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HomeMy WebLinkAboutAgenda Packet - CC - 2007.05.07 The City of Burlingame PUBLIC WORKS DEPARTMENT CITY HALL-501 PRIMROSE ROAD CORPORATION YARD Tel:(650) 558-7230 BURLINGAME,CALIFORNIA 94010-3997 Tel:(650) 558-7670 Fax:(650)685-9310 Joint Meeting with City Council Discussion Items City Hall, 1st Floor, Conference Room A 6:00 pm, Monday, May 7, 2007 AGENDA 1. Broadway corridor crosswalks. (Council) 2. Overnight and Residential Parking Permit system. (TSPC/PD) 3. Limousine and other non-residential vehicles parking in residential neighborhoods. (Council) 4. Funding for Traffic Calming Program. (TSPC) 5. Council expectations of TSPC, re: Commission actions and recommendations. (TSPC) Note: The meeting will ad'ot urn promptly at 7:00 pm. CADocuments and Settings\dmortensen\Local Settings\Temporary Internet Files\0LK13\TSPC Joint Meeting with City Council 05-07-07 Agenda.doc CITY C N 11 BURLINGAME Yffix. ,mh BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 CITY COUNCIL MEETING AGENDA Monday, May 7, 2007 Joint Council and Traffic, Safety & Parking Commission Meeting—6:00 p.m. Conference Room A 1. CALL TO ORDER—7:00 p.m. - Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. APPROVAL OF MINUTES—Regular Council Meeting of April 16, 2007 5. PRESENTATION a. Best of Burlingame Presentation b. Report from Youth Volunteers concerning Downtown Clean Up 6. PUBLIC HEARINGS a. Appeal Hearing of Planning Commission's approval of an application for design review and special permits for a new two-story single family dwelling and detached garage at 2212 Hillside Drive b. Introduction of and Public Hearing on an Ordinance to amend Title 22 of the Municipal Code to update the sign regulations c. Adopt Ordinance establishing the Community Development Department and making conforming changes to the Municipal Code 7. PUBLIC COMMENTS—At this time,persons in the audience may speak on any item on the agenda or any other matter within the jurisdiction of the Council. The Ralph M.Brown Act(the State local agency open meeting law)prohibits Council from acting on any matter that is not on the agenda. Speakers are requested to fill out a"request to speak"card located on the table by the door and hand it to staff. The Mayor may limit speakers to three minutes each. 1 8. STAFF REPORTS AND COMMUNICATIONS a. Eucalyptus tree at 1800 Easton Drive—DIRECTION b. Introduce Ordinance affirming Ordinance No. 1800 to specify that alterations to an entire building are to be considered when calculating a requirement to install sprinklers, rather than a single premise —INTRODUCE c. Consider appointment to Planning Commission—APPOINT d. Adopt Resolution revising procedures for appointments to City Commissions and Boards DIscuss/DIRECT e. Library Board of Trustees vacancies - Discuss/DIRECT 9. APPROVAL OF CONSENT CALENDAR a. Adopt a Resolution amending the City's Master Schedule authorizing a one (1) year records retention period for digitally recorded Police Department bookings that are placed on DVD's b. Request for out of state travel of Fire Marshall and Fire Prevention Officer to attend code hearings in Rochester, New York c. Approve Resolution affirming use of a Master Bond or Insurance Policy for City Officers d. Acceptance of installed scoreboard by Burlingame Youth Baseball Association and the International Brotherhood of Electrical Workers for use at Bayside Park 10. COUNCIL COMMITTEE REPORTS 11. PUBLIC COMMENTS—At this time,persons in the audience may speak on any item on the agenda or any other matter within the jurisdiction of the Council. The Ralph M.Brown Act(the State local agency open meeting law)prohibits Council from acting on any matter that is not on the agenda. Speakers are requested to fill out a"request to speak"card located on the table by the door and hand it to staff. The Mayor may limit speakers to three minutes each. 12. OLD BUSINESS 13. NEW BUSINESS a. Schedule Town Hall Meeting concerning Civic Engagement 14. ACKNOWLEDGMENTS a. Commission Minutes: Planning, April 23, 2007 b. Department Reports: Finance, March 2007; Building, April, 2007 c. Three letters from Comcast concerning programming adjustments 15. ADJOURNMENT TO CLOSED SESSION 2 CLOSED SESSION a. Pending Litigation (Government Code § 54956.9(a)): Aerobay Office Park vs. City of Burlingame, San Mateo Superior Court Case No. CIV 457326 b. Threatened Litigation (Government Code § 54956.9(b)(1), (3)(C)): Claim of Janet and Winsor Cheston 16. ADJOURNMENT Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at 650 558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk's office,City Hall,501 Primrose Road, from 8:00 a.m.to 5:00 p.m.before the meeting and at the meeting. Visit the City's website at www.burlingame.org. Agendas and minutes are available at this site. NEXT MEETING—MONDAY, MAY 21, 2007 3 CITY 0 BURLINGAME Y-115- . BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of April 16, 2007 1. CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. Mayor Terry Nagel called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Richard Terrones. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Cohen, Keighran,Nagel, O'Mahony COUNCILMEMBERS ABSENT: None 4. MINUTES Councilwoman Baylock made a motion to approve the minutes of the April 2, 2007 regular Council meeting; seconded by Vice Mayor O'Mahony. The motion was approved by voice vote, 4-0-1 (Keighran abstained). 5. PRESENTATIONS a. BEST OF BURLINGAME AWARD Mayor Nagel presented The Studio Shop with the Best of Burlingame award. John and Martha Benson have been giving back to Burlingame ever since they bought The Studio Shop in 1955 from a family who started it in 1915. It is the oldest retail establishment in Burlingame. The Bensons were selected as Burlingame "Citizens of the Year"in 1989 for their many contributions to the community. The current owners of The Studio Shop are Janet Benson Martin and Carl Martin,who both grew up in Burlingame. Now they have children of their own in Burlingame; and The Studio Shop continues to donate generously to numerous local organizations. "My parents were great role models,"Janet said, "teaching us by example about giving back to the community you live in. We feel that being in a community includes giving back to that community that has taken such good care of us and our family. Burlingame raised both Carl and me and is helping to raise our sons." b. PROCLAMATION RECOGNIZING WEST NILE VIRUS AND MOSQUITO VECTOR CONTROL AWARENESS WEEK As Burlingame's representative to the San Mateo County Mosquito Abatement District, Dennis Preger accepted a proclamation from Mayor Nagel declaring the week of April 23 through April 29, 2007, as West 1 Burlingame City Council April 16,2007 Unapproved Minutes Nile Virus and Mosquito and Vector Control Awareness Week. Mr. Preger introduced Bob Gay, District Manager, who advised that mosquito abatement in Burlingame started in 1914 and became one of the first districts to be certified in the state. Last year there were no human cases in San Mateo County of West Nile Virus due to their control of mosquitoes. They currently test 20,000 mosquitoes for the virus and 1200 ticks for Lyme Disease on a yearly basis. C. KEY INDICATORS FOR HUMAN RESOURCES HRD Dolan presented an overview of the key indicators for the Human Resources Department. HR Specialist Lisa Zarubin provided an overview of the employees' Quality of Work Life Committee. d. HISTORICAL MUSEUM STRUCTURAL REPORT AND FUTURE VISION AT BURLINGAME TRAIN STATION Councilman Cohen stated that previously, the City of Burlingame provided the Burlingame Historical Society with a matching grant for a Historic Structures Report of the future museum site, the Burlingame Train Station. Architect Michael Garavaglia presented the report. He stated that the building is one of the oldest mission style structures anywhere and overall, is in good condition. The building is in need of some maintenance repairs and recommends needed seismic stability, disabled access, and limited structural changes to accommodate museum use. The building's roof tiles are significant because some of them are from Mission San Antonio De Padua dating back to the late 1700's. Architect and Burlingame Planning Commissioner Richard Terrones spoke on the Burlingame Historical Society's vision for a museum that will attract young and old, alike. He provided an overview of proposed concepts and development of the museum. The estimated cost is about $1 million for the construction. The projected opening of the museum is in the fall 2007. 6. PUBLIC HEARINGS a. PUBLIC HEARING AND ADOPTION OF BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT ASSESSMENTS FOR FY 2007/08 FinDir Nava reviewed the staff report and requested Council to hold a public hearing and adopt Resolution No. 34-2007 setting 2007-08 assessments for the Broadway Area Business Improvement District. Mayor Nagel opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilwoman Baylock made a motion to adopt Resolution No. 34-2007 establishing 2007-08 assessments for the Broadway Area Business Improvement District; seconded by Councilman Cohen. The motion was approved unanimously by voice vote, 5-0. b. (i) REVIEW OF PLANNING COMMISSION'S APPROVAL OF AN APPLICATION FOR MITIGATED NEGATIVE DECLARATION, DESIGN REVIEW, CONDOMINIUM PERMIT, FRONT SETBACK VARIANCE AND CONDITIONAL USE PERMITS FOR HEIGHT AND LOT COVERAGE FOR A NEW SEVEN-STORY, 25-UNIT RESIDENTIAL CONDOMINIUM, AND (ii) TENTATIVE CONDOMINIUM MAP FOR A 25-UNIT CONDOMINIUM AT 1800 TROUSDALE DRIVE—0.503 ACRE PORTION OF BLOCK 7, MAP OF MILLS ESTATE NO. 3 SUBDIVISION, PM 06-01 2 Burlingame City Council April 16,2007 Unapproved Minutes CP Monroe reviewed the staff report and requested Council to hold a public hearing and take action. Mayor Nagel opened the public hearing. Rita Munoz-Boyle of Dan Ionescu Architects &Planners represented the applicant. The following citizens spoke: Alex Bauer, 1135 Eastmoor Road, and Pat Giorni, 1445 Balboa Avenue. There were no further comments from the floor, and the hearing was closed. Councilwoman Baylock commented that this is the first large project in the new North Burlingame Specific Plan area and that this project incorporates what was envisioned for the plan. Councilwoman Baylock requested the addition of a condition requiring the street trees be red oak. Councilwoman Baylock made a motion to approve Resolution No. 35-2007 approving Mitigated Negative Declaration, Design Review, Residential Condominium Permit, Front Setback Variance and Conditional Use Permits for height and lot coverage and the addition of a condition requiring the street trees be red oak; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0. Councilwoman Baylock made a motion to approve the Tentative Condominium Map for a 25-unit condominium at 1800 Trousdale Drive; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0. C. RESOLUTION NO. 33-2007 OF THE BURLINGAME CITY COUNCIL APPROVING THE MASTER FEE SCHEDULE FOR CITY SERVICES FOR FY 2007-08 FinDir Nava reviewed the staff report and requested Council hold a public hearing and approve the resolution implementing adjustments to the City of Burlingame's Master Fee Schedule for FY 2007-08. Mayor Nagel opened the public hearing. Pat Giorni, 1445 Balboa Avenue, spoke. There were no further comments from the floor, and the hearing was closed. Vice Mayor O'Mahony made a motion to approve Resolution No. 33-2007 approving 2007 Master Fee Schedule for City Services; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. d. ADOPT ORDINANCE NO. 1805 FOR REVISIONS TO FEES FOR WATER SERVICE (WATER SERVICES AND METER INSTALLATIONS) DPW Bagdon reviewed the staff report and requested Council hold a public hearing and adopt an ordinance revising fees for water service. Mayor Nagel opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilwoman Baylock made a motion to adopt Ordinance No. 1805 adopting revisions to installation fees for water service; seconded by Councilman Cohen. The motion was approved unanimously by voice vote, 5-0. Mayor Nagel directed CC Mortensen to publish a summary of the ordinance within 15 days of adoption. 3 Burlingame City Council April 16,2007 Unapproved Minutes 7. PUBLIC COMMENTS Pat Giorni, 1445 Balboa Avenue, spoke on public access television and spoke on the City's bicycle committee. There were no further comments from the floor. 8. STAFF REPORTS AND COMMUNICATIONS a. INTRODUCE ORDINANCE ESTABLISHING THE COMMUNITY DEVELOPMENT DEPARTMENT AND MAKING CONFORMING CHANGES TO THE MUNICIPAL CODE CM Nantell reviewed the staff report and requested Council introduce an ordinance establishing the Community Development Department and making conforming changes to the Municipal Code. Mayor Nagel requested CC Mortensen read the title of the proposed ordinance establishing the Community Development Department and making conforming changes to the Municipal Code. Vice Mayor O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. Councilwoman Baylock made a motion to introduce the proposed ordinance; seconded by Vice Mayor O'Mahony. The motion was approved unanimously by voice vote, 5-0. Mayor Nagel requested CC Mortensen publish a summary of the proposed ordinance at least five days before proposed adoption. b. POLICY ISSUES FOR CITIZENS SURVEY CM Nantell reviewed the staff report requesting Council direction as to the selection of three policy issue questions they would like to include in the Citizens Survey that will be conducted this spring. After Council discussion of the questions proposed, the majority preferred Item 4. on Neighborhood Traffic, and Item 3.b. on Public Information. CM Nantell advised that staff would return on April 18 for Council approval of a third policy question on environmental (green) issues. 9. CONSENT CALENDAR Mayor Nagel requested removal of Item 9.d. from the Consent Calendar for further discussion. a. RESOLUTION NO. 32-2007 ACCEPTING MILLS TANK RETROFIT PROJECT BY ANDERSON-PACIFIC ENGINEERING CONSTRUCTION DPW Bagdon requested Council approval of Resolution No. 32-2007 accepting improvements of the Mills Tank Seismic Retrofit Project by Anderson-Pacific Engineering Construction, City Project No. 80950. b. RESOLUTION NO. 31-2007 APPROVING PROFESSIONAL SERVICES AGREEMENT WITH METCALF& EDDY FOR THE TROUSDALE PUMP STATION SUPPLY PIPELINE DESIGN, CITY PROJECT NO. 80910 DPW Bagdon requested Council approval of Resolution No. 31-2007 authorizing execution of agreement for professional services with Metcalf& Eddy for the Trousdale Pump Station Supply Pipeline Design, City Project No. 80910. 4 Burlingame City Council April 16,2007 Unapproved Minutes C. APPROVAL OF RESOLUTION NO. 30-2007 AUTHORIZING CONTINUED PARTICIPATION IN THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY(C/CAG) AND APPROVAL OF THE JOINT POWERS AGREEMENT DPW Bagdon requested Council approval of Resolution No. 30-2007 authorizing continued participation in the City/County Association of Governments of San Mateo County(C/CAG) and approval of the Joint Powers Agreement and authorizing the Mayor to execute the Joint Powers Agreement. e. RECOMMENDATION TO ADOPT THE REVISED 2007 CITY COUNCIL CALENDAR CC Mortensen requested Council approve the Revised 2007 Burlingame City Council Calendar reflecting the cancellation of the July 2nd and August 6th regular City Council meetings, the addition of two Joint City Council meetings on May 7th and June 18th, and the new date for the Joint Council and Chamber of Commerce meeting of May 21St E APPOINTMENT OF COUNCIL MEMBER TO BAWSCA BOARD OF DIRECTORS AND BAY AREA REGIONAL WATER SYSTEM FINANCING AUTHORITY (RFA) CM Nantell requested Council appoint Vice Mayor O'Mahony to a second four-year term as a member of the Bay Area Water Supply and Conservation Agency(BAWSCA) Board of Directors and the Bay Area Regional Water System Financing Authority(RFA). g. WARRANTS AND PAYROLL FinDir Nava requested approval for payment of Warrants#24398-24879 duly audited, in the amount of $1,934,067.36 (excluding Library checks #24579-24619); Payroll checks #168107-168319 in the amount of $2,305,165.63 for the month of March 2007. Councilwoman Baylock made a motion to approve Items a., b., c., e., f., and g. of the Consent Calendar; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0. d. AWARD CONTRACT TO KEVIN GARDINER& ASSOCIATES FOR PREPARATION OF THE DOWNTOWN SPECIFIC PLAN Mayor Nagel requested a timeline of the Downtown Specific Plan Program. CP Monroe advised that this program includes a citizen advisory committee and a series of workshops and public meetings. The first part of the program, from now until September, is the time period for background work. The public participation program will begin in September with one public meeting to be held each month through December. The citizen advisory committee meetings will be held during the same time period. There is a public workshop in January, a Joint Study Session with Council and the Planning Commission in January, a citizen advisory committee meeting in March, a Planning Commission study meeting in March, and a public review meeting in mid-March. From January to July, suggested alternatives will be sorted out; and a plan will be devised. The plan adoption process should start after July 2008. Councilwoman Keighran made a motion to approve Resolution No. 29-2007 approving agreement with Kevin Gardiner &Associates to prepare a specific plan for the Burlingame Avenue Commercial Area and authorizing the City Manager to execute the agreement on behalf of the City; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. 5 Burlingame City Council April 16,2007 Unapproved Minutes After Councilwoman Baylock stated that concerned citizens were in attendance awaiting Council's decision to set an appeal hearing date on 2212 Hillside Drive, Mayor Nagel moved to New Business, Item 13. 13. NEW BUSINESS Council set May 7, 2007, as the hearing date for the Planning Commission appeal of 2212 Hillside Drive. Councilman Cohen commented on Council's right to review issues. Councilman Cohen suggested adding a provision for community grants that recipients report back on how the grant money was spent. 10. COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings each of them attended on behalf of the City. 11. PUBLIC COMMENTS Pat Giorni, 1445 Balboa Avenue, spoke on Caltrain. There were no further comments from the floor. 12. OLD BUSINESS Mayor Nagel requested scheduling a Town Hall meeting on civic engagement. The Council subcommittee will set a date. DPW Bagdon presented the new environmental (green) question for the Citizens Survey as previously discussed in Item 8.b. as follows: "The city should support environmentally friendly(green) measures, such as purchasing hybrid vehicles for the city fleet or installing solar panels on city buildings, even if the cost exceeds the projected savings: strongly agree, agree, disagree, strongly disagree or unsure." Council agreed to the addition of this question to the survey. 14. ACKNOWLEDGMENTS a. Commission Minutes: Beautification, April 5, 2007; Planning, April 9, 2007 b. Department Reports: Building, March 2007 15. ADJOURNMENT TO CLOSED SESSION Mayor Nagel adjourned the meeting to Closed Session at 10:30 p.m. CLOSED SESSION CA Anderson advised that Council met in closed session and directed staff regarding the following: a. Threatened Litigation (Government Code § 54956.9(b)(1), (3)(C)): Claim of Joseph Bronzini 6 Burlingame City Council April 16,2007 Unapproved Minutes b. Conference with Real Property Negotiators pursuant to Government Code § 54956.8: Property: Frontage Road along El Camino Real in front of 1766 El Camino Real Agency negotiators: Jim Nantell, Meg Monroe, Larry Anderson Negotiating parties: Certosa, Inc. Under negotiation: Exchange of property 16. ADJOURNMENT Mayor Nagel adjourned the meeting at 10:55 p.m. Respectfully submitted, Doris J. Mortensen City Clerk 7 Burlingame City Council April 16, 2007 Unapproved Minutes of Buringq 'le BURLINGAME Bobbi Benson IS HEREBY PROCLAIMED ONE OF THE FOR PROVIDING OUTSTANDING COMMUNITY SERVICE IhRRY NACEL,MAYOR STAFF REPORT BURLINGAME AGENDA ITEM # 6a MTG. DATE 5.07.07 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED G BY DATE: April 24, 2007 APPROVED FROM: CITY PLANNER BY ;J SUBJECT: APPEAL OF THE PLANNING COMMISSION'S APVWVAL OF AN APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMITS FOR A NEW TWO-STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE AT 2212 HILLSIDE DRIVE, ZONED R-1. Action: City Council should hold a public hearing and take action. Affirmative action to approve the applicant's request should include findings for each of the requests made and should be taken by resolution. The reasons for any action should be stated clearly for the record. City Council has three action alternatives: a. to uphold the Planning Commission and approve the application; b. to reverse the Planning Commission and deny the application by resolution; or c. to deny the request without prejudice and return it to the Planning Commission with comments. Action alternative descriptions and the criteria for finding for each action required are included at the end of the staff report. Conditions on the project considered by the Planning Commission: 1 . that the project shall be built as shown on the plans submitted to the Planning Department date stamped March 14, 2007, sheets DD-1 through DD-7.0; that any changes to building materials, exterior finishes, footprint or floor area of the building shall require an amendment to this permit; that the spiral staircase from the sunken garden shall be eliminated and replaced with a ladder per California Building Code requirements; and that the only lighting along the left side shall be landscape lighting directed to the ground, with the cone of light kept on the site as required in the Burlingame Ordinance; 2. that any street tree roots of one inch diameter or larger that are encountered during installation of the new sidewalk and driveway are not to be damaged or cut prior to inspection and approval by the City Arborist or the Park Department Supervisor; 3. that all windows shall be simulated true divided lite windows with a grid pattern and these windows shall be reviewed by the Planning Commission as an FYI item before issuance of a building permit; 4. that an automatic gate shall be installed in the driveway a minimum 20'-0' back from the front property line; 5. that all skylights shall be tinted to reduce night glare; Appeal of the Planning Commission's Approval of an Application for Design Review and Special Permits for a New Two-Story Single Family Dwelling and Detached Garage at 2212 Hillside Drive,Zoned R-1. May 7,2007 6. that the property owner shall be responsible for implementing and maintaining all tree protection measures as defined in the arborist report prepared by Arborlogic Consulting Arborists, dated August 3, 2006; 7. that the conditions of the City Arborist's March 21, 2007 memo, the Chief Building Official's November 27, 2006 memo, the City Engineer's November 27, 2006 memo, the Fire Marshal's November 29, 2006 memo, the Recycling Specialist's November 27, 2006 memo, and the NPDES Coordinator's June 12, 2006 memo shall be met; 8. that demolition for removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 9. that any changes to the size or envelope of the basement, first or second floors, or garage, which would include adding or enlarging a dormer(s), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to Planning Commission review; 10. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners and set the building footprint; 11. that prior to underfloor frame inspection the surveyor shall certify the first floor elevation of the new structure(s) and the various surveys shall be accepted by the City Engineer; 12. that prior to scheduling the framing inspection, the project architect, engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury. Certifications shall be submitted to the Building Department; 13. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Department; 14. that prior to final inspection, Planning Department staff shall inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans; 15. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single termination and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 16. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 Edition, as amended by the City of Burlingame; 17. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; -2- Appeal of the Planning Commission's Approval of an Application for Design Review and Special Permits for a New Two-Story Single Family Dwelling and Detached Garage at 2212 Hillside Drive,Zoned R-1. May 7,2007 18. that during demolition of the existing residence, site preparation and construction of the new residence, the applicant shall use all applicable "best management practices" as identified in Burlingame's Storm Water Ordinance, to prevent erosion and off-site sedimentation of storm water runoff, 19. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; and 20. that the project is subject to the state-mandated water conservation program, and a complete Irrigation Water Management Plan must be submitted with landscape and irrigation plans at time of permit application. Planning Commission Action: At their meeting on March 26, 2007, the Planning Commission held a public hearing and voted 4-0-1-2 (C. Brownrigg dissenting; Cers. Cauchi and Osterling absent) on a voice vote to approve the applicant's request for design review and special permits for basement ceiling height and direct exit from a basement to build a new two-story house and detached garage at 1524 Vancouver Avenue. In their action, the Commissioners noted that three conditions should be added: that simulated true divided lite windows on a grid pattern be used throughout the house, that the spiral staircase out of the sunken garden be eliminated and replaced with a ladder per California Building Code requirements, and that the only lighting on the left side of the house shall be landscape lighting directed to the ground. In their findings the Commissioners noted: proposal has been revised based on the previous comments made by the Commission, including changes to the architectural details, windows, roof configuration, eave and rooflines. On January 7, 2007, the Planning Commission reviewed a previous version of this project and voted to deny the project without prejudice, with direction given to the applicant. The applicant chose to consult with a design reviewer to assist in addressing the Commission's comments. In his comments on the revised project reviewed by the Planning Commission on March 26, 2007, the design reviewer notes that that there have been a series of changes to the roof shape plate heights and elevation that contributed to improving the design. In addition, the proposed depressed court provides a niche in the building which reduces the mass to the neighbors, and the proposed sump pump has been relocated to the inside of the main dwelling to address concerns with noise. BACKGROUND: The existing one-and-a-half story house and attached garage will be demolished. The applicant is proposing to build a new, two-story dwelling with a basement and detached garage. The proposed house and detached garage will have a total floor area of 3,242 SF (0.54 FAR) where 3,248 SF (0.54 FAR) is the maximum allowed. The proposed project is 6 SF below the maximum allowed FAR. The applicant is proposing a 693 SF habitable basement area proposed to be used as a recreation room. This area meets the code definition of a basement (no more than 2 feet of any portion of the basement's height is above the existing grade next to the basement) and no part of the basement is intended or used for parking, so that up to 700 SF of the area is exempt from F.A.R. calculations. However, the proposed basement has an 8'- 6" interior ceiling height and any basement ceiling height of 6 %2 feet or greater requires a special permit. The applicant is requesting the following: ■ Design review for a new, two story single family dwelling and detached garage (C.S. 25.57.010, a, 1); -3- Appeal of the Planning Commission's Approval of an Application for Design Review and Special Permits for a New Two-Story Single Family Dwelling and Detached Garage at 2212 Hillside Drive,Zoned R-1. May 7,2007 ■ Special permit for basement interior ceiling height greater than 6 % feet (8'-6" ceiling height proposed) (C.S. 25.28.035, 0; and ■ Special permit for a direct exit from a basement to the exterior of the structure that is anything other than a light or window well (stairway proposed) (CS 25.28.035, g). The project includes a detached garage (228 SF) which provides one covered parking space for the proposed four-bedroom house. There is one uncovered parking space (9' x 20') provided in the driveway. All other zoning code requirements have been met. The applicant is proposing to change the driveway location from the left side of the property to the right side. The City Arborist has visited the site and reviewed the plans for the proposed driveway cut to evaluate any impact on the existing Magnolia tree in the city right-of-way, approximately 4'-0" from the proposed driveway, and to evaluate impacts on the existing protected-size Elm tree at the rear, left side of the property (see City Arborist comments dated December 15 and October 17, 2006). A Tree Assessment Report, prepared by James Lascot of Arborlogic Consulting Arborists, was submitted which assesses the existing trees on the property and in the city right-of-way. The City Arborist reviewed and accepted the report. Regarding the two existing Magnolia street trees, the City Arborist previously recommended removing these two trees because of poor condition. However, it is the applicant's desire to retain the Magnolia trees and therefore he requested that the City Arborist review their condition with respect to the new sidewalk configuration and driveway location. The existing driveway, which is straight and has a low spot in front of this property, will be replaced as part of the project. The new sidewalk will curve around the Magnolia trees and will be installed at a higher elevation to eliminate the low spot (see revised site plan and landscape plan). The new sidewalk's curved configuration and higher elevation will provide better conditions for the root system. The City Arborist reviewed the site conditions and revised plans and accepted the sidewalk and driveway apron configuration. As proposed, the new driveway apron will be located at an acceptable distance from the existing Magnolia tree. However, in his memo dated March 21, 2007, he notes that any street tree roots of one inch diameter or larger that are encountered during installation of the new sidewalk and driveway are not to be damaged or cut prior to inspection and approval by the City Arborist or the Park Department Supervisor. This has been added as a condition of approval. Neighbor Comments at the Planning Commission Public Hearing At the Planning Commission meeting on March 26, 2007, neighbors spoke about the proposed project noting: expressed a preference for an attached garage to continue the pattern on the block which leaves a beautiful green belt behind all properties on the block, concern with noise from the basement, the metal circular stairs which abut the side yard next to their property and the sunken garden; concerned with lights mounted on the side of the house to illuminate the side yard and potential for the light to shine on neighboring property. Staff Comments See attached. Delores and Dennis Huajardo, next door property owners at 1400 Columbus Avenue, submitted a letter expressing their concerns with the previously proposed project, dated October 23, 2006. Mr. and Mrs. Huajardo also submitted a letter dated December 11, 2006, addressing concerns with the current revised design(plans date stamped March 14, 2007). -4- Appeal of the Planning Commission's Approval of an Application for Design Review and Special Permits for a New Two-Story Single Family Dwelling and Detached Garage at 2212 Hillside Drive,Zoned R-1. May 7,2007 Environmental Review Status The proposed project is categorically exempt from the California Environmental Quality Act. CEQA Article 19. Categorically Exempt per Section: 15303, Class 3 — (a) construction of a limited number of new, small facilities or structures including (a) one single family residence or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences maybe constructed or converted under this exemption. ATTACHMENTS: Action Alternatives and Design Review and Special Permit Criteria Delores and Dennis Huajardo letter, April 3, 2007 requesting appeal hearing. Planning Commission Minutes, March 26, 2007 Planning Commission Staff Report with attachments City Council Resolution Notice of Appeal Hearing, Mailed April 27, 2007 -5- 2212 HILLSIDE DRIVE Action Alternatives and Finding Criteria ACTION ALTERNATIVES 1. City council may vote in favor of an applicant's request. If the action is a variance,use permit,hillside area construction permit, fence exception, sign exception or exception to the antenna ordinance, the Council must make findings as required by the code. Findings must be particular to the given properties and request. Actions on use permits should be by resolution. A majority of the Council members seated during the public hearing must agree in order to pass an affirmative motion. 2. City Council may deny an applicant's request. The reasons for denial should be clearly stated for the record. 3. City Council may deny a request without prejudice. This action should be used when the application made to the City Council is not the same as that heard by the Planning Commission;when a Planning Commission action has been justifiably,with clear direction, denied without prejudice; or when the proposed project raises questions or issues on which the Council would like additional information or additional design work before acting on the project. Direction about additional information required to be given to staff, applicant and Planning Commission/City Council for the further consideration should be made very clear. Council should also direct whether any subsequent hearing should be held before the City Council or the Planning Commission. DESIGN REVIEW CRITERIA(C.S. 25.28.040) The criteria for design review as established in Ordinance No 1591 adopted by the Council on April 20, 1998 are as follows: 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. SPECIAL PERMIT CRITERIA(C.S. 25.28.035) The planning commission may grant a special permit in accord with this title if, from the applicant and the facts presented at the public hearing, it finds: (a) the blend of mass, scale and dominant structural characteristics of the new construction or additional are consistent with the existing structure and with the existing street and neighborhood; (b) The variety of roof line, facade, exterior finish material and elevations of the proposed new structure or addition are consistent with the existing structure, street and neighborhood; (c) The proposed project is consistent with the residential design guidelines adopted by the city; and (d) Removal of any trees located within the footprint of any new structure or addition is necessary and is consistent with the city's reforestation requirements, and the mitigation for the removal that is proposed is appropriate. �"' S.•IREPORTYCC Staff'Reports&Action AlternativeslAction Alt 2212 Hillside.doc 1400 Columbus Avenue W _ Burlingame, CA 94010 3 April 2007 " Burlingame City Council Members c/o City Clerk Doris Mortensen. Cathy Baylock, Russ Cohen, Ann Keighran, Terry Nagel, Rosalie O'Mahony, We respectfully request the Council to set an appeal date for a hearing regarding the proposed construction of an R 1 duelling by Kendr ick Li for 2212 Hillside Drive. ( FYI: Mr. Liu has previously developed and constructed a Burlingame home at 715 Howard Avenue.) Enclosed please find $270 to facilitate this appeal. Honorable Mayor & City Council Very truly yours, Please schedule an appeal hear' _ for 2212 Hill5id8, Drive to be heard at the May 7, 2007 Council i, L Delores and Dennis Huaaardo meeting. Clerk RECEIVED APR - 4 2007 CITY OF BUPJ!INGAME PLANNING LIEPTI. City of Burlingame Planning Commission Minutes March 26, 2007 4. 2212 HILLSIDE DRIVE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMITS FOR A NEW, TWO-STORY SINGLE FAMILY DWELLING WITH A BASEMENT AND DETACHED GARAGE (BEN BEHRAVESH, APPLICANT AND ARCHITECT; KENDRICK LI, PROPERTY OWNER) (63 NOTICED) PROJECT PLANNER: RUBEN HURIN Reference staff report March 26, 2007, with attachments. ZT Strohmeier presented the report, reviewed criteria and staff comments. Twenty(20) conditions were suggested for consideration. Chair Brownrigg opened the public hearing. Kendrick Li,applicant and property owner,Ben Behravesh,4 W. Santa Inez Ave San Mateo,architect;Dennis and Delores Huajardo, 1400 Columbus Avenue;Pat Giorni, 1445 Balboa Avenue,spoke. Issues noted: applicant volunteered to go to a design review consultant;wood headers missing over five windows along left elevation; headers over arched windows will be made of stucco; decorative railing; more traditional to have simulated true divided lite windows; site design; spiral staircase used to exit the sunken garden area; lights mounted on outside of house; greenbelt of backyards; detached garage verses a sunken attached garage; privacy tree hedge; noise from basement and sunken garden; large houses and maximum allowable FAR; basement used as fifth bedroom or second unit; City infrastructure supporting sump pumps;a drainage plan;not required to have a basement,but required to have a second exit from a basement; and great house,but on wrong lot. The public hearing was closed. C. Deal moved to approve the application,by resolution,with added conditions that simulated true divided lite windows on a grid pattern be used throughout the house,to be reviewed by the Planning Commission as an FYI item; that the spiral staircase out of the sunken garden be eliminated and replaced with a ladder per California Building Code requirements; and that the only lighting on the left side shall be landscape lighting directed to the ground, and with the conditions in the staff report: (1) that the project shall be built as shown on the plans submitted to the Planning Department date stamped March 14, 2007, sheets DD-1 through DD-7.0; that any changes to building materials, exterior finishes, footprint or floor area of the building shall require an amendment to this permit; that the spiral staircase from the sunken garden shall be eliminated and replaced with a ladder per California Building Code requirements; and that the only lighting along the left side shall be landscape lighting directed to the ground, with the cone of light kept on the site as required in the Burlingame Ordinance; (2) that any street tree roots of one inch diameter or larger that are encountered during installation of the new sidewalk and driveway are not to be damaged or cut prior to inspection and approval by the City Arborist or the Park Department Supervisor; (3) that all windows shall be simulated true divided lite windows with a grid pattern and these windows shall be reviewed by the Planning Commission as an FYI item before issuance of a building permit; (4) that an automatic gate shall be installed in the driveway a minimum 20'-0'back from the front property line; (5) that all skylights shall be tinted to reduce night glare; (6) that the property owner shall be responsible for implementing and maintaining all tree protection measures as defined in the arborist report prepared by Arborlogic Consulting Arborists, dated August 3, 2006; (7) that the conditions of the City Arborist's March 21, 2007 memo, the Chief Building Official's November 27, 2006 memo, the City Engineer's November 27, 2006 memo, the Fire Marshal's November 29, 2006 memo, the Recycling Specialist's November 27,2006 memo,and the NPDES Coordinator's June 12,2006 memo shall be met; (8) that demolition for removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; (9) that any changes to the size or envelope of the basement, first or second floors, or garage, which would include adding or enlarging a dormer(s), moving or changing windows and architectural features or changing the roof height or pitch,shall be subject to Planning Commission review; (10) that prior to scheduling the foundation inspection a licensed surveyor 6 City of Burlingame Planning Commission Minutes March 26, 2007 shall locate the property corners and set the building footprint; (11) that prior to underfloor frame inspection the surveyor shall certify the first floor elevation of the new structure(s)and the various surveys--1 shall be accepted by the City Engineer; (12) that prior to scheduling the framing inspection, the projec, architect,engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury. Certifications shall be submitted to the Building Department; (13) that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Department; (14) that prior to final inspection, Planning Department staff shall inspect and note compliance of the architectural details(trim materials,window type, etc.) to verify that the project has been built according to the approved Planning and Building plans; (15) that all air ducts,plumbing vents, and flues shall be combined,where possible,to a single termination and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; (16) that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 Edition, as amended by the City of Burlingame; (17) that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition,new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements;any partial or full demolition of a structure,interior or exterior,shall require a demolition permit; (18) that during demolition of the existing residence,site preparation and construction of the new residence,the applicant shall use all applicable"best management practices" as identified in Burlingame's Storm Water Ordinance,to prevent erosion and off-site sedimentation of storm water runoff; (19) that the applicant shall comply with Ordinance 1503,the City of Burlingame Storm Water Management and Discharge Control Ordinance; and (20) that the project is subject to the state-mandated water conservation program, and a complete Irrigation Water Management --� Plan must be submitted with landscape and irrigation plans at time of permit application. The motion was seconded by C. Vistica. Chair Brownrigg called for a roll call vote on the motion to approve the proposed project with the added conditions. The motion passed on a 4-1-2(C.Brownrigg dissenting,Cers. Cauchi and Osterling absent)roll call vote. Appeal procedures were advised. This item concluded at 9:30 p.m. 5. 1318 BENITO AVENUE,ZONED R-1 —APPLICATION FOR AMENDMENT TO DESIGN REVIEW AND SPECIAL PERMIT FOR BUILDING HEIGHT FOR A CHANGE TO A PREVIOUSLY APPROVED FIRST AND SECOND STORY ADDITION (FRANK PRENDERGAST, APPLICANT AND ARCHITECT; PIERRE AND CAROL UHARRIET,PROPERTY OWNERS)(57 NOTICED)PROJECT PLANNER: RUBEN HURIN Reference staff report March 26,2007,with attachments. CP Monroe presented the report,reviewed criteria and staff comments. Eleven(11)conditions were suggested for consideration. Commission asked if there were any changes to the project other than the height, staff responded no. Chair Brownrigg opened the public hearing. Phillip Uharriet,property owners son, and Frank Prendergast, architect, were available to answer questions. The public hearing was closed. C. Deal moved to approve the application, by resolution, with the following conditions: (1) that the project shall be built as shown on the plans submitted to the Planning Department date stamped December 12, 2003, sheets Al through A5 and date stamped March 14, 2007, sheets Al and A4; and that 7 17 RIC"�:,{'���a`., �l 4.� " -. � ':. 1 I''i {3 P ^/4t yy� w;J k N ryF •ar t, _ Vey p.. a a w 'Nam kt � Y Vit, 111P oil a { k 9 .Z s lig d i x r g v` a M� �r at p City of Burlingame Item# Design Review and Special Permits Action Rein --� Address: 2212 Hillside Drive Meeting Date: 3/26/07 Request: Design review and special permits for a new, two-story dwelling with a basement and detached garage. Architect: Ben Behravesh APN: 027-165-100 Applicant and Property Owner: Kendrick Li Lot Area: 6,000 SF General Plan: Low Density Residential Zoning: R-1 CEQA Status: Article 19. Categorically Exempt per Section: 15303, Class 3 — (a) construction of a limited number of new, small facilities or structures including (a) one single family residence or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences maybe constructed or converted under this exemption. History: On October 23, 2006, the Planning Commission reviewed an application for design review and special permits for declining height envelope and basement ceiling height for a new, two-story single family dwelling and detached garage at this site (October 23, 2006, Planning Commission Minutes). The Commission noted numerous concerns with the design and directed that the project be brought back on the regular action calendar with a recommendation for denial with prejudice. For a summary of the concerns, please refer to the October 23, 2006, P.C. Minutes attached to the staff report. After considering the comments and concerns expressed by the Planning Commission, the applicant decided to change the architectural style of the house to a Spanish/Mediterranean design. The redesigned house was reviewed by the Planning Commission at a design review study meeting on December 11, 2006 (December 11, 2006, Planning Commission Minutes). In addition to the changing the architectural style, the applicant also eliminated the special permit for declining height envelope, reduced the second floor plate height from 9'-5" to 8'-2", reduced the overall building height from 26'- 11" to 264", and eliminated the previously proposed Italian Cypress along the left and right side property lines. At the December 11, 2006 meeting, the Commission noted several concerns with the project and placed it on the January 8, 2007 action calendar. On January 8, 2007, the Planning Commission denied this application without prejudice, noting concerns with design, second floor plate height, location of sump pump, landscaping and architectural details (January 8, 2007 Planning Commission Minutes). At the meeting, it was noted that the applicant may voluntarily go to a design review consultant to address the Commission's concerns with the project. The applicant decided to go to a design review consultant. Please refer to the design reviewer's analysis dated March 13, 2007, attached to staff report and summary on pages 3 and 4 of the staff report. The architect submitted revised plans date stamped March 14, 2007, to address the Commission's concerns. Revisions included changes to the architectural details, windows, roof configuration, eave and rooflines. There were no changes made to the footprint or floor area the house and garage. For a more detailed description of the changes,please refer to the design reviewer's analysis and summary on pages 3 and 4 of the staff report. Design Review and Special Permits 2212 Hillside Drive Summary of Current Project (based on revised plans date stamped March 14, 2007): The existing one-and-a-half story house and attached garage will be demolished. The applicant is proposing to build a new, two-story dwelling with a basement and detached garage. The proposed house and detached garage will have a total floor area of 3,242 SF (0.54 FAR) where 3,248 SF (0.54 FAR) is the maximum allowed. The proposed project is 6 SF below the maximum allowed FAR. The applicant is proposing a 693 SF basement area. This area meets the code definition of a basement (no more than 2 feet of any portion of the basement's height is above the existing grade next to the basement) and no part of the basement is intended or used for parking, so that up to 700 SF of the area is exempt from F.A.R. calculations. However, the proposed basement has an 8'-6" interior ceiling height and any basement ceiling height of 6 % feet or greater requires a special permit. The applicant is requesting the following: ■ Design review for a new, two story single family dwelling and detached garage (C.S. 25.57.010, a, 1); ■ Special permit for basement interior ceiling height greater than 6 % feet (8'-6" ceiling height proposed) (C.S. 25.28.035, f); and ■ Special permit for a direct exit from a basement to the exterior of the structure that is anything other than a light or window well (stairway proposed) (CS 25.28.035, g). The project includes a detached garage (228 SF) which provides one covered parking space for the proposed four-bedroom house. There is one uncovered parking space (9' x 20') provided in the driveway. All other zoning code requirements have been met. The applicant is proposing to change the driveway location from the left side of the property to the right side. The City Arborist has visited the site and reviewed the plans for the proposed driveway cut to evaluate any impact to the existing Magnolia tree in the city right-of-way, approximately 4'-0" from the proposed driveway, and to evaluate the existing protected-size Elm tree at the rear, left side of the property(see City Arborist comments dated December 15 and October 17, 2006). A Tree Assessment Report, prepared by James Lascot of Arborlogic Consulting Arborists, was submitted to assess the existing trees on the property and in the city right-of-way. The City Arborist reviewed and accepted the report. Regarding the two existing Magnolia street trees, the City Arborist previously recommended removing these two trees because of poor condition. However, the applicant's desire was to retain the Magnolia trees and therefore requested that the City Arborist review their condition with respect to the new sidewalk configuration and driveway. The existing driveway, which is straight and has a low spot in front of this property, will be replaced as part of the project. The new sidewalk will curve around the Magonlia trees and will be installed at a higher elevation to eliminate the low spot (see revised site plan and landscape plan). The new sidewalk's curved configuration and higher elevation will provide a better condition for the root system. The City Arborist reviewed the site conditions and revised plans � 2 Design Review and Special Permits 2212 Hillside Drive -� and accepted the sidewalk and driveway apron configuration. As proposed, the new driveway apron will be located at an acceptable distance from the existing Magnolia tree. However, in his memo dated March 21, 2007, he notes that any street tree roots of one inch diameter or larger that are encountered during installation of the new sidewalk and driveway are not to be damaged or cut prior to inspection and approval by the City Arborist or the Park Department Supervisor. This has been added as a condition of approval. 2212 Hillside Drive Lot Area: 6000 SF Plans date stamped: March 14, 2007 Proposed Allowed/Required SETBACKS ..---._........_.......................----- -- - ----...—..------... ..__..—. — —_ ..._._... ;----_------ --------...._........_._......... Front(1st flr): 20'-9" 20'-9"block average (2nd flr): 20'-9" I 20'-9" i Side(right): 10'-6" 4'-0" i (left): 4'-0" j 4'-0" Rear(1 st flr): 361-611 15'-0" (2nd flr): 36'-6" 20'-0" Lot Coverage: 2139 SF 2400 SF 36% 40% FAR: 3,242 SF 3,248 SF ' 0.54 FAR 0.54 FAR #of bedrooms: 4 --- Parking: 1 covered 1 covered (10'x 20') (10'x 20') 1 uncovered 1 uncovered (9'x 20') (9'x 20') Height. 26'-4" 30'-0" DHEnvelope: complies CS 25.28.075 Basement: basement with I special permit required basement 8'-6" ceiling i with ceiling greater than 6'-6" Basement Exit: stairway exit from basement' j special permit required for stairway exit from basement ' (0.32 x 6000 SF)+ 1100 SF+228 SF=3,248 SF(0.54 FAR) 2 Special permit for a new basement with an interior ceiling height greater than 6'-6" (8'-6"proposed). 3 Special permit for a direct exit from a basement to the exterior of the structure that is anything other than a light or window well(stairway proposed). 3 Design Review and Special Permits 2212 Hillside Drive Staff Comments: See attached. Delores and Dennis Huajardo, next door property owners at 1400 Columbus Avenue, submitted a letter expressing their concerns with the previously proposed project, dated October 23, 2006. Mr. and Mrs. Huajardo also submitted a letter dated December 11, 2006, addressing concerns with the current design. Analysis and Recommendation by Design Reviewer (based on plans date stamped March 14, 2007): The design reviewer met with the architect and property owner to discuss the Planning Commission's concerns with the project and subsequently reviewed several revisions to the project. In a letter dated March 14, 2007, the reviewer notes that there have been a series of changes to the roof shape, plate heights and elevation that have contributed to improving the design. The roof configuration has been altered from gables to a main hipped roof with gables attached. The reviewer notes that the revised roof configuration cleans up and improves the front elevation by eliminating the three stepped gables and gives a main mass from which the gables extend. Plate heights have been adjusted to provide more interesting elevations, to break up the mass and to provide less of a layer-cake look. The windows have been re-detailed and changed and are now more consistent while providing a variety of shapes and sizes. The reviewer comments that the addition of wood beam headers will improve the look and feel of the house. Some of the round and arched windows were eliminated, however the use of a few round and arched windows adds variety. The reviewer also notes that the wood sided element along the right side of the house can be a nice detail. This elevation has been improved with varying plate heights, changed roof gable, recessed window niche at the dining area and window detailing. With regard to how this project interfaces with the adjacent houses, the design review notes that the driveway proposed along the right side property line and adjacent to the neighboring driveway will provide a wide separation of structures where the massing and wall heights are the greatest. The hipped roof and highest mass has been placed appropriately in the center of the property and seems like the right decision to minimize impacts on neighbors. The reviewer also notes that the court provides a niche in the building which reduces the mass to the neighbors. In addition, the sump pump previously proposed in the sunken garden has been relocated to the inside of the main dwelling to address concerns with noise. The landscape plan has been revised and clarified to show existing and proposed landscaping. The amount of paving in the rear yard has been reduced and an automatic gate has been added as suggested by the Commission. The reviewer suggests that vine pockets or similar landscaping be added along the two-story wall next to the driveway to minimize the effect of the large stucco wall. In conclusion, the design reviewer notes that the applicant has been very cooperative in responding to the suggestions and comments by the Commission and design reviewer. The design reviewer recommends approval of the project with the following suggestions: ■ Add vine pockets or similar landscaping along the two-story wall next to the driveway to soften the stucco wall; 4 Design Review and Special Permits 2212 Hillside Drive ■ Clarify street tree health and whether Magnolias are to remain (existing Magnolia trees are to remain, see discussion on page 2 of staff report); and ■ Verify materials and provide samples of cap and pan tile for roofing. Make sure to provide a color range, flashing or patina to obtain an authentic tile look, rather than uniform color for tiles. Design Review Criteria: The criteria for design review as established in Ordinance No. 1591 adopted by the Council on April 20, 1998 are outlined as follows: 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. Findings for a Special Permit: In order to grant a special permit for basement ceiling height and exit from a basement, the Planning Commission must find that the following conditions exist on the property(Code Section 25.51.020 a-d): (a) The blend of mass, scale and dominant structural characteristics of the new construction or addition are consistent with the existing structure's design and with the existing street and neighborhood; (b) the variety of roof line, facade, exterior finish materials and elevations of the proposed new structure or addition are consistent with the existing structure, street and neighborhood; (c) the proposed project is consistent with the residential design guidelines adopted by the city; and (d) removal of any trees located within the footprint of any new structure or addition is necessary and is consistent with the city's reforestation requirements, and the mitigation for the removal that is proposed is appropriate. 5 Design Review and Special Permits 2212 Hillside Drive Planning Commission Action: The Planning Commission should hold a public hearing. Affirmative action should be by resolution and include findings made for design review and special permit, and the reasons for any action should be clearly stated. At the public hearing the following conditions should be considered: 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped March 14, 2007, sheets DD-1 through DD-7.0, and that any changes to building materials, exterior finishes, footprint or floor area of the building shall require an amendment to this permit; 2. that any street tree roots of one inch diameter or larger that are encountered during installation of the new sidewalk and driveway are not to be damaged or cut prior to inspection and approval by the City Arborist or the Park Department Supervisor; 3. that windows shall be simulated true divided lite; 4. that an automatic gate shall be installed in the driveway a minimum 20'-0' back from the front property line; 5. that all skylights shall be tinted to reduce night glare; �. 6. that the property owner shall be responsible for implementing and maintaining all tree protection measures as defined in the arborist report prepared by Arborlogic Consulting Arborists, dated August 3, 2006; 7. that the conditions of the City Arborist's March 21, 2007 memo, the Chief Building Official's November 27, 2006 memo, the City Engineer's November 27, 2006 memo, the Fire Marshal's November 29, 2006 memo, the Recycling Specialist's November 27, 2006 memo, and the NPDES Coordinator's June 12, 2006 memo shall be met; 8. that demolition for removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 9. that any changes to the size or envelope of the basement, first or second floors, or garage, which would include adding or enlarging a dormer(s), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to Planning Commission review; 10. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners and set the building footprint; 11. that prior to underfloor frame inspection the surveyor shall certify the first floor elevation of the new structure(s) and the various surveys shall be accepted by the City Engineer; �" 6 Design Review and Special Permits 2212 Hillside Drive —� 12. that prior to scheduling the framing inspection, the project architect, engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury. Certifications shall be submitted to the Building Department; 13. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Department; 14. that prior to final inspection, Planning Department staff shall inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans; 15. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single termination and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 16. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 Edition, as amended by the City of Burlingame; --� 17. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 18. that during demolition of the existing residence, site preparation and construction of the new residence, the applicant shall use all applicable "best management practices" as identified in Burlingame's Storm Water Ordinance, to prevent erosion and off-site sedimentation of storm water runoff, 19. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; and 20. that the project is subject to the state-mandated water conservation program, and a complete Irrigation Water Management Plan must be submitted with landscape and irrigation plans at time of permit application. Ruben Hurin Planner c. Ben Behravesh, architect 7 City of Burlingame Planning Commission Approved Minutes January 8, 2007 Chair Brownrigg called for a roll call vote on the motion to approve. The motion passed on a 7-0. Appeal procedures were advised. This item concluded at 7:45 p.m. 3. 2212 HILLSIDE DRIVE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR BASEMENT CEILING HEIGHT FOR A NEW, TWO-STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE (BEN BEHRAVESH, APPLICANT AND ARCHITECT; KENDRICK LI PROPERTY OWNER) (63 NOTICED)PROJECT PLANNER: RUBEN HURIN Commissioner Osterling noted that he lives within 500 feet of the project and will recuse himself from the proceedings. He left the chambers. Reference staff report January 8,2007,with attachments. Plr.Hurin presented the report,reviewed criteria and staff comments. Twenty conditions were suggested for consideration. There were no questions of staff. Chair Brownrigg opened the public hearing. Kendrick Lee,2212 Hillside Drive,project applicant,and Ben Behravesh,4 West Santa Inez, San Mateo,project architect,were available to answer questions, submitted pictures of the roof tiles and color rendering of the front elevation. Commission asked why wasn't the sump pump relocated,concerned about it being located in courtyard adjacent to neighbor; architect noted that the sump pump can be relocated to the rear of the property,but that the water would then have to be sent to the back of the property and then pumped to the street, this would required a larger pump which be noisier, sump pump in the sunken garden would work better because the retaining wall provides a barrier to reduce the sound. Commission noted that for the neighbor's benefit,would rather error on the side of caution and see the sump pump relocated away from the neighbor, sump pump will be next to the neighbors bedroom, because the sump pump will be located in sunken garden,sound will echo and be louder,would like to see the sump pump completely enclosed in the mechanical room or garage,water can gravity flow to garage and then pumped to street. Architect noted that if located in the garage,the pump will have to pull the water up from the sunken garden, it is better to push the water rather than pull, pump will have to be bigger and louder if it is required to pull water. Commission noted that the pump can be installed deeper in the garage so that water can reach it by gravity. Commission noted that the window trim is inconsistent throughout the house, especially on the half-round windows, this element would help the north elevation, trim should continue at base of the windows at the height of the wainscot to meter height of wall and should be carried around to the master bedroom, asked if the applicant would object to continuing the trim; no objection. Commission also pointed out that the window treatment is missing from the window below the bump-out on the north elevation. Commission noted several concerns with the revised project: suggested that an additional beam be added between the upper and lower beams on the gables ends,as proposed beams are too far apart, adding a beam in between would give it more character; north elevation is flat with a couple of minor bump-outs, a six inch bump-out will not read in the field and is not enough to create a shadow line; north elevation is a big blocky mass with a second floor ridge line running straight across the entire length of the house,overall fagade is long and tall, feel that not enough changes were made,north elevation needs to be handled better by adding more articulation or dropping the plate at various locations. Commission asked architect to confirm that exposed rafters will be 2x8 cedar sistered together,24 inches on center as noted on the plans;architect noted that a 4x can also be used,this is usually left up to the contractor to decide,will at least be a double 2x8. Continued discussion: Commission commented that usually like round windows,but feel that in this case there are too many round windows, not necessary on the south elevation on either side of the chimney. Commission reviewed materials board and noted that the wood siding and trim seems out of place;architect commented that these materials were used on the house shown in the photos submitted,feel it is appropriate and vocabulary works well with this kind of architecture. Commission expressed a concern with the size of 6 City of Burlingame Planning Commission Approved Minutes January 8, 2007 the window trim at the base of the window, trim size is not consistent, 3 inch trim as shown on window detail is not big enough, mullions are too small, materials too small and will negatively affect the—, appearance; architect noted that the mullions shown on the plans make not be the exact size from thL manufacturer but it is close. Commission noted that asked is there any reason why the trim piece couldn't be from a 2x6 to get a 6 inch dimension;architect noted that a 2x6 could be used. Commission commented that lanterns with a bright light source are discouraged,want to make sure the proposed lighting complies with city standards;architect noted that he has used the proposed lighting in the past,glass is obscure to shield the light source. Regarding the landscaping,the Commission pointed out that photinia frazeri is susceptible to disease, should use pittosporum or bay laurel instead. Commission expressed a concern with the siting of the house, noting that it abuts a corner lot which presents challenges to development, suggested that the driveway location remain along the left side of the lot to create a buffer between the project and corner house;architect pointed out that the driveway was relocated to the right because existing corner house has an increased setback and the existing house on the right is located very close to the project house, felt the location as proposed provided the best solution. There appears to be several drafting errors, on floor plan laundry room contains no windows but one is shown on south elevation, second floor stairway window is larger on south elevation than shown on floor plan,and north-south-east-west building elevation are labeled incorrectly,plans need to be checked and revised accordingly. Commission expressed a concern with the design as proposed, this is barely a Spanish style design, three recessed gables are more appropriate for a Tudor or Craftsman design,not for a Spanish design,typically see one or two receding gables,also often see a round element which is common in this neighborhood. Public from the Floor: Delores and Dennis Huajardo, 1400 Columbus Avenue;and Pat Giorni, 1445 Balboa Avenue, spoke,expressed concern with the sump pump in the sunken garden,a sump pump at the rear with a typical sloping lot would satisfy concern, or would rather see the sump pump located in the mechanical -� room or somewhere inside house; concerned with the sunken garden, why is it necessary; would like the applicant to remove an existing cyclone fence and ivy along the driveway between the properties,wooden fence is located behind cyclone fence, ivy has damaged the wooden fence and it takes a lot of extra to maintain the fence in good condition; concerned about the amount of paving proposed and the potential of cars being parked in the rear yard,if project is approved would like parking area clearly defined to be in the garage and driveway, not in rear yard; wasn't aware of new requirement for automatic driveway gates, would like Commission to explain;noticed that the design of the chimney caps were changed to reduce the height of the chimneys, would like to see the height of the center chimney reduced further, if it is a gas vented fireplace can just use a flue pipe;full landscape plan should be submitted,thought one was required for new houses;side access door should be added in garage;concerned that the amount of hardscape was not reduced, there is excessive paving; concerned that the plate height on the first and second floors was not reduced; 216 Bloomfield Road is a Spanish style house with a detached garage, house was recently remodeled, massing was handled well by articulated the second floor, architect should visit the site; alternative location for the sump pump is in the "wet well" along the right side of the house; Table 2, Comment 22 in staff report notes that Chief Building Official reviewed the basement and notes that proper egress is provided if the room in the basement were a sleeping room, feel that this is equivalent to a fifth bedroom and therefore a two-car garage should be required, could affect the proposed floor area ratio, encourage Commission not to approve ceiling height in basement,if basement is kept with proposed height project should be required to comply with parking requirement for a five-bedroom house. Architect noted that the presence of a door and closet defines a bedroom, room in basement does not have closet. Commission clarified that in Burlingame, a room with a door and window defines a bedroom. Architect commented that a door from the basement is necessary to access the sunken garden, the plate height was already reduced 8'-2" and does not think it's advisable to reduce it even further, future owners who will purchase the house have some rights too, cannot justify sacrifice to make all changes suggested by the Commission, this is a narrow lot which has its challenges. Property owner noted that the purpose of the 7 City of Burlingame Planning Commission Approved Minutes January 8, 2007 sunken garden is to allow natural light into the basement area. There were no further comments. The public hearing was closed. Commission discussion:there are many concerns with this project,think the design is marginal,more detail work is needed,second floor plate height needs to be articulated,very concerned with blank wall along north elevation, sump pump should be located in a mechanical room, cyclone fence and ivy along existing driveway should be removed,should add automatic driveway gate to make the garage access and driveway useable,could reduce height of center chimney with a gas vented fireplace,landscape plan does not reflect removal of the magnolia trees in the right-of-way, landscape plans should be revised and should correlate with the landscaping items mentioned in the discussion tonight,side access door should be added in garage, architectural details need to coordinate throughout the plans,window sizes need to be checked and shown at correct size,bedrooms are prohibited in basements therefore it cannot be counted by Planning as a bedroom, proposed parking complies with requirements for a four-bedroom house;toilet in basement will be located eight feet below grade and therefore will need a sewage ejection system,not just a sump pump,will need to redesign the mechanical room to accommodate a sump pump and sewer ejector, going to have difficulties pumping water and sewage out;proposed project is 6 SF below the maximum allowed floor area ratio,there is no requirement for a basement other than developer pro forma. CA Anderson noted that a condition of approval can be added to prohibit use of the basement for sleeping purposes or use as a second dwelling unit. Commission noted that at the last meeting felt confident that the project would comeback improved, not so,now a good candidate for review by a design review consultant. CA noted that the Commission had an opportunity to refer the project to a design review consultant at the last meeting and chose not to do so, Commission should now take action on the project deny or deny without prejudice. C. Terrones moved to deny this application by resolution based on the various concerns expressed by the �. Commission. The motion was seconded by C. Auran. Comment on the motion: Commission asked CA to explain the ramifications of a denial. CA noted that a denial requires the applicant to wait one year before reapplying with the same or a similar project for Planning Commission review. With a denial without prejudice, the applicant may reapply with a project which has addressed the Commissions'concerns. The applicant may also voluntarily go to a design review consultant. The maker of the motion modified the motion and moved to deny the project without prejudice. The second agreed. Comment on the modified motion: if applicant chooses to voluntarily go to a design review consultant,the consultant should listen to the tapes of both meetings. Chair Brownrigg called for a voice vote on the motion to deny without prejudice. The motion passed on a 6-0-1 (C. Osterling abstain). Appeal procedures were advised. This item concluded at 8:35 p.m. C. Osterling returned to the dais. 4. 1300 SANCHEZ AVENUE, ZONED R-2 — APPLICATION FOR PARKING VARIANCE FOR SUBSTANDARD UNCOVERED PARKING SPACE LENGTH AND CONDITIONAL USE PERMITS FOR HEIGHT AND LOCATION OF WINDOWS FOR A NEW DETACHED GARAGE (STEVEN PEDIGO, APPLICANT AND DESIGNER; TWYLA KABATCHNICK, PROPERTY OWNER) (77 NOTICED)PROJECT PLANNER: ERICA STROHMEIER 8 WINGES ARCHITECTS RECEIVED MEMO: Date: 3-14-2007 MAR 14 2007 Planning Commission City of Burlingame CITY OF BURLINGAME 501 Primrose Road, Burlingame,CA 94010 PLANNING DEPT. Re: 2212 Hillside Drive,New house—Behravesh&Associates,Architecture I have visited the site,the street and have walked the surrounding neighborhood and reviewed the initial plans. I have had one meeting with the designer and applicant to review the Planning Commission comments. I have had 3 rounds of changes with the designer who has submitted various options,and has responded positively to many suggestions. I have reviewed the latest revised design to be submitted today,and have the following comments. 1 Compatibility of the architectural style with that of the existing neighborhood: • The neighborhood and street are a collection of many varied styles and types,but largely they are of 1-1/2 to 2 stories with similar scale,and together present a wonderful neighborhood feeling. • The Mediterranean stucco and clay tile style is compatible with the surrounding neighborhood variety. • The height,massing and proposed configuration seem consistent with the overall neighborhood pattern. 2 Respect the Parking and Garage Patterns in the Neighborhood: • The immediate neighborhood has many attached garages in houses that are of split level design,with a single car garage below,either in a lower basement level,or on a mid level sunken level below the main floor. These attached garages are mostly recessed way back of the front wall of the house at the end of a driveway along the side property line. There is a general pattern that the driveways are on the same side of the house on any given street,giving spacing between the houses,however there are exceptions to this. • Other houses have a detached garage in the rear of the property with a long driveway along the property line. • The design proposed puts the driveway on the same side as the adjoining house driveway. This has been discussed at length,and is preferred by the owner and designer. • The design proposes a detached rear garage in the same style as the house. This is compatible with other houses in the neighborhood,but is different from the others on this block. • Overall,I do not feel that the proposed garage and driveway location is incompatible,but this will provide greater massing of the house toward the left side of the property and grater impact to the neighboring house on the corner,versus having the driveway on the left side. It should be stated that the house does meet the declining height and setbacks and the left side is also provided with minimal two story area and the courtyard. This mitigates the massing impact. WINGES ARCHITECTS,INC.1290 HOWARD AVE SUITE 311, BURLINGAME CA 94010/FAX.(650)343-1291/info@w 9es 0 001 / TEL(650)343-1101 ARCHITECTURE / MASTER PLANNING / INTERIOR ARCHITECTURE / SPACEPLANNING / DESIGN COUNSELING WINGES ARCHITECTS 3 Architectural Style Mass and Bulk of the Structure and Internal Consistency of the Design. • There has been a series of redesign efforts on the roof shape, plate heights and elevations that have improved the design, but the internal flow, circulation and overall massing has remained substantially the same. The arrangement of rooms and spaces seems very appropriate and well done. • The roof has been changed from all gables to use of a main hipped roof with gables attached-1 believe this cleans up and improves the front elevation by eliminating the 3 stepped gables, and gives a main mass from which the gables extend. • Plate heights have been adjusted to provide more interesting elevations and breaking up of the mass, and less of a layer-cake look. • The windows have been re-detailed and some changed, and are more consistent while still providing a variety of shapes and sizes. I believe the addition of the wood beam headers will improve the look and feel of the house. I like the variety of plain and gridded windows, and do not feel they are as chaotic as before. The builder should be careful to carry out these details and the window selections to provide depth and richness. • The use of a few round windows and arched windows seem to add variety, and some have been eliminated. • The wood sided element on the right side remains, and can be a nice detail. This elevation has been improved with varying plate heights, changed roof gable, recessed window niche at the dining area, and window detailing. • There is more consistent treatment of the gable ends. • Downspouts and other details have been clarified and shown. • Skylights have been reduced to fit in the new hip portion of the roof. 4 Interface of the Proposed Structure with the Adjacent Structures to Each Side: • See comments regarding the driveway location and massing above under item 2. • The sump pump issue seems to be solved by location of the sump inside the structure, eliminating noise in the court. • The court gives a niche in the building reducing mass to the neighbors. • The double driveway on the right side will provide a wide separation of structures where the massing and wall heights are the greatest. • The hipped roof and highest mass has been placed appropriately in the center of the property and seems like the right decision to minimize neighbor impacts. 5 Landscaping and Its Proportion to the Mass and Bulk of Structural Components: • Landscaping and paving plan has been changed. • An automatic gate has been added as suggested by the Commission, and is set back from the front wall of the living room. • Tree types changes. Verify that the two magnolias at the street are to remain, and will not be negatively affected by the new driveway. • Landscaping with vine pockets or similar along the 2 story wall at the driveway is desirable to minimize the effect of the large stucco wall. WINGES ARCHITECTS, INC. 1290 HOWARD AVE. SUITE 311, BURLINGAME, CA 94010 / FAX (650) 343-1291 / info@wingesaia.com / TEL: (650) 343-1101 ARCHITECTURE / MASTER PLANNING / INTERIOR ARCHITECTURE / SPACE PLANNING / DESIGN COUNSELING WINGES 3 ARCHITECTS Summary_ - The applicant has been very cooperative in responding the suggestions and comments by the Commission and the design reviewer. Recommend approval of the revised submitted plans, subject to the following suggestions: 1. Verify there is, or add landscaping with vines, etc. to soften stucco wall along driveway. 2. Clarify street tree health and whether Magnolias are to remain. 3. Verify materials and provide samples of cap and pan the for roofing—make sure to provide a color range, flashing or patina to obtain an authentic tile look, rather than uniform color for tiles. Jerry L. IA Principal WINGES ARCHITECTS, INC. 1290 HOWARD AVE. SUITE 311, BURLINGAME,CA 94010 / FAX.(650) 343-1291 / info@wingesaia.com / TEL,(650) 343-1101 ARCHITECTURE / MASTER PLANNING / INTERIOR ARCHITECTURE / SPACE PLANNING / DESIGN COUNSELING City of Burlingame Planning Commission Unapproved Minutes December 11, 2006 7. 2212 HILLSIDE DRIVE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR BASEMENT CEILING HEIGHT FOR A NEW, TWO-STORY SINGLE FAMILY �. DWELLING AND DETACHED GARAGE (BEN BEHRAVESH, APPLICANT AND ARCHITECT; KENDRICK LI PROPERTY OWNER) (63 NOTICED)PROJECT PLANNER: RUBEN HURIN Commissioner Osterling noted that he lives within 500 feet of the project and will recuse himself from the proceedings, and left the chambers. SP Brooks briefly presented the project description. There were no questions of staff. Vice-Chair Deal opened the public comment. Kendrick Lee,2212 Hillside Drive,project applicant,and Ben Behravesh,4 West Santa Inez,San Mateo,project architect,explained how the house was sited so that most rooms will get sun from the south and east, noted the house and detached garage were placed where they are to preserve the mature trees at the rear•,in this neighborhood,there is a variety of driveway locations, and a mix of attached and detached garages. Public comment continued: Delores and Dennis Huajardo, 1400 Columbus Avenue; and Pat Giorni, 1445 Balboa Avenue, spoke,noting that an attached garage is preferred and would like the driveway left where it is now, there are plenty of opportunities to park on the street in this neighborhood, concerned with the location of the sump pump, it will be near their bedroom window, understand the pump will be used to remove excess water from the sunken garden, would be noisy and run frequently, can it be relocated; the proposed metal circular stairs from the basement will be noisy,are concerned because it will be next to their living area; because the canopy of the Magnolia tree in front is so big, don't think there needs to be a tree planted along the side at all;want to make sure all the railings will be wrought iron, some are called out as metal;concerned with the amount of paving next to the detached garage, don't want it to become a parking lot in the back yard, overall the design is a great improvement; confused with Arborist's report, says one of the street trees will be removed for the new driveway,would like to see it retained if possible,nothing much has changed with the project except in height,says it is a Mediterranean style,but could be a"McMansion" seen anywhere, window choices provide little interest, and they aren't called out as true divided lite or simulated true divided lite;they are called out as aluminum clad wood;hasn't been a reduction in paving,no change to the right side wall,it appears that the light well from the basement protrudes into the driveway,no deference was made to neighbors who would like to see the driveway stay on the left side with an attached garage,this is a maximum size house,why allow a minimum size driveway,would like to see a landscape plan, shouldn't remove a healthy street tree for a driveway, the basement space could be turned into accessory living quarters, this area should be considered a fifth bedroom and require a two-car garage, should check with the Chief Building Official, if it has proper egress door, might be allowed for sleeping room. Commissioners asked if the window trim will be foam or wood,could it be made to work using wood trim at sill and header? The applicant noted that it is proposed to be stucco over wood,could use wood except for the curved pieces. The floor plan shows decorative wrought iron balcony on the rear,but it is not shown on the east elevation. The applicant noted that the balcony is proposed, will revise plans to show. Can the project be made to work without the sunken garden? No,the sunken area provides the required egress from the basement, as well as providing natural light into the basement. What is the material for the driveway? Will be pavers with sand bed,permeable surface. Commissioners noted that this is a nicely designed house, is an improvement,have done homework on the neighborhood. Commissioners made the following comments regarding the project: 10 City of Burlingame Planning Commission Unapproved Minutes December 11, 2006 • North elevation still is a broad, flat fagade, the wood bay is a nice addition, but it is still flat, the project is at the maximum FAR, could articulate this wall some more; • Propose long,two-story wall along driveway,would like to see some additional breaking up of this wall, can break up the plate height, since this site slopes down,the height of that long wall will be emphasized; • Agree that there is a lack of articulation on the north elevation,not sure that the wood element is the way to achieve this, it looks out of place; • On North elevation,wood siding could be a nice detail,but it doesn't tie in with anything else,don't want to see things just tacked onto the side, need some true articulation; • Note that there is a lack of detail around the windows,but see that they will be recessed with a stucco return, would like to see a detail of what is intended around the windows,need to clarify on plans; • Need more attention given to chimney caps,something more consistent with this architectural style, chimneys don't have to be so tall, • On the south elevation, the circular windows on either side of the fireplace seem crowded horizontally, don't like the relationship of the windows next to the fireplace; • Need to provide a full landscape plan and tree protection plan prepared by a licensed arborist to show how trees will be protected during construction; • Reduce the amount of paving proposed in the back near the garage; • Curved windows can be expensive to build, don't want to see the project come back with changes, may be more prudent to use rectangular windows with heavy wood timber; • The plans need to show the material sizes for elements such as the corbels, rafter tails and belly band; • Plans should show the downspouts, might give more detail with ornamental collectors and —� downspouts; • Window placement and shapes are chaotic,too many curved windows;caps on curved windows look out of place; • On sides of gable ends, see beams on side view but not shown when look at gable ends; show rafter tails on elevations, should call out 3x rafter tails throughout; • Plate height is called out as 8'-2", if using standard size studs, would be 8'-1"; • Light fixtures on front elevation look contemporary, should choose a style that is more in character with architecture; • There are a lot of details on the plans that need to be corrected,the muntin bars on the windows are chaotic, nothing flows through, needs to be consistent, windows on the South elevation are misplaced, windows should be called out as true divided lite or simulated true divided lite; • The idea of instantaneous history, where something is built to look like it was added on over time can be used with the massing,can use a roofline change to create the impression that something was added on; • Garage elevations show gutter extending over the property line and the eave intruding into the required 3-foot separation from property line,need to resolve,wall along the property line is required to be a one-hour wall; • Need to do something to diminish some plate heights on the second floor so that it is not the same all around, will break it up and help with massing; • Provide photo of a clay tile roof which is made up of a mix of"S"tiles and regular two-piece tiles as proposed, provide address of location in area where it is installed; • Change the proposed Eucalyptus tree to be planted along side property line to a Pittosporum; • Relocate the sump pump away from neighboring property line,will have to pump to street from the back of the property, sump pump could be put in or near the garage; 11 City of Burlingame Planning Commission Unapproved Minutes December 11, 2006 • Should verify if the right side Magnolia tree in the planter strip has to be removed, should make every effort to retain, like to keep both street trees; �. • Require that an automatic gate be installed,will increase the probability that the garage and driveway will be used for parking, show on plans; • Need to provide more landscaping than is now proposed to soften the fagade, particularly if the Magnolia tree to the right has to be removed; • The use of the basement area as a bedroom requires a special permit, should check with the Chief Building Official to determine if it has proper egress for sleeping room; • Spanish Mediterranean style requires careful attention to detail to articulate that style; and • The skylights shall be tinted so that they do not emit night glare, add note on plans. There were no other comments from the floor and the public hearing was closed. C.Vistica made a motion to place this item on the regular action calendar at a time when the above revisions have been made and plan checked. This motion was seconded by C. Terrones. Vice-Chair Deal called for a vote on the motion to place this item on the regular action calendar when plans had been revised as directed. The motion passed on a voice vote 5-0-1-1 (C. Osterling recused, C. Brownrigg absent). The Planning Commission's action is advisory and not appealable.This item concluded at 9:45 p.m. C. Osterling returned to the dais. X. COMMISSIO R'S REPORTS - Revie raft Scope of Work f the Downtown Specific Plan (item continued from November 27, 20 meeting). Monroe reviewed the sumptions made by the Committee which prepared the propo d draft of the Work Program for the owntown Specific Plan. She as d the Commissioners if they any items to add or suggestions to e. Cers.Auran and Vistica not that they thought that the stu area for the plan had been expanded t include the area east of the rtainno�ilng d tracks to Anita Road. Co issioner noted that one benefit woul e that this would allow for in a complete circle ound the train station. The importanc of tying the area to the east of e tracks to the core downto to the west is also important. It was als oted that the work program s ould include a work element t address`sustainability'which w Id inclu open spaces and benefits fr proximity to mass transit a ell as other items the consult could ide tify and incorporate. - Progress Report from the ermit Processing Subcommi a including permit expiratio , construction site maintenance and c ditions for framing inspecti . CP Monroe reviewe he conclusions on two of t topics recently discussed the Permit Processi g Subcommittee whi met on December 8. The o topic/'ew ly dis ssed with the Comm' ion were: certificati n of the framing to insure i orporation si elements and maint ance of construction s' es during construction. The ubcommitteeCommissioners disc sed briefly the directio given at the Subcommitte meeting. Noting certification s sho d be done by `.. residenti designers or architects. noted that with taff would pre e the necessary 12 City of Burlingame Planning Commission Unapproved Minutes October 23, 2006 the definition and end the adopted Rollins Road zoning regulations; noted have been at the process of planning for s area since 2002, is the last implementing zoning district, there are a couple of—, �applicatio. for large projects i e ECN area which need to addressed, Rollins Road and Trousdale,est nng ordinances hav een adopted, this request to ' ht is clean up language to be clear what is exp ted and to clear up uthern Gateway Entrance iss s. Commissioner co ent continued: clarify direct' to the subcommittee regardin edical office in ECN, do not want to e courage stand alone office b ' dings in this area, agree that c ave medical office up to 35 feet in a ilding (0.5 FAR); in the d ign guideline criteria underst d that want to establish that guideline re not regulations,but feel t tin the language the'should's uld not be changed to'can', `can' includ too many inferences; front a side zero lot line setbacks sh Id hold to 35 feet;need to determi if t additional setback over 35 et on the front and sides is o conal or required, and how it sh d be ermined,diagram 5-6 does) t show the bulb outs on Ma is at Trousdale,should be corre d.These issues should be referred to e subcommittee. Vice-Chair Deal n ed that this item would b continued to another mee ' g after the North Burlingame/Rolli Road subcommittee has me and made recommendations the issues raised this evening. CP nroe noted that since this ite as being continued to a date certain,when it is brought back for act' staff would renotice the item ' a newspaper of general circ tion and send post cards to all property ners in the specific plan area as they did for this item this eve mg. This item was completed at 10:25 m. IX. DESIGN REVIEW STUDY ITEMS 10. 2212 HILLSIDE DRIVE,ZONED R-1—APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMITS FOR DECLINING HEIGHT ENVELOPE AND BASEMENT CEILING HEIGHT FOR A NEW,TWO-STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE (BEN BEHRAVESH, APPLICANT AND ARCHITECT; KENDRICK LI PROPERTY OWNER)(63 NOTICED)PROJECT PLANNER: ERIKA LEWIT Commissioner Osterling noted that he lives within 500 feet of the project and recused himself from the proceedings on this item. He stepped down from the dais and left the chamber. SP Brooks briefly presented the project description. Commissioners asked what the required width of the driveway is; 9'-6" clear width is required. There were no further questions of staff. Chair Brownrigg opened the public comment. Kendrick Li,2212 Hillside and Ben Behravesh,4 West Santa Inez Avenue, San Mateo,project architect,presented the project,presented photographs of other homes in the neighborhood; felt that this project would be compatible. Jennifer Pfaff, 615 Bayswater; Pat Giorni, 1445 Balboa; and Dennis and Delores Huaj ardo, 1400 Columbus Avenue spoke;noting that the applicant's first project in Burlingame was in my neighborhood, disappointed in how it turned out, it does not relate to the neighborhood, the details on front appear very flat, a hodge-podge of styles, it looks cheap, it was designed from the inside out; Hillside is one of the first views of Burlingame and its charm, connects between Freeway 280 and El Camino Real,the proposal does not fit,would be a good house for Telluride, but not on Hillside Drive,in direct conflict with the new house going in across the street;proposing a 700 SF basement,what is to prevent this from becoming sleeping quarters,this extra 700 SF is exempted from floor area; concerned with the Magnolia trees, on his other project the applicant did not install tree protection, need to make sure measures are in place here before work begins; live right next door to project facing Columbus,very concerned about the detached garage in the rear of the lot;none of the other houses on this 10 City of Burlingame Planning Commission Unapproved Minutes October 23, 2006 block have garages in the back, there is a long greenbelt of lawns to the rear of the houses that is used for picnics and playing in yards; there is a lot of paving proposed in this project up to and beside the garage, �. what prevents these areas from turning into a big parking lot; concerned with protection of the six pittosporum trees on our lot along the property line, it is proposed that Italian Cypress will be planted along the fence,will affect the root structure of the pittosporum trees;if the fence is damaged,it should be replaced and painted to match; design is not compatible with the area, the tower and rooflines are a concern, our living areas are adjacent and the new house will be four feet from that property line. There were no other comments from the floor and the public hearing was closed. Commissioners made the following comments regarding the project: • Applicant showed four examples of houses in the neighborhood,these examples do not relate at all to the predominant development in the neighborhood,the neighborhood has changed over time,there used to be more variation,more recent styles tend toward Mediterranean and are not the traditional, should look at older styles in other parts of Burlingame; • Important that the house fit into the context of the neighborhood,this does not mimic what was built in the 1920's and 1930's; • Applicant states that this is an updated Craftsman style, appears to be more of a neo-Prairie style, there are not a lot of prairies in this area; • Concerned with the amount of concrete paving,it is not environmentally friendly to have that much impervious surface; • Concerned with large flat north wall; �. • Materials are not called out on the plans such as brackets, sill head materials, there is a lot of inconsistency in the detailing; • Concerned with the cornice line and the way it wraps from one side to the other; • Unclear how the light well works down to the basement, it appears that the light well intrudes into the 9'-6" required driveway width; • Plans call for Sierra Pacific windows,need to specify that they will be true divided lite or simulated true divided lite windows; • Massing is articulated,mass and bulk pretty good except the north elevation which is long and flat; • First floor plate height should be no more than 9 feet, reduce second floor plate height to 8'-1"; • The encroachment into declining height envelope can be eliminated, this style does not justify the exception, the special permit is meant for architectural character, this design is not limited by the declining height envelope; • Style does not fit neighborhood at all, need to rethink completely; • We generally encourage detached garages because it is the predominant pattern in Burlingame, in this case in deference to the neighbor would like to see driveway moved to the other side of the property; • In this case,maybe attached garage is more in keeping with what is on Hillside Drive,not opposed to attached if that is consistent with the predominant pattern; • Make sure the landscape plan does not include Italian Cypress, particularly next to the neighbor's established shrubs and trees. C. Cauchi made a motion to send this project to a design reviewer with the comments made. This motion was seconded by C. Auran. 11 City of Burlingame Planning Commission Unapproved Minutes October 23, 2006 Comment on motion: Need to come up with new design and design reviewer would provide assistance to help it fit the site and be consistent with the style of the neighborhood; have concern with sending it to a —� design review consultant, it is a large burden to place on the design reviewer to help with such a significant redesign; do not agree, the design review process is meant to provide assistance in difficult cases such as this. C. Cauchi amended the motion to bring the project back on action with a recommendation for denial with prejudice. C. Auran accepted the amended motion. Vice-Chair Deal called for a vote on the motion to place this item on the regular action calendar with a recommendation for denial. The motion passed on a roll call vote 4-1-1-1 (C. Vistica dissenting, C. Osterling abstaining and C. Brownrigg absent). The Planning Commission's action is advisory and not appealable. This item concluded at 11:00 p.m. 11. 220 PRIMROSE RO D,ZONED C-1,SUB A—APPLICATION FOR COMMERCIAL DESIGN REVIEW FOR SUBSTAN REMODEL OF AN STING BUILDING FOR A RE IL USE (DAVID A. LEVY, DAVID A. L 3- 'A APP CANT; ALI REZAEI, ARCHIT T; CHICKEN CHICKEN LLC, PROPER OWNER 29 NOTICED OJECT PLANNER: RUBENHURIN CP onroe briefly presented t project description. Commissio ers asked if this project proposes a change the sidewalk, yes, the a icant will be required to install reetscape improvements as outlined in the Burlingame Avenue St etscape Plan, this includes new dewalks with a slight pink tone to them, will match the sidewalks ' stalled nearby in front of Parkin of J. C.Terrones noted that he had occ .on to see a presentation of e project proposal at his office. Chair Bro 'gg opened the public comme . David Levy, 345 Springside Drive, on, Ohio; Ken Nemeth enior Development Manager f Anthropologie, 26566 Paseo Del Mar, an Juan Capistrano, Calif a, and Robin Ostler, 531 W. 2 t Street,New York,New York,represe d the project, described the oncept proposed and presented pies of the materials to be used, will eate rhythm by alternating aterials since it is a 90-foot Ion treet frontage, the face of the buildin cedes and comes forward and creates visual and spatial textur ;bench will be placed where the fagad teps back,windows open into the store, can see what is inside- to enhance the pedestrian scale, a sm er window wraps around the corner adjacent to entry; propos screen set forward from the face of t building made of Ipe wood dowels and copper backed by a g wire screening, a manmade mate 'al which will give a cloudy feel, w' be illuminated from th ack with a low level of light so the all will glow. Commissione asked: will the copper tubing main in its patina or is the intention to le ' oxidize? The intention is o allow the copper to oxidize, the Ip" ood will also weather over time, t it take its time to age, the pper tubing will be denser near the p, any runoff from the oxidizing pper will be caught by wood owels lower on wall. What is th environmental classification of e wood, is it sustainably h es ed? It is not endangered; do not ow the classification for sustain ility. Jennifer Pfaff,615 Bayswater,and gela Johnson, 1528 Ralston Av e,spoke regarding the projec , ilces the project a lot,hope that not t many resin insets are placed in e concrete, they will be like ' wels, so should be sparse,agree that t scale is big and could be brough own at the entry;concern ' the overall --� size,will incorporate thre tores into one,will dominate the tire block,is there a way it anbe broken up. Commissioners ma the following comments regardi g the project: 12 �¢nd�Lie vn#1 1400 Columbus Avenue Burlingame,CA 94010 COMMUNICATIONRECEIVED AFTER PREPARATION _ 342-0962 OFSTAFFREPORT 1 1 December 2006 12.u.oie P c. Mfg, RECEIVED Attention: Planning Commission Members DEC 1 12006 From: Delores and Dennis Huajardo CITY OF BURLINGAME PLANNING DEPT. Re: Demolition and Proposed Project for 2212 Hillside Drive 1. Garage--Once again we wish to register our preference for an attached garage for the reasons previously stated;and we wish to point out that street parking is not a problem for 2212 Hillside because (a)the side of our lot(on Hillside)is available for two or three cars for 2212 in addition to their two spaces in front. Our prior neighbors frequently used this area for parking which has no impact on us because(b)our house faces Columbus Avenue and we have our own ample parking the entire length of the front of our property;(c)the Hillside park strip is very wide, 12 ft, plus the 4 ft sidewalk offering 16 ft of protection. Our stucco wall around our patio gives us privacy from parked cars on Hillside. 2. Sump pump--We are concerned about noise from the sump pump which '- will be located outside our master bedroom window and opposite our kitchen and breakfast area. The noise may reverberate up the walls of the sunken garden. The pump may nm frequently because of runoff from watering the plants in the sunken garden. 3. Windows--The windows are a hodge-podge of sizes and design. More conformity of both may make a more aesthetic design. 4. Eucalyptus tree--The planned eucalyptus tree next to our established pittosporum trees is inappropriate. The canopy of the magnolia tree spreads over that area and over the edges of the park strip and over our property,so putting a tree there seems unwise. 5. Metal circular stairs--These stairs are a concern because when people walk down them they are noisy. Once again,the stairway is located in the sunken garden area where sound can reverberate. 6. Roofs--Are all roofs entirely clay tile? _New #- 4o 02 N1�1�1►R 1440 Columbus Avenue AMMUMV Burlingame, California orsu Urw 23 October 2006 L 71VEL) Attention: Planning Commission Members OCT 2 3 2006 From: Delores and Dennis Huajardo CITY OFBURLINGAME PLANNING DEPT. Re: Demolition and Proposed Project for 2212 Hillside Drive )6.23.0L PC/0 The existing home at 2212 Hillside Drive is one of four homes with 00 identical floor plans and placement on their lots. Our home is to the left of these and faces Columbus Avenue. Our concerns with the project proposed to replace the present home at 2212 Hillside are: 1. The detached garage--At present in this family-oriented neighborhood all of our five back yards across the entire block line up to create a beautiful green belt with no detached garages. Over the years and presently these yards have been used for outdoor picnics, playing with children, gardening, etc. This green belt area is visible from the second level of each of these homes. - In addition, with the large paver/paved area to the detached garage, beside the detached garage and curving behind the house, what is to prevent this area from becoming a big parking lot? 2. Protection of our six mature pittosporum trees--We planted these trees many years ago as a buffer between our house and the windows of the house at 2212 Hillside. An arborist should address whether construction work and planting the proposed Italian cypress trees just inside along the property line will impact, now or in the future, the root systems of our mature pittosporum trees which we feel are an asset to both properties. 3. Protection/Security of our fence--The present fence is made of prime redwood and sits just under the pittosporum trees mentioned above. It is painted to match our house. Replacement and pointing should be guaranteed in the event of damage during demolition/construction. 4. Architectural design non-compatible--The design is not like the Easton _ Addition houses which are primarily traditional homes with English and Spanish influence, and most recently some beautiful craftsman style homes. The tower and many different roof-lines of this proposed project are of esthetic concern. The exterior of stucco walls combined with large areas of boards are a design concern. RECEIVED OCT 2 3 2006 CITY OF BURLINGAME 5. Square footage in floor plans--Does this plan conform to the square PLANNING DEPT. footage for this 6000 square foot lot's The large carpeted basement area could be reduced to incorporate an attached garage below curb level (the lots slope downward to the rear) as the four houses presently have. This leaves the backyard free to accommodate the valuable greenbelt mentioned in item * I and provides a lawn and backyard area for picnic tables, play with children, etc. 6. Closeness of proposed project--The 4 foot closeness of the proposed project runs the entire length of the rear of our home. This is a dramatic change from the present home, one-half of which is 9 feet from the rear of our home and one-half of which is 18 feet from the rear of our home. City of Burlingame Planning Department 501 Primrose Road P(650)558-7250 F(650)696-3790 www.burlingame.org CITY G W�+�+E APPLICATION TO THE PLANNING COMMISSION Me Type of application: Design Review V Conditional Use Permit Variance Special Permit Other Parcel Number: Project address: 2 .2—� 2. 44 ILLS IDE 36r, APPLICANT PROPERTY OWNER Name: 1<E.N b<tC K Ll^ Name: < SArAE Address: 163 L-w iS C LAtJF, Address: City/State/Zip: SAQ MA7F V, CA, 91t 403 City/State/Zip: Phone (w): 660. 't 30.It 0 65 Phone(w): (h): (h)' (fl: (f): ARCHITECT/DESIGNER Name: Rc►v Q�.kr2 A V E SH Address:_4 W, SA�74 IN&I Ayc. City/State/Zip: Say fm-trw , cAr 9,1,co2 Please indicate with an asterisk Phone(w): &SO. 17 S. d 14 0 the contact person for this project. (h): PROJECT DESCRIPTION: NE w CQ J S-r0eVGT(U,-) OF A 71,00- STOtty kOM CZ. AFFADAVIT/SIGNATURE: I hereby certify under penalty of perjury that the information given herein is true and correct to--the--b— rnyicnowledge and belief. Applicant's signature: Date: '7/ 31 .106 I know about the proposed application and re thorize the above applicant to submit this application to the Planning Com ' 'on. 7 Property owner's signature: Date: Date submitted: PCAPP.FRM :ity of Burlingame Planning Department 501 Primrose Road P(650)558-7250 F(650)696-3790 www.burlingame.org �I 'g CITY - CITY OF BURLINGAME ` w� ED A!r!E SPECIAL PERMIT APPLICATION RE 2 2006 r CITY BURLINGAME f I PLANNING DEPT. The Planning Commission is required by law to make findings as defined by the City's Ordinance(Code Section 25.50). Your answers to the following questions can assist the Planning Commission in making the decision as to whether the findings can be made for your request. Please type or write neatly in ink. Refer to the back of this form for assistance with these questions. 1. Explain why the blend of mass,scale and dominant structural characteristics ofthe new construction or addition are consistent with the existing structure's design and with the existing street and neighborhood , `1 ` D -© `,��r./1 l � o (:A ee S M Qk WL �-- 2. Explain how the variety of roof line,facade, exterior finish materials and elevations of the proposed new structure or addition are consistent with the existing structure, street and neighborhood. � � I T 0- ;T e, 3. How will the proposed project be consistent with the residential design guidelines adopted by the city(C.S. 25.57)? TKk e t" s dV- �e STs �1u b�� �,P-Iz-�J ej fro k4-\� rraU�-fe IsIve s v) `i Ne 4. Explain how the removal of any trees located within the footprint of any new structure or �. addition is necessary and is consistent with the city's reforestation requirements. What mitigation is proposed for the removal of any trees? Explain why this mitigation is appropriate. N/A SPECPERMFRM Project Comments Date: March 21,2007 To: ❑ City Engineer ❑ Recycling Specialist (650)558-7230 (650)558-7271 ❑ Chief Building Official ❑ Fire Marshal (650)558-7260 (650)558-7600 e-&y Arborist ❑ NPDES Coordinator (650)558-7254 (650)342-3727 ❑ City Attorney From: Planning Staff Subject: Request for design review and special permit for a new, two-story single family dwelling and detached garage at 2212 Hillside Drive, zoned R-1 (APN:027-165-100) Staff Review: cf '7- ST'C/c,e� `T2E�S .View d� 13€' '-i 16S O/L L/dGZGE2 Tier �2� �,cclo-vu rE GCE '��2c�cG cnc51"acc/l pc OK itl�w rs��w� cic Acc1� �Rcvbw//y 02� �61� -M 23A rhe i4 4, p ®2 cIiT- 129ro t '7`0 '7"�' /J,coT:) d 4 �3 Tqr, Reviewed b �� Date: a.rborhgU Consulting Arborists 415.753.5022 . 236 WEST PORTAL AVE. #311, SAN FRANCISCO, CA 94127 • FAX: 415.276.6347 • jlascot@arborlo jc•com August 3, 2006 Tree Assessment at Li Property 2212 Hillside Drive, Burlingame, CA. Prepared for: Kendrick Li 163 Louise Lane San Mateo, CA 94403 Prepared by: James Lascot WCISA Certified Arborist - 2110 Copyright by arborlogic, 2006 Table of Contents Assignment/Summary Page 1 Site Observations/Resources/Subject Trees Defined Page 2 Subject Trees Pages 3 and 4 Discussion Pages 5 and 6 Methods Page 6 Recommendations Page 7 Qualifications/Arborist Inspection Schedule Page 8 Tree Preservation Zone Guidelines Page 9 Site Map Page 10 List of Services Page 11 Assumptions and Limiting Conditions Page 12 August 3, 2006 Page 1 Li Report Prepared by James Lascot, arborlogic Assignment I was asked to inventory and evaluate the general condition of trees within the building area, any trees on adjacent property overhanging the project site, and any adjacent City right-of-way. Specify what trees will be affected by the proposed development, assess their condition and give general and specific construction guidelines to maintain the viability of preserved trees. This information will assist the designers and public agencies in assessing construction design and impacts to existing trees. Summary There are four protected trees on the property as follows: 2 Southern Magnolia Magnolia grandiflora (no. 1 and 2) 1 Chinese Elm Ulmus parvifolia (no. 3) 1 Apple Malus sp. (no. 4) Magnolia (tree no. 1) is in poor health and the location of the driveway will require its removal. Magnolia (tree no. 2) will have the nearby driveway removed. It should be noted that this tree has previously caused extensive damage to the nearby sidewalk and will continue to do so in the future. Chinese elm (Tree no. 3) will have portions of its foliage removed for adequate clearances for the proposed new structure and may have some root loss due to the proximity of the house foundation. This tree should be able to sustain these losses and remain viable if the recommendations within this report are implemented. Apple tree will not have any significant impacts from the proposed development. August 3, 2006 Page 2 Li Report Prepared by James Lascot, arborlogic Site Observations I made my on-site observations and my field inspections on July 20, 2006 and August 4, 2006. I was shown current plans and was told about the proposed development and the location of the development by Ben Behravesh, architect. The subject site is located on developed property in a residential area. Resources THE CITY OF BURLINGAME MUNICIPAL CODE(Title 11 Chapter 11.06) SITE PLAN FOR 2212 HILLSIDE DRIVE (Current) Prepared by Ben Behravesh,Architect,San Mateo,CA Subject Trees Defined The subject trees consist of four existing protected trees located on the property that may be affected by the proposed development (see Site Map - Page 10). These subject trees have a trunk circumference of 48 inches or greater, when measured at 54 inches above natural grade, and are considered a Protected Tree by the City of Burlingame. The City of Burlingame defines Protected Trees as follows: (1) Any tree with a trunk circumference of 48 inches or more when measured 54 inches above natural grade; or (2) A tree or stand of trees so designated by the city council based upon findings that it is unique and of importance to the public due to its unusual appearance, location,historical significance or other factor; or (3) A stand of trees in which the director has determined each tree is dependent upon the others for survival (Burlingame Municipal Code Section 11.06.020F). The City of Burlingame defines Pruning of Protected Trees as the removal of more than one-third of the crown or existing foliage of the tree or more than one- third of the root system. Pruning done without a permit or which does not conform to the provisions of a permit shall be deemed a removal (Burlingame Municipal Code Section 11.06.020G). August 3, 2006 Page 3 .� Li Report Prepared by James Lascot,arborlogic Subject Trees Tree no.1 Southern MagnoliaMagnolia grandiflora Trunk Diameter at 4.5 feet above soil grade: 38" Trunk Circumference at 4.5 feet above soil grade: 119" Total Canopy Diameter:35 feet to the southwest Health: Good Age: Mature Condition: Fair,this tree has outgrown its planting strip, shows sign of prior sidewalk damage, and foliage shows signs of declining health. Species Tolerance To Construction Impacts: Moderate. Sensitive to root loss. Tree Protection Zone (radius in feet from trunk location):38 feet Expected Root Loss: 50%. This tree is within the footprint of the proposed new location of the driveway and removal will be required. Expected Canopy Loss: 0% Recommendation: Remove for the Proposed development. Tree no. 2 Southern Magnolia Magnolia grandiflora Trunk Diameter at 4.5 feet above soil grade: 30" Trunk Circumference at 4.5 feet above soil grade: 94" Total Canopy Diameter:35 feet to the northeast Health: Good Age: Mature Condition: Fair, this tree has outgrown its planting strip and shows sign of prior sidewalk damage and future sidewalk/hardscape damage is expected. Species Tolerance To Construction Impacts: Moderate. Sensitive to root loss. Tree Protection Zone (radius in feet from trunk location): 30 feet Expected Root Loss: 0%. There are no proposed changes to the existing conditions that should alter this tree. Expected Canopy Loss: 0% Recommendation: Preserve, great care should be taken when working around the tree with heavy equipment. The Project Arborist should supervise all heavy equipment work near this tree. August 3, 2006 Page 4 Li Report Prepared by James Lascot, arborlogic Subject Trees Tree no. 3 Chinese Elm Ulmus parvifolia Trunk Diameter at 4.5 feet above soil grade: 19.3" Trunk Circumference at 4.5 feet above soil grade: 61" Total Canopy Diameter: 30 feet to the southwest Health: Good Age: Young Condition: Good Species Tolerance To Construction Impacts: Good. Tree Protection Zone (radius in feet from trunk location): 10 feet Expected Root Loss: 10%, this tree will have the house foundation within its Tree Protection Zone but it will constructed of root friendly pier and grade beams. Expected Canopy Loss: 20%, this tree will require the removal of some low limbs to provide adequate clearance from the newly proposed structure. Recommendation: Preserve with Mitigation. Tree no. 4 Apple Malus sp. Trunk Diameter at 4.5 feet above soil grade: 17.8" Trunk Circumference at 4.5 feet above soil grade: 56" Total Canopy Diameter: 25 feet on center Health: Good Age: Mature Condition: Good Species Tolerance To Construction Impacts: Good. Tree Protection Zone (radius in feet from trunk location): 13 feet Expected Root Loss: 0%, this tree will have no significant impacts. Expected Canopy Loss: 0%, this tree will have no significant impacts. Recommendation: Preserve August 3,2006 Page 5 Li Report Prepared by James Lascot,arborlogic Discussion Tree preservation zones are provided as a guideline for determining a radius from a tree's trunk location outside of which any construction activities will not impact a tree's viability. Construction activities are allowed within a trees tree protection zone when specified by the Project Arborist. A ten to forty percent root loss may not threaten the survivability of a tree depending on its age, species tolerance,and if mitigation measures are properly followed. It is important to realize that for practical purposes all of a tree's roots are located within the top three feet of soil and more probably within the top 18 inches. The cutting of a trench for the foundation of structures is usually more than two feet in depth. This would remove all the roots in that area. The loss of important structural roots can cause the tree to collapse following root cutting. Magnolia tree no. 1 shows signs of severe decline due to loss of foliage, yellowing of foliage,and some branch dieback.This may be caused by root loss due to root upheaval of nearby sidewalk and the cutting of offending roots in order to repair sidewalk. This also might be caused by the insufficient amount of soil within its planting strip. This tree is under stress and cannot take much further root loss without its death. The proposed driveway will pass through this trees trunk location and its removal is required for the proposed development. Magnolia tree no.2 does not currently show signs of decline but suffers from the same conditions as magnolia tree no. 1 with root loss due to root upheaval of nearby sidewalk and the cutting of offending roots in order to repair sidewalk. This tree also has the same insufficient amount of soil within its planting strip. This tree is not yet under stress but cannot take much further root loss without severe decline and possible death. The existing driveway will be moved away from this tree and may provide some more soil but the conditions due to the sidewalk will cause ongoing stress on this tree. The proposed development does not necessitate the removal of this tree but the owner should consider the eventual removal and replacement of this tree with a smaller more suitable street tree species. August 3, 2006 Page 6 Li Report Prepared by James Lascot, arborlogic Discussion (continued) Chinese elm no. 3 is located in the rear yard and is within 5 feet of the proposed house footprint. The house foundation will be constructed of pier and grade beam that will minimize root loss to this tree. This root loss is estimated at less than 10 percent and should have no significant affect on this tree's long-term health and viability. The proposed house outer walls and roof overhang may require the removal of some foliage to provide 3-5 foot clearances. This foliar loss is estimated at 20 percent and should have no significant affect on this tree's long-term health and viability. Apple tree no. 4 is located far enough away from the proposed development that its roots will not be affected. Methods Trunk diameters were measured using a Spencer Diameter Tape. Health and condition of the subject was observed visually from the ground and sounding the trunks with a mallet to a height of seven feet above grade. Tree Protection Zones were determined using methods recommended in Trees and Development, A Technical Guide to Preservation of Trees During Land Development (Matheny and Clark, 1998). August 3, 2006 Page 7 Li Report Prepared by James Lascot, arborlogic Recommendations One tree (no. 1) shall be removed, including stump. The stump can be ground by hand or removed with a backhoe under the direct supervision of the Project Arborist. One tree (no. 2) shall have the nearby driveway removal performed by hand or with a backhoe under the direct supervision of the Project Arborist. Two trees (no. 2 and 3) shall be deep root fertilized with 10 gallons per inch of trunk diameter with a water soluble, slow release, high nitrogen fertilizer at least thirty days prior to demolition. One tree (no. 3) shall have an exploratory hand excavation of pier locations. This will consist of hand excavation of pier locations to a depth of 18 inches, preserving all roots encountered over one inch in diameter. One tree (no. 3) shall be clearance pruned to remove low branches to the south as designated by the consulting arborist. Tree protection fencing should be installed prior to construction to minimize damage to root systems of preserved trees. Tree Protection fencing will be constructed of 4-foot high orange plastic and attached to metal stakes no less than 12 inches into ground and at 6-foot centers. See Map on Page 10 for Tree Protection Fence locations. Certain construction activities should be limited within the Tree Protection Zone as follows: • No equipment, storage, dumping, grading or excavation should be permitted within the designated tree protection zones without the prior written approval of the consulting arborist. • If excavation must occur within the tree protection zone the Project Arborist should determine where tunneling, hand work, and root pruning is required (root pruning should be completed prior to grading activity). Note: when submitting bids for the above work include Qualifications / Arborist Inspection Schedule (page 8). Give all designers and contractors on site the Tree Protection Zone Guidelines (page 9) of this report. August 3,2006 Page 8 Li Report Prepared by James Lascot, arborlogic Qualifications The Project Arborist is an ISA Certified Arborist or American Society of Consulting Arborists (ASCA) Registered Member with adequate professional liability insurance. The Arborist Practitioner is an International Society of Arboriculture (ISA) Certified Arborist, must have a State of California Contractors License for Tree Service (C61-D49) and provide proof of workman's compensation and general liability insurance. All pruning of trees shall be in accordance with the Tree Pruning Guidelines as established by the International Society of Arboriculture and adhere to the most recent edition of the American National Standards Institute for Tree, Shrub and Other Woody Plant Maintenance (ANSI A300). All fertilization of trees shall be in accordance with the Tree Pruning Guidelines as established by the International Society of Arboriculture and adhere to the most recent edition of the American National Standards Institute for Tree, Shrub and Other Woody Plant Maintenance Standard Practices (Fertilization) (ANSI A300 Part 2). Arborist Inspection Schedule That the subject trees should be inspected, prior to demolition, by the Project Arborist to determine if tree protection measures have been properly installed. The Project Arborist shall supervise the removal the stump from magnolia no. 1 and/or the removal of the driveway near magnolia no. 1 if performed with heavy equipment. The Project Arborist shall supervise the removal of the existing house foundation near elm no. 3 and inspect the exploratory hand excavation for piers. The Project Arborist shall inspect the subject trees three months following the construction of the proposed structure's foundation and any recommendations implemented. August 3,2006 Page 9 ., Li Report Prepared by James Lascot, arborlogic Tree Protection Zones Guidelines Existing individual trees or groups of trees have been provided with tree protection zones. General requirements for tree protection zones are described as follows: 1 Special foundations,footing, and pavement designs should be employed to minimize root interference when structures must be placed within the tree protection zone. 2 Utilities such as electric, gas,cable TV,telephone,water drains and sewer should be routed outside the tree protection zone. 3 Landscapes should be designed to exclude trenching for irrigation lines within the tree protection zone and no irrigation should be applied within 5 feet of the trunks of protected trees. 4 Any new plantings within the tree protection zone should be designed to be compatible with the cultural requirements of the retained tree(s), especially with regard to irrigation and nitrogen application. In protection zones where native drought tolerant trees are located no summer irrigation should be installed and no vegetation installed requiring excessive irrigation such as turf and flowerbeds. 5 Surface drainage should not be altered so as to direct water into or out of the tree protection zone unless specified by the consulting arborist as necessary to improve conditions for the tree. 6 Site drainage improvements should be designed to maintain the natural water table levels within tree retention areas. If water must be diverted, permanent irrigation systems should be provided to replace natural water sources for the trees. 7 The consulting arborist should review any plan or revisions affecting trees. This includes (but not limited to) plans for demolition, erosion control, improvement, utility and drainage, grading plans,landscape and irrigation. Not to Scale: SITE MAP Page 10 ----------------------------- ------ - --- --- - - - ! I i i #4 - 18....APPLE ! I ! ; I � NORTH ! ! ! I I ! ! I I I 1 i #3- 19"CHINESE ELM ' I • i i I 1` - - / i I ' I ' ; I ; I ; I I ' I ' i LI RESIDENCE 2212 HILLSIDE DRIVE i i ! - - - - - = TREE PROTECTION FENCING I #2 - 38" MAGNOLIA # 1 - 30" MAGNOLIA! - - - - - - - - - - - HILLSIDE - - -HILLSIDE DRIVE Prepared by ArborLogic Li San Francisco, CA Report Page 11 -. arbor &k Consulting Arborists 415.753.5022 . 236 WEST PORTAL AVE. #311, SAN FRANCISCO, CA 94127 • FAX: 415.276.6347 • jlascot@arborlogic.com Helping People Make Informed Decisions About Trees Arborlogic is committed to professional, knowledgeable, state of the art consulting in all aspects of tree assessment while providing clients with prompt service and satisfaction at a competitive price. Services include: • Arborist reports prepared by experienced certified arborists on such topics as: construction guidelines in areas around protected trees . tree appraisals and loss appraisal. hazard assessments. tree/land management • Expert witness testimony for mediations, arbitration and court trials. --� • Mediations available for neighbor disputes. • Consultations to assess the general condition of trees, specific problems and solutions. • Tree assessments of all trees on your site. • Tree preservation plans that assess the impact of development on existing trees and provide general and specific recommendations for design professionals and contractors and homeowners. • Bid specifications established for your site to insure the use of reliable vendors and the ability to make accurate price comparisons. • Tree management plans containing a complete and comprehensive management of all tree concerns at your site. • Maintenance budget forecasting providing a reasonable budget that includes pruning, removals, fertilization and spraying. James Lascot has served the San Francisco Bay area with arboricultural services for over 20 years. International Society of Arboriculture, Western Chapter, Certified Arborist no. 2110. American Society of Consulting Arborists Academy Graduate 1997. Page 12 Assumptions and Limiting Conditions arborlogic,James Lascot 1. Any legal description provided to the consultant/ appraiser is assumed to be correct. Any titles and ownerships to any property are assumed to be good and marketable. No responsibility is assumed for matters legal in character. Any and all property is appraised or evaluated as though free and clear, under responsible ownership and competent management. 2. It is assumed that any property is not in violation of any applicable codes,ordinances,statutes,or other government regulations. 3. Care has been taken to obtain all information from reliable sources. All data has been verified insofar as possible;however,the consultant/ appraiser can neither guarantee nor be responsible for the accuracy of information provided by others. 4. The consultant/ appraiser shall not be required to give testimony or to attend court by reason of this report unless subsequent contractual arrangements are made, including payment of an additional fee for such services as described in the fee schedule and contract of engagement. 5. Unless required by law otherwise, possession of this report or a copy thereof does not imply right of publication or use for any purpose by any other than the person to whom it is addressed,without the prior expressed written or verbal consent of the consultant/ appraiser. 6. Unless required by law otherwise, neither all nor any part of the contents of this report, nor copy thereof, shall be conveyed by anyone, including the client, to the public through advertising, public �.. relations, news, sales or other media, without the prior expressed written or verbal consent of the consultant/ appraiser--particularly as to value conclusions,identity of the consultant/ appraiser,or any reference to any professional society or institute or to any initialed designation conferred upon the consultant/ appraiser as stated in his qualifications. 7. This report and any values expressed herein represent the opinion of the consultant/ appraiser, and the consultant's / appraiser's fee is in no way contingent upon the reporting of a specified value, a stipulated result,the occurrence of a subsequent event,nor upon any finding to be reported. 8. Sketches, drawings, and photographs in this report,being intended for visual aids,are not necessarily to scale and should not be construed as engineering or architectural reports or surveys unless expressed otherwise. The reproduction of any information generated by architects,engineers,or other consultants on any sketches, drawings, or photographs is for the express purpose of coordination and ease of reference only. Inclusion of said information on any drawings or other documents does not constitute a representation by ArborLogic and James Lascot as to the sufficiency or accuracy of said information. 9. Unless expressed otherwise: a) information contained in this report covers only those items that were examined and reflects the condition of those items at the time of inspection; and b) the inspection is limited to visual examination of accessible items without dissection, excavation, probing, or coring. There is no warranty or guarantee,expressed or implied,that problems or deficiencies of the plants or property in question may not arise in the future. 10. Loss or alteration of any part of this report invalidates the entire report. James Lascot- WI Certified Arborist-2110 r Project Comments Date: November 22, 2006 To: ❑ City Engineer ❑ Recycling Specialist (650) 558-7230 (650) 558-7271 X Chief Building Official ❑ Fire Marshal (650) 558-7260 (650) 558-7600 ❑ City Arborist ❑ NPDES Coordinator (650) 558-7254 (650) 342-3727 ❑ City Attorney From: Planning Staff Subject: Request for application for design review and special permit for basement for a new, two-story single family dwelling and detached garage at 2212 Hillside Drive, zoned R-1, APN: 027-165-100 Staff Review: November 27, 2006 1) All construction must comply with the 2001 California Building Codes (CBC), the Burlingame _ Municipal and Zoning Codes, and all other State and Federal requirements. 2) Provide fully dimensioned plans. 3) When you submit your plans to the Building Division for plan review provide a completed Supplemental Demolition Permit Application. NOTE: The Demolition Permit will not be issued until a Building Permit is issued for the project. 4) Comply with the new, 2005 California Energy Efficiency Standards for low-rise residential buildings. Go to http://www.energV.ca.gov/title24 for publications and details. 5) Obtain a survey of the property lines for any structure within one foot of the property line. 6) Roof eaves must not project within two feet of the property line. 7) Exterior bearing walls less than three feet from the property line must be constructed of one- hour fire-rated construction and no openings are allowed. 8) Rooms that can be used for sleeping purposes must have at least one window or door that complies with the egress requirements. 9) Provide guardrails at all landings. NOTE: All landings more than 30" in height at any point are considered in calculating the allowable floor area. Consult the Planning Department for details if your project entails landings more than 30" in height. 10) Provide handrails at all stairs where there are four or more risers. 11) Provide lighting at all exterior landings. 12) The fireplace chimneys must terminate at least two feet above any roof surface within ten feet. 13) NOTE: Plans that specifically address item 8 must be re-submitted before this project can move forward for Planning Commission action. Reviewed by: _ Date: C Project Comments Date: November 22, 2006 To: d City Engineer ❑ Recycling Specialist (650) 558-7230 (650) 558-7271 ❑ Chief Building Official ❑ Fire Marshal (650) 558-7260 (650) 558-7600 ❑ City Arborist ❑ NPDES Coordinator (650) 558-7254 (650) 342-3727 ❑ City Attorney From: Planning Staff Subject: Request for application for design review and special permit for basement for a new, two-story single family dwelling and detached garage at 2212 Hillside Drive, zoned R-1, APN: 027-165-100 Staff Review: November 27, 2006 1. See attached. 2. Sewer backwater protection certification is required. Contact Public Works — Engineering Division at (650) 558-7230 for additional information. Reviewed by: V V Date: 11/27/2006 u'UBLIC WORKS DEPARTMENT ENGINEERING DIVISION PLANNING REVIEW COMMENTS PELT Project Name- ,5W/-44& / -Project Address: 2Zt ' �Qowing requirements apply to the project A property boundary survey shall be preformed by a licensed land surveyor. The survey shall show all property lines, property corners, easements, topographical features and utilities. (Required prior to the building permit issuance.) "Z The site and roof drainage shall be shown on plans and should be made to drain towards the Frontage Street. (Required prior to the building permit issuance.) The applicant shall submit project grading and drainage plans for approval prior to the issuance of a Building permit. 4 The project site is in a flood zone, the project shall comply with the City's flood zone requirements. 5 A sanitary sewer lateral UK is required for the project in accordance with the City's standards. 6. The project plans shall show the required Bayfront Bike/Pedestrian trail and necessary public access improvements as required by San Francisco Bay Conservation and Development Commission. Sanitary sewer analysis is required for the project. The sewer analysis shall identify the project's impact to the City's sewer system and any sewer pump stations and identify mitigation measures. Submit traffic trip generation analysis for the project. Submit a traffic impact study for the project. The traffic study should identify the project generated impacts and recommend mitigation measures to be adopted by the project to be approved by the City Engineer. The project shall file a parcel map with the Public Works Engineering Division. The parcel map shall show all existing property lines, easements, monuments, and new property and lot lines proposed by the map. Pagel of 3 a:E,development\PLANNING REVIEW COMMENTS.doc P°t_BLIC WORKS DEPARTMENT ENGINEERING DIVISION A latest preliminary title report of the subject parcel of land shall be submitted to the Public Works Engineering Division with the parcel map for reviews. Map closure/lot closure calculations shall be submitted with the parcel map. A� The project shall submit a condominium map to the Engineering.Divisions in accordance with the requirements of the Subdivision Map Act. The project shall, at its own cost, design and construct frontage public improvements including curb, gutter, sidewalk and other necessary appurtenant work. The project shall, at its own cost, design and construct frontage streetscape improvements including sidewalk, curb, gutters,parking meters and poles, trees, and streetlights in accordance with streetscape master plan. 16 By the preliminary review of plans, it appears that the project may cause adverse impacts during construction to vehicular traffic, pedestrian traffic and public on street parking. The project shall identify these impacts and provide mitigation measure acceptable to the City. 17 The project shall submit hydrologic calculations from a registered civil �. engineer for the proposed creek enclosure. The hydraulic calculations must show that the proposed creek enclosure doesn't cause any adverse impact to both upstream and downstream properties. The hydrologic calculations shall accompany a site map showing the area of the 100-year flood and existing improvements with proposed improvements. n�Any work within the drainage area, creek, or creek banks requires a State Department of Fish and Game Permit and Army Corps of Engineers Permits. s_ > No construction debris shall be allowed into the creek. The project shall comply with the City's NPDES permit requirement to prevent storm water pollution. The project does not show the dimensions of existing driveways, re- submit plans with driveway dimensions. Also clarify if the project is proposing to widen the driveway. Any widening of the driveway is subject to City Engineer's approval. The plans do not indicate the slope of the driveway, re-submit plans showing the driveway profile with elevations Page 2 of 3 t;_ development\PLANNING REVIEW CON VIENTS.doc LIC WORKS DEPARTMENT ENGINEERING DIVISION The back of the driveway/sidewalk approach shall be at least 12" above .� the flow line of the frontage curb in the street to prevent overflow of storm water from the street into private property. For the takeout service, a garbage receptacle shall be placed in front. The sidewalk fronting the store shall be kept clean 20' from each side of the property. ® For commercial projects a designated garbage bin space and cleaning area shall be located inside the building. A drain connecting the garbage area to the Sanitary Sewer System is required. Page 3 of 3 .A-;developmentTLANNING REVIEW COMMENTS.doc FMM7 Project Comments Date: November 22, 2006 To: ❑ City Engineer ❑ Recycling Specialist (650) 558-7230 (650) 558-7271 ❑ Chief Building Official W Fire Marshal (650) 558-7260 (650) 558-7600 ❑ City Arborist ❑ NPDES Coordinator (650) 558-7254 (650) 342-3727 ❑ City Attorney From: Planning Staff Subject: Request for application for design review and special permit for basement for a new, two-story single family dwelling and detached garage at 2212 Hillside Drive, zoned R-1, APN: 027-165-100 Staff Review: November 27, 2006 Provide a residential fire sprinkler throughout the residence. 1. Provide a minimum 1 inch water meter. 2. Provide backflow prevention device/double check valve assembly— Schematic of water lateral line after meter shall be shown on Building Plans prior to approval indicating location of the device after the split between domestic and fire protection lines. 3. Drawings submitted to Building Department for review and approval shall clearly indicate Fire Sprinklers shall be installed and shop drawings shall be approved by the Fire Department prior to installation. RECEIVED NOV 2 q 2006 CITY OF BURLINGAME PLANNING DEPT. Reviewed by: Date: Project Comments Date: November 22,2006 To: ❑ City Engineer X Recycling Specialist (650)558-7230 (650)558-7271 ❑ Chief Building Official ❑ Fire Marshal (650)558-7260 (650)558-7600 ❑ City Arborist ❑ NPDES Coordinator (650)558-7254 (650)342-3727 ❑ City Attorney From: Planning Staff Subject: Request for application for design review and special permit for basement for a new, two-story single family dwelling and detached garage at 2212 Hillside Drive,zoned R-1,APN:027-165-100 Staff Review: November 27,2006 Applicant shall submit a Recycling and Waste Reduction Plan for approval, and pay a recycling deposit for this and all covered projects prior to construction or permitting. Reviewed by: Date: ,1�2-7/1)(0 Project Comments Date: August 2, 2006 To: City Engineer 10" Recycling Specialist (650) 558-7230 (650) 558-7271 110� Chief Building Official Fire Marshal (650) 558-7260 (650) 558-7600 1110' City Arborist NPDES Coordinator (650) 558-7254 (650) 342-3727 City Attorney From: Planning Staff Subject: Request for design review for a new two-story dwelling and detached garage at 2212 Hillside Drive, zoned R-1, APN: 027-165-100 Staff Review: August 7, 2006 1) Any construction project in the City, regardless of size, shall comply with the City NPDES permit requirement to prevent stormwater pollution including but not limited to ensuring that all contractors implement construction Best Management Practices (BMPs) and erosion and sediment control measures during ALL phases of the construction project (including demolition). Include appropriate stormwater BMPs as Project Notes. These BMPs include but are not limited to the following: • Store, handle, and dispose of construction materials and wastes properly to prevent contact and contamination of stormwater; • Control and prevent the discharge of all potential pollutants, including pavement cutting wastes, paints, concrete, petroleum products, chemicals, wash water or sediments, and non-stormwater discharges to storm drains and watercourses; • Use sediment controls or filtration to remove sediment when dewatering site and obtain all necessary permits; • Avoid cleaning, fueling, or maintaining vehicles on-site except in a designated area where wash water is contained and treated; • Protect adjacent properties and undisturbed areas from construction impacts using vegetative buffer strips, sediment barriers or filters, dikes, mulching, or other measures as appropriate; • Perform clearing and earth moving activities only during dry weather; • Limit and time application of pesticides and fertilizers to prevent polluted runoff; • Limit construction access routes and stabilize designated access points; • Avoid tracking dirt or other materials off-site; clean off-site paved areas and sidewalks using dry sweeping method; • The Contractor shall train and provide instruction to all employees and subcontractors regarding the construction BMPs. 1 of 2 Project Comments Con't — 2212 Hillside Dr., NFSD-2 story with detached garage 2) The public right of way/easement shall not be used as a construction staging and/or storage area and shall be free of construction debris at all times. The easement shall be protected from any site runoff. 3) Implement Erosion and Sedimentation Controls (if necessary): a. Install and maintain all temporary erosion and sediment controls continuously until permanent erosion control have been established; b. Address method(s) for diverting on-site runoff around exposed areas and diverting off-site runoff around the site; c. Address methods for preventing erosion and trapping sediment on-site. 4) Provide notes, specifications, or attachments describing the following: a. Construction, operation and maintenance of erosion and sediment control measures, including inspection frequency; b. Methods and schedule for grading, excavation, filling, clearing of vegetation, and storage and disposal of excavated or cleared material. Brochures and literatures on stormwater pollution prevention and BMPs are available for your review at the Planning and Building departments. Distribute to all project --� proponents. For additional assistance, contact Eva J. at 650/342-3727. Reviewed by: fiJ Date: 06/12/06 2of2 RESOLUTION APPROVING CATEGORICAL EXEMPTION, DESIGN REVIEW AND SPECIAL PERMITS RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for design review and special permits for basement ceiling height and exit from a basement for a new, two-story single family dwelling with a basement and detached garage at 2212 Hillside Drive zoned R-1 Kendrick Li 163 Louise Lane San Mateo CA, 94403, property owner, APN: 027-165-100; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on March 26, 2007, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that: 1 . On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this commission, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, and categorical exemption, per CEQA Article 19, Section: 15303, Class 3 — (a) construction of a limited number of new, small facilities or structures including (a) one single family residence or a second dwelling unit in a residential zone. In urbanized areas, up to three single-family residences maybe constructed or converted under this exemption, is hereby approved. 2. Said design review and special permits are approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such design review and special permits are as set forth in the minutes and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. Chairman I, , Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 26th day of March, 2007 by the following vote: Secretary EXHIBIT "A" Conditions of approval for categorical exemption, design review and special permits. 2212 Hillside Drive Effective April 5, 2007 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped March 14, 2007, sheets DD-1 through DD-7.0, and that any changes to building materials, exterior finishes, footprint or floor area of the building shall require an amendment to this permit; 2. that any street tree roots of one inch diameter or larger that are encountered during installation of the new sidewalk and driveway are not to be damaged or cut prior to inspection and approval by the City Arborist or the Park Department Supervisor; 3. that windows shall be simulated true divided lite; 4. that an automatic gate shall be installed in the driveway a minimum 20'-0' back from the front property line; 5. that all skylights shall be tinted to reduce night glare; 6. that the property owner shall be responsible for implementing and maintaining all tree protection measures as defined in the arborist report prepared by Arborlogic Consulting Arborists, dated August 3, 2006; 7. that the conditions of the City Arborist's March 21, 2007 memo, the Chief Building Official's November 27, 2006 memo, the City Engineer's November 27, 2006 memo, the Fire Marshal's November 29, 2006 memo, the Recycling Specialist's November 27, 2006 memo, and the NPDES Coordinator's June 12, 2006 memo shall be met; 8. that demolition for removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 9. that any changes to the size or envelope of the basement, first or second floors, or garage, which would include adding or enlarging a dormer(s), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to Planning Commission review; 10. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners and set the building footprint; 11. that prior to underfloor frame inspection the surveyor shall certify the first floor elevation of the new structure(s) and the various surveys shall be accepted by the City Engineer; -2- EXHIBIT "A" Conditions of approval for categorical exemption, design review and special permits. 2212 Hillside Drive Effective April 5, 2007 12. that prior to scheduling the framing inspection, the project architect, engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury. Certifications shall be submitted to the Building Department; 13. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Department; 14. that prior to final inspection, Planning Department staff shall inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans; 15. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single termination and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; �-- 16. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 Edition, as amended by the City of Burlingame; 17. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 18. that during demolition of the existing residence, site preparation and construction of the new residence, the applicant shall use all applicable "best management practices" as identified in Burlingame's Storm Water Ordinance, to prevent erosion and off-site sedimentation of storm water runoff; 19. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; and 20. that the project is subject to the state-mandated water conservation program, and a complete Irrigation Water Management Plan must be submitted with landscape and irrigation plans at time of permit application. -3- r 7 CITY BURLINGAME PLANNING DEPARTMENT BURLINGAME 501 PRIMROSE ROAD BURLINGAME,CA 94010 � .r ref ti 016H16504325 TEL:(650)558-7250•(650)696-3790 ,. �-�4 www.burlingame.org $00.240 Mailed From 94410 f ' Site: 2212 HILLSIDE DRIVE US POSTAGE The City of Burlingame Planning Commission announces PUBLIC HEARING the following public hearing on Monday, March 26, NOTICE 2007 at 7:00 P.M. in the City Hall Council Chambers, 501 Primrose Road, Burlingame, CA: Application for design review and special permits for a new,two-story single family dwelling with a basement and detached garage at 2212 HILLSIDE DRIVE zoned R-1. (APN 027-165-100) Mailed: March 16,2007 - (Please refer to other side) CITY OF BURLINGAME A copy of the application and plans for this.`,project may be reviewed prior to the meeting at the Planning Department at 501 Primrose Road, Burlingame, California. If you challenge the subject applications) in court, you may be limited to raising only those issues you or someone else raised at the public hearing, described in thenotice or in written correspondence delivered to the city at or prior to the public hearing. Property owners who receive this notice are responsible for informing their tenants about this notice.. For additional information, please call (650) 558-7250.Thank you. Margaret Monroe City Planner PUBLIC HEARING NOTICE (Please refer to other side) ,!f v' ,a p"- 1 �� •�y� h'v bz w,. i• � r V' \T \ �'}� 4Y. r a +w r • y y . � B"'' A y� ,Edi, w.t4:,• +i�: y f y?e s S Y, }T";,�r' � � iii►. `���'�'�: � `� - � :_�, � �_ '' >� � w�� 3 _ fa. yr - k e a ' L .. f r ` �v y v Nw � ��'�rv> � "`� >., i,✓'�� X� � ' �!�' t �a Qom.., s��`= �vti .. 'T RESOLUTION NO. RESOLUTION APPROVING CATEGORICAL EXEMPTION, DESIGN REVIEW AND SPECIAL PERMITS RESOLVED, by the CITY COUNCIL of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for design review and special permits for basement ceiling. height and exit from a basement for a new, two-story single family dwelling with a basement and detached garage at 2212 Hillside Drive zoned R-1 Kendrick Li 163 Louise Lane San Mateo CA, 94403, property owner, APN: 027-165- 100; WHEREAS, the Planning Commission held a public hearing on said application on March 26, 2007, at which time said application was approved; WHEREAS, said matter was appealed to City Council and a hearing thereon held on May 7, 2007, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is RESOLVED and DETERMINED by this Council that: 1 . On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this commission, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, and categorical exemption, per CEQA Article 19, Section: 15303, Class 3 — (a) `— construction of a limited number of new, small facilities or structures including (a) one single family residence or a second dwelling unit in a residential zone, is hereby approved. 2. Said design review and special permits are approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such design review and special permits are as set forth in the minutes and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. Mayor I, Doris Mortensen, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 7th day of May, 2007 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: �- ABSENT: COUNCILMEMBERS: EXHIBIT "A" Conditions of approval for categorical exemption, design review and special permits. 2212 Hillside Drive Effective May 7, 2007 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped March 14, 2007, sheets DD-1 through DD-7.0; that any changes to building materials, exterior finishes, footprint or floor area of the building shall require an amendment to this permit; that the spiral staircase from the sunken garden shall be eliminated and replaced with a ladder per California Building Code requirements; and that the only lighting along the left side shall be landscape lighting directed to the ground, with the cone of light kept on the site as required in the Burlingame Ordinance; 2. that any street tree roots of one inch diameter or larger that are encountered during installation of the new sidewalk and driveway are not to be damaged or cut prior to inspection and approval by the City Arborist or the Park Department Supervisor; 3. that all windows shall be simulated true divided lite windows with a grid pattern and these windows shall be reviewed by the Planning Commission as an FYI item before issuance of a building permit; 3. that an automatic gate shall be installed in the driveway a minimum 20'-0' back from the front property line; -. 4. that all skylights shall be tinted to reduce night glare; 5. that the property owner shall be responsible for implementing and maintaining all tree protection measures as defined in the arborist report prepared by Arborlogic Consulting Arborists, dated August 3, 2006; 6. that the conditions of the City Arborist's March 21, 2007 memo, the Chief Building Official's November 27, 2006 memo, the City Engineer's November 27, 2006 memo, the Fire Marshal's November 29, 2006 memo, the Recycling Specialist's November 27, 2006 memo, and the NPDES Coordinator's June 12, 2006 memo shall be met; 7. that demolition for removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 8. that any changes to the size or envelope of the basement, first or second floors, or garage, which would include adding or enlarging a dormer(s), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to Planning Commission review; 9. that prior to scheduling the foundation inspection a licensed surveyor shall locate the -� property corners and set the building footprint; -2- EXHIBIT "A" Conditions of approval for categorical exemption, design review and special permits. 2212 Hillside Drive Effective May 7, 2007 10. that prior to underfloor frame inspection the surveyor shall certify the first floor elevation of the new structure(s) and the various surveys shall be accepted by the City Engineer; 11. that prior to scheduling the framing inspection, the project architect, engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury. Certifications shall be submitted to the Building Department; 12. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Department; 13. that prior to final inspection, Planning Department staff shall inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans; 14. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a `— single termination and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 15. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 Edition, as amended by the City of Burlingame; 16. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 17. that during demolition of the existing residence, site preparation and construction of the new residence, the applicant shall use all applicable "best management practices" as identified in Burlingame's Storm Water Ordinance, to prevent erosion and off-site sedimentation of storm water runoff, 18. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; and 19. that the project is subject to the state-mandated water conservation program, and a complete Irrigation Water Management Plan must be submitted with landscape and `-- irrigation plans at time of permit application. -3- CITY OF BURLINGAME eUR® PLANNING DEPARTMENT E 501 PRIMROSE ROAD ,.• }r••: 01EH16504325 BURLINGAME, CA 94010 .� TEL: (650) 558-7250 0 (650) 696-3790 00 .9AO www.burlingame.org Ld is• T" V' 7� .Y• V r maned From y4U1U US POSTAGE Site: 2212 HILLSIDE DRIVE The City of Burlingame City Council announces the following PUBLIC HEARING public hearing on Monday, May 7, 2007 at 7:00 P.M. in NOTICE the City Hall Council Chambers, 501 Primrose Road, Burlingame, CA: Appeal to the City Council of the Planning Commission's decision on an application for design review and special permits for a new, two-story single family dwelling with a basement and detached garage at 2212 HILLSIDE DRIVE zoned R-l . (APN 021-165-100) Mailed: April 27, 2007 (Please refer to other side) CITY OF BURLINGAME A copy of the application and plans for this project may be reviewed prior to the meeting at the Planning Department at 501 Primrose Road, Burlingame, California. If you challenge the subject application(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing, described in the notice or in written correspondence delivered to the city at or prior to the public hearing. Property owners who receive this notice are responsible' for informing their tenants about this notice. For additional information, please call (650) 558-7250. Thank you. Margaret Monroe City Planner PUBLIC HEARING NOTICE (Please refer to other side) BURLINGAIalE STAFF REPORT AGENDA ITEM # 6b MTG. DATE 05.07.07 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTE BY DATE: APRIL 25, 2007 APPR D FROM: CITY PLANNER BY SUBJECT: INTRODUCTION OF AND PUBLIC HEARING OPG AN ORDINANCE TO AMEND TITLE 22 OF THE MUNICIPAL CODE TO UPDATE THE SIGN REGULATIONS RECOMMENDATION: The City Council should review the proposed ordinance which would amend the provisions of the sign code, and introduce and hold a public hearing on the ordinance. Following the Council comments and public hearing, the City Council should set the item for a second public hearing and the second reading of the ordinance at the Council meeting of May 21 , 2007. Following the public hearing, the following Council actions should be taken to introduce the ordinance: 1 . Request the City Clerk to read the title of the proposed ordinance. 2. Make a motion to waive further reading of the ordinance. 3 . Make a motion to introduce the ordinance. 4. Direct the City Clerk to publish a summary of the ordinance at least 5 days before the proposed adoption. Set a date for second reading (May 21 , 2007) BACKGROUND: The City's current sign code was adopted in 1977. Over the years, the standards of the sign code have served the city well, providing a balance between the needs of businesses to advertise and the need to regulate the size and location to reflect the aesthetic values of the community. In 2001 , the City's present sign code was amended to address some issues raised by the courts on the regulation of signs. The first change reflected the need to establish equity in the amount of signage allowed on each property in the same zone. To address this issue, the sign code was amended to limit the ability to grant exceptions to the allowable total sign area provisions of the sign code. In the past, a sign exception could be granted for size, location on the site and height. With the 2001 amendment, a sign variance allows only changes in location, number and height of signs on a property. The overall sign area on a site cannot be increased using the variance process. With this provision, each property owner is given equal treatment on how much overall square footage of signage is allowed on a site. In addition, the City's present sign code was amended to allow for "noncommercial" signage to be displayed on a property. This amendment was made based on case law which established that a community cannot regulate signs based on their content. The purpose of this change is to address the constitutional right of free speech and allow messages on signs that are not commercial in nature, but express an opinion. These messages would be allowed in place of a commercial sign, within the size, height and location regulations of each zoning district. Such "noncommercial" free speech signs are not considered to be off-premise signage. Off-premise signage is signage that advertises a business which is not present on the site, or a product which is not made or sold on the site. Introduction of an Ordinance to Amend Title 22 of the Burlingame Municipal Code,Sign Regulations May 7,2007 After these changes to the present sign code had been implemented, it was determined that a comprehensive look at the sign code regulations for the entire city was needed. Over the years, sign exceptions had been granted which have allowed larger signs on properties than would now be allowed under the 2001 amendments; and it became apparent that when the maximum allowed signage went back to the 1977 requirement, some uses would not have appropriate signage. The Planning Commission appointed a sign code update subcommittee' to look at the existing sign environment and determine an appropriate and equitable way to regulate sign size and location for each zone. The sign subcommittee toured the community and evaluated the existing sign environment. They found that some of the existing signage works well. However, there are examples of signs that are either too big or too cluttered. In addition, Planning staff researched available Planning literature on different approaches to regulating signage and looked at regulations used in other communities. Based on the information gathered, the subcommittee came up with an approach that they felt would work in Burlingame. Two versions of the sign regulations are attached for your review: the proposed sign code update in its entirety and an annotated version which shows the existing sign code provisions next to the proposed revisions along with comments about the changes. Summary of the Proposed Sign Code Update The highlights of the proposed sign code update are outlined below. Size of signs allowed on a street frontage should be based on the speed of travel on that street: Studies done on the effectiveness of signs have shown that the ability to read a sign varies depending on the location and the speed of travel on the street on which it is located. On streets such as Burlingame Avenue and Broadway, where traffic speed is slower and there is a lot of pedestrian traffic, signs do not need to be as big as signs on El Camino Real and California Drive, where cars are traveling at higher speeds and people passing by have less time to read them. In the draft sign code regulations, the size of signs allowed are varied within a particular zone depending on its street frontage. No longer a distinction between 'primary" and "secondary"frontages: Street frontage for signage is defined the same; but the sign area allocation is based on the speed of travel along the street frontages. Frontages that are defined by parking lots or alleys rather than street frontages would get a similar allocation to a street with the slowest travel speeds. Encourage the use of monument signs instead of pole signs in the Rollins Road and Bayfront areas: During the sign tour, subcommittee members noted that monument signs seem to be more effective because the driver can view them at eye level, and also noted that monument signs can be more attractive than pole signs. The revised regulations prohibit pole signs on certain streets, and offer incentives for providing monument signs throughout the Rollins Road and Bayfront areas. Allow larger signs and pole signs in the Adrian Road Auto Row area: The sign code subcommittee recognized that for "way finding", it will be important for signs in the Adrian Road area to be visible from the freeway. Therefore, increased sign area and the use of pole signs is proposed in this area. ' Sign code update subcommittee members during the two-year time frame included: Planning Commissioners Brownrigg, Osterling,Bojues,Cauchi(replaced Bojues),and Terrones(replaced Brownrigg) ;and Council members Baylock,Nagel and Cohen(replaced Baylock and Nagel). -2- Introduction of an Ordinance to Amend Title 22 of the Burlingame Municipal Code,Sign Regulations May 7,2007 Location of wall signs on a building would be allowed on any "signable area" of the wall and height on a wall would not be restricted: The current sign code limits the amount of signage allowed above the first floor of a building. It was noted that in many cases, such as the taller buildings in the Bayfront area, it is more appropriate to place the signs near the top of the building, so they can be read from a distance. The proposed sign code regulations would allow the signs to be placed anywhere on a wall that is considered to be "signable area", meaning an area free of architectural features, within the size regulations allowed for the street frontage. Roof signs would continue to be prohibited. Increase in the number and size of signs allowed for multi family residential uses: The subcommittee felt that for larger multi-family sites, it might be appropriate to allow more signs to allow for identification at each driveway entrance. For instance, the North Park Apartments had been granted a sign exception for number and size of signs. Because there are different driveway entrances into the site, the subcommittee felt that the size and location of signage granted in that sign exception was appropriate for that size and type of site, and should be incorporated into the revised regulations as permitted signage for that type of development. Area of freestanding signs would be calculated separately from the combined allowable area for wall, projecting and awning signs: This change will address an issue which has arisen on multi-tenant sites, such as the Burlingame Plaza Shopping Center, where each tenant is allowed a certain sign area, but there is no separate provision for providing overall site identification. The size and number of freestanding signs would be based on the length of the parcel frontage, and the size and number of tenant signs would be based on the length of the tenant space frontage. In the C-1 District (where the Burlingame Plaza Shopping Center is located) one freestanding monument sign for common signage would be allowed on each parcel frontage which is 150 feet or more in length. Off-premise advertising would continue to be prohibited: The current code prohibits all off-premise advertising, meaning that only signs advertising a business on a particular site are allowed (as well as signs containing a non-commercial message). Traditionally, sign codes have included this provision in order to prohibit "billboards". The sign code subcommittee reviewed the issue, and determined that the current prohibition on off-premise advertising has worked well, and they didn't want to open up the issue at this time. Planning Commission Action: At their meeting on April 9, 2007, the Planning Commission held a public hearing and voted 7-0 to recommend to the Council approval of the negative declaration prepared for the project and of the proposed sign code update. In their action, the Commission noted that there is a consensus that the work done on the sign code update is well done and the subcommittee was thorough in its work, and that the current proposal should move forward to the City Council for action. At the meeting, Mark Hudak spoke, representing the owner of the property on Bayshore Highway which includes Max's Opera Cafe and Holiday Inn Express. There is an existing pole sign on this property which is shared by the two businesses which are now located on a single parcel. The owner is considering filing a parcel map to split the property into two parcels. The current pole sign would then be on one of the new parcels. Under both the current sign code and the proposed sign could, it would no longer be legal for the business on the other parcel to have advertising on the pole sign because it would become off-premise advertising. Mr. Hudak suggested that language be added to the sign code that would grandfather such existing signs when a property was split. -3- Introduction of an Ordinance to Amend Title 22 of the Burlingame Municipal Code,Sign Regulations May 7,2007 The Planning Commission noted that there were some aesthetic issues regarding a shared pole sign, and if the property division required them to add more signs, it would become cluttered, so it may be appropriate to consider combination signage under certain special circumstances such as this. The Planning Commission also discussed the idea of expanding the area where pole signs would be allowed to include areas adjoining freeway interchanges. The Planning Commission decided that this shared pole sign issue should be sent back to staff for more study and possible future amendment to the new sign code, but in fairness to all properties in the City, the Commission wanted to move forward with the proposed sign code update as drafted. Negative Declaration: Because the update to the sign code in some cases may result in larger signs or more signs allowed on a site, it was determined that the code amendment is subject to the requirements of the California Environmental Quality Act (CEQA). Therefore, an Initial Study was prepared. Based on the Initial Study, a Negative Declaration has been proposed and was reviewed by the Planning Commission and recommended to the City Council. This document was sent to the County Clerk's Office for posting. As presented, it has been determined that the proposed project can be addressed by a Negative Declaration since the Initial Study did not identify any adverse impacts caused by the changes to the sign code. Aesthetics was the only area of potential concern. It was determined that the new regulations will adequately address any potential aesthetic impacts (refer to attached Mitigated Negative Declaration No. 544-P) because there will continue to be overall limitations on size, height and placement of signs. ATTACHMENTS: Planning Commission Minutes, April 9, 2007 Letter from Mark Hudak dated April 4, 2007 Notice of Public Hearings, Mailed April 27, 2007 Planning Commission Staff Report and attachments Annotated Version of the Proposed Sign Code Update comparing existing sign code to proposed revisions Ordinance Proposing Adoption of a Revised Title 22 (Sign Code) -4- CARR McCLELLAN INGERSOLL THOMPSON & HORN Professional Law Corporation Mark D. Hudak mhudak@carr-mcclellan.com MUNICATIApril 4,2007 COM 01lAFTER PREM RATION NRECEIVED OF STAFF REPORT Planning Commission City of Burlingame 501 Primrose Road Burlingame, CA 94010 Re: Amendments to Sign Ordinance Dear Commissioners: In recent weeks,the City Council and staff have made public promises about making Burlingame more"business-friendly." There seems to be a growing recognition of the level of financial `— contribution made by the business community through sales taxes and transit occupancy taxes and an acknowledgement that these taxes makes it possible for the City to offer its residents many of the facilities and services that make Burlingame special. But the City needs to offer more than a slogan and a promise. Too often, a new business venture is met with a litany of reasons why something will not work. If this is a serious change in approach, the City needs to have the attitude that it will work with business owners to find a way to make their ventures succeed. The Commission has a good opportunity to put the"business-friendly"policy into action on April 9. As you will see from my prior letter to Larry Anderson, I have been working with the owners of the property that includes the Holiday Inn Express and Max's Restaurant on Old Bayshore Highway. The ownership group wants to remove the pool that is situated in front of the hotel and replace it with parking and landscaping. This will benefit both businesses and will upgrade the appearance of the property. To finance these improvements,the owners will probably need to split the lot into two conforming lots. The only holdup is signage. For years,the businesses have utilized a single sign that is visible from the freeway. If the property is split, one lot will end up having the sign. Technically,the business located on the other lot would not be able to use the sign any longer. That would be fatal for whichever business lost its signage, and so we have not been able to proceed with the project. P 650.342.9600 216 Park Road • Burlingame • California 94010 F 650.342.7685 www.carr-mcciellan.com Planning Commission --� April 4,2007 Page 2 To correct this anomaly, we have proposed a simple grandfathering clause as part of the overall revisions to the sign ordinance. This provision would preserve existing signage when a property is split, so that both properties could continue to use it. It would not authorize any new signage, nor would advertising for businesses located on other properties be permitted. From the public's standpoint,this provision would do no harm: the provision would apply to very few properties and it would be difficult for anyone to tell when it had been applied. From the business community's standpoint,this small change would have significant benefits. What, then, is the objection? I hope that you will review my earlier letter in this context. I am also enclosing a letter from the owner of Max's Restaurant regarding the importance this proposed addition to the new sign ordinance. I will be appearing at the meeting on April 9 to discuss this with you. In the meantime,please call me with any questions. Sincere Mark D. Hudak -� MDH:os Enclosure cc: Client(w/encl.) City Manager(w/encl.) City Attorney(w/encl.) City Planner(w/encl.) 26944.00001\BGLIB 1\1326749.1 O4-Ol-Oi Il ai�a Fran-MrX'r Accountinr 6SOBi36462 T-201 P.002/DD3 F-468 40000000 MAX'S OPERA CAFE`"'•MAX'S DINER-•MAX'S"•SWEET MAX'S`"'•MAX'S MARKET" MAX'S BAKERY&KITCHEN""•MAX'S DIAMOND GRILL' �am ~YY Apiil 3,2007 Chairperson and Commissions planning Commission city of Budingame Re: Sign Ordinance Changes Gentleman I am the pmsident of Max's Rtstmuants which owns and operates Man's Restaurant and Bar at 1250 Old Baysboic I iighway,Burlingame,adjacent to the Holiday hx1 Express hotel. Our restaurant has been it popular dining and meeting spot in that location for over 20 years. we pride ourselves for Involvement with arld service to the loo61 almmunity sad we look forward m contim»ag that mlationship for a Ion time into the f rt uc. We have just recently completed a$400,000 renovation of our msmaant as a symbol of our Continuing comtnitm=t:to the community. It is our understanding that our landlord,which is also the owmu of the adjacent hotel,is working on a plan to subdivide its current land parcel into two parcels,including one for the hotel and one for the restaurant. We further understand that the subdivision is an ossential part of a plan"will gently benefit our business. One problem our businew has always faced at this locstim is that when both the hotel and the restaurant arc bury convenient parking is a challenge fox our guests. Even when the hotel lot is vu4wlly empty the lack of parking in the front ams nearest the mstantairt entry forces our guests to park far away(generally behind the hotel)and to walk to the restaurant entry. This can have an adverse impact on our business with both guests for whom a long walk is difficult and for all guimt on days when the weather is nasty. The landlord's plan would elimirnte the swinuuing pool at The front of the howl,which is almost never used and detracts from the look and stature of both the hotel and the restaurant by malting the compiex look tike sn old roadside motel The pool ams would then be redeveloped into parking spaces with a total increase of 32—35 spaces.Landscaping in the fimil arca of bath lots would also be expended and enhanced which we w4enawod is consistent with the City's Coals. From Max's standpoint these new spaces would be extremely valuable since they would alleviate the occasional parting shortage issue and would more than double the number of spaces mar the frout door entry to our restaurant_ It is our undmstanding that the landlord's plan tray not be able proceed as a result of current code regulations for property Identification signs. Our restaurant business and the 120 Fast Grand Avo.,South San Frandwo,CA 94080 TEU v6D.873.MAXS(62" FAX:650.873.6461 04-04-07 I1ATam From-Mar'i Accountins 6508736462 T-201 P.003/003 F-468 hotel=eolly share a large structure that contains sopa rate'signs for to howl and for Man's. We are told that if the land is subdivided a problem wilt arise since the ordnance does not allow a sign on one party's land to serve as the property identification sign for an w*cat parcel. Further,if Mar's or the hotel was W band a new sign on its own land pared the sign would Deod to be considerably smaller. This would not be acceptable for tither the hotel or the real urant since a snralla sign Would ekarly have a negative impact on whichever bustnrss was forced to have iL Unless this problem is solved the subdivision will not occur and neither will the important perking and landscaping a mdoos,and removal the unattractive pool. it is our understanding that the commission is considering changes to the orckmance. We WP that you approve a change tlael will allow for existing signs that cufrendy service mora than one business to remain in place in a grandfathered status wbether the businesses are all on the same pwcel or ate on adjacent parcels. 71iis change would allow our 1xvibid's very beneficial project to proceed. We see absolutely no way is which the city of Burlingame or any of its residents and guests would suffer any negative impact from this,but,as dish above,acv business,out eutt®ers,and oommuoity members driving past the site and seeing the additional landscaping and improved look,would tll benefit. Tn fact,since our restmannt business would likely increase due to the improved look and parking availability,the city would likely earn additional revenue due to increased sales levels r2 the resumant — h thank you for your consideration of this issue that is of great impormwe to Mar's. Pica= do Dot hesitate to call me directly if you have any questions or need additional information. Sincerely s World r Dennis Bedcowit2 President City of Burlingame Planning Commission Unapproved Minutes April 9, 2007 6. AMENDMENT TO THE MUNICIPAL CODE TO UPDATE TITLE 229 SIGNS, TO ESTABLISH NEW REGULATIONS FOR SIGNS - PROJECT PLANNER: MAUREEN BROOKS (20 NOTICED AND NOTICED IN SAN MATEO COUNTY TIMES) Reference staff report 4/09/07, with attachments. SP Brooks presented the report, reviewed the proposed sign update and staff comments. Commissioners asked how news rack signage is addressed. Staff noted that there is a separate section of the code which addresses news racks, including what can be displayed on the news rack. Clarify that off premise advertising is currently prohibited by the existing code? Yes. Chair Brownrigg opened the public hearing. Mark Hudak, 216 Park Road, Wayne Levenfeld, representing property at 1250 Bayshore Highway, and Dennis Zell, 1800 Ashton, spoke. Issues raised: proposed sign code does not address all situations such as an existing pole sign advertising two properties when the property is divided, can no longer advertise both businesses; suggest that language be added that would grandfather such existing signs; sign at 1250 Bayshore was installed in 1960's when original hotel and restaurant were built; be sure revised sign code addresses first amendment protected speech issues. There were no further comments and the public hearing was closed. Commissioner comment: concerning issue of shared pole signage being limited to one business if property is divided is a unique situation; would not want to see more clutter by adding more signs, might consider expanding the area where pole signs are allowed to areas adjoining freeway interchanges; there appears to be a consensus that the work done on the sign code update is well done and the current proposal should move ahead; thank the members of the subcommittee for all the hard work they have put into this; should go forward with ordinance and send the issue of this particular situation back for more study, including whether `-- a special area for pole signs should be considered near freeway off ramps. C. Brownrigg moved to recommend approval of the negative declaration and the proposed sign code update to the City Council for action. The motion was seconded by C. Deal. Chair Brownrigg called for a voice vote on the motion to approve. The motion passed on a 7-0 vote. Appeal procedures were advised. This item concluded at 9:04 p.m. 7. DETERMINATION ON TH DESIGNATION OF FRONT Y ON CORNER LOTS WHICH CAN AFFECT SETBACKS IN THE GLE FAMILY RESIDENTIAL AS AND PLACEMENT OF ACCESSORY STRUCTURES (2 OTICED) PROJECT STAFF: Y ANDERSON AND GARET MONROE Refer ce staff report April 9, 2007, with attachm ts. CA Anderson presented the staf ort, noting two issues to solve: determine if a variance is required lace an accessory structure in the fro etback of a property in t area between the main entrance to the mai building and the nearest lot line; and ' ct staff on drafting ch an es to the Zoning Code to more clearly desc ' e regulations regarding accessory struc res. Commission quest s: variety of approaches in different citi some allow rear entrances, some allo developers to choose t lot front on corner lots, and on corner lots s e cities make the choice on a case by case basis; for Burlin gam on a corner lot of equal sides the initial operty owner decides the primary entrance and front setback, c of change later, on all other lots the front i e shorter street frontage. Why are we here, play structure does t require a building permit. CA noted that s structure was bigger and triggered accessory structure requir ents, has been reduced; concerned about p cedent, not want a garage in the front yard of a corner lot 7 feet fr property line, breaking the open space li for the neighborhood on the street frontage. There were no further questions of staff from the Commission. 8 CITY OF BURLINGAME PLANNING DEPARTMENT BURLINGAME 501 PRIMROSE ROAD BURLINGAME,CA 94010 • 016N16504325 TEL:(650)558-7250•(650)696-3790 "� $'',• _ www.burlingame.org 00,24U to Proposed Sign Code Update Maiied From 94010 US POSTAGE The City of Burlingame City council announces the following public hearings in the City Council Chambers at 501 Primrose Road, Burlingame, CA on the PUBLIC HEARING following dates: Monday,May 7,2007 at 7:00 p.m. NOTICE Introduction and Public Hearing Monday,May 21,2007 at 7:00 p.m. Public Hearing&Consider Adaption Public hearings to consider adoption of an amendment to Title 22 of the Burlingame Municipal Code to establish new sign regulations within the City of Burlingame. The staff report for this item&a draft of the proposed sign code is available for review at the Planning Department of 501 Primrose Road,Burlingame,CA,or on the City's website at.www.burlingame.orn. Mailed: March 30,2007 (Please refer to other side) CITY OF BURLINGAME A copy of the application and plans for this-project may be reviewed prior to the meeting at the Planning Department at 501 Primrose Road, Burlingame, California. If you challenge the subject application(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing, described in the notice or in written correspondence delivered to the city at or prior to the public hearing. Property owners who receive this notice are responsible for informing their tenants about this notice.' For additional information, please call (650) 558-7250. Thank you. Margaret Monroe City Planner PUBLIC HEARING NOTICE (Please refer to other side) City of Burlingame Item No. Amendment to the Municipal Code to Update the Sign Ordinance Action Calendar Meeting Date: 4/9/07 Proposal: Amendment to Municipal Code Title 22, Signs, consisting of a comprehensive update to the sign regulations for all zoning districts Planning Commission Action: Planning Commission should hold a public hearing and take testimony on the proposed update to the sign code. Following the public hearing the Commission may: a. Make a finding that the proposed update to the sign ordinance will have no adverse impact on the environment and recommend to the City Council adoption of the Negative Declaration; and b. Recommend the proposed ordinance to City Council for action; or C. Direct staff to make adjustments to the ordinance and refer it back to the commission for reconsideration and action. The reasons for the Commission's action on the negative declaration and the update to the sign ordinance should be clearly stated for the record. Planning Commission Study Meeting: On February 26, 2007, the Planning Commission held a study meeting regarding the sign code update (refer to attached 2/26/07 Planning Commission minutes). Commissioners expressed concern with the proposed regulation which would prohibit awnings from being �.,. internally lit, think it is too restrictive, is there a way to regulate so that the internal lights can illuminate only portions of the awning where the letters are located and no more, and the rest of the awning remain dark. Planning staff looked into the various types of internally illuminated awning available,and found that they are all designed to light up the entire awning. They are called "Back-lit awnings", and are lit using high output fluorescent lights inside the awning. The result is a highly visible sign that is larger than intended, because the entire awning becomes a part of the sign when it is lit. However, there are ways that signage on an awning could be illuminated, such as by the use of external lights directed at the sign area on the awning. Background and Summary: The City's sign code was adopted in 1977. Over the years,the standards of the sign code have served the city well,providing a balance between the needs of businesses to advertise and the need to regulate the size and location to reflect the aesthetic values of the community. In 2001, the sign code was amended to address some issues raised by the courts on the regulation of signs. The first change reflected the need to establish equity in the amount of signage allowed on each property in the same zone. To address this issue, the sign code was amended to limit the ability to grant exceptions to the allowable total sign area provisions of the sign code. In the past,a sign exception could be granted for size,location on the site and height. With the 2001 amendment, a sign variance is now required to allow only changes in location, number and height of signs on a property. However, the overall sign area on a site cannot be increased using the variance process. With this provision, each property owner is given equal treatment on how �' much overall square footage of signage is allowed on a site. Amend the Municipal Code to Update the Sign Code In addition, the sign code was amended to allow for "noncommercial" signage to be displayed on a property. This amendment was made based on case law which established that a community cannot regulate signs based on their content. The purpose of this change is to address free speech and allow messages on signs that are not commercial in nature, but express an opinion. These messages would be allowed in place of a commercial sign, within the size, height and location regulations of each zoning district. After these changes had been implemented, it was determined that a comprehensive look at the sign code regulations for the entire city was needed. Over the years, sign exceptions have been granted which have allowed larger signs on properties than would now be allowed under the 2001 amendments. The Planning Commission appointed a subcommittee to look at the existing sign environment and determine an appropriate and equitable way to regulate sign size and location for each zone. Development of Proposed Sign Code Update: The sign subcommittee toured the community and evaluated the existing sign environment. They found that some of the existing signage works well. However,there are examples of signs that are either too big or too cluttered. In addition,Planning staff researched available Planning literature on different approaches to regulating signage and looked at regulations used in other communities. Based on the information gathered, the subcommittee came up with an approach that they felt would work in Burlingame. Two versions of the sign regulations are attached for your review: the proposed sign code update in its entirety and an annotated version which shows the existing sign code provisions next to the proposed revisions along with comments about the changes. Some of the highlights of the revised sign code are listed below. Size of signs allowed on a street frontage should be based on the speed of travel on that street: Studies done on the effectiveness of signs have shown that the ability to read a sign varies depending on the location and the speed of travel on the street on which it is located. On streets such as Burlingame Avenue and Broadway,where traffic speed is slower and there is a lot of pedestrian traffic,signs do not need to be as big as signs on El Camino Real and California Drive, where cars are traveling at higher speeds and people passing by have less time to read them. In the draft sign code regulations,the size of signs allowed are varied within a particular zone depending on its street frontage. No longer a distinction between "primary"and "secondary"frontages: Street frontage for signage is defined the same; but the sign area allocation is based on the speed of travel along the street frontages. Frontages that are defined by parking lots or alleys rather than street frontages would get a similar allocation to a street with the slowest travel speeds. Encourage the use of monument signs instead of pole signs in the Rollins Road and Bayfront areas: During the sign tour, subcommittee members noted that monument signs seem to be more effective because the driver can view them at eye level, and also noted that monument signs can be more attractive than pole signs. The revised regulations prohibit pole signs on certain streets, and offer incentives for providing monument signs throughout the Rollins Road and Bayfront areas. Allow larger signs and pole signs in the Adrian Road Auto Row area: The sign code subcommittee recognized that for"way finding",it will be important for signs in the Adrian Road area to be visible from the freeway. Therefore, increased sign area and the use of pole signs is proposed in this area. -2- Amend the Municipal Code to Update the Sign Code Location of wall signs on a building would be allowed on any "signable area"of the wall and height on a wall would not be restricted: The current sign code limits the amount of signage allowed above the first �— floor of a building. It was noted that in many cases, such as the taller buildings in the Bayfront area, it is more appropriate to place the signs near the top of the building, so they can be read from a distance. The proposed sign code regulations would allow the signs to be placed anywhere on a wall that is considered to be "signable area",meaning an area free of architectural features, within the size regulations allowed for the street frontage. Roof signs would continue to be prohibited. Increase in the number and size of signs allowed for multi family residential uses: The subcommittee felt that for larger multi-family sites,it might be appropriate to allow more signs to allow for identification at each driveway entrance. For instance,the North Park Apartments had been granted a sign exception for number and size of signs. Because there are different driveway entrances into the site,the subcommittee felt that the size and location of signage granted in that sign exception was appropriate for that size and type of site, and should be incorporated into the revised regulations as permitted signage for that type of development. Area of freestanding signs would be calculated separately from the combined allowable area for wall, projecting and awning signs: This change will address an issue which has arisen on multi-tenant sites, such as the Burlingame Plaza Shopping Center,where each tenant is allowed a certain sign area,but there is no separate provision for providing overall site identification. The size and number of freestanding signs would be based on the length of the parcel frontage, and the size and number of tenant signs would be based on the length of the tenant space frontage. In the C-1 District(where the Burlingame Plaza Shopping Center is located)one freestanding monument sign for common signage would be allowed on each parcel frontage which is 150 feet or more in length. Off-premise advertising would continue to be prohibited: The current code prohibits all off-premise advertising,meaning that only signs advertising a business on a particular site are allowed(as well as signs containing a non-commercial message). Traditionally,sign codes have included this provision in order to prohibit "billboards". The sign code subcommittee reviewed the issue, and determined that the current prohibition on off-premise advertising has worked well, and they didn't want to open up the issue at this time. Planning staff would note that Mark Hudak has submitted a letter to the sign code subcommittee (refer to attached letter date stamped 1/12/07) regarding the issue of off-premise advertising. The letter specifically relates to an existing pole sign shared by Max's Opera Cafe and Holiday Inn Express. These two businesses are now located on a single parcel, so the existing sign is on-premise advertising for both businesses. However, the owner is considering filing a parcel map to split the property into two parcels. The current signage would no longer be legal for one of the businesses,because it would become off-premise advertising. The sign code subcommittee considered the information in the letter, and determined that situations like this,where the property owner decides to divide a property and create a situation where a sign becomes off- premise advertising is not sufficient reason to do away with the City-wide prohibition on off-premise signs. The proposed sign regulations would allow each of these businesses to have one freestanding monument sign in addition to an allowance for wall signs; and the nonconforming pole sign could continue to be used �. as on-premise signage for the business on the property where it is located. -3- Amend the Municipal Code to Update the Sign Code It should be noted that the regulation regarding off-premise signage cannot be changed for just this single property; the rule for off-premise signage must be consistent throughout the City. It should also be noted that the City cannot regulate the content of off-premise signs,so off-premise signage can become billboard signage advertising regional products or businesses which have no operations in the City of Burlingame. Prohibits internally illuminated awnings: The current sign code allows all types of illumination for signs. The only proposed change to illumination regulations is for awnings. When an awning is internally illuminated, the entire awning becomes prominent, even though the lettering is only on a small portion of the awning. Therefore, it was determined that awnings could be unlit, or only lit by an exterior source which is directed towards the awning. It should be noted that many of the provisions of the sign code would remain unchanged. The 2001 amendments to the sign code have been incorporated into the proposed sign code,as well as changes which were made to the Bayfront area sign regulations in 2004. Establishes an investigation fee for work done without a permit: The Burlingame Municipal Code was recently amended to establish a process for collecting fees when it is found that work has been done without a building permit. A similar process has been incorporated into the proposed sign code(refer to Section 22.06.080, Investigation Fees, Work without a permit). As proposed for building permits, the investigation fee may be up to ten times the sign permit fee. The fee shall be based on the staff time reasonably required to resolve all of the issues related to work that has been performed without a permit. Negative Declaration: Because the update to the sign code in some cases may result in larger signs or more signs allowed on a site, it was determined that the code amendment is subject to the requirements of the California Environmental Quality Act(CEQA). Therefore,an Initial Study was prepared. Based on the Initial Study, a Negative Declaration has been proposed for review by the Planning Commission. This document has also been sent to the County Clerk's Office for posting. As presented,it has been determined that the proposed project can be addressed by a Negative Declaration since the Initial Study did not identify any adverse impacts. Aesthetics was the only area of potential concern. It was determined that the new regulations will adequately address any potential aesthetic impacts (refer to attached Mitigated Negative Declaration No. 544-P). Maureen Brooks Senior Planner Attachments: Planning Commission Minutes, 2/26/07 Letter from Mark Hudak dated January 22, 2007 Negative Declaration Public Notice Proposed Sign Code Update, Title 22, Signs Annotated version comparing existing sign code to proposed revisions -4- City of Burlingame Planning Commission Unapproved Minutes February 26, 2007 12. AMENDMENT TO THE MUNICIPAL CODE TO UPDATE TITLE 22, SIGNS, TO ESTABLISH NEW REGULATIONS FOR SIGNS-PROJECT PLANNER:MAUREEN BROOKS(NOTICED IN SAN �- MATEO COUNTY TIMES) SP Brooks briefly presented the project description,noting that the subcommittee had been working on the sign code update for two years now,had studied the existing sign environment and made recommendations on what works and what does not work. Subcommittee came up with the new regulations based on a new approach which determines the overall square footage of signs allowed based on the speed of travel of the street or public way on which the signs are located. Commissioners commented on the letter from Mark Hudak regarding the existing pole sign shared by Holiday Inn Express and Max's Opera Cafe, and asked if there is a way that this signage could be"grandfathered"under the new code. Planning staff clarified that the pole sign itself is now nonconforming and can continue to be used. However,the off-premise advertising issue would be created by the property when the property is divided and the existing two businesses are no longer on one parcel. This is not a nonconforming situation,but a new situation which would be created by the property owner's action subdividing the property. Commissioners expressed concern with the proposed regulation which would prohibit awnings from being internally lit,think it is too restrictive,is there a way to regulate so that the internal lights can illuminate only the portions of the awning where the letters are located and no more, and the rest of the awning remains dark. Planning staff noted that it is difficult to regulate the intensity of illumination, will look into various methods used for awning lighting and report back; note that there is a limit on the overall area of signage allowed on a site,is this the approach that was used for Fox Plaza;yes,the same approach is proposed in the sign code update,where with a variance,signage can be moved from one frontage to another and the number of signs can be increased, but there is a cap on the overall or total square footage allowed. Commissioners noted that there is an incentive for two sided monument signs,each counted as a one sided sign when determining is counted toward overall sign area,can we require that the copy on both sides be the same? Planning Staff noted monument signs are treated separately from other signage(wall,projecting and awning signs)and only one side of a monument sign is counted. CA Anderson noted that because the courts have restricted regulation on content, could not require copy to be the same on both sides. Commissioners asked about the use of artwork as signs,how would the new regulations restrict, do not want to discourage that kind of creativity. Planning staff noted that some artwork is not regulated by the sign code,if it does not specifically identify a business; if the art is determined to be a sign,it would be regulated in the same way it is now,by its size and location on the site,roof signs would continue to be prohibited,but a projecting sign could be designed creatively. Chair Brownrigg opened the public comment. There were no other comments from the floor and the public comment was closed. Chair Brownrigg noted that this item will be brought back to the Commission on the action calendar when the additional information is provided. The public hearing will be noticed in a newspaper of general circulation, notices will be mailed to people who have expressed interest in the sign code update and the information will also be posted on the City's website. This item concluded at 10:20 p.m. X. COMMISSIONER'S REPORTS There were no Commissioner's Reports for review. 16 CARR McCLELLAN INGERSOLL THOMPSON & HORN Professional Law Corporation - Mark D. Hudak mhudakQa carr-modellan.00m January 12, 2007 RECEIVED Larry Anderson, Esq. JAN 12 2007 City Attorney CITY OF BURLINGAME City of Burlingame PLANNING DEPT. 501 Primrose Road Burlingame, CA 94010 Re: Sign Ordinance Revisions Dear Larry: I understand that a committee of the Planning Commission is studying amendments to the sign ordinance. One area of concern for my clients is the treatment of existing signs that serve two or more businesses when the property is subdivided. Under the current ordinance, a sign may advertise only the businesses that are located on the same property as the sign itself. Advertising off-site businesses is not permitted. There are several instances where existing signage advertises two or more businesses that are located on a single large property. If the property is subdivided or undergoes a lot line adjustment, the sign will inevitably end up on one parcel and will be in violation of the ordinance if it continues to display advertising for the business located on the split-off parcel. One particular instance involves the signage for Max's Opera Cafe and the Holiday Inn Express on Old Bayshore Highway. The property owner wants to make some improvements to the property (primarily, to increase parking). To do so, he proposes to split the existing large parcel into two parcels that could be sold or financed separately. One parcel will have Max's and the other will have the hotel. Both parcels would be conforming under the new Bayfront Specific Plan: No matter how this lot split is accomplished, the sign will end up on one parcel and the business located on the other parcel will forfeit its signage. This sign is critical to both businesses, given its visibility from Highway 101. Unless there is some relief, we cannot move forward with the lot split and improvements that would benefit both businesses and their customers. In short, the proverbial tail is wagging the dog. P 650. 342 . 9600 216 Park Road Burlingame • California 94010 F 650 . 342 . 7685 www.carr-mcclelian.com Larry Anderson, Esq. January 12, 2007 Page 2 We could avoid this dilemma by creating an exemption for existing signage in the new ordinance. I would ask that the committee consider the following approach: "Nothwithstanding any other provision herein, a sign that advertises two or more businesses located on a single property may be maintained following a subdivision, lot split, lot line adjustment; or other division of the property. In such situations, the sign may continue to advertise businesses that are located on the parcel or parcels that were part of the property served by the sign prior to the property division, including any successor or new businesses located thereon. Such signs may be maintained,repaired, and replaced but may not be increased in size or height beyond the dimensions in existence prior to the property division." This exception would apply in only a limited number of cases throughout tfie city, so its impact on the public health, safety and welfare would be minimal. On the other hand, the flexibility would be an enormous benefit to the properties and businesses affected. The exception could not be used to create new,nonconforming signs; only existing signs would be affected. Please let me know if you have any questions about our position. I would be happy to meet with the committee if that would be helpful. I would ask that you pass on this letter to them for their consideration and let me know when the amended ordinance will be brought forward to the Planning Commission for study. Sincerel Mark D. Hudak MDH:os cc: Clients 04050.ODDD1\13GUB 1\1317556.1 �S CITY G BURUNGAME �Nniio duw[6. The City of Burlingame CITY HALL 501 PRIMROSE ROAD TEL: (650) 558-7250 PLANNING DEPARTMENT BURLINGAME, CALIFORNIA 94010-3997 FAX: (650) 696-3790 NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION To: Interested Individuals From : City of Burlingame County Clerk of San Mateo Planning Department 501 Primrose Road Burlingame, CA 94010 Subject: Notice of Intent to Adopt a Mitigated Negative Declaration (ND-544-P) Project Title: Adoption of an Updated Sign Code — Title 22 of the Burlingame Municipal Code Project Location: Regulations would apply City wide, throughout the City of Burlingame, San Mateo County. Project Description: Amendment to Municipal Code Title 22, Signs, consisting of a comprehensive update to the sign regulations for all zoning districts within the City of Burlingame. In accordance with Section 15072(a) of the California Environmental Quality Act (CEQA) Guidelines, notice is hereby given of the City's intent to adopt a Negative Declaration for the project listed above. A negative declaration is a finding that based on the City's review of the project, it will not have a significant effect on the environment. The City of Burlingame has completed a review of the proposed project, and on the basis of an Initial Study, finds that the project will not have a significant effect upon the environment. The City has prepared a Negative Declaration and Initial Study that are available for public review at City Hall, 501 Primrose Road, Burlingame, California, 94010. As mandated by State Law, the minimum comment period for this document is 20 (twenty) days and begins on March 19, 2007. Comments may be submitted during the review period and up to the tentatively scheduled public hearing on April 9, 2007. Persons having comments concerning this project, including objections to the basis of determination set forth in the Initial Study/Negative Declaration, are invited to furnish their comments summarizing the specific and factual basis for their comments, in writing to: City of Burlingame Planning Department. Pursuant to Public Resources Code Section 21177, any legal challenge to the adoption of the proposed Initial Study/Negative Declaration will be limited to those issues presented to the City during the public comment period described above. PUBLIC HEARING: The Planning Commission hearing to review the proposed update to the sign code and the Negative Declaration and Initial Study for this project has been tentatively scheduled for April 9, 2007 at 7:00 p.m. in the Council Chambers of City Hall, 501 Primrose Road, Burlingame, California. Posted : March 19, 2007 INITIAL STUDY SUMMARY - ENVIRONMENTAL CHECKLIST 1 . Project Title: Adoption of an Updated Sign Code — Title 22 of the Burlingame Municipal Code 2. Lead Agency Name and Address: City of Burlingame, Planning Department 501 Primrose Road, Burlingame, CA 94010 3. Contact Person and Phone Number: Margaret Monroe, City Planner (650) 558-7250 4. Project Location: The new sign code would apply city-wide within the City of Burlingame, San Mateo County 5. Project Sponsor's Name and Address: City of Burlingame Planning Department 501 Primrose Road Burlingame, CA 94010 6. General Plan Designation: Various — would apply to properties in all land use categories 7. Zoning: Various — would apply to properties in all zones APN: N/A 8. Description of the Project: Amendment to Municipal Code Title 22, Signs, consisting of a comprehensive update to the sign regulations for all zoning districts within the City of Burlingame. 9. Surrounding Land uses and Setting: The amended sign code regulations would apply to all properties within the City of Burlingame. 10. Other public agencies whose approval is required: None ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Si 'ficant hn act" as indicated by the checklist on the following pages. Land Use and Planning Biological Resources X Aesthetics Population and Housing Mineral Resources Cultural Resources Geology and Soils Hazards & Hazardous Recreation Materials Hydrology & Water Quality Noise Agricultural Resources Air Quality Public Services Mandatory Findings of Significance Transportation/Traffic Utilities and Service Systems Initial Study Summary Proposed Update of the Sign Code DETERMINATION: (To be completed by the Lead Agency). On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a"potentially significant impact"or"potentially significant unless mitigated"impact on the environment,but at least one effect(1)has been adequately analyzed in an earlier document pursuant to applicable legal standards,and(2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION, and (2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION,including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. l Marg et M nroe, City anner bate -2- Issues and Supporting Information Sources Sources Potentially Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated 1. LAND USE AND PLANNING. Would theproject: a Physically divide an established community? 1,2,4 X b) Conflict with any applicable land use plan,policy,or regulation of an agency with jurisdiction over the project(including,but not limited to the general plan,specific plan,local coastal 1,2,4 X program or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural 1,12 X community conservationplan? 2. POPULATION AND HOUSING.Would theproject: a) Induce substantial population growth in an area,either directly (for example,by proposing new homes and businesses)or indirectly(for example,through extension of roads or other infrastructure)? 1,3,4 X b) Displace substantial numbers of existing housing,necessitating 3 X the construction of replacement housing elsewhere? c) Displace substantial numbers of people,necessitating the 3 X construction of replacement housing elsewhere? 3. GEOLOGY AND SOILS.Would theproject: a) Expose people or structures to potential substantial adverse 6,7 X effects,including the risk of loss,injury,or death involving: i) Rupture of a known earthquake fault,as delineated on the 6,7 X most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault?Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? 6 7, X iii)Seismic-related ground failure,including liquefaction? 6,7, X iv Landslides? 6 1 X b Result in substantial soil erosion or loss of topsoil? 1,6 X c) Be located on a geologic unit or soil that is unstable,or that 1,6 X would become unstable as a result of the project,and potentially result in on-or off-site landslide,lateral spreading,subsidence, liquefaction or collapse? d) Be located on expansive soil,as defined in Table 18-1-B of the 6 X Uniform Building Code(1994),creating substantial risks to life or property9 e) Have soils incapable of adequately supporting the use of septic 1,6 X tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 4. HYDROLOGY AND WATER QUALITY. Would theproject: a) Violate any water quality standards or waste discharge requirements,including the following issues per the California 1 X Regional Water Quality Control Boards C.3 regulations. Would the proposedproject: i. Result in an increase in pollutant discharges to receiving 1 X waters? ii. Result in significant alteration of receiving water quality during or following construction? 1 X -3- Issues and Supporting Information Sources Sources Potentially Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated iii. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates 1 X volumes? iv. Result in increased erosion in its watershed? 1 X v. involve a tributary to an already impaired water body , as listed on the Clean Water Action Section 303(d) list? If so, 1 X will it result in an increase in any pollutant for which the water body is already aired? vi. Have a potentially adverse environmental impact on surface 1 X water quality, to marine, fresh, or wetland waters? vii. Have a potentially significant adverse environmental impact 1 X on ground water quality? viii.Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or 1 X degradation of beneficial uses? ix. Impact aquatic, wetland or riparian habitat? 1 X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table (e.g., the production rate of pre-existing 1 X nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been ranted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? 1 X d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface 1 X runoff in a manner which would result in flooding on- or off- site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or 1 X provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? 1 X g) Place housing within a 100-year flood hazard area as mapped on 8 X a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which 8 X would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the 1 X failure of a levee or dam? Inundation by seiche, tsunami, or mudflow? 1,6 X 5. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would theproject: a) Conflict with or obstruct implementation of the applicable air quality plan? 1,9 X b Violate any air quality standard or contribute to an existing or 1,9 X -4- Issues and Supporting Information Sources Sources Potentially Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated ro'ected air quality violation? c) Result in a cumulatively considerable net increase of any criteria 1,9 X pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant 1,9 X concentrations? e) Create objectionable odors affecting a substantial number of 1,9 X people? 6. TRANSPORTATION/TRAFFIC. Would theproject: a) Cause an increase in traffic which is substantial in relation to the 1,11 X existing traffic load and capacity of the street system(i.e.,result in a substantial increase in either the number of vehicle trips,the volume to capacity ratio on roads,or congestion at intersections)? b) Exceed,either individually or cumulatively,a level of service standard established by the county congestion management agency for designated roads or highways? 15 X c) Result in a change in air traffic patterns,including either an increase in traffic levels or a change in location that results in 1,15 X substantial safety risks? d) Substantially increase hazards due to a design feature(e.g. sharp 2 X curves or dangerous intersections)or incompatible uses(e.g., farm equipment)? e Result in inadequate emergency access? 2 X Result in inadequate parking capacity? 2 X g) Conflict with adopted policies,plans,or programs supporting 1 X alternative transportation(e.g.,bus turnouts,bicycle racks)? 7. BIOLOGICAL RESOURCES. Would theproject: a) Have a substantial adverse effect,either directly or through habitat modifications,on any species identified as a candidate, sensitive,or special status species in local or regional plans, policies,or regulations,or by the California Department of Fish and Game or U.S.Fish and Wildlife Service? 1,12 X b) Have a substantial or adverse effect on any riparian habitat or 1,12 X other sensitive natural community identified in local or regional plans,policies,regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including,but not limited to,marsh,vernal pool,coastal,etc.) 1,12 X through direct removal,filling,hydrological interruption,or other means? d) Interfere substantially with the movement of any native or 1,12 X resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting 1,2 X biological resources,such as a tree preservation policy or ordinance? -5- Issues and Supporting Information Sources Sources Potentially Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated f) Conflict with the provisions of an adopted Habitat Conservation 1 X Plan,Natural Community Conservation Plan,or other approved local,regional,or state habitat conservationplan? 8. MINERAL RESOURCES. Would theproject: a) Result in the loss of availability of a known mineral resource 1,6 X that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, 1,6 X specific plan or other land useplan? 9. HAZARDS AND HAZARDOUS MATERIALS. Would the pro'ect: a) Create a significant hazard to the public or the environment through the routine transport,use,or disposal of hazardous materials? 1 X b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions I X involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials,substances,or waste within one-quarter 1 X mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 13 X 65962.5 and,as a result,would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or,where such a plan has not been adopted,within two miles of a public 1,10 X airport or public use airport,would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip,would the project result in a safety hazard for people residing or working 1 X in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation 1 X plan? h) Expose people or structures to a significant risk of loss,injury or death involving wildland fires,including where wildlands are 1 X adjacent to urbanized areas or where residences are intermixed with wildlands? 10. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of 1 X standards established in the local general plan or noise ordinance,or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome 1 X vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the 1 X project vicinity above levels existing without theproject? d) A substantial temporary or periodic increase in ambient noise 1 X levels in the project vicinity above levels existing without the project? -6- Issues and Supporting Information Sources sources Potentially Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated e) For a project located within an airport land use plan or,where 10 X such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip,would the 1 X project expose people residing or working in the project area to excessive noise levels? 11. PUBLIC SERVICES. Would the project result insubstantial adverse physical impacts associated with the provision of new or physically altered governmental facilities,need for new or physically altered government facilities,the construction of which could cause significant environmental impacts,in order to maintain acceptable service ratios,response times or other performance objectives for any of the public services: a Fireprotection? 1 X b Policeprotection? 1 X c Schools? 1 X d Parks? 1 X e Other public facilities? 1 X 12. UTILITIES AND SERVICE SYSTEMS. Would theproject: a) Exceed wastewater treatment requirements of the applicable 1 X Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater 1 X treatment facilities or expansion of existing facilities,the _ construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities,the 1 X construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project 1 X from existing entitlements and resources,or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider 1 X which serves or may serve the project that it has adequate capacity to serve the projects projected demand in addition to the roviders existing commitments? f) Be served by a landfill with sufficient permitted capacity to 1 X accommodate the projects solid waste disposal needs? g) Comply with federal,state,and local statutes and regulations 1 X related to solid waste? 13. AESTHETICS.Would theproject: a Have a substantial adverse effect on a scenic vista? 1 X b) Substantially damage scenic resources,including,but not 1 X limited to,trees,rock outcroppings,and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of 1 X the site and its surroundings? d) Create a new source of substantial light or glare which would 1 X adversely affect day or nighttime views in the area? 14. CULTURAL RESOURCES.Would theproject: a) Create a substantial adverse change in the significance of a 1 X historical resource as defined in.15064.5? Issues and Supporting Information Sources Sources Potentially Potentially Less Than No Significant Significant Significant Impact Issues Unless Impact Mitigation Incorporated b) Cause a substantial adverse change in the significance of an 1 X archaeological resource pursuant to .15064.5? c) Directly or indirectly destroy a unique paleontological resource 1 X or site or unique geological feature? d) Disturb any human remains, including those interred outside of 1 X formal cemeteries? 15. RECREATION. a) Would the project increase the use of existing neighborhood and 1 X regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the 1 X construction or expansion of recreational facilities which might have an adverse physical effect on the environment? 16. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland or Farmland of 1 X Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a 1 X Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, 1 X to non-agricultural use? 17. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 1 X b) Does the project have impacts that are individually limited, but 1 X cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 1 X -8- Initial Study Summary Proposed Update of the Sign Code 18. SOURCE REFERENCES 1 The City of Burlingame General Plan,Burlingame,California,2002, 1985 and 1984 amendments. 2 City of Burlingame,Municipal Code, Title 25-Zoning,Burlingame,California,2004 edition. 3 Housing Element, City of Burlingame,Burlingame,California,2002. 4 2000 Census 5 Department of the Interior,U.S. Geological Survey,San Francisco Bay Region, Sheet 3, 1:125,000,Revised 1981. 6 E.Brabb,E.Pampeyan,and M.Bonilla,Landslide Susceptibility in San Mateo County,San Mateo County,California, 1972. 7 Perkins,Jeanne,Maps Showing Cumulative Damage Potential from Earthquake Ground Shaking,U.S.G.S.Map MF,San Mateo County: California, 1987. 8 Map of Approximate Locations of 100 year Flood Areas,from the National Flood Insurance Program Flood Insurance Maps, September 16, 1981 9 BAAQMD CEQA GUIDELINES,Assessing the Air Quality Impacts of Projects and Plans,December, 1995 10 San Mateo County Comprehensive Airport Land Use Plan, San Francisco International Airport,December, 1996 11 San Mateo County Congestion Management Program,2003 12 Map of Areas of Special Biological Importance,San Francisco and San Mateo Counties, California,State Department of Fish and Game 13 State of California Hazardous Waste and Substances Sites List,2002 -9- Initial Study Summary Proposed Update of the Sign Code Land Use and Planning Summary: The proposed update of the sign code would revise the regulations for installing signs on properties within the City of Burlingame. There are no changes proposed to the underlying zoning or land use designations as apart of this project. The new sign regulations would be based on the zoning which now exists for properties within the City of Burlingame. Population and Housing Summary: The proposed update of the sign code would have no impact on the population and housing characteristics of the City of Burlingame. Geologic Summary: Implementation of the update of the sign code would have no impact on the geologic characteristics of Burlingame. Water Summary: The update to the sign code would result in no impacts to the existing water environment in Burlingame. Air Quality Summary: Adoption of the updated sign code regulations and installation of signs under the new regulations would result in an impact on air quality. Transportation/Circulation Summary: Adoption of the updated sign regulations would not result in any impacts to the transportation and circulation system in Burlingame. Both the existing and new sign code regulations would prohibit the installation of commercial signs which conflict with traffic control signs or signals, nor would it allow signs on corners which would obstruct a clear view of traffic at the intersection. Biological Resources Summary: Adoption of the updated sign regulations would not result in an impact on biological resources. Signs are not allowed in or adjacent to sensitive habitat areas. Energy and Mineral Resources Summary:Implementation of the updated sign regulations would not result in an impact on energy and mineral resources. Hazards Summary: Since both the existing and proposed sign code contain regulations which prevent hazards to traffic,and since installation of signs require a building permit to ensure that they are safely installed,adoption of the proposed regulations will not create a hazardous condition. Noise Summary: The adoption of the sign code regulations would not create a noise impact. Public Services Summary: Since the adoption of the sign code would not result in any changes in land use or zoning, there will be no adverse impact on the provision of public services. Utilities and Service Systems Summary:The proposed adoption of the update to the sign code will not result in an impact on the existing utilities and service system for the City of Burlingame. Aesthetics Summary: In some cases,the updated sign code may allow the placement of larger signs on certain properties. The existing sign code regulates the size and placement of signs within each zone district, and regulates the height of signs. The updated sign code will also place limitations on the size,height and placement �- of signs. However,the size of signs in the new code will be affected by the speed of travel on the street frontage -10- Existing Sign Code - Title 22 Proposed Revisions Chapters Chapters Title 22 Title 22 SIGNS SIGNS Chapters: Chapters: 22.02 Purpose Of Title 22 22.02 Statement of Purpose Of Title 22 22.04 Definitions 22.04 Definitions 22.06 Administration and Enforcement Of Sign Code 22.06 Administration and Enforcement Of Sign Code 22.08 General Regulations 22.08 General Regulations 22.10 R-1 and R-2 District Regulations 22.10 R-1 and R-2 District Regulations 22.12 R-3 and R-4 District Regulations 22.12 R-3 and R-4 District Regulations 22.14 C-1 District Regulations 22. 14 C-1 & CR District Regulations 22.16 C-2 District Regulations 22. 16 C-2 District Regulations 22.18 C-3 District Regulations 22.18 ECN & TW District Regulations 22.20 C-41 M-1 & O-M District Regulations 22.20 SL, AA & APN District Regulations 22.26 Abandoned, Obsolete, Unsafe or Illegal Signs 22.22 RR District Regulations 22.28 Awnings and Canopies 22.24 IB & APS District Regulations 22.29 Changeable Copy Signs 22.26 Awnings, Canopies and Marquees 22.30 Combination Signs 22.28 Changeable Copy Signs 22.31 Commercial & Institutional Signs within Residential Districts 22.30 Combination Signs 22.32 Directory Signs 22.32 Exempt Signs 22.34 Exempt Signs 22.34 Freestanding Signs - Monument and Pole 22.36 Freeway Signs 22.36 Noncommercial Signs and Messages 22.38 Ground Signs 22.38 Nonconforming Signs 22.40 Marquees 22.40 Prohibited Signs 22.42 Nonconforming Signs 22.42 Projecting Signs 22.44 Pole Signs 22.44 Properties with Nonconforming Uses 22.46 Noncommercial Signs in Residential Districts 22.46 Special Signs 22.48 Prohibited Signs 22.48 Wall Signs 22.50 Projecting Signs 22.52 Real Estate Signs 22.54 Temporary Signs 22.56 Wall Signs 22.59 Window Signs Table of Contents Page 1 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.02 Chapter 22.02 PURPOSE OF TITLE 22 PURPOSE OF TITLE 22 Chapter 22.02 Chapter 22.02 PURPOSE OF TITLE 22 PURPOSE OF TITLE 22 Sections: Sections: 22.02.010 Purpose. 22.02.010 Statement of Purpose. Section 22.02.010 Purpose. It is the purpose of this title to provide uniform sign regulations for the city, and Section 22.02.010 Statement of Purpose its provisions shall be held to be the minimum requirements in the installation, The purpose of this ordinance is to create the legal framework for a erection, location, alteration, replacing, improving and maintenance of all signs. It comprehensive and balanced system of signs that will preserve the right of free is further intended to encourage signs: speech and expression, provide an easy and pleasant communication between ■ which are well designed; people and their environment, and avoid the visual clutter that can be harmful to ■ which preserve locally recognized values of community appearance; traffic and pedestrian safety, property values, business opportunities, and ■ which safeguard and enhance property values in residential, commercial community appearance. With these purposes in mind, it is the intent of this and industrial areas; ordinance to authorize the use of signs that: ■ which protect public investment in and the character of public thoroughfares; (a) are well designed, compatible with their surroundings and preserve locally ■ which aid in the attraction of shoppers and other visitors who are recognized values of community appearance; important to the economy of the city; (b) provide for consistent signage on adjacent sites; ■ which reduce hazards to motorists and pedestrians traveling on the (c) safeguard and enhance property values in residential, commercial and public way; industrial areas by promoting the use of signs which are aesthetically and thereby to promote the public health, safety and welfare. pleasing, of appropriate scale, and integrated with surrounding buildings and landscape; (d) protect public investment in and the character of public thoroughfares; (e) do not detract from the attraction of shoppers and other visitors who are important to the economy of the city; (f) promote the free flow of vehicular and non-motorized traffic and protect pedestrians, bicyclists and motorists from injury and property damage caused by or attributable to cluttered, distracting, or illegible signage (g) are appropriately sized to the activity that displays them; (h) are expressive of both the identity of individual activities and the community as a whole; and (i) are legible in the circumstances in which they are seen. Annotation: The statement of purpose has been expanded to include some of the basic tenets of the model ordinance. It elaborates on the aesthetic and trafc safety purposes that support the constitutionality of the sign ordinance. It also states that one of the purposes of the ordinance is the protection of property values. Because the protection of property values is one of the other objectives the courts have recognized, this purpose provides constitutional support in addition to aesthetic regulation. The Statement of Purpose also contains an explicit statement that the intent of the ordinance is to preserve the rights of free speech and expression. This declaration should help protect the ordinance against free speech challenges. The regulatory objectives set out criteria in the Statement of Purpose to assist courts when they inter ret the sin code. 22.02-P Jose of Title 22 )e 2 of 67 Updated.., �4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.04 Chapter 22.04 DEFINITIONS DEFINITIONS Chapter 22.04 Chapter 22.04 DEFINITIONS DEFINITIONS Sections: Section 22.04.010 Above-roof sign. 22.04.010 Abandoned sign. Section 22.04.020 Activity. 22.04.020 Awning. Section 22.04.030 Animation or Animated. 22.04.030 Awning sign. Section 22.04.040 Architectural detail. 22.04.040 Building. Section 22.04.050 Awning. 22.04.045 Bunting. Section 22.04.060 Awning sign. 22.04.050 Canopy. Section 22.04.070 Banner. 22.04.060 Canopy sign. Section 22.04.080 Bare-bulb illumination. 22.04.070 Changeable copy sign. Section 22.04.090 Building. 22.04.080 Combination sign. Section 22.04.100 Bunting. 22.04.085 Commercial sign. Section 22.04.110 Canopy. 22.04.090 Directional sign. Section 22.04.120 Canopy sign. 22.04.100 Directory sign. Section 22.04.130 Changeable copy sign. 22.04.110 Erect. Section 22.04.140 Combination sign. 22.04.120 Establishment. Section 22.04.150 Commercial sign. 22.04.130 Face of building. Section 22.04.160 Directional sign. 22.04.140 Freestanding sign. Section 22.04.165 Director of community development. 22.04.150 Frontage. Section 22.04.170 Erect. 22.04.160 Ground sign. Section 22.04.180 Establishment. 22.04.165 Height. Section 22.04.190 External illumination. 22.04.170 Illegal sign. Section 22.04.200 Facade. 22.04.180 Illuminated sign. Section 22.04.210 Fagade, blank. 22.04.190 Incombustible material. Section 22.04.220 Flag. 22.04.200 Interior sign. Section 22.04.230 Flag, Decorative. 22.04.210 Maintenance. Section 22.04.240 Flashing illumination. 22.04.220 Marquee. Section 22.04.250 Freestanding Sign 22.04.230 Marquee sign. Section 22.04.260 Frontage. 22.04.240 Master sign permit. Section 22.04.270 Height. 22.04.245 Noncommercial sign. Section 22.04.280 Illumination or illuminated. 22.04.250 Nonconforming sign. Section 22.04.290 Indirect illumination. 22.04.260 Overall height of sign. Section 22.04.300 Internal illumination. 22.04.270 Parcel. Section 22.04.310 Maintenance. 22.04.280 Parcel frontage. Section 22.04.320 Marquee. 22.04.290 Person. Section 22.04.330 Marquee sign. 22.04.300 Pole sign. Section 22.04.340 Monument sign. 22.04.320 Premises. Section 22.04.350 Movement. 22.04.340 Primary building frontage. Section 22.04.360 Neon tube illumination 22.04.350 Primary parcel frontage. Section 22.04.370 Noncommercial sign. 22.04.360 Projecting sign. Section 22.04.380 Nonconforming sign. 22.04—Definitions Page 3 of 67 Updated Apri/4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.04 Chapter 22.04 DEFINITIONS DEFINITIONS 22.04.370 Real estate sign. Section 22.04.390 Occupant. 22.04.380 Repair. Section 22.04.400 Parcel. 22.04.390 Roof sign. Section 22.04.410 Person. 22.04.400 Secondary building frontage. Section 22.04.420 Pole sign. 22.04.410 Secondary parcel frontage. Section 22.04.430 Portable sign. 22.04.420 Sign. Section 22.04.440 Premises. 22.04.430 Signage. Section 22.04.450 Projecting sign. 22.04.440 Sign area. Section 22.04.460 Repair. 22.04.450 Sign exception. Section 22.04.470 Roof sign. 22.04.460 Sign painted on wall. Section 22.04.480 Shopping center. 22.04.470 Sign permit. Section 22.04.490 Sign. 22.04.472 Sign permit, administrative. Section 22.04.500 Sign area. 22.04.475 Sky sign. Section 22.04.510 Signable area. 22.04.480 Structure. Section 22.04.530 Sign Permit. 22.04.490 Temporary sign. Section 22.04.540 Sign permit, administrative. 22.04.500 Wall sign. Section 22.04.550 Sign variance. 22.04.510 Window sign. Section 22.04.570 Sky Sign. Section 22.04.580 Special sign. Section 22.04.590 Structure. Section 22.04.600 Temporary sign. Section 22.04.610 Wall sign. Section 22.04.620 Window sign. Section 22.04.010 Abandoned sign. Annotation; This definition will be deleted—although abandoned signs will be "Abandoned sign" means any sign which pertains to a time, event or purpose required to be removed, there is no reference to "abandoned Sign"in the text— which no longer obtains; any sign which was erected for or by the owner, refer to Chapter 22.42—Nonconforming Signs occupant or business on a property and is now unrelated to the present use of this property; any sign, except a real estate sign, which is located on property which becomes vacant and unoccupied fora period of three months or more. Section 22.04.010 Above-roof sign. "Above-roof sign" means a sign displayed above or extending above the peak or parapet of a building. Section 22.04.020 Activity. "Activity" means an individual tenant, business, or other establishment. Annotation; This definition is necessary only if the sign ordinance applies to specific "activities"independently of the zoning districts included in the zoning ordinance. Section 22.04.030 Animation or Animated. "Animation" or "Animated" means the movement or the optical illusion of movement of any part of the sign structure, design, or pictorial segment, including the movement of any illumination or the flashing or varying of light intensity, or the automatic changing of all or any part of the facing of a sign. 22.04-1 Pitions �e 4 of 67 Updated, )/4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.04 Chapter 22.04 DEFINITIONS DEFINITIONS Section 22.04.040 Architectural detail. "Architectural Detail" means any projection, relief, cornice, column, change of building material, window, or door opening on any building (See also Signable area for wall signs). Annotation: This definition defines a term that is included in the definition of the "si nable wall area"for wall si ns. Section 22.04.020 Awning. Section 22.04.050 Awning An "Awning" includes any structure made of cloth, plastic metal or other "Awning" means a cloth, plastic, or other nonstructural covering that either is material with a frame attached to a building and projecting over a permanently attached to a building or can be raised or retracted to a position thoroughfare, provided the same is so erected as to permit its being raised to a against the building when not in use. position against the building when not in use. Section 22.04.060 Awning sign. Section 22.04.030 Awning sign. "Awning sign" means any sign painted on or affixed to the sides or face of an "Awning sign" is any sign painted on or affixed to the sides or face of an awning. awning. Annotation: Have added definitions to distinguish between awning, canopy and marquee. Differences: Awnin4—can be fixed or retract, not attached to ground. CanQp —is fixed and can be anchored to the ground. Marquee—is a projecting structure which acts like a roof and is made of something other than fabric, with no attachment to the ground. Regulations for signs on marquees are proposed to be the same as for awnings and canopies. Section 22.04.070 Banner. "Banner" means a sign composed of a logo or design on a lightweight material either enclosed or not enclosed in a rigid frame and secured or mounted to allow motion caused by the atmosphere. Section 22.04.080 Bare-bulb illumination. "Bare-bulb illumination" means a light source that consists of light bulbs with a F201-watt maximum wattage for each bulb. Section 22.04.040 Building. Section 22.04.090 Building. "Building" is any structure built for the support, shelter or enclosure of persons, "Building" means a structure having a roof supported by columns or walls. animals or property of any kind. Section 22.04.045 Bunting. Section 22.04.100 Bunting. 'Bunting' is loosely woven fabric in single or multiple colors used for decoration. 'Bunting' means a lightweight fabric in single or multiple colors used for decoration. Section 22.04.050 Canopy. Section 22.04.110 Canopy (See awning) A "canopy" includes any structure, other than an awning, made of cloth, plastic, "Canopy" means a structure other than an awning made of cloth, metal, or metal or other material with frames attached to a building, projecting over a other material with frames affixed to a building and supported by a frame that thoroughfare and carried by frame supported by immovable braces from the is affixed to or in contact with the ground. wall. Section 22.04.120 Canopy sign. Section 22.04.060 Canopy sign. "Canopy sign" means any sign painted on or affixed to the sides or face of a "Canopy sign" is any sign painted on or affixed to the sides or face of a canopy. canopy. 22.04-Definitions Page 5 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.04 Chapter 22.04 DEFINITIONS DEFINITIONS Section 22.04.070 Changeable copy sign. Section 22.04.130 Changeable copy sign. "Changeable copy sign" is a sign any part of which moves or flashes, including "Changeable copy sign" means a sign any part of which moves or flashes at a sign with movable or moving letters of any type or a sign that uses video intervals, including a sign with movable or moving letters of any type or a sign projection, LED television or other similar technology. that uses video projection, LED television or other such technology. Section 22.04.080 Combination sign. Section 22.04.140 Combination sign. "Combination sign" is any sign which has features or characteristics normally "Combination sign" means any sign which has features or characteristics found in signs of more than one classification. normally found in signs of more than one classification. Section 22.04.085 Commercial sign. Section 22.04.150 Commercial sign. "Commercial sign" is any sign with wording, logo, or other representation that, "Commercial sign"means any sign with wording, logo, or other representation directly or indirectly, names, advertises, or calls attention to a business, that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity. product service or other commercial activity. Section 22.04.090 Directional sign. Section 22.04.160 Directional Sign. "Directional sign" is any sign, other than a highway marker or any sign erected "Directional Sign" means a sign at the exit or entrance of a premises. and maintained by public authority, which is erected for the purpose of Annotation: A directional sign is a small sign that usually designates the directing persons to a place, structure or activity not located on the same entrance or exit to a premises or provides other directional information. The premises as the sign. definition of this sign avoids free speech problems because it describes the sign in terms of its location and is content-neutral. The section on Special Signs states how many directional signs a premises may have and their size, height, and location. Section 22.04.165 Director of community development. "Director of community development" means the city director of community development or the director's authorized representative or designee. Section 22.04.100 Directory sign. Annotation; Definition for "Directory Sign"is no longer needed(no separate "Directory sign" is a sign listing the occupants of a building, or group of category in the code)so is proposed to be deleted. buildings on the same parcel, and/or identifying the location of and providing directions to any establishment on the same parcel. Section 22.04.110 Erect. Section 22.04.170 Erect. "Erect" means to build, construct, attach, hang, place, suspend or affix, "Erect" means to build, construct, attach, hang, place, suspend or affix, including the painting or otherwise applying of signs. including the painting or otherwise applying of signs. Section 22.04.120 Establishment. Section 22.04.180 Establishment. "Establishment" means an organization, family or individual engaged in "Establishment" means an organization, family or individual engaged in commercial, industrial, civic, educational, recreational, governmental, religious commercial, industrial, civic, educational, recreational, governmental, religious or residential activities. or residential activities. Section 22.04.190 External illumination. "External Illumination" means illumination of a sign that is affected by an artificial source of light not contained within the sign itself. Section 22.04.200 Facade. "Fagade" means the side of a building below the eaves or parapet wall (see also "Signable area for wall signs"). Annotation: Facade is a term included in the definition of the "Signable"area for wall signs. 22.04-f ?itions )e 6 of 67 Updated, �l 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.04 Chapter 22.04 DEFINITIONS DEFINITIONS Section 22.04.210 Facade, blank. "Fagade, blank" means the side of a building below the eaves that is blank and does not have windows or architectural detail. Section 22.04.130 Face of building. "Face of building" is the general outer surface of any exterior wall of a building or other structure. Section 22.04.220 Flag. "Flag" means a sign made of flexible material, typically cloth, paper or plastic, with a graphic depiction of an emblem, insignia or logo, including a flag of a country or state. Section 22.04.230 Flag, Decorative. "Flag, decorative" means any flag which displays an insignia, design or the like, and which does not include any commercial name, message, logo or symbol. Section 22.04.240 Flashing illumination. "Flashing illumination" means illumination in which the artificial source of light is not maintained stationary or constant in intensity and color at all times when a sign is illuminated including illuminated lighting. Section 22.04.140 Freestanding sign. Section 22.04.250 Freestanding Sign. "Freestanding sign" is any sign standing directly on the ground or attached to "Freestanding sign" means a sign supported by one or more uprights, posts, or any support other than a building, whether or not the principal purpose of such bases placed upon or affixed in the ground and not attached to any part of a support is to display the sign; two principal classes are pole signs and ground building. It includes a pole sign and a monument sign. signs. Section 22.04.150 Frontage. Section 22.04.260 Frontage. For operations conducted primarily within a building, "frontage" is the distance (a) Building frontage: "building frontage" means the distance measured measured along the wall or walls of the building abutting on a public or private along the wall or walls of the building abutting on a public or private way from which public access is provided to the premises. Where a building is way, including public and private parking lots, from which public access occupied by more than one establishment, "frontage" shall be measured is provided to the premises. Where a building is occupied by more than separately for each portion of the building so occupied. For operations one establishment, " building frontage" shall be measured separately conducted primarily out of doors, "frontage" is the parcel frontage or portion for each portion of the building so occupied. thereof actively occupied by the establishment. (b) Parcel frontage: "Parcel frontage" means the distance along the parcel line or lines abutting upon a street, easement, or public or private parking lots, giving access to the property. (c) A public or private parking lot or alley shall be considered to be a "frontage" for sign code purposes. Annotation: The definitions for building and parcel frontage have been combined into one definition so that they can be grouped together for ease of use. The existing sign code differentiates between primary and secondary frontage to determine how much signage is allowed on each frontage. It is proposed that the overall area of signage be determined by the length of the frontage. The area of any ground sign would be determined by the speed of travel on the street which establishes the frontage. A larger ground sin would 22.04-Definitions Page 7 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.04 Chapter 22.04 DEFINITIONS DEFINITIONS be allocated to a frontage on a major street as opposed to the area allowed on a local street,parking lot or alley. Therefore, it is proposed that the definitions for primary and secondary frontage be deleted from the definitions. Section 22.04.160 Ground sign. "Ground sign" is a sign standing directly on the ground or supported by uprights or braces placed upon the ground, but not including pole signs or signs attached to any building. Section 22.04.165 Height Section 22.04.270 Height "Height" as applied to a sign for purposes of this title means the distance "Height", as applied to a sign for the purposes of this title, means the vertical between the very topmost point of the sign and the established grade directly distance measured from the established grade directly below the sign to the below the sign. highest point of the sign. Annotation. The model ordinance definition measures sign height from the edge of the adjacent right-of-way, which is similar to how building height is measured(average top of curb). It is proposed that we leave the point of measurement as it is since most of the commercial areas in Burlingame are relatively flat and there should not be a great difference in the two different methods of measurement. Note that the height of any monument sign base and any pole or other structure erected to support or adorn the sign is measured as part of the sign height. The definition for "Overall height of sign" now in the code seems to be redundant. Section 22.04.170 Illegal sign. Annotation; The definition for "Illegal Signs"is no longer needed—no "Illegal sign" is any sign erected, constructed, altered or enlarged contrary to reference in proposed code. the provisions of this title. Section 22.04.180 Illuminated sign. Section 22.04.280 Illumination or illuminated. "Illuminated sign" is a sign which has characters, letters, designs or outline "Illumination" or "illuminated" means a source of any artificial or reflected light, illuminated by electric lights or luminous tubes on, within or attached to the either directly from a source of light incorporated in, or indirectly from an sign, or illuminated by a removed light source. artificial source. Annotation: Definitions of illumination are useful to distinguish between direct and indirect fighting in its sign regulation see below). Section 22.04.290 Indirect illumination. "Indirect illumination" means a source of external illumination, located away from the sign, that lights the sign, but which is itself not visible to persons viewin the sign from any street sidewalk or adjacent property. Section 22.04.300. Internal illumination. "Internal illumination" means a light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface. Section 22.04.190 Incombustible material. Annotation; Definition for 'Incombustible material is being removed, there is "Incombustible material" means any material which will not ignite at or below a no such reference in the proposed ordinance. temperature of twelve hundred degrees Fahrenheit or will not continue to burn or glow at that temperature. 22.04-1 pitions )e 8 of 67 Updated, �/4, 2007 t < < Existing Sign Code—Title 22 Proposed Revisions Chapter 22.04 Chapter 22.04 DEFINITIONS DEFINITIONS Section 22.04.200 Interior sign. Annotation; Interior sign now falls under the provisions of"exempt signs" "Interior sign" is any sign within a building or structure or so placed on a parcel which note that any sign that cannot be viewed from the public right-of-way is that it is not visible from public was or from adjoining parcels or premises. exempt from the sign code regulations Section 22.04.210 Maintenance. Section 22.04.310 Maintenance. "Maintenance" means painting and general servicing as a routine procedure to "Maintenance" means cleaning, painting, changing copy, general servicing, and preserve from failure to decline; the replacement of parts as they fail. repairing as a routine procedure to preserve and keep in working order. Maintenance may include the replacement of parts with like kind parts as such arts fail. Section 22.04.220 Marquee. Section 22.04.320 Marquee. "Marquee" is a permanent, roofed structure attached to and supported by the "Marquee" means a permanent structure other than a roof attached to, building and projecting over the public right of way above an entrance. It shall supported by, and projecting from a building and providing protection from the have fixed drainage. A marquee shall not be covered with fabric or any elements. combustible material. Section 22.04.330 Marquee sign. Section 22.04.230 Marquee sign. "Marquee sign" means any sign painted on or affixed to the sides or face of a "Marquee sign" is any sign painted on or affixed to the sides or face of a marquee. No sign may be affixed to the roof of a marquee; projecting signs marquee. No sign may be affixed to the roof of marquee; projecting signs above a marquee shall not be considered a part of a marquee sign and shall be above a marquee shall not be considered a part of a marquee sign and shall be evaluated under the standards for projecting signs. evaluated under the standards for projecting signs. Section 22.04.240 Master sign permit. Annotation: The provisions for a Master Sign Permit are similar to the criteria "Master sign permit" means a permit issued by the Planning Commission for the used for evaluating a sign variance. Therefore, it is proposed that the master purpose of allowing the owner or occupants of a building or parcel to combine sign permit provisions be eliminated and the sign variance process be used the total lawful sign coverage into one or more signs for the purpose of naming, when someone wants to rearrange signage allowed on different building or designating or identifying the business, enterprises or callings therein parcel frontages. collectively. Section 22.04.340 Monument Sign "Monument Sign" means a ground sign permanently affixed to the ground at its base, supported entirely by a solid base structure only. Section 22.04.350 Movement. "Movement" means physical movement or revolution up or down, around, or sideways that completes a cycle of change at intervals of less than six(6) seconds See also animation). Section 22.04.360 Neon tube illumination. "Neon tube illumination" means a source of light for externally lit signs supplied by a neon tube that is bent to form letters symbols, or other shapes. Section 22.04.245 Noncommercial sign. Section 22.04.370 Noncommercial sign. "Noncommercial sign" is any sign that is not determined to be a commercial "Noncommercial sign"means any sign that is not determined by definition to be sign. a commercial sign. 22.04-Definitions Page 9 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.04 Chapter 22.04 DEFINITIONS DEFINITIONS Section 22.04.250 Nonconforming sign. Section 22.04.380 Nonconforming sign. "Nonconforming sign" means any sign lawfully constructed which fails to "Nonconforming sign" means a sign that was lawfully constructed or installed conform to the provisions of this title. prior to the adoption or amendment of this ordinance and was in compliance with all of the provisions of this ordinance then in effect, but which does not resent)y comply with this ordinance. Section 22.04.390 Occupant. "Occupant" means a use located in a multi-use building or shopping center. Section 22.04.260 Overall height of sign. "Overall height of sign" means the distance between the highest portion of a sign and established grade at its base. Section 22.04.270 Parcel. Section 22.04.400 Parcel. "Parcel" means a single lot, usually fronting on a street, delineated on an official "Parcel" means a single lot, usually fronting on a street, delineated on an official map on file with the county recorder, with separate legal title. map on file with the county recorder, with separate legal title. Section 22.04.280 Parcel frontage. Annotation; The definition for 'parcel frontage"has been incorporated into "Parcel frontage" means the distance along the parcel line or lines abutting the definition for frontage in Section 22.04.260. upon a street or easement giving access to the property. Section 22.04.290 Person. Section 22.04.410 Person. "Person" means any person, firm, partnership, association, corporation, "Person" means any person, firm, partnership, association, corporation, company or organization of any kind. company or organization of any kind. Section 22.04.300 Pole sign. Section 22.04.420 Pole Sign "Pole sign" is a sign permanently and totally supported in or on the ground by a "Pole sign" means a freestanding sign that is permanently supported in a fixed pole or poles, and having at least ten feet of clearance between the lowest location by a structure of poles, uprights, or braces from the ground and not surface of the sign and the grade directly underneath the sign. supported by a building or a solid based structure. Section 22.04.430 Portable sign. "Portable sign" means a sign not permanently attached to the ground or a building or designed to be permanently attached to the ground or a building. Section 22.04.320 Premises. Section 22.04.440 Premises. "Premises" means land, or space in a building or buildings, occupied by a single "Premises" means the lot or lots, plots, portions, or parcels of land considered business or other establishment. as a unit for a single use or development, whether owned, leased, or held by other property right. Section 22.04.340 Primary building frontage. Annotation; It is proposed that the terms 'primary"and "secondary"frontage "Primary building frontage" means building frontage determined to be the no longer be used in the updated sign code. The amount of signage allowed on primary entrance to an establishment, subject to its incorporating either the any frontage is instead determined by the speed of travel on the street major entrance or the common street address. frontage. For frontages that are defined by a parking lot or alley, the size Section 22.04.350 Primary parcel frontage. allocation for the slowest travel speed would apply. "Primary parcel frontage" means parcel frontage determined to have the best exposure to public travel and which forms the principal access to the property; it may incorporate the common street address. 22.04-! )-nitions I Je 10 of 67 Updated. 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.04 Chapter 22.04 DEFINITIONS DEFINITIONS Section 22.04.360 Projecting sign. Section 22.04.450 Projecting sign. "Projecting sign" means a sign attached to and supported by the wall of a "Projecting sign" means a sign attached to and projecting from the wall of a building or structure and extending outward from the face of the wall. This building and not in the same vertical or horizontal plane as the attachment wall. includes but is not limited to fin signs. Section 22.04.370 Real estate sign. Annotation: "Real estate sign"is a definition that is not "content-neutral" "Real estate sign" is a commercial sign that is devoted solely to advertising the there is a provision for "for sale"or "for rent"signs listed in the Exempt Signs sale, exchange, lease, rental, or display of the parcel, building, or other chapter, courts have ruled that these can be specified separately. remises on which the sign is located. Section 22.04.380 Repair. Section 22.04.460 Repair. "Repair" means to reconstruct, rebuild or undertake restoration after a "Repair" means to reconstruct, rebuild or undertake restoration after a substantial degree of neglect and deterioration has occurred. substantial degree of neglect and deterioration has occurred. Section 22.04.390 Roof sign. Section 22.04.470 Roof Sign "Roof sign" is a sign on or attached to any roof of a building, porch, walkway or "Roof sign" means a sign that is displayed on the roof of the building, above the similar covering structure, or any sign attached to a building, porch or other eaves or above the parapet wall. (See also above-roof sign) structure which projects above the level of that structure's parapet wall or lowest level of the roof adjacent to the sign. This definition shall not include a wall sign or projecting sign which is attached to or on a building but extends above an awning or other incidental roof, so long as it does not otherwise come within the above definition of a roof sign. Section 22.04.400 Secondary building frontage. Annotation: These terms are no longer used in the proposed sign code "Secondary building frontage" means the frontage along a wall of a building update(refer to annotation on primary building and parcel frontage above) which is determined to be of secondary importance to the single business or establishment occupying the premises, and only facing onto a street, right-of- way or parking lot. Section 22.04.410 Secondary parcel frontage. "Secondary parcel frontage means any parcel frontage other than the primary frontage. Section 22.04.480 Shopping center. "Shopping center" means a commercial development under unified control consisting of four (4) or more separate commercial establishments sharing a common building, or which are in separate buildings that share a common entranceway or parking area. Section 22.04.420 Sign. Section 22.04.490 Sign. "Sign" is broadly construed to include any advertisement, name, figure, "Sign" means a lettered, numbered, symbolic, pictorial, or illuminated visual character, delineation, announcement, advertising structure, device, symbol or display designed to identify, announce, direct, or inform that is visible from a any other thing of a similar nature designed to identify any person, business, public right-of-way. The term"sign" includes banners, pennants, streamers, commodity or service or to otherwise attract attention and shall include all moving mechanisms, and lights. parts, portions, units or materials composing the same, together with its frame Annotation: The definition as proposed is content-neutral. The choice is or border and background. "Sign" includes outdoor advertising displays and between a broad definition, such as the definition proposed, or a definition outdoor advertising structures. specifying which signs are covered. Though neither alternative is entirely "Sign" includes, but is not limited to street clocks barbershop poles and similar satisfactory, a broad definition is preferable because a detailed definition may 22.04-Definitions Page 11 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.04 Chapter 22.04 DEFINITIONS DEFINITIONS devices used to identify a particular type of business or activity. unintentionally exclude signs that the ordinance should include. The definition "Sign" does not include any display of merchandise which is available for sale. includes noncommercial messages, so it is important to be careful when "Sign" does not include signs maintained entirely within a building which are regulating these messages in the ordinance. maintained more than three feet behind a window in such building. Section 22.04.440 Sign area. Section 22.04.500 Sign area. The area of any sign shall be exposed face area, including any background or "Sign area" means the total face area of a sign. Sign area is measured as backing constructed, painted or installed as an integral part of such sign. follows: On a wall sign, awning sign or canopy sign, or where separately backed or (a) Signs painted on a wall or canopy or individual cut out figures or letters individual cutout figures or letters are used, the area shall be measured as the shall be measured as the area of the smallest polygon, not to exceed area of the smallest polygon, not to exceed six straight sides, which will six straight sides, which will completely enclose all figures, letters, completely enclose all figures, letters, designs and tubing which are a part of designs, framing and tubing which are parts of such sign. such sign. (b) Ground signs, pole signs, monument signs or box signs shall be Where such separate or individual component elements of a sign are spaced or measured to include the entire area encompassed by the box described separated from one another by an area equal to or greater than the area of the in subsection (a) above, including any framing, trim or molding. For adjoining component, each component element shall be considered a separate monument signs, the decorative base and any surrounding structure sign. are not included in the sign area. For pole signs, the pole or poles are "Sign area" is total face area; that is, all faces of a sign. Each side of an awning not included in the sign area unless there are figures or letters on the or canopy shall be considered a separate face, except that the continuous poles. signage on all sides of an awning shall be considered a single sign. (c) "Maximum total sign area" means the maximum total sign area of all signs or of a particular type of sign on a frontage or parcel asspecified. Section 22.04.520 Signable area. "Signable area" means the area in which a sign can be located. (a) Signable area for a projecting sign or awning is: (1) An area enclosed by a box or outline, or (2) An area within a single continuous perimeter composed of a single rectangle, circle, triangle, or parallelogram enclosing the extreme limits of characters, lettering, illustrations, ornamentations, or other figures. (b) Signable area for a wall sign is an area free of architectural details, including but not limited to windows, friezes, corbels, tile and trim, on the fagade of a building or part of a building, measured in the same way that sign area for a sign on a wall is measured. Annotation: The proposed ordinance specifies that signs may only be displayed on the "signable area"of a facade. "Facade"is defined here and is also separately defined. The ordinance does not explicitly limit the signable area to regular shapes, but specifies that it shall be in an area free of architectural features. Section 22.04.430 Signage. "Signage" means the total sign area of all signs on a parcel. 22.04-f #dons f ) 12 0f 67 Updated., 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.04 Chapter 22.04 DEFINITIONS DEFINITIONS Section 22.04.450 Sign exception. Annotation; The term "sign exception"has been replaced with "sign "Sign exception" means a decision by the Planning Commission to approve a variance': The criteria for granting a sign variance are defined in Section sign permit application, the approval of which requires, after public hearing and 22.06.120 findings consistent with Section 22.06.110, a variance from one or more sections of this title. Section 22.04.470 Sign permit. Section 22.04.530 Sign permit. "Sign permit" means a permit from the planning department of the city of "Sign permit" means a permit from the planning department of the city of Burlingame, required for all new signs prior to the issuing of a building permit, Burlingame, required for all new signs prior to the issuing of a building permit, under conditions specified in Chapter 22.06. under conditions specified in Chapter 22.06. Section 22.04.472 Sign permit, administrative. Section 22.04.540 Sign permit, administrative. "Administrative sign permit"means a permit from the city manager required for "Administrative sign permit"means a permit from the city manager required for signs and banners of a civic charitable educational or municipal nature. signs and banners of a civic charitable educational or municipal nature. Section 22.04.550 Sign variance. "Sign variance" means a decision by the planning commission to approve a sign permit application, the approval of which requires, after public hearing and findings consistent with Section 22.06.120, a variance from one or more sections of this title. Section 22.04.475 Sky sign. Section 22.04.570 Sky sign. "Sky sign" is any sign attached to, painted on or suspended from balloon, kite "Sky sign" means any sign attached to, painted on or suspended from a or similar object secured to property within the city of Burlingame. balloon, kite, or similar object secured to real or personal property within the ci see also"Roof sign" and "Above-roof sign"). Section 22.04.580 Special sign. "Special sign" means a sign, other than a freestanding, roof, or wall sign, regulated by chapter 22.46 of this ordinance. Annotation: It is helpful to include a definition that defines special signs so it is clear they are separately regulated from other signs. Section 22.04.480 Structure. Section 22.04.590. Structure "Structure" means anything constructed or erected, or composed of parts "Structure" means anything built that requires a permanent location. This term jointed together in some definite manner. includes a building. Section 22.04.490 Temporary sign. Section 22.04.600 Temporary sign. "Temporary sign" is any sign, flag, banner, pennant or advertising related to an 'Temporary sign" means a sign displayed for a limited period of time. event occurring on a specific date, or between a specific set of proximate dates; any sign of a type normally displayed for a short period of time only. Section 22.04.500 Wall sign. Section 22.04.610 Wall Sign "Wall sign" is any sign, which is placed flat against the exterior wall of any "Wall sign" means a sign painted on or attached to a wall of a structure and in building or any sign, motif, figure, word, words, or object painted directly on the same vertical and horizontal planes as the wall and includes the frame of the surface of the exterior wall of any building. the sign. Section 22.04.510 Window sign. Section 22.04.620 Window sign "Window sign" is any sign which is posted or painted on or otherwise affixed to "Window sign" means a sign applied, painted or affixed to or in the window of a a window, or maintained within three feet of such window, and designed to be building. A window sign may be temporary or permanent. viewed primarily from the exterior of the building or structure. 22,04-Definitions Page 13 of 67 Updated Apri/4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.06 Chapter 22.06 ADMINISTRATION AND ENFORCEMENT OF SIGN CODE ADMINISTRATION AND ENFORCEMENT OF SIGN CODE Chapter 22.06 Chapter 22.06 ADMINISTRATION AND ENFORCEMENT OF SIGN CODE ADMINISTRATION AND ENFORCEMENT OF SIGN CODE Sections: Sections: 22.06.010 Administration and enforcement. 22.06.010 Administration and enforcement. 22.06.020 Sign permit required. 22.06.020 Sign permit required. 22.06.030 Sign permit limitations. 22.06.030 Sign permit limitations. 22.06.040 Frontage and sign area calculations. 22.06.040 Frontage and sign area calculations. 22.06.050 Existing signs. 22.06.050 Existing signs. 22.06.060 Sign permit application--Information required. 22.06.060 Sign permit application--Information required. 22.06.070 Master sign permit. 22.06.070 Permit fees. 22.06.080 Permit fees. 22.06.080 Double permit fee. 22.06.090 Double permit fee. 22.06.090 Time limit for exercise of sign permit. 22.06.100 Time limit for exercise of sign permit. 22.06.100 No permit required. 22.06.110 Exceptions. 22.06.110 Severability clause. 22.06.120 Repealed by 1654§8 22.06.120 Variances. 22.06.130 Building permit required. 22.06.130 Building permit required. 22.06.140 Appeal--Decision of City Planner. 22.06.140 Appeal--Decision of director of community 22.06.150 Appeal--Decision of Planning Commission. development. 22.06.160 Hearing of appeal by council--Finality of decision. 22.06.150 Appeal--Decision of Planning Commission. Section 22.06.010 Administration and enforcement. 22.06.160 Hearing of appeal by council--Finality of decision. The provisions of this title shall be administered and enforced by the City Section 22.06.010 Administration and enforcement. Planner,and such representatives as he may designate.All other officers and The provisions of this title shall be administered and enforced by the director of employees of the city shall assist and cooperate with the City Planner in community development,and such representatives as the planner may administering and enforcing the provisions of this title. designate.All other officers and employees of the city shall assist and cooperate Section 22.06.020 Sign permit required. with the director of community development in administering and enforcing the No person shall erect,move,alter,change,repair,replace,suspend,or attach provisions of this title. any sign,or portion thereof,or cause the same to be done without first Section 22.06.020 Sign permit required. obtaining from the City Planner a permit in writing to do so and paying therefor No person shall erect or display any sign unless the director of community the fees prescribed for such sign permit. development has issued a permit for the sign or unless this chapter exempts the sign from the permit requirement. Section 22.06.030 Sign permit limitations. Annotation: The model ordinance proposes simpler language which says It shall be the duty of the City Planner,upon the filing of an application for a essentially the same thing as our current ordinance. sign permit,to ensure that the following limitations are observed: Section 22.06.030 Sign permit limitations. (a) Each zoning district in the city has maximum signage limits permitted The director of community development shall apply the standards of the sign with a sign permit.Residential districts typically specify a simple code,upon the filing of an application for a sign permit,to ensure that the numeric limit for one or more signs.The commercial districts and the following limitations are observed: light industrial district have limits that increase with primary frontage, (a) Each zoning district in the city has maximum signage limits permitted up to a fixed maximum.These limits are specified in Chapters 22.10 to with a sign permit. These limits are specified in chapters 22.10 to 22.22 inclusive. 22.24 inclusive. (b) Signs enumerated in Chapter 22.34 are exempt from calculation of Annotation.,The reference eliminates the need for language referring to maximum signage per frontage. s iric uses. 22.06-1 Ministration and Enforcement 1 14 of 67 Updated. _)/4,2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.06 Chapter 22.06 ADMINISTRATION AND ENFORCEMENT OF SIGN CODE ADMINISTRATION AND ENFORCEMENT OF SIGN CODE (b) Properties that are zoned "unclassified" shall be subject to the (c) Each sign classification (pole sign, wall sign, projecting sign, etc.) has standards of the closest adjacent zoning district, as determined by the further specifications which are described in succeeding chapters of this director of community development. title; these specifications are to be observed, or a code exception shall (c) Signs enumerated in chapter 22.32 are exempt from calculation of be applied for from the Planning Commission. maximum signage per frontage. (d) Each sign classification (freestanding sign, wall sign, projecting sign, etc.) has further specifications that are described in succeeding chapters of this title. In no case shall a sign variance be granted to increase the maximum total area of signage to be permitted on a parcel. Section 22.06.040 Frontage and sign area calculations. Annotation: Clarifies what code exceptions"are, e.g. sign variance, and In the C-1, C-2 and C-4 commercial districts and in the M-1 light manufacturing limits sign variances to darify that none can be granted for sign size. Key step district, where maximum signage is related to frontage, the following to making sign code more administrative. Court cases have made the old procedures shall determine that frontage for purposes of this title: approach unusable. Section 22.06.040 Frontage and sign area calculations. In the C-1, CR, C-2, ECN,TW, SL, AA&APN, RR, IB, and APS districts, where maximum signage is related to frontage, the following procedures shall determine that frontage for purposes of this title: (a) A distinction shall be observed between parcel frontage and building (a) A distinction shall be observed between parcel frontage and building frontage: frontage. Parcel frontage shall be used for freestanding signs, or (1) Parcel frontage shall be used for freestanding ground signs, or combinations of these signs with any other type. Building frontage shall combinations of these signs with any other type. be used to calculate maximum signage area for signs attached to or (2) Building frontage shall be used to calculate maximum signage area wholly supported by a building or major structure. for signs attached to or wholly supported by a building or major (b) Primary frontage shall be determined and declared by the applicant for structure. the appropriate parcel or building frontage; such declarations shall be (b) Frontage lengths and sign area limits are determined based on the approved by the City Planner and shall be consistent with Section street classification and are listed in the requirements for each zoning 22.04.340 or Section 22.04.350.The length of this primary frontage district. Parcel and building frontage are further defined in Sections shall be the figure used to calculate maximum permitted signage in the 22.04.260. The length of any frontage shall be the figure used to appropriate zoning district, as described in Chapters 22.10 to 22.22 calculate maximum permitted signage on that frontage, as described in inclusive. Chapters 22.10 to 22.24 inclusive. (c) Secondary frontage is any additional frontage, consistent with Section (c) Sign area shall be determined as specified in Section 22.04.500. 22.04.400 or Section 22.04.410, after determination of the primary (d) Any freestanding sign which can be viewed from two street frontages frontage. and which is so placed that it has equal or nearly equal exposure from (d) Sign area shall be determined as specified in Section 22.04.440. each frontage, shall be counted twice, once for each frontage. (e) Any freestanding sign which can be viewed from both a primary and a Annotation: The revised sign code includes references to the new zoning secondary frontage, and which is so placed that it has equal or nearly districts which have been put into place to implement the Bayfront and North equal exposure from each frontage, shall be counted twice, once for Budingame Plans. each frontage. Annotation: See definitions for parcel and building frontage. It is proposed that the concept of primary and secondary frontage be replaced with the concept of defInInfrontages based on type of street width of street, speed of 22,06—Administration and Enforcement Page 15 of 67 Updated April 4, 2007 Existing Sign Code — Title 22 Proposed Revisions Chapter 22.06 Chapter 22.06 ADMINISTRATION AND ENFORCEMENT OF SIGN CODE ADMINISTRATION AND ENFORCEMENT OF SIGN CODE Section 22.06.050 Existing signs. traffic). Size of signs on each type of street varies based on readability by Each establishment shall be entitled to sign area within the above limitations. passing traffic. In pedestrian areas, the signs are proposed to be smaller and However, the area of all existing signs to remain on the premises occupied by oriented so that they can be read by people on foot as well as by passing cars. the establishment shall be reported by the applicant and shall be added to the Signs on frontages defined by an alley or parking lot would also be limited. proposed new sign(s) for comparison with these limitations, which shall govern Section 22.06.050 Existing signs. total sign area, existing and proposed. Each premises shall be entitled to sign area within the limitations set forth in Section 22.06.060 Sign permit application--Information required. this title. However, the area of all existing signs to remain shall be included with Application for a sign permit shall be made upon forms provided by the City any new signs in calculating the maximum total sign area allowed on a parcel. Planner, and shall contain or have attached thereto the following information: Annotation: Says the same thing in simpler terms. (a) Name, address and telephone number of the applicant; Section 22.06.060 Sign permit application — Information required. (b) Address and zoning district of the property to which the sign is to be (a) A person proposing to erect or display a sign shall file an application for attached or erected; a permit with the director of community development. The application (c) Full description of all existing and proposed signs; shall contain the following. (d) Written consent by owner of property; (1) Name, address, and telephone number of sign contractor and (e) Application fee. the owner and occupant of the premises where the sign is to be erected or displayed; (2) the date on which the sign is to be erected or displayed; (3) Address and zoning district in which the sign is located; and any variance that has been approved; (4) Full description as determined by the director of community development of all existing and proposed signs; (5) Written consent of the owner of property; (6) A drawing to scale that shows: 1. all existing signs displayed on the premises; 2. the location, height, and size of any proposed signs; and 3. the percentage of the signable area covered by the proposed sign. (7) Specifications for the construction or display of the sign and for its illumination and mechanical movement, if any. (8) Application fee shall be paid by the applicant at the time of payment for the building permit fee for installation of the sign(s). Annotation: This subsection requires more detailed visual and other information to provide a basis for the permit decision. (b) Review and time limits. The director of community development shall review the application upon the receipt of a completed permit application. The director of community development shall determine if the application complies with the sign code or requires Planning Commission action within twenty (20) days from the date the application was determined to be complete and permit fee was filed 22,06 -Q Ministration and Enforcement f � 16 of 67 Updated.A. ) 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.06 Chapter 22.06 ADMINISTRATION AND ENFORCEMENT OF SIGN CODE ADMINISTRATION AND ENFORCEMENT OF SIGN CODE with the director of community development. Annotation: This process is for the issuance/determination of compliance for an administrative permit. (c) Approval or denial. The director of community development shall approve a permit for the sign if it complies with the building, electrical or other adopted codes of the city and with: 1. The regulations for signs contained in this ordinance and any variance that has been granted from these regulations, and 2. Any approved sign variance for the parcel. (d) If the director of community development does not approve a permit for the sign and it is determined that a variance is not an available option, the director of community development shall state the reasons for the denial in writing, and shall mail a certified copy of the reasons for denial to the address of the applicant stated on the application. Annotation: These subsections require a timely review and decision on the permit application to avoid objections that the permit requirement is an unconstitutional prior restraint on free speech. Additional codes that apply, such as the electrical code should be included. Section 22.06.070 Master sign permit. Annotation: The sign variance process(see below)outlines the provisions "Master sign permit" means a permit issued by the Planning Commission for the under which sign location and placement can be shifted on a site, so long as purpose of allowing the owner or occupants of a building or parcel to combine the overall sign area allowed on the site is not increased. Therefore, there is no the total lawful signage into one or more signs for the purpose of naming, need for a separate master sign permit process. The findings listed in the sign designating, or identifying the business, enterprises or callings therein variance procedure include consideration of aesthetics, mass and placement. collectively. No such permit shall be issued except to the owner or owners, or to a lessee or tenant occupying the entire building or parcel, with the consent of the owner or owners. A master sign permit shall designate the location and size of all signs and shall not be added to or amended except by new application to the Planning Commission. Section 22.06.080 Permit fees. Section 22.06.070 Permit fees. The City Planner, or his authorized representative, shall charge a sign permit A sign permit fee shall be charged for every authorized new sign or set of signs fee for every authorized new sign or set of signs within the city. The amount of within the City. The fees for permit applications are established by the City this fee shall be as prescribed by resolution of the City Council and shall be Council by resolution and shall be nonrefundable. nonrefundable. Annotation: This section requires the payment of fees for permit applications. The courts hold fee requirements for signs constitutional if they are not discriminatory or excessive. It also establishes that the City Council shall set the fees. Section 22.06.090 Double permit fee. Section 22.06.080 Investigation Fees- Work without a permit. The application fee for a sign permit shall be doubled when the installation or (a) Investigation. Whenever a sign is installed for which a permit is alteration of a sign is commenced or completed before the necessary permit is required by this code without first obtaining a sign permit, a special obtained. investigation shall be made before a permit may be issued for the work. 22.06-Administration and Enforcement Page 17 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.06 Chapter 22.06 ADMINISTRATION AND ENFORCEMENT OF SIGN CODE ADMINISTRATION AND ENFORCEMENT OF SIGN CODE (b) Fee. An investigation fee, in addition to the sign permit fee, shall be collected as a civil penalty, whether or not a permit is then or subsequently issued. The investigation fee shall be up to ten times the sign permit fee. The investigation fee shall be determined by the director of community development and shall be based on the staff time reasonably required to resolve all of the issues related to the work that has been performed without a permit, or removal of an illegal sign or sign installed without a permit. No sign permit shall be issued until the investigation fee has been paid in full. Any person assessed such a fee may file an appeal with the city clerk within ten (10) days after written notice to such person of the assessment. A hearing upon such appeal shall thereafter be held by the City Council; its decision thereon shall be final. Nothing in this section shall relieve any persons from fully complying with the requirements of this code, or with any codes incorporated by reference and made a part of this code in the execution of the work, or from any other fees or penalties prescribed by law. Annotation; The sign code subcommittee expressed interest in instituting a process for work without a sign permit that reflects recent changes to the code for work without a building permit. The process outlined above is patterned after the process used for building permits. Section 22.06.100 Time limit for exercise of sign permit. Section 22.06.090 Time limit for exercise of sign permit. In all cases where a sign permit has been approved, a building permit shall be In all cases where a sign permit has been approved, a building permit shall be obtained and the sign(s) erected within a period not to exceed three months obtained and the sign(s) erected within a period not to exceed three (3) months from date of approval, unless the value of the work exceeds one thousand from date of approval, unless the value of the work exceeds one thousand dollars, in which case the schedule specified in Section 18.08.055 shall be dollars, in which case the schedule specified in Section 18.07.070 shall be observed. In the event such sign or signs are not erected within this period, the observed. In the event such sign or signs are not erected within this period, the permit shall become null and void. permit shall become null and void. Section 22.06.100 No permit required. Signs specifically exempted from the provisions of this chapter as specified in Chapter 22.32 are exempt from the permit requirement. Annotation: This subsection exempts several types of signs from the permit requirement. Exemption from the permit requirement does not mean the sign is exempt from the regulations contained in the ordinance. However, exemption from the permit requirement may create an enforcement problem. Section 22.06.110 Severability clause. The invalidation of any section, subsection, clause, or phrase of this chapter by any court of competent jurisdiction shall not affect the validity of the remaining portions of the chapter. 22.06-1 Ministration and Enforcement I � 18 of 67 Updated, 1/4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.06 Chapter 22.06 ADMINISTRATION AND ENFORCEMENT OF SIGN CODE ADMINISTRATION AND ENFORCEMENT OF SIGN CODE Annotation: This is a typical severability clause. Invalidation is intended to include a holding that part of the ordinance is unconstitutional. The inclusion of a severability clause does not guarantee that the remaining portions of the ordinance will be held constitutional but it helps ensure that result. Section 22.06.110 Variances. Section 22.06.120 Variances. (a) In order to prevent or mitigate significant difficulties and unnecessary (a) In order to prevent or mitigate significant difficulties and unnecessary hardship inconsistent with the objectives of this title, the Planning hardship inconsistent with the objectives of this title, the Planning Commission may grant variances from the regulations of this chapter Commission may grant variances from the regulations of this chapter from only the following: height of placement; or location, or, within the from only the following: allowable total square footage, the number of signs on a frontage. (1) Height of placement; or (b) Such a variance shall only be granted when all of the following findings (2) Location; or, are made based on substantial evidence presented to the commission: (3) Within the maximum total sign area allowed on the parcel, the (i) There are exceptional or extraordinary circumstances or number of signs on a frontage. However, no variance shall be conditions applicable to the property, such as size, shape, granted to allow the maximum total number of freestanding topography, street frontage, or surrounding land use, that do signs per parcel frontage to be exceeded. not apply generally to property in the same district; (b) Such a variance shall only be granted when all of the following findings (ii) The granting of the variance is necessary for the preservation are made based on substantial evidence presented to the commission: and enjoyment of a substantial property right of the applicant, 1. There are exceptional or extraordinary circumstances or and to prevent unreasonable property loss or unnecessary conditions applicable to the property, such as size, shape, hardship; topography, street frontage, or surrounding land use, that do (iii) The granting of the application will not be detrimental or not apply generally to other property in the same district; injurious to property or improvements in the vicinity and will 2. The granting of the variance is necessary for the preservation not be detrimental to the public health, safety, general welfare and enjoyment of a substantial property right of the applicant, or convenience; and to prevent unreasonable property loss or unnecessary (iv) That the signage for which the variance is sought will be hardship; compatible with the aesthetics, mass, and character of existing 3. The granting of the application will not be detrimental or and potential signage of properties in the general vicinity. injurious to property or improvements in the vicinity and will (c) Any variance granted shall be subject to such conditions as will assure not be detrimental to the public health, safety, general welfare that the variance authorized shall not constitute a grant of special or convenience; privilege inconsistent with the limitations upon other properties in the 4. That the signage for which the variance is sought will be vicinity and district in which the subject property is located. compatible with the aesthetics, mass, and character of existing and potential signage of properties in the general vicinity. (c) Any variance granted shall be subject to such conditions as will assure that the variance authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located. Annotation; The variance requirements were added in 2001 to replace the sign exception requirements. A variance requires a higher standard of findings and does not allow a variance for total square footage of signage for a site. This process can be used to allow rearranging signs on a site since one of the findings relates to aesthetics and is used in place of the master sin permit. 22.06—Administration and Enforcement Page 19 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.06 Chapter 22.06 ADMINISTRATION AND ENFORCEMENT OF SIGN CODE ADMINISTRATION AND ENFORCEMENT OF SIGN CODE Section 22.06.130 Building permit required. Section 22.06.130 Building permit required. No person shall erect,move,alter,change,repair,replace,suspend or attach No person shall erect,move,alter,change,repair,replace,suspend or attach any sign,or portion thereof,or cause the same to be done without first any sign,or portion thereof,or cause the same to be done without first obtaining from the Building Official a permit in writing to do so and paying obtaining from the building official a permit in writing to do so and paying therefor the fees prescribed for such building permit.Upon receipt of a building therefor the fees prescribed for such building permit.Upon receipt of a building permit application,and evidence of a valid sign permit issued by the City permit application,and evidence of a valid sign permit issued by the director of Planner,the Building Official shall then examine the plans and specifications community development,the building official shall then examine the plans and and other data and the premises upon which it is proposed to erect the sign or specifications and other data and the premises upon which it is proposed to other advertising structure;if it appears that the proposed structure is in erect the sign or other advertising structure;if it appears that the proposed compliance with all the requirements of this title and all other laws and structure is in compliance with all the requirements of this title,the California ordinances of the city,he shall then issue the building permit. Building Code in effect at that time,and all other applicable laws and ordinances of the city,the building official shall then issue the building permit. Annotation: A reference has been added regarding compliance with the California Building Code. The current sign code has many references to construction of signs,this is not necessary since the structural components are reviewed for compliance with building code standards. Section 22.06.140 Appeal--Decision of City Planner. Section 22.06.140 Appeal—Decision of director of community Any applicant aggrieved or affected by any decision of the City Planner,or other development. city official under the provisions of this title,may appeal such decision to the Any applicant who is denied a permit for the display of a sign under the Planning Commission within ten days from the date of such decision.Such provisions of this title may file a written appeal to the Planning Commission appeal must be made in writing,setting forth the grounds therefor and shall be within ten(10)days of the date of the director of community development's filed with the secretary of the Planning Commission. decision. The appeal must be made in writing,setting forth the reasons for the Section 22.06.150 Appeal--Decision of Planning Commission. appeal,include the appeal and noticing fees and shall be filed with the A decision of the Planning Commission shall become final and conclusive upon community development department. the adjournment of the City Council at its next succeeding regular meeting if no Section 22.06.150 Appeal--Decision of Planning Commission. appeal is filed.During the period between the action of the commission and the A decision of the Planning Commission shall become final and conclusive ten adjournment of the next succeeding regular meeting of the council,any person (10)days after the Planning Commission decision on an item if no appeal is may appeal such action to the City Council.Such appeal shall be in writing and filed. For a period ten days after the action of the commission,any person may shall be filed with the city clerk.During the same period,the council,on its own appeal such action to the City Council.Such appeal shall be in writing,shall motion,may suspend the decision of the commission for the purpose of include the appeal and noticing fees and shall be filed with the city clerk.During reviewing the action of the commission. the same period,the council,on its own motion,may suspend the decision of the commission for the purpose of reviewing the action of the commission. Annotation: This change reflects the revision to the appeal procedures Section 22.06.160 Hearing of appeal by council--Finality of decision. adopted by the City Council within the last two years. In the event that an appeal from the action of the commission is taken,the Section 22.06.160 Hearing of appeal by council--Finality of matter shall be referred to the City Council which shall hear the appeal.At the decision. conclusion of its hearing,the City Council shall make its order approving, In the event that an appeal from the action of the commission is taken,the modifying or reversing the action of the commission. matter shall be referred to the City Council which shall hear the appeal.At the The determination and order of the commission,or if an appeal is taken,the conclusion of its hearing,the City Council shall make its order approving, determination and order of the council,shall be final and conclusive. modifying or reversing the action of the commission. The Council's determination shall be final and conclusive. 22,06—/ MMmtion and Enforcement ! _)p 20 of 67 Updated. )/4,2007 Existing Sign Code — Title 22 Proposed Revisions Chapter 22.08 Chapter 22.08 GENERAL REGULATIONS GENERAL REGULATIONS Chapter 22.08 Chapter 22.08 GENERAL REGULATIONS GENERAL REGULATIONS Sections: Sections: 22.08.010 Only permitted signs to be erected. 22.08.010 Only permitted signs to be erected. 22.08.020 Property owner's consent required. 22.08.020 Property owner's consent required. 22.08.030 Maintenance or alteration of existing signs. 22.08.030 Maintenance or alteration of existing signs. 22.08.040 Traffic hazard. 22.08.040 Traffic hazard. 22.08.050 Pedestrian hazard. 22.08.050 Pedestrian hazard. 22.08.060 Public places and objects. 22.08.060 Public places and objects. 22.08.070 Projection into public right-of-way. 22.08.070 Projection into public right-of-way. 22.08.080 Side wall and rear wall signs. 22.08.080 Side wall and rear wall signs. 22.08.090 Removal of sign from city, county or state property upon 22.08.090 Removal of sign from city, county or state property notice. upon notice. 22.08.100 Clearance from utility lines. 22.08.100 Clearance from utility lines. 22.08.110 Electrical permit required. 22.08.110 Glare from signs. 22.08.120 Testing laboratory approval. 22.08.120 Obstruction. 22.08.130 Glare from signs. Section 22.08.010 Only permitted signs to be erected. 22.08.140 Wind pressure. (a) No person shall erect, reconstruct, alter, relocate or place any sign 22.08.150 Seismic forces. within the city except such signs as are permitted by this title. All signs, 22.08.160 Incombustible materials. including the frames, braces or supports thereof, shall be constructed 22.08.170 Obstruction. and maintained in compliance with this title, the California Building Section 22.08.010 Only permitted signs to be erected. Code and National Electrical Code, the zoning ordinance and all other (a) No person shall erect, reconstruct, alter, relocate or place any sign applicable ordinances of the city. within the city except such signs as are permitted by this title. All signs, (b) Noncommercial signs as defined in Section 22.04.370 are permitted including the frames, braces or supports thereof, shall be constructed wherever other signage is permitted under this chapter. and maintained in compliance with this title, the building and electrical (c) Noncommercial signage is subject to the same standards and is codes, the zoning ordinance and all other applicable ordinances of the included within the maximum allowances for signs for the parcel. city. (b) Noncommercial signs are permitted wherever other signage is Section 22.08.020 Property owner's consent required. permitted under this chapter. Noncommercial signage is subject to the It is unlawful for any person to place, attach or maintain any sign, banner, card, same standards and is included within the maximum allowances for sticker, handbill or other advertising device upon or within any property, signs for the parcel. whether public or private, without securing the written consent of the owner or Section 22.08.020 Property owner's consent required. the owner's authorized agent. It is unlawful for any person to place, attach or maintain any sign, banner, card, sticker, handbill or other advertising device upon or within any property, Section 22.08.030 Maintenance or alteration of existing signs. whether public or private, without securing the written consent of the owner or A sign permit shall not be required for the maintenance of an existing sign as his authorized agent. defined in Section 22.04.310, which does not result in a change or alteration in Section 22.08.030 Maintenance or alteration of existing signs. the size, shape, or illumination of the affected sign. Any work other than such A sign permit shall not be required for the maintenance of an existing sign, maintenance shall require a sign permit. such as repainting, which does not result in a change or alteration in the size, shape, or illumination of the affected sign. Any work other than such 22,08 - General Regulations Page 21 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.08 Chapter 22.08 GENERAL REGULATIONS GENERAL REGULATIONS maintenance shall require a sign permit. Section 22.08.040 Traffic hazard. Section 22.08.040 Traffic hazard. (a) No sign shall be erected at the intersection of any street, within a No sign or other advertising structure shall be erected at the intersection of any triangular area formed by the curblines, and their projection, and a line street, within a triangular area formed by the curblines, and their projection, connecting them at points thirty-five (35) feet from the intersection of and a line connecting them at points thirty-five feet from the intersection of the the projected curblines, unless the sign, in compliance with the projected curblines, unless the same, in compliance with the provisions of this provisions of this chapter, has a clearance of at least ten feet above chapter, has a clearance of at least ten feet above curb grade and no part of curb grade. whose means of support has a single or combined horizontal cross-section exceeding twenty-five inches. No Signs unless to' < above grade in 'I this area x '� ---Property Line i Sidewalk 35' Furthermore, no sign shall be erected at any location where, by reason of the (b) No signs shall be erected at or near the intersection of any streets in position, shape or color it may interfere with, obstruct the view of, or be such a manner as to obstruct free and clear vision; or at any location confused with any authorized traffic sign or signal device; or which makes use where, by reason of the position, shape or color it may interfere with, of the words "stop," "go," "caution," "look," "danger," or any other word, obstruct the view of, or be confused with any authorized traffic sign or signal device; or which makes use of the words "stop," "go," "caution," phrase, symbol or character in such a manner as to interfere with, mislead or "look," "danger," or any other word, phrase, symbol or character in confuse traffic. such a manner as to interfere with, mislead or confuse traffic. Section 22.08.050 Pedestrian hazard. Section 22.08.050 Pedestrian hazard. All signs or other advertising structures which are erected at any point where All signs or other advertising structures which are erected at any point where pedestrians might be endangered shall have a smooth surface and no nails, pedestrians might be endangered shall have a smooth surface and no nails, tacks or wires shall be permitted to protrude therefrom. Electrical reflectors and tacks or wires shall be permitted to protrude therefrom. Electrical reflectors and devices may extend over the top and in front of the sign or structure but not devices may extend over the top and in front of the sign or structure but not less than eight feet above the sidewalk. less than eight (8) feet above the sidewalk. Section 22.08.060 Projection into public right-of-way. (a) Signs supported entirely on private property may extend up to four (4) feet into a public right-of-way; provided that in no event shall any sign be permitted to extend within three (3) feet of any portion of a public right-of-way used principally for vehicular traffic. (b) Portions of signs extending into a public right-of-way shall have a minimum vertical clearance of eight(8) feet between the bottom of the sign or its supporting structure and the surface of the ground or sidewalk below; provided, that the minimum vertical clearance for any part of an awning shall be eight(8) feet. 22,08- C feral Regulations 1 22 of 67 Updated. )/4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.08 Chapter 22.08 GENERAL REGULATIONS GENERAL REGULATIONS Section 22.08.060 Public places and objects. Section 22.08.070 Public places and objects. (a) No person shall paint,mark or write on,or post or otherwise affix,any (a) No person shall paint,mark or write on,or post or otherwise affix,any handbill or sign to or upon any sidewalk,crosswalk,curb,curbstone, handbill or sign to or upon any sidewalk,crosswalk,curb,curbstone, street planter,parking meter or post,street lamp post,hydrant,tree, street planter,parking meter or post,street lamp post,hydrant,tree, shrub,tree stake or guard,railroad trestle,electric light or power or shrub,tree stake or guard,railroad trestle,electric light or power or telephone or telegraph pole,or wire appurtenance thereof or upon any telephone or telegraph pole,or wire appurtenance thereof or upon any fixture of the fire alarm or police telegraph system or upon any lighting fixture of the fire alarm or police telegraph system or upon any lighting system,public bridge,drinking fountain,street sign or traffic sign. system,public bridge,drinking fountain,street sign or traffic sign. (b) Any handbill or sign found posted,or otherwise affixed upon any public (b) Any handbill or sign found posted,or otherwise affixed upon any public property contrary to the provisions of this section may be removed by property contrary to the provisions of this section may be removed by the Police Department or the Department of Public Works.The person an agent of the police department or the department of public works. responsible for any such illegal posting shall be liable for the cost The person responsible for any such illegal posting shall be liable for incurred in the removal thereof and the department of public works is the cost incurred in the removal thereof and the department of public authorized to effect the collection of the cost. works is authorized to effect the collection of the cost. (c) Nothing in this section shall apply to the installation of a metal plaque (c) Nothing in this section shall apply to the painting of house numbers or plate or individual letters or figures in a sidewalk commemorating an upon curbs done under permits issued by the Director of Public Works historical,cultural or artistic event,occasion or personality for which the under and in accordance with the provisions of this code. Council has granted a written permit. (d) Nothing in this section shall apply to the painting of house numbers upon curbs done under permits issued by the director of public works under and in accordance with the provisions of this code. Section 22.08.070 Projection into public right-of-way. Signs supported entirely on private property may extend up to four feet into a public right-of-way;provided that in no event shall any sign be permitted to extend within three feet of any portion of a public right-of-way used principally for vehicular traffic. Portions of signs extending into a public right-of-way shall have a minimum vertical clearance of eight feet between the bottom of the sign or its supporting Section 22.08.080 Side wall and rear wall signs. structure and the surface of the ground or sidewalk below;provided,that the Signs erected or painted on the wall of a building or structure which minimum vertical clearance for awnings shall be eight feet. immediately abuts an adjacent parcel privately owned shall require application Section 22.08.080 Side wall and rear wall signs. to and approval by the Planning Commission. The Planning Commission's Signs erected or painted on the wall of a building or structure which decision shall be based on the following findings: immediately abuts an adjacent parcel privately owned shall require application (a) that the placement of the sign does not confuse the public regarding to and approval by the Planning Commission. the premises for which the sign is placed; (b) that the placement of the sign does not adversely impact the adjacent property;and (c) that adequate clearance is provided for maintenance of the sign. Annotation. Since this section requires planning commission approval of this OW of sign,it is important to provide criteria which the planning commission can use when making a decision on a particular sign. 22.08-Genera/Regulations Page 23 of 67 Updated Apri/4,2007 Existing Sign Code — Title 22 Proposed Revisions Chapter 22.08 Chapter 22.08 GENERAL REGULATIONS GENERAL REGULATIONS Section 22.08.090 Removal of sign from city, county or state property Section 22.08.090 Removal of sign from city, county or state upon notice. property upon notice. Any sign which was previously permitted to extend over or to be maintained on Any sign which was previously permitted to extend over or to be maintained on any property in which the city, county, or the state owns an interest shall be any property in which the city, county, or the state owns an interest shall be removed or altered by the person maintaining such sign, at his sole expense, on removed or altered by the person maintaining such sign, at the person's sole thirty days' written notice from the City Planner whenever, by reason of expense, on thirty (30) days' written notice from the director of community changed traffic conditions or the construction or relocation of public development whenever, by reason of changed traffic conditions or the improvements, the City Planner finds that the continued existence of such sign construction or relocation of public improvements, the director of community is no longer consistent with the purposes for which such public property is to be development finds that the continued existence of such sign is no longer used. consistent with the purposes for which such public property is to be used. Section 22.08.100 Clearance from utility lines. Section 22.08.100 Clearance from utility lines. No sign shall be erected or maintained which has less horizontal or vertical No sign shall be erected or maintained which has less horizontal or vertical clearance from communication lines and energized electrical power lines than clearance from communication lines and energized electrical power lines than that prescribed by the law of the state of California or rules and regulations duly that prescribed by the law of the state of California or rules and regulations duly promulgated by agencies thereof. promulgated by agencies thereof. Section 22.08.110 Electrical permit required. No person shall install, or cause to be installed, any electrical wiring, or any Annotation; Provision addressing electrical permit & testing laboratory are electrical lighting, to be used in connection with any sign without first obtaining requirement of the CBC and are addressed there. The electrical components of from the Building Official a permit in writing so to do and paying therefor the a sign are reviewed during the building permit process. fees prescribed. This shall include any sign as defined in this title, whether or not it is located inside any building or structure. Section 22.08.120 Testing laboratory approval. All illuminated signs shall be constructed of materials approved by a recognized testing laboratory to the satisfaction of the Building Official. Section 22.08.130 Glare from signs. Section 22.08.110 Glare from signs. All illuminated signs in all zones shall be designed in such manner as to avoid All illuminated signs in all zones shall be designed in such manner that any cone undue glare or reflection of light on private property in the surrounding area or of light is retained on the property and to avoid undue glare or reflection of to passersby and shall be erected and located in a manner satisfactory to the light on private property in the surrounding area or to passersby and shall be City Planner. erected and located in a manner satisfactory to the director of community Section 22.08.140 Wind pressure. development. All signs and advertising structures, excepting temporary signs, shall be designed and constructed to withstand a wind pressure of not less than the Annotation; All references to items which would be covered by building following intensity applied to the projected exposed area; less than fifty feet in permits for signs, such as structural integrity and fire safety are proposed to be height from the ground to top of sign, twenty-five pounds per square foot of eliminated. There is a reference to building and electrical permit requirements area; over fifty feet in height, thirty pounds per square foot of area. in the previous chapter. Section 22.08.150 Seismic forces. Signs shall be designed and constructed to resist seismic forces as provided in the earthquake regulation appendix as adopted by the building code. Section 22.08.160 Incombustible materials. All signs in Fire Zones Nos. 1 and 2 shall be of incombustible materials except: a Signs not exceeding thirty-five suare feet in area which do not exceed 22.08 - ( feral Regulations 124 of 67 Updated. 1/ 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.08 Chapter 22.08 GENERAL REGULATIONS GENERAL REGULATIONS six feet in height and which are not attached to a building; (b) A single sign on any parcel, not exceeding twenty square feet in area, which complies with all of the following: (1) Does not extend more than two inches over a public right-of- way; (2) Is supported by incombustible material or is attached to an incombustible wall; (c) Temporary signs, as described in Chapter 22.54; (d) Window signs, as described in Chapter 22.58. No combustible materials other than those specifically approved by the Building Official shall be used in the construction of any electric sign; such materials may include plastics, metal over plywood and masonite hardboard. Section 22.08.170 Obstruction. No sign shall be erected, located or maintained so as to prevent free ingress to Section 22.08.120 Obstruction. or egress from any door, window or fire escape. No sign shall be erected, located or maintained so as to prevent free ingress to oregress from any door, window or fire escape. 22.08- General Regulations Page 25 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.10 Chapter 22.10 R-1 AND R-2 DISTRICT REGULATIONS R-1 AND R-2 DISTRICT REGULATIONS Chapter 22.10 Chapter 22.10 R-1 and R-2 District Regulations R-1 and R-2 District Regulations Sections: Sections: 22.10.010 Permitted signs. 22.10.010 Permitted signs. 22.10.020 Sign area. 22.10.020 Sign area. 22.10.030 Number. 22.10.030 Number. 22.10.040 Lighting. 22.10.040 Lighting. 22.10.050 Height. 22.10.050 Height. Section 22.10.010 Permitted signs. Section 22.10.010 Permitted signs. No signs shall be erected or maintained in any first or second residential district No signs shall be erected or maintained in any R-1 or R-2 district except the except the following: following: (a) Signs exempted in chapter 22.34; (a) Signs exempted in Chapter 22.32; (b) Signs permitted by other sections of this title, excluding pole signs and (b) Noncommercial signs permitted in Chapter 22.36; and projecting signs, when appropriate to those conditional uses described by the (c) Freestanding signs and wall signs, subject to the regulations in this zoning ordinance which have a valid conditional use permit; Chapter. (c) Signs permitted by chapter 22.31. Section 22.10.020 Sign area. Section 22.10.020 Sign area. The maximum total sign area on a parcel shall be as follows: Signs in an R-1 or R-2 district shall be limited to fifteen square feet of total sign Parcel Area Maximum Total Sign Area area per parcel. Under 10,000 SF 15 SF per frontage 10,000 SF &over 50 SF per frontage Section 22.10.030 Number. There shall be no more than one sign for each frontage. Section 22.10.030 Number. The maximum total number of signs on a parcel shall be as follows: Parcel Area Maximum Total Sign Number Under 10,000 SF 1 per frontage Section 22.10.040 Lighting. 10,000 SF &over 3 per frontage No signs in a residential district shall be constructed or maintained in such a way that any light bulb, light filament, neon tubing or similar light source is Section 22.10.040 Lighting. visible from beyond the property line. Except as expressly permitted by chapter (a) Each sign shall conform to the limitations and restrictions contained in 22.31, signs with interior illumination and translucent faces are prohibited. Section 22.08.110 regarding exterior lighting. External illumination shall be directed in such a way so that any light bulb, filament, neon tubing or similar light source is not visible from beyond the property line. (b) On parcels 10,000 SF in area or greater, freestanding signs with interior illumination or translucent faces shall be limited to low level illumination that cannot exceed 0.1 foot-candles at any property line; (c) Except for signs less than one square foot in area, on parcels less than 10,000 SF in area, interior illumination of freestanding signs is prohibited. (d) Interior illumination of wall signs is prohibited. (e) All sign illumination shall be turned off by an automatic system during the hours between 10:00 p.m. and 8:00 a.m. 22.10—l' )and R-2 District Regulations 1 26 of 67 Updated �/4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.10 Chapter 22.10 R-1 AND R-2 DISTRICT REGULATIONS R-1 AND R-2 DISTRICT REGULATIONS Section 22.10.050 Height. Section 22.10.050 Height. No portion of any freestanding sign shall exceed six feet above the established No portion of any freestanding sign shall exceed seven (7) feet above the grade below the sign. A sign erected on a building or structure shall not be established grade below the sign. A sign erected on a building or structure shall placed higher than the first story or twelve feet above the established grade not be placed higher than the first story or twelve (12) feet above the below the sign, whichever is lower. established grade below the sign, whichever is lower. Annotations. The change to seven feet as opposed to six feet is based on a Planning Commission decision which was made for the Methodist Church monument sign on Howard and Primrose. It should also be noted that the sign code currently considers twelve feet to be the basic height of a story. In order to simplify the sign code and take out references to use, the Chapter entitled Commercial and Institutional Signs in Residential Districts is proposed to be eliminated and folded into the R-1 and R-2 District Regulations as well as the R-3 and R-4 District Regulations. In thinking about the Commercial and Institutional uses generally found in residential areas(Churches and Schools), we asked what, other than use, differentiates these properties from other properties in these areas. Is there a way to justify larger signs based on some parcels using different criteria? In looking at the existing churches and schools in Burlingame, all but one of them are on parcels 10,000 SF or greater in area, and most single family residential properties are less than 10,000 SF. Therefore, the R-1 and R-2 regulations were written to allow more signage on the larger parcqls rather than basing signage on use. 22,10-R-1 and R-2 District Regulations Page 27 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.12 Chapter 22.12 R-3 AND R-4 DISTRICT REGULATIONS R-3 AND R-4 DISTRICT REGULATIONS Chapter 22.12 Chapter 22.12 R-3 AND R-4 DISTRICT REGULATIONS R-3 AND R-4 DISTRICT REGULATIONS Sections: Sections: 22.12.010 Permitted signs. 22.12.010 Permitted signs. 22.12.020 Sign area. 22.12.020 Sign area. 22.12.030 Number. 22.12.030 Number. 22.12.040 Lighting. 22.12.040 Lighting. 22.12.050 Height. 22.12.050 Height. Section 22.12.010 Permitted signs. 22.12.060 Additional criterion. No signs shall be erected or maintained in any third or fourth residential district Section 22.12.010 Permitted signs. except the following: No signs shall be erected or maintained in any R-3 or R-4 zoned district except (a) Signs exempted in chapter 22.34; the following: (b) Signs permitted by other sections of this title, excluding pole signs and (a) Signs exempted in Chapter 22.32; and projecting signs, when appropriate to those conditional uses described by the (b) Freestanding signs and wall signs subject to the regulations listed in zoning ordinance which have a valid conditional use permit; this chapter. (c) Signs permitted by chapter 22.31. Section 22.12.020 Sign area. Section 22.12.020 Sign area. (a Si ns in an R-3 or R-4 district shall be limited as follows: Signs in a R-3 or R-4 district shall be limited to twenty square feet of total sign Parcel Size Maximum Total Sign Area area per parcel; however, for multifamily dwellings, this may be increased per Parcel Frontage within the limitations of Section 22.34.060. Less than 10,000 SF 15 SF per side 30 SF total sign area 10,000 to 15,000 SF 0.5 SF per lineal foot of 50 SF total sign area parcel frontage per side 25 SF maximum per side 15,000 to 30,000 SF 0.5 SF per lineal foot of 60 SF total sign area parcel frontage per side 30 SF maximum per side More than 30,000 SF 0.5 SF per lineal foot of 100 SF total sign area parcel frontage per side 50 SF maximum per side (b) Monument Sign Incentive: In order to promote monument signs in this district, two-sided monument signs are considered to be one sign and in measuring total sign area, only one side of the sign is included in the calculation. Section 22.12.030 Number. There shall be no more than three (3) signs for each frontage, one of which Section 22.12.030 Number. may be a two-sided monument sign. There shall be no more than one sign for each frontage. Annotation; On the Sign Tour, the subcommittee indicated that the sign at North Park Apartments was appropriately sized and allows for way finding by being two-sided. The sign viewed on the tour is 30 SF per side. Subcommittee members acknowledged that if a site has two frontages, there can be 2 double-faced signs, so they can be seen from both directions, and there would be one on each frontage for a total of 120 SF on the site. 22,12-I' ),7nd R-4 District Regulations / 'P 28 of 67 Updated. �/41 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.12 Chapter 22.12 R-3 AND R-4 DISTRICT REGULATIONS R-3 AND R-4 DISTRICT REGULATIONS Section 22.12.040 Lighting. (a) Each sign shall conform to the limitations and restrictions contained in section 22.08.110 regarding exterior lighting. Exterior illumination shall Section 22.12.040 Lighting. be directed in such a way so that any light bulb, filament, neon tubing No signs in a residential district shall be constructed or maintained in such a or similar light source is not visible from beyond the property line. way that any light bulb, light filament, neon tubing or similar light source is visible from beyond the property line. Except as expressly permitted by chapter (b) On parcels 10,000 SF in area or greater, freestanding signs with interior 22.31, signs with interior illumination and translucent faces are prohibited. illumination or translucent faces shall be limited to low level illumination which cannot exceed 0.1 foot-candies at any property line. (c) On parcels less than 10,000 SF in area, interior illumination of freestanding signs is prohibited. (d) Interior illumination of wall signs is prohibited. (e) All sign illumination shall be turned off by an automatic system during the hours between 10:00 p.m. and 8:00 a.m. Section 22.12.050 Height. No portion of any freestanding monument sign shall exceed seven (7) feet above the established grade below the sign. A sign erected on a building or Section 22.12.050 Height. structure shall not be placed higher than the first story or twelve (12) feet No portion of any freestanding sign shall exceed six feet above the established above the established grade below the sign, whichever is lower. grade below the sign. A sign erected on a building or structure shall not be placed higher than the first story or twelve feet above the established grade Section 22.12.060 Additional criterion. below the sign, whichever is lower. In addition, up to a total of six (6) signs per parcel not to exceed three (3) feet in height and no larger than three (3) square feet located at driveway entrances and within parking areas shall be exempt from the total square footage calculation. Annotation; The provisions of Chapter 22.31, Commercial and Institutional Signs in Residential Areas have been incorporated into the R-3 and R-4 regulations. In order to avoid content based regulations(allowing larger signs for certain uses, the regulations are now based on the size of a parcel). Most of the churches and schools are on parcels larger than 10,000 SF, so would be allowed additional si na e based on this criteria. 22,12-R-3 and R-4 District Regulations Page 29 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.14 Chapter 22.14 C-1 District Regulations C-1 &CR District Regulations Chapter 22.14 Chapter 22.14 C-1 DISTRICT REGULATIONS C-1 &CR DISTRICT REGULATIONS Sections: Sections: 22.14.010 Permitted signs. 22.14.010 Permitted signs. 22.14.020 Sign area—Primary frontage. 22.14.020 Prohibited signs. 22.14.030 Sign area—Secondary frontage. 22.14.030 Sign area and placement for wall signs, awning signs and 22.14.040 Number. projecting signs. 22.14.050 Lighting. 22.14.040 Number. 22.14.060 Height. 22.14.050 Freestanding monument signs. Section 22.14.010 Permitted signs. 22.14.060 Illumination requirements. Any signs permitted by other sections of this title, except pole signs, are permitted 22.14.070 Additional criterion. in the C-1 district. Section 22.14.010 Permitted signs. Section 22.14.020 Sign area—Primary frontage. Awning signs, freestanding monument signs, projecting signs and wall signs are Any establishment with primary frontage not exceeding fifty linear feet is entitled permitted in the C-1 &CR Districts, as specified in this chapter and as described to fifty square feet of signage. For each additional foot of primary frontage greater in Chapters 22.26, 22.34, 22.42 and 22.48, subject also to the size, number and than fifty feet, one additional square foot of signage shall be allowed, except that height regulations specified below. in no case shall more than one hundred fifty square feet of signage be permitted. Section 22.14.020 Prohibited signs Primary Frontage Maximum Signage In addition to the signs specified in Chapter 22.40, Prohibited Signs, pole signs Length (feet) Area (square feet) are prohibited. 50 or less 50 Section 22.14.030 Sign area and placement for wall signs, awning 55 55 signs and projecting signs. 60 60 (a) The maximum total sign area for wall signs, projecting signs and awning 80 80 signs allowed on each building frontage shall be determined based on the 100 100 length of the building frontage and calculated in accordance with the 150 or more 150 maximum. following table: Section 22.14.030 Sign area—Secondary frontage. An additional fifty square feet of signage shall be allowed on each secondary Building Frontage Length Maximum Total Sign frontage, regardless of frontage length. Area for Building Frontage 50 feet or less 60 SF 51 feet to 100 feet 120 SF 101 feet to 150 feet 180 SF More than 150 feet 200 SF Annotation; The sign regulations in the C-1 & CR zoned areas(Broadway and Burlingame Avenue Commercial Districts and a few small sites on Oak Grove, Rollins Road and El Camino Real)have generally been adequate for the businesses located there. Most of the frontages are narrow and pedestrian oriented, so larger signs are not needed. A minor increase in total sign area is proposed to accommodate these businesses. 22,14— C c CR District Regulations l �30 067 Updated o 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.14 Chapter 22.14 C-1 District Regulations C-1 &CR District Regulations (b) Wall signs shall be permitted on any designated frontage subject to the sign area limitations listed above and the placement requirements listed in Chapter 22.48. (c) The maximum height of wall signs shall be limited to the height of the signable area of the wall face as defined in Section 22.04.520. (d) When located below twenty-four (24) feet in height, awning signs and projecting signs, in accordance with the regulations stated in chapters 22.26 and 22.42 shall be permitted as well as wall signs. Annotation: The existing sign code regulates height by stories in the building, with less signage allowed on upper stories. In recent changes on the Bayfront, it was determined that as long as a sign was placed appropriately on the building, the height(elevation from the ground) of the sign was not as big of a concern. It is proposed that the height of monuments signs be regulated as shown, and that the height(elevation from the ground)of wall signs be determined within the Section 22.14.040 Number. "signable area"of a building. Signable area is defined as an area free of There shall be no more than three signs for each frontage. architectural details and below the eaves or parapet(see Section 22.04.490). Section 22.14.040 Number. There shall be no more than five signs for each building frontage. Annotation; In looking at past sign exceptions granted in C-1 zoned areas, the primary request has been for number and location rather than size. On Burlingame Avenue, there have been several requests granted for number of signs and, based on this past practice. It is proposed here that the maximum number of signs per building frontage be increased from 3 to 5. Section 22.14.050 Freestanding monument signs (a) Based on the following criteria and subject to the standards of chapter 22.34, one two-sided freestanding monument sign shall be permitted on a parcel frontage of one hundred (100) feet or greater, and three (3) two-sided freestanding monument signs shall be permitted on a parcel frontage of four hundred (400) feet or greater: Street on which Maximum Maximum Sign Area per Monument Sign Parcel Frontage is Height for Parcel Frontage Located EI Camino Real 8' 100 SF per side 200 SF total sign area Broadway&Howard 8' 50 SF per side 100 SF total sign area Howard Avenue 8' 50 SF per side 100 SF total sign area All Other Streets local 5' 30 SF per side 60 SF total sign area (b) Monument Sign Incentive: In order to promote monument signs in this district, two-sided monument signs are considered to be a single sign and in measuring total sign area, only one side of the sign is included in the calculation. 22,14—C-1 & CR District Regulations Page 31 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.14 Chapter 22.14 C-1 District Regulations C-1 &CR District Regulations Section 22.14.050 Lighting. (c) Freestanding monument signs are prohibited on a parcel frontage of less All forms of illumination are permitted. than one hundred (100) feet in length. Section 22.14.060 Height. No portion of any sign shall exceed twenty feet in height above the established 22.14.060 Illumination requirements. grade below the sign, except that a sign erected on a building or structure may be (a) A permanent sign may be non-illuminated, illuminated by internal, placed higher than the first floor subject to its area being reduced by the internal indirect or external indirect illumination. Consistency with Section following: 22.08.110 is required. Signs that are externally lit shall be illuminated (a) Second floor: sixty percent of permitted signage; only with steady, stationary, down-directed, and shielded light sources (b) Third floor: thirty percent of permitted signage; directed solely onto the sign. (c) Fourth floor or above: zero percent of permitted signage. (b) A sign may not be animated, have changeable copy or have flashing Where a structure has no floors, or the floors have unusual spacing, a floor shall illumination. be defined as each twelve-foot increase in height. (c) Awning signs shall not be internally illuminated. 22.14.070 Additional criterion. (a) In addition, up to a total of six (6) signs per parcel, not to exceed three (3) feet in height and no larger than three (3) square feet located at driveway entrances and within the parking area shall be exempt from the totalsquare footage calculation. 22,14— f CR District Regulations / y 32 of 67 Updated Y4. 2007 � f � Existing Sign Code—Title 22 Proposed Revisions Chapter 22.16 Chapter 22.16 C-2 DISTRICT REGULATIONS C-2 DISTRICT REGULATIONS Chapter 22.16 Chapter 22.16 C-2 DISTRICT REGULATIONS C-2 DISTRICT REGULATIONS Sections: Sections: 22.16.010 Permitted signs. 22.16.010 Permitted signs. 22.16.020 Sign area—Primary frontage. 22.16.020 Prohibited signs. 22.16.030 Sign area—Secondary frontage. 22.16.030 Sign area. 22.16.040 Sign area—Motor vehicle sales. 22.16.040 Number. 22.16.050 Number. 22.16.050 Freestanding signs. 22.16.060 Lighting. 22.16.060 Illumination requirements. 22.16.070 Height. 22.16.070 Changeable copy signs. Section 22.16.010 Permitted signs. 22.16.080 Additional criterion. Any signs permitted by other sections of this title are permitted in the C-2 Section 22.16.010 Permitted signs. district. Awning signs, changeable copy signs, freestanding monument signs, projecting Section 22.16.020 Sign area—Primary frontage. signs and wall signs are permitted in the C-2 District, as specified in this chapter Any establishment with primary frontage not exceeding fifty linear feet is and as described in Chapters 22.26, 22.34, 22.42 and 22.48, subject to the size, entitled to fifty square feet of signage. For each additional foot of primary number and height regulations specified below. frontage greater than fifty feet, one additional square foot of signage shall be Section 22.16.020 Prohibited signs. allowed, except that in no case shall more than one hundred fifty square feet of All signs specified in Chapter 22.40, Prohibited Signs, are prohibited. signage be permitted. Section 22.16.030 Sign area and placement for wall signs, awning Primary Frontage Maximum Signage signs and projecting signs. Length (feet) Area (square feet) (a) The aggregate total sign area for wall signs, projecting signs and 50 or less 50 awning signs allowed on each building frontage shall be determined 55 55 based on the length of the building frontage calculated in accordance 60 60 with the following table: 80 80 100 100 Building Frontage Length Maximum Total 150 or more 150 maximum. Sign Area Per Section 22.16.030 Sign area—Secondary frontage. Building Frontage An additional fifty square feet of signage shall be allowed on each secondary 50 feet or less 150 SF frontage, regardless of frontage length. 51 feet to 100 feet 300 SF Section 22.16.040 Sign area—Motor vehicle sales. 101 feet to 150 feet 450 SF "Auto Row" is a visible and important part of the city. It is recognized that this Over 150 feet 500 SF section of the C-2 district, concentrated along California Drive, has and should maintain a special character different from other commercial areas. To support (b) Wall signs shall be permitted on any building frontage subject to the this objective, any establishment in the C-2 district between Burlingame Avenue sign area limitations listed above and the placement requirements listed and Peninsula Avenue, whose principal activity is the sale of new or used motor in Chapter 22.48. vehicles, having a primary frontage not exceeding fifty linear feet is entitled to (c) The maximum height of wall signs shall be limited to the height of the one hundred fifty square feet of signage. For each additional foot of primary signable area of the wall face as defined in Section 22.04.520. frontage greater than fifty feet, one additional square foot of signage shall be (d) When located below twenty-four (24) feet in height, awning signs and allowed, except that in no case shall more than three hundred square feet of projecting signs, in accordance with the regulations stated in Chapters signage be permitted. 22.26 and 22.42 shall be permitted as well as wall signs. 22,16— C-2 District Regulations Page 33 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.16 Chapter 22.16 C-2 DISTRICT REGULATIONS C-2 DISTRICT REGULATIONS Primary Frontage Maximum Signage Length (feet) Area (square feet) 50 or less 150 Section 22.16.040 Number. 55 155 There shall be no more than five (5) signs for each building frontage. 60 160 Annotation: The C-2 zoning district is the area which contains the Auto Row area and 80 180 the other auto dealers near Rollins Road and Broadway, as well as the Commercial Areas 100 200 along California Drive. Signage is an important component to car dealers,particularly 150 250 because the buildings for car dealers are not as prominent, so there is not as much 200 or more 300 maximum. opportunity for large wall signs In order to account for the two-sided pole signs which An additional one hundred square feet of signage shall be allowed on each are a staple for this type of business, it is proposed that the overall area for signs be increased for this area. The survey of auto row signs conducted in 2001 indicated that secondary frontage, regardless of frontage length. the total area of signs per site ranged from 120 SF to 758 SF. The average area along Window signs in establishments on "Auto Row," whose principal activity is the California Drive was 320 SF,, while the average along Broadway/Rollins was 640 SF. The sale of new or used motor vehicles, shall be exempt from the conditions of this 500 SF maximum sign area for parcels with a frontage length over 150 feet would title, and their face area shall not be included in signage calculations. accommodate 70%of the existing signs in these areas Section 22.16.050 Number. Section 22.16.050 Freestanding signs. There shall be no more than three signs for the first two hundred feet of each In addition to the wall, awning and projecting signs allowed in Section frontage, and a further one sign for each additional one hundred feet of 22.16.030, the following freestanding signs shall be permitted as follows: frontage or portion thereof. (a) Monument Signs: Section 22.16.060 Lighting. 1. One two-sided freestanding monument sign shall be permitted All forms of illumination are permitted. on a parcel frontage of at least one hundred-fifty (150) feet Section 22.16.070 Height. based on the following criteria and subject to the standards in No portion of any sign shall exceed twenty feet in height above the established Chapter 22.34. grade below the sign, except that a sign erected on a building or structure may Street on which Maximum Maximum Sign Area for a be placed higher than the first floor subject to its area being reduced by the Parcel Frontage Height Monument Sign following: (a) Second floor: sixty percent of permitted signage; is Located Broadway (b) Third floor: thirty percent of permitted signage; 12 feet 75 SF per side 150 SF total area California Drive 12 feet 75 SF (c) Fourth floor or above: zero percent of permitted signage. per side 150 SF total area Where a structure has no floors, or the floors have unusual spacing, a floor Rollins Road 12 feet 75 SF per side 150 SF total area All other Streetslo shall be defined as each twelve-foot increase in height. cal 5 feet 30 SF per side 60 SF total area Pole signs for motor vehicle sales in that area described in Section 22.16.040 2. Monument Sign Incentive: In order to promote monument shall be exempt from the above, but in no case shall exceed a maximum height signs in this district, two-sided monument signs are considered of thirty-one feet. to be a single sign and in measuring total sign area, only one side of the sign is included in the calculation. 3. Freestanding monument signs are prohibited on a parcel frontage of less than one hundred-fifty (150) feet in length. 22.16- ( District Regulations �e 34 of 67 Updated. l 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.16 Chapter 22.16 C-2 DISTRICT REGULATIONS C-2 DISTRICT REGULATIONS (b) Pole Signs 1. One freestanding pole sign shall be permitted on each parcel frontage of at least one hundred-fifty (150) feet on the following streets and subject to the following criteria. Two (2) freestanding pole signs shall be permitted on each parcel frontage of at least three hundred (300) feet on the following streets and subject to the following criteria: Street on which Maximum Maximum Sign Area Parcel Frontage is Height of Each Pole Sign Located Broadway 25 feet 150 SF per side 300 SF total sign area California Drive 25 feet 150 SF per side 300 SF total sign area Rollins Road 25 feet 150 SF per side 300 SF total sign area 2. There shall be no incentive for pole signs, a pole sign shall be counted as two signs, and each side shall be counted in the total sign area. 3. Pole signs are prohibited on parcel frontages less than one hundred-fifty (150) feet in length. Annotation: Since there is a lot of traffic on these streets as well as many auto dealerships with specific signage needs, it is proposed that pole signs be permitted on Broadway, Rollins Road& California Drive. Most of the businesses on California Drive that are not car dealers have narrower parcel frontages, so they will not be allowed to have pole signs, but can have monument signs. By allowing only one two-sided sign per parcel larger than 150 feet, the spacing should be adequate to prevent excessive sign clutter. There are a few parcels with frontages greater than 300 feet in length. It is proposed that two pole signs would be allowed on parcels with a frontage length greater than 300 feet. The current code allows 31'tall pole signs for auto dealers with both sides of the sign counting in area and number, the existing nonconforming Rector pole sign is 85'tall with a sign area of 300 SF per side(600 SF total). Section 22.16.060 Illumination requirements. (a) A permanent sign may be non-illuminated, illuminated by internal, internal indirect or external indirect illumination. Consistency with Section 22.08.110 is required. Signs that are externally lit shall be illuminated only with steady, stationary, down-directed, and shielded light sources directed solely onto the sign. 22,16- C-2 District Regulations Page 35 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.16 Chapter 22.16 C-2 DISTRICT REGULATIONS C-2 DISTRICT REGULATIONS (b) A sign may not be animated or have flashing illumination. (c) Awning signs shall not be internally illuminated. Section 22.16.070 Changeable copy signs. A portion of a monument or freestanding pole sign may include changeable copy, subject to Chapter 22.28. Section 22.16.080 Additional criterion. In addition, up to a total of six (6) signs per parcel, not to exceed three (3) feet in height and no larger than three (3) square feet located at driveway entrances and within the parking area shall be exempt from the total square footage calculation. 22,16—C District Regulations f P 36 067 Updated 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.18 Chapter 22.18 C-3 District Regulations ECN &TW District Regulations Chapter 22.18 Chapter 22.18 C-3 DISTRICT REGULATIONS ECN &TW DISTRICT REGULATIONS Sections: Sections: 22.18.010 Permitted signs. 22.18.010 Permitted signs. 22.18.020 Sign area. 22.18.020 Prohibited signs. 22.18.030 Number. 22.18.030 Sign area. 22.18.040 Lighting. 22.18.040 Number Section 22.18.010 Permitted signs. 22.18.050 Freestanding monument signs. Wall signs and freestanding signs are permitted, subject to the following 22.18.060 Illumination requirements. limitations: 22.18.070 Additional criteria. (a) No sign shall project higher than the eave line of the building or more Section 22.18.010 Permitted signs. an fifteen feet above the sidewalk line, whichever is the lower. Awning signs, freestanding monument signs, projecting signs and wall signs are (b) Sign copy shall be limited to the name of the persons or the type of permitted in the ECN &TW Districts, as specified in this chapter and as business occupying the premises, and letter size shall not exceed four inches in described in Chapters 22.26, 22.34, 22.42 and 22.48, subject also to the size, height. number and height regulations specified below. Section 22.18.020 Sign area. Section 22.18.020 Prohibited signs. Signs in a professional business district shall be limited to twenty-five square In addition to the signs specified in Chapter 22.40, Prohibited Signs, pole signs feet in total sign area per building or parcel. are prohibited. Section 22.18.030 Number. Section 22.18.030 Sign area and placement for wall signs, awning There shall be no more than one sign for each frontage. signs and projecting signs. Section 22.18.040 Lighting. (a) The maximum total sign area for wall signs, projecting signs and No sign shall be constructed or maintained in such a way that any light bulb, awnings signs allowed on each building frontage shall be determined light filament, neon tubing or similar light source is visible from beyond the based on the length of the building frontage calculated in accordance property line. Signs with interior illumination and translucent faces are with the following table: prohibited. Building Frontage Length Maximum Total Sign Area per Building Frontage 50 feet or less 60 SF 51 feet to 100 feet 120 SF 101 feet to 150 180 SF More than 150 feet 200 SF Annotation: These two areas within the North Burlingame/Rollins Road Specific Plan El Camino Real North corridor boundaries are proposed to be similar in nature to the Burlingame Avenue and Broadway Commercial areas, so the overall sign area is proposed to be the same as the C-1 zone district. However, since these areas are proposed as mixed use with residential uses above retail and office, it is proposed that wall signs be limited to the first two stories of the building, and not be extended to the residential portions of the building above. 22,18—ECN& TW District Regulations Page 37 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.18 Chapter 22.18 C-3 District Regulations ECN &TW District Regulations (b) Wall signs shall be permitted on any building frontage subject to the sign area limitations listed above and the placement requirements listed in Chapter 22.48. (c) The maximum height of wall signs shall be limited to the height of the signable area of the first two (2) stories or twenty-four (24) feet of wall face, whichever is less, as defined in Section 22.04.500. (d) Awning signs and projecting signs, in accordance with the regulations stated in chapters 22.26 and 22.42 shall be permitted instead of wall signs and shall be limited to the first two stories or twenty-four (24) feet in height, whichever is less. Annotation; Because of the mixed use nature of this area, with residential uses proposed above retail and office uses, it is proposed that wall signs, awning signs and projecting signs be limited to the first two stories. Only the first two floors of a mixed use building would be allowed to be retail or office. This accomplishes two things: it keeps the signs pedestrian in character and keeps signs off the residential portions of the building.. Section 22.18.040 Number. There shall be no more than five (5) signs for each building frontage. Annotation; The same rationale applies in this area as was used for the C-1 District Regulations, that retailers have been requesting exceptions for number of signs rather than area(smaller, repetitive signs such as on J Crew and Ann Taylor). Section 22.18.050 Freestanding monument signs (a) In addition to the wall, awning and projecting signs allowed in Section 22.18.030, one two-sided freestanding monument sign shall be permitted on a parcel frontage of at least one hundred-fifty (150) feet based on the following criteria and subject to the standards in Chapter 22.34. Street on which Maximum Maximum Sign Area of Monument Parcel Frontage is Height Sign Located California Drive 8' 50 SF per side 100 SF total sign area EI Camino Real 8' S0 SF er side 100 SF total sign area Magnolia 8' 50 SF per side 100 SF total sign area Murchison 8' 50 SF per side 100 SF total sign area Trousdale 8' 50 SF per side 100 SF total sign area 22.18—! & TW District Regulations l P 38 of 67 Updated, Y 41 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.18 Chapter 22.18 C-3 District Regulations ECN &TW District Regulations Street on which Maximum Maximum Sign Area of Monument Parcel Frontage is Height Sign Located All other Streets 5' 30 SF per side 60 SF total sign area local (b) Monument Sign Incentive: In order to promote monument signs in this district, two-sided monument signs are considered to be a single sign and in measuring total sign area, only one side of the sign is included in the calculation. (c) Freestanding monument signs are prohibited on parcels with a parcel frontage of less than one hundred-fifty (150) feet in length. Section 22.18.060 Illumination requirements. (a) A permanent sign may be non-illuminated, illuminated by internal, internal indirect or external indirect illumination. Consistency with Section 22.08.110 is required. Signs that are externally lit shall be illuminated only with steady, stationary, down-directed, and shielded light sources directed solely onto the sign. (b) A sign may not be animated, have changeable copy or have flashing illumination. (c) Awning signs shall not be internally illuminated. Section 22.18.070 Additional criterion. In addition, up to a total of six (6) signs per parcel, not to exceed three (3) feet in height and no larger than three (3) square feet located at the driveway entrances and within parking areas shall be exempt from the total square footage calculation. 22,18—ECN& TW District Regulations Page 39 of 67 Updated April 4, 2007 PROPOSED SL,AA &APN SIGN DISTRICT REGULATIONS Shoreline Anza and Anza Point North Areas of the Bayfront Specific Plan Chapter 22.20 SL,AA&APN SIGN DISTRICT REGULATIONS Shoreline, Anza, Anza Extension and Anza Point North Areas of the Bayfront Specific Plan Sections: 22.20.010 Permitted signs. 22.20.020 Prohibited signs. 22.20.030 Sign area. 22.20.040 Freestanding monument signs. 22.20.050 Wall signs. 22.20.060 Awning signs. 22.20.070 Illumination requirements. 22.20.080 Additional criteria. Section 22.20.010 Permitted signs. Awning signs, freestanding monument signs, projecting signs and wall signs are permitted in the SL, AA and APN Districts, as specified in this chapter and as described in Chapters 22.26, 22.34, 22.42 and 22.48, subject also to the size and height regulations specified below. Section 22.20.020 Prohibited signs. In addition to the signs specified in Chapter 22.40, Prohibited Signs, pole signs are prohibited. Section 22.20.030 Sign area. (a)The maximum total sign area allowed at or below twenty-four(24) feet on each building frontage shall be determined based on the length of the building frontage on which the signs are placed and calculated in accordance with the following table: Building Frontage Length Maximum Total Area for All Signs Below 24 Feet in Height Less than 100 feet 100 SF 100 feet to 150 feet 150 SF 151 feet to 250 feet 250 SF 251 feet to 350 feet 350 SF Over 350 feet 350 SF (b)The maximum total sign area allowed above twenty-four (24) feet on each building frontage is 350 square feet. Annotation; The square footage allotments for SL, AA &APN zoning were taken from the most recent sign code update for this area (2004). These standards were developed using a sign survey of existing signs in this area. This reflects an average of existing signage which now exists on prominent hotel and office sites in the SL, AA &APN zoned portions of the Bayfront. Please note that since the existing sign code was recently updated and is similar to what is proposed, the existing sign code text for these districts is not included in the annotated copy. Section 22.20.040 Freestanding signs. (a) In addition to the total sign area allowed under section 22.22.030 above, one two-sided freestanding monument sign shall be permitted on each parcel frontage of at least one hundred-fifty (150) feet in length based on the following criteria and subject to the standards in Chapter 22.34: 22.20—! �A &APN District Regulations I 'e 40 of 67 Updated, �/4, 2007 PROPOSED SL, AA&APN SIGN DISTRICT REGULATIONS Shoreline Anza and Anza Point North Areas of the Bayfront Specific Plan Street on which Parcel Maximum Maximum Sign Area for Monument Frontage is Located Height Sign Airport Boulevard 8 feet 75 SF per side 150 SF total area Ba shore Highway 8 feet 75 SF per side 150 SF total area All other Streets local 8 feet 40 SF per side 80 SF total area (b) Monument Sign Incentive: In order to promote monument signs in this district, two-sided monument signs are considered to be one sign and in measuring total sign area, only of one side of the sign is included in the calculation. (c) In addition to the total sign area allowed under section 22.22.030, one freestanding monument sign at a height of not more than 8 feet and with a maximum sign area of twenty-five 25 SF per side (fifty (50) SF total) shall be permitted on each parcel frontage of less than one hundred-fifty (150) feet in length. Annotation; The concept of a maximum sign area for monument signs is not in the existing code, in the current sign code the configuration of wall and freestanding signs is left up to the applicant, as long as the total signage on the site is not exceeded. This provision also allows for only one freestanding sign per parcel. The optimum distance between Freestanding signs is at least 150 feet at certain speeds, and 300 feet at higher speeds. The ordinance is proposed to allow larger signs on the major street frontages for parcels which have 150'or more of frontage on that street. There are only a few parcels in the Shoreline, Anza and Anza Point North areas with frontages less than 150: This section was written to allow a much smaller sign on these smaller parcels, In addition to eliminating clutter and increasing visibility, this approach may add another incentive to combine parcels so that there would be more sign area for their business. The criteria used to arrive at the size and height of Freestanding signs is based on the speed of travel along each of the designated streets, the ability to read a sign from a car, as well as the length of the frontage. Section 22.20.050 Wall signs. (a) Wall signs shall be permitted on any parcel frontage subject to the sign area limitations of Section 22.20.030 and the placement requirements listed in Chapter 22.48. (b) There shall be no more than three (3) wall signs at a height below twenty-four (24) feet in height. (c) No more than three (3) signs above a height of twenty-four feet are allowed on any parcel frontage, and no single sign above twenty-four (24) feet in height shall be larger than two hundred-fifty (250) square feet. For purposes of this section, no building shall be considered to have more than four (4) building frontages regardless of the building's design or parcel. Section 22.20.060 Awning signs. When located below twenty-four (24) feet in height, awning signs, in accordance with the regulations stated in Chapter 22.26 shall be permitted addition to wall signs. Section 22.20.070 Illumination requirements. (a) A permanent sign may be non-illuminated, illuminated by internal, internal indirect or external indirect illumination. Consistency with Section 22.08.110 is required. Signs that are externally lit shall be illuminated only with steady, stationary, down-directed, and shielded light sources directed solely onto the sign. (b) A sign may not be animated, have changeable copy or have flashing illumination. (c) Awning signs shall not be internally illuminated. Section 22.20.080 Additional criteria (a) In addition, up to a total of six (6) signs per parcel not to exceed three (3) feet in height and no larger than three (3) square feet located at driveway entrances and within parking areas shall be exempt from the total square footage calculation. (b) No single sign at a height of twenty-four(24) feet or less may be larger than two hundred (200) square feet. c The only signs allowed at a height above twenty-four 24 feet are wall signs. 22.20-SL,AA &APN District Regulations Page 41 of 67 Updated April 4, 2007 PROPOSED RR DISTRICT REGULATIONS Rollins Road and Adrian Road Auto Row Overlay Subareas of the North Burlingame/Rollins Road Specific Plan Chapter 22.22 RR DISTRICT REGULATIONS Rollins Road and Adrian Road Auto Row Overlay Subareas of the North Burlingame/Rollins Road Specific Plan Sections: 22.22.010 Permitted signs. 22.22.020 Prohibited signs. 22.22.030 Sign area. 22.22.040 Freestanding signs. 22.22.050 Wall signs. 22.22.060 Awning signs. 22.22.070 Illumination requirements. 22.22.080 Changeable copy signs. 22.22.090 Additional criteria. Section 22.22.010 Permitted signs. Awning signs, changeable copy signs, freestanding monument signs, projecting signs and wall signs are permitted in the RR District, as specified in this chapter and as described in Chapters 22.26, 22.28, 22.34, 22.42 and 22.48, subject also to the size and height regulations specified below. Section 22.22.020 Prohibited signs. All signs specified in Chapter 22.40, Prohibited Signs, including roof signs and above-roof signs are prohibited. Pole signs are allowed only as specified in section 22.22.040 below. Section 22.22.030 Sign area. The total sign area allowed on each frontage shall be determined based on the length of the building frontage and calculated in accordance with the following table: Parcel Frontage Length Maximum Total Sign Area for Parcel Frontage 50 feet or less 150 SF 51 feet to 100 feet 200 SF 101 feet to 150 feet 250 SF 150 feet to 200 feet 300 SF Over 200 feet 350 SF Annotation; The total sign area for the RR District is proposed to be the same as for the IB and APS zoned areas, because the building heights and uses are similar in scale and location. 22,22-f pistrict Regulations 1 42 of 67 Updated, 4, 2007 PROPOSED RR DISTRICT REGULATIONS Rollins Road and Adrian Road Auto Row Overlay Subareas of the North Burlingame/Rollins Road Specific Plan Section 22.22.040 Freestanding signs. (a) In addition to the total sign area allowed under section 22.22.030, one two-sided freestanding monument sign shall be permitted on each parcel frontage of at least one hundred-fifty (150) feet in length based on the following criteria and subject to the standards in Chapter 22.34: Monument Signs Street on which Maximum Maximum Total Sign Area for Parcel Frontage Parcel Frontage is Height Located Adrian Road 20' 75 SF per side 150 SF of total sign area Broadway 20' 75 SF per side 150 SF of total sign area Rollins Road 20' 75 SF per side 150 SF of total sign area All other Streets 15' 40 SF per side 80 SF of total sign area local (b) In addition to the total sign area allowed under section 22.22.030, one freestanding monument sign at a height of not more than twelve (12) feet and a maximum sign area of twenty-five (25) SF per side (fifty (50) SF total) shall be permitted on sites with a parcel frontage of less than one hundred-fifty (150) feet in length. (c) Monument Sign Incentive: In order to promote monument signs in this district, two-sided monument signs are considered to be one sign and in measuring total sign area, only of one side of the sign is included in the calculation. (d) Parcels with a parcel frontage of at least one hundred-fifty (150) feet in length on Adrian Road or Broadway may have one pole sign in place of a monument sign, subject to the criteria in Chapter 22.34 and the following: Pole Signs Street on which Maximum Maximum Sign Area of Pole Sign Parcel Frontage is Height Located Adrian Road 40' 120 SF per side 240 SF of total sign area Broadway 40' 120 SF per side 240 SF of total sign area Annotation: Pole Signs are being proposed on Adrian Road and Broadway only, both because of the orientation of these roads to the freeway, traffic speeds1volumes and the existing/proposed auto-related uses. Section 22.22.050 Wall signs. (a) Wall signs shall be permitted on any designated frontage subject to the sign area limitations listed in Section 22.22.020 and the placement requirements listed in Chapter 22.48. (b) No more than three (3) wall signs are allowed on any building frontage. (c) The maximum height of wall signs shall be limited to the height of the signable area of the wall face as defined in Section 22.04.500. Section 22.22.060 Awning signs and projecting signs. When located below twenty-four (24) feet in height, awning signs and projecting signs, in accordance with the regulations stated in Section 22.24 and 22.42 shall be permitted as well as wall signs. 22,22—RR District Regulations Page 43 of 67 Updated April 4, 2007 PROPOSED RR DISTRICT REGULATIONS Rollins Road and Adrian Road Auto Row Overlay Subareas of the North Burlingame/Rollins Road Specific Plan Section 22.22.070 Illumination requirements. (a) A permanent sign may be non-illuminated, illuminated by internal, internal indirect or external indirect illumination. Consistency with Section 22.08.110 is required. Signs that are externally lit shall be illuminated only with steady, stationary, down-directed, and shielded light sources directed solely onto the sign. (b) A sign may not be animated or have flashing illumination. (c) Awning signs shall not be internally illuminated. Section 22.22.080 Changeable copy signs. A portion of a monument or Freestanding Pole sign may include changeable copy subject to the criteria in Chapter 22.28. Section 22.22.090 Additional criteria. (a) In addition, up to a total of six (6) signs per parcel not to exceed three (3) feet in height and no larger than three (3) square feet located at driveway entrances and within parking areas shall be exempt from the total square footage calculation. (b) No single sign or single face of a freestanding sign may be larger than one hundred-fifty (150) square feet. c All forms of illumination arepermitted; except that awning signs may not be internally illuminated. 22.22—F 7istrict Regulations / y 44 of 67 Updated 4, 2007 PROPOSED IB &APS DISTRICT REGULATIONS Inner Ba shore and Anza Point South Areas of the Bayfront Specific Plan Chapter 22.24 IB &APS DISTRICT REGULATIONS Inner Bayshore and Anza Point South Areas of the Bayfront Specific Plan Sections: 22.24.010 Permitted signs. 22.24.020 Prohibited signs. 22.24.030 Sign area. 22.24.040 Freestanding signs. 22.24.050 Wall signs. 22.24.060 Awning signs. 22.24.070 Illumination requirements. 22.24.080 Changeable copy signs. 22.24.090 Additional criteria. Section 22.24.010 Permitted signs. Awning signs, changeable copy signs, freestanding monument signs, projecting signs and wall signs are permitted in the IB and APS Districts, as specified in this chapter and as described in Chapters 22.26, 22.28, 22.34, 22.42 and 22.48, subject also to the size and height regulations specified below. Section 22.24.020 Prohibited signs. All signs specified in Chapter 22.40, Prohibited Signs, are prohibited. Section 22.24.030 Sign area. The maximum total sign area allowed on each parcel frontage shall be determined based on the length of the Parcel Frontage calculated in accordance with the following table: Parcel Frontage Length Maximum Total Sign Area for Parcel Frontage 50 feet or less 150 SF 51 feet to 100 feet 200 SF 101 feet to 150 feet 250 SF 151 feet to 200 feet 300 SF Over 200 feet 350 SF Annotation: Since the buildings in the Inner Bayshore and Anza Point South areas are generally not as tall as those in the Shoreline, Anza and Anza Point North areas, the overall signage allowed on a site is proposed to be less than for the Shoreline, Anza and Anza Point North sites, and no special provisions is made for overheight locational signs. 22,24-15&APS District Regulations Page 45 of 67 Updated April 4, 2007 PROPOSED IB &APS DISTRICT REGULATIONS Inner Ba shore and Anza Point South Areas of the Bayfront Specific Plan Section 22.24.040 Freestanding signs. (a) In addition to the total sign area allowed under section 22.24.040, one two-sided freestanding monument sign shall be permitted on each parcel frontage of at least one hundred-fifty (150) feet in length based on the following criteria and subject to the standards in Chapter 22.34. Monument Signs Street on which Maximum Maximum Total Sign Area for Parcel Parcel Frontage is Height Frontage Located Airport Boulevard 12' 75 SF per side 150 SF of total sign area Ba shore Highway 12' 75 SF per side 150 SF of total sign area Gilbreth Road 12' 75 SF per side 150 SF of total sign area All other Streets or 8' 40 SF per side 80 SF total sign area Frontages (b) In addition to the total sign area allowed under section 22.24.030, one freestanding monument sign at a height of not more than eight (8) feet and a maximum sign area of twenty-five (25) square feet per side (fifty (50) square feet total) shall be permitted on each parcel frontage of less than one hundred-fifty (150) feet in length. (c) Monument Sign Incentive: In order to promote monument signs in this district, two-sided monument signs are considered to be one sign and in measuring total sign area, only of one side of the sign is included in the calculation. (d) One pole sign may be placed on a parcel frontage of one hundred-fifty (150) feet or more in length on Gilbreth Road in place of an allowed monument sign for that parcel frontage, subject to the criteria in Chapter 22.34 and the following limitations. Pole Signs Street Frontage Height I Area Gilbreth Road 40' 120 SF per side 240 SF total area There is no second side incentive for pole signs. Annotation; It is proposed that pole signs only be allowed on properties with a Gilbreth Road frontage(adjacent to the Freeway). All other freestanding signs would have to be monument signs. Section 22.24.050 Wall signs. (a) Wall signs shall be permitted on any defined frontage subject to the sign area limitations of Section 22.20.020 and the placement requirements of Chapter 22.48. (b) No more than three (3) wall signs are allowed on any building frontage. (c) The maximum height of wall signs shall be limited to the height of the signable area of the wall face as defined in Section 22.04.500. Section 22.24.060 Awning signs. When located below twenty-four (24) feet in height, awning Signs, in accordance with the regulations stated in Section 22.26, shall be permitted as well as wall signs. Section 22.24.070 Illumination requirements. (a) A permanent sign may be non-illuminated, illuminated by internal, internal indirect or external indirect illumination. Consistency with Section 22.08.100 is required. Signs that are externally lit shall be illuminated only with steady, stationary, down-directed, and shielded light sources directed solely onto the sign. 22,24—I APS District Regulations l y 46 067 Updated 4, 2007 PROPOSED IB &APS DISTRICT REGULATIONS Inner Ba shore and Anza Point South Areas of the Bayfront Specific Plan (b) A sign may not be animated or have flashing illumination. (c) Awning signs shall not be internally illuminated. 22.24.080 Changeable copy signs. A portion of a monument or freestanding pole sign may include changeable copy, subject to Chapter 22.28. 22.24.090 Additional criteria. (a) In addition, up to a total of six (6) signs per parcel not to exceed three (3) feet in height and no larger than three (3) square feet located at driveway entrances and within parking areas shall be exempt from the total square footage calculation. b No single sign or single side of a freestanding sign may be larger than one hundred-fifty 150 square feet. 22,24-IB &APS District Regulations Page 47 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.28 Chapter 22.26 AWNINGS AND CANOPIES AWNING,CANOPY AND MARQUEE SIGNS Sections: Sections: 22.28.020 Projection into public right-of-way. 22.26.010 Where permitted. Section 22.28.020 Projection into public right-of-way. 22.26.020 Signable area. Awnings and canopies shall conform with Section 22.08.070. 22.26.030 Projection into public right-of-way. 22.26.040 Illumination. Chapter 22.40 Section 22.26.010 Where permitted. MARQUEES An awning,canopy or marquee as defined in Chapter 22.04 may be installed on Sections: a building in accordance with California Building Code Standards,subject to the 22.40.010 Construction. zoning requirements for structures on each street or highway frontage and the 22.40.020 Projection into public right-of-way. limitations established in this title in the following zoning districts:C-1,CR,C-2, 22.40.030 Supports and attachments. ECN,TW,SL,IB,AA,RR,APN and APS,and the signs on these structures shall 22.40.040 Signs upon marquees. conform to the requirements of this chapter. Section Construction. Annotation:Awnings have become a popular form for display of signs. This All marqueesuees,,together with the anchors,bolts,supports,rods and braces section contains typical thereof shall be constructed of incombustible materials,except that letters, tyP requirements for awning signs. The section on awnings facings and decorations may be of approved combustible materials.Marquees also apples to canopies and marquees,which are defined(see definitions). shall be designed by a licensed engineer or architect and must be approved by Section 22.26.020 Signable area. the Building Official as in compliance with the building code of the city of On an awning,canopy and marquee,a sign may be displayed on or attached to Burlingame. only one(1)signable area. The signable area shall not exceed forty(40) The roofs of all marquees shall be properly guttered and provided with percent of the area of the principal face of the awning,canopy or marquee. downspouts so that water therefrom will not drip or flow onto the sidewalk. The signage located on an awning,canopy and marquee shall be considered to Section 22.40.020 Projection into public right-of-way. be a part of the maximum total signage allowed below twenty-four(24)feet on A marquee may extend into a public right-of-way as defined in the Uniform a specified frontage. Signable area on an awning,canopy and marquee shall Building Code. not project above,below or beyond the edges of the awning,canopy and Section 22.40.030 Supports and attachments. marquee on which it is displayed. No advertising material shall be placed upon Marquees shall be supported solely by the building to which they are attached, the roof of a marquee. and no columns or posts shall be permitted,as support therefor,which rest on Annotation: This section c/arifies signage on awnings,canopies(structures any portion the public way. marquee shall be erected on any building of projecting from the entrance genera//y covered with fabric)and marquees frame construction unless attached to masonry,concrete or steel supports of (similar structures often made ofineta/andg/ass). Itdetermines where(on the building. one signable area),it determines how much area can be covered(40%of one The loweestst portion Section 040 Signs upon marquees. signable area);and it clarifies that any signage on an awning,canopy or rtion of any sign hung from marquee shall be not less than marquee counts as a part ofthe total signage a//owed below 24 feet on the eight feet above the sidewalk.No advertising material shall be placed upon the pawl Fina//y it forbids signage on the roof ofa marquee or projecting offan roof of a marquee. awning or canopy. 22.26-1 ling,Canopy&Marquee Signs -)e 48 of 67 Updated. )/4,2007 Existing Sign Code — Title 22 Proposed Revisions Section 22.26.030 Projection into public right-of-way. Awnings, canopies and marquees which are entirely supported on private property may extend up to four (4) feet into the public right-of way; provided that they shall not extend within three (3) feet of the portion of the public right of way used for vehicular traffic (measured from the face of the curb). Portions of the awnings, canopies and marquees extending into the public right-of-way or over a private sidewalk shall have a minimum vertical clearance of eight (8) feet between the bottom of the structure and the surface of the ground or sidewalk. 22.26.040 Illumination. Awnings, canopies and marquees may be unlit or may be externally illuminated only by down-directed and shielded lighting fixtures where the cone of light is contained on the parcel. Internally illuminated awnings and canopies and marquees are prohibited. An internally illuminated sign not to exceed ten percent (10%) of the area of the face of a marquee may be placed in a frame on a marquee structure. Annotation; It is suggested that interior illumination be prohibited, because the size of an awning and the color of the material can create a visually unattractive, distracting feature to a building. Such lighting can cause signs to be traffic hazards and create off-site glare. in order to see the signage on awnings at night, awnings may be illuminated from the exterior with lights which are directed onto the awning. Exterior lights shall be shielded so the light does not spill from the property. Annotation; It is proposed that the Marquee Chapter of the Sign Code be deleted and the provisions incorporated into the Awnings and Canopies section. The structural requirements are covered by the California Building Code and will be reviewed during the building permit process. The provisions regarding projecting into the public right-of-way and the prohibition on signs on the roof of marquee have been incorporated into the chapter on awnings, canopies and marquees. Since marquees are typically used for movie theaters, interior Illumination is proposed to be allowed on marquees, but limited to a smaller box mounted on the marquee. 22,26 - Awning, Canopy & Marquee Signs Page 49 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.29 Chapter 22.28 CHANGEABLE COPY SIGNS CHANGEABLE COPY SIGNS Sections: Sections: 22.29.010 Changeable copy signs. 22.28.010 Changeable copy signs. Section 22.29.010 Changeable copy signs. Section 22.28.010 Changeable copy signs. A changeable copy sign that does not contain any flashing lights or brilliant or A changeable copy sign that does not contain any flashing lights or brilliant or reflected light is allowed in C-1, C-2, C-3, C-4, M-1, and O-M districts only, so reflected light is allowed in the C-2, RR, IB and APS districts only, so long as the long as the total square footage of all changeable copy signs on the parcel is total sign area of all changeable copy signs on the parcel is not more than the not more than the following: (a) fifteen (15) square feet or twenty percent following: (a) fifteen (15) square feet or twenty percent(20%) of the maximum (20%) of the allowable signage area, whichever is less, if the lettering or total sign area allowed, whichever is less, if the lettering or graphics are graphics are movable only by hand; or (b) six (6) square feet or twenty percent movable only by hand; or (b) six (6) square feet or twenty percent (20%) of (20% of the allowable signage area, whichever is less, if some or all of the the maximum sign area allowed, whichever is less, if some or all of the lettering lettering or graphics are movable mechanically or electronically. or graphics are movable mechanically or electronically. Annotation: This code section was added in 2001 in response to concerns regarding the Mike Harvey changeable copy sign on Broadway. It is proposed that the areas where these are allowed be limited to the areas where pole signs are allowed C-2 M-1, I-B&APS). Chapter 22.30 Chapter 22.30 COMBINATION SIGNS COMBINATION SIGNS Sections: Sections: 22.30.010 General requirements. 22.30.010 General requirements. Section 22.30.010 General requirements. Section 22.30.010 General requirements. Combination signs are signs which have features or characteristics normally Combination signs are signs which have features or characteristics normally found in signs of more than one classification, and shall meet all the found in signs of more than one classification, and shall meet all the requirements for construction, height, location, supports, illumination or other requirements for construction, height, location, supports, illumination or other specifications for each archetype. Where different standards are specified for specifications for each archetype. Where different standards are specified for the archetypes, the more restrictive shall apply. the archetypes, the more restrictive shall apply. Annotation; This is a general statement to cover those situations where a sign fits in more than one category. It requires that when there are different standards the more restrictive will apply. 22.28— C pgeab/e Copy& 22,30—Combination Signs / p 50 of 67 Updated, 1/4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.34, 22.58 & 22.52 Chapter 22.32 EXEMPT SIGNS WINDOW SIGNS & REAL ESTATE SIGNS EXEMPT SIGNS Chapter 22.34 Chapter 22.32 EXEMPT SIGNS EXEMPT SIGNS Sections: Sections: 22.34.010 Exempt signs. 22.32.010 Exempt signs. 22.34.020 Signs for public purposes. 22.32.020 Signs required by law. 22.34.030 Directional signs for public safety and convenience. 22.32.030 Signs integrated into certain devices. 22.34.040 Trespass and warning signs. 22.32.040 Signs not visible from right-of-way. 22.34.050 Individual or professional name plates. 22.32.050 Signs carried by persons. 22.34.060 Identification name plates. 22.32.060 "For Sale" or "For Rent" signs. 22.34.070 Real estate signs. 22.32.070 Window signs. 22.34.080 Construction project signs. 22.32.080 Directional signs. 22.34.090 Memorial signs. 22.32.090 Flags. 22.34.100 Repealed by 1654 § 18 22.34.110 Flags. Section 22.32.010 Exempt signs. 22.34.120 Interior signs. Those classes of signs designated in the following sections of this chapter may 22.34.130 Garage sale signs. be erected and maintained in the city without the obtaining of a building permit Section 22.34.010 Exempt signs. or sign permit and without the payment of fees; provided, however, all exempt Those classes of signs designated in the following sections of this chapter may signs are subject to the provisions of Chapter 22.08. In computing the total be erected and maintained in the city without the obtaining of a building permit maximum sign area on any building or parcel for purposes of this title, the face or sign permit and without the payment of fees; provided, however, all exempt area of exempted signs shall not be included. signs are subject to the provisions of Chapter 22.08. In computing the total signage area on any building or parcel for purposes of this title, the face area of Section 22.32.020 Signs required by law. exempted signs shall not be included. Signs required by law, including but not limited to signs for essential public Section 22.34.020 Signs for public purposes. services including traffic, fire and police signs, signals, devices and markings of Signs for essential public purposes include official traffic, fire and police signs, the state, the city, and any other component government authorities; signs of signals, devices and markings of the state, the city, and other competent public utility or service companies including signs showing the placement or government authorities; signs of public utility or service companies indicating location of public utility facilities; and trespass and warning signs, are exempt. danger or aids to service or safety including signs showing the placement or location of underground public utility facilities. Section 22.32.030 Signs integrated into certain devices. Section 22.34.030 Directional signs for public safety and convenience. Any sign integrated into or on a coin-operated machine, vending machine, (a) Signs that contain only the following: gasoline pump, or telephone booth, are exempt. (i) The words: "entrance"or"exit"or"no parking"or"fire lane"; or Section 22.32.040 Signs not visible from right-of-way. (ii) Turning directions, such as"no left turn"or"wrong way"; or Any sign that cannot be viewed from a public right-of-way is exempt. (iii) Arrows demonstrating the turning directions; (iv) International signs demonstrating the same traffic instructions. Section 22.32.050 Signs carried by persons. (b) Each such sign shall not exceed three (3) square feet, and no more Any sign carried by a person, is exempt, so long as it does not obstruct the use than six (6) such signs in total per frontage may be placed on the of any public right-of-way. property. The words used may be in languages other than English. 22.32-Exempt Signs Page 51 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.34,22.58& 22.52 Chapter 22.32 EXEMPT SIGNS WINDOW SIGNS&REAL ESTATE SIGNS EXEMPT SIGNS Section 22.34.040 Trespass and warning signs. Section 22.32.060 "For Sale"or"For Rent"signs. "No trespassing"or"no dumping"signs not exceeding three square feet may be Signs pertaining to the sale,exchange,lease or rental of the real property on placed on a parcel in addition to other signs. No more than three(3)such which the sign is located,subject to such signs not exceeding three(3)square signs may be placed on each building or parcel of property for each two feet in single face area in any R zoning district or not exceeding nine square hundred feet of frontage. feet in single face area in any other(Commercial or Manufacturing)zoning Section 22.34.050 Individual or professional name plates. district shall be exempt.Not more than one such sign may be placed on any lot Individual or professional name plates and occupational signs on buildings or parcel of land except that two such signs may be placed on any corner lot or denoting only the name and/or occupation of an occupant in a structure or parcel,one such sign facing each of the abutting streets. dwelling house located in any R-1 or R-2 zoning district and not exceeding two square feet in area for the building or parcel shall be exempt. Section 22.32.070 Window signs. Section 22.34.060 Identification name plates. A premises,or an occupant of a shopping center or multiuse building,may Identification name plates or signs identifying the building by name and address display window signs not to exceed 25 per cent of the window area of the together with further identification as to name of proprietor or management facade of the building. shall be exempted as follows: (a) On business establishments,offices,or similar uses,not exceeding Section 22.32.080 Directional signs. three square feet in total area for the building or parcel; A premises may display one directional sign at each entrance or exit not more (b) On multifamily dwellings: than four(4)square feet. (1) Three to ten units:fourteen square feet, (2) Eleven to fifteen units:twenty square feet, Annotation:A directional sign is usually a sign giving directions at an exit or (3) Sixteen to twenty units:twenty-three square feet, entrance.However,the definition of this sign is content-neutral and does not (4) Twenty-one or more units:thirty-two square feet. specify the message that can be placed on a directional sign.The size of a Only one sign shall be permitted for each multifamily dwelling. directional sign is generally based on the width and travel speed of the adjacent Section 22.34.070 Real estate signs. street or highway.It is also possible to determine widths and travel speeds for Signs pertaining to the sale,exchange,lease or rental of real estate,subject to each commercial zoning district,and then specify the size of directional signs such signs not exceeding three square feet in single face area in any R zoning allowed in these districts based on widths and speeds within the district: The district or not exceeding nine square feet in single face area in any C or M chosen alternative will not require a determination of traffic speeds for each zoning district shall be exempt.Not more than one such sign may be placed on premises that has frontage on a street or highway. any lot or parcel of land except that two such signs may be placed on any corner lot or parcel,one such sign facing each of the abutting streets. Section 22.32.090 Flags. Section 22.34.080 Construction project signs. (a) Flags shall be permitted within the following limitations: The names of property or project owners,architects,engineers,contractors, 1. The flag shall be of flexible material,typically cloth,paper or suppliers and/or financial institutions may be placed upon premises under plastic,and shall not include those painted on or otherwise improvement,during the period of construction only;provided,that such names erected or attached to any structure,and shall be flown from a be placed on one sign only,and be limited to a maximum sign area of one flag pole pursuant to this section. hundred square feet. 2. No more than three flags shall be permitted per parcel. Section 22.34.090 Memorial signs. 3. No flag pole shall exceed thirty-five(35)feet in height above Memorial signs or tablets,and historical monuments when such markers are grade. constructed of bronze or other incombustible materials shall be exempt when 4. No flag shall exceed a vertical dimension of five(5)feet nor a they are no larger than six(6)square feet per sign and total no more than horizontal dimension of eight(8)feet. eighteen(18)square feet on a parcel. 5. No flag pole shall be closer than fifteen(15)feet to any Section 22.34.110 Flags. property line. 22.32—1 )npt Signs )e 52 of 67 Updated. }/4,2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.34, 22.58 & 22.52 Chapter 22.32 EXEMPT SIGNS WINDOW SIGNS & REAL ESTATE SIGNS EXEMPT SIGNS (a) Flags shall be exempt within the following limitations: (1) The flag shall be of flexible material, typically cloth, paper or (b) Each flag flown shall be either a noncommercial sign or a sign directly plastic, and shall not include those painted on or otherwise related to a service or business offered on the property on which the erected or attached to any structure, and shall be flown from a flag is being flown. flag pole pursuant to this section. (2) No more than three flags shall be permitted per parcel. (c) Bunting, pennants and streamers shall only be permitted in the C-2, (3) No flag pole shall exceed thirty-five (35) feet in height above Subarea D "Auto Row" area and the RR, Adrian Road Auto Row Overlay grade. area. It is recognized that these areas have special historic and (4) No flag shall exceed a vertical dimension of five (5) feet nor a community significance and have and should maintain a special horizontal dimension of eight(8)feet. character different from other commercial areas. To support this (5) No flag pole shall be closer than fifteen (15) feet to any objective, the area shall be allowed to display bunting, pennants and property line. streamers typically associated with automobile sales. (b) Each flag flown shall be either a noncommercial sign or a sign directly related to a service or business offered on the property on which the (d) Decorative flags as defined in Chapter 25.08, whether temporary or flag is being flown. permanent, may be displayed when attached to light poles in a parking Section 22.34.120 Interior signs. area in the C-1, CR, and C-2 zoning districts, provided that it does not Signs not visible from public ways or from adjoining parcels or premises shall be contain any commercial message, logo or symbol. Each decorative flag exempt. may not exceed eight(8) square feet in area, and there shall be no Section 22.34.130 Garage sale signs. more than one decorative flag per 100 square feet of parking area. One sign not to exceed three(3) square feet may be displayed on the property The lowest portion of the decorative flag shall be a minimum of ten where the sale is occurring during the period of the sale, if the requirements of (10) feet above adjacent grade. Chapter 6.22 are first observed. Chapter 22.58 Commentary. Sign ordinances usually contain a list of exempt signs. The WINDOW SIGNS exemptions contained in this section are typical, though others can be added. Sections: These exemptions are content-neutral.A plurality of the Supreme Court 22.58.010 General requirements. invalidated exemptions in a sign ordinance that were not content-neutral, but 22.58.020 Size limitations. not all courts follow this holding. 22.58.030 "Sale" signs. 22.58.040 Building permit exemption. Many of the categories of exempt signs in the current sign code are content- Section 22.58.010 General requirements. based. Some of these will be covered by the more general exemptions noted The City Planner is authorized to grant permits for window signs of combustible above, such as signs required by law, or have been moved to the "Special or noncombustible materials, which shall be safely attached to the window or Signs"Chapter(directional signs, flags). Some of the other exempt signs, such suspended or supported behind the window. as identification name plates can be accommodated in the general sign Section 22.58.020 Size limitations. regulations for each district. 'Interior Signs"would fall under "sign that cannot Not more than fifty percent of the area of any window shall be obstructed by be viewed from the public right-of-way': signs. Section 22.58.030 "Sale" signs. Window signs which advertise goods or services in a C or M district, and obscure twenty-five percent or less of any window, may be allowed without a sign permit, providing such signs are displayed for a period not to exceed fourteen consecutive days. 22,32—Exempt Signs Page 53 of 67 Updated April 4, 2007 Existing Sign Code — Title 22 Proposed Revisions Chapter 22.34, 22.58 & 22.52 Chapter 22.32 EXEMPT SIGNS WINDOW SIGNS & REAL ESTATE SIGNS EXEMPT SIGNS Section 22.58.040 Building permit exemption. All window signs may be erected and maintained in the city without the obtaining of a building permit and without the payment of such permit fees; provided, however, all window signs are subject to the provisions of Chapter 22.08. Chapter 22.52 REAL ESTATE SIGNS Sections: 22.52.010 General requirements. 22.52.020 Size limitations. 22.52.030 Number. Section 22.52.010 General requirements. Real estate signs are exempt from permit requirements when they conform to specifications described in Section 22.34.070. Those signs that are not exempt shall be approved by the City Planner prior to installation. A request for such approval shall include the date of installation, the date of removal, the size and wording of the sign, and a diagram of how it will be attached to the building or ground. Such permits shall be for a period not to exceed four months. The City Planner's decision may be appealed to the Planning Commission. A fee determined by the City Council shall be charged for the filing of an application for such permit. One extension of four months may be granted by the City Planner. Such extension shall only be upon written request and payment of a fee in the same amount as required for the original permit. Section 22.52.020 Size limitations. Real estate signs shall not exceed seventy-five (75) square feet in total area per parcel in any commercial zoning district, and shall not exceed one hundred (100) square feet in total area in the O-M and M-1 zoning districts. Section 22.52.030 Number. Not more than one real estate sign may be placed on any parcel frontage; however, when a building in either a C or M district consists of more than one store, section or office, signs not exceeding nine square feet in area may be displayed within or upon each such store, section or office, subject to the total signage not exceeding the limit for that district. 22,32 - F Tpt Signs 1 )e 54 of 67 Updated. Y/ 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.38 Chapter 22.34 GROUND SIGNS FREESTANDING SIGNS Chapter 22.38 Chapter 22.34 GROUND SIGNS FREESTANDING SIGNS Sections: Sections: 22.38.010 Construction. 22.34.010 Where permitted. 22.38.020 Height limitations. 22.34.020 Size and height regulations. 22.38.030 Space between ground and structure. 22.34.030 Materials. 22.38.040 Setback line. 22.38.050 Signs on lawful fences. Section 22.34.010 Where permitted. Section 22.38.010 Construction. As defined in Chapter 22.04, freestanding signs include both monument signs All ground signs shall be securely built, constructed and erected upon posts and and pole signs. standards sunk at least three feet below the surface of the ground, set in (a) Monument signs are allowed in the R-3, R-4, C-1, CR, C-2, ECN,TW, concrete. SL, AA, APN, RR, IB and APS zoning districts as outlined in the Chapter Section 22.38.020 Height limitations. for each district. It is unlawful to erect any ground sign whose total height is greater than twelve feet above the established grade below the sign. (b) Pole signs are only allowed on certain street frontages in the C-2, IB, Section 22.38.030 Space between ground and structure. RR, and APS zoning districts. Excepting signs located on lawful fences, and those with solid pedestals of Annotation; The industry standard definitions for freestanding signs include masonry or concrete, all ground signs shall have an open space not less than both monument signs and pole signs. However, there are some areas where two feet between the base line of the sign and the ground level. pole signs are not appropriate, because the monument signs are easier to read Section 22.38.040 Setback line. from within a vehicle and provide for a lower profile, more aesthetically pleasing In any R- zoning district, no ground sign shall be nearer the street than the building setback established for the respective property; however, parcels with sign. frontage along EI Camino Real shall be exempt from this requirement. All Section 22.34.020 Size and height regulations. ground signs are subject to the limitations of Sections 22.08.040 and Freestanding signs must comply with and not exceed the size and height 22.08.050. regulations contained in the chapters for each of the above zoning districts. Section 22.38.050 Signs on lawful fences. Signs attached to or erected upon lawful fences shall meet all the requirements Annotation; The size and height regulations are spelled out in the chapters of this chapter. for each zoning district. As noted in the chapter for each zoning district, the Chapter 22.44 size and height regulations were determined based on the criteria for readability POLE SIGNS based on traffic speed and street width contained in the books 'Street Graphics Sections: and the Law': 22.44.010 Construction. Section 22.34.030 Materials. 22.44.020 Height limitation. (a) Monument signs shall be constructed on a solid foundation in Section 22.44.010 Construction. accordance with titles 17 and 18 of this code. A monument sign shall Supporting members of all pole signs shall be entirely of metal, and no pole be designed so that the style and materials of the sign and its base are sign shall be carried on wooden posts or structures. Metal tubes or pipe or consistent with the architecture of the building(s) on the site. metal structures shall be anchored to concrete foundations by studs of not less than one-half-inch diameter or embedded in such concrete foundation; no (b) Pole signs shall be constructed in accordance with titles 17 and 18 of braces or guy wires shall be used to secure the sign. this code and attached to one or two support poles or posts which shall Letters facings and decorations may be of approved combustible materials. each have a minimum diameter of twelve (12) inches. Where reflectors or floodlights are used, they shall be provided with proper 22,34—Freestanding Signs Page 55 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.38 Chapter 22.34 GROUND SIGNS FREESTANDING SIGNS lenses concentrating the illumination upon the sign. Section 22.44.020 Height limitation. Annotation; It is proposed that for monument signs, we encourage the use of No pole sign shall exceed twenty feet in height, measured from the sidewalk materials that are compatible with the adjacent building. For pole signs, it is level upon which the sign fronts to the highest point of the sign structure. proposed that the pole or post on which the sign is mounted has sufficient width so that the sign looks proportionate. The subcommittee decided that the diameter of support poles should be at least as wide as a typical traffic signal pole. The city traffic engineer indicates that typical traffic signal poles on Burlingame intersections are about 12 inches in diameter. Note that this requirement is based on aesthetics, not structural issues. 22,34-i standing Signs / )e 56 of 67 Updated, J/4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.46 Chapter 22.36 NONCOMMERCIAL SIGNS IN RESIDENTIAL DISTRICTS NONCOMMERCIAL SIGNS AND MESSAGES Chapter 22.46 Chapter 22.36 NONCOMMERCIAL SIGNS IN RESIDENTIAL DISTRICTS NONCOMMERCIAL SIGNS AND MESSAGES Sections: Sections: 22.46.010 Noncommercial signs in residential districts. 22.36.010 Noncommercial signs and messages 22.36.020 Noncommercial signs in residential districts Section 22.46.010 Noncommercial signs in residential districts. 22.36.010 Noncommercial signs and messages In R-1, R-2, R-3, and R-4 districts and without a sign permit, noncommercial Any sign that can be displayed under the provisions of this ordinance may signs no larger individually than eight(8) square feet and totaling not more contain a noncommercial message. than sixty (60) square feet may be placed on a parcel in addition to the other signage that may be allowed pursuant to this code. This provision is intended to Section 22.36.020 Noncommercial signs in residential districts. allow reasonable noncommercial expression in residential districts where In R-1, R-2, R-3, and R-4 districts and without a sign permit, noncommercial signage has been restricted because of the need to protect the character and signs no larger individually than eight(8) square feet and totaling not more value of the residential districts. than sixty (60) square feet may be placed on a parcel in addition to the other signage that may be allowed pursuant to this code. This provision is intended to allow reasonable noncommercial expression in residential districts where signage has been restricted because of the need to protect the character and value of the residential districts. Annotation; This section contains a substitution clause that allows any sign that can be displayed under the terms of this ordinance"to contain a noncommercial message. The substitution clause remedies any objection that the ordinance violates the free speech clause. In addition, the provisions added to our code in 2001 which allow noncommercial signs in residential areas have been included in this Chapter to address the free speech concerns for residential properties.. 22,36—Noncommercial Signs and Messages Page 57 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.42 Chapter 22.38 NONCONFORMING SIGNS NONCONFORMING SIGNS Chapter 22.42 Chapter 22.38 NONCONFORMING SIGNS NONCONFORMING SIGNS Sections: Annotation: This section contains provisions regulating nonconforming signs 22.42.010 General requirements. that are based on the APA model legislation and on the provisions of the Section 22.42.010 General requirements. Flagstaff, Arizona, sign ordinance. The legal rules that apply to regulations for No nonconforming sign shall be moved without being made to comply in all nonconforming signs vary among the states, but in most states, the regulations respects with the provisions of this title. contained in this section should provide the basis for an effective program for Chapter 22.26 removing nonconforming signs. ABANDONED, OBSOLETE, UNSAFE OR ILLEGAL SIGNS Sections: Sections: 22.38.010 Change and modification. 22.26.010 General requirements. 22.38.020 Maintenance. 22.26.015 Abandoned and obsolete signs. 22.38.030 Removal. 22.26.020 Notice. Section 22.38.010 Change and modification. 22.26.030 Hearing. A nonconforming sign or sign structure shall be brought into conformity with 22.26.040 Removal of sign. this ordinance if it is altered, reconstructed, replaced, or relocated. A change in 22.26.050 Abatement as public nuisance. copy is not an alteration or replacement for purposes of this subsection. Section 22.26.010 General requirements. Every sign shall be erected and maintained in conformance with the terms of Annotation: This is a standard provision that prohibits any change or this title and any conditions specified by its sign permit. Every sign shall be modification of nonconforming sign. maintained in a safe and secure condition, and shall only advertise a bona fide establishment existing on the premises, or products or services available where Section 22.38.020 Maintenance. the sign exists. Nonconforming signs must be maintained in good condition. Maintenance Section 22.26.015 Abandoned and obsolete signs. required by this Subsection shall include replacing or repairing of worn or Any sign which no longer advertises a bona fide establishment existing on the damaged parts of a sign or sign structure in order to return it to its original premises shall be taken down and removed, or the advertising copy shall be state, and is not considered to be a change or modification prohibited by painted out, within thirty days by the owner or tenant of the building, structure Section 22.38.010. or property upon which the sign may be located. Annotation: This is a standard provision requiring the maintenance of a Section 22.26.020 Notice. nonconforming sign. Whenever any sign is found by the City Planner to be in violation of any provision of this code, he shall give written notice to the owner and tenant, if Section 22.38.030 Removal. any, of the property whereon it is located to remove or alter such sign. He may Removal of a nonconforming sign, or replacement of a nonconforming sign with cause any sign which is an immediate peril to persons or property to be a conforming sign is required when: removed summarily without notice. (a) A nonconforming sign, or a substantial part of a nonconforming sign, is Section.22.26.030 Hearing. blown down, destroyed, or for any reason or by any means taken If the owner or tenant fails to comply within thirty days after such notice, or if a down, altered, or removed. As used in this subsection, "substantial" sign is summarily removed, a hearing shall be scheduled before the Planning means fifty (50) percent or more of the entire sign structure; or Commission. Written notice of the time and place of such hearing shall be given (b) The condition of the nonconforming sign or nonconforming sign by the city clerk to the property owner and tenant at least ten days prior to the structure has deteriorated and the cost of restoration of the sign to its date set for the hearing. At the hearing, the Planning Commission shall confirm, condition immediately prior to such deterioration exceeds fifty percent modify or rescind the notice given or action taken by the City Planner. The (50%) of the value of the sign or sign structure prior to its decision of the Planning Commission may be appealed as provided in Sections deterioration; or 22,38—P conforming Signs / Y 58 of 67 Updated. Y4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.42 Chapter 22.38 NONCONFORMING SIGNS NONCONFORMING SIGNS 22.06.150 and 22.06.160 of this title. (c) The use of the nonconforming sign, or the property on which it is located, has ceased, become vacant, or been unoccupied for a period Section 22.26.040 Removal of sign. of one hundred-eighty (180) consecutive days or more; or Within ten days after the decision becomes final, the sign or signs described in (d) There is a change in tenant or change in ownership of the premises on such notice shall be removed by the property owner or tenant. If the sign which the nonconforming sign is located. constitutes a public nuisance and is not removed as provided in this chapter, the city may undertake appropriate abatement proceedings. Annotation: This section specifies the circumstances in which a Section 22.26.050 Abatement as public nuisance. nonconforming sign must be removed, including a standard provisions requiring Any sign erected, constructed, altered or enlarged contrary to the provisions of removal for deterioration or destruction. An abandonment provision is included this title shall be and the same is declared to be unlawful and a public nuisance; in subsection c and a change in tenant or ownership requirement in subsection and the city attorney to the city shall, upon notice of the City Planner, d. immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such sign, and restrain and enjoin any person, firm or corporation from setting up, erecting, maintaining or using any such sign. 22,38-Nonconforming Signs Page 59 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.48 Chapter 22.40 PROHIBITED SIGNS PROHIBITED SIGNS Chapter 22.48 Chapter 22.40 PROHIBITED SIGNS PROHIBITED SIGNS Sections: Sections: 22.48.010 Prohibited signs. 22.40.010 Prohibited signs. 22.48.020 Unauthorized signs. 22.40.020 Signs which conflict with traffic control. 22.48.030 Signs on public right-of-way. 22.40.030 Signs on public right-of-way. 22.48.040 Off-premises advertising. 22.40.040 Off-premises advertising. 22.48.050 Signs on vehicles. 22.40.050 Portable signs. 22.48.060 Moving signs. 22.40.060 Roof signs, above-roof signs and sky signs. 22.48.070 Signs with flashing lights. 22.40.070 Signs on vehicles. 22.48.075 Bunting and signs. 22.40.080 Moving signs. 22.48.080 Flags, pennants, banners and streamers. 22.48.090 Roof signs. Section 22.40.010 Prohibited signs. 22.48.100 Sky signs. Those classes of signs designated in the following sections of this chapter are 22.48.110 Repealed by 1654 § 2 expressly prohibited, and shall not be erected in any zoning district. Section 22.48.010 Prohibited signs. Section 22.40.020 Signs which conflict with traffic control. Those classes of signs designated in the following sections of this chapter are Signs which by color, location, or design resemble or conflict with traffic control expressly prohibited, and shall not be erected in any zoning district. signs or signals are prohibited (see also Section 22.08.040). Section 22.48.020 Unauthorized signs. The erection or maintenance of any sign without a valid permit therefor is Section 22.40.030 Signs on public right-of-way. prohibited when the obtaining of such permit is required by the terms of this (a) Except as otherwise allowed under this section, signs, A-boards and code. advertising structures, placed upon or attached to the ground upon any Section 22.48.030 Signs on public right-of-way. portion of any public street, sidewalk, or right-of-way, including signs (a) Except as otherwise allowed under this section, signs, A-boards and attached to light poles or standards, are prohibited. advertising structures, placed upon or attached to the ground upon any portion (b) Newspaper vending machines are allowed under Chapter 12.23. of any public street, sidewalk, or right-of-way are prohibited. (b) Newspaper vending machines are allowed under Chapter 12.23. (c) Signs required by law allowed under Sections 22.32.020 and signs and (c) Signs allowed under Sections 22.34.020 (signs for public purposes)and banners of a civic nature allowed under Section 22.46.060 may be 22.54.040 (signs and banners of civic nature)may be erected and maintained erected and maintained if they comply with the requirements of the if they comply with the requirements of the Code. Code. (d) Figures may be placed pursuant to a revocable encroachment permit on (d) Figures allowed under the provisions of Section 22.46.050. a public sidewalk in the area fronting to property on which the tenant's owned or leased space is located under Chapter 12.10 in Subarea A of the Burlingame Section 22.40.040 Off-premises advertising. Avenue Commercial Area. Signs carrying the advertising of a person, product or service other than that of Section 22.48.040 Off-premises advertising. the occupant of the parcel on which the sign is placed are prohibited; signs are Signs carrying the advertising of a person, product, or service other than that of permitted only to the actual occupant of the parcel upon which the sign is the occupant of the parcel on which the sign is placed are prohibited; signs are displayed during the period of occupancy. permitted only to the actual occupant of the parcel upon which the sign is Section 22.40.050 Portable signs. displayed during the period of occupancy. Section 22.48.050 Signs on vehicles. Portable signs are prohibited. (a) No person shall park any vehicle on public property and place signs on 22.40-! �ffiited Signs 1 �e 60 of 67 Updated. 114, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.48 Chapter 22.40 PROHIBITED SIGNS PROHIBITED SIGNS the vehicle when the dominant purpose or use of the vehicle is to be a sign. Section 22.40.060 Roof signs, above-roof signs and sky signs. (b) If a person parks any vehicle on private property and places signs on Roof signs, above-roof signs and sky signs are prohibited. the vehicle with the dominant purpose or use of the vehicle is to be a sign, the Section 22.40.070 Signs on vehicles. placement of the vehicle shall require a sign permit and the square footage of a No person shall ark an vehicle on public roe and lace signs on the signage on the vehicle shall be counted toward the allowance for the ( ) p y property p g property on which the vehicle is parked. the vehicle when the dominant purpose or use of the vehicle is to be a Section 22.48.060 Moving signs. sign. Any sign is prohibited if all or part of it moves or rotates. (b) If a person parks any vehicle on private property and places signs on Section 22.48.070 Signs with flashing lights. the vehicle with the dominant purpose or use of the vehicle is to be a Any sign with animated, moving or flashing lights, or any sign which, because sign, the placement of the vehicle shall require a sign permit and the of flashing lights, brilliant lighting or reflected light, is a detriment to square footage of the signage on the vehicle shall be counted toward surrounding properties or prevents the peaceful enjoyment of residential uses, the allowance for the property on which the vehicle is parked. is prohibited. Section 22.40.080 Moving signs. Section 22.48.075 Bunting and signs. Any sign is prohibited if all or part of it moves or rotates. Bunting surrounding or adjacent to signs on public or private property is prohibited except in auto row, where bunting surrounding or adjacent to Section 22.40.090 Signs with flashing lights. signage shall be calculated as sign area. Bunting without incorporated signage Any sign with animated, moving or flashing lights, or any sign which, because will be considered as a flag or pennant under Section 22.48.080. Any bunting of flashing lights, brilliant lighting or reflected light, is a detriment to which affects sight lines for traffic is prohibited. surrounding properties or prevents the peaceful enjoyment of residential uses, Section 22.48.080 Flags, pennants, banners and streamers. is prohibited. Flags, pennants, banners, streamers, spinners, ribbons and similar displays are Annotation: Sign ordinances usually contain a section that prohibits the prohibited, except on parcels in the C-2 district as described in Section display of designated signs. The list of signs prohibited by this section is an 22.16.040, used primarily for motor vehicle sales; certain other exemptions and example. Some signs ordinances contain much longer lists. Prohibiting the limitations are described in Section 22.34.110. display of a designated list of signs may create constitutional problems because Section 22.48.090 Roof signs. the extent to which a signs ordinance may selectively prohibit certain signs Roof signs are prohibited in all zoning districts. without violating the free speech clause is not clear. Section 22.48.100 Sky signs. Any sign attached to, painted on, or suspended from a balloon, kite or similar This section prohibits the signs designated in the first two subsections because object secured to property within the city of Burlingame is prohibited. of the manner in which they are displayed. These prohibitions should not violate the free speech clause because they are content-neutral. The model ordinance prohibits portable signs because their display would seriously undermine the signs control system. Many communities also prohibit billboards. This is a difficult term to define in a way that will avoid free speech objections. The model ordinance avoids this problem by regulating the way in which signs are displayed without making a distinction between off-premises and on premises signs. Billboards are easier to prohibit if an ordinance provides that"all signs containing only noncommercial messages are deemed to be on premises signs." 22.40-Prohibited Signs Page 61 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.48 Chapter 22.40 PROHIBITED SIGNS PROHIBITED SIGNS This provision codifies a holding in Southlake Property Assocs., Ltd. v. City of Morrow, 112 F.3d 1114(11th Cir. 1997)and makes all off-site signs commercial signs that can be prohibited under the free speech clause. In response to the question of whether the sign code should continue to prohibit off-premise advertising, the sign code subcommittee decided that it was in the best interest of the City to continue to prohibit off-premise advertising. 22,40- Pibited Signs )e 62 of 67 Updated. X14, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.50 Chapter 22.42 PROJECTING SIGNS PROJECTING SIGNS Chapter 22.50 Chapter 22.42 PROJECTING SIGNS PROJECTING SIGNS Sections: Sections: 22.50.010 Projection into public right-of-way. 22.42.010 Where permitted. 22.50.020 Number. 22.42.020 Size and height of projecting signs. Section 22.50.010 Projection into public right-of-way. 22.42.030 Projection into the public right-of-way. A projecting sign shall conform to Section 22.08.070; however, barber poles Section 22.42.010 Where permitted. and similar specialty signs which project not more than twelve inches may be A premises, and each occupant of a shopping center or multi-use building, may allowed by the City Planner at other heights, but in no case less than four feet display one projecting sign on each street frontage in the following zoning above the surface of the ground or sidewalk below. districts: C-1, CR, C-2, ECN, TW, SL, AA, APN, RR, IB and APS, and in Section 22.50.020 Number. accordance with the size and number regulations contained in the sign code No more than one projecting sign is permitted per establishment, or per fifteen chapter regulating that district. feet of frontage, whichever is less. Annotation: Projecting signs can be an attractive addition to the sign environment, especially in pedestrian-oriented areas. It is important to coordinate the display of projecting signs with the display of wall and ground signs. One option is to restrict their size if several types of signs are displayed. This subsection authorizes each premises, and each occupant of a shopping center or multi-use building, to display a projecting sign in designated commercial zones. As now proposed, the total area of wall, projecting and awning signs is limited within each zone district. The total number of signs is also limited, and a projecting sign would count as two signs because it is two- sided. Section 22.42.020 Size and height of projecting signs. (a) Projecting signs must comply with the size regulations established in the sign code chapter regulating that district. (b) Projecting signs shall not project above twenty-four (24) feet in height or the roofline, whichever is lower. Section 22.42.030 Projection into the public right-of-way. (a) There shall be a minimum vertical clearance of eight feet from the bottom of the sign or its supporting structure to the surface of the ground or sidewalk below. (b) A projecting sign may project no more than four feet into the public right-of-way. (c) A projecting sign may not extend within three feet of any portion of a public right-of-way used principally for vehicular traffic. Annotation: This subsection contains the language now found in Section 22.08.070 and consolidates the requirements for projecting signs in the public right-of-14a . 22,42—Projecting Signs Page 63 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.24 Chapter 22.44 PROPERTIES WITH USE VARIANCES AND NONCONFORMING USES PROPERTIES WITH NONCONFORMING USES Chapter 22.24 Chapter 22.44 PROPERTIES WITH USE VARIANCES AND NONCONFORMING USES PROPERTIES WITH NONCONFORMING USES Sections: Sections: 22.24.010 General requirements. 22.44.010 General requirements. Section 22.24.010 General requirements. Where a legal nonconforming use exists,any signs to be erected shall require Section 22.44.010 General requirements. application to and approval by the Planning Commission.The number of signs Where a legal nonconforming use exists,any signs to be erected shall require permitted on the building or parcel,the size and nature thereof and their application to and approval by the Planning Commission.The number of signs location on the property shall be determined by the provisions of this code permitted on the building or parcel,the size and nature thereof and their applicable to such property as if it were classified for the actual use then location on the property shall be determined by the provisions of this code existing;however,the commission may modify such standards if it is applicable to such property as if it were classified for the actual use then determined that the use or condition of adjacent parcels makes such standards existing;however,the commission may modify such standards if it is inappropriate because the illumination or location of the signage would determined that the use or condition of adjacent parcels makes such standards unreasonably interfere with the quiet enjoyment and use of one or more inappropriate because the illumination,location or size of the signage would adjacent parcels. unreasonably interfere with the quiet enjoyment and use of one or more adjacent parcels. Annotation: Since use variances have not been legal since the late 1970';, any use that was granted a use variance has become a nonconforming use. Examples of these nonconforming uses are the remnant offices and auto business along El Camino Real that are zoned R-3. This provision allows these nonconforming uses to have the same signage as that use would be allowed if It were in the pirperzone district. 22.44-1 7erties with Nonconforming Uses le 64 of 67 Updated. f/4,2007 Existing Sign Code — Title 22 Proposed Revisions Chapters 22.52, 22.54 & 22.58 Chapter 22.46 TEMPORARY SIGNS REAL ESTATE SIGNS & WINDOW SIGNS SPECIAL SIGNS Chapter 22.54 Chapter 22.46 TEMPORARY SIGNS SPECIAL SIGNS Sections: Sections: 22.54.010 Permits. 22.46.010 Temporary signs. 22.54.020 Support and attachment. 22.46.020 Figures. 22.54.030 Advertising permitted. 22.46.030 Signs and banners of a civic nature. 22.54.040 Signs and banners of a civic nature. Section 22.54.010 Permits. Section 22.46.010 Temporary signs. The City Planner is authorized to grant permits for temporary signs composed The director of community development is authorized to grant permits for a of combustible or incombustible materials. Such permits shall be for a period premises, or an occupant of a shopping center or multi-use building to display not to exceed thirty days; provided, that the City Planner may extend the period one temporary sign, not exceeding 20 square feet in area or eight feet in for an additional thirty days upon payment of a fee in the same amount as that height, for no more than 30 days during any 12 consecutive calendar months. required for the original permit. Annotation: This subsection allows for temporary signs, which could include a Section 22.54.020 Support and attachment. banner as defrned in the definitions section if it is axed at all four corners. Temporary signs shall be safely attached to the wall or supporting structure. No such signs shall be so placed as to obstruct windows or fire escapes or be Section 22.46.020 Figures. attached to standpipes. Figures may be placed pursuant to a revocable encroachment permit on a Section 22.54.030 Advertising permitted. public sidewalk in the area fronting to property on which the tenant's owned or The advertising presented on any temporary sign shall pertain only to the leased space is located in Subarea A of the Burlingame Avenue Commercial business, industry or pursuit conducted on or within the premises on which the Area (Refer to Chapter 12.10, Encroachment Permits, for definition of figures sign is displayed. and process for obtaining an encroachment permit). Section 22.54.040 Signs and banners of a civic nature. Annotation; This provision was included in the "Prohibited Signs" Chapter, as The city manager or the manager's designee may, upon written application to an exception to the prohibition on signs in the public right-of-way. the manager, issue administrative sign permits for temporary signs and banners announcing a community event sponsored by a charitable or educational group Section 22.46.030 Signs and banners of a civic nature. in the city at no more than two (2) places in the city. The city manager shall, The city manager or the manager's designee may, upon written application to prior to issuance of a permit, require recommendations regarding matters of the manager, issue administrative sign permits for temporary signs and banners safety, construction and location from applicable city departments, and shall announcing a community event sponsored by a charitable or educational group ensure that all the following conditions are fulfilled: in the city at no more than two (2) places in the city. The city manager shall, (a) Each sign is required for the convenience or safety of the public; prior to issuance of a permit, require recommendations regarding matters of (b) Each sign is directly related to an event that is clearly of a safety, construction and location from applicable city departments, and shall noncommercial nature directly related to the city; ensure that all the following conditions are fulfilled: (c) Each sign is of a temporary nature, and not to remain up longer than (a) Each sign is required for the convenience or safety of the public; fourteen consecutive days in any twelve-month period. (b) Each sign is directly related to an event that is clearly of a (d) Insurance in the amount set by the city attorney for such permits be noncommercial nature directly related to the city; provided. (c) Each sign is of a temporary nature, and not to remain up longer than fourteen consecutive days in any twelve-month period; and (d) Insurance in the amount set by the city attorney for such permits be provided. Annotation: This provision is also in the existing sign code, under the "temporary signs"chapter, 22.46 - Special Signs Page 65 of 67 Updated April 4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.56 Chapter 22.48 WALL SIGNS WALL SIGNS Chapter 22.56 Chapter 22.48 WALL SIGNS WALL SIGNS Sections: Annotation. The existing sign code regulates methods of attachment to a 22.56.010 Construction. greater degree than is proposed. The building and electrical codes adequately 22.56.020 Height limitation. cover the safety issues related to the installation of wall signs that are not 22.56.030 Projection beyond building line. painted. It is proposed that the regulations address issues of size, height and 22.56.040 Supports and attachments. placement only. 22.56.050 Sign painted on wall. Sections: Section 22.56.010 Construction. 22.48.010 Where permitted. Signs having an area of four square feet or less and not more than two inches 22.48.020 Signable area designation. in thickness may be affixed flat to any part of a building and may be of wood. 22.48.030 Number. Signs which do not exceed two feet in height, twenty feet in length, and two inches in thickness may be of wood. Section 22.48.010 Where permitted. Any wall sign constructed of incombustible materials may have letters, In all zoning districts, a premises, and each occupant of a shopping center or decorations or facings thereof of approved combustible materials. multiuse building, may display wall signs on walls adjacent to each street, Section 22.56.020 Height limitation. public right-of-way or private parking lot on which it has frontage in accordance Any wall sign that projects more than two inches from the surface of a building with the height and area requirements of the zone district or planning subarea. or structure shall have a clearance of not less than eight feet from the sidewalk Annotation: This subsection authorizes the display of wall signs. It is proposed or ground level. that wall signs can be displayed on any fapade facing a public street or right-of- Section 22.56.030 Projection beyond building line. way(including alleys)and from private parking lots. This does not represent a No wall sign shall be permitted to extend more than nine inches beyond the change from the existing sign code. As is now the case, it is proposed that roof building line. signs and abo ve-roof signs are prohibited(see prohibited signs section). Section 22.56.040 Supports and attachments. All wall signs shall be safely and securely attached to the building wall by Section 22.48.020 Signable area. means of metal anchors, bolts or expansion screws of not less than three- (a) Wall signs shall only be erected within areas that meet the definition of eighths-inch in diameter properly imbedded in the wall or shall be supported by signable area (refer to Section 22.04.520 for definition). The maximum or attached to metal brackets or saddles securely attached by similar methods. area of the signage allowed is restricted by the total sign area No wall sign shall be secured with wire, strips of wood or nails. designated for each frontage in each zoning district. The signable Section 22.56.050 Sign painted on wall. area(s) on each facade of the building that has frontage on a public Wall signs exclusively of paint are exempt from the requirements of this street, right-of-way or parking lot shall be an area of the building chapter, but are subject to limitations and general requirements of size, fagade which does not contain architectural features and windows. maintenance and related concerns specified elsewhere in this title. a. Sign area shall not exceed a maximum of 80% of the signable area, and in no event shall the sign area be greater than the maximum sign area specified by this title for the zoning district in which the parcel is located. Annotation: This subsection restricts the "signable area"ofa fagade to an area which does not contain architectural features. This designation does not determine the exact location of wall signs. It only determines the areas of a wall that are considered to be appropriate for signs. 22.48- !" Signs / P 66 0 67 Updated. I/4, 2007 Existing Sign Code—Title 22 Proposed Revisions Chapter 22.56 Chapter 22.48 WALL SIGNS WALL SIGNS Section 22.48.030 Number and height. Wall signs may be displayed as one or divided among two or more wall signs. Height is determined by the height of the signable area of the building fagade. Annotation: The sign area limits only the total area of signs displayed on a premises. The owners of the premises may divide and distribute the allowable sign area to the number of signs displayed in any way they choose. They may also place the sign(s)at any height they wish inside the designated "signable area': Section 22.480.40 Additional limitations. Wall signs may be painted on or attached to or pinned away from the wall, but must not project from the wall by more than twelve (12) inches and must not interrupt architectural details. Annotation: A sign that projects more than 12 inches from a wall is regulated as a projecting sign. 22,48- Wa//Signs Page 67 of 67 Updated April 4, 2007 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF BURLINGAME ADOPTING A REVISED TITLE 22 (SIGN CODE) 3 4 The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: 5 Section 1 . 6 (a) The City of Burlingame adopted its first sign regulations in 1916 in Ordinance No. 7 112. Following amendment in 1935, the City adopted its first comprehensive sign regulations in 8 1956 in Ordinance No. 618. Those regulations were then extensively revised in 1977 in 9 Ordinance No. 1096. While modest revisions were made in subsequent years, this ordinance is 10 the first complete revision of the Sign Code since 1977. 11 (b) This ordinance responds to the changes in sign design, new caselaw, and the 12 development of transit corridors and larger scale buildings in the City. This ordinance is 13 consistent with and advances the goals and policies of the Burlingame General Plan and the 14 Specific Plans that are a part of the General Plan. 15 16 Section 2. A new Title 22 is adopted to read as follows: 17 Title 22 SIGNS 18 Chapters: 19 22.02 Statement of Purpose of Title 22 22.04 Definitions 20 22.06 Administration and Enforcement of Sign Code 22.08 General Regulations 21 22. 10 R-1 and R-2 District Regulations 22. 12 R-3 and R-4 District Regulations 22 22. 14 C-1 & CR District Regulations 22. 16 C-2 District Regulations 23 22. 18 ECN & TW District Regulations 22.20 SL, AA & APN District Regulations 24 22.22 RR District Regulations 22.24 IB & APS District Regulations 25 22.26 Awnings, Canopies and Marquees 22.28 Changeable Copy Signs 26 22.30 Combination Signs 22.32 Exempt Signs 27 22.34 Freestanding Signs - Monument and Pole 22.36 Noncommercial Signs and Messages 28 22.38 Nonconforming Signs `" 1 1 22.40 Prohibited Signs 22.42 Projecting Signs 2 22.44 Properties with Nonconforming Uses 22.46 Special Signs 3 22.48 Wall Signs 4 Chapter 22.02 5 PURPOSE OF TITLE 22 6 Sections: 22.02.010 Statement of purpose. 7 8 22.02.010 Statement of purpose; 9 The purpose of this title is to create the legal framework for a comprehensive and 10 balanced system of signs that will preserve the right of free speech and expression, provide an 11 easy and pleasant communication between people and their environment, and avoid the visual 12 clutter that can be harmful to traffic and pedestrian safety, property values, business 13 opportunities, and community appearance. With these purposes in mind, it is the intent of this 14 title to authorize the use of signs that: 15 (a) Are well designed, compatible with their surroundings and preserve locally 16 recognized values of community appearance; 17 (b) Provide for consistent signage on adjacent sites; 18 (c) Safeguard and enhance property values in residential, commercial and industrial areas 19 by promoting the use of signs which are aesthetically pleasing, of appropriate scale, and 20 integrated with surrounding buildings and landscape; 21 (d) Protect public investment in and the character of public thoroughfares; 22 (e) Do not detract from the attraction of shoppers and other visitors who are important to 23 the economy of the city; 24 (f) Promote the free flow of vehicular and non-motorized traffic and protect pedestrians, 25 bicyclists and motorists from injury and property damage caused by or attributable to cluttered, 26 distracting, or illegible signage 27 (g) Are appropriately sized to the activity that displays them; 28 (h) Are expressive of both the identity of individual activities and the community as a --� 2 1 whole; and 2 (i) Are legible in the circumstances in which they are seen. 3 4 Chapter 22.04 5 DEFINITIONS Sections: 6 22.04.010 Above-roof sign. 22.04.020 Activity. 7 22.04.030 Animation or animated. 22.04.040 Architectural detail. 8 22.04.050 Awning. 22.04.060 Awning sign. 9 22.04.070 Banner. 22.04.080 Bare-bulb illumination. 10 22.04.090 Building. 22.04.100 Bunting. 11 22.04.110 Canopy. 22.04.120 Canopy sign. 12 22.04.130 Changeable copy sign. 22.04.140 Combination sign. 13 22.04.150 Commercial sign. 22.04.160 Directional sign. 14 22.04.165 Director of community development. 22.04.170 Erect. 15 22.04.180 Establishment. �-' 22.04.190 External illumination. 16 22.04.200 Facade. 22.04.210 Facade,blank. 17 22.04.220 Flag. 22.04.230 Flag,Decorative. 18 22.04.240 Flashing illumination. 22.04.250 Freestanding sign. 19 22.04.260 Frontage. 22.04.270 Height. 20 22.04.280 Illumination or illuminated. 22.04.290 Indirect illumination. 21 22.04.300 Internal illumination. 22.04.310 Maintenance. 22 22.04.320 Marquee. 22.04.330 Marquee sign. 23 22.04.340 Monument sign. 22.04.350 Movement. 24 22.04.360 Neon tube illumination. 22.04.370 Noncommercial sign. 25 22.04.380 Nonconforming sign. 22.04.390 Occupant. 26 22.04.400 Parcel. 22.04.410 Person. 27 22.04.420 Pole sign. 22.04.430 Portable sign. 28 22.04.440 Premises. `" 3 1 22.04.450 Projecting sign. 22.04.460 Repair. 2 22.04.470 Roof sign. 22.04.480 Shopping center. 3 22.04.490 Sign. 22.04.500 Sign area. 4 22.04.510 Signable area 22.04.530 Sign permit. 5 22.04.540 Sign permit, administrative. 22.04.550 Sign variance. 6 22.04.570 Sky sign. 22.04.580 Special sign. 7 22.04.590 Structure. 22.04.600 Temporary sign. 8 22.04.610 Wall sign. 22.04.620 Window sign. 9 10 22.04.010 Above-roof sign. 11 "Above-roof sign" means a sign displayed or extending above the peak or parapet of a 12 building. 13 14 22.04.020 Activity. 15 "Activity" means an individual tenant,business, or other establishment. 16 17 22.04.030 Animation or animated. 18 "Animation" or"animated" means the movement or the optical illusion of movement of 19 any part of the sign structure, design, or pictorial segment, including the movement of any 20 illumination or the flashing or varying of light intensity, or the automatic changing of all or any 21 part of the facing of a sign. 22 23 22.04.040 Architectural detail. 24 "Architectural Detail" means any projection, relief, cornice, column, change of building 25 material,window, or door opening on any building(See also "Signable area for wall signs"). 26 27 22.04.050 Awning. 28 "Awning" means a cloth,plastic, or other nonstructural covering that either is 4 I permanently attached to a building or can be raised or retracted to a position against the building 2 when not in use. 3 4 22.04.060 Awning sign. 5 "Awning sign" means any sign painted on or affixed to the sides or face of an awning. 6 7 22.04.070 Banner. 8 "Banner" means a sign composed of a logo or design on a lightweight material either 9 enclosed or not enclosed in a rigid frame and secured or mounted to allow motion caused by the 10 atmosphere. 11 12 22.04.080 Bare-bulb illumination. 13 'Bare-bulb illumination" means a light source that consists of light bulbs with a 20-watt 14 maximum wattage for each bulb. 15 16 22.04.090 Building. 17 'Building" means a structure having a roof supported by columns or walls. 18 19 22.04.100 Bunting. 20 'Bunting" means a lightweight fabric in single or multiple colors used for decoration. 21 22 22.04.110 Canopy. 23 "Canopy" means a structure, other than an awning, made of cloth, metal, or other material 24 with frames affixed to a building and supported by a frame that is affixed to or in contact with the 25 ground. 26 27 22.04.120 Canopy sign. 28 "Canopy sign" means any sign painted on or affixed to the sides or face of a canopy. �" 5 1 22.04.130 Changeable copy sign. 2 "Changeable copy sign" means a sign any part of which moves or flashes at intervals, 3 including a sign with movable or moving letters of any type or a sign that uses video projection, 4 LED, television, or other such technology. 5 6 22.04.140 Combination sign. 7 "Combination sign" is any sign which has features or characteristics normally found in 8 signs of more than one classification. 9 10 22.04.150 Commercial sign. 11 "Commercial sign" means any sign with wording, logo, or other representation that, 12 directly or indirectly, names, advertises, or calls attention to a business, product, service, or other 13 commercial activity. 14 15 22.04.160 Directional sign. 16 "Directional Sign" means a sign at the exit or entrance of a premises . 17 18 22.04.165 Director of community development. 19 "Director of community development"means the city director of community 20 development or the director's authorized representative or designee. 21 22 22.04.170 Erect. 23 "Erect" means to build, construct, attach, hang,place, suspend or affix, including the 24 painting or otherwise applying of signs. 25 26 22.04.180 Establishment. 27 'Establishment" means an organization, family or individual engaged in commercial, 28 industrial, civic, educational, recreational, governmental, religious or residential activities. -� 6 1 22.04.190 External illumination. 2 'External illumination" means illumination of a sign that is affected by an artificial source 3 of light not contained within the sign itself. 4 5 22.04.200 Fagade. 6 "Fagade" means the side of a building below the eaves or parapet wall (see also "Signable 7 area for wall signs"). 8 9 22.04.210 Facade,blank. 10 '"Fagade,blank" means the side of a building below the eaves that is blank and does not 11 have windows or architectural detail. 12 13 22.04.220 Flag. 14 "Flag" means a sign made of flexible material, typically cloth,paper or plastic,with a 15 graphic depiction of an emblem, insignia, or logo, including a flag of a country or state. 16 17 22.04.230 Flag, Decorative. 18 "Flag, Decorative" means any flag which displays an insignia, design or the like, and 19 which does not include any commercial name, message, logo or symbol. 20 21 22.04.240 Flashing illumination. 22 "Flashing illumination" means illumination in which the artificial source of light is not 23 maintained stationary or constant in intensity and color at all times when a sign is illuminated, 24 including illuminated lighting. 25 26 22.04.250 Freestanding sign. 27 "Freestanding sign" is a sign supported by one or more uprights,posts, or bases placed 28 upon or affixed in the ground and not attached to any part of a building. It includes a pole sign 7 I and a monument sign. 2 3 22.04.260 Frontage. 4 (a) Building frontage. 'Building frontage" means the distance measured along the wall 5 or walls of the building abutting on a public or private way, including public and private parking 6 lots, from which public access is provided to the premises. Where a building is occupied by more 7 than one establishment, "building frontage" shall be measured separately for each portion of the 8 building so occupied. 9 (b) Parcel frontage. "Parcel frontage" means the distance along the parcel line or lines 10 abutting upon a street, easement, or public or private parking lots, giving access to the property. 11 (c) A public or private parking lot or alley shall be considered to be a "frontage" for 12 purposes of this title. 13 14 22.04.270 Height. 15 "Height," as applied to a sign for the purposes of this title, means the vertical distance 16 measured from the established grade directly below the sign to the highest point of the sign. 17 18 22.04.280 Illumination or illuminated. 19 "Illumination" or"illuminated" means a source of any artificial or reflected light, either 20 directly from a source of light incorporated in, or indirectly from an artificial source. 21 22 22.04.290 Indirect illumination. 23 "Indirect illumination" means a source of external illumination, located away from the 24 sign, that lights the sign,but which is itself not visible to persons viewing the sign from any 25 street, sidewalk or adjacent property. 26 27 22.04.300. Internal illumination. 28 'Internal illumination" means a light source that is concealed or contained within the sign -. 8 I and becomes visible in darkness through a translucent surface. 2 3 22.04.310 Maintenance. 4 "Maintenance" means cleaning,painting, changing copy, general servicing, and repairing 5 as a routine procedure to preserve and keep in working order. Maintenance may include the 6 replacement of parts with like kind parts as such parts fail. 7 8 22.04.320 Marquee. 9 "Marquee" means a permanent structure, other than a roof, attached to, supported by, and 10 projecting from a building and providing protection from the elements. 11 12 22.04.330 Marquee sign. 13 "Marquee sign" means any sign painted on or affixed to the sides or face of a marquee. 14 No sign may be affixed to the roof of a marquee;projecting signs above a marquee shall not be 15 considered a part of a marquee sign and shall be evaluated under the standards for projecting 16 signs. 17 18 22.04.340 Monument sign. 19 "Monument sign" means a ground sign permanently affixed to the ground at its base, 20 supported entirely by a solid base structure only. 21 22 22.04.350 Movement. 23 "Movement" means physical movement or revolution up or down, around, or sideways 24 that completes a cycle of change at intervals of less than six (6) seconds (see also "animation"). 25 26 22.04.360 Neon tube illumination. 27 "Neon tube illumination" means a source of light for externally lit signs supplied by a 28 neon tube that is bent to form letters, symbols, or other shapes. 9 1 22.04.370 Noncommercial sign. 2 "Noncommercial sign" means any sign that is not determined by definition to be a 3 commercial sign. 4 5 22.04.380 Nonconforming sign. 6 "Nonconforming sign" means a sign that was lawfully constructed or installed prior to the 7 adoption or amendment of this ordinance and was in compliance with all of the provisions of this 8 ordinance then in effect, but which does not presently comply with this ordinance. 9 10 22.04.390 Occupant. 11 "Occupant" means a use located in a multi-use building or shopping center. 12 13 22.04.400 Parcel. 14 "Parcel' means a single lot, usually fronting on a street, delineated on an official map on 15 file with the county recorder, with separate legal title. 16 17 22.04.410 Person. 18 "Person" means any person, firm,partnership, association, corporation, company or 19 organization of any kind. 20 21 22.04.420 Pole sign. 22 "Pole sign" means a freestanding sign that is permanently supported in a fixed location by 23 a structure of poles, uprights, or braces from the ground and not supported by a building or a 24 solid base structure. 25 26 22.04.430 Portable sign. 27 "Portable sign" means a sign not permanently attached to the ground or a building nor 28 designed to be permanently attached to the ground or a building. -� 10 1 22.04.440 Premises. 2 "Premises" means the lot, plot,portion, or parcel of land considered as a unit for a single 3 use or development, whether owned, leased, or held by other property right. 4 5 22.04.450 Projecting sign. 6 "Projecting sign" means a sign attached to and projecting from the wall of a building and 7 not in the same vertical or horizontal plane as the attachment wall. 8 9 22.04.460 Repair. 10 "Repair" means to reconstruct, rebuild or undertake restoration after a substantial degree 11 of neglect and deterioration has occurred. 12 13 22.04.470 Roof sign. 14 "Roof sign" means a sign that is displayed on the roof of the building, above the eaves or 15 above the parapet wall. 16 17 22.04.480 Shopping center. 18 "Shopping center" means a commercial development under unified control consisting of 19 four(4) or more separate commercial establishments sharing a common building, or which are in 20 separate buildings that share a common entranceway or parking area. 21 22 22.04.490 Sign. 23 "Sign" means a lettered, numbered, symbolic,pictorial, or illuminated visual display 24 designed to identify, announce, direct, or inform that is visible from a public right-of-way. The 25 term "sign" includes banners, pennants, streamers, moving mechanisms, and lights. 26 27 22.04.500 Sign area. 28 "Sign area" means the total face area of a sign. Sign area is measured as follows: 11 I (a) Signs painted on a wall or canopy or individual cut out figures or letters shall be --� 2 measured as the area of the smallest polygon, not to exceed six straight sides, which will 3 completely enclose all figures, letters, designs, framing and tubing which are parts of such sign. 4 (b) Ground signs,pole signs,monument signs, or box signs shall be measured to include 5 the entire area encompassed by the box descrbied in subsection(a) above, including any framing, 6 trim or molding. For monument signs, the decorative base and any surrounding structure are not 7 included in the sign area. For pole signs, the pole or poles are not included in the sign area unless 8 there are figures or letters on the poles. 9 (c) "Maximum total sign area"means the maximum total sign area of all signs or of a 10 particular type of sign on a frontage or parcel as specified. 11 12 22.04.510 Signable area. 13 "Signable area" means the area in which a sign can be located. 14 (a) Signable area for a projecting sign or awning is: 15 (1) An area enclosed by a box or outline, or 16 (2) An area within a single continuous perimeter composed of a single rectangle, circle, 17 triangle, or parallelogram enclosing the extreme limits of characters, lettering, illustrations, 18 ornamentations, or other figures. (b) Signable area for a wall sign is an area free of 19 architectural details, including but not limited to windows, friezes, corbels, tile and trim, on the 20 fagade of a building or part of a building, measured in the same way that sign area for a sign on a 21 wall is measured. 22 23 22.04.530 Sign permit. 24 "Sign permit" means a permit from the planning department of the city required for all 25 new signs prior to the issuing of a building permit for a sign, under conditions specified in 26 chapter 22.06. 27 28 12 1 22.04.540 Sign permit, administrative. 2 "Administrative sign permit" means a permit from the city manager required for signs and 3 banners of a civic, charitable, educational or municipal nature. 4 5 22.04.550 Sign variance. 6 "Sign variance" means a decision by the planning commission to approve a sign permit 7 application, the approval of which requires, after public hearing and findings consistent with 8 section 22.06.120, a variance from one or more sections of this title. 9 10 22.04.570 Sky sign. 11 "Sky sign" means any sign attached to, painted on or suspended from a balloon, kite, or 12 similar object secured to real or personal property within the city(see also "Roof sign" and 13 "Above-roof sign"). 14 15 22.04.580 Special sign. 16 "Special sign" means a sign, other than a freestanding or wall sign, regulated by chapter 17 22.46 of this ordinance. 18 19 22.04.590. Structure. 20 "Structure" means anything built that requires a permanent location. This term includes a 21 building. 22 23 22.04.600 Temporary sign. 24 "Temporary sign" means a sign displayed for a limited period of time. 25 26 22.04.610 Wall sign. 27 "Wall sign" means a sign painted on or attached to a wall of a structure and in the same 28 vertical and horizontal planes as the wall and includes the frame of the sign. 13 1 22.04.620 Window sign. 2 "Window sign" means a sign applied, painted or affixed to or in the window of a 3 building. A window sign may be temporary or permanent. 4 5 Chapter 22.06 6 ADMINISTRATION AND ENFORCEMENT OF SIGN CODE 7 Sections: 22.06.010 Administration and enforcement. 8 22.06.020 Sign permit required. 22.06.030 Sign permit limitations. 9 22.06.040 Frontage and sign area calculations. 22.06.050 Existing signs. 10 22.06.060 Sign permit application--Information required. 22.06.070 Permit fees. 11 22.06.080 Investigation fees - Work without a permit. 22.06.090 Time limit for exercise of sign permit. 12 22.06.100 No permit required. 22.06.110 Severability clause. 13 22.06.120 Variances. 22.06.130 Building permit required. 14 22.06.140 Appeal--Decision of director of community development. 22.06.150 Appeal--Decision of planning commission. -� 15 22.06.160 Hearing of appeal by council--Finality of decision. 16 22.06.010 Administration and enforcement. 17 The provisions of this title shall be administered and enforced by the director of 18 community development, and such representatives as the planner may designate. All other 19 officers and employees of the city shall assist and cooperate with the director of community 20 development in administering and enforcing the provisions of this title. 21 22 22.06.020 Sign permit required. 23 No person shall erect or display any sign unless the director of community development 24 has issued a permit for the sign or unless this chapter exempts the sign from the permit 25 requirement. 26 27 22.06.030 Sign permit limitations. 28 The director of community development shall apply the standards of the sign code,upon 14 I the filing of an application for a sign permit, to ensure that the following limitations are 2 observed: 3 (a) Each zoning district in the city has maximum signage limits permitted with a sign 4 permit. These limits are specified in chapters 22.10 to 22.24 inclusive. 5 (b) Properties that are zoned "unclassified" shall be subject to the standards of the closest 6 adjacent zoning district, as determined by the director of community development. 7 (c) Signs enumerated in chapter 22.32 are exempt from calculation of maximum signage 8 per frontage. 9 (d) Each sign classification (freestanding sign, wall sign,projecting sign, etc.)has further 10 specifications that are described in succeeding chapters of this title. In no case shall a sign 11 variance be granted to increase the maximum total area of signage to be permitted on a parcel. 12 13 22.06.040 Frontage and sign area calculations. 14 In the C-1, CR, C-2, ECN, TW, SL, AA &APN, RR, 1B, and APS districts,where 15 maximum signage is related to frontage, the following procedures shall determine that frontage 16 for purposes of this title: 17 (a) A distinction shall be observed between parcel frontage and building frontage: 18 (1) Parcel frontage shall be used for freestanding ground signs, or combinations of these 19 signs with any other type. 20 (2) Building frontage shall be used to calculate maximum signage area for signs attached 21 to or wholly supported by a building or major structure. 22 (b) Frontage lengths and sign area limits are determined based on the street classification 23 and are listed in the requirements for each zoning district. Parcel and building frontage are 24 further defined in sections 22.04.260. The length of any frontage shall be the figure used to 25 calculate maximum permitted signage on that frontage, as described in chapters 22.10 to 22.24 26 inclusive. 27 (c) Sign area shall be determined as specified in section 22.04.500. 28 (d) Any freestanding sign which can be viewed from two street frontages and which is so 15 I placed that it has equal or nearly equal exposure from each frontage, shall be counted twice, once 2 for each frontage. 3 4 22.06.050 Existing signs. 5 Each premises shall be entitled to sign area within the limitations set forth in this title. 6 However, the area of all existing signs to remain shall be included with any new signs in 7 calculating the maximum total sign area allowed on a parcel. 8 9 22.06.060 Sign permit application- Information required. 10 (a) A person proposing to erect or display a sign shall file an application for a permit 11 with the director of community development. The application shall contain the following. 12 (1) Name, address, and telephone number of sign contractor and the owner and occupant 13 of the premises where the sign is to be erected or displayed; 14 (2) The date on which the sign is to be erected or displayed; 15 (3) Address and zoning district in which the sign is located; and any variance that has 16 been approved; 17 (4) Full description as determined by the director of community development of all 18 existing and proposed signs; 19 (5) Written consent of the owner of property; 20 (6) A drawing to scale that shows: 21 (A) All existing signs displayed on the premises; 22 (B) The location, height, and size of any proposed signs; and 23 (C) The percentage of the signable area covered by the proposed sign. 24 (7) Specifications for the construction or display of the sign and for its illumination and 25 mechanical movement, if any. 26 (8) Application fee shall be paid by the applicant at the time of payment for the building 27 permit fee for installation of the sign(s). 28 (b) Review and time limits. The director of community development shall review the -� 16 I application upon the receipt of a completed permit application. The director of community 2 development shall determine if the application complies with the sign code or requires planning 3 commission action within twenty(20) days from the date the application was determined to be 4 complete and permit fee was filed with the director of community development. 5 (c) Approval or denial. The director of community development shall approve a permit 6 for the sign if it complies with the building, electrical or other adopted codes of the city and with: 7 (1) The regulations for signs contained in this ordinance and any variance that has been 8 granted from these regulations, and 9 (2) Any approved sign variance for the parcel. 10 (d) If the director of community development does not approve a permit for the sign and 11 it is determined that a variance is not an available option, the director of community development 12 shall state the reasons for the denial in writing, and shall mail a certified copy of the reasons for 13 denial to the address of the applicant stated on the application. 14 15 22.06.070 Permit fees. 16 A sign permit fee shall be charged for every authorized new sign or set of signs within the 17 city. The fees for permit applications are established by the city council by resolution and shall 18 be nonrefundable. 19 20 22.06.080 Investigation fees - Work without a permit. 21 (a) Investigation. Whenever a sign is installed for which a permit is required by this code 22 without first obtaining a sign permit, a special investigation shall be made before a permit may be 23 issued for the work. 24 (b) Fee. An investigation fee, in addition to the sign permit fee, shall be collected as a 25 civil penalty, whether or not a permit is then or subsequently issued. The investigation fee shall 26 be up to ten(10)times the sign permit fee. The investigation fee shall be determined by the 27 director of community development and shall be based on the staff time reasonably required to 28 resolve all of the issues related to the work that has been performed without a permit, or removal 17 I of an illegal sign or sign installed without a permit. No sign permit shall be issued until the -� 2 investigation fee has been paid in full. 3 (c) Appeal. Any person assessed such a fee may file an appeal with the city clerk within 4 ten (10) days after written notice to such person of the assessment. A hearing upon such appeal 5 shall thereafter be held by the city council; its decision thereon shall be final. 6 (d) Nothing in this section shall relieve any persons from fully complying with the 7 requirements of this code, or with any codes incorporated by reference and made a part of this 8 code in the execution of the work, or from any other fees or penalties prescribed by law. 9 10 22.06.090 Time limit for exercise of sign permit. 11 In all cases where a sign permit has been approved, a building permit shall be obtained 12 and the sign(s) erected within a period not to exceed three(3)months from date of approval, 13 unless the value of the work exceeds one thousand dollars, in which case the schedule specified 14 in section 18.07.070 shall be observed. In the event such sign or signs are not erected within this 15 period, the permit shall become null and void. 16 17 22.06.100 No permit required. 18 Signs specifically exempted from the provisions of this chapter as specified in chapter 19 22.32 are exempt from the permit requirement. 20 21 22.06.110 Severability clause. 22 The invalidation of any section, subsection, clause, or phrase of this title by any court of 23 competent jurisdiction shall not affect the validity of the remaining portions of the title. 24 25 22.06.120 Variances. 26 (a) In order to prevent or mitigate significant difficulties and unnecessary hardship 27 inconsistent with the objectives of this title, the planning commission may grant variances from 28 the regulations of this chapter from only the following: -� 18 1 (1) Height of placement; or 2 (2) Location; or 3 (3) Within the maximum total sign area allowed on the parcel, the number of signs on a 4 frontage. However, no variance shall be granted to allow the maximum total number of 5 freestanding signs per parcel frontage to be exceeded. 6 (b) Such a variance shall only be granted when all of the following findings are made 7 based on substantial evidence presented to the commission: 8 (1) There are exceptional or extraordinary circumstances or conditions applicable to the 9 property, such as size, shape, topography, street frontage, or surrounding land use, that do not 10 apply generally to other property in the same district; and 11 (2) The granting of the variance is necessary for the preservation and enjoyment of a 12 substantial property right of the applicant, and to prevent unreasonable property loss or 13 unnecessary hardship; and 14 (3) The granting of the application will not be detrimental or injurious to property or ... 15 improvements in the vicinity and will not be detrimental to the public health, safety, general 16 welfare or convenience; and 17 (4) The signage for which the variance is sought will be compatible with the aesthetics, 18 mass, and character of existing and potential signage of properties in the general vicinity. 19 (c) Any variance granted shall be subject to such conditions as will assure that the 20 variance authorized shall not constitute a grant of special privilege inconsistent with the 21 limitations upon other properties in the vicinity and district in which the subject property is 22 located. 23 24 22.06.130 Building permit required. 25 No person shall erect, move, alter, change, repair,replace, suspend or attach any sign, or 26 portion thereof, or cause the same to be done without first obtaining from the building official a 27 permit in writing to do so and paying therefor the fees prescribed for such building permit. Upon 28 receipt of a building permit application, and evidence of a valid sign permit issued by the director 19 1 of community development, the building official shall then examine the plans and specifications -� 2 and other data and the premises upon which it is proposed to erect the sign or other advertising 3 structure; if it appears that the proposed structure is in compliance with all the requirements of 4 this title, the California Building Code in effect at that time, and all other applicable laws and 5 ordinances of the city, the building official shall then issue the building permit. 6 7 22.06.140 Appeal - Decision of director of community development. 8 Any applicant who is denied a permit for the display of a sign under the provisions of this 9 title may file a written appeal to the planning commission within ten (10) days of the date of the 10 director of community development's decision. The appeal must be made in writing, setting forth 11 the reasons for the appeal, include the required appeal and noticing fees, and shall be filed with 12 the community development department . 13 14 22.06.150 Appeal--Decision of planning commission. 15 A decision of the planning commission shall become final and conclusive ten (10) days 16 after the planning commission decision on an item if no appeal is filed. For a period ten(10) 17 days after the action of the commission, any person may appeal such action to the city council. 18 Such appeal shall be in writing, shall include the appeal and noticing fees and shall be filed with 19 the city clerk. During the same period, the council, on its own motion, may suspend the decision 20 of the commission for the purpose of reviewing the action of the commission. 21 22 22.06.160 Hearing of appeal by council--Finality of decision. 23 In the event that an appeal from the action of the commission is taken, the matter shall be 24 referred to the city council which shall hear the appeal. At the conclusion of its hearing, the city 25 council shall make its order approving,modifying or reversing the action of the commission. 26 The council's determination shall be final and conclusive. 27 28 H 20 1 Chapter 22.08 2 GENERAL REGULATIONS 3 Sections: 22.08.010 Only permitted signs to be erected. 4 22.08.020 Property owner's consent required. 22.08.030 Maintenance or alteration of existing signs. 5 22.08.040 Traffic hazard. 22.08.050 Pedestrian hazard. 6 22.08.060 Public places and objects. 22.08.070 Projection into public right-of-way. 7 22.08.080 Side wall and rear wall signs. 22.08.090 Removal of sign from city, county or state property upon notice. 8 22.08.100 Clearance from utility lines. 22.08.110 Glare from signs. 9 22.08.120 Obstruction. 10 22.08.010 Only permitted signs to be erected. 11 (a) No person shall erect, reconstruct, alter, relocate or place any sign within the city 12 except such signs as are permitted by this title. All signs, including the frames, braces or supports 13 thereof, shall be constructed and maintained in compliance with this title, the California Building 14 Code and National Electrical Code as adopted by the city, the zoning code, and all other 15 applicable ordinances of the city. 16 (b) Noncommercial signs as defined in section 22.04.370 are permitted wherever other 17 signage is permitted under this chapter. 18 (c) Noncommercial signage is subject to the same standards and is included within the 19 maximum allowances for signs for the parcel. 20 21 22.08.020 Property owner's consent required. 22 It is unlawful for any person to place, attach or maintain any sign,banner, card, sticker, 23 handbill or other advertising device upon or within any property, whether public or private, 24 without securing the written consent of the owner or the owner's authorized agent. 25 26 22.08.030 Maintenance or alteration of existing signs. 27 A sign permit shall not be required for the maintenance of an existing sign as defined in 28 section 22.04.310, which does not result in a change or alteration in the size, shape, or 21 I illumination of the affected sign. Any work other than such maintenance shall require a sign 2 permit. 3 4 22.08.040 Traffic hazard. 5 (a) No sign shall be erected at the intersection of any street, within a triangular area 6 formed by the curblines, and their projection, and a line connecting them at points thirty-five (3 5) 7 feet from the intersection of the projected curblines, unless the sign, in compliance with the 8 provisions of this chapter, has a clearance of at least ten feet above curb grade. 9 10 11 _ No Signs unless 10' 12 ` above grade in this area 13 Property Line m 14 --._.._(._-....... Sidewalk —� 15 16 _ _7 17 17 35' s F 18 19 20 (b) No signs shall be erected at or near the intersection of any streets in such a manner as 21 to obstruct free and clear vision; or at any location where,by reason of the position, shape or 22 color it may interfere with, obstruct the view of, or be confused with any authorized traffic sign 23 or signal device; or which makes use of the words "stop," "go," "caution," "look," "danger," or 24 any other word,phrase, symbol or character in such a manner as to interfere with,mislead or 25 confuse traffic. 26 27 22.08.050 Pedestrian hazard. 28 All signs or other advertising structures which are erected at any point where pedestrians 22 I might be endangered shall have a smooth surface and no nails, tacks or wires shall be permitted 2 to protrude therefrom. Electrical reflectors and devices may extend over the top and in front of 3 the sign or structure but not less than eight (8) feet above the sidewalk. 4 5 22.08.060 Projection into public right-of-way. 6 (a) Signs supported entirely on private property may extend up to four(4) feet into a 7 public right-of-way;provided that in no event shall any sign be permitted to extend within three 8 (3) feet of any portion of a public right-of-way used principally for vehicular traffic. 9 (b) Portions of signs extending into a public right-of-way shall have a minimum vertical 10 clearance of eight (8) feet between the bottom of the sign or its supporting structure and the 11 surface of the ground or sidewalk below;provided, that the minimum vertical clearance for any 12 part of an awning shall be eight(8) feet. 13 14 22.08.070 Public places and objects. 15 (a) No person shall paint, mark or write on, or post or otherwise affix, any handbill or 16 sign to or upon any sidewalk, crosswalk, curb, curbstone, street planter,parking meter or post, 17 street lamp post, hydrant, tree, shrub, tree stake or guard,railroad trestle, electric light or power 18 or telephone or telegraph pole, or wire appurtenance thereof or upon any fixture of the fire alarm 19 or police telegraph system or upon any lighting system, public bridge, drinking fountain, street 20 sign or traffic sign. 21 (b) Any handbill or sign found posted, or otherwise affixed upon any public property 22 contrary to the provisions of this section may be removed by an agent of the police department or 23 the department of public works. The person responsible for any such illegal posting shall be 24 liable for the cost incurred in the removal thereof and the department of public works is 25 authorized to effect the collection of the cost. 26 (c) Nothing in this section shall apply to the painting of house numbers upon curbs done 27 under permits issued by the director of public works under and in accordance with the provisions 28 of this code. 23 1 22.08.080 Side wall and rear wall signs. -� 2 Signs erected or painted on the wall of a building or structure which immediately abuts an 3 adjacent parcel privately owned shall require application to and approval by the planning 4 commission. The planning commission's decision shall be based on the following findings: 5 (a) The placement of the sign does not confuse the public regarding the premises for 6 which the sign is placed; 7 (b) The placement of the sign does not adversely impact the adjacent property; and 8 (c) Adequate clearance is provided for maintenance of the sign. 9 10 22.08.090 Removal of sign from city, county or state property upon notice. 11 Any sign which was previously permitted to extend over or to be maintained on any 12 property in which the city, county, or the state owns an interest shall be removed or altered by the 13 person maintaining such sign, at the person's sole expense, on thirty(30) days'written notice 14 from the director of community development whenever, by reason of changed traffic conditions 15 or the construction or relocation of public improvements, the director of community development 16 finds that the continued existence of such sign is no longer consistent with the purposes for 17 which such public property is to be used. 18 19 22.08.100 Clearance from utility lines. 20 No sign shall be erected or maintained which has less horizontal or vertical clearance 21 from communication lines and energized electrical power lines than that prescribed by the law of 22 the state of California or rules and regulations duly promulgated by agencies thereof. 23 24 22.08.110 Glare from signs. 25 All illuminated signs in all zones shall be designed in such manner that any cone of light 26 is retained on the property and to avoid undue glare or reflection of light on private property in 27 the surrounding area or to passersby and shall be erected and located in a manner satisfactory to 28 the director of community development. -� 24 1 22.08.120 Obstruction. 2 No sign shall be erected, located or maintained so as to prevent free ingress to or egress 3 from any door, window or fire escape. 4 5 6 Chapter 22.10 7 R-1 AND R-2 DISTRICT REGULATIONS 8 Sections: 22.10.010 Permitted signs. 9 22.10.020 Sign area. 22.10.030 Number. 10 22.10.040 Lighting. 22.10.050 Height. 11 12 22.10.010 Permitted signs. 13 No signs shall be erected or maintained in any R-1 or R-2 district except the following: 14 (a) Signs exempted in chapter 22.32; 15 (b) Noncommercial signs permitted in chapter 22.36; and 16 (c) Freestanding signs and wall signs, subject to the regulations in this chapter. 17 18 22.10.020 Sign area. 19 The maximum total sign area on a parcel shall be as follows: 20 Parcel Area Maximum Total Sign Area 21 Less than 10,000 square feet 15 square feet per frontage 22 10,000 square feet& over 50 square feet per frontage 23 24 22.10.030 Number. 25 The maximum total number of signs on a parcel shall be as follows: 26 27 28 25 1 Parcel Area Maximum Total Sign Number --� 2 Less than 10,000 square feet 1 per frontage 3 10,000 square feet & over 3 per frontage 4 5 22.10.040 Lighting. 6 (a) Each sign shall conform to the limitations and restrictions contained in section 7 22.08.110 regarding exterior lighting. External illumination shall be directed in such a way so 8 that any light bulb, filament, neon tubing or similar light source is not visible from beyond the 9 property line. 10 (b) On parcels that are 10,000 square feet in area or greater, freestanding signs with 11 interior illumination or translucent faces shall be limited to low-level illumination that cannot 12 exceed 0.1 foot-candles at any property line; 13 (c) On parcels that are less than 10,000 square feet in area, interior illumination of 14 freestanding signs is prohibited, except for signs less than one square foot in area. 15 (d) Interior illumination of wall signs is prohibited. 16 (e) All sign illumination shall be turned off by an automatic system during the hours 17 between 10:00 p.m. and 8:00 a.m. 18 19 22.10.050 Height. 20 No portion of any freestanding sign shall exceed seven(7) feet above the established 21 grade below the sign. A sign erected on a building or structure shall not be placed higher than the 22 first story or twelve (12) feet above the established grade below the sign, whichever is lower. 23 24 Chapter 22.12 25 R-3 AND R-4 DISTRICT REGULATIONS 26 Sections: 27 22.12.010 Permitted signs. 22.12.020 Sign area. 28 22.12.030 Number. -� 26 1 22.12.040 Lighting. 22.12.050 Height. 2 22.12.060 Additional criterion. 3 22.12.010 Permitted signs. 4 No signs shall be erected or maintained in any R-3 or R-4 zoned district except the 5 following: 6 (a) Signs exempted in chapter 22.32; and 7 (b) Freestanding signs and wall signs subject to the regulations listed in this chapter. 8 9 22.12.020 Sign area. 10 (a) Signs in an R-3 or R-4 district shall be limited as follows: 11 Parcel Size Maximum Total Sign Area per Parcel Frontage 12 Less than 10,000 15 square feet per side 30 square feet total sign area 13 square feet 10,000 to 15,000 0.5 square feet per 50 square feet total sign area 14 square feet lineal foot of parcel frontage per side (25 15 square foot maximum per side) 16 15,001 to 30,000 0.5 square feet per 60 square feet total sign area 17 square feet lineal foot of parcel frontage per side (30 18 square foot maximum) 19 More than 30,000 0.5 square feet per 100 square feet total sign area square feet lineal foot of parcel 20 frontage per side (50 square foot maximum 21 per side) 22 23 (b) Monument Sign Incentive. In order to promote monument signs in this district, 24 two-sided monument signs are considered to be one sign and in measuring total sign area, only 25 one side of the sign is included in the calculation. 26 27 22.12.030 Number. 28 There shall be no more than three (3) signs for each frontage, one of which may be a 27 1 two-sided monument sign. 2 3 Section 22.12.040 Lighting. 4 (a) Each sign shall conform to the limitations and restrictions contained in section 5 22.08.110 regarding exterior lighting. Exterior illumination shall be directed in such a way so 6 that any light bulb, filament, neon tubing or similar light source is not visible from beyond the 7 property line. 8 (b) On parcels that are 10,000 square feet in area or greater, freestanding signs with 9 interior illumination or translucent faces shall be limited to low-level illumination which cannot 10 exceed 0.1 foot-candles at any property line. 11 (c) On parcels that are less than 10,000 square feet in area, interior illumination of 12 freestanding signs is prohibited. 13 (d) Interior illumination of wall signs is prohibited. 14 (e) All sign illumination shall be turned off by an automatic system during the hours 15 between 10:00 p.m. and 8:00 a.m. 16 17 22.12.050 Height. 18 No portion of any freestanding monument sign shall exceed seven(7) feet above the 19 established grade below the sign. A sign erected on a building or structure shall not be placed 20 higher than the first story or twelve (12) feet above the established grade below the sign, 21 whichever is lower. 22 23 22.12.060 Additional criterion. 24 In addition, up to a total of six (6) signs per parcel, not to exceed three (3) feet in height 25 and no larger than three (3) square feet located at driveway entrances and within parking areas 26 shall be exempt from the total square footage calculation. 27 28 28 I Chapter 22.14 2 C-1 & CR DISTRICT REGULATIONS 3 Sections: 22.14.010 Permitted signs. 4 22.14.020 Prohibited signs. 22.14.030 Sign area and placement for wall signs, awning signs and projecting signs. 5 22.14.040 Number. 22.14.050 Freestanding monument signs. 6 22.14.060 Illumination requirements. 22.14.070 Additional criterion. 7 8 22.14.010 Permitted signs. 9 Awning signs, freestanding monument signs,projecting signs and wall signs are 10 permitted in the C-1 and CR districts, as specified in this chapter and as described in chapters 11 22.26, 22.34, 22.42 and 22.48, subject also to the size, number and height regulations specified 12 below. 13 14 22.14.020 Prohibited signs 15 In addition to the signs specified in chapter 22.40, Prohibited Signs,pole signs are 16 prohibited. 17 18 22.14.030 Sign area and placement for wall signs, awning signs, and projecting signs. 19 (a) The maximum total sign area for wall signs,projecting signs and awning signs 20 allowed on each building frontage shall be determined based on the length of the building 21 frontage and calculated in accordance with the following table: 22 Building Frontage Length Maximum Total Sign Area for 23 Building Frontage 24 50 feet or less 60 square feet 51 feet to 100 feet 120 square feet 25 101 feet to 150 feet 180 square feet 26 Over 150 feet 200 square feet 27 28 (b) Wall signs shall be permitted on any designated frontage subject to the sign area 29 I limitations listed above and the placement requirements listed in chapter 22.48. 2 (c) The maximum height of wall signs shall be limited to the height of the signable area 3 of the wall face as defined in section 22.04.520. 4 (d) When located below twenty-four(24) feet in height, awning signs and projecting 5 signs, in accordance with the regulations stated in chapters 22.26 and 22.42 shall be permitted as 6 well as wall signs. 7 8 22.14.040 Number. 9 There shall be no more than five (5) signs for each building frontage. 10 11 22.14.050 Freestanding monument signs 12 (a) Based on the following criteria and subject to the standards of chapter 22.34, one 13 two-sided freestanding monument sign shall be permitted on a parcel frontage of one hundred 14 (100) feet or greater, and three (3) two-sided freestanding monument signs shall be permitted on 15 a parcel frontage of four hundred(400) feet or greater: 16 Street on which Maximum Maximum Sign Area per Monument Sign forr 17 Parcel Frontage Height Parcel Frontage is Located 18 El Camino Real 8 feet 100 square feet per 200 square feet total sign side area 19 Broadway 8 feet 50 square feet per side 100 square feet total sign 20 area 21 Howard Avenue 8 feet 50 square feet per side 100 square feet total sign area 22 All Other Streets 5 feet 30 square feet per side 60 square feet t=sign 23 (local) area 24 25 (b) Monument Sign Incentive. In order to promote monument signs in this district, 26 two-sided monument signs are considered to be a single sign and in measuring total sign area, 27 only one side of the sign is included in the calculation. 28 (c) Freestanding monument signs are prohibited on parcels with a parcel frontage of less -. 30 I than one hundred (100) feet. 2 3 22.14.060 Illumination requirements. 4 (a) A permanent sign may be non-illuminated, illuminated by internal, internal indirect, 5 or external indirect illumination. Consistency with section22.08.1 10 , is required. Signs that are 6 externally lit shall be illuminated only with steady, stationary, down-directed, and shielded light 7 sources directed solely onto the sign. 8 (b) A sign may not be animated,have changeable copy or have flashing illumination. 9 (c) Awning signs shall not be internally illuminated. 10 11 22.14.070 Additional criterion. 12 (a) In addition, up to a total of six (6) signs per parcel, not to exceed three (3) feet in 13 height and no larger than three (3) square feet each, located at driveway entrances and within 14 parking areas shall be exempt from the total square footage calculation. 15 16 Chapter 22.16 17 C-2 DISTRICT REGULATIONS 18 Sections: 22.16.010 Permitted signs. 19 22.16.020 Prohibited signs. 22.16.030 Sign area. 20 22.16.040 Number. 22.16.050 Freestanding signs. 21 22.16.060 Illumination requirements. 22.16.070 Changeable copy signs. 22 22.16.080 Additional criterion. 23 24 22.16.010 Permitted signs. 25 Awning signs, changeable copy signs, freestanding monument signs, projecting signs and 26 wall signs are permitted in the C-2 district, as specified in this chapter and as described in 27 chapters 22.26, 22.34, 22.42 and 22.48, subject also to the size, number and height regulations 28 specified below. 31 1 22.16.020 Prohibited signs. 2 All signs specified in chapter 22.40, Prohibited Signs, are prohibited. 3 4 22.16.030 Sign area and placement for wall signs, awning signs and projecting signs. 5 (a) The aggregate total sign area for wall signs,projecting signs and awning signs 6 allowed on each building frontage shall be determined based on the length of the building 7 frontage calculated in accordance with the following table: 8 Building Frontage Maximum Total Sign Area Per 9 Length Building Frontage 10 50 feet or less 150 square feet 51 to 100 feet 300 square feet 11 101 to 150 feet 450 square feet 12 Over 150 feet 500 square feet 13 14 (b) Wall signs shall be permitted on any building frontage subject to the sign area 15 limitations listed above and the placement requirements listed in chapter 22.48. 16 (c) The maximum height of wall signs shall be limited to the height of the signable area 17 of the wall face as defined in section 22.04.520. 18 (d) When located below twenty-four(24) feet in height, awning signs and projecting 19 signs, in accordance with the regulations stated in chapters 22.26 and 22.42, shall be permitted as 20 well as wall signs. 21 22 22.16.040 Number. 23 There shall be no more than five (5) signs for each building frontage. 24 25 22.16.050 Freestanding signs. 26 In addition to the wall, awning and projecting signs allowed in section 22.16.030, the 27 following freestanding signs shall be permitted as follows: 28 (a) Monument Signs: -� 32 1 (1) One two-sided freestanding monument sign shall be permitted on a parcel frontage of 2 at least one hundred-fifty(150) feet based on the following criteria and subject to the standards in 3 chapter 22.34. 4 Street on which Maximum Maximum Sign Area for a 5 Parcel Frontage Height Monument Sign is Located 6 Broadway 8 feet 50 square feet 100 square feet 7 per side total area California Drive 8 feet 50 square feet 100 square feet 8 per side total area 9 Rollins Road 8 feet 50 square feet 100 square feet per side total area 10 All other Streets 5 feet 30 square feet 60 square feet 11 (local) per side total area 12 13 (2) Monument Sign Incentive: In order to promote monument signs in this district, 14 two-sided monument signs are considered to be a single sign and in measuring total sign area, 15 only one side of the sign is included in the calculation. 16 (3) Freestanding monument signs are prohibited on a parcel frontage of less than one 17 hundred-fifty(150) feet in length. 18 (b) Pole Signs 19 (1) One freestanding pole sign shall be permitted on each parcel frontage of at least one 20 hundred-fifty(150) feet on the following streets and subject to the following criteria. Two (2) 21 freestanding pole signs shall be permitted on each parcel frontage of at least three hundred (300) 22 feet on the following streets and subject to the following criteria: 23 Street on which Maximum Maximum Sign Area of Each 24 Parcel Frontage Height Pole Sign is Located 25 Broadway 25 feet 150 square feet 300 square feet 26 1 per side total sign area California Drive 25 feet 150 square feet 300 square feet 27 per side total sign area 28 33 1 Rollins Road 25 feet 150 square feet 300 square feet --� 2 per side I total sign area 3 (2) There shall be no incentive for pole signs, a pole sign shall be counted as two signs, 4 and each side shall be counted in the total sign area. 5 (3) Pole signs are prohibited on parcel frontages less than one hundred-fifty(150) feet in 6 length. 7 g Section 22.16.060 Illumination requirements. 9 (a) A permanent sign may be non-illuminated, illuminated by internal, internal indirect or 10 external indirect illumination. Consistency with section22.08.110 is required. Signs that are 11 externally lit shall be illuminated only with steady, stationary, down-directed, and shielded light 12 sources directed solely onto the sign. 13 (b) A sign may not be animated or have flashing illumination. 14 (c) Awning signs shall not be internally illuminated. 15 16 22.16.070 Changeable copy signs. 17 A portion of a monument or freestanding pole sign may include changeable copy, subject 18 to chapter 22.28. 19 20 22.16.080 Additional criterion. 21 In addition, up to a total of six (6) signs per parcel, not to exceed three (3) feet in height 22 and no larger than three (3) square feet located at driveway entrances and within parking areas 23 shall be exempt from the total square footage calculation. 24 25 Chapter 22.18 26 ECN&TW DISTRICT REGULATIONS 27 Sections: 22.18.010 Permitted signs. 28 22.18.020 Prohibited signs. 34 1 22.18.030 Sign area. 22.18.040 Number 2 22.18.050 Freestanding monument signs. 22.18.060 Illumination requirements. 3 22.18.070 Additional criteria. 4 22.18.010 Permitted signs. 5 Awning signs, freestanding monument signs,projecting signs and wall signs are 6 permitted in the ECN & TW Districts, as specified in this chapter and as described in chapters 7 22.26, 22.34, 22.42 and 22.48, subject also to the size, number and height regulations specified 8 below. 9 10 22.18.020 Prohibited signs. 11 In addition to the signs specified in chapter 22.40, Prohibited Signs, pole signs are 12 prohibited. 13 14 22.18.030 Sign area and placement for wall signs, awning signs and projecting signs. 15 (a) The maximum total sign area for wall signs,projecting signs and awnings signs 16 allowed on each building frontage shall be determined based on the length of the building 17 frontage calculated in accordance with the following table: 18 19 Building Frontage Length Maximum Total Sign Area per Building Frontage 20 50 feet or less 60 square feet 21 51 feet to 100 feet 120 square feet 22 101 feet to 150 feet 180 square feet 23 Over 150 feet 200 square feet 24 (b) Wall signs shall be permitted on any building frontage subject to the sign area 25 limitations listed above and the placement requirements listed in chapter 22.48. 26 (c) The maximum height of wall signs shall be limited to the height of the signable area 27 of the first two (2) stories or twenty-four(24) feet of wall face, whichever is less, as defined in 28 section 22.04.500. 35 I (d) Awning signs and projecting signs, in accordance with the regulations stated in —� 2 chapters 22.26 and 22.42 shall be permitted instead of wall signs and shall be limited to the first 3 two stories or twenty-four(24) feet in height, whichever is less. 4 5 22.18.040 Number. 6 There shall be no more than five (5) signs for each building frontage. 7 8 22.18.050 Freestanding monument signs 9 (a) In addition to the wall, awning and projecting signs allowed in section 22.18.030, one 10 two-sided freestanding monument sign shall be permitted on a parcel frontage of at least one 11 hundred-fifty(150) feet based on the following criteria and subject to the standards in chapter 12 22.34. 13 Street on which Maximum Maximum Sign Area of Monument Sign 14 Parcel Frontage Height is Located 15 California Drive 8 feet 50 square feet 100 square feet total 16 per side sign area El Camino Real 8 feet 50 square feet 100 square feet total 17 per side sign area 18 Magnolia 8 feet 50 square feet 100 square feet total Avenue per side sign area 19 Murchison Drive 8 feet 50 square feet 100 square feet total 20 per side sign area 21 Trousdale Drive 8 feet 50 square feet 100 square feet total per side sign area 22 All Other Streets 5 feet 30 square feet 60 square feet total sign 23 (local) per side area 24 (b) Monument Sign Incentive: In order to promote monument signs in this district, 25 two-sided monument signs are considered to be a single sign and in measuring total sign area, 26 only one side of the sign is included in the calculation. 27 (c) Freestanding monument signs are prohibited on parcels with a parcel frontage of less 28 than one hundred-fifty(15 0) feet in length. -� 36 1 22.18.060 Illumination requirements. 2 (a) A permanent sign may be non-illuminated, illuminated by internal, internal indirect or 3 external indirect illumination. Consistency with section22.08.110 is required. Signs that are 4 externally lit shall be illuminated only with steady, stationary, down-directed, and shielded light 5 sources directed solely onto the sign. 6 (b) A sign may not be animated, have changeable copy or have flashing illumination. 7 (c) Awning signs shall not be internally illuminated. 8 9 22.18.070 Additional criterion. 10 In addition, up to a total of six (6) signs per parcel, not to exceed three (3) feet in height 11 and no larger than three(3) square feet located at driveway entrances and within parking areas 12 shall be exempt from the total square footage calculation. 13 14 Chapter 22.20 15 SL, AA&APN SIGN DISTRICT REGULATIONS 16 Sections: 22.20.010 Permitted signs. 17 22.20.020 Prohibited signs. 22.20.030 Sign area. 18 22.20.040 Freestanding monument signs. 22.20.050 Wall signs. 19 22.20.060 Awning signs. 22.20.070 Illumination requirements. 20 22.20.080 Additional criteria. 21 22.20.010 Permitted signs. 22 Awning signs, freestanding monument signs, projecting signs and wall signs are 23 permitted in the SL, AA and APN Districts, as specified in this chapter and as described in 24 chapters 22.26, 22.34, 22.42 and 22.48, subject also to the size and height regulations specified 25 below. 26 27 22.20.020 Prohibited signs. 28 In addition to the signs specified in chapter 22.40, Prohibited Signs, pole signs are 37 1 prohibited. 2 3 22.20.030 Sign area. 4 (a) The maximum total sign area allowed at or below twenty-four(24) feet on each 5 building frontage shall be determined based on the length of the building frontage on which the 6 signs are placed andacalculated in accordance with the following table: 7 Building Frontage Maximum Total Area for All Signs Below 8 Length 24 Feet in Height 9 Less than 100 feet 100 square feet 100 to 150 feet 150 square feet 10 151 to 250 feet 250 square feet 11 251 to 350 feet 350 square feet 12 Over 350 feet 500 square feet 13 14 (b) The maximum total sign area allowed above twenty-four(24) feet on each building 15 frontage is 350 square feet. 16 17 22.20.040 Freestanding signs. 18 (a) In addition to the total sign area allowed under section 22.22.030 above, one 19 two-sided freestanding monument sign shall be permitted on each parcel frontage of at least one 20 hundred-fifty(15 0) feet in length based on the following criteria and subject to the standards in 21 chapter 22.34: 22 Street on which Maximum Maximum Sign Area for Monument Sign Parcel Frontage Height 23 is Located 24 Airport 8 feet 75 square feet 150 square feet total area Boulevard per side 25 Bayshore 8 feet 75 square feet 150 square feet total area 26 Highway per side 27 All other Streets 8 feet 40 square feet 80 square feet total area (local) per side 28 38 I (b) Monument Sign Incentive: In order to promote monument signs in this district, 2 two-sided monument signs are considered to be one sign and in measuring total sign area, only 3 one side of the sign is included in the calculation. 4 (c) In addition to the total sign area allowed under section 22.22.030, one freestanding 5 monument sign at a height of not more than eight (8) feet and with a maximum sign area of 6 twenty-five (25) square feet per side(a maximum of fifty(50) square feet total) shall be 7 permitted on each parcel frontage of less than one hundred-fifty(150) feet in length. 8 9 22.20.050 Wall signs. 10 (a) Wall signs shall be permitted on any parcel frontage subject to the sign area 11 limitations of section 22.20.030 and the placement requirements listed in chapter 22.48. 12 (b) There shall be no more than three (3)wall signs at a height below twenty-four(24) 13 feet in height. 14 (c) No more than three (3) signs above a height of twenty-four feet are allowed on any 15 parcel frontage, and no single sign above twenty-four(24) feet in height shall be larger than two 16 hundred-fifty(250) square feet. 17 (d) For purposes of this section,no building shall be considered to have more than four 18 (4)building frontages regardless of the building's design or parcel. 19 20 22.20.060 Awning signs. 21 When located below twenty-four(24) feet in height, awning signs, in accordance with the 22 regulations stated in chapter 22.26 shall be permitted in addition to wall signs. 23 24 22.20.070 Illumination requirements. 25 (a) A permanent sign may be non-illuminated, illuminated by internal, internal indirect or 26 external indirect illumination. Consistency with section 22.08.110 is required. Signs that are 27 externally lit shall be illuminated only with steady, stationary, down-directed, and shielded light 28 sources directed solely onto the sign. 39 I (b) A sign may not be animated, have changeable copy or have flashing illumination. -1 2 (c) Awning signs shall not be internally illuminated. 3 4 22.20.080 Additional criteria 5 (a) In addition, up to a total of six (6) signs per parcel, not to exceed three (3) feet in 6 height and no larger than three (3) square feet located at driveway entrances and within parking 7 areas shall be exempt from the total square footage calculation. 8 (b) No single sign at a height of twenty-four(24) feet or less may be larger than two 9 hundred(200) square feet. 10 (c) The only signs allowed at a height above twenty-four(24) feet are wall signs. 11 12 Chapter 22.22 13 RR DISTRICT REGULATIONS 14 Sections: 22.22.010 Permitted signs. 15 22.22.020 Prohibited signs. 22.22.030 Sign area. 16 22.22.040 Freestanding signs. 22.22.050 Wall signs. 17 22.22.060 Awning signs. 22.22.070 Illumination requirements. 18 22.22.080 Changeable copy signs. 22.22.090 Additional criteria. 19 20 22.22.010 Permitted signs. 21 Awning signs, changeable copy signs, freestanding monument signs,projecting signs and 22 wall signs are permitted in the RR district, as specified in this chapter and as described in 23 chapters 22.26, 22.28, 22.34, 22.42 and 22.48, subject also to the size and height regulations 24 specified below. 25 26 22.22.020 Prohibited signs. 27 All signs specified in Chapter 22.40, Prohibited Signs are prohibited. Pole signs are 28 allowed only as specified in section 22.22.040 below. 40 1 22.22.030 Sign area. 2 The total sign area allowed on each frontage shall be determined based on the length of 3 the building frontage and calculated in accordance with the following table: 4 Parcel Frontage Length Maximum Total Sign Area for 5 Parcel Frontage 6 50 feet or less 150 square feet 51 feet to 100 feet 200 square feet 7 101 feet to 150 feet 250 square feet 8 151 to 200 feet 300 square feet 9 Over 200 feet 350 square feet 10 11 22.22.040 Freestanding signs. 12 (a) In addition to the total sign area allowed under section 22.22.030, one two-sided 13 freestanding monument sign shall be permitted on each parcel frontage of at least one 14 hundred-fifty(15 0) feet in length based on the following criteria and subject to the standards in 15 chapter 22.34: 16 Street on which Height Maximum Sign Area of Monument Sign 17 Parcel Frontage is Located 18 Adrian Road 20 feet 75 square feet per side 150 square feet of total sign area 19 Broadway 20 feet 75 square feet per side 150 square feet of total 20 sign area 21 Rollins Road 20 feet 75 square feet per side 150 square feet of total sign area 22 All other streets 15 feet 40 square feet per side 80 square feet of total 23 (local) I I sign area 24 (b) In addition to the total sign area allowed under section 22.22.030, one Freestanding 25 Monument Sign at a height of not more than twelve (12) feet and a maximum sign area of 26 twenty-five (25) SF per side (fifty (50) SF total) shall be permitted on sites with a parcel frontage 27 of less than one hundred-fifty (150) feet in length. 28 (c) Monument Sign Incentive: In order to promote monument signs in this district, 41 I two-sided monument signs are considered to be one sign and in measuring total sign area, only —� 2 one side of the sign is included in the calculation. 3 (d) Parcels with a parcel frontage of at least one hundred-fifty(150) feet in length on 4 Adrian Road or Broadway may have one pole sign in place of a monument sign, subject to the 5 criteria in Chapter 22.34 and the following: 6 7 Street on which Parcel Maximum Maximum Sign Area of Pole Sign Frontage is Located Height 8 Adrian Road 40 feet 120 square feet per side 240 square feet of total 9 sign area Broadway 40 feet 120 square feet per side 240 square feet of total 10 sign area 11 12 13 There is no second side incentive for pole signs. 14 15 22.22.050 Wall signs. 16 (a) Wall signs shall be permitted on any designated frontage subject to the sign area 17 limitations listed in section 22.22.020 and the placement requirements listed in chapter 22.48. 18 (b) No more than three (3)wall signs are allowed on any building frontage. 19 (c) The maximum height of wall signs shall be limited to the height of the signable area 20 of the wall face as defined in section 22.04.500. 21 22 22.22.060 Awning signs and projecting signs. 23 When located below twenty-four(24) feet in height, awning signs and projecting signs, in 24 accordance with the regulations stated in section 22.24 and 22.42 shall be permitted as well as 25 wall signs. 26 27 22.22.070 Illumination requirements. 28 (a) A permanent sign may be non-illuminated, illuminated by internal, internal indirect or 42 I external indirect illumination. Consistency with section 22.08.110 is required. Signs that are 2 externally lit shall be illuminated only with steady, stationary, down-directed, and shielded light 3 sources directed solely onto the sign. 4 (b) A sign may not be animated or have flashing illumination. 5 (c) Awning signs shall not be internally illuminated. 6 7 22.22.080 Changeable copy signs. 8 A portion of a monument or freestanding pole sign may include changeable copy subject 9 to the criteria in chapter 22.28. 10 11 22.22.090 Additional criteria. 12 (a) In addition, up to a total of six (6) signs per parcel not to exceed three (3) feet in 13 height and no larger than three (3) square feet located at driveway entrances and within parking 14 areas shall be exempt from the total square footage calculation. 15 (b) No single sign or single face of a freestanding sign may be larger than one hundred 16 fifty(150) square feet. 17 (c) All forms of illumination are permitted; except that awning signs may not be 18 internally illuminated. 19 20 Chapter 22.24 21 113 &APS DISTRICT REGULATIONS 22 Sections: 22.24.010 Permitted signs. 23 22.24.020 Prohibited signs. 22.24.030 Sign area. 24 22.24.040 Freestanding signs. 22.24.050 Wall signs. 25 22.24.060 Awning signs. 22.24.070 Illumination requirements. 26 22.24.080 Changeable copy signs. 22.24.090 Additional criteria. 27 28 43 1 22.24.010 Permitted signs. 2 Awning signs, changeable copy signs, freestanding monument signs, projecting signs and 3 wall signs are permitted in the IB and APS districts, as specified in this chapter and as described 4 in Chapters 22.26, 22.28, 22.34, 22.42 and 22.48, subject also to the size and height regulations 5 specified below. 6 7 22.24.020 Prohibited signs. 8 All signs specified in chapter 22.40, Prohibited Signs, are prohibited. 9 10 22.24.030 Sign area. 11 The maximum total sign area allowed on each parcel frontage shall be determined based 12 on the length of the parcel frontage calculated in accordance with the following table: 13 Parcel Frontage Length Maximum Total Sign Area for 14 Parcel Frontage 15 50 feet or less 150 square feet -� 51 feet to 100 feet 200 square feet 16 101 feet to 150 feet 250 square feet 17 151 to 200 feet 300 square feet 18 Over 200 feet 350 square feet 19 20 22.24.040 Freestanding signs. 21 (a) In addition to the total sign area allowed under section 22.24.040, one two-sided 22 freestanding monument sign shall be permitted on each parcel frontage of at least one 23 hundred-fifty(150) feet in length based on the following criteria and subject to the standards in 24 chapter 22.34 25 Street on which Maximum Maximum Total Sign Area for Parcel 26 Parcel Frontage is Height Frontage Located 27 Airport Boulevard 12 feet 75 square feet per 150 square feet of side total area 28 44 I Bayshore Highway 12 feet 75 square feet per 150 square feet of 2 side total area Gilbreth Road 12 feet 75 square feet per 150 square feet of 3 side total area 4 All other streets and 8 feet 40 square feet per 80 square feet of frontages I I side total area 5 6 (b) In addition to the total sign area allowed under section 22.24.030, one freestanding 7 monument sign at a height of not more than eight (8) feet and a maximum sign area of 8 twenty-five (25) square feet per side (fifty(50) square feet total) shall be permitted on each 9 parcel frontage of less than one hundred-fifty(15 0) feet in length. 10 (c) Monument sign incentive: In order to promote monument signs in this district, 11 two-sided monument signs are considered to be one sign and in measuring total sign area, only 12 one side of the sign is included in the calculation. 13 (d) One pole sign may be placed on a parcel frontage of one hundred-fifty(150) feet or 14 more on Gilbreth Road in place of an allowed monument sign for that parcel frontage, subject 15 to the criteria in chapter 22.34 and the following limitations: 16 Street on which Maximum Height Maximum Sign Area for Pole Sign 17 Parcel Frontage is Located 18 Gilbreth Road 40 feet 120 square feet per 240 square maximum 19 1 1 1side total sign area 20 There is no second side incentive for pole signs. 21 22 22.24.050 Wall signs. 23 (a) Wall signs shall be permitted on any defined frontage subject to the sign area 24 limitations of section 2220.020 and the placement requirements of chapter 22.48. 25 (b) No more than three(3)wall signs are allowed on any building frontage. 26 (c) The maximum height of wall signs shall be limited to the height of the signable area 27 of the wall face as defined in section 22.04.500. 28 45 1 22.24.060 Awning signs. 2 When located below twenty-four(24) feet in height, awning Signs, in accordance with the 3 regulations stated in Section 22.26, shall be permitted as well as wall signs. 4 5 22.24.070 Illumination requirements. 6 (a) A permanent sign may be non-illuminated, illuminated by internal, internal indirect or 7 external indirect illumination. Consistency with section 22.08.110 is required. Signs that are 8 externally lit shall be illuminated only with steady, stationary, down-directed, and shielded light 9 sources directed solely onto the sign. 10 (b) A sign may not be animated or have flashing illumination. 11 (c) Awning signs shall not be internally illuminated. 12 13 22.24.080 Changeable copy signs. 14 A portion of a monument or freestanding pole sign may include changeable copy, subject 15 to chapter 22.28. 16 17 22.24.090 Additional criteria. 18 (a) In addition, up to a total of six (6) signs per parcel not to exceed three (3) feet in 19 height and no larger than three (3) square feet located at driveway entrances and within parking 20 areas shall be exempt from the total square footage calculation. 21 (b) No single sign or single side of a freestanding sign may be larger than one 22 hundred-fifty(15 0) square feet. 23 24 Chapter 22.26 25 AWNING, CANOPY AND MARQUEE SIGNS 26 Sections: 22.26.010 Where permitted. 27 22.26.020 Signable area. 22.26.030 Projection into public right-of-way. 28 22.26.040 Illumination. —� 46 1 2 22.26.010 Where permitted. 3 An awning, canopy, or marquee as defined in chapter 22.04 may be installed on a 4 building in accordance with California Building Code Standards, subject to the zoning 5 requirements for structures on each street or highway frontage and the limitations established in 6 this title in the following zoning districts: C-1, CR, C-2, ECN, TW, SL, IB, AA, RR, APN and 7 APS, and the signs on these structures shall conform to the requirements of this chapter. 8 9 22.26.020 Signable area. 10 On an awning, canopy and marquee, a sign may be displayed on or attached to only one 11 (1) signable area. The signable area shall not exceed forty(40)percent of the area of the 12 principal face of the awning, canopy or marquee. The signage located on an awning, canopy and 13 marquee shall be considered to be a part of the maximum total signage allowed below 14 twenty-four(24) feet on a specified frontage. Signable area on an awning, canopy and marquee 15 shall not project above,below or beyond the edges of the awning, canopy and marquee on which 16 it is displayed. No advertising material shall be placed upon the roof of a marquee. 17 18 22.26.030 Projection into public right-of-way. 19 Awnings, canopies and marquees which are entirely supported on private property may 20 extend up to four(4) feet into the public right-of way; provided that they shall not extend within 21 three (3) feet of the portion of the public right of way used for vehicular traffic (measured from 22 the face of the curb). Portions of the awnings, canopies and marquees extending into the public 23 right-of-way or over a private sidewalk shall have a minimum vertical clearance of eight (8) feet 24 between the bottom of the structure and the surface of the ground or sidewalk. 25 26 22.26.040 Illumination. 27 Awnings, canopies and marquees may be unlit or may be externally illuminated only by 28 down-directed and shielded lighting fixtures where the cone of light is contained on the parcel. 47 I Internally illuminated awnings and canopies and marquees are prohibited. An internally -� 2 illuminated sign not to exceed ten percent (10%) of the area of the face of a marquee may be 3 placed in a frame on a marquee structure. 4 5 Chapter 22.28 6 CHANGEABLE COPY SIGNS 7 Sections: 22.28.010 Changeable copy signs. 8 9 22.28.010 Changeable copy signs. 10 A changeable copy sign that does not contain any flashing lights or brilliant or reflected 11 light is allowed in the C-2, RR, IB and APS districts only, so long as the total sign area of all 12 changeable copy signs on the parcel is not more than the following: 13 (a)Fifteen(15) square feet or twenty percent (20%) of the maximum total sign area 14 allowed, whichever is less, if the lettering or graphics are movable only by hand; or 15 (b) Six (6) square feet or twenty percent (20%) of the maximum sign area allowed, 16 whichever is less, if some or all of the lettering or graphics are movable mechanically or 17 electronically. 18 19 Chapter 22.30 20 COMBINATION SIGNS 21 Sections: 22.30.010 General requirements. 22 23 22.30.010 General requirements. 24 Combination signs are signs which have features or characteristics normally found in 25 signs of more than one classification, and shall meet all the requirements for construction, height, 26 location, supports, illumination or other specifications for each archetype. Where different 27 standards are specified for the archetypes, the more restrictive shall apply. 28 48 I 2 Chapter 22.32 3 EXEMPT SIGNS 4 Sections: 22.32.010 Exempt signs. 5 22.32.020 Signs required by law. 22.32.030 Signs integrated into certain devices. 6 22.32.040 Signs not visible from right-of-way. 22.32.050 Signs carried by persons. 7 22.32.060 "For Sale" or "For Rent" signs. 22.32.070 Window signs. 8 22.32.080 Directional signs. 22.32.090 Flags. 9 10 22.32.010 Exempt signs. 11 Those classes of signs designated in the following sections of this chapter may be erected 12 and maintained in the city without the obtaining of a building permit or sign permit and without 13 the payment of fees;provided,however, all exempt signs are subject to the provisions of chapter 14 22.08. In computing the total maximum sign area on any building or parcel for purposes of this 15 title, the face area of exempted signs shall not be included. 16 17 22.32.020 Signs required by law. 18 Signs required by law, including but not limited to signs for essential public services 19 including traffic, fire and police signs, signals, devices and markings of the state, the city, and 20 any other component government authorities; signs of public utility or service companies 21 including signs showing the placement or location of public utility facilities; and trespass and 22 warning signs, are exempt. 23 24 22.32.030 Signs integrated into certain devices. 25 Any sign integrated into or on a coin-operated machine, vending machine, gasoline pump, 26 or telephone booth are exempt. 27 28 H 49 1 22.32.040 Signs not visible from right-of-way. —� 2 Any sign that cannot be viewed from a public right-of-way is exempt. 3 4 22.32.050 Signs carried by persons. 5 Any sign carried by a person is exempt, so long as it does not obstruct the use of any 6 public right-of-way. 7 8 22.32.060 "For Sale" or"For Rent" signs. 9 Signs pertaining to the sale, exchange, lease or rental of the real property on which the 10 sign is located e, subject to such signs not exceeding three(3) square feet in single face area in 11 any R zoning district or not exceeding nine square feet in single face area in any other 12 (Commercial or Manufacturing) zoning district shall be exempt. Not more than one such sign 13 may be placed on any lot or parcel of land except that two such signs may be placed on any 14 corner lot or parcel, one such sign facing each of the abutting streets. 15 16 22.32.070 Window signs. 17 A premises, or an occupant of a shopping center or multiuse building, may display 18 window signs not to exceed 25 per cent of the window area of the facade of the building. 19 20 22.32.080 Directional signs. 21 A premises may display one directional sign at each entrance or exit not more than four 22 (4) square feet. 23 24 22.32.090 Flags. 25 (a) Flags shall be permitted within the following limitations: 26 (1) The flag shall be of flexible material,typically cloth, paper or plastic, and shall not 27 include those painted on or otherwise erected or attached to any structure, and shall be flown 28 from a flag pole pursuant to this section. -� 50 1 (2) No more than three flags shall be permitted per parcel. 2 (3) No flag pole shall exceed thirty-five (35) feet in height above grade. 3 (4) No flag shall exceed a vertical dimension of five (5) feet nor a horizontal dimension 4 of eight (8) feet. 5 (5) No flag pole shall be closer than fifteen (15) feet to any property line. 6 (b) Each flag flown shall be either a noncommercial sign or a sign directly related to a 7 service or business offered on the property on which the flag is being flown. 8 (c) Bunting,pennants and streamers shall only be permitted in the C-2, Subarea D "Auto 9 Row" area and the RR, Adrian Road Auto Row Overlay area. It is recognized that these areas 10 have special historic and community significance and have and should maintain a special 11 character different from other commercial areas. To support this objective, the area shall be 12 allowed to display bunting, pennants and streamers typically associated with automobile sales. 13 (d) Decorative flags as defined in chapter 25.08, whether temporary or permanent, may 14 be displayed when attached to light poles in a parking area in the C-1, CR, and C-2 zoning 15 districts,provided that it does not contain any commercial message, logo or symbol. Each 16 decorative flag may not exceed eight (8) square feet in area, and there shall be no more than one 17 decorative flag per 100 square feet of public parking area. The lowest portion of the decorative 18 flag shall be a minimum of ten(10) feet above adjacent grade. 19 20 21 Chapter 22.34 22 FREESTANDING SIGNS 23 Sections: 22.34.010 Where permitted. 24 22.34.020 Size and height regulations. 22.34.030 Materials. 25 26 22.34.010 Where permitted. 27 As defined in Chapter 22.04, freestanding signs include both monument signs and pole 28 signs. 51 I (a) Monument signs are allowed in the R-3, R-4, C-1, CR, C-2, ECN, TW, SL, AA, -� 2 APN, RR, IB, and APS zoning districts as outlined in the Chapter for each district. 3 (b) Pole signs are only allowed on certain street frontages in the C-2, IB, RR, and APS 4 zoning districts. 5 6 22.34.020 Size and height regulations. 7 Freestanding signs shall comply with and not exceed the size and height regulations 8 contained in the chapters for each of the above zoning districts. 9 10 22.34.030 Materials. 11 (a) Monument signs shall be constructed on a solid foundation in accordance with titles 12 17 and 18 of this code . A monument sign shall be designed so that the style and materials of the 13 sign and its base are consistent with the architecture of the building(s) on the site. 14 (b) Pole signs shall be shall be constructed in accordance with titles 17 and 18 of this 15 code and attached to one or two (2) support poles or posts which shall each have a minimum 16 diameter of twelve (12) inches. 17 18 Chapter 22.36 19 NONCOMMERCIAL SIGNS AND MESSAGES 20 Sections: 22.36.010 Noncommercial signs and messages. 21 22.36.020 Noncommercial signs in residential districts. 22 22.36.010 Noncommercial signs and messages. 23 Any sign that can be displayed under the provisions of this ordinance may contain a 24 noncommercial message. 25 26 22.36.020 Noncommercial signs in residential districts. 27 In R-1, R-2,R-3, and R-4 districts and without a sign permit, noncommercial signs no 28 larger individually than eight(8) square feet and totaling not more than sixty(60) square feet may 52 I be placed on a parcel in addition to the other signage that may be allowed pursuant to this code. 2 This provision is intended to allow reasonable noncommercial expression in residential districts 3 where signage has been restricted because of the need to protect the character and value of the 4 residential districts. 5 6 Chapter 22.38 7 NONCONFORMING SIGNS 8 Sections: 22.38.010 Change and modification. 9 22.38.020 Maintenance. 22.38.030 Removal. 10 11 22.38.010 Change and modification. 12 A nonconforming sign or sign structure shall be brought into conformity with this 13 ordinance if it is altered,reconstructed,replaced, or relocated. A change in copy is not an 14 alteration or replacement for purposes of this subsection. 15 16 22.38.020 Maintenance. 17 Nonconforming signs must be maintained in good condition. Maintenance required by 18 this section shall include replacing or repairing of worn or damaged parts of a sign or sign 19 structure in order to return it to its original state, and is not considered to be a change or 20 modification prohibited by section 22.38.010. 21 22 22.38.030 Removal. 23 Removal of a nonconforming sign, or replacement of a nonconforming sign with a 24 conforming sign is required when: 25 (a) A nonconforming sign, or a substantial part of a nonconforming sign, is blown down, 26 destroyed, or for any reason or by any means taken down, altered, or removed. As used in this 27 subsection, "substantial" means fifty(50)percent or more of the entire sign structure; or 28 (b) The condition of the nonconforming sign or nonconforming sign structure has 53 I deteriorated and the cost of restoration of the sign to its condition immediately prior to such -� 2 deterioration exceeds fifty percent (50%) of the value of the sign or sign structure prior to its 3 deterioration; or 4 (c) The use of the nonconforming sign, or the property on which it is located, has ceased, 5 become vacant, or been unoccupied for a period of one hundred-eighty(180) consecutive days or 6 more. 7 8 Chapter 22.40 9 PROHIBITED SIGNS 10 Sections: 22.40.010 Prohibited signs. 11 22.40.020 Signs which conflict with traffic control. 22.40.030 Signs on public right-of-way. 12 22.40.040 Off-premises advertising. 22.40.050 Portable signs. 13 22.40.060 Roof signs, above-roof signs and sky signs. 22.40.070 Signs on vehicles. 14 22.40.080 Moving signs. 15 22.40.010 Prohibited signs. 16 Those classes of signs designated in the following sections of this chapter are expressly 17 prohibited, and shall not be erected in any zoning district. 18 19 22.40.020 Signs which conflict with traffic control. 20 Signs which by color, location, or design resemble or conflict with traffic control signs or signals 21 are prohibited (see also Section 22.08.040). 22 23 22.40.030 Signs on public right-of-way. 24 (a) Except as otherwise allowed under this section, signs, A-boards and advertising 25 structures,placed upon or attached to the ground upon any portion of any public street, sidewalk, 26 or right-of-way, including signs attached to light poles or standards, are prohibited. 27 (b) Newspaper vending machines are allowed under chapter 12.23. 28 (c) Signs required by law allowed under sections 22.32.020 and signs and banners of a 54 I civic nature allowed under section 22.46.060 may be erected and maintained if they comply with 2 the requirements of the code. 3 (d) Figures are allowed under the provisions of section 22.46.050. 4 5 22.40.040 Off-premises advertising. 6 Signs carrying the advertising of a person,product or service other than that of the 7 occupant of the parcel on which the sign is placed are prohibited; signs are permitted only to the 8 actual occupant of the parcel upon which the sign is displayed during the period of occupancy. 9 10 22.40.050 Portable signs. 11 Portable signs are prohibited. 12 13 22.40.060 Roof signs, above-roof signs and sky signs. 14 Roof signs, above-roof signs and sky signs are prohibited. 15 16 22.40.070 Signs on vehicles. 17 (a) No person shall park any vehicle on public property and place signs on the vehicle 18 when the dominant purpose or use of the vehicle is to be a sign. 19 (b) If a person parks any vehicle on private property and places signs on the vehicle with 20 the dominant purpose or use of the vehicle is to be a sign, the placement of the vehicle shall 21 require a sign permit and the square footage of the signage on the vehicle shall be counted toward 22 the allowance for the property on which the vehicle is parked. 23 24 22.40.080 Moving signs. 25 Any sign is prohibited if all or part of it moves or rotates. 26 27 22.40.090 Signs with flashing lights. 28 Any sign with animated,moving or flashing lights, or any sign which,because of flashing 55 I lights, brilliant lighting or reflected light, is a detriment to surrounding properties or prevents the 2 peaceful enjoyment of residential uses, is prohibited. 3 4 Chapter 22.42 5 PROJECTING SIGNS 6 Sections: 22.42.010 Where permitted. 7 22.42.020 Size and height of projecting signs. 22.42.030 Projection into the public right-of-way. 8 9 22.42.010 Where permitted. 10 A premises, and each occupant of a shopping center or multi-use building, may display 11 one projecting sign on each street frontage in the following zoning districts: C-1, CR, C-2, ECN, 12 TW, SL, AA, APN, RR, IB and APS, and in accordance with the size and number regulations 13 contained in the sign code chapter regulating that district. 14 15 22.42.020 Size and height of projecting signs. 16 (a) Projecting signs shall comply with the size regulations established in the sign code 17 chapter regulating that district. 18 (b) Projecting signs shall not project above twenty-four(24)feet in height or the roofline, 19 whichever is lower. 20 21 22.42.030 Projection into the public right-of-way. 22 (a) There shall be a minimum vertical clearance of eight(8) feet from the bottom of the 23 sign or its supporting structure to the surface of the ground or sidewalk below. 24 (b) A projecting sign may project no more than four(4) feet into the public right-of-way. 25 (c) A projecting sign may not extend within three (3) feet of any portion of a public 26 right-of-way used principally for vehicular traffic. 27 28 56 I Chapter 22.44 2 PROPERTIES WITH NONCONFORMING USES 3 Sections: 22.44.010 General requirements. 4 5 22.44.010 General requirements. 6 Where a legal nonconforming use exists, any signs to be erected shall require application 7 to and approval by the planning commission. The number of signs permitted on the building or 8 parcel, the size and nature thereof and their location on the property shall be determined by the 9 provisions of this code applicable to such property as if it were classified for the actual use then 10 existing; however, the commission may modify such standards if it is determined that the use or 11 condition of adjacent parcels makes such standards inappropriate because the illumination, 12 location or size of the signage would unreasonably interfere with the quiet enjoyment and use of 13 one or more adjacent parcels. 14 15 Chapter 22.46 16 SPECIAL SIGNS 17 Sections: 22.46.010 Temporary signs. 18 22.46.020 Figures. 22.46.030 Signs and banners of a civic nature. 19 20 22.46.010 Temporary signs. 21 The director of community development is authorized to grant permits for a premises, or 22 an occupant of a shopping center or multi-use building to display one temporary sign,not 23 exceeding twenty(20) square feet in area or eight feet in height, for no more than thirty(30) days 24 during any twelve (12) consecutive calendar months. 25 26 22.46.020 Figures. 27 Figures may be placed pursuant to a revocable encroachment permit on a public sidewalk 28 in the area fronting to property on which the tenant's owned or leased space is located in Subarea 57 I A of the Burlingame Avenue Commercial Area. Refer to chapter 12.10, Encroachment Permits, 2 for definition of figures and process for obtaining an encroachment permit. 3 4 22.46.030 Signs and banners of a civic nature. 5 The city manager or the manager's designee may, upon written application to the 6 manager, issue administrative sign permits for temporary signs and banners announcing a 7 community event sponsored by a charitable or educational group in the city at no more than two 8 (2)places in the city. The city manager shall,prior to issuance of a permit, require 9 recommendations regarding matters of safety, construction and location from applicable city 10 departments, and shall ensure that all the following conditions are fulfilled: 11 (a) Each sign is required for the convenience or safety of the public; 12 (b) Each sign is directly related to an event that is clearly of a noncommercial nature 13 directly related to the city; (c) Each sign is of a temporary nature, and not to remain up longer 14 than fourteen(14) consecutive days in any twelve (12) month period; and 15 (d) Insurance in the amount set by the city attorney for such permits be provided. 16 17 Chapter 22.48 18 WALL SIGNS 19 Sections: 22.48.010 Where permitted. 20 22.48.020 Signable area designation. 22.48.030 Number. 21 22 22.48.010 Where permitted. 23 In all zoning districts, a premises, and each occupant of a shopping center or multiuse 24 building, may display wall signs on walls adjacent to each street, public right-of-way or private 25 parking lot on which it has frontage in accordance with the height and area requirements of the 26 zoning district or planning subarea. 27 28 58 1 22.48.020 Signable area. 2 (a) Wall signs shall only be erected within areas that are signable area as defined in 3 chapter 22.04. The maximum area of the signage allowed is restricted by the total sign area 4 designated for each frontage in each zoning district. The signable area(s) on each facade of the 5 building that has frontage on a public street, right-of-way or parking lot shall be an area of the 6 building facade which does not contain architectural features and windows. 7 (b) Sign area shall not exceed a maximum of eighty percent (80%) of the signable area, 8 and in no event shall the sign area be greater than the maximum sign area specified by this title 9 for the zoning district in which the parcel is located. 10 11 22.48.030 Number and height. 12 Wall signs may be displayed as one or divided among two or more wall signs. Height is 13 determined by the height of the signable area of the building fagade. 14 15 22.48040 Additional limitations. 16 Wall signs may be painted on or attached to the wall, but must not project from the wall 17 by more than twelve(12) inches and must not interrupt architectural details. 18 19 Section 3. This ordinance shall be published as required by State law. 20 21 Mayor 22 23 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the 24 foregoing ordinance was introduced at a meeting of the City Council held on the_day of 25 , 2007, and adopted thereafter at a regular meeting of the City Council held on the 26 day of , 2007, by the following vote: 27 AYES: COUNCILMEMBERS: 28 NOES: COUNCILMEMBERS: 59 I ABSENT: COUNCILMEMBERS: 2 3 City Clerk 4 5 U:\FILES\Planning\Signs\SignCoderevisioncleanup.wpd 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 60 M-CITY AGENDA 6c ITEM# STAFF REPORTMTG. DATE 5/7/2007 TO: Honorable Mayor and Council SUBMITTE ' BYE DATE: April 17, 2007 APPROVE FROM: Larry E. Anderson, City Attorney BY SUBJECT: ADOPT ORDINANCE ESTABLISHING THE COMMUNITY DEVELOPMENT DEPARTMENT AND MAKING CONFORMING CHANGES TO THE MUNICIPAL CODE RECOMMENDATION: Adopt ordinance to establish community development department and request the City Clerk to publish a summary of the ordinance within fifteen days of adoption. DISCUSSION: The City Manager has proposed reorganizing the City's oversight of land use in the City by moving the building division from the Public Works Department to a new Community Development Department, which would also include Planning. The position of City Planner would become the Director of Community Development, managing both building and planning divisions. The ordinance would make these changes in the Municipal Code. The ordinance was introduced at the April 16 meeting and further reading was waived at that time. Attachment Proposed Ordinance Distribution City Planner Human Resources Director 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF BURLINGAME ESTABLISHING THE COMMUNITY DEVELOPMENT DEPARTMENT AND MAKING CONFORMING 3 CHANGES TO THE MUNICIPAL CODE 4 5 The City Council of the City of Burlingame ordains as follows: 6 Section 1. This ordinance reorganizes the functions of planning and building in the City 7 by placing the two functions, which will now be divisions, in a community development 8 department for oversight and administration. 9 10 Section 2. Chapter 3.21 is amended to read as follows: 11 Chapter 3.21 12 DIRECTOR OF COMMUNITY DEVELOPMENT 13 3.2 1.010 Department established. 14 The community development department is created and established. 15 3.21.020 Office established. 16 The office of director of community development is created and established. 17 3.21.030 Appointment and removal. 18 The director of community development shall be appointed, and may be removed, by the 19 city manager. 20 3.21.040 Powers and duties. 21 The director of community development shall be head of the community development 22 department, consisting of planning and building divisions, and shall be responsible for all phases 23 of planning and zoning. The director of community development shall administer title 25 24 (Zoning) of this code and shall: 25 (a) Enforce the provisions of title 25 (Zoning) of this code; 26 (b) Establish, with the approval of the city council and the city manager, and administer. 27 rules for the conduct of the planning division; 28 (c) Maintain records of documents and proceedings under title 25; 1 1 (d) Perform necessary research and planning studies and prepare reports for the planning 2 commission and the city council; 3 (e) Provide and maintain a continuing program of education and public information on 4 planning and zoning matters; 5 (f) Conduct such inspections of buildings, structures and use of land as are necessary to 6 determine compliance with the terms of title 25; 7 (g) Receive, review and transmit to the planning commission all applications for 8 variances, conditional use permits, special permits, amendments, environmental determinations 9 and other matters on which the commission is authorized to act under the provisions of this code; 10 (h) Review all applications for building permits and business licenses to determine 1 I whether a proposed building or structure, or use, or business is in compliance with title 25. 12 (i) Initiate review of the provisions of title 25 and report to the planning commission 13 proposed amendments, supplements, changes or repeal of the whole or any portion of title 25; 14 0) Guide and coordinate the physical development and redevelopment of the city 15 consistent with approved policies and the adopted general plan; seek to conserve the values of 16 property throughout the city and to protect the character and stability of residential, commercial 17 and manufacturing areas, and to promote the orderly and beneficial development of such areas 18 and to improve the quality of life for all people in the city; 19 (k) Maintain the general plan as an active policy guide by the preparation of additional 20 elements and periodically review and report on possible changes or amendments to the general 21 plan; 22 (1) Assist in preparing a capital improvement program to implement city council policies 23 and the general plan; and 24 (m) Perform other professional services necessary to carry out the provisions of the State 25 Planning and Zoning Law as the same may be amended from time to time. 26 (n) Have overall management responsibility for the conduct and operations of the 27 building division. 28 2 I Section 2A. Subsection 3.20.010(b) is amended to read as follows: 2 (b) The director shall also be the supervisor and director of all divisions of public works 3 in the city, specified as follows: 4 (1) The director shall have supervision and direction of all work relating to grading, 5 paving, cleaning, lighting and repairing of streets and sidewalks; the building and repairing of 6 streets and sidewalks; the building and repairing of sewer and storm drains; the disposal of 7 sewage, garbage and rubbish. The director shall also act as the superintendent of streets of the 8 city. 9 (2) The director shall have supervision and control of all work in connection with and 10 relating to the water division of the city. 11 (3) The director shall be the custodian of all city maps, plans,profiles, field notes and 12 other city records appertaining to the director's office with the indices thereof, and shall turn 13 them over to the director's successor who shall give a duplicate receipt therefor, one of which 14 shall be filed with the city clerk. 15 16 Section 3. Subsection 6.16.150(b) is amended to read as follows: 17 (b) The premises within which the entertainment business is located shall provide 18 sufficient sound-absorbing insulation so that noise generated inside the premises shall not be 19 audible anywhere on any adjacent property or public right-of-way or within any other building or 20 other separate unit within the same building and comply with all applicable city noise 21 regulations. The establishment shall measure the current twenty-four(24)hour ambient noise 22 levels (L,o) at the exterior of the property along the public right-of-way using a methodology 23 approved by the director of community development before opening for business. Upon request 24 by the city, the establishment shall conduct noise measurements to determine whether the noise 25 from the establishment is exceeding the five (5) dBA standard for increases in noise from the 26 baseline as provided in the Burlingame General Plan, and shall report the measurements to the 27 city, and the establishment shall ensure that the five (5) dBA standard is not exceeded. 28 1 Section 4. Section 6.16.200 is amended to read as follows: 2 6.16.200 Inspections. 3 An applicant or permittee shall permit representatives of the police department, health 4 department, fire department, community development department, or other city departments to 5 inspect the premises of an entertainment business for the purpose of insuring compliance with the 6 law and the development and performance standards applicable to entertainment businesses, at 7 any time it is occupied or opened for business. A person who operates an entertainment business 8 or his or her agent or employee is in violation of the provisions of this section if he or she refuses 9 to permit such lawful inspection of the premises at any time it is occupied or open for business. i 10 11 Section 5. Subsections 6.40.060(b) and (c) are amended as follows: 12 (b) Upon receipt of a complete operator's application, the license collector shall refer the 13 application to the director of community development, building official, the fire department and 14 the police department, each of which within a period of thirty(30) days from the date of filing the 15 application shall inspect the premises proposed to be used as a massage establishment, interview 16 the applicant or any other person and make any other investigation necessary to make a written 17 recommendation to the police department; provided that the thirty(30) days may be extended for 18 such period as may be necessary to obtain fingerprint records from the appropriate state agency. 19 (c) Applications for massage practitioner permits shall be referred only to the police and 20 community development departments. The community development department shall provide its 21 findings to the police department within thirty(30) days of the filing of a complete application. 22 23 Section 6. Section 6.41.040 is amended to read as follows: 24 6.41.040 Permit fee and investigation. 25 All applications for initial permits shall be accompanied by an investigation fee in the 26 sum of one hundred fifty dollars ($150.00) , no part of which shall be refundable. Additional fees 27 may be charged to cover costs of processing the applicant's fingerprints by the State of 28 California. Upon receipt of an operator's application, the license collector shall refer the 4 I application to the director of community development, building official, the fire department, the 2 police department and health officer, each of which within a period of thirty(30) days from the 3 date of filing the application shall inspect the premises proposed to be used as a model studio and 4 shall make a written recommendation to the police department provided that said thirty(30) days 5 may be extended for such period as may be necessary to obtain fingerprint records from the 6 appropriate state agency. Escort applications shall only be referred to the police department. 7 8 Section 7. Section 6.42.060 is amended to read as follows: 9 6.42.060 Permit fee and investigation. 10 All applications for initial permits shall be accompanied by an investigation fee in the 11 sum of one hundred fifty dollars ($150.00), no part of which is refundable. Additional fees may 12 be charged to cover costs of processing the applicant's fingerprints by the State of California. 13 Upon receipt of an operator's application, the license collector shall refer the application to the 14 director of community development, building official, the fire department and the police 15 department, each of which within a period of thirty(30) days from the date of filing the 16 application shall inspect the premises proposed to be used as a tanning facility, interview the 17 applicant or any other person and make any other investigation necessary to make a written 18 recommendation to the police department,provided that said thirty(30) days may be extended 19 for such period as may be necessary to obtain fingerprint records from the appropriate state 20 agency. Employee applications shall be referred only to the police department. 21 22 Section 8. Section 10.58.090 is amended to read as follows: 23 10.5 8.090 Inspection. 24 An applicant or permittee shall permit representatives of the police department, health 25 department, fire department, community development department, or other city departments or 26 state or county agencies to inspect the premises of an adult-oriented business for the purpose of 27 insuring compliance with the law and the development and performance standards applicable to 28 adult-oriented business, at any time it is occupied or opened for business. A person who operates 5 I an adult-oriented business or the business's agent or employee is in violation of the provisions of 2 this section if permission for such lawful inspection of the premises is refused at any time it is 3 occupied or open for business. 4 5 Section 9. Section 18.18.040 is amended to read as follows: 6 18.18.040 Antenna exception. 7 (a) Any person may apply for an exception from the antenna ordinance by applying for 8 an antenna exception in accordance with the provisions of this section. 9 (b) Application for an antenna exception shall be made upon forms provided by the 10 director of community development and shall include the following information: 11 (1) Name, address and telephone number of the applicant; 12 (2) Address and zoning district of the property on which the antenna is to be attached or 13 erected; 14 (3) Description of the proposed antenna, including location, height and width or 15 diameter, and general description of the proposed installation. 16 (4) Description of any existing antenna, including location, height and width or 17 diameter. 18 (5) Site plan which shall include the dimensions of the property, setbacks, and location 19 1 of the proposed antenna and all structures, including any existing antennas. 20 (c) When the application requests an exception for a satellite antenna, the applicant shall 21 provide the following additional information, in addition to the information required pursuant to 22 subsection(b) of this section: 23 (1) The applicable circumstances and conditions existing on the property which 24 materially limit transmission or reception if the antenna is placed according to the standards in 25 section 18.18.025(b). 26 (2) Locations on the property where the antenna can be located so that satellite signals 27 can reasonably be received, including both placement and height. The director of community 28 development, planning commission or city council shall have discretion to require the applicant 6 I to submit a site study, prepared at the applicant's cost, identifying the locations where an antenna 2 can be installed without materially limiting transmission. 3 (3) The cost of purchase and cost of proposed installation of the proposed antenna. 4 (4) The cost of trimming trees or removing other obstacles to reception at locations that 5 meet the standards set forth in Section 18.18.025(b). 6 (5) Ways in which vegetation could be planted or trimmed to both provide screening and 7 maintain a line of sight to satellites. 8 (d) When the applicant requests an exception for a ham or CB antenna, the applicant 9 shall provide the following additional information, in addition to the information required 10 pursuant to subsection(b) of this section: 11 (1) The location and design of an antenna that will reasonably accommodate the 12 amateur's right to engage in ham radio transmissions while having the least visual intrusion on 13 the surrounding properties. 14 (2) The nature and extent of amateur communications in which the applicant engages, 15 including time, duration, places contacted and so forth. 16 (3) The director of community development,planning commission, or city council shall 17 have discretion to require the applicant to submit a site reception study,prepared at the 18 applicant's cost, to identify the locations and design of the antenna that will have the least visual 19 impact on surrounding properties, maximize public safety, and reasonably accommodate the 20 applicant's right to engage in amateur communications. 21 (e) When the applicant requests an exception for an antenna, other than a satellite, ham 22 or CB antenna, the applicant shall provide, in addition to the information required pursuant to 23 subsection(b) of this section, any other information relating to antenna configuration, network 24 design and site selection which affects the aesthetic impact of the antenna: 25 (f) The director of community development shall charge a fee for an antenna exception 26 which shall be established by resolution of the city council. 27 28 Section 10. Subsection 25.16.140(b)(2) is amended to read as follows: 7 1 (2) That the proposed action will be taken by the director of community development 2 unless a hearing before the planning commission is requested within fifteen (15) days after the 3 date of said notice. If no response is received, the director of community development shall 4 forthwith revoke, suspend or modify the variance or permit as set forth in said notice. 5 6 Section 11. Section 25.16.145 is amended to read as follows: 7 25.16.145 Ambiguity of use. 8 If any ambiguity arises concerning the appropriate classification of a particular use within 9 the meaning and intent of this title, any person may apply to the director of community 10 development for a determination of the ambiguity, and the director's determination shall be 11 subject to appeal pursuant to this chapter. 12 13 Section 12. Section 25.16.150 is amended to read as follows: 14 25.16.150 Request for determination of city planner's decision. 15 Any applicant or citizen may request that a determination made by the director of 16 community development regarding interpretation of the zoning ordinance and/or code 17 enforcement be appealed to the planning commission within ten(10) working days of the 18 director's decision. Such determination shall not require a public notice, but shall have a public 19 hearing. The planning commission's decision on any determination shall be the final action on 20 the determination. The decision of the planning commission may be appealed by any interested 21 person to the city council within the same time and in the same manner as provided in sections 22 25.16.070 through 25.16.090. 23 24 Section 13. Section 25.20.040 is amended to read as follows: 25 25.20.040 Permit for temporary tract sales office or other temporary buildings. 26 The director of community development may issue a permit for the construction or 27 maintenance of a temporary tract office for the sale of real estate or for temporary buildings, tents 28 or structures other than construction storage facilities as described in Section 25.20.030 above. 8 1 Application for such permit shall be made in writing, shall state the date of installation and 2 removal, shall include a site plan showing the location, size, construction material and covering 3 of the temporary structure, parking layout and parking displacement, if any, and floor plan layout 4 noting exiting. All proposed structures must be approved by the building division and fire 5 department. The permit may be granted or denied by the director of community development 6 without notice or after such notice as he or she may determine. No permit shall be issued by the 7 director of community development for more than maximum of thirty(30) days. The director of 8 community development may grant one extension of thirty(30) days. The director of community 9 development's decision may be appealed to the planning commission. A fee determined by the 10 city council shall be charged for the filing of an application for such permit. A permit for the 11 construction or maintenance of such temporary building or structure shall state the date on or 12 before which such building or structure shall be removed together with such other conditions as 13 the director of community development shall fix and determine. 14 15 Section 14. Subsection 25.36.042(f) is amended to read as follows: 16 (f) Review of Number of Food Establishment. When the total number of food 17 establishments in the Burlingame Avenue Commercial Area drops below forty (40) for a period 18 of more than twelve (12) consecutive months, the director of community development shall 19 report this to the planning commission and city council. 20 21 Section 15. Subsection 25.44.1 00(a)(4) is amended to read as follows: 22 (4) A landscaping plan and specifications, including irrigation, shall be submitted for 23 approval by the city arborist when construction plans are submitted to the building division for a 24 building permit. 25 26 Section 16. Subsection 25.45.080(a)(2) is amended to read as follows: 27 (2) In addition, employee parking shall be provided on-site or within reasonable 28 proximity, in the judgment of the director of community development, at the rate of one car space 9 1 for each one thousand (1,000) square feet of gross floor area. 2 3 Section 17. Subsection 25.47.080(a)(1)(B) is amended to read as follows: 4 (B) In addition, employee parking shall be provided on-site or within reasonable 5 proximity, in the judgment of the director of community development, at the rate of one car space 6 for each one thousand (1,000) square feet of gross floor area; 7 8 Section 18. Subsection 25.48.080(a)(1)(B) is amended to read as follows: 9 (B) In addition, employee parking shall be provided on-site or within reasonable 10 proximity, in the judgment of the director of community development, at the rate of one car space 11 for each one thousand(1,000) square feet of gross floor area; 12 13 Section 19. Section 25.50.025 is amended to read as follows: 14 25.50.025 Expansion of nonconforming uses—R-1 zone. 15 (a) This section shall only be applicable to R-1 zoned parcels which contain two (2) 16 detached nonconforming residential units. Only the primary residence, as determined by the 17 director of community development, may be increased in footprint or in any exterior dimension if 18 the secondary detached unit is to be retained as a residential unit. A conditional use permit 19 pursuant to Chapter 25.16 shall be required for any such increase to a primary unit. Only 20 maintenance and repairs as defined by the Uniform Building Code may be made to any secondary 21 dwelling unit. The floor area or footprint of such a secondary unit shall not be expanded. 22 (b) Factors for determining the primary residence shall include, but not be limited to, 23 relative age, size and conformity with zoning requirements of the two (2) residences. The 24 property owner may request that the planning commission review any such determination by the 25 director of community development. 26 27 Section 20. Section 25.55.020 is amended to read as follows: 28 25.55.020 Granting a minor modification. 10 1 Upon application of the property owner the director of community development may grant no 2 more than two (2) minor modifications and shall make the findings required by section 25.54.020 3 for variances; a public hearing shall not be required. An application which includes more than 4 two (2) minor modifications or which also includes a variance, conditional use permit, or special 5 permit shall be processed pursuant to chapter 25.16. 6 7 Section 21. Section 25.55.030 is amended to read as follows: 8 25.55.030 Public notice for minor modification. 9 Notice of approval of minor modifications shall be mailed by the director of community 10 development to owners of property within one hundred(100) feet of the exterior boundaries of 11 the subject property. The property owners shall be informed of their right of appeal. 12 13 Section 22. Section 25.55.040 is amended to read as follows: 14 25.55.040 Appeals of minor modification determinations. 15 Appeals from the decision of the director of community development shall be made to the 16 planning commission within seven(7) days after the public notice of the action of the director of 17 community development is mailed. Any member of the planning commission or council may 18 request a review of a minor modification by making such request to the director of community 19 development within seven(7) days of the date of mailing of the public notice. Upon receipt of an 20 appeal, or a request for review by a commissioner or council member, the director of community 21 development shall forward the records on the matter to the planning commission at the earliest 22 available date and cause notice of such hearing to be given as set forth in chapter 25.16. The 23 planning commission shall consider the matter in the same manner as an application for a 24 variance. The decision of the director of community development shall be final seven(7) days 25 after the mailing of the public notice of the director of community development's action, if no 26 appeal is filed by any person or if no council member or commissioner requests review of the 27 decision within that time. 28 11 I Section 23. Section 25.57.020 is amended to read as follows: 2 25.57.020 Design review panel. 3 (a) With the approval of the planning commission, the director of community 4 development shall appoint one or more design professionals to advise the director of community 5 development and the planning commission on applications in R-1 districts made under this 6 chapter. The panel appointees shall be persons in the business of residential design who have 7 practiced their design profession involving residential designs in the city and who are willing to 8 contract with the city to provide advisory services under this chapter. 9 (b) For applications in the C-1 and C-2 districts, with the approval of the planning 10 commission, the director of community development shall appoint one or more design 11 professionals who shall be persons in the business of commercial design and who are willing to 12 contract with the city to provide advisory services under this chapter. 13 14 Section 24. Subsection 25.57.030(a) is amended to read as follows: 15 (a) Any person seeking approval of construction to be reviewed under this chapter shall 16 submit an application for design review to the director of community development in the same 17 form and containing the same signatures as provided in section 25.16.040 of this title. The 18 schematic design plans submitted with the application shall demonstrate the architectural details 19 of the proposal, and in the case of an addition, of the existing structure and the addition. 20 21 Section 25. Subsection 25.57.030(c) is amended to read as follows: 22 (c) If the commission instead refers the application for further design review, the plans 23 submitted shall be referred by the director of community development on a random basis to the 24 appointee professional described above for review and comment. The appointee's analysis shall 25 be forwarded to the planning commission. 26 27 Section 26. Section 25.59.040 is amended to read as follows: 28 25.59.040 Procedure. 12 I (a) Any person owning a secondary dwelling unit that was built as a dwelling unit not 2 later than December 31, 1953, and that has been in substantially the same use and envelope since 3 that time may apply to the city, for a special permit to legalize the existence, use, and occupancy 4 of the secondary dwelling unit pursuant to this chapter. 5 (b) Applications for such a special permit shall be in writing and filed with the director 6 of community development on a form approved by the director of community development. In 7 addition to the requirements for such an application, the application shall contain a declaration 8 under penalty of perjury detailing the history of the secondary dwelling unit demonstrating that it 9 was built before January 1, 1954, and that since that time, it has been used as a dwelling unit in 10 the same size and configuration as shown in the application. 11 (c) As established by council resolution, a fee will be charged for an application for a 12 a special permit under this chapter. 13 (d) Upon application for a special permit pursuant to this chapter,the director of 14 community development will review the application and determine if all of the information 15 required has been provided. If the application meets all of the requirements of this chapter,the 16 director of community development shall approve the application with those conditions 17 necessary to ensure conformance with this chapter. If the application does not meet all of the 18 requirements of this chapter, the director of community development shall deny the application. 19 (e) Notice of approval of a special permit pursuant to this chapter shall be mailed by the 20 director of community development to owners of property within one hundred(100) feet of the 21 exterior boundaries of the subject property, with information regarding the right to appeal the 22 decision of the director of community development. 23 24 Section 27. Section 25.59.040 is amended to read as follows: 25 25.59.050 Appeals. 26 (a) Appeals from the decision of the director of community development shall be made 27 in writing to the planning commission within seven(7) days after the public notice of the 28 decision of the director of community development is mailed. Any member of the planning 13 W i I commission or the city council may request.a review of a decision of the director of community 2 development by making such a request to the director of community development within seven 3 (7) days of the date of the mailing of the notice. 4 (b) Upon receipt of an appeal or a request for review, the planning commission will set 5 the application for hearing, and notice of the public hearing will be given as set forth in Chapter 6 25.16. 7 (c) The planning commission shall determine if the application meets the requirements 8 of this chapter. If the application meets all of the requirements of this chapter, the planning 9 commission shall approve the application with those conditions necessary to ensure conformance 10 with this chapter. If the application does not meet all of the requirements of this chapter, the 11 planning commission shall deny the application. 12 (d) The decision of the director of community development shall be final seven (7) days 13 after the mailing of public notice of the director of community development's decision if no 14 appeal in writing has been filed by any person or if no request for review has been made by any 15 planning commission or city councilmember. 16 (e) A decision of the planning commission under this chapter is appealable pursuant to 17 the procedures contained in chapter 25.16. 18 19 Section 28. Section 25.61.040 is amended to read as follows: 20 25.61.040 Procedure when variance, conditional use permit, or special permit not required. 21 If such construction does not require a variance, conditional use permit, or special permit 22 the following procedures shall apply. Upon receipt of a completed application for a hillside area 23 construction permit, the director of community development shall give mailed notice of the 24 application to all owners of property within one hundred (100) feet of the exterior boundaries of 25 the subject property. They shall be informed of their right to request review under section 26 25.61.050. Notice of the application shall also be mailed to the planning commission and city 27 council. 28 14 1 Section 29. Section 25.61.050 is amended to read as follows: 2 25.61.050 Review of application. 3 Any noticed property owner may request review of the application by written request to 4 the director of community development within seven (7) days after the mailing of the notice of 5 application. Review of the application may be requested by any member of the planning 6 commission or council by making such request before the close of the meeting of the legislative 7 body at which the notice is received. Upon receipt of a request for review the director of 8 community development shall thereafter process the application in the same manner as an 9 application for a conditional use permit. Unless review of the application is requested, the 10 hillside area construction permit shall be deemed approved upon the adjournment of the later of 11 the planning commission or city council meeting following notice of the application. 12 13 Section 30. Subsection 25.63.040(b) is amended to read as follows: 14 (b) Design. The design and construction of the affordable dwelling units shall be 15 consistent with general plan standards; compatible with the design, unit layout, and construction 16 of the total project development in terms of appearance, construction materials, unit layout, and 17 finished quality and conform to general plan standards; and consistent with affordable residential 18 development standards that may be prepared by the planning division as adopted by the city 19 council. 20 21 Section 31. Section 25.68.020 is amended to read as follows: 22 25.68.020 Excluded occupations. 23 Except as provided in Section 25.68.025 below, the following occupations and those 24 considered to be of similar character by the director of community development shall be 25 specifically prohibited as home occupations: contractor's office where employees report-or 26 assemble as a part of the job for other than administrative or bookkeeping purposes; barbershop; 27 beauty salon; massage studio; automobile repairing or painting; landscape contractor; clinic; 28 hospital; kennel or other boarding of pets; legal, medical, or dental offices. 15 I Section 32. Section 25.68.025 is amended to read as follows: 2 25.68.025 Limited occupations. 3 The following occupations and those considered to be of similar character by the director 4 of community development may be carried on as home occupation subject to the requirements of 5 section 25.68.010 and the additional limitations set forth hereinafter: accountants, attorneys, 6 investment advisors or brokers,psychic services, insurance and real estate agents. The additional 7 limitations are: 8 (a) The applicant shall be the sole person engaged in the business; 9 (b) There shall be no other employees on-site or off-site; and 10 (c) No clients shall come to the site. 11 12 Section 33. Section 25.68.030 is amended to read as follows: 13 25.68.030 Home occupation permits. 14 No person shall commence or carry on any home occupation, as set forth above, within 15 the city without first having procured a permit from the director of community development. The 16 director of community development shall issue a permit when the applicant shows that the home 17 occupation meets all requirements of section 25.68.010. Every home occupation shall fully 18 comply with all city, county and state codes, ordinances, rules and regulations. 19 20 Section 34. Section 25.68.040 is amended to read as follows: 21 25.68.040 Permit applications—Form and content. 22 Applications for home occupation permits shall be filed, in writing, with the director of 23 community development by the person who intends commencing or carrying on a home 24 occupation. The application shall be upon forms furnished by and in the same manner prescribed 25 by the director of community development. Where the applicant is not the owner of the lot on 26 which the home occupation is proposed to be conducted, the application shall be accompanied by 27 the written consent of the owner or his or her agent. 28 16 I Section 35. Section 25.68.060 is amended to read as follows: 2 25.68.060 Notices and appeals. 3 Within ten (10)working days after the filing of an application for a home occupation 4 permit,the director of community development shall either issue or deny the permit and shall 5 serve notice of such action upon the applicant by mailing a copy of such notice to the applicant at 6 the address appearing on the application. Appeals from the decision of the director of community 7 development may be made to the planning commission within seven(7) days after the action of 8 the director of community development. Upon receipt of an appeal, the director of community 9 development shall forward the same, together with the records on the matter,to the planning 10 commission. The commission shall set the matter for hearing before the planning commission at 11 the earliest available date. 12 13 Section 36. Section 25.68.070 is amended to read as follows: 14 25.68.070 Suspension, revocation and appeals. 15 (a) Any home occupation permit issued pursuant to the provisions of this chapter may be 16 suspended or revoked by the director of community development when it appears that the home 17 occupation authorized by the permit has been or is being conducted: 18 (1) In violation of any conditions of approval or of any city, county and/or state code, 19 ordinance, rule or regulation, including the provisions of this section; 20 (2) In a disorderly manner; 21 (3) To the detriment of the general public; 22 (4) When home occupation being carried on is different from that for which the permit 23 was issued; or 24 (5) The home occupation has not been carried on for more than ninety (90) days. 25 (b) Any home occupation permit which has been issued shall be revoked or suspended 26 by written notice from the director of community development to the holder of the permit. The 27 notice shall contain a brief statement of the grounds for revoking or suspending the permit; such 28 notice shall be sent to the person to be notified at the address appearing on the permit. Appeals to 17 I the planning commission shall be processed as set forth in section 25.16.060. 2 3 Section 37. Section 25.70.042 is amended to read as follows: 4 25.70.042 Requirements of other uses. 5 For uses not listed in the above schedule of required parking, spaces shall be supplied on 6 the same basis as provided for the most similar use, or as determined by the director of 7 community development. For such determination such matters as type of use and user, number of 8 employees, number of visitors and similar factors shall be considered, in any case, where the 9 decision of the director of community development is contested by the applicant, his or her 10 decision may be appealed to the planning commission. The commission may approve, disapprove 11 or modify the decision of the director of community development. 12 13 Section 38. Subsection 26.32.050(b) is amended to read as follows: 14 (b) Specific information concerning the demographic characteristics of the project, 15 including but not limited to the following: 16 (1) Square footage and number of rooms in each unit, 17 (2) Rental rate history for each type of unit for previous two (2)years, 18 (3) Monthly vacancy rate for each month during the preceding two (2)years, 19 (4) Composition of existing tenant households, including household size, length of 20 residence, age of tenants, and whether receiving federal or state rent subsidies or number of 21 employees by tenant and rents charged for commercial, industrial, and office uses; 22 (5) Proposed sales price of units, 23 (6) Proposed homeowners association fee, 24 (7) Proposed financing, and 25 (8) Names and addresses of all tenants. 26 When the developer can conclusively demonstrate that some of this information is not available, 27 this requirement may be modified by the director of community development; 28 18 I Section 39. Subsection 26.32.050(e) is amended to read as follows: 2 (e) Any other information which, in the opinion of the director of community 3 development, will assist in determining whether the proposed project will be consistent with the 4 purposes of this code. 5 6 Section 40. Section 26.32.060 is amended to read as follows: 7 26.32.060 Acceptance of reports. 8 The final form of the site plan, physical elements report and other submitted documents shall 9 be as approved by the city. The reports in their accepted form shall remain on file with the 10 community development department for review by any interested persons. 11 12 Section 41. Subsection 26.32.080(b)(8) is amended to read as follows: 13 (8) Refurbishing and Restoration. All main buildings, structures, fences, patio 14 enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas and additional 15 elements as required by the community development department shall be refurbished and 16 restored as necessary to achieve a high degree of appearance, quality and safety. 17 18 Section 42. Subsection 26.33.060(a) is amended to read as follows: 19 (a) Notice of Intent. A notice of intent to convert shall be delivered to each tenant. The 20 form of notice, shall be on a form prepared by the community development department and shall 21 inform tenants of all rights provided under this section. It shall be mailed or otherwise delivered 22 within five (5) days of filing the application. 23 24 Section 43. This ordinance shall be published as required by State law. 25 26 27 Mayor 28 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the 19 A J I foregoing ordinance was introduced at a regular meeting of the City Council held on the 16`h day 2 of April, 2007, and adopted thereafter at a regular meeting of the City Council held on the 3 day of , 2007, by the following vote: 4 AYES: COUNCILMEMBERS: 5 NOES: COUNCILMEMBERS: 6 ABSENT: COUNCILMEMBERS: 7 City Clerk 8 U:\FILES\Planning\communitydevelopment.ord.wpd 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 If 27 28 20 Agenda Item # 8a Meeting BURLINGAME STAFF REPORT Date. 7 2007 1' SUBMITTED BY APPROVED BY t ' TO: HONORABLE MAYOR AND CITY COUNCIL DATE: April 19, 2007 FROM: PUBLIC WORKS SUBJECT: EUCALYPTUS TREE AT 1800 EASTON DRIVE RECOMMENDATION: It is recommended that the Council review the attached report on the eucalyptus tree root testing as well as the Easton Drive realignment and concur with staff's previous recommendation to replace the tree for safety reasons. BACKGROUND: After a lengthy public process regarding the eucalyptus tree root growth into the roadway of Easton Drive and its potential safety hazards, Council approved the replacement of the tree with a new Ficifolia Red Flowering Gum tree on December 4, 2006. Council held a public hearing on January 16, 2007 to seek additional public input and review options regarding the tree and roadway realignment. After extensive public feedback Council directed staff to return in May with information on the health condition of the tree and to determine whether the tree root could be cut or shaved to remove the hump. Further, Council asked that staff explore a less expensive alternative for realigning Easton Drive than the one presented at $180,000. DISCUSSION: Based on the Council direction, the tree root was tested and the Easton Drive realignment was reevaluated as follows: Tree Root Testing: Staff retained the team of Kielty Arborist Services, Hortscience and Advance Tree Care to perform the tree testing and evaluation. The root system was exposed by carefully excavating the roadway around the hump. The findings per the arborist report are: ■ The canopy is thick and healthy ■ The lower trunk appears to be normal with sound wood ■ The potential for tree failure from the trunk or root collar is low ■ Any new curb and gutter should be located at least six feet from the trunk and beyond the root mass In addition Kevin Kielty of Kielty Arborist Services verbally indicated that the root will continue to grow at the rate of 1/8 to 1/4 of an inch per year. He will be present at the meeting to discuss the report and answer questions. SAA Public Works Directory\Staff Reports\Easton Drive Eucalyptus Tree Update May 2007.doc Easton Drive Realignment: Based on the public input and the Council feedback as well as the testing results, staff performed a topographic survey of Easton Drive at the Cabrillo Avenue intersection and developed a realignment of the street (see attached sketch). The realignment meets the following criteria: • The scope of work is limited to an Easton Drive realignment west of Cabrillo Avenue only. • The south side of the realigned street is set such that no utility poles or trees are impacted. ■ An asphalt curb bulb-out is included on the north side of the street such that no part of the hump is within the roadway. The bulb-out is bonded to the road surface and does not require any root shaving. ■ The realigned road width is twenty feet and allows two-way traffic. • A drainage piping system is installed to alleviate the ponding problem on the north side of Easton Drive. The cost of the realignment is approximately $80,000. Although this is a less expensive option than the one previously studied, staff continues to be concerned that it does not meet roadway standards for safety. The option creates a jog in Easton Drive at the Cabrillo Avenue intersection making turning movements on both streets as well as east-west movements on Easton Drive potential safety hazards. Alternatively, if the Council desires to wait until a comprehensive re-forestation program for Easton Drive is developed,signage and delineators could be installed to warn the public of the hump.Additionally, an asphalt curb could be bonded onto the existing pavement adjacent to the tree(see bulb and signage attachments). PUBLIC OUTREACH: Staff published a public notice in the local news media, sent notices to the public on the list serve and placed signage at the Easton Drive and Cabrillo Avenue intersection regarding this meeting. BUDGET IMPACT:The budget will be based on Council direction. EXHIBITS: Arborist report, tree root testing photos, Easton Drive realignment sketch, Easton Drive bulb and signage sketch,signage details C: Randy Schwartz, Parks and Recreation Director; Bob Disco, Parks Supervisor Sy urtuza, P.E. Assist Director of Pubic Works SAA Public Works Directory\Staff Reports\Easton Drive Eucalyptus Tree Update May 2007.doc MM i a ree Assessment Large Blue Gum Eucalyptus 1800 Easton. Drive Burlingame , CA Kielty Arboristelices P.O. Box 6187 San Mateo, CA 94403 650-525-1464 April 23, 2007 Bob Disco Burlingame Parks and Recreation 850 Burlingame Avenue Burlingame, CA 94010 Site: 1800 Easton Drive, Burlingame, CA Assignment: The Burlingame City Council has requested a complete assessment of the large blue gum eucalyptus at the above site. Burlingame requested the assessment be carried out by three independent Certified Arborists who have vast experience and knowledge in this field. The three arborists shall have no connections to any persons or,groups that would alter their opinions of this tree. Specialized equipment for the root crown excavation and examination will be used by the arborists to ensure the least amount of trauma to the inspected areas. A thorough analysis will be conducted on the findings. The arborists will provide the council with their findings in the form of a written report. The report is expected by the City in time for a complete review prior to the city council meeting on May 7, 2007. Photographs of the process will be included with the report in the form of a compact disc. A representative of the arborist team will be present at the council meeting on May 7, 2007 to explain the findings and answer any questions. The Certified Arborists who were chosen to complete this assignment are: ♦ Michael Santos of Hortscience of Pleasanton, CA o Certified Arborist#WE-3877 o Registered Consulting Arborist#430 ♦ Robert Weatherill of Advanced Tree Care of Redwood City, CA o Certified Arborist# WC-1936 ♦ Kevin Kielty of Kielty Arborist Services of San Mateo, CA o Certified Arborist# WE-0476A All three arborists have many years of experience and are considered experts in the areas of arboriculture. The three arborists chosen for this project were approved by Bob Disco, arborist and contact person for the City of Burlingame. k 1800 Easton Dr./4/23/07 (2) Method: The root crown of the blue gum was excavated to expose the large buttress roots. Approximately 12 inches of soil was removed to a distance of 3 feet from the trunk. This work was carried out over a 2 day period,using shovels,picks, electric jack hammer, compressor and an air spade. The root crown was inspected using a wooden sounding mallet, and a resistograph, a rod that helps to detect soft spots inside the tree,was used to identify possible decayed areas. A visual inspection of the root crown and lower trunk was also carried out. Following the inspections, it was deemed unnecessary to have samples analyzed at a plant laboratory. The foliar canopy was thoroughly inspected. Due to the extreme height of the tree the tree was climbed. The climber accessed the tree by way of the aerial lift truck provided by the City. A.N.S.I. approved climbing ropes and saddles were used for the accent. No climbing gaffs were used at any time for this inspection. Visual assessments were taken and decay was tested by probing the surfaces of old pruning wounds. The methods will be explained in further detail in each arborist's report. Time line: The assessments and excavation were carried out in a 10 day period, from April 9 to April 18,2007. ♦ Monday, April 9, 2007 -Robert Weatherill climbed and inspected the blue gum tree's canopy. Kevin Kielty assisted from the aerial lift truck. ♦ Thursday, April 12, 2007 - Robert Weatherill and Kevin Kielty exposed the root crown on the sidewalk side. ♦ Monday, April 16, 2007 -Robert Weatherill and Kevin Kielty exposed the root crown on the street side. ♦ Tuesday,April 17, 2007 - Michael Santos examined the root crown. Robert Weatherill and Kevin Kielty observed. ♦ Wednesday, April 18, 2007-Kevin Kielty inspected the backfilled site. Photographs were taken at each stage of the inspection. Persons with information as to the history and maintenance of the tree were interviewed. The City of Burlingame's staff including members of the tree crew was quite helpful during this process. 1800 Easton Dr./4/23/07 (3) Summary: The three Certified Arborists selected for this project completed their assignment in a timely and professional manner. Their reports°diescribe the wvorkkandirthe testing-in is char and concise manner. As the lead arborist on this project, I was on site for all examinations and excavations. The three arborists hired for this project have discussed and agreed on each others findings. We are also in agreement that at this time there is no need to incorporate additional decay assessment tools. In his report, Michael Santos has outlined tree protection guidelines if road work is to be carried out. I would like to emphasize the importance of having an arborist on site during any excavation near the root zone of this tree. This work can be carried out by the Burlingame staff arborists or by an independent licensed certified arborist. In his report, Robert Weatherill has outlined future pruning specifications. These specifications should be incorporated into future contracts for tree maintenance. The excellent care this tree has received over the years and the diligence of the Burlingame Parks Department has contributed to this large trees favorable report. Continued maintenance of this tree is critical to ensure the health and safety of the tree. Despite the quality of care this tree receives, living near or below large trees has its inherent dangers. This report by no means guarantees the future.health or safety of this tree. This report is to be used as a guideline for the City of Burlingame. The information included in these reports is believed to be true and based on sound arboricultural principles and practices. The report is intended for use by the City of Burlingame only. Use of this report by others will require permission from the City of Burlingame and the Certified Arbotists who have collaborated in the writing of this report. The arborists hired for this assessment have not discussed their findings with unauthorized persons or parties. Sincerely, oGIEZV OF �41N K��� q��0 I r NO.WE-04764 c Kevin R. Kielty m Certified Arborist WE#0476A QED AAB���S Horticultural Consultants 171 SIG IR F.ONE �1 - April 24, 2007 Kevin Kielty Kielty Arborist Services PO Box 6187 San Mateo, CA 94403 Subject: Blue gum evaluation 1800 Easton Dr. Dear Mr. Kielty: The City of Burlingame is responsible for maintaining a mature blue gum (Eucalyptus globulus) located at 1800 Easton Dr. The City staff is concerned about the health and structural stability of the tree. You asked HortScience, Inc. to be part of a team of consulting arborists. HortScience was asked to evaluate the condition of the lower trunk and root collar, and make recommendations as appropriate. I visited the site with the City of Burlingame staff, Robert Weatherill, Advanced Tree Care and you on April 17. This report summarizes my assessment and recommendations. Methods of Evaluation I evaluated the health and structure of lower trunk and root collar based on a visual inspection of external conditions. You had excavated soil from the base of the trunk to expose the root collar. The tree was examined for decay indicators, including: • Cavities; • decay conks or mushrooms; • bleeding along trunk; • old wounds. I also tested the tree at several locations with the Resistograph®, a decay detection device. This tool pushes a 15" long by 2 mm diameter needle through the wood and records the resistance to penetration on a graph. Sound wood appears as a jagged line increasing in height on the graph, while a straight line at the bottom represent cavities. Decayed wood tends to be straight or wavy lines low on the graph. Observations The blue gum was located in front of the Easton Branch Library and was tagged as#37. The tree was in a 15'wide planting area between Easton Dr. and the sidewalk. The base of the trunk had grown over the top of the curb. A damaged section of street had been removed to assist in examination of the root collar. e P.C.Box.754 Pleasanton,CP.94566 Phone:925 434 0211 FAY.:925 434 5096 www.hortscience.com Kevin Kielty, Kielty Arborist Services HortScience, Inc. 1800 Easton Dr., Burlingame Page 2 Tree canopy The tree appeared to be in good condition, and Photo 1 mature in form and - -. character(photo 1). It had an 85" diameter trunk. r Robert Weatherill, ` Advanced Tree Care performed an aerial inspection of the canopy. His report will provide an assessment of the condition of the tree's canopy. - Lower trunk and root � v - collar The lower trunk appeared normal. I sounded this area with a wood mallet for decay and did note detect any hollow areas. I . did not observe any decay ,n ` conks. A few small brown mushrooms were found on the shedding bark. This fungus is likely - saprophytic. You removed the soil approximately 30" from the base of the trunk between the curb and sidewalk. Twelve (12) buttress roots Blue gum#37 (large woody roots) were exposed. The roots ranged in size from 4" to 25" in diameter, and were well distributed around the trunk (photo 2 and 3, next page). On the Easton Dr. side a section of raised asphalt about 5' by 8' was removed. This revealed a solid mass of wood tissue 8' across. I could not determine if this conformation was the result of the trunk growing over the old street, or roots that had been ground down for street repairs and re-formed into the solid mass. I examined each root and the root mass visually and sounded the roots with a wood mallet for decay. I checked the condition of the underside of a few roots. All roots appeared normal. Minor wounds were present on the top of a few roots near Easton Dr. City staff authorized the use of the Resistograph®to validate the findings from the visual tree assessment. Kevin Kielty, Kielty Arborist Services HortScience, Inc. 1800 Easton Dr., Burlingame Page 3 1 probed four(4)areas of the trunk and four(4) locations on buttress roots (photos#2 and 3). The results are as follows. ■ Readings#1-4—N,S,EN Cabrillo Ave. + ��, f .* Easton Dr. at 18" above ground in trunk; sound wood to 15", r . depth of drill (Figure 1, � 1 example of reading). + #1 �f.. . i i. ® Reading #5 (W between #2 ` #1 and 2)at ground level in buttress root; sound wood to 15". '� ` #7 #6 ® Reading #6 (S between#2 a #5 and 3) at ground level in ,4 root mass, S of small . fi a wound; sound wood to 4" ' and decay from 4"-15 Library Reading #7 (S between#2 Photo 2 and 3) at ground level in t root mass, N of small Easton Dr. J Library wound in#6; sound wood (t ,t , to 15". , ,. . �s .; ■ Reading #8 (S between#3 # and 4) at ground level in buttress root, sound wood to 15". ' '� ,, #3 e The readings for the trunk and roots indicated sound wood r with one minor exception. Reading #6 in the root mass, near a small wound, found - � decay, however a second Q reading nearby indicated soundwood. � Photo 3 Figure 1, below: Representative example, Resistograph®reading#3; E at 18°above ground in trunk; indicates sound wood,jagged line increasing in height on the graph. 15", depth of drill 10" V 0", bark Kevin Kielty, Kielty Arborist Services HortScience, Inc. 1800 Easton Dr., Burlingame Page 4 Summary and Recommendations An evaluation of the lower trunk and root collar of this mature blue gum showed these areas appeared to be sound, with one minor exception. Decay was found in the root mass on the south (reading#6). However, reading #7,just north of#6 showed sound wood to depth of drill. I consider the small amount of decay found in #6 to be minor and not unexpected in a tree of this size. I assess the tree's potential to fail from the lower trunk or root collar as low. I recommend the following. 1. Re-design of the damaged street near the tree should consider the following. a. Excavation for street repair should be monitored by the City Arborist or a Consulting Arborist. Some excavation by hand or air spade; may be required. b. Locate new curb and gutter at least 6' from trunk and beyond the root mass. c. Install tree protection fencing (TREE PROTECTION ZONE)at 1' back of curb prior to construction. Use 6' high chain link fence on concrete blocks to protect the lower trunk and root collar from damage by debris and equipment. Fence shall remain until all construction is completed. d. No root greater then 3" in diameter shall be pruned without the approval of the arborist. Root pruning of roots 3" and smaller shall be clean and square at undamaged tissue. e. Use as much of the existing base rock under the street as possible to avoid disturbing the roots. Where possible raise the street grade within the dripline by adding base rock and ramping over the root zone. f. All demolition and construction within the dripline shall be done using the smallest equipment possible. The arborist will identify where excavation and grading by hand will be required. The equipment shall operate so that it pulls the asphalt away from the tree and parallel to the direction of root growth. g. Do not remove the existing curb where the trunk has grown over it. 2. Monitor the tree for the presence of decay conks and mushrooms. During the spring inspect trees for Ganoderma conks on the lower trunk and buttress roots. Conks are directly attached to tree, reddish brown above and white below. In November and December, following the first rains, inspect for sulfur fungus (Laetiporus gilbertsoni!). The bright, yellow conk appears annually and is often found on pruning wounds, wounds and lower trunk. In late December and early January each year inspect for Armillaria mushrooms at the base of tree. The mushrooms are brown to honey color 3. Following storms inspect the tree for cracks in the soil and/or increased lean that may have developed under strong winds. If you have any questions regarding my observations or recommendations, please feel free to contact me. Sincerely, Michael D. Santos Certified Arborist WE-3877 Registered Consulting Arborist#430 4jjCA07VyA1NCEo CUTTING EDGE OF ARBORCULTURE EMWMWb- ROBERT WEATHERILL, CERTIFIED & CONSULTING ARBORIST April 24, 2007 Kielty Arborist Services P. O. Box 6187 San Mateo, CA 94403 Dear Kevin Re: Eucayptus in front of 1800 Easton Drive. Burlingame I visited the site and inspected the eucalyptus canopy. My inspection was carried out from the ground; using an aerial lift provided by Burlingame Parks Department; and climbing the tree with ropes and climbing saddle. Attached is a report of my observations and findings, also enclosed is a CD with all the photos and videos taken during the climb and on the ground. If you have any questions or I can be of further assistance, please don't hesitate to call. Sincerely x' C. A Robert Weatherill ADVANCED TREE CARE P0- Rnx 5'126 • RFn\Nnnn C'ITv C"A P4nC)-� ® PHnNiP7- 6r r)-fR-�A-PS'Ra AA dvanced Tree Care 1800 Easton Drive,Burlingame P. 0. Box 5326 Redwood City, CA 94063 April 24`b 2007 Eucalyptus at 1800 Easton Drive, Burlingame An assessment Of the health and condition of the canopy. 4/24/07 Genus and Species: Eucalytpus globulus more commonly known as a blue gum. Size: DBH(Diameter at Standard Height) approximately 85.0 inches; canopy spread 60 feet by 60 feet; height approximately 140 feet; Live Crown Ratio 50% Location: The tree is located in an easement at the front of Easton Branch Library at the corner of Easton Drive and Cabrillo Avenue,Burlingame and can be seen in Photo. 1. i' -41 t7` i t z Photo. 1: The blue gum Page 2 of 13 Advanced Tree Care 1800 Easton Drive,Burlingame P. O. Box 5326 Redwood City, CA 94063 April 24"2007 Condition: The trunk has a diameter of 82.5 inches at 54 inches above ground level and splits into 3 smaller trunks at approximately 18 feet above ground level; one of these trunks then separates again into 2 smaller trunks. These 4 trunks form the main spars of the tree. The trunk attachments appear strong with no signs of decay or weakness such as included bark. F a Z •ti '•y _ N . . l r g Photo 2: Attachments of the 4 main trunks Three of the trunks were previously cabled at approximately 65 feet above ground level. The trunks at this height range from 30.0 inches to 35.0 inches in diameter. The cabling system is clearly not to ANSI Standards ANSI A300 (Part 3) - 2000 has failed and is hanging loose. The cabling system can be seen in Photo.3. Page 3 of 13 Advanced Tree Care 1800 Easton Drive,Burlingame P.O. Box 5326 Redwood City, CA 94063 April 24'2007 6 J � 1 .Y Photo. 3: Failed cabling system The live canopy is thick and healthy and begins at approximately 80 feet above ground level. At approximately 80 feet above ground level,there are several large pruning cuts where large spars have been removed. One of these cuts can be seen in Photos. 4 and 5. It can be seen that there is significant decay to a vertical depth of approximately 6 inches after which the wood appears to be quite sound. The stems adjacent to this decay appear to be very strongly attached. Page 4 of 13 Advanced r Care 1800 Easton Drive,Burlingame 11.0. Box 5326 Redwood City, CA 94063 April 24w 2007 d - � 3 Photo. 4: Pruning cut at 80 feet above ground level r x i s �- y_ rs Photo. 5: Decay at 80 feet above ground level Page 5 of 13 Advanced Tree Care 1800 Easton Drive,Burlingame P.0. Box 5326 Redwood City, CA 94063 April 24`h 2007 Again at approximately 120 feet above ground level there are signs of decay from previous pruning cuts. Many of these cuts have callused over as can be seen in Photo 7. There is one or two with visible decay as seen in Photo. 6. a l tea/ A t, 5 4 Sue' W VI u.Z.. Photo. 6: Decay at 120 feet above ground level The decay in the center of the trunk extends down approximately 3 inches before reaching sound wood. At the surface of the trunk the decay extends further down its length. There are several large cuts as shown in Photo. 6 over the Library side of the tree. The growth adjacent to these cuts is predominantly epicormic growth from latent buds. The canopy above 120 feet appears to be healthy with good branch unions. This can be seen in photographs on the following pages. There are no visible cavities on the scaffold limbs or trunk. Throughout the entire canopy are scars from climbing gaffs. Page 6 of 13 dvanced Tree Care 1800 Easton Drive,Burlingame P. ®. Box 5326 Redwood City, CA 94063 April 24th 2007 A 7 a r, r� f i Photo. 7: Typical callusingof f old pruning cuts at 80 feet above ground level. Page 7 of 13 Advanced Tree Care 1800 Easton Drive,Burlingame E. 0. Box 5326 Redwood City, CA 94063 April 24"2007 a e � s. _ tg 1( s t� Photo. 8: Pruning cuts over Library at 120 feet above ground level Page 8 of 13 AA ceTree Care 1800 Easton Drive,Burlingame P.0.Box 5326 Redwood Cit;-, CA_94063 April 24th 2007 x t xA : 1* E Photo. 9: Canopy at above 120 feet above ground level Page 9 of 13 Advanced Free Care 1800 Easton Drive,Burlingame P.O. Box 5326 Redwood City, CA 94063 April 24"2007 Summary: The canopy is thick and healthy. It has been well maintained in the past. There is some decay throughout the canopy from previous pruning cuts which is actively callusing over. The cabling system has failed but should not be removed. The main scaffold limbs appear to have strong well formed attachments. Some of the growth higher up in the canopy has emanated from epicormic growth and latent buds. Consequently, it must be assumed that these branches are weakly attached to their parent limbs. Recommendations: The tree should be regularly inspected and maintained. Maintenance should involve replacement of the failed cabling system to ANSI Standards ANSI A300 (Part 3) —2000. Pruning should be carried out at regular intervals or as deemed necessary by a Certified Arborist. Pruning should include both thinning and end weight reduction. Page 10 of 13 Advanced ree Care 1800 Easton Drive,Burlingame P. 0. Box 5326 Redwood City, CA 94063 April 24th 2007 Glossary Canopy The part of the crown composed of leaves and small twigs.(2) Cavities An open wound, characterized by the presence of extensive decay and resulting in a hollow.0) Decay Process of degradation of woody tissues by fungi and bacteria through the decomposition of cellulose and lignin(l) Epicormic A shoot that arises from latent or adventitious buds. Watersprouts on growth stems (5) Genus A classification of plants showing similar characteristics. Included A pattern of development at branch junctions where the bark is turned bark inward rather than pushed out and stands in contrast with the branch bark ridge. Live Crown The relative proportion of green crown to overall tree height(]) Ratio Species A Classification that identifies a particular plant. Standard Height at which the girth of the tree is measured. Typically 4 '/2 feet above height ground level References (1)Matheny,N.P., and Clark, J.P. Evaluation of Hazard Trees in Urban Areas,International Society of Arboriculture,1994. (2) Harris,R.W., Matheny,N.P. and Clark, J.R.. Arboriculture: Inteizrated Management of Landscape Trees, Shrubs and Vines. Prentice Hall, 1999. (3) Carlson, Russell E. Paulownia on The Green: An Assessment of Tree Health and Structural Condition. Tree Tech Consulting, 1998. (4)Extracted from a copy of Tree Protection guidelines. Anon (5)T. D. Sydnor, Arboricultural Glossary. School of Natural Resources, 2000 Page 11 of 13 Advanced Tree Care 1800 Easton Drive,Burlingame P.O. Box 5326 redwood City, CA 94063 April 24'h 2007 Certification of Performance(3) I, Robert Weatherill certify: * That I have personally inspected the tree(s) and/or the property referred to in this report, and have stated my findings accurately. The extent of the evaluation and appraisal is stated in the attached report and the Terms and Conditions, * That I have no current or prospective interest in the vegetation or the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved; * That the analysis, opinions and conclusions stated herein are my own, and are based on current scientific procedures and facts; * That my compensation is not contingent upon the reporting of a predetermined conclusion that favors the cause of the client or any other party, nor upon the results of the assessment, the attainment of stipulated results, or the occurrence of any subsequent events; * That my analysis, opinions, and conclusions were developed and this report has been prepared according to commonly accepted Arboricultural practices; * That no one provided significant professional assistance to the consultant, except as indicated within the report. I further certify that I am a member of the International Society of Arboriculture and a Certified Arborist. I haveEbeen involved in the practice of arboriculture and the care and study of trees for over I V years. gr Signea' � No.WC- Date: V�' Page 12 of 13 Advanced "ee re 1800 Easton Drive,Burlingame P. a.Box 5326 Redwood City, CA 94063 April 24th 2007 Terms and Conditions(3) The following terms and conditions apply to all oral and written reports and correspondence pertaining to the consultations,inspections and activities of Advanced Tree Care : 1. All property lines and ownership of property,trees,and landscape plants and fixtures are assumed to be accurate and reliable as presented and described to the consultant,either verbally or in writing. The consultant assumes no responsibility for verification of ownership or locations of property lines,or for results of any actions or recommendations based on inaccurate information. 2. It is assumed that any property referred to in any report or in conjunction with any services performed by Advanced Tree Care,is not in violation of any applicable codes,ordinances,statutes,or other governmental regulations,and that any titles and ownership to any property are assumed to be good and marketable. Any existing liens and encumbrances have been disregarded. 3. All reports and other correspondence are confidential,and are the property of Advanced Tree Care and it's named clients and their assigns or agents. Possession of this report or a copy thereof does not imply any right of publication or use for any purpose,without the express permission of the consultant and the client to whom the report was issued. Loss,removal or alteration of any part of a report invalidates the entire appraisal/evaluation. 4. The scope of any report or other correspondence is limited to the trees and conditions specifically mentioned in those reports and correspondence.Advanced Tree Care and the consultant assume no liability for the failure of trees or parts of trees,either inspected or otherwise. The consultant assumes no responsibility to report on the condition of any tree or landscape feature not specifically requested by the named client. 5. All inspections are limited to visual examination of accessible parts,without dissection,excavation, probing,boring or other invasive procedures,unless otherwise noted in the report. No warrantee or guarantee is made,expressed or implied,that problems or deficiencies of the plants or the property will not occur in the future,from any cause. The consultant shall not be responsible for damages caused by any tree defects,and assumes no responsibility for the correction of defects or tree related problems. 6. The consultant shall not be required to provide further documentation,give testimony,be deposed, or attend court by reason of this appraisal/report unless subsequent contractual arrangements are made, including payment of additional fees for such services as described by the consultant or in the fee schedules or contract. 7. Advanced Tree Care no warrantee,either expressed or implied,as to the suitability of the information contained in the reports for any purpose. It remains the responsibility of the client to determine applicability to his/her particular case. 8. Any report and the values,observations,and recommendations expressed therein represent the professional opinion of the consultants,and the fee for services is in no manner contingent upon the reporting of a specified value nor upon any particular finding to be reported. 9. Any photographs,diagrams,graphs,sketches,or other graphic material included in any report, being intended solely as visual aids,are not necessarily to scale and should not be construed as engineering reports or surveys,unless otherwise noted in the report. Any reproductions of graphs material or the work product of any other persons is intended solely for the purpose of clarification and ease of reference. Inclusion of said information does not constitute a representation by Advanced Tree Care or the consultant as to the sufficiency or accuracy of that information. 10. Payment terms are net payable upon receipt of invoice. All balances due beyond 30 days of invoice date will be charged a service fee of$20.00 per month. All checks returned for insufficient funds or any other reason will be subject to a$20.00 service fee. Advance payment of fees may be required in some cases. Page 13 of 13 R 1800 Easton Dr./4/23/07 (3) Summary: The three Certified Arborists selected for this project completed their assignment in a timely and professional manner. Their reports describe the work and the testing in a clear and concise manner. As the lead arborist on this project, I was on site for all examinations and excavations. The three arborists hired for this project have discussed and agreed on each others findings. We are also in agreement that at this time there is no need to incorporate additional decay assessment tools. In his report, Michael Santos has outlined tree protection guidelines if road work is to be carried out. I would like to emphasize the importance of having an arborist on site during any excavation near the root zone of this tree. This work can be carried out by the Burlingame staff arborists or by an independent licensed certified arborist. In his report,Robert Weatherill has outlined future pruning specifications. These specifications should be incorporated into future contracts for tree maintenance. The excellent care this tree has received over the years and the diligence of the Burlingame Parks Department has contributed to this large trees favorable report. Continued maintenance of this tree is critical to ensure the health and safety of the tree. Despite the quality of care this tree receives, living near or below large trees has its inherent dangers. This report by no means guarantees the future health or safety of this tree. This report is to be used as a guideline for the City of Burlingame. The information included ih these reports is believed to be true and based on sound arboricultural principles and practices. The report is intended for use by the City of Burlingame only. Use of this report by others will require permission from the City of Burlingame and the Certified Arborists who have collaborated in the writing of this report. The arborists hired for this assessment have not discussed their findings with unauthorized persons or parties. Sincerely, ��ESY OF qty �G �y176P► � 2 � Kevin R. Kielty Certified Arborist WE#0476A :, »�"' i,' :�� q.. e � M, k � k :¢ '" it E 3 s. ,, i v \ W .. .i� .F." �,."' z � �". � t�� t ' � , ., p; .. .� ..t ,..� ... w .� yah '�, g �.s� C _af _. � ,'i,. �-arc , ' � � a ,�. � ri ,,, .. �"a+ � , M T w �� ` _� 7 � +^ -... _. )k� ,+�� ,E -- � F iI� q � 4- � I,,. M M,yi � " n :. qq - .... ��.:. 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DATE 5/7/2007 9$Nn TO: Honorable Mavor and Council SUBMITTE BY - DATE: April 20. 2007 APPROVED BY FROM: Larry E. Anderson, City Attorney SUBJECT: INTRODUCE ORDINANCE AFFIRMING ORDINANCE NO. 1800 TO SPECIFY THAT ALTERATIONS TO AN ENTIRE BUILDING ARE TO BE CONSIDERED WHEN CALCULATING A REQUIREMENT TO INSTALL SPRINKLERS, RATHER THAN A SINGLE PREMISES RECOMMENDATION: Introduce ordinance to affirm Ordinance No. 1800 applying administrative interpretation for trigger to install sprinklers as follows: A. Request City Clerk to read the title of the proposed ordinance. B. Waive further reading of the ordinance. C. Introduce the proposed ordinance. D. Direct the City Clerk to publish a summary of the ordinance at least 5 days before proposed adoption. DISCUSSION: In March 2007, the Council adopted Ordinance No. 1800, which made it clear that when calculating the amount of alteration that would require installation of sprkinklers,the entire building is to be considered and not just a single tenant space or"premises." However, when the ordinance was delivered to the California Building Standards Commission, the Commission refused to accept it for filing because it did not contain extensive findings describing the local climatic, geological, or topographical conditions that require the amendment. Staff believes that a correction in a word in a provision already adopted with extensive findings should not require a repeat of the findings; however, rather than debate the point with the State,the ordinance is being brought back for affirmation, because this interpretation is what staff has been using in any event. Attachment: Proposed Ordinance cc: Chief, Central County Fire Department I ORDINANCE NO. 2 ORDINANCE OF THE CITY OF BURLINGAME AFFIRMING ORDINANCE NO. 1800 TO CLARIFY PROVISION 3 REGARDING INSTALLATION OF SPRINKLERS 4 THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS 5 FOLLOWS: 6 Section 1. On March 5, 2007, the City Council adopted Ordinance No. 1800, which 7 amended the language in Section 17.04.030 to explicitly incorporate the administrative interpretation 8 that a sprinkler retrofit or installation requirement is required when a portion of an entire building is 9 altered, rather than a"premises," which could pose an unreasonable burden on a tenant or owner. 10 However, the State Building Standards Commission refused to accept Ordinance No. 1800 for filing 11 because it only contained findings reflecting the one word change, rather than the normal findings for 12 amendments to the entire Uniform Fire Code. Rather than contest the State's interpretation, the 13 ordinance is being returned for affirmation and to make the extensive findings requiring local action 14 to protect the health and safety of its citizens. The City of Burlingame will continue to interpret the 15 language to so that the retrofit requirement is triggered by alterations as a whole to a building rather 16 than a space in a building. 17 18 Section 2. The City of Burlingame is located between the Santa Cruz Mountains foothills 19 and San Francisco Bay, with a number of substantial creeks flowing through highly developed 20 residential and industrial areas. It is surrounded by large areas of open space maintained in natural 21 condition, as well as having a significant natural canyon in the center of the residential area. The 22 City normally receives no measurable precipitation between May and October, and it can often 23 extend into late October or early November. During this period, average temperatures average 24 between 70° F and 90°F, and strong winds come down the foothills. These conditions eliminate 25 most of the moisture in the natural vegetation and heavily wooded hillsides. The area also suffers 26 periodic droughts that extend the dry periods to other months of the year. In addition, many wood 27 roofs over wood construction predominate the residential areas. The City is directly east of the San 28 Andreas Fault, and much of the highly developed part of the City is located along the front of the May 7,2007 1 I Bay, some on fill. The foothill areas have a variety of soil formations with steep canyons and heavy 2 precipitation. Fires in the community could quickly spread because of the extensive, natural 3 vegetation throughout the City. The City has a number of highly developed commercial areas with 4 older buildings, and an industrial area that is filled with mixed uses utilizing various materials that 5 could be highly hazardous. The Burlingame Avenue area has already experienced a number of 6 devastating fires that have damages valuable buildings, endangered lives, and impaired the economic 7 well-being of entire blocks. The other commercial areas in the City are just as vulnerable. In 8 addition, heavily traveled approach and departure routes for San Francisco International Airport are 9 immediately adjacent or over the City. Much of the residential areas that are immediately adjacent to 10 woodland and canyon are served by narrow one- or two-lane roads with confused access caused by 11 the steepness of the terrain. Access by fire suppression equipment is extremely limited by both 12 topography and improved access. It is only through strong building standards and effective fire 13 prevention and containment programs that citizens will receive the protection they deserve, and that 14 citizens will be able to obtain reasonably priced insurance for their homes and businesses. In seeking 15 to attain these goals,the fire prevention standards in Title 17 have been adopted, and this ordinance 16 is to affirm an administrative interpretation of when sprinkler installation is required when a building 17 is altered. 18 19 Section 3. Subsections 1003.2.1.2(6) and (7) of the Uniform Fire Code as contained in 20 Section 17.04.030 of the Municipal Code is amended to read as follows: 21 6. When a building is partially retrofitted with an approved automatic sprinkler fire 22 extinguishing system pursuant to this section, the building shall complete the fire extinguishing 23 system retrofit throughout the unprotected building interior areas within six (6)years from 24 completing the initial partial retrofit. 25 7. The size or cost of additions and alterations used in calculating the size or replacement 26 cost value formula shall not be cumulative with regard to individual additions or alterations in a 27 building unless either of the following two circumstances apply: 28 Nim 7.2007 2 I (a) Where more than one(1) addition or alteration for which building permits are required are made within a two (2)year period. In such circumstances, the sum of the size or costs of these 3 additions or alterations during this two (2)year period shall be aggregated for the purpose of 4 calculating the size or replacement cost value formula; or (b) Where more than one (1) addition or alteration for which building permits have been 6 issued have not yet received final Building Department approval. In such circumstances, the sum of 7 these issued but not yet finalized building additions' or alterations' sizes or construction costs shall be 8 aggregated for the purpose of calculation of the size or replacement cost value formula. 9 EXCEPTIONS: The cost of additions and alterations used in calculating the replacement 10 cost value formula shall be exclusive of the cost to design and install an automatic fire sprinkler 11 extinguishing system pursuant to this section; building roof repair/replacement; building heating 12 and/or cooling unit repair/replacement; and any other federal, state and local construction code 13 upgrade requirements including but not limited to the American Disability Act architectural barrier 14 removal requirements, Title 24 handicap compliance requirements, seismic retrofit requirements, 15 asbestos and other hazardous material abatement. 16 17 Section 4. This ordinance shall be published as required by law. 18 19 Mayor 20 21 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the 22 foregoing ordinance was introduced at a regular meeting of the City Council held on the day of , 2007, and adopted thereafter at a regular meeting of the City Council held on the 2' day of , 2007, by the following vote: 24 AYES: COUNCILMEMBERS: 25 NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 26 27 28 City Clerk May 7,2007 3 CITY 0 STAFF REPORT BURUNGAME AGENDA 8c ITEM# MTG. Dq DATE May 7,2007 ADHATED JUNE D TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY ,C DATE: April 24,2007 APPROVED n FROM: Ana Silva By Tel.No.: 558-7204 SUBJECT: CONSIDER APPOINTMENT TO PLANNING COMMISSION RECOMMENDATION: Make appointment to fill expired terms or take other action. BACKGROUND: Two commission positions are due for appointment because of term expiration. The positions were publicized and notification letters were sent to past commission applicants. Two applications were received as of the deadline of April 5, 2007. The applicants were interviewed by the full Council on April 16, 2007. The appointee terms will be for four years, ending in April 7, 2011. CITr °c AGENDA 8d ITEM# 4RyA'9f,ME MTG. STAFF REPORT DATE 5/7/2007 9$Fn TO: Honorable Mayor and Council SUBMITTE BY DATE: April 18, 2007 APPROV BY �IA& FROM: Larry E. Anderson, City Attorney SUBJECT: ADOPT RESOLUTION ESTABLISHING REVISED PROCEDURES FOR APPOINTMENTS TO CITY COMMISSIONS AND BOARDS RECOMMENDATION: Adopt resolution establishing revised procedures for appointments to City commissions and boards. DISCUSSION: In 2003, the City Council amended procedures for considering appointments to City commissions and boards in Resolution No. 33-2003. Last year, the Council began a trial period to see if interviews of candidates by the entire Council would be workable and effective. The Council has found that process helpful, while ensuring an open process. Attached is a proposed resolution that would make this open process a part of future appointments. The other provisions of the existing procedures, such as application questions and interviewing all candidates, would remain the same. Attachments: Redlined version showing changes in procedure Resolution with Procedure PROCEDURES FOR APPOINTMENTS TO CITY COMMISSIONS AND BOARDS 1. Application Dates. a. The City Manager will report when the term of office of a commissioner or board member will be expiring to the City Council approximately thirty(30) days in advance. The City Manager will also report any board or commission vacancy to the City Council. b. The City Council will then determine what deadlines for applications will apply for each board or commission. Generally, deadlines will be three (3) or more weeks following the Council's determination. The City Council may extend the deadlines as the Council may deem appropriate. 2. Advertisement. The City Clerk will post notice of the vacancies and deadlines at City Hall, the Main Library, and such additional places as the City Clerk determines may be helpful. For unscheduled vacancies, the City Clerk will also post notices as required by Government Code section 54974. 3. Applications. a. A standard application form together with supplemental questions will be provided by the City Manager to persons interested in appointment to a vacant office. b. Incumbent commissioners and board members seeking reappointment, as well as new applicants, will complete the application forms and return them to the City Manager by the designated deadline in order to be considered for appointment. However, a board member or commissioner who has been appointed to fill an unexpired term within the previous twelve (12)months will not be required to complete and file an application. C. Applicants are expected to have attended at least one meeting of the board or commission for which they are seeking appointment. d. Applications will only be accepted for specific vacancies. Persons who have applied for previous vacancies will be kept on an interest list for a period of two (2) years by the City Manager and be mailed notices of pending vacancies during that period. 4. Interviews. a. The City Council will interview all of the applicants, including incumbents, who have submitted applications by the designated deadline. Pursuant to the Brown Act, these interviews will be conducted at an open and public meeting. The Mayor Proposed revisions to Resolution 33-2003 -3/18/2003 1 will appoint mi ad hoc interview committee of two councilmembei-s to interview the applicants f6r each board ot-commission.— b. The committee will interview aff applicmits, including incumbents, who have submitted application forms by the designated deadline. If an applicant is unable to interview with the Council comrnittec at the time appointed by the committee Council because of a personal emergency or other compelling reason, the Council canmTittec will make an attempt to reschedule the appointment but is not required to do so. The Council committee may conduct interviews by telephone so long as the requirements of the Brown Act are met. both committee members are physicaffy present in the smne room. However, a candidate who is unable to be interviewed will be dropped from consideration. C. Normally, the appointments to the vacant positions will not be made immediately following the interviews, but will rather be made at the next meeting of the City Council. Following the interviews, the committee will make its reconiniendatiot f6r appointments to theftiff eouncit. fnterriew committees shaf! provide their recommendations in writing no later thmi the begfinfingofthe eouncitmeeting a which the appointments are to be made. Recommendations need not bt unanimous. 5. Appointments. a. Appointments are made at regular or special meetings of the City Council by open motion and voting. The interview coninfittee will repoit their reconnnendationa! to . Ballots will not be used. b. If there is more than one office to fill on a board or commission, the Mayor may direct that the voting be conducted on an applicant pool basis; in other words, the City Clerk is asked to read the name of each candidate with each Councilmember entitled to vote for the number of applicants equal to the number of open positions, with a majority vote required to appoint an applicant; if the Council is unable to reach a majority vote to fill the offices, an applicant receiving the fewest votes will be dropped through each voting cycle, until the required number of appointments are made. C. If the Council is unable to reach the necessary number of appointments for whatever reason, the Council may then proceed to seek additional applicants, continue the appointment process, or take such other action as the Council may deem appropriate. 6. Terms of Office. Commissioners and board members are appointed for only a single term, and there is no expectation of reappointment. Terms of office will comply with the provisions of the Municipal Code, or in the case of the Library Board of Trustees, the California Education Code. Proposed revisions to Resolution 33-2003 -3/18/2003 2 7. Local Appointment List. The City Clerk shall maintain and provide the Local Appointment List as required by Government Code section 54972 and following. Proposed revisions to Resolution 33-2003 -3/18/2003 3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ESTABLISHING REVISED PROCEDURE FOR APPOINTMENTS TO CITY COMMISSIONS AND BOARDS RESOLVED,by the City Council of the City of Burlingame: WHEREAS, Resolution No. 33-2003 revised procedures to be used in the appointment of citizens to City commissions and boards; and WHEREAS,the City Council would like to have interviews of the candidates conducted by the entire Council, NOW, THEREFORE,IT IS RESOLVED AND ORDERED: 1. The Procedures for Appointments to City Commissions and Boards contained in Exhibit A hereto are approved. 2. This Resolution supersedes the provisions of Resolution No. 33-2003. MAYOR I,DORIS MORTENSEN,City Clerk of the City of Burlingame,do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the day of .2007, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK PROCEDURES FOR APPOINTMENTS TO CITY COMMISSIONS AND BOARDS 1. Application Dates. a. The City Manager will report when the term of office of a commissioner or board member will be expiring to the City Council approximately thirty(30) days in advance. The City Manager will also report any board or commission vacancy to the City Council. b. The City Council will then determine what deadlines for applications will apply for each board or commission. Generally, deadlines will be three (3) or more weeks following the Council's determination. The City Council may extend the deadlines as the Council may deem appropriate. 2. Advertisement. The City Clerk will post notice of the vacancies and deadlines at City Hall, the Main Library, and such additional places as the City Clerk determines may be helpful. For unscheduled vacancies, the City Clerk will also post notices as required by Government Code section 54974. 3. Applications. a. A standard application form together with supplemental questions will be provided by the City Manager to persons interested in appointment to a vacant office. b. Incumbent commissioners and board members seeking reappointment, as well as new applicants, will complete the application forms and return them to the City Manager by the designated deadline in order to be considered for appointment. However, a board member or commissioner who has been appointed to fill an unexpired term within the previous twelve (12) months will not be required to complete and file an application. C. Applicants are expected to have attended at least one meeting of the board or commission for which they are seeking appointment. d. Applications will only be accepted for specific vacancies. Persons who have applied for previous vacancies will be kept on an interest list for a period of two (2) years by the City Manager and be mailed notices of pending vacancies during that period. 4. Interviews. a. The City Council will interview all of the applicants, including incumbents, who have submitted applications by the designated deadline. Pursuant to the Brown Act, these interviews will be conducted at an open and public meeting. 5/7/2007 1 b. If an applicant is unable to interview with the Council at the time appointed by the Council because of a personal emergency or other compelling reason, the Council will make an attempt to reschedule the appointment but is not required to do so. The Council may conduct interviews by telephone so long as the requirements of the Brown Act are met. However, a candidate who is unable to be interviewed will be dropped from consideration. C. Normally, the appointments to the vacant positions will not be made immediately following the interviews, but will rather be made at the next meeting of the City Council. 5. Appointments. a. Appointments are made at regular or special meetings of the City Council by open motion and voting. Ballots will not be used. b. If there is more than one office to fill on a board or commission, the Mayor may direct that the voting be conducted on an applicant pool basis; in other words, the City Clerk is asked to read the name of each candidate with each Councilmember entitled to vote for the number of applicants equal to the number of open positions, with a majority vote required to appoint an applicant; if the Council is unable to reach a majority vote to fill the offices, an applicant receiving the fewest votes will be dropped through each voting cycle, until the required number of appointments are made. C. If the Council is unable to reach the necessary number of appointments for whatever reason, the Council may then proceed to seek additional applicants, continue the appointment process, or take such other action as the Council may deem appropriate. 6. Terms of Office. Commissioners and board members are appointed for only a single term, and there is no expectation of reappointment. Terms of office will comply with the provisions of the Municipal Code, or in the case of the Library Board of Trustees, the California Education Code. 7. Local Appointment List. The City Clerk shall maintain and provide the Local Appointment List as required by Government Code section 54972 and following. 5/7/2007 2 CITYAGENDA 8e °�i ITEM# BURLINGAME STAFF REPORT MAG. DATE May 7, 2002- <o TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: April 24, 2007 APPROVED FROM: Ana Silva (558-7204) BY SUBJECT: Library Board Vacancies RECOMMENDATION It is recommended that Council call for applications to fill two impending vacancies on the Library Board. The recommended due date is May 29, 2007. This will allow enough time for interviews and an orientation for new board members. BACKGROUND Our current commissioner appointment procedure calls for any commissioner desiring reappointment to apply in the same manner as all other candidates. The current commissioners will be invited to reapply if they wish to serve again. In addition, all past applicants on the two-year wait list will be informed of the vacancies. The following Board Members' terms will expire as detailed below: Commissioner Term Expiration Terms Served Patricia Toft June 30, 2007 1 Catherine McCormick June 30, 2007 2 �Ty AGENDA 9a rrEM# MTG STAFF REPORT DATE May7,2007 TO: Honorable Mayor and City Council SUBMITTED BY:Jack Van Etten,Chief of Police DATE: April 30,2007 APPROVED �Q FROM: Jack Van Etten,Chief of Police 4 N BY:Jim Nantell,City Manager/W/ SUBJECT: Adopt a resolution amending the City's Master Schedule authorizing a one(1)year records retention period for digitally recorded police department prisoner bookings that are placed onto DVD's RECOMMENDATION: The city council should adopt a resolution amending the Master Schedule for retention and destruction of City records pursuant to Government Code section 34090 regarding digital recordings of prisoner bookings for a one(1)year period. BACKGROUND: The police department recently upgraded the camera monitor and digital recording system in the booking area within the temporary holding facility.As a result ofthis upgrade,the police department now monitors and digitally records all persons who are booked within our facility.Currently,the police department is only able to retain these digital recordings for a seven(7)day period.The recordings are then transferred onto DVD's and are retained in the prisoners'arrest files. The staff of the police department has discussed this matter with our city attorney and we are recommending that these booking DVD recordings be retained for one(1)year,and then destroyed.In the event a complaint,lawsuit or if the digital recorded DVD's are needed for future court purposes,legal requests for these DVD's normally will be made within a one(1)year period.If necessary for a specific matters or incidents,the involved DVD's will be retained for a longer period of time. Current state law requires that the retention periods for public records be authorized and approved by council through approval of a resolution.Therefore,it is recommended that council pass the attached resolution allowing the one(1)year maximum retention period for these booking DVD's.No other current record retention periods will be affected. FISCAL IMPACT: None ATTACHMENTS: Refer to the attached resolution RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING THE MASTER SCHEDULE FOR RETENTION AND DESTRUCTION OF CITY RECORDS PURSUANT TO GOVERNMENT CODE SECTION 34090 REGARDING DIGITAL RECORDING OF PRISONER BOOKINGS RESOLVED, by the City Council of the City of Burlingame: WHEREAS, Government Code section 34090 provides that the City may destroy certain City records, documents, and papers pursuant to schedules adopted by the City Council and subject to approval by the City Attorney, without making a copy of the destroyed record, document, or paper; and WHEREAS, in 2003, the City Council adopted a master retention schedule for City records; and WHEREAS, the Police Department is recording prisoner bookings and placing the recordings on DVD's; and WHEREAS, Government Code section 34090.6 allows the City to destroy these recordings of routine video monitoring to be destroyed after one year; and WHEREAS, the City Attorney has reviewed the proposed retention schedule for recordings of routine video monitoring and has approved it, NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1. The Master Schedule for Retention and Destruction of City Records is amended by adding the following in the Police Department Schedule: Title of Record I Retention Period Comments Routine Video Monitoring Recordings of Bookings I 1 year I Gov't Code § 34090.6 2. Nothing contained in this Resolution or the Master Schedule is intended to nor does it preclude destruction of records pursuant to Government Code section 34090.5 (reproduced or duplicated records). MAYOR 1 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the_day of , 2007, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK 2 STAFF REPORT BURUNGAME AGENDA ITEM # 9b MTG. QWDATE Mav 7,2007 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTE�(� n BYJ�- DATE: April 18, 2007 � APPROVED FROM: Central County Fire Department BY SUBJECT: REQUEST FOR OUT OF STATE TRAVEL OF FIRE dALHAL AND FIRE PREVENTION OFFICER TO ATTEND CODE HEARINGS IN ROCHESTER, NEW YORK Recommendation: Authorize two fire department member's attendance and participation at the International Code Council Final Action Hearings in Rochester, New York by approval on the Consent Calendar. Background: The International Code Council (ICC) is the publisher of model building code standards including the International Building Code, International Fire Code, and the International Wildland-Urban Interface Code. These three standards are the adopted codes for California effective for enforcement in January of 2008. The ICC Final Action Hearings May 21-26th, 2007 are the proceedings where governmental officials may overturn previous decisions made by the Committee in Orlando, Florida last September. Active participation by department members is advantageous to our community to ensure employees have a solid understanding of codes and interpretations at the national level as well as helping to shape codes and standards for the future. Fire Marshal Rocque Yballa has been co-chair of the Fire Code Committee with the California Fire Chiefs' Association (CFCA) for ten years. Fire Marshal Yballa will be attending from May 24th to May 26th, 2007 with travel and per diem being sponsored by CFCA. The California Association of Building Officials has been awarded a grant to support travel and per diem for multiple participants and has offered to share this grant with one CFCA representative. CFCA has offered this rare opportunity to Fire Inspector Christine Reed as an active member of the CFCA Building Standards Committee. She will be attending May 21-25, 2007. Budget Impact: No impacts identified. Travel and per diem costs to be paid by the California Fire Chiefs' Association. Attachments: None circ oAGENDA 9C ITEM# BUR"NGAME STAFF REPORT MAG DATE 5/7/2007 <o wEe9 TO: Honorable Mayor and Council SUBMITTED BY- DATE: Y DATE: April 27, 2007 APPROVED BY FROM: Larry E. Anderson, City Attorney SUBJECT: APPROVE RESOLUTION AFFIRMING USE OF A MASTER BOND OR INSURANCE POLICY FOR CITY OFFICERS RECOMMENDATION: Adopt resolution approving use of a master surety bond, government crime insurance policy, or employee dishonesty insurance policy for City officers and employees DISCUSSION: In 1997, the City Council adopted Resolution No. 10-1997, which authorized the use of a master bond for city officers pursuant to Government Code section 1481. In 2004, the Legislature authorized the use of an insurance policy to provide this same type of coverage, which will bring additional cost savings and even better protection to the City. As before, ABAG Plan has been providing this protection through a group purchase. The proposed resolution will affirm use by the City of either a master bond or an insurance policy subject to certain preconditions. Attachment Proposed Resolution Distribution City Clerk RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND AFFIRMING USE OF MASTER SURETY BOND OR COMMERCIAL GOVERNMENT CRIME INSURANCE POLICY OR EMPLOYEE DISHONESTY INSURANCE POLICY FOR CITY OFFICERS AND EMPLOYEES RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the City of Burlingame Municipal Code requires a surety bond for the City Manager, and State law requires a surety bond for the City Clerk and the City Treasurer; and WHEREAS, the State of California has adopted Government Code section 1481 to allow a city to use a master bond to cover all of its officers and employees; and WHEREAS, such a master bond allows enhanced coverage of all City officers and employees, while also reducing the expense and complexity involved; and WHEREAS, the State of California has also adopted Government Code section 1463 to allow a city to use a commercial government crime insurance policy or employee dishonesty policy to cover all of its officers and employees,which will provide even broader and more cost-effective coverage, NOW, THEREFORE,IT IS ORDERED: 1. Use of a master official bond may be made to provide coverage on the officers and employees of the City of Burlingame is approved. 2. Use of a commercial government crime insurance policy or employee dishonesty policy to provide coverage on the officers and employees of the City of Burlingame is also approved. 3. The form of such a master official bond or insurance policy shall meet the following minimum form standards: a. The amount shall not be in amount less than $1 million . b. The bond or insurance policy shall be issued by a company authorized to do business in the State of California. c. The bond or insurance policy shall be issued by a company with a Best's rating of no less than A-:VII. 1 d. The bond or insurance policy shall encompass claims for forgery or alteration; theft, disappearance, or destruction; robbery and safe burglary; public employee dishonesty; computer fraud; and fund transfer fraud. e. The bond or policy may be issued on an annual or longer basis. 4. The form of the bond or policy shall be subject to approval by the City Attorney. 5. The master official bond may also be used for officers and employees of the City Redevelopment Agency. MAYOR I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the day of , 2007, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK 2 STAFF REPORT BURLINGAME AGENDA ITEM# 9d MTG. DATE 5/7/07 TO: HONORABLE MAYOR AND CITY COUNCIL suBNWTED �. DATE: April 30, 2007 BY APPRO FROM: Parks & Recreation Director (558-7307) By SUBJECT: ACCEPTANCE OF INSTALLED SCOREBOARiBY BURLINGAME YOUTH BASEBALL ASSOCIATION AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS FOR USE AT BAYSIDE PARK RECOMMENDATION: It is recommended that the City Council accept the gift of a scoreboard and installation from the Burlingame Youth Baseball Association (BYBA) and the International Brotherhood of Electrical Workers (IBEW) for use at Bayside Park. BACKGROUND: BYBA and the IBEW would like to donate a new scoreboard to the City for use at Bayside Park, diamond#3. The scoreboard would be used by the City's programs and the non-profit groups that use the field for baseball, lacrosse, soccer, softball, etc. BYBA and the IBEW would pay for all installation costs and the City is under no obligation to maintain or replace the scoreboard in the future. BUDGET IMPACT: The only cost to the City will be the annual electrical cost for use of the scoreboard which is projected at less than $100 annually and can be covered by the Parks & Recreation Department's budget. ATTACHMENTS: A. Agreement with BYBA and the IBEW B. Plot map showing proposed location for scoreboard C. Depiction of proposed scoreboard Y f + Attachment "A" GIFT OF INSTALLED SCOREBOARD TO THE CITY OF BURLINGAME , CALIFORNIA The BURLINGAME YOUTH BASEBALL ASSOCIATION, a California nonprofit pubic benefit corporation , ( BYBA) and the INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS , LOCAL 1617 ( IBEW ) , hereby give , assign , and transfer to the CITY OF BURLINGAME , a municipal corporation ( CITY ) , as a gift , without consideration , all right , title , and interest , a scoreboard and controller to be installed at Field Number 3 at Bayside Park , in Burlingame , California , on the following terms and conditions : 1 . The BYBA and IBEW will give a scoreboard similar to the scoreboard depicted in the attached photograph , to the CITY , to be installed at Bayside Park , at Field Number 3 , in a location to be mutually agreed upon by the BYBA and the CITY . The gift of a scoreboard shall include a controller to operate the scoreboard . 2 . The BYBA and IBEW shall bear all costs of installation of the scoreboard . 3 . The BYBA and IBEW shall construct and manage the installation of the scoreboard in accordance with all applicable building and electrical codes of the CITY . 4 . The BYBA and IBEW shall apply for and obtain all necessary permits from the CITY . The CITY agrees to provide all necessary permits to the BYBA and IBEW at no cost . 5 . The BYBA and any nonprofit field use group that is deemed appropriate by the CITY shall be able to use the scoreboard . 6 . Neither the BYBA, the IBEW, nor the CITY shall have any obligation to maintain the scoreboard or to replace the scoreboard if the scoreboard becomes inoperable . BURLINGAME YOUTH BASEBALL ASSOCIATION, a California nonprofit pubic benefit corporation Dated: , 2007 By HANK SAUER, JR. , President INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 167 Dated: 2007 By FRANK AGUERRE, Business Manager ACCEPTANCE The CITY OF BURLINGAME hereby accepts the gift of the scoreboard and controller from the BYBA and IBEW under the terms and conditions set forth above. CITY OF BURLINGAME, a municipal corporation Dated: 2007 By James Nantell City Manager APPROVED AS TO FORM: ATTEST: (City Attorney) (City Clerk) 2 MP. 1�Q _ , _ t b r „ 1 r l BAYsIDE FIELD #3 `.:�-' GUEST 9 HOME 2 TIME/ INN -0.1 BALL STRIKE OUT WE ffi DONATED BY UNION ELECTRICIANS � OF SAN MATEO COUNTY IBEW LOCAL#617 UP mt ��: � � } ��3�'bia� y �{{ {y *t Y as ,i`.'i 3 gs6x3Y� (•, b?�'* i � $i S l An x4.. CITY OF BURLINGAME PLANNING COMMISSION UNAPPROVED MINUTES 501 Primrose Road, Burlingame, CA April 23, 2007 Council Chambers I. CALL TO ORDER Chair Brownrigg called the April 23, 2007, regular meeting of the Planning Commission to order at 7:00 p.m. II. ROLL CALL Present: Commissioners Auran, Brownrigg, Cauchi, Deal, Terrones and Vistica, Osterling (arrived at 7:05 p.m.) Absent: Commissioners: none Staff Present: City Planner, Margaret Monroe; Zoning Technician, Lisa Whitman; City Attorney, Larry Anderson. III. MINUTES The minutes of the April 9, 2007 regular meeting of the Planning Commission were amended to correct page 6, item paragraph 3, line 1 , Chai Vice-Chair Deal and page 7 paragraph 2, line 1 , Vice-Chair Deal. The minutes were approved as amended. IV. APPROVAL OF AGENDA There were no changes to the agenda. V. FROM THE FLOOR There were no public comments. C. Osterling arrived at 7:05 p.m. Chair Brownrigg asked if all the Commissioners had visited all the sites of projects on tonight's agenda. All Commissioners indicated that they had. VI. STUDY ITEMS 1. 1249 CABRILLO AVENUE, ZONED R-1 — APPLICATION FOR A CREEK ENCLOSURE PERMIT FOR REPLACEMENT OF AN EXISTING WOOD DECK WITH A NEW CONCRETE DECK OVER A CREEK BED (JOHN & GAIL DISERENS, APPLICANT AND PROPERTY OWNER; JD & ASSOCIATES, DESIGNER) PROJECT PLANNER: ERICA STROHMEIER C. Deal noted that he would recuse himself from this item since he had a business relationship with the applicant. He stepped down from the dais and left the Council Chambers. CP Monroe presented a summary of the staff report. C. Cauchi noted that on his site visit he had spoken with the applicant. Asked staff to clarify the Fish and Game permit process for this project. CA noted that the agency's reviews are not always consistent, in terms of the timing of their comments. CP noted that there are some changes occurring regarding permit reviews at the Department of Fish and Game. Commissioner who works frequently with Fish and Game noted that to avoid wasting time the Fish and Game sometimes waits to comment until the local agency has completed their review. In this case there will be a letter by May 4, or the project will be considered approved as it stands. �. Commissioners asked: 0 A condition should be added to address possible Department of Fish and Game comments City of Burlingame Planning Commission Unapproved Minutes April 23, 2007 • Where will the planter and deck drain, at what location will the water enter the creek? • Who will restore and maintain the flow in the creek and the integrity of the wall? --� • Is there a deed restriction so that future owners of the property know what they are responsible for? • Is review by the San Francisco Regional Water Quality Control Board involved;need to know who is responsible for water quality in this reach of creek. • What CEQA compliance is required for this project? • Will the project be inspected during construction? Will that include NPDES compliance? Department of Fish and Game inspection? City inspection? • Need more detail on the submittal,including location of the construction equipment and information about the patio garden,including groundcover,amount of hard and soft scape,finished landscaping? • Need a revised engineering study,Kavanaugh's work indicates that the new slab will be 4 feet above the existing desk, that is not true; want to be sure capacity and flow are not restricted by new concrete covering; • Need to know who is responsible for water quality in this reach of creek; • No new concrete should be added in the creek. Chair Brownrigg moved that this item be placed on the consent calendar when all the comments have been addressed and there is room on an agenda. The motion was seconded by C. Auran. Chair Brownrigg called for a voice vote on the motion to place this item on the consent calendar when all the questions have been answered and checked by staff. The motion passed on a 6-0-1 (C. Deal abstaining) voice vote. This item concluded at 7:15 p.m. C. Deal returned to the chambers and took his seat on the dais. 2. 1412 CAPUCHINO AVENUE, ZONED R-1 —APPLICATION FOR FRONT SETBACK VARIANCE FOR A FIRST FLOOR PORCH ADDITION(MARK AND MAGALI LEIALOHA,APPLICANTS AND PROPERTY OWNERS;BLAISE DESCOLLONGES,RSS ARCHITECTURE,ARCHITECT)PROJECT PLANNER: RUBEN HURIN ZT Whitman presented the staff report. Commissioners' comments: • Note on plans that the property line is shown to be the same as the inner edge of the sidewalk, believe that this is an error, applicant should check with the planning department for the location of the edge of the city's right of way, and correct the plans. • Concerned about the size of some of the members to be used in construction of the porch, the weight/size of some of the construction components will result in a heavier appearance of the porch than the architectural style of the house can support,revise materials so visual weights match; • Existing picket fence needs to be repaired, show on plans; • Plans should be corrected to show that the Cyprus tree is gone; • A condition should be added that this variance is only for a porch to extend to the minimum 15' front setback,and that the area should never be enclosed for habitable space, and should the house ever be demolished the front setback variance should become void. • Applicant's letter addresses variance findings well,should also include in findings that 1924 house is being preserved,that there are a variety of front setbacks in this older neighborhood,that the 15 foot setback proposed is consistent with the city's minimum setback,that when the house was built there 2 City of Burlingame Planning Commission Unapproved Minutes April 23, 2007 probably was no established front setback or it was 15 feet; it is a goal of the design guidelines to encourage front porches on single family houses throughout the city. C. Osterling made a motion to bring this project back on the consent calendar when the revisions have been made to the plans and the plans checked. The motion was seconded by C. Terrones. Chair Brownrigg called for a voice vote on the motion to place this project on the consent calendar when the revisions have been made to the plans and checked. The motion passed on a 7-0 voice vote. This item concluded at 7:20 p.m. VII. ACTION ITEMS Consent Calendar-Items on the consent calendar are considered to be routine. They are acted on simultaneously unless separate discussion and/or action is requested by the applicant, a member of the public or a commissioner prior to the time the commission votes on the motion to adopt. Chair Brownrigg asked if anyone in the audience or on the Commission wished to call any item off the consent calendar. A citizen asked that the project at 329 Occidental Avenue be placed on the action calendar for a public hearing. Chair Brownrigg noted that the project at 329 Occidental Avenue would be moved to be the first action item on the regular action calendar. 3a. 160 CHAPIN LANE,ZONED R-1—APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR DECLINING HEIGHT ENVELOPE FOR A FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING (RANDY GRANGE, TRG ARCHITECTS, APPLICANT AND `.. ARCHITECT; AND BRIAN AND JENNIFER BESWICK, PROPERTY OWNER) (53 NOTICED) PROJECT PLANNER: LISA WHITMAN C. Cauchi moved approval of the consent calendar based on the facts in the staff report, commissioners comments and the findings in the staff report with recommended conditions in the staff report and by resolution. The motion was seconded by C. Auran. Chair Brownrigg called for a voice vote on the motion and it passed 7-0. Appeal procedures were advised. This item concluded at 7:22 p.m. VIII. REGULAR ACTION ITEM 3b. 329 OCCIDENTAL AVENUE,ZONED R-1 —APPLICATION FOR DESIGN REVIEW FOR A NEW, TWO-STORY SINGLE FAMILY DWELLING AND DETACHED GARAGE(RANDY GRANGE,TRG ARCHITECTS,APPLICANT AND ARCHITECT;JOE AND JULIA MCVEIGH,PROPERTY OWNERS) (49 NOTICED)PROJECT PLANNER: LISA WHITMAN Reference staff report April 23, 2007,with attachments. ZT Whitman presented the staff report,reviewed criteria and staff comments. Seventeen conditions were suggested for consideration. Chair Brownrigg noted that included in the packet was a letter of agreement between the two neighbors regarding the landscaping on the driveway side of the lot and on the driveway layout. Commission had no questions of staff. Chair Brownrigg opened the public hearing. Robert Bodreau, 333 Occidental Avenue spoke. Concerned about the mature hedge between his property and the applicant's. CP noted that there was a note on the 3 City of Burlingame Planning Commission Unapproved Minutes April 23, 2007 plans regarding the hedge but not a condition,one could be added to require submittal of an arborist's report establishing the status of the hedge and construction protection measures, and approval of the report by the City Arborist before issuance of a building permit which would require installation of the protection measures and their maintenance during construction. New hedge to be planted inside old hedge should be removed from the plan since plans show old hedge to be retained. C. Auran moved approval of the project by resolution with the amended condition that an arborist report including protection measures during construction,be provided for the existing side property line hedge on the right side of the project, that the report be approved by the city Arborist before issuance of a building permit for the project and the landscape plan be amended to remove the proposed hedge inside of the existing property line hedge, and that the protection measures for the hedge be installed and maintained throughout the construction of the project, with the following conditions: 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped March 14,2007,sheets Al.1,A2.1,A2.2,A3.1,A3.2,A3.3,A3.4,and April 11,2007,sheet L1.0,and that any changes to building materials,exterior finishes,footprint or floor area of the building shall require an amendment to this permit; 2. that an arborist report including protection measures during construction, be provided for the existing property line hedge on the right side of the property,that the report be approved by the City Arborist before issuance of a building permit for the project and the landscape plan be amended to remove the proposed hedge inside of the existing property line hedge,and that the protection measures for the hedge be installed and maintained throughout the construction of the project; -� 3. that the conditions of the Chief Building Official's December 15,2006 memo and January 25 2007 memo, the City Engineer's December 15, 2006 memo, the Fire Marshal's December 18, 2006 memo, the City Arborist's January 31,2007 memo,and the NPDES Coordinator's December 18,2006 memo shall be met; 4. that the magnolia tree in the front yard shall be replaced with a 36"box size tree,the replacement species shall be chosen from the Planning Department's Tree List and only from the medium-and large-sized trees, and the replacement tree shall be planted in the front yard within a reasonable proximity to the tree being removed; 5. that the pool equipment shall be located on the property and enclosed in a sound attenuating structure so that noise levels at property line shall meet city standards; 6. that demolition for removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 7. that any changes to the size or envelope of the first or second floors or garage,which would include adding or enlarging a dormer(s), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to Planning Commission review; 8. that prior to scheduling the foundation inspection a licensed surveyor shall locate the property corners and -� set the building footprint; 9. that prior to underfloor frame inspection the surveyor shall certify the first floor elevation of the new 4 City of Burlingame Planning Commission Unapproved Minutes April 23, 2007 structure(s) and the various surveys shall be accepted by the City Engineer; �- 10. that prior to scheduling the framing inspection the project architect or residential designer, or another architect or residential design professional,shall provide an architectural certification that the architectural details shown in the approved design which should be evident at framing, such as window locations and bays, are built as shown on the approved plans; architectural certification documenting framing compliance with approved design shall be submitted to the Building Division before the final framing inspection shall be scheduled. 11. that prior to scheduling the roof deck inspection,a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Department; 12. that prior to final inspection, Planning Department staff will inspect and note compliance of the architectural details(trim materials,window type,etc.)to verify that the project has been built according to the approved Planning and Building plans; 13. that all air ducts,plumbing vents,and flues shall be combined,where possible,to a single termination and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 14. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 Edition, as amended by the City of Burlingame; 15. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition,new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall require a demolition permit; 16. that during demolition of the existing residence,site preparation and construction of the new residence,the applicant shall use all applicable"best management practices" as identified in Burlingame's Storm Water Ordinance, to prevent erosion and off-site sedimentation of storm water runoff, 17. that the applicant shall comply with Ordinance 1503,the City of Burlingame Storm Water Management and Discharge Control Ordinance; and 18. that the project is subject to the state-mandated water conservation program, and a complete Irrigation Water Management Plan must be submitted with landscape and irrigation plans at time of permit application. The motion was seconded by C. Osterling. Chair Brownrigg called for a voice vote on the motion to approve the project with an amended condition requiring evaluation and protection of the hedge existing along the side property line during construction. The motion passed on a 7-0 voice vote. Appeal procedures were advised. This item concluded at 7:30 p.m. 5 City of Burlingame Planning Commission Unapproved Minutes April 23, 2007 IX. DESIGN REVIEW STUDY ITEMS 4. 1452 DRAKE AVENUE, ZONED R-1 - APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR DECLINING HEIGHT ENVELOPE FOR A NEW SINGLE FAMILY DWELLING AND DETACHED GARAGE (JAMES CHU, CHU DESIGN AND ENGINEERING, APPLICANT AND DESIGNER; DAN STRAMBI, PROPERTY OWNER) (59 NOTICED) PROJECT PLANNER: LISA WHITMAN CP Monroe briefly presented the project description. There were no questions of staff. Chair Brownrigg opened the public comment. James Chu, Chu Design and Engineering, 55 West 43rd Avenue, and Dan Strambi, property owner, 1436 Drake Avenue, represented the project. Issues noted: elevation and location of garage, water drainage and location of sump pump equipment, impact to neighboring properties, landscaping, electric gate, architectural detailing. There were no other comments from the floor and the public hearing was closed. Commissioners had the following comments regarding the project: • Proposed grade at the garage will increase T to 7'. Based on that,is a conditional use permit required for a garage 15' or more above natural grade? Staff to confirm and notify applicant; • Work to reduce amount of fill and lower the elevation of proposed garage;modify the design of the garage rather than the slope that it sits on; -� • Install pump so that water drains to street; • Was an attached garage towards the front of the property considered so that less fill would be required? • Add a condition requiring the sump pump(s)to be contained in the garage or other noise attenuating enclosure so that there will be no noise impact to neighboring properties; • Due to relatively large size of house, more tall plant material is needed in the front and in the rear; improve the landscape plan to provide more screening of the house; • Require, in the conditions of approval, that the house have an electric gate across the driveway; • Note on the plans the material of the downspouts and gutters,and show them properly on the plans; • Change the guardrail on the front stairs to a craftsman style; • Planning staff to confirm with City Engineer the volume of fill that will be required in the rear yard to achieve proposed elevations; • Construct story poles at garage location to represent finished height at four corners and ridgeline; survey; • There is a predominance of attached garages in this particular neighborhood because of the steep lot slopes. For now, explore lowering the garage height by reducing fill as opposed to moving the garage forward on the lot and attaching it to the proposed house; • On plans, include finished floor elevation of garage; • Include more fish tail shingles on the house to provide more texture to the side elevations; • Consult the Chief Building Official to confirm that exposed rafter tails can be located at firewall as shown; -� • City Arborist and Public Works to check health and status of large Acacia tree in easement adjacent to rear lot line. The CA noted this tree may be diseased,may be removed by the city,and may not be there to provide visual screen of structure. 6 City of Burlingame Planning Commission Unapproved Minutes April 23, 2007 C. Vistica made a motion place this item on the regular action calendar at a time when the following �— revisions have been made and plan checked. This motion was seconded by C. Cauchi. Chair Brownrigg called for a vote on the motion to place this item on the regular action calendar when plans had been revised as directed. The motion passed on a voice vote 7-0. The Planning Commission's action is advisory and not appealable. This item concluded at 7:55 p.m. 5. 1116 OXFORD ROAD, ZONED R-1 —APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING (ANGIE HU & NEIL HSU, APPLICANTS AND PROPERTY OWNERS;AND CHI-WING WONG,ARCHITECT) (52 NOTICED) PROJECT PLANNER: LISA WHITMAN ZT Whitman briefly presented the project description. There were no questions of staff. Chair Brownrigg opened the public comment. Chi-Wing Wong,architect,98 La Prenta Avenue,and Angie Hu,property owner, 3401 Pacific Boulevard,represented the project. Issues noted: existing house has two different architectural styles that are inconsistent with one another, difficult situation with existing contrasting designs, proposed design of addition does not integrate well with house, consistency of plans, building and window materials, demolition plan, scale issues, and garage. There were no other comments from the floor and the public hearing was closed. Commissioners had the following comments regarding the project: • Pick a single and preferred style for the house and reflect that in the proposed addition; • Revise the design so that a bad situation(with the prior addition) does not become worse; • Take advantage of this opportunity to make the addition and the house more appealing; • Consider pitching portions of roof that are flat or mansard; flat roof on this house does not integrate well with the original design; • Propose an improved window pattern that pulls the design together and appears more organized; • Reconsider high balcony on second floor and the impact that may have on neighbors. Planning Commission considers encroachment on neighbor's privacy when reviewing proposals for second story balconies; • The attempt to capture the timbering detail of Tudor in the rear could be better articulated; • Improve accuracy of plans and consistency among sheets; for example, the number of risers on staircase in not consistent among sheets,there is no basement but the plans show a stairway leading to a basement, etc; review all plans for consistency and accuracy and revise accordingly; • Proposed 2x8 floor joists that span 17' will create bouncy floor and will require the floor be constructed at a higher elevation than it is represented,which can affect structure height;review and revise accordingly; • If pursuing a Tudor style house,use simulated true divided lite or true divided light wood windows as are now located in the original house throughout(all windows); • The proposed project requires removal of entire roof;maximize that opportunity by constructing a new pitched roof that matches the character of the front of the house; • On Sheet A3.3 (north elevation),replace proposed metal rail with one that coordinates with the style of the house; • On Sheet A3.4, there is a problem of scale; overhangs on rafters are shown as 2x2, which is not possible; review all plans for issues of scale and revise plans accordingly; 7 City of Burlingame Planning Commission Unapproved Minutes April 23, 2007 • On left side of garage, cannot have the overhang proposed because of the location of the property line; • To facilitate access, add a "man door" to garage; • Consider adding steeper gables and Tudor elements to the first and proposed additions,especially the prominent west elevation, to improve the view of the house from the street. C.Vistica made a motion to send this project to a design reviewer with the comments made.The motion was seconded by C. Osterling. Comment on motion:provide design reviewer with a copy of the tape of the meeting,this project will benefit from the input of a design review consultant, should help expedite the process. Chair Brownrigg called for a vote on the motion to refer this item to a design reviewer. The item will be placed on the action calendar when plans have been revised. The motion passed on a voice vote 7-0. The Planning Commission's action is advisory and not appealable. This item concluded at 8:15 p.m. 6. 2561 POPPY DRIVE,ZONED R-1—APPLICATION FOR DESIGN REVIEW AND SPECIAL PERMIT FOR AN ATTACHED GARAGE FOR A FIRST AND SECOND STORY REMODEL(SAM AND MARIE FAILLACE,APPLICANTS AND PROPERTY OWNERS;AND MARK ROBERTSON,DESIGNER) (56 NOTICED) PROJECT PLANNER: ERICA STROHMEIER CP Monroe briefly presented the project description. There were no questions of staff. Chair Brownrigg opened the public comment. There was no representative for the project present. There were no comments from the floor. The public hearing was closed. Commissioners had the following comments regarding the project: • Revise the driveway design; because of the steep slope and tight curve, as proposed the driveway does not appear to be usable; need to add transitions to top and bottom of drive so that vehicles do not hit the garage door header or bottom out;provide a cross section of the driveway;Public Works and Planning need to review driveway profile and maneuverings; • Clarify whether all windows will be true divided liter or simulated true divided lites and make notation on the plans; • Provide complete demolition plan;there will be more going on than what is shown on the plans;for example, with the number of interior walls being removed it will be very difficult to save the roof (especially since it is tile); • Because of their orientation on the various sheets of the plans,the plans are difficult to read;revise the floor plans so that they are all oriented in the same direction; • Note elevation of finished floor on all the floor plans; it is unclear where duct work will go; especially on the lower floor; is the space between the floors adequate; show furnace and water heater on the plans; • Confirm all new walls are proposed on lower level; as proposed, the project does not appear to be buildable and there are functional questions; major revisions are required; • Unable to comment further without the applicant present to respond to questions; • Primary issue is buildability;cannot refer project to design review without applicant responding first to issues of buildability. 8 City of Burlingame Planning Commission Unapproved Minutes April 23, 2007 Chair Brownrigg made a motion to place this item on the regular action calendar at a time when the identified revisions have been made and plan checked. This motion was seconded by C. Deal. Chair Brownrigg called for a vote on the motion to place this item on the regular action calendar when plans had been revised as directed with the additional comment that because of buildability issues further disposition of the project to a design reviewer maybe made at the action meeting. The motion passed on a voice vote 7-0. The Planning Commission's action is advisory and not appealable. This item concluded at 8:25 p.m. X. PLANNER REPORTS - City Council regular meeting of April 16, 2007 CP Monroe gave a brief summary of the April 16, 2007, council actions. Commissioners were reminded about the Special Study Meeting on Tuesday,May 1,2007, in the Council Chambers; all Commissioners noted that they had received the study packet materials. - FYI: 1353 Vancouver Avenue—changes as requested by the Planning Commission to a previously approved design review project Commission noted an error in the title block of the landscape plans,the ownership of this property has changed. There were no comments on the request. - FYI: 110 Stanley Road—changes to a previously approved design review project There were no comments on the log. - FYI: Peninsula Hospital Complaint Log—March 2007 There was no comment on the request. XI. ADJOURNMENT Chair Brownrigg adjourned the meeting at 8:40 p.m. Respectfully submitted, David Cauchi, Secretary VAMINUTESWinutes unapproved 04.23.07.doc 9 CITY OF BURLINGAME Portfolio Management Portfolio Summary March 30, 2007 Par Market Book % of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. LAIF & County Pool 20,665,460.80 20,665,460.80 20,665,460.80 65.26 1 1 4.955 5.024 Federal Agency Issues - Coupon 11,000,000.00 10,970,640.00 11,000,000.00 34.74 1,091 641 4.579 4.643 31 ,665,460.80 31,636,100.80 31,665,460.80 100.00% 380 223 4.825 4.892 Investments Total Earnings March 30 Month Ending Fiscal Year To Date Current Year 125,752.07 1 ,042,507.14 Average Daily Balance 31 ,258,011.43 30,594,649.38 Effective Rate of Return 4.89% 4.56% Pursuant to State law, there are sufficient available funds to meet Burlingame's expenditure requirements for the coming 6 months. Total funds invested represent consolidation of all fund types, and av ' bility of some of these funds is restricted by law (e.g. Gas Tax, Trust & Agency funds, Capital Projects, and Enterprise funds). 1ze * y' SUS NA A, FINANCE DIR./TREASURER l7 Reporting period 03/01/2007-03/30/2007 Portfolio CITY CP Run Date: 04/11/2007 - 12:24 PM (PRF_PM1) SymRepl 6.41.202a Report Ver. 5.00 CITY OF BURLINGAME Portfolio Management Page 2 Portfolio Details - Investments March 30, 2007 Average Purchase Stated YTM Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date LAIF&County Pool SYS77 77 LOCAL AGENCY INV.FD. 14,058,771.28 14,058,771.28 14,058,771.28 5.214 5.214 1 SYS79 79 S M COUNTY POOL 6,606,689.52 6,606,689.52 6,606,689.52 4.620 Aaa 4.620 1 Subtotal and Average 20,258,011.43 20,665,460.80 20,665,460.80 20,665,460.80 5.024 1 Federal Agency Issues-Coupon 3133X9QV5 517 FEDERAL HOME LOAN BANK 12/22/2004 1,000,000.00 995,940.00 1,000,000.00 3.500 Aaa 3.500 83 06/22/2007 3133XDGM7 519 FEDERAL HOME LOAN BANK 10/24/2005 1,000,000.00 998,750.00 1,000,000.00 5.000 Aaa 4.817 573 10/24/2008 3133XDNL1 520 FEDERAL HOME LOAN BANK 11/17/2005 1,000,000.00 996,560.00 1,000,000.00 5.000 Aaa 5.000 597 11/17/2008 3133XE2W8 521 FEDERAL HOME LOAN BANK 12/28/2005 1,000,000.00 998,440.00 1,000,000.00 5.000 Aaa 5.000 272 12/28/2007 3133XGQM9 528 FEDERAL HOME LOAN BANK 09/18/2006 1,000,000.00 1,000,000.00 1,000,000.00 5.400 Aaa 5.400 902 09/18/2009 3133XJ6F0 531 FEDERAL HOME LOAN BANK 12/20/2006 1,000,000.00 994,060.00 1,000,000.00 5.025 Aaa 5.025 1,360 12/20/2010 3128X5LP1 529 FEDERAL HOME LOAN MORTG.CORP. 10/06/2006 1,000,000.00 998,260.00 1,000,000.00 5.250 Aaa 5.250 1,650 10/06/2011 3128X5SU3 532 FEDERAL HOME LOAN MORTG.CORP. 12/29/2006 1,000,000.00 997,690.00 1,000,000.00 5.220 Aaa 5.220 1,368 12/28/2010 3136F5TJ0 515 FANNIE MAE 04/27/2004 1,000,000.00 998,440.00 1,000,000.00 3.100 Aaa 3.100 27 04/27/2007 3136F6FZ7 516 FANNIE MAE 10/18/2004 , 1,000,000.00 992,500.00 1,000,000.00 3.820 Aaa 3.547 201 10/18/2007 31359MMP5 530 FANNIE MAE 12/01/2006 1,000,000.00 1,000,000.00 1,000,000.00 5.250 Aaa 5.215 15 04/15/2007 Subtotal and Average 11,000,000.00 11,000,000.00 10,970,640.00 11,000,000.00 4.643 641 Total and Average 31,258,011.43 31,665,460.80 31,636,100.80 31,665,460.80 4.892 223 Portfolio CITY CP Run Date:04/11/2007-12:24 PM(PRF_PM2)SymRepl 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 3 Portfolio Details - Cash March 30, 2007 Average Purchase Stated YTM Days to CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Average Balance 0.00 0 Total Cash and Investmentss 31,258,011.43 31,665,460.80 31,636,100.80 31,665,460.80 4.892 223 Portfolio CITY CP Run Date:04/11/2007-12:24 PM(PRF_PM2)SyrnRept 6.41.202a CITY OF BURLINGAME Portfolio Management Page 4 Activity By Type March 1, 2007 through March 30, 2007 Beginning Stated Transaction Purchases Redemptions Ending CUSIP Investment# Issuer Balance Rate Date or Deposits or Withdrawals Balance LAIF&County Pool (Monthly Summary) SYS79 79 S M COUNTY POOL 4.620 430,020.06 0.00 Subtotal 20,235,440.74 430,020.06 0.00 20,665,460.80 Federal Agency Issues-Coupon Subtotal 11,000,000.00 11,000,000.00 Total 31,235,440.74 430,020.06 0.00 31,665,460.80 Portfolio CITY CP Run Date:04/11/2007-12:24 PM(PRF_PM3)SymRept 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 5 Activity Summary March 2006 through March 2007 Yield to Maturity Managed Number Number Month Number of Total 360 365 Pool of Investments of Investments Average Average End Year Securities Invested Equivalent Equivalent Rate Purchased Redeemed Term Days to Maturity March 2006 11 28,865,253.49 3.750 3.802 3.721 1 0 361 192 April 2006 11 31,600,492.83 3.997 4.052 4.136 0 0 330 165 May 2006 15 34,904,265.49 4.169 4.227 4.293 4 0 317 155 June 2006 16 33,717,988.31 4.224 4.283 4.375 1 0 330 150 July 2006 16 32,218,943.80 4.307 4.367 4.539 0 0 346 143 August 2006 16 32,238,322.45 4.317 4.377 4.558 0 0 345 128 September 2006 14 30,514,724.43 4.326 4.386 4.500 1 3 379 158 October 2006 15 29,368,136.07 4.375 4.435 4.533 1 0 456 210 November 2006 14 26,276,897.39 4.464 4.526 4.812 0 1 496 211 December 2006 15 30,496,489.44 4.455 4.517 4.691 3 2 506 267 January 2007 14 29,678,426.66 4.672 4.737 4.780 0 1 410 260 February 2007 13 31,235,440.74 4.788 4.855 4.970 0 1 385 237 March 2007 13 31,665,460.80 4.825 4.892 5.024 0 0 380 223 Average 14 30,983,141.68 4.359% 4.420% 4.533 1 1 388 192 Portfolio CITY CP Run Date:04/11/2007-12:24 PM(PRF_PM4)SyrnRept 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 6 Distribution of Investments By Type March 2006 through March 2007 March April May June July August September October November December January February March Average Security Type 2006 2006 2006 2006 2006 2006 2006 2006 2006 2006 2007 2007 2007 by Period LAIF&County Pool 58.4 62.0 58.6 55.6 53.6 53.6 54.2 49.0 46.8 52.5 61.3 64.8 65.3 56.6% Certificates of Deposit-Bank -.1--.1'......-.............._........................._..._.................................................._......................._........._.................................................._.... .. . ....... .......... Certificates of Deposit-S&L Certificates of Deposit-Thrift&Ln _.. _. .... .....__..... _..... ...... ... ......................................................... .._............ .................. ..... __. ..... _.... _ ... . ._.. .. Negotiable CD's-Bank .........................................................................__._........................................................................_....._...................................................................... CORP NOTES Bankers Acceptances __..... .... ._ ..._.......... . ...... _.............. .................. .... _........ . _ Commercial Paper-Interest Bearing ....................................................._................................................................................................................_..........._......._.... ... ........................................................................................... Commercial Paper-Discount ..... ..._ .. ........_... . .... __....._ Federal Agency Issues-Coupon 41.6 38.0 37.2 40.0 41.9 41.9 44.2 49.4 51.4 45.9 37.1 35.2 34.7 41.4% _ _ ........... . ...... .. ...._.. ._...... . .. ...__..... ..,.... ..................... . ........ ....._.......... . . .... _ ._. _.._ .,_. . ._ Federal Agency Issues-Discount 4.2 4.3 4.6 4.5 1.6 1.6 1.8 1.6 1.6 .......... Treasury Securities-Coupon Treasury Securities-Discount ...... ....... .... . ... .......... . .. ._... . . . ........... ..............................................................: .. ..................... .. ....... ............ ....................................................................I ........ ............................. .. ........_ . _...._ _._....... Miscellaneous Securities-Coupon .....................................................................................................................__........................................... ................................... Miscellaneous Securities-Discount Non Interest Bearing Investments Mortgage Backed Securities ...................................................................................................................................................................................... . Miscellaneous Discounts-At Cost 2 Miscellaneous Discounts-At Cost 3 ................,....... ... . ....... ....... .. ........................ ..... _ .. . ..........._. ......... ..- ............. ................ ................. . ... ..._.... ....._.._.._. Portfolio CITY CP Run Date:04/11/2007-12:24 PM(PRF_PM5)SyrnRept 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 7 Interest Earnings Summary March 30, 2007 March 30 Month Ending Fiscal Year To Date CD/Coupon/Discount Investments: Interest Collected 27,000.00 408,337.77 Plus Accrued Interest at End of Period 165,924.31 165,924.31 Less Accrued Interest at Beginning of Period ( 149,953.47) ( 119,852.38) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period 42,970.84 454,409.70 Adjusted by Capital Gains or Losses 0.00 0.00 Earnings during Periods 42,970.84 454,409.70 Pass Through Securities: Interest Collected 0.00 0.00 Plus Accrued Interest at End of Period 0.00 0.00 Less Accrued Interest at Beginning of Period ( 0.00) ( 0.00) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period 0.00 0.00 Adjusted by Premiums and Discounts 0.00 0.00 Adjusted by Capital Gains or Losses 0.00 0.00 Earnings during Periods 0.00 0.00 Cash/Checking Accounts: Interest Collected 0.00 569,237.98 Plus Accrued Interest at End of Period 472,705.24 472,705.24 Less Accrued Interest at Beginning of Period ( 389,924.01) ( 453,845.78) Interest Earned during Period 82,781.23 588,097.44 Total Interest Earned during Period 125,752.07 1,042,507.14 Total Capital Gains or Losses 0.00 0.00 Total Earnings during Period 125,752.07 ; 1,042,507.14 Portfolio CITY CP Run Date:04/11/2007-12:24 PM(PRF_PM6)SymRept 6.41.202a Report Ver.5.00 PFMAsset Management . PROGRAM Investment Portfolio Information For CAMP-CITY OF BURLINGAME (116-00) Portfolio # 12510150 Section/Report Title A. Account Summary B. Detail of Securities Held C. Fair Market Values&Analytics D. Security Transactions&Interest E. Cash Transactions Report F. Realized Gains&Losses G. Cash Balance Report For The Month Ending March 31, 2007 CAMP-CITY OF BURLINGAME CA PFM Asset Management LLC*One Keystone Plaza*North Front&Market Streets,Suite 300*Harrisburg,PA 17101-2044*(717)232-2723 For more information,please contact your client manager: NSESA KAZADI (415)982-5544 KAZADIN@pfin.com PFMAsset I I PROGRAM 1 , i Account Summary: 12510150 CAMP-CITYOFBURLINGAME(116-00) MONTH ENDED: March 31,2007 (Excluding Cash) MARKET%OF YTM AT YTM AT DURATION SECURITY TYPE PAR VALUE AMORTIZED COST MARKT VALUE PORTFOLIO COST MARKET TO WORST FED AGY DN 1,000,000.00 998,591.67 998,412.85 100.000 5.191 5.203 0.029 TOTAL SECURTrIES 1,000,000.00 998,591.67 998,412.85 100.000 5.191% 5.203% 0.029 TOTAL INVESTMENTS 1,000,000.00 998,591.67 998,412.85 100.000% ACCRUED INTEREST 0.00 0.00 TOTAL PORTFOLIO $1,000,000.00 $998,591.67 $998,412.85 Disclosure Statement: PFM's monthly statement is intended to detail our investment advisory activity.The custodian bank maintains the control of assets and executes(i.e.settles)all investment transactions.The custodian statement is the official record of security and cash holdings and transactions.Only the client has the authority to withdraw funds from or deposit funds to the custodian and to direct the movement of securities.Clients retain responsibility for their internal accounting policies,implementing and enforcing internal controls and generating ledger entries or otherwise recording transactions.PFM recognizes that our clients may use these reports to facilitate record keeping,therefore the custodian bank statement and the PFM statement should be reconciled and differences resolved.PFM's market prices are derived from closing bid prices as of the last business day of the month as supplied by F.T.Interactive Data,Bloomberg or Telerate.Prices that fall between data points are interpolated. Non-negotiable FDIC insured bank certificates of deposit are priced at par. Please promptly report any inaccuracies or discrepancies on your account statement in writing to your client manager or to customer service. To protect your rights,if you report orally you should confirm in writing. A-1 Detail of Securities Held: 12510150 CAMP-CITY OFBURLINGAME(116-00) (Excluding Cash) MONTH ENDED: March 31,2007 SECURITY TYPE MATURITY S&P TRADE SETTLE ORIGINAL YTM ACCRUED AMORTIZED MARKET CUSIP DESCRIPTION PAR COUPON DATE RATING DATE DATE COST AT COST INTEREST COST VALUE FED AGY DN 313588EEI FNMA DISC NOTE 1,000,000 04/11/07 A-I+ 10/27/06 10/27/06 976,621.67 5.191 0.00 998,591.67 998,412.85 1,000,000 97 ,621. 7 5.191 0.00 998,591. 7 998,412.85 TOTAL SECURITIES $1,000,000 $976,621.67 5.191% $0.00 $998,591.67 $998,412.85 Issuers by Market Value Ratings by Market Value i [IFNMA S998,413 100 [3 A-1- $996,413100.0% rwc s99e,n31o9.9S Total: $996,413100.0% B-1 Fair Market Values & Analytics: 12510150 CAMP-CITYOFBURLINGAME(116-00) (Excluding Cash) MONTH ENDED: March 31,2007 SECURITY TYPE MATURITY FIRST CALL MARE1T MARKT UNREAL G/(L) UNREAL G/(L) DURATION YTM CUSIP DESCRIPTION PAR COUPON DATE DATE PRICE VALUE ON AMORT COST ON COST TO WORST AT MKT FED AGY DN 313588EEI FNMA DISC NOTE 1,000,000 04/11/07 99.841 998,412.85 (178.82) 21,791.18 0.029 5.203 SUBTOTALS $998,412.85 ($178.82) $21,791.18 0.029 5.203 % ACCRUED INTEREST ON INVESTMENT 0.00 TOTAL MARKET VALUE OF INVESTMENTS $998,412.85 C-I qp PFMAsset i i I PROGRAM Security Transactions & Interest: 12510150 CAMP-CITY OF BURLINGAME(116-00) (Excluding Cash) MONTH ENDED: March 31,2007 S&P MATURITY PRINCIPAL ACCRUED TRADE SETTLE TRAN TYPE SECURITY DESCRIPTION CUSIP RATING PAR COUPON DATE AMOUNT INTEREST TOTAL 03/15/07 03/15/07 INTEREST FHLMC GLOBAL REFERENCE NOTES 3134A4NW0 AAA 1,000,000 .4.875 03/15/07 0.00 24,375.00 24,375.00 1,000,000 0.00 24,375.00 24,375.00 03/15/07 03/15/07 MATURITY FHLMC GLOBAL REFERENCE NOTES 3134A4NW0 AAA 1,000,000 4.875 03/15/07 1,000,000.00 0.00 1,000,000.00 1,000,000 1,000,000.00 0.00 1,000,000.00 TOTAL SECURITY TRANSACTIONS 1,024,375.00 D-1 PFMAssetManqgementTLC- CAMP PROGRAM Cash Transactions Report: 12510150 CAMP-CITY OFBURLINGAME(116-00) MONTH ENDED: March 31,2007 CASH DATE TRANSACTION CODE TRANSACTION DESCRIPTION TOTAL AMOUNT 03/15/07 CW WITHDRAW (1,024,375.00) (1,024,375.00) NET CASH CONTRIIIUTIONS/(WITHDRAWS) ($1,024,375.00) E-1 PFMAsset Management ► PROGRAM Realized Gains and Losses: 12510150 CAMP-CITY OFBURLINGAME(116-00) (Excluding Cash) MONTH ENDED: March 31,2007 TRADE SETTLE PRINCIPAL REALIZED REALIZED DATE DATE TRAN TYPE SALE METHOD SECURITY DESCRIPTION CUSIP PAR VALUE COUPON PROCEEDS G/(L)COST G/(L)AMORT CST 03/15/07 03/15/07 MATURITY FHLMC GLOBAL REFERENCE NOTES 3134A4NW0 1,000,000 4.875 1,000,000.00 1,609.00 0.00 TOTAL GAINS AND LOSSES $1,609.00 $0.00 F-1 PFMAsset Management LLC- CAMP PROGRAM Cash Balance Report: 12510150 CAMP-CITY OFBURLINGAME(116-00) MONTH ENDED: March 31,2007 CASH BALANCE: $0.00 Earnines Calculation Templates Current Month-End Book Value + Add Coupon Interest Received + Current Month-End Accrued Interest + Less Purchased Interest Related to Coupons _ Less Purchases - Add/Subtract Gains or Losses on Cost For The Mth +/- Less Purchased Interest _ Total Cost Basis Earnings For The Month Add Disposals(Sales,Maturities,Paydowns,Sinks,etc.) + Add Coupon Interest Received + Less Previous Month-End Book Value - Less Previous Month-End Accrued Interest - Total Accrual Basis Earnings For The Month Economic Calendar 04/06/07 Change in Nonfarm Payrolls 04/17/07 Housing Starts 04/06/07 Unemployment Rate 04/17/07 Building Permits 04/13/07 Producer Price Index 04/24/07 Existing Home Sales 04/16/07 Advanced Retail Sales 04/25/07 Durable Goods Orders 04/16/07 Empire Manufacturing 04/25/07 New Home Sales 04/17/07 Consumer Price Index 04/27/07 1 st Quarter GDP Market Commentary Investors focused on a few words in the FOMC's post meeting statement,mixed economic data and geopolitical risks bringing volatility to all of the markets in March. The FOMC leftrates the same but changed the composition of their statement. The Fed opted to give itself more flexibility by eliminating their reference to"additional firming"and added"future policy adjustments". Markets took this to mean that the Fed is more likely to cut rates in the future than raise them. But the Fed maintained its view that inflation is the FOMC's main concern and not slowing growth. Economic data for March proved to be mixed with a tilt towards weakness. Subprime mortgages and a weak housing market weighed heavy on the market and durable goods orders disappointed again. On the strong side of the data,personal income and the Chicago Purchasing Managers report were better than expected. The Fed's point that future rate changes are dependent on future economic data is well taken. The market remains divided on the FOMC's next move as views on economic growth are varied. Emphasis is likely to be given to the job market,inflation and the evolution of the continued slowdown in the housing market as the FOMC accesses its position. G-1 City of Burlingame APRIL PERMIT ACTIVITY **Permit activity was up significantly over the same time last year. Permits were issued for two new homes and for one three-unit apartment building. In addition, Commercial permit activity was up four times compared to April of 2006. The permit was issued for the interior renovation and addition at the Garden Center site. ** There were no requests for pre-application meetings in April. ` THIS MONTH THIS MONTH LAST YEAR DIFF F. Y. 2007 F. Y.2006 DIFF Permit Type # # % # # % WATER HEATER 4 7,723 6 61294 23 41 645415 57 549361 18 SWIMMING POOL 2 865500 5 1035800 -17 SIGN 3 10,500 1 35500 200 41 2305095 27 735677 212 ROOFING 12 2425566 18 170,449 42 222 3,0323270 208 25508,181 21 RETAINING WALL 3 2741020 6 254,017 8 PLUMBING 12 151 ,600 10 331350 355 142 537,528 327 1 ,148,696 -53 NEW SFD 2 1520000 10 5,3695000 12 4,3459000 24 NEW COMMERCIAL NEW 5 UNIT APT OR CO 1 35500,000 NEW 3 OR 4 UNIT APT 1 650,000 1 6503000 MECHANICAL 2 133760 1 3,000 359 45 5619358 34 1555865 260 KITCHEN UPGRADE 1 225000 3 935000 -76 30 960,753 28 7235594 33 FURNACE 1 1 ,500 6 34,724 -96 18 1315496 35 1405175 -6 ELECTRICAL SERVICE 4 5, 180 6 12,800 -60 19 415930 12 783200 -46 City of Burlingame APRIL PERMIT ACTIVITY THIS MONTH THIS MONTH LAST YEAR DIFF F.Y. 2007 F. Y.2006 DIFF Permit Type # # % # # % ELECTRICAL 12 41,215 1 20,140 105 49 389,260 63 240,672 62 BATHROOM UPGRADE 4 29,800 4 95,000 -69 37 516,300 41 725,363 -29 ALTERATION RESIDENTI 28 1,769,295 25 563,450 214 267 13,862,736 343 12,594,478 10 ALTERATION NON RES 12 4,852,000 10 1,083,490 348 75 14,224,774 78 25,096,387 -43 Totals: 98 8,997,139 91 2,119,197 325 1,003 44,432,435 1,276 48,242,466 -8 Ccomcast Comcast Cable 12647 Alcosta Boulevard Suite 200 San Ramon,CA 94583 April 25, 2007 Mr. Jesus Nava APR 3 0 2007 City of Burlingame 501 Primrose Road Burlingame, CA. 94010 Dear Mr. Nava: On March 1, 2007 Comcast forwarded to your office the FCC Forms 1240 and 1205. The FCC Forms represent Comcast's annual filling for adjustments to the Limited Basic service level, equipment and installation prices The purpose of this !otter is to provide your cffice with the details of the ad 'u_-tments scheduled to take place on June 1, 2007. As you know, Comcast is committed to offering the best value in home entertainment in a competitive marketplace, providing a wide variety of programming and an array of packages to accommodate customers' preferences. We're also working every day to improve the customer experience. To meet increased demand for our products, we're hiring more than 4,000 call center and field service representatives on a company-wide basis, increasing appointment availability and investing in new customer care technologies. Due to increased investments we're making in technology, programming and customer care to bring our customers the best products and services beginning June 1, 2007 we are adjusting the prices on our installation and equipment. Price adjustments reflect the increased value of these services. There are no increases for our high-speed Internet or Digital Voice services. This is the fourth consecutive year that we have not increased our high-speed Internet prices. Additionally, current customer promotions will remain in effect until the promotion's scheduled expiration date. We will change the names of the following packages: Current Package June 1, 2007 Package Name Video Enhanced Cable Starter Digital Plus Preferred Digital Gold (w/HBO and Starz!) Preferred Plus Digital Platinum Premier Platinum Plus (where available) Premier Plus High Speed Internet 4MB/384K Performance Lite 6MB/384K Performance 8MB/768K Performance Plus Enclosed please find the detailed Legal Notice used to provide advanced notice to consumers regarding the adjustments. As always, if you have any questions about this or any other issue, please feel free to contact your local Government Affairs Director Lee-Ann Peling at (415) 715-0549. Sincerely, Mitzi Givens-Russell Government Affairs Franchise Compliance Manager- Bay Market Enclosure Notice of Price and Package Change Comcast All cities in San Mateo County and the County of San Mateo Effective for billing periods beginning on or after June 01, 2007, Comcast will make the following changes in the area(s) listed above with respect to its cable television pricing. EQUIPMENT FEE CURRENT PRICE NEW PRICE Remote Control $.20 $.20 Limited Basic only receiver $1.10 $1.00 DCT Receiver(Non-Basic only) $3.80 $3.50 HDTV Equipment Fee(without Digital Package) $5.00 $8.00 HDTV Equipment Fee(with Digital Package) $5.00 $7.00 Dual Cable-Card Digital Access $1.50 $1.79 INSTALLATION AND REPAIR FEE CURRENT PRICE NEW PRICE STANDARD INSTALLATIONS (Arial and within 125' of cable plant) Unwired $43.99 $38.99 Pre-wired $27.99 $25.99 Additional Outlet-Separate Trip $18.99 $20.99 VCR Connection-Separate Trip $12.99 $13.99 Downgrade of optional services(requiring separate trip) $10.99 $12.99 Hourly Service Charge $28.49 $30.99 Customer Video Service call $17.99 $19.99 Beginning June 1, we will begin charging a Convenience Fee and increasing our Reactivation Fees. Convenience Fee Notice: A Convenience Fee of$4.99 will be charged for any payment made by phone with a Customer Care Representative. REACTIVATION FEE (Customers in Non-Pay Status) CURRENT PRICE NEW PRICE Video Only Converter Reactivation $1.99 $1.99 CDV Modem Reactivation $1.99 $3.00 H.S.I. Modem Reactivation $1.99 $3.00 Video Converter/CD's'i"Wodem Reactivation $1.99 $4.99 Video Converter/H.S.I. Modem Reactivation $1.99 $4.99 CDV Modem/H.S.I. Modem Reactivation $1.99 $6.00 Video Converter/CDV Modem/H.S.I. Modem Reactivation $1.99 $7.99 Important Information:For customers receiving service through commercial accounts or bulk arrangements,some of the product,pricing,and other information contained herein may not apply.Please refer to the terms and conditions of the separate agreement covering these arrangements.Where such terms are inconsistent with the information in this notice,the terms and conditions of the separate agreement will apply.Prices for products or services not listed above are not changing on June 1,2007.All prices are exclusive of franchise fees,regulatory fees and taxes.Pricing,programming,channel location and packaging may change.After notice of a retiering of our services or rate increase,you may change your level of service at no additional charge for a period of 30 days.Otherwise,changes in the services you receive which are requested or caused by you,will be subject to upgrade and downgrade charges.If you have questions,please contact us at 1-800-COMCAST. COmcas l Comcast Cable � 12647 Alcosta Boulevard Suite 200 April 27, 2007 APR 3 1! 0 20(11 San Ramon,CA 94583 Mr. Jesus Nava City of Burlingame 501 Primrose Road Burlingame, CA 94010 Dear Mr. Jesus Nava: As you may already be aware, it is our goal at Comcast to ensure that your office remains informed of the programming services we offer to our customers who reside in your community. In pursuit of attaining our goal, we are sending you this letter to inform you of our intention to adjust the current programming on the existing channel line-up. Effective May 1, 2006 we will add Local Video-on-Demand at channel 179. Effective May 16, 2007 we will make the following adjustments: Action Channel Name Channel Location Level of Service Add KBCW High Def 712 HDTV Add NAT Geo High Def 715 HDTV Add A&E High Def 718 HDTV These changes will not result in a price adjustment at this time. If you should have any questions or concerns regarding the matter please feel free to contact your local Government Affairs Director, Lee-Ann Peling at (415) 715- 0549. Sincerely, Mitzi Givens-Russell Government Affairs Franchise Compliance Manager- Bay Market Co I 1 1 CCI St Comcast Cable ® 12647 Alcosta Boulevard Suite 200 San Ramon,CA 94583 March 26, 2007 Office:925.973.7000 ,L�o i www.comcast.com Mr. Jesus Nava � � City of Burlingame 501 Primrose Road Burlingame, CA 94010 Dear Mr. Jesus Nava: As you may already know, it is our, goal at Comcast to ensure that your office remains intormed of the programming services we offer to our subscribers who reside in your community. In pursuit of attaining our goal we are sending you this letter to inform you of programming adjustments to the channel line-up. Effective March 16, 2007 the following adjustments took place: Action Channel Name Channel Location Add Exercise TV 219 Video on Demand Add Free Movies 799 Video on Demand Add Free Movies HD 701 Video on Demand Add HBO 549 Video on Demand Add HD on Demand 700 Video on Demand Add Movies on Demand 800 Video on Demand Add Music HD 740 Video on Demand Add Premium Channels HD 548 Video on Demand Effective March 28, 2007 the following adjustments are scheduled to take place: Action Channel Name From Channel To Channel Add Ten 831 Pay Per View Remove Club Jenna 844 Pay Per View Remove Fresh! 851 Pay Per View Remove Hot Choice 831 ray Per View Customers were informed of the adjustments via a message on their Digital Control Terminal. If you should have any questions or concerns regarding the matter please feel free to contact your local Government Affairs Director, Lee-Ann Peling at (415) 715-0549. Sincerely, J�+.J�.;Jam• `_. -0- Mitzi _. .Mitzi Givens-Russell Government Affairs Franchise Compliance Manager-Bay Market