HomeMy WebLinkAboutOrd 17511
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ORDINANCE NO. 1751
ORDINANCE OF THE CITY OF BURLINGAME ADOPTING GENERAL
IMPROVEMENT POLICY AND DEVELOPMENT FEES FOR PUBLIC
IMPROVEMENTS IN THE NORTH BURLINGAME/ROLLINS ROAD SPECIFIC
PLANNING AREA
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. Ixr September 2004, the City Council adopted the North Burlingame/Rollins
Road Specific Plan as an amendment to the City's General Plan. The Specific Plan identifies
a series of improvements that are necessary to improve the area so that the goals of the Specific
Plan, and in turn, the City's General Plan, can be accomplished as the area is developed.
The City Council of the City of Burlingame hereby finds and declares that itis necessary to
provide for future construction, improvement, and enhancement of public arterials and access,
and to impose charges to support and defer the costs of the benefits rendered to owners and
occupants of lands enjoying these improvements.
The City Council further finds and declares that such improvements are necessary to
safeguard and improve the life, health, property, and public welfare of the area served, and of
all persons occupying the properties of the Specific Plan Area. The specific improvements are
described in the Specific Plan adopted by the City Council in September 2004, setting the
proposed areas of benefit, the boundaries of which are specifically described in the Specific
Plan. The improvements for the Rollins Road area are different in type and intensity from those
proposed for the El Camino Real North area; therefore, it is appropriate and fair to separate
those areas for purposes of valuation and benefit. In addition, the fees are calculated upon the
basis that the City will contribute fifty percent of the cost o£ the proposed improvements, and
sixty percent with regard to development of square footage of duplexes and multiple family
dwellings as a means of encouraging residential development.
The Council further finds and declares that the contribution of the above�lescribed
improvements will enhance the economic value of the occupants, businesses, leaseholds and
landowners throughout the areaby providing for traffic and pedestrian safety on or near the real
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property in said area, thereby reducing the probability of bodily injury and property damage,
make said area more accessible to emergency services, such as fire and police, and enhance and
promote aesthetic and environmental quality on or near the occupants of the real and personal
property by making access to said properties quicker, more efficient, and more inviting.
It is the intention of the City Council that this ordinance be enacted pursuant to the
City's police power for the construction of effective, safe, and attractive transportation facties
as stated hereinabove.
Section 2. Confirmation of Areas and Costs.
The North Burlingame/Rollins Road Area is hereby divided into two areas of benefit:
(a) The Rollins Road Area of Benefit is hereby created, being within the boundaries of
the North Burlingame/Rollins Road Specific Plan Area located to the east of the railroad tracks
as shown in Figure 1-2 of the Specific Plan. It is determined that all property within this benefit
area will be benefitted by the construction of the public improvements set forth in the Rollins
Road Area of Benefit as described in the North Burlingame/Rollins Road Specific Plan. The
estimated construction costs of these improvements of $766,384, as prepared by the Public
Works Department and as set forth in the North Burlingame/Rollins Road Specific Plan, are
hereby confirmed.
(b) The El Camino Real Nort
h Area of Benefit is hereby created, being within the
boundaries of the North Burlingame/Rollins Road Specific Plan Area located to the west of the
railroad tracks as shown in Figure 1-2 of the Specific Plan. It is determined that all property
within this benefit area will be benefitted by the construction of the public improvements set
forth in the El Camino Real North Areaof Benefit as described in the North Burlingame/Rollins
Road Specific Plan. The estimated construction costs of these improvements of $1,473,793, as
prepared by the Public Works Department and as set forth in the North Burlingame/Rollins
Road Specific Plan, are hereby confirmed.
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Section 3. Required Participation.
(a) Alt persons constructing new buildings or adding more than one thousand (1,000)
square feet of gross floor area to existing buildings within these areas of benefit are required to
participate in the system of regulatory charges hereinafter set forth to insure that all of the
objectives set forth in Section 1 are achieved. Additions shall only require the payment for the
added square footage of structure. Changes of use of or within existing buildings to a use
requiring a higher charge shall require payment for the floor area devoted to the new use.
(b) In addition, all persons constructing new buildings or adding more than onethousand
(1,000) square feet of gross floor area to existing buildings within these areas of benefit shall
purchase and install the streetscape improvements along all street frontages under the
streetscape program established pursuant to the North Burlingame/Rollins Road Specific Plan.
Section 4. Fees.
Fees are hereby established for all property within the North Burlingame/Rollins Road
Areas of Benefit; one-half of said fees shall be deposited with submittal of the project
assessment for traffic allocation or planning application to the Planning Department and the
remaining one-half shall be paid prior to the approval of final framing of buildings or additions
subj ect to this ordinance. In the case of a change of use within abuilding, the fee shall be paid
one-half at the time of application for a conditional use permit and one-half before scheduling
the final inspection of tenant improvements for the change in use; if no tenant improvements
axe contemplated, the second one-half shall be paid within thirty 30) days of the approval fo the
conditional use permit. Any project which has submitted a project assessment or planning
application prior to the effective date of any amendment to this ordinance but has not received
a building permit, shall at the time of receiving the building permit, pay any difference between
the amount paid at the submittal of the project assessment or application and the amount of the
fee established by that amendment. These fees shall be in the following amounts:
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(a) Rollins Road Area of Benefit
(b) El Camino Real North Area of Benefit
(i) Mulriple family dwelling or duplex use ----
(ii) Any use other than multiple family dwelling
or duplex
$0.42 per square foot of building
$0.42 per square foot of building
$0.53 per square foot of building
Determination as to the appropriate classification of a use shall be determined by the City
Planner, subject to an appeal to the City Council filed no later than ten (10) days following
determination by the City Planner. An appeal must be in writing and filed with the City Clerk
within the required time period. Fees shall be annually reviewed beginning in 2006 and
adjusted to reflect the increase or decrease in the latest Engineering News Record Highway
Construction Cost Index, as of July 1 of each year. This fee adjustment shall not be applied to
a project for which the one-half deposit as provided above has been made. If a project does not
proceed to construction for reasons determined by the City Planner to be beyond the control of
the applicant, the portion of the development fee on deposit with the City may be returned to
the applicant. Planning and environmental fees will not be returned.
Section 5. Use of Funds.
All charges collected pursuant to this ordinance shall be placed in one of two special
funds, either the Rollins Road Benefit Area Fund or the El Camino Real Nort
h Benefit Area
Fund, as applicable under this ordinance. Payments from these funds shall be limited to costs
related to design, right of way acquisition, and roadway, pedestrian, landscaping, and circulation
improvements set forth in the North Burlingame/Rollins Road Specific Plan or for
reimbursement pursuant to the agreement of a property owner required to construct a portion
of said improvements, the construction costs of which exceed the charges which would
otherwise be required of said developer, and only for those improvements located in the
applicable area of benefit defined by this ordinance. Additionally, these funds may be used to
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reimburse the City for any City funds advanced for improvement or developer reimbursement
purposes in connection with the completion of the improvement work in the area of benefit if
the advanced City funds exceed more than 50 percent of actual costs of the improvements.
Section 6. This ordinance shall be published as required by law and shall take effect
sixty (60) days after its adoption.
/ afyor
I, DORIS MORTENSEN, 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 7"'
day of March, 2005, and adopted thereafter at a regular meeting of the City Council held on the
215` day of March, 2005, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN,NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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r City Clerk
,