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Home My WebLink AboutReso 4160-1965RESOLUTION NO. ~160 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION GRANTING USE PERMIT KECOM- MENDED IN PLANNING COMMISSION RESOLUTION NO. 1836 FOR CAESAR-CALLAN HOMES , INC. BE IT RESOLVED by the City Council of the City of South San Francisco that: WHEREAS, the City Council has received the report and recommendations of the Planning Commission set forth in the Commission's Resolution No.1836, passed the llth day of January, 1965, Findings of Fact, Summary of Hearings, Plan- ning Officer's Report and various documents, exhibits and related papers, all of which came on for consideration by the Council at said Council's regular meeting on the ls~ day of March , 1965, and, WHEREAS, the Council did consider same and made same part of the record in the matter and evaluated the proposed use and the effects thereof; NOW, THEREFORE, IT IS ORDERED as follows: 1. The Council does find upon the report and recom- mendations of the Planning Commission set forth in Rmsolution No.1836, passed the llth day of January, 1965, Findings of Fact, Summary of Hearings, Planning Officer's report and the various documents, exhibits and related papers, all of which have been considered and made part of the record of the proceedings herein, that said use will not under the circumstances of the particular case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such proposed use and will not be detrimental or injurious to property and improve~ents in the nei§hborhood or the general welfare of the City. 2. The Council does order that: a. A Use Permit issue to Caesar-Callan Homes, Inc. for a planned unit in an R-2 area, kno~m as Parcel E of Tract 817, Westborough Unit #3 Greenview Commons, on the terms and conditions as recommended by the Plannin§ Commission in 8aid Commission's Resolution No.1836, passed the llth day of January, 1965. b. These further conditions and qualifications are hereby designated by the Council: 1o That the construction, installation and maintenance of the common greens and land- scaped areas, other easements, areas and facil- ities reserved for use and benefit of owners and residents of the unit or district, and the easements, areas and facilities located on building lots including those designated I.E.E. (Ingress and Egress Easements) and P.D.E. (Private Drainage Easements) shall be performed as set forth in Exhibit "A" to this Resolution, the title of which is sub- stantially as hereinbefore set forth. I hereby certify that the foregoing resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the 1st day of 19 ,,,, by the following vote: AYES, COUNCILMEN I! NOES, ABSENT, " regular March Patrick E. Ahem, Frank Bertucelli, Emilio Cortesi, Andrew Rocca, and Guido J. Rozzi. None. None. ATTEST: City Cie~k EXHIBIT "A" TO RESOLUTION NO. CONSTRUCTION, INSTALLATION AND MAINTENANCE OF COMMON GREENS AND LANDSCAPED AREAS, OTHER EASE- MENTS, AREAS AND FACILITIES RESERVED FOR USE AND BENEFIT OF OWNERS AND RESIDENTS OF THE UNIT OR DISTRICT, . AND THE EASEMENTS, AREAS AND FACILITIES LOCATED ON BUILDING LOTS INCLUDING THOSE DESIG- NATED I.EoE. (INGRESS AND EGRESS EASEMENTS) AND P.D.E. (PRIVATE DRAINAGE EASEMENTS) Ao Construction and Installation Applicant-Developer shall construct and install .the common green areas and landscaped areas including the facilities required there- for; and the other easements, areas and facilities reserved for use and benefit of owners and residents of the unit or district; and the easements, areas and facilities located on building lots includ- ing those designated I.E.E. (Ingress and Egress Easements) and P.D.E. (Private Drainage Easements) and shall make the necessary conveyances to the Homeowners Association and/or private property owners as shown on the approved landscape plan of the general development plano Applicant-Developer shall execute a contract secured by a performance bond in the principal ~um of Th~rty-F~ve Thousand Dollars ($35,~OO.OO ) to assure performance thereof. i~. Modification The Planning Commission, on its own motion, request of the Plan- ~ing Officer or application of the Homeowners Association, may con- sider modification of the common greens and landscaped areas and facil- ities constructed therein, when such modification will, in the opinion c,f the Planning Commission, serve the best interest on the planned ~nit or district and serve to better implement the purposes for which the planned unit or district was formed. The hearing shall be con- 6ucted in a manner provided for hearings for Use Permits. Maintenance 1o Agreement Applicant-Developer shall maintain the common greens and~land- ~caped areas including the facilities constructed therein and the ,c~ther areas, easements and facilities hereinbefore described, until same are conveyed to Homeowners Association and/or private parties. Applicant-Developer shall, upon completion and construction and in- stallation of the landscaped areas, etc., execute a contract with a qualified landscape contractor for the maintenance of said areas for a period of five years, which contract shall provide that the Home- owners Association may elect to continue'or discontinue the services of said landscape contractor by written notice given to said con- tractor ninety days prior to the date set for said termination° A copy of the contract with the landscape contractor shall be filed with the Planning Officer and City Clerk. Thereafter, the Homeowners Association shall file with the Planning Officer and the City Clerk a copy of any contract with the landscape contractor for the main- tenance of common greens and landscape areas or in lieu thereof a schedule of work which is adequate to maintain the common greens and landscaped areas to the standards set forth on the approved landscape plan of the general development plano 2. Declarations of Covenants and Restrictions Applicant-Developer shall record Declarations of Covenants and Restrictions approved for said unit or district which obligates the Homeowners Association to maintain the common greens, landscaped areas, etc. to the standards set forth on the approved landscape plan of the general development plano 3° Inspection and Report The Planning Officer annually on or before the 15th day of January shall inspect the common greens and landscaped areas for the purpose of determining whether said areas are being maintained to the standards set forth on the approved landscape plan of the general development plano The Planning Officer, on request of an owner, resident, Homeowners Association or mortagee shall inspect the common greens and landscaped areas to determine whether said areas are being maintained to the standards set forth on the approved land- scape plan of.the general development plan. The Planning Officer, upon completing the inspection, shall file a report with the Planning Com- mission, and the Planning Commission, upon considering said report, shall make a determination as to whether remedial work is required; and if none is required, make such an order filing a copy thereof with the Planning Officer and City Clerk; but if remedial work should be required, then said Commission shall set a hearing for the determination of the amount of the remedial work required and the cost thereof, giv- ing notice of said hearing to the Homeowners Association and the own- ers in said unit or district. The notice shall inform the Homeowners Association and owners in said unit or district that the common greens and landscaped areas are deficient or are being maintained in a manner not consistent with the approved landscape pland of the general de- velopment plan, specifying wherein said common green areas are deficient or do not so comply, and said notice shall further require that the Homeowners Association and the owners in said unit or district per- form the remedial work or file a schedule of work which will remedy the deficiency within thirty days after receipt of said notice. Should the Homeowners Association and/or the owners in said unit or district fail to perform the remedial work or file such a schedule, then the Planning Commission may, after closing the hearing, order the remedial work done and assess the cost thereof against the Homeowners Asso- ciation and/or the individual owners of property in said unit or district, collecting the said sum by way of an action in the court with jurisdiction thereof or filing said charge as a lien against the properties of the respective o~ers in said unit or district. Do Revision of Terms of the Use .Permit The Planning Commission., on its own motion, request of the Plan- ning Officer, and request of the Homeowners Association, may consider a revision of the terms of this Use Permit, effecting such revision by a hearing procedure similar to the manner in which the Use Permit was originally granted. E. Modification of Maintenance Methods The terms of this Use Permit may be modified to take advantage of any new or more appropriate method for maintaining the common greens and landscaped areas which provides for a more efficient and expeditious method of collecting the pro-rata assessment from the property owners within said unit or district. °