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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
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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
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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)
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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
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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
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