HomeMy WebLinkAboutOrd 17061
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ORDINANCE NO. 1706
ORDINANCE OF THE CITY OE BUR INGAME AMENDING CHAPTER 26.30 TO
UPDATE CONDOMINIUM DEVELOPMENT REQUIREMENTS
The City Council of the City of Burlingame ordains as follows:
Section 1. The City's requirements for development of condominium projects in the City
were first adopted in 1974 and have served the City well. To supplement those ordinance
requirements, the City has developed standards adopted by resolution that more specifically detail
standards. This ordinance is intended to supersede that resolution and establish clear development
standards to guide development of condominium and cooperatively owned projects in the City.
Section 2. Chapter 26.30 is amended to read as follows:
Chapter 26.30
CONDOMINIUM SUBDIVISIONS
NEW CONSTRUCTION
Sections:
26.30.010 Purpose.
26.30.020 New construction permit required.
26.30.025 Conversion permit.
26.30.030 Community apartments.
26.30.040 Definitions.
26.30.060 Basic Standards.
26.30.070 Minimum Requirements.
26.30.010 Purpose.
This chapter is adopted to ensure each condominium project supports sound community
planning; support
s the economic, ecological, social and aesthetic qualities of the community; and
supports the public health, safety and general welfare. Review criteria are needed to adequately
evaluate residential, commercial and industrial condominium subdivisions and insure that they are
consistent with the purposes of this chapter, the city's general plan, its implementing zoning, and
this code.
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26.30.020 New construction permit required.
Before final approval and issuance of any building permit £or any condominium or
condominium project, a developer, builder or other person seeking to construct such a proj ect shall
first apply for and obtain from the planning commission a condomin um permit. A condominium
permit shall be issued only:
(a) Upon approval of the planning commission, or city council upon appeal or review,
finding that the project conforms to the provisions of chapter 26.30 and to all applicable zoning
regulations of title 25 of this code; and
(b) Upon payment of fees in the amount required by this code and resolution of the city
council.
Applications for condominium new constructionpermits shallbe evaluated andprocessedpursuant
to the procedural requirements set forth for conditional use permits in title 25 of this code.
26.30.025 Conversion permit.
Any developer, builder or other person seeking to convert an existing structure to a
condominium shall fi
rst apply for and obtain from the planning commission a condominium
conversion permit pursuant to chapter 26.32. Condominium conversions shall be limited to a
parcel containing structures with a total of more than twenty (20) residential units or with
commercial, office, or industrial structures with a total of more than twenty thousand (20,000)
square feet. Applications for condominium conversion permits shall be evaluated and processed
pursuant to the procedural requirements set forth fox conditional use permits in title 25 of this code.
26.30.030 Community or cooperative ownership.
Community and cooperatively owned apart
ments or commercial, office, or industrial units
shall be subject to the same restrictions, conditions, requirements and application fees as
condominiums and condominium conversions under chapter 26.32..
new
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26.30.040 Definitions.
For the purpose of this title, the following words and phrases shall have the following
definitions:
(a) "Common areas" means the entire project, excepting Lm therein granted or
reserved.
(b) "Community or cooperatively owned" means a development in which an undivided
interest in the land is coupled with the right of exclusive occupancy of an apartment or space within
a commercial building located thereon. For all purposes of this code, community or cooperatively
owned structures shall be subject to the same restrictions, conditions and regulations as
condominiums.
(c) "Condominium" means an estate in real property consisting of an undivided interest in
common in a portion of a parcel of real property together with a separate interest in space in a
residential, industrial or commercial building on such real property such as an apartment, office or
store. A condominium may include, in addition, a separate interest in other portions of real
property. Such separate interest may, with respect to the duration of its enjoyment, be either (1)
an estate of inheritance or perpetual estate, (2) an estate for life, (3) an estate for years, such as a
leasehold or sublease hold, or (4) a right of use. For the purposes of this chapter, a townhouse is
a condominium.
(d) "Condominium project" means the entire parcel, or portion thereof, or real propert
including all structures thereon, subdivided or to be subdivided, for the purpose of constructing or
convert
ing existing structures to condominium units.
(e) "Conversion" means aproposed change in the ownership interest of a parcel or parcels
of land, together with the existing or added structures, some of which were previously occupied,
from that established to the type of ownership interest defined as community apart
ments, stock
cooperative, or condominiums.
(f) "Open space" means that area of a lot which is:
(1) Open and unobstructed from the ground to the sky; or
(2) Open and unobstructed from the ground to roof eaves or balconies above the ground
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floor; or
(3) Area covered by swimming pool equipment, or other recreation -oriented construction
and equipment or decks.
(g) "Units" means the elements of aeon omnurn which are not owned in common with
the owners of other condominiums in the project.
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 forth for conditional use permits in title 25 of this code. No condominium 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 the following on the
basis of their 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
and sizes of structures; separation between living units and along property
and
density permitted by zoning regulations;
(c)
A detailed development and
site plan
of the project including: the location, treatment
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 pattern
s on the site, the types and
sizes of lan
dscaping 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 conditi
ons, covenants andrestrictions and any condominium agreements for
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the project setting 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 ofrooms, 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
rmprovements.
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:
Required Parking Spaces
1-10
10-20
Over 20
Allowable Compact Spaces11
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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:
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Number of Dwelling Units
2 to 4 units
5 -IS units
15 or more
Required Guest Parking Spaces
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(3) All residential condominium developments shall provide an areafor on-site deliveries.
(4) For commercial and industrial condominiums, there shall be off street parking as
required by chapter 25.70, which may include compact parking as allowed in chapter 25.70.
(5) Parking requirements compliant with the American Disabilities Act shall be provided
on site as required by the California Building Standards Code as amended 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 areas.
(c) Side Setback Requirements. Side setbacks shall be five (5) feet minimum or greater as
determined by the zoning requirements for multiple family or commercial development, as
applicable, as provided in title 25.
(d) Conditions, Covenants and Restrictions Agreements. Conditions, covenants and
restrictions agreements shall contain, but not be limited to, adequate provisions for maintenance,
repair andupkeep of all structures, 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 forth 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
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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.
(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 percent (50%) 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 may be requested to reduce the required front setback
landscaping to forty-five percent (45%) of the lot area within the required front setback.
(2) Site landscaping shall be suitable for the specific sunshade 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. 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 floor 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
o£ a designated area less than three and one-half (3 '/�) 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 percent (50%) of the total required area. All such areas shall be at or within six
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(6) feet of established grade; roof top areas shall not qualify as common open space.
(5) Common open
space
for commercial
and industrial condominium
and cooperative
developments. Common
open
space shall be
provided as required by the
zoning district
requirements based on the location of the development.
(f) Project Plans and Submittals. Project plans shall indicate accessibility fox 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, building 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 zoning 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 3. This ordinance shall be published as required by law and shall take effect thirty
days after its adoption.
I, DORIS MORTENSEN, Deputy 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
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on the 215day of April, 2003, and adopted thereafter at a regular meeting of the City Council held
on the 5" day of May, 2003, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, JANNEY, UMAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
S:AOrdinances\ord 1706.ord.wpd
Deputy City Cleric
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