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HomeMy WebLinkAboutOrd 18421 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 1842-20©9 ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 25.16.130 OF TITLE 25 OF THE BURLINGAME MUNICIPAL CODE TO INCREASE THE TIME LIMIT FOR EXERCISE OF VARIANCE, CONDITIONAL USE PERMIT, SPECIAL PERMIT, OR CONDOMINIUM PERMIT AND TO AMEND THE TIME LIMIT FOR EXTENSIONS, AND TO AMEND CHAPTER 25.57.030 TO CLARIFY THE APPEAL PERIOD FOR DESIGN REVIEW APPLICATIONS The CITY COUNCIL OF THE CITY OF BURLINGAME does hereby ordain as follows: Section 1. Section 25.16.130 is amended to read as follows: 25.16.130 Time limit for exercise of variance, conditional use permit, special permit, or condominium permit. (a) Where a use is conditional upon the granting of a variance or the issuance of a conditional use permit or special permit, such use shall be commenced within a period of three years from the date of the granting of the variance or the issuance of the conditional use permit or special permit, and in the event that such use shall not have been so commenced within such period, such variance or permit shall become null and void. The commission is authorized to grant one extension for a period not exceeding two years upon application. (b) In those instances where an initial approval referenced in 25.16.130 (a) remains valid as of (effective date of this ordinance), the initial approval shall be automatically extended for a period of two additional years from the initial expiration date. For those approvals granted a one-year extension that remains effective as of (effective date of this ordinance), the term of the extension shall be increased by one-year from the date of expiration. (c) However, where a variance, conditional use permit, special permit, or condominium permit has been granted or issued for conversion or development and construction of a condominium pursuant to Title 26, the variance or permit shall become null and void when the tentative map for the condominium expires because no final map has been filed pursuant to State law and this code, rather than the time limits specified in subsection (a) above. (d) Notwithstanding the amount of applicable development impact fees and/or permitting fees in place at the time of the initial approvals; such fees collected shall be in the amount adopted by resolution of the Burlingame City Council as of the date of Bung Permit issuance. (e) The term for this amendment extending time limits applicable to permits granted by the Planning Commission and/or City Council as referenced herein, shall "sunset" (expire) two (2) years following the effective date of the amendment; after which time, the initial term for permits granted following the "sunset" date shall be one (1) year, with the opportunity provided for one (1) year 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 extensions; as stated within Section 25.16.130 of Title 25 of the Burlingame Municipal Code prior to adoption of the amendments contained herein. Section 2. Section 25.57.030 is amended to read as follows: 25.57.030 Design Review Process. (a) Any person seeking approval of construction to be reviewed under this chapter shall submit an application for design review to the director of community development in the same form and containing the same signatures as provided in Section 25.16.040 of this title. The schematic design plans submitted with the application shall demonstrate the architectural details of the proposal, and in the case of an addition, of the existing structure and the addition. (b) Upon completion of the application, the schematic design plans and the application shall be referred to the planning commission for study. The study meeting shall be noticed in accordance with the provisions for notice in this title. If at the study meeting, the planning commission determines that formal design review is not required for the application or that only minor changes are needed, the planning commission may order that the application not be subject to subsection (c) below and will proceed directly to hearing under subsection (e). (c) If the commission instead refers the application for further design review, the plans submitted shall be referred by the director of community development on a random basis to the appointee professional described above for review and comment. The appointee's analysis shall be forwarded to the planning commission. (d) No prior mailed notice of the appointee's review is necessary. However, notice of the commission's review of and hearing on each application under this chapter shall be given a provided in Section 25.16.050. (e) A design review application in an R-1 district shall be reviewed by the planning commission for the following considerations: (1) Compatibility of the architectural style with that of the existing character of the neighborhood; (2) Respect for the parking and garage patterns in the neighborhood; (3) Architectural style and consistency and mass and bulk of structures, including accessory structures; (4) Interface of the proposed structure with the structures on adjacent properties; (5) Landscaping and its proportion to mass and bulk of structural components; and (6) In the case of an addition, compatibility with the architectural style and character of the existing structure as remodeled. -2 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (f) A design review application in a C-1 or C-2 district shall be reviewed by the planning commission for the following considerations: (1) Support of the pattern of diverse architectural styles that characterize the city's commercial areas; and (2) Respect and promotion of pedestrian activity by placement of buildings to maximize commercial use of the street frontage, off-street public spaces, and by locating parking so that it does not dominate street frontages; and (3) On visually prominent and gateway sites, whether the design fits the site and is compatible with the surrounding development; and (4) Compatibility of the architecture with the mass, bulk, scale, and existing materials of existing development and compatibility with transitions where changes in land use occur nearby; and (5) Architectural design consistency by using a single architectural style on the site that is consistent among primary elements of the structure, restores or retains existing or significant original architectural features, and is compatible in mass and bulk with other structures in the immediate area; anA (6) Provision of site features such as fencing, landscaping, and pedestrian circulation that enriches the existing opportunities of the commercial neighborhood. (g) The applicant shall bear the burden of demonstrating to the satisfaction of the planning commission that the applicant's design and project comply with the design criteria set forth in subsections (e) or (f) above, as applicable. The commission may deny, deny without prejudice, approve, or approve with conditions any application under this chapter. (h) Decisions of the planning commission under this chapter shall be subject to appeal to the city council and the effectiveness as provided in Sections 25.16.070 through 25.16.130. Section 3. This ordinance shall be published as required by law. I, MARY ELLEN KEARNEY, 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 2"d day�of November. 2009 and adopted thereafter at a regular meeting of the City Council held on the 16 day of November. 2009, by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, DEAL, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE KEIGHRAN, NAGEL, O'MAHO -3