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Home My WebLink About2006-05-24 e-packet AGENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIP AL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, MAY 24, 2006 7:00 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Agency business, we proceed as follows: The regular meetings of the Redevelopment Agency are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents Redevelopment Agency from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your coopl(ration. The Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Board action. JOSEPH A. FERNEKES Chair RICHARD A. GARBARINO, SR. Vice Chair MARK N. ADDIEGO Boardmember PEDRO GONZALEZ Boardmember KARYL MATSUMOTO Boardmember RICHARD BATTAGLIA Investment Officer SYLVIA M. PAYNE Clerk BARRY M. NAGEL Executive Director STEVEN T. MATTAS Counsel PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT IS A V AILABLE FOR USE BY THE HEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS CALL TO ORDER ROLL CALL AGENDA REVIEW PUBLIC COMMENTS CONSENT CALENDAR 1. Motion to approve the minutes of May 10, 2006 2. Motion to confirm expense claims of May 24,2006 3. Rejection of construction bid fOf 380 Alta Vista Drive and authorization to fe-bid the project ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEETING AGENDA MAY 24, 2006 PAGE 2 ~'tl\ s:1N g ~ . ~\t.\ (0 0 >-< ..... l;::; ~ v 0 C'4..lIFO?-"'f.~~ - Redevelopment Agency Staff Report RDA AGENDA ITEM #3 DATE: TO: FROM: SUBJECT: May 24, 2006 Redevelopment Agency Board Marty VanDuyn, Assistant Executive Difector 380 ALTA VISTA DRIVE REHABILITATION PROJECT RECOMMENDATION It is recommended that the Redevelopment Agency adopt a Resolution rejecting the bid received for the proposed 380 Alta Vista Drive Rehabilitation Project, Engineering File No. PB- 06-3; Bid No. 2393; and authorizing a re-bid of the project. BACKGROUND/DISCUSSION The pfoperty located at 380 Alta Vista Dfive, at the intefsection ofConmur Street, was acquifed by the City's Redevelopment Agency in Apfi12005. The site consists of one parcel with a residential house, which had sevefal illegal tenant units. In 2005, the Redevelopment Agency completed the initial clean-up of the pfoperty, including: dismantling and demolishing five illegal units in the basement area, debfis femoval, tree trimming and stump femoval, building inspection systems checks (electfical, plumbing, heating), plan design and review, and testing and femoval of toxic matefials which requifed gutting the bathrooms and kitchens down to the studs. The lead and asbestos abatement was completed in March 2006. The bid was advertised in the San Mateo Times and the Buildef's Exchanges. Bids wefe due and opened on Thursday, Apfil 27, 2006. The only bid received came from Roebuck Construction located in San Ffancisco, in the amount of$398,560 and did not include the landscaping WOfk. The bid was significantly highef than the City Engineer's estimate of $300,000. Thefefore, it is recommended that the bid be fejected and the project fe-bid. The scope of wOfk generally consists of remodeling the existing two-story house. Remodeling includes landscaping, minimal structural improvements, kitchen and bathroom femodeling, electrical and plumbing upgrades, HV AC upgrades, new floor finishes and painting the entire house. CONCLUSION It is believed that the re-bid of the project will allow for more contractors to bid on the rehabilitation and result in a project cost mOfe in line with the engineer's estimate. The new bid will be advertised and issued in June with a deadline for submittal in July. The most responsible bid will be brought to the Agency for approval at that time. Staff Report Subject: 380 Alta Vista Dfive Rehabilitation Project Page 2 The schedule for this project will be pushed back several months; however, a cost savings should offset the delay. It is anticipated that a construction contract may be issued in August or September 2006. This property will continue to be a single family fesidence. Once construction is complete, the Agency will fent the house to a low-moderate income household at the appfopfiate rent level for their family size, as requifed by California Redevelopment Law. It is recommended that the Agency Board adopt the attached Resolution rejecting the bid and authofizing re-bid of the project. By: ApPfoved: Marty VanDuyn Assistant Executive Dife BMN:MVD:NF Attachment: Resolution RESOLUTION NO. REDEVELOPMENT AGENCY, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION REJECTING ALL BIDS FOR THE 380 ALTA VISTA DRIVE REHABILITATION PROJECT (ENGINEERING NUMBER PB-06-3) WHEREAS, the Redevelopment Agency of the City of South San Ffancisco (the "Agency") acquired a dilipated residential structure at 380 Alta Vista Drive; and WHEREAS, the Agency solicited bids for the purpose of fehabilitating and remodeling said structure so that it could be made available for use by low-moderate income households in a mannef consistent with the Agency's mission and goals; and WHEREAS, pursuant to Public Contract Code Section 20166, a public entity retains the discfetion to reject all bids it receives on a given project and to put the project back out to bid; and WHEREAS, the Agency Board now wishes to reject all bids submitted fOf the Project and to put the Project back out to bid to serve the best interests of the Agency. NOW, THEREFORE BE IT RESOLVED, that the Redevelopment Agency Board of Directofs hereby rejects all bids for the 380 Alta Vista pfoRehabilitation Project and directs Agency staff to put the Project back out to bid. * * * * * I hereby certify that the foregoing Resolution was regularly intfoduced and adopted by the Redevelopment Agency of the City of South San Ffancisco at a meeting held on the day of , 2006 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk 829980vl - .O..~'\.~'~~...._N..P~. s.' .., 'f, Ih 'iP) !:: '0(") () - t.'ffiifiI'-.s (>4lIFOR"'\~ - AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIP AL SERVICE BUILDING COMMUNITY ROOM WEDNESDAY, MAY 24, 2006 7:30 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the City Council on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. JOSEPH A. FERNEKES Mayor RICHARD A. GARBARINO, SR Vice Mayof MARK N. ADDIEGO Councilman PEDRO GONZALEZ Councilman KARYL MATSUMOTO Councilwoman RICHARD BATTAGLIA City Treasurer SYLVIA M. PAYNE City Clerk BARRY M. NAGEL City Manager STEVEN T. MATTAS City Attorney PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS . Spring 2006 Citizens Academy Graduation - Assistant to the City Managef Susan Kennedy . Rebuilding Togethef Peninsula's National Rebuilding Day 2006 City Sponsofed Projects- Community Development Coordinator Seana O'Shaughnessy Certificate of Achievement fOf Excellence in Financial Reporting Award (CAFR Program)- Accountant II Stella Huey AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL . Announcements . Committee Reports CONSENT CALENDAR 1. Motion to approve the minutes of May 10,2006 2. Motion to confirm expense claims of May 24, 2006 3. Resolution authorizing the acceptance of $3,031 in grants and donations to support the Library's Readef Leadef and Summer Reading Club programs and amending the Library Department's opefating budget fOf FY 2005-06 4. Resolution authorizing professional services agreement fOf parking citation processing with TUfbo Data System, Inc. 5. Acknowledgement of proclamations issued: Mike Gonzalez, Jim Hale, Gary Kibbee, John Melody, Lonnie Nowlin, Norm Payne, and Bob Stumbough, 5/13/06 PUBLIC HEARING 6. Consideration of appeal of Planning Commission decision to deny a Use Permit to allow a fental car fleet maintenance use, including construction of a maintenance building, caf wash and related site improvements, at 1080 San Mateo Avenue in the M-l Industrial Zone District in accordance with SSFMC Section 20.30.030; Appellant: Vanguard Car Rental USA, Inc - Public hearing continued from May 10, 2006 7. Consideration of Tentative Subdivision Map for property located at 90 Oak Avenue, allowing thirteen residential condominiums and common area; Density bonus of nine pefcent allowing one additional dwelling unit; affordable housing agreement restricting REGULAR CITY COUNCIL MEETING MAY 24, 2006 AGENDA PAGE 2 three dwellings as affofdable housing units; and design feview allowing construction of a three story, thirteen unit, residential condominium building with thirty parking spaces and common area; P06-0016: SA06-0001, AHA06-0001, DB06-0001 and DR06-000l5; Ownef/ Applicant: Patrick Doherty ADMINISTRATIVE BUSINESS 8. Resolution authorizing a memorandum ofundefstanding and a permit to entef among Bart, SamTfans and the City of South San Ffancisco in connection with the bike path/Linear pafk 9. Confirm ChiefPlannef's approval of the COIOf samples and roof materials fOf South City Lights Development at 2280 Gellert Boulevafd LEGISLATIVE BUSINESS 10. Waive reading and introduce an ofdinance amending SSFMC Chaptef 2.80, Cultufal Arts Commission COUNCIL COMMUNITY FORUM ADJOURNMENT REGULAR CITY COUNCIL MEETING AGENDA MAY 24, 2006 PAGE 3 AGENDA ITEM #3 DATE: May 24, 2006 TO: Honofable Mayor and City Council FROM: Valerie Sommer, Library Director SUBJECT: RESOLUTION AUTHORIZING THE ACCEPTANCE OF $3,031 IN GRANT FUNDING AND DONATIONS TO SUPPORT THE LIBRARY'S READER LEADER AND SUMMER READING CLUB PROGRAMS AND AMEND THE LIBRARY DEPARTMENT'S 2005/2006 OPERATING BUDGET RECOMMENDATIONS: It is recommended that the City Council adopt a resolution authorizing the acceptance of $3,031 in grants and donations to support the Library's Reader Leader and Summer Reading Club programs and amending the Library Department's operating budget for fiscal year 2005/2006. BACKGROUND: The Library has feceived $436 in donations from "Friends of Bill Boldenweck" in celebration of his recent birthday, $1,095 from donations and book sales during the Lemony Snicket program, $1,000 from the Ffiends of the Library and $500 ffom the Philanthropic Ventures Foundation to fund the Childfen's Services' ReaderLeader and Summer Reading Club programs. The Reader Leader program enables 6th to 12th graders to assist elementary school childfen in practicing reading skills and the Summer Reading Club encourages children to read during the school break. FUNDING: The funds will be used to amend this year's operating budget of the Library Department. Funds not expended at the end of fiscal year 2005/2006 will be carried over into fiscal year 2006/2007. Receipt of these funds does not commit the City to ongoing support after the close of the funding cycles. CONCLUSION: Receipt of these funds will enable Children's Services to continue programs and services which are not otherwise funded. It is fecommended that the City Council accept $3,031 in grant funding and donations to support Children's programming and amend the Library Department's fiscal year 2005-2006 operating budget. \ / n '- (' By:V~~ Valerie Sommer Library Director RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE ACCEPTANCE OF $3,031 IN GRANT FUNDING AND DONATIONS TO SUPPORT THE LIBRARY'S READER LEADER AND SUMMER READING CLUB PROGRAMS AND AMEND THE LIBRARY DEPARTMENT'S 2005/2006 OPERATING BUDGET WHEREAS, staff recommends the acceptance of $436 in donations from "Ffiends of Bill Boldenweck", $1,095 from Lemony Snicket donations and book sales, $1,000 from the Friends of the Library and $500 from the Philanthropic Ventures Foundation to support Children's services; and WHEREAS, the funds will be used to amend this year's opefating budget of the Library Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts $436 in donations from "Friends of Bill Boldenweck", $1,095 ffom Lemony Snicket donations and book sales, $1,000 from the Ffiends of the Library and $500 ffom the Philanthropic Ventures Foundation to support the Readef Leadef and Summef Reading Club programs and amends the 2005-2006 Opefating Budget, to feflect an incfease of $3,031 to the Library Department's budget. * * * * * 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 regular meeting held on the day of , 2006 by the following vote: AYES: NOES: ABSTAIN: ABSENT: A TrEST: City Clerk ~'tl\ S:1N S ~ . ~\t.\ (0 0 >-< ..... l;::; ~I " ~llFo?-"~ 0 Staff Report AGENDA ITEM #4 DATE: TO: FROM: May 24, 2006 Honofable Mayor and City Council Jim Steele, Finance Director Mark Raffaelli, Chief of Police SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR PARKING CITATION PROCESSING RECOMMENDATION It is recommended that City Council adopt the attached resolution authorizing the City Manager to execute a contract with Turbo Data Systems, Inc., for parking citation processing and adjudication services. BACKGROUND/DISCUSSION In 1999, the San Mateo County cities and agencies that issue parking citations came togethef to issue a request fOf proposal (RFP) fOf parking citation services. As a result of a change in State law that decriminalized parking citations, the County court system transferred the responsibility fOf parking citation pfocessing and collection to local agencies. Rathef than form ajoint powers agency, it was determined it would be most efficient to issue a combined RFP with individual contfacts fOf each agency in the County. By combining the volume of all ticketing agencies, we believed that we could feceive the best pfocessing fates and highest level of service. The San Mateo County Finance Officefs Group took fesponsibility fOf coofdinating with their fespective agencies' police departments to be sure that the RFP addressed all necessary requifements. As a fesult of that process, Turbo Data Systems, Inc. (TDS) was selected. All agencies within San Mateo County entefed into individual contracts for service with TDS. Those contracts expired on June 30, 2005. TDS agreed to fenew the contracts under the same terms and conditions fOf an additional year during which time the San Mateo County cities and agencies would determine what course to take for the future. Aftef consulting with the fmance officers group and in turn polling the police departments, it was clear the level of satisfaction with the current vendof was very high. However, it was also determined that it would be in the best interest of the agencies to issue a new RFP to be sure we were receiving the best service and pricing. As the agency that issued the most citations, the City of Daly City took the lead in managing the process, including hiring a consultant to make necessary revisions to the RFP and manage the logistics and assist in the evaluation of the fesponses. Four vendofs were solicited, and all expressed interest in responding. Ultimately, only two vendors responded to the RFP. Staff Report Subject: Services Agreement for Parking Citation Processing Page 2 Aftef careful feview by the consultant and with input from the cities writing greater than five percent by volume of the parking citations within the County (this includes the City of South San Francisco), the finance group determined that entering into a new contract with our existing vendor, TDS, will best serve our needs. Thefe will be no disruption in service Of need for staff training time to convert to a new vendor and system. The Police Department concurs with this recommendation. Ovefall pricing, services and technology wefe essentially equal between the two fespondents. TDS pfoposed fates that are comparable and in aggregate, virtually identical to the only othef fesponding vendof. The proposal is also significantly below existing fates. F Of example, pef citation processing fees will be feduced from $l.46 to $1.28 fOf all electronically issued citations, while hand written citations will decline from $1.54 to $1.40 each. (The vast majority of all our parking citations are written electronically by our Parking Enforcement Officefs. Police Service Technicians and Patrol Officefs hand write their citations). Services provided in the contract with TDS include citation processing, collection by mail, phone Of web site, multiple femindef notices, the placing ofDMV holds, appeals and administrative adjudication services and provide optional advanced collection efforts. The City of South San Ffancisco' s costs fOf citation processing are anticipated to decline by approximately 12 pefcent ovefall while still maintaining the same quality of service. Total fees paid to TDS in the priof fiscal year were appfoximately $60,000, so the anticipated savings are about $7,000 annually. The initial term ofthe contract will be fOf five years with no increase in fees during that period othef than direct pass- through of any postal fate incfeases. The contract contains an annual renewal pfovision aftef the initial term. CONCLUSION The City of South San Ffancisco would be well served by fenewing the existing contract with TDS fOf the processing of its parking citations. The RFP process has fesulted in a lowered cost to the City of South San Ffancisco and to othef participating San Mateo County cities. Approve By: Mar Raffaelli Chief of Police Attachments: Resolution Agreement JS/MRIBN:ed RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH TURBO DATA SYSTEMS, INC., FOR PARKING CITATION PROCESSING SERVICES WHEREAS, the City of South San Francisco, as well as many other jurisdictions in San Mateo County have been well served by the current parking citation processing contract with Turbo Data Systems, mc.; and WHEREAS, the current contract expires on June 30, 2006; and WHEREAS, as the lead agency, the City of Daly City sent out a Request for Proposals (RFP) for renewed services; and WHEREAS, the results of that RFP have indicated that Turbo Data Systems, mc., is still a cost effective alternative fOf cities in San Mateo County. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorized the City Managef to execute an agreement with Turbo Data Systems, mc. * * * * * 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 regular meeting held on the _day of , 2006 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk 821867-1 AGREEMENT FOR PROFESSIONAL SERVICES - PARKING CITATION PROCESSING AND ADJUDICATION This Agreement is entered into by and between Turbo Data Systems, Inc. (TDS), a California Corporation, and the City of South San Francisco (hereinafter "Customer"), a municipal corpofation, EFFECTWE JULY 1, 2006. WHEREAS, TDS and Customer desire to enter into an Agfeement whereby TDS will process parking citations for Customer pursuant to the terms and conditions set forth herein, including all applicable State and local laws and regulations in effect now and during the term of this Agreement, and WHEREAS, TDS is a firm specializing in the provision of parking citation processing and felated services, with considefable knowledge and experience in the field. NOW, THEREFORE, in consideration of the mutual covenants, conditions, fepresentations, and warranties contained herein the parties hereby agree as follows: 1. PROFESSIONAL SERVICES TO BE PROVIDED. TDS shall be independently responsible for providing the services described in the scope of wOfk attached hereto as Exhibit "A" and incorporated herein by reference. TDS agrees to extend these services to all San Mateo County Cities and Agencies which issue parking citations and wish to receive such services from TDS. Courier and banking services will be negotiated separately with new agencies not a part of the original RFP process. 2. TERM. This Agreement shall become effective July 1, 2006 for a period of five (5) years. 3. OPTION. Upon the expiration of this Agreement, Customer shall have the option, in its sole and absolute discretion, of extending this Agreement for an additional three (3) years on the terms and conditions contained herein, except that TDS may pfopose an increase of six (6) percent or less to the compensation amounts in Exhibit "A". Customer shall notify TDS in wfiting at the address listed in the NOTICE section of this Agreement of its intention to extend this Agreement at least one hundred-twenty (120) days priof to the expiration of this Agreement. 4. CONSIDERATION. In consideration for services performed by TDS as provided in this Agreement, Customer shall pay TDS pursuant to the terms set forth in Exhibit "A" which is attached hereto and incorpofated herein by this reference. 5. PAYMENT OF FEES. Charges determined on the basis set forth in Exhibit "A" shall be billed on a monthly basis in arrears and payment therefore shall be made within fifteen (15) days after submission of each separate invoice. 6. CALCULATION OF AMOUNTS DUE COUNTY. TDS shall calculate amounts due the County of San Mateo as required by State law and forward the figures (Paid Citation Distribution Report) to Customer in a timely manner so that Customer is able to remit the required funds to the County of San Mateo before the date due. Page 10f 9 7. ACCOUNTING RECORDS. Records of the citations processed by TDS shall be available for examination by Customer or its authorized representative(s) at a time agreeable to Customer and TDS within one week following a request by Customer to examine such records. Failure by TDS to permit such examination within one (1) week of a request shall permit Customer to withhold all further payments until such examination is completed unless an extension of time for examination is authorized by Customer in writing. 8. TIME OF PERFORMANCE. Time is of the essence, and TDS shall perform the services required by this Agreement in an expeditious and timely manner so as not to unreasonably delay the purpose of this Agreement. 9. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, TDS shall be an independent contractor and shall not be an employee of Customer. Customer shall have the fight to control TDS only insofar as the results of TDS's services rendered pursuant to this Agreement; howevef, Customer shall not have the right to control the means by which TDS accomplishes the services rendered pursuant to this Agreement. 10. FACILITIES AND EQUIPMENT. TDS shall, at its own cost and expense, provide all facilities and equipment that may be required for performance of the services required by this Agreement. 11. INDEMNIFICATION BY TURBO DATA SYSTEMS, INC. TDS is skilled in the professional calling necessary to pefform the services and duties agreed to be performed by TDS under this Agreement, and Customer, not being skilled in such matters, relies upon the skill and knowledge of TDS to perform said services and duties in the most skillful manner. Thefefore, TnS agrees to indemnify, defend, and hold harmless Customer, its officers, officials, employees, volunteers and agents harmless from and against any and all liability, claims, suits, actions, damages, and causes of action, including attorney's fees, arising during the term of this agreement out of any personal injury, bodily injury, loss of life, Of damage to property, or of any violation of any federal, state, or municipal law or ordinance, or other cause to the extent caused by the negligent acts Of omissions of TDS, its employees, subcontractors, or agents, or an account of the performance Of charactef of this work, except fOf any such claim arising out of the sole negligence or willful misconduct of Customef, its officers, officials, employees, volunteers and agents. Acceptance by Customer of the work performed under this agreement does not opefate as a release of TDS from such professional responsibility fOf the wOfk performed. It is furthef undefstood and agreed that TDS is apprised of the scope of the work to be pefformed undef this Agreement and TDS agrees that said wOfk can and shall be performed in a fully competent manner. 12. LIABILITY LIMITATION AND INDEMNIFICATION BY CUSTOMER. TDS shall use due care in processing work of Customer but TDS shall be responsible only to the extent of correcting any errors that are due to the equipment or personnel of TDS, such errors shall he corrected by TDS at no additional charge to Customer. TDS shall be entitled to reimbufsement from Customef for any expenses incurred by TDS for the correction of any erroneous information provided by Customef and TDS shall not be responsible for Page 20f 9 Customers' losses and expenses resulting from erroneous source materials provided by Customer. Neither party shall be liable to the other for any indirect Of consequential losses or damages. Customer shall indemnify and hold harmless TnS and its officers, directors, shareholders, employees and representatives from any and all claims, demands, liability, damages, and judgments arising out of erroneous information provided by Customer. 13. INSURANCE. On Of before beginning any of the service or work called for by any term of this Agreement, TnS, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thefeof that is acceptable to Customef the insurance specified in Exhibit "B" to this Agreement undef forms of insurance satisfactory in all fespects to Customer. TnS shall not allow any subcontractof, professional Of otherwise, to commence work on any subcontract until all insurance fequired of TDS has also been obtained for the subcontractor. 14. FAIR EMPLOYMENT PRACTICESIEQUAL OPPORTUNITY ACTS. In the pefformance of this Agreement, TnS shall comply with all applicable provisions of the California Fair Employment Practices Act (California Government Code Section 12900) and the applicable equal employment provisions of the Civil Rights Act of 1964, whichever is more festrictive. 1'5. AGENCY. Except as Customef may specify in writing Tns shall have no authority, expressed or implied, to act on behalf of Customer in any capacity whatsoever as an agent. Tns shall have no authority, expfessed or implied, pursuant to this Agreement to bind Customer to any obligation whatsoever. 16. CHANGES IN LAW. Any changes in the processing of parking violations as a result of changes in the law Of DMV regulations affecting such violations which do not materially add to the cost of processing such citations by TnS shall be implemented by TDS. Should there be any changes in the law applicable to the processing of parking citations which would requife material changes in the method of the pfocessing as contemplated in this Agreement, Of materially feduce or eliminate the amount of fevenue feceived by Customef from parking citations, Tns and Customer agree to negotiate in good faith to amend this Agreement to allow for such changes. Otherwise, this Agreement shall tefminate on the date such law becomes effective, provided eithef party gives sixty (60) days notice of termination. 17. OWNERSHIP. Customef acknowledges that the software and software programs used by Customer or used for Customer's benefit which were developed by Tns are the sole property of TDS and Customef obtains no right or interest in the software by virtue of this Agreement. 18. PROPRIETARY INFORMATION. Customef agrees not to reproduce, disclose, or distribute Contfactof's pfoprietary information such as any description of specialized or unique processes, software, or methods that are used in the course of providing the services under this Agreement, including any financial information, that is not considered a public record. 19. FORCE MAJEURE. Neither party shall be responsible for delays or failure in performance resulting from acts beyond the control of such parties. Such acts shall include, but are not limited to, Acts of God, strikes, riots, acts of war, epidemics, fire, communication line failure, earthquakes or other disasters. Page 30t 9 20. ASSIGNABILITY. Because of the necessary expertise required of TDS by this Agreement, TDS shall not assign this Agreement nor any part of it without the prior written consent of Customer. 21. TERMINATION. This Agreement may be terminated by either party upon one hundred twenty (120) days wfitten notice aftef the end of the thifd year of the Agreement. 22. TRANSITION TO NEW VENDOR. In the event that TDS and Customef terminate this agreement, TDS agrees to provide all reasonable assistance required to make an orderly and accurate transition to a new citation processor. At the option of Customer, TDS agrees to continue to provide sefvices fequifed under this agfeement for each and every citation up to the termination date entered into TDS' s processing system until the final determination of each such citation. TDS shall be compensated for each such citation under the same terms as provided for herein. 23. NOTICE. Whenevef it shall be necessary for either party to serve notice on the other respecting this Agreement, such notice shall be sefved by certified mail addressed to: TDS: Roberta J. Rosen, President Turbo Data Systems, Inc. 18302 Irvine Boulevard, Suite 200 Tustin, California 92780-3464 CUSTOMER: Mark Raffaelli Chief of Police City of South San Ffancisco PO Box 711 South San Francisco, California 94080 unless and until different addresses may be furnished in writing by either party to the other, and such notice shall be deemed to have been served within seventy-two (72) hours aftef the same has been deposited in the United States Post Office by ceftified mail. This shall be valid and sufficient service of notice for all purposes. 24. EXTENT OF AGREEMENT. This Agreement represents the entire and integrated Agreement between Customef and TDS and supefsedes any and all priof negotiations, representations Of agreements, eithef written Of oral. 25. AMENDMENTS. This Agreement may be amended only by written instrument signed by both Customer and TDS, which wfiting shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement. 26. SEVERABILITY. Should any part of this Agreement be declared through a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or to carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided Page 40f 9 that the remaindef of this Agreement, absent the unexercised portion, can be reasonably interpreted to give effect to the intentions of the parties. 27. LITIGATION COSTS. If any legal action Of any other proceeding is brought to enfofce the terms of this Agreement, or because of an alleged dispute, breach, or misrepresentation in the connection with any of the provisions of this Agfeement, the successful Of prevailing party or parties shall be entitled to recovef their feasonable attorneys' fees and othef costs incurred in that action or proceeding, including the costs of appeal in addition to any othef felief to which it Of they may be entitled. 28. GOVERNJNG LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Executed on CITY OF SOUTH SAN FRANCISCO By: Barry M. Nagel, City Manager TURBO DATA SYSTEMS, JNe. By: Roberta J. Rosen President Approved as to Form: Steve Mattas, City Attorney Page Sot 9 AGREEMENT FOR PROFESSIONAL SERVICES - PARKING CITATION PROCESSING AND ADJUDICATION EXHIBIT A SCOPE OF WORK AND COMPENSATION Tns will provide Parking Citation and Processing Services, including independent subcontracted adjudication services, as outlined in this Scope of WOfk, which includes the Request for PfOpOSalS To pfovide Parking Citation Processing and Payment Sefvices FOf the San Mateo County Cities, and the Proposal To Provide Parking Citation Processing and Payment Services For the San Mateo County Cities submitted by Tns and dated March 8, 1999, both of which are hefeby incorporated herein by reference as if set out in full as the Scope of Work and Compensation for TDS. Fee Schedule Per CitationlProcessing Fee - Electronic (entered within 48 hrs) Per CitationlProcessing Fee - Electronic (entered after 48 hours) Per CitationlProcessing Fee - Hand Written Out of State Processing: Paid Off Windshield Notice Additional Processing Required Administrative Adjudication Processing - price per citation entering the process Administrative Hearings Reminder Notices Final Notices, DMV Hold Letters, and Other Mailings Credit Card by Phone and Internet Credit Card by Phone and Internet Online System Access - City Personnel Per month for additional stations Online System Access - Public Parking Information Portal and Online Reporting Access Other Fees: Advanced Collections Interagency Offset Program (through FIB): Page 60f 9 $1.28 $1.40 $1.40 No additional charge % of collections 25% per notice mailed $3.60 $20 $0.62 $0.62 no charge $3 no charge $40 no charge no charge Cost to City Cost to Public 1st workstation 25% of collected revenue Charge for Notice Social Security Lookup Collected Revenue to be determined to be determined to be determined If postal rates change during the term of the Agreement, the compensation to Contractor shall be adjusted effective the same day as the postal rate increase by the same amount as the change in postage. This will affect the per notice prices of all services as well as the Administrative Adjudication Pricing. The formula for determining the amount to be added to the charge for each citation entering the Administfative Adjudication Process shall be: Number of letters sent in the Adjudication Process for the pfevious three months -------------------------------------------------------------- X Change in Postal Rate Number of individual citations for which those lettefs were sent, i.e., volume of appeals Should Customef require a performance bond, TDS will pfepay such cost and Customer will feimburse TDS within 15 days upon proof of coverage and payment by TDS. Page 70f 9 AGREEMENT FOR PROFESSIONAL SERVICES - PARKING CITATION PROCESSlNG AND ADJUDICATION EXHIBIT B lNSURANCE TDS shall procure and maintain for the duration of the contract insurance against claims for injuries to pefsons or damages to property which may arise from or in connection with the pefformance of the wOfk hereunder by TDS, its agents, fepresentatives, employees, Of subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office form number GL 0002 (Ed. 1 /73) covering Compfehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial Genefal Liability coverage ("occurrence" form CG 0001). Insufance Services Office form number CA 0001 (Ed.1I78) covering Automobile Liability, code 1 any auto and endorsement Ca 0025. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance TDS shall maintain limits no less than: General Liability: $l,OOO,OOO per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or othef form with a genefal aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Employer's Liability: $1,000,000 pef accident for bodily injury or disease. Deductibles and Self -Insured Retention Any deductibles or self-insured retentions must be declared to and approved by Customer. At the option of Customer, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Customef, its officers, officials, employees, volunteers and agents; Of TDS shall procure a bond guaranteeing payment of losses and felated investigations, claim administration and defense expenses. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: Customer, its officers, officials, employees, volunteers and agents are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of TDS; products and completed operations of TDS; premises owned, occupied or used by TDS; or automobiles owned, leased, hired or borrowed by TDS. The coverage shall Page Bot 9 contain no special limitations on the scope of protection afforded to Customer, its officers, officials, employees, volunteers and agents. For any claims related to this project, TDS's insurance coverage shall be primary insurance as respects Customer, its officers, officials, employees, volunteers and agents. Any insurance or self-insurance maintained by Customer shall be excess of TDS's insurance and shall not contribute with it. Any failure to comply with reporting Of othef provisions of the policies including breaches of warranties shall not affect covefage provided to Customer, its officers, officials, employees, volunteefS and agents. TDS's insurance shall apply separately to each insured against whom claim is made or suit is bfOUght, except with respect to the limits of the insurer's liability. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage Of in limits except after thirty (30) days (10 days for nonpayment) priOf wfitten notice by certified mail, return feceipt requested, has been given to Customer. ACCEPTABILITY OF INSURERS Insurance is to be placed with insufers with a current AM. Best's rating of no less than A: VII, unless otherwise acceptable to Customer. Verification of Coverage TDS shall furnish certificates of insufance evidencing all the coverage fequired above, naming the San Mateo County Cities and Agencies, c/o City of South San Francisco, PO Box 711, South San Francisco, CA 94080, that are a party to this Agreement as additional insureds. Should Customef wish an individualized certificate of insurance as an additional insured, TDS will provide such for an annual $50.00 charge. The endofsements fOf each insurance policy are to be signed by a pefson authorized by that insuref to bind coverage on its behalf. All endorsements are to be received and approved by Customer befofe work commences. All required information is to be mailed to the addfess shown in the NOTICE section of the Agreement. SUBCONTRACTORS TDS shall include all subcontractors as insureds undef its policies Of shall furnish separate evidence of coverage and endorsements fOf each subcontractor. All coverage fOf subcontractors shall be subject to all of the requirements stated herein. FIDELITY BOND In addition to the above, TDS shall provide a $100,000 fidelity bond covering all employees for theft, dishonesty, and faithful performance. Page 90t 9 ~- ~ @ III ~-- w- - - SEClION IlEF[II[NC[ @ DETAIl. RErEROlCE ~ ELEVAlION RErEROlCE AD. /II, A.. A.. PlAN AI. PlAN A2. E BUllDINC PlAN lOPY " CAR WASH PlAN AJ. E 8UIl.DINC ELEVA lIONS BLUN< DEMATTEI AJ. lOPY " CAR WASH ELEVA lIONS AS800IATES AJ. FlCE IIUl.llING " ARCHITECTS AJA r ELEVA T10NS .. eA~ HWY .300 ~-CA-9401D . ~== . - - SITE f ~ 5 ~ LL PRO.ECT OATA PARIONG DATA ~ - ...... cgKl'JIIl.:IInII ~ _,_ I' . ... ...- ~ '" &-..at'..&..... _ If_ I' (IIlII) . 'I' ~ (Ml.___.1't.OClIl) ~r.........:l; DII1IlQ cmcE - . T'II'I..... _ l* T~ "..... . 1IIE _ (I11T1lUS - 1-3' T'II'I..... __. __ " _ '00. _ 1IIE .... na-.- 1-3 T'II'I......- (11 ~ ..w:o ...... I( AllIl nAIl .. :u -- $-3 T'lP! ...... --(---~ . nc CFrU ..... tS H MMf1EIWrC::[ ...... tM.ttJ. . SCOPE fY WORK. ::E __ $-3 OOOJI'MICt"" C8C _'. __ U: '1 "~"__II__PUO<mS "tIC ~ OCQ.PAIICID NIID NOT. lIP_ill)'" 1Hl UIES lIl_lHlY _ _ ____ _ CUIICOO._ 2) ..____,_ _ -... _ tHAT DO ..., DCIIl) 2lI NRCINT (11 _ nJXlII >Iv. 3l ,,'A_AT___ (I1M__.: 4) fJ<1IIOIClII AIlO II_ _IlONa .. DIIlING...-o MIMXB.m rat YINCILIMO"'I USI[ TO __ cmcz 8IADIIC ~il ... ICTAL CMft1I1'f CMJ AJD. ~ STA1IClN 5) .......1DlIoIlCE _ CAll _ IlJLOIICS, I- AIC) NEW n.a. ..... 8) ..__ tfj ~ UrIlIJICNI! II"OIIMAlDI. sa sur AI..) J: (J) i~!! ~ GOVERNING CODES NOTE: ;~Ii __ ClIllD: _ ,ACIlJ1Y 1&1. . UI!D Pal CXlllPOIIAtt: I- LATDT III"Ia8 ~ ... ra&.I..OWG _ _Yo ..... 1&1. . 110 m..... CMftlNA ..- c:ca: (cae) ~ (I ,.., _ ON _ SIt:. DAlE JOI NO. ___=ms..--.._ 1128108 2OG70 CMftlNA EUC1IlIC c:ca: (l:IC) CMftlNA _ CllllI: (CIlC) CMftlNA _ CCllt: (ale) CMftlNA _ c:ca: (ex) MA_ _ __ _ calES _ ST_ 0lfPA) AO.1 __ _ _lIES II:f (-> SHEET , OF ~~~'~""7"7".-~:'f";: ~~ I:. .. .1 ~ L;;~J ~ V/////.I W.A'/~ , =::::>-<:: I '--------I b.J" F /" ..1'1 ! I 1111111111111 1111I11II1ll1I1ll1 1111111111111 EAR1l1 SAND I WORTAR I PI.AS1ER ROCK FLl CCNCAETE CCNCIlETE BLOC< (CMU) MASCNRY WOOD FINISH WOOD. FRAIlING WOOD IIl.OCIONG PLYWOOD GlPSlJI,I llOARO ACOUS11C TI.E IIISUlA llON. SA TT IIISUlA llON. 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II . .- CJ --....... 0 ----- " \0 ------- --~ ~~ - ------ --, ,=", '\' -- --------- ~=.\' \ - - - - ~ . L_ _ :l _ _ ~ _ : : ___. \ · I I \ \ ------ 'II , I - - - " - - - - - _ _ _ _ _ -1[ [ \ _n__ nJ~L-------CNl" ~ ----c- MAIfTENANCE,) \ \ ; ~~-J (.IO.J.taNr ~ I (E) J (\4/~~1 TO __ -: =====! ~ .....,... . . I ___---L QQ' I KJl1P'(f/lll!!Pl>O! 1fJ_ _ , IlIM:M ."" _ WD PI.NCl!IU /M:lNl DoWell) MY ,} (\4/-.-&. IfJ ~ IWJ. TO_ IfJ QIoloIlol,IIC I"eIa ~..-,( IfJ ~ , c.NICI T .-rs _1fJ....Tl!W~ I I!lCIT IlOOTM ~~....Tl!_1 I!lCIT ec:'TM I'CIl'IlII.OCo'oTlClll 1'IlI_~ LNe/!llll:ll'll DoWell) (m>) H~- 1!IlCl.DeIIII!.v_- ~T_TO ~~- 1lB.OCATl! Il!l ~ IIOOlII , ....Tl! _ M ..- - BI S ~ LL I :e ~~ ~ lill ~ ieSI ~ 1~li ~ DAlE JOB NO:" 1125108 2OG7O ~ ~ IfJ IITl! LIMIT _1llll'IlIM:I'III!G(llIC;. _WD~ /M:lNl DoWell) tn'I"I III IITl! ..- TO Ill!MAII. u.oJ!. IfJ lITOIl/'l _(mO) BLUNK DEMATTEI ASSOCIATES ARCHITECTS AAA ... eAY...-.: HWY .300 ...........- - CA - _ . ~==. SITE GRAD,.G PLAN ~. ~---=' ~ - -r- 80'-0" A1.2 SHEET I r1F s A N M A T E o A v E N u E - - - --.- _1. ~ o ~ I I I f I I I I I , I I I I I I I + I I , I I I I I I I / ;' / SITE GRADIG LEGEN) - - IlCII1MI CCIm:lLR lIE _ - - NIW CCN1'Cl.R U. ~r" , 1 ...............-. .----..-. ~ ,- , 11 ----. ~-- s ~ LL I 2 ~i a ~ I ~ II ~ I!!~! ~ m~!e ~ ;>1; m DA1i JOB NO:" 2Ol57O ~ II / ,__-II-- I r-- -------,- I I - - ........- -'t - - . -- -- ,-- ,_. 1_- - -- 6...-- -- --I _____ --- . I ____ . ____ If-- I I I It un T I M~_ mmu I ,L -- --1-- J- - -- --- -- -- ~~ .. ___ -r - - ---- - - ~ ---- / _. - ...--- - -- I __~~ .-..,,1- / - / - ---- 2:: ,- -r. -.< - -0- - u ---=- _.--J- r .- ~ _ _----- _ I II-- .. · - - 1 _____ _____ 0 - - - - __~~ I _ _ - - -l! - .....~ - ;z-- 0 """ ~/ _ r. ,_-= _____ 0 ----- ".-. - I I t- -- I I I , I I , I I , I I I I I I I I · '\ 1 \ ~-~~- - -0 _~u f _____~ f - ~ jt)~- ~1'<lI'_w.~ ~- I!I r;uux 1JT0IlM BLUNK DEMATTEI CllAIlI "'"' .r ~ T10Il ASSOCIATES ARCHITECTS AAA 1SSS ~~ HW'Y .... ~-CA-9401O . :ax::::::- - 11 \ --- --- ---- .\ __11- - - - I!I MH:le '10 _ l'IHClI'II LD46 ~I MVI') ._-~ I!I .rOllM ~ . ""AU.IW P'a.t!IlIl, Tl'Il'l! ......~. .... IlMTNI....,........... ~~:u.~_ ....~~--.,.. _AC_ (MI(7 AU.l!IllItMlIJ T LANDSCAPE PLAN ._o>>~ ~ ;::aa:o: SHEET A1.3 . CIF .. S _ _ .___ ...J ()' M'.<<l' .'J-c7 - _.~... .. ...-:'.-..-....lf~~.........,. -". 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IQM I sP<<1'. ,a _ TO_I (If_.414.,aOK.) _~~ ~1eD_lIl1I~ TOTk~ I . 2lI.tOO NJL t2lI.tOO . 2:1,'" OK.) 1 D lil:=- ! I ~H~I E N u E HQNI!-- /I'OT.oL lei (Ill.<<TI!.4) . J I i II I ~ I I I , I' I I I , I I \ \ i \ I \\ I \ \ ~i~f~ I I -r>>- - -t ~:- ~-- /I'Of.oL _ (Ill.<<TI!.4) 4---"---te; T1a!e I'T'I1"J PIlMQUI ~_. (IIotI-.+lo\.~' .!D &.OIl..-I /J!) ICIl!!N -.&. TO_ /J!)~~ (.tOJOGI!NI' _ ~ "'tl ~ ..../M'J BLUNK DEMATTEI ASSOCIATES ARCHTECTS AJA ... ~~ HWY .300 ..........- - CA - _ . ::.== - :> ~ c( LL I 2 J!d ~ I~il~ it g~ ~ <i < iiSi ~ 1>1; ::J DATE JOB NO:'" 1/25108 20870 ~ K~ ~~ K~ )1~ K;' )1~ K~ )1~ K~ )1;' K~ )1~ II II II II II II II II II II" II II II II II II II II II II II II II ) I I I I I I ,I ) = = = = = = ~-. ~-~ ~-. 1---4 "'-001 lo_'" 1--'" 1--'" 1--'" ,.__~.___ __..__ t:~ ...-... t:~ t:~ t:~ I-_-l ~~ jo_... ..._.. r-'" ...-... ...-.. ...-... t:j t:~ ...-.. t:j t:j t:j ~; = = = = = = 1(" )?, 1(" )?: 1(" )?, 1(" )?: 1(, )?, 1(" )?: II II II II II II II II It II II II II II" II II II II II II II II II ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I ~pm ~ ~ = \ ) L/ 0 . , 0 0 , j ..... -.- ._~~ -- -- MA,.TENANCE BULDING PLAN . =-2' l 1..-40". :.4...,. . >>-4' . >>-4'. 11"0" ~--------- - --------, II I I j 0_ 0 tl... ,. I I 0'. o,~' 'lZZZZl1pl l ~ 0 : ~ l~,. _~_-,*= =~-.~'-:c,:c;r~~~==:;~t'}t: I . 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II ----- :~Ji~;~~JL~~~~.~ ~ ',~~~~:; SOUTH ELEVATION 118'- 1-0" "'-- I I '-__ EAST ELEVATION ilWl !~E3 I .. __ WEST ELEV A nON --...., I I ---' B o B l:L_ 118"- 118"- 1-0' 1-0' A3.3 SHEET 7 f:# BLUNK OEMATTEI A88OC:IA TES ARCHITECTS AU>. .. eA~ HWY .300 ~ - CA - 90401D . ;:a;.==_ ~ ~ LL ~ I ~! t/) ~ ~ -< <I ~ Q ~~ ~ < i~!1 ~ 0 ;~Ii ~ ~ om JCII NO. 2OIS70 ~ 'rnrlamatillu CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA MIKE GONZALEZ WHEREAS, on November 27, 2004, Mike Gonzalez retired from the South San Francisco Fire Department with over twenty-eight years of dedicated service; and WHEREAS, Mike began his career in 1976 as a Firefighter, advanced to Engineer, and, thereafter, promoted to Captain; and WHEREAS, born in San Francisco, Mike graduated from South San Francisco High School in 1970, attended City College of SWl Francisco andjoined the Air Force Reserves; and WHEREAS. prior to his employment with the City of South San Francisco, Mike worked at Lucky's Supermarket as a retail clerk; and WHEREAS, Mike was instnlmental in initiating the Department's Critical Incident Street Management Team (and currently serves on the team), organizing the anmml firefighters' golf tournament/fundraiser for seven years, and attracting corporate sponsorships for the event; and WHEREAS, during his years of faithful and dedicated service, Mike has earned the admiration and respect of his friends wld colleagues, for the contributions he has made to his profession; and WHEREAS, on his personal time, Mike has senJed as the annual camp host at the Alisa Ann Ruch Bum Foundation "Champ Camp" for bum injured children; and WHEREAS, during retirement, Mike plW1S on spending quality time with his wtfe Evie, and children Jenny and Ryan, becoming a grandpa, continuing his volunteer work at the Bum Foundation, attaining the goal of a published author, wld enjoying life in the mountains. NOW, THEREFORE, the City Council of the City of South SWl Frwlcisco does hereby take great pride and pleasure in presenting this proclamation to Mike Gonzalez for his dedicated service to the citizens of South San Frwlcisco and joins hisfriends wld family in wishing Mike a happy and healthy retirement. Joseph A. Femekes. Mayor Richard A. Garbarino, Vice Mayor Mark N. Addiego, Councilmember Pedro Gonzalez, Councilmember Karyl Matsumoto, Councilmember Dated: May 13, 2006 AGENDA ITEM #5 -", 'rIltlamattllll CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA JIM HALE WHEREAS, on December 30,2005, Jim Hale retiredfrom South San Francisco Fire Department with over twenty-four and half years of dedicated senJice; and WHEREAS, Jim began his career in 1981 as a Paramedic/Firefighter, senJed as Acting Engineer until promoted tofitll time Apparatus Engineer; and WHEREAS, born in Los Angeles, Jim graduated from Palisades High School, attended Santa Monica Community and Valley State College; and WHEREAS, prior to his employment with the City of South San Francisco, Jim began his medical career as a lifeguard in Santa Monica, thereafter, a medical technician for Los Angeles Fire/Rescue; he then headed north and settled in Marin andworkedfor Medivac in San Mateo County,jollowed by one year with the Daly City Fire Department; and WHEREAS, during his distinguished career, Jim was awarded "Lion's Club Firefighter of the Year ", Novato Fire Protection District "Outstanding Citizen of the Year ", and was the recipient of a Humane Society awardfor saving the life of "Smokey" a dog who was choking on a ball; and WHEREAS, during his years of faithful and dedicated senice, Jim has earned the admiration and respect of his friends and colleagues for being the most conscientious Engineer to ever work in the department, and it is said, "in fact, he loved his job so much, that he never turned down the chance to work overtime "; and WHEREAS, during retirement, Jim plans to see children Brandon and Danielle graduate from high school and college, build a vacation home on his lot in Baja Mexico, boat and fish whenever he can, spend more time involved in his community, travel with his lovely wife Suzonne, and enjoy their retirement years to the max. NOW, lHEREFORE, the City Council of the City of South San Francisco does hereby take great pride and pleasure inpresenting this proclamation to Jim Hale for his dedicated senice to the citizens of South San Francisco and joins hisfamily and friends in wishing Jim a happy and healthy retirement. Joseph A. Fernekes, Mayor Richard A, Garbarino, Vice Mayor Mark N Addiego, Councilmember Pedro Gonzalez, Councilmember Karyl Matsumoto, Councilmember Dated: May 13, 2006 'rlltlamatiUtt CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA GARY KIBBEE WHEREAS, on December 31, 2005, Gary Kibbee retired from the South San Francisco Fire Department with over twenty-two years of dedicated service; and WHEREAS, Gary began his career in 1983 as a Paramedic/Firefighter, senJed as ACting Captain and Acting Engineer until promoted to Fire Apparatus Engineer; and WHEREAS, born in Cheyenne Wells, Colorado, Gary graduated from Middletown Unified High School, attended San Diego City College and Chico State, served thirty three years of military service as afull time Navy Sealfrom 1970-1974 and NallY Reservistfrom 1974-2004, and has proudly senJed this country during deployments to "Desert Stonn, " and "Operation Iraqi Freedom t..; and WHEREAS, prior to his employment with the City of South San Francisco, Gary worked for Medivac as a paramedic, and is believed to still hold the record of "Oldest Paramedic in San Mateo County"; and WHEREAS, during his distinguished career, Gary has received numerous awards and acknowledgements, including the honor of twice being named "v.F. W. Firefighter of the Year; a member of USAR Task Force-3 Team Member that responded to Hurricane Iniki in 1992; recipient of the 1989 Butte Creek Canyon Volunteer Fire Department "Heroism Award", and is creditedfor teaching the outdoor education program at Chico Junior High School for three years; and WHEREAS, during his years of faithful {Old dedicated service, Gary has earned the admiration and respect of his friends and colleagues who fondly refer to him as "Groceries" for his ability to eat; inability to boil water, and, virtually, one heck of a dishwasher, but when forced to cook he would treat the crew to his famous "Inject-o- Dogs", hotdogs filled with Tabasco sauce; and WHEREAS, during retirement, Gary plans to travel with his wife Sue, ride his motorcycle, and watch their kids Danny, Dora, and Chelsea transfonn into young adults. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby take great pride and pleasure in presenting this proclamation to Gary Kibbee for his dedicated service to the citizens of South San Francisco and joins his family andfriends in wishing Gary a happy and healthy retirement. Joseph A. Fernekes, Mayor Richard A. Garbarino, Vice Mayor Mark N. Addiego, Councilmember Pedro Gonzalez, Councilmember Karyl Matsumoto, Councilmember Dated: May 13, 2006 . . ":)':::"::",':.'-';:')',.,:',"'-'::"Y'; *"rlltlamattnu CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA JOHNMELODY WHEREAS, on August 8, 2003, John Melody retired from the South San Francisco Fire Department with over twenty-seven years of dedicated senJice; and WHEREAS, John began his career in 1976 as a Firefighter, and advanced to Firefighter Engineer; and WHEREAS, born in Birmingham, England, John grew up in San Francisco, graduated from Riordan High School in 1969, attended City College of San Francisco and obtained his Associate of Science Degree in fire science; and WHEREAS, prior to his employment with the City of South San Francisco, John was a member of the San Francisco Police Department and worked for United Parcel Service; and WHEREAS, John was a member of the North County Strike Team XSM 2275, courageously fought the Oakland Hills Fire in 1991, and has assisted the department during his tenure in training new drivers; and WHEREAS, during his years of faithful and dedicated service, John has earned the admiration and respect of his friends and colleagues, with a fire house reputationfor being a good Irish cook, who will share his favorite canned ham recipe that includes parsnips, carrots, and of course, potatoes, but also a firefighter who will sleep anywhere, in any position, with clothing optional at night; and WHEREAS, John's retirement plans include, enjoying all sports, riding his motorcycle, playing Trivial Pursuit, traveling, meeting a red-headed Irish lassie and settling down in Ireland or Australia. .NOW, THEREFORE, the City Council of the City of South San Francisco does hereby take great pride and pleasure in presenting this proclamation to John Melody for his dedicated service to the citizens of South San Francisco andjoins hisfriendsandfamily . in wishing John a happy and healthy retirement. Joseph A. Fernekes, Mayor Richard A. Garbarino, Vice Mayor Mark N Addiego, Councilmember Pedro Gonzalez, Councilmember Karyl Matsumoto, Councilmember Dated: May 13, 2006 'ruclamatillu CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA LONNIE NOWLIN WHEREAS, on December 3 I, 2005, Lonnie Nowlin retired from the South San Francisco Fire Department with over twenty-eight years of dedicated service; and WHEREAS, Lonnie began his career in 1977 asa Firefighter, advanced to Firefighter/Paramedic, and thereafter, promoted to Fire Apparatus Engineer; and WHEREAS, bom in San Mateo, Lonnie graduated from Burlingame High School in 1973, attended College of San Mateo and Skyline College with a major in fire science; and WHEREAS, prior to his employment with the City of South San Francisco, Lonnie was a member of the Burlingame Fire Department Reserve Firefighter Training Program; and WHEREAS, Lonnie attended several courses in fire engine operations and through his classes and experience he became one of the department resident experts on pump operations and training new drivers; and WHEREAS, during his years of faitJiful and dedicated service, Lonnie has eamed the admiration and respect of his friends and colleagues, knowing that when he became interested in a subject he learned all there was to know about it; and WHEREAS, Lonnie has many hobbies and enjoys just about everything and anything, including tennis, bicycling, motorcycling, hunting, fishing, and hiking; and WHEREAS, during retirement, Lonnie plans on movingforward, spending time with children Hailey and Cody, exploring the world, and collecting "stuff" that's acquired through his hauling business. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby take great pride and pleasure in presenting this proclamation to Lonnie Nowlin for his dedicated service to the citizens of South San Francisco and joins his friends and family in wishing Lonnie a happy and healthy retirement. Joseph A. Femekes, Mayor Richard A. Garbarino, Vice Mayor Mark N Addiego, Council member Pedro Gonzalez, Councilmember Karyl Matsumoto, Councilmember Dated: May 13, 2006 ." ,.... .'..r.."ll. .....c..la......m . ....a........t..-..t~'.O. ...1..1.-..' .- ,.' . . ,. .' '. .' u'" ,'~ . _..~ ._',,' ..".. .. - ". ..'~. . '-,.' '" .' "'-'- -'. -.". ~. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA NORMPAYNE WHEREAS, on December 30, 2005, Norm Payne retired from the South San Francisco Fire Department with over twenty-four years of service; and WHEREAS, Norm began his career in 1981 as a Medic, advanced to Firefighter, then Fire Apparatus Engineer, and thereafter, promoted to Captain; and WHEREAS, born in the Southern California town of West COVillCl, Norm graduated from EI Monte High School in 1971, attended medic school at Queen of Angels inLos Angeles, and attended Pasadena City College and College of San Mateo with a major in fire science; and WHEREAS, prior to his employment with the City of South San Francisco, Norm was a medic with San Mateo County Medivac for five years; and WHEREAS, Norm was involved in the Firefighter Olympics and won numerous medals in events, including swimming, triathlon, basketball, surfing, snowboarding, and motorcrossing; and WHEREAS, during his years offaithful and dedicated service, Norm has earned the admiration and respect of his friends and colleagues through his leadership ability, instilling confidence and trust in those who worked with him and for years to come, the Department will benefit greatly from his contributions; and WHEREAS, involved in community activities, Norm has volunteered his time with Christmas In April, Fill the Boot for MDA, and the Fire Department's Children's Christmas Program; and WHEREAS, during retirement, Norm plans on spending quality time with his wife Lucille and their children Travis and Tyler, traveling and enjoying good health, and finishing afew construction projects. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby take great pride and pleasure in presenting this proclamation to Norm Payne for his dedicated service to the citizens of South San Francisco and joins his friends andfamily in wishing Norm a happy and healthy retirement. Joseph A. Femekes, Mayor Richard A. Garbarino, Vice Mayor Mark N Addiego, Councilmember Pedro Gonzalez, Council member Karyl Matsumoto, Councilmember Dated: May 13, 2006 ..... ROBERT STUMBOUGH WHEREAS, On September 24, 2005, Robert Stumbough retired from South San Francisco Fire Department with over fifteen years of dedicated service; and WHEREAS, Bob began his career in 1990 as a Paramedic/Firefighter, and, thereafter, promoted to Fire Apparatus Engineer; and WHEREAS, born in San Mateo, Bob graduated from Hillsdale High school, attended College of San Mateo and obtained his Associate of Science Degree in Fire Science; and WHEREAS, prior to his employment with the City of South San Francisco, Bob served as a volunteer firefighter with the Foster City Fire Department; and WHEREAS, during his distinguished career, Bob received various commendations, including a certificate of recognition for his actions at the scene of an auto accident in 1998, that involved two critically injured children and one critically injured adult, and he courageously fought the Oakland Hills Fire in 1991; and WHEREAS, Bob's professional affiliations and work related assignments included the Urban Search and Rescue-Task Force 3 Team, Ambulance Specification Committee, Shift EMT Instructor, San Mateo County Medical Advisory Committee, Trauma Policy Subcommittee, Policy Manual Subcommittee and the San Mateo County Policy Subcommittee. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby take great pride and pleasure in presenting this proclamation to Robert Stumbough for his dedicated service to the citizens of the South San Francisco and joins his family and friends in wishing Bob a happy and healthy retirement. Joseph A. Fernekes, Mayor Richard A. Garbarino, Vice Mayor Mark N. Addiego, Councilmember Pedro Gonzalez, Councilmember Karyl Matsumoto, Councilmember Dated: May 13, 2006 - & ~ . ~:~ l~ ~) v c %!!E#~ . Staff Report AGENDA ITEM #6 DATE: May 24, 2006 TO: Honofable Mayof and City Council FROM: Marty VanDuyn, Assistant City Managef SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DENIAL OF VANGUARD CAR RENTAL USA, INC. USE PERMIT APPLICATION TO ALLOW A RENTAL CAR FLEET MAINTENANCE USE, INCLUDING CONSTRUCTION OF A MAINTENANCE BUILDING, CAR WASH AND RELATED SITE IMPROVEMENTS, AT 1080 SAN MATEO AVENUE IN THE M-l INDUSTRIAL ZONE DISTRICT IN ACCORDANCE WITH SSFMC SECTIONS 20.30, 20.06, AND 20.81. RECOMMENDATION It is recommended that the City Council uphold the Planning Commission decision and deny the appeal of application P06-0007 for Use Permit UP06-0002. BACKGROUND The applicant, Vanguard Car Rental USA, Inc., is appealing the Planning Commission's decision to deny theif use permit application fOf a fental car maintenance facility at 1080 San Mateo Avenue. The Planning Commission's action was in accofdance with Staff's fecommendation to deny the application based on inconsistency with the zoning ordinance. On April 6, 2006 the Planning Commission conducted a public hearing to consider the subject application. Mark Hudak, Attorney for the Applicant, and Art Turple and Susan Najar of Vanguard fepresented the applicant. The Commission discussed the proposal with the applicant's repfesentatives and staff and concluded that it does not comply with the fegulations applicable to the M-I Industfial Zoning District. The Planning Commission subsequently denied the application via a unanimous vote. The applicant's appeal to the Council, Planning Commission Minutes and Staff Report to the Planning Commission are attached to this staff feport. DISCUSSION (A complete discussion of the proposed project is contained in the attached Planning Commission Staff Report dated April 6, 2006.) Staff Report Subject: (l080 San Mateo Appeal of Planning Commission Denial) May 24, 2006 Page 2 of5 The Zoning Ordinance includes distinct defInitions fOf "Rental Car Fleet Maintenance" and "Rental Car Storage" uses, and limits the areas in which these uses may be permitted. Rental Car Fleet Maintenance is defined as follows: "Maintaining, servicing, cleaning, performing engine overhauls, customizing or painting of motor vehicles for rental car agencies, car leasing agencies, or any company or business engaged in the rental or leasing of motor vehicles." [SSFMC Section 20.06.050 (r)(8)) While Rental Car Stofage is defmed as, Parking or storage of operable motor vehicles for rental car agencies, leasing agencies or any company or business engaged in the rental or leasing of motor vehicles, where more than thirty percent of annual rental transactions relating to those parked or stored motor vehicles occurs off- site. [SSFMC Section 20.06.050 (r)(9)) These sections of the Ordinance wefe adopted in 1998 in fesponse to a numbef of fental car companies seeking to locate theif fleet stofage lots in the City while conducting tfansactions from the airport. This arrangement was viewed as detrimental to the City since it necessarily utilizes a substantial amount of land while denying the City the economic benefit of sales tax fevenues and transaction fees. The Zoning Ordinance festricts the location of Rental Car Stofage uses to areas undef elevated ffeeways Of major utility alignments. In January, 2006, Vanguard Car Rental USA, Inc. submitted an application for what was termed a "vehicle storage and maintenance facility" consisting of a new 14 bay maintenance building, two fuel pumps, an automatic car wash and outdOOf vehicle stofage fOf 679 cars. Staff reviewed this submittal and determined that the proposal was inconsistent with the land use fegulations applicable to the property because it was dominated by the Rental Car Stofage use, which is not an allowed use in the M-1 Industrial zone (SSFMC Section 20.30). Because Rental Car Storage is not an allowed use in this district, any fental car parking must be deemed "accessory" to some othef, permitted principal use. After Staff informed the applicant of these festrictions, the applicant fevised the plans. The current proposal includes parking areas fOf 170 cars fOf the maintenance facility, 108 queuing spaces fOf the fueling station and car wash, and 42 parking spaces fOf employee and guest parking; fesulting in a total of 320 parking spaces. The Planning Commission determined that the proposed parking areas are not "accessory" to the maintenance use, because 320 spaces is neithef subordinate nOf customarily incidental to a maintenance facility of this size. The parking areas would occupy 54% of the property, and the minimum required parking per the City's Zoning Ordinance would be only 60 spaces. In light of the above facts the Planning Commission found the maintenance use to be subordinate to the proposed parking use. Therefore, they agreed that rental car parking is, by defInition, the proposed primary use of the site. As mentioned above, the storage of rental cars is not an allowed use in the M-1 Industrial zone. Thus, the proposal remains inconsistent with the zoning regulations. As fecommended by Staff, the Planning Commission, by unanimous vote, found the project inconsistent with the zoning regulations and denied the application. Staff Report Subject: (1080 San Mateo Appeal of Planning Commission Denial) May 24, 2006 Page 3 of5 APPEAL As indicated in the attached appeal forms, the applicant is appealing the Planning Commission's determination fegarding its pfoject. The issues faised in the appeal are as follows: · "Vanguard already leases sufficient parkin!;! spaces at San Ffancisco Airport." Discussion- The existence of fental car stofage at the airport does not provide assurance that the pfoposed rental car parking spaces at l080 San Mateo will not be used fOf Rental Car Stofage. Any future change in airport policies could reduce the amount of storage space leased by the applicant. The potential utilization of off- site facilities not undef the City's control does not change the status of the submitted site plan's consistency with the Zoning Ofdinance. · "Vanguard will spend substantial amounts to improve the Property for maintenance uses. " Discussion- The applicant states that the proposed investment in site improvements (i.e. the maintenance, car wash and fueling buildings) justifies fleet maintenance as the intended pfimary use of the property. That fleet maintenance would take place on the property is not in question, howevef, staff maintains that the amount of parking proposed is excessive relative to the physical scope of the proposed maintenance use, investment amounts notwithstanding. The Zoning Ofdinance does not considef impfovement value in determining whethef a use is "accessory" to a pfimary use. Rental Car Storage at the facility is fequired to be subordinate in area, extent and purpose and customarily incidental to a primary use. Those conditions are not met by the applicant's proposal. · "Vanguard will have about 35 employees at the Pfoperty." Discussion- Again, the issue at hand is whether the scale of the proposed maintenance facility is in keeping with the proposed parking area. Clearly, 320 parking spaces would provide staging for far more vehicles than could be serviced by 35 employees in a timely mannef even if all 35 employees wefe difectly engaged in fleet maintenance, which is unlikely given the office spaces proposed. This fact indicates that the amount of parking proposed is excessive relative to the proposed maintenance use, and that this area would be utilized for Rental Car Storage. · "Vanguard has a proven operating historv at Burlingame. " Discussion- Staff is aware of the existing facility in the City of Burlingame, and that Vanguard proposes to relocate this facility to South San Francisco. Staff visually inspected this facility on two occasions, as it is readily visible from the Bay Trail. A copy of the staff report to the City of Burlingame Planning Commission is Staff Report Subject: (1080 San Mateo Appeal of Planning Commission Denial) May 24, 2006 Page 4 of5 attached. This feport discusses the most fecent extension of Vanguard's Use Permit for auto fental, stofage and fepair fOf up to 600 vehicles. As is evident from the correspondence attached to the Staff Report to the Planning Commission, inquiry has been made fegarding whethef the proposed use has unique parking fequirements that merit special considefation. The applicant has been unable, Of unwilling, to provide details about the maintenance facility that could justify the amount of parking proposed. It would be logical fOf the applicant to provide such information as it applies to the existing Burlingame facility, for example, how many vehicles afe serviced in a typical day and how does this felate to the average vehicle stay on the lot, but no such information was supplied. · "Staff s calculation of parking demand is unrealistic. " Discussion- Staff s calculation of parking demand was pfovided as a point of fefefence only, in ofdef to communicate the minimum parking demand anticipated by the Zoning Ordinance. Additional parking beyond this minimum threshold could be supported by Staff, provided it were clearly "accessory" to the fleet maintenance use. While 60 spaces may not fulfill the parking demands of the proposed facility, it should be noted that the applicant provided no justification for five times that amount. · "Maintenance is not an accessory use under the Municipal Code." Discussion- The applicant cites the Zoning Ofdinance's definition of "Accessory Use" (SSFMC Section 20.06.050 (d)) and claims that staff, and the Planning Commission, have interpreted this definition in error. The applicant makes the argument that the definition's exemption of "Open Stofage" applies to fental car stofage. This is not the case, since Rental Car Storage is a separately defined use in the Zoning Ofdinance, as are othef specific uses including "Storage of Operable Vehicles" and "Inoperable Vehicle Storage", which similarly defme specific types of parking activities whether inside Of outside a building. The applicant also states that a staging and holding area fOf cars awaiting service is customarily incidental to a maintenance opefation. Staff does not refute this claim, howevef, the amount of staging and holding area proposed is clearly excessive felative to the scope of the maintenance facility. Staging and parking fOf 320 cars is not customarily incidental to a 14-bay maintenance facility, and the applicant has been unable to pfovide information that proves otherwise. CONCLUSION Given that the applicant's initial submittal included an area specifically labeled for the storage of rental cars, and that the applicant has since been unable to articulate the anticipated parking demand of the maintenance facility, staff maintains, and the Planning Commission affirmed, that the proposed principal use of the property is Rental Car Storage and thus cannot be permitted in the M-l Industrial zone. Staff Report Subject: (1080 San Mateo Appeal of Planning Commission Denial) May 24, 2006 Page 5 of5 Stafffecommends the City Council uphold the Planning Commission's decision and deny the appeal. By: . ~ By: Attachments: -Planning Commission Staff Report, April 6, 2006 Minutes, April 6, 2006 -City of Burlingame Planning Commission Staff Report, January 10,2005 -Applicant's Appeal of the Planning Commission's Decision, April 20, 2006 Project Plans I Planning Commission Staff Report DATE: Apfil 6, 2006 TO: Planning Commission SUBJECT: Vanguard Car Rental USA, Inc. - Use Permit to allow a rental car fleet maintenance use, including construction of a maintenance building, car wash and related site improvements, at 1080 San Mateo Avenue in the M- 1 Industrial Zone District in accofdance with SSFMC Sections 20.30, 20.06, and 20.81. Owner: 1070 Associates LLC Applicant: Vanguard Car Rental USA, Inc. Case Nos.: P06-0007, UP06-0002 RECOMMENDATION: It is recommended that the Planning Commission deny application P06-0007 for Use Permit UP06-0002 based on the rmding that the proposal does not comply with the zoning regulations applicable to the property. BACKGROUND: In January 2006 Vanguard Car Rental USA, Inc. submitted an application fOf what was termed a "vehicle storage and maintenance facility" consisting of a new 14 bay maintenance building, two fuel pumps, an automatic car wash and outdOOf vehicle stofage for 679 cars. Staff feviewed this submittal and determined that the pfoposal was inconsistent with the land use regulations applicable to the pfoperty because it included fental car stofage, which is not an allowed use in the M1 zone. The applicant was informed of this determination via the attached letter dated January 13,2006. In fesponse, the applicant revised the plans by fenaming the storage area "maintenance staging" and "fuel & wash queuing" and feduced the numbef of parking stalls to 320. This feduction in spaces was achieved primarily by allowing existing landscaping in the parking lot to remain. In a letter dated February 1,2006 (attached), staff informed the applicant that this fevised proposal still could not be supported, since the pfoposed amount of parking remained inconsistent with the Zoning Ofdinance's definition of an Accessory Use (SSFMC Section 20.06.050 (d)). - 1- Staff Report To: Planning Commission Subject: P06-0007 1080 San Mateo Avenue April 6, 2006 - Page 2 of 5 DISCUSSION: The proposed pfoject involves the establishment of a rental car fleet maintenance facility on 5.23 acres currently used as an airport parking facility (Park, Shuttle and Fly). Accofding to the applicant, activities at the pfoposed facility would include preparation of vehicles for fental fleet use, periodic light maintenance of rental vehicles, and preparation of vehicles for sale aftef fetirement from fleet use (see attached lettef from applicant dated December 22,2005). No rental transactions are pfoposed to take place at the pfoject site. Currently, these functions take place at Vanguard's facility at 778 Burlway Road in the City of Burlingame. The facility is a nonconforming use at this location, and exists with benefit of a Use Permit (Source: Burlingame Planning Commission Staff Report dated January 10,2005). A feview of planning recofds at the City of Burlingame revealed that the City initiated revocation proceedings in 1999 due to noncompliance with the terms of the permit. Vanguard has since corrected these problems, and the most fecent action by the City regarding this permit was approval of a two-year extension in early 2005. It is the applicant's desire to relocate this facility to San Mateo Avenue in South San Ffancisco. ,- To that end, the applicant is proposing the construction of a lO,800 square foot maintenance building, a 2,687 square foot automated car wash building, and a 3,172 square foot fueling canopy with two fuel dispensefs. An existing 968 square foot office building would be fetained, as would 320 of the 682 existing parking spaces. SSFMC Section 20.06.050 (r)(9) established "Rental Car Stofage" as a distinct land use. The recofd shows that this section was adopted due to an incfeasing number of fental car companies seeking to locate their fleet stofage lots in the City, while conducting fental transactions from the airport Of other off-site locations. This arrangement was viewed as detrimental to the City since it necessarily utilizes a substantial amount of land while denying the City the economic benefit of sales tax fevenues and transaction fees. As such, in 1998 the Council approved the amendments defining fental car stofage use as, "Parking or storage of operable motor vehicles for rental car agencies, leasing agencies, or any company or business engaged in the rental or leasing of automobiles, where more than 30% of the annual rental transactions relating to those parked or stored motor vehicles occur off-site ". At the same time, the PC and PI zoning district regulations were amended to allow Rental Car Storage Uses subject to a use permit and only undef elevated freeways and majof utility - alignments (SSFMC 20.24.030 (c) & 20.32.030 (c)). -2- Staff Report To: Planning Commission Subject: P06-0007 1080 San Mateo Avenue April 6,2006 Page 3 of 5 GENERAL PLAN CONSISTENCY & ZONING COMPLIANCE The project site is designated "Mixed Industrial" by the City's General Plan Land Use Element. The General Plan policies applicable to the Mixed Industrial designation allow industrial and commercial land uses, including auto fepaif and fental car fleet maintenance. The site is situated in the Industrial (M-1) Zone District, which allows rental car fleet maintenance subject to a use permit approved by the Planning Commission. Rental Car Stofage is not an allowed use in the M-1 Zone. Any rental car parking at the proposed facility must meet the definition of an "accessory use" to the maintenance facility. SSFMC Section 20.06.050 (d) defines an accessory use as: "A use which (1) is subordinate to and serves a principal structure or a principal use; (2) is subordinate in area, extent and purpose to the principal structure or principal use served, occupying an area less than thirty percent of the gross floor area of the principal structure or use, but excluding open storage; (3) is located on the same lot as the principal structure or use served except as otherwise expressly authorized by provisions of this ordinance; and (4) is customarily incidental to the principal use. " The site plan depicts parking areas for 170 cars for a 14 bay maintenance facility, 108 queuing spaces for a two-pump fueling station and two-lane car wash, and 42 parking spaces for employee and guest parking. It is staff s determination that the pfoposed parking areas are neither subofdinate nOf customarily incidental to the proposed fleet maintenance use. The parking areas would occupy 54% of the property, and the minimum required parking would be only 60 spaces (SSFMC Sec 20.74). BuildinglUse Maintenance Building Car Wash/fueling area Existing Office Building Parking Requirements Area Proposed Required 10,800 SF (14 bays) 170 52 2600 SF (2 bays) 108 4 l013 SF 42 4 Total 320 60 Parking requirements based on a rate of Auto Rep:lir: 4/Work Bay and 1/250 SF for associated office areas, Car Wash: 2/wash bay. Note: The maintenance use is subofdinate to the proposed parking use. Therefore, rental car parking is, by definition, the pfoposed primary use of the site. Since the storage of rental cars is not an allowed use in the M-l zone, the proposal is inconsistent with the zoning fegulations and staff cannot fecommend that the Planning Commission find otherwise. -3- Staff Report To: Planning Commission Subject: P06-0007 1080 San Mateo Avenue April 6, 2006 - Page 4 of 5 Because staff cannot fecommend that the Planning Commission make the fInding of zoning compliance, furthef analysis of the project's compliance with development standards and environmental feview was not conducted. Pef Section 21080(b)(5) of the California Public Resources Code, Environmental Review is not fequifed for denied pfojects. CONCLUSIONIRECOMMENDA TION: The applicant has been advised of the City's land use fegulations pertaining to fental car storage and accessory uses (see correspondence, attached). The applicant was given the opportunity to fevise the project plans to show an appfopriate amount of parking, and inquiry has been made regarding whethef the proposed use has unique parking requifements that merit special consideration. The applicant has failed to adequately justify the necessity of 320 parking spaces for a 14-bay maintenance garage. Should the Commission fInd that, contrary to Staffs fecommendation, the pfoposed parking meets the definition of an accessory use to the rental car fleet maintenance facility, the application should be feferred back to staff fOf furthef analysis and environmental feview. - In staff's opinion, the pfoposed parking supply is excessive relative to the anticipated demand of the proposed use and the conclusion is that the site is to be used for the stofage of fental cars, a use that is not allowed in the M-1 Zone (SSFMC 20.30). Thefefore, the Planning Commission should deny the Use Permit application on the grounds that the proposal does not comply with the applicable fequifements of the Zoning Ordinance. ATTACHMENT. Draft Finding of Denial Correspondence: Applicant Lettef dated 12/22/05 Staff Letter dated 1/13/06 Applicant Transmittal dated 1/25/06 Email Correspondence 1/30/06 Applicant "Site Utilization" feceived 1/30/06 Chief Planner Lettef dated 2/1/06 Applicant Letter dated 2/2/06 Applicant's Counsel Letter dated 3/30/06 Plans dated 1/25/06 - -4- DRAFT FINDINGS OF DENIAL P06-0007 USE PERMIT APPLICATION 1080 SAN MA TEO AVENUE (As fecommended by City Staff on April 6, 2006) As fequired by the "Use Permit Procedures" (SSFMC Chapter 20.8l), the following findings are made in denial ofP06-0007 Use Permit allowing a fental car fleet maintenance use, including construction of a maintenance buill ding, car wash and related site impfovements, based on public testimony and the materials submitted to the City of South San Ffancisco Planning Commission which include, but are not limited to: Plans prepared by Blunk Demattei Associates, submitted in association with P06-0007; Planning Commission stafffeport dated April 6, 2006; and Planning Commission meeting of April 6, 2006: 1. The use permit application fOf a maintenance facility, fuel canopy and car wash with 320 parking spaces does not comply with all applicable standards and requirements of the Zoning Ofdinance (SSFMC Chaptef 20) because the parking area would occupy 54% of the property, and the I!linimum requifed parking would be only 60 spaces (SSFMC Sec 20.74). The proposed parking area therefofe does not meet the definition of an Accessory Use (SSFMC Chapter 20.06.05(d)) and fental car stofage is not a permitted use in the M-1 zoning district (SSFMC Chaptef 20.30). -5- f$:i National.. Alamo - Vanguard Car Rental USA Inc. December 22, 2005 Susy Kalkin Principal Planner Planning Division City of South San Francisco 315 Maple Avenue South San Francisco, California 94083 RE: Project Description Vanguard Car Rental USA, Inc. Planning Application 1080 San Mateo Avenue, APN# 015-163-120 Dear Ms. Kalkin: Attached are the Planning Application and all required plans, fees, forms, and reports necessary for the improvements at 1080 San Mateo. Thank you again for meeting with Paul Salisbury and myself at your offices on December 20. Your direction was very helpful in completing the application and associated paperwork. - Vanguard intends to utilize this site as a vehicle storage and maintenance facility. This is a private facility where no customers will be served and up to 32 employees will work. The vehicles serviced on this site will support the Rental Car Center at SFO. An existing building (968 sJ.) at the front of the property will be painted and renovated to house three regional personnel. The existing canopy will be cut back to allow car transport trucks to enter and exit the property and one of two existing security booths will remain to accommodate on-site 24/7 security. New buildings include a 14-bay vehicle maintenance and office facility (10,800 sJ.), car-wash facility (2,687 sJ.), and fuel island with canopy (3,172 sJ.). Our fleet of vehicles is primarily less than one year old and all vehicles are less than two years old. At regular intervals, older vehicles are prepared for return and new vehicles afe delivered. The car wash and fueling facility are primafily used when preparing vehicles for return, but also prior to transport to the Rental Car Center. During a vehicle's rental "lifespan", regular maintenance (oil/tire changes, warranty issues, etc.) is handled at the maintenance and office facility. The overall goal of our business is to keep the vehicles rented and on the road so the ideal situation is to have zero vehicles on the lot. However, the exchange of vehicles results in a storage inventory of 0-650, depending on the season and business levels. Vehicles are delivered and transported in two ways: Truck Deliveries and Shuttle Movements. The quantity and timing of these activities is completely within the control of Vanguard. Our operating costs increase proportionate to the time it takes to deliver or move a vehicle, so the vast majority of deliveries and movements are scheduled during "Off-Peak" hours (6pm -7am) when traffic and business activity is light. Exhibit A (attached) breaks down the average vehicle movement activity for the calendar year. Vehicle transport trucks arrive via HWY 101 from the South and can approach the site from the South by exiting onto - 6929 N. Lakewood Avenue, Suite 100. Tulsa, OK 74117. (918) 401-6398. fax (952) 837-9362 -6- December 23, 2005 Page 2 San Bruno Avenue, or from the North by exiting onto S. Airport Blvd. Transport trucks will load and unload vehicle shipments entirely within the secured site. At no time will this activity occur outside the property. Shuttle movements will occur via San Bruno and San Mateo to and from the Rental Car Center. Vanguard will be constructing improvements on the property in excess of two million dollars and will be relocating thirty-two employees to the area. We believe that this project will be mutually beneficial for both Vanguard and the City of South San Francisco. Please review the attached submission and contact me with any questions. I look forward to working with you throughout this project. Sincerely, ~n~~ Director of Construction Vanguard Car Rental USA Inc. -7- Month January February March April May June July August September October November December Truck Deliveries (per day) Off-Peak Peak 2 1 3 2 3 2 3 1 5 2 2 1 8 4 o 0 2 1 2 1 4 2 3 2 EXHIBIT A Vehcile Movement Activity 1080 San Mateo Avenue -, Shuttle Movements (per day) Off-Peak Peak 37 0 46 0 50 0 45 0 74 0 35 0 114 0 24 0 41 0 44 0 61 0 55 0 **Data above are maximum numbers, assuming per day Monday-Friday. Occassionally, Deliveries and Movements occur on Saturday and/or Sunday. The weekend activity would replace activity listed above. Truck Delivery Off-Peak = 6pm - 7am Truck Delivery Peak = 10am - 2pm Shuttle Movement Off-Peak = Sam - 7am, 10am - 2pm, 6pm - 11pm. Shuttle Movement Peak = 7am - 1 Oam, 2pm - 6pm -, - -8- DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT PLANNING DIVISION (650) 8n-S535 FAX (650) 829-6639 January 13, 2006 Randy Kinsey, Director of Construction Vanguard Car Rental USA, Inc. 6929 N. Lakewood Ave. Suite 100 Tulsa, OK 74117 Re: Use Permit Application P06-0007/UP06-0002 for 1080 San Mateo Avenue, South San Francisco, CA, Assessor's Parcel Number. Dear Mr. Kinsey: .' The Planning Division is in receipt of your use permit application for a rental car maintenance and storage facility at the above-referenced property. This letter is to inform you that, as proposed, the project does not comply with the land use regulations applicable to the property. The subject property is zoned "M-1" Industrial. Section 20.30.030 (c) of the City of South San Francisco Zoning Ordinance lists "Rental Car Fleet Maintenance" (as defined by SSFMC Sec. 20.06.050 (r)(8)) as a permitted use subject to a use permit. The plans submitted with your application do depict a rental car maintenance facility, however, a substantial portion of the property is dedicated for the storage of rental cars. Rental car storage (as defined by SSFMC Sec. 20.06.050 (r)(9)) is not an allowed use in the M-1 zone. Although "Rental Car Storage" cannot be approved as a principal use on the property, in accordance with SSFMC Sec. 20.11.010, it may be approved as an accessory use. Section 20.06.050 (d) defines accessory uses in part as "...subordinate in area, extent and purpose to the principal structure or principal use served..." If you wish to include rental car storage as a use intended to be accessory to the maintenance facility, the plans should be revised to clearly reflect this relationship. Another option available to you is to revise the use permit application to depict an Auto Rental Facility (Le., where transactions take place on-site), since such operations are a conditionally permitted use in the M-1 zone. - 9- 315 MAPLE AVENUE . P.O. BOX 711 . SOUTH SAN FRANCISCO, CA 94083 Van'guard Car Rental 2/8/2006 Page 2 Alternatively, you could choose to locate the rental car storage operation on either a property zoned "PC" Planned Commercial or "PI" Planned Industrial. These zoning districts allow rental car storage uses under elevated freeways and major utility alignments with an approved use permit. .-.. Currently, other City departments are reviewing your application, and you will be informed of any issues or comments they may have as soon as we become aware of them. Also, you will receive additional comments from the Planning Division regarding the project's compliance with other aspects of the Zoning Ordinance, including development standards and environmental concerns. Applicable code sections are enclosed. If I can be of further assistance, please feel free to contact me at (650) 829-6630. Sincerely, Enclosures -. CC: Susy Kalkin, Principal Planner 1070 Associates, LLC 835 Washington St. San Francisco, CA 94108 Paul Salisbury 1555 Bayshore Highway #300 Burlingame, CA 94010 - \\SCULL Y\CRWASSOC\DA T A \Attachments\Projects\P06-0007\LETTERTOA_060117.DOC -10- BDA B.L.Ljl\I}( OE1\J!/6..TTEl ASSOC:.j~.0\'TES ~i\J{= TRANSMITTAL DATE: January 25, 2006 TO: CC: FROM: PROJECT: Chad rick Smalley, Associate Planner City of South San Francisco Art Turpel, Randy Kinsey Paul G. Salisbury 1080 San Mateo Ave. Vanguard Maintenance Facility 20570 JOB#: TRANSMITTED: VIA: 181 FOR YOUR USE 181 AS REQUESTED o FOR APPROVAL o FOR REVIEW AND COMMENT 181 OTHER: o FAX Total Pages: o U.S. MAIL o FEDERAL EXPRESS/CALIFORNIA OVERNIGHT 181 PICK UP/DROP OFF o OTHER: DATE Jan. 24, 2006 DESCRIPTION Revised Site Plan Chad: In response to the comments received at the Janurary 1 ih Design Review Committee meeting and in our conversation with your self and Tom Sparks, the site plan for the referenced project has been revised. The principal changes include the following: 1. Landscaping will be modified. Actual plan materials and plant list will be included in the landscape sheets in the plans to be submitted for plan check review. 2. ADA parking striping has been revised to meet current Code. 3. An ADA accessible route from the building to the sidewalk has been provided. 4. Decorative planting will incorporate evergreen clumping grasses. 5. The trash enclosure has been noted as covered and it will drain to the sanitary sewer. 6. The new routing of the stair replacement and the new ramp avoid conflict with traffic. Most significantly, the parking areas have been modified in the following ways: 1. Exit booth and secured area have been moved back from the street. 2. Employee and guest parking have been expanded outside of the secured area in response to the concern expressed in the comments of the Police Department that ample off-street parking be provided. 3. The existing planting strips which demarketed the parking area in the NE end of the site will not be demolished and the existing parking stalls will be for staging the cars for maintenance. The planting in those strips will be refurbished. 4. A smaller, striped zone will be used for queuing cars to go through the fuel and wash cycle. It is hoped that these changes will clarify the intended use of the site for vehicle maintenance and servicing. If you have any questions or further concerns that we can address, please call. . 1555 BAYSHORE HWY #300 BURLINGAME CA 94010 TEL 6506929911 FAX 6506920181 . -11- Page 1 of 1 Smalley, Chadrick .__._.__.___._____~.,,___"_^W_,~_u~..,_"""'~..,..._.~__..__.__m_~..._..,.~,_...._..'''_,,~..._.,...~_.,__.._,..._,_..~.u.,''u.._._"_._m._._.~.._....,.......~..w_..,...v,~...~,__'v..~m.__~_..~~v.,,,..,"'~___..,.____...._~.~m...'.. ----. From: Paul G. Salisbury [psalisbury@bdaarch.com] Sent: Monday, January 30, 20064:39 PM To: Smalley, Chadrick Cc: Turpel, Art; Kinsey, Randy Subject: 1080 San Mateo - Vanguard Car Rental Chad: Attached is a "Anticipated Site Utilization" narrative which I hope does what you were asking for. And since it refers to the Vehicle Movement analysis, that is also attached though I think you already have that. Please let me know if this is more in line with what you were requesting. Thanks, Paul Smalley, Chadrick wrote: Paul- Thank you for that transmittal. Unfortunately, it has fallen just short of the information I require- specifically, I need a narrative describing the operational characteristics of the use that clearly demonstrate that auto storage is not proposed at this location. If Art or yourself could demonstrate in writing how the anticipated throughput of the maintenance facility requires the amount of staging and parking that is currently proposed, we would be able to use that in making a judgment at staff level regarding the land use issues. On its face, it is difficult to justify parking for 170 cars for a 14 bay service center, not to mention the large (108 cars) fuel/carwash queuing area and a visitor parking area. Perhaps a narrative would help us understand the unique requirements of the operation. -chad -.. ----Original Message---- From: Paul G. Salisbury [mailto:psalisbury@bdaarch.com] Sent: Monday, January 30, 2006 2:01 PM To: Smalley, Chad rick Cc: Turpel, Art; Kinsey, Randy Subject: 1080 San Mateo Avenue Chad: Thank you for your time this morning to review the revised drawings which we inserted into the plans for the staffs use. Attached is a Word file of the transmittal for the revised sheets that outlines how the submittal has been modified. If you have any difficulty opening it or if, after reviewing it, you need additional clarifications or information, let me know immediately. Your assistance and professionalism is really appreciated. Paul -- -12- 2/3/2006 BDA BLUNK DEfv1ATTE! ASSOCiATES INC Vanguard Car Rental Proposed Maintenance Facility Anticipated Site Utilization Vanguard intends to utilize this site as a vehicle maintenance facility. This is a private facility where no customers will be served and up to 32 employees will work. The vehicles serviced on this site will support the Rental Car Center at SFO. Our fleet of vehicles is primarily less than one year old and all vehicles are less than two years old. At regular intervals, older vehicles are prepared for return and new vehicles are delivered. The car wash and fueling facility are primarily used when preparing vehicles for return, but also prior to transport to the Rental Car Center. During a vehicle's rental "life span", regular maintenance (oil/tire changes, warranty issues, etc.) is handled at the maintenance and office facility. About half of the existing parking stalls defined by curbed islands were removed to accommodate the new Maintenance Bldg. and Car Wash. The area left over will be striped for queuing for the fuel/wash function in case there is a backup. The only time this would be near half full is when a new shipment comes in and there are a few dozen vehicles to prepare to send over to SFO. The rear or North end of the lot is going to remain as is with only the landscaping and paving upgraded. Any vehicles in need of routine or regular maintenance that can't immediately be accommodated in the Maintenance Bays, will be staged there. There are currently 170 stalls in that area but, again, it should be rare that there would be more than a few dozen vehicles waiting for space on a lift. The overall goal of our business is to keep the vehicles rented and on the road so the ideal situation is to have zero vehicles on the lot. However, the exchange of vehicles results in a revolving inventory with volumes dependant on the season and business levels. The exchange is rarely "one off the truck, one on", which results in a car staging "buffer". Vehicles are delivered and transported in two ways: Truck Deliveries and Shuttle Movements. The quantity and timing of these activities is completely within the control of Vanguard. Our operating costs increase proportionate to the time it takes to deliver or move a vehicle, so the vast majority of deliveries and movements are scheduled during "Off-Peak" hours (6pm - 7am) when traffic and business activity is light. Exhibit A (attached) breaks down the average vehicle movement activity for the calendar year. Vehicle transport trucks arrive via HWY 101 from the South and can approach the site from the South by exiting onto San Bruno Avenue, or from the North by exiting onto S. Airport Blvd. Transport trucks will load and unload vehicle shipments entirely within the secured site. At no time will this activity occur outside the property. Shuttle movements will occur via San Bruno and San Mateo to and from the Rental Car Center. . 1555 BAYSHOAE HWY #300 BURLINGAME CA 94010 TEL 6506929911 FPV< 6506920181 . -13- - DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT PLANNING DIVISION (650) an-8535 FAX (650) 829-6639 fr&4 February 1, 2006 Randy Kinsey, Director of Construction Vanguard Car Rental USA, Inc. 6929 N. Lakewood Ave. Suite 100 Tulsa, OK 74117 Re: Use Permit Application P06-0007/UP06-0002 for 1080 San Mateo Avenue, South San Francisco, CA, Assessor's Parcel Number 015-163-120. Dear Mr. Kinsey: - The Planning Division is in receipt of your revised plans for a rental car maintenance and storage facility at the above-referenced property. This letter is to inform you that Planning Staff cannot recommend that the Planning Commission make the mandatory finding that the proposed use complies with the applicable requirements of the Zoning Ordinance (SSFMC Sec. 20.81.050 (c)). As mentioned in our letter of January 13, 2006, the subject property is zoned "M-1" Industrial, in which "Rental Car Fleet Maintenance" is a permitted use subject to a use permit. The revised plans submitted January 30, 2006 now depict a substantial portion of the property designated for parking and queuing areas. It is the Chief Planner's determination that the parking area uses dominate the site plan and thus cannot be considered an accessory use as defined by SSFMC Sec. 20.06.050. If you wish to proceed with this project as currently proposed, be advised that staff will recommend that the Planning Commission deny the use permit application. ~f~ Chief Planner - -14- 315 MAPLE AVENUE . P.O. BOX 711 . SOUTH SAN FRANCISCO, CA 94083 Vanguard Car Rental 211/2006 Page 2 CC: Susy Kalkin, Principal Planner 1070 Associates, LLC 835 Washington St. San Francisco, CA 94108 Paul Salisbury 1555 Bayshore Highway #300 Burlingame, CA 94010 S:\Smalley\P06-0007 (Vanguard) 1080 San Mateo\Letter to applicant 2.1.06.doc -15- ~ National Alamo Vanguard Car Rental USA mc. - February 2, 2006 RECEIVED FEB 1 0 2006 PLANNING DEPT. Mr. Thomas C. Sparks Chief Planner, City of South San Francisco 315 Maple Avenue South San Francisco, CA 94083 RE: Use Permit Application P06-0007/UP06-0002 for 1080 San Mateo Avenue, South San Ffancisco, CA, AsSesSOf'S Parcel Nurnbef 015-163-120. Dear Mr. Sparks: We want to thank you and your staff for the time and effort they have put into analyzing our application to become a resident business in the city of South San Francisco. We felt our plan and our use wefe very compatible with the surrounding properties. We most respectfully disagree with your evaluation of our parking areas and how they interact with the site and use. Thus we are requesting that our application be put on the next available Planning Commission Hearing allowing us to pfesent our plans in the public forum. We will continue to wOfk with Mr. Smalley to provide all fequired information to move forward. - Thank you again fOf your assistance. smf):J; ~ Arthur Turpel Vice President - Facilities CC: Susy Kalkin, Pfincipal Planner 315 Maple Avenue South San Francisco, CA 94083 Chadrick Smalley, Associate Planner 315 Maple Avenue South San Ffancisco, CA 94083 - -16- P.O. Box 22233, Tulli<l, VA 74121-2233 Paul Salisbury Blunk Demattei 1555 Bayshofe Highway, #300 Burlingame, CA 94010 Mark Hudak, Esq. Carr McClellan 216 Park Rd. Burlingame, CA 94010 -17- ~ CARR McCLELLAN ~ INGERSOLL THOMPSON & HORN - Professional Law Corporation Mark D. Hudak mhudak@carr-mcclellan.com CELEBRATING 60 YEARS March 30, 2006 Planning Commissioners City of South San Francisco 315 Maple Street South San Francisco, CA 94083 Re: 1080 San Mateo Avenue Dear Commissioners: Our office represents Vanguard Car Rental USA, Inc. ("Vanguard''). Vanguard is the parent company of Alamo Rent A Car and National Car Rental. This letter is offered in support of Vanguard's application for a use permit to construct and operate a maintenance facility at 1080 San Mateo Avenue. ~ BACKGROUND For several years, I have represented Vanguard in connection with the renewal of the conditional use permit for its maintenance facility in Burlingame. During that time, I have found that Vanguard has conducted its operations in Burlingame without significant impacts on neighboring properties or traffic flows. I am not aware of any complaints by businesses arising from the conduct of operations at this site. The Burlingame facility used to serve two primary purposes. First, customers were shuttled from San Francisco Airport to Burlingame, where they completed paperwork and picked up their fental cars. Second, routine light maintenance was performed on cars already in the fleet, and new cars were prepared for introduction into the fleet. However, in 1999, the airport opened its new rental car facility (the "SFO facility''). The airport mandates that all rental car transactions for travelers take place at the SFO facility (thereby capturing the taxes and fees for San Francisco). Shuttling to off-site locations is not permitted. Consequently, car rental transactions at Vanguard's Burlingame facility dwindled to almost none. 216 Park Road' Burlingame' California 94010 P 650.342.9600 F 650.342.7685 - www.carr-mcclellan.com -18- Planning Commissioners March 30, 2006 Page 2 At the request of Burlingame, Vanguard works with local hotels and businesses to serve their rental car needs. This program does not conflict with the restrictions at the SFO facility. As part of its conditional use permit, Vanguard pays Burlingame an annual fee, based on the number of fentals or a guaranteed minimum, whichever is greater. The airport requires that rental cars be stored at the SFO facility for immediate delivery to customers. Between them, Alamo and National have some 2,000 spaces at the SFO facility for their rental fleet. These spaces are more than adequate for the volume of rentals now and for the foreseeable future. With these spaces, there is no need to store rental cars at the Burlingame facility. Because of the changes brought about by the SFO facility, Vanguard's 10 acre site in Burlingame is too large and too costly to administer as a maintenance facility alone. Vanguard has been searching for a smaller property to accommodate its maintenance operations. The company believes that the 1080 San Mateo property is ideal for its needs and that the use proposed is consistent with the zoning and existing use patterns. THE PROPOSED FACILITY AND OPERATIONS Vanguard is proposing to conduct two primary operations at 1080 San Mateo. First, cars already in service require routine light maintenance. This may include oil and fluid changes, tuning, cleaning and fuel. Significant repairs, including body work, would not be performed at this site. Employees drive the cars over from the SFO facility and drive them back when the work is finished. Cars needing maintenance would remain at the site only as long as necessary to receive maintenance and be shuttled back. (In the rental car business, a car that is not at the rental site for delivery to customers is not useful, so the company has every incentive to get cars back to the SFO facility as soon as practical.) The vast majority of cars needing service (90%) would be moved on and off the site within one day. Second, Vanguard receives shipments of new cars to replace those that are being taken out of service. These cars need preparation work to ready them for inclusion in the rental fleet. This work includes inspection, fueling, cleaning, and placement of identification, logo, license plates, etc. on the car. As soon as the new cars are ready, they are driven over to the SFO facility and placed into service. Ordinarily, new cars would be at the site for one-two days before they are placed into service at SFO. Vanguard will construct a new maintenance building to perform these functions. This building would have office for the managers on site. A separate building would be constructed for washing cars and another area would be designated for fueling. Vanguard expects to have about 32 employees and all of them would be able to park on site. Even after construction of these new structures, 1080 San Mateo would have about 320 parking spaces. Many of these spaces would not be used. At most times of the year, there would be 40- -19- Planning Commissioners March 30, 2006 Page 3 - 60 cars brought to the site per day for routine maintenance service and the expectation is that most of them would be returned to the SFO facility within 24 hours. The amount of new cars varies but would average 20-30 cars per day and each car would be shuttled to the SFO facility as soon as it is ready. The number of shuttle trips increases during the summer months. Vanguard is in full control of the times when shuttling will occur. Vanguard's practice is to shuttle the cars during non-commute hours (commuting hours being defined as 7:00 a.m.-l 0:00 a.m. and 2:00 p.m. - 6:00 p.m.) in order to avoid delays. This practice minimizes the impact on other businesses in the area. Trucks carrying new cars would be able to pull into the site to unload, which also would reduce impacts on San Mateo Avenue. Vanguard is open to continuing the program it has developed in Burlingame and renting cars from the South San Francisco facility. This program could serve local hotels, businesses, and customers of the nearby car repair facilities, with fees set in the same manner as in Burlingame. VANGUARD'S USE IS PERMITTED IN THE M-l ZONE The 1080 San Mateo property is located within the M-l zone. A permitted use within this zone is auto repair and there are repair shops lining both sides of the street in the vicinity of this property. Section 20.30.030(c) of the South San Francisco Municipal Code provides that "Rental Car Fleet Maintenance" is a permitted use with a use permit. Vanguard is proposing that exact use. The company is willing to accept reasonable conditions in a use permit that will minimize impacts on neighboring businesses, including traffic issues. The Commission should recognize, however, that Vanguard's facility would have far less impact on San Mateo Avenue than the existing repair facilities, which have little or no parking for employees, customers, or cars that are awaiting repairs. - Surprisingly, the Plamring Department has made a determination that Vanguard's operation would primarily be parking (which would relegate the maintenance operations to accessory or secondary use status). That determination is not consistent with the facts. The most important. consideration is that cars waiting to be rented are stored in the 2,000 designated spaces for Alamo and National at the SFO facility. There is no need or reason to store rental cars at 1080 San Mateo. To the contrary, the onlv reason a rental car would be at the 1080 San Mateo facility would be to receive foutine maintenance or new car preparation services and the cars remain on site only as long as needed for the service required. Clearly, parking is only incidental to carrying out the maintenance of the car rental fleet, as contemplated by Section 20.30.030(c). It is possible that we did not fully explain to the staff our parking situation relative to the new SFO facility, and thereby caused confusion about Vanguard's long-term intentions for this property. While we understand the Commission's reluctance to disagree with a staff determination, this is a situation in which the applicant is proposing the precise use called out in - -20- Planning Commissioners March 30, 2006 Page 4 the zoning classification and is entitled to have the Commission make the appropriate findings to support the proposed use. The staffhas indicated that, if Vanguard's operations are determined to fall within Section 20.30.030(c), the next step will be to conduct a traffic study and devise appropriate conditions for the use permit. We agree that this is the correct procedure and look forward to working with staff to develop fair permit restrictions. Given the operating history in Burlingame, we are confident that Vanguard's use will not create undue impacts. Please feel free to contact me if you have any questions about our position. We look forward to discussing these matters with you on April 6. Sincerely, / //:$f/J~ Mark D. Hudak MDH:os cc: Client Team Planning Department BGLIB1\1284559.1 -21- Planning Commission Meeting of April 6, 2006 -"'< Commissioner Teglia asked if the overnight storage area will be used for storage of commercial vehicles. Acting Chief Planner Kalkin noted that parking spaces 22-30 are standard parking spaces and a Condition of Approval could be added to designate these for employee parking only and the rest of the parking spaces would be available for limousines. Motion Teglia ! Second Sim to approve P06-0015: UP06-0005 and adding the following Conditions of Approval: · That all commercial vehicles or any vehicles repaired in the operation be stored in the designated overnight storage parking area off of Lowrie Avenue · Parking spaces 22-30 shall be employee designated standard vehicle parking only. (No limousine or vehicles on site for servicing.) · There will be a one year compliance review. Approved by majority voice vote. Absent - Commissioner Prouty and Vice Chairperson Honan. 4. 1070 Associates, LLC!Owner Vanguard Car Rental USA, Inc.! Applicant 1080 San Mateo Avenue P06-0007 & UP06-0002 (Continue from March 16, 2006) Use permit to allow a rental car fleet maintenance use, including construction of a maintenance building, car wash and related site improvements, at 1080 San Mateo Avenue in the M-l Industrial Zone District in accordance with SSFMC Section 20.30.030 ...... Public Hearing opened. Acting Chief Planner Kalkin presented Chad Smalley, Associate Planner, who previously worked in Solano County. Associate Planner Smalley gave the staff report. Mark Hudak, representing Vanguard, presented Art Turpel, Vice President of Vanguard Susan Najar, in charge of managing operations at San Francisco Airport (SFO) for Vanguard and Paul Salisbury, architect for 1080 San Mateo plans. Mr. Hudak noted that the lot is an "LIT shaped lot. They propose to build the maintenance facilities on the flag portion rather than the flag pole portion of the lot. He added that the proposed buildings and the staging area for the cars will be behind existing buildings on another lot and not visible from San Mateo Avenue. He noted that all operations will be conducted on site and will not be adding to the congestion and parking problems on San Mateo Avenue. Mr. Hudak noted that the staff report is correct in stating that a car maintenance use is permitted in this zone but felt that staff was incorrect in believing that the primary use is for parking and storage of rental cars. He disagreed because Vanguard does not propose to store or park any of their cars at 1080 San Mateo. He stated three reasons why: · They are required to lease onsite parking at San Francisco Airport. He added that they currently lease 2,000 parking spaces on the airport site, which is more than they need now and in the foreseeable future. · Vanguard will invest $2.7 million to $3 million on the maintenance facility and equipment, which is too expensive just for an overflow parking lot. He pointed out that there will be 35 employees at the site servicing the rental cars. · Vanguard has a maintenance facility in Burlingame and it is a prime example of how the proposed "" S:\Ml",,,te5\04-0G-00 RPC Ml",,,te5.~DC -22- pl<ge 4 ofT Planning Commission Meeting of April 6, 2006 facility will be managed in South San Francisco. He encouraged everyone to go and see how the Burlingame facility operates and added that there is no storage at that facility Mr. Hudak added that maintenance is the primary and only use proposed for the facility. He pointed out that the site is perfect for Vanguard but that the only negative side to it is that the site is too large. He added that there is no practical way to subdivide the lot or sublease it because it has a narrow frontage on San Mateo Avenue. He added that there will be employee parking, the maintenance facility, room for staging the cars to be serviced and some extra space that staff characterizes as parking. He reiterated that there is absolutely no need to use that for parking at the present time. He emphasized that the working relationship between Burlingame and Vanguard has been excellent. He added that they used to shuttle customers from the airport to the Burlingame facility for rental but that has evolved with the recent changes in that all the rental transactions have to be at the airport. He pointed out that they have an outreach program that serves the needs of hotel guests and business people off the San Francisco facility in a way that they do not jeopardize the needs of those at the San Francisco facility. He added that for the privilege of doing this they pay "per car" rental fees or a guaranteed minimum to Burlingame. He noted that they have brought this up to staff and could add a car rental desk on the facility and have cars available, which would be a benefit for those who need a car when dropping their's off at one of the automotive shops. He added that they will only have car rental maintenance at the facility and that the proper way of making sure that staff's concerns are met is through the Conditions of Approval. Public Hearing closed. Commissioner Teglia noted the applicant's presentation sounded reasonable. He asked staff it could be conditioned to conform to the zoning. Associate Planner Smalley replied that in order to tailor a condition and be sure that the amount of parking is incidental to the maintenance use, staff needs to know exactly how much parking is needed for the maintenance use. He pointed out that the correspondence from Mr. Hudak states no more than 60 cars will be at the facility but if that is the case, why are there 350 spaces being proposed. He added that if the applicant thinks the site is too large, why not find a more appropriate site, or another use that is appropriate for the site. Mr. Hudak stated that finding a site that is in proximity to the airport and properly zoned is difficult. He pointed out that they do not have an auxiliary use for the site other than rental car storage, which is something that staff will not support. They do not propose to do anything on the excess space. He stated that in addition to the maintenance of rental cars, the other operation that is carried out of the facility is when the new cars are unloaded, they need to be prepared to be a part of the rental fleet. He noted that they need to have the room to unload a couple of trucks with new cars. Commissioner Teglia asked how many car carriers would deliver to the site. Mr. Hudak noted that they need to get the cars off the lot within 48 hours. Art Turpel pointed out that they have been before the Design Review Board and responded to all their concerns. He added that there may be times when they have 100-120 cars sitting on the siter because they are moving through the process. He pointed out that they like the site for its room and this way avoid overflow to the street. He added that this is the first time he has been penalized for having more parking than required. Mr. Turpel noted that every car on the site is there for repairr new to the fleet or being taken out of the fleet. He added that the car rental operation's goal is to have 80% of the cars out on the street and not in overflow storage. Susan Najar noted that there would be no more than two trucks at a timer which would be unloaded within a couple of hours and leaving. Trucks never stay overnight. Commissioner Teglia noted that this is a rental site. He noted that a sales lot would be a benefit to the City. Mr. Hudak noted that Vanguard does not retail their out of service cars to the public. Mr. Turpel noted that s:\MlV\.utes\04-0G-OG RPC MlV\.utes.rAOC -23- PClge 5 ofT Planning Commission Meeting of April 6, 2006 they wholesale their fleet, but it may change in the future because they may have an at risk fleet at the .. .... time. Mr. Hudak noted that when this does occur they would have to amend the use permit and return to the Commission. Commissioner Romero noted that the he has reviewed staffs recommendation and the correspondence from the applicant and sees the use as a storage facility rather than a maintenance staging area. He mentioned that he could not see 679 cars that need to be rebuilt or repaired. He reiterated that it looks like a storage facility with a small area for maintenance. Mr. Turpel noted that they also have a system of moving cars in off hours. They send shuttlers to move a line of cars in a couple of hours and they need a line of cars because the moving of the cars to SFO will be done in off hours. Commissioner Teglia noted that this described storage and not maintenance. Ms. Najar pointed out that they have gas, oil change, and cleaning facilities at the airport. Mr. Hudak noted that a car taken to the maintenance facility for service would be back at the airport within 24 hours. Commissioner Romero appreciated the comments of the applicant and his team but did not agree with them. Commissioner Teglia noted that it does not do the City any good to have a business support themselves here and have the sales solely in San Francisco. He noted that rental could be onsite and they could have an outreach program to the businesses in the area. He added that the plans make the use look like a storage lot and pointed out that the plans need to show more of a rental facility rather than a storage lot. Commissioner Sim noted that he is in support of staff's recommendation because it seems like it will be storage. He added that if they want to show that there is an auxiliary use the applicant has to be convincing. Mr. Hudak noted that the site is not ideal as a car rental facility because it is not a retail area of the City. He noted that there is a template in place for a fee like they have in Burlingame and can ..., incorporate that into the current Use Permit for South San Francisco. He pointed out that putting another use on the site to convince the City that it is not a storage facility is unreasonable to ask of the applicant at this point. Commissioner Romero noted that it is unreasonable to ask the applicant for this and if Vanguard has a business decision to make in pursuing another course of action, they can do so at that time with staff. He felt that the Commission was reviewing the application before them only. Motioll Sim / Second Romero to deny P06-0007 & UP06-0002 based on staff's recommendation Ayes: Commissioner Giusti, Commissioner Romero, Commissioner Sim, Commissioner Teglia and Chairperson Zemke None Commissioner Prouty and Vice Chairperson Honan None Noes: Absent: Abstain: Approved by roll call vote. Acting Chief Planner Kalkin noted that there is a 15 day appeal period. 5. Julie Ball/Owner Genentech/ Applicant 435 Forbes Blvd P05-0169i UP05-0032 &. DR06-0006 (Continue from March 2,2006) "'... s:\ML""utes\D4-o~-o~ RPC ML""utes.~DC -24- PClge b ofT Item # Action Calendar City of Burlingame Conditional Use Permit Extension for Car Rental, Storage and Maintenance Facility Address: 778 Burlway Road MeetingDate: 1/10/05 Request: Conditional use permit extension for an existing car fental, storage and fepair facility, zoned C-4 (25.41.025(k)) Applicant: Property 0 General Plan: a Adjacent Development: Office, hotels and restaurants clubs CEQA Status: Article 19. Categorically Exempt per Section: 15303 - Class 1- the operation repair, maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical featufes, involving negligible or no expansion of use beyond that previously existing including but not limited to (a) interior or exterior alternations involving such things as interior partitions, plumbing, and electrical conveyances. on Thompson & Horn APN: 026-113-510 Lot Area: 8.41 acres. Zoning: C-4 Previous Use: Proposed Use: Allowable Use: Auto rental, storage and repair facility Auto rental, storage and repair facility Auto rental is .a non-conforming use, fequesting extension to previously approved conditional use permit. History: On February 18, 2003 the City Council upheld the Planning Commissions approval of a conditional use permit amendment fOf 778 Burlway Road to add employees, car storage and re-active the on-site rental operation at an existing ~~ar rental facility on a 5-0 voice vote. The site at 778 Burlway Road originally housed the following uses: administrative .:>ffice for Alamo Rent-A -Car; car storage for up to 400 cars; car maintenance rental fleet from SFO and those rented from this site; new car delivery and pick-up site from transport trailers; and rental car facility. The February 18, 2003 approval allowed the National Car Rental facility formerly located at 40 Edwards Court to consolidate with the Alamo Rental Car facility located at the 778 Burlway Road site. The two companies merged as a result of a bankruptcy. The approval allowed the Burlway Road operation to increase the vehicle limit from 400 to 600, allowed the increase in the number of employees on-site from 15 to a maximum of 40 and fequired the operator to re-activate the caf rental counter. At the February 18, 2003 Council meeting the City Council discussed the infrastructure impact to the City with the movement of vehicles back and forth from San Ffancisco International Airport. It was decided that instead of an annual $5,000 payment plus 1 % of the gross rental fees on each car to the City, that with the increased impact (from now two rental car facilities) the applicant should make a payment of$36,500 per year and pay 1 % of the total gross rental for each vehicle rental Of lease originating from the site, whether or not those agreements were signed in Burlingame. This became a condition of the apPfovaL The subj ect property has been used as a non-conforming use fOf car rental since 1985. In September of 1994 the contract writing and signing moved to the airport. Howevef, to qualify as a car rental operation cars must be fented from the site and as per previous conditions of approval, the opefator must pay 1 % of the gross rentals for any vehicles for lease or rental originating from the site whethef those agreements are signed in Burlingame or adjacent jurisdictions, except for the airport car rental facility. Therefore Alamo continued operating a rental desk from 778 Burlway Road, even though the volume of rentals was greatly reduced due to the on-site rental operation at SFO. However, this desk was temporary closed and they were in violation of their use permit. As a part of the 2003 approval the rental desk was re-activated. \t the February 18,2003 Council meeting the City Council also expressed concern over approving a non-conforming use and stated that they would prefer seeing a conforming use more suited to the Bayfront on the site. They stated that they were willing to give a two year approval but did not want to increase their approval to four years at that time; so the action was conditioned with a required two year review. (February 18, 2003 City Council minutes attached for review) -25- Conditional Use Pennit Amendment 778 Burlway Road Summary: Mark Hudak of Carr McClellan Ingersoll Thompson and Horn, repfesenting Vanguard Car Rental USA, is-. requesting a two year extension of the conditional use permit on the same terms and conditions as the existing permit. Condition number 14 of the previous approval states that, "approval of the car rental facility shall expire in two years and all said uses on the site shall cease unless the applicant applies for a permit extension by February 3,2005 to be reviewed and approved by the Planning Commission." There are no exterior alterations Of changes in current operation proposed. The facility is proposed to maintain existing operations, with no changes to the operating criteria approved under the February 2003 project. The plans submitted for this application are consistent with the plans approved with the February 2003 project. The maximum number of vehicles on-site is 600 fenta1 vehicles. The site has the capacity to hold 800 vehicles. The 600 vehicle total includes vehicles feceiving maintenance, new vehicles added to the rental fleet and during peak times, and vehicles awaiting transfer to the San Francisco Airport facility. This total does not include employee vehicles which are parked in the employee parking lot that fronts on Bayshore Highway. The employee parking lot has 78 parking stall where 67 parking spaces are fequired. The total number of employees during any shift is a maximum of 40. Potential growth estimates that the number of employee could increase to 50 during the day shift in five years. This summary is consistent with the operating standards approved under the 2003 permit approval. Condition numbef 11 of the 2003 approval states that "that the pfoperty owner shall be responsible for the maintenance of the public access trail and improvements adjacent to the subject property for the life of the proj ect and shall be liable for any damage caused to the pubic for failure to maintain these facilities to a safe standard, and further that the property owner shall seek Bay Conservation and Development Commission approval for fedesigning the narrowest existing section of the trail and replacing and expanding the pavement in this area." The applicant notes that in order to widen the path the existing sea wall would need to be demolished and moved further into the San Francisco Bay. They have consulted with their architect and believe that this would be contrary to BCDC's standards. They are still researching this issue ane-- awaiting a response from BCDC. This item is proposed to remain a condition of approval with this extension request. Proposed Existing AllowedlReq'd. Use: Car rental, storage and Car rental, storage and Conditional Use Permit required maintenance facility maintenance facility For car rental, storage and maintenance facility* * Car rental, storage and maintenance facility is now considered non-confoniring. Staff Comments: There wefe no comments from staff. There is an existing condition of approval that prohibits trucks from picking up or delivering cars between 7:00 a.m. and 9:00 a.m. and 4:00 p.m. and 6:00 p.m., with all deliveries made on-site and no impact on the public street Of right-of-way, this will remain a condition of appfoval. The annual fees required by the City Council as discussed at their February 18, 2003 meeting will remain the same. The applicant has met this obligation regularly. Since the structures on the site were built prior to the adoption of the design guidelines for Bayfront Development and since there are no physical changes proposed on the site, compliance with the design guidelines for Bayfront Development is not required. Because this application does not constitute a change to the operation of the previously approved business, staff determined that this item could go directly to action. lfthe Planning Commission wishes to first feview this as a study item and bring it back as an action item, staff can schedule this accordingly. - Staff conducted a site inspection and notes that there is a sign along Burlway Road that says that you can rent a car there. There was another sign posted on the front gate that instructs people into an office building where there is a deck at the back 2 -26- Conditional Use Permit Amendment 778 Burlway Road of the office to rent a car. The sign says that ifno one is at the desk please call the extension number listed to have an agent ,- ne out to rent a car. The site visit was conducted on a weekday afternoon, there were no othef desks in the office, and _~ere were no employees in this area, most of the lights were turned off. The gate to the pafking area in front of the rental office was shut. Findings for a Conditional Use Permit: In order to grant an extension to a Conditional Use Permit the Planning Commission must find that the following conditions exist on the property (Code Section 25.52.020 a-c): (a) the proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; (b) the pfoposed use will be located and conducted in a manner in accord with the Burlingame general plan and the purposes of this title; (c) the Planning Conunission may impose such feasonable conditions or restrictions as it deems necessary to seCUfe the purposes of this title and to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general vicinity. (d) removal of any trees located within the footprint of any new structure or addition is necessary and is consistent with the city's reforestation requirements, and the mitigation for the removal that is proposed. Planning Commission Action: The Planning Conunission should hold a public hearing. Affirmative action should be taken by resolution and should include findings. The reasons for any action should be clearly. stated. At the public -hearing the following conditions should be considered: 6. l. that the project shall be built as shown on the plans submitted to the Planning Department and date stamped January 3, 2003, sheets AO.I, Al.O, Al.I, A2.I, and A22.I, site plan, partial site plan, second floor- administration, and building C floor plan, kiosk floor plan and reflected ceiling plan; 2. that the car rental, maintenance and storage facility may be open for business from 6:00 a.rn. to 10:30 p.rn. , seven days a week, and that there shall be no more an 50 employees and 25 customers on-site at anyone time; 3. that there shall be a maximum of 600 cars stored on the site at anyone time, this number shall include cars that are on-site for maintenance and there shall be a maximum of2 car carriers on-site to deliver vehicles at anyone time; 4. that no trucks delivering or picking up cafS at this site shall arrive Of depart between 7:00 a.m. and 9:00 a.m. Of 4:00 p.m. and 6:00 p.m. daily, and all such deliveries shall be made on-site with no impact on the public street Of right-of-way; 5. that the required numbef of handicap stalls for employees and/or customers shall be provided and designated at 778 Burl way Road as per the California Building Code, 2001 edition, and all employees shall be fequired to park in the 78 space employee parking lot in the southwestern portion of the site, employee parking shall be designated and employee cars shall have sticker identifying them as belonging to employees on-site; that all employee parking shall be provided 24 hours a day, seven days a week at the south end of the site; ., that the car rental operation at this site shall pay to the City of Burlingame $36,500 per year; the annual payment shall be payable in advance no later than April 30 of each year during which this permit is in effect. When one percent (1 %) of the total gross rental for any vehicles for lease or rental originating from this site, whether those 3 -27- Conditional Use Permit Amendment 778 Burlway Road agreements are signed in Burlingame or adjacent jurisdictions exceeds $36,500 during any calendar year, the-. applicant shall thenpay one percent of the total gross rentals to the City of Burlingame on a quarterly basis for the duration of the permit; this amount shall be due and payable no later than 30 days after the end of each calendar- year quarter. For purposes of this condition, agreements for rental from San Francisco International Airport car rental facility shall not be included in calculating the 1 % payment to the City. In addition to making the payments required by this. condition (either annual/flat amount or quarterly), the car rental operation shall file quarterly statements with the City of Burlingame Finance Department documenting the number of vehicle rental agreements signed at the site per month during the quarter on such forms as may be required by the City, and shall include a breakdown of the monthly vehicle rentals from the 778 Burlway Road site. In addition, the City of Burlingame shall accrue any sales tax fevenue from rental contracts written in the City of Burlingame. Whether paying a fixed fee or 1 % of the gross rental rates, the car rental operation on this site shall keep and preserve, fOf a period of three years, all records as may be necessary to detennine the rentals from which the one percent (1 %) payment calculation may be derived. Such fecords shall be available for delivery to the City fOf review with fifteen (15) days aftef request therefofe; 8. that no cars shall be loaded, unloaded or stored on any public street, in any public right-of-way, or in any public access area; 9. that any change to the fental of cars, number of employees, amount of auto stOfage, addition of services or secondary business to the site, or any other aspect of the operation of the car rental business at this location shall require an amendment to this use permit; 10. that the fire lane from the east end of the site to Burlway Road shall be provided and maintained, unobstructed, on a permanent basis as required by the Fire and Public Works Department of the City of Burlingame; -. 11. that the property owner shall be fesponsible for the maintenance of the public access trail and improvements adjacent to the subject property for the life of the project and shall be liable for any damage caused to the pubic for failure to maintain these facilities to a safe standard, and further that the property owner shall seek Bay Conservation and Development Commission apPfoval fOf redesigning the narrowest existing section of the trail and replacing and expanding the pavement in this area; 12. that the property owner shall install and maintain on a regular basis as prescribed by the city's NPDES inspector, petroleum filter pillows in all parking lot catch basins throughout the site, that all water used for washing cars on site shall be recycled by a method approved by the City Engineer, and that failure to install these systems within 90 days of approval of this use permit amendment or failure to maintain the effectiveness of these systems on an on-going basis shall cause this conditional use permit to be review by the Planning Commission; 13. that this approval shall expire in two years and all said uses on the site shall cease unless the applicant applies fOf a permit extension by January 20,2007, to be reviewed and approved by the Planning Commission; and 14. that any improvements for the use shall meet all California Building and Fire Code, 2001 edition as amended by the City of Burlingame. Catherine Barbef Planner - c: O. Mason Hurst, II, Alamo Rent-a-Car Mark Hudak, Carr, McClellan, Ingersoll, Thompson & Horn 4 - 28- ~ CARR McCLELLAN ~ INGERSOLL THOMPSON & HORN Professional Law Corporation Mark D. Hudak mhudak@cmithlaw.com Novembef 30, 2004 RECEIVED Margafet Monroe City Plannef City of Burlingame 501 Primrose Road Burlingame, CA 940] 0 DEe - 2 2004 CITY OF BURLINGAME PLANNING DEPT. Re: 778 Burlway Road Use Permit Extension Dear Ms. Monroe: Our office fepresents Vanguard Car Rental, USA ("Vanguard"), the parent company of National and Alamo car rental brands. In February 2003, the City Council approved a use permit fOf changed opefations at the car fental and service facility at 778 Burlway Road. The use pertnit is in effect fOf a two year period and fequires that an application fOf an extension be submitted by February 5,2005. Vanguard is applying fOf a two year extension on the same terms and conditions as the existing pemlit. In pfeparation fOf this request, I toured the facility and walked the adj acent Bay Tfail. The facility appears to be well-maintained and in compliance with the conditions set forth in the 2003 permit. The car fental office was femodeled and femains in opefation. The employee parking lot is established and is being used (there was unused capacity at the time of my visit). The remaining parking area for rental cars awaiting service and delivery appeared to be at less than 50% utilization. In sum, thefe was no parking issue observed. The Bay Tfail, adjacent landscaping, and benches are being maintained. Thefe are a few small areas where the pavement should be patched, and this will be done shortly. The 2003 permit asked that the company explore whethef the narrowest paved portion of the Bay Trail (behind the Maintenance Facility) could be expanded. To widen the path, the existing sea wall would have to be demolished and moved further into the Bay. . Our architect believes that. . the intrusion would be contrary to BCDC's goal of preserving the Bay and therefofe unacceptable; nonetheless, we have asked him to get a fesponse to this pfoposal from BCDC. 216 Park Road' Burlingame' California 94010 P 650.342.9600 F 650.342.7685 -29- www.carr-mcclellan.com Margaret Monroe November 30, 2004 Page 2 -. Vanguard's accounting department confirms that the annual fee of$36,500 (which is greater than 1 % of gross rental receipts) has been paid. The company is willing to continue this financial arrangement. As far as we know, thefe have been no complaints about the condition Of operation of the facility. If any issues have arisen, please let me know so that we can address them. The car fental business continues to be a challenge, since business travel has not feturned to pfe- September 11 levels. Vanguard has not been able to make long-term plans for this property. A two year extension of the use permit would allow the company to consider the fange of uses for ~'....the.property, includingfuDse under the ne'~v Ba)front Area SpeCific Pl8J."l. I am enclosing an application fee of $205 for the extension fequest. Please let me know if you need any further information from us. I look forward to having this matter placed on the Planning Commission's agenda at an early date. Thank you for your assistance. $,a4-. -. Mark D. Hudak cc: Clients -. BGLIB 1\1 237802. 1 -30- City of South San Francisco Planning Division 315 Maple Street, South San Francisco, CA 94080 (650) 877-8535 - i", ,,-, ;".1 '-;"'i!! ,"v"tril1f~'QL: pili /:'-\tl tLt.r;i:. tir~:t..!J '..11,.} d - '" R~<c ..()Oo\ ....... APPLICATION FOR APPEAL 1. What, specifically, is being appealed? Case No. PU06-0007. The Applicant, Vanguard Car Rental, USA, Inc. ("Vanguard") appeals the denial of its use permit application by the Planning Commission on April 6, 2006. The application pertains to the property at 1080 San Mateo Avenue (the "Pfoperty"). 2. What is the basis fOf your appeal? Include facts to support you appeal and all pertinent information. Vanguard is the parent company for National Car Rental and Alamo Rent-A-Car. Vanguard currently opefates a light maintenance facility for its rental car fleet in BUflingame. The history of this facility and changes affecting Vanguard's operations at San Francisco Airport ("SFO") are set forth in the attached letter dated March 30,2006. The plans submitted in connection with the application show that Vanguard will construct a new building with service bays for light maintenance of rental cars, a building for car washing, and a structure fOf fueling and vacuuming. An existing office building will be retained fOf administration of the activities to be performed on the Pfoperty. All of these activities are permitted in the M-1 zone. """" Staff determined that the primary use of the Pfoperty will be storage of fental cars and that the maintenance activities would be only a secondary use. The Planning Commission upheld this determination. n-The findings of the Planning Commission are not supported by the evidence pfesented at the hearing, including the following factofs: · Vanguard already leases sufficient parking spaces at San Francisco Airport. As part of its operational agreement with SPO, Vanguard is required to lease on-site parking spaces for its fental fleet. Vanguard leases about 2,000 spaces, mOfe than sufficient for its current and foreseeable uses. Vanguard has no need to leases off-site parking spaces. · Vanguard will spend substantial amounts to improve the Pfopertv for maintenance uses. Vanguard estimates that it will spend $2.75 - $3.25 million to construct the new buildings and structures fOf its maintenance uses. Capital improvements at this level would not be expected fOf a site primarily devoted to parking and stofage. This level of capital improvement indicates that the primary use will be maintenance. ?~ j BGLIBI\1290851.1 -32- · Vanguard will have about 35 employees at the Pfoperty. Vanguard will have about 35 employees working at the Property, performing maintenance and felated activities. lithe Property was going to be used primarily for stofage, thefe would be no need to have this number of employees. One Of two would suffice. · Vanguard has a proven operating history at Burlingame. Thefe was no need fOf anyone to speculate about the nature and extent of the activities that are proposed for the Property. Vanguard has been operating its maintenance facility in Burlingame for years. The nature of the activities being conducted thefe, and the number of cars on-site, could be easily verified by a visit to the Burlingame facility. Staff did not ask to inspect the Burlingame facility or the fecofds relating to its opefations. Had staff done so, they would have learned that cars are not stored on site (except fOf rental cars that are needed for the rental activities conducted thefe in accofdance with Burlingame's conditional use permit). Sevefal Commissionefs (and staff members) stated that they 'just did not believe" Vanguard. If there was any question regarding the nature of activities to be conducted, thefe was an objective, verifiable source of information and it should not have been ignofed by the Commissioners and staff. · Staffs calculation ofparking demand is unrealistic. As support for its determination that parking of rental cars was the primary proposed use, staff claimed that the amount of parking area pfoposed was more than would be required by municipal guidelines. 1 Staffs manipulation of parking fequirements to support its position is unfaif and unrealistic. First, staff calculates that, undef applicable guidelines, only 60 parking spaces would be required for the square footage of buildings proposed for the Pfoperty. That would not be sufficient fOf the proposed opefations. Vanguard would have about 35 employees, all of whom would be expected to park on-site, and would feserve at least five spaces fOf visitors. That would account fOf 40 spaces befofe any cars are brought in for maintenance. If Vanguard had come in with a proposal with only 60 pafking spaces, it would have been rejected fOf lack of parking. Second, staff s approach ignofes the way Vanguafd conducts its opefations. Whencars need maintenance,-they are shuttled tollie facility during off-peak:, non- commute hOUfS. They are staged at the facility, serviced, and then moved to a holding area until they can be shuttled back to SFO during later, non-commute hours. Staff concludes that holding the cars until they can be shuttled back at off-peak: times is "storage." To avoid that characterization, Vanguard could simply shuttle cars back as soon as they are serviced, but that would not be a sensible outcome for the City, commutefs, or Vanguard. · Maintenance is not an accessory use undef the Municipal Code. Staff contends, and the Commission found, that rental car storage is the primary use and maintenance is only an accessory use under Vanguard's proposal. That is opposite of the intent of the 1 Vanguard's Vice-President noted ironically at the hearing that this was the flIst time he had ever heard a project criticized for having too much parking. Usually, the criticism is that there will not be enough parking to support activities on a site. BGLIBI\1290851.1 -33- application and is not consistent with the definition of "accessory use" under the Municipal Code. An "accessory use" is defined in Section 20.06.050(d) as follows: - A use which (1) is subordinate to and serves a principal structure or a principal use; (2) is subordinate in area, extent and purpose to the principal structure or principal use served, occupying an area less than 30% of the principal structure or use, but excluding open storage; (3) is located on the same lot as the principal structure or use served except as otherwise expressly authorized by the provisions of this ordinance; and (4) is customarily incidental to the principal use. (emphasis added) Undef this definition, is fental car stofage the principal use Of the accessory use? Undef (1), the principal structures to be constructed on the Property will be fOf maintenance and service. Approximately $3 million in construction of maintenance and service structures are pfoposed, and no parking structure is proposed. Undef (2), the paved areas will take up mOfe than 30% of the entire Property, but open storage is expfessly excluded from the determination ofpefcentage of use. Undef (3), the staging and holding area is on the same lot as the maintenance activity. Under (4), a staging and holding area fOf cars awaiting service Of feturn to the fental facility is customarily incidental to a maintenance operation. The converse is not true: maintenance is not customarily incidental to a storage opefation, as storage could be conducted on any paved lot, without any buildings orothef operations. Undef the Municipal Code, it is abundantly clear that maintenance is the principal use pfoposed and that tempofary holding of cars is mefely incidental to those operations. The finding by the Commission that stofage is the primary use is legally indefensible. - 3. If you are the original applicant, submitted thirty-five (35) feduced copies of all exhibits (maps, plans, elevations, etc.) which were submitted with the original application. Attached. 4. Filing Fee. A filing fee of$475.00 is enclosed. Date: April 20, 2006. ~/7A/ ~I/./. I .(Mark D. Hudak '" Carr, McClellan, Ingersoll, Thompson & Horn, PLC. 216 Park Road Burlingame, CA 94010 (650) 342-9600 Attorneys for Applicant Vanguard Car Rental USA, Inc. Name: ....... BGLIB 1\1290851.1 -34- Staff Report AGENDA ITEM #7 DATE: May 24, 2006 TO: Honofable Mayof and City Council FROM: Marty Van Duyn, Assistant City Managef 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 OF A THREE-STORY THIRTEEN (13) UNIT RESIDENTIAL CONDOMINIUM BUILDING WITH THIRTY (30) PARKING SPACES AND LANDSCAPING, IN ACCORDANCE WITH SSFMC CHAPTER 20.85. 90 Oak Avenue (APNs 011-313-070, 080 & 090) Patrick Doherty P06-0016 (SA06-0001, DB06-0001, AHA06- 0001, DR06-0015 & MND 01-054) Mitigated Negative Declaration assessing environmental impacts of a new fifteen (15) unit apartment building, pfeviously approved by the City Council on May 26, 2002. Address: Owner & Applicant: Case Nos.: RECOMMENDATION That the City Council follow the Planning Commission recommendation and adopt the attached resolution approving 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) Mfordable 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, including the required findings and the conditions of approval. Staff Report Subj ect: 90 Oak Residential Condominiums Page 2 of6 BACKGROUND / DISCUSSION The original project was appfoved by the City Council on May 26, 2002. As originally approved by the City Council, the proj ect included demolition of the existing dwelling and the construction of a three- story fifteen (15) unit apartment building. Three (3) of the dwellings wefe fequifed to be festricted as affofdable units. Parking was pfovided in an at-grade and in a small subterranean garage. The site is adjacent to othef dwellings and a fe1igious assembly hall. The pfoject also necessitated a fezoning from Medium Density Residential (R-2) to the Multi-Family Residential (R-3) Zoning district to bring it into compliance with the adopted Genefal Plan Land use designation of High Density Residential. A Density Bonus was also approved allowing three (3) additional dwellings. Proposed 2006 Development The pfoposed development is essentially the same design as the appfoved 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 undefground garage that served to provide a portion of the fequired 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 was necessitated by the placement of the trunk sewef line in the middle of the property. A small meeting room has been provided as an amenity for the future homeownef's association. PLANNING COMMISSION The pfoposed development was feviewed by the Planning Commission at its meetings of April 20, and May 4, 2006. At the April 20th meeting the Commissionefs fecommended aPEroval of the development, but difected that the applicant feturn to the Commission meeting of May 4 to allow the feview of a co10fed fendering ofthe building and the exteriof materials and COIOf board. At the meeting of May 4th, the Commissionefs fecommended appfoval ofthe proposed exteriof materials and COIOfS. GENERAL PLAN AND ZONING The project site's Genefal Plan Land Use designation, High Density Residential, allows multi-family development fegardless of the form of ownership. The project complies with the Genefal Plan goals and policies. The pfoposed condominiums are consistent with the Multi-Family Residential (R-3) Zone District. Staff Report Subj ect: 90 Oak Residential Condominiums Page 3 of6 The building complies with current City development standards as feflected in the following table: DEVELOPMENT STANDARDS Total Site Area: 0.41 aCfes [17,815 SF] Height Maximum: 50FT Proposed: 35 FT Density Maximum: 37.5 DulAc Pfoposed: 31.8 DulAc Lot Covefage: Maximum: 60% Proposed: 60% Landscaping: Minimum: 10% Proposed: 10% Parking Minimum: 30 Pfoposed: 30 Setbacks Ffont Minimum: 20FT Proposed: 15 FT North Minimum: 5FT Proposed: 5FT South Minimum: 5FT Proposed: 5FT Rear Minimum: 20FT Proposed: 20FT Notes: The project includes three (3) affordable dwellings units. Maximum Base Density (not including density bonus) is thirty (30) dwelling units per net acre. Parking rate 2.25 spaces/Dwelling. Density Bonus The maximum base density of the High Density Residential Zoning District (R-3) is thirty (30) dwelling units pef net aCfe. Based on a site area of 0.41 aCfes [17,815 SF] the maximum base density is twelve (12) dwellings. The applicant is proposing a nine pefcent (9%) density bonus to provide three (3) affofdable dwellings vefSUS 2.4 dwelling units, as required by the SSFMC Chaptef 20.125 "Inc1usionary Housing Requirements". The proposed density bonus meets both local (SSFMC Chaptef 20.130) and State fequirements (AB 1818) necessitating eithef a bonus Of othef financial offsets. State law now fequifes that in ofdef to qualify fOf a density bonus, fesidential condominium developefs must festrict a minimum of ten pefcent (10%) of the proposed development as affofdable dwellings to persons of moderate income. The local agency is required to consider granting the developer a density bonus of one pefcent (1 %) for every percentage point above the ten percent (10%) minimum. In this case the developer would be entitled to up to an eighteen pefcent (18%) bonus, as the twenty-three percent (23%) affordable dwellings provided as a part ofthe AHA are thirteen percent (13%) above the threshold. The available density bonus for such developments was pfeviously set by State law at a maximum of ten pefcent (10%). The new amendments, howevef, decfease the minimum bonus to five percent (5%), but Staff Report Subject: 90 Oak Residential Condominiums Page 4 of6 incfease the maximum bonus available to thirty-five (35%). A development, thefefofe, can feceive a thirty-five pefcent (35%) density bonus fOf setting aside forty pefcent (40%) of the units fOf modefate income families, whefeas a maximum ten pefcent (10%) bonus was pfeviously available fOf setting aside twenty pefcent (20%) of the units. City staff fecommends granting the nine pefcent (9%) density bonus, since the development complies with this provision of State law and the City gains an additional affofdable unit. This action will assist the City in meeting its fair share housing allocation. In accofdance with local ofdinance, SSFMC Chaptef 20.130, a density bonus of twenty-five percent (25%) was pfeviously granted in association with the fifteen (15) unit apartment building. A new bonus must be authorized because the development is now to be fesidential condominiums. The Genefal Plan allows base densities to be incfeased up to thirty-seven and one-half (37.5) dwelling units pef net acre provided that the housing meets City design standards and development fequirements specified in the SSFMC. SSFMC Chaptef 20.69 was pfeviously amended, with the project, to allow density bonuses whefe the City deems it appfopriate and consistent with the Genefal Plan. Allowing the density bonus fOf one mOfe dwelling is consistent with the maximum permitted density undef the Genefal Plan. Affordable Housing Agreement The proposed development is obligated to provide twenty pefcent (20%) of the proposed dwellings as affofdable to low and modefate income households Of a minimum of 2.4 dwellings (SSFMC 20.125). The base maximum density allowed fOf the project site would be twelve (12) dwellings. The applicant is proposing to construct thirteen (13) dwellings. The applicant has agreed to festrict three (3) units of the pfoposed dwellings to fulfill the affofdable housing obligation. The Affordable Housing Agreement complies with the SSFMC fequirements including identification of the specific dwelling units to be income festricted. HISTORIC PRESERVATION The pfoject necessitated the demolition of a single family dwelling, which accofding to the City's Historic Survey, was identified as a Potential Historic Resource. As provided in SSFMC, demolition of a Potential Historic Structure fequifes feview by the Historic pfeservation Commission. The Historic pfeservation Commission reviewed the development at its 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 Resource and that the City should consider moving the structure to Orange Park for reuse. The applicant offered the building to anyone, including the City, for femoval to, and reuse at, another site. No offefs were made. Therefofe, the former condition of approval fequiring the ownef to make the property available fOf feuse has been removed. The applicant has demolished the structure. Staff Report Subject: 90 Oak Residential Condominiums Page 5 of6 TENTATNE SUBDNISION MAP A Tentative Subdivision Map is fequired to Cfeate the thirteen (13) fesidential condominiums and common area. The Draft Covenants, Conditions and Restrictions, associated with the proposed condominiums, have been favofably feviewed by the City Engineef and the City Attorney. The proposed Tentative Subdivision Map complies with the Genefal Plan and the provisions of SSFMC Title 19 Subdivisions and Title 20 Zoning. No dedications are fequifed. Conditions of approval are fecommended to ensure that the Final Subdivision Map substantially conforms to the Tentative Subdivision Map. DESIGN REVIEW BOARD The pfoject was feviewed by the Design Review Board at its meeting of March 21,2006. At the meeting the Board fecommended appfoval of the plans. ENVIRONMENTAL DOCUMENT A Mitigated Negative Declaration (MND) was previously approved by the City Council on May 26, 2002. No public comments wefe feceived. In City staffs opinion, the impacts associated with the proposed development are adequately addressed by the pfeviously approved MND. The development has two less dwellings and will consequently have less advefse effects on the surrounding developments and local area. The key impacts are storm watef drainage, flooding, felocation of a sewef line, and construction impacts. Mitigation measures wefe adopted to feduce impacts to a level less than significant. The mitigation measures include, but are not limited to, implementing a storm watef pollution pfevention plan, elevating the site so that it is not in the flood plain, implementation of the soils fepOrt fecommendations in the construction plans, and implementing a construction plan to suppress dust and minimize noise. Implementation of the mitigation measures will feduce these impacts a less than a significant level. In accofdance with the California Environmental Quality Act, no furthef considefation of the environmental effects is fequifed by the City Council. CONCLUSION/RECOMMENDATION: The subdivision of the site and the construction of a building containing thirteen (13) fesidential condominiums are consistent with the City's General Plan, with the Zoning and Subdivision Codes and all other applicable requirements of the City's Municipal Code. Therefofe, City staff recommends that the City Council follow the Planning Commission fecommendation and adopt the attached resolution approving 1) Tentative Subdivision Map allowing thirteen (13) residential condominiums and common area; 2) Density Bonus of nine pefcent (9%) allowing an additional dwelling unit; 3) Affordable Housing Agreement requiring three (3) dwelling units to be restricted as affordable dwellings; and 4) Staff Report Subject: 90 Oak Residential Condominiums Page 6 of6 Design Review allowing fOf the construction a three-story thirteen (13) unit fesidential condominium building with thirty (30) parking spaces, including the requifed findings and the conditions of appfoval. By: ~-Jj Marty VanDuyn Assistant City Manager - ~By: ) ATTACHMENTS: Dfaft City Council Resolution Planning Commission Resolution Dfaft Conditions of Appfoval Planning Commission Minutes April 20, 2006 May 4, 2006 (Draft) Design Review Board Minutes of March 21,2006 Dfaft Affofdable Housing Agreement Dfaft CC&R's Planning Commission Staff Report Apri120, 2006 Mitigated Negative Declaration (previously adopted by the City Council will be available at the Planning Commission meeting and is available at City Hall Permit Center) Plans 15 Apartments Approved by City Council Proposed Condominiums RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO APPROVING A TENTATIVE SUBDIVISION MAP, A DENSITY BONUS, AN AFFORDABLE HOUSING AGREEMENT AND A DESIGN REVIEW ON A 0.41 ACRE SITE SITUATED AT 90 OAK AVENUE. WHEREAS, the South San Francisco Planning Commission held a duly noticed public hearings on April 20, 2006 and May 4, 2006; and WHEREAS, as fequired by the "Amendment Procedures" (SSFMC Chapter 20.87), and Title 19 (Subdivision Ordinance), the City Council, 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 pfepared by the City of South San Francisco; Architectural and Landscape Plans, dated July 20,2005, pfepared by Anthony M. Bfandi, Architect; Civil Drawings pfepared 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 StafffepOrtS; the April 20, 2006 and May 4, 2006, Planning Commission meetings; City Council staff reports; and the City Council meeting of May 24,2006, makes the following findings in support of Tentative Subdivision Map, Density Bonus, and Affofdable Housing Agreement with provisions fOf Affordable Housing allowing a thirteen (13) unit fesidential condominium building on a 0.41 acre site located at 90 Oak Avenue, owned by Patrick Doherty: 1. The pfoject is consistent with the pfovisions of the City's Genefal Plan that support fesidential development, and specifically with the Housing Element fegarding the development of additional market fate and affofdable housing in the community to meet on-going demand. The proposed density of 31.8 units per acre fOf the 0.41 acres to be developed with dwellings is well within the overall density of 37.5 units per acre fOf the High Density Residential category provided in the City's General Plan with the density incfease permitted by the Genefal Plan. 2. The 0.41 aCfe site is physically suited fOf the proposed single-family subdivision. 3. The development will Cfeate a fesidential environment of sustained desirability and stability and will result in an intensity ofland use similar to adjacent multi-family and single-family neighbofhoods. The proposed density of 31.8 units pef aCfe and the general style and quality of the new fesidences and site improvements is substantially similar to recently appfoved subdivisions in the City. - 1- 5. A Mitigated Negative Declaration has been previously appfoved by the City Council on May 26,2005 fOf the project in accordance with the pfovisions of the California Environmental Quality Act (CEQA). Mitigated Negative Declaration 01-54, adopted by the City Council on May 26, 2002, identifies several potential advefse impacts attributable to the development of the thirteen (13) new fesidences. The impacts can be feduced to a less than significant level through the implementation of mitigation measures. A Mitigation Monitoring Program is established to enSUfe that impacts are feduced to a less than significant level. Mitigation measures, including a mitigation monitoring program, have been incorpofated 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 advefse to the public health, safety, or genefal welfare of the community, nor unreasonably detrimental to surrounding properties or improvements. The use is compatible with the existing uses. Site improvements including the pfovision of upgrades to the public infrastructure, and landscaping the yards, will feduce potential advefse impacts to the public infrastructure, feduce circulation conflicts and pfovide a streetscape that is comparable to the surrounding neighbofhoods. 7. The thirteen (13) new fesidential condominiums, thirty (30) on-site parking spaces and site landscaping comply with the City's Design Guidelines. 8. The fesidences comply with the applicable community design guidelines established in the South San Ffancisco Municipal Code Sections 20.68 through 20.74. The design and impfovements are not in conflict with any known existing public easements. NOW, THEREFORE, BE IT RESOLVED that the South San Ffancisco City Council hereby approves Tentative Subdivision Map 06-0001, Density Bonus 06-0001, the Affofdable Housing Agreement 06-0001 and Design Review 06-0015 subject to the Conditions of Approval contained in Exhibit B. BE IT FURTHER RESOLVED that the fesolution shall become effective immediately upon its passage and adoption. * * * * * * * -2- I hefeby certify that the fOfegoing fesolution was adopted by the City Council of the City of South San Francisco at the fegular meeting held on the day of 2006 by the following vote: AYES: NOES: ABSTENTIONS: ABSENT: Attest: City Clerk -3- RESOLUTION NO. 2652-2006 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 SUBDMSION 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 Chaptef 20.87), and Title 19 (Subdivision 0fdinance), 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 Affofdable Housing Agreement prepared by the City of South San Ffancisco; 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 pfeviously adopted by the City Council on May 26, 2002; minutes of the Design Review Board meeting of March 21, 2006; Planning Commission stafffeports; and the April 20, 2006, Planning Commission meeting, makes the following findings in support of Tentative Subdivision Map, Density Bonus, and Affofdable Housing Agreement with provisions for Affofdable Housing allowing a thirteen (13) unit residential condominium building ona 0.41 aCfe site located at 90 Oak Avenue, owned by Patrick Doherty: 1. The project is consistent with the provisions of the City's Genefal Plan that support fesidential development, and specifically with the Housing Element fegarding the development of additional market fate and affofdable housing in the community to meet on-going demand. The proposed density of 31.8 units per acre for the 0.41acfes to be developed with dwellings is well within the ovefall density of 37.5 units pef aCfe fOf the High Density Residential category pfovided in the City's General Plan with the density incfease permitted by the Genefal Plan. 2. The 0.41 acre site is physically suited for the proposed single-family subdivision. 3. The development will create a fesidential environment of sustained desirability and stability and will fesult 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 genefal style and quality of the new residences and site improvements is substantially similar to fecently appfoved subdivisions in the City. . 5. A Mitigated Negative Declaration has been previously apPfoved by the City Council on May 26, 2005 for the project in accordance with the provisions of the California Environmental Quality Act (CEQA). Mitigated Negative Declaration 01-54, adopted by the City Council on May 26, 2002, identifies several potential advefse impacts attributable to the development of the thirteen (13 - 4 -v residences. The impacts can be feduced to a less than significant level through the implementation of mitigation measures. A Mitigation Monitoring Pfogram is established to ensure that impacts are reduced to a less than significant level. Mitigation measures, including a mitigation monitoring pfogfam, 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, Of general welfare of the community, nor unreasonably detrimental to surrounding pfoperties Of impfovements. The use is compatible with the existing uses. Site impfovements including the provision of upgrades to the public infrastructure, and landscaping the yards, will feduce potential adverse impacts to the public infrastructure, reduce cifculation conflicts and pfovide a streetscape that is comparable to the surrounding neighborhoods. 7. The thirteen (13) new fesidential condominiums, thirty (30) on-site parking spaces and site landscaping comply with the City's Design Guidelines. 8. The fesidences comply with the applicable community design guidelines established in the South San Francisco Municipal Code Sections 20.68 through 20.74. The design and impfovements are not in conflict with any known existing public easements. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hefeby recommends that the South San Ffancisco City Council approve Tentative Subdivision Map 06-0001, Density Bonus 06-0000000, the Affofdable Housing Agreement 06-0001 and Design Review 06-0015 subject to the Conditions of AppfOVal contained in Exhibit B. BE IT FURTHER RESOLVED that the fesolution shall become effective immediately upon its passage and adoption. * * * * * * * -5- I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City of South San Francisco at the regular meeting held on the 20th of April. 2006 by the following vote: AYES: Commissioner Giusti, Commissioner Prouty, Vice Chairperson Honan and Chairperson Zemke NOES: ABSTAIN: ABSENT: Commissioner Romero, Commissioner Sim and Commissioner Teglia AITEST: -6- PROPOSED CONDITIONS OF APPROVAL 90 OAK AVENUE CONDOMINIUMS SA06-0001, DR 06-0015, DB06-0001 & AHA06-0001 (As recommended by the Planning Commission 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 apPfoved plans, as amended by the conditions of approval including the plans pfepared Anthony M. Brandi Architect, dated July 20, 2005, and Civil Plans, pfepared 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 of24 inch box and 15% of the total numbef of proposed trees shall be a minimum size of36 inch box. The landscape plan shall be subject to the feview and approval by the City's ChiefPlannef. 4. PriOf to the issuance of the Building Permit, the Final Subdivision Map including the CC&R's shall be fecofded with the San Mateo County Recorder's Office. The applicant shall provide a fecofd with the City Engineer. 5. The ownef 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. PriOf to the issuance of the Building Permit the owner shall meet with the City's Park and Recfeation Director and develop a Parks and Recfeation Fee Plan in-lieu of parkland dedication in accofdance 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 feview 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 appfoval of the City's Chief Planner. 8. Prior to completion of the building or sale of the property, the applicant shall complete the Affofdable Housing Agreement (AHA). The Final AHA shall be -7- subject to the review and approval of the City's Housing Managef and City Attorney. (planning Contact: Steve Carlson, Senior Planner, 650/877-8353, Fax 650/829-6639) 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 fOf Subdivisions and Private Developments" booklet dated January 1998. This booklet is available in our office at no cost to the applicant. 2. The developef shall design, construct and install: new curb, gutter, sidewalk, driveway approach and pavement overlay/conform to the street centerline (if necessary) within Oak A venue, in front of the subject property. Plans fOf these improvements shall be pfepared by the developer's civil engineering consultant and submitted to the Engineering Division fOf feview and approval. The frontage improvement wOfk shall be constructed at no cost to the City and in accofdance with the approved plans, to the satisfaction of the City's Engineering Construction Coofdinator and pursuant to the terms of a secured encroachment permit, to be obtained prior to feceiving a building permit fOf the pfoject. 3. The developef shall design a storm drainage system fOf the project that will drain the entire site, without flowing onto adjacent private pfoperty. The on-site dfainage system shall connect directly to the existing public drainage facilities located within Oak Avenue. The dfainage system shall incorpofate storm watef filters, meeting the fequirements of the San Mateo County Best Management pfactices for private developments. The plans for these improvements shall be prepared by the developef's civil engineering consultant and submitted to the Engineering and Watef Quality Control Divisions fOf feview 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 flOOf faiSed above the 100-year flood elevation. The proposed underground garage may need special flood-proofing and dfainage 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 & Dfainage, Landscaping and Utility Plans, in accofdance with the Engineering -8- 7. Division's "Typical Plan Check Submittals" fequirements hand-out sheet. 8. There is an existing City 10" diameter sanitary sewer main, which crosses the subject property and must be felocated befofe the proposed apartment can be 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 pfoposed Sewer Relocation plan, dated February 20, 2002, pfepared by BKF Civil Engineers, showing a new sewef main installed within Oak Avenue and Commercial Avenue. The main would connect with an existing manhole in front of 90 Oak Avenue, flow North to Commercial Avenue, then East along Commefcial, 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 sewef within Commercial Avenue. The existing old sewer shall be femoved and feplaced with the new 10" sewer main and any existing laterals feconnected to the new line. b) Because of the existing number of utility cuts in the street and the impact of the new sewer installation, the applicant shall also ovef-Iay the portion of Commercial Avenue, between Oak Avenue and the East side of Daly Court with 1.5 inches of Class A asphaltic concfete. c) The applicants shall have theif civil engineef prepare plans and specifications to perform this wOfk. The plans and specifications shall be submitted to the City Engineer fOf feview and approval. The applicant shall install the new sewer main, in accofdance with the appfoved plans and to City standards. d) PriOf to feceiving a building permit fOf the apartment, the applicant shall obtain an encroachment permit Of public improvement agreement, secured by cash, a lettef of credit, or surety bond in the amount of the Engineer's Estimate to perform the wOfk, as approved by the City Engineer. Alternately, the applicant may install a new 12" sewef 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 engineef 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 of Colma and from future development in South San Ffancisco within the drainage basin that discharges into the Mission Road main. Conditions 7c and 7d discussed above would apply to this solution to the sewef relocation requirement. (Engineering Contact: Michelle Bocalan, 650/829-6652) - 9- C. POLICE DEPARTMENT: A. Municipal Code Compliance The applicant shall comply with the provisions of Chapter 15.48 of the Municipal Code, "Minimum Building Security Standards" Ofdinance fevised May 1995. The Police Department feserves the right to make additional security and safety conditions, if necessary, upon feceipt of detailed/fevised building plans. B. DOOfS ExteriOf DOOfS 1. Exterior doors and dOOfS leading from garage areas into single-family dwellings shall be of solid COfe with a minimum thickness of one and three-fourths inch. 2. ExteriOf doors fOf 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 fetracted by a single action of the inside doorknob. Alternate devices equally fesistant to illegal entry may be substituted subject to priOf approval of the police department. Strike plates shall be secured to wooden jambs with at least two and one-half inch wood SCfews. (Refef to subsection (a) (1) (H) of this section.) 3. DOOfS 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)(l)(B) of this section. 4. Vision panels in exterior dOOfS Of within feach of the inside activating device must be of burglary fesistant glazing Of equivalent as appfoved by the police department. 5. Openings for delivery of mail will be allowed and those openings shall be no largef than twenty-four square inches. Openings located within three feet of any locking device shall be constructed to pfohibit access to the interiOf dOOfknob. 6. Exteriof doors swinging out shall have non-femovable hinge pins or hinges with studs. 7. Exteriof doors swinging in shall have rabbeted jambs. 8. Door frames shall be installed Of pfotected to pfevent violation of the function of the strike. a. Door jambs shall be installed with solid backing in such a mannef that no voids exist between the strike side of the jamb and the frame opening fOf a vertical distance of six inches each side of the strike. -10- b. In wood framing, horizontal blocking shall be placed between studs at dOOf lock height fOf three stud spaces each side of the dOOf openings. Trimmers shall be full length from the header to the flOOf with solid backing against sole plates. c. The strike plate for deadbolts on all wood-framed dOOfS shall be constructed of minimum sixteen U.S. gauge steel, bronze orbfass 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 dOOfS, the active leaf shall be secured with the type lock fequired fOf 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 interviewef Of peephole shall be pfovided in each main entry dOOf and shall allow fOf one hundred eighty degree vision. Sliding Patio DOOfS Sliding patio type dOOfS opening onto patios Of 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 mannef that the vertical play is taken up to pfevent lifting with a pry tool to defeat the locking mechanism. 2. Deadlocks shall be provided on all single sliding patio doors. Mounting SCfews fOf the lock cases shall be inaccessible from the outside. Lock Of hook bolts shall be hardened steel or have hardened steel inserts and shall be capable of withstanding a fOfce of eight hundred pounds applied in any horizontal direction. The lock Of hook bolt shall engage the strike sufficiently to pfevent its being disengaged by any possible movement of the dOOf within the space Of clearances necessary for installation and opefation. The strike area shall be reinfofced to maintain effectiveness of bolt strength. 3. In addition to the primary locking device, auxiliary Of secondary locking devices shall be provided on all accessible sliding-glass dOOfS. 4. Double sliding patio doors shall be locked at the meeting fail and meet the locking fequifements of subsection ( a) (2) (B) of this section. -11- C. Windows 1. A window, skylight or other natural light source forming a part of the enclosure of a dwelling unit shall be constructed, installed, and secured as set forth in subsection (b) (2) of this section when such window, skylight or light source is not mOfe than twelve feet above the ground of a street, roadway, yard, court, passageway, COrridOf, balcony, patio, bfeezeway or any portion of the building which is available fOf use by the public Of otherwise tenants, Of similar area. A window enclosing a private garage, with an interiof 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 pfevent lifting of the movable section to defeat the locking mechanism. b. Window locking devices shall be capable of withstanding a fOfce of two hundfed pounds applied in any difection. c. Louvefed glass windows shall not be used. d. Accessible windows that open should be equipped with secondary locking devices. D. Garages: Overhead garage dOOfS shall be provided with a locking device Of automatic dOOf openef and shall not have bottom vents except those doors having double louvefed or shielded vents Of appfoved alternate devices to protect the locking mechanism. Garages shall be used to storage vehicles and limited automotive supplies only. Garages shall not be used fOf human inhabitation at any time. E. Keying Requifements: Upon occupancy by the owner each single unit in a tract constructed under the same genefal plan shall have locks using combinations, which are interchange free from locks used in all other separate dwellings. F. Numbering: All fesidential dwellings shall display a street number in a prominent location on the street side of the residence in such a position that the numbef is easily visible to appfoaching emergency vehicles. The numerals shall be no less than three inches in height and shall be of a contrasting COIOf 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 naturalladdef fOf -12- unauthorized foof access. H. Emergency Vehicle Access: Emefgency vehicles must be able to access all areas of the complex, either fOf medical Of police emergencies. Low curbs and Of camouflaged driveways using Turf-Block may be used. (police Department contact: Sergeant Alan Normandy 650/877-8927) 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 fequifed dimensions. 3. Doors at grade level encroach into exit paths. 4. Additional comments at plan feview. (Building Division contact: Jim Kirkman 650/829-6670) E. WATER QUALITY DIVISION: 1. A plan showing the location of all storm dfains and sanitary sewers must be submitted. 2. The onsite catch basins are to be stenciled with the approved San Mateo Countywide Stormwatef Logo. 3. Storm watef pollution pfeventions devices are to be installed. A combination of landscape based controls (e.g., vegetated swales, biofetention areas, plantef/tree boxes, and ponds) and manufactured controls (vault based separators, vault based media filters, and othef removal devices) are pfeferred. Existing catch basins are to be fetrofitted with catch basin inserts Of equivalent. These devices must be shown on the plans priOf to the issuance of a permit. CDS Of Stormceptof 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 Of Stormceptor unit: swales, detention basins, media (sand) filters, biofetention areas, Of vegetated buffef strips. 4. The applicant must submit a signed maintenance schedule for the stormwater pollution prevention devices installed. -13- 5. Applicant must complete the Project Applicant Checklist priOf to issuance of a permit and return to the Environmental Compliance Coofdinatof at the WQCP. -14- 6. Plans must include location of concrete wash out area and location of entrance/outlet of tire wash. 7. A Gfading and Dfainage Plan must be submitted. 8. An Erosion and Sediment Contfol Plan must be submitted. 9. Tfash handling area must be covered, enclosed and must drain to sanitary sewer. This must be shown on the plans priOf 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 priOf 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 pef unit. (Water Quality contact: Cassie Prudhel 650/877-8634) -15- Planning Commission Meeting of April 20, 2006 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 20.8S. Public Hearing opened. Senior Planner Carlson presented the staff report. Tom Perkins, Dudley Perkins, noted that he is looking forward to opening their dealership in South San Francisco. He added that the staff report notes that the business is a Monday through Saturday operation but will also be opened on Sundays. Commissioner Prouty asked if there were any issues with the neighborhood due to noise at their current location. Mr. Perkins noted that there is potential for a large amount of noise but they educate their employees and customers to be respectful of the neighbors. He pointed out that the BCDC application has been submitted. Public Hearing closed. Commissioner Prouty asked if the applicant has agreed to all the Conditions of Approval. Mr. Perkins noted that they are in accordance with the conditions and are negotiating with Assistant City Manager Van Duyn with regard to fees. He noted that the amount of the development fees were an unexpected surprise and it would be a substantial hardship on their business. He pointed out that they have talked to the Assistant City Manager Van Duyn to see how they can mitigate the impact. He pointed out that the conditions with regards to upgrades of the land and the building will be met. Assistant City Manager Van Duyn noted that the fees will not be waived and are obligations that must be met. He noted that there are no negotiations as to the amounts and the necessity for the fees to be paid. He pointed out that the city has encouraged the applicant to come into the city. He pointed out that they are looking at some ability to offset the fees with Redevelopment Agency activities. He reassured the Commission that this does not pay the fee directly nor is it a failure to obligate the applicant to pay the fees. He noted that the Redevelopment Agency will work to negotiate a fee that over time will be met and will be easier for the applicant to pay. Vice Chairperson Honan asked why the entry gate would be 12 feet tall. Mr. Perkins noted that there has been a rash of motorcycle facility break-ins with a large dollar amount of inventory lost. He pointed out that it is an architectural, wrought iron gate, with a stucco wall. Motion Honan / Second Prouty to approve POS-010S: UPOS-0022 & DROS-Q061. Approved by majority voice vote. Absent - Commissioner Romero, Commissioner Sim and Commissioner Teglia 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 20.8S 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. Public Hearing opened. S:\MLVl.utes\O-+-.:u>-O(, RPC MLv>-utes./iloc -16- p~ge -+ ofT Planning Commission Meeting of April 20, 2006 Senior Planner Carlson presented the staff report. Patrick Doherty, owner, was available for questions. Public Hearing closed. Vice Chairperson Honan questioned if the affordable housing was going to be on site, to which staff replied affirmatively. Commissioner Prouty pointed out that architectural drawings are not included in the packet and wondered if there was going to be any articulation or if the Design Review Board had any comments. Mr. Doherty noted that the DRB had no comments and that the design is the same one that was approved by the DRB and Planning Commission previously in 2002. Chairperson Zemke and Mr. Doherty discussed the materials on the building. Commissioner Prouty asked if the colors and materials board was available. He pointed out that there is a historic building on the site and asked if any effort was made to save it. Mr. Doherty noted that there has not been any interest in from individuals to save the structure. Mr. Doherty noted that the building has been abandoned and does not see that it can be moved or saved because of its dilapidated condition. Commissioner Giusti noted that she had been inside the house and it is full of mold. Senior Planner Carlson stated that the materials board is from the previous project approval and that file is in the office. Vice Chairperson Honan asked what the parking requirements are for the project. Senior Planner Carlson noted that it is 2.25 spaces per dwelling. He added that the parking would be on the ground floor, under the building with two visitor parking spaces on the adjacent street. Vice Chairperson Honan noted that she vaguely remembers the original project. She stated that when the application lacks information, the Commission deems it unacceptable. Senior Planner Carlson noted that the Commission can add a condition of approval requiring that they review and approve the materials and color board prior to start of construction. Commissioner Prouty preferred to continue the project to the next meeting. Senior Planner Carlson noted that the applicant has some time constraints with regard to building permits. Mr. Doherty noted that the permit has been extended several times and the last extension is expiring, which poses a problem for him. Senior Planner Carlson noted that if the permit expires the applicant will need to meet the current UBC requirements which will cause him to have to change the building and will result in a recalculation of the fees. He suggested returning with the material to the Commission prior to having it go to Council, which will allow the Commission to convey their concerns to Council. Chairperson Zemke noted that he would like to be sensitive to the needs of the Commission and prefers not to give the applicant more hardships. Motion Prouty / Second Honan adopting resolution 2652-2006 recommending that the City Council approve P06-D016: DR06-0015 & SA06-0001 and directing the applicant to return with the material and colors board on May 4, 2006. Approved by majority voice vote. Absent - Commissioner Romero, Commissioner Sim and Commissioner Teglia 8. Lowe's HIW, IncJappllcant Project 101 Associates/owner 600-790 Dubuque Avenue P05-0097: EIR05-0002 -17- Ptlge 5 ofT S:\MLl'\.Utes\04-:20-0,," RPC MWl.utes.ctoc Planning Commission Meeting of May 4,2006 Georgia Pacific Corporation/Owner James H. Richardson/Applicant 249 East Grand Ave. P05-0019: DR05-0043, EIR05-0001, PM05-0002, PUD05-0001, SIGNS06-0008, TDM05-0001 & UP05-0005 Use Permit, Design Review and Preliminary TDM Plan to construct a phased development consisting of four office/R&D buildings totaling approximately 534,500 SF, 5,500 SF of ancillary commercial space, and related landscaping improvements on a 15.75 acre site; Tentative Parcel Map to resubdivide a 15.75 acre lot into 5 parcels with reciprocal parking and access easements throughout, and a Planned Unit Development to allow creation of lots which do not abut a dedicated public street; Type C Sign Permit for a comprehensive sign program; and, request for a Development Agreement ADMINISTRATIVE BUSINESS 4. Cityview Marbella 280, LLP/Owner Watt Communities/Applicant Gellert Boulevard P05-0115; DR06-0041 Confirmation of the Acting Chief Planners approval of the color samples and roof materials for South City Lights (formerly Marbella) at 2280 Gellert Blvd in the Multi-Family Residential (R-3-L) Zone District. s. PatrickDoherty/ Applicant PatrickDoherty/Owner P06-0016: SA06-0001, AHA06-0001, DB06-0001 & DR06-D015 Review exterior color and materials board. Senior Planner Carlson presented the staff report. Commissioner Teglia noted that the block wall on the materials board looks darker compared to the rendition. Senior Planner Carlson replied that the colors on the rendition were increased to look closer to the real thing. Consensus of the Commission on the color and materials board. 6. Appointment of members to joint City Council I Planning Commission Subcommittee related to the Fairfield Project. Chairperson Zemke noted that at the last Planning Commission meeting a subcommittee for Fairfield was formed and since then there has been some confusion. He opened the item for discussion by the Commission. Vice Chairperson Honan noted that she had been on the previous subcommittee. She felt that as Commissioner Romero was on the previously appinted subcommittee and was appointed on April 20, 2006, she too would like to be on the subcommittee because she and Commissioner Romero could bring some history to the project. Commissioner Teglia noted that he has diligently been pressuring for this opportunity and would like to be on the Subcommittee. s:\M~""",te5\05-04-0b RPC M~""utes.cloc -18- P&!ge ::2 of 3 DRB Agenda March 21, 2006 Page 3 of9 6. 7. 8. ESTIMATED TIME OWNER APPLICANT ADDRESS PROJECT NUMBER PROJECT NAME First Baptist Church of SSF First Baptist Church of SSF 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 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 OWNER APPLICANT ADDRESS PROJECT NUMBER PROJECT NAME EI Camino Enterprises, LLC SLSD / Vincent Tsoi 1015 EI Camino Real P04-0130 & DR06-0027 EI 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 EI 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 alternating pattern. -19- RECORDING REQUESTED BY: DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT CITY OF SOUTH SAN FRANCISCO 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA 94080 WHEN RECORDED MAIL TO: DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT CITY OF SOUTH SAN FRANCISCO 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA 94080 Documentary Transfer Tax $ EXEMPT County of San Mateo City of South San Francisco ~ Right of Way Agent AFFORDABLE HOUSING AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND DOHERTY PAINTING & CONSTUCTION This Agreement is entered into this _day of , 200-, by and between the City of South San Francisco ("City"), and Doherty Painting & Construction, Inc. ("Developer") as a condition of approval of the development of the real property described in Exhibit A attached hereto (the "Project Property"). RECITALS WHEREAS, Chapter 20.125 of the South San Francisco Municipal Code sets forth the requirements for Inc1usionary Housing ("Inc1usionary Housing Ordinance"); and WHEREAS, the Developer is planning to construct condominiums on the Project Property (the "Project") and has submitted site development plan for the Project; and WHEREAS, the Developer is required by the Inc1usionary Housing Ordinance to set aside twenty percent (20%) of new housing as low- and moderate-income level housing; and WHEREAS, the Developer proposes meeting this requirement by selling the required number of Below Market Rate Units; and 90 Oak Avenue - Affordable Housing Agreement Page 1 -23- WHEREAS, the City has agreed that onsite sale of the Below Market Rate Units will be sufficient to meet the requirements of the Inclusionary Housing Ordinance; and WHEREAS, the Inc1usionary Housing Ordinance requires the Developer's plans and the City's conditions regarding inclusionary housing be set forth in an Affordable Housing Agreement; and WHEREAS, this Affordable Housing Agreement is required as a condition of future discretionary permits for development of the Project Property and shall be recorded against the Project Property; NOW THEREFORE, the City and the Developer agree as follows: AGREEMENT 1. As a condition of developing and constructing fifteen (15) condominiums on real property located in South San Francisco, which property is more particularly described in Exhibit A, incorporated herein and attached hereto ("Project Property"), Developer shall designate three (3) condominiums as Below Market Rate Units and shall make these units available for sale as Below Market Rate Units. One of the Below Market Rate Units shall be set aside as a lower income unit and two of the Below Market Rate Units shall be set aside as low- to moderate- income units. The number of Below Market Rate Units shall be equal to twenty percent (20%) of the total number of condominiums to be built upon the Project Property and identified in Exhibit B. 2. The Below Market Rate Units shall be affordable to lower income households guaranteed by deed restrictions or other enforceable covenants running with the land. One (1) lower income studio shall be affordable to households between 60 and 70 percent of unadjusted median income for a San Mateo County household in the San Francisco Primary Metropolitan Statistical Area, published annually by the Department of Housing and Urban Development (as adjusted annually, the "Base Median Income"); one (1) two-bedrooms low- to moderate-income units shall be affordable to households between 80 and 90 percent of unadjusted median income; one (1) of the one-bedroom low- to moderate-income units shall be affordable to households between 100 and 110 percent of unadjusted median income. 3. The Below Market Rate Units shall be located on the Project Property, within close proximity to the El Camino Corridor and the Downtown. The Developer and the City acknowledge this is an ideal area for such Below Market Rate Units as it is in close proximity to and has access to employment opportunities, urban services and transportation facilities. 4. Occupancy of the Below Market Rate Units shall be established concurrently with occupancy of the market rate units located on the Project Property. This 90 Oak Avenue - Affordable Housing Agreement Page 2 -24- requirement shall be effective as of the date the first unit is occupied on the Project Property. This requirement for the Below Market Rate Units shall remain in effect even in the event all market rate units on the Project Property become unoccupied. 5. Resale restrictions for Below Market Rate Units shall be recorded in the form attached hereto as Exhibit C upon close of escrow for said Units. The Below Market Rate Units shall remain restricted and affordable to the designated income group(s) for a term of fifty-five (55) years. The term shall begin the date each Below Market Rate Unit is sold and shall apply to all subsequent buyers. 6. Developer shall sell the Below Market Rate Units to income eligible owner- occupants pursuant to Section 2. Developer shall work with the City and/or the City's First Time Homebuyer Administrator to identify and qualify eligible buyers for said Units. At the time of sale Developer shall pay an administrative fee to reimburse the City for all administrative /processing costs and fees incurred in identifying and qualifying eligible buyers of the Below Market Rate Units, which may include First Time Homebuyer Administrator fees and costs and processing fees for First Time Homebuyer loans by the City to eligible buyers. 7. The Project Property's Below Market Rate Units shall remain owner-occupied units. In the event that the entire Project Property changes from for sale units to for rent units, the Project Property's Below Market Rate Units shall be bound by a Rent Regulatory Agreement, which agreement is subject to City approval. 8. Developer shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss oflife, or damage to property, or any violation of any federal, state, or municipal law or ordinance related to the implementation of this Agreement and/or the sale of the three (3) Below Market Rate Units. 9. Developer shall pay an administrative fee to reimburse the City for all administrative /processing costs and fees incurred in processing the affordable housing plan, which may include reasonable attorney's fees and cost, and implementing the requirements of the Inclusionary Housing Ordinance. 10. This Agreement shall run with the Project Property and shall be binding on the parties hereto and their successors and assigns. This Agreement shall be recorded on the Project Property upon final map recordation or, if a map is not being processed, prior to the issuance of building permits for the Project Property. 11. Developer and subsequent buyers shall provide City, or its assigned, a first right of refusal in the form attached hereto as Exhibit C to purchase the Below Market Rate Units if any of the individual units, are offered for sale at any point during the fifty- five (55) year affordability period. The notice of offer to sell a BMR unit shall be 90 Oak Avenue - Affordable Housing Agreement Page 3 -25- submitted in writing to the Director of the Department of Economic and Community Development. Within thirty (30) days of its receipt, the City, or its assigned, shall indicate its intent to exercise the first right of refusal for the putpose of providing affordable housing, and close escrow within ninety (90) days. 12. All obligations relating to a Below Market Rate Unit shall transfer from Developer to the buyer of such unit and its assigns upon sale of such Below Market Rate Unit. Upon the sale by Developer of all Below Market Rate Units, Developer shall be released from, and shall have no further obligations under this Agreement. Such release shall be effective upon the final sale and shall not require any further action or documentation by any party to this Agreement. 13. Any amendments to this Agreement shall be processed in the same manner as an original application for approval pursuant to Section 20.125.150 of the South San Francisco Municipal Code. Nothing, however, shall prevent the body granting final approval of the project development, from modifying the location and phasing of inclusionary housing as a condition of approval for the project. 14. The laws of the State of California shall govern this Agreement. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Mateo or in the United States District Court for the Northern District of California. 15. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 16. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 17. Any notice or demand shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Developer: Doherty Painting & Construction, Inc. 880 Ines Avenue San Francisco, CA 94124 Attn: Patrick Doherty Telephone: (415) 695-1494 90 Oak Avenue - Affordable Housing Agreement Page 4 -26- City: Community Development Director City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 18. Notwithstanding any previous provision of this Agreement, the terms of this Agreement shall be interpreted in accordance with the provisions of Chapter 20.125 of the South San Francisco Municipal Code. IN WITNESS THEREOF, the parties have executed this Agreement as of the date first written above. OWNER: CITY: Doherty Painting & Construction, Inc. CITY OF SOUTH SAN FRANCISCO Patrick Doherty Barry M. Nagel, City Manager APPROVED AS TO FORM: Steven T. Mattas, City Attorney Exhibit A Legal Description Exhibit B Project Housing Plan Exhibit C Form of Resale Restriction and Right of First Refusal Agreement for Below Market Rate Property 90 Oak Avenue - Affordable Housing Agreement Page 5 -27- Exhibit C Form of Resale Restriction and Right of First Refusal Agreement RECORDING REQUESTED BY COMMUNITY DEVELOPMENT DEPARTMENT CITY OF SOUTH SAN FRANCISCO 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA 94080 AND WHEN RECORDED MAIL TO ECONOMIC AND COMMUNITY DEVELOPMENT CITY OF SOUTH SAN FRANCISCO 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA 94080 Documentary Transfer Tax $ EXEMPT County of San Mateo City of South San Francisco 181 SPACE ABOVE THIS LINE FOR RECORDER'S USE RESALE RESTRICTION AND RIGHT OF FIRST REFUSAL AGREEMENT FOR BELOW MARKET RATE PROPERTY This Resale Restriction and Right of First Refusal Agreement for Below Market Rate Property ("Agreement") is entered into as of this day of ,20_, by and between the CITY OF SOUTH SAN FRANCISCO ("CITY") and ("OWNER"). RECITALS WHEREAS, Chapter 20.125 of the South San Francisco Municipal Code sets forth the requirements for Inclusionary Housing ("Inclusionary Housing Ordinance"); and WHEREAS, the developer is required by the Inclusionary Housing Ordinance to set aside twenty percent (20%) of new housing as low- and moderate-income level housing; and 90 Oak Avenue - Exhibit C-Form of Resale Restriction and Right of First Refusal Agreement -28- WHEREAS, the developer is meeting this requirement by selling the required number of Below Market Rate Units; and WHEREAS, the City has agreed that onsite sale of the Below Market Rate Units will be sufficient to meet the requirements of the Inclusionary Housing Ordinance; and WHEREAS, this Resale Restriction and Right of First Refusal Agreement for Below Market Rate Property is required as a condition of discretionary permits for development of the Project Property and shall be recorded against the Below Market Rate Units; and WHEREAS, the intent of the CITY is to preserve the number and availability of affordable homes in the program for persons with low or moderate incomes for the longest feasible time; NOW, THEREFORE, in consideration of the benefits received by the OWNER, OWNER and CITY agrees as follows: 1. Premises. The real property which is the subject of this Agreement is commonly known as , more fully described in the legal description attached hereto and incorporated herein by reference as Exhibit "An Said real property ("Premises") is hereby designated as a Below Market Rate Unit ("BMR unif) and shall be subject to the terms and conditions herein set forth. 2. Occupancy and Ownership Restricted to Eliqible Households. As used in the Agreement, the term "Eligible Household" shall mean a Household which has a household income not to exceed percent (_%) of the unadjusted median yearly income for a family of (_), in San Mateo County as published by the Department of Housing and Community Development (HCD) from time to time. In the event that the income determinations are no longer published, or have not been updated for a period of at least 18 months, the CITY may develop such other reasonable methods as it may choose to determine the income restrictions. During the term of this Agreement, OWNER must occupy the Premises as his or her principal residence. The OWNER shall be presumed to be occupying the Premises as his or her principal residence if the OWNER is living in the Property for at least ten (10) months out of each calendar year. By purchasing Premises subject to the Agreement, owner and all successive owners and assigns, hereby acknowledge that the Premises is restricted to owner-occupancy by an Eligible Household and shall not be leased to a non-owner without the written consent of the CITY. Transferee shall execute an agreement under the terms of which the transferee shall assume all of the obligations and duties of owner and agree to be bound by the restrictions of this Agreement 3. Supersession. This Agreement shall supersede any and all resale agreements, deed restrictions and other similar conditions and/or restrictions previously imposed on the Premises whether or not such previous agreements or restrictions were recorded. 4. Misrepresentation of Fact as a Material Breach. OWNER hereby declares and agrees that the financial and other information previously provided to the CITY for the purpose of 90 Oak Avenue - Exhibit C-Form of Resale Restriction and Right of First Refusal Agreement 2 -29- qualifying to purchase the Premises was true and correct at the time it was given and remains true and correct as of the date of this Agreement, or, in the altemative, the financial and other information has been updated to be true and correct today. OWNER further understands that any material misstatement or misrepresentation shall be deemed to be a material breach of this Agreement and shall be grounds for declaring a default, terminating the Agreement, or seeking other such relief and remedies as are appropriate under the circumstances. 5. Conditions of Transfer. For purposes of the Agreement, "Transfer" shall mean any voluntary or involuntary sale, assignment or transfer of Ownership or any interest in the Premises, including, but not limited to, a fee simple interest, joint tenancy interest, life estate, leasehold interest including any rental of the Premises, or any interest evidenced by a land contract by which physical possession of the Premises is transferred and OWNER retains title. Any transfer of the Premises shall be subject to the conditions set forth in the Agreement. OWNER may not lease or rent the Premises for any period of time without the express, prior, written permission of CITY in accordance with Paragraph 2. Transferee shall execute an agreement under the terms of which the transferee shall assume all of the obligations and duties of OWNER and agree to be bound by the restrictions of this Agreement. 6. Prohibited Transfer/Default. Any transfer which is not in substantial compliance with the above conditions shall be deemed a "Prohibited Transfer". Upon receipt of any evidence of a Prohibited Transfer or any other violation of the terms of this Agreement, CITY shall give written notice to the OWNER specifying the nature of the violation. If the violation is not corrected the satisfaction of the CITY within ten (10) days after the date of the notice, or within such further time as CITY determines is necessary to correct the violation, CITY may apply to a court of competent jurisdiction for specific performance of the Agreement, for an injunction prohibiting proposed sale, lease, rental or transfer in violation of this Agreement, for a declaration that the Prohibited Transfer is void, or for any such other relief as may be appropriate under the circumstances. 7. Senior Lien Holder. Any attempt to transfer title or any interest therein in violation of these covenants shall be void, provided, however, that any deed restrictions herein shall be subordinate to a mortgage ("First Deed of Trusr) held by a Senior Lien Holder and/or a federally or state chartered bank or savings and loan association qualified to do business in the State of California which mortgage was obtained at the time OWNER purchased the Property ("Senior Lien Holder"). CITY and OWNER acknowledge and agree that this Agreement is subject and subordinate in all respects to the liens, terms, covenants and conditions of the First Deed of Trust and to all advances heretofore made or which may hereafter be made pursuant to the First Deed of Trust held by a Senior Lien Holder including all sums advanced for the purposes of (a) protecting or further securing the lien of the First Deed of Trust, curing defaults by the OWNER under the First Deed of Trust or for any other purpose expressly permitted by the First Deed of Trust, or (b) constructing, renovating, repairing, fumishing, fixturing or equipping the Premises. The terms and provisions of the First Deed of Trust are paramount and controlling, and they supersede any other terms and provision hereof in conflict therewith. In the event of a foreclosure or deed in lieu of foreclosure of the First Deed of Trust, any provisions herein or any provisions in any other collateral agreement restricting the use of Premises to low or moderate income households or otherwise restricting the Owners ability to sell the premises shall have no further force or effect on subsequent Owners or purchasers of the Premises. Any person, including his or her successors or 90 Oak Avenue - Exhibit C-Form of Resale Restriction and Right of First Refusal Agreement 3 -30- assigns (other than the OWNER or related entity of the OWNER), receiving title to the Premises through a foreclosure or deed in lieu of foreclosure of the First Deed or Trust shall receive title to the Premises free and clear from such restrictions. Further, if the Senior Lien Holder acquires title to the Premises pursuant to a deed in lieu of foreclosure, this Agreement shall automatically terminate upon the Senior Lien Holder's acquisition of title, provided that the CITY shall not have cured the default under the First Deed of Trust, or diligently pursued curing the default as determined by the Senior Lien Holder, within the 60-day period provided in such notice sent to the CITY. 8. Attorneys' Fees. OWNER hereby agrees to reimburse CITY the full cost and expense, including staff time and attorneys' fees and costs, incurred by CITY in an effort to correct any default or enforce any violation of the terms of this Agreement, and OWNER further understands and agrees that if such funds are not reimbursed, in addition to other available legal remedies, CITY may deduct same from the proceeds upon resale of the Premises. 9. Covenant Runnina with the Land. The terms and conditions set forth herein are intended to run with the land and shall bind OWNER and all successors, heirs, grantees and assigns, unless and until superseded by subsequently recorded Agreements. These terms and conditions shall be made part of each deed subsequently recorded and shall bind each successor in interest until the earlier of (a) fifty-five (55) years from the date of recordation, or (b) the recordation of a subsequent and superceding Agreement. Each successor in interest shall assume the rights and obligations set forth and herein undertaken by OWNER in this Agreement. This Agreement and the covenants contained herein shall survive delivery of the Deed. 10. Riaht of First Refusal. Except as provided herein, OWNER hereby grants and gives the City of South San Francisco or its designee or assignee a right to purchase the Premises under conditions set forth below. CITY, at it sole discretion, may assign this right to an individual buyer who meets the CITY's eligibility qualifications to participate in the program. CITY reserves the right to reassign the right to another eligible, qualified buyer in the event the initial designee fails or is unable to complete the transaction. Notwithstanding the foregoing, no assignment or reassignment of this right shall extend any time limits for performance under this Agreement without mutual, express and written agreement signed by both the OWNER and any assignee. 11. Resale Procedures. A. Notice of Offer to Sell. Whenever the OWNER no longer desires to own the Premises, OWNER shall notify CITY of their intent to offer the property for sale in accordance with the terms of this Agreement. Such notice shall be in writing, and may be personally delivered or sent by certified/return receipt, first class mail through the United States Postal Service, addressed to Economic, and Community Development, CITY of South San Francisco 400 Grand Avenue, South San Francisco, CA 94080. OWNER's offer to sell may be withdrawn by OWNER, provided that notice of withdrawal has been received by CITY or its designee, in writing, prior to acceptance by CITY or its designee. B. Acceptance. CITY, its designee or assignee shall have sixty (60) days from the date of receipt of OWNER's notice to exercise the right of first refusal to accept OWNER's offer to sell the Premises. This acceptance shall be in writing, and personally delivered or sent by first 90 Oak Avenue - Exhibit C-Form of Resale Restriction and Right of First Refusal Agreement 4 -31- class mail through the United States Postal Services, addressed to the OWNER of record at the official address of the Premises. For purposes of fulfillment of the terms of this procedure, the notice of intent to sell the premises shall be deemed to be an offer to sell, and the exercise of the right to purchase by the CITY or its designee or assignee shall be deemed to be an acceptance of that offer. Acceptance by CITY or its designee or assignee shall constitute a legally binding contract for the transfer of title, and once accepted, the offer to sell may not be withdrawn without the express, written consent of the party who accepted the offer. C. Escrow. Within thirty (30) days of the date of acceptance, an escrow account shall be opened by the CITY or its designee or assignee. CITY reserves the right, at any time during this process, to subsequently assign its right to purchase to an individual who is eligible and qualified to participate in the program. Once opened, an escrow must be closed within thirty (30) days, unless both parties mutually agree, in writing, to an extension of time. In no case shall the time between receipt of an offer to sell and the date of close of escrow exceed ninety (90) days, unless both parties mutually agree, in writing, to extend that date, or if for any reason the time periods herein are tolled. 12. Transfer bv Owner if RiQht of First Refusal is not exercised. In the event the City or its designee do not exercise its Purchase Option within sixty (60) days of the OWNER's notice pursuant to Paragraph 11, the OWNER may offer the Residence for sale to an Eligible Household who meets the income criteria for the BMR unit and at a price within the BMR restrictions set forth in Paragraph 14. The proposed buyer must purchase the property subject to this Agreement and will be required to execute, acknowledge and record an agreement under the terms of which the transferee shall assume the obligations and duties and agree to be bound by the restrictions of this Agreement. The OWNER must submit proof of the buyer's eligibility to the CITY for review and approval prior to close of escrow. 13. Owner's ObliQation to Cooperate. At all times, OWNER shall ensure that the Premises are clean and in good repair, and available to be shown to prospective buyers. OWNER shall cooperate with the City of South San Francisco and its respective officers, employees and representatives. Failure to comply with these conditions shall be deemed a material breach of OWNER's obligations pursuant to the terms of this Agreement, and upon determination by the CITY that OWNER has failed to comply with any of the above conditions, CITY shall notify OWNER that the time periods stated herein shall be tolled, and the applicable time periods extended accordingly, until OWNER has complied with all of the conditions of this Agreement. Acts by OWNER which shall be deemed to be a breach of this obligation include, but are not limited to, failure to make the Premises available for showing to prospective buyers upon reasonable notice, willful or deliberate actions to dissuade prospective buyers from purchasing the Premises, and failure or refusal to return telephone calls, complete forms, provide required reports, or perform other actions ordinarily required by a party to a real estate transaction in a timely manner. In addition to tolling the applicable time periods, the CITY may pursue any other remedies for breach based upon this section. 14. Purchase Price. The purchase price shall be paid in cash at the close of escrow or as may be otherwise provided by mutual agreement of buyer and seller. The purchase price of the Premises to an Eligible Household shall be fIXed at the lower amount as determined by using the following two methods: 90 Oak Avenue - Exlubit C-Form of Resale Restriction and Right of First Refusal Agreement 5 -32- A. Fair Market Value. CITY or its designee or assignee shall have an appraisal made by an appraiser of its choice to establish the fair market value. The OWNER, at his or her own expense, may also have an appraisal made by a qualified appraiser of OWNER's choice to establish the market value. If OWNER elects to obtain their own appraisal, the time period during which the CITY has the option to perform pursuant to this Agreement shall be tolled for the period of time between the time the CITY obtains an appraisal and OWNER submits a separate appraisal. If an agreement cannot be reached as to the fair market value, the average of the two appraisals shall be deemed the market price, unless the difference between the two appraisals is greater than ten (10) percent of the amount of the higher appraisal, in which case CITY has the option of requesting a third appraisal be conducted by a qualified appraiser agreed upon by both CITY and OWNER, who will make an independent appraisal without knowledge of the results of the first two appraisals. The amount of the first two appraisals which is closer to the amount determined by the third appraiser shall be deemed the fair market value for purposes of this Agreement. B. Based upon Median Family Income (MFI). Original Sale Price of Premises: ($ ). Base Resale Price: The price at which the OWNER purchased the BMR unit shall be adjusted by the percentage increase or decrease in the median annual income for a family of four in San Mateo County. The percentage increase or decrease shall be computed for the period that the BMR unit-iS-heldbY-OWNER~~--- --- beginning on the date the OWNER acquired the Premises based upon the date of recordation of the deed conveying the Premises. This adjusted Base Resale Price shall be increased by the market value, if any, of any documented. permanent capital real estate or fixed improvements approved by CITY. No price adjustment will be made except upon presentation to the CITY of written documentation of all expenditures made by OWNER for which an adjustment is requested. The adjusted price shall be decreased by the amount necessary to repair any damages and to put the unit into a sellable condition, including items such as paint cleaning, construction repairs, and to bring said unit into conformity with all applicable provisions of the South San Francisco Municipal Code. The value of price adjustments shall be reasonably determined by the CITY. 15. Wood Destroyinq Pests and Orqanisms. OWNER shall bear the expense of providing a current written report of an inspection by a licensed Structural Pest Control Operator. All work recommended in said report to repair damage caused by infestation or infection of wood-destroying pests or organisms found and all work to correct conditions that caused such infestation or infection shall be done at the expense of the OWNER. Any work to correct conditions usually deemed likely to lead to infestation or infection of wood-destroying pests or organisms, but where no evidence of infestation or infection is found with respect to such conditions, is not the responsibility of the OWNER, and such work shall be done only if requested by the buyer and then at the expense of the buyer. 16. Real Estate Transfer Disclosure Statement. OWNER is obligated to provide the CITY with a full disclosure of the condition of the premise under Civil Code Section 1102, et seq. The CITY will provide the OWNER with a Real Estate Transfer Disclosure form which shall be completed by the 90 Oak Avenue - Exhibit C-Form of Resale Restriction and Right of First Refusal Agreement 6 -33- OWNER and submitted to the CITY with the OWNER's notice of intent to sell. The OWNER shall cure all noted deficiencies in accordance with Paragraph 18. 17. Deferred Maintenance. Any purchase price detennined through the use of this method shall be adjusted by decreasing said price by an amount to compensate for deferred maintenance costs, which amount shall be detennined in the following manner. Upon receipt of notice of OWNER's intent to sell, CITY or its designee or assignee shall be entitled to inspect the Premises. CITY or its designee or assignee shall have an opportunity to detennine whether any violations of applicable building, plumbing, electric, fire, or housing codes or any other provisions of Title 16 of the South San Francisco Municipal Code exist. 18. Property Deficiency. In the event deficiencies are noted, the CITY or its designee or assignee shall obtain estimates to cure the deficiencies. The OWNER shall cure the deficiencies in a reasonable manner acceptable to CITY or its designee or assignee within sixty (60) days of being notified of the results of the inspection, but in no event later than close of escrow. Should OWNER fail to cure such deficiencies prior to the scheduled date of close of escrow, at the option of CITY, its designee or assignee, escrow may be closed, titled passed and money paid to the selling OWNER, subject to the condition that such funds as are necessary to pay for curing such deficiencies (based upon written estimates obtained by CITY, its designee or assignee), shall cause such deficiencies to be cured, and upon certification by CITY of completion of work, escrow holder shall utilize such funds to pay for said work. Any remaining funds shall be paid to the selling OWNER. No other payment shall be due said OWNER. 19. Assiqnment of Riqht to Purchase. In no event shall CITY become in any way liable to OWNER, nor become obligated in any manner, by reason of the assignment of its right to purchase, nor shall CITY be in any way obligated or liable to OWNER for any failure of CITY's designee or assignee to consummate a purchase of the Premises or to comply with the tenns of any purchase and sale agreement. Nothing in this Agreement shall be construed to obligate CITY to purchase any unit in the event that a buyer participating in the BMR program fails to complete actions to close escrow. 20. CITY Consent to Lease. Until such time as the CITY's right to purchase is exercised, waived, or expired, the Premises and any interest in title thereto shall not be sold, leased, rented, assigned, or otherwise transferred to any person or entity except with the express written consent of CITY or its designee, which consent shall be consistent with the CITY's goal of creating, preserving, maintaining, and protecting housing in South San Francisco for persons of low- and moderate-income. This provision shall not prohibit the encumbering of title for the sole purpose of securing financing; however, in the event of foreclosure or transfer by deed in lieu of foreclosure, the provisions of this instrument shall govern. This provision shall not prohibit acquisition through foreclosure or acceptance of a deed in lieu offoreclosure by Fannie Mae on any mortgage it purchases, pursuant to its participation in the Community Partnership Program. 21. Exempt Transfers. The following transfers of title or any interest therein are not subject to the right of first refusal provisions of this deed: transfer by gift, devise, or inheritance to grantee's spouse or issue; taking of title by surviving joint tenant or a surviving spouse of community property; transfer of title to a spouse as part of marriage dissolution proceedings; acquisition of title or interest therein in conjunction with marriage; transfer pursuant to provision of any Fannie Mae mortgage as described above; provided, however, that with the exception of Fannie Mae acquisitions through 90 Oak Avenue - Exhtbit C-Form of Resale Restriction and Right of First Refusal Agreement 7 -34- foreclosure or acceptance of deed in lieu of foreclosure, these covenants shall continue to run with the tiije to said Premises following said transfers. An instrument shall be executed, acknowledged and recorded by the transferee containing the following covenant: "This property is subject to the terms and provisions of that certain 'Agreement and Deed Restrictions Regarding Resale Controls for Below Market Rate Property'. Transferee, on behalf of transferee, and by transferee's successors and assigns, covenants and agrees to be bound by, and to perform in accordance with, such Agreement, and to include this covenant in any further transfer of the property." 22. Default and Foreclosure. OWNER covenants to cause to be filed for record in the Office of the Recorder of the County of San Mateo a request for a copy of any notice of default and of any notice of sale under any deed of trust or mortgage with power of sale encumbering said Premises pursuant to Section 2924b of the Civil Code of the State of California. Such request shall specify that any such notice shall be mailed to the City of South San Francisco, Economic and Community Development, 400 Grand Avenue South San Francisco, California, 94080. Any notice of sale given pursuant to Civil Code Section 2924f shall constitute a notice of intent to sell hereunder and CITY may exercise its preemptive right prior to any trustee's sale, judicial foreclosure sale, or transfer by deed in lieu of foreclosure. In the event OWNER fails to file such request for notice, CITY's right to purchase shall run from the date CITY obtains actual knowledge of a sale or proposed sale. CITY or its designee or assignee shall have the right to cure any such notice of default. The exercise of such right to cure shall in no way affect the operation of the notice of default as a notice of intent to sell by OWNER. CITY, its designee or assignee, shall be entitled to recover all costs incurred in curing such default from OWNER. Such costs shall be paid through escrow from the proceeds of sale if the sale is consummated. If the sale is not consummated and OWNER retains ownership of the Premises, CITY, its designee or assignee, shall be en@ed to recover its costs directly from OWNER. None of the foregoing shall be interpreted to impair the right of the FNMA (Fannie Mae) to take legal action under the terms of its First Deed of Trust or to require FNMA to send default or foreclosure notice to any third party. In the event CITY fails to exercise its preemptive rights to purchase or prevent foreclosure or trustee's sale, a completed action of foreclosure or trustee's sale shall render this Agreement and the restrictions imposed thereby to be null and void and of no further force or effect. In the event CITY elects not to exercise its right to purchase upon default, any surplus to which OWNER may be entitled pursuant to Code of Civil Procedure Section 727 shall be paid as follows: That portion of surplus (after payment of encumbrances), if any, up to but not exceeding the net amount that OWNER would have received after payment of encumbrances under the formula set forth above had CITY exercised its right to purchase the Premises on the date of the foreclosure sale, shall be paid to OWNER on the date of the foreclosure sale; the balance of surplus, if any, shall be paid to the CITY in order to compensate the CITY for the loss of the BMR unit and to preserve the purposes of the CITY's Below Market Rate Housing Program. 23. Entirety of Aareement. This Agreement comprises the entire agreement between the parties, and no other terms or conditions shall be deemed to apply, unless by a mutually executed, written amendment, modification or superseding agreement which references this Agreement. OWNER covenants that he or she has not, and will not execute any other agreement with provisions contradictory to or in opposition to the provisions hereof, and that in any event, OWNER understands and agrees that this Agreement shall control the rights and obligations between and among the parties and respective successors. 90 Oak Avenue - Exhibit C-Form of Resale Restriction and Right of First Refusal Agreement 8 -35- 24. Severabilitv. If anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provisions shall be deemed severable from the remaining provisions contained in this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been contained herein. 25. Distribution of Insurance and Condemnation Proceeds. Except as may be required to satisfy the first claim of the FNMA pursuant to the Community Partnership Program, in the event that the Premises consist of a unit in a condominium project and the condominium project is destroyed and insurance proceeds are distributed to OWNER instead of being used to rebuild; or in the event of condemnation, if proceeds thereof are distributed to OWNER; or in the event of tennination of the condominium, liquidation of the association and distribution of the assets of the association to the members thereof, including OWNER, any surplus of proceeds so distributed remaining after payment of encumbrances of said Premises shall be distributed as follows: That portion of the surplus up to but not to exceed the net amount that OWNER would have received under the fonnula set forth above had CITY exercised its right to purchase the Premises on the date of the destruction, condemnation valuation date, or liquidation, shall be distributed to OWNER, and the balance of such surplus, if any, shall be distributed to CITY. 26. Nonwaiver. With the exception of the CITY's right to exercise a right of first refusal to purchase the Premises, pursuant to Paragraph 10 hereinabove, the failure of the CITY to take an action to enforce a right or to seek a remedy under the tenns and conditions of this Agreement shall not be deemed to be a waiver by the CITY to take such action or enforce any rights it may otherwise have pursuant to this Agreement. 27. Notices. All notices required herein shall be sent to the following addresses: CITY OWNER: Economic and Community Development City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 By acceptance of this deed, OWNER accepts and agrees to be bound by the covenants contained herein. DATED: Signature of OWNER Print or Type Name Print or Type Address of Unit DATED: City of South San Francisco Barry M. Nagel, City Manage 90 Oak Avenue - Exlubit C-Form of Resale Restriction and Right of First Refusal Agreement 9 -36- DECLARATION OF RESTRICTIONS AND CONDOMINIUM PLAN FOR 90 OAK A VENUE a Residential Condominium Project Recitals THIS DECLARATION is made by Patrick Doherty and Frances Doherty, "Declarant," 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 Proje~t 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 -39- ARTICLE 1 DefInitions 1.1 "Articles" means the Articles ofIncorporation 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 Avenue Homeowners I Association, a California Non-Profit Mutual Benefit Corporation. 1.4 "Board" or "Board of Directors" means the governing body oithe 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 Cormnon Expenses by the Governing Documents. . 1.8 "Condominium" means an estate in real property consisting of an undivided interest in cormnon 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 "B" to this Declaration and incorporated into this Declaration by this 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. 2 -40- 1.13 "Expenditure" means a fme or penalty levied to bring a Member and his Condominium into compliance with the Governing Documents, or a charge levied to reimburse the Association for 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", 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. "Mortgagee" includes a beneficiary or a holder of a deed of trust as well as a mortgage. "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. "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 Dnit are as shown and described on the Condominium Plan. 3 -41- ARTICLE 2 Description of Project, Division of Property, and 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 divide4 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 ~d 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-l 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 separat~ly from the Unit. 4 -42- D. No Separate Conveyance of Common Area. The undivided interest in Common Area appurtenant to each Unit is permanent in character and cannot be altered without the 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 with 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~ements, 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. n. 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 proceduresoset forth in Section 5.IE. 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 present. 5 -43- iii. The right of the Association, or its agents, to enter any of the Units to perform 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 agents, to enter the Unit of any other Owner for purposes of performing instailations, 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 Project (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 publichealth, 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 anysimilar 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 6 -44- Owner if it occurred due to his willful misconduct. In the event a structure is repaired or rebuilt, minor encroachments over adjoining Units and the Common Area shall be permitted and there shall be valid easements 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 PROIDBITED. 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 MEMBERSIDP. 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. 7 -45- 3.3 MEMBERSffiP CLASSES AND-VOTING RIGHTS. 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 ofa 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. 8 -46- ARTICLE 4 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~t 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 ASSESSMENTS. 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 fITst Mortgagee. UntifJanuary I 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 9 -47- increase of ten percent or more over the amount of the Regular Annual Assessment stated in the current public report for the Project. 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 manner 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 10 -48- divided among the Owners equally. Special Assessments shall be divided among the Owners 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 OWNERS. 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 responsible to pay any 11 -49- penalty imposed by the Tax Collector. 4.11 REMEDIES ON DEFAULT. 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 maintalned 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: (1) 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; (ill) the amount of any Assessments levied against the Owner 1 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 r S current RegularAnnual 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 homestead or 12 -50- exemption laws of the State of California as to any Assessment liens created under this Article. ARTICLES 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. MAINTENANCE 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. iii. 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, locate 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 shall 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 may levy an 13 -51- Expenditure against the Owner for the cost of the work that is not covered by insurance, including that portion of the cost not paid by the Association's insurance carrier if 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 14 -52- to, the driveway, curbs, gutters, fences, landscape planting, water supply system, sanitary sewer, storm drainage system, area lighting system, fire prevention system, irrigation 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 fme, 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 15 -53- any part of the duties and responsibilities of the Association. However, any contract with a firm or person appointed as a manager or managing agent shall: 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 I 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 ifit 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 compliance 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' 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 5.1L. 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 may not be imposed more than once on any delinquent 16 -54- Expenditure, shall not eliminate' or supersede any charges imposed on prior delinquent Expenditures, and shall constitute full compensation to the Association for any additional bookkeeping, billing, or other administrative costs resulting from 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 I 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 . Vacancies 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; lii. make capital expenditures; iv. impose discipline and levy Expenditures for violations of the Governing Documents; or 17 -55- v. hold hearings pursuant to Section 5.1E. 5.2 LIMITATION ON POWERS OF THE 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 ~e 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; 18 -56- C. sell during any fiscal year property of the Association having an aggregate fair market value greater than five percent of the budgeted gross expenses of the Association for that fiscal 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 APPROV 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 Common 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 IMPROVEMENTS TO FACILITATE ACCESS FOR PHYSICALLY 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 19 -57- antenna with a diameter or diagonal measurement of one meter or less is subject to the criteria set forth in the Bylaws. Approval of the installation or use of any other satellite dish, video or television antenna is within the discretion of the Board. 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 1 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. 20 -58- Parking spaces P-25 and P-28 are handicap parking spaces. If the Owner of the Unit to which a handicap parking space is appurtenant ("the affected Owner") is not handicapped, the Board temporarily must reassign the handicap parking space to an Owner 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 frrst-come, first-served basis. If there is more than one handicapped Owner at the Development, 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 4is vehicle. No vehicle shall be operated upon the Project which emits extraordinary and o~ensive 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 carry on 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: (1) 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. 21 -59- An Owner may post non-commercial signs, posters, flags and banners made of paper, cardboard, cloth, plastic, or fabric, within his Unit. Signs and posters may not exceed 9 square feet in size and banners and flags 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 banners 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)3ull, Presa Canario, and Rottweiler. Permitted animals shall not be kept, bred, or raised for corn.rnercial 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 upon the 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 defmed 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. 22 -60- An Owner shall be responsible for a tenant's compliance with the Governing Documents. 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 unless 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 Pr~visions 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 REQUIRED CONSENT OF ELIGIBLE MORTGAGE HOLDERS. A. ELIGIBLE MORTGAGE 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 23 -61- elsewhere in this Declaration), and the approval of eligible mortgage holders that represent at least fifty-one percent (51 %) of the votes of Units that are subject to mortgages held by eligible mortgage holders. Changes to provisions governing any of the following are material: <n 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 Conunon Area or Exclusive Use Common Area; (vi) responsibility for maintemmce 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. 24 -62- 8.3 REQUIRED CONSENT OF FIRST MORTGAGEES. Except as provided by statute in case of condemnation or substantial loss to the Units and/or Common Area, unless at least sixty-seven percent (67 %) of all Owners . 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. 25 -63- 8.5 RIGHTS TO INSPECT, RECEIVE STATEMENTS, ATTEND MEETINGS. A. All Owners and lenders, and 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 fmancial 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 financial 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 ~ 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. 26 -64- ARTICLE 9 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 "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 Dnit 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 Dnit are also excluded. Coverage must be in an amount equal to the full insurable replacement cost of the covered property and include an agreed a~ount endorsement or its equivalent and a building laws endorsement or its equivalent; li. 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-of-interest clause or endorsement insuring the liability of each insured against claims by each other insured. The limits of the insurance may not he 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. Worker's compensation insurance to the 27 -65- extent necessary to comply with any applicable law; ~d iv. Fidelity Bond. If required by any institutional lender , 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 oithe 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 FHLMC, 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 28 -66- must contain a waiver of subrogation. An Owner may not separately insure any property covered by the Association's property insurance, and is liable to the Association to the extent of any diminution 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 ~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. Nothing 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 repairiIig 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 29 -67- Association and the Owners, shall enter into an insurance trust agreement, consistent with this Declaration, with the insurance trustee, relating to its powers, duties and compensation. The Board 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 firm 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. 30 -68- d. Upon an election not to rebuild, the Association, as agent, shall promptly sell the entire Project, in its then condition, on terms satisfactory to the Board. For 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 Dec1aration shall then terminate. The net proceeds and all funds held by the insurance trustee shall be distributed to the Owners and their r~spective 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 31 -69- Project. The remaining Owners shall decide by majority vote whether to rebuild the Project or take other action. If the Owners decide to rebuild the Project, the remaining portion of the Project shall be resurveyed, if 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 9.2B.ii.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 Project unless the 32 -70- Association has served on the parties against whom the complaint will be filed of a "Notice of Proceedings "as provided in Civil Code section 1375(a) and has complied with the other requirements of section 1375, including mandatory alternative dispute resolution. B. ACTIONS 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. . Neither 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 By laws. 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 33 -71- without the vote of Declarant. 10.2 TERM. This Declaration shall continue fora 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 AMENDMENTS. 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 may make 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. 34 -72- C. Obligation to Inspect and Notify. Each Owner shall promptly report to the Association any evidence of water intrusion, and any other defective condition the Association is 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 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 for the cost of the work;. D. Failure to Maintain and Repair. If an Owner fails to maintain the interior of his Unit or the Exclusive Use Cornmon 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. 35 -73- 10.10 SEVERABILITY OF PROVISIONS. The provisions of this Declaration shall be independent and severable, and the invalidity or unenforceability of one shall not affect the validity or enforceability of 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. 36 -74- Declarant has executed this Declaration on Patrick Doherty Declarant has executed this Declaration on Frances Doherty 37 -75- ,20_. ,20_. } }SS. } STATE OF CALIFORNIA COUNTY OF On , before me, . Notary Public, personally appeared 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 -76- DECLARATION OF RESTRICTIONS FOR 90 OAK A VENUE A RESIDENTIAL CONDOMINIUM PROJECT EXIDBIT "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," 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. -77- BYLAWS OF 90 OAK AVENUE HOMEOWNERS' ASSOCIATION 1. Name and Location. The name of the Association is 90 Oak A venue Homeowners i 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 1 -78- meeting. 3.5 Quorum. Members 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 announcemeIlt 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 Associatiol!- 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 membership 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 authority 2 -79- to vote for the election of Directors is withheld, shall not be voted. Any form of proxy or written ballot distributed 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. 3 -80- As long as a majority ofthe voting power of the Association resides in Declarant, at least twenty percent of the Directors shall be elected solely by Members other than Declarant according to the following 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 from 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 Members 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 o( such meeting by any me~ it deems appropriate. 5.2 Special Meetings. A special meeting of the Board shall be held when called by 4 -81- written notice signed by the President of the Association, or by any two Directors other than the President. The notice shall specify the time and place of the meeting and the nature of 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 all 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, time 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 fulfllls 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. 5 -82- 7. Duty of Board to Review Financial Status. The Board shall do the following not less frequently than quarterly: 7.1. cause a current reconciliation of the Association'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'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'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 6 -83- actually set aside to repair, replace, restore, or maintain major components. (ill) 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 information 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 m 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 cletermined 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 7 -84- distributed within sixty days after the accounting date. It shall include a schedule of Assessments received and receivable, identified by the numbers of the Condominiums and the names of 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 surrunary 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 surrunary 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 summary minutes shall be distributed to any Member upon request and upon reimbursement of the Association'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 8 -85- the minutes of meetings of the Board of Directors and how and where those minutes may be obtained. J. A summary of the Association'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 I 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 1 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 I 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 I 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; 9 -86- L. Within the sixty days before the beginning of the next fiscal year, the written notice described in Civil Code Section 1365. 1 (b). 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 atthe expense of the Association. If any Member requests copies of the pro forma operating budget be mailed to him, the Association shall provide the copy to the Member by fust-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 year 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 I 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. 10 -87- 9. Duty.of Board to Conduct Reserve Study. 9.1 Requirement for 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 I 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 funds 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 members 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 established. 11 -88- However, the Board may authorize the temporary transfer of moneys from a reserve fund to the Association's general operating fund to meet short-term cashflow requirements. or other expenses, provided the Board has made a written fmding, 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, ievy 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 Members 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: 12 -89- A. President. The President shall preside at all meetings of the Board, see that Board orders and resolutions are carried out, sign all leases, mortgages, deeds and other 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 tpe 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 a 13 -90- Condominium may be a volunteer. Declarant, an employee of Declarant, an employee of a financial institution that purchased a Condominium at a foreclosure sale, or an Owner who 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 14 -91- (other than residential structures). 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 15 -92- Declaration. Enforcement of 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: "IMPORT ANT NOTICE: IF YOUR CONDOMINIUM IS PLACED IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR ASSESSMENTS, IT MAY BE 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'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'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'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. 16 -93- G. Any payments made by the Owner toward the debt noticed by the Board shall fIrst be applied to Assessments owed, and only after the Assessments owed are paid in full 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~ent 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 previously recorded against a Condominium was 17 -94- recorded in error, the party who recorded the lien shall, within 21 calendar days of the determination, record or cause to be recorded in the office of the San Mateo County Recorder 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 41 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 thr~ugh 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 18 -95- Member, it shall first notify the Member. 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 requirements 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 may refuse to proceed to 19 -96- arbitration. D. 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 pocuments, 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 Defmitions. 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. 20 -97- 17.2 In General. As provided in the Declaration, the Board has the authority to promulgate operating rules. The Board shall furnish copies of the operating rules to all Owners. 17.3 Procedures for 1357.120 RuIe 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 Membe{s 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 Member. 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, 5) issuance of a document that merely repeats existing law or the Governing Documents, and (6) any other 21 -98- action of the Board that is not a Section 1357.120 rule change. 18. Board Approval of Physical 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 ~provement 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 ill 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 22 -99- the request, including reasonable professional fees for having the request reviewed by a consultant such as an architect or engineering. The next meeting at which the 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. 23 -100- 20.1 Conflicting Provisions. In the case of any conflict between the provisions of the Declaration and the Bylaws, the Declaration controls. 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 Mutual 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' 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:n 24 -101- I, the undersigned, the duly elected and acting Secretary of 90 Oak Avenue Homeowners' Association certify: 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 25 -102-. STATE OF CALIFORNIA DEP ARTMENT OF REAL ESTATE APPRAISAL BUDGET WORKSHEET BE 623 GENERAL INFORMATION This budget is a good faith estimate from plans prior to construction andlorcornpletion (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 rnake 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. ORE 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 Sail 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 LOTSIUNITS 13 PHASE # TOTAL # IN PROJECT # ACRES Residential: 13 Commercial: 0 1 1 0.41 BUDGETPREPARER NAME ATTENTION TELEPHONE NUMBER Herzi2 & Berlese Mar2aret J. Berlese '415) 861-8800 ADDRESS CITY ZIP CODE 414 Gou2:h Street, Suite 5 San Francisco 94102 Certification 1 declare under penalty of perjury that the representations and answers to the questions in this document and all documents submitted as part of the homeowners budget tire true and complete to the best of my knowledge and belief SIGNATURE OF BUDGETPREPARER DATE 2/18/2005 -103- RE 623 IMPROVEMENTS WORKSHEET Page 2 of 15 If this phase will have any line items shown on pages 3, 4 andS 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 (RE6I IA) for review. I. Number of buildings containing residential units: One 2. Estimated completion date for the residential units: August-07 3. Estimated com Jetion date for the common area and facilitates included in this hase: Au st-07 5. T e of construction for these buildin s (Le., steel, concrete, wood frame, etc. : Wood frame over a concrete slab 6. Type of roof (Le., shake, etc.): Shingle 7. Type of paving used in the project: Concrete 8. T e of exterior wall for residential buildin Stucco 9. Number of residential units per building: 13 10. Number of floors per building: 2 stories over a garage 11. Number of bedrooms per unit: See attached Exhibit A e): See attached Exhibit A ara e, subterranean, c ort, 0 en, etc.): 3 28 spaces in garage and 2 guest parking spaces Complete 14 and 15 for 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? 15. If this condominium project involves phasing with a single lot, submit a budget for each phase plus a budge which will be used if future phases are not completed. (Commonly referred to as a worst CQse budCet). -104- EXHI~IT A UNIT # SOUARE FEET # OF BEDROOMS % OF COMMON AREA I 1,240 2 7.75% 2 1,244 2 7.78% 3 1,242 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% II 1,236 2 7.73% 12 1,241 2 7.76% 13 1,108 2 -6.93% Total livable SQ.ft. 15,996 Total Percental!;e of Common Area 100.00% -105- RE 623 BUDGET SUMMARY Page 3 of 15 Phase Number 1 Number of Units Date of Budget 2/18/05 DRE File No. . 13 Residential 100. Fixed Costs 90 Oak Avenue Per Unit Per Month.. Total Monthly Total Annual i~~~l' 83.33 1,000.00 100 - 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 Dage 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 21 O. Elevator Number: I Type: Hydraulic 16.03 208.33 2,500.00 211. 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 Number: 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 -106- HE 623 Page 4 of 15 Per Unit Total Total Per Month"" Monthlv 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 $188S9 $2,449.07 $29,388.79 300. Reserves 300 - Sub Total 15,027.83 $15,027.83 301-3 13 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 TOTAL (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 DRE 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 detennining 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 nonnally 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 annual 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 /4 of the budgetfor complete Assessment Computations and Schedules. -107- RE 623 RESERVES WORKSHEET Page 5 of 15 DRE File No. Tract Number 90 Oak Avenue (1) '" (2) '" (3) '" (4) · Yearly Reserve Cost Item Sq. Ft. Unit Cost Rep/ru:emenr Remaining Columns I x 2 Per Unit or Number HOA Manual Cost Life or3x4 Per Month" Paint: Exterior 18,500 0.J3 2,405.00 J5.42 Paint: Interior 5,500 0.09 495.00 3.17 Elevator Reserve 1 1,050.00 1,050.00 6.73 Roof - Type: Bitumen ] 0,300 see page 15 1,313.40 8.42 SumD PUDlO 1 60.00 60.00 0.38 Exterior Lights 23 9.00 207.00 1.33 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 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 J 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 J 80.00 1.15 Furniture for Conference Room 1 2,000 6 333.33 2.14 Garage Ventilation Pump I 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 J,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 J and 2 or 3 and 4, but not both for a particular item. Note: For 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 particular project. "''''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 budget for complete Assessment Computations and Schedules. -108- -_. ,-,-'.'~'._.."-"'.' .... ~...,. . RE 623 Page 6 of 15 GENERALPROJECT~NTORY *Complete schedules 1 through 6 below, then transfer the totals to Site Summary area. *Frequent/y 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 SUMMARY - TOTAL SUBDMSION AREA acres x 43,560 , 18,000 Square Feet 1. Building(s) footprint :;l.. Garages or carports 3. Recreational facilities q.. 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 (J-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 TotDlfor Summary Item 1 above 9,990 2. Multiple Detached Garages and Carports * There is a large basement garage plus two additional outdoor spaces. Length ~ Width area of Each Building x No. of Buildings Total Area Square Feet x x Totalfor Summary Item 2 above -109- RE 623 3. Recreational Facilities Total Area a Recreation. Room, Clubhouse, Lanai, or other (length x width = total sqft.) x b. Poels Number: Size o c. Spas Number: Size o d. Tennis Courts Number: Size Swface Type: o e. Other: (describe) Meeting Room 450* *included Totalfor Summary Item 3 above 4. Paved Areas (streets, parking. walkways, etc.) Paving Material (concrete. asphalt, etc.) (length x w.idth = squarefoot area) Driveway Cement in front of building Walkway connecting buildings 230 Walkway connecting buildings* 230 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 25 x ( 45 x 25) + (25 x 25) x x 625 1650 1,380 1,350* 1,380 6 6 6 5. Restricted Common Areas Use (patio. etc.) Describe and attach calculations Totalfor Summary Item 5 above o sq.ft. 6, Other - Describe and attach calculations Totalfor Summary Item 6 above sq.ft, -110- Page 7 of 15 o sq.ft. o sq.ft. o sq.ft. . o sq.ft. sq.ft. sq .ft. RE 623 ROOF RESERVE WORKSHEET (See page 15.) Page 8 of 15 Building ... Flat Roofed Area Shingled Area Cement/Spanish Tile or Wood Shake Area \ Totals x x x x Modifications Grand Totals see pae:e 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". 8" in 12" 12" in 12" IS" in 12" 18"in12" Multiplier 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. -111- RE 623 PAINTING WORKSHEET Page 9 of] 5 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 CostManual) . . Bui]dings (include garages. recreation buildings) Type of Surface Perimeter Garage Leve] Front and Rear: Stucco Sides: Stucco ~ Height ~ No. of Stories x No. ofBldg. 95 ]35 10 10 ; 1 2 2 = Total Area 1,900 2,700 Residential Leve] Front and Rear: Stucco Sides: Stucco 37 135 10 ]0 2 2 4 4 2.969 10,800 Total exterior paint area ] 8,360 INTERIOR Interior painting reserve isdetennined by measuring the room perimeter and multiplying by 8' and adding ceiling area. Room/Type Descrip. Wails x 8ft. = Wa/lArea + Ceiling = Total Perimeter (Length ~ 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 TOTAL EXTERIOR AND INTERIOR: 23,720 FENC~ N~ Fence requiring paint or stain (see Item 312 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 A]ways multiply by 2 to cover the area for both sides of the wall or fence. If the wall or fence will be painted or stained on one side only, adjust your calcu]ation and make appropriate notation on the worksheet. -112- RE 623 Page 10 of15 ELECTRICAL ENERGY CONSUMPTION 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) 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 24 x 12 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 x 24 x 12 B. Elevators (number of cabs x number offloor stops per cab x J 67 J...'WH :::; KWH per month) I x 3 x C. Tennis Court Lights (number of courts x J 000 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 monthfor cold climates) x o E. Hot Water Heating (320 KWH x number of 40 gallon tanks = KWH per month 320 KWH x 0 o F. Air Conditioning (number of sq. ft. cooled x .34 KWH = KWH per month x .34 KWH o G. Electrical Motors (see Notes 2 and 3) Type of Motor (horsepower x watts x hours per x.03 Ix % of year KWH per use oer day in use = month) Motor #1: Garaee Door 1 1000 3 0.03 100.00% 90 Motor #2: Ventilation (3) 0.5 1000 4 0.03 100.00% 180 Motor #3: Sumo Pumo 1 1000 * for emere:encv use onlv Motor #4: Garage Ventilation 3 1000 6 I 0.03 100.00% 540 H. PooVSpa Heating {J:Iumber of heaters x KWH rating x hours of daily use x 30 days = KWH per month x30 days:::; o x x TOTAL KWH PER MONTH 2576.76 -113- RE 623 ELECTRICAL ENERGY CONSUMPTION WORKSHEET* continued Page il of 15 1. Total Monthly Cost (lotal KWH per month x rale per KWH = total cost) 2576.76 0.13 $324.39 x 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 J 0 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. Ifwattage is not listed, it can be calculated by multiplying amps x volts. -114- RE 623 Page 12 of 15 GAS CONSUMPTION WORKSHEET* 1. Water Heaters Thenns (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 ') (BTU rating x hours of daily use x .0003 x % of year in use = Therms) Pool #1 Pool #2 o o 3. Spa (Number of spas (by size) x therm range = Therm used) (8' diameter) (lO' 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 = Thenns 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. -115- RE 623 WATER AND SEWER WORKSHEET* Page 13 of 1S RESIDENTIAL A. Domestic (use only ifunits are billed through association) (number of units [include rec..roomsJ x rate/100 CFi 10 = Water Cost) Water Cost 13 x 1.76 x 10 = 5228.80 B. Irrigation (landscape area x rate/lOa cf x. 0033 = Water Cost 1175 x 1.76 x 0.0033 $6.82 C. Sewers Sewerage charges are billed per Unit, and attached to the property bill. D. Meter Charge Line Size: 3" Meter Charge: $110.07 additional fire service: $24.00 )" Meter Charge: $22.65 Total Monthly Cost: $392.34 . Utility Company Name: California Water Telephone Number: (650) 558-7800 -116- RE 623 Page 14 of15 PRORATION SCHEDULE WORKSHEET Section I YnriableAssessment 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: C. Variable factor (variable costs / square footage = variable factor): Multiply this factor by each unit size below in Section 1II. 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 assessment) -117- . '. 15,996 0.11 RE 623 LANDSCAPE SUPPLEMENTAL WORKSHEET Page 15 of15 A. Com lete chart and transfer "totallandsca e cost Type Percent ear" to line #208 on Area Total Cost Per e Ground cover LaWn :.\ 75% 1,775 1,000 25% Total TOTAL LANDSCAPE COST PER YEAR 2,400.00 100% B. Please provide information regarding water requirements of drought resistant plants/areas, if any. Indicate as a percentage of nannal or standard watering requirements and provide source information. ROOF A. If th ere 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 S.P. Cost per S.F. Cost Asphalt 38 x 26 Shingles 0 6 1.12 6,639 0.11 730.33 Built-Up ]4 x 36 Roofing 0 6 I 3,024 0.17 514,08 Asphalt 40 x 4 Shingles 0 2 1.12 358.4 0.11 39.424 Asphalt . 12 x 10 Shingles 0 2 1.I2 268.8 0.11 29.568 TOTAL 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. -118- Planning Commission Staff Report 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. RECOMl\1ENDATION: 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 findings and adopting the conditions of approval. BACKGROUND: The original project was approved by the City Council on May 26, 2002. As originally approved by the City Council, the project included demolition of the existing dwelling and the construction ofa three-story fifteen (15) unit apartment building. Three (3) of the dwellings were required to -121- Staff Report Date: April 20~ 2006 To: Planning Commission Re: 90 Oak: Avenue Apartments 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 dwelling~. 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 fi.fteen (15) dwellings to thirteen (13) dwellings and elimination of a small underground garage providing a portion of the required parking spaces associated with the fi.fteen (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 Area: 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 -122- Staff Report Date: April 20, 2006 To: Planning Commission Re: 90 Oak Avenue Apartments 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 financial offsets. State law now requires that in order to qualify for a density bonus, residential condominium developers must restrict a m;n;mum often 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%) m;n;mum. In this case the developer would be entitled to up to an eighteen 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 m;n;mum bonus to five percent (5%), but increase the maximum bonus available to thirty-five (35%). A development, therefore, can receive a thirty-five percent (35%) density bonus for setting aside forty percent (40%) of the -123- Staff Report Date: April 20, 2006 To: Planning Commission Re: 90 Oak Avenue Apartments 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 mlnimum of (SSFMC 20.125). The base maximum density allowed for the proj ect 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 units. 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 Resource and that the City should consider moving the structure to Orange Park for reuse. The applicant offered the building to anyone, including the City, for removal to, and reuse at, another -124- Staff Report Date: April 20, 2006 To: Planning Commission Re: 90 Oak Avenue Apartments Page 5 of 6 site. No 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 staff's 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 mlnlmlze 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/RECOMMNEDATION: 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 Subdivision Codes and all other applicable requirements of the City's Municipal Code. Therefore, City staff recommends that the Planning Commission adopt a resolution -125- Staff Report Date: April 20, 2006 To: Planning Commission Re: 90 Oak: Avenue Apartments 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 (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 (30) parking spaces, subject to making the required findings and adopting the conditions of approval. ~qe~ ve Carlson, emor P anner 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 -126- . f!!~,H" ~~:.~~.i;jilfff~~~~' ~.. ,: ~A~'ijC~ "y'. ;;'" . __' .,:., ~ ,.~, . c , , In. 't ~m v ,t..' . ~~.. ""5' .. '. ~ !l\i;..: ,~",..,,- .,,"" '-'" ", ."."'" , ' ' " .:" ","" .\ . . :~: ~;:-'''~<'''''. ". I .. ~"', _. ... ....;;;:.+.,. ;~,.\'." ..,',_ ..:',':1~:~'~ .'.... .~,"'.. . .,' .. .."...",..,:;:~),('C; ..,'~{- -,..-------'--~~ ~.,--"_.,---------------._,-- .... -~- ..--------...-.,- !#J ,.....,.'liIl -8<::1- l --.__._----~_._.._...... A-O OF -=::::::.:: ~ -1 I i I FRONT-VIEW PERSPECTIVE ~ ~~ - ==-- ~==-,===-===-==--- ~ --==-====-~'===- \ \ BY: DATE: CASE # APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO SUBJECT TO THE CONDITIONS OF APPROVAL. w- JOB NO. SCALE ~WN BY IlESIGtIIl BY CIECK8l BY DATE COVER SHEET TITLE NOTlP ~ar;:,=~"1 ~~~~~ -. ~ the be ,*,,>llc<lted, uoed, or ~d "llt1out the ....ltt<on GOnO<Ont of the ~=t~~~~~K oft the ArGhlteJGt IJnle5!!5 otnerwfge oq-eod by c.ontracc. REVISED 2-8-02 ANTONIO M. BRANDl AAQlTECT uc. C-8738 TB.. aeo- Mil 21112 FAX IIlllI- 871 ll8lI2 a04 LARCH AVE. ~ SAN FRANCI8CO.~_~+ ~ 030100 AS stklWN llRAtOI ASSOC. AJA. BRAtO AJA. IlRANlI 9-30-01 @ GROUND FLOOR SECOND FLOOR THAD FLOOR TOTAL ENCLOSED 11.500 SF 9.910 SF 8.540 SF 29.950 SF TOTAL REQUIRED 34 SPACES TOTAL PROVIDED 34 SPACES 12 HANDICAPPED) BUILDING AREA. . LANDSCAPING 10% . 1800 SF PARKING 2.25 SPACES PER UNIT Ix 15)- CONSTRUCTION TYPE. V - I HR / type OCCUPANCY rfPE. R-1/S3 ALLOWABLS AREA. BASE - 2 YARDS - 10.500 x 1.5 x 2 x 2 ALLOWABLE PER FLOOR. 10.500 x t5 x 3 2 stories FIRE SPRlNKUNG . 83.000 sf . 47.250 sf PROPOSED 11 -2 BEDROOM..2 STUDIOS AND 2 SINGLE BEDROOM UNIT OVER PARKING 15 UNIT TOTAL WITH 3 LOW INCOME UNITS eQUIVALENT TO 20% OF THE UNITS COMBINED L.OT AREAS . 17.815 SF LOT 7.8. AND 9 MAX. LOT COVERAGE 85% . 11.500 SF USED 10.778 80.", SF SOUTH 90 OAK AVE. SAN FRANCISCO, CA PROJECT INFORMATION PROPOSED 15 UNIT APARTMENT UNIT SOUTH SAN FRANCISCO MULTI-UNIT APARTMENT BUILDING PROPOSED - [;h7I:I 1 [ll' ~ ~~ ~~~~-4~~ GROUND FLOOR PLAN 1/8-. 1'.O-@ 81 @ E:=!: ~ SITE I -----* 7 I I 7f 15'-0' , SETBACK---j ~ 5)-+ ::eH ~ AT PROPeRTY T'ff'IGAI. . g :0- N 0-i ~ .. N T ~ .. " A Sn:PPIN6 STONES . ~-IRON GATE T'ff'. D /1' t , . I I 5A5~ \ ! ~ in ' ~ ~ ~~ 9 ~ Q III \fl LiNe SlOE 'f HID I b'xI2' TREE HOUse ~ ~ n=:...~_~ - -..--==---- .-..-----.,- -"..- ._- --.+ -- ----- ,==/,~ ~u .. -==--=-"---'---==-1 -~_:.--=:!:=~~=?+. "."'~'="==*=~~~..~:~-~- ..:~ ~> mH--- .~ ---~ - - -..---....-- - ----- -- .-.-.' '. .-....--,,-.. --- ---- 3 2 s ~ ~ ~T t-~ ~I't" '- .---. - .--- - ~.--._-_. ------.-..- ------ - - - ..__ ._. ....M. "......._____._.._ ---------...- ---~----- - - - -- i=1 ~--~=. ~--t---------- l:'::: =1' ."-' --"" -- - \ II L' ~ t~ , -- I I I 'I I ~--.~1~ 11'11 '1"1, I' li'i II I I 1 'I II I i till II I \ i I R~~DN.5IlcI " I ~ Illjf. L , I , I I i II ' II II d I i I: ! 1: I Hm I, I I I II i i ili I -.-.- J ] ~1 -'- 1 I ~ "'-- ~ ---:-" .. :..- ._.u.. --I- __ ------.-- --'-~~..::_=-=. o :!! ~. to'-<" .~ ~ It} @ Sl)EWALK /IEW _.,,_ / &e'~' 1 --~HANDlCAPPED / UNIT 1218 SF ~ 'l"'~~ -- I @; . I C2I V\8ITORS P 0 ~ ~ - ~21' D . I If ir i01 LJ ~r- d --- - \''-~''<'~~".~-~- . \ '."", "".' ~'c::-.'~- ~"" ,,'-'. "'0~' ',,~ ~"~'.'<..~~~'-'~.,<.:~,,"~-..o; "--"~~~~' ~ ' '~'" ~.,~~""" '<.'. ~ ~'," ". ',,~ \\fu ,<~ . ",,\'\,. "'-" ...-'-.,;; "<'~ ~~<~~."\~~"~~ ,"', ",&~" '~", '''- "'~'" ,"\: ",~ "-, " " " ~<~~ " '~ ~'<~ "~~"'-~ ~.' ~ ':"~ , \~';::<" '" ~:~ Ute ~< I T'ff'ICAL ~ " BASEMENT PARKING PLAN 4' CONe. ~K _ ~jr-= 100' ---: , '\ 34 \ REA \ iMGRS.PARKIHG "w" :EFUJ 33 ggg OOQOOooooo D a aco DC 000 0000 lJ [] 0 000 000 aD [] g gg L -----.- ~~~~~ru:: - - -=-=-- 198.84' 45'-&' I"I'~ It:l' 4 1"I'-4It:l' I \ l t I l1 :! --714J~..- 1 /1 ..11" LMT loMl r go OAK AVENUE ~ 20'-011 ~ - IlFIVEWAY QLJ AAMl" ON. !Ill o VAN ~_ - /. ,t> /. /.~ . -~tD?3 - W#~ 25'-0' ~ it -;; 0C11'IBTOAS ~~ I \, ( ') i'l_.A 'I' u '~ ~f ~ - ! 1 - VL I Jt-.---11.... '/ 1 I ~..wo ~ ~ ~, ~ lL ~ ? in _-" H CONe, SL.OCI< io'4Al.l. I ROONT 'f HID -:d-- T 1 4' ~, Y'IAI-K - 6' ~ r. SLOCK io'4Al.l. l ~! -i 6' HleH FeHCI': I' AT PROF'ER'IY LiNe T'fl"ICAL l / ~ IT Q! /1'" I \!> 2 ':' .. " / ~ in 71" I ~ .. " '7 ~l1J ~lD - UNDERGROUND PARKING - l3OO1 27 ~ [;.~.. b ~ 32 404'-5' I.... I ($ I I I 1 I I I I \~ ~I I I I I I I , t I I I I \ \ I PROPOSED MULTI-UNIT APARTMENT BUILDING \ ! 90 OAK AVE. SOUTH SAN FRANCISCO, CA REVISED 2-8-02 ANTONIO M. BRANDl ARCHITECT We. C-8738 TB..1IlIlI- _ 2lI1lI FAX IIlIlI- m_ 904 LARCH AVE. SOUTH SAN FRANCISCO. CA Q.C08O ABRAJDAoAOLCOM NOTE> ~~I ~ and...".t>l- HOrk of tIwJ . aid the 9<lIMI ~ be ~IIGated, uoed. or dI!lCo HI the _ =- of tile ~~~~:~k of the Arc.hlt8(;.t unlee otherwise ac:r""d l:>j c;ontr"".. @ TITLe SITE / FLOOR PLAN I iii I > < ~ (j CC JOB NO. 030100 ; SCALE AS SHOWN 0 (,) DRAWN BY BRAIIlII AS8OC. DESKHIl BY UI. BRAtIlI CIfCI(8) BY AM. BRAtIlI DATE 9-30-01 @I - - A-1 OF o .. SECOND LEVEL FLOOR PLAN r-&'O:2' ;; (jJ ~IIN.I'..o" THIRD LEVEL FLOOR PLAN 5 4 o . 1 'V ~ 44'-4' ? / @ J-'l' 44'-5' / c 3 ]" ~ \J- .. to ... in .. f;t .. '" f;t ~ ~ ~ l~"""; CD - .- !?' - .- " ;; ~ 44'-4' @ J.... -+- t "4'-5' @ ._~ / / T 1 PROPOSED MULTI-UNIT APARTMENT BUILDING 90 OAK AVE. SOUTH SAN FRANCISCO, CA I REV18ED 2-8-02 AHTONO M. BRANIlI ARCKTECT we. C-8738 TB.. 810- _ 2lI12 FAll 810- lI7I _ Q04 LARCH AVE. SOUTH SAN FRANCI8CO. CA ~ &D:a.......&_~ ,..t"II.I NOTe. All a.,..n:p and ....,tt<orl matertal appea1r1<3 _ GOIlO_ the ~~~~'~-n:- be ~'lGat.od, ....d. 0<' ~""'d Iootl the """,Itten coreent of !:he ~~~~;/~:G:::K of I:heJ Arc.httec.t unteH otherwee agreed Iolj GOr1i:ra<.t. @ TInE FLOOR PLANS JOB t<<l, 030100 SCALE AS SHOWN MAWN BY BRANlII ASSOC. DESIGtEIl BY A.M. BRANll CIfCKEI) BY A.M. BfIANlI DATE 9-30-01 - A-2 OF - - -~ I'LAHT1!l< T"l'I'lCAl.. ~ '; i ~ .. t g ~ !! ~ J .. '" g 'f ... N " g , '. 5 4 o 1 3 i + .. ~ / \J .. in 7 i;I ~ ~ ~ ~ i;I .. N ... il Il / -...r H RAlW*' 35'.,' ' h1fj @ - n L~ ,- - ~ t!ml t__ {E ~ BEDROOM J[9ffi[[[l( ~ \('= IEJP _ II. ~"- ~=-= lI&=Jlrn. (1~. -=tlt~:J ::rail J ' ~H ~.."':'"" ~ ,I N ",ri ~ 'T~ IV- <' ,~' iA-,>,- ' ., '- I _ . " -. . . . :f"':B JU: -cD v , '@=1I1\. '1-..#,1' ~~rur ~r"'I C \ nl-l -,-,+. 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F ~ V i--- - I ~ ~Ta<~ - - ~JT c.oHe. eLQCJ(. ~ ......... ,.,..,.,GAL ~5TlNS HOLeIN6 I ~LIN! ~- SCALE lIS. . 1'-0. A-3 OF ~ UIC F<:ll.I!U"'" GAL ~TI!Jlt oe-T. ~ TYl'!G.'/. ..... ~j ~N8I...e .II:Z~~~ JOB NO. SCALE DRAWN BY DESlGfe BY CIfQ(8) BY DAlE BLDG. ELEVATIONS 030100 AS SHOWN BRANlII ASSOC. AM. BRANlt AM. BfWI)I 9-30-01 REVISED 2-8-02 ANTONe M. BRANOI ARCHTECT we. 0-S738 TI!L 880- _ all! FAX 8110- m _ llO4 LARCH AVE. 8G1mf aNI FRN.-ee. 80\ M AllJANElL\tiAOl.cOM NOTE. ~,*::,~~~al ~~~~~"""k~tI1e be dupllGOted. u58d. 0<' d":Josed Ioo4lthout the ~ltten GOr"!!'Hmt. of the. ~~~~~~t~or ~~~ of the ArchItect unlee otherwl5e Q9"eed t:y Gontroc.t. TITLE @ r--'rr"" t_. .-. 90 OAK AVE. SOUTH SAN FRANCISCO, CA PROPOSED MULTI-UNIT APARTMENT BUILDING SCALE 1/8" . 1'-0" A-4 OF m - - m m ~~i!:i: ~ - - r CONG. flLOG . rrPlCAL ~! WI ~ --- - - m m l' ~ j :::=: . IT Lww ~ - L SI'l..IT CONe. flLOGK ceM. F'l.A5TCR ~ 6'H. ~ HAU.. TYPICAL. TYPICAL FeNCE T'T'PICAL ----i REVISED 2-8-02 ANTONO M. 8RANDt ARCtlTECT we. C-8738 Ta.. seo- 58lI _ FAX 8l5O- 871 81182 804 LARCH ..,\11I soun. SAN FR*.NGI88G. CA 84080 ABRANDlAoAOLCQM NOTe. All Q-~ <lI1d __ appear-1r1<j her"", GOn5tltu... the orta"'" and ...",..,._d HOrk of the I ~~f~'~~~~d without the .....rtten consent. of the ~~=:;;/~~~G~:,"K of the Archltec.t unlS59 ot::nen.&ee I ."'JI"....d by GOntrClGt. I - @~ TITLE I SIDE ELEVATION (LEFT) [WI L-_ CEM. F'l.A5TCR TYPICAL. THIFlO LEVa. JOB NO. SCALE DRAWN BY IlESBED BY QfCl(8) BY DATE BLDG. ELEVATIONS 030100 AS SHOWN IIRAtDI ASSOC. AM. BIIAMlI AM. BRNO 9-30-01 -~~~~~- .~ SIDE ELEVATION (RIGHT> y II 6' HI<9H ~ FeNCe TYPICAL SOUTH 90 OAK AVE SAN FRANCISCO, CA ASPHAL. T SHIN6L.e5 611:2 ROoF 5L.OPf! TYPICAL. ~J. k ~%.J ,N. .~ . L,/-n MUL TI-UNIT APARTMENT BUILDING /// PROPOSED ~ \:Y 5eAI....!!!. lie". 1'..0- ROOF PLAN -~~-1~ I 6UIL T UP I'lOOF TYPICAl.. I:l0RMeR TYPICAl.. A5PHAl. T SHINl51.ES 611:2 ROOF SLaI"E TYPICAl.. I ---! I II ;1 Ii Ii ii II ,I Ii 'I I: :1 II I, ! 1- ...... - .. - u..__u. ._._..___.___._____.___._ -""" ~~B-~~~ '[]"'",-C---" _.::--:':= - - ~ --' --' ...._~ ~' ,,",\ \ I'~;.;;'~ ,', '~"..?, ,; ,\~~}.,/ / i ! \ '~~. .... I h [] .. ElUIL T UP ROOF TYPICAl.. I:lORMER TYPICAl.. ASPHAl.... SHINeU$ 6/1:2 ROOF 9l.OPe TYPICAl.. PROPOSED MUL TI-UNIT APARTMENT BUILDING 90 OAK AVE. SOUTH SAN FRANCISCO, CA REVISED 2-8-02 ANTONO M. BRANDl ARCHTECT WC. 0-8738 TEL lIIlO- all 2lI1II FAllllllO- m _ lJ04 LARCH AVE. SOUTH SAN FRANCISCO. CA 9<1080 1 AllRANDIAoAOLOOU GR'& '., " '" ~ All drOJooj~ and ......1ttef'1 material appear.... _.In ~ ~ ~3.~~<:>>d~I,= ><ark. ~ the :::::"::lIG<lted, U5<Jd. or ~C>5<Kl lhe__oftbe ~~~~ of the ArGhlteG.t unless othenoll5e ag-eed by c;.ontrac.t. @ TITlE ROOF PLAN JOB NO. 030100 SCALE AS SHOWN DRAWN BY BRAtOI ASSOC. DESKHD BY A.M. IlIWIlI CIECKED BY A.M. BIWO OATE 9-30-01 - A-5 OF ~ 15'-0' SETBACK ..::. / A ID fF i!m . , ..,.... _ "++". ;..+~ ~;: n~. . ',_ +_ n '+~~ . ...~.... -' - i: :;- '. '- ... ........ +-... -to ~ ... =- "--"--"-' tJ' OF SANI:> SITE / GROUND FLOOR PLAN 1/S" 1'-0" 8 81 c z; If tJ' Of' SANO- 1 o I I I,~ I I MG+tARKIN~ - 33 I -1 o N @ - l!)- GAS METERS @ 11 J i / / / / , i / YG!J RAMP / / / . I. / n 1 ~ I_J J--'~~--T~~ DN. 5% LOW WALL ....... tV ID I II,' b'x/2' $ TREE HOUse 1 1/8. r---- CONGo FLOOR W 5....L T FINISH I tu 8 I )0) )0) )U) . ~~ 1 ~ --- 1 - ID - [] j-L =4= H~ ,ttt :=tt 1"ri RAIF ON. SASEMENT BELOW 5% l 18 GROUND COVER 1>1 ~'i:;I~_gHILoeNSI5 (l"lILD D... . . .. ReDI^IOOD BARK ... ... + ... c!i!fE ANNUALS -JI)loofBO b PAK5 .. b" O.C. -------- --- ~-- -- - SPRINKLER NOTE ALL F'LANTiNl5 AREAS SHAW.. BE IRRlcSATED AN AUTQM,I\TIc. ~t~ ~ r 0UTI::700R BRACKET L/c5HT l"lITH MOTION SENSOR ~ 0UTI::700R POLE LI<SHT SHRUBS Q / cSAL. HEMEROCAW..IS 8 HYSRIr::> EVE~ 'l'ELJ..O'^l ON ?lANTERS i ~ANTHA (SANTA CRUZ! 5 cSAL. '^lITH S~) O HeBe SPECies STANDARD SHRUB ~ :1 ~ '].1-1 @ 4' CONG_ AAMP f tJ. CONe.. eLoGKeox ~ ::24' H Pl-ANTI:R ~ I JW~19~Al till TREES ~ 24' BOX i-lI-tERE SHOI"lN / I I NEl"l15<SAL. TREE \, POPOLU5 NlcSRA ITALICA \ "/ ' LOMeARD'r' POPLAR "- ----"" PLANT LIST T.M SUBMITT AL 2-3-06 .t!IQIEIi Owner/Subdivider: Patrick Doherty and Frances Doherty Doherty Pointing & Construction Sewer/Storm Drain/Water: 660 Innes Avenue Son Francisco, CA 94124 Engineer: BKF Engineers 255 Shoreline Orive, Suite 200 Redwood City, CA 94065 Telephone: (650) 482-6300 Jonine O'Floherty, RCE No. 35220 APN: 011-313-070, 011-313-060, 011-313-090 (one lot per Instrument number 2005-056763) Gos and Electric: '7.......:..._. High Density Residential (R-3) ......,...,,':f. Total lot size: 0.406 acres I Coble: lL :::~":. Single Family Residence High Oenslty Residential 13 Condominium Units Fire: !i: Ii! 1. Flood Zone C: Areas of minimal flooding. Community Panel Number LEGEND City of South Son Francisco 065062 0001 e, September 2. 1961. 315 Maple Avenue 2. No public areas proposed at this time. . South Son Francisco, CA 94060 (650) 6n-65S0 3. Topographic survey Information prepared by Trlad/Holmes & Assoc., ~ doted 7- 1 O-OJ: Pacific Bell -4-~- 640 West San Bruno A venue 4. No tree planting proposed at this time. Son Bruno, CA 94066 -~5- (650) 672-6026 5. Typical setbacks ore os follows: Front-1S' Reor-10' Slde-S'. "45 Pacific Gas and Electric 6. Building covers mojorlty of the site and drainage will be conveyed through 0 ---- 450 Eostmoor Avenue storm woter clarifier to the existing municipal system in Oak Avenue. I I Daly City, CA 94014 (650) 672-6026 7. Oak Avenue frontage to be improved to City Standards. I FF I AT&T Network 3070 17th Street San Francisco, CA 94110 (415) 663-6500 City of South Son Francisco Flre Deportment South Son Fronclsco, CA 94060 (650) 629-6645 JT - JOINT TRENCH CONCEPTUAL BLOG LOCATION WITH POTENTIAL FINISH FLOOR ELEVATIONS PROPOSED CONTOUR UNE SPOT ELEVATION SANITARY SEWER MANHOLE UTIUTY STUB EXISTING CONTOUR UNE "\ PROPOSEO. CONCRE'IE WAI:Y.WA Y l., PROPO. S'ro..t DRIVEWA't, . / ~fT '; \ i ',~ EXISllNG EASEMENT 'FO~ SEWER AND INCIDENTAt~ Ij PURPOSES PER BOOK. 2BS~' OF DEEDS, PAGE 423/ /.g" I zl ; ~~I , '" , 8 1 :e '<: ,_~I . --8J ,1rSS:Oi~ GLfN CC!NDOMlNHJMS EXiSllNG 1 I 10' PRQPO SEWER 050 [ANDS OF 3.4 TiS Q'n1-j:3-0S0 LANDS Dr CELE~j T AJ~O 01L. ::,:3 04C I Janine O'Flaharty, P.E. #35220 BKF ENGINEERS SOURCE: 2002 YAHOOl MAPS VICINITY MAP NTS ~ --- ENGINEER'S STATEMEN' CIVIL ENGINEER THIS TENTAllVE PARc;El M~P HAS BEEN PREPAREO BY ME OR UNOER MY OIREC11ON IN ACCORDANCE \\I'lli STANDARD ENGINEERING PRACllCE. ! CF 1 Principal DAlE o U fIl U z ..: rz: "- z ..: fIl ~ => o fIl A.~ w~ >0 i=0 ~O) ~ Z w ~ a. ~ ~w ...J:J wZ Ow 0::> 20 ,,- ~-- PROPOSED BUILDING LOCA llON L,';NDS OF" CAUfORN!A WATER SERViCE CO. 01:-_327-050 .,,~ / R~:M;''';'; :";i\ PRoposEI5TsII5ffiL.i W1lH CURB AND GUTTER I I 1 2'W-' I~~):; ;:: {: :: ~ *~ '-.. .... y' . ,"'" ~ /, --L- _ --i-- _' . ,- '- - - --, . o' E'O>:b'LV::~ _ i:..lr' co::sr 38~ "(':~_:::::::J t~~~., ~J!:..:~--~---'- . ~"-"~---'" ,r.. .~- 1- - - .' '. ' -'^. , -- . ' - , , """'^,. 'iI5~ '^.' .'" ^' - '7:s::i,'~~s,:--"" ~~i~:..: J, W ~;'., :': ~~ - t ---c' :-- '-'~:.., EXISllNG 10' SANITARY SEWER MAIN TO REMAIN f OAK i4 VENUE \ \ -1-1 I , t~~" r'"' "- "!o --\ " \ .... .-=: ~ ~ lO <0 o .... ~ '" X a::: < ~ o u ~ ~ ~g~ id Of.DCO Q::8o~~ ~NOCOlXl lI)",~rr lOt:: 000 lO=>UJ&n1t) N(/)Q:tOw <D BKF ENGINEERS ..: Z rz: o u.. ::i ..: u I !: I I ~ ABBREV A TIONS AG. ..,...."""'"'" AD. Neo ~ "'~ ""- .......~ MF. ~F'tdItIedFloor ALl>< _ .....r. AIt<<nr:ie ~... - -- Hl<H. __ """ ........ . "- _. """"':l 11:>. ...... ""'" -.... ....",. "*"'9 !UOG. """""J Bt< ..... ear. ...... BJJ. ...."" Glt< "- COR """"" GJ. GaIl:~ G.J. "'-Ir~...,., GL c..u--lM Cl6. '"'''9 ax.o. """"" ClR ~ "D. GIeQI(M GOL ~ GOIIG. """"'" CON< "'"-"'" ~TR """'"""'" GClKT. """""'" GOHTIl """"""'" CPr. G<rpaI GS. ~ GHl. ""'-............ C.T. GerQIlfc.. n. OTR ~ Git. ~HaII OAr. Dt:lluII CJ.L. .Dot.tie OI'f'T. Oopo-.. cer, o.taII "'" -. DIM. _ """. """"'l .... """ D.o. Docr~ DR """ ~ -"""" .... - i>tJ. O(IQ"~ DR ""'" ~"....."""" '"""' ""I....... _. "-'9 lEI ~ "" eoo" I!J. ....... .... a.. !I'eWII;tcin BE. """""'" IUV, _ - -...... EItGL. ........ EP. s.ct.~ ... - """ - E!IPO. ,.",.... EJCP. ........ EXT. EU1or- FA FnAlc:rm PD. FIcGr~ FON. ""'-"" FE ....~ F.f.c.. Fh~GGtl FF. l'tWfled FbQo F.H. Fhf9:h:ri: F.fl.C,. I"h Hoee Ga:iNt I'lH. _ """" """""g RJ.at. ~ ,. .o~. I"oo!o ofGonGrete fOP. FocedAll!h F..o.K fQc.e 01 tWcmj F.o.s. ~til5bldI fA. ft'e.~ _. ......... - "- "'" "'- F5. M!;IlJ!I F5R.. ~~RIMr FT. fc.ot"" fiMt Fre. r~ fIRR """J RJr. ....... SA. .... 6H...v. ~ 6, 'cat:.. 8lnte Goruet4 8L .... 6.l..a!I. 6MJ!...!::I!!!3e;::::; OR ...... 65H. &tv. 9wt Mftal SOW, ~ He. Hole ~ H.G-. HollOlolc.ore HD. Ii:lt~ 1(lCp. """"""'" ....,. .......... """ .......... 14M. It:libtMetaJ Hl::Wz. ~I .... Ibr fIT. _ ID. hldt,~ 1bIoV. IN; 1nc.hC1t~ IH5lL "- lIlT. ....... "'" .- Jr, .- KIT. K:Itdwl LF. lhea' fNt LT. lkjlt Le. Lago HAT. f'tiM1QI "M ........ MB. ........... ......- ......- MiL H8IaI ....- H1. t'billM "" - _. - MO. ........."""'" Hro ....... P11.. HIIb1 It<) ... N.I.G. Hot III Colltrac.t ~.Ct" IVIberr .,... - N.TS. NottoSGale 01 "- OA 0\w0I1 o.c. Ql Geft<< OD. GIlUIdoOlatneter- """ 0" .:w-..... OD. o..wflow 0raIn "'" """'" ""'" 'l**>g OPI'. _ _. ............. _. """"'J PRtiSr. ~ <>r(. """""J eu ~TlIe _. ........... -. Pa10Iq PRGSr. Frit-GaIt ~"'" :::.'- PROJECT INFORMATION FIAS. _ Pl."..,. ...,.,.. CONSTRUCTION TYPE. V - I HR (R"ll f TYPE 1 (8-3) ~:: OCCUPANCY TYPE. R-Usa l2l106Of42000J + (12eo<lf88000) . .ll3 PIN. -..- ALLOWABLE AREA. (8-3) IIASE - 0 YARDS - 2 Itorlee - FIRE 8PIIINKI.N3 UOlVl . 1 v 2 x 2 as.DOG "f ~:;;;''''' - -~ ALLOWABLE AJlEA, (R-ll IIA8& - 0 YA1t88 - 2 __ - I'1RE lII'RNOJIG ..' - lO.sooxl x 2x2 . 42.000., :,. =- """ ALLOWA8lE PeR Fl.00Il0 1O.soo x 1 x 3 . 3\eo<l., -~.... ~, -- -.. III,JII.OlNO AREA< IilAOWe 1'L00I'l . 11.SOO SF ' SECOND FLOOR . 8,810 SF =: :::."::' THIRD FLOOR . 8.840 SF """'l. ....... TOTAL ENCLOSED . 28.960 SF R.F. ........"""""3 COMBINEo LOT AREA8 . 17_ SF USED 10.778 80 'I. SF :TR ~ MAX. LOT COVERAGE 85'1. . II.eo<l SF LOT 7.8. AND 9 :,."'" PROPOSED 12 -2 IIEDROOM UNITS OVER PAflI(flG & 1 HANDICAP (aROUND) ...,;, =..~ 13 UNIT TOTAL WITH 3 LOW INCOW: UNlT8 EQUIVALENT TO 20% Of' THE UNITS :':'- :;....... ...-. LANDSCAPING 10% . 1800 8F E..l _Jo>t PARKING 2.25 SPACES PER UNIT (x 131- TOTAL REQUIRED 30 8PACES 5.0. SoMe.... TOTAL PROVIDED 30 SPAceS (2 HANDleAPPEOl un. Seat GotIer ~ = =- GENERAL NOTES SHr. ..... SO< ....... SHr. H!r. 5wlIl H.tc:lI SH. 5nIaI1 "lJ...1ooIGlRtC~OIit~ONneseF'1...AN5 50. IH5tl. Sol.rld IMuIGlUGn SHALL Be 00f0lt IN 5TRtGT ~Nt:e Io'tTH SflEG.. ~ GrTl'OI(-".I",.STATE.NO~~ sa.!qa. ~NoV~~;~ =- 2OOl, GFC:2001. 5.ST. ~steel cwJ ~ (N:>/lJiQl<ft . ~. STA. SkJticn STD.!!ltcWkrd 2. CGlftH!CTlONS TO exJ5T1He PLel..lC LmLfTlI!S STL 5tMI 5tW.J.. Be DGIlE HJ~ ~AL AND lit ~ STGR. StortJgf HITH THe UTILlTT' GO, ~ 5TRL stnlGbr(Jf !UeP. ~ ~. ~~~~~51~Ne 5YH. ~ GClMS1lllJG.T1C:IH, neY SI-W..L lliI!PAlR N<< DAMAeE TO te1 COf6l'PJ.lGTION AT TIeR e~ ToG. rcp of Ct.\"'b ..... AlL PAVlN6!itW.L ~ TO CJIIt.oA,IN ,. MINIHJ-t la T_ fEtof'. T~ 5. I.N...e96 ~ HGl1'!!D.ALLGtRNo!MALL ~ T.'6. T~'~ AMlNlt-t.MOI"()'AeO'v'e.AO...IAGelT~ :-::of 6. ~'=~~~~~OF~. T.O.G. Tap of ~ IF I>H'( ot9GR!!I"Nt:::.I~ ocr..tJa. ~ THE DR,N.-';;NG6 Tjiji. TGp d ~ JobII AfC/ ""'lUA/.. FlaD GOtOITlOHS, NOTIFY 1lE r5. 1\tIe5tM1 AJItOlIT1!GT AT 0NGe TX TopofYbIl 1 COJoP(:lRMT01"1E~AT'IOH501"ne50IL5 T'r'P. ~ RePORT FGlR GOt-PACTlOH, STRlflPlHS. 6RJOIN6, ltF. ~ PAVIN6, erG. 1ll.o.N.) u.oJrt t.rieee ~ Mote b. 9EE ~ P'LAN5 FOR PI..AHT1N6. YfRT. VerrtIG<<:ll q. 5!e JV.!J , T-24 FOR AGGe5iSI81urr REGLlIm-ENT5 . VEST. v.tI:luIe EN:R6r GOHF'LI.....NCe. V.T. ""J'''' W. IoWt 10. If4l:::lIltKMA'l"S!!~8'l'"ne-AfltG.Ht~T.A./C)TlE lot' Hltl ~ni.c.~~~~~ HG. HcItM CIoNt COV!:ReO NO ~ I!Jl!!'FORe ElEIN9 oeer.ERvED ~,i't:tod etf.A.U.. ee 0P!J'e:;I J\frIID ~ UPON II8iler . ..... i'tltarH8ota- ~~=~~~~n:TlON WO I<<hout IN N:NHfa!. NO ALLOHAHC.e !tW..L ~ 'l" W. ~ Be fo(.A(;lE IN 'TIe GOH~TOR'S eBw..F FOR N<< H.R.. Jt:lbr,.... NB5LeGT IN AOtt!RINl5 TO ms~. Hr. _ ..... ........."'" "l"V. fad Fl~ ~tte:1..ER SYST'B-f ~~~~~~~.~~r~~~ Sl!GOOlY _ <lHER ~st.eHlTTAL..5< N.es SHOP owes. STAIRS, STORE J"RONt . FIRE' 5F'RINKLeR 5'l"5TEM ~ BE 5let1nED eef'AAATeL'l" TO TIE P\ItD.JI!(;T ~T POR. ~eH He GO::lROlNA~ I"Ot.1..OHJrf6 ne GOMPL..eTlON 01'" THl5 ~I!H THe ~TOR 5HAL.L SU!HlT TO TIE CITY /I"Ofl CITY ~II!!H Nt:) N'fli'RI:N/ALJ. TlE CITY 5leMITTM. SHJrrt..L IHGI..JJDE A Lf!'TT!:R. STATfH& THAT TIE PFtO..EG.T AAGHlTeGT / l!N5lN!eR!+AS ~&t!O ne SUl9MITTAL. ~THArTI-E.PI...N-l6NC)G.'IL.a.l.AT10N5 FOR ne ~ lleM5 ARE J"Gll.H) TO BE ACCEPTABLE (es.. HlTH ~ TO ~,LOAOlNlS GOtOlTlONS, ETC.. HllH NO ~ON!S - AS flIER LeG 5eGTlON 106.!iA.2 IF Rl5GUReD, THe' 5LISGGlH'rR.4GTaR. 5HALI... 9t81T STRUG'T\.IliAL. DRAHlNeS . GAL..GUI..AtlOHS SIeNI!O , STAMfl!O I9Y' A GA R!lllJl!.TeRep CML OR. STR!K;.TtJIIiUri.~. 5l..ec:ON'r'RAGTOR!lHo4U!Ie ~ OBTAlNlNS PERMlT5 , PA'l"lJtll!; Al..L PERMIT FEES ~~N6CONSTR!GTlON~ PROJECT PARceL MAP NUMIIER8 APN 011-313-070 APN 011-313-080 APH 011-313-080 FIRE SPRN<L.ER NOTES I) PLANS AND SPEGIPlGATIONS F~ Fl~ ALARM 5Y~Tl:MS, AUTOMATIG FI~--eXTlNLSLeHIN15 5Y5TEMS, !';TANDPtPEs AND TI-EIR. APflUIiil:1l:NANGE5!5HALL Be ~11'1l!D TO TlE FiRe DfF'ART'f'oENT /"OR REVIEW _"liD APPRovAL PRIOR TO INSTALLATiON. 2) IItST,.a.u. AUTOMATIC. FlItI! 5f'RINKL.ERs SYSTEM. TIE SYSTEM SHAll Be 5UF'ERV15eO FOR Y(A~ FLOW BY AN ~ c..BfrJtAL STATION. AlL CONTROt.. VALves SHAlL Be ~ FOR TAMFeRINe BY AN APPRovED c:.eNT'RAL. 5TAnON 5ERVIGE. V.-.L.VE ~ON ~ NOT ee TRNfSMITTED AS SY51'EM TROt.eI..E. 3) .AUTOMATIC. SPRINKLER SYSTEM SH.'\LL Be De5l8NED TO USHr HA,Ll,RD ....) ALL H'I"ORANT5 MJ5T PROviDE A MlNIHJM FIRE FLOW AS Df5G.RlBEO IN THE GITY KATeR SYSTEM MASTER PLAN. IF SO REaJt~ 5) FIR:E HYDRANTs ME TO BE INSTALLED BY THIS GONT'RAGTOR AND MAOE SERVICEABLE PRIOR TO AND CXRJNlS THE TfP-E OF G.oN5TRlJC.TlON. IF 50 F6:iIJlRED 6) ALL FIRE F'ROTEGTION SYSTEMs 1NC.l..UD1~. BUT NOT NEc.E95ARlL Y LIHITID TO, FIRE SPRI*LER SYST'EH!;, ALARM SYSTEMS, AHD FlXEl? EXTlNlSUISHtNlS SYSTEMS, HJST GOMf'Ly HlTH Tte LATeST STANDARDS PlSUSHI![) BY THE N.FPA, exGEFr ""*'!ERE SPECIFICALlY MOofFlED BY L..OGAL FIRE DEPM1'I13IlT POliCY. 1) KA~ SlF'PlY PIPE 51ZINS J'1JST BE stFFlc.lENT TO PRovIDE THE REaJlRES FLOW. AN) PRE55URE AT THE 6"'6e OF ALL SPRINKLeR RIseRS AS oe~11ED BY TI-t: DekSNlN5 ENl5INEeR, AS Ye.L AS 2poo 6.F'.M. AT 20 PSI Rf'5IOUAl... ~ AT ALL F'lJeLIG AND ON-5ITE H"fl::lRANTS. TlE Df5I6NINe!!N9lNeER /'otST !!OeMIT GJ>LGUl..ATlote THAT ~ THe SYSTEM'S ADEGlJAGy IN MeET1N6 n'ns REaUIReMENT. &) WATeR FLOW AND' VALY'!: TAMPER ~ ee IN SERVICE AND ~ BY Nt ~ ceNTRAL STATION f"RfOR TO ASKINS FOR. ~..oV.A.L OF"11-!!:' SY5'1"eM OR OGCUPANc;.Y (7 THE BlIIl...olNS. A Gt')f'.i-( OF ~ ~...Ere- c.eJo.'T'RAL STATiON Si6NALIN5 SYSTt:M G-eRTIFIGATE. F1et.RE 1-4.3 N,FP.A 11, SHAU. BE ~ TO 1lE ARE DEPAATP-ENT BE'FORE FINAL. APPROvAL OF THE SYSTEM. CO THE INSTALl...ER. 5HAU... 6lYE Tl1E FIRE OEPARTI'ENT ~ HCtR5 ~c.ATlON OF TIE TIME AND DATE THE Fl.U!5H1N6 AND TES"nNlS....LL BE ~ll!'D. Tl-E EIUllDlNe 0I-tER OR HIS AeeNT SHALL H1TNESS ALL TES11Ne AND FLU5HtNe AND S1eN TIE GOHTRAGTOR'S HAreRJALS AND TE5T CERTlFlc.ATE. 10) TIe IHSTALt...ER SHALL F'eRFORM ALL REGuIRED ACGePTANC.e 1l:5rs (1-11 NFPA. 13), c.ot-FLETE TIE GOH'fRAG.TOR'S MAT!RJALS AND TEST GeR:TIFIGATES, NI) FORWARD A COPY' TO THE FiRe OfPMTMENT PRIOR TO ASKINS FOR APF'ROV"L OF THE SY'ST&1S ~ AN:) ~). II) THE INSTALlER SHAlL PROVIDE DEv'IGES, COMBINATIONS OF DeVIces, APPLiANCE5, AtoO EGlJ!PH:NT THAT HAY!: elEEN. LIST!!O BY T1-E STATE FlRE MJl,RStotAL. FOR THE I'"l.RP'05E FOR. ~GH nEY ARE U5E0. 12) OBTAIN PeRMtTS FROM THE FIRE ~T1ON DIVISION FOR APPRoPRJATE fl&15 ON TIE CITY'S Gl.MENr Fa: 5OeDlU:. A SPEGIAl PeRMIT FOR THE ~ OF FIRE: H"I"OfIilAHTS FOR. G.ONSTlOl1JGTlON HATER 5HALL BE OBTAINED FROM THE R.&..IG ~ DEPARTMENT. 13) AN ACGEPrABLE Et-ER8ENC,y ACGE!55 5T~ V~T (KNOx SERIES 1300) SHAlL BE LOCATED AT 1lE MAIN ~ TQ T't#S FAGJLITY, THIS V/t4T 5HALL CONTAIN COMPI.ErE l./PC>AlE) MATERIAL SAFETY DATA SHEETs ON EACH ~ MA1'ERIAL STORED OR PRc:lCES5eD ,A.ND A SITE PI..:AN It<OtCATINLS ~ L.QC.ATJONS Of=- T~, EGlJIF'MeHT, AND FIRE APPLIANCES. 14) !!lIlLOINeS HfT1-l COMPOSITE V<<?OD JofSTS, OPeN ~ JOISlS, AND OllER Ll8H'1'W:I6HT Sl"RJ,t;.lt.lRAL 1'191!lERS, TIE 1'=fPJ: 5F'R1"*'L1N6 CON'l"RACTOR 5HAU PRQVtDE ST1i.UC.Tl.IRA/... G-Al..C.S TO .ARGHln:GT INc.l.l.OINlS TrIE 5PRJNKLER F'l..AH5 TO VERIFY THAT THE LOADS AfrV FAST'EtERS FOR THE 5PRIt<<LeR HANeERs AND EARTI-tG1JAKE .sHAY BRAc.1N6 I'1fET ALL ne REGlJlRe1:HTS OF HPf'A 13 AW 00 NOT I<EAkEN TIE ElUlLDtN6 STFil,lG.T\.RE. THE FEE SHALL BE PAID 6'1' 5PRINIC:L.EFi. Cc::lNlRA(;.TOR FOR THE REVle..... A.O OF ---'"--.r-' LAND5GAPE. CI L-l PLANTINe PLAN. o L-2 IRRlGA nON PLAN o L.q NOTES1SPEC6 c OETAJLS o L-4 IRRkSATlON DeTAILS ANI:> SPEGs BKF CIVIL DRAI^IIN65 REFERENCE ONLY NEw _ LIte C I OF 3 TITLE SHEET c 2 OF 3 F'L.AN AND ~ILE C :3 OF 3 CONSTRUCTION OETA1LS PANEL 5GH.EDtJLE AND NOTES PANeL 5cHEDlA..E 51NtSLE LINE DIA6RAM ELEG TRlGAL PLANS ElRC<.O<D LEVEL ELECTRIGAl. 2ND t THlRO FLOOR PLAN TYPIGAI... UNIT PLANS oSR.a.Jt.O LEVEL TYfIlCAL UNIT PLANS 2ND R..OOR TYPICAL UNIT PLAN'52ND Ff...OOR T'r'PlGAL l""!T PLA'iS 3RV FLOOR TYPICAL UNIT PLANS !lRO FLOOR .- NORTH @ NORTH AARaw FRONT ELEVATION SYMBOlS .A PARTIAL SECTION ~ 4 INDfC.ATlS SECTION . A-211C'J1C.Al2S~. ~ R.U. SEcTION ~ A IHOtGAres 5eCTlOH . M ItOGATa ~ . ~ DETAil ~ 3 IHDlCA.l'E5 SEGTIOH . A-eI INDICA res S+eeT . G DOOR 5Y><BOL <3> '"..,.,.. 5TheOL 4} EXTERIOR EU:vATlONS X IfCJIGAT6 ELEvATION y lNDIG-Ares 5HEET . NOT TO SCALE JOB DIRECTORY ...ANDF..r ~ ..t.Qr J.U-n:=.r 'r MOLLY DUFF P.o. BOX. 462 ~ ~H. CA Q4OB8 l'EL - e;,o ,;28 1123 FAX -SAME 6EOTf=r..HNIr:.A1 ENtC;INFI Pe50lls ING. QOI ROSE COURT aJRLINlSAME. CA Q40IO l'EL - 650 347 3<134 FAX - 650 344 6112 Pl.UMBINlS, o P-o SITE UTILITIES PLAN o P-LO SEN. NOTES, CAL.C6 . DETAILS a P-2.o WATER LAYaJT BRa:JtV lEVEL"Pl..AN o P-30 HA.TER LAY~ SECOND. MRO LEVEl.. FI,.OOR F'LAN o P-40 TYPICAL ~T PLANS 6ROIJND lE:VEL - ~TER a p-s.o TYPIC.AL!.tIlT PLANs. 2ND FLOOR, HA~ a P-6.0 TYP1CAL!.tIlT PLANS 2ND FLOOR- HATE!/: o P-1.o TYPICAL IAiIT ~,3RD FLOOFa- WA~ o P-&.O TYPICAL LNIT ~.N5 3RO FLOOR - HA 'fER a P-'l.o SEWER LAYOUT 0R0lW LEVEL PLAN C P-IO.O ~ SECOND . THfRO-'LEVEL FLOOR PLAN GAS, a """.0 eM LAYOUT ~'~.'.VEL. YB...... PLAN 06-2.0 6AS SECOND :C~'FLOOR PLAN ELECTRICAL aE-P1 a E-P2 a E-5L o EI.o a E2.o a Ell.o c E<4.o a e.o o E6.o o E1.0 2-27..0"1 j 41 6ENERAL NOlB GONe. ReI~IN9 STDS. . GONe. TYP. DETAILS MASONRY DETAILS FOl.O[>ATION 8ROIJND LEVEL . NOTllS 5ECOI>V FLOOR HOLD DOHN TEE5fF'LANI<s LAYOUT SfGOND HOOD SlB~Fl.OOR 'SHEARHAU. LAyOUT 6ENERAL DETAILS AND NOTES BRlDef!MAU<lN5 PLAN , De-T AILS !lRO . 'l.AN AND DETAILS F'LAN ANI> DETAILS ILS Mf:GHANICALI o M-l.o eR.OUND PLR. I'-'ECHANIGAL PLANS NO DETAilS o M-2.o INDIVIDUAL \..NIT 2ND PLOORMEGHANtCAL. ~~ c 1-1-3.0 IND1VlDlJ1lld.. lMIT2tV R..OOR MJ:G.HANIGAL rL..ArO g ~:;~ :~~:~~:i:g ~~~~~ a 53.1 PRECAST DETAtl5 a S1l.2 PREc.AST DETAIL!l a 53.3 PREc.AST DETAILS l! .:oa~ 1ool()OO "~'?~"R a """ 1'lQOO!!Ii'" TIOIt l;I;TAolLS o H-I Hi'oRDY. NOlCS AND SOEDb'LE o H-.2 HARDY .: DETAILS SPANGRETE ~NGE DRAWINGS a BO-I 61~~) "BO-2 TEES 5c.II!l:lII:I!- ~5UBMITTAL a BO-3 COUJMN SCIlEOU..E 052.1 " S2.2 0$2.3 052.3.1 052,4 a 52.5 o 52b CS2.i 052~ o 52.cf T '-1 --"'",., - GROUND LEVE SECOND LEVEL @ I @) ~ , I I I ------fCHIMNEY' 1'YJDIGAL i ~ efYCNI;) -,~- I "'2" H I m:liitT-100N , ~l ~ jLI5H'r II Ii Ll-'tROUc5HT ~ I~ ", @ I '~1""r'PIC.Al.. 5 TRIJG ruRAL, 051.0 o 51.l 051.2 SI&T rax ARGHITEGlURAL. a AO COVER 5I-EET, 6ENEF<AL NOTES. FIRE 5PRINKI.ER NOTES AND AB6REVIATlON5. a I TOf/06RAPHlc. MAP o I"ST. STREET JMFROVEMEN.T5 o T-24 TITLE -24 .ENER6Y o A-o;1 SITE . DEMCJl..ITlON PLAN a A-I lSROlJND FLOOR . 5rre PLAN o A-2 5EGOND . lHlRO LEVEL R...OOR PLAN o A-3 """"""" LEVEl. EI>UoRSEMENT PLANS . ""'l.l. TYPES CI A-4- 2ND LEV'EL .ENl....ARSEMENT PLANS a A-5 2ND LEVEL ENlARSEMENT PLANS . FlOORfGElLlNS T'I'PES CI A-6 2PV LEVEL ~ PLANS a A-' 3RD LEVEL ENLAReeH:NT PlANS a A-t> 3RD LEVEL ~T PlANS (! A...q 3RD LEVEL ~ PLANS o A-10 ROOF Fl..AN o A-II ELEVATIONS a A-12 aEVAn0H5 o A-13 ELEVATIONISEGTlON o A'+4 et}fLOINS SEe nON. A-A o AI.! STAIR PL....N5, 'SEGTl0N5. o AI.2 ELEVATOR DETAILS o Al.3 DOOR If<fINDOti ~Dt.l.E5 o A2.1 DETAILS o A22 DETAILS o A2.3 DETAILS 1.1:' f:}4 3 STORY 13 UNIT APARTMENT BLDG. 90 OAK A VENUE SOUTH SAN FRANCISCO - - ARCHITECTURAL I ENGINEERING BRANDI - ASSOCIATES 904 LARCH AVE. S.S.F. CA 94080 PH. 650 - 589 2512 FAX 650 - 871 8662 \. DEMOLITION PLAN SCALE: 1/16" . 1'-0" -------:-I o ! i , ! l ~I\l ;1 ~ @ @ .-jiow IMIN" .L,.' ;~(J10 --~-- eN ~~~ 11 @- III .. a~ ~~ " "" I ___-L___ ~t I ~IIl!MOVt!TClP8Ol.UY!Fl PIlR SOli. MPOAT", , ";bp(l(Hl : .ot. I i Q.N 011-3IJ- .~v OAK .-. -..- .-..-. - " I , I I I I ."" ! I I 'I ) I I / '--____, I / ~77/l \ ! (////,>-;>1 Jl I -/// ">) I ~':.:~ ,.' }6N"'U~ / ///: ~ l I (-:.'>~//~-:..~/.- 'I I ~ / /kslW(,f /j! I I (/ / / ;c}J";- / / / I I //////// ~ I [ (////////, 'II ,( j////jj//~~, I S//// ///" I \ .L.L.L~~//~" 'I AP.N Ofl~31.HJ9l\. t.. ,.. / / I ',,__-1/.../.../....- I II , II il --~\ II , / \ I, , I o'F \11 ~ \ /1 I II'~~"-" :: I J---"'-.... I L_.~--l I ( -~----:u 'I " "\ c --, ,/ 0 I, : ,"co , I I ,,'- I T'\ --.----J'---.L--~ '01/(;1 ./ '-.....--_/ L i ~ I' j ,O(HI ~ ""~ L APN. O!!-313-(J.50 APN O!l-'3!3"O40 SITE PLAN SCALE: 1/16" . 1'-0' , l-~:--ll, ! I i I I I A-OJ~J~ ,--- --~....._,... _....~--""~~ JOO NO. SCALE DRAWN BY IESkHD BY QECKED BY DATE 030100 AS lH>WN BIWIlIi ASSOC. AM. IlRANlI AM. IlIWIII 1-HS SITE AND DEMOLITION PLAN ~ ~-~ ~,_-=--=- _ _ i - - -----------i-- i i I ! I , il ~ ~ ~ a I -TOil!' teIOl.JItB A.P.N. 0 "'.If! ~ -313-040 ~ lNI"IIfOftaM l I II i I ~ I - I ~ I ~ I A P.N 011-313-010 I I , I I r-- ----- T I I : c ,~::,= j a ~~J-il -= ~ I L~ -L-___ ~ C EXISTING ELEVATION 1>102.001 DEs.... ELEVATION IIlll PRECAST COLUMN CATCH BASIIl ~ CS A.P.N. --ITl 1 ..,... a ~ &ilia 011-313-020 -=--. --~ l I I II Ii olo... I 1 I I I 18 TITLE NOTE. All droHlngs and Hrittei> moler-iol appearIng her~Tn (.onst!t.Cree: the ~~~t;;~~n~n~;Yh~I1:~~~ ~~\~~ the be dupllc.ated, used, or dlsc-losed Hithout the v-lrltten Gonsent of the ~~~~~~t~d f~j~~~~~~sn\~~r c.~~.:;~rk of the Arc.hltec.t unless otherHlse ogreed by contrac.t. C.ITY REVI510N& 90 OAK AVE. SOUTH SAN FRANCISCO, CA ANTONe M. 8RANDI ARCHITECT uc. C-8738 TEL. 8lIO" _ 812 ..FAX ~ 871_ lI04 LARCH AVE. BAN I'IWtCRICO. CA'iM080 ABRANDlAoAOL.COM 1/20/0'3 @ - BENCHMARK NOTE. ,-------.--- HEVA iIONS ARE BASED ON A$SI.!AK[) 0.1< roM: I 80lC#UAW IS THE FaIN/) lliAG NAIL ON OAK AI{" I AS SHOtW aEVATION.. '00.00'- 1-- i/ 'L~c!? ....L ~_ _" _ _.__~A~. +----- - I y ---- ~-~ w OAK CQ/1E!!...JZ!.J.!!?LE.'-_ A VENUE MUL TI-UNIT APARTMENT BUILDING PROPOSED II r -~ II t:13 ! I' I I ~"II'" tr i I i ' ~- - ---t' , 'I ' ?I : ~i+t--- i 1.1 .='" t ~ I ,-H-I.........T1ON 11 ! ~ ' I fi0 ....+-..i _~..! ___jP' ... "k_t:--~':Q~- ~i i ___m " ,-' . 6'HISH~ i , "I ! AT ~TY' L.INei .! ~ I---+----~ --- I I 1-1 I b'.I>' I;:!.! i ~ i "I t- ~- """'""""" I I 'I' ,NJ<O I 1 ljl , , I Q I I I I ',; ~. , ' ' -roC -, " "I' +- 0 i '----r--,----,-~ , 1 I ~ LEVEL I SITE PLAN @"--_C_ I ' l 100' 1'1'-41/:2' @ -l-- --~~~---- 1- 1'1'-'1,1/:2", I I ~ ~---t--~4 ~ 5C.AL.e, 1/.. . 1'..0" r-" '. ~~~.~ GROUND ~"" tr U, -2 ~ .. .. o N I --'~--- / /1 'I!' ~ -- / .';. / / II T,. 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CA e.408O ABRANDlAoAOL..COM NOTEo ~ AI! ~aw~ and wrItten materIal oppearln9 herein c:.oretitvt~ the origInal and unpubHsheldwork o~ the Arc.hltect and the same m04 not be dupHc.au,d, used, or disClosed v-llthovt the written consent of the ~~~t~df~I~~5nttr:rc~e~rk of the Arc.hltect unless otherwise agreed by c.ontrac..t. @ mLE GROUND FLOOR & SITE PLAN .al t<<l. 030100 SCALE AS SHOWN DRAWN BY IIIWDI ASSOC. DESKHD BY AM. IIIWD afCKB) BY AM. BRANlI DATE 1-12-03 CJ)_"4~' cr ~ 0 .-1 ~I ~& =+- '--./ ~I 1 I I ill 0 ~ ~ I ~I~~ Q : _.2 ,DROOM 5-'~ ~ I 2 I 0> - ~""IL""_ ITYPA ~ OININe f4\ i- ~I ~I I I I ~ . , , ~- ! I . i , ~ I ~i I i gl ~ ' 01 J ~.I ~, : di= J , ."~ f6\.. 1__ ,~ L Y ~I ~ +----- 42' H .....LINe '-----.J!:: 1 SECOND LEVEL FLOOR PLAN i 1 1 A13 ~ ~ ~.rJ ~-,._~ r1\--- -.'!<- --1"' ~ l4;;Z.H.....,UNe ~ ~r ~. _,lOh- 1IIIi."" I = - -_.,- ~, ~! 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CA M080 AIlRANDIAoAOL.COM NOTE- ~.....a;:,=tu~ z.'3.~~~"=;:: ~ the ~~I~t~~~~ ~...~~.:;/~~\: ~ of the ArchlUk:.t lR'lles& otherwise ag-....d by contract. @ TITLE 2ND l 3RD LEVEL FLOOR PLANS J(I tIl. 030100 SCALE AS !OWN DRAWN BY IlIWOI ASSOC. DESKHD BY AM. IIWClI C1fCKB>BY AM. IIWClI DATE 1-H - A-2 r~~ ~ I ~ t t -L - @ ----r @~ ~ NO 1'e!ll1..IENT C++~ J-_"L~' -, ',>J ~..:.~;;;,:- ~:~)~:J LATH 01 BLoe >Xi ID~O/II2' "'-Yl<> ',' "-," ---~ RI~ &AiT >-<.. .~ IN5UI.."TION -.>..:, '\ --- eyp. eo. ~ >-< ~~ ~~,I: " -- @] 51~' T'\"'Pl!! X S'I"P 0/ Re>ll.!eNT CHANNEL 01 2X6 9T\JDSeI6" O~ . r~l~ :t;.-~- _'_' IX -___ . 16' O.C. i~'>~ """"""'_ ...... ,>J =- bj [ill WALL TYPES !':IVERflANK A. LAS TL TT-b1 511-1. 19 ~ .I'~ I-HR. [J /F !'/"// -- /~~ @ !NOTi .... / . .. I _,~~"" / I_,~ro_ A."~_ /' I AND LAUNDRY ROOM / , /' -~'''~ I FI =, / El.EY. _, -~~I/'r:------ /i __~~/ / ~. ". / "', ,//' """'-_ L~ 7rITDtJ EJf:J ~ UBG NO. b-IA 5TC, 55 KAL - 1023-3-11 ~ -- -lt/L 5/~" 6YF, ON~ I'teILleNT CHANNeL. 01 5/6" 1SYl'".Of :2x.... n_..__ &' c.oNG.. el..OGlC: 9T1.JDS,. 16" o.c ~I I .... Ol.~:?~. I HATeJIIt ~~TANT 1=1. .1&' 6Yr'. OD. [E~~IF ~ PAINT!!!:' c.oNc:.. BLOc.K ~ PAINreI:' 12' GONC-. 5LOGK GA FILE NO. 5TC, 55 "P-3510 UL - U30'l \~ ) l'G- I I ~ I I LAUNDRY ROOM SCALE: 1/4" , 1'-0' @ . DOOR "5 SEE SHEET A-1.3 FOR DOOR NUi'1SE!':5 I fIlJ~DjN9lJL - 5/&" 6Y'P. eo. 01 2~1/2' MTL.. 5'f\ClS 01 &' CONe "'-""" ~ ~""'2''''-''''' GA FILE NO. ~ 1^IF'3520 35 use. NO. b-IA KAL - 1023-3-11 ~ D / / /~><,'- // /' L 5/1>' eY1". eo. BOTH SIPES 012x04 5TL/P!1. 16" O.c __y-1..._..I. .1.: OD 60:\ $IDe 01 2><6 5~ . It>' OJ;, ~~.2~~ . "- . 16" OJ;, 5TC 50-5b 5TC, 50-54 -"". ~ ~ AfltG.H AeOVE /~\ CEICIN6-f 5/&" e'T'P. ~T~ ~-L~,",l"g-"",. I HR l^lP35:W LL 1',O,sol """~ /-_/~ u / ~ ~ / --2X...5T1JCl5.I." O~ - 1/2" PI.:r'NQOO E--~ 'Jib' 6T?". eo. 01 '11105 -----..- 2Xb He~ F " !JI&" 6YP. IFIl 012)(4 &'l'lDS ~ O.G. ~ HI!OUND eC>AfItD OR IH!Ul.ATION -=- ,.~~,~. :15 ~- '/.0" ~. eD. eoTH ~De5 01 2)(6 $T1..lD5 .16' o.c;.. 5TC 3e -Tin !1 1+102.50 ( LE0END ~ . WALL TYPE5 SEE TO THE RI5HT FOR WALL TYPES & t-S5EM6L 'C -t -- 2,.;4 ST'\.iP5 ON leo" o.c" ~'ltJ'6Yl"'.ON ~l..leNT ~OI!J/&" 6YP'. 01 2x.4 51'\.1D&.1t-.O.G. - 2x"'$~ONI6"O ~ HA~ ~~TANT '/&"S'r'P.l!D. -1i.!'~"i"/OOtl [I] "'V FIRE I~A FILE NO I-HR Y-lP3520 --- 5/&' T"r"I"E X 6Y"P 0/ ~1..1eNT ~()12X6 !!>~.16"OJ;, --1/2' ~"HOOL? -R,l~eA.TT IN5ULATIOIi ~-ISl'P.SD.~ ocw<5 ~ FI!':E I-HR. L V 5TC, 50 "'- - 5TC, ~ 35 I-HR bFf''''''''''''''.~" c:.e11..1N6~-..J -~-Pl.."WOOO bi ---.- 5/&' eYl"', eo. 0/ 5/6" e'fP. eoi--_' !!>n;r;:>5 I .~4X6~ i I I I I I I I _~"-------L-. QJ""'""""'" PROPOSED MUL TI-UNIT APARTMENT BUILDING 90 OAK AVE. SOUTH SAN FRANCISCO, CA CITY REVISION & ' 2/21/04 CITY REVISION ~ 10/03103 CITY REVISION& ' 1/20103 ANTONO M. BRANDI ARCHITECT LIC. C-8738 TEL eso- All 2612 FAX eso- 871 8882 Q04 LARCH AVE. SOUTH SAN FRANCISCO, CA 94080 ABRANDIAoAOL.COM NOTE. All dr'QH~ and Hrltten mater!al appearing he("eln c.ol15tltute !:he ~~~~c.f~~l~= ~k~~ the be dUrllc.ated, Llsed, or dl5(:.~osed Hlthou the. wrItten c.onsent of the Anhltec.t. full payment For the Hork P'.:'8sented e-onslders the c.onsent of the Hchlred unless othe("Hlse agreed by c.-ontrac-t. @ TITLE GROUND FLOOR ENLARGEMENT PLANS JOB NO. 030100 SCALE AS SHOWN DRAWN BY BRANlII ASSOC. DESIGtSl BY A.M. BRANDI ClfOOD BY AM. BRANDI DATE 1-12-03 - - A-3 OF 50-56 ------ 1/2' PLYWOOD - 2X4 STUD$- ..16' _~;1--'iL 0"-. ~ 1..OW1'lAl..1...~.HI8t+ ~- ~~r~ .2XbP\...-~ GA FIL.E NO. "P:l520 -7 5/&' e~ eo .""" 5TC, 55 I-HR 0/ KIT('~N 9' "I 1.!1 -I '1'1 itl I I 14 L -, CD 2 " UNIT 1 SCALE: 114",1'0" i' " ",2, '~fl' J I ! , +, i h! I I ~! ~I I! ~I 'II I ! --+J I ,:-i="ill ! i ! I ~ 10'-6 DININl5 "2' e'", V:Z" LlvrN6 o rlINDOV'i #'5 ;3 ""OR 0lINDOV'l NUMBERS TYPES <S>~ _ ~~~+. 0 =,'-4 1/2" I =,'-4 112" 12'-10"___ 1 L_ () UNIT 6 ,0 SCALE: 114",1'0' ~ o !; !:! o 12'~' LIVIN9 , .. I I I i I I ~ JJj~1 n: :- I I I I I +- 1'-" ~ i I I .! ~! @ -, o PROPOSED MULTI-UNIT APARTMENT BUILDING 90 OAK AVE. SOUTH SAN FRANCISCO, CA c.lTY REVISION& ! "1/20/0:; ANTONIO M. BRANDI ARCHITECT LIC, 0-&788 TEL. 880- lI88 _ FAX 880-871_ 804 LARCH AVE. AOUTH. AAN..FRA..,....JIlI'-'\ c~ ~4'\IM AIll'b\NIlh\.AOLOOM NOTE. All drawh1~ and ""Ill"" material appearing herein c.onstttvte the ~'3,~c~cnd ~I~ ~\~t the be duplicated, LI~ed, or disclosed without the Hrltten consent of the ~~:'~~;df~~f&;:nt~~rc~~~rk of the: Architect unless otherwIse agreed b~ c.ontract. @ TITLE 2ND FLOOR ENLARGEMENT PLANS JOB NO, 030100 SCALE AS Sl<<)WN DRAWN BY IIRNaI ASSOC. DESIGtED BY AM. IllWO ctECKED BY AM. BRANlI DAlE 1-12-03 - - A-4 OF NI "'I ~l i I 1 I j 1 ~~~ o B> RIVERElANK ACOU5TI~AL FST~ FIRE I UElC- LAI3ORATORY No. 1I~-~4 (>0 I HR :21-1.1 iSA ~1:20 _~/4'~TE! ~/""'PL."(H).OI T..L ..k:;)~T5 It~t" SATT 1N!Ul. ifJl..f1Itl.I!>!e " ) :: L~'I"" 6'(p, st'. ON ...."err ""....... 8 FLOOR ASSEMBLY - Lt CD _. r I L /4'-0. .., ~-4 1/2" I "-4 1/;2' UNIT 2 ;,c.ALE, l/4"al'O" ) / EB ROOF ASSEMBLY - ~ ~ ~ - LlvlN!9 f~"PL.'f"". OJ T JL... ..JOI9T$ . ;;;14'0.0;:- It-~ 8ATT 1N5./l... l~'-IO. ""ORM I~ ^ ~ ~J Vhl I I - f, k ~+ I I I .1 '1'1 i-l I 0- . ------!.. I i L--:2LA~OF ,,/&'S"""".et). """. EB ROOF ASSEMBLY T_UTRI~ . ::;14" a.c. 1/2' PL."'T'l-O. OIT.JI....JOI!l~ fA LEeEND: - ~ = >^lALL TYPES SEE SHEET A-" FOR WALL 1Yl"ES @ = DOOR .'5 SEE SHEET A-I." FOR DOOR NlMBERS ~ = WINDOY'i -'5 ~ SEE SHEET A-I.:l FOR WINDOW NUMElERS I L- 1~4P'1..,,( """" A I B1JU...Tu.-~INcS -\. Pft.eC.A5T CONe. ~ 4"~TCIP'I"INe :I{.' 1"1..'l"I-Cl. ON ')(4f1".".~ Sl-OGl'IN6 10' Or:..~"'" FLOOR ASSEMBLY ! t---.-.- I .1 ,1 =[ @J- I I <8> ~~ ! _-n- _ .1 '1'1 Ci I <~~> ~~-- 1-- 0__ (\ UNIT 4 SCALe, J/4"-j '0" L.\V1Ne ~! DININe ,,~ ~ 10'-6112' -~---- --- " " '"""'"><6 ...., !J.'--4\~" ~c.~T GONe. Te'e5 -.- 4' GOHGtU!TE T~IN6 '/4" PL.~. ON 5x<4P.T.~_~ r-~"'P,ol.O ~INISIO'O,C..~'" i I . j-----v ~, @ I"'OR5L..a!!~COl+eCTI~!l!!e 52.9 EB FLOOR ASSEMBL Y _. 1"'RfG."9T <:.ONe. ~ 4'~TOPl"'1N5 "/-4'fP\.."!'1'C). ON !fx"P.T.~ Sl...OCI(.II'I& IO'O,C. !!~"( IC~. p~ !it-I' MTT 1H!lU... -~~"I&' 6"(f/'. eD. ON. ........,." T .,-om< .......,O<:.GI.M> EB FLOOR ASSEM0 &, ~..- ~I CD I -- -----i- 01 ---4 2 BEDROOM !>Ol.JNO eoARD 1 o 14'..0" ---'- I ry! i i?' "I I --t 01 I _I ~! 41 ^ -! (e.',> I ~ALi ~ -1 ..t~-+n u - u -- ---.-.--- FST~ 40 FIRE I HR UElC- :21-1.1 FST~ 40 FIRE I HR iSA FILE NO. F~ :21:20 FST~ ~~-~'l FIRE :2 HR I~ElO NO. FA Ie>" FST~ ~e> II~ e>4 FIRE :2HR I~ElO NO. ER:2I~1 FST~ ~e>-S'l lie e>4 FIRE :2 HR PROPOSED MULTI-UNIT APARTMENT BUILDING 90 OAK AVE. SOUTH SAN FRANCISCO, CA CITY REVISION & ' :2/:21/04 CITY REVISION'& , 10/05/05 CITY REVISION~ ' "1/:20/05 ANTONIO M. BRANDI ARCHITECT we. C-8738 TEL. 8llO- see 2812 FAX 8llO- 871_ 904 LARCH AVE. SOUTH SAN FRANCISCO. CA ~ I\Dn"rtUII'\.,,(A..;CuM NOTE. All drawln~ and Hr"ltten moterlal appearln9 herein constitute the ~~"r~~~~l= ~~; the ~~~t~~~it~~~f~~6f~ ArchItect. full payment for the ~ork ~e$ented c.oos>lders the GOr6ent of the Arc.hltect lRiles& otherlo-lJse aq-6ed by c.ontrac..t. @ TITLE 2ND FLOOR ENLARGEMENT PLANS JOB NO. 030100 SCAlE AS SHOWN DRAWN BY BRANJI/ ASSOC. DESlGtiD BY AM BRANll C1fCKBl BY AM BRAMlI DAlE 1-12-03 - - A-5 OF ~ -@] d: .J l,..5...."". f 5....'12" l,.. 0 )"'-..1 ' 1 5 UNIT 3 SCALE: 1/4"=1'0" , l?f .1 "I !~ t~ I ! bl -I '1" .,1 -I~ jV 2'-4~ _. @ --------10'-10" __ 2'''''' ff il ~ ? .. OIHIN& I 'I , I I I I I ;1 I I .. I I 1 I I : 1 I i I I +i:J LtvlN5 I"." 11.2" <2> 'f ~, ~I /'. <' 10' -'-'-'j/ 1YI='E:.:; ::' "':.;'~ /',~',~:::'i^, ~e::;:~~ ...... 0 """.,. ~ )1 / ~ ~ :; t~---= 1-.. ). ~ ...", ~ / 1 E: - ..... ~ R I 1 I I I I DININ6 I I ! I I I L: UNIT 5 SCALE: 1/4"=1'0' --~- / / -------- ;to I,'", .IV'.... //ilM /V / : - ~'-'I' <2> _.~ E E .......112" o ~ !:1 ~ r I PROPOSED MULTI-UNIT APARTMENT BUILDING 90 OAK AVE. SOUTH SAN FRANCISCO, CA CITY REVISIONLQ, , 1/20/05 ANTONe M. BRANDI ARCHTECT UC. C-8738 TEL eIlO- _ 2612 !'AX lNlO- 871 _ ~~~~~_~~, .. I .a.~ AVE. 80UTH 8M I'R1INCl8eO, CA M080 AllRANDlAoAOLCOM NOTE. AI! '*"""""'9" <:>I'ld Hrltten material "PP~"9 herein ~"""tlwte the original and unpublished worK Or the Architect and the same may not ~~'i~t~itt:~~~~~tC~r~ Ard1It;ec.t. full payment for the- Hork presented c.onslders the consent of the Architect unle5s otherwIse agreed by c.ontract. @ TITLE 2ND FLOOR ENLARGEMENT PLANS JOB NO. 030100 SCALE AS SHOWN DRAWN BY IlRAtDI ASSOC. DESIGtfD BY AM. BRANlI (JEQ(8) BY AM BRANlI DAlE 1-12-03 - - A-6 OF !0'-6 l~ .___15'--6112.:'____ UNIT 7 SCALE: 1/4',1'0" f, i' i L_. ~I ~~" ~ 00 J \ 00 '. I,. ,,'N"'" - --'k--. , . I ~; I I ~l 91 TC<l!N '" I I ~, "'~ KI + t 1 I '~', 11' ~ i I foi,; _~ ~--1 :;<)~)<R;<5<) ~ 'l [" , i IO'~:L.-.. ~, ~ +-n-t , H I I I I I i II !~ i I I i ,1 I I I "! i I ~I I I I =; , I I ' I I \ .~- i E L.IV1NS ~! I I i ---------4.- <S> / ( 10 WINDOW .'S '''"J SEE S...EE- A_' ~ FOR i^<,"iDOil'i '<UM6EI'<.S I ,'I'! i-: ! i iJ .... fi..~..._. I I i : <S>' ;, ! ~il 14 I N ! - I b @J ~ ..-,"" ...., +T1 ' 'H"r I , [QI1 I I i I I i , I I . . i I I ,\ ~; I I "I " I I i =, I I ! I I I t- -. +_~__ t2'~10. I --~ &'....,(2. ~ &'.... lf2' ~t- ! 0 I i I - ! t--- D I 0 UNIT 10 SCALE: 1/4",1'0" f1'"l ~I_!~~.l_H~-"-_~~_._ 1..lV1N6 DININ5 I il I ~ " ~ " @ """","" 2 BEDROOM 14'-0" 1&'-2 ~_.J 00 00 -t- .-+ , I , i I ..t... - ~' D II , I ~I i~! ~' , _.~ , i i €>OT i ~- , I , it I --r ~i ~! I 1 ~; ~I s2\ ! i + PROPOSED MULTI-UNIT APARTMENT BUILDING 90 OAK AVE. SOUTH SAN FRANCISCO, CA Coin' REVISION& ,1/20105 ANTONIO M. BRANDI AR<Hn!CT 00. 0-8738 TEL 8lIO- eeo UII FAX 8lIO- 871 _ 804 LARCH Ave. SOUTH SAN FRANCl8CO. CA 94080 ~..WLQOIl~ NOTe. All drClH~ and written material ClPP~in9 h6reln GOI'l9otltute- the ~'tt,1~c~~J~ ~K~ the ~~I~~~it~~~~tG~~~ ~~:~~;df~~~f~ntt~ ~~;~rk of the h'c:..hltee-t unle5-5 other-Hlse agreed by c.ontroct. @ TITLE 3RD FLOOR ENLARGEMENT PLANS JOB 1<<>, 030100 SCALE AS SIK)WN DRAWN BY BIWIlII ASSOC. IlESKHD BY AM. BRANlI aEKED BY AM. BRANlI DAle 1-~ - - A-7 OF ^ ll~ \ !~ ,V H ~- /V- I 0 ~ i ~-~ 91 (\ "I .......-. \ I A "~~---'-l \<tY ~~ r~ @~ I i 1 I .1 ~ ~I -10 BEDI'M. i 14 I ! I , 1'- IQ'~II2' r -~ I '"-- 14'-0" "-4 1/2- L , IG UNIT 8 SCALE: 1/4",1'0" 011'0'" 10'-6 ~. 1-11 \ I I 1 \ I 1 I ~ ;\ II! Q I I _ 1 I 1 I II I~G I I , +--w I , u-r 12'-10. I' I ___-+ i- i i f~'-", I- i i / I ' 0~\ l- I I!- /:1-'1 :-:. i r .' .,1 I . A -1--1 n--=l=~fF' G J{ i ~ ,-----r:if-: L +1 I, EN I I I," I / , I .1' _,,____..'-/~ I I' I '\'1 1 . 1f1.:)f+I-- . .~I i -:---1 , . ::::0" Ii -'"'t I 91 " j rl ! 1 n- , I" I ,II I' ,[I Ii' '.' [',I,i !I !: - i I) II, ili ::' i il'i' : II, ----t III it I:, ~1- LIVIHO M V /~, ~10/ SEE SHEET A-!.5 FOR l^lINDOW NUMBERS SEE SHEET A-;5 FOR J.^.lALL ~----_._--~--- (iO'): DOOR O'S ,,-,j SEE SHEET A-! _5 FOR DOOR NUMBERS ",-",'-" ~ -- TYPES UNIT 12 SCALE: 114",1'0' II I, ~ ' I -- i ~\ \ I ]\, <S> II I. 1 ,II II!~' _,' . D II i /~;,. " X ..~.. A ~.IC;) 1 J@ > FI \~ II . i J , DftOPPED '-1-6:"---; 'M'. [B- i.1 @~2 ~~tv=' cc;C'1 ..... , , · M "0 ,'-Fe I · ~ 'I , ! i 3 , ~=t===+".a4-,..,.,_.,:=J-+~:-~3!~:J+,--~ 12'-0- ~ L.IVIN5 I I I I 1 I 1 I ~ I I ; " I I .. =1 I I I 1 ~. tt-+ I . I ",,-- i OINlNS r. ~ lQ ..."..,. ~\ I I I (,1 ~I ~: ~i Vi \ ! --'1/-+ tv o A-8 TITLE ANTONe M, BRANDI ARCKTECT UC. 0-8738 TEL tNlO- _ 1Il12 FAX tNlO- 871 _ lI04 LARCH AVE. SOUTH 8AN FRANCI8CO, OA 84080 NOTE. Ail drCll.-llngs and wrttten mat.er'iol appearing herein c.onstitvte the ~~~~n~n~!f~ ~k~~ the be dupti<;.ated, vsed. or disc.lo5ed Nlthovt the Nrltten GDnfJent of the .Architect. full payment for the: Hor-k pres.ented c.on&lders- the Gonsent of the ArchiteGt 1)nleS5 othen'-lise agree-d by contract. .KI 1<<>, SCALE DRAWN BY DESIlHIl BY aECKEIl BY DATE 3RD FLOOR ENLARGEMENT PLANS @ OF 030100 AS SHOWN IlRAtIlII ASSOC. AJiIllWO AJiIllWO 1-12:-03 1"-oIr.z" GllY REV1510N& 90 OAK AVE. SOUTH SAN FRANCISCO, CA MULTI-UNIT APARTMENT BUILDING PROPOSED ;/20/03 1\: , V , I r I '~ ~(0 I i 10 1-~ ~\ <>, l~ 1(0 I I I .1 ~, "II ~\ ,0 I i -+---- '~' "MN6 OININI!J ,-<lOol x!/ L P ~J ~ ~ 0'- I 00 + ..."...,., ....."..,., , , -t-- ~ &:~ ~ =----= j ) """",,' ~r ~ J 0 4- ~ 0 i I I I I~ ., V ij"l [ -, _. b-] i I /OW f~~ E ~ <VA o <VA UNIT 9 SCALE: 1/4",1'0" I'~. 2 15'...~. "i "I I ---+ .t-- --- . .,....,...eES /,^'., \ 10 ) WINDOH "S '-./ SEE SHEET A-i,:) FOR 0llNOOlAi NIJMSERS (10) = DOOR 'S \.'---_/ SEE Si--iEET ,A -: 5 PQR. DOoR NUMBERS ",:,..;,::,. TTOE~ SEE SHEET ,A-5 ""OR, V>'A..-L ---;-~ I E I I I I UNIT 11 SCALE: 1/4',1'0" ~,---~~~--~-~, E ~~ @ LIVIN6 """'. _. -e'-T!1:2" ~ R --ri-@J I I I I I I I i I I --+-+--~IQ':lI"..._.~- PI""'" ^ o ~ I I l!1 ~I I I i -t g " J !!> PROPOSED MULTI-UNIT APARTMENT BUILDING 90 OAK AVE. SOUTH SAN FRANCISCO, CA C.ITY REVISION& ,,/20/05 ANTONO M. BRANDI ARCHTECT UC. C-8758 TELIIlIO- _ lISt! FAllIlllO- 8Tt _ 804 LARCH A.VE. SOUTH SAN FRANCISCO. CA.84080 ....NPt~...U\l "'..cw IOTE. AU dra.....lngsond wrltt.enmaterlo! app~lng heretn Gonstltute the original and "'f"'bUohed ...or\:. 01 the Nc;_"""__",,,,:!nol j:)e dupllc-atAcl,us-ed, ard15G ~d wlthoVt the Hrlttem c.oreent of the ~~~~~~df~~sn\~r(,~;~rk of the Arc.hlteC.t unles$ otherl...Hse agreed by context. @ TITLE 3RD FLOOR ENLARGEMENT PLANS .0 NO. 030100 SCALE AS StK>WN ImAWN BY BIWIlIJ ASSOC. DESKHD BY AM. IlIWIlI amED BY AM.1lIWIlI DAlE t-fl-03 - - A-9 OF ROOF PLAN 5CALE, lib" = '-0" A-10 OF """F~ DfV.lN \E!3J - SUlLT-lJP' ~_ ~tH6~ KITCHeN FAN veNT TYPIGA'- lODO!' (i3\ ___J DfltAfN~ ~i"II~~ ~ TYPICAL SUlLT-lJP ~__ .-ooF1N6~ "..., """"" ......,.. 'N'I"lGAL_ KITaeN FAA veNT TYPi<>AL ,-- FLAT RCOP AHoIlN5 i eviL T-uP' .-ooP1N6 I ! ~ ~~ I 5_L @) I I I GoHIMNeY T"I"Plc.AL. ~""'LT"'" A:2..2 A:2.2 If.OOI"'IN5 Gl..Jlre6 A ~"LAT ROOF _A6PHAL.T 5HlteLES .112 ROOF ~ TYP'. _ DORMeR T"i"1"'1c::.AL. c:.LA!l6A 15 ~ClItAIN T'l"l"I'Ic.Al. __~Io'4I~ el!:~~AL. A Dt<<), SCALE DRAWN BY IlESGED BY aECKEIl BY DATE NOTEo All drawingi> and wrlt.ten material appearing he:('~ln Goretitute= the or-lglnol and vnptJbH5hed work of the ArGhlted and the same m~ not be duplicated, vsed, or dlse-lo5ed Nithout the I,.witten Gonsenl of the ArG-hlte.c.t. rvll payment for the Hork presented ,",ons-icier's the (..01156(11; of the Arc.hlted unles'S> otherwIse Clgreed by c.ontroct TITLE 90 OAK AVE. SOUTH SAN FRANCISCO, CA 030100 AS SHOWN BRAtIlII ASSOC. AM.IIIWD AM. IIIWD 1-12-03 @ C.lTY REVISION ~ ' "1/2010~ ANTONO M. BRANDI ARCItTECT uc. 0-8798 TI!L. 810- _ 11I11 fAX 810- 171 11I2 804 LARCH AVE. !IAN 1'""''''''''''''' CA.~ A8RANDIAoAOL.COM ROOF PLAN o @ PROPOSED MULTI-UNIT APARTMENT BUILDING FRONT ELEVATION +---- ~--- """"""""""'1 ~~~ I I ~~r "I ~~-4.------. i i \li ~ ~I 'I = I ' ~ -...... t- ~I I ~r \lj '1 ~ UNE~' OI'UT-'" t+--- ..."""........ g 1'o1'\GAl. Q ~ 6M~-~ ~~i~ ~ ~ cp I -~ IttMC' I"L.A.T iIlI.OOf" ~- ~lfllON6ATe ,.,..,.,GAL (:v _~I..'IE ~ =il-~ RIGHT SIDE ELEVATION lI"".I'-o" ~ I --. ~ (3) I I j cr r""""""'1'o1'\GAl. II 1"0""""" .~5P"UT~ ~........ TVI'lGAL ....,....,"""" ~~ ! r-ALL -J, ~~ ;;.:;;. l I -........- PROPOSED MULTI-UNIT APARTMENT BUILDING 90 OAK AVE. SOUTH SAN FRANCISCO, CA C.ITY REVISION ill ,7120103 ANTONIO M. 8RANDI ARCHIT&CT LIe. 0-8738 TEL. lIIlO- _ 2112 FAX lIllO- 871 _ llO4 LARCH AVE. SOUTH SAN 1'IWICIlI(X). (lA, ~ AlMNDlJ\el>OLCOM NO~ AI t dr-owings and written material appearing herein c.Dnstltvte the or"igtnol and unpublished wort. af the Architect. and the same t'nOlj not be dupIIGote:d, vseCl, or dlsc.losed withOut the Hritten con5ent of the ~~~~~~~;df~I~~~;\~~r~~~~;~rk of the Arc-hlleGt unless. otner"Hlse ogreed by c.ontroc.t. @ TITLE BUILDING ELEV A TIONS UI<<). 030100 SCALE AS St<<>WN DRAWN BY IlIWOf ASSOC. IlEMD BY All BIWG CIfCKED BY All BlWO DAlE 1-12-03 - - A-11 OF REAl<. ELEVATION +- , ;1 --I I ---- t- .1 ~\ i I ----r IJ ~ v, ~i I -- ~ LEFT SIDE ELEVATION ~ t """""" IJM!O. ! \l ~ I! """""'"'= M1N...~ ~ FOR f"OOT1Hi16 - -- t"OOTlHCf~Z!!!I-- r iL ~ ~T~~ 6/12 'Jl.ooP'5I...Of"E 1"T'P'. I I ~ ~ cr .T-=I~iT~~~~ mm mm ~ cr --+~ I ~ cr , I -....IT~ "'-"""....... ~ _ c&eNT PLAe"'" ~""M @ ~TYfl'Ic.AL ...,...".".- Il"'LIT~ "'-"""....... - /~- _ c.e-err ~~ _1"OH'I'ntlMn?lGI\L. ",WteI4!D ..ua! I""'~I PROPOSED MULTI-UNIT APARTMENT BUILDING 90 OAK AVE. SOUTH SAN FRANCISCO, CA C.ITY REYISION&' lOIS/OS C.ITY REYISION&' 5/:20/05 ANTONO M. BRANDl ARCHTECT UC.C-8788 TI!L _ .. .. FAX_lI7'l_ llO4 LARCH AVE. SOUTM SAN FRANCISCO. CA 84080 . AIlflANI)lAoAOLCOM INOll:. Alt drawings. and wl"ltten -rnat:erlal appearIng hereIn constitute the :;:;'%~c~and~l1~ HorK ~i the b<> dvplk;.oteGf, _GI. Of' ~""'d withoUt the Hritt.en c.ons~t of the ~;~f~df~~f~;\~r-G~e~fk of the Arc.hltec.t unless otherHlse ogreed l:::y <:-ontrad. @ TITLE BLDG. ELEV A lIONS .KlIl NO, 030100 SCALE AS stKlWN DRAWN BY IlIWIlII ASSOC. DESKHD BY AM. BIWIlI CIfa(EJ) BY AM. IIRAtO DATE 1-12-03 - - A-12 OF ~L @ ~ ~-,.. I I A1' ~__""''''''''''T'r'I'lGI<l- I '-""""""'- /~, VENT I ~ \ ""-"LL. MOJN1"E!D EL.EV $H.Ao.FT ~ I ......T I ----. ,_ ~....I<ZeO I lo"ll~ 'N...IGAL. . ~! = la3 I 0 ~ fi ~ ......... LEFT 6UILDING SECTION / ELEVATION EB 8 t ~i I ~4- I . i "1:' .1 ~~I 1- 5A..IT ~ --+- IlU>eI< """"- t I !ll~ ....,..., .."""'- cp i ~ cr I ~~Cl<L.cr i I I I I ,~Or=t='] IT! \fl I . . EE31 UJ . I- ~~m ~T GONG. GeL '''TOR OPeN OPeN flII'LlT GOHGIlU!:TI! eLOGJ( ~L. --- """""" r-'" CONG. 5VoI5 =ob. bJfl~I"m','. Jt;;;:;;!) C' ",C' ' , I=<"", 1==:1 'e: . ~~1~1=- .= 4 ;f ".II."..""",-"L ,1 ~, ~..""",-I I tl i> SPLIT GONGReTE """"-TYP, IGIO.'l" j' i I JL I LL .....ePHALT $H1N6LE!o 6112 ROOF 5L.OPE ,..,..,.. ~A ~ A14 ! ...........Ju..rre., i ..,'""""f\,......""'-" ,.1. .- <V 1""""-'""""""'" L.16HT ~ """"'!"L1- - ~ i I - i -42~ H II<<Ot.IlSHT IltDN FENGC ~I'O"'" ""M T'r'I'lGI<l- .........""""'""" """'T ., 42" H I<<O.llSHT I~ F'eNC.E ~fII...A&Tat \~T GOt4G-. TEE5 "'2" H ~ IIIf.Otot FeNGe I~P'OAM TfltIM ,.,.,.,.,,.... UMONT l'lA&",," GOtlGIO!OT!! "'-""'" PLANTER T"fPIGAL ~T GONG-. reee. T \ PROPOSED MULTI-UNIT APARTMENT BUILDING 90 OAK AVE. SOUTH SAN FRANCISCO, CA ANTONO M. BRANDI AFICItTECT L1C. C-8788 'fa. IlIO- _ 2611 FAX IlIO- 871 - lI04 LARCH AVE. ~,~8CIUDl-..... -.D"~~ CAa4QIKl_ AIIIWClIAoAOt..COM NOTE. All crOH"'9" aid ....Itten materlOl "PP"""&1t;l _okl comtlwte tho ~~~~aId~ ~k~ tho ~~I~~~it=~~'r~~ ~~~~~/~~~t~ ~K of the NGhlteGt unl~ otherHIse ag-eed ~ G.ootroc.t. @ TITLE BUILDING ELEV A lIONS/ SECTION JOB NO. 030100 SCALE AS SHOWN DRAWN BY BIWIlII ASSOC. IlESI(HD BY A.IlIllWl)l CIEKBl BY A.IlBRANlI DAle H2-03 - A-13 OF /4"=1'-0 '''D_'/'f FlNleH ~ Oft ova ... ........ O'<J"' U;U:'. + ~ 't I ~ lfI -' ~ I I I c-.\ .........,."'"""- ~I ) 112" Pl..YHOOD ~THIH&-i- (5) 1/2" P'L '>'I'lOOO-~ ~ 2)(1~ 5)Q" 8fIVI8 SECTION A-A '~ ' I!P'OM~. - / '. rl- ~, I Ii' i F I , I ..... ,./ "../ --~ '--~ / L_ &~ fI'I'.eGo~T COHC. ~S // / PREG1'6T GONe. eM ~/ f"IIteGMT GONe. GOL. ~~_~~ W /-r /' " L~_ ;Ji!'~ ~ ~ s I ..-do """"""'-" I",,",-~J i ~___~____~. "AD 5(.... ~.."...,. ON. ")(""~.T.~ IT1'.'6'0J>.~ \I~ II EBGUARDRAIL DETAIL 1/2' /'-. .... 1 I --------.>1.- I I~\ ~~I --_:J " ereI!!L. ~fl::.IH6 "ATH ~ 6mJG.'1'UftE ~ IJfDN "IG~ OJ>. 5" c.oNG. 5L.Ae " 5ANO 4.0f'~ fltOC.K~_.- ,.,.,.. ~_____ PflEGAST CONe. GO'- I / 24" ~MT (iONC. T!!e6 et.DGK ~ .,.-ONC> ~ I ! o Ii ~ 'v Li"(l~ ~.J, ~- ~/ \" LtJ:: ~/~--- ~ (~ \ ~T,ArrK) L.16HT~~Q - \ wlJllON 1\ ~-11ItOH " ~42.t+~THII JIItAIL.IN5 --l 4' MAX 0!'I!R"1\llOl! II T"'T'PIG.AIL. _--U \ r I I I L__ ;/~~T'r'I'eX :>xl> " 16' OJ>. ...,. ..".,. i~ I ___._ , A5.0 /' ....., I / ' / ' , , 'I \ ~ 1 I I I ,"""" "".,.0lC> !~....~,.,.,. @ I I PROPOSED MUL TI-UNIT APARTMENT BUILDING 90 OAK AVE. SOUTH SAN FRANCISCO, CA C.ITY FlEVISION'& , :2/:21104 C.ITY REVISIONffi ' 1/:2010;:; ANTONO M. BRAfCll ARQITECT uc. 0.8738 TEL, ll8O- 688 2812 !'AX ll8O- 871 _ lI04 LARCH A \IE. SOUTH SAN 1'RANCI8OO. CA a.t08O -- - A8RANlI".AOL.COM ,NOTe. All draHln~ and I-'Wltten material appearing; h<<oln c.on50tltute the- ~~~ald~ll= ~k~ the boo dupliGGll<od, used, or dlscl"""d without the written c..on:.ent of the ~~~:~t~dF~I~~~~;t~~r6~n~e~~rk of the Ar"ht~t unlBss otherwIse agreed by Gonvad. @ TITLE BUILDING SECTION A-A .Dl NO, 030100 SCALE AS SHOWN DRAWN BY BRNOI ASSOC. DESKHD BY AN. I!RANlI ClfCKEIl BY AN. BIWO DATE 1-12-03 - A-14 OF \ \ , / r ___ 1000~.A6T GOMG-. ~ I.ill L_____ 1\- I, ! \ ;--4" GONG. s.Jle 1102.54'11 ~~~ \ ,I ~, ~I -I I I ,-1102.50'11 ,I l~lJMh L' '-fIl.-eol"'l~IH!tI.L. -- i --~- ~~ · ,./tD T"l"!-tc.AL. r----- TJI. I.- Oi:.. ~ I ,---------- '14" .."""""TI! 1 ' I I 5'''- pIL,....., ot-I I . 1 .~lt..,. <'---~-- 11I.-15 t-f~ INSU..ATlOH H I ~,..~ &'GKINe ~OII'.w,AU..!oOM." - ~~\\ S:4N ~ ~ - ~\t.\ (~ ~) I;:j C") v 0 ~llFO"~'~ Staff Report AGENDA ITEM #8 DATE: May 24, 2006 TO: Honorable Mayor and City Council FROM: Sharon Ranals, Director of Recreation and Community Services SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING AND A PERMIT TO ENTER AMONG BART, SAMTRANS AND THE CITY OF SOUTH SAN FRANCISCO IN CONNECTION WITH THE BIKE PATH/LINEAR PARK RECOMMENDATION: It is recommended that the City Council adopt a resolution authorizing the City Manager to execute a Memorandum of Understanding and a Permit to Enter among San Francisco Bay Area Rapid Transit District ("BART"), the San Mateo County Transit District ("SamTrans") and the City of South San Francisco (the "City") for the construction and operation of the Bike Path/Linear Park, planned to extend from the South San Francisco to the Colma BART stations, BACKGROUND/DISCUSSION: The attached Memorandum of Understanding, Permit to Enter, and aerial map exhibit are the result of several years of discussion and negotiation between the City, BART, and SamTrans to arrive at a specific agreement for the alignment, construction, operation, and maintenance of the Bike Path/Linear Park project in South San Francisco. The Permit is for thirty (30) years, with an option to renew at the end of that period. The conditions of the MOU and Pennit follow BART's standard format. Developed as one segment of the longer BART "Bike Path," a unique opportunity was created by the construction of the BART extension to the San Francisco Airport. Identified in concept in the BART and SamTrans Comprehensive Agreement in 1990, the project was envisioned as some day becoming a continuous path from Colma to Millbrae running along the alignment of the BART extension. It has been identified as a priority project in the San Mateo County Comprehensive Bicycle Route Plan. South San Francisco has been proactive in working toward a coordinated and enhanced bicycle and pedestrian linear park for this community, on top of or in proximity to the BART tube alignment from the southern to northern City limits. A Master Plan for the park was completed in 2003, which included extensive opportunity for public input. The trail will be anchored by the South San Francisco and San Bruno BART stations at each end, extending like a central spine, protected from traffic, with connecting Staff Report Subject: MOD with BART and SamTrans May 24, 2006 Page 2 arteries to schools, neighborhoods, parks, and business areas. Staffhas worked concurrently on refining the design, negotiating inter-agency agreements, applying for grant funds, and identifying developer fees to accomplish planning, design, and construction. This effort has positioned the city well to be ready to move forward aggressively upon execution of an agreement. Safe crossings where the pathway intersects city streets, such as the crosswalk at Orange Avenue completed in 2004, and a signalized bicycle and pedestrian crossing at Spruce Avenue, are integral to the continuity ofthe design. The entire pathway will be lighted and include irrigation. Some sections are designed with minimal landscaping and maintenance requirements; other sections have more enhanced amenities. Estimated in 2003 to have a construction cost of $6.5 million for the entire three (3) miles of parkway, the city has scoped the project into phases. Because this project is being built on land that for the most part is not owned by the city, execution of a detailed agreement with BART and SamTrans is an essential step which must be completed before the project can move forward. Once the BART agreement is executed, additional agreements will be finalized with other agencies that own property within the desired alignment, including the Public Utilities Commission and Flood Control District. In addition, because some of the grant funding received to date is federal, executed agreements must be in place before required approval from Caltrans for the final design and authorization to bid construction will be permitted. The schedule for construction is as follows: . Orange Avenue Intersection: completed in 2005. . Spruce Intersection/Phase I: Advertise by end of September 2006; award project December 2006; mobilize and start construction early 2007. It is very important to note that the MTC grant funding for Phase I, $1.932 million, is scheduled in the 2006/07 fiscal year; funds must be encumbered by April 2007. . Phase n, Orange to Chestnut: This key section is adjacent to Orange Memorial Park and the Boys and Girls Club, and near South San Francisco High School, Los Cerritos School, and the Safeway shopping area. This phase has been designed with more recreational amenities, including a dog park just north of the Boys and Girls Club parking lot. $537,000 in grant funding has been awarded from C/CAG (pending final approval); incentive TOD funds, as identified below, have also been allocated to Phase II. Construction will begin in 2007/08. . Phase III, Chestnut to San Bruno: Staff plans to submit an application for another round ofMTC funding next year for Phase III. Developer fees from the SummerHill and Fairfield projects could also be used to match grant funds, or to complete the project. More work needs to be done on this phase before a cost and schedule estimate can be provided. Staff Report Subject: MOD with BART and SamTrans May 24, 2006 Page 3 Once all necessary agreements are in place, construction drawings for the project will be completed, including signage and trail markers. Preliminary consideration has been given to the name of the park by the City Council naming committee, consisting of Mayor Femekes and Council Member Matsumoto. They have suggested incorporating a historical timeline, or theme. They also suggested building in an opportunity for memorial recognition of local prominent residents, as well as private and corporate sponsorship opportunities for maintenance and such amenities as benches. Suggested names for the Linear Park include Memorial Park and Memorial Bikeway. Direction from the City Council will be transmitted to the project architect to incorporate in the final design. The Parks and Recreation Commission has very favorably considered the idea of including sponsorship opportunities into the design. If this approach is acceptable, specific ideas will be presented to the City Council in the future. In order to build enthusiasm for the start of construction, staff proposes a kick-off event be scheduled in the fall of2006 to launch the project. The event could include an installation of the type of kiosk and trail entry treatments that have been designed at key locations. FUNDING: To date a total of $4,018,117 in grant funds and gas tax funds have been identified for the project. Because most of these grants have required a significant match of funds, the strategy has been to leverage available park-in-lieu fees as the required match, rather than using the fees to pay for the full cost of construction. Metropolitan Transportation Commission (MTC) Planning Grant/Masterplan (completed) Capital Grant/Construct Tanforan to Orange Ave., Phase I 75,000 1,932,000 MTC - Congestion Mitigation Air Quality (C/MAQ) Construct Chestnut to Orange Avenue, Phase II *Pending final approval by C/CAG Board of Directors 537,000* Transportation Development Act (TDA) Article 3 Orange Avenue Intersection (completed) Spruce Avenue Intersection 100,000 150,000 Gas Tax Spruce Avenue Intersection 250,000 C/CAG, Transit Oriented Development (TaD) Incentive Phase IT Orange Avenue to Chestnut Avenue Fairfield Project SummerHill Project 590,000 305,000 Staff Report Subject: MOD with BART and SamTrans May 24, 2006 Page 4 Department of Housing and Community Development Phase I (design) 29,117 SummerHill Homes - Contribution toward Park Entry *May be constructed by Developer, to be determined 50,000 Subtotal to Date: $4,018,117 Staff plans to continue to submit applications for grants. An application for the next round of federal bicycle/pedestrian funding will be submitted in June for Phase III. Projected park-in-lieu fees from Fairfield and SummerHill could also be applied to Phase III. CONCLUSION: Approval of the attached Memorandum of Understanding and Permit among BART, SamTrans, and the City of South San Francisco is essential to moving forward with the phased construction of the Linear Park. Timely progress must be achieved in order to encumber federal grant funds for Phase I by April of 2007. Based on the successful application for grant funding and recent residential construction in Zone N, East of El Camino, it is probable that the entire Linear Park can be accomplished in the next several years at no cost to the general fund. In addition, opportunities for memorial donations and recognition, and corporate support for the bikeway will be very helpful in generating funds toward maintenance of the new amenity. By: Cjka tVj/I ~wA Sharon Ranals Director of Recreation and Community Services APProve~ ~ Q . agel City Manager Attachment: 1. Resolution 2. Memorandum of Understanding 3. Permit to Enter 4. Map RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING A MEMORANDUM OF UNDERSTANDING AND A PERMIT TO ENTER AMONG BART, SAMTRANS AND THE CITY OF SOUTH SAN FRANCISCO IN CONNECTION WITH THE BIKE PATH/LINEAR PARK WHEREAS, staff recommends approving a Memorandum of Understanding and a Permit to Enter among San Francisco Bay Area Rapid Transit District ("BART"), the San Mateo County Transit District ("SamTrans") and the City of South San Francisco (the "City") for the construction and operation of the Bike Path/Linear Park; and WHEREAS, to date a total of $4,018,117 in grant funds and gas tax funds have been awarded for this project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes a Memorandum of Understanding and Permit to Enter with BART and SamTrans in connection with the Bike Path/Linear Park. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Memorandum of Understanding and Permit to Enter on behalf of the City of South San Francisco. * * * * * I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the day of 2006 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk MEMORANDUM OF UNDERSTANDING AMONG BART, SAMTRANS AND THE CITY OF SOUTH SAN FRANCISCO IN CONNECTION WITH THE BIKE P A THILINEAR PARK WITHIN THE CITY OF SOUTH SAN FRANCISCO 47820,,(, This Memorandum of Understanding ("MOD") is made and entered into as of this _ day of May, 2006 (the "Effective Date") among the San Francisco Bay Area Rapid Transit District ("BART"), the San Mateo County Transit District ("SamTrans") and the City of South San Francisco, a general law City of the State of California (the "City") (collectively, the "Parties"). RECITALS A. On or about March 1, 1990, BART and SamTrans entered into a Comprehensive Agreement Pertaining to BART System SFO Extension (the "BART/SamTrans Comprehensive Agreement"), which allocates responsibilities between BART and SamTrans for proceeding with necessary environmental work, funding, construction and operation of the BART extension to the vicinity of San Francisco International Airport. B. On or about June 19, 1996, BART and SamTrans entered into a Second Amendment to the BART/SamTrans Comprehensive Agreement (the "Second Amendment"), which, among other things, memorialized BART and SamTrans' agreement to take steps to implement a bike path along the BART-San Francisco Airport Extension Right of Way from Colma to Millbrae (the "Proposed Bike Path Project"). C. On or about September 1, 1998, BART and SamTrans entered into a Third Amendment to the BART/SamTrans Comprehensive Agreement (the "Third Amendment") which, among other things, memorialized BART and SamTrans' agreement that, in the event that neither the Proposed Bike Path Project nor the minimum requirements for the Proposed Bike Path Project are built, BART and SamTrans would contribute up to the two million dollars ($2,000,000) they would have expended to construct the minimum requirements for the Proposed Bike Path Project in accordance with the terms more fully set forth in the Third Amendment. D. On or about November 4, 1998, BART and the City entered into a Comprehensive Agreement Relating to the BART/SFO Airport Extension (the "BART/South San Francisco Comprehensive Agreement") which, among other things, reiterated BART's commitment to either construct the minimum requirements for the Proposed Bike Path or contribute its pro-rated portion of the up to two million dollars ($2,000,000) for the portion of the Bike Path located within the City in accordance with the terms more fully set forth in the Third Amendment. E. On October 10, 2002, the BART Board of Directors adopted a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Plan for the Bike Path Project. ~~~ ~~l F. To date, BART/SamTrans have expended approximately $210,000 to complete the planning, environmental process and advanced design for the Bike Path Proj ect. G. The City now desires to construct a linear park along a small portion of the Bike Path within the City (the "Linear Park") (collectively, the "Bike Path/Linear Park Project"). The Linear Park would extend from just north of South Spruce Avenue northward to Chestnut Avenue. A true and correct depiction of the Bike Path/Linear Park Project limits shown on an aerial photograph taken in March 2003 and marked-up by the Parties is attached as Exhibit "A." H. To date, the City has secured funds in excess of $4,700,000 to construct the Bike Path/Linear Park Project. 1. In exchange for BART and SamTrans' agreement to issue a permit to allow the City to construct, maintain and operate the Bike Path/Linear Park within the boundary of the property shown on Attached Exhibit A, the City agrees to provide all work and contribute all funding, including but not limited to any and all costs associated with issuing said permit, necessary for the construction, operation and maintenance of the Bike Path/Linear Park Project and to release BART and SamTrans from all of their obligations relating to the Bike Path pursuant to the BART/South San Francisco Comprehensive Agreement, the BART/SamTrans Comprehensive Agreement and any amendments thereto, together with any other agreements, verbal or otherwise, in connection with the proposed Bike Path Project. J. BART and SamTrans acknowledge that they have developed a joint process for issuing permits along the SFO Extension Project right of way to third parties to allow for construction and conditional use of areas within the BART right-of-way. K. The City acknowledges that issuance of the permit which is the subject of this MOD is a benefit to the City and agrees to cooperate with BART in its efforts to develop the remaining BART Property within the City in the future. L. The purpose of this MOD is to memorialize the understandings of BART, SamTrans and the City in connection with the Bike Path/Linear Park Project. AGREEMENT NOW, THEREFORE, BART, SamTrans and the City, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows: 47820,,6 Page 2 E. 47820v6 SECTION 1: BART AGREEMENTS In conjunction with SamTrans, BART agrees to issue to the City a thirty-year revocable permit (the "Permit") in the form shown on attached Exhibit "B," to enable City to construct, maintain and operate the Bike Path/Linear Park Project. SECTION 2: SAMTRANS AGREEMENTS In conjunction with BART, SamTrans agrees to issue to the City a thirty-year revocable permit in the form shown on attached Exhibit B to enable City to construct, maintain and operate the Bike Path/Linear Park Project. SECTION 3: CITY AGREEMENTS A. As set forth more fully in attached Exhibit B, the City agrees to construct the Bike Path/Linear Park Project in accordance with plans which must be approved in writing by BART at least (10) days prior to any construction of the Bike Path/Linear Park within the City. B. As set forth more fully in attached Exhibit B, the City acknowledges and agrees that BART and SamTrans control the area that will be occupied by the Bike Path/Linear Park. As such, the City acknowledges and agrees that, after issuance of the permit, BART will retain all existing rights of access to BART's subsurface facilities for any purpose, together with the right to transfer any such rights to any third party for any purpose. C. As set forth more fully in attached Exhibit B, City agrees that it will not use any real property within the Bike Path/Linear Park or any real property now owned or controlled by City that is contiguous to the Bike Path/Linear Park area in a manner that would materially interfere with, damage or endanger BART's public transportation facilities or construction, reconstruction, operation, maintenance, possession, replacement, enjoyment or use thereof, including rights of access thereto. D. The City understands and acknowledges any and all disadvantages or adverse conditions which may exist or which may hereafter arise by reason of the proximity ofthe Bike Path/Linear Park to BART's rapid transit facilities. As set forth more fully in attached Exhibit B, the City acknowledges and agrees that the Bike Path/Linear Park area is subject to any and all easements of record that are prior in right and title and that City's rights hereunder are junior and subordinate to the rights of the holders of such easements, and City hereby covenants that its uses of the said area shall not interfere with the rights of the holders of such prior easements, including rights of access thereto. Page 3 47820v6 F. As set forth more fully in attached Exhibit B, the City acknowledges and agrees that it will not assign its rights or any of them arising hereunder except with the previous written consent of BART and/or SamTrans, as appropriate. Subject to the foregoing, the obligations arising hereunder shall be binding upon and shall inure to the benefits of the Parties to this MOD, their respective successors and assIgns. G. As set forth more fully in attached Exhibit B, the City agrees to pay all costs associated with issuing the Permit which is the subject ofthis MOD. H. The City agrees to construct, maintain and operate the Bike Path/Linear Park at its sole cost and expense for the life of said Permit. 1. The City acknowledges and agrees that, upon the Effective Date of this MOD, it will be solely responsible for all liability in connection with the Bike Path/Linear Park Project. To that end, it is understood that neither BART nor SamTrans nor any officer, agent or employee of BART or SamTrans is responsible for any damages or liability occurring by reason of anything done or omitted to be done by the City, its directors, officers, agents and employees, under or in connection with this MOD. It is also understood and agreed that, pursuant to Government Code Section 895.4, the City will fully indemnify, hold harmless and defend in any claim or litigation, BART and/or SamTrans, their officers, agents and employees form any damage or liability occurring by reason of anything done by the City, its directors, officers, agents and employees under or in connection with any work, authority or jurisdiction delegated to the City under this MOD. The duty of the City to indemnify and hold harmless, as set forth above, shall include the duty to defend as set forth in Section 2778 of the California Civil Code, provided, however, that nothing herein shall be construed to require the City to indemnify BART and/or SamTrans, their officers, agents, and employees against any responsibility or liability in contravention of Section 2782 of the California Civil Code. J. The City acknowledges that any of the permitted land to be used as parkland may be subject to applicable parkland preservation and reservation requirements under Federal or State law. K. The City acknowledges and agrees that the portions of the Bikepath/Linear Park Property crosshatched in red on attached Exhibit A are to be used solely as a bikeway and that said bikeway is designated as non-recreational in nature, is not significant for recreational purposes and will be utilized primarily as an integral part of the local transportation system. L. The City agrees to indemnify BART and SamTrans for any and all loss or injury associated with City's failure to clearly delineate the BART Property, the Bikepath property and the Linear Park property. Page 4 M. The City acknowledges and agrees that none of the remaining BART property within the City is to be used as part of the Bike Path/Linear Park Project, and further agrees to make BART whole in the event that any such BART property is used as parkland or becomes subject to restrictions applicable to parkland in connection with the Bike Path/Linear Park Project. N. The City acknowledges and agrees that BART/SamTrans' issuance ofthe Permit in connection with the Bike Path/Linear Park fully satisfies all of BART and SamTrans' obligations, financial or otherwise, to the City under the BART/SamTrans Comprehensive Agreement, the BART/South San Francisco Comprehensive Agreement or any other other agreement in connection with the Bike Path and/or Linear Park. Accordingly, the City hereby releases and waives any and all of its rights to collect funds from either BART or SamTrans in connection with the proposed Bike Path and/or Linear Park. O. The Parties agree that the development of transit-oriented development in City districts appropriate for such development, including implementation of the South San Francisco BART Transit Village Plan, is a desirable objective. The parties shall cooperate when possible to enact appropriate zoning code amendments for BART property when such amendments will result in mutually beneficial development. P. The City agrees that portions of the Bike Path/Linear Park may be combined with contiguous properties to increase the number of units and/or the potential for future development that may be allowed on said contiguous properties. The City further agrees to cooperate with BART and SamTrans in considering future ordinances and development plans affecting the BART Property within the City and that the proceeds from any sale or transfer of any BART Property will accrue to BART and/or SamTrans, as appropriate. SECTION 4: MUTUAL AGREEMENTS A. All notices hereunder may be given by personal delivery, US Mail, courier service (e.g. federal express) or telecopier transmission. Notices shall be effective upon receipt at the following addresses: To BART: The San Francisco Bay Area Rapid Transit District Attention: Laura Giraud Right of Way Management Division 47820v6 Page 5 300 Lakeside Drive, 22nd Floor Oakland, CA 94612 Tel: (510) 464-7582 Fax: (510) 464-7583 To City: City of South San Francisco Attention: Barry Nagel, City Manager 400 Grand Avenue South San Francisco, CA 94080 Tel: (650) 877-8500 Fax: (650) 829-6609 To SamTrans: San Mateo County Transit District 1250 San Carlos Avenue San Carlos, CA 94070 Attention: Real Estate Department Manager B. Nothing in this MOD is intended to nor does it establish the Parties as partners, co-venturers or principal and agent with one another. C. This MOD shall be interpreted under and pursuant to the laws of the State of California. The Parties agree that the jurisdiction and venue of any dispute between the Parties to this Agreement shall be the Superior Court of San Mateo County. D. This MOD represents the full, complete and entire agreement of the Parties with respect to the subject matter hereof, and supersedes any and all other communications, representations, proposals, understandings or agreements, whether written or oral, between the parties hereto with respect to such subject matter. This MOD may not be modified or amended, in whole or in part, except by a writing signed by an authorized officer or representative of each ofthe Parties hereto. AGREED, AS OF MAY _, 2006 BART SAMTRANS CITY By: By: By: Title: Title: Title: 47820\'6 Page 6 PERMIT NO, Bike Path\Linear Park City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 PERMIT TO ENTER Subject to the following covenants, terms, conditions and restrictions, the San Francisco Bay Area Rapid Transit District (hereinafter "District" or "BART") and the San Mateo County Transit District (hereinafter "SamTrans") hereby grant permission to The City of South San Francisco (hereinafter "Permittee", or "City") (collectively, the "Parties") to construct, own, operate and maintain a bicycle path, enhanced in certain areas by a linear park (hereinafter the "Bike Path\Linear Park") upon property owned by SamTrans upon which BART owns, operates and maintains a subway system and associated other surface and subsurface transit facilities, located between Huntington Avenue and the South San Francisco BART Station in the Cities of San Bruno and South San Francisco, County of San Mateo, (hereinafter" Premises"), as shown on Exhibit" A," attached hereto and incorporated herein by reference. 1 . This Permit shall commence upon execution by all parties and shall expire on , subject to prior rights of termination as addressed herein. 2. BART and SamTrans waive their respective permit processing fees, only, associated with this Permit. Permittee agrees to reimburse BART and SamTrans for the actual cost and expense to BART and or Sam Trans of furnishing any materials or performing any labor in connection with this permit, including, but not limited to, the review of plans and specifications, the installation and removal of any falsework or other protection beneath or along railroad tracks, and the furnishing of such security persons, flaggers and inspectors as BART and SamTrans deems necessary. BART fees shall be calculated pursuant to the current Fee Schedule authorized by the BART Board of Directors. 3, Permittee's right to use the Premises shall be non-exclusive and non-transferable, and shall be for the sole purpose of constructing, owning, and operating and maintaining the Bike Path\Linear Park. Permittee acknowledges that the portions of the Bikepath/Linear Park Property crosshatched in red on Exhibit A to the Memorandum of Understanding among BART, SamTrans and the City of South San Francisco in Connection with the Bike Path Linear Park within the City by and among BART, SamTrans and the City (the "BART/SamTrans/South San Francisco MOU") are to be used solely as a bikeway and that said bikeway is designated as non-recreational in nature, is not significant for recreational purposes and will be utilized primarily as an integral part of the local transportation system. 4. b. Overnight parking is prohibited on District's and SamTrans' property, The terms of the MOU are incorporated into this Permit in their entirety. Permittee shall comply, at Permittee's expense, with all applicable laws, Page 1 of 6 a. c. 49957,,1 1219917.1 regulations, rules and orders with respect to the use of the Premises, regardless of when they become or became effective, including, without limitation, those relating to construction, grading, signage, health, safety, noise, environmental protection, hazardous materials, waste disposal and water and air quality, and shall furnish satisfactory evidence of such compliance upon request of BART and SamTrans. Before beginning work on the Property, Permittee shall also obtain, at Permittee's expense, any and all permits, licenses and approvals required for construction, ownership, operation and\or maintenance of the Bike Path\Linear Park and shall provide BART and SamTrans with copies of such approvals upon request. d, Under no circumstances shall Permittee damage, harm or take any rare, threatened or endangered species on or about the Premises. e. This Permit is made subject and subordinate to the prior and continuing right and obligation of SamTrans and BART, and their successors and assigns, to use the Premises in the performance of their transportation operations. There is reserved unto SamTrans and BART, and their successors and assigns, the right to construct, reconstruct, maintain and use existing and future facilities and appurtenances, including, without limitation, existing and future transportation, communication, railroad tracks and pipeline facilities and appurtenances in, upon, over, under, across and along the Premise, Such rights also also include, without limitation, the right to access BART's subsurface transit facilities through the surface of the Premise. f, This Permit is made subject and subordinate to the prior and continuing right of SamTrans and BART, and their successors and assigns, to use the Premises, or transfer rights to any third party the right to use the Premises, for any purpose that will not unreasonably interfere with the City's use of the Bike Path/Linear Park. Any funds derived from the use or transfer of the Premises to a third party shall accrue to BART and SamTrans without limitation. g. This grant is made subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens and claims of title that may affect the Premises. The word "grant" shall not be construed as a covenant against the existence of any of these or establish any ownership interest in the Premises. This Permit is nonexclusive and nonpossessory. Permittee must allow access to the Property by other parties possessing prior rights, unless separate arrangements are made with such parties. h. Permittee's construction of the Bike Path/Linear Park shall be performed in accordance with plans and specifications approved in advance and in writing by BART. Any revisions and amendments to the approved plans and specifications pertaining to the construction of the Bike Path/Linear Park must be approved in writing by BART. Permittee shall submit BART and SamTrans three (3) sets of construction plans and Permittee shall not begin any work on the Premises until notified by BART and SamTrans that such plans have been approved. BART's and SamTrans' approval for these limited purposes shall not relieve Permittee from liability arising out of performance of the work described in the plans or lead to an assumption of design or construction responsibility on the part of BART and\or SamTrans. Approval by BART and or SamTrans shall not constitute a warranty by BART and/or Sam Trans that such plans conform to applicable federal, state, and/or local codes and regulations. 5. The cost of repair and any and all losses caused by Permittee's damage to any Page 2 of 6 49957,,1 1219917.1 BART or SamTrans property or facility, or resultant loss of service, shall be at the sole expense of Permittee. Any damage to BART or SamTrans property or facilities shall be repaired or remedied by Permittee, BART or SamTrans, at BART's and SamTrans' discretion, and at Permittee's sole cost and expense. Permittee agrees to reimburse BART and\or SamTrans, as appropriate, promptly for any such damage. 6. Permittee shall have the duty and agrees to exercise reasonable care to properly maintain BART's and SamTrans' property pursuant to this Permit, including, but not limited to, removing debris dumped or placed on the Premises during the term of this Permit, from any source, and to exercise reasonable care inspecting for and preventing any damage to any portion of BART's or SamTrans' property. Permittee shall bear the entire cost of maintaining and operating facilities installed by Permittee on the Premises. 7. Permittee acknowledges that said Bike Path\Linear Park constitutes an encroachment upon either BART's or SamTrans' property and agrees to perform all work associated with said Bike Path\Linear Park in accordance with and subject to the provisions of this Permit, applicable provisions of the "General Terms and Conditions Relating to Utility Permits," attached hereto as Exhibit IJB" and incorporated herein by reference, and all applicable state and local laws. Where there is a conflict between the provisions of this Permit and the "General Terms and Conditions Relating to Utility Permits," this Permit shall prevail. 8. Permittee agrees to notify BART's Construction Liaison, at (510) 464-6445, at least 14 calendar days prior to commencement of any construction activities upon the Premises. Should Permittee require any utility hook-ups, Permittee will obtain all necessary permits and pay all fees in connection therewith, Permittee shall not engage in any activity on BART or SamTrans property until all necessary permits, licenses and environmental clearances have been obtained. 9. Permittee shall not (a) use, generate, or store, or allow its employees, contractors or agents to use, generate, or store any Hazardous Materials on the Premises, except for those materials required to perform the work associated with the Bike Path\Linear Park as permitted under this Permit and in compliance with all federal, state and local laws and regulations for the protection of the environment, human health and safety, as now in effect or hereafter amended (hereinafter IJEnvironmental Laws"); or (b) release or dispose of, or allow its employees, contractors or agents to release or dispose of, any Hazardous Materials on the Premises. IJHazardous Materials" are those materials now or hereafter (a) defined as hazardous substances or hazardous wastes pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. section 9601 et seq.) or the Resource Conservation and Recovery Act (42 U.S.C section 6901 et seq.); (b) listed in the Hazardous Substances List, Title 8, California Code of Regulations, G.I.S.0, Section 337-339, or those which meet the toxicity, reactivity, corrosivity or flammability criteria of the above Code; (c) characterized, regulated or subject to permitting or warning requirements as hazardous or toxic materials, substances, chemicals, pollutants, contaminants or wastes, or as materials for which removal, remediation or disposal is required, under any Environmental Laws; or (d) otherwise posing a present or potential hazard to human health, welfare or the environment. 10. BART and SamTrans shall at all times have the right to go upon and inspect the Premises and the operations conducted thereon to assure compliance with any of the requirements in this Permit. This inspection may include, but is not limited to, taking Page 3 of 6 49957vl 1219917.1 samples of substances and materials present for testing. BART shall notify Permittee if maintenance of the Premises does not meet the requirements of Section 6 above after which Permittee shall have 30 days to correct the condition. If the condition is not corrected within 30 days, BART shall correct the condition at Permittee's sole expense. 11 . Permittee shall be responsible for and bear the entire cost of removal and disposal, in compliance with Environmental Laws, for all Hazardous Materials and non-hazardous wastes introduced to the Premises during Permittee's use and possession of the Premises. Permittee shall also be responsible for any remediation on or off the Premises necessitated by such Hazardous Materials or non-hazardous wastes. As used herein, Jlremediation" includes any investigation or post-cleanup monitoring that may be necessary in compliance with Environmental Laws. For purposes of disposal, Permittee shall be the generator of any such Hazardous Materials and shall provide a generator identification number on manifests for such disposal as required by Environmental Laws. 12, To the extent that any New Environmental Condition is caused by, or any Pre- existing Environmental Condition is contributed to, or exacerbated by, Permittee's acts or omissions (including those of its employees, contractors and agents) during its use and possession of the Premises, Permittee shall, at BART's and SamTrans' discretion, either (a) perform remediation of such New Environmental Condition or Pre-Existing Environmental Condition, at Permittee's cost and expense, in compliance with Environmental Laws and subject to the approval of a governmental agency with jurisdiction; or (b) indemnify BART and SamTrans, (hereinafter Jllndemnitees") against all costs incurred by District or SamTrans in performing remediation of such New Environmental Condition or Pre-Existing Environmental Condition. A JlNew Environmental Condition" is defined as the release or threatened release of Hazardous Materials on, about, under or emanating from the Premises as of the commencement date of this Permit. A JlPre-Existing Environmental Condition" is defined as the release or threatened release of Hazardous Materials on, about, under or emanating from the Premises prior to the commencement date of this Permit. 13. Permittee agrees to assume responsibility and liability for, and defend, indemnify and hold harmless Indemnitees, their directors, officers, agents and employees from all claims, demands suits, losses, damages, injury, and liability, direct or indirect (including any and all costs, fees and expenses in connection therewith) arising from the introduction on the Premises of any Hazardous Materials or non-hazardous wastes by Permittee (including its employees, contractors and agents) or from any New Environmental Condition caused by, or any Pre-existing Environmental Condition contributed to or exacerbated by, the acts or omissions of Permittee (including those of its employees, contractors and agents) during its use and possession of the Premises. 14. Permittee agrees to assume responsibility and liability for, and defend, indemnify and hold harmless Indemnitees, their directors, officers, agents and employees from all claims, demands, suits, losses, damages, injury, and liability, direct or indirect (including any and all costs, fees and expenses in connection therewith) in connection with the construction, use, operation and maintenance of the Bike Path\Linear Park, except to the extent such losses are caused by the gross negligence or willful misconduct of BART or SamTrans. Permittee agrees at their own cost, expense and risk to defend any and all actions, suits, or other legal proceedings brought or instituted against the Indemnitees, their directors, officers, agents and employees arising from the acts or omissions of Permittee, its employees, contractors and agents in connection with the construction, Page 4 of 6 49957vl 1219917.1 use, operation and maintenance of the Bike Path\Linear Park pursuant to this Permit, and to pay and satisfy any resulting judgments, settlements or other expenses associated therewith. 15, To the extent that a governmental agency with jurisdiction requires remediation of any Pre-Existing Environmental Condition that is discovered as a result of Permittee's activities pursuant to this Permit, and is not contributed to or exacerbated by the acts or omissions of Permittee, its employees, contractors or agents, Permittee shall, at the BART's and SamTrans' discretion, either (a) perform remediation of such Pre-Existing Environmental Condition, at Permittee's cost and expense, in compliance with Environmental Laws and subject to the approval of a governmental agency with jurisdiction; or (b) indemnify Indemnitees against all costs incurred by Indemnitees in performing remediation of such Pre-Existing Environmental Condition. 16. Permittee agrees that no easement, lease or other property right is acquired by Permittee through this Permit. 17. Upon any use of BART or SamTrans property by Permittee other than that authorized by this Permit, or upon failure of the Permittee to conform to any of the terms and conditions of this Permit, BART or SamTrans may terminate this Permit immediately. 18. As a condition precedent to the effectiveness of this Agreement, Insurance shall be provided by Permittee as stated in Exhibit "C" and Exhibit "C-2" attached hereto and incorporated herein by reference. Insurance shall be approved by the Insurance Managers for BART and SamTrans prior to any use of the Premises. 19. All notices hereunder may be given by personal delivery, US Mail, courier service (e.g. federal express) or telecopier transmission. Notices shall be effective upon receipt at the following addresses: To BART: San Francisco Bay Area Rapid Transit District Attention: Laura Right of Way Management Division 300 Lakeside Drive, 22nd Floor Oakland, CA 94612 To City: City of South San Francisco Barry Nagel, City Manager 400 Grand Avenue South San Francisco, CA 94080 Tel: (650) 877-8500 Fax: (650) 829-6609 To SamTrans: San Mateo County Transit District Page 5 of 6 4995hl 1219917.1 1250 San Carlos Avenue San Carlos, CA 94070 Attention: Real Estate Department Manager SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT By Date Laura Giraud Manager, Right of Way Management Division SAN MATEO COUNTY TRANSIT DISTRICT By Date Name Title Approved as to form ACCEPTED CITY OF SOUTH SAN FRANCISCO By Date Name Title G:\Laura\SSFBikePathpermitVersion 10 49957,,1 Page 6 of 6 1219917.1 ,1\ K" ~ '~" '~ ,,,; i-- ~ .,[ I .i?/~ rJJ': i:"i~',:II-f~'~Ij>J"~:;'Jt F. 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'" ,~. ....;,,-, '~)"';' >" ""', , t: ...' ~'.,\" '~\." ,<~'\:+ ;', <I 'j' t J " )~~f:.t.;!, I)":') , .{ (.J; i ,'''" ,I. I .~~~--. '''I 'c)?~ ''''.1;", r. .....LII.1i .,.,~ "'-\ '; '.'\,\, "~EG~jD: . ., # ".., 'f'" ,.." .~ ';;'':.1\1 I j.(Af~C l~lUlt Bcl~ . . , ~ ' . .\.. ."", I,#/lj.lh -{;~" li,~4l"J1)1~ET--O) ,",' ~." I ' ....' LlW~AI~"'ff.\RK':~h't, ..:....li. 1 ,,:II\!'if.,IRAII . ! 1, ,),I~~~fPr~ci.!)r:~r it --,--------~----_.~--_._-~-_.._-------- \ i:.-:'"::j. I , l ... :.. Jj , ,J......, , ......___,,::::..0... l '( .'~ MISSION '1' \'~1:'~ ~... !.~;,'~' '." ,JJ. -', · I.." -.-)I;I!..:-,.J....j 1 i \.l ,I. . ,~ ,; .:.)-r:- ~. ,j1~J!J;~~\!~, (, J' 't ,:" . ~ '. ~ tf"i:a '\~.J\::);,~~tt~~J BIKE PATH-LlNEARlpARK EXHIBIT )I ROAll . .... ......J';Jl1ll~.:... ..1;. /,,-1.,, i " ~..... ~ ---""~ J r.o ", I ?,_ ~ '~''"'$ " '~. #~ ;4-:;"'ii '" ~:.;.:. .,. ~ 1111 .. ,,;;-=--,~.::, Legend: Yellow dotted line - Boundaries of BART property Bold white line - Bike path alignment . Red cross-hatch area - Indicates BART property where Linear Park enhancements are permitted . White line only (no cross-hatch) - restricted to bike path only on BART property Thin red line - PO & E, Jefferson-Martin Power Line l = - ~ ~ . ~~\ o C"l l>- -I ~ ~ <--,,; 0 ~l~~ Staff Report AGENDA ITEM #9 DATE: May 24, 2006 TO: Honorable Mayor and City Council FROM: Marty VanDuyn, Assistant City Manager SUBJECT: SOUTH CITY LIGHTS - REVIEW OF EXTERIOR PAINT COLORS AND ROOF TILES FOR A SIX-BUILDING, 280-UNIT RESIDENTIAL CONDOMINIUM PROJECT LOCATED ON THE WEST SIDE OF GELLERT BOULEVARD, NORTH OF WESTBOROUGH BOULEVARD. CASE NO. APPLICANT: PUD-00-053 Watt Communities RECOMMENDATION It is recommended that the City Council accept the recommendation of the Planning Commission and confirm the Acting Chief Planner's approval of exterior paint colors and roof tiles for the South City Lights project. BACKGROUND / DISCUSSION The 2002 approval of the Marbella Housing project, now known as South City Lights, included a condition requiring submittal of a final color and materials board for review and approval by the Chief Planner. Given the prominence of the project staff felt it appropriate to provide an opportunity for the decision makers to weigh in on this matter. The developers of the project have concern that the colors selected by the previous owners were too bold and wish to revise them to what they deem a more "timeless" palette, as depicted in the attached renderings. They have also agreed to paint mock-up areas in the field for the Commission and Council's review prior to finalizing the painting scheme. The major concern they have currently is a timing issue with ordering roof tiles. Consequently, while they would like approval of the paint palette, their primary goal is Council's endorsement of the roof tile color. The Design Review Board discussed the colors and materials at its April meeting and recommended approval of all three paint schemes but recommended a single roof tile throughout (Color #3555- "Alhambra"). The Planning Commission subsequently reviewed the proposal at its May 4, 2006 meeting and noted some concern about the roof tile color, feeling it was a bit too brown, and requested that the developer prepare a mock-up in the field so they could better envision how it would look on site. The developer has complied with this request; it is located adjacent to the sales model and available for the Council's review. Staff Report Subject: South City Lights Page 2 of2 At its May 18, 2006 meeting, the Planning Commission took action to recommend the Council give its approval to the proposed colors and roof tiles, with the understanding that the applicant will provide an opportunity for the Planning Commission and City Council to review and approve the final paint colors in the field. CONCLUSION It is recommended that the City Council accept the recommendation of the Planning Commission to confirm the Acting Chief Planner's approval of the paint colors and roof tiles for the South City Lights project. By: ~ BY"~ \ r:P . arry ~agel City Manager Attachment: Colored Rendering II{ "jof ~ _______-...1 ,/" - Building: "A, 0, E, & F Elevations _CQlo f__S_cheme_ _t:,_ B_ui ldiJ)gs~_ t_& _4_ _ __ _____ __ _____ ______ __ u__ __ __ __u _____ n___ Color Scheme 2 - Building 2 Color Scheme 3 - Building 6 Note: Entrance faces away from Gellert Blvd If r I - '~r \"" South City Lights Building 'A' Elevation "'" " ''''\ /, - _J South City Lights Building 'c' Elevation (J' 'b\ / - ( ~ ..~ ( ~. ''r Color Scheme 2 Building 3 Note: Recreation Room. Rear elevation faces Gellert Blvd ~----------------- AGENDA ITEM #10 DATE: May 24, 2006 TO: Honorable Mayor and City Council FROM: Steven T. Mattas, City Attorney SUBJECT: ADOPT AN ORDINANCE AMENDING TITLE 2, CHAPTER 80, SECTION 030 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE, TO REDUCE THE MAXIMUM NUMBER OF MEMBERS ON THE CULTURAL ARTS COMMISSION. RECOMMENDATION: It is recommended that the City Council adopt an ordinance amending Title 2, Chapter 80, Section 030 of the South San Francisco Municipal Code, to reduce the maximum number of members on the Cultural Arts Commission, BACKGROUND/DISCUSSION Council has previously waived reading and introduced the following ordinance. The ordinance is now ready for adoption. ADOPT AN ORDINANCE AMENDING TITLE 2, CHAPTER 80, SECTION 030 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO REDUCE THE NUMBER OF MEMBERS ON THE CULTURAL ARTS COMMISSION. (Introduced on May 10, 2006 - Vote 5-0) BY:~ Steven T. Mattas City Attorney Approved B . Attachment: Ordinance ORDINANCE NO. AN ORDINANCE AMENDING TITLE 2, CHAPTER 80, SECTION 030 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO REDUCE THE NUMBER OF MEMBERS ON THE CULTURAL ARTS COMMISSION WHEREAS, the City Council desires to reduce the number of members ofthe Cultural Arts Commission to up to nine members. NOW THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows: SECTION 1. AMENDMENTS The City Council hereby amends section 030 of Chapter 80 of Title 2 of the South San Francisco Municipal Code, a follows: a. The first sentence ofthe Section is deleted in its entirety and replaced with the following sentence: "The cultural arts commission shall consist often members until the voluntary resignation of anyone member, after which time the cultural arts commission shall consist of up to nine members." SECTION 2. SEVERABILITY If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions ofthis ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective ofthe fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 3. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published once, with the names of those City Councilmembers voting for or against it, in the San Mateo Times, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. * * * * * Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 10th day of May, 2006. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the day of, 2006 by the following vote: AYES: NOES: ABSTAIN: ABSENT: As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this _ day of ,2006. Joe F emekes, Mayor