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HomeMy WebLinkAboutOrd 16201 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 ORDINANCE NO. 1620 ORDINANCE OF THE CITY OF BURLINGAME AMENDING THE ZONING CODE TO PROVIDE FOR DESIGN REVIEW OF CERTAIN SINGLE STORY ADDITIONS AND NEW STRUCTURES IN R4 DISTRICTS The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. In 1998, the City adopted a design review process for second story additions and structures in R-1 Districts in the City in order to preserve the special character of the City's residential neighborhoods. Certain large single story additions and new single story homes have created similar concerns about the bulk and character that created the need for review of second story construction. Therefore, this ordinance is intended to provide for the same design review process for those specific types of additions and construction identified in the ordinance. In addition, this ordinance requires a special permit review if any parking spaces are to be eliminated and allows intrusion into the declining height limits with a special permit instead of a more difficult variance. Section 2. Chapter 25.57 is amended to read as follows: Chapter 25.57 DESIGN REVIEW OF CONSTRUCTION OF OR ADDITIONS TO ANY RESH)ENTIAL STRUCTURE IN ANY R-1 DISTRICT Sections: 25.57.010 Design review required. 25.57.020 Design review panel. 25.57.030 Design review process. 25.57.040 Exemptions. 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 Section 25.57.010 Design review required. Unless the proposed project has been reviewed pursuant to this chapter, no building or construction permit shall be issued in any R-1 district for the following: (a) Substantial construction as defined in this title of or to a single family dwelling; or (b) A single family dwelling addition having a plate height greater than nine (9) feet above finished floor; or (c) An increase to the height of the existing plate line of a single family dwelling; or (d) Construction of a garage attached to a single family dwelling; or (e) Addition to or construction of a second story or higher. Section 25.57.020 Design review panel. With the approval ofthe planning commission, the city planner shall appoint one or more design professionals to advise the city planner and the planning commission on applications made under this ordinance. The panel appointees shall be persons in the business of residential design who have practiced their design profession involving residential designs in the city and who are willing to contract with the city to provide advisory services under this chapter. Ona random basis, the city planner shall assign each application under this chapter to a panel appointee for review and comment under this ordinance. Section 25.57.030 Design review process. (a) Any person seeking approval of construction to be reviewed under this chapter shall submit an appli cation for design review to the City Planner in the same form and containing the same signatures as provided in section 25.16.040 of this title. The schematic design plans submitted with the application shall demonstrate the architectural details of the proposal, and in the case of an addition, of the existing structure and the addition. (b) Upon submittal, the schematic design plans and the application shall be referred to the professional appointed pursuant to this chapter above for comments regarding conformance -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 with this chapter. If it is determined to be helpful by the professional, the professional and a city planning staff member shall meet with the applicant or the applicant's representative and provide comments before the application shall be deemed complete. (c) Following completion of the application, the plans submitted shall be referred to the same appointee professional described above for review and comment. The appointee's analysis shall be forwarded to the planning commission. (d) No prior mailed notice of the appointee's review is necessary, but notice of the commission's review of each application under this chapter shall be given as provided in Section 25.16.050. (e) The application shall then be reviewed by the planning commission for the following considerations: (1) Compatibility of the architectural style with that of the existing chazacter of the neighborhood; (2) Respect for the parking and garage patterns in the neighborhood; (3) Architectural style and consistency and mass and bulk of structures, including accessory structures; (4) Interface of the proposed structure with the structures on adjacent properties; (5) Landscaping and its proportion to mass and bulk of structural components; and (6) In the case of an addition, compatibility with the architectural style and character of the existing structure as remodeled (f) The applicant shall bear the burden of demonstrating to the satisfaction of the planning commission that the applicant's design and project comply with the design cri teria set fort h in subsection (e) above. The commission may deny, deny without prejudice, approve, or approve with conditions any application under this chapter. (g) Decisions of the planning commission under this chapter shall be subject to appeal to the city council and the effectiveness, as provided in Sections 25.16.070 through 25.16.130, except that the determination of the commission shall become fi -3- nal and conclusive in seven (7) 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 days from the date of the commission decision if no appeal is filed with the city clerk. Section 25.5 1.040 Exemptions. The following applications are exempt from the chapter: (a) Applications for building permits or planning approvals filed before March 17, 1998 and certain amendments to those applications or permits as specifically provided in Ordinance No. 1602. (b) Applications for building permits or planning approvals filed before 5:00 p.m. on November 18. 1999, and certain amendments to those applications or permits as specifically provided in Ordinance No. 99 - Section 3. Section 25.28.035 is amended to read as follows: 25.28.035 Uses Allowed with a special permit. The following are uses allowed in the district with a Special Permit: 1. Attached garages for single family dwelling units. 2. Reduction in the number of parking spaces existing on site. 3. Construction exceeding the limits of the declining height envelope. Section 4. Anew Section 25.08.035 is added to read as follows: 25.08.035 Addition. "Addition" means construction which extends or increases the building envelope. Section 5. Anew Section 25.08.524 is added to read as follows: 25.08.524 Plate Height. "Plate Height" means the vert top of the plates. ical measurement from the top of the finished floor to the -4- 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 Section 6. A new Section 25.08.643 is added to read as follows: 25.08.643 Substantial Construction. "Substantial construction" means construction of a wholly new primary dwelling and/or removal or reconstruction offifty (50) percent or more ofthe exterior walls; change to accessory structures is not included in this definition. Section 7. This ordinance shall have the following application to building or construction permits subject to this chapter that do not involve the addition to or construction of a second story or higher: Date of submittal or approval of complete building or . Effect of Ordinance on an construction permit Status under ordinance Amendment to permit or application or complete application plannin2 application Before 5:00 p.m. of the Exempt from Design Subject to Design Review under effective date of Ordinance Review under Chapter Chapter 25.57 if. November 18, 1999 25.57 1. The permit or application, as amended, involves any construction subject to Chapter 25.57; and 2. The amendment would extend the structure involved in the application outside the envelope of the structure for which the approval was granted or sought in the underlying application After 5:00 p.m. on the effective Subject to Design Review Subject to Design Review under date of the ordinance, under Chapter 25.57 if the Chapter 25.57 if the application November 18, 1999 application, involves any involves any construction subject construction subject to to Chapter 25.57 Chapter 25.57 -5- 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 Section 8. This ordinance shall be published as required by law. Mayor I, 7IJDITH A. MALFATTI, 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 4th day of October , 1999, and adopted thereafter at a regular meeting of the City Council held on the 18thday of OCTOBER 1999, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS C:\W P51\FILES\ORDINANC\PCSTYREG2.12.wpd JANNEY,'11NfGHT'''Q'MAI'iONY, SPINELL I GALLIGAN NONE -6-