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HomeMy WebLinkAboutReso 4170-1965RESOLUTION NO. 4170 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION GRANTING USE PERMIT RE- COMMENDED IN PLANNING COMMISSION RE- SOLUTION N0.1843 - WESTBOROUGH UNIT #5 BE IT RESOLVED by the City Council of the City of South San Francisco that: WHEREAS, the City Council has received the report and recommendations of the Planning Commission set forth in the Commission's Resolution No.1843, passed the 25th day of January, 1965, Findings of Fact, Summary of Hear- ings, Planning Officer's Report and various documents, ex- hibits and related papers, all of which came on for con- sideration by the Council at said Council's regular meet- ing on the 15th day of March , 1965, and, WHEREAS, the Council did consider same and made same part of the record in the mmtter and evaluated the pro- posed use and the effects thereof; NOW, THEREFORE, IT IS ORDERED as follows: 1. The Council does find upon the report and recom- mendations of the Planning Commission set forth in Reso- lution No.1843, passed the 25th day of January, 1965, Findings of Fact, Summary of Hearings, Planning Officer's report and the various documents, exhibits and related papers, all of which have been considered and made part of the record of the proceedings herein, that said use will not under the circumstances of the particular case be detrimental to the health, safety, peace, morals, com- fort and general welfare of persons residing or working in the neighborhood of such proposed use and will not be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 2. The Council does order that: a. A Use Permit issue to Jolly King Real Estate for a planned unit in an R-3 District, known as Westborough Unit #5, on the terms and conditions as recommended by the Planning Com- mission in said Co~mission's Resolution No.1843, passed the 25th day of January, 1965. b. These further conditions and qualific- ations are hereby designated by the Council: That the construction, installation and main- tenance of the common greens and landscaped areas, other easements, areas and facilities reserved for use and benefit of owners and residents of the unit or district, and the easements, areas and facil- ities located on building lots including those designated I.E.E. (Ingress and Egress Easements) and P.D.E. (Private Drainage Easements) shall be performed as set forth in Exhibit "A" to this Resolution, the title of which is substantially as hereinbefore set forth. I hereby certify that the foregoing resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regml~r meeting held on the 15th day of March , 1965, by the following vote: AYES, COUNCILMEN Patrick E. Ahern, Frank Bertucelli, Emilio NOES, " ABSENT, " Cortesi, Andrew Rocca, and Guido J. Rozzi. None · None. EXHIBIT "A" TO RESOLUTION NO. ~170 CONSTRUCTION, INSTALLATION AND MAINTENANCE OF COMMON GREENS AND LANDSCAPED AREAS, OTHER EASE- MENTS, AREAS AND FACILITIES RESERVED FOR USE AND BENEFIT OF OWNERS AND RESIDENTS OF THE UNIT OR DISTRICT, AND THE EASEMENTS, AREAS AND FACILITIES LOCATED ON BUILDING LOTS INCLUDING THOSE DESIG- NATED I.EoE. (INGRESS AND EGRESS EASEMENTS) AND P.D.E. (PRIVATE DRAINAGE EASEMENTS) Ao Construction and Installation Applicant-Developer shall construct and install the common green areas and landscaped areas including the facilities required there- for; and the other easements, areas and facilities reserved for use and benefit of owners and residents of the unit or district; and the easements, areas and facilities located on building lots includ- ing those designated I.E.E. (Ingress and Egress Easements) and P.D.E. (Private Drainage Easements) and shall make the necessary conveyances to the Homeowners Association and/or private property owners as shown on the approved landscape plan of the general development plano Applicant-Developer shall execute a contract secured by a performance bond in the principal sum of Dollars ($ ) to assure performance thereof. Modification The Planning Commission, on its own motion, request of the Plan- r~ing Officer or application of the Homeowners Association, may con- sider modification of the common greens and landscaped areas and facil- ities constructed therein, when such modification will, in the opinion cf the Planning Commission, serve the best interest on the planned u~nit or district and serve to better implement the purposes for which the planned unit or district was formed. The hearing shall be con- ducted in a manner provided for hearings for Use Permits. Maintenance 1 o Agreement Applicant-Developer shall maintain the common greens and land- scaped areas including the facilities constructed therein and the other areas, easements and facilities hereinbefore descgibed, until same are conveyed to Homeowners Association and/or priv{te parties. Applicant-Developer shall, upon completion and construction and in- stallation of the landscaped areas, etc., execute a conzract with a qualified landscape contractor for the maintenance of s~id areas for a period of five years, which contract shall provide theft the Home- owners Association may elect to continue~or discontinue the services of said landscape contractor by written notice given to said con- tractor ninety days prior to the date set for said term[nation° A copy of the contract with the landscape contractor shal[ be filed with the Planning Officer and City Clerk. Thereafter, i:he Homeowners Association shall file with the Planning Officer and th~ City Clerk a copy of any contract with the landscape contractor fo~: the main- tenance of common greens and landscape areas or in lieu thereof a schedule of work which is adequate to maintain the common greens and landscaped areas to the standards set forth on the approved landscape plan of the general development plano 2. Declarations of Covenants and Restrictions Applicant-Developer shall record Declarations of Covenants and Restrictions approved for said unit or district which obligates the Homeowners Association to maintain the common greens, landscaped areas, etc. to the standards set forth on the approved landscape plan of the general development plano 3° Inspection and Report The Planning Officer annually on or before the 15th day of ~anuary shall inspect the common greens-~-~]--i~ndscaped areas for the purpose of determining whether said areas are being maintained to the standards set forth on the approved l~ndscape plan of the general development plano The Planning Officer, on request of an owner, resident, Homeowners Association or mortagee shall inspect the con, on greens and landscaped areas to determine whe=her said areas are being maintained to the standards set forth on the ~pproved land- scape plan of~the general development plan. The Planning Officer, upon completing the inspection, shall file a report with the Planning Com- mission, and the Planning Commission, upon considering said report, shall make a determination as to whether remedial work is required; and if none is required, make such an order filing a co~y thereof with the Planning Officer and City Clerk; but if remedial work should be required, then said Commission shall set a hearing for '~he determination of the amount of the remedial work required and the cos~: thereof, giv- ing notice of said hearing to the Homeowners Associatio~ and the own- ers in said unit or district. The notice shall inform ~:he Homeowners Association and owners in said unit or district that th<~ common greens and landscaped areas are deficient or are being maintains]ed in a manner not consistent with the approved landscape pland of the general de- velopment plan, specifying wherein said common green ar,~as are deficient or do not so comply, and said notice shall further require that the Homeowners Association and the owners in said unit or district per- form the remedial work or file a schedule of work which will remedy the deficiency within thirty days after receipt of said notice Should the Homeowners Association and/or the owners in said unit or district fail to perform the remedial work or file such a schedui!.e, then the Planning Commission may, after closing the hearing, order the remedial work done and assess the cost thereof against the Homeo~mers Asso- ciation and/or the individual owners of property in said unit or district, collecting the said sum by way of an action in the court with jurisdiction thereof or filing said charge as a lien against the properties of the respective owners in said unit or dis~:rict. Do Revision of Terms of the Use Permit The Planning Commission, on its own motion, request of the Plan- ning Officer, and request of the Homeowners Association, may consider a revision of the terms of this Use Permit, effecting such revision by a hearing procedure similar to the manner in which the Use Permit ~was originally granted. E. Modification of Maintenance Methods The terms of this Use Permit may be modified to take advantage of any new or more appropriate method for maintaining the common greens and landscaped areas which provides for a more efficient and expeditious method of collecting the pro-rata assessment from the property owners within said unit or district.