South San Francisco City Council
February 22, 2023

RESOLUTION NO. 44 -2011

CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA

A RESOLUTION MAKING FINDINGS AID APPROVING A

USE PERMIT, DESIGN REVIEW, A TENTATIVE

SUBDIVISION MAP AND AN AFFORDABLE HOUSING
AGREEMENT FOR A MIXED -USE DEVELOPMENT AT 1309

MISSION
WHEREAS, Metron, PTP (Owner) and Stuart Welte, AIA (Applicant) have proposed construction of a four -story mixed -use residential and commercial development, consisting of 20 residential condominiums above approximately 5,200 square feet of ground -floor commercial space and 35 on -site and six on- street parking spaces ( "Project ") on an approximately 17,582 square foot (0.41 acre) site, which is currently vacant, located at the northwest corner of McLellan Drive and Mission Road ( "Project Site ") in the City of South San Francisco ( "City "); and,
WHEREAS, Applicant seeks approval of Zoning Amendments, Use Permit, Design Review, Tentative Subdivision Map, and Affordable Housing Agreement for the Project; and, WHEREAS, approval of the Applicant'sproposal is considered a "project" for purposes of the California Environmental Quality Act, Pub. Resources Code, §§ 21000, et seq. (CEQA), and in accordance with CEQA, an Addendum to the Supplemental Environment Impact Report for the 2000 El Camino Corridor Redevelopment Plan Amendment (2000 SEIR) was prepared, analyzing the Project and explaining why a subsequent EIR was not required; and, WHEREAS, the City Council reviewed and carefully considered the information in the Addendum and the Final 2000 SEIR, and by separate resolution, adopts the Addendum, as an objective and accurate document that reflects the independent judgment and analysis of the City in the discussion of the Project's environmental impacts; and, WHEREAS, the Planning Commission held a duly noticed public hearing on December 2, 2010, to consider the Addendum to the 2000 SEIR, the proposed Zoning Amendments, Use Permit, Design Review, Tentative Subdivision Map, and Affordable Housing Agreement for the Project and take public testimony, at the conclusion of which, the Planning Commission recommended that the City Council certify the EIR and approve the Project; and, WHEREAS, the City Council held a duly noticed public hearing on March 9, 2011, to consider the Addendum to the 2000 SEIR, the proposed Zoning Amendments, Use Permit, Design Review, Tentative Subdivision Map, and Affordable Housing Agreement and take public testimony; and,
NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §§ 21000, et seq. ( "CEQA ") and the CEQA Guidelines, 14 California Code of Regulations § 15000, et seq.; the South San Francisco 1999 General Plan and General Plan Environmental Impact Report, including the 2001 updates to the General Plan and 2001 Supplemental Environmental Impact Report; the El Camino Corridor Redevelopment Plan, and the 1993 Environmental Impact Report, including all attachments and technical reports thereto; the 2000 El Camino Corridor Redevelopment Plan Amendment, and the 2000 Supplemental Environmental Impact Report, including all attachments and technical reports thereto; the Addendum to the 2000 SEIR prepared for the Project; all reports, minutes, and public testimony submitted as part of the Design Review Board meetings held on July 21, 2009 and May 18, 2010; all reports, minutes, and public testimony submitted as part of the Planning Commission's meeting held on December 2, 2010; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed public hearing on March 9, 2011; and any other evidence within the meaning of Public Resources Code § 21080(e) and § 21082.2), the City Council of the City of South San Francisco hereby finds as follows:

I. General Findings

1. The foregoing recitals are true and correct and made a part of this Resolution.

2. The Exhibits attached to this Resolution, including proposed Conditions of Approval (Exhibit A), proposed Affordable Housing Agreement (Exhibit B), proposed Project Plans (Exhibit C) and Tentative Subdivision Map (Exhibit D) are each incorporated by reference as part of this Resolution, as if each were set forth fully herein.

3. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of Chief Planner, Susy Kalkin.

4. The proposed Project, including the Use Permit, Design Review, Tentative Subdivision Map, and Affordable Housing Agreement are consistent and compatible with all elements in the City of South San Francisco General Plan. The 1999 General Plan includes policies and programs that are designed to encourage the pedestrian and transit oriented mixed - use development in the El Camino Real corridor. Further, the land uses, development standards, densities and intensities, buildings and structures proposed are compatible with the goals, policies, and land use designations established in the General Plan (see Gov't Code, § 65860), and none of the land uses, development standards, densities and intensities, buildings and structures will operate to conflict with or impede achievement of the any of the goals, policies, or land use designations established in the General Plan.

5. The proposed Project, including the Use Permit, Design Review, Tentative Subdivision Map, and Affordable Housing Agreement are consistent with the standards and requirements of the City's Zoning Ordinance ( as proposed for amendment) and with the provisions of the Transit Village Commercial and Transit Village High Density Residential Districts. The parcelization and development of the Project Site would result in a 20 residential condominiums above approximately 5,200 square feet of ground -floor commercial space, and would meet minimum design standards.

6. The site is physically suitable for the type of development and density proposed, as the mixed -use development will benefit from being located on a major thoroughfare, and the size of the retail and the number of residential units is appropriate for the location and meets the City's land use and zoning standards.

7. The environmental impacts of the proposed Zoning Amendment have been fully analyzed in accordance with CEQA in the 2000 SEIR and Addendum to the 2000 SEIR, and mitigation measures proposed in the 2000 SEIR are proposed to be readopted as part of the Proj ect.

II. Use Permit

1. The proposed use will not be adverse to the public health, safety, or general welfare of the community, nor detrimental to surrounding properties or improvements, because the Project is consistent with the General Plan and Zoning Ordinance, as well as development standards for the zoning district in which it will be located, and the City's General Plan, Zoning Ordinance and development standards are designed to avoid incompatibility of uses and protect and preserve the public health, safety, and general welfare.

2. The proposed use complies with the Transit Village Commercial (TV -C) and Transit Village High Density Residential ( TV -RH) zoning districts, and the development standards established therein, because the Project would not violate minimum or maximum thresholds of development for either district.

3. The design, location, size, and operating characteristics of the proposed Project are compatible with the existing and reasonably foreseeable future land uses in the vicinity because the Project proposes a mixed -use residential and retain development near other such mixed -use development, in an area of the City that is planned for pedestrian and transit oriented mixed -use development.

III. Tentative Map

1. The tentative map complies with and meets all of the requirements of SSFMC Title 19 (Subdivision Ordinance) and with the requirements of the State Subdivision Map Act.

2. The site is physically suitable for the type of development and density proposed, as the tentative map will facilitate a Project that will be compatible with the existing and reasonably foreseeable future land uses in the vicinity because the Project proposes a mixed -use residential and retain development near other such mixed -use development, in an area of the City that is planned for pedestrian and transit oriented mixed -use development.

3. The design and improvements of the tentative subdivision map are not in conflict with any existing public easements.

4. The property is located in a developed, urban setting, and is not subject to a Williamson Act contract, an open space easement, a conservation easement, or an agricultural conservation easement. The surrounding land uses and resulting parcels would not support agricultural uses; the resulting parcels would result in residential development not incidental to commercial agricultural use of the land.

BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby makes the findings contained in this Resolution, and hereby approves the Use Permit, Design Review, Conditions of Approval (Exhibit A), Affordable Housing Agreement (Exhibit B), Project Plans (Exhibit C) and Tentative Subdivision Map (Exhibit D), and for the Project.

BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby authorizes the City Manager or his designee to execute an Affordable Housing Agreement, in substantially the same form as the attached Exhibit B, for the Project.

BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption.

I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 9 day of March, 2011 by the following vote:

AYES: Councilmembers Mark Addiego, Pedro Gonzalez, and Karyl Matsumoto, NOES: None
ABSTAIN: None
ABSENT: None
Vice Mayor Richard A. Garbarino and Mayor Kevin Mullin
ATTEST:

Exhibit A
Conditions of Approval
P144
A. Pia ing Division requir

CONDITIONS OF APPROVAL
P09-0002: UPO9-0001, EIR10-0001, DRO9-0003, SA10-0002 & AHA10-0001 Mixed Use Development
1309 Mission Rd
As approved by the City Council on March 9, 2011)
ents shall be as follows:

1. The applicant shall comply with the Pia ing Divisions standard Conditions and Li itations for Co ercial Industrial and Multi-F. ily Residential Projects.

2. The applicant shall comply with all mitigation measures outlined in the Mitigation Monitoring and Reporting Progrd and the Addend to the 2000 El C. ino Real Redevelopment Plan endment Suppl ental EIR.

3. by Enviro ental Innovations in Design, dated August 10, 2010.

The project shall be completed and operated substantially as indicated in the plans prepared

4. All equipment (either roof or gro d-mo ted) shall be screened from view through the use ofintegral architectural el ents, such as enclosures or roof screens, and landscape screening. Equipment enclosures and/or roof screens shall be painted to match the building.

5. Prior to occupancy, the applicant shall pay any applicable childcare fees in accordance with South San Francisco Municipal Code Chapter 20.115. This fee is subject to . ual adjustment, and presently is assessed at $1, 00851.per residential it and $0.68 per gsf for Go ercial/retail.

6. The Final Map shall be substantially consistent with the Tentative Map entitled, "Vesting Tentative Map, 1 Lot Subdivision for Condomini Purposes", dated August 17, 2010, prepared by Guiliani & Kull, Inc.

7. The Final Map shall comply with all applicable requir Ordinance).
ents of SSFMC Title 20 (Zoning

8. Prior to the approval of the Final Map or Building P- it, the property owner shall meet with the City's Park and Recreation Director and develop a Parks and Recreation Fee Plan in-lieu ofparkland dedication in accordance with SSFMC Chapter 19.24. Prior to the Final Inspection the owner shall pay the Parks and Recreation Fees in-lieu ofpark land dedication.

The plan shall be subject to the review and approval ofthe City's Parks and Recreation Director.

9. All roofplanters with trees shall have minimum dimensions of 8 ft x 8 ft x 3 ft depth. Trees within roof planters shall be a minimum of 6 ft tall to be in scale with the building.

10. Any exterior design modifications, including any and all utilities, shall require Chief P1 review and approval prior to installation.
er
Conditions ofApproval

1 1. The project sponsor shall obtain all necessary encroachment p its from the To of Colma for the work within the portion of Mission Road that ties within the Town of Colma's jurisdiction.

12. Prior to issuance of a certificate of occupancy for any portion ofthe project, the project sponsor shall have entered into a Maintenance Agre ent with the Town of Colma, acceptable to the Colma City Attorney and Public Works Director, for all project-related provements in the portion ofMission Road that lies within the Town of Cohna's jurisdiction, including but not limited to the sidewalk, landscaping and utilities.

13. All utilities along the project street frontage shall be undergro ded.

14. Prior to issuance ofa grading pe it the project developer shall prepare . d submit a Construction Noise Manag- ent Plan for review and approval by South San Francisco and the To of Colma. At a minim , the Plan shall address the hours of construction operation to be consistent with the City of South San Francisco'sand the Town of Colma's allowed hours of construction, a requir ent for providing mufflers on all gasoline or dieselpowered equipment, use of electrically powered tools and a t- porary electrical power instead of generators whenever possible, and similar requirements. The Plan shall require the designation of a noise coordinator with a 24-hour contact n ber. The contact ofthe noise coordinator shall be submitted to the South San Francisco P1. ing Division and the Town of Colma prior to the co encement of construction activity at the site. The Plan shall also include a provision requiring individual ' tten notice to all residents in the adjacent Verano development regarding when construction is likely to co ence, how long it will last, the allowed hours of construction, and the n. e and contact info ation for the noise coordinator.

15. Prior to the issuance of grading pe ' ts, a haul route for trucks accessing the site during construction shall be submitted to the South San Francisco Engineering Division and the To of Colma Public Works/Engine sng Dep ent for review and approval. The route shall provide the most direct route from the regional highway system to the project site and avoid, to the extent possible, streets with residential uses along th

16. Prior to issuance of a building pe it, the project developer shall submit a report from an acoustical engineer to verify that the noise from operation of all proposed air conditio fans and exhaust will not exceed 60 dBa at the bound. 'es ofthe ptoject site.

17. At least sixty (60) percent ofthe co ercial sq e
footage must be occupied by the
following land uses: Eating and Drinking Establishments; Food and Beverage Retail Sales; General Retail Sales; and Personal Services.

18. Prior to final inspection, the applicant shall provide test color s. pies on the building, based on the "Benja ' n Moore 2128-10 Black Beauty" color scheme, for review and approval by the ChiefPl. er prior to completing final exterior painting.

Conditions ofApproval

19. Prior to recordation ofthe Covenants Conditions & Restrictions (CC&Rs) with the San Mateo County Recorder, the applicant shall revise the CC&Rs to include the required provisions described in SSFMC § 19.36. 040, as well as a provision giving the Homeo ers Association, or architectural review co ittee appointed by the Association, control of aesthetic aspects ofthe building such as the treatment ofwindows and balconies. The final CC&Rs shall be subject to review by the Chief Pia er.

Pl. ng Division contact: Billy Gross, Associate Pl. er 650-877- 8535) B) Engine- eng Division requirements shall be as follows:

1. The Applicant/Project Sponsor shall comply with the Engineering Division's "Standard Subdivision and Use P - et Conditions for Townhouse, Condomini and Ap. ent Developments with Private Streets and Utilities", consisting of eight pages. These conditions are contained in the Engine ' ng Division's "Standard Conditions for Subdivisions and Private Developments" booklet, dated January 2009. (Copies of this booklet are available at no cost from the Pl. ing and Engine eng Divisions).

2. The preliminary Site Plan (which is detailed on the Preliminary Grading Plan, Sheet C-2) shows that the applicant proposes to extend the existing curb at the westerly corner ofthe intersection ofMission Road and McLellan Drive into what is now the Mission Road southbound right- lane on to westbound McLellan Drive. The existing northbound leftturn from Mission Road into westbound McLellan Drive is a double left- and this bulbout will restrict the this ing mov ent for trucks and may force th to drive over the curb to complete the
The proposed four angle parking spaces are problematic, as vehicles backing out ofthese spaces will not be able to see vehicles making a left from Mission Road and long vehicles, such as delivery trucks, will extend into the McLellan travel lane, blocking through traffic. Ifparking is desired at this location, the developer and his/her engineer could propose two angled parking closer to the project driveway. This would provide some queuing length to westbo d traffic from Mission Road from any vehicle reversing from the said parking spaces. It would be acceptable for this corner bulb-out to extend 8 feet from the curb on McLellan Drive to provide a landscape area and to protect cars parked parallel along the street, but the proposed 15 feet n. owing ofthe roadway may be excessive.

The Developer'scivil engineer should design the parking according to Section 20.74. 110 (a) ofthe SSF Municipal Code. It is a reco endation to keep at least 40 feet of McClellan Drive from the end ofthe b re at the Mission Road intersection towards El C. ino Real to be free ofparking.

3. The applicant'splans need to indicate where the project'ss etary sewer lateral will co ect to the public main. If it is proposed to co ect to the To of Colma's 18" sewer main adjacent to the site within Mission Road, they will need to obtain Colma's pe ission to co ect to this main and also an encroachment pe it to trench into the street and co ect the development'ssewer lateral.

Conditions ofApproval

4. In co ection with the grading, development, building construction and occupancy ofthe subject residential apa ents, the developer shall prepare and submit for City approval, three copies of a Sto Water Pollution Prevention Plan (SWPPP) for both construction and postconstruction activities, that will result in the filtering of sto water off from the site, so as to prevent silt, debris and toxic materials from being discharged, transported or blown from the site and entering adjacent public or private property, Mission Road, McClellan Drive or the public sto drain system.

5. The applicant shall coordinate with the Technical Services Supervisor, Cassie Pruhdel, for all sto water issues. Plans and specifications for the sto water facilities shall be prepared by the applicant'scivil engineering consultant and submitted to the Engineering and Water Quality Control Divisions for review and approval.

6. The Developer shall sub ' t utility reports and traffic studies for review and approval. The Developer shall pay all fees to peer review all reports and studies. The developer shall be fully responsible for the design, construction and irnpl- entation of all approved traffic and soils engineering mitigation requirements. All work shall be perfo ed at no cost to the City of South San Francisco.

The Developer shall address all comments listed in a Geotechnical Peer Review letter prepared by Cotton, Shires and Associates dated May 13, 2010 prior to the final draft ofthe enviro ental doc ent. A copy has been attached to these conditions of approval.

7. The Developer shall reimburse the City for all costs to plan check and inspect the subject development in accordance with the City's Master Fee Schedule.

8. Prior to completing the last phase ofthe development, the developer shall repair, reconstruct or replace any broken or damaged sidewalks, curbs, gutters, driveway approaches and pay- ents, along the entire McLellan Drive and Mission Road frontages ofthe project, to confo to c ent City standards. This work shall be perfo ed at no cost to the City of South San Francisco, in accordance with City standards and to the satisfaction of the City's Construction Manager.
9 In accordance with the Municipal Code, the exit driveway on to McLellan Drive from the ap ent project'sinternal parking lot shall be posted with an R1 "Stop" sign.

10. The applicant is advised that any work to be perfo ed within Mission Road may require the approval ofthe design and an encroachment p it from the To of Colma, ifthe work to be perfo ed will be accomplished within the Town
1 1 . Grading, Hauling and Encroachment Pe its will be required for this project. The Developer shall pay all p it and inspection fees, as well as any deposits and/or bond required to obtain said p - its.

Engineering Division contact: S. Bautista — 650-829- 6652) Conditions ofApproval

C) Fire Dep. ent requirements shall be as follows:

2. Fire sp ler syst
1003.3.

3. Install a standpipe syst
and pe it.

1. Install fire sp ler system per NFPA 13/SSFFD requirements under separate fire plan check and pe ' t for overhead and underground.

16. Provide fire extinguish
shall be central station monitored per California Fire Code section

4. Install exterior listed hom/strobe al
per NFPA 14/SSFFD requirements under separate fire plan check device, not a bell.

5. Elevator ifprovided shall not contain shunt-trips.

6. Fire ala plans shall be provided per NFPA 72 and the City of South San Francisco M icipal Code.

7. Buildings 4 stories or more will require a modified smoke control syst is required before building plans are approved.

8. The minimum height clearance for the entrance to the project for 6" per the California Fire Code.

11. Access road shall have all weather driving capabilities and support the imposed load of 75,000 Po ds.

9. Plans are to confo to Building codes and the City of South San Francisco M cipal Code.

Section 15.24.30

10. All Non parking space curbs to be painted red to local Fire Code Specifications

12. Road gradient and vehicle t widths shall not exceed maxim allowed by engineering depa m ent.

13. Provide fire flow in accordance with Califo ' a Fire Code Appendix

14. Provide fire hydrants; location and number to be det throughout the building.
ined.

A rational analysis
ergency vehicles is 13'-

15. All buildings shall provide pr ise identification in accordance with SSF municipal code section 15.24.00
Conditions ofApproval

17. Provide Knox key box for each building with access keys to entry doors, electrical/mechanical rooms, elevators, gates and others to be determined.

18. The access at the east side ofthe property does not have the code required access.

19. The minim road width is 20 feet per the California Fire Code.

20. Project must meet all applicable Local (SSF M scipal Code, Chapter 15.24 Fire Code), State and Federal Codes

21. Local Fire Code and vehicle specifications and templates available at http:ll . ssfnet/ fire_depts/ prevention/ p- its.asp
Fire Dep I ent contact: Luis DaSilva, Fire Marshal — 650-829- 6645) D) Water Quality Control Plan requir
1, A plan showing the location of all sto drains and sanitary sewers must be submitted.

2. Encourage the use ofp - ious pavement where possible.

3. The onsite catch basins are to be stenciled with the approved San Mateo Countywide Stormwater Logo (No D ping! Flows to Bay).

4. Sto water from the entire project must be included in the treatment system design.

Sto water treatment systems must be designed to treat sto water off from the entire project.)
5 Sto water pollution preventions devices are to be installed. Prefer clust - g of structures and pav- ent; directing roof offto vegetated areas; use ofmicro-detention, including distributed landscape-based detention; and preservation of open space. ents shall be as follows:

A combination oflandscape based controls (e.g., vegetated swales, bioretention areas, planter/tree boxes, and ponds) and manufactured controls (vault based separators, vault based media filters, and other removal devices) are required ifthe options listed above are not feasible. These devices must be sho on the plans prior to the issuance of a pe it.

Ifpossible, incorporate the following:
vegetated/grass swale along perimeter
catch basin offdirected to infiltration area
notched curb to direct offfrom parking area into landscape roof drainage directed to landscape
use ofplanter boxes instead oftree grates for sto water treatment Manufactured drain inserts alone are not acceptable they must be part of a treatment train.

One ofthe following must be used in series with each manufa ed ' t: detention basins, bioretention areas, vegetated buffer strips, or swales.

Conditions ofApproval

Treatment devices must be sized according to the WEF Method or the Start at the Source Design. Please state what method is used to calculate sizing.

6. The applicant must submit a signed Operation and Maintenance Info ation for Sto water Treatment Measures fo for the sto water pollution prevention devices installed.

7. The applicant must sub st a signed maintenance agreement for the sto water pollution prevention devices installed. Each maintenance agreement will require the inclusion ofthe following exhibits:
a. A letter-sized reduced-scale site plan that shows the locations ofthe treatment measures that will be subject to the agre- ent.
b.
c.

A legal description ofthe property.

A maintenance plan, including specific long-te maintenance tasks and a schedule. It is reco ended that each property owner be required to develop its o maintenance plan, subject to the municipality'sapproval. Resources that may assist property owners in developing their maintenance plans include:
i. The operation manual for any proprietary syst purchased by the property owner.

8. Applicant must complete the Project Applicant Checklist for NPDES Pe it Requir- ents prior to issuance of a pe it and re to the Technical 5 - ices Supe . sor at the WQCP. d. Proper maintenance of landscaping, with min al pesticide use, shall be the responsibility ofthe property o er.

9. Landscaping shall meet the following conditions related to reduction ofpesticide use on the project site:
a. ere feasible, landscaping shall be designed and operated to treat sto water off by incorporating el- ents that collect, detain, and infiltrate off. In areas that provide detention ofwater, plants that are tolerant of saturated soil conditions and prolonged exposure to water shall be specified.
b. Plant mat * als selected shall be appropriate to site specific charact sties such as soil type, topography, climate, amo t and timing of sunlight, prevailing winds, rainfall, air mov ent, patt s ofland use, ecological consistency and plant interactions to ensure successful establishment.
c. Existing native trees, shrubs, and gro d cover shall be retained and incorporated into the landscape plan to the maxim extent practicable.
e. Integrated pest manag- ent (IPM) principles and techniques shall be encouraged as part ofthe landscaping design to the maxim extent practicable. Examples ofIPM principles and techniques include:

Conditions ofApproval

10. Source control measures must include:

Landscaping that ' nimizes irrigation and off, promotes surface infiltration where possible, minimizes the use ofpesticides and fertilizers, and incorporates appropriate sustainable landscaping practices and programs such as Bay-Friendly Landscaping.

Appropriate covers, drains, and storage precautions for outdoor material storage areas, loading docks, repair/maintenance bays, and fueling areas.

Covered trash, food waste, and compactor enclosures.

P1 bing ofthe following discharges to the sanitary sewer, subject to the local sanitary sewer agency's authority and standards:

Discharges from indoor floor mat/ hoodequipment/filter wash racks or covered outdoor wash racks for restaurants.

Dumpster drips from covered trash and food compactor enclosures.

Discharges from outdoor covered wash areas for vehicles, equipment, and accessories. i. Select plants that are well adapted to soil conditions at the site.

Select plants that are well adapted to sun and shade conditions at the site. In making these selections, consider future conditions when plants reach maturity, as well as seasonal changes.
iii. Provide irrigation appropriate to the water requirements ofthe selected plants. iv. Select pest-resistant and disease-resistant plants. v. Plant a diversity of species to prevent a potential pest infestation from affecting the entire landscaping plan.
vi. Use "insectary" plants in the landscaping to attract and keep beneficial insects.

Swi ing pool water, ifdischarge to onsite vegetated areas is not a feasible option.

Fire sprinkler test water, if discharge to onsite vegetated areas is not a feasible option.

Roof condensate must be routed to s. 'tary sewer. This must be shown on plans prior to issuance of a pe it.

11. Install a separate water meter for each co ercial unit.

12. Install a separate water meter for landscaping.

13. A construction Sto Water Pollution Prevention Plan must be submitted and approved prior to the iss ce of a p it.

14. Plans must include location of concrete wash out area and location of entrance/outlet oftire wash.

15. A grading and drainage plan must be submitted.

16. An erosion and sediment control plan must be submitted.

Conditions ofApproval

17. Applicant must pay sewer co ection fee at a later time based on . ticipated flow, BOD and TSS calculations.

18. Must file a Notice ofT

19. Please have applicant contact Cassie Prudhel at Water Quality Control with any questions. 650) 829-3840.

Water Quality Control contact: Cassie Prudhel — 650-829- 3840) E) Police Dep i ent requirements shall be as follows:

Police Dep
ination with the WQCP when the project is completed.

The applicant shall comply with the provisions of Chapter 15.48 of the Municipal Code, Minimum Building Sec ety Standards" Ordinance revised May 1995. The Police Dep ent reserves the right to make additional security and safety conditions, ifnecessary, upon receipt of detailed 1 revised building plans.
ent contact: Scott C. pbell — 650-877- 8900)
Exhibit B
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e se f a fo ..s le
ce at d r
Berate- 1;lc se
Market R e U: itsl,sh
ercial r;; 1 po
c
lies
CC
2 t
1 e ;; ; tot1 e
ent A elcy's h
clusi n
p
e
AG
a,m,
1 ; ; ; ; f °rl
ts (the el
Project to
e 1; adjuste l.
of e S
p
s
o 0-
t (
gross
d ne
5 eting these rewire e1 is by sel 1 ' l g e eq ire
elow);
evelper a as
rr llo s:
de is c1; e
ket Rate U
et
or,sehld
A)
Pr° ;c.isco Pri ;; ; ary Metre; slit
I us l ; Uri evelop
e :; 1 f, : , ;; ' 1t ; ` a ,l r ; 1 s ; ;; old wh
of t e ; ;11; j ;; stJ ;; ; ;edi
c ; ; ;;; e does not excee
e fo mutt
e t (11 O %) cif 'lip a ; j;„ t
ject,
a - o%
evel per «..' ; gust co y with
usin p
licies ; . J1ro a l,s as set
using Or ce :d e by . e
10 ; 1o dable ; ousi
0 eve *pigl e ] Pr ij ect Area
Corr r
e by the City C ; cil
t p1 y ;... s it , r, + ;W exists
ucf me a
reject on the
lts a s
to U
ose
e ( "Lo
e U: ;; itts at a p ;l +ca ` ;; ,;. st will . re ;u1t i as ; J` pled Section 21.125. 21 of the
t excee thir pet ;ce ;; ofthe l r s
t; ly
djuste r ; o, ; s ;; ld size.
11 be' e e ; . cl seJro i
ati 1t c rri .or. The 1 ;, ev ;1op er
r
o Market Rate U1 its s it is el
es, urb ;; sr, . r`ices d . l sl o
ti
SI
Co
c t ese
eveloper
Tess inc
e:n 11..s
se
ne ed
a ;;; ousehol
rf the El
City
se pr xi
citifies.
1 s.
c

4. cc r,Jp ncy r l below
occ r 1 r? , f cy of 11 t ; 1:1 ":far et x,,, , te twits 1 cate as of J, e ate t e first unit is ccupied n
J. tr ll l . its shall remain in ffect ve
occupief.

5. evel
es a Restri
Exhibit ll `:l esale
rec e. ag ,i. is th?;; p
for , cich e10
c
a
res
s`f c
s
b1e_
e e : i 11 el

6. evelr per shall sell
rite- ° comeIuse; J ° old p
e City's First Time l' f
oll 1 ebu;1 A
unit. At tii e time rig f s le, ev l
Isl ive 1'llr cessing c
nit, fr :li.+:. 1 rr ay include F s
oc l ssing fees for First Ti e IJf e
Develo er s all in
less the Cif ,ll its officials,
y all lasses, liil , clais
legedly of ls1 if ut of r re
cc it 1 f npellFf r dfy 11 , r l ce
ass eglige.ce or will 1 isc
e exj ti r tell f,.l ,,. 11 a
m the burl ens of r:l s A'ri'
acs
e Inc
1s

7. ' T . B 1ow Market
1 ctir:l,: set fort
cve a :lets, c
pass to %: 1 be
ut re 1 to tec
A e Housing Agr
1 ° sip n R
ket / , a
s.l1l , ll req
ht ofFirs
estric 1.
cal c
e I
g
e
sh
e
h Ifes1 Reslllc
arket Rate
ket Rate J its s
1 or ells fifty-five (55) ye
is srid. The l estrictiols sh J1 a
ee
the
M
t to Sect
i istator
Y
10 th
11 eveloper hereby subjects
i l; is Afire 11 l l t. T
diti . l° s and res
1 clfssiffl ,;tio
sur: 11 cover ants shall f
cnt hereafter exec l ' applica
cell clusively be 1lllel ll to ave b
ve fll1 s c iti ns es ctins, reg
s
ellIt
e
elow
P
es iJ1cu
e I.... J o
uyer 1
e It is s:llall re ain
eveloper shall p
ative i process ' ,.g cgists . Il 11 ees
y
include resrnable atto ey's fee
si *n :f II us Or :hi ce.
ify, , .., en. vii ,I: counsel s lec
cers, ei 111ll., loyees, a e:ll .ts, v
ctio s, ,.la ca
r
r
the Proj ct,
e 1 is Agree ent, except t
ct elf th l.ty. l.`: I a :rovisi s
D.
i Agrr+, e ent , any 1
releas
ket ] ate U1its
01 l l r11 o
e Prole
event al
ye
1A a t 5 ;1J i s
1 3
t
1 an el'
1 alify
altliis ve fee to
ed 1r1 prcessi g
e sal
yr r A minis at r fees
s by thrr City °1 11 eli
ket RJte
n 2. Develope
nti
d cuss
e e1
istrative fee ,t
rrt ed r c
is
rket
all b
r
e f
te
s
t the coven
es hereby eci
5 S e'I.ee111`; e c!ve
er's successors in title to
or
w `
ri..f sh 11 e
vor o f «.1 °: l.e Ci . 1 ach
to or coil, vc /'11 he P
execu ' elivere
11,ss , whe
er -occ
re b 11 ; e the City for 1
sil g e, lJ.r Viable lfusil . 11
imple 1.eiting ' 1: e rf q l ire ants 0
ket
ding
every c
e or . 11. yl.o
acce iced subject to such
sl,llch c ven, ts, l»con liti.ns
estf blis:1 r col c 1 I e tly wi
eat shall be effective
ket
its o e ,,<< ecome
p
ts,
1 e be
ct,
nits to xecute
ll : 1e fo rt. att the h re
A J e shall ' e
of c1 of escrow of sale
ai.n restrirte
ac 11 l f l e:ll cin on the
ly to ll sull se ue t buyers.
e
bi!1 e e
ofthe :11e
d costs
e
yer.
s.
c *nditioll:s
express n e
in
rope
for
x le 1L. w- an
rk wi iU e City
e buyer f
d
el
All cove
efit o
s
a
y`,le City , h.i
e s fr mll d against
s of act n arisingfr
e , or Develf per's
t ,1llgis:ll °' J 1.e
is sectit:l shall s it , ' ive
r a
fthe Prf.pe
1 at all
r r ,» er
iereof
1 alts
e
restric
rec r
II m e iss

11. c t c
Pr ect
p
s
m s tic
081
evel
tto
e
lief t
m Ji
Idm II II
livery 0.
12 .
f4rff,.bL erei
relem
ective
this .Are
ed.
se,
s are se
e P
ce b
eh
A
Trnsfere
accepti
er shal.
eys' fees, i
1M II

14. er iiii,s e
e c4urts of C
N erri

15. ti
II fl
voi
Pr v
u.
e
y
c tio
C N
e om
a prov
1111

16. Agr dement is inv.
sh refli iin i..

A. eelewe. tc.s
Aff r able usin A
3 9 Missi
If a
ce
m
ic
10 II II II
1 e ent
eve!
5 b m . se City for
in reviewi
ss e t
SU
e
a
a c lents t
approv
tliirig, Lowev
yi the 1.c
fi i e Procetn
oft
e t, the
CO
er :r
ay se
MM m
VO
oree
v id o
0 ex
111
the ale
eve
0 velo
e
y evelo
have 40 rt
info
e 11
n 11
its f
the

1. m
e Co
act, deed or
roc r a
Pr
111
e State
the
a
11 y
11 Cit. c s, inchadi
ents
costs.
is A ee
t
11 prey
an,
e ' fees
eA e
o
th
111
ect.
ffect the v
ir
Ilh.
5 I
A ce e t
vent tba
h.at
S C
t
M
m
1411 JO
he pr
e va
F ity of a y
4 t er ins
a
k.e
e
sfer is to
ses
r ssi.
ree r assi nee
e. : i : . e fJ,t 1.0. f
ni s m
n
77 b
visi
ve
011
this A
er ctio
I be
y
o shall g ve
ler pal
s c
co
8 It
MI m 1M m
b
11 m
e II its to elig, bblei.Low
r ny part
c 1i9iiity c Thy
e Pr ject, (ii) the
divers t4 the City
Tr crec"),
ubst c re
er n

0. fthe Be o
li
at
y
cti. ri 1UCi
sA,.... e . ' 0.e prev
Ti. • in, a sep a

11...... it
a y .. irelief t.
fthis A
le or in a
pr visi
Ilt
m
OCU
te
U
cer
this A ree
s
0e veste
iite9. St tes
im
hm A.., gree t sh
111
e
eing roeesse
jj
re :s
ys
co
eve jffe.
ich rele
en.tati. by
p
rove
t Rate U
y
A
ith t re
inst the th
excl isively
s t our
m
v
th,
ly s tis
Idm
it
e
Ci
M
a
s
uovisi
eem ent,
5 to
s set
all b
e sh
y
a
e
ctio r dee! r
a mil be
ic y be
act' b o r that
ed
is
yet
DE
II II 1111
A
1:10

7. Any n tiee
re e„.. ued, or reliodo ov
Dev e :
1e
Exhibit B
N
b vc.
inted:

Exhibit A
Legal Description
1111
Notwit st n
ALeeflJe.tSb ii 1.e iten.rete
ci c
E
C of S n Fr cisco Ci C
d Aven.ue
S ut S Frn
III II
g
all be n.
co Ex to ate
s rovisi of this A eer
accsraoce with the r visi. C
1 11
SIGNATU 5
able }I.usig A eenciit 5
ission d
UST
By:

P158
s
es riave exec
e
II II m
CITY:

CITY OF 1,
II II

APPROVED AS TO FO
Steven T. Mattas, City Attorney
E NOTA
r re
respectiv
his A
ZE
I
I A'
11'
ster
II 11,
II I'
e
F
ail, re
set
25 s ofthi
11 II,II
NCISCO
rn receipt
el
e
Foil of Resale Restriction and Option to Purchase Agreement for Below Market Rate Property ttac

E IBIT A
Property
gal
JJr 159
Recording requested by and when
recorded mail to:

City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Attention: City Manager

EXEMPT FROM RECORDING FEES PER
GOVERN NT CODE . 6103, 27383
RESALE RESTRICTION AGREE NT AND OPTION TO PIJRC % SE
Form of Resale Restriction and Option to Purchase
Owner:

E IBIT B
Name ofDevelopment: 1309 Mission Road
Property Address:

South San Francisco, CA 94
Exhibit B: Fo of Resale Restriction and Option to Purchase Space above this line for Recorder'suse.

NOTICE: THE ' ARE RESTRICTIONS ON THE SALE OF THE PROPERTY YOU ARE BUYING. EXCEPT FOR A TRANSFER TO CITY OF SOUTH SAN

FRANCISCO FOLLOWING EXERCISE OF ITS OPTION TO PURCHASE, T

PROPERTY MAY ONLY BE SOLD TO AN ELIGIBLE HOUSEHOLD AT A PRICE NOT TO EXCEED THE ADJUSTED ' ° SALE PRICE WHICH IS CAPPED ATANAFFORDABLE HOUSING COST. ALL IMPROVEMENTS TO

THE PROPERTYAND LO S SECURED BY THE PROPERTY REQUIRE

PRIOR TTEN APPROVAL FROM THE CITY OF SOUTH SAN
FRANCISCO.

P160
This Resale Restriction Agreement and Option to Purchase ( "Agreement ") is entered into as ofthis , 20 ( the "Effective Date"), by and between the City of South San Francisco, a m a
icipal corporation ( "City ") and
an individualla m : led couple] ( "D er"). City and Owner are collectively referred to hereinafter as the "Parties."
wner :nt:fs pQ, : II hose t lle
City ifS : , : :: Pry Cisco
d J . co :1 fjs a:: ate . :lereil by reference
NO
Ci: hereun e
The Pro e : , , was constru
ici Cede (1[nchis
e .: ous.lg as .:
r usi
C. rr u t t1 e A ,
of e1ow) at a price
House: fl: to record
D : fie p : ose oaf s A ll.ee/ is inai t . d r, e :1 Pro1 :1e east t :: r f
p" as
for able t. Eligible I. o seh lds fo he 10 crest feaii 1 prevent Flit a ; , . b e ti : 1 .. :d se u n urc lasers us g t Pr r u oses l :co atible wit c1usi. n r .
a
e re . izin te, earns Jrtrn sales s.ft e Pr at , l es 1 l cte races.

Defi
Section. A itio al
c)
ty, Ca1i l:
d b 11 evel
e de
co e talc l .l
the City.
4 A
p
a
a
ste
II 11
to
y
p
eve o:l er is re
at will result
s Agree e
j
ianI
ste for
1 n
operty loca
ore
t t C1 aJ:ter 20.125 f 1 :1 Soup :1 S F crsco
ce"), wry ic: re tuires eve ers to set a 2 / 0 of
o - 1 l. <<,, tole :: - o,_ incnc a :i: Ise: , the A r
1 } ol 15 r' ffo . ab1
20 by „1 :d bet -reef the City
ai
E. Tn c sl.: r tl '1: 1 : 1 a eco : :: c l ene::its to r result:
a.

P ol:e :': at a e1ow : :: : : et :°p Ice, t: l`is A + ,: :: r 1 e t res' cts a :: c spec f s, : 1 r 11 g
r re ui el, eat :. a r r : s : t eP , rty 1 :, pe ayo
seholds. is Aire : ::elt als proves the City an ptio
res :', j cted : :1 ce.
1 Resale Restri{ctit n and Option t. P hase 2
0 sell 1: :: l'ro erty t , :: Eligil.1leIlouse
or t e :l e :1' l g C st or : :e Eligible
e Pro erty.
c : : :: e" or
o:fsell .f : : id size,
1 ) pursual..tt
the 'U:
ceases to :::ke sue :. detell atio
d : sup t reasna :ale me
ALS
es
blis
Ji ite
e
4 e»lne in Secti :1 1.
e ea
by
St tes 11Ho
c lase
resale e P
sferred t; Eli le
to p r rc se e .1. pc . at a
in nsiderati fthe benell t
received by
City a; f,ee as 11.,o11lors:
s l: e wi t s s 11 :I:: av °e :JrI1 :%:J: s set forth
o,
s arc l : ned 1/ J : :: m , Recit ,,: ,; :1 text o : l l reeme1 t. r bie IC usi fJ Co f " s: w all eve e : e l ,.i: , : se ed to sue s. t Calif° n,a. l.lea :1 : : and5;.11e Co .e ectl : 5
f 52.5 r
J ucmcessor ro1:1isi and , .. tio. 1,
a e re tio: s
ro ° : :: fated - s :J : : 1eret
co. fo.11S ,. ` : ate
t of"- ous
s Act of 937, as
an e sl: : all be 1tc : :edi
e c1cui.a
S. D
r
evelop
g
y
i) "Principal Resis ence" means the place where a person resides on a substantially full-time basis during not less than ten (10) months per year. d) "Base Resale Price" is defined in Section 15.
e) "City Opti n" is defined in $ectiori. 8.
f) "Eligible Househol means a household whose Gross Income does not exceed g) "Gross Inc e" shall have the meaning ascribed to such te is m Section 6914 o e 25 ofthe California Code ofRegulations or any successor thereto. h) "Notice of Intent to Transfer" is defined in Section 10. 0) " T.
percent

4. Ma@nten ce.
k) "Transf as defined in Section 6.
of the unadjusted Area Medi a Income.
s a period of fifty-five (55) years froti the Effective Date.

2. Princi ial Residence Res ui ement. The Owner covenants and agrees that Owner i) shall occupy the Property as the Owner'sPrincipal Residence throughout the period ofti # e that Owner o i s the Property, d (ii) shall not rent or lease the Property or portion thereof d ' ng the Te i of this Agreement without the prior written consent ofthe City. Any lease or rental in violation of the provisions ofthis A. eement shall be prohibited and void. Upon request of the City made from time to time, Owner shall provide a itten certification to the City, in f'o « provided by the City, that Owner is occupying the Property as Owner'sPrincipal Residence and that 1 er is not renting or leasing the Property to another party, and shall provide such doc ents a d other evidence as City may reasonably request to verify compliance with this Section,

3. Affordabil: Restrictions. Owner, by and for itself and any successors in interest, hereby covenants and agrees that the Property shall be sold only to Eligible Households at a price not to exceed the Adjusted Res e Price (as define in Section 15 . id that d sng the Te of this Agreement all ofthe requirements a d restrictions of this Agreement shall apply. a. The 0 i er shall maintain the Property, i1uding landscaping, in good repair and in a neat, clean and orderly condition (and, as to landscaping, in a healthy condition) d in accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state, county, m s
icipal, and other governmental agencies and bodies having or claiming sdiction and all their respective dep: lents, bureaus, and officials. Owner shall not com a. t waste or pe it deterioration ofthe Property, and shall make all repairs and replacements necessary to keep the Property in good condition and repair. Failure by the Owner to maintain the Property shall constitute a default under this Agreement for which the City may exercise the ofResale Restriction and Option to Purchase
remedies provided to City hereunder, including without limitation, the City Option to purchase the Property pursuant to Section 8 below.
b. In the event that the Owner breaches any of the covenants contained in this Section 4 and such default continues for a period often (10) days : fter itten notice from the City with respect to graffiti, debris waste material, and general mainten. t ce or thirty (30) days after ' tten notice from the City with respect to landscaping and building improvements, then in addition to a y other remedy City may have at law or in equity, City shall have the right to enter the Property and perfo i or cause to be perfo • all such acts and work necessary to cure the default. Pursuant to such right of entry, the City shall be pe • itted (but is not req ed) to enter the Property an perfo • all acts and work necessary to protect, maintain, and preserve the provements and landscaped areas, and to attach a lien on the Property, or to assess the Property, in the-amount ofthe expenditures arising from such acts and work ofprotection, maintenance, • d preservation by the City and/or costs of such cure, which o s t shall be promptly paid by the 0 • er to the City, plus an a• u. a istrative charge equal to fifteen percent
15%) ofthe cost of such work upon demand.

6. Transfer.

5. Insurance. The 0 ler shall • aintain a standard .11 risk property insurance policy equal to the replacement value ofthe Property n
ing the City and its elected and appointed
officers, officials, employees, representatives and agents as additional insureds. The 0 er shall provide the City with evidence ofrequired insurance coverage upon City'srequest. a. Restrictions on Transfer, Except as provided in Section 6 . throughout the Te • ofthis Agreement, the Property may only be sold or othe ise conveyed to Eligible Households at a price not to exceed the Adjusted Resale Price def ied in Section 15 below.

There shall be no Transfer ofthe Property without the City's certification that the transferee is an Eligible Household and that the Property is being transferred at a price not to exceed the Adjusted Res le Price. "Transfer" means any sale, assi • ent or transfer, vol Itary or invol itary, of any interest in the Property, including, but not limited to, a fee simple interest, a joint tenancy interest, a life estate, a leasehold interest, an interest evidences by a land contract by which possession ofthe Property is transferred and Owner reta*m s title, or a deed oftrust.

Any Transfer without satisfaction of the provisions ofthis A eement is prohibited and shall constitute a default by Owner for which the City y exercise any of the remedies provided herein, including without limitation, the exercise ofthe City Option pursuant to Section 8 below. b. Pe itted Transfers. Provided that the transferee assumes, within 30 days following * ften request by the City, all of 0 a er's duties and obligations der this Agreement pursuant to a itten ass ption agreement in a fo a acceptable to City, or at City' election, execution of an agreement substantially s • ilar to this Agreement, the following transfers ('Permitted Transfers") oftitle to the Property or of any estate or interest therein, shall not be subject to the City's prior approval, shall not trigger the exercise of the City Option, and shall not be considered Option Events: (i) a transfer to an existing spouse or domestic partner; (ii) a transfer by an Owner to a spouse or domestic partner where the spouse or domestic partner becomes the co-o er ofthe Property. (iii) a court-ordered transfer of title to a o Resale Restriction and Option to Purchase
P163
tJJ.
t
li
Fo
c
ea
e
Ilh
tiie c
ml
e re
Sec
e
y
c
e
estic p
s
v tr .. er y
er i
er co ue, t ocem mpy
estic m mer" s a
mave live together co
sible ftu isic iivig expenses
t be p rs rts relate
ed me state f
m
II" ay
s e
ce by
II ml m
s ii *r.vide
m ie
m m
11 ale
110 II
e c
exec
exe
0 II 11
er
c.

City with c r
c e i o rLa
its LI liphie
or her relati
er. ex ce e
to Eli
es e
below.
s cr wi
eb..II II
er t
r,
e
an
111
c
er tr
Ci
IJJ mce
III
0 c m m
II
ee
c
he or sh
rice not exce
the Ci
twelve (12)
s .fthis
such. twelve (12)-
this Sec .
e y of ..le re
cisc ifti. e Ci
iction a
m
II
e Cr
roce es s
m m m
ittei pi
in
as event, the
sixty ( ys
m re
e
tiw ts P

0. r
m II II
rocee
issw by
ter viv
er by
Ima
f lc
the eve
t r e
m m
III 1 II II m
s
es se
is
e
1 eritinp
S ctio
nec n
slow
iberiti
ae
P
c c
e
Tr. s
es est
er's
5 P 4
oses
t io
m
m
t excee
t e Ci
r s
a
eritiLLg S ner t
stitu e a efar it u
l in Section 22
th . o
rit
e c
he Ci
m e iting C
m.; r, or ft nci
or Eli e I II uset
e or she sh.aJi smtecee
d ew c ments
inst the Pr p
e remiu,ire t4 Transfer
e A.ijute Res le Pric
y exercise ri e Ci
ay ow. cc
ht ..
en
e perm hall.
11S S

CC I II II
II m
s by
0 III II
fi i. . v
evis
II m
y
e e
existin
er is e efic
enc . or
II II
S,A. ree
cloii
r stem chi
eri„.

Res 1.1e Price
ti e Ci
Ci
er.

C hdP
vi
ther a
se
e
oses
ye
tic
m : a
cep
M
11 e
hie
he it ce iiu to
r er„
ys e ate
rovi
er and
t .e rieriti
e ... ire c
sh
s i,rteres
ei be
Chi]
a
ece se
e Jj,fJe
N
m
m m
ce
H

1. m m m wit!'
f
e City

7. Misreires ntation of Fact as a Material Breach. Owner hereby declares and agrees that the fmancial and other info a ation previously provided to the City for the purpose of qualifying to purchase the Property was true and correct at the time it was given and remains true and correct as ofthe date of this Agreement, or, in the alternative, the financial and other info sation has been updated ti be true and correct today. Owner further understands that any material misstatement or misrepresentation shall be deemed to be a material breach ofthis Agreement d shall be grounds for declaring a default, te Hinating the Agreement, or seeking other such relief and remedies as are appropriate under the circ stances.

8. Grant of Ci 0 tion to Purchase Ass* . 40 ent of0 tion. 0 ler hereby gr its to the City an option (City 0 floe) to purchase the Property at the Adjusted Resale Price upon the occ ence of an Option Event (defmea in Section 9) subject to the te s and conditions contained herein. The City may assign the City Option to another gove 0 sent entity, a nonprofit affor ble housing provider or an Eligible Household. The City's assi ent ofthe City Option shall not extend any e limits contained herein with respect to the exercise period of the City Option or the period within which the Property must be purchased following exercise of the City Option.

In no event shall City become in any way liable to 0 er, nor become obligated in any m i er, by reason of the assi ent ofthe City Option, nor shall City be in any way obligated or liable to Owner for any failure of City's assignee to cons u ate a purchase ofthe premises or to comply with the te • of any purchase and sale agreement.

9. Events Givint Rise to Ri • ht to Exercise 0 stjon. City shall have the right to exercise the City Option upon the occurrence of any ofthe following events (each, an "Option Event"):

4. Receipt of a Notice ofIntent to Transfer (defined in Section 10 below); b. Any acm attempted or pending Transfer of the Property or of any estate or interest therein, except s provided in Section 6
o Resale Restriction and Option to Purchase
c. Any actual, attempted or pending encumbr e ofthe Property, including without limitation by way of mortgage or deed oftrust, or by judgment, mechanics, tax or other lien, except as pr vided in Section 19 below;
d. Recordation of a notice of default and/or notice of sale pursuant to California Civil Code section 2924 (or successor provisions) under a y deed of trust or neon age with a power of sale enc bering the Property.
e. Co i encement of a
judicial foreclosure proceeding rearding the
Property or execution by Owner of y deed in lieu of foreclosure transferring o a ership of the Property;
The occurrence of an Event of Default as described in Section 2 or g. Any violation by Owner of any provision ofthis Agreement.

10. Notice ofIntent to Tr a sfer Exercise of0 atio
Form ofResale Restriction and Option to Purchase
a. Notice of Intent to Transfer. If Owner desires to Transfer the Property or of any estate or interest therein, 0 er shall notify City in writing to that effect the "Notice of Intent to Transfer"). The Notice ofIntent to Transfer shall state the street ad ress of the Pro erty; Owner'sfrill n i e or n ai es; the address and telephone n ober at which 0 i er shall be contacted ifnot at the Property; id shall be delivered personally or deposited in the United Stats mail, postage prepaid, certified-re a
receipt requested, addressed to the City of South
San Fr ncisco, 400 Grand Avenue, South San Francisco, CA 94080, Attn: City Manager. The Notice of Intent to Transfer shall be in substantially the fo iim attached hereto as Exhibit . In the case of a proposed sale ofthe Property to a prospective purchaser, the Owner shall sub a t to the City, together with the Notice of Intent to Transfer, a copy ofthe prospective purchaser's income certification, a list ofall assets owned by the prospective purchaser, and other financial info aation reasonably requested by City, in a fo i
approved by the City, along with the
income certification to be provided to any lender making a to i to the prospective purchaser.

The City may require the prospective purchaser to provide documentation evidencing and supporting the income and other financial info ation contained in the certifications. 7 b. Notice of Exercise. Upon the occurrence of any Option Event, the City may exercise the City Option by delivering notice ("Notice of Exercise") to Owner of its intent to exercise such City Option sursu it to the te as of this Agreement. The Notice ofExercise may be in the fo attached hereto and incorporated herein as Exhibit C, or in such other fo as the City may from time to time adopt. The Notice of Exercise shall be delivered by deposit in the United States mail, postage prepaid, first-class, addressed to er at the Property, or at such other address as may a e indicated on the Notice of Intent to Transfer, and delivery shall be emed effective five (5) calendar days following the date of deposit. Ifthe Option Event relates to the potential foreclosure of a mortgage under Sections 9 d or e then the City shall
also deliver the Notice of Exercise to the mortgagee or beneficiary a der such mortgage, at such mortgagee'sor beneficiary'saddress ofrecord in the Office ofthe Recorder of San Mateo Co V.
c. Notice of Consent to Transfer. Ifthe City decides not to exercise the City Option, the City may ive its consent to the °cc ence of the Option Event ("Consent to Tr nsfer"). Ifthe Option Event involves a proposed sale of the Property to a prospective purchaser, the City's consent shall be conditioned upon (i) the proposed purchaser's qualific tion as an Eligible Household; (ii) the sale of the Property at a price not to exceed the Adjusted Resale Price; (iii) the proposed purchaser'sexecution of a Disclosure Statement in the fo a a. ched hereto as Exhibit D or such other fo or fo s as a y be promulgated by the City; and (iv) the proposed purchaser's ass ption of0
i er's duties a d obligations under this
Agreement pursuant to a written ass aption agreement in a fo 00 accept ble to City, or execution of an agreement substantiall similar to this A eement, in a fo s acceptable to City, within thirty (30) days after the Consent to Transfer has been delivered to Owner. If the prospective purchaser (0 fails to qualify as an Eligible Household, (ii) fails to execute and deliver the Disclosure Statement to the City, or (iii) fails to execute and deliver to the City assuniption agreement or an agreement substantially si s *kr to this Agreement within such thirty (30) day period, then the Consent to Transfer shall expire and the City may, at its option, either notify 0 er of the disqualification, thereby entitling Owner to locate another purchaser who qualifies as an Eligible Household, or exercise the City Option, as ifno Consent to Transfer had been delivered.
d. Tirne Period for Notice. City shall deliver a Consent to Transfer, if applicable, no later than thirty (30) days after the date it receives notification of an Option Event. City shall deliver a Notice ofExercise, if applicable, no later than sixty (60) days after the date that City receives notification of an Sption Event. For purposes of computing commencement ofthe delivery periods, the City shall be deemed to have notification of an Option Event on the date that it actually receives * tten Notice of Intent to Transfer, notice of default, s ons and complaint or other pleading, or other iting specifically stating that an Option Event has occurred. The City shall aave no obligation to deliver Notice ofExercise or Consent to Tr1 i
sfer, and the applicable ti e period for exercise ofthe City Option shall not commence to a less and • til the City has received notification of an Option Event in the manner specified in this subsection. Ifthere is a stay or inj a ction imposed by court order precluding the City from delivering its Consent to Transfer or Notice of Exercise within the appli able time period, then the ru a a bag of such period shall cease until such time as the stay is lifted or the injunction is dissolved and the City has been given itten notice thereof, at which time the period for delivery of a Consent to Tr sfer or Notice of Exercise shall again begin to t
e. No Waiver. Ifthe City in its sole discretion dete ines not to exercise the City Option y p ticular instance, or fails to deliver a Notice ofExercise or Consent to Transfer within the time periods set forth in this Section 1.0, such dete ination or failure shall not affect City'sright to exercise the City Option upon the occurrence of any future Option Event.

11. Ri ht to Reinstatement. Ifthe Option Event is the recordation of a notice of default, then the City shall be deemed to be Owner'ssuccessor in interest under California Civil Code Section 2924c (or successor section) solely for purposes of reinstatement of any mortgage on the Property that has led to the recordation of the notice of default. As 0 a er's deemed successor in interest, the City shall be entitled to pay all amo its ofprincipal, interest, taxes, assessments, homeo uers' association fees, insurance pre ums, adv • ces, costs, attorneys' fees d expenses required to cure the default. If the City exercises the City Option, then any and 11 ounts paid by the City pursuant to this Section shall be treated as Adjustments to the Base Resale Price for the Property, as defined in Section 15, below.

12. Ins ection of Pro e . After recei g a Notice ofIntent to Transfer or delivering a Notice ofExercise, the City shall be entitled to inspect the Property one or more times prior to the close of escrow to dete inc the amount of any Adjustments (defined below to the Base Resale Price (defined below). Before inspecting the Property, the City shall give er not less than forty-eight (48) hours itten notice of the date, f e and expected duration of the inspection. The inspection shall be conducted between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, excluding court holidays, less the parties mutually of Resale Restriction and Option to Purchase
P167
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14. Proceeds ofEscrow; Removal ofExceptions to
all c e th recJ.val o J1 exceptions t
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5 a. Base Resale Price. Prior to adjustment pursuant to subsection (b) below the base resale price Base Resale Price") of the Property shall be the lesser of:
i. Indexed Value. The Indexed Value of the Property means the original price paid by the 0 er for acquisition of the Property which the Parties agree is the s i. of Dollars ($
the "Base Price"), increased (but not decreased) by an amount, if iy, equal to the Base Price multiplied by the percentage increase in the I between the Effective Date and the date that the City receives notification of an Option Event.
ii. Fair Market Value. The Fair Market Value of the Property means the value ofthe Property as dete as 'lied by a qualified appraiser, certified by the State of California, selected and paid for by the Owner and approved by the City in writing. No a g in this Section shall preclude the 0 er and the City from establishing the Fair Market Value by mutual agreement instead of by appraisal.
b. Aciustments to Base Resale Price. Subject to the Affordable Housing Cost restriction, the Base Resale Price shall be increased or decreased, as applicable, by the following adjustment factors ("Adjustment"):
i. Cap ital Im srovements. An increase for capital improvements made to the Property by Owner, but only if the purpose and amount of said improvements have been previously approved by the City in iting and evidence ofthe cost is provided to the City for verification ("Eligible Capital Improvements"). The amount of the Adjustment shall equal the original cost of any Eligible Capital Improvements depreciated on a straight-line basis based upon the estimated useful life of the provement stated in the City's prior tten acceptance of said improvement.

Damam. A decrease by the amount necessary to repair d ages to the Property, if any, and to place the Property into saleable condition as reasonably dete ua ined by the City, including, without li station, amo Its attributed to cleaning; painting; replacing worn carpeting - d draperies; making necessary structural, mechanical, electrical and p1 abing repairs; and repairing or replacing built-in appliances and fixtures. iii. Advances b the Ci . A decrease in an amount equal to the s si of all costs advanced by the City for the payment of mortgages, taxes, assessments, insurance pr ti s, homeowner'sassociation fees and/or associated late fees, costs, penalties, interest, attorneys' fees, pest inspections, resale inspections, fixing violations of applicable building, plumbing, electric, fire, or other codes, and other expenses related to the Property, which 0 has failed to pay or has pe s
itted to become delinquent.

16. Priori and Effectiveness of the 0.tio
a. Recordation. This Agreement shall be recorded in the Official Records on or as soon as practicable after the Effective Date. The City Option shall have priority over Form ofResale Restriction and Option to Purchase 10
P169
er
y subse! vent T 1a s fer O1 enc
e e'v' exercise of the r1 1
e: itte Exceptions. Exce t
ption by t1 e Cil'r at rr ty ti: f ,e
ease a t merger of the Ci ;JrF gip
on sit all co ti ue t t
subsea Juet owl° ers in cc r
to sec 'lfll pc se rn n y
sulr atiol aree a
suc:J efs,sthe City
d reasonable otice c
b. • f guest tice fDe:llault. T e City skIfl : t:el.a Request for Notice e a,l t or recor ration cial 1%ecorfs llrmptly u on exec tio of this Agreement.

I
1 C' fly, t to exercise
e City 0 tiol: may
by (i) an• Eliib
dryr ' stator of aJ1 l li
p
sf , ,t to1itle 11 f
occ 1, ,fyin the ' r
to n e:JJ ° ll:ll. e! he
e »r
r .
forerlos
eed
ate
notice o
exercise t
Prf w pe
Sur iva
e C
ot1eCi
sff ttr e,nt. J
1 t ,1 senior l..e
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or rior the date
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on, or (ii
r its as
su
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sec r e [ y rtg t %e
C A "), then tl a restrictio s c Jnta
ifr- 1, to the :property is transferred by
e lie l off such f reclos e, I'
at 'Jle City 11 CJs receive ti, rely n rce of s
no l cr , f e trio t roc rr e us 1: 1,t to C 1i
rl tsion).
n ljt, . y estate r er in..erest
be effective with respect to te
e with he te111,s 1 ,d c«. 1 itil s
e cquisition fthe .lr+e e City will e: tef° l,into
urchase ll ney lender to su o fFate this Areelt went der e 1fl. eyol,left er s:llall lief e r vl er 1 that City is _. er °r11 a first 1ortga e.

Ge eral.. xc t as provide i,ff Jj , < a f a s (b) end Vic) bel w, the e City 0 ' , s1 all survive - fi ll y Tr r s a of ;lie ell by Owner. e exercised against l Pr pe. Jlf'r w ether t r » i
f ssessed or occ lied
y s ccess *r, (ins eree, J si ee, hei :, execut r, or
ible 11 1 e:111 1 lllclu a re r-1 - poffsessi n, debt or ' °1 Estee niter States Vie, or (iii) ll y person o
in ossessin J or
s nr t uali ff %,>> as ,,,, Eli le -To s l h
in a ficf:, elf the R
ent, provided t1 li at
has :lai e er s e sai
e recf r 111 o ins Il lr el t
ee, rovided the cfnvr °7
f ,, cc is
e
r% : ll e 4]f ';ill °l e Prr perty, or
p by City, r:lle City sl a
s other is rovieJ' i1 Sectio
ri
g
fr
5 1
e
er
ofRasa 1e Restriction and Opti n t
1,t h se 1 .
o time shall not ex
P170
ill ' a Civ11 Cod Sec
y l;s ate wr interest t Jrein, d
e Pr per ,
r
subject nyl
17 , ' e exercise fthe City
guish
e Prope
1,e11 ° °1
ag s a y
Ci
a ees sl at i e 111JJ,/r d in or er to assist : 11.e
5 g
vef
CC
lectively all referred
01liJtion shall Il . t s 1 r %ive (l
be s le and tr
pure :l ase 6.
f o, Watt 1 %icial or no
power sale contained ll a :J: rt a
2924 or success
O•rdo or
Ci
1 es. if S ner has ae 1 r l ; 1 using fin1 11 ci
el Y ':11e Califs :l° , 1 1, . l : : f: . ` i nce A e cy ed hel e n an ° 1 the III i a I aut ma `r ically termi . foreclosure conducte 1 ll ehalf fCall lFA or by a
e i :l s ll ed f :l o a e is ass to Cal ll_FA, l`provi > 1 e eh 1
roeEve w ic n tice : c w ray r Irlc r1rJe a
11 slier
udicial
e or
e
ec ivef : 1 ° 1 ely
eed of , rf st r
er's 111 terest ill t1 e
cc ith „I J e terms

18. Voidable Transfers. Any actual or attempted Tr i sfer of the Property or of any estate or interest therein, in violation ofthe te s and conditions ofthis Agreement, shall be voidable at the election of the City.

19. Refinane • Junior Loans. The City Option shall not become exercisable as the result of 0 a er's enc b
ring the Property for the purpose of securing financing to purchase the Property, or to refinance existing indebtedness inc ed to purchase the Property provided such refinance does not result in Owner receiving any cash from the refinance other thin for Eligible Capital Improvements (as denied in Section 15 i ). The maximum amo at (the ermitted Encumbr, nce Amount") of any refinancing pe i
itted by this section shall not
exceed an amount equal to ninety percent (90%) of the Adjusted Resale Price calculated as provided in Section 15. The Pe ' tied Encumbrance Aia o t shall be calculated as ifthe City
has received notification of an Option Event on the earlier of (a) the date on which the deed of trust or mortgage securing the refinancing_indebte ess is filed for record in the Official Records, or (b) the date the City receives Notice ofIntent to Transfer pursuant to Section 10 a above. Mortgage loans or equity lines of credit junior in lien priority to this Agreement are not pe i
itted, except as when expressly approved by the City in iting. vo

20. Insurance Proceeds and Conde i s ation Award. In the event the Property is destroyed and insurance proceeds are distributed to 0 er instead ofbeing used to rebuild the Property, or, in the event of conde a
lation, ifthe proceeds thereof are distributed to 0 • er, any surplus of proceeds re isaining after payment of the senior liens and enc i brances on the Property shall be distributed as follows: that portion ofthe surplus up to, but not to exceed, the net 0
s t Owner would have received pursuant to Section 14 had the City exercised the City Option on the date of the destruction of conde a ation valuation date shall be distributed to 0 per, and the balance of such sufplus, if any, shall be distributed to the City. d.

Proper ,ty.
ership
111
c.
11 21. Events of Default. The following shall constitute the occurrence of an event of default ("Event of Def nit") here I
der, and shall entitle the City to exercise the City Option or to pursue any other remedy provided herein or at law or in equity:
a. Owner fails to use the Property as Owner'sPrincipal Residence. b. wner Transfers the Property in violation of this Agreement. er refmances the Property in violation ofthis Agreement; cenient of a judicial foreclosure proceeding regarding the e. Execution by 0 er of any deed in lieu of foreclosure trans e Property.
f. Co encement of a proceeding or action in ba»s s ptcy, whether ary or invol tary, pursuant to Title 11 of the United States Co .e or other b. i iptcy
o Resale Restriction and Option to Purchase 12
P171
1111
w.
re„,
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ch, vio
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the tic
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eir x ressl
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24. • Ack
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t tion,
ertv
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e
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Viso
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ance.
er hisAree1jc1e1t shall cans
eL e
n City's er,xe cise
e t. c sn.„„ pe s te Je City for Iwners fail
e les„„ Ci
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set f rth
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114
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10. rees at:

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e Owner;
ons
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172
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ee
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e b
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days liter
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C. Owner has read and derstands all of the provisions ofthis Agreement. Owner accepts and agrees to the provisions ofthis Agreement and ,.derstands that this Agreement including without limitation the effectiveness ofthe resale restrictions and the City • ption) will remain in full force and effect throughout the Te of this Agreement despite any Transfer of the Property.

D. O ER. DERST,,'STHAT THE DETE ed ATION OF THE ADJUSTED

RESALE PRICE OF THE PROPERTY TO AN ELIGIBLE HOUSEHOLD CAN BE DE ONLY AT THE TIME OF THE PROPOSED TRANSFER, TA ; :f G INTO

CONSIDE TION INCII , EREST RATES
PROPERTY TAXES .;, ' D OTHER. FACTORS THAT CA OT BE ACC TELY PREDICTED A THAT THE SALES PRICE PE ITTED HE ER "' Y NOT INCREASE OR DECREASE IN THE S ; / E MAID R AS OTHER SIMI AR REAL PROPERTY 11 ICH IS NOT ENC BERED Y THIS AGREE %1 , NT. 0 R

FURTHER ACKNOWLEDGES T AT AT ALL TIMES IN SETTING THE SAL S PRICE OF THE PROPERTY THE P tARY BJECT OF THE CITY THIS

AGREEMENT IS TO PROVIDE HOUSING TO ELIGIBLE HOUSEHOLDS AT AFFORDALE HOUSING COST. THE AEI DUSTED RESALE PRICE WILL ALMOST

CERTAINLY BE LESS THAN OTHER SIMILAR PROPERTIES THAT HAVE NO RESTRICTIONS.
initialed by O ]
City:

Owner:
o Resale Restriction and Option to Purchase 14
P173
City of South San Francisco
400 Grand Avenue
South San Francisco, Califo fa 94080
Attn: City Manager
South San. Francisco, California 94080

25. Notices. Except as other se specified in this Agreement, all notices required to be sent pursuant to this Agreement shall be made by personal delivery or by deposit in the United States mail, first-class, postage prepaid, and shall be teeme to hive been delivered and received on the date of personal delivery or five (5) days after deposit in the mail, if sent to the following address:

Attarn ' Fees. If either party initiates legal proceedings to interpret or enforce its ghts der this Agreement, the prevailing party in such action shall be entitled to an award ofreasonable attorneys' fees and costs in additions to 11 y other recovery to which it is entitled under this A Bement.

27. Waivers. Modification. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in iting and executed by the waiving party. An extension of time for perfo ance of any obligation or act shall not be deemed an extension ofthe time for perfo ance of any other obligation or act, and no extension shall be valid unless in writin and executed by the waiving p ty. This Agreement may be tended or modified only by a wrir en instrument executed by the Parties and duly recorded in the Official Records of San Mateo County.

28. Severabili . If any provision ofthis Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in 11 force an effect.

29. I te •tation ofAt eement. This Agreement shall be interpreted so as to avor speculation on the Property and to ensure to the extent possible that its sales price and mortgage payments remain ffor able to Eligible Households.

30. Action or A oval. Whenever action and/or ap JE by City is required under this Agreement, the City anager or his or her designee may act on and/or approve such matter unless specifically provided otherwise, or unless the City M ager determines in his or her discretion that such action or approval requires referral to the City Council for consideration.

F Resale

31. Entire A e ment. This Agreement, including Exhibits A throu h D attached hereto and incorporated herein by this reference, contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, representations or statements with respect to the subject matter hereof

32. Governin Law . Venue. This Agreement shall be governed and construed in accordance with the laws of the State of California without regard to principles of conflict of laws. Any action to enforce or inte ret this Agreement sh 11 be filed in the Superior Court of San Mateo County, California or in the Federal District Court m or the Northern District of California.

SIGNATU
r
ST ONFOLLl WINGPAGE ,
5 P174

ININ WITNESS
n above.

Ciy C

APPROVED AS TO FO
By:

City Attorney
OF, the P s have executed this Agreement as of the date first B :
1 By:

P

II II I
o Resale Restriction and Option to Purchase 16
R(S), [ an individualla 4nied couple]:
m Im
c
a cipal c
P175
m 11 OF S LJJH S
orausn
Its: City Manager
SIGNATURES MUSTBE NOTARIZED.

F C SC
This is t cert
A eel. te. d Optic
Da
ratio
to authll co
co sellts t rec
CER
that 1:; i to est in r
chi,, le dated
r: the City
e
C
here
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y" Its
For Isal tr ic o p
toD
CATE OF ACCEPT / 1'° 1 CE
su °:l.t Gov J/, :1 :11 °1 :: e1 Code; 272 1
el r ccvee r the sale lv
0 South San Fr cisce ("City"), a >:f,t l . icip 1
ersi J.l .ed ell ce or a ,e t r be l" he p f :l.rsu
to ; 1 d e tee
cer.
11111x: ST:

City Clerk
P176
By:
ofP esale Resdcti ptio u chase A- 1

EXHIBIT A

PROPERTY
attach legal des " ption)
P177
To: City
The J rers
is eri e,ir. rintent to
Fr ,' cisco, California
folio in1' address:
t
Address:
9 1 11 r 111 E. 11 % .1..:1::. UESIP"
it c Co
Frairise l , CA
CiP
Notice of Intent to Transfer
telel ]hone b is
er(s)
e ,pro + erty locate
Pr .pert ") w Owner
Telephone: ( )
The proposed transfer is (check one):

Sale
Other

EXHIBIT B
1 e eby gives' ' otice of
at , South San
ay be eontae ell at 'l e Property or at ' e
The proposed , f' s,fe o, 'l Prope the f [r , i g person(s):

P178
ne
Date:

To: ( 0 er or Transferree
Address)
Re: Notice ofExercise
The City of South San Francisco ("City") hereby gives notice that it is exercising its option to purchase the real property located at South San Francisco, California. The option has been granted to the City pursuant to the Resale Restriction Agreement and Option to Purchase between 0 • er and the City dated and recorded on as Ins ent No. ( The City has assigned its option to purchase the real property to .) An escrow for the purchase will be opened with the Title Company.

EXHIBIT C
ofResale Restriction and Option to Purchase C-1
CITY OF SOUTH S F NCISCO, a m
corporation
P179
By
cipal
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Project Plans
P183
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P182
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