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HomeMy WebLinkAboutOrd 159110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1591 ORDINANCE OF THE CITY OF BURLINGAME ADOPTING AN URGENCY ORDINANCE PURSUANT TO GOVERNMENT CODE SECTIONS 36937 AND 65858 REQUIRING A REVIEW OF THE DESIGN OF ANY CONSTRUCTION OF OR ADDITION TO ANY SECOND OR TALLER STORY IN ANY R4 DISTRICT OF THE CITY The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. A. Government Code Section 65858 allows the City of Burlingame to adopt an interim ordinance to protect the public health, safety, and welfaze to prohibit uses that maybe in conflict with a contemplated zoning proposal being studied by the City Council or the City Planning Commission. Government Code Section 36937 allows the City of Burlingame to adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety. B. The City of Burlingame's single-family neighborhoods consist of a variety of modest homes harkening back to bungalow, mediterranean, and California architectural styles, and the Planning Commission is currently studying proposals that would apply design standards or otherwise regulate construction of structures in the R-1 Districts of the City that are more than one story in height. The current economic boom in the Bay Area has given impetus to building larger and larger homes. The current zoning regulations mandate a specific style of housing construction to reach the full buildout and discourage traditional building styles, such as Spanish, Tudor, colonial, Queen Anne, and the purpose of the ordinance is to encourage the development of a more traditional style of home and to discourage the new, amorphous, contemporary style. Because construction of tall, massive homes irreversibly threatens the neighborhood integrity that makes Burlingame such a special place to live, continued issuance of planning approvals and permits in light of these concerns and without adequate review would make the Planning Commission's proposed regulations ineffective. Therefore, it is imperative to 01 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 preserving the City's single-family neighborhoods that the Planning Commission and the City Council be given time to develop, consider, and adopt regulations regarding second and higher stories of structures in the R-1 Districts that will be effective and meaningful. C. On March 16, 1998, the City Council adopted an interim ordinance prohibiting planning applications for and issuance of construction permits for certain second story or higher construction or additions for a period of 35 days. This ordinance is intended to implement a simple design review process so that the interim prohibition can be removed, while at the same time, allowing the Planning Commission's process of reviewing various approaches to continue. Section 2. No building or construction permit for any construction shall be issued that would allow any addition to or construction of a second story or higher of any structure in any R-1 District of the City unless the addition to or construction of the second story or higher has been reviewed pursuant to this Ordinance. Section 3. With the approval of the 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 selected 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 ordinance. On a random basis, the city planner shall assign each application under this ordinance to a panel appointee for review and comment under this ordinance. Section 4. (a) Any person seeking approval of an addition to or construction of a second story or higher in any R-1 District in the City shall submit an appli cation for design review to the City Planner mine same form and containing the same signatures as provided in Section 25.16.040 of the Burlingame Municipal Code. (b) Upon submittal, the conceptual design plans for the application shall be referred to 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 28 the professional appointed pursuant to section (3) above for comments regarding conformance with this ordinance. If determined to be helpful by the professional, the professional and a city planning staffmember 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 completed plans 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 ordinance 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 character of the neighborhood; (2) Respect for the parking and garage patterns in the neighborhood; (3) Architectural style and mass and bulk of structure; (4) Interface of the proposed structure with the structures on adjacent properties; and (5) Landscaping and its proportion to mass and bulk of structural components. (e) The applicant shall bear the burden of demonstrating to the satisfaction of the planning commission that the applicant's design and project are consistent with the character of the neighborhood, and in the case of an addition, with the character of the existing structure as remodeled in connection with the addition. The commission may deny, deny without prejudice, approve, or approve with conditions any application presented by applicant. (f) Decisions of the planning commission under this ordinance 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 nal and conclusive in seven (7) 3 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 28 days from the date of the commission decision if no appeal is filed with the city clerk. Section 5. This ordinance shall have the following application: Date of submittal or approval Effect of Ordinance on an of complete building or Status under ordinance Amendment to permit or construction permit or application complete Planningapplication Before March 1, 1998 Exempt from Design Review Subject to Design Review under under this ordinance this ordinance if 1. The permit or application, as amended, involves any construction or addition of any second story or higher; and 2. The amendment would cause to exceed, or if already greater further increase, a gross floor area of 2,700 square feet, and a floor area ratio of 45% on the lot. After March 1, 1998, but before Exempt from Design Review Subject to design Review under 5:00 p.m. on March 16, 1998 under this ordinance this ordinance if: 1. The permit or application, as amended, involves any construction or addition of any second story or higher; 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 iinrlprlxTinaa lication After 5:00 p.m. on March 16, Subject to Design Review Subject to Design Review under 1998 (and other categories under this ordinance if the this ordinance if the application above do not apply) application, involves any involves any construction of or construction of or addition to addition to any second story or any second story or higher higher 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 28 Section 6. This ordinance shall take effect immediately. It shall be effective until October 31, 1998, and automatically be of no further force and effect unless otherwise extended by an ordinance adopted by the Council before that date. Section 7. This ordinance shall be published as r I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced and adopted at a regular meeting of the City Council held on the 20th day of April, 1998, by at least a four-fifths vote as follows: AYES: COUNCILMEMBERS: GALLIGAN, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: JANNEY 7 C:\W P 51 \FILES\ORDINANC\moratorre3 C. pin.wpd 5