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HomeMy WebLinkAboutReso 4788-1968RESOLUTION NO. 4788 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE GRANT OF USE PERMIT (UP-62) FOR CLUB VIEW APARTMENTS, DESIGNATING OTHER OR ADDITIONAL QUALIFICATIONS AND CONDITIONS AND REQUIRING REASONABLE GUARANTEES THEREFOR. WHEREAS, the Planning Commission of the City of South San Francisco did on December 11, 1967, after a public hearing duly noticed, grant Use Permit 62, which permit was ordered to stand appealed by the City Council of the City of South San Francisco on December 18, 1967, Pursuant to which order a public hearing was set and duly noticed for January 15, 1968, and, WHEREAS, the City Council did conduct said public hearing on January 15, 1968, and did receive and consider the Use Permit 62 together with the application plans and related documents together with the Planning Commission's order granting said use permit. NOW, THEREFORE, IT IS ORDERED AS FOLLOWS: 1. Findings: The Council does find that the proposed use will not under the circumstances of the particular case be detrimental to the health, safety, peace, morals, comfort 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 and to the general welfare of the City. 2. Approval of Grant of Use Permit: The Council does hereby approve the grant of the use permit as contained in the Planning Commission's use permit order made December 11, 1967, and on the terms and conditions set forth in said order, which order is incorporated herein and made a part hereof by this reference, together with all of the attendant documents and conditions and with the other or additional qualifications and conditions hereinafter set forth· 3. Other or Additional Qualifications and Conditions-- Landscaped, Open and Common Green Areas: a. Construction and Installation: Applicant-Developer shall construct and install the landscaped, open and common green areas, including the facilities required therefor; and the other easements, areas and facilities reserved for general use and benefit of the residents of the unit or district. Applicant-Developer shall complete said construction and installations before final inspection and issuance of certificate of occupancy by the Building Inspector or secure the performance thereof by a corporate surety bond in the principal sum of Forty Thousand and No Cents Dollars ($ 4o,o_oo.oo ). b. Modification: The Planning Commission, on its own motion or request of the City Planner or application of owners, may consider modification of the landscaped, open and common green areas, including the facilities required therefor, when such modi- fication will, in the opinion of the Planning Commission, serve the best interest of the planned unit or district and serve to better implement the purposes for which the planned unit or district was formed. The hearing shall be conducted in the manner provided for hearings for use permits. c. Maintenance: 1. Ma~-~intenance in Accordance with Approved Landscape Plans: Applicant-Developer shall maintain the landscaped, open and common green areas, including the facilities required therefor, and the other easements, areas and facilities reserved for general use and benefit of the residents of the unit or district, in accordance with the approved landscape plans and development plans. 2. Inspection and Report: The City Planner annually on or before the 10th day of January shall inspect or cause to be inspected the landscaped, open and common green areas and the facili- ties required therefor and the other easements, areas and facilities reserved for general use and benefit of the residents of the unit or district, for the purpose of determining whether said areas are being maintained to the standards set forth in the approved landscape plan and the approved development plan. The City Planner, on request of a resident, owner or mortgagee, shall inspect said areas or cause such inspection to be made to determine whether said areas are being malntained to the standards set forth in the approved landscape plan or development plan. The City Planner, upon completion of the inspection, shall file a report with the Planning Commission and the Planning Commission, upon consider- ing said report, shall make a determination as to whether remedial work is required; and should none be required, make such an order filing a copy thereof with the City Planner and City Clerk; but if remedial work should be required, then said Commission shall set a hearing for the determination of the nature and amount of said remedial work required and the cost thereof, giving notice of said hearing to the owners of properties in said unit or district. The notice shall inform the owners of properties in said unit oz district that the landscaped, open and common green areas, and the facil- ities required therefor, and the other easements, areas and facilities reserved for general use and benefit of the residents of the unit or district, are deficient me or are being maintained in a manner not consistent with the approved landscape plans or development plans, specifying wherein said areas are deficient or do not so comply, and said notice shall further require that the owners of properties in said unit or district per- form the remedial work or file a schedule for said work which will remedy the deficiencies within thirty days after receipt of said notice. Should the owners of properties in said unit or district fail to perform the remedial work or file such a schedule within said time, then the Planning Commission may, after closing the hearing, order the remedial work done and assess the cost thereof against the owners of the 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 owners in said unit or district, in accordance with the procedure set forth in this Resolution or amendments thereto. d. Revision of Terms of the Use Permit: The Planning Commission, on its own motion or request of the City Planner or application of owners, mmy consider a revision of the terms of this use permit, effecting such revision by the hearing procedure set forth for use permits in the Zoning Ordinance of the City of South San Francisco. e. Modification of Maintenance Methods: The terms of this use permit may be modified to provide for the use of other appropriate methods for maintaining the landscaped, open and common green areas, including the facilities required therefor, effecting such modification by a hearing procedure as set forth for use permits in the Zoning Ordinance of the City of South San Francisco. ® f. Endorsement of Approved Plan and Filing for Record; Endorsement of Modifications and Filing for Record: The City Planner shall endorse the approved landscape plan and development plan and file or cause to be filed a copy thereof with the office of the City Clerk, Land- scape Specialist and City Planner. ~hou~d t~e plan or p£ans be modified as hereinbefore provided, then the Czty M£anner shall endorse a copy of the approved plan and file a copy thereof with nhe City Clerk, Landscape Specialist and o~ice of the City ~lanner. Other or Additional Qualifications and Conditions--Construction and Instaliatlon of 12x6 Box Culvert (Twelve Mzle Creek): a. Applicant-Developer shall dedicate or cause, to be dedicated an easement for a storm drain structure along the present alignment of Twelve Mile Creek or alternate alignment should same be determined to be more feasible by the Director of Public Works. Applicant-Developer shall submit or cause to be submitted plans and specifications for a 12x6 reinforced concrete box culvert to transport storm waters from the West Orange Avenue box culvert junction to the E1 Camino Real box culvert junction and construct and install or cause to be constructed and installed said box culvert on or before August 1, 1968 · Applicant-Developer may satisfy the aforegoing condition by submitting said plans and specifications and constructing and installing said facility prior to the issuance of a certificate of occupancy by the Building Department or participating in an assessment district for the purpose of constructing and installing said facility provided said assessment district is formed prior to the issuance of a certificate of occupancy by the Building Department, or the execution of an agreement providing for the contribution by Applicant-Developer of its share of the estimated cost of the construction and installation of said facility together with a corporate surety bond in the principal sum of said determined amount, providing said undertaking and corporate surety bond are filed prior to the issuance of a certificate of occupancy by the Building Inspector. 5. Other or Additional Qualifications and Conditions-- Off-street ParkinR Reserve: Applicant-Developer shall establish and maintain on the surface of the easement over the drainage facility described in Paragraph 4 above an off-street parking reserve so that adequate parking spaces may be available if the permit to use the San Francisco Water easement is revoked or otherwise qualified and also to provide additional off-street parking area should the landscape plans be modified in such a manner as to delete parking space on said water line easement or other areas of the planned unit. The Planning Commission, on its own motion or request of the City Planner or application of the owners, may consider a revision of this qualification and condition, effecting such revision by the hearing procedure set forth for use permits in the Zoning Ordinance of the City of South San Francisco. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the l§th day of by the following vote: AYES, COUNCILMEN regular January , 19 68, Patrick £. Ahern, Frank J. Bertucelli, ~-milio Cortesi and Andrew Rocca NOES, " None ABSENT, " No~e ABSTAINING," Guido J. Rozzi ATTEST~i ~' ~_ ~~-.-~ City Clerk~ 11 , IlL ®