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
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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
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§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
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