HomeMy WebLinkAboutOrd 17311
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ORDINANCE NO. 1731
ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 25.59
TO PERMANENTLY INSTITUTE AN AMNESTY PROGRAM FOR PRE-EXISTING
SECONDARY DWELLING UNITS AND TO ALLOW VARIATIONS IN CERTAIN
REQUIREMENTS FOR APPROVAL
The City Council of the City of Burlingame ordains as follows:
Section 1. The purpose of this ordinance is to convert the current amnesty program for
secondary units from atwo-year program to a permanent program. It is hoped that this will
encourage property owners to apply for amnesty over time. In addition, the limitations on on-site
parking spaces have created some hardships on property owners, and this ordinance attempts to
reduce those hardships in exchange for a commitment to sustain the affordability of secondary
dwelling units.
Section 2. Section 25.59.010 is amended to read as follows:
25.59.010 Purpose.
The purpose of this chapter is to provide a means for property owners in the R-1 districts
of the city to legalize the existence and usage of secondary dwelling units that were built as
dwelling units before January 1, 1954. This chapter provides an owner the opportunity to apply
to the city for review and approval of such a second dwelling unit in the single family zone and
then complete all improvements to bring the unit into compliance with the health and safety
standards of the Uniform Housing Code. The health and safety improvements must be completed
within one year following the approval of the unit. If the primary dwelling on the site is
demolished, the secondary dwelling unit cannot be retained or replaced. This chapter also provides
basic protections to the surrounding neighborhoods by requiring off-street parking, owner
occupancy of one of the two units located on such a property, and limitation on the number of
occupants.
Section 3. Section 25.59.040(a) is amended to read as follows:
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Any person owning a secondary dwelling unit that was built as a dwelling unitnot latex than
December 31, 1953, and that has been in substantially the same use and envelope since that time
may apply to the city, for a special permit to legalize the existence, use, and occupancy of the
secondary dwelling on pursuant to this chapter.
Section 4. Section 25.59.060 is amended to read as follows:
25.59.060 Performance standards.
A secondary dwelling unit shall meet all of the following requirements to qualify for
approval under this chapter:
(a) On site parking spaces based on the number of bedrooms in the primary dwelling and
one (1) space for the second unit shall be provided as follows:
(1) Parking for the primary dwelling as required by chapter 25.70; and
(2) No more than two (2) of the required on-site parking spaces shall be in tandem
configuration, covered or uncovered; and
(3) No required parking may be provided in the front setback or yard, except in the
driveway; and
(4) All parking shall be provided on a hard, all-weather surface and properly drained to the
public street; an
d
(5) Notwithstanding subsection (a)(1) above, up to three (3) oftheparking spaces required
fox the property by this title may be uncovered if, but only if, the secondary dwelli
ng unit is only
used for "affordable housing" as defined in chapter 25.63. As a condition of approval under this
subsection, the owner of the property will be required to enter into and record an agreement
generally in conformance with section 25.63.040 to ensure continued affordability of the secondary
dwelling unit.
(b) No more than two (2) persons may occupy the secondary dwelling unit.
(c) An owner of the subject property shall reside in at least one of the dwell
ing units on the
property at all times.
(d) The floor area of the secondary dwelling unit shall not exceed 640 square feet.
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(e) The secondary dwelling unit shall conform to the requirements of the California Health
and Safety Code, Section 17920.3, and Lite Uniform Housing Code as adopted by Section 17922.
Sect on., A new subsection 25.59.070(b) is added as follows:
(b) Any special permit approved pursuant to this chapter that has not been brought into
compliance with the requirements of this chapter within one year of approval shall lapse and be of
no further force and effect.
Section 6. Section 25.59.080 is repealed.
Section 7. Subsection 25.59.090(d) is amended to read as follows:
(d) If the secondary dwelling unit is demolished, the special permit shall lapse and be of no
further force and effect, and all on-site parl�ing requirements of chapter 25.70 shall be met for the
primary dwelling on the site.
Section 8. Section 25.59.100 is amended to read as follows:
25.59.100 Revocation of special permit.
A special permit granted pursuan
t to this chapter shall be revoked when:
(a) No owner of the subject property resides on the property; or
(b) The secondary dwelling unit is no longer used for residential purposes; or
(c) The parking required by section 25.59.060 is no longer provided; or
(d) The primary dwelling on the site is purposely demolished; or
(e) Parking is not being provided in conformance to this chapter; or
(f) The agreement between the owner and the city regarding affordability of the secondary
dwelling unit has
been breached by the owner and covered parking is not being provided in
accordance with chapter 25.70.
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Section 9. This ordinance shall be published as required by law
Mayor
I, ANN T. MUSSO, 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 17' day
of February, 2004, and adopted thereafter at a regular meeting of the City Council held on the Is'
day of March, 2004, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Q\FILESVORDINANC\seoondunits2004.pin.wpd
2/17/2004
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Cot Clerk
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