HomeMy WebLinkAboutOrd 1806S
1 ORDINANCE NO. 1806
2 ORDINANCE OF THE CITY OF BURLINGAME ESTABLISHING THE
COMMUNITY DEVELOPMENT DEPARTMENT AND MAKING CONFORMING
3 CHANGES TO THE MUNICIPAL CODE
4
5 The City Council of the City of Burlingame ordains as follows:
6 Section 1. This ordinance reorganizes the functions of planning and building in the City
7 by placing the two functions, which will now be divisions, in a community development
8 department for oversight and administration.
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10 Section 2. Chapter 3.21 is amended to read as follows:
11 Chapter 3.21
12 DIRECTOR OF COMMUNITY DEVELOPMENT
13 3.21.010 Department established.
14 The community development department is created and established.
15 3.21.020 Office established.
16 The office of director of community development is created and established.
17 3.21.030 Appointment and removal.
18 The director of community development shall be appointed, and may be removed, by the
19 city manager.
20 3.21.040 Powers and duties.
21 The director of community development shall be head of the community development
22 department, consisting of planning and building divisions, and shall be responsible for all phases
23 of planning and zoning. The director of community development shall administer title 25
24 (Zoning) of this code and shall:
25 (a) Enforce the provisions of title 25 (Zoning) of this code;
26 (b) Establish, with the approval of the city council and the city manager, and administer,
27 rules for the conduct of the planning division;
28 (c) Maintain records of documents and proceedings under title 25;
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(d) Perform necessary research and planning studies and prepare reports for the planning
commission and the city council;
(e) Provide and maintain a continuing program of education and public information on
planning and zoning matters;
(f) Conduct such inspections of buildings, structures and use of land as are necessary to
determine compliance with the terms of title 25;
(g) Receive, review and transmit to the planning commission all applications for
variances, conditional use permits, special permits, amendments, environmental determinations
and other matters on which the commission is authorized to act under the provisions of this code;
(h) Review all applications for building permits and business licenses to determine
whether a proposed building or structure, or use, or business is in compliance with title 25.
(i) Initiate review of the provisions of title 25 and report to the planning commission
proposed amendments, supplements, changes or repeal of the whole or any portion of title 25;
(j) Guide and coordinate the physical development and redevelopment of the city
consistent with approved policies and the adopted general plan; seek to conserve the values of
property throughout the city and to protect the character and stability of residential, commercial
and manufacturing areas, and to promote the orderly and beneficial development of such areas
and to improve the quality of life for all people in the city;
(k) Maintain the general plan as an active policy guide by the preparation of additional
elements and periodically review and report on possible changes or amendments to the general
plan;
(1) Assist in preparing a capital improvement program to implement city council policies
and the general plan; and
(m) Perform other professional services necessary to carry out the provisions of the State
Planning and Zoning Law as the same maybe amended from time to time.
(n) Have overall management responsibility for the conduct and operations of the
building division.
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Section 2A. Subsection 3.20.010(b) is amended to read as follows:
(b) The director shall also be the supervisor and director of all divisions of public works
in the city, specified as follows:
(1) The director shall have supervision and direction of all work relating to grading,
paving, cleaning, lighting and repairing of streets and sidewalks; the building and repairing of
streets and sidewalks; the building and repairing of sewer and storm drains; the disposal of
sewage, garbage and rubbish. The director shall also act as the superintendent of streets of the
city.
(2) The director shall have supervision and control of all work in connection with and
relating to the water division of the city.
(3) The director shall be the custodian of all city maps, plans, profiles, field notes and
other city records appertaining to the director's office with the indices thereof, and shall turn
them over to the director's successor who shall give a duplicate receipt therefor, one of which
shall be filed with the city clerk.
Section 3. Subsection 6.16.150(b) is amended to read as follows:
(b) The premises within which the entert
ainment business is located shall provide
sufficient sound -absorbing insulation so that noise generated inside the premises shall not be
audible anywhere on any adjacent propert
y or public right -of --way or within any other building or
other separate unit within the same building and comply with all applicable city noise
regulations. The establishment shall measure the current twenty-four (24) hour ambient noise
levels (Llo) at the exterior of the propert
y along the public right -of --way using a methodology
approved by the director of community development before opening for business. Upon request
by the city, the establishment shall conduct noise measurements to determine whether the noise
from the establishment is exceeding the five (5) dBA standard for increases in noise from the
baseline as provided in the Burlingame General Plan, and shall report
the measurements to the
city, and the establishment shall ensure that the five (5) dBA standard is not exceeded.
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1 Section 4. Section 6.16.200 is amended to read as follows:
2 6.16.200 Inspections.
3 An applicant or permittee shall permit representatives of the police department, health
4 department, fire department, community development department, or other city departments to
5 inspect the premises of an entertainment business for the purpose of insuring compliance with the
6 law and the development and performance standards applicable to entertainment businesses, at
7 any time it is occupied or opened for business. A person who operates an entertainment business
8 or his or her agent or employee is in violation of the provisions of this section if he or she refuses
9 to permit such lawful inspection of the premises at any time it is occupied or open for business.
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11 Section 5. Subsections 6.40.060(b) and (c) are amended as follows.
12 (b) Upon receipt of a complete operator's application, the license collector shall refer the
13 application to the director of community development, building official, the fire department and
14 the police department, each of which within a period of thirty (30) days from the date of filing the
15 application shall inspect the premises proposed to be used as a massage establishment, interview
16 the applicant or any other person and make any other investigation necessary to make a written
17 recommendation to the police department; provided that the thirty (30) days may be extended for
18 such period as may be necessary to obtain fingerprint records from the appropriate state agency.
19 (c) Applications for massage practitioner permits shall be referred only to the police and
20 community development departments. The community development department shall provide its
21 findings to the police department within thirty (30) days of the filing of a complete application.
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23 Section 6. Section 6.41.040 is amended to read as follows.
24 6.41.040 Permit fee and investigation.
25 All applications for initial permits shall be accompanied by an investigation fee in the
26 sum of one hundred fifty dollars ($150.00) , no part of which shall be refundable. Additional fees
27 may be charged to cover costs of processing the applicant's fingerprints by the State of
28 California. Upon receipt of an operator's application, the license collector shall refer the
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application to the director of community development, building official, the fire department, the
police department and health officer, each of which within a period of thirty (30) days from the
date of filing the application shall inspect the premises proposed to be used as a model studio and
shall make a written recommendation to the police department provided that said thirty (30) days
maybe extended for such period as maybe necessary to obtain fingerprint records from the
appropriate state agency. Escort applications shall only be referred to the police department.
Section 7. Section 6.42.060 is amended to read as follows:
6.42.060 Permit fee and investigation.
All applications for initial permits shall be accompanied by an investigation fee in the
sum of one hundred fifty dollars ($150.00), no part of which is refundable. Additional fees may
be charged to cover costs of processing the applicant's fingerprints by the State of California.
Upon receipt of an operator's application, the license collector shall refer the application to the
director of community development, building official, the fire department and the police
department, each of which within a period of thirty (30) days from the date of filing the
application shall inspect the premises proposed to be used as a tanning facility, interview the
applicant or any other person and make any other investigation necessary to make a written
recommendation to the police department, provided that said thirty (30) days may be extended
for such period as may be necessary to obtain fingerprint records fr
om the appropriate state
agency. Employee applications shall be referred only to the police department.
Section 8. Section 10.58.090 is amended to read as follows:
10.5 8.090 Inspection.
An applicant or permittee shall permit representatives of the police department, health
department, fire department, community development department, or other city depart
ments or
state or county agencies to inspect the premises of an adult-oriented business for the purpose of
insuring compliance with the law and the development and performance standards applicable to
adult-oriented business, at any time it is occupied or opened for business. A person who operates
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an adult-oriented business or the business's agent or employee is in violation of the provisions of
this section if permission for such lawful inspection of the premises is refused at any time it is
occupied or open for business.
Section 9. Section 18.18.040 is amended to read as follows:
18.18.040 Antenna exception.
(a) Any person may apply for an exception from the antenna ordinance by applying for
an antenna exception in accordance with the provisions of this section.
(b) Application for an antenna exception shall be made upon forms provided by the
director of community development and shall include the following information:
(1) Name, address and telephone number of the applicant;
(2) Address and zoning district of the property on which the antenna is to be attached or
erected;
(3) Description of the proposed antenna, including location, height and width or
diameter, and general description of the proposed installation.
(4) Description of any existing antenna, including location, height and width or
diameter.
(5) Site plan which shall include the dimensions of the property, setbacks, and location
of the proposed antenna and all structures, including any existing antennas.
(c) When the application requests an exception for a satellite antenna, the applicant shall
provide the following additional information, in addition to the information required pursuant to
subsection (b) of this section:
(1) The applicable circumstances and conditions existing on the property which
materially limit transmission or reception if the antenna is placed according to the standards in
section 18.18.025(b).
(2) Locations on the property where the antenna can be located so that satellite signals
can reasonably be received, including both placement and height. The director of community
development, planning commission or city council shall have discretion to require the applicant
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to submit a site study, prepared at the applicant's cost, identifying the locations where an antenna
can be installed without materially limiting transmission.
(3) The cost of purchase and cost of proposed installation of the proposed antenna.
(4) The cost of trimming trees or removing other obstacles to reception MV that
meet the standards set forth in Section 18.18.025(b).
(5) Ways in which vegetation could be planted or trimmed to both provide screening and
maintain a line of sight to satellites.
(d) When the applicant requests an exception for a ham or CB antenna, the applicant
shall provide the following additional information, in addition to the information required
pursuant to subsection (b) of this section:
(1) The location and design of an antenna that will reasonably accommodate the
amateur's right to engage in ham radio transmissions while having the least visual intrusion on
the surrounding properties.
(2) The nature and extent of amateur communications in which the applicant engages,
including time, duration, places contacted and so forth.
(3) The director of community development, planning commission, or city council shall
have discretion to require the applicant to submit a site reception study, prepared at the
applicant's cost, to identify the locations and design of the antenna that will have the least visual
impact on surrounding propert
ies, maximize public safety, and reasonably accommodate the
applicant's right to engage in amateur communications.
(e) When the applicant requests an exception for an antenna, other than a satellite, ham
or CB antenna, the applicant shall provide, in addition to the information required pursuant to
subsection (b) of this section, any other information relating to antenna configuration, network
design and site selection which affects the aesthetic impact of the antenna:
(f) The director of community development shall charge a fee for an antenna exception
which shall be established by resolution of the city council.
Section 10. Subsection 25.16.140(b)(2) is amended to read as follows:
1 (2) That the proposed action will be taken by the director of community development
2 unless a hearing before the planning commission is requested within fifteen (15) days after the
3 date of said notice. If no response is received, the director of community development shall
4 forthwith revoke, suspend or modify the variance or permit as set forth in said notice.
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6 Section 11. Section 25.16.145 is amended to read as follows.
7 25.16.145 Ambiguity of use.
8 If any ambiguity arises concerning the appropriate classification of a particular use within
9 the meaning and intent of this title, any person may apply to the director of community
10 development for a determination of the ambiguity, and the director's determination shall be
11 subject to appeal pursuant to this chapter.
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13 Section 12. Section 25.16.150 is amended to read as follows.
14 25.16.150 Request for determination of city planner's decision.
15 Any applicant or citizen may request that a determination made by the director of
16 community development regarding interpretation of the zoning ordinance and/or code
17 enforcement be appealed to the planning commission within ten (10) working days of the
18 director's decision. Such determination shall not require a public notice, but shall have a public
19 hearing. The planning commission's decision on any determination shall be the final action on
20 the determination. The decision of the planning commission may be appealed by any interested
21 person to the city council within the same time and in the same manner as provided in sections
22 25.16.070 through 25.16.090.
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24 Section 13. Section 25.20.040 is amended to read as follows:
25 25.20.040 Permit for temporary tract sales office or other temporary buildings.
26 The director of community development may issue a permit for the construction or
27 maintenance of a temporary tract office for the sale of real estate or for temporary buildings, tents
28 or structures other than construction storage facilities as described in Section 25.20.030 above.
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1 Application for such permit shall be made in writing, shall state the date of installation and
2 removal, shall include a site plan showing the location, size, construction material and covering
3 of the temporary structure, parking layout and parking displacement, if any, and floor plan layout
4 noting exiting. All proposed structures must be approved by the building division and fire
5 department. The permit may be granted or denied by the director of community development
6 without notice or after such notice as he or she may determine. No permit shall be issued by the
7 director of community development for more than maximum of thirty (30) days. The director of
8 community development may grant one extension of thirty (30) days. The director of community
9 development's decision may be appealed to the planning commission. A fee determined by the
10 city council shall be charged for the filing of an application for such permit. A permit for the
11 construction or maintenance of such temporary building or structure shall state the date on or
12 before which such building or structure shall be removed together with such other conditions as
13 the director of community development shall fix and determine.
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15 Section 14. Subsection 25.36.042(f) is amended to read as follows.
16 (f) Review of Number of Food Establishment. When the total number of food
17 establishments in the Burlingame Avenue Commercial Area drops below forty (40) for a period
18 of more than twelve (12) consecutive months, the director of community development shall
19 report this to the planning commission and city council.
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21 Section 15. Subsection 25.44.100(a)(4) is amended to read as follows:
22 (4) A landscaping plan and specifications, including irrigation, shall be submitted for
23 approval by the city arborist when construction plans are submitted to the building division for a
24 building permit.
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26 Section 16. Subsection 25.45.080(a)(2) is amended to read as follows.
27 (2) In addition, employee parking shall be provided on-site or within reasonable
28 proximity, in the judgment of the director of community development, at the rate of one car space
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for each one thousand (1,000) square feet of gross floor area.
Section 17. Subsection 25.47.080(a)(1)(B) is amended to read as follows:
(B) In addition, employee parking shall be provided on-site or within reasonable
proximity, in the judgment of the director of community development, at the rate of one car space
for each one thousand (1,000) square feet of gross floor area;
Section 18. Subsection 25.48.080(a)(1)(B) is amended to read as follows:
(B) In addition, employee parking shall be provided on-site or within reasonable
proximity, in the judgment of the director of community development, at the rate of one car space
for each one thousand (1,000) square feet of gross floor area;
Section 19. Section 25.50.025 is amended to read as follows:
25.50.025 Expansion of nonconforming usesR-1 zone.
(a) This section shall only be applicable to R-1 zoned parcels which contain two (2)
detached nonconforming residential units. Only the primary residence, as determined by the
director of community development, may be increased in footprint or in any exterior dimension if
the secondary detached unit is to be retained as a residential unit. A conditional use permit
pursuant to Chapter 25.16 shall be required for any such increase to a primary unit. Only
maintenance and repairs as defi
ned by the Uniform Building Code may be made to any secondary
dwelling unit. The floor area or footprint of such a secondary unit shall not be expanded.
(b) Factors for determining the primary residence shall include, but not be limited to,
relative age, size and conformity with zoning requirements of the two (2) residences. The
propert
y owner may request that the planning commission review any such determination by the
director of community development.
Section 20. Section 25.55.020 is amended to read as follows:
25.55.020 Granting a minor modification.
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1 Upon application of the property owner the director of community development may grant no
2 more than two (2) minor modifications and shall make the findings required by section 25.54.020
3 for variances; a public hearing shall not be required. An application which includes more than
4 two (2) minor modifications or which also includes a variance, conditional use permit, or special
5 permit shall be processed pursuant to chapter 25.16.
6
7 Section 21. Section 25.55.030 is amended to read as follows.
8 25.55.030 Public notice for minor modification.
9 Notice of approval of minor modifications shall be mailed by the director of community
10 development to owners of property within one hundred (100) feet of the exterior boundaries of
11 the subject property. The property owners shall be informed of their right of appeal.
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13 Section 22. Section 25.55.040 is amended to read as follows.
14 25.55.040 Appeals of minor modification determinations.
15 Appeals from the decision of the director of community development shall be made to the
16 planning commission within seven (7) days after the public notice of the action of the director of
17 community development is mailed. Any member of the planning commission or council may
18 request a review of a minor modification by making such request to the director of community
19 development within seven (7) days of the date of mailing of the public notice. Upon receipt of an
20 appeal, or a request for review by a commissioner or council member, the director of community
21 development shall forward the records on the matter to the planning commission at the earliest
22 available date and cause notice of such hearing to be given as set forth in chapter 25.16. The
23 planning commission shall consider the matter in the same manner as an application for a
24 variance. The decision of the director of community development shall be final seven (7) days
25 after the mailing of the public notice of the director of community development's action, if no
26 appeal is filed by any person or if no council member or commissioner requests review of the
27 decision within that time.
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Section 23. Section 25.57.020 is amended to read as follows:
25.57.020 Design review panel.
(a) With the approval of the planning commission, the director of community
development shall appoint one or more design professionals to advise the director of community
development and the planning commission on applications in R-1 districts made under this
chapter. The panel appointees shall be persons in the business of residential design who have
practiced their design profession involving residential designs in the city and who are willing to
contract with the city to provide advisory services under this chapter.
(b) For applications in the C-1 and C-2 districts, with the approval of the planning
commission, the director of community development shall appoint one or more design
professionals who shall be persons in the business of commercial design and who are willing to
contract with the city to provide advisory services under this chapter.
Section 24. Subsection 25.57.030(a) is amended to read as follows:
(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.
ection 25. Subsection 25.57.030(c) is amended to read as follows:
(c) If the commission instead refers the application for furt
her 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.
Section 26. Section 25.59.040 is amended to read as follows:
25.59.040 Procedure.
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(a) Any person owning a secondary dwelling unit that was built as a dwelling unit not
later than December 31, 1953, and that has been in substantially the same use and envelope since
thM time may apply to the city, for a special permit to legalize the existence, use, and occupancy
of the secondary dwelling unit pursuant to this chapter.
(b) Applications for such a special permit shall be in writing and filed with the director
of community development on a form approved by the director of community development. In
addition to the requirements for such an application, the application shall contain a declaration
under penalty of perjury detailing the history of the secondary dwelling unit demonstrating that it
was built before January 1, 1954, and that since that time, it has been used as a dwelling unit in
the same size and configuration as shown in the application.
(c) As established by council resolution, a fee will be charged for an application for a
special permit under this chapter.
(d) Upon application for a special permit pursuant to this chapter, the director of
community development will review the application and determine if all of the information
required has been provided. If the application meets all of the requirements of this chapter, the
director of community development shall approve the application with those conditions
necessary to ensure conformance with this chapter. If the application does not meet all of the
requirements of this chapter, the director of community development shall deny the application.
(e) Notice of approval of a special permit pursuant to this chapter shall be mailed by the
director of community development to owners of propert
y within one hundred (100) feet of the
exterior boundaries of the subject propert
y, with information regarding the right to appeal the
decision of the director of community development.
Section 27. Section 25.59.040 is amended to read as follows:
25.59.050 Appeals.
(a) Appeals from the decision of the director of community development shall be made
in writing to the planning commission within seven (7) days after the public notice of the
decision of the director of community development is mailed. Any member of the planning
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commission or the city council may request a review of a decision of the director of community
development by making such a request to the director of community development within seven
(7) days of the date of the mailing of the notice.
(b) Upon receipt of an appeal or a request for review, the planning commission will set
the application for hearing, and notice of the public hearing will be given as set forth in Chapter
25.16.
(c) The planning commission shall determine if the application meets the requirements
of this chapter. If the application meets all of the requirements of this chapter, the planning
commission shall approve the application with those conditions necessary to ensure conformance
with this chapter. If the application does not meet all of the requirements of this chapter, the
planning commission shall deny the application.
(d) The decision of the director of community development shall be final seven (7) days
after the mailing of public notice of the director of community development's decision if no
appeal in writing has been filed by any person or if no request for review has been made by any
planning commission or city councilmember.
(e) A decision of the planning commission under this chapter is appealable pursuant to
the procedures contained in chapter 25.16.
Section 28. Section 25.61.040 is amended to read as follows:
25.61.040 Procedure when variance, conditional use permit, or special permit not required.
If such construction does not require a variance, conditional use permit, or special permit
the following procedures shall apply. Upon receipt of a completed application for a hillside area
construction permit, the director of community development shall give mailed notice of the
application to all owners of property within one hundred (100) feet of the exterior boundaries of
the subject property. They shall be informed of their right to request review under section
25.61.050. Notice of the application shall also be mailed to the planning commission and city
council.
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1 Section 29. Section 25.61.050 is amended to read as follows:
2 25.61.050 Review of application.
3 Any noticed property owner may request review of the application by written request to
4 the director of community development within seven (7) days after the mailing of the notice of
5 application. Review of the application may be requested by any member of the planning
6 commission or council by making such request before the close of the meeting of the legislative
7 body at which the notice is received. Upon receipt of a request for review the director of
8 community development shall thereafter process the application in the same manner as an
9 application for a conditional use permit. Unless review of the application is requested, the
10 hillside area construction permit shall be deemed approved upon the adjournment of the later of
11 the planning commission or city council meeting following notice of the application.
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13 Section 30. Subsection 25.63.040(b) is amended to read as follows.
14 (b) Design. The design and construction of the affordable dwelling units shall be
15 consistent with general plan standards; compatible with the design, unit layout, and construction
16 of the total project development in terms of appearance, construction materials, unit layout, and
17 finished quality and conform to general plan standards; and consistent with affordable residential
18 development standards that may be prepared by the planning division as adopted by the city
19 council.
20
21 Section 31. Section 25.68.020 is amended to read as follows:
22 25.68.020 Excluded occupations.
23 Except as provided in Section 25.68.025 below, the following occupations and those
24 considered to be of similar character by the director of community development shall be
25 specifically prohibited as home occupations: contractor's office where employees report or
26 assemble as a part of the job for other than administrative or bookkeeping purposes; barbershop;
27 beauty salon; massage studio; automobile repairing or painting; landscape contractor; clinic;
28 hospital; kennel or other boarding of pets; legal, medical, or dental offices.
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Section 32. Section 25.68.025 is amended to read as follows:
25.68.025 Limited occupations.
The following occupations and those considered to be of similar character by the director
of community development may be carried on as home occupation subject to the requirements of
section 25.68.010 and the additional limitations set forth hereinafter: accountants, attorneys,
investment advisors or brokers, psychic services, insurance and real estate agents. The additional
limitations are:
(a) The applicant shall be the sole person engaged in the business;
(b) There shall be no other employees on-site or off-site; and
(c) No clients shall come to the site.
Section 33. Section 25.68.030 is amended to read as follows:
25.68.030 Home occupation permits.
No person shall commence or carry on any home occupation, as set forth above, within
the city without first having procured a permit from the director of community development. The
director of community development shall issue a permit when the applicant shows that the home
occupation meets all requirements of section 25.68.010. Every home occupation shall fully
comply with all city, county and state codes, ordinances, rules and regulations.
Section 34. Section 25.68.040 is amended to read as follows:
25.68.040 Permit applications—Form and content.
Applications for home occupation permits shall be filed, in writing, with the director of
community development by the person who intends commencing or carrying on a home
occupation. The application shall be upon forms furnished by and in the same manner prescribed
by the director of community development. Where the applicant is not the owner of the lot on
which the home occupation is proposed to be conducted, the application shall be accompanied by
the written consent of the owner or his or her agent.
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Section 35. Section 25.68.060 is amended to read as follows:
25.68.060 Notices and appeals.
Within ten (10) working days after the filing of an application for a home occupation
permit, the director of community development shall either issue or deny the permit and shall
serve notice of such action upon the applicant by mang a copy of such notice to the applicant at
the address appearing on the application. Appeals from the decision of the director of community
development may be made to the planning commission within seven (7) days after the action of
the director of community development. Upon receipt of an appeal, the director of community
development shall forward the same, together with the records on the matter, to the planning
commission. The commission shall set the matter for hearing before the planning commission at
the earliest available date.
Section 36. Section 25.68.070 is amended to read as follows:
25.68.070 Suspension, revocation and appeals.
(a) Any home occupation permit issued pursuant to the provisions of this chapter maybe
suspended or revoked by the director of community development when it appears that the home
occupation authorized by the permit has been or is being conducted:
(1) In violation of any conditions of approval or of any city, county and/or state code,
ordinance, rule or regulation, including the provisions of this section;
(2) In a disorderly manner;
(3) To the detriment of the general public;
(4) When home occupation being carried on is different from that for which the permit
was issued; or
(5) The home occupation has not been carried on for more than ninety (90) days.
(b) Any home occupation permit which has been issued shall be revoked or suspended
by written notice from the director of community development to the holder of the permit. The
notice shall contain a brief statement of the grounds for revoking or suspending the permit; such
notice shall be sent to the person to be notified at the address appearing on the permit. Appeals to
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the planning commission shall be processed asset forth in section 25.16.060.
Section 37. Section 25.70.042 is amended to read as follows:
25.70.042 Requirements of other uses.
For uses not listed in the above schedule of required parking, spaces shall be supplied on
the same basis as provided for the most similar use, or as determined by the director of
community development. For such determination such matters as type of use and user, number of
employees, number of visitors and similar factors shall be considered, in any case, where the
decision of the director of community development is contested by the applicant, his or her
decision maybe appealed to the planning commission. The commission may approve, disapprove
or modify the decision of the director of community development.
Section 38. Subsection 26.32.050(b) is amended to read as follows:
(b) Specific information concerning the demographic characteristics of the project,
including but not limited to the following:
(1) Square footage and number of rooms in each unit,
(2) Rental rate history for each type of unit for previous two (2) years,
(3) Monthly vacancy rate for each month during the preceding two (2) years,
(4) Composition of existing tenant households, including
household size, length of
residence, age of tenants, and whether receiving federal or state rent subsidies or number of
employees by tenant and rents charged for commercial, industrial, and office uses;
(5) Proposed sales price of units,
(6) Proposed homeowners association fee,
(7) Proposed financing, and
(8) Names and addresses of all tenants.
When the developer can conclusively demonstrate that some of this information is not available,
this requirement may be modified by the director of community development;
I Section 39. Subsection 26.32.050(e) is amended to read as follows:
2 (e) Any other information which, in the opinion of the director of community
3 development, will assist in determining whether the proposed project will be consistent with the
4 purposes of this code.
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6 Section 40. Section 26.32.060 is amended to read as follows:
7 26.32.060 Acceptance of reports.
8 The final form of the site plan, physical elements report and other submitted documents shall
9 be as approved by the city. The reports in their accepted form shall remain on file with the
10 community development department for review by any interested persons.
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12 Section 41. Subsection 26.32.080(b)(8) is amended to read as follows:
13 (8) Refurbishing and Restoration. All main buildings, structures, fences, patio
14 enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas and additional
15 elements as required by the community development department shall be refurbished and
16 restored as necessary to achieve a high degree of appearance, quality and safety.
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18 Section 42. Subsection 26.33.060(a) is amended to read as follows:
19 (a) Notice of Intent. A notice of intent to convert shall be delivered to each tenant. The
20 form of notice, shall be on a form prepared by the community development department and shall
21 inform tenants of all rights provided under this section. It shall be mailed or otherwise delivered
22 within five (5) days of filing the application.
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24 Section 43. This ordinance shall be published as required by State law.
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M yor
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28 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the
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foregoing ordinance was introduced at a regular meeting of the City Council held on the 16t" day
of April, 2007, and adopted thereafter at a regular meeting of the City Council held on the 7'" day
of May, 2007, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COHEN, KEIGHRAN, NAGEL, O'MAHONY
NOES: COUNCII.,MEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
S:\Ordinances\ord 1806.ord.doc
,�� �� City Clerk
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