HomeMy WebLinkAboutOrd 17392
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. 1739
ORDINANCE OF THE CITY OF BURLINGAME AMENDING DEVELOPMENT FEES
FOR PUBLIC IMPROVEMENTS IN THE BAYFRONT SPECIFIC PLANNING AREA
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. In 1979, the City Council adopted Ordinance No. 1151 establishing
development fees for the Bayfront area of the City. Ordinance No. 1151 was subsequently
amended by Ordinance No. 1305 (1985) to better delineate the necessary fees. The City has
now adopted a new Bayfront Specific Plan to guide the development and improvement of the
Bayfront area. This ordinance is intended to update the fee schedule and to amend Ordinance
Nos. 1151 and 1305 to update references.
Section 2. The provisions of Ordinance No. 1151 as amended by Ordinance 1305 are
amended to read as follows:
Section 1. Statement of Intent.
The City Council of the City of Burlingamehereby finds and declares that it is necessary
to provide for future construction, improvement, and enlargement of major arterials and traffic
control devices for the primary purpose of carrying through traffic and providing a network of
roads within the Bayfront area on the east side of US 101 in the City of Burlingame, 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 fmds and declares that such improvements are necessary to
safeguard the life, health, property and public welfare of the area served, and of all persons
occupying the propertiesofthedescribedareas. The specificimprovementsaredescribedinthe
Bayfront Specific Plan adopted by the City Council in Apri12004, setting the proposed area of
benefit, the boundaries of which are specifically described as all of the area in the City east of
US 101, the Bayshore Freeway.
The Council further finds and declares that the contribution of the above—described
7/19/2004
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
improvements will kl) enhance the economic value ofthe occupants, businesses, leaseholds and
landowners throughout the area by providing for traffic safety on or near the real 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 and more efficient.
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 and safe transportation facilities as stated
hereinabove.
Section 2. Confirmation of Area and Costs.
The Bayfront Area of Benefit is hereby created having the boundaries as described
above. It is determined that all property within the benefit area will be benefitted by the
construction of the public improvements set forth in the Bayfront Specific Plan. The estimated
construction costs of these improvements of $8,295,000, as prepared by the Public Works
Department and as set forth in the Bayfront Specific Plan, are hereby confirmed.
Section 3. Required Participation.
All persons constructing new buildings
or adding more than one thousand (1,000) square
feet of gross floor area to existing buildings within said area of benefit are required to part
icipate
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 or use. Changes of use of existing buildings to a use requiring a higher
charge shall require the payment of the difference between the charges.
Section 4. Fees.
Fees arehereby established fox all property within the Bayfront Area ofBenefit; one-half
of said fees shall be deposited with submittal of the project assessment for traffic allocation or
7/19/2004
-2-
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 subject to this ordinance. 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 said fee established by such
amendment. Said fees shall be in the following amounts and shall be prorated for portions of
an acre:
Land Uses Fee
Office $1,852 per thousand square feet of building
Restaurant $7,458 per thousand square feet of building
Hotel $607/guest room
Hotel, Extended Stay $590/guest room
Office/Warehouse/Manufacturing $2,808/thousand square feet of building
Retail — Commercial $6,818/thousand square feet of building
Car Rental $43,268/acre of property devoted to car rental use
Commercial Recreation $13,428/acre of property devoted to commercial
recreation use
All Other $1,492 per p.m. peak hour trip as determined by
traffic study approved by City
Determination as to the appropriate clas
sification of a use shall be determined by the Director
of Public Works, subject to an appeal to the City Council filed no later than ten (10) days
following determination by the Director. An appeal must be in writing and filed with the City
Clerk within the required time period. Fees shall be annually reviewed 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. If a project does not proceed to construction for reasons
determined by the City Planner to be beyond the control of the applicant and loses its traffic
allocation, the portion of the Bayfront development fee on deposit with the City may be returned
to the applicant. Planning and environmental fees will not be returned.
7/19/2004
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Section 5. Use of Funds.
All charges collected pursuant to this ordinance shall be placed in a special fund to be
known as the Bayfront Benefit Area Fund. Payments for said fund shall be in ed to costs
related to design, right of way acquisition, and roadway and circulation improvements set forth
in the Bayfront Specific Plan or for the 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. Additionally, said
funds may be used to reimburse the City for any City funds advanced for their construction or
developer reimbursement purposes in connection with the completion of said work if said City
funds exceed more than 60 percent of actual costs of the improvements.
Section 3. This ordinance shall be published as required by law and shall take effect
sixty (60) days after its adoption.
a
Mayor
I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that
the foregoing ordinan
ce was introduced at a regular meeting of the City Council held on the
21 st day of June, 2004, and adopted thereaft
er at a regular meeting of the City Council held on
the 19"
day of July, 2004, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
7/19/2004
-4-
jCity Clerk