HomeMy WebLinkAbout1731 Adrian Road - Staff ReportCity of Burlingame Item No. 8a
Conditional Use Permit and Parking Variance Regular Action Item
Address: 1731 Adrian Road #14 Meeting Date: September 12, 2016
Request: Application for Conditional Use Permit and Parking Variance for a new commercial recreation facility
(personal training) in an existing commercial building.
Applicant and Architect: Wing Lee, Wing Lee Architects APN: 109-390-140
Property Owner: Steven Chou Lot Area: 67,039 SF (1.539 acre)
14 commercial condominiums
General Plan: Industrial and Office Use Zoning: RR, Automobile Overlay District
Environmental Review Status: The project is Categorically Exempt from review pursuant to the California
Environmental Quality Act (CEQA), per Section 15301 (a) of the CEQA Guidelines, which states that interior or
exterior alterations involving such things as interior partitions, plumbing and electrical conveyances, are is exempt
from env�ronmental review.
Project Description: The existing parcel has frontage on Adrian Road and was approved in 1987 for a 14-unit
commercial condominium building. The existing units are a mix of uses, including manufacturing, storage,
wholesale, and office. There is a 24-foot access and utility easement that runs along the left side of the property
and that provides access to the parcel at the rear (1717 Adrian Road) that has no street frontage. There is a 15-
foot utility easement that runs the length of the right side of the parcel.
Unit #14 is at the rear of the building and was previously occupied by an industrial company called Applied Practical
Technology that was a mix of office and storage. The applicant is proposing interior changes to the commercial
space for use as a commercial recreation facility. The floor plans show that the first floor will include reception and
retail spaces at the front of the building, a locker room and juice bar in the center of the first floor, and an equipment
storage and workout area at the rear. The existing mezzanine is also used as storage and that use is not proposed
to change.
Although the first floor ceiling will be extended to accommodate the new locker room and juice bar, the new ceiling
will have a T-bar construction that cannot bear weight. In addition, the existing pony wall on the mezzanine will
remain and the wall above the new ceiling will also be a pony wall (a half-height wall). Because the new area
adjacent to the exiting mezzanine is open to below and cannot be walked on, this area is not considered new floor
area. The existing commercial units at 1731 Adrian Road are not approved for any residential use and there is no
permanent cooking unit (stove or oven) proposed in the juice bar/kitchenette area of Unit #14. There are no exterior
changes proposed to the building.
Please refer to the attached Letter of Explanation and the Commercial Application to review the proposed
Commercial Recreation Use and the proposed hours. The applicant notes that he will be training only 1 client at a
time and that there will be no overlap in the scheduled appointment times for the clients.
There are a total of 48 on-site parking spaces on site that were approved with the original application, including 41
spaces along the left side of the building and 7 parallel spaces along the right side of the building. Of the total 48
on-site spaces, 37 are spaces assigned to specific units and 11 are guest parking spaces shared by the tenants
through the CC&R agreement. (Parking spaces are assigned to each unit in the following manner: Unit 1- 6
spaces, Unit 2- 2 spaces, Unit 3- 3 spaces, Unit 4- 2 spaces, Unit 5- 2 spaces, Unit 6- 2 spaces, Unit 7- 3 spaces,
Unit 8- 2 spaces, Unit 9- 3 spaces, Unit 10- 2 spaces, Unit 11- 3 spaces, Unit 12- 2 spaces, Unit 13- 3 spaces, Unit
14- 2 spaces). .The previous use for Unit #14 (office and storage) required 4 parking spaces and the proposed use
in that space (retail, storage, and commercial recreation) requires �parking spaces. The applicant is requesting a
��space parking variance. v
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Conditional Use Permit and Parking Variance 1731 Adrian Road #14
Planning Staff would note that there appear to be tenanted spaces on site for which no business license has been
�ssued and the City's Business License Division is pursuing these licenses (see attached List ofAvailable Current
Records, date stamped September 1, 2016). The owner of Unit #14 cannot be issued a business license unless
the current application is approved.
The applicant is requesting the following applications:
Conditional Use Permit for a commercial recreation use and for any non-auto related use in the
Automobile Overlay District (C.S. 25.44.030 (h) and Q) and 25.44.050,(b)(2)); and
■ Parking Variance for� spaces (C.S. 25.70.040).
1731 Adrian Road #14 �
�ot Area: �i,ti� 5 5r Plans date stam ed: Se tember 1, 2016
EXISTING PROPOSED ALLOWED/
REQ'D
Floor Area 2678 SF No change ' ---
unit #14: :
Ground floor: 2352 SF
Mezzanine: 326 SF
Use of Office 1St floor: 469.5 SF Total Office: 0 SF On site office is limited to
Floor Area 25% of the total building SF
in unit Storage 1 S` floor : 1882.5 SF Retail 1 St floor: 316 SF
#14: Storage mezzanine: 326 SF St 1987 Approved office space
Total Storage: 2209 SF Commercial Recreation 1 ! on site was 5,010 SF/ 14%
floor: 1194 SF inaximum office for the total
Storage 15t floor : 842 SF site, no more than 20%
! Storage mezzanine: 326 SF '; office in any single unit
! Total Storage: 1168 SF
Required 1987 approval of 48 on-site, Unit #14 previous uses �-space parking variance
parking existing spaces required 3.78/4 parking '� required
spaces
Unit #14 proposed uses ' �ow,�„��-1 �k
require 6J4/�spaces ��
c.e S :
Staff Comments: See attached memos from the Building, Engineering, Fire, Parks and Stormwater Divisions.
Planning Staff would note that application to the Planning Division was made on December 31, 2015. In April
2016, the owner changed architects. After a complaint was lodged about work being done on the site, the City of
Burlingame Building Division inspected Unit #14 and a Stop Work Order was issued on April 4, 2016 (see
attachments).
Study Meeting: At the Planning Commission study meeting on July 11, 2016, the Commission had comments and
questions regarding this project and voted to place this item on the regular action calendar when all information has
been submitted and reviewed by the Planning Division (see attached July 11, 2016 Planning Commission Minutes).
E
Conditional Use Permit and Parking Variance
1731 Adrian Road #14
The applicant submitted a response letter dated August 5, 2016 and revised plans date stamped September 1,
2016, to address the Planning Commission's questions and comments. The applicant has also submitted a second
parking survey and a list of the tenants in attendance at the HOA meeting when the proposed commercial
recreation use and parking variance were reviewed with existing tenants, both date stamped August 5, 2016. Listed
below are the Commission's comments and responses by the applicant. Please refer to the copy of the July 11,
2016, Planning Commission minutes included in the staff report for the complete list of Planning Commission
questions and comments.
1. Would like to see the CCBRs to confirm that what is being proposed is allowed;
• A copy of the original CC&Rs is included as part of the staff report. The applicant confirms that this
document has not been amended since its adoption in 1987.
2. Need clarification and confirmation of the parking situation on the site;
The applicant has revised Sheet A1.0 to reflect the current parking assignments for the site. The
information included on the plans has been confirmed by the HOA president (see email date stamped
August 5, 2016). Unit #14 has two assigned spaces. There are a total of 11 shared parking spaces (2
accessible spaces, 7 standard spaces, and 2 compact spaces) on the site. The 7 standard and 2 compact
spaces have a two-hour time limit. In addition, the applicant has submitted a second, more detailed
parking survey that is date stamped August 5, 2016.
3. The CC&Rs limit the amount of office in this development- assume this is due to parking issues. Is
Commercial recreation similar to office use with respect to the parking demand?
Staff would note that the Burlingame Municipal Code parking requirement for commercial recreation is 1
space per 2�6'SF. The parking requirement for office is 1 space per 300 SF (C. S. 25. 70. 040).
Zoo 5� — �.��`,re�-1G�i Z.-b i'l��r�
The original restrict�on of on-site office square footage to no ore than 14 % for the property was most
likely related to parking. However, the RR zoning also restricts otfice to a maximum of 25% of the total
building square footage for any property in the zoning district and a conditional use permit application can
be made for office exceeding 25%, but only if all the required on-site parking is provided. This restriction
was due in part to a desire to retain the industrial nature of the RR zoning district (C. S. 25.44.020(g) and
25. 44. 030(1))
The proposed application will reduce the office use in Unit #14 from 469 SF to 0 SF. The unit is proposed
to be divided into retail, commercial recreation, and storage spaces, and the parking requirement was
derived using the code stipulated parking for these three uses.
Findings for a Conditional Use Permit: In order to grant 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 proposed 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 commission may impose such reasonable conditions or restrictions as it deems necessary to
secure 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.
3
Conditional Use Permit and Parking Variance 1731 Adrian Road #14
Suggested Conditional Use Permit Findings: The proposed commercial recreation use will not be detrimental or
injurious or other property tenants as it will be compatible with the primarily industrial uses on the site. The
conditions of approval for the application limit the number of persons on site for the proposed use and restrict the
unit from being used as a residence, which will assure compatibility with the existing uses and with the land use
designation in the General Plan. There are numerous other commercial recreation facilities in the RR zoning area
that have typically been found to be compatible with other existing uses.
Required Findings for Variance: In order to grant a variance the Planning Commission must find that the following
conditions exist on the property (Code Section 25.54.020 a-d):
(a) there are exceptional or extraordinary circumstances or conditions applicable to the property involved that
do not apply generally to property in the same district;
(b) the granting of the application is necessary forthe preservation and enjoyment of a substantial property right
of the applicant, and to prevent unreasonable property loss or unnecessary hardship;
(c) the granting of the application 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; and
(d) that the use of the property will be compatible with the aesthetics, mass, bulk and character of existing and
potential uses of properties in the general vicinity.
Suggested Variance Findings (Parking): That the proposed commercial recreation use operates in a less
intense manner than typical gymnasiums because it will be used for personal training and will therefore generate
less traffic and fewer parking needs. The existing tenants on the site have been made aware of the application and
the parking study indicates available on-site parking during the hours of operation proposed for the commercial
recreation use and that the site can therefore accommodate the proposed use.
Planning Commission Action:
The Planning Commission should conduct a public hearing on the application, and consider public testimony and
the analysis contained within the staff report. Action should include specific findings supporting the Planning
Commission's decision, and should be affirmed by resolution of the Planning Commission. The reasons for any
action should be stated clearly for the record. At the public hearing the following conditions should be considered:
1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped
September 1, 2016, sheets A0.0 through E1.0; and that the business owner shall apply for a Burlingame
Business License prior to submitting to the Building Division for the required Building permit;
2. that any changes to the size or envelope of building, which would include changing or adding exterior walls
or parapet walls or increasing the size of the mezzanine, shall require an amendment to this conditional use
permit;
3. that the conditions of the Chief Building Official's February 4, March 21, and April 29, 2016, memos, the City
Engineer's January 8, 2016, memo, the Fire Division's January 27 and May 18, 2016, memos, and the
Stormwater Division's January 7, 2016, memo, and the Parks Division's January 13, 2016, memo shall be
met;
4. that demolition or removal of the existing structures and any grading or earth moving on the site shall not
occur until a building permit has been issued and such site work shall be required to comply with all the
regulations of the Bay Area Air Quality Management District;
5. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which
requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan
0
Conditional Use Permit and Parking Variance
1731 Adrian Road #14
and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require
a demolition permit;
6. that if the structure is demolished or the envelope changed at a later date, or if the use in the existing space
is changed, the parking variance as well as any other exceptions to the code granted here will become void;
7. that the commercial recreation business shall operate with a maximum of 2 persons on site, including the
trainer and client, that the space shall not be used for residential purposes at any time, and that the unit
shall not contain a permanent cooking unit (an oven or a stove top);
8. that any changes in operation, floor area, use, or number of employees, which exceeds the maximums as
stated in these conditions shall require an amendment to this use permit; and
9. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2013
Edition, as amended by the City of Burlingame.
Erika Lewit
Senior Planner
c. Wing Lee, applicant
Attachments:
ApplicanYs response letter to the Planning Commission, date stamped August 5, 2016
Minutes from the July 11, 2016 Planning Commission study meeting
List of attendance from the Condominium Owner's Association board meeting on July 22, 2016
Email from the president of the Condominium Owner's Association to the applicant, date stamped August 5,
2016
List oi current tenants at 1731 Adrian Road, supplied by the applicant, date stamped August 5, 2016
List of available current records for active business licenses at 1731 Adrian Road
CC&Rs for the 1731 Adrian Road Condominiums, date stamped August 5, 2016
Application to the Planning Commission (2 sheets)
Conditional Use Permit Application
Variance Application
Commercial Application
Parking Survey submitted by the applicant, date stamped June 24, 2016
Notice of Stop Work Order issued by the Burlingame Building Division for work done without a permit, dated
April 4, 2016
Staff Comments
Planning Commission Resolution (Proposed)
Notice of Public Hearing — Mailed September 2, 2016
Aerial Photo
5
Mr. Steven Chou
Owner/Trainer
SCFitness
1731 Adrian Road
Suite 14
City of Burlingame, CA 94010
August 2, 2016
City of Burlingame
Planning/Building/Fire Division
501 Primrose Road
Burlingame, CA 94010
REF: Building Permit Application for Tenant Improvement at 1731 Adrian Road, Suite 14, City
of Burlingame (APN: 109-390-140)
Dear Sir/Madam,
I am writing to you in regards to the tenant improvement permit application to be filed by Wing Lee
Architects.
As part of the Planning Department comments, I would like to clarify the proposed business in terms of
use, operation hours, number of employees, and the activities which are being proposed.
The proposed permit application is to renovate an existing warehouse/office space to become a
professional training facility. The professional consultation will be provided only by a certified personal
trainer (CTP) and it will include one-on-one sessions in strength development, cardio strengthening,
physical therapy, and muscle toning. The one-on-one consultations will focus on individual's needs and
the exercise programs will be developed based on parameters such as physical health, individual work
schedules, medical conditions, and general well-being.
Equipment that will be located in the Exercise Area will be typical health club and gymnasium uses that
will be manually adjusted to tailor to the patron's needs. For instance, tension bends and the range of
motion of the therapeutic equipment could be adjusted incrementally for proper tension. Data could
be collected for patron's record and evaluation. The equipment will include the following items:
- Squat rack
- Smith machine
- Deadlift platform
- Gluteham raise
- Hammerstrength isolateral row
- Hammer strength isolateral chest press
- Jacobladder
RECEIVED
AUG - 5 2016
CITY OF BURLINGAME
CDD-PLANNING DI'V.
- Plyobox
- Lat pull down machine
- Cable machine vectra
- Benches
- Dumb bell rack
In regards to the operation and business hours, the maximum number of visit per day are five
appointments. All sessions will be one-on-one training and consultation. There will be no overlapping
appointment between Trainer/Owner and his patrons. All physical and consultation are only available
through appointments. There are no walk-in meetings or consultations. The bathroom/shower/locker
room design will prohibits additional clients to be on site at the same time. Whenever there is no client
at site, I will be either providing online training or at-home training sessions.
The small display area by the main entry will be used equipment demonstration with different
equipment vendors. The subject exhibits will be rotated once every few months.
The kitchenette will be used as a meeting area for consultation before and after the training. The wet
bar area will provide supplements such as protein shakes and health drinks. It is essential to have
sufficient storage space for wellness and health related products for my clients. During business hours
in which no appointments are scheduled, the kitchenette area will be used as an office with
administrative work such as billing, exercise programming, scheduling, and etc. There is no cooking
stove at the kitchenette.
Existing mezzanine level will be used as storage and it will only be accessible to the Owner/Trainer
(myself).
Once again, I appreciate your effort reviewing the project and we look forward to hearing from you
regarding this permit application.
Yours Truly,
� /
Mr. Steven Chou
American College of Sports Medicine (ACSM)
Cooper Institute Certified Personal Trainer (CI-CPT)
�� City of Burlingame BURLINGAMECITYHALL
501 PRIMROSE ROAD
BURLINGAME BURLINGAME, CA 94010
� Meeting Minutes
Planning Commission
Monday, July 11, 2016 7:00 PM Council Chambers
a. 1731 Adrian Road #14, zoned RR - Application for a Conditional Use Permit and a
Parking Variance for a Commercial Recreation use. (Wing Lee, applicant and
architect; Steven Chou property owner) (25 noticed) Staff Contact: Erika Lewit
A/l Commissioners had visited the property. Commissioner DeMartini talked with the developer of the
property.
Senior Planner Key/on provided an overview of the staff report.
Questions of staff
> Parking assignment does not look like each suite has been assigned two spaces. Suite 1 has 6
spaces, and Suites 2, 7, 9, 11 and 13 have 3 spaces. On/y four spaces are unassigned. The information
provided by the applicant is not consistent with the onsite conditions. Wants to see a copy of the CC&Rs
and parking p/an. (Keylon: The applicant will need to provide that information.)
> Complaint was lodged about work being done. What was the nature of that comp/aint? (Keylon:
Building /nspector reported framing being done below the existing mezzanine without permit. That work
did not seem to be consistent with the plans being presented, so would need to be removed.)
Chair Loftis opened the public hearing.
Wing Lee represented the applicant, with property owner Steven Chou.
Commission questions:
> If there will only be two people on the premises at one time, at some point wouldn't someone else
come by as a visitor or drop in7 Expect there cou/d be three, maybe four at a time. (Chou: Wil/ be done
with appointment. Approach is to give full attention to client, would not have visitors coming in at same
time.)
> Do you have other p/aces where you teach? (Chou: Some people have gyms at their homes. Clients
range from 80 to 10 years o/d. A/so provides private chef services. Training is only a part of the
profession.)
> What is the Return on Investment (ROI) with just five people scheduled? (Chou: Used to have
equipment at home, now wil/ bring it here so will be storing equipment. A/so does some online coaching.)
> The stove seems unusual for a commercial building. Usually just a microwave and refrigerator.
(Chou: Minor use. Some people are very fitness-minded and will bring their food for before o� aRer a
workout, ready to go. This is a convenience for them.)
> There is a precedent for commercial recreation uses with variances for parking. There is a symbiotic
relationship with other businesses in the area in the hours of operation. The only path for the variance
would be that this is an unusual use, based on business plan with only the owner and the client on site at
any given time. However the plan has a reception area with some seats, a juice bar, washer dryer, and
very large closet space. Hard to accept and understand that there will be a maximum of two people on
the site at any one time. There is a logic to the Conditional Use Permit but hard to find the circumstances
for the Variance. (Lee: If there were multip/e people using the facility at the same time, the unisex
restroom and locker room would not work. Reception is for the "wow" effect. Juice bar idea wants a
casual seating arrangement indirect with each other that is less formal, wil/ not have three people sitting
there at the same time.)
City of Burlingame Page 1 Piinted on 9/8/2016
Planning Commission Meeting Minutes July 11, 2016
> Which parking spaces are assigned to this unit, and which are unassigned? (Lee: Condo map has
two assigned spaces for this unit. Cou/d not find the shared space in the CC&R document, will need to
talk to the agent.)
> Are the Visitor spaces al/owed for anyone to use, or just the space in front of the suite7 (Chou: Any
visiFor, whoever gets there first. Space 39 is the Visitor space for this unit, 40 and 41 are assigned to this
unit.) What about Space 36? (Chou: Would not need to use it with only two people on site at one time.)
> CC&Rs specify that no unit shall not be used for any purpose which would cause the total number of
parking spaces to be less than that required by the City. Does the association require going to the City to
get a variance, and would the granting of the variance be considered compliance with the CC&Rs7 (Lee:
With condominiums usually there is an HOA meeting to review the plan, but here there is no procedure
formalized for a project like this.) Wants to make sure there have been the necessary steps to make
sure this is allowed.
> CC&Rs limit the percentage of office space. Assuming this is for parking rules. Is type of use
considered similar to an office use in parking demand? (Lee: Client should talk to the other 13 owners
and request a letter from the owners saying they are OK with the proposed design and use.)
> Concern with noise and vibrations from people dropping weights.
> Where did the parking log data come from? (Lee: Not scientific, based on a recommendation from
the planner to do an informa/ log.)
Public comments:
Bob DeVincenze spoke on this item:
> Owns and operates a business at 1717 Adrian Road, to the west. Sheet metal manufacturing facility.
> Has 60-, 40- and 30-foot trailers coming in to supply the facility.
> The back of the building is vulnerable to having someone park parallel and b/ock trucks.
> There has been total cooperation from the 1731 Adrian Road occupants. Never had a problem.
> Concerned with the traffic from people coming for appointments and parking behind the building.
Chair Loftis closed the public hearing
Commission discussion:
> Would like to see the CC&Rs to make sure what is being proposed would be allowed.
> Wants to know the terms of the visitors' spaces, such as whether there is a time limit or if they can
be all day.
> It is an active area, particularly Units 1 and 2. Does not know how the spaces are being shared with
the different units.
> Just because the units and parking are vacant now does not mean they wrll be vacant in the future .
Depending on the other businesses parking could be an issue in the future.
> There is nothing on the west side of the building that says "No Parking." If people park there, there
could be an issue with blocking.
> If this was a clean application at its outset and just eva/uating the tenancy it would be one thing.
Di�cult given prior work done without a permit. Being asked to accept fhe veracity that there will be one
customer at one time in perpetuity.
> There is a precedent for accepting Commercial Recreation uses when a/l the details hold up and it
can be shown it won't cause prob/ems under the requirements of the Conditional Use Permit findings.
> It is a curious design with the juice bar and reception.
> If there are spaces reassigned by a neighboring unit, it is not reflected in the CC&Rs. For ihe
purpose of a variance the Commission is left with what is assigned in the CC&Rs.
There is no action on this item since it is a Study Item. It will return on the Regular Action Calendar.
City of Burlingame Page 2 Printed on 9/8/2016
1731 qDR1A1V ROAD
July 22, 2a16
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Wing Lee
From: Steven Chou <schou226@yahoo.com>
Sent: Friday, July 29, 2016 2:33 PM
To: Wing Lee
Subjed: Fwd: Welcome to 1731 Adrian!
There it is .. Have a good weekend
Sent from my iPhone
Begin forwarded message:
From: Bill Lindsell <bill@accessuniforms.com>
Date: July 29, 2016 at 2:00:18 PM PDT
To: "schou226C�vahoo.com" <schou226C�vahoo.com>
Subject: Welcome to 1731 Adrian!
Hello Steven, welcome to the 1731 Adrian HOA! I wish you al] the success with your
venture. Looks like the build out is going to be spectacular!
In regards to our conversation about parking, since you are doing 1 on 1 training I know you
won't have any issues. You have 2 assigned spots and then 9 more Visitors spots throughout the
complex. These visitor spots have a 2 hour limit and are used infrequently for short periods of
time in my experience here over the last 17 years.
In the off chance you have need for additional parking you are welcome to use any of iny 6
assigned spots that are unoccupied. As you may not know my unit is double the size of all the
other units therefore I have inore parking adjacent to my unit.
Once again good luck and welcome to the corrununity!
Best Regards, Bill
William C. Lindsell
President
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• �'�1a �a
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1731 Adrian Rd. #1
Burlingame, CA 94010
Ph 650 697-7550 800 288-1108
Fx 650 697-7551
Ce11650 892-6581
www. accessuniforms. com
www.access-Ink.com (Design Tool)
REC�IVED
AUG - 5 �015
t,ITY OF BURLINGAME
CDD-?L�`+NNING D!V.
Adrian Rd. HOA
nit Owner
1 Willi�m & Sandra Lindsell
Access Unif & Embroider�
2 Red Rooster Capital, LLC
3 iNick Koozmin
4 Geraldine Forrester
5 Raymond &
Ting-Sheng Chen
6 Raymond &
Ting•Sheng Chen
7 A. Ghfozzi Landscape, Inc.
S �A. Ghiozzi Landscape, Inc.
9 �Richard Izmirian
10 Mr & Mrs Robert Mantegani
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��� co � p- 11 Mr & Mrs Robert Mantegani
/ � Z z
' ' � � Z 12 George Hsu
y � m
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14 ISteven Chou
1731 Adrian Rd., t#1
8urlingame, 94010
1731 Adrian Rd., #2
Burlingame, 94010
211 Del Norte Dr.
San Bruno, CA 94066
2225 Forest View Ave
Hillsboraugh, CA 940]0
1762 Quesada Way
Burlingame, CA 94010
1731 Adrian Rd., q6
Burlingame, 94010
1731 Adrian Rd., q7
Burlingame, 9A010
1731 Adrian Rd., #t7
Burlingame, 94010
2215 Eaton Ave.
San Carlos, CA 94070
501 Woodside Ct.
So. San Francisco, CA 94080
501 Woodside Ct.
So. San Francisco, CA 94080
1731 Adrian Rd., tt12
Burflngame, 94010
1641 Toyon Ct,
San Mateo, CQ 94403
1731 Adrian Rd., #14 n„a,'l
Burlingame, 94010 �.�
Owner Contect
W k: 650-697-7550
C: 650-892-6581
Contact:Jonathan Tang
617-290-2988
415-867-3208
Res:650-952-0408
Wk: 650-897-3580
Res: 650-340-7926
C: 650-340-7936
650-692-7783
408-310-3788
Wk: 650-692-7783
C: 650-692-1762
W k: 650-692-5900
650-348�0462
W k: 650-692-5900
650-348-0462
Fax:650-692-0103
Wk: 650-342-3200
Res:650-592-9595
W k: 650-678-5460
Res:650-589-1440
C: 650-589-0838
650-345-7722 ext.207
650-678-5460
415-306-9128
650-580-7770
Wk: 650-697-7477
L: 650-697-7479
Res; 650-286-9402
C: 949-378-8241
W � 1-(c (-t M� J..2c
Kim C:415-3]7-2804
✓� � I—.'i r. , I Tn G
C:650-400-6913
n - C: 650-400-8912
415-596-6815
Atlas Glass - Carmen Sutter
bobcsgtecs.com
Technologies
��.l.lG YC� �C'; LI_�
Res: 30 Blackhawk Lane
BurflnRame, 94010
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LIST OF AVAILABLE CURRENT RECORDS
ID BUSINESS/OWNER NAME BUSINESS ADDRESS
05261 A GHIOZZI LANDSCAPE, INC
06557 ACCESS UNIFORMS & EMBROI
29265 ATLAS GLASS CO, INC
29715 JUNO POWER LLC
30128 KLESIS LAND, INC
14656 WELFORTH INC
1731 ADRIAN RD -7&8
1731 ADRIAN RD #15;
1731 ADRIA- RD #9
1731 ADRI �RD. #12
1731 ADRIAN RD #6
1731 ADRIAN RD #5
EXP SIC
17 0781
17 5999
17 1799
17 7389
17 5131
17 7389
��������
SEP -1 2016
CITY OF BURLI'NGAME
CDD-PLRNNING DIV.
RECORDING REQUESTED BY:
CHICAGO TITLE �
9o�oia_
WHEN RECORDED RETURN TO:
GEFtAi,D S. CAUCHI
1001 S. EL CAMINO REAL
SAN �IATEO, CA. 94402
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIOC�S
FOR THE
1731 ADRIAN WAREHOUSE/OFFICE CONDOMINIUMS
A Condominium Project
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RECEIVED
AUG - 5 2016
CITY OF BURLINGAME
CDD-PLANNING DIV.
�
ARTICLES
1.
TABLE OF CONTENTS
OF
DECLARATION O�' CQVENANTS,
CONDITIOL�tS AA1D RESTRICTIONS
FOR THE
1731 ADRIAN WAREHOUSE/OFFICE CONDQMINIUMS
A Condominium Project
RECITALS
1.1 Facts
I.2 Applicability of Restrictions
2, DEFINITIONS
2.1 Additional Charges
2.2 Appraisal
2.3 Articles
2.4 Association
2.5 Soard
2.6 By-Laws
2.7 City
2.8 Common Area
2,9 Condominium
2.10 County
2.11 Declarant
2.12 Declaration
2.13 Eligible Holder
2.14 First Mortgage
2.15 First Mortgagee
2.16 Improvements
2.i7 Instztutionai Mortgagee
2.18 Invitee
2.19 P9anager
2.20 Map
2.21 Meraber
2.22 Mortgage
2.23 Mortgagee
2.24 votice and Hearing
2.25 Owner
2.26 Parking P1an
2.27 Parking Space
2.28 Pian
2.29 Praject
2.30 Project Documents
2.31 Public Purchaser
2.32 Restricted Common Area
2.33 Ru1es
2.34 SuQject Property
2.35 Unit
PFIGES
1.1
1.1
1.1
2.1
2.1
2.1
2.1
2.1
2.1
2.1
2.1
2.1
2.1
2.2
2.2
2.2
2.2
2.2
2.2
2.2
2.2
2.3
2.3
2.3
2.3
2.3
2.3
2.3
2.3
2.3
2.3
2.3
2.4
2.4
2.4
2.�
2.4
2.4
2.4
z.
3. OWNERSHIP AND EASEMENTS
3.1 Ownership of Units
3•2 Ownership of Common Area
3.3 Non-Severability
3.4 Easements
3.5 Judicial Partition
�
5.
�
COMMON
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
AREA
Use of Common Area Generally
Parking
Storage of Waste Materials
Antennas
Roof
Invitees
Maintenance of Common Area
Alterations to Cornmon Area
Maintenance and Repair of Restricted
Common Azea
Right of Entry
Damage and Destruction
Condemnation
USE OF UNITS
5.1 Use of Units
5.2 Rental or Leasing of ilnits
5.3 Animals
5.4 Signs
5.5 Use of Electricity
5.6 Installation o� Equipment
5•7 Maintenance of Units
5.8 Restriction on Square Footage of
Office Space
5.9 Alterations to Units
5.10 Party �rlalls
5.11 Combination of Commercial Units
5.12 Deliveries, Loading and Storage
5.13 Window Coverings
FUNDS
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
ArJD ASSESSMENTS
Covenants to Pay
Regular Assessments
Special Assessments
Reimbursement Assessments
Accounts
Enforcement of Assessments
Statement of Assessment Lien
Subordination of LiAn
�• THE ASSOCIATION
7.1 The Organization
7•2 Membership
7.3 Voting
7•4 Powers, Duties and Authority of the
Association
3.1
3.1
3.1
3.1
3.1
3.4
4. 1
4.i
4.1
4.2
4.2
4.2
4.2
4.2
4.2
4.3
4.3
4.3
4.4
5.1
5.1
5.3
5.3
5.3
S.4
5.4
5.4
5.5
5.5
5.b
5.6
5.6
5.7
6.1
6.1
�i . 1
6.2
6.2
5.3
6.4
6.6
O.0
7.1
7.1
7.1
7.1
�.z
ii.
7.5 Maintenance and Improvement of
Common Areas
7.6 Maintenance of Landscaping
7.7 Access at Reasonable Hours
7.8 Capital Improvements by Association
7.9 Insurance
7.10 Project Ru1es
7.11 Notice and Hearing
$. DEVELOPMENT RIGHTS
8.1 Limitations of Restrictions
8.2 Rights for Access and Completion
of Construction
8.3 Size and Appearance of Project
8.4 Marketing RigYtts
8.5 Landscape Plans and Construction
of Zmprovements
9. RIGHTS
9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
9.10
9.11
9.12
9.13
OF MORTGAGEES
Conflict
Liabili.ty for Unpaid Assessments
Reserve Fund
Termination of Contracts and Agreements
Notices to Eligi.ble Holders
Inspection of Books and Records
FinanCial Statements
Termination of Project
Actions Requiring Consent
Partial Condemnation or Destruction
Self-Management
Insurance Folici.es
Mortgage Protection
10. AMENDMENT AND ENFORCEMENT
ld.l Amendments
10.2 Enforcement and tVon-Waiver
11. MISCELLA�IEOUS PROVISIONS
il.l Mechanic's Liens
11.2 Term of Declaration
11.3 Construction of Provisions
11.4 Binding
11.5 Severability of Yrovisions
11.6 Geader, Number and Captions
11.7 Redistrioution of Management Documents
11.8 Exhibits
11.9 Conflict
7.3
7.3
7.3
7.3
7.4
7.5
7.6
8.1
$.1
8.1
8.I
8. 1
8. 1
9.1
9.1
9.2
9.1
9.I
9.2
9.2
9.2
9.2
9.3
9.3
9.3
9.4
9.4
10.1
I0.1
10.1
11.1
ii.z
11.1
11.1
11.1
11.1
11.I
i1.2
11.2
11.2
iii.
�
�
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OF `PHE
1731 ADRIAN WAREHOUSE/OFFICE COAIDOMINIUMS
A Condominium Project
e; THIS DECLARATION OF COVENANTS, CONDITIONS AND RE-
s: STRICTIONS OF THE 1731 ADRIAN WAREHOUSE/OFFICE CpNDOM2NIUhiS
� ("Declaration") is made this day of , 1987�
� by GERALD S. CAUCHI and ROBERT W. KENT, individuals collectively
"Declarant").
ARTICLE 1
R E C I T A L S:
1.1 FACTS: This Declaration is made with reference to the
following facts:
1.1.1 Property Owned bv peclarant: Declarant is the
owner of all the real property and Iinprovements thareon located in
the City of Burlingame, County of San Mateo, State of California,
described as follows:
A11 of the real oroperty shown on the subdivision
map entitled "T;2ACT MAP, 1731 ADRIAN WARFIOUSE/
OFFT�E CONDOMIPIIUMS, " recorded on the ��rhday
of . 1� �:Vr�� , I983�, in Book � of Maps, at
Page�b� , in the Official Records of the County
of San Mateo, State of California.
1.1.2 Nature o� Project: Declarant intends to deveiop
the Subject Property as an industrial/commercial warehouse and
oPfice condominium project within the me�nina of California Civil
Code Section 1351(f) and in coaformity with the provisions of the
Davis-Sterling Common Interest Develooment Act (California Civil
Code, Sections 1350-1372, inclusive). To establish the
condominium project, Declarant desires tc impose on ti�e Subject
Property mutually beneficial restrictions, easements, assessments
and liens under a general plan of improvement and deveionr�ent for
the benefit of a11 of the Owners, Units and Common Area within the
Subject Property.
1.2 APPLICABZLITY OF RESTRICTIONS: Pursuant to Califorreia
Civil Code Section 1353, Declarant hereby declares that the
Subject Property and a11 Improvements thereon are subject to the
provisions of this Declaration. The Subject Property �hall be
held, conveyed, hypothecated, encumbered, leased, rented, used,
occupied and improved subject to the mutiially benefieial covp -
nants, conditions and restrictions stated in this f7eclaratic�n.
.�11 such covenants, conditzons and restrictions are declared to be
1.1
in furtherance of the plan for the subdivision, improvem�nt and
sale of the Subject Property as a condominium project. Pursuant
to California Civil Code Section 1354, all of the limitations,
easements, uses, obligations, covenants, restrictions and condit-
ions stated in this Declaration shall be enforceable as equitable
servitudes, shall run with the Suoject Property and shall inure to
the benefit of and be binding on all Owners and all other oarties
having or acquiring any right, title or interest in any part of
the Subject Property.
1.2
2.10 COUNTY: The term "County" shall mean the County of San
Mateo, State of CaLifornia.
2.11 DECLARANT: The term "Declarant" shall collectively
mean GERALD S. CAUCHI and R�BERT W. KENT, individuals. The term
"Declarant" shall also mean successors in interest of Declarant,
if such successor{s} in interest acquire all or any portion of
Declarant's interest in the Subject Property for the purpose ot
development or sale, and Declarant has expressly transferred or
assigned to such successor(s) its rights and duties as Declarant
to all or any portion of the 5ubject Property. For any successor
in interest of Declarant to be deemed a Declarant under this
Declaration, Declarant shall record in �.he County, a certificate
designating the successor in interest as a Declarant. There may
be more than one (1) Declarant.
2.12 DECLARATION: The term "Declaration" shall mean this
Declaration of Covenants, Conditions and Restrictions of the 1731
ADRIAN WAREHOUSE/OFFICE CONDOMINIUMS and any amendments hereio.
2.13 ELIGIBLE HOLDER: The term "Eligible Holder" shall mean
any institutional Mortgagee who has delivered a written no�.ice to
the Association containing its name, address and the number or
: address of the Condominium encumbered by the Mortgage and
requesting that the Association deliver written notice to it of
' any or all of the events specified in Section 9.5.
2.14 FIRST MORTGAGE: The term "First Mortgage" st�all mean a
t�lortgage which has priority under the recording statutes of the
State of California over a11 other Mortgages encumbering a
specific Condominium.
2.15 FIRST r10RTGAGEE: The term "First i�iortgagee" shall mean
the i�lortgagee of a First Mortgage.
2.16 IMPROVEMEN'I'S: The term "Improver�ents" shall mean
buildings, facilities, drS.veways, wa11s and other structures and
all landscaping constructed or to be constructed upon the Suoject
Property.
2.17 INSTITUTIONAL MORTGAGEE: The term "Institutional
�lortgagee" sha11 mean a First Mortgagee which is:
2.17.1 A bank, savings and Zoan association, insurance
or cnortgage company or other entity or institution chartered un3er
or regulated by any federal and/or state law;
2.17.2 An insurer or governmental guarantor of a First
�lortgage; or
2.17.3 The State of California as the vendor under an
installmen� land sales contract covering a Condor�iniur-i.
2.2
2.18 INVITEE: The term "Invitee" shall mean any person
whose presence within the Project is approved by or is at the
request of a particular Owner, including, but not limited to,
lessees, tenants and the family, guests, empLoyees, licensees or
invitees of Owners or tenants or lessees.
2.19 MANAGER: The term "Manager" sha11 mean the person or
entity appointed or hired to manage and operate the Project.
2.20 MAP: The term "Map" shall mean the subdivision map
entitled "TR.ACT MAP, 1731 ADRIIIN jVAREHOUS�./OFFICE CONDOMINIUMS,"
recorded an .jH►.,ivAr.� �3 , 198Y�, in Book )i �% of Parcel Pdaps at
Page �7'yr, et seq., in the Officzal Records of the County.
2.21 MEMBER: The term "£lember" shail mean an Owner.
2.22 MORTGAGE: The term "Mortgage" shall mean any duly
recorded mortgage or deed of trust encumbering a Condominium in
the Project.
2.23 MORTGAGEE: The term "Mortgagee" shali mean a Mortgagee
under a t�]ortgage as we11 as beneficiary under a dee�i of trust.
2.24 NOTICE AND HEARING: The term "Notice and Hearing"
shall mean the procedure which gives an Owner notice of an alleged
violation of the Project Documents and the ooportunity for a
hearing before the Board.
2.25 OLVNER: The teY'm "Owner" shall mean the holder of
record fee title to a Unit, including Declarant as to each Unit
owned by Declarant. If more tnan one (1) person owns a single
Unit, the term "Owner" shall mean all Owners of that Unit. `I"ne
term "Owner" shall also mean a contract purchaser (vendee) under
an installment land contract. Any person or entity who has an
interest in a Condominium merely as security for per�ormance of an
obligation is nat an Owner for nurposes of this Declaration.
2.26 PARiCING PLAN: The term "Parking Plan" shall mean the
parking plan for the Project contained within and r�ade a nart of
the Map, and which designates the number and location of parking
spaces availab�e for the Project and which allocates and �ssigns
certain Parking Spaces for tne exclusive use of particular Units.
2.27 PARKING SPACE: The term "Parking Space" shall rnean
that portion of the Common Area which is shown on the P9ap as an
individually numbered parcel designated with the letter "P"
(standard parY,ing space, "CP" (compact oarkinq space), and "cIP"
(handicao parking space). The perimeter boundaries of each
Parking Space shall be as shown on the NIap.
2.28 PLr'�N: The term "Plan" shall mean that certain
Condominium Plan contained within and made a oart of the `7a�,
2.3
and containing the information required under Section 1351(ey o£
the California Civil Code.
2•29 PROJECT: The term "Project" shall mean the Subject
Property.
2.30 PROJECT DOCUMENTS: The term "Project Documents" shall
mean the Articles, By-Laws, this Declaration and the Rules.
2.31 PUBLIC PURCHASER: The term "Pubiic Purchaser" shali
mean an entity which is not directly or indirectly controlled or
owned by Declarant. An entity which acquires an ownership
interest in any portion of the Project as a result of a reorga-
nization of Declarant is not a Public Purchaser for purposes of
this Declaration.
2•32 RESTRICTED COMMON AREA: 'I�he term "Restricted Cor�non
Area" shall mean those oortions of the Common Area over which
exclusive easements are reserved for the benefit of certain Owners
ox which are assigned or licensed by the Association to and for
the exclusive use of a particular Owner, which areas shall be
Exclusive Use Common Areas as defined by Civil Code Section
1351(i).
2.33 RULES: The term "Rules" shall mean the rutes adopted
by the Association, including architectural guidelines, re-
strictions and procedures.
2.34 SUBJECT PROPERTY: The term "Subject Property" shall
mean a11 of the real property as shown on the Map and all Im-
provements thereon.
2.35 UNIT: The term "Ltnit" shall mean that oortion of t:ze
Subject Property shown on the Plan as an ir.dividually num'�ered
par,cel preceded by the word "Unit". The perimeter boundaries oF
the Unit shall be as s}iown and descrzbed on the Plan. 'rJhere
perimeter wa11s of a Unit adjoin and are shared with another Unit
as a Party Wail, the perimeter boundary of the Unit sha11 be the
center 1i,ne o�_such Party Wa11. When the perineter wa11 0� a[Jnit
is not such a Party Wall, the oerimeter boundaries for such wall
sha11 consist of a plane extending vertically from the iilterior
unfinished surfaces of the wall.s. b7here for a particular Unit
wa11s do not exist, the perimeter aoundaries of the Jnit at such
Iocations shall consist of planes extending vertically from the
floor to the ceiling along the dimension lines shown on the
Plan. AL1 Units have vertical k�oundaries consisting of a �1ane
extending horizontally along the interior unfinished surfaces of
ceiling joists and girders and the interior unfinished sizrrace o�
the floor. The apprnximate dimensions of a11 Units are shown on
the Plan. rach Unit includes the airsoace encompassed withi:i th�
i�oundaries described but does not include, except for finishes on
interior surPaces of oerimeter wails, any oortion of the buili9ing
which exists for structural pur�oses, including, without
limitation, laad bearing walls, suppo.rt be�ns ar.d columns.
2.4
ARTICLE 3
OWNERSHTP AND EASEMENTS
3.1 OWNERSHIP OF UNITS: Tit1e to each Unit in the Project
sha11 be conveyed in fee to an Owner. If the Association owns a
Unit, the Association shall not be considered an Owner for the
purposes of this Declaration. If more than one (1) person and/or
entity (other than the Association) owns an undivided interest in
the same Unit, such persons and/or entities shall constitute one
(1) Owner.
3.2 OWNERSHIP OF COMMON AREA: Each Owner of a Unit shall
receive an undivided one-fourteenth (1/14th) interest in the
Common Area as a tenant-in-common with the other Owners ot Units
in the Project.
3.3 NON-SEVERABILITY: The interests in the Common Area
; cannot be changed after the conveyance of a Condominium. The
undivided interests in the Common Area and the fee title to the
respective Units conveyed therewith shall not be separated or
separately conveyed. Each undivided interest in the Common Area
sha11 be deemed to �e conveyed or encumbered with the respective
Unit even though the description in the grant deed or other
instrument of conveyance or encumbrance may refer only to the
Unit. Except for permitted exterior modifications of the exterior
of the building structure, the Common Areas shall not be further
developed or separately sold without the prior written consent of
the City.
3.4 EASEMENTS: The ownership interesLs in the Common Area
and Units described in this Article 3 are subject to the easeMents
granted and reserved in this Declaratian. Each of tne easements
reserved or granted herein shall be deemed to be established upon
the recordation of this Declaration and shall thenceforth Ue
deemed to be eovenants running with the land for the use and
benefit of tre Owners and their Units superior to a11 other
encumbrances applied against or in favor of any portion of the
Subject Property. Individual grant deeds to Condominiuns may, but
sha11 not be required to, set forth the easements specified in
this Article 3.
3.4.1 Easements On Map: The Common Area and Units are
subject to the easements and riyhts oP way shown on th� h9ap.
3.4.2 Easements For Common Area: There is reserved and
�ranted to each Unit, as dominant tenenent, over and across tiie
Cor,unon Area {excluding Restricted Cor,unon Area), as servient
tenement, a non-exclusive anpurtenant easenent for ingress,
egress, use and enjoyment of the Cor.unon Area.
3.1
�'
�
3.4.3 Restricted Common Area: There is reserved and
granted to each Unit and each Owner of a Unit exclusive appurte-
nant easements for the use, possession and enjoynent of those
Parking Spaces assigned to such Unit on The Parking Plan and to
other Restricted Common Areas designated on the deed to a
oarticular Unit. Al1 easements to Restricted Common Area are sub-
ject, however, to the right of the Association to enter in and
upon Restricted Common Area for the purpose oi maintaining and
repairing the Common Area and for otherwise carrying out or
, enforcing the terms of this Declaration.
3.4.4 Utilities: There are reserved and granted for
the benefit of each Unit, as dominant tenement, over, under,
across and through the Project (including the Common Area and each
other Unit, jointly), as the servient tenement, non-exclusive
easements for utility services.
3.4.4.1 Owners' Rights and Duties: The rights and
duties of the Owners of Condominiums within the Project with
, respect to sanitary sewer, water, electricity, gas and telephone
� lines and facilities, and heating and air-conditioning facilities
� shall be as follows:
�
3.4.4.1.1 VlYlenever sanitary sewer, water,
electricity, gas, television receiving, telephone lines or connec-
tions, heating or air-conditioning conduits, ducts, or flues are
installed within the Project, which lines or connections, or any
portion thereof, lie in or about Units owned by other than the
Owner of a Condominium served by said connections, the Owners of
any Condominium served by said connections shall have the right,
and are hereby granted an easement to the full extent necessary
therefor, to enter uppn the Unit or to have tne utility companies
enter upon the Units in or about which said connections, or any
portion thereof, lie, to repair, replace and generally maintain
said connections as and when necessary.
3.4.4.1.2 WWhenever sanitary sewer, water,
electricity, gas, telephone lines or connections, neatinc� c>r air-
conditioninq conduits, ducts, or flues are installed within the
Project which connections serve•more than one Condominium, the
Owner of each Condominium served by said connection shall be
entitled to fu11 use and enjoyment of such portions nf said
connections as so service his Condominium.
3.4.4.2.3 In the event o£ a disDute i�etween
Owners with respect to the reoair or rebuilding of said connec-
tions, cr with respect to the sharing of the cost thereof, then,
upon request of one of such Owners addressed to t:ze �ssociation,
the matter shall be submitted to t?�e Board which shall decide the
dispute, after written notice to all of the Owners affected �ay tiie
clispute and a hearing, and tne cleeision of the Soard sha1L be
final and conclusive on the oarties.
3.4.4.2 Easements for Utilities and �laintenance:
An easement over and under t}ie ;�roperty for the instaliation,
3.2
repair and maintenance of electric, telephone, water, gas and
sanitary sewer lines and facilities, heating and air-conditioning
facilities, cable or master radio or television antenna leads,
drainage facilities, walkways, and landscaping as shown on the
recorded map of the Project, and as may be hereafter required or
needed to service the Project, is hereby reserved by and to
Declarant and its successors and assigns, including the Asso-
ciation.
3.4.4.3 Association's Duties: The Assaciation
shall maintain all utility connections which are a part of the
Common Area except for those installations maintained by public,
private or municipal utility companies. The Association shall pay
all charges for utilities supplied to the Project except those
metered or charged separately to the Units.
: 3.4.5 Encroachment: There are reserved and granted for
the benefit of each Unit, as dominant tenement, over, under and
across each other Unit and Common Area, as servient tenements, and
" for the benefit of the Common Area, as dominant tenement, over,
� under and across each Unit, as servient tenement, non-exclusive
� easements for encroachment, support, occupancy and use of such
portions of Units and/or Common Area as may be encroached upon,
used and occupied by the dominant tenement as a result of any
original construction design, �ccretion, erosion, addition,
deterioration, decay, errors in original construction, movement,
settlement, shifting or subsidence of any building or structure or
: any portion thereof, or any other cause. In the event any portion
o� the Project is partially or totally destroyed, the encroachment
easement shall exist for any regZacement structure which is
rebuilt pursuant to the original construction desian. The
easement for the maintenance of the encroachment shall exist fnr
as long as the encroachments exists; provided, however, tnat no
valid easement of encroachment shall be created due to the willful
misconduct of the Association or any Owner. Any easement of
encroachment may but need not be cured by repair and restoration
of the structure.
3.4.6 Support, Maintenance and Reoair: There is hereby
reserved and granted non-exclusive easements apnurtenant to the
Common Area and to all other Units, as dominant tenements, through
each Unit and the Common Area, as servient tenements, Por the
support, maintenance and repair of the Common Area and all Units.
3.4.7 Additionai Easements: �Totwithstanding anything
expressly or impliedly to the contrary, ti�is Declaration shall bA
subject to all easements granted by Declarant for the installation
and maintenance of utilities and drainage facilities necessary for
the develoament ot the Project.
3.4.8 Association's Easements: There are nereby
r2served to Declarant, the Association and their duly authorized
agents and representat�ves such �as2ments as are necessary to
perform the duties and obligations of the Association set £orth in
3.3
the Project Documents, including, without limitation and subject
to Section 5.7.5, the right to enter upon Common Area, Restricted
Comi*.ion Area and Units .
3.4.9 Party tvalls: There is reserved and granted to
each Unit, as dominant tenement, an exclusive easement over,
across and upon any adjacent Unit, as servient tenement, for
construction, maintanance anci repair of any party wa11 constructed
or installed separating or to separate said Units.
[ 3.4.10 Entry by Public Agencies: The Ca.ty and other
governmental agencies having jurisdiction over the Project shall
have the right, but not the abligation, to enter upon tY�e Common
Area as necessary in the exercise of their governmenta2 powers.
The provisions of this subsection 3.4.10 may not be amended
without the prior written consent of the City. Notice of the
City's right of entry shall be prominently displayed upon the
Common Area.]
3.4.11 Driveway Maintenance A reement: The Association
shall observe and comply with the terms and cond�itions of that
certain Agreement for Maintenance, Use and Easements for Driveway
of 1731 Adrian Road, entered into between Declarant and Adrian
Properties, dated June 26, 19$7, recorded November 12, ,
1987 as instrument No. 87172191 , Offici3l Records of San i9ateo
County, and all amendments and modifications thereof from time to
time ("Adrian Road Maintenance Agreement"). The easements and
covenants set forth in said Adrian Road Maintenance Agreement
shall be binding upon each Owner and shall run with the land as to
each Unit.
3.5 JUDICIAL PARTI'£iOLV:
3.5.1 Waiver of Partition: Exceot as provided in
California Civil Code Section 1359, there shall be no judicial
partition of the Project or o£ any part thereof. Each Owner, and
each suecessor of eae11 Owner, specifically waives and abandons all
, rights, interests and causes of action for judicial oartition of
the tenancy-in-common ownership of the Common Area. F,ach Owner
agrees that no action for judicial partition of the Subject
Property sha11 Qe instituted, prosecuted or reduced to judgment,
except in compliance with California Civil Code Section 1359. If
a Condominium is o�vned by two (2) or more Owners as tenants-in-
common, as joint tenants, or as cor;ununity nroperty, nothing
contained in this Section 3.5.1 sha11 be deemed to prevent a
judicial partition between tlze co-Owners o� that Condaminium.
3.5.2 Power of Attorney: If there is judicial �arti-
tion of the Project pursuant to California Civi1 Code �ection 1359
or this Declaration, each Owner, for hir,iself and iiis successors
and assigns, hereby grants to the Associaiion an irrevocable power
of attorney to sell the entize Project for the benefit o£ all of
the Owners.
3.4
ARTICLE 4
COMMdN AREA
4,1 USE OF COMMON AREA GENERALLY: A11 use of the Common
Area is subject to the Rules. There shall be no use of the Common
Area except by Owners and their Invitees. Al1 persons occupyinq
the Project may enjoy the use of all facilities in the Common Area
as long as they abide by the terms of the Praject Documents. A11
owners and their Invitees may enjoy the use of all facilities in
the Common Area. There shall be no obstruction of any part of the
Cominon Area. Nothing shall be stored or kept in the Common Area
(excluding Restricted Common Ar�a) without the prior consent of
the Board. No alterations or additions to Common Area sha11 be
permitted without the approva� of the Board. �othing shall be
done or kept in the Common Area which will increase the rate of
insurance on the Common Area without the prior consent of the
Board. No Owner shall permit anything to be done or kept in the
Common Area or any other part of the Project which might result in
the cancellation of insurance on any Unit or any part of the
Common Area, which would interfere with rights of other Owners,
which would be noxious, harmful or unreasonably offensive to other
Owners, or which would be in violation of any governmental
statute, ordinance, rule or regulation. No waste shall be
committed in the Common Area.
4.2 PARKING: Vehicles sha11 not be parked anywhere in the
Project except wholly within Parking Spaces. Al1 Parking Spaces
sha11 be used in accordance with the Parking Plan solely for the
parking and storage of motor vehicles used for �ersonal or
business transportation. No boat, trailer, camper, motorcycle,
golf cart, mobiie home, other recreational vehicle or any
d�lapida et d__y�.�icle sha11 be parked or stored in any Parking
Space. Vo part of the Common Area shall be used for repair,
constr�ction or reconstruction of any vehicle, boat or any other
item or thing except in an emergency. As Long as applicaQle
ordinances and laws are observed, the Board may cause the re�oval
of any vehicle which is in violation of this Declaration. T:ie
President of tne Association, or in his or her absence, any other
officer of the Association, shall be the authorized reoresentative
of the Board to e£fect any such removal. No vehicle Loading or
unloading shall ocCur which infringes upon or interferes with tile
rights of access or use of other Units by owners, tenants or
customers of the �wners of such Units. The Parking Spaces �ay not
conform exactiy to the drawings on tiie Parking P1an due to
restriping of the spaces by the Board and any construction,
reconstruction, repair, shifting, movement or natural settling nf
the Improvements. The existi��g Dhysical boundar�es of any Parkina
Soace, so Iong as sucii space is substantially of the same siz� and
in substantially the same location as shown on the Parking Plan
shall be presu�ed to be such boundaries, rather than speczfic site
and Location as describe3 in s�ch drati�ings. Owners sha11 b�
4.1
�
entitled to exchange Parking Spaces assigned to their respective
Units, provided that (1) a reciprocal deed of assignment
identifying the exchanged Parking Sgaces, the exchanging Owners
and their respective Condominiums is executed by the exchanging
Owners and the first Mortgagees of such exchanging Owners, and
� recorded; and (2), no such deed of assignment of Parking Spaces
sha11 be effective if such exchange would result in a reduction of
the number of Parking Spaces to which such Owners were originaily
, entitled. A copy of the recorded reciprocal assignment shall be
' delivered to the Board as soon as possible a�ter recordation.
4.3 STORAGE OF WASTE MATER3ALS: All garbage, trash and
accumulated waste material shall be placed in aporopriate covered
trash containers stored within the Unit. Such containers shaZl be
kept within Units except as necessary for pick-ups and sha11 be
returned into the Unit as soon as practicable after pick-up
service is completed. 'Phere sha1l be no exterior trash recepta-
cles within the Project.
4.4 ANTENNAS: Except for those erected or constructed by
Declarant or installed by a licensed oublic or quasi-public
utility cable franchise with tlZe approval of the Board, no outside
, television antenna, aerial or radio tower shall be erected,
constructed or placed on any Common Area.
4.5 ROOF: Access to roofs shall be restricted to persons
authorized by the Board.
4.6 INVITEES: Each Owner shall be respocisible for compLi-
ance with the provisions of the Project Docunents by his Invitees
and an Owner shall promptly pay any Reimbursement Assessment
levied and/or any fine or penalty imposed against such Owner for
violations committed by his Invitee.
4.7 MAINTENA�CE OF COMhIOrI AREA: The Association is respon-
sible for maintenance, repair, replacement, naintinq and upkeep of
Common Area. The Association shall keep the Coi�mon Area and
Improvements thereon in good eondition and repair, provide for all
necessary services and cause a11 acts to be done which may be
necessary or proper to assura the maintenacice of the Common Area
in first class condition. Each Owner sha11 give to the Board
Prompt notice of any damage to or defective condition in any part
of the Project's sanitary, electrical, heating or other systems
serving, located in, or passing through his Unit.
4.8 ALTERATIONS TO COh1MON AREA:
4.8.1 Approval: Only the Board sha11 construct,
reconstruct, refinish or alter any Itnprovements situated upon the
Common Area. A praposal for any construction ot or alt�ration,
maintenance or repair to an Improvement �ay be made at any
meeting. A pr000sal may be adopted by the 3oard, subject to ti�e
limitations contained in the Bylaws.
4.2
! 4.8.2 Fundin�: The Board shall levy a Special Assess-
' ment to fund any construction, alteration, repair or maintenance
' of an Improvement for which no reserve has been collected_
i Expenditures for alterations, maintenance or repairs to an
( existing capital Improvement for which a reserve has been co1-
Ileeted shall be made from the Reserve Account. If the Reserve
, Account is insufficient to cover the cost of the proposed Im-
provement, the Board shall levy a Special Assessment for the
balance of the cost.
4•9 i�IAINTENANCE A�D REPAIR OF RESTRICTED COMMON AREA: The
Association shall paint, repair and provide general cleaning and
maintenance o� Parking Spaces.
� 4.10 RIGHT OF ENTRY: The Board may enter any Unit or any
� Restricted Common Area whenever entry is necessary in connection
� with the performance of any maintenance or construction which the
Board is authorized to undertake. Entry shall be made with as
little inconvenience to an Owner as practicable and only after
reasonable advance written notice of not 1�ss than twenty-four
(24) hours, except in emergency situations.
; 4.11 DAMAGE AND DESTRUCTION: "Repair or reconstruction"
I shall mean repairing or restoring the Common Area to substantially
I the same condition as it 2xisted prior to a fire or other casualty
i with the Improvements, to the extent possible, having the same
vertical and horizontal boundaries and location as before. Zf
ifire or other casualty damage extends to any part of the Comr.ion
Area which is insured, the Association sha11 proceed with the
f filing and adjustment of all claims arising under such
insurance. The Board sha11 obtain bids from responsible licensed
� contractors to restore the Common Area to its condition immedi-
ately nrior to the damage or destruction. Once bids have been
obtained and the amount of the available insurance oroceeds has
' been determined, the Board sha11 call a snecial �eeting of the
i�embers. Any damage or destruction to Common Area sha11 be
repaired or reconstructed unless at least seventy-five percent
(75s) of each class of Members at the special meeting vote not to
repair the damage or reconstruct the destroyed Improvenents. aids
obtained by the Board shall be accepted or rejected 'ny a vote of
not less than seventy-five percent (75�) of each class of Menoers
attending the meeting. If a bid is accepted (whicn bid ne�d not
be the lowest bid), the contractor sha11 nrovide a completion Uond
naming the Association and each Qwner as beneficiaries.
4.1i.1 Repair Required: Unless the P]embers have votAd
not to repair or reconstruct, the available insurance proc�eds
sha11 be paid �o and 'neld by tne Association. The �oard shall
contract to repair or reconstruct tize damagea or destroyed
portions of the Project. If tne ins�rance proceeds exceed tne
costs of repair or reconstruction, the excess p:oeeeds sha11 b�
paid to the Reserve Account(s) and held for the Uenetit of the
Association. If the insurance oroceeds are i�sufficiPnt t� �aY
a11 of the costs of reoair and/or reconstruction and if therp is
4.3
an existing balance in the Reserve Account designated for the
repair or reconstruction of capital Improvements which have been
damaged, the Board may use the funds in the Reserve Account to
repair or reconstruct the Improvements. If the avaiiable proceeds
are insufficient to pay the total cost of repair or reouilding,
the Board shall levy a Special Assessment against all Owners.
4.11.2 Decision Not to Repair: If the Members vote not
to repair or reconstruct, refuse to approve sufficient funds to
repair or reconstruct the damage or destruction or reject all bids
considered pursuant to Subsection 4.12, the Board shall recomrnend
alternatives for reconstruction of the damaged or destroyed
Improvements at a lesser cost as it deems reasonable or adequate,
which alternatives shall be placed to bid and voted UDOn as
previously provided. In the event that none of the alternatives
are accepted by fifty-one percent (51$) of each class of Members,
the Board is hereby empowered, as the agent for all Owners, to
se11 the entire Project, including aIl Units and the Common Area
in their then present condition, on terms satisfactory to the
Board, If the entire Project is sold, the proceeds from the sale,
together with insurance proceeds received by the Association due
to the destructzon of the Common Area, shall be distributed by tne
Association among the Owners and their respective Mortgagees
according to the respective fair narket values of the Condominiums
at the time of the destruction as determined by Appraisal.
4.12 CONDEMiTATION: If all ar any portion of the Project is
taken for any public or quasi-public use under any statute. by
right of eMinent domain or by private ourchase in Lieu of eninznt
domain, the entire award shall be naid either as ao�ortioned by
court judgment, as apportioned among the Owners of the Common Area
by agree�ent between the condemning authority and each of the
Owners of the Common Area, or to such Owners pr000rtionately
according to t�e respective fa.ir market values of their Condo-
miniums at the time of condemnation as determined by Appraisal.
The Association sha11 represent the interests of the affecte�
Owners; however, each Owner sha11 be entitled to obtain and be
represented by 1ega1 counsel as the Owner so desires.
4.4
�
ARTICLE 5
USE OF Ut�7ITS
5.1 USE OF UNITS: The Units shall be used solely for
commercial, industrial and warehouse purposes which are permitted
under the zoning and conditional use perr.iits of the City as are
applicable to the Project at a particular time. No Unit may be
used for residential purposes. In addition, no Unit shall be used
for any purpose which would, as of the date of commencement of
such use, cause the total number of vehicle parking spaces within
the Project to be less than that required by the Ordinances or
Resolutions of the City. Each C}wner shall be responsible for
obtaining all permits and licenses required by law or local
ordinance to establish and operate his business. Each Owner is
also responsible for complying with any other requirements of
governmental or administrative agencies.
5.1.1 Notwithstanding the foregoing, whether or not
oernitted by zoning or use standards of the City, the following
types of uses within or about a Unit sha11 be orohibited:
(a) Food service or preparation;
(b) t�iedical veterinary office;
(c) Junk or salvage operations;
fd) Auto, truck or vehicle repairs or nainting;
(e) Manufacturing, refining and/or storage of
chemicals, petro-chemicals or af any radioactive materials;
{f) Slaughterhouses, tanneries, rendering
operations, barns, stables or dairy operations;
�9) Paper manufacturing, foundries, netal
TM�achining shods, heavy industrial or rsanufacturing;
(h) Oil drilling, mining, or quarrying
operations;
(i) Type H occupancy as defined oy the
Uniform Building Code applicable to tne City;
�j) Any other use which will be offensive to
other Owners or occupants of Units by reason of odor, funes, dust,
smoke, noise, elect�o-mechanical or electro-magaetic disturbances,
radiation, pollution, risk of fire or esolosion or arly other
nuisance within the Project or to surrounding property.
5.1.2 Restrictions on Conduct of 3usiness. The
permitted uses described in this Section 5.1 shall. be cor,ducted
under the foilowing conditions:
r
5.1
(a) Noise. No facility shall �roduce noise
such levels as will be offensive to Owners or occupants of
adjoining Units or portions of the Property or to any owner
Unit or portion of the Property.
at
of a
(b) Vibration. Equipment creating earthshaking or
other vibrations sha11 be so located and mounted within the
Improvements on a Lot as to eliminate vibration hazard or nuisance
beyond the boundary lines of the Unit on which such equipment is
situated.
(c) Smoke. No facility within any Unit shall
discharge into the atmosphere any air contaminant producing a
public nuisance or hazard.
{d) Toxic or Noxious PSatter. No facility within
any Unit shall discharge into the sewer system, storm drain or
across the boundary lines of the Unit any toxic or noxious matter
in such concentration as to be detrimental to or endanger the
publi.c health, safety or welfare or cause injury to or damage to
surrounding property or business.
��} Odorous Matter. No facility within any Unit
shall emit offensive odorous matter or fumes in such quantity as
to be readily detectable on any point along the boundary lines of
the Unit.
(f) Fire and Explosive Hazards. Storage or
utilization of combustzble materials within any Unit sha11 ne
underwritten in a manner acceptable to the City and County and any
other agency or body having jurisdiction of such matter. iJse or
storage of materials which produce flammaUle or explosive vapors
or qases under ordinary weather conditions and temperatures shall
not be permitted on any Unit except where required for emergency
�quipment or except where incidenta� to a principal operation of a
�ermitted use hereunder, such as paint spraying, which use or
storage of such materials shall be approved in writing by the City
Building Inspector, Fire Department and any other agency or body
having jurisdictian of such matter. The Owner of any such Unit
where such materials are used or stored shall, at its cost,
maintain insurance of a nature anc� in an amount and with insurance
carriers acceptable to the Association, and sha11 annually deliver
evidence thereof to the Associa�.ic�n. Such Owner shall, in
writing, indemnify and hold harmiess the Association, the
Property, the other Owners and the other Dnits from and ac�ainst
any and all losses, damages, clains, expenses, causes vf action
and liabilities arising out of or in connection 4Jith t11e storage
or use of sucil combustible materials on any such Unit.
(g) Glare or tieat. Any operation conducted fror� a
Unit producing intense glare or heat sllall be performed witnin the
enclosures of the Improvements within the Unit so as not to allow
such glare or heat to emanate beyond the boundary Iines ��f the
Unit an� so as not to create a oublic or private n;iisance or
hazard.
A
5.2
(h} Air and Water Pollution. No facility or
operation on any Unit sha11 discharge into the air or water
pollutants or contaminants sufficient to create or that might
i create a;nuisance, and no operation on any Unit which by its
; nature is likely to cause air or water pollution shall be
undertaken or permitted on any Unit unless there is available an
adequate method of controlling the emission of pollutants and
� contaminants and such controls are installed and applied at the
cost of the Owner of such Unit prior to the operation of the
business on the Unit. The Owner of such Unit equipped with such
� pollution and contaminant controls sha11, at its cost, maintain
insurance of a nature and in an amount and with insurance ot a
nature and in an amount and with insurance carriers acceptable to
the Association, and shall annually, at least ten (10) days prior
� to the expiration of such insurance, deliver evidence thereof to
(� the Association. Such Owner shall, in writin
g, indemnify and hold
harmless the Association, the Property, the other Owners and the
other Units from aad against any and ali losses, damages, claims,
expenses, causes of action and liabilities arising out of or in
� connection with the operation of a business equipped with such
�ollution and contaminant controls.
5.2 RENTAL OR LEASING OF UNITS: An Owner sha11 be entitled
to rent or lease all or part of his Unit if:
5.2.1� He complies with all apnlicable laws and ordi-
nances; . �
�
5•2•2 There is a written lease or rental agreement
which specifies that the tenant or lessee shall be subject to al..t
provisions of the Project Documents and that a Eailure to co�ply
with any provision of the Project Documents shall constitute a
default under the agreement;
5.2.3 'I'he Owner notifies the Board of the name and
address of the tenant or lessee and the length of the term of the
tenancy; and
5.2.4 '�he Owner gives the tenant or lessee a copy of
the Project Documents.
5.3 ANFMALS: No animals may be kept in or about any Unit or
in the Common Area.
5.4 SIGNS: No sign af any kind sha11 be displayed 'ny any
Owner to the oublic view on, from or over any Unit or the Coi��on
Area except as folLows:
5.4.1 One (1) sign acceptable
the Board, advertisin� a Unit for sale �r
an Owner within the Project in such area
B�ard.
in size and apnearance to
rent, nay be place� Qy
as may be a}��roved by ti�e
5.3
5.4.2 The Association shall naintain and display such
signs as the Board deems appropriate to identify the Project or
individual Condominiums, including but not limited to one or more
central directories; the Association shall provide name plates or
other identifying signs within a central directory, indicating the
names of each owner within the Project, at the Association's
expense, provided, however, that the cost directory signs supplied
by the Association for tenants of Owners shall be paid by the
Owner or such tenant;
5.4.3 One (1) or more signs or other means of identi-
fication may be displayed upon the exterior surface of a unit or
from within the Unit itself identifying the business and providing
other relevant information, including, but not limited to,
telephone numbers and hours of operation, as long as such sign or
other identification is first approved by the Board, which
approval shall not be unreasonably withheld;
5.4.4 Declarant may maintain such signs as Declarant
deems appropriate for marketing Units owned by Declarant; and
5.4.5 Signs required by 1ega1 proceedings.
All signs must be campatible with the design of the Project and
shall comply with any 1oca1 ordinances and the Rules.
5.5 USE OF ELECTRICITX: Use of electricity in each Unit
shall not at any time exceed the caQacity of any of the electrical
conductors and equipment in or otherwise serving the Unit. In
order to insure that the capacity is not exceeded and to avert
possible adverse effects upon electric service ta the Property, no
Owner shall connect any fixtures, appliances or equip�ent to the
electrical system other than �amps, typewriters, data processing
computers, oersonal computers, and similar sma11 of�ice nachines
or make any alteration or addition to the electrical system
witho�t the prior written consent of the Board. If the 3oara
consents, any necessary additional equipment sha11 be provided by
the Board and its reasonabLe cost sha11 be paid by the Owner who
obtained the IIoard's consent.
; 5.6 INSTALLATION OF EQUZPMENT: R11 data orocessinq,
� computer, graphic arts and printing facilities, business machines
i and equipment, kitchen equipment and all other mechanical equi�-
ment installed in any Unit sha11 oe designed, installed, main-
� tained and used by the Owner as to reduce insofar as possible the
� transmission 1eve1 of noise, vibration, odors and otner objec-
tionable trans�issions from such Unit to any other portion of the
Project.
5.7 `�INTENANCE OF iJC1ITS: Eacn Owner sha11 keen the
interior of hzs Unit, including a11 fixtures, applianczs and
appurtenances in good repair and condition. Each Owner shall have
the sole responsibility and the exclusive right, at ?lis sole cost
and expense, to:
�
5.7.1 Maintain, repair, paint, paper, panel, plaster,
tile and finish the interior surfaces of the ceilings, floors and
the perimeter walls of his Unit and the bearing walls located
within his Unit;
5.7.2 Repair, paint, finish, alter, substitute, add or
remave any fixtures and utility connections attached to ceilings,
floors or wa11s including, without limitation, toilets, showers,
bathtubs, sinks, kitchen appliances, lighting and plumbing
fixtures, telephone facilities, doors and windows within the Unit;
5.7.3 Install drapes, window shades or other window
coverings in the windows o€ Units, which are visible from the
exterior of the Unit, in compliance with the Architectural Rules,
if applicable; provided, however, that any drapes or other ��indow
covering instalied in compliance with the Architectural Rules may
remain for the useful life thereof;
5.7.4 Maintain, repair, replace and clean interiors and
exteriors of any windows, doors and other glass surfaces of his
Unit; and
5.7.5 In the event an Own�r fai2s to maintain the
interior of his Unit in a manner in which the Board deems neces-
sary to preserve the ap�earance and value of tlie Project, the
�oard may notify the Owner of the work required and request that
it be done within sixty (60) days from the giving of such
notice. In the event an Owner faiLs to carry out such maint�nance
within said period, the Board may, after written notice to the
Owner and an opnortunity for a hearing before the Board, cause
such work to be done and the c4st of such work shall be an
�individual special assessment chargeabl� to such Condominium and
shall be payable to the Association by the Owner thereof.
5.8 RESTRICTION ON SQUARE FOOTAGE OF OFFICE SPACE: Total
office use af the Units shall be limited to fourteen percent {14b)
�f the total square footage of the Units. No single Unit shall
have more than twenty percent (20°s) of its square footage
c9nstructed or used as office s�ace. The percentage oP square
footage allocated for office use £or each Unit shali be as set
fE�rth on the �tap an� on the Disclosure Table of Office SQace
�attached hereto as Exhibit "A." `
5.9 ALTERATIONS T
O UNITS: Owners may alter or remodel the
interiors of their Units, including Common �rea physically
contained within the Unit, if the alterations do not i�pair the
structural integrity of the Unit or of the building containinr, the
Unit and if the Owner complies with all laws and ordinances
regarding alterations and remodeling. No alteration oi the iloor
coverings of the Unit nay be made which will result in an increas2
in sound transmission into any other Unit. Own�rs of �nits may
install partitions to separate such UniLs. 5uch oartitions n�ay
constitute narty walls and, iE so, shall ae subject to �he
5.5
�`
provisions of Section 5.10. Any partition placed wholly witllin
the boundaries of a Unit shall be part of the Unit.
5.10 PARTY WALLS: Each interior partition constructed or
installed upon the boundary line dividing two (2) Units, each of
which is designated on the Plan as separate Units, shall consti-
tute a party wall and to the extent not inconsistent with this
Declaration, the general rules of law regarding party walls and
liability for property damage due to negligence or wi11fu1 acts or
omissions shall apply thereto.
5.10.1 The costs of repair and maintenance of a party
wall sha11 be shared equally by the adjacent Owners. If a party
wall is destroyed or damaged by fire or other casualty, either
adjacent Owner may restore it, and the other Unit Owner shall
contribute to the cost of restoration thereof; subject however, to
the right of any such Owner to call for a larger contribution from
the other Owner under any rule of law regarding liability for
negligent or wilLful acts or omissions.
5.i0.2 The right of any Owner to contribution from
another Owner under this Section 5.10 shall be a covenant running
with the land appurtenant to the Unit and shall pass to owner's
successor in title.
5.10.3 In the eveat of any dispute arising concerning a
party wall, or under tne orovisions of this Section 5.10, sucn
dispute shall be submitted in writing to the Board for its review,
and the written decision of the Board sha11 be final and binding
on the parties.
5.i2 COMBINATiON OF UNITS: Subject to all aoplicable
buiiding and fire codes of �he Czty and only after obtaining the
written approval of tne Board, the Owner of two (2) or more
adjacent Units may combine thase Units into a single t3nit iP those
oortions of the Common Area affected by the proposed combination
are not required for structural support, and the Owner of such
Units oays for any structural, construction, decorative,
mechanical or utility charges or costs incurred or necessitated by
such combination. The Owner of the combined "Units shall be
entitled to cast the votes attributable to each of tne cor�bined
Units in the same manner as if they had not been combined. Vo
combined Units may be sold or leased unless ai1 of the units so
combined are sold or leased to the same person or entity, or the
combined Units are reconstructed as separate and independent Jnits
as shown on the Plan at the sole cost and expense of the Owner(s}
thereof.
5.12 DELIVF2IES, LOADING AND STORAGE: Loading and unloading
of trucks and �railers shall be done in a nanner so as to cause as
little inconvenien�e as possible to users of other Units. The
Association may establish reasonable rules for such loading anc3
unloading of vehicles. Nothing sha11 be stored, parked,
maintained or otherwise kept on t;�e areas exterior �o a Unit,
5.6
except for motor vehicles parked in appropriate designated parking
spaces in accordance with Assoeiation Rules. tahen not being used
for loading and unloading purposes, roll-up doors to Units shall
be ➢cept closed.
5.13 WINllOE+J COVERINGS: All drapes, window shades or other
window coverings installed in windows of Units whicn are visible
from the exterior of the Unit shall be compatible with the design
o£ the Project and shall comply with any Rules adopted by the
Board. All window coverings sha11 be installed within ninety {90}
days following close of escrow for a Unit.
5.7
ARTICLE 6
FUNDS ANll ASSESSMENTS
6.1 COVENANTS TO PAY: Declarant and each Owner covenants
and agrees to pay to the Association the assessments and any
Additional Charges levied pursuant to �his Article 6.
6.1.1 Liability for Payment: The obligation to oay
assessments shall run with the Iand sn that each successive record
Owner of a Condaminium shall in turn become liable to pay a1I such
assessments. No Owner may waive or otherwise escape oersonal
liability for assessments or release the Condominium owned by nim
from the liens and charges hereof by non-use of the Common Area,
aQandonment of the Condominium or any other attempt to renounce
rights in the Common Area or the facilities or services within the
Project. Each assessment shall constitute a seoarate assessment
and shall also be a separate, distinct and personal obligation of
the Owner of the Condominium at the time when the assessment was
levied and shall bind his heirs, devisees, personal
representatives and assigns. Any assessment not oaid within
fifteen {�5) days after it becomes due is delinquent. The
personal obligation of an Owner for delinquent assessments sha11
not pass to a successive Owner unless the personal obligation is
expressly assumed by the successive Owner. No such assumption of
personal iiability by a successor Owner (including a contract
purchaser under an installment land contract) shali relieve any
Owner from personal liability for d2linquent assessments. After
an Owner transfers fee title of record to nis Condominium, he
shall not be liable for any charge thereafter levied against the
Condominium.
6.1.2 Funds He1d in Trust: The assessments collected
by the Association shall be held by the Association for and on
bellalf of each Owner and shall be used solely for the ooeration,
care and �aintenance of the Project as nrovided in this
Declaration. Uoon the sale or transfer of any Condominium, tne
Owner's interest in the funds shall be dee�ed automatically
transferred to the successor in interest of such Owner.
6.1.3 Offsets: No offsets against any assessment sha11
be permitted for any reason, including, without limitation, any
claim that tiie Association is not properly discharging its duti�s.
6.2 R�GULAR ASSESShfENTS:
6.2.1 Payment of Regular Assessments: ReguLar
Assessments for �ach fiscal year shall �e established when the
Board approves the budget for that fiscal year. Regular
Assessments sha11 be 12vied on a£iscal year �asis. Unless
otherwise specifiecl by ttle Board, Re�ular Assessm�nts sha11 be due
and payabl� in monthly installnants on the first day of each month
6.1
during the term of this Declaration. Regular Assessments shall
commence for a11 Condominiums on the earlier of (i) the first day
of the first month foliowing the month in which escrow has closed
for the sale to Public Purchasers o.f fifty percent (50�) o� the
Condominiums in the Projec�, or (iz) the first day of the seventh
(7th) full calendar month following close of escrow for the saZe
of the first condominium to a Public Purchaser.
6.2.2 Budgeting: Each year the Board shall prepare,
approve and make available to each Member a pro forma aperating
statement (budget) containinq: (i) estimated revenue and expenses
sn an accrual basis; {ii} the amount af the total cash reserves of
the Association currently available for replacement or major
repair of Common Area and for contingencies; (iii) an itemized
estimate of the remaining life of, and the methods o£ funding to
defray repair, replacement or additions to, major components of
the Common Area; and (iv) a general state�ent setting forth the
procedures used by the Board in the calculation and establishment
of reserves to defray the costs of repair, replacement or
additions to major components of the Common Area. The total
amount shall be charged proportiona�ely against aIl Condominiums
as Regular Assessments, subject to the Limitations set forth in
the Bylaws. For the first fiscal year, the budget shall be
approved by the Board no later than the date on which Regular
Assessments are scheduled to commence. Thereafter, the Board
shall annually prepare and approve the budget and distribute a
copy thereof to each Member, together with written notice of the
amount of the Regular Assessment to be levied against the Owner's
Condomznium, not less than forty-five (45) days nor more than
�ixty (60) days prior to the beginning of the fiscal year.
6.2.3 Allocation of Regular Assessments: The total
amount of required funds for each fiscal year sha11 be allocated
proportionately as Regular Assessments to each Unit as set forth
�.n Exhibit "B" attached hereto.
6.2.4 Non-'v7aiver of Assessments: If betore the
expiration oF any fiscal year the Association fails to fix Regular
Assessments for the next fiscal year, the Regular Assessment
established for•the preceding year shali continue until a new
Regular Assessment is fixed.
6.3 SPECIAL ASSESSP4E�ITS: 5ubject to the limitations in the
By-Laws, Special Assessments may be levied in addition to Regular
Assessments for constructing caoital Improvements, correcting an
inadequacy in the Current Operation Account, defraying, in whole
or in oart, the cost of any construction, reconstruction, unex-
oected repair or replacer�ent of Improvements in the Connon Area,
or paying for such other matters as the �oard may deem aporooriate
for the Project. Special Assessments shall be levied in the samP
manner as Regular Assessments.
6.4 REIMBURSEM�NT ASSESS�IE�TTS: The Association snall levy a
Reimbursenent Assessment against any Owner an3 his Condominiu;n if
6.2
a failure to comply with the Project vocuments has resulted in the
imposition of a fine or penalty or has necessitated an expenditure
of monies by the Association to bring the Owner or his Condominium
into compliance. A Reimbursement Assessment shall be due and
payable to the Association when Levzed. A Reimbursement
Assessment sha11 not be levied by the Association until Notice and
�earing has been given. Reimbursement Assessments are enforceable
by judicial foreclosure of the lien or by any other manner
provided by law or in equity.
6.5 ACCOUNTS:
6.5.1 Types of Accounts: Unless otherwise determined
by the Board, assessments collected by the Association sha11 be
deposited into at least two (2) separate financial accounts which
shali be clearly designated as (i) the CUrrent Operation Account
and (ii) the Reserve Account. The types of accounts in which
funds may be held shall be limited to insured accounts (checking,
savings or other) with a savings and loan association or bank or
maney market mutual funds investing soleZy in United States
Treasury securities or in repurchase agreements secured by United
States Treasury securities. In addition, direct purchase of
United States Treasury securities maturing in six (6) months or
less shall be considered an "account" in which funds may be
invested for purposes of this Section. �ne Board shail deposit
those portions of the assessments coliected for current
maintenance and operation into the Current Operation Account(s)
and shall deposit those portions of the assessments collected as
reserves for contingencies and for replacement and deferred
�aintenance of capital improvements into the Reserve Account(s).
6.5.2 Current Ooeration Account: All of the following
may be paid from the Current Operation Account:
G.5.2.1 All costs of enforcing the provisions of
the Project Documents;
6.5.2.2 Taxes and assessments, if any, levied or
assessed separately against the Common Area and unsegregated taxes
and assessments pursuant to Section 7.12.
6.5.2.3 Sums n�cessary to discharge any lien or
encumbrance, includin� taxes, levied against any Condominium which
constitutes a lien against any portion of the Commott Area;
6.5.2.4 Insurance oremiums and costs for noiicies
ourcnased for the benefit of the Association;
6.5.2.5 Water, sewer, garbage,
te�eohone and other necessary utility services
Area, the Units and Restricted Common Area to
services are not separately metered or charged
�nits;
electrical, gas,
for the Common
the extent such
to individual
0.3
6.6.3.2 Late Charges: A late charge in an amount
to be fixed by the Board. in accordance with Civi1 Code Section
1366(c){2), to compensate the Assaciation for additional
collection costs ineurred in the event any assessment or other sum
zs not paid when due or within any "grace" period established by
law; provided, however, that such late charge shall not exceed ten
percent (ld$) of the delinquent assessment or ten dollars
($10.00), whichever is greater, or such greater amount as may from
time to time be ailowed by law;
6.6.3.3 Interest: Interest on all sums imposed in
accordance with this Article V2, including the delinquent
assessment, reasonable costs o€ collection, reasonable attorneys'
fees, and iate charges, at an annual percentage rate to be
established by the Board but in no event to exceed twelve percent
(12%) interest or such greater amount as may from time to time �e
allowed �y Law, commencing thirty (30) days after the assessmezit
becomes due; and
6.6.3.4 Costs of Suit: Costs of suit and court
costs incurred as are allowed by the court; and
6.6.3.5 Other: Any such other reasonable costs
that the Association may incur in the process of collecting
delinquent assessments or sums.
6.6.4 Certificate of SatisPaction of Lien: Upon
paytnent of a delinquent assessment or otiter satisfaction thereo�,
the Association shall record a certificate stating the satisfac-
tion and release oF the assessment lisn.
6.7 STATEMENT OF ASSESSMENT LIGV: Upon request, the
Association shall furnish to any Owner liable for assessments a
written certificate signed by an officer or authorized agent of
the Association stating the amount of any assessment secured �y
the lien upon his Condominium and stating whether the asszss�ent
or any portion has been paid. The certificate shall be conclusive
evidence as to the matters stated therein. A reasonable charge,
not to exceed Fifteen Dollars ($15.00}, may be made for tne
issuance of such certificate.
6.� SUBORDINATION OF LIEN: Notwithstanding any provision to
the contrary:
6.8.1 Subordination To Encumbrances: The liens for
assessments created by this Declaration sha11 be subject and
subprdinate to and shall not affect the rights of the holder oF
First i,7ortgage made in good faitli and for value. Upon the
; foreclosure of any First Mortgage on a Jnit, any lien for assess-
m�nts which become due prior to such �oreclosure shall be extin-
5uished; nrovided, however, that after the Foreclosure ot any such
First Mortgage there shail be a lien on the int�rest of tile
Purchaser at the foreclosure sale to secure all assessmenrs,
- 6.6
whether Regular, Special or Reimbursement, charged to such
Condominium after the date of such foreclosure sale, which lien
shall have the same effect and shall be enforced in the same
manner as provided herein. For purpnses of this Subsection, a
Mortgage may be gzven in good faith or for value even though the
Mortgagee has constructive or actual knnwledge of the assessment
lien provisions of this Declaration.
6.7
7.4 POWERS, DUTIES AND AUTHORITY OF THE ASSOCIATION: The
Association shall have the powers set forth in the Articles,
By-Laws and this Declaration. Zn addition to the duties and
powers enumerated in the Articles and By-Laws or elsewhere
provided for herein, and without limiting the generality thereof,
the Association shall:
7.4.1 Maintain in good condition and appearance,
repair, replace, restore, operate and manage a11 of the Comman
Area and all £acilities, improvements, equipment and 2andscaping
thereon, and all property that may be acquired by the Association.
7.4.2 Have the authority, but not the obligation, to
obtain, for the benefit of all the Condominiums, alI water, gas
and electric service and refuse callection, and janitorial or
windaw cleaning service.
7.4.3 Grant easements where necessary for utilities and
sewer faciiities over the Common Areas to serve the Comm4n Areas
and any of the Units.
7.4.4 Maintain such policy or policies of insurance as
are required by this Declaration or as the Board of Directors
deems necessary or desirable in protecting the interests of the
Association and its members.
7.4.5 Have the authority to employ a manager or other
persons and to contract with independent contractors or rnanaging
agents to perform all or any part of the duties or res�onsibil-
ities of the Association, provided that any contract with a firm
or person appointed as a manager or managing agent sna11 not
exceed a one (1) year terM and shall provide for the right of the
Association to terminate the same at the first annual meeting of
the members of the Association and to terminate the same for cause
on thirty (30) days written notice without cause or payment of a
termination fee. The Association sha11, at all times, emoloy a
professional manager or managing agent, although the contract with
any such manager or managing agent shall be limited in terms as
set forth above.
7.4.6 Discharge Uy payment, if necessary, any obliga-
tion which, in the opinion of the Board, may become a lien against
the Common Areas or any portion thereof, and assess the costs
thereof as an individual special assessment against the Unit of
the Owner responsible for the existence of said 1ien.
7.4.7 Adopt reasonable rules not inconsistent iaith tliis
Declaration relating to the use of the Common Areas and all
improvements and facilities now or hereafter located thereo«, and
the conduct of Owners and their tenants and guests with respect to
the Property an� other Owners.
7.2
�
�
7.4.8 Enforce the provisions and requirements of this
Declaration, the Articles and the By-Laws of the Association.
7•5 MAINTENANCE AND ZMPROVEMENT OF COMMON AREAS: The
Association shall provide for tYre maintenance and painting of
exterior building surfaces (exciuding maintenanee and replacement
of exterior doors and glass surfaces of Units), the repairing and
replacement of roafs, gutters and downspouts, the maintenance,
repair and replacement of landscaping areas and parking areas and
all other Common Areas. The responsibility of the Association for
maintenance and repairs shall not extend to repairs or
replacements arising out of or caused by the willful or negligent
act or neglect of an Owner or his tenants, or customers, sup-
pliers, guests and invitees of such Owner or tenant, the cost of
which is not covered by insurance. The repair or replacement of a
portion of the Common Area resulting from such excluded items
shall be the resQonsibility of the Owner to whorn the damage is
attributable; provided, however, that if an Owner shall fail to
make the repairs or replacements which are the responsibility ot
such Owner, as provided above, then, upon vote of a majority of
the Board of Directors taken after not less than thirty (30) days
notice to the Owner and an opportunity for a hearing before the
Baard, the Association shall have the right, but not the obliga-
tion, to enter the condominium Unit of the owner, if necessary,
and to make such repairs or replacements, and the cost of such
repairs or replacements shall be an individual special assessment
chargeable to such Condominium and sha11 be payable to the
Association by the Owner thereof.
7.6 MAINTENANCE OF LANDSCAPI�IG: The Association shall
maintain all of the landscaping within the Development in general
accordance with the landscaping plans approved by the City, unless
climatic condi�ions make such maintenance impracticable or unl2ss
vhe City consents to a change in the plan for tne landsca�ing. A
complete copy of the landscaping olans, as approved by the County
sha11 be kept with the books and records of the Association and
shall be available for inspection by the mernbers of the
Association as provided in the Bylaws.
7.7 ACCESS AT R�ASONABLE HOURS: For the ourpose of per-
forming the maintenance authorized by this Article or for anv
other purpose reasonably related to the performance by the Board
of its resoonsibilities under this Decl�ration, the Association's
agent or employee shall have the right, after reasonable written
r�otice to the Owner (of not less than twenty-four (24) hours,
unless an emergency exists} to enter any Onit during reasonable
hours and with as little inconvenience to the Owner as is practi-
cabLe.
7.8 CAPZTAL IMPROVEP•SENTS BY ASSOCZATION: The Association
may purchase equipment, furniture or fixtures or may construct or
cause to Me constructed caoital improvements upon the Common �rea,
orovided that the Association shall not inci.�r in any fiscal year
aggregate expenses for such purchases and construction which
7.3
exceed five percent
Association for such
consent of fifty-one
AssoCzation.
7.9 INSURANCE:
insurance coverage:
(5%) of the budgeted gross expenses of the
fiscal year without the vote or written
percent (51�} of each class of Members of the
The Association shall maintain the following
7.9.1 Property Insurance: A policy or policies of
"all-risk" insurance with extended coverage endorsement, including
vandalism and malicious mischief endarsements, and, if available
at standard rates in the community, an "Agreed Amount Endorsement"
or its equivalent, and if deemed desirable by the Board a
"Demolition Endorsement" or its equivalent, an "Increaseci Cost of
Construction Endorsement" or "Continqent Liability from Operation
of Bui2ding Laws Endorsement" or the equivalent, glass coverage
and any other reasonable endorseinent. Said property insurance
shall be for the full insurable replacement value of the Units and
Common Area, including all Project service equipment and fixtures,
and all fixtures or equipment within each Unit, as originally sold �
Uy Declarant. The 8oard may obtain such other property and
casualty insurance as the Board shall determine gives
substantially equal or greater protection to the Owners and their
Mortgagees, as their respective interests may appear. Said policy
or policies shall provide for a separate Loss Payable Endorsement
in favor of the Mortgagee or Mortgagees of each Condominium, if
any.
The Board shali review the Iimits of such insurance for
adequacy at least every year, and shall increase or adjust the
same, if necessary, to provide such coverage and �rotection as is
customarily carried by prudent property owners in the County in
which the Project is situated.
7.9.2 Liability Insurance: A policy or policies of
comprehensive oublic liaoility insurance insuring the Association,
the Declarant, the f3oard, the Owners and any �Ianager appointed as
hereinafter provided against any liability to the public, to the
Board, or to the Unit Owners and their invitees or tenants,
incident to the ownership and/or use of the Project and to protect
against any liability to the public or to any Unit Owner incident
to the use of, or resulting from any accident or intentional act
occurring in or about, any Unit or th� Common Area. The rninimun
limits of such insurance sha11 be determined 'ay the Board and
establisYted to r�rovide such coverage �nd orotection as is
customarily carried by prudent owners of similar oraperty in the
County in which the project is situated. The Board shall review
the limits and coverage of such insurance at least every year and
sha11 increase or adjust the sar,ie, if necessary, to orovide
adequate coverage and protection to the Association, 8oard,
Manager, if any, and Unit Owners. If available, said policy or
nolicies shall contain cross liability endorsement wherein tile
rights of the naned insure�3 thereunder shall not be prejudic:�d
with respect to any action by one insured th�reunder against
another nar�ed insured.
7.4
' ��
�
I
7.9.3 Insurance Provision and Limitation: The insur-
ance obtained pursuant to Sections 7.9.1 and 7.9.2 hereof shall be
subject to the following provisions and limitations:
7.9.3.1 The named insured under such policies
shall be the Association of the Project or its authorized rep-
resentative, as a trustee for the Owners of the Condominiums `
(except for all annexed phases or increments); x'
�
7•9•3.2 Al1 policies shall provide that coverage f
may not be canceled or substantially modified (except for cancel-
lation for nonpayment of premium) without at Ieast thirty {30)
days prior written notice to any and all insureds named thereon,
including the Mortgagees and their servicers;
7.9.3.3 Each such policy may be for a period of
not to exceed three (3) years provided the policy permits short
rate cancellation by the insured.
7.9.3.4 The Board may acquire any other types of �
insurance or insurance in amounts in excess of the limits orovided `
above if the Board, in its sole discretion, c�etermines the same to �
be necessary to fully protect the interests of the Units Owners.
�
7.9.4 Worker's Com ensation: Worker's Compensation
Insurance, to the extent necessary to comply with aI1 applicable
laws of the StaLe of California or the regulations of any gover:�-
mental body or authority having jurisdiction over the Project.
7.9.5 ridelity Bond: Tf reasonably available, a
fidelity band namtng the Board, the Owners, the Assoeiation and
such other persons as a majority o£ the Board may designate as
obligees, in an amount as the Board determines to be affordable
3nd appropriate. The fidelity bond shall contain a waiver of any
c3efense oased upon the exclusion nf persons serving without
compensation.
7.9.6 Director and Officers: If reasonably available,
errors and omissions insurance covering Directors and Of£icers of
the Association, in amounts and types as the Board determines to
be affordable and appro�riate.
7.10 PROJECT RULES:
i
7.10.1 `I'he Board may, from tir,ie to time, and subject to ;
tne provisions of this Declaration, propose such Rules as the '
Board may deern necessary for the management of tne Project. Said 1�
Rules shall become effective and ninding on a11 Unit Owners aftzr I.=
a�option by fifty-one percent (5i%) of the voting power af each `"
class of [�lembers at a meeting duly called for that purpose, or ay �
t�e written consent o= the same number of Unit Owners aopended to
a copy of the proposed Rules. Such Rules nay eoncern, but r�eec;
not be Lirtitec� to, t�e following subjects:
7.5
7.10.1.1 Use of the Common Area, includinq any
Restricted Common Area;
7.i0.1.2 Signs;
7.10.1.3 Collection and disposal of refuse;
7.10.1.4 Minimum standards of maintenance of the
Project;
7.10.1.5 Use of any Parking and Storage Spaces
located in the Common Area; and
7.10.1.6 Any other subject or matter within the
jurisdiction of the Association as provided in this Declaratian.
7.11 NOTICE AND HEARING: Prior to making a decision to
impose any penalty provided herein, other than suspension of
voting rights, the Board shall send written notice to the Unit
Owner specifying the nature of the infraction and shall provide
the Unit Owner with an opoortunity to a hearing before tne Board
regarding such infraction and the penalty to be iinposed. The
Board may vote to suspend an owner's voting rights nrior to
providing notice of and an opportunity to the Owner to a hearing
before the Board, but such suspension shall not become ef€ective
until fifteen (15) days after the Owner receives notice o£ such
decision to suspend voting rights and unless the Owner zs provided
notice of and an opportunity to a hearing before the Board at
Zeast five (5) days before the effective date of such
suspension. In the event that the Board determines that an
infraction has occurred and that a oenalty shall be imposed, after
a reasonable opoortunity for a hearing tias been provided, the
determination of the Board sha11 be final.
7.6
�
ARTICLE 8
DEVELOPMEL�IT RIGEiTS
8.1 LIMITATIONS OF RESTRICT3pNS: Declarant is undertaking
the work of developing Condominiums and other Improvements within
f,; the Project. The completion of the development work, the market-
ing and sale, rental and other disposal of the Condominiums is
essential to the establishcnent and welfare of the Subject Prop-
erty. In order that the work may be completed and the Project be
established as fully occupied as rapidly as possible, nothing in
this Declaration shall be understood or construed to deny Declar-
ant the rights set forth in this Article 8.
8.2 RZGHTS OF ACCESS AND COt�IPLETION OF CONSTRUCTION:
Declarant, its contractors and subcontractors shall have the right
to:
8.2.1 Obtain reasonable access over and across tlie
Common Area of the Project to do within any Unit owned by it or in
"r any portion of the Project whatever is reasonably necessary or
, advisable in connection witn the completion of the Project; and
,_.
� 8.2.2 Erect, construct and maintain on any pdrtion of
� the Project such structures as may be reasonably necessary to
g complete the work, establish the Project and dispose of the
�`�:Project in parcels by sale, lease, or otherwise.
�.
8.3 SIZE AND APPEARANCE OF PF2QJECT: Declarant sha11 not be
prevented from changing t}ie exterior appearance of Common Area
a>structures, or any other matter directly or indirectly connected
:x' with the Project in any manner deemed desiraUle by Declarant, if
� Declarant obtains governmental consents required by 1aw.
tr
8.4 t�1ARKETING RIGHTS: Subject to the Iimitations of this
"'Section, Declarant shall have the right to rnaintain �]odel Units,
sales offices, storage areas and related facilities in any unsold
`"Units or Common Area within the Project as are necessary or
;-reasonable, in the ooinion of beclarant, for the sale or disposi-
�£tion of the Condominiums, make reasonable use of the Comr.ion Area
,a;;� and facilities for the sale of Cor�ciominiurns, and conduct its
'�'business of disposing oi Condominiums by sale, lease or otlierwise.
�, .
�tz
n��{ f3. 5 LAC�ibSCAPE FLANS AND CONSTRUCTION OF I?�1PROVEMEDITS :
Declarant shall improve or cause to be improved the landscaued
� Portions of the cor.imon areas and other common areas or �ronerties
sas shown on the following plans:
3. 5. 1 Landscape Plans : Plans consisting of ��,�� (L)
Sheets designated �� pLAIQTING PLAN AMD D�TarT S ,° �
dated ;�arch 10. , 198�, prepared '
by FANJI YANO ANp 4SS0 7A'('F' r
, ��ether
8.1
with the Legend of Plants, Irrigation System and Specifications as
shown on the Plans. Declarant shall file a copy of the plans with
the Association. The Association shall maintain same on fiie as
(a) permanent records available for inspection and review by
prospective owners and other interested persons; and {b) for
performing of its duties with respect thereto.
S.S.2 Other Improvement Plans: The Association shall
maintain as-built plans for the Projact on file as: {a) perManent
records available for inspection and review by prospective owners
and other interested parties; and {b) for performance of its
duties with respect thereto.
8.5.3 Maintenance per P1ans: The Association shall
maintain and repair the works of imQrovement within tye lan�scaped
areas and the common properties as constructed within said
properties in accordance with said plans including, but not
limited to, the driveways, curbs and gutters, fences, landscape
planting, water supply system, sanitary sewer, storm drain system,
area lighting system, fire prevention system, irrigation system,
retaining walls and subdrain system, traffic control signs,
devices and striping, grades and slopes, and maintain and repair
the improvements constructed in other portions of the common areas
or properties. Any modifications of the inprovements instalied in
accordance with said plans shali be made (1) in accordance with
the pracedure set forth in the Deelaration of Covenants,
Conditions and Restrictions; and (2) modification of the use
permit or other aoplicable zoning permit as so required. The
Assaciation shall provide funds for said maintenance and repair in
accordance with the assessment provisions set forth in Article o
of these Covenants.
8.2
ARTICLE 9
RIGHTS OF MORTGAGES
9.1 CONFLICT: Notwithstanding any contrary provisions
contained elsewhere in the Project Documents, the provisions of
this Article shall control with respect to the rights and obli-
gations of Institutional Mortgagees specified herein.
9.2 LIABILITY FOR UNPAID ASSESSMENTS: Any Institutional
Mortgagee who obtains title to a Candominium pursuant to the
remedies grovided in the First Mortgage (except upon a voiuntary
conveyance to the Institutionai Mortgagee) or by foreclosure shall
take the property free of any claims for unpaid assessments or
charges against the Condominium which accrue prior to the
acquisition of title to the Condominium by the Institutional
i�4ortgagee.
9.3 l2ESERVE FUND: The Association sha11 maintain as reserve
funds the Reserve Accounts pursuant to Sections 6.5 hereof, wnich
shall be sufficient to pay for maintenance, repair and periodic
replacement of Common Area improvements which the Association is
obligated to maintain. These reserve funds shall be funded by
Regular Assessments payable in installments, as specified in
Section 6.2 hereof, rather than by Special Assessments; provi.ded,
however, that this provision shall not be deemed to limit the
power of the Association to Levy any other type of assessment or
charge authorized by this Declaration.
9.4 TERMINATZOi�T OF COPdTRACTS AND AGREEiNENTS:
9.4.1 Any contract or iease, including any contract
providing for the services of Declarant, entered into by the
Association while Declarant controls the Association sha11 nrovic3e
that the Association has the right to terminate such contract or
lease without cause and without penalty or the oayment of a
termination fee at any time after the transfer of control oE tlle
Association from Declarant rapon not more than ninety (90) days
notice to the other party. For purposes of this Subsection, the
term "control" shall mean the right of Declarant to exercise
unilateral control over the Association, the �oard, the Project or
the Owners in any manner other than D�clarant's exercise of votes
allocated to Declarant on th� same basis as votes are allocated to
other Owners.
9.4.2 Any agreement for orofessional manaoer;�ent of the
Project or any agreement providing for services of the �eclarant
shaA1 be for a term not to exceed one (1j year without the assent
of fifty-one oercent (513} of each class of ��1e�sbers; �rovided,
however, that in no ev?nt sha11 such an agreement esceed a t�rm of
three (3) years. Any such agr.eement sha11 orovide that tize
agreeraent may oe termz.nated Uy either party witllout cause �3nd
9.1
"
without payment of a termination fee upon not more than ninety
(90) days written notice.
9.5 NOTICES TO ELIGIBLE HOLDERS: An Eligible Holder is
entitled to timely written notice of:
9.5.1 Any condemnation loss or casualty loss which
affects either a Material portion of the Project or the Condomin-
ium on which the Eligible Holder holds a First r7ortgage;
9.5.2 Any delinquency in the payment of assessments or
charges owed by the Owner of a CondoMinium which is subject to a
First Mortgage held by the Eligible Holder if the delinquency is
not cured within sixty (60) days after its due date;
9.5.3 Any lapse, cancel3ation or material modification
of any insurance policy or fidelity bond maintained by the
Association;
� 9.5.4 Any proposal to take any action specified in this
Article 9 or in Section 10.1, below;
9.5.5 Any default by an Owner-mortgagor of a Condo-
minium in the performance of his obligations under this Declara-
tion or the By-Laws which is not cured within sixty {60) days.
9.6 INSPECTION OF BOOKS AND RECORDS: Upon request, any
Owner or First Mortgagee shall be entitled to inspect the books,
records and financial staternents of the Association, tne Project
Documents and any amendments thereto during normal ousiness hours
or under other reasonable circumstances.
9.7 FINANCIAL STATEh1ENTS: The Association shall �reoare a
financial state�ent for the immediately preceding tiscal year and
furnish the sa�e within one hundred twenty (120) days after
written request from any Institutional PSortgagees which �esire to
hdve financial statements of the Association for the imr.iediately
preceding fiscal year. The Institutional Mortgagees, at their
expense, may cause an audited financial statement to be prepared,
if one is not otherwise available.
9.8 TERPRINATION OF PROJECT: Except as provided by statute
in the case of condemnation or substantial loss to the Condomin-
iums and/or the Common Area, any decision, by act or omission, to
abandon or terminate the legal status of the Project as a Condo-
minium Project silall require:
9.8.1 The apgroval of sixty-seven percent (070) of the
Institutional i�ortgagees, based on one (1} vote for each cirst
Mortgage owned, if the decision to terminate the 1ega1 status is ,s
result of substantial destruction or a substantial taking in
condemnation of the property within khe Project; or
9.2
9.8.2 The approval of sixty-seven percent (67�) of the
• total voting pawer of the Association and sixty-seven oercent
(67$) of the Eligible Holders, based on one (1} vote for each
First Mortgage owned, if Section 9.8.1, above, is not applicable.
9.9 ACTION5 REQUIRING CONSENT; Except as provided by
statute in the case o£ condemnation or substantial loss to Units
and/or Common Area, unless sixty-seven percent {67�) of the
Institutional Mortgagees, based on one (1) vote for each First
Mortgage owned, or sixty-seven percent (b7%) of the Owners other
tran Declarant, have given their prior written approval, the
�ssociation shall not be entitled to:
9.9.1 Use hazard insurance proceeds for losses to any
Project property (whether to Units or Camr.ion Area) for other than
the repair, replacement or reconstruction of the Project oroperty;
9.9.2 Partition or subdivide any Condominium;
9.9.3 Sy act or omission seek to abandon, partition,
subdivide, encumber, sell or transfer the Conmon Area; provided,
however, the granting of easements for public utilities or for the
other public purposes consistent with the intended use of the
Common Area by the Project shall not be deemed a transfer within
the meaning of this clause;
9.9.4 Change the pro rata interests or obligations of
any individual Condominium for the ourpose of levying assessments
or charges or allocating distributions of hazard insurance
proceeds or condemnation awards.
9.10 PARTIAL CO�DEMNATION OR DESTRUCTIO�I:
9.10.1 In the event a portion of the Project is either
condemned or destroyed or damaged by a hazard that is insured
against, restoration or repair shali be o2rformed substantially in
accordance with the provisions of this DecZaration and the
original olans and soecifications for the Project, unless Fifty-
one percent (51%) of the Eligible Holders, based on one (1} vote
for each First Mortgage owned, approve the taking oF other action
by the Association.
9.10.2 After a oartial condemnation or partial de-
struction of the Project, no reallocation of interests of �wners
in the Common Area may be effected without the prior written
aporoval of sixty-seven percent (G7"s) of the Institutional
�7ortgagees on all remaining Condominiums, whether existing in
whole or in part, based on one (1) vote for each First tilortqage
owned.
9.11 SEL�-MANAGEMEVT: The vote or written consent of sixty-
seven percent 67%) of the total voting power of the ,�ssociation
and fifty-one percent (5i�) of the Eligible Holders, based on one
(1) vote for each cirst P7ortgage owned, sha11 De required ta
9.3
assume self-management of the Project, if professional management
of the Project has been required by an Eligible Holder at any
time.
9.12 INSURANCE POLICIES: Each policy of insurance shall
provide that no substantial modification or cancellation of the
policy may occur without at least ten (10) days prior written
notice to the Association and to each First Mortgagee listed as a
scheduled holder on the policy.
9.13 MORTGAGE PROTECTION: No breach of any of the cove-
nants, conditions and restrictions nor the enforcement of any lien
provisions contained in this Deciaration shall render invalid the
lien of any First Mortgage made zn good faith and for value on any
Condominium, but all of the covenants, conditions and restrictions
set forth herein shall be binding upon and effective against any
Owner whose title is derived through foreclosure, trustee's sale
or otherwise.
I
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�
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F�
ARTICLE 10
AMENDMENT AND ENFORCEMENT
10.1 AMENDMENTS: Prior to the conveyance of the first
Condominium, any Project Document may be amended by Declarant
alone. After conveyance of the first condominium, the provisians
of this Declaration may be amended by the vote or written consent
of the record Owners constituting not less fifty-one percent (51$)
of each class of Members. Any Amendment sha11 be effective upon
the recordation in the Official Reeords of the County of an
instrument setting forth the terms of the amendment, duly cer-
tified and executed by the President and Secretary of the Asso-
ciation.
10.2 ENFORCEMENT AND NON-WAIVER:
10.2.1 Ri�ht of Enforcement: The Association, through
appropriate action by the Board, shall have the power to enforce
the provisions of the Project Documents in any �anner provided Uy
law or in equity and in any manner provided in this Declaration. �
The Association may institute appropriate legal action, suspend an
Owner's voting rights for a period not to exceed thirty (30} days
and/or Levy a fine against an Owner in an amount not to exceed
Five Hundred Dollars ($500.OQ) or such other standard maximum '
amount as may be approved by fifty-one percent (51�) of each class
of t�embers. Unpaid fines, penalties and Reimbursement AssessMents
shall be enforceable by the private power of sale orovisions of
this Declaration. No determination of whether a violation has oc-
curred shall be �ade until Notice and Hearing has been provided to
the Owner. In the event legal action is instituted by the
Association, any judgment rendered shall include a1.1 appropriate
Additional Charges. Notwithstanding anythin to the contrary
contained in this DecLaration e ssociation sna11 not have the
�ower to cause a orfeiture or abrzdgemen of an Owner's right to
the u11 use and t of his in ividually owned 'Jnit,
includinq access thereto over and across the Common Area, ue to =-
the Owner's failure to comply with the provisions of the Project
Documents, unless the loss or forfeiture is the result of the
judgment of a court, an arbitration decision or a foreclosure
proceeding or a sale conducted pursuant ta tizis Declaration. The
provisians of this Declaration shall be equitaole servitudes,
enforceable by any Owner and/or the �ssociation against the '
Association and/or any other c?wner, tenant or occupant of tne
Project. Any Owner who seeks legal recourse to orevent '
I
unautharized expenditures oF funds ftom the Current Oneration j
Account(s) and/or the Reserve Account(s) and who orevaiLs shall Ue
entitled to attorneys' fees and court costs. Except as otherwise
nrovided, Declarant, the �ssociation or any Owner(s) shall hav�
tne right to enforce, in any manner permitted 'oy 1aw or in equity,
any and all of the provisions of the Project Doctiments, including �
any decision made by the Association, upon tne Owners, the
Association or upon any property in tne Proje�t. `�=
10.1
10.2.2 Violation of Law: Any violation of any state,
municipal or local law, ordinance or regulation pertaining to the
ownership, occupation or use of any property within the Project is
hereby declared to be a violation af �his Declaration and subject
to any or all of the enforcenent procedures herein set forth.
10.2.3 Remedies Cumulative: The remedies provided by
this Declaration are cumulative and not exclusive.
10.2.4 Nonwaiver: The failure to enforce the provis-
ions of any covenant, condition or restriction contained in this
Declaration shall not cons�itute a waiver of any right to enforce
any such provisions or any other provisions of this Declaration.
10.2
���
ARTICLE 11
MISCELLANEOUS PROVISIONS
11.1 MECHANIC'S LIENS: If a notice of inechanic's lien is
filed against the Project for, or purporting to be for, labor or
material aileged to have been furnished to or delivered for any
Owner within the Project or at his Unit, the Owner shall forthwit}�
cause the lien to be discharged by payment, bond or otherwise. If
the Owner fails to discharge the lien, the Board may provide
appropriate Notice and Hearing to the Owner to determine the
validity of the lien and any offsets or defenses thereto. At that
time the Board shall determi.ne f.he validity of the lien and, if
valid, whether the lien adversely and improperly affects and
encumbers the ownership interest of otY►er Owners. If the Board
determines that the lien does encumber such interest and tha�. no
adequate protection o� the interests of other Owners has k�een
provided, the Board may cause the lien to be discharged by
payment, bond, or otherwise. TY►e Board shall then levy a Rei:n-
bursement Assessment against the Owner(s) responsible for the
existence of the lien together with any Additional Charges
incurred. If the Board determines that the lien is not valid, it
shall take whatever action is necessary to properly protect the
interest of the �wners.
11.2 TERM OF DECLAP.ATZON: This Declaration sha11 continue
for a term of fifty 50 years from its date of recordation.
:hereafter, this Declaration shall be automatically extended for
successive periods of ten (10) years until a vote of sixty-seven
percent {67�) of the Owners determined that this Declaration sha11
terminate.
11.3 CUi�ISTRUCTION OF PROVISIONS: The provisions of this
Declarati.on shail be liberally construed to effect its purpose of
creating a uniforrn plan for tlle development and o�eration of a
condominium project pursuant to the provisions of Section 1350, et
seq. of the California Civil Code.
11.4 BINDiNG: This Declaration shall �e for the �enefit of
and be binding upon all Owners, their resnective heixs, legatees,
devisees, executors, administrators, guardians, conservators,
successors, purchasers, tenants, encumbrancers, donees, yrantees,
mortgagees, lienors and assigns.
11.5 SEVERABILI'PY OF PROVISIONS: The provisions hereot
shall be deemed independent and severable, and tne invali�3ity or
unenforceability of any one provision sha11 not affect tlle
validity or enforceability of any other provision hereo�.
ll.h GENDER, CIUMBER AL1D CAPTIONS: As use3 herein, the
singular shall include the pL�.�ral and masculine pronouns snaLl
include fer,linine and neut�r pronouns, �ehere a�[�ropriat�. The
title and captions of each �aragrapll hereof are not a oart thereof
11.1
and shall not affect the construction or interpretation of any
part hereof.
� 11.7 REDISTRTBUTION OF MANAGEMENT DOCUMENTS: Upon the
resale or other conveyance of any Condominium by any Owner, the
' Owner shall supply to the buysr or other transferee of the
� Condominium, a copy of each of the Project Documents.
11.8 EXHIBITS: All Exhibits attached to this Declaration
are incorporated by this reference as though fully set forth
herein.
11.9 CO�FLICT: In the event of a conflict, the provisions
of this Declaration shall prevail over the Articles, the By-Laws
and the Rules.
IN WITNESS WHEREOF, the undersigned has executed this
Declaration on the date first above wr'tten.
DECLARANT:
E D S. CAUCHI
Exhibits:
W `..��
F2 RT W. KENT
�1 - Disclosure Table of Office Space
B - Allocation of Assessments
-� 11.2
_ DISCLOSURE TABLE OF OFFICE SPACE
EXHIBIT 'A"
UNiT AREA TQBLE
UN1T FIRST fL00R MEZZ. TOTAL (S.F.3 OFFICE PERCENT ('9i.)
NQ. (S. F) `S.f. ) 1 ST. Ft.�} MEt2. tS.F ) OFFICE Tn TOTAt
I 370Q I 610.8 43l0.9 577.9 i3.4
2 1953.9 322.1 2278.0 304.8 l:f.4
3 t991.7 322.1 2313.8 304.8 03.2
4 2027.2 322. f 2349.3 304.8 18.4
5 2063.0 322. t 2385. I 304.8 12.8
6 2098.7 322.1 2420.8 304.8 12.6
7 2134.3 322. t 2486.4 304.8 12.4
8 2170.0 322.1 2492.1 3048 12.2
9 2206.6 322.1 2527.6 304.6 12.1
10 2241.3 322.! 2563.4 304.8 11.9
11 2276.8 322'.I 259�.9 304.8 11.7
12 2312.6 322.! 2634.T 304.8 11.6
13 2348.1 322.t 2570.2 304.8 Il.4
14 2323.8 3 i4.0 2637.9 297.2 1 f.3
TOTAL 31849.0 4790.0 36639.0 4532.7 AVERtiGE i2.4'k
�S
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CJNIT NO.
1
2
3
4
5
6
7
8
9
10
11
iz
13
14
ALLOCATION OF ASSESSMENTS
EXHIBIT "B"
SQUARE FOOTAGE
4,3I0.9
2,278.0
2,313.8
2,349.3
2,385.1
2,420.8
2,456.4
2.492.1
2, 527.6
2,563.4
2,598.9
2,634.7
2,670.2
2,637.8
TOTAL 36,639.0
FERCELdT OF ASSESSMENTS
11.8$
6.2$
6.3�
6.4�
6.5$
6.6$
6.7$
6.8$
6.9$
7.0$
7.1�
7.2$
7.3$
7.2$
TOTAL 100.0$
��.
BURLirvGwME
COMMUNITY DEVELOPMENT DEPARTMENT • 501 PRIMROSE ROAD • BURLINGAME, CA 94010
p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org
APPLICATION TO THE PLANNING COMMISSION
Type of application:
❑ Design Review
❑ Conditional Use Permit
PROJECT ADDRESS:
� Variance
❑ Special Permit
���
❑ Parcel #:
❑ Zoning / Other: r�f�
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APPLICANT PROPERTY OWNER
Name: ���If N.�� �� Name. � ����%� �� i� C' L�
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Address: l�b�� �'iJk SUI�i -�XVN Address: ( �_�f\�RI ���
City/State/Zip: ��f�i � �c'I�L.�S(�U ('���1��-City/State/Zip: ���l..U+JE�/t�,/l�, i CJ� U%�(l,'
i
Phone: �/ 5�Y� / �' �� 3 Phone: � 4� 7 �� �� �
E-mail: �,�1; M�j o 1 e..e l�� �j ( t�u'�_ G'n� E-mail: 5 C 11 c �� �Z (; l� � n.��.�� _ c�v�1
J
ARCHITECT/DESIGNER
Name: Sc2.�z � �� c���� v e
Address: _
City/State/Zip:
Phone:
E-mail:
Burlingame Business License #:
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Ch���d.
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Authorization to Reproduce Project Plans:
I hereby grant the City of Burlingame the authority to reproduce upon request and/or post plans submitted with this
application on the City's website as part of the Planning approval process and waive any claims against the City
arising out of or related to such action. �n/L-- (Initials of Architect/Designer)
PROJECT DESCRIPTION: T�N��� �MI'f-='ti�M��T
AFFIDAVIT/SIGNATURE: I hereby ce ' under penalty of perjury that the information given herein is true and correct to the
best of my knowledge and belief. n
/� � i/ /
Applicant's signature: l `�`� ;X� Date: �' ` 2 Z-��.'
I am aware of the proposed application ar�d hereby authorize the above applicant to submit this application to the Planning
Commission. J
Property owner's signature: 5 C.- l�Cc����� Date:
����
Date submitted:
S: �HANDOUTS�PCApplicotion.doc
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COMMUNITY DEVELOPMENT DEPARTMENT • 501 PRIMROSE ROAD • BURLINGAME� CA J4O'I O
p: 650.558.7250 • f: 650.696.3790 • www,burlingame.org
�4PPLICATIC)N TO THE PLANNING COMMISSION
i'ype Qf application:
❑ Design Fteview ❑ Variance
� Conditianal Use Permit ❑ Speciai Permit
PROJECT ADDRESS: (1 �J
APPLICANT
Name: <<--
Address: ��
City/Sfiate/Zip:�l
Phone: (p$�b
E-maii: P_1X ILi ►1C�
❑ Parcel #�
❑ Zoning / Other:
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Gla
y � l�Cw�p G�rt�
ARCH{TECTIDESIGNER
Name:
'� � � P �.
Acidress: (io ��
City/Stateizip: �, �
c.
Phone: coS_C� �
E-mail: P I 1t��rS � M�c�a.
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Burlingame Business License #: � �Cp1 � _
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Authorization to Reproduce Proiect Plans:
I hereby grant the City of Burlingame the authority to reproduce upon request and/or post plans submitted with this
application on the City's website as part o e Planning approval process and waive any claims against the City
arosing out of or related to such action. ��(Initials of Architect/Designer)
r'ROJECT DESCRfPTION: Uci �
l9 S � 11�1 -r�-�. ��
e
Name: ���`L1�--�.��% __
Address: ���j � t�vi2.1 A� (S�didtp � � � -----
City/State/Zip:� V /L�,�I�6sq�yl,t�., Cµ �401 d
' �� -�-� `� S �t 1
Phone: r-
E-mail: _� � �_(�U �l�v L OO,C'.O 1�
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AFFIDAVIT/SiGNATURE: I hereby penalty of perjury that the information given herein is true and correct to the
best of my knowledge and belief
ApplicanYs signature: Date: Z 4 y P/�Z0(j�
; am aware of the proposed application and hereby authorize the above applicant to submit this application to the Planning
Comrr;ission.
Property owner's signature: __ Date: �i� � p�i 20�' _
, 3 `� ,
Date submitted: :' � �
S: `NANDOUTS�PC Apoiico fion. doc
PROPERTY OWNER
City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-i790 �vww.burlineame.oro
/�� CITY �
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BURLINGAME
.�o- s�
CITY OF BURLINGAME
CONDITIONAL USE PERMIT APPLICATION
The Planning Commission is required by law to make findings as defined by the City's Ordiilance (Code
Section 25.52.020). Your answers to the following questions can assist the Planning Commission in
making the decision as to whether the findings can be made for your request. Please type or write neatly
in ink Refer to the back of this form for assistance with these questions.
1.
2.
3.
Explain why tl�e proposed use at the proposed locution wil/ not be detrimentul or injurious to
property or improvements in the vicinity or to public healtlr, safety, general welfare or
eonvenience.
The proposed use at the proposed location will activate the warehouse usage in the area without
creating any detrimental or injurious to property in the vicinity or to public health, safety, general
welfare or convenience. The proposed use is consistent with the allowable uses listed in the
Planning and Zoning Ordinance of City of Burlingame. The proposed use also does not
have significant noise, traffic, or environmental impact.
How wil! tl:e proposed use be locuted and co�zducted in accordaiice with the Burlingame
General Plan und Zoning Ordinance?
The proposed renovation does not have any exterior modification and it's a tenant
improvement project. The proposed one-on-one basis training facility will require two
parking spaces which are currently provided by the subject property Unit 14. The proposed use
and business is consistent with the uses allowed via conditional use permit application. The proposed
use is consistent with the generally stated intent and purpose of the Planning Code to promote
orderly and beneficial development and use.
How will t/�e proposed project be compatih/e with t1:e uesthetics, mass, bulk and churucter of
11ze existing and pote�ztial uses on adjoining properties in the general vicinity?
The proposed renovation and business does not significantly the existing character of the existing
potential uses on adjoining properties as there is no change to the existing building envelope in
terms of appearance, aesthetics, mass, bulk.
REC�IV��
JUN 24 2016 CUPFRM
CITY OF BURLINGAME
CDD-PLANNING DIV.
��� �
6URliNGAME
�
CITY OF BURLINGAME
VARIANCE APPLICATION
The Planning Commission is required by law to make findings as defined by the City's Ordinance
(Code Section 25.54.020 a-d). Your answers to the following questions can assist the Planning
Commission in making the decision as to whether the findings can be made for your request.
Please type or write neatly in ink. Refer to the back of this form for assistance with these questions.
a. Describe the exceptional or extraordinary circumstances or conditions applicable to
your property which do nof apply to other properties in this area.
COMMUNITY DEVELOPMENT DEPARTMENT • 509 pRIMROSE ROAD • BURLINGAME, CA 94010
p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org
The proposed renovation will need two parking spaces at the peak of the regular
business hours as all patrons' visit will be one-on-one basis with appointment. There will
never be the parking spaces needed if the proposed project is considered as a regular
gymnasium.
b. Explain why the variance request is necessary for the preservation and enjoymenf of a
substantial property right and what unreasonable property loss or unnecessary
hardship might result from the denial of the application.
Without the variance application, the existing site constraints will not allow a proposed
use and business to be operated at subject property.
c. Explain why the proposed use at the proposed /ocation will not be detrimental or
injurious to property or improvements in the vicinity or to public hea/th, safety,
general welfare or convenience.
The proposed business and use will not create significant increase in terms of
waste, noise, traffic, or any noticeable environmental impact. Additional fire sprinkler
system will be provided per current building and fire requirements due to the additional
area to be added. The proposed business certainly will offer physical health services to
nearly communities and residences.
d. How will the proposed project be compatible with the aesthetics, mass, bulk and
character of the existing and potential uses on adjoining properties in the genera!
vicinify?
The proposed tenant improvement project does not have any modification to the
exterior or and building envelope.
�G��I V ��.J
JUN 2 4 2016
Handouts\Variance Application.2008
CITY OF BURLINGAME
CDD-PLANNING DIV.
Community Development Dept. • 501 Primrose Road • Burlingame, CA 94010 • P:650.558.7250 • F:650.696.3790 • www.burlinqame.ora
`a�;filf-�
BURIINGAME
�' COMMERCIAL APPLICATION
PLANNING COMMISSION APPLICATION SUPPLEMENTAL FORM
1. Proposed use of t�e site PROFESSIONAL TRAINING STUDIO
2. Days and hours oi operation � DAYS, 3-5 HOURS EACH DAY
3. Number of trucks/service vehicles to be parked at site (by type)
ONE STANDARD FOR TRAINER (OWNER), ONE STANDARD FOR PATRON
4. Current and projected maximum number of employees (including owner) at this location:
Hours of Before After Before After Before After
Operation 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 pm
Weekdays 1 0 1 0 1 0
Full-time
Part-time
Weekends
Full-time
Part time
5. Current and projected maximum number of visitors/customers who may come to the site:
Hours of Before After Before After Before After
Operation 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 pm
Weekdays
3 0 5 0 5 0
Weekends
4 0 5 0 5 0
6. What is the maximum number of people expected on site at any one time (include owner, employees and
visitors/customers):
2(ONE TRAINER AND ONE PATRON)
7. Where do/will the owner and employees park? ON SITE DESTINATED PARKING
8. Where do/will the customers/visitors park?
ON SITE DESTINATED PARKING
9. Present or most recent use of site
1�. List other tenants on property, their number of employees, hours of operation (attach a list if more room is
MANUFACTURE
neededl UNIT 1& 2= CLOTHING APPAREL, UNIT 9= LIGHT FIXTUR
a
REST OF THEM SEEM VACANT.
G
CoRrtur�rcj�l�p�{icaEion. doc
Nrrc G LUId
CITY OF BURLINGAME
CDD-PIANNING DI1/.
1731 Adrian Road - Parkinq Lo
5/22/2016 5/23/2016 5/24/2016 5/25/2016 5/26I2016 5/27/2016 5/28I2016
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Morning � � � � � �
Afternoon � � � � � �
RECEIVE�
JUN 2 4 2016
CITY OF BURLINGAME
CDD-PLANNING DIV.
CITY OF BURLINGAME
City Hall — 501 Primrose Road
Burlingame, California 94010-3997
April 4, 2016
Mr. Steve C�hou
1731 Adrian Road, Suit 14
Burlingame. CA 94010
- �—
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9'�'1�awA..te
COMMUNITY DEVELOPMENT DEPARTMENT
Building Division
PH: (650) 558-7260
FAX: (650) 696-7208
RE: 1731 Adrian Road, Suite 14, BurlinganZe, CA; Work without permit.
Dear Mr. Chou:
Thank you for allowing the City access for a site inspection on March 31, 2016 at the above referenced
property that you own.
This letter is to inform you that plans and a bLiilding permit are required for all construction within the
City. Y"ou are hereby directed to refrain from performing or authorizing any work until all required
permits have been obtained. Please provide a building permit application and three sets of plans by
May 31, 20l 6.
You can contact me in the Building Uivision at (650) 558-7267 if you have any questions.
Sincerely,
Marco Cavalieri
Building Inspector
cc: file
Register online for the City of Burlingame list serve at www.burlinqame.orq
r
Project Comments
Date
To:
From:
April 29, 2016
� Engineering Division
(650) 558-7230
X Building Division
(650) 558-7260
� Parks Division
(650) 558-7334
� Fire Division
(650) 558-7600
� Stormwater Division
(650) 342-3727
� City Attorney
(650) 558-7204
Planning Staff
Subject: Request for Conditional Use Permit for a Commercial Recreation Use
at 1731 Adrian Road #14, zoned RR (Automobile Overlay
District), APN: 109-390-140
Staff Review: Revised plans date stamped April 22, 2016
1) On the plans specify that this project will comply with the 2013 California Building
Code, 2013 California Residential Code (where applicable), 2013 California Mechanical
Code, 2013 California Electrical Code, and 2013 California Plumbing Code, including all
amendments as adopted in Ordinance 1889. Note: If the Planning Commission has not
approved the project prior to 5:00 p.m. on December 31, 2016 then this project must
comply with the 2016 California Buildii7g Codes.
2) Specify on the plans that this project will comply with the 2013 California Energy
Efficiency Standards.
Go to http://www.ener�y•ca.gov/title24/2013standards/ for publications and details.
3) Provide rivo completed copies of the attached Mandatory Measarr�es with the submittal of
your plans for Building Code compliance plan check. In addition, replicate this
completed document on the plans. Note: On the Checklist you must provide a reference
that indicates the page of the plans on which each Measure can be found.
4) Place the following information on the first page of the plans:
Construction Izours i�r tlie City Public riglit-of-way are limiterl to weekdays and non-
City Holidays betrveen 8:00 a.nz. and 5:00 p.»r.
Note: Construction hours for work in the public right of ��-ay must now be included
on the plans.
�) Anyone who is doing business in the City must have a current City of Burlingame
business license.
6) Provide fully dimensioned plans.
7) Provide a fully dimensioned site plau which shows the true property boundaries, the
location of all structures on the property, existing driveways, and on-site parking.
�
8) Provide existing and proposed elevations.
Note: Any revisions to the plans approved by the Building Division must be submitted to,
and approved by, the Building Division prio�� to the iniplementaCion of any wof•k not
specifically shotivn on the plans. Significant delays can occur if changes made in the field,
without City approval, necessitate further review by City departments or the Planning
Commission. Inspections cannot be scheduled and will not be performed for work that is
not shown on the Approved plans.
NOTE: A condition of this project approval is that the Demolition Permit will not be
issued and, and no work can begin (including the removal of a� building
components), until a Building Permit has been issued for the project. The property
owner is responsible for assuring that no work is authorized or performed.
9) When you submit your plans to the Building Division for plan review provide a
completed Supplemental Demolition Permit Application. NOTE: The Demolition
Permit will not be issued until a Building Permit is issued for the project.
10) Show the distances from all exterior walls to property lines or to assumed property lines
11) Indicate on the plans that a Grading Permit, if required, will be obtained from the
Department of Public Works.
12) Provide a title block on the plans tl�at includes the name of the owner(s)
13) A copy of the plans, stamped "Approved" by San Mateo County Environmental Health
Department, must be submitted to the Building Division prior to issuance of the buildin�permit.
14) No change shall be made in the use or occupancy of any building that would place the buifding in
a different division of the same group of occupancy or in a different group of occupancies, unless
such building is made to comply with the requirements of the current code for such division or
group of occupancy. 2013 CBC �3408.1 Note: If the change in occupancy classification
includes a change in "Occupancy Category" as prescribed in 2013 CBC Table 1604.5 then a
complete seismic upgrade of the existing building may be required.
15) Complete the occupant load table below, that accowits for all floor area in the tenant space, and
provide the table on the first page of the plans. See 2013 CBC § 1004.4 and Table 1004.1.2.
Occu anc Grou S uare Feet Occu ant Load Factor Total Occu ant Load
A-3 (Dinii�g) 15
A-3 (Fised Seatin ) See CBC 1004.4
B (Office) 30
Kitchen 200
S-2 (Storage) 300
� Not re uired to be cou��ted in the Occu ant Load Calculation er CBC §202-°`Floor Area NeY'
Corridors* 0 0
Stairways* 0 0
Toilet Rooms* 0 0
Mechanical Rooms* 0
0
Closets* 0 0
Total Bld . Area
a. Indicate sprinklered or non-sprinklered
�. .
16) Acknowledge that, when plans are submitted for building code plan check, they will inchide a
complete underground plwnbing plan including complete details for the location of all required
grease traps and city-required backwater prevention devices.
17) Illustrate compliance with the minim�im plumbing fiature requirements described in the 20 ] 3
California Plumbing Code, Chapter 4, Table 422.1 Minimum Plumbing Facilities and Table A-
Occupant Load Factor.
18) Separate toilet facilities are required for each sex, except:
a. Residential occupancies
b. Occupancies serving ten or fewer people may have a toilet facility for use by more tl�a��
one person at a time, shall be pennitted for use by both sexes. 2013 CPC �422.2 #2.
c. Business and Mercantile occupancies with a total occupant load of 50 or less, including
customers and employees, one toilet facility, designed for use by no more than one
person at time, sl�all be permitted for use by botl� sexes. 2013 CPC §422.2 #3.
] 9) Provide details o�� tlle plans which show tl�at the entire site complies with all accessibility
standards. NOTE; If full accessible complia�ce cannot be achieved complete the attached Request
for Unreasonable Ha�•dship.
20) Specify on the plans the location of all required accessible signage. Include references to
separate sheets on the plans which provide details and graphically illustrates the
accessible signage requirements.
21) Specify tl�e accessible patl� of travel from the p�iblic right of way, tl�rougli the main entrance, to
the area of alteration.
22) Specify an accessible path of travel from all required exits to the public right of way.
23) Specify tl�e path of travel from on-site parking, through the main entrance, to the area of
alteration
24) Specify a level landing, slope, and cross slope on each side of the door at all required entrances
and exits.
25) Specify accessible co��ntertops wl�ere service counters are provided
26) Provide complete, dimensioned details for accessible parking
�7) Tl�e second exit appears to terminate at the rear of the property. Provide an exit plan which shows
accessible path of travel from the exit to the public right of way per 2013 CBC 1007.2.
28) Please Note: Arcl�iCects are advised to specify consh-uction dimensions for accessible features that
are below the maximum and above the minimum dimension required as construction tolerances
generally do not apply to accessible features. See the California Access Cornpliance Manual —
Interp�•etive Regulcdio�7 IIB-8.
29) Remove all references to "Handicap", "Handicapped", or "HC" and replace with the tenns
"Accessible", "ACC", or "D.A."
30) In the tenant space indicate the location of the "Office" or area where bookkeeping and
financial reconciliation will take place. If the office is to be located on the mezzanine
level then also indicate an accessible office space on the ground floor. 2013 CBC 11B-
203.9
31) Provide an exit plan showing the patlis of travel
32) The area labeled mezzai�ine does not comply with the requirements for a inezzanii�e. "All
portions of a mezzanine shall be open and unobstructed to the room in which they are located,
except for colunms and posts and protective �valls or railings not more than 44 inches in height."
Therefore this area is considered a second floor and, as such, a second exit must be provided. In
addition, tl�e Building Code requires two exits from tl�e second floor when the occupa��t load is 10
or more.
53) Specify the total number of parking spaces on site.
�4) Sewer connection fees must be paid prior to issuing the building permit.
,'. '
NOTE: A written response to the items noted here and plans that specifically address items 1, 2,
3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31,
32, 33 and 34 must be re-submitted before this Project can move forward for Planning
Commission action. The written resn�nse must include clear direction regardin� where
the requested information can be found on the plans.
/� /�I �
Reviewed by: ( ICLr.,� l�C�'�.�' Date: �/� Y I��
Rick Caro III, CBO 650-558-7270
Project Comments
Date:
To: 0 Engineering Division � Fire Division
(650) 558-7230 (650) 558-7600
� Building Division X Stormwater Division
(650) 558-7260 (650) 342-3727
� Parks Division � City Attorney
(650) 558-7334 (650) 558-7204
From: Planning Staff
Subject: Request for Conditional Use Permit for a Commercial Recreation Use
at 1731 Adrian Road #14, zoned RR (Automobile Overlay
District), APN: 109-390-140
Staff Review:
1. No comment at this time.
Reviewed by: EJ
Date: 01 /07/2016
Project Comments
Date:
To:
X Engineering Division
(650) 558-7230
0 Building Division
(650) 558-7260
� Parks Division
(650) 558-7334
0 Fire Division
(650) 558-7600
� Stormwater Division
(650) 342-3727
0 City Attorney
(650) 558-7204
From:
Planning Staff
Subject: Request for Conditional Use Permit for a Commercial Recreation Use
at 1731 Adrian Road #14, zoned RR (Automobile Overlay
District), APN: 109-390-140
Staff Review:
1. No comments at this time.
Reviewed by: M. Quan
Date: 1/8/16
�
Project Comments
Date:
To:
From:
� Engineenng Division
(650) 55�7230
� Building Division
(650) 558-7260
X Parks Division
(650) 55&7334
Planning Stafi
� Fire Division
(650) 558-7600
0 Stormwater Division
(650) 342-3727
� City Attorney
(650) 558-7204
Subject: Request for Conditional Use Permit for a Commercial Recreation Use
at 1731 Adrian Road #14, zoned RR (Automobile Overlay
District), APN: 109�90-14Q
Staff Review:
1. No Comments
Reviewed by: BD
Date: 1/13/16
Project Comments
Date
April 29, 2016
To: � Engineering Division
(650) 558-7230
0 Building Division
(650) 558-7260
� Parks Division
(650) 558-7334
From: Planning Staff
� Fire Division
(650) 558-7600
0 Stormwater Division
(650) 342-3727
0 City Attorney
(650) 558-7204
Subject: Request for Conditional Use Permit for a Commercial Recreation Use
at 1731 Adrian Road #14, zoned RR (Automobile Overlay
District), APN: 109-390-140
Staff Review: Revised plans date stamped April 22, 2016
V o c� M r��-�:� l�i't- `� �.i.�,o '�l r,,,� ,
Reviewed by: � � �--� �� � �� Date: �' !�(/(�
Date:
1�•�1
From:
Project Comments
� Engineering Division X Fire Division
(650) 558-7230 (650) 558-7600
0 Building Division
(650) 558-7260
� Parks Division
(650) 558-7334
� Stormwater Division
(650) 342-3727
� City Attorney
(650) 558-7204
Planning Staff
Subject: Request for Conditional Use Permit for a Commercial Recreation Use
at 1731 Adrian Road #14, zoned RR (Automobile Overlay
District), APN: 109-390-140
Staff Review:
1. �his is classified as an exercise use and is a change of use from the previous
�cupant. As such, fire/life safety and exiting requirements shall apply, including
second exit requirements (occupant load of entire space is greater than 50). These
requirements shall be indicated on the building permit plan set.
2. Existing fire sprinkler system shall be modified as required under a deferred fire
sprinkler permit obtained from the Central County Fire Department.
�heet A.3 — new sliding door across the hallway is not allowed as it is part of the
pathway. (sliding doors are not acceptable).
4,.�Explain scope of use for the kitchen, type and frequency for the use of the stove.
'�he operaiion of a stove in a commercial occupancy may require additional
comments.
Reviewed by: Christine Reed �1 °`�-� �"- Date: 1-27-16
Date:
To:
From
Project Comments
� Engineering Division � Fire Division
(650) 558-7230 (650) 558-7600
X Building Division
(650) 558-7260
� Parks Division
(650) 558-7334
Planning Staff
� Stormwater Division
(650) 342-3727
0 City Attorney
(650) 558-7204
Subject: Request for Conditional Use Permit for a Commercial Recreation Use
at 1731 Adrian Road #14, zoned RR (Automobile Overlay
District), APN: 109-390-140
Staff Review: February 4, 2016
1) Flans submitted for an}� commercial project must be designed, wet-staniped, and signed
by a licensed architect. 1997 Uniform Administrative Code §302.2 and §302.3.
2) Specify on the plans that this project will comply with the 2013 California Energy
Efficiency Standards.
Go to http://www.energv.ca.Qov/title24/2013standards/ far publications and details.
3) Provide two completed copies of the attached Mandatory Measures• with the submittal of
your plans for Building Code compliance plan check. In addition, replicate this
completed document on the plans. Note: On the Checklist you must provide a reference
that indicates the page of the plans on which each Measure can be found.
4) Place the following information on the first page of the plans:
"Construction Hours"
Weekdays: 7:00 a.m. — 7:00 p.m.
Saturdays: 9:00 a.m. — 6:00 p.m.
Sundays and Holidays: 10:00 a.m. — 6:00 p.m.
(See City of Burlingame Municipal Code, Section 13.04100 for details.)
Construction hours in the Ciry Pub/ic right-of-way are limite�l to weekdays anrl non-
City Holidays betrveen 8: DO a.nz. and 5:00 p.m.
Note: Construction hours for work in the public right of way must now be included
on the plans.
5) On the first page of the plans specify the following: "Any hidden conditions that require
work to be performed beyond the scope of the building permit issued for these plans may
require further City approvals including review by the Platuiing Commission." The
building owner, project designer, and/or contractor must submit a Revision to the City for
any work not graphically illustrated on the Job Copy of the plans prior to performing the
work.
�) Provide a title block on the plans that includes the name of the owner(s).
7) Anyone who is doing business in the City must have a current City of Burlingame
business license.
�) Provide existing and proposed elevations.
Note: Any revisions to the plans approved by the Building Division must be submitted to,
and approved by, the Building Division prior to the implem�entation of any work not
specifically shown on the plans. Significant delays can occur if changes made in flie field,
without City approval, necessitate further review by City departments or the Planning
Commission. Inspections cannot be scheduled and will not be performed for work that is
n t shown on the Approved plans.
9) P vide a complete demolition plan that includes a le�end and indicates existing walls
nd features to remain, existing walls and features to be demolished and new walls and
features.
NOTE: A condition of this project approval is that the Demolition Permit will not be
issued and, and no work can begin (including the removal of a� building
components), until a Building Permit has been issued for the project. The property
owner is responsible for assuring that no work is authorized or performed.
10) When you submit your plans to the Building Division for plan review provide a
completed Supplemental Demolition Permit Application. NOTE: The Demolition
Permit will not be issued until a Building Permit is issued for the project.
11) Due to the extensive nature of this construction project the Certificate of
Occupancy will be rescinded once construction begins. A new Certificate of
Occupancy will be issued after the project has been final. No occupancy of the
building is to occur until a new Certificate of Occupancy has been issued.
12) Indicate on the plans that a Grading Permit, if required, will be obtained from the
Department of Public Works.
�3) Provide handrails at all stairs where there are four or more risers. 2013 CBC §1009.
�4) Acknowledge that, when plans are submitted for building code plan check, they will include a
complete underground plumbing plan including complete details for the location of all required
grease traps and cij�-required backwater prevention devices.
15 Specify the accessible path of travel from the public right of way, through the main entrance, to
the areas of alteration. Note this includes the new lounge, locker and laundry room.
7 6 pecify an accessi e patl� of travel from all required exits to the public right of way.
.7) Specify the path of travel from on-site parking, through the main entrance, to the area of
alteration
? 8) Specify a level landing, slope, and cross slope oi� eacl� side of the door at all required entrances
and exits.
� 9 Specify accessible countertops where service counters are provided and at kitchen counter.
20) Provide complete dimensioned details for accessible bathrooms
Provide an exit plan showing the paths of travel
22) Provide details far the type of inechanical eshaust system required for the stove (Type-I Hood)
etc.
23) Provide on the plan the location and termination of the mechanical exhaust system for the stove.
24) Complete the occupant load table below, that accounts for all floor area in the tenant
space, and provide the table on the first page of the plans. See 2013 CBC §1004.4 and
Table 1004.1.2.
Occupancy Square Feet Occupant Load Factor Total Occu ant Load
Group
B Office 30
Exercise Area 50 ross
Locker Room 50 ross
Kitchen 200
Storage 300
" Not required to be counted in the Occupant Load Calculation per CBC §202-"Floor Area
NeY'
Corridors* 0 0
Stairwa s* 0 0
Toilet Rooms" 0 0
Mechanical 0
Rooms" 0
Closets* 0 0
Total Bld . Area
25) Identify on the front page of tlte plan the existing occupancy classification and the ne�v proposed
occupancy classification of the space.
26) On your plai�s provide a table that includes the following:
a. Occupancy group for each area of tl�e building
27) Provide a complete furniture / movable fixture plan for the space.
NOTE: A written response to the items noted here and plans that speci�cally address
items 1,3,4,5,6,7,8,9,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26, and 27 must be re-
submitted before this project can move forward for Planning Commission action. The
written response must include clear direction re�ardin� where the requested
information can be found on the plans.
Reviewed by:
��� �
Rick Caro III, CBO 650-558-7270
� Project Comments
Date:
To:
From:
March 18, 2016
� Engineering Division
(650) 558-7230
X Building Division
(650) 558-7260
0 Parks Division
(650) 558-7334
� Fire Division
(650) 558-7600
� Stormwater Division
(650) 342-3727
� City Attorney
(650) 558-7204
Planning Staff
Subject: Request for Conditional Use Pern7it for a Commercial Recreation Use at
1731 Adrian Road #14, zoned RR (Automobile Overlay District),
APN: 109-390-140
Staff Review: Revised plans date stamped March 11, 2016
3) Provide two completed copies of the attached Manc�atory Meusu�es with the subinittal of
your plans for Building C�ode compliance plan check. In addition, replicate this
completed document on the plans. Note: On the Checklist you must provide a reference
that indicates the page of the plans on which each Measure can be found.
4) Place the following information on the first page of the plans:
"Construction Hours"
Weekdays: 7:00 a.m. — 7:00 p.m.
Saturdays: 9:00 a.m. — 6:00 p.m.
Sundays and Holidays: 10:00 a.m. — 6:00 p.m.
(See City of Burlingame Municipal Code, Section 13.04.100 for details.)
Constructio�z /tours in t/te City Pub/ic riglrt-of-way are /inzited to ►veekdays a`trl non-
City Holidays bettivee�z 8:00 a.m. aird 5:00 p.m.
Note: Construction hours for work in the public right of way must now be included
on the plans.
5) On the first page of the plans specify the following: "Any hidden conditions that require
��ork to be performed beyond the scope of the building permit issued for these plans may
require further City approvals including review by the Planning Commission.'' The
building owner, project designer, and/or contractor must submit a Revision to tl�e City for
any �vork not graphically illustrated on the Job Copy of the plans prior to performing the
work.
8) Provide existing and proposed elevations.
12 Indicate on the plans that a Grading Permit, if required, will be obtained from the
Department of Public Works.
13 Provide handrails at all stairs where there are four or more risers. 2013 CBC § 1009.
l4) Acknowledge that, when plans are submitted for b�iildi��g code plan check, tl�ey will include a
complete underground plumbing plan includi��g coinplete details for the location of all required
grease traps and city-required backwater p�•evention devices.
15 pecify the accessible path of travel from the public right of way, through the main
entrance, to the area of alteration.
17 � Specify tl�e path of travel ft-om oi�-site parking, througl� the main entra�ce, to the area of
alteration
18)� Relocate the sink in the restroom in order Co provide the required water closet clearances per
Sectioi� 11 B 6043 of the 2013 CBC
NOTE: A written response to the items noted herc and plans that specifcally address
items 3, 4, 5, 8, 12, 13, 14, 15,�17 and 18 must be re-submitted before this project can
move forward for Planning Commission action. The written resnonse must include
clear direction re�ardin� where the requested information can be found on the plans.
JZ
Reviewed by�.
�
/
: March 21, 2016
Rick Caro III, CBO 650-558-7270
12 Indicate on the plans that a Grading Permit, if required, �vill be obtained from the
Department of Public Works.
13 Provide handrails at all stairs where there are four or more risers. 2013 CBC § 1009.
14) Ackno�r�fed�e that, �vhen plans are submitted for building code plan check, they will include a
complete underground plumbine plan includin� complete details for the location of all required
grease traps and city-required backwater prevention devices.
15 pecify the accessible path of travel from the public right of way, through the main
entrance, to the area of alteration.
17 Specify the path of travel from on-site parkina, through the main entrance, to the area of
alteration
18) Relocate the sink in the restroom in order to provide the required �vater closet clearances per
Section I 1 B 6043 of the 2013 CBC
NOTE: A�vritten response to the items noted here and plans that specifically address
items 3, -1, �, 8, 12, 13, 1=3, 1�, 17 and 18 must be re-submitted before this project can
mo��e for�vlyd for Planning Commission action. The written res�onse must include
clear direction reQardina �vhere the requested information can be found on the nlans.
� /, JZ
Re��ie��ed by:_G,/(/,C�' �l/�C'� Date: March 21, 2016
Rick Caro III, CBO 650-558-7270
RESOLUTION APPROVING CATEGORICAL EXEMPTION, CONDITIONAL USE PERMIT, AND
PARKING VARIANCE
RESOLVED, by the Planning Commission of the City of Buriingame that:
WHEREAS, a Categorical Exemption has been prepared and application has been made for
Conditional Use Permit and Parking Variance for a commercial recreation use at 1731 Adrian Road
#14 Zoned R-R, Steven Chou property owner, APN: 109-390-140;
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
September 12, 2016, at which time it reviewed and considered the staff report and all other written
materials and testimony presented at said hearing;
NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that:
On the basis of the Initial Study and the documents submitted and reviewed, and comments
received and addressed by this Commission, it is hereby found that there is no substantial
evidence that the project set forth above will have a significant effect on the environment, and
categorical exemption, per (CEQA), per Section 15301 (a) of the CEQA Guidelines, which
states that interior or exterior alterations involving such things as interior partitions, plumbing
and electrical conveyances, is exempt from environmental review.
2. Said Conditional Use Permit and Parking Variance are approved subject to the conditions set
forth in Exhibit "A" attached hereto. Findings for such Conditional Use Permit and Parking
Variance are set forth in the stafF report, minutes, and recording of said meeting.
3. It is further directed that a certified copy of this resolution be recorded in the official records of
the County of San Mateo.
Chairman
I, , Secretary of the Planning Commission of the City of Burlingame, do
hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the
Planning Commission held on the 12th dav of September 2016 by the following vote:
Secretary
EXHIBIT "A"
Conditions of Approval for Categorical Exemption, Conditional Use Permit, and Parking Variance
1731 Adrian Road #14
Effective September 22, 2016
Page 1
that the project shall be built as shown on the plans submitted to the Planning Division date
stamped September 1, 2016, sheets A0.0 through E1.0; and that the business owner shall
apply for a Burlingame Business License prior to submitting to the Building Division for the
required Building permit;
2. that any changes to the size or envelope of building, which would include changing or adding
exterior walls or parapet walls or increasing the size of the mezzanine, shall require an
amendment to this conditional use permit;
3. that the conditions of the Chief Building Official's February 4, March 21, and April 29, 2016,
memos, the City Engineer's January 8, 2016, memo, the Fire Division's January 27 and May
18, 2016, memos, and the Stormwater Division's January 7, 2016, memo, and the Parks
Division's January 13, 2016, memo shall be met;
4. that demolition or removal of the existing structures and any grading or earth moving on the
site shall not occur until a building permit has been issued and such site work shall be
required to comply with all the regulations of the Bay Area Air Quality Management District;
5. that the project shall comply with the Construction and Demolition Debris Recycling
Ordinance which requires affected demolition, new construction and alteration projects to
submit a Waste Reduction plan and meet recycling requirements; any partial or full
demolition of a structure, interior or exterior, shall require a demolition permit;
6. that if the structure is demolished or the envelope changed at a later date, or if the use in the
existing space is changed, the parking variance as well as any other exceptions to the code
granted here will become void;
7. that the commercial recreation business shall operate with a maximum of 2 persons on site,
including the trainer and client, that the space shall not be used for residential purposes at
any time, and that the unit shall not contain a permanent cooking unit (an oven or a stove
top);
8. that any changes in operation, floor area, use, or number of employees, which exceeds the
maximums as stated in these conditions shall require an amendment to this use permit; and
9. that the project shall meet all the requirements of the California Building and Uniform Fire
Codes, 2013 Edition, as amended by the City of Burlingame.
. CITY OF BURLINGAME
� '� COMMUNITY DEVELOPMENT DEPARTMENT
BURLINGAME 501 PRIMROSE ROAD
�QURLINGAME, CA 94010
�` PH: (650) 558-7250 • FAX: (650) 696-3790
www.burlingame.org
Site: 1731 ADRIAN ROAD #14
The City of Burlingame Plonning Commission announces the
following public hearing on MONDAY, September 12,
2016 at 7:00 P.M. in the City Hall Council Chnmbers, 501
Primrose Road, Burlingame, CA:
Application for a Conditional Use Permit and a Parking
Variance for a Cammercial Recreation use at
1731 ADRIAN ROAD #14 zoned RR. APN 109-390-140
Mailed: September 2, 2016
(Please refer to other side)
PUBLIC HEARING
NOTICE
City of Burlingame
A copy of the application and plans for this project may be reviewed prior to
the meeting at the Community Development Department at 501 Primrose
Road, Burlingame, California.
If you challenge the subject application(s) in court, you may be limited to
raising only those issues you or someone else raised at the public hearing,
described in the notice or in written correspondence delivered to the city at or
prior to the public hearing.
Property owners who receive this notice are responsibie for informing their
tenants about this notice.
For additional information, please call (650) 558-7250. Thank you.
William Meeker
Community Development Director
PUBLIC HEARING NOTICE
(Please refer to other side)
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1731 Adrian Road (RR)