HomeMy WebLinkAboutOrd 18101
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ORDINANCE NO. 1810
ORDINANCE OF THE CITY OF BURLINGAME AMENDING
CHAPTERS 26.30 AND 26.32 TO MAKE CHAPTERS CONSISTENT WITH
PROVISIONS OF EL CAMINO NORTH (ECN) AND TROUSDALE WEST (TW)
ZONING DISTRICTS AND OTHER CLARIFYING CHANGES
The City Council of the City of Burlingame does ordain as follows:
Section 1. The City has adopted two new zoning districts in the El Camino North (ECN)
� and Trousdale West (TW) areas of the City, which contain new regulations regarding frontages,
setback, mixed uses, parking requirements, and streetscapes. This ordinance is adopted in order
to ensure that the regulations governing condominium development in those districts is
consistent with the new regulations. This ordinance also makes clarifying changes to Chapters
126.30 and 26.32.
Section 2. Subsection 26.30.040(f) is amended to read as follows:
(f) "Open space" means that area of a lot which is:
(1) Open and unobstructed from the ground to the slcy; or
(2) Open and unobstructed from the ground to roof eaves or balconies above the ground
floor; or
(3) Area covered by swimming pools and swimming pool equipment enclosures, or
other recreation -oriented construction and equipment or decks, including such areas as
designated and equipped exercise facilities, meeting rooms, or other improved areas approved by
the planning commission.
Section 3. Section 26.30.060 is amended to read as follows:
26.30.060 Basic standards.
The following condominium standards shall apply to all land and structures proposed as a
part of a condominium project and shall be evaluated and processed pursuant to the procedural
requirements set with
for conditional use permits in Title 25 of this code. No condominium
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project or portion thereof shall be approved or conditionally approved in whole or in part unless
the planning commission, or city council upon appeal or review, has reviewed and found the
project conforms to the following on the basis of its effect on: sound community planning; the
economic, ecological, social and aesthetic qualities of the community; and on public health,
safety and general welfare:
(a) The overall impact on schools, parks, utilities, neighborhoods, streets, traffic,
parking and other community facilities and resources;
(b) Conformity with the general plan, including the housing element, and zoning
density and design regulations;
(c) A detailed development and site plan of the project including: the location, treatment
and sizes of structures; separation between living units and along property lines; parking layout,
access areas and exterior elevations; location and use of common areas and other designated
open space and security provisions; and location of loading zone and trash enclosure, including
recycling area, and mechanical equipment;
(d) A detailed landscaping plan indicating sun and shade patterns on the site, the types
and sizes of landscaping materials retained and to be installed, and their suitability to the sun and
shade conditions on the site;
(e) A detailed lighting plan indicating location and nature of lighting and lighting
fixtures on all structures and in the common areas;
(f) A copy of conditions, covenants and restrictions and any condominium agreements
for the project sett
ing forth the occupancy and management policies for the project;
(g) For each condominium unit, floor plans indicating the total floor area, the number,
type and size of rooms, the type of separation walls; provisions for achieving sound control and
privacy; provisions for insulating exterior walls and roof from heat and cold; and location of hot
water heaters, furnaces and storage areas within each unit and in the common areas; and
(h) Provisions for the dedication of land or easements for street widening, public access
or other public purposes, where necessary, and in accordance with established planned
improvements.
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Section 4. Section 26.30.070 is amended to read as follows:
26.30.070 Minimum requirements.
Except as otherwise provided by law, in approving or conditionally approving any
condominium project, the following shall be required:
(a) Parking.
(1) For multiple family residential condominiums, there shall be off-street parking as
required by Chapter 25.70 of this code and at least one parking space shall be in the ownership of
each residential unit. No on-site parking spaces shall be rented or leased to any on- or off-site
person. Compact parking spaces shall be allowed in residential condominium development in the
following ratio, but only if no unistall parking for required parking spaces is used:
Required Parking Spaces
Over 20
Allowable Compact Spaces
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(2) On-site guest parking spaces shall be provided for all residential condominium and
cooperative developments. Guest parking spaces shall be held in common ownership, shall not
be rented or assigned to residents or non-residents, and shall not be sold or transferred except
with the sale of all units as a single entity. Guest parking spaces may be designed to compact
standards as defined in Chapter 25.70. Guest parking spaces shall be provided in residential
condominium and cooperative development in the following ratio:
Number of Dwelling Units
2 to 4 units
5-15 units
15 or more
Required Guest Parking
Spaces
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(3) Except for residential condominium developments in the El Camino North (ECN
district with a lot front on El Camino Real and with no frontage on any other street, all residential
condominium developments shall provide an area for on-site deliveries.
(4) For commercial condominiums and commercial uses in mixed use residential
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condominiums, there shall be off street parking as required by this code, which may include
compact parking as allowed in Chapter 25.70. However, if any unistall parking is used for any
required parking, no compact parking is allowed
(5) Parking requirements compliant with the American Disabilities Act shall be
provided on site as required by the California Building Code as adopted by this code.
(b) Access, Vehicular Driveways, and Parking Areas.
(1) All private streets, driveways, and parking areas shall be improved and constructed
with a structural section in accordance with city standards. They shall be designed and
maintained to insure access for municipal services to any dwelling unit therein.
(2) Only temporary parking for service vehicles shall be allowed in the driveway
between the front property line and the face of the building. Calculation of private open space
and common open space at ground level shall not include any vehicular driveways or parking
(c) Setback Requirements. Front, side, and rear setbacks shall be as required by the
zoning district regulations applicable to the real property being developed.
(d) Conditions, Covenants and Restrictions Agreements. Conditions, covenants and
restrictions agreements shall contain, but not be limited to, adequate provisions for maintenance,
repair and upkeep of all stilictures, site landscaping and other on-site improvements; provisions
that in the event of destruction or abolishment, reconstruction shall be in accordance with codes
in effect at the time of such reconstruction: and provisions for dedication of land or establishment
of easements for street widening or other public purpose. Covenants, conditions and restrictions
shall describe: powers, duties, rights and obligations set fort
h in Civil Code Section 1355; the
proposed form of owners' association; and suggested by-laws, maintenance agreements, use
restrictions, and special funds to cover emergency repairs; and require and enforce that on-site
parking spaces be owned or assigned to condominium owners or held in common ownership by
the condominium association shall be used only by bicycles or currently registered and operable
motor vehicles as defined by the Vehicle Code.
(e) Landscaping and Open Space Standards.
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(1) Front setback landscaping for residential condominium or cooperative development.
Landscaping is required between the front property line and face of the building equal to and not
less than fifty (50) percent of the lot area within the required front setback. Emphasis should be
placed on minimizing turf and ground cover areas and on planting larger scale and more vertical
plant material which will frame and screen the view of the structure from the street. If a circular
drive is provided a special permit maybe requested to reduce the required front setback
landscaping to forty-five (45) percent of the lot area within the required front setback.
(2) Site landscaping shall be suitable for the specific sun/shade environment of the lot.
(3) Private open space for residential condominium or cooperative development. Private
open space shall be provided for each unit and shall be contiguous and directly accessible to each
unit, except in the ECN district where private open space shall not be required for dwelling units
on the ground floor. Private open space may be paved or landscaped and shall be screened or
fenced for the privacy of the residential unit when located within four (4) feet of established
grade. Decks and balconies when designated for outdoor use may be used to satisfy this
requirement. The following minimum standards for private open space shall apply:
(A) Seventy-five (75) square feet for each ground fl
oor unit with no dimension of the
designated area less than ten (10) feet;
(B) Seventy-five (75) square feet for each unit above the ground floor with no dimension
of a designated area less than three and one-half (34
/2) feet.
(4) Common open space for residential condominium and cooperative development. In
addition to private open space, open space accessible to or enjoyed by all project residents shall
be provided at not less than one hundred (100) square feet per dwelling unit, with no dimension
of any designated common open space area to be less than fifteen (15) feet. Such common areas
may be designed for passive or active use, and include landscaping or paving, provided such
paving does not exceed fifty (50) percent of the total required area. Common open space areas
may be provided within the required rear setback area, or when the rear setback is inadequate, the
open space maybe provided on appropriately designed, rooftop areas.
(5) Common open space for commercial and industrial condominium developments.
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Common open space may be provided above the first floor, but is not required.
(i) Project Plans and Submittals. Project plans shall indicate accessibility for owners,
guests, employees and customers to parking, storage, recreation and service areas; separation
between living units and along property lines; provisions for security; orientation with respect to
surrounding buildings and land uses; the location and type of utilities, bung services and
separate facilities for individual units and access easements to make repairs including:
(1) Separate gas and electric meters and separate water shutoff valves; individual
residential unit climate controls and any proposed climate zones (based on types of unit uses) for
non-residential condominium projects;
(2) Shock mounting of mechanical equipment to reduce sound transfer;
(3) Flexible connectors for electrical and plumbing connections;
(4) Sound levels shall satisfy adopted noise element criteria and all state standards;
(5) Other reports may be required by the city as a condition for approving a
condominium permit including an economic report, social impact of relocation procedures;
report of structural condition; report on building compliance with all building, fire and zolung
codes for proposed uses; certificate of occupancy; and sufficient additional information prepared
by licensed professionals to evaluate the soundness of the conversion proposed project.
Section 5. Anew Section 26.30.080 is added to read as follows:
26.30.080 Time limits.
A condominium permit granted or issued pursuant to this title shall become null and void
when the tentative map for the condominium project expires because no fi
nal map has been filed
in accordance with State law and this code, rather than the expiration time limit for planning
approvals specified in chapter 25.16.
Section 6. Section 26.32.040 is amended to read as follows:
26.32.040 Physical elements report
A report on the physical elements of all structures and facilities shall also be submitted
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with the application. The report shall include, but not be limited to, the following:
(a) A report detailing the structural condition of all elements including structures, paving
and fences of the property including, but not limited to, foundations, electrical, plumbing,
utilities, walls, ceilings, windows, recreational facilities, fire protection sprinklers, alarms,
mechanical equipment, roof, parking faces and appliances, including all appliances installed
in each unit. Such report shall be prepared by a registered civil or structural engineer.
Regarding each such element, the report shall state, to the best knowledge or estimate of
the professional preparing the report, when such element was built, the condition of each
element, when the element was replaced, the approximate date upon which the element will
require replacement, the remaining useful life of the element, the cost of replacing the element,
and any variation to the physical condition of the element from the current zoning and from the
California Building Code as adopted by this code and in effect on the date of the report. The
report shall identify any defective or unsafe elements and set forth the proposed corrective
measures to be employed, including malting all structures compliant with the California Building
anA
Fire Codes as adopted by this code and in effect at the time the report is submitted to the city;
(b) A report
containing acoustical test data which indicates the noise attenuation
characteristics of existing party walls and ceilings. The data for such report
shall include a
representative sampling of units involved in the project, but in no case fewer than two (2)
dwelling units, and shall be compiled by a qualified licensed acoustical engineer experienced in
the field of acoustical testing and engineering. The consultant shall be selected by the community
development department and shall perform the sampling in areas or units as approved or directed
by the community development department.
(c) A report
prepared by a licensed civil engineer evaluating the prospects for providing
separate utilities for the individual units;
(d) A study of off-street
panting, on-site maneuvering and panting stall access provided
on site prepared by a licensed civil engineer;
(e) A report from a licensed structural pest control operator, approved by the community
development department, on each structure and each unit within the structure.
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(f) A report prepared by a licensed soils engineer on any known soil and geological
conditions regarding soil deposits, rock formations, faults, groundwater and landslides in the
vicinity of the project, and a statement regarding any known evidence of soils problems relating
to the structures. Reference shall be made to any previous soils reports for the site and a copy
submitted with the report.
(g) A statement of repairs and improvements to be made by the subdivider necessary to
refurbish and restore the project to achieve a high degree of appearance and to achieve full
compliance with the current, applicable requirements of the California Building and Fire Codes
and requirements of the zoning code.
(h) Provisions for the dedication of land or easements for street widening, public access
or other public purpose, where necessary, and in accordance with established plamled
improvements.
Section 7. Section 26.32.070 is amended to read as follows:
26.32.070 Copy to buyers.
A summary of all reports required by this code, in a form approved by the community
development department, shall be provided to each person executing any purchase, rental or
other agreement to purchase or occupy a unit in the project. Copies of the full report
s shall be
made available at all times at the sales office and shall be posted at various locations, as may be
required by the city, at the project site.
Section 8. Subsection 26.32.080(b)(1) is amended to read as follows:
Section 26.32.080(b)(1)
(1) Fire Prevention —Smoke Detectors and Sprir�lclers. Each condominium unit
whether residential, commercial, industrial or office, shall be provided with a fire sprinkler
system and approved detectors of products of combustion other than heat conforming to the latest
California Building and Fire Code standards as adopted by this code.
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Section 9. Section 26.32.085 is amended to read as follows:
6,32,085 Minimum Minimum project requirements.
Except as otherwise provided by law, in approving or conditionally approving any
condominium project, the same minimum requirements shall be met for parking, access,
vehicular driveways, parking areas, setbacks, landscaping and open space, and project plans and
submittals as required by section 26.30.070 above.
Section 10. This ordinance shall be published in accordance with law.
Mayor
I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a meeting of the City Council held on the lst day of
October, 2007, and adopted thereafter at a regular meeting of the City Council held on the 15"
day of October, 2007, by the following vote:
� AYES: COUNCILMEMBERS: BAYLOCK, COHEN, KEIGHRAN, NAGEL, O'MAHONY
I NOES: COUNCILMEMBERS: NONE
I ABSENT: COUNCILMEMBERS: NONE