "Agreement"), among certain local agencies throughout the State of California, including the City of South San Francisco (the "City"), to issue and sell revenue bonds for the purpose, among others, of financing multifamily rental housing developments; and WHEREAS, BRIDGE Housing Corporation ("BRIDGE"), on behalf of a California limited partnership (the "BolTower") of which BRIDGE or an affiliate thereof will be the general partner, has requested that the Authority issue and sell revenue bonds in the approximate principal amount of $11,500,000 (the "Bonds") for the purpose of making a loan to the BOlTower, to enable the BOlTower to finance the costs of acquisition and construction of a proposed 43-unit residential rental housing development to be known as Grand Oaks Apartments, to be located on a 1.14 acre site located on the Southwest comer of Grand Avenue and Oak Avenue (County Assessor's Parcel Nos. 011-311-070 and 011-311-110), in the City of South San Francisco (the "Project"); and WHEREAS, as required by the Internal Revenue Code of 1986, as amended (the "Code"), a portion of the housing units in the Project will be rented to persons and families of very low income; and WHEREAS, in order for the interest on the Bonds to be tax-exempt, Section 147(f) of the Code requires that an "applicable elected representative" with respect to the Authority hold a public hearing on the issuance of the Bonds and approve the issuance of the Bonds following such hearing; and WHEREAS, the Authority has determined that the City Council of the City of South San Francisco (the "City") is an "applicable elected representative" to hold said public hearing; and WHEREAS, notice of said public hearing has been duly given as required by the Code, and this City Council has heretofore held the public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing of the Project and the Authority's issuance of the Bonds therefor; and WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance of the Bonds by the Authority for the aforesaid purposes; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City, for the purposes of (a) Section 147 (f) of the Code and (b) Section 9 of the Agreement, hereby approves the issuance of the Bonds by the Authority to provide funds to make a loan to the Borrower to enable the Borrower to finance the Project. BE IT FURTHER RESOLVED that the City shall have no responsibility or liability whatsoever with respect to the Bonds. BE IT FURTHER RESOLVED that the adoption of this Resolution shall not obligate (i) the City to provide any financing to acquire or construct the Project; or (ii) the City, the Planning Department of the City or any other department of the City to approve any application or request for, or take any other action in connection with, any planning approval, permit or other action necessary for the acquisition, construction or operation of the Project. I, Sylvia M. Payne, Clerk of the City of South San Francisco, do hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 13th day of July, 2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk 03008:29 :18197 6/15/05 -2- Redevelopment Agency Staff Report DATE: TO: FROM: SUBJECT: March 9, 2005 Redevelopment Agency Board Marty Van Duyn, Assistant Executive Director LOAN AGREEMENT WITH BRIDGE HOUSlNG CORPORATION FOR RESIDENTIAL DEVELOP:MENT AT OAK AND GRAND A VENUES RECOMMENDATION It is recommended that the Redevelopment Agency Board adopt a resolution authorizing execution of a Construction Loan Agreelnent and Promissory Note with BRIDGE Housing Corporation in an amount not to exceed $3,500,000 to develop affordable housing at the County owned site located at Oak and Grand A venues. BACKGROUND/DISCDSSION In 2003 the City of South San Francisco and the County of San Mateo agreed to develop affordable housing on county owned property located next to the Mission Road courthouse. In May of 2003, the City solicited developlnent options for the 1.14 acre site and received proposals fro In BRIDGE Housing, Mid-Peninsula Housing Coalition, and Mercy Housing. Based on project design and cost, the City Council and Redevelopment Agency selected BRIDGE Housing to develop the site. The project is a collaboration between the City of South San Francisco, the County of San Mateo, and BRIDGE Housing Corporation. . On January 13, 2004, the County Board of Supervisors adopted a resolution declaring the site surplus and authorized the County Manager to enter into a long-tenn lease with the City or a developer. To subsidize the affordable housing, the County will lease the site at a nominal fee. On January 28 2004, the City Council adopted a resolution authorizing the City to enter into a pre-construction loan agreement and promissory note in the amount of $400,000 with BRIDGE Housing to begin pre- construction work on the project. The pre-construction loan is part of the total $3,500,000 loan the City is providing to BRIDGE Housing. The Project as approved by the Planning Commission on February 17, 2005, will consist of 43 one-, two-, and three-bedroom rental apartments. The apartments will be affordable to working families earning below 500/0 of median income. For a family of f01,lr that is an annual income between $30,000 and $50,000. The project has an attractive design that includes townhome character on Oak Avenue, attractive landscaping, open play areas for children and community space. Project Budget SOURCES AND USES Sources of Funds Construction Loan Permanent Mortgage AHP City Loan MHP Loan Investor Pay In Developer Equity Deferred Developer Fee Total Sources Uses of Funds Acquisition Construction Indirect Expenses Financing and Carry Costs Contingency & Reserve Organizational Expenses and Fees Total Uses NET SURPlUS{SHORTFAll) Construction Permanent Period Period ----------------- ----------------- $ 9,905,000 $ $ - $ 2,066,000 $ - $ $ 3,500,000 $ 3,500,000 $ - $ 4,350,000 $ 100,000 $ 4,435,000 $ - $ 693,000 $ - $ 100,000 $ 13,505,000 $ 15,144,000 $ - $ $ 10,335,000 $ 10,335,000 $ 1,600,000 $ 1,650,000 $ 631,000 $ 631,000 $ 830,00 $ 930,000 $ 109,000 $ 1,598,000 $ 13,505,000 $ 15,144,000 $ - $ -2- June 17, 2005 counties axe authorized to form by agreement a governmental entity that combines the powers of such entities to perform certain governmental functions specifically outlined in the Agreement. With respect to the Authority; over 440 California cities, counties and special districts have entered into and executed the Agreement to become a member of the Authority for the sole purpose of issuing revenue bonds for the financing of projects that promote economic development. I have attached for your review a copy of the Application filed with the Authority. I believe you have received the TEFRA related documents from Pa~ Thllnmig of--Quint & Thimmig LLP, serving as bond counsel, describing the public hearing - process and the requirements under state and federal laws, including the Tax and Equity Fiscal Responsibility Act (TEFRA). This letter will include for your review the form of Notice of Public Hea.ring and the form of City Council Resolution evidencing that the City has approved of the financing. In addition, you should have received the Authority's new member packet containing the Authority Agreement and form of City Council Resolution evidencing the City has -become a Program Participant of the Authority. Thank you for your assistance in this 1rul.tter. Please let me know if you requite any additional information concerning the scheduling of such public hearing or if I can be of any other assistance. Very truly yours, ~ci~ -,- Michael LaPiene Enclosures cc: Paul Thinunig, Quint & Thimtnig (pthitnmig@qtllp.com) FINANCING STRUCTURE Type of Financing: r Public Sale r Refunding For Refundings only: Will you be applying for State Volume Cap? N/A p" Private Placement Maturity: 32 Years Interest Rate Mode: IF1 Fixed r Variable Credit Enhancement: pr None r Bond Insurance r Letter of Credit r Other (specify): Name of Credit Enhancement Provider or Private Placement Purchaser: N/A Expected Rating: IF1 Unrated r 'Moody's_ r S&P r Fitch PROJECT DESCRJPTION Current Project Name: Grand Oak Family Apartments New Project Name: - Grand Oak Apartments Project Street ~ddress: Corner of Oak and Grand Avenues (address to be issued shortly) City: County: South San Francisco State: CA Zip Code: 94080 San Mateo Is Project located in unincorporated part of the County? No Total Number of Units: Market: 0 Restricted: 43 Total Units: 43 Lot Size: 1.14 acres Amenities: Community room, computer lab, outdoor play area, on site laundry, secured parking Type of Construction (Le., Wood Frame, 2 Story, 10 Buildings): Wood Frame Over Structured Parking Type of Housing: p Family r Senior fir New Construction r Acq/Rehab Projected State Allocation Pool: (- General r Mixed Income r Rural Has the city in which the project is located been contacted? If so, please provide name, title, telephone number and e-mail address of the person contacted: Contact Name: NOIma Fragoso Title: Redevelopment Manager Phone Number: (650) 829-6620 Fax Number. (650) 829-6623 E-mail: Norma.Fragoso@ssf.net Page 2 of 4 .;: ~. ~~.,,~..~.. -~ -"-. .._-~ ADDITIONAL REQUIREMENT Please provide the following as an additional attachment: Attachment Description of Information A $5,000 non-refundable* application fee payable to "CSAC Finance Corporation." This fee will be credited to your issuance costs at closing (see CSCDA Fee Policies). *Refundable only if financing not approved. MAILING ADDRESS California Communities 2033 N. Main St., Suite 700 Walnut Creek, CA 94596 Page 4 of4 . SOURCES SOURCES & USES USES Tax-Exempt Bond Proceeds: T axabfe Bond Proceeds: Tax Credits: Developer Equity: Other Funds(Describe): South San Francisco RDA Soft Loan $11,500,000 $3,120,000 TOTAL: $14,620,000 Land Acquisition: Building Acquisition: Construction or Remodel: Cost of Issuance: Capitalized Interest: Reserves: $10,900,000 $255,000 $5251000 Other Funds(Describe): Architect and Engineers Permits and Fees Construction Contingency Oth er soft costs $625,000 $550,000 $815,000 $950,000 TOTAL: $14,620,000 Percentage of Units in Low Income Housing: 100 PUBLIC BENEFIT Percentage of Area Median Income(AMI) for Low Income Housing Units: 20%, 40%, and 45% Total Number of Management Units: 1 #of % Restricted Restri cted Market Expected Unit Size . AMI Units Rent Rent Savings 1 Bedroom 20% 2 $364 $1,095 $731 1 Bedroom 40% 1 $760 $1,095 $335 1 Bedroom 45% 2 $894 $1,095 $201 2 Bedrooms 20% 8 $431 $1,460 $1,029 2 Bedrooms 40% 4 $850 $1,460 $610 2 Bedrooms 45% 11 $1,067 $1,4j30 $393 3 Bedrooms 20% 5 $492 $2,367 $1,875 3 Bedrooms 40% 3 $960 $2,367 $1,407 3 Bedrooms 45% 6 $1,227 $2,367 $1,140 Remarks: 1 Unrestricted Manager Unit (3 Bedroom) Page 3 of 4 .. . ~ ..--' ~ ~ _t::;l.~~i tCt!~!~r.!r. _i"'" :~~. ...: '> t~ j CAt:JFQRNJA CO~iMUNITJES JOj'.~ ro\ll~:~,q{;i*(riE,n' JE:'r..RhtF~~r~' (-:-r;e!4::;'"~i~g.~f4'~ J.iJ~~=3~tr~t t'j;: J..,~t~lri t~~'ilt.,.t:ln~~,.~:t ~";il"J\.'-t J :~i~ Housing Bond Application APPLICANT INFORMATION Application Number: 2005060009 Name of Developer: BRIDGE Housing Corporation Primary Contact: Kevin Griffith Title: Project Manager Street Address: 345 Spear St Suite: 700 San Francisco State: CA Zip Code: 94105 City: Telephone Number. (415) 989-11.11 Fax Number: (415) 495-4898 E-maH: kgriffith@bridgehousing.com BORROWER DESCRIPTION Type of Entity: r For-profit Corporation r Non-profit Corporation r Municipality F-7 Partnership r Other (specify): For Non-profits only: Will you be applying' for State Volume Cap? N/A Name of Borrowing Entity: Grand Oak Assocaites Date Established: will be est. July 2005 Number of Multi-Family Housing Projects Completed in the Last 10 Years: 42 Number of Low Income Multi-Family Housing Projects Completed in the Last 10 Years: 42 FJNANCE TEAM JNFORMATION UNDERWRITERlBOND PURCHASER BOND COUNSEL Contact: Carrie Roberts Contact: Paul Thimmig Firm: Silicon VaHey Bank Firm: Quint and Thimmig Telephone: (415) 512-4273 Telephone: (415) 765-1550 Fax: (415) 495-3540 Fax: (415) 765-1555 E-mail: croberts@svbank.com E-mail:' pthimmig@qtllp.com Page 1 of 4 . * * . . - " -..........._..._-------:..:-~ c.o1JJltUNlTles. b ~<Y' C'~ ~ CJ., ~ ~ t.I) .... ::s ;;. ~ ~ ';:\. !{; "b $ CALEFORNmA COMMUNITIES JOINT POWERS AUTHORITY Building Communities, Investing in Local Government Since 1988 June 17, 2005 VIA EMAIL and REGULAR MAIL Mr. Jim Steele Finance Director City of South San Francisco P.O. Box 711 South San Francisco> CA 94083 Re: Public Hear:ing for Grand Oak Apartments Dear Jim: As you are aware~ BRIDGE Housing Corpornllon (the '~pplicant')) has submitted to the California Statewide Communities Development Authority (the '~uthority'>) an application (the ':Application") for the financi:O.g of a multifamily housing facility mown as Grand Oak Apartments (the "Project'j through the issuance of tax-exempt obligations in an aggregate principal amount not to exceed $12.0 million. The Project will be located in the City of South San Francisco at the corner of Oak and Grand Avenues. . The purpose of this letter is to request the assistance of the City of South San Francisco in joining the Authority's Amended and Restated Joint Exercise of Powers Agreement (the ':Agreement") as a Program Participant and conducting a public hearing with respect to the proposed financing on Tuesday> July 12,2005. . Before..the public hearing can be completed, the City Council will be asked to adopt a resolution to become a member of the Authority's Agreement. Once the City Council becomes a member to the Authority and the public hearing is completed, the City Council will be asked to adopt a resolution approving of the issllilnce of tax-exempt bonds for the financing of the proposed Project. Such approval is required for compliance with the federal tax laws under TEFRA, as well as Section 9 of the Authority's Agreement This approval will not constitute any other approval of the local agency. Therefore> in order for any financing for a private entity to be completed on a tax-exempt basis, the TEFRA hearing process must be completed by the legislative body of the local agency in which the proposed project will be located. r:. The Authority is a California joint exercise of powers authority, organized and existing under the laws of the State of Cilifornia (specifically> California Government Code Section 6500 and following), and is sponsored by the League of California Cities and the California State Association of Counties. Under the California Government Code, cities and _ Founding Co-Sponsors: ~ ~,~2~,~ CITIES C.UlQo:.b.~kAuctt..o.npjCns.nd_ 2033 North Main Street, Suite 700 · .Walnut Creek, California 94596 800.635.3993 · 925.933.9229 .. Fax 925.933.8457 .. info@cacommunities.org · www.cacommunities.org Staff Report Subject: Loan Agreement with BRIDGE Housing Corporation Page 2 Proj ect Financing The total project cost is $15,144,000. Of this amount, the City is providing a $3,500,000 loan that is being leveraged by the County's land subsidy and $11,644,000 from other funding sources including affordable housing tax credits. Approval of the City's loans will enable BRIDGE Housing to apply for the tax credit financing. The total project budget is attached as an exhibit to this report. Funds for this project have been anticipated and set aside in the Capital Improvement Project budget for the current year. CONCLUSION It is recommended that the RedeveloplTIent Agency Board approve the resolution authorizing execution of a Construction Loan Agreement and Promissory Note with BRIDGE Housing Corporation in an arTIount not to exceed $3,500,000. This amount includes the Agency's Pre- Construction loan approved in January 2004. Approval of the loan will make it possible to create 43 rental units, affordable to low-income working families in South San Francisco. Among the applicants will be City residents working as teachers, airport workers, food industry workers, and non-profit agency employees. After the Agency's approval of the financial assistance and the City Council's approval of the Affordable Housing Agreement and incentives, BRIDGE Housing will be able to submit an application for this year's imminent deadline for Low-Income Housing Tax Credits. Baring any delays, BRIDGE will break ground this fall and occupancy will occur in the spring 2007. By: Approved: Marty Van Duyn Assistant Executive Director Barry M. Nagel Executive Director Attachments: Resolution Loan Agreement and Promissory Note Project Budget ~'t\l ~ ~rs (~ ~ ~ ~ v c ~l1Fo"~ Staff Report AGENDA ITEM #14 DATE: July 13, 2005 TO: Honorable Mayor and City Council FROM: Marty VanDuyn, Assistant City Manager SUBJECT: 1. TENTATIVE SUBDIVISION MAP ALLOWING THE SUBDIVISION CREATING EIGHT (8) PARCELS AND COMMON AREA IN ACCORDANCE WITH SSFMC TITLE 19. 2. EXCEPTIONS FROM THE SSFMC TITLE 19 ALLOWING LOT SIZES LESS THAN 5,000 SQUARE FEET AND LOTS NOT FRONTING ON A PUBLIC RIGHT OF WAY, IN ACCORDANCE THE SSFMC TITLE 19. 3. PLANNED UNIT DEVELOPMENT ALLOWING LOT SIZES SMALLER THAN THE MINIMUM REQUIREMENT OF 5,000 SQUARE FEET AND REDUCED MINIMUM REQUIRED SETBACKS, AND PARKING AT A RATE OF 3 SPACES PER DWELLING UNIT INSTEAD OF 4.25 SPACES PER DWELLING UNIT, IN ACCORDANCE WITH SSFMC CHAPTER 20.78. 4. AFFORDABLE HOUSING AGREEMENT RESTRICTING TWENTY PERCENT (20%) OF THE EIGHT (8) UNITS AS AFFORDABLE DWELLINGS IN ACCORDANCE WITH SFMC CHAPTER 20.125. 5. DESIGN REVIEW ALLOWING FOR THE CONSTRUCTION OF A TWO-STORY EIGHT (8) UNIT CONDOMINIUM DEVELOPMENT, SITUATED AT 111 CHESTNUT AVENUE (APN 011-312-090) IN THE MEDIUM DENSITY (R-2-H) ZONE DISTRICT, IN ACCORDANCE WITH SSFMC CHAPTER 20.85. Owner and Applicant: Best Designs Case No.: P02-0020 RECOMMENDATION: That the City Council follow the recommendation of the Planning Commission and approve 1.) Tentative Subdivision Map allowing the subdivision cI:eating eight (8) parcels and common area in accordance with SSFMC Title 19,2.) Exceptions from the SSFMC Title 19 allowing lots sizes less than 5,000 square feet and lots not fronting on a public right of way, in accordance the SSFMC Title 19, 3.) Planned Unit Development allowing lot sizes smaller than the minimum requirement Staff Report Subject: 111 Chestnut Townhomes Page 2 of5 of 5,000 square feet and reduced minimum required setbacks, and parking at a rate of 3 spaces per dwelling unit instead of 4.25 spaces per dwelling unit, in accordance with SSFMC Chapter 20.78,4.) Affordable Housing Agreement restricting twenty percent (20%) of the eight (8) units as affordable dwellings in accordance with SFMC Chapter 20.125, and 5.) Design Review allowing for the construction of a two-story eight (8) unit condominium development, situated at 111 Chestnut Avenue (APN 011-312-090) in the Medium Density (R-2-H) Zone District, in accordance with SSFMC Chapter 20.85, subject to making the required findings and adopting conditions of approval. BACKGROUND: At the January 20,2005 Planning Commission meeting, the Commissioners reviewed the proposed development and offered comments involving design compatibility, density, parking and access. The Commissioners established a subcommittee to meet with the applicant to resolve these issues. The Planning Commission Subcommittee met with the applicant on February 10,2005 and offered several design suggestions. The applicant revised the plans incorporating the comments. At the Planning Commission meeting of March 17, 2005 the Planning Commission unanimously recommended approval of the proposed development. At the City Council meeting of April 27, 2005 the City Council expressed concern regarding the quality of the fit with the existing neighboring buildings. The Council approved the applicant's request to rezone the site from Medium Density Residential Zoning District (R-2-H) to High Density Residential Zoning District (R-3-L). At the same meeting the Council established a Design Subcommittee to work with the applicant to revise the plans. The Council Design Subcommittee met on May 4,2005 and June 16,2005. At the first meeting the Subcommittee suggested that the applicant change the rooflines to follow those established in the area and enclose the exposed chimney flues. The applicant revised the plans. At the second meeting the Design Subcommittee endorsed the revised plans. Project Overview The project includes the construction of eight two to three-story residential condominiums. Two of the dwellings will be restricted as affordable units. Parking will be provided on-site in individual unit garages and several open at-grade visitor parking spaces. The site will be landscaped and will provide decks attached to the units. The site is adjacent to other dwellings including multi-family and the new Oak Farms town home development. DISCUSSION: The project site's General Plan land use designation, High Density Residential, allows multi-family development. The project generally complies with the General Plan goals and policies. The present zoning is Medium Density Residential (R-2-H), which does not allow the proposed density. The Staff Report Subject: 111 Chestnut Townhomes Page 3 of5 applicant is requesting to rezone the site from Medium Density Residential (R-2-H) to Multi-Family Residential (R-3-L) Zone District, consistent with the City's adopted General Plan. As part of the Planned Unit Development the applicant is requesting exceptions from lot area and setbacks and lot coverage to allow the eight (8) units to be on individual lots. Statistics regarding the individual buildings and lots are attached to this staff report. A Tentative Subdivision Map is proposed to divide the lot into eight (8) lots and common area. Exceptions are requested from the City Subdivision requirements associated with the Planned Unit Development exceptions. The project will include two affordable dwelling units in accordance with the provisions of SSFMC Chapter 20.125. The applicant has met with the City Housing Division staff to discuss and initiate the Mfordable Housing Agreement between the City and the applicant. Because the project involves a zone change the project will also be required to be reviewed by the City Council. DEVELOPMENT STANDARDS The building generally complies with current City development standards as displayed in the following table: DEVELOPMENT STANDARDS TotaI Site Area: Height 0.523 acres [22,800 SF] Maximum: 50 FT Proposed: 35FT Floor Area Ratio: Maximum: No Max Proposed: Lot Coverage: Maximum: 65% Landscaping: Minimum: 10% Automobile Parking Townhome Minimum: 34 Mu1tifamiIy Minimum: 18 Setbacks Front Minimum: 15 FT (Chestnut) Side Minimum: 5 FT Rear Minimum: 11.5 FT Note: Individual lots vary in setbacks and lot coverage. NA Proposed: 40% Proposed: 35% Proposed: 24 Proposed: 24 Proposed: 15 FT Proposed: 10FT Proposed: 10FT Staff Report Subject: 111 Chestnut Townhomes Page 4 of5 The parking is proposed to provide 3 spaces per dwelling which exceeds the multifamily standard. The SSFMC Chapter 20.74 requires as much as 4.25 spaces for townhouse developments (2 garage spaces, 2 driveway apron spaces and 0.25 visitor parking spaces per dwelling). Staffis of the opinion that the 4.25 space requirement is predicated on large developments involving sufficient acreage to provide private streets and driveway aprons such as the newer portions of Terra bay, and many of the condominium developments on the west side of Sign Hill. For small infill sites, without the opportunity to create private roadways and driveway aprons, such as 111 Chestnut, 3 spaces per dwelling is an acceptable parking ratio. The applicant is proposing to reduce some of the minimum required side and rear setbacks for the individual lots although the overall development generally complies with the minimum setbacks required for a multifamily building - in this regard the front and side yards comply and the rear yards come close to the 11.5 foot yard setback. Units will be provided with private yards and balconies and two play areas shared in common. Lot sizes are reduced in order for the town homes to be constructed on separate lots and sold separately. Common area is proposed and will consist of the shared driveway, the two play areas and the front yard landscaped areas. The common areas will be maintained by the homeowner's association established for the development ENVIRONMENTAL DOCUMENT: City staff prepared and circulated for public comment a Mitigated Negative Declaration for a period of twenty (20) days from April 4 to April 23, 2003, in accordance with the California Environmental Quality Act. No substantive comments were received. The environmental document identified a couple of potential impacts including storm water runoff and construction activities. Mitigation measures are proposed to reduce the identified impacts to less than a significant level. CONCLUSION: The construction of an eight (8) unit condominium is consistent with the City's General Plan and with the Rezoning, Planned Unit Development and Housing Agreement with all applicable requirements of the City's Zoning and Subdivision Ordinances. City staff recommends that the City Council follow the recommendation of the Planning Commission and approve the following: 1). Tentative Subdivision Map allowing the subdivision creating eight (8) parcels and common area in accordance with SSFMC Title 19. 2.) Exceptions from the SSFMC Title 19 allowing lots sizes less than 5,000 square feet and lots not fronting on a public right of way, in accordance the SSFMC Title 19. 3.) Planned Unit Development allowing lot sizes smaller than the minimum requirement of 5,000 square feet and reduced minimum required setbacks, and parking at a rate of 3 spaces per dwelling unit instead of 4.25 spaces per dwelling unit, in accordance with SSFMC Chapter 20.78. Staff Report Subject: 111 Chestnut Townhomes Page 5 of5 4.) Housing Agreement restricting twenty percent (20%) of the eight (8) units as affordable dwellings in accordance with SFMC Chapter 20.125. 5.) Design Review allowing for the construction a two-story eight (8) unit condominium development. BY'~ . Marty VanDuyn Assistant City Manager ~ Attachments: City Council Resolution of Approval Planning Commission Resolution of Approval Draft Conditions of Approval City Council Staff Report April 27, 2005 Minutes April 27, 2005 Planning Commission Staff Reports April 18, 2002 September 19, 2002 January 20,2005 March 17, 2005 Minutes April 18, 2002 September 19, 2002 January 20,2005 March 17, 2005 Design Review Board Minutes March 19,2002 Draft Housing Agreement Draft CC&Rs Mitigated Negative Declaration Plans RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION OF THE CITY COUNCIL ADOPTING A MITIGATED NEGATNE DECLARATION (ND02-0002), A PLANNED UNIT DEVELOPMENT (pUD02-0002), A TENTATNE SUBDNISION MAP (SA02-0002) AND AN AFFORDABLE HOUSING AGREEMENT (AHA02-0001) FOR A .52 ACRE SITE LOCATED AT 111 CHESTNUT AVENUE. WHEREAS, the. South San Francisco Planning Commission held duly noticed study sessions on April 18 and September 19,2002; and, WHEREAS, the South San Francisco Planning Commission held duly noticed public hearings on January 20, 2005 and March 17,2005; and WHEREAS, by Resolution adopted March 17, 2005, the Planning Commission recommended that the City Council approve the above-referenced land use entitlements; and WHEREAS, at its meeting of April 27, 2005, the City Council conducted a public hearing to consider the recommendation of the Planning Commission, and approved the applicant's request to rezone the site from Medium Density Residential Zoning District (R-2-H) to High Density Residential Zoning District (R-3-L). At the same meeting, the Council expressed some concerns regarding the project design's compatibility with the character of surrounding neighborhood, and established a Design Subcommittee consisting of Vice Mayor pro tern Fernekes and Council Member Garbarino to work with the applicant to revise the plans; and WHEREAS, the City Council Design Subcommittee met on May 4t\ 2005 and June 16, 2005. During the fIrst meeting, the Subcommittee suggested revisions to the roof lines and enclosing exposed chimney flues. The applicant revised the plans, and at its second meeting, the Subcommittee endorsed the plans as revised; and WHEREAS, the property is designated as "High Density Residential" in the General Plan, as adopted in December 1999 and subsequently amended, and the requested rezoning of the property from its current designation from Medium Density Residential (R-2-H) to Multi- Family Residential (R-3-L) was introduced at the City Council meeting of April 27, 2005, and will receive its second reading on July 13, 2005; and, WHEREAS, based on public testimony and the materials submitted to the City of South San Francisco Planning Commission which include, but are not limited to: Housing Agreement prepared by the City of South San Francisco dated July 2004; Architectural and Landscape Plans, dated March 1, 2005, prepared by KDA Architects, Inc.; minutes of the Design Review Board meeting of June 19,2001; April 18, 2002 Planning Commission staffreport; September 19, 2002 Planning Commission staff report; January 20, 2005 Planning Commission staff report; March 17, 2005 Planning Commission staff report; April 18, 2002 Planning Commission Study Session; September 19, 2002 Planning Commission Study Session; January 20, 2005 Planning 1 RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION OF THE CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION (ND02-0002), A PLANNED UNIT DEVELOPMENT (pUD02-0002), A TENTATIVE SUBDIVISION MAP (SA02-0002) AND AN AFFORDABLE HOUSING AGREEMENT (AHA02-0001) FORA .52 ACRE SITE LOCATED AT 111 CHESTNUT AVENUE. WHEREAS, the South San Francisco Planning Commission held duly noticed study sessions on April 18 and September 19,2002; and, WHEREAS, the South San Francisco Planning Commission held duly noticed public hearings on January 20,2005 and March 17,2005; and WHEREAS, by Resolution adopted March 17,2005, the Planning Commission recommended that the City Council approve the above-referenced land use entitlements; and WHEREAS, at its meeting of April 27, 2005, the City Council conducted a public hearing to consider the recommendation of the Planning Commission, and approved the applicant's request to rezone the site from Medium Density Residential Zoning District (R-2-H) to High Density Residential Zoning District (R-3-L). At the same meeting, the Council expressed some concerns regarding the project design's compatibility with the character of surrounding neighborhood, and established a Design Subcommittee consisting of Vice Mayor pro tern Fernekes and Council Member Garbarino to work with the applicant to revise the plans; and WHEREAS, the City Council Design Subcommittee met on May 4th, 2005 and June 16, 2005. During the frrst meeting, the Subcommittee suggested revisions to the roof lines and enclosing exposed chimney flues. The applicant revised the plans, and at its second meeting, the Subcommittee endorsed the plans as revised; and WHEREAS, the property is designated as "High Density Residential" in the General Plan, as adopted in December 1999 and subsequently amended, and the requested rezoning of the property from its current designation from Medium Density Residential (R-2-H) to Multi- Family Residential (R-3-L) was introduced at the City Council meeting of April 27, 2005, and will receive its second reading on July 13, 2005; and, WHEREAS, based on public testimony and the materials submitted to the City of South San Francisco Planning Commission which include, but are not limited to: Housing Agreement prepared by the City of South San Francisco dated July 2004; Architectural and Landscape Plans, dated March 1,2005, prepared by KDA Architects, Inc.; minutes of the Design Review Board meeting of June 19, 2001; April 18, 2002 Planning Commission staff report; September 19, 2002 Planning Commission staff report; January 20, 2005 Planning Commission staff report; March 17,2005 Planning Commission staffreport; April 18, 2002 Planning Commission Study Session; September 19, 2002 Planning Commission Study Session; January 20, 2005 Planning 1 Commission hearing; the March 17,2005 Planning Commission hearing; City Council Meeting April 27, 2005; Design Subcommittee meeting of May 4,2005; Design Subcommittee meeting of June 16, 2005; and the City Council staffreport, July 13, 2005. NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOL VB AS FOLLOWS: A. The City Council hereby fmds as follows: 1. Environmental Document. A Mitigated Negative Declaration has been prepared for the proj ect in accordance with the provisions of the California Environmental Quality Act (CEQA). The Mitigated Negative Declaration No. 02-0020 identifies potential adverse impacts attributable to the development of eight (8) new residences. The impacts can be reduced to a less than significant level through the implementation of mitigation measures. A mitigation monitoring program is established to ensure that impacts are reduced to a less than significant level. Mitigation measures, including dust suppression measures during construction, preparation and submittal of a of Storm Water Pollution Prevention Plan, retention of a qualified acoustic engineer to identify methods to achieve acceptable noise levels, and limitation of construction hours, along with monitoring of these mitigation measures, have been incorporated into the proj ect or made conditions of approval which will reduce identified impacts to a less than a significant level. 2. Proiect Density. The project is consistent with the provisions of the City's General Plan that support residential development, and specifically with the Housing Element that supports provision of additional market rate and affordable housing in the community to meet on-going denland. The project's proposed density of 15.39 units per acre falls slightly below the threshold range for High Density Residential (between 18.1 and 30.0 units per acre) as contained in the General Plan Land Use Element. However, various site constraints and the site's configuration support this accommodation. In order to comply with the majority of lot and setback requirements, lot sizes have been reduced in order that townhouses may be constructed on separate lots and sold separately. The site is situated on a busy thoroughfare, and 15.39 units per acre is the maximum density that will permit preservation of the neighborhood's existing residential character. Moreover, the project furthers Policy number 2-G-6 of the General Plan, which encourages maximization of opportunities for residential development, including infill ofunderutilized sites, without impacting existing neighborhoods. The .523 acre site has previously been used for a single family dwelling. The proposed proj ect provides for an additional seven residential units, while maintaining the existing character of the surrounding neighborhood. 3. Design Compatibility. The eight (8) new town houses and site landscaping comply with the City's Design Guidelines. 4. Zoning Compliance. The residences comply with the requirements of South San 2 Francisco Municipal Code Title 20 Zoning Regulations, as amended by the accompanying zone change ordinance. 5. Tentative Subdivision Map. As required by the Tentative Subdivision Map Procedures [SSFMC Title 19], the following fmdings are made in approval ofa Tentative Subdivision Map allowing a new residential subdivision consisting of 8 single family 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 generally conforms to City standards with regards to design, drainage, utilities, and road improvements, and where these standards have not been fully met, conditions of approval have been added to assure that surroundings properties are not adversely affected. 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 proj ect 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 8 lot subdivision with a density of 15.39 dwellings per net acre generally complies with the General Plan Land Use Element designation of the site of High Density Residential even though the density does not meet the threshold of dwelling density per acre as expressed in the General Plan Land Use element. 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. 8. 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 residential Planned Unit Development allowing a new residential development consisting of 8 detached single family town homes with common area: A. The 0.53 acre site is physically suitable for a new 8 unit residential town home development with common area. Exceptions for the development include reduced lot size, increased lot coverage and reduced building setbacks, and are similar to those allowed for other area residential developments. The new dwellings are of similar style to existing adj acent 3 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. The City's Design Review Board recommended approval of the proposed development. The revised plans, incorporating wrap-around balconies, differing and variegated designs for each unit, and sloped roofs, will provide for a project of superior design which will be of benefit to the neighborhood and community. 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 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. C. 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. D. The new residential development will not be adverse to the public health, safety or general welfare of the community, unreasonably detrimental to surrounding properties or improvements, or detrimental to the comfort or convenience of persons working or residing in the vicinity. The development is designed to comply with the City design guidelines and the architectural theme of the similar town home developments in the vicinity. Conditions of approval are attached which will ensure that the development complies with local development standards and requirements. Provision of two affordable dwellings will assist the City in meeting the need for affordable housing. E. Public Benefit. The Subdivision of the .52 acre lot allowing the development of eight (8) townhouses and common area, will not be adverse to the public health, safety, or general welfare of the community, nor unreasonably detrimental to surrounding properties or improvements. The use is compatible with the existing neighboring residential uses. Site improvements including the provision of upgrades to the public infrastructure, and landscaping of all of the yards of each new lot and common area will reduce potential adverse impacts to the public infrastructure, circulation conflicts and provide a streetscape that is comparable to the surrounding neighborhoods. E. As required by SSFMC 20.84.045(B)(4), the following findings are made 4 in approval of a reduced rate of parking in accordance with SSFMC 20.84.070(B): 1. The proposed parking will provide three (3) spaces per dwelling unit which exceeds the applicable multi-family standard. SSFMC Chapter 20.74 requires as many as 4.25 spaces for townhouse developments (two garage spaces, two driveway apron spaces and 0.25 visitor parking spaces per dwelling). However, this requirement is generally predicated on large developments of substantially higher acreage that have sufficient lot coverage to provide private streets and driveway aprons (e.g. the newer portions of the Terrabay development or larger developments on the West Side of Sign Hill). The smaller site size here justifies the lower parking ratio, as requiring a higher number would reduce project density, FAR ratios, and could additionally reduce the overall size of the development's common areas. Permitting the lower number of spaces will permit the proj ect to retain the character of surrounding neighborhood properties in that more site coverage can be devoted to common areas and variegation of individual unit design. 11. Three parking spaces for each unit in the smaller infill site will provide adequate parking for these single family dwellings and will serve all existing, proposed and potential uses as effectively and conveniently as would the standard number required by Chapter 20.74. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco does hereby: A. Adopt the Mitigated Negative Declaration assessing environmental impacts of a new eight (8) unit residential subdivision, in accordance with the California Environmental Quality Act and the Mitigation Monitoring and Reporting Program; and B. Approve the Planned Unit Development allowing eight (8) single family town homes and common area with exceptions for smaller lots, increased lot coverage, lots not fronting on a public right of way, and reduced building setbacks; and C. Approve the Tentative Subdivision Map allowing the subdivision creating eight (8) parcels and common area in accordance with SSFMC Title 19; and D. Approve the Affordable Housing Agreement restricting twenty percent (20%) of the eight (8) units as affordable dwellings in accordance with SSFMC Chapter 20.125. 5 * * * * * * * 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 , 2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk 742620vl;405-001 6 RESOLUTION NO. 2641-2005 PLANNING COJ.VlMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION OF THE PLANNING COJ.VlMISSION OF THE CITY OF SOUTH SAN FRANCISCO RECOMlVlENDING THAT THE SOUTH SAN FRANCISCO CITY COVNCa APPROVE :MITIGATED NEGATIVE DECLARATION NO. 02-0020, RECLASSIFICATION FROM MEDIUM DENSITY ZONING DISTRICT (R-2-H) TO MULTI-FAMILY DENSITY RESIDENTIAL (R-3-L) ZONING DISTRICT, RESIDENTIAL PLANNED UNIT DEVELOP:MENT, TENTATIVE SUBDIVISION MAP, DESIGN REVIEW AND A HOUSING AGREE:MENT INCLUDING PROVISIONS FOR AFFORDABLE HOUSING ON AN 0.52 ACRE SITE SITUATED AT 111 CHESTNUT AVENUE. WHEREAS, ,the South San Francisco Planning Commission held duly noticed study sessions on April 18 and September 19, 2002;' and, WHEREAS, the South San Francisco Planning Commission held duly noticed public hearings on January ,20, 2005 and March 17, 2005, WHEREAS, as required by the "Amendment Procedures" (SSFMC Chapter 20.87), and Title 19 (Subdivision Ordinance), the Planning Commission makes the following findings are made in support of Reclassification from Medium Density Residential (R-2-H) Zoning District to Multi-Family Residential Zoning District (R-3-L), R,esidential Planned Unit Development, Tentative Subdivision Map and Housing Agreement with provisions for Affordable Housing allowing eight (8) town houses on a 0.52 acre site situated at 111 Chestnut Avenue, owned by Charles Bng, based on public testimony and the materials' submitted to the City of South San Francisco Planning Commission which include, but are not limited to: Housing Agreement prepared by the City of South San Francisco dated July 2004; Architectural and Landscape Plans, dated March 1, 2005, prepared by KDA Architects, Inc.; minutes of the Design Review Board meeting of June 19,2001; April 18, 2002 Planning Commission staffreport; September 19, 2002 Planning Commission staff report; J anlliuy 20, 2005 Planning Commission staff report; March 17, 2005 Planning Commission staff report; April 18, 2002 Planning Commission Study Session; September 19, 2002 Planning Commission Study Session; January 20,2005 Planning' Commission meeting; and the March 17, 2005 Planning Commission meeting; - 1- 1. The proj ect is consistent with the provisions of the City's General Plan that support residential development, and specifically with the Housing Element that supports provision of additional market rate and affordable housing in the community to meet on- going demand. Theproposed density of 15.39 units per acre for the 0.52 acres to be developed with dwellings is well within the overall density of 37.5 units per acre for the High Density Residential category provided in the' City's General Plan. 2. The 0.52 acre site is physically suited for the proposed townhouse subdiVision. 3. The development will create a residential environment of sustained desirability and stability and will result in an intensity of land use similar to adjacent multi-family and single- family neighborhoods. The proposed density of 15.39 units per acre and the general style and quality of the new residences and site improvements is substantially similar to or superior to rec~ntly approved subdivisions in the City. 5. A Mitigated Negative Declaration has been prepared for the proj ect in accordance with the provisions of the California Environmental Quality Act (CEQA).The Mitigated Negative Declaration No.02-0020 identifies a couple of potential adverse impacts attributable to the development of eight (8) new residences. The impacts can be reduced to a less than significant level through the implementation of mitigation measures. A mitigation monitoring program is, established to ensure that impacts are reduced to a less than significant level. Mitigation measures including a mitigation monitoring have been ' incorporated into the proj ect or made conditions of approval which will reduce identified impacts to a less than a significant level. 6. The Subdivision of the 0.52 acre lot allowing the development of eight (8) townhouses and common area, will not be adverse to the public health, safety, or general welfare of the community, nor unreasonably detrimental to surrounding properties or improvements. The use is compatible with the existing neighboring residential uses. Site improvements including the provision of upgrades to the public infrastructure, and landscaping of all of the yards' of each new lot and common area will reduce potential adverse impacts to the public infrastructure, circulation conflicts and provide a streetscape that is comparable to the surrounding neighborhoods. 7. The eight (8) new to'Wll houses and site landscaping comply with the City's Design Guidelines. 8. . The residences comply with the requirements of South San Francisco Municipal Code Title 20 Zoning Regulations. The design and improvements are not in conflict with any knO'Wll existing public easements. 9. Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of South San Francisco's General Plan, (c) the Mitigated Negative Declaration, (d) the Staff Report, and on the basis of the specific conclusions set forth -2- below, the City Council finds and determines that: 1. The Affordable Housing Agreement is consistent with the obj ectives, policies, general land uses and programs specified and contained in the City's General Plan in that (a) the General Plan designation for the sited is High Density Residential and the proposed townhouse development is consistent with those land use designations, (b) the proj ect is consistent with the fiscal policies of the General Plan with respect to provision of infrastructure and public services, and (c) the Housing Agreement includes provisions relating to affordable housing. 2. The Affordable Housing Agreement is compatible with the uses authorized in, and the regulations prescribed for, the zoning district in which the real property is located in that the proj ect approvals include a zoning reclassification adopted specifically for the proj ect. a. The Affordable Housing Agreement will not be detrimental to the health, safety, and general welfare in that the proj ect will proceed in compliance with all the policies and programs ofllie General Plan and in compliance with all applicable zoning, subdivision, and building regulations of the City of South San Francisco. b. The Affordable Housing Agreement is in conformity with public convenience, general welfare and good land use policies in that the Proj ectwill implement land use guidelines set forth in the General Plan that have planned for residential uses at this location. e. The Affordable Housing Agreement will not adversely affect the orderly development of property or the preservation of property values in that the proj ect will be consistent with the General Plan:. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends that the South San Francisco City Council approve Mitigated Negative Declaration No. 02-0020, Zoning Reclassification 02-0020, Residential Planned Unit Development 02-0020, Tentative Subdivision Map 02-0020, Housing Agreement and Design Review 02-0020 subject to the Conditions of Approval contained in Exhibit B. BE IT FURTHER RESOLVED that the resolution shall become effective immediately upon its passage and adoption. -3- * * * * * * * 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 March 2005 by the following vote: AYES: Commissioner Giusti, Commissioner Honan, Commissioner Prouty, Commissioner Romero, Commissioner Siro., Vice Chairperson Zemke and Chairperson Teglia NOES: None ABSTAIN: None ABSENT: Nr\11A ATTEST: /s/ Thomas C. Sparks Commission Secretary Thomas C. Sparks -4- CONDITIONS OF APPROVAL 111 CHESTNUT TOWNHOUSES MND, SA, PUD & DR 02-0020 (As recommended by the Planning Commission on March 17, 2005) A. PLANNING DIVISION: 1. 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. 2. 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 KDA Architecture Inc., dated March 1,2005, Civil Engineering, Grading and Drainage, and Tentative Subdivision Map plans prepared by GL+A Civil Engineers & Land Surveyors, submitted in association with P02-0020. 3. The landscape plan shall include mature shrubs and trees. Shrubs shall be a minimum size of 15 gallons, trees shall have a minimum size of24 inch box and 15% of the total number of proposed trees shall have a minimum size of36 inch box. The landscape plan shall be subject to the review and approval by the City's Chief Planner. 4. Prior to the issuance of any Building Permit, the Final Subdivision Map shall be subject to the review and approval by the City Engineer. The Final CC&~ shall be subj ect 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. 5. 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 $13,040.00 (8 dwellings x $1,630.00/unit = $13,040.00). 6. Prior to the issuance of any building permit the owner shall implement the provisions of the Affordable Housing Agreement. The implementation plan shall be subj ect to the review an approval of the City's Housing Division Manager. 7. The applicant shall comply with all mitigation measures and the Mitigation Monitoring Program associated with Mitigated Negative 'Declaration 01-012. -5- 8. Prior to the final inspection of each dwelling in accordance with SSFMC Chapter 19.24, the owner shall pay the City fee in-lieu of-park land dedication. The fee is based on the formula contained in SSFMC Chapter 19.24 and cannot be estimated at this time without the market value being lmown [(Dwelling) x (PopulationIDU) x (3 acres/1,000 population) x (Fair Market Value/Buildable Acre) = ($ Subtotal Fee) x (1.2) = $ Fee]. The fees may be' paid in a lump sum basis for the entire development. The fee payment, schedule and determination of Fair Market Value shall be subj ect to the review and approval of the City's Park and Recreation Director. 9. Within six (6) months of the approval ofP02-0020 the owner shall consult . with the adj acent property owners regarding the design of the perimeter fence along the westerly property boundary. The fence design shall be subj ect to the review by the Planning Commission. 10. The final construction plans shall include changing the roof pitch of the building fayade of the two units fronting on Chestnut Avenue up to a 4 in 12 pitch to help reduce the appearance of the upper story building mass. (planning Contact Person: Steve Carlson, Senior Planner, 650/877-8353, Fax 650/829-6(39) B. ENGINEERING DIVISION: 1. STANDARD CONDITIONS The Developer shall comply with the Engineering Division's "Standard Subdivision and Use Permit Conditions for Townhouse, Condominium and Aparlment 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 Engineering Divisions). 2. SPECIAL CONDITIONS a. The existing downstream. public drainage system has not been shown to have sufficient excess capacity to accommodate the storm water runoff from the fully improved Hillside 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 from the site in its existing, unimproved, condition, during a 25- year design storm. -6- b. 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. c. 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. d. 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. e. The proposed yearly Homeowner's Association Budget shall be submitted to the City Engineer for review and approval, as to the adequacy of the estimated common area improvements and infrastructure maintenance and capital improvement replacement and repair reserves. f. 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 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 anyon-site retention facilities shall be submitted to the Engineering Division and the City's Environmental Compliance Coordinator for review and approval. g. 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. 3. OFF -SITE llv1PROVJv1ENTS Various off-site improvements will be required to be constructed by the -7- 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 subj ect subdivision, the subdivider shall enter into a subdiyision 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. a. 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 Inspection staff, on a time and materials basis, in connection with the development of the subject subdivision improvements. b. 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. TE:M:PORARY 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. a. 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. -8- 4) Pavement, curb, gutter and sidewalks shall be provided within the model home complex. b. Prior to receiving permanent occupancy pennits 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 follovving items: 1) All construction areas shall be completely fenced off from the portion of the site occupied by the new residents and subj ect 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. 4) 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: Dennis Chuck, 650/829-6652) C. POLICE DEP ART:MENT: 1. Site Plan and Subdivision Map a. The Police Department has no concerns with the subdivision map. b. On-site parking ~d circulation appear adequate and acceptable for the proj ect. c. The applicant shall submit a list of proposed street names for the proj ect to be reviewed and approved by the Police Department before :fi.1.ii1g 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 El Rancho -9- Drive is permissible. d. No fire lanes will be approved on site. The roadway system shall be designed so that roadways ar,e wide enough so fire lanes are not necessary. 2. Municipal Code Compliance a. 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. b. 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 proj ect. 3. Security and Safety 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 I) All exterior wood doors and doors leading from enclosed garage areas shall be solid core with a minimum thickness of 1- 3/4". 2) Door framing 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 from enclosed garage areas into single-family dwellings shall be secured with a single-cylinder deadbolt lock with a m.inim.um throw of one inch. a) The locks into the residence shall be so constructed -10- 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. 1 (This includes the fixed garage window adj acent 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 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 of300 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 colorto 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 1 5/16" security laminate, %" polycarbonate or approved security film trea1ment, minimum. -11- 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/applicant shall enclose the entire perimeter of the proj ect 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 applicant'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 proj ect to be reviewed and approved by the Police Depar1ment. The lapplicant shall indicate if the plan should be approved considering principles of F eng Shui. 4) 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 activityJrom the use circulation and occupancy of residential units and model units and sales office activities. (police Department contact person: Sergeant E. Alan Normandy (650/877-8927) D. FIRE DEP ARTlVIENT: 1. 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 IIIA of the Fire Area exceeding 3,600 sq ft. Describe common walls at property lines. (Fire Department contact person: Bryan Niswonger 650/829-6671) -12- E. WATER QUALITY CONTROL PLANT: 1. The onsite new catch basins are to be stenciled with the approved San Mateo Countywide Stormwater Logo. 2. A plan showing the location of all storm drains and sanitary sewers must be submitted and approved prior to issuance of a building permit. 3. Stormwater pollution preventions devices are to be installed. A combination of landscape based controls' and manufactured controls are preferred. Existing catch basins are to be retrofitted with catch basin inserts or equivalent. Specific plans must be submitted and approved prior to the issuance of a building permit. 4. The applicant must submit a signed maintenance schedule for the stormwater pollution prevention devices installed. 5. Roof condensate needs to be routed to sanitary sewer. This must be included in approved plans. 6. Trash handling area must be covered and enclosed and must drain to sanitary sewer. This must be included in approved plans. 7. Plans that include the location of the concrete wash out area and location of the entrance/outlet of tire wash during construction must be submitted and approved prior to the issuance of the building permit. 8. Show on the. approved plans the approximate locations of areas subject to inundation by storm water overflow, and the location, width and direction of flow of all watercourses existing and proposed. 9. A grading and drainage' plan that demonstrates !idequate drainage on the property must be submitted and approved prior to the issuance of a building permit. 10. An erosion control plan must be submitted and approved prior to issuance of a building permit. 11. Applicant must pay sewer connection fee of $1,514.00 per house, for a total of $12,112.00. (Water Quality Control contact person: Cassie Prudhel 650/877-8634) -13- DATE: . TO: FROM: SUBJECT: AGENDA ITEM#lla taff ort ....A:GENDAITEM#11b. April 27, 2005 Honorable Mayor and City Council Marty VanDuyn, Assistant City Manager 1. REZONING OF THE PROPERTY AT 111 CHESTNUT AVENUE FROM MEDIUM DENSITY RESIDENTIAL ZONlNG DISTRICT (R-2-H) TO MULTI-FAMlLYRESIDENTIAL ZONING DISTRICT (R-3-L) IN' ACCORDANCE WITH SSFMC CHAPTER 20.87. 2. TENTATIVE SUBDMSION MAP ALLOWING THE SUBDMSION CREATING EIGHT (8) PARCELS AND C01vfMON AREA IN ACCORDANCE WITH SSFMC TITLE 19. 3. EXCEPTIONS FROM THE SSFMC TITLE 19 ALLOWING LOTS SIZES LESS THAN 5,000 SQUARE FEET AND LOTS NOT FRONTWG ON A _. PUBLIC RIGHT OF WAY, IN ACCORDANCE THE SSFMC TITLE 19. 4. PLANNED UNIT DEVELOPMENT ALLOWING LOT SIZES SMALLER THAN THE MINIMUM REQUIRE1v.IENT OF 5,000 SQUARE FEET AND REDUCED MINIMUM REQUIRED SETBACKS, AND PARKING AT A RATE OF 3 SPACES PER DWELLING UNIT mSTEAD OF 4.25 SPACES PER DWELLING UNIT, ill ACCORDANCE WITH SSFMC . CHAPTER 20.78-. 5. AFFORDABLE HOUSffiG AGREEMENT RESTRICTING TWENTY PERCENT (20%) OF THE EIGHT (8) UNITS AS AFFORDABLE DWELLIN'GS IN ACCORDANCE WITH SFMC CHAPTER 20.125. 6. DESIGN REVJEW ALLOVlThTG FOR THE CONSTRUCTION A TWO- STORY EIGHT (8) UNIT CONDOMINIUM DEVELOPMENT, SITUATED AT 111 CHESTNUT AVENUE (APN 0IJw312-090) ill THE MEDIUM DENSITY (R-2-H) ZONE DISTRlCT, IN ACCORDAN"CE WITH SSFMC CHAPTER 20.85. Owner and Applicant: Best Designs Case No..: P02w0020 -14- Staff Report . Subject: 111 Chestnut To'WDhomes Page 2 of5 RECOl\11\1ENDATION: . That the City Council fonow the'recommendation of the Planning Commission and approve 1.) Rezoning of the property at 111 Chestnut Avenue from Medium Density Residential Zoning District (R..2-H) to Multi-Family Resid~ntial Zoning District (R-3-L) in accordance with SSFMC Chapter 20.87, 2..) Tentative Subdivision Map allowing the subdivision creating eight (8) parcels and common area in accordance with SSFMC Title 19, 3.) Exceptions from the SSFMC Title 19 allowing lots sizes less than 5,000 square feet and lots not fronting on a public right of way, in accordance the SSFMC Title 19, 4.) Planned Unit Development allowing lot sizes smaller than the minimum requirement of 5,000 square feet and reduced minimum required setbacks, and parking at a rate of 3 spaces per dwelling unit instead of 4.25 spaces per dwelling unit, in accordance with SSFMC Chapter 20.78, 5.) Affordable Housing Agreement restricting twenty percent (20%) of the eight (8) units as affordable dwellings in accordance with SFMC Chapter 20.125, and 6.) Design Review anowing for the construction a tvvo-story eight (8) unit condominium development, situated at 111 Chestnut Avenue (APN 011..312..090) in the Medium Density (R-2-H) Zone District, in accordance with SSFMC Chapter 20.85, subject to making the required findings and adopting conditions of approval. BACKGROUND: At the January 20, 2005 Planning Commission meeting, the Commissioners reviewed the proposed development and offered comments involving design compatibility, density, parking and access. The Commissioners established a subcommittee to meet with the applicant to resolve these issues. The Planning Commission Subcommittee met with theapplicant on February 10, 2005 and offered several . design suggestions. The applicant revised the plans incorporating the comments. At the Planning Commission meeting of March 1 7, 2005 the Planning Commission unanimously recommended approval of the proposed development. . Project Overview The 0.523 acre site was previously used as a single-family dwelling. The project includes the construction of eight two to tbiee-story residential condominiums. As many as two of the dwellings will be restricted as affordable units. Parking will be provided on-site in individual unit garages and several open at-grade visitor parking spaces. The site will be landscaped and will provide decks attached to the units. The site is adjacent to other dwellings including multi-family and the new Oak Farms town home development. DISCUSSION: The project site's General Plan land use designation, High Density Residential, allows multi-family. development. The proj ect generally complies with the General Plan goals and policies. The present zoning is Medium Density Residential (R-2-H), which does not allow the proposed density. The applicant is requesting to rezone the site from Medium Density Residential (R-2-H) to Multi-FamilyResidential (R-3- L) Zone District, consistent 'With the Cityts adopted General Plan. As part of the Planned Unit Development the applicant is requesting exceptions from lot area and setbacks and lot coverage to allow the eight (8) units to be on i-I 5 -uallots. Statistics regarding the individual buildine:s and lots are. attached to this staff Teno'rl . Staff Report Subject: 111 Chestnut Townhomes Page 3 ofS A Tentative Subdivision Map is proposed to divide the lot into eight (8) lots and common area. Exceptions are requested from the City Subdivision requirements associated with the Planned Unit Development exceptions. The project will include two .affordable dwelling units in accordance with the provisions of SSFMC Chapter 20.125. The applicant has met with the City Housing Division staff to discuss and initiate the Affordable Housing Agreement between the City and the applicant. Because the project involves a zone change the project will also be required to be reviewed by the City Council. DEVELOP1vIENT STANDARDS The building generally complies with current City development standards as displayed in the following table: . DEVELOPMENT STANDARDS Total Site Area: Height 0.523 acres [22,800 SF] Maximum: 50 FT Proposed: 35 FT Floor Area Ratio: Maximum: No Max Proposed: NA Lot Coverage: Maximum: 65% Landscaping: Minimum: 10% Automobile Parking Townhome Minimum: 34 Multifamily Minimum: 18 Setbacks Front Minimum: 15 FT (Chestnut) Side Minimum: 5 FT Rear Minimum: 11.5 FT Note: Individriallots vary in setbacks and lot coverage. Proposed: 40% Proposed: ..35% Proposed: 24 Proposed: 24 Proposed: 15 FT Proposed: 10FT Proposed: 10FT The parking is proposed to provide 3 spaces per dwelling which exceeds the multifamily standard. The SSFMC Chapter 20.74 requires as much as 4.25 spaces fat townhouse developments (2 garage spaces, 2 driveway apron spaces and 0.25 visitorparldng spaces per dwelling). However, City staff is of the opinion that the 4.25 space requirement is predicated on large developments involving sufficient acreage to provide private streets and driveway aprons such as the newer portions of T errabay, and many of the -16- Staff Report Subj ect: 111 Chestnut Townhomes Page 4 of5 developments on "condo hill" (generally the west side of Sigrl Hill). For small infill sites~ without the opportunity to create private roadways and driveway aprons~ such as 111 Chestnut, 3 spaces per dwelling is an acceptable parking ratio. The applicant is proposing to reduce some of the minimum required side and rear setbacks for the individual lots although the overall development generally complies with the minimum setbacks required for a multifamily building - in this regard the front and side yards comply and the rear yards come close to the 11.5 foot yard setback. Units will be provided with private yards and balconies and two play areas shared in common. Lot sizes are reduced in order for the town homes to be constructed on separate lots and sold separately. Common area is proposed and will consist of the shared driveway~ the two play areas and the front yard landscaped areas. The common areas will be maintained by the homeo\VD.er's association established for the development ENVIRONMENTAL DOCUMENT: City staff prepared and circulated for public comment a Mitigated Negative Declaration for a period of twenty (20) days from April 4 to Apri123~ 2003~ in accordance with the California Environmental Quality Act. No substantive comments were received. The environmental document identified a couple of potential impacts including storm water runoff and construction activities. Mitigation measure~ are proposed to reduce the identified impacts to less than a significant level. CONCLUSION: The construction of an eight (8) unit condominium is consistent with the City's General Plan and with the Rezoning, Planned Unit Development and Housing Agreement with all applicable requirements of the City's Zoning and Subdivision Ordinances. City staff recommends that the City Council follow the recommendation of the Planning Commission and approve the following:. 1). Rezoning of the property at 111 Chestnut Avenue from Medium Density Residential Zoning District (R-2-H) to Multi-Family Residential Zoning District (R-3-L) in accordance with SSFMC Chapter 20.87. 2.) Tentative Subdivision Map allowing-the subdivision creating eight (8) parcels and common area in accordance with SSFMC Title 19. . 3.) Exceptions from the SSFMC Title 19 allowing lots sizes less than 5,000 square feet and lots not fronting on a public right ofway~ in accordance the SSFMC Title 19. 4.) Planned Unit Development allowing lot sizes smaller than the minimum requirement of 5,000 square feet and reduced minimum required setbacks, and parking at a rate of 3 spaces per dwelling unit instead of 4.25 spaces per dwelliIig unit, in accordance with SSFMC Chapter 20.78. . 5.) Housing Agreement restricting twenty percent (20%) of the eight (8) units as affordable dwellings in accordance with SFMC Chapter 20.125. 6). Design Review allowing for the construction a two-story eight (8) unit condominium development. -17- Staff Report Subj ect: 111 Chestnut T ownhomes Page 5 of5 By: ~~ Marty Van Duyn Assistant City Manager Attachments: City Council Resolution of Approval Planning Commission Resolution of Approval Draft Conditions of Approval Planning Commission Staff Reports April -18, 2002 September 19, 2002 January 20, 2005 March 17, 2005 Minutes April 18,2002 September 19, 2002 January 20, 2005 March 17, 2005 Design Review Board Minutes March 19, 2002 Draft Housing Agreement Draft CC&Rs Mitigated Negative Declaration Plans --. By: -18- MINUTES' CITY COUNCIL CITY OF SOUTH SAN,FRANCISCO REGULAR lVIEETING' .j: . VVEDNESDAY, APRlL 27,2005 MUNICIP AL SERVICES BUILDING COMMUNITY ROOM 33 ARROYO DRIVE PUBLIC HEARING (Recess: 8:16 pm - 8:34 pm) 11. Consideration of Planning Commission's approval of Case No. P02-0020, mitigated negative declaration, reclassification from medium density zoning district (R - 2- H) to multi-family density residential (R-3-L), residential planned unit development, tentative subdivision map, design revie:w and a housing agreement including provisions for affordable housing on an 0.52 acre site, for the construction of a 2-story, eight unit condominium development, situated at 111 Chestnut Avenue; Owner and applicant: Best Designs .-. a) Resolution adopting the Mitigated Negative Declaration and approving a Planned Unit Development, a Tentative Subdivision Map, Design Review, and Affordable Housing Agreement related to 111 Ch~stnut Avenue REGULAR CITY COUNCIL MEETIl\fG lYIlNUTES -19- APRIL 27,2005 PAGE 3 b) Motion to waive reading and introduce an ordinance changing the zoning designation for 111 Chestnut from medium density zoning district (R-2-H) to multi-family density residential (R-3-L) Public hearing opened. Staff report presented by Chief Planner Sparks. JvIr. Simon Kwan, architect for the project, gave a visual presentation of the proposed development. Public hearing closed. Councilwoman Matsumoto asked for clarification on the purpose of the zoning amendment, which staff explained is to make the zoning consistent with the general plan (high density). She further questioned the parking ratio and staff responded that the proj ect is considered a condominium development, therefore it has a lower parking requirement per unit than" a townhouse development. Councilwoman Matsumoto discussed the building materials and landscaping with Mr. Kwan, which he explained will be more thoroughly detailed during the construction review phase." Staff indicated that the Design Review Board will also make an informal review of a more detailed and aggressive landscape plan. Councilman Garbarino stated his concern with the project and that the architectural design was institutional and not in harmony with the neighborhood. Councilman Gonzalez stated his concern ~egarding the design and that he would like to see the number of units reduced. He questioned if the homeowners association will enforce the rules regarding property owners using garages for parking vehicles and suggested fences be constructed of brick or stone, rather than wood. Councilmembers F ernekes stated his concerns regarding the design and that he would like to see something more comparable to the neighborhood. He questioned the " setbacks from the street, on-site circulation, and :fire equipment accessibility, which staff indicated was adequate and met city standards. Councilman Fernekes reiterated his concerns and that he was not comfortable with the contemporary design. Mayor Green verified that the end units will have tandem parking, and in response to his question regarding the inclusion of affordable units, staff stated that two affordable housing units will be located off-site in Willow Gardens. Mayor Green stated concerns regarding the design of the fire chimneys (pipes) and that the overall design is not what Council is striving for. He questioned if there will be a future widening of Chestnut Avenue, and staff stated it is not addressed in the general plan. Councilwoman Matsumoto commented that she liked the architectural design and had an appreciation for the detail, but it does not reflect South San Francisco. City Attorney Matias advised Council that the CC&R's will address concerns regarding vehicles parked inappropriately. He further advised Council on the issues to REGULAR CITY COUNCIL :MEETING APRIL 27,2005 MINUTES - 20 - PAGE 4 be considered, -including bringing the zoning code land use map into compliance with the general plan. After a brief discussion, Council agreed to move forward with adopting the ordinance. Motion-Femekes/Second-Garbarino: To waive reading and introduce an ordinance amending the zoning map to change the land use designation of 111 Chestnut Avenue from medium density district (R-2-H) to multi-family density residential (R-3-L) and adopt the mitigated negative declaration prepared for the proj ect. Unanimously approved by voice vote. Council members concurred that the best strategy is to form a subcommittee to work with the applicant on the architectural design. Councilman Gonzalez reiterated his concern that the design not look boxy and the project be reduced to seven units to obtain a better design. Mayor Green appointed Mayor Pro Tern Pernekes and Councilman Garbarino to the subcommittee. City Attorney Mattas advised Council that the subcommittee is to meet - with the applicant to develop a recommended revised design and to bring it back before Council. The applicant will still have the option to stay with the initial design and then Council will have to decide if it is willing to approve it or not. Motion-Gonzalez/Second-Femekes: Motion to establish a subcommittee of Mayor Pro Tern Pemekes and Councilman Garbarinp to meet with staff and the applicant to review design issues as articulated by Council in the meeting tonight and then have the project come back to the Council after the subcommittee meetings. Unanimously approved by voice vote. ADMINISTRATIVE BUSINESS 12. Personnel Changes: a) Resolution approving job specification and salary placement for newly developed Public Works Inspector classification b) Waive reading and introduce an ordinance amending SSFMC Chapter 3.12, adding Public Works Inspector Staff report presented by Human Resources Analyst Mercado. (No discussion.) Motion-GonzalezlSecond-Garbarino: To approve Resolution No. 41-2004, approving the job specification and salary placement for the newly developed public works inspector classification. Unanimously approved by voice vote. Motion-Femekes/Second-Matsumoto: To waive reading and introduce an ordinance amending Section 3.12.010 of the South San Francisco Municipal Code, Public Works Inspector. Unanimously approved by voice vote. REGULAR CITY COUNClL MEETll\fG APRIL 27, 2005 ::MJNUTES - 2 1 - PAGE 5 13. Report on "Every Fifteen Minutes Program" two day seminar at El Camino High School - Police Chief Raffaelli and Police COIporal Mike Rudis COIporal Rudis gave an overview of the program and presented a 20-minute video filmed specifically for El Camino High School students that addresses teens drinking and driving. He acknowledged those who participated in the production and stated that the program will be repeated for South San Francisco High School students next year. COUNC~CO~TYFORUM No report. ADJOURNMENT Being no further business, Mayor Green adjourned the meeting at 9:52 pm in solidarity with the family of Marco Chu, the l3-year old victim of an assault, and to remember him in thoughts and prayers. Submitted by: Approved: /s/ Sylvia M. Payne, City Clerk City of South San Francisco /s/ Raymond L. Green, Mayor City of South San Francisco REGULAR CITY COUNCIL MEETING MIl\IUTES -22- APRIL 27,2005 PAGE 6 DATE: TO: SUBJECT: Planning Commission taff Report April 18, 2002 Planning Commission Study Session of:" 1. Rezoning of the property at 111 Chestnut Avenue from Medium Density Residential Zoning District (R-2-H) to Multi-Family Residential Zoning District (R-3-L) in accordance with SSF.M:C Chapter 20.87. . - 2. Tentative S~bdivision Map allowing the subdivision creating ten parcels (10) in accordance with SSFMC Title 19. '3. Exc~ptions from the SSFIv.rC Title 19 allowing lots sizes less than 5,000 "sqp.are feet in accordance the SSFMC Title 19. 4. "Planned Unit Development allowing lot sizes smaller than the minimum requirement of 5,000 square feet and reduced setbacks, in accordance with SSFMC Chapter 20.78. 5. Housing Agreement restricting twenty percent (20%) of the nine units as affordable dwellings in accordance with SFMC Chapter 20.125. 6. "Design Review allowing for the construction a two-story nine (9) unit condominium development, situated at 111 Chestnut Avenue (APN"Oll-312-090) in the Medium Density (R-2-H) Zone District, '"in accordance with SSFMC Chapter 20.85. Owner and Applicant: Maoe Tjoe, Lila Tjoe & Rudy Sastra Case Nos.: RZ, SA, PUD, DR &lv.IND RECOIvIMENDATION: That the Planning Commission conduct a Study Session of the development proposal and " . offer comments. -23- Staff Report To: Planning Commission Subject: RZ, SA, POO, HA, DR & Iv.rND 111 Chestnut Avenue Apri118,2002 Page 2 of 4 BACKGROUND: The 0.523 acre site has been used as a single-family dwelling. The project includes demolition of the existing one-story dwelling and the construction of nine two to three-story residential condominiums. Two of the dwellings will be restricted as affordable units. Parldng will be provided on-site in individual unit garages and several open at-grade visitor parking spaces. The site will be landscaped and will provide decks attached to the Units. The site is adjacent to other dwellings including multi-family and the new Oak Farms town home development. The project site's General Plan land use designation, High Density Residential, allows multi- family development. The project generally complies with the General Plan goals and policies. The present zoning is Medium Density Residential (R-2-H), which does not allow the proposed density. The applicant is requesting to rezone the site from Medium Density Residential (R-2-H) to Multi-Family Residential (R-3-L) Zone District, consistent with the City's adopted General Plan. The minimum number of units required by the General Plan is nine (9) units. As part of the Planned Unit Development the project is requesting exceptions. are requested from lot area and setbacks and lot coverage to allow the riine (9) units to be on individual lots. Statistics regarding the individual buildings and lots are attached to this staff report. A Tentative Subdivision Map is proposed to divide the lot into ten (10) lots - for nine (9) dwellings and common area. Exceptions are requested from the City Subdivision requirements associated with the Planned Unit Development exceptions. The project will include two affordable dwelling units in accordance with the provisions of SSFMC Chapter 20.125. The applicant has met with the City Housing Division staff to discuss and initiate the Affordable Housing Agreement between the City and the applicant. The project will necessitate the demolition of a tum-of-the,;,century single-family dwelling, which according to the City Historic Building Survey, is not identified as either a Historic Resource or a Potential Historic Resource. Therefore, the project does not require review by the City's Historic Preservation Commission. Because the project involves a zone change the project will also be required to be reviewed by the City Council. The project has been determined by City staff to be incomplete in that the Tentative Subdivision Map is in preparation and the Design Review Board comments have required changes in the development. -24- Staff Report To: Planning Commission Subject: RZ, SA, POO, HA, DR & 1v.lND 111 Chestnut Avenue April 18 , 2002 Page 3 of 4 DESIGN REVIEW BOARD The project was reviewed by the Design Review Board at their meetings of March 19, 2002. At the meeting the Board Space the houses farther apart so that there is more space between each unit reduce the overall density of the' subdivision so that there is more usable open space, provide a sidewallc from the interior of the subdivision connecting out to the sidewalk along Chestnut Avenue, make the play areas/open spaces larger and more accessible, create more usable rear- yard space between the two units by bringing in the rear wall of the larger unit and cantilevering the second story out, remove plants from areas in between units as there is not enough light to feed them, consult a landscape architect to prepare a landscape plan for the entire site; provide more trees/ground cover in the interior of the subdivision, show where utility box/water meters will be located; integrate these into the design of the homes if they are to be attached to ,the units. The applicant has revised the plans to incorporate the Board's comments. However, not all of the plans were available to be included in the staff report. The applicant will provide a full set of plans at the meeting. 'DEVELOP:MENTSTANDARDS The building generally complies with current City development standards as displayed in the following table: DEVELOPIv.IENTSTANDARDS Total Site Area: 0.523 acres [22,800 SF] Density: R~ge: 18.1- 37.5 DulAc. Proposed: Height MaXimum: 50 FT Proposed: . Floor Area Ratio: Maximum: No Max Proposed: Lot Coverage Maximum: 65 % Propos~d: Landscaping: :Minimum: 10% Proposed: Automobile Parking :Minimum: 23 Proposed: Setbacks :Minimum Proposed Front 15 FT 15 FT (Chestnut) Side 5 FT 5 FT Rear 11.5 FT 10 FT -25- 19.1 DulAc. 35FT NA 47% % 23 Staff Report To: Planning Commission Subject: RZ, SA, POO, HA, DR & M:ND 111 Chestnut Avenue April 18, 2002 Page 4 of 4 Note: Individual lots vary in setbacks and lot coverage. ENVIRONMENTAL DOCUMENT City staff has determined that a Negative Declaration will be prepared for the project. Once completed the document will be circulated for public comment fora period of twenty (20) days. CONCLUSION: The construction of a nine (9) unit condominium is consistent with the City's General Plan and with the Rezoning, Planned Unit Development and Housing Agreement with all applicable requirements of the City's Zoning Ordinance. 'While the project is not complete, the Planning Commission should review the project and offer comments. ::1~~ Steve Carlson, Senior Planner Plans -26- DATE: TO: SUBJECT: Planning Commission Staff Report September 19, 2002 Planning Commissign Study Session of: 1. Rezoning of the property at 111 Chestnut Avenue from Medium Density Residential Zoning District (R-2- H) to Multi-Family Residential Zoning District (R-3-L) in accordance 'With SSFMC Chapter 20.87. 2. Tentative Subdivision Map allowing the subdivision creating eight (8) parcels and common area in accordance with SSFMC Title 19. 3. 'Exceptions from the SSFMC Title 19 allowing lots sizes less than 5,000 square feet in accordance the SSFMC Title 19. 4. Planned Unit Development allowing lot sizes smaller than the n:inimum requirement of 5,000 square feet and reduced setbacks, and parking at a rate of 2.25 spaces per dwelling unit instead of 4.25 spaces per dwelling unit, ~ accordance with SSFMC Chapter 20.78. 5. Housing Agreement restricting ~entypercent (20%) of the eight (8) units as affordable dwellings in accordance with SFMC ~apter-29 :125. 6. Design Review allowing for the construction a two-story eight (8) unit condominium development, situated at 111 ChestUut Avenue '(APN 011-312-090) in the Medium Density (R- 2- H) Zone District, in accordance with SSFMC Chapter 20.85. Owner and Applicant: Maoe Tjoe, Lila Tjoe & Rudy Sastra Case Nos.: RZ, SA, PUD, DR &l\1ND RECOMJ.\1ENDATION: That the Planning Commission conduct a Study Session of the development proposal and -27- Staff Report To: Planning Commission Subject: RZ, SA, PUD, HA, DR & M:ND 111 Chestnut Avenue September 19, 2002 Page 2 of 4 . . ---._-- ~. ----..---- - '_r",,_... . _ ..___..._____. .._.~ "'_....____..___,__.._. _'...'_h_ .______'...._.____.___._.___ R_._ _______._._ _... .___._._______.__~___ _.__.__._____._..__.,._ ._._ _._. . offer comments. BACKGROUND: The Planning Commission conducted a study session on April 18, 2002 and offered many comments including but not limited to the follo-wing: reduce the building height, eliminate the entry arbor or raise the height for emergency vehicle access, utilize pitched roofs rather than barrel vaults to improve the architectural compatibility with the existing neighboring dwellings, increase the landscaping, provide more open ar.eas, and increase the parking. Two neighbors attending the meeting offered similar comments. The applicant has revised the plans to incorporate the comments. The 0.523 acre site has been used as a single-family dwelling. The project includes demolition of the existing one-story dwelling and the construction of eight two to three-story residential condominiums. As many as two of the dwellings vvill be restricted as affordable units. Parking will be provided on-site in individual unit garages and several open at-grade visitor parking spaces. The site will be landscaped and 'Will provide decks attached to the units. 'IJle site is adjacent to other dwellings including multi-family and the new Oak Farms town home development. - The proj ect site's General Plan land use designation, High Density Residential, allows multi- family development. The proj ect generally complies 'With the General Plan goals and policies. The present zoning is Medium Density Residential (R-2-H), which does not allow the proposed density. The applicant is requesting to rezone the site from Medium Density Residential (R-2-H) to Multi-Family Residential (R-3-L) Zone District, consistent with the City's adopted General flm . As pal-t of the Planned Unit Development the proj ect is requesting exceptionS are requested from lot area and setbacks and lot coverage to allow the eight (8) units to be on individual lots. Statistics regarding the individual buildings and lots are attached to this staff report. A Tentative Subdivision Map is proposed to divide the lot into eight (8) lots and common area. Exceptions are requested from the City Subdivision requirements associated with the Planned Unit Development exceptions. The proj ect will include two affordable dwelling units in accordance with the provisions of SSFMC Chapter 20.125. The applicant has met 'With the City Housing Division staff to discuss and initiate the Affordable Housing Agreement between the City and the applicant. -28- Staff Report " To: Planning Commission Subject: RZ, SA, PUD, HA, DR &:MND 111 Chestnut Avenue September 19, 2002 Page 3 of 4 The project will necessitate the demolition ofa tum-of-the-century single-family dwelling, which according to the City Historic Building Survey, is not identified as either a Historic Resource or a Potential Historic Resource. Therefore, the project does not require review by the City's Historic Preservation Commission. Because the project involves a zone change the project will also be required to be reviewed by the City Council. DEVELOPMENT STANDARDS The building generally complies with current City development standards as displayed in the following table: . DEVELOP:MENTSTANDARDS Total Site Area: 0.523 acres [22,800 SF] Height Maximum; Floor Area Ratio: Maximum; Lot Coverage Maximum: Landscaping: lv.finim.um: Automobile Parking Townhome lv.finim.um: " 34 Multifamily lv.finim.um: Setbacks lv.finim.um "Front 15 FT ( Chesmut) Side " 5 FT Rear 11.5 FT 50FT Proposed: 35FT No Max Proposed: NA 65% Proposed: 40% 10% Proposed: 35% Proposed: 20 18 Proposed: 20 Proposed 15 FT 8FT 10FT Note: Individua1lots vary in setbacks and lot coverage. ENVIRONMENTAL DOCUMENT City staffhas determined that a Negative Declaration will be prepared for the project. Once completed the document "Will be circulated for public comment for a period of tw"enty (20) days. -29- Staff Report To: Planning Commission Subject: RZ, SA, PUD, HA, DR &:MND 111 Chestnut Avenue September 19, 2002 Page 4 of 4 CONCLUSION: The construction of a eight (8) unit condominium is consistent with the City's General Plan and with the Rezoning, Planned Unit Development and Housing Agreement with all applicable requirements of the City's Zoning Ordinance. The Planning Commission should review the project and offer comments. ~ .....". . /.- . - .. - ~'-- -te~e C son, Senior Planner Attachments: Plans ~ -30- DATE: TO: SUBJECT: Planning Commission Staff Report March 17,2005 Planning Commission 1. Rezoning of the property at 111 Chestnut Avenue from Medium Density Residential Zoning District (R~2-H) to Mu1ti~Family Residential Zoning District (R-3-L) in accordance with SSFMC Chapter 20.87. . 2. Tentative Subdivision Map allowing the subdivision creating eight (8) parcels and common area in accordance with SSFMC Title 19. 3. Exceptions from the SSFMC Title 19 allowing lots sizes less than 5,000 square feet and lots not fronting on a public right of way, in accordance the SSFMC Title 19. 4. Planned Unit Development allowing lot sizes smaller than the minimum requirement of 5,000 square feet and reduced minimum required setbacks, and parking at a rate of3 spaces per dwelling unit instead of 4.25 spaces per dwelling unit, in accordance with SSFMC Chapter 20.78. 5. Affordable Housing Agreement restricting twenty percent (20%) of the eight (8) units as affordable dwellings in accordance with SFMC Chapter 20.125. 6. Design Review allowing for the construction a two-story eight (8) unit condominium development, situated at 111 Chestnut Avenue (APN 011-312-090) in the Medium Density (R-2-H) Zone District, in accordance with SSFMC Chapter 20.85. Owner and Applicant: Best Designs Case No.: P02-0020 RECO:M:MENDATION: That the Planning Commission recommend that the City council approve 1.) Rezoning of the property at 111 Chestnut Avenue from Medium Density Residential Zoning District (R- -31- Staff Report To: Pla.nn.iD.g Commission Re: P02-0020 March 17, 2005 Page 2 of6 2-H) to Multi-Family Residential Zoning District (R-3-L) in accordance with SSFMC Chapter 20.87, 2.) Tentative Subdivision Map allowing the subdivision creating eight (8) parcels and common area in accordance with SSFMC Title 19, 3.) Exceptions from the SSFMC Title 19 allowing lots sizes less than 5,000 square feet and lots not fronting on a public right of way, in accordance the SSFMC Title 19, 4.) Planned Unit Development allowing lot sizes smaller than the minimum requirement of 5,000 square feet and reduced minimum required setbacks, and parking at a rate of 3 spaces per dwelling unit instead of 4.25 spaces per dwelling unit, in accordance with SSFMC Chapter 20.78, 5.) Affordable Housing Agreement restricting twenty percent (20%) of the eight (8) units as affordable dwellings in accordance with SFMC Chapter 20.125, and 6.) Design Review allowing for the construction a two-story eight (8) unit condominium development, situated at 111 Chestnut Avenue (APN 011-312~090) in the Medium Density (R-2-H) Zone District, in accordance with SSFMC Chapter 20.85, subject to making the required finings and adopting conditions of approval. BACKGROUND: At the January 20, 2005 Planning Commission meeting the Commissioners reviewed the proposed development and offered comments involving design compatibility, density, parking and access. The Commissioners established a subcommittee to meet with the applicant to resolve these issues. The Planning Commission Subcommittee met with the applicant on February 10, 2005 and offered several design suggestions. The applicant has revised the plans incorporating the comments. Project Overview The 0.523 acre site has been used as a single-family dwelling. The project includes the construction of eight two to three-story residential condominiums. As many as two of the dwellings will be restricted as affordable units. Parking will be provided on-site in individual unit garages and several open at-grade visitor parking spaces. The site will be landscaped and will provide decks attached to the units. The site is adjacent to other dwellings including multi-family and the new Oak Farms town home development. DISCUSSION The project site's General Plan land use designation, High Density Residential, allows multi- family development. The proj ect generally complies with the General Plan. goals and policies. The present zoning is Medium Density Residential (R-2-H), which does not allow the proposed density. The applicant is requesting to rezone the site from Medium Density Residential (R-2-H) -32- Staff Report To: Planning Commission Re: P02-0020 March 17, 2005 Page 3 of6 to Multi-Family Residential (R-3-l) Zone District, consistent with the City's adopted General Plan. As part of the Planned Unit Development the project is requesting exceptions are requested from lot area and setbacks and lot coverage to allow the eight (8) units to be on individual lots. Statistics regarding the individual buildings and lots are attached to this staff report. A Tentative Subdivision Map is proposed to divide the lot into eight (8) lots and common area. Exceptions are requested :Erom the City Subdivision requirements associated with the Planned Unit Development exceptions. The proj ect will include two affordable dwelling units in accordance with the provisions of . SSFMC Chapter 20.125. The applicant has met with the City Housing Division staff to discuss and initiate the Affordable Housing Agreement between the City and the applicant. Because the proj ect involves a zone change the proj ect will also be required to be reviewed by the City Council.. DE'~LOPMENTSTANDARDS The building generally complies with current City development standards as displayed in the following table: . DEVELOPMENT STANDARDS Total Site Area: 0.523 acres [22,800 SF] Height Maximum: 50FT Proposed: 35 FT Floor Area Ratio: Maximum: No Max Proposed: NA Lot Coverage Maximum: 65% Proposed: 40% . Landscaping: 1v.1inimum: 10% Proposed: 35% Automobile Parking Townhome 1v.1inimum: 34 Proposed: 24 Multifamily 1v.1inimum: 18 Proposed: . 24 Setbacks -33- Staff Report To: Planning Commission Re: P02-0020 March 17, 2005 Page 4 of6 Minimum Front 15 FT (Chesinut) Side 5 FT . Rear 11.5 FT Proposed 15FT 10FT 10FT Note: Individual lots vary in setbacks and lot coverage. The parking is proposed to provide 3 spaces per dwelling which exceeds the multifamily standard. The SSFMC Chapter 20.74 requires as much as 4.25 spaces for townhouse developments (2 garage spaces, 2 driveway apron spaces and 0.25 visitor parking spaces per dwelling). However, City staffis of the opinion that the 4.25 space requirement is predicated on large developments involving sufficient acreage to provide private streets ~d driveway aprons such as the newer portions of Terra bay, and many of the developments on "condo bill" (generally the west side of Sign Hill). For sman infill sites, without the opportunity to create private roadways and driveway aprons, such as 111 Ches1nut, 3 spaces per dwelling is an acceptable parking ratio. The applicant is proposing to reduce some of the minimum required side and rear setbacks for the individual lots although the overall development generally complies with the minimum , setbacks required for a multifamily buil~g - in this regard the front yard and side yards comply and the rear yard comes close to the 11.5 foot yard setback. Units will be provided with private yards and balconies and two play areas shared in common. Lot sizes are reduced in order that the town homes may be constructed on separate lots and sold separately. Common area is proposed and will consist of the shared driveway, the two play areas and the front yard landscaped areas. The common areas will be maintained by the homeowner's association established for the development ENVIRONMENTAL DOCUMENT City staffprepared and circulated for public comment a Mitigated Negative Declaration for a period of twenty (20) days from Apri14 to Aprl123, 2003, in accordance with the California Environmental Quality Act.N 0 substantive comments were received. The environmental document identified a couple of potential impacts including storm water runoff and construction activities. lVIitigation measures are proposed to reduce the identified impacts to less than a significant level. -34- Staff Report To: Planning Commission Re: P02-0020 March 17, 2005 Page 5 of6 CONCLUSION: The construction of an eight (8) unit condominium is consistent 'With the City's General Plan and 'With the Rezoning, Planned Unit Development and Housing Agreement 'With all applicable requirements of the City's Zoning and Subdivision Ordinances. The Planning Commission should recommend that the City Council approve the following: 1). Rezoning of the property at 111 Chestnut Avenue from Medium Density Residential Zoning District (R-2-H) to Multi-Family Residential Zoning District (R-3-L) in acc.ordance with SSFMC Chapter 20.87. . 2.) Tentative Subdivision Map allowing the subdivision creating eight (8) parcels and comm.on area in accordance 'With SSFMC Title 19. 3~) Exceptions from the SSFMC Title 19 allowing lots sizes less than 5,000 square feet and lots notfronting on a public right of way, in accordance the SSFMC Title 19. 4.) Planned Unit Development allowing lot sizes smaller than the minimum requirement of 5,000 square feet and reduced minimum required setbacks, and parking at a rate of 3 spaces per dwelling unit instead of 4.25 spaces per dwelling unit, in accordance 'With SSFMC Chapter 20.78. 5.) Housing Agreement restricting twenty percent (20%) of the eight (8) units as affordable dwellings in accordance with SFMC Chapter 20.125. 6). Design Review allowing for the construction a two-story eight (8) unit condominium development. Attachments: Draft Conditions of Approval Draft Resolution of Approval Planning Commission Staff Reports Apri118,2002 September 19, 2002 January 20, 2005 -35- Staff Report To: Planning Commission Re: P02-0020 March 17,2005 Page 6 of6 lv.fi.nutes Apri118, 2002 September 19, 2002 January 20,2005 Draft Design Review Board Minutes March 19, 2002 Draft Housing Agreement Draft CC&Rs Mitigated N egativeDeclaration Plans -36- lL Planning Commission Staff Report DATE: January 20,2005 TO: Planning Commission SUBJECT: 1. Rezoning of the property at 111 Chestnut Avenue from Medium Density Residential Zoning District (R-2-H) to Multi-Family Residential Zoning District (R-3-L) in accordance with SSFMC Chapter 20.87. 2. . Tentative Subdivision Map allowing the subdivision creating eight (8) parcels and common area in accordance with SSFMC Title 19. 3. Exceptions from the SSFMC Title 19 allowing lots sizes less than 5,000 square feet and lots not fronting on a public right of way, in accordance the SSFMC Title 19. 4. Planned Unit Development allowing lot sizes smaller than the minimum requirement of 5,000 square feet and reduced minimum. required setbacks, and parking at a rate of 2.25 spaces per dwelling unit instead of 4.25 spaces per dwelling unit, ill. accordance with SSFMC Chapter 20.78. 5. Housing Agreement restricting twenty percent (20%) of the eight (8) units as affordable dwellings in accordance with SFMC Chapter 20.125. 6. Design Review allowing for the construction a two-story eight (8) unit condominium development, situated at 111 Chestnut Avenue (APN 011-312-090) in the Medium Density (R-2-H) Zone District, in accordance with SSFMC Chapter 20.85. . Owner and Applicant: Maoe Tjoe, Lila Tjoe & Rudy Sastra Case Nos.: RZ, SA, PUD, DR & MND RECOM:1\1ENDATION: ", ~'" ',~ That the Planning Commission recommend that the City council approve 1). Rezoning of the property at 111 Chestnut Avenue from Medium Density Residential Zoning District (R- -37- Staff Report To: Planning CommissIon Re: P02-0020 January 20,2005 Page 2 of6 2-H) to Multi-Family Residential Zoning District (R-3-L) in accordance with SSFMC Chapter 20.87.2.) Tentative Subdivision Map allowing the subdivision creating eight (8) parcels and common area in accordance with SSFM:C Title 19. 3.) Exceptions from the SSFMC Title 19 allowing lots sizes less than 5,000 square feet and lots not fronting on a public right of way, in accordance the SSFMC Title 19, 4.) Planned Unit Development allowing lot sizes smaller than the minimum requirement of 5,000 square feet and reduced minimum required setbacks, and parking at a rate of 2.25 spaces per dwelling unit instead of 4.25 spaces per dwelling unit, in accordance with SSFMC Chapter 20.78, 5.) Housing Agreement restricting twenty percent (20%) of the eight (8) units as affordable dwellings in accordance with SFMC Chapter 20.125, and 6). Design Review allowing for the construction a two-story eight (8) unit condominium development, situated at 111 Chestnut Avenue (APN 011-312-090) in the Medium Density (R-2-H) Zone District, in accordance with SSFM:C Chapter 20.85, subject to making the required finings and adopting conditions of approval. BACKGROUND: Planning Commission Study Sessions The Planning Commission conducted study sessions on Apri118, and September 19, 2002. At the meetings the Commissioners offered many comments including, but not limited to, the following: reduce the building height, eliminate the entry arbor or raise the height for emergency vehicle access, utilize pitched roofs rather than barrel vaults to improve the architectural compatibility with the existing neighboring dwellings, increase the landscaping, provide more open areas, and increase the parking. Two neighbors attending the meeting offered similar comments. The applicant revised the plans to incorporate the comments. Project Ove71liew The 0.523 acre site has been used as a single-family dwelling. The project includes demolition of the existing one-story dwelling and the construction of eight two to three-story residential condominiums. As many as two of the dwellings will be restricted as affordable units. Parking will be provided on-site in individual unit garages and several open at-grade visitor parking spaces. The site will be landscaped and 'Will provide decks attached to the units. The site is adjacent to other dwellings including multi-family and the new Oak Farms town home development. -38- Staff Report To: Planning Commission Re: P02-0020 January 20,2005 Page 3 of6 DISCUSSION The project site's General Plan land use designation, High Density Residential, allows multi- family development. The proj ect generally complies with the General Plan goals and policies. The present zoning is Medium Density Residential (R-2-H), which does not allow the proposed density. The applicant is requesting to rezone the site from Medium Density Residential (R-2-H) to Multi-Family Residential (R-3-L) Zone District, consistent with the City's adopted General Plan. . As part of the Planned Unit Development the project is requesting exceptions are requested from lot area and setbacks and lot coverage to allow the eight (8) units to be on individual lots. Statistics regarding the individual buildings and lots are attached to ~s staff report. A Tentative Subdivision Map is proposed to divide the lot into eight (8) lots and common area. 'Exceptions ate requested from the City Subdivision requirements associated with the Planned Unit Development exceptions. 'The proj ect will include two affordable dwelling units in accordance with the provisions of SSFMC Chapter 20.125. The applicant has met with the City Housing Division staff to discuss and initiate the Affordable Housing Agreement between the City and the applicant. The proj ect will necessitate the demolition of a tum-of-the-century single-family dwelling, which according to the City Historic Building Survey, is not identified as, either a Historic Resource or a Potential Historic Resource. Therefore, the proj ect does not require review by the City's Historic Preservation Commission. Because the project involves a zone change the project will also be required to be reviewed by the City Council. -39- \--.---. Staff Report To: Planning Commission Re: P02-0020 January 20, 2005 Page 4 of6 DEVELOPMENT STANDARDS The building generally complies with current City development standards as displayed in the following table: DEVELOPMENT STANDARDS Total Site Area: Height Maximum: Floor Area Ratio: Maximum: 0.523 acres [22,800 SF] 50FT Proposed: 35 FT No Max Proposed: NA Lot Coverage Maximum: 65% Landscaping: 1v.finimum: - 10% Automobile Parking Townhome 1v.finimum: 34 Multifamily 1v.finimum: 18 Setbacks 1v.finimum Front 15 FT (Chestnut) Side 5 FT Rear 11.5 FT Proposed: 40% Proposed: 35% Proposed: 24 Proposed: 24 Proposed 15FT 10FT 10FT Note: Individual lots vary in setbacks and lot coverage. The parking is proposed to provide 2.25 spaces per dwelling which is consistent with the multifamily standard. The SSFMC Chapter 20.74 requires as much as 4.25 spaces for townhouse developments (2 garage spaces, 2 driveway apron spaces and 0.25 visitor parking spaces per dwelling). However, City staff is of the opinion that the 4.25 space requirement is predicated on large developments involving sufficient acreage to provide private streets and driveway aprons such as Terrabay, and many of the developments on "condo hill". For small infi1l sites, without the opportunity to create private roadways and driveway aprons, such as 11 ~ Chestnut, 2.25 spaces per dwelling is a practical and acbievable standard. The applicant has revised the plan to increase parking to 24 parking spaces or a ratio of 3 spaces per dwelling. -40- ;...---.- Staff Report To: Planning Commission Re: P02-0020 January 20, 2005 Page 5 of6 The applicant is proposing to reduce some of the minimum required side and rear setbacks for the individual lots although the overall development generally complies with the minimum setbacks required for a multifamily building - in this regard the front yard and side yards comply and the rear yard comes close to the 11.5 foot yard setback. Units will. be provided with private yards and balconies and two play areas shared in common. Lot sizes ate reduced in order that the to'Wll homes may be constructed on separate lots and sold separately. Common area is proposed and will consist of the shared driveway, the two play areas and the front yard landscaped areas. The common areas will be maintained by the homeo'Wller's association established for the development PUBLIC PARTICIPATION A neighborhood meeting was conducted on February 5,2003 at 6:30 P.M. and was attended by seven residents, the applicants, the project architect and a representative of the Planning Division staff. The proj ect architect reviewed the development history, the Planning Commission concerns and the revised plans. The residents expressed many concerns including d~ity, size of the proj ect, privacy, parking, rraffic, building height, and architectural details including but not limited to, window sizes, desks, fence, retaining walls and landscape screening. All of the issues were discussed at length. The architect and the residents discussed the privacy and design issues and developed a series of solutions. Regarding privacy, the architect agreed to install mature size rrees along the side and rear yards adj acent to the single family dwellings, increasing the perimeter fence height to 8 feet, reducing the size of the exterior upper story deck on unit 4 to 6 feet and utilizing a solid wall rather than an open rail and increasing the wall height, and reducing the size of some windows facing the adj acent properties so that they are not all view windows. The consensus of the residents was that the 8 units were acceptable with the design changes. These changes are reflected in the plans attached to this staff report. ENVIRONMENTAL DOCUl\1ENT City staff prepared and circulated for public comment a Mitigated Negative Declaration for a period of twenty (20) days from April 4 to April 23, 2003, in accordance with the California Environmental Quality Act. No substantive comments were received. The environmental document identified a couple of potential impacts including storm water runoff and. construction activities. Mitigation measures are proposed to reduce the identified impacts to less than a . significant level. -41- Staff Report To: Planning Commission Re: P02-0020 January 20, 2005 Page 6 of6 CONCLUSION: The construction of an eight (8) unit condominium is consistent with the City's General Plan and with the Rezoning, Planned Unit Development and Housing Agreement with all applicable requirements of the City's Zoning and Subdivision. Ordinances. The Planning Commission should recommend that the City Council approve the following: 1) .Rezoning of the property at 111 Chestnut Avenue from MediU1i1 Density Residential Zoning District (R-2-H) to Multi-Family Residential Zoning District (R-3-L) in accordance with SSFMC Chapter 20.87. 2.) Tentative Subdivision Map allowing the subdivision creating eight (8) parcels and common area in accordance with SSFMC Title 19. 3.) Exceptions from the SSFMC Title 19 allowing lots sizes less than 5,000 square feet and lots not fronting on a public right of way, in accordance the SSFMC Title 19. 4.) Planned Unit Development allowing lot sizes smaller than the minimum requirement of5,000 square feet and reduced minimum required setbacks, and parking at a rate of 2.25 spaces per dwelling unit instead of 4.25 spaces per dwelling ,unit, in accordance with SSFMC Chapter 20.78. 5.) Housing Agreement restricting tw'enty percent (20%) of the eight (8) units as affordable dwellings 1n accordance with SFMC Chapter 20.125. 6). Design Review allowing for the construction a two-stm.')' eight (8) unit condominium development. ~~~~~ Attachments: Draft Conditions of Approval Draft Resolution of Approval Pla.nn:i.ng Commission Staff Reports April 18,2002 September 19,2002 Minutes April 18, 2002 September 19, 2002 Draft Housing Agreement Mitigated Negative Declaration Plans -42- ~\\\. \.Q.~~ ~\V'\w~ Recess called at 9:03 p.m. Recalled to order at 9: 15 p.m. ~5. Study Session Maoe Tjoe, Lila Tjoe & Rudy Sastra-owner/appIicant 111 Chestnut A venne P02..0020 (RZ, SA, PUD, DR & :MND02-0020) Rezoning of the property at 111 Chestnut Avenue from Medium Density Residential Zoning District (ROo 2-H) t~ Multi-Family Residential Zoning District (R-3-L) in accordance with SSFMC Chapter 20.87. Tentative Subdivision Map allo'Wing the subdivision creating ten parcels (10) in accordance with SSFMC Title 19. Exceptions from the SSFMC Title 19 allowing lots sizes less than 5,000 square feet in accordance the SSFMC Title 19. Planned Unit Development allowing lot sizes smaller than the minimum requirement of 5,000 square feet and reduced setbacks, in accordance with SSFMC Chapter 20.78. Housing Agreement restricting twenty percent (20%) of the nine units as affordable dwellings in accordance with SFMC Chapter 20.125. Design Review allowing for the cons1ruction a two-story nine (9) unit condominium development, situated at 111 Chesmut Avenue (APN 011-312-090) in the Medium Density (R-2-R) Zone District, in accordance with SSFMC Chapter 20.85. Staff Report presented by Senior Planner Carlson. He noted that the project architect bas redesigned the development to incorporate the Design Review Board comments. TAPE 2 Simon K wan pointed out that one unit has been removed. and landscape has been upgraded as a response to the Design Review Board's comments. Robert La Rocca, La Rocca Architects, noted that the central driveway is to be the courtyard where activities can take place. They have developed canopy with shmbbery, lawn and ground covering at the ground entrance. The main entrance is a trellis that connects the two elevations together and will have vines. Public comments: Betty Ann Robinson Michael Winslow 105 Chestnut Avenue 908 Commercial CD The neighbors were concerned with their views being altered. CD They were concerned with traffic issues along Chestnut Avenue. In the past years it has been difficult to back out of driveways because this bas become a hectic street CD With the Chestnut widening there will not be parking allowed on the rested and wants to be taken care. Is concerned as to what is going in the area. The project does not look attractive. Is concerned about privacy issues. CD They felt that there was a privacy issue because of 3 story buildings looming over a one story home. CD This p!oj ect will not look aesthetically pleasing because it does not fit into the neighborhood. Public input session closed. Commission, staff and applicant discussion: CD Chairperson Meloni noted that there are no floor plans for the tmits. He asked how many bedrooms the units would have. There are only three guest parking spaces being provided and this will become an issue. He added that there is a privacy issue because the plans do not show the relation between the buildings and the adjoining properties. He questioned the height of the metal and redwood trellises on either side of the entrywayas well as the height of the trees. He pointed out that the drawing shows the trellis is going all the way to the end of the building. He concluded that the design presented is not J:\Finalized Minutes\2002\04-18-Q2 RPC.doc Page 4 of 7 -43- consistent with the neighborhood. Mr. Kwan noted that the units would be 3-4 bedrooms. The building is 35 feet high, the metal trellis is high enough to allow truck access and.the redwood trellis is 9 feet high. The trees will be limited to grow to 8 feet depending on the species. II. Vice Chairperson Romero stated that the district is R-l or R-2. The staff report indicates that it is an R-2 area. Vice Chairperson Romero pointed that the Commission has the flexibility to determine if it is appropriate with each project. Senior Planner Carlson noted that the zoning is currently R-2-H and is being changed to an R-3-L, high- density district. The project does not max. out the potential number of units. The General Plan intends that the high density and the area will be rezoned to an R-3 area. Chief Planner Sparks noted that the zoning area will be rezoned to R-3-L. II Commissioner Teglia noted that the Planning Commission envisioned medium density on Chestnut Avenue and high density in the Oak Farms area. He asked that access behind the site be explored. He urged the Commission not to allow the properties facing Chestnut to go higher than their current zoning. Commissioner Teglia also pointed out that the Planned Unit Development permit application should not be used to throw out all the standards. He asked why the lot is being subdivided into 10 lots and not being kept as one lot with condominiums, and if the applicant had taken into consideration the difficulty in accessing the site from Chestnut. Mr. K wan noted that planning staffhad advised them to keep lot 10 as a common space. The complex will have a Homeowners Association and fi?ey units will be sold individually. He added that there is access to the site from at the end of one of the adjacent properties. He did not see that there was any difficulty in getting into the site. He spoke to the Engineering Division and the Fire / Prevention Building Division regarding access to the site and they saw that there was no difficulty in access. He noted that this is the only scheme that can. be done for the lot dimension and they had to delete one unit in order to allow more the common grounds. II Commissioner Honan asked what the driveway apron is? She pointed that there will be two parking spaces per unit but there will not be room to park in front of the unit. Mr. Kwan noted that the garage door is 3 feet from the curb in addition to the 25 feet driveway. II Commissioner Meloni asked how the two cars going opposite ways would be able to enter or exit the site. Chairperson Meloni suggested that the applicant work on widening the entryway to the site. :Mr. K wan noted that there is 30 feet from the curb to the face of the building and it will be tight but can be done. II Commissioner Honan questioned if there would be a problem with emergency vehicles backing out of the property. She asked if there will be fencing around the play area. She suggested that a fence be put around the play area. Senior Planner Carlson noted that the Fire Department will not need to turn around on the site and the paramedic vehicle will be the only one that will be able to go into the site. There will be fire hydrants at units 3 or 7 to allow the Fire Department to put our a potential fire. :MI. Kwan noted that there will not be fencing around the play area and there will be a hedge that will act as a fence from the guest parking. D:\Finalized Minutes\2002\04-18-02 RPC.doc -44- Page 5 of 7 · Chairperson Meloni asked how high the retaining wall on the back of the property is. Mr. Kwan replied that it is about 3-4 feet high. · Commissioner Sim asked if the General Plan had envisioned this area to become an. urban corridor. Senior Planner Carlson noted that the vision was to take advantage of the vacant lots in the area to provide an opportunity for more housing units. · Commissioner D'Angelo stated that the pictures are a false representation of what is out on Chestnut' because it is on a slope and the plans reflect a flat surface. He added that he is against high density in South San Francisco and noted that not accepting the rezoning or PUD keeps the City as it should be. The neighbors are unhappy and the zoning should be kept the way it is and does not have to be changed. Three parking spaces in the area will not satisfy the parking needs. He added that he is not in support of the project. · Vice Cha.i1person Ochsenhirt agreed that the project is putting pressure on Chestnut and the immediate neighborhood when there are goals that need to be met, such as meeting the Housing Element 8D;d keeping the quality of life that the City has. He is not opposed at looking at a rezone of the areas and the Commission needs to be open to that idea. · Chairperson Romero pointed out that this type of architect!.n'e and design would be appropriate near the BART station, but jt does not fit on Chestnut Avenue. The lot is half an acre and 10 parcels with 9 units are being put into it. He suggested that the applicant go back and lighten the project to fit an R-2 zone, which would be 6 units. He also asked the applicant to have a meeting with the surrOtmding neighbors before returning to the Commission to get their feedback · Commissioner Teglia agreed with Commission comments. He suggested that the applicant look at the proj ect in context with the area, putting low density in front and high density in the rear. He asked that the applicant try to access the site from the back oithe lot and return with an appropriate project for the neighborhood.. Recess called at 10:08 p.rn. Recalled to order at 10:17 p.m. ADMlNISTRATIVE BUSINESS 6. Items from Staff · Chief Planner Sparks noted that project 101 would be returning to the Commission after some environmental issues are cleared up. He added that the Commission would have an informational overview on the zoning code update in the upcoming months. 7. Items from Commission · Commissioner D'Angelo asked for information on 300 units being proposed near BART. Chief Planner Sparks noted that theTOD calls for 300-350 units on the remainder parcels and mixed use. Commissioner DiAngelo asked what the number of units going in around the courthouse will be? Chief Planner Sparks noted that that area is still under review and final recommendations have not been made with regard to the number of units being proposed for development. Commissioner D'Angelo was :>:\Finalized Minutes\2002\04.18-D2 RPC.doc -45- Page 6 of 7 PLANNING CO:rv.rMISSION MINUTES _":) e:,e. '? ~\oe.c- \ l\ \ 2-~z... Approved October 3, 2002 on the traffic along Mission Road. He added that . e organization needs to look at other areas within the City. . erson Ochsenhirt thanked everyone for be' at the meeting and noted that his concerns were also parking. added that recently Council approved permit p for the Sunshine Gardens area and will all residents will wed to put stickers on their cars. ~erson Romero note t it is difficult to consider an application when pur ed by the applicant. He omes any reuse of the property but this is an' ppropriate use for it. He enco ed the applicant to find anotli cation. He asked that Assistant City Atto Johnson for clarification of the fin s because it seems that the Co Assistant City Atta ey Johnson deferred the explanation Sergeant Mike Newell no that after reviewing applicant's submi concluded that the parking is s lead to personal safety issues. He ted that there will be poor parldng and circ . on issues and this will caus accidents around the church due ingress and egress and foot 'traffic. He also n that although he had partially overlooked the conflicts of uping in front of church it is also a safety issue to flow of people and potential accidents. The Police Depa.rtrn also looked at close proximity to neighbors and oise impacts the Sunday W orsmp Services would have on th uiet time that the neighbors now have in the vicinity. Assistant City Attorney Johnson recommended that Commission continue the item to allow staff to incorporated public, staff and Commission comments in th Findings of Denial. Motion Te~'lia / Second D' An!!'elo to continue the item to October 3, 2002. Approved by unanimous voice vote. Recess ~en at 9:45 p.m. -10:00 9. Study Session Maoe Tjoe, Lila Tjoe & Rudy Sastra-owner/applicant 111 Chestnut Avenue UP 00-024, V AR 00-024, PTDM 00-024, DR 00-024 & MND 00-024 Rezoning of the property at 111 Chestnut Avenue from Medium Density Residential Zoning District (R-2-H) to Multi-Family Residential Zoning District (R-3-L) in accordance with SSFMC Chapter 20.87. Tentative Subdivision Map allowing the subdivision creating eight (8) parcels and common area in accordance with SSFMC Title 19. Exceptions from the SSFMC Title 19 allowing lots siZes less than 5,000 square feet in accordance the SSFMC Title 19. Planned_ Unit Development allowing lot sizes 'smaller than the minimum requirement of 5,000 square feet and reduced setbacks, and parking at a rate of 2.25 spaces per dwelling unit instead of 4.25 spaces per dwelling unit, in accordance with SSFMC Chapter 20.78. Housing Agreement restricting twenty percent (20%) of the eight (8) units as affordable dwellings in accordance with SFMC Chapter 20.125. Design Review allowing for the construction a two-story eight (8) unit condominium development, situated at 111 Chestnut Avenue (APN 011-312-090) in the Medium Density (R-2-H) Zone District, in accordance with SSFMC.Chapter 20.85. Senior Planner Carlson presented staff report. D:\Fmalized Mi.nut.es\2002\09-19-02 RPC.doc -46- Page 6 of 8 PLANNING COMMISSION MINUTES Approved October 3, 2002 Simon Kwan, project architect and applicant, noted that he bas reduced the number of dwelling to 8 units. He gave a PowerPoint presentation to show the SlJITounding one, two and three story buildings. Bob Rocha, landscape architect, spoke about the design and the landscaping for the proposed proj ect. Commissioner Teglia expressed appreciation for the applicant efforts on the project. He noted that the project needs a complete redraw. Although there are higher density projects in the area, Chesmut is a heavily traveled street and this type of development would cause 'traffic issues due to the lack of parking. The tower effect is not aesthetically pleasing. He added that there are too many bedrooms and not enough parking. He asked what could be put on the property .without any exceptions or a PUD. Mr. Carlson noted that a 14 unit apartment complex with at grade parking similar to 90 Oak Avenue apartments recently approved by the Planning Commission would fit the standards. Commissioner Sim noted that the applicant has improved the proj eat, but it still needed work on landscaping, the plaza, and other design details. Chairperson Romero noted that if the parking is being reduoed then the bedroom count should be reduced also. He added that he did not want to see parking flow out on the Chestnut and suggested creating smaller units and keeping the number at eight. He added that there are not driveway aprons and the play areas are near the driveways. Mr. Kwan agreed to work with the number of bedrooms and to protect the play area. Vice Chairperson Ochsenhirt added that there would be a better product by increasing the size of bedrooms. The current design with the tower effect gives the proj ect a cut-up look. The Planning Commission ~ s direction to the applicant was to reduce the number of bedrooms especially the 4 bedroom units, protect the play areas and to rea.rra.nge design with regard to towers. :MI. K wan welcomed the comments and noted that he would respond to them. ADMINISTRATIVE BUSINESS 10. Items from Staff Chief anner Sparks announced that Day In the Park w on Saturday the 21 st, the Citywide Garage Sale would on Saturday the 28th and the Boards and Commi . ons appreciation lUncheon would take place on the He added that ey are in the process of hiring a telecommunioations c ultant for a study that the subcommittee wanted conducte but negotiations are moving slowly. Staffhas been . d by Council to conduct a subcommittee mee' g with whatever information available. The subcommitte . be contacted within a week to schedule this mee 11. Items from Co d be out on a business trip until October 3, 2002 and would not be ending that meeting. He also asked that oubIe check that the Oakmont Vistas project is complying with the measures because there is a lot of d in the area as a result of the proj ect. ::hairperson Romero suggested that staff s ak to the appropriate entities to see if the road connecting El Camino J:\Fmalized Minutes\2002\09-19-02 RPC.doc -47- Page 7 of 8 , Planning Commission Meeting of January 20, 2005 Alfeo Silvestri, owner, noted that their business has been in South San Francisco for 15 years and wants to be able to reopen for business. He noted that there will be more parking created than is needed on his property because most of his employees bike to work. Public Hearing closed. Commissioner Sim asked if the vertical landscaping could be included as the landscape requirements. He asked if the applicant was willing to go with staff/s recommendation and pay the in-lieu fee. Mr. Mahar noted that they were in accordance with staff's recommendation. Senior Planner Carlson noted that some jurisdictions have considered similar standards such as tree canopies toward the landscape requirements but South San Francisco has not. Commissioner Giusti asked if the outside storage would be anchored. Mr. Mahar noted that they would be leveled and anchored for the worst-case scenario. Commissioner Zemke noted that there is congestion in the area and there is more parking needed. Motion Sim I Second Giusti to approve P04-0138: UP04-0037 & DR04-0080. Approved by unanimous voice vote. Recess called at 8:14 p.m. Recalled to order at 8:23 p.m. s. Charles K. Ng/applicant CharlesK. Ng/owner 111 Chestnut Ave. P02-0020: AHA02-0001, RZ-02-0002, SA02-0001, PUD02-0002 & ND02-0002 Rezoning of the property from Medium Density Residential (R-2-H) to High Density Residential (R-3-L), Tentative Subdivision Map allowing 8 parcels and common area, Planned Unit Development and Design Review allowing eight new dwelling units, smaller lots than the minimum requirement of 5,000 sq ft, reduced minimum required setback and a parking rate of 2.25 per dwelling unit, and an Affordable Housing Agreement for the property located at 111 Chestnut Avenue in the Medium Density Residential (R-2-H) Zoning District in accordance with SSFMC Title 19 and Chapters 20.78,20.85,20.87 & 20.125 Senior Planner Carlson presented the staff report. Simon Kwan, architect, noted that they have redesigned the project and took into consideration the concerns of the neighborhood. He gave a PowerPoint presentation with computer-simulated movie to show the Commission the design and architecture of the project. Public Hearing closed. There being no speakers the Public Hearing was closed. The Commission was concerned with the flat roofs. Mr. Kwan noted that there was a variation of flat and pitched roofs. Senior Planner Carlson noted that the Commission was previously concerned with the height of the structure and this is why the pitch was lowered in the new design. Vice Chairperson Teglia was concerned with the use of the Planned Unit Development application. Senior Planner Carlson noted that the site is designated high density residential in the General Plan and the developer could put up to 14 apartments on the site with less parking and a bulkier building. The developer has chosen to propose only 8 units and increase the parking on the site to 3 spaces per unit. He added that if the developer chose to return with 14 units there would not be a Planned Unit Development application on the site because they would not be asking for any exceptions. Vice Chairperson Teglia asked if a there could be a bedroom removed and therefore reduce the massing of the S:\Minutes\Finalized Minutes\200S\Ol-20-0S RPC.doc -48- Page 4 of 6 Planning Commission Meeting of January 20, 2005 project. Senior Planner Carlson noted that this was difficult because the ground floor is taken up by the parking spaces. Commissioner Honan noted that there is a lack of barrier in the play area and this could cause an accident if children went beyond the play area. Senior Planner Carlson noted that the Commission could include a Condition of Approval to have a fence. Commissioner Honan was not comfortable with the project design and felt it was square and boxy. Mr. Kwan noted that the previous design had more curved elements, which were not well received by the Commission. He noted that this was the reason for the straight-line approach. He added that they are exceeding the guest parking and if the Commission would like a larger play area some guest spaces could be removed. Commissioner Romero noted that there are two spaces parking per unit. He pointed out that there are no driveway aprons and there is limited street parking. He was concerned with cars parking in the common area or on City streets due to lack of parking spaces. Mr. Kwan noted that they have one parking space per bedroom as per previous discussions with the Commission at prior meetings and have 3 spaces per unit. Senior Planner Carlson noted that for town home development 4.25 is the required parking but for a small lot s infill development like this the parking requirement would be that of what an apartment building requirement of 2.25 spaces. He noted that this development is at 3spaces per unit. Vice Chairperson Teglia pointed out that the parking is going to be difficult because the City also had plans to eliminate the parking on one side of Chestnut. He asked what the Commission could do if the site was not rezoned from R-2 zoning to R-3. Senior Planner Carlson noted that the area has been rezoned on a project-by-project basis but the General Plan does not show a reduced density along the lot frontage of Chestnut. Commissioner Romero asked which document takes precedent if they are in conflict. Senior Planner Carlson noted that the General Plan because the zoning code is an implementation measure of the General Plan. Vice Chairperson Teglia noted that the project is out of character with the neighborhood. He pointed out that the project is better than what the Commission has seen in previous designs. He noted that the height and parking of the project are main consideration items. Senior Planner Carlson noted that the developer has to see if they can have 2 bedroom unit homes and this becomes a marketability issue. Commissioner Honan asked if the box like design could be changed because it does not fit in the neighborhood. Commissioner Sim asked that the architect show what he has done to the design to break the box like look. Mr. Kwan noted that the buildings in the area. Mr. Kwan noted that he buildings in the neighborhood are all plain. He added that he used a combination of gable and pitch roof to add some design to the buildings. He added that he prefers this proposal rather than a high-density project. Commissioner Honan asked that one of the full bathrooms be turned into a half bathroom to prevent too many people from living in the home. Mr. Kwan noted that this could be included into the Conditions of Approval. Robert La Rocha pointed out that the tiny tot lot is secluded from the front of the parking area with hedges. He added that a fence can be included if the Commission felt it was necessary. Commissioner Honan asked that the tot lot be redesigned. Commissioner Romero noted that units 4, 5 and 6 are nice but 2 and 3 appear to be miniature apartment buildings. He added that some improvements have been made to the design and pointed out that tandem parking can add the extra parking space. He noted that the design and parking need to be addressed by the applicant. Chief Planner Sparks noted that the Commission still has concerns on the project and asked if they could create a subcommittee to address some of the Commission1s issues. Chairperson Teglia appointed Commissioner Sim1 Commissioner Romero and himself to the 111 Chestnut subcom mittee. Motion Giusti I Second Zemke to continue the item off calendar. S:\Minutes\Finalized Minutes\200S\Ol-20-0S RPC.doc -49- Page 5 of 6 Planning Commission Meeting of March 17, 2005 Commissioner Honan asked what the action of the Parking Place Commission was on the application. Principal Planner Kalkin noted that the Commission reviewed the area and granted the parking exception with the determination that the adjacent lots could absorb the 35 parking spaces needed. Mr. Jones added that 520/0 of their business is before 10 a.m. Mr. Kelly pointed out that 70% of his business in the East of 101 location is in the morning. Commissioner Romero was concerned with the security in the outdoor seating area and with potential parking and traffic issues on Grand Avenue. Vice Chairperson Zemke echoed Commissioner Romero's concerns. Chairperson Teglia noted that the Commission was having concerns with the oversaturation of coffee shops in the downtown. Assistant City Attorney Johnson noted that this site is in the Downtown Redevelopment Plan Area and therefore the concerns stated by the Commission have been addressed through the redevelopment plan. If the Commission felt that they would not approve the project staff would have to review the plan to conform the findings for denial of the project. . Commissioner Romero noted that General Plan Goal 3.1 encourages development of pedestrian friendly businesses and this does not seem to be pedestrian friendly. Commission.er Honan noted that there is not another place on Grand Avenue that Starbucks will fit and noted that the project can be reviewed in 6-months and if it poses a problem during those six months the Commission can take further action. Commissioner Prouty felt that the project may help the local businesses by bringing additional shoppers to the a rea. Chairperson Teglia asked if the alley.could accommodate angled parking. Principal Planner Kalkin noted that angled parking cannot be accommodated on the site per the zoning requirements. Commissioner Honan questioned how double parking can be controlled. Sergeant Normandy noted that there are 2 Parking Enforcement Officers assigned to the area that monitor it and give citations as necessary. Motion Sim I Second Giusti to approve P05-0012: UP05-0003 & DR05-0010. Ayes: Commissioner Giusti, Commissioner Honan, Commissioner Prouty, Commissioner Sim Noes: Commissioner Romero, Vice Chairperson Zemke and Chairperson Teglia No one was absent and no one abstained. Approved by majority roll call vote. 3. Charles K. Ngl applicant Charles K. Ng/owner 111 Chestnut Ave. P02-0020: AHA02-0001, RZ-02-0002, SA02-0001, PU002-0002 &. N002-0002 Rezoning of the property from Medium Density Residential (R-2-H) to High Density Residential (R-3-L), Tentative Subdivision Map allowing 8 parcels and common area, Planned Unit Development and Design Review allowing eight new dwelling units, smaller lots than the minimum requirement of 5,000 sq ft, reduced minimum required setback and a parking rate of 3 per dwelling unit, and an Affordable Housing Agreement for the property located at 111 Chestnut Avenue in the Medium Density Residential (R-2-H) Zoning District in accordance with SSFMC Title 19 and Chapters 20.78, 20.85, 20.87 & 20.125 Senior Planner Carlson presented the Staff Report. Simon Kwan, Architect, gave a history of the various changes to the plans and the meetings held with the Planning Commission, Design Review Board and the neighborhood. He added that they responded to the Commission's and the neighbors concerns. He added that they added full-grown trees to screen buildings, they also added a metal fence to screen guest parking from play areas, and other design elements to the buildings. He noted that they modified the ground floor level bathroom to be a V2 bathroom and in some units took out the bathroom. Public Hearing opened. There being no speakers the Public Hearing was closed. S: \MLv\'utes \FLIA,Cl LLzecl MLlA,utes \:2005\03-irOS R."pC. cloc -50- "PClge 3 of 5 Planning Commission Meeting of March 17, 2005 Subcommittee Report Commissioner Romero mentioned that the subcommittee tried to find a way of eliminating the boxy look and break up the roofline. He felt that the final design showed all the comments given by the Commission and subcommittee. Chairperson Teglia noted that they were concerned with the presence on Chestnut and the applicant added balconies, windows and extended the overhangs. Commission Comments Commissioner Prouty noted that he has reviewed all the information provided at previous meetings and has reviewed the minutes of meetings this item has been discussed and is comfortable with making a decision on the proposal. He pointed out that he liked the 4 in 12 pitch on the roofs but on units 1 and 8 there is not enough slope and appear to be flat. He felt that the roofs should fit in with the surrounding neighborhoods. He noted that he could support the project if units 1 and 8 have a 4 in 12 roof pitch otherwise, he could not support the project. Mr. Kwan noted that he tried to keep a low profile on the front of the site but noted that from an architectural point of view the roof pitch can be altered. Vice Chairperson Zemke and Chairperson Teglia concurred with making the roof pitch because it would hide the building mass in the back. Commissioner Honan asked if the play area's metal fence would be landscaped. Chairperson Teglia noted that the subcommittee felt that they wanted a fence that would allow for parents to monitor their children while they are playing and at the same time protect the play area from cars. Commissioner Prouty noted that he walked the neighborhood and noted that one of the neighbors was concerned with privacy and suggested that there be a sound barrier, such as a 10 foot tall fence surrounding the project. Mr. Kwan noted that this would be a massive fence and resolved that they would have full grown trees provide a natural buffer between the properties. Commissioner Prouty asked if the Homeowners Association would maintain the landscaping. He also pointed out that the Association fees are too low to allow for the landscaping to be maintained and that the fee should be increased in the CC&Rs. Assistant City Attorney Johnson noted that the CC&Rs before the Commission are not the final documents. She pointed out the final CC&Rs will be approved by the Council and any modifications would be made then. Motion Sim / Romero approve resolution #2641-2005 recommending that the City Council approve the proposed project with the additional suggestions of including a 4 and 12 pitched roof for homes 1 and 8, and exploring the possibility of adding a fence to the proposal. Commissioner Romero added that the fence and the design be discussed with the adjacent property owners. Assistant City Attorney Johnson noted that this could be an additional Condition of approval that the developer meet with the adjacent property owners and give their consent for the fence to be installed and then return to the . Commission in 6 months. Commissioner Sim and Commissioner Romero concurred with Assistant City Attorney Johnson in adding the' Condition of Approval to the recommendation for approval. Approved by unanimous voice vote. Chairperson Teglia asked that the final redesign for the roof be forwarded to the Commission. ADMINISTRATIVE BUSINESS ITEMS FROM STAFF ... Planning Commission update on laws, regulations, and procedures. Chief Planner Sparks asked the Commission to continue the item due to the hour. Motion Prouty Second Sim to continue the item to April 7, 2005. s: \Ml.V1-l-<.tes \Fl.V1-1il Ll.zeo{ M!.V1-l-<.tes\2D05\o3-1. .:r-os RPC.. c;{oc -51- 'Page "'I- of 5 7. Frank Diokno-owner/appIicant Vista Court Pr .ectNumber: POl-. Parcel Map, Modifica' of a PUD and Design Review allowin lot split and new smgle-f1 . dwelling unit in the Sin Family Residential Zoning DIstrict. (Case Plann . Steve Carlson) The Board had the ollo-wing comments: I, Change the front trY to a less grandiose~ single-sto other homes on the s et. 2. Raise the view terrace be . d the house to be flush with the wer floor of the house to help reduce the overall hei f the rear elevation. 3.. Change the roof end on the righ 'de of the front elevation from a g Ie end to. a hip. 4. Plant trees and ground cover suitable r erosion control on the slope be w the house. Consult landscape architect or horticul . st to determine which species wo e most suitable and effective. 5. Reduce the overall size of the house so that it is closer in size to the other homes in the neighborhood. Please revise the plans and resubmit them to the Planning Division for further review by the Design Review Board. 8. Maoe Kian Tjoe-appIicant 111 Chestnut Avenue Project Number: P02-0020 Zone Change from Medium Density Residential to High Density Residential, Tentative' Subdivision Map a11o'Wing an II-lot residential subdivision, Planned Unit Development and Design Review of 10 dwelling units :in the Mediu:rp. Density Residential Zoning District. (Case Planner: Steve Carlson) The Board had the following comments: 1. Space the houses farther apart so that there is more space between each unit. 2. Reduce the overall density of the subdivision so that there is more usable open space. 3. Provide a sidewalk from the interior of the subdivision connecting out to the sidewalk along Chestnut Avenue. 4. Make play areas/open spaces larger and more accessible. 5. Create more usable rear-yard space between the two units by bringing in the rear wall of the larger unit and cantilevering the second story out. 6. Remove plants'from areas in between units as'there is not enough light to feed them. 7. Consult a landscape architect to prepare a landscape plan for the entire site; provide more trees/ground cover in the interior - 5 2 - subdivision. DRB Minutes March 19,2002 Page 4 8. Examine options ofhomeO'wllers keeping trash/recycling in their garages or providing one centralized trash dumpster/recycling bin location somewhere on site. 9. Show where utility box/water meters will be located; integrate these into the design of the homes if they are to be attached to the units. Please revise the plans and resubmit them to the Planning Division for further review by the Design Review Board. 10. 11.' \ R~vi~i to the color scheme of an . ~on to an existing bank in the Ret\", Commercial Zoning DIStr'iCt.\ " The board \proved oftbis design and ~~\~tiOnal co=ents,' \ .. MISCELL~OUS ITEMS: \\\ Alfredo & Lo~ores-owner \ Sandra B. Jimen~appJicant ~ '\ 653 Chestnut AvenS ' \, " P02-0003 . \\ "'\ \ , V ariance to comtruct a se ond dwelling unit "Within the requireo. rear yard setback in the S~'g1e Family Residential Zoning ~trict. ''-'" '\ The Board reviewed the latest. ~ featuring a garage adc?-tion that '~'c1:qacheS into the required front yard setback. The Board rec'Q,mmended that the applicant reconfigure<tp.e garage and carport so that they not would encroach int()~y of the required setbacks. The applic&1;Uook their recommendations into consideration ~d will confer:with her clients before proceeding. "~ Liberty Bank-owner . E ene Hu, Architect-a 50 Linden Avenue ProJ ct Number: POI-0007 Respectfully Submitted, Steve Kowalski. Associate Planner -53- ATTENTION: TillS AGREEMENT IS A DRAFT AND IS BEING PROVIDED BY THE CITY om Y FOR REVIEW AND C01v.l1\1ENT, IT IS NOT AN APPROVAL OR OFFICIAL DECLARATION OF THE CITY'S INTENTIONS RBGARDlNG THE PROJECTS :MENTIONED HERElN; ANY NUMBERS AND CONDITIONS CONTAINED ThY THIS AGREEMENT ARE SUBJECT TO CHANGE. RECORDlNG REQUESTED BY: DEP ARTMENT OF ECONOMIC AND CO:MJ\t1UNITY DEVELOPMENT CITY OF SOUTH SAN FRANCISCO 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA 94080 WHEN RECORDED MAIL TO: DEPARTMENT OF ECONOMIC AND CO:M::M1JNITY DEVELOPMENT CITY'OF SOUTH ~AN FRANCISCO 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA 94080 Documentary Transfer Tax $ EXE:MPT County of San Mateo City of South San Francisco ~ Right of Way Agent AFFORDABLE HOUSING AGREE:MENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND [insert name] This Affordable Housing Agreement (this "Agreement") is entered into this day of _, 2004, by and between the City of South San Francisco ("City"), and [insert name] (''Developer'') as a condition of approval of the development of that certain real property in South San Francisco, California more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the ''Project Property"). RECITALS WHEREAS, Chapter 20.125 of the South San Francisco Municipal Code sets forth the requirements for Inclusionary Housing ("Inclusionary Housing Ordinance"); and -54- YVHEREAS, the Developer is planning to construct houses on the Proj ect PropertY (the "Project") and has submitted a site . development plan for the Project; and YVHER;EAS, 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 YVHEREAS, 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 YVHEREAS, the City has reviewed the Proj ect and determined that the construction of below market rate units on the site of the Project Property would be infeasible in light of the proj ect size and site constraints and agreed that providing the below market rate rental units offsite will be sufficient to meet the requirements of the Inclusionary Housing Ordinance; and YVHERBAS, the Inclusionary Housing Ordinance requires the Developer's plans and the City's conditions regarding inc1usionary housing be set forth in an Affordable Housing Agreement; and YVHERBAS, this Agreement is required as a condition of future discretionary permits for development of the Proj ect Property and shall be recorded against the Proj ect Property. NOW THEREFORE, the City and the Developer agree as follows: AGREElVIENT 1. As a condition of developing and constructing eight (8) dwelling units on the Proj ect Property, Developer shall provide two (2) Below Market Rate Units which Bhall be affordable to households at fifty percent (50%) of unadjusted median-income in San Mateo County as published annually by the Department of Housing and Urban Development. 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. 2. The parties aclmowledge and agree that the monthly rent payable by a tenant for a off-site Below Market Rate Unit shall be detennined in accordance -yvith the unadiusted 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 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. However, in no event shall a below market rate tenant be required to pay rent greater than ninety percent (90%) of the market rate rent for such unit. 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 11arket Rate Units Developer is obligated to provide in Section 1 above. -55- 3. The offsite Below Market Rate Units shall be located within 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 emplo-,yment opportunities, urban services and transportation facilities. 4. Building permits on the Project Property shali be issued only after (i) Developer has obtained ownership of the Below Market Rate Units in the Willow Gardens Planned Urnt Development, (ii) this Agreement and the Rent Restrictions have been recorded against the .1 Below Market Rate Units, (iii) this Agreement has been recorded against the Proj ect Property, and (iv) Developer has submitted an application for a building permit and complete plans for the Project Property and the Below Market Rate Units and such plans have been approved by the City. The City aclrnpwledges and agrees that it will process the building permits for the Project Property prior to such conditions being satisfied. Upon transfer of Developer's rights 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 19 herein, the building permits for the Project Property shall be issued only upon satisfaction of the above conditions. 5. The Below Market Rate Units shall remain restricted and affordable to the income groups 'designated in Section 1 above for a period offifty-five (55) years, which period commences on the date the Below Market Rate Units are placed in service at the eligible income levels. ' 6. This Agreement shall be recorded against the Project Properly and all Below Market Rate 'Units. On and after the date that the offoite BeloVi-T 1{arket Rate Units nre transferred to a third party in acoordance vrith S eotion 19 herein, the Rent Restrictions have been recorded against the Below Market Rate Units and the Below Market Rate Units satisfy the minimum habitability standards set forth in Exhibit B attached hereto and are occupied bv income eligible Tenants this Agreement shall have no further force or effect in connection with the Proj ect Property and thereafter at Developer's written request, the City shall provide Developer with a letter (or a recordable document if so requested by Developer) stating that all obligations and conditions under this Agreement related to the Proj ect Property have been fully and completely satisfied, within thirty (30) days of such written request. 7. The off site Below Market Rate Units shall meet minimum below market rate affordability and habitability standards. Said 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 rights 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 19 herein. such transferee shall be responsible for maintaining such below market rate affordability and habitability standards. 8. Developer 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 of a transfer of Developer' s rights in the Below Market Rate Units and/or a transfer of Developer's rights and obligations under this Agreement in either -56- case. to a third party in accordance with Section 19 herein. such transferee shall be responsible for maintaining the Below Market Rate Units in conformance with Exhibit C and Developer shall be released from this responsibility. 9. If the Below Market Rate unit are sold in whole or in part, whether to a not-for-profit or other private party, 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 offifty-five (55) years. The term shall begin the date the Below Market Rate Unit are sold in whole or in part and shall apply to all subsequent buyers. 10. In the event Below Market Rate Units are sold as individual units, the sale price of the units shall be restricted such that the Below Market Rate Units are restricted and affordable to the income groups designated in Section 1 Developer shall work with the City and/or the City's First Time Homebuyer Administrator to identify and qualify a eligible buyers for said Units. At the time of sale Developer shall pay an administrative fee to reimburse the City for all administrative /processing costs and fees incurred in processing the sale of the Below Market Rate Units, which may include First Time Homebuyer Administrator fees and costs, legal and processing fees for First Time Homebuyer loans by the City to eligible buyers. . 11. Developer and subsequent buyers shall provide City, or its assigned, a first right of refusal to purchase Below Market Rate Units if any of the indi'-;idual units are offered for sale as individual units at any point during the fifty-five (55) year affordability period. The right of first refusal to purchase the Below Market Rate Units shall be submitted in writing to the Director of the Deparbnent of Economic and Community Development. Within thirty (30) days of its receipt, the City shall indicate its intent to exercise the first right of refusal for the pmpose of providing affordable housing and close escrow within ninety (90) days. [.Kim in addition to right of first refusal mentioned :above. ~e.aiso :ne~d to. indicate .weWill be recording a new 55 year restrictionregardlessofwhobuvs mdlviduaLlIDitsl If Developer or any subsequent purchaser as provided in this Section. sells any Below Market Rate Unit as an individual unit before the fifty- five (55) year rental restriction period ends. the City shall record a Resale Restriction and a right of first refusal with a term of fifty-five (55) years from the date of recordation. against said Unite s) upon the close of escrow for said Unite s). so that said Unite s) shall remain affordable to subsequent income eligible buyers for a term of fifty-five (55) years. Notwithstanding 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 fifty-five (55) year resale restriction and right of first refusal upon individual units shall not apply. 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 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. -57- 13. Developer shall pay' an administrative fee to reimburse the City for all administrative/processing costs and fees incurred in processing this affordable housing plan (which may include attorney's fees and cost), and implementing the requirements of the Inc1usionary Housing Ordinance vvith respect to the Proj ect Property (collectively, the "Administrative Fee"). Said Administrative Fee may be waived, at the City's discretion, in order to ftuiher the goal of providing affordable housing. 14. 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. The Director of Economic and Community Development shall have sole discretion in determining what constitutes a material amendment to this Agreement. 15. 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. 16. If a party to this Agreement brings any action, including an action for declaratory relie:f, 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. 17. 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. 18. 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: Developer: City: City of South San Francisco - City Clerk 400 Grand Avenue South San Francisco, CA 94080 19. Subject to Section 1 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 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 Developer. As a condition precedent to any such transfer, Developer 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 th~ transferee. Such written -58- aclmowledgement shall include a list of the outstanding obligations under this Agreement and identify the responsible party for completion of each such outstanding obligation. 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. Any transfer which does not comply with the requirements oftbis Section shall not release the Developer from its obligations to the City under this Agreement. 20. 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. 21. Either party may, from time to time, deliver written notice to the other party requesting written certification that, to the lmowledge 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 (ill) the requesting party is in compliance with this Agreement and the Rent or Resale 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 (30) days after receipt thereof. The City Manager shall have the right to execute the certificates requested by Developer hereunder. The City aclmowledges that a certificate hereunder may be relied upon by a transferee and! or mortgagee of Developer . IN WITNESS THEREOF, the parties have executed this Agreement as of the date first written above. DEVELOPER: CITY : CITY OF SOUTH SAN FRANCISCO By: Name: Title: Michael A. Wilson, City Manager APPROVED AS TO FORM: Steven T.. Matias, City Attorney -59- EXHIBIT A "PROJECT PROPERTY DESCRIPTION" -60- EXHIBIT B Minimum Habitability Standards Below Market Rate Units shall meet minimum 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 proj ect 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 wQrking 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 free from debris, rodents and vermm; · 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's the tenant's responsibility to buy and install 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 developer 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. -61- EXHIBIT C Rental Conditions for Below Market Rate Units 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 Developer 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 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 in accordance with the provisions of the Inclusionary Housing Ordinance, Chapter 20.125 of the South San Francisco Municipal Code. 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 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 certifications are due to the City. 2. Developer 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 Unites) 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 andJor reconstruction work on the Below Market Rate Units, Developer 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 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 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 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 median income, whichever is lower unless raising such rent would exceed 90% of the market rate rent for such unit. 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 -62- 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 maximum 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 failing to pay rent. 7. The parties aclmowledge and agree that in the event Developer is not allowed to evict a Tenant because of the conditions described in Paragraph 2 and/or Paragraph 6 of this Exhibit, (itDeveloper 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 Dfthe Affordable Housing Agreement, such Tenant shall be deemed an income eligible Tenant, unl,ess both the applicable time periods set forth therein have expired and thereafter, Developer is not using commercially reasonable effort to evict such Tenant. -63- When recorded mail to: Jack Wholey, Esq. 250 Montgomery Street, Suite 1100 San Francisco, CA 9404 R E C E IV E 0 SEP 1 0 2004 PLANNING A. P. No. 011-312-090 DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS "'. OF 111 CHESTNUT AVENUE, A PLANNED DEVELOPMENT -64- SEPTEMBER 1, 2004 TABLE OF CONTENTS DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS OF 111 CHESTNUT AVENUE, A PLANNED DEVELOPMENT << Table of Contents will generate here >> "".",.. -65- -i- SEPTEMBER 1, 2004 DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS OF 111 CHESTNUT AVENUE, A PLANNED DEVELOPMENT THIS DECLARATION is made on the date hereinafter set forth by UNITED NGS LIMITED PARTNERSHIP, a California Limited Partnershipi and CHARLES NG ~nd JUDY NG, husband and wife, collectively referred to herein as "Declarant." Declarant is the owner of that certain real property located in the City of South San Francisco, County of 'San Mateo, State of California, more particularly described as all of the real property located within the boundaries as shown on the subdivision map entit.led "Map for Residential Subdivision, 111 Chestnut Avenue~ a Planned Development", which Map was recorded in the Office of the Recorder of the County of San Mateo, State of California, on ,200 ~n Book of Maps, Pages through , inclusive. .,..... Declaraift---rric'erids to establish a pla.nnea.- --'development consisting of eight (8) Lots and the Common Area under the provisions of the Davis-Stirling Common Interest Development Act, providing for separate title to each Lot within the Project, each Lot to have as an appurtenance to it a membership in the 111 Chestnut Avenue Homeowners Association, a California nonprofit mutual benefit corporation, which shall own the Common Area, as defined in this Declaration. The entire development shall be referred to herein as the Project. Declarant intends by this document to impose upon the Property mutually beneficial restrictions under a general plan of improvement for the benefit of all Owners of Lots. N:OW,_ TH~REFOREl Decl~ral1t hereby est~plJ.s4es tl].~t. tD~ Property hereinafter described shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied~ sold and improved, subj ect to the following declarations I limitations I covenants, conditions I restrictions and easements, all of which are imposed as equitable servitudes, pursuant to a general plan for the development of the PropertYI for the purposes of enhancing and protecting the value and attractiveness of the Property. All of the limitations, covenants I conditions I restrictions and easements -66- sha).l constitute covenants which shall run with the land and shall be binding upon Declarant and the successors and assigns of Declarant and all parties having or acquiring any right, title or interest in or to any part of the Property or the Project. ARTICLE I DEFINITIONS Section 1.1 "Articles" Shall mean and refer to the Articles of Association of the Association, as amended from time to time. Section 1.2 "Assessments" Shall mean Regular Assessments and/or Special Assessments which are a portion of the cost of maintaining, repairing, improving, operating and managing the Property, or which are imposed to bring an Owner and his Lot into compliance with the Project Documents', and which are to be paid by Owners as determined by the Association. .Section 1.3 "Association" Shall mean and refer to the 111 Chestnut Avenue Homeowners Association, an unincorporated association, the Members of which shall be Owners of Lots in the Project. Sect ion 1. 4 "Board" or "Boar'cl'\'of Di rectors" Shall mean and refer to the governing body of-the _.Association. Section 1.5 IIBvlaws" Shall mean or refer to the Bylaws of the Association, as amended from time to time. Section 1.6 "Common Area II Shall mean and refer to those portions of .the Property and all improvements thereon owned in fee title by the Association for the common use and enjoyment of all Owners of a Lot or Lots and described as Parcel A on the Map. Said Common Area shall be conveyed in fee by Declarant to the Association prior to or simultaneously with the recording of the conveyance of the first Lot to an Owner. Section 1.7 "Common Expenses" Means and includes the actual and estimated expenses of operating the Property and any reasonable reserve. for such purposes, as found and determined by the Boardi and all sums designated common e~penses by or pursuant to the Project Documents. Section 1.8 IIDeclarantll Shall mean and refer to UNITED NGS LIMITED PARTNERSHIP, a California Limited Partnershipi and CHARLES NG and JUDY NG/ husband and wife, together with their successors and assigns/ provided: -67- (a) Such successors and assigns acquire five (5) or more Lots for the purpose of resale to others, and (b) successor(s) Project. Declarant has expressly assigned to such its rights and duties to all or a portion of the Section 1.9 "Declaration" enabling Declaration. Shall mean and refer to this Section 1.10 "Eligible Insurer or Guarantor" Shall mean and refer to an insurer or governmental guarantor of a first mortgage who has reciuested notice of certain matters from the Association in accordance with Section 8.6(g). Section 1.11 IlElioible Mortoaoee" Shall mean and refer to a first mortgagee who has requested notice of certain matters from the Association in accordance with Section 8.6(g). Section 1.12 HExclusi ve Use Common Area" Shall mean and refer to those portions of the Common Area, if any, set aside"for the exclusive use of a Lot Owner or Owners, pursuant to Article II, Section 2.7, and shall constitute "exclusive use common area" with~n the meaning of California Civil Code Section 1351(i). 'Section 1.13 "Institutional Lender" Shall mean any bank, savings and loan association, insurance company, or other financial institution holding a recorded mortgage on any Lot. Section 1.14 "Lot" Shall mean and refer to any plot of land, together wi th any improvements thereon, shown upon the recorded Map, as defined herein or any subsequently recorded subdivision map, with the exception of those areas defined as Common Area on the Map or on any subsequently recorded subdivision map. Section 1.15 "Lot Desionation" Means the number, letter or combination thereof or other official designations shown on the Map. Section 1.16 "Map" Shall mean that subdivision map entitled "Map for Residential Subdivision 111 Chestnut Avenue, a Planned Development", recorded the day of - 19 , in Book of Maps, pages _ through _, Official Records of the County of San Mateo. Section 1.1 7 "Member" Shall mean and refer to a person entitled to membership in the Association, as provided in this Declaration. Section 1.18 "Mortqaoe" well as a mortgage. Shall include a deed of trust as -68- - ~ - T1'O To.. 'C"lj"I . C"'I::1nlTlT':'/1\JrT"lMT"'I ., Section 1.19 "Mortqaqee" Shall include a beneficiary or a holder of a deed of trust as well as a mortgagee. Section 1.20 "Mortqaqor" Shall include the trustor of a deed of trust as well as a mortg'agor. Section 1.21 "Ownerll or JlOwners" Shall mean or refer to the record holder or holders of title I if more than onel of a Lot in the proj ect. 'This shall include any person having a fee simple title to any Lot but shall not include contract sellers and those persons or entities having any interest merely as security for the performance of any obligation. If a Lot is sold under a recorded installment land contract to a purchaserl such purchaserl rather than the fee Owner, shall be considered the Owner. Section 1.22 "Personll Means a natural person, a corporationl a partnership I a trustee or other legal entity. Section 1.23 "proiectII Shall mean and refer to the entire real property described hereinl consisting of *12* Lots and the Common Area, including all structures and improvements erected or to be erected thereon. Section 1.24 "Proiect Documents" Means and includes this Declaration, as it may be amended from time to timel the attachments, if any, annexed hereto, the ArtiQles, the Bylaws, and the rules and regulations for the Members, as established from time to time. .,. ..... -'---.-.. Section 1.25 II Property" Means and includes the real property described .herein and all improvements erected or to be erected thereon and such additions thereto as may hereafter be brought within the jurisdiction of the Association, and all property, real, personal or mixed, intended for or used in connection with the Project. Section 1.26 "ReGular Assessment" Shall mean an Assessment which is a portion of the cost of maintaining, improving / operating and managing the Property which is to be paid by each Owner, as determined by the Association. Section 1.27 "Special Assessment" Shall mean a supplemental Assessment to meet expenses which is to be paid by each Owner when the total amount of funds. necessary to defray common expenses is determined to be inadequate by the Association. Section 1.28 "Number and Gender" The singular and plural number and masculine, feminine and neuter gender shall each include the other where the context requires. -69- - LL - n'R 11. 'P'T'. CPD'T'PM'DP'n" ~ r'\ r'\ A Section 1.29 "Mandatorv and Permissive" "Shall", "will", and "agree" as used herein are mandatory and "may" as used herein is permissive. ARTICLE II DESCRIPTION OF PROJECT, DIVISION OF PROPERTY AND CREATION OF PROPERTY RIGHTS Section 2.1 Description of Prolect. The Project is a planned development which consists of eight (8) Lots and the Common Area, including the real property and all improvements thereon. Section 2. 2 Division of . Property . The Property is hereby divided into the individual Lots and the Common Area, as defined in Article I hereof. Section 2. 3 Easements. Each of the Lots shown on the Map shall have appurtenant to it, as the dominant tenement, an easement over the Common Area now or hereafter owned by the Association, as the servient tenement, for ingr~.p...E:3 and egress, and for use, occupancy... and enj oyment, and where appli.cable, for the construction, maintenance and operation of uti-lities. All of the easements are subject to the following provisions: (a) The right of the Association to establish reasonable rules for the use of the Common Area; (b) The right of the Association to discipline Members and to suspend the right of an Owner to use the facilities for any period during which any Assessment against a Lot remains unpaid and for any infraction of the rules contained in the Project Documents, as provided for in this Declaration, after notice and a hearing by the Board of Directors. The right reserved herein shall .not be construed to include the power to cause a forfeiture or abridgement of an Owner's rights to the full use and enjoyment of that Owner's iridi viducilly - oWned Lot, except where su.'ch loss or forfei ture results from court judgment or arbitration award.or sale under power of sale for failure to pay Assessments; (c) 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 subject 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 (2/3rds) of -70- the Owners, agreeing to such dedication or transfer, has been recorded; (d) To avoid the necessity of a separate television antenna system for each Lot, a cable television antenna system may be installed and may be hooked up to each residence on a Lot. Said syst~m, if and when installed, shall be maintained by the Association or cable television franchisee. To the extent necessary to effectuate the foregoing plan, there shall be an easement in favor of each Lot for the purpose of connecting the same with the central television service or line. Each Lot shall be subject to an easement in favor of all other Lots and in favor of the entity holding the cable television franchise, to provide for the passage through the Lot and any structure thereon of television connections from any other Lot to the cable system, and shall be subj ect to a further easement for the placement and maintenance of such connections; and (e) Easements for work necessary to complete development and construction of the Project. The foregoing easements are granted and reserved subject to the ,~ondition that their use and enjoyment shall not unreasonably interfere with the use, occupancy or enjoyment of all or any part of the Common Area. Section 2.4 Easements to Accompanv Conveyance of Lot. Easements that benefit or burden ~ny Lot shall be appurtenant to that Lot and shall aut.QID~Jr~Gg.lly accompany the conveyance ,o_(j;:Jie Lot, even though the description in the instrument of conveyance may refer only to the fee title to the Lot. Section 2.5 Deleqation of Use. Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area and facilities to the 'members of his family, his tenants, or contract purchasers, who reside on the Property. Section 2.6 Conveyance of Common Area to Association. On or before conveyance of title to the first Lot, Declarant shall deed the Common Area to the Association to be held for the benefit of the Members of the Association. Section 2.7 Exclusive Use Common Area. Portions of the Common Area shown and, delineated on the Map as HExc-lusive .Use Common Areas", as servient tenements, are subj ect to exclusive easements in favor of the Lot, as dominant tenement, which bear the same Lot designation. The Exclusive Use Common Areas shall 'be those portions of the Common Area designated as [ parking areas ] [ storage areas] [patios] [decks] [garden area] on the Map. Easements for the Exclusive Use Common Areas shall be granted as follows: -71- _ h _ 1""'\'07\ "C1t"T'1 _ t""1T"'1-r--torn.,....... ___ _ Lot No. Exclusive Use Common Area The assignment, transfer or exchange, either reciprocal or unilateral, of the right to the exclusive use of an Exclusive Use Common Area from one Owner to another or between two or more Owners, is authorized, provided that the approval of the Board is first obtained, and the assignment, transfer or exchange of such Common Area is evidenced by a recorded document. Section 2.8 Annexation. Any annexation of real property to the Project shall require the vote or written approval of at least sixty-seven percent (67%) of the total votes residing in Members other than Declarant. Section 2. 9 Maintenance Easement. An easement over each Lot, as the servient tenement, is reserved by Declarant and is hereby granted to . the Association, for the purpose of entering the Property to perform maintenance for which the Association has a .dutyto perform, in accordance with the provisions .of Section .5.1 of this Declaration. Section 2.10 Other Easements. The Common Area and each Lot are subject to all easements, dedications and rights of way granted or reserved in, on, over and under.."the Property, as shown on the M~p~~: ...-..- ..---.-.- . . Section 2.11 Riqhts of Entrv and Use. The Lots and Common Area (including. Exclusive Use Common Areas) shall be subject to the following rights of entry and use: (a) The right of the Association or its agents.to enter any Lot to cure any violation of this Declaration or the Bylaws, provided that the Owner has received notice and a hearing (except in the case of emergency), as required by the Bylaws, and the .owner has failed to cure the violation or take steps necessary to cure the violation wi thin thirty (30) days after the finding of a violation by the Associationi (b) The access rights of the Association to maintain, repair or replace improvements or Property located in the Common Area, as required by Section 5.1(a)i (c) The easements described in this Article IIi and (d) The rights of the Declarant during the construction period, as described in Section 8.12. -72- -7- TYR l>. 1=i' 'T'. c! 1:;' D .,., 'C"1\/l"n 'l':'T'l ., Section 2.12 Partition Prohibited. There shall be no subdivision .or partition of the Common Area, nor shall any Owner seek any partition or subdivision thereof. Except as provided by California Civil Code Section 1359, as amended from time to time, no Owner shall bring any action for partition of the Project or any part thereof, 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. ARTICLE III ASSOCIATION-ADMINISTRATION, MEMBERSHIP AND VOTING RIGHTS Section 3. 1 Association to Manaqe Common Areas. The management of the Common Area shall be vested in the Association, in accordance with its Bylaws. The Owners of all of the Lots covenant and agree that the administration of the Project shall be 'in accordance wi th the provisions of the Proj ect Documents. Section 3.2 Membership. The Owner of a Lot automatically, upon becoming an Owner, shall be a Member of the Association, and shall remain a Member thereof until such time as his ownership ceases for any. re~s_<?B.L at whicfi'.....time his memberE?h~p _ JIl_ the A'Ssociation shall automatically cease. Membership shall .be held in accordance with this Declaration, the Articles and the Bylaws of the Association. Section 3.3 Transferred Membership. Membership in the Association shall not be transferred, pledged or alienated in any way, except upon the sale of the Lot to which it is appurtenant, and then only to the purchaser 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 transfer is void. In the event the Owner of any Lot should fail or refuse to transfer the membership registered in his name to the purchaser of his Lot, the Association shall have the right to reco.rd the transfer 'upon its books and thereupon any old membership outstanding in the name of the seller shall be null and void. Section 3.4 Membership Classes and Votinq Riqhts. The Association shall have two classes of voting membership: (a) Class A. Class A Members shall be all Owners with the exception of the Declarant. Each Lot shall be allocated one vote in the Association. When more than one Owner holds an interest in any Lot, all such co-Owners shall be Members of the Association; however 1 the vote for each Lot must be cast as a -73- -8- DRAFT: SEPTEMBER 1. ?nn~ whole. No fractional votes shall be allowed with respect to any Lot, nor shall more than one vote be cast with respect to any Lot. When more than one person owns a Lot, there shall be one "Voting Owner" for such Lot. The Voting Owner shall be designated by the record Owners of each Lot by written notice to the Board. The designation shall be revocable at any time by actual notice to the Board given by any Owner of record of such Lot or by the death or judicially declared incompetency of any record Owner. The power herein conferred to designate a Voting Owner, and to revoke said designation, may be exercised by the Owner's conservator or by the guardian of his estate, or in the case of a minor having no guardian, the parent or parents entitled to custody of said minor, or during the administration of his estater the executor or the administrator of a deceased Owner, where the latter's interest in the Lot is subj ect to administration in his estate. Where no Voting Owner of a Lot has been designated, or the designation has been revoked as provided hereinrthe vote for such Lot shall be exercised as the maj ori ty of the co-Owners of the Lot mutually agree. No vote shall be cast for any Lot where there is no - designated Voting Owner or the majority of co-Owners present in representing the Lot cannot agree in their vote as provided herein. (b) Class B. The Class B Member shall be Declarant who shall be entitled to vote as follows: Voting shall be the same as for Class A membershipsr except that the Class B Member may triple its vote for each Lot owned. Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever first be'curs: i. When the total votes outstanding in the Class A membership equals the total vote (tripled as stated) outstanding in the Class B membershipi or ii. On the second anniversary date of the first conveyance of a Lot in the Project. . Except as otherwise provided in the Project Documents, any action by the Association which must have the approval of the Members before being undertaken shall require the vote or written assent of fifty-one percent (51%) of each class of membership during .the time that there are two outstanding classes of membership. Any provision in this Declaration which requires that the vote of Declarant be excluded during any such vote shall be applicable only if there. has been a conversion of Class B membership to Class A membership, and shall be understood to require the vote or written assent of fifty-one percent (51%) of the total voting power of the Association and the vote or written assent of fifty-one percent (51%) of the total voting power of Members other than Declarant. The immediately foregoing sentence shall not apply to those situations governed by Title lO, California Code. of Regulations, Section 2792.4, governing the enforcement of bonded obligations. Voting rights attributable to -74- -9- n~~~~. ~~D~~Mn~n ~ Lots shall not vest until Assessments have been levied against those Lots by the Association. ARTICLE IV MAINTENANCE AND ASSESSMENT Section 4.1 Creation of the Lien and Personal Obliqation of Assessment. Declarant, for each Lot owned wi thin the proj ect, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agrees to pay to the Association Regular Assessments and Special Assessmentsl such Assessments to be established, made and collected as provided in this Declaration. Each Assessment or installment thereof I together wi th any late charge I interest, collection costs and reasonable attorneys' feesl shall be the personal obligation of the Owner at the time such As.sessment, or installment I became due and payable. If more than one person is the Owner of a Lot, the personal obligation to pay such Assessment, or installment, respecting such Lot shall be both joint and several. The annual Regular Assessments and the Special Assessments provided for in this Article IV, together with interest, late charges, collection .,.qpsts and reasonable attorneys I fees, shall be -.a-.continuing lien upon the Lot against--which the Assessment is made-,-as -provided in Section 4. 14 hereof-;-No Owner of a' Lot may exempt himself from payment of Assessmentsl or installments I by waiver of the use or enj oyment of all or any portion of the Common Area or by waiver of the use or enjoyment of, or by abandonment of, his Lot. Section 4.2 Purpose of Assessment. The Assessments levied by the Association' shall be used exclusively to promote the recreationl heal th, safety and welfare of the Members of the Association; the improvement, replacement, repair, operation and maintenance of the Common Area; and the performance of the duties of the Association, as set forth in this Declaration. Section 4.3 Reqular Assessment and Reserve Fund. (a) The" :Board shall establish' and levy aririual Regular Assessments in an amount the Board estimates will be sufficient to raise the funds needed to perform the duties of the Association during each fiscal year, subject to the limitations contained in Section 4.5 hereof. Such annual Regular Assessments shall include an adequate reserve fund for maintenance, repairs and replacement of those major components of the Common Area and facilities which the Association is obligated to maintain and that must be replaced -75- -] 0 - liP Zi P'T'. C''I:'D'''''''C'lM'n'!'':t,..., ., on a periodic basis, and shall be payable in regular installments rather than by Special Assessments. (b) Unless the Association is exempt from Federal or State taxes, all reserves shall be accounted for as contributions to the capital of the Association and as trust funds segregated from the regular income of the Association or in any other manner authorized by law or regulation of the Internal Revenue Service and the California Franchise Tax Board that will prevent such funds from being taxed as income to the Association. (c) Failure of the Board to set Regular Assessments shall not be deemed a waiver of Regular Assessments but, rather, the prior fiscal year's Regular Assessment shall remain in full force and effect. (d) The Board shall not expend funds designated as reserve funds for any purpose other than the repair, restoration, replacement, or maintenance of, or litigation involving the repair, restoration, replacement, or maintenance o'f, maj or components of the Common Area and facilities which the Association is obligated to repair i restore, replace, or maintain, and for which such reserve fund was established. However, the Board 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 wri'tten finding, recorded in the Board's minutes, setting forth the reasons that the transfer is. J?-ee.?-~,~i._~nd describing 'when and how -'-'the money will be repaid. The transf.e,rred funds shall be restored to the reserve fund within one (1) year of the date of the initial transfer, except that the Board may, upon making a finding supported by documentation that a temporary delay would be in the best interests of the Project, temporarily delay the restoration. The Board shall exercise prudent fiscal management in maintaining the integrity of the reserve account and shall, if necessary, levy a Special Assessment to recover the full amount of the expended funds within the time limits required by this Section. Such Special Assessment is subject to the limitation imposed by Section 4.5 of this Declaration. The Board may, at its discretion, extend the date on which the payment of 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. (e) When the decision is made to use reFlerve funds or to temporarily transfer money from the reserve fund to pay for litigation, the Association shall notify the Members of that decision in the next available mailing of any nature to all Mernb,ers (with the Association newsletter, magazine, etc., if there is one) and of the availability of an accounting of those expenses. The Association shall make an accounting of expenses related to such litigation on at least a quarterly basis. The accounting shall be -76- made available for inspection by Members at the Association I s office. Section 4.4 Special Assessments. If the Board determines that the estimated total amount of funds necessary to defray the common expenses of the Association for a given fiscal year is, or will become, inadequate to meet expenses for any reason (including, but not limited to, unanticipated delinquencies, costs of construction, unexpected repairs or replacements of capital improvements on the Common Area) the Board shall determine the approximate amount necessary to defray such expenses, and if the amount is approved by a majority vote of the Board, it shall become a Special Assessment. The Board may, in its discretion, prorate such Special Assessment over the remaining months of the fiscal year or levy the Special Assessment immediately against each Lot. Unless exempt from Federal or State income taxation, all proceeds from any Special Assessment shall be segregated and deposited into a special account and shall be used solely for the pUrpose or purposes for which they were levied, or they otherwise shall be handled and used in a manner authorized by law or regulations of the Internal Revenue Service and the California Franchise Tax Board in order to avoid, if possible, their taxation as income to the Association. Section 4.5 Limitation on Board1s Authoritv to Increase and Decrease Assessments. (a) Any increases in Regular Assessments shall not be imposed unles.$.~.t.he: Board has complied wi th Secti-qii~_~9=-~~2 (b) of the Bylaws with respect to that fiscal year, or has obtained, in accordance with Section 4.6 hereof, the approval of a majority of the Owners at a.meeting or election at which a quorum was present. (b) Notwithstanding subsection (a) above, the Board may not, without the approval of a majority of the Owners at a meeting or election at which a quorum was present: i. Increase Regular Assessments more than twenty percent (20%) greater than the Regular Assessments for the Association1s preceding fiscal year, or ll. Impose Special Assessments which in the aggregate exceed five percent (5%) of the budgeted gross expenses for the current fiscal year. (c) Assessment increases are not limited in the case of emergency situations, which are any of the following: order. i . An extraordinary expense required by court -77- -1 ? - T'l'C>'7\ T'7I1TI ,..,.,...,.,....,___ ____ 1.1.. An extraordinary expense necessary to repair or maintain the Project, or any part of it for which the Association is responsible, where a threat to safety of persons is discovered. iii. Repairs to or maintenance of the Project that could not have been reasonably foreseen in preparing the budget. Prior to imposition of the Assessment, the Board shall make written findings, distributed to the Members, as to the necessity of the expense and why it could not have been foreseen. (d) The 'Association may not charge or collect fees or Assessments in connection with a transfer of a Lot in excess of the actual cost to change its records. (e) The annual Regular Assessment may not be decreased by the Board or by the Members by more than ten percent (19%) in anyone (1) year without the approval of a majority of the voting power of the Association residing in Members other than Declarant. (f) The Association shall provide notice by first-class mail to the Members of any increase of Regular or Special Assessments not less than thirty (30) days nor more than sixty (60) da~s prior to the increased Assessment becoming due. Section 4. 6 Notice and Quorum for Anv Action Authorized Under Section 4.5. Any action authorized under Section 4.5, which requires a vote of the membership, shall be taken at a meeting called for that purpose, at which a "quorum equal to more than fifty percent (50%) of the total_~Y9,f.tpg' ,power' of the Association is present. Wri tten notice of said meeting shall be sent to all Members not less than ten (10) nor more than ninety (90) days in advance of the meeting, specifying the place, day and hour of the meeting and, notwithstanding any other provision of law, shall specify those matters the Board intends to present for action by the Membersi but, except as otherwise provided by law, any proper matter may be presented at such meeting for action. The action may also be taken without a meeting pursuant to the provisions of California Corporations Code Section 7513. Section 4.7 Levyinq of Reqular and Special Assessments,. All Regular and Special Assessments shall be equally assessed to the Owners. Section 4. 8 Assessment Period.. The Regular Assessment period shall commence on January 1 of each year and shall terminate on December 31 of each year, or such other dates as may be approved by the Board, and 'Regular Assessments shall be payable in equal monthly installments, unless the Board adopts some other basis for collection. However, the initial Regular Assessment period shall commence on the first day of the calendar month following the date on which the sale of the first Lot to a purchaser is closed and shall terminate on December 31 of the year in which the initial -78- -13- DRAFT~ QRP~PMo~n ~ sale is closed. The first Regular Assessment and all Special Assessments shall be adjusted according to the number of months remaining in the fiscal year and shall be payable in equal monthly installments unless the Board adopts some other basis for collection. The Association shall not change the obligation of any Lot for purposes of levying Assessments unless all Owners affected and all the mortgagees of such Owners have given their prior written consent. Section 4. 9 Notice and Assessment Installment Due Dates; Delinquent Assessment. (a) A single ten (10) day prior written notice of each annual Regular Assessment and each' Special Assessment, specifying the due dates for the payment of installments, shall be given.to each Owner of every Lot subject to Assessment; provided, however, in the event of an increase in any Regular or Special Assessment, such notice shall be given not less than thirty (30) nor more than sixty (60) days prior to the increased Assessment becoming due. The due dates for the payment of installments normally shall be the first day of each month, unless some other due date is established by the Board. Each installment of Regular Assessments and Special Assessments shall become delinquent if not paid within fifteen (15) days after its due date. (b) If an Assessment is delinquent, the Association may recover the following: ,. .". i . Reasonable costs incurred .fIl-.--:~ollecting the delinquent Assessment, including reasonable attorneys' fees; ii. A late charge .of ten percent delinquent Assessment, or ten dollars ($10.00), greater; (10%) of the whichever is ~~~. Interest on all sums imposed in accordance with this Section, including the delinquent Assessment, reasonable fees and costs of collection, and reasonable attorney's fees, at an annual percentage rate of twelve percent (12%) interest, commencing thirty (30) days after the Assessment becomes dUe. Section 4.10 PaYment of Delinauent Assessments Under Protest. In accordance with California Civil Code Section 1366.3, an Owner may dispute a delinquent Assessment, as defined in Section 4.9 hereof, by paying to the Association in full the amount of Assessment in dispute, late charges, interest, and all reasonable fees and costs associated with the preparation and filing of a notice of the delinquent assessment, including reasonable attorney's fees as may be prescribed by statute, and giving written notice to the Association that the amount is being paid under protest. Such notice shall be given by certified mailed not more -79- - 1 L1. _ 1>'07\ 'C11T'l _ ,..,...........,..,..,_. __ __ _ than thirty (30) days from the recording of a notice of delinquent assessment. Following receipt of such notice, the Association shall inform the Owner that the dispute may be resolved by alternative dispute resolution as set forth in California Civil Code Section 1354, by civil action, or by other dispute resolution procedure available to the Association. The right of any Owner to utilize alternative dispute resolution under this Section shall be limited to not more than two (2) times in any single calendar year and not more than three (3) times in any five calendar years. Section 4.11 Effect of Transfer of Lot bv Sale or Foreclosure. Sale or transfer of any Lot shall not affect the Assessment lien. 'However, the sale of any Lot pursuant to a power of sale in a first mortgage shall extinguish the lien of such Assessments as to payments which became due prior to such sale. No sale or transfer shall relieve the Owner of such Lot from liability for any Assessments thereafter becoming due or from the lien thereof. Where the mortgagee of a first mortgage of record or other purchase'r of a' Lot obtains title to the Lot as a result, of foreclosure of ~y such first mortgage, such purchaser, including said purchaser's Successors and assigns, shall not be liable for the share of the common expenses or Assessment by the Association chargeable to such Lot which became due prior to the acquisition of title to such Lot by such purchaser~'(except for Assessments liens recorded prior to the moitg~gE=J. Such unpaid share of, carom.on,', ., expenses or Assessments shall be deemed to be common expenses collectible from Owners of all of the Lots, including such purchaser or the purchaser's successors and assigns. If a Lot is transferred, the grantor shall remain liable to the Association for all unpaid Assessments against the Lot through and including the date of transfer. The grantor shall be entitled to a statement from the Association dated as of the date of transfer( setting forth the amount of unpaid Assessments against the grantor due the Association and the Lot so transferred shall not be subject to a lien for unpaid Assessments in excess of the amount set forth in the statement; provided, however, the grantee shall be liable for any such Assessment that becomes due after the date of the transfer. Section 4.12 Estoppel Certificate. The Board, on not less than twenty (20) days prior written request, shall execute, acknowledge and deliver to the party making such request a statement in writing stating whether or not, to the knowledge of the Association, a particular Owner is in default as to his Lot under the provisions of this Declaration and further stating the dates to which installments of Assessments, Regular or Special, have been paid as to such Lot. Any certificate delivered pursuant -80- _1 t::_ 1""'"'\n "7\ ~rT'1 ______ to this Section may be relied upon by any prospective purchaser or .mortgagee of such Lot, but reliance on such certificate may not extend to any default not involving the payment of Assessments of which the signer had no actual knowledge. Section 4.13 Riqht to Enforce. The right to collect and enforce Assessments is vested in the Board, acting by and on behalf of the Association. The Board, or its authorized representative, can enforce the obligations of the Owners to pay Assessments provided for in this Declaration by commencement and maintenance of a suit at law or in equity, or t~e Board may foreclose by judicial proceedings or through the exercise of the power of sale, pursuant to Section 4.15, to enforce the lien rights created. Suit to recover a money judgment for unpaid Assessments, together with all amounts described in Section 4.1, shall be maintainable without foreclosing or waiving the lien rights. Section 4.14 Creation of Lien. If there is a delinquency in the payment of any Assessment or installment thereof on a Lot, as described in Section 4.9 hereof, any amounts .that are delinquent, together with any late charges, interest and all costs that are incurred by the. Board or its authorized representative in the c.ollection of the amounts, including reasonable attorneys' fees, shall be a lien against such Lot upon the recordation in the Office o~ the County Recorder of the County of San Mateo of a notice of delinquent assessment, as provided in California Civil Code Section l367. ~ . .~. . Before the Association may place a lien lipon a Lot to collect a debt which is delinquent under Section 4.9 hereof, the Association shall, at least thirty (30) days prior to recording a lien, notify the Owner in writing by certified mail of: (a) The general collection and lien enforcement procedures of the Association and the method of calculation, a statement that the Member has the right to inspect Association recordst and the following statement in 14-point boldface type, if printedt or in capital letters, if typed: II.IMPORTANT NOTICE: IF YOUR SEPARATE INTEREST IS PLACED IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR ASSESSMENTS, IT MAY BE SOLD WITHOUT COURT ACTION". - (b) An itemized statement of the charges owed by the Member, including the delinquent assessments, the fees and reasonable costs .of collection, reasonable attorney r s fees, any late charges, and interest, if any. (c) A statement that the Member shall not be liable to pay the charges t interest I and costs of collection if it is determined the Assessment was paid on time to the Association. (d) The right to request a meeting with the Board as provided hereinbelow. -81- ., c .,-...""'" ~ .........-- ______ __ Any payments towards such debt shall be first applied to principal owed, and only after the principal owed is paid in full shall such payments be applied to fees and costs of collection expenses, attorney I s fees I late charges or interest. When a Member makes a payment, he may request a receipt and the Association shall provide it, such receipt to indicate the date of payment and the person receiving it. The Association shall provide a mailing address for overnight payment of Assessments. The notice of delinquent assessment shall state the amount of the Assessment, collection costs, attorneys' fees, late charges, and interest, a legal description of the Lot against which the Assessment and other sums are levied, the name of the record Owner, and the name and address of the trustee authorized by the Association to enforce the lien by sale. The notice shall be signed by the President of the Association or such other person designated by the Association for that purposer and mailed in the manner set forth in California Civil Code Section 2924br ' to all record Owners of the Lot no later than ten (10) calendar days after recordation. A Member may dispute the debt noticed by submitting to the Board a written explanation of the reasons for such dispute. The Board shall respond in writing to the Member within fifteen (15) days of the postmark date of the explanationr if the explanation is mailed within fifteen (15) days of the postmark of the notice of delinquent assessment. A Member may request to meet with the Board to discuss a payment plan for the aebtl as provided in California Civil Code Section 1367.:':'i-=--- , . Monetary penalties levied by the Association (1) as a disciplinary measure for failure of an Owner to comply with the Project Documentsr or (2) as a means of reimbursing the Association for costs incurred by the Association in the repair of damage to the Common Area and facilities for which the Owner was allegedly responsible, or (3) in bringing the Owner and his subdivision interest into compliance with the Project Documents, shall not be Assessments which may become a lien against the Lot Owner's subdivision interest enforceable by a sale of the interest in accordance with the provisions of Section 2924, 2924 (b) and 2924 (c) of the California Civil Code. The Assessment lien created by this Section shall be prior to all other liens recorded subsequent to the notice of delinquent assessment, except for taxes, bondsr assessments and other levies, which by law would be superior thereto, and except for the lien of any first mortgage made in good faith and for value. If a lien previously recorded against a Lot was recorded in error, the Association shall, within twenty-one (21) calendar days, record a release of lien and provide the Member with a declaration -82- -17- n'R Zl. 'P'T' . CP'Dlj't'C'lMLlr,tT"l .. that the notice recording was in error and a copy of the lien release. If the Association fails to comply with the procedures set forth in this Section, it shall recommence the required notice process prior to recording a lien, and any costs associated therewith shall be borne by the Association and not by the Member. Section 4.15 Enforcement of Assessment Lien. After the expiration of thirty (30) days following recording of the lien created pursuant to Section 4.14 above 1 the lien may be enforced in any manner permitted by law, including sale by the court, sale by the trustee designated in the notice of delinquent assessment 1 or sale by a trustee substituted pursuant to California Civil Code Section 2934 (a) . Any sale by a trustee shall be conducted in accordance with the provisions of California Civil Code Sections 29241 2924 (b) 1 2924 (c), 2924 (f) 1 2924 (g) and 2924 (h), applicable to the exercise of powers of sale in mortgages and deeds of trust. Trustees fees may not exceed the amounts prescribed in California Civil Code Sections 2924(c) and 2924 (d) . Section 4.16 Exempt Property. (a) Those Lots having no structural improvements for human occupancy shall be exempt from the payment of that portion of any Assess'ment which is ,for the purpose of defraying expenses and reserves directly attributable to the existence and use of the structural .1.mprovement. The exempt~'on~~x-_~nclude=.: i. Roof replacement; ii. Exterior maintenance; iii. Cable television; iv. Walkway and carport lighting; v. Refuse disposal, if any; if any; vi. Domestic water supplied to living improvements, vii. Insurance on uncompleted residences. (b) The foregoing exemption shall be in effect until the earliest of the following events: i. A notice of completion of the structural improvements has been recorded; on the Lot; or ii. Occupation or use of the residential structure -83- - l 8 - TYR 21 'k' 'T'. C' 'C" 'D ..,... 'C1 TIIr'r\ .....,.., "'I iii. Completion of all elements of the residential structure which the Association is obligated to maintain. (c) The Declarant and any other Owner of a Lot are 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. This exemption from the payment of Assessments shall be in effect until the earliest of the following events: i. A notice of completion of the common facility has been recordedi or ii. The common facility has been placed into use. Section 4.1 7 Waiver of Exemntions. Each Owner, to the extent permitted by law, waives, to the extent of any liens created pursuant to this Article IV, the benefi t of any homestead or exemption laws of the State of California in effect at the time any Assessmerit or installment becomes delinquent or any lien is imposed. Section 4.18 Unallocated Taxes. In the event that any taxes are assessed against the Common Area, or the personal 'property of the Association, rather than against the Lots, such taxes shall be included in the Assessments made under the proviSions of Section 4.1, and, if necessary, a Special Assessment may be levied against the Lot in an am6up(-e~uai to such taxes, to be paid iri~}jiQ(2) installments, not less than thirty (30) days prior to the due date of each installment. ARTICLE V DUTIES AND POWERS OF THE ASSOCIATION Section 5.1 Duties. In addition to the duties enumerated in its Bylaws, or elsewhere provided in this Declaration, and without limiting the generality thereof, the Association shall perform the following duties: (a) Maintenance. The Association shall maintain and repair the Common Area, all improvements and landscaping thereon, and all Property owned by the Association, including without limitation, play areas, light fixtures, common driveway, trees and shrubs. Landscaping maintenance shall include regular fertilization, irrigation and other garden management practices necessary to promote a healthy, weed-free environment for optimum -84- -19- DRAFT: SEPTEMBER 1. ?004 plant growth. The Association shall immediately remove and replace any dying or dead vegetation on the Common Area. The responsibility of the Association for maintenance, repair and replacement shall not extend to repairs or replacements arising out of or caused by the willful or negligent act or neglect of an Owner or his guests, tenants or invi tees, .the cost of which is not covered by insurance. Repairs or replacements resulting from such excluded items shall be the responsibility of each Owner; provided, however, that if an Owner shall fail to make the repairs or replacements which are his responsibility as provided herein, then, upon a vote of a majority of the Board of Directors, and after not less than thirty (30) days notice to the Owner, and hear~ng (except in an emergency situation), the Association shall have the right (but not the obligation) to make such repairs or replacements, and the cost thereof shall be added to the Assessments chargeable to such Lot and shall be payable to the Association by the Owner of such Lot. The Association shall perform all reasonable maintenance obligations and follow all reasonable maintenance schedules provided to the Association by the developer. (b) Insurance. The Association shall maintain the following policies of insurance: i. A policy or policies of rJ.re and casual ty .__~~~.1?-.~ance (Special Form), for the fuI'l_ ~.~l?~acement value, covering: A. Common Area: All Common Area improvementsr including building(s) and any additions or extensions thereto; all fixtures, machinery and equipment permanently affixed to the building(s) located on the Common Area; fences; monuments; lighting fixtures i exterior signs; recreational facili ties, if any i and personal property owned by the Association (but excluding land, foundationsr excavations and other items typically excluded from property insurance coverage); and B. Lots and all improvements located thereon; C. Landscaping: Lawn, plants located in the Common Area. - trees, shrubs and The policy or policies shall be primary and noncontributing with any other insurance policy or policies covering the same loss. Each policy shall provide that it shall not be canceled without at least thirty (30) days prior written notice to the Association and to each of the Owners and their mortgagees of record.-The Board shall review the limits of such insurance at least every year and shall increase or adjust the same, if -85- -20- DRAFT: SEPTEMRRR 1 ?nn~ necessary( to provide the coverage and protection required by this Declaration. Such policy or policies shall provide for a separate loss payable endorsement in favor of the mortgagee or mortgagees of each Lot( if .any. ~l. A policy or policies of comprehensive public liability insurance( including( but not limited tOt general public liability insurance ( including coverage for bodily injury( emotional distress, wrongful death( and/or property damage. Such insurance shall insure the Association, the Declarant, the Board, the directors, the officers, the Owners and any appointed manager( against any liability to the public or to any Owner incident to the ownership and/or use of the Project or incident to the use of, or resulting from, any accident or intentional act occurring in or about any Lot or the Common Area. The general public liability insurance required by this Section shall each be in an amount of not less than two million dollars ($2,000,000) per occurrence, or such other minimum amount as may be required by California Civil Code Section 1365..9. The Board shall review the limits and coverage of such insurance at least every year and shall increase or adjust the same, if necessary, to provide the coverage and protection required by this Declaration. ~~l. Worker's Compensation Insurance to the extent necessary to comply wi th all applicable laws of the State of California or the re'gulations of any governmental body or authority having jurisdiction over the Project. , ". _iy 0_- . Fidelity insurance, in a commercial.. .blanket fidelity insurance form, obtained at the discretion of the Board, naming such persons as may be designated by the Board as principals, and the Owners as obligees, in an amount to be determined by the Board in its absolute discretion. v. Flood insurance if the Proj ect is located in an area designated by an appropriate governmental agency as a special flood hazard area. vi. Earthquake insurance only if a majority of the Members vote to purchase such insurance. If the Members elect to purchase such earthquake insurance, the insurance ~ay be subsequently cancelled on a vote of the majority of the Members. If cancelled( the Association shall make reasonable efforts to notify the Members of the cancellation. vii. Board, directors and officers errors and omissions insurance, in a commercial blanket errors and omissions insuran,ce form, naming the Board( directors and officers. as principals, and the Owners as obligees, in an amount to be determined by the Board in its absolute discretion. -86- - .2 1 - no Zi. R'T'. c" 't;'1YT''C'IM'n'r.'lT''l ., Nothing in this subsection (b) [except as provided in subsection (b) (vi)] shall restrict or prohibit the Board from maintaining such additional policies of insurance or endorsements as it, in its absol ute discretion, shall deem reasonable and necessary. Any insurance acquired by the Board may be taken in the name of the Board as trustee, for the use and benefit of the Board and all Owners. The Board periodically (and not less than once each year) shall review the Association's insurance policies and make such adjustments to the policies terms and conditions as the Board considers to be in the best interests of the Association. The review shall include an appraisal by a qualified appraiser of, the current replacement costs of all covered property under the Association's fire and casualty policy unless the Board is satisfied that the current dollar limit of such policy, coupled with the amount of actual reserves on hand, is equal to or greater than the current replacement costs. The amount, term, and coverage of any policy required hereunder (including the type of endorsements, the amount of the deductible, the named insureds, the loss payees, standard mortgage clauses, and notices of changes or cancellations) shall satisfy the minimum requirements imposed for this type of proj ect by the Federal National Mortgage Association (" FNMA") or any successor thereto. If FNMA does not impose requirements on any policy required hereunder, the term, amoupt, and coverage of such policy ~hallbe no less than that which ,i,s~:_9~stomarily carried by prudent . ==.owners. of similar property in the .County in which the Proj ect is located. Each Owner, appoints the Association or any insurance trustee (as defined in Section 8.9(b) (ii) below) designated by the Association to act on behalf of the Owners in connection with all insurance matters arising from any insurance policy maintained by the Association, including, without limitation, representing the Owners in any proceeding, negotiation, settlement or agreement. Any insurance maintained by the Association shall contain "wai ver of subrogation" as to the Association and its officers, directors, and Members, the Owners and occupants of t4e Lots (including Declarant) and mortgagees, and, if obtainable, cross liability endorsements or severability of interest endorsements insuring each insured against-the liability of each other insured. Except in the case of earthquake insurance and subject to any restrictions imposed by any Mortgagees, the Board shall have the power and right to deviate from the insurance requirements contained in this Section 5.1(b) in any manner that the Board, in its discretion, considers to be in the best interests of. the Association. If the Board elects to materially reduce the coverage from the coverage required in this Section 5.1(b), the Board shall -87- -? ") _ "r\Ti 7\ 'i':'11"T"'J ,............____ ____ make all reasonable efforts to notify the Members of the reduction in coverage and the reasons therefor at least thirty (30) days before the effective date of the reduction. The Association and its directors and officers shall have no liability to any Owner or Mortgagee if, after a good faith effort, (1) the Association is unable. to obtain any insurance required hereunder because the insurance is no longer available; (2) if available, the insurance (except for earthquake insurance) can be obtained only at a cost that the Board, in its sole discretion, determines is unreasonable under the circumstances; or (3) the Members fail to approve any assessment increase needed to fund the insurance 'premiums. No Owner shall separately insure the improvements on his or her Lot against loss by fire or other casualty covered by any insurance carried by the Association. If any Owner violates this provision, any diminution in insurance proceeds otherwise payable under the Association I s policies that results from the existence of such other insurance will be chargeable to the Owner who acquired other insurance. Any Owner can insure his p.ersonal property against loss and obtain any personal liability insurance that he desires. In addition, any improvements made by an Owner within his Lot may be separately insured by the Ownerr but the insurance is to be limited to the type and nature of coverage commonly known as .11 improvements insurance". The Owner shall not obtain such insurance if the policy referred to in Sec1:;ion 5.1 (b) (i) will provide coV'~r~~e.._f.or ~uch improvements. (c) Discharqe of Liens. The Association shall discharge by paymentr if necessaryr any lien against the Common' Area, and assess the cost. thereof to tl1e Member or Members responsible for the existence of such lien; provided that such Member(s) is given notice and the opportunity to be heard before the Board before discharge of the lien. (d) Assessments. The Association shall fix, levy, collect and enforce Assessments, as provided in Article IV hereof. (e) Payment of Expenses. The Association shall pay all expenses and obligations incurred by the Association in the c:onduct of its business including, without limitation, all licenses, taxes or governmental charges levied or imposed against the Property of the Association. (f) Enforcement. Declaration. The Association shall enforce this (g) Account Review. The Association shall review its operating and reserve accounts, their reconciliations and account statements, as set forth in the Bylaws. For purposes herein, II reserve accounts" shall mean monies that the Association has -88- -23- DRAFT: SEPTEMBER 1, 2004 identified from its annual budget to defray the future repair or replacement of I or addi tions to I those maj or components of the Common Area and facilities which the Association is obligated to maintain. (h) Notice of Civil Action. The Association shall notify the Members of filing of any civil action by the Association against the Declarant or other developer for alleged damage I as specified in Section 9.7 of the Bylaws. (i) Prol ect Documents and Statement of Unpaid Assessments. Within ten (10) days of receipt of a written request from a Member I the Association shall provide copies of the Project Documents I copies of the documents required by Article IX of the Bylaws and a statement of any unpaid Regular or Special Assessments I late charges I interest and collection costs which are or may become a lien against his LotI for delivery to a prospective purchaser of the Lot, pursuant to Civil Code Section 1368. The Association may charge a reasonable fee for such service I which shall not exceed the reasonable cost to prepare and reproduce the requested items. (j ) Notice of Assessments and Foreclosure. The Association shall distribute to the Members the written Notice of Assessments and Foreclosure required by California Civil Code Section 1365.11 during the sixty (60) day period immediately preceding the Association's fiscal year. ,.' ~. (k) Informational-'-Notice to Secretary of State. The Association annually shall submit to the California Secretary of State a form containing all the information and the fee prescribed by California Civil Code Section 1363.6. (1) Repair and Maintenance Reauirements. The Association shall comply with all applicable provisions of Title 7 of Division 21 Part 2 of the California Civil Code, but shall only enforce such statute with respect to repair of Common Areas. The Association shall follow all reasonable maintenance obligations and schedules communicated in writing to the Association by the builder and product manufacturers I as well as commonly accepted maintenance practices. The Association shall make any such maintenance manuals and/or schedules available to the Owners. - Section 5.2 Powers. In addition to the powers enumerated in its Bylaws I or elsewhere provided herein, and without limiting the generality thereof I the Association shall have the following powers: (a) Utility Service. The Association shall have the authority to obtainl for the benefit of all of the Lots, all waterl gas and electric -service; refuse collection; janitorial or window -89- -24- DRAFT: SEPTRM~R~' ~~~~ cleaning service; and fireplace cleaning and chimney cleaning service. (b) Easements. The A~sociation shall have the authori ty to grant easements, where necessary, for utilities and sewer facilities over the Common Area to serve the Common Area and the Lots. (c) Manaoer. The Association shall have the authority to employ a manager or managing agent and to contract with, independent contractors to perform all or any part of the day to day management duties and responsibilities of the Association, each of whom shall be subject to the direction and control of the Board, provided that any contract with a firm, or person appointed as manager or managing agent shall not exceed a one (1) year term and shall provide for the right to terminate by either party without cause and without payment of a termination fee on thirty (30) days written notice. Any delegation of authority to a' manager or managing agen~ shall be subject to Section 5.2(k) hereof. Notwithstanding the above, no manager or officer may be delegated the power or authority to levy fines, hold hearings or impose discipline, make capital expenditures, file suit, 'record a claim of lien, or foreclose for failure to pay A~sessments. (d) Adoption of Rules. The Association may adopt reasonable rules not inconsistent with this Declaration relating to the use of the Common Area, the Exclusive Use Common Areas, if any, and all f~~~II~J:,ies thereon, and the conduct anq~=iJ~~~'~thereof, and the conduct of Owners and their tenants and guests with respect to the Property and other Owners. (e) Access. 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 respective responsibilities, the Association's agents or employees shall have the right, after reasonable notice to the Owner thereof, to enter upon any Lot or to enter any portion of the Common Area at reasonable hours. Except in the case of any emergency, forty-eight (48) hours advance notice shall be given to the Owner or occupant prior to any entry of a Lot. (f) Assessments, Liens and Fines. The Association shall , have the, power to levy and collect Assessments , in accordance wi th the provisions of Article IV hereof. The Association may impose fines or take disciplinary action against any 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 or other appropriate discipline, provided that the accused Member is given at least fifteen (15) days notice and the opportunity,to be heard orally or in writing before the Board of the Association with respect to the -90- -25- DRAFT: RRP~RM~PP' ~~~~ alleged violations at least five (5) days before a decision to imp0se discipline is made. All notices required under this Section shall be made pursuant to Section 8.14 of this Declaration. (g) Enforcement. The Association shall have the authority to enforce this Declarationr as provided in Section 8.1 hereof. (h) Acouisition of Propertv. The Association shall have the power to acquire (by giftr purchase or otherwise)r ownr holdr improver build uponr operatel maintainr conveYr selll leasel transferr dedicate for public user or otherwise dispose ofl real or personal property in connection with the affairs of the Association. (i) Loans. The Association shall have the power to borrow moneYr and only with the consent (by vote or written consent) of three-fourths (3/4) of each class of Members, to mortgager to pledger to encumber or to hypothecate any or all of its real or personal property as security for monies borrowed or debts incurred. (j) Contract. The Association shall have the powe~ to cont-ract for goods and/or services for the Common Area facilities and interests or for the Associationr subject to any limitations set forth in the Project Documents. (k) Deleqation. The Association shall have the power to delegate its authority _a_J}q~~-'powers to committees, officer~_._ :9r~-~-- employees of the Association. The Association may not, however, delegate the following powers: disciplinei i. To levy fines, hold hearingsr or impose ii. To make capital expendituresi iii. To file suitr to cause ~ claim of lien to be recordedr or to foreclose for failure to pay Assessmentsi or iv. To levy Regular Assessments or Special Assessments. (1) Use of.Facilities. The Association shall have the power to limit the number of an Owner's tenants or guests who may use the Common Area facilities, provided that any limitation apply equally to all Ownersr except in the case of disciplinary measures taken after notice and hearingr as provided in the Bylaws. (m) Appointment of Trustee. The Association, or the Board on behalf of the Associationr shall have the power to appoint -91- -26- DRAFT: SEPTEMBER 1. 2004 a trustee to enforce Assessment liens as provided in Section 4.13 hereof, and as provided in Cal~fornia Civil Code Section 1367(b). (n) Litiqation, Arbitration, Mediation or Administrative Proceedinqs. The Association, or the Board on behalf of the Association, shall have the authority to institute, defend, settle or intervene on behalf of the Association in litigation, arbitration, mediation, or administrative proceedings in matters pertaining to (1) enforcement of the Project Documents, (2) damage to the Common Areas, (3) damage to the separate interests which the Association is obligated to maintainor repair, or (4) damage to the separate interests which arises out of, or is integrally related to, damage to the Common Areas or separate interests that the Association is obligated to maintain or repair, subj ect to compliance with California Civil Code Section 1354. (0) Other Powers. In addition to the powers enumerated in this Declaration and in the Bylaws, the Association may exercise the powers granted to a nonprofit mutual benefit corporation, as such exist from time to time, under the California Corporations Code. ARTICLE VI ,USE RESTRICTIONS " " Section 6.1 Use of Lot. (a) No Lot shall be occupied and used except for residential purposes by the Owners, their tenants and social guests, and no trade or business shall be conducted therein, except that: i. A home office may be maintained to conduct a trade or business provided such office complies with the requirements of local laws and regulations governing the maintenance of offices in residential dwelling units. ii. Declarant, and the successors or assigns of Declarant, may use any Lot or Lots in the Project owned by Declarant for a model home site or sites and display and sales office until the last Lot is sold by Declarant, or, if Declarant elects to retain one (1) or more Lots, three (3) years after the close of the sale of the first Lot. (b) No Lot shall be owned, leased, occupied or rented pursuant to any time sharing agreement of any kind. -92- -27- DRAFT: SEPTEMBER 1, 2004 .r Section 6.2 Nuisances. No illegal or"" seriously offensive activity shall be transacted or conducted on any Lot or on any part of the PropertYr nor shall anything be done thereon which may be a serious annoyance or a nuisance to or which may in any way interfere with the quiet enjoyment of each of the Owners of his respective Lotr or which shall in any way increase the rate of insurance for the Proj ect, 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. Section 6.3" Siqns. No commercial sign shall be displayed to the public view on any Lot or any portion of the Property. In accordance with California Civil Code Section 712, one (1) "For Sale" or "For Rent" sign for each Lot shall be allowedr provided that it is reasonable in size and posted at appropriate locations on the Property. The Board may adopt rules and regulations concerning the size and location of "For Sale" or "For Rent" signs. Noncommercial signs or posters that are nine (9) square feetr or less, and flags or banners that are fifteen square feet, or lessr made of paper, cardboardr cloth, plastic or fabric may be posted or displayed from the yard, window, doorl balcony or outside wall of the Lot improvements I unless prohibi ted by the Board for reasons of public health or safety or if such posting or display would viol.ate any law. Section 6.4 Pets. An Owner shall be allowed to keep domesticated birds, cats, dogs, aquatic animals kept within an aquariumr or other animals as agreed"".to between the Association and the OWri"~"~i"_p_~QYided that no animal is kept r br~(;C:"o~~mi3.intained for any commercial PUrposesr and is kept under reasonable control at all times.' No pet may be kept on the Property which is a serious annoyance or is obnoxious to the Owners. No pet shall be allowed in the Common Area except as may be permitted by the rules of the Association. Declarant or any Owner may cause any unauthorized pet found in the Common Area to be removed to a pound or animal shelter under the jurisdiction of the County of San Mateol by calling the appropriate authorities, whereupon the Owner (upon payment of all expenses connected therewith) may repossess the pet. No dog whose barking seriously disturbs other Owners shall be permitted to remain on the Property. Any decision regarding the conduct of a pet shall be made only after notice to the Owner and the opportunity to be heard before the Board." Owne-rs shall prevent their pet from soiling any portion of the Common Area and shall promptly clean up any fouling by their pet. Section 6.5 Garbaqe and Refuse Disposal. All rubbish, trash and garbage shall be regularly removed from the Property and shall not be allowed to accumulate thereon. Trash, garbage and other waste shall not be kept except in sanitary containers. All equipment for the storage or disposal of such materials shall be -93- -?R- iYD7\'t:'11'"'j1_ ,-,T":'1"r"\,.,.,.,....,...II'"_____ _ kept in a clean and sanitary condition. All equipment, garbage cans, wood piles or storage piles shall be kept screened and sealed from view of other Lots, streets and Common Areas. No toxic or hazardous materials shall be disposed of wi thin the proj ect by dumping in the garbage containers or down the drains, or otherwise, other than those required, in' limited quantities, for the normal cleaning of a Lot or any structure thereon. Section 6 .6 Radio and Television Antennas; Data Communication. No Owner shall alter or modify a central radio antennar television antenna system, cable television system, data communication system or satellite dish, if any, as developed by Declarant and as maintained by the Association! without the permission of the Board. No Owner shall construct and/or use and operate his own external radio, television antenna or satellite dish without the approval of the Board~ except that the Board may not prohibit or restrict the construction and or/use of a satellite dish having a diameter or diagonal measurement of one (1) meter or less which is located within a Lot or a balcony area appurtenant to the improvements located thereon. Notwithstanding the foregoing! the Board may impose reasonable restrictions for the installation and use of a video or television antenna, including a satellite dish, that do not significantly increase the cost of the system or significantly decrease its efficiency or performance! as set forth in Civil Code Section 1376. If the Board requires approval for the installation of such antenna or satellite dish, the application for approval shall be processed in the same manner as an applicatioti for architectural modification and:~he issuance of a decision on the application shall not=be'_wIllfully' delayed. '" - ---'-" Section 6.7 Riqht to Lease. Owners shall be entitled to rent or lease their Lot provided that: (a) Not less than the entire Lot is rented or leased. Nothing contained in this Section 6.7(a) shall be construed to prohibit roommates. (b) The lease term is for a period of not less than thirty (30) days. (c) Any lease or occupancy agreement for a Lot shall be in writing and shall specifically provide that it is subject to the Project Documents, and that violation or infraction of the Project Documents shall constitute-a, default thereunder. The, Owner shall remain liable for any violation or infraction of the proj ect Documents by the tenant. Section 6.8 Vehicle Restrictions. No trailer r camper, mobile homer commercial vehicler truck (other than standard size pickup truck or standard size van), boat r inoperable automobile or similar equipment shall 'be permitted to remain upon any area of the Property other than on a temporary basis, unless placed or -94- maintained within an enclosed garage. Commercial vehicles shall not include sedans (or standard vans or pickup trucks) which are used both for business and personal use, provided that any signs or markings of a commercial nature. on such vehicles shall be unobtrusive and inoffensive, as determined by the Board. No noisy or smoky vehicles shall be operated upon the Property. No unlicensed motor vehicles shall be operated upon the Property. The Association may install a sign at each vehicular entrance to the Project, containing a statement that public parking is prohibited and that all vehicles not authorized to park on the Project will be removed at the owner's expense. The sign shall contain the telephone number of the local traffic law enforcement agency and shall not be less than seventeen (17) x twenty-two (22) inches in size with lettering not less than one (1) inch in height. The Association may cause the removal of any vehicle wrongfully parked on the Property, including a vehicle owned by an occupant. If the identity of the registered owner of the vehicle is known or readily ascertainable., the President of the Association or his or her designee shall, within a reasonable time thereafterr notify the owner of the removal in writing by personal delivery or first class mail. In addi tion, notice of the removal shall be .gi ven to the local traffic law enforcement agency immediately after the vehicle has been removed. The notice shall include a description. of the. vehicle, the license plate number and the address from where the vehicle was removed. tl_._t.b~ identity of the owner is - .onQf=--=-kriown or readily asc.ertainable and the vehicle has not been returned to the owner within one hundred twenty (120) hours after its removal, the Association immediately shall send or cause to be sent a written report of the removal by mail to the California Department of Justice in Sacramento, California, and shall file a copy of the notice with the proprietor of the public garage in which the vehicle is stored. The report shall be made on a form furnished by the Department of Justice and shall include a complete description of the vehicle, the date, time and place from which the vehicle was removed, the amount of mileage on the vehicle at the time of removal, the grounds for removal and the name of the garage or place where the vehicle is stored. Notwithstanding the foregoing, the Association may cause the removal, wi thout notice, of any vehicle parked (1) in a marked fire lane, (2) within fifteen (15) feet oof a fire hydrant, (3) in.. a parking space designated for handicapped, without proper authority, or (4) in a manner which interferes with any entrance to, or exit from, the Project or any Loti parking space or garage located thereon. The Association shall not be liable for any damages incurred by the vehicle owner because of the removal in compliance with this Section or for any damage to the vehicle caused by the removal, unless such damage resulted from the intent~onal or negligent act -95- - ~ n - TI'D 7\ 'C'lj'l . r""I.....T"'\lTl,-,,, ......--__ _ of the Association or any person causing the removal of r or actually removingr the vehicle. If requested by the owner of the vehicle, the Association shall state the grounds for the removal of the vehicle. Section 6.9 Parkinq. All Common Area parking spaces which are nei ther Excl usi ve Use Common Areas conveyed as easements appurtenant to a Lot or assigned by the Association for specific use r shall remain permanently available for guest parking. Parking spaces shall be used for parking of permitted vehicles only and not for the permanent parking or storage of boatsr trailers or nonmobile vehicles of any description. Garage or carport space may not be converted into any use (such as recreational rooms or storage areas) that would prevent its use as a parking area for the number of vehicles for which the area was originally intended. The Association shall establish rules and regulations regarding the use of unassigned parking areas in the Common Area. Use by Owners of such unassigned parking areas shall only be valid if established by the Association and such use must be set forth in writing by the Association. Any permission given by the Association pur~uant to the foregoing shall create a license only r said license to be revocable upon five (5) days written notice from the Association. Section 6.10 Window Covering. Window coverings on windows visible from the street shall be restricted to drapes, curtainsr shutters or blinds of a neutral or white colorr unless expressly approved by' the Association. 'I.- ~. Section 6.11 Clothes-tiries. No exterior clothes lin~~~s4~JJ be erected or maintained and there shall be no outside laundering or drying of clothes. No draping of towels, carpets or laundry over railings shall be allowed. Section 6.12 Power Eauipment and Car Maintenance. No power equipment r hobby shops r or car maintenance or boat maintenance (except in emergency situations) shall be permitted on the Property, except with prior written consent of the Board. The Board shall consider the following factors in determining whether to grant or deny approval: effects of noiser air pollutionr dirt or grease, fire hazardr interference with radio or television receptionr and similar issues. Section 6.13 Liabilitv of Owners for Damaqe to Common Area. The Owner of each Lot_. shall be liable to the Associ.ati.onfor ..all. damage to the Common Arear or improvements thereonr caused by such Owner or Owner's agent, any occupant, inviteer guest or petr except for that portion, if anYr fully covered by insurance. Liability of an Owner shall be established only after notice to the Owner and hearing before the Board. Section 6.14 Hazardous Materials. An Owner shall not use or keep on a Lot any kerosene, gasoline or inflammable or combustible -96- -3l- DR~P~~ qRP~RMQPP , ") f"\ f"\ .11 fluid or material or other hazardous materials! other than those required! in limited quantities! for the normal cleaning or landscaping work. ARTICLE VII ARCHITECTURAL CONTROL Section 7.1 Approval of Plans. No building! fence! wall! pool! spa! obstruction! outside or exterior wiring! balcony, deck, screen! patio, patio covert tent awning! carport, carport cover! trellis, improvement or structure of any kind shall be commenced! installed, erected, painted or maintained upon the Property, nor shall any alteration or improvement of any kind be made thereto! or to the exterior of any residence! until the same has been approved in writing by the Architectural Control Committee appointed by the Board, pursuant to Section 7-.2 hereof. Notwithstanding the foregoing! an Owner may' improve or alter any improvements located within the interior boundaries of the building located on such Owner's Lot. Plans and specifications showing the nature! ki.nd, shape! color! size, materials and location of such improvements, alterations! .etc., shall be submitted to the Architectural Control Committee for approval as to quality of workmanship and design and harmony with all improvements located in the Project! and as to IQ~c;J:igI1. in r~lation to surroundipg ~i:=!;uc:!;-q.res !'t:opography and finish-grade elevation. No fence or wall-.-shall be erectedl placed or altered. on any Lot nearer to' any street than the minimum building set back line. No permission or approval shall be required to repaint in accordance with Declarant's original color scheme previously approved by the Committee! or to rebuild in accordance with plans and specifications previously approved by the Committee. Nothing contained herein shall be construed to limit the right of an Owner to remodel the interior of his residence! or to paint the interior of his residence any color desired. Section 7.2 Architectural Control Committee Action. The Architectural Control Committee shall consist of three (3) members. Declarant may appoint all of the original members of the Co~mittee and all replacements until the first anniversary of the issuance of the original final public report for the Project. The Declarant reserves to itself the power too appoint 'a maj'ori ty of the members to the Committee until ninety percent (90%) of all the Lots in the Project have been sold or until the fifth anniversary of the issuance of . the final public report for the proj ect! whichever first occurs. After one (1) year from the date of issuance of the original public report for the project, the Board shall have the power to appoint at least one (1) member to the Committee until ninety percent (90%) of all the Lots in the Project have been sold or until the fifth anniversary date of the issuance of the original -97- -32- DRAFT~ ~RP~RMPRP 1 ~nn~ final public report for the proj ect, whichever first occurs. Thereafter, the Board shall have the power to appoint 'all of the members of the Architectural Control Committee. In the event of death or resignation of any Committee member, said member's replacement shall be appointed by whomever (the Board or Declarant) appointed that member. A majority of the members of the Committee may appoint a single member to act for it. Neither the members of the Committee nor its designated representative shall be entitled to any compensation for services performed pursuant thereto. In the event the Committee fails to approve or disapprove plans and specifications within thirty (30) days after the same have been submitted to it, approval will not be required and the related covenants shall be deemed to have been fully complied with. Section 7.3 Landscaping. No landscaping of patios or yards or portions of Lots visible from the street or from any Common Area shall be undertaken by any Owner until plans and specifications showing the nature, kind, shape, and location of the materials shall have been submitted to and approved in writing by the Archit.ectural Control Committee. Section 7.4 Governmental Approval. Before commencement of any alteration or improvements approved by the Architectural Control Committee, the Owner shall comply with all appropriate governmental laws and regulations. Approval by the Commi ttee does not .satisfy the appropriate approvals that may be required by any governmental entity with appropriate jurisdiction. .'t'l '"'\. ARTICLE VIII GENERAL PROVISIONS Section 8.1 Enforcement: Mandatory Al ternative Dispute Resolutiori: Mandatory Arbitration: Optional Dispute Resolution: Judicial Reference: Civil Code Section 896 Compliance. (a) Riqht to Enforce. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equi ty, all restrictions, condi tions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of the proj ect 'Documents, or decisions made by the Association pursuant to the provisions of the Project Documents, and in such action shall be entitled to recover reasonable attorneys' fees as are ordered by the Court. Failure by the Association or by any Owner to enforce any covenant or restriction contained herein shall in no event be deemed a waiver of the rights to so do thereafter. (b) Mandatory Alternative Dispute Resolution. Prior to the filing by either the Association or an Owner of a civil action -98- -33- DRAFT~ ~~P~RMPPD , '1(\(\/1 related to the enforcement of the Project Documents (i) solely for declaratory relief, or (ii) solely for injunctive relief, or (iii) for declaratory relief or injunctive relief in conjunction with a claim for monetary damages not in excess of five thousand dollars ($5,000), the parties shall endeavor to submit their dispute to a form of alternative dispute resolution such as mediation or arbitration (collectively, "alternative dispute resolution proceedings"), as required by Section 1354 (b) of the California Civil Code. As provided therein: i. The form of alternative dispute resolution chosen may be binding or nonbinding at the option of the parties. ii. Any party to such a dispute may initiate the process by serving on another party to the dispute a Request for Resolution. The Request for Resolution shall include (1) a brief description of the dispute, (2) a request for alternative dispute resolution, and (3) a notice that the party receiving the Request for Resolution is required to respond within thirty (30) days of receipt or it will be deemed rejected. Service of the Request for Resolution shall be .as required by Section 1354 (b) . iii. Parties receiving a Request for Resolution shall have thirty (30) days following service of the Request for Resolution to accept or reject alternative dispute resolution and, if the Request is not accepted within said thirty (30) day period by a party, it shall be deemed rejected by that party. ,. ."';. iv. If alternative'-di-spute re'solution is accepted by a party, it shall be. completea-- wi fhin. ninety (90) days of receipt of the acceptance by the party initiating the Request, unless extended by written stipulation signed by both parties. v. The costs of the alternative dispute resolution shall be borne by the parties. Any such action filed by the Association or an Owner shall be subject to the provisions of Section 1354 (b) , and failure by any Owner or the Association to comply with the prefiling requirements of Section 1354 (b) may result in the loss by the Association or any such Owner of the right to sue to enforce the Project Documents. (c) Mandatorv Arbitration of Claims Aqainst Declarant. Notwithstanding California Code of Civi.l Procedure Section 1298.7, any controversy or claim between or among Declarant, as the builder of the Project, on the one hand, and either the Association or any Owner, on the other hand, relating to the design or construction of proj ect, shall be submi tted to binding arbi tration before the American Arbi tration Association ("AAAIl) or Judicial Arbitration and Mediation Service/Endispute (IlJAMS"), as provided in this subsection (c). The entity selected by the parties is hereinafter referred to as the "Arbitrating Entity", and if the parties are -99- -34- DRAFT~ ~RP~RMPRP 1 ~nn~ unable to agree on the Arbitrating Entity, the dispute shall be arbitrated before AAA. i. The parties shall comply with the requirements of California Civil Code Division 2, Part 2, Title 7, Chapter 4, (Sections 910 through 938, inclusive), which are hereinafter referred to as the "Non-Adversarial Procedures" , prior to initiating arbitration proceedings under this subsection (c) or reference proceedings under subsection (e) below. ii. The arbitration shall be conducted in accordance with the commercial arbitration rules of AAA or the Streamlined or Comprehensive Rules and Regulations of JAMS, as the case may be, modified, in the case of AAA. by a written agreement to vary procedures and in the case of JAMS by party- agreed procedures, as follows: A. Declarant shall advance the fees necessary to initiate the arbitration, with ongoing costs and fees to be paid as agreed by the parties and, if they cannot agree, as determined by the arbitrator; provided, however; that the costs and fees of the arbitration shall be ultimately borne as determined by the arbitrator. B. There shall be only one arbi trator who. shall be 'selected by mutual agreement of the parties within thirty (30) days of the administrator of the Arbitrating Entity receiving a written request from a party to "arbitrate the controversy or claim. The arb{frat-c;i: shall be a neutral and imp arti aI=-indIvi dual , and the provisions of California Code of Civil Procedure Section 1297 .121 shall apply to the selection of the arbi trator. An arbitrator may be challenged on any of the grounds listed in California Code of Civil Procedure Sections 1297.121 or 1297.124. If the parties are unable to agree on an arbitrator, the Arbitrating Entity shall select the arbitrator. C. The venue of the arbitration shall be the county in which the Project is located unless the parties agree to some other location. D. The arbitrator shall apply California substantive law in rendering a final decision. The arbitrator shall have the power to grant all legal and equitable remedies and award compensatory damages, but shall not have the power to award punitive damages. E. Discovery shall be allowed pursuant to California Code of Civil Procedure Section 1283.05, and arbitration of any matter pursuant to this Section shall not be deemed a waiver of the attorney-client or attorney-work product privilege in any way. -100- iii. The parties agree to be bound by the decision of the arbitrator[ which shall be final and non-appealable. Judgment upon the decision rendered by the arbi trator may be entered in any court having proper jurisdiction or application may be made to such court for judicial acceptance of the award and an order of enforcement. If a party refuses to arbitrate [ the other party may seek a court order compelling arbitration. (d) Optional Alternative Dispute Resolution. In addition to the requirements of Sections 8.1(b) and (c) above [ the Association may perform any act reasonably necessary to resolve any civil claim or action through alternative dispute resolution proceedings [ including, without limitation[ the following: i. Provide advance notice of the Association I s intent to initiate the prosecution of any civil action. ~~. After initiating the prosecution or defense of any civil action[ meet and confer with every person who is a party. iii. Consider diversion of the prosecution or defense of any civil action to alternative dispute resolution proceedings. iv. Agree to both participate in alternative dispute resolution proceedings and .pay costs therefor incurred by the Association. .~, ..... (e) Judicial Reference6f-Claims Aqainst Declarant. In the event that the mandatory arbitration provision of subsection (c) hereinabove is unenforceable for whatever reason[ then[ after compliance by the parties with the Non-Adversarial Procedures, any controversy or claim referenced therein shall be adjudicated by using -,voluntary judicial reference in accordance with the provisions of Code of Civil Procedure sections 638 - 645 or any successor statutes. The parties shall use a general referee acceptable to both parties, or[ if the parties cannot agree [ any party may petition the Superior Court of the County of San Mateo for appointment of a general referee by the presiding judge. The parties shall cooperate in good faith to ensure that all necessary and appropriate parties are included in the judicial reference proceeding. Declarant shall not be required to participate-in the judicial reference proceeding unless Declarant is satisfied that all necessary and appropriate. parties will participate. The judicial reference shall be a general reference. The general referee shall have the authority to try any or all of the issues in the proceeding whether of fact or of law[ and to report a statement of decision thereon. Neither the referee nor any party shall have the right to impanel a jury. Each party retains the same appeal rights of the referee[s.decision as if the decision were rendered by a trial court judge. -101- -36- DRAFT: SEP~RM~RR 1 ?nn~ (f) Civil Code Section 896 Compliance. For any claim for defective construction filed by the Association or any Owner under subsection (c) above (or subsection (e) where the provisions of subsection (c) are unenforceable), where the claim should seek to enforce compliance by the builderl developer or subdivider with the functionality standards of California Civil Code Section 896 (including any successor statute), the Association shall only have the authority to enforce such compliance with respect to the Common Areas only. The Association or any Owner hereby waives any and all implied warranties with respect to all functions and/or components which are specified in California Civil Code Section 896 (including any successor statute) . Section 8 .2 Invalidi tv of anv Provision. Should any provision or portion of any Project Document be declared invalid or in conflict with any law of the j~risdiction in which this Project is situated, the validity of all the remaining provisions and portions thereof shall remain unaffected and in full force and effect. Section 8.3 Term. The covenantsl conditions and restrictions of this Declaration shall run with and bind the Property and shall inure to the benefit of and shall be' enforceable by the Association or the Owner of any property subject to.this Declaration, their respective legal representatives, heirs, successors and assigns for a term of thirty (30) years from the date that this Declaration is recorded, after which time, these covenants, conditions and restrictions shall be automatically"extended for successive periods of ten (lb)=:_.~yeai.s I' unle'ss an instrument in wrffIjig~' .signeef by seventy-five percent (75%) of the then Owners of the Lots (and approved by first mortgagees in accordance with Section 8.6.) has been recorded within the year preceding the year of each successive period of ten (10) years, agreeing to change such covenants and restrictions, in whole or in part, or to terminate them. Section 8.4 Amendments. This Declaration may be amended only by the affirmative vote of seventy-five percent (75%) of each class of the Association Members, if the two class voting structure is stilI in effect. Under the single class voting structure, amendment of this Declaration shall require both the affirmative vote of seventy-five percent (75%) of the total voting power of the Association Members and a bare majority (51%) of the votes of Members other than Declarant, each Lot having one (1) vote. Inno event,. however, may any clause, provision or Section of this Declaration be amended by a percentage of voting power of the Association which is lower than the percentage of affirmative votes prescribed for action to be taken under that clause, provision or Section. All such amendments must be recorded and shall become effective upon being recorded in the Recorder's Office of the County of San Mateo. -102- -~7- np~~~. ~~~~~.~~_ _ Section 8.5 Encroachment Easements. Each Lot r as the dominant tenementr shall have an easement over adjoining Lots and Common Area, as the servient tenements, for the purpose of accommodating any encroachment due to foundationsr exterior wall, windows r roof overhang and fences or walls which are buil t in accordance with the original design, plans and specifications of Declarantr or due to engineering errorsr errors or adjustments in original constructionr settlement or shifting of any buildingr or similar causes. There shall be valid easements for the maintenance of said encroachments as long as they shall existr and the rights and obligations of Owners shall not be altered in any way by said encroachmentr settlement or shifting; providedr howeverr 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 intentional conduct ot said Owner or Ownersr other than adjustments by Declarant in the original construction. In the event a structure is partially or totally destroyedl and then repaired or rebuiltr the. Owners of each adjoining Lot agree that minor encroachments over adjoining Lots and Common Area shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. In the event that an .error in engineering r design or construction results in an encroachment of any building into the Common Areal. or into or onto an adjoining Lotr or into a required setback arear a correcting modification may be made in the Map. Said modification may be in the form of a certificate of correction executed by Declarant (so long as Declarant is the sole owner of the Property) and by Declarant I s .engineer and ny' the ci ty engineer. If the cor.:):ection occurs after ti ~l_e~--t.9' the Common Area has been conveyed '.~.,~__:-'~-~: to the Associationl the Association shall execute the certificate of correction. The Board of Directors'maYr by vote or written approval of a majori~y of the directorsr authorize the execution of the certificate of correction. Section 8.6 Mortqaqe Protection Provision. (a) Mortqaqe Permitted. Any Owner may encumber his Lot with a mortgage. The Exclusive Use Common Areasr if any I are a part of the Project and are covered by the mortgage at least to the same extent as are the Common Areas. All such areas are fully installed, completedr and in operation for use by the Owne~s. (b) Subordination. Any lien created or claimed under the provisions of ,this Declaration is expressly made subject and subordinate to the rights of any first mortgage that encumbers any Lotr made in good faith and for valuer and no such lien shall in any way defeatr invalidate or impair the obligation or priority of such mortgage, unless the mortgagee expressly subordinates his interest in writing to such lien. The transfer of ownership of a Lot as the result of the exercise of a power of sale or a judicial foreclosure involving a default under the first mortgager shall extinguish the lien of Assessments which were due and payable prior -103- -38- nR~p~. ~RP~RMOP~' ~~~A to the transfer of the ownership interest. No transfer of an ownership interest, as the result of a foreclosure or exercise of a power of sale, shall relieve the new Owner, whether it be the former mortgagee or beneficiary of the first mortgage or another person, from liability for any Assessments thereafter becoming due or from the lien thereof. All taxes, assessments and charges which may become liens prior to the firstmortg~ge under local law shall relate only to the individual Lots and not to the Project as a whole. (c) Amendment. No amendment to the Project Documents shall affect the rights of any mortgagee under any mortgage made in good faith and for value and recorded before the recordation of any such amendment, unless a mortgagee ei ther joins in the execution of the amendment or approves it in writing as a part of such amendment. (d) Restrictions on Certain Chanqes. i. Unless sixty-.seven percent (67%) of all first mortgagees of Lots (based on one vote for each first 'Mortgage owned) and sixty-seven percent (67%) of Owners (other than Declarant or sponsors, developersr or builders) have given their prior written approval (unless a higher percentage is required by a specific provision of this Declaration)r neither the Association nor the Owners shall be entitled: A. By act or"'omission to seek to abandon or terminate, '.'_the:" proj ect, except for aba:ndonmen't".~p'ioY:ided by s'tatute in case of substantial loss to the Lots and the Common Area. B. To change the obligations of any Lot for purposes of levying Assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards. C. To partition or subdivide any Lot. D. By act or omission to seek to abandon, partitionr subdivider encumber, sellar transfer the Common Area. The granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Area by the Association or the Owners shall not be deemed a transfer within the meaning of this subparagraph. . E. To use hazard. insurance, proceeds for losses to Lots or Common Area for other than the repair, replacement or reconstruction of improvements, except as provided by statute in case of substantial loss to the Lots or Common Area of the proj ect '. ii. A. Unless a higher percentage is required by a specific provision of this Declaration, the consent of sixty- seven percent (67%) of Owners and the approval of Eligible -104- Mortgagees holding mortgages on Lots which have at least fifty-one- percent (51%) of the votes of Lots subject to mortgages held by Eligible Mortgagees shall be required to add or amend any material provisions of the Project Documents which establish, provide for, govern, or regulate any of the following: (1) voting; (2) increases in Assessments that' raise the previously assessed amount by more than twenty-five percent (25%), Assessment liens or the priority of such liens; (3) reductions in reserves for maintenance, repair and replacement of the Common Area; (4) insurance requirements; (5) reallocation of the interests in the Common Area or the Exclusive Use Common Areas or rights to their use; (6) responsibility for maintenance and repair; (7) expansion or contraction of the Project or the addition, annexation, or wi thdrawal of property to or from the proj ect; (8) the redefini tion of boundaries of any Lot; (9) restoration or repair 'of the Project (after damage or partial condemnation) in a manner other than that specified herein; (10) convertibility of Lots into Common Area or of Common Area into Lots; (11) imposition of any restriction on the leasing of Lots; (12) imposition of any right of first refusal or similar restriction on the right of a Lot Owner to sell, transfer, or otherwise convey his Loti and (13) any provisions which are for the express benefit of Eligible Mortgagees or Eligible Insurers or Guarantors. B. An addition or amendment to such document shall not be considered material if it is for the purpose' of correcting technical errors, or for clarification only. Any Eligible Mortgagee who" Feg~iy~_s. ..'6:' written request to app~g'y_e__,_ additions or amendments - .who___does not deliver or post to -_the__.. requesting party a negative response within thirty (30) days shall be deemed to have approved such request. iii. Unless the prior consent of sixty-seven percent (67%) of Owners and approval of Eligible Mortgagees holding mortgages on Lots which have at least sixty-seven percent (67%) of the votes of Lots subject to mortgages held by Eligible Mortgagees has been obtainedr neither the Association nor the Owners shall be entitled to terminate the legal status of the Project as a planned development; except that the approval of only fifty-one percent (51%) of Eligible Mortgagees shall be required to terminate the legal status of the Proj ect after substantial destruction or a substantial taking in condemnation. (e) Riqht t.o -Examine 'Books and Records. The Associat-ion shall make available to Owners and first mortgagees (and insurers or guarantors of any first 'mortgage) r current copies of the Proj ect Documents and the booksr recordsr and financial statements of the Association. "Available II means available for inspection and copyingr upon request, during normal business hours or under other reasonable circumstances. The Association may impose a fee for providing the foregoing which may not exceed the reasonable cost to prepare and reproduce the requested documents. Any first mortgagee . -105- shall be entitled, on written request, to have an audited financial statement for the immediately preceding fiscal yearl prepared at its expense if one is not otherwise available. Such statement shall be furnished within a reasonable time following such request. (f) Distribution of Insurance and Condemnation Proceeds. No Owner 1 or any other partYI shall have priority over any right of first mortgagees of Lots pursuant to their mortgages in case of a distribution to Owners of insurance proceeds or condemnation awards for losses to or taking of Lots or Common Area. Any provision to the contrary in this Declaration or in the Bylaws or other documents relating to the Project is to such extent void. All applicable fire and all physical loss or extended coverage insurance policies shall contain loss payable clauses acceptable to the affected mortgagees naming the mortgagees 1 as their interests may appear. (g) Notice to Mortoaoees of Record. On receipt of written request to the Association from any Eligible Mortgagee or Eligible Insurer or Guarantor 1 identifying both its name and address and the Lot number or address of the Lot on which it has the mortgage, the Association shall give written notice to each Eligible Mortgagee or Eligible Insurer or Guarantor of the following: i. Any loss to any Lot covered by such mortgage, if such loss exceeds one thousand ~ollars ($1,000), or any taking of such Lot; .,. .... ~~. Any loss to the Common Area, if such loss exceeds five thousand dollars ($5/000) 1 or any taking of the Common Area; iii. Any default by the Owner of any Lot covered by such mortgage under any provision of this Declaration or any other provision of the Bylaws .or rules and regulations adopted by the Association, which default is not cured within sixty (60) days after written notice to such Owner (such notice to include the fact that said sixty (60) day period has expired); iv. Any lapse, cancellation, or modification of any insurance policy or fidelity maintained by the Association; and material insurance v. Any proposed action which would require the consent of a specified percentage of Eligible Mortgagees as specified in Section 8.6 (d) (ii) . (h) Effect of Breach. No breach of any provision of this Declaration shall invalidate the lien of any mortgage on any Lot made in good faith and for valuel but all covenants, conditions -106- and restrictions shall be binding on any Owner whose title is derived through foreclosure sale, trustee's sale, or otherwise. (i) Foreclosure. If any Lot is encumbered by a first mortgage made in good faith and for value, the foreclosure of any lien created by any provision set forth in this Declaration for Assessments, or installments of Assessments, shall not operate to affect or impair the lien of the first mortgage. On foreclosure of the first mortgage, the lien of Assessments, or installments, that have accrued up to the time of foreclosure shall be subordinate to the lien of the first mortgage, with the foreclosure-purchaser taking title to the Lot free of the lien for Assessments, or installments, that have accrued ~p to the time of the foreclosure sale. On taking title to the Lot, the foreclosure-purchaser shall only be obligated to pay Assessments or other charges levied or assessed by the Association after the foreclosure-purchaser acquired title to the Lot. The subsequently levied Assessments or other charges may include previously unpaid Assessmentsi provided all Owners, including the foreclosure-purchaser, and his successors and assigns, are required to pay their proportionate share, as provided in this Section. (j) Appearance at Meetinqs. Because of its financ~al interest in the Project, any mortgagee may appear at meetings of the Members and the Board to draw attention to violations of this Declaration that have not been corrected or made subject to remedial proceedings or Assessments. .,J ..... (k) Riqht to-.FUrnish Anv. Information. Any rnortgo:g~~..1Jlay furnish information to the Board concerning the status of any mortgage. (1) Inapplicabilitv of Riqht of First Refusal to Mortoaqee. The Project Documents contain no right of first refusal or similar restriction on the right of an Owner to sell, transfer or otherwise convey the Owner I sLot. No such right of first refusal or similar right shall be granted to the Association in the future without the consent of any mortgagee of the Lot. Any.right of first refusal or similar right that may be granted to the Association (or other person or entity) shall not apply to any conveyance or transfer of title to such Lot, whether voluntary or involuntary, to a mortgagee who acquires title to or ownership of the Lot, pursuant to the remedies provided in its mortgage, or by reason of foreclosure.of. the mortgage or deed (or assignment) in lieu of foreclosure. In addition, said right of first refusal or similar right shall not impair the rights of a mortgagee to sell or lease a Lot acquired by the Mortgagee. (m) PaYment of Taxes or Insurance bv Mortqaqees. First mortgagees may, jointly or singly, pay taxes or other charges which are in default and which mayor have become a charge against the Common Area, and may pay overdue premiums on hazard insurance -107- - 4? - nR Zl. Rrr. C'P'D""'"C'T\IIT'l'r./T"l ., policies, or secure new hazard insurance coverage on the lapse of a policy, ~or such Common Area i provided such first mortgagees making such payment have given notice to the Association prior to the making of such payment (s) and the Association has failed to pay the same. Section 8.7 Owner's Riqht and Obliqations to Maintain and Repair. Except for those portions of the proj ect that the Association is required to maintain and repair, each Owner shall at his sole cost and expense, maintain and repair his Lot and the improvements thereon, including landscaping, keeping the same in good condition including structural repairs to his residence, including, without limitation, the foundation, walls and roofs. Each Owner shall keep those portions of Exclusive Use Common Areas,' if any, to which he has an exclusive easement or licenser clean and neat. In the event that an Owner fails to maintain his Lot and the improvements thereon, including landscapingr in a manner which the Board deems necessary to preserve the appearance and value of the Property, the Board may notify the Owner of the work required and request that it be done wi.thin sixty (60) days from the giving of such notice. In the event the Owner fails to carry out such maintenance or 'repair within such $ixty (60) day periodr the Board may give notice and hold a hearing and cause such work to be done and may specially assess the cost thereof to such Owner andr if necessary, place a lien on his Lot for the amount thereof. Section 8.8 Entrv for Repairs. The Board or its appointed agents may ent.er upon any Lot when necessary in connection with any m~:i.nt~n~ncer repair or construction 1or_.xb.i~ch the' Association is responsible. Such entry shall be made wi th as Ii ttle inconvenience to the Owner as is practicabler, and any damage caused thereby shall be repaired by the Board at the expense of the Association. Except in the case of any emergency, forty-eight (48) hour advance notice shall be given to the Ow~er or occupant prior to any such entry. Section 8.9 Damaqe or Destruction. If any Project improvement, including a residence, is damaged or destroyed by fire or other casualty, the improvement shall be repaired or reconstructed substantially in accordance with the original as -buil t plans and specifications 1 modified as may be required by applicable building codes and regulations in force at the time of such repair or reconstruction and subject to such alt.erations or upgrades as may be .appr:oved by the Architectural Control Committee, unless either of the following occurs: (1) The cost of repair or reconstruction is more than fifty percent (50%) of the current replacement costs of all proj ect improvements 1 available insurance proceeds are not sufficient to pay for at least eighty-five percent (85%) of the cost of such repairs or reconstructionsr and three-fourths (3/4ths) of the total voting power of the Association residing in Members and their first mortgagees vote against such repair and reconstruction; or (2) -108- -43 - DRAFT ~ f=:RP'T'k"M't::n::;''D 1 '"') f\ f\ /1 available insurance proceeds are not sufficient to substantially repair or reconstruct the improvements within a reasonable time as determined by the Boardr a Special Assessment levied. to supplement the insurance fails to receive the requisite approval (if such approval is required) as provided hereinr and the Boardr without the requirement of approval by the Ownersr is unable to supplement the insurance by borrowing on behalf of t.he Association sufficient monies to enable the improvements to be substantially repaired or reconstructed within a reasonable time. In the case of damage or destruction of improvements located on a Lotr whether by firer earthquake or other causesr the Owner of that Lot and improvements is responsible for the cost of reconstruction that is not covered by insurance or is within the deductible amount. If an Owner fails to pay the cost of reconstructionr' the Association may elect to pay for the uninsured portion of the cost and shall have the right to assess the Owner for the cost thereof and to enforce the Assessment as provided in this Declaration. If the Project improvement is to be repaired or reconstructe~ . and the cost for the repair or reconstruction is in excess of twenty-five percent (25%) of the current replacement cost of all the Project improvementsr the Board shall designate a construction consultantr a general contractorr and an architect for the repair or reconstruction. All insurance proceeds, Association monies allocated for the repair or reconstruction, and any borrowing by the Association for the repair or reConstruction shall be deposited wi th a commerci.a,:C_~'~.~lending institution experienced .. :Iri~~' - the disbursement of construction loan funds (the "depository"), as selected by the Board. Funds shall be disbursed in accordance with the normal construction loan practices of the depository that require, as a minimum, that the construction consultantr general contractor and architect certify with ten (10) days prior to any disbursement substantially the following: (a)' That all of the work completed as of the date of such request for disbursement has been done in compliance with the approved plans and specificationi (b) That such disbursement request: (1) rep~esents monies which either have been paid by or on behalf of the construction consultant] the general contractor or the architect and/ or are justly. due .to contractors, subcontractors; material meni engineers or other persons (whose name and address shall be stated) r who have rendered or furnished certain services or materials for the worki (2) gives a brief description of such services or materials for the work and the principle subdivisions or categories thereof and the respective amounts paid or due to each of said persons in respect thereof i and (3) states the progress of the work up to the date of said certificate; -109- -LlLl_ T"\'t':>7\T':1r'T'1 ,..,.,.....,~,...,..,_...____ (c) That the sum then requested to be disbursed, plus all sums previously disbursed, does not exceed the cost of the work insofa~ as actually accomplished up to the date of such certificate; (d) That rio part of the cost of the services and materials described in the foregoing subparagraph (a) has been or is being made the basis of the disbursement of any funds in any previous or then pending application; and (e) That the amount held by the depository, after payment of the amount requested in the pending disbursement request, will be sufficient to pay in full the costs necessary to complete the repair or reconstruction. If the cost of repair or reconstruction is less than twenty- five percent (25%) of the current replacement cost of all the Project improvements, the Board shall disburse the available funds for the repair and reconstruction under such procedures as. the Board deems appropriate under the circumstances. If the Proj ect improvement is not repaired or reconstructed in accordance with the foregoing, all available insurance proce,eds shall be disbursed among all Owners and their respective mortgagees in the same proportion that the- Owners, are assessed, subj ect to the rights of the Owners' mortgagees. .c; "\". ..~..--~~-:- - 'If the failure to repair or ~ec~Qri~t_iii.9t_ resul ts in a material alteration of the use of the Project from its use immediately preceding the damage or destruction, as determined by the Board (a material alteration shall be conclusively presumed if repair or reconstruction costs exceed twenty-five percent (25%) of the current replacement cost of all the Proj ect improvements)" the Proj ect shall be sold in its entirety under such 'terms and conditions as the Board deems appropriate. If any Owner or first mortgagee disputes the Board I s determination as to a material alteration, the dispute shall be submitted to arbitration, pursuant to the rules of the American Arbitration Association, and the decision of the arbitrator shall be conclusive and binding on all Owners and their mortgagees. If the Project is sold, the sales proceeds shall be -distributed to all Owners and their. respective mortgagees in proportion to the respective fair market values of their Lots, as of the date immediately preceding the date of damage or destruction, as determined by a qualified independent appraiser selected by the Board. For the purpose of effecting a sale under this Section, each Owner grants to the Association an irrevocable power of attorney to sell the entire Project for the benefit ,of the Owners, to terminate the Declaration and to dissolve the Association. In the event the Association fails to take the -110- - 45 - nR ZI. R'T' . C''DT'lIj'''lT'':11\/lTI'r.'l'''''' ... necessary steps to sell the entire Project as required hereunder within sixty (60) days following the date of a determination by the Board or arbitrator of a material alteration, or within one hundred twenty (120) days following the date of damage or destruction if the Board has failed to make a determination as to a material alteration, any Owner may file an action in a court of appropriate jurisdiction for an order requiring the sale of the Project and distribution of.the proceeds in accordance with this Section~ Section 8.10 Condemnation. If all or any part of a Lot (except the Common Area) is taken by eminent domainl the award shall be disbursed to the Owner of the Loti subject to the rights of the Owner's mortgagees. If the taking renders the Lot uninhabitable I the Owner shall be divested of any further interest in the Project, including membership in the Association. If all or any part of the Common Area- is taken by eminent dOmain I the proceeds of condemnation shall be used to restore or replace the portion of the Common Area affected by condemnation, if restoration or replacement is possiblel and any remaining funds, after payment of any and all fees and expenses incurred by the Association relating to such condemnation I shall be distributed among the Owners in the same proportion as such Owners are assessedl subject to the rights of mortgagees. If necessary, the-remaining portion of ~he Project shall be resurveyed to reflect such taking. The Association shall participate in the negotiations, settlements, and agreements with the condemning authority, and shall propose the method of division of the proceeds of condemnation, where Lots are not valued separately by the condemn~ng authority or by the court. TheAssociat~6n =~fi~rl"~epresent the Lot Owners in a;ny~=g9ilC;le-rimati6n proceedings or in negotiations I settlements and agreements with the condemning authority for acquisition of the Common Area, or any part thereof. Section 8.11 Owners' Compliance. Each Owner, tenant or occupant of a Lot shall comply with the provisions of this Declarationl the Bylaws, and the decisions and resolutions of the Association or its duly authorized representative I 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 or for injunctive relief. All agreements and determinations lawfully made by the Association, in accordance with the voting percentages established in this Declaration or in the Bylaws, shall be deemed to be binding on all Owners Df Lotsl their successors and assigns. Section 8.12 Limi tation of Restrictions on Declarant. Declarant is undertaking the work of constructing a planned development and incidental improvements upon the Property. The completion of that work and the sale, rental, and other disposal of Lots is essential to the establishment and welfare of said Property as. a residential community. In order that said work may be completed and said Property be established as a fully occupied -111- -46- nRnR~. QPn~~MD~~ ~ residential community as rapidly as possibler nothing in this Declaration shall be understood or construed to do the following: (a) Prevent Declarantr its contractorsr or subcontractorsr from doing on the Property or any Lotr whatever is reasonably necessary or advisable in connection with the completion of said worki or (b) Prevent Declarant or its representatives from erecting r constructing and maintaining on the Property (except upon Lots owned by others)r such structures as may be " reasonable and necessary for developing said Property as a residential community and disposing of the same by saler lease or otherwise; or (c) Prevent Declarant. from conducting on the Property (except upon Lots owned by others) its business of completing said work and of establishing a plan of residential ownership and of disposing of said Property in Lots by sale, lease or otherwise; or (d) Prevent Declarant from maintaining such sign or signs on the Property (except upon Lots owned by others) as may be necessary for the sale, lease or disposition thereof; or (e) Subject Declarant to the architectural control provisions of Article VII for construction of any residence or other improvements on the Property. The foregoing rights of Declar"ant shall terminate upon sale of .- ~.- Declarant's entire interest. in the=Project. So long as Declarant, or its successors and assigns, own one (1) or more of the Lots described hereinr Declarantr or its successors and assigns shall be subject to the provisions of this Declaration. Declarant shall make reasonable efforts to avoid disturbing the use and enjoyment of Lots and the; Common Area by their Ownersr while completing any work necessary to said Lots or Common Area. Section 8.13 Termination of Anv Responsibilitv of Declarant. In the event Declarant shall convey all of its rights, title and interest in and to the Property to any partnership, indivi9ual or individualsr corporation or corporationsr then and in such eventr Declarant shall be relieved of the performance of any further duty or- obI igation hereunder-; and such partnership r indi vidual or individualsr corporation or corporations shall be obligated to perform all such duties and obligations of the Declarant. Section 8.14 Notices. Any notice permitted or required by this Declaration or the Bylaws may be delivered either personally or by mail. If delivery is by mailr it shall be by first-class mail and shall be deemed to have been delivered seventy-two (72) hours after a copy of the same has been deposited in the United -112- -47- TIP!> k''T'. C''C'n".,'C'r./r,..,,..,,.., ., States mail { postage prepaid{ addressed to each person at the current address given by such person to the Secretary of the Board or addressed to the Lot of such person if no such address has been given to the Secretary. Section 8.15 Reauired Documentation. Declarant hereby agrees to furnish the Association with copies of all documentation required by California Department of Real Estate Regulations Section 2792.23 (a) within ninety (90) days after the close of escrow of the first interest in the subdivision. Members shall furnish subsequent purchasers with all documentation required by California Civil Code Sections 1367.1{ 1368 and 1375{ as well as. purchase documents and any maintenance manuals I schedules and procedures as referred to in Title 71 Part 21 Division 2 of the California Civil Code. Section 8.16 Obliqations. Special Provisions for Enforcement of Bonded (a) Special Procedures. Because certain Common Area improvements may' not have been completed prior to the date of exe.cution of this Declaration and by the date of the issuance of a final public report covering the Project, and because the Association is or may become obligee under a bond or other arrangement (hereafter II Bond II ) to secure the completion of such Common Area improvements { there are hereby created special procedures for the initiation of act~on to enforce the obligations of the Decl2iiq"nt. '~.and the" surety under any such lioiid-:-_~~~'..-" (b) Action bv Board. The Board is hereby directed to 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 within sixty (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 within thirty (30) days' after the expiration of the extension. (c) Meetinq of Members to Override Decision bv Board. A special-meeting .of Members of the Association for the purpose of voting to override a decision by the Board not to initiate action to enforce the obligations under the Bondi or on the failure of the Board to consider the question, shall be held not less than thirty-five (35) days nor more than forty-five (45) days after receipt by the Board of a petition for such a meeting signed by Members representing five percent (5%) or more of the total voting power of the Association. -113- - LI. A - n'P 1'1 t;' 'T' . C 1:" n.,.. 1:"1\ II"!:) 'C'l T'l ., (d) Vote bv Members at Special Meeting. At any meeting held under the provisions of section (c) abover a vote shall be taken by Members of the Association other than the Declarant. 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 Associationr and the Board shall thereafter implement this decision by initiating and pursuing appropriate action in the name of the Association. (e) Release of Bond. Upon satisfaction of the Declarant's obligation to complete the Common Area improvements, the Association shall acknowledge in writing that it approves the release of the Bond and execute any other documents as may be necessary to effect such release. The Association shall not condition its approval of the release of the Bond on the satisfaction of any condition, other than the completion of the Common Area improvements, as described on the planned construction statement appended to the Bond. Any dispute between the Declarant and the Association regarding the completion of the Common Area improvements shall be submitted to binding arbitration under the commercial rules of the American Arbitration Association and the prevailing party shall be entitled to recover costs, including reasonable attorneys. fees. IN WITNESS WHEREOF, the herein/ has executed this 200 undersigned, Declaration being the Declarant this day of Declarant: UNITED NGS LIMITED PARTNERSHIP, a California Limited Partnership By: Name Typed: Its CHAR.LES NG JUDY NG NGCH1\c\CCRs.9A4 -114- -4~- DRAFT: SEPTEMBER 1, 2004 STATE OF CALIFORNIA ss. COUNTY OF On Public in and for before me, the undersigned, a Notary said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature (s) on the instrument the person(s), or the entity upon behalf of which "the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Name (typed or printed) (This area for official notarial seal) -115- DRAFT: SEPTEMBER 1 _ ?nna STATE OF CALIFORNIA COUNTY OF ss. On Public in and for before me, the undersigned, a Notary said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ihey executed the same in his/her/their "authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Name (typed or printed) ~" ~" (This area for official notarial seal) -116- n~~p~. QPD~PMn~n ~ STATE OF CALIFORl'JIA ss. COUNTY OF . , ./ " On Publ i c in' and for before me, the undersigned, a Notary said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence,) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he.r/their authorized capac~ty (ies), and that by his/her/their signature (s) on the instrument the person(s) I or the entity upon behalf of which the person(s) acted, executed the instrument. ~ WITNESS my hand and official seal. S'ignature Name (typed or printed) or_ ''"1;, (This area for official notarial seal) -117- T\"L:l7\ T":"Ir"'M _ ,..,,....,~I""'!'-f.,-,'" ".___ '_ RO RMA OPERATING BUDGET! =iE 623 (Rev. 2/00) Form 10# 623002008015 ;TATEMENT OF GENERAL INFORMATION -his budget is provided as a Good Faith Estimate based on building plans available at the time of preparation which is generally lrior to construction and/or completion for new projects or from a combination of existing building plans and/or site inspections ::>r existing projects. For existing projects Actual Operating Experience and other historical data may have been used to levelop certain projected sources of Income and/or Expenses. "he subject Associaton must adopt an Operating Budget in accordance with applicable California Civil Codes to obtain a lubdivision Public R_eport issued by the State of California Department of Real Estate. If the Operating Budget provided to you as a Buyer is less than 10% or greater than 20% than the Budget amount referenced in the Subdivision's Public Report you should contact the Department of Real Estate. he Association, through its Board of Directors, may increase or decrease its Annual Operating Budget. It should be expected lat the costs of operations will increase as the Development ages. It should be further understood that it is the responsiblity of Ie Association, through its Board of Directors, to review both the Operating Expenses as well as the Initial Reserve Fund rojections after the first. year of operations to consider any changes which may have taken place during construction and initial' 3.les. UBDIVISION IDENTIFICATION AND LOCATION ORE FILE NUMBER (if known) DEPUTY ASSIGNED File (if known) NAME AND/OR TRACT NUMBER 111 CHESTNUT AVENUE STREET ADDRESS (if any) Undetermined ~ ~~AME TO BE USED IN ADVERTISING Same CITY COUNTY South San Francisco San Francisco MAIN ACCESS ROAD(s) Commercial Avenue to Chestnut Avenue NEAREST CITY !fOWN MILES FROM CITYITOWN NA NA :SCRIPTION OF SUBDIVISION NUMBER OF LOTS/UNITS PUD 8 PHASE TOTAL NUMBER NUMBER IN PROJECT 1 PREVIOUS DRE FILE NUMBER NA NUMBER OF ACRES 0.52 TYPE JDGET PREPARED BY JOHN H. BEATTY & ASSOCIATES ADDRESS Arden Anderson 925-277-8178 ZIP CODE 94583 CITY One Annabel Lane, Suite 100 San Ramon RTIFICA TION :leclare under penalty of perjury that the representations provided in this document and all documents >mitted as a part of this Proforma Annual Operating Budget are true and complete to the best of my lwledge and belief. ~ undersigned certifies that this electronic recreation of Department of Real Estate form RE 623 contains at ~t the same information as the DRE approved form ID 62300200B015. NATUREom~l J DATE -118- September 7.2004 RE 623(Rev. 2/00) . 623002008015 IMPROVEMENTS WORKSHEET 1. Number of buildings containing residential Units. 2. Estimated completion date for the residential Units included in this Phase. 3. Estimated completion date for the Common Area and facilities included in this Phase. 4. Type of residential building for this project (Le. high-rise, cluster, garden) etc.). 5. Type of construction for these buildings (Le" steel, concrete, wood frame, etc.). 6. Type of roof (Le" shake, etc.). 7. Type of paving used in the project. .~. .... 8. Type of exterior wall for residential buildings. - ~ 9. Number of residential Units per building. 10. Number of floors per building. 11. Number of bedrooms p.er Unit. 12. Square footage of units (List number and size of each Unit type). 13. Type of parking facilities and number of spaces (Le., detached garage, tuck-under, subterranean, carport, ,open, etc.) PHASED CONDOMINIUM PROJECTS ONLY 14. Have you submitted budgets for all Phases to be completed within the next three calendar years and a built-out budget? 15. If this .condominium project involves phasing with a single lot, submit a b.udget for each Phase plus a budget which will be used if future Phases are not completed. (Commonly referred to as a worst case budget). i / i Page 2 of 18 NA NA November 2005 NA NA NA Interlocking concrete bricks with concrete 'bands NA NA NA NA NA Each Residence will have its own two (2) car garage. Additionally there are eight (8) uncovered Guest Parking spaces. N/A N/A -119- 07/2004 RE623(Rev. 2/00) - 623002008015 Page 3 of 18 ANNUAL OPERATING BUDGET 111 CHESTNUT AVENUE HOMEOWNERS ASSOCIATION Annual Budget ....................................... First Fiscal Year Number of Units ......................................................... 8 INCOME ASSESSMENTS AND OTHER PER UNIT MONTHL Y ANNUAL ASSESSMENTS $189.29 $1,514.31 $18,172 Interest - Reserve Fund 0.00 0.00 0 TOTAL INCOME 189.29 1,514.31 $18,172 O\.. t~~ EXPENSES ADMINISTRATIVE Management Services 25.00 200.00 2,400 Accounting Services. Annual 3.65 29.17 350 Printing and Postage 1.75 14.00 16S- Memberships and Publications 1.88 15.00 180 Legal and Professional 7.81 62.50 750 State and Federal Taxes 0.00 0.00 0 Insurance - Package 24.74 197.92 2,375 Miscellaneous Administrative 1.94 15.56 187 TOTAL ADMINISTRATIVE 66.77 534.14 6,410 GENERAL MAINTENANCE Maintenance Services and Supplies Pest Control Service 7.81 0.00 62.50 0.00 750 o 09/07/2004 111 Chestnut Avenue . -120- / I / RE623(Rev. 2/00) . 623002008015 Page 4 of 18 GENERAL MAINTENANCE (continued) PER UNIT MONTHL Y ANNUAL Window Washing Services Miscellaneous General Maintenance 0.00 0.23 0.00 1.88 o 23 TOTAL GENERAL MAINTENANCE 8.05 64.38 n3 LANDSCAPING Landscaping Services. Monthly 40.63 325.00 3,900 Landscaping Services. Annual 4.06 32.50 390 Miscellaneous Landscaping 1.34 10.73 129 TOTAL LANDSCAPING 46.03 368.22 . 4,419 UTILITIES PG&E - Natural Gas .......:."'. 0.00 0.00 '0 PG&E - Electricity 19.58 156.63 1,880 Water 'and Sewer 5.68 45.42 545 . Refuse Collection 0.00 0.00 0 Cable Television Service 0.00. 0.00 0 Miscellaneous Utilities 1.26 . 10.10 121 TOT AL UTILITIES 26.52 212.15 2,54.6 TOTAL OPERATING EXPENSE $147.36 $1,178.89 $14,147 RESERVE CONTRIBUTION $41.93 $335.42 $4,025 TOTAL OPERATING AND RESERVES $189.29 $1,514.31 $1 8,172 09/07/2004 111 Chestnut Avenue -121- ~..~--_..- RE 623{Rev. 2/00) . 623002008015 Page 5 of 18 BUDGET ASSUMPTIONS INCOME Income for_ the 111 CHESTNUT AVENUE HOMEOWNERS ASSOCIATION is derived primarily from monthly maintenance assessments paid by the eight (8) Unit Ow~ers that are members of the Association. An additional source of income for the Association is: 1. Interest from the Reserve Fund ASSESSMENTS. $1 B,172 The Owner assessment of $189.29 is computed to equal the amount of income necessary to meet all common Operating and Reserve Expenses less income from other sources. INTEREST. RESERVE FUND.. $0 .~.....;" Interest from the Restricted Reserves is' directly relnve$ted into the Reserve Account to help offset the impact of inflation. This Income source therefore is not considered as a source of additional Operating Income which would reduce "regular assessments. " " OPERATING EXPENSES ADMINISTRA TIVE MANAGEMENT SERVICES. $2,400 This category provides for the cost of management consulting services for the Association's ongoing operations and corporate affairs. This projection is based on preliminary information provided by The Bridgeport Company, a management company firm that specializes in the management of Common Interest Developments. ACCOUNTING SERVICES. ANNUAL. $350 This category provides for the costs associated with the filing of State and Federal tax returns. Even though the Association is a non-profit corporation it is required to pay taxes on non-assessment income, e.g. interest earned on reserve accounts. This information was provided by Bautista & Company, of Millbrae. 09/07/2004 111 Chestnut Avenue -122- RE 623(Rev. 2/00).. 623002008015 Page 6 of 18 PRINTING AND POSTAGE.. $168 This category provides for the printing; reproduction and mailing costs of the Association. This includes, but is not limited to, the Annual Meeting notice and provision of the Annual Operating Budget/Reserve Fund Analysis as well as all routine communications of the Association. MEMBERSHIPS AND PUBLICATIONS.. $180 I This item includes a membership in an organization such as the Community Association Institute (CAI), a national organization for the dissemination of information to Owners' Associations. Provision is also made for the purchase of pertinent pamphlets and materials for use by the Board of Directors and Management as well as attendance at applicable seminars, etc. . LEGAL AND PROFESSIONAL.. $750 Periodically the Association will seek opinions and advice of legal and technical counsel. STATE AND FEDERAL INCOME TAXES.. $0 While the regular assessments paid to the Association are exempt from State and Federal income taxes, ,all other revenue is basically nonexempt and therefore subject to taxation. During its first year of operations it is anticipated that the Association will not accumulate sufficient funds in its Reserve and Operating accounts'to have taxable interest income. INSURANCE.. PACKAGE.. $2,873 1pis category provides for the fire and casualty insurance coverage for the Association as specified in the Association's Enabling Declaration. Included is property, liability, fidelity and Directors and Officers coverage. Projected premiums are based on preliminary information provided by Greg Norris Insurance Agency, of Mill Valley. MISCELLANEOUS ADMINISTRATIVE.. $187 This is a contingency provision for unscheduled expenses in the adminis~ration of the Association and is calculated at 3% of ~~e total Administrative category. GENERAL MAINTENANCE MAINTENANCE SERVICES AND SUPPLIES.. $750 As the Association has no maintenance employees, this category provides for the periodic use of trades and seNices for the general maintenance requirements of the Common Areas. Included would be such activities as maintenance services for relamping, litter control, etc. 09/07/2004 111 Chestnut Avenue - 123 - " ". RE 623(Rev. 2/00) .. 623002008015 Page 7 of 18 PEST CONTROL CONTRACT.. $ There is no provision for regular pest control service as it is the responsibiliity of the individual homeowner. WINDOW WASHING.. $0 There is nt? provision for a common expense as each Unit Owner will be responsible for the washing of the windows in their Unit. MISCELLANEOUS GENERAL MAINTENANCE.. $23 This is a contingency provision for unscheduled expenses in the maintenance of the Common Area and is calculated at 3% of the total General Maintenance categol)'. LANDSCAPING LANDSCAPING SERVICES .. MONTHLY.. $3,900 The landscaping will be maintained by an outside~andscape maintenance contractor. This service includes all personnel and equipment necessary for the routine maintenance of the plantstock and irrigation system. LANDSCAPING SERVICES AND SUPPLIES.. $390 This category provides for any additional costs associated with the maintenance of the landscape for any work requested by the Association that is beyond the scope of the routine maintenance agreement. MISCELLANEOUS LANDSCAPING.. $129 This is a contingency provision for unscheduled expenses in the maintenance of the landscaping and is calculated at 3% of the total Landscaping category. UTILITIES PG&E.. NATURAL GAS.. $0 There is no provision for a common expense for Natural Gas as each Unit will be individually metered and each Owner is r~sponsible for contracting separately for service. PG&E.. ELECTRICITY .. $1,880 This category provides for the electrical usage for the Common Areas. Calculations are based on 09/07/2004 111 Chestnut Avenue -124- RE 623(Rev. 2/00) - 623002008015 Page 8 of 18 projected usage as indicated in Schedule 1 at the rates as published at the date of publication of this budget. WATER AND SEWER. $545 This" category provides for the water usage necessaty to irrigate" the Common Area. Calculations are based in the usage indicated on Schedule 2 at the rates as published at the date of publication of this budget. REFUSE COLLECTION. $0 There is no provision for a common expense as each Owner will contract individually for trash collection services. CABLE TELEVISION SERVICE. $0 Each Unit will be prewired to receive cable television service as provided by the local franch"ised operator. Each Owner/Resident will be individually billed for this service by the local operator. MiSCELLANEOUS UTILITIES. $121 ''''"'-<::" !his is 'a contingency provision for any unanticipa~ed Utility expenses and. is calculated as 3% of t~e" Utility category. RESERVES RESERVE CONTRIBUTION. $4,025 The reserves for the Association are those monies set aside in a J1sinking fundll for the purpose of defraying the cost of the replacement and/or repair of major components of Common property. The line by line breakdown of the various components are presented in a separate report - The Reserve Study. 09/07/2004 111 Chestnut Avenue -125- RE 623(Rev. 2/00) . 623002008015 Page 9 of 18 SCHEDULE 1 111 CHESTNUT AVENUE HOMEOWNERS ASSOCIATION Utility .............................. ...................... Company ........................ ..................... Rate ........:............................................ Electricity PG&E $0.16 Lighting Average Lamps/ Hours KWHI Annual Type Location Wattage Fixture Number Daily Year Expense Bollard. Landscaping 150 1 8 12 5,256 $863.40 Bollard. Tot Lots 100 1 6 12 2,628 431.70 Entry Lighting 100 2 2 :12 1,752 287.80 Subtotal 9,636 $1,582.91 . ....1."',~~ Average Hours KWHI Annual Equipment Wattage Number Daily . Year Expense Irrigation Timers. 115 1 24.00 1,007 $165.49 Subtotal 1,007 , $165.49 Other Charges Rate Annual Expense City Tax 7.5% $131.13 $131.13 Subtptal TOTAL ELECTRICAL EXPENSE $1,879.52/ 09/07/2004 111 Chesin ut A ven ue -126- RE 623(Rev. 2/00).. 623002008015 Page 1 0 of 18 SCHEDULE 2 111 CHESTNUT AVENUE HOMEOWNERS ASSOCIATION Utility ............. ....................................... . Water Company....................... California Water Service Rates .................. .............. .................... As Shown Square Annual , 00 of Rate! Annual Irrigation Footage Feet Near 1 00 of Expense Ground Cover 1,726 4.5 78 1.92 . $148.93 Turf 897 5.5 49 1.92 94.60 Subtotal $243.53 '~<"'- Meter Charges Size Number Meters Rate! Month Annual Expense Irrigation Meter 1 inch 1 25.13 $301.56 . Subtotal $301.56 TOTAL WATER EXPENSE $5450091 09/07/2004 111 Chestnut Avenue- -127- RE 623(Rev. 2/00) . 623002008015 Page 11 of 18 RESERVE STUDY This report documents the results of a Reserve Study performed by JOHN H. BEATTY & ASSOCIATES for the 111 Chestnut Avenue Homeowners Association. It provides an analysis of the repair and replacement requirements for the Association's major. components and recommends a Funding Plan to meet those obligations. This Reserve Study was performed in compliance with California Civil Codes S1365 and _91365.5. The essential elements in performing the Reserve Study are: 1. A review of the Association's Covenants, Conditions and Restrictions (CC&Rs) to identify the common area which the Association is. obligated to maintain; 2. An estimate of the projected Useful Life of each those components determined to be included in the Study; 3. An estimate of the projected Remaining Life of each of these components; 4. An estimate of the Replacement Cc:>st of each of these components; 5. Projection of the total Annual Contribution necessary to maintain these components; 6. An estimate of the amount of Cash .~_~~~rv~s necessary to ma}ntain these components; 7. Disclosure of the current amount~- if any, of Accumulated Cash Reserves actually funded; . 'II;;:.",L."'. .. . 8. Disclosure of the Percentage of the Project~d Reserve Requirement actually fundE?d; 9. Disclosure of any determined or anticipated Special Assessments; 10. A general Statement of Methodology. . SCOPE This study is aligned with the Association's fiscal year and establishes the period of time for which Reserve Expenditures and Reserve Fund Balances are projected as a thirty (30) year period beginning with the Association's First Fiscal Year of which the first twenty (20) years are presented herein. METHODOLOGY A Cash Flow Methodology versus a Straight Line Methodology was used to determine the Annual Reserve Contribution. These different methods may result in different funding balances.The underlying premise of this reserve funding approach is to establish a contribution level that will allow the Association to maintain a positive balance in the Reserve Fund while meeting determined maintenance obligations. The Cash . Flow method allows the Association to achieve this goal without the unnecessary overfunding of Reserves. Also, as the interest earned on the reserve fund will not totally offset inflation, projections were made using the current inflation factor and an average interest rate on fully insured certificates of deposit. In preparing this Reserve Study, a comprehensive list of major components was developed by JOHN H. 09/07/2004 111 Chestnut Avenue -128- RE 623(Rev. 2/00) - 623002008015 Page 12 of 18 BEATTY & ASSOCIATES. Data was compiled on the type, number, age and estimated cost of each of the established components. In gathering this information, certain assumptions were made about costs, conditions, and future events and circumstances which may occur. Some assumptions inevitably will not materialize and unanticipated events and circumstances may occur subsequent to the date of this report. Therefore, the actual replacement costs and remaining lives may vary from this report and the variations could be material. All life expectancies were, based on reasonable industry standards for equipment and material and, unless specifically noted, all components were in a reasonable and ordinary condition. No destructive testing was undertaken nor does this study purport to address any latent and/or patent defects or life expectancies which are abnormally short due to either improper design and/or installation or to subsequent improper maintenance. It is assumed that all components will be reasonably maintained by the Association for the remainder of their life expectancy. . For a component to be included in this study, the following criteria have been established: 1. The ma!ntenance of the component is the responsibility of the As~ociation; 2. There is a non-annual repair and replacement requirement that' is n'otincluded in the Annua! Operating Budget; . 3. The estimated useful life of the cOn1p?TIent is greater than anI? (1) year; and 4. The estimated remaining life of the component is less than thirty (30)'ye~rs. This study is intended to reflect the current estimated replacement cost of the components and is intended ONLY as a projection of the actual cost of the work when performed at a'sp~cific date in the future. This limitation is necessary as it is virtually impossible to predict with any ~egree of certainty the myriad factors that will impact costs at a future d.ate. Because of this qualification and the specific requirements of applicable California Civil Codes, it i~ necessary for the information contained in this study to be reviewed annually to reflect any meaningful 9hanges in use or significant increases in labor and/or materials costs. This study contains a 5% Unscheduled or contingency funding allocation, which is a percentage of the total annual Contribution to Reserves. This fund provides for any unforeseen or out of the ordinary repair or replacement expense. Additionally, it can be used in subsequent years as a source of funds for reallocation of th~ life cycles should any components be abnormally accelerated. FINDINGS The findings of this study indicate that it will be necessary to establish the initial Annual Reserve Fund Contribution as shown in Item 2 below and to increase the Contribution to Reserves by 3% each year thereafter. These findings are based on the following: 09/07/2004 111 Chestnut Avenue -129- RE 623(Rev. 2/00) - 623002008015 1. Reserve Fund Balance at beginning of First Fiscal Year ......... ....... ....~.......... ............ .............. .................... ..... .... 2. Reserve Contribution for First Fiscal Year ............................................... 3. Assumed Annual Inflation Rate ............................................................... 4. AII"After Tax" interest earned on .Reserve Fund investments will be retained in the Reserve Fund. DISCLOSURES This plan provides adequate funds to meet projected expenditures without relying on Special Assessments or increases in regular assessments that require a vote of the Membership. 09/07/2004 ......".., Page 13 of 18 $0 4,025 3.0% -130- 111 Chestnut Avenue -! c: :rJ "'0 i'" i'" J:;a ..,..., o z_-l€l-......m.... ):0 G5 J:;a ~ \J ~ en.:- - I.JJ 1\.1 ...... (j 0 co c::c <: ---l en ::I: en .j:>. W I\:l .... 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(') ::r II S' S. > ~ :::J C (IJ INITIAL STUDY AND PROPOSED MITIGATED NEGATNE DECLARATION Application Number P02-0020 CITY OF SOUTH SAN FRANCISCO 111 CHESTNUT TOWNHOMES PREPARED BY CITY OF SOU1H SAN FRANCISCO PI..ANNIN"G DMSION 315 MAPLE AVENUE . SOU1H SAN FRANCISCO, CA 94080 FEBRUARY 1, 2003 -136- TABLE OF CONTENTS Page MITIGATED NEGATIVE DEClARATION 5 APPLICATION 5 APPLICANT 5 PROJECT OBJECTIVE 5 LOCATION 5 PROJECT DESCRIPTION 5 POTENTIALLY SIGNIFICANT IMPACTS REQUIRING MmGATION 5 MmGATIONMEAsuREs FOR POTENTIALLY SIGNIFICANT IMPACTS 6 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED 7 CHIEF PLANNER'S DETERMlNATION 7 PuBLIc REVIEW 8 LEAD AGENCY 8 DETERMJN'ATION 9 INITIAL STUDY 10 GENERALlNFoRMATION 10 PROJECT SITE DESCRlPTION 10 Location and Setting 10 Circulation ClJaracteristU:s 10 Zoning 10 Site Ownership 10 PROJECT CONTEXT AND DESCRIPTION 10 Required Discretioncrry Approwls 11 INITIAL STUDY CHECKLIST 12 Aesthetics..... ................................................................................ .................................................................................... 12 Agriculture Resources................................................................................................................................ ....................... 14 Air Quality' ..................................................................................................................................................... .................. 15 Biological Resources...................................................................................................................................... ................... 22 Cultural Resources..................................................................................................................................... ....................... 23 Geology and Soils........................................................................................................................................... .................. 25. l1.azards and l1.azardous Materials ........... ......... ... ................. .......... ..... ............ ...... ....... ... ............ .............. .... ........... ......... 29 I1Jdrology and Water Quality' ........ ......... .............. .............. ................ ............ ........... ......... ....... ..... :...: ......... ......... ........... 31 Land Use and Planning... ... ......... ............ ... ............... .............. ....... .............. ........................ ........... .......... .... ..... '" ....... ..... 35 1v.1ineral Resources........................................................................................................................................... ................. 37 Noise ..... ... ....... ....... .......... ... .................. ..... ............. .......... ........ .......... .... ..... ............ ......... ..... .......... ............... ................ 37 Population and Housing....... ........ ........ ....... ....... ................. .... ............... .... ...................... .... ............. .............. ................. 41 Public Services .................................................................................................................................................... ............. 42 Recreation........................................................................................................................................ . ............................... 43 TransponatiowT raffic ....................................................................... .............................................................................. 43 lJti1.iti.es and Service Systems. ............. ..... ............ ...... ............. .............. ........ ..................... ....... ................. ........... ...... ....... 47 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -137- 111 CHESTNUT TOWNHOMES PAGE i Mandatory Findings of Significance. ......... ........... ................... .......... ....... ............................. ........ .......... ........... ... ..... ... ........ ....... ......... ..... 50 REFERENCES 53 BIBLIOGRAPHY53 AUTHOR 53 INITIAL STUDY I MITIGATED NEGATIVE DECLARATION -138- 111 CHESTNUT TOWNHOMES PAGE ii TABLE OF CONTENTS (con1inued) Page LIST OF FIGURES 1. PROJECT LOCATION .. ................ ............................... ................. .......... ....... ......... ..... ............ .......................... .... 10 2. PROJECT SITE PLAN' ...... ................. ..:.................................. ................... .......... ........ ..... ........ ...... ......... .......... ...... 12 TABLES 1. AIRQU.AIl'ITDATASU1v.1MARYFORSANFRANCISCOANDREDWOODCIT'Y, 1998 - 2000...................................31 INITIAL STUDY I MITIGATED NEGATIVE DECLARATION -139- 111 CHESTNUT TOWNHOMES PAGE iii EGATIVE DECLARATION APPLICATION This Mitigated Negative Declaration (Application Number: P02-0020) is for the proposed 111 Chestnut T ownhomes development. APPLICANT The Project Applicant is KDA Architects, Inc., by Simon Kwan. PROJECT OBJECTIVE The Project objective is to subdivide the 0.52 acre lot into 8 lots and cornman area, and construct 6 detached single family dwellings and 2 attached single family dwellings with landscaping and on-sitf= parking. LOCATION The Project site is situated at 111 Chestnut Avenue. PROJECT DESCRIPTION The Project involves subdividing the site into 8 lots and common area, grading the site and constructing 6 detached single family dwellings and 2 attached single family dwellings. The dwellings will be provided with small private yards and garage parking. Access to the individual units will be provided by a private common driveway. The project includes providing the equivalent of 1.6 affordable dwellings [200/0 of the 8 dwellings] on-site or at an off-site location as required by South Francisco Municipal Code 20.125. The applicant has tentatively agreed to provide on-site affordable umts. POTENTIALLY SIGNIFICANT IMPACTS REQUIRlNG MITIGATION The following is a SUlIllnaty of potential Project impacts. Refer to the Initial Study Checklist for a more detailed discussion of these impacts. 1. The proposed Project would require grading, a construction activity with a high potential for creating air pollutants via dust emissions. 2. The proposed development could cause impacts to water quality during wet weather. 3. The site is exposed to traffic generated acoustic levels in excess of 65 decibels representing a significant adverse noise impact to future residents. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -140- 111 CHESTNUT TOWNHOMES · PAGE 5 4. Project construction would result in temporary short-term noise increases due to the operation of heavy equipment. MITIGATION MEASURES FOR POTENTIALLY SIGNIFICANT IMPACTS The following is a summary of mitigation measures for potentially significant Project impacts. Refer to the Initial Study Checklist of this document for a more detailed discussion of these mitigation measures. 1. Prior to the issuance of any pennit the applicant submit a construction plan including measures to control fugitive dust utilizing measures approved by the Bay Area Air Quality Management District (BAAQIvID). The plan shall be subject to the review and approval by the City's Chief Planner. The following measures are recommended for inclusion in construction contracts to control fugitive dust emissions: During Site Excavation Watering should be used to control dust generation during demolitio:p. 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 materials that can be blown by the wind Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard. Sweep daily (preferably with water sweepers) all paved access road, parking areas and staging areas at construction sites. Sweep streets daily (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. 2. Prior to the issuance of anypennit, 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 Sediment Control Handbook. The plan shall also include stann water pollution control devices and filters to be installed to prevent pollutants from entering the City's storm drain system and San Francisco Bay. The Plan shall INITIAL STUDY I MITIGATED NEGATIVE DECLARATION -141- 111 CHESTNUT TOWNHOMES · PAGE 6 be subject to review and approval of the City Engineer and the City's Storm Water Coordinator. 3. Prior to the issuance of a Building Permit the applicant shall have a qualified acoustic engineer review the construction plans and identified methods to achieve an interior acoustic level of 45 dB CNEL and comply-with the policies contained 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 dwellings and submit a report to the City's Chief Planner. 4. Prior to issuance 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 of the City's Chief Planner. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED Environmental factors, which may be affected by a project, as defined by the California Environmental Quality Act (CEQA) are listed alphabetically below. Factors marked with a filled in block (v) were detennined to be potentially affected by the Project, involving at least one impact that has been identified as a "Potentially Significant Impact", as indicated in the Initial Study Checklist and related discussion that follows. Factors which are unmarked (0) were determined to not be significantly affected by the Project, based on discussion also provided in the Checklist~ o Aesthetics o Agriculture Resources II Air Qu ality o Biological Resources o Cultural Resources o Geology and Soils o Hazards and Hazardous Materials II Hydrology and Water Quality o Land Use and Planning o Mineral Resources II Noise o Population and Housing o Public Services o Recreation o Transportation and Circulation o 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 Declaration, the proposed Project will not have a significant effect on the environment. Therefore, the Project will not require the preparation of an Environmental Impact Report, and the requirements of the California Environmental Quality Act (CEQA) will be met by the preparation. of this Mitigated Negative Declaration. This decision is supported by the following findings: a. The Project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community. It does not reduce the number or restrict the range of a rare or endangered plant or animal. It does not eliminate important examples of the major periods of ,California history or pre- history because: there is no identified area at the Project site which is habitat for rare or INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -142- 111 CHESTNUT TOWN HOMES · PAGE 7 endangered species, or which represents unique examples of California history or prehistory. In addition, the Project is within the scope of use contemplated in the General Plan; and the Project does not have any significant, unavoidable adverse impacts. Implementation of specified mitigation measures will avoid or reduce the effects of the Project on the environment and thereby avoid any significant impacts. b. The Project does not have the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals. c. 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. d The Project does not have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly, because the proposed development will enhance the existing residential built environment and improve the appearance of the area, and all adverse effects of the Project will be mitigated to an insignificant level. PUBLIC REVIEW The Initial Study and Proposed Mitigated Negative Declaration will be circulated for a 3D-day public review period Written comments may 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 Mitigated Negative Declaration does not constitute approval of the Project itself, which is a separate action to be taken by the Planning Commission and the South San Francisco City Council. Approval or denial of the Project can take place only after the Mitigated Negative Declaration has been adopted. LEAD AGENCY The Lead Agency for this Mitigated Negative Declaration is the City of South San Francisco Department of Economic and Community Development. INITIAL STUDY I MITIGATED NEGATIVE DECLARATION -143- 111 CHESTNUT TOWNHOMES · PAGE 8 DETERMINATION On the basis of the evaluation in this lv.G.tigated Negative Declaration and Initial Study: I find that the proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed Project could have a'significant effect on the environment, there will not be a significant effect in this case because revisions in the Project have been made by or agreed to by the Project proponent A 1v1ITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed Project MAY have a significant effect on the environment, and an ENVIR.ON1vl:ENTAL IMPACT REPORT is required. I find that the proposed Project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by-mitigation measures based on the earlier analysis as described on attached sheets. .An ENVIRONMENTAL ~ ACT REPORT is required, but it must analyze only the effects that remain to be address ed. I find that although the proposed Project could have a significant effect on the environment, because ill potentially significant effects (a) have been analyzed adequately in an earlier ErR. or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECL.AR-.A..TION, including revisions or mi~o-ationmeasures that are imposed upon the proposed Project, nothing further is required. ~c~~ Thomas C. Sparks, Chief P rid'lf. r2tP/8 ./ Date INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -144- 111 CHESTNUT TOWN HOMES · PAGE 9 I ITIAL STUDY CITY OF SOUTH SAN FRANCISCO Department of Economic and Community Development 315 Maple Avenue South San Francisco, CA 94083 GENERAL INFORMATION A. Application Number: P02-0020 B. Applicant: KDAArchitect, Inc., by Simon Kwan PROJECT SITE DESCRIPTION LOCATION AND SETTIN'G As shown in Figure 1, the Project site is located in the northeasterly portion of South San Francisco, at 111 Chestnut Avenue. The Project site is located in a fully developed Medium Density ,[15 units per net acre] residential area. The development site is occupied with a mixture of one and two -story single and multi-family dwellings. The site topography slopes north to south and will require minor grading. The site is bordered by single family dwellings and apartments. The site has introduced landscaping consisting of groundcover and shrubs throughout the site. CIRCULATION CHARACTERISTICS The Project site is primarily accessible from Chestnut Avenue. ZONI:N"G The Project site is currently zoned Medium Density Residential District (R - 2- H). The application involves rezoning the site to High Density Residential (R.-3-L) in fulfillment of the City's adopted General Plan. GENERAL PLAN The site's General Plan Land Use designation is:High Density Residential. SITE OWNERSHIP The Project site is owned by Maoe Tjoe, Lila Tjoa and Rudy Sastra. PROJECT CONTEXT AND DESCRIPTION The Project Site Plan is shown in Figure 2. The Project would involve subdividing the site into 8 lots and common area and construction of 6 detached and 2 attached single family dwellings ranging INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -145- 111 CHESTNUT TOWNHOMES · PAGE 10 in size from 2,413 square feet to 3,610 square feet containing 2, 3 and 4 bedrooms. Parking will be provided on site in two car garages. The site will be landscaped with play area and small private yards. REQUIRED DISCRETIONARY APPROVALS. The Project would require a Zoning Reclassification, Residential Planned Unit Development, Tentative Subdivision Map and Design Review. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -146- 111 CHESTNUT TOWNHOMES · PAGE 11 INITIAL STUDY CHECKLIST The Checklist portion of the Initial Study begins below, with explanations of each answer. A "no impact" response indicates, for example, that no displacement of existing housing would occur due to the Project, because no housing units now exist within the Project site that might need to be removed to enable the Project to proceed. A "less than significant" 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 Project as proposed, which would limit the extent of this impact to a level of "less than significant." Responses that indicate that the impact of the Project would be "less than significant with 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 "less than significant." Environmental Factors and Focused Questions for Potentially Less Than Less Th an Determination of Environmental Impact Significant Significant Significant No Impact with Impact Impact Mitigation I. ,AESTHETICS - Would the Project: 'a) Have a substantial adverse effect on a scenic [ ] ] [ X] vista? b) Substantially damage scenic resources, [ ] ] [ X] including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual ] [ X] character or quality of the site and its surroundings? d) Create a new source of substantial light or ] [ X] glare, which would adversely affect day or views in the area? Settingt South San Francisco's urban character 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 almost a bowl like fashion by hills on three sides. The terrain ranges from the flatlands along the water to hills east and north. Hills are visible from all parts of the City, and Sign Hill and San Bruno Mountain (which is outside City limits) in the distance are visual landmarks. 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 -147- 111 CHESTNUT TOWNHOMES · PAGE 12 parts. Almost 20 percent of South San Francisco's land is occupied by industrial and warehousing uses. The Project site is located in the Sunshine planning sub-area of South San Francisco. The area was largely developed between the 1930's to 1950's into a low and medium density residential area. Site Description. a) Scenic Vistas Impact Threshold of Si'i!flificance: For the purpose of assessing impacts of a proposed Project onsceruc vistas, the threshold of significance is exceeded when a Project would result in the obstruction of a designated public vista, or in the placement of an arguably offensive or negative-appearing object 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 site is not located within any formally designated scenic vista. Therefore, the proposed .Project would have no impact on a scenic vista. b) Scenic Resources Impact Threshold ofSigrzificance: Any Project-related action that would substantially damage scenic 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 impact on scenic resources within a state scenic highway, since it is not located on a state scenic highway. c) Visual Character Impact Threshold of Si'i!flificance: The Project would have a significant environmental impact if it were to substantially degrade the existing visual character or quality of the site and its S.UITOundingS. The proposed Project would be located in an area whose visual characteristics primarily consist of residential uses. Buildings in the immediate project vicinity are one-to three stories in height. The Project, consisting of 8 new detached two and three-sto1Y single family dwellings and two attached single family dwellings unit attached 3 stories in height. The new development would continue the trend toward increased number of dwellings per lot and increased height as provided in the City's adopted General Plan. The proposed development would have no adverse effect on the visual 1 Dyett & Bhatia, South San Pram:isro General Plan: Existing Omdit.ions andPlanning Issues, 1997, pA-2, 4-10, 4-15. INITIAL STUDY I MITIGATED NEGATIVE DECLARATION -148- 111 CHESTNUT TOWNHOMES · PAGE 13 character of the site or its surroundings. The new buildings have been designed to reflect the general residential development pattern and will add substantial landscaping. The development has been redesigned to be compatible with the mixed neighborhood architecture. Views thru the site will be partially of fully blocked by neighboring properties. However, no scenic vistas will be blocked Therefore, the Project would have less than a significant impact on visual character. d) Light or Glare Impact Threshold of Signijicam:e: The Project related creation of any new source of substantial light or glare that would adversely affect day or nighttime views. in the area would be regarded as a significant environmental impact. The South San Francisco Police Department will require that the lighting be provided for the street, playground and outdoor parking areas. Lighting design will be required to employ fixtures that would cast light in a downward direction to eliminate off-site glare. Given compliance with Police Department requirements, the amount of light and glare emanating from the Project site is considered less than significant. It is not expected that sources of daytime glare would be associated with the.Project. Environmental Factors and Focused Questions for Potentially Less Than Less Than Determination of Environmental Impact Significant Significant Significant No Impact with Impact Impact Mitigation II. AGRICUL TURE RESOURCES: In determining whether impacts to agricultural resources 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: a) Convert Prime Farmland, Unique Farmland, or ] ] ] [ X] 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 Fannland The Project area is in the midst of an urban area that has already been developed in a mix of industrial and commercial uses. No Prime Fannlands, Unique Farmlands or Fannlands of Statewide Importance have been identified at the Project site. Project development would not result in the INITIAL STUDY I MITIGATED NEGATIVE DECLARATION -149- 111 CHESTNUT TOWNHOMES · PAGE 14 conversion of any Prime Farmlands, Unique Farmlands or Fannlands of Statewide Importance to non -agricultural uses. The project does not involve any farmland, therefore no impact will occur. b) Conflict with Agricultural Zoning There are no areas in the vicinity of the Project site that have been zoned for agricultural uses and no parcels near the Project site are currently under Williamson Act contracts. Project development would not result in the conversion of any land currently zoned for agricultural use or in Williamson Act contracts to non-agricultural uses. The project does not involve any farmland, therefore no impact will occur. c) Non-Agricultural Use Fannland Conversion The Project involves no activities that would result in conversion of farmland or other land in agricultural to non-agricultural uses. The project does not involve any farmland, therefore no impact will occur. Environmental Factors and Focused Questions for Potentially Less Than Less Th an Determination of Environmental Impact Significant Significant Significant No Impact with Impact Impact Mitigation III. AIR QUALITY - Where available, the significance criteria established by the 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 ] [ ] ] [ X] applicable air quality plan? b) Violate any airquality standard or contribute ] [ X] ] [ ] substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net [ [ X] increase of any criteria 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 precursors)? d) Expose sensitive receptors to substantial ] [ ] [ X] [ ] pollutant concentrations? e) Create objectionable odors affecting a ] [ ] [ X] [ ] substantial number of people? Setting The amount of a given pollutant in the. atmosphere is determined by the rate of release and the atmosphere's ability to transport and dilute the pollutant. The major determinants of transport and dilution are wind, atmospheric stability, terrain and, for photochemical pollutants, sunshine. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -150- 111 CHESTNUT TOWNHOMES · PAGE 15 Northwest winds are most common in South San Francisco, reflecting the orientation of wind gaps within the mountains of the San Francisco Peninsula. Winds are persistent and strong, providing excellent ventilation and carrying pollutants downwind. Wmds are lightest on the average in fall and wmter. The persistent winds in South San Francisco result in a relatively 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. Environmental Protection Agency and the California Air Resources Board have established ambient air quality standards for common pollutants. These ambient air quality standards are levels of contaminants that represent safe levels that avoid specific adverse health effects associated with each pollutant. The ambient air quality standards cover what are called "criteria II pollutants because the health and other effects of each pollutant are described in criteria documents. The local air quality agency is the Bay Area Air Quality Management District (BAAQl\tID). The BAAQIv.ID enforces rules and regulations regarding air pollution sources and is the primary agency .preparing the regional air quality plans mandated under state and federal law. The BAAQ11D has prepared air quality impact guidelines for use in preparing environmental docw:hents under the California Environmental Quality Act. The Bay Area Air Quality Management District (BAAQIvID) monitors air quality at several locations within the San Francisco Bay Air Basin, although none are located in South San Francisco. The monitoring sites closest to the Project site are located in San Francisco to the north and Redwood City to the south. Table 1 summarizes exceedances of the state and federal standards at these two sites. The table shows that most of the ambient air quality standards are met in the Project area with the exception the state standard for PMlO. Under the federal Clean Air Act, the Bay Area is considered as having attained all federal ambient air quality standards except for ozone. Under the California Clean Air Act the Bay Area is considered non-attainment for ozone and PMlO. Pollutant Standard Monitoring Site Days Standard Exceeded 1998 1999 2000 Ozone Federal1-Hour San Francisco 0 0 0 Redwood City 0 0 0 Ozone State 1-Hour San Francisco 0 0 0 Redwood City 0 0 0 Ozone Federal 8-Hour1 San Francisco 0 0 0 Redwood City 0 0 0 PM10 Federal 24-Hour San Francisco 0 0 0 Redwood City 0 0 0 PM10 State 24-Hour San Francisco 1 6 1 TABLE 1 AIR QUALITY DATA SUMMARY FOR SAN FRANCISCO AND REDWOOD CITY, 1998-2000 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -151- 111 CHESTNUT TOWNHOMES · PAGE 16 Redwood City 0 3 1 Carbon Monoxide State/F ederal 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. Significance Thresholds. The CEQA environmental checklist provides five questions regarding air quality impact significance. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the determinations of significance. BAA QMD CEQA Guideline!- provide the following definitions of a significant air quality impact: A project contributing to carbon monoxide (CO) concentrations exceeding the State Ambient Air 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 project that generates criteria air pollutant emissions in excess of the BAAQ1v.ID annual or daily thresholds would be considered to have a significant air quality impact. The current thresholds are 15 tons/year or 80 pounds/day for Reactive Organic Gases (ROG), Nitrogen Oxides (NOx) or PMlO. Any proposed project that would individually have a significant air quality impact would also be considereq to have a significant cumulative air quality impact. .Any project with the potential to frequently expose members of the public to objectionable odors would be deemed to have a significant impact. Any project with the potential to expose sensitive receptors or the general public to substantial levels of toxic air contaminants would be deemed to have a significant impact. The term "substantial levels" is further defined as an exposure associated with an excess cancer risk of 1 0 in one million. The BAAQIvlD significance thresholds for construction dust impacts are based on the appropriateness of construction dust controls. The BAAQ1v1D guidelines provide feasible control measures for construction emission of PMlO. If the appropriate construction controls are to be implemented, then air pollutant emissions for construction activities would be considered less than significant. a) Conflict with Air Quality Plan Setting The San Francisco Bay Area Air Basin is currently non-attainment for ozone (state and federal ambient standards) and PMlO (state ambient standard). While air quality plans exist for ozone, none exists (or is currently required) for PMlO. The Proposed Fz'rud San Frandsco Bay A n>a Ozone Attainment 2 Bay Area Air Quality Management District, BAAQ.MD CEQA Guidelines, 1996 (revised 1999). INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -152-c 111 CHESTNUT TOWNHOMES II PAGE 17 Plan for the i-Hour National Ozone Standard is the current ozone air quality plan required under the Federal Clean Air Act. The state-mandated regional air quality plan is the Bay Area 2000 Clean Air Plan.4 These plans contain mobile source controls, stationary source controls and transportation control measures to be implemented in the region to attain the state and federal ozone standards within the Bay Area Air Basin. Impact A project would be judged to conflict with or obstruct implementation of the regional air quality plan if it would be inconsistent with the growth assumptions, in terms of population, employment or regional growth in Vehicle Miles Traveled. The Project would have no impact on any of the growth assumptions made in the preparation of these plans nor obstruct implementation of any of the proposed control measures contained in these ~~. ' b) Air Quality Standards II IMPACT 1: Construction Dust. The proposed Project would require some minor site grading and possible minor soil importation. Grading and soil hauling activities have a high potential for creating air pollutants. In addition to the dust created during grading, substantial dust emissions could be created as soil is loaded into trucks for removal. 1bis would be a potentially significant impact of the Project. The California Health and Safety Code requires local agencies not to issue grading permits until an applicant has demonstrated compliance with notification requirements under applicable federal regulations. The Bay Area Air Quality Management District is vested by the California Legislature with authority to regulate airborne pollutants through both inspection and law enforcement, and is to be notified ten days in advance of any proposed ,grading and must provide info~tion on the amount and nature of planned work and methods to be employed The purpose of BMQIvID regulations is the minimization 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 temporarily affect local air quality, causing a temporary increase in particulate dust and other pollutants. Dust emission during periods of construction would increase particulate concentrations at neighboring properties. This impact is potentially significant, but normally rnitigatible. 3 Bay Area Air Quality Management District, Proposed Final San Francisco Bay Area Ozone Attainment Plan for the i-Hour National Ozone Standard, June 200l. 4 Bay Area Air Quality Management District, Bay Area 2000 Clean Air Plan and Triennial Assessment, December 20,2000. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -153- 111 CHESTNUT TOWNHOMES · PAGE 18 BAA QMD CEQA Guideli:neS provide thresholds of significance for air quality impacts. The BAAQ1VID significance thresholds for construction dust impacts are based on the appropriateness of construction dust controls. The BAAQ1vID guidelines provide feasible control measures for construction emission of PMlO. If the appropriate construction controls are to be implemented, then air pollutant emissions for construction activities would be considered less-than-significant. . MITIGATION MEASURE 1: Dust Suppression Procedures. Prior to the issuance of any pennit the applicant shall submit a construction plan including measures to control fugitive dust utilizing measures approved by the Bay Area Quality Managmenet District (BAAQ1vID). The plan shall be subject to the review and approval of the City's Chief Planner. The following measures are recommended for inclusion in construction contracts to control fugitive dust emissions. During Grading Watering should be used to control dust generation during demolition of structures and break-up of pavement. . Cover all trucks hauling soil from the site. During Construction Water all active construction areas at least twice daily. Water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard Sweep daily (pref~rablf with water sweepers) all paved access road,. parking areas and staging areas at constructJ.on SItes. Sweep streets daily (preferably with water sweepers) if visible soil material is carried onto adjacent public streets. With the implementation of appropriate mitigation measures, impacts on sensitive receptors related to construction emissions would be reduced to a less than significant level. Operation. Development projects in the Bay Area are most likely to violate an air quality standard or contribute substantiallyto.an existing or projected air quality violation through vehicle trip generation. New vehicle trips add to carbon monoxide concentrations near streets that provide access to the site. 5 Bay Area Air Quality Management District, BAAOMD CEQA Guidelines, 1996 (Revised 1999). INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -154- 111 CHESTNUT TOWNHOMES · PAGE 19 The Bay Area Air Quality Management District's BAA QMD CEQA Guidelines recommends estimation of carbon monoxide concentrations for projects where Project traffic would impact intersections or roadway links operating at Level of Service D, E, or F or would cause Level of Service to decline to D, E, or F; or where Project traffic would increase traffic volumes on nearby roadways by 100/0 or more (if the increase is atleast 100 vehicles per hour). Daily net new vehicle trip generation from the Project would be less than 80 daily trips and the peak hour net trip generation from the Project would be less than 8 trips (Trip Generation, 4th Edition, Institute of Transportation Engineers, 1987). This trip generation is below the BAAQ1v:lD threshold trigger level for estimating carbon monoxide concentrations. Considering that the proposed Project is in an attainment,area for carbon monoxide (the state and federal ambient standards are met) and that South San Francisco has relatively low backgrormd levels of carbon monoxide compared to other parts of 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 than significant. c) Cumulative Air Quality Effects I11lpact Threshold oj Sigaijicarza;: The Project's impact would be significant if it would result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is non-attainment rmder an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors). The Project would generate new emissions through new regional vehicle trips. The BAAQIvID has developed criteria to determine if a development Project could result in potentially significant regional emissions. The District has recommended that 2,000 daily vehicle trips be used 'as a threshold for quantifying Project regional impacts. Net new daily trip generation is below this threshold for quantification. Project emissions therefore would be below the BAAQMD thresholds of significance for regional pollutants. Therefore, Project impacts on regional air quality would be less than significant. d) Exposure of Sensitive Receptors to Substantial Pollution Concentrations Setting The BAAQ1v.lD defines exposure of sensitive receptors to toxic air contaminants and risk of accidental releases of acutely hazardous materials (ARMs) as potential adverse environmental impacts. Examples of sensitive receptors include schools, hospitals, residential areas with children, and convalescent facilities. Impact The Bay Area Air Quality Management District defines sensitive receptors as facilities where sensi~ve receptor population groups (children, the elderly, the acutely ill and the chronically ill) are likely to located. These land uses include residences, schools playgrounds, childcare centers, INITIAL STUDY I MITIGATED NEGATIVE DECLARATION -155- 111 CHESTNUT TOWNHOMES · PAGE 20 , retirement homes, convalescent homes, hospitals and medical clinics. The closest sensitive receptors are the adjacent residences, day care and the Hillside Elementary School. The proposed Project could expose the facilities to on-site emissions during construction. The Project'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 2.90/0 of the time on an annual basis. Any Project occupant who would potentially release toxic air contaminant emissions would be subject to rules, regulations and procedures of the Bay Area Air Quality Management District. As part of its program to control toxic air contaminant emissions, the District has established procedures for estimating the risk. associated with exposure. The methods used are conservative, meaning that the real risks from the source may be lower than the calculations, but it is unlikely they will be higher. In the first step of a two-step process, the District estimates how much of a contaminant would be found in the air at a sp'ecific location. The estimate depends upon the type of source, its rate of production and its location. The second step involves determining if the estimated amount of contaminant is hazardous to those exposed to it. This determination includes an evaluation of both carcinogenicity (tendency to cause cancer) and non-cancer health effects. Chemical toxicity is based on animal study results and in some instances, on the results of hmnari exposure. After a new Project's risk level is determined, a decision must be made as to the significance of this risk level. If a new source has a cancer risk of one in a million or less over a 70-year-lifetime exposure period, and will not result in non-cancer health effects, it is considered to be a less 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 site in relation to residential areas and schools, and contaminant reductions in other media such as water. In general, projects with risks greater than one in a million, but less than lOin a million, are approved if other determining factors are acceptable. In general, projects with risks greater than 10 in a million are not approved. Non-approved projects may be re-evaluated if emissions are reduced, thereby reducing their risks. District Regulation 2-1-412 provides for special noticing requirements prior to 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 future occupant of the Project, would ensure that any potential impacts due to hazardous or toxic air contaminant emission would be reduced to a level of less than significant at the closest sensitive receptor and other receptors closer to the Project site. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -156- 111 CHESTNUT TOWNHOMES · PAGE 21 e) Odors Impact Threshold of Signijiwu;e: The BAAQ1v1D defines public exposure to offensive odors as a potentially significant impact. Potential. odor impacts are based on a list of specific types of facilities, such as wastewater treatment plants, landfills, refineries, etc. During construction the various diesel-powered vehicles and equipment in use on the site would create odors. These odors are temporary and not likely to be noticeable much beyond the Project boundaries. The potential for diesel odors impacts is less than' significant. The Project would not generate any odors and therefore would not have any impacts. Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No 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 status species in local or regional plans, policies, or regulations, or by the California' Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of 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 native resident 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? n Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? [ X] ] [ Xl [ [ X] [ X] [ X] [ X] INITIAL STUDY I MITIGATED NEGATIVE DECLARATION -157- 111 CHESTNUT TOWNHOMES · PAGE 22 Items a) through d) Impact The Project site is located in a largely residential area that is for the most part developed. While the site is vacant it has been highly modified and currently supports nonnative plant species and likely is inhabited by ground dwelling rodents. The Project would have no impact on any endangered, threatened or rare species or their habitats, or to any federally protected wetlands or wildlife corridors. Items e and f Setting The Proj ect site is surrounded by various types of landscaping, including low ground covers, assorted shrub types and small to large trees Impact Threshold of Sign:ificanCE: The Project would have a significant environmental impact if it were to conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, Habitat Conservation Plan, Natural Community 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 plans, policies, requirements or programs. Therefore, no impact would occur. Environmental Factors and Focused Questions for Potentially Less Than Less Than Determination of Environmental Impact Significant Significant Significant No Impact with Impact Impact Mitigation V. CULTURAL RESOURCES - Would the Project: a) Cause a substantial adverse change in the [ ] [ X] significance of a historical resource as defined in 915064.5? b) Cause a substantial adverse change in the [ [ X] significance of an archaeological resource pursuant to 915064.5? c) Directly or indirectly destroy a unique [ X] paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those [ X] interred outside of formal cemeteries? a) Historical Resources Impact Threshold of Signijicance: The Project would have a significant environmental impact if it were to cause a substantial adverse change in the significance of a historical resource as defined in ~15064.5. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -158- 111 CHESTNUT TOWNHOMES · PAGE 23 The site has no historical importance. The Project would not cause a substantial adverse change in the significance of a historical resource as defined in ~15064.5, since the site has no historical value. The Project would have a no impact. b) Archaeological Resources Impact Threshold of Signiji.cance: The Project would have a significant environmental impact if it were to cause a substantial adverse change in 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 in the Project's vicinity. The Project would have no impact. c) Paleontological Resources/Unique Geologic Features Impact Threshold ofSigniji.cance: The Project would have a significant environmental impact if it were to directly or indirectly c;lestroy a unique 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 Human Remains Impact Threshold of Signiji.cance: The Proj ect would have a significant environmental impact if it were to result in the disturbance of any human remains. No human remains have been identified at the Project site. However, if such remains are encountered during site preparation associated with the construction at the Project site, all work shall be halted in the vicinity, and the San Mateo County Coroner shall be informed to detennine if an investigation of the cause of death is required, and to determine if the remains are of Native American origin. If such remains are of Native American origin, the nearest tribal relatives as determined by the state Native American Heritage Commission shall be contactedto obtain recommendations for treating or removal of such remains, including grave goods, with appropriate dignity, as required under Public Resources Code Section 5097.98. This would reduce the potential impact associated with the discovery of human remains at the Project site to a level of less than significant. It is expected that there would be no impact from the Project related to the disturbance of human remams. INITIAL STUDY I MITIGATED NEGATIVE DECLARATION -159- 111 CHESTNUT TOWNHOMES · PAGE 24 Setting The relative stability and composition of different types of soils can contribute to hazard risks by amplifying earthquake waves, increasing susceptibility to liquefaction and landslides, and affecting flood levels. South San Francisco occupies three general topographic zones: the lowland zone, the upland zone and the hillside zone.6 The Project site 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 30 and 200 feet above mean sea level, and between Sign Hill and the southern flank of San Bruno Mountain. Slopes are commonly between 3 and 15 percent gradient. This zone includes the alluvial plain of Colma Creek, which bisects the area from northwest to. southeast. 6 Dyett & Bhatia, South San Francisco General Plan: Existing Conditions and PIanning Issues, 1997. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -160- 111 CHESTNUT TOWNHOMES · PAGE 25 The City's Upland Zone consists primarily of the Calma and Merced soil formations: 1. The Colma Formation (designated Qc on geologic maps) extends on either side of the Colma Creek alluvial fan. It is comprised of loose, friable, well-sorted sand with subordinate gravel, silt and clay deposited during 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. 2. The Merced Formation (designated QTm on geologic maps) is comprised of poorly consolidated to semi-consolidated sand and silt deposited during the Pleistocene Era. It is subject to severe landslide hazards in areas of artificial cuts, provides good seismic stability and may provide excellent to poor foundation conditions depending on slope and local lithology. The site is vacant. The site slopes from south to north with an elevation change of approximately 6 feet to 10 feet. The Project would include minor grading and possible soil importation to prepare the site and construct the dwellings. A Preliminary Soils Report was not prepared for the project. However, the Building Official may require the preparation of a Soils Report 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 medium dense silty sand to sandy clay (fill, alluvium and soil deposits), which probably transitions to the Colma Formation at depth. The San Andreas fault is situated approximately 2 miles southwest of the site. The site may have the potential for liquefaction, consolidation of earth materials and very strong seismic ground shaking. a)(i) Exposure of People or Structures to Known Earthquake Fault Setting According to the United States Geologic Survey Geologic Map of the South San Francisco Quadrap.gle, 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 and are 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 approximately 3 miles northeast, 9 miles northeast and 15 miles southwest, respectively, of the active San Andreas, San Gregorio and Hayward fault zones. In 1868 an earthquake with an estimated 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 major earthquakes have been recorded on the San Andreas Fault with Moment magnitudes ranging INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -161- 111 CHESTNUT TOWNHOMES · PAGE 26 from 6.25 to 7.9. in 1999, the Working Group on California Earthquake Probabilities at the United States Geologic Survey predicted a 70 percent probability of a magnitude 6.7 or greater earthquake occurring in the San Francisco Bay Area by 2030. Impact Threshold ofSignijicana;: 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 !mown earthquake fault. The Project site is not within an Earthquake Fault Zone, as defined by the Alquist-Priolo' Earthquake Fault Zoning Act, and no known active or potentially active faults exist on the site. The closest Special Study Zone is the San Andreas Rift Zone located 3.75 miles southwest of the Project site. Therefore, the risk. of surface faulting is considered to be less than significant. a) (ii) Exposure of People or Structures to Strong- Seismic Shaking Impact ThresholdofSignijicana;: The Project would have a significant environmental impact if it were to expose people or structures to potential substantial adverse effects associated with strong seismic ground shaking. Impact The proposed building's occupants could be exposed to adverse effects related to seismic ground shaking. Conformance to the Uniform Building Code would result in minimizing damage to the , building and occupants. This measure would reduce the impact of seismic ground shaking to people who would occupy the buildings at the Project site to a level of less than significant. a) (iii) Seismic- Related Ground F allure, Including Liquefaction Impact Threshold of Signijicana;: The Project would have a significant environmental impact if it were to expose people or structures, to potential substantial adverse effects associated with seismic-related ground failure, including liquefaction. Saturate~ cohesionless soil can liquefy as it experiences a temporary loss of shear strength due to a transient rise in excess pore pressure generated by strong ground motion. It is unlikely that loose, saturated cohesionless soil is present at the Project site, given its location. Therefore, no impact would occur. a)(iv) Exposure of People or Structures to Landslides Impact Threshold of Signijicana;: The Project would have a significant environmental impact if it were 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. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -162- 111 CHESTNUTTOWNHOMES. PAGE 27 The Project site slopes from south to north with a change in elevation ranging from 6 feet to 10 feet. The risk of landsliding on the Project site is unlikely and is considered no impact. b) Substantial Soil Erosion or Loss of Topsoil Impact Threshold of Si1!}1ificarue: The Proj ect would result in a significant 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 and have no exposure to water or wind erosion forces, though temporary erosion may occur during construction. However, standard erosion control measures can be employed to reduce this erosion to negligible levels during construction. Local jurisdictional rules governing erosion protection should be followed during construction in order to ensure no impact from the Project. c) Unstable Geological Conditions Impact Threshold of Significance: The Project would have a significant environmental impact if 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. There would be no impact, since the Project will be required to adhere to the Uniform Building Code and the site is not known to be underlain by unstable soils of geologic units. d) Expansiye Soils Impact 7hreshold of Si1!}1ificarue: The Project would have a significant environmental impact if located on expansive soil, creating substantial risks to life or property. The Project site soils are not known to be susceptible to expansion, and therefore would have no impact. e) Soils Unsuitable for Septic Tanks Impact Threshold oj Si1!}1ificarue: The Project would have a significant environmental impact if it involved construction of septic systems in soils incapable of adequately supporting the use of septic tanks 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 I MITIGATED NEGATIVE DECLARATION -163- 111 CHESTNUT TOWN HOMES · PAGE 28 Environmental Factors and Focused Questions for Potentially Less Than Less Than Determination of Environmental Impact Significant Significant Significant No Impact with Impact Impact Mitigation VII. HAZARDS AND HAZARDOUS MATERIALS - Would the Project: a) Create a significant hazard to the public or the [ [ [ X] environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the [ [ X] environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous [X ] 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 [ ] [ X] of hazardous materials sites compiled pursuant to Government Code Section 65962.5 andl as a result, would it create a significant hazard to the public or the environment? e) For a 'Project located within an airport land use [ ] [ X] plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project result in a safety hazard for people residing or working in the Project area? n For a Project within the vicinity of a private [ [ ] [ X] 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 [ [ X] with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk [ [ ] [ X] of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Setting The use of the site for dwellings will likely result in small quantities of unregulated household- type hazardous materials (cleaning agents, solvents) will be stored within each unit. A review of historical documents for the subject property indicate that the site was apparently utilized as part of fanning. The existing dwelling constructed at the turn of the century means that the building may contain asbestos in the plaster andlor 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 -164- 111 CHESTNUT TOWNHOMES · PAGE 29 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 Sig[lijicana;: 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 materials. It is not expected that a residential uses would utilize any significant quantity of hazardous materials. Provided that the business confonns to Uniform Building Code regulations applicable to the use, transport and disposal of hazardous materials no impact would occur. b) Upset and Accident Conditions Impact Threshold of Sig[lijicana;: The Project would have a significant environmental impact if it were to create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Normal operations at the Project site 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 Project to a level of less than signtficant. c) Hazardous Materials and Schools Impact Threshold of Sig[lijicana;: The Proj ect would have a significant environmental impact if it were to emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within a quarter mile of an existing or proposed school. The Project site is located within one-quarter mile of a private schooL 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 Sig[lijicana;: The Project would have a significant environmental impact if located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 ("Cortese List"). A review of City records indicates that the site is not near any apparent Underground Storage Tanks or other sites with hazardous materials. INITIAL STUDY I MITIGATED NEGATIVE DECLARATION -165- 111 CHESTNUT TOWNHOMES · PAGE 30 elf) Safety Hazards Due to Nearby Airport or Airstrip Impact . Threshold of Significaru:e: The Project would have a significant 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 would result in a safety hazard for people residing or working in the Project area, or if it were located within the vicinity of a private airstrip, if it would result in a safety hazard for people residing or working in the Project area. The Project site is located within about 2.5 miles from San Francisco International Airport. The site is in a developed area and is intended for the proposed use. Development of the Project site as proposed would not create any inordinate aviation-related safety hazard above and beyond that which currently exists in the City of South San Francisco in the area around San Francisco International Airport. Therefore the Project would represent no impact for future residents. g) Conflict with Emergency Response Plan or Emergency Evacuation Plan Impact 7hreshold of Significance: The Project would have a significant environmental impact if it were to impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan. Development of the proposed Project would not interfere with and therefore have no impact on the implementation of any adopted emergency response plan or emergency evacuation plan provided it conforms to the specifications found in applicable emergency response or evacuation plans. h) Exposure of People or Structures to Wildland Fires Impact Threshold if Significance: The Project would have a significant environmental impact if it were to expose people or structures to a significant risk of loss, injmy or death involving wildland fires. The Project would have no impact related to wildland fires since the site is located in a built out area although it is close to Sign Hill a wildland area. Environmental Factors and Focused Questions for Potentially Less Than Less Than Determination of Environmental Impact Significant Significant Significant No Impact with Impact Impact Mitigation VIII. HYDROLOGY AND WATER QUALITY - Would the Project: a) Violate any water quality standards or waste ] [ X] INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -166- 111 CHESTNUT TOWNHOMES · PAGE 31 Environmental Factors and Focused Questions for Pofentially Less Than Less Than Determination of Environmental Impact . Significant Significant Significant No Impact with Impact Impact Mitigation b) Substantially deplete groundwater supplies or [ ] [ X] interfere substantially with groundwater recharge such that there would be a net deficit in aquifer'volume or a lowering 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 [ ] [ X] of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern ] [ X] 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 [ X] exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? D Otherwise substantially degrade water quality? [ ] ] ] [ X] g) Place housing within a 1 DO-year flood hazard [ ] ] ] [ X] area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a1 DO-year flood hazard area [ X] structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk [ X] 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 mudftow? [ X] Setting Colma Creek, the City's main natural drainage system, is a perennial stream with a water shed of about 16.3 square miles those trends in a roughly southeasterly direction through the center of the City. The Colma Creek watershed is one of the three largest in the County. The basin is bounded on the northeast by San Bruno Mountain and on the west by a ridge traced by Skyline Boulevard Dominant topographic features of the drainage basin include two relatively straight mountain ridges that diverge toward the southeast that are connected by a low ridge at the northern boundary of the INITIAL STUDY I MITIGATED NEGATIVE DECLARATION -167- 111 CHESTNUT TOWNHOMES · PAGE 32 area. The valley enclosed by the ridges widens toward the southeast where it drains into San Francisco Bay. a) Violation of Water Quality Standards or Waste Discharge Requirements Impact Threshold of Sigrzificance: The Project would have a significant environmental impact if it 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 Interlere Substantially with Groundwater Impact Threshold of Sigrzijicarzre: The Project would have a significant environmental impact if it substantially depletes groundwater supplies or interferes substantially 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 infrastructure, thereby not depleting the local groundwater supply. The proposed building structure would be an impervious surlace over the land that would to some degree impede recharging of local groundwater. However, since groundwater resources are not used in the Project area, this impact would be less than significant. c) Alter Existing Drainage Patterns/Erosion and Siltation 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 in a manner, which would result in 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 project will be required to collect and convey storm water runoff into the City's stonn drainage system. There would be no impact related to altered drainage patterns or siltation at the Project site. d) Alter Existing Drainage Patterns/Flooding Effects Impact Threshold of Sigrzi}icance: The Project would have a significant environmental impact if it were to substantially alter the existing drainage pattern of the site or area or substantially increase the rate or amount of surface runoff in a manner that would result in flooding 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 I MITIGATED NEGATIVE DECLARATION -168- 111 CHESTNUT TOWNHOMES · . PAGE 33 developed with impervious surfaces and the total site area is only 1.4 acres. Because the Project site is only 1.4 acres, no impact related to substantial increased surface runoff. e) Runoff Exceeding Drainage System Capacity/Increase Polluted Runoff Impact Threshold of Significance: The Project would have a significant environmental impact if it were to create. or contribute nmoff 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 runoff. 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 during construction activities that could result in a potentially significant impact during construction unless 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 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 Sediment Control Handbook. The plan shall also include storm water pollution control 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 subject to review and approval of the City Engineer and the City's Storm Water Coordinator. With implementation of this mitigation measure, the project would have a less than a significant impact. f) Otherwise Degrade Water Quality Impact Threshold oj Significance: The Project would have a significant environmental impact if it were to degrade water quality. The proposed Project would create impervious surface area on the Project site and will drain into the City's storm drainage system. Because the site is relatively small, .23 acres, and similar in character and use as the other nearby residences, there would be no impact on water quality from pomt source water pollution at the Project site. g) Place Housing Within A 100- Year Flood Hazard Area Impact Threshold of Significance: The Project would have a significant environmental impact if it were to place any housing units within a designated laO-year flood hazard area. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -169- 111 CHESTNUT TOWNHOMES · PAGE 34 The Project site is not within the 100-year flood hazard area (Flood Insurance Rate Map [FIRM] Panel 1 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 Wauld Impede or Redirect Flood Flows Impact Threshold oj Sifflijicance: The Project would have a significant environmental impact if it placed any structures in a manner, which would impede or redirect flood flows. The Project site is not located in a lOO-year flood hazard zone7 and therefore would have no impact related to the placement of a structure in such a way that it would impede or redirect flood flows. i) Expose People or Structures to Flooding Hazards Impact Threshold oj Sifflijicance: The Project would have a significant environmental impact if it were 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 no impact. j) Inundation by Seiche, Tsunami or Mudflow Impact ' Threshold oj Sifflijicance: The Proj ect would have a significant environmental impact if it were to result in the exposure of people or structures to hazards from seiche, tsunami or mudflow. Development of the proposed Project would not expose any people or structures to hazards from seiche, tsunami or mudflow and therefore would have no impact. Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially. Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact IX. 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 community conservation plan? [ [ [ X] [ X] [ X] 7 Brady and Associates, Eastofl0l Area Plan, adopted July 1994, p.106. INITIAL STUDY I MITIGATED NEGATIVE DECLARATION -170- 111 CHESTNUT TOWNHOMES · PAGE 35 Setting8 South San Francisco has a distinctive l?lld use pattern that reflects the decision to initially locate homes and businesses west of the industries supporting the town in order to take advantage of topography and westerly winds. Another development trend that shaped the arrangement of uses was the extensive residential development that occurred during the 1940s and 1950s, creating large areas almost entirely developed with single-family housing. As a result, South San Francisco is largely comprised of single-use areas, with indu.st1y in the eastern and southeastern portions of the City, single family homes to the north and west, commercial uses along a few transportation conidors, and multiple family housing clustered in those same corridors and on hillsides. a) Dividing an Established Community The proposed Project would have no impact related to the division of an established community. b) Conflict with Land Use Plan The Project site is currently zoned Medium Density Residential District (R-2-H) and is part of the Sunshine Gardens Planning Sub-Area as defined by the City of South San Francisco General Plan. The site's General Pian designation is:High Density Residential. This designation accommodates single family and townhome development. All development is subject to design and landscape standards.9 The proposed Project is consistent with the following General Plan policies: 3.10-G-1 Maintain the character of the Sunshine Gardens neighborhood and promote new development in remaining vacant sites at intensities suitable to proximity to transit and employment centers. The site's proposed High Density Reside~tial (R-3-L) zoning allows both the proposed density and type of building. The proposed density of 15.3 units per net acre compares with the maximum permitted density of30 units per net acre allowed by the General Plan and the R-3-L density of 30 units per net acre of as provided in the City's Zoning Ordinance. The building is similar to developments in the immediate vicinity and has been favorably reviewed by the City's Design Review Board. The proj ect is consistent with the City of South San Francisco General Plan land use policies, and Zoning requirements, thereby constituting no impact. c) Conflict with Conservation Plan Construction at the Project site would not conflict with any conservation plan, therefore no impact would occur. City of South San Francisco, South San Francisco General Plan, 1999. Ibid., p.43. INITIAL STUDY I MITIGATED NEGATIVE DECLARATION -171- 111 CHESTNUT TOWNHOMES · PAGE 36 Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Th an Significant Impact No Impact X. 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? ] [ X] ] [ X] Setting No mineral resources of value to the region and the residents of the state have been identified at the Project site. The Project site has not been delineated as a locally important mineral recovery site on the City of South San Francisco General Plan, on any specific plan, or on any other land use plan. (a./b.) Result in loss of mineral resources. Impact Threshold of Signijicaru;e: The Project would have a significant environmental impact if it were to 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, or if it were to 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. The proposed development at the Project site would not affect the availability of and would have no impact on any known mineral resource, or result in the loss of availability of any locally important resource recovery SIte. Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Less Than Significant Significant No with Impact Impact Mitigation [ [ X] XI. 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 groundbome vibration or groundborne 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 periodic increase in ambient noise levels in the Project vicinity above levels existing without the Project? [X ] [ X] [ X] INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -172- 111 CHESTNUT TOWNHOMES · PAGE 37 Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Th an Significant with Mitigation [ ] Less Than Significant Impact No 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? . D For a Project within the vicinity of a private airstrip, would the Project expose people residing or working in the Project area to excessive noise levels? [ [X] [ X] Setting 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 ~oudness, pitch and duration, speech or music content, irregularity) and how intrusive it is above background sound levels. In determining the daily level of environmental noise, it is important to account for the difference in response of people to daytime and nighttime noises. During nighttime, exterior 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 are generally considered to be noise-sensitive uses or sensitive receptors. There are many sensitive receptors in the site vicinity. In South San Francisco, the Noise Element of the City's General Plan (1999) contains land use criteria for noise-impacted areas. These criteria define the desirable maximum. noise exposure of various land uses in addition to certain conditionally acceptable levels contingent upon the implementation of noise reduction measures. These criteria indicate that noise levels of less than 65 dBA (CNELYo are acceptable noise levels for residential areas. The South San Francisco Noise Ordinance (Chapter 8.32, Noise Regulations, Section 8.32.030) specifies the. maximum permissible sound levels for residential, commercial and industrial land uses. The Project site is zoned "Medium Density Residential (R-2-H)," and the noise level standard for 10 The decibel (dB) is a logarithmic unit used to quantify sound intensity. Since the human ear is not equally sensitive to all sound frequencies within the entire spectrum, human response is factored into sound descriptions in a process called "A-weighting" written as "dBA". Q\lEL: Community Noise Equivalent Level. Because community receptors are more sensitive to unwanted noise intrusion during the evening and at night, state law requires that for planning purposes, an artificial dB increment be added to quiet time noise levels in a 24-hour noise descriptor called the Community Noise Equivalent Level (CNEL). INITlAL STUDY / MITIGATED NEGATIVE DECLARATION -173- 111 CHESTNUT TOWNHOMES · PAGE 38 this zone is 50-60 dBA (Lso).ll Shorter periods of noise levels higher than these limits are allowed, but only for specified periods of time. Specifically, the standard + 5 dB for more than 15 minutes, the standard + 10 dB for more than 5 minutes, and the standard + 15 dB for more than one minute in any hour are used. The standard + 20 dB cannot be exceeded for any period of time. 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. to 8:00 p.m. on Saturdays, and 10:00 a.m. to 6:00 p.m. on Sundays and holidays. This ordinance 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 Signijicance: The Project would have a significant environmental impact if it were to result in exposure of persons to or generation of noise levels in excess of standards established in the City of South San Francisco General Plan or the City's Noise Ordinance. Traffic. Implementation of the proposed Project would increase traffic noise levels along local streets due to 'Project-generated tra.ffic. It is anticipated that traffic related noise increases associated with the Project would be minimal due to the low level of Project-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. Project-related traffic increases on local roadways (well below a 100 percent increase) would result in traffic noise increases well below 3 dBA. Mechanical Equipment. hnplementation of the proposed Project could increase ambient noise levels in the Project vicinity due to the operation of mechanical equipment such as air conditioners. The impact of the mechanical devices would be considered less than significant provided that the noise level produced by it conforms to the City of South San Francisco Noise Ordinance. b) Exposure of Persons To or Generation of Excessive Groundbome Vibrations or Groundbome Noise Levels Impact Threshold of Sigrzijicance: The Project would have a significant environmental effect if it were to expose people to, or generate, excessive groundbome vibrations or groundbome noise levels. It is not expected that the development would generate excessive groundbome vibration or groundbome noise. However, because the development is adjacent to Chestnut Avenue, an 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 Chestnut 11 The noise limit that cannot be exceeded for more than 30 minutes in any hour (50 percent of any given hour). INITIAL STUDY I MITIGATED NEGATIVE DECLARATION -174- 111 CHESTNUT TOWNHOMES · PAGE 39 Avenue generates up to 65 dB Community Noise Equivalent Level (rnEL). The Noise Element Policies 9-I-4 through and including policy 9-I-7, will require that the development design the interior of the units to a maximum level of 45 decibel. Normal construction will typically achieve a 10 to 15 decibel drop. II IMPACT 3: The future residents will be exposed to high decibel levels resulting in a potentially significant impact. II MITIGA nON MEASURE 3: Prior to the issuance of a Building Pennit the applicant shall have a qualified acoustic engineer review the construction plans and identified methods to achieve an interior acoustic level of 45 dB CNEL and comply with the policies contained 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 dwellings and submit a report to the City's Chief Planner. With implementation of the mitigation measure, the impact shall be reduced to less than significant. c) Substantial Permanent Increase in Ambient Noise Levels Impact Threshold of Significance: The Project would have a significant environmental impact if it were to result in a substantial permanent increase in ambient noise levels in the Project vicinity above levels existing without the Project. Although site preparation and the implementation of the proposed Project would be expected to result in a temporary increase in ambient noise levels in the Project vicinity, it is not expected that on-going-operations at the Project site would result in a substantial permanent increas'e in ambient noise levels, thereby representing no impact. d) Substantial Temporary or Periodic Increase in Ambient Noise Levels Impact Threshold of Significance: The Proj ect would have a significant environmental impact if it were to result in a substantial temporary or periodic increase in ambient noise levels in the Project vicinity above levels existing without the Project. During site preparation and construction at the Project site, operation of heavy equipment could result in a substantial temporary increase in ambient noise levels in the vicinity of the Project site. II 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 potentially significant impact associated with Project development. Construction noise sources range from about 82 to 90 dBA at 25 feet for most types of INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -175- 111 CHESTNUT TOWN HOMES · PAGE 40 construction equipment, and slightly higher levels of about 94 to 97 dBA at 25 feet for' certain types of earthmoving and impact equipment. II MITIGATION MEASURE 4: Limitation of Construction Hours/Noise Abatement. Prior to issuance of any permit the applicant shall provide the Citywith 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 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 of less than significant. Items e and f) Location in Vicinity of a Public Airport or Private Airstrip Impact Threshold of Significance: The Project would have a significant 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 would expose people residing or working in the Project area to excessive noise levels, or if it were located within the vicinity of a private airstrip, if it would exposepeople residing or working in the Project area to excessive noise levels. The South San Francisco Noise Element (1999) contains existing and future (2006) airport noise contours associated with. San Francisco International Airport, located south of the site. These contours indicate the Project site is located outside the 65-qBA (CNEL) existing and future airport noise contours. Projected contours for road and railroad noise are also 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 will continue to be less than 60 dBA (CNEL). Based on the City's land use criteria, the proposed Project would be compatible with future noise level projections in the Project vicinity of less than 60 to 65 dBA (CNEL), thereby representing no impact. Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No . Impact XII. 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 housing elsewhere? [ X] [ X] [ X] INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -176- 111 CHESTNUT TOWNHOMES · PAGE 41 Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Th an Significant with Mitigation Less Than Significant Impact No Impact Items a thru c) Population and Housing Impact Threshold of Significance: The Project would have a significant environmental impact if it were to induce substantial population growth, or if it were to result in the displacement of substantial numbers of existing housing units, or in the displacement of substantial numbers of people living at the Project site. The proposed Project would not entail the extension of infrastructure that could support additional residential or commercial development. It would involve the constmction of only 8 new dwellings, and because the site is vacant it would not result in any displacement. Therefore, the Project would have no impact on population or housing in the area. Environmental Factors and Focused Questions for Potentially Less Than Less Than Determination of Environmental Impact Significant Significant Sig'nificant No Impact with Impact Impact Mitigation XIII. PUBLIC SERVICES - a) Would the Project result in substantial adverse physical impacts associated with the provision of new or physically 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? [ ] [ ] [ X] [ ] ii) Police protection? [ ] [ ] [ X] [ ] Hi) Schools? [ ] [ ] [ X] [ ] Iv) Parks? [ ] [ ] [ X] [ ] v) Other public facilities? [ ] [ X] [ ] [ ] Impact Threshold of Significance: The Project would have a significant environmental impact if it were to result in substantial adverse physical impacts associated with the provision of 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 fire protection, police protection, schools, parks and recreational facilities, or other government facilities. The proposed Project, due to its small size, would generally place a less than significant increased demand on City of South San Francisco public services. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -177- 111 CHESTNUT TOWNHOMES · PAGE 42 Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Th an Significant with Mitigation Less Than Significant Impact No Impact XIV. 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? [ [ X] [ X] Items a and b) Recreation Impact Threshold of Sigpificance: The Project would have a significant environmental impact if it were to result in an increase in the use of existing parks or recreational facilities such that substantial physical deterioration of these facilities could be anticipated, or if it were to include recreational facilities, the construction of 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 8 new dwellings. Environmental Factors and Focused Questions for Potentially Less Than Less Than Determination of Environmental Impact Significant Significant Significant No Impact with Impact Impact Mitigation XV. TRANSPORTATIONITRAFFIC - Would the Project: a) Cause an increase in traffic, which is substantial [ ] [ X] ] in relation to the existing traffic load and capacity of the street system (Le., 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 ] [ X] 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, [ [ X] including either an increase in traffic levels or a change in location that results in substantial INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -178- 111 CHESTNUT TOWNHOMES · PAGE 43 Environmental Factors and Focused Questions for Potentially Less Than Less Th an Determination of Environmental Impact Significant Significant Significant No Impact with Impact Impact Mitigation d) Substantially increase hazards due to a design [ [ X] feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? [ ] [ ] [ ] [ X] ~ Result in inadequate parking capacity? [ ] [ ] [X] [ ] g) Conflict with adopted policies, plans, or [ ] [ ] [ ] [ X] programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? . Setting A Parking and Circulation Study was not prepared for the Project owing to its small size, 8 dwellings and less than 0.52 acres. The Project site is served directly Chestnut Avenue while regional access is provided by the u.s. Highway 101 and S.R. 280. Highway 101 and SR 280 are eight-lane freeways that provides regional access to the Project area. They extend from downtown San Francisco and northern California to Los Angeles and southern California. Chestnut Avenue has two travel lanes with on-street parking along the both sides of the street. The speed limit is 25 miles per hour and provides access to El Camino Real and Hillside Boulevard a) Cause an Increase in Traffic, Which is Substantial in Relation to Existing Traffic Load and Capacity of the Street System Impact Threshold oj Sig}1ijicance: Project impacts would be significant if they result in any of the following conditions: II!i The Project would exceed 100 net new peak hour trips on the local roadway system. II!i Signalized intersection. operation would change from LOS A, B, Cor D to LOS E or F. II!i Movements or approaches at unsignalized intersections would change from LOS A, B, C, D or E to LOS F. III Project traffic would increase Base Case volumes at an unsignalized intersection to meet peak hour signal warrant criteria levels. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -179- 111 CHESTNUT TOWNHOMES · PAGE 44 11II The proposed Project would increase traffic entering an intersection by two percent or more with a signalized 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. 11II The proposed Project would increase in traffic entering an unsignalized intersection by two percent or more with Base Case traffic levels already exceeding signal warrant criteria levels. 11II The Project worsens traffic, pedestrian or bicycle safety. Impacts at Project Driveways. The Project will be served by two driveways. The primary entry will be on Chestnut Avenue. The driveways meet city standards for width and depth. Sight line will be adequate. Internal Circulation. The internal driveway would accommodate two-way traffic flow. The driveway will be 25 feet wide. Parking for visitors will be provided on site. Parking for the dwellings will be provided on the individual lots in gronnd floor garages. Overall, the internal circulation plan meets City development standards. The proposed 8 new dwellings are estimated to generate a net increase of 80 ADT and 8 vehicle trips during the commute peak traffic hours. The capacity of the existing streets is estimated by City staff at 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 in traffic will result in a less than significant impact. b) Direct or Cumulative' 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 in a direct increase in traffic that would cause a Congestion Management Agency standard to be exceeded, or contribute substantially tQ a cumulative increase in traffic that would cause a Congestion Management Agency Standard to be exceeded. The Project would have no impact related to an exceedance of a Congestion Management Agency level of service standarcL c) Change in Air Traffic Patterns Impact Threshold of Sigrzificance: The Project would have a significant environmental impact if it were to result in a change in air traffic patterns that results in substantial safety risks. The Project would have no impact on air traffic patterns. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -180- 111 CHESTNUT TOWN HOMES · PAGE 45 d) Hazards Due to Design Features Impact Threshold of Significance: The Project would have a significant environmental impact if it were to substantially increase hazards due to a design feature or incompatible uses. The project has been designed to City standards, therefore it will not create nor substantially increase any hazards resulting in no impact. e) Emergency Access Impact Threshold of Significance: The Project would have a significant environmental impact if it were to provide inadequate 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 dwellings and street will be constructed in accordance with City standards including fire access. There would be no impact related to inadequate emergency access to the site. f) Parking Capacity Impact Threshold a/Significance: The Project's impact on parking shall be considered significant if the Project does not meet the City of South San Francisco's parking space requirements and! or the proposed parking plan is adequate and meets City standards. On-street parking is allowed on Chestnut Avenue abutting the development site. The development would result in the loss of approxiniately lon-street parking spaces due to the creation of a standard two way driveway. The parking along Chestnut Avenue is used by neighborhood residents. The development will provide on-site parking for all of the new dwellings and visitor parking in conformance with the City's parking requirements (SSFMC Chapter 20.74). The loss of one parking space is not considered a significant impact. Therefore, the impact will be less than significant. g) Alternative Transportation Setting Transit service in the study area includes local bus service, shuttle service and regional rail service. Bus Service. The San Mateo County Transit District (SamTrans) provides bus service in the study area along the following routes Routes130, 131, 133 and 32, 34, 35 and 36. Both Routes 130 and 131, providing service to BART stations, operate with 30-minute peak. period heaclways and 60- minute non-peak. heaclways on weekdays and 60-rninute headways on Saturdays. The remaining routes provide community service, and operates with limited'service during the weekday. CaIn-am. Caltrain provides train 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 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -181- 111 CHESTNUT TOWNHOMES · PAGE 46 Francisco. Trains operate every 15 to 20 minutes during commute periods and hourly during midday. Sidewalks. Sidewalks are in place along Chestnut Avenue abutting the Project site. Bicycles. The closest bicycle routes are along :Hillside Boulevard and Chestnut Avenue. Impact Threshold oj Sigpijicana:: The Project would have a significant environmental impact if it were to conflict with adopted policies, plans, or programs supporting alternative transportation. As proposed, the Project would be required to re-construct the sidewalk along the Project site's frontage. The project will improve pedestrian access and safety. Therefore, the project would have no impact. Environmental Factors and Focused Questions for Potentially Less Than Less Than Determination of Environmental Impact Significant Significant Significant No Impact with Impact Impact Mitigation XVI. UTILITIES AND SERVICE SYSTEMS - Would tne Project: a) Exceed wastewater treatment requirements of [ ] [ ] [ X] the applicable Regional Water Quality Control Board? b) Require or result in the construction of new [ ] [ ] ] [ X] water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new [ ] [ [ X] storm water drainage facilities or expansion of existing facilities, the construction of which could cause. significant environmental effects? d) Have sufficient water supplies available to serve [ [ X] the Project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater [ X] treatment provider, which serves or may serve the Project that it has adequate capacity to serve the Projeces projected demand in addition to the provider's existing commitments? n Be served by a landfill with sufficient permitted [ ] [ X] capacity to accommodate the Project's solid waste disposal needs? g) Comply with federal, state, and local statutes [ [ X] and regulations related to solid waste? INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -182- 111 CHESTNUT TOWNHOMES · PAGE 47 a) Regional Wastewater Treatment Standards Impact Threshold of Significance: The Project would have a significant environmental impact if it were to exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board. Due to the small size of the project and the recent upgrade and expansion of the Waster Water Treatment Plant the Project, due to it's small size, would have no impact related to an exceedance of wastewater treatment requirements of the Regional Water Quality Control Board. b) Water and Wastewater Treatment Facilities Setting Water. Potable water is provided for the City of South San Francisco and much of San Mateo County by the California Water Service Company (CWSC), which purchases most of its supply from the San Francisco Water Department (SFWD). In 1999, average water use throughout CWSC's South San Francisco District was approximately 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 this District has exceeded CWSC's "average demand" scenario.12 The City's 1994 East of 101 Area Plan estimated that water use east of the freeway would increase by 2.675 mgd by 2010. 1bis is more than four times CWSC's average demand projection for total growth in water use throughout the South San Francisco District from 1994 to 2010. The Water Company's estimates are based on past water use, ABAG growth predictions and a combination of commercial, industrial and residential development that differed from some of the City designated land uses incorporated into the Area Plan. In addition, the Area Plan's projections included an allowance for the potentially higher water demand associated with the R&D facilities and phannaceutical-manuiacturing firms that were beginning to move into South San Francisco. 1bis ran counter to CWSC's actual records, which indicate that industrial water use in the South San Francisco District declined by 57 percent from 1981 to 1999, falling from 35 percent to 13 percent of District-wide demand. In spite of these cliHerences in land use assumptions and resulting water demand estimates, CWSC currently determines that it has sufficient resources to accommodate continued growth within its service area. The California Water Service Company's contract with the SFWD calls for a maximum delive1Yrate of 42.5 mgd, so approximately 8mgd should be available to meet unanticipated water supply needs that exceed its 2010 projected demand of 34 mgd As a result, there are currently no restrictions on service connections for new development. Wastewater. All wastewater produced within the City of South San Francisco is treated at the City's Water Quality Control Plant (WQCP), which is located at the end of Belle Air Road, near the 12 Morehouse Associates, Britannia East GrandProject Envi:ronrnmtd ImpactRepart, p.14-1, October 2001. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -183- 111 CHESTNUT TOWN HOMES · PAGE 48 edge of San Francisco Bay. The WQCP is jointly owned by the Cities of South San Francisco 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 of Daly City. These latter two municipalities have a combined dry weather allocation of 700,000 gallons per day (gpd) at the WQa>.13 To accommodate continued development within the WQCP's service area, and also to allow plant operators to discontinue the use of expensive chemical additives in the treatment process, the plant is being upgraded to a chyweather capacity of 13 mgd Construction was completed in late 2002. Of the 3.5 mgd of additional dryweather capacity this will make available (above current flow rates), 0.5 mgd is reserved for San Bruno and for Calma/Daly City. This will leave approximately 2.5 mgd available above current dryweather flow rates to support continued growth in South San Francisco. When this upgrade was designed in 1995, the City's wastewater consultants 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. 14 Impact Threshold o/Significance: 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 8 dwellings. Therefore, no impact will occur. c) Stonn Water Drainage Facilities Impact Threshold o/Signijiwu:e: The Project would have a significant environmental impact if it were to require or result in the construction of new storm water drainage facilities or in the expansion of existing facilities, the construction of which could cause significant environmental effects. The Project would have no impact related to the construction or expansion of stann water drainage facilities, since the proposed 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 Signijiwu:e: The Project would have a significant environmental impact if it were to require additional water supply beyond that available from existing entidements and resources. 13 Ibid., p.14-11. 14 Ibid. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -184- 111 CHESTNUT TOWNHOMES · PAGE 49 The Project would utilize existing water entitlements and resources, having no impact on other water resources. e ) Wastewater Treatment Facility Capacity Impact Threshold of Signi/icanr:E: The Project would have a significant environmental impact if it were to result in a detennination by the wastewater treatment provider which may serve the Project that it has inadequate capacity to serve the Project's projected demand in addition to the provider's existing comrmtments. The Project would place a no impact demand on the area's wastewater treatment provider and would not prevent it from fulfilling its existing commitments. f) Solid Waste Disposal Capacity Impact Threshold of Signi/icanr:E: 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 of 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 Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation Less Than Significant Impact No Impact XVII. 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 communitYl 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 -185- 111 CHESTNUT TOWNHOMES · PAGE 50 Environmental Factors and Focused Questions for Determination of Environmental Impact Potentially Significant Impact Less Than Significant with Mitigation [ ] Less Than Significant Impact No Impact b) Does the Project have impacts that are individually limited, but cumulatively considerable? (IICumulatively considerable" means that the 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 directly or indirectly? [ X] [ X] a) Quality of the Environment Implementation of the Project does not 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 major periods of California history or prehistory. There are no Project- related environmental impacts that would not be reduced to a level of less than significant through the implementation of the mitigation measures identified above. b) Cumulative Impacts The Project does not involve environmental impacts that are individually limited, but cumulatively considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. There are no project-related cumulative impacts. c) Adverse Enviromnental Effects on Human Beings The Project would not have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly, because the Project 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 environmental impacts to a level of less than significant. INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -186- 111 CHESTNUT TOWNHOMES · PAGE 51 REFERENCES BIBLIOGRAPHY Bay Area Air Quality Management District, BAA QMD CEQA Guidelines: Assessing the Air Qptality Impacts of Projects and Plans, April 1996. Bay Area Air Quality Management District, BAA QMD CEQA Guidelines, p.23,24. Bay Area Air Quality Management District, "Bay Area Attainment Status" April 1999 (obtained at BAAQMD website: www.baaqmdgov). Bay Area Air Quality Management District, SUJ11l71dfY of Air Pollution in the Bccy Area, individual sheets for 1995-1999; and various Press Releases, Office of Public Information, Education Division, August 1997 through January 2001. Brady.andAssociates, Eastofl01 Area Plan, adopted July 1994. City of South San Francisco, South San Francisco Municipal Oxle: Tree Preseru:ttion, adopted June 28, 2000. Dyett & Bhatia, City of South San Frandsco General Pk:tn, adopteq October 1999. Dyett & Bh~tia, South San Francisco General Plan: Existing Conditions and Planning Issues, prepared for the City of South San Francisco, September 1997. Institute of Transportation Engineers, Trip Generation, 4th Edition, 1987. Project Plans, dated December 30, 2002, prepared by KDA Architects, Inc. REpORT AUTHOR Steve Carlson, Senior Planner INITIAL STUDY / MITIGATED NEGATIVE DECLARATION -187- 111 CHESTNUT TOWNHOMES · PAGE 53 Man.datory Findings of Significance ........... .............. ..... ....... .... ....... ...... ............ ......... ............. .................. .......... ...... ........ 50 REFERENCES 53 BmuoGRAPHY53 AUTHOR 53 APPENDICES ERRORl BOOKMARK NOT DEFINED. 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TENTATIVE MAP FOR PROPOSED RESIDENTIAL SUBDIVISION 111 CHESTNUT AVENUE <ID hi H!2H~~ i' 0 ZllD~t0l%:.x ~ '" ? 0 @ I>> :>> ~~c~>~~~~~c~~~ ~~ w ~~~~8~ffi~~~~~~~ ~~ ~ ~~ZZ~~5~~~Z~~x ~~ m ~~~I~~~~~~~~~~ ~~ ~ ~3:-C -i ~ >!::o 0 gg~ is ~~ z ~ ~ J;i '~ ~ g g ~ :I: 'Z! S! -< '" ~ ~ en :;;! --1 m :s:: m z --1 en (3 l:;~ ~~i::~ "- en c ;U rii lD ~ ~ ~ -< !2 b >= !:l 11:: ~ ~ ~ ~ ~ ~~~g ;U '" oj. Z Z ~ ~ Cl ~ hi !2 -< en ~ -l. ORDINANCE NO. AN ORDINANCE AMENDING TI-IE cr1'Y OF SOU'fI-I SAN FRANCISCO ZONING MAP '1'0 CI-IANGE '1'I-IE LAND USE DESIGNKfION OF 111 CI-IES'1'NU'1' AVENlJE FROM MEDIUM DENSIT'Y RESIDENTIAL (R-2-H) '1'0 MULTI-FAMILY RESIDENTIAL (R -3- L) ze) NE D IST'RI CT WHEREAS, the property is designated "High Density Residential" in the 1999 General Plan; and, WHEREAS, the proposed developnlent generally complies with General Plan goals and polices, specifically General Plan policy 2-G-6, which encourages the maxilllization of opportunities for residential development; and WHEREAS, on January 20,2005 and March 17,2005 the Planning Comlllission of the City of South San Francisco held duly noticed public hearings and recollllllended that the City Council adopt the proposed ordinance amendment; and WHEREAS, an Environmental Impact Report analyzing the impacts of the General Plan update was prepared and certified by the City Council of South San Francisco on October 13, 1999, in accordance with the provisions of CEQA; and WHEREAS, the proposed increase in density was fully addressed in the General Plan EIR; and, WHEREAS, a Mitigated Negative Declaration has been prepared for the project in accordance with the provisions of the California Environlllental Quality Act (CEQA). The Mitigated Negative Declaration No. 02-0020 identifies potential adverse illlpacts attributable to the development of eight (8) new residences. The inlpacts can be reduced to a less than significant level through the inlplementation of mitigation measures. A mitigation monitoring progranl is established to ensure that impacts are reduced to a less than significant level. Mitigation measures, including dust suppression measures during constnlction, preparation and submittal of a of Storm Water Pollution Prevention Plan, retention of a qualified acoustic engineer to identify methods to achieve acceptable noise levels, and lilllitation of constnlction hours, along with monitoring of these mitigation measures, have been incorporated into the project or made conditions of approval which will reduce identified impacts to a less than a significant level. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1. AMENDMENTS The City Council hereby amends the City of South San Francisco Zoning Map for 111 Chestnut Avenue by changing the zoning designation from Medium Density Residential (R-2-H) to Multi- Family Residential (R-3-L). SECTION 2. SEVERABILITY If any provision of this ordinance or the application thereof to any person or circluTIstance is held invalid, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that anyone or lTIOre sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceab Ie. SECTION 3. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo TilTIes, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. * * * * * * Introduced and adopted at a regular meeting of the City Council of the City of South San Francisco, held the _ day 2005. Adopted as an Ordinance of the City of South San Francisco at a regular lTIeeting of the City Council held the day of, 2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this _ day 2005. Mayor taff eport AGENDA ITEM #15 DATE: July 13, 2005 TO: The Honorable Mayor and City Council FROM: Jim Steele, Finance Director SUBJECT: RESOLUTION APPROVING AN EQUIPMENT LEASE THROUGH THE ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) LEASING PROGRAM RECOMMENDATION: It is recommended that the City Council adopt a resolution authorizing a Master Lease Agreement with the Municipal Finance Corporation, through the Association of Bay Area Governments (ABAG) Leasing Program, to acquire an Advanced Life Support (ALS) Ambulance and an Emergency Medical Services (EMS) Computer System. BACKGROUND/DISCUSSION: The Council has previously approved budget amendlnents to replace the ALS ambulance and purchase an upgraded EMS computer system for the Fire Department. Both proposals contemplated lease financing. Lease financing allows the City to preserve cash resources by spreading acquisition expenditures over several years, which better represents costs over the life of the asset. Council approval of tax exempt financing is required by state law. The Association of Bay Area Governments (ABAG) offers a leasing program through the ABAG Financial Services division. The ABAG Leasing Program is designed to provide cities and other agencies with the lowest possible market lease rates on a tax-exempt basis. The City has used lease/purchase financing of heavy equipment in the past to take advantage of tax exempt financing for expensive equipment. The advantage in using the ABAG Leasing Program is that lower interest rates can be obtained through competitive bidding with minimal underwriting, administrative, and legal fees. The Municipal Finance Corporation will facilitate the bidding process and recommend qualifying bidders to the City. Access to a wider range of lenders should result in lower rates for the City's leasing transactions. The Municipal Finance Corporation will also assist the City in negotiating lease purchase terms, preparing final documentation of lease agreements, and in closing financing. The acquisitions of the new ALS Ambulance and EMS Computer System are already included in the current amended budget. Under the ABAG Leasing Program, the City will pay for the acquisition costs up front and be reimbursed for these purchases from lease proceeds, and then make payments over the term of the leases. Staff Report To: Honorable Mayor and City Council Re: ABAG Leasing Program Date: July 13, 2005 Page: 2 of 2 FISCAL IM:P ACT: Funds have been budgeted for these costs. BY:~ Ji teele Finance Director ATTACHMENT: Resolution IN/JS/BN:ed Approved RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF LEASE/OPTION AGREEMENT AND ESCROW AGREEMENT, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ACQUISITION OF AN AMBULANCE,AND EMS COMPUTER SYSTEM, INCLUDING THE DECLARATION OF THE COUNCIL'S INTENT TO ISSUE TAX- EXEMPT OBLIGATIONS TO BE USED TO REIMBURSE THE CITY FOR EXPENDITURES PRIOR TO THE ISSUANCE OF SUCH TAX~ EXEMPT OBLIGATIONS WHEREAS, the City of South San Francisco (the "City") is a city organized and existing under and pursuant to the Constitution and laws of the State of California (the "State"); and WHEREAS, the City desires to provide for financing of the acquisition of an ALS ambulance and EMS Computer System in an approximate amount of $300,000; and WHEREAS, the City expects to incur certain Property expenditures and to pay for such expenditures from the City's money on hand prior to the execution and delivery of the Obligations (the "Reimbursement Expenditures"); and WHEREAS, the City reasonably expects to use all or a portion of the proceeds of the Obligations to reimburse the City for expenditures made prior to the date the Obligations are entered into; and WHE.REAS, the Association of Bay Area Governlnents ("ABAG") provides a Tax-Exempt Lease Program, administered by Municipal Finance Corporation (the "Corporation"), which program provides interested jurisdictions with the opportunity to engage in privately-placed lease financings: and WHEREAS, the City desires to secure lease financing through the ABAG program at an interest rate not to exceed 5.25 %; WHEREAS, the Corporation will solicit competitive proposals on behalf of the City and will assign the lease to the financial institution offering the most cost-effective lease financing arrangement. SECTION 1. Lease/Option Agreement and Escrow Agreement. The City Manager or designee is hereby authorized to enter into a Lease/Option Agreement (the "Lease") and Escrow Agreement (the "Escrow Agreement") with the Corporation to finance the Propeliy, subject to approval as to form by the City Attorney. SECTION 2. Attestations. The Clerk or other appropriate City officer are hereby authorized and directed to attest the signature of the City Manager or of such other person or persons as may have been designated by the Mayor or City Manager, and to affix and attest the seal of the City, as may be required or appropriate in connection with the execution and delivery of the Lease and the Escrow Agreement. SECTION 3. Other Actions. The City Manager and other officers of the City are each hereby authorized and directed, jointly and severally, to take any and all actions and to execute and deliver any all doculnents and certificates which they may deem necessary or advisable in order to carry out, give effect to and comply with the terms of this Resolution, the Lease, and the Escrow Agreement. Such actions are hereby ratified, confirmed and approved. SECTION 4. Declaration of Official Intent. The City herby declares its official intent, subject to the further approval of this Board of Directors, to use approximately $300,000 of the proceeds of the Obligations to reimburse itself for the Reimbursement Expenditures. It is intended that this Resolution shall constitute a declaration of "official intent" within the meaning of Section 1.150-2 of the Treasury Regulations promulgated under Section 150 of the Internal Revenue Code of 1986, as aInended. City further declares that any expenditures to be reimbursed occurred no earlier than sixty days prior to the adoption of this Resolution. All reimbursed expenditures will be capital expenditures as defined in Section 1.150-1 (b) of the Federal Income Tax Regulations SECTION 5. Effect. This Resolution shall take effect immediately upon its passage. * * * * * * 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 , 2005 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk