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HomeMy WebLinkAboutPC e-packet 04-20-06 CITY OF SOUTH SAN FRANCISCO REGULAR MEETING OF THE PLANNING COMMISSION MUNICIPAL SERVICES BUILDING 33 ARROYO DRIVE April 20, 2006 7: 30 PM WELCOME If this is the first time you have been to a Commission meeting, perhaps you'd like to know a little about our procedure. Under Oral Communications, at the beginning of the meeting, persons wishing to speak on any subject not on the Agenda will have 3 minutes to discuss their item. The Clerk will read the name and type of application to be heard in the order in which it appears on the Agenda. A staff person will then explain the proposal. The first person allowed to speak will be the applicant, followed by persons in favor of the application. Then persons who oppose the project or who wish to ask questions will have their turn. If you wish to speak, please fill out a card (which is available near the entrance door) and give it, as soon as possible, to the Clerk at the front of the room. When it is your turn, she will announce your name for the record. The Commission has adopted a policy that applicants and their representatives have a maximum time limit of 20 minutes to make a presentation on their project. Non-applicants may speak a maximum of 3 minutes on any case. Questions from Commissioners to applicants or non-applicants may be answered by using additional time. When the Commission is not in session, we'll be pleased to answer your questions if you will go to the Planning Division, City Hall, 315 Maple Avenue or telephone (650) 877-8535 or bye-mail at web- ecd @ssf.net. William Zemke Chairperson Mary Giusti Commissioner Eugene Sim Commissioner John Prouty Commissioner Judith Honan Vice-Chairperson William Romero Commissioner Marc C. Teglia Commissioner Susy Kalkin, Acting Chief Planner Acting Secretary to the Planning Commission Steve Carlson Michael Lappen Senior Planner Senior Planner Gerry Beaudin Associate Planner Chad rick Smalley Associate Planner Bertha Aguilar Clerk Please Turn Cellular Phones And PaQers Off. Individuals with disabilities who require auxiliary aids or services to attend and participate in this meeting should contact the ADA Coordinator at (650) 829-3800, five working days before the meeting. PLANNING COMMISSION AGENDA MUNICIPAL SERVICES BUILDING 33 ARROYO DRIVE April 20, 2006 Time 7:30 P.M. CALL TO ORDER / PLEDGE OF ALLEGIANCE ROLL CALL / CHAIR COMMENTS AGENDA REVIEW ORAL COMMUNICATIONS CONSENT CALENDAR 1. Approval of regular meeting minutes of January 19, February 2, February 16, March 2, and March 16, 2006. 2. Edna's Ichiban (Ben Ramos)/applicant American National Ins. Co./owner 2234 & 2236 Westborough Blvd. P02-0001: UPM05-0005 (Continue to May 4s 2006) Modification of a Use Permit to expand the range of entertainment options and expand an existing restaurant with alcoholic beverage service and hours of operation past midnight within 200 feet of a residential zone in the Retail Commercial (C-1) Zoning District in accordance with SSFMC Chapter 20.91. 3. Planned Unit Development of 44 Seville Way Maharaj, Umesh & Naleen/Owner Alavaro Romero/Applicant 44 Seville Way P05-0156: PUDM05-0003 & DR05-0092 Modification of a Planned Unit Development and Design Review allowing a 188 sq ft addition to an existing single-family residence situated at 44 Seville Way in the Single Family Residential and Planned Unit Development Zone District (R-1-C-P) in accordance with SSFMC Chapters 20.16 & 20.78 PUBLIC HEARING 4. All Speed Hobbies Use Permit Terence Lee & Partners/Owner Wesley Jang dbe All Speed Hobbies /Applicant 230 S Spruce Ave P06-0004: UP06-0003 & DR06-0030 Use Permit allowing a retail sales use in a Planned Commercial (P-C) Zone District generating in excess of 100 average daily vehicle trips. Design Review of exterior changes to the building and parking lot and upgrades to the landscaping. (SSFMC Chapters 20.24,20.81 & 20.85) Planning Commission Agenda - Cont'd April 20, 2006 Page 3 of 4 5. Vacant Lot - Terrabay Ping Hsu/Owner Ping Hsu/Applicant Vacant Lot - Terrabay (Phase I P05-0018: PP05-0001 & PM05-0001 Precise Plan and Tentative Parcel Map to subdivide a 9,261 square foot lot into three (3) lots and common areas and develop three (3) single family dwellings situated at the intersection of Northcrest and Windcrest Lane in the Terrabay Specific Plan District in accordance with SSFMC Chapters 19.48 & 20.63 6. Harley Davidson Dealership Thomas H. Perkins/owner & applicant 333 Corey Way P05-0105: UP05-0022 & DR05-0061 Permit allowing the conversion of a vacant building to motorcycle sales and repair, and Design Review of a motorcycle sales and repair facility with related landscaping and parking, situated at 333 Corey Way in the Planned Industrial Zoning District in accordance with SSFMC Chapters 20.32, 20.81 and 20.85. 7. Patrick Doherty/applicant Patrick Doherty/owner 90 Oak Ave P06-0016: DR06-0015 & SA06-0001 Tentative Subdivision Map and Design Review allowing for the construction of a three-story building and resubdividing three (3) abutting lots into a single lot containing thirteen (13) residential condominiums and common area, situated at 90 Oak Avenue, in the Multi-Family (R-3-L) Zone District in accordance with SSFMC Chapters 20.85 and 20.125 & Title 19. Affordable Housing Agreement between the applicant and the City of South San Francisco restricting three (3) of the dwellings as affordable housing unit. Density Bonus of nine percent (9%) over the zone district maximum of 30 units per acre, as provided for in SSFMC Chapter 20.130. 8. Lowe's HIW, Inc.lapplicant Project 101 Associates/owner 600-790 Dubuque Avenue POS-0097: EIR05-0002 Public Hearing on the Draft Environmental Impact Report (DEIR) for the proposed Lowe's development. ADMINISTRATIVE BUSINESS ITEMS FROM STAFF ITEMS FROM COMMISSION Planning Commission Agenda - Cont'd April 20, 2006 Page 4 of4 ITEMS FROM THE PUBLIC ADJOURNMENT -&~{ - sbSy Kalki Acting Se retary to the Planning Commission City of South San Francisco NEXT MEETING: Regular Meeting April 20, 2006, Municipal Services Building, 33 Arroyo Drive, South San Francisco, CA. Staff Reports can now be accessed online at http://weblink.ssf.netl SK/bla Planning Commission Staff Report DATE: April 20, 2006 TO: Planning Commission SUBJECT: Edna's Ichiban Restaurant - Use Permit Modification application to allow modifications to an existing Use Permit at 2234A & 2236 Westborough Boulevard in the Retail Commercial (C-1) Zone District in accordance with SSFMC Chapters 20.22 and 20.81 Owner: Westborough Square Shopping Center Applicant: Ben Ramos Case Nos.: P02-0001: UPM05-0005 RECOMMENDATION: That the Planning Commission continue this matter to the meeting of May 4, 2006. BACKGROUND: The applicant needs more time to provide additional information about the proposed use. ~~ Ge. eaudin Associate Planner Planning Commission Staff Report DATE: April 20, 2006 TO: Planning Commission SUBJECT: 1. Residential Planned Unit Development Modification allowing a 188 square foot addition to an existing single family dwelling. 2. Design Review of an addition to an existing single family dwelling. Property Location: 44 Seville Way in the Single Family Residential (R- 1-C-P) Zone District. SSFMC: Chapters 20.68 & 20.78 & 20.85. Owner and Applicant: Maharaj & N aleen Umesh Case Nos.: P05-0156 [PUD 05-0003 & DR 05-0092] RECOMMENDATION: That the Planning Commission approve 1) Modification of a Residential Planned Unit Development allowing a 188 square foot addition to an existing single family dwelling; and 2) Design Review of an addition to an existing single family dwelling, subject to making the required fmdings of approval and adopting conditions of approval. BACKGROUND/DISCUSSION: The 18,420 square foot site is improved with a two-story single family dwelling containing 2,292 square feet. The project includes the construction of an addition of a family room to the single family dwelling resulting in a new floor area of 2,480 square feet. Parking for two vehicles is provided on-site in a two car garage. The driveway apron provides additional parking spaces. The site is adjacent to other single family dwellings. The project site's General Plan land use designation, Low Density Residential, allows single family dwellings. The project complies with the General Plan goals and policies. The present Low Density Residential (R -l-C-P) zoning allows the proposed addition to the existing single family dwelling, subject to the Planning Commission approval of a Modification to the Residential Planned Unit Development. The proposed development complies with the City's minimum standard development standards as displayed in the following tables: Date: April 20, 2006 To: Planning Commission Subject: P05-0156 44 Seville Way Page 2 of 3 DEVELOPMENT STANDARDS Total Site Area: 0.423 acres [18,420 SF] Density: Maximum: 5.0 DU/Acre Existing: 2.37 DU/Acre Height Maximum: 35 FT Existing: 22FT Automobile Parking Minimum: 2 Existing: 2 Floor area: Existing: 2,292 SF Proposed: 2,480 SF Lot Coverage: Maximum: 50% Proposed: 9.6% Setbacks: Minimum Existing: Proposed Front 15 FT 15 FT 15 FT Side 5FT 11 FT 11 FT Left Side 5FT 22.5 FT 10FT Rear 20FT 162 FT 162 FT The proposed development meets all the City development standards including parking, lot coverage, setbacks, and height. The lots and dwellings in the immediate vicinity of 44 Seville Way are of similar size and development intensity. The proposed 188 square foot addition complies with existing pattern of development. The proposed Floor Area Ratio [FAR] of 0.13 is well below the General Plan standard of 0.5 for a low density area. DESIGN REVIEW BOARD The project was reviewed by the Design Review Board at their meeting of November 15, 2005. At the meeting the Board determined that the 188 square foot at-grade addition was in keeping with the City's Design Guidelines and the architectural style of the area and recommended that the Planning Commission approve the development. Date: April 20, 2006 To: Planning Commission Subject: P05-0 156 44 Seville Way Page 3 of 3 NEIGHBOPJIOOD ]VIEETIl'~G A neighborhood meeting was conducted on February 15,2006. The meeting started at 6:30 P.M. and was attended by 10 residents, the applicants, the project team, and Steve Carlson of the City's Planning Division staff. The project designer reviewed the proposed development. The residents expressed support for the proposed development. The residents thought that the dwelling fit the neighborhood and a couple wanted to have similar development on their own lot. The clear consensus of the residents was that the development was desirable. The meeting ended at 7:30 P.M. ENVIRONMENTAL REVIEW The City staff determined that the proposed development is Categorically Exempt from the provisions of the California Environmental Quality Act in accordance with Section 15303, Class 3 New Construction or Conversion of Small Structures. Because the project has been determined to be exempt, the Planning Commission need take no further action regarding the environmental reVIew. CONCLUSION/RECOMMENDA TION: The construction of a 188 square foot family rOOIn addition to the existing single family dwelling is consistent with the City's General Plan, with all applicable requirements of the City's Zoning (SSFMC Title 20) and is compatible with the surrounding residences. The Planning Commission should approve 1) Modification of a Residential Planned Unit Development allowing a 188 square foot addition to the existing single family dwelling; and 2) Design Review of an addition to an existing single family dwelling, subj ect to making the required findings of approval and adopting conditions of approval. ~./~ ~ ec-~ S ve Carlson, Senior Planner ATTACHMENTS: Draft PUD Findings of Approval Draft Conditions of Approval DRB Minutes November 15, 2005 Plans FINDINGS OF APPROVAL pun 05-0003 44 SEVILLE WAY (As recommended by City Staff April 20, 2006) As required by the Planned Unit Development Procedures [SSFMC Chapter 20.84], the following fmdings are made in approval of a ~v1odification of a Residential Planned Unit Development, approve Modification of a Residential Planned Unit Development allowing a 188 square foot addition to an existing single family dwelling, subject to making the findings of approval and, based on public testimony and the materials submitted to the City of South San Francisco Planning Commission which include, but are not limited to: Plans prepared by Alvaro Romero of R & R Designers Group, dated August 2005; Design Review Board meeting and minutes of November 15, 2005; Planning Commission staff report of April 20, 2006; and Planning Commission meeting of April 20, 2006: 1. The subject site is physically suitable for the 188 square foot addition to the existing single family dwelling. The dwelling addition is similar in style to existing adjacent dwellings and shares a similar floor area ratio. The City's Design Review Board and the Westborough Home Owner's Association recommended approval of the proposed single family dwelling addition. Conditions of approval require that the development conform to the City's development standards. 2. The 188 square foot addition to the existing single family dwelling was reviewed and recommended for approval by the City's Design Review Board to be in accordance with the City of South San Francisco Design Guidelines and to provide a high quality of fit with the existing neighborhood. The dwelling addition shares a similar floor area ratio as the existing adj acent dwellings and will be in conformity with the adjacent residences. The addition will reinforce a residential environment of sustained desirability and stability by matching the development quality and design. 3. The project complies with the provisions of the California Environmental Quality Act. 4. The proposed development is consistent with the General Plan Land Use Element designation of the site of Low Density Residential and the Housing Element that encourages the development of housing to meet the City's fair share housing need. 5. The proposed 188 square foot addition to an existing single family dwelling will not be adverse to the public health, safety or general welfare of the community, or unreasonably detrimental to surrounding properties or improvements. The development is designed to comply with the City design guidelines and the architectural theme of the surrounding residential enclave. Conditions of approval are attached which will ensure that the development complies with local development standards and requirements. * * * CONDITIONS OF APPROVAL 44 SEVILLE WAY P05-0 156 PUD05=0003 & DR 05-0092 (As recommended by City Staff on April 20, 2006) A. PLAl'n'-~Il'-~G DIVISIOl'-~ 1. The applicant shall comply with the City's Standard Conditions and with all the requirements of all affected City Divisions and Departments as contained in the attached conditions, except as amended by the conditions of approval. 2. The construction drawings shall substantially comply with the Planning Commission approved plans, as amended by the conditions of approval including the revised plans prepared by Alvaro Romero of R & R Designers Group, dated August 2005, submitted in association with P05-0156. (Planning Contact: Steve Carlson 650/877-8353, Fax 650/829-6639) B. ENGINEERING DIVISION 1. The applicant shall comply with all of the applicable conditions of approval detailed in the Engineering Division's "Standard Conditions for a Single Family Home Constructed on an Existing In-Fill Lot", contained in our "Standard Development Conditions" booklet dated January 1998. A copy of this booklet is available in our Engineering Division office at no charge to the applicant. 2. The building permit application plans shall conform to the standards of the Engineering Division's building permit application plan submittal requirements, including the submittal of a grading, drainage and utility plan for the building. 3. All new improvements proposed to be constructed within the Seville Way right- of-way, including the sewer, gas & electric connections, shall be approved by the Engineering Division and installed to City standards. An encroachment permit shall be obtained from the Engineering Division for this work, prior to receiving a building permit for the proposed project. The cost of all work shall be borne by the developer. 4. Upon completion of the building construction and site improvements, the developer shall clean, repair, or reconstruct (if necessary), the existing curb, gutter, sidewalk and driveway approach along the entire frontage of the site, as may be required by the Engineering Division staff, as needed to conform to current City standards. (Engineering Division: Michelle Bocalan PH: 650/829-6652) C. POLICE DEPARTMENT 1. The applicant shall comply with the provisions of Chapter 15.48 of the Municipal Code, "Minimum Building Security Standards" Ordinance revised May 1995. The Police Department reserves the right to make additional security and safety conditions, if necessary, upon receipt of detailed/revised building plans. 2. The applicant should consider employing an open fence (e.g. wrought-iron with columns to facilitate surveillance and access control, as well as the creation of defensible space. 3. The applicant should ensure that plants placed in front of windows are maintained to a height of no more than 36" to facilitate surveillance of the street, and to discourage potential burglars to secrete themselves behind shrubbery. The applicant should consider the use of defensible plants to create natural barriers and defensible space. (police Department: Sergeant E. Alan Normandy (650) 877-8927) D. FIRE DEPARTMENT 1. Install fire sprinkler system per NFP A 13D & SSFFD requirements. Submit under separate fire plan check and fire permit. 2. Comply with all other code requirements. (Fire Department: Bryan Niswonger (650) 877-6671) E. WATER QUALITY CONTROL 1. The onsite catch basins are to be stenciled with the approved San Mateo Countywide Stormwater Logo. 2. A plan showing the location of all storm drains and sanitary sewers must be submitted and approved prior to issuance of a building permit. 3. Show direction and fmal destination of the v-ditch flow. 4. Install a detention basin connected to roof downspout (downslope from building). 5. Minimize the use of impermeable surface, replace with permeable surfaces. 6. A plan showing the location of the concrete wash out area and location of entrance/outlet of tire wash must be submitted and approved prior to the issuance of a building permit. 7. A grading and drainage plan must be submitted and approved prior to the issuance of the building permit. 8. An erosion and sediment control plan must be submitted and approved prior to the issuance of a building permit. 9. Preserve existing trees and use deep-rooted vegetation for erosion control. 10. Applicant must pay sewer connection fee of$1,555.00. (Water Quality Control: Cassie Prudhel PH:(650) 829-3840) DRB Minutes September 20, 2005 Page 3 of 4 7. OWNER APPLICANT ADDRESS PROJECT NUMBER PROJECT NAME DESCRIPTION 8. Approved as submitted. OWNER APPLICANT ADDRESS PROJECT NUMBER PROJECT NAME Maharaj, Umesh & Naleen Alavaro Romero 44 Seville Way P05-0156, DR05-0092 & PUDM05-0003 Planned Unit Modification (Case Planner Steve Carlson) Planned Unit Modification and Design Review allowing a 188 sq ft addition to an existing single-family residence situated at 44 Seville Way in the Single Family Residential and Planned Unit Development Zone District (R -l-C- P) in accordance with SSFMC Chapters 20.16 & 20.78. Bonifacio Alfane Bonifacio Alfane 448 Avalon Dr P05-0158 & DR05-0093 Alfane Residence (Case Planner Steve Carlson) DESCRIPTION Design Review of a 2nd story addition to an existing single family dwelling in the Single Family Residential (R-1-E) Zone District in accordance with SSFMC Chapters 20.16 & 20.85. The Board had the following comments: 1. Replace the proposed class c built up roof with a hip sloped to match the existing residence. 2. Consider adding a vestibule into the master bedroom. 3. Add a window on the west side elevation at the family room. 4. Include trim around new windows to match existing. 5. Clarify access to rear yard i.e. stair, landing. No need to come back to DRB. 9. MISCELLANEOUS Is/Thomas C. Sparks Thomas C. Sparks Chief Planner "D In 0 :D ~ t I.di CI) ~ "D m i n ,! . -I .. In~ ;: I i ~h 1ft i!-i~.!! tj) a: ~ ...- ~ r () :II \I :P- tj) I>> ~ )> . z Z r --< 11 ~ JU ~ J> 10 ~~n~ ~ ~ )> tj) r- a ;~:.~! :;: ~ z m m () Hb~ ~~ (\ < m ~ ~ ile~ ~ a ~Q....~.!'a_ tj) r Z :P- i O)-I: = ~ t a (\ r CJ [ ~ i () m i: CJ ~ " ~ (\ ~ =! ~H1~!r! i )> )> J> () :>'l"rii r -{ :&: z ~~ p =5 ~;;. R !I,!' ~ 'V ... \I :II .J:\ 39~~ e ~ 0 ~ :II () t:~i~ ~ c. /0 1'/1 () ~ ~ n J> .. -I \P ... C. 1'/1 () :DJ "I~' -!II ~ a: ~ . ft~ ~~ ~ ~~~ g i ~.~ i ,,~ N ~ !Ii ~ ~ ~ ~ ~ a ai ~B Illl 'ti h ~BI'~::l!" j" g"..,,~. ~I~ o~ O!lgll~"~ i~~~ 8~" ,,"'" ~. );:. 7' ~~... . 0 hn :<. ~. 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Owner: Terence Lee & Partners Applicant: Wesley Jang dba All Speed Hobbies Case Nos.: P06-0004, UP06-0003, DR06-0030 RECOMMENDATION: It is recommended that the Planning Commission approve application P06-0004 for Use Permit UP06-0003 and Design Review File DR-06-0030 based on the attached Findings and subject to the attached Conditions of Approval. BACKGROUNDIDISCUSSION: Project/Site Description: The subject property is .98 acres in size and located southwest of the intersection of Myrtle and South Spruce Avenues. The site is improved with a 7,567 square foot office building, 42-space parking lot and landscaping. The previous use of the building was office space occupied by the California Employment Development Department. The applicant proposes to convert the existing office building into retail use as a hobby store. Products to be offered will include radio controlled model cars, trucks and airplanes and replacement parts for these products. The applicant currently operates this business in Downtown Millbrae, and plans to relocate his establishment to a larger building in order to expand product inventory as well as provide space for customers to test products before purchasing or after repairs (see Applicant's Project Narrative, attached). Proposed changes to the building include the placement of an 8 'x8' metal doorway at the rear of the building for product deliveries, and interior walls to partition the building into areas for inventory storage (1,696 sq. ft.), offices, restrooms and related space (1,997 sq. ft.), display space (925 sq. ft.) and toy demonstration space (2,949 sq. ft.). Staff Report To: Planning Commission Subject: All Speed Hobbies 230 So. Spruce April 20, 2006 Page 2 of 5 Other proposed changes to the site include placement of a wall-mounted sign and relocation of the accessible parking stalls. The sign will require a separate permit from the Planning Division. Four owners will operate the store, with typically 2-3 owner/operators on site during business hours. The hours of operation are proposed as follows: Monday through Saturday Sunday 11 AM to 7 PM 12 PM to 5 PM Product deliveries will occur during normal business hours via FedEx, UPS and other similar postal companies. Zoning The property is zoned "P-C" Planned Commercial which lists "Retail Sales" as a permitted use (SSFMC Sec. 20.24.020(b )). In the P-C district, any non-residential uses that create 100 or more average daily vehicle trips (ADT) require a use permit (SSFMC Sec. 20.24.060). According to the Institute of Transportation Engineers (ITE) Trip Generation Manual (6th ed.), "specialty retailers" are expected to generate 20-40 ADT per 1,000 gross square feet. At over 7,500 square feet, based on the ITE criteria, the proposed use would theoretically generate over 100 ADT. Recommended Conditions of Approval 2, 4 and 5 (attached) are proposed by Staff to ensure the use remains consistent with the "Retail Sales" designation. Pursuant to these conditions, the conduct of special events or other ancillary uses will not be permitted absent a revision to the subject Use Permit. The applicant has reviewed and concurs with the Recommended Conditions of Approval. Signs The plans depict one 18 square foot non-illuminated sign to be mounted on the building's east elevation. As noted above, this sign will require a separate sign permit from the Planning Division, as such; approval of this Use Permit Application does not constitute approval of any signage. Recommended Condition of Approval number 3 speaks to the requirement for a Sign Permit. Setbacks No changes to the existing building envelope are proposed. The existing building is located 5 feet from the property line abutting Myrtle Avenue, and this yard is nonconforming, since Section 20.71.030 requires a 10-foot setback to the street side of a comer lot. The building complies with all other applicable setbacks. Because the applicant is not proposing any change to the building envelope that could make the building more nonconforming, the substandard yard Staff Report To: Planning Commission Subject: All Speed Hobbies 230 So. Spruce April 20, 2006 Page 3 of 5 may remain (SSFMC Sec. 20.97.040). Development standards The site and building generally comply with current City development standards, as outlined in the table below: Standard Minimum/Maximum Proposed Coverage 50% (max.) 18% Floor Area Ratio (FAR) .4 (max.) .18 Landscaping 10% (min.) 17% Parking 38 (min) 42 Landscaping & Parking Only minimal changes to the parking layout are proposed, including relocation of the accessible parking area and the striping of a loading area at the new metal doors proposed at the back of the building. The proposed 42-space configuration meets the minimum required 38 parking space standard (1 per 200 sq. ft.) set forth in SSFMC Chapter 20.74 for retail and general commercial uses. The existing landscaping comprises 18% of the subject property, exceeding the City's minimum requirement of 10% of the total site area. General Plan The subject property is designated "Mixed Industrial" by the Geneml Plan, and is located in the "South Spruce Corridor" planning sub-area. More specifically, the property is located in "Area B: South and Central Corridor" of this sub-area. General Plan Implementing Policy 3.3-1-11 allows for continuation of existing manufacturing operations in this area, but requires new development to be consistent with the Business Commercial designation. As retail is a commercial use consistent with the Business Commercial designation, the proposed retail store is consistent with the applicable policies of the General Plan. Design Review Board The project design was reviewed by the Design Review Board at its meeting of February 21, 2006. The Board offered the following comments: 1. Confirm that there is a 25' back up space between the loading area and the trash enclosure. Staff Report To: Planning Commission Subject: All Speed Hobbies 230 So. Spruce April 20, 2006 Page 4 of 5 2. Repair the trash enclosure. 3. Add five or six new trees to the parking lot, along the street frontages - trees are to be selected from the City's tree planting list. Based on the Board's recommendations, the applicant has revised the parking layout at the trash enclosure and added six trees to the landscape planting scheme. These changes have been incorporated into the project plans (attached). The requirement to repair the trash enclosure has been included in the Recommended Conditions of Approval. The minutes of the Design Review Board are attached to this staff report. Neighborhood Meeting Due to the project's proximity to a residential area, a Neighborhood Meeting was held at 7 p.m. on March 30,2006 at the subject property. Notice of the meeting was sent to approximately 60 nearby residences and business owners. Staff and representatives of the applicant attended the meeting. No other parties attended the meeting, thus no neighborhood concerns were expressed and the meeting was adjourned at 7:45 p.m. Environmental Review The proposed project has been determined to be categorically exempt from environmental review under the provisions ofCEQA (Class 1, Section 15301: Minor alteration to existing facilities). CONCLUSION/RECOMMENDA TION: The proposed use is consistent with the City's General Plan and Zoning Ordinance. Consequently, staff recommends that the Planning Commission approve Use Permit UP06-0003 and Design Review DR 06-0030 based on the attached Findings and subject to the attached Conditions of Approval. ATTACHMENTS: Draft Findings of Approval Draft Conditions of Approval Design Review Board Minutes - February 21, 2006 Applicant's Proj ect Narrative Plans Draft Findings Page 1 of 1 DRAFT FINDINGS OF APPROVAL USE PERMIT APPLICATION P06-0004 WESLEY JANG DBA ALL SPEED HOBBIES 230 SOUTH SPRUCE AVENUE (As recommended by City Staff on April 20, 2006) As required by the "Use Permit Procedures:' (SSFMC Chapter 20.81), the following findings are made in approval of Use Permit Application P06-0004 allowing the establishment of a retail sales use generating in excess of 100 average daily vehicle trips and design review of exterior changes to the building, parking lot and landscaping, at 230 South Spruce Avenue in the P-C Planned Commercial Zoning District in accordance with SSFMC Sections 20.24, 20.81, and 20.85, based on public testimony and the materials submitted to the City of South San Francisco Planning Commission which include, but are not limited to: Plans prepared by Wei-Ming Chen submitted in association with P06-0004; Design Review Board meeting of February 21, 2006; Design Review Board meeting minutes of February 21, 2006, Planning Commission Staff Report dated April 20, 2006; and Planning Commission meeting of April 20, 2006: 1. The establishment of the retail hobby store in the existing 7567 square foot office building, with associated site improvements including changes to the building exterior, parking layout and upgrades to landscaping will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements. The project as proposed conforms to the City of South San Francisco Design Guidelines, which ensure compatibility with the existing surrounding commercial and residential development. The proposed upgrades to the existing landscaping will make the site more aesthetically pleasing. The parking supply will be adequate to meet the projected parking demand. The Recommended Conditions of Approval will ensure that the development complies with the applicable development standards. 2. The proposed retail use complies with the General Plan policies applicable to the "Mixed Industrial" land use designation, including Implementing Policy 3.3-1-11, which requires new development to be consistent with the Business Commercial designation. Because retail uses are consistent with the Business Commercial designation, the proposed retail store is consistent with the General Plan. 3. The proposed project complies with the applicable standards and requirements of the P-C Zone District, which lists "Retail Sales" as a Permitted Use. All applicable development standards will be met. PROPOSED CONDITIONS OF APPROVAL USE PERMIT APPLICATION P06-0004 WESLEY JANG DBA ALL SPEED HOBBIES 230 SOUTH SPRUCE AVENUE (As recommended by City Staff on April 20, 2006) A. Planning Division requirements shall be as follows: 1. The applicant shall comply with the Planning Division's "Standard Conditions and Limitations for Commercial Industrial and Multi-family Residential Projects" as revised February 1999. 2. The project shall be completed and operated substantially as indicated in the plans prepared by Wei-Ming Chen, received 4/12/06. 3. No signs shall be installed prior to the issuance of a Sign Permit by the Planning Division. 4. The hours of operation shall be 11AM - 7PM Monday through Saturday and 12PM - 5PM Sunday. 5. No additional uses, including special events, or new or expanded buildings shall be established or constructed beyond those identified on the approved site plan without prior approval of a new permit or revision to the Use Permit and applicable environmental review. 6. Prior to the establishment of the retail use, the applicant shall repair the trash enclosure to the satisfaction of the City of South San Francisco. 7. All operations associated with the use, except parking and loading, shall take place entirely within the building. 8. The applicant shall take all necessary measures to prevent noise, light, glare, and radio interference or other objectionable elements from adversely affecting the surrounding area beyond acceptable limits. (Planning Division: Chadrick Smalley, Associate Planner, (650) 877-8353, Fax (650) 829-6639) Recommended Conditions of Approval April 20, 2006 Page 2 of6 B. Engineering Division requirements shall be as follows: 1. STANDARD CONDITIONS The developer shall comply with the applicable conditions of approval detailed in the Engineering Division's "Standard Conditions for Commercial and Industrial Developments", contained in our "Standard Development Conditions for Subdivisions and Private Developments" booklet, dated January 1998. This booklet is available at no cost to the applicant from the Engineering Division. 2. SPECIAL CONDITIONS a) Upon completion of the building alterations and site improvements, the applicant shall clean, repair or reconstruct, the existing curb, gutter and driveway approaches, along the entire frontage of the subject parcel, as may be required by the City's Public Works Inspector, to conform to current City public improvement safety and drainage standards, prior to receiving a "final", or occupancy permit, for the proposed renovated development, or new tenant improvements.. c) All new improvements to be constructed within the street right-of-way, or City owned easements, shall be approved by the Engineering Division and installed to City standards. An Encroachment Permit shall be obtained from the Engineering Division for all public improvement work, prior to receiving a Building Permit for the renovation project. The cost of all work and repairs shall be borne by the applicant. 3. ON-SITE IMPROVEMENTS a) The applicants shall design, construct and install a drainage system within the site that will prevent runoff from the paved areas of the project from overflowing into Myrtle and South Spruce Avenues, or on to adjacent private property. Any existing drainage facilities that are proposed to be re-used shall be inspected by a competent consultant and cleaned, repaired, or improved by the applicant's contractor, in order to conform to City Engineering Division site drainage standards. A report shall be prepared by the applicant's drainage consultant and submitted to the Engineering Division for review and approval. The report shall describe the condition and adequacy or any existing storm drainage facilities that will be re-used and shall justify the design of all proposed new improvements to the site's drainage system. The applicant shall design and install the drainage improvements described in the approved report, to the satisfaction of the City's Engineering Public Works Inspector, prior to receiving an occupancy permit for the particular development for which the building permit has been issued. b) The applicant shall submit on-site pavement construction; pavement repair, striping, signing and traffic control plans for all interior parking lots and driveway isles within the site. R1 "Stop" signs shall be installed at each exit from the site. All traffic control signs shall be mounted on 2" diameter, galvanized steel poles. c) The applicant shall install new storm water pollution control devices and filters with the existing and new site drainage system, as required to prevent pollutants deposited on the impervious surfaces within the site from entering the public storm drains. Plans for these facilities shall be Recommended Conditions of Approval April 20, 2006 Page 3 of6 prepared by the applicant's consultant and submitted to the Engineering Division and to the City's Environmental Compliance Coordinator, for review and approval. Storm drain pipes, shall not connect to each other at a "blind" connection. All storm drains shall begin and end at a manhole, catchbasin, inlet, or junction box, in order to provide access for cleaning and maintenance. (Engineering Division: Michele Bocalan, Consulting Assistant Engineer (650) 829-6652) C. Police Department requirements shall be as follows: 1. MUNICIPAL CODE COMPLIANCE The applicant shall comply with the provisions of Chapter 15.48 of the Municipal Code, "Minimum Building Security Standards" Ordinance revised May 1995. The Police Department reserves the right to make additional security and safety conditions, if necessary, upon receipt of detailedlrevised building plans. 2. BUILDING SECURITY a) Doors 1) The jamb on all aluminum frame-swinging doors shall be so constructed or protected to withstand 1600 lbs. of pressure in both a vertical distance of three (3) inches and a horizontal distance of one (1) inch each side of the strike. 2) Glass doors shall be secured with a deadboIt lockI with minimum throw of one (1) inch. The outside ring should be free moving and case hardened. 3) Employee/pedestrian doors shall be of solid core wood or hollow sheet metal with a minimum thickness of 1-3/4 inches and shall be secured by a deadboIt lockI with minimum throw of one (1) inch. Locking hardware shall be installed so that both deadbolt and deadlocking latch can be retracted by a single action of the inside knob, handle, or turn piece. 4) Outside hinges on all exterior doors shall be provided with non-removable pins when pin-type hinges are used or shall be provided with hinge studs, to prevent removal of the door. 5) Doors with glass panels and doors with glass panels adjacent to the doorframe shall be secured with burglary-resistant glazing2 or the equivalent, if double-cylinder 1 The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action ofthe inside door knob/lever/tumpiece. A double-cylinder deadbolt lock or a single-cylinder deadbolt lock without a tumpiece may be used in "Group B" occupancies as defined by the Uniform Building Code. When used, there must be a readily visible durable sign on or adjacent to the door stating "This door to remain unlocked during business hours", employing letters not less than one inch high on a contrasting background. The locking device must be of type that will be readily distinguishable as locked, andits use may be revoked by the Building Official for due cause. 25/16" security laminate, 1/4" polycarbonate, or approved security film treatment, minimum. Recommended Conditions of Approval April 20, 2006 Page 4 of6 deadbolt locks are not installed. 6) Doors with panic bars will have vertical rod panic hardware with top and bottom latch bolts. No secondary locks should be installed on panic-equipped doors, and no exterior surface-mounted hardware should be used. A 2" wide and 6" long steel astragal shall be installed on the door exterior to protect the latch. No surface- mounted exterior hardware need be used on panic-equipped doors. 7) On pairs of doors, the active leaf shall be secured with the type of lock required for single doors in this section. The inactive leaf shall be equipped with automatic flush extension bolts protected by hardened material with a minimum throw of three- fourths inch at head and foot and shall have no doorknob or surface-mounted hardware. Multiple point locks, cylinder activated from the active leaf and satisfying the requirements, may be used instead of flush bolts. 8) Any single or pair of doors requiring locking at the bottom or top rail shall have locks with a minimum of one throw bolt at both the top and bottom rails. b) Windows 1) Louvered windows shall not be used as they pose a significant security problem. 2) Accessible rear and side windows not viewable from the street shall consist of rated burglary resistant glazing or its equivalent. Such windows that are capable of being opened shall be secured on the inside with a locking device capable of withstanding a force of two hundred- (200) lbs. applied in any direction. 3) Secondary locking devices are recommended on all accessible windows that open. c) Roof Openings 1) All glass skylights on the roof of any building shall be provided with: a) Rated burglary-resistant glass or glass-like acrylic rnaterial? or: b) Iron bars of at least 1/2" round or one by one-fourth inch flat steel material spaced no more than five inches apart under the sky light and securely fastened. or: c) A steel grill of at least 1/8" material or two inch mesh under sky light and securely fastened. 2) All hatchway openings on the roof of any building shall be secured as follows: a) If the hatchway is of wooden material, it shall be covered on the outside with at least 16 gauge sheet steel or its equivalent attached with screws. b) The hatchway shall be secured from the inside with a slide bar or slide bolts. Recommended Conditions of Approval April 20, 2006 Page 5 of6 The use of crossbar or padlock must be approved by the Fire Marshal. c) Outside hinges on all hatchway openings shall be provided with non- removable pins when using pin-type hinges. 3) All air duct or air vent openings exceeding 8" x 12" on the roof or exterior walls of any building shall be secured by covering the same with either of the following: a) Iron bars of at least 1/2" round or one by one-fourth inch flat steel material, spaced no more than five inches apart and securely fastened. or: b) A steel grill of at least 1/8" material or two inch mesh and securely fastened and c) If the barrier is on the outside, it shall be secured with galvanized rounded head flush bolts of at least 3/8" diameter on the outside. d) Lighting 1 ) All exterior doors shall be provided with their own light source and shall be adequately illuminated at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 2) The premises, while closed for business after dark, must be sufficiently lighted by use of interior night-lights. 3) Exterior door, perimeter, parking area, and canopy lights shall be controlled by photocell and shall be left on during hours of darkness or diminished lighting. e) Numbering of Buildings 1) The address number of every commercial building shall be illuminated during the hours of darkness so that it shall be easily visible from the street. The numerals in these numbers shall be no less than four to six inches in height and of a color contrasting with the background. 2) In addition, any business, which affords vehicular access to the rear through any driveway, alleyway, or parking lot, shall also display the same numbers on the rear of the building. f) Alarms 1) The business shall be equipped with at least a central station silent intrusion alarm system. NOTE: To avoid delays in occupancy, alarm installation steps should be taken well in advance of the final inspection. Recommended Conditions of Approval April 20, 2006 Page 6 of6 g) Traffic, Parking, and Site Plan 1) Handicapped parking spaces shall be clearly marked and properly sign posted. NOTE: For additional details, contact the Traffic Bureau at 829-3934. h) Misc. Security Measures 1) Commercial establishments having one hundred dollars or more in cash on the premises after closing hours shall lock such money in an approved type money safe with a minimum rating ofTL-15. 2) Radio frequencies emanating from the site shall not interfere with Public Safety Communications at any time. (Police Department: Sgt. E. Alan Normandy (650) 877-8927) DRB Minutes February 21,2006 Page 2 of5 4. 5. 6. OWNER APPLICANT ADDRESS PROJECT NUMBER PROJECT NAME Tam-Leung Mira Lee 425 Eccles Ave P06-0010, DR06-0010 & UP06-0006 Use Permit (Case Planner: Steve Carlson) DESCRIPTION Use Permit allowing a print shop generating in excess of 100 average daily vehicle trips and Design Review of new roll-up doors and landscaping at 425 Eccles Avenue in the Planned Industrial (P-I) Zone District in accordance with SSFMC Chapters 20.32 & 20.81. The Board had the following comments: 1. Include two handicap parking spaces, one of which must be van accessible. 2. Install eyebrow roofs over the opening of the two roHup doors on the front elevation. 3. Relocate the handicap spaces so there is no conflict between the handicap spaces and the loading/delivery areas. To separate the two areas, the planter island and curb can be pulled away from the building to accommodate the handicap parking in front of the entry. 4. Relocate the drive lane to be farther away from the building. When the handicap parking spaces are put perpendicular to the building and in front of the entry, the drive aisle will be further away from the building. OWNER APPLICANT ADDRESS PROJECT NUMBER PROJECT NAME DESCRIPTION Terence Lee & Partners Wesley Jang 230 S Spruce Ave P06-0004 & UP06-0003 Use Permit (Case Planner: Steve Carlson/Chad Smalley) "Resubmittal" - Use Permit allowing a retail sales use in a Planned Commercial (P-C) Zone District generating in excess of 100 average daily vehicle trips. Design Review of exterior changes to the building and parking lot and upgrades to the landscaping. (SSFMC Chapters 20.30, 20.81 & 20.85) General Plan Amendment changing the site from Mixed Industrial to Business Commercial. The Board had the following comments: 1. Confirm that there is a 25' back up space between the loading area and the trash enclosure. 2. Repair the trash enclosure. 3. Add five or six new trees to the parking lot, along the street frontages - trees are to be selected from the City's tree planting list. OWNER APPLI CANT ADDRESS PROJECT NUMBER PROJECT NAME DESCRIPTION Dean P. Munoz Dean P. Munoz 449 Valverde Dr. P05-0094 & DR06-00 14 Munoz Residence 2nd-Story Addition (Case Planner: Chad Smalley) "Resubmittal" - Design Review of proposed alterations to a 2nd-story addition that was approved in 2005 at 449 Valverde Drive in the Single- Family Residential (R-I-E) Zone District in accordance with SSFMC Chapters 20.16 & 20.85. January 26, 2006 Dear Planning COlTIlTIissioners, We of All Speed Hobbies both sell, and service battery charged remote control products such as, 1/50, 1/24, 1/12, and 1/10 scale cars, airplanes, and helicopters. All Speed Hobbies has been in business in the City of Millbrae for 2 years now. We are located at 205 Broadway Avenue in Millbrae. Our store hours are from l1am to 7pln, Monday to Saturday, and 12pm to 5pln on Sundays. Our store is owned and operated by 4 owners, serving various custolners daily. We usually have two to three persons working behind the counter and managing the floor. Our customer base is froln all ages and all professions. They travel froln throughout the bay area just to visit and purchase specific products frOln our store. Our custolners are also friendly and knowledgeable and sOlnetimes a father and son teams. At tilnes, SOlne of the regulars at our store will go out of their way to help out a new comer with their questions, or even give them advice on how to better their unit, whether it is a car, helicopter, or an airplane. Some customers have been in this hobby for many years and know ahnost as much as our expert owners behind the counters. This is where new friendships may develop in this awesome hobby orRlc. Our inventory consists of remote control cars, airplanes, helicopters, and parts to service these products for if a custolner had broken a specific part. We can special order a particular part or parts our customers may be looking for. We receive our inventory froln several distributors thought the United States. All our inventories are delivered by UPS, USPS, and Fed-Ex. All shiplnents come in during regular business hours. With this new location, we would be able to expand our inventory significantly, carrying more, new and exciting products for all of our customers. Within these 2 years, we have outgrown our current location and the move to this new location would allow us to provide a wider range of products and services. It is iInpossible to achieve this without lnore space for our products. With lnore space, we would be able to hold additional inventory than what we hold today and provide an area for repairing or just checking a custolners RlC unit. We would also being providing a demonstration area for our custolners to test and operate their R/C units. Customers would be further satisfied because they would not have to wait for weeks for a product to arrive. On top of all this, our customers would be allowed to fix their unites) and then test it right after. This will increase our store productivity significantly and would be the convenience for our customers. At this new location, we will attract new customer. We Inay also attract potential customers to our neighboring businesses, and thus, helping the economic growth for the City of South San Francisco. Thank you for your tilne and consideration. Sincerely, All Speed Hobbies tAl] 230 S. SPRUCE A V PAGE 1 DES1GNER: WEIMING CHEN TEIJFAX (650) 583-5758 r;!';:":i:j',!:.! ;!{i' " ': : ',:;,;q).;,l'::!' ",';:; I " :VHi,'!},;.::,::'" !'1m/i": ":1;',:: i' "q, '::''1, " '. "; <i>""t. ,:,"::, :' " , , I,'i,.., ", '.;"" ',: , :.,:,: ",''''''.,' :)1':'::' j".,.'" ,', .'ii,;:::';' , -. t., ,.:':-;;:,:.:,.,,......, I !n!:NH.P:-r.f-i'.,,:..,!.....i... i,:; Ii;'" " , '.:-:"",:,' ," ,:";, 'i':;"":','..:' II'i!,i!' [':'\ ,i",!:','i:.:;~',,'l i>ll;"""':i'Ji:;H';'.;:":Y"'I:,I":jH",,,:.>.;'>:::1'(j.;;;.;:;i";'j'U.)i"1+::::: I.,' ~ n'i::J'idi!~j'.I" ,'[;")'1: ' ': '''i'l't) ";i!)"!')':'1 ,;" ,I>:: "":'C."I'~i";Ji:0"j:T::T.r : !I'm::.!,'!:::f. ii::::n!j;:): : i@ ~ '!~.f) rli,~1L-1':'1::iTfmrmJllj';I/r ':i' " .: -, :}';, ..:' I ,:1,.' 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' , '., :'\ ,',:, ,),./., ..1.: L....' , !" :::-:)1 ': ,; '!.:!;Lnr 'I : " ":.:, ' '" ,---> , ,,;'>';""b: ',.,.'";.:. - 'd'; ,; " i':'!'::: v::..''''''';. , , :';.:: ,: ......;,: ", \ ,,,' "0,iii 'i;:,,:' ::'.: ...,::::1",:;:':'+:: "i.1'!>'!,; , , ' i: : j ,.... ,:.,,";;-;:;7.:', I.l ::' :i: ';':~.: ','-:",::' .. '~',:' ,;,/,', "!j,~ii!~~l~r;lif':'iji.:u' 2'0 S. SPRUCE AV ,1'1.1,::::,::,':',',/:; :,;.! ,;;:!, :"'> :.. r)..; . ~I.,: :/:.:;-'1;;:. "':;T';;IT~i,;":Y 'i,,' ;0.:, "(' '..... )'v 'OJ:' '., :, ., " , "':<:"'.-n~!.' .,,;i:; !.j , I, ~f::L!~';:L ,,,,r'.', '..il '.,,' "', ,,;' )"'.,'" , mmm;;a PAGE 2 :,::!:}.iii;:i.t;.,.',::j;;;,:!:," ;' ":.'/ ':,' " ....: ,; '" i I' ,H:>i'.,:)i,: :..\' \" ' ,':'.;r~: '1, ..... :'T';>.: ,;,:,..' , .... .... i ' :,!' '.'~': 'ii:.;'Y, ,:'; ,,+:..t (": ,;.; ," jl<:'I:: ':iii-:.i .... "C,' ,',. 'i',;,.', "",: '..'i.Uii ::, ". ~'i."::'~' "<:i' ,j.", .. ""H', ,I" ""i""" , '..,''- ,,'.iF ',-"''',, .. "; ...., H,__", ' ' . Y.' .,... , " DESIGNER WEIMING CHEN TEUFAX (650) 583.5758 1'1/1 230 S. SPRUCE A V PAGE 3 DESIGNER WElMING CHEN TEIJFAX (650) 583-5758 ~~JP .......... :4l1FOIt~" ........ Ul.,UJJ .1~t::;;pVIl., DATE: April 20, 2006 TO: Planning Commission SUBJECT: 1. Minor Modification of a Precise Plan allowing three (3) detached two (2) story dwellings with a shared entry driveway. 2. Tentative Parcel Map allowing the subdivision of a 9,261 square foot lot into three (3) lots (Lot 179 A - 2,608 square feet, Lot 179 B - 2,344 square feet and Lot 179 C - 3,022 square feet and a 1,289 square foot right-of-way dedication to the Terrabay Village Sub- Association) . 3. Design Review of three (3) new detached two (2) story dwellings, with shared entry driveway, common area and landscaping. SSFMC: Chapters 20.63 and 20.85 and Title 19. Address: Vacant lot (APN 100-600-990) at the westerly side of the intersection of North crest and Windcrest Drives Owner & Applicant: Ping Hsu Case No.: P05-0018 (PP05-0001 & PM05-0001) RECOMMENDATION That the Planning Commission approve 1) Minor Modification of a Precise Plan allowing three (3) detached two-story dwellings with a shared entry driveway; 2) Tentative Parcel Map allowing the subdivision of a 9,261 square foot lot into three (3) lots (Lot 179 A - 2,608 square feet, Lot 179 B - 2,344 square feet and Lot 179 C - 3,022 square feet and a 1,289 square foot right of way dedication to the Terrabay Townhome Sub-association); and 3) Design Review of three (3) new detached two-story dwellings, with shared entry driveway, common area and landscaping, subject to making the required fmdings and adopting conditions of approval. BACKGROUND The 9,261 square foot (0.213 acres) vacant site was originally intended to be developed for a child care facility. In 1996 the City Council entered into an agreement with the previous owner (Sun Chase) allowin2: the develonment of un to four (4) residences on lot 1 79 in exchange for a ~ ~r~~~ -~, -~~~ Page 2 of5 and subject to following the City's established review procedures [SSFMC Section 20.63.030(a) (8) and Ord. 1191-96]. The fee was paid. Minor modifications to the approved Precise Plan are subject to the review and approval by the Director of Economic and Community Development Department (SSFMC Section 20.63.230). Because the proposed development requires a Tentative Parcel Map to subdivide the parcel (requiring the review and approval by the Planning Commission - SSFMC Title 19) the entire application, as a matter of practicality, is subj ect to the Commission's consideration. The proposed project also includes the construction of three (3) detached two-story residences on three new lots with on-site parking and landscaping. The site is surrounded by residential town homes comprising the 161 unit Terrabay Village neighborhood. DISCUSSION The project site's General Plan land use designation, Low Density Residential, allows residential development at a density of eight (8) units per net acre. The 3 unit residential development, at a density of eight (8) dwellings per gross acre, complies with the General Plan goals and policies and the Terrabay Specific Plan The present zoning is Terrabay Specific Plan Zone District which allows residential development with an approved Precise Plan [SSFMC Sections 20.63.030(a) (8), 20.63.150 through 20.63.220 and Title 19]. DEVELOPMENT STANDARDS The building complies with current City development standards for the Terrabay Village as shown in the following table: DEVELOPMENT STANDARDS Net Site Area: Lot 1 79 A Lot 1 79 B Lot 179 C RJW Total: Floor Area: Lot 1 79 A 2,608 SF 2,344SF 3,022SF 1.289 SF 9,261 SF Living Area :t499 SF Gross Area ?~ QR? SF Bedrooms 4 - -r --- - -;1 - - - - Page 3 of5 DEVELOPMENT STANDARDS ( Continued) Building Height Maximum: 30 FT Automobile Parking Minimum: 4.25/DU Proposed: 24FT Proposed: 4.25/DU Note: Parking requirements per unit include 2 garage spaces + 2 apron spaces + .25 guest street spaces. The cluster of three (3) new dwellings is consistent with SSFMC Section 20.63.030(a) (8) that specifies both development density and form. The new units match the style, courtyard site plan, and finish of the surrounding Terrabay Village dwellings constructed in the 1990s. On-site parking for 12 spaces will be provided and comply with City requirements (SSFMC Chapter 20.74). The 24 foot tall building height is less than the maximum of30 feet. Childcare impact fees (SSFMC Chapter 20.115) are required because the project includes the construction of three new dwellings. TENTATIVE PA_RCEL ~AP The application includes dividing the property into three (3) lots and common area. The lot sizes and configurations are consistent with the pattern of development in the surrounding Terrabay Village neighborhood, the City's General Plan, the Terrabay Specific Plan and City Ord. 1191- 96. The City Engineer has favorably reviewed the proposed map. No dedications are required and no utility conflicts are known. The new development will automatically become part of the Terrabay Village Sub-Association. The Tentative Parcel Map is subject to the review and approval by the Planning Commission (SSFMC Title 19). Conditions of approval are recommended that will ensure that the Final Parcel Map is substantially consistent with the Tentative Parcel Map. Because the project involves the subdivision of a lot that was part of the larger Terrabay subdivision, a condition of approval has also been added that requires the owner to pay Park and Recreation fees in-lieu of parkland dedication. (SSFMC TitIeI9). DESIGN REVIEW BOARD The proposed development was reviewed by the Design Review Board at their meetings of May - -r--- - - > - - - - Page 4 of5 1. Provide a cross section for the entire site including all retaining walls and staircases to clarify builing pad relationships. 2. Specify the type of retaining walls and materials to be used on the plans. 3. Submit a materials and color board for the exterior finishes. 4. Show the steps outside the entrance to the home on Lot 179A. 5. The North elevation of 179A is missing the garage window. 6. Add a window to the garage on Lot 179B. 7. The master bedroom of 179B is missing a window on the west elevation. 8. The 2nd-story bay over the garage on Lot 179B is missing from the roof plan. 9. The 2nd-story bay in Bedroom #3 on Lot 179C is missing from the roof plan. 10. The spaces between the homes are much too narrow for a Bishop Pine and Monterey Cypress. Delete the trees and just use Escalonia shrubs instead. 11. Incorporate the landscape pallete from the Phase I Terrabay Development to improve the quality of the fit with the existing neighborhood. The Board requested that the designer revise the plans and return to the Board. The applicant revised the plans incorporating the Board's suggestions. At the second meeting conducted on January 17, 2006, the Design Review Board noted that the plans incorporated the Board's comments and recommended the the Planning Commission approve the plans. PUBLIC REVIEW The proposed development was reviewed and approved by the Terrabay Village Sub-Association as identified in their letter. In accordance with Planning Commission policy, the project proponent conducted a neighborhood meeting on February 23,2006. The meeting was conducted at the Terrabay Recreation Center and started at 7:25 PM. The meeting was attended by a few neighborhood residents, the development team (3 members) and Steve Carlson of the Planning Division. The project architect provided a power point overview of the proposed development. The attendees asked a few questions pertaining to lot design, landscaping, and drainage and sewer connections. The attendees stated that while they supported the development the homeowners association by laws required 2/3 approval of all the owners. The meeting ended at 8:00 PM. ENVIRONMENTAL DOCUMENT City staff determined that the proposed development is Categorically Exempt from the California Environmental Quality Act in accordance with CEQA Section 15332 Infill Development Projects, Class 32. Because the proposed development is exempt from the provisions of CEQA, the Planning Commission need take no further action regarding the environmental document. Page 5 of5 CONCLUSION The use of the vacant site for residential development is consistent with the City's General Plan site designation of Low Density Residential, Terrabay Specific Plan, Terrabay Specific Plan Zoning District and with all applicable requirements of the City's Subdivision and Zoning Ordinances. Therefore, the Planning Commission should approve 1) Precise Plan allowing three (3) detached two (2) story dwellings with a shared entry driveway; 2) Tentative Parcel Map allowing the subdivision of a 9,261 square foot lot into three (3) lots (Lot 179 A 2,608 square feet, Lot 179 B 2,344 square feet and Lot 179 C 3,022 square feet and 1,289 square foot right of way dedication to the Terrabay Townhome Sub-association); and 3) Design Review of three (3) new detached two (2) story dwellings, with shared entry driveway, common area and landscaping, subject to making the required finings and adopting conditions of approval. ~~..~ dd . 8t e cari~~ r anner Attachments: Draft Precise Plan Findings of Approval Draft Conditions of Approval Design Review Board Meeting Minutes: May 17,2005 January 17,2006 Terrabay Village Sub-Association Letter March 2006 Plans As required by the Terrabay Precise Plan Procedures [SSFMC Chapter 20.63], the following [mdings are made in approval of a 1\1inor 1\1odification of a Precise Plan allowing three (3) new single family dwellings, subject to making the findings of approval and, based on public testimony and the materials submitted to the City of South San Francisco Planning Commission which include, but are not limited to: Architectural Plans prepared by Ping Hsu, AlA, dated December 2, 2005; Civil Plans prepared by Sandis Humber Jones, dated July 14, 2005; Design Review Board meeting and minutes of May 17, 2005; Design Review Board meeting and minutes of January 17, 2006; Planning Commission staff report of April 20, 2006; and Planning Commission meeting of April 20, 2006: 1. The proposed three new single family dwellings are consistent with the General Plan Land Use Element designation of the site of Low Density Residential and the Terrabay Specific Plan. 2. The three (3) new single family dwellings were reviewed and recommended for approval by the City's Design Review Board to be in accordance with the City of South San Francisco Design Guidelines and to provide a high quality of fit with the existing Terrabay Village neighborhood. The dwellings match the design and size of the existing adjacent dwellings. The new development was approved by the Terrabay Village Sub-association. The new dwellings will reinforce a residential environment of sustained desirability and stability by matching the development quality and design. Conditions of approval require that the development conform to the City's development standards. 3. The proposed three new single family dwellings are consistent with the Terrabay Development Agreement. * * * (Recommended by City staff at the Planning Comn'lission meeting April 20, 2006) A. PLANr~G DIVISION 1. The applicant shall comply with the City's Standard Conditions and with all the requirements of all affected City Divisions and Departments as contained in the attached conditions, except as amended by the conditions of approval. 2. The construction drawings shall substantially comply with the Planning Commission approved plans, as amended by the conditions of approval including the plans prepared by Sandis Humber Jones, submitted in association with P05-0018. 3. Prior to the issuance of the Building Permit, the landscape plan shall be revised to include mature shrubs, trees that have a minimum size of 24 inch box and 15% of the total number of proposed trees shall have a minimum size of 36 inch box. The landscape plan shall be subject to the review and approval by the City's Chief Planner. 4. Prior to the issuance of any permit the owner shall provide documentation that the Final Parcel Map has been recorded. 5. In accordance with the SSFMC Chapter 20.115 the owner shall pay the Child Care impact fee estimated to be in the amount of $ 4,890.00 (3 dwellings x $1,630.00 per dwelling = $ 4,890.00). 6. Prior to the issuance of any permit the owner shall pay the fee in-lieu of parkland dedication in accordance with SSFMC Title 19. (planning Division: Steve Carlson (650) 877-8535) B. ENGINEERING DIVISION STANDARD CONDITIONS 1. The applicant shall comply with all of the applicable conditions of approval detailed in the Engineering Division's "Standard Conditions for a Single Family Home Constructed on an Existing In-Fill Lot", contained in our "Standard Development Conditions" booklet dated January 1998. A copy of 1. The applicant shall provide approval from the Terrabay Homeowner's Association for the utility connections along Northcrest Drive to the proposed single-family homes. 2 The subdivision's common area infrastructure shall be owned and maintained by the subdivision's homeowners association, not the City of South San Francisco. The Final Parcel Map shall contain a statement that no improvements within the boundaries of the subdivision are being dedicated to the City, within the proposed utility or other easements shown on the final map. The Subdivider shall reimburse the City for all costs to plan check and inspect the subject development in accordance with the City's Master Fee Schedule. (Engineering Division: Michelle Bocalan (650) 829-6652) C. POLICE DEPARTMENT 1. Municipal Code Compliance The applicant shall comply with the provisions of Chapter 15.48 of the Municipal Code, "Minimum Building Security Standards" Ordinance revised May 1995. The Police Department reserves the right to make additional security and safety conditions, if necessary, upon receipt of detailed/revised building plans. 2. Building Security a. Doors 1. Glass doors shall be secured with a deadbolt lock! with minimum throw of one (1) inch. The outside ring should be free moving and case hardened. 2. Locking hardware shall be installed so that both deadbolt and 1 The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside door knob/lever/turnpiece. A double-cylinder deadbolt lock or a single-cylinder deadbolt lock without a turnpiece may be used in "Group B" occupancies as defmed by the Uniform Building Code. When used, there must be a readily visible durable sign on or adjacent to the door stating "This door to remain unlocked during business hours", employing letters not less than one inch high on a contrasting background. The locking device .. ........ ..... .... . .... - ...... 3. Outside hinges on all exterior doors shall be provided with non- removable pins when pin-type hinges are used or shall be provided with hinge studs, to prevent removal of the door. 4. Doors with glass panels and doors with glass panels adjacent to the doorframe shall be secured with burglary-resistant glazing2 or the equivalent, if double-cylinder deadbolt locks are not installed. b. Windows 1. Louvered windows shall not be used as they pose a significant security problem. 2. Accessible rear and side windows not viewable from the street shall consist of rated burglary resistant glazing or its equivalent. Such windows that are capable of being opened shall be secured on the inside with a locking device capable of withstanding a force of two hundred (200) 1bs. applied in any direction. c. Lighting 1. All exterior doors shall be provided with their own light source and shall be adequately illuminated at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. d. Landscaping 1. Landscape designs should not block window exits, and should maximize natural surveillance. The use of defensible plants to create natural barriers should be considered. 2. Trees on the property should be trimmed up to 7 feet, and spaces sufficiently away from the structure to deny potential roof access to criminals. f. Fencing 1. Fencing should be of an open design (such as bars and columns) to maximize natural access control, natural surveillance, and aid in 25/16" security laminate, 1/4" po1ycarbonate, or approved security film treatment, D. FIRE DIVISION 1. Install residential fire sprinkler system per NFP A 13D/SSFFD requirements under separate fire plan check and permit throughout building. 2. Install smoke alarms. 3. All buildings shall provide premise identification in accordance with SSF municipal code section 15.24.100. 4. Other requirements may be imposed based on project evolution. (Fire Marshall: Bryan Niswonger (650) 829-6645) E. WATER QUALITY CONTROL 1. The onsite catch basins are to be stenciled with the approved San Mateo Countywide Stormwater Logo. 2. Fire sprinkler system test/drainage valve should be plumbed into the sanitary sewer system. This must be shown on the plans prior to issuance of a permit. 3. Plans must include location of concrete wash out area and location of entrance/outlet of tire wash. 4. An erosion and sediment control plan must be submitted. 5. Applicant must pay sewer connection fee of $1596.00 per unit (2006 connection fees, totaling $4788.00 (because the permit was not issued in 2005). (Water Quality Control: Cassie Prudhel (650) 829-3840) PROJECT NAME: Home Depot (Resubmittal) (Case Planner: Steve Carlson) DESCRIPTIOl'.J: Use Permit llild Design Review to allow construction of a 101,272 sf Home Depot store, a 24,522 sf Garden Center and a 2-story (3 level) parking structure situated at 900 Dubuque Avenue in the Planned Commerical (P-C- L) Zoning District in accordance with SSFMC Chapters 20.24, 20.81 & 20.85 The Board had the following comments: 1. Do not use internally illuminated can signs; use external lighting or individually illuminated channel letters. 2. Consider grouping the roof mounted equipment and using roof screens. No need to come back to the DRB. 8. DINNER BREAK OWNER: APPLICANT: ADDRESS: PROJECT NUMBER: PROJECT NAME: Ping Hsu Ping Hsu Vacant Lot - Terrabay (Phase I Area) POS-0018, PPOS-0001 & PMOS-0001 Terrabay (Case Planner: Steve Carlson) DESCRIPTION: Precise Plan and Tentative Parcel Map to divide a 9,261 square foot lot into three lots and develop a single family home on each situated at the intersection of Norther est and Windcrest Lane in the Terrabay Specific Plan District in accordance with SSFMC Chapters 19.48 & 20.63 The Board had the following comments: 1. Provide a cross section for the entire site including all retaining walls and staircases to clarify builing pad relationships. 2. Specify the type of retaining walls and materials to be used on the plans. 3. Submit a materials and color board for the exterior fInishes. 4. Show the steps outside the entrance to the home on Lot 179A. 5. The North elevation of 179A is missing the garage window. 6. Add a window to the garage on Lot 179B. 7. The master bedroom of 179B is missing a window on the west elevation. 8. The 2nd_story bay over the garage on Lot 179B is missing from the roof plan. 9. The 2nd -story bay in Bedroom #3 on Lot 179C is missing from the roof plan. 10. The spaces between the homes are much too narrow for a Bishop Pine and Monterey Cypress. Delete the trees and just use Escalonia shrubs instead. 11. Incoporate the landscape pallete from the Phase I Terrabay Development to improve the qualiyt of the fit with the existing neighborhood. Revise plans and resubmit them to the DRB for further review. for maintenance of the proposed landscape). 2. Include proposed landscaping for the rear, unused portion of the property. 3. Create a landscape plan that uses salt water-tolerant plants, due to the potential for salt laden groundwater to rise into the planting holes du..'ing High-high tides. 4. Ensure roof top equipment is screened from public view. Consider comments for Conditions of Approval. 6. OWNER APPLICANT ADDRESS PROJECT NUMBER PROJECT NAME Steven P. Silvestri AKC Services, Inc 555 El Camino Real P05-0172 & Signs05-0059 Type C Sign - Dollar Tree (Case Planner: Steve Carlson/Chad Smalley) DESCRIPTION Type "C" Sign Permit to install in excess of 1 00 sq ft of new signage at 555 El Camino Real in the Retail Commercial (C-I) Zone District in accordance with SSFMC Chapters 20.22, 20.85 & 20.86. The Board had the following comments: 1. Replace the pylon sign with a monument sign that is architecturally compatible with the building and that meets SSFMC Section 20.76 requirements. 2. Reduce the raceway height of the wall signs to a maximum of six-inches. 3. Replace the 42- and 48-inch letters with 36-inch (maximum) letters. 4. Complete a landscape plan that indicates how the onsite landscaping will be restored and present a street tree planting scheme. 5. Remove the "everything's $1.00" text from the canopy (advertisement wording is not permited by Municipal Code (SSFMC Section 20.76)). Consider comments for Conditions of Approval. 7. . OWNER APPLICANT ADDRESS PROJECT NUMBER PROJECT NAME Ping Hsu Ping Hsu Vacant Lot - Terrabay (Phase I) P05-0018, PP05-000l & PM05-0001 Vacant Lot - Terrabay (Case Planner: Steve Carlson) DESCRIPTION Precise Plan and Tentative Parcel Map to divide a 9,261 square foot lot into three lots and develop a single family home on each situated at the intersection of North crest and Windcrest Lane in the Terrabay Specific Plan District in accordance with SSFMC Chapters 19.48 & 20.63 1. ConfIrm setback regulations for the proposed decks with the Planning Division. Consider comments for Conditions of Approval. n,t-" ,~, "'"''~~''' I City Hall Pennit Center Planning Commission 315 Maple Avenue South San Francisco, CA 94080 To whom it filay concern: The Master Association of TelTabay along with the TelTabay Village Sub-Association have both approved the request of Mr. Ping Hsu to build three homes on the lot in TelTabay Village known as Lot 179 and have them annexed into the Associations subject to all appropriate CCRs, fees, etc. This annexation vote was based on an agreement drawn up between the three parties which addresses architectural harmony, safety, landscaping on both the lot and adjacent common areas, compensation to the Associations for the investments made by the homeowners over the years and other Issues. If you have any questions, please feel free to contact me at my office here at Pharmix, 650, 588-1414 ext. 11. ~lY, Cc: Gary Glass, Master Association Pelican Management \ \ \ \ ~~r: i, \ ~~~ '. UTILITY INFORMATION STORM DRAINS: CITY OF SOUTH SAN FRANCISCO 400 GRAND AVENUE SOUTH SAN FRANCISCO. CA 94083 650.877.8850 SANITARY SEV.ERS: CITY OF SOUTH SAN FRANClSCO 650.877.8850 WATER: CALIFORNIA WATER SERVlCE 341 NORTH DELAWARE SAN MATEO, CA 94401 650.343.7698 LOT INFORMATION POWER & GAS: PACIFIC GAS & ELEClRlC 450 E. MOORE A VENUE DALY CITY, CA 94015 650.985.1241 TELEPHONE: SBC PACIFIC BELL 100 PAUL AVENUE SAN FRANCISCO, CA 94124 415.330.1771 ASSESSOR'S PARCEL #: 007-600-990 TOTAL LOT AREA: 9,261 SOUARE FEET PROPOSED LOT AREA: LOT 179A - 2608:1: S.F. LOT 179B - 2344:1: S.F. LOT 179C - 3022:1: 5.F. DEDICATED TO R/W - 1289:1: S.F. CABLE: COM CAST CABLE 1691 BA Y?ORT A VENUE SAN CARLOS, CA 94070 650.631.0191 ZONING: TERRABAY SPECIFIC PLAN DISTRICT EXISTING USE: UNDEVELOPED PROPOSED USE: RESIDENllAL (TOWNHOMES - FOR SALE) FIRE PROTECTiON: CITY OF SOUTH SAN FRANCISCO 650.829.3950 605 Costro Street Mountoin View CA 9404]-LJ)TI Tel (650) 969-6CXYJ Fo~ 1650) 969-6472 -!;;- - - ~'" \ \ \ \; ;~-:- ~;;.; \ ~ '.'" ....,J -\- ,~-)- --I- I / '{"\"'~""'LAN71'--4-" ,6. ~\J\"". .' .'--- .~ c,S""[,ilYIO w' .rc:%'~ ~" BCf '.~" <::>: ,HAM ,.~" 1 t:>=: ',-" . Fa..: No 7041 : ~ ,1..,,', I;?k/~: I ,<~ ", fxp/~~'* l ~~ BENCHMARK ELEVATION 288.95 FEET AT THE TOP OF CURB (AS-BUILT), AS PER THE RECORD DRAMNGS OBTAINED FROM THE CITY OF SOUTH SAN FRANCISCO, WAS HELD AS A TEMPORARY BENCHMARK (TBM) FOR THE ELEVAllONS SHOWN ON THIS SURVEY. BASIS OF BEARINGS Q 0\ .\.~ --" ~ D. NOTES AND LEGEND ALL D1S;ANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALS THEREOF. -ss- -so--- .-w- -G- -JT----'- -0 -0 -G- -OHE- @ o SDMH o SSMH AC AOOe BW iEI FL G, GRD GB P TC WLK CONC EP BLDC PLNTR HCR TOB PN FF III iJ TOP, TB JPW ;R; !Xl ~ !Xl HR POL BLDL CL FL VG CLF BOW OH TYP, ~-)~H} EL ~ PIV BF? VIM FS FH FP III TBM-0- o EDGe OF PA >f:MeNT CURB UNe SANITARY Sf.'lIfR STORM ORAIN WAiER GAS JOINT TRENCH ununES BUILDING OVERHANG CHAINLlCK FENCE WOOD FENCE GAS LINE OVERHEAD ELECTRIC llNE FOUND STANOARD DTY MONUMENT STORM MANHOLE SANITARY MANHOLE SANITARY CLEANOUT ASHPHALTIC CONCRETE AREA DRAIN BACK OF WALK ELECTRIC UTILITY BOX FLOW LINE GROUND GRADE BREAK PAVEMENT TOP OF CURB SIDEWALK CONCRETE EDGE OF PAVEMENT BUILDING CORNER PLANTER HANDICAP RAMP TOP OF AC BERM POST INDIVATOR VALVE FINISH FLOOR TELEPHONE PULL BOX CABLE TElE','SION BOX TOP OF BANK TOP OF WAlL POWER POLE WATER VALVE WATER METER GAS VALVE HANDICAP PoAMP POINT ON LINE BUILDING LINE CENTERLINE FLOWLINE VALLEY GUTTER CHAIN LINK FENCE BOTTOM OF WALL BUILDING OVERHANG TYPICAL ELECTROLlER ELECTRIC VALVE SIGN GUY WIRE FIRE HYDRANT WA TER VALVE POST INDICATOR VALVE BACK FLOW PREVE~HER WATER METER FIRE SERVlCE FIRE HYDRANT FLAG POLE TELEPHONE UTILITY 80X TEMPORARY BENCHMARK TREE WITH DRIPLlNE, noPE AND DIAMETER AS INDICA TED THE BEARING. OF N6S58'59"W, BETWEEN FOUND MONU"ENTS ON THE CENTERLINE OF NORTHCREST DRIVE, AS SHOWN ON THE RECORDED MAP OF TERRABAY, SHEET 10 OF 15, BOOK 121 OF MAPS, PAGE 74, WAS USED AS THE BASIS OF BEARINGS FOR THIS SURVEY, DISTANCES SHOV.N ON THIS SURVEY ARE GROUND DISTANCES. THEY HAVE BEEN CONVERTED FROM GRID IN ACCORDANCE v.1TH THE SCALE FACTOR, AS STATED ON THE RECORDED MAP OF TEHRABA Y. NOTES TENTATIVE MAP NOTES TOPOGRAPHIC SURVEY PERFORMED BY SANDIS HUMBER JONES, CIVlL ENGINEEr-S, SURVEYORS AND PLANNERS, 605 CASTRO STREET, MT. VlEW, CAliFORNIA, 94041. APRIL 2005. UNDERGROUND UTILillES COMPILED FROM AS-BUU DRAv.1NGS PROVlDED BY THE CITY OF SOUTH SAN FRANCISCO AND FIELD TIES TO SURF ACE FEATURES THEREOF. CONlRACTOR SHALL LOCATE UNDERGROUND UTiliTIES PRIOR TO COMMENCEMENT OF CONSTRUCTION. OWNERS I. FLOOD ZONE C - AREAS DF MINIMAL FLOODING, COMMUNITY PANeL NUMBeR 0603110025 B, ,J)L Y 5, 19B4. 2. BeING A RESUBOMSION OF LOT 179, iEIIRABAY SUBomSION, FlLCO JUL Y 2, 1990 III BOOK 12/ OF MAPS AT PAGES 65-79, SAN MAJF:O COUNrr. J. [JIOSJON CONTROL MEASURes IlfLL CONSIST OF S1Li FENCE / STRAW WATlI.ES AT PROPeRTY UNES. NeAREST DOIINSTReAM INLFT IlILL BE PROiECiEO W.lIf INS[JI[ 4. life IMPROVEMENTS TO BE CONSTRUCiED BY life SUBOMSlON IlILL Be AS REOUIREJ) BY CHAPiERS 19.20 ANO 19.24 AND OllfeR DTY ORDIIIANGES. UNDERGROUND UTILITY NOTE: PING HSU AND liLY HSU 711 CORONADO LANE FOSTER CITY, CA 94404 PLANNER PROPERTY ADDRESS THE TYPES, LOCAllONS, SIZES AND/OR DEPT:-lS OF EXlSTING UNDERGROUND UTILITIES AS SHOWN ON THIS TOPOGRAPHIC SURVEY ARE APPROXIMATE AND WERE OBTAINED FROM SOURCES 0" VARYING RELiABILln', ONLY ACTUAL EXCAVATION WILL REVEAL THE TYPES, EXTENT, SIZES, LOCATIONS AND DEPTHS OF SUCH UNDERGROUND UTILillES. A REASONABLE EFFORT HAS BEEN MADE TO LOCATE AND DEliNEATE ALL KNOWN UNDERGROUND UTILITIES. HOWEVER, THE ENGINEER CAN ASSUME NORESPONSl81LITY "OR THE COMPLETENESS OR ACCURACY OF ITS DELiNEAllON OF SUCH UNDERGROUND UTILlllES WHICH MAY BE ENCOUNTERED, BUT WHICH ARE NO; SHOWN ON THIS SURVEY. PING HSU. AlA 711 CORONADO LANE FOSTER CITY, CA 94404 PROPERTY ADDRESS: NORTHCREST DRI vE SOUTH SAN FRANCiSCO DATE' SCALE, DRAWN BY, APPROVED BY, DRAWING NO.: 205126 No, REViSIOI, CITY RE\~EW COMMENTS OATt. BY 7-08-05 JMS S~N f?,1,~ , H~ ~:W~R ) .Q.~, ~ ~ 7 14-05 1"=10' SGY OWB TENTATIVE MAP "TERRABAY VILLAGE LOT 179" s. SAN FRANCISCO CALIFORNIA ,. ci. SHEETS j U:'I' File:X:\P\20S126\SURl€r\itJap.dK'g Dote: JUL IS. 2005 TlITJe:9:i'SAM SHEET 1 Copyright (92004 by Sondis Humber Jones OF \ \ \ ~o o A 'f,. \- \ \ \ 179A 179 B 179 C ,0 \ \ GRAPHIC SCALE o 2 4 6 8 10 15 20 ~... I I \ ~, ~o,?O 1 inch = 10 it. \ ~IS-rIJJt{ CiiZA17B \-V1,--L \ N ~ ,~~" "> I SIT~ _ SEC~~~ .iii' {'. - - ~ - - ~ ~ ~ ~ - - ~ - - ~ - - ~ - - ~ ~~;1~t . ViCiNITY MAP NOT 10 5(W.E NOTES AND LEGEND \ \ '\::~,". ___ \ - --:-:-ir~i;-' All DISTmCES AND DIMENSIONS ARE SHOWN IN FEET AND OECIMAlS THEREOF. I. . . I I,/~ // // / // /,1 ,,// ,/ // /1 POfInAND CEMENT COI/CRE7f AC PA fV,fENT IIOOD DfCK CURB UNf SANITARY SEIlfR STORM DRAIN IfAIfR ~S J(}{NT TRfNCH ununE5 CHAlNUCK FENCE FLOW UNE GAS LINE OVERHEAD ELECTRIC UNE FDIlND STANDARD CITY MOl/WENT STORM MANHOLE SANITARY MANHOLE SANITARY CLEANOUT ASHPHALTIC CONCRETE AREA DRAIN BACK OF WAIJ< ELECTRIC UDUlY BOX FLOW UNE GROUND GRADE BREAK PAVEMENT --5:7--- -Sl}--- -- --9--- -.!T- -0 -G-- -DHE- (j) o SOMH o SSMH AC ADoe BW lEI FL G, GRD GB P TOP OF CURB SIOEWALK CONCRETE EDGE OF PAVEMENT BUILDING CORNER PLANTER HANDlCN' RAMP TOP OF AC BERM POST INDIVATOR VAl-VE FlNISH FLOOR TELEPHONE PUll BOX CABLE TELEVISION BOX TOP Of BANK TOP OF WALL POWER POLE WATER VN..VE WATER METER GAS VALVE HANDICAP RAMP POINT ON UNE BUILDING UNE CENTERUNE FLOWLINE VI>UE{ GUTTER CH..;IN UNK fENCE BOTTOM OF W!>JJ. BUILDING OVERHANG lYPICAl ELECTROUER ELECTRIC VALVE SIGN GUY WIRE FIRE HYDRANT WAlER VALVE POST INDICATOR VALVE BACK FLOW PRE'vENTER WATER METER FIRE SER"lCE FlRE HYDRANT FLAG POLE TELEPHONE UllUlY BOX TEMPORARY BENCHMARK TC WLK CONC EP BLOC PLNTR HeR TOB PIV FF m Il:I TOP, TB TOW ~ ~ M HR POL BLDL CL FL ~ BOW OH TYP. ~* , ~ PlV BFP II!.! FS FH FP In 1BM~ (0 TREE WITH DRIPLlNE, TYPE AND DIAMETER AS INDICATED " ~~ '-,}/ ...."'.../ "" BENCHMARK 1Il ~ r ELEVAllON 288.95 FEET AT THE TOP OF CURB (AS-BUILT), AS PER THE RECORD DRAWINGS OBTAINED FROM THE CITY OF SOUTH SAN FRANCISCO, WAS HELD AS A TEMPORARY BENCHMARK (18M) FOR lHE ELEVA 1l0NS SHOWN ON THIS SURVEY. { " '/~ BASIS OF BEARINGS THE BEARING OF N6S5B'59"W, BETWEEN FOUND MONUMENTS ON lHE CENTERLINE OF NORTHCREST DRIVE, AS SHOWN ON THE RECORDED MAP OF TERRABAY, SHEET 10 OF 15, BOOK 121 OF MAPS, PAGE 74, WAS USED AS THE BASIS OF BEARINGS FOR THIS SURVEY. DISTANCES SHOWN ON THIS SURVEY ARE GROUND DISTANCES. THEY HAVE BEEN CONVERTED FROM GRID IN ACCORDANCE WITH THE SCALE FACTOR, AS STATED ON THE RECORDED MAP OF TERRABAY. EARTHWORK aUANmIES: ~ ~ ! Ii " , ~ IMPORT = 1 DO EXPORT = 0 FILL = 190 CUT = 85 (IF ZERO, INDICATE 0) HQIE:. THE EARTHWORK QUANllllES SHOWN ARE PROVIDED FOR THE PURPOSE OF GRADING PERMIT APPROVAL ONLY. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO CARRY OUT THE CUTjFlu.. IMPORT/EXPORT AS NECESSARY TO MEET THE DESIGN GRADES AS SHOWN ON THE PLANS REGARDLESS OF THE ESllMA TED EARTHWORK QUANllllES AS INDICATED. SIGNIFlCANT REVISIONS TO THE QUmTIllES NEED REVIEW BY THE CITY. FlLL SHORTAGE IS ANllCIPATED TO COME FROM ON-SITE SPOILS ACQUIRED FROM UTILITY TRENCHES AND FOOllNG SPOILS. NOTES , '\ TOPOGRAPHIC SURVEY PERFORMED BY SANDIS HUMBER JONES, CIVIL ENGINEERS. SURVEYORS AND PI.ANNERS, 605 CASTRO STREET, MT. VIEW, CALIFORNIA, 94041. APRIL 2005. UNDERGROUND UllLlllES COMPILED FROM AS-BUILT DRAWINGS PROVIDED BY THE CITY OF SOUTH SAN FRANCISCO mD FlELD TIES TO SURFACE FEATURES THEREOF. CONTRACTOR SHALL LOCATE UNDERGROUND UllUTIES PRIOR TO COMMENCEMENT OF CONSTRUCllON. UNDERGROUND UTILITY NOTE: lHE TYPES, LOCAllONS, SIZES AND/OR DEPTHS OF EXISTING UNDERGROUND UTIUTIES AS SHOWN ON THIS TOPOGRAPHIC SURVEY ARE APPROXIMATE AND WERE OBTAINED FROM SOURCES OF VARYING RELIABILITY. ONLY ACTUAL EXCAVAllON WILL REVEAL THE TYPES. EXTENT, SIZES, LOCATIONS AND DEPTHS OF SUCH UNDERGROUND UTILlllES. A REASONABLE EFFORT HAS BEEN MADE TO LOCATE AND DELINEATE ALL KNOWN UNDERGROUND UllUllES. HOWEVER, THE ENGINEER CAN ASSUME NO RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ITS DELlNEAllON OF SUCH UNDERGROUND UTILITIES W1iICH MAY BE ENCOUNTERED. BUT WHICH ARE NOT SHOWN ON THIS SURVEY. / / DATE BY SHEET DATE I SCALE I DRAWN BY, APl'ROVED BYI IV.WING NO.1 205126 PRELIMINARY GRADING + DRAINAGE PLAN "TERRABA Y VILLAGE LOT 179" SOUTH SAN FRANCISCO CALIFORNIA VOO &-aWioy &ile300 Qikni CA 94612 Td l5Dl 87:l-&I66 fall5Dl 873-1l8ffl S~.~~I ~,HV~.~~R ,JP.t~,~~ 1 OF 1 SHEETS Copyright @ 2003 by Sandis Humber Joneg File: X: \P\205126\C-CP.dwg Dale: .f.iL /5. 2005 r""e: 9: IJA!/ -l--- .!"~..E'~rwOr ~...~~. -"''''. lI> i ~ ~ -J,..!e.E.QfPLATt-:. ~:--- ----~ ~ ~I mu ~ .~ ",~o~~'Yl' ~ . 01' ,\ o "- ...,,--LE~rrH; CONGo 'ill-I::.. \'I4JOD f12..1M 5TUcc..O 5-rUc.C-O ilZJM VINYL \YINDO\V ,op oF- ~f " ,? ~ -rop of FlAre. ~ ~ \) () ,\ ,\ ~ ~ ~IUO IJ.D I"L, ~ '\\ "I ~ FIIZGT fL. -r9POF=' t:?110F .. ~ ~ -' ~ PLATE ~ j ~ ~ ~/..jp. PL. 1 (l ,1 ~ t f'\I26,.. ~t.., r foP ot:: I!,,~ j \(j TOp of 'PLA1t ~\ "" .,,\ <'t ~ 6~Ot-J.P F" L, ~ .J ~ F"1J('71" fL. - El -- . ~ Wlt F-O"-~ .-- !m m ~. WEST ELEVATION _.. ,~~h;..: 1~_~'.=:.1.'-:-g:.'... ~~~ ,~ :i'~~~=--~'~ = ~~ ~. 'B ~J ImllTU ~ ,.....---IIIIIIIIII~ -. .. '~i=='::' = .....m~ SOUTH ELEVATION SCALE: 1/8" = 1". 0" ;St. ~ I ..~'=m lWl . ~W .JlW wFffilc Ff . II r ~ mW!~ L---::.....,..,_.......... ". ..__..._.....__......_.. EAST ELEVATION I~~-=- SCALE: 1/8"= 1'-0" ~~ ~~. -'- . ~ ~ iW .m; m!l ~1) - NORTH ELEV A liON SCALE: 1/8" = l' - 0" ~ " () -.,,1 ~ d\]/ l?rz.,.#i l:7)p)l';2. 1:;1.1Z.,*~:J II'''' I 2..' II )I, l-t II' '" I 21 I /-1 /11\ -0 -_-..=-=. / ~~=.~=' t :'111---'- . .", '"'If - ---~ _.~ ~... -~ 9J,- - h ~ i;a"<'~ O~,ffiffHtTltH D" J,J l--. o Ii! :;:J .i [2 , ~---- = :'\JT I i I I I I I I : I ~ ----I ~ '\\) "I ~ ~r f -=~_.-- -~. i )1 J'fI' ,I ! ~ j~-----_._. ~ ;. -t---.- ~ ~II ....1 ~I --M . E? rz.. 15'.>(24' ---- [~ 1 --- ,----~ ,-.-' '17ALCO~Y '11' . .=n ~ ~ 'I 11) Iii ~ 3:(.} 3~b(3~6/1 .:2:2.'-d I ______.3.1!.-i? ~-=~=~=-----~-~-~l SECOND FLOOR PLAN SCALE: 1/8" = l' - 0" i' o{- e/ t- 2.=/- 0" . ..-.--ut .~~d=-~..~..~l ~-.~=~~~1 ~ , II I ~ ,!i'I. fll ~ I ...1 DEN 2-CAR.. G,Af<.AClt::. :~' I I ,\ ~ 1/'11.141 .2.~1)(..2.01 :.:: (\j Il : J I g~~ 5 '~rll IIIJ\~.; ':' UPrllT11 11111I \!!V" -- -- T ~ ,\ \l) \ \ ~ ~ ~ I 'K ,1\ [ . l I l\\ ~ pINING[ L1V IIJ E:r 15'.,q51 '1511<.17' ~ ~- " -......... I) r;=--Err11 :r \I), ~ \ [KI'~E~ /'(\ c \ ,I \ [I~ : ~ [J] , I J. .-" " 13RKF='Sf. fAMI~Y Rt>1. ~ ,I .15';< 17 ~ \ \ \\--- -- -v-e-vIC=--= \~ -.-- ----~. ..~= FIRST FLOOR PLAN SCALE: 1/8" = l' - 0" i N ffi 0' s' 10' P""":J -. I -roF" or: I9LA1~ ~ ...-----------.-.... ~ \) 'I C\) bUON t? PL.. ~ \l ....1 o '- ~ ,-;:: I"\. l<\ If.IR~f P:!-. . . Ii W ~II H II i',,, 1"// '>/ .'=; . ~.1:.:JJ._ Ii '....."."......, J// t -- "'.';' 'R,O 0 f EJr,J(!I' .2 ,; i! Ii ii II T ~AR.6..G.E.. Ii -i~ .r:-r:: '-11 l .._'~~.J~.i !=.. .. .. ._--,-....; 4-~j Z. '. .-'/' <E,t ""t:I:7-.> i ! 1m I! 16UI :. I:?b LCD ~j Y fl....... q ROOF PLAN SCALE: 1/8" = l' - 0" .' I M. .',~ ~'-.:.:. . . .. ,:.::. L1vIN~ PAI1 II":{ iZM I II: SECTION SCALE: 1/8"= 1'-0" -'..'---' FLOOR AREA CALCULATION .. . . .'U__ ' ..... FLOOR GROSS AREA LIVABLE AREA GARAGE FIRST FLOOR 1,610 sq. ft. 1,127 sq. ft. 483 sq. ft. .- SECOND FLOOR 1,372 sq. ft. 1,372 sq. ft. TOTAL 2,982 sq. ft. 2,499 sq. ft. 483 sq. ft. D~GK I ___,ou;; ~ REVISIONS BY f I ---'---~ C) N 0'> N Z v9 ~l() <z Ol() vI'- m~ ....:C) <(0 <en olE., :;i-" W i3~ :::>0 >>LL en ro N- XC) 00 'N (1)0 > , C)Z <(1.0 (1)l() z- cl'- _Z c~ roO a.Z rn!.O <( ::J~ ro ., ..J -l....J !.OW a.. Nt- -- ..--~ ._._'-~'-.---- en ..... ~ 1-1- au <:( 0 ...JW 6 I"") ~ Wo '(3 C)o:= e ~ <(0.. LL ...lI- e ro ::!z en :5 >w ::J 0 >-:! rn (1)- <(0.. > 000 ts ~irl en ~ () 0:::> .c 1::: WW 0 z 1-0 LOT 179A PLAN Date 12-2-05 Scale Drawn {,.;-..}-(- /, .,. Job sheeA ~ 1 Of 3 SheelS ~oo~ ~ ~ t) \II 'I 1 ~, \ ~ ~ ~ ,\ ~ FIRS FL. -EAST ELEVATION i SCAl~: 118" = l' - 0" colJ.c,TIL~ I24PF tV-oOD, TRIM 5tUUo TItlM 5TUCc,o VINYL \VIt-J1wW co~c. 17A~e '~ ~ '<I ~) '.' tq ~ 5~COW ~ ~, !? NORTH ELEVATION SCALE: 118"= 1'-0" HElEm WEST ELEVATION SCALE: 1/8" = l' - 0" \ ~'i) 'I 'I ,\ Cl) ~ ~ J ,~ SOUTH ELEVATION SCALE.: 1/8" = 1'. 0" . , Z. X lIS PlIlrHnO ON NO. lOOOH CLEAR'AIHT. j 45/"'1" r 1'1'-0" 8/-6'/ I 7'- 31/ 1 I M..,~. 1<.. 141)(24-' I?P-LWt.J'( L- .L.L~.' j:I~I-'OI:_ --1' /4''''0'' _ '_"ill SECOND FLOOR PLAN SCALE: 118" = l' - 0" 13'-0" 481- 'lq #"0' a' -0" .?Ol- "I" '" !;:) (1 r i() " ~ :;:. Q I , " rn LIVIN t:r 1$ 'x.. 15 I 2"..CA~ GrARAGle.. ;1.0'><20' ~ ,I . \J (\j DIIJIIJC::>r /31~111 16'- 'I" FIRST FLOOR PLAN SCALE: 118" = l' - 0" '" ~ ,I tv) III ~ 0, ,1 "- rn ~ ~? :;:, ,9 <1\ ~. 1:1 ,I rO fIl ~ <.'l ,I ~ fj\ ~ 1:1 ,I ~ ~ ,,? REVISIONS BY ~r~---~~.I' : / " i /'1 1.1 I // '-v~t II II !.. Ii .' i Ii Ii I, L.:'tl?:. . 1.:L~_:,) I '. I I /~ i' I II.... { I ~r.IIO~. ..-=-....':cco,c~="_o""--- .'---h----= L~--.~~j ~i ~ 1------ " Z <iZ ..::C) <i(j) ::>w (/)0 :I:C) C!)Z Zz C::z <C ..J 0.. N m N o '<;t' o~ '<;tl'- Q) ~ o <(In OeD ~~ uLL. >.- CON 00 .N <DO >, <(~ <DI'- c~ co tlllO UleD ::J~ ~.:.J InW Nf- N ED 0 51 10' 1"1 ....J R,OOF PLAN SCALE: 1/8"= 1'-0" 0) ..... or: 1-1- 00 ....IW u-, Wo C)~ <(0.. ....II- ::!z >w ~~ mo <..J ~w 0:::> WW 1-0 (3 o CJ Ul .~ ro Li.: c tll U) .c '5 o U) a5' :> 25 Ul ~ CJ .c 1:: o Z SECTION SCALE: 1/8" = l' - 0" . LOT 1798 PLAN FLOOR AREA CALCULATION FLOOR GROSS AREA LIVABLE AREA GARAGE FIRST FLOOR 1 ,393 sq. ft. 931 sq. ft. 462 sq. ft. SECOND FLOOR 1,399 sq. ft. 1,399 sq. ft. TOTAL 2,792 sq. ft. 2,330 sq. ft. 462 sq. ft. Date k.:2 - Z -,"5 Scale Drawn p. /-1 Job she~A_2 Of 3 Sheels -i---t_l?!?-Of-- .. , ~ I I,?! !\9boF' o~f~~ ~ I ---j \ "I ~\ (j. ~ \II -to"~_fJ- ~-lfl~?rJ"~_' - _._~-- WEST ELEVATION SCALE: 1/8" = l' - 0" ~ <;) 'i I~l..gpo~ 1\0, ToP oF f LA f: r t. , ~ ~ i ~~ ~i- ~ . Jr Sf(;ONp FL ~ ! '?i ~ FI~sr FL. . reoo~_ ~ c:> ,I "(! 4l \ ~ ~ ,I ,-I ~~ ~ ~ -.l (\ " FIR~T f\.... I L mg NORTH ELEVATION SCALE: 1/8"= 1'-0" LA FL... mg '--EAsT ELEVATION SCALE: 1/8" = l' - 0" RPo F=' ~ ,-,,~~rLAr~ ~~~ ;, ,~ ~> l .Slr:c.~.:r:l .'1: .:.;~' . --- -~'. ,\ -B SOUTH ELEVATION SCALE: 1/8" = 1'.. 0" II '...41" 1f!.6 '" 1 . t>, ~.It 2 fI 'xI;;" Cip~N 1'0 1-1 V I Nt{ R1'1. 13. R.:l'I.s 12.1"'121 i i .; I ~i -1~[. I '" i ~~I . -I 1 ~l ~--J c.>-.I . --w Ll IB'-~" .4/.-611 ,/31-0// __.___________.'. . -'. ----- -_I:_,..~._-_.._- _____ ., 5/~O~__...____.____.._ N ffi 0 ~' 10' 1""1 . SECOND FLOOR PLAN SCALE: 1/8 "= l' - 0" $/~OH 6>'-0- ~j _28~11J""_____ P' t . , r I :2-c,AR dlAr<Ac, E.. ~ 2::/JC20' I' I I (; FAMILY ~M. 17x2/' UP LI VI NGl ./S'X 2.0' 1711-J1t-Jtr 14/x/4" " ~ 'I \}... F.IRST FLOOR PLAN SCALE: 1/8" = l' - 0" ",4 '17-" :f::L:?'7 ROOF PLAN SCALE: 1/8" = l' - 0" T1gJ?-ef-,~f--,-- ~~ : '{\! Cr;ILlN~ '\,---..---- ~~:~.=-:::,-.......,u--:-=~--:-::::-:-,=:"-:.:"=.-. _~;.-:-/ ~~ ~oof -- ,..- -p,---..----.....---. .._-_._~~---_._----_.__._,-----_....."..- ,r t . .-- ;",:; Pf-~/ e>. ~. "4 If~~~lu !....r=.~.':.t>D~N~. OIN'N~ l!E1) I !t===~ll j rll~~T fL.._.. r SECTION SCALE: 1/8" = l' - 0" FLOOR AREA CALCULATION FLOOR GROSS AREA L1VAJ3LE AREA FIRST FLOOR 1,731 sq. ft. 1,258 sq. ft. SECOND FLOOR 1,241 sq. ft. 1,241 sq. ft. TOTAL 2,972 sq. ft. 2,499 sq. ft. +. ~~~:~_ u_ j-) fAMIL)' RY1. GARAGE 473 sq. ft. 473 sq. fl. REVISIONS BY C) Z <i.Z ....:C) <i.(j) =>~ en. ::Co C)z Z- _z a..Z ~ a. N (J) N o <;t , o~ 'Q'I"- (J) ~ <(t?5 o~ ;::;x GLt >. roN' 00 ai~ > , <(LO LO WI"- c~ Co CIlLO "'co ::l~ .:3',:,j ~~ en to-- -.:- 1-1- 00 ..Jw u"') ~~ <(n. -'I- ::!z >w >~ <to. mo ~uj a:> wUJ 1-0 <( o <5 u en 'tj C ~ I.L. C CIl U) :E ::l o U) W > t5 fIl ~ u .c t: o Z LOT 179C PLAN Date 12- 2 - 0,5 Scale Drawn p.;.? Job SheA -3 Of 3 Sheets 4:2{ A Gl A .6. FI<- 5 GtA L. :3 FI<A oxy IS ~AL. G RAP GLA 5 C:tA L /2 E"Sc. fRA '5 C::,A L r;:h. . STREET ELEVATION N..Ql?TH:CJ::.E5T .DRIVE covJ:;R rO~1A""Cl-t E.XISrl N61 2...1 p{T w. D. 5 GtAL rl~)fl STrlil9r .- -j i i......1 8 ---..~--_. 3'W~OD FE""" Ii f't4iNTS-TO r<J<MA1 N / -/ -;: / . - / 4 cup MAC I S c,A L .21 PIT yJ..D. _ 5 C:lA L ". "'-, ,,,,-,~ ..~ " ""',,- "'- " PLAN LEGEND ~ BOTANICAL NAME SYMBOL TREES CUP MAC Cuppressus Macrocarpa FRA OXY Fraxinus oxycarpa 'raywood' / Uf<OTl"'" .l'W$: "" """"1>.1 .--/' (SJ SHRUBS AGA AFR PITW.D. PAP CLA Agapanthus Africanus Pittosporum Tobira ' wheelers Dwarf' Raphiolepis Indica 'Clara' o 51 i..J..........c...... '." 161 I 3d I LANDSCAPE PLAN .SCALE: 1" = 10' - 0" COMMON NAME Monterey cypress Redwood ash Lily-of-the-nile Dwarf tobira Indian hawthorne REVISIONS BY . ... C) N (1) Z N '<1'9 <i.Z r-L() OL() '<I'f'-- -=C) OJ ~ -<0 <i.Ci) oiR W :ffx :::>0 0-< >LL (J) ~i :I:C) aitj C)Z > , -<lD Z- ~~ _Z a..Z m~ <C :J~ t1l ., ....I -.J~ a. lDW NI- en ..... "F" 1-1- -< 00 0 ...JW 6 .-, C.) Wo (/) Ti Clo=: e ~ <(a. u.. ...JI- e t1l :::!Z U) :S >w :J 0 >-:E U) ai <Co. > 030 8 ~m 1;) ~ C.) cr:> ..c 1:: WW 0 z .....0 ,,~,., LANDSCAPE PLAN D;lle I Z - :z.- 05 Scale D~awn r>* Job sheel_1 Of 1 Sheets "-' '" ~ J ..L ~ """ .t-' """ '" DATE: April 20, 2006 TO: Planning Commission SUBJECT: 1. Use Permit allowing the conversion of a vacant building to motorcycle sales and repair, a use generating in excess of 100 average daily vehicle trips, and allowing a 12 tall entry wall and gate. 2. Design Review of and Design Review of a motorcycle sales and repair facility with related exterior building modifications, landscaping, fencing and parking. Project Location: 2.46 acre site situated at 333 Corey Way in the Planned Industrial Zoning District. SSFMC Chapters: 20.32 and 20.85 and 20.87. Owner and Applicant: Thomas H. Perkins Case No.: P05-0I05 (UP05-0022 & DR05-006I) RECOMMENDATION: That the Planning Commission approve 1) Use Permit allowing the conversion of a vacant building to motorcycle sales and repair, a use generating in excess of 100 average daily vehicle trips, and allowing a 12 foot tall entry wall and gate, and 2) Design Review of a motorcycle sales and repair facility with related exterior building modifications, landscaping and parking, subject to making the required imdings and adopting the conditions of approval. BACKGROUNDillISCUSSION: The project includes the conversion of the existing vacant industrial building into a motorcycle sales and repair facility with associated exterior building fayade modifications and site improvements. The project also includes a substantial increase in landscaping, and provision of new parking. The existing building has been vacant for several years. - -r-~~ --, -- -- Page 2 of 4 GENERAL PLAN CONSISTENCY & ZONING COMPLIANCE The project site's General Plan land use designation is Business Commercial, which allows motorcycle sales and repair uses. The current site zoning of Planned Industrial (P-I) is inconsistent with the Land Use designation. Motorcycle sales and repair are allowed uses with an approved Use Permit in a Planned Industrial (P-I) District [SSFMC Section 20.32.020(c)]. The approval can be granted without changing the zoning, because the use is consistent with the General Plan which allows retail and commercial uses. The proposed use is consistent with the existing adjacent uses, which are largely commercial and industrial uses. Ultimately, it is the City's intent to bring the property into compliance with the General Plan. The site is required to be re-zoned from P-I to an appropriate commercial zoning district. A permit will be required from the Bay Conservation and Development Commission (BCDC) as the property fronts on two tidal sloughs within BCDC's jurisdictional area. Permits are reviewed by BCDC only after the local agency has approved the proposed development. The owner has already contacted BCDC staff to review their agency's requirements and procedures. The building complies with current City development standards as displayed in the following tab Ie: DEVELOPMENT STANDARDS Site Area: 2.46 acres [107,256 SF] Floor Area: Sales: 15,075 SF Repair: 16,025 SF Office: 2,294 SF Auxiliary: 2,135 SF Storage: 6,098 SF Total: 41,705 SF Building Height: Maximum: N/A Existing: 27FT Floor Area Ratio: Maximum: 0.5 to 1.0 Existing: 0.39 Lot Coverage Maximum: 60% Existing: 21.95 % T .~n(h::r.~nln a ~ ....y............ -~, -~~...., Page 3 of 4 DEVELOPMENT STANDARDS ( continued) Setbacks Minimum Front 20 FT Side 6 FT Side 6 FT Rear 15 FT Existing: 20FT 73 FT 64FT 103 FT Notes: 1. 6 foot landscaped side setback required of parking lots. 2. Parking based on the following rates: Office 1/300 SF; Showroom 1/250 SF; Repair 1/300 SF; and Storage 1/1500 SF. The proposed 122 vehicle parking spaces meets the minimum required 122 vehicle parking spaces set forth in SSFMC Chapter 20.74. Because the business caters to motorcycles, the applicant also proposes to provide 20 motorcycles spaces. Should additional parking be needed ample rooms exists to add spaces. The proposed 34,215 square feet of landscaping, representing 31.9 % of the total site area, exceeds the City's minimum requirement of 10% of the total site area. Because the proposed use will generate in excess of 100 average daily vehicle trips, the applicant is required to develop a Transportation Demand Management Plan. The TD M is required as a condition of approval. DESIGN REVIEW BOARD The project design was reviewed by the Design Review Board at its meeting of January 17,2006. At the meeting the Board offered the following comments: 1. Create a new landscape plan that considers turf maintenance (current plans do not account for maintenance of the proposed landscape). 2. Include proposed landscaping for the rear, unused portion of the property. 3. Create a landscape plan that uses salt water-tolerant plants, due to the potential for salt laden groundwater to rise into the planting holes during High-high tides. Landscape plan to be reviewed by the DRB landscape architects. 4. Ensure rooftop equipment is screened from public view. The ::Jnnlicant revi~e(l the lanci~c::Jne nlan incornor::Jtinp the RO::Jrci'~ comment~ The RO::lrc1 - -r--- - - J - - - - Page 4 of 4 The landscape plans will also be subject to the review and approval by Bay Conservation and Development Commission as part of their permit review. ENVIRONMENTAL REVIEW The City staffhas determined that the proposed development is Categorically Exempt from the provisions of the California Environmental Quality Act in accordance with Section 15301, Class 1 Existing Facilities. Because the project has been determined to be exempt, the Planning Commission need take no further action regarding the environmental review. Because the proposed development is in the area east of US 101, impact fees are required for traffic, sewer and childcare. RECOMMENDATION: The proposed development complies with the adopted General Plan is consistent with the City's zoning and development standards. Therefore, the Planning Commission should approve 1) Use Permit allowing the conversion of a vacant building to motorcycle sales and repair, a use generating in excess of 100 average vehicle trips, and allowing a 12 foot tall entry wall and gate, and 2) Design Review of a motorcycle sales and repair facility with related exterior building modifications, landscaping and parking, subject to making the required findings and adopting the conditions of approval. ~~ ~ eve Carlso, enior Planner ATTACHMENTS: Draft Use Permit Findings of Approval Draft Conditions of Approval Design Review Board Minutes January 17, 2006 Plans 333 COREY WAY (As recommended by City Staff April 20, 2006) As required by the Use Permit Procedures [SSFMC Chapter 20.81], the following findings are made in approval of a Use Permit allowing the conversion of a vacant building to motorcycle sales and repair, a use generating in excess of 100 average vehicle trips, and allowing a 12 foot tall entry wall and gate, based on public testimony and the materials submitted to the City of South San Francisco Planning Commission which include, but are not limited to: Plans prepared by Vitae dated August 2005; Design Review Board meeting of January 17,2006; Design Review Board minutes of January 17, 2006; Panning Commission staff report, dated April 20, 2006; and Planning Commission meeting of April 20, 2006: 1. The motorcycle sales and service will not be adverse to the public health, safety or general welfare of the community, or detrimental to surrounding properties or improvements. The building and site improvements design meet the City Design Guidelines and have been approved by the Design Review Board. Conditions of approval are included to require conformance with the Planning Commission approved plans and the Bay Conservation and Development Commission. 2. The motorcycle sales and service business complies with the General Plan Land Use Element designation of the site of Business Commercial. 3. The motorcycle sales and service business located in the Planned Industrial Zone District is adjacent to other similar uses and complies with all applicable standards and requirements of SSFMC Title 20. * * * P05-0105 UP05-0022 & DR 05-0061 (As recommended by City Staff on April 20, 2006) A. PLANNING DIVISION: 1. The applicant shall comply with the City's Standard Conditions and with all the requirements of all affected City Divisions and Departments as contained in the attached conditions, except as amended by the conditions of approval. 2. The construction drawings shall substantially comply with the Planning Commission approved plans, as amended by the conditions of approval including the plans prepared by Vitae, dated August 2005, submitted in Association with P05-0105. 3. Prior to the issuance of the Building Permit, the landscape plan shall be revised to incorporate the Design Review Board suggestions made at their meeting of January 17, 2006 and shall also include mature shrubs, trees that have a minimum size of24 inch box and 15% of the total number of proposed trees shall have a minimum size of 36 inch box. The landscape plan shall be subject to the review and approval by the City's Chief Planner. 4. Prior to the issuance of any permit associated with the exterior building or site demolition or improvements the owner shall provide documentation that the Bay Conservation and Development Commission has approved the use of the site and issued a permit. 5. Prior to the issuance of any permit the owner shall provide a Transportation Demand Management Plan (TDM) reducing traffic impacts (SSFMC ). The Plan shall be subject to the review and approval by the City's Chief Planner. 6. In accordance with SSFMC Chapter 20. 76 Sign Regulations, the owner shall obtain sign permits for all exterior signs. 7. Prior to opening the business the owner shall obtain a City Business License. 8. Prior to the issuance of any permit the applicant shall pay the Childcare impact Fee estimated to be $ 5,460.00 [(New Retail & Service of 42,000 B. ENGINEERING DIVISION: 1. STANDARD CONDITIONS The developer shall comply with the conditions of approval for commercial projects, as detailed in the Engineering Division's "Standard Conditions for Commercial and Industrial Developments", contained in our "Standard Development Conditions" booklet, dated January 1998. This booklet is available at no cost to the applicant from the Engineering Division. 2. SPECIAL CONDITIONS a) Upon completion of the building alterations and site improvements, the applicant shall clean, repair or reconstruct, the existing curb, gutter and driveway approaches, along the entire frontage of the subject parcel, as may be required by the City's Construction Manager, to conform to current City public improvement safety and drainage standards, prior to receiving a "final", or occupancy permit, for the proposed renovated development, or new tenant improvements. b) All new improvements to be constructed within the street right-of- way, or City owned easements, shall be approved by the Engineering Division and installed to City standards. An Encroachment Permit shall be obtained from the Engineering Division for all public improvement work, prior to receiving a Building Permit for the renovation proj ect. The cost of all work and repairs shall be borne by the applicant. c) The Applicant shall install new monolithic curb, gutter and sidewalk along the entire street frontage of the property. Sidewalk shall comply with all ADA requirements. The northerly driveway shall be reconstructed, including the installation of a catch basin connected to the existing storm drain, to eliminate the existing low spot. d) Any deteriorated pavement between the property frontage and center of the cul-de-sac shall be repaired to the satisfaction of the City's Public Works Inspector. within the site that will prevent runoff from the paved areas of the project from overflowing into Corey Way, or on to adjacent private property. A_l1Y existing drainage facilities that are proposed to be re- used shall be inspected by a competent consultant and cleaned, repaired, or improved by the applicant's contractor, in order to conform to City Engineering Division site drainage standards. A report shall be prepared by the applicant's drainage consultant and submitted to the Engineering Division for review and approval. The report shall describe the condition and adequacy of any existing storm drainage facilities that will be re-used and shall justify the design of all proposed new improvements to the site's drainage system. The applicant shall design and install the drainage improvements described in the approved report, to the satisfaction of the City's Engineering Public Works Inspector, prior to receiving an occupancy permit for the particular development for which the building permit has been issued. b) The applicant shall submit on-site pavement construction, pavement repair, striping, signing and traffic control plans for all interior parking lots and driveway isles within the site. R1 "Stop" signs shall be installed at each exit from the site. All traffic control signs shall be mounted on 2" diameter, galvanized steel poles. c) The applicant shall install new storm water pollution control devices and filters with the existing and new site drainage system, as required to prevent pollutants deposited on the impervious surfaces within the site from entering the public storm drains. Plans for these facilities shall be prepared by the applicant's consultant and submitted to the Engineering Division and to the City's Environmental Compliance Coordinator, for review and approval. Storm drain pipes, shall not connect to each other at a "blind" connection. All storm drains shall begin and end at a manhole, catchbasin, inlet, or junction box, in order to provide access for cleaning and maintenance. d) Applicant shall show all on-site existing sanitary sewer lines and facilities. Indicate facility size, material, and condition. 4. EAST OF 101 TRAFFIC IMPACT FEES Prior to the issuance of a Building Permit for the proposed project, the app1ica11t shall pay the East of 101 Traffic Impact fee, as adopted by the City 31,100 gsfCommercial use @ $8.77 per each square foot = $272,747. 2,294 gsf Office @ $2.11 per each square foot = $4,840. New trips = $277,587 Less credit for existing trips = (31,100+2,294) gsf x 0.54 PM trip rate x 2,288 cost per trip per 1,000 sf for industrial use = $41,259. Total E101 Traffic Impact Fee = $277,587 - $41,259 = $236,328. (This amount is subject to increases due to inflation and increases due to additional traffic improvements, as approved by the City Council). 5. SEWER SYSTEM CAPACITY STUDY AND IMPROVEMENT FEE The City of South San Francisco has identified the need to investigate the condition and capacity of the sewer system within the East of 101 Area, downstream of the proposed commercial development. The existing sewer collection system was originally designed many years ago to accommodate warehouse and industrial use and is now proposed to accommodate uses, such as offices and biotech facilities, with a much greater sewage flow. These additional flows, plus groundwater infiltration into the existing sewers, due to ground settlement and the age of the system, have resulted in pumping and collection capacity constraints. A study and flow model has been done to analyze the problem and recommend solutions and improvements. The applicant shall pay the East of 101 Sewer Facility Development Impact Fee. The fee is estimated to be 400 gal/day per 1000 sf x 41.627 = 16,651 gallons per day. 16,651 gpd @ $3.19 per gpd = $53,116. The sewer contribution shall be due and payable prior to receiving a building permit for the proposed building. The fee will be subject to annual increases, as approved by the City Council. (Engineering Division contact: Michelle Bocalan 650/829-6652) C. POLICE DEPARTMENT 1. Municipal Code Compliance The applicant shall comply with the provisions of Chapter 15.48 of the 2. Building Security a. Doors 1. The jamb on all aluminum frame-swinging doors shall be so constructed or protected to withstand 1600 lbs. of pressure in both a vertical distance of three (3) inches and a horizontal distance of one (1) inch each side of the strike. 2. Glass doors shall be secured with a deadbolt lock1 with minimum throw of one (1) inch. The outside ring should be free moving and case hardened. 3. Employee/pedestrian doors shall be of solid core wood or hollow sheet metal with a mil1imum thickness of 1-3/4 inches and shall be secured by a deadbolt lock1 with minimum throw of one (1) inch. Locking hardware shall be installed so that both deadbolt and deadlocking latch can be retracted by a single action of the inside knob, handle, or turn piece. 4. Outside hinges on all exterior doors shall be provided with non-removable pins when pin-type hinges are used or shall be provided with hinge studs, to prevent removal of the door. 5. Doors with glass panels and doors with glass panels adjacent to the doorframe shall be secured with burglary- resistant glazing2 or the equivalent, if double-cylinder deadbolt locks are not installed. 6. Doors with panic bars will have vertical rod panic hardware with top and bottom latch bolts. No secondary locks should 1 The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside door knob/lever/tumpiece. A double-cylinder deadbolt lock or a single-cylinder deadbolt lock without a turnpiece may be used in "Group B" occupancies as defmed by the Uniform Building Code. When used, there must be a readily visible durable sign on or adjacent to the door stating "This door to remain unlocked during business hours", employing letters not less than one inch high on a contrasting background. The locking device must be of type that will be readily distinguishable as locked, and its use may be revoked by the Building Official for due cause. to protect the latch. No surface-mounted exterior hardware need be used on panic-equipped doors. 7. On pairs of doors, the active leaf shall be secured with the type of lock required for single doors in this section. The inactive leaf shall be equipped with automatic flush extension bolts protected by hardened material with a minimum throw of three-fourths inch at head and foot and shall have no doorknob or surface-mounted hardware. Multiple point locks, cylinder activated from the active leaf and satisfying the requirements, may be used instead of flush bolts. 8. Any single or pair of doors requiring locking at the bottom or top rail shall have locks with a minimum of one throw bolt at both the top and bottom rails. b. Windows 1. Louvered windows shall not be used as they pose a significant security problem. 2. Accessible rear and side windows not viewable from the street shall consist of rated burglary resistant glazing or its equivalent. Such windows that are capable of being opened shall be secured on the inside with a locking device capable of withstanding a force of two hundred- (200) Ibs. applied in any direction. 3. Secondary locking devices are recommended on all accessible windows that open. c. Roof Openings 1. All glass skylights on the roof of any building shall be provided with: a) Rated burglary-resistant glass or glass-like acrylic material. 2 or: b) Iron bars of at least 1/2" round or one by one-fourth inch c) A steel grill of at least 1/8" material or two inch mesh under skylight and securely fastened. 2. All hatchway openings on the roof of any building shall be secured as follows: a) If the hatchway is of wooden material, it shall be covered on the outside with at least 16 gauge sheet steel or its equivalent attached with screws. b) The hatchway shall be secured from the inside with a slide bar or slide bolts. The use of crossbar or padlock must be approved by the Fire Marshal. c) Outside hinges on all hatchway openings shall be provided with non-removable pins when using pin-type hinges. 3. All air duct or air vent openings exceeding 8" x 12" on the roof or exterior walls of any building shall be secured by covering the same with either of the following: a) Iron bars of at least 1/2" round or one by one-fourth inch flat steel material, spaced no more than five inches apart and securely fastened. or: b) A steel grill of at least 1/8" material or two inch mesh and securely fastened and c) If the barrier is on the outside, it shall be secured with galvanized rounded head flush bolts of at least 3/8" diameter on the outside. d. Lighting 1. All exterior doors shall be provided with their own light source and shall be adequately illuminated at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 2. The premises, while closed for business after dark, must be sufficiently lighted by use of interior night-lights. e. Numbering of Buildings 1. The address number of every commercial building shall be illuminated during the hours of darkness so that it shall be easily visible from the street. The numerals in these numbers shall be no less than four to six inches in height and of a color contrasting with the background. 2. In addition, any business, which affords vehicular access to the rear through any driveway, alleyway, or parking lot, shall also display the same numbers on the rear of the building. f. Alarms 1. The business shall be equipped with at least a central station silent intrusion alarm system. NOTE: To avoid delays in occupancy, alarm installation steps should be taken well in advance of the final inspection. g. Traffic, Parking, and Site Plan 1. Handicapped parking spaces shall be clearly marked and properly sign posted. NOTE: F or additional details, contact the Traffic Bureau Sergeant at (650) 829-3934. h. Misc. Security Measures 1. Commercial establishments having one hundred dollars or more in cash on the premises after closing hours shall lock such money in an approved type money safe with a minimum rating ofTL-15. 2. Fencing should be of an open design, such as decorative wrought iron, to preclude scaling, and maximize both natural surveillance and territorial reinforcement. (Police Department contact: Sgt. E. Alan Normandy 650/877-8927) D. WATER QUALITY CONTROL PLANT 1. A plan showing the location of all storm drains and sanitary sewers must be submitted. 2. The onsite catch basins are to be stenciled with the approved San Mateo Countywide Stormwater Logo. 3. Storm water pollution preventions devices are to be installed. A combination of landscape based controls (e.g., vegetated swales, bioretention areas, planter/tree boxes, and ponds) and manufactured controls (vault based separators, vault based media filters, and other removal devices) are preferred. Existing catch basins are to be retrofitted with filter type catch basin inserts or equivalent. These devices must be shown on the plans prior to the issuance of a permit. CDS or Stormceptor units alone are not acceptable. These units must be used in series with an additional treatment measure. 4. The applicant must submit a signed maintenance schedule for the stormwater pollution prevention devices installed. 5. Any trash handling area must be covered, enclosed and must drain to sanitary sewer. This must be shown on the plans prior to issuance of a permit. 6. Plans must show the connection of the wash area to the sanitary sewer. 7. Plans must show the location of all drains in the maintenance area. These drains must be connected to a three-compartment oil/water separator and the sanitary sewer. 8. Must demonstrate how the storm drains will be protected during construction. (Water Quality contact: Cassie Prudhel 650/829-3840) l!! ~ ~ ;;; ~ :> ~ cg: ~ ~ ~ ft en ~ E i ~ ~ ABBREVIATIONS Aa ANCHOR BOLT IAN JANrrOR AC ASPHALTIC CONCRETE JB JUNCTION aox NC AIR CONOmONING IT JOINT ACOUS ACOUSTICAL ACT ACOUSTlCAlllLE AD) ADJUSTABlE/ADjACENT LAV LAVATORY AFF ABOVE FINISH FLOOR AL ALUMINUM LDC LOCATION ANOD ANODIZED MATL MATERIAL BA BATH MAX MAXIMUM aD BOMO MB MAD-IINE BOLT aLOG BUILDING MaR MASTER BEDROOM BIJ( BLDCK HECH MECHANICAL aM BEAM MFR f"W>,IUFACfURER aD BOTTOM OF MIN MINIMUM BOT BOTTOM 1'10 I-1ASONRY OPENING aR BEDROOM MSTR MASTER MTL METAL CAB CABINET MULL MULLION CB CATCH BASIN (N) NEW CEM CEMENT CER CEPAMIC NA NOT APPUCABlE OR NOT AVAILABLE 0 CAST IRON NK: NOT IN CONTRACT q CONSTRUCTION JOINT NTI; NOT TO SCALE a CENTERLINE 01 OVER CLG CEIUNG ao CLOSET OC ON CENTER CLR ClEAR 00 OUTSIDE OIAHmR COL COLUMN OFD OVERfLOW ROOf DRAIN COMP COMPosmON OFF OfFICE CONe CONCRETE OPNG OPENING CONN CONNECTION OPP OPPOSITE CONT CONTINUOUS Pl PLATE CONTR CONTRACTOR PLAt-l PLASTIC LAMINATE CORR COfl,.RlDOR PLAS PlASTER CPT CARPET CSK COUNTERSUNK PLYWD PLY\VOOD CT CERAr11C TILE R RISER. Off DETAIL (R> R8.0CATE(D) OF DOUGLAS FIR/DRINKING FOUNTAIN RAD RADIUS ~~M ORO I DIAMETER RCP REINfORCED CONCRETE PlfE DIMENSION RD ROOF DRAIN DR DOOR RDWD REDWOOD OS DOWNSPOUT REC RECESSED DWG DRAWING REINF REINFORCED RHHS ROUND HEAD MACHINE SCREVV (E) EXISTING RM ROOM EA EACH RO ROUGH OPENING ECP EXTERIOR CEMENT PlASTER RWL RAINWATER lEADER EL 8.EVATION sc saUD CORE ElEC EL~CAL ELEV ELEVATOR SCD SEAT COVER DISPENSER EQ EQUAL SO STORM DRAIN EXPJT EXPANSION JOINT SECT SECTION EXT EXTERIOR Sfrr SHEET 511'1 SIMIlAR FAU SND SANITARY NAPKIN DISPENSER FD SPEC SPEClRG\TiON FEXT SQ SQUARE FIN 55 SANiTARY SEWER FLR R.OOR SST STAINLESS 5rtEl FO FACE OF SID STANDARD FOC FACE OF CONCRETE ill STEEL FOF FACE OF RNISH STaR STORAGE FOM FACE OF MASONRY STRUcr STRUCTURAL FOS FACE Of STUDS SUDr sUSPENDED FTG FOOTING T TREAD GA TC TOP OF CURB/CONCRETE GALV TEl TELEPHONE GAR T&G TONGUE AND GROOVE GC THK THICKNESS GR TO TOP OF GFRC TOS TOP OF SLAB GI GALVANIZED IRON lYP TIPlCAL G1V GATE VALVE T-24- TITLE 2'\ GYP GYPSUM HB UON UNLESS OTHERWISE NOTED HDR UR URINAl HDWD HDWR f-lAROWARE vO' VITREOUS CLAY PIPE HM HOLLOW METAL VCT VINYL COMPosrnON llLE HORIZ HORIZONTAl VERT VERTICAL HPT HIGH POINT VIF VERIFY IN FJELD HR HOUR HT HEiGHT WI WfTH HW HOT WATER WC WATER CLOSET HVAC HEATING VENTILATING & AiR CONOmONING WD WOOD INSUL WH WATER HEATER WS WEATHERSTRIPPING INT WWF WELDED WIRE FABFUC 10 to ~ ~ e> ~ I ;a ::> ~ Z ~ G I ~ XREfS: 0 J:\Jobs\20517t\DWG\PlANNlNG-U5XTBot (J J..,JobIM05rmOWO\Pl.ANNING-PROJEQT.DlAECTORY SYM BOLS ~EXTERJOREl...EVATION 9 EXTEAJOR 8...fVATION NUMBER A9.9 SHEET WHERE ELEVATION OCCURS INTERIOR ElEVATION A....--WAlL DESIGNATION LEITER ~'NTERlOR ELEVATION NUMBER 2.0 SHEET WHERE ELEVA nON OCCURS t=BUILDINGSECOONCUT A SECTION NUMBER A:9 SHEEfWHERE SECTlON OCCURS AU WALlSEC110N ~WALL5ECTIONNUMBER g.O SHEET WHERE SECTION OCCURS -- ~. DETAIL BUBBLE , - ~ DITAlLNUMBER _./ ~ SHEETWHEREDETAILOCOJRS DETAIL SEcnON @:=DEfAILNUMaER T .~_~OO",o~ ~ ~ ROOM NUMBER& DOOR lETTER ~ HARDWARE GROUP (NUMBER) OR 0- DOOR NUMB'R ~ WINDOW TAG ~___ WINDOW NUMBER ANISHTAG ~FlNISH o:J-- COLOR ROOM TAG ENTRY ___ ROOM NAME DQQJ.--ROOM NUMBER KFfNOTE ~KEYNOTENUMBER'NUt1BER. CORRESPONDS TO NUMBER IN KEYNOTE LEGEND ~ ~ ELEVATION TARGET OR WOfOONG POINT ~~~~: ~ ___:~~:~ENATCHPLANOCCURS \: I ':~~, I REVJ5tON DI.A110ND - FA=ADDENDUM C=QtANGE ORDER 2 ADDENDUM OR S ~:~~: ORDER ITEM NUMBER OCCUPANT LOAD 0--- ~CUPANTS DUDLEY PERKINS HARLEY DAVIDSON USE PERMIT SUBMITTAL JURISDICTION: EXISTING PLANNING ZONE: PROPOSED PLANNING ZONE: BUILDING CODE: CONSTRUCTION TYPE: NUMBER OF STORY: SCOPE OF WORK: EXISTING OCCUPANCY: SITE AREA: PROPOSED LANDSCAPE AREA: EXISTING BLDG FOOTPRINT: EXISTING BUILDING AREA: ALLOWABLE BUILDING AREA: PROPOSED AREA USAGE: PARKING ANALYSIS: 333 COREY WAY SOUTH SAN FRANCISCO, CA PRO ECT DATA CITY OF SOUTH SAN FRANCISCO P-I (PLANNED INDUSTRIAL) P-C (PLANNED COMMERCIAL) 2001 CALIFORNIA BUILDING CODE 200 I CALIFORNIA MECHANICAL CODE 2004 CALIFORNIA ELECTRICAL CODE 2001 CALIFORNIA PLUMBING CODE 200 I CALIFORNIA FIRE CODE AND ALL RELATED ORDINANCES 200S CALIFORNIA ENERGY CODE III-N (NO CHANGED) 2 STORY SITE IMPROVEMENT PER CURRENT CITY STANDARD BUILDING IMPROVEMENT TO ACCOMMODATE DUDLEY PERKINS HARLEY DAVIDSON B, F I & S I PROPOSED OCCUPANCY: B. M, S I & S3 I-HR OCCUPANCE SEPARATION REQUIRED BETWEEN S3 & B, M OR S I NO OCCUPANCE SEPARATION REQUIRED BETWEEN B, M & SI 107,256 SF (NO CHANGE) 34,206 SF (31.9% OF SITE AREA> 10% MINIMUM REQUIREMENT) 23,543 SF I ST FLOOR: :1:21,800 SF 2ND FLOOR: :t 19 033 SF TOTAL: :1:40,833 SF PROPOSED BLDG FOOTPRINT: PROPOSED BLDG AREA: ~f}~~~~~ ~La~I~~~ (41f~~g'f~(t~~~6~% ~N~R~~E- ~~ ~~~ ~~~ ~~~~g5.~)3) THEREFORE ALLOWABLE BLDG AREA = 12,000 SF X 2 = 24,000 SF AUT~~~~J~J~E 1rr~0~:L~~L~G2As;r3-R~~~&5~f ~E:f;,5~~:600 SF > 41,627 SF (PROPOSED) AUXILIARY AREA: CONFERENCE ROOM / BREAK ROOM: OFFICE: SHOW ROOM / MERCHANDISING AREA: SERVICE AREA (BIKE WASH / REPAIR AREA): STORAGE: 2,135 SF 940 SF I ,3S4 SF I S,075 SF I 6.02S SF 6,098 SF SHOW ROOM / MERCHANDISING AREA / OFFICE: SERVICE AREA (BIKE WASH / REPAIR AREA): STORAGE: TOTAL REQUIRED: I 6,429 SF / 250 SF = 66 STALLS I 6,02S SF / 300 SF = 53 STALLS 6098 SF /2000 SF = 3 STALLS 122 STALLS (INCLUDING I VAN ACCESSIBLE & 4 HC PARKINGS) 122 STALLS (INCLUDING I VAN ACCESSIBLE & 4 HC PARKINGS) AND 20 MOTORCYCLE STALLS TOTAL PROVIDED: NEW AUTOMATIC FIRE SPRINKLER THROUGHOUT SHEET INDEX ARCHITEcrURAL: AO.O 1 TITLE SHEET A 1.00 EXISTING SITE PLAN A 1.0 I PROPOSED SITE PLAN AI.02 PLANTING PLAN AI.03 EXISTING GRADING PLAN AI.04 PROPOSED GRADING PLAN A2.QO EXISTING FLOOR PLAN - I/F A2.0 I EXISTING FLOOR PLAN - 2/F A2.02 PROPOSED FLOOR PLAN - I/F A2.03 PROPOSED FLOOR PLAN - 2JF A3.00 EXISTING ELEVATION A3.01 PROPOSED ELEVATION A3.02 PROPOSED ELEVATION (CONTINUE) OWNER: 333 COREY WAY. LLC 2335 WEXFORD AVE. SOUTH SAN FRANCISCO. CA 94080 TEL: (415) 703-9494 CaNT Acr: TOM PERKINS TENANT: DUDLEY PERKINS HARLEY DAVIDSON 333 COREY WAY SOUTH SAN FRANCISCO. CA 94080 TEL: (415) 703-9494 CaNT Acr: TOM PERKINS ARCHITECT: VITAE ARCHITEcrURE PLANNII-JG INTERIORS 640 2ND STREET, 2JF SAN FRANCISCO, CA 94107 TEL: (415) 3S6-6400 FAX: (4IS) 356-6401 CONT Acr: PAUL HOCKETT, AlA GENERAL CODY I BROCK. INC CONTRAcrOR: 967 CENTER STREET SAN CARLOS. CA 94070 TEL: (650) 591-0757 FAX: (650) 591-0756 CONTAcr: RICH CODY :"~.;~:.R#~a;:=~~ ::~;~~ DUDLEY PERKINS HARLEY DAVIDSON USE PERMIT SUBMITTAL 333 COREY WAY SOUTH SAN FRANCISCO, CA )OBhJO PIH TITLE SHEET .0 I R = 65.001 .6. = 890 591 :;911 L = 102.101 EXISTING TREE & SHRUBS TO BE REMOVED PORTION OF EXISTING LANDSCAPE AREA / AC PAVING TO BE REMOVED TO ACCOMMODATE PROPOSED FEATURES AS SHOWN ON At01 (HATCHED AREA TYP) EXISTING LANDSCAPE AREA TO REMAIN - UO.N. - TYP. REPLACE EXISTING DIRT / AC PAVING TO ACCOMMODATE NEW PLANTS SHOWN DOTTED - TYP . SEE VAt01 PREPARE EXISTING DIRT AREA TO ACCOMMODATE NEW AC PAVING SHOWN CROSSED EXISTING CHAlN-UNK FENCE & GATE TO BE REMOVED EXISTING STAIR TO BE FILLED WITH CONCRETE EXISTING PARKING STRIPPING TO BE REMOVED. TYP REMOVE UN-u5ED ON-SITE UTIUT1ES . VERIFIED IN Flao REMOVE EXISTING AC PAVING, LANDSCAPE AREA OR SOIL TO ACCOMMODATE NEW CONCRETE WALKWAY, STAIR. RAMP OR OTHER WORK AS SHOWN ON 1/At01 . TYP I!! .g oS ~ w i=" :> ~ ~ ~ ~ ~ gi ~ ~ o o ~ '" o o '" <.0 ~ COREY WAY ~ f!! cii '~~ g ;& ~ z -~ 6 ~ ~ MODIFY PORTION OF / (El LANDSCAPE AREA TO ACCOMMODATE (N BIO-SWALE PER CITY STDS / !i1i.0i. . , @.~i'; :.r ~,~ ....~, Ie<) tl1?i/.... - .;~ ~.d:1 ,;11,'1/""/ :f!-k.... ; ~~} ',$~~::~. ' r#J.~ J \~~I_..I~ ,!:/L !I{i~~. -/=== ,-:;:~:::":_g @Jj"1.0 ~~ .//0 . w" 0 ~~::'~.i : ~ COlMA CREEK ~<7Il:i'li1f~itFf~"jff;- : . . . .,; EXISTING ABOVE GROUND EXISTING STAIR TO BE PROPANE GAS TANK AND FILLED WITH CONCRETE BOLLARDS TO BE TO ACCOMMPDATE REMOVED ~ EXPANSION AS SHOWN ON PROPOSED FLOOR PLAN ':' ,:; ~~r-.~.~~Lr.;~':~:_i~~_'~,,~,:_':,':~~,:_;_~_~~,::~',,_;_!ff<_~t_:: ~~1li~':.:. :1ii.-'. TB~;'. ,:~!~ :;~:".:~?I~,~;.,.. ~,~2.:;1:... - - -'- :__ I "" J "'., J ,'-' .!! -'!""7i!fff - ~ --#IJ#' -. i!i!f.~' "-~"JJ'---~,-"L_~~~':~~~~='"':=~?5L~f~,"L:t~_~2_~~~:l_~~ ~f I I I ~ l!) .0 C"I C"I ___________J~',.,y,.'...__________ 5: o o o c') 'b:> \D tn REMOVE N200 :;01 0011 W 269.611 EXISTING BOLLARDS TO ACCOMMODATE GATE TO BE SHOWN ON DRIVEWAY / / / REMOVED SHEET Ato2 / / '/ / / /~;/d#~#b~~ REPAIR EXISTING AC PAVING WHERE DAMAGE OCCURS EXISTING NON-COMPIANT STAIR TO BE REPLACED WITH NEW CD ~XI~~IN~ SITE ::AN W-.. I SCALE: 1/1 0 20~O/l ~ ~ XAEFS; 0 ~\205m\DWG\PLANNING.U6XT801; 11 J:\Jobs\205fn\OWG\PlANNINa.moJECT-01RECTORY; a ..t\Joba\205l11~DWG\U6XSP01; D USI(SPCOt [J J:\Jobg\205171\OWG\U8XFLOla; 0 .tWoba\205t71\DWG\LJlhl.FlD2a; II ueXGOOI ---------- R = 1000,001 6. = 120 481 5511 L = 22:;.671 OWNER: 333 COREY WAY, LLC 2335 WEXFORD AVE. SOUTH SAN FRANCISCO. CA 94080 TEL: (415) 703-9494 . CONTACT: TOM PERKINS TENANT: DUDLEY PERKINS HARLEY DAVIDSON 333 COREY WAY SOUTH SAN fRANCISCO. CA 94080 TEL: (415) 703-9494 CONTACT: TOM PERKINS ARCHITECT: VITAE ARCHITECTURE PLANNING INTERIORS 640 2ND STREET, 2/F SAN FRANCISCO. CA 94107 TEL: (415) 356-6400 FAX: (415) 356.640 I CONTACT: PAUL HOCKETT. AlA GENERAL CODY / BROCK. INC CONTRACTOR: 967 CENTER STREET SAN CARLOS. CA 94070 TEL: (650) 591-0757 FAX: (650) 591-0756 CONTACT: RICH CODY DUDLEY PERKINS HARLEY DAVIDSON USE PERMIT SUBMITTAL 333 COR'f( WAY SOUTH SAN FRANCISCO, CA JOB NO PJH EXISTING SITE PLAN 1.00 ~ I1J ~~ ~ffi 0", ;;i< ~~ ~ EXISTING NON-COMPUANT STAIR TO BE INFlLLED WITH CONCRETE NEW ACCESSIBLE CONCRETE STAIR WITH HANDRAIL AND GUARDRAIL (OPTION: PAINTED METAL) COlMA CREEK NEW HYDRAUC UFT NEW t12 SLOPE CONCRETE RAMP & CONCRETE PLATFORM NEW PLANTS & TREES AREA SHOWN DOTTED EXCEPT REMAINING TREES I SHRUBS AS INDICATED - TYP NEW AC PAVING AREA SHOWN SHADED NEW 10' HIGH METAL FENCE AND GATES 302,31' " / " / // / o " /// /' ,,/ , / /, ~~ / u/, / " ':::: :.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.' 'ats ~ .':':':':':':':':':':':':':':':':':':':':':':':':':':':,:,:.:.:.:.:.:.:.:.:,' .~~~ v;fo NEW He PARKING PER CURRENT SLOG CODE A REPAIR EXISTlNS, BROKEN, DISPLACED OR OTHERWISE DAMAGED CURB, SUTTER, SIDEWALK ~ DRIVEWAYS ALONG THE ENTIRE STREET FRONTAGE OF THE SUBJECT PROPERT'!' AS REQ'D TO CONFORM WITH CURRENT CIT'1' STANDARDS. DAMAGE DUE TO TREE ROOTS SHALL BE REPAIRED BY REMOVING THE EXISTING TREEISI WHERE RECOMMENDED BY THE CITY'S LANDSCAPE ARCHITECTI ~ ITS ROOT SYSTEM(SI, AND RECONSTRUCTING OR REPLACING ALL DAMAGED CURB, SUTTER, SIDEWALK, STREET PAVEMENT STRUCTURAL SECTIONS, STORM DRAINS, SANITARY SEWERS ~ ANY OTHER AFFECTED UTILITIES OR APPARTRNANCES, ANY EXISTINS TREES REQUIRING REMOVAL SHALL BE REPLACED WITH (21 NEW TREES FOR EACH EXISTING TREE REMOVED, OF A VARlET'!' ~ It A LOCATION, THAT WILL NOT DAMAGE THE SIDEWALK PAVEMENT, OR UNDERGROUND UTILITIES IN THE FUTURE. NEW ROOT SHIELDS SHALL BE INSTALLED. TREE SPECIES, LOCATION ~ PLANTING SHALL BE ACCOMPLISHED TO THE SATISFACTION OF THE CIT'1' ENGINEER ~ THE CITY'S LANDSCAPE ARCHITECT. PROPOSED TREES SHALL BE WITH A MINIMUM SIZE OF 24" BOX .PROPOSED LANDSCAPE SHALL COMPLY WITH THE DESIGN REVIEW BOARD RECOMMENDATIONS ~ BE SUBJECT TO THE REVIEW ~ APPROVAL BY THE CIT'1"S CHIEF PLANNER, UPON COMPLETION OF THE BLDG CONSTRUCTION ~ SITE IMPROVEMENT, CONTRACTOR SHALL CLEAN, REPAIR, OR RECONSTRUCT THE CURB, GUTTER, ~ SIDEWALK ALONG THE ENTIRE FRONTAGE OF THE DEVELOPMENT AS MAY BE REQ'D BY THE CIT'1' ENGINEER TO CONFORM TO CIT'1' STANDARDS PRIOR TO RECEIVING AN OCCUPANCY PERMIT FOR THE BUILDING EXTERIOR DOORS, PERIMETER, PARKING ~ CANOPY LIGHT SOURCE SHALL BE CONTROLLED BY PHOTOCELL OR TIMER ~ SHALL BE LEFT ON DURING HOURS OF DARKNESS OR DIMINISHED LIGHTING PARKING LOT LISHTS SHALL REMAIN ON DURING THE HOURS OF DARKNESS ON SITE LIGHTING WILL BE PROVIDED PER CURRENT CIT'1' STANDARD ON SITE STORM DRAINAGE SYSTEM WILL BE PROVIDED PER CIT'1' STANDARD NEW BRICK PAVEMENT I'l' , .,. I.r, I'l' 1'1' , ,r, I ~ I'l' I.r, I t , '1' 1'1' I.r. t '(' 'I' .r, NEW PARKING STRIPPING AS SHOWN PER THIS LAYOUT GENERAL NOTES: NEW ACCESSILBE RAMP / WITH HANDRAIL BOTH SIDES / // / NEW STAIR WITH HANDRAILS BOTH SIDES NEW ACCESSIBLE CONe. WAl..K!NAY NEW STOP SIGNAGE POST & GROUND SIGNAGE PER CIlY sms - TYP NEW SITE ENiRY SlGNAGE PER CIlY STDS !! tl .!!l ~ ~ ~ :> !I '[ i o ~ ci ~ ~ N ~ .................... 0 '...'..,.......,......'.................. 0 ......,............. 0 .............,...... 0 ................... 0 .........,........ co U) NEW WALL WITH SIGNAGE NEW 10' HIGH MIL FENCE & GATE 269.61' REPLACE EXISTING CHAlN-UNK FENCE WITH NEW 10' HIGH ALONG THE PROPERTY UNE AS INDICATED NEW TRASH COLLECTION AREA PER CURRENT CITY STANDARD EXISTING AC PAVING TO BE PATCH & SLURRY SEALED , / / /.../ ///' //// ,/" )/7./ // /" / /../ / :',A' // // / '/0// .z//. X~JzfJN~B):n~/' -/ ~ .,/ ~.L-~ "/ / ..,. I- 7--: -L-_L-- /./ /'" .// // L...... ',--L--~- , L~~ _..L-- - i OWNER: 333 COREY WAY. LLC 2335 WEXFORD AVE, SOUTH SAN FRANCISCO, CA 94080 TEL: (41 S) 703-9494 CONTACT: TOM PERKINS TENANT: DUDLEY PERKINS HARLEY DAVIDSON 333 COREY WAY SOUTH SAN FRANCISCO. CA 94080 TEL: (415) 703.9494 CONTACT: TOM PERKINS ~ ~ ! ci ~ o g ::> ~ Z z ~ (5 ;;: ~ ~ CD :R~:O~:D SIT~o' PLAN IJI.. I SCALE: 1" . 20'-0" ~'" ORT "'o:~~<' ARCHITECT: VITAE ARCHITECTURE PLANNING INTERIORS 640 2ND STREET, 2JF SAN FRANCISCO, CA 94107 TEL: (415) 356.6400 FAX: (415) 356-6401 CONTACT: PAUL HOCKETT. AlA GENERAL CODY I BROCK INC CONTRACTOR: 967 CENTER STREET SAN CARLOS. CA 94070 TEL: (650) 591-0757 FAX: (650) 591.0756 CONTACT: RICH CODY XREFS: [] J:\Job5\206171'DWG\PlANNING-U6XTBO~ [] J:\Joba\20517l\DWG\PLANNlNG-PROJECT-D1FlECTORY; [] J.\Jobs\205f71\DWG\UtiXSPOt 0 U6xSPCOt tI J.\Joln\2D5f71\DWG\U6XFlOlll; n J:\JobG\20517l\DWG\U&FlO2a: 0 U6XGD01 DUDLEY PERKINS HARLEY DAVIDSON USE PERMIT SUBMITTAL 333 COREY WAY SOUTH SAN FRANCISCO, CA JOB NO PJH PROPOSED SITE PLAN I .0 I / / / /'/ /// ' l/ / / l// / / 1// / 1/ l// / // / / V'~ ///', / V; / ~ V~ /~> /7'/ ,/ // /,/// / // / e tl J!l {3 ~ ~ ;; ~ g: ~ ~ <:) ~ cii ~ E ~ '" "' ~ "' o ~ ~ ~ ~ ! l:i ~ ~ z ~ Ci ~ !;! ~ "i" \ / \ !---- ~ , J V R = 65.001 !::::. = 890 591 ~9" L = 102,101 COREY WAY +- ... ~ t ... I fl I I I I I mill ~ 11/1111111 C?- rt-n---- __n__mmmmmn+_':__ X nnn _:mm______:__j ----'81 123 I I I U t-- r- Im,'y f- ---v V//h I I - nld = I2:lI ~ L ~ '1 V//// '---' !23 ~ [23 I vm/. ~ u l ~ f I] - t I : : 0' -~[ .---.---. ---.---. J ~ ~ ~ri i ~J . , . I : I . I 0: : I EXISTING ELECTRICAL TRANSFORMER TO BE SCREENED ~ ~ ~ ~ ~ +- / / ' / / -/// // /)//. // ///? ~~. / / // / / ,/ ~:// / ,///l/ /' '/~/>~X~~N~.' /~/~~q///~~:~~j / / / / / / f -",---"-~ ~_L_.-L--_L----~::---< -- CD :LA~TI~~ PLA~o' Iit..-- I SCALE: l' " 20'-0" ~ ~~ '11'11 XAEFB; 0 .);\Joba\205171\OWG\P!.ANNING-lJ6X.lB01; [] J;\Job!l\206171\OWG\PLANNING-PROJt:CT-DlRECTORY; Il J\Jobs\20SU1\OWG\U6X6PD1: Il UBxSPCO~ 0 .l'\Jobs\205m\DWG\U6XFlDla; [J J.'\Joba\20ST71\DWG\U611FLD2a, rl UBXGOOl R = 1000.001 !::::. - 12" 48' sAil ~$ L. 223.67' /~~:":;:"" - ---.<Jt1 /'~ ~~ v/~~ _ ,'Jii.y<o..:t-'../ :~t<O~~/~ /~. /: v '\..11', . v .H)VL..-PJ~ <.",':~~~ ' . .'~" .' . - .,\\Jl+)j 1\-tlJ,.u-JL~Y~7 "'-1-/ ./"'i' ; .~ ,-l) ~L/ '-7 "'-J '-../ "..".!~t"'\'" !~~'.'" !f!;'f" . t ~ - -"=' - - t - YJSTIN~REMAININGPLA:~.T~:':::.~UN.~:;:~O~3::;~ -.:::\." ...... 5170:;21 00" E ~02,~11 ~~'rr~ 11"1 yrt?l~r~jTrjl";r;7 rrrl-~Ti ;<ii;i ( -~ ~ ~r ~ ~ 'l///J ( ) r:hCL ~ \J ~b)- :r: <'"> * \11 + ,/"1 ~ ~ ~ f :~f.4- ~ ~ ~v---@ !~ -t'r~ :J r 1\ ~ ~:~ ~~~~<~ ( < S2 .rt- 5 f I ,}\lrllllll: <~1 II ". b q~ ~ ~ /' ~&I S1 ~ -- " D< ~''L . ~~I~I::, v It ~1 S2 G1 T1 .^ 2 9 - 2 +- JdN ~~, ~r:1~~~3* ~~*~~ ~ /~*~r~+J~ - ~./ \....l/ '-J '-~20~O:w '-L/ '-J ~;! - - - - --BIQ.SWALE ---------, I I I ! I I I I I I I I I I I _________J !~r) ~~:,~:~ LI\ L _ ~_V.L + '".J.. '-LX-'- PLANT LIST: KEY I BOTANICAL NAME TREES T1 TRISTANIA LAURINA ..1I/t:~r'J:~'~ ~.~ ,'rf,~f(: ,i' <;~ "d ~ ~~:,> ~:~~. ISTING TREES / SHRUBS - TYP ~J) 0> \0 \0' ~ REMARKS STANDARD SHRUBS 81 PHORMIUM T. 'MAORI QUEEN' HYBRID FLAX 6 5 GAL S2 AGAPANTHUS 'RANCHO WHITE' III Y-OF-THE-NILE 67 1 GAL S3 RHAPHIOlEPIS U. 'MINOR' N.C.N. 81 5 GAL S4 PITTOSPORUM T. 'VARIEGATA' VARIEGATED TOBIRA 10 5 GAL GROUND COVERS G1 COTONEASTER D. 'lOWFAST' BEARBERRY COTONEASTER - 1 GAL 24"O.C. G2 GAZANIA 'MITSUWA YELlWHITE MIX' HYBRID GAZANIA - FLATS 12"O.C. ~~:) ~:':> f:'.j.... ~~':~ ~~:') ~f:; ~ o o o o o co CJ) " I'~ S3 ./ ~ ....::..J COMMON NAME I QTY. I SIZE N.C.N. 29 24"BOX (oj "'J~ "v "v PLANT NOTES: 1. THE CONTRACTOR SHALL VERIFY PLANT QUANTmES FROM THE PLANTING PLAN. QUANTITIES SHOWN IN THE LEGEND ARE FOR CONVENIENCE ONLY. 2. NOTIFY THE LANDSCAPE ARCHITECT IMMEDIATELY IN THE EVENT OF ANY DISCREPANCIES BETWEEN ACTUAl SITE CONDITIONS AND THE PLANTING PLAN. 3. PLANT GROUNDCOVER IN SHRUB AREAS AS NOTED; USE TRIANGULAR SPACING. ~ INDICATES PLANT KEY \JiJ-..-. INDICATES PLANT QUANTITY 5. SEE DETAIL AND SPECIFICATION SHEETS FOR ADDITIONAL INFORMATION. 6. THERE WILL BE NO MATERiALS OR PlANT MATERIALS SUBSTITUTIONS WITHOUT APPROVAL OF THE OWNER OR THE lANDSCAPE ARCHITECT. 7. ALL SLOPES PLANTED WITH LAWN NOT TO EXCEED A 3;1 SLOPE ALL SLOPES PLANTED WITH GROUND COVER NOT TO EXCEED A 2:1 SLOPE. B. PROVIDE POSITIVE DRAINAGE AWAY FROM ALL BUILDINGS 12% MINI 9. IN THE EVENT OF ANY DISCREPANCIES BETWEEN THIS PLAN AND ACTUAL SITE CONDITIONS, THE LANDSCAPE ARCHITECT IS TO BE NOTIFIED IMMEDIATELY. 10. ENTIRE SITE IS TO BE ROUGH GRADED BY THE GRADING CONTRACTOR TO WITHIN 1/10 FOOT OF FINISH GRADE. LANDSCAPE CONTRACTOR IS TO FINE GRADE ALL LANDSCAPE AREAS 11. ALL SiTE UTILITIES ARE TO BE PROTECED DURING CONSTUCTION.IN THE EVENT OF CDNFUCT BETWEEN THE PLANS AND UTIUTlES THE CONTRACTOR SHAU NOTIFY THE LANDSCAPE ARCHITECT. ANY DAMAGE TO UTILITIES, STRUCTURES, OR OTHER FEATURES TO REMAIN, AND CAUSED BY THE LANOSCAPE CONTRACTOR SHAlL BE REPLACED OR REPAIRED BY THE CONTRACTOR AT NO EXPENSE TO THE OWNER. 12. THE WORK IN THESE DRAWINGS AND SPECIFICATIONS MAY RUN CONCURRENTLY WITH WORK BY OTHERS. THE lANDSCAPE CONTRACTOR SHALL COORDINATE HIS WORK WITH OTHER CDNRACTORS. 13. REFER TO CIVIL ENGINEER PLAN FOR OVERALL SITE GRAOINGAND DRAINAGE. 14. SOD LAWN SHALL BE DWARF FESCUE BLEND. 15. PROIR TO ANY DIGGING, CALL UNDERGROUND SERVICE ALERT 1.800.6422444. I PROjECT DIRECTORY OWNER: 333 COREY WAY. LLC 2335 WEXFORD AVE. SOUTH SAN FRANCISCO. CA 94080 TEL: (415) 703-9494 CONTACT: TOM PERKINS TENANT: DUDLEY PERKINS HARLEY DAVIDSON 333 COREY WAY SOUTH SAN FRANCISCO, CA 94080 TEL; (415) 703-9494 CONTACT; TOM PERKINS ARCHITECT; VITAE ARCHITECTURE PLANNING INTERIORS 640 2ND STREET, 2/F SAN FRANCISCO, CA 94107 TEL; (415) 356-6400 FAX: (415) 356-640 I CONTACT: PAUL HOCKEll', AlA GENERAL CODY / BROCK, INC CONTRACTOR: 967 CENTER STREET SAN CARLOS, CA 94070 TEL; (650) 591-0757 FAX: (650) 591-0756 CONTACT: RICH CODY DUDLEY PERKINS HARLEY DAVIDSON USE PERM IT SUBMITTAL 333 CORP{ WAY SOUTH SAN FRANCISCO, CA JOB NO. ?JH PLANTING PLAN 1.02 -~' e~~ ~~"I "52 S $ ~~P',JS -~~~~ .~=.~~-~ ! .. . ,.~~~- HA ~ _ ...:;-/$17"32'00"[ '-.. ",-- S~:::::::::-:-::-_2::::--=_;,'1 <.~, A= 12'48'55 _::..--- "7 779 '''CONC J~ ~ >s. --~ ~f'-~-~ _ ~'_----_ -;;~--~._~'~~~_=~~:~-=.~~~~ ~ _~O~'~-=- // BAlLARD 'f.^ C:-RO~ANE.~NK \~~-- , I oF a~~~,. . -----. '.'"1"',,-. -',.,..... ///' , / ,IJ; ,. BALlARDS~, ) "" ~/ "~..'-............../-) / I ').l sa7 ,.) I 1 GRAVfl \' I !: ..---/ / / I -I- ....6.59 r--- // ) / \ .(,.99 I ! I~ )//5 i / I ............ "'" /;1- / f "'" \ /0/ /! '" /.~""/ !) .! l/': I !~\~w Jet , . Iliff / / / 'I /' i / 111:/ / ;' ./ 6?;It / ! " ; 1'l/5ob / i!J!( / i f", i " J-- ! 5 -;.. - SLOUGH 5 :..,f ?/J ---.-.-.... I ~ l ~ -::J .~ B.I? .... '~u' s ,,;; $ ~ LOT 8 t:.~~: AW~E~r SQ.FT.:!: Ir--~ --~..........,',.. , ......... t ~ f~ '" ~ /i' . ,;- J.L,,' :" :~~I , i is '1'" ~ ~ v 8'" "", ~ - fES 'b~O " ! "'~ " ,,' ::; ", LOADfNG DOCK I.OADING DOCK ,,~:r . \\:~1 ....-.y i \ \ ,- ,('" ~VAULT BAlLARDS ! c.? Z 9 5 CD c.? Z i= Vl 15 ~ 10_25 \ '-. k ~o . 'r I I I ! , DROF INLET{ ~? ,\J' \. / i EXISllNG BUILDING ~ '0 ~ 10.55 -,. J I .t "'0 ~/i IfJI Ale \ \ I " '" I ~'" 'j I A/C ~ ~, I } ..............---- /~ ,/{;/ I -- 15;;--- --- ,;/ , -'- '/ i'll' I I A/C CURS __________A~"__ - '''~ / .' .' U ,,' /1/...'1' ____________-.--- 2-~:..J/ I ,'1- /- J<8s"" ~~ ) q./ 1;!.:Jh1 ~<bl 269.61' II >J 1038 f I o ('\ ':::;J S:!i iO~ ~+ ~ 10.99 ~<>\ A/C R = 65.00' A = 89'59'39" L = 102.10' ~ ~ ~ RllJ-lO.54 _;; INV. ELE'V.c4.19 ~ ,(" -$- : "'''',..., _ _ _ _ _ _ _ ;~~:~.:8~~.;;1 ~ ~ ~~_"::. COREY WAY (60' R~~::y---,oH"---- .-." .or\\'f_------~OH\II - ~~...s~~=3.4a + J,,4J ,'" ,'" .;.r{;;::..t? ::>.';" "-tile' . \" N20'30'00"W '~~J ..;.. 1'.24 :::~ -------.~ ----.............. ~ r EXISllNG BUILDING .....-.. CD EXI~~IN~ GRAD:~G PLAN IJI.. I SCALE: 1" . 20'-0" XAEFS: II ..1\Job$\2:QS1mDWG\PlANNlNG-UaxTa01; [J J:\Jcbs\205171\OWG\PL4.NNlNG-PAOJECT-OJRECTOAY /,,7.28 / / / / / 4 4';.'- / # 4<S' //.,"'..., / / OWNER: 333 COREY WAY, LLC 233S WEXFORD AVE. '-SOUTH SAN FRANCISCO, CA 94080 TEL: (4IS) 703-9494 CONTACT: TOM PERKINS TENANT: DUDLEY PERKINS HARLEY DAVIDSON 333 COREY WAY SOUTH SAN FRANCISCO, CA 94080 TEL: (415) 703-9494 CONTACT: TOM PERKINS ARCHrrECT: VITAE ARCHITECTURE PLANNING INTERIORS 640 2ND STREET, 2JF 5AN FRANCISCO, CA 94107 TEL: (415) 356-6400 FAX: (415) 356-6401 CONTACT: PAUL HOCKETT, AlA GEI\jERAL CODY I BROCK, INC COi'JTRACTOR: 967 CENTER STREET SAN CARLOS, CA 94070 TEL: (650) 591-0757 FAX: (650) 591-0756 CONTACT: RICH CODY DUDLEY PERKINS HARLEY DAVIDSON USE PERMIT SUBMITTAL 333 COREY WAY SOUTH SAN FRANCISCO, CA JOBI'JO EXISTING GRADING PLAN 1.03 SLOUGH "& $ -~" ~.~~ -~f), c- ,,' .'??;,- ". Os e j i w i:': :> ~ ~ i Cl ~ 0; ~ E ~ ~ ~ - 1,1J 7-' . ~ .,~ $ $ ~ ~.9;'-- B.\7 .... o' "1-.. -'I -~~. ~a --_.._'~'e~~i~~-S;:,-'---'-"----,_ ~_6'25,", -~ ' - ,___~._._;;-Th_ -. - ----r---qr " " "- "" j ..j '~ /-\ ') ! 887:-- )1 GRAVEL \ ~ -l _~~/ /' I ,8 59(.------- ,/ / ~ ~,gg- ~ .f ~ "\ .~~ , . ~" /,,/;:,),, "''i' " 890 d,/' ""x"-/' ~;f'6'8 j\. III;>: ! \\'wf{f! j0 [ /111;;1;; 0 I J'I /# / / @!;~1 / /.," / 'fIl/5oh l!/f /. /7.28 ~OO' j ) / / /4>0<':."- '" ~ o ,\ 'd 4" ~ RIM= 10,54 INV. ELEV...4.19 .A!.C ff .,. t --~- . 10.36 $~ @ MON. 80;( l!!!:t ElEV.: 10,7B' ~ ....--- COREY WAY. (60' R/W) ___O"W~___'OI""-- __OHVI---- SSt.lH .___OI-tW-----.- m~.'=~~E~~-J.4a & LEGEND PROPERTY LINE, EXISTING CONTOUR. // /////.7//// / // / // //~/ / )~//jBUI NY/' / //// / / // / ,/ ///' / / / / / / // /' / / / / lOT 7 NEW GRADING, INI STORM DRAIN LINE, 8 ~ ~ E? ~ 0; ~ C'i ~ 6 z ~ G I !i)! 7 (c ~~-'~ rr< '-,-~- f 1 ~~S',.,~<~"J:> PLUGGED >It] INI AREA DRAIN WITH OIL SEPARATOR. '" 1) lEI AREA DRAIN TO REMAIN, PATH Of WATER. t1' oPROPOSED GRADING PLAN \.V 10' 20' 40' IJI.. I SCALE: I" = 20'-0" ,.6 lEI AREA DRAlN TO BE REMOVED. ---x- IN} PERIMETER fENCE. INI GATES, [!] lEI TRANSfORMER, XRfF5; 0 U6XSPQt [] U6XSPC01; D J\Job$\2Q5l1T1DWG\U6XFlO1e; II J:\Joba\205171\DWG\U6xR..02n; II UliXGOOt: {J J:.\Jobs\205'f7t\DWG\PLANNING-UaxTB01; [] J:\Jobs\2D5171\DWG\PLANNlNG-PAo.ECT.DlRECTORY OWNER: 333 COREY WAY, LLC 2335 WEXFORD AVE. SOUTH SAN FRANCISCO, CA 94080 TEL: (415) 703-9494 CONTACT: TOM PERKINS TENANT: ~3~D~&:?~~~ HARLEY DAVIDSON ~OUTH SAN FRANCISCO, CA 94080 1 EL: (415) 703-9494 CONTACT: TOM PERKINS ARCHITECT: ~~1t2EN'6R~~~~~~i/rE PLANNING INTERIORS SAN FRANCISCO. CA 94107 TEL: (415) 356-6400 FAX: (415) 356-640 I CONTACT: PAUL HOCKffi, AlA GENERAL CODY J BROCK, II-.JC CONTRACTOR: 967 CENTER STREIT SAN CARLOS, CA 94070 TEL: (650) 591-0757 FAX: (650) 591-0756 CONTACT: RICH CODY DUDLEY PERKINS HARLEY DAVIDSON USE PERMIT SUBMITTAL 333 COREY WAY SOUTH SAN FRANCISCO, CA PROPOSED GRADING PLAN 1.04 0)-- ~\ I ! i'!: 5> ~ t ~ ~ o >-;- fr cii ~ ~ ~ '" o ~ ~ e. ~ $ ~ ::> ~ Z ~ ~ ~ ~ 0- I I - - -'-==0=- - --- I , , I I ------1------ I I , , I I I' I , . ' , I , I I : I i II --T---Tu----- I I -j--- -1- I , , - - re~~':;-NG STAIR- - r -- - - -- TO Be FILLeD i WITH CONCReTe i I UP I I ------ - '----- --- ~t~~~~~r--?;:,-;~;,-~-----~ - --- 11- - - --- :{----:~ H*~~+ - -- T ----- eXISTING WIND~~ I - -w. - --1 _ I-T~ R.eMoveD_ _ ___ I ___ . I I , I I , I , I .J __..____ I I I i-------- , I XAEF6: a .hJoba\20517I\OWG\PLANNING.U6XTEOl; n J.\Jobs\205tmOWG\PWLN1NIJ..PROJECT..oIAECTORY; [I J.\Jobs\2OSm\DWG\U6XFLOla; [] U5XGOOl \I e e e Ii I , I ------t-~--------: , , I I , I STORAGE ------- L------- , I I I WASHING AREA I , I ,_LDL' i -- -~ ~ANITQR CLOSET f9 SF I L__ I I I I I , i I I , I -- ---- - ---1---+ -- - ----'--0-- I I -1------- --1--1--- I I , , I I , , I I I I STORAGE ---'---'---r- I I I I , ORTION OF eXISTING WALL TO Be ReMoveD i 6go~cg~~~~gm New ; XISTING STAIR TO BE , RePLACEO WITH New DL - -- ~- -='t dEX1T EXISTING DOOR!. VENT TO Be REMoveD eXISTING CONCReTe PAD WITH BRICK TO ReMAIN CD ~XIS:IN~ FLOO: PLAN - 1ST FLOOR 't/.. I SCALe: 1/8' = 1'-0" . e- --- f XISTING DOOR !. veNT TO lie ReMoveD OWNER: 333 COREY WAY, LLC 233S WEXFORD AVE. SOUTH SAN FRANCISCO, CA 94080 TEL: (4IS) 703-9494 CONTACT: TOM PERKINS TENANT: DUDLEY PERKINS HARLEY DAVIDSON 333 COREY WAY SOUTH SAN FRANCISCO, CA 94080 TEL: (415) 703-9494 CONTACT: TOM PERKINS ARCHITECT: VITAE ARCHITECTURE PLANNING INTERIORS 640 2ND STREET, 2/F SAN FRANCISCO, CA 94107 TEL: (415) 356-6400 FAX: (415) 356-640 I CONTACT: PAUL HOCKETT, AlA GENERAL CODY / BROCK, INC CONTRACTOR: 967 CENTER STREET SAN CARLOS, CA 94070 TEL: (650) 591-0757 FAX: (650) 591-0756 CONTACT: RICH CODY DUDLEY PERKINS HARLEY DAVIDSON USE PERMIT SUBMITTAL 333 COREY WAY SOUTH SAN FRANCISCO, CA JOB NO PJH EXISTING FLOOR PLAN: 1ST FLOOR .00 (8)~r (!)----- 0- 0----- <;' ~ 8---- 0- __u @----- 0- u___ @----- 8- A C? 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J'i J' :~ IRW __:: OFFICE :: ' ~ VEST.:: : vv\V \1./ \ ---- ---- II I ~. : : II ==== ==== ! : ~:11 ..: -LJ LL.. " II , W LOCKER " W l: l! ~~ rf~ I WAREHOUSE -1---- EXISTING GLAZING SYSTEM TO eE REMOVED XAEFS: 0 J\Jobs\205t7l\DWG\PlANNlNG-U6.XTBOt 0 J\Job.s\205171\DWG\PLANNlNG-PAOJECT-OIRECTORYj 0 .t\Jobs\205171\DWG\U6XR.Ola; D U6XGDD~ 0 J\Jobo\205171\DWG\Ut1llfl.02a; n U6XGD02 ~ Ii t-' -i-11---- -- ------- I j'i i l I II I, " :1 II I, I, II II I, 'I " I, 'I I, I, II " II II II II 'I --:t---- I, 'I 'I II 'I II II ~'\ :: " ~l-::-::-::-::-::-::~t~.:;:[i -~(,~ Cf I , I ~- I I cp C0 I I r----1 t I :, v'_"() ,,~\ I L__~_~~J STORAGE C(?; --~~-~- [ ) .- .: '-;"..,,~n___ t~ (;!~ f'#'-\ ~ _::_::--6~J~- :t~~{ 1 --------1-------L------- I I WAREHOUSi XISTING ROLL-UP DOOR TO BE REPLACED I I -- -- - --.--- I- I I , I CD EXISTING FLOOR PLAN - 2ND FLOOR o 4' 8' 16' IJI. I SCALE: 1 8" . 1'-()1' OWNE~ 333 COREY WAY, LLC 2335 WEXFORD AVE. SOUTH SAN FRANCISCO, CA 94080 TEL: (415) 703-9494 CONTACT: TOM PERKINS TENANT: DUDLEY PERKINS HARLEY DAVIDSON 333 COREY WAY SOUTH SAN FRANCISCO, CA 94080 TEL: (415) 703-9494 CO NT ACT: TOM PERKINS ARCHITECT: vrr AE ARCHITECTURE PLANNING INTERIORS 640 2ND STREET, 2/F SAN FRANCISCO, CA 94107 TEL; (415) 356-6400 FAX: (415) 356-640 I CONTACT: PAUL HOCKETT, AlA GENERAL CODY I BROCK, INC CONTRACTO~ 967 CENTER STREET SAN CARLOS, CA 94070 TEL; (650) 591-0757 FAX: (650) 591-0756 CONTACT: RICH CODY DUDLEY PERKINS HARLEY DAVIDSON USE PERMIT SUBMITTAL 333 COREY WAY SOUTH SAN FRANCISCO, CA EXISTING FLOOR PLAN: 2ND FLOOR .0 I CD @_J ~\ @ 0-- @-- 0---- @--- @---- @---- I!! 11 J!l ! ~ :> Q: ~ i ~ cii ~ E ~ ~ ~ @----- '" ~ ~ ~ t N ~ :J <9 z z ~ G i ~ @ (OJ (a:5) (oJ c.. (oj (E) E.2 (F) (f.6) (oj 0 (J) @ @ (K) ~ (K8) CD (G) @ ~ 0 I Y ! Y Y Y Y Y Y -.,..,,,,,.1 T! I Y 1- Y 1 T 1-----i f:~------- jn _n~------l--- -----~-lt- ----------~-f --- -----f-------+- -1- ------------- ____I__nnn~*__j-------- ----l-fmn_j--j --(---- ---,,; I I I --- ~----- - I 1 1 I --t-- I i i ~-~ 1 i I I I I I I I I I I I I I @-.---1-- I .1 I 'I l~-L~::-O-F-~~~- CANOPY ABOV I I I I I ---+------ I --t--- I i --------1-- i e-j , REAPIR SERVICE A~EA "'-1-- ---~r~F-.--1 i------ I : :--L"~F~'rrrF _:J____~~l----l---:::]~j-.--- -~ I I I I I J I r I t I I 1 I I 1 1 I I I I -- --------1-------1-----1 I I -1-------1---- I , 1 1 I I I EMPLOYEE ENT~Y ! 1 ---r------t I ---r--- I I -l------ BIKE WASH SERVICE AREA 5214 SF : I - - - ---- +--~ --- I 1 I I I -e - NEW PCASTERED - r - METAL FRAME _eIl.AS..TEL-.. _ _I_ I 1 I I I ----j-(--- 1 I I , n I I -1--1- I 1----- 1 STORAGE_j 3823 SF ___L..-_ I I I . I ----- ENTRY GALL~RY 960 SF I I 1 ------ ~- NEW ELECTRICAL RM 48 SF I I REPLACE EXlbTlNG DOOR WITH OBSCURE GLAZING STOREFRONT DOOR I REPLACE EXISTING DOOR I WITH OBSCURE GLAZING STOREFRONT DOOR NEW PLASTERED WALL ON EXISTING CONCRETE PAD CD ~RO~O~~D FL~~R PLAN - 1ST FLOOR lJIlIIIIIIII I SCALE: 1 S' = 1'-0' XREFS: 0 J;\Joba\ZOS171\OWG\PLANNING-U6XTB01; 0 .k\Jobs\2(lSf7l\OWG\PLANNlNG-PAOJECT.DIRECTOAY; 0 .t\Jobs\2D5f71\DWG'lU6XFlO1a: 0 U6XGDOl LINE OF EXISTING , PARAPET ABOVE EFER AtO! ON NEW RAMP AND STAIR fI LOADING DOCK AREA EW WINDOW TO REPLACE DEMO OPENING : EW LOCATION OF _____ _ __ _ _ _:__EXIs'TING ROOF ACCESS , LADDER IFINAL LOCATION TO BE DETERMINEDI EXIT--l ! r-' --I ----- - I I I ____J ~ t~EW STAIR AS SHOWN ON SITE PLAN III III , EW STAIR WITH , HANDRAILS , BOTH SIDES ~ GUARDRAIL . !-'l~EN.J\IDE . DL EW ROLL-UP DOOR XISTlNG DOOR & VENT OPENING TO BE INFILL AFTER REMOVAL OF DOOR ~ VENT IFINISH: MATCH EXISTING) OWNER: 333 COREY WAY, LLC 2335 WEXFORD AVE_ SOUTH SAN FRAi'JCISCO, CA 94080 TEL: (415) 703-9494 CONTACT: TOM PERKINS TENANT: DUDLEY PERKINS HARLEY DAVIDSON 333 COREY WAY SOUTH SAN FRANCISCO, CA 94080 TEL: (415) 703-9494 CONTACT: TOM PERKINS ARCHITECT: VITAE ARCHITECTURE PLANNING INTERIORS 640 2ND STREET, 2/F SAN FRANCISCO, CA 94107 TEL: (4IS) 356-6400 FAX: (415) 356-640 I CONTACT: PAUL HOCKEIT, AlA GENERAL CODY / BROCK, INC COI"TRACTOR: 967 CENTER STREET SAN CARLOS, CA 94070 TEL: (650) 591-0757 FAX: (650) 591-0756 CONTACT: RICH CODY DUDLEY PERKINS HARLEY DAVIDSON USE PERMIT SUBMITTAL 333 COREY WAY SOUTH SAN FRANCISCO, CA JOB NO PIH PROPOSED FLOOR PLAN: I ST FLOOR .02 @-r I &-1 &----- -- &- 0-~---- 0-- @-- @-- @--- 0)--- ~ I I T- I I I I -1--- I I I I -1------- - cp cp I I I I I I I I ----~-- I 1 I I C? C? I I -t------~----- I I I I - _n --1---- ---- I I I I -----1--- I I I I I I I I I I I I I --c-t--- I I I I I I I I SHOW ROOM 7988 SF ---~------ I I I -----j I --1------ I I I I I -- ----- i -- ------- I NEW WINS WALL I I NEW CANOPY ~ I I PAINTED METAL EDSE , 1~~iJi'gD ~~tbTH I PLASTER FINISH II B,o,1 I CANOPY, OPTION: I I METAL PANELI I I I I I I I I i------ I , I I I I I i ------- XAEF5: 0 J:\JobIl\205171\DWG\PlANNING-lJ6XTBOt tl J:\Jabll\205T11\DWG\PLANNING-PRO.ECT -DIRECTORY; [] J\Jobi\20517T\OWG\U6XFL01a; 0 U5XGOO1: II J:\Job5\205m\OWG\U6xFL02a; II lJ6J(GD02 I , -1------1----- 1 I I I I I ----------1- , I 1 I I I I I I CLOSElT 50 SF ' OFFICE I 434 SF I 1 I I I I NEW ENTR'r SLAZINS SYSTEM I o I I , I , __________J I I I C? 'n'-".' "'AN"'~ Cf C? EXISTING ROO~ AREA I I -----t--------t--- I I I I , I I I I FITTING RM 'I 47 SF STORAGE 684 SF NElWdRK 46 SF I OFACd 524 SF, I 1 I 1 1 I I ? I ---t----- I I I I 1 MERCHANDISING AREt' 1'127 SF I 1 I -1---- I I I I 1 I I I 1 -1-- ---- 1 I 1 -- -1- - --- ----- I 1 I i------- I r--- -- I I I --------- I I I j--------- I RESTRO 437 ~F I AREA STORAGE 1591 SF cp o o + I --~-------- I I I I i FINAL LOCATION OF OOF ACCESS TO BE , DETERMINED EXIT OFFICE 268 SF I --i-- I I ---1----- I I I I I 1 I OFFICE 128 SF CONF RM 264 SF I I I I I I I I I CD :RO:O~~D FL~~R PLAN - 2ND FLOOR lJI.. I OWNER: 333 COREY WAY, LLC 2335 WEXFORD AVE. SOUTH SAN FRANCISCO, CA 94080 TEL: (415) 703-9494 CONTACT: TOM PERKINS TENANT: DUDLEY PERKINS HARLEY DAVIDSON 333 COREY WAY 50UTH SAN FRANCISCO, CA 94080 TEL: (415) 703-9494 CONTACT: TOM PERKINS ARCHITECT: VITAE ARCHITECTURE PLANI\lING INTERIORS 640 2ND STREET, 2/F SAN FRANCISCO, CA 94107 TEL: (415) 356-6400 FAX: (415) 356-6401 CONTACT: PAUL HOCKETI, AlA GENERAL CODY I BROCK, INC CONTRACTOR: 967 CENTER STREET SAN CARLOS, CA 94070 TEL: (650) 591-0757 FAX: (650) 591-0756 CONTACT: RICH CODY DUDLEY PERKINS HARLEY DAVIDSON USE PERMIT SUBMITTAL 333 CORff WAY SOUTH SAN FRANCISCO, CA JoaNO. ~H PROPOSED FLOOR PLAN: 2ND FLOOR .03 ~ cp cp cp CD C? 0 C? 9 C? CD cp I I I I I I I I I -$ifpf~APET -- I I ------, EXISTING DOOR, VENT TO BE REMOVED AND FILL OPENING ~ 117] IFINSIH: MATCH EXlSTINGI ~~H FLooR-::-rrF EXISTING DOOR TO BE REMOVED !. REPLACED WITH NEW EXISTING STAIR, HANDRAIL !. GUARDRAIL TO BE REMOVED ~rsH FLOOR - 1/F ~"- PAl CD 0 cp CD cp ~ cp cp 0 WEST ELEVATION DUDLEY PERKINS I I I HARLEY DAVIDSON I I I I I I I I USE PERMIT I 1 1 I I 1 1 I SUBMITTAL ~pf~APET -- EXISTING STOREFRONT AREA OF WORK SYSTEM TO BE REMOVED AND SHOWN SHADED 333 COREY WAY REPLACED WITH NEW SOUTH SAN FRANCISCO, CA - U.O.N. ~7t1 SHFlJibR -::-rrF EXISTING STOREFRONT CD EXISTING ELEVATION SYSTEM TO BE REMOVED AND 0 4' e' 16' FILL OPENING II. I IFINISH : MATCH EXISTING) ~?~H FLoOR-:ui" SCALE: 11 e" . 11-0" EXISTING STAIR, HANDRAIL 0 !. GUARDRAIL TO BE REMOVED NORTH ELEVATION Y cp 0 cp y cp ~ 0 cp cp PORTION OF lEI w I I I I I I I I I TO BE REMOVED I I I I I I I ~e" ARAI5Ei' -- . EXISTING STAIR !. KEYPLAN EXTERIOR WALKWAY JOB NO. TO BE REMOVED EXISTING ROOF ACCESS V STAIR TO BE REMOVED AND RELOCATED ~711 SI-Ir'COOJi -=-rtF EXISTING DOOR TO BE REMOVED EXlSTING HANDRAI $ 0 USE PERMIT SUBMITTAL !. GUARDRAIL TO BE REMOVED I'! ~~Fi:OOR -:ui" .iJ .!!l ~ ~':.- IF w AC PAVI ~ ~ EAST ELEV A liON :> , ~ cp CD ~ 8 Y cp 0 ~ g: ~ ~ I I I Cl EXISTING ROLL-UP ~ DOOR TO BE REMOVED I I I I I I gi I I I I I I I .a E ~8' OWNER: 333 COREY WAY, LLC EXISTING ~ 'ARAPET -- 2335 WEXFORD AVE EXISTING STAIR !. SOUTH SAN FRANCISCO, CA 94080 ELEVATION ~ EXTERIOR WAL~AY TEL: (41 S) 703-9494 TO BE REMOVED CONTACT: TOM PERKINS ~ TENANT: DUDLEY PERKINS HARLEY DAVIDSON 333 COREY WAY SOUTH SAN FRANCISCO, CA 94080 of ~~rfl"l])OR -::-rrF TEL: (415) 703-9494 $ CONTACT: TOM PERKINS t REMOVE lEI METAL DOOR ARCHITECT: VITAE ARCHITECTURE PLANNING INTERIORS .00 ~ METAL IN FILL !. PORTION 640 2ND STREET, 21F OF EXISTING WALL TO SAN FRANCISCO, CA 94 107 ~ ACCOMMODATE EXISTING HANDRAIL TEL: (415) 356-6400 6 NEW METAL DOOR & GUARDRAIL TO FAX: (415) 356-6401 z BE REMOVED CO NT ACT: PAUL HOCKETT, AlA Z z ~?~HFi:OOR -:ui" GENERAL CODY I BROCK, INC ~ CONTRACTOR: 967 CENTER STREET Ci ~"-VIF 0 SAN CARLOS, CA 94070 I P'"A\TlFIG -- WEST ELEVATION TEL: (650) 591-0757 FAX: (650) 591-0756 CONTACT: RICH CODY ~ XREFS: D J:\Jcb$\205t71\DWG\PlANNJN&U6XTB01; 0 J;\Jobs\20S171\OWG\PlANNlNG-PAOJECT.D1RECTORY; [J .!\Jobs\2061n\OWG\U6XEEQ'l N~ W~L ~ fP cp cp 7 cp (0 C0 ~ MOUNTED SIGNAG NEW EXTERIOR I I NEW PAINTED NEW DOOR WI LIGHTING METAL CANOPY OBSCURE GLAZING FIXTURE . T'fP , BREAK FOR fCOLOR CI ' , , , , , , , I RAINWATER I I I I I I I NEW WING WALL I DRAINAGE & PARAPET COLOR B COLOR A ~ r- NEW LOCATION ~ m TRASH AREA ~8" ~.lfWING-wm:- ~PARAPET-- NEW METAL ADDRESS SIGNAGE ~~HFCOOR -=2iF NEW CEMENT PLASTER RETAINING WALL NEW WALL MOUNTED METAL SIGNAGE o WEST ELEVATION cp cp cp CD I , , , , ~.8U I I I COLOR B I r2~I.lfWING-wm:- ~PARAPEf -- 8 I , I CD I , I cp , I ~~H FLOOR-=2iF ~~R-=l7F ~0~:.....'l!.E.._ '!'AC-PAVING o NORTH ELEVATION ~ ~ ~ <( w ~ :> !d: ~ 3F 8 Ch ~ &: g; .g ~ ~ .., o o ~ ~ CD :RO~O~~D EL~~A TION IJII!l1l11 I SCALE: 1/S" = 1'.0" AREA OF WORK SHOWN SHADED - UO.N. LEGEND - ELEVATION . QAD I THIN BRICK-SET VENEER (OPTION: NEW PAINT IN LIEU OF BRICK - COLOR D) NEW EXTERIOR LIGHTING FIXTURES NEW 10' HIGH METAL SLIDING GATE & FENCE - COLOR C $ 1b ~ f ; ~ z z :5 g, C> ;: ~ !:< AREA OF TOTAL PROPOSED SIGNAGE LESS THAN 300 SF PER CITY STANDARD COLOR LEGEND: BRAND: KELLY MOORE COLOR A KM521 - M ALAMEDA COLOR B KM5 14 - M TEMPLE CITY (OPTION: KM509 -M DUPLEX) COLOR C BLACK COLOR D OLD TOWN RED MATCH COLOR OF THE PROPOSED BRICK COREY WAY XAEFS: [J J.\Jobs\205J1t\DWG\PlANNlJllG.U&XTB01: IJ. .!\Jobs\205t11\OWG\PLANNING-PROJECT.OIAECTOAY; U J:\Jo1Ja\205f7l\DWG\ualtEEOla; 0 J;\Jobli\205V1\OWG\PlANNiNGl<KN03 NEW PILASTER - T'fP NEW METAL HANDRAIL & GUARDRAIL fCOLOR CI NEW METAL FRAME WINDOW & ENTRY SYSTEM fFRAME COLOR: BLACK GLAZING: CLEARI NEW METAL ADDRESS SIGNAGE (COLOR C) NEW WALL MOUNTED SIGNAGE fCOLOR CI NEW WALL NEW PAINTED METAL CANOPY fCOLOR CI MOUNTEO. NEW WALL WALL & PARAPET SIGNAGE NEW EXTERIOR LIGHTING FIXTURE - TIP NEW MTL HANDRAIL I GUARDRAIL - TIP NEW RETAINING WALL ICOLOR 01 j KEYPLAN ~ V ~ ~ OWNER: 333 COREY WAY, LLC 2335 WEXFORD AVE. SOUTH SAN FRANCISCO, CA 94080 TEL: (415) 703-9494 CONTACT: TOM PERKINS TENANT: DUDLEY PERKINS HARLEY DAVIDSON 333 COREY WAY SOUTH SAN FRA~,jCISCO, CA 94080 TEL: (415) 703-9494 CONTACT: TOM PERKINS 4 , ARCHITECT: VITAE ARCHITECTURE PLANNING INTERIORS 640 2N D STREET, 2/F SAN FRANCISCO, CA 94107 TEL: (415) 356-6400 FAX: (415) 356-640 I CONTACT: PAUL HOCKffi, AlA GENERAL CODY I BROCK, INC CONTRACTOR: 967 CENTER STREET SA!'l CARLOS, CA 94070 TEL: (650) 591-0757 FAX: (650) 591-0756 CONTACT: RICH CODY DUDLEY PERKINS HARLEY DAVIDSON USE PERMIT SUBMITTAL 333 CORty WAY SOUTH SAN FRANCISCO, CA JOBNa PJH PROPOSED ELEVATIONS .0 I ~8U :.6.RAJ5Fj' -- NEW PLASTERED WALL - COLOR A NEW EXTERIOR WINDOW - T"fP (FRAME a. TYPE: MATCH EXISTING) ~~ffFCOOR 7TiF PROFILE OF NEW STAIR I)E'l'OND NEW PLASTERED WALL - COLOR A ~?~ FLDOR-=17F ~O~~__ 'l'7iCPAVING NEW CONC STAIR WITH METAL HANDRAIL a. GUARDRAIL ~-8U ;'h~l_~~ -$-fefP:.6.RAPET -- ~~Hf[OOR 7TiF ~~Il-=17F ~~~-- I!! tl .!!I E ~ <( ~ :> Q: '[ $ ~ @ .2 E ~ ~ '" o o lij ~ ~ ~ t ~ 3 ~ z: z ~ r5 3: ~ TJ ~ , I I y o I , I cp ~ cp o I , cp cp , I cp cp , I cp . COLOR A COLOR I) NEW I)LOCK WALL (COLOR AI NEW CONCRETE RAMP (COLOR I)} WITH STANDARD STOCK PRESSURE TREATED GUARORAIL POST a. RAIL (NA TURAL TREATED WOOD COLORI WITH PAINTED METAL INTERMEDIATED VERTICAL RAIL (COLOR CI NEW 8LOCK WALL (COLOR AI o WEST ELEVATION ~ cp cp cp cp cp cp , , , , , I I I I COLOR 8 I COLOR A Iii NEW WING WALL a. PARAPET NEW SCREEN WALL o D'l'NO RM NEW RETAINING WALL '" S::! NEW SCREEN WALL , TRASH ENCLOSURE NEW CONC STAIR (COLOR AI WITH METAL HANDRAIL a. GUARDRAIL (COLOR CI NEW EXTERIOR MANDOOR (FINISH MATCH EXISTINGI NEW EXTERIOR WINDOW (FRAME a. TYPE: MATCH EXISTINGl NEW 10' HIGH ROLL-UP DOOR (FINSIH a. PAINT: MATCH EXISTINGI EXISTING ROLL-UP DOOR NEW I)UMPER - TYP NEW EXTERIOR METAL STAIR (COLOR cl NEW CONCRETE RAMP WITH WOOD GUARDRAIL a. VERTICAL METAL INTERMEDIATE RAIL o NORTH ELEVATION CD ~RO:O~~D EL~~ A TION 'if.. I SCALE: 1/8" . 1'-0" AREA OF WORK SHOWN SHADED - U.O.N. LEGEND - ELEVATION KEYPLAN ~ v OWNER: 333 COREY WAY, LLC 2335 WEXFORD AVE. SOUTH 5AN FRANCISCO, CA 94080 TEL: (415) 703-9494 CONTACT: TOM PERKINS TENANT: DUDLEY PERKINS HARLEY DAVIDSON 333 COREY WAY SOUTH SAN FRANCISCO, CA 94080 TEl.: (415) 703-9494 CONTACT: TOM PERKINS THIN BRICK-SET VENEER (OPTION: NEW PAINT IN LIEU OF BRICK - COLOR D) 01,0 I NEW EXTERIOR LIGHTING FIXTURES ~ ~ NEW 10' HIGH METAL SLIDING GATE & FENCE - COLOR C ARCHITECT: VITAE ARCHITECTURE PLANI\jING INTERIORS 640 2ND STREET, 2JF 5AN FRANCISCO, CA 94107 TEl.: (415) 356-6400 FAX: (415) 356-640 I CONTACT: PAUL HOCKETT, AlA GENERAL CODY I BROCK, INC CONTRACTOR: 967 CENTER STREET SAN CARLOS, CA 94070 TEL: (650) 591-0757 FAX: (650) 591-0756 CONTACT; RICH CODY AREA OF TOTAL PROPOSED SIGNAGE LESS THAN 300 SF PER CITY STANDARD COLOR LEGEND: BRAND: KELLY MOORE COLORA KM521 - M ALAMEDA COLOR 8 KM5 14 - M TEMPLE CITY (OPTION: KM509 - M DUPLEX) COLOR C BLACK COLOR D OLD TOWN RED MATCH COLOR OF THE PROPOSED BRICK ~ \ COREY WAY XAErS:. 0 J:\Joba\205171\OWG\PLANNING.U6XTBD1; 0 J;\JutlG\20517l\DWG\PlANNlNG-PROJECT-DlRECTORY; 0 J:\Jobs\205171\OWG\U6xEE01a; 0 J..'Joba\205171\DWG\PlANNINGXKN03 DUDLEY PERKINS HARLEY DAVIDSON USE PERMIT SUBMITTAL 333 COREY WAY SOUTH SAN FRANCISCO, CA JOB NO, PROPOSED ELEVATIONS (CONTINUED) .02 ~ C4l1FOF.:~\.~ "-' c., \A, J J .L '\.. V l-' v I c., DATE: April 20, 2006 TO: Planning Commission SUBJECT: 1. Tentative Subdivision Map allowing thirteen (13) residential condominiums and common area. 2. Density Bonus of nine percent (9%) allowing an additional dwelling unit in accordance with SSFMC Chapter 20.130. 3. Affordable Housing Agreement between the applicant and the City of South San Francisco restricting three (3) of the dwellings as affordable housing units in accordance with SSFMC 20.125. 4. Design Review allowing for the construction a three-story thirteen (13) unit residential condominium building with thirty (30) parking spaces and landscaping, in accordance with SSFMC Chapter 20.85. Address: 90 Oak Avenue (APNs 011-313-070, 080 & 090). Owner & Applicant: Patrick Doherty Case Nos.: P06-0016 (SA06-0001, DR06-0015, MND 01-054) Mitigated Negative Declaration assessing environmental impacts of a new fifteen (15) unit apartment building, previously approved by the City Council on May 26, 2002. RECOMMENDATION: That the Planning Commission should adopt a resolution recommending that the City Council: approve 1) Tentative Subdivision Map allowing thirteen (13) residential condominiums and common area; 2) Density Bonus of nine percent (9%) allowing an additional dwelling unit; 3) Affordable Housing Agreement requiring three (3) dwelling units to be restricted as affordable dwellings; and 4) Design Review allowing for the construction a three-story thirteen (13) unit residential condominium building with thirty parking spaces and landscaping, subject to making the required fmdings and adopting the conditions of approval. BACKGROUND: The original project was approved by the City Council on May 26, 2002. As originally approved Page 2 of 6 be restricted as affordable units. Parking was provided in an at-grade and in a small subterranean garage. The site is adjacent to other dwellings and a religious assembly hall. The project also necessitated a rezoning from Medium Density Residential (R-2) to Multi-Family Residential (R -3) Zoning district to bring it into compliance with the adopted General Plan Land use designation of High Density Residential. A Density Bonus was also included to allow 3 additional dwellings. Proposed 2006 Development The proposed development is essentially the same design as the approved plans. Key changes include the addition of a small meeting room, the reduction from fifteen (15) dwellings to thirteen (13) dwellings and elimination of a small underground garage providing a portion of the required parking spaces associated with the fifteen (15) unit development. The footprint of the building is essentially unchanged. The reduction in dwelling units and the elimination of the garage were necessitated by the placement of the trunk sewer line in the middle of the property. A small meeting room has been provided as an amenity of the future homeowner's association. The project site's General Plan Land Use designation, High Density Residential, allows multi- family development regardless of the form of ownership. The project complies with the General Plan goals and policies. The proposed condominiums are consistent with the Multi-Family Residential (R-3) Zone District. The building complies with current City development standards as reflected in the following table: DEVELOPMENT STANDARDS Site Area: Floor A.-rea: Density: Maximum: Height Maximum: Floor Area Ratio: 0.41 acres [17,815 SF] 29,950 SF 37.5 DulAc Proposed: 31.8 DulAc 50 FT Proposed: 35FT Page 3 of 6 DEVELOPMENT STANDARDS ( Continued) Maximum: No Max Proposed: NA Lot Coverage Maximum: 65% Proposed: 60 % Landscaping: Minimum: 10% Proposed: 10% Automobile Parking Minimum: 30 Proposed: 30 Setbacks Minimum Proposed Front 15 FT 15 FT Side 5 FT 5 FT Rear 11.5 FT 20 FT Notes: The project includes three (3) affordable dwellings units. Maximum Base Density (not including density bonus) is thirty (30) dwelling units per net acre. Density Bonus The maximum base density of the High Density Residential Zoning District (R-3) is thirty (30) dwelling units per net acre. Based on a site area of 0.41 acres [17,815 SF] the maximum base density is twelve (12) dwellings. The applicant is proposing a nine percent (9%) density bonus to provide three (3) affordable dwellings versus 2.4 dwelling units, as required by the SSFMC Chapter 20.125 "Inclusionary Housing Requirements". The proposed density bonus meets both local (SSFMC chapter 20.130) and State requirements (AB 1818) necessitating either a bonus or other fmancial offsets. State law now requires that in order to qualify for a density bonus, residential condominium developers must restrict a minimum of ten percent (10%) of the proposed development as affordable dwellings to persons of moderate income. The local agency is required to consider granting the developer a density bonus of one percent (1 %) for every percentage point above the ten percent (10%) minimum. In this case the developer would be entitled to up to an eighfeen percent (18%) bonus, as the twenty-three percent (23%) affordable dwellings provided as a part of the AHA are thirteen percent (13%) above the threshold. The available density bonus for such developments was previously set at a maximum of ten percent (10%). The new amendments, however, decrease the minimum bonus to five percent (5%), but increase the maximum bonus available to thirty-five (35%). A development, therefore, f'~n rpf'Pl"UP ~ thlrhr_+1-up nprf'pnt (1'\0/,.) rlpncltu hnnllC fnr cptfln(T ~clrlP fnrhr nprf'pnt (Ll.()OIr..\ nfthp> Page 4 of 6 units for moderate income families, whereas a maximum ten percent (10%) bonus was previously available for setting aside twenty percent (20%) of the units. City staff recommends granting the nine percent (9%) density bonus, since the development complies with this provision of State law and the City gains an additional affordable unit. This action will assist the City in meeting its fair share housing allocations. In accordance with local ordinance, SSFMC Chapter 20.130, a density bonus of twenty-five percent (25%) was previously granted in association with the fifteen (15) unit apartment building. A new bonus must be authorized because the development is now to be residential condominiums. The General Plan allows base densities to be increased up to thirty-seven and one-half (37.5) dwelling units per net acre provided that the housing meets City design standards and development requirements specified in the SSFMC. SSFMC Chapter 20.69 was previously amended with the project to allow density bonuses where the City deems it appropriate and consistent with the General Plan. Allowing the density bonus for one more dwelling is consistent with the maximum permitted density under the General Plan. Affordable Housing Agreement The proposed development is obligated to provide twenty percent (20%) of the proposed dwellings as affordable to low and moderate income households or a minimum of (SSFMC 20.125). The base maximum density allowed for the project site would be twelve (12) dwellings. The applicant is proposing to construct thirteen (13) dwellings. The applicant has agreed to restrict three (3) units of the proposed dwellings to fulfill the affordable housing obligation. An Affordable Housing Agreement between the applicant and the City has been prepared and will be sent to the Planning Commission prior to the hearing. The Affordable Housing Agreement complies with the SSFMC requirements including identifying the specific dwelling ul1its. Historic Preservation The project will necessitate the demolition of single family dwelling, which according to City Historic Survey, is identified as a Potential Historic Resource. As provided in SSFMC, demolition of a Potential Historic Structure requires review by the Historic Preservation Commission. The Historic Preservation Commission reviewed the development at their meetings of January 2002 and February 2002. After conferring with the Historical Society, the Commission determined that the building had been significantly altered, was not a Historic "R PC'f'\llrf"'P -::IrlrI th-::lt thP r1h, C'hf'\lllr1 f"'f'\rlC'1r1pr r\"'If'\U1r1lT th,::> C'+r11f"'+llr,::> +f'\ flr<:l11lT'::> P"=lrlr .fnr r'::>l1Cl'::> ~h,::> Page 5 of 6 site. 1~0 offers were made. Therefore, the former condition of approval requiring the owner to make the property available for reuse has been removed. The applicant can demolish the existing structure. TENTATIVE SUBDIVISION MAP A Tentative Subdivision Map is required create thirteen (13) residential condominiums and common area. The Draft Covenants, Conditions and Restrictions, associated with the proposed condominiums, have been favorably reviewed by the City Engineer and the City Attorney. The proposed Tentative Subdivision Map complies with the General Plan and the provisions of SSFMC Titles 19 and 20. No dedications are required. Conditions of approval are recommended to ensure that the Final Subdivision Map substantially conforms to the Tentative Subdivision Map. DESIGN REVIEW BOARD The project was reviewed by the Design Review Board at their meetings of March 21, 2006. At the meeting the Board recommended approval of the plans. ENVIRONMENTAL DOCUMENT A Mitigated Negative Declaration (MND) was previously approved by the City Council on May 26,2002. No public comments were received. In City staffs opinion, the impacts associated with the proposed development are adequately addressed by the previously approved MND. The development has two less dwellings and will consequently have less adverse effects on the surrounding developments and local area. The key impacts are storm water drainage, flooding, relocation of a sewer line, and construction impacts. Mitigation measures were adopted to reduce impacts to a level less than significant. The mitigation measures include, but are not limited to, implementing a storm water pollution prevention plan, elevating the site so that it is not in the flood plain, implementation of the soils report recommendations in the construction plans, and implementing a construction plan to suppress dust and minimize noise. Implementation of the mitigation measures will reduce these impacts a less than a significant level. In accordance with the California Environmental Quality Act, no further consideration of the environmental effects is required by the Planning Commission. CONCLUSION/RECOMMNEDA TION: The subdivision of the site and the construction of a building containing thirteen (13) residential condominiums are consistent with the City's General Plan, with the Zoning and ~nhA:"~,,,,:ro.~ r'1ro.An."" ",~A ",11 n.4-]"n._ ",..,.....J:n.nhln. _..........n:_.....~.....~4-"" ro..f:"4-]"..... r'1:4-..T'"" l\lln~:n:.....nl r'1n.A..... Page 6 of 6 recommending that the City Council approve 1) Tentative Subdivision Map allowing thirteen (13) residential condominiums and common area; 2) Density Bonus of nine percent (90/0) allowing an additional dwelling unit; 3) Affordable Housing Agreement requiring three (3) dwelling units to be restricted as affordable dwellings; and 4) Design Review allowing for the construction a three-story thirteen (13) unit residential condominium building with thirty (30) parking spaces, subject to making the required fmdings and adopting the conditions of approval. Draft Planning Commission Resolution Draft Conditions of Approval Design Review Board Minutes of March 21,2006 Draft Affordable Housing Agreement (will be distributed prior to the Planning Commission hearing and will be available at City Hall) Draft CC&R's Mitigated Negative Declaration (previously adopted on May 26,2006 by the City Council will be available at the Planning Commission meeting and is available at City Hall) Plans PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SOUTH SAN FRANCISCO RECOMMENDING THAT THE SOUTH SAN FRANCISCO CITY COUNCIL APPROVE A TENTATIVE SUBDIVISION MAP, A DENSITY BONUS, AN AFFORDABLE HOUSING AGREEMENT AND A DESIGN REVIEW ON AN 0.41 ACRE SITE LOCATED AT 90 OAK AVENUE. WHEREAS, the South San Francisco Planning Commission held a duly noticed public hearing on April 20, 2006; and WHEREAS, as required by the "Amendment Procedures" (SSFMC Chapter 20.87), and Title 19 (Subdivision Ordinance), the Planning Commission, based on public testimony and the materials submitted to the City of South San Francisco Planning Commission which include, but are not limited to: an Affordable Housing Agreement prepared by the City of South San Francisco; Architectural and Landscape Plans, dated July 20,2005, prepared by Anthony M. Brandi, Architect; Civil Drawings prepared by Brian Kangas Foulk dated February 3,2006; Mitigated Negative Declaration 01-054 previously adopted by the City Council on May 26, 2002; minutes of the Design Review Board meeting of March 21,2006; Planning Commission staff reports; and the April 20, 2006, Planning Commission meeting, makes the following fmdings in support of Tentative Subdivision Map, Density Bonus, and Affordable Housing Agreement with provisions for Affordable Housing allowing a thirteen (13) unit residential condominium building on a 0.41 acre site located at 90 Oak Avenue, owned by Patrick Doherty: 1. The project is consistent with the provisions of the City's General Plan that support residential development, and specifically with the Housing Element regarding the development of additional market rate and affordable housing in the community to meet on-going demand. The proposed density of31.8 units per acre for the 0.41 acres to be developed with dwellings is well within the overall density of37.5 units per acre for the High Density Residential category provided in the City's General Plan with the density increase permitted by the General Plan. 2. The 0.41 acre site is physically suited for the proposed single-family subdivision. 3. The development will create a residential environment of sustained desirability and stability and will result in an intensity of land use similar to adjacent multi-family and single-family neighborhoods. The proposed density of 31.8 units per acre and the general style and quality of the new residences and site improvements is substantially similar to recently approved subdivisions in the City. --~ 1:"" ~-- ~.l ~~~- ~~~.l ~~ -~~-~~ ~~~ .'~-.l -~, -~ ~-, ~~-~~~~~~-~ ~- . -~-~ 1:""~ ~-~~~~-~ -~. -~~- impacts attributable to the development of the thirteen (13) new residences. The impacts can be reduced to a less than significant level through the implementation of mitigation rneasures. A twitigation Monitoring Program is established to ensure that impacts are reduced to a less than significant level. Mitigation measures, including a mitigation monitoring program, have been incorporated into the project or have been made conditions of approval which will reduce identified impacts to a less than significant level. 6. The Tentative Subdivision Map allowing thirteen (13) residential condominiums and common area, will not be adverse to the public health, safety, or general welfare of the community, nor unreasonably detrimental to surrounding properties or improvements. The use is compatible with the existing uses. Site improvements including the provision of upgrades to the public infrastructure, and landscaping the yards, will reduce potential adverse impacts to the public infrastructure, reduce circulation conflicts and provide a streetscape that is comparable to the surrounding neighborhoods. 7. The thirteen (13) new residential condominiums, thirty (30) on-site parking spaces and site landscaping comply with the City's Design Guidelines. 8. The residences comply with the applicable community design guidelines established in the South San Francisco Municipal Code Sections 20.68 through 20.74. The design and improvements are not in conflict with any known existing public easements. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends that the South San Francisco City Council approve Tentative Subdivision Map 06- 0001, Density Bonus 06-0001, the Affordable Housing Agreement 06-0001 and Design Review 06-0015 subject to the Conditions of Approval contained in Exhibit B. BE IT FURTHER RESOL VED that the resolution shall become effective immediately upon its passage and adoption. * * * * * * * ~.1 -~~- ~-~~~ .. ~~~o . ~ --. AYES: NOES: ABSTENTIONS: ABSENT: Attest: Susan Kalkin Acting Secretary to the Planning Commission ----- ----, --- -- ----, --~~ ~~~~ - ~~~~~~ ~~~~ (As recommended by City Staff on April 20, 2006) A. PLANt~ING DIVISION: 1. The applicant shall comply with the City's Standard Conditions and with all the requirements of all affected City Divisions and Departments as contained in the attached conditions, except as amended by the conditions of approval. 2. The construction drawings shall substantially comply with the Planning Commission approved plans, as amended by the conditions of approval including the plans prepared Anthony M. Brandi Architect, dated July 20, 2005, and Civil Plans, prepared by Brian Kangas Foulk, dated February 3, 2006 in association with P06-0016. 3. The landscape plan shall be revised to include more mature shrubs, trees shall have a minimum size of 24 inch box and 15% of the total number of proposed trees shall be a minimum size of36 inch box. The landscape plan shall be subject to the review and approval by the City's Chief Planner. 4. Prior to the issuance of the Building Permit, the Final Subdivision Map including the CC&R's shall be recorded with the San Mateo County Recorder's Office. The applicant shall provide a record with the City Engineer. 5. The owner shall pay the Childcare Impact Fee estimated to be $ 21,112.00 [13 Dwellings x $ 1,624.00/Dwelling = $ 21,112.00 (SSFMC Chapter 20.115)]. 6. Prior to the issuance of the Building Permit the owner shall meet with the City's Park and Recreation Director and develop a Parks and Recreation Fee Plan in-lieu of parkland dedication in accordance with SSFMC Chapter 19.24. Prior to the Final Inspection the owner shall pay the Parks and Recreation Fees in-lieu of park land dedication [SSFMC Chapter 19.24]. The plan shall be subject to the review and approval of the City's Park and Recreation Director. 7. The applicant shall comply with all mitigation measures associated with Mitigated Negative Declaration 01-054 and shall implement a mitigation monitoring program. The mitigation monitoring program shall be subject to the review and approval of the City's Chief Planner. 8. Prior to completion of the building or sale of the property, the applicant shall complete the Affordable Housing Agreement (AHA). The Final AHA shall be B. ENGINEERING DIVISION: 1. The developer shall comply with all of the applicable conditions of approval detailed in the Engineering Division's "Standard Subdivision and Use Permit Conditions for Townhouse, Condominium and Apartment Developments with Private Streets and Utilities", contained in our "Standard Conditions for Subdivisions and Private Developments" booklet dated January 1998. This booklet is available in our office at no cost to the applicant. 2. The developer shall design, construct and install: new curb, gutter, sidewalk, driveway approach and pavement overlay/conform to the street centerline (if necessary) within Oak Avenue, in front of the subject property. Plans for these improvements shall be prepared by the developer's civil engineering consultant and submitted to the Engineering Division for review and approval. The frontage improvement work shall be constructed at no cost to the City and in accordance with the approved plans, to the satisfaction of the City's Engineering Construction Coordinator and pursuant to the terms of a secured encroachment permit, to be obtained prior to receiving a building permit for the project. 3. The developer shall design a storm drainage system for the project that will drain the entire site, without flowing onto adjacent private property. The on-site drainage system shall connect directly to the existing public drainage facilities located within Oak Avenue. The drainage system shall incorporate storm water filters, meeting the requirements of the San Mateo County Best Management Practices for private developments. The plans for these improvements shall be prepared by the developer's civil engineering consultant and submitted to the Engineering and Water Quality Control Divisions for review and approval. 4. The applicant is advised that the subject site is located within FEMA Flood Hazard Zone AH and will need to have the elevation of its floor raised above the 100- year flood elevation. The proposed underground garage may need special flood-proofing and drainage improvements to conform to FEMA's regulations. 5. The developers shall show on their plans all utility connections proposed to service the building. The plans shall show all existing utilities that may be affected by the new services. All utility facilities and appurtenances shall be installed underground. 6. The applicant shall submit the following plans for review: Site, Grading & Drainage, Landscaping and Utility Plans, in accordance with the Engineering J . ~ constructed. The applicant shall design, construct and install a new 10" sewer main, which will by-pass the subject property. The applicant has submitted a proposed Sewer Relocation plan, dated February 20, 2002, prepared by BKF Civil Engineers, showing a new sewer main installed within Oak Avenue and Commercial A venue. The main would connect with an existing manhole in front of 90 Oak Avenue, flow North to Commercial Avenue, then East along Commercial, connecting to the existing sewer main at Commercial Avenue's intersection with Daly Court. This plan is acceptable, under the following conditions: a) The sewer shall be installed along the alignment of the existing sewer within Commercial Avenue. The existing old sewer shall be removed and replaced with the new 10" sewer main and any existing laterals reconnected to the new line. b) Because of the existing nUlnber of utility cuts in the street and the impact of the new sewer installation, the applicant shall also over-lay the portion of Commercial Avenue, between Oak Avenue and the East side of Daly Court with 1.5 inches of Class A asphaltic concrete. c) The applicants shall have their civil engineer prepare plans and specifications to perform this work. The plans and specifications shall be submitted to the City Engineer for review and approval. The applicant shall install the new sewer main, in accordance with the approved plans and to City standards. d) Prior to receiving a building permit for the apartment, the applicant shall obtain an encroachment permit or public improvement agreement, secured by cash, a letter of credit, or surety bond in the amount of the Engineer's Estimate to perform the work, as approved by the City Engineer. Alternately, the applicant may install a new 12" sewer main extending down Oak Avenue to the 18" City trunk main within Mission Road. However, this alternative will have to be evaluated by the applicant's civil engineer to verify, to the satisfaction of the City Engineer, that the portion of the 18" main, between Oak Avenue and Chestnut Avenue (where the main size increases to 24" diameter) can accommodate the additional sewage flow, along with the existing flow in the line, as well as the future flows from Daly City, the Town ofColma and from future development in South San Francisco within the drainage basin that discharges into the Mission Road main. Conditions 7 c and 7 d discussed above would apply to this solution to the sewer relocation requirement. (Engineering Contact: Michelle Bocalan, 650/829-6652) C. POLICE DEPARTMENT: A. Municinal Code Comnliance Page 15 of 6 The applicant shall comply with the provisions of Chapter 15.48 of the Municipal Code, "Minimum Building Security Standards" Ordinance revised May 1995. The Police Department reserves the right to make additional security and safety conditions, if necessary, upon receipt of detailed/revised building plans. B. Doors Exterior Doors 1. Exterior doors and doors leading from garage areas into single-family dwellings shall be of solid core with a minimum thickness of one and three-fourths inch. 2. Exterior doors for single-family dwellings and garages shall have deadbolt locks with a one-inch minimum throw in addition to deadlatches. The locks shall be so constructed that both deadbolt and deadlatch can be retracted by a single action of the inside doorknob. Alternate devices equally resistant to illegal entry may be substituted subject to prior approval of the police department. Strike plates shall be secured to wooden jambs with at least two and one-half inch wood screws. (Refer to subsection (a) (1) (H) of this section.) 3. Doors leading from enclosed garage areas into single-family dwellings shall have deadbolts in addition to deadlatches and shall meet the single action requirements of subsection (a)(1)(B) of this section. 4. Vision panels in exterior doors or within reach of the inside activating device must be of burglary resistant glazing or equivalent as approved by the police department. 5. Openings for delivery of mail will be allowed and those openings shall be no larger than twenty-four square inches. Openings located within three feet of any locking device shall be constructed to prohibit access to the interior doorknob. 6. Exterior doors swinging out shall have non-removable hinge pins or hinges with studs. 7. Exterior doors swinging in shall have rabbeted jambs. 8. Door frames shall be installed or protected to prevent violation of the function of the strike. a. Door jambs shall be installed with solid backing in such a manner that no voids exist between the strike side of the jamb and the frame opening for a backIng against sole plates. c. The strike plate for deadbolts on all wood-framed doors shall be constructed of minimum sixteen U.S. gauge steel, bronze or brass and secured to the jamb by a minimum of two screws, which must penetrate at least two and one-half inches into solid backing beyond the surface to which the strike is attached. 9. On pairs of doors, the active leaf shall be secured with the type lock required for single doors in subsection (a) (1) (B) of this section. The inactive leaf shall be equipped with lever flush extension bolts or equivalent, protected by hardened material with a throw of three- fourths inch at head and foot. Multiple point locks, cylinder-activated from the active leaf and satisfying the requirements above may be used in lieu of flushbolts. 10. An interviewer or peephole shall be provided in each main entry door and shall allow for one hundred eighty degree vision. Sliding Patio Doors Sliding patio type doors opening onto patios or balconies which are otherwise accessible from the outside (this includes accessibility from adjacent balconies) shall comply with the following: 1. Single sliding patio doors shall be adjusted in such a manner that the vertical play is taken up to prevent lifting with a pry tool to defeat the locking mechanism. 2. Deadlocks shall be provided on all single sliding patio doors. Mounting screws for the lock cases shall be inaccessible from the outside. Lock or hook bolts shall be hardened steel or have hardened steel inserts and shall be capable of withstanding a force of eight hundred pounds applied in any horizontal direction. The lock or hook bolt shall engage the strike sufficiently to prevent its being disengaged by any possible movement of the door within the space or clearances necessary for installation and operation. The strike area shall be reinforced to maintain effectiveness of holt strength. 3. In addition to the primary locking device, auxiliary or secondary locking devices shall be provided on all accessible sliding-glass doors. 4. Double sliding patio doors shall be locked at the meeting rail and meet the locking requirements of subsection (a) (2) (B) of this section. C. Windows 1. A window, skylight or other natural light source forming a part of the enclosure of passageway, comC1or, balcony, patIo, breezeway or any portIon ot the bUIldIng which is available for use by the public or otherwise tenants, or similar area. A window enclosing a private garage, with an interior opening leading directly to a dwelling unit, shall also comply with subsection (b) (2) of this section. 2. Window Protection. a. Windows shall be constructed so that when the window is locked it cannot be lifted from the frame, and the sliding portion of a window shall be on the inside track. The vertical play shall be taken up to prevent lifting of the movable section to defeat the locking mechanism. b. Window locking devices shall be capable of withstanding a force of two hundred pounds applied in any direction. c. Louvered glass windows shall not be used. d. Accessible windows that open should be equipped with secondary locking devices. D. Garages: Overhead garage doors shall be provided with a locking device or automatic door opener and shall not have bottom vents except those doors having double louvered or shielded vents or approved alternate devices to protect the locking mechanism. Garages shall be used to storage vehicles and limited automotive supplies only. Garages shall not be used for human inhabitation at any time. E. Keying Requirements: Upon occupancy by the owner each single unit in a tract constructed under the same general plan shall have locks using combinations, which are interchange free from locks used in all other separate dwellings. F. Numbering: All residential dwellings shall display a street number in a prominent location on the street side of the residence in such a position that the number is easily visible to approaching emergency vehicles. The numerals shall be no less than three inches in height and shall be of a contrasting color to the background to which they are attached. The numerals shall be lighted at night. G. Landscaping: All shrubbery shall be trimmed down to no greater than 36 inches, so as not to obscure natural surveillance. All trees adjacent to the home shall be trimmed up to no less than seven feet, so as not to provide a natural ladder for unauthorized roof access. H. Emergency Vehicle Access: Emergency vehicles must be able to access all areas of the complex, either for medical or police emergencies. Low curbs and or D. BUILDING DIVISION 1. Building exits at ground level are not sufficient in width, building set to close to property line with landscape strip. 2. Building handicapped entrances to the units are not wide enough to provide minimum required dimensions. 3. Doors at grade level encroach into exit paths. 4. Additional comments at plan review. (Building Division contact: Jim Kirkman 650/829-6670) E. WATER QUALITY DIVISION: 1. A plan showing the location of all storm drains and sanitary sewers must be submitted. 2. The onsite catch basins are to be stenciled with the approved San Mateo Countywide Stormwater Logo. 3. Storm water pollution preventions devices are to be installed. A combination of landscape based controls (e.g., vegetated swales, bioretention areas, planter/tree boxes, and ponds) and manufactured controls (vault based separators, vault based media filters, and other removal devices) are preferred. Existing catch basins are to be retrofitted with catch basin inserts or equivalent. These devices must be shown on the plans prior to the issuance of a permit. CDS or Stormceptor units alone are not acceptable; they must be part of a treatment train. One of the following must be used in series with each CDS or Stormceptor unit: swales, detention basins, media (sand) filters, bioretention areas, or vegetated buffer strips. 4. The applicant must submit a signed maintenance schedule for the stormwater pollution prevention devices installed. 5. Applicant must complete the Project Applicant Checklist prior to issuance of a permit and return to the Environmental Compliance Coordinator at the WQCP. 8. An Erosion and Sediment Control Plan must be submitted. 9. Trash handling area must be covered, enclosed and must drain to sanitary sewer. This must be shown on the plans prior to issuance of a permit. 10. Fire sprinkler system test/drainage valve should be plumbed into the sanitary sewer system. This must be shown on the plans prior to issuance of a permit. 11. Applicant must pay a sewer connection fee per unit when the permit is issued. The 2006 connection fee is $1596.00 per unit. (Water Quality contact: Cassie Prudhel 650/877-8634) ADDRESS PROJECT NUMBER PROJECT NAME - 600 Grand Avenue P06-0022, UP06-0007, DR06-0019 & V AR06-0001 First Baptist Church (Case Planner: Chad Smalley) DESCRIPTION Use Permit, Design Review and Variance to allow relocation of a playground for a private school, including a 4.5 foot tall fence and outdoor play structure, which encroaches into both the public right-of- way and the minimum required 15 foot front setback on a site located at 600 Grand Avenue in the R-3-L Multi-Family Residential Zone District in accordance with SSFMC Chapters 20.20, 20.73,20.82 & 20.85. The Board had the following comments: 1. Relocate the fence to the property line to eliminate encroachment into the City's right- of-way. 2. Place landscaping between the property line and sidewalk. 3. Consider using a metal grid or tubular fence between pilasters. Consider comments for Conditions of Approval 7. OWNER APPLICANT ADDRESS PROJECT NUMBER PROJECT NAME Patrick Doherty Patrick Doherty 90 Oak Ave P06-0016, DR06-0015 & SA06-0001 90 Oak Ave - Subdivision Map (Case Planner: Steve Carlson) DESCRIPTION Tentative Subdivision Map allowing thirteen (13) residential condominiums and common area, in accordance with SSFMC Title 19. Design Review of a three story building containing thirteen (13) unit residential condominiums with thirty (30) parking spaces and common area, at 90 Oak Avenue, in the Multi-Family (R-3-L) Zone District in accordance with SSFMC Chapter 20.85. The Board approved the application as submitted 8. OWNER APPLICANT ADDRESS PROJECT NUMBER PROJECT NAME El Camino Enterprises, LLC SLSD / Vincent Tsoi 1015 El Camino Real P04-0 130 & DR06-0027 El Camino Market Improvements (Case Planner: Steve Carlson) DESCRIPTION Design Review to install a steel canopy over the loading dock on an existing commercial building situated at 1015 El Camino Real in the Retail Commercial (C-l) Zoning District in accordance with SSFMC Chapters 20.22 and 20.85 The Board had the following comments: 1. Consider street trees or a pattern of shrubs along the fence along Camaritas Avenue, suggest Majestic Beauty Raphiolepis 15 to 20 ft on center, or 3 trees / space HerzIg & Herlese 414 Gough Street, Suite 5 San Francisco, CA 94102 DECLARATION OF RESTRICTIONS AND CONDOMINIUM PLAN FOR 90 OAK A VENUE a Residential Condominium Project Patrick Doherty and Frances Doherty Declarant FOR 90 OAK AVENUE a Residential Condominium Project Recitals THIS DECLARATION is made by Patrick Doherty and Frances Doherty,. "Declarant, II with reference to the following: A. Declarant is the Owner of a tract of land located in the City of South San Francisco and County of San Mateo, California, more particularly described in Exhibit A attached to this Declaration and incorporated into it by reference. B. There exists on the land a building which is two stories in height over a common garage and which contains thirteen Units. C. Declarant intends by this Declaration to create a Condominium Project and to impose upon the Property mutually beneficial restrictions under a general plan of improvement for the benefit of all the Condominiums and Owners of Condominiums. Declarant intends by this Declaration to establish a Condominium Project under the provisions of California Civil Code Sections 1350 et seq., the Davis-Stirling Common Interest Development Act. D. Declarant establishes by this Declaration a plan for the individual ownership of real property estates consisting of an undivided interest in common in a portion of real property, referred to as Common Area, coupled with a separate interest in space, referred to as a Unit, the boundaries of which are described on the Condominium Plan. Declarant declares that the Property shall be held, conveyed, encumbered, leased, occupied and improved subject to the following declarations, limitations, covenants, conditions, restrictions and easements, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Project, in accordance with the plan for the improvement of the Property and the division of it into Condominiums. All of the limitations, covenants, conditions, restrictions and easements constitute equitable servitudes and covenants which shall run with the land and be binding upon Declarant and Declarant's successors and assigns, and all parties having or acquiring any right, title or interest in or to any part of the Project. 1.1 "Articles" means the Articles of Incorporation of the Association as amended from time to time, 1.2 "Assessment" means that portion of the cost of maintaining, improving, repairing, rebuilding, operating and managing the Property which is to be paid by each Owner. 1.3 "Association" means the 90 Oak A venue Homeowners' Association, a California Non-Profit Mutual Benefit Corporation. 144 "Board" or "Board of Directors" means the governing body of the Association. 1.5 "Bylaws" means the Bylaws of the Association as amended from time to time. 1.6 "Common Area" means the entire Project except for the Units as defined in this Declaration and as shown on the Condominium Plan. Common Area includes, but is not limited to, all staircases (except for staircases for the exclusive use of a particular Unit) and light wells, roofs, foundations, pipes and ducts for the mutual use of adjoining Units, flues, chutes, conduits, columns and girders to the unfinished surface thereto, all regardless of location within said Units. 1.7 "Common Expenses" means the actual and estimated expenses of operating the Property, any reasonable reserves for such purposes as determined by the Board, and all sums designated Common Expenses by the Governing Documents. . 1.8 "Condominium" means an estate in real property consisting of an undivided interest in common in a portion of real property coupled with a separate interest in space called a Unit, the boundaries of which are described on the Condominium Plan. 1.9 "Condominium Plan" means the three dimensional description of the Project in sufficient detail to identify the Common Area and the Units pursuant to California Civil Code Section 1351(e) and any amendments and corrections to it. The Condominium Plan is attached as Exhibit liB II to this Declaration and incorporated into this Declaration by ihis reference. 1.10 "Declarant" means Patrick Doherty and Frances Doherty, and any successors and assigns, including the Association, who acquire Declarant's interest in the Property. 1.11 "Declaration" means this Declaration of Restrictions and any amendments and supplements to it. 1.12 "Exclusive Use Common Areas" mean those portions of the Common Area designated for the exclusive use of the Owners and which are appurtenant to the Units. costs incurred by it in the repair of damage to the Common Area and facilities caused by the Member. 1.14 "Governing Documents" means this Declaration, any Exhibits attached to it, the Articles and the Bylaws of the Association, and the rules and reg~lations for the Members, all as amended from time to time. 1.15 "Map" means the subdivision map entitled "Parcel" Map, 90 Oak Avenue, South San Francisco, San Mateo County, California, which depicts the mergers of lots 011-313-070, 011- 313-080, and 011-313-090 into one lot per the "Notice of Property Merger" recorded on April 12, 2005, under instrument number 2005-058783 in the Official Records of the County of San Mateo, State of California II , recorded on , 20_, in Condominium Map Book , pages _ through _, inclusive, in the Official Records of the County of San Mateo, and any amendments and corrections to it. 1.16 "Member" means a person who is a member of the Association. 1.17 "Mortgage, Mortgagee, Mortgagor" "Mortgage" includes a deed of trust as well as a mortgage, and means a conveyance of a security interest in real property made in good faith and for value. II Mortgagee II includes a beneficiary or a holder of a deed of trust as well as a mortgage. II Mortgagor" includes the trustor of a deed of trust as well as a mortgagor. 1.18 "Owner" means the record holder of title to a Condominium in the Project. If a Condominium is sold under a recorded contract of sale to a purchaser, the purchaser rather than the seller shall be considered the Owner. II Owner" shall not include those persons having any interest merely as security for the performance of an obligation. 1.19 "Person" means a natural person, a corporation, a partnership, a trustee, or other legal entity . 1.20 "Project" means the real property described in Exhibit A, all structures and improvements erected or to be erected on it, and all easements and rights appurtenant to it. 1.21 "Property" means the Project, and all real and personal property intended for or used in connection with the Project. 1.22 "Unit" means the elements of a Condominium which are not owned in common with other Owners or by the Association. The boundaries of each Unit are as shown and described on the Condominium Plan. Creation of' Property Rights 2.1 DESCRIPTION OF PROJECT. The Project consists of the underlying real property, a residential building which is two stories in height over a common garage and which contains thirteen Units and Common Area, and all other improvements located on the real property. 2.2 DIVISION OF PROPERTY. The Property is divideq into the following: A. Units. Each of the Units as separately shown, numbered and designated on the Condominium Plan consists of the space bounded by and contained within the interior unfinished surfaces of the perimeter walls, floors, ceilings, windows and doors of the Unit. Each Unit also includes all fixtures, appliances, air heating, air conditioning, water heating equipment, alarm systems and ventilation fans, and the outlets thereof, wherever located, which are part of a discrete and complete system intended to serve only the Unit. The Unit does not include those areas and things defined as Common Area in Section 1.6. Each Unit is subject to any encroachments as may now exist or may be later caused or created in any manner referred to in Section 2.3D. In interpreting deeds and plans, the then existing physical boundaries of a Unit, whether in its original state or reconstructed in substantial accordance with the original plans, shall be conclusively presumed to be its boundaries rather than the boundaries expressed in the deed or Condominium Plan, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown on the Plan or deed and those of the building. B. Common Area. The remaining portion of the Property, referred to as Common Area, shall include, without limitation, all of the elements set forth in Section 1.6. Each Owner shall own, as appurtenant to his Unit, an undivided interest in the Common Area as shown on the Condominium Plan. Each Owner may use the Common Area in accordance with the purposes for which it is intended without hindering the exercise of, or encroaching upon the rights of any other Owners. C. Exclusive Use Common Area. Portions of the Common Area, referred to as Exclusive Use Common Areas, are set aside and allocated for the exclusive use of the Owners. The Exclusive Use Common Areas consist of the parking spaces (P-1 through P-30, inclusive) as designated on the Condominium Plan. An easement for each of the above Exclusive Use Common Areas shall be granted in the deed to the Unit to which it is appurtenant. The Exclusive Use Common Areas also consist of internal and external wiring designed to serve a single Unit, fireplaces, windows, window frames, window boxes, screens, shutters, awnings, doorsteps, stoops, exterior doors, door frames and hardware. At least two parking spaces shall be appurtenant to each Unit and shall not be transferred by the Owner separately from the Unit. consent of all the Owners affected, and their first Mortgagees, as expressed in an amended Declaration. The undivided interest in Common Area cannot be separated from the Unit to which it is appurtenant, and shall be deemed to be conveyed or encumbered wit.lI its respective Unit, even though the instrument of conveyance or encumbrance may refer only to the Unit. 2.3 EASEMENTS AND USE RIGHTS. The following e~sements, reservations and use rights shall affect the Property. A. Owners' Nonexclusive Easements; Association Rights. Every Owner has a nonexclusive easement of use, enjoyment, ingress, egress, and support in, to, and throughout the Common Area and any improvements or facilities on the Common Area. However, such nonexclusive easements shall be subordinate to, and shall not interfere with the right to use Exclusive Use Common Areas. Each such nonexclusive easement shall be appurtenant to the respective Condominium and shall pass with the title to the Condominium. Nonexclusive easements shall be subject to all of the rights and powers of the Association as described in Article 5, including, without limitation, the right to assign", rent, license or otherwise designate and control use of any parking spaces other than those which are Exclusive Use Common Areas appurtenant to a Unit. B. Entry or Use Rights. Each Condominium shall be subject to the following rights of entry and use: I. The right of Declarant, or its agents, to enter upon any portion of the Project to construct the improvements Declarant intends to construct on the Property, to make repairs and to remedy construction defects, provided that such entry shall not interfere with the use or occupancy of any occupied Unit unless authorized by its Owner, which authorization shall not be unreasonably withheld. The above right of Declarant shall terminate three years after the conveyance of the first Condominium covered by the final subdivision public report for the Project. ii. The right of the Association, or its agents, to enter any Unit to cure any violation or breach of this Declaration, the Bylaws or the Rules and Regulations, provided that at least thirty days prior written notice of such violation or breach (except in case of emergency) has been given to the Owner, and provided that, within the thirty day period, such Owner has not acted to cure substantially such violation or breach. The Association shall be entitled to levy an Expenditure for its costs of effecting such cure against the Owner in accordance with the procedures set forth in Section 5.1E. The rights of entry and cure shall be immediate in case of an emergency originating upon or threatening any Unit, whether or not its Owner is Dresent. its obligations and duties under this Declaration, including obligations or duties with respect to construction, maintenance, or repair of the Common Area, or for the benefit of the Owners in common. The rights shall be immediate in case of an emergency originating upon or threatening any Unit, whether or not its Owner is present. iv. The right of any Owner, or Owner's ag~nts, to enter the Unit of any other Owner for purposes of performing installations, alterations or repairs to mechanical, electrical, telecommunications and electronic systems and services that are reasonably necessary for the use and enjoyment of his Unit, provided requests for entry are made in advance and that entry is at a time convenient to the Owner whose Unit is being entered. In case of emergency, the right of entry shall be immediate. v. The right of immediate access to the Common Area of the Proj ect (including the Exclusive Use Common Areas) by employees of any department or agency of the City of South San Francisco in order to protect the public health, safety and welfare and to preserve the public peace. C. Power to Grant Easements. Declarant or the Association shall have the power to grant and convey in the name of all the Owners as their attorney-in-fact (or in the name of the Association as to any property to which the Association holds title) to any Owner or other party easements and rights-of-way in, on, over, or under the Common Area for the purpose of constructing, erecting, operating or maintaining lines, cables, wires, conduits, or other devices for electricity, cable television, electronic communications, power, telephone and other purposes, public sewers, storm water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes, and any similar public or quasi- public improvements or facilities. Each Owner, in accepting a deed to a Condominium, expressly consents to such easements and rights -of-way and authorizes and appoints the Association and Declarant (as long as Declarant owns one or more Condominiums) as attorney-in-fact of such Owner to execute any and all instruments conveying or creating such easements or rights-'of- way. However, no such easement can be granted if it would substantially interfere with the use, occupancy, or enjoyment by any Owner of his Unit or the Common Area of the Project unless approved by the vote or written consent of the holders of not less than sixty-seven percent (67 %) of the voting rights of each class of Members and their first mortgagees. D. Encroachment Easements. Each Condominium has an easement over all adjoining Units and the Common Area for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of the building, or any other cause as long as the encroachment exists. In no event shall a valid encroachment be created in favor of an shall be valid easeI?ents for the maintenance of these encroachments as long as they exist. These encroachments shall not alter the rights and obligations of Owners. 2.4 PARTITION; POWER OF ATTORNEY. Except as provided by California Civil Code Section 1359 and Sections 9.2 and 9.3 of this Declaration regarding damage and destruction and condemnation, there shall be no judicial partition of the Project or any part of it. Judicial partition by sale of a single Condominium owned by two or more perspns and division of the sale proceeds is not prohibited, but partition of title to a single Condominium is prohibited. Whenever partition may be had pursuant to Civil Code Section 1359 or this Declaration, each of the Owners irrevocably appoints the Association as attorney-in-fact and irrevocably grants to the Association full power in the name and stead of such Owner to sell the entire Project, and to execute deeds and conveyances to it, in one or more transactions, for the benefit of all Owners. The power of attorney shall (I) be binding on all Owners, whether they assume the obligations under this Declaration or not; (ii) be exercisable by a majority of the Board acting on behalf of the Association, subject to obtaining the prior vote or written consent of sixty-seven percent (67 %) of the Owners and sixty-seven percent (67 %) of all first Mortgagees; and (iii) be exercisable only after recordation with the County Recorder of a certificate executed by those who have power to exercise the power of attorney that the power of attorney is properly exercisable under the authority of this Declaration. This certificate shall be conclusive evidence of proper exercise in favor of any person relying on it in good faith. 2.5 FURTHER SUBDIVISION PROffiBITED. No Owner shall further subdivide the space within his Unit or create a time-share project from any Condominium. A time-share project is one in which a purchaser receives the right in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of a Unit, annually or on some other periodic basis, for a period of time that has been or shall be allocated from the use or occupancy periods into which a Condominium has been divided. ARTICLE 3 Association, Administration, Membership and Voting Rights 3.1 ASSOCIATION TO MANAGE COMMON AREA. The Association shall manage and administer the Project in accordance with the provisions of the Governing Documents. 3.2 MEMBERSHIP. Each Owner of a Condominium shall automatically be a Member of the Association. He shall remain a Member until his ownership of a Condominium ceases, at which time his membership in the Association shall also automatically cease. No Member may resign, transfer, pledge or alienate his membership in any way except by sale of the Condominium to which it is appurtenant and then only to the purchaser. Any prohibited transfer is void. A. Membership Classes. The Association shall have two classes of voting membership. I. CLASS A. Each Owner other than Declarant is a Class A member. Class A membership entitles the holder to one vote for each Condominium owned. When more than one person holds an interest in a Condominium, all such persons shall be Members. The vote for the Condominium shall be exercised as the Owners determine, but not more than one vote shall qe cast for any Condominium. If an Owner disputes the vote cast for his Unit 'by a co-Owner, the vote for that Condominium shall not be counted. ii. CLASS B. Declarant is the Class B member. Class B membership entitles the holder to not more than three votes for each Condominium owned. Class B membership shall be irreversibly converted to Class A membership on the first to occur of the following: (a) when the total outstanding votes held by Class A members equal the total outstanding votes held by the Class B member. (b) on the second anniversary date of the first conveyance of a Unit in the Project. 3.3 B. Voting Rights. Any action by the Association which must have the prior approval of the Members shall require the prescribed number of votes cast by Owners entitled to vote either at a meeting of the Owners at which a quorum is present or by written consent, as provided in the Bylaws. The prescribed number of votes is a majority of votes, unless a vote greater than a majority is required elsewhere in the Governing Documents, in which case action on that matter requires a vote of that prescribed percentage. Any provision in the Governing Documents which requires the approval of a prescribed number of Members other than Declarant for action to be taken by the Association shall require: I. where the two class voting structure is in effect, the vote or written consent of the Class B Member and the vote or written consent of the prescribed number of Class A Members; or ii. if there has been a conversion of Class B membership to Class A membership, the vote or written consent of a majority of the Members of the Association and the vote of the prescribed majority of the Members other than Declarant. Assessments 4.1 CREATION OF THE LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS. Declarant agrees, for each Condominium in the Project owned by Declarant, and each Owner, by acceptance of a deed to a Condominium, whether or not it shall be expressed in the deed, is deemed to agree to pay to the Association Regular Annual Assessments, Special Assessments and Property Tax Assessments. Assessments are payable witho;tlt deduction or offset for any claim the Owner may have against the Association. Each Assessment, together with interest, costs and reasonable attorneys' fees, shall be the personal obligation of the Owner of the Condominium at the time when the Assessment is levied. If more than one person is the Owner, the personal obligation to pay the Assessment shall be joint and several. No Owner may exempt himself from liability for his contribution toward the Common Expenses by waiver-of use or enjoyment of any of the Common Area or abandonment of his Condominium. 4.2 PURPOSE OF ASSESSMEt~TS. The Assessments levied by the Association shall be used exclusively to promote the health, safety, and welfare of all residents of the Project, and for the improvement and maintenance of the Common Area for the common good of the Project. 4.3 REGULAR ANNUAL ASSESSMENTS. The Regular Annual Assessment is the total amount of funds necessary to defray the Common Expenses of the Association for the fiscal year. It shall include adequate reserve funds for contingencies and for maintenance, repairs, and replacement of the Common Area improvements that must be replaced on a periodic basis sufficient to satisfy the reasonable requirements of any first Mortgagee. Until January 1 of the year immediately following the conveyance of the first Condominium, the Regular Annual Assessment shall be approved by the California Department of Real Estate. At least thirty days and not more than ninety days prior to the beginning of each subsequent fiscal year, the Board shall establish the Regular Annual Assessment for that fiscal year. The Regular Annual Assessment shall not be increased unless the Board has prepared and distributed a pro forma operating budget to the Members, as specified in the Bylaws. The Board may not, without the vote or written consent of a quorum of Members who cast a majority of the votes at a meeting or election of the Association, impose a Regular Annual Assessment which is more than twenty percent greater than the Regular Annual Assessment for the immediately preceding fiscal year. For purposes of this Section 4.3, a quorum means more than fifty percent of the Members. If the Board fails to establish the Regular Annual Assessment for any fiscal year, .the Regular Annual Assessment shall be the same as that of the prior fiscal year. Subject to the above, if at any time during the year the Board d.ecides that the amount of the Regular Annual Assessment is . inadequate or excessive, it may revise the Assessment for the balance of the fiscal year, effective on the first day of the month following the date of the revision. During the time the Project is subject to an outstanding public report, Declarant shall notify the Department of Real Estate of any 4.4 SPECIAL ASSESSMENTS. In any fiscal year, the Board may levy a Special Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property, and for extraordinary expenses incurred by the Association. Any Special Assessment in excess of five percent of the Regular Annual Assessment for the fiscal year shall require approval by the vote or writt~n consent of a quorum of Members who cast a majority of the votes at a meeting or election of the Association. For purposes of this Section 4.4, a quorum means more than fifty percent of the Members. 4.5 ASSESSMENTS FOR EMERGENCY PURPOSES. Notwithstanding the provisions of Sections 4.3 and 4.4, the Board may increase Regular Annual Assessments and impose Special Assessments necessary for emergency situations. For purposes of this Section, an emergency situation is anyone of the following: A. An extraordinary expense required by an order of a court. B. An extraordinary expense necessary to repair or maintain the Property for which the Association is responsible where a threat to personal safety on the Property is discovered. C. An extraordinary expense necessary to repair or maintain the Property for which the Association is responsible that could not have been reasonably foreseen by the Board in preparing and distributing the budget. However, prior to the imposition or collection of an Assessment under this Section 4.5 C, the Board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the budgeting process, and the resolution shall be distributed to the Members with the Notice of Assessment. 4.6 PROPERTY TAX ASSESSMENTS. Until the Tax Collector segregates the property taxes applicable to each Unit into separate assessments, or if any taxes are assessed against the Common Area or the property of the Association rather than against the Units, the Board shall levy a Property Tax Assessment for the purpose of paying the assessed taxes. 4. 7 SEGREGATION OF FUNDS. Unless exempt from federal or state income tax, all proceeds paid for reserves or for any Special. Assessment shall be segregated and deposited in a special account and shall be used solely for the purpose for which levied, or shall be otherwise handled and used in a nlanner authorized by law or regulations of the Internal Revenue Service or the California Franchise Tax Board in order to avoid, if possible, their taxation as income of the Association. 4.8 DIVISION OF ASSESSMENTS. The expenses for Regular Annual Assessments shall be ~pecIal Assessments snaH be dIVIded among the Uwners on the same basis as Regular Assessments, except where the Special Assessment is levied to raise funds for the rebuilding or major repair of structural Common Area which houses the Units. In that case, the Special Assessment shall be divided upon the basis of the ratio of the square footage of the floor area of the Unit to be assessed to the total square footage of the floor area of all Units to be assessed. Unless otherwise agreed by the Owners, Property Tax Assyssments shall be divided among the Owners according to each Owner I s percentage interest in the Common Area. 4.9 DATE OF COMMENCEMENT AND DUE DATES OF ASSESSMENTS; NOTICE TO OWl\l"ERS~ Regular Annual Assessments shall commence as to all Units on the first day of the month following the conveyance of the first Condominium from Declarant to an Owner. Regular Annual Assessments shall be payable in equal monthly installments unless the Board adopts some other basis for collection. If the first operating year of the Association is a partial fiscal year, the Regular Annual Assessment for that first operating year shall be based on the number of full calendar months in that fiscal year. Subject to the provisions of Section 4.3, the Board shall determine and fix the amount of the Regular Annual Assessment for each Condominium and send written notice of it, including the amount of any increase, to every Owner at least thirty days and not more than sixty days prior to the beginning of each fiscal year. In addition, the Association shall send each Owner notice by first class mail of any increase in the Regular Annual Assessment or Special Assessment not less than thirty days and not more than sixty days before the due date of the increased Assessment. The due date for the payment of installments of the Regular Annual Assessment shall be the first day of each month unless some other due date is established by the Board. The due date for payment of a Special or Property Tax Assessment shall be the date specified in the notice of the Assessment and shall be at least thirty days after the date of delivery of the notice of the Assessment to the Owners. 4.10 EFFECT OF NONPAYMENT OF ASSESSMENT. Any Assessment or installment of an Assessment shall become delinquent if payment is not received by the Association within fifteen days after its due date. The Board shall impose a late charge of ten percent of the delinquent assessment or installment or $10.00, whichever is greater, on all delinquent payments. A late charge may not be imposed more than once on any delinquent payment, shall not eliminate or supersede any charges imposed on prior delinquent payments, and shall constitute full compensation to the Association for any additional bookkeeping, billing, or other administrative costs resulting from the delinquent payment. Interest also shall accrue on any delinquent payment at the rate of twelve percent per annum. Interest shall accrue commencing thirty days following the due date of the assessment through and including the date full payment is received by the Association. Any Owner who fails to pay a Property Tax Assessment on time shall be resDonsible to Dav anv 4.11 ~M.h:Ul~S ON DE}'AULT. In the event of a default in payment of any Assessment or installment, and in addition to any other remedies provided by law or this Declaration, the Association may enforce payment of the Assessment or installment in either of the following ways. A. By Small Claims Action. Each action must be authorized by a majority of the Board. Any judgment rendered in the action shall include the amount of delinquent assessments, the fees and reasonable costs of collection, reasonable, attorney's fees, any late charges and interest, if any. A small claims action may be maintained without foreclosing or waiving lien rights. B. By Judicial Foreclosure or Power of Sale. Any action by the Association to enforce payment of the Assessment or installment by sale of the Condominium through judicial foreclosure or private sale shall be conducted to according to the notice and sale procedures set forth in Section 15 of the Bylaws and Section 1367.1 of the Civil Code. c. Alternative Dispute Resolution. A dispute between an Owner and the Association regarding an assessment may be resolved through alternative dispute resolution. An Owner may submit an assessment dispute to alternative dispute resolution only if he complies with the requirements of section 15.3 of the Bylaws, which requires in part that the Owner pay the assessment and related charges in full and give written notice to the Association that the amounts are paid in protest. 4.12 PRIORITIES. When a Notice of Delinquent Assessment has been recorded, it shall constitute a lien on the Condominium prior to all other liens except all taxes, bonds, assessments and other liens which, by law) would be superior to it, and the lien of any first Mortgage of record. The lien for any Assessment shall not be affected by the sale or transfer of the Unit against which it is recorded. 4.13 STATUS CERTIFICATE. Within ten days of the mailing or delivery of a written request by an Owner, the Board shall provide the Owner with a written statement containing the following information: (I) whether, to the knowledge of the Association, the Owner or his Condominium is in violation of any of the provisions of this Declaration, the Articles, Bylaws, or the Rules and Regulations; (ii) the amount of Regular Annual Assessments and Special Assessments, including installments, paid by the Owner during the fiscal year the request is received; (iii) the amount of any Assessments levied against the Owner I s Condominium that are unpaid as of the date of the statement, including any late charges, interest, or costs of collection that as of the date of the statement are or may be made a lien against the Owner's Condominium; and (iv) any change in the Association's current Regular Annual and Special Assessments and fees approved by the Board but not yet due and payable as of the date of the disclosure. 4.14 WAIVER OF EXEMPTIONS. Each Owner waives the benefit of any home~tead or ARTICLE 5 Duties and Powers of the Association 5.1 DUTIES. The Association shall have all of the powers of a corporation organized under the .Non-Profit Mutual Benefit Corporation law of the State ,of California, subject only to the limitations on those powers set forth in the Governing Documents. The Association shall have the power to do any lawful thing required or permitted to be done under the Governing Documents and necessary, appropriate or incidental to the exercise of the express powers or duties of the Association for the peace, health, comfort, safety and general welfare of the Owners. The affairs of the Association, including the exercise of its powers and duties, shall be conducted by the Board or officers appointed by the Board. The duties and powers of the Association shall include, but are not limited to, the following. A. J.\tIAINTENANCE AND REPAIR OBLIGATIONS. The Association must maintain all portions of the Development that are not maintained by the Owners. 1. In General. The Association shall maintain in good condition, repair and replace the Common Area, including all Exclusive Use Common Areas and landscaping. The Association shall clean exterior glass surfaces. ii. Wood-Destroying Pests. The Association is responsible for the repair and maintenance of Common Area occasioned by the presence of wood-destroying pests and organisms in accordance with the procedure set forth in Civil Code section 1364. Hi. Water Intrusion and Defective Conditions. The Association may periodically inspect the Common Area, including Exclusive Use Common Area, and the Units, for evidence of water intrusion or other defective conditions that the Association is required to repair, repair the water damage or other defective condition and, if the source of the condition is water intrusion, iocate and correct the source. iv. Utility Installations. The Association shall maintain all utility installations except those maintained by utility companies. If a utility installation exclusively serves one Unit but is located in the Common Area, the Association is responsible for maintenance, repair and replacement of the installation, but the cost of the work shaH be paid by the Owner of the Unit of which that installation is a part. The Association shall perform the work and seek reimbursement from the Owner. If the Owner fails to reimburse the Association. the Association mav levv an carner it the condition is covered by insurance. Alternately, the Association may require that, before it performs the work, the Owner pay to the Association the cost of the work, or that portion of the cost that will not be paid by the Association's insurance carrier if the condition is covered by insurance, unless delay in performing the work would be detrimental to the health, safety or welfare of the Owners or result in damage to the Common Area or any Unit. v. Common Area Damages Caused by an Owner. If damage to the Common Area is caused by the willful or negligent act or omission of an Owner, or his guests or tenants, the Association shall repair the damage and may levy an Expenditure against the Owner for the cost of the work that is not covered by insurance, or that is not paid by the Association's insurance carrier if the condition is covered by insurance. vi. Landscaping and Improvements. a. Landscape Plans. Declarant shall improve the landscaped portions of the Common Area as shown on the Landscape Plans consisting of sheets designated dated prepared by , Job No. entitled , together with the Legend of Plants as shown on the Plan and Irrigation System Specifications consisting of sheets designated dated _ prepared by , Job No. entitled . Declarant shall file a copy of the as-built plans with the Association. The Association shall maintain the plans on file as a permanent record available for performance of its landscape maintenance duties and for inspection and review by the Board, Owners and prospective owners and other interested persons. b. Maintenance of Landscaping. The Association shall maintain all of the landscaping within the Project in general accordance with the landscaping plans unless climatic conditions make such maintenance impracticable or unless the City of South San Francisco consents to a change in the plan for landscaping. c. Improvements Plans. There is an improvement plan consisting of _ sheets, dated ________ revised _____ prepared by , Job No. entitled . Declarant shall file a copy of the as-built improvement plan with the Association. The Association shall maintain the plan on file as a permanent record available for inspection and review by the Board, Owners and prospective owners and other interested persons. d. Maintenance of Improvements. The Association shall maintain and repair the works of improvement within the landscaped areas and other Common Area as constructed in accordance with the Improvements Plan. including:. but not limited IrngatIon system, retaining walls and subdrain system. Any modifications of the improvements installed in accordance with said plans shall be made in accordance with the procedure set forth in this Declaration and modification of the use permit or other applicable zoning permit as required. B. Insurance. The Association shall maintain the policies of insurance required by Section 9. 1 of this Declaration. c. Discharge of Liens. The Association shall discharge any lien against the Common Area, and charge the cost to the Owner responsible for the existence of the lien. D. Payment of Expenses. The Association shall pay all expenses and obligations incurred by it in the conduct of its business. E. Enforcement. The Association shall enforce this Declaration. In addition to any other remedies provided in this Declaration, the Association may impose fines, suspend voting rights, or take other disciplinary action against any Owner for failure to pay Assessments and Expenditures or for violation of any provisions of the Governing Documents. Before imposing any fine, suspending voting rights, or taking other disciplinary action, the Board shall provide notice and hearing to the Owner as provided in the Bylaws. Notwithstanding anything to the contrary contained in this Declaration, the Board shall not have the power to cause a forfeiture or abridgement of an Owner's rights to the full use and enjoyment of his Unit except where the loss or forfeiture is the result of the judgment of a court or a decision arising out of arbitration or on account of a foreclosure or sale under power of sale for failure of the Owner to pay Assessments levied by the Association. F. Utility Service. The Association shall have the authority to obtain, for the benefit of all of the Condominiums, all common water, gas and electric service, telephone, television and other telecommunications access and service (to the extent permitted by law), refuse collection and janitorial service. The Association shall maintain all utility installations located in the Common Area, except those installations maintained by utility companies. The Association shall pay all charges for utilities supplied to the Project except those metered or charged separately to the Units. G. Easements. The Association shall have authority to grant easements where necessary for utilities and sewer facilities over the Common Area to serve the Common Area and any of the Units as provided in Article 2. H. Manager. The Association shall have the authority to employ a manager or other persons, and to contract with independent contractors or managing agents to perform all or I. not exceed a one year term; and ii. provide for the right of the Association to terminate the contract at the first annual meeting of the Members of the Association, and to terminate the contract for cause on thirty days t written notice or, without cause or payment of a termination fee, on ninety days I written notice. I. Adoption of Rules. The Association may adopt reasonable rules not inconsistent with this Declaration relating to the use of the Common Area and the conduct of the Owners and their tenants and guests with respect to the Property and other Owners. An operating rule is valid and enforceable only if it is reasonable, in writing, within the authority of the Board conferred by law or by the Declaration, not inconsistent with the Governing Documents, and, if applicable, adopted, amended, or repealed in good faith and in substantial cornpliance with the provisions of Section 17 of the Bylaws. The Board shall furnish copies of the rules to all Owners. J. Access. In order to perform maintenance, repairs, or any other of its responsibilities, the Association, its agents and employees may enter any Unit or any portion of the Common Area at reasonable hours as provided in Article 2. Entry shall be made with as little inconvenience to the occupant as possible and any damage caused shall be repaired at the expense of the Association. Except in case .of an emergency, twenty-four hours I advance notice shall be given to the occupant prior to entry. K. Assessments. The Association shall have the power to levy and collect Assessments in the amount necessary for the purposes for which levied in accordance with the provisions of Article 4. L. Expenditures. The Association shall have the power to levy and collect Expenditures. The Board shall impose an Expenditure upon an Owner only after notice and hearing in accordance with Section 5.IE. An Expenditure is the personal obligation of the Owner against whom it is charged. If more than one person is the Owner, the personal obligation to pay the Expenditure shall be joint and several. Declarant agrees, for each Condominium in the Project owned by Declarant, and each Owner, by acceptance of a deed to a Condominium, is deemed to agree to pay to the Association Expenditures as provided in this Section 5.IL. An Expenditure is due fifteen days after receipt by the Owner of written notice from the Board of the imposition of the Expenditure. The Board shall impose on any delinquent expenditure a late charge often percent of the delinquent Expenditure or $10.00, whichever is greater. A late charge mav not be imnosed more than once on anv delinouent OOOKKeeplng, Dllung, or orner aamlnlstratlve costs resulting ftom the delinquent Expenditure. Any Expenditure not paid within thirty days after the due date also shall bear interest at the rate of twelve percent per annum, through and including the date full payment is received by the Association. In any action to collect an Expenditure, the Association shall be entitled to costs of collection and attorneys' fees. An Expenditure shall ,become a lien upon a Unit upon the recording of a Notice of Delinquent Assessment whiCh contains the information set forth in Section 4. lIB; however, the lien created thereby may not be enforced by sale of the Condominium pursuant to Civil Code Sections 2924, 2924b and 2924c. M. Acquisition and Disposition of Property. The Association shall have the power to acquire, own, improve, operate, maintain, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with its affairs. N. Loans. The Association shall have the power to borrow money and, with the vote or written consent of a majority of the voting power of the Association other than Declarant in accordance with the provisions of Section 3.3B, to mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred. o. Contracts. The Association shall have the power to contract for goods and services for the Common Area or the Association. . P. Vacallcies on Board. The Board shall have the power to fill vacancies on the Board, except for a vacancy created by the removal of a Director pursuant to Section 4.6 of the Bylaws. Q. Delegation. The Association shall have the power to delegate its authority and powers to committees, Officers, or employees of the Association. The Association may not, however, delegate the following powers: I. file litigation; ii. record a lien or foreclose for failure to pay Assessments; iii. make capital expenditures; iv. impose discipline and levy Expenditures for violations of the Governing Documents; or :'02, LI1VlITATIUN UN .PUW EKS UJj' TtlE BOARD - PROHIBITED ACTS. The Board shall not take any of the following actions, without the vote or written consent of a quorum of Members other than Declarant who cast a majority of votes in accordance with the provisions of Section 3.3B: A. enter into a contract with a third person for goods or services for the Common Area or the Association for a term longer than one year with the following exceptions: I. a management contract, the terms of which have been approved by the Federal Housing Administration or Veterans Administration; ii. a contract with a public utility company if the rates charged for the materials or services are regulated by the Public Utilities Commission; provided however, that the term of the contract shall not exceed the shortest term for which the supplier shall contract at the regulated rate; iii. prepaid casualty and/or liability insurance policies of not to exceed three years duration provided that the policy permits short rate cancellation by the insured; iv. lease agreements for laundry room fixtures and equipment of not to exceed five years duration provided that the lessor under the agreement is not an entity in which Declarant has a direct or indirect ownership interest of 10 percent or more; v. agreements for cable television services and equipment or satellite dish television services and equipment of not to exceed five years duration provided that the supplier is not an entity in which Declarant has a direct or indirect ownership interest of 10 percent or more; vi. agreements for sale or lease of burglar alarm and fire alarm equipment, installation and services of not to exceed five years duration provided that the supplier or suppliers are not entities in which Declarant has a direct or indirect ownership interest of 10 percent or more. vii, a contract for a term not to exceed three years that is terminable by the Association after no longer than one year without cause, penalty or other obligation upon ninety (90) days written notice of termination to the other party. B. incur aggregate expenditures for capital improvements to the Common Area in any fiscal year in excess of five percent of the budgeted gross expenses of the Association for that fiscal year; tlscal year; or D. pay compensation to Directors or to the Officers of the Association for services performed in the conduct of the Association's business. However, the Board may reimburse a Director or Officer for reasonable expenses incurred in carrying on the business of the Association. ARTICLE 6 Architectural Control 6.1 APPRO V AL REQUIRED. The prior written approval of the Board is required before an Owner may: A. make any improvements or modifications to any portion of the Cornmon Area, including Exclusive Use Common Area appurtenant to the Owner's Unit. B. make any improvements or modifications within his Unit that may affect structural Common Area, increase the burden on common building systems, result in an increase in sound transmission between Units, or otherwise adversely affect the Common Area or other Units. A decision to grant or deny permission to make an improvement is within the discretion of the Board, provided that it is made in good faith and is not unreasonable, arbitrary or capricious. In making its decision, the Board may take into account subjective factors such as the quality of workmanship, design, harmony of external design with existing structures, and location in relation to surrounding structures, 6.2 PROCEDURES. Procedures for application and review of a proposed improvement are set forth in the Bylaws. 6.3 IMPROVEMEr~TS TO FACILITATE ACCESS FOR Ph..-..riSICALLY DISABLED. PERSONS. The Board may not deny approval of any modification to a Unit to facilitate access for persons who are blind, visually handicapped, deaf, or physically disabled, or to alter conditions which could be hazardous to these persons, without good cause. The requested modifications may include modifications of the route from the public way to the door of the Unit if the Units is already accessible by an existing ramp or elevator. The Board may condition its approval of such modifications in accordance with the provisions of Civil Code section 1360. The cost of the modification must be paid by the requesting Owner. 6.4 ANTENNAS. Approval of the installation or use of a satellite dish. video or television teleVISIon antenna IS wIt111n the dlscretlon ot the Hoard. 6.5 DECLARANT EXEMPT. Declarant is exempt from the approval requirements of this Article for a period of three years from the date of issuance of the most recent final subdivision public report for the Project. ARTICLE 7 Use Restrictions In addition to all other restrictions contained in this Declaration, the use of the Property and each Condominium is subject to the following provisions. 7.1 CONDOMINIUM USE. All Condominiums shall be used for residential purposes. No trade or business may be conducted in any Condominium except for administrative and professional practice as allowed by local ordinance, and except for use by Declarant in connection with Declarant's sales activities as provided in Section 7.2. No tent, trailer, garage or structure of a temporary character may be used at any time as a residence. 7.2 SALES ACTIVITIES. Declarant may use any Units in the Project owned by Declarant to conduct sales activities and as sales models until all Units have been sold. In addition, Declarant may make reasonable use of the Common Area as a sales office, maintain reasonable displays and conduct reasonable activities within the Common Area related to sales of the Units. However, Declarant I s use of the Common Area shall not interfere wIth the use of the Common Area by the Owners. 7.3 USE OF PARKING SPACES. There are guest parking spaces and Exclusive Use Common Area parking spaces located in the Common Area of this Project. Guest parking spaces may be used by guests of residents of the Project for short-term parking. Overnight parking is prohibited. Owners and occupants of the Project are not permitted to park their vehicles in guest parking spaces. Parking by commercial vehicles for the purpose of making deliveries to residents of the Project is permitted in the guest parking spaces. The Board may adopt additional rules and regulations regarding the use of guest parking spaces. Exclusive Use Common Area parking spaces shall be used solely for parking of bicycles and non-commercial passenger motor vehicles, which means automobiles, SUVs, station wagons, pickup trucks, motorcycles and light vans. No person shall park a motor vehicle anywhere upon the Property other than his designated parking space or parking areas designated by the Board for temporary parking. The Board shall assign or otherwise designate the use of parking spaces which are not appurtenant to the Units . remporarlly must reassIgn the hanClICap parkIng space to an Uwner who becomes handicapped or to a new Owner who is handicapped ("the handicapped Owner") at the written request of the handicapped Owner. The affected Owner will be reassigned the parking space the handicapped Owner has the right to use. The right of the handicapped Owner to use the handicap parking space terminates when the handicapped Owner ceases to be handicapped or when the handicapped Owner ceases to occupy a Condominium at the Development. In either of these events, the affected Owner may reoccupy the handicap space. Evidence of handicap statqs must be by license plate or placard issued by the California Department of Motor Vehicles. The Board may adopt rules with respect to the use and exchange of parking spaces between a handicapped Owner and an affected Owner, including, upon written request by the affected Owner to the Board, a hearing and the opportunity for the affected Owner to be heard and review the evidence of handicap. The right to exchange a non-handicap parking space for a handicap parking space is available to any handicapped Owner on a first-come, first-served basis. If there is more than one handicapped Owner at the Developrnent, the Board must determine which handicapped space will be assigned to each of the handicapped Owners. A van customized for a handicapped driver may be parked in a handicap parking space. Repair or washing of any motor vehicle shall not be permitted anywhere on the Property, except an emergency repair. Each Owner shall keep his designated parking space neat and clean and shall immediately remove any oil, grease or other waste emitted from his vehicle. No vehicle shall be operated upon the Project which emits extraordinary and offensive levels of exhaust pollution, oil, grease or noise, as such levels may be determined by the Board. Any violation of this Section may be rectified by the Association causing the vehicle to be towed and stored at the Owner's expense, and each Owner, trespasser, licensee, and invitee, shall indemnify, defend and hold the Association, its Board members, officers, manager and employees harmless for any damage to person or property which may result. 7.4 NUISANCE. No person may interfere with the quiet enjoyment of any other resident of the Project, or carryon any activity in any part of the Property which is noxious, illegal, seriously annoying or offensive to a person of reasonable sensibility. No activity may be carried on which increases the rate of insurance for the Project, or causes any insurance policy to be canceled or not renewed, or which will impair the structural integrity of any building. 7.5 SIGNS. The following signs may be posted within the Common Area: (I) project identification and other signs approved by the Board, (ii) signs maintained by Declarant in connection with Declarant's sales activities, and (iii) "For Sale" or "For Rent" signs provided they do not exceed five square feet in size. "For Sale" or "For Rent" signs may be posted only on those parts of the Common Area easily viewed by the general public and designated by the Board. All other signs are prohibited in the Common Area. arm oanners ana Hags may not exceed 15 square feet in size. An Owner may display a flag of the United States of any size made of fabric, cloth or paper on or in the Owner's Unit or Exclusive Use Common Area appurtenant to the Unit. All other signs, posters, flags and baI1..11ers are prohibited. 7.6 ANIMALS. No animals shall be kept in any Unit or Common Area except for domestic dogs or cats (not to exceed a total of two such animals per Unit), fish, and birds inside bird cages. The following breeds of dogs are prohibited from the Project: Pit .Bull, Presa Canario, and Rottweiler. Permitted animals shall not be kept, bred, or raised for commercial purposes. Any dog in the Common Area (other than an Exclusive Use Common Area appurtenant to its Owner's Unit) shall be leashed, After making a reasonable attempt to notify the Owner, the Association or any Owner may cause any unleashed animal found within the Common Area to be removed to a pound or animal shelter by calling the appropriate authorities. The Owner may, upon payment of all expenses, repossess the animal. Pet owners shall prevent their pets from soiling the Common Area except as allowed under rules about the keeping and control of pets in the Units and Common Area, as may be adopted by the Association from time to time. Pet owners shall clean up after their pets immediately, The Association can prohibit the keeping of any animal that in the sole and exclusive opinion of the Board constitutes a nuisance or danger to any other Owner. Each person bringing or keeping a pet uponthe Project shall be liable to other Owners, their family members, guests, invitees, tenants, and contract purchasers, and their respective family memb~rs, guests, and invitees for any damage to persons or property proximately caused by any pet brought upon or kept upon the Project by that person or by members of his family, his guests, or invitees. 7.7 GARBAGE DISPOSAL. All garbage and other waste shall be kept in sanitary containers and regularly removed from the Property. Equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition and shall be kept only on the portion of the Common Area designated by the Board. 7.8 RIGHT TO LEASE. No Owner may rent a Condominium for transient or hotel purposes, which shall be defined as: A. rental for any period less than thirty days, or B. any rental if the occupants are provided customary hotel services such as room service for food and beverage, maid service, furnishing laundry and linen, and bellboy service. Subject to these restrictions, an Owner may lease his Condominium, provided the lease is in writing, is made subject to the Governing Documents, and a copy of the lease is sent to the Association. 7.9 CLOTHES LINES. No exterior clothes lines may be erected and there may be no outside laundering or drying of clothes. 7.10 STORAGE. Any obstruction of the Common Area is prohibited. Nothing may be stored in the Common Area without the prior consent of the Board, except in designated storage areas. 7.11 WINDOW COVERING. All window coverings visible from the street or Common Area shall be in a neutral color, unless otherwise approved by the Board. 7.12 FLOOR COVERING. Each hallway and room other than the kitchen and bathrooms in all Units shall have carpet and pad or other noise deadening materials approved by the Association in eighty percent of its square- footage, in order to reasonably reduce noise. An Owner may not remove or replace carpet and pad or other flooring materials installed by Declarant or any Owner urJess the replacement materials have an acoustical insulation value equal to or greater than the acoustical insulation value of the flooring materials which have been removed or replaced. Prior to removing or replacing any flooring materials, an Owner must provide to the Association information on the acoustical insulation value of the replacement materials, ARTICLE 8 Mortgage Protection Provisions 8.1 MORTGAGE PERMITTED; VALIDITY OF MORTGAGE LIEN. Any Owner may encumber his Condominium with a Mortgage. A breach of any of the provisions of this Declaration does not invalidate the lien of a first Mortgage made in good faith and for value. This Declaration is binding upon and effective against any Owner whose title is derived through foreclosure or trustee's sale, or otherwise. 8.2 REQillRED CONSENT OF ELIGIBLE MORTGAGE HOLDERS. A. ELIGIBLE IVIORTGAGE HOLDER. As used in this Section 8.2, "eligible mortgage holder" means a first Mortgagee, or the insurer or governmental guarantor of a first Mortgage, that has submitted a written request to the Association to notify it on any proposed action that requires the consent of a specified percentage of eligible mortgage holders. B. AMENDMENTS OF A MATERIAL NATURE. Amendments of a material nature to the provisions of the Governing Documents require the vote or prior written consent of sixty -seven percent (67 %) of the total voting power for the Association (based on one vote for each Condominium, unless a higher percentage of voting power is specifically required ellglDle mongage nOl0ers. Changes to provisions governing any of the following are material: (I) voting rights; (ii) increases in assessments that increase the previously assessed amount more than twenty-five percent (25 % ), assessment liens or priority of such liens; (iii) reductions in reserves for maintenance, repairs and replacement of the Common Area; (iv) hazard or fidelity insurance requirements; (v) reallocation of interests in or rights ~o use the Common Area or Exclusive Use Common Area; (vi) responsibility for maintenance and repair of the Project; (vii) _ expansion or contraction of the Project or the additions, annexation or withdrawal of property to or from the Project; (viii) redefinition of boundaries of any Unit; (ix) convertibility of Units into Common Area or of Common Area into Units; (x) imposition of any restrictions on the leasing of Units; (xi) imposition of any right of first refusal or any other restriction on the right of an Owner to sell, transfer, or otherwise convey his Condominium; (xii) restoration or repair of the Project (after a hazard damage or partial condemnation) in a manner other than that specified in the Governing Documents; (xiii) any provisions which are for the express benefit of mortgage holders, insurers or guarantors; (xiv) a decision by the Association to establish self management when professional management has been required previously by the Governing Documents or by an eligible mortgage holder. C. TERMINATION OF LEGAL STATUS OF PROJECT. I. Any action to terminate the legal status of the project after substantial destruction or condemnation occurs requires the vote or prior written consent of sixty-seven percent (67 %) of the total voting power of the Association (unless a higher percentage of voting power is specifically required elsewhere in this Declaration) and the approval by eligible mortgage holders that represent at least 51 % of the Units that are subject to mortgages held by eligible mortgage holders. ii. Any action to terminate the legal status of the project for reasons other than substantial destruction or condemnation require the vote or prior written consent of sixty-seven percent (67 %) of the total voting power of the Association (unless a higher percentage of voting power is specifically required elsewhere in this Declaration) and the approval the approval by eligible mortgage holders that represent at least 67% of the Units that are subject to mortgages held by eligible mortgage holders. D. IMPLIED CONSENT. For purposes of this Section 8.2, an eligible mortgage holder is assumed to have approved a written proposal if it fails to submit a response to the proposal within 30 days after it has received proper notice of the proposal, provided the notice was delivered by certified or registered mail, "return receipt" requested. percent t of '10) ot aU Uwners or first Mortgagees (based on one vote for each Condominium encumbered) have given their prior written approval, neither the Association nor the Owners may do any of the following. For purposes of this Section 8.3; a first Mortgage is assumed to have approved a written proposal if it fails to submit a response to the proposal within 30 days after it has received proper notice of the proposal, provided the notice was delivered by certified or registered mail, "return receipt" requested. A. By act or omission, seek to abandon or terminate the Project; B. Change the pro-rata interest or obligations of any Condominium for purpose of levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards or for determining the pro-rata share of ownership of each Condominium in the Common Area; c. Partition or subdivide any Condominium; D. By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area. (The granting of easements for public utilities or for other public purposes consistent with the intended use of said areas by the Association or the Owners shall not be deemed a transfer within the meaning of this clause); or E. Use hazard insurance proceeds for losses to the Property (whether to Units or Common Area) for other than the repair, replacement or reconstruction of the Property except as provided by statute in case of substantial loss of the Units or Common Area. 8.4 NOTICE TO MORTGAGE HOLDERS, INSURERS AND GUARANTORS. Upon written request to the Association identifying the name and address of the mortgage holder, insurer or guarantor and the Unit number or address of the Unit, a mortgage holder, insurer or guarantor is entitled to timely written notice of the following: A. Any condemnation loss or any casualty loss that affects a material portion of the Project or the Unit securing its mortgage; B. Any 60-day delinquency in the payment of Assessments owed by the Owner of any Unit on which it holds the mortgage; C. Any lapse, cancellation or material modification of an insurance policy or fidelity bond maintained by the Association; or D. Any proposed action that requires the consent of eligible mortgage holders, as specified in Section 8.2. ft. 1"\11 vwners ana lenaers, ana all holders, Insurers or guarantors of any first Mortgage are entitled to inspect current copies of the Declaration, Bylaws, the Association rules and any other rules concerning the Project and the books, records and financial statements of the Association. Inspection may be made upon request, during normal business hours or under other reasonable circumstances. B. If the Association has not prepared an audited finaucial statement, the holder, insurer or guarantor of any first Mortgage may have an audited financial statement for the immediately preceding fiscal year prepared at its own expense . C. Upon written request to the Association, a first Mortgagee is entitled to receive written notice of, and may appear (but not vote) at meetings of the Owners and the Board. 8.6 LIMITATION ON RIGHT OF FIRST REFUSAL. The Governing Documents contain no provision creating a "right of first refusal," but should any of these rights be created in the future, they must not impair the rights of any first Mortgagee to foreclose or take title to a Condominium pursuant to the remedies provided in the Mortgage, accept a deed (or assignment) in lieu of foreclosure in the event of a default by the Mortgagor, or sell or lease a Condominium acquired by the Mortgagee. 8.7 PRIORITY AS TO PROCEEDS AND AWARDS. No Owner or other party has priority over the rights of a Mortgagee pursuant to its Mortgage i~ the case of a distribution to Owners of insurance proceeds or condemnation awards for losses to or taking of Units or the Common Area. 8.8 SUBORDINATION; FORECLOSURE OF ASSESSMENT LIENS. Any lien created or claimed under the provisions of this Declaration is subject and subordinate to the rights of any first Mortgagee with a first Mortgage that encumbers a Condominium, and will not defeat, invalidate or impair the obligation or priority of a first Mortgage unless the Mortgagee expressly subordinates its interest in writing. The holder of a first Mortgage that obtains title to a Condominium pursuant to a foreclosure proceeding is not liable for unpaid Assessments and charges that accrued prior to its acquisition of the Condominium. However, a first Mortgagee is liable for any Assessments becoming due after the date of the transfer. Subsequently levied Assessments may include previously unpaid Assessments provided all Owners are required to pay their proportionate share of the previously unpaid Assessments, 8.9 LIEN ON INDIVIDUAL UNIT. All taxes, assessments and charges which may becomeJiens prior to a first Mortgage under local law relate only to the individual Units and not to the Project as a whole. Insurance, Destruction of Project, Condemnation 9.1 INSURANCE COVERAGE. A. The Association shall acquire and maintain the following insurance coverage: I. Fire and Casualty. The Association must,obtain coverage against losses due to fire and other casualties normally covered. by a II special form" policy or its . equivalent. The policy must include coverage for (a) all Common Area improvements described in Section 1.6 and landscaping located within the Common Area, but excluding land, foundations, excavations and other items typically excluded from property insurance coverage, and (b) standard components of the Unit as described in section 2,2A that were originally installed by the Declarant, and any equivalent replacements to them. However, any upgrades installed by an Owner are excluded to the extent the replacement cost of the upgraded improvements exceeds the insurable replacement value of the original Unit improvements, as determined on the date that immediately precedes the date of the damage or destruction. Personal property and trade fixtures located in a Unit are also excluded. Coverage must be in an amount equal to the full insurable replacement cost of the covered property and include an agreed amount endorsement or its equivalent and a building laws endorsement or its equivalent; ii. Comprehensive General Liability. The Association must obtain and maintain comprehensive public liability insurance insuring the Association, any managing agent, Declarant, and the Owners and occupants of the Condominiums, and their respective family members, guests, invitees, and the agents and employees of each, against any liability incident to the ownership or use of the Common Area or any other real or personal property owned or maintained by the Association, and including, if obtainable on commercially reasonable terms, a cross-liability or severability -01'- interest clause or endorsement insuring the liability of each insured against claims by each other insured. The limits of the insurance may not be less than $2,000,000, or any greater amount required by Civil Code section 1365.9, covering all claims for death, personal injury, and property damage arising from a single occurrence. This insurance must include coverage against water damage liability, liability for non-owned and hired automobiles, liability for the property of others, and any other liability or risk customarily covered with respect to Projects similar in construction, location, and use; iii. Worker's Compensation Insurance. W or ker t s compensation insurance to the IV. .r lUelUY Dono. 1I requrrea by any InstItutlonallender, a fidelity bond or policy of insurance against dishonest acts on the part of any person entrusted with or permitted to handle funds belonging to or administered by the Association, including a professional manager and his employees, naming the Association as the insured. The bond or insurance shall be in an amount not less than one and one-half times the estimated annual operating expenses plus accumulated reserves of the Association. v. Director and Officer Liability Insurance. The Association shall purchase and maintain insurance in the amount of not less than five hundred thousand dollars ($500,000.00) or such greater amount as the Board deems reasonable on behalf of any director, officer or member of a committee of the Association against any liability asserted against or incurred by any of these persons in their capacity or arising out of their status as agents of the Association, regardless of whether the Association has the power to indemnify these persons against liability under applicable law or the bylaws. vi. Insurance Required by Certain Lenders. Notwithstanding the foregoing or any other provision of this Declaration, in the event the casualty, boiler or machinery, liability insurance and fidelity bond requirements established for condominium projects by the Federal National Mortgage Association ("FNMA ") or the Federal Home Loan Mortgage Corporation ("FHLMC") are greater than those insurance and fidelity bond requirements specified in this Declaration, the FNMA or FHLMC requirements, whichever are greater, shall be maintained by the Association. This requirement as to FNMA or FHLMC shall remain so long as FNMA or FHLMC is a Mortgagee, Insurer or Guarantor of a Mortgage, or an Owner of a Condominium within the Development; provided however, to the extent such coverage is not available or has been modified or waived in writing by FNMA or FHLM C, it need not be obtained. B. Review of Policies. All policies of insurance shall be reviewed at least annually and adjusted, if necessary, to provide such coverage and protection as the Association may deem prudent or as reasonably required by any first Mortgagee, c. Owner's Insurance. Each Owner must maintain property insurance insuring against losses to the Owner's personal property located within the Unit and Exclusive Use Common Area appurtenant to the Unit, and to upgrades and fixtures installed by the Owner that are part of the Unit and are not covered by the Association's property insurance described in section 9.1. Each Owner must maintain liability insurance insuring against any liability to persons or property arising from any act or omission occurring within the Owner's Unit. The Board may establish minimum insurance amounts. All individually owned insurance t;XleIll UI any QImlnUtlOn In Insurance proceeds payable to the Association resulting from doing so. The Association is not liable for damages incurred by an Owner on account of . injuries to person or property where the Owner fails to carry the required insurance. D. General Policy Provisions. Each insurance policy other than that referred to in Section 9. 1 C shall name as insureds the Association, as trustee for the Owners, and the Owners and shall provide that coverage may not be canceled or s,ubstantially changed without at least thirty days' prior written notice to the Association, each Owner, and his first Mortgagee. Each policy shall contain a waiver of subrogation by the insurer as to all claims against the Association, Declarant, the Owners and their agents, employees and tenants. Each policy shall also contain a waiver of any defenses based upon co-insurance or upon invalidity arising from the acts of the insured. Where applicable, the policy must be primary and non- contributing with any other insurance policy covering the same loss. E. Additional Insurance. I'-~othing in this Section restricts or prohibits the Board from maintaining additional policies of insurance as it, in its discretion, deems necessary or reasonable, or as reasonably required by any first Mortgagee. F. Insurance Premiums. Insurance premiums shall be a Common Expense to be included in the Regular Annual Assessment levied by the Association. 9.2 DAMAGE OR DESTRUCTION OF PROJECT. A. Damage to a Single Unit. If a single Unit within the Project is damaged by a casualty which is covered by insurance, the insurance proceeds shall be paid to the Owner of the Unit and his Mortgagee according to their respective interests in the Condominium. The insurance proceeds shall be used to rebuild and repair the Unit. If the proceeds are insufficient to complete the work, the Owner shall pay whatever additional sums may be necessary to complete the rebuilding and repair. If a single Unit within the Project is damaged by a casualty which is not covered by insurance, the entire cost of repairing and rebuilding the Unit shall be paid by the Owner. B. Damage to Two or More Units or Common Area. If the damage extends to two or more Units or any part of the Common Area, the following procedures shall be employed for disposition of insurance proceeds and guidance in reconstruction: I. Minor Casualty. If the available insurance proceeds initially offered or paid by the insurer exceed ninety percent (90 %) of the cost of repairing or rebuilding, the insurance proceeds shall be paid to a bank, savings and loan association, or another trustee designated by the Board (" insurance trustee"). The Board, on behalf of the compensanon. Toe tioard shall promptly contract to repair and rebuild the damaged portions of all Units and the Common Area. If the insurance proceeds are insufficient to pay all of the costs of repairing or rebuilding, the Board shall levy a Special Assessment on all Owners, subject to the provisions of this Declaration governing Special Assessments and membership approval of them. ii. Major Casualty. If subparagraph .9.2B.i. is inapplicable, (including inapplicability due to the fact that the damage is uninsured) then the following shall . apply: a. Any insurance proceeds shall be paid to the insurance trustee and held for the benefit of the Owners and their Mortgagees, according to their respective interests in the Condominiums. b. The Board shall obtain finn bids, including the obligation to obtain a performance bond, from two or more responsible contractors to rebuild the Project. The Board shall promptly call a special meeting of the Owners to consider the bids. The Board may also obtain an estimate from the insurance carrier of the work it will perform for the amount of the insurance coverage. If the Board fails to do the above within sixty days after the casualty occurs, any Owner may obtain the contractors I bids or insurance estimate and call and conduct the meeting to consider the bids. Failure by the Board and the Owners to call a meeting or to repair the casualty damage within twelve months from the date the damage occurred shall be deemed a decision not to rebuild the damaged or destroyed improvements. At the meeting, the Owners may vote to reject all bids or estimates and not rebuild. A vote of fifty-one percent (51 %) of each class of Members shall be required to reject all bids or estimates. Failure to reject all bids and estimates shall authorize the Board to accept the unrejected bid it considers most favorable, unless acceptance of that bid would require the levy of a Special Assessment. In that case, the acceptance shall only be granted following membership approval of the Special Assessment pursuant to Section 4.4. If membership approval of the Special Assessment is not obtained, the bid shall be deemed to have been rejected. c. If a bid or estimate is accepted, the Board shall levy a Special Assessment on all Owners to make up any deficiency between the total insurance proceeds and the cost of the repairs or rebuilding. The Assessment and all insurance proceeds, whether or not subject to liens of Mortgagees, shall be paid to the insurance trustee to be used for the rebuilding. tloara. t<or the purposes of effecting a sale under this Section, each Owner grants to the Association an irrevocable power of attorney to sell the entire Project for the benefit of the Owners, to terminate the Declaration and to dissolve the Association. This Declaration shall then terminate. The net proceeds and all funds held by the insurance trustee shall be distributed to the Owners and their respective Mortgagees proportionately, according to the respective fair market values of th~ Units at the time of the destruction as determined by a qualified independent appraiser with an M. A. I. certificate or the equivalent. The appraiser shall be selected by the Board. The Association shall pay the cost of the appraisal. If the Association fails promptly to sell the Project, any Owner may bring an action for judicial partition of the tenancy in common ownership of the Project. C. Standards for Rebuilding and Repair. All reconstruction of the Project shall be made in accordance with the conditions existing immediately prior to the damage, modified to comply with building codes and construction standards in effect at the time of the rebuilding. D. Full Insurance Settlement. Notwithstanding any provision to the contrary, if the insurance carrier offers the full amount required to repair and restore all of the damage, then the Board must contract to repair and rebuild the damaged portions of all Units and the Common Area in the manner provided in Section 9. 2B. i. for a minor casualty. E. Emergency Repairs. Without waiting to obtain insurance settlements or bids, the Board may undertake emergency repair work as it deems necessary. F. Notice of Damage or Destruction. Within sixty days after damage or destruction occurs, the Board or, if it does not, any Owner, Mortgagee, the insurer or the insurance trustee, shall record in the Recorder's Office of the County of San Mateo, California, a sworn declaration setting forth a description of the damage or destruction, the name of the insurer against whom the claim is made, the name of the insurance trustee and that the sworn declaration is recorded pursuant to this Section of the Declaration. 9.3 CONDEMNATION. The Association shall represent the Owners in any condemnation proceedings or in negotiations, settlements and agreements with the condemning authority for acquisition of the Common Area, or part thereof. In the event of a taking or acquisition of part or all of the Common Area by a condemning authority, the award or proceeds of settlement shall be payable to the Association, or any trustee appointed by the Association, for the use and benefit of the Owners and their mortgagees as their interests may appear. In the event of a taking of any Condominium in the Project by eminent domain, the Owner shall be entitled to receive the award, After acceptance of the award; the Owner and his Mortgagee shall be divested of all interest in the be resurveyed, It necessary, and the Declaration shall be amended to readjust proportionately the percentages of undivided interest of the remaining Owners. If the Owners decide not to rebuild the Project, the Project shall be sold in accordance with the procedure set forth in Section 9.2Bji.d. An award for a taking which extends to two Condominiums or the Common Area shall be apportioned among the Owners according to a court judgment or agreement between the condemning authority and each of the Owners. In the absence of such an apportionment, the award shall be distributed among the Owners and their respective Mortgagees according to the relative values of the Condominiums affected as determined by independent appraisal in accordance with the procedure set forth in Section 9.2B.ii.d. ARTICLE 10 General Provisions 10.1 DISPUTE RESOLUTION -- ALTERNATIVE DISPUTE RESOLUTION; LEGAL ACTION. A. LEGAL ACTIONS AGAINST DECLARANT FOR DEFECTS IN DESIGN OR CONSTRUCTION. The following provisions apply where the Association seeks to take legal action against Declarant or other party who may be liable for defects in design or construction of the Project. I. Notice to Owners. At least 30 days before filing any civil action against Declarant or other developer of the Project f<?r alleged damage to the Common Area or portions of Units that the Association is obligated to maintain or repair, or alleged damage to a Unit that arises from, or is integrally related to, damage to the Common Area or a portions of Units that the Association is obligated to maintain or repair, the Board must provide written notice that complies with Civil Code ~1368.5 to each Owner who appears on the records of the Association when the notice is provided. The notice must specify (1) that a meeting will take place to discuss problems that may lead to the filing of a civil action, (2) the options, including civil actions, that are available to address the problems, and (3) the time and place of the meeting. Despite the above, if the Association has reason to believe that the applicable statute of limitations will expire before the Association files the civil action, the Association may give notice, as described above, within 30 days after filing the action. ii. Notice of Proceeding. The Association may not file a complaint for damages against Declarant, or against any builder, developer or general contractor of the Project based upon defects in the design and construction of the PrOlp.ct lmle~~ the WIth the other requIrements of section 1375, including mandatory alternative dispute resolution. B. ACTIOl~S BY THE ASSOCIATION OR AN OWNER TO ENFORCE GOVERNING DOCUMENTS. The Association or any Owner may enforce the Governing Documents. The parties to a dispute between the Association and an Owner must, in all cases, use good faith efforts to resolve the dispute using alternative dispute resolution procedures described in the Bylaws. N either the Association nor an Owner may file an action in the superior court for enforcement of the Governing Documents that includes a request for declaratory, injunctive, or writ relief unless the parties have endeavored to submit their dispute to alternative dispute resolution as required by sections 1369.510 through 1369.580 of the Civil Code and according to the procedures set forth in the Bylaws. An Owner may not seek to enforce this Declaration until it has delivered a written request for enforcement by the Association and the Association has refused to perform or has not responded to the request within 60 days from the date of delivery. The foregoing does not apply to a small claims action or an assessment dispute. This provision applies to any dispute between the Association and Declarant acting it its capacity as an Owner of a Unit and that does not arise out of defects in design or construction of the Project. C. CIVIL CODE SECTIONS 910-938 PRELITIGATION REQUIREMENTS. Notwithstanding the foregoing and if the "builder" as defined in Civil Code section 911 has met the requirements of Civil Code section 912, the Association must comply with the prelitigation requirements of Civil Code sections 910-938 before the Association may bring any legal action or other proceeding against Declarant, or a builder, developer, or contractor, for defects in the design and construction of the Development or for a violation of the functionality standards set forth in Civil Code sections 896-897 ("functionality standards") . It is Declarant's intent to relinquish control over the Association's ability to decide whether to initiate a claim for violation of the functionality standards from and after the date of substantial completion of the Development. Therefore, a director appointed by Declarant or elected by votes cast by Declarant has no power or authority to participate in or vote on any action taken by the Association to initiate a claim for violation of the functionality standards. A decision by the Board to initiate a claim for violation of the functionality standards also requires a Vote of the Class A Owners only, or where the two class voting structure is no longer in effect, a Vote of the Owners other than Declarant. This section becomes effective automatically on the date that the first director is elected to the Board lU.'" T~KlVl. ThIS DeclaratIon shall continue for a term of fifty years from the date it is recorded, except as provided in Sections 9.2 and 9.3. After that fifty year period, this Declaration shall be extended automatically for successive periods of ten years, unless two-thirds of the Owners vote to change the Declaration or to terminate it, and an instrument in writing to that effect is recorded within the year preceding the beginning of the next period of ten years. 10.3 Al\1ENDMENTS. This Declaration may be amended by an instrument in writing signed and acknowledged by the President or the Secretary of the Association certifying under penalty of . perjury that the amendment was adopted with the required consent of the Owners, which is the vote or written consent of a majority of all Owners, excluding Declarant. Any amendment which affects some but not all of the Condominiums shall also require the vote or written consent of a majority of the Owners of the Condominiums affected by the amendment. Where a greater percentage than a majority is required to amend any provision of this Declaration, amendment of that provision shall require the vote or written consent of the prescribed percentage of all Owners, excluding Declarant. Any amendment which changes the obligation of the Association to maintain landscaping and landscaping and other Common Area improvements must have the prior written approval of the City of South San Francisco before it is recorded. Any amendment must be recorded and shall become effective only upon being recorded in the Recorder's Office of the County of San Mateo. No amendment shall adversely affect the rights of the holder of any Mortgage of record recorded prior to the amendment. This Declaration may also be amended in accordance with the provisions of Civil Code Section 1356. 10.4 OWNER'S MAINTENANCE AND REPAIR OBLIGATIONS. A. Unit. Each Owner shall maintain his Unit in good condition and repair at his own expense. Each Owner must perform commonly accepted homeowner's maintenance and repair responsibilities within his Unit. Each Owner shall comply with maintenance standards and guidelines provided by the Association or by Declarant upon initial sale of the Unit, and with manufacturers' instructions for all improvements and fixtures that are part of the Unit, such as appliances, countertops, cabinets, and wall and floor coverings. An Owner rnay rnake any improvements or alterations within his Unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the Project. Each Owner has the exclusive right to paint, plaster, panel, tile, paper or otherwise refinish and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding his Unit. B. Exclusive Use Common Areas. Each Owner shall keep all Exclusive Use Common Areas appurtenant to his Unit clean and neat. Each Owner shall repair and replace window glass in the windows of his Unit. responsIble to maintain, that is evident from within the Owner's Unit or from an Exclusive Use Common area appurtenant to the Owner's Unit. If an Owner fails to make a report promptly to the Association, the Owner is responsible for the cost of the work attributable to damage resulting from the Owner's delay in reporting that is not covered by insurance, or that is not paid by the Ass9ciation' s insurance carrier if the condition is covered by insurance. The Association may levy an Expenditure against the Owner if the Owner fails to reimburse the Association for the cost of the worl\. D. Failure to Maintain and Repair. If an Owner fails to maintain the interior of his Unit or the Exclusive Use Common Areas appurtenant to his Unit as required by the Governing Documents, the Association may, after notice and hearing as provided in the Bylaws, enter the Unit and perform the necessary work. The Owner is responsible for the cost of the work that is not covered by insurance, or that is not paid by the Association's insurance carrier if the condition is covered by insurance, The Association may levy an Expenditure against the Owner if the Owner fails to reimburse the Association. 10.5 OWNER'S COMPLIANCE. Each Owner shall comply with the provisions of this Declaration, the Articles, the Bylaws, the rules and regulations, and the decisions and resolutions of the Association. All agreements and determinations lawfully made by the Association in accordance with the voting percentages established in this Declaration, the Articles or the Bylaws, shall be binding on all Owners, their successors and assigns. 10.6 NOTICES. Any notice permitted or required by the Governing Documents may be delivered either personally or by first-class or registered mail. If delivery is by mail, the notice shall be deemed delivered seventy-two hours after a copy of it has been deposited in the United States mail, postage prepaid, addressed to each Owner at the current address given by him to the Secretary of the Board or addressed to the Unit of the person if no address has been given to the Secretary. 10.7 FAIR HOUSING. No Owner shall, either directly or indirectly, forbid or restrict the conveyance, encumbrance, leasing, or occupancy of his Unit to any person of a specified race, color, religion, ancestry, national origin, sex, marital status or physical disability. 10.8 SINGULAR AND PLURAL. The singular and plural number and masculine, feminine and neuter gender shall each include the other where the context requires. 10.9 STATUTORY REFERENCES. References to particular statutes of the State of California shall include any amendment of the statute. If a particular statute is repealed, reference to the statute shall include another statute which thereafter governs the same subject. or enrOrCeaDlllty or the others. 10.11 CONSTRUCTION OF PROVISIONS. The provisions of this Declaration shall be liberally construed to effect its purpose of creating a uniform plan for the development and operation of a condominium project pursuant to the provisions of Section 1350 et seq. of the California Civil Code. 10.12 INCONSISTENCY IN DEFINITIONS. If there are any inconsistencies in the definitions contained in the Declaration and the notes on the Map or the Condominium Plan, the. definitions contained in the Declaration shall control. Patrick Doherty Declarant has executed this Declaration on Frances Doherty ,20_ LUU1'l1 r Ul< } On appeared , before me, . Notary Public, personally personally known to me . (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that 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. WITNESS my hand and official seal. Signature 90 OAK AVENUE A RESIDENTIAL CONDOMINIUM PROJECT EXIllBIT "A" ALL that certain real property, as shown on that certain map entitled "Parcel Map, 90 Oak A venue, South San Francisco, San Mateo County, California, which .depicts the mergers of lots 011-313- 070,011-313-080, and 011-313-090 into one lot per the "Notice of Property Merger" recorded on April 12, 2005, under instrument number 2005-058783 in the Office of the Recorder of the County of San Mateo, State of California, II which map was filed for record in the Office of the Recorder of the County of San Mateo, State of California, on , 20_, in Book of Condominium Maps at pages through , inclusive. U~ 90 OAK AVENUE HOMEOWNERS' ASSOCIATION 1. Name and Location. The name of the Association is 90 Oak A venue Homeowners' Association. The principal office of the Association shall be located at 90 Oak A venue, Unit 1, South San Francisco, California 94080. 2. Definitions. 2.1 "Declaration" shall mean the Declaration of Restrictions applicable to the Property recorded on 20 Series No. in the Official Records of County of San Mateo. 2.2 The definitions contained in the Declaration are incorporated by reference into these Bylaws. 3. Meetings of Members. 3.1 Location. Meetings of Members of the Association shall be held at the Project, or at another location as close to the Project as possible. The Board shall determine the location of meetings. 3.2 Regular Meetings. Regular meetings of Members shall be held at least once each calendar year. The first regular meeting of the Members shall be held within forty-five days after the conveyance of more than fifty percent of the Condominiums in the Project, but in no event shall the meeting be held later than six months after the closing of the sale of the first Condominium. Subsequent regular meetings of Members shall be held within fifteen days of the same date each year at 7:30 p.m. 3.3 Special Meetings. Special meetings of Members shall be promptly scheduled by the Board upon the vote by a majority of a quorum of the Board, or upon written request of the Members representing at least five percent of the total voting power of the Association. 3.4 Notice. Written notice of each meeting of Members shall be given by the Board to each Member and each Mortgagee requesting notice at least ten but not more than ninety days before the meeting. Each notice shall be personally delivered or mailed, by first class mail, postage prepaid, and addressed to the Member's address which appears on the books of the Association, or which is supplied by the Member to the Association. Each notice shall specify the place, day and hour of the meeting, matters the Board intends to present for action by the Members, and, in the case of a special meeting, the purpose of the "'.~ llJuorum. lVlembers may be present at regular and special meetings either in person or by proxy. At any meeting, the presence of Members entitled to cast twenty-five percent of the votes of the membership shall constitute a quorum. If a quorum is not present at any meeting, a majority of the Members present and entitled to vote may adjourn the meeting to a date not less than five days. and not more than thirty days later, without notice other than announcemenJ at the meeting, until a quorum is present, but may transact no other business. If a time and place for the adjourned meeting. is not fixed by those in attendance at the original meeting, or if a new date is fixed for the adjourned meeting after adjourning, notice of time and place of the adjourned meeting shall be given to Members in the manner prescribed for regular meetings. The Members present at a meeting at which a quorum is originally present may continue to do business until adjournment, notwithstanding the withdrawal of enough Members to leave less than a quorum as long as at least twenty-five percent of the voting power of the Association remains present and provided any action taken shall be approved by at least a majority of the Members required to constitute a quorum, The foregoing right to take action with less then a quorum shall not apply to action taken to impose a Regular Annual Assessment which is more than twenty percent greater than the Regular Annual Assessment for the immediately preceding fiscal year in accordance with Section 4.3 of the Declaration, or to impose Special Assessments which in the aggregate exceed five percent of the budgeted gross expenses of the Associatio~ for that fiscal year in accordance with Section 4.4 of the Declaration, or to take any of the actions specified in Section 5.2 of the Declaration. Such actions shall require a quorum of fifty-one percent of the me~bership in all cases. 3.6 Proxies. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing, dated, signed by the Member, and filed with the Secretary before the meeting. Every proxy shall be revocable and shall automatically cease upon any of the following events: A. conveyance by the Member of his Condominium; B. receipt of notice by the Secretary of the death or judicially declared incompetence of the Member; or c. the expiration of eleven months from the date of the proxy or the time specified in the proxy, not to exceed three years. In any election of Directors, any proxy in which the Directors to be voted upon are named as candidates, and which a Member has marked in a manner indicating that the authoritv .n.uy 1U1111 U1 IJruxy ur wnnen oal1ot OlstflOuted. by any person to the membership of the Association shall afford the opportunity to specify a choice between approval and disapproval of each matter or group of matters to be acted upon, except it shall not be . mandatory that a candidate for election to the Board be named in the proxy or written ballot. The proxy or written ballot shall provide that, where the Member specifies a choice, the vote shall be cast in accordance with that choice. The proxy shall also identify the person or persons authorized to exercise the prpxy and the length of time it will be valid. . 3.7 Voting Rights. Voting rights shall be exercised as set forth in the Declaration. 3.8 Majority of Owners. Except as otherwise provided in these Bylaws or the Declaration, a majority of the total voting power present shall prevail at all meetings. 3.9 Action Without Meeting. Any action which may be taken by the voting Members at a regular or special meeting, except the election of Directors where cumulative voting is a requirement, may be taken without a meeting if done in compliance with Section 7513 of the California Corporations Code. 3.10 Parliamentary Procedure. Meetings of the Members shall be conducted in accordance with a recognized system of parliamentary procedure or such parliamentary procedures as the Association may adopt. 4. Election and Term of Office of Board of Directors. 4.1 Board of Directors. The Association shall be managed by a Board of Directors. Until the first election of the Board, the duties and functions of the Board shall be exercised by Declarant, 4.2 Number and Qualification. There shall be three Directors on the Board. After all Condominiums have been sold by Declarant, Directors must be Members of the Association. 4.3 Nomination. Nominations for the Board shall be made at the annual meeting. 4.4 Election. All Directors shall be elected at the first meeting of the Members of the Association, and at each subsequent regular meeting. The persons receiving the largest number of votes shall be elected. V oting shall be by secret written ballot. Cumulative voting shall be utilized during all elections in which two or more positions on the Board are to be filled subject only to the procedural prerequisite to cumulative voting prescribed in Section 7615(b) of the California Corporations Code. accorolng to tUe tOllowlng procedure. Twenty percent of the Directors shall first be elected by a vote of Members, excluding Declarant. The remaining Directors shall then be elected by a vote of Members including Declarant. 4.5 Term of Office. Directors shall serve for a term of one year. 4.6 Removal. Unless the entire Board is removed [rom office by the vote of Members, no Director shall be removed prior to the expiration of his term of office if the votes cast against removal would be sufficient to' elect him if voted cumulatively at an election at which the same total number of votes were cast and all the Directors were being elected. A Director who is elected solely by Members other than Declarant may be removed from office prior to expiration of his term only by the vote of a majority of Members other than Declarant. In the event of death or resignation of a Director, his successor shall be selected by a majority of the remaining ~v1ernbers of the Board and shall serve for the unexpired term of his predecessor, The Members may elect a Director at any time to fill any vacancy not filled by the Directors. 4.7 Compensation. Directors shall not be compensated. 4.8 Action Taken Without a Meeting. The Board may act without a meeting if all Directors consent in writing to the action to be tak~n. If action is taken without a meeting, an explanation of the action shall be posted in a prominent place in the Common Area within three days. 5. Meetings of Directors. 5.1 Regular Meetings. Regular meetings of the Board shall be held at least quarterly at a time and place within the Project as the Board determines, unless in the judgment of the Board a larger meeting room is required than exists in the Project, in which case the meeting room selected shall be as close as possible to the Project. Notice of the time and place of meeting shall be posted at a prominent place within the Common Area, mailed to any Owner who has requested notification of Board meetings by mail at the address requested by the Owner, and communicated to each of the Directors, not less than four days prior to the meeting. However, no notice need be given to a Director who has signed a waiver of notice, or a written consent to holding the meeting without notice. If the Common Area consists only of an easement or is otherwise unsuitable for posting of such notice, the Board shall communicate the notice of the time and place of such meeting by any means it deems appropriate. 5.2 Special Meetings. A special meeting of the Board shall be held when called bv naIDre or any speCIal bUSIness to be considered. The notice shall be sent to all Directors and posted in a prominent place within the Common Area at least seventy-two hours before the scheduled time of the meeting. However, no notice need be given to any Director who has signed a waiver of notice, or a written consent to holding of the meeting without notice. 5.3 Quorum. A majority of the Directors shall cOflstitute a quorum for the transaction of business. Every decision made by a majority of a quorum of Directors shall be binding. 5.4 Open Meetings. All meetings of the Board, except for executive sessions, shall be open to the Members. The Board shall permit any Member of the Association to speak at any meeting of the Association or the Board, except for meetings of the Board held in executive session. A reasonable time limit for aU Members of the Association to speak to the Board or at a meeting of the Association shall be established by the Board. 5.5 Executive Session. The Board may, with approval of a majority of its members present at a meeting in which a quorum for the transaction of business has been established, adjourn a meeting and reconvene in executive session to discuss and vote upon personnel matters, litigation in which the Association is or may become involved, matters that relate to the formation of contracts with third parties and similar orders of business. In addition, at a Member's request, the Board shall meet in executive session regarding any matter relating to discipline of a Member or the Member I s payment of an assessment, and the Member shall be entitled to attend the executive session, pursuant to the provisions of section 5.6. The nature of any business to be considered in executive session must first be announced in open session. Any matter discussed in executive session shall be noted generally in the minutes of the immediately following membership meeting that is open to the entire membership. 5.6 Member Discipline. When the Board is to meet to consider or impose discipline upon a Member, the Board must notify the Member in writing by either personal delivery or first-class mail, at least ten days prior to the meeting. The notification must contain at a minimum the date, tirl1e and place of the meeting, the nature of the alleged violation for which a Member may be disciplined and a statement that the Member has a right to attend and may address the Board at the meeting. If the Board imposes discipline on a Member, the Board must provide the Member a written notification of the disciplinary action, by either personal delivery or first-class mail, within fifteen days following the action. A disciplinary action shall not be effective against a Member unless the Board fulfills the requirements of this section. 6. General Powers and Duties of the Board. The Board shall have the powers and duties set forth in the Declaration, subject to the prohibitions set forth in the Declaration. 7.1. cause a current reconciliation of the Association I s operating accounts to be made and review the same; 7.2. cause a current reconciliation of the Association's reserve accounts to be made and review the same; 7.3. review the current year's actual reserve revenues and expenses compared to the current year's budget; 7.4. review the most current account statements prepared by the financial institution where the Association has its operating and reserve accounts; and 7.5. review an income and expense statement for the Association I s operating and reserve accounts. 8. Duty of Board to Prepare and Distribute Do(:uments. 8.1 Documents to be Prepared and Distributed. The Board shall prepare and distribute, or cause to be prepared and distributed, the following documents to each of the Members: A. Not less than thirty days and not more than ninety days before the beginning of the next fiscal year, a pro forma operating budget for the next fiscal year. The pro forma operating budget shall contain at least the following information: (1) Estimated revenue and expenses on an accrual basis; and (2) A summary of the Association I s reserves based upon the most recent review or study conducted pursuant to Section 9 which shall be printed in boldface type and include all of the following: (a) The current estimated replacement cost, estimated remaining life, and estimated useful life of each major component. (b) As of the end of the fiscal year for which the study is prepared: (i) The current estimate of the amount of cash reserves necessary to repair, replace, restore, or maintain the major components. (ii) The current amount of accumulated cash reserves (iii) If applicable, the amount of funds received from either a compensatory damage award or settlement to an association from any person or entity for injuries to property, real or personal, arising out of any construction or design defects, and the expenditure or disposition of funds, including the amounts, expended for the direct and indirect costs of repair of construction or design defects. These amounts shall be reported to the end of the fiscal year for which the study is prepared as separate line items under cash reserves pursuant to clause (ii). In lieu of complying with the requirements set forth in this clause, an association that is obligated. to issue a review of their financial statement pursuant .to Section 8.2 may include in the review a statement containing all of the inforn1ation required by this clause. (c) The percentage that the amount determined for purposes of clause (ii) of subparagraph (b) is of the amount determined for purposes of clause (i) of subparagraph (b). The summary of the Association I s reserves disclosed pursuant to Section 8.1A.(2) shall not be admissible in evidence to show improper financial management of an Association, provided that other relevant and competent evidence of the financial condition of the Association is not made inadmissible by this provision. B. A statement as to whether the Board has qetermined or anticipates that the levy of one or more Special Assessments will be required to repair, replace, or restore any major component or to provide adequate reserves therefor. c. A general statement addressing the procedures used by the Board for the calculation and establishment of reserves to defray the cost of future repair, replacement or additions to those major components which the Association is obligated to maintain. D. A balance sheet as of a date which is the last day of the month closest in time to six months from the date of conveyance of the first Condominium in the Project. E. An operating statement for the period from the date of the first conveyance of a Condominium to the date of the balance sheet. This operating statement shall be Lonaomlnlums and the names ot the Owners. F. An annual report consisting of the following shall be distributed within one hundred and twenty days after the close of the fiscal year: (1) a balance sheet as of the end of the fiscal year; (2) an operating (income) statement for the fiscal year; (3) a statement of changes in financial position for the fiscal year; and (4) any information required under Section 8322 of the California Corporations Code. G. A statement describing the Association's policies and practices in enforcing its remedies against Members for default in the payment of Regular, Special and Property Tax Assessments, including recording and foreclosing of liens against Members' Condominiums. This statement shall be distributed annually not less than thirty days and not more than ninety days before the beginning of the Association's fiscal year. H. At the time the pro forma operating budget is distributed, a summary of the provisions of Civil Code Sections 1369.510-through 1369.590 regarding alternative dispute resolution and a summary of the Association's internal dispute resolution precess as required by Civil Code Section 1363.850. The summary shall contain the following language: "Failure of a Member of the Association to comply with the alternative dispute resolution requirements of Section 1369.520 of the Civil Code may result in the loss of your right to sue the Association or another Member of the Association regarding enforcement of the Governing Documents of the applicable law. " I. The minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the Board, other than an executive session, shall be available to Members within 30 days of the meeting. The minutes, proposed minutes, or surnmary minutes shall be distributed to any Member upon request and upon reimbursement of the Association I s costs in making that distribution. Members of the Association shall be notified in writing at the time that the pro forma budget required in Section 8.1 A is distributed or at the time of any general mailing to the entire membership of the Association of their right to have copies of J. A summary of the Association I s property, general liability, earthquake and flood, and fidelity insurance policies that states all of the following: the name of the insurer, the type of insurance, the policy limits of the insurance and the amount of deductibles, if any. This statement shall be distributed annually, not less than thirty days and not more than ninety days before the beginning of the Association's fiscal year, To the extent that the above informatiqn is specified in the insurance policy declaration page, the Association may meet. the requirements of this Section by making copies of that page and distributing it to all Members. The insurance summary shall contain the following statement: "This summary of the Association I s policies of insurance provides only certain information as required by subdivision (e) of Section 1365 of the Civil Code and should not be considered a substitute for the complete policy terms and conditions contained in the actual policies of insurance. Any association member may, upon request and provision of reasonable notice, review the association's insurance policies and, upon request and payment of reasonable duplication charges, obtain copies of those policies. Although the association maintains the policies of insurance specified in this summary, the association's policies of insurance may not cover your personal property or, real property improvements to or around your dwelling, or personal injuries or other losses that occur within or around your dwelling. Even if a loss is covered, you may nevertheless be responsible for paying all or a portion of any deductible that applies. Association members should consult with their individual insurance broker or agent for appropriate additional coverage. " The Association shall, as soon as reasonably practical, notify the Members by first- class mail if any of the insurance policies have been canceled and not immediately replaced or if there is a significant change in the terms of any insurance policy. If the Association receives any notice of nonrenewal of an insurance policy, the Board shall immediately notify the Members if replacement coverage will not be in effect by the date the existing coverage will lapse. K. If the Association adopts or has adopted a policy imposing any monetary penalty, including any fee, on a Member for violation of the Governing Documents or rules of the Association, including any monetary penalty relating to the activities of a guest or invitee of a Member, the Board shall adopt and distribute to each Member, by personal delivery or first-class mail, a schedule of the monetary penalties that may be assessed for these violations, which shall be in accordance with authorization for Member discipline contained in the Governing Documents; 8.2 Independent Review of Operating Budget. A review of the pro forma operating budget of the Association shall be prepared in accordance with generally accepted accounting principles by a licensee of the California State Board of Accountancy for any fiscal year in which the gross income to the Association exceeds seventy-five thousand dollars ($75,000). A copy of the review of the pro forma operating budget shall be distributed within one hundred twenty days after th~ close of each fiscal year. 8.3 Summary in Lieu of Operating Budget. In lieu of the distribution of the pro forma operating budget required by Section 8. 1 A, the Board may elect to distribute a summary of the pro forma operating budget to all Members with a written notice that the pro forma operating budget is available at the business office of the Association or at another suitable location at the Project and that copies will be provided upon request and at the expense of the Association. If any Nlember requests copies of the pro forma operating budget be mailed to him, the Association shall provide the copy to the Member by first-class United States mail at the expense of the Association and delivered within five days, The written notice that is distributed to each of the Members shall be in at least 10-point bold type on the front page of the summary of the budget. 8.4 Independent Review of Annual Report. The annual report shall be prepared in accordance with generally accepted accounting principles by a licensee of the California State Board of Accountancy for any fiscal ye~r in which the gross income of the Association exceeds seventy-five thousand dollars ($75,000.00). First Mortgagees shall, upon request, receive an audited annual report of the Project within ninety days after the end of the fiscal year. If the annual report is not prepared by an independent accountant, it shall be accompanied by the certificate of an Officer of the Association that the statements were prepared without audit from the books and records of the Association. 8.5 Duty to Provide Documents on Request of Owner. The Board shall, within ten days of the mailing or personal delivery of a written request, provide an Owner with a copy of the Declaration, Bylaws, and Articles of Incorporation, the most recent pro forma operating budget distributed pursuant to Section 8.1 A, a statement as to the amount of the Association's current Assessments and fees and a written statement as to the amount of any delinquent Assessments, penalties, attorney's fees and other charges on the Condominium as of the date of the request. The Board may impose a reasonable fee for provision of these documents, which shall not exceed the reasonable cost of preparing and reproducing the requested documents. 8.6 Duty to File Information Statement with Secretary of State. The Board shall submit biennially to the California Secretary of State the "Statement by Common Interest Development Association" pursuant to Civil Code Section 1363.6. ~.l Kequlrement tor Reserve Study. At least once every three years the Board shall cause a study of the reserve account requirements of the Project to be conducted if the current replacement value of the major components which the Association is obligated to repair, replace, restore, or maintain is equal to or greater than one-half of the gross budget of the Association for any fiscal year. The Board shall review this study, or cause it to be reviewed, annually and shall consider and implement necessary adjustments to the Board's analysis of the reserve account requirements as a re~ult of that review. 9.2 Contents of Reserve Study. The study required by this Section shall at a minimum include: A. Identification of the major components which the Association is obligated to repair, replace, restore, or maintain which, as of the date of the study, have a remaining useful life of less than 30 years. B. Identification of the probable remaining useful lives of the components identified in Section 9.2 A as of the date of the study, C. An estimate of the cost of repair, replacement, restoration, or maintenance of each major component identified in Section 9,2 A during and at the end of its useful life. D. An estimate of the total annual contribution necessary to defray the cost to repair, replace, restore, or maintain each major component during and at the end of its useful life , after subtracting total reserve fLlnds as of the date of the study. 10. Withdrawal of Funds from Reserve Account. 10.1 Required Signatures. Withdrawal of funds from the Association's reserve account shall require the signatures of either: A. two mernbers of the Board; or B. one member of the Board and an officer of the Association who is not also a member of the Board. 10.2. Expenditures of Funds from Reserve Account. The Board of Directors shall not expend funds designated as reserve funds for any purpose other than the repair, restoration, replacement, or maintenance of, or litigation involving the repair, restoration, replacement, or maintenance of, major components which the Association is obligated to repair, restore, replace, or maintain and for which the reserve fund was e.~t~hlishf'rl otner expenses, provided the Board has made a written finding, recorded in the Board's minutes, explaining the reasons why the transfer is needed and describing when and how the moneys will be repaid to the reserve fund. The transferred funds shall be restored to the reserve fund within one year of the date of the initial transfer, except that the Board may, upon making a finding supported by documentation that a temporary delay would be in the best interests of the Project, delay the restoration. The Board shall exercise prudent fiscal management in delaying restoration of these ~funds and in restoring the expended funds to the reserve account, and shall, if necessary, levy a Special Assessment to recover the full amount of the expended funds within the time limits required by this Section. The Board may, after giving the same notice required for considering a transfer, and at its discretion, extend the date the payment of the Special Assessment is due. Any extension shall not prevent the Board from pursuing any legal remedy to enforce the collection of an unpaid Special Assessment. When the decision is made to use reserve funds or to temporarily transfer moneys from the reserve fund to pay for litigation, the Association shall notify the tvIembers of that decision in the next available mailing to all Members, and of the availability of an accounting of those expenses. The Association shall make an accounting of expenses related to the litigation on at least a quarterly basis. The accounting shall be made available for inspection by Members at the Association's office. 11. Officers. 11.1 Enumeration of Officers. The Officers of the Association shall be a President, a Vice President, a Secretary, a Chief Financial Officer, and any other Officer the Board may create. The President and Chief Financial Officer shall be members of the Board of Directors. 11.2 Election of Officers and Term. The President, Vice President, Secretary and Chief Financial Officer shall be elected at the first meeting of the Board of Directors following each annual meeting of the Members. Each of these Officers shall hold office for one year unless he resigns or is removed from office. The Board may elect other Officers when required, for terms and with authority to be determined by the Board. 11.3 Resignation and Removal. An Officer may be removed from office by the Board with or without cause. An Officer may resign at any time by giving written notice to the Board. The resignation shall take effect on the date of receipt of the notice or at any later time specified in it. 11.4 Vacancies. A vacancy in an office shall be filled by the Board. The appointed Officer shall serve for the remainder of the term of the replaced Officer, 11.5 Duties. The duties of the Officers are as follows: orner wrItten Instruments, and co-sign all checks and promissory notes. B. Vice President. The Vice President shall act in place of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge other duties as required by the Board. C. Secretary. The Secretary shall record ~e votes and keep the minutes of all meetings of the Board and Members, keep current records of the names and addresses of Members, and perform other duties as required by the Board. D. Chief Financial Officer. The Chief Financial Officer shall receive and deposit all money of the Association, disburse funds as directed by the Board, co-sign all checks and promissory notes of the Association and keep or cause to be kept proper books of account. 12. Indemnification of Directors, Officers and Agents. The Association shall indemnify each Director, Officer, committee member, employee, or other agent of the Association who is a party to, or is threatened to be made a party to, any proceeding, including a proceeding by the Association, because such person is or was a Director, Officer, committee member, employee or agent of the Association. Indemnification shall be made for all expenses and liabilities actually and reasonably incurred in connection with such proceedings to the maximum extent permitted by Section 7237 of the California Corporations Code. The Association shall approve or disapprove the indemnity, and may advance expenses, all in accordance with Section 7237 and other applicable provisions of the California Corporations Code. 13. Liability of Directors and Officers. 13.1. Insurance Required. No volunteer Officer or Director of a Project that is exclusively residential will be personally liable in excess of the insurance carried by the Association to any person who suffers bodily injury, emotional distress, wrongful death, property damage or loss or any other injury as a result of the tortious act or omission of the Officer or Director, if the act or omission was performed within the scope of the Officer's or Director's Association duties, was performed in good faith, was not willful, wanton or grossly negligent and the Association maintained and had in effect at the time it occurred and at the time a claim is made at least one policy of insurance which includes coverage for general liability of the Association and individual liability of Officers and Directors of the Association for negligent acts or omissions; provided that both types of coverage are in the amounts required by Article 9 of the Declaration. 13.2. Volunteer. Reimbursement of actual expenses incurred by a Director or Officer in the execution of his duties does not affect his status as a volunteer. A tenant of ;:) wno owns more than two Condominiums is not a volunteer. 13.3. Negligence. Nothing is this Section shall be construed to limit the liability of the Association for its negligent act or omission or for any negligent act or omission of an Officer or Director of the Association. 14. Books and Records. 14.1 Delivery of Books and Records. Beginning not later than 90 days after the close of escrow on the sale of the first Condominium at the Project, copies of the documents listed below, if any, shall be delivered by Declarant to the Board at the office of the Association, or at such other place as the Board shall prescribe. The obligation to deliver the documents listed below shall apply to any documents obtained by Declarant no matter when obtained, provided, however, such obligation shall terminate upon the earlier of (1) the conveyance of the last Condominium covered by a subdivision public report or (2) three years after the expiration of the most recent public report, on the Project: A. The recorded Map or Maps for the Project. B. The recorded Condominium Plan. C. The deeds and easements executed by Declarant conveying the Common Area or other interest to the Association. D. The recorded Declaration. E. The Association's filed articles of incorporation. F. The Association's Bylaws. G. All architectural guidelines and all other Rules regulating the use of an Owner's Condominium or use of the Common Area which have been promulgated by the Association. H. The plans approved by the required governmental agencies for the construction or improvement of facilities that the Association is obligated to maintain or repair; provided, however, that the plans need not be as-built plans and that the plans may bear appropriate restrictions on their commercial exploitation or use and may contain appropriate disclaimers regarding their accuracy. I. All notice of completion certificates issued for Common Area improvements J. Any bond or other security device in which the Association is the beneficiary. K. Any written warranty being transferred to the Association for Common Area equipment, fixtures or improvements. L. Any insurance policy procured for the benefit of the Association, its Board or the Common Area. M. Any lease or contract to which the Association is a party. N. The membership register, including names, mailing addresses, telephone numbers and voting rights of Members, books of account and minutes of meetings of the Members, of the Board and of committees of the Board. o. Any other instrument which establishes or defines the common, mutual or reciprocal rights or responsibilities of Members of the Association. 14.2 Inspection by Members. The membership register, books of account and minutes of meetings of the Members, the Board and committees shall be made available for inspection and copying by any Member of the Association or his representative at any reasonable time for" a purpose reasonably related to his interest as a Member, according to the rules for inspection established by the Board. . Inspection shall occur at a place within the Project as prescribed by the Board. 14.3 Rules for Inspection. The Board shall establish reasonable rules with respect to: A. notice to be given to the custodian of the records by the Member desiring to inspect the records; B. hours and days of the week when an inspection may be made; and c. payment of the reproduction costs of documents requested by a Member. 14.4 Inspection by Directors. Directors shall have the absolute right at any reasonable time to inspect all books, records and documents of the Association owned or controlled by the Association and the physical properties owned or controlled by the Association. The right of inspection by a Director includes the right to make copies of documents. 15. Enforcement of Assessments by Judicial Foreclosure or Private Sale. As provided in the Declaration, the Board has the duty to collect Assessments. In the event of a default in payment of any Assessment, the Association may enforce payment of the Assessment as authorized in the bnrorcement ot payment of an Assessment by judicial foreclosure or private sale shall be made according to the following procedures. 15.1 Pre-Lien Notice. At least 30 days prior to recording a lien upon the Condominium of an Owner to collect a delinquent Assessment, the Association shall notify the Owner in writing by certified mail of the following: A. A general description of the collection and lien enforcement procedures of the Association and the method of calculation of the amount, a statement that the Owner has the right to inspect the Association records pursuant to section 8333 of the Corporations Code (per Section 14.2 of these By laws) and the following statement in 14-point boldface type, if printed, or in capital letters, if typed: "IMPORTANT NOTICE: IF YOUR CONDOMINIUM IS PLACED IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR ASSESSMENTS, IT MAYBE SOLD WITHOUT COURT ACTION". B. An itemized statement of the 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 attorney I s fees, any late charges and interest, if any. c. A statement that the Owner is not liable to pay the charges, interest, and costs of collection if it is determined the Assessment was paid on time to the Association. D. The right to request a meeting with the Board. E. An Owner may dispute the debt noticed by the Board by submitting to the Board a written explanation of the reasons for the dispute. The Board shall respond in writing to the Owner within 15 days of the date of the postmark of the Owner's explanation, if the explanation is mailed within 15 days of the postmark of the Board I s notice. F. An Owner may submit a written request to meet with the Board to discuss a payment plan for the debt noticed by the Board. The Association shall provide the Owner the standards for payment plans, if any exist. The Board shall meet with the Owner within 45 days of the postmark of the Owner I s request, if the Owner's request is mailed within 15 days of the date of the postmark of the Board's notice. The meeting shall be in executive session if requested by the Owner. If there is no regularly scheduled Board meeting within the 45 day period, the Board may designate a committee of one or more members to meet with the Owner. In tull may the payments be applied to the fees and costs of collection, attorney's fees, late charges, or interest. 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. 15.2 Notice of Delinquent Assessment; Enforce;ment of Lien. The amount of the Assessment, plus any costs of collection, late charges, and interest becomes a lien on the Owner I s interest in the Development from and after the time the Association records a Notice of Delinquent Assessment in the office of the County Recorder. A. The Notice of Delinquent Assessment shall conform to the requirements of Civil Code section 1367.1, which includes the following. i. The notice shall state the amount of the Assessment and other sums imposed in accordance with the Declaration, a legal description of the Condominium against which the Assessment and other sums are levied, the name of the record Owner of the Condominium against which the lien is imposed, and the name and address of the trustee authorized by the Association to enforce the lien by sale. ii. The notice shall be signed by a .member of the Board and mailed in the manner set forth in Civil Code Section 2924b to all record Owners of the Condominium no later than 10 calendar days after recordation. iii. Within 21 days of the payment of the sums specified in the Notice of Delinquent Assessment, the Association shall record in the office of the County Recorder a lien release or notice of rescission and provide the Owner of the Condominium a copy of the lien release or notice that the delinquent Assessment has been satisfied. B. After the expiration of 30 days following the recording of a Notice of Delinquent Assessment, the lien of that notice 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 Civil Code Section 2934a. A sale by the trustee shall be conducted in accordance with Civil Code Sections 2924, 2924b, and 2924c applicable to the exercise of powers of sale in mortgages and deeds of trusts. The fees of a trustee cannot exceed the amounts prescribed in sections 2924c and 2924d. c. If it is determined that a lien previous Iv recorded aQ:ainst a Condominium W::l~ L-OUnlY Kecoroer a lIen release or notIce of rescission and provide the Owner of the Condominium with a declaration that the lien filing or recording was in error and a copy of the lien release or notice of rescission. 15.3 Owner's Right to Alternative Dispute Resolution of Assessment Dispute. A dispute between an Owner and the Association regarding an Assessment may be resolved through alternative dispute resolution as described i:p. section 16 A. In order to submit an Assessment dispute to alternative dispute resolution, the Owner shall: i. pay in full to the Association the amount of the Assessment in dispute, late charges, interest, any fees and costs associated with the preparation and filing of a Notice of Delinquent Assessment, including all mailing costs and reasonable attorney's fees not to exceed $425.00; ii. give written notice to the Association by certified mail not more than 30 days from the recording date of the Notice of Delinquent Assessment that the above amounts are paid under protest. B. Upon receipt of payment and notice, the Association shall inform the Owner that the Owner may resolve the dispute through alternative dispute resolution as set forth in Section 16. C. An Owner may not resolve a dispute regarding an Assessment through alternative dispute resolution in accordance with this provision more than two times in any calendar year or more than three times in any five calendar years. However, an Owner and the Association, upon mutual agreement, may resolve any number of disputes regarding Assessments by alternative dispute resolution. D. If it is determined through alternative dispute resolution that the Assessment levied by the Association was not levied correctly, the Owner may be awarded interest on the amounts paid to the Association pursuant to subsection A.i, above. 16. Enforcement of Governing Documents by the Association. As provided in the Declaration, the Association has the obligation to enforce the Governing Documents. The following provisions apply with respect to enforcement of the Governing Documents by the Board other than by legal action. 16.1 Meeting to Consider Expenditure or Member Discipline. If the Board intends to consider or impose an Expenditure or a fine, penalty, or other form of discipline upon a A. The notIce shall be in writing and delivered by personal delivery or first-class mail at least 10 days prior to the meeting at which the Board will consider discipline. The notice shall contain at a minimum the date, time and place of the meeting, the nature of the alleged violation for which the Member may be disciplined, and a statement that the Member has a right to attend and to address the Board. B. At a Member's request, the Board shall meet in executive session regarding any matter relating to a fine, penalty, or other form of discipline of a Member. The Member is entitled to attend the executive session. If the Board imposes discipline on a Member, it shall provide the Member written notice of the disciplinary action, by either personal delivery or first-class mail, within 15 days following the action. c. A disciplinary action is not effective against a Member unless the Board fulfills the requiren1ents of this Section. 16.2 Resolution of Enforcement Disputes through Internal Dispute Resolution. Any dispute between the Association and an Owner involving their rights, duties, or liabilities under the Davis-Sterling Common Interest Subdivision Law (Civil Code Section 1350 et seq.), the Nonprofit Mutual Benefit Corporation Law (Corporations Code Section 7110 et seq.), or under the Governing Documents may be resolved through the following procedure, which is intended to comply with the requirements of Civil Code Section 1363.820 that the Association have a fair, reasonable and expeditious procedure for resolving disputes. Either party to the dispute may invoke the procedure. A. One party may request the other party to meet and confer in an effort to resolve the dispute, The request shall be in writing. The Board will designate one of the Directors to meet and confer. The parties will then meet promptly at a mutually convenient time and place, explain their positions to each other, and confer in good faith in an effort to resolve the dispute. B. If, during the conference, the parties are unable to resolve the dispute without the assistance of a neutral third party, or if the parties agree before the conference that the assistance of a neutral third party is necessary or desirable to resolve the dispute, the parties will retain the services of a mediator. The parties may also agree to submit the matter to arbitration, either after mediation or without mediation. c. An Owner may refuse a request to meet and confer or to proceed to mediation. The Association may not refuse a request to meet and confer or to proceed to mediation. Either the Owner or the Association mav refuse to nrOcp.p.r1 to v. An agreement to the dispute reached by the parties shall be memorialized in writing and signed by the parties, including the Board designee on behalf of the Association. E. An agreement reached between the parties that is consistent with the authority granted by the Board to its designee or is ratified by the Board, and that is not in conflict with the law or the Governing Qocuments, binds the parties and is judicially enforceable. A resolution of the dispute pursuant to arbitration, that is not. in conflict with the law or the Governing Documents, is binding on the Association and is judicially enforceable. F. An Owner may not be charged a fee to participate in the process. G. Mediation or arbitration agreed to by the parties under this Section satisfies the requirement of Civil Code Section 1369.520 that the parties endeavor to submit a dispute to alternative dispute resolution prior to bringing legal action for enforcement, provided the initial written request for alternative dispute resolution complies with the requirements for a Request for Relief as provided in Civil Code Section 1369.530, or the parties in agree in writing to waive the requirements of that Section. 17. Operating Rules. 17.1 Definitions. A. "Operating rule" means a regulation adopted by the Board that applies generally to the management and operation of the Development or the conduct of the business and affairs of the Association. B. "Rule change" means the adoption, amendment, or repeal of an operating rule by the Board. C. "Section 1357. 120 Rule" means a rule that relates to one or more of the following subjects: (1) use of the Common Area or an Exclusive Use Common Area, (2) use of a Unit, (3) alterations to the Development, including aesthetic or architectural standards for the Development and procedures for reviewing and approving or disapproving a proposed physical change to a Unit or Common Area, (4) Member discipline, including any schedule of monetary penalties for violation of the Governing Documents and any procedure for the imposition of penalties, (5) standards for delinquent Assessment payment plans, and (6) procedures adopted by the Association for resolution of disputes. vwners. 17.3 Procedures for 1357.120 Rule Change. The following procedures apply to a Section 1357.120 rule change. A. Notice of Meeting. The Board shall provide written notice of the proposed Section 1357.120 rule change to the Members at least 30 days before making the rule change. The notice shall include the text of the proposed rule change and a . description of its purpose and effect . B. Notice of Decision. A decision on the proposed rule change shall be made at a meeting of the Board after consideration of any comments made by Members. As soon as possible after making the rule change, but not more than 15 days after making the rule change, the Board shall deliver notice of the Section 1357.120 Rule change to every tv1ember. If the rule change was an emergency rule change made under subsection D., the notice shall include the text of the rule change, a description of the purpose and effect of the rule change, and the date that the rule change expires. C. Members' Right to Reverse Rule Change. A 1357.120 Rule change may be reversed by a Vote of the Owners at a special meeting of Members called by Members representing at least 5 percent of the total voting power of the Association and conducted in accordance with Section 3. D. Emergency Rule Change. If the Board determines that an immediate rule change is required to address an imminent threat to public health or safety, or an imminent risk of substantial economic loss to the Association, it may make an emergency rule change to a Section 1357,120 Rule. The provisions of subsections A. and B. do not apply to an emergency rule change of a Section 1357.120 Rule. An emergency rule change is effective for 120 days, unless the rule change provides for a shorter effective period. An emergency rule change cannot be re- adopted under this subsection C. E. Rules changes concerning the following matters may be adopted by the Board in its normal course of business and compliance with Sections 16.4A through 16.4C is not required for the rule to be validly adopted: (1) a decision regarding maintenance of the Common Area, (2) a decision on a specific matter that is not intended to apply generally, (3) a decision setting the amount of a regular or special Assessment, (4) a rule change that is required by law, if the Board has no discretion as to the substantive effect of the rule change,S) issuance of a document that merely repeats existing law or the Governing Documents. and (6) any oth~r .lO. DUara Approva.l or rnYSlcal change. ArtIcle 6 of the Declaration requires that the prior written approval of the Board is required before an Owner may any improvements or modifications ("improvement") to any portion of the Common Area, including Exclusive Use Common Area appurtenant to the Owner's Unit, or make any improvements within his Unit that may affect structural Common Area, increase the burden on common building systems, result in an increase in sound transmission between Units, or otherwise adversely affect the Common Area or other Units. The provisions of this Section apply to any improvement that requires the approval of Board as provided in that Article. 18.1 Procedure. A. An Owner shall submit to the Association a written request for approval of the improvement. The request shall include a description of the proposed improvement, an estimated timetable for commencement and completion of the work, and documentation reasonably necessary for the Board to fully evaluate the proposed modification. The documentation should include the following items, where applicable. i. proposed plans and specifications, including exterior elevations, materials and colors; ii. the extent, if any, to which the improvement -- such as bathroom or kitchen remodels -- may increase demand on common building systems; iii. the impact of the improvement, if any, on sound transmission between Units; and iv. other information that will assist In evaluation of the proposed improvement. B. If the Board holds meetings on a monthly basis, it shall hear the request at the next meeting for which notice has not yet been given as of the date the request is delivered to it. If the Board meets less frequently than monthly, the Board shall call a special meeting within 30 days of the date the request is delivered to it to hear the request. C. If the Board determines that the request for approval does not include sufficient information for it to fully evaluate the proposed improvement, it may provide the Owner with a list of the additional information it requires and continue the matter to another meeting. The Board may also require that the Owner reimburse it in advance of its review for the estimated reasonable costs it will incur in reviewing request WIll heard shall be scheduled within the time period provided in subsection B, measured from the date the requested information and fees, if any, have been delivered to the Board. D. The Board shall act on the request at the initial meeting or the continued meeting, unless both the Owner and the Board agree to further continuances. E. The Board may approve, disapprove, or conditionally approve the request. The decision of the Board shall be in writing. If the request is approved, the decision shall include a reasonable date by which the work shall be commenced and completed. If the request is conditionally approved, the decision shall also include the conditions of approval and the date by which the conditions shall be met. If the request is disapproved, the written decision shall include an explanation of why the request has been disapproved. If the Board fails to approve or disapprove the plans within the time provided above, the request will be deemed approved. 18.2 Antennas and Satellite Dishes. The Board shall approve installation or use of a video or television antenna, including a satellite dish, ("antenna") with a diameter or diagonal measurement of one meter or less provided that the antenna will not be visible from any street or the Common Area and the precise location is approved by the Board. The Board may, in its discretion, require the Owner to provide security for maintenance, repair or replacement of roofs, waterproof membranes and other building components that may be damaged by the installation, maintenance or use of the antenna, that the Owner or the installer enter into an agreement to indemnify or reimburse the Association or any Owner for any loss or damage caused by the installation, maintenance or use of the antenna, and impose other reasonable restrictions that do not significantly increase the cost of the antenna system, including all related equipment, or significantly decrease its efficiency or. performance. Approval of the installation or use of any other satellite dish, video or television antenna is within the discretion of the Board. 18.3 Amendment. Any amendment to this Section 18 is subject to the requirements for a Section 1357.120 rule change. 19. Amendments. Prior to the conveyance of the first Condominium in the Development, Declarant may amend the Bylaws. After the conveyance of the first Condominium, the Bylaws may be amended with a Vote of the Owners, other than Declarant. 20. General Provisions. 20.2 Fiscal Year. The fiscal year of the Association is a calendar year unless a different fiscal year is adopted by the Members. 20.3 Notices. Any notice permitted or required by these Bylaws shall be in writing. Unless expressly provided otherwise in a particular provision, delivery of a notice may be by any of the following means: (1) personal delivery" (2) certified or registered U.S. mail, (3) delivery by commercially recognized courier service, or (4) email, facsimile or other electronic means if the recipient has previously agreed to that method of delivery. If delivery is by mail, the notice is deemed delivered 72 hours after a copy of it has been deposited in the United States mail, postage prepaid, addressed to the Owner at the current address given by him to the secretary of the Board or addressed to the Unit of the Owner if no address has been given to the secretary. Electronic notice is deemed delivered upon transmission to the current email address or facsimile number delivered to the Association in accordance with the provisions of this Section, 20.4 Compliance with Corporations and Civil Codes. These Bylaws are intended to conform to the provisions of the Nonprofit NIutual Benefit Corporation Law (Corporations Code Section 7110 et seq) and the Davis-Stirling Common Interest Development Act (Civil Code Section 1350 et seq.) If a particular statute upon which these Bylaws are based has been amended, these Bylaws are deemed amended to comply with the statute. Periodically, the Board should review these Bylaws for compliance with current codes and amend them accordingly. We, all of the Directors of 90 Oak A venue Homeowners I Association, certify: We are entitled to exercise all of the voting power of the Board; We adopt these Bylaws as the Bylaws of 90 Oak Avenue Homeowners' Association, Dated: These Bylaws were adopted as the Bylaws of 90 Oak A venue Homeowners' Association, on the day of , 20 , and now constitute the Bylaws of the Association. - - I have executed these Bylaws on ,20_ Secretary BUDGET WORKSHEET RE 623 GENERAL INFORMATION This budget is a good faith estimate from plans prior to construction and/or completion (for new projects) or from a combination of plans and/or site inspections (for existing projects). For existing projects, there may have been historical data as support for some line items, but changes to the project may make historical data not applicable or reliable. This budget was obtained for purposes of obtaining a-public report. The association must adopt a budget in accordance with the California Civil Code. If that budget is less than 10% or greater that 20% from this budget, you should contact the Department of Real Estate. The association may increase or decrease its budget. It is typical for costs to increase as the project ages. The association should conduct a reserve study after its first year of operation to adjust the reserve funding plan for any changes that may have taken place during construction. DRE FILE NUMBER (IF KNOWN) DEPUTY ASSIGNED FILE (IF KNOWN) SUBDIVISION IDENTIFICATION AND LOCATION NAME AND/OR TRACT NUMBER 90 Oak Avenue STREET ADDRESS (IF ANY) CITY COUNTY same as above South San Francisco San Mateo MAIN ACCESS ROAD(S) NEAREST TOWN MILES/DIRECTION FROM TOWN/ CITY N/A N/A N/A TYPE OF SUBDIVISION x Condominium Planned Development Land Project Condominium Conversion Planned Development Mobile Home Stock Cooperative Community Apartment Stock Cooperative Conversion Out-of-State Limited Equity Housing Corporation Undivided Interest Planned Development Undivided Interest Land Project NUMBER OF LOTS/UNITS 13 PHASE # TOTAL # IN PROJECT # ACRES Residential: 13 Commercial: 0 1 1 0.41 BUDGETPREPARER NAME ATTENTION TELEPHONE NUMBER Herzig & Berlese Margaret J. Berlese (415) 861-8800 ADDRESS CITY ZIP CODE 414 Gough Street, Suite 5 San Francisco 94102 Certification 1 declare under penalty of perjUlY that the representations and answers to the questions in this document and all documents submitted as part o/the homeowners budget are true and complete to the best o/my knowledge and belief SIGNATURE OF BUDGET PREPARER IDATE If this phase will have any line items shown on pages 3, 4 and 5 hereof exempted from payment of assessments under Regulation 2792.16( c), asterisk those items on pages 3, 4 and 5 and list any partially deferred costs on a separate sheet showing calculations and attach. All exempted improvements must be covered by reasonable arrangements for completion. Include Planned Construction Statement (RE611A) for review. 1. Number of buildings containing residential units: One 2. Estimated completion date for the residential units: August-07 3. Estimated completion date for the common area and facilitates included in this phase: August-07 4. Type of residential building for this project (i.e., high-rise, cluster, garden, etc.): 2 story over a garage 5. Type of construction for these buildings (i.e., steel, concrete, wood frame, etc.): Wood frame over a concrete slab 6. Type ofroof(Le" shake, etc,): Shingle 7, Type of paving used in the project: Concrete 8. Type of exterior wall for residential buildings: Stucco 9. Number of residential units per building: 13 10, Number offioors per building: 2 stories over a garage 1 L Number of bedrooms per unit: See attached Exhibit A 12. Square footage of units (list number and size of each unit type): See attached Exhibit A 13. Type of parking facilities and number of spaces (i.e., detaclled garage, subterranean, carport, open, etc.): 3 28 spaces in garage and 2 guest parking spaces Complete 14 and 15for Phased Condominium Projects Only N/A 14. Have you submitted budgets for all phases to be completed within the next three calendar years and built-out budget? I UNIT # SOUARE FEET # OF BEDROOMS % OF COMMON AREA 1 1,240 2 7.75% 2 1 ,244 2 7.78% 3 1,242 I 2 7.76% 4 1,241 2 7.76% 5 1,236 2 7.73% 6 1,241 2 7.76% 7 1,240 2. 7.75% 8 1,244 2 7.78% 9 1,242 2 7.76% 10 1 ,241 2 7,76% 11 1,236 2 7.73% 12 1,241 2 7.76% 13 1,108 2 6.93% Total livable sq.ft. 15,996 Total Percentage of Common Area 100.00% Phase Number Date of Budget DRE File No. t 2/18/05 Number of Units 13 90 Oak Avenue Residential Per Unit Total Total Per Month ** Monthly Annual 100. Fixed Costs 10 I. Property Taxes 102. Corporation Franchise Taxes 0.16 2.08 25.00 103. Insurance (attach proposal) ~~ 104. Local License & Inspection Fees 6.41 83.33 1,000.00 105. Estimated Income Taxes 100 - Sub Total $57.85 $752,08 $9,025.00 200. Operating Costs 201. Electricity (attach work sheet) 24.95 324.39 3,892.66 Lighting: Leased 202, Gas (attach work sheet) 25.00 325,00 3,900.00 203. Water (attach work sheet) 30.18 392.34 4,708.13 204, Sewer/Septic Tanks (individual per unit) 205. Cable TV/Mater Antenna 207, Custodial Area 23.08 300.00 3,600.00 Number of Restrooms: 0 208. Landscape Maintenance (see paKe 15) 15.38 200.00 2,400.00 209. Refuse Disposal '25.00 325.00 3,900.00 Vendor Name: South San Francisco Scavenger Phone Number: 650-589-4020 210. Elevator Number: I Tvpe: Hydraulic 16.03 208.33 2,500.00 21I. Private Streets, Driveways, Parking Areas Area: approx. Included in custodial 212. Heating & Air Conditioning Maintenance Area: None 213, Swimming Pool Number: 0 Size: n/a Spa Number: 0 Size: n/a 214. Tennis Court Numbe r: 0 215. Access Control Guard Hours Per Day: n/a No. Motorized Gates: I Type: 4.62 60,00 720.00 Intercom System: Intercom 3.85 50.00 600.00 1 t:r iVIUflUI . IV10mmy AnnuaL 216. Reserve Study 2.88 37.50 450.00 217. Miscellaneous Minor Repairs 3.00 39.00 468,00 Pest Control 2.31 30,00 360.00 Telephone Lines 3.85 50.00 600,00 Chimney Cleaning 4.81 62.50 750.00 Fire Monitor Service 3.46 45.00 540.00 200 - Sub Total $188:39 $2,449,07 $29,388.79 300. Reserves 300 - Sub Total 15,027.83 $15,027.83 301-313 (attach reserve work sheet) 400. Administration 96.33 $96.33 1,252.32 $1,252.32 401. Management* 50.00 650.00 7,800.00 402. Legal Services 4.81 62.50 750.00 403. Accounting 4.81 62.50 750.00 404. Education 1.15 15.00 180.00 405. Miscellaneous, office expense 1.15 15.00 180,00 400 - Sub Total $61.92 $805.00 $9,660.00 TOT AL (100-400) $404.50 $5,258.47 $63,101.63 500. Contingency 501. New Construction 3% .12,13 157.75 1,893.05 502. Conversions 5% N/A N/A N/A 503. Revenue Offsets (attach documentation) TOTAL BUDGET $416.63 $5,416.22 $64,994.68 ORE regulations allow the use of variable assessments against units only if one unit will derive as much as 10 percent more than another unit in the value of common goods and services supplied by the association. After determining the percent of benefit derived from services provided (page 14) by the association, an easy chart to follow would be: Less than 10% - equal assessments from 10% to 20% - variable or equal Over 20% - variable assessments The budget and management documents indicate (check appropriate box): _ x_ equal assessments variable assessments The inventory and quantities used in the preparation of this budget are normally derived from plans completed prior to construction and may vary slightly from actual field conditions. The calculated budget is a good faith estimate of the projected costs and should be deemed reliable for no more than one year. The Board of Directors should conduct an ammal review of the Association's actual costs and revise the budget accordingly. *Depending upon the level of service selected by the Association, the amount shown may be insufficient to cover the cost and may be higher. ** Per Unit, Per Month Amounts are divided by the number of units sharing the expense. Please see Section 4.8 of the Declaration of Restrictions and page 14 of the budgetfor complete Assessment Computations and DRE File No. Tract Number 90 Oal<. Avenue (1) * (2) * (3) * (4) * Yearly Reserve Cost Item Sq. Ft. Unit Cost Replacement Remaining Columns I x 2 Per Unit or Number HOA Manual Cost Life or 3 x 4 Per Month** Paint: Exterior 18,500 0.13 2,405.00 15.42 Paint: Interior 5,500 0.09 495.00 3.17 Elevator Reserve 1 1,050.00 , 1,050.00 6.73 Roof - Type: Bitumen 10,300 see page 15 1,313 040 8.42 Sump Pump 1 60.00 60.00 0.38 Exterior Lights J'"' 9.00 207.00 1.33 _.J Interior Lights 24 2.40 57.60 0.37 Street Lights 3 85.00 255,00 1.63 Deck Reserve 1,350 0.35 472.50 3.03 Carpet I 2,000 0.30 600.00 3,85 . Fence Reserve 560 1.00 560,00 3.59 Water Heater Reserve 2 250.00 500.00 3.21 Garage Door 1 200.00 200,00 1.28 Garage Door Motor 1 60,00 60.00 0.38 Garage Door Openers 28 3.00 84.00 0.54 Recirculating Pump 2 90.00 180,00 1.15 Furniture for Conference Room 1 2,000 6 333.33 2.14 Garage Ventilation Pump 1 250.00 250.00 1.60 Ventilation Pumps 3 125.00 375.00 2.40 Tree Trimming 15 100.00 1,500.00 9.62 Wrought Iron Rails 600 1.65 990.00 6.35 Painting for Rails and Fences 7,600 0.30 2,280.00 14.62 Irrigation System 1 1,500 6 250.00 1.60 Tile Flooring 1,500 0.30 450.00 2.88 Mailboxes 13 1,000 10 100.00 0.64 TOTAL RESERVE $15,027.83 $96.33 * Use either Columns I and 2 or 3 and 4, but not both for a particular item. Note: FOI' space purposes, we have included only the components most frequently found in common-interest subdivisions. Reserve items should not be limited to the list above, but should be tailored to your pal,ticular project. **Per Unit, Per lvlonth Amounts are divided by the number of un its sharing the expense. Please see Section 4.8 of the Declaration of Restrictions and page 14 of the budget for complete Assessment Computations and Schedules. *Complete schedules I through 6 below, then transfer the totals to Site Summary area. *Frequently several buildings will be repeated in a subdivision. These may be combined on one line. Wherever additional space is required attach computations on a separate sheet. 0.41 SITE SUMlVlARY - TOTAL SUBDIVISION AREA acres x 43,560 18,000 Square Feet 1. Building(s) footprint 2. Garages or carports 3. Recreational facilities 4. Paved surfaces 5. Restricted common area 6. Other 9,990 o *included 5,035 o 1000 sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. sq.ft. Sub Total (1-6) 16,025 sq.ft. Total Square Ft. (from above) Subtract Sub Total (1-6) Remainder = landscape area 18,000 sq.ft. 16,025 sq.ft. 1,975 sq.ft. INDIVIDUAL SUMMARY SCHEDULES 1. Buildings Containing Units Length x Width area of Each Building x No. of Buildings Total Area Square Feet 37 x 135 4,995 x 2 9,990 x x x Total for Summary Item 1 above 9,990 2. Multiple Detached Garages and Carports * There is a large basement garage plus two additional outdoor spaces. Length x Width area of Each Building x No. of Buildings Total Area Square Feet x x Tntnl f'n...(',nflH1Prr.." Tto_ , n],n"o 3. Recreational Facilities Total Area a. Recreation Room, Clubhouse, Lanai, or other (length x width = total sqjt.) o sq.ft. x b. Poels Number: Size c. Spas Number: Size d. Tennis Courts Number.- Size SUlface Type: e. Other: (describe) j\;/eeting Room o sq .ft. o o sq.ft. o o sq.ft. o Total for Summary Item 3 above 450* *included sq.ft. sq.ft. 4. Paved Areas (streets, parking, walkways, etc.) Paving j\;faterial (concrete, asphalt, etc.) (length x ly.idth = square foot area) Driveway 25 x Cement in front of building ( 45 x 25) + (25 x 25) Walkway connecting buildings 230 x Walkway connecting buildings* 230 x Cement Planters 230 * There are two levels of walkway, so only one is calculated into the subdivision area. Totalfor Summary Item 4 above 5,035 sq.ft. 25 6 6 6 625 1650 1,380 1,350* 1,380 5. Restricted Common Areas Use (patio, etc.) Describe and attach calculations Total for Summary Item 5 above o sq.ft. 6, Other - Describe and attach calculations Tnfn/ tn,. .~/lIn""'/1"l' Ttp"", 11 nhnlJP ~ll ft (See page 15.) Building * Flat Roofed Area Shingled Area Cement/Spanish Tile or Wood Shake Area Totals x x x x Modifications Grand Totals see page 15 Pitch One eighth One sixth Five 24ths One quarter One third One half Five eighths Three quarters ROOF PITCH TABLE Rise 3" in 12" 4" in 12" 5" in 12" 6" in 12'f. 8" in 12" 12" in 12" 15" in 12" 18"inI2" A1ultiplier 1.03 1.06 1.08 1.12 1.20 1.42 1.60 1.80 * Take areas of all buildings listed in Sections 1,2 and 3a. Add 6% (a 1.06 multiplier) for each foot of roof overhang. In addition, adjust for each roof pitch based upon the table above. The table converts horizontal area to roof area. EXTERIOR Exterior painting area is determined by measuring the structure to find the perimeter (total distance around) and multiplying that by 10 for each story. Use a separate line for each story if the configuration of the building changes from story to story (for wood siding see Item 301 in the Cost lvlanual) . · Buildings (include garages, recreation buildings) Type ofSwface Perimeter x Height x No. of Stories x No. ofBldg. Garage Level Front and Rear: Stucco 95 10 2 Sides: Stucco ] 35 ] 0 2 = Total Area 1,900 2,700 Residential Level Front and Rear: Stucco Sides: Stucco 37 135 10 10 2 2 4 4 2,960 10,800 Total exterior paint area 18,360 INTERIOR Interior painting reserve is determined by measuring the room perimeter and multiplying by 8' and adding ceiling area. Room/Type Descrip. Walls x 8ft. = Wall Area + Ceiling = Total Perimeter (Length x Width) Area Common Stairs, small (3) 56 8 448 20 8 1,824 Common Stairs, large (3) 64 8 512 20 12 2,256 Corridors 0 0 Q 0 0 0 Lobby 55 8 440 16 10 600 Conference Room 80 8 640 25 15 680 Total interior paint area 5,360 TOT AL EXTERIOR AND INTERIOR: 23,720 FENCES N/A Fence requiring paint or stain (see Item 3/2 in manual for wood and wrought iron) Compute separately using higher cost - put on separate line on page 5 of the Reserve Worksheet. Linear Feet x Metal Rails 600 Wood Fences along property line 560 Height x 2 Total Area 3.5 2 4,200 6 3,360 Total fence area 7,560 I Always multiply by 2 to cover the area for both sides ufthe wall or fence. lfthe wall or fence will be painted or stained on one side only, adjust your calculation and make appropriate notation on the worksheet. A. Lights (see Note I) (number of lights x average watt per light x average number hours in use per day x .03 = KWH per month) 1. Interior Lights (stairwells) 12 x 15 x 2 1 B. Lobby Lights 3 x 60 2. Garage Lights 9 x 32 x 4 3. Outdoor and Walkway Lights 23 x 15 x 2 4. Street Lights 3 x 15 x 2 x x x x B. Elevators (iUl/l1ber of cabs x number offloor stops per cab x 167 KWH = KWH per month) I x 3 x C, Tennis Court Lights (number of courts x 1000 KWH = KWH per month) x 1000 KWH D. Electric Heating (0.25 KWH x sq.fi. heated = KWH per monthfor warm climates) (0.65 KWH x sq. ft. heated = KWH per month for cold climates) x E. Hot Water Heating (320 KWH x number of 40 gallon tanks = KWH per month 320 KWH x 0 F. Air Conditioning (number of sq. ft. cooled x .34 KWH = KWH per month x .34 KWH G. Electrical Motors (see Notes 2 and 3) KWH per month 24 x .03 25.92 x .03 129.6 x .03 829.44 x .03 248.4 x .03 32.4 167 KWH = 501 0 24 24 12 12 o o o Type of Motor (horsepower x watts x hours per x.03 x % of year KWH per use per day in use = month) Motor # 1: Garage Door 1 1000 3 0.03 100.00% 90 Motor #2: Ventilation (3) 0.5 1000 4 0.03 100.00% 180 Motor #3: Sump Pump 1 1000 * for emergency use only Motor #4: Garage Ventilation 3 1000 6 0.03 100.00% 540 H. Pool/Spa Heating (Number of heaters x KWH rating x hours of daily use x 30 days = KWH per month x x TOTAL KWH PER :MONTH x 30 days = o 2576.76 1. Total Monthly Cost (total KWH per month x rate per KWH = total cost) 2576.76 x 0.13 $324.39 Meter Charge: Total Monthly Cost: $324.39 Utility Company Name: Telephone Number: Pacific Gas & Electric 1-800-743-5000 Notes 1. Do not include leased lights. Instead use lease agreement with rate schedule with budget work sheet. Put monthly charge into Item 20 I leased lights. Use a minimum of 10 hours per day average usage for exterior lighting. 2. Motors are found in swimming pool pumping systems, circulating hot water systems, ventilation systems in subterranean garages, security gates, interior hallways, and interior stairwells and also in private water systems and fountains. (Hours of use for pool pumps - see Item 201 in the Cost Manual.) 3. Normally 1,000 watts per horsepower should be used. Check plate on motor or manufacturer's specifications. If wattage is not listed, it can be calculated by multiplying amps x volts. 1, Water Heaters Therms (number of dwelling units on association meters** + laundry + outdoor + -recreation rooms showers rooms = number units 13 x 20 Therms 20 Therms 260 2. Pool (see Note I) (BTU rating x hours ~f daiZv use x _ 0003 x % of year in use = Therms) Pooi#l Pool #2 o o 3. Spa (Number ~f spas (by size) x the I'm range = Therm used) (8' diameter) (10' diameter) (12' diameter) x 300 Therms = x 350 Therms = x 400 Therms = 4. Central Heating (BTU rating x average hours of daily use x .0003 = Therms used) o 5. Other (number of gas barbecues, fireplaces, etc.) x 5 = Therms o Total Therms 260 {therms 260 x rate 1.25 Utility Company Name: Pacific Gas & Electric Telephone Number: 1-800-743-5000 Meter Charge: Total Monthly Cost: $325.00 1. The presumption is a recreation pool with heating equipment will be used all year or 100%. Less than 70% usage will require a Special Note in the Subdivision Public Report. RESIDENTIAL A. Domestic (use only tf units are billed through association) (number of units [include rec. rooms] x rate/l 00 CFx 10 = Water Cost) 13 1.76 x 10 x B. Irrigation (landscape area x rate/IOO cf x. 0033 = Water Cost 1175 1.76 x 0.0033 x C. Sewers Sewerage charges are billed per Unit, and attached to the property bill. D. Meter Charge Line Size: 3" Meter Charge: additional fire service: Meter Charge: 1" Total Monthly Cost: Utility Company Name: California Water Telephone Number: (650) 558-7800 Water Cost $228.80 $6.82 $110.07 $24.00 $22.65 $392.34 Section I Variable Assessment Computation A. Variable Costs Description 1. Insurance 2. Domestic Gas (if common) 3, Domestic Water (if common) 4. Paint 5. Roof 6. Hot Water Heater (if common) 7. Other (Recirculating Pump) Total Variable Cost Monthly Cost $666.67 $325.00 $392.34 $241,67 $109.45 $41.67 $15.00 $1 ,791. 79 B. Total livable square footage of all units from condominium plan: 15,996 C. Variable factor (variable costs I square footage = variable factor): Multiply this factor by each unit size below in Section III. 0.11 Section II Equal Assessment Computation A. Total Monthly Budget Less Variable Costs Total Monthly Equal Costs $5,416.22 $1,791.79 $3,624.43 B. Monthly Base Assessment: $278.80 (total monthly cost ./ number of units = monthly base assessmen(J LANDSCAPE lete chart and transfer "totallandsca e cost ~vpe Percent ear" to line #208 on aae3 (cumulative er hase). Area Annual Cost per SF Total Cost Per Ty e Ground cover Lawn Open space maintained Open space non-maintained Landscape re air/su plies Other 75% 1,775 1,000 25% TOTAL LANDSCAPE COST PER YEAR 2,400.00 Total ]00% B. Please provide information regarding water requirements of drought resistant plants/areas, if any. Indicate as a percentage of normal or standard watering requirements and provide source information. ROOF A. If there is only one type of roof, with a constant slope factor across all roof surfaces, the following chart may not need to be completed. When this chart is completed, transfer total roof line item on page 5. Building Type of Width of Quantity x Pitch = Adjusted x Annual = Total Annual Roof Overhang Multiplier SF Cost per SF Cost Asphalt 38 x 26 Shingles 0 6 1.12 6,639 0.11 730.33 Built-Up ] 4 x 36 Roofing 0 6 1 3,024 0.17 514.08 Asphalt 40 x 4 Shingles 0 2 1.12 358.4 0.11 39.424 Asphalt ]2 x 10 Shingles 0 2 1.12 268.8 0.11 29.568 TOT AL ROOF COST PER YEAR 1,313.40 B. If a mansard will be/is constructed please provide the measurements and type of material to be used. ,) - '^/ --, ~ ~ pi' .?- ~ ~ 1 '" ... ..... 20 0 ~.. NOTES: Owner/Subdivider: Engineer: APN: Zoning: Total lot size: ~ l Existing Use: Proposed Use: ji~ ~~m I~~ /' / I ."'~ ~ - - - ------r-- - ---pJIDpOSED GRAPHIC SCALE (FEET) SEWER 10 20 40 -..80-- I _" I Patrick Doherty and Frances Doherty Doherty Pointing & Construction 880 Innes Avenue San Francisco, CA 94124 ------ EXISTING 10" SANITARY SEWER MAIN TO REMAIN j PROPOSED SANITARY SEWER MAN~OLE L/\!\jDS UTILITY INFORUA TION Sewer/Storm Drain/Water: City of South San Francisco 315 Maple Avenue South San Francisco, CA 94080 (650) 877-8550 1. Flood Zone C: Areas of minimal flooding. Community Panel Number 065062 0001 B, September 2. 1981. 2. No public areas proposed at this time. 3. Topographic survey information prepared by Triad/Holmes & Assoc.. dated 7-10-03. BKF Engineers 255 Shoreline Drive, Suite 200 Redwood City, CA 94065 (650) 482-6300 Janine O'Flaherty. RCE No. 35220 011-313-070, 011-313-080. 011-313-090 (one lot per instrument number 2005-058783) High Density Residential (R-3) 0.408 acres Single Family Residence High Density Residential 13 Condominium Units Telephone: Pacific Bell 840 West San Bruno Avenue San Bruno. CA 94066 (650) 872-6028 4. No tree planting proposed at this time. 5. Typical setbacks are as follows: Front-15' Rear-10' Side-5'. 6. Building covers majority of the site and drainage will be conveyed through a storm water clarifier to the existing municipal system in Oak Avenue. Gas and Electric: Pacific Gas and Electric 450 Eastmoor Avenue Daly City, CA 94014 (650) 872-6028 7. Oak Avenue frontage to be improved to City Standards. Cable: AT&T Network 3070 17th Street San Francisco. CA 94110 (415) 863-8500 Fire: City of South San Francisco Fire Department South San Francisco, CA 94080 (650) 829-6645 SOURCE: 2002 YAHOO! MAPS VICINITY MAP NTS ENGINEER'S STATEMENT CIVIL ENGINEER Janine Q'F1aherty, Principal DATE P.E. #35220 BKF ENGINEERS LEGEND . SANITARY SEWER MANHOLE UTILITY STUB EXISTING CONTOUR LINE PROPOSED CONTOUR LINE SPOT ELEVATION JT - JOINT TRENCH CONCEPTUAL BLOG LOCATION WITH POTENTIAL FINISH FLOOR ELEVATIONS E-- -45- -:t:P, FF CEl BKF ENGINEERS 10 cD o ~ X ~ C3 fS ~ ~8~ :J _r<1r<1 W UcDcD Cl::Ooll ~~g~~ ~~~66 IO::JWIOIO NU>Cl::cDcD ... i ~~ acal ~-I ,.11 ! <l:: Z 0:: o l.L. ::i <l:: U a.. <( :::EW ..J:J wZ Ow 0::> <C<C a..~ We( >0 .... <cO ....m Z w .... >- f- Z :::> o u o W f- <l:: ::aE Z <l:: (f) o u (f) U z <l:: 0:: l.L. Z <l:: (f) I f- :::> o (f) ~ N N ., 0 ~ 1;: 1;1 "' 0 D l- I- i 0 J. .... 0. 0. ~ ~ ;; ~ ~ 15 ~ c!i ~ b! Drawing Number: T.M. SUBMITT AL 2-3-06 1 OF 1 STEFPIN STONES ~ -IRON <SATe rj'P. 1 <SAS ME @-r- 3 (A) \;;:,"':;1 ~ ~ '10 OAK AVENJE N&lSS1H e I il i I 20'-0" DRIva-lAY L NEW SIDewALK 4'-0' SIDeI-IAl.K 5'-1" &IDE YA~.-/ ' 11'-1 112" 45'-11 1/2" - ~POYeR POLE ~ .:' ...... .I~ .F~.w. ~~~ ~: I i-~~ A13 _____~~.<lj~J~t:t MiT [l..'" r.~1 :,,1.." 0 >I@f\. .....'>/..*""". ~~l"'" :I~I .~ ~ "'.~...~ -~ ; ; ; ; ~.1" I-:~ \".. I '" 01 i ~~ i~~~~~ 1= I ....,:. MAIL ~.~ I @ I II 0 ....t. . ~ - t~\ c~ l /' ~u~. JM '? ~ <SATe ~ 27 '? ~ I I I CABl.E CONNECTION TERMINAL CAB._ .. -~f ~ 25 I TEl... BOARD ~ ~7 ~ see ELECT.---' V~&//~ - - - ~-;~~!,~$ , I~ ~/ IJ _ -=._~ +-~ I] i{~I/1 _~-tl ~H~ T /~~ ~A ~ \eJ <" i<'lALL ABOVE o ll! @-- ~, -l ~~ M _I ;\) N @--- --"~- ... @-~~ 6' HIGH FE!lcE AT PROPE rr LINE TYl"ICAL . ........:- :E ... <<t fR ... .. I I ..... . .. ... ~N I I<SATION 11 NTROL 811 . I, I EalJI ENT ~ 12 t- ..... ........0:... .. .. .. 1+100.261 AREA DRAIN =t== ... 5- N 6',,12' ~ TREE HOlJSf: I~ . ...:.1 <? Q ..,.. . . ."1 eeNcH I .. ...... .. .... . ~...~...... .. T1(J-~I..I. .~ll J~ . ..... ... ... ... ... . ..NeI:'l.5S.MH. . ... N.I.e. .. .. .. ..... A B GROUND LEVEL / SITE PLAN (C: I~ (OJ I I , '-/ j I 21'-1" 5'-1" 4' CONe. PAD=rg] ELECTRICAL TRANSFORMER ~ light pO't--{~ k-;:: -- 4' CONI;;. RAMP NOTe. l'<fFER TO SHEET A-S.o FOR THE i<'lALL TYl"E DESCRIPTIONS. FOFt HANDICAP DeTAILS f<EFER TO SHEET A-2S REFER TO SHEET A-IS FOR THE l'IINDOI:'l AND 1?00!'1. SCHEDULE. FOR UTILlrr CONTINUATION ~ TO SHEET A-o.l (1, ~~!f~K I'lALL. L ~ ~ ~ tJ~ """llbox o '0 lb. ,=i P ~ - 4' CONe. vw..K HANDICAPPED V 1108 SF / UNIT LIVINlSr:\ ~ \2V ..,- - = = :::0 ;---6' H V'lOOD FENCE ~ 2> -@] DINING ~T/ - ~~~:_, Jim ~t-- dr Gn ,(~)OC ~ l R (' ~11:;:/1~ ~ !,OU L:R DooFlS ~ < ""'II II "'" c>@ - I f AN1RY =-s ~ .J '-'= ~I AL l> ~ ~ '--~ ~ n ~ SEDRM-2 r----. I I I I I I I r 1 I I 1 -F!" C! ELEV.I ~ L/ ~ ~ ~ l-=-_c:- ~ Ii ~ 1< ~::=~~ LINE TYPICAL g ;\) ~ t-. / A ~ .1'1 "-,, l'.. ~ i -I -@ - '+102.501 - - 19 - - "'" - .... - - LANDSCAPE S1RIP see LANDSCAFE L-I r-- r-- ~ '1'-0" I--- - - - - i<-- 6' HleH FENCE ( 1+101.421 I }- .., ~~rr LINE I ~I 18 I ~~~~~12 ~V I r-- r-- ~ I .., 4' CONe. I^lALI<: I ~~ I 100' 21 . I I I I I 1r;A:1 I '-_ FJ ~I I L ..... 1.~HI<~~p) ICX~~ . :. .1I~t:p~~t';l~ .J l- I .. ... .. . c D .. ... ... ...... ... .11. ........ .... .. .. . II I rl-SkF=1 ~ r-I~~~ "1~ POOt11 IV<sATE ~ ---- tJ~~gJ-, 4 ~ggg ~~I A~ ... '\ VISITOR ~b .L.J fr.~ ..e,'X10' .:. DOODaD! 71 VI ~ ~~~~ oPEN SPACE ~ Y N'I.e.L' ,u.,"__ mm [he . n ~m r--1 .. .......... ... .. ..... .mm .....:~L~_, ~~.t ..L..;J..... <SAND PIT :.' ,:.. ....., 000000 ~ggg~~~~~~~~~~~~~g~~~~~~~~~~~~~~DDODOdoggg~gg 198.84' ~ 45'-'1' 1<1'-4 1/2" 1'1'-'1 1/.:2" 30 29 .. ... . IS'-O" SEiCl~ o ('Ii (fJ SG.AL.E, lIe>' . 1'-0" PROPOSED MUL TI-UNIT APARTMENT BUILDING 90 OAK AVE. SOUTH SAN FRANCISCO, CA Ol^lNER & :2-IS-oe> CITY REVISION ~ : 10/05/05 CITY REYISION& :,/20/05 ANTONIO M. BRANDI ARCHITECT LlC, C-8738 TEL. 850- 689 2512 FAX 860- 871 8862 904 LARCH AVE. SOUTH SAN FRANCISCO, CA 94080 ABRANDIAoAOL.COM NOTE. All drawings and written material appearing herein Gonstltute the original and unpublished work of the ArGhlteGt and the same ma:J not be dupllGated, used, or dlsGlosed without !:he written c.onsent of the ~~~~~~~d f~~fs~J~~sntt~~rc.;~~e~,rk of the Arc.hlteGt unless othen..,lse agreed by GontraGt. @ TITLE GROUND FLOOR & SITE PLAN JOB NO. SCAlE DRAWN BY DESIGNED BY CHECKED BY DAlE 030100 AS SHOWN BRANDII ASSOC, AAt BRANDI A.M. BRANDI 1-12-03 A-1 Of 21.-1.. ~ CD eeDl'!M,:2 LEGEND: G)---- ' g ~ = WALL TYPES SEE SHEET A-9 FOR WALL Tl'PeS 0-~ .. in N 9 i!- (I) @ = DOOR .'5 SEE SHEET A-I.9 FOR DOOR NI.JMEleRS <e> = WINDOW .'5 SEE SHeeT A-I.9 FOR WI~lDOH NI.JMEleRS @-: ~ }" U- (I) g o .. ~ (I) ~ II- SECOND LEVEL FLOOR PLAN @---- @ sc.Al.E, lie." 0 1'-0' A ~ ~ ~ (~ \EY' ~ 1 B 11'-1 1/2" 4J-11 1/2" j U-l i_[ ~~t 21'-1" ~ --- -- 4:2" H RAIl.ING ~ ~ roMf- ~! i I 1LJJl1..Rffl"~~ct II ~ ~"\LII SEDFlM.2 IIIIII DN ~.I I I T ~~I~ '\ '" .~. I l&.v ~2 BEDROOM 5: I, : ,I ~~ I '\ II ~l~. '==~=~=I t11il s!THI'!M. O[ D6ATH, f<M. \j g . [QI- f-- CD \ SHeeT~ If- wk. pAllL '"'''~r <lJ1'-ElAT2~;V ~ r~m.o~l.IN;'YI2'1 vill du. /-r$p~ I 1I1-~1 0> 1~ ~r a,m " I LJ !"T 1.-1 """" V ~ ~'~I ~lJ~ ~'C ~ ,,~~: ~ "'.~ ~ '~B ~ L1-.l ~ ~>- 1 ~ i f' u .':",;, p ~ '~0 n I A c-I-'- 1 I,CJ ~1' ~ ~~ :~ M ~~ ii ~~ ~>- --r~"'o ,------- H -I-'- 6e:::>1'!M 2', ~A~ 6e:::>1'!M. I _ [Q l? i~~l ; ~ I 1 1" 'L vlL !!} : ~ r~ J 1 H I I I!t~ ~ t"~ Ii ~- T ~:'::~R)5_cx~~ I ~ I ~ :;ONe PATI ~/:'.' ItO-(X ~>W ~ 1.!a rPfioppe:::> c.l.e 1:2" .d I ~ ~ I njPlC.AL. 111 4Y ~ a ~Ji~I~ -~I rr-p fLff II @ i R;ph /\ ~ l\ ~~nkJ :h~~~C ~:'--'~ wv-i Ii o,,~ n~ ~? N ,I ~. l.oUVJ:~ ~ Iii KITCHEN P [QI- f-- ~-1n -e>. TYPIC.t - r-- I ~ I t1 r :- T @ I ml~ '''''~,,~ ':J -+- I I " I eeDl'!M.1 c.l. SEE SHeeT P-9.0 - r-- I II ~ . ;;;FIT:2;HEN;;' 3 ' 6~'~E ,II, T - !---- l.IVING I DINING , i ~ Ei:o~Ko:'~~ ~ ri '''~ :: 'U~~ 1 ~-, 1 \,-,,! I:' o~; ~ 11"0 u , ~ I ~~t~ 1 K-~!Oi~"f" r-' , I flH rr--rl ~ V ~.: ~ 7 ~ ~a,O /n,<<ll -~I I 10--= :1,@-i2J o 0 I~THI'!M. iT> ENTRY 1 ~ Ii\6AfRM. IJO ill ~ L co~p'~ ~~ hl. S c.~ SEDRM.I A~.l [QI- f- Ci /)j1 ~~. ~,~~. I f ~ (lg ~ ~ IU 6EDI'!M2 Cl L[ I ~ I I ~~ I~ Y I\~ rl ---- --~--HI~ - ~,~- --t--~- ~ 1 - I ~C~~~~,~~--.~ ,~~ THIRD LEVEL FLOOR PLAN ~ ~ :"Y @> ~ c- IRl "\~ ~ ;.$;ttl.Il.ING ~ .. II' (I) - - PROPOSED MUL TI-UNIT APARTMENT BUILDING , 90 OAK AVE. SOUTH SAN FRANCISCO, CA 9 II' (I) OWNER .6 :2-15-06 C.ITY REVI510N & : 10/03/03 C.ITY REVI510N & : "'1/20/03 ANTONIO M. BRANDI ARCHITECT LIC. C-8738 TEL. 8So- 589 2612 FAX 880- 871 8882 904 LARCH AVE. SOUTH SAN FRANCISCO, CA 94080 ABRANDIA@AOL.COM NOTE. All dra'^"ngs and I"wltten material appearing herein c.onstltute the original and unpublished Hork of the Arc.hltec.t and the same may not ~fth~~~li~~t~~itt~~~gn';;~~lc.~~s3,~ Arc.hltec.t. full payment For the ,^,ork presented c.onslders the c.onsent of the Arc.hltect unless other,^,lse agreed by c.ontrac.t. @ TITLE FLOOR PLANS JOB NO. SCAlE DRAWN BY DESIGNED BY CHECKED BY DATE 030100 AS SHOWN BRANDI! ASSOC. AM BRANDl AM BRANDl 1-12-03 A...2 OF ~L/~/F ~~(@ / //// / / ,/ /' ~ / ~~ rJ r FE ,l cEJ St U\ rr1 /0 @ ;, I ) ~ L/ g 1.102.541 ELEV. Ef 16/51 t- // I MEETINS ROOM I L;;.; _/ @~ (0 8 ~ //// /~I <<--- CONe. aOCK HALL I'llili R.1AAINS HALL. ///y/////////777//. /////////// ~ ,.102!50 I 1.102!50 I MEETING ROOM SCALE: 1/4" = 1'-0" .:26'-1U (@l @ 7//////1/// ///////// --l y I .10250 1 V ~ ~ ~ V 61 ~ ~ ~~ 7rT ; ; / TT7777 /: _______:J ; -~~ ; /: -~~~?8l ~ ~D :J[ ~b' KIT / ~ ~ DIW ~ / --- ~ R ::.oNNEC TION NAl. CAB. ~ ~ "y: /i" /'- // / ELECTRICAL. ~~ ~ ~ / TEL. BOAi'm 777/ / / ~~ h @ / ~..L!IIF ~~ )l@ ///// 010 HANDICAPPED 1108 SF / UNIT 1,,02.541 l ~ e L....r I ~ <Sl :J (CD c L.IVINS ~ "'-'!' ( 13 ,) 3'-3' -ili~ _==TI JI ~ -j I 6'-2" I l 81 V ~ - ~ - Ixf>;l6'H / SHELF Ii' fu R> V () Q DININS - c ElED""'H llil-Y V ~~ J~r:~ "'iod 0 _ y --~( \ / V oJ O'~~/3 glE=~r--1rc 10 @J ~ II:JL JIG) ~. ~ @ ~ (~~ ~ ;:: tr ~ - KfJ 6WRM-2 0 I ~~ L = ~ g~ ~~^ cw' -I--- ~ ~ @--~- - I / CIp) /1 1-0 i-FE -t UNIT I 13 SCALE: 1/4" = 1'-0" ~I <2> 7.~ ~~~ It-- j> l't g ~ j- '-- ~ y U\ r.- fu T ~ ~ ~ ~ lEI .J , r" "- " NOTE: Pl'U)VIDE TO THE HANDICAP UNIT 15 AND LAUNDRY ROOM A GYP. ElOARD SUSPENDED CEILING. LEGEND: ~ . ><ALL ""'.. SEE TO THE RIGHT FOR. VoIALL TYPES @ = DOOR II'S SEE SHEET A-1.4 FOR DOOR NUMBERS <S> = f'olINDOf'olll'S SEE SHEET A-1.5 FOR f'ollNDOf'ol NUMBERS USC NO. eH.4 KAL - 1025-5-il A -V STC 55 E--- e'!'P. 60. OR 3/f>' CEMEI'lr PLAS-reIi. /?>. GONG. SLOGK , --y ~ = Ell.OGK IF 63 PAli'llCO ~. 6LOGI< ~ PAii'llCO 12" ~. Ell.OGK UBC NO. 6-1.4 I<AL - 1025-5-il , --y , v ~ GA FILE NO. WP5520 [g] '5lb' 6YP. 60. 60TH GI SiDe 01 2)(b !lT1JD5 .Ie.o,c. ~ 51/?>' GYP. El!:l. BOTH SlOES 01 2)0 ST1JD5 .. 16' Or:.. RIYEF'-6ANK A. LAS TL 1i-61 SIM. 'T/e,'GeMI!NT---"> PL.ASlEO. 01 MTl... L....11l 01 E!i.oe. FAFEfO. 01112' FL '(JIO. ~ No RESILIENT CHANNEL STC 55 RI610 IN:lJL SIb' e'(P. BO. 01 2-1/2" MTJ.. STUDS 01 /?>' CONC.. SLOCK ~ ON 12' Ell.OGK STC 55 A V -~:~~1ve,;'s ~ ~~ , --y ~ STC 50-56 A ~ ~ A-' -V [g - 51/?>' TYPE X 6T1". 01 RESIUENT GflANNEi. 0/ :2Xb S7VD5 .. 16' O.C. R1S BArr IN$UL.ATIO>I - er'P. BO. i'iHERE OCCUI<S FIRE NRC 4 HRS. It 6e. 5/f>' er'P. ON---l FlE!!lWENT CHANNEL. 01 '51/?>' 6T1". 01 :2.><4 S7VD5 .. 16' or:.. 2><4 S7VD5 ON 16' 0 i>'lATER RESISTANT S/f>' e'(P. BD. GA FILE NO. :~. v.lP-5510 UL - U50'l FIRE GA FILE NO. I HR WPS520 '5/f>' e'(P. ElD.~ 2Xb I"L FIRE GA FILE NO. I-HR f'olP5240 :2.><4' STIJD5- 10 16' o.c. SOJNOSOARD 1+!6'IE- ~ ""A V ~ "'- 5: R: v A V [ill , ~ A J V lEJ 5/f>' oSYP. 60. son; SlOES fFIl (12)(4 ST1JD5 .. 16' o.c. ~ W SOUND SOARD OR IN:lJl.ATlON I'IHE1<e 0CGUI'lS A V STC 50 ASSEM6LY '-- 51/}' GYP. ON RESILIENT GflANNEi. 01 5/h' Gl'F. 01 :2.><4- ST1JD5 .. 16' o.c. 2><4 ST1JOS ON 16' 0.' i>'lATER fOelSTANT SIb' oSYP. 60. - 112" FLYWOOD STC Se. ~ S/f>' e'(P. 60. ElOTH SiDe 01 2Xb STlJDS .. 16" o.c. STC 5S ~5/f}' e'(P. eD.OI Sl1JD5 2X4 STUDS .. 16" , o.c. V ~ ARCH ABOVE , m v [ill STC 50-54 ~5//?>' e'(P. eo. ElOTH SIDES -112" F'LYWOOD FIRE I-HR GA FILE NO. v.lPS520 A V STC 55 FIRE I-HR. PROPOSED MUL TI-UNIT APARTMENT BUILDING -~t~~~ ~~~ HITH Al'lCH A V QJ I7ilJ I 2xe S7VD5.. 16" or:.. ~ H1TH ARCH FIRE I-HR GA FILE NO. YolPSS20 5/f>' e'(P. 00.---' 2l<Z> FL. A V 90 OAK AVE. SOUTH SAN FRANCISCO, CA STC 55 FIRE I-HR - 51/?>' "''(P. 60. 01 ST1JOS I--- 112' PI. YHOOD Oil'lNER ~ ,2-15-06 CITY REVISION ~ ' 10/03/03 CITY REVISION.&. : 1/20/03 [gJ LOH HALL - 56" HIGH :2X4 STUDS 0 16' A or:.. v FIRE I-HR RIVERSANK A. LAS TL 1i-6i SIM. FIRE I-HR WALL A ~ >< ~ A ~ ANTONIO M, BRANDI STC 50-56 FIRE I-HR. ARCHITECT WC. C-8738 TEL. 860- 589 2612 FAX 660- 871 8662 904 LARCH AVE. SOUTH SAN FRANCISCO, CA 94080 ABRANDIAoAOL,COM NOTE. - 51/?>' lYFE X >SYP. 01 RESILIENT CHANNEl.. 01 2Xb S7\JD!O" 16' o.c. All dra;.llngs and ~Jrltten material appearing herein constitute the original and unpublished ;.Iod:. of the Architect and the same rna~ not be duplicated, used, or disclosed 1~lthout the I~rltten consent of the Archlted. full pC1~ment for the Hork presented considers the consent of the Architect unless otherwise agreed b~ contract. 112' PI. '!'WOOO Rl~ BArr IN:lJl.ATlON '--- e'(P. 00. l>>IIiEI'lE 0CGUI'lS @ TITLE GROUND FLOOR ENLARGEMENT PLANS TYPES JOB NO, SCAlE DRAWN BY DESIGNED BY CHECKED BY DATE 030100 AS SHOWN BRANDII ASSOC, A.M, BRANDI AJA, BRANDI 1-12-03 A..3 OF SFL.IT CONCfllETE BLOCK I"IAI.L. TYPI"A1. PROPOSED MUL TI-UNIT APARTMENT BUILDING cp i cr ,"f'I~ TYFlCA1. i ~ THIIW LeVeL. CEMENT P'LAST!:R 90 OAK AVE. SOUTH SAN FRANCISCO, CA g t SECOND LeVeL FOAM TRIM ~ () .- N Sf'LIT~ BLOGK I"IAI.L. TYPICAl. RIGHT SIDE ELEVATION I/a"_I'-O" -r ~ ~ CITY' REVISION & ' 5/20/05 ANTONIO M. BRANDI ARCHITECT UC. C-8738 TEL. 850- 689 2612 FAX 850- 871 8882 904 LARCH AVE. SOUTH SAN FRANCISCO. CA 94080 ABRANDIAoAOL.COM NOTE. ~ t T I ~ I ~ i DORME1'I. 1YI"1CAl. All draNlngs and Nrltten material appearing herein c.onstltute the original and unpublished Hork of the Arc.hltec.t and the same ma~ not be duplicated, used, or disclosed without the wrltl:en c.onsent of the Archll:ect. full pa~ment for the work presented considers the c.onsent of the Architect unless otherwise agreed by c.ontract. @ TITLE oaueL.E SLA.ZEl:) HlNDOW TYPICAL ~ CEMENT f't.A5TER BUILDING ELEV A TIONS """" US\ICl. ~ ./""'---- - EIU1'tANGe CANOPf RCUl'D FI.A T I<OOF ~ HROUSHT I~ eAn; TYFICAl. (:1) ~ ~ """'"" LEVa. -~--rK---- ~ ~ JOB NO, SCALE DRAWN BY DESIGNED BY CtECKED BY DATE 030100 AS SHOWN BRANDI1 ASSOC. AM, BRANDI A,M, BRANDI 1-12-03 FRONT ELEVATION 112>'-1'-0" A-11 OF ... ... cr CHlr 1YP1GAl.. I DO$1YPIG~ PROPOSED MUL TI-UNIT APARTMENT BUILDING CEMENT Fl.ASTER TH1RO L.EVEL. FOAM TRIM T'1'PlGAL ~ m m FOAM TRIM 1YPICAL 90 OAK AVE. SOUTH SAN FRANCISCO, CA t ~ND L.EVEL. i:! o " 1\ !lFL1l" co~ 6LOCK WALL. ""'IG~ GlWUND L.EVEI.. FINISHED 6AADe .["03..1l'J' I CONGo PA l"H MIN. 6' DEPTH c.ovERASE FOR FOOTINeS SSO FOR FOOTIN<5 Sizes LEFT SIDE ELEVATION C.ITY REVI510N&: 2-15-0e> C.ITY REV1510Nill: 5/20/0~ I/b'=I'-O" ANTONIO M. BRANDI ARCHITECT UC. C-8738 fa. 660- 689 2612 FAX 850- 871 8ea2 904 LARCH AVE. SOUTH SAN FRANCISCO. CA 94080 ABRANDIAcAOL.COM NOTE. .AII droHlngs and Hrltten moterlol oppearlng herein constitute the original ond unpublished Hork of the Archlwet and the some moy not be duplic.oted, used, or disclosed Hlthout the Hrltten consent of the Architect. Full payment For the Hork presented considers the c.on&ent of- the Architect unless otheiHls6 ogreed by contract. Cf I ~ ~ @ ~ I @ TITLE BLDG. ELEVATIONS ~ C.EMENT F'LA5713'( ~. Tl<lM r;- ... ~ JOB NO. 030100 SPLIl" GONGRETE SCALE AS SHOWN ElI-OGK I'W.L. 9 DRAWN BY BRANDI! ASSOC. 't 1YPIGAL DESIGNED BY AM BRANDl 6I'CU<O U!VEl. CHECKED BY AM BRANDl DATE 1-12-03 R.EAR. ELEVATION 1/20"=1'-0' A ...12 OF DATE: April 20, 2006 TO: Planning Commission SUBJECT: Lowe's Draft Environmental Impact Report Owner: Project 101 Associates Applicant: Lowe's HIW, Inc. Site Address: 600-700 Dubuque Avenue Case No. P05-0097 [EIR05-0002 (SCH# 2005-08-2031)] RECOMMENDATION Conduct a public hearing and take public testimony on the Lowe's Draft Environmental Impact Report. BACKGROUND Project Overview The 12.8 acre project site is situated at 600-700 Dubuque Avenue, and is bounded on the west by Dubuque Avenue and Highway 101, on the north by single story office buildings and services, and to the east and south by Union Pacific Railroad line right-of-way. PROJECT DESCRIPTION The proposed development involves the demolition of three of the four existing buildings totaling 220,932 square feet and the construction of a 124,051 square foot one-story Lowe's home improvement store, an adjoining 24,698 square foot outdoor Garden Center, a small seasonal outdoor sales and display area, and the retention of a 15,178 retail building (housing West Marine). Parking for 655 passenger vehicles will be provided in an open on-site parking lot. Employee only parking will be provided on an adjacent PG&E parcel. The total sign area is estimated to reach 1,000 square feet including signs for the West Marine store. This program is still being refined by the applicant. Two of the existing four driveways would be retained at the same locations. Two new driveways would be established to provide better site accessibility. The property consists of five parcels, including one owned by PG&E. Four of the parcels will be merged Proposed Use The proposed development is for retail sales ofbuildh"'1g supplies, lumber, hardware and associated items such as appliances, barbeques, pool accessories, home furnishings, patio furniture and materials associated with home improvement and maintenance. The proposed outdoor Garden Center and Nursery would provide for retail sales of plant and nursery items. It is anticipated the store will also provide rental tools and equipment to be leased for construction, gardening and home improvement projects. It is expected that sales activity will also include propane, trailers and sheds. On-site truck rentals will probably occur and the site may have several outdoor independent food vendors. The project will include outdoor sidewalk sales and display of special products, such as plant and nursery materials, barbeques, outdoor patio furniture, tools and seasonal decor in the parking lot area~ Seasonal sales events of items such as pumpkins and holiday trees and wreaths, would take place near the garden center. Seasonal sales events are estimated to be 4 times per year comprised of two weeks in spring, two weeks in SUlmner and four weeks in fall and four weeks in winter. Store Operation The project will require delivery of heavy merchandise. Items will be off-loaded at the loading docks on the northerly end of the building and brought inside with forklifts. The store operating hours are typically 6 AM to 10 PM with the option for remaining in operation for 24 hours per day. Truck deliveries would occur throughout the day and may include 24 hour deliveries. The store will employee an estimated 150 full-time and part-time employees with 75% of the employees being full-time, primarily derived from local communities. It is assumed key managers and employees will be transferred from other stores to maintain quality of service and operational consistency. The shifts are likely to number 2 to 3 per day with more shifts if the store operates on a 24 hour basis. Approximately 50 to 75 employees are anticipated per shift. Hours of operation will be Monday through Saturday 6 AM to 10 PM and Sunday from 7 AM to 8 PM. West Marine The existing 13,178 square foot Building IV will be retained. The West Marine store occupies the southerly half of Building IV. The store is expected to operate during normal business hours and on Saturdays. Based on City Business License records, the store employs an estimated 9 persons. The use of the remainder of the building has not been determined, but is anticipated to be retail or a related complementary use. DISCUSSION 2005 DEIR Scoping The Draft Environmental Impact Report (EIR) (State Clearinghouse # 2005-08-2031). The environmental analysis covers all of the requirements set forth in the California environmental Quality Act (CEQA) but focuses on traffic, circulation, air quality, noise, geology and soils, drainage, utilities, public services and analyzes the following alternatives: · No Project - Assumes continuation of the existing commercial use. · Reduced Commercial- Assumes a smaller building amounting to 74,375 square feet of floor area. The CEQA requires an EIR to include a discussion of a reasonable range of alternatives to the preferred option. CEQA also requires that the EIR explain why specific project alternatives that were considered at one time in developing the project were rejected in favor of the preferred option. The proposed development has been determined to be the "preferred option". The "no project" alternative is required by CEQA to highlight the impacts of the proposed development and alternatives. An EIR is not required to evaluate alternatives that would have effects that cannot be determined or for which implementation would be remote and/or speculative. DEIR and Development Review Process The public review period on the DEIR commenced on March 24, 2006 and will close on May 8, 2006. Comments on the DEIR will be responded to in a "response to comments" document and produced as a draft Pinal EIR. The City Council will conduct a certification hearing on the Pinal EIR after the Planning Commission considers and makes a recommendation on the document. A joint study session of the City Council and Planning Commission was conducted on October 5,2005. The key topics raised at the meeting included, but were not limited to, parking, circulation, traffic, building aesthetics, and landscaping. Public comments offered at the meeting identified similar concerns regarding traffic, circulation, parking and economic effects. These comments are included in the DEIR analysis. CONCLUSION Staffwill assemble the comments on the DEIR and prepare responses to be included in the draft Pinal EIR. ~ ~//~~ Attachment: DEIR previously transmitted to the Planning Commission under separate cover on March 24,2006. [Copies of the DEIR are available at the City's public libraries, at City Hall in the Planning Division and on the City's website at www.ssfnet.}