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Home My WebLink About09-20-07 PC e-packet c\)~\\ S.4N p, ~.~~~ S- ....~~ ,,"!!.el').. ~ ~~'i' .... E-< . I. ! 1111 ~ (JJ .....II"I",,~'-n C)~..~O ~ 0<1i;'~"~ CITY OF SOUTH SAN FRANCISCO REGULAR MEETING OF THE PLANNING COMMISSION MUNICIPAL SERVICES BUILDING 33 ARROYO DRIVE September 20, 2007 7: 30 PM WELCOME If this is the first time you have been to a Commission meeting, perhaps you'd like to know a little about our procedure. Under Oral Communications, at the beginning of the meeting, persons wishing to speak on any subject not on the Agenda will have 3 minutes to discuss their item. The Clerk will read the name and type of application to be heard in the order in which it appears on the Agenda. A staff person will then explain the proposal. The first person allowed to speak will be the applicant, followed by persons in favor of the application. Then persons who oppose the project or who wish to ask questions will have their turn. If you wish to speak, please fill out a card (which is available near the entrance door) and give it, as soon as possible, to the Clerk at the front of the room. When it is your turn, she will announce your name for the record. The Commission has adopted a policy that applicants and their representatives have a maximum time limit of 20 minutes to make a presentation on their project. Non-applicants may speak a maximum of 3 minutes on any case. Questions from Commissioners to applicants or non-applicants may be answered by using additional time. When the Commission is not in session, we'll be pleased to answer your questions if you will go to the Planning Division, City Hall, 315 Maple Avenue or telephone (650) 877-8535 or bye-mail at web- [email protected]. John Prouty Chairperson Judith Honan Commissioner Marc C. Teglia Commissioner Wallace M. Moore Commissioner Mary Giusti Vice-Chairperson Eugene Sim Commissioner William Zemke Commissioner Susy Kalkin, Chief Planner Secretary to the Planning Commission Steve Carlson Michael Lappen Senior Planner Senior Planner Gerry Beaudin Associate Planner Chad rick Smalley Associate Planner Bertha Aguilar Clerk Please Turn Cellular Phones And PaQers Off. Individuals with disabilities who require auxiliary aids or services to attend and participate in this meeting should contact the ADA Coordinator at (650) 829-3800, five working days before the meeting. o\J't\\ SAN p. S.~~~ ~ -..~ ""~~').. "'k ~fi~~ !: , I FU"'''~ll'~ i!} ()~~':o ~~~ ('<1lIroR~~~ PLANNING COMMISSION AGENDA MUNICIPAL SERVICES BUILDING 33 ARROYO DRIVE September 20, 2007 Time 7:30 P.M. II CALL TO ORDER / PLEDGE OF ALLEGIANCE ROLL CALL / CHAIR COMMENTS AGENDA REVIEW ORAL COMMUNICATIONS CONSENT CALENDAR 1. Approval of Planning Commission minutes of May 3rd and 17th 2007. 2. CAS Architects, Applicant BMR-475 Eccles, LLC 475 Eccles Avenue P07-0060: UP07-0007, DR07-0040 & TDM07-0003 (Continue Off Calendar) Demolition of 32,000 square feet of an existing building along the front fa~ade, reconstruction of the existing mezzanine within the building, and conversion of the building to office / R & 0 use. The project would include 90,000 square feet on the ground floor and 30,000 square feet on the second (mezzanine) level for a total of 120,000 square feet. The site is 256,618 square feet in area, or 6.1 acres. The proposed floor area ratio is 0.45. The project includes a Transportation Demand Management Program (TOM Program) targeted at a 30 percent mode shift in accordance with SSFMC Chapters 20.32,20.81 and 20.85. 3. New Single Family Residence Javier & Elvira Valencia/Owner Javier & Elvira Valencia/Applicant 648 Commercial Ave. PUD07-0001 (Continue to October 18,2007) Planned Unit Development application to allow the construction of a new single-family house on a 7,000 square-foot lot located at 648 Commercial Avenue with the following exceptions to the R-3 Multiple Family Zone District (R-3): front yard setback of 10 feet in accordance with SSFMC Sections 20.20 & 20.84. PUBLIC HEARING 4. Genentech Banners Genentech, Inc/owner Genentech Campus P07-0062: SIGNS07-0022 (Continue from September 6, 2007) Type "C" Sign - (Special Circumstances) application to allow Genentech to install and manage a comprehensive sign program for: identified blank walls, glazed elements of pedestrian bridges, and glazed elements of building stairwells on the Genentech Campus in accordance with SSFMC Chapters 20.76, 20.81,20.85, & 20.86. Planning Commission Agenda - Cont'd Page 3 September 20,2007 5. The Korean First Baptist/applicant SSF Unified School District/owner 1400 Hillside Blvd P07-0066: UP07-0008 Use Permit application to allow a religious assembly and associated office uses at 1400 Hillside Boulevard within the School (S) Zone District in accordance with SSFMC Chapters 20.49 and 20.81 ADMINISTRATIVE BUSINESS 6. Ng's Chestnut LLclapplicant Ng's Chestnut LLc/owner 111 Chestnut Ave. PCA07-0002: P02-0020 One Year Time Extension of 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 and lots not fronting on a public right of way, in accordance the SSFMC Title 19, Residential Planned Unit Development Permit 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, Affordable Housing Agreement restricting twenty percent (20%) of the eight (8) units as affordable dwellings in accordance with SFMC Chapter 20.125, and 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 High Density (R-3-L) Zone District, in accordance with SSFMC Chapter 20.85 Previously adopted Negative Declaration (ND02-0002) 7. San Mateo County - Steve Alms /applicant Bay, Community Housing Lp/owner 410 Maple Avenue P07 -0086: PCA07 -0004 (Continued from September 6, 2007) General Plan Conformity finding for the acquisition of this property by the County of San Mateo located in the R-2-H Medium Density Residential Zone District, in accordance with provisions of State Planning Law (Govt. Code Section 65402). 8. San Mateo County - Steve Alms /applicant Michael Kuang, Allice Kuang, King Mun & Sao Un Tom/owners 701 Grand Avenue P07-0085: PCA07-0003 (Continued from September 6, 2007) General Plan Conformity finding for the acquisition of this property by the County of San Mateo located in the R-2-H Medium Density Residential Zone District, in accordance with provisions of State Planning Law (Govt. Code Section 65402). ITEMS FROM STAFF s:\AgeVl,<i~s\PL~VI,VI,'VI,g c.oV\oCV\oC'ss'oVl,\::2007\03-::20-07 R.pc. AgeVl,<i~ .<ioe Planning Commission Agenda - Cont'd Page 4 September 20,2007 ITEMS FROM COMMISSION ITEMS FROM THE PUBLIC ADJOURNMENT db --Z'/ Sus Kalki Secretary to the Planning Commission City of South San Francisco NEXT MEETING: Regular Meeting October 4,2007 Municipal Services Building, 33 Arroyo Drive, South San Francisco, CA. Staff Reports can now be accessed online at: http://www.ssf.netldepts/comms/plannina/aaenda minutes. asp or via http://weblink.ssf.net SKlbla s:\Age,^,vl~s\Pl~,^,,^,l,^,g cov\u'\;llsslo,^,\2007\03-:20-07 RPC Age,^,vl~.vloc c\)~\\ S.4N P, b~'~~~.A ~ ~,...~! ~~~~L .~ o ~"."." () ~ _" j i .... E-< I" I .""1; ,nIl 'I (JJ .....1 '.,,1 .,,,,,_n C)~..~O ..~ ~~ 04l;~"~ MINUTES May 3, 2007 CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION CALL TO ORDER I PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: TAPE 1 7:30 D.m. Commissioner Moore, Commissioner Sim, Commissioner Teglia, Commissioner Zemke, Vice Chairperson Giusti and Chairperson Prouty ABSENT: Commissioner Honan STAFF PRESENT: Planning Division: Susy Kalkin, Chief Planner Mike Lappen, Senior Planner Girard Beaudin, Associate Planner Bertha Aguilar, Admin. Asst. II Sky Woodruff, Assistant City Attorney Sam Bautista, Senior Civil Engineer Sergeant Alan Normandy, Planning Liaison Brian Niswonger, Assistant Fire Marshall City Attorney: Engineering Division: Police Department: Fire Prevention: CHAIR COMMENTS AGENDA REVIEW No Changes ORAL COMMUNICATIONS None CONSENT CALENDAR None PUBLIC HEARING 1. SSF Conference Center The City of SSF/Owner SSF Conference Center/Applicant 255 S Airport Blvd P07-0030: UPM07-0003 & DR07-0019 Use Permit Modification to expand the existing Conference Center by constructing a 4,100 sf addition in the parking lot behind the building in the Planned Commercial (P-C) Zone District in accordance with SSFMC Chapters 20.81 & 20.24. Public Hearing opened. Senior Planner Lappen presented the staff report. Sandra OToole - Conference Center Director and John Lucchesi - Architect gave a presentation on the proposed addition to the conference center and requested that the Commission allow them to work with staff on the final color samples. Commissioner Teglia noted that there may be a wind tunnel effect created by the open entrances. Mr. Luchessi noted that this is a possibility but the Fire Department requires them to remain open. Commissioner Teglia added that the awning extends over all three entrances and noted that the impact to the street needs to be minimized. He asked if the atrium entrance, closest to the street could be deleted and have the covered walkway extend over Planning Commission Meeting of May 3, 2007 - two entrances rather than all three. Ms. OToole noted that there is a need for weather protected access to the facility. Vice Chairperson Giusti questioned the location of entrances into the addition as well as access to facilities within the main conference center structure. Mr. Lucchesi noted that the distance to the restrooms inside the facility is the same as from the current ballrooms to the restrooms. Commissioner Teglia asked if including an interior hallway would be cost prohibitive. Mr. Lucchesi noted that it was function prohibitive. He proceeded to show some photographs that would not allow a hallway because the storage area is already very tightly used. Ms. OToole would not recommend an interior hallway because it is cost prohibitive and would impact the storage area from an operational standpoint. Commissioner Zemke noted that the outside walkway is not an issue as long as it is done tastefully and color is added. Chairperson Prouty asked for the distance between the temporary structure and the existing wall. Mr. Lucchesi responded that it is 6 feet. Vice Chairperson Giusti questioned if there was a need for the space between the two buildings. Mr. Lucchesi noted that the new building has to be weathertight and would also inhibit putting the exterior cladding on the building. Vice Chairperson Giusti asked why a prefabricated building was chosen. Mr. Lucchesi noted that that the decision was driven by building costs and delivery time. Commissioner Sim questioned if there was a need for accessibility around the site and asked if the building could be placed on the opposite side of the building to give a better aesthetic look to the building. He noted his concern with a five foot walkway that may create safety issues. Assistant Fire Marshall Niswonger noted that the walkway could be moved to the north wall but the structure could not due to obstruction of the fire lane. Chairperson Prouty asked if the structure could be made a few feet smaller. Mr. Lucchesi noted that the building is made up of 5 meter modules and to make it smaller, the size of the building will be much smaller. Commissioner Teglia asked if the colors on the walkway would be the Conference Center green. Mr. Lucchesi noted that the colors and materials will be maintained with the palette of the building. Commissioner Teglia asked if the covered sections of the building would be watertight. Mr. Lucchesi replied affirmatively. Commissioner Teglia reiterated his concern with having the awning extend across all three entrances. He pointed out that the awning can still be carried through that area but without an entrance to the Conference Center. Commissioner Teglia noted that once the final colors are selected he would like to see a realistic rendering and materials. Conference Center Director OToole noted that the awning serves as a formal connector to the hotel south of the Conference Center. She added that the awning would provide coverage for the hotel customers. Commissioner Sim asked if the canopy would have lighting for use at night. Mr. Lucchesi replied affirmatively. Chairperson Prouty questioned if the walkway would allow the wind to go through it. Mr. Lucchesi noted that the fabric will be made of a mesh-like material that will allow air to go through it. There being no speakers the Public Hearing was closed. Motion Teglia I Second Zemke to approve P07-0030: UPM07-0003 & DR07-0019 with final review of color and materials by the Planning Commission. Roll Call: Ayes: Commissioner Zemke, Commissioner Teglia, Commissioner Sim, Commissioner Moore and Vice Chairperson Giusti Noes: Chairperson Prouty S:\MLlAuteS\05-03-07 R.PG MLlAutes.oIo~ p~ge ::2 of -'I- Planning Commission Meeting of May 3, 2007 Abstain: None Absent: Commissioner Honan Approved by a 5-1-1 roll call vote. ADMINISTRATIVE BUSINESS 2. SSF School District/Owner Mills Montessori School/Applicant 1400 Hillside Blvd P06-0122: UP06-0028 & DR06-0096 & Signs06-0036 Review of site ingress/egress in accordance with Conditions of Approval 8.b. Associate Planner Beaudin presented the staff report. Commissioner Teglia asked if the entrance to the school area was going to be updated to meet the requirements of the Use Permit. Associate Planner Beaudin noted that the School District has submitted a landscape plan and staff has been working with them to produce a landscape plan that works for this location. Commissioner Teglia asked to see the landscape plan when it becomes available. Chairperson Prouty asked if the stop sign that is to the east of the school entrance could be relocated closer to the entrance and eliminate the cross traffic across Hillside. Senior Civil Engineer Bautista noted that adding another stop sign or moving it would require additional studies and also may create more traffic issues. Chairperson Prouty asked the Commission if they would be willing to have these studies done and then hear staff recommendations. Commissioner Sim asked the applicant to address the Commission on this item. Superintendent of Schools Barbara Olds noted that Mills Montessori will not be allowed to receive their State permits until the City has completed this process. She added that their lease in Millbrae expires soon and are projecting to open the facility in July. Associate Planner Beaudin noted that condition 8.A and the landscape plan are not holding up any occupancy permits. Commissioner Teglia noted that TAC (Technical Advisory Committee) recommends that the traffic signs be left in place. Associate Planner Beaudin added that TAC also requested that the striping be "freshened up". Commissioner Teglia suggested accepting TAC's recommendation with a 3-month review to allow staff to explore Chairperson Prouty's comments. Chief Planner Kalkin clarified that TAC's recommendation is a modification of the original condition. Senior Civil Engineer Bautista commented that stop signs cannot be removed but the option remains to add another one if staff finds that one is necessary. Motion Teglia I Second Giusti to accept TAC's recommendation including a 3 month review to determine if the left turn lane accommodates the use of the school site once the site is occupied. Approved by majority voice vote. Commissioner Honan - absent. ITEMS FROM COMMISSION · Commissioner Teglia asked if the wireless microphone can be relocated or replaced. Chief Planner Kalkin noted that Planning will be provided one of its own and be responsible for the safekeeping of it. · Commissioner Teglia noted that former Senator Lou Papan passed away and asked that the meeting be adjourned in his honor. ITEMS FROM STAFF s:\Mlvw.tes\OS-03-07 R.PC Ml"'Mtes.ctoc PClge 3 of 4 Planning Commission Meeting of May 3, 2007 ... Senior Planner Lappen informed the Commission of the Zoning Ordinance Update stakeholder interviews and asked that the Commission contact the Planning Division with potential stakeholder names. Chairperson Prouty added that height limitations, roof slopes, and topography of hills be looked at. Commissioner Teglia also noted that the code look at mansionization of homes and maintaining the character of the neighborhood. ITEMS FROM THE PUBLIC None ADJOURNMENT 8:38 P.M. Motion Giusti I Second Sim to adjourn the meeting in memory of Lou Papan. Susy Kalkin Secretary to the Planning Commission City of South San Francisco John Prouty, Chairperson Planning Commission City of South San Francisco SK/bla S:\McVl.uteS\OS-03-07 R.PG MCVl.utes.Gloc p~ge -+ of -+ c\)~\\ S.4N p, a~'~~~A. ~ ..,...,~~~~6)L.~ <:> ~",-" () ~ "i i .... E-< ; 1~li '1111 ill (JJ .....11 "I.",,;t._n C)~.~O ~,j,7j!!::-~ ~- 04i;'~"~ MINUTES May 17, 2007 CITY OF SOUTH SAN FRANCISCO REGULAR PLANNING COMMISSION CALL TO ORDER I PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: TAPE 1 7:30 p.m. Commissioner Honan, Commissioner Moore, Commissioner Sim, Commissioner Teglia, Commissioner Zemke, Vice Chairperson Giusti and Chairperson Prouty ABSENT: None STAFF PRESENT: Planning Division: Susy Kalkin, Chief Planner Steve Carlson, Senior Planner Girard Beaudin, Associate Planner Bertha Aguilar, Admin. Asst. II Sky Woodruff, Assistant City Attorney Ray Razavi, City Engineer Tracy Scramaglia, Consulting Engineer Sergeant Alan Normandy, Planning Liaison Brian Niswonger, Assistant Fire Marshall City Attorney: Engineering Division: Police Department: Fire Prevention: CHAIR COMMENTS AGENDA REVIEW No Changes ORAL COMMUNICATIONS None CONSENT CALENDAR None PUBLIC HEARING 1. Haggarty, Claire Cecelia/applicant Haggarty, Claire Cecelia/owner 3500 Callan Blvd P07-0022: UP07-0002 Use Permit allowing a small portion of the existing building to change from office to commercial recreation within 200 feet of a residential district, and to continue allowing shared parking at 3500 Callan Boulevard in the Commercial (C-1) Zone District in accordance with SSFMC Chapters 20.22.020 (b), 20.020.30, 20.74 & 20.81 Public Hearing opened. Senior Planner Carlson presented the Staff Report. Claire Haggarty, co-owner, noted that she attended a seminar for multiple sclerosis (MS) victims and decided to create a gym for individuals with MS, Parkinson's and other injury patients. She noted that there will not be more than 4 one-on-one appointments at a time. She stated that there will be seniors that will be driven to the facility for group sessions. Public Hearing closed. Planning Commission Meeting of May 17, 2007 Commissioner Teglia asked if there were any concerns with regard to parking. Senior Planner Carlson noted that there are not any concerns. Commissioner Sim felt that a 6 month review per staff's recommendations was needed. Commissioner Zemke asked if the number of accesible parking spaces would be increased due to this use. Senior Planner Carlson replied that a Condition of Approval has been incorporated per the Design Review Boards (ORB) recommendation that staff look at relocating one of the spaces closed to the entry, which has been addressed with the Building Official. Chairperson Prouty suggested that the landscaping be upgraded for the site. Motion Teglial Second Sim to approve P07-0022: UP07-0002 with a 6 month review and upgrading the landscaping. Approved by unanimous voice vote. 2. United Parcel Service Alan Ford, Applicant VALACAL COMPANY, Owner 657 Forbes Blvd P07-0006: Signs07-0003 Type "C" Sign Permit allowing a sign program consisting of a facade sign and a monument sign with a total sign area exceeding 100 square feet, situated at 657 Forbes Boulevard in the Planned Industrial (P-I) Zone District, in accordance with SSFMC Chapters 20.76 & 20.86 Commissioner Teglia stated that he would step down from the dais and not participate on this item due to a conflict of interest. Senior Planner Carlson presented the staff report. Chris Bolster, AKC Services representing UPS and Arrow Sign Company, gave a PowerPoint of the proposed sign program. Commissioner Moore asked if there were plans to include the word "Ground" in the signs. Mr. Bolster noted that this was not planned. Commissioner Honan questioned if the customer center and was clearly identified for the public. Mr. Bolster noted that it is clearly identified and the truck entrance is identified for the public to go into it. Commissioner Moore asked if the aluminum will be resistant to graffiti. Mr. Bolster noted that the aluminum can be repainted if needed. Public Hearing closed. Chairperson Prouty commented that the landscaping on Gull Drive has not been kept up. Senior Planner Carlson replied that he could review the Use Permit and ask the owner to invest in some landscaping, but that this is not part of the Type C sign program. Motion Zemke I Second Giusti to approve P07-0006: SIGNS07-0003. Approved by unanimous voice vote. 3. Britannia Forbes Research Center Slough Estates USA, INC, Applicant SLOUGH FORBES LLC, Owner 494 Forbes Blvd P06-0025: EIR06-0001, UP06-0009 & DR06-0021 s:\MlV\.utes\OS-1.7-07 RPC MlV\.utes.GlOC p~ge :? of "1- Planning Commission Meeting of May 17, 2007 Study Session - Use Permit, Design Review and Preliminary TOM plan to construct two new office/R&D buildings (one 4- and one 5-stories) totaling 326,020 sf, and a 3-level parking structure on a 7.48 site in the Planned Industrial (P-I) Zone District in accordance with SSFMC Chapters 20.32, 20.81, 20.85 & 20.120. Public Hearing to receive comments on the Draft Environmental Impact Report. Study Session to introduce the project. Public Hearing opened. Associate Planner Beaudin presented the Staff report. Jon Bergschneider gave an overview of Slough's development history in South San Francisco. Tom Gillman, DES Architects, gave a presentation on the site design and landscaping. There being no speakers the Public Hearing was closed. Commissioner Sim reiterated the Design Review Board's (DRB) comments with regard to the garage and asked if the roof element was looked at in response to DRBs comments. Mr. Gillman noted that they will be bringing the trellis in as a capping element to the garage. Commissioner Moore asked if the mechanical storage and chemicals are being properly contained. Mr. Gillman noted that they are and added that they will also be meeting the mitigations listed in the EIR. Commissioner Teglia suggested adding more of the building's architectural elements into the design of the parking structure, specifically along the Allerton frontage. Commissioner Honan commended the applicant for using the landscaping as a wind barrier. Chairperson Prouty suggested that the building be stepped in and pulled it back from the street. He pointed out that a building in San Francisco has incorporated landscaping into the building and set back the first four floors to soften its impact on the street. He encouraged the applicant to make the parking garage look like part of the building Commissioner Zemke asked if the traffic from this development was included in the Genentech Master Plan to which Associate Planner Beaudin replied affirmatively. Commissioner Zemke noted that the traffic then would not be much worse with this project. He asked if there was an estimate on how long it would take someone to leave the site during peak hour traffic. Associate Planner Beaudin noted that this information is not available at the meeting but the traffic consultant can provide additional information at the next meeting to answer these questions. Commissioner Zemke was concerned about the traffic being generated East of 101 and how much of it is going through the City and not onto the freeway. He questioned if the amount of traffic going through the residential areas of South San Francisco is going to increase and if the City should start looking at analyzing these trends. Associate Planner Beaudin reiterated that the traffic consultant would be asked to attend the next meeting in order to respond to these questions. He added that the Transportation Demand Management Program is something that will be required of the applicant to address the traffic issues in the East of 101 on an ongoing basis. Commissioner Moore concurred with Commissioner Zemke's comments. Chairperson Prouty encouraged the applicant to add colored stamped concrete where the central spine area is and on top of the parking structure to make it look more appealing. Commissioner Sim added that most of the buildings have precise cuts to break the massing. He encouraged doing this by incorporating vertical articulation such as lit up staircases to give a lantern effect. s:\M'''''''tes\OS-:L7-07 RPG M,,,,,,,tes.c\oc p~ge 3 of 4 Planning Commission Meeting of May 17, 2007 ... Commissioner Teglia agreed with Commissioner Sim's comments. He stated that the buildings could be shifted to pull them back from the street. He noted his concern with the traffic and suggested that a requirement can be added to Slough's developments for a coordinated transportation system. John Monfredini, representing Monfredini Properties and Pacific Agriproducts, was not speaking directly on the project but noted concern with the traffic. He was concerned that the research and development projects are being approved without requirements for restaurants or any other type of amenity in the East of 101. He suggested having staggered schedules to lessen the impact on traffic. Commissioner Honan asked Mr. Monfredini if the shuttle program that was in effect in the East of 101 had worked. Mr. Monfredini replied that it did not work but added that if Grand Avenue were more attractive it would have worked. Commissioner Teglia noted that there was a requirement for a restaurant in one of Slough's previously approved projects and questioned what happened to pursuing this. Mr. Bergschneider noted that they recently appeared before the Redevelopment Agency to modify the 5,000 square foot restaurant and were granted a consolidated freestanding amenities building to house anCillary retail services. Public Hearing closed. ADMINISTRATIVE BUSINESS 4. Capital Improvement ProQram Fiscal Year 2007-2008 - Consideration of a resolution finding that the proposed Capital Improvement Program is consistent with the adopted General Plan, in accordance with Government Code, Division 1, Section 65401 Tracy Scramaglia, Consultant Engineer, presented the staff report. Motion Teglia I Second Moore to approve Resolution 2664-2007. Approved by unanimous voice vote. ITEMS FROM STAFF Chief Planner Kalkin noted that the May 21st joint meeting with the City Council was cancelled and will be rescheduled. ITEMS FROM COMMISSION Commissioner Moore thanked the Council for presenting a certificate of recognition to his mother on her 90th birthday. ITEMS FROM THE PUBLIC None ADJOURNMENT Motion Zemke I Second Moore to adjourn the meeting. Approved by unanimous voice vote. 8:57 P.M. Susy Kalkin Secretary to the Planning Commission City of South San Francisco John Prouty, Chairperson Planning Commission City of South San Francisco SK/bla S:\ML",uteS\OS-17-07 RPC ML",utes.clot p~ge 4 of 4 Planning Commission Staff Report DATE: September 20,2007 TO: Planning Commission SUBJECT: BMR-475 Eccles, LLC/Monogram Biosciences: Use Permit to allow the conversion of an existing property from Light Industrial to Research & Development uses and approval of a TDM Plan at 475 Eccles Avenue, in accordance with SSFMC Chapters 20.81, 20.32 and 20.120. Applicant/Owner: Biomed Realty Trust Address: 475 Eccles Avenue, South San Francisco Case Numbers: P07-0060, UP07-000, DR07-0040, and TDM07-003 RECOMMENDATION: That the Planning Commission continue the item off calendar. BACKGROUND/DISCUSSION: The applicant proposes to demolish 32,000 square feet of an existing building along the front fayade and reconstruct the existing mezzanine within the building. The project would include 90,000 square feet on the ground floor and 30,000 square feet on the second (mezzanine) level for a total of 120,000 square feet. The site is 256,618 square feet in area, or 6.1 acres. The proposed floor area ratio is 0.45. Parking is proposed at a ratio of2.66/1,000 square feet of floor area for 319 parking stalls. At this time, the property owner and the applicant would like additional time to finalize plans to undertake improvements on the site. The applicant requests that the Planning Commission continue the item off calendar. Respectfully submitted, 4e1 - Planning Commission Staff Report DA TE: September 20, 2007 TO: Planning Commission SUBJECT: Planned Unit Development (PUD) application to allow the construction of a new single-family house on a 7,000 square-foot lot located at 648 Commercial Avenue with a front yard setback of 10 feet in the R-3 Multiple Family Zone District (R-3) in accordance with SSFMC Sections 20.20 & 20.84. Owner/Contractor: Javier Valencia Applicant: Mark Bucciarelli Case Nos.: P03-0004 & PUD07-0001 RECOMMENDATION: That the Planning Commission continue the proposed PUD application to the October 18, 2007 Planning Commission meeting to allow the applicant time to complete the application materials. DISCUSSION: The applicant requires additional time to complete the plans and gather site information that is relevant to the application. Respectfully submitted, 11-- ' Ge y eaudin """---- Associate Planner I. :i Planning Commission Staff Report I DATE: September 20, 2007 I TO: Planning Commission SUBJECT: Type "C" Sign - (Special Circumstances) application to allow Genentech to install a comprehensive sign program for identified: blank walls, glazed elements of pedestrian bridges, stairwells and building on the Genentech Campus in accordance with SSFMC Chapters 20.40, 20.76, 20.81, 20.85, & 20.86. Applicant/Owner: Consultant: Case Nos.: Address: Genentech, Inc. Propp & Guerin P07-0062: SIGNS07-0022 Campus wide I RECOMMENDATION: I :~ That the Planning Commission approve the proposed sign program based on the Findings of Approval and subject to the Conditions of Approval. BACKGROUNDIDISCUSSION: Section A.8-4 of the recently approved Genentech Master Plan acknowledges Genentech's desire to formally establish a "patient success story program to support the connection between employees and patient success stories" and identifies the fact that staff and the Planning Commission will work with Genentech on this matter. Previous Sign Approvals & Application Process Genentech has been granted two City approvals to install banner style signage on the Campus. Both have been "Type A" one-month temporary sign permit approvals. The first was in March of 1999, and the second was in March of 2006. The signage that is currently present is un- permitted. Due to the number of signs, the requested sizes, the proposed sign rotation program, and the design components, the comprehensive sign program application that Genentech has put forward is not specifically permitted in the Municipal Code. Therefore, staff is reviewing the subject proposal based on the Sections 20.76.170 Special Circumstances, and 20.86.060 Type C Sign Permits - Additional Criteria, which accounts for, "[u]sual site conditions, locations, particular unique signing requirements, or other design factors [which] may warrant types, heights, and sizes of signs not otherwise permitted by the regulations...". STAFF REPORT TO: Planning Commission SUBJECT: Genentech Sign Program DATE: September 20, 2007 Page 2 The Special Circumstances section of the Code also identifies the specific Findings of Approval that must be made (Findings discussed below). Proposal Overview The proposal includes a total of 16 sign locations. Thirteen (13) signs are applied to windows or building walls, which are generally either inward facing to the campus or barely visible from the public right-of-way; and three (3) larger "billboard-like" signs attached to building facades, oriented to face the public right-of-way. Sign Content Each sign includes: . a picture of the patient; . their first name; . their story (one sentence about them, i.e. age, marital status, children); . a science themed background; . the name of the Genentech drug they used/are using; and . a Genentech logo. Sign Material Types Genentech is proposing two types of sign materials, both are 3M products. For all signage that is proposed for windows/glazed areas on buildings, including bridges, a "Scotchcal" perforated window graphic film is proposed, and for signage attached to buildings with a metal frame, a PVC-coated mesh is proposed (see sheet 10 in the plan set for more detail). Proposed Sign Program The application includes four (4) clusters with a total of 13 sign locations, and three (3) separate building mounted signs. The sign location within each of the four (4) clusters is identified on sheet 08 of the attached plans. Each cluster location is summarized below, as are the three separate individual building mounted signs. . Cluster #1 (Lower Campus): Signs mounted/applied on PSI, B5, B6, & B7 The applicant has requested that three of the four proposed sign locations be active at anyone time. All four of the proposed signs are visible from the Lower Campus Central Spine, which is interior to the site (not visible from the public right-of-way). . Cluster #2 (Mid-Campus): Signs mounted/applied on BI0, Bll, BI2/B13 STAFF REPORT TO: Planning Commission SUBJECT: Genentech Sign Program DATE: September 20, 2007 Page 3 The applicant has requested that two of the three proposed sign locations be active at anyone time. All of the proposed sign locations are proposed for pedestrian bridge connections between the buildings. The signage would be mostly not visible from the public right-of-way. . Cluster #3 (Upper Campus): Signs mounted/applied on B24, B25, & B26 The applicant has requested that two of the three proposed sign locations be active at anyone time. All three of the proposed sign locations are inward facing and will not be visible from the public right-of-way. . Cluster #4 (Upper Campus): Signs mounted/applied on B31, B32, & B33 The applicant has requested that one of the three proposed sign locations be active at anyone time. All three of the proposed sign locations are inward facing and would be mostly not visible from the public right-of-way once B31 is completed. . Three (3) Individual Signs Mounted on B4 (Lower Campus), B20 & B36 (Upper Campus) The applicant has requested that all three of these sign locations be active at all times. These three billboard-like signs are attached to the building with a metal frame and brackets. The sign proposed for B4 is 14 feet tall by 31 feet wide, or 434 square feet. The signs proposed for B20 and B36 are each 12 feet tall by 22' wide, or 264 square feet respectively. All three are visible from the public right-of-way and two are visible from the Oyster Point Marina located north of the Genentech Campus. These three billboard-like signs are not integrated into the building architecture, which is a required finding for a Type C Special Circumstances sign application. The three billboard-like signs are not supported by staff because they are contrary to General Plan policy 3.5-1-7 addresses signage and streetscapes for the East of 101 land areas designated Business and Technology Park, which suggests "unified signage" for the entire area. Further, the three billboard-like signs do not meet the intent, nor do they meet the required findings for a Type C Special Circumstances sign program. Municipal Code Required Findings - Cluster #1,2,3, & 4 The Code states that the Findings which the Commission must make before granting a Type C sign permit with Special Circumstances include, but are not limited to: . Neighborhood Compatibility; . Readability; . Integration with Architectural Features; . Recommendation from the Design Review Board; and . Special Circumstances. STAFF REPORT TO: Planning Commission SUBJECT: Genentech Sign Program DATE: September 20, 2007 Page 4 Staff is recommending approval of the signs that are inward facing to the campus. Specifically, sign clusters #1, 2, 3, and 4 as they are identified in the Staff Report. These signs are mostly visible from internal areas on the campus. They will be applied to building windows, bridge windows, stair towers, and to blank walls of buildings. These signs are: compatible with the neighborhood, readable from a pedestrian vantage point, and integrated with the architectural features of the buildings. The Design Review Board (DRB) reviewed the sign program on July 17, 2007 and is supportive of the clusters that are internal to the Campus. They specifically stated that "signage that is inward facing is less of an issue than signs that are visible from the public right-of-way, since the [outward facing] "signs" look very much like advertisement "billboards". Planning Division Conditions of Approval #4, 5, 6, 7, 8, 9, 10, and 11 addresses the implementation and maintenance of the sign program. Required Findings - B4, B20, & B36 The Design Review Board and staff do not support the individual building mounted signs proposed for B4, B20, & B36 as these signs do not meet several ofthe required Findings for approval. Planning Division Condition of Approval #3 addresses the signs proposed for B4, B20, and B36. B4 Signage B4 is proposed to be 434 square feet and is located at the intersection of Forbes Boulevard and DNA Way. The sign location is visible from the public right-of-way, from the Bay Trail, from the Oyster Point Marina, and it will be visible from the new public park/open space that will be constructed on the north side of Forbes Boulevard. In short, this sign location is not compatible with the neighborhood, it is not architecturally integrated with the building and it is not supported by the Design Review Board (DRB). B20 Signage B20 is located on Grandview Drive. The sign proposed for B20 is proposed to be 264 square feet and it will be visible from the Grandview Drive public right-of-way, the Bay Trail, and from the Oyster Point Marina. Unlike most of the signage proposed within the internally facing clusters, the sign proposed for B20 is not integrated with the architecture of the building - the B20 signage resembles a billboard, rather than assuming the shape of a unique building element or being applied to a glazed building element. The DRB was not in support of the signage proposed for B20. TV COUNCIL 2007 RICNARD A. GARBARINO, MAYOR PEDRO GONZALEZ, VICE MAYOR MARK N. ADDIEGO, COUNCILMEMBER JOSEPH A. FERNEKES, COUNCILMEMBER KARYL MATSUMOTO, COUNCILMEMBER BARRY M. NAGEL, CITY MANAGER DESIGN REVIEW BOARD APPROVAL Date: 7/26/2007 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT PLANNING DIVISION (650) 877-8535 FAX (650) 829-6639 Applicant: Genentech, Inc 1 DNA Way, Mailstop 256A South San Francisco, CA 94080 Site Address: Genentech Campus Project No.: P07-0062 & Signs07-0022 On Tuesday, 7/17/07, the Design Review Board reviewed your plans for Type "C" Sign Permit to allow Genentech to install and manage a comprehensive sign program for: identified blank walls, glazed elements of pedestrian bridges, and glazed elements of building stairwells on the Genentech Campus in accordance with SSFMC Chapters 20.76, 20.81, & 20.85. The Board has determined that the application will comply with the Zoning Ordinance and Design Guidelines after the following changes have been made to the plans: 1. Signage that is inward facing is less of an issue than signs that face that are visible from the public right-of-way, since the "banners" look very much like adveliisement "Billboards". 2. Signage on B4, B36 and B20 are not appropriate since they are billboards visible from the public right-of-way. Please inclqde these comments and any others into your application submittal for Planning Commissiorl'. Attached is a copy of the Police Divisions' conditions of approval for you to include into your Planning Commission submittal. If you have any questions regarding this matter, please feel free to contact the Planning Division at (650) 877-8535. Sincerely, 1;, ~ ) , Gerry Beaudin Associate Planner Attachments: Police comments \\SCULL Y\CRWASSOC\DA T A \Attachments\Projects\P07 -0062\P07 -0062_070725.DOC ::\1Fi MAPLE AVENUE . P.O. BOX 711 . SOUTH SAN FRANCISCO, CA 94083 Attachment A Project Description Genentech Patient "Success Story" Display Program The proposed displays will be located within the Central Campus of Genentech's (GNE) Corporate Campus in accordance with the 2007 Genentech Facilities Ten-Year Master Plan. Please refer to the attached map for proposed display locations. The displays will be replaced on an annual basis and will be on a rotation cycle at specific locations in accordance with the attached submittal and maps. Genentech established the patient "success story" display program to support the connection between employees and patient success stories. The program is intended to support Genentech's mission to make a difference in the lives of patients and provide a constant reminder of why employees come to work every day. The use of blank building walls, glazing along bridges and stairways throughout campus for these displays is based on the following standards: · Display locations are oriented so as to be primarily seen by employees from campus open spaces and central spines. A limited number of displays may be visible incidentally from public streets which run through the campus (Forbes Boulevard, DNA Way, Grandview Drive). · Displays will be placed on otherwise blank walls of buildings, glazing along bridges and stairways where there is ample campus pedestrian visibility. · A maximum of four displays may be located in each campus neighborhood. (Refer to attached location map) · Display graphic design will primarily be focused on the patient's photo with mini~al supporting text reflecting the patient's success story through the use of Genentech drugs. Text will include the Genentech logo and patient story, as well as the name of the product;"letters will not exceed 12" in height. ,. A minimum of 85 percent of the banner or flag area will be devoted to graphic design or photos and free of text. · Display condition will be monitored regularly and will be refreshed as needed to assure high quality of condition and appearance. STAFF REPORT TO: Planning Commission SUBJECT: Genentech Sign Program DATE: September 20, 2007 Page 5 B36 Signage B36 is located at the comer of Grandview Drive and Point San Bruno Boulevard. Unlike most of the signage proposed within the internally facing clusters, the sign proposed for B36 is not integrated with the architecture of the building - the B36 signage resembles a billboard, rather than assuming the shape of a unique building element or being applied to a glazed building element. The DRB was not in support of the signage proposed for B36. CONCLUSION: Staff and the Design Review Board (DRB) support the intent of Genentech's Patient Success Story Display Program. Genentech's campus environment, including numerous internal courtyards, spine areas, and the size of the overall campus, allows for ample opportunity to 'speak' to their employees without creating a signage program that is contrary to the intent of the City's sign ordinance and General Plan policies. Signage proposed for B4, B20, and B36 are contrary to the intent of the sign ordinance section of the Zoning Code, the required findings for a Type C Special Circumstances sign permit, and General Plan policy 3.5-1-7. Staff has drafted Findings of Approval and Conditions of Approval that state that Clusters #1, 2, 3, & 4 are appropriate, however the signage proposed for B4, B20, and B36 do not meet the required Findings or the intent of the Zoning Code Sign Regulations. Staff recommends that the Planning Commission approve application P07 -0062 to allow Genentech to install a sign program, with displays that are internal to the campus, as identified in the plans submitted, based on the Findings of Approval and subject to the Conditions of Approval attached to the staff report. 6~ G" d' A . PI erry Beau In, ssoclate anner Attachments: 1. DRB Comment Letter (July 17,2007) 2. Project Description Letter "Attachment A" 3. Plans, dated July 31, 2007 FINDINGS OF APPROVAL GENENTECHBANNERPROGRAM P07-0062: SIGNS07-0022 (As recommended by the Planning Division, September 20, 2007) As required by the "South San Francisco Municipal Code" (SSFMC Section 20.76 & 20.86), the following findings based on the standards outlined in Section 20.86 of the SSFMC are made in support of a Type C Sign Permit application for a banner program that includes signage identified in the staff report as Cluster #1,2,3, and 4, and does not include signage proposed for Building 4 (B4), Building 20 (B20), and Building 36 (B36), in accordance with SSFMC Section 20.86, based on the attached Conditions of Approval, and based on the materials submitted to the City of South San Francisco Planning Division which include, but are not limited to: material samples, campus plan, elevations, and sign plans and details dated July 31, 2007 prepared by Propp & Guerin. 1. Neighborhood Compatibility Signage identified as being part of Clusters # 1, 2, 3, & 4 is mostly visible from internal spaces on the Genentech Campus. These signs will be applied to bridge areas, glazed areas on buildings, stair towers, and to parking structures. The signs are compatible with the campus character that both Genentech and the City strive to maintain and enhance. 2. Readability The signage identified in Clusters #1, 2, 3, & 4 is readable from the pedestrian vantage points they face. The signs are designed to catch the reader's eye with the face image, then the name of the person and the drug they are using, finally their story and the Genentech logo. 3. Integration with Architectural Features The cluster signage will be applied to building windows, bridge windows, stair towers, and mounted on blank walls of buildings and structures. The unique 3M perforated materials result in a sign program that will be integrated with the architectural features of the buildings. 4. Recommendation from the Design Review Board The Design Review Board (DRB) reviewed the project on July 17,2007 and they recommended for the approval of the proposed inward facing clusters of signage, and recommended against the approval of signage for B4, B20, and B36. The DRB stated that the signage proposed for B4, B20, and B36 was "billboard" like and not appropriate. 5. Special Circumstances Genentech's Master Plan and the 200-acre campus area allows the applicant to propose a special circumstances sign program. The proposed clusters of signage allow Genentech to take advantage of their campus design. CONDITIONS OF APPROVAL GENENTECHBANNERPROGRAM P07-0062: SIGNS07-0022 (As recommended by the Planning Division, September 20, 2007) A. Planning Division requirements shall be as follows: 1. The project shall be applied and erected substantially as indicated on the attached material samples, the campus plan, and elevations and sign details dated July 31, 2007, prepared by Propp & Guerin. 2. The applicant shall follow the City of South San Francisco, Department of Economic and Community Development, Planning Division, Standard Conditions and Limitations for Commercial, Industrial and Multi-Family Residential Projects. 3. The proposed signage for B4, B20, and B36 shall be removed from the sign program as they do not meet the required Findings of Approval for a Type C Sign - Special Circumstances. 4. The applicant/owner shall remove all existing 'billboard-like' signage prior to the erection of any new signage approved as part of this application. 5. Cluster # I consisting of Buildings 5, 6 and 7, and Parking Structure 1 shall not have more than three of the four approved sign locations active (mounted, attached or otherwise visible) at anyone time. 6. Cluster #2 consisting of Buildings 10, 11, 12/13 shall not have more than two of the three approved sign locations active (mounted, attached or otherwise visible) at anyone time. 7. Cluster #3 consisting of Buildings 24, 25, and 26 shall not have more than two of the three approved sign locations active (mounted, attached or otherwise visible) at anyone time. 8. Cluster #4 consisting of Buildings 31, 32, and 33 shall not have more than one of the three sign locations active (mounted, attached or otherwise visible) at anyone time. 9. All future sign content and or graphic changes shall be reviewed and approved by the Chief Planner prior to installation. If, in the opinion of the Chief Planner, the sign format changes substantially, the signs will be subject to the review and approval of the Planning Commission. 10. The signs must be maintained in good condition as defined by the Chief Planner and shall be replaced at the request of the Chief Planner. 11. 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'< 00 Z ..... r 0 Q) 0 ..< 3 to ('1) .0 Planning Commission Staff Report I I DATE: September 20, 2007 TO: Planning Commission SUBJECT: First Korean Baptist Church - Use Permit application to allow a Montessori school to operate in the unoccupied portion of the South San Francisco Unified School District buildings at 1400 Hillside Boulevard in the School Zone District (S) in accordance with SSFMC Sections 20.49, 20.81,20.85, & 20.86. Owner: Applicant: Case Nos.: South San Francisco District School Board loong-leek Lee P07-0066: UP07-0008 I RECOMMENDATION: It is recommended that the Planning Commission approve Use Permit application P07- 0066: UP07-0008 based on the attached draft Findings and subject to the attached draft Conditions of Approval. I BACKGROUNDIDISCUSSION: I The subject site is located in the School Zone District. In accordance with SSFMC Section 20.49.030, a religious assembly use is permitted subject to obtaining a Conditional Use Permit. Location and Other Uses at the Site The site is located at 1400 Hillside Boulevard. Residential zoning surrounds the site to the north, west and south, including Terrabay Phase I, which is on the north and west sides of the site. The eastern side of the property abuts San Bruno Mountain open space. Mills Montessori School was granted a Use Permit for this site in December of 2006 and the South San Francisco School District uses a limited amount of space to provide special education services. . Project Overview The First Korean Baptist Church would like to use the multi-purpose room (3,267 sq. ft. of seating area and 1,018 sq. ft. of stage area) for Sunday morning services and for special weekend events up to three times per year. Planning Division Conditions of Approval #3, 4, & 5 and Police Department Condition #2 regulate the special weekend event). The application also includes three classrooms (each approximately 960 square feet), which would be used by the Pastor for office hours, and on Sundays for Bible study classes. The total site is 10 acres and it is owned and operated by the South San Francisco School District. There are three major buildings totaling 31,382 square feet, as well as a parking area with 56 spaces, and large playing fields. P07-0066: UP07-0008 Use Permit - First Korean Baptist Church Page 2 of3 General Plan Consistency & Zonine: The General Plan designation for the subject site is "Public/Institutional". Religious Assembly identified as a potential use within this designation subject to consistency with the Zoning Code. The subject site is zoned'S' School District and is within 200 feet of a residential area. As outlined above, the applicant requires a Use Permit for Religious Assembly within the School Zone District. Parking There are 56 parking spaces available on the property. Because the Mills Montessori School is operating from Monday through Friday during business/school hours, a Joint Use Parking arrangement is required to accommodate the church (per section 20.74.090 of the SSFMC). The parking requirement for this project is based on the occupancy of the space, with one parking space required for every four seats within the multi-purpose room. The maximum occupancy (allowed by Building Code) for the multi-purpose room is 209. The parking requirement would be 53 parking spaces based on maximum occupancy of the multipurpose room. At this time, the Church is using approximately 110 seats in the multi-purpose room. Traffic Based on a site visit and on Engineering Division traffic counts, staff believes that this application will not cause any significant traffic issues. Specifically, staff visited the site on a Sunday morning and there were approximately 35 vehicles in the 1400 Hillside Boulevard parking lot and approximately 50 vehicles in the Hillside Church Parking (1415 Hillside Boulevard). Pass-by traffic on Hillside Boulevard was minimal. The minimal pass-by traffic corresponds with existing traffic counts which suggest approximately 80 pass-by trips between lOam and llam. Signage No signage has been approved with this application. The owner of the property is working on a master sign program for the property and will submit an application prior to erecting any signage on the property. Neie:hborhood Meetine: A neighborhood meeting was held on Tuesday, July 31, 2007 at 1400 Hillside Boulevard and was attended by staff The meeting was held from 6:30PM to 7:30PM. The Pastor, several congregation members, and Jeff Bonner (SSFUSD) were in attendance to answer questions. Nobody from the neighborhood attended the meeting. CEQA: The proposed development has been determined to be categorically exempt under the provisions of Section 15301 - Class 1 - (a): Minor alteration to existing facilities. P07-0066: UP07-0008 Use Permit - First Korean Baptist Church Page 3 of3 CONCLUSION: Staff recommends that the Planning Commission approve application P07-0066 for Use Permit application number UP07-0008 based on the attached Findings and subject to the attached Conditions of Approval. The proposed Religious Assembly use within the underused school site meets the intent of the General Plan and complies with all the development standards outlined in the Municipal Code. ~~<' . Gerry Beaudin, Associate Planner TMS/ghb Attachments: Findings of Approval Conditions of Approval Plans, dated July 20, 2007 FINDINGS OF APPROVAL P07-0066: UP07-0008 FIRST KOREAN BAPTIST CHURCH 1400 HILLSIDE BOULEVARD (As recommended by City Staff September 20, 2007) As required by the "Use Permit Procedures" (SSFMC Chapter 20.81) the following findings are made in support of allowing a Religious Assembly use at 1400 Hillside Boulevard in the S School District in accordance with SSFMC Chapter 20.8 1 subject to making the findings of approval and, based on public testimony and the materials submitted to the City of South San Francisco Planning Commission which include, but are not limited to the plans prepared by the applicant with a date of July 20, 2007; Planning Commission staff report, dated September 20, 2007; and Planning Commission meeting of September 20,2007: 1. The Religious Assembly use at 1400 Hillside Boulevard will not be adverse to the public health, safety or general welfare of the community, or detrimental to surrounding properties or improvements. The First Korean Baptist Church will reuse an underused portion of a former school site, primarily weekends. 2. The proposed project complies with the General Plan Land Use Element designation of "PubliclInstitutional" by conforming with the zoning regulations for religious assembly. 3. The proposed project complies with the standards and requirements of the S Zone District. The church will move into an existing building. The onsite parking is adequate based on a Joint Use Parking situation, whereby the applicant uses the facility on weekends and after hours and the existing education uses operate from Monday through Friday during regular business hours. * * * DRAFT CONDITIONS OF APPROVAL P07-0066: UP07-0008 FIRST KOREAN BAPTIST CHURCH 1400 HILLSIDE BOULEVARD (As recommended by City Staff September 20, 2007) A. Planning Division requirements shall be as follows: 1. The applicant shall comply with the Planning Division's standard Conditions and Limitations for Commercial, Industrial and Multi-family Residential Projects. 2. The project shall be completed and operated substantially as indicated in the plans prepared by the applicant, dated July 20, 2007. 3. The applicant shall limit their use of multi-purpose room to Sunday church services, a maximum of three special events per year. 4. The applicant shall limit the number of special events to a maximum ofthree per year. 5. The special events shall be limited to a Friday evenings, Saturday, and Sunday. 6. The applicant shall limit their use of the smaller classrooms to the Pastor's office hours and to the services provided during regular services and office hours. Planning Division contact Gerry Beaudin, Associate Planner, (650) 877-8353 B. Police Department conditions of approval are as follows: 1. Municipal Code Compliance 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. 2. Miscellaneous Security Conditions Special events with more than 75 persons in attendance require prior approval from the Police Department. The Police Department will assess the need for additional security and traffic issues at the time of application. Applications must be submitted no less than 10 business days before the event. The applicant is responsible for the conduct of all persons attending the event. NOTE: For additional details, contact the Community Relations Sergeant at (650) 877- 8922. Police Department contact, Sergeant E. Alan Normandy (650) 877-8927 Draft Conditions of Approval Page 2 of3 C. Building Division conditions of approval are as follows: 1. Provide a handicapped van accessible parking stall with the off load on the right of the vehicle. 2. If the pulpit is to be used for a choir or similar uses, ramp providing access for the disabled is required. 3. All exterior barriers (chain link fences or gates) are required to have panic hardware. 4. Exit signs are required to clearly identify the paths of exit to the public way. Building Division contact Jim Kirkman, 650/829-6670 D. Fire Department conditions of approval are as follows: 1. Fire alarm needs to have annual alarm test. 2. If cooking is to occur in kitchen, the hood and duct fire extinguishing system needs servIce. 3. Rooms that exit to the outside, not the hallway, need to be posted with an exit sign above the door. 4. Add an exit sign to the door near the stage. 5. Post the room occupancy. 6. Provide a site map with locations of occupancies, fire alarms - contact Fire Department for format. Fire Prevention contact, Bryan Niswonger, 650/829-6645 i roo . !\ u? 0 t :! i . i (;) CD '-t xl 3 -< en z~u \!>> ~~i 0 ~~r ~~ ~Io ~:;; s i~~ :Ie ~i ; r== 0 ~ !ll"j 52 ~Icn>> !~~ r- ~ ~~ U> ..~ c ~'"~ ~ ~" -' in ttl'?\"O !lii 0 ;g <;:~~~ ~ ..~ ~ ~.. :z @~ rr, n eo~ ~ m~ il:~ ~ o~ co' r- -c:::::: ~l I l ~}~ I/~ /' oIjil r~ ~~::- .,;-1 :m ~.." r- ;a:.. Z C D !:! '" ." e::>: '1 e::>: '1 ~8 i6 ... ~ t:i " ~o "'0 ;:: ...~ ~~ " "iii .; 5iii . "iii '" ... M :>: "'''' . "'''' . ~tIl~Vl ::I ." -7: ~ ~~ , , ",,..:.>!;' ... 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I rr:I ' I ~ ~ o ~~ ~ ,.----, oJ-- .'-e" ;::0 I U) - ~ i~ 00 ~ ~ m ~ C r- ::! ~IJ:? .~ C;~ o~ l~ CJ)~ m ':DJt I,O~ I'~ '_~L___u~,I' )> N 'I I I to ~ r-- o o ~ "tl r-- > Z ~ "'Ol ~ , ~ G CD i ~ III al ::.~ - .., .-J C0 ----------1i;T- . g i a .. woo~ d IH9(!jOM SJ....3S O~, '4 ,- (). fI1 ') D-~ <;lNI~.3dJO ,- 0", o .l.ldlnd " ;, ... 2ii .1 ... ~ 1400 HILLSIDE BLVD. SOUTH SAN FRANCISCO, CA DATE: TO: SUBJECT: Planning Commission Staff Report September 20, 2007 Planning Commission Time Extension of: 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. 4. Design Review allowing for the construction a two-story eight (8) unit condominium development in accordance with SSFMC Chapter 20.85. Project Location: 111 Chestnut Avenue (APN 011-312-090) in the High Density Residential (R-3-L) Zone District. Codes: SSFMC Chapters 20.20, 20.78, 20.85, 20.125 & Title 19. Mitigated Negative Declaration: Previously adopted by the City Council on July 21,2005 Affordable Housing Agreement requiring 2 units as affordable dwellings previously adopted by the City Council on July 21,2005. Owner and Applicant: Ng's Chestnut, LLC Case No.: PCA07-0002 [P02-0020 (RZ02-0002, SA-02-0001, PUD02- 0002, AHA02-0001, DR02-0002 & ND02-0002)] Staff Report To: Planning Commission Re: PCA07 -0002 September 20, 2007 Page 2 of6 RECOMMENDATION: That the Planning Commission recommend that the City Council approve a Time Extension of 1.) Tentative Subdivision Map allowing the subdivision creating eight (8) parcels and common area, 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.) Residential Planned Unit Development Permit 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, and 4.) 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 High Density (R-3-L) Zone District, subject to making the required finings and adopting conditions of approval. BACKGROUND/DISCUSSION: The City Council approved the development at their meeting of July 21,2005. The approvals have expired and the owner has filed for a time extension. The South San Francisco Municipal Code [SSFMC] provides that discretionary approvals are granted for a maximum of two years from the effective decision date. If the owner does not receive a Building Permit and commence construction soon thereafter, the approvals will expire. In accordance with the SSFMC an extension may be granted by the City for up to a maximum of one year from the expiration date. If an owner allows the one-year time extension to expire and obtains no Building Permits, no further extensions are permitted and the owner is required to file a new planning application. The owner's written request for a time extension is attached to this staff report. Because the development involved a Tentative Subdivision Map with exceptions and a Planned Unit Development, both the Planning Commission and the City Council approvals are required. City staff is recommending a three month extension in order that the Tentative Subdivision Map can be revised to reflect the original concept of creating eight individual lots [one lot per dwelling] and a separate common lot containing the shared driveway, visitor parking spaces, the two recreation areas and the front yard along Chestnut A venue. The current map does not include these features and would rely on multiple easements. In our experience this approach is not only confusing, but will likely lead to potential ownership conflicts and maintenance issues. City staff has met several times with the owner to review these concerns. In staffs experience, three months is more than ample time to allow the project Civil Engineer to Staff Report To: Planning Commission Re: PCA07 -0002 September 20, 2007 Page 3 of6 prepare the Tentative Subdivision Map. The owner has also agreed to a condition of approval that will require the owner request an additional extension for the remaining time to the approval expiration on July 21, 2008. This condition will allow a review of the revised map by both the Planning Commission and City Council. This will assure that the Tentative Subdivision Map and the Final Subdivision Maps are consistent with the City's intent to encourage and facilitate a sense of community through shared responsibilities and obligations, neighborliness and reduction of potential ownership and use conflicts. Project Overview The 0.523 acre site was historically used as a single-family dwelling, but has been vacant for the last couple of years [the former one-story Victorian cottage style dwelling having been demolished]. The site is adjacent to other dwellings including multi-family apartments, condominiums, town homes and more traditional single family dwellings. The development includes the construction of eight two to three-story residential condominiums. Seven of dwellings will include 3 bedrooms and only one dwelling will provide 2 bedrooms. Parking will be provided on-site in individual unit garages [two garage spaces per dwelling] and eight open at-grade visitor parking spaces. The site will be landscaped and will include a combination of private and public recreation spaces - including decks attached to the units and both private and common yards. The development was required to enter into an Affordable Hosing Agreement [AHA] with the City and provide 2 affordable dwellings to qualified households [SSFMC Chapter 20. 125 requires a minimum of 20% of the total number of dwellings of residential developments with 4 or more units]. In accordance with the AHA, the owner purchased and rehabilitated two off-site dwellings and has transferred ownership of the dwellings to Mid-Peninsula Housing a non-profit housing agency to lease the units as affordable units. Because the AHA is an active agreement, the Planning Commission need take no action. The project site's General Plan land use designation, High Density Residential, allows multi-unit development. The project complies with the General Plan goals and policies. As part of the original approval, the site was rezoned from Medium Density Residential (R-2-H) to Multi-Family Residential (R-3-L) Zone District. The development is consistent with the R-3-L Zoning. Because the Rezoning has occurred and is reflected on the SSF Zoning Map, no action is required by the City. Staff Report To: Planning Commission Re: PCA07 -0002 September 20, 2007 Page 4 of6 ENTITLEMENTS The Residential Planned Unit Development Permit involves exceptions from lot area, setbacks and lot coverage allowing the dwellings to be constructed on individual lots. The common area will include the shared driveway, visitor parking spaces, the two recreation areas, and the front yards adjacent to Chestnut Avenue. 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 Residential Planned Unit Development Permit exceptions. The project includes two affordable dwelling units in accordance with the provisions of SSFMC Chapter 20.125. The time extension of the Affordable Housing Agreement will also require approval by the City. DEVELOPMENT STANDARDS The approved development complies with the SSFMC standards as displayed in Exhibit #A. The development involves reductions in the 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 minimum requirement of an 11.5 foot setback. Dwellings will be provided with private yards and balconies and the 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. The common areas will be maintained by the homeowner's association established for the development. A total of 24 parking spaces will be provided, including eight open at-grade visitor spaces. FENCE In response to a concern raised by the adjacent property owner, a condition of approval was required to ensure that the fence between the development and the neighbors on the shared westerly property boundary was designed to be aesthetically compatible with the approved architecture and of adequate height to reduce the privacy impacts on the adjacent properties. In accordance with the conditions of approval, the owner has met with the affected neighbors and is designing a fence to meet their concerns. The condition of approval further provides that no Grading Permit or Building Permit may be issued until the fence issue has been resolved. Staff Report To: Planning Commission Re: PCA07 -0002 September 20, 2007 Page 5 of6 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. The Mitigated Negative Declaration with Mitigation Measures was adopted by the City Council on July 2005. Both documents are judged by City staff to adequately address environmental concerns associated with the proposed development. Therefore, no action is required by the Planning Commission regarding the environmental document. CONCLUSION: The Time Extension allowing the construction of an eight (8) dwellings is consistent with the City's General Plan and will help in meeting the City's Housing goals and objectives. The development meets the applicable requirements of the City's Zoning and Subdivision Ordinances. Design revisions were required by both the Planning Commission and the City Council to ensure that the new dwellings are compatible with the immediate development vicinity. Conditions of approval will require that the development meets is constructed in accordance with the approved plans, and that the westerly property boundary fence meets the approval of the adjacent property owner. Therefore, the Planning Commission should recommend that the City Council approve 1.) Tentative Subdivision Map allowing the subdivision creating eight (8) parcels and common area, 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, 3.) Residential Planned Unit Development Permit 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, and 4.) Design Review allowing for the construction a two-story eight (8) unit condominium development. c~~~~ Ste ar son, Semor lanne --- Attachments: Exhibit #A Approved Conditions of Approval Draft Planning Commission Resolution Staff Report To: Planning Commission Re: PCA07 -0002 September 20, 2007 Page 6 of6 City Council Staff Report July 13, 2005 Affordable Housing Agreement Plans EXHIBIT #A 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: Minimum: 10% Proposed: 35% Automobile Parking Townhome Minimum: 34 Proposed: 24 Multifamily Minimum: 18 Proposed: 24 Setbacks Minimum Proposed Front 15 FT 15 FT (Chestnut) Side 5 FT 10 FT Rear 11.5 FT 10FT Note: Individua110ts vary in setbacks and lot coverage. ------ ,~-- L!..- L!..- L!..- L!..- ex> (f) (f) (f) (f) ex> L.{) r--- N l1J t- o N t- r-r) N Z ~ l1J Z ~ r--- => 0 N => N ---- --- L!..- w- LL LL ....... 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'<:j' v- co t- L.{) r--- N t- N N Z '<:j' 1O Z N 0 N => 0 ~ => - N <X: -~--- --- W ex: <X: 0::::: 0::::: ex: 0 0 0 0 0 0::::: 0 --.J --.J 0 LL LL 0 Ul ....J --.J 2 U. 0 0 LL 0 <.!J z z 0 Ul Z => 0 0 --.J 0::::: 0 0::::: <( 0 :::r:: 0 u ~ f- f- ....J 0::::: W :::r:: 0 w <( C) Ul f- f- IT) IT) => m ----- --- RESOLUTION NO. PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SOUTH SAN FRANCISCO RECOMMENDING THAT THE SOUTH SAN FRANCISCO CITY COUNCIL APPROVE A THREE (3) MONTH TIME EXTENSION NO. PCA 07-0002 OF A RESIDENTIAL PLANNED UNIT DEVELOPMENT, TENTATIVE SUBDIVISION MAP, AND DESIGN REVIEW ON AN 0.52 ACRE SITE SITUATED AT 111 CHESTNUT AVENUE. WHEREAS, the South San Francisco Planning Commission held duly noticed public hearing on September 20,2007; WHEREAS, as required by the SSFMC Title 20 (Zoning Regulations) and SSFMC Title 19 (Subdivision Ordinance), the Planning Commission makes the following findings in support of three (3) Month Time Extension ofa Residential Planned Unit Development, Tentative Subdivision Map, and Design Review on a 0.52 acre site situated at 111 Chestnut Avenue, owned by Ng's Chestnut LLC, based on public testimony and the materials submitted to the City of South San Francisco Planning Commission which include, but are not limited to a Housing Agreement dated November 22,2005; Architectural and Landscape Plans, dated September 2007, prepared by Best Designs and Construction Company; September 20, 2007 Planning Commission staff report; and the September 20, 2007 Planning Commission meeting. 1. 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 demand. The proposed density of 15.39 units per acre for the 0.52 acres to be developed with dwellings is well within the overall density of37.5 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 ofland 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 recently approved subdivisions in the City. 5. A Mitigated Negative Declaration was previously adopted by the City Council on July 13, 2005 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 program have been incorporated into the project or made conditions of approval which will reduce identified impacts to a less than a significant level. 6. The Subdivision ofthe 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 town 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 known 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 below, the Planning Commission finds and determines that the Time Extension is necessary to allow the development to proceed and is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan in that (a) the General Plan designation for the site is High Density Residential and the proposed subdivision and townhouse development is consistent with those land use designations, (b) the project is consistent with the fiscal policies ofthe General Plan with respect to provision of public infrastructure and services, and housing. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends that the South San Francisco City Council approve the Time Extension of Residential Planned Unit Development 02-0020, Tentative Subdivision Map 02-0020, 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. * * * * * * * I hereby certify that the foregoing resolution was adopted by the Planning Commission ofthe City of South San Francisco at the regular meeting held on the 20th day of September 2007 by the following vote: AYES: NOES: ABSTENTIONS: ABSENT: Attest: Secretary to the Planning Commission Sta-~:' Re-)ort DATE: July 13, 2005 TO: Honorable Mayor and City Council FROM: Marty VanDuyn, Assistant City Manager SUBJECT: 1. TENTATIVE SUBDNISION MAP ALLOWING THE SUBDNISION 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 I RECOMMENDATION: That the City Council follow the recommendation of the Planning Commission and approve 1.) Tentative Subdivision Map allowing the subdivision creating eight (8) parcels and common area in I 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 ofSSFMC 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. DEVELOPMENT 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: 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: Individual lots vary in setbacks and lot coverage. NA Proposed: 40% Proposed: 35% Proposed: 24 Proposed: 24 Proposed: 15 FT Proposed: 10FT Proposed: 10 FT 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). 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 Terrabay, 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 By Marty VanDuyn Assistant City Manager Barry M. Nagel 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 CONDITIONS OF APPROVAL 111 CHESTNUT TOWNHOUSES MND, SA, PUD & DR 02-0020 (As Approved by the City Council on July 13,2005) 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 of 24 inch box and 15% ofthe 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&Rs shall be subject to the review and approval by the City's Chief Planner, City Engineer and City Attorney. Both the Final Subdivision Map and CC&Rs shall be recorded with the San Mateo County Recorder's Office prior to the issuance of any Building Permit. 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 = $13,040.00). 6. Prior to the issuance of any building permit the owner shall implement the provisions of the Affordable Housing Agreement. The implementation plan shall be subject to the review an approval of the City's Housing Division Manager. 7. The applicant shall comply with all mitigation measures and the Mitigation Monitoring Program associated with Mitigated Negative Declaration 01-012. 8. Prior to the final inspection of each dwelling in accordance with SSFMC Chapter 19.24, the owner shall pay the City fee in-lieu of park land dedication. The fee is based on the formula contained in SSFMC Chapter 19.24 and cannot be estimated at this time without the market value being known [(Dwelling) x (PopulationlDU) x (3 acres/1,000 population) x (Fair Market ValuelBuildable Acre) = ($ 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 subject to the review and approval of the City's Park and Recreation Director. 9. Within six (6) months ofthe approval ofP02-0020 the owner shall consult with the adjacent property owners regarding the design of the perimeter fence along the westerly property boundary. The fence design shall be subject to the review by the Planning Commission. 10. The final construction plans shall include changing the roof pitch ofthe building fa9ade 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 650/829-6639) 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 Apartment Developments with Private Streets and Utilities", consisting of 8 pages. These conditions are contained in the Engineering Division's "Standard Conditions for Subdivisions and Private Developments" booklet, dated January 1998, (copies of this booklet are available at no cost to the applicant from the Planning and 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 ofthe 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. 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 sight1ine obstructions along the frontage of Stone gate 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 IMPROVMENTS Various off-site improvements will be required to be constructed by the subdivider, such as intersection conform modifications, sidewalk and curb and gutter repairs and sewer, storm drain and utility connections and modifications within Ridgeview Court. Prior to the City Council approving the final map for the subject subdivision, the subdivider shall enter into a subdivision improvement agreement to secure the installation of all off-site public improvements. Alternately, the subdivider may obtain an encroachment permit from the Engineering Division and post cash deposit to secure the performance and payment of the work within the public street right-of-ways as shown on the approved improvement plans, prior to filing the final map for approval by the City Council. 4. INSPECTION The Engineering Division provides limited inspection services for the construction ofthe 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. TEMPORARY AND PERMANENT OCCUPANCY The subdivider will likely request temporary occupancy of one or more homes to be used as models. Also, the subdivision's permanent residents will probably want to move into their homes before heavy construction within the project is complete. Either request could result in the public and/or residents being impacted in various health and safety ways by the construction activities. 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. 4) Pavement, curb, gutter and sidewalks shall be provided within the model home complex. b. Prior to receiving permanent occupancy permits for the homes within the subdivision, the developer shall submit for the City staffs review and approval a plan that will address, at a minimum, the following items: 1) All construction areas shall be completely fenced off from the portion ofthe site occupied by the new residents and subject to public access. 2) All street lights within the occupied portion ofthe subdivision shall be operational and lit. 3) All traffic signs and pavement markings within the portion ofthe site accessible by the public shall be installed in 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 DEPARTMENT: 1. Site Plan and Subdivision Map a. The Police Department has no concerns with the subdivision map. b. On-site parking and circulation appear adequate and acceptable for the project. c. The applicant shall submit a list of proposed street names for the project to be reviewed and approved by the Police Department before filing of the parcel maps. City policy precludes the use of street names that are duplicates or sound alike of existing streets or names of living persons. Street names should be easy to pronounce, contain no unconventional spelling, and be unconfusing so that the public and the children, in particular, can handle the names in an emergency situation. The use of E1 Rancho Drive is permissible. d. No fire lanes will be approved on site. The roadway system shall be designed so that roadways are wide enough so fire lanes are not necessary. 2. Municipal Code Compliance 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 1) 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 minimum throw of one inch. a) The locks into the residence shall be so constructed that both deadbolt and deadlocking latch can be retracted by a single action of the inside door knob. (Garage exit doors and rear french doors may have a regular deadbolt lock.) b) Strike plates shall be secured to wooden jambs with at least 2 inch wood screws. 4) Vision panels in exterior doors or within reach ofthe inside activating device shall be of burglary-resistant glazing or equivalent. I (This includes the fixed garage window adjacent to the exit door and french door glazing panels within reach of the locking device.) 5) Overhead garage doors shall be equipped with automatic openers and shall not have bottom vents except those doors having double louvered or shielded vents or approved alternate devices to protect the locking mechanism. c. Windows 1) Windows shall be constructed so that when the window is locked, it cannot be lifted from the frame. 2) The sliding portion of a sliding glass window shall be on the inside track. 3) Window locking devices shall be capable of withstanding a force of 300 lbs. in any direction. d. Numbering 1) A street number shall be displayed in a prominent location on the street side of the residence in such a position that the number is easily visible to approaching emergency vehicles. a) The numerals shall be no less than four (4) inches in height and shall be of a contrasting color to the background to which they are attached. b) The numerals shall be lighted at night. 2) The applicant shall submit a project addressing prior to building permit application. Addresses should run in a clockwise direction. 1 5/16" security laminate, '/." polycarbonate or approved security film treatment, minimum. 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 project with a chain link fence with necessary construction gates to be locked after normal construction hours. A security person shall be provided to patrol the project after normal working hours during all phases of construction, and adequate security lighting shall be provided to illuminate vulnerable equipment and materials. 2) The 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 project to be reviewed and approved by the Police Department. The applicant shall indicate if the plan should be approved considering principles of Feng Shui. 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 activity from 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 DEPARTMENT: 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 IlIA of the Fire Area exceeding 3,600 sq ft. Describe common walls at property lines. (Fire Department contact person: Bryan Niswonger 650/829-6671) 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 adequate 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) : RECORDING REQUESTED BY: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF SOUTH SAN FRANCISCO 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA 94080 WHEN RECORDED MAIL TO: ECONOMIC AND COMMUNITY DEVELOPMENT CITY OF SOUTH SAN FRANCISCO 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA 94080 Documentary Transfer Tax $ EXEMPT County of San Mateo City of South San Francisco ~ Right of Way Agent SATISFACTION OF AFFORDABLE HOUSING AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND 111 Chestnut LLC This Satisfaction of Affordable Housing Agreement (this "Agreement") is entered into this day of N ~ \J hM fhfa2.- /j" ~ , 200~, by and between the City of South San Francisco ("City"), and 111 Chestnut LLC ("Developer"). RECITALS WHEREAS, City and Developer have entered into that certain Affordable Housing Agreement dated No\lbM~~ 1,.~, 200~ (the "AHA") and recorded in the Official Records of San Mateo County on \'LWI~"'env 1/!J, 2000 as Instrwnent No. /j, Of!)!7- 1-"6 q8'3 ct!JlJp to develop eight dwelling units at 111 Chestnut Avenue, 011-312-090 APN (project Property). WHEREAS, pursuant to the terms of the AHA, Developer has satisfied its obligations under the AHA by providing two housing units at an off site location (383 Suzie Way, South San Francisco, CA 94080); and WHEREAS, pursuant to the terms of the AHA, Developer has sold the Below Market Rate located at 383 Susie Way, South San Francisco, CA to Willow Gardens Housing Associates, LP, a not-for-profit California Limited Partnership (Transferee), and said Transferee has acknowledge and agreed to purchase the property subject to the AHA; and WHEREAS, Transferee entered into a Purchase and Sale Agreement for 383 Susie Way, South San Francisco, CA and has executed and recorded a Rent Restriction and Right of First -1- Refusal Agreement under the terms of which the Transferee has assume the obligations and duties of the AHA and; WHEREAS, Transferee has recorded that certain Rent Restriction and Right of First. Refusal Agreement for Below Market Rate Property against the property located at 383 Susie Way, South San Francisco, CA 94080 in the Official Records of San Mateo County on Nov~ 1--, , 200 E... as Instrwnent No. /). Oen.- "2-{)C11 ~ q eoN F and the BMR units shall remain restricted and affordable to the designated income group(s) for a term of fifty-five (55) years; and WHEREAS, pursuant to the terms of the AHA, City is required to provide Developer with a recordable document stating that all obligations and conditions of the AHA related to the Project Property (as defined herein and in the AHA) have been fully and completely satisfied. NOW, THEREFORE, the City and Developer agree as follows: 1. Satisfaction and Termination of AHA. The City hereby acknowledges that Developer's obligations under the AHA have been satisfied and that the Project Property is no longer restricted by or subject to the terms of the AHA. 2. Continuing Obligation of the Rent Restriction Agreement. Notwithstanding the satisfaction and termination of the AHA, Developer acknowledges that the property located at 383 Suzie Way, South San Francisco, CA shall remain subject to the terms and obligations of the Rent Restriction and Right of First Refusal Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. DEVELOPER 111 Chestnut LLC CITY CITY OF SOUTH SAN FRANCISCO By: '" ~~I4=~ Kin-F g Charles Ng Managing Partner ~( By:.. <-<-~., . Lf '?A" Barry . Nagel City Manager ,-,. -2- ; . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 ~ ~t State of California ~~ h'\~Q() \ }ss County of onN~~~~Y ~ ..2-Q(\E=':, before me, Omo 0' ~ personally appeared "t\\Y) ~\. \ -:~ ~(.}: Q~ Q~~(),.~\('~ Namo and Tltlo of OffIcer (o.g.. '~o, Notary Public N~ ~ \J\~ ~Y"\ts \ ~ '^^- Namo(.) of Slgnor(.) . o personally known to me ~roved to me on the basis of satisfactory evidence I :1 Ie 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. Ja~ ~ ~ - ~~~7~1 I -_.~ -.. MaIeO eo.nr __ + ~. ~~1'e'~l~d ~ ~ ~ ~ WITNESS my hand and official seal. Qc.W.~\='~~~~~ Slgnaturo of Notary ubllc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: [~ ~~ Capacity(ies) Claimed by Signer Signer's Name: ~ ~ Top of thumb here o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: C 1999 Nalional Notary AssooIatJon. 9350 De Solo Avo., P.O. Box 2402. Chalsworth, CA 91313-2402. www.NationaINotary.org Prod. No. 5907 Reorder: Call ToU-Free 1.allO-a71Xi827 ~ ! ~ i ~ ~ I :, i! ) CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT } ~ ~ State of califo~ _ \ i #, \ _ 1 ss. ~ ~ County of v~ \J\~.\'t 0 ~. ~ ~ On ~C) 'oJ 2- L. Lr::x--.::~ before me, ~~"'o- '-, 4\ex ~& 1" 'i~ Date~ . N~8 and 11tle of ~r (e.g., -Jane Doe. Notary Public") personally appeared \.J=>..r '(; ~\ \--\ , ~o tA-Q... \ I,. --...) Name(s) of Signe~ I~ ~ [~ I~ :J [~ I I~ t .~ ~personally known to me o proved to me on the basis of satisfactory evidence to be the person~ whose name~) is/are- subscribed to the within instrument and acknowledged to me that he/s~ executed the same in his/~ authorized capacity(ies), and that by his/her/their signature~ on the instrument the person~ or the entity upon behalf of which the person% acted, executed the instrument. BERTHA l. HERNANDEZ _ Commission # 1380028 z ~ .. Notary Public - California ~ l' I. San Mateo County - , '.' MyComm Expires Oct 15.2006 ......----~-.-.--.....................~--,...~ I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ~ \;-~~o('. 0 ~ Document Date: \ \ \ l.~\O~ Signer(s) Other Than Named Above: ~' M--\ V\ .~ \\\ C ~~ Number of Pages: I",.,: .. ~ i ~ , i Capacity(ies) Claimed by Signer Signer's Name: ~"'\ \A u Wc-'tf- \ o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conserval9t'\ '.. \ \ I )3'Other: ~,~ J::::::\P-- V\.'^-~ \Q Signer Is Representing: C \ \ ~ :-'}~ ~'?~ ~_ ~ ~ Top of thumb here - n~( 01999 National Nota'Y Assoclalion' 9350 De Solo Ave" P,O, Box 2402' Chatsworth, CA 91313'2402' www,nationalnola'Y,org Prod, No. 5907 Reorder. Call TolI'Free Hl()()'876-6827 . First American 'fitle Company 1 ' EscrowN(M-N c.!J 'CiA/lO'l t.-~h'-: RECORDING REQUESTED BY COMMUNITY DEVELOP,'NT DEPARTMENT CITY OF SOUTH SAN FRA CISCO 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA 94080 WHEN RECORDED MAIL TO: 2005-209638 03:22pm 11/30/05 AG Fee: NO FEE Count of pages 16 Recorded in Official Records County of San Mateo Warren Slocum Assessor-County Clerk-Recorder T11 'I r '1'1 I" r III' 'I . '1111 · * 2 0 0 5 0 2 096 3 ~ A R * ECONOMIC AND COMMUNITY DEVELOPMENT CITY OF SOUTH SAN FRANCISCO 400 GRAND A VENUE SOUTH SAN FRANCISCO, CA 94080 Documentary Transfer Tax $ EXEMPT County of San Mateo City of South San Francisco ~ (~ !~) Right of Way Agent RENT RESTRICTION AND RIGHT OF FIRST REFUSAL AGREEMENT FOR BELOW MARKET RATE PROPERTY This Rent Restriction and Right of First Refusal Agreement for Below Market Rate Property ("Agreement") is entered into as of this ~ day of )Jj)"'t.~b..c-r , 200~, by and between the CITY OF SOUTH SAN FRANCISCO ("CITY") and WILLOW GARDENS HOUSING ASSOCIATES LP, a California limited partnership ("Owner") RECITALS WHEREAS, Chapter 20.125 of the South San Francisco Municipal Code sets forth the requirements for Inclusionary Housing ("Inclusionary Housing Ordinance"); and WHEREAS, 111 Chestnut LLC is planning to construct houses on 011-312-090 APN (the "Project") and has submitted site development plans for said Project; and WHEREAS, the City acknowledge that 111 Chestnut LLC's obligation to set aside twenty percent (20%) of new housing as low- and moderate-income level housing has been satisfied by the Rent Restriction and Right of First Refusal Agreement at 383 Susie Way, and that the Project is no longer restricted by or subject to the terms of the Affordable Housing Agreement. Rent Restriction and Right of First Refusal Agreement Willow Gardens Housing Associates, LP 383 Susie Way WHEREAS, the City and Owner acknowledge that the property located at 383 Susie Way, South San Francisco, CA 94080 shall remain subject to the terms and obligations of the Rent Restriction and Right of First Refusal Agreement. WHEREAS, the intent of the CITY is to preserve the number and availability of affordable homes in the program for persons with low- or moderate-incomes for the longest feasible time; NOW THEREFORE, the CITY and the Owner agree as follows: AGREEMENT 1. The real property which is the subject of this Agreement is commonly known as 383 Susie Way, South San Francisco, CA 94080, more fully described in the legal description attached hereto and incorporated herein by reference as Exhibit "A." Said real property ("Premises") is hereby designated as a Below Market Rate Unit housing structure and shall be subject to the terms and conditions herein set forth. 2. This Agreement shall supersede any and all resale agreements and deed restrictions and other similar conditions and/or restrictions previously imposed on the Premises limiting occupancy of the Below Market Rate Units ("BMR Units") to low- and moderate income households, whether or not such previous agreements or restrictions were recorded. 3. Owner shall be obligated to provide two (2) Below Market Rate Units which shall be affordable to and only occupied by a household with an income of not more than fifty percent (50%) of the monthly unadjusted median income for a San Mateo County household in the San Francisco Primary Metropolitan Statistical Area, published annually by the Department of Housing and Urban Development (as adjusted annually, the "Base Median Income"). 4. The parties acknowledge and agree that the monthly rent payable by a tenant for a Below Market Rate Unit shall be determined in accordance with the annual income limits published by the Department of Housing and Urban Development at the time the Below Market Rate Units are ready for occupancy, shall not exceed thirty percent (30%) of the applicable tenant's monthly household income, and shall be adjusted annually pursuant to the annual percentage increase in median income for a San Mateo County household in the San Francisco Primary Metropolitan Statistical Area, published annually by the Department of Housing and Urban Development, or a maximum of five percent (5%), whichever is lower. The parties further acknowledge and agree that rent determined in accordance with the preceding sentence shall be deemed "affordable" in accordance with the Inclusionary Housing Ordinance and this Agreement and that such formula shall be the manner in which rent is calculated for the Below Market Rate Units Owner is obligated to provide in Section 3 above. Notwithstanding the foregoing, in accordance with Section 20.125.040 of the Inclusionary Housing Ordinance, no tenant of any Below Market Rate Unit shall be obligated to pay rent for such Below Market Rate Unit in an amount greater than ninety percent (90%) ofthe market rental rate for such unit. Rent Restriction and Right of First Refusal Agreement Willow Gardens Housing Associates, LP 383 Susie Way 2 5. Pursuant to the Inclusionary Housing Ordinance, the rental amounts for such Below Market Rate Units shall include a utility allowance as determined annually by the United States Department of Housing and Urban Development (the "Utility Allowance"). In the event that the Utility Allowance is no longer published, or has not been updated for a period of at least 18 months, the CITY may develop such other reasonable methods as it may choose to determine the utility allowance. The CITY acknowledges and agrees that Owner may reduce the rent amount payable by tenants of the Below Market Rate Units by the amount of such Utility Allowance and obligate tenants of the Below Market Rate Units to pay for utilities directly to the applicable utility providers. Except as otherwise set forth herein, Owner shall not be obligated to pay utilities for any of the Below Market Rate Units. 6. The Below Market Rate Units shall remain restricted and affordable to the income groups designated in Section 3 above for a period of fifty-five (55) years, which period commences on the date this Agreement is recorded. 7. The Below Market Rate Units shall meet minimum below market rate and habitability standards. Said standards shall be determined by the CITY and set forth in Exhibit .I;!, incorporated herein and attached hereto. In the event of a transfer of Owner's rights in the Below Market Rate Units and/or a transfer of Owner's rights and obligations under this Agreement, in either case, to a third party in accordance with Section 9, Section 10, Section 11 or Section 27 herein, such transferee shall be responsible for maintaining such below market rate and habitability standards and Owner shall be released from this responsibility. 8. Owner shall maintain the Below Market Rate Units in conformance with the terms and conditions set forth in Exhibit C attached hereto and incorporated herein by this reference. To the extent applicable, said conditions shall be reflected in all rental agreements for such Below Market Rate Units. In the event of a transfer of Owner's rights in the Below Market Rate Units and/or a transfer of Owner's rights and obligations under this Agreement, in either case, to a third party in accordance with Section 9, Section 10, Section 11 or Section 27 herein, such transferee shall be responsible for maintaining the Below Market Rate Units in conformance with Exhibit C and Owner shall be released from this responsibility 9. Right of First Refusal. Owner shall provide CITY (or its designee or assignee), a first right of refusal to purchase the Premises containing the Below Market Rate Units if it, or the individual units, are offered for sale at any point during the fifty-five (55) year affordability period. Except as provided herein, Owner hereby grants and gives the CITY of South San Francisco (or its designee or assignee) a right to purchase the Premises or individual units under conditions set forth below. 10. Below Market Rate Unit Resale Procedures. A. Notice of Offer to Sell. Whenever the Owner no longer desires to own the Premises, Owner shall notify CITY of their intent to offer the property for sale in accordance with the terms of this Agreement. Such notice shall be in writing, and may be personally delivered or sent by certified/return receipt, first class mail through the United States Postal Service, addressed to Economic, and Community Development, CITY of South San Francisco 400 Grand Avenue, South San Francisco, CA 94080. Owner's offer to sell may be withdrawn by Owner, Rent Restriction and Right of First Refusal Agreement Willow Gardens Housing Associates, LP 383 Susie Way 3 provided that notice of withdrawal has been received by CITY (or its designee or assignee), in writing, prior to acceptance by CITY (or its designee or assignee). Such notice from Owner to CITY shall contain the price under which the Owner desires to sell the Premises. B. Acceptance. CITY (or its designee or assignee) shall have thirty (30) days from the date of receipt of Owner's notice to exercise the right of first refusal to accept Owner's offer to sell the Premises. This acceptance shall be in writing and indicate whether the City is accepting the offer to sell at the requested price or whether the City is proposing a counteroffer in accordance with Section 14. The acceptance shall be personally delivered or sent by first class mail through the United States Postal Services and addressed to the owner of record at the official address of the owner of record. For purposes of fulfillment of the terms of this procedure, the notice of intent to sell the premises shall be deemed to be an offer to sell, and the exercise of the right to purchase by the CITY (or its designee or assignee) shall be deemed to be an acceptance of that offer. Subject to Section 14, acceptance by CITY (or its designee or assignee) shall constitute a legally binding contract for the transfer of title, and once accepted, the offer to sell may not be withdrawn without the express, written consent of the party who accepted the offer. C. Escrow. Within sixty (60) days of the date of acceptance subject to a mutually agreeable Purchase Price, as stipulated in Section 14, an escrow account shall be opened by the CITY (or its designee or assignee). CITY reserves the right, at any time during this process, to subsequently assign its right to purchase to its designee or assignee. Once opened, an escrow must be closed within thirty (30) days, unless both parties mutually agree, in writing, to an extension of time. In no case shall the time between receipt of an offer to sell and the date of close of escrow exceed ninety (90) days, unless both parties mutually agree, in writing, to extend that date, or if for any reason the time periods herein are tolled. In the event the CITY (or its designee or assignee) purchases the Premises or individual Below Market Rate Units pursuant to this section, the CITY (and its designee or assignee) shall release Owner from all obligations under this Agreement. Once escrow is opened, in the event the CITY (or its designee or assignee) fails to complete actions to close escrow (for the purchase of the Premises or individual Below Market Rate Units), through no fault of the Owner, the CITY shall release the Owner from the Right of First Refusal obligations under this Agreement 11. Transfer by Owner if Right of First Refusal is not exercised. In the event the CITY (or its designee or assignee) does not exercise its right of first refusal purchase option within thirty (30) days of the Owner's notice pursuant to Section 10, the Owner may offer the Premises for sale to any buyer. The proposed buyer must purchase the property subject to the Rent Restrictions and Right of First Refusal of this Agreement and will be required to execute, acknowledge and record a Rent Restriction and Right of First Refusal agreement under the terms of which the transferee shall assume the obligations and duties and agree to be bound by the Rent Restrictions of this Agreement. Rent Restriction and Right of First Refusal Agreement Willow Gardens Housing Associates, LP 383 Susie Way 4 12. Owner's Obligation to Cooperate. At all times, Owner shall make reasonable efforts to ensure that the Premises are clean and in good repair, and reasonably available to be shown to the CITY (or its designee or assignee) subject to rights of the tenants. Owner shall reasonably cooperate with the City of South San Francisco and the City's Redevelopment Agency and their respective officers, employees and representatives. Failure to comply with these conditions shall be deemed a material breach of Owner's obligations pursuant to the terms of this Agreement, and upon determination by the CITY that Owner has failed to comply with any of the above conditions, CITY shall notify Owner that the time periods stated herein shall be tolled, and the applicable time periods extended accordingly, until Owner has complied with all of the conditions of this Agreement. Acts by Owner which shall be deemed to be a breach of this obligation include, but are not limited to, failure to make the Premises available for showing to the CITY (or its designee or assignee) upon reasonable notice subject to the rights of tenants, willful or deliberate actions to dissuade prospective buyers from purchasing the Premises, failure or refusal to return telephone calls within a reasonable amount of time, and failure to complete forms, provide required reports, or perform other actions ordinarily required by a party to a real estate transaction in a timely manner. In addition to tolling the applicable time periods, the CITY may pursue any other remedies for breach based upon this section. 13. The Purchase Price shall be the price at which Owner offered to sell the property or the price as determined by Section 14. The Purchase Price shall be paid in cash or by a check issued by the City at the close of escrow or as may be otherwise provided by mutual agreement of CITY (or its designee or assignee) and Owner. 14. Negotiated Purchase Price. If the City does not accept Owner's offer to sell at the Owner's price, City shall have the option of submitting a counteroffer. Said counteroffer shall not in any way be deemed an acceptance of the Owner's price. The City's counteroffer may be based on the appraised fair market value, as established by an appraiser of City's choice("City Appraisal"). (i) At its option, CITY may accept Owner's offer to sell Premises as stipulated in Section 10(B), or CITY may negotiate a mutually agreeable purchase price for the Premises (the "Purchase Price.) with Owner. If an agreement cannot be reached between the City and the Owner as to the Purchase Price within ninety days (90 days) from and after City's acceptance as provided in Section 10, Owner may then offer the Premises (or individual Below Market Rate Units subject to Section 20) for sale to any buyer for a period of eight (8) months ("Option Period") (ii) During the Option Period, CITY shall waive, in writing, its Right of First Refusal if and only if a prospective buyer's offer to purchase the Premises exceeds the City Appraisal value by more than ten percent (10%). If a said sale to a prospective buyer is not consummated by placing earnest money into escrow during the Option Period, all parts of this Agreement shall remain in force and the City shall retain its Right of First Refusal. Rent Restriction and Right of First Refusal Agreement Willow Gardens Housing Associates, LP 383 Susie Way 5 (iii) The time period during which the CITY (or its designee or assignee) has the option to perform pursuant to this Agreement shall be tolled for the time the CITY and the Owner negotiate the Purchase Price, but said time period shall not exceed thirty (30) days unless both parties mutually agree, in writing, to extend the time period. 15. Wood Destroying Pests and Organisms. Owner shall bear the expense of providing a current written report of an inspection by a licensed Structural Pest Control Operator. All work recommended in said report to repair damage caused by infestation or infection of wood-destroying pests or organisms found and all work to correct conditions that caused such infestation or infection ("Pest Work") shall be done at the expense of the Owner. At close of escrow Owner shall monetarily credit CITY (or its designee or assignee) for any Pest Work Owner did not complete prior to the close of escrow. Any work to correct conditions usually deemed likely to lead to infestation or infection of wood-destroying pests or organisms, but where no evidence of infestation or infection is found with respect to such conditions, is not the responsibility of the Owner, and such work shall be done only if requested by the CITY (or its designee or assignee) and then at the expense of the CITY (or its designee or assignee). 16. Real Estate Transfer Disclosure Statement. Owner is obligated to provide the CITY with a full disclosure of the condition of the premise under Civil Code Section 1102, et seq. The CITY will provide the Owner with a Real Estate Transfer Disclosure form which shall be completed by the Owner and submitted to the CITY with the Owner's notice of intent to sell. 17. Deferred Maintenance. Deferred Maintenance ("Deficiencies") shall be determined in the following manner. Upon receipt of notice of Owner's intent to sell, CITY (or its designee or assignee) shall be entitled, upon reasonable notice, to inspect the Premises to determine whether any violations of applicable building, plumbing, electric, fire, or housing codes or any other provisions of Title 16 of the South San Francisco Municipal Code exist. CITY (or its designee or assignee) shall have a report (the "Deficiencies Report") prepared and shall deliver said report to Owner. 18. Property Deficiency. In the event Deficiencies are noted in the Deficiency Report, the CITY (or its designee or assignee) shall obtain cost estimates to cure the Deficiencies. The Owner shall cure the Deficiencies in a reasonable manner acceptable to CITY (or its designee or assignee) within sixty (60) days of receiving the Deficiency Report, but in no event later than close of escrow. Should Owner fail to cure such Deficiencies prior to the scheduled date of close of escrow, Owner shall monetarily credit CITY (or its designee or assignee) for any Deviancies repairs Owner did not completed prior to the close of escrow 19. Assignment of Right to Purchase. In no event shall CITY become in any way liable to Owner, nor become obligated in any manner, by reason ofthe assignment of its right to purchase, nor shall CITY be in any way obligated or liable to Owner for any failure of CITY's designee or assignee to consummate a purchase of the Premises or to comply with the terms of any purchase and sale agreement. Nothing in this Agreement shall be construed to obligate CITY to purchase any unit in the event that its designee or assignee fails to complete actions to close escrow. Rent Restriction and Right of First Refusal Agreement Willow Gardens Housing Associates, LP 383 Susie Way 6 20. If Owner or any subsequent purchaser as provided in this Section, sells any Below Market Rate Unit as an individual condominium, cooperative or tenancy in common unit before the fifty-five (55) year rental restriction period ends, the CITY shall record a resale restriction with a term of fifty-five (55) years from the date of recordation, against said Unites) upon the close of escrow for said Unites), so that said Unites) 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 ofthe Below Market Rate Units to a third party at one time solely for purposes of continued rental and management of the Below Market Rate Units, the requirement hereunder to record the 55-year resale restriction shall not apply 21. Any material amendments to this Agreement shall be processed in the same manner as an original application for approval pursuant to Section 20.125.150 of the South San Francisco Municipal Code and said amendments recorded. 22. Owner shall indemnify, defend with counsel selected by the CITY, and hold harmless the CITY and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance related to the implementation of this Agreement and/or the renting of the Below Market Rate Units, except to the extent such losses, liability, claims, suits, actions, damages, and/or causes of action are based on or arise out of challenges to the City's actions in adopting the Inclusionary Housing Ordinance. 23. The laws of the State of California shall govern this Agreement. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Mateo or in the United States District Court for the Northern District of California. 24. If a party to this Agreement brings any action, including an action for declaratory relief, to 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. 25. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 26. Any notice or demand shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Owner: Willow Gardens Housing Associates clo Mid-Peninsula Housing Coalition 658 Bair Island Road, Suite 300 Redwood City, California 94063 Attention: Fran Wagstaff Rent Restriction and Right of First Refusal Agreement Willow Gardens Housing Associates, LP 383 Susie Way 7 City: Community Development Department City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 27. Subject to the terms of this Agreement, Owner may at any time or from time to time transfer its 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 Owner. As a condition precedent to any such transfer, Owner shall require the transferee to acknowledge in writing that transferee has been informed, understands and agrees that the burdens and benefits under this Agreement relating to the Below Market Rate Units shall be binding upon and inure to the benefit of the transferee. Such written acknowledgement shall include a list of the outstanding obligations under this Agreement and identify the responsible party for completion of each such outstanding obligation. At least five (5) days prior to the date escrow closes on any such transfer, Owner shall notify the CITY in writing of the name and address of the transferee, provided that such notice obligation shall in no way be deemed to provide the CITY any consent or approval rights over the transfer and/or the transferee. Upon the completion of Owner's responsibilities pursuant to this section, Owner shall have no further obligations or benefits hereunder with respect to the Below Market Rate Units hereof which where due from Owner prior to the transfer date. Any transfer which does not comply with the notice requirements of this paragraph shall not release the Owner from its obligations to the CITY under this Agreement. The parties acknowledge and agree that the failure to maintain the Below Market Rate Units in conformance with the habitability standards set forth in Exhibit B attached hereto shall constitute a material breach of this Agreement and shall entitle the non-defaulting party to all remedies included herein. 28. The terms of this Agreement shall be interpreted in accordance with the provisions of Chapter 20.125 of the South San Francisco Municipal Code ("Chapter 20.125"). In the event of any conflict between the terms of this Agreement and the provisions of Chapter 20.125, the terms of this Agreement shall control. 29. Either party may, from time to time, deliver written notice to the other party requesting written certification that, to the knowledge of the certifying party (i) this Agreement is in full force and effect and constitutes a binding obligation of the parties; (ii) this Agreement has not been amended or modified either orally or in writing, or, if it has been amended or modified, specifying the nature ofthe amendments or modifications; and (iii) the requesting party is in compliance with this Agreement and the Rent Restrictions, or if not in compliance, describing therein the nature and monetary amount, if any, of the non-compliance. A party receiving a request hereunder shall execute and return the certificate within thirty (30) days after receipt thereof. The City Manager shall have the right to execute the certificates requested by Owner hereunder. The CITY acknowledges that a certificate hereunder may be relied upon by a transferee and/or mortgagee of Owner. Rent Restriction and Right of First Refusal Agreement Willow Gardens Housing Associates, LP 383 Susie Way 8 IN WITNESS THEREOF, the parties have executed this Agreement as of the date first written above. OWNER: Willow Gardens Housing Associates LP a California limited partnership By: Fran Wagstaff Assistant Secretary Rent Restriction and Right of First Refusal Agreement Willow Gardens Housing Associates, LP 383 Susie Way CITY: CITY OF SOUTH SAN FRANCISCO By:d4. c cC . agel City Manager 9 ... _.. . .....:::tL" .6 P-t:"' IN WITNESS THEREOF, the parties have executed this Agreement as of the date first written above. OWNER: CITY: CITY OF SOUTH SAN FRANCISCO Willow Gardens Housing Associates LP a California limited partnership /'------...., .. B/c':~ 1 k-If. Assistant Secretary By: Barry M. Nagel City Manager APPROVED AS TO FORM: Steven T. Mattas, City Attorney Rent Restriction and Right of First Refusal Agreement Willow Gardens Housing Associates, LP 383 Susie Way 9 . __ I ....IC\. /t_.....,.aJI-r-~ &1...0'- CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California County of ~ \--\o...-\.c..O }" On ~'1. '2.. 'Z-. ~ ~ before me, ~ L. *"'---..r t\...~ c:k"Z- Date Name and Title of Officer (e.g., "Jane Doe, Notary Pubtic~) personally appeared ~ ~ \-\. . ~c..AoO \ " Name(S~(s) ~personally known to me o proved to me on the basis of satisfactory evidence to be the person~) whose name~ is/.al'e' subscribed to the within instrument and acknowledged to me that he/sR6tti'ley-executed the same in his/tleffttteoir authorized capacity(iest, and that by his/hefItheif signaturefsTon the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument. BERTHA L. HERNANDEZ Commission # 1380028 z Notary Public - California ~ San Mateo County My Comm. Expires Oct 15. 2006 . ..................,.~""lIII!I"".......-........................... :~ If I! I! I~ I~ I~ I~ [~ I~ [~ I~ [~ .~ I~ I~ I~ ~ I ~ I' ~ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document H'e or Type of Docu\n"~ '4 "l>~" <. .1;.__ Document Date: \ \ L 1..-\(::) c;- ~ ~~~ S\,)s\-.: ~~, Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claime~~ Signer Signer's Name Mh: 0:x('1 'M. Pc.(f- \ o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or CORr\(.at,.or "-Z .~ ~ther: ~~~ CUM,..~ r-.. ~ ,. -t- ~ <r:t. ~ Signer Is Representing: L....:~~ '-' ..> :i IJ ~ ~ Top of thumb here I e 1999 National Notary As'iocialion . 9350 De Solo Ave., P.O. Box 2402. Chatsworth, CA 91313-2402. www.nationalnotary.org Prod. No. 5907 Reorder: Call TolI.Free 1'800'876'6827 I ~: ~J ~ ~j STATE OF CALIFORNIA } } ss. } COUNTY OF San Mateo On November 28, 2005, before me, Gwedette D. Gardali personally appeared Fran Wagstaff 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 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 J LiXJYI~-a;) ~) ,dc~ @_...GWEDETTED'GARDALI - . CommissIon # 1454150 ~ . M6 ':. Notary PUblic. California ~ ~ , San Mateo County - '. . My Comm. Expires Jan 1, 2008 ..-------...._---~._--_. This area for official notarial seal My Commission Expires: I ~ j - d 8 Notary Name: Notary Registration Number: Notary Phone: County of Principal Place of Business: EXHIBIT A Property Description Order Numoer: NCS-194107-SM Page Number: 7 EXHIBIT A LEGAL DESCRIPTION Real property in the City of South San Francisco, County of San Mateo, State of California, described as follows: LOT 8, BLOCK 2, AS DESIGNATED ON THE MAP ENTITLED, "WILLOW GARDENS SOUTH SAN FRANOSCO, SAN MATEO COUNTY, CALIFORNIA", FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA ON DECEMBER 29, 1964 IN BOOK 61 OF MAPS AT PAGES 24 AND 25. APN: 011-270-170-1 " EXHIBIT B Minimum Habitability Standards Below Market Rate Units shall meet minimum habitability standards. Owner and/or owner must ensure compliance with all state and local housing codes, licensing requirements and any other standards regarding the condition of a structure and the operation of the housing and/or services. Specifically, each project sponsor must adhere to proper standards regarding accessibility, sanitation, security, illumination, electricity, and fire safety. These standard include, but are not limited to: . Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and walls; . Functional plumbing facilities, including hot and cold running water, and efficient sewage disposal; . Gas facilities, heating resources and electrical system in good working order; . Lights and wiring that work and are safe. At least two functioning electrical outlets in every room, with at least one light in the bathroom; . Well-lighted common areas, such as stairs and hallways; . Buildings, grounds and fixtures that are clean, sanitary and free from debris, rodents and vermin; · Adequate and properly maintained trash receptacles; · Doors and windows in good repair. Functional outer doors and locks, including a deadbolt lock for the main entry door, and window locks; · Functional smoke detector-it'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 Owner and/or owner shall allow and make arrangements with tenants to permit the City, at its discretion, to inspect all units on a biannual basis to monitor compliance with the habitability standards. Rent Restriction and First Right of Refusal Agreement Willow Gardens Housing Associates, LP 383 Susie Way Exhibit B 'c EXHIBIT C The following conditions shall apply to the rental of all Below Market Rate Units and, to the extent applicable, the conditions shall be reflected in the rental agreements between the Owner and all Tenants of the Below Market Rate Units: 1. Tenants shall be annually certified as to income eligibility for the Below Market Rate Units and the annual certification shall be submitted to the office of Community Development. If Owner fails to perform an annual certification, City shall notify Owner in writing that Owner is in violation of the Rent Restriction Agreement and Owner shall be fined ONE THOUSAND DOLLARS ($1,000.00) for each Below Market Rate Unit whose Tenants were not subject to an annual certification. Upon receiving written notice, Owner shall have thirty (30) days from the date of notification to perform the certification. In the event Owner fails to perform the certification within the thirty (30) day period, City shall have the right to fine the Owner an additional ONE THOUSAND DOLLARS ($1,000.00) for each Below Market Rate Unit whose Tenants have not been subject to an annual certification. The City shall continue to have the right to fine Owner ONE THOUSAND DOLLARS ($1,000.00) for every thirty (30) day period that passes, from the date Owner receives notice, for each Below Market Rate Unit whose Tenants have not been subject to an annual certification. City shall have the right to take steps to assess these fines as a lien against the property where the Below Market Rate Units are located. Notwithstanding the foregoing, in the event any Tenant is not cooperating with Owner in preparing the annual certification, so long as Owner is using commercially reasonable efforts to obtain such annual certification, the fines set forth above shall not be assessed against Owner for the applicable Below Market Rate Unit. In addition, notwithstanding the foregoing, Owner shall not be obligated to provide an annual certification for any Tenant that Owner is in the process of evicting at the time such annual certifications are due to the City. 2. In the event, the Below Market Rate Units are purchased by Owner, the Owner shall not evict any Tenants occupying the Below Market Rate Units at the time of purchase. Tenants occupying the Below Market Rate Units at the time of purchase who do not qualify for lower-income or lower-to-moderate income housing shall not be required to vacate the 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 and/or reconstruction work on the Below Market Rate Units, Owner shall have the right to evict Tenants occupying the Below Market Rate Units at the time of purchase in order to do such work; provided that Tenants occupying the Below Market Rate Units at the time of purchase shall not be required to vacate any sooner than as required by applicable state law. Nothing, however, shall prevent the Owner from evicting said Tenants for cause such as, including but not limited to, conducting illegal activities on the property or failing to pay rent. 3. In the event Tenants occupying the Below Market Rate Units at the time of purchase are income eligible, but are paying rental amounts below the allowable below market rates established by Owner and approved by the City (the "Below Market Rates"), Owner shall be allowed to raise the rental amount for such Tenant no more than five percent (5%), or the Rent Restriction and First Right of Refusal Agreement Willow Gardens Housing Associates, LP 383 Susie Way Exhibit C 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 Owner shall be allowed to raise the rental amount, in subsequent rent increases, no more than five percent (5%), or the percentage rise in area median income, whichever is lower. 5. In the event any Tenants occupying the Below Market Rate Units at the time of purchase are income eligible, but are paying rental amounts above the allowable Below Market Rates, Owner shall immediately lower the rental amount for such Tenant to the maximum allowable rent level. In the event Owner receives rental payments in excess of the maximum allowable rent, Owner shall either reimburse the difference to the Tenant or offer Tenant the choice of applying it toward future rent payments. 6. In the event any income eligible Tenants are subsequently determined to be ineligible (or over income tenants), Owner shall be allowed to raise the rent amount for said ineligible Tenant to an amount equivalent to the market rental rate for said Tenant's unit. Owner shall not evict a formerly income eligible Tenant on the basis the Tenant has become income ineligible. Said Tenant shall be given one (1) year from the date of ineligibility to vacate the Unit. 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