HomeMy WebLinkAboutReso - CC - 049-1998RESOLUTION NO. 49-98
RESOLUTION APPROVING
PLANNING COMMISSION RESOLUTIONS NO. 7-79 AND 5-80
AND ADOPTING THE OPEN SPACE STANDARDS AND CRITERIA
FOR REVIEW AND EVALUATION OF RESIDENTIAL CONDOMINIUM PERMITS
RESOLVED, by the City Council of the City of Burlingame, California:
WHEREAS, Chapters 26.30 and 26.32 of the Burlingame Municipal Code require
reviews of condominium subdivisions and residential condominium conversions; and
WHEREAS, on December 10, 1979, the Planning Commission of the City of Burlingame
adopted Resolution No. 7-79 establishing open space standards for residential condominiums in
the City; and
WHEREAS, on December 8, 1980, the Planning Commission adopted Resolution No.
5-80 adopting guidelines and review criteria for evaluating condominium permit applications; and
WHEREAS, the criteria and standards set forth in these resolutions have worked as a
good baseline for condominium permit applications, and it is important for the City Council to
affirm that these resolutions set forth the basic policy of the City in evaluating condominium
permit applications to guide applicants and the review process,
NOW, THEREFORE, it is hereby resolved and determined as follows:
1. Planning Commission Resolutions No. 7-79 and 5-80 are approved, and the
criteria and standards set forth in those resolutions shall be used in the review of condominium
permit applications.
10 I_\Y0] N
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that
the foregoing resolution was introduced at a regular meeting of the City Council held on the 18th
day of MAY ,1998, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: GALL I GAN, JANNEY, KNIGHT, 0' MAHONY, SP I NELL I
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE „ ,97_ _
� f CITY CLERK
C:\WP51\EILES\RESO\condoguid.pin.wpd (�
V,
ORDINANCE NO. 1015
structures proposed as a part of a condominium project and shall he
AMENDING THE MUNICIPAL CODE OF THF CITY Of BURLINGAME BY
evaluated and processed pursuant to the procedural requirements set,
ADDING CHAPTER 26.30 TO TITLE 26 (SUBDIVISIONS, PROVIDING
forth lorcanditional usepermds in Title 25 of this Cade.
be
FOR PERMITS AND REGULATION OF CONDOMINIUM SUBDIVISIONS
No condominium project or partion thereof shall approved or
in in the Planning
The City Council of the City of Burlingame does ordain as follows:
Section 1. The Municipal Code of the City of Burlingame is hereby
conditionally appprroved whole or part unless
Commission. or qly Council upon appeal or review, shall have reviewed
amended by adding Chapter 26.30 to Title 2fi (Subdivisions) which
and approved the following on the basis of their effect on sound
shall read as follows:
community planning. the economic. ecological, social and aesthetic
"CHAPTER 26.30
qualities of the community, and on public health, safety and general
CONDOMINIUM SUBDIVISIONS
weffare:
Sections:
a. The overall impact on schools, parks, utilities.
26.30.010 Purpose and intent
nciiqfie rh sheets. traNm._ parking and other community
26.30.020 New construction pmmut
facdities and resources. ... -
and
2.30.025 Conversion permit
h. A detailed development plan of the projectincluding the
26.30.030 Community apartments
location. treatment. and sizes of structures, parking layout.
26.30.050
access areas, and exterior devotions.
26.30.050 Initiated Projects
Inhaled P
c. ca derailed landscaping plan indicating types and rhes of
26.30.060 Standards
landscaping materials.
26.30.070 Minimum Requirements
d. A detailed lighting plan indicating location and nature of
5260 Purpose and intent.
0ghting and lighting fixtures in common areas.
A Covenants. Restrictions and any
Thehe City Council
community apartments
finds and determines that condominiums and
from apartments in numerous respects
e. and
copy of Agreements
Condominium Agreements far the pral'ecl setting form me
for the
and. for lee benefit
he
ubli
of public health, safety and welfare, such projects
differently from
occupancy and management policies project
1. for the dedication of land or easement for street
should treated
its
apartments. The fere Council
intent to (real differently from
widening. access or other where
ng,
states express such projects
like for
public
pub public purpose.
necessary. and in accordance with established
athereforepartments
apartments and structures and to adopt standards the
protection of the community and the purchasers of condominiums and
planned
improvements.
526.30
S2Before2yfi
t New
New
52Except70 Minimum Requirements.
Except as by law. in approving or
Before
const
and permit.
(mal approval and issuance at any budging for any
approval
condoms provided
required:
approving any condominium proled. the following shall be required:
permit
condominium or condominium project. a develoVer, builder or other
person seeking to construct such a shall, first apply and
a. PARKING
project ,for
obtain from the Planning Commission a condominium permit. Such
Cq There shall he off-street parking
p H as provided by
condominium permit shall he issued only (a) upon approval of the
Planning Commission, or City Council upon appeal or review, after it
25.70.03r of this Code.
(2) Required offshoot parking spaces. except guests parking
spaces. shall be included in the ownership individual
determines that such prb)ect conforms la all applicable zoning
reggulalians as provided for in Chapter. 25 of the Municipal Code. and
(b) upon the payment, of a fee in the' amount provided in 526.24.090
of each
unit and shall not be sold or transferred except
cath the
with (he sale of such unit.
of (his code. Ap licahons for condominium new construction permits
h. SIDE YARD REQUIREMENTS. Side yards shall be Ove
shag he evaluated and processed pursuant to the procedural
deet minimum or greater as determined by the Planning
Planning
a
to
for
approval of the Planning Commission. or City Council upon appeal or uemcdnon or lana or estaousnment of easements
review, after it has determined that the existing structure conforms to or street widening or other public purpose,
all applicable zoning regulations and all other City requirements and (blit. ACCESS. All private streets. driveways and parking areas
upon the payment of a fee in the amount provided in 526.24.090 of shag be improved and constructed with a structural section in
Ibis code. Applicahans for tandominium conversion permits shall be accord with Burlingame Engineering Department standards. They
evaluated an processed pursuant to the procedural requirements set shall be designed and maintained to insure access for municipal
forth for conditional use permits in Title 25 of this code. services to any dwelling unit (herein.
526.30.030. Community Apartments. Section 2. Violation and penally. Any person violating any of the
Community Apartments shall be subject to the same restrictions. provisions of this ordinance shall ire guiRy of a misdemeanor and upon
Crequirements and. application fees as condominiums. conviction thereof. shall be sub1ect to a fine not exceeding yon
526.30.040 Definitions. Hundred ($500.00) dollars or six (6) months in the County Jail of San
For the purpose of this Chapter, the follomin wards and phrases Mateo County. or by both such fine and imprisonment at the discretion
shall have the meaninggs respectively ascribed to mem by this section: of the Court
(1) *CONDOMINIUM Secgon 3. Repeal. Ordinance No. 1009 adopted as an urgency
An estate in real property consisting of an undivided interest ordinance on May 6. 1974. and Ordinance No. 1a 10 adopted May 20.
in common in a podium ala parcel of real proper)y together 1974, each entified qn Ordinance Providing for a Moratorium on me
with a separate, interest in space in a residenPal. muustnal or Conversion of Structures to Condominiums' and Ordinance No. 1014
commercial building an such real property such as an entitled the Municipal Cade of me City of Burlingame by
commercia obuil or stare. A condominium may include. in Adding ChapterAnnual.30 to Title 26 (Subdivisions) Providing for Permits
addition. a separate interest in other portions of real proper. and Regulations of Condominium Subdivisions" adapted as an urgency
Such separate in, may. with respect to the duration al is ordinance on July 24. 1974. and any provision of the Burgngame
an ogqment. be either (I) an estate of inheritance ar perpetual Municipal Code inconsistent herewith, to the extent of such
es e. 2) an estate fbr life. (31 an es fie for years. such as a inconsistency. and no further, are hereby repealed.
kaseho�d or subleasehold, or (41 a right of use. For the Section 4
Se era If any see
han. suhsedion, subdivision.
puryuses of this Chapter. a townhouse is a condaminium paragraph. sentence. clause ar phrase of -this Chapter or, any part
121 'UNIT mere of. is far any mason held to be uncenstiWtional or invalid. a
The elements of a condominium which are not owned in inelfeclive by any court of competent Iuthe nlian. such decision shall
wmman with the owners of other condominiums in me prajecl. not affect the validity a eNecliveness' of the remaining portions of ma
(3)'CONDOMINIUM PROJECT' Chapter. or any part thereat. The City
Coon cil hereby declares, mat it
The entire parcel. or portion thereof. of real property. would have passed each section, subsection. subdivision, paragraph,
including all structures thereon. subdivided or to be subdivided. sentence. c '" dr phrase IeereoL irrespective of me fad that any
for the purpose of consWcting or converting existing structures one or more sections, subsections, subrGvmians, paragraphs.
to condominium units. seof'
ctive clauses or phrases be declared uncanstiWtianal ar invalid a
(41 'COMMON AREAS' ineffective.
The. entire project excepting all units therein granted or re-Sequired
5. Publication. This Ordinance shall be published once as
reserved. required by law.
(5I CONDOMINIUM CONVERSION'
The development of land and attached structures as a
condominium nralecL regardless d the present or prior use of
such land a d strudures, and regardless of whether substantial
an rovemenls have been made to such structures.
- (61'COMMUNITY APARTMENT
A development in which an undivided interest in me land is
coupled with the fight of exclusive occupancy of an apartment
located thereon. For allppurposes of the Municipal Cade.
community apartments shall be subject to the same reshlcbons,
conditions, and regulations as condominiums.
S26.30.Q50 Initiated Projects.
No condominium project. regardless of when initiated, for which a
. - building permit has been issue tl shall be exempt from the requirements
r —• of obtaining a condominium permit or condominium conversion permit
unless actual construction has commenced.
526.30.060 Standards.
The following condominium standards shall apply to all land and
/s/ Irving S. Amstrup
I. HERBERT A. WHITE. City Clerk of the City of Burlingam Maya
Go
hereby certify that the foregoing Ordnance wits introduces at an -
JOY. 97 regular mepellin4 al the City Council held on me 24th day of
Coluncl held and
dthe ado
5th day of Augqust 19748 by me fallowing vote:
AYES: COUNCILMEN: AmstruµCusick-Mangini -
NOES: COUNCILMEN: None -
ABSENT: COUNCILMEN: Crosby -Harrison .—
(SEAL) /s/ HerbertryChid --
13 Published in The Burlingame Vfiager, Burlingame. CA 94010, Aug.
BURLINGAME PLANNING :COMMISSION
RESOLUTION NO. 7 - 79
RESOLUTION ESTABLISHING OPEN SPACE
STANDARDS FOR RESIDENTIAL CONDOMINIUMS
RESOLVED by the PLANNING COMMISSION of the City of
Burlingame as follows:
WHEREAS, this Commission has previously adopted its
Resolution No. 16-75 making various findings regarding the design
and construction of condominium projects within the City of
Burlingame; and
WHEREAS, it appears that it is necessary and desirable
that open space requirements for condominiums be more specifical
detailed so that the intentions of that ordinance and Chapter
26.30 of the Burlingame Municipal Code might be particularly
carried out;
NOW, THEREFORE, BE IT RESOLVED that the Planning
Commission of the City of Burlingame hereby adopts the following
standards for open space design and construction for residential
condominium projects in the City of Burlingame:
1. DEFINITION OF OPEN SPACE
Open space is that area of a lot which is:
(a) Open and unobstructed from the ground to the sky.
(b) Open and unobstructed from the ground to roof
eaves or balconies of units above the ground floor.
-(c) Covered by swimming pool equipment, or other
recreation oriented construction and equipment, accessory
structures or decks,
2. STANDARDS FOR RESIDENTIAL CONDOMINIUMS
(a) Front 'set'back landscaping:
/4/79 11
1
Landscaping is required between the front property
line and face of the building equal to not less than 60
per cent of the lot area within the minimum front setback.
(b)Private open space:
Private open space shall be provided for each unit
and shall be contiguous and directly accessible. The
following minimum standards shall apply:
75 square feet for each ground floor
unit;
75 square feet for each unit above
the ground floor.
Private open space" areas may be paved or landscaped
and shall be screened or fenced for the privacy of the
resident when located within 4 feet of established grade.
Decks and balconies when designated for outdoor use
may be used to satisfy this requirement.
(c) General open space:
In addition to private open space, open space
to or enjoyed by all project residents shall be provided at
not less than 100 square feet per unit.
Such general areas may be designated for passive or
active use, and include landscaping or paving, provided
such paving does not exceed -50 per cent of the required
area. All such areas shall be at or within 6 feet of
established grade; roof top areas shall not qualify as
general open space.
(d) Vehicular driveways and parking areas:
Private open space and general open space at ground
level is exclusive of allvehicular driveways and parking
areas.
Only temporary parking for service vehicles shall
be allowed between the front property line and the
E
Face of the building..
3. This resolution supersedes Planning Commission
Resolution No. 4-79.
RUTH E. JACOBS
Chairman
I, CHARLES W. MINK, Secretary of the Planning Commissio
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 10th day of December, 1979, by
the following vote:
AYES: COMMISSIONERS: CISTULLI, FRANCARD, HARVEY, JACOBS, MINK,
SINE, TAYLOR
NAYES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Charles W. Mink
Secretary
3
PLANNING DEPARTMENT
CITY OF BURLINGAME, CALIFORNIA
RESOLUTION NO..5-80
ADOPTION OF GUIDELINES AND REVIEW CRITERIA
FOR THE EVALUATION OF CONDOMINIUM PERMIT APPLICATIONS
WHEREAS, the City Council has determined that con-
dominiums and community apartments should be treated differently
from rented or leased properties for the benefit of public health,
safety and welfare; and
WHEREAS, Chapter 26.30 of the Burlingame Municipal
Code requires that a condominium new construction permit or a
condominium conversion permit is to be obtained before issuance
of any building permit for a condominium project; and
WHEREAS, condominium permits are to be evaluated and
processed pursuant to the procedural requirements set forth for
conditional use permits in Title 25 of said Code; and
WHEREAS, Chapter 26.30 of said Code established stand-
ards and minimum requirements;
NOW, THEREFORE, IT IS HEREBY RESOLVED that:
1. The Planning Commission hereby makes the findings
set forth in EXHIBIT A, attached hereto and made a part of this
resolution by reference, and adopted by this Planning Commission
as its review criteria to evaluate condominium subdivisions.
2. The Planning Commission recommends to the City
Council that review criteria to evaluate condominium subdivisions
be accepted, approved and utilized by the City in the process of
granting condominium permits.
-2/1/80 11 1
3. This resolution supersedes Resolution No. 16-75.
4, The Secretary of the Planning Commission be, and
he is hereby,ordered to transmit to the City Council a certified
copy of this resolution together with its attachments.
Chairyian 61F, Planning Commission
City of Burlingame
I, JOSEPH E. HARVEY, Secretary of the Planning Commis-
sion of the City of Burlingame, do hereby certify that the fore-
going resolution was introduced at a regular meeting of the
Planning Commission held on the 8th day of December, 1980, and w
adopted thereafter by the following vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS: CISTULLI, GRAHAM, HARVEY,JACOBS,MINK, TAYLOR, SINE
COMMISSIONERS: NONE
COMMISSIONERS: NONE
W
Chapter 26.32
RESIDENTIAL CONDOMINIUM
CONVERSION PERMITS
26.32.010
Purpose.
26.32.020
Permit required.
26.32.025
Conversion prohibited for less than
twenty units.
26.32.030
Application requirements.
26.32.040
Physical elements report.
26.32.050
Additional submittals.
26.32.060
Acceptance of reports.
26.32.070
Copy to buyers.
26.32.080
Physical standards for condominium
conversions.
26.32.090
Hearing.
26.32.100
Hearing considerations.
26.32.110
Findings.
26.32.010 Purpose.
The city of Burlingame finds and determines that
condominiums differ from apartments in numerous
respects and, for the benefit of public health, safety
and welfare, such projects should be treated
differently from apartments. The city council
therefore states its express intent to adopt
condominium conversion regulations for the
protection of displaced tenants and the purchasers of
condominiums. The purposes of this chapter are
therefore:
(a) To establish criteria for conversion of the
existing multiple family rental housing to
condominiums, community apartments, stock
cooperatives and any other subdivision which is a
conversion of existing rental housing;
(b) To reduce the impact of such conversions on
residents in rental housing who may be required to
relocate due to the conversion of apartments to
condominiums by providing for procedures for
notification and adequate time and assistance for such
relocation;
(c) To assure that adequate information as to the
physical conditions of the structure which is offered
for purchase is made available to purchasers of
converted housing;
(d) To insure that converted housing achieves a
high degree of appearance, quality and safety and is
consistent with the goals of the city;
(e) To provide a reasonable balance of ownership
and rental housing in Burlingame and a variety of
choices of tenure, type, price and location of
housing;
(f) To maintain a supply of rental housing for
26.32.010
elderly, handicapped, and low and moderate income
persons. (Ord. 1206 § 2 (part); May 4, 1981).
26.32.020 Permit required.
No person, firm, corporation, partnership or
other entity shall convert existing dwelling units into
a condominium subdivision, community apartment or
stock cooperative without first having said conversion
approved by the planning commission or the city
council on appeal. The permit is in addition to any
other requirement of this code. (Ord. 1206 § 2 (part);
May 4, 1981).
26.32.025 Conversion prohibited for less than
twenty units.
No application shall be accepted, and no
conversion shall be allowed, for any project which
will produce twenty or fewer condominium units.
(Ord. 1206 § 2 (part); May 4, 1981).
26.32.030 Application requirements.
No application for a condominium conversion
project shall be accepted for any purpose unless the
application includes the following:
(a) A site plan with at least the following details
shown to scale:
(1) The location, height, gross floor area and
Proposed uses for each existing structure to remain
and for each proposed new structure,
(2) The location, use and type of surfacing for all
open storage areas,
(3) The location and type of surfacing for all
driveways, pedestrian ways, vehicle parking areas
and curb cuts,
(4) The location, height and type of materials for
walls or fences,
(5) The location of all landscaped areas, the type
of landscaping and method of irrigation,
(6) The location and description of all
recreational facilities,
(7). The location, size and number of parking
spaces to be used in conjunction with each
condominium unit,
(8) The location, type and size of all drainage
pipes and structures,
(9) The location and type of all on-site and
nearest off-site fire hydrants,
(10) A lighting plan for the project,
(11) The location, type and size of all on-site and
adjacent overhead utility lines, and
(12) A grading plan showing existing contours,
building pad elevations and percent slope for all
driveways and parking areas;
(b) Fully dimensional elevation plans for typical
461 CrrY of BURLINGAME
26.32.030
structures, showing the architectural features and type
of material of construction. (Ord. 1206 § 2 (part);
May 4, 1981).
26.32.040 Physical elements report.
A report on the physical elements of all
structures and facilities shall also be submitted with
the application. The report shall include, but not be
limited to, the following:
(a) A report detailing the structural condition of
all elements of the property including foundations,
electrical, plumbing, utilities, walls, ceilings,
windows, recreational facilities, fire protection
sprinklers, alarms, mechanical equipment, roof,
parking facilities and appliances, including all
appliances installed in each unit. Such report shall be
prepared by a registered civil or structural engineer,
or licensed architect.
Regarding each such element, the report shall
state, to the best knowledge or estimate of the
applicant, when such element was built, the condition
of each element, when the element was replaced, the
approximate date upon which the element will require
replacement, the remaining useful life of the element,
the cost of replacing the element, and any variation
to the physical condition of the element from the
current zoning and from the building code in effect
on the date of the report. The report shall identify
any defective or unsafe elements and set forth the
proposed corrective measures to be employed.
(b) A report containing acoustical test data which
indicates the noise attenuation characteristics of
existing party walls and ceilings. The data for such
report shall include a representative sampling of units
involved in the project, but in no case fewer than two
dwelling units, and shall be compiled by a qualified
person experienced in the field of acoustical testing
and engineering. The consultant shall be selected by
the city and shall perform the sampling in areas or
units as approved or directed by the city.
(c) A report from a licensed structural pest
control operator, approved by the city, on each
structure and each unit within the structure.
(d) A report on any known soil and geological
conditions regarding soil deposits, rock formations,
faults, groundwater and landslides in the vicinity of
the project, and a statement regarding any known
evidence of soils problems relating to the structures.
Reference shall be made to any previous soils reports
for the site and a copy submitted with the report.
(e) A.statement of repairs and improvements to
be made by the subdivider necessary to refurbish and
restore the project to achieve a high degree of
appearance and safety. (Ord. 1206 § 2 (part); May 4,
Crry OF BURLINGAME
ISW
1981).
26.32.050 Additional submittals.
The following shall also be submitted with the
application:
(a) A draft declaration of the covenants,
conditions and restrictions, conforming to Department
of Real Estate requirements, which would be applied
on behalf of any and all'owners of condominium
units within the project. The draft declaration shall
include, but not necessarily be limited to, the
conveyance of units, the assignment of parking, an
agreement for common area maintenance, including
facilities and landscaping (together with an estimate
of any initial assessment fees anticipated for such
maintenance), description of a provision for
maintenance of all vehicular access areas within the
project, and an indication of appropriate
responsibilities for maintenance of all utility lines and
services for each unit. The declaration shall include
all provisions required pursuant to Section 26.33.010;
(b) Specific information concerning the
demographic characteristics of the project, including
but not limited to the following:
(1) Square footage and number of rooms in each
unit,
(2) Rental rate history for each type of unit for
previous two years,
(3) Monthly vacancy rate for each month during
the preceding two years,
(4) Composition of existing tenant households,
including family size, length of residence, age of
tenants, and whether receiving federal or state rent
subsidies,
(5) Proposed sales price of units,
(6) Proposed homeowners association fee,
(7) Proposed financing, and
(8) Names and addresses of all tenants.
When the developer can demonstrate that such
information is not available, this requirement may be
modified by the planning department;
(c) Signed copies from each tenant of a notice of
intent to convert as required by this code, or for
tenants from whom a notice of intent to convert is not
submitted by applicant, proof of notice by certified
mail to such tenants. At the election of the applicant,
the copies of the notice of intent to convert and the
proof of notice shall be submitted after the filing of
the application, provided that such copies and proof
shall be submitted prior to any public hearing on the
proposed conversion;
(d) Signed consent to the conversion by the
tenants of at least a majority of the units;
(e) Any other information which, in the opinion
of the planning department, will assist in determining
whether the proposed project will be consistent with
the purposes of this code. (Ord. 1206 § 2 (part); May
4, 1981).
26.32.060 Acceptance of reports.
The final form of the site plan, physical elements
report and other submitted documents shall be as
approved by the city. The reports in their accepted
form shall remain on file with the planning
department for review by any interested persons.
(Ord. 1206 § 2 (part); May 4, 1981).
26.32.070 Copy to buyers.
A summary of all reports required by this code,
in a form approved by the city, shall be provided to
each person executing any purchase, rental or other
agreement to purchase or occupy a unit in the
project. Copies of the full reports shall be made
available at all times at the sales office and shall be
posted at various locations, as may be required by the
city, at the project site. (Ord. 1206 § 2 (part); May
4, 1981).
26.32.080 Physical standards For condominium
conversions.
(a) Adequate Physical Conditions. To achieve the
purpose of this chapter, the planning commission
shall require, except as may otherwise be provided in
this code, that all units to be converted to
condominium conform to the Burlingame Municipal
Code in effect at the time of tentative map approval,
including all building and fire codes.
All violations of the city code and all required
modifications of units of the project must be
corrected prior to the approval of the final map, or,
upon approval of the planning commission, funds
shall be adequately escrowed, prior to the closing of
escrow of a unit, to assure completion thereafter of
such corrective work.
(b) Specific Physical Standards. In addition to
any other requirements, the following specific
standards and requirements shall be met:
! (1) Fire Prevention — Smoke Detectors. Each
living unit shall be provided with approved detectors
of products of combustion other than heat conforming
to the latest Uniform Building Code standards.
(2) Sound Transmission.
(A) Shock Mounting of Mechanical Equipment.
All permanent mechanical equipment, such as
motors, compressors, pumps and compactors which
are. determined by the building inspector to be a
source of structural vibration or structure-bome noise
r fir? shall be shock mounted with inertia blocks or bases
26.32.050
and/or vibration isolators in a manner approved by
him.
(B) Noise Standards. The structure shall conform
to all exterior and interior sound transmission
standards of the Uniform Building Code. In such
cases where present standards cannot reasonably be
met, the planning commission may require the
applicant to notify potential buyers of the noise
deficiency currently existing within these units.
(3) Utility Metering.
(A) The consumption of gas and electricity
within each unit shall be separately metered so that
the unit owner can be separately billed for each
utility. A water shut-off valve shall be provided for
each unit or for each plumbing fixture. The planning
commission may find at the time of approval that
individual metering of gas and electricity is
impractical and excessively expensive and waive
those requirements. Each unit having individual
meter(s) or heater(s) shall have access to its own
meter(s) and heater(s) which shall not require entry
through another unit.
(B) Each unit shall have its own panel, or access
thereto, for all electrical circuits which serve the unit.
(4) Private Storage Space. Each unit shall have
at least two hundred cubic feet of enclosed
weather -proofed and lockable private storage space in
addition to guest, linen, pantry and clothes closets
customarilyprovided. Such space may be provided in
any location approved by the planning department,
but shall not be divided into two or more locations.
In cases where the developer can demonstrate that
this standard cannot reasonably be met, this standard
may be modified by the planning commission.
(5) Laundry Facilities. Either a laundry area in
each unit or common laundry areas shall be provided;
provided such facilities shall consist of not less than
one automatic washer and dryer for each common
five units or fraction thereof. In such cases where the
developer can demonstrate that this standard cannot
reasonably be met, this standard may be modified by
the planning commission.
(6) Landscape Maintenance. All landscaping shall
be restored as necessary and maintained to achieve a
high degree of appearance and quality.
(7) Condition of Equipment and Appliances. The
developer shall provide written certification to the
buyer of each unit at the close of escrow that any
dishwashers, garbage disposals, stoves, refrigerators,
hot water tanks, air conditioners and any other major -;
appliances that are provided are in operable working
condition as of the close of escrow. At such time as ,
the homeowners association takes over management
of the development, the developer shall provide
463 Crry OF Bt1RLiNGAME
Z
F3MY911:111
written certification to the association that any .pool
and pool equipment (filter, pumps, chlorinator) and
any appliances and mechanical equipment to be
owned in common by the association is in operable
working condition.
(8) Refurbishing and Restoration. All main
buildings, structures, fences, patio enclosures,
carports, accessory buildings, sidewalks, driveways,
landscaped areas and additional elements as required
by the Planning Department shall be refurbished and
restored as necessary to achieve a high degree of
appearance, quality and safety. (Ord. 1206 § 2 (part);
May 4, 1981).
26.32.090 Hearing.
At the time of the hearing on the tentative map,
the planning commission shall also hold a hearing on
the conversion permit. Notice of the hearing shall be
given to all tenants of the proposed conversion and
posted on the property. (Ord. 1206 § 2 (part); May
4, 1981).
26.32.100 Hearing considerations.
At the hearing on the application for conversion
of existing apartments to condominiums, the planning
commission shall consider the following:
(a) The opinions of the tenants of the project as
to whether the proposed conversion protects their
interests;
(b) Whether or not the amount and impact of the
displacement of tenants, if the conversion is
approved, would be detrimental to the health, safety
or general welfare of the community;
(c) The role that the apartment structure plays in
the existing housing rental market and whether this
role is substantially altered by the proposed
conversion in the light of the tenant protection
provisions in this code. Particular emphasis should be
placed on the evaluation of rental structures to
determine if the existing apartment complex is
serving low and moderate income households, or
special groups of tenants such as elderly or
handicapped;
(d) Whether or not lower cost home ownership
opportunities will be increased by the conversion of
apartments to condominiums, stock cooperatives or
community apartments;
(e) Whether tenants will have substantial
difficulty in obtaining comparably priced housing.
(Ord. 1206 § 2 (part); May 4, 1981).
CITY OF BURLINGAME
464
26.32.110 Findings.
The planning commission shall not issue a permit
for condominium conversion unless the planning
commission finds that:
(a) All provisions of this chapter are met;
(b) The proposed conversion is consistent with
the Burlingame general plan;
(c) The proposed conversion will conform to the
Burlingame Municipal Code and other applicable
code provisions, if any, in effect at the time of
tentative map approval, except as otherwise provided
in this chapter or specifically excepted by the
planning commission;
(d) The overall design and physical condition of
the condominium conversion achieves a high degree
of appearance, quality and safety. (Ord. 1206 § 2
(part); May 4, 1981).
that:
n
EXHIBIT A
FINDINGS
The Planning Commission of the City of Burlingame finds
1. Review criteria for condominium permits are needed
to adequately evaluate residential, commercial and industrial con-
dominium subdivisions.
2. All condominium projects shall be reviewed on the
basis of their effect on sound community planning, the economic,
ecological, social and aesthetic qualities of the community, and on
public health, safety and general welfare.
3. A new 'Condomlnifumproject shall conform to all applic-
able zoning regulations.
4. A condominium conversion project shall conform to all
applicable zoning regulations and all other city requirements.
5. There shall be a finding that the condominium project
is in conformity with the General Plan and the density permitted by
zoning regulations.
6. The site plan shall include the proposed location
and use of common areas; driveways, parking spaces for owners, guests,
employees and customers; landscaping, common recreation areas or other
designated open space.
7. Project plans shall indicate accessibility for owners
guests, employees and customers to parking, storage, recreation and
service areas; separation between living units and along property
lines; provisions for security; and the orientation with respect
to surrounding buildings and land uses.
8. Condominium unit floor plans shall indicate: the total
floor area; the number, type and size of rooms; the type of separa-
tion walls and provisions for achieving sound control and privacy;
EXHIBIT A
1
and provisions for insulating exterior walls and roof from heat
and cold.
9. Condominium project plans shall indicate the location
and type of utilities, building services and separate facilities
for individual units and access easements to make repairs.
(a) Separate gas and electric meters and separate water
shutoff valves. Individual residential unit climate
controls and any proposed climate zones (based on types
of unit uses) for non-residential condominium projects.
(b) Shock mounting of mechanical equipment to reduce sound
transfer.
(c) Flexible connectors for electrical and plumbing
connections.
10. Sound levels shall satisfy adopted noise element
criteria and all State standards.
11. Covenants, conditions and restrictions shall describe:
(a) Powers, duties, rights and obligations set forth in
Civil Code Section 1355.
(b) The proposed form of owners' association.
(c) Suggested by-laws, maintenance agreements, use restric-
tions, and special funds to cover emergency repairs.
12. Other reports may be required as a condition for ap-
proving a condominium permit. Such reports may include, but are
not limited to, the following:
(a) Economic report: financing arrangements, taxes,
maintenance charges and assessments.
(b) Social impact: relocation procedures.
(c) Report of structural condition.
(d) Report on building compliance with municipal
codes for proposed uses.
(e) Certificate of occupancy.
13. Applications for condominium conversion permits shall
include sufficient additional information to evaluate the soundness
of the conversion. This information shall be verified through
thorough inspection and report by a licensed architect or engineer
EXHIBIT A
Pa
prior to public hearing on the special permit. This report shall
provide inkormation concerning;
(a) The condition of existing improvements, structure,
wiring, plumbing, mechanical equipment, roof, paint,
landscaping and paved areas.
(b) Conformance with existing building, fire and zoning
codes and regulations.
(c) Prospects for providing separate utilities for individual
units.
(d) Off-street parking for owner, guests, employees and
customers.
EXHIBIT A
3