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HomeMy WebLinkAboutOrd 1014ORDINANCE NO, 1014 AMENDING 'PHP MUNICIPAL CODE OF T}Ili CITY OF BURLING V1)i' BY ADDING CHAPTER 26.30 TO TITLE 26 (SUBDIVISIONS) PROVIDING FOR PE�RMI':['S AND REGULATION OF CONDOMINIUM SUBDIVISIONS )✓ T2 E R G E N C Y The City Council of the City of Burlingame does ordain as Follows: Section 1. The Municipal Code of the City of Burlingame is hereby amended, by adding Chapter 26.30 to Title 26 (Subdivisions) which shall read as follows: "CHAPTER 26.30 - 1 - CONDOMINIUM SUBDIVISIOPdS Sections: 26.30.010 26.30.020 26.30.025 26.30.030 26.30.040 26.30.050 26.30.060 26.30.070 Purpose and intent New construction permit Conversion permit Community apartments Definitions Initiated Projects Standards Minimum Requirements - 1 - §26.30.010 Purpose and intent. The City Council finds and determines that condominiums and community apartments differ from apartments in numerous res- pects and, for the benefit of public health, safety and welfare, such projects should be treated differently from apartments. The City Council therefore states its express intent to treat such projects differently from apartments and like structures and to adopt standards for the protection of the community and the pur- chasers of condominiums and community apartments. §26.30.020 P7ew construction permit. Before final approval -and issuance of any building per- Imit for any condominium or condominium project, a developer, builder or other person seeking to construct such a project shall first apply for and obtain from the Planning Commission a condo- minium permit. Such condominium permit shall be issued only (a) upon approval of the Planning Commission, or City Council upon appeal or review, after it determines that such project conforms to all applicable zoning regulations as provided for in Chapter 25 of the Municipal Code, and (b) upon the payment of a fee in the amount provided in §26.2.4.090 of this code. Applications for con- dominium new construction permits shall be evaluated and processed pursuant 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 con- vert an existing structure to a condominium shall first apply for and obtain from the Planning Comm ission a condominium conversion permit. Such condominium conversion permit shall be issued only (a) upon the approval of the Planning Commission, or City Council upon appeal or review, after it has determined that the existing structure conforms to all applicable zoning regulations and all other City requirements and (b) upon the payment of a fee in the amount provided in §26.24.090 of this code. Applications for con- dominium conversion permits shall be evaluated and processed pur- suant to the procedural requirements set forth for conditional use permits in Title 25 of this code. §26.30.030. Community Apartments, Community Apartments shall be subject to the same restri tions, conditions, requirements and application fees as condomini §26.30.040 Definitions. For the purpose of this Chapter, the following words and ',phrases shall have the meanings respectively ascribed to them by this section: (1) 'CONDOMINIUM' An estate in real property consisting of an un- divided 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 build- ing 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 es- tate for years, such as a leasehold or subleasehold, or (4) a right of use. For the purposes of, this Chapter, a tuwnhouse is a condominium. (2) 'UNIT' The elements of a condominium which are not owned in common with the owners of other condominiums in the project. (3) 'COIQDOMINIUM PROJECT' The entire parcel, or portion thereof, of real pro- perty, including all structures thereon, subdivided or to be subdivided, for the purpose of constructing or converting existing structures to condominium units. (4) 'COMMON AREAS' The entire project excepting all units therein granted or reserved. (5) 'CONDOMINIUM CONVERSION' The development of land and attached structures as a condominium project, regardless of the present or prior use of such land, and structures, and regardless of whether substantial improvements have been made to such structures. (6) `COMMUNITY APARTMENT' A development in which an undivided interest in the land is coupled. with the right of exclusive occupancy of an apartment located thereon. For all purposes of the Municipal Code, community apartments shall be sub- ject to the same restrictions, conditions, and regula- tions as condominiums. §26.30.050 Initiated Projects. No condominium project, regardless of when initiated, i for which a building permit has been issued shall be exempt from the requirements of obtaining a condominium permit or condominium conversion permit unless actual construction has commenced. 926.30.060 Standards. The following condominium standards shall apply to all land and structures proposed as a part o£ 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 projector portion thereof shall be ap- proved or conditionally approved in whole or in part unless the Planning Commission, or City Council upon appeal or review, shall have reviewed and approved the following on the basis of their ef- fect 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. A detailed development plan of the project including the location, treatment, and sizes of structures, parking layout, access areas, and exterior elevation! c. A detailed landscaping plan indicating types and sizes of landscaping materials. d. A detailed lighting plan indicating location and nature of lighting and lighting fixtures in common areas. e. s copy of Conditions, Cov(-- ,nts, and Restrictions and any Condominium Agreements for the project set- ting forth the occupancyand management policies for the project. f. Provisions for the dedication of land or easements for street widening, public access or other public purpose, where necessary, and in accordance with established planned improvements.' §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) There shall be off-street parking as pro- vided by 525.70.030(b) of this Code. (2) Required off-street parking spaces, except guests parking spaces, shall be included in the ownership of each individual condominium unit and shall not be sold or transferred except withi the sale of such unit. b. SIDE YARD REQUIREMENTS. Side yards shall be T ( 5) feet minimum or greater as determined by the Planning Commission. c. CONDOMINIUM AGREEMENTS. Condominium Agreements shall contain, but not be limited to, adequate pro- visions for maintenance, repair, and upkeep; provi- Bions that in the event of destruction or abolish- ment, reconstruction shall be in accordance with codes in effect at the time of such reconstruction; and provisions for dedication of land or establish- ment of easements for street widening or other public purpose. d. ACCESS. All private streets, driveways and parking areas shall be improved and constructed with a structural section in accord with Burlingame Engineering Department standards. They shall be de- signed and maintained to insure access for municipal services to any dwelling unit therein. Section 2. Violation and penalty. Any person violating any of the provisions of this ordinance shall be guilty of a demeanor and upon conviction thereof, shall be subject to a fine not exceeding Five Hundred ($500.00) dollars or six (6) months in the County Jail of San Mateo County, or by both such fine and im- prisonment at the discretion of the Court. Section 3. Repeal. Ordinance No. 1009 adopted as an urgency ordinance on May 6, 1974, and Ordinance No. 1010 adopted May 20, 1974, each entitled "An Ordinance Providing for a Morator- ium on the Conversion of Structures to Condominiums", and any pro- vision of the Burlingame Municipal Code inconsistent herewith, to the extent of such inconsistency, and no further, are hereby re- pealed. Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter or any part thereof, is for any reason held to be unconstitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining, portions of this Chapter c: any part thereof. The City Council hereby declares that it would have passed each sec- tion, subsection, subdivision, paragraph., sentence, clause or phrase thereof, irrespective of the fact that any one or more sec- tions, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. Section 5. Publication. This Ordinance shall be published once as required by law. Section 6. Urgent. It is hereby declared that this Ordinance is an ordinance for the immediate .preservation of the public peace, safety, health and welfare and is an emergency mea- sure as provided by law and shall take effect upon its final pas- sage and adoption. The City Council finds that the unregulated conversion of the ownership of apartment ixnits from a single entity to multi- ple ownership could prove detrimental to the public health, safety and general welfare. This is due to the possibility that multiple family living units, designed for occupancy by households of limited size and characterized by greater dwelling unit densities with less amenities than single-family living units, may be sold off as individual units to separate entities for occupancy by households of a more single-family nature. Unregulated conversions of this nature would appear in- appropriate. In many cases, such as instances where special pur- pose living units are constructed, insufficient open site area remains available to provide the additional room, recreation/lei- sure, or parking areas required to satisfy the needs of the anti- cipated increase in household size in such units. yor I, HERBERT K. WHITE, City Clerk of the City of Burlingame, do hereby certify that the foregoing Ordinance was introduced and adopted at an adjourned regular meeting of the City Council held on the 24th day of July, 1974, by the following four-fifths vote: AYES: COUNCILMEN: Amstrup, Crosby, Cusick, Harrison, Mangini, DIOES: COUNCILMEN: None ABSENT: COUNCILMEN: None - 9 - lye