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:
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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
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Drawn By:
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Job Number:
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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:
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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(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,
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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.
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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
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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.
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(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
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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.
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(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.
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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
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(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:
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(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
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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.
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(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.
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(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
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(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.
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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.
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(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.
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(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.
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(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).
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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
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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.
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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.
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(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.
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(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
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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;
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(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
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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.
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(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.
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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.
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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.
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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
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(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
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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.
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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.
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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.
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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.
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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;
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(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.
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(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.
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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
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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.
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(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.
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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