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HomeMy WebLinkAboutReso 90-2019 (19-480)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Resolution: RES 90-2019 File Number: 19-480 Enactment Number: RES 90-2019 RESOLUTION MAKING FINDINGS AND APPROVING THE CONSTRUCTION OF EIGHT CONDOMINIUM UNITS LOCATED AT 645 BADEN AVENUE, INCLUDING DESIGN REVIEW, SUBDIVISION MAP, AND MINOR USE PERMIT, AND DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA. WHEREAS, Gabe Gonzales, Pradeep Gandhi, and Hayes Shair ("Applicants") have proposed to construct eight condominium units accommodated by two three-story buildings for a total floor area of 12,836 square feet on a 10,500 square foot parcel (645 Baden Avenue) (collectively referred to as "Project); and, WHEREAS, the proposed Project (P18-0034) is located within the Downtown Residential Medium (DRM) Zoning District; and, WHEREAS, Applicants seek approval of Design Review (DRI 8-0017), a Subdivision Map (SAI8-0003) and a Minor Use Permit (MUP18-0009) for the Project; and, WHEREAS, the project is categorically exempt under the provisions of the California Environmental Quality Act (CEQA), Class 32, Section 15332 In -Fill Development Project; and, WHEREAS, on May 16, 2019 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the proposed entitlements, take public testimony, and make a recommendation to the City Council on the Project; and, WHEREAS, on July 10, 2019 the City Council for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the proposed entitlements, take public testimony, and take action on the Project, and, NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before it, which includes without limitation, the South San Francisco Municipal Code; the Project application; the Project Plans, as prepared by Envisuality Group, Inc, date-stamped received October 25, 2018; all reports, minutes and public testimony submitted as part of the Planning Commission's duly noticed May 16, 2019 meeting; all site plans and all reports, minutes and public testimony submitted as part of the City Council's duly noticed July 10, 2019 meeting; and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2), the City Council of the City of South San Francisco hereby finds as follows: SECTION 1 FINDINGS City of South San Francisco Page 1 File Number. 19-480 General Findings Enactment Number. RES 90-2019 The foregoing recitals are true and correct and made a part of this Resolution. The Exhibits attached to this Resolution, including the Conditions of Approval (Exhibit A), Plan Set (Exhibit B), Project Description (Exhibit C), Affordable Housing Proposal (Exhibit D), Vesting Tentative Map (Exhibit E), Covenant, Conditions and Restrictions (Exhibit F), Traffic Analysis (Exhibit G), and Historic Review (Exhibit H) are each incorporated by reference and made a part of this Resolution, as if set forth fully herein. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of the Planning Manager, Sailesh Mehra. Design Review The Project is consistent with Title 20 of the South San Francisco Municipal Code because the project is a multiunit residential project within a downtown residential zoning district. The Project is consistent with the General Plan because the proposed project provides for downtown residential units as intended under the Downtown Medium Density Residential land use designation. The Project is consistent with the applicable design guidelines adopted by the City Council. The Project is consistent with the Minor Use Permit as stated in the findings below. The Project is consistent with the applicable design review criteria in South San Francisco Municipal Code Section 20.480.006 ("Design Review Criteria") because the project has been evaluated by the Design Review Board on June 19, 2018 and August 21, 2018, and found to be consistent with each of the eight design review criteria included in the "Design Review Criteria" section of the Ordinance. Use Permit The project is located within the Downtown Residential Medium (DRM) Zoning District. The fences associated with the development of a project would be permitted in DRM Zoning District. The proposed fence is consistent with the General Plan in that the project site is Downtown Medium Density Residential, which allows for downtown residential development and the fence contributes to the formation of an open space area serving the residential units. The proposed fence will not be adverse to the public health, safety or general welfare of the community, or detrimental to surrounding properties or improvements. The fence is provides a safe barrier between elevation changes surrounding the open space area. 4. The project complies with design and development standards applicable to the Zoning District and use. The fence is compatible with the design of building and integrated into the design of the open space. City of South San Francisco Page 2 File Number. 19-480 Enactment Number. RES 90-2019 The design, location, size, and operating characteristics of the proposal would be compatible with the existing and reasonably foreseeable future land uses in the vicinity because the fence is integrated into the design of the open space area that serves the residential use and applies materials that are compatible with those used by the building. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints because the fence would create negligible impacts. The proposal does not propose increased density or FAR pursuant to the provisions of Section 20.280.004(A), therefore no findings need to be made regarding increased density or FAR. Condominium and Subdivision The project follows and shall complete all subdivision requirements and procedures for condominium development in compliance with Title 19 Subdivisions. SECTION 2 DETERMINATION NOW, THEREFORE, BE IT FURTHER RESOLVED that subject to the Conditions of Approval, attached as Exhibit A to this resolution, the City Council of the City of South San Francisco hereby makes the findings contained in this Resolution, and recommends approval of the Project Plans (attached as Exhibit B), the Design Review, the Subdivision Map (attached as Exhibit E), and the Minor Use Permit. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. At a meeting of the City Council on 7/10/2019, a motion was made by Richard Garbarino, seconded by Buenaflor Nicolas, that this Resolution be approved. The motion passed. Yes: 5 Mayor Matsumoto, Vice Mayor Garbarino, Councilmember Addiego, Councilmember Nagales, and Councilmember Nicolas Attest by L4W lew', osa Govea Acosta City of South San Francisco Page 3 DRAFT FINDINGS OF APPROVAL P18-0034: DR18-0017, SA18-0003, MUP18-0009 645 BADEN AVENUE (As recommended by City Staff on July 10, 2019) As required by Design Review and Use Permit Procedures (SSFMC Chapters 20.480, 20.490), and Condominium and Subdivision Procedures (SSFMC Title 19), the following findings are made in support of Design Review, a Subdivision Map and a Minor Use Permit to construct eight townhome units at 645 Baden Avenue in the Downtown Residential Medium (DRM) Zoning District, in accordance with SSFMC Chapters 19.36, 19.40, 20.480 and 20.490, based on public testimony and materials submitted to the South San Francisco City Council which include, but are not limited to: Application materials prepared by applicant, date submitted October 5, 2018, October 16, 2018, November 8, 2018, and November 26, 2018; project plans prepared by Envisuality Group Inc, date-stamped received October 25, 2018; vesting tentative map, date submitted April 5, 2019; Planning Commission staff report dated May 16, 2019; the Planning Commission meeting of May 16, 2019; City Council staff report dated July 10, 2019; and the City Council meeting of July 10, 2019. 1.Design Review A.The Project is consistent with Title 20 of the South San Francisco Municipal Code because the project is a multiunit residential project within a downtown residential zoning district; B.The Project is consistent with the General Plan because the proposed project provides for downtown residential units as intended under the Downtown Medium Density Residential land use designation; C.The Project is consistent with the applicable design guidelines adopted by the City Council; D.The Project is consistent with the Minor Use Permit as stated in the findings below; and E.The Project is consistent with the applicable design review criteria in South San Francisco Municipal Code Section 20.480.006 (“Design Review Criteria”) because the project has been evaluated by the Design Review Board on June 19, 2018 and August 21, 2018 and found to be consistent with each of the eight design review criteria included in the “Design Review Criteria” section of the Ordinance. 2. Use Permit A.The project is located within the Downtown Residential Medium (DRM) Zoning District. The fences associated with the development of a project would be permitted in DRM Zoning District; B.The proposed fence is consistent with the General Plan in that the project site is Downtown Medium Density Residential, which allows for downtown residential development and the fence contributes to the formation of an open space area serving the residential units; C.The proposed fence will not be adverse to the public health, safety or general welfare of the community, or detrimental to surrounding properties or improvements. The fence is provides a safe barrier between elevation changes surrounding the open space area; D.The project complies with design and development standards applicable to the Zoning District and use. The fence is compatible with the design of building and integrated into the design of the open space; EXHIBIT A Findings of Approval Page 2 of 2 E. The design, location, size, and operating characteristics of the proposal would be compatible with the existing and reasonably foreseeable future land uses in the vicinity because the fence is integrated into the design of the open space area that serves the residential use and applies materials that are compatible with those used by the building; F. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints because the fence would create negligible impacts; G. In accordance with the California Environmental Quality Act, staff has determined that the proposed project is Categorically Exempt pursuant to the provisions of Section 15332 – Class 32: In-Fill Development Project in that the fence is part of a project consistent with the general plan and zoning code and that the site is a developed property within an urban environment; and H. The proposal does not propose increased density or FAR pursuant to the provisions of Section 20.280.004(A), therefore no findings need to be made regarding increased density or FAR. 3. Condominium and Subdivision A. The project follows and shall complete all subdivision requirements and procedures for condominium development in compliance with Title 19 Subdivisions. DRAFT CONDITIONS OF APPROVAL P18-0034: DR18-0017, SA18-0003 MUP18-0009 645 BADEN AVENUE (As recommended by City Staff on July 10, 2019) A) Planning Division requirements shall be as follows: 1. The applicant shall comply with the City's Standard Conditions of Approval for Commercial, Industrial and Multi-Family Residential Projects and with all the requirements of all affected City Divisions and Departments as contained in the attached conditions, except as otherwise amended by the following conditions of approval. 2. The project shall be constructed and operated substantially as indicated on the plan set prepared by Envisuality Group, Inc, date stamped received October 25, 2018, and approved by the City Council in association with P18-0034: DR18-0017, SA18-0003, MUP18-0009, as amended by the conditions of approval. The final plans shall be subject to the review and approval of the City’s Chief Planner. 3. The construction drawings shall comply with the City Council approved plans, as amended by the conditions of approval, including the plans prepared by Envisuality Group, Inc, date stamped received October 25, 2018. 4. Any modification to the approved plans shall be subject to SSFMC Section 20.450.012 (“Modification”), whereby the Chief Planner may approve minor changes. All exterior design modifications, including any and all utilities, shall be presented to the Chief Planner for a determination. 5. The project shall be subject to development impact fees. For reference, the development fees from November 2018 are provided below. The rates and fees will be finalized at Building Permit submittal:  Parks and Recreation = $21,358 per unit x 8 units = $170,864  Childcare = $1,851 per unit x 8 units = $14,808  Bicycle and Pedestrian = $170 per unit x 8 units = $1,360  Public Safety = $563 per unit x 8 units = $4,504  School fee = assessed by SSFUSD, proof of payment shall be provided to the City  Engineering fee = as applicable, see the City of South San Francisco Engineering Division 6. The Applicants are responsible for providing site signage during construction, containing contact information for questions regarding the construction. 7. A minimum of two long-term bicycle parking spaces shall be provided in compliance with the standards and requirements under Section 20.330.008 Bicycle Parking. 8. The fencing around the open space areas shall be modified through the removal of some horizontal wood slats to increase transparency that would improve visibility between the driveway and the Conditions of Approval Page 2 of 8 public right-of-way. Proposed alternatives in fencing design modification may be provided to the Chief Planner for consideration. 9. Vegetation shall have a low height and/or greater transparency at maturity to improve visibility near the driveway connections to public right-of-ways. 10. Fences along the side property line that are within 15 feet of the front and rear property lines shall be kept at a height no greater than three feet. 11. Where any elements of potential archaeological significance are discovered on the site, any work shall be put on hold and a study shall be conducted to determine archaeological significance and the course of action needed light in of the presence of these element. Work shall not continue until the City has provided authorization to proceed. 12. The Applicant shall continue the process of preparing a final map and associated documentation and obtaining final approvals for creating condominium units, pursuant to the requirements and procedures under Title 19 Subdivisions. 13. The Applicant shall complete an Affordable Housing Agreement for two affordable units at the project site, pursuant to the requirements under Chapter 20.380 Inclusionary Housing Regulations. The Applicant shall address requirements for Density Bonus Housing Agreements as provided in Chapter 20.390 Bonus Residential Density. 14. As part of the Encroachment Permit application, the applicant shall submit a deposit of $3,000.00 (small to medium projects) to $5,000.00 (for large projects) in order for City staff and/or the City's Construction Coordination consultant to charge their time in coordinating construction activities related to the project with the City, General Contractor and other affected parties that will need constant communication. If this deposit is depleted, and the project is not complete, the applicant shall replenish the deposit with the same amount as the initial deposit. Once the project has received a Certificate of Occupancy, the City shall reimburse the applicant with the remainder of the deposit. Contact: Justin Shiu, Planning Division, at (650) 877-8535 B) Fire Department requirements shall be as follows: 1. Install fire sprinkler system per NFPA 13R/SSFFD requirements under separate fire plan check and permit for overhead and underground for each building. 2. Fire sprinkler system shall be central station monitored per California Fire Code section 903.4.1 3. Fire alarm plans shall be provided per NFPA 72 and the City of South San Francisco Municipal Code. Conditions of Approval Page 3 of 8 4. All buildings shall provide premise identification in accordance with SSF Municipal Code section 15.24.100. 5. Provide Knox key box for buildings with access keys to electrical/mechanical rooms, elevators, and others to be determined. 6. This new residential construction will be assessed an adopted Public Safety Impact Fee. The amounts for low density are $385.50 per unit for the Police Department and $899.50 per unit for the Fire Department. 7. Project must meet all applicable Local (SSF Municipal Code, Chapter 15.24 Fire Code), State and Federal Codes Contact: Craig Lustenberger, Fire Department, at (650) 829-6645 C) Engineering Division requirements shall be as follows: The conditions for approval are general conditions that apply to your proposed project and are based on the 7 page set of plans dated 5/13/2018, for above permit number. Any and all improvements stated below are at no cost to the City. All applicable City of South San Francisco engineering permits, including associated fees and deposits, are to be paid by the Applicant. Standard Conditions For standard development conditions, go to: http://www.ssf.net/home/showdocument?id=2362 Special Conditions Below are the special conditions that may apply to the subject permit, which may overlap with any standard development conditions – these conditions are subject to change. General 1. The Owner shall coordinate with the Public Works department to ensure any proposed repair to the sewer lateral, sidewalks, curb and/or gutter will be satisfactory to the City and shall obtain an encroachment permit for any work in the public right of way and shall be responsible for all applicable fees and deposits. All work related to these requirements shall be accomplished at the Owner’s expense. Plan Submittal 2. Developer shall submit detailed plans printed to PDF and combined into a single electronic file, with each being stamped and digitally signed by a Professional Engineer registered in the State of California, along with three printed copies. Incorporated within the construction plans shall be applicable franchise utility installation plans, stamped and signed and prepared by the proper authority. Plans shall include the following sheets; Cover, Separate Note Sheet, Existing Conditions, Demolition Plan, Grading Plan, Horizontal Plan, Utility Plan(s), Details, Erosion Control Plan, and Landscape Plans, (landscape plans are for reference only and shall not be reviewed during this submittal). Utility plan shall clearly identify all Conditions of Approval Page 4 of 8 existing and proposed utilities and shall identify and describe how abandoned utilities are to be removed. 3. The Developer shall submit a grading plan that clearly states the amount of cut and fill required to grade the project. Grading plan shall clearly indicate existing and proposed elevations of all catch basins in the vicinity of the proposed project and all existing and proposed easements. 4. The developer shall provide all existing and proposed elevations of the connection between Baden Ave and 2nd Lane and the proposed driveways. These elevations include the pavement connection point, the proposed driveway centerline, top of curb, and bottom of curb. 5. The building permit application plans shall conform to the standards of the Engineering Division’s “Building Permit Typical Plan Check Submittals” requirements, copies of which are available from the Engineering Division. Required items on the site plan include: A complete topographic survey of the site including existing contours of the property (extending 15” into adjacent property and the adjacent roads and lanes); show new contours and proposed elevations on the proposed site plan; size, material, class, slope and invert of all drain pipes, top of curb. 6. All improvements shall be designed by a registered civil engineer and approved by the Engineering Division. 7. At the time of Building Permit application, the Developer shall provide the stormwater/hydrology/ hydraulic/C3 and C6 Development Review Checklist. A deposit of $5,000 shall be provided for technical review and submitted at the same time. 8. The Developer shall submit a copy of their General Construction Activity Storm Water Permit Notice of Intent and Storm Water Pollution Prevention Plan (SWPPP), where required by State or Federal regulations, to the Engineering Division for our information. These documents shall be submitted prior to receiving a grading or building permit for the subject project. 9. The Developer shall submit Traffic and Pedestrian Control Plans for any proposed work in Baden Ave, and 2nd Lane, and/or any area of work that will obstruct the existing pedestrian walkways. 10. The Engineering Division reserves the right to include additional conditions during review of the building permit application. Permits 11. The grading plan shall clearly state the estimated amount of cut and fill. If excavation and grading work involves movement of more than 50 cubic yards of soil, a grading permit is required. Owner is responsible for all associated fees and deposits. The Grading Permit Application, Checklist and Requirements may be found on the City website at http://www.ssf.net/departments/public- works/engineering-division. 12. A Hauling Permit shall be required for excavations and off-haul or on-haul, per Engineering requirements; should hauling of earth occurs prior to grading. Otherwise, hauling conditions would Conditions of Approval Page 5 of 8 be included with the grading permit. Hauling Permit may be found on the City website at: http://www.ssf.net/departments/public-works/engineering-division. 13. The Developer shall obtain a Demolition Permit to demolish the existing buildings. The demolition permit shall be obtained from the Building Division and the Developer shall pay all fees and deposits for the permit. The developer shall provide letters from all public utilities stating all said utilities have been properly disconnected from the existing buildings. 14. An Encroachment Permit is required for any work to be done within the public right-of-way. The Developer shall pay all permit and inspection fees, as well as any deposits and/or bonds required to obtain said permits. Right-of-Way 15. Existing driveway approaches or portions of approaches, not used for this development shall be removed and replaced with new curb, gutter and sidewalk. Where new work is required, monolithic curbs, gutter, wheel chair ramps, commercial driveway approaches and 4’ wide (minimum) sidewalks are to be constructed to current City standards and to the satisfaction of the City Engineer. 16. The Developer shall provide an engineer’s estimate for all work performed with in the public right- of-way. Sanitary Sewer 17. The on-site sanitary sewer system shall be designed and installed in accordance with the Uniform Plumbing Code, as amended and adopted by the City, and in accordance with the requirements of the South San Francisco Building Division. Utilities 18. The Developer shall coordinate with the California Water Service for all water-related issues. All water mains and services shall be installed to the standards of the California Water Service. Contact: Matthew Ruble, Engineering Division, at (650) 829-6652 D) Police Department requirements shall be as follows: All construction must conform to South San Francisco Municipal Code Chapter 15.48.050 Minimum security standards for multiple-family dwellings, (Ord. 1477 § 1A, 2013; Ord. 1166 § 1, 1995) 15.48.085 Additional Security Measures May Be Required Per South San Francisco Municipal Code 15.48.085 -Additional Security Measures, the following conditions will also be required: 1. All interior common and service areas, such as the garage, bicycle storage area, fire escapes, etc, shall be illuminated at all times with a white light source that is controlled by a tamperproof switch or a switch located in an inaccessible location to passers-by. Conditions of Approval Page 6 of 8 2. Any exterior bicycle racks installed shall be of an inverted “U” design, or other design that allows two different locking points on each bicycle. 3. The mature height of all shrubbery shall be no higher than two feet, if so, it shall be maintained at a maximum height of two feet, and tree canopies shall be no lower than six feet above grade. The Police Department reserves the right to review and comment upon the submission of revised and updated plans. Contact: Michael Rudis, Police Department, at (650) 877-8927 E) Water Quality Control Plant requirements shall be as follows: The following items must be included in the plans or are requirements of the Water Quality Control Stormwater and/or Pretreatment programs and must be completed prior to the issuance of a building permit: 1. Storm drains must be protected during construction. Discharge of any demolition/construction debris or water to the storm drain system is prohibited. 2. Do not use gravel bags for erosion control in the street or drive aisles. Drains in street must have inlet and throat protection of a material that is not susceptible to breakage from vehicular traffic. 3. Roof leaders/gutters must NOT be plumbed directly to storm drains; they shall discharge to landscaping first. 4. If fire sprinklers are added/modified, fire sprinkler test drainage must be plumbed to sanitary sewer and clearly shown on plans. 5. Trash enclosure shall be covered, contained and the floor shall slope to a central drain that is connected to the sanitary sewer. 6. Install a condensate drain line connected to the sanitary sewer for rooftop equipment and clearly show on plans. 7. Submit total number and types of residential units (ex. Studio/1BD, 2BD, 3BD) on plans. Applicant will be required to pay a sewer capacity fee (connection fee) at a later time based on anticipated flow, BOD and TSS calculations. 8. Site may be subject to C.3 requirements of the Municipal Regional Stormwater Permit (if so, the following items will apply). The referenced attached forms in the following items may be obtained from the Planning Division contact or Water Quality Control contact; Conditions of Approval Page 7 of 8 9. Sign and have engineer wet stamp forms for Low Impact Development. 10. Completed attached forms for Low Impact Development. Forms must be on 8.5in X 11in paper and signed and wet stamped by a professional engineer. Calculations must be submitted with this package. Use attached forms for completing documents, as old forms are no longer sufficient A completed copy must also be emailed to andrew.wemmer@ssf.net 11. Complete attached Operation and Maintenance (O&M) agreements. Use attached forms for completing documents, as old forms are no longer sufficient A finished copy must also be emailed to andrew.wemmer@ssf.net Do not sign agreement, as the city will need to review prior to signature, prepare packet and submit with an address to send for signature. 12. Submit flow calculations and related math for LID. 13. The onsite catch basins are to be stenciled with the approved San Mateo Countywide Stormwater Logo (No Dumping! Flows to Bay). 14. Landscaping shall meet the following conditions related to reduction of pesticide use on the project site: a. Where feasible, landscaping shall be designed and operated to treat stormwater runoff by incorporating elements that collect, detain, and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolonged exposure to water shall be specified. b. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment. c. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent practicable. d. Proper maintenance of landscaping, with minimal pesticide use, shall be the responsibility of the property owner. e. Integrated pest management (IPM) principles and techniques shall be encouraged as part of the landscaping design to the maximum extent practicable. Examples of IPM principles and techniques include: i. Select plants that are well adapted to soil conditions at the site. Conditions of Approval Page 8 of 8 ii. Select plants that are well adapted to sun and shade conditions at the site. In making these selections, consider future conditions when plants reach maturity, as well as seasonal changes. iii. Provide irrigation appropriate to the water requirements of the selected plants. iv. Select pest-resistant and disease-resistant plants. v. Plant a diversity of species to prevent a potential pest infestation from affecting the entire landscaping plan. vi. Use “insectary” plants in the landscaping to attract and keep beneficial insects. 15. No floatable bark shall be used in landscaping. Only fibrous mulch or pea gravel is allowed. 16. A SWPPP must be submitted. Drawings must note that erosion control shall be in effect all year long. 17. A copy of the state approved NOI must be submitted. Contact: Andrew Wemmer, Water Quality Control, at (650) 829-3840 or andrew.wemmer@ssf.net GSPublisherVersion 0.0.100.100 Revision: Date:By: Owner: Issue: Project: Project Address: Drawing Number: Drawing Title: Date: Drawn By: HS Job Number: Scale: Stamp: Baden Ave Condos 645 Baden Ave South San Francisco, CA, 94080 Cover Sheet Pradeep Gandhi 10/22/2018 A.002018_3 DESIGN REVIEW SET 5/25/2018 - DESIGN REVIEW SET Architect: Envisuality Group, Inc. Hayes Shair 41868 Osgood Rd Fremont,CA, 94539 (310)869-1469 General Contractor: Gonzalez Construction Gabriel Gonzalez 20 Linden Ave South San Francisco, CA 94080 (650)866-0095 Civil Engineer: BKF Engineers Mike O'Connell 150 California Street, Suite 600, San Francisco, CA 94111 (415) 930-7905 Landscape Architect: April Philips April Philips Design Works, Inc. 819 Fifth Avenue San Rafael, CA 94901 (415)457-2774 APPROVAL STAMP 8/08/2018 - DESIGN REVIEW SET CYC2 9/28/2018 - REVISION 1 A.00 Cover Sheet C0.0 C0.1 C1.0 C1.1 C2.0 C3.0 C4.0 C5.0 C5.1 C6.0 C7.0 Title Sheet Notes Existing Conditions Demolition Plan Horizontal Control Plan Grading Plan Utility Plan Erosion Control Plan Erosion Control Details Stormwater Control Plan Details A.02 A.03 A.04 A.10 A.11 A.12 A.13 A.14 A.15 A.16 A.17 A.30 A.31 A.32 A.33 A.40 Proposed Site Plan Proposed Site Section Open Space Diagram Building A - Ground Floor Plans Building A - Second Floor Plan Building A - Third Floor Plan Building A - Roof Plan Building B - Ground Floor Plans Building B - Second Floor Plan Building B - Third Floor Plan Building B - Roof Plan Enlarged Elevations - Building A Enlarged Elevations - Building A Enlarged Elevations - Building B Enlarged Elevations - Building B Typical Building Sections L.1 L.2 Landscape Preliminary Planting & Materials Plan Preliminary Landscape Materials & Imagery N2ND LANE BADEN AVENUE APPLICABLE CODES : 2016 CALIFORNIA ADMINISTRATIVE CODE 2016 CALIFORNIA BUILDING CODE 2016 CALIFORNIA PLUMBING CODE 2016 CALIFORNIA MECHANICAL CODE 2016 CALIFORNIA ELECTRIC CODE 2016 CALIFORNIA RESIDENTIAL CODE 2016 CALIFORNIA ENERGY CODE 2016 CALIFORNIA GREEN BUILDING STANDARDS CODE 2016 CALIFORNIA FIRE CODE 2016 CALIFORNIA EXISTING BUILDING CODE 2016 CALIFORNIA REFERENCED STANDARDS CODE ALONG WITH ALL OTHER LOCAL AND STATE LAWS AND REGULATIONS. ADOPTION OF THE 2016 EDITION OF THE CALIFORNIA STATE BUILDING CODES , TITLE 24, CALIFORNIA CODE OF REGULATIONS IS MANDATED BY PART 2.5 OF DIVISION 13 OF THE CALIFORNIA HEALTH & SAFETY CODE (SECTION 18901 ET SEQ.) THE FOLLOWING LOCAL AMENDMENTS TO THE CALIFORNIA STATE BUILDING CODES WERE FILED WITH THE BUILDING STANDARDS COMMISSION . DESIGN CRITERIA: WINDLOAD DESIGN FACTOR: ASCE 7-10 BASIC WIND SPEED = 110 MPH, EXPOSURE CLASS B SEISMIC DESIGN CATEGORY: D2 CLIMATE ZONE : 12 VERTICAL LOADS: ROOF LL 20 PSF; ROOFING DL 10 PSF; FLOOR LL 40 PSF; FLOOR DL 15 PSF GENERAL NOTES : 1.ALL DETAILS, MATERIALS, FINISHES AND ASSEMBLIES ARE NOT NECESSARILY SHOWN. THESE FINAL FINISH DETAILS INCLUDING CASEWORK AND MATERIAL SELECTIONS WILL BE COORDINATED BY THE OWNER. 2.ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE CALIFORNIA BUILDING CODE, APPLICABLE EDITION, THE COUNTY OF HUMBOLDT STANDARD PLANS AND SPECIFICATIONS, AND ALL OTHER PERTINENT CODES, LAWS AND REQUIREMENTS OF THE LOCAL BUILDING OFFICIALS, WHETHER OR NOT SPECIFICALLY SHOWN ON THESE DOCUMENTS. CONTACT ENVISUALITY GROUP INC. IF CONDITIONS OR OTHER CIRCUMSTANCES REQUIRE CHANGES IN THE WORK SHOWN, OR REQUIRE CLARIFICATION. ALL WORK SHALL BE DONE IN A HIGH QUALITY MANNER , ACCORDING TO THE PREVAILING STANDARDS OF THE INDUSTRY FOR EACH TRADE . 3.THE CONTRACTOR SHALL PROVIDE ALL LABOR, MATERIALS, EQUIPMENT, SUPERVISION AND CLEAN-UP TO ACCOMPLISH ALL OF THE WORK SHOWN, INCLUDING ALL WARRANTIES AND INSTRUCTIONS, TO PROVIDE A COMPLETE WORKING INSTALLATION, AND TO LEAVE THE OWNER WITH AN APPROVED PRODUCT. 4.CONTRACTOR SHALL ASSUME COMPLETE AND SOLE RESPONSIBILITY FOR MEANS AND METHODS OF CONSTRUCTION, AND FOR ALL SAFETY MEASURES TO PROTECT ALL PROPERTY, PERSONNEL AND THIRD PARTIES FROM DAMAGE OR INJURY. THIS RESPONSIBILITY SHALL BE CONTINUOUS AND NOT SOLELY DURING WORKING HOURS. CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS ENVISUALITY GROUP INC., THE CITY OF SOUTH SAN FRANCISCO, AND RELATED ENGINEERS FROM ANY CLAIMS OF LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF HIS WORK ON THIS PROJECT, EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF ENVISUALITY GROUP INC. AND RELATED ENGINEERS . 5.THESE DOCUMENTS DO NOT CONTAIN PROVISIONS FOR THE HANDLING OR REMOVAL OF ANY HAZARDOUS MATERIALS. SHOULD ANY SUCH MATERIALS BE SUSPECTED OR ENCOUNTERED, SPECIALISTS SHALL BE CALLED IN TO MAKE RECOMMENDATIONS. 6.PROVIDE ALL MANDATORY FEATURES REQUIRED BY THE T-24 ENERGY CODE, INCLUDING WEATHER-STRIPPING, BUILDING INSULATION, PIPE INSULATION, LIGHTING AND APPLIANCE MEASURES, AND OTHER FEATURES REQUIRED BY TITLE 24 OR OTHER STATE, FEDERAL OF LOCAL CODES. 7.NO PERSON SHALL ERECT (INCLUDING EXCAVATION AND GRADING ), DEMOLISH, ALTER OR REPAIR ANY BUILDING OR STRUCTURE OTHER THAN BETWEEN THE HOURS PERMITTED BY THE COUNTY OF HUMBOLDT. DRAWING INDEX DESIGN REVIEW - 645 BADEN AVE PROJECT DESCRIPTION: THE PROJECT PROPOSED EIGHT (8) TOTAL ATTACHED SINGLE FAMILY HOMES IN TWO 4-PLEX CONFIGURATIONS. ACCESS IS PROVIDED VIA A ONE-WAY DRIVE -AISLE CONNECTING BADEN AVE AND 2ND LANE. APPLICANT IS PROPOSING A DESIGN REVIEW FOR PROJECT APPROVAL AND APPROVAL OF A VESTING TENTATIVE TRACT MAP . APN: 223-171-003 LOT AREA: 10,500 SF OCCUPANCY GROUP : R-3 (RESIDENTIAL) CONSTRUCTION TYPE: TYPE V-A ZONING DISTRICT: DRM (DOWNTOWN RESIDENTIAL MEDIUM) GENERAL PLAN: HDR (HIGH DENSITY RESIDENTIAL) VICINITY PLAN (N.T.S) DEVELOPMENT STATISTICS: LOT AREA: 10,500 SF (0.24AC) MAX DENSITY: 25 DU/AC MAX UNITS: 6 STATE DENSITY BONUS : MODERATE INCOME 33% (2 OF 6 UNITS) DENSITY BONUS 28% EXTRA UNITS ALLOWED 1.68 UNITS TOTAL PROPOSED UNITS: 8 SETBACKS: FRONT: 15' SIDE: 5' REAR: 20' PRIVATE OPEN SPACE: 100 SF /UNIT TOTAL REQUIRED : 800 SF TOTAL PROVIDED : 1,382 SF PUBLIC OPEN SPACE: 100SF / UNIT TOTAL REQUIRED : 800SF TOTAL PROVIDED : 999.5 SF MAX FLOOR AREA RATIO 1.25 TOTAL ALLOWABLE SF : 13,125 SF PROPOSED SF: 12,836 SF MAX HEIGHT: 35' PROPOSED HEIGHT: 35' REQUIRED PARKING: 12 MIN / 14 MAX (1.5 MIN / 2.0 MAX) PROPOSED PARKING: 12 TOTAL STALLS EXHIBIT B Know what's R GSPublisherVersion 0.0.100.100 Revision: Date: By: Owner: Issue: Project: Project Address: Drawing Number: Drawing Title: Date: Drawn By: HS Job Number: Scale: Stamp: Baden Ave Condos 645 Baden Ave South San Francisco, CA, 94080 Proposed Site Plan Pradeep Gandhi 10/22/2018 A.022018_3 DESIGN REVIEW SET 5/25/2018 - DESIGN REVIEW SET Architect: Envisuality Group, Inc. Hayes Shair 41868 Osgood Rd Fremont,CA, 94539 (310) 869-1469 General Contractor: Gonzalez Construction Gabriel Gonzalez 20 Linden Ave South San Francisco, CA 94080 (650) 866-0095 Civil Engineer: BKF Engineers Mike O'Connell 150 California Street, Suite 600, San Francisco, CA 94111 (415) 930-7905 Landscape Architect: April Philips April Philips Design Works, Inc. 819 Fifth Avenue San Rafael, CA 94901 (415) 457-2774 APPROVAL STAMP 8/08/2018 - DESIGN REVIEW SET CYC2 9/28/2018 - REVISION 1 PERVIOUS AREA 636.23 sq ft PERVIOUS AREA 862.78 sq ft10'-11" 5'-1" 11'-0"5'-0"15'-0"4'-5" COVERED CARPORT ABOVE 2ND LANE BADEN AVE PRIVATE OPEN SPACE 103.66 sq ft 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 L L L L L L L L PRIVATE OPEN SPACE 103.98 sq ft 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"123451 1 1 - Proposed Site Plan 1/8" = 1'-0" 1 UNIT B1 UNIT B4 UNIT B2UNIT B3 GARAGE UNIT B4 GARAGE UNIT B2 GARAGE UNIT B3UNIT B1 UNIT A1 UNIT A1 UNIT A4 UNIT A2UNIT A3 GARAGE UNIT A4 GARAGE UNIT A2 GARAGE UNIT A3DESIGNATED TRASH STORAGE PERVIOUS SURFACES PERVIOUS SURFACES AT FRONT SETBACKS AREA OF FRONTAGE: 1125 SF TOTAL PERCENTAGE : 50% TOTAL REQURED : 562.5 SF TOTAL PROVIDED : BADEN ST: 862 SF 2ND LANE: 636 SF *BOTH FRONTAGES MEETS REQUIREMENTS PER SSFMC 20.080.004(C)(6) PRIVATE OPEN SPACE SHALL NOT EXCEED 18" ABOVE GROUND LEVEL PER SSFMC 20.300.011. SEE CIVIL DWGS. 1 PROVIDE MOTION- SENSOR SECURITY LIGHTING AT BUILDING PERIMETER. 2 SITE PLAN NOTES SITE PLAN LEGEND BUILDING A TOTAL SF : 6,470 GSF 5,388 NSF UNIT A1: 3 BR / 2.5 BA GARAGE: 0 SF GROUND: 728 SF 2ND FLOOR: 326 SF 3RD FLOOR: 0 SF TOTAL GROSS SF : 1,054 SF TOTAL NET SF : 1,054 SF UNIT A3: 4 BR / 3 BA GARAGE: 479 SF GROUND: 112 SF 2ND FLOOR: 838 SF 3RD FLOOR: 632 SF TOTAL GROSS SF : 2,061 SF TOTAL NET SF : 1,582 SF UNIT A4: 4 BR / 3 BA GARAGE: 358 SF GROUND: 310 SF 2ND FLOOR: 809 SF 3RD FLOOR: 486 SF TOTAL GROSS SF : 1,963 SF TOTAL NET SF : 1,605 SF UNIT A2: 3 BR / 2.5 BA GARAGE: 240 SF GROUND: 107 SF 2ND FLOOR: 430 SF 3RD FLOOR: 610 SF TOTAL GROSS SF : 1,386 SF TOTAL NET SF : 1,147 SF BUILDING B TOTAL SF : 6,470 GSF 5,388 NSF UNIT B1: 3 BR / 2.5 BA GARAGE: 0 SF GROUND: 728 SF 2ND FLOOR: 326 SF 3RD FLOOR: 0 SF TOTAL GROSS SF : 1,054 SF TOTAL NET SF : 1,054 SF UNIT B3: 4 BR / 3 BA GARAGE: 479 SF GROUND: 112 SF 2ND FLOOR: 838 SF 3RD FLOOR: 632 SF TOTAL GROSS SF : 2,061 SF TOTAL NET SF : 1,582 SF UNIT B4: 4 BR / 3 BA GARAGE: 358 SF GROUND: 310 SF 2ND FLOOR: 809 SF 3RD FLOOR: 486 SF TOTAL GROSS SF : 1,963 SF TOTAL NET SF : 1,605 SF UNIT B2: 3 BR / 2.5 BA GARAGE: 240 SF GROUND: 107 SF 2ND FLOOR: 430 SF 3RD FLOOR: 610 SF TOTAL GROSS SF: 1,386 SF TOTAL NET SF : 1,147 SF GSPublisherVersion 0.0.100.100 Revision: Date: By: Owner: Issue: Project: Project Address: Drawing Number: Drawing Title: Date: Drawn By: HS Job Number: Scale: Stamp: Baden Ave Condos 645 Baden Ave South San Francisco, CA, 94080 Proposed Site Section Pradeep Gandhi 10/22/2018 A.032018_3 DESIGN REVIEW SET 5/25/2018 - DESIGN REVIEW SET Architect: Envisuality Group, Inc. Hayes Shair 41868 Osgood Rd Fremont,CA, 94539 (310) 869-1469 General Contractor: Gonzalez Construction Gabriel Gonzalez 20 Linden Ave South San Francisco, CA 94080 (650) 866-0095 Civil Engineer: BKF Engineers Mike O'Connell 150 California Street, Suite 600, San Francisco, CA 94111 (415) 930-7905 Landscape Architect: April Philips April Philips Design Works, Inc. 819 Fifth Avenue San Rafael, CA 94901 (415) 457-2774 APPROVAL STAMP 8/08/2018 - DESIGN REVIEW SET CYC2 9/28/2018 - REVISION 1 15'-11 1/2"15'-0" +98.50' 0 Ground Floor +98.50' 0 Ground Floor +108.54' 1 2nd Floor +108.54' 1 2nd Floor +118.58' 2 3rd Floor +118.58' 2 3rd Floor +127.58' 3 Roof Level +127.58' 3 Roof Level 34'-2 1/2"BLDG B HEIGHT33'-7"BLDG A HEIGHTAVG ELEV OF HP & LP ACROSS BLDG A = +98.55 AVG ELEV OF HP & LP ACROSS BLDG B = +95.39 HALF DISTANCE BETWEEN PLATE & HP OF ROOF HALF DISTANCE BETWEEN PLATE & HP OF ROOF +98.50' 0 Ground Floor +108.54' 1 2nd Floor +118.58' 2 3rd Floor +127.58' 3 Roof Level23'-8 1/2" 15'-11 1/2"33'-7"BLDG A HEIGHT34'-2 1/2"BLDG B HEIGHT15'-0" AVG ELEV OF HP & LP ACROSS BLDG A = +98.55 AVG ELEV OF HP & LP ACROSS BLDG B = +95.39 HALF DISTANCE BETWEEN PLATE & HP OF ROOF HALF DISTANCE BETWEEN PLATE & HP OF ROOF 1 - Site Section 2 - Site Right Side Elevation 3 - Site Left Side Elevation GSPublisherVersion 0.0.100.100 Revision: Date: By: Owner: Issue: Project: Project Address: Drawing Number: Drawing Title: Date: Drawn By: HS Job Number: Scale: Stamp: Baden Ave Condos 645 Baden Ave South San Francisco, CA, 94080 Open Space Diagram Pradeep Gandhi 10/22/2018 A.042018_3 DESIGN REVIEW SET 5/25/2018 - DESIGN REVIEW SET Architect: Envisuality Group, Inc. Hayes Shair 41868 Osgood Rd Fremont,CA, 94539 (310) 869-1469 General Contractor: Gonzalez Construction Gabriel Gonzalez 20 Linden Ave South San Francisco, CA 94080 (650) 866-0095 Civil Engineer: BKF Engineers Mike O'Connell 150 California Street, Suite 600, San Francisco, CA 94111 (415) 930-7905 Landscape Architect: April Philips April Philips Design Works, Inc. 819 Fifth Avenue San Rafael, CA 94901 (415) 457-2774 APPROVAL STAMP 8/08/2018 - DESIGN REVIEW SET CYC2 9/28/2018 - REVISION 1 PERVIOUS AREA 636.23 sq ft PERVIOUS AREA 862.78 sq ft10'-11" 5'-1" 11'-0"5'-0"15'-0"4'-5" COVERED CARPORT ABOVE 2ND LANE BADEN AVE PRIVATE OPEN SPACE 103.66 sq ft 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 L L L L L L L L PRIVATE OPEN SPACE 103.98 sq ft 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345COMMON OS 362.65 sq ft COMMON OS 616.85 sq ft PERVIOUS AREA 862.78 sq ft10'-11" 5'-1" 11'-0"5'-0" 4'-5" COVERED CARPORT ABOVE 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1718 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1718 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 BEDROOM MASTER BEDROOM MASTER BEDROOM BEDROOM BATH BATH BEDROOM BEDROOM WIC BATH BATH DEN BATH BEDROOM MASTER BEDROOM MASTER BEDROOM BEDROOM BATH BATH BEDROOM BEDROOM WIC BATH BATH DEN BATH UNIT A3 PRIVATE O-S 165.36 sq ft UNIT A2 PRIVATE O-S 168.51 sq ft UNIT B4 PRIVATE O-S 40.42 sq ft UNIT B3 PRIVATE O-S 165.36 sq ft UNIT B2 PRIVATE O-S 168.51 sq ft UNIT B4 PRIVATE O-S 40.27 sq ft UNIT B4 PRIVATE O-S 123.94 sq ft UNIT A4 PRIVATE O-S 40.42 sq ft UNIT A4 PRIVATE O-S 40.27 sq ft UNIT A4 PRIVATE O-S 123.94 sq ft 4 - Open Space Diagram - Ground Floor 1/8" = 1'-0" 8 - Open Space Diagram - 3rd Floor 1/8" = 1'-0" PRIVATE OPEN SPACE AREA CALCULATIONS Total Units = 8 DU Common Open Space Required: 800 SF (100SF / DU) Common Open Space Provided: 979.5 SF Private Open Space Required: 100 SF / DU *All Units have minimum 100 SF. GSPublisherVersion 0.0.100.100 Revision: Date: By: Owner: Issue: Project: Project Address: Drawing Number: Drawing Title: Date: Drawn By: HS Job Number: Scale: Stamp: Baden Ave Condos 645 Baden Ave South San Francisco, CA, 94080 Building A - Ground Floor Plans Pradeep Gandhi 10/22/2018 A.102018_3 DESIGN REVIEW SET 5/25/2018 - DESIGN REVIEW SET Architect: Envisuality Group, Inc. Hayes Shair 41868 Osgood Rd Fremont,CA, 94539 (310) 869-1469 General Contractor: Gonzalez Construction Gabriel Gonzalez 20 Linden Ave South San Francisco, CA 94080 (650) 866-0095 Civil Engineer: BKF Engineers Mike O'Connell 150 California Street, Suite 600, San Francisco, CA 94111 (415) 930-7905 Landscape Architect: April Philips April Philips Design Works, Inc. 819 Fifth Avenue San Rafael, CA 94901 (415) 457-2774 APPROVAL STAMP 8/08/2018 - DESIGN REVIEW SET CYC2 9/28/2018 - REVISION 1 PERVIOUS AREA 862.78 sq ft 10'-11" 5'-1" 4'-5" COVERED CARPORT ABOVE 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 20'-0"38'-4"10'-0"9'-7 1/2"10'-0"3'-1/2" GUEST BEDROOM ENTRY GARAGE BATH ENTRY ENTRY BATH BATH CLOSET 18 x 6 1/2" = 10'-1/2"123459'-10"5"9'-10 1/2"11"19'-8 1/2"5"17'-0"20'-8"5"5'-0"5"1'-10"5"11'-4" MASTER BEDROOM BEDROOMBEDROOM 112.27 sq ft GROUND FLOOR = 2,333.61 sq ft GSF UNIT A1UNIT A3UNIT A4 UNIT A2 728.69 sq ft107.22 sq ft307.32 sq ft 358.47 sq ft 719.65 sq ft A2/A3 GARAGE A4 GARAGE 2 - Area Calcs - Ground 1 - Building A - Ground Floor Plan 1/4" = 1'-0" BUILDING A - AREA BREAKDOWN Ground Floor: 2,333 SF 2nd Floor: 2,356 SF 3rd Floor: 1,729 SF Total "BLDG A" SF: 6,418 SF 2'-0" 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 20'-0"18'-0"16'-0"38'-4"10'-0"9'-7 1/2"10'-0"3'-1/2"1A.401A.401 A.30 2A.031 A.31 PRIVATE OPEN SPACE 103.98 sq ft GUEST BEDROOM ENTRY GARAGE BATH ENTRY ENTRY BATH BATH CLOSET 18 x 6 1/2" = 10'-1/2"123459'-10"5"9'-10 1/2"11"19'-8 1/2"5"17'-0"20'-8"5"5'-0"5"1'-10"5"20'-7"20'-7 1/2"17'-4 1/2" 11'-4" MASTER BEDROOM BEDROOMBEDROOM GSPublisherVersion 0.0.100.100 Revision: Date: By: Owner: Issue: Project: Project Address: Drawing Number: Drawing Title: Date: Drawn By: HS Job Number: Scale: Stamp: Baden Ave Condos 645 Baden Ave South San Francisco, CA, 94080 Building A - Second Floor Plan Pradeep Gandhi 10/22/2018 A.112018_3 DESIGN REVIEW SET 5/25/2018 - DESIGN REVIEW SET Architect: Envisuality Group, Inc. Hayes Shair 41868 Osgood Rd Fremont,CA, 94539 (310) 869-1469 General Contractor: Gonzalez Construction Gabriel Gonzalez 20 Linden Ave South San Francisco, CA 94080 (650) 866-0095 Civil Engineer: BKF Engineers Mike O'Connell 150 California Street, Suite 600, San Francisco, CA 94111 (415) 930-7905 Landscape Architect: April Philips April Philips Design Works, Inc. 819 Fifth Avenue San Rafael, CA 94901 (415) 457-2774 APPROVAL STAMP 8/08/2018 - DESIGN REVIEW SET CYC2 9/28/2018 - REVISION 1 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 1415161718 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 18 x 6 1/2" = 10'-1/2"123456789 10 11 12 13 14 15 16 17 18 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 FF 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 FF 22'-1 1/2"11"9'-7 1/2"5"9'-7 1/2"11"9'-4"5"9'-9"10'-0"3'-0"8'-9"9'-8"12'-7"3'-3"10'-0"11'-5"10'-0"10'-6"10'-6"11'-1/2"10'-4 1/2"3'-3 1/2" DININGNOOK LIVING KITCHENKITCHEN PANTRY BATH BATH BEDROOM BEDROOM BEDROOM BEDROOM DINING KITCHEN BATH LIVING LIVING BATH KITCHEN BATH LIVING 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 1415161718 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 75'-0"13'-6"6'-5"13'-6"9'-7" 18 x 6 1/2" = 10'-1/2"123456789 10 11 12 13 14 15 16 17 18 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 FF 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 FF 22'-1 1/2"11"9'-7 1/2"5"9'-7 1/2"11"9'-4"5"9'-9"10'-0"3'-0"8'-9"9'-8"43'-0"21'-0"20'-7 1/2"13'-0"30'-0"64'-0" 4'-7 1/2"15'-5 1/2"5'-9"15'-3"5'-6"14'-6 1/2"2'-10"12'-7"3'-3"10'-0"11'-5"10'-0"10'-6"10'-6"11'-1/2"10'-4 1/2"3'-3 1/2" DININGNOOK LIVING KITCHENKITCHEN PANTRY BATH BATH BEDROOM BEDROOM BEDROOM BEDROOM DINING KITCHEN BATH LIVING LIVING BATH KITCHEN BATH LIVING 430.77 sq ft 2ND FLOOR = 2,356.70 sq ft GSF UNIT A2UNIT A4 UNIT A3 UNIT A1 326.72 sq ft 761.02 sq ft 838.19 sq ft 1 - Building A - 2nd Floor Plan 1/4" = 1'-0" 2 - Area Calcs -2nd Level BUILDING A - AREA BREAKDOWN Ground Floor: 2,333 SF 2nd Floor: 2,356 SF 3rd Floor: 1,729 SF Total "BLDG A" SF: 6,418 SF GSPublisherVersion 0.0.100.100 Revision: Date: By: Owner: Issue: Project: Project Address: Drawing Number: Drawing Title: Date: Drawn By: HS Job Number: Scale: Stamp: Baden Ave Condos 645 Baden Ave South San Francisco, CA, 94080 Building A - Third Floor Plan Pradeep Gandhi 10/22/2018 A.122018_3 DESIGN REVIEW SET 5/25/2018 - DESIGN REVIEW SET Architect: Envisuality Group, Inc. Hayes Shair 41868 Osgood Rd Fremont,CA, 94539 (310) 869-1469 General Contractor: Gonzalez Construction Gabriel Gonzalez 20 Linden Ave South San Francisco, CA 94080 (650) 866-0095 Civil Engineer: BKF Engineers Mike O'Connell 150 California Street, Suite 600, San Francisco, CA 94111 (415) 930-7905 Landscape Architect: April Philips April Philips Design Works, Inc. 819 Fifth Avenue San Rafael, CA 94901 (415) 457-2774 APPROVAL STAMP 8/08/2018 - DESIGN REVIEW SET CYC2 9/28/2018 - REVISION 1 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 171812'-1 1/2"11'-1 1/2"11'-6"11'-9"11'-8 1/2" 11'-7"11'-2 1/2"11'-11 1/2" 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1811'-5 1/2"10'-2"5"5'-8 1/2" 9'-11"5"9'-9 1/2"10'-4"10'-4"5'-0"15'-11 1/2"20'-8 1/2"15'-10" BEDROOM MASTER BEDROOM MASTER BEDROOM BEDROOM BATH BATH BEDROOM BEDROOM WIC BATH BATH DEN BATH 3RD FLOOR = 1,729.10 sq ft 485.70 sq ft 610.54 sq ft632.86 sq ft UNIT A2UNIT A3UNIT A4 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 171869'-11 1/2"5'-1/2" 75'-0"12'-1 1/2"21'-1/2"20'-6 1/2"15'-11"11'-1 1/2"11'-6"22'-1"12'-2"11'-9"11'-8 1/2" 11'-7"11'-2 1/2"11'-11 1/2" 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1811'-5 1/2"10'-2"5"5'-8 1/2" 9'-11"5"9'-9 1/2"10'-4"10'-4"32'-9"5'-0"15'-11 1/2"20'-8 1/2"15'-10" BEDROOM MASTER BEDROOM MASTER BEDROOM BEDROOM BATH BATH BEDROOM BEDROOM WIC BATH BATH DEN BATH 1 - Area Calcs -3rd Level 3 - Building A - 3rd Floor Plan 1/4" = 1'-0" BUILDING A - AREA BREAKDOWN Ground Floor: 2,333 SF 2nd Floor: 2,356 SF 3rd Floor: 1,729 SF Total "BLDG A" SF: 6,418 SF GSPublisherVersion 0.0.100.100 Revision: Date: By: Owner: Issue: Project: Project Address: Drawing Number: Drawing Title: Date: Drawn By: HS Job Number: Scale: Stamp: Baden Ave Condos 645 Baden Ave South San Francisco, CA, 94080 Building A - Roof Plan Pradeep Gandhi 10/22/2018 A.132018_3 DESIGN REVIEW SET 5/25/2018 - DESIGN REVIEW SET Architect: Envisuality Group, Inc. Hayes Shair 41868 Osgood Rd Fremont,CA, 94539 (310) 869-1469 General Contractor: Gonzalez Construction Gabriel Gonzalez 20 Linden Ave South San Francisco, CA 94080 (650) 866-0095 Civil Engineer: BKF Engineers Mike O'Connell 150 California Street, Suite 600, San Francisco, CA 94111 (415) 930-7905 Landscape Architect: April Philips April Philips Design Works, Inc. 819 Fifth Avenue San Rafael, CA 94901 (415) 457-2774 APPROVAL STAMP 8/08/2018 - DESIGN REVIEW SET CYC2 9/28/2018 - REVISION 1Slope 1/2" : 12Slope 1/2" : 12Slope 1/2" : 12CURB-MOUNTED SKYLIGHT PROVIDE CRICKETS AS REQ. SOLAR READY ZONE (NO PENETRATIONS) SOLAR READY ZONE (NO PENETRATIONS) SOLAR READY ZONE (NO PENETRATIONS) 1 - Building A - Roof Level Plan 1/4" = 1'-0" GSPublisherVersion 0.0.100.100 Revision: Date: By: Owner: Issue: Project: Project Address: Drawing Number: Drawing Title: Date: Drawn By: HS Job Number: Scale: Stamp: Baden Ave Condos 645 Baden Ave South San Francisco, CA, 94080 Building B - Ground Floor Plans Pradeep Gandhi 10/22/2018 A.142018_3 DESIGN REVIEW SET 5/25/2018 - DESIGN REVIEW SET Architect: Envisuality Group, Inc. Hayes Shair 41868 Osgood Rd Fremont,CA, 94539 (310) 869-1469 General Contractor: Gonzalez Construction Gabriel Gonzalez 20 Linden Ave South San Francisco, CA 94080 (650) 866-0095 Civil Engineer: BKF Engineers Mike O'Connell 150 California Street, Suite 600, San Francisco, CA 94111 (415) 930-7905 Landscape Architect: April Philips April Philips Design Works, Inc. 819 Fifth Avenue San Rafael, CA 94901 (415) 457-2774 APPROVAL STAMP 8/08/2018 - DESIGN REVIEW SET CYC2 9/28/2018 - REVISION 1 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 20'-0"38'-4"10'-0"9'-7 1/2"10'-0"3'-1/2" GUEST BEDROOM ENTRY GARAGE BATH ENTRY ENTRY BATH BATH CLOSET 18 x 6 1/2" = 10'-1/2"123459'-10"5"9'-10 1/2"11"19'-8 1/2"5"17'-0"20'-8"5"5'-0"5"1'-10"5"11'-4" MASTER BEDROOM BEDROOMBEDROOM 112.27 sq ft GROUND FLOOR = 2,333.61 sq ft GSF UNIT B1UNIT B3UNIT B4 UNIT B2 728.69 sq ft107.22 sq ft307.32 sq ft 358.47 sq ft 719.65 sq ft B2/B3 GARAGE B4 GARAGE PERVIOUS AREA 636.23 sq ft 11'-0"5'-0"15'-0"2 - Area Calcs - Ground BUILDING B - AREA BREAKDOWN Ground Floor: 2,333 SF 2nd Floor: 2,356 SF 3rd Floor: 1,729 SF Total "BLDG B" SF: 6,418 SF 2'-0"PRIVATE OPEN SPACE 103.66 sq ft 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 20'-0"18'-0"16'-0"38'-4"10'-0"9'-7 1/2"10'-0"3'-1/2" 2 A.40 2 A.40 1 A.32 2 A.33 GUEST BEDROOM ENTRY GARAGE BATH ENTRY ENTRY BATH BATH CLOSET 18 x 6 1/2" = 10'-1/2"123459'-10"5"9'-10 1/2"11"19'-8 1/2"5"17'-0"20'-8"5"5'-0"5"1'-10"5"20'-7"20'-7 1/2"17'-4 1/2" 11'-4" MASTER BEDROOM BEDROOMBEDROOM 1 - Building B - Ground Floor Plan 1/4" = 1'-0" GSPublisherVersion 0.0.100.100 Revision: Date: By: Owner: Issue: Project: Project Address: Drawing Number: Drawing Title: Date: Drawn By: HS Job Number: Scale: Stamp: Baden Ave Condos 645 Baden Ave South San Francisco, CA, 94080 Building B - Second Floor Plan Pradeep Gandhi 10/22/2018 A.152018_3 DESIGN REVIEW SET 5/25/2018 - DESIGN REVIEW SET Architect: Envisuality Group, Inc. Hayes Shair 41868 Osgood Rd Fremont,CA, 94539 (310) 869-1469 General Contractor: Gonzalez Construction Gabriel Gonzalez 20 Linden Ave South San Francisco, CA 94080 (650) 866-0095 Civil Engineer: BKF Engineers Mike O'Connell 150 California Street, Suite 600, San Francisco, CA 94111 (415) 930-7905 Landscape Architect: April Philips April Philips Design Works, Inc. 819 Fifth Avenue San Rafael, CA 94901 (415) 457-2774 APPROVAL STAMP 8/08/2018 - DESIGN REVIEW SET CYC2 9/28/2018 - REVISION 1 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 1415161718 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 18 x 6 1/2" = 10'-1/2"123456789 10 11 12 13 14 15 16 17 18 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 FF 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 F F22'-1 1/2"11"9'-7 1/2"5"9'-7 1/2"11"9'-4"5"9'-9"10'-0"3'-0"8'-9"9'-8"11'-9"3'-3"10'-0"11'-5"10'-0"10'-6"10'-6"11'-1/2"10'-4 1/2"3'-3 1/2" DININGNOOK LIVING KITCHENKITCHEN PANTRY BATH BATH BEDROOM BEDROOM BEDROOM BEDROOM DINING KITCHEN BATH LIVING LIVING BATH KITCHEN BATH LIVING 2ND FLOOR = 2,356.70 sq ft GSF 430.77 sq ft UNIT B2 UNIT B1 UNIT B4 UNIT B3 761.02 sq ft 326.72 sq ft 838.19 sq ft 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 1415161718 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 17 x 7" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 1314 15 16 17 2 A.40 2 A.40 1 A.32 2 A.33 13'-6"6'-5"13'-6"9'-7" 18 x 6 1/2" = 10'-1/2"123456789 10 11 12 13 14 15 16 17 18 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 FF 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 F F22'-1 1/2"11"9'-7 1/2"5"9'-7 1/2"11"9'-4"5"9'-9"10'-0"3'-0"8'-9"9'-8"43'-0"21'-0"20'-7 1/2"13'-0"30'-0"64'-0" 4'-7 1/2"15'-5 1/2"5'-9"15'-3"5'-6"14'-6 1/2"2'-10"11'-9"3'-3"10'-0"11'-5"10'-0"10'-6"10'-6"11'-1/2"10'-4 1/2"3'-3 1/2" DININGNOOK LIVING KITCHENKITCHEN PANTRY BATH BATH BEDROOM BEDROOM BEDROOM BEDROOM DINING KITCHEN BATH LIVING LIVING BATH KITCHEN BATH LIVING 1 - Area Calcs -2nd Level 3 - Building B - 2nd Floor Plan 1/4" = 1'-0" BUILDING B - AREA BREAKDOWN Ground Floor: 2,333 SF 2nd Floor: 2,356 SF 3rd Floor: 1,729 SF Total "BLDG B" SF: 6,418 SF GSPublisherVersion 0.0.100.100 Revision: Date: By: Owner: Issue: Project: Project Address: Drawing Number: Drawing Title: Date: Drawn By: HS Job Number: Scale: Stamp: Baden Ave Condos 645 Baden Ave South San Francisco, CA, 94080 Building B - Third Floor Plan Pradeep Gandhi 10/22/2018 A.162018_3 DESIGN REVIEW SET 5/25/2018 - DESIGN REVIEW SET Architect: Envisuality Group, Inc. Hayes Shair 41868 Osgood Rd Fremont,CA, 94539 (310) 869-1469 General Contractor: Gonzalez Construction Gabriel Gonzalez 20 Linden Ave South San Francisco, CA 94080 (650) 866-0095 Civil Engineer: BKF Engineers Mike O'Connell 150 California Street, Suite 600, San Francisco, CA 94111 (415) 930-7905 Landscape Architect: April Philips April Philips Design Works, Inc. 819 Fifth Avenue San Rafael, CA 94901 (415) 457-2774 APPROVAL STAMP 8/08/2018 - DESIGN REVIEW SET CYC2 9/28/2018 - REVISION 1 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 171812'-1 1/2"11'-1 1/2"11'-6"11'-9"11'-8 1/2" 11'-7"11'-2 1/2"11'-11 1/2" 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 11'-5 1/2"10'-2"5"5'-8 1/2" 9'-11"5"9'-9 1/2"10'-4"10'-4"5'-0"15'-11 1/2"20'-8 1/2"15'-10" BEDROOM MASTER BEDROOM MASTER BEDROOM BEDROOM BATH BATH BEDROOM BEDROOM WIC BATH BATH DEN BATH 3RD FLOOR = 1,729.09 sq ft 610.54 sq ft632.86 sq ft485.70 sq ft UNIT B2UNIT B3UNIT B4 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17182 A.40 2 A.40 1 A.32 2 A.33 75'-0" 69'-11 1/2"5'-1/2"12'-1 1/2"21'-1/2"20'-6 1/2"15'-11"11'-1 1/2"11'-6"22'-1"12'-2"11'-9"11'-8 1/2" 11'-7"11'-2 1/2"11'-11 1/2" 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 18 x 6 1/2" = 10'-1/2"1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 11'-5 1/2"10'-2"5"5'-8 1/2" 9'-11"5"9'-9 1/2"10'-4"10'-4"32'-9"5'-0"15'-11 1/2"20'-8 1/2"15'-10" BEDROOM MASTER BEDROOM MASTER BEDROOM BEDROOM BATH BATH BEDROOM BEDROOM WIC BATH BATH DEN BATH 1 - Area Calcs -3rd Level 3 - Building B - 3rd Floor Plan 1/4" = 1'-0" BUILDING B - AREA BREAKDOWN Ground Floor: 2,333 SF 2nd Floor: 2,356 SF 3rd Floor: 1,729 SF Total "BLDG B" SF: 6,418 SF GSPublisherVersion 0.0.100.100 Revision: Date: By: Owner: Issue: Project: Project Address: Drawing Number: Drawing Title: Date: Drawn By: HS Job Number: Scale: Stamp: Baden Ave Condos 645 Baden Ave South San Francisco, CA, 94080 Building B - Roof Plan Pradeep Gandhi 10/22/2018 A.172018_3 DESIGN REVIEW SET 5/25/2018 - DESIGN REVIEW SET Architect: Envisuality Group, Inc. Hayes Shair 41868 Osgood Rd Fremont,CA, 94539 (310) 869-1469 General Contractor: Gonzalez Construction Gabriel Gonzalez 20 Linden Ave South San Francisco, CA 94080 (650) 866-0095 Civil Engineer: BKF Engineers Mike O'Connell 150 California Street, Suite 600, San Francisco, CA 94111 (415) 930-7905 Landscape Architect: April Philips April Philips Design Works, Inc. 819 Fifth Avenue San Rafael, CA 94901 (415) 457-2774 APPROVAL STAMP 8/08/2018 - DESIGN REVIEW SET CYC2 9/28/2018 - REVISION 1Slope 1/2" : 12Slope 1/2" : 12Slope 1/2" : 12CURB-MOUNTED SKYLIGHT PROVIDE CRICKETS AS REQ. SOLAR READY ZONE (NO PENETRATIONS) SOLAR READY ZONE (NO PENETRATIONS) SOLAR READY ZONE (NO PENETRATIONS) 1 - Building B - Roof Level Plan 1/4" = 1'-0" GSPublisherVersion 0.0.100.100 Revision: Date: By: Owner: Issue: Project: Project Address: Drawing Number: Drawing Title: Date: Drawn By: HS Job Number: Scale: Stamp: Baden Ave Condos 645 Baden Ave South San Francisco, CA, 94080 Enlarged Elevations - Building A Pradeep Gandhi 10/22/2018 A.302018_3 DESIGN REVIEW SET 5/25/2018 - DESIGN REVIEW SET Architect: Envisuality Group, Inc. Hayes Shair 41868 Osgood Rd Fremont,CA, 94539 (310) 869-1469 General Contractor: Gonzalez Construction Gabriel Gonzalez 20 Linden Ave South San Francisco, CA 94080 (650) 866-0095 Civil Engineer: BKF Engineers Mike O'Connell 150 California Street, Suite 600, San Francisco, CA 94111 (415) 930-7905 Landscape Architect: April Philips April Philips Design Works, Inc. 819 Fifth Avenue San Rafael, CA 94901 (415) 457-2774 APPROVAL STAMP 8/08/2018 - DESIGN REVIEW SET CYC2 9/28/2018 - REVISION 1 +98.50' 0 Ground Floor +108.54' 1 2nd Floor +118.58' 2 3rd Floor +127.58' 3 Roof Level 10'-1/2"10'-1/2"9'-0"STEEL GUARDRAIL, SEE LANDSCAPE DWGS WHITE STUCCO, SAND FLOAT 4" DARK COPING WHITE STUCCO, SAND FLOAT BEIGE STUCCO NATURAL STAINED WOOD SIDING WHITE STUCCO, SAND FLOAT STEEL SUNSHADE NATURAL STAINED WOOD SIDING WHITE STUCCO, SAND FLOAT WHITE STUCCO, SAND FLOAT STEEL SUNSHADE W/ STAINLESS STEEL LETTERING ACCENTED ENTRY DOORS MODERN EXTERIOR SCONCE +98.50' 0 Ground Floor +108.54' 1 2nd Floor +118.58' 2 3rd Floor +127.58' 3 Roof Level 33'-7"BLDG A HEIGHTSTEEL GUARDRAIL, SEE LANDSCAPE DWGS WHITE STUCCO, SAND FLOAT SINGLE-MEMBRANE ROOFING EXPOSED STEEL COLUMNS BEIGE STUCCO STEEL GUARDRAIL, SEE LANDSCAPE DWGS NATURAL STAINED WOOD SIDING WHITE STUCCO WHITE STUCCO COVERED CARPORT 1/2"12" AVG ELEV OF HP & LP ACROSS BLDG A = +98.55 HALF DISTANCE BETWEEN PLATE & HP OF ROOF 1 - BLDG A - Front Elevation 2 - BLDG A - Right Side Elevation GSPublisherVersion 0.0.100.100 Revision: Date: By: Owner: Issue: Project: Project Address: Drawing Number: Drawing Title: Date: Drawn By: HS Job Number: Scale: Stamp: Baden Ave Condos 645 Baden Ave South San Francisco, CA, 94080 Enlarged Elevations - Building A Pradeep Gandhi 10/22/2018 A.312018_3 DESIGN REVIEW SET 5/25/2018 - DESIGN REVIEW SET Architect: Envisuality Group, Inc. Hayes Shair 41868 Osgood Rd Fremont,CA, 94539 (310) 869-1469 General Contractor: Gonzalez Construction Gabriel Gonzalez 20 Linden Ave South San Francisco, CA 94080 (650) 866-0095 Civil Engineer: BKF Engineers Mike O'Connell 150 California Street, Suite 600, San Francisco, CA 94111 (415) 930-7905 Landscape Architect: April Philips April Philips Design Works, Inc. 819 Fifth Avenue San Rafael, CA 94901 (415) 457-2774 APPROVAL STAMP 8/08/2018 - DESIGN REVIEW SET CYC2 9/28/2018 - REVISION 1 +98.50' 0 Ground Floor +108.54' 1 2nd Floor +118.58' 2 3rd Floor +127.58' 3 Roof Level 12'-6" 11'-0"5'-0" 8'-0" 4'-5" SINGLE-PLY ROOFING , GREY TPO OR EQ NATURAL STAINED WOOD SIDING DOWNSPOUTS BEIGE STUCCO WHITE STUCCO, SAND FLOAT NATURAL STAINED GARAGE DOORS COVERED CARPORT +98.50' 0 Ground Floor +108.54' 1 2nd Floor +118.58' 2 3rd Floor +127.58' 3 Roof Level 23'-8 1/2" 15'-11 1/2"33'-7"BLDG A HEIGHTWHITE STUCCO, SAND FLOAT BEIGE STUCCO NATURAL STAINED WOOD SIDING EXPOSED STEEL COLUMNS SINGLE-MEMBRANE ROOFING WHITE STUCCO, SAND FLOAT STEEL SUNSHADE W/ STAINLESS STEEL LETTERING ACCENTED ENTRY DOORS MODERN EXTERIOR SCONCE 1/2"12" AVG ELEV OF HP & LP ACROSS BLDG A = +98.55 HALF DISTANCE BETWEEN PLATE & HP OF ROOF 1 1 - BLDG A - Rear Elevation 2 - BLDG A - Left Side Elevation GSPublisherVersion 0.0.100.100 Revision: Date: By: Owner: Issue: Project: Project Address: Drawing Number: Drawing Title: Date: Drawn By: HS Job Number: Scale: Stamp: Baden Ave Condos 645 Baden Ave South San Francisco, CA, 94080 Enlarged Elevations - Building B Pradeep Gandhi 10/22/2018 A.322018_3 DESIGN REVIEW SET 5/25/2018 - DESIGN REVIEW SET Architect: Envisuality Group, Inc. Hayes Shair 41868 Osgood Rd Fremont,CA, 94539 (310) 869-1469 General Contractor: Gonzalez Construction Gabriel Gonzalez 20 Linden Ave South San Francisco, CA 94080 (650) 866-0095 Civil Engineer: BKF Engineers Mike O'Connell 150 California Street, Suite 600, San Francisco, CA 94111 (415) 930-7905 Landscape Architect: April Philips April Philips Design Works, Inc. 819 Fifth Avenue San Rafael, CA 94901 (415) 457-2774 APPROVAL STAMP 8/08/2018 - DESIGN REVIEW SET CYC2 9/28/2018 - REVISION 1 +96.49' 0 Ground Floor +106.53' 1 2nd Floor +116.57' 2 3rd Floor +125.57' 3 Roof Level 8'-0" 11'-0" 10'-0"12'-6"STEEL GUARDRAIL WHITE STUCCO, SAND FLOAT 4" DARK COPING WHITE STUCCO, SAND FLOAT BEIGE STUCCO NATURAL STAINED WOOD SIDING WHITE STUCCO, SAND FLOAT STEEL SUNSHADE NATURAL STAINED WOOD SIDING WHITE STUCCO, SAND FLOAT WHITE STUCCO, SAND FLOAT WOOD SLAT LOW WALL, SEE LANDSCAPE DWGSCONCRETE BASE (MAX 18" H) STEEL SUNSHADE W/ STAINLESS STEEL LETTERING ACCENTED ENTRY DOORS MODERN EXTERIOR SCONCE WOOD SIDING RAISED PLANTER (MAX 18" H) +98.50' 0 Ground Floor +108.54' 1 2nd Floor +118.58' 2 3rd Floor +127.58' 3 Roof Level 34'-2 1/2"BLDG B HEIGHTBEIGE STUCCO STEEL GUARDRAIL, SEE LANDSCAPE DWGS WHITE STUCCO, SAND FLOAT EXPOSED STEEL COLUMNS SINGLE-MEMBRANE ROOFING NATURAL STAINED WOOD SIDING WHITE STUCCO WHITE STUCCO COVERED CARPORT 1/2"12" AVG ELEV OF HP & LP ACROSS BLDG B = +95.39 HALF DISTANCE BETWEEN PLATE & HP OF ROOF 1 - BLDG B - Front Elevation 2 - BLDG B - Right Side Elevation GSPublisherVersion 0.0.100.100 Revision: Date: By: Owner: Issue: Project: Project Address: Drawing Number: Drawing Title: Date: Drawn By: HS Job Number: Scale: Stamp: Baden Ave Condos 645 Baden Ave South San Francisco, CA, 94080 Enlarged Elevations - Building B Pradeep Gandhi 10/22/2018 A.332018_3 DESIGN REVIEW SET 5/25/2018 - DESIGN REVIEW SET Architect: Envisuality Group, Inc. Hayes Shair 41868 Osgood Rd Fremont,CA, 94539 (310) 869-1469 General Contractor: Gonzalez Construction Gabriel Gonzalez 20 Linden Ave South San Francisco, CA 94080 (650) 866-0095 Civil Engineer: BKF Engineers Mike O'Connell 150 California Street, Suite 600, San Francisco, CA 94111 (415) 930-7905 Landscape Architect: April Philips April Philips Design Works, Inc. 819 Fifth Avenue San Rafael, CA 94901 (415) 457-2774 APPROVAL STAMP 8/08/2018 - DESIGN REVIEW SET CYC2 9/28/2018 - REVISION 1 34'-2 1/2"BLDG B HEIGHT15'-0" WHITE STUCCO, SAND FLOAT EXPOSED STEEL COLUMNS SINGLE-MEMBRANE ROOFING WHITE STUCCO, SAND FLOAT NATURAL STAINED WOOD SIDING BEIGE STUCCO STEEL GUARDRAIL, SEE LANDSCAPE DWGS STEEL SUNSHADE W/ STAINLESS STEEL LETTERING MODERN EXTERIOR SCONCE ACCENTED ENTRY DOORS 1/2"12" AVG ELEV OF HP & LP ACROSS BLDG B = +95.39 HALF DISTANCE BETWEEN PLATE & HP OF ROOF +96.49' 0 Ground Floor +106.53' 1 2nd Floor +116.57' 2 3rd Floor +125.57' 3 Roof Level 5'-0" 12'-5 1/2"5'-0" 3'-0" 10'-11 1/2" 8'-0" 4'-5" SINGLE-PLY ROOFING , GREY TPO OR EQ NATURAL STAINED WOOD SIDING DOWNSPOUTS BEIGE STUCCO WHITE STUCCO, SAND FLOAT NATURAL STAINED GARAGE DOORS COVERED CARPORT 1 1 - BLDG B - Left Side Elevation 2 - BLDG B - Rear Elevation GSPublisherVersion 0.0.100.100 Revision: Date: By: Owner: Issue: Project: Project Address: Drawing Number: Drawing Title: Date: Drawn By: HS Job Number: Scale: Stamp: Baden Ave Condos 645 Baden Ave South San Francisco, CA, 94080 Typical Building Sections Pradeep Gandhi 10/22/2018 A.402018_3 DESIGN REVIEW SET 5/25/2018 - DESIGN REVIEW SET Architect: Envisuality Group, Inc. Hayes Shair 41868 Osgood Rd Fremont,CA, 94539 (310) 869-1469 General Contractor: Gonzalez Construction Gabriel Gonzalez 20 Linden Ave South San Francisco, CA 94080 (650) 866-0095 Civil Engineer: BKF Engineers Mike O'Connell 150 California Street, Suite 600, San Francisco, CA 94111 (415) 930-7905 Landscape Architect: April Philips April Philips Design Works, Inc. 819 Fifth Avenue San Rafael, CA 94901 (415) 457-2774 APPROVAL STAMP 8/08/2018 - DESIGN REVIEW SET CYC2 9/28/2018 - REVISION 1 8'-0" 5'-0" 1 - Longitudinal Section 2 - Cross Section 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345*LIMIT OF WORKPROPERTY LINEPROPERTY LINE RUNS ALONGPERIMETER FENCEBADEN AVE2ND AVEEXISTING SIDE WALKCOMMON OPEN SPACEPRIVATEPATIOPLAY AREAPRIVATEPATIOCOMMONOPEN SPACE2A/3L1.22BL1.22CL1.22AL1.2ADJACENTBLDGADJACENTBLDGADJACENTBLDG2BL1.2UNITSPARKING COURTASPHALT, SCD.ASPHALT DRIVEWAY UNITSNOTE: GAS LINE IS SHOWN SCHEMATICALLY.VERIFY IN FIELD. TREES MAY NEED TO SHIFTFOR UTILITY CLEARANCES.CONCRETE PAVINGCONCRETE WALLCONCRETE PAVINGPERVIOUS CONCRETEPAVERS (VEHICULAR)CONCRETE CURB,SCD.6' PERIMETER FENCEON RETAINING WALLCONCRETE PAVERSTREE IN POTLOW FENCE AND GATE"NO MOW" NATIVE RED FESCUEPERVIOUS CONCRETEPAVERS FOR PARKINGSPACES (VEHICULAR)PERVIOUS CONCRETEPAVERS (VEHICULAR)UMBRELLA WITH PATIOTABLE AND CHAIRSOUTDOOR DININGTABLE WITH CHAIRSCHAISE LOUNGEPERVIOUS CONCRETEPAVERS (VEHICULAR)TRASH RECEPTACLEAND ENCLOSUREPICNIC TABLE WITH BENCHESCHILDREN'S PLAY FEATURERAILING OR FENCE FORPRIVACY AND SAFETYCONCRETE WALLWITH LOW FENCECONCRETE WALLWITH RAILINGSPERVIOUS CONCRETEPAVERS (PEDESTRIAN)CONCRETE PAVING(PEDESTRIAN)PERVIOUS CONCRETEPAVERS (PEDESTRIAN)VEHICULAR OUTDOORCIRCULAR CONVEXMIRROR6' PERIMETER FENCEON RETAINING WALLCONCRETE BAND, TYP.TRASH RECEPTACLESAND ENCLOSURE1.5' PLANTING POTCOFFEE TABLE ANDCHAIRSHANDRAILSMATERIALS LEGENDSYMBOLDESCRIPTIONNOTESCONCRETE PAVINGSCORED CONCRETE PAVING PER CITY STANDARD; SEE PLAN FORSCORINGPERVIOUS CONCRETE PAVERS(PEDESTRIAN)CONCRETE PAVERS ON 2" SAND BEDPERVIOUS CONCRETE PAVERS(VEHICULAR)CONCRETE PAVERS ON 2" SAND BEDCONCRETE BAND6" CONCRETE BAND; NATURAL COLOR; BROOM FINISHCONCRETE WALLCAST IN PLACE CONCRETE WALL; COLOR TBD; SMOOTH FINISHPERIMETER FENCE ON RETAININGWALLFSC CERTIFIED WOOD SPECIES; OVERALL HEIGHT OF WALL ANDFENCE: 6'LOW FENCE AND GATEFSC CERTIFIED WOOD SPECIES; 3' HIGHHANDRAILCABLE, STEEL, AND WOOD HANDRAILPLANTING LEGENDSYMBOL BOTANICAL NAME COMMON NAMEQUANTITYSIZEWUCOLSTREES MELALEUCA QUINQUENERVIAPAPERBARK MELALEUCA424" BOXLOW ARCTOSTAPHYLOS 'DR HURD'MANZANITA TREE224" BOXLOWSHRUBS ESCHSCHOLZIA SSP. MARITIMACALIFORNIA POPPY2281 GALLOW ACHILLEA MILLEFOLIUM ' SONOMA COAST'YARROW651 GALLOW ANIGOZANTHOS ' GOLD BUSH'KANGAROO PAW451 GALLOW LOMANDRA LONGIFOLIA 'BREEZE'DWARF MAT RUSH1411 GALLOW MYRTUS COMMUNIS 'COMPACTA'DWARF MYRTLE245 GALLOW CEANOTHUS 'SKYLARK'CALIFORNIA LILAC25 GALLOWGROUNDCOVERS` FESTUCA RUBRA 'MOLATE'NATIVE RED FESCUE198 SQ FTROLLLOW ARCTOSTAPHYLOS EDMUNDSII 'BERT JOHNSON'LITTLE SUR MANZANITA35 GALLOWAMENITIES LEGENDSYMBOLDESCRIPTIONCHAISE LOUNGEOUTDOOR DINING TABLEWITH CHAIRSPICNIC TABLEWITH BENCHESUMBRELLA WITH PATIOTABLE AND CHAIRS1.5' PLANTING POT3' TREE POTCHILDREN'S PLAY FEATURECOFFEE TABLE AND CHAIRSTRASH RECEPTACLE*Scale:Checked by:Drawn by:Project Number:Date:645 BADEN AVE SOUTH SAN FRANCISCO, CA 94080Date:09/28/201817dw284EMAP/JMAs Noted08/08/2018Issue:PLANNING SUBMISSION CLIENT:SET CYC 209/28/2018REVISION 1 LANDSCAPEPRELIMINARYPLANTING &MATERIALS PLANL1.1GENERAL NOTES:1.DESIGN SHALL MEET ALL APPLICABLE STATE AND LOCAL CODES.2.THIS PROJECT WILL BE REQUIRED TO COMPLY WITH THE STANDARDS DESCRIBED IN 'MODEL WATER EFFICIENT LANDSCAPE ORDINANCE 2015'.3.SEE CIVIL PLANS FOR GRADES, STORMWATER MANAGEMENT, DEMOLITION, EXISTING TREES TO BE REMOVED, AND ADA PATH OF TRAVEL.4.LIGHTING TO BE LOW LEVEL AND DARK SKY COMPLIANT.5.VERIFY EXISTING SITE INFORMATION, INCLUDING GRADES, UTILITIES, PROPERTY LINES, SETBACKS, EASEMENTS, LIMITS OF ROADWAYS, CURBS AND GUTTERS.6.PER CITY OF SOUTH SAN FRANCISCO, A "CERTIFICATION OF INSTALLATION" FORM WILL BE SUBMITTED TO THE PLANNING DIVISION AFTER COMPLETION OFLANDSCAPE INSTALLATION.PLANTING & WATER USE NOTES:1.ALL PLANT GROUPS ARE LAID OUT BY WATER ZONES DEPENDING ON WATER NEEDS. ALL PLANTING IS TO BE WATERED BY DRIP, BUBBLERS OR SUB-SURFACEIRRIGATION.2.THE PROJECT SHALL UTILIZE A DRIP IRRIGATION SYSTEM. CONNECT TO WEATHER BASED CONTROLLER AND BACKFLOW PREVENTOR. COORDINATE WITH CLIENTREPRESENTATIVE.3.ALLOW ONE VALVE MINIMUM PER HYDRO ZONE IN EACH PLANTER.4.ALL GROUNDCOVER PLANTING AREAS ARE EXPECTED TO UNIFORMLY COVER THE PLANTING AREA IN TWO (2) YEARS. ALL SHRUB PLANTING AREAS AREEXPECTED TO UNIFORMLY COVER THE PLANTING AREA IN FIVE (5) YEARS.5.ALL NEW PLANTING AREAS SHALL HAVE A MINIMUM OF 3" DEPTH LAYER OF ORGANIC COMPOST MULCH APPLIED.6.A SOIL ANALYSIS SHOULD BE PERFORMED DETERMINING THE SOIL TEXTURE, ORGANIC MATTER, ESSENTIAL NUTRIENTS, SOIL INFILTRATION RATE, MEASURE OFPH AND TOTAL SOLUBLE SALTS. ALL AMENDMENT RECOMMENDATIONS SHALL BE ORGANIC AND NON-SYNTHETIC AND BASED ON RECYCLED WATER USE. TOPSOIL SHALL BE STOCKPILED ON SITE AS SPACE ALLOWS.7.THE MATURE HEIGHT OF ALL SHRUBBERY SHALL BE NO HIGHER THAN TWO FEET, IF SO, IT SHALL BE MAINTAINED AT A MAXIMUM HEIGHT OF TWO FEET, AND TREECANOPIES SHALL BE NOT LOWER THAN SIX FEET ABOVE GRADE.SCALE: 1/8" = 1'- 0"04'8'16'AMENITY NOTES:AMENITIES SHOWN ON PLAN AND ON SHEET L1.1ARE PART OF THE TENANT PROGRAMMINGOPTION "KIT OF PARTS" FOR OUTDOOR SPACES.FINAL SELECTIONS AND LOCATIONS TO BECOORDINATED AND SELECTED WITH OWNER.LANDSCAPE NARRATIVE:THE PROPOSED LANDSCAPE DESIGN FOR THE PROPERTY PROVIDES STREET TREES, SOFTENING OF THE ARCHITECTURE, AND COMMON OUTDOOR SPACE FORRESIDENTS. SUSTAINABILITY IS ADDRESSED BY: USING CALIFORNIA NATIVE AND ADAPTIVE PLANTS WITH LOW WATER REQUIREMENTS TO INCREASE WATERCONSERVATION, INCORPORATION OF ORGANIC COMPOST AND MULCH TO IMPROVE THE SOIL HEALTH AND PLANT VITALITY, USING PERVIOUS PAVING FOR WATERSHEDREPLENISHMENT, AND THE ADDITION OF STREET TREES FOR SHADE CANOPY TO REDUCE THE HEAT ISLAND EFFECT. FOR THE COMMON OPEN SPACES THAT SERVE ALLOF THE TENANTS WE HAVE PROPOSED AN AMENITY "KIT OF PARTS" THAT CAN BE RE-ARRANGING AND RE-COMBINED IN A VARIETY OF WAYS TO REFLECT THE NEEDS OFTHE FUTURE RESIDENTS. THESE INCLUDE ELEMENTS FOR DINING, RELAXING, AND PLAY WHICH, ALONG WITH THE PROPOSED MATERIALS OF THE FENCES, PAVING, ANDWALLS HAVE BEEN SELECTED TO HARMONIZE WITH THE MODERN AESTHETIC OF THE ARCHITECTURE.11 Scale:Checked by:Drawn by:Project Number:Date:645 BADEN AVE SOUTH SAN FRANCISCO, CA 94080Date:09/28/201817dw284EMAP/JMAs Noted08/08/2018Issue:PLANNING SUBMISSION CLIENT:SET CYC 209/28/2018REVISION 1 PERVIOUS CONCRETE PAVERS- PEDESTRIAN & VEHICULARNTS1FENCE AND WALL TYPOLOGIESNTS2HANDRAIL/ GUARDRAIL OPTIONNTS3UMBRELLA WITH PATIO TABLE & CHAIRSNTS4CHILDREN'S PLAY FEATURE AMENITY OPTIONSNTS5OUTDOOR DINING TABLE WITH CHAIRS AMENITY OPTIONSNTS6PICNIC TABLE WITH BENCHES AMENITY OPTIONNTS7LOUNGE CHAIR AND SIDE TABLE AMENITY OPTIONNTS9CHAISE LOUNGE AMENITY OPTIONNTS8PEDESTRIAN STEPSTONE NARROWMODULAR PAVERLOLL PICNIC TABLE, BENCHES AND CHAIRSMAGLIN CHAISE LOUNGERESTORATION HARDWARE TABLE AND CHAIRMODERNICA CHAIR AND SIDE TABLEJANUS ET CIE CHAIR AND SIDE TABLEVEHICULAR PAVERCONCRETE WALL WITHLOW FENCE AND GATE(BADEN AVE)PERIMETER FENCE ONRETAINING WALL ALONGWESTERN + EASTERNPROPERTY LINE. FENCEPORTION IS 6' HIGH.MAINTAIN TOP OFRETAINING WALL LEVEL.SEE GRADING PLAN FORBOTTOM OF RETAININGWALL GRADE.LOW FENCE (2ND AVE)ABCLANDSCAPE FORMS TABLE AND CHAIRS WITH TUCCIUMBRELLACABLE, STEEL AND WOODCLIMABLEWOODEN PLAY STRUCTURESANDBOXSLIDEPRELIMINARYLANDSCAPEMATERIALSIMAGERYL1.26'VARIES; SCD Baden Condos @ 645 Baden Ave - Project Description Property Description and History: The property is a 10,500 SF parcel that is bounded by Baden Ave (north) and 2nd Lane (south). The parcel is a through-lot that spans the entire depth between Baden Ave and 2nd lane (with dimensions that measures 75 feet wide by 140 feet deep.) There is currently a single-family residence of 930 SF which is in extremely deteriorated condition. The Zoning is Downtown Residential Medium Density (DRM), and the site is within walking distance of the Grand Ave Downtown area and conveniently located close to transit. The property is located at a midway point between the South San Francisco BART station (1.5 miles to the west) and the Caltrans Station (1.5 miles to the east). The surrounding neighborhood is comprised of a combination of single-family, two-storey multi-family, and three storey multifamily buildings. There does not seem to be a consistent architectural style, character, height, or massing. Project Description: The Project proposes a residential community consisting of eight (8) attached multi-family dwelling units, configured as two (2) standalone 4-plexes. While the underlying zoning allows for a density of 6 Total Units / Acre, the project proposes an increases of two (2) additional units under the State Density Bonus Law, at a moderate affordability level (110% AMI) or 33% of the total units project-wide. The Project will far exceed the minimum required affordable housing requirement, while offering home ownership opportunities tailored towards the “missing middle” that is crucially missing during the current housing crisis. Each unit will be suitable for families, having a minimum of 3-bedrooms each, and ranging from 1,054 SF to 1,605 SF. The Affordable Units will all be built to the same level of amenities and located to be virtually indistinguishable from the Market Rate Units. The building will conform with nearly ALL zoning regulations of the DRM district, including height, setbacks, F.A.R., open space, and parking (with a few exceptions noted below). The project proposes a contemporary design vernacular with a large emphasis on traditional wood materials to highlight a warm, residential feel. As a salute and recognition of South San Francisco's history with iron works, we have also elected to underscore a few items with iron, including railings, sunshades, and wall sconces. Additionally, the building incorporates features designed to minimize bulk, and improve owner experience including: Recessed Third Floor at Front Elevations to be utilized as open space. Lowered Ground Level at Baden Ave to minimize height. Open Floor Plan to promote family get-togethers in and around the kitchen and dining area and family room. Commercial-grade windows and High-end exterior finishes. Contemporary site details and furnishings. EXHIBIT C The design journey has been a collaborative process with City Planning Staff and the Design Review Board. Upon Staff recommendations, we did explore the possibility of a more traditional architecture with hip and gable roof, but the resulting design began to look very bulky and massive. Ultimately, all parties agreed that the original contemporary language achieved a sleeker, more elegant street presence, while providing comfortable, modern living spaces for each family. The project will be entirely condo-mapped, with common areas maintained by an HOA. Neighborhood Compatibility: As a project team, whenever we approach an infill site with a recently adopted specific plan, the issue of neighborhood compatibility becomes the most important consideration driving nearly all of our design decisions. While the zoning establishes basic objective parameters for the building design, much that constitutes “compatibility” is oftentimes subjective in nature. In order to begin addressing concerns regarding neighborhood compatibility, the project team conducted a thorough neighborhood analysis to identify any unifying elements that could inform the design process. The area surveyed consisted of a 21-block rectangular area bounded by Grand Avenue to the North, Railroad Ave to the South, Orange Ave to the West, and Maple Ave to the East. We discovered that the building types consisted of an amalgamation of single-story detached homes, two-storey detached homes, two-storey apartment flats, three-storey apartment flats, and three storey multifamily complexes. There did not appear to be any consistency with regards to variation of height, building type, or architectural style. The architectural styles present in the neighborhood include Craftsman, Victorian, Bungalow, Mediterranean, and Contemporary. Of the three-storey structures surveyed, a few common traits emerged:  A majority featured Garage Doors directly facing Public Street on Ground Floor, with two living levels above. o Because of this type of configuration, there are almost no street trees because of the width of the driveway aprons. o Larger multifamily complexes were able to gang their garages or do partially underground parking, and thus were able to have more vegetated frontages.  Most buildings included some form of terrace or balcony on the main street façade.  Most buildings had no massing articulation on the main street façade, and instead relied on material or color changes, fenestration detailing, bay windows, mansard roofs, dormers, cornice & mouldings, and parapet walls to create visual interest.  The materials include painted lap siding, painted stucco, wood shingle, field stone, and vertical clapboard siding. The primary color palette consists of pastel, earth tones, with a few isolated examples in a brighter accent color (blue, green, salmon.) We also found many examples of three-storey structures adjacent to two storey or one-storey structures.  The height differential was mitigated through use of flat or low-sloped roofs on the three-storey structures.  Garages were sunken where natural grading allows.  Many of the lower buildings also had steep roof pitches (with attic spaces behind) and raised ground floors, where ground floor living existed. In taking these factors into account, the following measures are integrated into the building design to create a more harmonious relationship with the surrounding neighborhood.  Garages are configured to be facing away from the street to create a more lively, pedestrian- oriented façade.  The Ground Level Finished Floor is sunken below the sidewalk level to reduce visible building height.  The Third Floor is substantially recessed to minimize bulk.  A combination of parapet wall and open railing creates visual interest and a greater sense of transparency.  Split Shed Roofs create vertical articulation along the eave line.  Use of warm, exposed accent wood on façade and in landscaping fencing elements brings in a residential character. The remaining walls uses a fine-float stucco finish, which is consistent with the materials found around the neighborhood.  Drought resistant landscaping and large maturity street trees will provide additional screening and shading along the project frontage. Minor Use Permit: The project will be requesting a minor conditional use permit to allow for front yard fences in excess of 3’, per SSFMC 20.300.005. The current design proposes an open-slatted privacy screen fencing measuring 3’-6” (42”), sitting on top of a +/-3’ concrete retaining wall. We believe this allows us to achieve a superior design product for the following reasons: 1. It allows the Ground Level along Baden to be sunken below the sidewalk level, which lowers the overall building height. 2. The visible portion from the street will be only 3’-6”, and designed with superior materials and craftsmanship. 3. Much of this fence will be screened with vegetation – the plant strip will have a shrub species with a maturity of 2’-3’. 4. The Privacy Screen Fencing also doubles as a guardrail for fall protection. Design Concessions per the State Bonus Law: As the Project is proposing 33% of moderate income affordable housing, it qualifies for three Concession from Zoning Ordinances, which we propose to utilize as follows: 1. Reduced Dimensional Standards for Parking Stalls – The parking stall size for new garages is 10’ x 20’ clear per vehicle. The smallest new parking stall will have a minimum clearance of 8’-6” x 18’-0” deep. 2. Reduced Third-Story Side-yard Setback - The zoning standard is a 10’ third-story side-yard setback, and we propose a reduction to 5’ for approx. half of the building elevation. This upper story reduction occurs away from the street frontage, behind any existing homes, and allows an additional bedroom for the affordable units. 3. Front Doors Facing Public Streets - All Front Doors face public streets, with the exception of two side-entry units. Using a side-entry allows the entrances to be ramped and located along an accessible route of travel per California Building Code requirements. Summary: The project is the result of an extensive collaborative effort between the Development Team, Planning Staff, and neighborhood residents. The program and intensity of development is precisely the type of project envisioned as part of the Downtown Station Area Specific Plan. We are proposing to replace a deteriorating, underutilized parcel with a building for contemporary living constructed to the latest standards of quality and sustainability. Affordable homeownership deepens social ties and promotes investment into the community, and it is our hope that the project will be a catalytic force for positive growth. We thank you for considering our proposal. ENVISUALITY GROUP, INC. | 41868 OSGOOD RD, FREMONT CA| 310.869.1469 | HAYES@ENVISUALITYGROUP.COM Page 1 of 3 TO Nell Selander City of South San Francisco 400 Grande Ave, South San Francisco, CA 94080 650-829-6620 DATE: SEPTEMBER 26, 2018 AFFORDABLE HOUSING PROPOSAL – 645 Baden Condos Project Description: The site is a rectangular through-lot with frontages on both Baden Avenue and 2nd Lane. The total Project proposes a total of eight (8) attached multi-family dwelling units, configured as two (2) standalone 4-plexes. A single directional access road will provide vehicular access to a central garage aisle. The Total acreage of combined lots is 10,500 SF (0.24 AC). The underlying zoning allows for a density of 6 Total Units / AC. Under the State Density Bonus allowance, the project proposes the increases of two (2) additional units, at a moderate affordability level (110% AMI) or 33% of the total units project-wide. Each affordable unit will also be mapped with a dedicated parking space. Affordable Housing Plan 1.Description of affordable units a.Number Two (2) Total Units b.Affordability Level Moderate Income (110% AMI) c.Unit Type Condominium d.Tenure For Sale Multi-Family e.Number of Bedrooms 3 Bedrooms (4-person Household) f.Location( of Lot within Subdivision) Unit A2 & Unit B1 per Plans g.Size 1,147SF / 1,054 SF h.Description: i.Unit A2 is a front facing unit accessed off of Baden Ave with primary living levels on the 2nd and 3rd Floors. It has access to a large private terrace on the third floor overlooking Baden Ave. ii.Unit B1 is a side-entry unit accessed off of 2nd Lane, located along a fully accessible path of travel. Primary bedrooms are located on the Ground Floor, with an open Living / Kitchen / Dining loft on the 2nd Floor. EXHIBIT D ENVISUALITY GROUP, INC. | 41868 OSGOOD RD, FREMONT CA| 310.869.1469 | HAYES@ENVISUALITYGROUP.COM Page 2 of 3 2. Construction Schedule a. The units will be constructed entirely in one phase. 3. Provisions for income certification and screening of potential purchasers of units. a. Resale control mechanisms i. Prior to issuance of Certificate of Occupancy, Owner will record a deed restriction with the County of San Mateo, for a period of Thirty (30) years, guaranteeing that the subject units will be affordable to moderate-income buyers at 110% AMI. This deed restriction will run with the land. b. Ongoing monitoring and management i. Potential Purchasers of unit will provide two years of qualified tax returns or wage reports demonstrating they meet the thresholds of the subject units. 4. Additional Incentives Requested a. Interior Design i. Unit will be finished out with a equivalent level of finishes and amenities to the market rate units. b. State Density Bonus Concessions (3 Total Allowed) i. Parking Standards Modification – to allow for minor variations width and depth of legal parking stalls. ii. Third Floor Setback Reduction – to allow the reduction of third floor setback from 10’ to 5’ for a portion of the building. iii. Side Entry Configuration – to allow for side-entry units Best wishes, Hayes Shair, AIA, LEED GA Attachment: Exhibit A – Exhibit A – Sample Affordable Housing Pricing Assumptions ENVISUALITY GROUP, INC. | 41868 OSGOOD RD, FREMONT CA| 310.869.1469 | HAYES@ENVISUALITYGROUP.COM Page 3 of 3 Exhibit A – Sample Affordable Housing Pricing Assumptions The following is provided as an example of the assumptions used to calculate maximum sales price of an affordable unit, as defined in this agreement. Final sales price shall be established by actual data taken at the time of sale. AMI = Area Medium Income1 Income Assumptions Low Income Moderate Income Eligibility up to 80% AMI Eligibility up to 120% AMI Pricing at 70% AMI Pricing at 110% AMI e.g. If the AMI for a 4-person household were $100,000, a Moderate Income buyer can earn up to $120,000 to be deemed eligible. The unit will be priced such to be affordable to buyers earning up to $110,000. Expense Assumptions Low Income Moderate Income 30% Monthly Housing Expense 35% Monthly Housing Expense $200 HOA dues $200 HOA dues $50 / $60 / $79 / $100 (Stud/1-BR/2-BR/3-BR) $50 / $60 / $79 / $100 (Stud/1-BR/2-BR/3-BR) $45 Hazard Insurance $45 Hazard Insurance Financing Assumptions Low Income Moderate Income 10% Down payment 10% Down payment 4.5% Interest rate2 4.5% Interest rate22 above 360 Month (Fixed) 360 Month (Fixed) 1.2% Property Tax (on Deed Restricted Price) 1.2% Property Tax (on Deed Restricted Price) 0.3% PMI rate 0.3% PMI rate Maximum Sales Price Low Income Moderate Income Studio $199,800 Studio $408,800 1 Bedroom $233,800 1 Bedroom $472,500 2 Bedroom $266,400 2 Bedroom $534,900 3 Bedroom $298,600 3 Bedroom $597,000 e.g. With the above Expense and Financing Assumptions, the price for a 1 Bedroom unit is considered affordable to a Low Income Buyer if it is priced at or below $233,800. 1 2018 San Mateo County AMIs, as published by the State. 2 Fifteen-year average of the Fannie Mae 30-year mortgage interest rate. Using a fifteen-year average buffers buyers and sellers during atypical years where interest rates have swung to either end of the spectrum. ABBREVIATIONS SYMBOL LEGEND ENGINEER'S STATEMENT PROJECT SUMMARY LEGEND VICINITY MAP LOCATION MAP ONE LOT SUBDIVISION FOR FOR CONDOMINIUM PURPOSES CITY OF SOUTH SAN FRANCISCO, CALIFORNIA 645 BADEN AVENUE - VESTING TENTATIVE PARCEL MAP NO. SA18-0003 6 PROJECT SCOPE LOT SUMMARY NOTES BENCHMARK BASIS OF BEARINGS SHEET INDEX EXHIBIT E Know what's below. before you dig.Call R NOTE: * 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345 * 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345COMMON AREA 616.8 SF EXCLUSIVE USE COMMON SPACE 170.5 SF COMMON AREA 362.6 SF EXCLUSIVE USE COMMON SPACE 145.3 SF PLANTING LEGEND SYMBOL BOTANICAL NAME COMMON NAME QUANTITY SIZE WUCOLS TREES MELALEUCA QUINQUENERVIA PAPERBARK MELALEUCA 4 24" BOX LOW ARCTOSTAPHYLOS 'DR HURD'MANZANITA TREE 2 24" BOX LOW SHRUBS ESCHSCHOLZIA SSP. MARITIMA CALIFORNIA POPPY 228 1 GAL LOW ACHILLEA MILLEFOLIUM ' SONOMA COAST'YARROW 65 1 GAL LOW ANIGOZANTHOS ' GOLD BUSH'KANGAROO PAW 45 1 GAL LOW LOMANDRA LONGIFOLIA 'BREEZE'DWARF MAT RUSH 141 1 GAL LOW MYRTUS COMMUNIS 'COMPACTA'DWARF MYRTLE 24 5 GAL LOW CEANOTHUS 'SKYLARK'CALIFORNIA LILAC 2 5 GAL LOW GROUNDCOVERS ` FESTUCA RUBRA 'MOLATE'NATIVE RED FESCUE 198 SQ FT ROLL LOW ARCTOSTAPHYLOS EDMUNDSII 'BERT JOHNSON'LITTLE SUR MANZANITA 3 5 GAL LOW HATCH LEGEND BADEN STREET CROSS SECTION 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"123454 GP4 GP3 GP2 3 2 1 D1 CP1 CP5 8 GP8 GP7 GP6 7 6 5 D5 4 3 2 1 8 7 6 5 4 3 2 D4 D4 D4 D3 D2 8 7 6 D8 D8 D8 D7 D6 8 * 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345GRADING LEGEND GRADING NOTES 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345LEGEND * 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345UTILITY NOTES: LEGEND ISOMETRIC * 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 17 x 7" = 10'-1/2"1234567891011121314151617 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345 18 x 6 1/2" = 10'-1/2"12345NOTES: RECORDING REQUESTED BY: AND WHEN RECORDED, MAIL TO: INMAN LAW GROUP, LLP Bruce R. Inman, Esq. 3053 Freeport Blvd. #309 Sacramento, California 95818 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BADEN CONDOS If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, genetic information, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. EXHIBIT F TABLE OF CONTENTS TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BADEN CONDOS Page Number RECITALS .........................................................................1 ARTICLE 1 DEFINITIONS ...................................................2 1.1 Definitions, Generally ...............................................2 1.2 Absolute Majority ..................................................2 1.3 Additional Charges .................................................2 1.4 Assessment .......................................................2 1.5 Association.......................................................2 1.6 Board ...........................................................2 1.7 Bylaws ..........................................................2 1.8 City ............................................................2 1.9 Common Area ....................................................3 1.10 Condominium.....................................................3 1.11 Condominium Plan .................................................3 1.12 County ..........................................................3 1.13 Declarant ........................................................3 1.14 Declaration .......................................................4 1.15 Declaration of Annexation............................................4 1.16 Development .....................................................4 1.17 Director .........................................................4 1.18 Exclusive Use Common Area .........................................4 1.19 Governing Documents ..............................................4 1.20 Improvement .....................................................4 1.21 Member .........................................................4 1.22 Member in Good Standing ...........................................4 1.23 Mortgage ........................................................4 1.24 Owner ..........................................................4 1.25 Record; Recordation; Filed ...........................................5 1.26 Resident .........................................................5 1.27 Rules ...........................................................5 1.28 Simple Majority ...................................................5 1.29 Subdivision Map ...................................................5 1.30 Supplemental Declaration ............................................5 1.31 Total Voting Power.................................................5 1.32 Unit ............................................................5 Baden Condos Inman Law Group, LLP - i -1/22/19 v3 ARTICLE 2 HOMEOWNERS ASSOCIATION ...................................6 2.1 Management and Operation...........................................6 2.2 Membership ......................................................6 2.3 Voting ..........................................................6 2.4 Board ...........................................................7 2.5 Association Rules ..................................................7 2.6 Manager and Other Personnel .........................................7 2.7 Capital Improvements ...............................................7 2.8 Sale or Transfer of Association Property .................................7 2.9 Transfer or Dedication of Common Area to Public Agency or Utility. ........... 7 2.10 Borrow Money. ...................................................7 2.11 Mortgage of Association Property. .....................................7 2.12 Mergers and Consolidations. ..........................................8 2.13 Dissolution.......................................................8 2.14 Limitation of Liability...............................................8 ARTICLE 3 COMMON AREA ................................................8 3.1 Ownership of Common Area..........................................8 3.2 Condominium Ownership. ...........................................8 3.3 Owners Non-Exclusive Easements of Enjoyment. ..........................9 3.4 Assignment of Rights of Use. ........................................10 3.5 Common Area Construction..........................................10 3.6 Mechanic's Liens .................................................10 3.7 Enforcement of Bonded Obligations ...................................10 ARTICLE 4 USE RESTRICTIONS ............................................11 4.1 Residential Use. .................................................11 4.2 Restriction on Businesses. ..........................................11 4.3 Offensive Conduct, Nuisances, Noise. .................................11 4.4 Use of the Common Area ...........................................12 4.5 Sports Apparatus. .................................................12 4.6 Window Coverings. ...............................................12 4.7 Signs ..........................................................12 4.8 Antennas .......................................................12 4.9 Trash Disposal ...................................................13 4.10 Vehicles and Parking...............................................13 4.11 Garages and Carports. .............................................15 4.12 Compliance with Laws. ............................................15 4.13 Exterior Fires. ...................................................15 4.14 Animals.........................................................15 4.15 Rental of Condominiums. ..........................................16 4.16 Outside Drying and Laundering. .....................................17 4.17 Storage and Other Restrictions for Decks ...............................17 4.18 Smoking. ......................................................17 4.19 Exterior Lighting. ................................................17 4.20 Mailboxes and Exterior Newspaper Tubes. ..............................17 4.21 Activities Affecting Insurance. .......................................17 4.22 No Partition. ....................................................18 4.23 Family Day Care Centers. ..........................................18 Baden Condos Inman Law Group, LLP - ii -1/22/19 v3 4.24 Community Care Facilities. .........................................18 4.25 Variances. ......................................................19 ARTICLE 5 ALTERATIONS TO UNITS AND DISCLOSURES .....................19 5.1 Approval by Board. ...............................................19 5.2 Sound Attenuation. ...............................................19 5.3 Airport. ........................................................20 5.4 Landscape Plans and Construction of Improvements ........................20 ARTICLE 6 ASSESSMENTS AND LIENS ......................................21 6.1 Covenant of Owner ................................................21 6.2 Creation of Lien ..................................................22 6.3 Purpose of Assessments ............................................22 6.4 Authority of the Board .............................................22 6.5 Regular Assessment ...............................................22 6.6 Special Assessments ...............................................24 6.7 Reimbursement Assessments .........................................24 6.8 Enforcement Assessments ...........................................24 6.9 Failure to Fix Assessments ..........................................25 6.10 Offsets .........................................................25 6.11 Delinquent Assessments ............................................25 6.12 Assessment Liens .................................................25 6.13 Foreclosure of Association Assessment Liens.............................29 6.14 Priority .........................................................30 6.15 Association Funds.................................................31 6.16 Waiver of Exemptions..............................................31 6.17 Trustee's Deed Upon Sale. ..........................................31 ARTICLE 7 MAINTENANCE OF PROPERTY ..................................31 7.1 Association Maintenance Responsibility ................................31 7.2 Authority for Entry of Unit or Exclusive Use Common Area..................32 7.3 Association Liability ...............................................32 7.4 Owner Maintenance Responsibility ....................................32 7.5 Interior Decorations ...............................................33 7.6 Board Discretion ..................................................33 7.7 Wood Destroying Pests and Organisms .................................33 7.8 Mold Contamination ...............................................34 7.9 Owner Liability ..................................................35 7.10 Cooperative Maintenance Obligations ..................................35 7.11 Owner Responsibility for Consequential Damage ..........................35 7.12 Inspections ......................................................35 ARTICLE 8 INSURANCE ...................................................36 8.1 Types of Insurance Coverage .........................................36 8.2 Board Authority to Alter Coverage ....................................38 8.3 Copies of Policies .................................................38 8.4 Individual Owner's Property Insurance ..................................38 8.5 Trustee .........................................................38 8.6 Adjustment of Losses ..............................................38 Baden Condos Inman Law Group, LLP - iii -1/22/19 v3 8.7 Governmental Lender Requirements ...................................38 ARTICLE 9 EASEMENTS ...................................................38 9.1 Easements in General ..............................................38 9.2 Utility Easements .................................................39 9.3 Easements Granted by Board. .......................................39 9.4 General Association Easements for Maintenance, Repair and Replacement. ..... 39 9.5 Utility Maintenance and Repair Easements. .............................39 9.6 Encroachment Easements. ..........................................40 9.7 Easements Reserved and Granted. ....................................40 ARTICLE 10 ENFORCEMENT ...............................................40 10.1 Violations as Nuisance .............................................40 10.2 Violation of Law..................................................40 10.3 Owners' Responsibility for Conduct and Damages .........................40 10.4 No Avoidance....................................................40 10.5 Rights and Remedies of the Association .................................40 10.6 Disciplinary Rules.................................................42 10.7 Emergency Situations ..............................................42 10.8 Alternative Dispute Resolution .......................................42 10.9 Non-Waiver .....................................................42 10.10 Notices .........................................................42 10.11 Costs and Attorneys' Fees ...........................................42 10.12 Indemnification ...................................................42 10.13 Rights of the City .................................................43 ARTICLE 11 DAMAGE OR DESTRUCTION AND CONDEMNATION ...............44 11.1 Damage to the Common Area Buildings and Units .........................44 11.2 Condemnation of Common Area ......................................44 11.3 Appraisals ......................................................45 ARTICLE 12 PROTECTION OF MORTGAGEES ................................45 12.1 Amendments Affecting Mortgages ....................................45 12.2 Default by Owner; Mortgagee's Right to Vote ............................45 12.3 Breach; Obligation After Foreclosure ...................................45 12.4 Right to Examine Books and Records of the Association ....................45 12.5 Declaration to Conform With Mortgage Requirements ......................45 12.6 Notices of Mortgagees .............................................46 12.7 FANNIE MAE, FREDDIE MAC, FHA, VA Mortgages ....................46 ARTICLE 13 ANNEXATIONS AND SUPPLEMENTAL DECLARATIONS ............49 13.1 Annexation of Other Property. .......................................49 13.2 Declarations of Annexation ..........................................49 13.3 Supplemental Declarations ..........................................49 ARTICLE 14 DECLARANT'S DEVELOPMENT RIGHT ...........................49 14.1 Declarant's Right to Develop the Development. ..........................49 14.2 Use of Common Area by Declarant. ...................................49 14.3 Amendment of Development Plans. ...................................50 Baden Condos Inman Law Group, LLP - iv -1/22/19 v3 14.4 Disclaimer of Declarant's Representations. ..............................50 14.5 No Amendment or Repeal ...........................................50 ARTICLE 15 AMENDMENT .................................................50 15.1 Amendment Before First Conveyance. .................................50 15.2 Amendment After First Conveyance. ..................................50 15.3 Restatements. ....................................................52 15.4 Department of Real Estate. .........................................52 15.5 Effective Date of Amendment. .......................................52 15.6 Reliance on Amendment. ..........................................52 ARTICLE 16 GENERAL PROVISIONS .........................................52 16.1 Term ..........................................................52 16.2 Severability .....................................................52 16.3 Liberal Construction ...............................................52 16.4 Statutory References ...............................................53 EXHIBIT "A" LEGAL DESCRIPTION OF THE DEVELOPMENT Baden Condos Inman Law Group, LLP - v -1/22/19 v3 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BADEN CONDOS This Declaration of Covenants, Conditions and Restrictions for Baden Condos (the "Declaration") is made by Baden Condos LLC, a Cal ifornia limited liability company (the "Declarant"). RECITALS A.Declarant is the owner of certain real property located in the City of South San Francisco, San Mateo County, California, which is more particularly described in attached Exhibit "A" (the "Development"). B.Declarant hereby declares that all of the Development shall be held, sold and conveyed subject to the following easements, restrictions, associations, reservations, covenants and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Development. These covenants, easements, restrictions, conditions, associations and reservations: (i) create a general plan and scheme for the subdivision development, sale and use of the Development as a "condominium project" as that term is defined in California Civil Code Section 4125; (ii) are for the benefit and protection of the Development and for the protection and enhancement of the desirability, value and attractiveness of all Units and Common Area located therein; (iii) run with the land and Development and bind all parties having or acquiring any right, title or interest in the Development or any part thereof; and (iv) inure to the benefit of the successors and assigns of each Owner of any property within the Development. C.It is the further intention of the Declarant to sell and convey residential Units to Owners, subject to the protective covenants, conditions, restrictions, limitations, reservations, liens, grants of easements, rights, rights of way, charges and equitable servitudes between Declarant and such Owners as set forth in this Declaration. D.All of the real property comprising the Development is held and owned and shal l be held, owned, operated, managed, conveyed, hypothecated, encumbered, leased, used, occupied, and improved subject to the following covenants, conditions, and restrictions, all of which are declared and agreed to be in furtherance of a plan and purpose of protecting, preserving, and enhancing the value, desirability, and attractiveness of the Development and every part thereof, and of fostering the development, management, improvement, enjoyment, and sale of the real property comprising the Development and any part thereof. E.All of the covenants, conditions, and restrictions set forth in this Declaration shall constitute enforceable equitable servitudes as provided in California Civil Code Section 5975, shall constitute covenants that shall run with the land and real property comprising the Development, and shall be binding upon and inure to the benefit of each Owner of any portion of such real property or of any interest therein and their heirs, successor s, and assi gns. F.The Development consists of eight (8) residential Condominium Units and Common Area. Included within each Unit is an individual residence and the Units have exclusive use decks. The Units have decks that are located within the Common Area that are Exclusive Use Common Areas appurtenant to the Unit. The Common Area consists of the building structures containing the Units, private drive, carports and landscaping. Baden Condos Inman Law Group, LLP - 1 -1/22/19 v3 ARTICLE 1 DEFINITIONS 1.1 Definitions, Generally. When the words and phrases described in this Article are used in the Declaration, they will have the meanings set forth in this Article. The singular shall include the plural and the plural the singular unless the context requires the contrary, and the masculine, feminine, and neuter shall each include the masculine, feminine, or neuter, as the context requires. The use of the term "may" in this Declaration indicates discretion or choice, and the use of the term "shall" in this Declaration shall mean imperative, mandatory or imposing an absolute duty. Except as otherwise provided herein, all capitalized terms used i n this Declaration shall have the same meanings as set forth in this Article 1. 1.2 Absolute Majority. "Absolute Majority" shall mean a majority of the Total Voting Power of the Association. The term "Absolute Majority" as used in the Governing Documents shall have the same meaning and shall apply to any situations subj ect to California Civil Code Section 4065. 1.3 Additional Charges. "Additional Charges" shall mean all costs, fees, charges, and expenditures, including without limitation, interest, late charges, attorneys' fees, Recording and filing fees, and all other costs actually incurred by the Association in collecting and/or enforcing payment of Assessments, fines, and/or penalties. 1.4 Assessment. "Assessment" shall mean a charge levied by the Association against an Owner and his or her Condominium as provided in Article 6 of this Declaration. "Assessment" shall include any or all of the following: (a)Regular Assessments. Regular Assessments, which shall have the meaning set forth in Section 6.5 of this Declaration. (b)Enforcement Assessments. Enforcement Assessments, which shall have the meaning set forth in Section 6.8 of this Declaration. (c)Reimbursement Assessments. Reimbursement Assessments, which shall have the meaning set forth in Section 6.7 of this Declaration. (d)Special Assessments. Special Assessments, which shall have the meaning set forth in Section 6.6 of this Declaration. 1.5 Association. "Association" shall mean the Baden Condos Community Associ ation, a California nonprofit mutual benefit corporation, its successor s and assi gns. 1.6 Board. "Board" shall mean the governing body of the Association. 1.7 Bylaws. "Bylaws" shall mean the Bylaws of the Association as they shall be adopted by the Members and any duly-adopted amendments thereof. 1.8 City. "City" shall mean the City of South San Francisco, located in San Mateo County, California, and its various departments, divisions, employees and representatives. Baden Condos Inman Law Group, LLP - 2 -1/22/19 v3 1.9 Common Area. "Common Area" shall mean all of the property comprising the Development, excluding the Units. Within the Development there are three (3) types of Common Area: (a)Association Common Area. "Association Common Area" shall mean the real property more particularly shown on the Condominium Plan, excluding the Condominium Common Area, that includes the private drive, carports and landscaping within the Development. The Association Common Area shall be owned in fee by the Associ ation. As more particularly shown on the Condominium Plan, certain portions of the Association Common Area are Exclusive Use Common Area, as more particularly described in subsection 1.9(c), below. (b)Condominium Common Area. "Condominium Common Area" shall mean the real property to be held in undivided ownership interest within the Condominium project. Each Owner shall have, as appurtenant to the Owner's Unit, an equal undivided 1/8th interest in the Condominium Common Area located above the Owner's Unit. (c)Exclusive Use Common Area. "Exclusive Use Common Area" shall mean any portion of the Association Common Area the use of which is set aside, allocated, assigned, and restricted to the exclusive use or possessi on of the Residents of a particular Unit. Any portion of the Association Common Area assigned to a specific Unit pursuant to California Civil Code Section 4600 shall be deemed Exclusive Use Common Area. Locations of internal wiring designed to serve a Unit are Exclusive Use Common Areas allocated to such Unit. Exclusive Use Common Area appurtenant to a Unit also includes, without limitation, those areas shown on the Condominium Plan as "D_ " followed by the Unit number, which areas may be used as private deck, and "CP_" followed by the Unit number, which areas may be used as a carport. While such Exclusive Use Common Area may be specifically referred to in the individual grant deed conveying a Condominium, the failure of any such deed to make such reference shall not invalidate the exclusive rights set forth in this Declaration. 1.10 Condominium. "Condominium" shall mean an estate in real property as defined in California Civil Code Sections 783 and 4125, consisting of a fee interest in a Unit, an undivided interest in common in the Condominium Common Area, together with any easements or other interests in the Development or any portion thereof as are described in the Declaration, in the Condominium Plan, or in the deed conveying a Condominium. 1.11 Condominium Plan. "Condominium Plan" or "Plan" shall mean a condominium plan, as defined by California Civil Code Section 4285, prepared and Recorded for the Development that sets forth and describes the three-dimensional plan of the Condominium buildings and Units built or to be built within the Development. The Condominium Plan for the Development shall be separately Recorded and referenced to this Declaration by a Supplemental Declaration. 1.12 County. "County" shall mean San Mateo County, California, and its various departments, divisions, employees and representatives. 1.13 Declarant. "Declarant" shall mean Baden Condos LLC, a California limited liability company. The term "Declarant" shall also mean any successor or assign of Declarant, provided a certificate, signed by Declarant and Declarant's successor or assign, is Recorded against the portion of the Development which the successor or assign assumes the rights and duties of Declarant. Baden Condos Inman Law Group, LLP - 3 -1/22/19 v3 1.14 Declaration. "Declaration" shall mean this instrument, as it may be amended from time to time. If any Supplemental Declarations or Declarations of Annexation are approved and Recorded in accordance with Article 13, below, then following such Recordation any reference to this Declaration shall mean this Declaration as amended and supplemented by the Supplemental Declaration(s) and any Declarations of Annexation. 1.15 Declaration of Annexation. "Declaration of Annexation" shall mean a declaration annexing real property to the Development and subjecting the real property described therein to this Declaration, all as more particularly described in Article 13, below. 1.16 Development. "Development" shall mean all of the real property described in (a) Exhibit "A", and (b) any Declaration of Annexation, together with all Improvements now located or hereafter constructed or installed thereon, and al l appurtenances t hereto. 1.17 Director. "Director" shall mean a member of the Board. 1.18 Exclusive Use Common Area. See subsect ion 1.9(c), above. 1.19 Governing Documents. "Governing Documents" shall mean the articles of incorporation, Bylaws, Declaration, Rules, and the policies and resolutions duly adopted by the Board. 1.20 Improvement. "Improvement" shall mean all structures and improvements including without limitation buildings, landscaping, paving, fences, and si gns. 1.21 Member. "Member" shall mean an Owner, and refers to membership in the Association. 1.22 Member in Good Standing. "Member in Good Standing" shall mean a Member who is current in the payment of all dues, Assessments, fines, penalties, and other charges imposed in accordance with the Governing Documents, and who is in compliance with all of the provisions of the Governing Documents, as may be more particularly set forth in the Bylaws. 1.23 Mortgage. "Mortgage" shall mean a deed of trust as well as a mortgage in the conventional sense. "Mortgagee" shall refer to a beneficiary under a deed of trust as well as to a mortgagee in the conventional sense. "First Mortgage" shall mean any Recorded Mortgage on a Unit with first priority over other Mortgages on such Unit. A "First Mortgagee" shall include any holder (including FREDDIE MAC and FANNIE MAE), insurer (including FHA), or guarantor (including VA) of a First Mortgage on a Unit or other portion of the Development. "FHA" shall mean the United States Department of Housing and Urban Development, Federal Housing Administration. "VA" shall mean the United States Department of Veterans Affairs. "FREDDIE MAC" shall mean the Federal Home Loan Mortgage Corporation. "FANNIE MAE" shall mean the Federal National Mortgage Association. Where any provision of the Governing Documents requires the approval of a First Mortgagee, the approval of the holder, insurer or guarantor of that First Mortgage shall be deemed to be the required approval. "Eligible Mortgagee" shall refer to any Mortgagee who has requested notice from the Association related to any proposed material amendments to the Governing Documents, as further described in Section 12.7, below. 1.24 Owner. "Owner" shall mean any person, firm, corporation or other entity in which fee title to a Unit is vested as shown by the Official Records of the office of the County Recorder, including the purchaser under an installment land contract, but excluding those having such interest merely as security for the performance of an obligation. If a Unit is transferred or conveyed to a trust, the Owner is the trustee or the co-trustees of such trust. A person or entity is not an Owner due to (a) community property or other Baden Condos Inman Law Group, LLP - 4 -1/22/19 v3 equitable rights not shown of Record; or (b) rights of adverse possession not shown of Record. Where the context requires, the term "Owner" shall include the members of the Owner's household and the Owner's guests, tenants/lessees and invitees; provided, however, that such persons are not "Owners" for purposes of exercising voting rights in the Associ ation. 1.25 Record; Recordation; Filed. "Record," "Recordation", and "Filed" shall mean, with respect to any document, the recordation or filing of such document in the Official Records of the County Recorder's office. 1.26 Resident. "Resident" shall mean any person who resides in a Unit within the Development whether or not such per son is an Owner. 1.27 Rules. "Rules" shall mean the rules and regulations governing the use, occupancy, management, administration, and operation of the Development or any part thereof as adopted and published by the Board from time to time. 1.28 Simple Majority. "Simple Majority" shall mean a majority of the votes of the Members (i) represented and voting at a meeting at which a quorum is present, or (ii) cast by written ballot in which the number of ballots received equals or exceeds the number required to establish a quorum. The term "Simple Majority" as used in the Governing Documents shall have the same meaning and shall apply to any situations subject to California Civil Code Sect ion 4070. 1.29 Subdivision Map. "Subdivision Map" shall mean the final subdivision map Filed with the County Recorder for any portion of the Development. 1.30 Supplemental Declaration. "Supplemental Declaration" shall mean any declaration (as defined in California Civil Code Section 4135), Recorded pursuant to Section 13.3, below, which supplements this Declaration and which may affect only a portion of the Development. A Supplemental Declaration may be entitled as an amendment to the Declaration in order to satisfy County Recording requirements. 1.31 Total Voting Power. "Total Voting Power" shall mean the total number of votes of all Members entitled to vote at a particular time, excluding any Condominiums as to which an Owner is not then a Member in Good Standing. 1.32 Unit. "Unit" shall mean the elements of a Condominium that are not owned in common with the other Owners of Condominiums within the Development. Each Unit is an individual residence, which is shown, defined and delineated on the Condominium Plan as a separate interest in real property located within the Development. The boundaries of each Unit shall be the approximate dimensions set forth on the Condominium Plan and as follows: The interior unfinished surfaces (exclusive of paint, paper, wax, tile, enamel or other finishes) of its perimeter walls, bearing walls, floors, ceilings, windows, and window frames, doors and door frames, and trim, and includes both the portions of the building so-described and the air space so-encompassed. Each Unit specifically includes the oven, garbage disposal, dishwasher, heating conduits, range and fans, interior partitions and plumbing fixtures installed therein. In interpreting this Declaration and the Condominium Plan, the existing physical boundaries of the Unit shall be conclusively presumed to be its boundaries rather than the boundaries or other description expressed in the Condominium Plan or this Declaration, regardless of settling or lateral movement of the buildings and regardless of variations between the boundaries shown on the Condominium Plan or the deed and the Declaration and those of the buildings. Baden Condos Inman Law Group, LLP - 5 -1/22/19 v3 ARTICLE 2 HOMEOWNERS ASSOCIATION 2.1 Management and Operation. The Association, through the Board, shall manage and operate the Development in accordance with the applicable provisions of the Governing Documents and the applicable provisions of California law and the City's Municipal Code. The Association shall have all of the powers set forth in the Governing Documents together with general power to do any and all things that a nonprofit mutual benefit corporation may lawfully do under the laws of the State of California, subject only to the limitations upon t he exercise of such power s as are expressly set forth in the Governing Documents and any applicable provisions of the City's Municipal Code. 2.2 Membership. Every Owner of a Condominium shall be a Member and shall remain a Member thereof until such time as his or her Condominium ownership ceases for any reason. Membership shall be appurtenant to and may not be separated from ownership of a Condominium and shall not be transferred, encumbered, pledged, alienated, or otherwise hypothecated in any way, except in connection with the sale or encumbrance of the Condominium to which it is appurtenant. 2.3 Voting. (a)Commencement of Voting Rights. Voting rights attributable to the ownership of Condominiums shall vest upon the commencement by the Association of Regular Assessments against those Condominiums. (b)Classes of Membership. The Association shall have the following two (2) classes of voting membership: (i)Class A Members. Class A Members shall initially be all Owners except Declarant. (ii)Class B Members. Declarant shall be the only Class B Member. (c)Membership Voting Rights. Only Members in Good Standing shall be entitled to vote. The voting rights and other privileges of each class of membership and the conversion of Declarant's Class B membership into Class A memberships shall be as set forth in Article 3 of the Bylaws. (d)Suspension of Voting Rights. A Member's voting rights may be temporarily suspended under those circumstances described in subsection 10.5(c), below. (e)Limitations on Declarant Voting Rights. With the exception of any membership vote pursuant to Section 3.7, below (relating to the enforcement of bonded obligations), no provision of any Governing Document requiring approval of a prescribed majority of the voting power of the Association other than Declarant is intended to preclude Declarant from casting votes attributable to any Condominiums owned by Declarant. Instead, approval by the Members requires the approval of a bare majority of the Class B voting power as well as the approval of the prescribed majority of the Class A voting power. Once the Class B membership has been converted to Class A membership, the intent is to require the approval of a bare majority of the Total Voting Power of the Association as well as the approval of the prescribed majority of the Total Voting Power of the Association other than Declarant. Baden Condos Inman Law Group, LLP - 6 -1/22/19 v3 2.4 Board. The affairs of the Association shall be managed by or under the direction of the Board. The number and qualifications of Directors shall be as established in the Bylaws, and the Directors shall be elected as provided in the Bylaws. The Board shall have all of the powers and duties set forth in any provision of the Governing Documents, including without limitation such powers and duties as may be expressly set forth in this Declaration. 2.5 Association Rules. The Board shall have the power and the authority to establish, promulgate, amend, repeal, and enforce such rules and regulations, which shall be known as "Rules", as the Board deems necessary for the management and operation of the Development and the conduct of business and affairs of the Association. The Rules may concern, but need not be limited to, matters pertaining to use of the Common Area, signs, collection and disposal of refuse, minimum standards for maintenance of property, parking and traffic regulations, rental or leasing of Units, the keeping of pets within Units, and any other subject matter within the jurisdiction of the Association as provided in the Governing Documents or by law. 2.6 Manager and Other Personnel. The Board shall have the power and authority to employ a manager and such other persons or entities as the Board shall deem appropriate to assist it in managing the Development and conducting the business and affairs of the Association, as more particularly set forth in the Bylaws. 2.7 Capital Improvements. With the prior written consent of the City, the Board shall have the power and authority to provide for the construction, reconstruction, installation, or acquisition of capital improvements upon the Common Area, provided that in any fiscal year expenditures for capital improvements shall not exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year except upon the approval of at least a majority of each cl ass of Members. This limitation shall not apply to the expenditure of any funds accumulated in a reserve fund for capital improvements so long as the expenditure is for the purpose for which the fund was established nor shall it apply to any reconstruction governed by Article 11 of this Declaration. For purposes of this Section "capital improvements" is defined as any (i) substantial discretionary addition to the Common Area, (ii) voluntary significant upgrade to Common Area materials, or (iii) discretionary material alterations to the appearance of the Development. 2.8 Sale or Transfer of Association Property. With the prior written consent of the City, the Board shall have the power to sell the Association's property provided that the Board shall not, in any fiscal year, sell property owned by the Association having a value in excess of five percent (5%) of the budgeted gross expenses of the Association for that fiscal year without approval of at least a majority of each class of Members. 2.9 Transfer or Dedication of Common Area to Public Agency or Utility. The Board shall have the power to dedicate or transfer all or any part of the Common Area to a public agency, authority or utility or other person or entity for such purposes and subject to such conditions as may be agreed to by the Board, and upon the approval of at least a majority of each cl ass of Members. 2.10 Borrow Money. The Board shall have the power to borrow money in the name of the Association. 2.11 Mortgage of Association Property. The Board shall have the power and authority to mortgage, pledge, encumber, or otherwise hypothecate the real and personal property of the Association for money borrowed or debts incurred by the Association. Baden Condos Inman Law Group, LLP - 7 -1/22/19 v3 2.12 Mergers and Consolidations. The Association may (i) participate in mergers and consolidations with other nonprofit corporations organized for the same purposes as the Association, or (ii) annex addi tional property to the Development, in accordance with Section 13.1, below. 2.13 Dissolution. So long as there is any lot, parcel or area for which the Association is obligated to provide management, maintenance, preservation or control, the prior written consent of the City, and the consent of all Members must be obtained for the Association to (i) transfer all or substantially all of its assets, or (ii) file a certificate of dissolution. 2.14 Limitation of Liability. Neither the Association or its Directors, officers, employees, agents or committee members (collectively and individually referred to as the "Released Party") shall be personally liable for damages or in equity to any of the Members, or to any other person, for any error or omission in the discharge of their duties and responsibilities or for their failure to provide any service required hereunder or pursuant to the Bylaws, even if such Released Party is negligent, provided that such Released Par ty has not acted in bad faith. This standard of care and limitation of liability shall extend, without limitation, to matters such as (i) the establishment of the Association's annual financial budget, (ii) the funding of Association reserve accounts, (iii) the discharge of the Association's maintenance, repair and replacement obligations, (iv) the enforcement of the Governing Documents, and (v) to any other fiduciary duties or responsibilities imposed by law or the Governing Documents. ARTICLE 3 COMMON AREA 3.1 Ownership of Common Area. (a)Association Common Area. Declarant shall convey fee simple title to the Association Common Area to the Association, free of all encumbrances and liens, with the exception of current real property taxes (which shall be prorated as of the date of such conveyance) and any easements, conditions and reservations then of Record, including those set forth in this Declaration. Such conveyance shall be made prior to, or concurrently with, the first transfer or conveyance by Declarant of a Unit in the Development to a purchaser. The Association shall be deemed to have accepted the Association Common Area conveyed to it when (i) a grant deed conveying title to the Association Common Area has been Recorded in the Official Records of the County Recorder's office and (ii) assessments have commenced. (b)Condominium Common Area. Upon the conveyance of the first Unit within the Development, each Unit within the Development shall have an equal undivided 1/8th interest in the Condominium Common Area. The undivided ownership interest in the Condominium Common Area appurtenant to the Units shall not be severed or conveyed separately from the respective Units to which they are appurtenant and each such undivided interest shall in all cases be deemed to be conveyed or encumbered along with the respective Unit even though the description in the instrument of conveyance or encumbrance may refer only to the Unit. Any purported severance or separate conveyance of an undivided interest in the Condominium Common Area apart from a conveyance of the respective Unit shall, for all purposes, be null, void, and unenf orceable. 3.2 Condominium Ownership. Ownership of each Condominium within the Development shall include (i) a designated Unit, (ii) an undivided ownership interest in the Condominium Common Area as tenant in common, (iii) a membership in the Association, (iv) the right to the exclusive use or possession of those portions of the Common Area assigned to such Unit as Exclusive Use Common Area, and (v) all applicable easements, all as described in the Declaration, in the deed to the Unit, or in the Condominium Plan. Baden Condos Inman Law Group, LLP - 8 -1/22/19 v3 3.3 Owners Non-Exclusive Easements of Enjoyment. Every Owner shall have a non-exclusive easement for ingress, egress, and use of and enjoyment in, to, and throughout the Association Common Area. Each such non-exclusive easement shall be appurtenant to and pass with the title to every Condominium, subject to the following rights and restrictions: (a)Adoption of Common Area Rules. The right of the Board to establish and enforce reasonable Rules governing the use of the Common Area and the facilities thereon including, without limitation, Rules (i) limiting the number of guests of Members permitted to use the Common Area and the facilities thereon at any one time, (ii) limiting the hours of use of the Common Area and the facilities thereon, (iii) regulating the use of the Common Area and the facilities thereon for group activities, and (iv) regulating parking upon the Common Area; (b)Exclusive Use. The right of any Owner to utilize any portion of the Common Area which is Exclusive Use Common Area appurtenant to the Owner's Unit in accordance with this Declaration; (c)Suspension of Use. The right of the Board, as more particularly addressed in the Bylaws, to suspend an Owner's right (and thus the Owner's guests' rights) to use the recreational facilities located on the Common Area for (i) any period during which any Assessment against such Owner's Unit remains unpaid, and/or (ii) for violations of the Governing Documents by an Owner or any person for whom an Owner is responsi ble, provided that no Owners shall be denied ingress and egress over Common Area roadways to such Owner's Unit; (d)Granting of Easements. The right of the Board to grant easements and rights of way in, on, over, or under the Common Area; (e)Transfer to Public Agency. The right of the Board to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility; (f)Encumber. The right of the Board to mortgage, pledge, encumber, or otherwise hypothecate the Common Area and facilities thereon as security for money borrowed by the Association; (g)Perform Obligations. The right of the Association or its authorized agents to perform its obligations under this Declaration, including, without limitation, obligations with respect to construction, maintenance, repair, or replacement for the benefit of the Common Area; (h)Establish Signage. The right of the Association to establish, construct, maintain, repair and replace entrance signs, privacy gates, street signs, lights, maps, directories and other similar improvements upon the Common Area; (i)Association Use Areas. The right of the Association to establish, construct, maintain, repair and replace facilities upon the Common Area including without limitation storage facilities and workshops, which may be necessary or convenient in the discharge of the Association's duties and the exercise of its rights under the Governing Documents; and (j)Development and Sales Rights. The right of Declarant and its employees, sales agents, prospective purchasers, customers and representatives, to enter upon and to use the Common Area for development and sales activities in accordance with Article 14, below. Such use shall not unreasonably interfere with the rights of use and enjoyment of the other Owners as provided herein. Baden Condos Inman Law Group, LLP - 9 -1/22/19 v3 3.4 Assignment of Rights of Use. Upon occupancy of a Unit by a tenant, the Owner shall be deemed to have assigned all such Common Area rights exclusively to the tenants of such Unit except that such Owner shall continue to have an easement for ingress and egress to such Owner's Unit to the extent necessar y to discharge the Owner's obligations and rights as a landlord. Any Common Area rights of enjoyment assigned pursuant to this Section are subject to suspension to the same extent that rights of Owners are subject to suspensi on as provided in the Governing Documents. It is the express purpose and intent of the provisions of this Section to limit the right of use and enjoyment of the Common Area to Residents and their guests. 3.5 Common Area Construction. Following the conveyance of the Association Common Area to the Association, no person or entity other than the Association or its duly-authorized agents (i) shall construct, reconstruct, refinish, alter, or maintain any Improvement upon the Common Area, (ii) shall make or create any excavation or fill upon the Common Area, (iii) shall change the natural or existing drainage of the Common Area, or (iv) shall plant, remove, or destroy any seed, plant material, tree, shrub, or other vegetation upon the Common Area. 3.6 Mechanic's Liens. In the event there shall be Recorded against the Common Area a notice of mechanic's lien for, or purporting to be for, labor or materials alleged to have been furnished or delivered for any Owner or his or her Unit, such Owner shall immediately cause such lien to be discharged by payment, bond, or otherwise. If the Owner fails to cause the lien to be discharged, the Board may send written notice to the Owner specifying that unless the Owner causes the lien to be discharged within five (5) days from the date of such notice, the Board may cause the lien to be discharged. Within such five (5) day period, the Owner shall be granted a hearing before the Board regarding the validity of such lien and any offsets or defenses thereto. At that time, the Board shall determine whether the lien adversely and improperly affects and encumbers the rights and interests of the Association or the other Owners. If the Board determines that the lien does adversely and improperly affect and encumber such rights and interests and that adequate protection of such rights and interests has not been provided, the Board may cause the lien to be discharged by payment, bond, or otherwise. The Board shall have the right to levy a Reimbursement Assessment against the Owner responsi ble for causing the lien to be discharged in an amount equal to all amounts paid by the Association together with interest thereon at the legal rate and all costs and expenses paid or incurred in connection therewith, including reasonable attorneys' fees. 3.7 Enforcement of Bonded Obligations. (a)Board Consideration of Enforcement. If any of the Common Area Improvements within the Development have not been completed when the California Real Estate Commissioner issues a final subdivision public report for the Development, and if the Association is the obligee under a bond or other arrangement ("bond") to secure performance of a commitment of Declarant to complete such Common Area Improvements, then the Board shall consider and vote on the question of action by the Association to enforce the obligations under the bond with respect to any Improvements for which a notice of completion has not been Filed within sixty (60) days after the completion date specified for that Improvement in the "planned const ruction statement" appended to the bond. However, if the Association has given an extension in writing for the completion of any Common Area Improvement, the Board shall consider and vote on the action to enforce the obligations under the bond only if a notice of completion has not been Filed within thirty (30) days after the expiration of the extension. Baden Condos Inman Law Group, LLP - 10 -1/22/19 v3 (b)Member's Rights to Call Meeting Regarding Enforcement of Bonds. If the Board fails to consider and vote on the action to enforce the obligations under the bond or decides not to initiate action to enforce the obligations under the bond, then on the petition in writing to the Board signed by Members representing not less than five percent (5%) of the Total Voting Power of the Association other than Declarant, the Board shall call a special membership meeting for the purpose of voting to override the decision of the Board not to initiate action or to compel the Board to take action to enforce the obligations under the bond. The meeting shall be called by the Board by fixing a date not less than thirty-five (35) days nor more than forty-five (45) days after receipt by the Board of said petition. Notice of the meeting shall be given to all Owners entitled to vote in the manner provided in the Bylaws for notices of special membership meetings. At the meeting, the vote in person or by proxy of a majority of the Owners entitled to vote (other than Declarant) in favor of taking action to enforce the obligations under the bond shall be deemed to be the decision of the Association and the Board shall then implement the Owners' decision by initiating and pursuing appropriate action in the name of the Association. ARTICLE 4 USE RESTRICTIONS 4.1 Residential Use. Except as specifically provided in Sections 4.2, 4.23 and 4.24, below, no Unit, or any portion thereof, shall be occupi ed or used for other than residential purposes. 4.2 Restriction on Businesses. No business of any kind shall be established, maintained, operated, permitted, or conducted within the Development except: (a)Professional and Administrative. Those professional and administrative occupations as may be permitted by, and which are conducted in conformance with, all applicable governmental ordinances provided that there is no external evidence thereof, and further provided that the Board may, in its complete discretion, prohibit the conduct of any such activities which the Board determines to be incompatible with the nature and character of the Development or which, in the Board's opinion, may or does otherwise negatively impact the quality of life and property values within the Development. (b)Development and Sales of Units. As more particularly provided in Article 14, below, Declarant shall be entitled to use Units as models, sales or rental offices or construction headquarters for the purpose of constructing Units and marketing of Units within the Development or for development projects located outside of the Development. (c)Rental Office. A rental or management office for the Development, provided that Units within the Development shall not be used f or motel or other short-term occupancy. (d)Permitted by Law. Those other businesses which by law must be permitted to be conducted within the Development, including the businesses descr ibed in Sections 4.23 and 4.24. 4.3 Offensive Conduct, Nuisances, Noise. No noxious, harmful or offensive activities shall be conducted upon or within any part of the Development, nor shall anything be done thereon which may be or become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to any Residents of the Development, or which shall in any way interfere with their use of the Common Area and facilities thereon or the use and enjoyment of their Units. Without limiting any of the foregoing, no Resident shall permit noise, including without limitation the barking of dogs or excessively loud music, to emanate from the Resident's Unit or the Unit's Exclusive Use Common Area, vehicles or the vehicles of guests and invitees, Baden Condos Inman Law Group, LLP - 11 -1/22/19 v3 which would unreasonably disturb another Resident's enjoyment of his or her Unit or of the Common Area. Nothing in this Section shall be construed to limit the Association's ability to discharge its duties in accordance with the Governing Documents or otherwise manage the Development. 4.4 Use of the Common Area. All use of the Common Area is subject to the Governing Documents. No alterations or additions to the Common Area shall be made except as authorized by the Board pursuant to Section 2.7. Nothing shall be placed, kept, stored, or parked on the Common Area without the prior written consent of the Board, except by the Association. Without limiting the foregoing, no Owner shall place rubbish, debris, or other unsightly or unsanitary materials on the Common Area. Each Owner shall avoid causing damage to the Common Area. 4.5 Sports Apparatus. Except for sports apparatus installed and maintained by the Association, no sports apparatus, whether portable or fixed, including without limitation basketball standards shall be permitted within the Development. As used in this Section, the term "sports apparatus" does not include bicycles, roller skates, roller blades or any other similar unpowered wheeled equipment, provided that the Board shall have the discretion to adopt Rules governing the use of such unpower ed wheeled equipment. 4.6 Window Coverings. Drapes, window shades, or shutters shall be installed in the windows of all Units and shall comply with any Rules adopted by the Board. In no event shall windows be painted, nor shall aluminum foil, newspaper , bed sheets, cardboard or similar materials be placed in windows. All window coverings shall be maintained in good repair and condition at all times. 4.7 Signs. To the extent permitted by law, the Board may adopt Rules limiting the placement of signs within the Development, including, without limitation, restrictions on the size of the signs, the duration of their posting, and their location. 4.8 Antennas. No outside television antenna, aerial, satellite dish or similar device for the transmission or reception of television, radio, satellite, or other signals of any kind, are permitted within the Development, except as provided in this Section. If a central antenna system is installed by the Declarant or the Association which provides electronic signal reception to individual Units in a manner which complies with Code of Federal Regulations requirements (47 C.F.R. Section 1.4000), individual Owners and Residents shall be prohibited from installing or maintaining an antenna, aerial, satellite or similar device within the Development. If no central antenna system is installed, antennas or satellite dishes with a diameter or diagonal measurement not greater than one (1) meter which are designed to receive direct broadcast satellite services, video programming services via multi-point distribution services, or television broadcast signals (collectively "Permitted Dishes") may be erected, placed or installed within a Unit or the Unit's Exclusive Use Common Area, subject to the following restrictions, provided that the application of these restrictions do not unreasonably delay installation or expense, or preclude reception of an accept able quality signal: (a)Not Visible From Streets. All Permitted Dishes shall be placed in locations which are not visible from the street within the Development, where possible. (b)Preferred Placement List. All Permitted Dishes shall be installed at locations in accordance with a prioritized list of placement preferences, if such a l ist is adopted by the Board. (c)Reasonable Restrictions. All Permitted Dishes shall be installed in accordance with such reasonable restrictions which may be imposed as par t of the Rules. Baden Condos Inman Law Group, LLP - 12 -1/22/19 v3 4.9 Trash Disposal. Trash, garbage, accumulated waste plant material and all other waste and refuse shall be deposited only in covered sanitary containers or recycling containers in accordance with the following provisions: (a)Screened Containers. No trash, garbage, rubbish, or other waste material shall be allowed to accumulate within any Unit unless stored in an appropriate sanitary, covered disposal container that is located within an enclosed garage or area dedicated for such purpose as shown on the approved plans for the Development. Garbage, trash or recycling containers shall be suitably concealed in an area dedicated inside the garage for Unit 2, 3, 4, 6, 7 and 8 and the areas dedicated within the patios of Units 1 and 5, except such containers may be placed at curbside on the designated garbage pick-up day. (b)Trash Pickup. The containers may be placed for pickup at a reasonable time prior to trash collection and shall be promptly stored as specified in subsection 4.9(a) after collection. All containers shall be placed away from parked vehicles and other obstructions. The Board shall adopt Rules regulating the placement of containers for trash collection, including specific limitations on the period of time during which containers may be placed for collection. (c)Trash Storage. No Owner or Resident shall permit or cause any garbage, trash or other waste or refuse to be kept outside of the Residence or elsewhere in the Development, except in sanitary, covered disposal containers. 4.10 Vehicles and Parking. (a)Limitations on Types of Vehicles. (i)Recreational Vehicles. No trailer, motor home, recreational vehicle, camper, or boat shall be parked, kept or permitted to remain within the Development unless placed or maintained completely within an enclosed garage, and provided that the parking of such recreational vehicle or trailer does not displace the parking of otherwise permitted vehicles within the garage. The Board, in its complete discretion and upon such basi s and terms as it deems prudent, shall have the power to adopt, modify and repeal Rules permitting the temporary use and parking within the Development of vehicles otherwise prohibited by the provisions of this subsection. (ii)Commercial Vehicles. No commercial truck, van or commercial vehicle shall be permitted within the Development except for such limited times as are necessary for deliveries, the performance of maintenance, repair and replacement of Improvements within the Development and other similar situations, and then subject to any Rules adopted by the Board which may include, without limitation, a limit on the time of day or days of the week when such vehicles may be present within the Development. The term "truck, van or commercial vehicles" shall not include sedans or standard size pickup trucks and vans which are used for both business and personal uses, provided that any signs or markings of a commercial nature on such vehicles shall be unobtrusive and inoffensive as determined by the Board. (b)Condition of Vehicles. No unreasonably noisy vehicles and no vehicles (including, without limitation, scooters, motorcycles or other motorized devices) emitting foul smelling or offensive exhaust fumes shall be operated within the Development. No dilapidated, unsightly, inoperable, or abandoned vehicle shall be parked, kept or permitted to remain upon any area within Baden Condos Inman Law Group, LLP - 13 -1/22/19 v3 the Development unless completely enclosed within a garage. Each vehicle operated or located within the Development shall maintain, and the Board shall have the authority to require written evidence of, current registration which permits the vehicle to be legally operated on public streets. (c)No Vehicle Repairs. No vehicle washing, maintenance or repairs of any kind may be made to vehicles within the Development except such emergency repairs as are necessary to remove the vehicle from the Development. (d)Parking of Vehicles by Residents. Vehicles permitted by this Section 4.11 may be parked within the Development only as follows: (i)Garage Parking. Owners and Residents shall utilize their Unit's garage or Exclusive Use Common Area carport for vehicle parking, and shall not utilize any other parking space otherwise permitted by this Section 4.10. (ii)No Parking in Private Drive. No parking shall be permitted within the private drive of the Development. (iii)No Guest Parking Spaces. There are no guest parking spaces within the Development. (iv)Fire Lane Towing. The Common Area private drive serving the Development is a City-designated fire lane. All curbs within the Development shall be painted red and labeled "No Parking Zone", except for those areas indicated as parking spaces on the site plan for the Development. Any vehicle parked within the fire lane shall be subject to immediate towing. The Association shall establish procedures for authorizing the towing of any unauthorized vehicle parked within a designated fire lane. (e)Parking Rules and Enforcement. In order to prevent or eliminate parking problems within the Development, or to further define and enforce the restrictions contained in this Section, the Board shall have the authority to adopt further reasonable rules and restrictions regarding vehicles and parking within the Development as the Board may deem prudent and appropriate. The Board shall also have the power to impose sanctions for violations of provisions of the Governing Documents relating to vehicles and parking. Such authority and power shall include, without limitation: (i)Towing of Vehicles. The power and authority to cause the towing, at the vehicle owner's expense, of vehicles which are parked within the Development in violation of any of the provisions of the Governing Documents, provided that towing of vehicles of guests and other non-Residents of the Development shall be subject to the provisions of applicable law. Costs incurred by the Association relating to the towing and/or storage of any vehicle parked in violation of any provision of the Governing Documents shall be assessed as a Reimbursement Assessment against the Unit Owner responsible or whose household members, tenants, or guests are responsi ble for the presence of such vehicle. (ii)Parking Fines. The power and authority to fix and impose fines for violations of this Section in accordance with California Civil Code Section 5850(a) and Title 17 "Vehicles and T raffic" of the City's Municipal Code. Baden Condos Inman Law Group, LLP - 14 -1/22/19 v3 (iii)Representative Appointment. The Board shall appoint a representative to authorize the towing from all Common Areas of any abandoned or dismantled vehicles left on the property in excess of ten (10) calendar days. 4.11 Garages and Carports. (a)Storage. Each Owner shall keep his or her garage or carport in a neat, orderly, sanitary, and safe condition, and shall be available for automobile parking at all times. Storage within a garage shall be incidental to automobile parking and there shall be no storage within a carport. (b)Door Closed. Each garage door shall remain closed except during the time required for the entry and exit of vehicles and individuals and when and only for as long as reasonably necessar y when the garage is in active use. (c)Vehicle Parking. No garage shall be remodeled or used as a workshop, storage space, hobby facility or for any other use or facility which would interfere with the ability of the Owner of the Unit to accommodate the number of full-sized passenger vehicles which the garage was originally designed to accommodate. In no event shall any garage or carport be converted to or used as a living area, and all garage and carport parking spaces shall be kept accessi ble for parking purposes. 4.12 Compliance with Laws. Nothing shall be done or kept anywhere within the Development which violates any local, state or Federal law, ordinance, statute, rule or regulation. 4.13 Exterior Fires. There shall be no exterior fires whatsoever, including, the use of fire pits and barbeques in Exclusive Use Common Area decks, except for appliances that meet building code and Association insurance policy requirements and approval. 4.14 Animals. (a)Household Pets. Within each Unit a Resident shall be permitted to have aquatic animals and caged birds, and a total of one (1) dog not to exceed ninety (90) pounds and/or one (1) cat, provided that they are not kept, bred, or maintained for any commercial purposes and they are maintained under reasonable control at all times, all in conformance with any City ordinances. No Pit Bulls, Chow Chows, German Shepherds, Siberian Huskies, Perro de Presa Canarios, Alaskan Malamutes, Akitas, American Staffordshire Terriers, Boxers, Great Danes, Rottweiler, Doberman Pinchers, or any mixed breed containing one of the above-referenced breeds are permitted within the Development at any time. Each dog must be restrained on a leash held by a responsible person capable of controlling it whenever it is outside of a Unit or Exclusive Use Common Area. No other animals, including, but not limited to, reptiles, rodents, livestock, or poultry, shall be raised, bred or kept in any Unit or other portion of the Development. (b) Owner's Responsibility for Pets. The owner of each permitted pet shall be responsible for immediately removing and disposing of any waste introduced to any portion of the Development by such pet. The Board shall have the power to impose fines and other sanctions for violations of provisions of the Governing Documents relating to pets, including without limitation fines for failure to remove and dispose of pet waste as required by this subsection. Each Owner, Resident, and any person bringing or keeping an animal within the Development shall be absolutely Baden Condos Inman Law Group, LLP - 15 -1/22/19 v3 liable to the Association and all other persons for any injury or damage to persons or property caused by the animal brought upon or kept upon the Development by such person or by members of his or her household, tenants, guests, or invitees. Each Owner and Resident shall indemnify the Association and its officers, Directors, and agents against any and all claims, damages, losses, demands, liabilities, and expenses, including but not limited to attorneys' fees, arising out of or resulting from the presence or conduct of any animal brought upon or kept within the Development by the Owner or Resident, members of his or her household, guests, tenants, or invitees. A dog barking for more than ten minutes (10) within an hour shall constitute a nuisance pursuant to this Declaration. (c)Pet Rules. The Board may adopt and enforce pet Rules in addition to the provisions of this Section. Such Rules may include, without limitation, regulations regarding the presence of pets on the Common Area and requirements that pets be registered with the Association. The Association shall have the right to prohibit the keeping of any animal which constitutes, in the sole and exclusive opinion of the Board, a nuisance or danger to any other person. 4.15 Rental of Condominiums. An Owner shall have the right to rent his or her Condominium subject to the provisions of the Governing Documents, including without limitation the following specific requirements: (a)Notification of the Board. The Owner shall notify the Association of the duration of the lease, a term of which shall not be less than thirty (30) days, and shall provide the Association with (i) the names of the tenants, (ii) the names of the members of the tenants' household, (iii) the tenants' telephone numbers, and (iv) such other information as the Board deems appropriate. The Association may, in its discretion, adopt a form for the provision of the information required by this subsection, together with an acknowledgment by the tenants that they have read, understand and agree to abide by the Governing Documents, which form shall be submitted to the Association for each rental of a Condominium. (b)Owner Responsibility. Each Owner renting a Condominium shall be strictly responsible and liable to the Association for the actions of such Owner's tenant in or about all Units and Common Area and for each tenant's compliance with the provisions of all Governing Documents. An Owner renting a Condominium shall provide the tenant with copies of the Governing Documents and all subsequent amendments. Owners renting a Unit shall provide the Board with a forwarding address so that the Owner may be contacted. (c)Indemnification of Association. Every Owner of a Unit that is occupied by persons other than the Owner pursuant to a rental agreement or otherwise, agrees to and shall indemnify and defend the Association, its officers, Directors, managers, and agents and shall hold them harmless from any cost, loss, claim, or damages of any kind, including but not limited to attorneys' fees arising out of the conduct or presence of the occupants of the Unit upon the Development, including any such cost, loss, claim or damages arising or alleged to have arisen out of the enforcement or nonenforcement by the Association of the Governing Documents against such occupants. Without limiting the generality of the foregoing, all costs, including attorneys' fees incurred by the Association to enforce the Governing Documents against such occupants, shall be reimbursed to the Association by the Owner and may be assessed by the Association as a Reimbursement Assessment. Baden Condos Inman Law Group, LLP - 16 -1/22/19 v3 (d)Requirements of Written Rental Agreement. Any rental of any Condominium shall be only by written rental agreement, with a term for not less than thirty (30) days, which shall expressly provide (i) that it is subject to all of the provisions of the Governing Documents, (ii) that the tenants of such Condominium shall comply with all provisions of the Governing Documents, and (iii) that any violation of any provisions of the Governing Documents shall constitute a breach and default of the terms of such rental agreement. The rental agreement shall not attempt to, nor shall any such agreement be effective to, transfer membership in the Association to the lessee. (e)Requirement of Inclusive Rental Agreement. No Owner may rent or hire any garage, accessor y building, or similar improvement to anyone who does not have the right of possessi on of the entirety of the Unit. 4.16 Outside Drying and Laundering. Except as allowed by California Civil Code Section 4753 and Title 8 "Health and Welfare" of the City's Municipal Code, no clotheslines may be hung within the Development, nor shall any installation be hung, painted or displayed on the exterior of any window (or interior, if visible from the outside) or placed on the exterior walls or exterior surfaces of doors of any Units. No awnings, canopies or shutters (except those installed by Declarant) shall be affixed or placed upon t he exterior walls or roofs of Units, or any part thereof, nor relocated or extended, without the prior written consent of the Board. In addition, window air conditioners are prohibited. 4.17 Storage and Other Restrictions for Decks. No Owner shall use any Exclusive Use Common Area deck area for storage purposes, including, without limitation, the storage of bicycles. Patio furniture and gas grills may be kept on Exclusive Use Common Area deck areas, subject to any local codes or ordinances, provided that coasters must be placed on al l grill, table and chair legs on above ground decks. Unless installed by Declarant, all plants kept in the Exclusive Use Common Area deck areas shall be kept in pots or planters which do not allow water to drain outside of such pot or planter, and no vegetation shall be permitted to extend beyond the railings, walls and/or other boundaries of the Exclusive Use Common Area deck areas, except as approved by the Board. The Board may require approval of any potted plants. No Owner shall change or alter the surface of any Exclusive Use Common Area deck areas without the consent of the Board. Owners shall not place items such as welcome mats, tile, indoor/outdoor carpet or charcoal grills on Exclusive Use Common Area deck areas that are above ground. Owners must ensure that high heel shoes are not worn on Exclusive Use Common Area deck surfaces that are above ground. 4.18 Smoking. Smoking shall be prohibited throughout the Development, including Common Area, and Exclusive Use Common Area private decks pursuant to Chapter 8.50 of the City's Municipal Code. 4.19 Exterior Lighting. Any exterior electrical, gas or other artificial lighting installed or placed within the Common Area shall be positioned, screened, or otherwise directed or situated and of such controlled focus and intensity so as not to unreasonably disturb the residents of any other Condominiums. Additional Rules regarding exterior lighting may be promulgated by the Board. 4.20 Mailboxes and Exterior Newspaper Tubes. Except for the cluster-style, grouped mailboxes which are the mail receptacles for the Units, no newspaper tubes or mailboxes shall be erected or maintained within the Development. 4.21 Activities Affecting Insurance. Nothing shall be done or kept within the Development which will increase the rate of insurance maintained by the Association without the prior written consent of the Association. No Owner shall permit anything to be done or kept within the Development which would result in cancellation of any insurance pol icy maintained by the Association or any other Owner. Baden Condos Inman Law Group, LLP - 17 -1/22/19 v3 4.22 No Partition. Except as permitted by Civil Code Section 4610, there shall be no judicial partition of the Development or any part thereof, nor shall any Owner or any person acquiring any interest in the Development or any part thereof seek any judicial partition thereof. Notwithstanding the preceding, if any Condominium is owned by two or more co-tenants as tenants in common or as joint tenants, this Section shall not be deemed to prevent a judicial partition by sale as bet ween such co-tenants. 4.23 Family Day Care Centers. No family day care center shall be permitted within the Development except as specifically mandated by California Health and Safety Code Section 1597.40, Title 20 "Zoning" of the City's Municipal Code, and other applicable statutes. The owner/operator of any permitted day care facility shall provide the Association with prior written notice as to the facility's operation, and shall comply with all local and state laws regarding the licensing and operation of a day care center and, in addition, shall: (a)Association Additional Insured. Name the Association as an additional insured on the liability insurance policy or bond carried by the owner/operator of the day care center, in accordance with California Health and Safety Code Section 1597.531. This subsection 4.23(a) is intended to be and shall be conclusively deemed to be the written notice to the operator and owner from the Association as specified in California Health and Saf ety Code Section 1597.231; (b)Indemnify. Defend, indemnify and hold the Association harmless from any claim, demand, loss, liability action or cause of action arising out of the existence and operation of the day care center; (c)Association Rules. Abide by and comply with the Association's Rules; (d)Responsibility. Supervise and be completely responsible at all times all persons for whom day care services are provided while such persons are within the Development; and (e)Proof of Insurance. Cooperate with the Association if the Association's insurance agent or carrier requires proof of insurance, proof of the agreement of the owner or operator of the center to these provisions, or other reasonable requests. 4.24 Community Care Facilities. Except for residential facilities defined as community care facilities under California Health and Safety Code Section 1502, no health care facilities operating as a business or charity shall be permitted in the Development. The owner/operator of any permitted community care facility shall provide the Association with prior written notice as to the facility's operation, and shall comply with all local and state laws regarding the licensing and operation of a community care facility and, in addition, shall: (a)Association Additional Insured. Name the Association as an additional insured on the liability insurance policy or bond carried by the owner/operator of the community care facility; (b)Indemnify. Defend, indemnify and hold the Association harmless from any claim, demand, loss, liability action or cause of action arising out of the existence and operation of the community care facility; (c)Association Rules. Abide by and comply with the Association's Rules; (d)Responsibility. Supervise and be completely responsible at all times all persons for whom community care services are provided while such persons are within the Development; and Baden Condos Inman Law Group, LLP - 18 -1/22/19 v3 (e)Proof of Insurance. Cooperate with the Association if the Association's insurance agent or carrier requires proof of insurance, proof of the agreement of the owner or operator of the community care facility to these provisions, or other reasonable requests. 4.25 Variances. The Board shall be authorized to grant reasonable variances from the provisions of Article 4 of this Declaration upon written application from any Owner provided that the Board determines, in its sole discretion, that the specific application of the restriction to such Owner will (i) cause substantial undue hardship to the Owner, or (ii) fail to further or accomplish the common plan for the Development as contemplated by this Declaration. The Board shall have the power to limit any variance granted in scope or duration or otherwise impose such specific requirements as the Board may, in its complete discretion, see fit to require. The Board shall follow the following procedures in acting on any request for a variance: (a)Initial Board Determination. The Board, in its sole discretion, shall make an initial determination whether or not the variance on its face meets the requirements set forth in this Section. If the Board determines that it does not meet the requirements, the variance request shall be denied and the Board shall so notify the applicant within thirty (30) days of the Board's decision. If the Board determines that the variance does meet the requirements, the procedures set forth in the remainder of this Section shall be followed. (b)Board Hearing. The Board shall conduct a hearing on the variance within forty-five (45) days of the receipt of the written request for a variance. Notice shall be given to all Members not less than fifteen (15) days prior to the date of the hearing. Members may submit comments in writing prior to the hearing and/or appear at the hearing. The Board shall establish a reasonabl e time limit for Member comments during the hearing. No decision regarding the request for variance shall be made until the conclusion of the hearing. (c)Board Decision. After the conclusion of the hearing, the Board shall, in its sole discretion, either grant or deny the request for variance in accordance with the standards set forth in this Section. As more fully discussed above, if the Board grants the variance request, the Board may impose such conditions as the Board deems appropriate and shall so notify the applicant within thirty (30) days of the Board's decision. ARTICLE 5 ALTERATIONS TO UNITS AND DISCLOSURES 5.1 Approval by Board. Prior to undertaking any proposed modifications to a Unit which are visible from the exterior of the Unit or which could structurally impact the Common Area or another Unit, the Owner must submit to the Board in writing such proposed modifications to the Board, which may, in its sole discretion, approve or disapprove such proposed modifications. No Owner shall make any exterior modifications to any building or any part of the Common Area. The Board shall have the ability to form an architectural review committee to review proposed modifications. 5.2 Sound Attenuation. In any multi-family dwelling, sound may be audible between Units, particularly where the sound level of the source is sufficiently high and the background sound in an adjacent Unit is very low. These sounds may include, without limitation, music, voices, animal noises, furniture movement, appliance usage, water usage and other sounds. Each Owner shall endeavor to minimize any sound transmission from his or her Unit, and shall comply with the Association Rules which are designed to minimize sound transmission. To minimize the sound transmission from a Unit, each Owner (other than Declarant) shall adhere to the following: Baden Condos Inman Law Group, LLP - 19 -1/22/19 v3 (a)Demising Walls. On demising walls (party walls), acoustical sealant shall be packed around the point of penetration of all pictures and other decorative items hung from the wall that require nailing or screwing. No holes or other penetrations shall be made in demising walls except for decorative items without the permission of the Board. No penetrations of any sort shall be made in the ceilings of any Unit. (b)Insulation. No modifications shall be made to any Unit which would result in a reduction in the minimum impact insulation class of the Unit. (c)Attachment. No Owner shall attach to the walls or ceilings or place on the floor of any Unit anything which will cause unreasonable sound levels, vibrations, noise or annoyance to the Owners of the other Units. No audio, television, stereo, speakers, or other audio visual or media equipment shall be installed in or on any demising wall without the permission of the Board. Speakers for audio, television, stereo, or other audio visual or media equipment shall not be supported from or contact demising walls and shall be elevated from the floor by an adequate acoustic platform. Sound from such speakers must be kept at a reasonable level so as not to interfere with other Owners' enjoyment of their Units. (d)Pianos. Pianos shall have adequate acoustic pads under the supports to minimize vibration transmission into the structure. (e)Furniture. All furniture shall have rolled castors or adequate acoustic pads. (f)Modifications. No Owner shall install any hard surface or other flooring or make any other modification to any part of their Condominium which may increase sound transmission between their Condominium and other parts of the Development, including without limitation, tile or hardwood floors and wall or ceiling coverings, unless the prior written approval of the Board has been obtained. As a condition to approving the installation of such modifications, the Owner shall submit to the Board construction specifications clearly describing the proposed modifications in sufficient detail necessar y to determine whether sound transmission will be sufficiently mitigated. 5.3 Airport. NOTICE OF AIRPORT IN VICINITY This property is presently located in the vicinity of an airport, within what is known as an airport influence ar ea. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are accept able to you. 5.4 Landscape Plans and Const ruction of Improvements. Declarant shall improve or cause to be improved the landscaped portions of the common areas and other common areas or properties as shown on the following plans: (a)Landscape Plans. Plans consisting of ____________ sheet (s); designated _____________________________, dat ed ______________; prepared by ____________________________, J ob No. ____________; entitled _________________________________________, t ogether with the Baden Condos Inman Law Group, LLP - 20 -1/22/19 v3 Legend of Plants as shown on the Plan and Irrigation System Specifications consisting of ________ sheet(s), designated _______________, dated _________, prepared by ____________________________, Job No. ___________________, entitled ________________________________. Declarant shall file a copy of the as-built plans with the Baden Condos Community Association. The Association shall maintain same on file as permanent records available for inspection and review by prospective owners and other interested persons and for performing of its duties with respect. (b)Maintenance of Landscapi ng. The Association shall maintain all of the landscapi ng within the Development in general accordance with the landscaping plans referred to in subparagraph (i) above, unless climatic conditions make such maintenance impracticable or unless the City of South San Francisco consent s to a change in the plan for landscaping. (c)Improvement Plans of Other Common Areas or Properties. A plan consisting of _________ sheet(s), dated __________________, Revised ___________________, prepared by _______________________________________________________, Job No. ____________, entitled ___________________________________________. Declarant shall file a copy of the as- built plans with the Baden Condos Community Association. The Association shall maintain same on file as permanent records available for inspection and review by prospective owners and other interested parties and for performance of its duties with respect. (d)Works of Improvement. The Association shall maintain and repair the works of improvement within the landscaped areas and the common properties as constructed within said properties in accordance with said plans including, but not limited to, the driveways, curbs and gutters, fences, landscape planting, water supply system, sanitary sewer, storm drain system, area lighting system, fire prevention system, irrigation system, retaining walls and subdrain system, traffic control signs, devices and striping, grades and slopes and maintain and repair the improvements constructed in other portions of the common areas or properties. Any modifications of the improvements installed in accordance with said plans shall be made in accordance with the procedure set forth in the Declaration of Covenants, Conditions and Restrictions and modification of the use permit or other applicable zoning permit as so required. The Association shall provide funds for said maintenance and repair in accordance with the assessment provisions set forth in Article 6 of these Covenants. ARTICLE 6 ASSESSMENTS AND LIENS 6.1 Covenant of Owner. (a)Owner's Assessment Obligation. Each Owner of a Condominium within the Development, by acceptance of a deed or other conveyance thereof, whether or not it shall be so expressed in such deed or conveyance, shall be deemed to have covenanted and agreed to pay to the Association: (i) Regular Assessments, (ii) Special Assessments, (iii) Reimbursement Assessments, and (iv) Enforcement Assessments levied by the Association as hereinafter provided, together with all Additional Charges. Such deed or conveyance shall be deemed to vest in the Association the right and power to initiate all actions and procedures as the Board shall deem necessary or appropriate for the collection of such Assessments and Additional Charges and for the enforcement of the liens as hereinafter provided. Baden Condos Inman Law Group, LLP - 21 -1/22/19 v3 (b)Owner's Personal Obligation. Each Assessment levied by the Association under this Article, together with all Additional Charges, shall be a separate, distinct, and personal debt and obligation of the Owner against whom it is assessed, and shall bind his or her heirs, devisees, personal representatives, successor s, and assigns. Such obligation to pay Assessments and Additional Charges and the right and power of the Association to initiate all actions and procedures for collection shall run with the land, so that each successive Owner or Owners of Record of any Condominium shall, in turn, become liable to pay all such Assessments and Additional Charges assessed during the time he or she is Record Owner of such Condominium. After an Owner transfers of Record any Condominium he or she owns, he or she shall not be liable for any Assessments levied thereafter with respect to such Condominium. Such Owner shall remain personally liable, however, for all unpaid amounts due and owing at the time of transfer, together with Additional Charges accruing until time of collection. The seller of any Condominium under an installment land contract shall continue to be liable for all Assessments and Additional Charges until a conveyance by deed of such Condominium is Recorded. 6.2 Creation of Lien. Each Assessment levied by the Association pursuant to this Declaration, together with all Additional Charges, shall be a charge upon the land and upon Recor dation of a Notice of Delinquent Assessment shall be secured by a lien upon the property against which such Assessment is levied. The lien provided herein shall continue to secure all Assessments and Additional Charges levied upon any Unit notwithstanding the transfer of Record title to such Unit, and any such transfer shall be subject to the Association's lien, provided that, prior to such transfer, a Notice of Delinquent Assessment has been Recorded as provided in this Declaration and by law. The priority of all such liens on each Unit shall be in inverse order so that upon the foreclosure of the lien for any particular charge on any Unit, any sale of such Unit pursuant to foreclosure of the lien will be made subject to all liens securing the respective monthly Assessments and Additional Charges on such Uni t for succeedi ng months. 6.3 Purpose of Assessments. The Assessments levied by the Board shall be used exclusively for (i) managing and operating the Development, (ii) conducting the business and affairs of the Association, (iii) maintaining and enhancing the property values of the Owners and Residents of the Development, (iv) improving and maintaining the Common Area and, to the extent provided for in the Governing Documents or by law, the Condominiums situated within the Development, (v) enforcing the Governing Documents, and/or (vi) otherwise benefitting the Owners. 6.4 Authority of the Board. The Board shall have the power and the duty to levy Regular Assessments and Special Assessments sufficient to meet the Association's obligations under the Governing Documents and applicable law. 6.5 Regular Assessment. (a)Calculation of Estimated Requirement. Not less than thirty (30) days nor more than ninety (90) days prior to the beginning of each fiscal year, or as otherwise provided by law, the Board shall complete and distribute to all Owners an estimate of the net funds required by the Association for such fiscal year (including a reasonable amount allocated to contingencies and to a reserve fund for restoration, repair, and/or replacement of those components for which the Association is responsible and which must be repaired or replaced on a periodic basis) to manage, administer, operate, and maintain the Development; to conduct the affairs of the Association; and to perform all of the Association's duties in accordance with this Declaration. The funds required by the Association pursuant to this subsection shall be assessed among the Owners of Condominiums and within the Development as "Regular Assessments" as further provided in this Section 6.5. Baden Condos Inman Law Group, LLP - 22 -1/22/19 v3 (b)Allocation of Regular Assessment. Regular Assessments shall be allocated and assessed equal ly among the Condominiums within the Development. (c)Payment of Regular Assessments. Unless the Board shall designate otherwise, Regular Assessments shall be levied on an annual basis and shall be paid in twelve (12) equal monthly installments during the fiscal year, and each installment shall be due and payable on the first day of each month. (d)Increases in Regular Assessme nt. Pursuant to California Civil Code Section 5605(b), except as otherwise provided by law, the Board shall not increase the Regular Assessment for any fiscal year above the amount of the Regular Assessment for the preceding fiscal year by more than the maximum amount permitted by law, except upon the affirmative vote or written consent of a majority of Members voting on any such increase in the Regular Assessment, provided that a quorum is established. For purposes of the preceding sentence, a quorum shall mean more than fifty percent (50%) of the Members, notwithstanding any lower quorum requirement which may be set forth in the Bylaws. (e)Commencement of Regular Assessment. Regular Assessments shall commence as to each Condominium within the Development on the first day of the first month following the month in which the first conveyance occurs for the sale of a Condominium to a person other than Declarant. Each Condominium within the Development shall thereafter be subject to its share of the then established annual Regular Assessment. The first annual Regular Assessment shall be pro rated, if necessary, according to the number of months remaining in the fiscal year established in the Association's Bylaws. (f)Partial Assessment Exemption for Uncompleted Common Area. All Owners, including Declarant, shall be exempt from the payment of that portion of any Regular Assessment which is for the purpose of defraying expenses and reserves directly attributable to the existence and use of any Common Area that is not completed at the time Assessments commence. The Assessment exemption provided by this subparagraph shall be in effect only until the earliest of the following events: (A) a notice of completion of the Common Area has been Recorded; or (B) the Common Area has been pl aced in use. (g)Partial Assessment Exemption for Uncompleted Units. Any Unit within the Development having no structural Improvements for human occupancy shall be exempt from the payment of that portion of any Assessment which is for the purpose of defraying expenses and reserves directly attributable to the existence and use of the structural Improvements. Any such exemption from the payment of Assessments attributed to uncompleted Units shall be in effect only until the earliest of the following events: a notice of completion of the construction of the Unit has been Recorded; occupation or use of the Unit; or completion of all Association Common Area building structure containing the Unit which the Association is obligated to maintain. The Assessment exemption provided by this subsection shall include: (i)Roof replacement; (ii)Exterior maintenance; (iii)Any commonly metered domestic water, gas or electricity; and Baden Condos Inman Law Group, LLP - 23 -1/22/19 v3 (iv)Insurance for the Association Common Area building structure containing the Unit. (h)Working Capital Fund. As part of any FHA, Fannie Mae, Freddie Mac, or VA project approval requirement, a working capital fund may be established for the Development by the contribution to such fund, by the Owners and Declarant, of a sum not to exceed the amount of three (3) months Regular Assessments for each Unit owned. Any amounts paid into this fund should not be considered as advance payments of Regular Assessments. Except as provided in this subsect ion, if the working capital fund is established, the Association shall collect each Unit's share of the working capital fund at the time of the conveyance of the Unit by Declarant to an Owner, and such share shall be deposited into a segregated fund. Within sixty (60) days after the conveyance of the first Unit by Declarant, Declarant shall pay each unsold Unit's share of the working capital fund to the Association. Declarant shall then reimburse itself for this payment from the funds collected at closing when the unsold Units are sold. 6.6 Special Assessments. (a)Purpose of Special Assessments. If at any time during any fiscal year the Regular Assessment proves inadequate for any reason, including nonpayment of any Owner's share thereof or the unexpected repair, replacement, or reconstruction of Improvements located in the Development, or if funds are otherwise required for any authorized activity of the Association, the Board may levy a Special Assessment in the amount of such actual or estimated inadequacy or cost. (b)Allocation of Special Assessments. Special Assessments shall be allocated and assessed among the Condominiums within the Development in the same manner as Regular Assessments. (c)Approval of Special Assessments. Except in the case of an emergency situation as defined in California Civil Code Section 5610, in any fiscal year the Board may not levy Special Assessments which, in the aggregate, exceed five percent (5%) of the budgeted gross expenses of the Association for that fiscal year, except upon the affirmative vote or written consent of a majority of the Members voting on any such Special Assessment, provided that a quorum is established. For purposes of the preceding sentence, a quorum shall mean more than fifty percent (50%) of the Members, notwithstanding any lower quorum requirement which may be set forth in the Bylaws. 6.7 Reimbursement Assessments. The Association shall levy a Reimbursement Assessment against any Owner and his or her Condominium (i) if a failure by such Owner, or any person or pet for whom the Owner is responsible, to comply with any provision of the Governing Documents has necessitated or resulted in an expenditure of funds by the Association to deal with such lack of compliance or to bring such Owner or his Condominium into compliance, or (ii) in the event that the Association has expended funds performing repairs as authorized by Section 7.6 of this Declaration or for any other reasons specifically authorized by the provisions of this Declaration. A Reimbursement Assessment shall include any costs, including attorneys' fees, incurred by the Association, including costs of collecting from an Owner any amount which the Owner is obligated to pay to the Association. A Reimbursement Assessment shall be due and payable to the Associ ation when levied. 6.8 Enforcement Assessments. The Board may levy an Enforcement Assessment (and any fine imposed by the Board in accordance with the provisions of the Governing Documents shall be deemed to be such an Enforcement Assessment), for violation of any of the provisions of the Governing Documents. Any Enforcement Assessment shall be due and pay able to the Association when levied. Baden Condos Inman Law Group, LLP - 24 -1/22/19 v3 6.9 Failure to Fix Assessments. The failure or omission by the Board to fix or levy any Regular Assessment provided for by the terms of this Declaration before the expiration of any fiscal year, for that fiscal year or the next fiscal year, shall not be deemed either a waiver or a modification in any respect of the provisions of this Declaration, or a release of any Owner from the obligation to pay Assessments or any installment thereof for that or any subsequent year, but the amount of the Regular Assessment fixed for the preceding fiscal year shall be the amount of the Regular Assessment for the ensuing fiscal year until a new Regular Assessment is levied. 6.10 Offsets. Except as permitted by subsections 6.5(f) and (g), all Assessments levied by the Board shall be payable in the full amount specified, including any Additional Charges imposed as provided by the terms of this Declaration, and no offsets against any such amounts shall be permitted for any reason whatsoever, including without limitation a claim that the Association has failed to properly exercise its duties of maintenance or enforcement. 6.11 Delinquent Assessments. Any installment or other portion of an Assessment not paid within fifteen (15) days after its due date shall be delinquent and shall be subject to interest and late charges not to exceed the maximum rate permitted by law. In addition, interest on all sums imposed in accordance with this Article, including the delinquent Assessments, reasonable fees and costs of collection, and reasonable attorneys' fees, at an annual interest rate not to exceed twelve percent (12%), shall commence thirty (30) days after the Assessment becomes due. The Association may Record a lien against an Owner's Unit for delinquent Assessments and all Additional Charges as provided in Section 6.12, below, and in accordance with the Davis-Stirling Common Interest Development Act, California Civil Code Section 4000 et seq. 6.12 Assessment Liens. (a)Notice of Collection and Lien Enforcement Procedure. At least thirty (30) days prior to Recording a lien upon an Owner's Unit to collect an Assessment debt that is past due under this Article 6, the Association shall notify the Owner in writing by certified mail of the following: (i)A general description of the Association's collection and lien enforcement procedures and the method of calculation of the amount, a statement that the Owner has the right to inspect the Association records, pursuant to California Civil Code Section 5205, and the following statement in 14-point boldface type, if printed, or in capital letters, if typed: "IMPORTANT NOTICE: IF YOUR SEPARATE INTEREST IS PLACED IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR ASSESSMENTS, IT MAY BE SOLD WITHOUT COURT ACTION." (ii)An itemized statement of the Assessments and Additional Charges owed by the Owner, including items on the statement which indicate the amount of any delinquent Assessments, the fees and reasonable costs of collection, reasonable attorneys' fees, any late charges, and interest, if any. (iii)A statement that the Owner shall not be liable to pay the charges, interest, and costs of collection, if it is determined the Assessment was paid on time to the Association. Baden Condos Inman Law Group, LLP - 25 -1/22/19 v3 (iv)The right to request a meeting with the Board by submitting a written request to meet with the Board to discuss a payment plan for the Assessment and Additional Charges debt noticed pursuant to subsection 6.12(a)(ii). (v)The right of the Owner to dispute the Assessment and Additional Charges debt by submitting a written request for dispute resolution to the Association pursuant to the Association's "meet and conf er" program. (vi)The right of the Owner to request alternative dispute resolution with a neutral third party before the Association may initiate foreclosure against the Owner's Unit, except that binding arbitration shall not be available if the Association intends to initiate a judicial foreclosure. (vii)A statement that an Owner may, but is not obligated to, pay under protest any disputed charge or sum levied by the Association, including, but not limited to, an assessment, fine, penalty, late fee, collection cost, or monetary penalty imposed as a disciplinary measure, and by so doing, specifically reserve the right to contest the disputed charge or sum in court or otherwise. (b)Payments Made by Owner. Any payments made by the Owner toward the debt set forth shall first be applied to the Assessments owed, and, only after the Assessments owed are paid in full shall the payments be applied to the Additional Charges. When an Owner makes a payment, the Owner may request a receipt and the Association shall provide it. The receipt shall indicate the date of payment and the person who received it. The Association shall provide a mailing address for overnight payment of Assessments. (c)Owner's Authority to Bring Small Claims Action. If a dispute exists between the Owner of a Unit and the Association regarding any disputed charge or sum levied by the Association, including, but not limited to, an assessment, fine, penalty, late fee, collection cost, or monetary penalty imposed as a disciplinary measure, and the amount in dispute does not exceed the jurisdictional limits stated in California Code of Civil Procedure Sections 116.220 and 116.221, the Owner of the Unit may, in addition to pursuing dispute resolution pursuant to California Civil Code Section 5900 et seq., pay under protest the disputed amount and all other amounts levied, including any fees and reasonabl e costs of collection, reasonable attorneys' fees, late charges, and interest, if any, pursuant to California Civil Code Section 5650(b), and commence an action in small claims court pursuant to California Code of Civil Procedure Section 116.110 et seq. Nothing in this subsection shall impede the Association's ability to collect delinquent assessments as provided in California Civil Code Section 5700 et seq. (d)Meet and Confer Program. Prior to Recording a lien for delinquent Assessments, the Association shall offer the Owner and, if so requested by the Owner, participate in dispute resolution pursuant to the Association's "meet and confer" program or alternative dispute resolution with a neutral third party. The decision to pursue dispute resolution or a particular type of alternative dispute resolution shall be the choice of the Owner, except that binding arbitration shall not be available if the Association intends to initiate a judicial foreclosure. Baden Condos Inman Law Group, LLP - 26 -1/22/19 v3 (e)Decision to Record a Lien. The decision to Record a lien for delinquent Assessments, which is otherwise permitted by this Section 6.12, shall be made only by the Board and may not be delegated to an agent of the Association. The Board shall approve the decision by a majority vote of the Directors in an open meeting. The Board shall record the vote in the minutes of that meeting. (f)Payment Plan. An Owner may submit a written request to meet with the Board to discuss a payment plan for the debt noticed. The Association shall provide the Owners the standards for payment plans, if any exist. The Board shall meet with the Owner in executive session within forty-five (45) days of the postmark of the request, if the request is mailed within fifteen (15) days of the date of the postmark of the notice, unless there is no regularly scheduled Board Meeting within that period, in which case the Board may designate a committee of one (1) or more Directors to meet with the Owner. Payment plans may incorporate any Assessme nts that accrue during the payment plan period. Payment plans shall not impede an Association's ability to Record a lien on the Owner's Unit to secure payment of delinquent Assessments. Additional late fees shall not accrue during the payment plan period if the Owner is in compliance with the terms of the payment plan. In the event of a default on any payment plan, the Association may resume its efforts to collect the delinquent Assessments from the time prior to entering into the payment plan. (g)Recordation of the Notice of Delinquent Assessment. The amount of the Assessment, plus any Additional Charges shall be a lien on the Owner's Unit from and after the time the Association causes to be Recorded, a Notice of Delinquent Assessment, which shall state the amount of the Assessment and Additional Charges imposed, a legal description of the Unit against which the Assessment and Additional Charges are levied, and the name of the Record Owner of the Unit against which the lien is imposed. The itemized statement of the charges owed by the Owner shall be Recorded together with the Notice of Delinquent Assessment. (i)The Notice of Delinquent Assessment shall state the name and address of the trustee authorized by the Association to enforce the lien by sale. (ii)The Notice of Delinquent Assessment shall be signed by the President of the Association. (iii)A copy of the Recorded Notice of Delinquent Assessment shall be mailed by certified mail to every person whose name is shown as an Owner of the Unit in the Association's records, and the notice shall be mailed no later than ten (10) calendar days after Recordation. (iv)Within twenty-one (21) days of the payment of the sums specified in the Notice of Delinquent Assessment, the Association shall Record or cause to be Recorded a lien release or notice of rescission and provide the Owner of the Unit a copy of the lien release or notice that the delinquent Assessment has been sat isfied. (h)Assessment Liens for Repair of Common Areas. Unless otherwise permitted by law, a Reimbursement Assessment imposed by the Association as a means of reimbursing the Association for costs incurred by the Association in the repair of damage to Common Areas and facilities for which the Member or the Member's guests or tenants were responsible may not be characterized nor treated as an Assessment that may become a lien against the Member's Unit enforceable by the sale of the interest pursuant to Section 6.13, below. Baden Condos Inman Law Group, LLP - 27 -1/22/19 v3 (i)Enforcement Assessments and Penalties. An Enforcement Assessment or monetary penalty imposed by the Association as a disciplinary measure for failure of a Member to comply with the Governing Documents, except for late payments of Assessments, may not be characterized nor treated as an Assessment that may become a lien against the Member's Unit enforceable by the sale of the interest pursuant to Section 6.13, below. (j)Assignment of the Association's Lien Right. The Association may not voluntarily assign or pledge the Association's right to collect payments or Assessments, or to enforce or foreclose a lien to a third party, except when the assignment or pledge is made to a financial institution or lender chartered or licensed under Federal or State law, when acting within the scope of that charter or license, as security for a loan obtained by the Association; however, the foregoing provision may not restrict the right or ability of the Association to assign any unpaid obligations of a former Member to a third party for purposes of collection. After the expiration of thirty (30) days following the Recording of a lien, the lien may be enforced in any manner permitted by law, including sale by the court, sale by the trustee designated in the Notice of Delinquent Assessment, or sale by a trustee substituted pursuant to California Civil Code Section 2934a. Any sale by the trustee shall be conducted in accordance with California Civil Code Sections 2924, 2924b, and 2924c applicable to the exercise of powers of sale in mortgages and deeds of trust. The fees of a trustee may not exceed the amounts prescribed in California Civil Code Sections 2924c and 2924d, plus the cost of service for either of the following: (i)The notice of default pursuant to California Civil Code Section 5710(b). (ii)The decision of the Board to foreclose upon an Owner's Unit as described in California Civil Code Section 5705(d). (k)Actions Against Owners. Nothing in this Section or in California Code of Civil Procedure Section 726(a) prohibits actions against the Owner of a Unit to recover sums for which a lien is created pursuant to this Section or prohibits the Association from taking a deed in lieu of foreclosure. (l)Lien Recorded in Error. If it is determined that a lien previously Recorded against a Unit was Recorded in error, the Association shall, within twenty-one (21) calendar days, Record or cause to be Recorded a lien release or notice of rescission and provide the Owner of the Unit with a declaration that the lien filing or Recording was in error and a copy of the lien release or notice of rescission. (m)Notice of Default. A notice of default shall be served by the Association on the Owner's legal representative, in accordance with the manner of service of summons pursuant to California Code of Civil Procedure Section 415.10 et seq. The Owner's legal representative shall be the person whose name is shown as the Owner of a Unit in the Association's records, unless the Owner in writing, delivered to the Association in a manner that indicates that the Association receives it, designates another person as hi s or her legal representative. (n)Secondary Address. Upon receipt of a written request by an Owner identifying a secondary address for purposes of collection notices, the Association shall send additional copies of any notices required by this Section to the secondar y address provided. The Association shall notify Owners of their right to submit secondary addresses to the Association, at the time the Association issues the pro forma operating budget pursuant to California Civil Code Section 5300(a). Baden Condos Inman Law Group, LLP - 28 -1/22/19 v3 The Owner's request shall be in writing and shall be mailed to the Association in a manner that shall indicate the Association has received it. The Owner may identify or change a secondary address at any time, provided that, if a secondar y address is identified or changed during the collection process, the Association shall only be required to send notices to the indicated secondary address from the point the Association receives the request. (o)Failure to Comply with Procedures. If the Association fails to comply with the procedures set forth in this Section, the Association shall, prior to Recording a lien, recommence the required notice process. Any costs associated with recommencing the notice process shall be borne by the Association and not by the Owner of the Unit. (p)Collection of Delinquent Assessments. If the Association seeks to collect delinquent Regular Assessments or Special Assessments of an amount less than One Thousand Eight Hundred Dollars ($1,800), not including any accelerated assessments, and Additional Charges, the Association shall not collect that debt through judicial or nonjudicial foreclosure, but may attempt to collect or secure that debt in any of the following ways: (i)By a civil action in small claims court. (ii)By Recording a lien on the Owner's Unit which the Association may not foreclose until the amount of the delinquent assessments secured by the lien, exclusive of any accelerated assessments, and Additional Charges, equals or exceeds One Thousand Eight Hundred Dollars ($1,800) or the Assessments secured by the lien are more than twelve (12) months delinquent. If the Board elects to Record a lien under these provisions, prior to Recording the lien, the Association shall offer the Owner and, if so requested by the Owner, participate in dispute resolution as set forth in California Civil Code Sect ion 5900. (iii)Any other manner provided by law, except for judicial or nonjudicial foreclosure. 6.13 Foreclosure of Association Assessment Liens. (a)Lien Foreclosure Conditions. Except for Assessments owed to the Association by Declarant, if the Association seeks to collect delinquent Regular Assessments or Special Assessments of an amount of One Thousand Eight Hundred Dollars ($1,800) or more, not including any accelerated assessments, or Additional Charges, or any Assessments secured by the lien that are more than twelve (12) months delinquent, the Association may use judicial or non-judicial foreclosure subject to the following conditions: (i)Meet and Confer Program. Prior to initiating a foreclosure on an Owner's Unit, the Association shall offer the Owner and, if so requested by the Owner, participate in dispute resolution pursuant to the Association's "meet and confer" program. The decision to pursue dispute resolution or a particular type of alternative dispute resolution shall be the choice of the Owner, except that binding arbitration shall not be available if the Association intends to initiate a j udicial foreclosure. (ii)Decision to Foreclose. The decision to initiate foreclosure of a lien for delinquent Assessments that has been validly Recorded shall be made only by the Board and may not be delegated to an agent of the Association. The Board shall approve the decision by a majority vote of the Directors in an executive session. The Board shall record the vote Baden Condos Inman Law Group, LLP - 29 -1/22/19 v3 in the minutes of the next meeting of the Board open to all Members. The Board shall maintain the confidentiality of the Owner or Owners of the Unit by identifying the matter in the minutes by the Owner's Unit number as shown on the Condominium Plan, rather than the name of the Owner or Owners. A Board vote to approve foreclosure of a lien shall take place at least thirty (30) days prior to any public sale. (iii)Notice. The Board shall provide notice by personal service in accordance with the manner of service of summons pursuant to California Code of Civil Procedure Section 415.10 et seq., to an Owner of a Unit who is a Resident of the Unit or to the Owner's legal representative, if the Board votes to foreclose upon the Unit. The Board shall provide written notice to an Owner of a Unit who is not a Resident of the Unit by first-class mail, postage prepaid, at the most current address shown on t he books of the Associ ation. In the absence of written notification by the Owner to the Association, the address of the Unit may be treated as the Owner's mailing address. (iv)Right of Redemption. A nonjudicial foreclosure by the Association to collect upon a debt for delinquent Assessments shall be subject to a right of redemption. The redemption period within which the Unit may be redeemed from a foreclosure sale under this subsection ends ninety (90) days after the sale. In addition to the requirements of California Civil Code Section 2924f, a notice of sale in connection with the Association's foreclosure of a Unit shall include a statement that the Unit is being sold subject to the right of redemption created by California Civil Code Section 5715(b). (b)Declarant Exception. The limitation on foreclosure of Assessment liens for amounts under the stated minimum in this Section does not apply to Assessments owed by Declarant. (c)Recordation of Lien in Error. If it is determined through dispute resolution pursuant to the Association's "meet and confer" program or alternative dispute resolution with a neutral third party that the Association has Recorded a lien for a delinquent Assessment in error, the Association shall promptly reverse all Additional Charges, costs imposed for the notice, and costs of Recordation and release of the lien and pay all costs related to the dispute resolution or alternative dispute resolution. (d)Small Claims Court. The Association may appear and participate in a small claims action through an agent, a management company representative, or bookkeeper who appears on behalf of the Association. 6.14 Priority. The lien of the Assessments provided for under this Article, including interest and costs (including attorneys' fees), shall be prior and superior to (a) any declaration of homestead Recorded after the Recordation of this Declaration, and (b) all other liens, except (1) all taxes, bonds, assessments and other levies which, by law, would be superior thereto, and (2) the lien or charge of any First Mortgage of Record made in good faith and for value and Recorded prior to the date on which a lien against the respective Unit was Recorded. Sale or transfer of any Unit shall not affect the Assessment lien. However, the sale or transfer of any Unit pursuant to judicial or nonjudicial foreclosure of a First Mortgage shall extinguish the lien of such Assessments as to payments which became due prior to such sale or transfer. Such foreclosure sale shall not relieve such property from liability for any Assessments and Additional Charges thereafter becoming due, nor from the lien of any subsequent Assessment. Baden Condos Inman Law Group, LLP - 30 -1/22/19 v3 6.15 Association Funds. All Association accounts shall be maintained in one (1) or more banks or other depositories selected by the Board, which accounts shall be clearly designated as belonging to the Association. The Assessments collected by the Association shall be properly deposited into such accounts. The Assessments collected by the Association shall be used for the purposes set forth in Section 6.3, above. 6.16 Waiver of Exemptions. Each Owner, to the extent permitted by law, does hereby waive, to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption laws of the State of California in effect at the time any Assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the terms of this Article. 6.17 Trustee's Deed Upon Sale. The Association may Record a request that a Mortgagee, trustee, or other person authorized to Record a notice of default regarding any Unit mail to the Association a copy of any trustee's deed upon sale concerning the Unit. The request shall include the legal descriptions or the assessor 's parcel numbers of the Units, the name and address of the Association, and a statement that it is a homeowners' association. Subsequent requests of the Association shall supersede prior requests. The request shall be Recorded before the filing of a notice of default. The Mortgagee, trustee, or other authorized person shall mail the requested information to the Association within fifteen (15) business days following the date the trustee's deed is Recorded. ARTICLE 7 MAINTENANCE OF PROPERTY 7.1 Association Maintenance Responsi bility. (a)Common Area, Generally. Except as specified in Section 7.4, the Association shall maintain, repair and replace the Common Area and all facilities, Improvements, and landscaping thereon, including without limitation (i) the common private drive and carports, (ii) the walks and paths, (iii) the sanitary sewer, water, storm drainage, electrical and other utility lines located within the Common Area up until the point that they serve a single Unit, (iv) the mailboxes, and (v) all other real and personal property that may be acquired or controlled by the Association, keeping such property in good condition and repair. The Association shall be responsi ble for providing lighting, landscaping, gardening, and janitorial services for the Common Area and shall cause any and all other acts to be done which may be necessary to assure the maintenance of the Common Area in good condition and repair, including painting of the exterior surfaces of the buildings and such other portions of the Common Area as the Board, in its discretion, determines to be necessary. The Board shall have the discretion to determine the nature, extent and level of care to be performed by the Association in discharging its obligations under this Article. (b)Non-Exclusive List of Association Maintenance Components. The Association's responsibility pursuant to this Section shall include, without limitation, the maintenance, repair and replacement of the following elements within the Development: (i)The exterior surfaces (excluding windows and doors), framing and structural components of the buildings containing the Units, but excluding the surfaces of the decks. (ii)The roof coverings, roof structures, gutters, downspouts and carports within the Common Areas. (iii)The structure components of the perimeter walls or fences of any Exclusive Use Common Area private decks, as well as the driveway and trash storage areas. Baden Condos Inman Law Group, LLP - 31 -1/22/19 v3 (iv)The walls and fences facing the Common Area. (v)All landscaping. (vi)The sanitary sewer, water, storm drain, electrical and other utility lines located within the Common Area up until the point that they serve a single Unit. (vii)The mailboxes. (viii)The fire sprinkler system, fire sprinkler monitoring system, fire extinguishers in Common Areas, and all associated fire protection equipment, including all sprinkler heads in the system. (ix)The Association shall adopt an inspection and maintenance manual for the periodic inspection and maintenance of the Common Area. Such maintenance inspection may be undertaken by a qualified reserve study analyst as part of the Association statutory reserve study requirement. The Board may, from time to time, make appropriate revisions to any maintenance manual based on the Board's review thereof, to update such manual to provide for maintenance according to current industry practices so long as such changes do not reduce the useful life or functionality of the items being maintained. 7.2 Authority for Entry of Unit or Exclusive Use Common Area. The Association or its agents may enter any Unit or any portion of Exclusive Use Common Area whenever such entry is necessar y, in the Board's sole discretion, in connection with the performance of any maintenance, repair, construction, or replacement for which the Board is responsible or which it is authorized to perform, including without limitation the authorization provided in Section 7.6. Although under no obligation to do so, the Board, in its complete and sole discretion, may enter or may authorize the Association's agents to enter any Unit or any portion of Exclusive Use Common Area to effect emergency repairs where such repairs are necessary for safety reasons or to prevent or discontinue damage to the entered Unit or Exclusive Use Common Area, any other Unit or the Common Area. The cost of performing any such emergency repairs shall be charged to the Owner as a Reimbursement Assessment. Such entry shall be made with as little inconvenience to the Residents as practicable and, with respect to entry into a Unit, only upon reasonable advance written notice of not less than twenty-four (24) hours, except in emergency situations. 7.3 Association Liability. Except as specifically provided in this Article, the Association shall not be responsible or liable for any maintenance, repair, or replacement of a Unit or Exclusive Use Common Area or any Improvement thereon, except to the extent that the need for such maintenance, repair, or replacement results from the negligence or fault of the Association, its employees, contractors, or agents. 7.4 Owner Maintenance Responsi bility. (a)Unit Interior. Each Owner shall maintain, repair, and replace his or her Unit, including without limitation the finished surfaces of the interior walls, ceilings, and floors of the Unit, keeping the same in a clean, sani tary, workable and attractive condition. (b)Unit Doors and Windows. Each Owner shall clean, maintain, repair and replace all doors, windows, window panes and all screens, serving his or her Unit, including door and window frames. Baden Condos Inman Law Group, LLP - 32 -1/22/19 v3 (c)Garage and Carport. Each Owner having a garage shall clean, maintain, repair and replace the interior of the garage, including the garage door and the garage door opener, serving his or her Unit. Each Owner having a carport shall keep the carport area in a clean and swept condition. (d)Fixtures and Appliances. Each Owner shall maintain, repair and replace the internal installations, appliances, equipment, and other features servicing his or her Unit, even though located wholly or partly outside of such Unit, including without limitation (i) garbage disposals, (ii) hot water heaters, (iii) ranges, refrigerators, freezers, dishwasher s and other kitchen appliances, (iv) clothes washing machines and dryers, (v) light fixtures and light bulbs, (vi) heating, ventilation and air conditioning units, condensers and equipment, (vii) showers, bathtubs, sinks and toilets, (viii) sewer, water, electrical and other utility lines from the point that they serve only such unit, (ix) solar devices, and (x) telephone facilities. If an Owner removes or permits the removal of any stair railings serving any Unit, the Owner shall be solely responsible for the replacement or reinstallation of such railings. (e)Decks. Each Owner shall keep the deck area contained within his or her Unit in a clean, swept condition. Except with the prior written consent of the Board, no Owner shall modify or alter the material or appearance of the exterior side of a deck fence or wall which faces the Common Area, and any replacement of a fence or wall shall utilize the same materials as originally installed by Declarant. 7.5 Interior Decorations. Except as limited by Section 5.2, above, each Owner shall have complete discretion as to furniture, furnishings, and interior decorating of the interior of his or her Unit and shall have the exclusive right to paint, plaster, panel, tile, wax, paper, or otherwise refinish and decorate the interior surfaces of the walls, ceilings, floors, and doors bounding his or her Unit, and to substitute new finished surfaces for the finished surfaces existing on the walls, ceilings, floors, and doors, including, without limitation, substitution of paint for paper or paper for paint, substitution of any type of panel for plaster or plaster for paneling, substitution of tile for paneling or paneling for tile, or substitution of wood for linoleum or tile or of linoleum or tile for wood. Notwithstanding the preceding, no Owner shall do anything in or about his or her Unit that will affect the structural integrity of the building in which it is located. 7.6 Board Discretion. The Board shall have the absolute discretion to determine whether any maintenance, repair, or replacement, which is the responsibility of an Owner, is necessary to preserve the appearance and value of the property within the Development or any portion thereof and may notify an Owner of the work the Board deems necessar y. In the event an Owner fails to perform such work within sixty (60) days after notification by the Board to the Owner, the Board may, after written notice to the Owner, and the right of a hearing before the Board, cause such work to be done and charge the cost thereof to the Owner as a Reimbursement Assessment 7.7 Wood Destroying Pests and Organisms. The Association shall be responsi ble for all costs involved in operating the inspection and preventive program as well as repairing and replacing the Common Area and Improvements thereon when the need for such maintenance, repair or replacement is the result of wood destroying pests or organisms. Each Owner shall be responsible for all costs involved in repairing and replacing the Improvements, fixtures, appliances, and personal property within a Unit when the need for such maintenance, repair or replacement is the result of wood destroying pests or organisms. If the Association adopts an inspection and preventive program for the prevention and eradication of infestation by wood destroying pests and organisms, the Association, on no less than fifteen (15) nor more than thirty (30) days notice, may require each Owner and any occupants of the Owner's Unit to vacate such Unit to accommodate Association efforts to eradicate such infestation. The notice must state the reason for the temporary relocation, the date and time of the beginning of treatment, the anticipated date and time of termination of Baden Condos Inman Law Group, LLP - 33 -1/22/19 v3 treatment, and that the Occupants will be responsible for their own accommodations during the temporary relocation. Any damage caused to a Unit by such entry by the Association or by any person authorized by the Association shall be repaired by the Associ ation at its expense. 7.8 Mold Contamination. (a)Association Maintenance Obligations. In order to reduce the presence of molds, fungi, spores, pollens, other botanical substances, or other allergens (collectively, "mold") within the Development, the Association shall adopt and implement a mold inspection and prevention program which shall include the following steps: (i)Inspect the Common Area not less frequently than annually to check for water leaks, moisture collection, or other breaches of the watertight integrity of the Common Area and for the presence of mold; (ii)If any water leaks, moisture collection, or mold is detected, immediately take appropriate corrective action to repair the Common Area and remove the mold; (iii)Maintain proper ventilation and humidity levels within enclosed Common Areas to reduce the risk of mold; (iv)Periodically inspect the irrigation system to ensure proper water use and to correct any leaks, misdirected, or excessive watering; (v)Periodically inspect the ground surface around the foundations of Condominium buildings to ensure that no water is pooling near the foundations; maintain rain gutters and roof drainage systems in a clean and proper operating condition at all times; and (vi)Take such other prudent steps as may be appropriate to prevent mold and eliminate any existing mold in the Common Areas. (b)Owner Maintenance Obligations. In order to reduce the presence of molds, fungi, spores, pollens, other botanical substances, or other allergens (collectively, "mold") within the Development, each Owner shall adopt and implement a mold inspection and prevention program which shall include the following steps: (i)Inspect the Unit not less frequently than quarterly to check for water leaks, moisture collection, or other breaches of the watertight integrity of the Unit and for the presence of mold; (ii)If any water leaks, moisture collection, or mold is detected, immediately take appropriate corrective action to repair and remove the mold; (iii)Maintain proper ventilation and humidity levels (particularly in bathrooms and kitchens) within the Unit to reduce the risk of mold; (iv)Periodically inspect the water fixtures and refrigerator condensat ion pans for the presence of mold; Baden Condos Inman Law Group, LLP - 34 -1/22/19 v3 (v)Replace HVAC filters semiannually or as recommended by the manufacturer; and (vi)Take such other prudent steps as may be appropriate to prevent mold and eliminate any existing mold in the Unit. (c)Owner's Cooperative Maintenance Obligations. In the event of any water leak or overflow within a Unit or its Exclusive Use Common Area, the Owner of such Unit shall cooperate with the Association and the other Unit Owners in the inspection and correction of the problem. Cooperation shall include access to the Unit and Exclusive Use Common Area to inspect and repair the problem. 7.9 Owner Liability. In the event the need for any maintenance, repair, or replacement by the Association is caused by the willful or negligent act or omission of an Owner, members of any Owner's household, or an Owner's tenants, guests, invitees, or household pets, the cost of such maintenance, repair, or replacement, including the cost of materials, labor, supplies, and services shall be charged to, and paid by, such Owner in the form of a Reimbursement Assessment. 7.10 Cooperative Maintenance Obligations. To the extent necessar y or desirable to accomplish the Owners and the Association's maintenance and repair obligations hereunder, individual Owners shall cooperate with each other and the Association and its agents and maintenance personnel in the prosecution of all work performed pursuant to this Article 7. 7.11 Owner Responsibility for Consequential Damage. Except as provided by Article 11 of this Declaration, an Owner is responsi ble for the cost of repair of those portions of the Owner's Unit which are required to be maintained by the Owner pursuant to Section 7.4, above, those portions of Common Area which are to be maintained by the Owners, and the fixtures and personal property located on the Owner's Unit and within any Exclusive Use Common Area, even if the cause of the damage originates from a source maintained by the Association, unless the cause is the gross negligence of the Association or its agents. As an example, water damage to the interior of a Unit that is caused by a leak in the roof is the responsibility of the Owner even though the repair of the roof is the responsibility of the Association. 7.12 Inspections. (a)Common Area Inspections. The Association shall regularly inspect, maintain and repair the landscaping, irrigation, drainage systems serving or within and any Improvements constructed upon the Common Area in accordance with any Association's maintenance manual. The Association shall employ the services of a professional landscape architect, maintenance contractor or other such professional person to assist the Association in performing such inspections. The inspector shall provide written reports of their inspections to the Association and, if requested by the Declarant, to the Declarant promptly following completion thereof. If requested by Declarant, Declarant shall be invited to attend any such inspections. The written reports shall identify any items of maintenance or repair which either require current action by the Association or will need further review and analysis. Such written reports shall specifically include a review of all irrigation and drainage systems within the Common Area. The Board shall report the contents of such written reports to Declarant (if not already provided by the inspector directly) if so requested by Declarant and to the Members at the next meeting of the Members following receipt of such written reports or as soon thereafter as reasonably practicable and shall include such written reports in the minutes of the next regularly scheduled Board meeting. The Board shall promptly cause all matters Baden Condos Inman Law Group, LLP - 35 -1/22/19 v3 identified as requiring attention to be maintained, repaired, or otherwise pursued in accordance with prudent business practices and the recommendations of the inspectors and shall keep a record of all such matters in the Board's minutes. (b)Unit Inspections. Should such inspector require the inspection of any Unit, there is hereby created a nonexclusive easement in favor of the Association, and its officers, agents, employees and independent contractors, in accordance with Section 7.6, above, and Section 9.4, below, to conduct such inspections and to provide such maintenance, repair and replacement. Any damage to any structure, landscapi ng or other improvements caused by the Association, or any of its officers, agents, employees or independent contractors, while performing such maintenance, repair or replacement work shall be repaired by the Association at its sole cost and expense. ARTICLE 8 INSURANCE 8.1 Types of Insurance Coverage. The Association shall, at the discretion of the Board, purchase, obtain and maintain the following types of insurance, if and to the extent they are available at a reasonable premium cost: (a)Property Insurance. The Association shall obtain and maintain a master or blanket policy of property insurance, written on all risk, replacement cost basis, that satisfies all of the following conditions: (i)Property Covered. The policy shall cover the following real and personal property: (A)Common Area. All Common Area Improvements, including the building and any additions or extensions thereto; all fixtures, machinery and equipment permanently affixed to the building and not located within a Unit; fences; monuments; lighting fixtures; exterior signs; and personal property owned or maintained by the Association; but excluding land; foundations; excavations; and other items typically excluded from property insurance coverage; and (B)Units. To the extent the Board is required to comply with the Governmental Lender Requirements described in Section 8.7, below and Article 12, below, the policy shall cover the standard fixtures originally installed within a Unit by the Declarant and any equivalent replacements thereto, including, but not limited to, interior walls and doors; ceiling, floor and wall surface materials (e.g., paint, wallpaper, mirrors, carpets, and hardwood floors); utility fixtures (including gas, electrical and plumbing); cabinets; built-in appliances; heating and air-conditioning systems; water heaters installed as a part of the original construction of the Unit and any equivalent replacements thereto; but excluding any personal property located in the Unit; and excluding any Improvements or upgrades to any of the foregoing to the extent the replacement cost of any such Improvement or upgrade made after completion of the original construction of the Unit exceeds the replacement cost immediately before the installation of the Improvement or upgrade. (ii)Covered Cause of Loss. The policy shall provide coverage against losses caused by fire and all other hazards normally covered by a "special form" policy or its equivalent. Baden Condos Inman Law Group, LLP - 36 -1/22/19 v3 (iii)Dollar Limit. The dollar limit of the policy shall not be less than the full replacement value of the covered property described in subsection 8.1(a)(i), above, provided that there may be lower dollar limits for specified items as is customarily provided in property insurance policies. (iv)Primary. The policy shall be primary and non-contributing with any other insurance policy covering the same loss. (v)Endorsements. The policy shall contain the following endorsements or their equivalents: agreed amount, boiler and machinery (to the extent applicable), inflation guard, plate glass, ordinance or law, and replacement cost, and such other endorsements as the Board in its discretion shall elect. (vi)Waiver of Subrogation. The policy shall waive all subrogation rights against Declarant, any other Owner or occupant and their family members, guests and invitees. (vii)Deductible. The amount of any deductible shall be paid by the Association and/or Owner pursuant to guidelines adopt ed by the Board. (b)General Liability Insurance. To the extent such insurance is reasonably obtainable, a policy of comprehensive general liability insurance naming as parties insured the Association, each Director, any manager, the Owners and occupants of Units, Mortgagees and such other persons as the Board may determine. The policy will insure each named party against any liability incident to the ownership and use of the Common Area and including, if obtainable, a cross-liability or severability of interest endorsement insuring each insured against liability to each other insured. The limits of such insurance shall not be less than Two Million Dollars ($2,000,000.00) covering all claims for death, personal injury and property damage arising out of a single occurrence. Such insurance shall include coverage against water damage liability, liability for nonowned and hired automobiles, liability for property of others and any other liability or risk customarily covered with respect to common interest development projects similar in construction, location, facilities, and use. (c)Director's and Officer's Liability Insurance. To the extent such insurance is reasonably obtainable the Association shall maintain individual liability insurance for its Directors and officers providing coverage for negligent acts or omissions in their official capacities. The minimum coverage of such insurance shal l be at least One Million Dollars ($1,000,000.00). (d)Additional Insurance and Bonds. To the extent such insurance is reasonably obtainable, the Association may also purchase such additional insurance and bonds as it may, from time to time, determine to be necessary or desirable, including, without limiting the generality of this subsection, demolition insurance, flood insurance, earthquake insurance, and workers' compensation insurance. The Board shall also purchase and maintain fidelity bonds or insurance in an amount not less than three months of operating expenses and one hundred percent (100%) of the Association's reserves and shall contain an endorsement of any person who may serve without compensation. The Board shall purchase and maintain such insurance on personal property owned by the Association and any other insurance, including Directors and officers liability insurance, that it deems necessary or desirable. Baden Condos Inman Law Group, LLP - 37 -1/22/19 v3 8.2 Board Authority to Alter Coverage. Subject to the provisions of Section 8.7, below, and provided the Board maintains at least the minimum types and amounts of insurance coverage required by California Civil Code Section 5800 et seq., the Board shall have the power and right to deviate from the insurance requirements contained in this Article in any manner that the Board, in its discretion, considers to be in the best interests of the Association. If the Board elects to materially reduce the coverage from the coverage required in this Article, the Board shall make all reasonable efforts to notify the Members of the reduction in coverage and the reasons therefor at least thirty (30) days prior to the effective date of the reduction. 8.3 Copies of Policies. Copies of all insurance policies (or certificates thereof showing the premiums thereon have been paid) shall be retained by the Association and shall be available for inspection and copy by Owners and their Mortgagees at any reasonable time. 8.4 Individual Owner's Property Insurance. Each Owner shall purchase and at all times maintain a HO-6 policy of personal liability and property insurance insuring the Owner's Unit, any upgrades or additions to any fixtures or Improvements to the Owner's Unit, and personal property. Renters shall maintain an HO-4 policy to protect their personal property against loss. The Association's insurance policies will not provide coverage against any of the foregoing. Any insurance maintained by an Owner must contain a waiver of subrogation rights by the insurer as to the Declarant, other Owners, the Association, and any Mortgagee of the Owner's Unit. 8.5 Trustee. All insurance proceeds payable under Section 8.1, above, may, in the discretion of the Board, be paid to a trustee to be held and expended for the benefit of the Owners, Mortgagees and others, as their respective interests shall appear. Said trustee shall be a commercial bank in the County that agrees in writing to accept such trust. 8.6 Adjustment of Losses. The Board is appointed attorney-in-fact by each Owner to negotiate and agree on the value and extent of any loss under any policy carried pursuant to Section 8.1, above. The Board is granted full right and authority to compromise and settle any claims or enforce any claim by legal action or otherwise and to execut e releases i n favor of any insured. 8.7 Governmental Lender Requirements. Notwithstanding anything herein to the contrary, the Association shall maintain such policies, containing such terms, amount of coverage, endorsements, deductible amounts, named insureds, loss payees, standard mortgage clauses, notice of changes or cancellation, and an appropriate insurance company rating that shall satisfy the minimum requirements imposed by the FANNIE MAE, FREDDIE MAC, FHA, or VA or any successor thereto. If such requirements conflict, the more stringent requirements shall be met. In the event the Board is provided notice that any required insurance policy does not satisfy the minimum requirements imposed by FANNIE MAE, FREDDIE MAC, FHA, or VA or any successor thereto, the Board shall make all reasonable efforts to satisfy such minimum requirements within thirty (30) days of receiving such notice. ARTICLE 9 EASEMENTS 9.1 Easements in General. In addition to all easements reserved and granted on the Subdivision Map, Condominium Plan, and the easements specified in Articles 3 and 14, there are hereby specifically acknowledged, reserved and granted for the benefit of the Condominiums and the Owners in common and for each Condominium and Owner severally, and for the Association, as their respective interests shall exist, the easements and rights of way as particularly identified in this Article. Baden Condos Inman Law Group, LLP - 38 -1/22/19 v3 9.2 Utility Easements. Easements over and under the Development or any portion thereof for the installation, repair, maintenance, and replacement of (i) electric, telephone, telecommunications, water, gas, and sanitary sewer lines, meters, and facilities, (ii) cable lines and facilities, (iii) drainage facilities, (iv) walkways, and (v) landscaping, as shown on the Subdivision Map, and as may be hereafter required or convenient to service the Development, are reserved by and shall exist in favor of the Association, together with the right to grant and transfer the same. The Association shall maintain all utility installations located in the Common Area except for those installations maintained by utility companies, public, private, or municipal. 9.3 Easements Granted by Board. (a)Non-Exclusive Easements. The Board shall have the power to grant and convey to any person or entity non-exclusive easements and rights of way, in, on, over, or under the Common Area for the purpose of (i) constructing, erecting, operating, or maintaining thereon, therein, or thereunder overhead or underground lines, cables, wires, conduits, or other devices for electricity, cable television, power, telephone, telecommunications, public sewers, storm drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes, and any similar public or quasi- public improvements or facilities, and (ii) for any other purposes deemed by the Board to be appropriate and not inconsistent with the purposes and interests of the Association. Each Owner, in accepting a deed to a Unit, expressly consents to such easements and rights of way. No such easements may be granted if they would materially interfere with the use, occupancy, or enjoyment by an Owner of his or her Unit without the consent of the affected Owner of the Unit. (b)Exclusive Use Common Area Easements. Subject to the restrictions imposed by California Civil Code Section 4600, the Board shall have the authority to execute and Record a maintenance agreement designating portions of the Common Area as Exclusive Use Common Area, for the benefit of an appurtenant Unit, for the purpose of promoting an efficient division of the use and maintenance responsibilities between the Owners and the Association. A maintenance agreement may be made with any Owner of adjacent property, including Declarant. 9.4 General Association Easements for Maintenance, Repair and Replacement. The Association shall have an easement in, on, over or under every Condominium as reasonabl y necessary to (i) maintain and repair the Common Area, (ii) perform the Association's maintenance responsibilities as required by Section 7.1, (iii) perform maintenance upon a Condominium which is not performed by its Owner as provided by Section 7.2 and Section 7.6, and (iv) otherwise perform its obligations under this Declaration. 9.5 Utility Maintenance and Repair Easements. Wherever sanitary sewer connections or water connections or electricity, gas or telephone, telecommunications, television lines or drainage facilities are installed within the Development, which connections, lines or facilities, or any portion thereof, lie in or upon Condominiums owned by other than the Owner of the Condominium served by said connections, the Owners of any Condominiums served by said connections, lines or facilities shall have the right, and are hereby granted an easement to the full extent necessar y therefor, to enter such Condominiums or to have utility companies enter therein, or any portion thereof, to repair, replace and generally maintain said connections as and when the same may be necessar y. All utility companies having easements on the property covered by this Declaration shall have easements for cleaning, repairing, replacing, and otherwise maintaining or causing to be maintained service in all underground utility lines, including, when reasonably necessary, the entry into an improvement constructed upon a Condominium for uncovering any such lines. Any Owner or utility company exercising the rights granted in this Section shall be obligated to restore the Unit entered to substantially its former condition. Baden Condos Inman Law Group, LLP - 39 -1/22/19 v3 9.6 Encroachment Easements. The Common Area and each Unit within the Development is hereby declared to have an easement over all adjoining Units and the Common Area for the purpose of accommodating any minor encroachment due to engineering errors, errors in original construction, settlement or shifting of structures, or any other similar cause. There shall be valid easements for the maintenance of such encroachments as long as they shall exist. Notwithstanding the preceding, in no event shall a valid easement for encroachment be created in favor of an Owner or Owners if such encroachment occurred due to the wilful misconduct of such Owner or Owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Unit agree that minor encroachments over adjoining Units or Common Area shall be permitted and that there shall be valid easements for the maintenance of such encroachments so long as they shall exist. 9.7 Easements Reserved and Granted. Any and all easements referred to herein shall be deemed reserved or granted, or both reserved and granted, as appropriate, by reference to this Declaration in a deed to any Condominium. ARTICLE 10 ENFORCEMENT 10.1 Violations as Nuisance. Every act or omission constituting or resulting in a violation of any of the provisions of the Governing Documents shall be deemed to constitute a nuisance. In addition to any other remedies which may be available, such nuisance may be abated or enjoined by the Association, its officers, the Board or by any Owner. The Board shall not be obligated to take action to abate or enjoin a particular violation if, in the exercise of its discretion, the Board determines that acting to abate or enj oin such violation is not likely to foster or protect the interests of the Association and its Members as a whole. 10.2 Violation of Law. Any violation of a state, municipal or local law, ordinance or regulation pertaining to the ownership, occupancy, or use of any property within the Development is hereby declared to be a violation of this Declaration and subject to any and all of the enforcement procedures set forth herein. 10.3 Owners' Responsibility for Conduct and Damages. Each Owner shall be fully responsible for informing members of his or her household and his or her tenants, contractors and guests of the provisions of the Governing Documents, and shall be fully responsible for the conduct, activities, any Governing Document violation of any of them, and for any damage to the Development or the Association resulting from the negligent or intentional conduct of any of them or any household pets. If a Condominium is owned jointly by two (2) or more persons, the liability of each Owner in connection with the obligations imposed by the Governing Documents shall be joint and several. 10.4 No Avoidance. No Owner may avoid the burdens or obligations imposed by the Governing Documents through non-use of any Common Area facilities or by abandonment of his or her Condominium. 10.5 Rights and Remedies of the Associ ation. (a)Enforcement Rights. The Association, its Directors, officers, or agents, and any Owner shall have the right to enforce any and all provisions of the Governing Documents by any proceeding at law or in equity, or through the use of such other remedies as are available and deemed appropriate by the Board. Each remedy provided is cumulative and not exclusive. The Board shall not be obligated to take action to enforce a provision of the Governing Documents if, in the exercise of its discretion, the Board determines that acting to enforce the provision is not likely to foster or protect the interests of the Associ ation and its Members as a whole Baden Condos Inman Law Group, LLP - 40 -1/22/19 v3 (b)Member Not In Good Standing. Upon a determination by the Board, after prior notice to the affected Member and an opportunity for a hearing, that such Member has violated any provision of the Governing Documents including a failure to pay any Assessment when due, the Board shall give notice in writing to such Member that he or she is deemed not to be a Member in Good Standing. Such Member shall be deemed to remain in that status until such time as the Board shall determine in writing that the violation which resulted in the Board's determination has been cured or remedied or, on some other basis as in the judgment of the Board is just and proper, that such Member shall again be deemed to be a Member in Good Standing of the Association. Such Member shall be so notified in writing with a copy given to the Secretary. (c)Imposition of Sanctions. In the event of a breach or infraction of any provision of the Governing Documents by an Owner, members of an Owner's household, or his or her tenants, contractors, guests, pets or invitees, the Board shall have the power to impose sanctions against the Owner. Such sanctions may include, without limitation, the imposition of fines and/or the suspension of an Owner's rights as a Member, including an Owner's voting rights or an Owner's right to use the recreational or community facilities on the Common Area. Except as provided in Section 10.7, below, imposition of sanctions shall be effective only after the Board has held a hearing as provided in California Civil Code Section 5855(c). The payment of any such fine may be enforced as an Enforcement Assessment as provided in Section 6.8 of this Declaration as well as in any manner permitted by law. Further, each Owner shall be obligated to pay Reimbursement Assessments levied by the Board for reimbursement of any costs incurred by the Association relating to violation of any provisions of the Governing Documents by such Owner, members of such Owner's househol d, or his or her tenants, contractors, guests, pets or invitees. (d)Inadequacy of Legal Remedy. Except for the non-payment of any Assessment levied pursuant to the provisions of Article 6 of this Declaration, it is hereby declared that a remedy at law to recover damages for a default in the performance of any of the terms and provisions of any of the Governing Documents or for the breach or violation of any such provisions is inadequate and that the failure of any Owner or a member of the household of any Owner or an Owner's tenants, guests, or household pets or any other occupant or user of any of the property within the Development to comply with any provision of the Governing Documents may be enjoined in any judicial proceedings initiated by the Association, its officers or Board, or by any Owner or by their respective successor s in interest. (e)Limitation on Disciplinary Rights. The Associ ation shall not have the power and authority to cause a forfeiture or abridgment of a Member's right to the full use and occupancy of his or her Unit as the result of the failure by such Owner, members of such Owner's household, or his or her tenants, guests, invitees or household pets to comply with any provision of the Governing Documents, except where such forfeiture or abridgement is the result of the judgment of a court of competent jurisdiction, a deci sion arising out of an arbitration proceeding, or a foreclosure or sale under private power of sale for failure of such Owner to pay Assessments levied by the Association pursuant to Article 6 of this Declaration. The provisions of this subsect ion shall not affect the Association's right to impose fines or monetary penalties or to suspend an Owner's membership rights, as provided in the Governing Documents. (f)Membership Consent for Certain Action. In the event that any claim or other actions brought by the Association under California Civil Code Section 895 et seq., and any successor statutes or laws or any other applicable laws, involving allegations of construction defects relating to the Common Area is not resolved pursuant to the non-adversarial procedures set forth in California Civil Code Sections 910 through 938 and any successor statutes or laws, the Association Baden Condos Inman Law Group, LLP - 41 -1/22/19 v3 shall not initiate a further action or procedure against Declarant without first obtaining the consent of the Owners other than Declarant, constituting a quorum of more than fifty percent (50%) of the Owners of the Association casting a majority of the votes at a meeting or election of the Association conducted in accordance with the provisions of California Corporations Code Sections 7510 et. seq. and 7613 and any successor statutes or laws. 10.6 Disciplinary Rules. The Board or a committee appointed by the Board for that purpose may adopt rules and regulations that further elaborate upon and refine procedures for conducting disciplinary proceedings and otherwise imposing sanctions upon Members for violation of provisions of the Governing Documents. Such rules, when approved and adopted by the Board, shall be deemed to be a part of the Association Rules provided for in, and constituting a part of, the Governing Documents. 10.7 Emergency Situations. The following shall constitute emergency situations: (i) an immediate and unreasonable infringement of or threat to the safety or peaceful enjoyment of Residents of the Development, (ii) a traffic or fire hazard, or (iii) a threat of material damage to or destruction of the Development or any portion thereof. Notwithstanding any other provisions of the Governing Documents, under circumstances involving conduct that constitutes an emergency situation, the Association may undertake immediate corrective action. Hearings with respect to such corrective action shall be held following the corrective action in accordance with California Civil Code Section 5855, and no disciplinary action may be taken without compliance with California Civil Code Sect ion 5855(c). 10.8 Alternative Dispute Resolution. California Civil Code Section 5900 et seq. shall be complied with respect to any dispute subject to such Sections. 10.9 Non-Waiver. Failure to enforce any provision of the Governing Documents at any time shall not be deemed a waiver of the right to do so thereafter with respect to the same or any other violation of any provision of the Governing Documents. 10.10 Notices. Any notices required or given under this Article shall, at a minimum, set forth the date, time, and location of any hearing, a brief description of the act or omission constituting the alleged violation of the Governing Documents, a reference to the specific Governing Document provision or provisions alleged to have been violated, and the sanction, disciplinary action, or other enforcement action being contemplated by the Board, if any. The notice shall be in writing and may be given by any method reasonably calculated to give actual notice to the affected Member; provided, however, that if notice is given by mail, it shall be sent by first-class mail, postage prepaid, sent to the most recent address for the affected Member as shown on the records of the Association. 10.11 Costs and Attorneys' Fees. In the event any action is taken to enforce any of the provisions of the Governing Documents, the prevailing party shall be entitled to recover the full amount of all costs incurred, including attorneys' fees, in enforcing any Governing Document provision. The remedies of the Association to recover the amount of such costs and attorneys' fees shall include, without limitation, the imposition of a Reimbursement Assessment as provided in Section 6.7 of this Declaration. 10.12 Indemnification. Each Owner, by acceptance of his or her deed, agrees for himself or herself and for the members of his or her household, his or her tenants, guests or invitees, to (i) indemnify each and every other Owner for, (ii) to hold each and every other Owner harmless from, and (iii) to defend each and every other Owner against, any claim of any person for personal injury or property damage occurring within the Unit of such Owner, except that such Owner's liability may be diminished to the extent that the injury or damage occurred by reason of the negligence of any other Owner or person temporarily visiting in such Unit or is fully covered by insurance. Baden Condos Inman Law Group, LLP - 42 -1/22/19 v3 10.13 Rights of the City. (a)Right to Remedy Failure to Maintain Common Area. In the event that there is a failure to maintain the Common Area so that owners, lessees, and their guests suffer, or will suffer, substantial diminution in the enjoyment, use, or property value of their Development, thereby impairing the health, safety and welfare of the Residents in the Development, the City, by and through its duly authorized officers and employees, will have the right, but not the duty, to enter upon the subject Development, and to commence and complete such work as is necessary to maintain said Common Area. A Notice of such right of governmental agency access shall be prominently displayed in the Common Area of the Development. The City will enter and repair only if, after giving the Association and Owners written notice of the failure to maintain the Common Area, they do not commence correction of such conditions in no more than thirty (30) days from the giving of the notice and proceed diligently to completion. All expenses incurred by the City shall be paid within thirty (30) days of written demand. Upon a failure to pay within said thirty (30) days, the City will have the right to impose a lien for the proportionate share of such costs against each Unit in the Development. The Association recognizes that it has the primary responsibility for enforcement of the covenants, conditions, and restrictions set forth in this Declaration and unequivocally guarantees to institute and expeditiously prosecute any required legal action to obtain compliance with all provisions of this Declaration. (b)Affirmative Action Not Required. It is understood that by the provisions hereof, the City is not required to take any affirmative action, and any action undertaken by the City will be that which, in its sole discretion, it deems reasonable to protect the public health, safety and general welfare, and to enforce it and the regulations and or dinances and other laws. (c)Non Action is Not a Waiver. It is understood that action or inaction by the City, under the provisions hereof, will not constitute a waiver or relinquishment of any of its rights to seek redress for the violation of any of the provisions of these restrictions or any of the rules, regulations and ordinances of the City, or of other laws by way of a suit in law or equity in a court of competent jurisdiction or by other action. (d)Remedies Cumulative. It is further understood that the remedies available to the City by the provision of this section or by reason of any other provisions of law will be cumulative and not exclusive of the maintenance of any other remedy. In this connection, it is understood and agreed that the failure to maintain the Common Area will be deemed to be a public nuisance and the City will have the right to abate said condition, assess the costs thereof, and cause the collection of said assessments to be made on the tax roll in the manner provided by appropriate provisions of the South San Francisco Municipal Code or any other applicable law. (e)No Waiver. No failure of the City of South San Francisco to enforce any of the covenants or restrictions contained herein will in any event render them ineffective. (f)Hold Harmless. Declarant, Owners, and each successor in interest of Declarant and said Owners, hereby agree to save, defend and hold the City of South San Francisco harmless from any and all liability for inverse condemnation which may result from, or be based upon, City's approval of the Development. Baden Condos Inman Law Group, LLP - 43 -1/22/19 v3 ARTICLE 11 DAMAGE OR DESTRUCTION AND CONDEMNATION 11.1 Damage to the Common Area Buildings and Units. If any portion of the Development is damaged or destroyed by fire or other casualty, all available insurance proceeds shall be paid to or on behalf of the Association, as agreed to by the Board, and the repair and rebuilding of the Development shall be in accordance with the following provisions: (a)Insurance Proceeds Equal or Exceed 80%. If the amount of available insurance proceeds is at least eighty percent (80%) of the cost of repairing or rebuilding the damaged property to its original design and specifications, or if the deficiency in insurance proceeds does not exceed $20,000, the Board shall contract to repair or rebuild the damaged portions of the Development, including those portions of the damaged Units which are covered by the Associations' insurance. In the event the insurance proceeds are insufficient to pay all of the costs of repairing and rebuilding, the Board shall levy a Reimbursement Assessment against all Owners to make up any deficiency. (b)Insurance Proceeds Less Than 80%. In the event of any damage or destruction not subject to subsection 11.1(a), the Board shall obtain bids from responsible contractors to restore the Development, including all damaged Units and all damaged portions of the Common Area, to its condition immediately prior to such damage or destruction. Following the receipt of the bids, the Board shall call a special meeting of the Members to consider the bids. At such special meeting, the impacted Members shall accept or reject such bids by a vote of a Simple Majority. (i)In the event a bid is accepted, the Board shall levy a Special Assessment against all Owners pursuant to Section 6.6 to make up the deficiency between the total insurance proceeds and the contract price for such repair or rebuilding. All insurance proceeds, including any proceeds subject to liens of Mortgagees, shall be used for such rebuilding or repair. (ii)In the event all bids are rejected, the Board shall recommend such alternative reconstruction of the damaged or destroyed Improvements at a lesser cost as it deems reasonable or adequate, which alternatives shall be placed to bid and voted in the same manner indicated above. In the event that no such alternatives are accepted by the Members, the Board, with the approval of the Mortgagees as provided in Article 12, below, is empowered, as the agent for all Owners, to sell the entire Development, including all Units and the Common Area in its then present condition, on terms satisfactory to the Board. In the event of such sale, the proceeds from the sale and the insurance proceeds received by the Association on account of the destruction of Development shall be distributed by the Association among Owners according to the respective fair market values of the Units at the time of the destruction as determined by an independent appraisal. 11.2 Condemnation of Common Area. If at any time all or any portion of any Common Area, or any interest therein, shall be taken by right of eminent domain or by private purchase in lieu of eminent domain, the entire award in condemnation or proceeds from the private purchase, to the extent such award or proceeds is not apportioned among the Owners by court judgment or by agreement between the condemning authority and each of the affected Owners, shall be paid to the holder or holders of the fee title to such area as their interests may appear according to the respective fair market values of the Units at the time of the taking, as determined by independent appraisal. Any such award to the Association shall be deposited into the operating fund of the Association. The Association shall represent the interests of all Owners in any proceeding relating to such condemnation to the extent such Owners have any interest in the Common Area. Baden Condos Inman Law Group, LLP - 44 -1/22/19 v3 11.3 Appraisals. Where the provisions of this Article require an independent appraisal of property, said appraisal shall be made by a qualified real estate appraiser selected in the discretion of the Board. ARTICLE 12 PROTECTION OF MORTGAGEES 12.1 Amendments Affecting Mortgages. No amendment of this Declaration shall affect any of the rights of the holder of any Mortgage which is made in good faith and for value, if such Mortgage is Recorded prior to the Recording of such amendment. 12.2 Default by Owner; Mortgagee's Right to Vote. In the event of a default by any Owner under a Mortgage encumbering such Owner's Condominium, the Mortgagee under such Mortgage shall, upon: (a) giving written notice to the defaulting Owner; (b) Recording a Notice of Default in accordance with California Civil Code Section 2924; and (c) delivering a copy of such Recorded Notice of Default to the Association, have the right to exercise the vote of the Owner at any regular or special meeting of the Association held only during such period as such def ault continues. 12.3 Breach; Obligation After Foreclosure. No breach of any provision of this Declaration by Declarant, the Association or any Owner shall impair or invalidate the lien of any Recorded Mortgage made in good faith and for value and encumbering any Condominium. Declarant, Owners, and the Association and their successor s and assigns, shall be obligated to abide by all of the covenants, conditions, restrictions, limitations, reservations, grants of easements, rights, rights-of-way, liens, charges and equitable servitudes provided for in this Declaration with respect to any person who acquires title to or any beneficial interest in any Condominium through foreclosure, trustee's sale or otherwise. 12.4 Right to Examine Books and Records of the Association. All Mortgagees, insurers and guarantors of any Mortgages on any Condominium shall have the right, upon written request to the Association, to: (a)Association Records. Examine current copies of the Governing Documents and the Association's books, records and financial statements, during normal business hour s; (b)Financial Statements. Require the Association to provide an audited statement for the preceding fiscal year at no expense t o the requesting entity; and (c)Notice of Meetings. Receive a written notice of all meetings of the Association and designate a representative to attend all such meetings. 12.5 Declaration to Conform With Mortgage Requirements. It is the intent of this Article that the Governing Documents and the development in general, shall now and in the future meet all requirements of any institutional Mortgagee intending to secure its Mortgage by a Condominium or necessary to purchase, guarantee, insure or subsidize any Mortgage of a Condominium by the secondary lender market, including FANNIE MAE, FREDDIE MAC, FHA or VA. The provisions of this Article may be amended solely by the vote of the Board in order to conform to any requirements of the secondar y lender market. Baden Condos Inman Law Group, LLP - 45 -1/22/19 v3 12.6 Notices of Mortgagees. Upon written request to the Association, any Mortgagee shall be entitled to timely written notice of the following: (a)Any proposed termination of the legal status of the Development as a condominium project. (b)Any condemnation or casualty loss which affects either a material portion of the Development or any Unit on which there is a Mortgage held, insured or guaranteed by such requesting party. (c)Any sixty (60) day delinquency in the payment of Assessments or individual charges owed by an Owner subject to a Mortgage held, insured or guaranteed by such requesting party. (d)Any default in the performance by the affected Owner of any obligation under the Governing Documents which is not cured within sixty (60) days. (e)Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association. (f)Any proposed action which requires the consent of a specified percentage of Eligible Mortgagees as specified in Section 12.7. Approval of a Eligible Mortgagee will be implied when such Eligible Mortgagee fails to submit a response to any written proposal for an amendment within sixty (60) days after the proposal is submitted, provided the notice was delivered by certified or registered mail, with a "return receipt" requested. 12.7 FANNIE MAE, FREDDIE MAC, FHA, VA Mortgages. (a)Compliance Requirements. Declarant intended that the Development has been created and exists in full compliance with all applicable California legal requirements and all other applicable laws and regulations. (b)Conditions When This Section is Applicable. The provisions of this Section shall apply if any of the following conditions exist pertaining to First Mortgages on any of the Units: (i)Any First Mortgage is sold or transferred to FANNIE MAE; (ii)Any First Mortgage is sold or transferred to FREDDIE MAC; or (iii)Any First Mortgage is FHA insured or a VA mortgage. (c)Approval of Material Amendments. The approval of sixty-seven percent (67%) of the Total Voting Power of the Association and fifty-one percent (51%) or more of the Eligible First Mortgagees (based upon one (1) vote for each first mortgage owned) must be obtained for amendments of a material nature to the Governing Documents. An addition or amendment to the Governing Documents shall not be considered material if it is for the purpose of correcting technical errors, or for clarification only. A change to any of the following would be considered as material: (i)Voting rights; (ii)Assessments, assessment liens, or subordination or assessment liens; Baden Condos Inman Law Group, LLP - 46 -1/22/19 v3 (iii)Reserves for maintenance, repair and replacement of Common Areas or any other portions of the Development which the Association has a duty to maintain, repair and replace. (iv)Responsibility for maintenance and r epairs; (v)Reallocation of interests in the Common Area or Exclusive Use Common Areas or rights to their use; (vi)Boundaries of any Unit; (vii)Convertibility of Units into Common Areas or vice-versa; (viii)Expansion or contraction of the Development or the addition, annexation or withdrawal of property to or from the Development; (ix)Insurance or fidelity bonds; (x)Leasing of Unit; (xi)Imposition of any right of first refusal or similar restrictions on a Unit Owner's right to sell, transfer or convey his or her Unit; (xii)A decision by the Association to establish self management when professional management has been r equired previously by a First Mortgagee; (xiii)Restoration or repair of the Development (after a hazard damage or partial condemnation) in a manner other than that specified in the Governing Documents; (xiv)Any action to terminate the legal status of the Development after substantial destruction or condemnation occurs; or (xv)Any provisions that expressly benefit First Mortgagees, insurers or guarantors. (d)Right of First Refusal. Declarant is not utilizing any right of first refusal with respect to the sale or conveyance of any Units within the Development. In the event any Owner attempts to utilize any right of first refusal, any right of first refusal in the Governing Documents or otherwise shall not apply nor adversely impact the rights of a Mortgagee to: (i)Foreclose or take title to a Unit pursuant to the remedies in the First Mortgage; (ii)Accept a deed or assignment in lieu of foreclosure in the event of a default by a Mortgagor; or (iii)Sell or lease a unit acquired by the Mortgagee. Baden Condos Inman Law Group, LLP - 47 -1/22/19 v3 (e)Termination of Legal Status. Except as provided above, any election to terminate the legal status of the Development as a condominium project must be approved by at least sixty- seven percent (67%) of the voting power of the Association and sixty-seven percent (67%) of the Eligible First Mortgagees based upon one (1) vote for each First Mortgage owned. (f)Reallocation of Interests in the Common Area. No reallocation of interests in the Common Area resulting from a partial condemnation or partial destruction of the Development shall be effected without the approval of fifty-one percent (51%) of the Eligible First Mortgagees based upon one (1) vote for each First Mortgage owned. (g)Mortgagee Priority. No provision in any Governing Document gives the Unit Owner or any other party priority over any rights of the First Mortgagee of the Unit pursuant to its Mortgage in the case of payment to the Unit Owner of insurance proceeds or condemnation awards for losses or a taking of Units and/or Common Area. (h)Foreclosure Eliminates Unpaid Assessments. Notwithstanding any other provisions in this Declaration, each holder of a First Mortgage lien who comes into possessi on of the Unit by virtue of foreclosure will not be liable for the Unit's unpaid Regular Assessments or charges accrued before acquisition of the title to the Unit by the Mortgagee. If the Association's lien priority includes costs of collecting unpaid dues, the Mortgagor shall be liable for any fees or costs related to the collection of the unpaid dues. (i)Leasing Restrictions. No Owner shall be permitted to lease his Unit for transient or hotel purposes. No Owner may lease less than the entire Unit. Any lease or rental agreement must be in writing and be subj ect to the provisions of the Governing Documents. (j)Taxes Relate Only to Individual Unit. All taxes, assessments and charges which may become liens prior to the First Mortgage under local law shall relate only to the individual Units and not to the Development as a whole. (k)Compliance with FHA/VA, FREDDIE MAC or FANNIE MAE Requirements. Declarant intended that the Development should comply with all of the requirements of the FHA, VA, FREDDIE MAC and FANNIE MAE. All property and liability insurance covering any portion of the Development encumbered by a Mortgage insured by FHA, guaranteed by VA, or held by FREDDIE MAC or FANNIE MAE, shall therefore conform to the applicable FHA/VA, FREDDIE MAC or FANNIE MAE requirements. Declarant and all Unit Owners also agree that in the event the Development or the Governing Documents do not comply with the applicable FHA/VA, FREDDIE MAC or FANNIE MAE requirements, the Board and each Owner shall take any action or adopt any resolutions required by any First Mortgagee to conform such Governing Documents, or the Development, to the FHA/VA, FREDDIE MAC or FANNIE MAE requirements. (l)Waivers. A Mortgagee may waive any requirement contained in this Declaration as they pertain to such Mortgagee, provided such wai ver shall be in writing. (m)Conflicts. In the event of conflict between any of the provisions of this Article and any other provisions of this Declaration, the provisions of this Article shall control. Baden Condos Inman Law Group, LLP - 48 -1/22/19 v3 ARTICLE 13 ANNEXATIONS AND SUPPLEMENTAL DECLARATIONS 13.1 Annexation of Other Property. Declarant shall have no right to unilaterally annex additional real property to the Development or this Declaration. Real property which is not subject to this Declaration may annex to and become subject to this Declaration with the approval by vote or written consent of (1) the property owner, (2) Members entitled to exercise not less than two-thirds of the voting power of each class of membership of the Association, and (3) the Board. After the Class B membership has ceased, the approval of the Members required by this Section shall require the affirmative vote of at least two-thirds of the voting power of Members other than Declarant. Upon obtaining the requisite approval of the Members pursuant to this Section, the owner of the annexing property shall Record a Declaration of Annexation and, if appropriate, a Supplemental Declaration, as more particularly described in Section 13.3, below. 13.2 Declarations of Annexation. To effectuate an annexation, a Declaration of Annexation shall be Recorded covering the applicable portion of the annexing real property. The Declaration of Annexation shall identify the Units and Common Area, if any, within the annexing property, and shall be signed by the owner of the annexing property and shall include a certificate, signed by any two (2) officers of the Association, attesting to the fact that the required Member and Board approval has been obtained. A Declaration of Annexation may include a Supplemental Declaration which adds or modifies restrictions and rights with respect to the annexing property. 13.3 Supplemental Declarations. A Supplemental Declaration may be Recorded against all or any portion of the annexing property, subject to the same approval requirements for a Declaration of Annexation pursuant to Section 13.1, above. The Supplemental Declaration may include restrictions which are different from the restrictions contained in this Declaration. A Supplemental Declaration may not alter the general common plan or scheme created by this Declaration, revise any restriction imposed by a governmental entity as a condition of Subdivision Map approval (without the written consent of that entity) or revoke the covenants, conditions and restrictions imposed by this Declaration with respect to portions of the Development already subject to this Declaration. ARTICLE 14 DECLARANT'S DEVELOPMENT RIGHT 14.1 Declarant's Right to Develop the Development. The Association and Owners shall not do anything to interfere with the right of Declarant to subdivide, sell, or rent any portion of the Development, or the right of Declarant to complete excavation, grading, construction of Improvements or other development activities to and on any portion of Development or to alter the foregoing and its construction plans and designs, or to construct such additional Improvements as Declarant deems advisable in the course of development of the Development so long as any Condominium or any portion of the Development is owned by Declarant. Such right shall include, but shall not be limited to, all grading work as may require approval by the City or other agency having jurisdiction, and erecting, constructing and maintaining on or within the Development such structures, signs and displays as may be reasonably necessar y for the conduct of its business of completing the work and disposing of the same by sale, lease or otherwise. Each Owner, by accepting a deed to a Condominium, hereby acknowledges that any construction or installation by Declarant may impair the view of such Owner , and hereby consents to such impairment. 14.2 Use of Common Area by Declarant. Declarant may enter upon the Common Area to complete the development, improvement and sale of Condominiums and the construction of any landscaping or other Improvement to be installed on the Common Area. Declarant shall also have the right of nonexclusive use of the Common Area without charge, for sales, display, access, ingress, egress, exhibition and occasional special events for promotional purposes, which right Declarant hereby reserves; provided, however, that such use rights shall terminate on the 90th day following issuance of a certificate of occupancy Baden Condos Inman Law Group, LLP - 49 -1/22/19 v3 on the last Condominium within the Development. Such use shall not unreasonabl y interfere with the rights of enjoyment of the other Owners as provided herein and all direct costs and expenses associated with Declarant's sales and promotional activities (including, without limitation, any costs or expenses required to clean or repair any portion of the Common Area that are damaged or cluttered in connection with such activities) shall be borne solely by Declarant and any other sponsor of the activity or event. The rights reserved to Declarant by this Section shall extend to any employee, sales agents, prospective purchase rs, customers and/or representatives of Declarant. 14.3 Amendment of Development Plans. Declarant may amend its plans for the Development and apply for changes in zoning, use and use per mits, for any property within the Development. 14.4 Disclaimer of Declarant's Representations. Anything to the contrary in this Declaration notwithstanding, and except as otherwise may be expressly set forth in a Recorded instrument with the County Recorder, Declarant makes no warranties or representations whatsoever that the plans presently envisioned for the complete development of the Development may or will be carried out, or that any land now controlled or owned or hereafter controlled or acquired by Declarant is or will be subjected to this Declaration, or that any such land (whether or not it has been subjected to this Declaration) is or will be committed to or developed for a particular (or any) use, or that if such land is once used for a particular use, such use will continue in effect. 14.5 No Amendment or Repeal. So long as Declarant owns any portion of the Development, the provisions of this Article may not be amended or repealed without the written consent of Declarant. ARTICLE 15 AMENDMENT 15.1 Amendment Before First Conveyance. Subject to the provisions of subsection 15.2(c), below, before the conveyance of the first Condominium within the Development to a purchaser other than Declarant, this Declaration and any amendments to it may be amended in any respect or revoked by the execution by Declarant of an instrument amending or revoking this Declaration. The amending or revoking instrument shall make appropriate reference to this Declaration and its amendments and shall be Recorded. 15.2 Amendment After First Conveyance. After the conveyance of the first Condominium within the Development to a purchaser other than Declarant, this Declaration may be amended or revoked in any respect upon compliance with the following provisions: (a)Member Approval Requirements. Except as provided in this Section, any amendment to this Declaration shall be approved by the vote or assent by written ballot of an Absolute Majority, including the holders of not less than a majority of the Total Voting Power of each class of Members. If a two-class voting structure is no longer in effect in the Association because of the conversion of Class B membership to Class A membership, as provided in the Association's Bylaws, any amendment thereof will require the vote or assent by written ballot of both: (i) an Absolute Majority of the Association; and (ii) the vote of a majority of the Total Voting Power held by Members other than Declarant. Notwithstanding the foregoing, the percentage of the voting power necessary to amend a specific clause or provision of this Declaration shall not be less than the percentage of affirmative votes prescribed for action to be taken under that clause. (b)Additional Approvals of Declarant for Amendments to Particular Provisions. For so long as Declarant owns a Condominium within the Development, the provisions of Articles 13, 14, 15 and 16 may not be amended without the prior written consent of Declarant. Baden Condos Inman Law Group, LLP - 50 -1/22/19 v3 (c)Rights of City. Notwithstanding anything to the contrary in this Declaration, no amendment which deals with any of the following matters shall be effective without the prior written consent of the Director of the City's Community Development Department: (a) Any amendment, the design or purpose of which is to eliminate an obligation of the Association to maintain, manage and repair the Common Area or to lower the standards for maintaining and repairing such Common Area; (b) Any amendment with regard to the fundamental purpose for which the project was created (for example, a change from residential use to a different use); (c) Any amendment to Sections 2.1, 2.7, 2.8, 2.13, 7.1, 10.13, this subsection 15.2(c), and 16.1, and all defined terms therein, each of which were required as a condition of approval for the project. Upon recordation of this Declaration, the provisions in this Declaration containing landscape and improvement requirements shall not be rescinded, amended or modified without prior approval of City. (d)Right of Amendment if Requested by Governmental Mortgage Agency or Federally Chartered Lending Institutions. Anything in this Article to the contrary notwithstanding, Declarant and the Association reserve the right to amend all or any part of this Declaration to such an extent and with such language as may be requested by Governmental Mortgage Agencies which require such an amendment as a condition precedent to such agency's approval of this Declaration, or by any federally chartered lending institution as a condition precedent to lending funds upon t he security of any Condominium. Any such amendment shall be effectuated by the Recordation, by Declarant or the Association, of a Certificate of Amendment duly signed by or on behalf of the authorized agents, or authorized officers of Declarant or the Board, as applicable, with their signatures acknowledged, specifying the Governmental Mortgage Agency, or the federally chartered lending institution requesting the amendment and setting forth the amendatory language requested by such agency or institution. Recordation of such a Certificate shall be deemed conclusive proof of the agency's or institution's request for such an amendment, and such Certificate, when Recorded, shall be binding upon all of the Condominiums and Common Area comprising the Development and all persons having any interest therein. (e)Right of Amendment if Requested by City. Anything in this Article to the contrary notwithstanding, Declarant reserves for itself and for the Association the right to amend all or any part of this Declaration to such an extent and with such language as may be requested by the City to reflect a modification of the development permits which requires a conforming amendment to this Declaration. The Association shall Record any amendment requested by the City within sixty (60) days of receipt of a request from the City. Any such amendment shall be effectuated by the Recordation, by Declarant, of a Certificate of Amendment duly signed by or on behalf of the authorized agents, or authorized officers of Declarant, or the Association as applicable, with their signatures acknowledged, specifying the City requested the amendment and setting forth the amendatory language requested by the City. Recordation of such a Certificate shall be deemed conclusive proof of the City's request for such an amendment, and such Certificate, when Recorded, shall be binding upon all of the real property comprising the Development and all persons having an interest therein. (f)Right of Amendment by Board. The Board may, without the approval of the Members, amend any part of this Declaration to the limited extent necessary to comply with a change in applicable federal, state or local legislation, and to correct typographical errors. Baden Condos Inman Law Group, LLP - 51 -1/22/19 v3 15.3 Restatements. This Section describes the methods for restating the Declaration after an amendment. (a)General. The Board has the right, by resolution without the necessity of consent by the Members, to restate this Declaration when it has been properly amended pursuant to its requirements for amendment. Such restatement shall be effective upon execution of the restatement by any two (2) officers of the Association and its Recordation. Upon Recordation of the restatement, the restatement shall supersede the prior declaration and its amendments in their entirety, without, however, affecting the priority of the Declaration in the chain of title to all real property subject to the Declaration as est ablished by the Declaration's initial date of Recordation. (b)Form of Restatement. The restatement shall restate the entire text of the original document, with these exceptions: (i) changes incorporating all amendments approved by the Owners; (ii) changes made to rearrange or delete the text for consistency with the approved amendments; (iii) changes made to delete material no longer legally effective or legally required, such as the provisions described in Article 14 once Declarant no longer owns any portion of the Development; (iv) the addition of a statement that the Board has authorized the restatement pursuant to this Section; (v) changes made to delete any provision declared illegal by constitutional or statutory enactment, by regulation, or by controlling judicial opinion; and (vi) changes needed to distinguish the restatement from the original document, such as t itle, section, or subsection numbering changes. 15.4 Department of Real Estate. An amendment to this Declaration, Bylaws, or other governing instruments of the Association shall require immediate notification of the California Department of Real Estate in accordance with Section 2800 of the Commissioner's Regulations, or if a successor regulation is adopted this provision shall be automatically amended in the same manner, so long as the Development, or any portion thereof, is subj ect to an outstanding Final Subdivision Public Report. 15.5 Effective Date of Amendment. The amendment will be effective upon the Recording of a Certificate of Amendment, duly executed and certified by any two (2) officers of the Association setting forth in full the amendment so approved and that the approval requirements of this Article have been duly met. If the consent or approval of any governmental authority, Mortgagee, or other entity is required under this Declaration to amend or revoke any provision of this Declaration, no such amendment or revocation shall become effective unless such consent or approval is obtained. 15.6 Reliance on Amendment. Any amendments made in accordance with the terms of this Declaration shall be presumed valid by anyone relying on them in good faith. ARTICLE 16 GENERAL PROVISIONS 16.1 Term. This Declaration continues in full force and effect unless an amendment terminating this Declaration is unanimously approved by the Owners, approved in writing by the City and Recorded in accordance with Article 15, above. 16.2 Severability. The provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any provision hereof shall not invalidate any other provisions hereof. 16.3 Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of fostering a plan of community ownership and occupancy and of management of the Development for the benefit of the community. Baden Condos Inman Law Group, LLP - 52 -1/22/19 v3 16.4 Statutory References. Any reference to a California or federal statute, code or regulation or City's Municipal Code or local law shall also incorporate and include any successor statutes or laws. ________________________________ {The remainder of this page intentionally left blank.} Baden Condos Inman Law Group, LLP - 53 -1/22/19 v3 DATED:________________, 201_.DECLARANT: BADEN CONDOS LLC, a California limited liability company By: Los Altos Holdings, Inc., a California corporation Its: Manager By: _________________________________ Claude Sans, Pr esident A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) )SS COUNTY OF ___________________) On ____________, 201_, before me, _____________________, a Notary Public, personally appeared ________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, execut ed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and cor rect. WITNESS my hand and of ficial seal. ___________________________ Notary Public Baden Condos Inman Law Group, LLP - 54 -1/22/19 v3 CONSENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BADEN CONDOS The undersigned, beneficiary under those certain deeds of trust Recorded July 20, 2018, as Document No. 2018-056603, of the Official Records of San Mateo County, hereby consents to this Declaration of Covenants, Conditions and Restrictions for Baden Condos ("Declaration") and hereby agrees that said deed of trust shall be subordinate and subj ect to said Declaration as though said Declaration had been recorded prior to said deed of trust. DATED:________________, 201_.BENEFICIARY: AVIDBANK By: ___________________________________ Name: _________________________________ Title: __________________________________ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) )SS COUNTY OF ___________________) On ____________, 2018, before me, _____________________, a Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and cor rect. WITNESS my hand and of ficial seal. ___________________________ Notary Public EXHIBIT "A" LEGAL DESCRIPTION OF THE DEVELOPMENT All of the real property located in the City of South San Francisco, County of San Mateo, State of California, which is more particularly described as follows: Parcel 1, as shown on the Parcel Map for "645 Baden Avenue", Filed for Record on _______________, 201_, in Book ___ of Parcel Maps, at Page __, Records of San Mateo County. PLEASANTON ♦ SAN JOSE ♦ SANTA ROSA ♦ SACRAMENTO ♦ FRESNO Corporate Office: 4305 Hacienda Drive, Suite 550, Pleasanton, CA 94588 ♦ Phone: 925.463.0611 ♦ www.TJKM.com DBE #40772 ♦ SBE #38780 November 26, 2018 Justin Shiu Consultant Planner City of South San Francisco Economic & Community Development Department PO Box 711 South San Francisco, CA 94083-0711 RE: Traffic Analysis Peer Review of 645 Baden Ave and Certification of Professional Opinion Dear Mr. Shiu, This letter is in regards to the traffic analysis peer review of the proposed development at 645 Baden Avenue in the City of South San Francisco. The existing land use at the above address is a single family dwelling unit and the proposed use is a total of eight condominium dwelling units. There are 12 proposed parking stalls for the project. Access is provided via a one-way drive-aisle connecting Baden Ave and 2nd Lane. Based on the latest version of the ITE Trip Generation Manual 10th edition for the existing and proposed land uses, the following table summarizes the net proposed trips generated for the weekday and AM and PM peak periods. Based on the net trips generated, the project is not anticipated to generate a significant traffic impact. Please call me at 925-264-5003 or apatel@tjkm.com if you have any questions. Sincerely, Atul Patel, T.E. (#TR2321) Registered Traffic Engineer Proposed use- Multifamily Housing Low Rise (220)8 DU 7.32 59 0.46 23 77 1 3 4 0.56 63 37 3 2 4 Existing Use- Single Family Detached Housing (210)1 DU 9.44 9 0.74 25 75 0 1 1 0.99 63 37 1 0 1 49 1 2 3 2 1 3 DU = Dwelling Unit Notes: Source - Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition, 2017; Trip Generation Land Use (ITE Code)Size Unit Daily A.M. Peak Hour P.M. Peak Hour Rate Trips Rate In Out TotalIn%Out%In Out Total Rate Net Project Trips In%Out% EXHIBIT G TJKM | VISION THAT MOVES YOUR COMMUNITY Planning • Engineering • ITS • Parking • Operations • Complete Streets Pleasanton | San José | Sacramento | Santa Rosa | Fresno AREAS OF EXPERTISE  Intelligent Transportation Design  ITS Planning  Traffic Signal Designs  Traffic Operational Analysis  Bicycle & Pedestrian Studies  Parking Studies YEARS OF EXPERIENCE 28 REGISTRATIONS & CERTIFICATIONS CA TR 2321 (Traffic) AZ 44981 (Civil) TX 83987 (Civil) Professional Traffic Operations Engineer 1640 PROFESSIONAL HISTORY TJKM 2012-Present City of Menlo Park 2010-2012 DKS 1999-2010 PBQ&D 1999-2001 City of Coppell 1994-1998 City of Dallas 1992-1994 TX Transporation Institute 1990-1991 EDUCATION M.B.A., Technical Management, University of Phoenix, Northern California Campus, CA B.S., Civil Engineering, Texas A&M University, College Station, TX Project Experience On-Call Traffic/Transportation Engineering Services • City of San Luis Obispo • City of Oakland • City of Albany • City of Palo Alto • City of Redwood City • City of Walnut Creek • City of Saratoga • City of Belmont • City of Pittsburg Traffic Signal Designs • Mathilda/Indio Intersection Improvements, Sunnyvale • Intersection Improvements at Grant Road & Phyllis Avenue/Martens Avenue, Mountain View • Traffic Signal Hardware & Wiring 2017 Project, Sunnyvale • Three HSIP Projects for West Leland Corridor Safety Improvements, Pittsburg • Madera County Signal Installation at Road 36 & Avenue 12 ½, Madera County • Miner Avenue Plan Line Study, Stockton • Clovis Avenue/Fancher Creek/Tulare Avenue, Fresno • Herndon Auxiliary Lane – SR 41 to Fresno Street, Fresno • Engineering Design for 2 Intersections, Sunnyvale • 808 A Street Signal Modification, Hayward • IPC Cordes Ranch Design of Phase I, Tracy • Signal Modification at Palo Alto High & Embarcadero, Palo Alto • Remington Drive/Bernardo Avenue Traffic Signal Design Installation, Sunnyvale • Traffic Signal Reconstruction at 4 Locations, Sunnyvale • ITS & Signal Synchronization, Visalia • Santa Fe Street Signal Installation & Fiber Interconnect Project, Visalia • Traffic Analysis of 5 Intersection Signal Modifications, Visalia • West Riggen Avenue at Akers Street Traffic Signal Installation Design, Visalia • Signal Installation at 11th Street/Transit Loop East & West, Union City Mr. Patel has 28 years of traffic engineering and transportation planning experience, and has worked in both the public and private sectors. Prior to joining TJKM, he served as the City of Menlo Park’s Traffic Engineer where he co- developed the City’s signal design and equipment standards. Mr. Patel has designed several traffic signal installations and modifications involving Caltrans and obtained encroachment permits for these client. Some of these projects have included installation of traffic signal interconnect conduit and cable to the adjacent signals, installation of curb ramps that comply with the Americans with Disabilities Act (ADA), video detection systems, video surveillance systems, emergency vehicle pre-emption, fiber optic communication hubs. He has also completed railroad signal pre-emption for the adjacent Union Pacific Railroad, signing and striping at the intersection as well as along the arterial, and construction assistance after the design was completed. Mr. Patel has developed bus rapid transit projects involving design and construction of transit signal priority hardware at existing traffic signal locations in Oakland and Stockton. Some of the other ITS projects he has managed have included strategic plan development, Concept of Operations, multi-jurisdictional systems integration, and technical specifications development. Atul Patel, TE, PTOE DIRECTOR OF ITS & DESIGN Project Role: letTJK TJKM | VISION THAT MOVES YOUR COMMUNITY | Atul Patel, TE, PTOE 2 • South Main Street at Broadway Plaza & South Main Street at Newell Avenue, Walnut Creek • Dublin Boulevard Widening Project, Dublin • Redwood Highway/US 101 On/Off Ramp Signal Modification, Marin County • Signal Modification at Mission Boulevard/A Street, Hayward • Signal Modification at Foothill/A Street, Hayward • Benjamin Holt Drive & Cumberland Place, Stockton • Benjamin Holt Drive & Inglewood Avenue, Stockton • Fair Oaks/Howe Signal Modification, Sacramento • Signals for SR 46/Central Avenue, Wasco • Grand Avenue at 2nd Street Signal Modification, San Rafael • Arastradero Drive/Donald Drive/Terman Drive Traffic Signal Modification, Palo Alto • Signal Modifications along Bailey Road from SR 4/West Leland, Pittsburg • Emergency Vehicle Preemption Citywide Installation, Lake Forest • Citywide Signal Modification Improvements, Los Altos • BRT Installation along Grand Avenue & MacArthur Boulevard Corridors, Oakland Intelligent Transportation Systems • NGAOP SCC Bluetooth/WiFi Readers Design PS&E, Santa Clara County • SR 237 Phase 2 Express Lanes Electronic Toll System Integrator Project, Santa Clara County • BAIFA Toll System Integration, San Francisco Bay Area • ITS & Signal Synchronization, Visalia • Webster Street SMART Corridor, Alameda County • SR 180 Braided Ramp Design/Build, Fresno • Jackson Street Fiber, Hayward • Bascom Avenue ITS, Santa Clara County • BRT Installation along Grand Avenue & MacArthur Boulevard Corridors, Oakland • Santa Clara County Traffic Operations System, Santa Clara County • Pima Road Fiber, Scottsdale, AZ • Silicon Valley SMART Corridor, San Jose • Silicon Valley ITS Enhancement, San Jose • San Jose International Airport ATMS, San Jose • Silicon Valley ITS Program Concept of Operations Report, San Jose • City of Milpitas Fiber Optic Design, Milpitas • Auburn-Sylvan Avenue ITS, Citrus Heights • San Mateo County ITS Strategic Plan, San Mateo County Adaptive Signal System • AC Transit Line 97 South County Corridors Transit Performance Initiative Project Adaptive Traffic Control System, Union City • Ygnacio Valley Road Adaptive Signal System, Walnut Creek • Bollinger Canyon & Crow Canyon Traffic Adaptive Signal System Implementation, San Ramon • Shoreline Boulevard Traffic Adaptive Signal System, Mountain View • SR 238 Corridor Improvements, Hayward • Grant Application for Traffic Adaptive Signal System, Monterey • Grant Application for Traffic Adaptive Signal System, Santa Cruz • City of Cupertino Adaptive Signal Control, Cupertino Street Lighting Design • In-Roadway Lighting, Sebastopol • Signal Modifications along Bailey Road from SR 4 to West Leland, Pittsburg • Main Street Streetscape, Milpitas • Telegraph Avenue Streetscape, Oakland • Auto Mall Circle, Fairfield • Diablo Valley College Transit Center, Pleasant Hill Construction Zone Traffic Control • Cities of Fremont, Hayward, Alameda, Garden Grove, La Mirada, & Morgan Hill • Sand Hill Road PG&E Gas Distribution Line, Menlo Park • Construction Zone Traffic Control, Fountain Valley • Katella Avenue Construction Zone Traffic Control, Anaheim • Beach Boulevard Construction Zone Traffic Control, Buena Park Traffic Operations Analysis • Golden State Boulevard/Golf Road/Berkeley Avenue Intersection Improvement, Stanislaus County • Miramonte/Covington Bike & Pedestrian Improvements, Los Altos • Wanda Hirsch Circulation Study, Tracy • San Tomas Expressway & Montague Expressway Traffic Operations System, Santa Clara County • San Fernando Boulevard Streetscape, Santa Clarita • Traffic Operational Analysis of Shattuck Avenue, Berkeley Railroad At-Grade Crossing Projects • Cities of Menlo Park, Redwood City, Burlingame & South San Francisco • Caltrain Railroad At-Grade Crossings Safety Project, Multiple Jurisdictions • Linden at Dollar Signal Installation, South San Francisco Transit • San Leandro Boulevard. BART Downtown Pedestrian Interface Project, San Leandro • Tulare CAG Long Range Transit Plan, Tulare County Parking Studies • City of San Jose Parking Guidance System, San Jose • Contra Costa County Parking Management Plan, Martinez • Fourth Street at Lootens Place Parking Assessment, San Rafael • Bayview Business Park Trip Generation Study, San Rafael • City of Coppell Parking Ordinance Revision, Coppell, TX • City of Dallas Deep Ellum Parking Study, Dallas, TX letTJK TJKM | VISION THAT MOVES YOUR COMMUNITY | Atul Patel, TE, PTOE 3 Safe Routes to School • Safe Routes to School 2015, Sunnyvale • Safe Routes to School Implementation, Sunnyvale • Safe Routes to School Designs, Kettleman • Safe Routes to School Designs, Los Altos • Marin-Curtis Safe Routes to School Pedestrian Improvements • Safe Route to Valparaiso, Menlo Park • Safe Route to Oak Knoll, Menlo Park Corridor Studies/Complete Streets/Streetscape Project • East 14th Streetscape Project, Alameda County • Ralston Avenue Corridor Improvements – Segments 1 & 2, Belmont • Citywide Intersection Safety Improvement Study, San Bruno • Charleston-Arastradero Corridor Improvements, Palo Alto • Shoreline Boulevard Traffic Adaptive Signal System, Mountain View • Arastradero Road Streetscape, Palo Alto • Pier Avenue Streetscape, Hermosa Beach • Telegraph Avenue Streetscape, Oakland Signal Coordination • Dinuba Signal Synchronization Project, Dinuba • Ocean Avenue/Water Avenue Signal Coordination, Santa Cruz • Willow Road Traffic Signal Coordination, Menlo Park Bicycle & Pedestrian Studies • Pedestrian & Bicyclist Safety & Connectivity Study, Dinuba • Central Corridor Bicycle & Pedestrian Safety Improvements, Daly City • RRFB Installation Pedestrian Safety Project, Manteca, • Stanford Neighborhood Streets Enhancement Project, Redwood City • Sunnyvale-Saratoga Road Traffic Signal, Bicycle & Pedestrian Safety Project, Sunnyvale • UC Merced Rancher’s Road Traffic Evaluation Project • Downtown Concord Pedestrian & Bicycle Lane Improvements, Concord • Bike Lane Gap Closure, West Sacramento • Comprehensive Pedestrian & Bicycle Master Plan, Belmont • Hudson Bike & Pedestrian Improvements, Redwood City • Bike Loop Detection & San Antonio Road/1st Street Signal Modification, Los Altos • Facebook Campus Bay Trail Undercrossing Design, Menlo Park • Bicycle/Pedestrian Trail West Campus Facebook, Menlo Park • Foothill College Pedestrian & Bicycle Circulation Study, Los Altos • Sharrows Implementation Downtown, Menlo Park Bridge • Newark Central Avenue Grade Separation Project, Newark PS&E for traffic handling and stage construction plans, traffic signals, signing and striping, street lighting, and signal interconnect plans. Page ! of ! *Resource Name or #: (Assigned by recorder) 645 Baden Avenue128 P1. Other Identifier: P2. Location: ! Not for Publication " Unrestricted *a: County San Mateo and (P2c,P2e, and P2b or P2d. Attach Location Map as necessary.) *b. USGS 7.5' Quad Date T ; R ; ¼ of ¼ of Sec ; B.M. c. Address 645 Baden Avenue City South San Francisco Zip 94080 d. UTM: (Give more than one for large and/or linear resources) Zone ; mE/ mN *e. Other Locational Data: (e.g., parcel #). APN 012-232-140 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) *P3b Resource Attributes: (List attributes and codes) HP2 – single family residence *P4. Resources Present: "Building ! Structure ! Object !Site ! District ! Element of District ! Other (isolates, etc.) P5b. Description of Photo: (View, date, accession #) View of front of house, looking south, September 2018. *P6. Date Constructed/Age and Source: " Historic !Prehistoric !Both Ca. 1910 plus additions *P7. Owner and Address: Pradeep Gandhi *P8. Recorded by: (Name, affiliation, and address) William Kostura P. O. Box 60211 Palo Alto, CA 94306 *P9. Date Recorded: October 2018 *P10. Survey Type: (Describe) intensive P11. Report Citation*: (Cite survey report and other sources, or enter "none".) none *Attachments: ! NONE ! Location Map ! Sketch Map " Continuation Sheet " Building, Structure and Object Record !Archaeological Record ! District Record ! Linear Feature Record ! Milling Station Record ! Rock Art Record !Artifact Record ! Photograph Record ! Other (List) State of California — The Resources Agency Primary # ____________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ____________________________ PRIMARY RECORD Trinomial ____________________________ NRHP Status Code 6__________________ Other Listings ________________________ Review Code Reviewer Date ___________ DPR 523A (1/95) DPR 523 A&B forms, Pages.pages *Required Information This lot measures 75 feet in width along Baden Avenue (at the front of the property) and along Second Lane (at the rear), and is 130 feet in depth. A wire fence and wooden gate front the property along Baden Avenue; behind them is a large open area formerly used as a garden. All of the structures on this property are grouped together at the extreme rear, along Second Lane. These structures consist of a house, a wheelchair ramp that leads to the Baden Avenue entrance, a low storage shed attached to the west end of the house, a greenhouse that is placed directly in front of the storage shed, and an open shed at the far west end of this group. Each of these will be described on the following page. (Please see continuation Sheet, Page 2.) EXHIBIT H Page ! of ! Resource Identifier: 645 Baden Avenue 2 28 Recorded by William Kostura *Date ___October 2018__________ " Continuation ! Update Description (continued) The house The house measures about 33 feet in width, is wood-framed in construction, and is one story over a basement in height. All parts of the house except for the garage door in the rear are coated in stucco that is painted red. In its massing, the house consists of four main parts that were built at different times. They include: 1) In the front, located along the east side of the lot, is a low wing that rests upon a brick foundation. It is fifteen feet in width, is flat-roofed with a boxed eave, and has two aluminum sash windows that open outward. 2) To the west of this wing and recessed from it by several feet is an entrance porch with an arched opening. This structure is three and one-half feet in width by about five feet in depth. It leads to a non- original wooden paneled door that is topped by a low transom and is set in a plain wooden casing. A wooden window divided by muntins into six lights is set in the west wall of this porch. 3) Behind the front wing and the entrance porch is a rear wing that is eighteen and one-half feet in width and one-story-plus-raised-basement in height. It has a side-gabled roof and rises to a level several feet higher than the wing and porch in front of it. The Baden Avenue side of this rear wing has no windows, but the Second Lane side has several openings. They include two large aluminum sash windows of different sizes; two small, screened wood sash windows in the basement level; and a recessed entrance squeezed into a narrow space along the east side. This rear entrance has a solid door reached by a flight of steps. 4) West of the wing described above (i.e to the right of the entrance porch) is a one-story-over-basement wing that is fifteen feet in width. It is the same height as the wing described above and looks from the front like a continuation of it. From Second Lane, however, it is apparent that these are different structures. It is flat-roofed and contains several openings. On the Baden Avenue side there is one vinyl sash window and, in the basement level, a wood paneled door and a fixed wooden window divided by muntins. On the Second Lane side there is a single aluminum sash window and, below it in the basement level, a sliding garage door with a metal pull. In summary, the house is unified in its appearance by a consistent use of red stucco everywhere except where the garage door is found. From the front the roof appears to be flat, and only from Second Lane is it apparent that part of the house has a side-gabled roof. All upper level windows are either replacement aluminum or vinyl, while three older wooden windows can be found in the basement level. Two doors date from recent decades, while one, in the basement level, is an older paneled door. (Please see continuation Sheet, Page 3.) State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Description (continued) The handicapped ramp This was built in 1990. This long structure is ell-shaped and consists of a plywood deck laid over a wooden frame supported on concrete footings. Railings are of wooden planks. It is deteriorated; the plywood sags in places. Where it meets the house, this ramp passes over older wooden steps that once served the entrance but are still in place. The storage shed This structure is adjacent to the western wing described above. It is five and one-half feet in height, has a flat roof, and is clad in red stucco. Its front is obscured by a greenhouse (see below). Its rear, on Second Lane, has a single wooden window. The greenhouse This structure projects forward from the storage shed. It measures fifteen feet in width and ten feet in depth. It is in very deteriorated condition. Open shed This structure at the west end of the property is adjacent to the storage shed. It is open on the Baden Avenue side and is covered by vertical wooden planks on the Second Lane side. DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial CONTINUATION SHEET Page ! of ! Resource Identifier: 645 Baden Avenue 3 28 Recorded by William Kostura *Date ___October 2018__________ " Continuation ! Update Page ! of ! *NRHP Status Code 6 4 28 *Resource Name or # (Assigned by recorder) 645 Baden Avenue B1. Historic Name: Romeo Braschi residence B2. Common Name: B3. Original Use: residence B4. Present Use: vacant residence *B5. Architectural Style: *B6. Construction History: (Construction date, alterations, and date of alterations) The oldest part of the house was present in 1910. A front addition was made to that part between 1910 and 1925. The garage was added at an unknown date, and a room was built over the garage in 1941. Other additions are of unknown dates. *B7. Moved? " No ! Yes ! Unknown Date: Original Location: *B8. Related Features: Storage shed, greenhouse, wire fence, former garden space. B9a. Architect: unknown/none b. Builder: unknown *B10. Significance: Theme Area Period of Significance Property Type Applicable Criteria n/a (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) History This house was built in stages, with accretions over time. Regarding which parts were built when, building permits and Sanborn maps seem to contradict each other and are inconsistent in certain ways with the structure as it is today. Below is a discussion of the sources with some conclusions about the house’s construction history. A Sanborn map dated 1910 shows what appears to be part of the subject house at the rear of its lot, along Second Lane. The lot then was fifty feet in width and also contained the house that still stands at 643 Baden Avenue. If the lot lines shown on the 1910 Sanborn are accurate, then the oldest part of the subject house was built for the owner of 643 Baden. The use of the rear structure was not indicated on the Sanborn map. (Please see Continuation Sheet, page 5.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: See continuation sheet. B13. Remarks: *B14. Evaluator: William Kostura Date of Evaluation: October 2018 State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ BUILDING, STRUCTURE, AND OBJECT RECORD DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information (Sketch map with north arrow required) Please see sketch maps on following Continuation Sheets. (This space reserved for official comments.) Page ! of ! Resource Identifier: 645 Baden Avenue 5 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update History (continued) By 1925, according to a Sanborn map of that year, a small addition had been added in front of the rear structure, its use was as a dwelling, and it had an address of 645 Baden Avenue. The lot lines on the Sanborn map seem to indicate that it still belonged to the house next door. In the Sanborn map of 1950 the footprint of 645 Baden remained unchanged, and the lot lines are ambiguous regarding whether it was part of the same property as 643 Baden or had been separated from it. In all of these Sanborns the fifty foot lot to the west of 645 Baden (now part of the subject property) was vacant. Building permits reveal that the owner of 645 Baden was Romeo Braschi from 1941 through 1961. Presumably, by 1941, the owner of the house next door at #643 had sold off the western 25 feet of his or her lot to Braschi, who used the small rear structure as his residence. At an unknown date Braschi acquired the vacant 50 foot lot to the west, creating a parcel 75 feet in width for himself. (Building permits identify this property as lots 59, 60, and 61 of block 97 in the Martin Subdivision.) It seems that the oldest parts of the house must be the eastern parts, i.e. parts 1) and 3) described above, on page 2. It would seem that part 3) is the oldest part, for it shows at the extreme rear of the lot on the 1910 Sanborn; while part 1), the front addition, is present by 1925. The brick foundation of part 1) seems to support this reasoning. Nevertheless, the massing of these parts as shown in the 1925 Sanborn do not match the massing of these parts today. In 1942 Romeo Braschi applied for a building permit to add a ten foot by twelve foot “sun porch” to the front of his house, at a cost of $150. Which part of the house that might be is unknown. It could not be the porch described above as part 2), because that is a much smaller structure (only three and one-half feet by about five feet). The eastern wing, part 4), is also uncertain regarding construction date. In 1941 Braschi applied for a permit to build rooms over the “present” garage. Presumably that garage can be seen from Second Lane, with a sliding wooden door. Yet the 1950 Sanborn map does not show either the garage or the rooms above it. Adding to the confusion is a 1951 building permit to build a 15 foot by 17 foot private garage. Where this structure might have been is unknown. An examination of the fabric of the building offers some evidence about periods of construction. As mentioned above, the brick foundation of part 1) suggests an early date. Wooden sash windows in the basement level of parts 3) and 4) suggest early dates. The house’s stucco cladding suggest the 1920s and later. If parts 1) and 3) are old, as Sanborn maps suggest, they were probably altered with stucco cladding at some point in time. (Please see Continuation Sheet, page 6.) State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI/Trinomial CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page ! of ! Resource Identifier: 645 Baden Avenue 6 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update History (continued) The house’s five aluminum sash windows — in the front of part 1) and the rear of parts 3) and 4) — most likely date to the 1950s or later. It is highly likely that they replaced older wooden windows. In the rear of part 3), original window openings were probably enlarged to install these aluminum windows. The three vinyl sash windows in the house are later still. The construction date of the ramp is known. One A. Elaine Braschi, no doubt a relative of Romeo Braschi, had this ramp built in 1990. A drawing from the building permit is reproduced below. In summary, it seems likely that the oldest part of this house pre-dates 1910, and the second oldest was built between 1910 and 1925. These parts of the house have been heavily altered with coatings of stucco and new window sash. The addition of part 4) has also greatly altered the dimensions and massing of the house, and this part has itself been altered with modern window sash. Integrity When the various parts of the house were built remains uncertain, but it seems certain that this house is largely unrecognizable from how it looked before 1941. Regarding each of the seven areas of integrity: For any period before 1941, because of additions and other alterations, this house has lost integrity of design, materials, workmanship, feeling and association. Because the house has not been moved, it retains integrity of location. The surrounding area has not been described in this report, but photographs shown below reveal that only several houses pre-dating 1941 stand in the area, and thus the property has lost integrity of setting. Integrity for the period after 1941 is uncertain, because how the house looked at various times after that date is also highly uncertain. Evaluation to California Register criteria The California Register of Historical Resources (California Register) is an inventory of significant architectural, archaeological, and historical resources in the State of California. Resources can be listed in the California Register through a number of methods. State Historical Landmarks and National Register-listed properties are automatically listed in the California Register. Properties can also be nominated to the California Register by local governments, private organizations, or citizens. The evaluative criteria used by the California Register for determining eligibility are closely based on those developed by the National Park Service for the National Register of Historic Places. (Please see Continuation Sheet, page 7.) State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page ! of ! Resource Identifier: 645 Baden Avenue 7 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update Evaluation (continued) In order for a property to be eligible for listing in the California Register, it must be found significant under one or more of the following criteria: * Criterion 1 (Events): Resources that are associated with events that have made a significant contribution to the broad patterns of local or regional history, or the cultural heritage of California or the United States. * Criterion 2 (Persons): Resources that are associated with the lives of persons important to local, California, or national history. * Criterion 3 (Architecture): Resources that embody the distinctive characteristics of a type, period, region, or method of construction, or represent the work of a master, or possess high artistic values. * Criterion 4 (Information Potential): Resources or sites that have yielded or have the potential to yield information important to the prehistory or history of the local area, California, or the nation. This mainly involves archeological studies. Criterion 1 The oldest part of this house appears to pre-date 1910. The Sanborn map of that year indicates it was only a minor outbuilding belonging to the house next door at 643 Baden Avenue. It probably would not have significance for this period even if it retained integrity, but it does not retain integrity. This house was definitely used as a residence from 1925 onward, but it has lost integrity for the period before 1941, and its integrity for the period after that year is difficult to discern. Due to loss of integrity, this house can no longer evoke any early period in South San Francisco’s history, and its ability to evoke the city’s history for the period through 1950 is highly uncertain. For these reasons, the property does not appear to be eligible for the California Register under this criterion. Criterion 2 Because the house has been altered to such a high degree, no research has been done on its ownership history other than as revealed through building permits, i.e. from 1941 onward. Due to loss of integrity, the property does not appear to be eligible for the California Register under this criterion. (Please see Continuation Sheet, page 8.) State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page ! of ! Resource Identifier: 645 Baden Avenue 8 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update Evaluation (continued) Criterion 3 This house was built and added to in several stages over many years, at least from 1910 through 1951, and replacement of most doors and windows has been ongoing since then. During the house’s early years it must have been covered with wooden siding, but now it is almost entirely covered with stucco. Its architectural appearance reflects this growth over time. The building is a collection of added masses, with irregular fenestration and window sash of varied materials (wood, aluminum, and vinyl). Its almost uniform coating of stucco notwithstanding, the house lacks architectural unity and does not represent any particular style. The only architectural note is the arched opening in the entrance porch. For these reasons, and because the house has lost integrity for its early years, it does not appear to be eligible for the California Register under this criterion. Criterion 4 No evaluation of potential archaeological resources is being considered in this report. Drawings taken from Sanborn maps State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information From the November 1910 Sanborn map. The arrow points to a small outbuilding that belongs to 643 Baden Avenue (still standing) and is probably the oldest part of the subject house. The vacant lot to the west is not part of the subject property. Page ! of ! Resource Identifier: 645 Baden Avenue 9 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update Drawings taken from Sanborn maps State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information From the April 1925 Sanborn map. The oldest part of the house has received a front addition. It is now labeled “D”, indicating it is a dwelling or residence. The addition does not match the current footprint of the house. The house still seems to belong to the house next door, at 643 Baden Avenue. From the September 1950 Sanborn map. The way the lot lines are drawn on the map, it is unclear whether the house is still part of the 643 Baden property or is separately owned. In fact, it was probably separately owned by this date. The addition of rooms over a garage (per a 1941 building permit) is not shown here. Page ! of ! Resource Identifier: 645 Baden Avenue 10 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update Sketches of the front and rear elevations Front (Baden Avenue) elevation 1) This part of the house seems to show in the 1925 and 1950 Sanborn maps, but not in 1910. 2) Entrance porch, date built unknown. 3) This part of the house is recessed behind part 1). It seems to show on Sanborns of 1910 to 1950. 4) Built, perhaps in parts, at an uncertain date. It does not show on the 1950 Sanborn map. Not shown are the greenhouse in front of the storage shed or the open shed to the west of the storage shed. State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information 1) 2) 3)4) Page ! of ! Resource Identifier: 645 Baden Avenue 11 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update Rear (Second Lane) elevation 3) This part of the house seems to show on the 1910 Sanborn map and is probably the oldest part of the house. Except for the wooden windows in the basement level, no part of it has a circa 1910 appearance. 4) This part of the house does not appear in the 1950 Sanborn map. Nevertheless, a 1941 building permit suggests that the room above the garage was built in 1941. Also problematic is a building permit for the construction of the garage dated 1951. State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information 3) 4) Page ! of ! Resource Identifier: 645 Baden Avenue 12 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update Photographs of the property View looking south from Baden Avenue Front gate and wire fence State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page " of " Resource Identifier: 645 Baden Avenue 13 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update Front yard Above: view looking southeast. The house is visible behind shrubs in the background. Below: view looking northeast, toward Baden Avenue. 643 Baden is visible at right. State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page " of " Resource Identifier: 645 Baden Avenue 14 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update At left: View looking southeast. Plantings obscure the subject house at right. Below: View looking from in front of the house north toward Baden Avenue. The path is cement. State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page " of " Resource Identifier: 645 Baden Avenue 15 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update The ramp in front of the house; built in 1990 State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page " of " Resource Identifier: 645 Baden Avenue 16 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update The front of the house Below: Three views of the entrance porch and door. The window is divided by muntins into six lights. State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page " of " Resource Identifier: 645 Baden Avenue 17 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update Above left: Boxed eave at the roofline of the forward part of the house. Above right: The brick foundation of this part of the house. Windows and door. The aluminum window (at left) is one of two in the forward part of the house. The vinyl window (at right) is in the recessed part of the house. The wooden window (bottom left) and wood paneled door (bottom right) are in the basement. State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page " of " Resource Identifier: 645 Baden Avenue 18 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update The west side of the house The west side of the house is top center. Below are the greenhouse and the stucco-covered storage shed. State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page ! of ! Resource Identifier: 645 Baden Avenue 19 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update The rear of the property (along Second Lane) Above: View looking NE. From left to right: The open shed (wood, with corrugated metal roof), the stucco storage shed (one story), and the house. Below: View looking NW. State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page ! of ! Resource Identifier: 645 Baden Avenue 20 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update Direct view of the rear of the house. Sanborn maps indicate that the part at right is the oldest part of the house. All three upper-level windows have aluminum sash. The garage door is at lower left. It has v- groove siding and a metal pull. At left: A view looking north from Second Lane showing the east side of the house. Here the side-gabled roof of the oldest part of the house is visible. The rear entrance is recessed from the street about fifteen feet. It has a modern solid door. State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page ! of ! Resource Identifier: 645 Baden Avenue 21 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update Environs The south side of Baden Avenue, looking east and west from the subject property. 643 Baden Avenue is the gabled house in the top photo. State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page ! of ! Resource Identifier: 645 Baden Avenue 22 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update Views of the north side of Baden Avenue, looking west and east from in front of the subject property. Although several houses on the block date to the 1900s-1920s, most post-date World War II. State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page ! of ! Resource Identifier: 645 Baden Avenue 23 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update Views of the north side of Second Lane, looking NW and NE from the subject property. State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page ! of ! Resource Identifier: 645 Baden Avenue 24 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update Building permits This is the oldest available permit. Dated 1941, it is to construct rooms above the present garage. The existing house does have a room over a garage, but that part of the house does not show on the 1950 Sanborn map. State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page ! of ! Resource Identifier: 645 Baden Avenue 25 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update A July 1951 building permit or inspection for a 15’ by 17 garage on the property. State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page ! of ! Resource Identifier: 645 Baden Avenue 26 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update A 1942 permit to build a 10’ by 12’ sun porch. Because the present front porch is much smaller than this, it is uncertain which part of the house this was. The owner was Romeo Braschi. State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page ! of ! Resource Identifier: 645 Baden Avenue 27 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update 1990 permit for the handicap ramp. The owner was A. Elaine Braschi. State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information Page ! of ! Resource Identifier: 645 Baden Avenue 28 28 Recorded by William Kostura *Date October 2018 " Continuation ! Update This drawing of the 1990 ramp accompanies the building permit. Not copied for this report are the following two minor permits: April 1959: A housing report mentioning “rubbish in yard.” December 1961: A permit to move the electrical service from the front of the property to the rear. State of California — The Resources Agency Primary # ___________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ___________________________ CONTINUATION SHEET DPR 523L (1/95) DPR 523 A&B forms, Pages.pages *Required Information