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Home My WebLink About1128 Chula Vista Ave - Staff Reportr , t ��T� �s o,� BURLlNGAME ��;��:. STAFF REPORT �� AGENDA 8 B ITEMa MTG. //1�/94 DATE HONORABLE MAYOR AND CITY COUNCIL TO: SBYBMITTED y � �l �v July 12, 1994 DATE: CITY PLANNER APPROVED FROM: gy SECOND READING OF ORDINANCE TO REZONE THE PROPERTY AT 1128 CHIILA SUBJECT: �ISTA AVENITE FROM C-1 BROADWAY COMMERCIAL AREA TO R-3 MEDIUM DENSITY RESIDENTIAL. RECOMMENDATION: City Council take action on the proposed ordinance to rezone 1128 Chula Vista from C-1 to R-3. A public hearing is not required since one was held at the first reading. Action would be a motion to adopt the ordinance. This can be done on the consent calendar since the public hearing has been completed. Plannin Commission Action At their meeting on June 13, 1994 the Planning Commission held a public hearing and voted to recommend the rezoning of the parcel at 1128 Chula Vista from C-1 Broadway Commercial Area to R-3. Finding that the rezoning and the use is consistent the intent of the general plan and zoning ordinance. BACKGROUND: Paul.Gumbinger, architect, representing Boreal/Poplar Developments, is requesting to build a four unit residential condominium project at 1128 Chula Vista Avenue. At the City Council meeting on July 5, 1994 the Council held a public hearing and voted 5- 0 to accept a negative declaration, grant a General Plan amendment changing the land use designation from service and sales retail to medium high density residential, approve a residential condominium permit, and approve a tentative map for the proposed project. At that same meeting the City Council held a public hearing and introduced an ordinance to change the zoning on the parcel to R-3 residential to match the new general plan land use designation. The action adopting the zoning ordinance is the final step in the approvals required for this project. State Planning law requires that the land use designation in the general plan and the implementing zoning be consistent. This rezoning would comply with that legal requirement. In taking this action the Council would be finding that rezoning of a single lot, immediately adjacent, will not change the intent of the commercial land use policy for the Broadway Center and it will not interfere with the existing circulation patterns or access to consumer goods and services. The proposed residential condominium will not increa-sing parking impacts along Broadway because the project provides its own parking on site to 7/18/94 SECOND READING OF AVENUE FROM C-1 RESIDENTIAL. page -2- ORDINANCE TO REZONE THE PROPERTY AT 1128 CHULA VISTA BROADWAY COMMERCIAL AREA TO R-3 MEDIUM DENSITY required code dimensions. Moreovsr, the medium high density land use designation and R-3 zoning which supports it are consistent with the general plan guidelines and helps to maintain the buffer zone between the commercial uses and the lower density residential areas to the south of the block zoned R-3. ATTACHMENTS: Ordinance: Amending the Burlingame Municipal Code and the Zoning Maps Therein Incorporated by Reclassifying 1128 Chula Vista Avenue from C-1 District to R-3 District. City Council Minutes, July 5, 1994 Planning Commission Minutes, June 13, 1994 Planning Commission Staff Report with Negative Declaration Attached. Application Form Paul Gumbinger FAIA letter to Margaret Monroe, May 27, 1994. Notice of Public Hearing, June 17, 1994 also published in the San Mateo Times June 17, 1994. 1128CHI,&.189 .� ��'�,�"��`�� .( ��.i'�� r' �:_ �..- �� ACTION ALTERNATIVES 1. City Council may vote in favor of an applicant's request. If the action is a variance, use permit, hillside area construction permit, fence exception or sign exception, the Council must make the findings as required by the code. Findings must be particular to the given property and request. Actions on use permits should be by resolution. A majority of the council members seated during the public hearing must agree in order to pass an affirmative motion. 2. City Council may deny an applicant's request. The reasons for denial should be clearly stated for the record. 3. City Council may deny a request without prejudice. This action should be used when the application made to the City council is not the same as that heard by the Planning Commission; when a Planning Commission action has been justifiably, with clear direction, denied without prejudice; or when the proposed project raises questions or issues on which the Council would like additional information or additional design work before acting on a project. Direction about additional information required to be given to staff, applicant and Planning Commission should be made very clear. Council should also direct whether any subsequent hearing should be before the Council or the Planning Commission. FINDINGS FOR A NEGATIVE DECLARATION FINDINGS Prior to acting on a project the (Planning Commission/City Council) must approve the Negative Declaration, finding that on the basis of the Initial Study and any comments received there is no substantial evidence that the project will have a significant (negative) effect on the environment. CRITERIA FOR PERMITTING A RESIDENTIAI, CONDOMINIUM The criteria for permitting a residential condominium are based on three City council actions: P.C. Resolution 7-79 addressing open space requirements, P.C. Resolution 5-80 with findings addressing development standards, and Ordinance 1015 establishing condominium subdivision regulations. The intent of these actions are outlined as follows: a) a new condominium project shall conform to all applicable zoning regulations and General Plan densities; b) review of a condominium shall include its effect on sound community planning, the economic, ecological, social and aesthetic qualities of the community and public health, safety and welfare, including but not limited to the impact on: schools, parks, public utilities, neighborhoods, streets, traffic parking and other community facilities and resources; and c) the condominium project shall have a legal tentative map filed with the City engineer prior to approval. � Burlingame Planning Commission Minutes June 13, 1994 � , �� Hillside, and�Patricia Gray, 1616 Adeline, all spoke in oppos,ition to this applicatiqn and expressed conoern for the cleaning busi:ness already present in this�strip center. They also expressed concern-for the impact on traffic and.problems with the bus stop at that corner and the children en route from scli'oo1. Gregory Tancer, 1512 Highway:-Road repeated the viewpoint stated in his letter that was presented%to the commission earlier in the even.ing. Ms. Terrell, owner of" the Adeline Center expressed her concern\'that this would be too close to the already present dry cleaner arid the pr�oblems with the monitoring well, she had been advised not to buy the parcel until it is c,leaned up. She presented a petition to the commission�containing 97 signatures all in opposition to the application. Ms. Terrel�l added that the cleaner currently located in the center has an average o�f 35 to 45;,customers on Saturdays, weekday traffic consists .of about 25\ people.`` There was speculation that any business could go into the building`when it is complete. CA Coleman clarified every business has to�get a special• permi�_appro.ved by the Planning Commission. Mr. Vasque.�z and Mr. Matthews respo'nded to the comments stating they would not ob��ect to additional conditions adding a bus bench and a refuse box that they`�,ould maintain. There were no other comments and the public hearing was closed. \\ , C. Jacobs was unable to find any exceptional circumstances applicable to this request, the traffi`c generation/customer figures were not realistic, the traffic impact would be too great, the�visibility is.high and it does not fit in a resident"ial neighborhood. The�'granting of this application would not be beneficial to the vicinity, s�,e then moved to deny this special permit and parking variance application. In comment on.the motion �the earlier rezoning ��as noted that it``'was rezoned. with conditinns in an eff� property in-a reasonable way in accordance with adjace and the zoriing code. This use is consistent with tlie City of Burlingame, however, at this time it is felt development to adhere to the 20' setback requirement discussed. It was �rt to develop.this �nt residentia]. uses zoning code of the �there is a need for on E1 Camino. .•.�� was seconded by C. Key and approved on a 4-1-2 (C.�Mink dissenting and�;Crs. Ellis and Kelly absent) roll call vote. Appeal p�ocedures were adv�sed. � � J� 11. 1128• CHULA VISTA AVENUE, ZONED C-1 BROADWAY COMMERCIAL AREA � (BOREL/POPLAR DEVELOPMENTS, PROPERTY OWNER AND PAUL GUMBINGER, APPLICANTI. A. � C. NEGATIVE DECLARATION FOR A FOUR (4) UNIT RESIDENTIAL CONDONiINIUM AT 1128 CHULA VISTA AVENUE, ZONED C-l. GENERAL PLAN AMENDMENT FOR A CHANGE IN ZONING FROM COMMERCIAL, SHOPPING AND SERVICE TO MULTIPLE.FAMILY RESIDENTIAL. REZONING OF 1128 CHULA VISTA AVENUE FROM C-1 COMMERCIAL TO R-3 MULTIFAMILY RESIDENTIAL. -7- 0 Burlingame Planning Commission Minutes June 13, 1994 D. CONDOMINIUM PERMIT FOR A FOUR (4) UNIT RESIDENTIAL CONDOMINIUM AT 1128 CHULA VISTA AYENUE, ZONED C-1. Reference staff report, 6/13/94, with attachments. CP Monroe discussed the request, reviewed criteria,.Planning Department comments, and study meeting questions. Seven conditions were suggested for consideration. Chm. Galligan opened the public hearing. Paul Gumbinger, 60 E. Third Aven.ue, San Mateo, applicant, addressed the commission. There were no comments and the public hearing was closed. C. Mink moved to recommend approval to City Council of these applications; negative declaration based on the information in the staff report and the initial study; the general plan amendment to medium high density residential based on supporting documentation in the staff report; and the rezoning as the use is consistent with.the intent of the zoning ordinance and general plan. -- Motion was seconded by C. Jacobs and approved on a 5-0-2 (Crs. Ellis and Kelly absent) voice vote. A subsequent motion was made by C. Mink recommending approval of the condominium permit application based on information received from the applicant and compliance with the requirements for residential condominium development, by resolution, with the following conditions; l) that the project shali 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 additionaY 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 proteetion 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. � Burlingame Planning Commission Minutes June 13, 1994 Motion was seconded by C. Key and approved on a 5-0-2 (Crs. Ellis and Kelly absent) voice vote. Due to public noticing requirements the City Council Public Hearing on this project will be held �uly 5, 1994. Appeal procedures were advised. �12. TENTATIVE MAP FOR A FOUR (4) UNIT RESIDENTIAL CONDOMINIUM AT 1128 CHULA VISTA AVENUE, ZONED C-1 BROADWAY.COMMERCIAL AREA (BOREL/POPT.AR DEVELOPMENTS, PROPERTY OWNER AND PAUL GUMBINGER, APPLICANTI. Reference staff report, 6/13/94, with attachments. CE Erbacher discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Chm. Galligan opened the public hearing. There were no comments and the public hearing was closed. C. Jacobs moved to recommend. approval of this tentative parcel map application to City Council, by resolution, for consideratiar� at their next meeting. Motion was seconded by C. Key and approved on a 5-0-2 (Crs. Ellis and Kelly absent) voice vote. 13. SPE�IAL PERMIT FOR RETAIL SALES AT 1313�NORTH CAROLAN AVENUE, ZONED M-1�'(:MACY MAK, PROPERTY OWNER AND TUNG NGUYEN APPLICANT) �: Reference s�aff report, 6/.13/94, with attachments. CP Monroe discussed the request,�reviewed criteria, Planning Department comments, and study meeting questio.ns. Six conditions were suggested for consideration. Chm. Galligan opened the.public hearing. Sam Hayoti, 681 Thirteenth Street, San Mateo;`"�;:asked that the commission consider wholesale as well as retail as wholesale would create less traffic. There were no comments and the public hearing was closed. C. Jacobs, based on the#';testimony and the information supplied in the packet, moved to approve this special permit for retail sales application, by resolution,„with the following conditions; i) that the improvements shall conform ;to the plans submitted to the Planning Department and date stamped Niay 9, 1994 and corrected to show only one roll-up door at the rear of this,;tenant space; 2) that the business shall be open 8:00 a.m. to'5:00 p.m '�Monday through Saturday, shall have a maximum of ten employees and a maximum of 15 vehicles in repair on-site at any time; 3) that at least two of the five assigned parking stalls at the front of the building be reserved;for arriving customers or visitors only and shall not be used to stor.e vehicles in repair or waiting to be repaired; 4) that, within 30 days of"action on this application, the requirements of'the Fire Marshal's memo dated April 24, 1994 shall be met by changing the swing on_the rear emergency,,exit door so that it.opens to the outside `of the building; also, the applicant shall provide information,.to the Building and Fire Departments about the rating of the door between the two tenant spaces; 5) that 'the project shall meet all -9- ir 0 ITEM # li � � /� -��._, ��,�,; CITY OF BURLINGAME CONDOMINI UM PERMIT Negative Declaration, General Plan Amendment, Rezoning, Condominium Permit and Tentative Map for a 4 unit residential condominium. Address: 1128 Chula Vista Avenue Meeting Date: 6-13-94 Request:Negative Declaration (ND 471-P), General Plan Amendment to land use (C.S. 25.04.080), Rezoning from C-1 to R-3 (C.S. 25.04.080 and 25.16.020), Condominium Permit (C.S 26.30) and Tentative Map (C.S. 26.08.020) for a four unit residential condominium project at 1128 Chula Vista Avenue, zoned C-1. Applicant: Paul Gumbinger, Gumbinger and Associates Property Owner: Borel/Poplar Developments APN: 026-191-190 Lot Dimensions and Area: 50' X 115' = 5750 SF General Plan:Commercial, Shopping and Service Zoning: C-1 Adjacent Development: Commercial uses to the left of the subject property and residential uses to the right of the property. CEQA Status: See Initial Study and Negative Declaration Backqround• In December of 1993 a mixed use development project, consisting of 5 condominium units with retail commercial use on the first floor and a portion of the second floor, was denied without prejudice by the Planning Commission. The project included variances for lot coverage and parking maneuvers and two exceptions to the condominium criteria in the form of inadequate front yard landscaping and substandard common open space square footage. The denial without prejudice was upheld by the City Council and the applicant was instructed that a redesign may be resubmitted to the Planning Commission within three months. The applicant resubmitted the present project on March 23, 1994 which was three months after the Council action. Current Project: The new proposal includes the following elements and requests: negative declaration, general plan amendment, rezoning the property from its existing C-1, first commercial district (retail commercial) designation to an R-3, third residential district (multiple family dwellings) designation, Condominium Permit and Tentative Map. No variances or special permits are being requested with this submittal. The negative declaration, condominium permit and tentative map is for a three story, 4 unit residential condominium project with 8 parking spaces at grade. The condominiums range in size from 1,193 SF to 1,301 SF and consist of parking on the ground floor; kitchen, living/dining area, deck and half bath on the second floor; and two bedrooms and two baths on the third floor. The condominium project meets all of the condominium criteria by providing 76 SF of private open space per unit where 75 SF is the 1 ,}�' x CONDO.,GEN.PLAN AMENDMENT,REZONE 1128 CAULA VISTA AVE. maximum required and 750 SF of common open space where 400 SF is the maximum required. Sixty-two percent of the front yard is landscaped where 60% is required. One hundred percent of this area is in soft landscaping where 50% is required. The building is 32'-0" tall from average top of curb where 35'-0" is the maximum allowable. A total of 8 parking spaces are provided, two as visitor/guest spaces, and 8 are required. Exhibit 1(attached) shows the property at 1128 Chula Vista Ave. as the last commercially zoned parcel along Chula Vista Avenue. The applicant would like to rezone 1128 to R-3, the same as the adjacent developed property, 1124 Chula Vista. The lot at 1124 Chula Vista Avenue is developed with a 4 unit apartment building. The rest of the block of Chula Vista, to the south, is also developed in multiple family uses. 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 density land use designation must be extended one lot to the north on the east side of the street (see Exhibit 2). The land use element does not need to be amended because the proposed change is a single lot in a transitional location. Excerpts from the general plan land use goals and objectives, as well as, the commercial and multiple family residential portions of the element support this conclusion. The medium high density portion of the residential land use element calls for two to three story apartment buildings. This project is compatible with those guidelines and helps to maintain the buffer zone between the commercial uses and the lower density residential areas. The change in use is consistent with the commercial land use element. The rezoning of a single lot will not change the intent of the commercial land use element in the Broadway Avenue area and will not interfere with existing circulation patterns or access to consumer goods and services. The proposed residential condominium will not increase parking impact along Broadway because it provides its own parking on site to required code dimensions. Front Stbk Side Stbk Left PROPOSED (lst): 15'-0" (2nd): 15'-0" (3rd): 15'-0" (ist) : 5'-5'! (2nd): 6'-0" (3rd): 7'-1" ALLOWED/REO'D 15'-0" 15'-0" 15'-0" 5'-0" 6'-0" 7'-0" Side Stbk Right (lst): 5'-5" (2nd): 6'-0" (3rd): 7'-1" 5'-0" 6'-0" 7'-0" � � y:, CONDO.,GEN.PLAN AMENDMENT,REZONE Rear Stbk (ist): (2nd) : (3rd): Lot Coverage . Height . Parking . Front Yard Land : % soft . Open Space,Priv.: open space,Comm : 15'-0" 15'-01° 20'-0" 41% 32'-0" 8 spaces 470 SF 100% 76 SF 750 SF Meets all zoning code requirements. 1128 CHULA VISTA AVS. 15'-0" 15'-0" 20'-0" 50% 35'-0" 8 spaces 450 SF 50% 75 SF 400 SF Staff Comments• The Chief Building Official had no comments. The Fire Marshall comments in his March 28, 1994 memo that the building must be equipped with an automatic fire sprinkler system and the sprinklers must be monitored by an approved central monitoring station. The Park Director comments in his April 14, 1994 memo that the project will be required to meet all provisions of the reforestation ordinance at the building permit stage. NOTE: Previously the Planning Commission had asked for an arborist report on the Walnut Tree, located in the city planter strip, for the previously proposed mixed use project. The Park Director notes, in his April 14, 1994, comments that arborist reports are helpful for private trees that are impacted by development. However, trees in the City right-of-way are handled by the Park Department and, therefore, will be addresses at the time the construction documents are submitted. The Park Director also stated that the Walnut tree is not a particularly valuable specimen. The Associate Civil Engineer has several comments in his April 19, 1994 memo (attached) which will need to be addressed prior to the issuance of a building permit. Study Meetina• At the May 23, 1994 Planning Commission meeting the Planning Commission had several questions (P.C. Minutes, 5/23/94). The applicant states, in his May 27, 1994 response letter, that 1 parking space will be assigned to each unit and the rest will remain unassigned. The Park Director stated that Walnut trees are relatively short lived and are more affected by draught conditions compared to Elms, Oaks or Redwoods. The Walnut tree at the 1128 Chula Vista location is a mature tree and will only last another 5 to 10 years where a mature oak could last another 30 to 40 years. He stated that it would not be wise to alter or stop a project from being built in light of these facts, especially since it is a.city street tree and the city has been regularly removing Walnut trees from planter strips. 3 „ • , , � CONDO.,GEN.PLAN AMENDMENT,REZONE II28 CHDLA VISTA AVE. The portion of State Planning law addressing zoning (Government Code Section 65860) requires that city zoning ordinances be consistent with city general plans. As a part of Burlingame achieving consistency between zoning and the general plan in 1984, the city identified the C-1 district as implementing the retail and service commercial land use designation and R-3 implementing the medium high density residential uses. While the C-1 zone allows development to R-3 standards in Burlingame, the C-1 district requires a use permit to develop residential only uses and allows commercial development which is not allowed in the medium high density land use designation. As a result, the C-1 district promises uses that the land use designation would not allow and misleads the property owner about the city's policy regarding the future development of his property. If commission wishes they could determine that C-1 zoning officially implements the medium high density land use designation. If this is done then a rezoning is not necessary in this case. (See Planners memo May 25, 1994). The proposed four unit residential condominium is compatible with the uses across the street because it is screened from view by the trees and deepens the buffer area between the commercial uses and the lower density residential uses to the south, The applicant states in his response letter that the proposed multifamily residential project has less physical impact on the area than a permitted commercial structure which could reach 35'-0” in height without any setbacks. Findings for a Negative Declaration: Following the public hearing the Planning Commission should act first on the Negative Declaration, ND 471-P, 1128 Chula Vista Ave. Prior to acting on a project the Planning Commission must approve the Negative Declaration finding that on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Findings for a General Plan Amendment: In acting on the request for a general plan amendment for the rezoning of 1128 Chula Vista the Planning Commissioners should state the reasons why they feel such action is appropriate to change the land use from shopping and commercial service to medium high density residential. The Commissioners must state why the changes are consistent with the General Plan and in particular the Land Use Element of the General Plan. Findings for a Rezoning: In acting on the request to rezone the property at 1128 Chula Vista from C-1 to R-3, the Planning Commission should state the reasons why they feel sueh action is appropriate and consistent with the intent of the zoning ordinance. Code section 25.04.010 states that the zoning ordinance was established for the following purposes; to promote public health, safety and welfare; preserve a wholesome serviceable and attractive community which increase the safety and security of home life; promote a harmonious character and economy among property, building construction and civic 4 M 0 CONDO.,GEN.PLAN AMENDMENT,REZONS 1128 CHDLA VISTA AVS. services; establish regulations to limit the location, uses, height, bulk, occupancy, lot coverage, street setback, yard sizes and occupancy of building structures and land; encourage remodeling of existing residential structures; preserve residential neighborhood character of single family structures and accessory structures and provide the best general civic use to protect the common rights and interests of all. Criteria for Permitting a Residential Condominium: Following the public hearing the Planning Commission should act fourth on the Condominium Criteria. The criteria for permitting a residential condominium are based on three City Council actions: P.C. Resolution 7-79 addressing open space requirements, P.C. Resolution 5-80 with findings addressing development standards, and Ord.1015 establishing condominium subdivision regulations. The intent of these actions is outlined as follows: a) a new condominium project shall conform to all applicable zoning regulations and General Plan densities; b) review of a condominium project shall include its effect on sound community planning; the economic, ecological, social and aesthetic qualities of the community, and public health safety and welfare; including but not limited to impact on schools, parks, public utilities, neighborhoods, streets, traffic, parking, and other community facilities and resources; and c) the condominium project shall have a legal Tentative Map filed with the City Engineer prior to approval. Planning Commission Action: The Planning Commission should hold a public hearing. All requests may be addressed in a single public hearing including the tentative map. The negative declaration, general plan amendment and rezoning actions are recommendations to City Council. Affirmative action on the condominium permit should be taken by resolution. The tentative map is also a recommendation to City Council. If the Commissioners wish you may act on the negative declaration, general plan amendment, rezoning and residential condominium permit at one time. The reasons for each action should be clearly stated for the record. At the public hearing the following conditions should be considered: Conditions: 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; 5 m CONDO.,GEN.PLAN AMENDME27T,REZONE 1128 CHULA VISTA AVE. 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. Leah Dreger Zoning Technician cc: Paul Gumbinger, architect Borel/Poplar Developments, property owners C� � CITY OF BURLINGAME NEGATIVE DECLARATION File No. ND- 471 P, 1128 Chula Vista Avenue The City of Burlingame by Maraaret 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. Project 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 envir`onment 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. �� c�� R�� , �� Si na ure of Processing Official Title Date Signed Unless appealed within 10 days hereof the date posted, the determination shall be final. Date posted • �� 3 ` / � Declaration of Postina I declare uncler 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 �`3 , 1994. Appealed: ( ) Yes ( ) No � � � � _ _ � � JUDITH � Four Unit Condominium - 1128 Chula Vista Avenue, Burlingame, CA. General Plan Amendment, Rezone and Condominium Permit INi'TTAT, STiTDY SiJNIMARY 4-20-94 This project, as proposed, wiZZ NOT result in the folZowing environmental impacts: 1. EARTA: Unstable earth conditions, dispZacements or compaction of soi1, destruction of unique geological features, increased water or wind erosion of soiZ, changes in a beach ecosystem, exposure of peopZe to hazards such as earthquakes, landsZides, or ground faiZure. • Site is Zocated in an urban setting and had been developed for over 40 years as a single family dweZZing. The site is currentZy vacant. • Site is fZat and no underground construction is proposed for this project. There wiZZ be no grading associated with this project. 2. ASR: Deterioration of ambient air quality, creation of odors, or alteration of climate, ZocaZly or regionaZly. • Site deveZoped as a residential use for over 40 years. • 5ite has been zoned commercial since the 1940's, proposed generate less traffic than a commercial use. objectionabie use wi1Z 3. WATER: Changes in directionaZ course of marine or fresh waters, changes in absorption rates, drainage patterns or rate of surface run-off or aZter the course of flood waters, aZter the direction or fZow or ground waters, changes in quantities of ground waters by any means, changes in the amount and avaiZability of water to the pubZic, exposure of peopZe to water reZated hazard. • Site developed in residential use for over 40 years with about the same Zot coverage of impervious surfaces. • There wiZZ be no grading associated with this deveZopment. • Site tied into existing water distribution Zines 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 pZants into the area, or reduction in the acreage .of any agricuZturaZ crop. • No native pZant Iife exists on site. • Condominium project wiZZ compZy with city reforestation ordinance. 5. ANIHAL LIFE: Changes in diversity or number of any species of animals including endangered species, introduction of new species of animaZs into the area or result in the barrier of normaZ migration of any species of animaZs or deterioration of existing fish or wiZdlife habitat." • No native animaZs exist on site. • Residential site may include domesticated anirnals. � NOISE: Increases in existing noise or exposure of people to severe noise ZeveZs. • Site deveZoped as single family residential for over 40 years. • The condominium design is consistent with the General PZan Noise EZement. 7 � 0 LIGAT & GLARS: Extreme increases in the amount of Ziqht and gZare in the environment. • Existing zoning allows commercial development which potentiaZZy couZd have a Zarger iight and glare impact than muZtipZe family residentiaZ use. LAND USE: Substantial alteration of the present or planned Zand use of the area. • The zoning change from C-1 to R-3 does not need a Zand ase element amendment beca�se the proposed change is a singZe lot in a transitionaZ Zocation. Change in use is consistent with the current Iand use eZement. NAT�RAL RESo�RCES: Any increase in rate of use of any naturaZ resources. Development will meet aiI current conservation requirements. m 10. RISK OF UPSET: Any risk of expZosion or reZease of hazardous substances or materiaZs ( incZuding but not Zimited to, oiZ pesticides, chemicals or radiation ) in the event of an accident or upset situation, possible interference in an emergency response or evacuation pZan. • Structure wi1l meet a11 Uniform BuiZding Code and Uniform Fire Codes a5 amended by the City of BurSingame, as welZ as, pZumbing and seismic construction standards. 11. POPULATION: The aZteration in Zocation, distribution, density or growth rate of the human popuZation. • The past residentiaZ use was an under use of the commerciaZZy zoned property. • The proposed deveZopment wiil aZlow for a minor increase in population I�y the addition of 3 more living units. 12. AOUSING: Displacement of any residents or create a demand for additionaZ housing. • The existing lot is vacant. purposes of this proposai. • The proposed use will create reduce demand for housing. No dweZZings are beinq demoZished for the four additional housing units which wiZZ 13. TRANSPOItTATION/CIRCULATION: Generation of substantiaZ increase in vehicuZar traffic, strains on existing parking faciZities or new parking, substantiaZ impact on existing transportation systems, alterations in present patterns of circuZation or movement of peopZe or goods, increase in traffic hazards to motor vehicles, bicycles or pedestrians. • AII required parking is provided on site for this development. • AZ1 existinq roads and highways serving this area are operating at service Ievel C or less and have adequate capacity for the minor increase in trips generated by the addition of four dweZZing units. 14. PilBLIC SERVICES: The need for new or aZtered qovernmental services, such as, fire protection, police protection, schooZs, parks or recreationaZ facilities, maintenance of pubZic faciZities, including roads and/or any other type of governmentaZ services. • AZZ established pubZic services serving this site are properZy sized to accommodate an increase from a past singZe family residence to the proposed four unit condominium. I5. ENERGY: The use of substantial amounts of fueZ or energy, substantial increases in demand upon existing sources of energy, the need to deveZop new sources of energy. • There wiZl be no need to develop new enerqy sources since this iot has been deveZoped for over 40 years and the change in number of units is minor. 16. DTILITIES: The need for new systems or substantial aZterations to the folZowing utiZities (not including initiai hook-ups to existing systems) power or naturaZ gas, communication systems, water, sewer or septic tanks, storm drainage, soZid waste disposaZ. • AZZ existing utilities have adequate capacity for this project and no new sources or services will be required. 17. HaMAN HEALTA: Creation of heaZth hazards or potential health hazards or the exposure of people to potential health hazards. • Since this site has been deveZoped in an urban setting for over 40 years and wiZZ meet current UBC and UFC requirements there are no known existing heaZth hazards and no known potential heaZth hazards at this site. 18. AESTAETICS: The obstruction of any scenic view or vista open to the public, or the creation of an aestheticalZy offensive site open to the public. • The mass of the proposed development on this site wiZ1 change from the past single family dweiling to m�ltiple famiZy residentiaZ. With the zoning chanqe and generaZ pZan amendment the proposed project will,.be within design alZowances of the Zoning ordinance and wiZZ therefore, be compatible with both the adjacent existing commercial uses and multipZe family residentiaZ uses. m 19. RECREATION: Any negative impact on the quantity or qua.Zity of existing recreational opportunities. • No recreationaZ uses wilZ be affected. There wi1Z be a slight increase in demand created by the residents of the three new units. The capacity in existing faciZities is adequate to accommodate the increase in demand. 20. CaLTURAL RESODRCES: The destruction of prehistoric or historic archaeoZogical sites, the iiestruction of any unique ethnic or cuZturaZ vaZues or restrict any existing religious or sacred uses within the potential impact area. • Site has been deveZoped with a single family home for over 40 years. RedeveZoping this site wiZl not destroy any historic, ethnic, cuZturaZ or religious uses. :w�smsuar.rx.0 �n�.r! s�ry�ryl � • ,. a CITY OF �U�LINGAI�/IE APPLICATION TO THE PLANNING COMMISSION � Condominium Permit Type ofAAp/ication: _Special Permit _Variance X Other Rezone from c-1 to R-3 Pro'eCt Add�ess 1128 Chula vista Avenue r-�� -�,-�� 1 t�'��-�� t`1�c� � Assessor's Parcel Number(s) 026-191-190 APPL/CANT Fd 2 `D PROPERTY OWNER ;;�"``';' � �' �'3��' Name: Borel/Poplar Developments Name: SAME ��'��'�a-��`=3�"� � �.;E.g;';3f,q�, �,?:..':'' �- Address: 720 El Camino Real, Suite 101 Add�esS: City/State2ip• B�im�on�t�� - �A ��4�Oa� City/State/Zip: _ Telephone:(work) 591-9615 Telephone:(work) _ (home) N/A ARCH/TECT/DES/GNER Name: Gumbinaer Associates/Architects Address: 60 E. Third Avenue, Suite 300 City/St2te2ip' San I�Sateo, CA 94401 Telephone (daytimel: 579-0995 (home) P/ease indicate with an asterisk f'1 who the contact verson is ior this vroiect. *Paul J. Gumbinger, FAIA PROJECT DESCR/PT/ON: Four ( 4) townhouse condominiums over surface parking. A FF/DA V/T/S/GNA TURE: I hereby certify under penaity of perjury that the information given herein is true and correct to the best of my knowledge and belief. �, � � �jZ9, ._��/v"7� �/ l 3%�% `I�� Applicant's�Signature Date I know about the proposed application, and hereby authorize the above applicant to submit this application. �/ ,� zl � rf�i ., ,�i�� %r =-- % / . � �Property O er's`Signature Date O F FI C E U S E O N LY ----------------------------------------------------- Date Filed:'��'�3'� �T Fee � Receipt # Letter(s) to applicant advising application incomplete: Date application accepted as complete: ' P.C. study meeting (date) P.C. public hearing (date) P.C. Action ,z�s2 Appeal to Council7 Yes No projapp.frm Council meeting date Council Action � „ Burlingame Planning Commission Minutes May 23, 1994 3. SPECIAL PERMITS FOR TAKE-OUT AND NEW FOOD ESTABLISHMENT FOR A RETAIL COFFEE STORE AT 1309 BURLINGAME AVENUE, ZONED C-1 SUBAREA A, BURLINGAME AVENUE COMMERCIAL AREA (GURDIAL JOHAL, PROPERTY OWNER AND LOUISE SELIN APPLICANT) Requests: Define food establishments and enforceable restrictions; what does note on plans "not for leasing" indicate; clarify the number of handicapped restrooms required with 4± employees; do you need male and female, when will the seismic retrofit be done relative to the tenant improvements, if tenant improvements proceed will the establishment close or be relocated; trash receptacles at front and rear of the store; number of outdoor seats; employees need to use long term parking. Item set for Public Hearing June 13, 1994. 4. SPECIAL PERMIT AND PARKING VARIANCE FOR DRAPERY SHOP AT 1501 EL CAMINO REAL, ZONED C-1 (CHEVRON, U.S.A., PROPERTY OWNER AND JACK MATTHEWS, APPLICANT) Requests: what kind of business does the applicant plan to put in this space; hours of operation and cumulative parking demand; what is most intensive use; will E1 Camino widening impact setback requirements how realistic is the expectation that E1 Camino will be widened; notice tenants on adjacent site; where will employees park on site; will there be more than 25 retail customers onsite at one time or total; will landscaping along El Camino block view at corner. Item set for Public Hearing June 13, 1994. 5. 1128 CHULA VISTA.AVENUE, ZONED C-1 BROADWAY COMMERCIAL AREA (BOREL/POPLAR DEVELOPMENTS, PROPERTY OWNER AND PAUL GUMBINGER, APPLICANTI. A. NEGATIVE DECLARATION FOR A FOUR (4) UNIT RESIDENTIAL CONDOMINIUM AT 1128 CHULA VISTA AVENUE, ZONED C-1. � B. GENERAL PLAN AMENDMENT FOR A CHANGE IN �ONING FROM COMMERCIAL, SHOPPING AND SERVICE TO MULTIPLE FAMILY RESIDENTIAL. C. D. REZONING OF 1128 CHULA VISTA AVENUE FROM C-1 COMMERCIAL TO R-3 MULTIFAMILY RESIDENTIAL. CONDOMINIUM PERMIT FOR A FOUR (4) UNIT RESIDENTIAL CONDOMINIUM AT 1128 CHULA VISTA AVENUE, ZONED C-1. Requests: will parking be assigned by unit; clarify why some stalls say unit parking; have Parks Director explain his rational regarding the walnut tree; why is rezoning necessary when C-1 district allows multiple family residential with a use permit; look at the relationship of other uses on street to this site and its use for multi family residential; if project is not approved but new zoning approved, is developer bound. Item set for Public Hearing June 13, 1994. -2- � . Burlingame Planning Commission Minutes May 23, 1994 6. TENTATIVE MAP FOR A FOUR (4) UNIT RESIDENTIAL CONDOMINIUM AT 1128 CHULA VISTA AVENUE, ZONED C-1 BROADWAY COMMERCIAL AREA � (BOREL/POPLAR DEVELOPMENTS, PROPERTY OWNER AND PAUL GUMBINGER, APPLICANTI. Requests: There were no specific questions. Item set for Public Hearing June 13, 1994. 7. SPECIAL PERMIT FOR RETAIL SALES AT 1313 NORTH CAROLAN AVENUE, ZONED M-1 (MACY MAK, PROPERTY OWNER AND TUNG NGUYEN, APPLICANTI. Requests: traffic projection page not completed (reflects retail use only include wholesale) clarify; what are the differences between parking and/or traffic impacts, wholesale/retail; plans to scale; clarify placement of rollup doors at rear. Item set for Public Hearing June 13, 1994. ITEMS FOR ACTION 8. SPECIAL PERMIT TO EXPAND FOOD ESTABLTSHMENT AT 322 LORTON AVENUE, ZONED C-2 SUBAREA A, BURLINGAME AVENUE COMMERCIAL AREA (MEL K. DOLLINGER, PROPERTY OWNER AND TOORAJ SHARIF, APPLICANT). � Reference staff• report, 5/23/94, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Three conditions were suggested for consideration. Chm. Galligan opened the public hearing. Tooraj Sharif, 55 W 5th Avenue, San Mateo, the applicant, responded to questions from the commissioners pertaining to employee parking and asked that he not be limited.to five employees. There were no comments and the public hearinq was closed. C. Mink stated, based on the testimony and the information supplied in the packet, he moved to approve the this special permit application , by resolution, with the following amended conditions; 1) that the 3381 SF project shall be built as shown on the plans submitted to the Planning Department date stamped May 13, 1994; 2) that the business shall be open daily, 11:00 a.m. to 2:30 p.m.-and 5:0o to 1.0:0o p.m., with a maximum of eight employees and seating for no more th.an 66 customers; and 3) that the project shall meet all the requirements of the Uniform building and Uniform Fire Codes as amended by the City of Burlingame. � . Motion was seconded by C. Ellis and approved on a 7-0 voice vote. Appeal procedures were advised. -3- 93112/2.7 May 27,1994 r-, �, � �—� --�->, t �' � ��=c�� w._ _�;_..��_. , .�? � t $a�'��i C� vr � _ : i>�'�=;,,':'�.� �,,.,=;�=x Ms. Margaret Monroe City Planner City of Burlingame 501 Primrose Road Buriingame, CA 94010 ;!I �i �:�m_ � �� _� GUMBINGEI� ASSOCIATES bOEostThirdAvenue • SrnMateo,CA94401 � Fax: (415)579-1402 • TeC (415) 579-0995 AI�CHITECTS Project: Borel Poplar Developments APN: 026-191-190 Four (4) Townhouse Condominiums 1128 Chula Vista Avenue Burlingame, California Dear Ms. Monroe: The following is in response to questions regarding the project raised by various Planning Commission members during the study portion of the meeting of May 23, 1994. 1. ASSIGNMENT OF PARKING SPACES Each unit will be assigned one (1) parking space. The remaining spaces will be unassigned. 2. NEIGHBORHOOD CONTEXT In our professional opinion as architects and urban planners, the proposed project fits well into the neighborhood context. It provides a transition frorn the commercial to the resider,tial and is shielded by the large street trees from the one story commercial building across the sfreet. The proposed project has less visual impact than a 35ft. high commercial building that could be built to the front property line. Being a residential project, it also has less impact on the need for street parking during business hours. Paul J. Gumbinger, FAIA President & CEO 93112/2.7 May 27,1994 Ms. Margaret Monroe Page two 3. ZONING �� l j � �� `.:;� .• __- _ ��y � _:. � ;�:<<s`�' � ,`� i�'�� ` ' � - - �. � _ �: i , �� : The property owner has expended considerable time, effort and resources in trying to develop a suitable project for the site and is very anxious to start construction as soon as possible. If for some reason the proposed project is not approved, tne property owner would then respectfully request the Planning Commission not to approve the General Plan Amendment and Rezoning. Please contact me if you desire any additional information. Very truly yours, PJG/lrg CITY OF BURLINGAME MEMO TO: PLANNING COMMISSION DATE: 5/31/94 FROM: CITY PLANNER � Q� rV� �,. SUBJECT: REQUIREMENT OF REZONING WITH GENERAL PLAN AMENDMENT FOR RESIDENTIAL IISE FOR PROPERTY ZONED C-1, BROADWAY COMMERCIAL AREA, AT 1128 CHULA VISTA. At the Planning Commission Study meeting on May 23, 1994 the Commissioners asked that if the C-1 district allows residential development as a conditional use, why is a rezoning to R-3 necessary for this proposed 4 unit residential project? The properties zoned commercial (C-1) along Broadway and on the cross streets between El.Camino Real and California Drive have been designated in both the General Plan and zoning ordinance as a special commercial area. In the General Plan the area is called the Broadway Center. In the zoning ordinance the area is called the Broadway Commercial Area. In both cases the two areas include the same properties. In the Land Use Element of the General Plan the uses in the Broadway Center area are specifically called out and described. (General Plan page 12). There is no mention of residential uses or of a policy to promote residential uses within this sub-planning area. In 1984 the Broadway Center was called out as the Broadway Commercial Area for specific zoning regulation. At that time the definition of the area was mapped and defined as being all the properties zoned c-1 fronting on Broadway and the side streets intersecting Broadway; 1128 Chula Vista was clearly one of these properties. (See map of Broadway Commercial Area). The present C-1 zoning district allows, as a conditional use, residential � uses, either as the sole use of a property or as a mixed use with commercial. The issue with the proposed 4 unit residential condominium at 1128 Chula Vista is not that the C-1 zoning will not allow a multiple family residential development in the C-1 zone. Rather the issue is one of consistency of zoning with the General Plan i.e. the zoning allows residential uses and the General Plan does not. The California Planning Law Government Code 65300.5, states that the General Plan (land use map and elements) must be internally consistent. This means that the map cannot say one thing in terms of land use and the land use element say something else. In the case of our current plan, the General Plan Map shows the Broadway Center as shopping and service commercial use. The designation appears to be coterminous with the area zoned C-1 on and adjacent to Broadway. The land use element description discusses commercial uses exclusively; there is no reference or discussion of maintaining or bringing residential units into the commercial area. 5/31/94 REQUIREMENT OF REZONING WITH GENERAL PLAN AMENDMENT FOR RESIDENTIAL IISE FOR PROPERmY ZONED C-1, BROADWAY COMMERCIAL AREA, AT 1128 CHULA VISTA. page -2- Section 65800 of the Government Code notes: "It is the purpose of this chapter to provide for the adoption and administration of zoning laws, ordinances, rules and regulations by counties and cities, as well as to implement such general plan as may be in effect in any such county or city". Section 65860 (a), goes on to state in part: "County or city zoning ordinances shall be consistent with the general plan of the county or city by January,i 1974. The State code then addresses inconsistency and how to bring inconsistencies into compliance in section 65862: When inconsistency between the general plan and zoning arises as a result of adoption of or amendment to a general plan,... hearings held...for the purpose of bringing zoning into consistency with the general plan,...may be held at the same time as hearings held for the purpose of adopting or amending a general plan, or any element thereof....It is the intent of the Legislature, in enacting this section, that local agencies shall, to the extent possible, concurrently process applications for general plan amendments and zoning changes which are needed to permit development so as to expedite processing of such applications." To comply with the direction of consistency between the zoning and the general plan, the Burlingame zoning ordinance was amended in 1982 with Section 25.04.080 which states in part: Approval of a zoning, rezoning, variance or use permit pursuant to this title shall be based on a finding that the approval is consistent with the general p1an...Applications for a zoning, rezoning, variance or use permit shall be denied if found to be inconsistent with the general plan.... Further, in 1984, motivated by the change in the state planning law requiring consistency betweeri the General Plan land use designations and the zoning, staff did a comparative study of the land use designations and zoning. For this study, which resulted in a series of general plan amendments and rezonings, the following zones were determined to correspond to the following land use designations: General Plan Land Use Residential low density medium density medium high density high density ' Commercial shopping and service service and special sales Zonina R-1 R-2 R-3 R-4 C-1 C-2 5/31/94 REQUIREMENT OF PROPERTY ZONED page -3- REZONING WITH GENERAL PLAN AMENDMENT FOR RESIDENTIAL USE FOR C-1, BROADWAY COMMERCIAL AREA, AT 1128 CHULA VISTA. Office use Waterfront commercial . commercial recreation . hotels/motels . restaurants Commercial residential Industrial and office use C-3/C-4 C-4 C-R M-1/O-M As a result when the property owner of 1128 Chula requested to place a multiple family residential any commercial use, staff looked at the following a. The general plan designated shopping and with C-1) . Vista Avenue came in and use on the site, without factors: service use (consistent b. The site is zoned C-1. c. The designation of the Broadway Center in the general plan did not mention residential uses within the area as a development objective or policy. d. Although at the. edge of the Broadway Center area, there was no dispute that this property was included in the Broadway Center. e. The proposed project is clearly a use consistent with the general plan land use designation medium high residential and R-3 zoning; both of which_are immediately adjacent to the site on the south. On the basis of these facts, and the fact that the State planning law clearly directs consistency between the General Plan and zoning, staff proposed that the applicant apply for a general plan amendment and rezoning along with the use permit for the 4 unit residential condominium. * Keeping the C-1 Zoning Designat�on Since the C-1 zoning District.does allow multiple family residential uses as a conditional use, the Planning Commission could determine that the C-1 district could be used to implement the medium high density residential land use designation. If this were done, the determination would apply to all areas designated medium high density residential in the General Plan. It would mean that while this applicant does need a general plan amendment for this project he would not need a rezoning. It would also mean that while the applicant's zoning would allow commercial uses at this site, the general plan would not. In other words if he wanted to build a commercial use or mixed commercial residential use in the future, he would have to amend the general plan again. In the end, retaining the C-1 zoning is not givirig future users of this property the clearest message about City policy regarding this site and could lead to just the kind of misunderstanding that the legislature was trying to avoid with the consistency requirement. , *Another Approach � 5/31/94 REQUIREMENT OF PROPERTY ZONED page -4- REZONING WITH GENERAL PLAN AMENDMENT FOR RESIDENTIAL USE FOR C-1, BROADWAY COMMERCIAL AREA, AT 1128 CHULA VISTA. If from this discussion it appears that the land use pol�icy for the Broadway Center is not accurate, and if, in fact, to vitalize the area residential uses within tYie area should be encouraged, then the Commission should look at changing the text of the General Plan.. If the text stated that residential uses were appropriate to accomplish the commercial goals of the area, then the C-1 district is perfect for implementation and no general plan amendments or rezonings are necessary for this proposed project. If the Commission should wish to pursue this alternative it cannot be done at the June 13, 1994 meeting addressing 1128 Chula Vista because the public notice did not include changing the land use policy for the entire Broadway Center. However, the item could be placed on a later agenda for consideration. Given all the above considerations and the fact that the applicant is interested in just the one property, it seemed prudent to ask for the rezoning to R-3 as well as extending the medium high density residential designation one lot to the north. Whichever way the determination.on the appropriate implementing zoning goes, the decision on the general plan is permanent. If the general plan land use designation is changed to medium high,density residential then commercial uses will not be allowed on the property at 1128 Chula Vista in the future. The City Attorney did note that all of these requested actions - negative declaration, general plan amendment, rezoning and use permit for condominiums - could be acted upon in a single motion. By this method if the residential project is not acceptable then its denial will include denial of the negative declaration, general plan amendment, and rezoning. M/s REZNaPA&.23 � �,e�.�� . � . A . . . . . �'v!�'V � � �� . .Y - . . _ . _. � ' . . , . _ . . . In addition, to augment thefesmall sites of many of the existing - neighborhood parks and elementary schools, acquisition of edjoining "� lots is recommended-whenever sueh 6ecome availabie: In some: instances � f h t sections of streets could be used to - stceet closings o very s or augment existing sites �r to link.schools and parks together. In 5ome . in�tances such closings would increase traffic safety in. addition to providing very much needed park space. Commercial Uses . Three complexes of commercial uses are included in this plan: the Burlingame Plaza Area, the Broadway center, and the Burlingame Avenue-Park Road center. In these centers of commercial activity three general categories of commercial uses are shown on the plan diagram: Shopping and Service, Service and Special Sales, and Office Use. In addition to the commercial uses in these three centers of activity an additional category of commercial use, Waterfront- Commercial, is indicated along most of the waterfront area. Burlinqame Plaza Area. This area includes outlets providing convenience goods and consumer services to local residents and workers; the Peninsula Hospital and medical offices; and.other professional-edministrative offices. No changes are recommended in the pattern of uses presently established. The visual quality of the shopping center should .be.improved and the parking area serving the shopping center needs redesign and tree planting to improve functional efficiency and appearance. Broadway Center. Outlets in this center now provide convenience goods y\` "' and consumer services for residents in the general vicinity. Although - many of the businesses here ai-e well established and apparently successful enterprises, better circulation, more parking, and better urban design would enhance this center. Separation of vehicular and pedestrian circulation and reduction of through-traffic an Broadway is needed. Recommendations for improving the traffic curculation patfern are presented in the Circulation Element. These include a grade separation for the raiiroad tracks and improvement of the Broadway-Bayshore Freeway interchange to relieve traffic conaestion at that point. Consideration should be given to creating a pedestrian precinct on Broadway in the section between Laguna Av,enue and Capuchino Avenue. Additional off-street parking should be provided to the rear of present business outlets f ronting on Broadway with access to such lots from the neU� streets indicated on the plan diagram. An urban design plan should be developed - for this center to provide more detailed guidance for future changes. Burlinqan•e Avenue-Park Road Center. This center includes outlets providing a wide range of consumer goods and services for Burlingame residents and residents of adjoining communities. It also includes business service establishments, business and proTessional offices, civic buildings, and some resic;ential uses. The following organization of uses with;n the center is recommended: shopping goods outlets should, in the main, be located along Burlingame Avenue and Park Road,in a pedestrian precinct; convenience goods stores, restaurants, and co��sumer service outlets should not occupy ground level street .frontage space in the heart of the center but shouid be in more peripheral locations; the frontage of the west side 12 'I'HH PLANNING AND ZOIvING LAW �� a(%��,�,y� � C �� j�3 �V UUU�j,�� Aufhority to perform funcdons: entry onto "prlmt� tand Public officials tn furnlsh plaaning ngency with aNaila6le tnfonnatton 65105. In the performance of their funcdons, planning agency personnel may enter t�pon any land and make examinadons and surveys, provided thatthe entries, examinations, and surveys do not interfere with the use of the land by those persons lawfully entitled to the possession thereof. (Added by Stats.1984; Ch. 690.) 65106. Upon request all public officials shall fumish to the planning agency within a reasonable 6me any available information as may. be required for the work of the planning agency: ' (Added by Stats.1985, Ch. 61 T.) (Article 2: [commencing with Section 65150J repealed by Stats: I984, Ch. 690.) (Article 3. [commencing with Section 65200] repealed by Stats.1984; Ch: 690.) Article 4. Long Range Planriing Trust Fund Long Range 65250. (a) A city with a population in excess of three million may establish a Long Range Planning Trust P/anningTrash Fund in accordance with subdivision (b) to consist of those moneys that are voluntarily paid by an Fund assessee of real property on the property tax bill in an amount equal to one dollar ($1) for each parcel of assessed real property of one acre or less, or one dollar ($1) per acre, and any additional fractional portion thereof, for each parcel of assessed real property of more than one acre,and are collected and deposited pursuant to an agreement as described in subdivision (d): (b) A city as described in subdivision (a) shall establish a Long Range:Planning 1`rust Fund by a resolution, adopted by a majority vote of the city's governing body. That resolution shall require that moneys in the fund shall be expended upon the vote of that city's goveming body only for purposes of long-term land use planning and general plan revisions. (c) Upon adoption of a resolution pursuant to subdivision (b), a city may solicit volantary contributions as described in subdivision (a), and upon receiving authorization to collect the contri- bution by an assessee of real property, may transmit to the county assessor, county auditor, and connty tax collector any information regarding the assessee that may be necessaiy to collect thecontribu6on pursuant to an agreement.as.specified in subdivision (d). (d) The county assessor,:rnunty auditor, county tax collector and the adopting city may enter into a joint agreement for the collection and allocation of yoluntary contributions as described in subdivision (a), that may provide forthe collection of contributions by thetax collector. The agreement shall provide for the allocation Yo the county assessor, counfy auditor; and tax collector from moneys collected of amounts equal to the actual and reasonable costs incurred by those persons in collecting and allocatingcontributionsc (Added by Stats.1992, Ch. 937.) - Article 5. Authority for and Scope of General:Plans Plan sequired ernal consistency Local implementatian Batance of local sftuation/compliance with state and fedcral laws 65300. Each planning agency shall prepaze and the legislative body of each county and city shall adopt a comprehensive, long-term general plan for the physical development of thecounty or city, and of any land outsideits boundaries which in the planning agency's judgmentbears reladon to itsplanningc Charteredci[ies shall adopt general plans -which contain the mandatory elements specified in Secdon 65302. i (Amended by Stats.1984; Ch.1009.) 65300.5. In construing the provisions of this article, the Legislature intends that ttie general plan and elements and parts thereof comprise an integrated, internally consistent and compatible statement of policies for the adopting. agency. (Added by Stats.1975, Ch.1104.) 65300.7. Thel.egislaturefinds thatthediversity of the state's communities andtheirresidentsrequires p]anning agencies and legislarive bodies to implement this article in ways that accominodate local conditions and circumstances, while meeting its minimum requirements. (Added by Stats.1980, Ch. 837.) 65300.9. The Legislature recognizes that the capacity of Califomia cides and counties to respond to state planning laws variesdue to the legal differences between cities and coundes, both charter and general law, and to differences among them in physical size and characterisdcs, population size and density, fiscal and administradve capabilides, land use and development issues, and human needs. It is the intent of the Legislature in enacdng this chapter to provide an opportunity for each city and county to coordinate i[s local budgetplanning and local planning for federal and state program activities, such as community development, with the local land nse planning process, recognizing that each city and county is required to establish i;s own � ,-. � �.•.;� 28 • 1993 Planning, Zoning, and Development Laws m �� THE PI:ANNING AND 7ANING LAW standards of court review of a general plan or of o[her tocal govemment land use decisio� s The� re �e,dies set forth in this article are interim measures which shall have no application after a general plan has been ievised to substandally comply with state law. (Added by Stats.1984, Ch.1039. See note following Section 65750.) 65763. (a) The pmvisions of this a�ticle apply to all actions, proceedings, and causes of action set forth in this afticle, whether commenced or alleged by lhe filing of a petition, complaint, cross-complaint, complaint in intervention, or otherwise. , (b) Nothing in this article shall be deemed or construed to create any cause of acpon in or to confer standing to sue upon any person, entity, public officer, or agency in the State of Califomia, or any other public officer or agency. (Added by Stats.1984, Ch.1039. See note following Section 65750.) Chapter 4. Zoning Regulations Article 1. General Provisians 65800.Itis thepurpose of this chapter to provide for theadoption andadministration of zoninglaws, ordinances, niles and regulations by coundes and cities, as well as to implement such general plan as may be in effect in any such county or city. Except as provided in Ar[icie 4(commencing with Section 65910) and in Section 65913.1, the Legislature declares that in enacting this chapter it is its intention to provide only a minimum of limitarion in order that coundes and cities may exercise the maximum degree of control over local zoning matters. (Amended by Stats.1984, Ch.1I52.) (Section 65801 repealed by Stats.1984, Ch.1009.) 65802. No pmvisions of this cbde, other than the provisions of this chapter, and no provisions of any other code or statute shall restrict or limit the procedures provided in this chapter by which the legislative body of any county or city enacts, amends, administers, or provides for the administrarion of any zoning law, ordinance, rule or regulation. (Repealed and addeB by Stats.1965, Ch.1880.) 65803. Except as otherwise provided, this chapter shall not apply to a charter city, except to the extent that the same may be adopted by charter or ordinance of the city. (Repealed and added by Stats.1965, Ch.1880; Amended by Stats.1986, Ch.190. E„�'ective June 24; I986.) 65804. It shall be the purpose of this section to implement minimum procedural sfandards for the conddct of city and county zoning hearings. Further, it is the intent of the Legislature that this section provide such standards to insure uniformity of, and public aecess to, zoning and planning hearings while maintaining the maximum control of cities and counties over wning matters. The following procedures shall govem city and wunty zoning hearings: (a) All local city and county zoning agencies shall develop and publish procedurai rules forconductof [heir hearings so that all interested parties shall have advance knowledge of proced�res to be followed. (b) When a matter is contested and a request is made in writing prior to the date of the hearing, all local city and county planning agencies shall insure that a record of all such hearings shall be made and duly preserved, a copy of which shall be available at cosG The city or county may require a deposit from the person making the reyuesG (c) When a planning staff report exists, such report shall be made public prior to or at the beginning of the hearing and shall be a matter of public record. - (d) When any hearing is held, on an application for a change of zone for parcels of at least 10 acres, a staff report wi[h recommendations and the basis for such recommendations shall be included in the record of the hearing. Notwithstanding Secdon 65803, [his section shall apply to chartered cities. (Added by Stats.1971, Ch.1714.) Article 2. Adoption of Regulations 65850. The legislative body of any county or city may, pursuant to this chapter, adopt ordinances that do any .� of the following: (a) Regulate the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic bea�ty, use of natural resources, and other P�ses. Applicability Purpose � Exclusive method Charter cities Minimum standards Regulatioa by ordtnance 1993 Planning, Zoning, and Development Laws • 61 THE PLAfy:�?ING AND ZANLTVG T,AW 1 1�� l.VU1 pW W` ��Z, `�- 1" r'v � I l�L ��ot�/� ,��5 Prezoeing Zoning eonsistertcy �garcral plas Procedun without eo+nmission Hearings for fnconsistency of gerteral plan and. mning ., � Notice to assissor Growth limuatJon o�dtnanct findtngs (e) When an interim ordinance has been adopted, every subsequent ordinance adopted pursuant to this section; covering the whole or a part of the same property, shall automatically terminate and be of no further force or effect upon the termination of the 6rst interim ordinance or any extension of the ordinance as provided in this secdon. (Amended byStats:1982, Ch.1108; Amended by Stats.1984; Ch.1009,•AmendedbyStats:1988,.Ch. I408; Amended by Stats.1992, Ch. 231.) 65859. A city may prezone unincorporated terri[ory adjoiningthe city for thepurposeofdetermining the zoning that wilt apply to such property in the event of subsequent annexation to the.city. The method of accomplishing such prezoning shall be as provided by this chapter for zoning within the city. Such zoning shall become effecdve at the same time that the annexation becomes effective. Pursuantto Section 54790, those cities subject to such pmvision shall complete prezoning proceedings as required by law. If a city has not prezoned territory which is annexed, it may adopt an interim ordinance in accordance with the provisions of Secdon 65858. (Amended by Srats.1980; Ch.1132.) 65860. (a) County or city zbning ordinances shall be consistent with the general plan of the county or city by January 1,1974. A zoning ordinance shall be consistent with a city or county general plan only if:(i) the city or coiu►ty has officially adopted such a plan, and (ii) the various land uses authorized by the ordinance are compau'ble with the objecdves, policies, general land uses, and programs specifiecl in such a plan. (b) Any resident or property owner within a city or a county, as the case may be, may bring an action in the superior court to enforce compliance with the provisions of subdixision (a). �1ny such action oa� proccedings shall be governedby Chapter 2(commencing with Section 1084) of Title i ofPart 3 of the Code of Civil Procerlure. Any action or proeeedings taken pursuant to the provisions of this subdivision shall be taken within 90 days of the enactment of any new zoning ordinance or the amendmentof any ezisting zoning ordinance as to said amendment or amendments. (c) In the event that a zoning ordinance becomes inconsistent with a general plan by reason of amendment to such a plan, or to any element of such a plan, such zoning ordinance shall be amended within a reasonable time so that it is consistentwith the general plan as amended. (d) Notwithstanding Section 65803, this section shall apply in a charter city of 2,000,000 or mae population [o a wning ordinance adopted prior to January i, 1979, which zoning ordinance shall be consis[ent with the general plan of such city by July 1, 1982. - (Amended by Stats. 7979, Ch. 304.) __ 65861. When there is no city planning commission, the legislative body of such city shall do all things required or authorized by this chapter of the city planning commission. ,. - (Added by Stats.1965, Ch.1880.) 65862. Wheninconsistency between the general pla� and zoning arises as a result of adoption.of oramendment to a general plan, or any element thereof, hearings held pursuant to Section 65854 or.65856 for the purpose of bringing zoning into consistency with the general plan; as required by Section 65860, may be held at the same time as hearings held for the purpose of adopting or amending a general plan; or any element thereof. However, the hearing on the general plan amendment may, at the discrerion of the local agency, be concluded prior to any consideration of adop6on of a zoning change. It is the intent of the Legislature, in enacting this section, that local agencies shall, to the extent possible, concurrendy process applicadons for general plan amendments and zoning changes which are needed to permit development so as to expedite processing of such applications. (Repealed and added by Stats.1980; Ch.1I52.) 65863.5. Whenever the zoning covering a property is changed fmm one zone to another or a zoning variance or condiaonal use permit is granted with respect to any property, ihe governing body of the city or covnty shall, within 30 days, nodfy the county assessor of such action. Notwithstanding Section 65803; this section shall apply to charter cities. (Amended by Stats.1980, Ch. 411. Effective July 11,1980.) 65863.6. In carrying out the provisions of this chapter, each county and city shail consider the effect of ordinances adopteclpursuant to this chapter on the housing needs of the region in which the local j�sisdicaon is situated and balance these needs against the public service needs of its residents and available fiscal and environmenfal resources. Any ordinance adopted pursuant to ttus chapter which, by its terms, limits the number of housing units which may be constructed on an annual basis shall contain findings as to the public health, safety, and welfare of the city or county to be promoted by the adopfion of the ordinance which justify reducing the housing opportunities of the region. (Amended by Stats.1981, Ch. 714.) �� .� 68 • 1993 Planning, Zoning, and Development Laws - 25.04.060 opinion . of the council, after detem�ination and " recommendation by the commission, not obnoxious or �� detrimental to the_ welfare of. the community. (1941 -�� Code § 1920 (part), added by Ord. 539; January 4, 1954, and amended by Ord. 762; September 17, .. 1962). 25.04.070 Uses limited to those permitted. . Excepting as suthorized in this title, no premises may be used, occupied or maintained, and no build- ing o; improvement or premises.shall be, or shall be permitted to be, designed, arranged, intended, used, occupied, constructed, established, maintained, , altered or enlarged for any putpose other than for the . uses permitted by tkus title in the district in wluch it is located: Uses not listed as permitted or conditional shall be prohibited. Specification of prohibited uses in any district shall be for illustration, example or emphasis only, and shall not be interpreted or under- stood as allowing uses neither permitted or ezpressly prohibited. (1941 Code § 1920, added by Ord. 539; January 4, 1954, and amended by Ord. 762; Septem- ber 17; 1962 and Ord. 1403 § 6; February 5, 1990). %Q 25.04.080 Consistency with general or speciFc plans and CEQA. Approval of a zoning, rezoning, variance or use �permit pursuant to this title shall be based on a finding that the approval is consistentwith the general plan and applicable spe.cific plan adopted by the city council. Applications for a zoning, rezoning, variance or use permit shall be denied if found to be inconsis- tent with the general plan or applicable specific plan. Prior to taking action on any application, the approv- ing authority, i.e., planning commission or-city council, shall review the environmental status of the project for which the application is being made. Unless the project is categorically ezempt or received a negative declaration, the approving authority shall have certified the environmental impact report as complete and adequate before action on the applica- tion. (Ord. 1229 § 1; July 19, 1982). �� 362 - 2 . 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SP.R.H.� rory• �.—O . i �28 ' ^ ` BROADWAY COMMERCIAL AREA l � V'} , :w!:�= f m City of Burlingame C6apter 25,36 Planning Department 501 Primrose Road (415) 696-7250 Burlingame, Ca. 94010 C-1 DISTRICT REGULATIONS 25.36.010 Scope of regulaiious, 25.36.020 ' Permifted uses. ` 25.36.030 Conditional uses requiring a sPecial P��- . 25.36.031 Pecmif�ed uses in Burlingame Ave- nue Commereial Area. 25.36.032 Conditional use.s in the Burlingame Avenue commercial area. 25.36.033 Nonconforniing uses in Barlingame Avenue oommercial area. 25.36.034 ProhibiEed uses in Broadway'oom- mereial area. 25.36.035 Addi6onal condi6onal uses in cer- tain areas. 25.36.036 Grocesy, drug and depar6ment stores. 25.36.038 Food establistunents in the Broad- way commercial area and Burlingame Avenae commercial area, subarea A. 25.36.040 Prohibited uses. 25.36.050 Ambiguity of use. 25.36.060 Building regulafions. 25.36.070 Height and bulk of buiIdings. 25.36.010 Soope of regulafions. The following regulations of this chapter shall apply to all C-1 districts. (1941 Code § 1930 (part), added by Ord. 539; January 4, 1954). 25.36.020 Perntiited uses. The following uses are permitted in the C-1 districts: 1. Advertising stiuctures, where such structures are a componeut part of a building and used �for advertising the business therein; . 2. Anfique shop; 3.. Automobile sales room; but excluding service facilities; 4. Barbershop; 5. Business office or agency; 6. Cleaning and dyeing agency; 7. Creamery, but excluding bottling or manufao- hu�e of daicy products; 8. Dancing academy; 9. Dressmaldng, tailoring, but ezcluding whol� sale manufacturing; 10. Electrical appliances, fixtures, radio, etc.; 11. Hotel; 12. Pet shop, but excluding breeding pens, JuLY 1992 boarding or kennels; 13: Offices : except health services, financial instid�tions : arid real.-estate; . provided that health services sball be permitted ia the Gl •portion of those blocks bounded by EI Camino Real; Murchison Drive, California Drive and Dufferin iAvenue; 14. Public eating establishments; � 15. Shoe repair shop; " 16. Store or shop for the conduct of any retail business as othervvise herein provided; . ' 17: Wasliing machine rental service, but exclud- � ing laundries; - 18. Uses customarily incidental to the above uses, amd accessory buildings when located on the same lot; provided, that there shall be no maanfactur- ing, assembling, compounding, sP�Y�g� p��g or treatment of pi+oducts other thaa that which is clearly incidental and esseutial to a store or business and where all products therefrom are sold on the premises. (1941 Code § 1930 (A), added by Ord. 539; January 4, 1954, and amended by Ord_ 1058 § l; January 5, 1976, Ord. 1184 § 1; July 7, 1980, Ord. 1229 § 2; July 19, 1982, Ord. 1403 §� 7, 8; February 5, 1990, Ord. 1418 § 1; August 2A, 1990 and Ord. 1426 § 5; November 5, 1990). � 25.36.030 Condiiional uses requiring a special permi� The following are conditional uses requiring a special p�rmit: 1. All permitted uses and all uses allowed with a conditional use permit in the R district, and aubject to the same regulations and restrictions applying to those uses in their respective districts, and subject to the building restrictions prescribed in Sections 25.36.060 and 25.04.080; . 2. Public garages; 3. Gasoline service stations, subject to regula- tions prescribed in Chapter 25.74; 4. Transportation terminal, depot, station ticket -offices and any building or stcucture used for the accommodation of passeugers; 5. Parking lots, subject to the regulations pre- scribed herein; 6. MorEuaries; 7. Financial institutions; 8. Dry cleaning pmcessing plants; 9. Other uses similaz in character to those enumerated in this section which will not be obnoz- ious or detrimental to the neighborhood in which they are located; 10. Any structure that is more than thirty-five feet in height; i l. G2 uses in the block describecl in Section 362 - 35 - 25.36.050 mendation to`the city council by resolution of record,: ` setting forth its findirigsrand masons for �uch;class�fi�:;; ,� cation..(1941 Code � 1930 (D),'added by Oid.'S39•. r January 4, 1954). ;' , °•='� ,:...._ ,:.:.. -:> :l..: <.- : � 25.36.060 . Build'ing regulahons:f -� 1: Only one building des�gned or used solely as". a residence for one'or more families shall be located,' ' erected or mainf.ained on one lo� 2. All building `regiilaiions, _:restriciions� aad limitations ieIating�to dwelling;units in R:districts,: . shall apply to dwelling units in C districfs,- except`as` provided in this chapter. , � . ' 3. Iri a building designed to be used, `or.usecl, for commetcial purposes in a portion of w3uch a dwelling for iesideuce of one or more families is located on . the same story as the commercially used portion; the following regulations shall apply: . " (a) 'Iiie area and average width of the lot stiall be .. the same as provided in R districts; , _ (b) That portion designed to be used;.or used, as a dwelli�g -or residence shall be subject to the setback requirements and lot coverage requirements as provided in Chaptei 25.28 of tiiis code: ". 4. In a building designed to be i�secl; or used, Por . commercial pucposes, and in a portion of wluch a"-. dwelling for one or moie families is located in another story than that portion used commercially, the following regulations shall apply: (a) The "area and average width of tfie, lot on .. which such building is located`shall be-the:'same as, ; provided in R districts, �anii the area of that portibn designed to be used, � a�a�ce or aWe�g �u be no greater than the area which would ba permitted'' in the'event sach`portionwere located oa the ground � floor or story of such building; (b) That pbrtion designed to be used, or used, as a dwelling or resideuce shall be subject _to the setback requirements and lot coverage. requiremeuts ; _ : as provided in'Chapter 25.'32 of this'code; ' ".. .(c) That portion used; or d"esigned to be'used, for ' comme�ial purposes mast conform to all ordinances of the`building code or`others' relating` to fire .br '� health piotection: (1941 Code § 1930 (�;'added by. ' Ord. 539; January 4, 1954,'amended by''Orcl.` 1460 �` ` § 2 (part); May 18, 1992.) 25.36.070 Height and bulk of 6uildings. _ Every buildinghereafter construoted; reconstrdct-: ed or relocated upon any lot or lots'in a Gl'district' shall not exceed a height determined`by its relation to ; the area of tha lot or lots upon which the building is " located in the ratio of three square feet of building to one square foot of land. (F.AR = 3.0). (1941 Code § 1930{�, added:by;Ord..539,.Ianuary�•4; 1954;.�nd�. ameaded by Oc�il. 1025:.§, 7� .Decembe��16,' 1974).:s f, ° 362 - 38_ " � JvLY 1992 N � ��% P� 0� � �� LoGAT ��l�l 01� WoR1<, 112$ CN�C�'1.�4 V/S�,T�-��_._- ��y ��2�N�is�o \ S- A N _� ---_/,a � �`� � `� i� �� :� � � � &�l I �L, !. S$ fi at�l y.?�� .�`i �I �`� \ —��_' � — . := � �a; ;�\ � a ,. CITY OF BURLINGAME SAN MATEO COUHTY CALIFORNIA ac�srn: •� 11 — 8 - I989 � cnarHic sw.e , , � ,� � � REZONING REOUEST C-1 TO R-3 AT 1128 CHULA VISTA AVE. EXHIBIT 1 � FORN/A n+� � SAN MATEO OR. � }J62 25 W �I 64' � A5.4'1G' 50' /� lio' 40' So' - - 50� 30' 20 10 40' 5o So' y I�5 �� 30 O lO O O 29 �' 27 // lO � � � � � "_� I � PARC�L A � � � � =' i � — j - Lt� , I 2 6� 7 8 9 /0 �/'� �o /2 Q / � `^ � 5 3 / � 5l.BOG' I Sa' I a 50' _ So� I�0. �� So. o m �. � °1 58.39G' 50' 5a' 10 Ao' So' " " - 5o u, 0 50 � � ... , I 23 22 � 2/ 0 /9 /8 /7 /6 /5 /4 /3 28 �;7 m..�, i�_1 1128 � r:-'�, R-� ��-3- .� � C j� i f� - i C- � � p_ � ��__._ _ - lO 2/ � O /. /8 /7 /6 /5 O /3 /2 25 7o.22G' 50' 50 l0 40' So' - - - So 50 C � ! . � CHULA V/STA- --�: �s � •a � u�z'z5w '�l - 3DOG 50" '" _. 25' �25' So' .. .. .. .. .. .. .. ., r� >p � � I O.�I �I I Z6 � O O O O 'O O � � O� O I i�� N i � i. � � � ) -� �;�� 2�•�,� �W I 4� 5 6 7 8 9 /0 // o. I2 � io a / ' � 3 a3 ' g t i" I � �/3 '" � Q iu � 50.. 25. 5• 50' I.7G . � '`'a � r � So' � h 3830�' So' . .. .. .. . . , _ .. ya N go m j: �;� I 25 2d 23 22 2/ 20 /9 /B /7 /6 /5 /4 N �7 � �I ,.. � _ -� - - - `� O 2! 20 /9 /8 /7 /6 /5 /4 /3 /2 // � O 50.22G' 50' - � So' � 5�' � LAGUNA "� W N 62 25 W - 55.G5' � 4435' i 49' , 50' .. .. . .. .. - 50' � 40' 10 . 50� � 50' � � i ��.�� 'i.,zO O O O O O O�o �� z Q O ,00 .... �N , � � v = N O J00 � „I � �� I 3. � 4 5 6 7 8 9 /0 // l2 �/3 / b • � 3� O � h .•I7.46' ..2' I � � G7.48' �z.52 �' �` � 4E So �^ 7 �' 50' 40' 10 50' ^ Q 5° M � _ -- REZONING REQUEST -- ----___---- -- — — __ � � �� C-1 TO R-3 AT �;'>� EXfiIBI'Z' 2 „ � 112 8 CHULA VISTA AVE . �� _ __ ,_ _ ____ . � - � ^i � . �� . � � ��) � �s"r� _ "� �� z� - �, � 11 � 5—� l i� 1<30 = � _= i l��} 112C� , CNuL�I -.- - 1%�sT� AdcN�E :� r - � �� ; 1/�3 i��7 tr�.; �i�q W �i� "''m_� .. ,�� Ilo'-� . � � '� _ � � �_ �� pg W+ �'.. ,.. L a.��. �' �. '� . . � y '. "� � .` `9 � �� . a ��.�3 P, .:� �� . . . . . �; �a"� 4 � � � Q � ��.;� �..,,.� �� _ �� ,;� . �- _ � 3 - fl �' z `� �� - „ � . �.�� _�: � �_ � - �� R � � y x: � � � .� M� �� : �� 3 �� ` :� � l'+� � � r � � �_ � �� , � �a �� . `�� _ , . , _ �� t. _ ��_ � , . , �, � �: - � � � �, a � : �9€=- -. � � � � _ � _ �"� �= � ; ��_' ., - = �E � i,�� . � ,�is �` � � � x �' � � 't , �- y� � � � � ��`�a � . s �" = 4 � �' �� 9 � � � - :�, — ��? . . � . . . � �� :g � . -r -�. � , � � . � � �� S ` , re y E � ,�� ; r. � > _, : .-- ' ,:� ��,L.�r- Y�flc� t ' .. �� _ ` y_.� _ 'S '�� _ � � �n�. � - �. ... � r� � .� _ - l� �, r�, � � ta � �� ,= � . � _ c#-F � : �� 3 �: � a ��i � _ � � t' f . ' �� a�� - f: � � �� . �� _r �'��`4 '` a `,h � i � 'v . �, ��i�'` � � .�� si�� ,t � � � � S � ` � . - . ��r >t .� i_ � . � � +_.�� "f- -� -�' � �`-,� � � ,__ . .a, ' • � . � ; . ,� _ I C'� "" .. - .. � _ � _,�.� Ery . _ � . . . � -:" � . . . , . . . ' -_.:- _vs,,. ' -„ � �� ° . . .. �< ��r _`.,' , L.AC��,I l�1 1�1�J I'stJV E ` ,3:. - ; -. �,- � � �� >��F a� �� F � � � �� ,�� ._ _;� :;� " f _ � � �� j' � . , �. ; : >.; .'_¢� ' �, ��, �,�; s � ; : ,F . � � � �.�� . ,Q.. �� S �gL� -. � ��. y �` � � � �� ., � g s� s � ; � _� � �� i t �� ; � 1 �'M, r . ,s t � �'s_ g � `�� v G `Sa� ' .� t. , ni `;il�":.' _ _ , _ � �,. _ a¢ml� � �,IGu • . - z � _ ' `� . � -, �'��p ,' .t . -�. ' �: .. �. ' , ._.. � a.; � t i � - � ' �' s_ s � ;y`'F ` ; � � ,� �'�' x.� � �A ��S- � L�� i'9_ �� - �r... . � @� � � x � � � � _ - . . . � � �` .;�� , ' , . �` }''.�� '�d l . � '_-'�` �� 4K,-�I � � 7 ��g� ' . , , _ . ,� _n - � �'�;:`R��t . _ `'�+! , 1 i � i GENERAL PLAN GOALS 1. GOAL: To assure that Burlingame will continue to be a"well-rounded" ` citY with residences, schools, business, industry, and space and facilities for social, recreationai and cuitural activities. Implementing Objectives a. Maintain or increase the variety in_ uses of land in the City. b. Maintain a variety of sites differing in size and location suitable for a wide range of activities. c. Encourage assembly of small lots in suitable locations to provide larger sites fior apartments, office buildings, and commercial enterprises. d. Encourage the establishment of businesses, professional offices and institutions to serve residents. e. Keep codes and standards free of arbitrary or obsolete provisions that would tend to inhibit construction of sound buildings in suitable locations to house a variety of uses. f. Provide far and accommodate a range of types of transportation facilities, public and private, to meet the div�rse needs of the various segments of the population and business enterprises. g. Provide a wide range of public facilities and services (parks, cultural facilities, utilities, schools, etc. to serve residents a�d business enterprises. 2. �GOAL: To maintain and enhance the identity of the City and encourage a maximum sense of identification by residents with the City. Implementing Objectives a. Maintain and enhance rational relationships among functional parts of the City (residential areas, business districts, industrial areas, public areas, transportation, etc.). b. Provide improved connections (vehicular and pedestrian) for portions of City now isolated by barriers, e.g., railroads, free��ays. c. Establish a pattern of dominance and subordination in important . visual features; create harmony with diversity. d. Create distinctive visual qualities - a Burlingame image (analyze existing visual qualities and build on the best of these). ' e. Develop identifying features at entrances to the community and at focal points; encourage construction of buildings adequate in scale and height to provide identifying elements. 3 , „ , , � f. Use trees of appropriate size and character as a design framework to enhance a s�nse of identity. � g. Use "street furniture" distinctive in design and color. 3. GOAL: To maintain and strengthen local sources of revenue to enable the City to continue to provide services and facilities at present dr improved levels without increasing local tax rates. I�lementing Objectives a. Maintain reasonable balance between those land uses providing - high tax revenue and low service costs, and those uses with high service costs and low revenue yield. b. Require quality and permanence in site improvements and land development projects to minimize depreciation. c. Require forward-looking design to minimize obsolescence. d. Encourage sound construction and good maintenance for all buildings. e. Enhance land values and economic opportunity by providing efficient connecGions between functional parts of the City and good access to land to permit development of uses appropriate in type and intensity without undue congestion. 4. GOAL: To maintain and improve the quality of the environment to preserve the public health and enhance the prospects for enjoyment by residents and visitors. Implementing Objectives a. Insure levels of air quality compatible with the preservation of public health, including prevention of irritation to the senses, interference with visibility, and damage to vegetation. b. Maintain and improve the quality of water in San Francisco Bay and in the streams flowing through the City. c. Maintain the pleasant appearance prevailing in most of the City's residential areas and improve the visual quality in areas of less satisfactory appearance. d. Improve the visual quality of commercial and industrial areas with particular attention to the Central Eusiness District, Broadway, and the industrial areas viewed from major highways. �e. Protect the citizens of the community aqainst excessive noise. f. As:,ure opportunities for privacy in places of residence, work, and business, and for leisure pursuits. 4 , g. Provide or encourage the provision of places of ineetin for social and cultural interchange.and the pursuit of group , objectives. 5. GOAL: To enhance the local economy and the prospects for economic well being for all residents. Implementing Objectives a. Take full advantage of Burlingame's strategic location, close to the regional center of the San Francisco Bay Area, adjacent to the International Airport, and on the major traffic routes linking San Francisco with other parts of the State. b. Improve the functional efficiency and safety of the circulation s stem. c. Minimize disruptive effects of vehicular movement on the community (noise, air pollution, vibration, glare, congestion). d. Improve the functional efficiency, character and quality of the Central and other business districts. h. Provide an effective transition between retail co�mercial and residential uses to strengthen the residential character of the city. 6• Encourage mixed commercial uses to provide a transition between districts fully coimnercial -or residential and to provide housing opportunities for those dependent on transit and desiring a pedestrian oriented living environment. e 5 , ,� 1. LAND USE ELEMENT LAND USE ELEMENT RESIDENTIAL The land use element describes categories of uses, indicates proposed land use relationships and indicates proposed land use relationships and identifies in.general terms actions needed to achieve community goals. For the purposes of this plan land uses are grouped in the following major categories: Residential Uses, Institutions, Parks, Commercial Uses, Industrial Uses, and Circulation. Each of these categories is discussed under a separate heading in subsequent sections. These categories and sub-categories are shown on the ptan diagram which portrays �eneral relationships between the various uses of land and between land uses and circulation facilities. The diagram is not�intended to indicate exact boundaries or extent of the areas. In some instances it may be appropriate for certain types of use areas to overlap so that uses of different categories actually interpenetrate. This would be true of office, shopping and service uses, and high density residential uses when buildings and sites are appropriately designed. Residential Uses Four categories of residential densities with the followin� ranges of dwelling units per net residential acre are included and shown on the plan diagram: low density up to 8 dwelling uni:s per acre; medium density 9 to 20; medium.high density 21 to 50; and high density over 50 dwelling units per acre. An area northwest of the Burlingame Avenue-Park Road shopping center is designated for high density residential uses in recognition of its special locational advantages. It has good access to all forms of transportation and proximity to the major downtown area in Burlingame. The dominant building type envisaged for this area is multi-story apartment buildings. Areas for medium high density residential uses are designated around the periphery of the Burlingame Avenue-Park Road center, around the Broadway shopping center, and as a part of the complex of activities in the Burlingame Plaza area. In addition, the frontage along most of .El Camino Real is included in this category. The medium high density residential areas in many instances provide a transition between higher intensity uses and adjoining lower intensity uses. The typical building type contemplated for the medium high density area is the two to three story apartment building but higher buildings would also be appropriate. N�edium density areas shown an the plan diagram would be occupied in the main . by duplexes and one and two story garden apartment developments. Low density areas with singfe-family detached residences, occupy the remainder of the City. For the most part existing low density residential areas are well maintained and of good quality, requiring only that present zoning be maintained to e;isure protection for the useful life of the dwellings (20, 30 or more years). � LAND USE ELEMENT COMMERCIAL � ; In addition, to augment the small sites of many of the existing ! neighborhood parks and elementa ry schools, acquisition of adjoining lots is recommended whenever such become available. In some instances r street closings of very short sections of streets could be used to t augment existing sites or to link schools and parks together.. In some instances such closings would increase traffic safety in, addition to � providing very much needed park space. Commercial Uses Three complexes of commercial uses are included in this plan: the Burlingame ` Plaza Area, the Broadway center, and the Burlingame Avenue-Park Road center. In these centers of commercial activity three general categories of commercial � uses are shown on the plan diagram: Shopping and Service, Service and Special Sales, and Office Use. In addition to the commercial uses in these three centers of activity an additional category of commercial use, Waterfront- r Commercial, is indicated along most of the waterfront area. ( Burlinqame Plaza Area. This area includes outlets providing convenience goods and consumer services to local residents and workers; the Peninsula Hospital and medical offices; and_other professional-administrative offices. No changes are recommended in the pattern of uses presently established. The visual quality of the shopping center should be improved and the parking area serving the shopping center needs redesign and tree planting to improve functional efficiency and appearance. Broadway Center. Outlets in this center now provide convenience goods _ and consumer services for residents in the general vicinity. Althoi�gh many of the businesses here are well established and apparently successful enterprises, better circulation, more parking, and better urban design would enhance this center. Separation of vehicular and pedestrian circulation and reduction of through-traffic on Broadway is needed. Recommendations for improving the traffic curculation pattern are presented in the Circulation Element. These include a grade separation for the railroad tracks and improvement of the Broadway-Bayshore Freeway interchange to relieve traffic congestion at that point. Consideration should be given to creating a pedestrian precinct on Broadway in the section between Laguna Avenue and Capuchino Avenue. Additional off-street parking should be provided to the rear of present business outlets fronting on Broadway witn access to such lots from the ne�-� streets indicated on the plan diagram. F,n urban design plan should be developed � for this center to provide more detailed guidance for future changes. Burlingan,e Avenue-Park Road Center. This center includes outlets providing a wide range of consumer goods and services for Burlingame residents and residents of adjoining communities. It also includes business service establishments, business and professional offices, civic buildings, and some residential uses. The following organization of uses within the center is recommended: shopping gaods outlets should, in the main, be located along •Burlingame Avenue and Park Road,in a pedestrian precinct; convenience goods stores, restaurants, and consumer service outlets should not occupy ground level street frontage space in the heart of.the center but should be in more peripheral locations; the frontage of the west side 12 , , yv t • MEMORANDUM TO: PLANNING DEPARTMENT FROM: CITY ENGINEER DATE: APRIL 19, 1994 RE: CONDOMINIUM PERMIT FOR 4 UNITS, TENTATIVE CONDOMINIUM MAP AND TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION PURPOSE - RESUBDIVISION OF LOTS 20, BLOCK 1, MAP OF 1128 CHULA VISTA AVENUE - EASTON ADDITION NO. 1, PM 94-2 CONDOMINIUM PERMIT I have the following comments which need to be addressed prior to any action. I GENERAL• 1. All utilities to this site must be installed underground. Any transformers needed for this site must be installed underground or behind the front setback on this site. 2. Indicate that new curb, gutter and sidewalk fronting this site shall be designed by a civil engineer, approved by the City Engineer, and installed by this development. II SITE AND LANDSCAPE PLANS: 1. All irrigation systems and planting shall follow City's water conservation guidelines. III PARKING• 1. Show at-grade parking slab elevations. Maximum slope in any parking space is 5%. Show drainage pattern. 2. Dimension the structural columns and dimensions with respect to parking stalls. Columns that are on the side of parking spaces are to be clear of vehicle's side door access and should be at least two feet (2') clear of the rear of the stalls to facilitate maneuvering. 3. Show callbox/intercom system to all units from driveway in front of security gate and at the top of the driveway so guests may have access to guest parking spaces. If no gate is planned, install conduit to all units so that if gate is installed in the future, the system may be easily installed. 1 IV ARCHITECTURAL PLANS: 1. Show design of trashroom and indicate size of receptacles, including receptacles for recycling. Confirm sizes needed with BFI. 2. Individual unit climate controls as well as separate shutoffs for gas, electric and water are required. Donald T. Chang,�.E. Assoc. Civil Eng eeY c: Owner, Architect F:1WP51\FII.FS\CONDOMAP.RV W (REVLSED 2/28/94) 2 �, DATE: ROUI�TG FORM . 3.2� 9¢ TO: CITY ENGINEER CHIEF BUILDING INBPECTOR � cFIRE MARSHAL PARRS DIRECTOR • CITY ATTORNEY FROM: CITY PLANNER/ZONING TECHNICIAN SUBJECT : REQUEST �OR �f- lj�{� l ] G'��JQ% ��J/ � � ,� � ., � L,' . .. _� _ _ /. i . - � � �'/ AT _ I I�Z ��/" l�! GI !� � S�� SCHEDULED PLANNING COMMISSION ACTION MEETING: REVIEWED BY STAFF IN MEETING ON MONDAY: �' 2�'��- THANKS, Jane heri eah �Sf pY'�C� �� i � f�lo � � � ��i �e v�� / .S�/% �'T � C� �� : Date of Comments l,�.>�O l��/�c�t �e.� , � �r�i�- ov��- J � �,�Ui,L�S�t�� Ivl��i �� `�QL�I�P`� �i iT�i- i'�J ��i Ic� �l�L� �P�.� ��.;��lSTe��. � ��l N� ��c..�{ZS N1,u ��-a � f�'Latv' l�l2r�� a�5�i I`�N F�i��IG��1(�� C,� c`� `1� v'�-c... �T�� tjt�1 �, C��:;� _�:� ��, . Pi i',=; �=11� �c:�l.0 :_.;:' � . 'y'��. �� -� _ j 1�;� �.�� z �� r;t:� 3 '�?� ,� t�.. , ��{� vl 6�r5 � RO�JTING FORM ' �-�1,� 1�:�w�,ti� C��n�� DATE: �' - f,� J�� Y-��U T�L� e'l�Nl CC-ri��1S� � I��a � i3� � �,1..� P.�.�u�„�.� T0: CITY ENGTNEER CHIEF BIIILDING IiTBPECTOR �� "�""".�•g..-��ry �"wC� FIRE MARSHAL "��/l�l�j �5�2�/vYv t,C.,l.l_f�.�r � CITYSATTORNEYR j`�11� `i�lit-�'�'�-: C.%` L�j �� _ FROM: CITY PLANNER/ZONING TECHNICIAN � _�� (� � � SUBJECT: REQIIEST FOR i I �'IlWI ` �(�'�j� � - ��'h�fi?l'1.�� " �Q `'11°- AT ��.-� o� ��-� i"c�. �� m � SCHEDULED PLANNING COMMISSION ACTIOPi MEETING: REVIEWED BY STAFF IN MEETING ON MONDAY: T�rrxs , Jane/Sher'/Leah` �-��-� Date of Comments � �� ,�,��,�`� �dG�� v� 1� I GV r � l (� �G4 t!'� �- �' /Gt�'�� lv� t/ J��j`iC3 �v5 d�U � -e: � �-��v c� rr�.`ti,q�� l �' �.�'—_._�-o�.ti �----� � � � . ,�i� . ��1._� '_ �r�oot�GSf ��ot� 0.h-2_ �e��% �r �f-lVc�7� �l�S j��- �c.',-� � n.��a.c�� O y�� eCo�.r� �� G� w� tlehi �-t��s �ti � ��,�-c �4 �- a-� �y w°, �! � � - �.a�l�� j�- �'�z�-�- (�j�� . l,U �- � s ��s� ��,Q l�,�c.� .t./�`� 1�1/d �" � �i.il''!' t G U iG+.r /, '�j� - VCL. I�I,I,G� lo CP S R2-G <`�� 1 / � �v � C( �Q �.a� o-ess�� , � eti '�� co,Us fir�. �,��v �cu�e�.� a�e 5'�c�� f�- . y � 1 l Y CITY OF BURLINGAME M 501 PRIMROSE ROAD BURLINGAME, CA 94010 (415) 696-7250 � NOTICE OF HEARING The CITY OF BURLINGAME PLANNING COMMISSION announces the following public hearing on MONDAY, THE 13TH DAY OF JUNE, 1994 at 7:30 P.M. in the City Hall Council Chambers located at 501 Primrose Road, Burlingame, California. A copy of the application and plans may be reviewed prior to the meeting at the Planning Division at 501 Primrose Road, Burlingame, California. 1128 CHULA VISTA AVENUE APN: 026-191-190 APPLICATION FOR A NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT, REZONING� RESIDENTIAL CONDOMINIUM PERMIT AND TENTATIVE MAP FOR A FOUR UNIT RESIDENTIAL DEVELOPMENT AT 1128 CHULA VISTA, ZONED C-1, BROADWAY COMMERCIAL DISTRICT If you challenge the subject application(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in the notice or in written correspondence delivered to the City at or prior to the public hearing. Please note, when possible, and when multiple family or commercial development is involved, this notice shall be posted in a public place on the project site and on neighboring buildings with tenants. MARGARET MONROE CITY PLANNER JUNE 3, 1994 .� r, � TO DATE: �, CITY �� O� AGENDA BURLINGAME �TEM tt ��; r;. STAFF REPORT pATE 7/5/94 HONORABLE MAYOR AND CITY COUNCIL SUBMITTED �n�n,�,^ �M� June 27, 1994 , eY P� I�1��(/ u�� i� CITY PLANNER APPROVED FROM: BY NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT, REZONING, RESIDENTIAL sue�ECT:CONDOMINIUM PERMIT� AND TENTATIVE MAP FOR A 4 UNIT RESIDENTIAL CONDOMINIUM AT 1128 CAULA VISTA AVENUE, ZONED C-1 BROADWAY COMMERCIAL AREA RECOMMENDATION: City Council should hold a public hearing and take action. One public hearing can include all the items requested. Each action should include findings or statement of the reasons for the action. Actions should be in the following order: l. Action on the Negative Declaration (ND 471-P) with findings. (Finding requirements at the end of the staff report.) 2. Action on the General Plan Amendment by resolution with a statement of the reasons the change is consistent with the city's policy for the Broadway Commercial Area and adjacent medium high density residential area. 3. Introduction of an ordinance to change the zoning designation for 1128 Chula Vista Avenue from C-1 to R-3:and a finding of consistency with the General Plan. 4. P,ction on a condominium permit for a 4 unit residential condominium project by resolution with conditions. Action should include statement finding consistency with criteria for condominium development. (Criteria at the end of the staff report.) 5. Action on the Tentative Map. Action should include findings for consistency with criteria in Map Act. Conditions on the residential condominium recommended by the Planning Commission in their action: 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; � l � 7/5/94 NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT, REZONING, RESIDENTIAL CONDOMINIUM PERMIT, AND TENTATIVE MAP FOR A 4 UNIT RESIDENTIAL CONDOMINIUM AT 1128 CHULA VISTA AVENUE, ZONED C-1 BROADWAY COMMERCIAL AREA page -2- 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. Planning Commission Action At their meeting on June 13, 1994 the Planning Commission held a public hearing and acted on the five requests recommending to the City Council approval of the negative declaration based on the information in the initial study and the testimony at their hearing finding that there was no significant effect for the general plan amendment, rezoning, or 4 unit residential condominium permit. They also recommended approval of the change in the General Plan land use designation from sales and service commercial to medium high density residential and a rezoning from C-1 Broadway Commercial Area to R-3 Multiple Family Residential based on the supporting documentation in the planning commission staff report and because it is necessary to have consistency between the General Plan land use designation and zoning on a property. The vote of approval on the first three actions was 5-0-2 (Crs. Ellis and Kelly absent.) Subsequently the commission voted 5-0-2 (Crs. Ellis and Kelly absent) to approve a motion granting a condominium permit with conditions for the 4 unit residential project. Finally the commission recommended the tentative map to the city council for approval action on a 5-0-2 vote (Crs. Ellis and Kelly absent). BACKGROUND: Paul Gumbinger, architect, representing Boreal/Poplar Developments, is asking to build a four unit all residential condominium project at 1128 r t 7/5/94 NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT, REZONING, RESIDENTIAL CONDOMINIUM PERMIT, AND TENTATIVE MAP FOR A 4 UNIT RESIDENTIAL CONDOMINIUM AT 1128 CHULA VISTA AVENUE, ZONED C-1 BROADWAY COMMERCIAL AREA page -3- Chula Vista Avenue, zoned C-1 Broadway Commercial Area. The project includes four two bedroom, two bath 1,193 to 1,301 SF, two story residential units over eight parking spaces. Each unit has 76 SF of private open space ( 75 SF minimum required). Common open space is provided at the rear in a 750 SF area (400 SF required), all of which is in soft landscaping. Sixty-two percent of the front yard is landscaped where 60% is required. The structure is 32'-0" tall where 35'-0" is the maximum height allowed. All other requirements of the zoning and condominium guidelines have been met. Previous projects proposed on this site have include commercial uses on the first floor with residential above so that they could add residential uses with the Broadway Commercial land use designation and commercial zoning. These projects were not approved. The last proposal was denied without prejudice. The applicant undertook studies and determined that the most viable project on the site was all residential. A project without any commercial use does not comply with the requirements of the general plan for the Broadway Center as they now stand. Since the site is immediately adjacent to the area zoned R-3 and designated medium high residential and the most viable use is residential, the property owner decided to request a change in the zoning and general plan designation in order to build a project with the greatest chance of successful completion. The map (Exhibit 1) shows the property at 1128 Chula vista Avenue as the last `commercially zoned parcel on the south side of the Broadway Commercial Area (called Broadway Center in the General Plan). The properties to the south are zoned R-3 and designated medium high density residential (9-20 dwelling unit/acre) on the general plari land use map. In order to proceed with the project the applicant must change the land use designation and zoning of 1128 Chula Vista from sales and service commercial/C-1 to medium high density residential/R-3. The rezoning is necessary along with the General Plan amendment because the land use and zoning are required to be consistent (See City Planners Memo May 31, 1994 Requirement of Rezoning). The medium high density land use designation calls for two to three story apartment buildings. The proposed project is compatible with those guidelines and helps to maintain the buffer zone between the commercial uses and the lower density residential areas to the south of the block zoned R-3. The change to residential zoning and use is consistent with the commercial portion of the land use element. The rezoning of a single lot, immediately adjacent, will not change the intent of the commercial land use policy for the Broadway Center and it will not interfere with existing circulation patterns or access to consumer goods and services. The proposed residential condominium will not increase parking impacts along Broadway because the project provides its own pa�king on site to required code dimensions: 7/5/94 NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT, REZONING, RESIDENTIAL CONDOMINIUM PERMIT, AND TENTATIVE MAP FOR A 4 UNIT RESIDENTIAL CONDOMINIUM AT 1128 CHULA VISTA AVENUE, ZONED C-1 BROADWAY COMMERCIAL AREA page -4- Negative Declaration Negative Declaration ND-471 addresses the General Plan amendment, rezoning from C-1 to R-3, and the 4 residential unit condominium project. It notes, based on the initial study, that the proposed in fill development, including the general plan and zoning changes necessary to implement it, will not create any hazardous effects on the existing neighborhood or surrounding environment. Because the project is infill all utilities necessary are adequately sized to serve the projects requirements. ATTACHMENTS: Action Alternatives Planning Commission Minutes June Planning Commission Staff Report, Tentative Map Staff Report Notice of Public Hearing Resolution Negative Declaration Condominium Permit Ordinance for Rezoning with map, 13, 1994 June 13,1994 with attachments. ND-471, General Plan Amendment, and introduction 1128CHI.&.594 � I � .� r ' . 111-- `6 � - . ACTION A.LTERNATIVES �a City Council may vote in favor of an applicant's request. If the action is a variance, use permit, hillside area construction permit, fence exception or sign exception, the Council must make the findings as required by the code, Findings must be particular to the given property and request. Actions on use permits should be by reso�ution. A majority of the council members seated during the public hearing must agree in- order to pass an affirmative motion. �. City Council may deny an applicant's request. The reasons for denial should be clearly stated for the record. 3o City Council may deny a request without prejudice. This action should be used when the application made to the City council is not the same as that heard by the Planning Commission; when a Planning Commission action has been justifiably, with clear direction, denied without prejudice; or when the propos_ed project raises questions or issues on which the Council _would like additional information or additional design work before acting on a project. Direction about additional information required to be given to staff, applicant and Planning Commission should be made very clear. Council should also direct whether any subsequent hearing should be before the Co.uncil or the Planning Commission. FINDINGS FOR A NEGATIVE DECLARATION FINDINGS Prior to acting on a project the (Planning Commission/City Council) must approve the Negative Declaration, finding that on the basis of the Initial Study and any comments receivecl there is no substantial evidence that the project will have a significant (negative) effect on the environment. CRITERIA FOR PERMITTING A RESIDENTIAL CONDOMINIIIM The criteria for permitting a residential condominium are based on three City council actions: P.C. Resolution 7-79 addressing open space requirements, P.C. Resolution 5-80 with findings addressing development standards, and Ordinance 1015 establishing condominium subdivision regulations. The intent of these actions are outlined as follows: a) a new condominium project shall conform to all applicable zoning regulations and General Plan densities; b) review of a condominium shall include i�ts effect on sound community planning, the economic, ecological,.social and aesthetic qualities of the community and public health,. safety and welfare, including but not limited to the impact on: schools, parks, public utilities, neighborhoods, streets, traffic parking and other community facilities and resources; and c) the condominium project shall have a legal tentative map filed with the City engineer prior to approval. ,�' � t = '' _ . ' Burlingame Planning Commission Minutes June 13, 1994 Hillside, and Patricia Gr-a 1616 Adeline all s oke.in o `�. y� . p ppo�tion to this applicati�n and expressed concern:for the cleaning busi��ess already present in this trip center. They also expressed concern,¢f�or the impact on traffic and.p blems with•the bus stop at that c.orner,a�d the children en route from-sch o1. Gregory Tancer, 1512 Highway�ad repeated the viewpoint stated i his letter that was presente to the .commission earlier in the eve 'ng. Ms. Terrell, owner �the Adeline Center expressed her concern hat this would be too clo e�to the already present dry.cleaner "and the p oblems with the. monit��ring well, she had been advised not to buy the rcel until it is c�.�eaned u She p• presented a petition to the.commissio containing 97 s��iiatures all in opposition to the application. Ms. Terre 1 added that e cleaner currently located in the center has an average o 35 to 45 ustomers on Saturd traffic consists .of about 2 peopl business could go into the bu'ldi clarified every business has t•:e Planning Commission. Mr. Vas z comments stating they would no tobj bus bench and a refuse box tha�`they comments and the public hea��ncr was ays, weekday :' There was speculation that any when it is complete. CA Coleman : a special•permit_approved by the and Mr. Mat�hews responded to the :t to additional conditions adding a �ould . maintain. There were r�o other osed. � ,;=s C. Jacobs was unable to nd any excepti nal circumstances applicable to this request, the traff'.'generation/cust er figures were not realistic, the traffic impact wo d be too great, the isibility is_high and it does not fit in a reside al neighborhood. The anting of this application would not be bene cial to the vicinity, s e then moved to deny this special permit a�'parking variance applicati In �comment on > e motion the .earlier rezoning as discussed. It-was noted that i,.was rezoned.with conditinns in an ffort to develop_this property in �`reasonable w�y in accordance with adj ent residential uses and the zo._ing code._ This use is corisistent with th zoriing code of the City of ,rlingame, however, at this time it is felt here is a need for develop.ent to adhere to the.20� setback requirement E1 Camino. was'seconded by C. Rey and approved on a 4-1-2 (C. ink dissenting '. Ellis and Kelly absent) roll call vote. Appeal p.ocedures were l. . � , 1�-11. 1128•'CHULA VISTA' AVENUE, ZONED C-1 BROADWAY COMMERCIAL AREA �(BOREL/POPLAR DEVELOPMENTS, PROPERTY OWNER AND PAUL GUMBINGER, APPLICANT). A. � C. NEGATIVE DECI;ARATION FOR A FOUR (4) UNIT RESIDENTIAL CONDONIINIUM AT 1128 CHULA VISTA AVENUE; ZONED C-1. GENERAL PLAN AMENDMENT FOR A CHANGE IN ZONING FROM COMMERCIAL, SHOPPING AND SERVICE TO MULTIPLE.FAMILY RESIDENTIAL. REZONING OF 1128 CHULA VISTA AVENUE FROM C-1 COMMERCIAL TO R-3 MULTIFAMILY RESIDENTIAL. -7- � �� Burlingame Planning Commission Minutes June �13, 1994 � � D. CONDOMINIUM pEgMIT FOR A FOUR 4 UNIT RESIDENTIAL CONDOMINIUM AT.1128.CHULA VISTA AVENUE, ZONED C-1. Reference.staff report, 6/13/94, with attachments. CP Monroe discussed the request, rev3ewed criteria,: Planning-Department-comments, -and study meeting questions.. Seven conditions were suggested for. consideration. Chm. Galligan opened the public hearing. Paul Gumb�nger, 60 E. Third Avenue, San Mateo, applicant, addressed�the commission. There were no comments and the public hearing was closed. C. Mink moved to recommend approval to City Council of these applications; negative declaration based on the information in the staff report and.the initial study; the general plan amendment to medium high density residential based on supporting documentation in the staff report; and the xezoning as the use is consistent with.the intent.of the zoning ordinance and general plan. -= Motion was seconded by C. Jacobs and approved on a 5-0-2 (Crs. Ellis and Kelly absent) voice vote. A subsequent motion was made by C. Mink recommending approval of the condominium permit application based on information received from the applicant and compliance with the requirements for residential condominium development, by resolution, with the following conditions;.l) that:the project shali be built as shown on the plans submitted to the Planning Department and date stamped.March 23, 1.994, Sheets SD1 and SD2 and Tentative Map dated April:l5, 1994; 2) that the:conditions set forth in the City Engineer's memo dated:April 19, 1994,`the Fire Nlarshal'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 expeetancy of all depreciable component parts of the property, ii�cluding but not limited to the roof; painting, common area carpets, drapes and furniture; 5) that the project shall meet: �11 federal access standards, all other requirements of the Burlingame Municipal Code and the Uniform Building Codes.and iFniform 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 associatiori to.provi�ie parking at no additional fee, solely for the condoininium owners and their.guests, and no portion of the parking area and aisles shal.l 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 proteetion 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. � a \ i � Burlingame Planning.Commission-Minutes June 13, 1994 Motion.:was , seconded by C.: Key` and 'approved on a 5-0-2 (Crs. Ellis and Kelly absent) voice-vote. �Due=to public noticing•requirements the City Council.Public Hearing on this project will be held �uly 5, 1994. Appeal procedures were`advised.. � " �12. TENTATIVE.�MAP"FOR A -FOUR.(4):UNIT.RESIDENTIAL CONDOMINIIIM.AT 11�8 CHULA VISTA`,AVENUE; ZONED `C-1 BROADWAY .COMMERCIAL AREA (BOREL/POPT.AR DEVELOPMENTS, PROPERTY OWNER AND PAUL GUMBINGER, APPLICANTI. Reference staff report, 6/13/94, with attachments. CE Erbacher discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Chm. Galligan opened the public hearing. There were no comments and the public hearing was closed. C. Jacobs moved to recommend. approval of this tentative parcel map application to City Council, by resolution, for`consideratiar� at their next meeting. Motion was seconded by C. Key and approved on a 5-0-2.(Crs. Ellis and Kelly absent) voice vote. - 13. $PE'�IAL pERMIT FOR.RETAIL.SALES AT 13 NORTH CAROLAN AVENUE, ZONED Reference s`,ff report, 6/13/94, with a�ttachments. CP Monroe discussed the request; 'eviewed criteria, Plann �ng Department comments, and study meeting questi s.` six'conditions w�re suggested for consideration. Chm.. Galligan o ed-the:public �aring. Sam Hayoti, 681 Thirteenth Street, San Mateo," sked that the�lcommission consider wholesale as well as retail as wholes e would cr,e.�te less traffic. There were no comments and the public heari �was clp�`ed. C. Jacobs, based on the� packet, moved to appz application, by xesoluti iinprovements ' shall conf Department and date.st � imony and the.information supplied in the this special permit for retail sales ith the.following conditions; 1) that the to the plans submitted to the Planning 9, 1994 and corrected to show only one roll-up door at the r of thi'tenant space; 2) that the business shall be open 8:00 a.m, t 5:00 p.m.� onday through Saturday, shall have a maximum of ten empld ees.and a ma� mum of 15 vehicles in repair on-site at any time; 3) th'' at least two o` the five�assigned parking stalls at the front of the b�"ilding be reserve for arriving customers or visitors only and shall n-�. be used to store v- icles in repair or waiting to be repaired; 4) t.t, within 30 days of ction on this application, the requirements o,=�tthe Fire Marshal's memo �ed April 24, 1994 shall be met by changing t�`, swing on the rear emergen exit door so that it.opens to the outside=, of the .building• also,. t� applicant shall provide information'�o�the Building and Fire Departmc� ts about the rating of the door betwe � the two tenant'spaces;.5) that ��e�project shall meet all �A � � � Y ., , - ITEM # 1�_. �� j`,�� v CITY OF B URLINGAME CONDOMINIUM PERMIT Negative Declaration, General Plan Amendmerit, Rezoning, Condominium Permit and Tentative Map for a 4 unit residential condominium. Address: 1128 Chula Vista Avenue Meetinq Date: 6-13-94 Request:Negative Declaration (ND 471-P), General Plan Amendment to land use (C.S. 25.04.080),.Rezoning from C-1 to R-3 (C.S. 25.04.080 and 25.16.020), Condominium Permit (C.S 26.30) and Tentative Map (C.S. 26.08.020) for a four unit residential condominium project at 1128 Chula Vista Avenue, zoned C-1. Applicant: Paul Gumbinger, Gumbinger and Associates Property Owner: Borel/Poplar Developments APN: 026-191-190 Lot Dimensions and Area: 50' X 115' = 5750 SF General Plan:Commercial, Shopping and Service Zoning:-C-1 Adjacent Development: Commercial uses to the left of the subject property and residential uses to the right of the prop,erty. CEQA Status: See Initial Study and Negative Declaration Backaround• In December of 1993 a mixed use development project, consisting of 5 condominium units with retail commercial use on the first floor and a portion of the second floor, was denied without prejudice by the Planning Commission., The project included variances for lot coverage and parking maneuvers and two exceptions to the condominium criteria in the form of inadequate front yard landscaping and substandard common open space square footage. The denial without prejudice was upheld by the City Council and the applicant was instructed that a redesign may be resubmitted to the Planning Commission within three months. The applicant resubmitted the present project on March 23, 1994 which was three months after the Council action. Current Project: The new proposal includes the following elements and requests: negative declaration, general plan amendment,.rezoning the property from its existing C-1, first commercial district (re�ail commercial) designation to an R-3, third residential district (multiple family dwellings) designation, Condominium Permit and Tentative Map. No variances or,special permits are being requested with this submittal. The negative declaration, condominium permit and tentative map is for a three story, 4 unit residential condominium project with 8 parking spaces at grade. The condominiums range in size from 1,193 SF to 1,301 SF and consist of parking on the ground floor; kitchen, living/dining area, deck and half bath on the second floor; and two bedrooms and two baths on the third floor. The condominium project meets all of the condominium criteria by providing 76 SF of private open space per unit where 75 SF is the 1 t= \ t r, a� � CONDO.,GSN.PZrllN AMENDMSNT,RSZONS maximum required and 750 SF of common open space where 400 SF is the maximum required, Sixty-two percent of the front yard is landscaped where 60� is required. One hundred percent of this area is in soft landscaping where 50% is required. The-building is 32'-0" tall from average top of curb where 35'-0" is the maximum allowable. A total of 8 parking spaces are provided,-two as visitor/guest spaces, and 8 are required. Exhibit 1(attached) shows the property at 1128 Chula Vista Ave. as the last commercially zoned parcel along Chula Vista Avenue. The applicant would like to rezone 1128 to R-3, the same as the adjacent developed property; 1124 Chula Vista. The lot at 1124 Chula Vista Avenue is developed with a 4 unit apartment building. The rest of the block of Chula Vista, to the south, is also developed in multiple family uses. 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 density land use designation must be extended one lot to the north on the east side of the street (see Exhibit 2). The land use element does not need to be amended because the proposed change is a single lot in a transitional location. Excerpts from the general plan land use goals and 'objectives, as well as, the coinmercial and multiple family'residential portions of the element support this conclusion. The medium high density portion of the residential land use element calls for two to three story apartment buildings. This project is compatible with those guidelines •and helps to maintain the buffer zone between the commercial uses and the lower density residential areas. The change in use is consistent with the commercial land use element. The rezoning of a single lot will not change the intent of the commercial land use element in the Broadway Avenue area and will not interfere with existing circulation patterns or access to consumer goods and services. The proposed residential condominium will not. increase parking impact along Broadway because it provides its own 1I28 CSULA VZSTA AVS. parking on site to required code dimensions. Front Stbk siae stbx Left PROPOSED (lst): 15'-0" (2nd): 15'-0" (3rd): 15'-0" ( ist) : 5' -5'! (2nd): 6'-0" (3rd) : 7'-1�� ALLOWED�REO'D 15'-0" 15'-0" 15'-0" 5'-0"' 6'-0" 7'-0° Side Stbk Right (1'st) : 5'-5" (2nd): 6'-0" (3rd): 7'-1" 5'-0" 6'-0" 7'-0" 2 s ,' r� '�. CONDO.�GSN.PLAN-AXSXDXENT,RSZONS 1128 CHULA VI3TA AVE. Rear Stbk (ist): (2nd) : (3rd) : Lot Coveraqe . Height . Parking _ . Front Yard Land : � soft . open Space,Priv.: Open Space,Comm : 15'-0" 15'-0" 20'-0" 41� 32'-0" 8 spaces 470 SF 100% 76 SF 750 SF Meets all zoninq code requirements. 15'-�" 15'-0" 20'-0" 50� 35'-0" 8 spaces 450 SF 50% 75 SF 400 SF staff Comments• The Chief Building Official had no comments. The Fire Marshall comments in his March 28, 1994 memo that the building must be equipped with an automatic fire sprinkler system and the sprinklers must be monitored by an approved central monitoring station. The Park Director comments in his April 14, 1994 memo that the project will be required to meet all provisions of the reforestation ordinance at the building permit stage. NOTE: Previously the Planning Commission had asked for an arborist report on the Walnut Tree, located in the city planter strip, for the previously proposed mixed use project. The Park Director notes, in his April 14, 1994, comments that arborist reports are helpful for private trees that are impacted by development. However, trees in the City right-of-way are handled by the Park Department and, therefore, will be addresses at the time the construction documents are submitted. The Park Director also stated that the Walnut tree is not a particularly valuable specimen. The Associate Civil Engineer has several comments in his April 19, 1994 memo (attached) which will need to be addressed prior to the issuance of a building permit. Stud Meetin : At the May 23, 1994 Planning Commission meeting the ,Planning Commission had several questions (P.C. Minutes, 5/23/94). The applicant states, in his May 27, 1994 response letter, that 1 parking space will be assigned to each unit and the rest will remain unassigned. The Park Director stated that Walnut trees are relatively short.lived and are more affected by draught conditions compared to Elms, Oaks or Redwoods. The Walnut tree at the 1128 Chula Vista location is a mature tree and will only last another 5 to 10 years where a mature Oak could last another 30 to 40 years, iie stated that it would not be wise to alter or stop a project from being built in light of these facts, especially since it is a city street tree�and the city has been regularly removing Walnut trees from planter strips. 3 r I i � �� CONDO.,GENLPLAN AMENDXENT,REZONS 1128 CHULA VISTA AVS. The portion of State Planning law addressing zoning (Government Code Section 65860) requires that city zoning ordinances be consistent with city general plans. As a part of Burlingame achieving consistency between zoning and the.general plan in 1984, the city identified the C-1 district as implementing the retail and service commercial land use designation and R-3 implementing the medium high density residential uses. While the C-1 zone allows development to R-3 standards in Burlingame, the C-1 district requires a use permit to develop residential only uses and allows commercial development which is not allowed in the medium high density land use designation. As a result, the C-1 district promises uses that the land use designation would not allow and misleads the property owner about the city's policy regarding the future development of his property. If commission wishes they could determine that C-1 zoning officially implements the medium high.density land use designation. If this is done then a rezoning is not necessary in this case. (See Planners memo May 25, 1994). The proposed four unit residential condominium is compatible with the uses across the street because it is screened from view by the trees and deepens the buffer area between the cominercial uses and the lower density residential uses to the south. The applicant states in his response letter that the proposed multifamily residential project has less physical impact on the area than a permitted commercial structure.,which could reach 35'-0" in height without any setbacks. Findings for a Neqative Declaration: FoTlowing the public hearing the Planning Commission should act.first on the Negative Declaration, ND ' 471-P, 1128 Chula Vista Ave. Prior to acting on a project the Planning Commission must approve the Negative Declaration finding that on the basis of the Initial Study and.any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Findings for a General Plan Amendment: In acting on the request for a general plan amendment for the rezoning of 1128 Chula Vista the Planning Commissioners should state the reasons why they feel such action is appropriate to change the land use from shopping and commercial .service to medium high density residential. The Commissioners inust state why the changes are consistent with the General Plan and in particular the Land Use Element of the General Plan. Findings for a Rezoning: In acting on the request to rezone the property at 1128 Chula Vista from C-1 to R-3, the Planning Commission should state the reasons why they feel sueh act'ion is appropriate and consistent with the intent of the zoning ordinance. Code section 25.04.010 states that the zoning ordinance was established for the following purposes; to promote public health, safety and welfare; prese'rve a wholesome serviceable and attractive :community which increase the.safety and security of home life; promote a harmonious character and economy among property, building construction and civic 4 t ,� � � CONDO.,GSN.PLAN AMENDXENT,RSZONS II28 QiUZA VISTA AVS. services; establish regulations to limit the location, uses, height, bulk, occupancy, lot coverage, street setback, yard sizes and occupancy of building structures and land; encourage remodeling of existing residential structures; preserve residential neighborhood character of single famil.y structures and accessory structures and provide the �est general civic use to protect the common rights and interests of all. Criteria for Permitting a Residential Condominium: Following the public hearing the Planning Commission should act fourth on the Condominium Criteria. The criteria for permitting a residential condominium are based on three City Council actions: P.C. Resolution 7-79 addressing open space requirements, P.C. Resolution 5-80 with findings addressing development standards, and Ord.1015 establishing condominium subdivision regulations. The intent of these actions is outlined as follows: a) a new condominium project shall conform to all applicable zoning regulations and General Plan densities; b) review of a condominium project shall include its effect on sound community planning; the_economic, ecological, social and aesthetic qualities of the community, and public health safety and welfare; including but not limited to impact . on schools, parks, public utilities, neighborhoods, streets, traffic, parking, and other community facilities and resources; and c) the condominium project shall have a legal Tentative Map filed with the City Engineer prior to approval. Planning Commission Action: The Planning Commission should hold a public hearing. All requests may.be addressed in a single public hearing including the tentative map. The negative declaration, general plan amendment and rezoning actions are recommendations to City Council. Affirmative action on the condominium permit should be taken by resolution. The tentative map is also a recommendation to City Council. If the Commissioners wish you may act on the negative declaration, general plan amendment, rezoning and residential condominium permit at one time. The reasons for each action should be clearly stated for the record. At the public hearing the following conditions should be considered: Conditions: 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, 1g94, the Park Director's memo dated April 14, 1994 shall be met; 5 � L � t e: A u. CONDO.,GEN.PLAN AXENDXSNT,REZONS 1128 CH(7LA VISTA AVS. 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 anc� 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 locatibn approved by the City Engineer. Leah Dreger Zoning Technician cc: Paul Gumbinger, architect Borel/Poplar Developments, property owners C � ,, „ „ CITY OF BURLINGAME NEGATIVE:DECLARATION File No. _ND- 471 P.- 1128 Chula Vista Avenue The City of Burlingame by Maraaret 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. Pro�ect 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 re.quest, 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 envir'onment 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. + � � � u , �o �� Si na ure:of Processing Official �� `� �, �� Title Date Signed Unless appealed within 10 days hereof the date posted, the determination shall be final. Date posted i � �—� 3 � / � _ Declaration of Postina I declare uncler 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 �� 1994. Appealed: ( ) Yes ( ) No � � � � _ _ ,, : , CITY CLERK, �„I�y OF BURLINGAME � � ! t ' / �� r . � ... . . . . Four Unit Condominium - 1128 Chula Vista Avenue, Burlingame, CA. - General P1an Amendment, Rezone and Condominium Permit IlVIT�AL STUDY SUlVIlVIARY , � 4-20-94 This project, as proposed, wiZZ NOT resuZt in the folZowing environmental impacts: 1. SAR.TA: Unstable earth conditions, displacements or compaction of soil, destruction of unique geological features, increased water or wind erosion of soiZ, changes in a beach ecosystem, exposure of peopZe to hazards such as earthquakes, Iandslides, or qround faiZure. • 5ite is Iocated in an urban setting and had been developed for over 40 years as a single family dweZZing. The site is currently vacant. • Site is flat and no underground construction is proposed for this project. There wiZl be no grading associated with this project. 2. AIR: Deterioration of ambient air quality, creation of objectionable odors, or aZteration of climate, IocaZZy or reqionally. • Site deveZoped as a residential use for over 40 years. • Site has been zoned commercial since the 1940's, proposed use wi1Z generate less traffic than a commerciaZ use. 3. WATER: Changes in directionaZ course of marine or fresh waters, ehanges. in absorption rates, drainage patterns or rate of surface run-off or aZter the course of flood waters, alter the direction or fZow or ground waters, changes in quantities of ground waters by any means, changes in the amount and avaiZabiZity 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 i.mpervious surfaces. • There wi1l be no qrading associated with this deveZopment. • Site tied into existing water distribution Zines with adeq�ate capacity in the system. • Water conservation required to compensate i.ncreased density. 4. PLANT ZIFS: Changes in diversity or number of any species of plants including endangered species, introduction of new species of pZants into the area, or reduction in the acreage of any agric�zlturaZ crop. • No native pZant Zife exists on site. • Condominium project wi11 compZy with city reforestation ordinance. 5. ANSXAL LIFS: Changes in diversity or number of any species of animals including endanqered species, introduction of new species of animals into the area or res�Zt in the barrier of normal migration of any species of animaZs or deterioration of existi.nq fish or wildZife habitat. • No native animals exist on site. • ResidentiaZ site may include domesticated animaZs. 6. NOISE: Increases in existing noise or exposure of peopZe to severe noise ZeveZs. • Site deveZoped as single family residential for over 40 years. • The condominium design is consistent with the General P1an Noise EZement. 7: LIGHT & GLARS: Extreme increases in the amount of'light and glare in the environment. • Existing zoning allows commercial development which potentially could have a Zarger Zight and glare impact than muZtiple family residential use. 8. LAND IISS: Substantia.L aZteration of the present or pianned Iand use of the area. • The zoning chaage from C-1 to R-3 does not need a Iand �se eZement amendment because the proposed change is a sinqZe 1ot in a transitional Iocation. Change in use is consistent with the current Iand use element. 9. NATURAL RESODRCES: Any increase in rate of �zse of any natural resources. • DeveZopment will meet a11 current conservation requirements. I t � � � ~ Yl 10. RISR OF UPSST: Any risk of expZosion or xelease of hazardous substances or materiaZs ( incZuding but not Zimited to, oiZ pesticides, chemicaZ's or radiation ),in the event of an accident or upset situation, possible interference in an emergency response:or evacuation pZan. • Structure wiZl meet a1Z Uniform Building Code and ilniform Fire Codes a5 amended by the City of Burlingame, as weZZ as, plumhinq and seismic construction standards. 11. POPULATION: The aZteration in Zocation, distribution, density or growth rate of the human population. • The past residential use was an under use of the commerciaZZy zoned property. • The proposed development will a11ow for a minor increase i.n popuZation by the addition of 3 more Zivinq units. 12. AODSING: Displacement of any residents or create a demand for additional housing. • The existinq lot is vacant. purposes of this proposal. • The proposed use wi1Z create reduce demand for housing. No dweZlings are being demoZished for the four additional housing units which wi1Z 13. TRANSPORTATION/CIRCULATION: Generation of substantiaZ increase in vehicular traffic, strains on existing parking facilities or-new parking; substantiaZ impact on existinq' transportation systems, alterations in present patterns of circulation or movement of peopZe or goods, increase in traffic hazards to motor vehicZes, bicycles or pedestrians. • AZZ required parking is provided on site for this development. • AZI existing roads and highways serving this area are operating at service Ievel C or Zess and have_adequate capacity for the minor increase in trips generated by the addition of four dweZZing units. 14. PUBLIC SERVICES: The need for new or aZtered governmental services, such as, fire protection, police protection, schooZs, parks or recreational faciZities, maintenance of public faciZiti,es, including roads and/or any other type of governmental services. • AII established pubZic services serving this site are properly sized to accommodate.an increase from a past single famiZy residence to the proposed four unit condominium. Z5. SNSAGY: The use of substantiaZ amounts of fuel or energy, substantiaZ .Zllcreases in demand upon existing-sources of energy, the need to deveZop new sources of energy. • There wilZ be no need to develop new energy sources since this Zot has been deveZoped for over 40 years and the change in number of units is minor. 16. UTILITISS: The need for new systems or substantiaZ alterations to the following utiZities (not incZuding initial hook-ups to existing systems) power or naturaZ qas, communication systems, water, sewer or septic tanks, storm drainaqe, solid waste disposal. • AII existing utilities have adequate.capacity for this project and no new sources or services will be required. 17. HaXAN HSALTH: Creation of heaZth hazards or potentiaZ the exposure of people to potentiaZ heaZth hazards. • Since this site has been deveZoped in an urban setting and wiZl meet current UBC and UFC requirements there existing health hazards and no known potentiaZ heaZth site. heaZth hazards or for over 40 years are no known hazards at this 18. AESTASTICS: The obstrudtion of any scenic view or vista open to the public, or the creation of an aestheticalZy offensive site open to the pubZic. • The mass of the proposed deveZopment on this site will change from the past singZe famiZy dwellinq to muZtiple famiSy residential. With the zoning change and general pZan amendment the proposed project will,be within design allowances of the Zoning ordinance and wiZ1 therefore, be compatible with both the adjacent existing commerciaZ uses and multiple fami.Zy residential uses. Z � i � , . . . � . � ' _ . - � . � w 19. RECRSATION: Any negative impact on the quantity or quality of existing - recreational opportunities. • No recreational uses:wiZZ be affected. There will be a sZight increase in demand created by the.residents of the three new units. The capacity in existi.ng facilities is adequate to accommodate the increase in demand. 20. CDLTDRAL RSSOURCSS: The destruction ot prehistoric or historic azchaeoloqicaZ sites, the destrrzction of any unique ethnic or cuZtural � vaZues or restrict any existing reZigious or sacred uses within the _ potentiaZ impact area. • Site has been developed with a single famiZy home for over 40 years. RedeveZoping this site wiZl not destroy any historic, ethnic; cuZtural or reZigious uses. :�vsmsunr.Fx,u l�I�s��r) � e � � '��°��`��a�"' ' CITY OF P:,U�LINGAME b � � ' "� �>� :� i =- APPLICATION TOO THE FL/�NNING CONIMISSION ��, +� i rl�� .�'� �.: „��- � .. oRATm JlMeb, � . . ' . � � . .. . . _ Condominium Permit Tyve`of Aovlication: _Special Permi# _V81'18t1Ce , X Oth@I" Rezone from; C-1 to x-3 ProjeCt AddresS : 1128 Chula Uista Avenue �� Assessor's Parcel Number(s) 026-191-190 A_ PPL/CANT � PROPERTY OWNER `�.Q� 2`� ��'�'' Name: Borel/Poplar Developments Name: SAME CiTYOFBURLII��RM� Address: 72o El Camino Real, suite lol Address: � w City/State2ip: �B�;imi�nt; : � �� oa� Telephone:(work) (home) 591-9615 N/A ARCH/TECT/DES/GNER - Name: Gumbinaer Associates/Architects AddfeSS: 60 E. Third Avenue, Suite 300 City/St2te/Zip: San I�ateo, CA 94401 Telephone (daytime): 579-0995 _ City/State2ip: Telephone:(work) _ (home) P/ease indicate with an asterisk f•1 who th onta tn -�c n is for tiris vroiect. *Paul J. Gumbinger, FAIA PROJECT DESCR/PT/ON: Four ( 4) townhouse condominiums over surface parking. AFF/DA V/T/S/GNA TURE: I hereby certify under penalty of perjury that the information given herein is true and correct to the best of my knowledge and belief. r 3� � Applicant' ign ture Date - I know about the proposed application, and hereby authorize the above applicant to submit this application. � � zi Property O er's ignature Date OFFICE USE ONLY ----------------------------------�____________ Date Filed: '�'�3� � � Fee � Receipt # Letter(s) to applicant advising application incomplete: Date application accepted as complete: � P.C. study meeting (date) P.C. public hearing (date) P.C. Action �rez Appeal to Council? Yes No t�;�,.rn„ Council meeting date Council Action ,- �, � �-- Burlingame Planning Commission Minutes May 23, 1994 � . 3. SPECIAL PERMITS FOR TAKE-OUT AND NEW FOOD ESTABLISHMENT FOR A RETAIL. COFFEE STORE AT 1309 BURLINGAME AVENUE, ZONED C=1 SUBAREA A, BURLINGAME AVENUE COMMERCIAL AREA (GURDIAL JOHAL, PROPERTY OWNER AND LOUISE SELIN APPLICANT) Requests: Define food establishments and enforceable restrictions; what does note on plans."not for leasing'� indicate; alarify.the number of handicapped restrooms required with 4± employees; do you need male and female, when will the seismic retrofit be done relative to the tenant improvements, if tenant improvements proceed will the establishment close or be relocated; trash receptacles at front arid rear of the store; number of outdoor seats; employees need to use long.term parking. Item set for Public Hearing June 13, 1994. 4. SPECIAL PERMIT AND PARKING VARIANCE FOR DRAPERY SHOP AT 1501 EL CAMINO REAL, ZONED C-1 (CHEVRON, U.S.A.; PROPERTY OWNER AND JACK MATTHEWS, APPLICANT Requests: what kind of business does the applicant plan to put in this space; hours of operation and cumulative parking demand; what is most intensive use; will E1 Camino widening impact setback requirements how realistic is the expectation that El Camino will be widened;�notice tenants on adjacent site; where will employees park on site; wi11 there be more than 25 retail customers onsite at one time or total; will landscaping along E1 Camino block view at corner. Item set for Public Hearing June 13, 1994. 5. 1128 CHULA VISTA.AVENUE, ZONED C-1 BROADWAY COMMERCIAL AREA (BOREL/POPLAR DEVELOPMENTS,.PROPERTY OWNER AND RAUL GUMBINGER, APPLICANTI. A. NEGATIVE DECLARATION FOR A FOUR (4) UNIT RESIDENTIAL CONDOMINIUM AT 1128 CHULA VISTA AVENUE, ZONED C-l. • B. GENERAL PLAN AMENDMENT FOR A CHANGE IN �ONING FROM COMMERCIAL, SHOPPING AND,SERVICE TO MULTIPLE FAMILY RESIDENTIAL. C. REZONING OF 1128 CHULA VISTA AVENUE FROM C-1 COMMERCIAL TO R-3 MULTIFAM2LY RESIDENTIAL. D. CONDOMINIUM PERMIT FOR A FOUR (4) UNIT RESIDEI�TIAL CONDOMINIUM AT 1128 CHULA VISTA AVENUE, ZONED C-1. Requests: will parking be assigned by unit; clarify why some stalls say unit parking; have Parks Director explain his rational regarding the walnut tree; why is rezoning necessary �when C-1 district allows multiple family residential with a use permit; look at the relationship of other uses on street to this site and its use for multi. family residential; if project is not approved but new zoning approved, is developer bound. Item set `f.or Public Hearing June 13, 1994. -2- . .'� F� ' � <.,Burlingame 0 Planning Commission Minutes May 23, 1994 6• TENTATIVE MAP FOR�A FOUR.(4) UNIT_RESIDENTIAL CONDOMINIUM AT �1128 CHULA VISTA AVENUE, `ZONED.C-1 BROADWAY COMMERCIAL AREA • (BOREL/POPLAR DEVELOPMENTS, PROPERTY OWNER AND PAUL GUMBINGER, APPLICANTI. Requests: There were no specific questions. Item set for Public Hearing June 13, 1994. 7. SPECIAL PERMIT FOR RETAIL SALES AT 1313 NORTH CAROLAN AVENUE, ZONED M-1 (MACY MAK, PROPERTY OWNER AND TUNG NGUYEN, APPLICANT). Requests: traffic projection page not completed (reflects retail use only include wholesale) clarify; what are the differences between parking and/or traffic impacts, wholesale/retail;_plans to scale; clarify placement of rollup doors at rear. Item set for. Public Hearing June 13, 1994. ITEMS FOR ACTION 8. SPECIAL PERMIT TO EXPAND FOOD ESTABLISHMENT AT 322 LORTON AVENUE, ZONED C-2 SUBAREA A, BURLINGAME AVENUE COMMERCIAL AREA (MEL K. DOLLINGER, PROPERTY OWNER AND TOORAJ SHARIF, APPLICANTI. � Reference staff� report, 5/23/94, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and study meeting qizestions. Three conditions were suggested for consideration. Chm. Galligan opened the public hearing. Tooraj Sharif, 55 W 5th. Avenue, San Mateo, the applicant, responded to questions from the commissioners pertaining to employee parking and asked that he not be limited.to five employees. There. were no comments and the ` public hearing was closed. C. Mink stated, based on the testimony and the information supplied in the packet, he moved to approve the this special permit application , by resolution, with the following amended conditions; 1)'that�the 3381 SF project shall be built as shown on the plans submitted to the Planning Department date stamped May 13, 1994; 2) that the business shall be open daily, 11:00 a.m. to 2:30 p.m.-and 5:00 to 10:00 p.m., with a maximum of eight employees and seating for no more than 66 customers; and 3) that the project shall meet all the requirements of the Uniform building and Uniform Fire Codes as amended by the City of Burlingame. � . Motion was seconded by C. Ellis and approved on a 7-0 voice vote. Appeal procedures were advised. -3- n D0 ' � ,.. , . , . . . , `r.. ,._" � . . .` ., 5 , '.. ..� - , :; . � . . ; �` � �� . ., .,. . , .. ..� . .:. .. . . . . � .. . . . e� z. ; ... . � `� . _ ._. .. . . �� , ,; r' � �� G �� .'. ,. , : . . .'. .. , :.. s � �..=�� VI V.1�1\V�LI \ � ' � � MAY 2 � 1994 � :. � ��'- /��i��s CITY O� �L€Ir�U�J�i/�JII�E . � � Easffiird Avenue • SrnMateo,Cq94401 ��'�� Fox: (4? 5) 579-1402 • TeC (415) 579-0995 93112i�.� A(�CHITECTS May 27,1994 ' " _ . Ms. Margaret Monro.e ` ` , ' : City Planner City of Burlingame 501 Primrose Road Burlingame, CA 94010 - Project: Borel: Poplar Developments APN: 026-191-190 Four (4) Townhouse Condominiums 1128 Chula Vista Avenue = Burlingame, California s : Dear Ms. Monroe: The following is in response to questions regarding the project raised by various Planning Commission members during the study portion of the meeting of May 23, 1994. 1. ASSIGNMENT OF PARKING SPACES � ' . Each unit will be assigned one (1) parking space. Thexemaining spaces ` will be unassigned. 2. NEIGHBORHOOD CONTEXT - In our professional opinion as architects and urban planners, the proposed project fits well into the neighborhood context. It provides a transition from the eommercial to the residential and is shielded by the large street trees from the one story commercial building across ;�. the street. . . .;. The proposed project has less visual impact than a 35ft. high commercial building that could be built to the front property line. Being a residential projecE, it also has less impact on the need for street parking during business hours. Paul J. Gumbmger. FAIA President & CEO � , , ,>�.. _ �. _� _ „ ,,;� : , ; .- �. . . -, ,__ _ ,, � , : �� :: � _ � � ��Y � 7 f994 93112/, 27 May27,1994 C►T1'O�'BU�l�l�i�;� - Ms. Margaret Monroe ��!�� i��€�� . , Page two � . . :, - 3. ZONING The properiy owner has expended considerable time, effort and `resources in trying to develop a suitable,project for the site and is very anxious to start construcEion as soon as possible. If for some reason the proposed project is not approved; the properry owner would then respectfully request the Planning Commission not � to approve the General Plan Amendment and Rezoning: - Please contact me if you desire any additional information. Very truly yours, _ - G ASSOCIATES ` - " � G m .nge FAIA _ Presi e _ PJG/1rg . CITY.OF BURLINGAME MEMO TO: FROM: PLANNING COMMI$SION CITY PLANNER � Qf� 1� i�„^ DATE: 5/31/94 SUBJECT: REQUIREMENT OF REZONING WITH GENERAL PLAN AMENDMENT FOR RESIDENTIAL USE FOR 1�ROPERTY ZONED C-1, BROADWAY COMMERCIAL AREA, AT 1128 CSULA VISTA. At the Planning Commission Study meeting on May 23, 1994 the Commissioners asked that if the C-1 district allows residential development as a conditional use, why is a rezoning to R-3 necessar.y for this proposed 4 unit residential project? - The properties zoned commercial (C-1) along Broadway and on the cross streets between E1.Camino Real and California Dr.ive have been designated in both the General Plan and zoning ordinance as a special commercial area. In the General Plan the area is.called the Broadway Center. In the zoning ordinance the area is called tYie Broadway Commercial Area. In both cases the two areas include the same properties. In the Land Use Element of the General Plan the uses in the.Broadway Center area.are specifically called out and described. (General Plan page 12). There is no mention of residential uses or of a policy to promote residential uses within .this sub-planning area. In 1984 the Broadway Center was called out as the Broadway Commercial Area for specific zoning regulation. At that time the definition of the area Was mapped and defined as being all the properties zoned c-1 fronting on Broadway and the side streets intersecting Broadway; 1128 Chula Vista was clearly one of these properties. (See map of Br•oadway Commercial Area). The present C-1 zoning district aliows, as a conditional use, residential � uses, either as the sole use of a property or as a mixed use with commercial. The issue with the proposed 4 unit residential condominium at 1128 Chula Vista is not that the C-1 zoning will.not allow a multiple family residential development in the C-1 zone. Rather the issue is one of consistency of zoning with the General Plan i.e. the zoning allows residential uses and the General Plan does not. The California Planning Law Government Code. 6530'0.5, states that the General Plan (land use map and elements) must be internally consistent. This means that the map cannot say one thing in terms of land use and the land use element say something else. In the case of our current plan, the General Plan Map shows the Broadway Center as shopping and service commercial use.- The desiqnation appears to be coterminous with the area zoned C-1 on and adjacent to Broadway. The land use element description discusses commercial uses exclusively• there is no reference or discussion of maintaining or.bringing residential units into the commercial area. r �- �i 5/31/94 REQUIREMENT OF PROPER�I'Y Z�ONED page -2- 1 REZONING WITH GENERAL pLAN p,MENDMENT FOR RESIDENTIAL IISE FOR C-1, BROAD47AY COMMERCIAL AREA, AT 1128 CHULA`VISTA. Section 65800 of the Government��Code,notes: "It is the purpose of this chapter, to provide for the adoption and administration of zoning laws, ordinances, rules and regulations by counties and cities, as well as to implement such general plan as may be in effect in any such county or city". Section 65860 (a),'goes on to state in part: "County or city zoning ordinances shall be consistent with the general plan of the county or city by January,i 1974. The State code then addresses ineonsistency and how to bring inconsistencies into compliance in section 65862: When inconsistency between the general plan and zoning arises as a result of adoption of or amendment to a general plan,... hearings held...for the purpose of bringing zoning into consistency with the general plan,...may be held at the same time as hearings held for the purpose of adopting or amending- a general plan, or any element thereof....It is the intent of the Legislature, iri enacting this section, that local agencies shall, to the extent possible, concurrently process.applications for general plan amendments .and zoning changes which are needed to permit development so as to expedite processing of such applications." To comply with the direction<-o£`-consistency between the zoning and the general plan, the Burlingame zoning ordinance was amended in 1982 with Section 25.04.080 which states in part: Approval of a zoning, rezoning, variance or use permit pursuant to this title shall be based on a finding that the approval is consistent with the general p1an...Applications for a zoning, rezoning, variance or use permit shall be denied if found to be incons'istent with the general plan.... Further, in 1984, motivated by the change in the state planning law r�quiring comsistency betweeri the General Plan land use designations and the zoning, staff did a.comparative study of the land use designations and zoning. For this study, which resulted in a series of general plan amendments and rezonings, the`following zones were determined to correspond to the following land use designat.ions: � General Plan Land Use . Residential low density medium density medium high density high density ' Commercial shopping and service service and special sales Zonina R-1 R-2 R-3 R-4 C-1 C-2 5f 31/94 REQUIREMENT OF REZONING WITH GENERAL PLAN AMENDMENT FOR RESIDENTIAL USE FOR PROPERTY ZONED C-1, BROADWAY COMMERCIAL AREA, AT 1128 CHULA VISTA. page -3- � \ , Office use " Water.front commercial . commercial recreation . hotels/motels . restaurants Commercial residential Industrial and office use C-3/C-4 C-4 C-R M-1/O-M As a result when the property owner of 1128 Chula requested to place a multiple family residential any commercial use, staff looked at the followin a. The generalfplan designated shopping an with C-1). b. 'The site is zoned C-1. Vista Avenue came in and use on the site, without g factors: d service use (consistent c. The designation of the Broadway Center in the general plan did not mention residential uses within �the area as a development objective or policy. d. Although at.the. edge of the Broadway Center area, there was no dispute that this property was included in the Broadway-Center. e.. The proposed project is clearly a use consistent with the general plan land use designation medium high residential and R-3 zoning; both of which,are immediately adjacent to the site on the south. On the basis of these facts, and the fact that.the State planning law clearly directs consistency between the General Plan and zoning, staff proposed that the applicant apply for a general plan amendment and rezoning along with the use permit far the 4 unit residential condominium. * Keeping the C-1 Zoning Designation Since the C-1 zoning District.does allow multiple family residential uses as a conditional use, the Planning Commission could determine that the C-1 district could be used to implement the medium high density residential land use designation. If this were done, the determination would apply to all areas designated medium high density residential in the General Plan. It would mean that while this applicant does need a general plan amendment for this project he would not need a rezoning. It would also mean that while the applicant's zoning would allow commercial uses at this site, the general plan would not. In other words if he wanted'to build a commercial use or mixed commercial residential use in the future, he would have to amend the general plan again. In the end, retaining_the C-1 zoning is not givirig future users of this property the clearest message about City policy regarding this site and could lead to just the kind of misunderstanding that the legislature was trying to avoid with the consistency requirement. , *Another Approach � , � 5/31/94 REQUIREMENT OF PROPERTY ZONED page.-4- REZONING WITH GENERAL pLAN p,MENDMENT FOR RESIDENTIAL "USE FOR C-1, BROADWAY COMNiERCIAL AREA, AT 1128 CHULA VISTA. If from this: discussion it appears that the land use pol�cy for the Broadwag Center is not accurate, and if, in fact, to vitalize the area residential uses within tYie area should be encouraged, then the Commission should look at changing the text of the General Plan.. If the te�rt stated that residential: uses were appropriate to accomplish the commercial goals of the area, then the C-1 district is perfect for implementation and no general plan amendments or rezonings are necessary for this proposed project. If the Commission should wish to pursue this alternative it cannot be done at the June 13, 1994 meeting addressing 1128 Chula Vista becatise the public notice did not include changing the land use policy for tfie entire Broadway Center. However, the item could be placed on a later agenda for consideration. Given all the above considerations and the fact that the applicant is interested in just the one property, it seemed prudent to ask for the rezoning to R-3 as well as extending the medium high density residential designation one lot to the north. Whichever way the determination.on the appropriate implementing zoning goes, the decision on the general plan is permanent. If the general plan land use designation is changed to medium high,density.residential then commercial uses will not be allowed on the property at 1128 Chula Vista in the future. The City Attorney did note that all of these requested actions - negative declaration, general plan amendment, rezoning and use permit for condominiums - could be acted upon in a single motion. By this method if the residential project is not acceptable then its denial will include denial of the negative declaration, general plan amendment, and rezoning. M/s RF7NaPA&.23 , , �� . �TU� . �i2.4(J v S� C�J�1��' _ _ ��. , In addition, to augment the;.;smalt..sites of many.of the ex�stin:g neigh,borhood,parks and.elementary schools,.acquisition of ad�o�ning -'lots is r.ecommended�whenever:.sueh tiecome available: In s�ome;:instances : < street.closings"of very short:sec�tions of streets could be used to augment existing sites or.to link;.schools and parks toge:ther .; In Some_ instances such closings.would increase.traffic.safety in: addition to provi:ding` very much :needed;.P:ark space. ; . : Comme.rcial Use,s . Three complexes of commercial uses are included in this plan: the Burlingame Plaza Area, the Broadway center,`and the Burlingame Avenue-Park Road center. In these centers of commercial.activity three generel categories of commercial uses are shown on the plan diagram: Shopping and Service, Service and.Special Sales, and Office Use. In addition to the commercial uses in these three centers of.activity an additional categ.ory of commercial use, Waterfront- Commercial, is indicated along mos.t of the waterfront area. € , `�, ": f . `6 Burlinqame Plaza Area. This area includes outlets prov'tding convenience goods and consumer ser�ices to ]ocal residents and workers; the Peninsula Hospital and medical_offices; and.other professional-edministrative offices. No changes are recommended in the pattern of. uses presently established. � The visual quality of the shopping.center sho.u.ld ,be.improved.and the parking�area serving.the shopping center needs redesign and tree planting to impro4e functional efficiency and appearance. - Broadway Center. Dutlets :in this center now provide convenience.goods and`consumer services for.residents in the general vicinity.: Although .- many of the.businesses here are we11'established and apparentty:.successful enterprises; better circulation; more parking, and b.etter:urban design would enhance this.center.. Separation of vehicular and_pedestr:ian circulation and reduction:.of through-traffic on Broadwey is needed. Recommenda"tions for iinproving the traffic curculation pattern are presented.i�n the Circulation Element. These inctude a'grade:separation for the raiTroad tracks.and improvement of the Broadway-Bayshore Freeway interchange to relieve traffic congestion at that point. Consideration • should be given.to creating a pedestrian precinct on-Broadway. in.the section between Caguna Av.enue and Capuchino Avenue...Additional off-street � parking should.be provided;to the rear of pcesent business outlets fronting on Broadway with access. to such lots from the neUi streets indicated on the.plan diagram. An urban. design plan should be developed • for this center to.provi,de. more detailed guidance for future changes. Bu�li•ngame Avenus-Park Road Center. Th.is cenYer includes outlets providing a wide range of consumer goods and_services for Burlingame. residents and residents of adjoining_communities. Ft also includes business service establishments, business and profiessional of.fices, civic 6uildings, and some resi�ential uses. The following organization o.f-uses within the centec is reco�nended: shopping goods outlets should, in the main,.be located along Burlingame Avenue and Park Road,in a pedestrian precinct; convenience goods stores,`r.estaurants, and co�sumer service outlets should not occupy ground levet street.fr�ntage space in the heart of the center but should be in more peripheral locations; the frontage of.the west side �,�, '�...:�" 12 fHS PLANNING AND 7ANIIQG I:AW �S�I�L�'L � r/VVi� + C rlY'.�!`�-3 � C1��j,J�j r�uthorJly to perform frlrtcHo+rs: eatry onto prl►ate land 65105. In the performance"of their funcdons, planning agency personnel may enter upon any land and make :examinadons and surveys, provided thatthe entries; examinadons, and sur�reys do not interfere with the use of the land by those persnns lawfully endtled to the possession thereof. (Added by Stats.1984; Ch: 690.) . 65106. Upon iequest all public of6cials shall fumish W the planning agency within a neasonable time any available=information as maybe required for the work of the planning.agency: (Added by.Stats.1985, Ch. 61T..j - . � PxbCic o,�cials m jurnirh planning agency wtth aNatla6le iq/'ornwuoa ,(Article 2: [commencing with_Section 65150] repealed by Stats: i984,'Ch: 690:) . (Arucle 3. (co»unencing wi[h Section 65200] repealed by Stats,1984; Ch: 690.) _ Artide 4. Long Range Planding'IYust Fund Long Ra,rge 65250. (a) A city with a population in excess of three million may establish a Long Range Planning Trust Ptaantng Trash Fund in accordance with subdivision_ (b) to rnnsist of those moneys that are voluntarily paid by an Fund assessee of real property on the property tax 6i11 in an amount equal to oae dollar ($1) for each parcel of assessed real property of one acre or less, or one dollar ($1) per acre, and any additional fractional portion thereof, for. each parcel of assessed real property of more than one acre,and are collected and deposited pursuant to an agreement as described in subdivision (d); (b) A city as described in subdivision (a) shall establish a Long.Range:Planning Trust �nd by a resolution, adopted by a majority vote of the city's goveming 6ody. That resolution shall�require that moneys in the fund shall be expended upon the vote of thaE city's governing body only for purposes of long-tercn land use planning and general plan revisions. � (c) Upon adoption .of a resolution pursuant to subdivision (b), a city may solicit volantary contributions as described in su6division (a), and upon receiving authorization to rnllect the contri- bution by an assessee of real property, may transmitto tlie county assessor, connty.audiior, and connty tax collector any iqformation regarding the assessee that may be necessaiy to collect Ehecontribution pursuant to an agreement:as.specified in subdivision (d). . (d) The rnunty assessor,:county auditor, rnunty. tax collector and the adopting city may enter into a joinY agreement for the collection and allocation of yoluntary contributions as `described in subdivision (a); thatmayprovide for#he collection of contributionsby thetaxcollector. The agreement shall provide for the allocation.to the rnunty assessor, rnunfy auditor; and Caxcollector from moneys collected of amounts Equal iothe actual and reasonable costs incurred by;those persons in collecting and allocating contributions: . `° rt . - (Added by Stats:1992; Ch. 937.) P/an requfred �ernal eonsistency � Local implementatiort BaJance oj[ocal sftuolton/compliance w7th statc and fidunl laws Ar6de S..Authority for and Scope of General:Plans' �-" 65300. Each planning agency shall prepare and the legislative body of each oounty and city shall adopt a comp�+ehensive, long-term general plan for the physical developmentofthecounty or city" ; and of any land outsideitsboundarieswhichintheplanningagency's judgmentbearsrelation[oitsp]anning:Charteredcipes shall adopt general plans.which contain the mandatory elemenu specifieii inSecdon 65302. • {Amended by Stats.1984; Gh.1009.) 65300.5. In construing the provisions of this article; the Legislature intends that tlie general glan and elements and parts thereof comprise an integrated, intemally consistsnt and compaEible statement of policies for the adopting. agency. _ (Added by Stats.1975, Ch.1104.) b5300.7. TheLegislaturefinds thatthediversityof the state's communides andtheirresidentsrequiresplanning agencies and legislative bodies to implement this azticle in ways that accommodate local wnditions and circumstances, while meeting its minimum requirements. (Added by Stats.1980, Ch. 837.) 65300.9. The Legislature recognizes that the capacity of Califomia cities and counties to mspond to state planning laws varies due w the legal differences between cities and coundes, both charter and geneial law; and to differences among them in physical size and characterisdcs, population size and density, fiscal and administrative capabilides, land use and development issues, and human needs: It is the infent of the Legislature in enacdng ihis chapter to provide an opportunity for each city and county to coordinate its local budget planning and local planning for federal and state program acdvities, such as cdmmunity development, with the local land use planning process, recognizing that each city and county is required to establish its own 2H • 1993 Planning, Zontng, and Development Laws @�\fllt3�. .•i��.�01�� ' :� ,-, � � � . � � �.. - ....�,. � : stan ds o court review of a general plan or of other local govemment land use decisions. The'remedies set forth in this article are interim measures which shall have no applicadon after a general plan has been 'reyised to substanGally comply with state law. , . . � (Added by Stats.1984, Ch.1039. See note followutg Sec�ionbS750.) 65763. (a) The provisions of ttiis article apply to all act�ons; p�oceedings, and causes of acdon set forth in this arficle, whether commenced or alleged by the filing of.a petition, complaint, cross-complaint, complaint in intervention, or otherwise, (b) Nothing in this article shall be deemed or construed w create any cause of acdon in or to confer standing to sue upon any person, entity, public officer, or agency in the State of Califomia, or any other public officer or agency. (Added by Stats. I984, Ch.1039. See no;e following Section C57S0.) Chapter 4: Zoning Regulations Article 1. General Provisions 65800.Itis thepucposeof thischapter to provide fortheadoption andadministration ofzoning laws, ordinances, rules and regulations by wunaes and cities, as well as to implement such general plan as may be in effect in any such county or city. Except as provided in Article 4(commencing with Section 65910) and in Section 65913.1, the Legislature declares that in en�png this chapter it is its inten6on to provide only a minimum of limitation in order that counpes and cities may exercise the maximum degree of control over local zoning matters. (Amended by Stats.1980, Ch. I152.) (Section 6580I repealed by Stats.1984, Ch.1009.) 65802. No provisions of this cbde, other thari the provisions of this chapter, and no provisions of any othercode or statnte shall restrict or limit the procedures provided in this chapter by which the legislative body of any county or city enacts, amends, administe�s, ar pi�� f�. �e administration of any zoning law, ordinance, rule or regulation. (Repealed and addeli by Stats. I965, Ch.1880.) 65803. Except as otherwise provided� this chapter shall not apply to a charter city, except w the extent fhaE the sarne may be adopted by charter or �dinance of the city. (Repealed and added by Stats.196S, Ch. 3880; Amended by Stau,1986, Ch.190. E,�`'ecltve Jitne 24,1986:) 65804• It shall be the purpose of this section to implement minimum procedurai sfandards for the `conddct of city and county zoning hearings. Farther, it is the intent of the Legislatvre that this section provide such scandards to insure unifonnity of, and public access to, zoning and planning hearings while mainfainuig the maximum control of cities and camties over wning matters, The following procedures shall govem city'and county zoning hearings: (a) All local city andcounty zoning agencies shall develop and publish procedural rales forconductof their hearings so that all inteirsfecl parties shall have advance knowledge of proceclures to be followed. (b) When a matcer is contested and a request is made in writing prior to the date of the hearing, all local city and connty planning agen�ies shall insur� � a record of all such hearings shall be made and �duly . pre,se�ved, a copy of which shall be available at cost Tiie city or county may require a deposit from. the person ' making the reques� (c) When a planning staff report exists, such repor[ shall be made public prior to or at [he beginning of the hearing and shall be a matter of public record. _. (� When any hearing is held, on an applicadon for a change of zone for pa�els of at least 10 acres, a staff report with recommendations and the basis for such recommendations sfiall be included in the record of the hearing. _ Notwithstanding Section 65803, this secfion shall apply to chartered cities. (Added by Stats.1971, Ch. I714. j Article 2. Adoption of Regulations 65850. The legislative body of any coanty or city may, pursuant to this ohapter, adopt ordinances that do any of the following. (a) Regulate the use of buildings, structures, and land as between industry, business; residences, open space, including agriculture, recreation, en,joyment of scenic beauty, use of natural resources, and otNer P��• Applicabili[y Purpose � Exelusive lnethod Charter cities Minlmum staadcnts Regulatio� by ordirtance 1993 Ptanning, Zontng, and Development Laws • 61 '�T",.6 PLAh�w'TNG AND 7ANING LAW `"� �n . � � 1 � 1 l �- 'rezontxg :oairtg eonsisteeicy �general plan 'rocedun without �ritmis.stoh �eonsisten y of :neral plae and ��:., odct to asstsror rowrh llmuaHoe rlinance ftxdixga (e) When an interim ordinance has been adopted, every subsequent ordinance adopce� p�t �� section; covering the whole or a part of the same prnperty, shall automatically term;nate and � of no further force or effect. upon the teimination of the `first interim ordinance or• any exteasion of��the ordinance as provided in this section. . , . " (AmendedbyS(ats:1982.Ch.1108,AmendedbyStats 1984;Ch.1009;AmendedfiyStats:-I988,Ch.I408; Amended byStats:1992, Ch. 231,) . . _ � 65859. Acitymayprezone unincorparated tem[o�yadjoiningthe city for thepur��oseofdetermuungthezoning that will apply to such property in the event of.subsequent annexation fo-.the:city: The method of accomplishing such prezoning shall be as provided by this chapter.for zoning within.the city. Such zoning shall become effective at the same time that the annexadon becomes effective." P!usuantco Sec6on 54790, those citiessubject to such provision shall complete prezoning proceedings as required by law. Ifa city has not prewned terri[ory which is annexed, it may adopt an interim ordinance in accordanca with the provisions of Secaon 65858. (Amended by Stats.1980; Ch.1132.) 65860. (a) County � city zbning ordinances shall�be consistent with the general pian of the coanty or city by January 1,1974. A zoning ordinance shall be consistent with a city or connty gene�al plan �1y i�;�q� �e city or county has officially adopted such a plan, and (u� the various land uses authoraed by the ondinance are compahble with the objecfives, policies, general land uses, and programs specified in such a plan. (b) Any resident or properiy owner within a city or a county, as the case maybe, may bring an action in , the superior court to enforce compiiance with the prd�isions of subdi`rision (a). Any such acfion � proceedings shall be governed by Chapter 2(commencing with Section 1084) of T'rtle i ofPait 3 of the Code of Civil Procedare. Any action or praxedings taken pursuant to the provisions ofmis subdivision shall be taken within 90 days of the enactmentof any new zoning ordinance or the amendmentnf any ezisting wning ordinance as to said amendment or amendments. (c) In the event thata zoning.ordinanc� becomes inconsistent with a general plan by reason af amendmeat to such aplan, or to any element of such a plan, such zoning ordinance shall be am�ded within areasonable time so that it is consistentwith the general plan as amended. (� Notwithstanding Section 65803, this section shall apply in a charter city�of 2,000,000 or m�e P°Pu�ati°n w a zon�� ordinance adopted prior to January 1, 1979, which zaning ordinance shall be consistent with the g�eral plan of such city by July 1, 1982. (Amerafed by Stats 7979, Ch. 304.) _ _- 65861. When there is no city planning oommi�ion� ihe.legislative body of such city sball do all ti�gs reqmred or suthorized-by this chapter of the city planning commission. (Added by Stats:1965. ,Ch.1880.) _ . � ' ` ``, 65862. When.inoonsisteacyhetween ihegeneralplan and z�ning arises as aresult ofadopt�onoforamendment to a general plan, or any element thereof, hearings held pursuant to Section 65854 or_65856 for the putpose of bringing zoning into consisten�y with th� g�� p�� uired by Section 65860, may be held at the same time as hearings beld for the purpose of adopting or amending a generai plaq or any element thereo� However, thehearingon thegeneralplanamendmentmay, at the discmdon of thelocalagency,beconcIuded prior to any considerarion of adoption of a zoning change. _- .._ It is the intent of tl�e I.egislature, in enacting this.section, that local agencies shaII, to the ezte�tpossi'ble, conavrrentlY.process aPPlicarions for general plan amendments and zoning changes which a� needed to permit development so as to expedite processing of such applicaiions. lRepealed anrl added by Stats..1980;"Ch. I1S2.) _ _ 65863.5. Whenever the mning wvering a property_ is changed from one zone to another or a zonmg variance or condi6onal use permit is granted widi respect to any ProPertl'. t}►e governing body of the city � county shall, within 30 days, aotify the county assessor of such action Notwithstanding Section 65803; this section shall apply to charter cities. ` . (Amended by Stats.1980, Ch: 411, F,ff'ective July ll,1980:) 65863.6. In carrying out the provisions ;of this chapter, each county and city shaIl consider the effect of ordinances adoptedp�suant to this chaptea. on ttie housing needs of the region in which the loca�j�isdicfion �is siwated and balance these needs against the public service needs of its residents and.available fiscal and �environmenfal•nesouroes..Any ordinance adopted pursuant w this chapter which, by its terms, limits the number of housing uniis which may be oonstru�ted on an annaal basis shall contain findings as p� the public health, safety, and welfare of the city a county to be promoted by the adopfion of the ordinance which jastify reducing the housing opportunities of the region. � (Amended by Stats.1981, Ch. 714.) (� � '.J • 1993 PlanNng, Zoning, and Devebpment Laws � i 4i � 25.04.060 opinion , of We couneil, after determination and recommenclation. by the commission, not obnoiuous or . � detrimental to the, welfare: of. the .community (1941 Code § 1920 ,(part), adcled by Ord. 539; January 4, 1954, and amended by Ord. 762•,• September 17,.. 1962).� 25.04.070 Uses limited to those �Pennitted. Excepting as authorized in this dtle, no premises . may be used, occupied or maintained, and no build-_ ing or improvemeat or premises.shall be, or shall be permittecl to be, designed, arcanged, inteuded, used, occupied, constcucted, established, maintained, altered or enlarged for any purpose other than for We , uses permitted by this title in the district in. which it is located: Uses not listed as permitted or conditional � shall be prohibited. Specification of protubiteduses in any district shall be for illustration, example or emphasis only, and shall not be interpreted or under- stood as aliowing uses neither permitted or ezpressly prohibited.. (1941 Code § 1920, added by Ord. 539; January 4, 1954, and amended by Ord. 162; Septem- . ber 17, 1962 and Ord. 1403 § 6; February 5, 1990). '�1 25.04.080 ConsisEency with general or speciFc plans and CEQA. Approval of a zoning, rewning, variance or use . �permit pucsuant to _this title shali be based on a finding that the approval is consistent with the general plan and applicabte specific plan adopted by the city council. Applications for a zoning, iezoning, variance or use permit st�all be denied if found to be inconsis- tent with the geueral plan or applicable specific plan. Prior to taking action on any application, the approv- ing suthority, i.e:, planning .commission or city council, shall review the euvironmental status of the project for which the application is being made, Unless the�project is categorically ezempt or received a negative declaration, the approving authority shall have certified the environmeutal impact report as complete and adequate before action on the applica- tion. (Ord. 1229 § 1; July 19, 1982). ; - `� 0 362 - 2 _ Jtr[.Y 1992 , , , . �' �'. , J � . �,�„ �, � � _ ^ � ' �, • �.. �. .V � �� Q� �Q •O « �. � � i va..y + . _ . ; x.� rG; } _� c or � a n rr �r sz u � _ �w . Z�.7i" . � 9 I! �d � d! If. Iap �- 6 7 �L D f I j. C , _� �� I� iO � �.� 0�� s0 •� 0 Q� 0 � � �F�� e � l e� 0� .'Cy . Q Q 0 ' u - ru iz n u �z a ar; ';: i:. � N u H w - ' . . 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R. � `. � O ' . { �2$ . � . � BROADWAY COMMERCIAL AREA - � , K f' i 11� � City of Burlingame ChaPter 25�.36 Planning Department 501 Primrose Road (415) 696-7250 BurZingame, Ca. 94010 C-1 DLSTRICT RF,GIII,ATIONS 25.36.010 Scope of c�egulations. 25.36.020 Peimitted uses;'. : : 25:36.030 Conditional irses�.p�.�C.,'ng a sE�;� �� , 25.36.031 Permifted t�ses in B�liingame Ave- nue Commercial Area. 25.36.032 Condifional t�ses in the"B�lingame Avenue commercial area. 25.36.033 Nonconfornung uses in Burlingame Avenae commercial area. . ?5.36.034 Prohi6ited uses in Broadway com- mercial ama. 25.36.035 Additioual conditional uses in cer-� tain areas. 25.36.036 Grocery, drug and deparlment stores. 25.36.Q38 Food establishments in the Broad- way commecr.ial area and Burlingame Avenue oommercial area, subarea A. 25.36.040 Prohibited uses. 25.36.050 Ambiguity of use. ?5.36.060 Building regulafioas. 25.36.070 Height and bulk of buildings. .` 25.36.010 . Soope of regulafioos. The following regulations of this chapter sha11. apply to all Gl districts. (1941 Code § 1930 (part),. added by Ord. 539; January 4, 1954). 25.36.020 Permifted uses. The following uses are permitted in the Gl districts: 1. Advertising structuces, where such strtl�tures • are a componeut part of a building and used �for advertising the business Werein; - 2. Antique shop; 3., Automobile sales room; but excluding service facilities; 4. Barbershop; 5. Business office or agency; 6. Cleaning and dyeing agency; 7• Creamery, but excluding botYling or manufac-. ture of dairy products; 8. Dancing academy; 9. Dressmaking, tailoring, but excluding whole- sale manufacturing; 10. Electrical appliances, fiztures, radio, ete.; 11. Hotel; 12. Pet shop, but ezcluding breeding pemz, Jv[.Y 1992 boarding or kennels; ; . 13: Offices .. eacept health services, fwa�� instiditions - arid real .� estate; .. provided , that =}�alt� � services shall be permitted in the Gl porEion of �ose blocks bounded by . El. Camiao Iteal, Mum�iso� Drive, California Drive aad Dufferia�Aveaue; 14. Public eating establisiimeuts; � . 15; Shce repair_shop; _ 16: Stone or shop for the conduct of sny netail busiaess as othenvise hereia provided; _. - `.17: Wasliing machine reatal service, but eaclud-- ing lauadries; : 18. Uses customarily incideatal to the sbove uses, and accessory buildings whea -located on the same lot; provided, that there aball be no mannfactur- ing, assembling, compounding. sP�Y�g, p�sing or treatment of pi�oducts other. than that wiuch is clearly incideutal and essential to a store or business and where all products therefrom are sold on the premises. (1941 Code § 1930 (A), added by Otd. 539; January 4, 1954, and ameaded by Ord. 1058 § l; January 5, 1976, Ord. 1184 § 1; July 7, 1980, Ord. 1229.§ 2; July 19, 1982; Ord. 1403 §$ 7, 8; Feb.ivary 5, 1990, Ord. 1418 § 1; August 20, 1990 and Ord. 1426 § S; November 5, 1990). �`t 25.36.030 Conditional uses reqitiri[tg a special permi� The following are conditional uses reqairing a special p�rmit: - � 1. A11 permitted uses and all uses allowed with a conditional use pernut in the R distiicC, and aabject to the same regulations and restrictions aPP1Ying to those � uses in their res�ective districts, and.subject to the building restrictions prescribed in Secfions 2536.060 and ZS.04.080; . 2. Public garages; 3. Gasoline service stations, subject to regula- tions prescribed in Chapter 25.74; 4. , Transportation terminal, depot, statioa ticket -offices and any building or stiucture used for the accommodation of pas.seugers; 5. Parking lots, sabject to the regulations pre- scribed herein; 6. Mortuaries; , 7. Financial institutions; 8. Dry cleaning processing plants; 9: Other uses similaz in character to those enumerated in this section which will not be obnoz- ious or detrimeutal to the neighborhood in which they are located; `'10. Any structure that is more than thirty-five feet in height; - lI. C-2 uses in the block described in Section 362 - 35 �` i IR . ... . . .._ . . � 25.36.050 � - meudation ro the city.councii by resoluaon of record. 1930 �, ;added ;by Ord,�39;.]_aa.. .4 '.. �. J -- �' .19�54,.,end setting forth its �adings aad ieasons for �uch:cla� ;; ,. ame�dad Oc�d„'.;lOZS �:.7• 6` � P cation.. i941'Code{ 1930 ` '�` .� - = ��1,_',:.�`� �`<<' ,�� .. � (D)� added by �rid. 539, ,` � " � ' = January 4, 1954) _ �' ;'�,� jF"�T'-' , -. ,., � 25.36 060 '.� Bu��g regu(ahous ``: t � •: 1.`Only �e bw'ldwg des�gned oc u'sed soldy sis :_: a res�deace`for ona;or more"families shall be located,. ;= . erected or maintairied on one Iot ` ,_.:, _, 2.� :All.'building segulahons, .:mstnchons and. limitations rela6ng"to dwelling:;units ia R districts; " . shall apPly to dwelling iinits in C districfs,: except`as'�� pcnvided in this chapter. . � ` _. 3. In a building designed to be used, or:used, for commeccisl piirposes in a po�tion of wIuch a dwelling� for residence of one or niore families is located oa .` tlie same story as the.commencially used portion, the following regulations shall.aPPtY� ' - , (a) Tiie area and average width of the lot sliall be :•: .: the same as provided in�R districts;- � _ ---- (b) That portion designed to be used;. or used, :as a dwelling -or resideuce shall be subject to tfie .. setbacic reqdireaieuts and lot coveiage requirements as. provided.in Chaptes 25.28 iof ttiis oode:'�. " 4. In a building designed to lie i�sed, or.used, for . commeccial Purposes, aad'in a poition qf which a'= _ dwelling for one or moie families is located in '� another story than that portion used commercially, the following regulations shall apply: � (a) ,The `area and avetage; width of the.' lot on :: d w}ucti such building Ls located sball'be the tsame as -;: .. . provided in'R districts, and'-the area'of �liat;porhori'.'- `:. ._. -: designed to be used, ss a�sidence or dwelling sha11._ be no greate; thau the area wluch woyld be perauttad �'' in the'event sach-portion were `located on the `g�und � floor or story of such building; = �_ (b) That pbrtion designed io be used; or'tised, as_ _ a dwelling or resideuce sball be subjeoE"="to" .the setbacic requiremeats and lot coqerage requiren�ents ..; as,provided m C�apter 25:32 of this caie, =. . .' (c) Tliat poition nsed; or d"esigned to be Usad, for �� ,: commercial purposes must conform to all ordinaaces `' ` of the building code ot`others relating to' fire, o= .,: ` health proEection: (1941 Code § 1930 (L�; added iiy. ._. ' � Orcl. 539; January 4, 1954,'"ameuded by `brd.' 1460 '' ;'' � 2 (Part); May 18, 1992.) Zs.�6.o�o H�;g�t �a b� oe 6��, -- Every' buildingheneaftei� construoted; reca'nstnict : ed or i�elocated upon any lot or lots'in a Gl'dishicE' • shall not exceed a height determined`by its`relatioa Eo : the area of tlie lot or Iots upon which the.building is ` located in fhe ratio of three square feeYof building to one square foot of land. (FAR`= 3.0). (1941 Code § _. <;z:._. � , _ . ` ,: , ... �::._ ._ .... .. � a 362 - 38. " � Jur.Y 1992 N � ,� •�;� t� __ -�^� ya �� P� 0� � �v � _ , ••,� � � Y LoGAT 1�N o� WORIG, 1128 CI�I�G�1-�4 V/5'�,1-,g,-��.._- - � � y F2�N�Is�° \� S A. N _ .. �,`,: w \ �� .�Y �� L a� ii � t�{.� J�f! � �� -� �.. . ....�,.�,� �t� ��T :�-��_ � �� ;. . . , .-�,...._..__..,._.._ _. ._ .,. , � � � � , I i" . , .� ' . �,. , ' . . . ., ' . .. � � '�I .. _ . .. , . . :' , �_ ��` �� , �� , .� � /�el �^CJ��^ \ / \\ � CITY OF BURLINGAME SAH MATEO COUNTY CALIFORNIA em�m: • • 11— 6 • 1909 r ,,,, anarxw�scuc • �� ; ,�, � , ,� � REZONING REQUEST C-1 TO R-3 AT 1128 CHULA VISTA AVE. EXHIBIT 1 � FORNIA C + � �.SAN MATEO OR. � u6z zs w 64� ' 45.47G' 50' /w po' qo' So' - - 50� 30' 20 Ia 4a' So 50' �y � � w 30 � �O O O O;� z� �� O � �I _ PARCEL A � � �' � "'� � � _ ; � _t� , I 2 6� 7 8 9 /0 �/ s... �o /2 � / \ � � , � ^ 1's � � � 51.9oG' S0' I o� 50' - 50 BO' f So' o m 50 � - a 5B39G' So' 5a' 1� Aa' 50' • . _ — -- 50" � ' So. � � :�°;: I 23 22 � 2/ 0 /9 /8 /7 /6 /5 /4 /3 28 � m � ' � � G-1 112$ p-� �-�� R-3 t�-3- � C- j =�� -- ` C. - _ �, � O 2/ � O /, /B /7 /6 /5 O /3 /2 25 70.22G' So' 60 la 4a' 5a' - - - • 50 50. � ! I . � CHULA V/STA- --� �-- � o � u �z�z5w 5.l9G 5C' . 25" I25' So' .. .. . _ _ . .. 5p 5p � I.�� i j 261 0 � � O ,� �� j O� � . I i �� . _ � m , � �' � �' , iw = , � . � , �' 2 ; �� W � io <� � 4 5 6,_ 7 8 9 /0 // �/2 � 0� / Q:3 � g I I � I/3 Q" �.� 25 5� 192 �_ �� a 50 O "' .. .. .. . - - _ .. �� s � h 38.3�' So'-- - 5o N 50� �� z� I 25 24 23 22 2/ 20 /9 /8 /7 /6 /5 /4 N 27 � �i ,.. � , . 'i _ : - . . - - . --.: �..: . 1 + O 2/ 20 /9 /8 /7 16 /5 /4 /3 /2 // � O 5o.rn' 50' - � so' � 50' � � LAGUNA "� N `2 2 5' W � 65.45' 44.35� ' 4e' . 50' - .. - - 50' 40' lo . 50' � 50' � � I „��.�� ..z0 O O O O O O�o �� -; �z Q O ioo ... � � � I � v � � O loo• � hl=' I I = _ �� I 3 � 4 5 6 7 8 9 /0 // /2 �/3 / b b 3 a � w . •17.48' .. �o � �'^ 67.48' 82.62�' %� -0ff Z So �^,� - /" 50' 40' 10� 50' ^� o�. .3 „*� _ �a ': r �y�,��.�s r,vm.a. �f � .�'.. � _ . � �� ` REZON2NG REQUEST .�,. � C-1 TQ R-3 AT - - � � . _ _ - � �: =�� ..:( { ,� � , � 1128 CHULA VISTA 'AVE. .� � �;� � �: � „� ' �; � � �� - �_ ��* _ �. �_ � �`�� tr� d � ,n �� : """"'l : � a `{� � ' - - � �;� �. 3 Y� "" y� �� ' �, �� L �"i"+�"• �;, i � f '"�� . .. . ''� � . �._� ;�, � . r �'��: _�-:�� x-. � w�. �� '� '�` 3 -�S °i � �� .: g -z �� '�,�� t �� ! ��" �� a � �� _ � � ' �� Jfl �, � � � � � : �` ��.,._,�:�`� �� - ��-�,� �� ..�, -. y � ��,��z. , ��.. "� "_ -q�� . ��' � � � � �� j: � A� ,� .� €- va �r` � p�—' � �_ � t� __�, �: a • . � , , : ., _ � GENERAL PLAN � ! GOALS 1. GOAL: To assure that Burlingeme wi11 continue to be a"well-rounded" ' c_ity with residences, schools, business, industry, and space and facilit.ies for social, recreational and cultural activities. ; Implementing Objectives a. Maintain or increase the variety in uses of land in the City. b. Maintain a variety of sites differing in size and location suitable for a wide range of activities�. c. Encourage assembly of small lots in suitable locations to provide larger sites for apartments, office buildings, and . commercial enterprises. d. Encourage the establishment of businesses, professional offices and institutions to serve residents. e. Keep codes and standards free of arbitrary or obsolete provisions that would tend to inhibit construction of sound buildings in suitable locations to house a variety of uses. f. Provide for and accommodate a range of types of transportation facilities, public and private, to meet the diverse needs of the various segments of the population and business enterprises. g. Provide a wide ran e of public facilities and services (parks, cultural facilities, utilities, schools, etc. to serve residents . and business enterprises. 2. 'GOAL:` To maintain and enhance the identity of the City and encourage a maximum sense of identif.ication by residents with the.City. Implementing Objectives a. Maintain and enhance rational relationships among functional parts of the City (residential areas, business districts, industrial areas, public areas, transportation, etc.). b. Provide improved connections (vehicular and pedestrian) for . portions of City now isolated by barriers, e.g., railroads, free��ays. � c. Establish a pattern of dominance and subordination in important . visual features; create harmony with diversity. d. Create distinctive visual qualities - a Burlingame image (analyze existing visual qualities and build on the best of these). ' � e. Develop identifyirg features at entrances to the community and at focal points; encourage construction of buildings adequate in scale and height to provide identifying elements. 3 r� � ' ` � f. Use trees of appropriate size and character as a design ,framework to enhance a s�nse of �identity. � g. Use "street furniture" distinctive in design and coior. 3. GOAL: To maintain and strengthen local sources of revenue to enable the City to continue�to provide services and facilities at present Or improved levels without increasing local tax rates. - Implementing Objectives a. Maintain reasonable balance between those land uses providing - high tax revenue and low service costs, and those uses with high service costs and low revenue yield. b. Require quality and permanence in site improvements and land _ devetopment projects to minimize depreciation. c. Require forward-looking design to minimize obsolescence. d. Encourage sound construction and good maintenance for all buildings. e. Enhance land values end economic opportunity by oroviding efficient connections between functional parts of the City and good access to land to permit development of uses � appropriate in type and intensity without undue congestion. 4. GOAL: To maintain and_improve the quality of the environment to preserve the public health and enhance the prospec.ts for enjoyment by residents and visitors. Implementing Objectives a. (nsure levels of air quality compatible with the preservation of public health, including prevention of irritation to the senses, interference with visibility,.and damage to vegetation. b. Maintain and improve the quality of water in San Francisco Bay and in the streams flowing through the City. c. Maintain the pleasant appearance prevailing i� most of the City's residential areas and improve the visual quality in areas of less satisfactory appearance. d. Improve the visual quality of commercial and industrial areas with particular attention to the Central Business District, Broadway, and the industrial areas viewed f rom major highways. ,e. Protect the citizens of the community aqainst excessive noise. f, As�ure opportunities for privacy in places of residence, work, and business, end for leisure pursuits. 4 , , � �. , � n� , � g. Provide or encourage the provision of places of ineetinq for social and cultural interchange.and the pursuit of group . objectives. 5, GOAL: To enhance the local economy and the prospects for economic well being for all residents. Implemen'ting Objectives a. Take full advantage of Burlingame's strategic location,, close to the regional center of the San Francisco Bay Area, edjacent to the International Airport, and on the major traffic routes linking San Francisco with other parts of the State. b. Improve the functional efficiency and safety of the circulation s stem. " c. Minimize disruptive effects of vehicular movement on the community (noise, air pollution, vibration, glar.e, congestion). d. Improve the functionat efficiency, character and quality of the Cenfral and other business districts. h.. Provide an effective transition between retail commercial and residential uses to strengthen the residential character of the city. 6• Encourage mixed commercial uses to provide a transition between districts fully coutmercial �or residential and to provide housing opportunities for those dependent on � transit and desiring a pedestrian oriented living � environment. a 5 �: �,, �,.� , , _ _ _ -- LAND USE ELEMENT RESIDENTIAL —_ 1. LAND USE ELEMENT ' The land use element describes categories of uses,.indicates proposed land us.e relationships and.indicates proPosed land use relationships end identifies in.general terms actions needed to achieve community goals. For the �urposes of this plan iand uses are grouped in the following major categories: Residential Uses, Institutions, Parks, Commercial Uses, Industrial Uses, and Circulation. Each of these categories is discussed under a separate heading in subsequent sections. These categories and sub-categories are shown on the plan diagram which portrays general relationships between the various uses of land and between land uses and circulation facilities. The diagram is not-intended to indicat.e exact boundaries or extent of the areas. In some instances it may be appropriate for certain types of use areas to overlap so that uses of different categories actually interpenetrate. This would be true of office, shopping and service uses, and high density re.sidential uses when buildings and sites are appropriately designed. Residential Uses Four categories of residential densities with the follow.in� ranoes of dweiling units per net residential acre are included and shown on the plan diagram: low density up to 8 dwelling units per.acre; medium density 9 to 20; medium.high density 21 to 50; and high density over 50 dwelling units per acre. An area northwest of the Burlingame Avenue-Park Road shop�ing center is designated for high density residential uses in recognition of its special locational advantages. It has good access to ail forms af transportation and. proximity to the majoc downtown area in Burlingame. The dominant building type envisaged for this area is multi-story apartment buildings. Areas for medium high density residential uses are designated around the periphery of the Burlingame Avenue-Park Road center, around the Broadway shopping center, and as a part of the complex of activities in the Burlingame Plaza area. In addition, the frontage along most of .EI Camino Real� is included in this category. The medium high density residential areas in many instances provide a transition between higher intensity uses and adjoining lower intensity ,,uses. The�typical building type contemptated for the medium high density area �is the two to three story apartment b�ilding but higher buildings would also be appropriate. Nedium density areas shown on the plan diagra;n would be occupied in the.main by duptexes and one and two story garden apartment developments. Low density areas with single-family detached residences, occupy the remainder of the City. For the most part existing low density residential areas are well maintained and of good quality, requiring only that present zoning be maintained to ensure protection for the useful life of the dwellings (20, 30 or more years). 0 /ry � ' providing very much needed park space. LAND USE ELEMENT COMMERCIAL In addition, to augment the small sites of many of the existing neighborhood parks and elementary schools, acquisition of adjoining lots is recommended whenever such become available. In some instances street closings of very short sections of streets could be used to augment existing sites or to link schools and parks toget�her._ In some i�stances suyh closings would increase traffic safety.in. eddition to Cortxnercial Uses Three complexes of commercial uses are included in this plan: the Burlingame Plaza Area, the Broadway center, and the Burlingame Avenue-Park Road center. In these centers of commercial activity three general categories of commercial uses are shown on the plan diagram: Shopping and Service, Service and Special Sales, and Office Use. In addition to the commercial uses in these three centers of activity an additional category of commercial use, Waterfront- Commercial, is indicated along most of the waterf ront area. Burlinqame Plaza Area. This area includes outlets providing convenience goods and consumer services to local residents and workers; the Peninsuia Hospital and meciical offices; and.other professional-administrative offices. No changes are recommended in the pattern of uses presently established. The visual quality of the shopping center should be improved and the parking area serving the shopping center needs redesign and tree planting to improve functional efficiency and appearance. Broadway Center. Outlets in this center now provide convenience goods and consumer services for residents in the general vicinity. Although many of the businesses here are well established and apparently successful enterprises, better circu,lation, more parking, and better urban design would enhance this center. Separation of vehicular and pedestrian circulation and reduction of through-traffic on Broadway is needed. Recommendations for improving the traffic curculation pattern are presented in the Circulation Element. These include a gr.ade separation for the railroad tracks and improvement of the Broadway-Bayshore Freeway interehange to relieve traffic congestion at that point. Consideration should be given to creating a pedestrian precinct on Broadway in the section between Laguna Avenue and Capuchino Avenue. Additional off-street parking should be provided to the rear of present business outlets fronting on Broadway witn access to such ]ots from the �ev� streets indicated on the plan diagram. An urban design plan should be deve]oped for this center to provide more detailed guidance for.future ehanges. Burlingame Avenue-Park Road Center. This center inc�ludes outlets providing a wide range•of consumer goods and services for Burlingam.e residents and residents of adjoining communities. It also includes business service establish�ents, business and professional offices, civic buildings, and some residential uses. The following organization of uses within the center is recommended: shopping guods outlets should, in the main, be located along $urlingame Avenue and Park Road,in a pedestrian precinct; convenience goods stores, restaurants, and consumer service outlets should not occupy ground level street fr�ntage space in the heart of,the center but should be in more peripheral lo�ations; the frontage of the west side L. � C 12 a � ��p * �'' MEMORANDUM TO: PLANNING DEPARTMENT FROM: CITY ENGINEER DATE: APRIL 19, 1994 RE: CONDOMINIUM PERMIT FOR 4 UNITS, TENTATIVE CONDOMINIUM MAP AND TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION PURPOSE - RESUBDIVISION OF LOTS 20, BLOCK l, MAP OF 1128 CHULA VISTA AVENUE - EASTON ADDITION NO. 1, PM 94-2 CONDOMINIUM PERMIT _ I have the following comments which need to be addressed prior to any action. I GENERAL• 1. Al1 utilities to this site must be installed underground. Any transformers needed for this site must be installed underground or behind the front setback on this site. 2. Indicate that new curb, gutter and sidewalk fronting this site shall be designed by a civil engineer, approved by the City Engineer, and installed by this development. II SITE AND LANDSCAPE PLANS: 1. All irrigation systems and planting shall follow City's water conservation guidelines. III PARKING• 1. Show at-grade parking slab elevations. Maximum slope in any parking space is 5�. Show drainage pattern. 2. Dimension the structural columns and dimensions with respect to parking stalls, Columns that are on the side of parking spaces are to be clear of vehicle's side door access and should be at least two feet (2') clear of the rear of the stalls to facilitate maneuvering. � 3. Show callbox/intercom system to all units from driveway in front of security gate and at the top of the driveway so guests may have access to guest parking spaces. If no gate is planned, install conduit to all units so that if gate is installed in the future, tYie system may be easily installed. 1 � 1 � � �:. ;Y. 1 , � IV ARCHITECTURAL PLANS: 1. Show design of trashroom.and indicate size of receptacles, including receptacles for recycling. Confirm sizes needed with BFI. 2. Individual unit climate controls as well as separate shutoffs for gas, electric and water are required. Donald T. Chang,�.E. Assoc. Civil Eng eez c: Owner; Architect F:\WPSI�FII.ES\CONDOMAP.RVW (REVLSED 2I28/94) 0 2 r � 0 :':: � � 'i ..� pM1�� ROUTING FORM DATE: i ��2�' 9� TO: CITY ENGINEER CHIEF BIIILDING INSPECTOR ✓. cFIRE MARSHAL PARRS DIRECTOR • CITY.ATTORNEY FROM: CITY PLANNER/ZONING TECHNICIAN SUBJECT: REQIIEST FOR �-f- �i'{�J l 7 C��lU/D ��/�YJI �� r��fl' � ��c��,�,{-t 'o-Y-� . - AT I I 2� G�i%r�G� 1/I SfG� SCHEDULED PLANNING COMMISSION ACTION MEETINGC REVIEWED BY STAFF IN MEETING ON MONDAY: _�' 2�'�� THANKS, Jane heri eah _ �St p�'�C� �� i � /�lo� �� i�ev��Q/ s�r�f�ce ,n/�' : Date of Comments �/o �� j�tc�t c e� - � uvci�s- ov�� J , . � '�U�l;�� r��l�� v I �PP� t,� i�- �J fl�� rtc� �12� �P21 t�1'�L�,��STc,i��- t � �i N�4�(�S M,u � � � (u-�� l��r��,a f��.I �N �P12oU�-� C��v �t�c: � .`�� CN s 0 ,� �� , , � `�-�. . ' ��.; _ ..�� ' DATE: a . rs ` 1 ..._ �`\ . . . i F !,' � ti,� �,,.-�CJ�UTING FORM � i� � ,�.� � ,,,�✓� ��--- +�'.;:,�� - - _ �g 537E. I � T0: � CITY ENGINEER CHIEF BIIILDING INSPECTOR FIRE MARSHAL � PARRS DIRECTOR • CITY ATTORNEY FROM: SUBJECT: AT � �1 SCHEDULED PLANNING COMMISSION ACTIOPi MEETING: REVIEWED BY STAFF IN MEETING ON MONDAY: THANKS, Jane/Sher'/Leah �� a�D �V�" !.� � �"� � - �� Date of Comirients �� 1 ` Gv r � l �.Q T�'Gt � !'e � � /LC�, l - '/�f'z cJ ��'ia �cl" �� d� �� l� T�'�� ' °�' ti�� . � ��i �s � , �� ! 1t�c�Y'� _ I�rL�or-isf ��or-�s atl-e �el� -�'� �. �r �N_i/v«.�e ��S �� t, t� i n� � a c�d �o y o�� u� �O� .rit p.�l' � G7� w� trE-'r'� � 6'�� S c� n� �_ � ,�c �� T- a-� Et�cL W� � � �� In.a�-e�� d� f �-e-� �a.f b-- � �.. -Y .��v �i. c :5 �� ,2 lr\.C'.�-t N�� tJd l- � A.0 l lG ��A.1'l VCt..VLI.G�. � LP S�G<`titPivJ � P .i CITY PLANNER/ZONING TECHNICIAN REQIIEST FOR �� c�.. �ev��s� �I^n � IG�-V11M.'V'�n vU�V \UJ�\�1U \ V �X \ 1� � J , Y-��`►�1-� 41M QJ►-�O�Yt�`�5 V�e�mni� i,U��u�- ��. c��l�^�—'�� (,U�, . �� I��i�` �u�� c� cS /LL�C� � . � � � V�S ��' �I I `5'" � IJ`� w � CI �Q �a� tess� r,� � eti ��'� c�,�s fv-u ��Gry �c u� �� a,►�e 5' �c� �i � � - �. '� � �.z, :; _ ; ��.�, � � ''OF BIIRLINGAME .,,�� ! �; '`�,, ' S01 PRIMROSE ROAD ., _ \ �' BORLINGAME� CA 94010 � (415) 696-725.0 NOTICE OF HEARING ' The CITY OF BURLINGAME PLANNING COMMISSION announces the following public hearing on MONDAY, TIiE 13TH DAY OF JIINE 1994 at 7:30 P.M. in the City Hall Council Chambers located at 501 Primrose Road, Burlingame, California. A copy of the application and plans may be reviewed prior to the meeting at the Planning Division at 501 Primrose Road, Burlingame, California. 1128 CHIILA VISTA AVENIIE APN: 026-191-190 APPLICATION FOR A NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT, REZONING, RESIDENTIAL CONDOMINIUM PERMIT AND TENTATIVE MAP FOR A FOIIR IINIT RESIDENTIAL DEVELOPMENT AT 1128 CHULA VISTA, ZONED C-1, BROADWAY COMMERCIAL DISTRICT If you challenge the subject application(s) in court, you may be limited to raising only those issues you or someone else raised , at the public hearing described in the notice or in written correspondence delivered to the City at or.prior to the public hearing. Please note, when possible, and when multiple family or commercial development is involved, this notice shall be posted in a public place on the project site and on neiqhboring buildinqs with tenants. MARGARET MONROE CITY PLANNER JUNE 3, 1994 � �� 0 RE$OLVED,: � WHEREAS , a neg has been made for a_� �� - ��. , � �._� ,P.�N, GENERAL PLAN �rTNIUM PERMIT � . ..'�. - . . � `". �:ssion of the . City of Burlingame that: ration has been proposed and application , T,,.....:a,..,.._L �- ' - � - � a•=u ..�naominium Permit for` a four unit residential c.ondominium ro'ect at 1.128 Chula`vista Avenue zone.d C-1• APN 026-191-190; ro ert owner: Borel Po lar' Develo ments 720 El Camino Real - Suite 101 Belmont. Ca 94402; and WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on June 13. 1994 , at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that: 1. On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this commission, it is hereby found that.there is.no substantial evidence that the project set forth above will have a signific�nt effect on the environment, and Negative Declaration ND 471-P is hereby approved. 2. Said General Plan Amendment, Rezoning and Condominium Permit is approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for" such general plan amendment, rezoning and condominium permit are as set forth in the minutes and recording of said meeting. _ 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. _.,CHAIRMAN r I, Mike Ellis , Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced,and adopted at a regular meeting of the Planning Commission held on the 13th day of June , 1994 ; by the following vote: AYES: NOES: COMMISSIONERSs COMMIS.SIONERS: ABSENT: COMMISSIONERS: SECRETARY 1 ,'�7Ya t.,�' � , CONDO. �GSN.PyADI ,qNIgDTDXSNT�RSZOXS ZI28 CBDLA_VISTA AVS. EXHIBIT "A" � Cond�tions of approval Negative Declaration, General Plan Amendment, Rezoning and Condominium Permit 1128 Chula vista Avenue effective June 20, 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.l9, 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 -sa3e 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_ applianees 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 shal]. be designed to city standards and shall be managed and maintained by the condominium association to provicle 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 br 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. 2 0 CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 (415) 696-7250 NOTICE OF PIIBLIC HEARING - The CITY OF.BURLINGAME CITY COUNCIL announces the following public hearing on TUESDAY, THE 5TH DAY OF JIILY 1994 at 7:30 P.M. in the City Hall Council Chambers located at 501 Primrose Road, Burlingame, California. A copy of the application and plans may be reviewed prior to the meeting at the Planning Division at 501 Primrose Road, Burlingame, California. 1128 CHIILA VISTA AVENUE APN: 026-191-190 APPLICATION FOR A NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT, REZONING, RESIDENTIAL CONDOMINIUM PERMIT AND TENTATIVE MAP FOR A FOUR UNIT RESIDENTIAL DEVELOPMENT AT 1128 CHIILA VISTA,.ZONED C-1, BROADAAY COMMERCIAL DISTRICT If you challenge the subject application(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in the notice or in written correspondence delivered to the City at or prior to the public hearing. MARGARET MONROE CITY PLANNER JUNE 17, 1994 RESOLUTION N0. RESOLUTION APPROVING GENERAL PLAN AMENDMENT, CONDOMINIUM PERMIT,NEGATIVE DECLARATION AND SUBDIVISION MAP - 1128 CHULA VISTA AVENU� RESOLVED, by the City Council of the City of Burlingame that: 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. � 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 condomi�ium at 1128 Chula Vista Avenue, as more fully set forth in said application dated , 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 bf 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 2 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 5th day of July, 1994, and was adopted thereafter by the following _ vote: ' AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 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 aiid Tentative Map dated April 15, 1994; - 2) that the aonditions 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, incliading but not limited to the roof, painting, common area carpets, drapes and furnititre; 5) that the project requirements of Building Codes Burlingame; 6) shall meet: all federal access standards, all other the Burlingame Municipal Code and the Uniform and Uniform Fire Codes as amended by the City of 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 CHOLA VISTA — APN:026-191-190 LAND USE DESIGNATION CHANGED FROM SIiOPPING AND SERVICE COMMERCIAL TO MEDIIIM HIGH—DENSITY RESIDENTIAL �L� � 1 - � -:� % _o � _- - � '� =/� � �� 64' e � - � " =' C/TY & COUNTY . � ` . GAL/FORN/A C.. Z , �� / � L �� u� s w 64' _ A5.47G ::>:gp �h�- . �p� . qC• yp• ' Sa 80' ZO 1D " iQ ��o � � a �-. �i . z� � "' =�I ' PARCEL A � I "_' � . ""� __ _I I � 2 ` 5 6 �. 7 8 9 /0 �/ 5�` �o � ' q 57.8oG � 5G' � a� ao 50' (�7 I Sp� � 30. p f.5. � N �. �, 5e.�' So�_ . 60•. �a ao• 50. _ - - '°.:� 1 23 22 � 2/ 20 {9 /8 /7 � /6 /5 /4 �G-I �� {,.� C-1 � C-I II2$ R„3 R-3 R-3 R-3 R.3 I - R- 3 „ �2 �- /3 I � O 2/ � O /9 /B /7 %6 ` /5 O /3 /2 70.224' 60' 6a w 4a' 50' . - 5a C-� , � CHULA V/ST.4- R •� FJ G2' 25 W �N. 50 - . �,5' {25 . 50.' .. _ .. _ _ .. �. � I -O �I �l I 26 � O O O O ,;FO O � I� � �I �i �. I � �r I �—^ 1 _� .�� 2« eI ..� 4 I 5 6 7 81 9 /0 . // /2 � ro e3 � � �? 25' ( � . - . �. � � � ,�n I /� .� m„ ye�� . _ - - _ � 92 _ _ .. �. � t I 25 24 23 . :...22 2/ 20 � /9 ;:.�8. = /7 . /6 /5 /4 h � n `�.O , 2/ O /9 /B /7 %6 . /5 , /4 /3 /2 // � � O I too• I �—� �T Ioo � 1 i 9i 50 ' 60' . LAGUNA -- - . N�2'26'W ' 4d35' ' A6' , 5a� - .. . . " 50' 40� to 50- ��3.cO I2O O O O QJ �O O9 /O // �/2 � F � � �� - I 3 � 4 5 6 7 B� 9 /O // /2 �/3 b � �•n.4e• _Z. l2.52 i 4ff 50' /' 50' 40' 10� So' . . .. . .. . I 93 : � , �� - - �� 25 24 23 22 2/ 20 /9 /8 ./7 /6 /5 /4 23 22 I� ~ 2/ O /9 /B . /7 /6 /5 /4 /3 r �� 1 • � I � � PALOMA EXHIBIT "C" CITY OF BIIRLINGAME NEGATIVE DECI�ARATION File No. ND- 471 P. 1128 Chula Vista Avenue The City of'Burlingame by Margaret 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. Project 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 commeraial, 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 Mnnicipal 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 re.quest, 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 �nvir'onment as proposec�. Because the property has been developed for many years as a sirigle family dwelling (the lot is now vacant) there will be no impacts on the n�tive 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 fiave a significant effect on the environment. Ut� Si a ure of Processing Official �� , �� Title Date Signed Unless appealed within 10 days hereof the date posted, the determination shall be final. Date posteci:� � � .3 � / T Declaration of Postina 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 �'3 1994. Appealed: ( ) Yes ( ) No n � . � - - � ` JUDITH� �IALFATTI, CITY CLERK, OF BURLINGAME � ,� „ � Four Unit Condominium - 1128 Chula Vista Avenue, Burlingame, CA. General Plan Amendment, Rezone and Condominium Permit TNiTTAT . STUDY SZnVIMARY 4-20-94 This project, as proposed, wilZ NOT resuZt in the folZowing environmentaZ impacts: 1• EARTA: Dnstable earth conditions, dispZacements or compaction of soi1, destruction of unique geological features, increased water or wind erosion of soiZ, changes in a beach ecosystem, exposure of peopZe to hazards such as earthquakes, Iandslides, or ground failure. • Site is Iocated in an urban setting and had been developed for over 40 years as a single family dwelZing. The site is currently vacant. • Site is flat and no underground construction is proposed for this project. There wiZZ be no grading associated with this project. 2. AIR: Deterioration of ambient air .quality, creation of odors, or alteration of cli.mate, IocaZly or regionaZZy. • Site developed as a residential use for over 40 years. • Site has been zoned commerciaZ since the 1940's, proposed generate less traffic than a commercial use. objectionable use will 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, aZter the direction or flow or ground waters, changes in quantities of ground waters by any means, changes in the amount and availabiZity of water to the pubZic, exposure of people to water reZated hazard. • Site developed in residentiaZ use for over 40 years with about the same 1ot coverage of impervi.ous surfaces. • There wi1l be no grading associated with this development. • Site tied into existing water distribution Zines with adequate capacity i.n the system. • Water conservation required to compensate increased density. 4. PLANT LIFE: Changes in diversity or number of any species of pZants incZuding endangere.d species, introduction of new species of plants into the area, or reduction in the acreage of any agricultural crop. • No native plant life exists on site. • Condominium project wiZZ comply with city reforestation ordinance. 5. ANI1xAL LIFE: Changes in diversity or number of any species of animaZs incZuding 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 existinq fish or wiZdlife habitat. • No native animals exist on site. • Aesidential site may zncZude domesticated animaZs. 6. NOISS: Increases in existing noise or exposure of peopZe to severe noise Ievels. • Site developed as singZe family resi:dential for over 40 years. • The condominium design is consistent with the General P1an Noise EZement. 7. LIGHT & GLARB: Extreme increases in the amount of liqht and glare in the environment. • Bxisting zoninq aZlows commercial development which potentially couZd have a Zarger Iiqht and glare impact than muZtipZe famiZy residentiaZ use. 8. LAND DSS: 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 eZement amendment because the proposed chanqe is a singZe Zot in a transitional Zocation. Change in use is aonsistent with the current Iand use eZement. 9• NATURAL RESODRCES: Any increase in rate of use of any nataral resources. • Development wi11 meet aZ1 current conservation requirements. 10. RISR OF UPSET: Any risk of explosion or reZease of hazardous substances or materials ( including but not limited to, oiZ pesticides, chemicaZs or radiation ),in the event of an accident or upset situation, possibZe interference .in an emergency response or evacaation pZan.. • Structure wiZZ meet aZZ Uniforzn BaiZding Code and Uniform Fire Codes as amended hy the City of Burlinqame, as well as, plumbing and seismic construction standards. 11. POPIILATION: The aSteration in Zocation, distribution, density or growth rate of the human population. • The past residentiaZ use was an ander use of the commerciaZZy zoned property. _ • The proposed deveZopment wi11 a1Zow for a minor increase in population by the addition of 3 more Zivinq units. 12. AODSING: Displaaement of any residents or create a demand for additional housing. • The existing Iot is vacant. purposes of this proposaZ. � The proposed use wiZ1 create reduce demand for housing. No dweZlings are beinq demoZished t'or the four additional housing units which wi1Z I3. TRANSPORTATION/CIRCDLATION- Generation of substantial increase in vehicular traffic, strains on existing parking faciZities or new parking, substantiaZ impact on existing transportation systems, alterations in present patterns of circulation or movement of peopZe or qoods, increase S.I1 traffic hazards to motor vehicles, bicycles or pedestrians. • A11 required parking is provided on si.te for this deveZopment. • AZZ existi.ng roads and highways serving this area are operating at service ZeveZ C or Zess and have adequate capacity ior the minor increase in trips generated by the addition of four dwelling units. 14. PUBLIC SERVICSS: The need for new or aZtered governmentai services, such as, fire protection, police protection, schooZs, parks or recreational facilities, maintenance of public faciZit�es, including roads and/or any other type of governmental services. • AZZ established pubZic services serving this site are properZy sized to accommodate_an increase from a past singZe famiZy residence to the proposed four unit condominium. 15. ENSRGP: The use of substantial amounts of fueZ or energy, substantial increases in demand upon existing soarces of energy, the need to deveZop new sources of energy. • There wilZ be no need to develop new energy sources since this Zot has been deveZoped for over 40 years and the change in number of units is minor: 16. UTILITISS: The need for new systems or substantial aZterations to the foZlowing utilities (not including initiaZ hook-ups to existing systems) power or naturaZ gas, communication systems, water, sewer or septic tanks, storm drainage, solid waste disposal. • AIZ existing utilities have adequate capacity for this project and no new sources or services wilZ be required. 17. HDXAN ASALTA: .Creation of heaZth hazards or potentiaZ health hazards or the exposure of peopZe to potential health hazards. • Since this site has been deveZoped 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 potentiaZ heaZth hazards at this site. , 18. ASSTASTICS: The� obstruction of any scenic view or vista open to the pubZic, or the creation of an aestheticalZy offensive site open to the pubZic. • The mass of the proposed development on this site wi1Z change from the past sinqZe famiZy dwel.Zing to multiple family residential. With the zoning change and generaZ pZan amendment the proposed project wilZ,be within design aZlowances of the Zoning ordinance and wi.Z1 therefore, be compatible wi.th both the adjacent existing commerciaZ �ses and m�rltiple family residentiaZ uses. ju i k. � � , � � � 19. RECRSATION: Any negative impact on the q�antity or quaZity of existinq recreational opportunities. • No recreationaZ uses wi1Z be affected. There wiZl be a sZight increase in demand created by the residents of the three new units. The capacity in existing faciZities is adequate to acbommodate the increase in demand. • 20. CDLTURAL R.ESOaRCSS: The destruction of prehistoric or historic archaeologicaZ sites, the i3estruction of any unique ethnic or culturaZ vaZues or restrict any existing reZigious or sacred uses within the , potentiaZ i.mpact area. • Site has been deveZoped with a singZe famiZy home for over 40 years. RedeveZoping this site wi1Z not destroy any historic, ethnic, culturaZ or reZigious uses. :iwsmsunt.rxnt �n�.rf =,o,,,,,�rJ � � —� , ORDINANCE NO. AN ORDINANCE AMEIVDING THE BURLINGAME MUNICIPAL CODE AND THE ZONING MAPS THEREIN INCORPORATED BY RECLASSIFYING 1128 CHULA VISTA AVENUE FROM C-1 DISTRICT TO R-3 DISTRICT The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. Section 23.12.010 of said code and the zoning maps attached to Ordinance No. 539 are hereby amended to reclassify Lot 20, Block 1 of Easton Addition No. 1, Recorded in Volume D of Maps at page 51, commonly known as 1128 Chula Vista Avenue, (APN 026-191-190) from the First Commercial. District (C-1 - retail commercial) to the Third Residential District (R-3 - multi-family residential). Section 2. This ordinance shall be published as required by law. � Mayor I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a.- =- � regular meeting of the City Council held on the day of , 1994, and adopted thereafter at a regular meeting of the City Council Yield on the day of by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: , 1994, City Clerk j�'' .\ a . ��R�. � � \ f; ;• �..:; iias CHULA VISTA APN:026-191-190 REZONED TO R-3 FROM C-1 ` � " - C/TY & COUNTY . i ., ' " . � " CAL/FORN/A C� � __ (s,v u� s•w , .. -� . - -�64� A5.47G ' -�z:b0 �: 4,_ Ip� . . 40' S0' � ✓`�� 9Q' 20 40 � b �� N I� �� O. IV` O O_ O � 27 , // � ;'I � _ .PARCEL A 'n � � � '-'I � Lt� . I 2 5 6� 7 8 9^ /0 �/ 5� io /Z \ � / 1 � 57.9oG � 5a' I o� •" aa 5a I�� 50� � s� ��' So � � - - - � 58.3'�G' 50' . bo. � �. 5a. . _ �. �� ;��_.: 1 2,3 22 � 2/ 20 /9 J8 /7 - /6 /5 /4 /3 � �G-I �� C,-� C-1 � C-r R 8 R..3 R-3 R-3 R-3 R-3 I O 2/ � � O /9 /B /7 /6 . . � . /5 O /3 /2 7a.22G 60' 6� a �' 50' - - 5Q C�, �� CHULA Y/STA- � •. � u�2�25�W : 3 �t1 SD�G 5a' -__ 25' 25' So' .. . _ _ _ _ .. �. � ,� � ► _o �; �; ; ; z6 � o 0 0 0 � �.�o o � � � � � � i �) ,, o -ry ; � I i = - �^ '� �•. ��__`� .Z w<i �n �:�_�4.�. 5 � 6 7 �_�8 r� ��. �� 0.�2 t �� = j � 3 �. g �``t i" . � - - �, � /3 O � � � 5C 25' 5 5�' _ � _ _ - 6� ' 192 : _ —� _ � h tQ�'. so >,,- - �- � sc" . �' `m � ` 2� I 25 24 23 .22 2/ 20 � /9 18 /T /6 /5 /4 �,i� � �_ � . �� I OO . 2� O /9 /B 17 %6 : /5 /4 /3 /2 // , - 5o.rtG 50' - --- _ 50' ' �; . , : � L4GUNA _. - - Nc2'26'W b5.c5' ' 4435� . A 50. � _ � . - Lo� 40' � 50' - � 0.� "��`0 � 2� � 0 � �� Q Q io n i i2 ioo ... � , � � I ' N O �=I�, _. N �ae•' �.��,.�3 � d 5 6 7 _8� 9 /0 // /2 i/3 , b p 3� OG7.49' M.62 i� 46 �� I 93 /" 5� 40' ta� 5a� � , h ^ � �. . _ .. . .. . . .. _ . �. a m �0� � 25 24 23 ' 22 2/ 20 /9 /8 , /7 � /6 /5 /4 , r .. ' . � ` (�y�� \•1D3! .:n . . � :?J� �\"�L_�N : /^fidSE. � . 64' . ~ ! 30�✓� g� 23 22 i� � 2/ O J9 /B . /7 /6 /S /4 /3 lO, so.ta: sc .. « •` � _ .. N62�zs�w ; i � � PAL OMA I [a y � T �, ITEM # 11 CITY OF BURLINGAME CONDOMINI UM PERMIT Negative Declaration, General Plan Amendmerit, Rezoning, Condominium Permit and Tentative Map for a 4 unit residential condominium. Address: 1128 Chula Vista Avenue Meeting Date: 6-13-94 Request:Negative Declaration (ND 471-P), General Plan Amendment to land use (C.S. 25.04.080), Rezoning from C-1 to R-3 (C.S. 25.04.080 and 25.16.020), Condominium Permit (C.S 26.30) and Tentative Map (C.S. 26.08.020) for a four unit residential condominium project at 1128 Chula Vista Avenue, zoned C-1. Applicant: Paul Gumbinger, Gumbinger and Associates Property Owner: Borel/Poplar Developments APN: 026-191-190 Lot Dimensions and Area: 50' X 115' = 5750 SF -- General P1an:Commercial, Shopping and Service Zoning:'C-1 Adjacent Development: Commercial uses to the left of the subject property and residential uses to the right of the property. CEQA Status: See Initial Study and Negative Declaration Backqround• In December of 1993 a mixed use development project, consisting of 5 condominium units with retail commercial use on the first floor and a portion of the second floor, was denied without prejudice by the Planning Commission. The project included variances for lot coverage and parking maneuvers and two exceptions to the condominium criteria in the form of inadequate frorit yard landscaping and substandard common open space square footage. The denial without prejudice was upheld by the City Council and the applicant was instructed that a redesign may b� resubmitted to the Planning Commission within three months. The applicant resubmitted the present project on March 23, 1994 which was three mon�hs after the Council_action. Current.Proiect: The new proposal zncludes the following elements and requests: negative declaration, general plan amendment, rezoning_the property from its existing C-1, first commercial district (re�ail commercial) designation to an R-3, third residential district (multiple family dwellings) designation, Condominium Pe�nit and Tentative Map.- No variances or.special permits are being requested with this submittal. The negative declaration, condominium permit and tentative map is for a three story, 4 unit residential condominium project with 8 parking spaces at grade. The condominiums range in size from 1,193 SF to 1,301 SF and consist of parking on the ground floor; kitchen, livimg/dining area, deck and half bath on the second floor; and two bedrooms and two baths on the third floor. The condominium project meets all of the condominium criteria by providing 76 SF of private open space per unit where 75 SF is the 1 CONDO.,GEX.PIrAN AXENDXSXT,RSZONS 1128 CHULA VISTA AVS. maximum required and 750 SF of common open space where 400 SF is the maximum required. Sixty-two percent of the front yard is landscaped where 60� is required. One hundred percent of this area is in soft landscaping where 50� is required. The building is 32'-0" tall from average top of curb where 35'-0" is the maximum allowable. A total of 8 parking spaces are provided, two as visitor/guest spaces, and 8 are required. l E�ibit 1(attached) shows the property at 1128 Chula Vista Ave. as the last commercially zoned parcel along Chula Vista Avenue. The applicant would like to rezone 1128 to R-3, the same as the adjacent developed property; 1124 Chula Vista. The lot at 1124 Chula Vista Avenue is developed with a 4 unit apartment building. The rest of the block of Chula Vista, to the south, is also developed in multiple family uses. The rezoning request requires a General Plan Amendment since the general plan, land use map and zoning must be consisten�=``-In this case the medium density land use designation must be extended one lot to the north on the east side of the street (see Exhibit 2). The land use element does not need to be amended because the proposed change is a single lot in a transitional location. Excerpts from the general plan land use goals and objectives, as well. as, the coinmercial and multiple family residential portions of the element support this conclusion. The medium high density portion of the residential land use element calls for two to three story apartment buildings. This project is compatible with those guidelines and helps to maintain the buffer zone between the commercial uses and the lower density residential areas. The change in use is consistent with the commercial land use element. The rezoning of a single lot will not change the intent of the commercial land use element in the Broadway Avenue area and will not interfere with existing circulation patterns or access to consumer goods and services. The proposed residential condominium will not. increase parking impact along Broadway because it provides its own parking on site to required code dimensions. _. __ Front Stbk Side Stbk Left PROPOSED (lst): 15'-0" (2nd): 15'-0" (3rd): 15'-0" (ist): 5'-5" (2nd) : 6' _0�� (3rd): 7'-1" ALLOWED/REO'D 15'-0" 15'-0" 15'-0" 5'-0" 6'-0" 7'-0" Side Stbk Right (1'st): 5'-5" (2nd): 6'-0" (3rd): 7'-1" 5'-0" 6'-0" 7'-0" � , CONDO.,GSN.PLAN AXSNDXENT,RSZONS Rear Stbk (ist): (2nd) : (3rd): Lot Coverage . Height . Parkinq . Front Yard Land : % soft . Open Space,Priv.: open Space,Comm : 15'-0" 15'-0" 20'-0" 41� 32'-0" 8 spaces 470 SF 100% 76 SF 750 SF Meets all zoning code requirements. II28 CHULA VISTA AVS. 15'-0" 15'-0" 20'-0" 50� 35'-0" 8 spaces 450 SF 500 75 SF 400 SF staff Comments• The Chief Building Official had no comments. The Fire Marshall comments in his March 28, 1994 memo that the buildinq_must be equipped with an automatic fire sprinkler system and the��rinklers must be monitored by an approved central monitoring station. The Park Director comments in his April 14, 1994 memo that the project will be required to meet all provisions of the reforestation ordinance at the building permit stage. NOTE: Previously the Planning Commission had asked for an arborist report on the Walnut Tree, located in the city planter strip, for the previously proposed mixed use project. The Park Director notes, in his April 14, 1994, comments that arborist reports are helpful for private trees that are impacted by development. However, trees in the City right-of-way are handled by the Park Department and, therefore, will be addresses at the time the construction documents are submitted. The Park Director also stated that the Walnut tree is not a particularly valuable specimen. The Associate Civil Engineer has several comments in his April 19, 1994 memo (attached) which will need to be addressed prior to the issuance of a building permit. Stud Meetin : -. _ .. At the May 23, 1994 Planning Commission meeting the Planning Commission had several questions (P.C. Minutes, 5/23/94). The applicant states, in his May 27, 1994 response letter, that 1 parking space will be assigned to each unit and the rest will remain unassigned. The Park Director stated that Walnut trees are relatively short lived and are more affected by draught conditions compared to Elms, Oaks or Redwoods. The Walnut tree at the 1128 Chula Vista location is a mature tree and will only last another 5 to 10 years where a mature Oak could last another 30 to 40 years. He stated that it would not be wise to alter or stop a project from being built in light of these facts, especially since it is a city street tree�and the city has been regularly removing Walnut trees from planter strips. 3 CONDO.,GEN.PLAN AlYETTDXSNT,R$ZONS ZI28 CHOLA VISTA AVS. The portion of State Planning law addressing zoning (Government Code Section 65860) requires that city zoning ordinances be consistent with city general pl.ans. As a part of Burlingame achieving consistency between zoning and the.general plan in 1984, the city _ identified the C-1 district as implementing the retail and service commercial land use designation.and R-3 implementing the medium high density residential uses. While the C-1 zone allows development to R-3 standards in Burlingame, the C-1 district requires a use permit to develop residential only uses and allows commercial development which is not allowed in the medium high density land use designation. As a result, the C-1 district promises uses that the land use designation would not allow and misleads the property owner about the city's policy regarding the future development of his property. If commission wishes they could determine that C-1 zoning officially implements the medium high.density land use designation. If this is done then a rezoning_is not necessary in this case. (See Planners memo May 25, 1994). - - The proposed four unit residential condominium is compatible with the uses across the street because it is screened from view by the trees and deepens the buffer area between the cominercial uses and the lower density residential uses to the south, The applicant.states in his response letter that the proposed multifamily residential project has less physical impact on the area than a permitted commercial structure which could reach 35'-0" in height without any setbacks. Findings for a Negative Declaration: Following the public hearing the Planning Commission should_act.first on the Negative Declaration, ND 471-P, 1128 Chula Vista Ave. Prior to acting on a project the Planning Commission must approve the Negative Declaration finding that on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Findinqs for a General Plan Amendment: In acting on the request for a general plan•amendment for the rezoning of 1128 Chula Vista the Planning Commissioners should state the reasons why they feel such action is appropriate to change the land use from _.shopping and commercial service to medium high density residential. The Commissioners inust state why the changes are consistent with the General Plan and in particular -the Land Use Element of the General Plan. Findings for a Rezoning: In acting on the request to rezone the property at 1128 Chula Vista from C-1 to R-3, the Planning Commission should state the reasons why they feel sueh action is appropriate and consistent with the intent of the zoning ordinance. Code section 25.04.010 states that the zoning ordinance was established for the following purposes; to promote public health, safety and welfare; preserve a wholesome serviceable__and attractive community which increase the safety and security of home life; promote a harmonious character and economy among property, building construction and civic 4 CONDO.,GEX.PLAN a9PISNDXENT,RSZONS 1128 CHULA VISTA AVS. services; establish regulations to limit the location, uses, height, bulk, occupancy, lot coverage, street setback, yard sizes and occupancy of building structures and land; encourage remodeling of existing residential structures; preserve residential neighborhood character of single famil,y structures and accessory structures and provide the best general civic.use to protect the common rights and interests of all. Criteria for Permitting a Residential Condominium: Following the public hearing the Planning Commission should act fourth on the Condominium Criteria. The criteria for permitting a residential condominium are based on three City Council actions: P.C. Resolution 7-79 addressing open space requirements, P.C. Resolution 5-80 with findings addressing development standards, and Ord.lol5 establishing condominium subdivision regulations. The intent of these actions is outlined as follows: a) a new condominium project shall conform to all applicable zoning regulations and General Plan densities; b) review of a condominium project shall include its effect on sound community planning; the economic, ecological, social and aesthetic qualities of the community, and public health safety and welfare; including but not limited to impact.on schools, parks, public utilities, neighborhoods, streets, traffic, parking, and other community facilities and resources; and c) the condominium project shall have a legal Tentative Map filed with the City Engineer prior to approval. Planning Commission Action: The Planning Commission should hold a public hearing. All requests may.be addressed in a single public hearing including the tentative map. The negative declaration, general plan amendment and rezoning actions are recommendations to City Council. Affirmative action on the condominium permit should be taken by resolution. The tentative map is also a recommendation to City Council. If the Comm�ssioners wish you may act on the negative declaration, general plan amendment, rezoning and---residential condominium permit at one time. The reasons for each action should be clearly stated for the record. At the public hearing the following conditions should be considered: Conditions: 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; 5 CONDO.,GSN.PZAN AXE2TDMHNT,REZONS 1128 CHIILA VISTA AVS. 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 e�ectancy 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. , Leah Dreger Zoning Technician cc: Paul Gumbinger, architect Borel/Poplar Developments, property owners C CITY OF BIIRLINGAME NEGATIVE�DECLARATION File No. ND- 471 P, 1128 Chula Vista Avenue The City of Burlingame by Marcraret Monroe on Abril 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. Pro�ect 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 £aY 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 re.quest, 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 envir'onment 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. f � 0 �t�c:� C�� F��1Z_.. �� .Z�? S�� Si na ure of Processing Official Title Date Signed Unless appealed within 10 days hereof the date posted, the determination shall be final. Date posted • � � 3 " / T Declaration of Postinq I declare uncier 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 �`3 1994. Appealed: ( ) Yes ( ) No/� � � � a�/l�� ,�� /�%oA/1'�.�°s`�7�1: `_ -- ATTI, CITY CLERK, ��Y OF BURLINGAME , v Four Unit Condominium -.1128 Chula Vista P,venue, Burlingame, CA. - General Plan Amendment, Rezone and.Condominium Permit INITIAT� STUDY SUMMARY , 4-20-94 This project, as proposed, wiZZ NOT resuZt in the foZZowing environmental impacts: 1. SARTH: IInstai�Ie earth conditions, dispZacements or compaction of soi1, destruction of unique geologicaZ features, increased water or wind erosion of soiZ, changes in a beach ecosystem, exposure of people to hazards such as earthquakes, Iandslides, or ground faiZure. • Site is located in an urban setting and had been deveZoped for over 40 years as a singZe family dwelZing. The site is currentSy vacant. • Site is flat and no underground construction is proposed for this project. There wi1Z Fie no gradinq associated with this project. 2. ASR: Deterioration of ambient air quaZity, creation o� objectionable odors, or aZteration of climate, ZocalZy or regionalZy. • Site developed as a residentiaZ use for over 40 years. • Site has heen zoned commercial since the 1940's, proposed use wi1Z generate Iess traffic than a commerciaZ use. - 3. WATER: Chanqes in directionaZ course of maririe or fresh waters, changes in absorption rates, drainage patterns or rate of surface run-off or aZter the course of fZood waters, aZter the direction or fZow or ground waters, changes in q�zantities of ground waters by any means, changes in the amount and avaiZabiZity of water to the pubZic, exposure of peopZe to water reZated hazard. • Site developed in residential use for over 40 years with about the same Zot coverage of impervious surfaces. - There will be no grading associated with this development. • Site tied into existing water distribution Zines with adequate capacity SI1 the system. • Water conservation required to compensate increased density. 4. PLANT LIFE: Changes in diversity or number of any species of pZants .fncZuding endanqered species, introduction of new species of pZants into the area, or reduction in the acreage Af any agricuZtural crop. • No native plant life exists on site. • Condominiuzn project wi1Z compZy with city reforestation ordinance. 5. ANIXAL LIFS: Changes in diversity or number of anp species of animals incZuding endangered species, introduction of new species of animaZs into the area or resuZt in the barrier of norinaZ migration of any species of animals or deterioration of existing fish or wildZife habitat. • No native animals exist on site. • ResidentiaZ site may incZude domesticated animals. --- -- 6. NOISE: Increases in existing noise or exposure of people to severe noise ZeveZs. • Site deveZoped as singZe family residentiaZ for over 40 years. • The condominium design is consistent with the General P1an Noise Element. 7. LIGAT & 6LARE: Extreme increases in the amount of light and gZare in the environment. • Existing zoning alZows commercial deveZopment which potentiaZly could have a larqer light and glare impact than multiple family residentiaZ use. 8. LAND USS: Substantial aZteration of the present or planned land ¢se ot the area. • The zoning change from C-1 to R-3 does not need a Zand use element amendment because the proposed change is_a sinqZe Zot in a transitionaZ location. Chanqe in use is consistent with the c�zrrent land use eZement. 9. NATURAL RESOl7RCES: Any increas8 in rate of use of any naturaZ resources. • DeveZopment will meet aZZ current conservation requirements. 10. RISR OF UPSET: Any risk of expZosion or release of hazardous substances or materials ( i.ncYuding but not Zimited to, oiZ pesticides, chemicals or radiation ),in the event of an accident or upset situation, possibZe interference in an emergency response or evacuation p1an. • Structure wiZl meet aZZ Uniform BuiZding Code and aniform Fire Codes as amended by the City of Burlingame, as weZZ as, plumhing and seismic construction standards. 11. POPULATION: The alteration in Zocation, distribution, density or growth rate of the human popuZation. • The past residential use was.an under use of the commerciaZZy zoned property. • The proposed development wiZl aZZow for a minor increase in population by the addition of 3 more living units. 12. AOUSING: Displacement of any residents or create a demand for additional housing. • The existing lot is vacant. purposes of this proposaZ. • The proposed use wi11 create redace demand for housing. No dwellings are beinq demolished for the four additionaZ housing units which wi1Z 13. TRANSPORTATION/CIIZCULATION: Generation of substantiaZ increase in vehicular traffic, strains on existing parking faciZities or n`ew` parkinq, substantiaZ impact on existing' transportation systems, aZterations in present patterns of circulation or movement of peopZe or goods, increase in traffic hazards to motor vehicles, bicycZes or pedestrians. • AZ1 required parking is provided on site for this deveZopment. • AZZ existing roads and highways serving this area are operating at service Zevel C or Zess and have adequate capacity for the minor increase in trips generated by the addition of four dwelling units. 14. PDBLIC SERVICES: The need for new or aZtered governmental services, such as, fire protection, poiice protection, schooZs, parks or recreationaZ facilities, maintenance of public facilities, incZuding roads and/or any other type of governmental services. • AZI estabZished pubZic services servi.ng this site are properZy sized to accommodate an increase from a past sinqZe family residence to the proposed four unit condominium. 15. ENSRGY: The use Of substantiaZ amounts of fueZ or energy, substantial increases in demand upon existing sources of energy, the need to develop new sources of energy. • There wilZ be no need to develop new energy sources since this Iot has been deveZoped for over 40 years and the change in numher of units is minor. 16. UTILITISS: The need for new systems or substantiaZ aZterations to the following utilities (not including initiaZ hook-ups to existing systerns) power or naturaZ gas, communication systems, water, sewer or septic tanks, storm drainage, solid waste disposal. • AII existinq utiZities have adequate.capacity for this project and no new sources or services will be required. 17. HUXAN ASALTA: Creation of health hazards or potentiai heaZth hazards or the exposure of people to potentiaZ health hazards. • Since this site has been deveZoped in an urban setting for over 40 years and wiZZ meet carrent OBC and UFC requirements there are no known existing heaZth hazards and no,.known potential health hazards at this site. 18. AESTASTICS: The obstruction of any scenic view or vista open to the public, or the creation of an aestheticalZy offensive site open to the pubZic. • The mass of the proposed development on this site wi1Z change from the past singZe famiZy dwelZinq to muZtipZe famiZy residentiaZ. With the zoning change and general plan amendment the proposed project wilZ,be within design ailowances of the Zoning ordinance and WiZI therefore, be compatible with both the adjacent existing commercial uses and muZtiple family residential uses. f � 19. RECREATION: Any negative impact on the quantity or quality of existing recreationaZ opportunities. • No recreational uses;wiZl be affected. There wiZl be a sZight increase in demand created by the residents of the three new units. The capacity in existing faciZities is adequate to accommodate the increase in demand. 20. CDLTDRAL RSSODRCSS: The destruction of prehistoric or historic archaeological sites, the destruction of any unique ethnic or culturaZ values or restrict any existing reZigious or sacred uses within the _ potential impact area. • Site has been deveZoped with.a singZe famiZy home for over 40 years. RedeveZopinq this site wilZ not destroy any historic, ethnic, cuZtural or religious uses. 0 : �usmSunt.�ur ( �.rlo»„ �,,,,,,,my) I_ . _ _ 0 CITY OF PIJ�LiNGAI�/IE AFPLICATION TO THE PL/aNNING CONIMISSIOO N : Condominium Permit Ty�e ofAnv/ication: :_Special Perrnit _Variance ; X Other Rezone from c-1 to R-3 1128 Ch 1 V' A Pro�ect Address u a ista venue ��t�� Assessor's Parcel Number(s) o26-191-190 A_ PPL/CANT PROPERTV OWNER �` �� 2 '� �� Name: Borel/Poplar Developments Name: SAME CiTYOFBURL{�lGAM� E . . Address: 72o El Camino Real, suite 10l Address: City/State/Zip: B�iman�tt - � �A ��4�0�0� City/State2ip: Telephone:(work) 591-9615 Telephone:(work) (home) N/A ARCH/TECT/DES/GNER Name: Gumbincrer Associates/Architects Address: 60 E. Third Avenue, Suite 300 City/State2ip' San Ndateo, CA 94401 Telepho`ne (daytime): 579-0995 (home) Please indicate with an asterisk (`I who th - ntactv on is for this nroiect. � *Paul J. Gumbinger, FAIA PROJECT DESCR/PT/ON: Four ( 4) townhouse condominiums over surface parking. A FF/DA V/T/S/GNA TURE: I hereby certify under penalty of perjury that the information given herein is true and correct to the best of my knowledge and belief. _ � 3.� - Applicant' ign ture Date � I know about the proposed application, and hereby authorize the above applicant to submit this application. � L� Property 0 er's ignature Date --------------------------------------------------QFFICE USE ONLY ------------------------------- -------------- Date Filed:3'�3�� Fee � Receipt # Letter(s1 to applicant advising application incomplete: Date application accepted as complete: ' P.C. study meeting (date) P.C. public hearing (date) P.C. Action �sias Appeal to Council7 Yes No • - ,��;�.fR„ Council meeting date Council Action ; ,Burlingame Planning Commission Minutes May 23, 1994 � 3. SPE.CIAL PERMITS FOR TAKE-OUT AND NEW FOOD ESTABLISHMENT FOR A RETAIL COFFEE STORE AT 1309 BURLINGAME AVENUE, ZONED C-1 SUBAREA`A, BURLINGAME AVENUE COMMERCIAL AREA (GURDIAL JOHAL, PROPERTY OWNER AND LOUISE SELIN APPLICANT) Requests: Define food establishments and enforceable restrictions; what does note on plans "not for leasing" indicate; clarify the number of handicapped restrooms required with 4± employees; do you need male� and female, when will the seismic retrofit be done relative to the tenant improvements, if tenant improvements proceed will the establishment close or be relocated; trash receptacles at front and rear of the store; number of outdoor seats; employees need to use long.term parking. Item set for Public Hearing June 13, 1994. 4. SPECIAL PERMIT AND PARKING VARIANCE FOR DRAPERY SHOP-�`.P 1501 EL CAMINO REAL, ZONED C-1 (CHEURON, U.S.A.; PROPERTY OWNER AND JACK MATTHEWS APPLICANTI Requests: what kind of business does the applicant plan to put in this space; hours of operation and cumulative parking demand; what is most intensive use; will E1 Camino widening impact setback requirements how realistic is the expectation that E1 Camino will be widened; notice tenants on adjacent site; where will employees park on site; will there be more than 25 retail customers onsite at one time or total; will landscaping along E1 Camino block view at corner. Item set for Public Hearing June 13, 1994. 5. 1128.CHULA VISTA:AVENUE, ZONED C-1 BROADWAY COMMERCIAL AREA (BOREL/POPLAR DEVELOPMENTS;_PROPERTY OWNER AND PAUL GUMBINGER, APPLICANT). A. NEGATIVE DECLARATION FOR A FOUR (4) UNIT RESIDENTIAL CONDOMINIUM AT 1128 CHULA VISTA AVENUE, ZONED C-1. � B. GENERAL PLAN AMENDMENT FOR A CHANGE IN �ONING FROM COMMERCIAL, SHOPPIN.G AND: SERVICE TO MULTIPLE FAMILY RESIDENTIAL. "-` C. REZONING OF 1128 CHULA VISTA AVENUE FROM C-1 COMMERCIAL TO R-3 MULTIFAMILY RESIDENTIAL. D. CONDOMINIUM PERMIT FOR A FOUR (4) UNIT RESIDENTIAL CONDOMINIUM AT 1128 CHULA VISTA AVENUE, ZONED C-l. Requests: will parking be assigned by unit; clarify why some stalls say unit parking; have Parks Director explain his rational regarding the walnut tree; why is rezoning necessary�when C-1 district allows multiple family residential with a use permit; look at the relationship of other uses on street to this site and its use for multi family residential; if project is not approved but new zoning approved, is developer bound. Item set `f.or Public Hearing June 13, 1994. -2- � ,;Burlingame Planning Commission Minutes May 23, 1994 6. TENTATIVE MAP FOR�A FOUR (4) UNIT-_RESIDENTIAL CONDOMINIUM AT �1128 CHULA VISTA AVENUE, 'ZONED.C-1 BROADWAY COMMERCIAL AREA • (BOREL/POPLAR DEVELOPMENTS, PROPERTY OWNER AND PAUL GUMBINGER, APPLICANTI. Requests: There were no specific questions. Item set for Public Hearing June l3, 1994. 7. SPECIAL PERMIT FOR RETAIL SALES AT 1313 NORTH CAROLAN AVENUE, ZONED M=1 (MACY MAK, PROPERTY OWNER AND TUNG NGUYEN, APPLICANTI. Requests: traffic projection page not completed (reflects retail use only include wholesale) clarify; what are the dif�e�ences between parking and/or traffic impacts, wholesale/retail; plans to scaYe; clarify placement of rollup doors at rear. Item set for Public Hearing June 13, 1994. ITEMS FOR ACTION 8. SPECIAL PERMIT TO EXPAND FOOD ESTABLISHMENT AT 322 LORTON AVENUE, ZONED C-2 SUBAREA A, BURLINGAME AVENUE COMMERCIAL AREA (MEL K. DOLLINGER, PROPERTY OWNER AND TOORAJ SHARIF, APPLICANTI. • Reference staff• report, 5/23/94, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and study meeting qizestions. Three conditions were suggested for consideration. Chm. Galligan opened the public hearing. Tooraj Sharif, 55 W 5th Avenue, San Mateo, the applicant, responded to questions from the commissioners pertaining to employee parking and asked that he not be limited.to five �employees. There were no comments and the public hearing was closed. C. Mink stated, based on the testimony and the information supplied in the packet, he moved to approve the this special permit application , by resolution, with the following amended conditions; 1) that the 3381 SF project shall be buil.t as shown on the plans submitted to the Planning Department date stamped May 13, 1994; 2) that the business shall be.open daily, 11:00 a.m, to 2:30 p.m.-and 5:D0 to 10:00 p.m., with a maximum of eight employees and seating for no more th.an 66 customers; and 3) that the project shall meet all the requirements of the Uniform building and Uniform Fire Codes as amended by the City of Burlingame. � • Motion was seconded by C. Ellis and appr.oved on a 7-0 voice vote. Appeal procedures were advised. -3- � � �� . . , `: , �� 1994 = = GU(�%IBIf�JGEI� . ��a�r 2 � — — ASSOCIAIES. CIIY O� �3L�r�LI�lCsi�IVl� , � c�o Easrm��aa,�e�� ScnMaleo,C'A94401 ��'�� Fax: (415)579-1402 • Tei: (415J 579-0995' 93112/2.7 AI <��TS - May 27,1994 , Ms. Margaret Monroe City Planner City of Burlingame 501 Primrose Road Burlingame, CA 94010 Project: Borel Poplar Developments APN: 026-191-190 Four (4) Townhouse Condominiums 1128 Chula Vista Avenue Burlingame, California Dear Ms. Monroe: The following is in response to quesfions regarding the project raised by various Planning Commission members during the sfudy portion of the meeting of May 23, 1994. 1. ASSIGNMENT OF PARKING SPACES Each unit will be assigned one (1) parking space. The remaining spaces will be unassigned. � 2. NEIGHBORHOOD CONTEXT In our professional opinion as architects and urban planners, the proposed project fits well into the neighborhood context. It provides a transition from the commercial to the residential and is shielded by -�- the large street trees from the one story commercial building across the street. The proposed project has less visual impacE than a 35ft. high commercial building that could be built to the front property line. Being a residential project, it also has less impact on the need for street parking during business hours. '� Poul J. Gumbinger, FAIA President & CEO ��., : '. r : t� �� ' i�� 1994 . 93112/2.7 May 27,1994 �'OF��U�► ,�l�la1�'i� Ms. Margaret Monroe ��!�� D�� Page two: 3. ZONING The property owner has expended considerable time, effort and resources in trying to develop a suitable,project for the site and is very anxious to start construction as soon as possible. If for some reason tlle proposed project is not approved, the pro�Qrry owner would then respectfully request the Planning Commission not to approve the General Plan Amendment and Rezoning. Please contact me if you desire any additional informaiion. Very truly yours, CITY OF BURLINGAME MEMO TO: PLANNING COMMISSION FROM: CITY PLANNER �Qf� r� �, DATE: 5/31/94 SUBJECT: REQUIREMENT OF REZONING WITH GENERAL PLAN AMENDMENT FOR RESIDENTIAL IISE FOR PROPERTY ZONED C-1, BROADWAY COMMERCIAL AREA, AT 1128 CHULA VISTA. At the Planning Commission Study meeting on May 23, 1994 the Commissioners asked that if the C-1 district allows residential develo�tnent as a conditional use, why is a rezoning to R-3 necessar.y for this proposed 4 unit residential project? The properties zoned commercial (C-1) along Broadway and on the cross streets between El.Camino Real and California Drive have been designated in both the General Plan and zoning ordinance as a special commercial area. In the General Plan the area is called the Broadway Center. In the zoning ordinance the area is called the Broadway Commercial Area. In both cases the two areas include the same properties. In the Land Use Element of the General Plan the uses in the Broadway Center area are specifically called out and described. (Gerieral Plan page 12). There is no mention of residential uses or of a policy to promote residential uses within this sub-planning area. In 1984 the Broadway Center was called out as the Broadway Commercial Area for specific zoning regulation. At that time the definition of the area was mapped and defined as being all the properties zoned c-1 fronting on Broadway and the side streets intersecting Broadway; 1128 Chula Vista was clearly one of these properties. (See map of Broadway Commercial Area). The present C-1 zoning district allows, as a conditional use, residential uses, either as the sole use of a property or as a mrxed--use with commercial. The issue with the proposed 4 unit residential condominium at 1128 Chula Vista is not that the C-1 zoning will not allow a multiple family residential development in the C-1 zone. Rather the issue is one of consistency of zoning with the General Plan i:.e. the zoning allows residential uses and the General Plan does not. The California Planning Law Government Code. 65300..5, states that the General Plan (land use map and elements) must be internally consistent. This means that the map cannot say one thing in terms of land use and the land use element say something else. In the case of our current plan, the General Plan Map shows the Broadway Center as shopping and service commercial use., The designatiori appears to be coterminous with the area zoned C-1 on and adjacent to Broadway. The land use element description discusses commercial uses exclusively; there is no reference or discussion of maintaining or.bringing residential units into the commercial area. 5/31/94 REQUIREMENT OF PROPERTY ZONED page -2- REZONIN.G WITH GENERAL PLAN AMENDMENT FOR RESIDENTIAL IISE FOR C-1, BROADWAY COMMERCIAL AREA, AT 1128 CHULA VISTA. Section 65800 of the Government�Code.notes: "It is the purpose of this chapter, to provide for the adoption and administration of zoning laws, ordinances, rules and regulations by counties and cities, as well as to implement such qeneral plan as may be in effect in any such county or city". Section 65860 (a),'goes on to state .in part: "County or city zoning ordinances shall be consistent with the general plan of the county or city by January,l 1974. The State code then addresses ineonsistency inconsistencies into compliance in section 65862: and how to bring When inconsistency between the general plan and zoning arises as a result of adoption of or amendment to a general plan,... hearings held...for the purpose of bringing zoning into consistency with the general plan,...may be held at the same time as hearings held for the purpose of adopting or amending a general plan, or any element thereof....It is the intent of the Legislature, iri enacting this section, that local agencies shall, to the extent possible, concurrently process.applications for general plan amendments and zoning changes which are needed to permit development so as to e�edite processing of such applications." To comply with the direction:of consistency between the zoning and the general .plan, the Burlinqame zoning ordinance was amended in 1982 with Section 25.04.080 which states in part: Approval of a zoning, rezoning, variance or use permit pursuant to this title shall be based on a finding that the approval is consistent with the general plan...Applications for a zoning,_ rezoning, variance or use permit shall be denied if found to be incons'istent with the general plan.... Further, in 1984, motivated by the change in the state - planning law requiring consistency betweeri the General Plam land use designations and the zoning, staff did a comparative study of the land use designations and zoning. For this study, which resulted in a series of general plan amendments and rezonings, the following zones were determined to correspond to the following land use designat.ions: General Plan Land Use � Residential low density medium density medium high density high density ' Commercial shopping and service service and special sales Zonina R-1 R-2 R-3 R-4 C-1 C-2 5/31/94 REQUIREMENT OF PROPERTY ZONED page -3- REZONING WITH GENERAL PLAN,AMENDMENT FOR RESIDENTIP;L USE FOR C-1, BROADWAY COMMERCIAL AREA, AT 1128 CHULA VISTA.' Office use � Waterfront commercial . commercial recreation . hotels/motels . restaurarits Commercial residential Industrial and office use C-3/C-4 C-4 C-R M-1/O-M As a result when the property owner of 1128 Chula Vista Avenue came in and requested to place a multiple family residential use on the site, without any commercial use, staff looked at the following factors: - a. The general plan designated shopping and service use (consistent with C-1). b. 'The site is zoned C-1. c. The designation of the Broadway Center in the general plan did not mention residential uses within •the area as a development objective or policy. d. Although at.the. edge of the Broadway Center area, there was no dispute that this property was included in the Broadway-Center. e. The proposed project is clearly a use consistent with the general plan land use designation medium high residential and R-3 zoning; both of which.are immediately adjacent to the site on the south. On the basis of these facts, and the fact that.the State planning law clearly directs consistency between the General Plan and zoning, staff proposed that the applicant apply for a ger�eral plan amendment and rezoning along with the use permit far the 4 unit residential condominium. * Keeping the C-1 Zoning Designation Since the C-1 zoning District,does allow multiple family residential uses as a conditional use, the Planning Commission could determi�e that the C-1 district could be used to implement the medium high density residential land use designation. If this were done, the determination would apply to all areas designated medium high density residential in the General Plan. It would mean that while this applicant does need a general plan amendment for this project he would not need a rezoning. It would also mean that while the applicant's zoning would allow commercial uses at this site, the general plan would not. In other words if he wanted to build a commercial use or mixed commercial residential use in the future, he would have to amend the general plan again. In the end, retaining the C-1 zoning is not givirig future users of this property the clearest message about City policy regarding this site and could lead to just the kind:of misunderst-anding that the legislature was trying to avoid with the consistency requirement. *Another Approach 5/31/94 REQUIREMENT OF REZONING WITH GENERAL PLAN AMENDMENT FOR RESIDENTIAL"USE FOR PROPERTY ZONED C-1, BROADWAY COMMERCIAL AREA, AT 1128 CHULA VISTA.' page,-4- If from this disoussion it appears that the land use pol�icy for the Broadway Center is not accurate, and if, in fact, to vitalize the area residential uses within tlie area should be encouraged, then the Commission should look at changing the text of the General Plan.. If the text stated that residential uses were appropriate to accomplish the commercial goals of the area, then the C-1 district is perfect for implementation and no general plan amendments or rezonings are necessary for this proposed project. If the Commission should wish to pursue this alternative it canxiot be done at the June 13, 1994 meeting addressing 1128 Chula Vista because the public notice did not include changing the land use policy for the entire Broadway Center. However, the item could be placed on a later agenda for consideration. � Given all the above considerations and the fact that the applicant is interested in just the one property, it seemed prudent to ask for the rezoning to R-3 as well as extending the medium high density residential designation one lot to the north. Whichever way the determination.on the appropriate implementing zoning goes, the decision on the general plan is permanent. ,If the general plan land use designation is changed to medium high.density �residential then commercial uses will not be allowed on the property at 1128 Chula Vista in the future. The City Attorney did note that all of these requested actions - negative declaration, general plan amendment, rezoning and use permit for condominiums - could be acted upon in a single motion. By this method if the residential project is not acceptable then its denial will include denial of the negative declaration, general plan amendment, and rezoning. M/s REZNdPA8c.23 � � f ... � Burlinqame Plaza Area. This area includes outlets providing.convenience goods and consumer services to local residents and workers; the Peninsula Hospital and medical offices; and.other professional-administrative offices. No changes are recommended in the pattern of uses presently'estalilished. � The visual quality of the shopping.center sho.u.ld .be i�m�proved_and the parking�area serving.the shopping center needs redesign and tree planting to improve functional efficiency end appearance. - �,e�.�� :P�:. .f� L� iJ s�- C�1�� ; � _. In addition, to augment the,;small>sites of many of, the ex�sting • neigh.borHood,parks and.elementary-schools, acquisition of ad�oining _ .,,. . ... ;lofis is=[.ecommended,whenever�sueh.6ecome available: in some instances street closings"of,very sho.r.t.se4tions of:.streete could be used to. , augment existing sites or to link.schools and parks together.:; ln:some. instances such closings would increase traf.fic.safety in: addifion to -: providing very much,needed:park space. Commercial Uses - Three complexes of commercial uses are.included in this plan: the Burlingame Plaza Area, the Broadway center, and the Burlingame Avenue-Park Road center. In these centers of commercial.activity three general categories of commercial uses are shown on.the plan diagram: Shopping and Service; Service and Special Sales, and Office Use. In addition to the commercial uses in these three centers of activity an additional category of commercial use, Waterfront- Commercial, is indicated along most of the waterfront area. Broadway Center. Dutlets in this center now proVide convenience goods and consumer services for.residents in the general vicinity. Although many of the.businesses he�e are well established and apparently:.successful enterprises; better.circulation, more parking, and better .ucban design would enhance tHis.center.. Separation of vehicuiar.and pedest,r:.ian circulation and reduction..of through-traf.fic an Broadway is needed. Recommendations for improving the traffic curculation pattern are presented in the Circulation Element. These include a grade separation for the raiiroad tracks.and .improvement of the Broadway-Bayshore: Freeway interchange"to relieve traff.ic congestion at that point. Consideration � should be given to creating a pedestrian precinct on Broadway. in:the section between Caguna Avenue and Capuchino Avenue...Additional off-street parking should be provided'to the rear of present business oratlets: fronting on Broadway with access. to such lots from the neU� streets indicated on the.plan diagram. F,n urban design plan should.be developed for this center to.provide.more detailed guidance for future ch.enges. Burli.nqan•e Avenue-Park Road Center. Th.is center includes outlets providi.ng a wide cange of consumer goods and.services for Burlingame. residents and �esidents of adjoining communities. It also includes business service establishments, business and profiessional offices, civic 6uildings, and some resi�ential uses. The following organization.of uses within the center is recommended: shopping goods outlets should, in the main,.be located along Burtingame Avenue and Park Road,in a pedestcian precinct; convenience goods stores,`r.estaurants, and consumer service outlets should not occupy ground level street .frontage space in the heart of the center but should be in more peripheral loeations; the frontage of.the west side <- _...�. � ,�' `�� 12 ,. /� THE PIANNING AND 7ANING LAW � v.1 t.-C� ��{n�QY� � l� �� 0�--3 �V ��j�� Authortty to perforra , filncdoeu: eatry onto pri►wte land P�rblie o, fficials to furntsh pTannierg �rgeruy with amilabk - tr{%rmalian 65105. In the performance of their funcdons, planning agency personnel may enter upon any land and make :examinadons and surveys, proyided that the entries; examinations, andsurveys do not interfere with the ase of the land bythose persons lawfully entitled to the possession thereof. (Added.by Stats 1984; Ch: 690.) . 65106. Upon mquest all public officials shall fumish to the planning agency within a reasonable time any available:informadon as may be required for the work of the planning•agericy: `: (Added by.Stats.1985, Ck. 617.) (Article 21 [commencing with Section 65150J repealed by Stats: I984;.Cii: 690.) (Ardcle 3. [conunencing with Section 65200] repealed by,Stats.1984; Ch: 690.) Article 4. Long Range Planriing Trust Fund Long Ra,�ge 65250. (a) A city with a population in excess of three million may establish a Long Range Planning Trust Ptanxing Trash Fund in accordance with sutrdivision (b) to consist of those moneys that are voluntarily paid by an Fund assessee of real property on the property tax bill in an amount equal to one dollar ($1) for each parcel of assessed real property of one acce or less, or one dotlar ($1) per acre, and any additional fractional portion thereof, for each parcel of assessed real property of more than one acTe,and are collected and deposited pursuant to an agreement.as described in subdivision (d): (b) A city as described in subdivision (a) shali establish a Long.R�nge:Planning Trast �nd by a resolution, adopted by a majority vote of the city's goveming 6ody. That resolution slia�II require that moneys in the fund shall be expended upon the vote of tha4 city's governing 6ody only for purposes of long-term land use planning and general plan cevisions. ' (c) Upon adoption .of a resolution pursuant to su6division (b), a city may solicit volantary contributions as described in subdivision (a), and upon receiving authori7ation to rnllect the contri- bution by an assessee of real property, may transmitto ttie county assessor, connty audiior, and rnnnty tax collector any iqformation regarding tHe asses5ee that may 6e necessaiy to collect thecontribution pursuant to an agreement.as.specified in subdivision (d). _ (d) The county assessor,:rnunty auditor, county. tax collector and the adoptiag city may enter into a joinY agreement for the collection and allocation of yoluntary contri6utions as described in su6division (a); that may provide forlhe collection of contributions by the tax collector.'Ihe agreement shall provide for the allocation.to the county assessor, counfy auditor; and ta�ccollector from moneps collected oF amounts Equal tothe actual and reasonable costs incurred by.:those persoas in collecting and allocating contributions: . - '�-"` - _ - (Added by Stats:1992. Ch. 937.) - P/an requfred �trnal eonsisiency Loea[ impkmentatian Batance ojlocal sftuattonlcomplfance wlth state and fidtml laws Article S..Authority for and Scope ofGeneral:Plans �" . - 65300. Each planning agency shall prepare and the legislative body of each county and city shall adopt a comprehensive, long-term generai pian for the physical developmentof the counry or cify, and of any land outsideits boundaries which in theplanningagency's judgmentbears relation to itsplarining.Charteredcities shall adopt general plans -wtuch contain the mandatory elements speci�ed inSection"65302. • (Amended by Stats. I984; Ch.1009.) - - 65300.5. In conslruing the provisions of this article, the Legislature intends that the general plan and elements and parts thereof comprise an integrated, intemally consistent and compauble statement of policies for the adopting. agency. (Added by 5tats. I975, Ch.1104.) - b5300.7. TheLegislatarefinds thatthediversity of the state's communities andtheirresidentsrequiresplanning agencies and legislative bodies to implement this article in ways that accommodate local conditions and circumstances, while meeting its minimum requirements. (Added by Stats.1980, Ch. 837.) � 65300.9. The Legislature recognizes that. the capacity of Califomia cides and counties to tespond to srdte planning laws varies due to the legal differences between cities and counties, both charter and general law; and to differences among them in physical size and characterisdcs, popula6on size and dec�sity, fiscal and adminisuative capabilides, land use and development issues, and human needs. It is the intent of the Legislature in enacdng this chapter to provide an opportunity for each city and county to coordinate its local budgetpianning and local planning for federal and stateprogram activities, such as communitydevelopment, with the local land use planning process, recognizing thai each city and county is required to establish its own :� ,� � 28 • 1993 Pianning, Zon[ng, and Development Laws ��i►_ •• � 7�i� ► ' :' —� i . . � � standards of court review of a general plan or of other local govemment land use decisions: The'remedies set forth in this article are interim meas�res which shall have no application after a general plan has been revi5ed to subsranGally comply with state law: ' (Added by Slats.1984, Ch.1039. See note following Section 65750.) 65763. (a) The provisions of ttiis ai�ticle.apply to all acdons, pcoceedings, and causes of action set f'ortli in this . article, whether commenced or alleged by the filing of a petition, complaint, cross-complaint, complaint in intervendon, or otherwise. (b) Nothing in this articleshall be deemeclorconstrued to creace any causeofacdon in orto conferstanding to sue upon any person, enaty, public officer, or agency id the State of Califomia, or any other public officer or agency. . . (Added by Stats.1984, Ch.1039. See no;e following Section 65750.) Chapter 4. Zoning Regulations Article 1. General Provisions Appliccbi[ily 65800.Itisthepurposeofthischaptertoprovideforfheadoptionandadministrationofzoninglaws,ordinances, purpos� � rules and regulations by coun6es and ci6es, as well as to implement such general plan as may be in effect in any such county or city. Except as provided in Article 4(commencing with Section 65910) and in Section 65913.1, [he Legislature declares that in en�ting [his chapter it is its intendon to provide only a minimum —�` of limitation in order that counties and cities may exercise the maximum degree of conuol over local zoning matters. (A»iended by Stats.1980, Ch.1152.) (Section 65801 repealed by Stau.1984, Ch.1009.) 65802. No provisions of this cbde, other than theprovisions of this chapter, and no provisions of any othercode or statuGe shall restrict or limit the procedures provided in this chapter by which the legislative body of any county or city en�ts, amends, administeis, or provides for the administrafion of any zoning ]aw, ordiiiance, rule or regulation. (Repealed and added by Stats.1965, Ch.1880.) 65803. Ezcept as otherwise provided; this chapter shall not apply to a charter city, except to the extent fhat the same may be adopted by. charter or ordinance of the city. (Repealed and added by Stats.196S, Ch.1880,~Amended by Stats.1986, Ch.190. E, f�'ectrve June 24. I986.) 65804. It ahall be the putpose of this sec6on w unplement minimum procedural sfandards gor the "conduct of cily and coanty zoning heanngs. Further, it is the intent of the Legislauue that tfus section provide such standa;ds to insure unifonnity of, and public aecess w, zoning and planning hearings while maiiifaming fhe maximum controi of cides and counties over zoning matters, _. The following procedures shall govem city and county zoning hearings: (a) All local city andcountyzoningagencies shall develop and publishprocedur�i rules forconductofthe'u hearings so that all intemsfed parties shall have advance lrnowledge of procedures to be followed. (b) When a matter is contested and a;equest is made in writing prior to the date of the hearing, all local city and county planning agencies shall insure thaf a record of all such hearings shall be made and�duly preserved, a copy of which shall be available atcost The city � county may require a deposit from thepcsson making the reques� (c) When a planning staff report exists, such report shall be made public pri6r to or at the beginning of the hearing and shall be a matter of public record. _ (d) When any hearing is held on an application for a change of zone for pa�els of at least l0�acres, a 5taff m�ort with recommendations and the basis for such recommendaaons shall be included in the record of the hearing. Notwithstanding Section 65803, this seGtion shall apply to chartered cities. (Added by Stats.1971, Ch.1714.) Article 2. Adoption of Regulations Exelusive rnethod Charter cities M1nLnura standa�s 65850. The legislative body of any county or city may, p�csuant to this chapter, adopt ordinances that do any . Regutattoa by of the following. ` ' o�lrraaee (a) Regulate the use of buildings, structures, and land as between industry, business, residences, open space, including agricul[ure, recreation, enjoyment of scenic beauty, use of nawral resources, and otHer purposes. 1993 Plann[ng, Zontng, and Development Laws • 61 THE PIJu�lNING AND 7ANING LAW I t� s� �C.. 'retonlag :onirtg consisteacy �guural plan 'rocedun wTthout ommirsJon �tarings far reansfsteacy of :Reml plan and. ��: olice to asseuor rowth ltmi�ation rlinance fixdings (e) When an interim ordinance has bean adopted, every subsequent ordinance adopted p�cs�t �� secdon; covering the whole or a part of the same propecty, shali automatically terminate and � of no further force or effect. upon the tetmmination of.the �rst interim ordinance or any extension of�the ordinance as provided in this section. ; , _ £ ;: ; (Amended byStals.1982, Ch.1108; Amended by Stats.1984; Ch.1009; Amended byStats: I988; Ch.1408; Amended by Stats:1992; Ch. 231.) �" ..: . 65859. A city may prezone unincorporated territAcy adjoining the city for the purpose ofdetennining the zAning that: will apply to such property in the event of.subsequent annezarion fo the:city. The method of accomplishing such prezoning shall be as pnovided by this chapter for zoning within the city. Such zoning shall become effecGve at the same time thar the annexadon becomes effecfive. ` Pursuant w Secdon 54790, those cities subject to such provision shall complete prewning proceedings as required by law. If a city has not prezoned territory which is annexed, it may adopt an interim ordinance in accordanc.e with the provisions of Section 65858. (Amended by Stats.1980; Ch.1132.J 65860. (a) County or city zbning ordinances shall be consistent with the general plan of the county or city by January 1,1974. A zoning ordinance shall be consistent with a city or county general plan only if;(i) the city orcounty has officially adopted such a plan, and (ii) the various land uses authorized by ihe ordinance are compadble with the objectives, policies, general land uses, and pmgrams specified in such a plan. (b) AnY resident or. property owner within a city or a county, as the case may be, may bripg an action in the superior court to enforce compliance with the pmvisions of subdiuision (a). �Any such xfion � proceedings shall be govemed by Chapter 2(commencing with Section 1084) of Title i ofPart 3 of the Code of Civil Procediue. Any action or proceedings taken purs�ant to the provisions of this subdivision shaIl be taken within 90 days of the enactment of any new zoning ordinance or the amendmentof any existing zoning ordinance as to said amendment or amenflments. (c) In the event thata zoning ordinancebecomes inconsistentwith a general plan byreason of amendment to such a plan, or to any element of such a plan, such zoning ordinance shall be amended within a reasonable time so �hat i4is consistentwith the general plan as amended. (d) Notwithstanding Section 65803, this secrion shall apply in a charter city of 2,000,0pp or more population to a zoning ordinance adopted prior to January 1, 1979, which zoning ordinance shall be consistent with the general plan of such city by July 1, 1982. (AmendedbyStats.7979,:Ch.304.) . __ - 65861. When there.is no city planning commission, the.legislative.body of such city. shall do all things reqaired or authorized by this chapter of the city planning commission. - v. ;�' (Added by Stats:1965. Ch.1880.) : :: 65862. When_inconsistencybetween the general plan and zoning arises as aresult ofailoption oforamendment to a general plan, or any element thereof, hearings held pursuant to Secdon 65854 or_65855 for the puipose of bringing zoning into consistency with the general plan; as required by Section 65860, may be held at the same time as hearings held for the purpose of adopting or amending a general plan; or any element thereo� However, the heacing on the gea►eral plan amendment may, at the discretion of the local agency, be concluded prior to any consideradon of adopfion of a zoning change. It is the intent of the Legislature, in enaoting this.secfion, that local agencies shall, to the_. extentpossible, concurrentlY. Process aPPlicatians for general plan amendments and zoning changes which are needed to peimit development so as to expedite processing of such applications. (Repealed and added by Sta;s. I980;"Ch. I152.) b5863.5. Whenever the zoning covering a property_ is changed from one zone to another or a zoning variance or condidonal use permit is granted with respect to anY ProPenY, �e goveaning body of the. city or county shall, within 30 days, notify the county assessor of such action. Notwithstanding Section 65803; this secdon shall apply to charter cities. (Amended by Stats.1980, Ch: 411. E},�'ective July11,1980:) 65863.6. In carrying ouC the provisions of this chapter, each county and city shall consider the effect of ord.inances adopted pursuant to this chapter on the housing needs of the region in which the local jin-isdiction -is situated and balance these needs against the public service needs of its msidents and.available fiscal and •environmenfal.resources,.pny ordinance adopted pursuant to this chapter which, by its terms, limits the number of housing units which may be constructed on an annual basis shall contain findingsas to the public health, safety, and welfare of the city or county to be promoted by the adoption of the ordinanca which justify reducing the housing opportunities of the regioa (Amended by Stats.1981, Ch. 714.) �� .. � '�J • 1993 Planntng, Zoning, and Development I,aws 25.04.060 t opinion , of the couneil,, after detetmination and recommendation.by the commission, not obnouous or , I� detrimental to the, welfare: of. the .community, (1941�. Code § 1920 (part), added by Ord. 539; January 4, 1954, and amended by Ord. 762•,• September 17,.. 1962).� , ?5.04.070 Uses limited to those pe�nnitted, _ Excepting as suthorized in tlus title, no premises I �Y ��1. occupied or maintained, and no build- ing or improvemeut or premises,shall be, ar shall be permitteci to be, designed, arranged, intended, used, occupied, constcucted, established, maintain�, � altered ar enlarged for any purpose other tban for We , uses permitted by this title in the district in. which it is located: Uses not listed as permitted or conditional � shall be prohibited. Specification of prohibiteduses in any district shall be for illustration, ezample• or emphasis only, and shall not be inteipreted or under- stood as allowing uses neither permitted or ezpressly prohibited.. (1941 Code § 1920, added by Ord. 539; January 4, 1954, and amended by Ord. 762; Septem- ber 17, 1962 and Ord. 1403 § 6; Febtvary 5, 1990). �1 25.04.080 ConsisEency with general or speciFc plans and CEQA. Approval of a zoning, rezoning, variance or use pernut pursuant to this title shall be based on a finding that the approval is consistentwith the generat plan and applicable specific plan adopted by the city - council. Applications for a zoning, rezoning, variance or use permit shall be denied if found to be inconsis- tent with the general plan or appiicable specific plan. Prior to taking action on any application, ttie approv- ing authority, i:e:, planning commission or - citg council, shall review the environmental status of the project for which the application is being made. Unless We project is categorically ezempt or received a negative dectaration, the approving authority shall, � have certified the environmeatal impact report as complete and adequate before action on the applica- tion. (Ord. 1229 § 1; July 19, 1982). _ _ . J�_..:� i - � p 36.2 - 2 _ - JvLY 1992 ,, ', J -�. ORDINANCE 1272 avinro � � � , .... .. .., 0 O O O� O p��" � � - , .,� , , N�.c . �� ♦ _ :� � . or � a zz ct .,z rz . u �, = Yw . . �'� • K ►� �n u a'ia lYs r � a s s��c -' -- � ' ` - i: a; � = :� �'-�i . O OIO��.��OIO�OiO � � �" 0 0 I � �F�� e� I0 ��' � "' I or �r zz u►r a x: N N L� N u w ��Z ': 6�r➢ .L 9. t � � �� `N ly ZI- /I a '11� 1 " �O OO O � �O!O��IO � � � � � . .� .. ,�. -� . 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O� O� . 1 o i`__~'��=Z O 'r`�."'� . °' ° ` ° : o ° - o_ �` L ° f - s`�`��'�- ;°;°:m;°'° o:o=o �-'o.;��tt ��,y 1 ti r y � y • t O I �� . � . �' � M . G • V y • ` � _ ! 1 ;:�:r::�`'' �- - o � � � - a ' ` � �� ° � � �_: ti �1--- I� --t � - ��1 �.�i� 1 4' (; y1 q- �'v t"''� !__ •_� Z� � ' " 1 1 �� . ! � ' O O •!i�� _ �.:;:j:�;:�sOOip�p�p_O,OiO.O;O.G.�.i.a o - :;C;}t,r�;v�, . . . . _ � : �, Q . t " � �� •, g{�`--�5 ` � � Q �' i � x � L- i: o z � i � � O 's-� - y' �' y�.�''ti � y � � ��-�Y�� O 'A O �' �' � � :' O a ' � � y ..O O ' .. j��o"_ O =O-:�N �o � :�.._l o` Ot . ..Y � d Q - p � e '� �'� O O a (' ��.i � _ � -•.1 � � ; ::•:��-'::• � . � p � � � ., - � " --`�v ^ C ` _ a �}'�::'a�ia�-- � - - - ^ � ' ti?o�:� ;� ! 1 'r' �•.�' a �` _ " � . r :, ' �" . ; M G 1 �. ti� 4 � 4 q � i � � � i� y . CS : r �ev [ : ? " rr k �' p '�'r�:�. � ,��a` �Q •, �;�;0 O;OrD '`'�`'�,I•.. . - � � _- ��. Y '• • -_: ___ .. _ ��/ . n• �Y� W�CO� M[� titwlFORNU � � SaN lR.v/tlSCO � — = = = � � � � UTY f COUM(Y � � = � � � �- � � R . . SP.R.rt. ro �.-0 F �28 ' " � BROADWAY COMMERCIAL�AREA � � \, � � City of Burlingame Planning Department (415) 696-725,0 501 Primrose Road . Burlingame, Ca. 94OZ0 C��' 25:36' . _ C-1 D�STRICT REGULATIONS 25.36.010 Scope of reguiations. 25.36.020 PeimiEted usesi', : : , 25:36.030 Condifional iues requiring a's��al P�'�� . 25.36.031 Permit#ed uses in Burluigame Ave- nue Commercial Area. 25.36.032 Conditional uses in the�B�u�lingame Aveuue oommercial area. 25.36.033 Nonconforming uses in Burlingame Avenue oommercial area. 25.36.034 ProhibiEed uses in Broadway com- mercial area. 25.36.035 Additional conditional uses in cer- tain areas. 25.36.036 Grocery, drug and deparfinent stores. 25.36.038 Food esta6listunents in the Broad- way commercial area snd Burlingame Avenue oommenial area, subarea A. 25.36.040 ProiubiEed uses. 25.36.050 Ambiguity oP use. 25.36.060 Building regulations. 25.36.070 Height and bulk of buildiags. 25.36.010 . Scope of reguiatious. The following regulations of this chapter shall. apply to all Gl diskricts. {1941 Code § 1930 (part),. added by Ord. 539; January 4, 1954). 25.36.020 Peimitted uses. The following uses are permitted in the C-1 districts: 1. Advertising st:uctures, where such strnctur'es are a componeat part of a<building :and used �for advertising the business therein; : - 2. Antique shop; 3., Automobile sales room; but excluding seivice facilities; . 4. Barbershop; 5. Business office or agency; 6. Cleaning and dyeing agency; 7• Creamery, but excluding bottling or manufac- ture of dairy products; 8. Dancing academy; 9. Dressmaking, tailoring, but excluding whole- sale manufacturing; 10. Electrical appliances, fixtures, radio, etc.; 11. Hotel; 12. Pet shop, but ezcluding breeding peus, JuLY 1992 boarding or keanels3 • : . 13: � Offices .. ezcept health services, financial inatib�tions : aad . �+eal .; estate; ; Pmvided , that � health services shall be perniitted in the Gl porEioa of those blocks bounded by . El Camino� Real; 'Murchison Drive, California Drive and Dufferia� Aveaue; 14. Public eating establishmeats; " 15. Shce repair shop; � 16: Store or shop for the conduct of any m,tail biisiness as otherwise herein provided;. . `.L7: Wasfiing machine reatal service, but ezclud- ing laundries; , . - : 18. Uses customanly incideutal to the above uses, and accessory buildings wheu -located on the same lot; provided, that there shall be no mannfactur- ing, assembling, compoundin8. SP�Y�S� p�ssing or treahment of products other than that which is cleacly incidental and essential to a store or business and where all products therefrom are sold on the premises. (1941 Code § 1930 (A), added by Ord. 539; January 4, 1954, and amended by Ord. 1058 § l; January 5, 1976, Ord. 1184 § 1; July 7, I980, Ord. 1229.§ 2; Tuly 19, 1982; Ord. 1403 §§ 7, 8; February 5, 1990, Ord. 1418 § 1; August 2A, 1990 and Ord. 1426 § 5; November 5, 1990). i� 25.36.030 CondiEionaI uses requiring a special Petmi� The following are conditional uses requiring a special P�rmi� . � 1. All permitted uses and all nses allowed with a condifional use pernut in the R district; aad subject to the same regulations and restrictions applying to those uses in their respective districts, and subject to the building restrictions prescribed in $actions 25.36.060 and 25.04.080; . 2. Public garages; 3. Gasoline service stations, subject to regula- _: __ tions prescribed in Chapter 25.74; . 4. Transportation terminal, depot, statioa ticket -offices and any building or structure used for the accommodation of passeugers; 5. Parldng lots, sabject to the regulations pre- scribed herein; 6. Mortuaries; 7. Financial institutions; 8. Dry cleaning processing plants; 9. Other uses simiIar in character to those enumerated in this section which will not be obnox- ious or detrimeutal to the neighborhood in which they are located; 10. Any stniclure that is more than thirty-five feet in height; 11. C-2 uses in the block described in Section 362 - 35 0 25.36.050 mendahon to `tlie city.council by resolution of record, , 1930 ;(,L�, ,added by;Ord„539. January 4, ]:954;��d�, - setting forth its findirigs aad reasons for �uch class�fi z:;,; , ameadad:�y Ord; .�1025 � 7'r.; 6`��J y�. y fi P : ... � :4 .. } l.. 'n16 :' . , -.. � 1' 7i� ,2�:c'. '.�'.._ i�tion.. 1941 Code `1930 - - . - i .. $ (D). added by +Qrd. 539; � ." , : �... __ ., : . January 4, 1954). '� . . �: ` F�`•'�, ". . . % '. " ... �. :: ' ::. x.f [. . . ! ZJ.� Q� _, BIL�� I�{1pRS z',' ` . •: 1. 'Only one building designed ot u'sed sole,ly sts y:: .. . a resideace for one:� more`families shall be located, ': _ . erected or n�aintairied oa one lo� ' 2: ':All. building regulafions, . restnctions aad., , limitations �lating `to dwelling;uaits� ia R: districts`;r. ` , shali aPPlyto dwelling units in C districfs,_except as` provided 'ui this chapter. . . ' , ' 3. ;in a buiiding designed to be used; or:used, for commencial piuposes in a poctibn of wliioh a dwelling for residence of one or niore families is located on .` tlie same story as the.comme�+cially used portion; die following" regulations sball.aPP1Y: . _ � , (a) Tfie airea and average width of the lot sliall be :�: :: _ .. _. --___.__ the same as provided in`R districts; '� (b) That portion designed to be used;.or used, :as a dwelling -or resideuce ' shall be subject to tfie _ setbacic requirements _ and lot coverage reqiiirements : as provided. in Chaptes 25.28 of tliis code;'" _" _ . ,<- : . �_. 4. In a building designed to be used, or used, for ;. ". ' �°mmem�al Purposes, and" in a poition'qf which a. ... . dwelling for one or moie `families `is located in another story than that portion used commercially, the following regulations sball apP1Y: . (a) .1he'area and avecage� width' of the: lot on :: which such b►ulding is located shall be the same as .; .. provided'in'R districts, and the area`of.�]iaE'portion :- _: designed to be used, as a resideace or dwelling shall . , ,, be no greater ' than the area which would be permitted - , in the' event siich portioa were `locateil oa the ground " floor or story. of such building, -. � �' (b) That pbrtion designed to'tie used, ar used, as _ � a dwelling or resideuce shall be subject'::to the sethack requiremeuts and lot coverage requineme.uts ;�� ." as provided in (�apter 25:32 of this'code, .. . . i4) � P�ition used; or designed to be tiised, for �* ., . _ A � �°"'^+�'*'ial Purposes must conform to all otdinances �` , . of the� building code of`others relating tg' fire .or �' health proEectioa: (1941 Cod'e § 193Q (L�,'added by `. Ord. 539; January :4; 1954,""ameuded by� Orii. -1460 ".' . . ., § 2 (Part), May 18, 1992.) 25.36.070 Height and bulk of 6uilcLngs:' : -- . Every' buildingtiereafterconstructed,�reconshliict-. ed or i�elocated upon any lot or'lots'in a'G1'districf ' shall not exceed a height determined`by its'relaiion to :' the a�;a of ttie lot or lots upon which the.buildiag'is" located in fhe ratio of three squaire feet' of building io one square foot of land, (FAR = 3.0). (1941 Code § 362 - 38- ' ., :;;: ,, - , . . i . _. ... . � 7utY 1992 � N � �✓/ � _( °,� ��` P� 0� v �� c Y �_��`� f Lo�AT ��/�l oF WO�JG I128 c�+uc�4 vl�,r�►--��---- . � � y F2�N�ls�° �.\�\ -S A N _ � •;� � � ,�� 9'1 'I L 1�. � B% R� y.?��r !�! ��. �- :� . � �� J� , �, �.�=_: :_;� . ,,-�� . — � ��,,��;:, v/i ` � �� , �� -� , j �� 0�� Lo' �<`' ^. /°�/ J� �^ � I ` T C�TY OF BURLINGAME SAN MATEO COUNTY CALIFORN�A Rrnsen: ••11-8-1999 a�..�,� � � REZONING REQUEST C-1 TO R-3 AT 1128 CHULA VISTA AVE. EXHIBIT 1 � FORNIA C + � �.SAN MATEO OR. � ubrzs w , 64� ' A5.4'iG' 50' /� po� qo' So' • ' 50� 30' 20 l0 40' 50" 50' ry � � 0 � 30 O j0 O O o � �. 2� �� O � ' � "' u'I _ PARCEL A 'n � o �I I ' ; � _t� . I 2 6 � 7 8 9 /0 �/ 5�� io /2 � / 1 } I � � j�5' � � a 57.90G' 50' I o� 50' - 50� 30' �! 50' o m 50' � o, ___ _- H � 5S.99G' 50' Sa' Id �So' 50' " - - - 50' � 5� � '°�: I 23 22 � 2/ 0 /9 /8 /7 /6 /5 /4 /3 28 �� m._. � , � � C_I 1128 R-3 K-"?� P,-3 t�-3- �, � C-I ='��--' c.- _ - I O 2/ � O /. /B /7 /6 /5 O /3 /2 25 7o.22G' So' bo l0 4a' S0' - - - .. . So 50. �� I_� CHUL A V/STA- —� �� d 3 u �z'zsw !OG 50' ' .25' 25' 50' . .. .. _ _ _ _ .. � gp I v-� ��i �i � � ze I 0 � � 0 �0 �� j Os � � I N I N .� � i � � :�,� �� I � io .� :� � 2 g � 4 � 5 6. 7 8 9 /0 /! o/2 � � o / Q 3� i I" _ � �/3 � Q � �. 25. 5 �' ( � G � � �a 50 N o .� s � h gB.Do.• So`_.. .. .. _ . - - - - .. 5c' r So' m.� � z� I 25 24 23 22 2/ 20 /9 /8 /7 /6 /5 /4 � 27 � N� _,.. � �� - _ I� 0 � � 0 � 0 � 0 � 0 � � � 22 2/ 20 /9 /8 /7 /6 /5 /4 /3 /2 // � 5az2G 50' - - -- 3° � 5°� � LAGUNA '� u �z z5 w � b5.G5' 4d.95' ' 4e' . 50' - • - .. � f,o . qo. lo - 50 � 50. a O.I „��.�� 'I��Z� � � � Q � � �o �� -� �z Q 0 .• ioo .,� � , � � V _ „ � �, � O��o• .�, `�` 3 t 4 5 6 7� 8 9 /0 // l2 �/3 �/ � O � b ;�•n.4e 3'�^ 67.4A� 82.62�i' i 4ff Z So' �^,> r' 50' 40' 10� So' ^� a`�. �,.:_: .:,,. �. �_� i'�r';�. _ � "-r � ::;> . ^, y �� . �� ;t,�� / . 3� t ; _�... � � _ ;; . • ...a c _ +r....+ n / - � � �' e � ♦ � �� f � �� ` .,�� -'r -�l x a �. _ _ � �-^a a ; . � 1 - :.:_ y -,� � $.��Irl1�� F - �. s��.-o+. . � .. �� - _ . " � � � _' Z„dn€��'.$' �h`�i'P�' �"Tvk Y'-.^C�f.�^g� q'.a..."' :- �: � �'� � �, f � ��' fllFs� wa � � � '�"`� _ _ �.�.. � �" s �� _�"- ��5�`@��k' �;,,,, r^� � �.-. � � �, ��. "� . . �� "`�.%;�,� . ��'�' "3-fi. �.e � __ , m'��.-.. � r._ . . ,ti�'�.:��as. _ � ... .. �..:�.-..- � .; �ro :�-.:..-`�..� �.. � i � �x� -�' � ; � ��_ ,�_ t_, � �� 3 �r �§5,:._ ';� �� : � � GENERAL PLAN � � GOALS � � 1.. GOAL: To assure that 6urlingame will continue to be a"well-rounded" ' city with residences, schoo.ls, business, industry, and space and faci•lities for social, recreational and cultural activities. Implementing Objectives a. Maintain or increase the variety in uses of land in the City. b. Maintain a variety of sites differing in size and location suitable for a wide range of activities�. c. Encourage assembly of small lots in suitable locations to provide larger sites for apartments, office buitdings, and commercial enterprises. d. Encourage the establishment of businesses, professional offices and institutions to serve residents. e. Keep codes and standards free of arbitrary or obsolete-�== provisions that would tend to inhibit construction of sound buildings in suitable locations to house a vari�ety of uses. f. Provide for and accommodate a range of types of transportation facilities, public and private, to meet the div�rse needs of the various segments of the population and business enterprises. g. Provide a wide ran e of public facilities and services (parks, cultural facilities, utilities, schools, etc. to serve residents a�d business enterprises. 2. �GOAL:' To maintain and enhance the identity of the City and encourage a maximum sense of identifieation by residents with the.City. Implementing Objectives _a. Maintain and enhance rational relationships among f unctional parts of the City (residential areas, business districts, industrial areas, public areas, transportation, etc.). b. Provide improved connections (vehicular and pedestrian) for portions of City now isolated by bsrriers, e.g., railroads, f reet�ays . � c. Establish a pattern of dominance and su.bordination in important . visual features; create harmony with diversity. d. Create distinctive visual qualities - a Burlingame image (analyze existing visual q�ualities and build on the best of these). ' e. Develop identifyi�g.features at entrances to the community and at focal points; encourage construction of buildings adequate in scale and height to provicie identifying elements. 9 3 f. Use trees of appropriate'size and character as a design framework to enhance a s�nse of �identity. � g. Use "street furniture" distinctive in design and color. 3. GOAI: To maintain and strengthen local sources of revenue to enable the City to continue to provide services and facilities at p resent br improved levels without increasing local tax rates. Implementing Objectives a. Maintain reasonable balance between those land uses providing - high tax revenue and low se�vice costs, and those uses with high service costs and low revenue yield. b. Require quality and permanence in site improvements and land development projects to minimize depreciation. - c. Require forward-looking design to minimize obsolescence. d. Encourage sound construction and good maintenance for all buildings. e. Enhance land values and economic opportunity by providing efficient connecGions between functional parts of the City and good access to land to permit development of uses appropriate in type and intensity without undue congestion. 4. GOAL: To maintain and improve the quality of the environment to preserve the public health and enhance the prospec.ts for enjoyment by residents and visitors. Implementing Objectives a. Insure levels of air quality compatible with the preservation of public health, including prevention of irritation to the senses, interference.with visibility,.and damage to vegetation. b. Maintain and improve the quality of water in San Francisco Bay and in the streams flowing through the City. c. Maintain the pleasant appearance prevailing i� most of the City's residential areas and improve the visual quality in areas of less satisfactory appearance. d. Improve the visual qualit.y of conmercial and industrial areas with particular attention to the Central Eusiness District, Broadway, and the industrial areas viewed from major highways. ,e. Protect the citizens of the community a�7cainst excessive noise. f. As�ure opportunities for privacy in places of residence, work, a�d business, end for leisure pursuits. 4 0 , g. Provide or encouraqe the provision of places of ineetinq for social and cultural inte�-change.and the pursuit of group . objectives. 5, GOAL: To enhance the ]ocal economy and the p rospects for economic well being for all residents. Implementing Objectives a. Take full advantage of Burlingame's strategic location, close to the regional center of the San Francisco Bay Area, adjacent to the International Airport, and on the major traffic routes tinking San Francisco with other parts of the State. b. Improve the functional efficie�cy and safety of the circulation - s stem. " c. Minimize disruptive effects of vehicular movement on tki�- community (noise, air pollution, vibration, glare, congestion). d. Improve the functional efficiency, character and quality of the Central and other business districts. h.,_ Provide an effective transition between retail commercial and residential uses to strengthen the residential character of the city. , 6• Encourage mixed commercial uses to provide a transition between districts fully commercial �or residential and to provide housing opportunities for those dependent on transit and desiring a pedestrian oriented living environment. e 5 � . LAND USE ELEMENT � RESIDENTIAL 1. LAND USE ELEMENT The land use element describes categories of uses,.indicates proposed land us.e relationships and indicates proposed land use relationships end identifies in.general terms actions needed to achieve community goals. Fo� the purposes of this plan land uses are grouped in the following major categories: Residential Uses, Institutions, Parks, Commercial Uses, Industrial Uses, and Circulation. Each of these categories is discussed under a separate heading in subsequent sections. These categories and sub-categories are shoUm on the plan diagram which portrays �eneral relationships between the various uses of land and between land uses and circulation facilities. The diagram is not'intended to indicate exact boundaries or extent of the areas. In some instances it may be appropriate for certain types of use areas to overlap so that uses of different categories actually interpenetrate. This would be true of office, shopping and service uses, and high density re.sidential uses when buildings and sites are appropriately designed. -_--. Residential Uses Four categories of residential densities with the foltow.ing ranges of dweiling units per net residential acre are included and shown on the plan diagram: low density up to 8 dwelling uni:s per acre; medium density�9 to 20; medium.high density 21 to 50; and high density over 50 dwelling units per acre. An area northwest of the Burlingame Avenue-Park Road shop�ing center is designated for high densit,y residential uses in recognition of its special locational advantages. It has good access to aTl forms of transportation and proximity to the major downtown area in Burlingame. The dominant building type envisaged for this area is multi-sto ry apartment buildings. Areas for medium high density residential uses are designated around the periphery of the Burlingame Avenue-Park. Road center, arou�d the Broadway shopping center, and as a part of the complex of activities in the Burlingame Plaza area. In addition, the frontage along most of .E1 Camino Real� is included in this category. The medium high density residential areas in many instances provide a transition between highe� intensity uses and adjoining lower intensity uses. The typical building type contemplated for the medium high density'area is the two to three story apartment building but higher buildings would also be appropriate. N�edium density areas shown an the plan diagram would be occupied in the.main by duplexes and one and two story garden apartment developments. Low density areas with single-fami]y detached residences, occupy the remainder of the City. For the most part existing low density residential areas are well maintained and of good quality, requiring only that present zoning be maintained to ensure protection for the useful life of the dwellings (20, 30 or more years). F� j LAND USE ELEMENT COMMERCIAL . � In addition, to augment fhe small sites of many of the existing ! neighborhood parks and elementa ry schools, aequisiti.on of adjoining lots is recommended whenever such become available. In some instances r street closings of very short sections of streets could be used to L augment existing sites or to link schools and parks toget#�er.. In some instances such closings would increase traffic safety,in. addition to r providing very much needed park space. L Commercial Uses . Three complexes of commercial uses a re included in this plan: the Burling,ame � .Plaza Area, the Broadway center, and the Burlingame Avenue-Park Road center. In these centers of commercial activity three general categories of commercial r uses are shown on the plan diagram: Shopping and Service, Service and Special L Sales, and Office Use. In addition to the commercial uses in these three centers of activity an additional category of commercial use, Waterfront- � Commercial, is indicated along most of the waterfront area. -- Burlinctame Plaza Area. This area includes outlets providing convenience goods and consumer services to local residents and workers; the Peninsuia Hospital and medical offices; and.other professional-administrative offices. No changes are recommended in the pattern of uses presently established. The visual quality of the shopping center should be improved and the parking area serving the shopping center needs redesign and tree planting to improve functional efficiency and appearance. Broadway Center. Outlets in this center now provide convenience goods _ and consumer services for residents in.the general vicinity. Although many of the businesses here are well established and apparently successful enterprises, better circu,lation, more parking, and better urban design would enhance this center. Separation of vehiculzr and pedestrian cireulation and reduction of through-traffic on Broadway is needed. Recommendations for improving the traffic curculation pattern are presented in the Circulation Element. These include a gr.ade separation for the railroad.tracks and improvement of the Broadway-Bayshore Freeway interchange to relieve traffic congestion at that point. Consideration should be given to creating a pedestrian precinct on Broadway in the section between Laguna Avenue and Capuchino Avenue. Additional off-street parking should be provided to the rear of present business outlets fronting on Broadway witn access to such ]ots from the ne�•� streets indicated on the plan diagram. An urban desig� plan should be developed ' for this center to provide more detailed guidance for future changes. Burlingame Avenue=Park Road Center. This center includes outlets providing a wide range�of consumer goods and services for Burlingame residents and residents of adjoining communit�ies. !t also includes business service establishments, business and professional offices, civic buildings, and some residential uses. The fiollowing organization of uses within the center is recommended: shopping guods outlets should, in the main, be located along •Burlingame Avenue and Park Road,in a pedestrian precinct; convenience goods stores, restaurants, and consumer service outlets should not occupy ground level street frontage space in the heart of.the center but should be in more peripheral lo:.ations; the frontage of the west side 12 C MEMORANDUM TO: PLANNING DEPARTMENT FROM: CITY ENGINEER DATE: APRIL 19, 1994 RE: CONDOMINIUM PERMIT FOR 4 UNITS, TENTATIVE CONDOMINIUM MAP AND TENTATIVE AND FINAL PARCEL MAP FOR LOT COMBINATION PURPOSE - RESUBDIVISION OF LOTS 20, BLOCK 1, MAP OF 1128 CHULA VISTA AVENUE - EASTON ADDITION NO. 1, PM 94-2 CONDOMINIUM PERMIT I have the following comments which need to be addressed prior to any action. I GENERAL• 1. All utilities to this site must be installed underground. Any transformers needed for this site must be installed underground or behind the front setback on this site. 2. Indicate that new curb, gutter and sidewalk fronting this site shall be designed by a civil engineer, approved by the City Engineer, and installed by this development. II SITE AND LANDSCAPE PLANS: 1. A1T irrigation systems and planting shall follow City�s water conservation guidelines. III PARKING• 1. Show at-grade parking slab elevations. Maximum slope in any parking space is 5%. Show drainage pattern. 2. Dimension the structural columns and dimensions with respect to parking stalls. Columns that are on the side of parking spaces are to be clear of vehicle's side door access and should be at least two feet (2') clear of the rear of the stalls to facilitate maneuvering. 3. Show callbox/intercom system to all units from driveway in front of security gate and at the top of the driveway so quests may have access to guest parking spaces. If no gate is planned, install conduit to all units so that if gate is installed in the future, the system may be easily installed. 1 IV ARCHITECTURAL PLANS: 1. Show design of trashroom and indicate size of receptacles, including receptacles for recycling. Confirm sizes needed with BFI. 2. Individual unit climate controls_as well as separate shutoffs for gas, electric and water are required. Donald T. Chang,�.E. Assoc. Civil Ena eer � c: Owner, Architect F:\WP51\FII.ES\CONDOMAP.RVW (REVLSED 2/28/94) � � ROUTING FORM DATE; ' � 2g 9� TO: CITY ENGINEER CHIEF BUILDING INSPECTOR ✓ cFIRE MARSHAL -PARRS DIRECTOR • CITY ATTORNEY FROM: CITY PLANNER/ZONING TECHNICIAN SUBJECT: REQIIEST FOR �—f- �i�{�/ 7 C��Q% ��/,�� r� r��l v-� �� y��i o-� � - AT I I�Z � C.�%�lGl !/ I S�� SCHEDULED PLANNING COMMISSION ACTION MEETINGc REVIEWED BY STAFF IN MEETING ON MONDAY: _�'.2 ��g�- THANKS, Jane heri eah Date of Comments l�Sfi /�y'�C� a'� i��/o l�� j�tc�'� c� /�lo� �� e�l�i�ev��1Q/ � � �r�c��- ov��- �Sl�t �fGrC� �/�' : , . ��jUll;�t � 1�1,1��1 �� v 1�PP� t� i T�- PaJ ft� ,z� ►�f1 c� �l,ct.� �Pc�N��,��sT��. r � SQ�t N�,�S M.�� I�taN ��r�.a �y �N t�(�I�o�� C�� 1 1�r\l� cJ.� � y , � '� � �.-., ,:,.�,j :,<�:,;��.G - � �<�_ , ROU'i�TG FORM ` DATE: _ � ' / � J �� TO: CITY ENGINEER CHIEF BIIILDING INSPECTOR FIRE MARSHAL � PARRS DIRECTOR � CITY ATTORNEY FROM: CITY PLANNER/ZONING TECHNICIAN SUBJECT: REQIIEST FOR AT SCHEDULED PLANNING COMMISSION ACTIOPI MEETING: REVIEWED BY STAFF.IN MEETING ON MONDAY: TxArrxs , Jane/Sher'/Leah Gt /�e �cc,l� . �ro' . c% . �ev��u5� , y� l�.v�v�-�-►� ,C�w�v�� V-��-�(-�S � ow� Ci�-�O�vi�� V�.ps�-$�t�� i,U�,��- ��e�, c�� Uu�,�� t/l.l� ��i�� S �� c�z � rn ,,� � ��S �� -- _ �� li`� '� ' � 4-�� Date of Comments / �'/ � • / '� i � / I ' U� �`�jzb I P� T` GV r �� T�"Gt ( I'C c� � /LL�I— /�f2 c/ i ��'j'ic3 �cJ' �`,�� f-C�� rG �' v�o�' `'�-"�' � . � � � �c , ��i� . /V �:�� ' (� r �oor- 6sf . ��or�s a.i2 � e�� r �t�i va.� f?�-�S �� t,'re t n��a.c� � �j o�� ue��.v� �.� . G�o w e►ret'�. �-s-e�s �N f� �� 4�-a-� � w,ll �� - �� y � �`�-� ��. y .�,�., �.;s �� ,2 �1:�-1 Nw� �Nd !- � (�ait�' r� i,� �a-t-11/ ` Vc� �u.a. % lP S�2G<��) w � CI bQ �� o-esse� � c,� � e,� ��'� co,Us �v-� G,�r'G�v c� c u�+ �� a i�e S �c� •�i �?� . • � CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 (41S) 696-725D NOTICE OF HEARING The CITY OF BIIRLINGAME PLANNING COMMISSION announces the following public hearing on MONDAY. THE 13TH DAY OF JITNE 1994 at 7:30 P.M. in the City Hall Council Chambers located at 501 Primrose Road, Burlingame, California. A copy of the application=�a�d plans may be reviewed prior to the meeting at the Planning Division at 501 Primrose Road, Burlingame, California. 1128 CIiULA VISTA AVENIIE APNS 026-191-190 APPLICATION FOR A NEGATIVE DECLARATION, GENERAL PLAN AMENDMENT, REZONING� RESIDENTIAL CONDOMINIUM PERMIT AND TENTATIVE MAP FOR A FOIIR IINIT RESIDENTIAL DEVELOPMENT AT 1128 CHULA VISTA, ZONED C-1, BROADAAY COMMERCIAL DISTRICT If you challenge the subject application(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in the notice or_.�n written correspondence delivered to the City at or prior to the public hearing. Please note, when possible, and when multiple family or commercial development is involved, this notice shall be posted.in a public place on the project site and .on neighboring buildings with tenants. MARGARET MONROE CITY PLANNER JUNE 3. 1994 RESOLUTSON'NO. RESOLUTION APPROVING:NEGATIVE•DECLARATION,.GENERAL PLAN 'AMENDMENT:; REZONING AND.CONDOMINIUM PERMIT , . :RESOLVED, by.the Planning Commiss.ion of the.City of Burlingame that: WHEREAS, a negative declaration has been proposed and application has been made for a General Plan Amendment to �.and use. Re�on;i,�r frmm �_; zo.x-� ana condominium Permit for proiect at ].128 Chula vista Avenue owner: Borel/Poplar Development� Belmont, Ca 94402; and -191-190; propertv , WHEREP.S, said matters were heard by the Planning Commission of the City of Burlingame on June 13, 1994 , at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is RESOLVED and DETERMINED by this- Planning Commission that: - 1. On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this commission, it is hereby found that there is:no substantial evidence that the project set forth above will have a significant effect on the environment, and Negative Declaration ND 471-P is hereby approved. 2. Said General Plan Amendment, Rezoning and Condominium Permit is approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such general plan .amendment, rezoning and condominium permit are as set forth in the minutes and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. . ,CHAIRMAN r I, Mike Ellis , Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced,and adopted at a.regular meeting of the Planning Commission held on the 13th day of June , 1994 ; by the following vote: AYES: COMMISSIONERSi NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: SECRETARY 1 CONDO.,GSN.PLAN AXEXDXSXT�RSZOXS EXFiIBIT "A" 1Z28 CHUI,A.YISTA AVS. Cond�tions of approval Negative Declaration, General Plan Amendment, Rezoning and Condominium Permit 1128 Chula vista Avenue effective June 20, 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, tiie 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 sa��e 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 applianees 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 Eire 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 provicle 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 br used for any support activity such as storage units, utilities.ar 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. � h ' T S' CITY OF BURLINGAME MEMO TO: FROM: PLANNING COMMISSION CITY PLANNER �Qy� �� SUBJECT: REQUIREMENT OF REZONING RESIDENTIAL USE FOR PROPERTY AT 1128 CHULA VISTA. DATE: 5/31/94 WITH GENERAL PLAN AMENDMENT FOR ZONED C-1, BROADWAY COMMERCIAL AREA, At the Planning Commission Study meeting on May 23, 1994 the Commissioners asked that if the C-1 district allows residential development as a conditional use, why is a rezoning to R-3 necessary for this proposed 4 unit residential project? The properties zoned commercial (C-1) along Broadway and on the cross streets between E1 Camino Real and California Drive have been designated in both the General Plan and zoning ordinance as a special commercial area. In the General Plan the area is called the Broadway Center. In the zoning ordinance the area is called the Broadway Commercial Area. In both cases the two areas include the same properties. In the Land Use Element of the General Plan the uses in the Broadway Center area are specifically called out and described. (General Plan page 12). There is no mention of residential uses or of a policy to promote residential uses within this sub-planning area. In 1984 the Broadway Center was called out as the Broadway Commercial Area for specific zoning regulation. At that time the definition of the area was mapped and defined as being all the properties zoned c-1 fronting on Broadway and the side streets intersecting Broadway; 1128 Chula Vista was clearly one of these properties. (See map of Broadway Commercial Area). The present C-1 zoning district allows, as a conditional use, residential uses, either as the sole use of a property or as a mixed use with commercial. The issue with the proposed 4 unit residential condominium at 1128 Chula Vista is not that the C-1 zoning will not allow a multiple family residential development in the C-1 zone. Rather the issue is one of consistency of zoning with the General Plan i.e. the zoning allows residential uses and the General Plan does not. The California Planning Law Government Code 65300.5, states that the General Plan (land use map and elements) must be internally consistent. This means that the map cannot say one thing in terms of land use and the land use element say something else. In the case of our current plan, the General Plan Map shows the Broadway Center as shopping and service commercial use. The designation appears to be coterminous with the area zoned C-1 on and adjacent to Broadway. The land use element description discusses commercial uses exclusively; there is no reference or discussion of maintaining or bringing residential units into the commercial area. r 5/31/94 REQUIREMENT OF REZONING WITH GENERAL PLAN AMENDMENT FOR RESIDENTIAL USE FOR PROPERTY ZONED C-1, BROADWAY COMMERCIAL AREA, AT 1128 CFiULA VISTA. page -2- Section 65800 of the Government Code notes: "It is the purpose of this chapter to provide for the adoption and administration of zoning laws, ordinances, rules and regulations by counties and cities, as well as to implement such general plan as may be in effect in any such county or city". Section 65860 (a), goes on to state in part: "County or city zoning ordinances shall be consistent with the general plan of the county or city by January,l 1974. The State code then addresses inconsistency and how to bring inconsistencies into compliance in section 65862: When inconsistency between the general plan and zoning arises as a result of adoption of or amendment to a general plan,... hearings held...for the purpose of bringing zoning into consistency with the general plan,...may be held at the same time as hearings held for the purpose of adopting or amending a general plan, or any element thereof....It is the intent of the Legislature, in enacting this section, that local agencies shall, to the extent possible, concurrently process applications for general plan amendments and zoning changes which are needed to permit development so as to expedite processing of such applications." To comply with the direction of consistency between the zoning and the general plan, the Burlingame zoning ordinance was amended in 1982 with Section 25.04.080 which states in part: Approval of a zoning, rezoning, variance or use permit pursuant to this title shall be based on a finding that the approval is consistent with the general plan...Applications for a zoning, rezoning, variance or use permit shall be denied if found to be inconsistent with the general plan.... Further, in 1984, motivated by the change in the state planning law requiring consistency between the General Plan land use designations and the zoning, staff did a comparative study of the land use designations and zoning. For this study, which resulted in a series of general plan amendments and rezonings, the following zones were determined to correspond to the following land use designations: General Plan Land Use Residential low density medium density medium high density high density ' Commercial shopping and service service and special sales Zonina R-1 R-2 R-3 R-4 C-1 C-2 0 0 5/31/94 REQUIREMENT OF REZONING WITH GENERAL PLAN AMENDMENT FOR RESIDENTIAL USE FOR PROPERTY ZONED C-1, BROADWAY COMMERCIAL AREA, AT 1128 CHULA VISTA. page -3- Office use C-3/C-4 Waterfront commercial C-4 e commercial recreation , hotels/motels . restaurants Commercial residential C-R Industrial and office use M-1/O-M As a result when the property owner of 1128 Chula Vista Avenue came in and requested to piace a multiple family residential use on the site, without any commercial use, staff looked at the following factors: a. The general plan designated shopping and service use (consistent with C-1). b. The site is zoned C-1. c. The designation of the Broadway Center in the general plan did not mention residential uses within the area as a development objective or policy. d. Although at the edge of the Broadway Center area, there was no dispute that this property was included in the Broadway Center. e. The proposed project is clearly a use consistent with the general plan land use designation medium high residential and R-3 zoning; both of which,are immediately adjacent to the site on the south. On the basis of these facts, and the fact that the State planning law clearly directs consistency between the General Plan and zoning, staff proposed that the applicant apply for a general plan amendment and rezoning along with the use permit for the 4 unit residential condominium. * Keeping the C-1 Zoning Designation Since the C-1 zoning District does allow multiple family residential uses as a conditional use, the Planning Commission could determine that the C-1 district could be used to implement the medium high density residential land use designation. If this were done, the determination would apply to all areas designated medium high density residential in the General Plan. It would mean that while this applicant does need a general plan amendment for this project he would not need a rezoning. It would also mean that while the applicant's zoning would allow commercial uses at this site, the general plan would not. In other words if he wanted to build a commercial use or mixed commercial residential use in the future, he would have to amend the general plan again. In the end, retaining the C-1 zoning is not givirig future users of this property the clearest message about City policy regarding this site and could lead to just the kind of misunderstanding that the legislature was trying to avoid with the consistency requirement. *Another Approach 0 5/31/94 REQUIREMENT OF REZONING WITH GENERAL PLAN AMENDMENT FOR RESIDENTIAL USE FOR PROPERTY ZONED C-1, BROADWAY COMMERCIAL AREA, AT 1128 CHULA VISTA. page -4- If from this discussion it appears that the land use policy for the Broadway Center is not accurate, and if, in fact, to vitalize the area residential uses within the area should be encouraged, then the Commission should look at changing the text of the General Plan. If the text stated that residential uses were appropriate to accomplish the commercial goals of the area, then the C-1 district is perfect for implementation and no general plan amendments or rezonings are necessary for this proposed project. If the Commission should wish to pursue this alternative it cannot be done at the June 13, 1994 meeting addressing 1128 Chula Vista because the public notice did not include changing the land use policy for the entire Broadway Center. However, the item could be placed on a later agenda for consideration. Given all the above considerations and the fact that the applicant is interested in just the one property, it seemed prudent to ask for the rezoning to R-3 as well as extending the medium high density residential designation one lot to the north. Whichever way the determination.on the appropriate implementing zoning goes, the decision on the general plan is permanent. If the general plan land use designation is changed to medium high.density residential then commercial uses will not be allowed on the property at 1128 Chula Vista in the future. The City Attorney did note that all of these requested actions - negative declaration, general plan amendment, rezoning and use permit for condominiums - could be acted upon in a single motion. By this method if the residential project is not acceptable then its denial will include denial of the negative declaration, general plan amendment, and rezoning. M/s REZNGPA&.23 �� '; � � � �� In addition, to augment the small.sites of many of the existin.g neigh.borhood parks end:elementary schools; acquisition of ad�o'ining lots is recommended whenever such 6ecome available: In some`instances street alosings of very sho.rt sections of streets coul.d.be used to.- augment existing sites ar to link.schools and parks toge,ther.; In some_ instances such closings would increase traffic safety in addition to providing very much needed park space. Commercial Uses - Three complexes of commercial uses are included in this plan: the Burlingame Plaza Area, the Broadway center, and the Burlingame Avenue-Park Road center. In these centers of commercial activity three general categories of commercial uses are shown on the plan diagram: Shopping and Service, Service and.'Special Sales, and Office Use. In addition to the commercial uses in these three centers of activity an additi.onat category of commercial use, Waterfront- Commerciat, is indicated along most of the waterfront area. Burlinqame Plaza Area. This area includes outlets providing convenience goods and consumer services to local residents and workers; the P,eninsula Hospital and medica] offices; and.other professional-edministrative offices. No changes are recommended in the pattern of uses presently established. The visual quality of the shopping center should .b`e.i�mproved.and fhe parking area serving:the shopping center needs redesign and tree planting to improve functional efficiency and appearance. -- � � Broadway Center. Outlets in this center now provide convenience goods �. and consumer servicPs for.residents in the general-vi.cinity. Although �---°`' many of the businesses here are well established and apparently successful enterprises; better circulation; more parking, and b.etter .urban design would enhance this.center. Separation of vehicutar and pedestr..ian circulation and reduction..of through-traffic on Broadwey is needed. Recommendations for improving the traffic curculation pattern are- presented i�n the Circulation Element. These include a grade separation for the raiTroad tracks encl improvement of the Broadway-Bayshore-Freeway interchange to relieve traffic conaestion at that point. Consideration shoutd be given to creating a pedestrian precinct on Broadway in the section between Laguna Av,enue and Capuchino Avenue.. Additional off-street parking should.be provided to the rear of pcesent business outtets f ronting on Broadway with access to such ]ots from the neur streets indicated on the.plan diagram. An urban design plan should.be deve]oped for this center to provide more detailed guidance for future chenges. Burlinqan�e Avenue-Park Road Center. This center includes outlets providing a wide range of consumer goods and services for Burlingame residents and residents of adjoining.communities. lt also includes business service establishments, business and proTessional offices, civic 6uildings, and some resi�ential uses. The following organization of uses within the eenter is recommended: shopping goods outlets should,. in the main,.be located along Burlingame Avenue and Park Road,in a pedestrian precinct; convenience goods stores, r.estaurants, and consumer service outlets should not occupy ground level street.frontage space in the heart of the center but shoubd be in more peripheral locations; the frontage of the west side 12 - T:IE PLANNING AND ZONING LAW � � d l-C- � Q�! V �� ,�� J UVU�,�� Authorily to perfarm functions: entry onto private land Public officials to furnish planning agency with amila6le informatiort 65105. In the performance of their functions, planning agency personnel may enter upon any land and make examinations and surveys, provided that the entries, examinauons, and surveys do not interfere with the use of the land by those persons lawfully entitled to the possession thereof. � (Added by Stats.1984, Ch. 690.) 65106. Upon request all public of�icials shall fumish to the planning agency within a reasonabie time any available informaGon as may be required for the work of the planning agency. (Added by Stats.1985, Ch. 617.) (Article 2. [comrnencing with Section 65150j repealed 6y Stats.1984, Ch. 690.) (Article 3. [commencing with Section 65200J repealed by Stats.1984, Ch. 690.) Article 4. Long Range Planriing Trust Fund Long Range 65250. (a) A city with a population in excess of three million may establish a Long Range Planning Trust Planning Trash Fund in accordance with subdivision (b) to consist of those moneys that are voluntarily paid by an Fund assessee of real property on the property tax bill in an amount equal to one dollar ($1) for each parcel of assessed real property of one acre or less, or one dollar ($1) per acre, and any additional fractional portion thereof, for each parcel of assessed real property of more than one acre, and are collected and deposited pursuant to an agreement as described in subdivision (d). (b) A city as described in subdivision (a) shall establish a Long Range Planning'I`rust Fund by a resolution, adopted by a majority vote of the city's governing body. That resolution shall require that moneys in the fund shall be expended upon the vote of that city's governing body only for purposes of long-term land use planning and general plan revisions. (c) Upon adoption of a resolution pursuant to subdivision (b), a city may solicit voluntary contributions as described in subdivision (a), and upon receiving authorization to collect the contri- bution by an assessee of real property, may transmit to the county assessor, county auditor, and connty tax collector any information regarding the assessee that may be necessary to collect the contribution pursuant to an agreement.as specified in subdivision (d). (d) The county assessor, county auditor, county tax collector and the adopting city may enter into a joint agreement for the collection and allceation of yoluntary contributions as described in subdivision (a), that may provide for the collection of contributions by the tax collector. The agreement shall provide for the allocation to the county assessor, county auditor, and tax collector from moneys collected of amounts equal to the actual and reasonable costs incurred by those persons in collecting and allocating contributions: (Added by Stats. I992, Ch. 937.) Article 5. Authority for and Scope of General Plans Plan required ernal consistency Local implementation Balance of local situation/compliance with state and federal laws 65300. Each planning agency shall prepaze and the legislative body of each county and city shall adopt a comprehensive, long-term general plan for the physical development of the county or city, and of any land outside its boundaries which in the planning agency's judgmentbears relation to its planning. Charteredcities shall adopt general plans which contain the mandatory elemenu specified in Secdon 65302. (Amended by Stats.1984, Ch.1009.) 65300.5. In construing the provisions of this article, the Legislature intends that the general plan and elements and parts thereof comprise an integrated, intemally consistent and compatible statement of policies for the adopting agency. (Added by Stats. I975, Ch.1104.) 65300.7. TheLegislature finds that thediversity of the state's communities and theirresidents requires planning agencies and legislative bodies to implement this article in ways that accom►nodate local conditions and circumstances, while meeting its minimum requirements. (Added 6y Stars.1980, Ch. 837.) 65300.9. The Legislature recognizes that the capacity of Califomia ciues and coundes to respond to state planning laws varies due to the legal differences between cipes and coundes, both charter and general law, and to differences among them in physical size and characteristics, populadon size and density, fiscal and administrative capabilities, land use and development issues, and human needs. It is the intent of the Legislature in enacting this chapter to provide an opportunity for each city and county to coordinate its local budgetplanning and local planning for federal and stateprogram activities, such as community development, with the local land use planning process, recognizing that each city and county is required [o establish its own 28 • 1993 Planning, Zoning, and Development Laws . 1 I S l� � (1 � � Jl � l iC�lS�'�`ZS2 � '�'�/� � � �P/l TI-IE PLANNING AND 7ANING LAW ' standards of court review of a general plan or of other local govemment land use decisio�ns. The� re �e,dies set forth in [his article are interim measures which shall have no application after a general plan has been revised to substanaally comply with state law. ^1 (Added by Stats.1984, Ch.1039. See note following Section 65750.) 65763. (a) The provisions of this aazticle apply to all actions, proceedings, and causes of action set forth in this AppGcability article, whether commenced or alleged by the filing of a petiuon, complaint, cross-complaint, complaint in intervendon, or otherwise. (b) Nothing in this article shall be deemed or conswed to create any cause of action in or to confer standing to sue upon any person, endty, public officer, or agency in the State of Califomia, or any other public officer or agency. (Added by Stats.1984, Ch.1039. See note following Section 65750.) Chapter 4. Zoning Regulations Article 1. General Provisions 65800.Itistheputposeofthischaptertoprovidefortheadopdonandadministrationofzoninglaws,ordinances, Purpose rules and regulations by counties and cities, as well as to implement such general plan as may be in effect in � any such county or city. Except as provided in Article 4(commencing with Secdon 65910) and in Section 65913.1, the Legislature declares that in enacting this chapter it is its intention to provide only a minimum of limitation in order that counties and ciGes may exercise the maximum degree of conuol over local zoning matters. (Amended by Stats.1980, Ch. IlS2.) (Section 65801 repealed by Stats.1984, Ch.1009.) 65802. No provisions of this code, other than the provisions of this chapter, and no provisions of any other code or statute shall restrict or limi[ the procedures provided in this chapter by which the legislative body of any county or city enacts, amends, administers, or provides for the adminisiration of any zoning law, ordinance, rule or regulation. (Repealed and added by Stats. I965, Ch.1880.) 65803. Except as otherwise provided, this chapter shall not apply to a charter city, except to the extent that the same may be adopted by charter or ordinance of the ciry. (Repealed and added by Stats.1965, Ch.1880; Amended by Stats.1986, Ch.190. E„�'ective June 24;1986.) 65804. It shall be the purpose of this section to implement minimum procedural standards for the conduct of city and county zoning hearings. Further, it is the intent of the Legislature that this section provide such standards [o insure uniformity of, and public access to, zoning and planning hearings while maintaining the mazimum control of cities and counties over zoning mauers. The following procedures shall govem city and county zoning hearings: (a) All local city and county zoning agencies shall develop and publish procedural rules forconductof their hearings so that all interested parties shall have advance knowledge of procedures to be followed. (b) When a matter is contested and a request is made in writing prior to the date of the hearing, all local city and county planning agencies shall insure that a record of all such hearings shall be made and duly preserved, a capy of which shall be available at cos� The city or county may require a deposit from the person making [he requesG (c) When a planning staff report exists, such report shall be made public prior to or at the beginning of the hearing and shall be a matter of public record. (d) When any hearing is held, on an application for a change of zone for parcels of at least 10 acres, a staff report with recommendations and the basis for such recommendations shall be included in the record of the hearing. Notwithstanding Section 65803, this section shall apply to chartered cides. (Added by Stats. I971, Ch.1714.) Article 2. Adoption of Regulations Exclusivt raethod Charter cities Minimura standards 65850. The legislative body of any county or city may, pursuant to this chapter, adopt ordinances that do any Regu[ar;on by of the following: ordinance .. (a) Regula[e the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, and other Purposes. 1993 Planning, Zoning, and Development Laws • 61 THE PLANNING AND 7ANING LAW I�'� �� .t, U� p�.C� \ �'�`(� 4- I' rri ` 1 C�� Q/I � �U �� Prtzoning Zoning consistency gtneral plan � Rrocedur� without commissron Htarings for inconsistency of general p/an and zoning Notiee to assessor Growth limitation ordinance findtngs (e) When an interim ordinance has been adopted, every subsequent ordinance adop[ed pursuant to this secdon; covering the whole or a part of the same propeny, shall automadcally terminate and be of no further force or effect upon the termination of the first interim ordinance or any extension of the ordinance as provided in this section. (Amended byStats:1982, Ch.1108; Amended by Stats.1984, Ch.1009; Amended by Stats:1988, Ch.1408; Amended by Stats.1992, Ch. 231.) 65859. A city may prezone unincorporated temtory adjoining the city for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the city. The method of accomplishing such prezoning shall be as provided by this chapter for zoning within the city. Such zoning shall become effective at the same time that the annexation becomes effecdve. Pursuant to Section 54790, those cities subject to such provision shall complete prezoning proceedings as required by law. If a city has not prezoned [erritory which is annexed, it may adopt an interim ordinance in accordance with the provisions of Section 65858. (Amended by Stats.1980; Ch.1132.) 65860. (a) County or city zoning ordinances shall be consistent with the general plan of the county or city by January 1,1974. A zoning ordinance shall be consistent with a city or county general plan only if:(i) the city or county has officiaily adopted such a plan, and (ii) the various land uses authorized by the ordinance are compatible with the objectives, policies, general land uses, and programs speci�ed in such a plan. (b) Any resident or property owner within a city or a county, as the case may be, may bring an action in the superior court to enforce compliance with the provisions of subdixision (a). Any such acdon or proceedings shall be govemed by Chapter 2(commencing with Section 1084) of Tide i of Part 3 of the Code of Civil Procedure. Any acdon or proceedings taken pursuant to the provisions of this subdivision shall be taken within 90 days of the enactrnent of any new zoning ordinance or the amendmentof any existing zoning ordinance as to said amendment or amendments. (c) In the event thata zoning ordinance becomes inconsistent with a general plan by reason of amendment to such a plan, or to any element of such a plan, such zoning ordinance shall be amended within a reasonable time so that it is consistent with the general plan as amended. (d) Notwithstanding Section 65803, this secrion shall apply in a charter city of 2,000,000 or more population to a zoning ordinance adopted prior to January i, 1979, which zoning ordinance shall be consistent with the general plan of such city by July 1, 1982. (Amended by Stats. I979, Ch. 304.) 65861. When there is no city planning commission, the legislaiive body of such city shall do all things required or authorized by this chapter of the city planning commission. {Added by Stats.1965, Ch.1880.) 65862. When inconsistency between the general plan and zoning arises as a result of adoption of or amendment to a general plan, or any element thereof, hearings held pursuant to Secdon 65854 orb5856 for the purpose of bringing zoning into consistency with the general plan; as required by Section 65860, may be held at the same time as hearings held for the purpose of adopting or amending a general plan, or any element thereof. However, the hearing on the general plan amendment may, at the discretion of the local agency, be conclu�d prior to any consideration of adoption of a zoning change. It is the intent of the Legisla[ure, in enacting this section, that local agencies shall, to the extent possible, concurrently process applicadons for general plan amendments and zoning changes which are needed to permit development so as to expedite processing of such applications. (Repealed and added by Stats.1980, Ch.1152.) 65863.5. Whenever the zoning covering a property is changed from one zone to another or a zoning variance or conditional use permit is granted with respect to any property, the goveming body of the city or county shall, within 30 days, nodfy the county assessor of such action. Notwithstanding Se�don 65803, this section shall apply to charter cities. (Amended by Stats.1980, Ch. 411. Effective July 11,1980.) 65863.6. In carrying out the provisions of this chapter, each county and city shall consider [he effect of ordinances adop[ed pursuant to this chapter on the housing needs of [he region in which [he local jurisdiction is situated and balance these needs against the public service needs of its residents and available fiscal and environmenfal resources. Any ordinance adopted pursuant to this chapter which, by its terms, limits the number of housing units which may be constructed on an annual basis shali contain findings as to the public health, safety, and welfare of [he city or county to be promoted by the adoption of the ordinance which jusdfy reducing the housing opportunities of the region. (Amended by Stats.1981, Ch. 714.) 68 • 1993 Planning, Zoning, and Development Laws 25.04.b60 opinion of the council, after determination and recommendation by the commission, not obnoxious or � detrimental to the welfare of. the community. (1941 � Code § 1920 (part), added by Ord. 539; January 4, 1954, and amended by Ord. 762; September 17, 1962). 25.04.070 Uses limited to those permitted. � Excepting as suthorized in tlus title, no premises � may be used, occupied or maintained, and no build- ing or improvement or premises shall be, or shall be permitted to be, designed, arranged, intended, used, occupied, constructed, established, maintained, . altered or enlarged for any purpose other than for the uses permitted by this title in the district in which it is located. Uses not listed as permitted or conditional ' shall be prohibited. Specification of prohibited uses in any district shali be for illustration, ezample or emphasis only, and shall not be interpreted or under- stood as allowing uses neither permitted or ezpressly prohibited. (1941 Code § 1920, added by Ord. 539; January 4, 1954, and amended by Ord. 762; Septem- ber 17, 1962 and Ord. 1403 § 6; February 5, 1990). %�l 25.04.080 Consistency with general or speci6c plans and CEQA. Approval of a zoning, rezoning, variance or use �� pertnit pursuant to this title shall be based on a ' finding that the approval is consistentwith the general ��J plan and applicable specific plan adopted by the city council. Applications for a zoning, rezoning, variance or use permit shall be denied if found to be inconsis- tent with the general plan or applicable specific plan. Prior to taking action on any application, the approv- ing authority, i.e., planning commission or city council, shall review the environmental status of the project for which the application is being made. Unless the project is categorically exempt or received a negative declaration, the approving authority shall have certified the environmental impact report as complete and adequate before action on the applica- tion. (Ord. 1229 § 1; July 19, 1982). 1 7 _ �._ ,l 362 - 2 JoLY 1992 J " , ORDINANCE 1272 J . .,. avi�ro � - T r � O O •an. .. i�VJ � - ': - ,.�. i. .° �° � ° ;° _o - '':':: Y ' - P j ' '= U�'' :=: � �' � oz � iz " zz rz ,z sz � x �� ,�': ; � . w•: � .« • Z�Z . f� Ir I Cf Z! !! ' d 6 P L 9 f 1� YC :Q¢; IY 1_ r r .. :� i� � �: s ' r =.0�'o'o-O-pi :E o�o�o►��o,o�ol . _.. o�F�o a0e�a :�: 0 0�0 0 0 � •;�: � � u tI U 1 P'. � •' �T : • i/ D/ Ll G/ 6! I 0.' /Z . ,� �� . i tz � _'. :�:ti • : ' 9 f � ..J. . � Q� 6jPY L .. N C/ Z� // � ��i� � � �•]••: i• a I � CI O' Q � 0 ��'� ;: �} .. R O O O Q Q t Q��1� '� .�•: •. ' r:: ,�,'- _..... . l�M�: � }}::•' � �..�X:�'r-�^".. 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SV_R.R. � " � —O � ` 1�2$ BROADWAY COMMERCIAL AREA ��nw,M� C�ty of Burlingame Planning Department 501 Primrose Road � (415) 696-7250 Burlingame, Ca. 94020 Chapter 25.36 C-1 DLSTRIGT REGULATIONS 25.36.010 Scope of regulations. 2536.020 Permitted uses. 25.36.030 Conditiooal uses requiring a spe«al Pe�nu� 25.36.031 Permitted uses in Budingame Ave- nue Commercial Area. 25.36.032 Conditional uses in the B�nlingame Avenue oommercial area. 25.36.033 Nonoonforming uses in Burtingame Avenue commercial area. 25.36.034 Prohibited uses in Broadway�com- mercial area. 25.36.035 Addi6onal conditional uses in cer- tain areas. 25.36.036 Grocery, drug and depar(ment stores. 25.36.038 Food establishments in the Broad- way commercial area and Burlingame Avenue commercial area,subarea A. 25.36.040 Prohi6ited uses. 25.36.050 Ambiguity of use. 25.36.060 Building regulations. 25.36.070 Height and bulk of buildings. 25.36A10 Scope of regulations. The following regulations of tlris chapter shall apply to all C-1 diskricts. (1941 Code § 1930 {part),. added by Ord. 539; January 4, 1954). 25.36.020 Permitted uses. The following uses aze permitted in the Gl districts: 1. Advertising sttuctures, where such struclures are a component part of a building and used �for advertising the business therein; 2. Antique shop; 3. Automobile sales room, but excluding service facilities; 4. Barbershop; 5. Business office or agency; 6. Cleaning and dyeing agency; 7. Creamery, but ezcluding bottling or manufac-. ture of dairy praducts; 8. Dancing academy; 9. Dressmaking, tailoring, but excluding whole- sale manufacturing; 10. Electrical appliances, fixtures, radio, etc.; 11. Hotel; 12. Pet shop, but excluding breeding pens, JvLY 1992 boarding or kennels; 13: Offices- except health services, financial institutions aad real . estate; provided that health services shall be �iermilted in the C-1 portion of those blocks bouaded by El Camino Real, Murchison Drive, California Drive and Dufferin Avenue; 14. Public eating establishments; 15. Shce repair shop; 16. Store or shop for the conduct of any m.tail business as othervvise herein pmvided; . 17. Wasliing machine rental service, but exclud- ing laundries; 18. Uses customarily incideutal to the above uses, amd accessory buildings when located on the same lot; provided, that there shall be no mannfactur- ing, assembling, compounding, sPraYing, processing or treatment of ptoducts other than that which is clearly incidental and essential to a store or business and where all products therefrom are sold on the premises. (1941 Code § 1930 (A), added by Ord. 539; January 4, 1954, and amended by Ord. 1058 § 1; January 5, 1976, Ord. 1184 § 1; July 7, 1980, Ord. 1229 § 2; July 19, 1982, Ord. 1403 §§ 7, 8; February 5, 1990, Ord. 1418 § 1; August 2A, 1990 and Ord. 142b § 5; November 5, 1990). /'� 25.36.030 Condifional uses requiring a special permi� The foilowing are conditional uses requiring a special permit: 1. All permitted uses and all uses allowed with a conditional use pern�it in the R district, and subj ect to the same regularions and restrictions applying to those uses in their respective districts, and subject to the building restrictions prescribed in Sections 25.36.060 and 25.04.080; 2. Public garages; 3. Gasoline service stations, subject to regula- tions prescribed in Cl�apter 25.74; 4. Transportation terminal, depot, staflon ticket offices and any building or structure used for the accommodation of passengers; 5. Parking lots, subject to the regulations pre- scribed herein; 6. Mortuaries; 7. Financial institutions; 8. Dry cleaning processing plants; 9. Other uses similar in character to those enumerated in this section which will not be obnoz- ious or detrimental to the neighborhood in which they are located; 10. Any structure that is more than thirty-five feet in height; 11. G2 uses in the block described in Section 362 - 35 25.36:030 25.36.035; __ ., _, 12. Certain, , drug and departmeat stoires " as described in Sech n 25.36.036; - �-� - 13: Driv�in se or.take-out se;vices associ- :♦ ated wifh permitted ; - 14. Real estate, : _ ; �.;.. . 15. Other uses, in. character=:to -those- enwnerated in this secti n or ;;5ection= 25:36:0?A which will not be obnoxi or detrimeatal to the: : neighborhood in wluch they located. (1941 Code :. § 1930 (B), added by Ord. 53 ; Jaauary 4, 1954, and amended by Ord. 1025 § 5; _ ecember 16, .1974, Ord. 1078 § 11; Iuly 6, 1976; 1184 § 2; July 7, 1980, Ord. 1229 � 3; 7uly-.19,`:1 82, Ord. :1248 § 1; Apri118, 1983, Ord. 1297 § 1; 4, 1985, Ord. 1312 § 3; December 2, 1985,' 1403 §§ 9, 10; February 5, 1990 and Ord..1426 §; November 5, 1990). � , 25.36.031 Pernutted uses in Burling e Ave- nue Commercial Area. . The following uses will be permi in the subareas in the Burlingame Avenue comme ' area districts: . , 1. Subarea A: _ : (a) Retail uses wluch aclueve contiguous frontage such as drug, liquor, bakeries, variety sto , paint and hardware, aPParel, accessory, restauran and coffee shops, florists, furniture and draperies, (b) Personal services, suoh:as barber..and beauty shops, photograpluc studios, shce repair, (c) A]?ove the':first floor only:. hotels, offices except heatth: services;:-. real estate and financi :. institutions;.: . 2. Subarea B: , . (a) All uses permitted.in Subarea A, (b) Nurseries, (c) Auto supply, (d) Offices except health:service • and except=as provided in Section 25.36:032(2)(e , � . (e) Computer: programmi�g d: soft�vare equip- inent rentat; ... (� Schools, above t}ie t floor only, ig):Floor covering, _' (h) Fiousehold 'ances. (Ord. 1214 § 2; February 1, 1982, ameuded by Ord. .1347 § 1; August 17, 1987 rd. 1403 §§ 11, 12; February 5, 1990, Ord 143 § 1; March 4, 1991, and Ord. 1460 § 2 iP�)� ay 18, 1992J .: 25.36 2 Conditional uses in the Burlingame Avenue conunercial area. The following uses.shall require a conditional use permit in the designated subareas of the Burlingame ,Aveuue commercial area wiWin the Gl districh 1. Subarea A: (a) .InshvctionaL classes ,incidefltal to. retail or . service use, (b) Grocery stores . snd markets; provid grocery stores and markets exceeding .tea tho square feet.of floor area ane prohibited,' �� (c) Gasoliae service stations; - - (c� Schools, above:the first floor o , which � operate outside of retail hours, (e) Real estate arid�inancial insti 'ons above the " first floor only, : (�. Public utility and public se ice bnildings and facilities, �B) Laund13' and . drY eaning aSencies and processing plants, (h) Drive-in services r take-out services associ- ated with permitted ; 2. Subarea B: (a) All uses ' g a special permit in Subarea A, (b) Pool Is, bowling alleys and other amus� ment uses, --. (c) eatth services, (d esidences above the first floor, e) Real estate or financial insEitutions with fr tage on Chapin Aveaue, Primrose Road, omnelly Avenue or the west side of Lorton north of Donnelly Avenue. (Ord. 1214 § 3; February 1, 1982, as amended by Ord. 1297 2; March 4, 1985, Ord. 1312 § 4; December 2, 1985, Ord. 1347 § 2; Aug�st 17, 1987' and Ord. 1403 §§ 13 - 15; February 5, �l�>' - _ Nonconforming uses in Burlingame Avenue commeraal area. otwithstanding any contrary provisions of Chap r 25.50 of this code, nonconforming uses in the Btu ' game Avenue commercial area shall termi- nate onl upon the vacation of -the premises by _ the use occup ing said premises on October 1, 1981; provided, h wever, such existing nonconforming �ses shall be_allo ed to continue despite destmction by catastrophe or natural disaster of the existing struo- ture, so long the use occupying the space at the time of the catas phe or nadual disaster is We use reluming into the ew stcucdue. New uses in such structures, must co rm,to the permitted and condi- tional uses for the ap opriate subarea. (Ord. 1214 § 4; Febn�ary 1, 1982, amended by Ord. 1230 § 1; August 16, 1982). 362 - 36 JULY 1992 Zsa�.�.oso mendation to the city.council by resolution of record,: setting forth its findings and reasons for such classifi=. cation. (1941' Code § 1930 (D), added by Ord. 539; ! January 4, 1954). ' . _ . , .,. : . , , . :: '� 25.36.060 : Buildiag i�egulahons - 1: Only one building designed or used solely as a resid�ce for one .or more families shall be located, erected or n�untained on one lok 2. All building .regalafions, _ restrictions and limitations relating to dwelling _units _in R: districts ...: shall apply to dwelling units in C districfs, except as provided in this chapter. 3. In a building designed to be used, or.used, for commeccial purposes in a portion of which a dwelling _ for resideuce of one or more families is located on the same story as the.commercially used portion, the following regulations shall apply: (a) Tfie area and average width of the lot shall be . the same as provided in R districts; (b) That portion designed to be used, or used, as a dwei�ing -or residence shall be subject to the setback requireffients and lot coverage requirements as pmvided in Chapter 25.28 of this code: . 4. In a building designed to be used; or used, for . commetcial purposes, and in a portion of which a dwelling for one or more families'is located in another stnry than that portion used commercially, the following regulations sball apply: (a) The area and average width of the lot on which such building is located shall be the same as provided in R districts, and the area of that portion designed to be used, as a resi@ence or dwelling shall be no greater than the area which would be permitted in the event such`portion were located on the ground floor or story of such building; (b) That pbrtion designed to be used, or used, as a dwelling or resideuce shall be subject to the setback requiremeuts and lot coverage requirements : as pmvided in'Chapter 25.32 of this code; ` .(c) That portion used, or d"esigned to be used, for commercial purposes must conform to all ordinances : of the` building code of others relating to fire. or " health piotection: (1941 Code § 1930 (E), added by Ord. 539; January 4, 1954; amended by Ord. 1460 ' § 2 (part); May 18, 1992.) 25.36.070 Height and bulk of buildings. . Everybuildinghereafterconstructed, reconstniot- ed or ielocated upon any lot or lots in a C-1 district shall not exceed a height determined by its relation to the area of the lot or lots upon which the building is' located in the ratio of three square feet of building to one square foot of land. (FAR'= 3.0). (1941 Code § 1930 (,F�, added by _Ord ,539;; Ianuary_4, 1954,;snd. anieuded byOrd.:1025 § 7t D.ecembet�i6, 1974) _ � A 362 - 38 � m JuLY 1992 25.36.034 Protubited uses in Broadway:'com= .', � mereiai . •. . area.. ___ ..... _ : _ The owing uses are prohibited in the Btnad- way comme 'al area: 1. Finan ' institutions. 2. Health se 'ce and real estate; 3. All other o on the first floor. (Ord, 1272 § 2; Apri116, 1984, a� amended by Ord. 1403 § 16; Febmazy S, 1990). � 25.36.035 Additional co ditional uses in cer- tain areas. In addition to the conditi uses set forth in Section 25.36.030, the uses 'tted in Section 25.38.020, except section 1, are conditional uses requiring a special permit in the fo wing described area: that area bounded by Californi Drive, High- land Avenue, Howard Avenue, Hatch e and City Parking Lot 'M." (Ord. 1083 § i; mber 7, 1976, ameaded by Ord. 1460 § 2(part); aY 18, 1992.) 25.36.036 Grocery, drug and departrc►ent \ stores. Grocery, drug or department store uses shall require a special permit if they: 1. Operate outside the hours of seven a.m. to eleven p.m.; or 2. lnclude sale of alcoholic beverages; or 3. Abut a residential district and do not meet e following requirements: (a) All structums have a maximum hei t of eighteen feet; (b) A solid wall or fence of six feet ' eight is to be provided on or about the property ' e abutting the residential district; (c) Structures cover no more fty percent of the lot; ° (d) At least one hundred enty pe�ent of recluireci off-stmet parldng is p vided; (e) No curb�ut is closer twenty-five feet to the residential district; (� The business is olly contained within the structures on the lot; (g) All storage an loading areas and facilities are wholly contained o-site and at least fifteen feet from the reside�tial di trict; (h) Areas betw structures and adjacent resi- dential districts are inaccessible to the public. (Ord. 1248 § 2; April 18, 1983). 25.36.034` „ .: .__ . 25.36.038 ` Food e.stablistunent5, in the Broad- -_ way conwiercial area and ..., _ . -Biii�Iingame Avenue oomm' area, subarea A., ; ,. . `. _ � "1. In the Broadway_ commercial , and � the Burlingame Avenue commencial anea,; �:; �.;,, �e` numbet of �food establisiimeuts � be : iimited to those existing and 'm business Ap ' 16,1985. A food establ�shment is a busiaess .� ` defined �'in Sei:tion 25.08.268 s� shall be , in business if ik was open for business to the •c on.that date: - 2. A basiaess li , building permit or. anY other permit may be ' for aay. food establish ment in said area if e premises is an exis6ng food establishment A 'al Permit, Pursvant to Q�apter 25.16 shall be for expansioa of an exisking food estab ' t, or for location of a faod estab- lishmeat at site aot previously used for such pur- pose. No oad establishmenf s�all be allowed at a new si � nntess t� city planner has determined, based n infarmati� submit� by the applicani, thai the umber of food establ sLmeuts is belaw tbat e'' aad in business on Apr� 16, 1985. . 3. A food establishment .shall be deemed ont of business whea the premises is occupied by another business which does not sell food, or the premises has been vacant for more than six months, under remodeling with a permit or both. (Ord. 1302 � 2; ril 15, 1985, as smeuded by .Ord. 1321 §.1; May 5, 986; _and Ord. 1460 § 2 iPart); May 18, 1992.) ?5.36. �Prohibited �rses. � II not listed as pemiitted or conditional shall be prolu'b ' including: 1. U of any indust�ial nature, including, but not limited junkYards and automobile �ng , .� establisfimerits; . _ 2- Massage, `' g or similar establishmeats; 3. Adult� � businesses. (1941.Cade § 1930 : , , __ (G�, added by 539; Jaauary 4, 1954, and amended by:Ord. 1 § 6;.December 16, 1974,_ Ord. 1078 � 12;'_Jnly , 1976, Ord. 1403_§ 17; February 5, 1990, and 1426 § 7;"November 5, 1990). . .. 25.36.050 Ambiguity of - _ If any use is for any n omitted from those specified, as permi.s�'ble in this ne, or if ambiguity arises oonceming,die appro ` classificati� of a particalar use within the meaning and intent of this title, it shall be the duty of the pl comIIrission : to ascertain. all perfinent facts concerning such use and determine into which classification �ch use shall lie classified. The commission shall make its recom- � JuLY 1992 362 - 37 , ;.�. �, �s'` f ' ? e`["•�&',Si�—_�"``� ITEM # 5 CITY OF B URLINGAME CONDOMINIUM PERMIT Negative Declaration, General Plan Amendment, Rezoning, Condominium Permit and Tentative Map, for a 4 unit residential condominium. Address: 1128 Chula Vista Avenue Meeting Date: 5/23/94 Request: Negative Declaration (ND 471-P), General Plan Amendment to land use (C.S. 25.04.080), Rezoning from C-1 to R-3 (C.S. 25.04.080 and 25.16.020), Condominium Permit (C.S 26.30) and Tentative Map (C.S. 26.08.020) for a four unit residential condominium project at 1128 Chula Vista Avenue, zoned C-1. Applicant: Paul Gumbinger, Gumbinger and Associates Property Owner: Borel/Poplar Developments APN: 026-191-190 Lot Dimensions and Area: 50' X 115' = 5750 SF General P1an:Commercial, Shopping and Service Zoning: C-1 Adjacent Development: Commercial uses to the left of the subject property and residential uses to the right of the property. CEQA Status: See Initial Study and Negative Declaration Backqround: In December of 1993 a mixed use development project, consisting of 5 condominium units with retail commercial use on the first floor and a portion of the second floor, was denied without prejudice by the Planning Commission. The project included variances for lot coverage and parking maneuvers and two exceptions to the condominium criteria in the form of inadequate front yard landscaping and substandard common open space square footage. The denial without prejudice was upheld by the City Council and the applicant was instructed that a redesign may be resubmitted to the Planning Commission within three months. The applicant resubmitted the present project on March 23, 1994 which was three months after the Council action. Current Project: The new proposal includes the following elements and requests: Negative Declaration, General Plan Amendment, Rezoning the property from its existing C-1, first commercial district (retail commercial) designation to an R-3, third residential district (multiple family dwellings) designation, Condominium Permit and Tentative Map. No variances or special permits are being requested with this submittal. The negative declaration, condominium permit and tentative map is for a three story, 4 unit residential condominium project with 8 parking spaces at grade. The condominiums range in size from 1,193 �`'� SF to 1 301 SF and consist of , parking on the ground floor; kitchen, living/dining area, deck and half bath on the second floor; and two bedrooms and two baths on the third floor. 1 [� � CONDO.,GEN.PLAN AMENDMENT,REZONS The condominium project meets all of the condominium criteria by providing 76 SF of private open space per unit where 75 SF is the maximum required and 750 SF of common open space where 400 SF is the maximum required. Sixty-two percent of the front yard is landscaped where 60% is required. One hundred percent of this area is in soft landscaping where 50% is required. The building is 32'- 0" tall from average top of curb where 35'-0" is the maximum allowable. A total of 8 parking spaces are provided, two as visitor/guest spaces, and 8 are required. Exhibit 1(attached) shows the property at 1128 Chula Vista Ave, as the last commercially zdned parcel along Chula Vista Avenue. The applicant would like to rezone 1128 to R-3, the same as the adjacent developed.property, 1124 Chula Vista. The lot at 1124 Chula Vista Avenue is developed with a 4 unit apartment building. The rest of the block of Chula Vista, to the south, is also developed in multiple family uses. 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 density land use designation must be extended one lot to the north on the east side of the street (see Exhibit 2). The land use element does not need to be amended because the proposed change is a single lot in a transitional location. Excerpts from the general plan land use goals and objectives, as well as, the commercial and multiple family residential portions of the element support this conclusion. The medium high density portion of the residential land use element calls for two to three story apartment buildings. This project is compatible with those guidelines and helps to maintain the buffer zone between the commercial uses and the lower density residential areas. 1128 CHDLA VISTA AVE. The change in use is consistent with the commercial land use element. The rezoning of a single lot will not change the intent of the commercial land use element in the Broadway Avenue area and will not interfere with existing circulation patterns or access to consumer goods and services. The proposed residential condominium will not increase parking impact along Broadway because it provides its own parking on site to required code dimensions. Front Stbk Side Stbk Left PROPOSED (lst): 15'-0" (2nd): 15'-0" (3rd)r 15'-0" (lst): 5'-5" (2nd): 6'-0" (3rd): 7'-1" 2 ALLOWEDJREO'D 15'-0" 15'-0" 15'-0" 5'-0" 6' -01° 7'-0" . CONDO.�GEX.PLAN AMENDMENT,REZONS Side Stbk (ist): 5'-5" Right (2nd): 6'-0" (3rd): 7'-1" Rear Stbk (ist): (2nd) : (3rd): Lot Coverage . Height . Parking . Front Yard Land : % soft . Open space,Priv.: Open Space,Comm : 15'-0" 15'-0" 20'-0" 41% 32'-0" 8 spaces 470 SF 100% 76 SF 750 SF Meets all zoning code requirements. 1128 CEULA VISTA AVS. 5'-0" 6'-0" 7'-0" 15'-0" 15' -0t1 20'-0" 50% 35'-0" 8 spaces 450 SF 50% 75 SF 400 SF Staff comments: The Chief Building Official had no comments. The Fire Marshall comments in his March 28, 1994 memo that the building must be equipped with an automatic fire sprinkler system and the sprinklers must be monitored by an approved central monitoring station. The Park Director comments in his April 14, 1994 memo that the project will be required to meet all provisions of the reforestation ordinance at the building permit stage. NOTE: Previously the Planning Commission had asked for an arborist report on the Walnut Tree, located in the city planter strip, for the previously proposed mixed use project. The Park Director notes, in his April 14, 1994, comments that arborist reports are helpful for private trees that are impacted by development. However, trees in the City right-of-way are handled by the Park Department and, therefore, will be addresses at the time the construction documents are submitted. The Park Director also stated that the Walnut tree is not a particularly valuable specimen. The Associate Civil Engineer has several comments in his April 19, 1994 memo (attached) which will need to be addressed prior to the issuance of a building permit. 3 � � �- .. MEMO TO: FROM: DATE: RE: ITEM -# � 1 PLANNING COMMISSION ENGINEERING DEPARTMENT MAY 18, 1994 TENTATIVE CONDOMINIUM MAP - LOT 20, BLOCK 1, MAP OF 1128 CHULA VISTA AVENUE - EASTON ADDITION NO. 1, PM 94-2 I have reviewed the Tentative Map together with the Condominium Permit Plans. This application is complete and may be forwarded to Council for approval. : �,�,� �,� _..__ � Frank C. Erbacher, P.E. cc: Owner, Architect �