HomeMy WebLinkAboutOrd 16531
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ORDINANCE NO. 1653
ORDINANCE OF THE CITY OF BURLINGAME
ADOPTING AN AMNESTY PERIOD AND SPECIAL PERMIT PROCESS FOR
SECONDARY DWELLING UNITS IN THE CITY
The CITY COUNCIL of the CITY OF BURLINOAME does hereby ordain as follows:
Section 1. A large number of secondary dwelling units were built by property owners
in the City during World War II and during the period shortly thereafter. This ordinance is
intended to create a process by which those units can be made safe and healthful for occupants and
their existence approved by the City.
Section 2. Anew section 25.08.557 is added to read as follows:
25..08.557 Remodel
"Remodel" means construction within a structure or to its exterior, including any addition,
that does not exceed fifty (50) percent of the value ofthe structure based on the per square foot cost
of the type of construction based on the most current valuation tables in the Building Standards
Magazine published by the Intern
ational Conference of Building Officials.
Section 3. Anew chapter 25.59 is added as follows:
Chapter 25.59
SECONDARY DWELLING UNITS
25.59.010
Purpose.
25.59.020
Applicability.
25.59.030
Definitions.
25.59.040
Procedure.
25.59.050
Appeals.
25.59.060
Performance standards.
25.59.070
Conformance.
25.59.080
Time frame.
25.59.090
Remodeling and improvements.
25.59.100
Revocation of special permit.
25.59.110
Variances prohibited.
25.59.010 Purpose.
The purpose 01
this chapter is to provide a means for property owners in the R-1 districts
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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 a window of a total of two (2) years
within which such an owner can apply to the city for review and approval and then complete all
necessary improvements to bring the unit into compliance with the health and safety standards of
the Uniform Housing Code. 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.
25.59.020 Applicability.
This chapter applies to any 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
that time.
25.59.030 Definitions
For purposes of this chapter, the following definition applies:
Secondary dwelling unit. "Secondary dwelling unit" mean
s an additional dwelling unit on
asingle-family residential lot or parcel which dwelling contains one or more rooms an
d one
kitchen designed for occupancy by not more than two (2) persons for living an
d sleeping purposes.
25.59.040 Procedure.
(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 an
d envelope since that
time may apply to the city no later than June 30, 2002, for a Special permit to legalize the existence,
use, an
d occupancy of the secondary dwelling unit pursuant to this chapter.
(b) Applications for such a special permit shall be in writing an
d filed with the city planner
on a form approved by the city planner. In addition to the requirements for such an
application,
the application shall contain a declaration under penalty of perjury detang the history of the
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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 applicafion for a special permit pursuant to this chapter, the city planner 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 city planner 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 city planner shall deny the
application.
(e) Notice of approval of a special permit pursuant to this chapter shall be mailed by the city
planner to owners of property within 100 feet of the exterior boundaries of the subject property,
with information regarding the right to appeal the decision of the city planner.
25.59.050 Appeals.
(a) Appeals fr
om the decision of the city planner shall be made in writing to the planning
commission within seven (7) days aft
er the public notice of the decision of the city planner is
mailed. Any member of the planning commission or the city council may request a review of a
decision of the city planner by making such a request to the city planner 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 fort
h 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.
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(d) The decision of the city planner shall be final seven (7) days after the mailing of public
notice of the city planner's decision if not 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.
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 shall be provided for the primary dwelling unit as required by this code,
and additional parking for the secondary dwelling unit shall be at least one uncovered parking
space, which may be provided in tandem Yo another existing parking space.
times.
(b) No more than two (2) persons may occupy the secondary dwelling unit.
(c) An owner ofthe subject property shall reside in at least one of the dwelling units aY all
(d) The floor area of the secondary dwelling unit shall not exceed 640 square feet.
(e) The secondary dwelling unit shall conform to the requirements of the Californ
ia Health
and Safety Code, Section 17920.3, an
d the Uniform Housing Code as adopted by Section 17922.
25.59.070 Conformance.
An applican
t for a special permit pursuant to this chapter that has been granted on
conditions that it conform to the requirements of this chapter may perform work to bring the
secondary dwelling unit into conformance, such as reducing the size of the living unit, improving
or constructing parking, and correcting violation of Health & Safety Code section 17920.3 and the
Uniform Housing Code. However, in no event shall any improvements to the secondary dwelling
unit exceed fifty percent (50%) of the replacement value of the unit.
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25.59.080 Time frame.
Applications for approval of a special permit shall be made on or before June 30, 2002.
Any approved special permit that has not complied within the time requirements contained in this
section shall lapse and be of no further force and effect on June 30, 2003.
25.59.090 Remodeling and improvement.
Following the completion of the requirements contained in section 25.59.060 above, the
following limitations on remodeling, expansion, improvement, or reconstruction shall apply:
(a) No increase of more than thirty (30) square feet of floor area of the secondary dwelling
unit shall be allowed.
(b) No remodeling or improvement to the secondary dwelling unitthat exceeds fifty percent
(50%) of the value of the secondary dwelling unit shall be allowed.
(c) Any remodeling affecting the exterior of the secondary dwelling unit shall be matched
to generally conform to the exterior treatment of the primary dwelling unit on the parcel.
(d) If the secondary dwelling unit is demolished, the special permit shall lapse and be of
I no further force and effect.
(e) If the secondary dwelling unit is destroyed or damaged by a natural catastrophe, the
secondary dwelling unit may be reconstructed in exactly the same envelope and fl
oor area as it
existed immediately before the catastrophe.
(e) In no event, shall any increase or improvement in the secondary dwelling unit be
allowed to cause the improvements on the subject propert
y to exceed the maximum floor area ratio
or lot coverage.
� 25.59.100 Revocation of special permit.
A special permit granted pursuant 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.
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25.59.110 Variances prohibited.
No variance under chapter 25.54 shall be granted from any requirement of this chapter
25.59.
Section 4. This ordinance shall be published as required by law.
l _-
I, ANN T. MUSSO, City Clerk ofthe City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 16th
day of April , 2001, and adopted thereafter at a regular meeting of the City Council held on the 7th
day of May, 2001, by the following vote:
AYES: COUNCILMEMBERS: COFFEY, GALLIGAN, JANNEY, O'MAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
S:\Ordinances\ord 1653. ord.wpd
City Clerk
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