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HomeMy WebLinkAboutReso - CC - 092-1996that: RESOLUTION NO. 92-96 RESOLUTION APPROVING CONDOMINIUM PERMIT, NEGATIVE DECLARATION, SUBDIVISION MAP AND PARCEL MAP - 107-121 EL CAMINO REAL RESOLVED, by the City Council of the City of Burlingame WHEREAS, application was made to the Planning Commission of the City of Burlingame for a seventeen unit residential condominium project at 107-121 E1 Camino Real; and WHEREAS, following a public hearing on April 8, 1996, the Planning Commission approved the Negative Declaration and denied without prejudice the negative declaration, condominium permit, subdivision map and parcel map for said project; and WHEREAS, a timely appeal was filed and a public hearing upon said appeal was scheduled and held by the City Council on October 7, 1996, at which time said application was denied without prejudice; and WHEREAS, on November 4, 1996, a further hearing was held on said application and the condominium permit, negative declaration, subdivision map and parcel map: NOW, THEREFORE, IT IS ORDERED AND DETERMINED by the City Council of the City of Burlingame: 1. That the following findings were made on Negative Declaration ND -477P by the Planning Commission and upheld by the City Council in their November 4, 1996, action: a. on the basis of the Initial Study prepared and the 1 conditions of approval included with the project, as well as the reduction of the project by one unit, reorientation of vehicle access with ingress off of Newlands Avenue and exit onto E1 Camino Real with right -turn -only, the provision of one parking space over what is required to provide additional guest parking; and b. on the basis of the documents submitted, comments received at the public hearing and issues addressed by the Planning Commission and this Council, it is hereby found that this project will not have a significant effect on the environment. 2. That the following findings of fact are made regarding said application: (a) the application is for a seventeen unit residential condominium at 107-121 E1 Camino Real, as more fully set forth in the staff report and other documents of record at the hearings of October 7 and November 4, 1996; (b) the residential condominium as described in the staff report and in the testimony at the hearing complies with the Burlingame General Plan and the Housing Element thereof, in that the project as designed complies with the policy as implemented by zoning by providing higher density housing within the major transportation corridor of E1 Camino Real, provides a transition and buffer between E1 Camino Real and the adjacent area zoned for single family residential uses, and divides the access between the entrance at Newlands Avenue and right -turn -only exit on E1 Camino Real thereby minimizing the impact on circulation in the area and increasing the public's safety; and 2 C. the project meets the condominium standards adopted by the City of Burlingame because its design meets all zoning and additional design criteria, the architectural design provides a variety of profiles, the site plan meets or exceeds required setbacks from E1 Camino Real and other property lines adjacent to existing development, the project includes one more off-street parking space than required, and the project provides more useable open space and landscaping than set out in the standards; 3. The granting of the condominium permit would be in the interests of the health and welfare of the persons using said property and of the City of Burlingame and will be developed in conformity with reasonable and orderly use of the property as defined in Chapter 25 of the Burlingame Municipal Code. 4. The decision of the Planning Commission to deny the condominium permit and maps for 107-121 E1 Camino Real is hereby overruled, and for the reasons set forth in this Resolution, in the staff report and at the public hearing, the subject condominium permit, the subdivision map and the parcel map are hereby approved subject to the conditions attached hereto as Exhibit A. gv...w' Jya • 0'�h�., MAYOR r 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 _ pith day of NOVEMBER 1996, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: HARRISON, JANNEY, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: KNIGHT ABSENT: COUNCILMEMBERS: NONE /l CITY CLERK 4 EXHIBIT "A" Conditions of approval negative declaration and condominium permit 107-121 EL CAMINO REAL effective NOVEMBER 4, 1996 1. that the project shall be built as shown on the plans submitted to the Planning Department and date stamped October 23, 1996 Sheets A-1 cover, A-2 below grade parking area and driveway slope, A-3 site plan/fust floor plan,second floor plan, A-5 third floor plan, A-6 and A-7 elevations, PL -1 landscape plan and Tentative Map date stamped October 23, 1996; 2. that the project shall include two points of access to the below grade garage, an entrance only from Newlands and an exit only on to El Camino Real, a right hand turn only sign shall be posted on the site at the El Camino Real exit, compliance shall be enforced by the Condominium Association; 3. that 37 of the 38 required parking spaces shall be provided in the below grade garage secured by a gate with an intercom connecting to each unit provided at each driveway, six (6) of these required parking stalls in the below grade garage shall be designed and marked on the final map and plans as guest parking and shall not be assigned to any unit but shall be owned an maintained by the Condominium Association; 4. that the two parking spaces provided in the covered structure at grade shall be considered a part of the required parking and assigned to one of the units on the fust floor of the structure; 5. that the conditions of the Chief Building Inspector's October 28, 1996 memo, Fire Marshal's October 28, 1996 and February 12, 1996 memo, Parks Directors's February 16, 1996 memo, and the City Engineer's October 24, 1996 memo shall be met; 6. that the final inspection shall be completed and a certificate of occupancy issued before the close of escrow on the sale of each unit; 7. that the developer shall provide the initial purchaser of each unit and to the board of directors of the condominium association, an owner purchaser manual which shall contain the name and address of all contractors who performed work on the project, copies of all warranties or guarantees of appliances and fixtures and the estimated life expectancy of all depreciable component parts of the property, including but not limited to the roof, painting, common area, carpets, drapes and furniture; 8. that the parking garage shall be designed to city standards and shall be managed and maintained by the condominium association to provide parking at no additional fee, solely for the condominium owners and their guests and no portion of the parking area and aisles shall be converted to any other use than parking or used for any support activity such as storage units, utilities or other non -parking uses and activities; 9. that the trash receptacles, furnaces, and water heaters shall be shown in a legal compartment outside of the required parking and landscaping and in conformance with zoning and California Building and Fire Code requirements before a building permit issued; EXHIBIT "A" Conditions of approval negative declaration and condominium permit 107-121 EL CAMINO REAL effective NOVEMBER 4, 1996 page -2- 10. that for the protection of pedestrians a silent auto warning system shall be installed at the area of the driveway exit on to El Camino Real; 11. that the exhaust system shafts for the underground garage shall be located to avoid landscaping and walkways; 12. that the project shall meet the requirements of Municipal Code Chapter 15. 14 Storm Water Management and Discharge Control Including the Storm Water Pollution Prevention guidelines; 13. that, with the approval of CalTrans and the City, the applicant shall, at his expense, improve the drainage capacity of the facilities in El Camino Real serving this site, at least between Newlands and Cyprus Avenues as approved by the City Engineer to standards he finds acceptable; 14. that the developer shall provide new, six (6) foot wide sidewalk, curb and gutter along the property's frontage on Newlands and along El Camino Real from Newlands to Cyprus Avenues built to city standards and approved by the City Engineer; 15. that the maximum elevation at the top of the roof ridge and parapet wall shall not exceed elevation 75.40' (75'-5") as measured from the average elevation at the top of the curb along Newlands Avenue for a maximum height of 35'-0", and that the top of each floor and final roof ridge shall be surveyed and approved by the City Engineer as the framing proceeds and prior to final framing and roofing inspections. Should any framing exceed the stated elevation at any point it shall be removed or adjusted so that the final height of the structure with roof shall not exceed the above stated specifications; and 16. that the project, including egress and access requirements, shall meet all the requirements of the Municipal Code and the 1995 Edition of the California Building and Fire Codes as amended by the City of Burlingame. RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME CA 94010 111111111111111111111111111 i OFFICIAL RECORDS OF SAN MATEO COUNTY ASSESSOR -COUNTY CLERK -RECORDER WARREN SLOCUM Recorded at Request of CITY OF BURLINGAME 96-146413 11/25/96 08:51 Recording Fee JGREEH SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY RESOLUTION APPROVING CONDOMINIUM PERMIT, NEGATIVE DECLARATION, SUBDIVISION MAP AND PARCEL MAP FOR 107-121 EL CAMINO REAL BURLINGAME ?p 01 :Mya vl. X_ L -J that: RESOLUTION NO. 92-96 RESOLUTION APPROVING CONDOMINIUM PERMIT, NEGATIVE DECLARATION, SUBDIVISION MAP AND PARCEL MAP - 107-121 EL CAMINO REAL RESOLVED, by the City Council of the City of Burlingame WHEREAS, application was made to the Planning Commission of the City of Burlingame for a seventeen unit residential condominium project at 107-121 E1 Camino Real; and WHEREAS, following a public hearing on April 8, 1996, the Planning Commission approved the Negative Declaration and denied without prejudice the negative declaration, condominium permit, subdivision map and parcel map for said project; and WHEREAS, a timely appeal was filed and a public hearing upon said appeal was scheduled and held by the City Council on October 7, 1996, at which time said application was denied without prejudice; and WHEREAS, on November 4, 1996, a further hearing was held on said application and the condominium permit, negative declaration, subdivision map and parcel map: NOW, THEREFORE, IT IS ORDERED AND DETERMINED by the City Council of the City of Burlingame: 1. That the following findings were made on Negative Declaration ND -477P by the Planning Commission and upheld by the City Council in their November 4, 1996, action: a. on the basis of the Initial Study prepared and the 1 conditions of approval included with the project, as well as the reduction of the project by one unit, reorientation of vehicle access with ingress off of Newlands Avenue and exit onto E1 Camino Real with right -turn -only, the provision of one parking space over what is required to provide additional guest parking; and b. on the basis of the documents submitted, comments received at the public hearing and issues addressed by the Planning Commission and this Council, it is hereby found that this project will not have a significant effect on the environment. 2. That the following findings of fact are made regarding said application: (a) the application is for a seventeen unit residential condominium at 107-121 E1 Camino Real, as more fully set forth in the staff report and other documents of record at the hearings of4. October 7 and November 4, 1996; E (b) the residential condominium as described in the staff report and in the testimony at the hearing complies with the Burlingame General Plan and the Housing Element thereof, in that the project as designed complies with the policy as implemented by zoning by providing higher density housing within the major transportation corridor of E1 Camino Real, provides a transition and buffer between El Camino Real and the adjacent area zoned for single family residential uses, and divides the access between the entrance at Newlands Avenue and right -turn -only exit on E1 Camino Real thereby minimizing the impact on circulation in the area and increasing the public's safety; and 2 C. the project meets the condominium standards adopted by the City of Burlingame because its design meets all zoning and additional design criteria, the architectural design provides a variety of profiles, the site plan meets or exceeds required setbacks from El Camino Real and other property lines adjacent to existing development, the project includes one more off-street parking space than required, and the project provides more useable open space and landscaping than set out in the standards; 3. The granting of the condominium permit would be in the interests of the health and welfare of the persons using said property and of the City of Burlingame and will be developed in conformity with reasonable and orderly use of the property as defined in Chapter 25 of the Burlingame Municipal Code. _- 4. The decision of the Planning Commission to deny then condominium permit and maps for 107-121 E1 Camino Real is hereby Nu overruled, and for the reasons set forth in this Resolution, in the F staff report and at the public hearing, the subject condominium permit, the subdivision map and the parcel map are hereby approved subject to the conditions attached hereto as Exhibit A. 7h - o'er.., MAYOR 3 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 NOVEMBER 1996, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: HARRISON, JANNEY, 0-MAHONY, SPINELLI NOES: COUNCILMEMBERS: KNIGHT ABSENT: COUNCILMEMBERS: NONE CITY CLERK 4 EXHIBIT "A" Conditions of approval negative declaration and condominium permit 107-121 EL CAM NO REAL effective NOVEMBER 4, 1996 1. that the project shall be built as shown on the plans submitted to the Planning Department and date stamped October 23, 1996 Sheets A-1 cover, A-2 below grade parking area and driveway slope, A-3 site plan/first floor plan,second floor plan, A-5 third floor plan, A-6 and A-7 elevations, PL -1 landscape plan and Tentative Map date stamped October 23, 1996; 2. that the project shall include two points of access to the below grade garage, an entrance only from Newlands and an exit only on to El Camino Real, a right hand turn only sign shall be posted on the site at the El Camino Real exit, compliance shall be enforced by the Condominium Association; 3. that 37 of the 38 required parking spaces shall be provided in the below grade garage secured by a gate with an intercom connecting to each unit provided at each driveway, six (6) of these required parking stalls in the below grade garage shall be designed and marked on the final map and plans as guest parking and shall not be assigned to any unit but shall be owned an maintained by the Condominium Association; 4. that the two parking spaces provided in the covered structure at grade shall be considered a part of the required parking and assigned to one of the units on the first floor of the structure; 5. that the conditions of the Chief Building Inspector's October 28, 1996 memo, Fire Marshal's October 28, 1996 and February 12, 1996 memo, Parks Directors's February 16, 1996 memo, and the City Engineer's October 24, 1996 memo shall be met; 6. that the final inspection shall be completed and a certificate of occupancy issued before the close of escrow on the sale of each unit; 7. that the developer shall provide the initial purchaser of each unit and to the board of directors of the condominium association, an owner purchaser manual which shall contain the name and address of al'- contractors who performed work on the project, copies of all warranties or guarantees of appliances and fixtures and the estimated life expectancy of all depreciable component parts of the property, including but not limited to the roof, painting, common area, carpets, drapes and furniture; 8. that the parking garage shall be designed to city standards and shall be managed and maintained by the condominium association to provide parking at no additional fee, solely for the condominium owners and their guests and no portion of the parking area and aisles shall be converted to any other use than parking or used for any support activity such as storage units, utilities or other non -parking uses and activities; 9. that the trash receptacles, furnaces, and water heaters shall be shown in a legal compartment outside of the required parking and landscaping and in conformance with zoning and California Building and Fire Code requirements before a building permit issued; q¢3 EXHIBIT "A" Conditions of approval negative declaration and condominium permit 107-121 EL CAMI NO REAL effective NOVEMBER 4, 1996 page -2- 10. that for the protection of pedestrians a silent auto warning system shall be installed at the area of the driveway exit on to El Camino Real; 11. that the exhaust system shafts for the underground garage shall be located to avoid landscaping and walkways; 12. that the project shall meet the requirements of Municipal Code Chapter 15. 14 Storm Water Management and Discharge Control Including the Storm Water Pollution Prevention guidelines; 13. that, with the approval of CalTrans and the City, the applicant shall, at his expense, improve the drainage capacity of the facilities in El Camino Real serving this site, at least between Newlands and Cyprus Avenues as approved by the City Engineer to standards he finds acceptable; 14. that the developer shall provide new, six (6) foot wide sidewalk, curb and gutter along the property's frontage on Newlands and along El Camino Real from Newlands to Cyprus Avenues built to city standards and approved by the City Engineer; 15. that the maximum elevation at the top of the roof ridge and parapet wall shall not exceed elevation 75.40' (75'-5") as measured from the average elevation at the top of the curb along Newlands Avenue for a maximum height of 35'-0", and that the top of each floor and final roof ridge shall be surveyed and approved by the City Engineer as the framing proceeds and prior to final framing and roofing inspections. Should any fraining exceed the stated elevatioi: at any point it shall be removed or adjusted so that the final height of the structure with roof shall not exceed the above stated specifications; and 16. that the project, including egress and access requirements, shall meet all the requirements of the Municipal Code and the 1995 Edition of the California Building and Fire Codes as amended by the City of Burlingame. I hereby certify this to be a full, true and correct copy of the document it purports to be, the original of which is on file in my office. Dated: of aurl=94" l