HomeMy WebLinkAboutReso - CC - 043-1994RESOLUTION NO. 43-94
RESOLUTION APPROVING GENERAL PLAN AMENDMENT,
CONDOMINIUM PERMIT,NEGATIVE DECLARATION AND SUBDIVISION MAP -
1128 CHULA VISTA AVEM E
that:
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 residential condominium permit at
1128 Chula Vista Avenue (APN 026-191-190); and
WHEREAS, said application, a general plan amendment, the
negative declaration and the subdivision map were heard by the
Planning Commission of the City of Burlingame on June 13, 1994,
said -hearing being properly noticed as required by law; and
WHEREAS, the condominium permit was approved, and the
general plan amendment, negative declaration and subdivision map
were recommended by the Planning Commission and a hearing thereon
was held by the City Council on July 5, 1994:
NOW, THEREFORE, IT IS ORDERED AND DETERMINED by the City
Council of.the City of Burlingame:
1: All notices required to be given and hearings required to
be held by the Government Code have been given and held in the form
and at the time and manner prescribed by law.
2. The decision of the Planning Commission granting the
condominium permit for 1128 Chula Vista Avenue is hereby approved
with the conditions set forth in Exhibit "A", and the subdivision
map for said project is also approved.
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3. The proposed amendment to the General Plan set forth in
Exhibit "B" attached hereto are hereby approved and adopted.
4. On the basis of the Initial Study, the documents
submitted and reviewed, and comments received and addressed by the
Planning Commission and this Council, it is hereby found that this
project will not have significant effects on the environment.
Negative Declaration ND -471-P, Exhibit "C" hereto, is therefore
approved.
5. That the following findings of fact are made regarding
said project:
(a) The approved project is for a 4 unit condominium at 1128
Chula Vista Avenue, as more fully set forth in said application
dated March 23 , 1994, and by plans date stamped March 23, 1994;
(b) The condominium as described in the staff report, said
plans and in the testimony at the hearing meets the condominium
standards of the Burlingame Municipal Code
(c) The granting of the condominium permit would be in the
interests of the health and welfare of the persons using said
property, of the City of Burlingame, and in conformity with
reasonable and orderly use of the property.
6. The City Clerk of the City Council be and hereby is
ordered to transmit to the Planning Commission.of the County of San
Mateo a certified copy of this Resolution.
MAYOR
5
I, JUDITH A. MALFATTI, City Clerk of the City of
Burlingame, coo hereby certify that the foregoing resolution was
introduced at a regular meeting of the City Council held on the 5th
day of July, 1994, and was adopted thereafter by the following
vote:
AYES: COUNCILMEMBERS: HARRISON, KNIGHT, 0-MAHONY, PAGLIARO, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NON
V CITY CLERK
3
EXHIBIT "A"
Conditions of approval Condominium Permit
1128 Chula vista Avenue
effective July 5, 1994
1) that the project shall be built as shown on the plans submitted to
the Planning Department and date stamped March 23, 1994, Sheets SD1
and SD2 and Tentative Map dated April 15, 1994;
2) that the conditions set forth in the City Engineer's memo dated
April 19, 1994, the Fire Marshal's memo dated March 28, 1994, the
Park Director's memo dated April 14, 1994 shall be met;
3) that the final inspection shall be completed and a certificate of
occupancy issued before the close of escrow on the sale of each
unit;
4) 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 warranties and 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;
5) that the project shall meet: all federal access standards, all other
requirements of the Burlingame Municipal Code and the Uniform
Building Codes and Uniform Fire Codes as amended by the City of
Burlingame;
6)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
7) that for the protection of pedestrians a silent auto warning system
shall be installed at the access/egress to the parking area at a
location approved by the City Engineer.
EXHIBIT "B"
1128 CHULA VISTA - APN:026-191-190
LAND USE DESIGNATION CHANGED FROM SHOPPING AND SERVICE COMMERCIAL
TO MEDIUM HIGH-DENSITY RESIDENTIAL
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EXHIBIT "C"
CITY OF BURLINGAME
NEGATIVE DECLARATION
File No. ND- 471 P. 1128 Chula Vista Avenue
The City of Burlingame by Marctaret Monroe on April 18, 1994,
completed a review of the proposed project and determined that:
(XX) It will not have a significant effect on the environment
(XX) No Environmental Impact Report is required.
Proiect Description:
The proposed three story, four unit multiple family residential
project requires a General Plan Amendment for the rezoning of a
single parcel from the existing commercial, C-1 zoning designation
to the neighboring multifamily, R-3 zoning designation. The
condominium consists of parking on the ground floor for eight
vehicles -to correct code dimensions; kitchen., living/dining room,
deck and balcony on the second floor and two bedrooms and two
bathrooms on the third floor. The project meets all of the
landscaping and open space requirements as provided in Chapter 26
Condominium Subdivisions.of the Municipal Code.
The rezoning request requires a General Plan Amendment since the
general plan, land use map and zoning must be consistent. In this
case the medium high density land use designation must be extended
one lot to the north on the east side of the street. The land use
element does not need to be amended because the proposed change is
a single lot and in a transitional location. Change in use is
consistent with. current policies of the -land use element.
Reasons for Conclusion:
This development, as proposed with a rezoning request, is in -fill
development consistent with the intended land use and zoning of the
area and does not present any danger to human health, established
aesthetics, recreation or cultural resources.
This proposal will not create any hazardous effects on the existing
neighborhood or surrounding environment. As proposed this project
will be adequately served and will not negatively impact the
existing water, sewer or electrical facilities already in place or
present any need to alter existing public services or traffic
circulation.
The proposed three story, four unit condominium project at 1128
Chula Vista Avenue will not negatively impact the environment as
proposed. Because the property has been developed for many years
as a single family dwelling (the lot is now vacant) there will be
no impacts on the native plant life.
The attached initial study includes reasons supporting the findings
that, based on the initial study, there is no substantial evidence
that the project will have a significant effect on the environment.
�V1 �1Fz�
Slgna'ture of Processing Official
e�:P�—z. ,zc�s �
Title Date Signed
Unless appealed within 10 days hereof the date posted, the
determination shall be final.
Date posted:
Declaration of Posting
I declare under penalty of perjury that I am City Clerk of the City
of Burlingame and that I posted a true copy of the above Negative
Declaration at the City Hall of said City near the doors to the
Council Chambers.
Executed at Burlingame, California on 13 1994.
Appealed: ( ) Yes ( ) No A _
CITY CLERK, 11PTY OF BURLINGAME
Four Unit Condominium - 1128 Chula Vista Avenue, Burlingame, CA.
General Plan Amendment, Rezone and Condominium Permit
INITIAL STUDY SLTNUMMY
4-20-94
This project, as proposed, will NOT result in the following environmental
impacts:
1. EARTH: Unstable earth conditions, displacements or compaction of soil,
destruction of unique geological features, increased water or wind erosion
of soil, changes in a beach ecosystem, exposure of people to hazards such
as earthquakes, landslides, or ground failure.
• Site is located in an urban setting and had been developed for over 40
years as a single family dwelling. The site is currently vacant.
• Site is flat and no underground construction is proposed for this
project. There will be no grading associated with this project.
2. AIR: Deterioration of ambient air quality, creation of objectionable
odors, or alteration of climate, locally or regionally.
• Site developed as a residential use for over 40 years.
• Site has been zoned commercial since the 1940's, proposed use will
generate less traffic than a commercial use.
3. WATER: Changes in directional course of marine or fresh waters, changes
in absorption rates, drainage patterns or rate of surface run-off or alter
the course of flood waters, alter the direction or flow or ground waters,
changes in quantities of ground waters by any means, changes in the amount
and availability of water to the public, exposure of people to water
related hazard.
• Site developed in residential use for over 40 years with about the same
lot coverage of impervious surfaces.
• There will be no grading associated with this development.
• Site tied into existing water distribution lines with adequate capacity
in the system.
• Water conservation required to compensate increased density.
4. PLANT LIFE: Changes in diversity or number of any species of plants
including endangered species, introduction of new species of plantsinto
the area, or reduction in the acreage of any agricultural crop.
• No native plant life exists on site.
• Condominium project will comply with city reforestation ordinance.
5.- ANIMAL LIFE: Changes in diversity or number of any species of animals
including endangered species, introduction of new species of animals into
the area or result in the barrier of normal migration of any species of
animals or deterioration of existing fish or wildlife habitat.
• No native animals exist on site.
• Residential site may include domesticated animals.
6. NOISE: Increases in existing noise or exposure of people to severe noise
levels.
• Site developed as single family residential for over 40 years.
• The condominium design is consistent with the General Plan Noise
Element.
7. LIGHT & GLARE: Extreme increases in the amount of light and glare in the
environment.
• Existing zoning allows commercial development which potentially could -
have a larger Sight and glare impact than multiple family residential
use.
8. LAND USE: Substantial alteration of the present or planned land use of
the area.
• The zoning change from C-1 to R-3 does not need a land use element
amendment because the proposed change is a single lot in a transitional
location. Change in use is consistent with the current land use element.
9. NATURAL RESOURCES: Any increase in rate of use of any natural resources.
• Development will meet all current conservation requirements.
10. RISK O_FUUPSET: Any risk of explosion or release of hazardous substances
or materials ( including but not limited to, oil pesticides, chemicals or
radiation ) in the event of an accident or upset situation, possible
interference in an emergency response or evacuation plan.
• Structure will meet all Uniform Building Code and Uniform Fire Codes as
amended by the City of Burlingame, as well as, plumbing and seismic
construction standards. -
11. POPULATION: The alteration in location, distribution, density or growth
rate of the human population.
• The past residential use was an under use of the commercially zoned
property.
• The proposed development will allow for a minor increase in population
by the addition of 3 more living units.
12. HOUSING: Displacement of any residents or create a demand for additional
housing.
• The existing lot is vacant. No dwellings are being demolished for the
purposes of this proposal.
• The proposed use will create four additional housing units which will
reduce demand for housing.
13. TRANSPORTATION/CIRCULATION: Generation of substantial increase in
vehicular traffic, strains on existing parking facilities or new parking,
substantial impact on existingtransportation systems, alterations in
present patterns of circulation or movement of people or goods, increase
in traffic hazards to motor vehicles, bicycles or pedestrians.
• All required parking is provided on site for this development.
• All existing roads and highways serving this area are operating at
service level C or less and have adequate capacity for the minor
increase in trips generated by the addition of four dwelling units.
14. PUBLIC SERVICES: The need for new or altered governmental services, such
as, fire protection, police protection, schools, parks or recreational
facilities, maintenance of public facilities, including roads and/or any
other -type of governmental services.
• All established public services serving this site are properly sized
to accommodate. an increase from a past single family residence to the
proposed four unit condominium.
15. ENERGY: The use of substantial amounts of fuel or energy, substantial
increases in demand upon existing sources of energy, the need to develop
new sources of energy.
• There will be no need to develop new energy sources since this lot
has been developed for over 40 years and the change in number of units
is minor. -
16. UTILITIES: The need for new systems or substantial alterations to the
following utilities (not including initial hook-ups to existing systems)
power or natural-gas, communication systems, water, sewer or septic tanks,
storm drainage, solid waste disposal.
• All existing utilities have adequate capacity for this project and no
new sources or services will be required.
17. HUMAN HEALTH: .Creation of health hazards or potential health hazards or
the exposure of people to potential health hazards.
• Since this site has been developed in an urban setting for over 40 years
and will meet current UBC and UFC requirements there are no known
existing health hazards and no known potential health hazards at this
site. ,
18. AESTHETICS: The obstruction of any scenic view or vista open to the
public, or the creation of an aesthetically offensive site open to the
public.
• The mass of the proposed development on this site will change from the
past single family dwelling to multiple family residential. With the
zoning change and general plan amendment the proposed project will,be
within design allowances of the Zoning ordinance and will therefore, be
compatible with both the adjacent existing commercial uses and multiple
family residential uses.
19. RSCRSATION: Any negative impact on the quantity or quality of existing
recreational opportunities.
• No recreational uses will be affected. There will be a slight increase
in demand created by the residents of the three new units. The capacity
in existing facilities is adequate to accommodate the increase in
demand.
20. CULTURAL RSSOURCEs: The destruction of prehistoric or historic
archaeological sites, the destruction of any unique ethnic or cultural
values or restrict any existing religious or sacred uses within the
potential impact area.
• Site has been developed with a single family home for over 40 years.
Redeveloping this site will not destroy any historic, ethnic, cultural
or religious uses.
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