HomeMy WebLinkAboutOrd 1015ORDINANCE N0. 1015
AMENDING THE MUNICIPAL CODE
OF THE CITY 017 BURLINGAME
BY ADDING CHAPTER 26.30 TO TITLE 26
(SUBDIVISIONS) PROVIDING FOR
PERMITS AND
REGULATION OF CONDOMINIUM SUBDIVISIONS
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:
Sections:
"CHAPTER 26.30
CONDOMINIUM SUBDIVISIONS
26.30.010 Purpose and intent
26.30.020 New construction permit
26.30.025 Conversion permit
26.30.030 Community apartments
26.30.040 Definitions
26.30.050 Initiated Projects
26.30.060 Standards
26.30.070 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 Pdew construction permit.
Before final approval and issuance of any building per-
mit 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 §26.24.090 of this code. Applications for con-
dominium new construction permits shall be evaluated and processed
pursuant to the procedural requirements set forth for conditional
i
use permits in Title 25 of this code.
5
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 Commission a condominium conversion
permit. Such condominium conversion permit shall he 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 condominiums.
§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 townhouse is a condominium.
(2) 'UNIT'
The elements of a condominium which a.re not owned
in commcn with the owners of other condominiums in the
project.
(3) 'CONDOMINIUb4 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) 'CWIMUNITY 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,
q _
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.
X26.30.066 Standards.
The following condominium standards shall apply to all
land and structures proposed as a part of a condominium praject
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 comm
on
areas.
e. copy of Conditions, Covc nts, and Restrictions
and any Condominium Agreements for the project set-
ting forth the occupancy and 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 §25.70.030(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 with
the sale of such unit.
b. SIDE YARD REQUIREMENTS. Side yards shall be
( 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-
sions that in the event of destruction or abolish-
ment, reconstruction shall be in accordance with
odes in e.f_fect at the tin _'of such reconstruction;
and provisions for dedication of land or establish-
ment of easements for street widening or other
public purpose.
d. ACCESS. A11 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 mis-
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 a.nd im-
prisonment at the discretion of the Court.
Section 3. Repeal. Ordinance No. 1009 adopted as an
urgency ordinance on PRay 6, 1974, and Ordinance No. 101G adopted
May 20, 1974, each entitled "An Ordinance Providing for a Morator-
ium on the Conversion of Structures to Condominiums" and Ordinance
No. ;01�� entitled "Amending the Municipal Code of the City of
Burlingame by Adding Chapter 26.30 to Title 26 (Subdivisions)
.Providing for Permits and Regulations of Condominium Subdivisions"
adopted as an urgency ordinance on July 24, 1974, and any provi-
sion of the Burlingame Municipal Code inconsistent herewith, to
.the extent of such inconsistency, and no further, are hereby re-
pealed.
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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 or 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.
or
I, HERBERT K. WHITE, City Clerk of the City of
Burlingame, do hereby certify that the foregoing Ordinance was
introduced at an adjourned regular meeting of the City Council
held on the 24th day of July, 1974, and adopted thereafter at a
regular meeting of the City Council held on the 5th day of
1974, by the following vote:
AYES: COUNCILMEN: z; ra;;tru��--Cusick--I=ia.i'ig?_i1i
�PIOES: COUNCILMEN: �,r,;_,�
(ABSENT: COUNCILMEN: Cro;;bv_±?atra_5v.i,
City Clerk
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