Loading...
HomeMy WebLinkAboutAgenda Packet - CC - 2015.06.01NGAME HALL City of Burlingame 8501 PRIMROSE ROAD 501 PRIMROSE ROAD BURLINGAME BURLINGAME, CA 94010 Meeting Agenda - Final City Council Monday, June 1, 2015 7:00 PM Council Chambers CLOSED SESSION - 5:45 p.m. - Conference Room A a. Approval of the Closed Session Agenda b. Closed Session Community Forum: Members of the Public Mav Address the Council on any Item on the Closed Session Agenda at this Time. C. Adjournment into Closed Session d. Conference with Legal Counsel — Potential Litigation - Gov. Code §54956.9 (a) and (d) (4): One Case STUDY SESSION - 6:15 p.m. - Conference Room A a. Joint Meeting with Parks & Recreation Commission Note: Public comment is permitted on all action items as noted on the agenda below and in the non -agenda public comment provided for in item 7. Speakers are asked to fill out a "request to speak" card located on the table by the door and hand it to staff, although the provision of a name, address or other identifying information is optional. Speakers are limited to three minutes each; the Mayor may adjust the time limit in light of the number of anticipated speakers. All votes are unanimous unless separately noted for the record. 1. CALL TO ORDER - 7:00 p.m. - Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. REPORT OUT FROM CLOSED SESSION 5. UPCOMING EVENTS 6. PRESENTATIONS City or Burlingame Page 1 Printed on 512812015 City Council Meeting Agenda - Final June 1, 2015 7. PUBLIC COMMENTS, NON -AGENDA Members of the public may speak about any item not on the agenda. Members of the public wishing to suggest an item for a future Council agenda may do so during this public comment period. The Ralph M. Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter that is not on the agenda. 8. APPROVAL OF CONSENT CALENDAR Consent calendar items are usually approved in a single motion, unless pulled for separate discussion. Any member of the public wishing to comment on an item listed here may do so by submitting a speaker slip for that item in advance of the Council's consideration of the consent calendar. a. Approve City Council Meeting Minutes of May 13 and May 18, 2015 Attachments: 5-13-15 Unapproved Minutes 5-18-15 Unapproved Minutes b. Adoption of an Ordinance Amending Title 18 of the Burlingame Municipal Code to Update Chapter 18.22 "Flood Damage Prevention" Attachments: Staff Report Ordinance Copy of Municipal Code section showing changes C. Adoption of an_ Ordinance of the Citv Council of the Citv of Burlinqame. Renewina and Reestablishing the Broadway Area Business Improvement District Attachments: Staff Report Ordinance d. Adoption of a Resolution Ordering and Calling a General Municipal Election to be Held on November 3, 2015 Attachments: Staff Report Resolution e. Adoption of a Resolution Memorializinq the City Council's Action with Respect Frank Wong's Appeal of the Planning Commission's April 13 2015 Denial without Prejudice of Applications for Design Review and Special Permits for Declining Height Envelope an Attached Garage, and a Basement for a New. Two -Story Single -Family Dwelling on Property Located at 1906 Easton Drive Attachments: Staff Report Resolution 9. PUBLIC HEARINGS (Public Comment) a. There are no Public Hearings. City of aurlingame Page 2 Printed on 5/2812015 City Council Meeting Agenda - Final June 1, 2015 10. STAFF REPORTS AND COMMUNICATIONS (Public Comment) a. Adoption of a Resolution Approving the Allocation of Fundinq for Communitv Service Organizations for Fiscal Year 2015-16 Attachments: Staff Report Resolution 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Council Members report on committees and activities and make announcements. 12. FUTURE AGENDA ITEMS 13. ACKNOWLEDGMENTS a. Commission Minutes: Traffic. Safety & Parking April 9 2015 b. Department Reports: Fire Quarterly Report - January - March 2015 14. 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 SPECIAL CITY COUNCIL MEETING - Tuesday, June 9,2015; NEXT REGULAR CITY COUNCIL MEETING - - Monday, June 15, 2015 VIEW REGULAR COUNCIL MEETING ONLINE AT WWW.BURLINGAME.ORG - GO TC "CITY COUNCIL VIDEOS" Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the Water Office counter at City Hall at 501 Primrose Road during normal business hours. City of Burlingame Page 3 Printed on 512812015 BURIJNGAME 40 BURLINGAME CITY COUNCIL Unapproved Minutes Regular Meeting of May 18, 2015 1. CALL TO ORDER Agenda Item 8a Meeting Date: 6/1/15 A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. Mayor Nagel called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG The pledge of allegiance was led by former Mayor and Councilmember Jerry Deal. 3. ROLL CALL MEMBERS PRESENT: Browmigg, Keighran, Nagel, Ortiz, Root MEMBERS ABSENT: None 4. REPORT OUT FROM CLOSED SESSION CA Kane advised that Council met in Closed Session, direction was given, and there was no reportable action at this time. Mayor Nagel reviewed the upcoming events taking place in the City. 6. PRESENTATIONS a. ADOPT -A -UNIT FLAG PRESENTATION Central County Fire Department Captain Ryan Klarich presented Mayor Nagel with a flag from Bravo Company of Fort Campbell, Kentucky. b. PRESENTATION BY PACIFIC GAS AND ELECTRIC COMPANY Scott Hart of Pacific Gas and Electric Company gave an update on the gas transmission pipeline maintenance, inspection and testing timeline. Mr. Hart also provided an update on electrical outages in South Burlingame. PUBLIC COMMENTS Burlingame resident Linda Lee spoke about cars speeding on Barroilhet Avenue. Burlingame City Council May 18, 2015 Unapproved Minutes Burlingame residents Cynthia Cornell and Melinda Nichols presented Council with a petition signed by 52 residents asking the City to adopt a just cause for eviction ordinance. There were no further public comments. 8. CONSENT CALENDAR Mayor Nagel asked the Councilmembers and the public if they wished to remove any items from the Consent Calendar. Councilmember Root removed item 8c, Vice Mayor Keighran removed items 8c and 8d; Councilmember Root said he would recuse from 8d; Councilmember Brownrigg removed item 8b. a. APPROVE THE CITY COUNCIL MEETING MINUTES OF MAY 4.2015 CC Kearney requested Council approve the City Council meeting minutes of May 4, 2015. Vice Mayor Keighran made a motion to approve item 8a; seconded by Councilmember Brownrigg. The motion was approved unanimously by voice vote, 5-0. b. ADOPTION OF A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN & ASSOCIATES. INC. FOR THE CALIFORNIA DRIVE ROUNDABOUT PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT Councilmember Brownrigg asked DPW Murtuza to provide additional information about this item. DPW Murtuza said this agreement is for engineering design services by Kimley-Horn to perform a study of the intersection near Stacks restaurant. DPW Murtuza said this is a very complicated, dangerous intersection and a traffic roundabout configuration has been identified as the solution. Mr. Murtuza advised that the San Mateo County Transportation Authority awarded the City $1,000,000 for the project. Council asked how long the traffic study would take and Traffic Engineer Augustine Chou said it would take at least three to four months for the public process and it could be as long as a year to get the design right. Council also asked if the study will consider the traffic impacts of the possible Summerhill project and the new Broadway overpass. Mr. Chou said that, as part of the design process, they have included simulations that show current conditions and future conditions. Councilmember Brownrigg stressed the need for public outreach since this intersection is a very important part of the downtown and we need to provide the public with as much information as possible. Mayor Nagel opened the item for public comment and Marci Palatella spoke and said her office building is across from Stacks and she agreed that this is a very dangerous intersection. There were no further comments. Vice Mayor Keighran made a motion to approve item Resolution No. 49-2015; seconded by Councilmember Root. The motion was approved unanimously by voice vote, 5-0. Burlingame City Council May 18, 2015 Unapproved Minutes c. ADOPTION OF A RESOLUTION MEMORIALIZING THE CITY COUNCIL'S ACTION WITH RESPECT TO MARK ROBERTSON'S APPEAL OF THE PLANNING COMMISSION'S MARCH 23.2015 DENIAL WITH PREJUDICE OF APPLICATIONS FOR DESIGN REVIEW AND A SPECIAL PERMIT FOR CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE AT 1516 HOWARD AVENUE Vice Mayor Keighran commented that the resolution did not state that Council gave direction that the item should go to design review. CDD Meeker clarified that it was stated in section two, page two of the resolution. CA Kane also provided additional clarification on the action taken. Vice Mayor Keighran made a motion to approve Resolution No. 50-2015; seconded by Councilmember Brownrigg. The motion was approved by voice vote, 4-1 (Mayor Nagel voted no). d. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH PANORAMA ENVIRONMENTAL, INC. TO PERFOM ENVIRONMENTAL REVIEW SERVICES RELATED TO THE MULTI- FAMILY RESIDENTIAL DEVELOPMENT PROJECT AT 1128-1132 DOUGLAS AVENUE AND 524 OAK GROVE AVENUE Vice Mayor Keighran questioned why only the front portion of the home on Douglas was being moved and not the back portion of the home. CDD Meeker clarified that the front portion of the home has been deemed historical under CEQA. Mr. Meeker said the applicant has chosen to relocate the front of the house to Oak Grove as a mitigation, thus making this a two prong project. Councilmember Brownrigg motion to approve Resolution No. 51-2015; seconded by Vice Mayor Keighran. The motion was approved by voice vote, 4-0-1 (Councilmember Root recused). 9. PUBLIC HEARINGS a. CITY COUNCIL CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S DENIAL WITHOUT PREJUDICE OF APPLICATIONS FOR DESIGN REVIEW AND SPECIAL PERMITS FOR DECLINING HEIGHT ENVELOPE, AN ATTACHED GARAGE, AND A BASEMENT FOR A NEW TWO-STORY SINGLE FAMILY DWELLING ON PROPERTY AT 1906 EASTON DRIVE LOCATED WITHIN A SINGLE-FAMILY RESIDENTIAL (R-1) ZONE CDD Meeker reviewed the staff report and advised that the applicant proposes to demolish an existing single -story family dwelling and detached carport to a build a new, two-story single family dwelling with an attached garage and basement. Mr. Meeker said the April 13, 2015 staff report to the Planning Commission is attached to this staff report and provides a detailed analysis of the proposal. CDD Meeker further advised that the Planning Commission denied the applicant's request without prejudice at their April 13, 2015 meeting. Mr. Meeker said the Planning Commission's concerns focused on the compatibility of the proposed design with the neighborhood, in particular the proposed plate height, the flat roof, and the requested encroachment into the declining height envelope. The Commission also recommended a garage door with additional detailing. Mayor Nagel opened the public hearing and the applicant Frank Wong spoke and said the Planning Commission did not provide him with any direction for his project. Mr. Wong said he does not agree with Burlingame City Council May 18, 2015 Unapproved Minutes the Planning Commission's finding that the home does not fit in with the neighborhood and provided examples of homes in the area with flat roofs and attached garages. Mayor Nagel opened the hearing to the public and there were no comments. The applicant's designer Jerry Deal spoke and said only one Commissioner commented about the flat roof. Mr. Deal also commented that his client wasn't afforded the opportunity to have all seven Commissioners at the meeting and there were only four of them in attendance. Council questions and discussion followed and although some of the Councilmembers did not object to the design of the house, they agreed that it does not fit in with design review guidelines that the architectural design of residences be compatible with the neighborhood character. Councilmember Brownrigg made a motion to deny the appeal and uphold the Planning Commission's denial without prejudice and recommended sending it to design review; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. b. PUBLIC HEARING AND ADOPTION OF BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT (BID) ASSESSMENTS FOR FISCAL YEAR 2015-2016, AND INTRODUCTION OF AN ORDINANCE TO REESTABLISH THE DISTRICT FinDir Augustine reviewed the staff report and requested Council consider both the fiscal year 2015-16 assessments for the Broadway Business Improvement District and introduce an ordinance reestablishing the District. Mayor Nagel requested that the City Clerk read the proposed ordinance. Vice Mayor Keighran made a motion to waive further reading and introduce the ordinance; seconded by Councilmember Ortiz. The motion was approved unanimously by voice vote, 5-0. Mayor Nagel directed the City Clerk to publish a summary of the proposed ordinance within five days of the public hearing. Mayor Nagel opened the public hearing. There were no comments from the floor, and the hearing was closed. CC Kearney reported that no protests were received. Councilmember Brownrigg made a motion to adopt Resolution No. 52-2015 establishing and levying the 2015-16 assessments for the Broadway Business Improvement District; seconded by Vice Mayor Keighran. The motion was approved unanimously by voice vote, 5-0. c. PUBLIC HEARING TO RENEW THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE DOWNTOWN BURLNGAME AVENUE STREETSCAPE IMPROVEMENT PROJECT FOR FISCAL YEAR 2015-16 DPW Murtuza reviewed the staff report and requested Council adopt the Burlingame Avenue Streetscape Improvements Assessment Resolution. Mayor Nagel opened the public hearing. There were no comments from the floor, and the hearing was closed. 4 Burlingame City Council May 18, 2015 Unapproved Minutes Vice Mayor Keighran made a motion to adopt Resolution No. 53-2015 to renew the levy and collection of assessments for the downtown Burlingame Avenue Streetscape Improvement Project for Fiscal Year 2015- 16; seconded by Councilman Root. The motion was approved unanimously by voice vote, 5-0. Vice Mayor Keighran thanked the Burlingame Avenue property owners for partnering with the City and sharing the costs to make Burlingame Avenue look the way it does today. Vice Mayor Keighran also thanked the staff for all their efforts and working with the businesses during the construction. d. PUBLIC HEARING TO INTRODUCE AN ORDINANCE AMENDING TITLE 18 OF THE BURLINGAME MUNICIPAL CODE TO UPDATE CHAPTER 18.22 "FLOOD DAMAGE PREVENTION" DPW Murtuza reviewed the staff report and said that the Federal Emergency Management Agency (FEMA) informed the City that the City's existing ordinance needs to be updated to be in compliance with FEMA requirements. Mr. Murtuza said the City's current ordinance has not been updated since 1981. Mayor Nagel requested that the City Clerk read the proposed ordinance. Vice Mayor Keighran made a motion to waive further reading and introduce the Ordinance; seconded by Councilmember Ortiz. The motion was approved unanimously by voice vote, 5-0. Mayor Nagel directed the City Clerk to publish a summary of the proposed Ordinance within five days of the public hearing. Mayor Nagel opened the public hearing. There were no comments from the floor, and the hearing was closed. Councilmember Browmigg made a motion to bring the ordinance back for adoption; seconded by Vice Mayor Keighran The motion was approved unanimously by voice vote, 5-0. 10. STAFF REPORTS AND COMMUNICATIONS a. UPDATE ON THE STATE WATER RESOURCE CONTROL BOARD (SWRCB) MANDATORY WATER CONSERVATION REGULATIONS AND ADOPTION OF A RESOLUTION IMPLEMENTING WATER USE RESTRICTIONS IN COMPLIANCE WITH STATE REQUIREMENT DPW Murtuza introduced Assistant Public Works Director Art Morimoto who gave a presentation updating the State of California Mandatory Water Conservation Regulations. Mr. Morimoto said Burlingame is a Tier 4 Category requiring a 16% water reduction. Mr. Morimoto noted that the State Water Resource Control Board shows that Burlingame is already conserving approximately 17% of water use compared to the baseline consumption period. APWD Morimoto reviewed proposed water use restrictions that included outside irrigation shall only be permitted on Monday and Thursday, the recommended limit is 15 minutes per station, and irrigation is prohibited between the hours of 7:00 a.m, and 7:00 p.m. Mr. Morimoto said there would be extensive public outreach through mailings, the City website, City hotline, and community organizations. Mayor Nagel opened the public hearing and Burlingame residents Brian Benn and Donna Colson spoke on the item. Burlingame City Council May 18, 2015 Unapproved Minutes Council discussion followed and Councilmember Brownrigg made a motion to declare that a water shortage exists; seconded by Councilmember Ortiz. Councilmember Root made a motion to adopt Resolution No. 54-2015 as written but change the hours that irrigation is prohibited from 7:00 a.m. to 6:00 p.m., and to add that broken or defective sprinklers, or irrigation systems that leak, must be repaired within 24 hours or the system will be turned off until the repairs are made; seconded by Councilmember Ortiz. Councilmember Brownrigg amended the motion to ask staff to develop an FAQ on the City website concerning graywater. There was not consensus among the Councilmembers that the motion be amended. CM Goldman said staff would address the graywater issue in the very near future at a regular Council meeting or at a study session. The original motion was approved unanimously by voice vote, 5-0. b. POLICY DISCUSSION REGARDING THE REGULATION OF SECONDHAND SMOKE IN MULTI -UNIT HOUSING CM Goldman spoke and said she and CA Kane prepared the staff report that presents some points for discussion concerning the regulation of secondhand smoke in multi -unit housing. CM Goldman and CA Kane both have experience with the regulation of secondhand smoke in other cities where they have worked and they briefly shared their experiences. Council questions and discussion followed and Councilmember Brownrigg noted for the record that he was contacted by the California Apartment Association. He said they advised him that they have a neutral position on this matter and asked that the City consult with them before moving forward with adopting an ordinance. CM Goldman said that they also contacted her and she told them we were not adopting an ordinance at this meeting, but just having a discussion. She assured the Council that she and the City Attorney would meet with them and get their input if Council decided to move forward with regulating secondhand smoke. Mayor Nagel opened the item for public input and the following individuals spoke in support of regulating secondhand smoke in multi -unit housing: Louise Bekins, Leanne Porter, Carole Selzer, Tania Dubrovsky Karen Licavoli, Olga Radom, and Zakiya Hussein. There were no further comments. The Councilmembers agreed to move forward with considering regulating secondhand smoke in multi -unit housing, but that it not be implemented for at least a year or more. Council would also like considerable public outreach and provide designated areas where smoking is allowed. Council also recommended that City staff discuss with San Mateo County as to how their smoking ordinance is written. 11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS Due to the late hour, Council postponed this item until the next meeting. 12. FUTURE AGENDA ITEMS There were no future agenda items. 13. 6 Burlingame City Council May 18, 2015 Unapproved Minutes 14. ADJOURNMENT Mayor Nagel adjourned the meeting at 11:00 p.m. Respectfully submitted, Mary Ellen Kearney City Clerk Burlingame City Council May 18, 2015 Unapproved Minutes STAFF REPORT AGENDA NO: 8b 0 MEETING DATE: June 1, 2015 To: Honorable Mayor and City Council Date: June 1, 2015 From: Syed Murtuza, Director of Public Works — (650) 558-7230 Kathleen Kane, City Attorney — (650) 558-7263 Subject: Adoption of an Ordinance Amending Title 18 of the Burlingame Municipal Code to Update Chapter 18.22 "Flood Damage Prevention" Staff recommends that the City Council adopt the attached ordinance amending Title 18 of the Burlingame Municipal Code to update Chapter 18.22 "Flood Damage Prevention" by: 1. Adopting the proposed ordinance. 2. Directing the City Clerk to publish a summary of the ordinance within 15 days of adoption. BACKGROUND The City of Burlingame has been a participant with the National Flood Insurance Program (NFIP) since 1981, with the adoption of the first Flood Insurance Rate Map (FIRM) and Burlingame Municipal Code Chapter 18.22 "Flood Damage Prevention," which outlines floodplain management measures. The last amendment to this Code chapter was adopted in 1987. In January 2015, the Federal Emergency Management Agency (FEMA) informed the City that administrative changes and an updated FIRM have been completed for this community. In addition, FEMA informed staff that the City's existing ordinance needs to be updated to be in compliance with FEMA requirements by no later than June 16, 2015. As a result, staff has updated Chapter 18.22 of the Burlingame Municipal Code with FEMA's input and coordination. The major amendments to Chapter 18.22 include the following: • Section 18.22.100 "Definitions" —This section has been updated to reflect updated references and missing definitions as required by FEMA. • Section 18.22.320 "Basis for establishing the areas of special flood hazard" — This section has been updated to include language providing that future map revisions by FEMA will be automatically adopted. • Section 18.22.420 "Designation of the Floodplain Administrator' — This section has been updated to reflect the proper designation for the Floodplain Administrator (reflected in all other pertinent Sections) u Adoption of an Ordinance Amending Title 18 of the Burlingame June 1, 2015 Municipal Code to Update Chapter 18.22 "Flood Damage Prevention" • Section 18.22.431 "Permit review" — This section includes the language for the use of a Letter of Map Revision or Conditional Letter of Map Revision as it pertains to the building permit review process. • Section 18.22.432 "Use of other base flood data" — This section adds a resource location for residents to search for information on base flood elevations. The amendments described above reflect required revisions and provide additional clarifications to assist the residents and City staff to administer the floodplain management measures. Further, the amended ordinance will allow automatic adoption of future Flood Insurance Studies and FIRM's for the community. Additionally, FEMA is in the process of adopting a new Flood Insurance Study and FIRM for this area. The recently released preliminary FIRM shows no significant changes to the existing flood hazard area for Burlingame. FEMA has reviewed the proposed amendments to Chapter 18.22, and has indicated the amendments meet its requirements. The City Council held a public hearing at the May 18`h Council meeting and introduced the ordinance. Staff recommends that Council adopt the attached ordinance amending Title 18 of the Municipal Code to update Chapter 18.22. Adoption of these amendments will bring the floodplain management measures up to date and provide continued flood insurance coverage for properties in our community. FISCAL IMPACT The proposed amendments to Chapter 18.22 are administrative in nature, and no fiscal impact is anticipated at this time. Exhibits: • Ordinance • Copy of Municipal Code section showing changes K ORDINANCE NO. AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 18 OF THE BURLINGAME MUNICIPAL CODE TO UPDATE CHAPTER 18.22 "FLOOD DAMAGE PREVENTION' The City Council of the City of Burlingame does hereby ordain as follows: Section 1. Factual Background and Findings. WHEREAS, the City of Burlingame is a participant with the National Flood Insurance Program (NFIP) since 1981 with the adoption of a Flood Insurance Rate Map (FIRM) and Chapter 18.22 "Flood Damage Prevention; and WHEREAS, Chapter 18.22 "Flood Damage Prevention" outlines the floodplain management measures and was last updated in 1987; and WHEREAS, the Federal Emergency Management Agency (FEMA) that oversees the NFIP has informed the City of Burlingame that Chapter 18.22 "Flood Damage Prevention" ordinance is outdated and needs to be updated for compliance with FEMA regulations; and WHEREAS, to ensure continued coverage under the NFIP, amendments to various sections of Chapter 18.22 are necessary; and WHEREAS, adoption of these amendments will bring the floodplain management measures up to date and provide continued flood insurance coverage for properties in our community. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: Section 2. Title 18 of the Burlingame Municipal Code is amended as follows: (a) Chapter 18.22, is amended under Title 18 of the Burlingame Municipal Code and shall read as follows: Chapter 18.22 FLOOD DAMAGE PREVENTION 18.22.010 Findings of fact. (a) The flood hazard areas of the city of Burlingame are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. 1211 § 1, (1981)) 18.22.020 Statement of purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (a) Protect human life and health; (b) Minimize expenditure of public money for costly flood control projects; (c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (d) Minimize prolonged business interruptions; (e) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (f) Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; (g) Insure that potential buyers are notified that property is in an area of special flood hazard; and (h) Insure that those who occupy the area of special flood hazard assume responsibility for their actions. (Ord. 1211 § 1, (1981)) 18.22.030 Methods of reducing flood losses. In order to accomplish its purpose, this chapter includes methods and provisions for: (a) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters: (d) Controlling filling, grading, dredging and other development which may increase flood damage; and (e) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 1211 § 1, (1981)) 18.22.100 Definitions. Unless specifically defined below, words or phrases in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "A zone" See "Special flood hazard area." "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter or a request for a variance. "Area of shallow flooding" means a designated AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard." See "special flood hazard area." "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "one -hundred -year flood"). "Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, and VE that indicates the water surface elevation resulting from a flood that has a 1 -percent or greater chance of being equaled or exceeded in any given year. 'Basement' means any area of the building having its floor subgrade (below ground level) on all sides. "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any building to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: (1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of a base flood. "Coastal high hazard area" is the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as zones V1 — V30. "Conditional Letter of Map Revision (CLOMR)" means a comment letter from FEMA that addresses a development that upon construction would affect the hydrologic or hydraulic characteristics of a flooding source and result in the modification of the existing regulatory floodway, the Base Flood Elevations, or Special Flood Hazard Area. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of floodwaters; (2) The unusual and rapid accumulation or runoff of surface waters from any source; and/or (3) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. "Flood boundary and floodway map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the city. "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source (see "flood"). "Floodplain Administrator" is the community official designated by title to administer and enforce the floodplain management regulations. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway." "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Letter of Map Revision (LOMR)" means a letter from FEMA that describes the modification to an effective Flood Insurance Rate Map. "Lowest floor' means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on flood insurance rate map are referenced. "New construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the city. "One -hundred -year flood" means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this chapter. "Person" means an individual or his or her agent, firm, partnership, association or corporation or agent of the aforementioned groups, or this state or its agencies or political subdivisions. "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impact may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. "Riverine" means relating to, performed by or resembling a river (including tributaries), stream, brook, etc. "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach. "Sheet flow area" See "Area of shallow flooding." "Special flood hazard area (SFHA)" means an area having special flood or flood -related erosion hazards, and shown on an FHBM or FIRM as zone A, AH, Al —A30 and V1 — V30. "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Substantial improvement" means any repair, reconstruction or improvement of a structure the cost of which equals or exceeds fifty percent of the market value of the structure either: (1) Before the improvement or repair is started; or (2) If the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (3) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or (4) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. "Violation" means the failure of structure or other development to be fully compliant with the city's floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. (Ord. 1211 § 1, (1981); Ord. 1326 § 1, (1986); Ord. 1351 § 1, (1987)) "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. 18.22.310 Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Burlingame. (Ord. 1211 § 1, (1981)) 18.22.320 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in "The Flood Insurance Study for the City of Burlingame," dated March 16, 1981, with an accompanying Flood Insurance Rate Maps (FIRM'S) , and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator. The Flood Insurance Study is on file at the Public Works Engineering Department, City Hall, 501 Primrose Road, Burlingame, California. (Ord. 1211 § 1, (1981); Ord. 1326 § 2, (1986)) 18.22.330 Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. (Ord. 1211 § 1, (1981)) 18.22.340 Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other ordinance, easement, covenant or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 1211 § 1, (1981)) 18.22.350 Interpretation. In the interpretation and application of this chapter, all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the governing body; and (c) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 1211 § 1, (1981)) 18.22.360 Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of Burlingame, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 1211 § 1, (1981)) 18.22.410 Establishment of development permit. For the purposes of this chapter, "development permit' shall mean a development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 18.22.320. Application for a development permit shall be made on forms furnished by the building official and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required. (a) Proposed elevation in relation to mean sea level of the lowest habitable floor (including basement) of all structures; (b) Proposed elevation in relation to mean sea level to which any structure will be floodproofed; (c) All appropriate certifications listed in Section 18.22.433; and (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.420 Designation of the Floodplain Administrator. The City Engineer is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 1211 § 1, (1981)) 18.22.430 Duties and responsibilities of Floodplain Administrator. Duties of the Floodplain Administrator shall include but not be limited to those set forth in Sections 18.22.431 through 18.22.435. (Ord. 1211 § 1, (1981)) 18.22.431 Permit review. The Floodplain Administrator shall review all development permits to determine that: (a) The permit requirements of this chapter have been satisfied; (b) All other required state and federal permits have been obtained; (c) The site is reasonably safe from flooding; (d) The proposed development does not adversely affect the carrying capacity of the floodway. For purposes of this chapter, "adversely affects' means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) (e) All Letter of Map Revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letter of Map Revision (CLOMR's). 18.22.432 Use of other base flood data. When base flood elevation data has not been provided in accordance with Section 18.22.320, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer this chapter. (Ord. 1211 § 1, (1981)) NOTE: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas — A Guide for Obtaining and Developing Base (100 -year) Flood Elevations' dated July 1995. 18.22.433 Information to be obtained and maintained. The Floodplain Administrator shall obtain and maintain for public inspection and make available as needed for flood insurance policies; (a) The certification required in Section 18.22.513 (a) (floor elevations); (b) The certification required in Section 18.22.513 (b) (elevations in areas of shallow flooding); (c) The certification required in Section 18.22.513 (c) (elevation or floodproofing of nonresidential structures); (d) The certification required in Section 18.22.513 (d) (1) or (2) (wet floodproofing standard); (e) The certified elevation required in Section 18.22.540 (b) (subdivision standards); (f) The certification required in Section 18.22.560 (1) (floodway encroachments); (g) The information required in Section 18.22.570 (coastal construction standards). (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.434 Alteration of watercourses. The Floodplain Administrator shall: (a) Notify adjacent communities and the department of water resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; (b) Require that the flood -carrying capacity of the altered or relocated portion of the watercourse is maintained. (Ord. 1211 § 1, (1981)) 18.22.435 Interpretation of FIRM boundaries. The Floodplain Administrator shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 18.22.610 et seq. (Ord. 1211 § 1, (1981)) 18.22.510 Standards. The following standards are required in all areas of special flood hazards. (Ord. 1211 § 1,(1981)) 18.22.511 Anchoring. (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrostatic and hydrodynamic loads, including the effect of buoyance. (b) All manufactured homes shall meet the anchoring standards of Section 18.22.550 (a). (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.512 Construction materials and methods. (a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improvements shall be constructed using methods and practices that minimize damage. (c) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (d) Require within zone AH adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.513 Elevation and floodproofing. (a) New construction and substantial improvement of any structure shall have the lowest habitable floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subsection (c) of this section. Upon completion of the structure, the elevation of the lowest habitable floor including basement shall be determined by a registered professional engineer or surveyor and provided to the Floodplain Administrator. (b) New construction and substantial improvement of any structure in zone AH shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two (2) feet if no depth number is specified. Nonresidential structures may meet the standards in subsection (c) of this section. Upon completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. (c) Nonresidential construction shall either be elevated in conformance with subsection (a) or (b) of this section, or together with attendant utility and sanitary facilities: (1) Be floodproofed so that below the base flood level is watertight with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator. (d) In all new construction and substantial improvements fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (1) Either a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or (2) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration. (e) Manufactured homes shall also meet the standards in Section 18.22.550. (Ord. 1211 § 1, (1981); Ord. 1326 § 3, (1986); Ord. 1351 § 1, (1987)) 18.22.520 Standards for storage of materials and equipment. (a) The storage or processing of materials that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited. (b) Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (Ord. 1211 § 1, (1981)) 18.22.530 Standards for utilities. (a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters; (b) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 1211 § 1, (1981)) 18.22.540 Standards for subdivisions. (a) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. (b) All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. (c) All subdivision proposals shall be consistent with the need to minimize flood damage. (d) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (e) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (Ord. 1211 § 1, (1981)) 18.22.550 Standards for manufactured homes. All new and replacement manufactured homes and additions to manufactured homes shall: (a) Be elevated so that the lowest floor is at or above the base flood elevation; and (b) Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.560 Floodways. Located within areas of special flood hazard established in Section 18.22.320 are areas designed as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply: (a) Prohibit encroachments, including fill, new construction, substantial improvements and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; (b) If subsection (a) of this section is satisfied, all new construction and substantial improvement shall comply with all other applicable flood hazard reduction provisions of Sections 18.22.510 through 18.22.570. (Ord. 1351 § 1, (1987)) 18.22.570 Coastal high hazard area. Coastal high hazard areas (V zones) are located within the areas of special flood hazard established in Section 18.22.320. These areas have special flood hazards associated with high velocity waters from coastal and tidal inundation or tsunamis; therefore the following provisions shall apply. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.571 Location of structures. (a) All buildings or structures shall be located landward of reach of the mean high tide. (b) The placement of manufactured homes shall be prohibited. (Ord. 1211 § 1, (1981)) 18.22.572 Construction methods. (a) Elevation. All buildings or structures shall be elevated so that the lowest supporting member (excluding piles and columns) is located no lower than the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in subsection (c) of this section. (b) Structural Support. (1) All buildings or structures shall be securely anchored on pilings or columns. (2) Pilings or columns used as structural support shall be designed and anchored so as to withstand all impact forces and buoyancy factors of the base flood. (3) Fill used for structural support will be allowed only with permit from the Floodplain Administrator. (c) Space Below the Lowest Floor. (1) Any alteration, repair, reconstruction or improvement to a structure started after the enactment of the ordinance codified in this chapter shall not enclose the space below the lowest floor unless breakaway walls are used as provided in this section. (2) Breakaway walls may be allowed below the base flood elevation provided they are not a part of the structural support of the building and are designed so as to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which they are to be used. (3) If breakaway walls are utilized, such enclosed space shall not be used for human habitation. (4) Prior to construction, plans for any structure that will have breakaway walls must be submitted to the Floodplain Administrator for approval. (d) The Floodplain Administrator shall obtain and maintain the following records: (1) Certification by a registered engineer or architect that a proposed structure complies with subsections (a) and (b) of this section; (2) The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. (Ord. 1211 § 1, (1981); Ord. 1326 § 4, (1986); Ord. 1351 § 1, (1987)) 18.22.610 Appeals board. The planning commission shall hear and decide appeals and requests for variances from the requirements of this chapter. (Ord. 1211 § 1, (1981)) 18.22.611 Appeal procedure. (a) The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Floodplain Administrator in the enforcement or administration of this chapter. Any person may appeal such decision to the city council as provided in Sections 25.16.070 and 25.16.080. (b) In passing upon such appeals, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges. (Ord. 1211 § 1, (1981)) 18.22.612 Variances. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided subdivisions (1) through (11) in Section 18.22.611(b) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (Ord. 1211 § 1,(1981)) 18.22.613 Variance conditions. Upon consideration of the factors of Section 18.22.611 and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Ord. 1211 § 1, (1981)) 18.22.614 Variance records. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 1211 § 1, (1981)) 18.22.620 Conditions for variances. (a) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. (b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Variances shall be issued only upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance shall not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or notices. (Ord. 1211 § 1, (1981)) 18.22.621 Notice. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. 1211 § 1, (1981)) Section 3. The Public Works Department is directed to take necessary actions to implement this ordinance. Section 4. The City Clerk is directed to publish this ordinance in the manner required by law. Terry Nagel, Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a public hearing occurred at a regular meeting of the City Council held on the 4h day of May, 2015, and adopted thereafter at a regular meeting of the City Council held on the 1't day of June, 2015, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Mary Ellen Kearney, City Clerk Chapter 18.22 FLOOD DAMAGE PREVENTION 18.22.010 Findings of fact. (a) The flood hazard areas of the city of Burlingame are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. 1211 § 1, (198 1)) 18.22.020 Statement of purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (a) Protect human life and health; (b) Minimize expenditure of public money for costly flood control projects; (c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (d) Minimize prolonged business interruptions; (e) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; (f) Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; (g) Insure that potential buyers are notified that property is in an area of special flood hazard; and (h) Insure that those who occupy the area of special flood hazard assume responsibility for their actions. (Ord. 1211 § 1, (198 1)) 18.22.030 Methods of reducing flood losses. In order to accomplish its purpose, this chapter includes methods and provisions for: (a) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters: (d) Controlling filling, grading, dredging and other development which may increase flood damage; and (e) Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. (Ord. 1211 § 1, (1981)) 18.22.100 Definitions. Unless specifically defined below, words or phrases in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. "A zone" See "Special flood hazard area." "Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this chapter or a request for a variance. "Area of shallow flooding" means a designated AH zone on the flood insurance rate map (FIRM). The base flood depths range from one to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard." See "special flood hazard area." "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood"). "Base flood elevation" (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, and VE that indicates the water surface elevation resulting from a flood that has a 1-percent or greater chance of being equaled or exceeded in any given year. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. "Breakaway walls" are any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any building to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: (1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of a base flood. "Coastal high hazard area" is the area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as zones V 1 — V30. "Conditional Letter of Map Revision (CLOMR)" means a comment letter from FEMA that addresses a development that upon construction would affect the hydrologic or hydraulic characteristics of a flooding source and result in the modification of the existing regulatory floodway, the Base Flood Elevations, or Special Flood Hazard Area. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) The overflow of floodwaters; (2) The unusual and rapid accumulation or runoff of surface waters from any source; and/or (3) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. "Flood boundary and floodway map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. "Flood insurance rate map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the city. "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the FIRM, the flood boundary and floodway map, and the water surface elevation of the base flood. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source (see "flood"). "Floodplain Administrator" is the community official designated by title to administer and enforce the floodplain management regulations. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. "Floodproofmg" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as `regulatory floodway." "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Letter of Map Revision (LOMR)" means a letter from FEMA that describes the modification to an effective Flood Insurance Rate Map. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty consecutive days. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale or rent. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on flood insurance rate map are referenced. "New construction" means, for floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the city. "One -hundred -year flood" means a flood which has a one percent annual probability of being equaled or exceeded. It is identical to the "base flood," which will be the term used throughout this chapter. "Person" means an individual or his or her agent, firm, partnership, association or corporation or agent of the aforementioned groups, or this state or its agencies or political subdivisions. "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impact may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. "Riverine" means relating to, performed by or resembling a river (including tributaries), stream, brook, etc. "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds landward of the beach. "Sheet flow area" See "Area of shallow flooding." "Special flood hazard area (SFHA)" means an area having special flood or flood -related erosion hazards, and shown on an FHBM or FIRM as zone A, AH, Al — A30 and VI — V30. "Start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. "Substantial improvement" means any repair, reconstruction or improvement of a structure the cost of which equals or exceeds fifty percent of the market value of the structure either: (1) Before the improvement or repair is started; or (2) If the structure has been damaged, and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: (3) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or (4) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places. "Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. "Violation" means the failure of structure or other development to be fully compliant with the city's floodplain management regulations. A structure or other development without the elevation certificate, other certifications or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. (Ord. 1211 § 1, (1981); Ord. 1326 § 1, (1986); Ord. 1351 § 1, (1987)) "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. 18.22.310 Lands to which this chapter applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Burlingame. (Ord. 1211 § 1, (1981)) 18.22.320 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in "The Flood Insurance Study for the City of Burlingame," dated March 16, 1981, with an accompanying Flood Insurance Rate Maps (FIRM'S), and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator. The Flood Insurance Study is on file at the Public Works Engineering Department, City Hall, 501 Primrose Road, Burlingame, California. (Ord. 1211 § 1, (1981); Ord. 1326 § 2, (1986)) 18.22.330 Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. (Ord. 1211 § 1, (1981)) 18.22.340 Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this chapter and other ordinance, easement, covenant or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 1211 § 1, (198 1)) 18.22.350 Interpretation. In the interpretation and application of this chapter, all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the governing body; and (c) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 1211 § 1, (1981)) 18.22.360 Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of Burlingame, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 1211 § 1, (1981)) 18.22.410 Establishment of development permit. For the purposes of this chapter, "development permit' shall mean a development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 18.22.320. Application for a development permit shall be made on forms furnished by the building official and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required. (a) Proposed elevation in relation to mean sea level of the lowest habitable floor (including basement) of all structures; (b) Proposed elevation in relation to mean sea level to which any structure will be floodproofed; (c) All appropriate certifications listed in Section 18.22.433; and (d) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.420 Designation of the Floodplain Administrator. The City Engineer is appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions. (Ord. 1211 § 1, (1981)) 18.22.430 Duties and responsibilities of Floodplain Administrator. Duties of the Floodplain Administrator shall include but not be limited to those set forth in Sections 18.22.431 through 18.22.435. (Ord. 1211 § 1, (1981)) 18.22.431 Permit review. The Floodplain Administrator shall review all development permits to determine that: (a) The permit requirements of this chapter have been satisfied; (b) All other required state and federal permits have been obtained; (c) The site is reasonably safe from flooding; (d) The proposed development does not adversely affect the carrying capacity of the floodway. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) (e) All Letter of Map Revision (LOMR's) for flood control projects are approved prior to the issuance of building permits. Building Permits must not be issued based on Conditional Letter of Map Revision (CLOMR's). 18.22.432 Use of other base flood data. When base flood elevation data has not been provided in accordance with Section 18.22.320, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data available from a federal, state or other source in order to administer this chapter. (Ord. 1211 § 1, (1981)) NOTE: A base flood elevation may be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas — A Guide for Obtaining and Developing Base (100 -year) Flood Elevations" dated July 1995. 18.22.433 Information to be obtained and maintained. The Floodplain Administrator shall obtain and maintain for public inspection and make available as needed for flood insurance policies; (a) The certification required in Section 18.22.513 (a) (floor elevations); (b) The certification required in Section 18.22.513 (b) (elevations in areas of shallow flooding); (c) The certification required in Section 18.22.513 (c) (elevation or floodproofing of nonresidential structures); (d) The certification required in Section 18.22.513 (d) (1) or (2) (wet floodproofmg standard); (e) The certified elevation required in Section 18.22.540 (b) (subdivision standards); (f) The certification required in Section 18.22.560 (1) (floodway encroachments); (g) The information required in Section 18.22.570 (coastal construction standards). (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.434 Alteration of watercourses. The Floodplain Administrator shall: (a) Notify adjacent communities and the department of water resources prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency; (b) Require that the flood -carrying capacity of the altered or relocated portion of the watercourse is maintained. (Ord. 1211 § 1, (198 1)) 18.22.435 Interpretation of FIRM boundaries. The Floodplain Administrator shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 18.22.6 10 et seq. (Ord. 1211 § 1, (198 1)) 18.22.510 Standards. The following standards are required in all areas of special flood hazards. (Ord. 1211 § 1, (1981)) 18.22.511 Anchoring. (a) All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrostatic and hydrodynamic loads, including the effect of buoyance. (b) All manufactured homes shall meet the anchoring standards of Section 18.22.550 (a). (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.512 Construction materials and methods. (a) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (b) All new construction and substantial improvements shall be constructed using methods and practices that minimize damage. (c) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (d) Require within zone AH adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.513 Elevation and floodproofing. (a) New construction and substantial improvement of any structure shall have the lowest habitable floor, including basement, elevated to or above the base flood elevation. Nonresidential structures may meet the standards in subsection (c) of this section. Upon completion of the structure, the elevation of the lowest habitable floor including basement shall be determined by a registered professional engineer or surveyor and provided to the Floodplain Administrator. (b) New construction and substantial improvement of any structure in zone AH shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM, or at least two (2) feet if no depth number is specified. Nonresidential structures may meet the standards in subsection (c) of this section. Upon completion of the structure the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator. (c) Nonresidential construction shall either be elevated in conformance with subsection (a) or (b) of this section, or together with attendant utility and sanitary facilities: (1) Be floodproofed so that below the base flood level is watertight with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Floodplain Administrator. (d) In all new construction and substantial improvements fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (1) Either a minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwaters; or (2) Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration. (e) Manufactured homes shall also meet the standards in Section 18.22.550. (Ord. 1211 § 1, (1981); Ord. 1326 § 3, (1986); Ord. 1351 § 1, (1987)) 18.22.520 Standards for storage of materials and equipment. (a) The storage or processing of materials that are in time of flooding buoyant, flammable, explosive or could be injurious to human, animal or plant life is prohibited. (b) Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (Ord. 1211 § 1, (1981)) 18.22.530 Standards for utilities. (a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters; (b) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 1211 § 1, (1981)) 18.22.540 Standards for subdivisions. (a) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. (b) All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator. (c) All subdivision proposals shall be consistent with the need to minimize flood damage. (d) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (e) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage. (Ord. 1211 § 1, (198 1)) 18.22.550 Standards for manufactured homes. All new and replacement manufactured homes and additions to manufactured homes shall: (a) Be elevated so that the lowest floor is at or above the base flood elevation; and (b) Be securely anchored to a permanent foundation system to resist flotation, collapse or lateral movement. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.560 Floodways. Located within areas of special flood hazard established in Section 18.22.320 are areas designed as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply: (a) Prohibit encroachments, including fill, new construction, substantial improvements and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; (b) If subsection (a) of this section is satisfied, all new construction and substantial improvement shall comply with all other applicable flood hazard reduction provisions of Sections 18.22.510 through 18.22.570. (Ord. 1351 § 1, (1987)) 18.22.570 Coastal high hazard area. Coastal high hazard areas (V zones) are located within the areas of special flood hazard established in Section 18.22.320. These areas have special flood hazards associated with high velocity waters from coastal and tidal inundation or tsunamis; therefore the following provisions shall apply. (Ord. 1211 § 1, (1981); Ord. 1351 § 1, (1987)) 18.22.571 Location of structures. (a) All buildings or structures shall be located landward of reach of the mean high tide. (b) The placement of manufactured homes shall be prohibited. (Ord. 1211 § 1, (1981)) 18.22.572 Construction methods. (a) Elevation. All buildings or structures shall be elevated so that the lowest supporting member (excluding piles and columns) is located no lower than the base flood elevation level, with all space below the lowest supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in subsection (c) of this section. (b) Structural Support. (1) All buildings or structures shall be securely anchored on pilings or columns. (2) Pilings or columns used as structural support shall be designed and anchored so as to withstand all impact forces and buoyancy factors of the base flood. (3) Fill used for structural support will be allowed only with permit from the Floodplain Administrator. (c) Space Below the Lowest Floor. (1) Any alteration, repair, reconstruction or improvement to a structure started after the enactment of the ordinance codified in this chapter shall not enclose the space below the lowest floor unless breakaway walls are used as provided in this section. (2) Breakaway walls may be allowed below the base flood elevation provided they are not a part of the structural support of the building and are designed so as to break away under abnormally high tides or wave action without damage to the structural integrity of the building on which they are to be used. (3) If breakaway walls are utilized, such enclosed space shall not be used for human habitation. (4) Prior to construction, plans for any structure that will have breakaway walls must be submitted to the Floodplain Administrator for approval. (d) The Floodplain Administrator shall obtain and maintain the following records: (1) Certification by a registered engineer or architect that a proposed structure complies with subsections (a) and (b) of this section; (2) The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. (Ord. 1211 § 1, (1981); Ord. 1326 § 4, (1986); Ord. 1351 § 1, (1987)) 18.22.610 Appeals board. The planning commission shall hear and decide appeals and requests for variances from the requirements of this chapter. (Ord. 1211 § 1, (1981)) 18.22.611 Appeal procedure. (a) The planning commission shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Floodplain Administrator in the enforcement or administration of this chapter. Any person may appeal such decision to the city council as provided in Sections 25.16.070 and 25.16.080. (b) In passing upon such appeals, the planning commission shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and: (1) The danger that materials may be swept onto other lands to the injury of others; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (4) The importance of the services provided by the proposed facility to the community; (5) The necessity to the facility of a waterfront location, where applicable; (6) The availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage; (7) The compatibility of the proposed use with existing and anticipated development; (8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (9) The safety of access to the property in times of flood for ordinary and emergency vehicles; (10) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and (11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges. (Ord. 1211 § 1, (1981)) 18.22.612 Variances. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided subdivisions (1) through (11) in Section 18.22.611(b) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (Ord. 1211 § 1, (1981)) 18.22.613 Variance conditions. Upon consideration of the factors of Section 18.22.611 and the purposes of this chapter, the planning commission may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (Ord. 1211 § 1, (198 1)) 18.22.614 Variance records. The Floodplain Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. (Ord. 1211 § 1, (1981)) 18.22.620 Conditions for variances. (a) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. (b) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (d) Variances shall be issued only upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance shall not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or notices. (Ord. 1211 § 1, (1981)) 18.22.621 Notice. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. 1211 § 1, (1981)) aSTAFF REPORT AGENDA NO: 8c MEETING DATE: June 1, 2015 To: Honorable Mayor and City Council Date: June 1, 2015 From: Carol Augustine, Finance Director—(650) 558-7222 Kathleen Kane, City Attorney — (650) 558-7204 Subject: Adoption of an Ordinance of the City Council of the City of Burlingame, Renewing and Reestablishing the Broadway Area Business Improvement District RECOMMENDATION Staff recommends that the City Council adopt the following ordinance, by title only: "An Ordinance of the City Council of the City of Burlingame, Renewing and Reestablishing the Broadway Area Business Improvement District" DISCUSSION The City Council held a public hearing and introduced the attached ordinance and on May 18, 2015. No changes were requested; the City Clerk was asked to publish a summary of the ordinance at least five days before its proposed adoption, which was scheduled the June 2, 2015 City Council meeting. FISCAL IMPACT None. Exhibit: • Ordinance to renew and establish the Broadway Area Business Improvement District 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BURLINGAME RENEWING AND REESTABLISHING THE BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT WHEREAS Ordinance No. 1461 established the Broadway Area Business Improvement District, including boundaries of the District, and provisions of that ordinance were codified in Chapter 6.52 of the Municipal District; and WHEREAS the District was renewed and reestablished by Ordinance No. 1524 to extend to June 30, 1998; and WHEREAS the District was renewed and reestablished to extend to June 30, 2003, with a reduction of the number of members of the advisory board from eleven to seven, by Ordinance No. 1592; and WHEREAS the District has been renewed and reestablished every five years by resolution since that time with the annual approval of assessments; and WHEREAS the renewal of the District without a five-year limitation appears to be an appropriate and efficient means of serving the public interest for which the District was formed; and WHEREAS procedures exist under state law for dissolving the District should that become advisable in the future, thereby obviating the need for a predetermined termination date for the District; and WHEREAS the businesses and properties within the District will continue to be benefited by the proposed improvements and activities for which the annual assessments are levied; and WHEREAS the City of Burlingame intends to continue to provide for a public hearing as required prior to the approval of each annual proposed assessment; NOW, THEREFORE, the City Council of the City of Burlingame does hereby find, declare and ordain as follows: Section 1: Pursuant to Sections 36500 et seq. of the Streets & Highways Code and City Council Resolution No. 38-2015, Resolution Of The City Council Of The City Of Burlingame Declaring Its Intention To Renew The Broadway Area Business Improvement District, To Establish 2015-16 Assessments For The Broadway Area Business Improvement District, And Approving The 2014-15 Annual Report, adopted April 20, 2015, due notice was given of a public hearing on the reestablishment and amendment to the Broadway Area Business Improvement District, a public hearing was duly held on May 18, and all comments and evidence received and considered. Written protests from businesses in the District paying fifty percent or more of the proposed assessment were not received or were otherwise withdrawn by the close of the public hearing. Section 2. The Broadway Area Business Improvement District, as described and governed by Ordinance 1461 and Chapter 6.52 of the Municipal Code, is hereby reestablished, and Section 4 of the Ordinance 1461, is hereby deleted. With this action, the Broadway Area Business Improvement District shall be deemed to have been in full force and effect continuously since its last renewal. Section 3. This ordinance supersedes any conflicting provisions of Ordinance Nos. 1461, 1524, and 1592. Businesses in the District shall be subject to amendments to the Parking and Business Improvement District Area Law of 1989 (Streets & Highways Code sections 36500 and following). Section 4. This ordinance shall be published in accordance with law and shall take effect thirty (3 0) days after the date of its adoption. Terry Nagel, Mayor I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council on May 18, 2015, and adopted at a regular meeting of the City Council held on the day of 2015, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEM 3ERS: ABSENT: COUNCILMEMBERS: MARY ELLEN KEARNEY, City Clerk 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO.1 5.0 ORDINANCE OF THE CITY OF BURLINGAME RENEWING THE BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT FOR FIVE YEARS AND REDUCING THE NUMBER OF ADVISORY BOARD MEMBERS FROM ELEVEN TO SEVEN The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. (a) Ordinance No. 1461 established the Broadway Area Business Improvement District, including boundaries of the District, and provisions of that ordinance were placed in Chapter 6.52 of the Municipal District. The District was renewed and reestablished by Ordinance No. 1524 to extend to June 30, 1998. (b) The Broadway Area Business Improvement District Advisory Board has asked the City Council to renew and reestablish the District for an additional five years and to approve reduction of the number of members of the advisory board from eleven to seven. (c) These proposed changes and assessments seemfair and equitable and would servethe public interest for which the District was formed. The businesses and the properties within the District will continue to be benefitted by the proposed improvements and activities for which the assessments are to be levied. (d) Pursuant to Sections 36500 and following of the Streets & Highways Code and City Council Resolution No. 19-98 [RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DECLARING ITS INTENTION TO RENEW THE BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT AND TO ESTABLISH 1998-1999 ASSESSMENTS FORTHEBROADWAY AREABUSINESS IMPROVEMENTDISTRICT] adopted April 6,1998, due notice was given of public hearings on the reestablishment and amendment to the Broadway Area Business Improvement District, public hearings were duly held on May 4 and June 1, 1998, and all comments and evidence received and considered. (e) Written protests from businesses in the District paying fifty percent or more of the proposed assessment were not received or otherwise withdrawn by the close of the second public hearing. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 2. The Broadway Area Business Improvement District, as described and governed by Ordinance 1461 and Chapter 6.52 of the Municipal Code, is hereby reestablished for a period of five (5) years and Section 4 of Ordinance 1461, is hereby amended to read as follows: "Except for any necessary purposes.of collecting unpaid assessments, this ordinance shall have no further force and effect after June 30, 2003." Section 3. Section 6.52.030 is amended to read as follows: 6.52.030 Advisory Board. There shall be an Advisory Board, which shall consist of seven members. Members shall be elected for a term of two years by the businesses participating in the District. Voting shall be based on the value of the benefit assessments. The members of the board shall be classified so that the terms of four (4) members shall expire during one year, and the terms of the other three members shall expire the following year. The Board shall be incorporated as a non-profit corporation. Board members shall represent businesses which have currently paid the annual benefit assessment. The Board shall make recommendations to the City Council on expenditure of District revenues, make an annual report for each fiscal year for which assessments are levied, and do those things required by the Streets and Highways Code to be performed by the Advisory Board, Section 4. This ordinance supersedes any conflicting provisions of Ordinance Nos. 1461 and 1524. Businesses in the District shall be subject to amendments to the Parking and Business Improvement District Area Law of 1989 (Streets & Rghways Code sections 36500 and following). Section 5. This ordinance shall be published in (3 0) days after the date of its adoption. -2- rith law and shall take effect thirty C l 1 2 3 4, 51 61 7 8, 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1, Judith A. Malfatti, City Clerk ofthe City of Burlingame, do hereby certify that the foregoing Ordinance was introduced at a meeting of the City Council of the City of Burlingame on May 4 , 1998. and the Ordinance was duly adopted at a regular meeting of the City Council on June t , 1 199 S 1 by the following vote: AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE L City Clerk l� CAWP51\Fn.FS\Biclbrdwy\ord2cha g98.bid.wpd -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN cm An"", CITY OF BURLINGAME COI PRIMROSE ROAD I URUNGMAE. G F.94010 ORDINANCE No. 1524 ORDINANCE AMENDING "SUNSET" PROVISION AND REESTABLISHING BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT The CITY COUNCIL of the CITY OF BURLINGAME does hereby find and ordain as follows: Section 1. Pursuant to Sections 36500 et secr. of the Streets and Highways Code a public hearing was held on May 1, 1995, after having given due notice thereof as required by law, on the reestablishment of the Broadway Area Business Improvement District. All oral and written protests and other comments regarding such proposed action were heard. Protests from businesses in the district paying fifty percent or more of the proposed assessment were not received at said meeting. Section 2. The Broadway Area Business Improvement District is hereby reestablished as more fully set forth in Ordinance 1461 and Chapter 6.52 of the Burlingame Municipal Code. Section 3. Section 4 of ordinance 1461, establishing a termination date for the Broadway Area Improvement District, is hereby amended to read as follows: "This ordinance shall have no force or effect after June 30, 1998." Section 4 This ordinance shall be published as required by law. Mayor 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME P. COLEMAN CRY AT QRNEY Cl" OF BURLINGAME BOI PRIMROSE ROAD BURLINGAME. CAUF. G<GIO I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 1St day of MAY , 1995, and adopted thereafter at a regular meeting of the City Council held on the 15th day of MAY 1995, by the following vote: AYES: COUNCILMEMBERS: HARRISON, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PAG RO City Clerk K 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CRY ATTORNEY CITY OF BURLMOAME 001 PRIMROSE ROAD BURIJN E.CAJKMO10 ORDINANCE NO. 1461 AN ORDINANCE OF THE CITY OF BURLINGAME ADDING CHAPTER 6.52 TO THE BURLINGAME MUNICIPAL CODE ESTABLISHING THE BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT The CITY COUNCIL of the CITY OF BURLINGAME does hereby ORDAIN as follows: SECTION 1, FINDINGS A. Pursuant to the Parking and Business Improvement Area Law of 1989, Section 36500, Streets and Highways Code, on March 16, 1992, the CITY OF BURLINGAME adopted Resolution No. 23-92 , entitled "Resolution of the City Council of the City of Burlingame Declaring its Intention to Establish the Broadway Area Business Improvement District", to levy a benefit assessment on all businesses, trades, professions, and vendors within said District, the proceeds of which shall be used for the public purposes herein described to benefit the businesses in the District. B. Pursuant to said law and the Resolution, the City conducted a public hearing on April 6, 1992, after having given due notice thereof as required by law. All oral and written protests and other comments regarding such proposed actions were heard. Protests from businesses in 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN OF ATTORNCY CRY OF BURLINME 401 PRIM ROAD BURMNOMfE. CALIF.940f 0 the proposed District paying fifty percent (50%) or more majority of the proposed assessment were not received at said meeting. C. Following the closure of said hearing the matter was continued to June 1, 1992 for decision by this Council; further written comments were received and considered prior to and at said continued meeting. D. The City Council has now determined to establish the proposed District as a parking and business improvement area, to provide for the imposition of a benefit assessment and to adopt an ordinance to such effect. E. Assessments levied through the District will benefit all businesses and properties within the District directly or indirectly, and are not taxes for the general benefit of the City but confer special benefits upon the businesses for which the actives are provided. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN AS FOLLOWS: SECTION 2: Chapter 6.52 is hereby added to the Burlingame Municipal Code, providing as follows: "Chapter 6.52 BROADWAY AREA IMPROVEMENT DISTRICT Section 6.50.010 - Definitions. In order to distinguish between District businesses and for the purpose of calculating and applying the amount of assessments owed, the following definitions shall apply: 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CRY AT,OgREY CIT' OF SURLINOAME 501 PRIMROSE ROAD SURLINOAME,C IJF.54010 (a) "Retail" businesses include all businesses not covered by other definitions set out in this Section, at least fifty percent (50%) of whose gross income is derived from "retail sales" as that term is defined under the California Sales and Use Tax Law, The fact that a substantial part of its business consists of sales and other than retail sales does not exclude said business from this classification so long as such other business component does not account for more than fifty percent (50%) of said business' gross income. (b) "Restaurant" businesses include cafes, eating establishments, sandwich shops, dinner houses, restaurants, fast food services and other similar businesses. (c) "Service" businesses include general office, news and advertising media, printers, photographers, personal care facilities and outlets, contractors/builders, service stations, repairing and servicing businesses, renting and leasing businesses, utilities, vending machine businesses and other similar businesses not otherwise included in the other definitions of this Section. (d) "Professional" includes attorneys, architects, engineers, surveyors, physicians, dentists, optometrists, chiropractors and others in a medical/health service field, consultants, real estate brokers, laboratories (including dental and optical), hearing aid services, artists and designers. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CRY ArrOMNEr CRY OF SORLINGAME 501 PRIMROSE ROAD SMRLINGAME, QIkUK 54010 (e) "Finance" shall mean a business that offers bank, savings & loan, thrift, or credit union financial services. (f) "Government" shall mean public, local, state or federal agencies. (g) "Fiscal Year" means July 1st to and including June 30th of the following year. (h) "District" is the Broadway Area Business Improvement District. Section 6.52.020 Establishment of Boundaries A parking and business improvement district known as the "BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT" is hereby established pursuant to the Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et sea. The boundaries of the District shall be as set forth on Exhibits "A" and "B", attached to Ordinance No. 1461. Section 6.52.030 Advisory Board, The City Council shall appoint the first Advisory Board, which shall consist of eleven members. The members of said initial board shall draw lots so as to classify five members with terms of one year and six members with terms of two years. At the end of such terms new members shall be elected for a term of two years by the businesses participating in the District. Voting shall be based on the value of the benefit assessments. The Board shall incorporate as a non-profit 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F COLEMAN CDT A>'roRHev CRY OF SYRUNGAME 501 PRIMROSE ROAD WRUNGAMS. GIA 94010 corporation within six months of its appointment. Board members shall represent businesses which have currently paid the annual benefit assessment. The Board shall make recommendations to the City Council on expenditure of District revenues, make an annual report for each fiscal year for which assessments are levied, and do those things required by the Streets and Highways Code to be performed by the Advisory Board. Section .6.52.040 Establishment of Benefit Assessments. All businesses, trades and professions located within the District boundaries shall pay an annual benefit assessment to the District for each fiscal year in the following amounts: Section 6.52.050 Purpose and Use of Benefit Assessments All funds derived from the assessment will be used for the enhancement and appearance of the District and promotion, advertising and image building for the businesses within the District. Funds derived from the 5 of Business Types Empl. Retail & 4+ $450 Restaurant 1-3 $300 service 3+ $250 1-2 $150 Professional 3+ $200 1-2 $150 Financial $500 Section 6.52.050 Purpose and Use of Benefit Assessments All funds derived from the assessment will be used for the enhancement and appearance of the District and promotion, advertising and image building for the businesses within the District. Funds derived from the 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN CRY ATTORNEY CRY OF 9DRU NGAME .}OI PRIMROSE ROAD DUNWMF CALIF. 94010 District shall not be used to offset or diminish maintenance, capital improvement and/or business promotion programs currently sponsored by the City within the District. The types of improvements and activities proposed to be funded by the levy of assessments on businesses in the District are as follows: 1.) Streetscape Beautification, Seasonal Decorations and Public Arts Programs a. Erect a district sign on El Camino Real b. Place kiosks for posting local events, public information, local business information, and for relocation of newspaper racks C. Place benches along Broadway d. Seasonal street plantings of flowers e. Seasonal flags and banners and relocation of City signs f. Sidewalk enhancement and maintenance 2.) Business Recruitment and Retention a. Shopper preference survey to determine most desired new businesses b. Develop strategy to fill commercial vacancies C. Small business assistance workshops. 3.) Parking a. Remove parking meters 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN Cl ATTORNEY 01 OFF BURLINBAME 501 PRIMROSE ROAD BUfll1N W IAF . GLIF. 940ro b. Create more effective directional signage to lots C. Sponsor parking maps and/or directories d. Annual contribution to parking facility development and maintenance fund 4.) Commercial Marketing, Public Relations and Advertising a. Create cable T.V. and radio spots b. Produce seasonal direct mail pieces C. organize special events throughout the year 5.) Shuttle Establish a people mover system between the area and the hotel district, to be funded on a cooperative cost sharing basis. Section 6.52.060 Exclusions from Benefit Assessment. No person or business shall be required to pay an assessment if it is: (a) a residential use of the property within the District, or (b) a non-profit organization, as defined by section 6.04.040 of this code, located within the District. Section 6.52.070 Collection of Benefit Assessment. The benefit assessment authorized by this Chapter shall be billed and collected at the same time and manner as City business licenses. The City will make such collections 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN GTI ATTORNEY QTY OF BURLINGAME 601 PRIMROSE ROAD BURUNGAME•CAU994010 without charge and will forward collected funds to the Advisory Board monthly. Section 6.52.080 Late Payment Penalties and Prorations.. bate payment penalties shall be applied to businesses that do not provide their respective assessment payments in the same time, manner, and amount: as penalties upon late payment of City business licenses. Assessments shall be prorated for new business in the same manner as City :business licenses. Section 6.52.090 Annual Budget Process (a) The Advisory Board steal:,. present an annual budget for City Council review and approval prior to the beginning of each fiscal year. (b) The City shall. not adopt, mod.J.fv or otherwise amend any fiscal year budget of the District that is inconsistent in any way with said fiscal year's budget, aea agreed to and presented by the Advisory Board, except in the case of a written majority protest (regarding, elimination or modifications of any specific budget. item) from business owners who will pay fifty percent (50%) or more of the assessments proposed to be levied as to any specific .budget .item pursuant to Covernment Code Section 36525(b). In such case the written protest regarding any specific budget item shall be grounds to eliminate or modify said expenditure from the proposed budget. (c) The original assessment formula shall not be E] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN 01" MTORNEY CITY OF BORIINGAME 001 PRIMROSE ROAD BURUNGWE, GMJF.84010 increased unless requested by a. majority of the businesses located within the District. (d) Decisions of the Advisory Board regarding expenditures of all funds generated under these programs shall be final to the extent they are consistent with the District's fiscal year budget adopted by the City Council. SECTION _3— If any section, subsection, subdivision, paragraph, clause or phrase of the Ordinance, or any part thereof, is for anv reason held to be unconstitutional or invalid, or ineffective by any court of comperent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof and the City^,ouncil hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional or invalid or ineffective. SECTION 4. This ordinance shall have no force or effect after June 30, 1995. SECTION 5. This ordina�iall be pub ed as required by law. 0 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 JEROME F COLEMAN CITY ATTORNEY CITY OF RIIRLINOAME 001 PRIMROSE ROAD OURIJI 0NME. CALIF.94010 I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on the bfh` day of April , 1992, and was adopted at a regular meeting of the City Council held on the 1st day of June, 1992 , by the following vote: AYES: COUNCILMEMBERS: HARRISON, LEMBI, O'MAHONY, PAGLIARO NOES: COUNCILMEMBERS: KNIGHT ABSENT: COUNCILMEMBERS: NONE 10 CITY CLERK BROADWAY AVENUE BUSINESS IMPROVEMENT DISTRICT p• w, .......... J fs NNI E�NwRe' � . rtRl ern 3P rt la1• R9 u ' k WRGEl4 GN VCp.aSP.Y" Fie 11'! — MG- ---=-- r T, RNIA GALIFO yQ f J 'i - ".."r , ZLI- a 19 �• aeN s y a la ,fey a f 11 ,yl! is ,e a n M Y� al __ 1. p a = y a k9,d w rt If to P u a as tl •1E � dui, la X16 e•." Y 8' u 'u X11 to 1• a 19 • x0 l al s y a la ,fey a f 11 ,yl! is ,e a n M Y� al __ 1. p a = y a k9,d .. null til ••¢ ;u "' a If �d' la eo n•1 • tl Jli = zx pY r O +; a s• J$ ,'P� e 1 bila a T .. 'la.f '! f —— to tx ,• 4 I+se PI �l 1 t p • / 1 rt If to P u rP =e u 1• Pf. as tl LApUNA e 9 Sea :n xe to a ae to � 4 at L Yt al as xar 7 eI I s. ^1 n 16 iiv11 X10 Zle £11 X10 f9 ea �� "• F• ♦ pz a F NI I o-° m'� o� ab � e�' rod` 1`' d d° „ea, •� ,w ., CAMWp EXHIBIT "A" REAL i PI e a 2;:, ww PI �l 1 t p • / 1 rt If to P u rP =e u 1• Pf. as tl LApUNA F f 1 l l F _ Ni tx la 1i µ 10 °J P at tt ttl 91 la es al p v4 r LOMA N 4 H atl aa. •a tJ dee ti Ia at If 16' ` �" f I _ Py' a pAPUGHIN x 8 , .• �F :Itl II ia�l� Ie V14 x�t�a (M[RI.IK WI, ry1�� ze _t ea as 14 as eax 'n aea le le .e ^Ied REAL 1 2 3 4 5 6 7 8 9 10 11 11, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 JEROME F. COLEMAN DRY ATTORNEY OM OF BU REIN GAME BOI FRIMR05E ROAD BURIJNOM.IE. CAUF.89010 EXHIBIT B STREET ADDRESS DESCRIPTION OF BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT 1000 to 1480 Broadway; 1190 California Drive; 1199 Chula Vista Avenue; 1188 El Camino Real. CITY OF BURLINGAME SUMMARY OF ADOPTED ORDINANCE ESTABLISHING BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT Pursuant to Government Code Section 36933 (c)(1) following is a summary of Ordinance No. 1461 adopted June 1, 1992: Establishes Broadway Area Business Improvement District; defines categories of businesses; describes boundaries; establishes advisory board; _sets annual benefit assessment and describes uses of funds; describes collection procedures and budget process; provides for "sunset" of district. AYES: COUNCILMEMBERS: HARRISON, LEMBI, O'MAHONY, PAGLIARO NOES: COUNCILMEMBERS: KNIGHT ABSENT: COUNCILMEMBERS: NONE A certified copy of said adopted ordinance is available in the City Clerk's office, 501 Primrose Road, Burlingame, California. Dated: M COLEMAN, City Attorney I CITY OF BURLINGAME l SUMMARY OF ADOPTED ORDINANCE ESTABLISHING BROADWAY AREA BUSINESS IMPROVEMENT DISTRICT Pursuant to Government Code Section 36933 (c)(1) following is a summary of Ordinance No. 1461 adopted June 1, 1992: Establishes Broadway Area Business Improvement District; defines categories of businesses; describes boundaries; establishes advisory board;.sets annual benefit assessment and describes uses of funds; describes collection procedures and budget process; provides for "sunset" of district. AYES: COUNCILMEMBERS: HARRISON, LEMBI, O'MAHONY, PAGLIARO NOES: COUNCILMEMBERS: KNIGHT ABSENT: COUNCILMEMBERS: NONE A certified copy of said adopted ordinance is available in the City Clerk's office, 501 Primrose Road, Burlingame, California. ' � c Dated:(_�r�_ COLEMAN, City Attorney a STAFF REPORT To: Honorable Mayor and City Council Date: June 1, 2015 From: Mary Ellen Kearney, City Clerk — (650) 558-7203 AGENDA NO: 8d MEETING DATE: June 1, 2015 Subject: Adoption of a Resolution Ordering and Calling a General Municipal Election to be Held on November 3, 2015 RECOMMENDATION The City Council is asked to adopt the following resolution: • A Resolution of the City Council of the City of Burlingame Ordering and Calling a General Municipal Election to be Held in the City Of Burlingame on November 3, 2015, Requesting the Services of the Registrar of Voters, Requesting Consolidation of Elections, and Specifying Certain Procedures for the Consolidated Election, Requiring Payment of Prorated Costs of Candidates' Statements, and Providing for Giving Notice of Election. BACKGROUND The City of Burlingame holds an election in November of odd -numbered years. Two council terms will expire this November. The filing period for nomination papers and candidate statements is from July 13 to August 7, 2015. FISCAL IMPACT The fiscal impact is not fully known at this time, but it is estimated to be under $35,000. Exhibit: • Resolution RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME ORDERING AND CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF BURLINGAME ON NOVEMBER 3,2015; REQUESTING THE SERVICES OF THE REGISTRAR OF VOTERS, REQUESTING CONSOLIDATION OF ELECTIONS, AND SPECIFYING CERTAIN PROCEDURES FOR THE CONSOLIDATED ELECTION; REQUIRING PAYMENT OF PRORATED COSTS OF CANDIDATES' STATEMENTS; AND PROVIDING FOR GIVING NOTICE OF ELECTION WHEREAS, Burlingame Ordinance No. 1219 provides that the general municipal election for the City of Burlingame shall be held on the first Tuesday after the first Monday in November of each odd -numbered year; and WHEREAS, pursuant to Part 3 of Division 10 of the California Elections Code, a general municipal election may be consolidated with an election in another public district; and WHEREAS, elections in public districts will be held in San Mateo County on November 3, 2015, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AND ORDERS AS FOLLOWS: 1. A general municipal election is hereby called to be held in and for the City of Burlingame on Tuesday, November 3, 2015: a) to elect two (2) Councilmembers, each for a full term of four (4) years, 2. Pursuant to California Elections Code Section 10002, the City Council hereby requests the Board of Supervisors of the County of San Mateo to make available the services of the County Clerk as County Elections Official for the purpose of performing the usual and customary services necessary in the conduct of the consolidated general municipal election, including the provision of election supplies and voters' pamphlets. 3. Pursuant to California Elections Code Section 10400 and following, the City Council hereby requests the Board of Supervisors of the County of San Mateo to order the consolidation of the general municipal election to be conducted within the boundaries of the City of Burlingame on November 3, 2015, with respect to which the Board of Supervisors of the County of San Mateo has the power to order a consolidation. The City Council further consents to and orders the consolidation of the general municipal election hereby called with the elections in public districts to be held the same day. Upon consolidation, the consolidated election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened at 7:00 a.m. and closed at 8:00 p.m., ballots counted and returned, returns canvassed, and all other proceedings in connection with the election shall be regulated and done by the County Clerk of the County of San Mateo in accordance with the provisions of law regulating the elections so consolidated. 4. The City Clerk is hereby authorized and directed to publish a notice of the general municipal election within the time and in the manner specified in California Elections Code Section 12101. The City Clerk is further authorized and directed to perform any and all actions required by law to hold the general municipal election above provided. 5. Pursuant to California Elections Code section 13307, the City Council hereby determines to levy against each candidate availing himself or herself of the service of including a candidate's statement not to exceed two hundred (200) words in length in the voters' pamphlets, the actual prorated costs of printing, handling, and translating the candidates statement incurred by the City of Burlingame. The City Clerk shall provide written notice to such effect with each set of nomination papers issued and shall require payment of the estimated pro rated share at the time the candidate statement is filed. 6. Pursuant to California Elections Code section 10228 and Burlingame Municipal Code section 2.20.020, the filing fee for the City's cost of processing of the nomination papers is $25.00. 7. The City Clerk is hereby authorized and directed to certify the adoption of this Resolution and to transmit a certified copy to the Board of Supervisors of the County of San Mateo and to the County Clerk of the County of San Mateo. Terry Nagel, Mayor I, Mary Ellen Kearney, 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 Vt day of June, 2015, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS Mary Ellen Kearney, City Clerk BURL,INGAME STAFF REPORT AGENDA NO. $e MEETING DATE: June 1, 2015 To: Honorable Mayor and City Council Date: June 1, 2015 From: William Meeker, Community Development Director — (650) 558-7255 Subject: Adoption of a Resolution Memorializing the City Council's Action with Respect Frank Wong's Appeal of the Planning Commission's April 13, 2015 Denial without Prejudice of Applications for Design Review and Special Permits for Declining Height Envelope, an Attached Garage, and a Basement for a New, Two -Story Single -Family Dwelling, on Property Located at 1906 Easton Drive RECOMMENDATION The City Council is asked to adopt the following resolution: • A Resolution of the City Council of the City of Burlingame, Denying the Appeal of Frank Wong and Upholding the Planning Commission's Denial without Prejudice of Applications for Design Review and Special Permits for Declining Height Envelope, an Attached Garage, and a Basement for a New, Two -Story Single - Family Dwelling on Property Located at 1906 Easton Drive, and Referring said Project to a Design Reviewer prior to Reconsideration of the Matter by the Planning Commission BACKGROUND The City Council considered Frank Wong's appeal of the Planning Commission's denial without prejudice of an application for Design Review and a Special Permits at 1906 Easton Drive at its meeting of May 18, 2015. The attached resolution memorializes the Council's action at that meeting. FISCAL IMPACT None. Exhibit: • Resolution 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, DENYING THE APPEAL OF FRANK WONG AND UPHOLDING THE PLANNING COMMISSION'S DENIAL WITHOUT PREJUDICE OF APPLICATIONS FOR DESIGN REVIEW AND SPECIAL PERMITS FOR DECLINING HEIGHT ENVELOPE, AN ATTACHED GARAGE, AND A BASEMENT FOR A NEW, TWO-STORY SINGLE-FAMILY DWELLING ON PROPERTY LOCATED AT 1906 EASTON DRIVE, AND REFERRING SAID PROJECT TO A DESIGN REVIEWER PRIOR TO RECONSIDERATION OF THE MATTER BY THE PLANNING COMMISSION RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT: WHEREAS, an application for Design Review and Special Permits for declining height envelope, an attached garage and a basement for a new, two-story single-family dwelling was submitted by J Deal Associates on behalf of Kinson "Frank" Wong on December 18, 2014 for property situated at 1906 Easton Drive; WHEREAS, the application was considered by the Planning Commission at a duly noticed design review study hearing on February 23, 2015 at which time the Planning Commission provided specific direction to the applicant regarding the project design; WHEREAS, the Planning Commission considered the applicant's proposed plan revisions prepared in response to its February 23, 2015 direction at a duly noticed public hearing on April 13, 2015, at which time the Commission denied the application without prejudice in large part due to the incompatibility of the design with the neighborhood, WHEREAS, the applicant filed a timely appeal of the Planning Commission's April 13, 2015 denial without prejudice on April 15, 2015, and WHEREAS, on May 18, 2015 the City Council conducted a duly noticed public hearing to consider the appeal of the Planning Commission's April 13, 2015 denial without prejudice of the application for Design Review and Special Permits. NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT: Section 1. The City Council hereby denies the appeal and upholds the Planning Commission's denial without prejudice of the application for Design Review and Special Permits for 1906 Easton Drive, finding that the design of the proposed residence is inconsistent with the direction of the City's Neighborhood Design Guidelines that require the architectural design of the residence to be compatible with the neighborhood character. 1 RESOLUTION NO. Section 2. Further, the City Council hereby directs that if the applicant chooses to submit revised plans for the new residence on the property at 1906 Easton Drive, staff shall refer the revised project plans to a design reviewer in advance of presenting the revised project to the Planning Commission for reconsideration. Mayor I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council held on the 1st day of June, 2015 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 2 City Clerk aSTAFF REPORT AGENDA NO: 10a MEETING DATE: To: Honorable Mayor and City Council Date: June 1, 2015 From: Carol Augustine, Finance Director — (650) 558-7222 June 1, 2015 Subject: Adoption of a Resolution Approving the Allocation of Funding for Community Service Organizations for Fiscal Year 2015-16 RECOMMENDATION Staff recommends that the Council discuss final grant amounts calculated for the various community groups, which totals $44,425, provide direction on awards, and approve a resolution providing funding for the City's Community Groups Funding Program for fiscal year 2015-16. BACKGROUND The City Council has historically funded community groups that carry out a public purpose through the services they offer to San Mateo County and Burlingame residents through this Community Groups Funding Program. In FY 2014-15, the Council approved $42,665 in funding for 18 community agencies. The Finance Department issued a Notice of Funding Availability on March 17, 2015. The deadline for submitting the one-page application with attachments was April 17, 2015, at 5:00 p.m. The City received applications to fund 20 programs; the requests total $79,550. The FY 2015-16 Budget, if adopted by the Council at its June 15th meeting, appropriates $45,000 for community groups funding allocations. Councilmembers were provided with a tabulation worksheet in order to make individual funding recommendations. The results were tabulated, and are attached for the Council's review. DISCUSSION The City Council has historically decided funding amounts in June. Payments are disbursed early in the new fiscal year (July). In the case of two of the funding preferences, Councilmembers recused themselves from the funding determination of certain requests because they are members of the organizations' governing boards. In order not to penalize these organizations, where a Councilmember has recused him or herself from suggesting an award amount, the "average" was calculated by dividing the sum of awards suggested for that organization by four, rather than the five otherwise possible funding suggestions. The result was an "average" award total of $44,425, within the $45,000 suggested appropriation for the Community Groups Funding program as a whole. 1 Community Group Funding FY 2015-16 FISCAL IMPACT June 1, 2015 The proposed budget for fiscal year 2015-16 includes an appropriation of $45,000 for the Community Groups Funding program. The actual suggested awards total $44,425, and can therefore be approved contingent on the adoption of the budget as proposed on June 15�'. Exhibit: • Resolution Approving the Allocation of Funding for Community Groups Organizations for Fiscal Year 2015-16 (with FY 2015-16 Award Tabulation worksheet). 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING THE ALLOCATION OF FUNDING FOR COMMUNITY SERVICE ORGANIZATIONS FOR FISCAL YEAR 2015-16 WHEREAS, various non-profit organizations assist the City with carrying out its mission by meeting a public need of the residents of the City of Burlingame that is not addressed by the City of Burlingame services, or that supplements an existing service provided by the City of Burlingame, thereby relieving the City of the costs of providing that service; and WHEREAS, the City has a long established process for funding certain services through annual grants to non-profit organizations that address community needs and have a significant Burlingame client base; and WHEREAS, decisions on whether to fund eligible non-profit organizations carrying out a public purpose lie with the discretion of the City Council and within the limit of funds available within the City budget. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME, CALIFORNIA DOES HEREBY RESOLVE AND FIND AS FOLLOWS: 1. that the organizations recommended for funding as part of the City of Burlingame's Community Group Funding Program each carry out a specific and necessary public purpose, and 2. that the allocation of the 2015-16 Community Group Funding Program budget has been dutifully considered by the Council and is approved as calculated and outlined on the worksheet shown as Exhibit A to this resolution, contingent upon approval of the 2015-16 budget as proposed for the program. Terry Nagel, Mayor I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was adopted at a special meeting of the City Council held on the 15f day of June, 2015 and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Mary Ellen Kearney, City Clerk O O O L6 L} I c-1 1!1 0 O N t O a-1 m ba v m m v m 0 CL O a` m O Z � i N �p 0 3 r a o H ul tp o O lD vl m N o O a In cl o N 0 01 M m O 1p to m m W 0 O m o0 0 01 0 �O 7 rl 0 O tD N 0 O mW T m O M 0 t0 I� N 0 tm m N 0 as m In ry O a V LL O O N O O O O N vl O O O O O N O O N O O O O O O ul N O O vl O O N O O Lr!O O O O O O O O O O O N O O ill p p a rl Nl lD N M a m M t!1 N N N N V fY1 N ul a 0 z Vf V} V1 V! V! V} VT V1 to O O N o o o 0 O 0 o O o O O O o o O O O O o o o O O1 O O C O o m O O u1 o O o 0 o O o O o O O a p p ry N H N lD N d� KI Cl N a O N H W 'Y M O o O O O O O O O O O O O O O O p Ln 14 o O C O O N O O o O O O o O 0 O O C o N O O o O o O O v1 O N o O p p 0 tp Z N Z '! E wa E o fvl a N V 1p H N N N N Vl N N N uj z g Z LL y O m O o o N O 0 o N O 0 vl tl1 O m O .-I O 0 o V O 0 ul a O 0 vl u1 O 0 vl O 0 vl N O 0 vl O 0 vl H O 0 o N O 0 vl N O 0 o 1p O 0 vl N O 0 oc N O 0 o H m M O m E a Y E a Z C C C O u CW m .3 p 0 O N N 0 o ill 0 0 O lD 0 0 tf1 0 0 O VI 0 0 O f+'1 0 0 O N 0 o N ri 0 O N 0 o VI 0 0 If1 0 0 O 0 0 O 0 o Op o O O p p p a C m a Ve VL V! V} lA in N V! VI VF V} VF V} V! lA V! UL Z J m C r vl O O G O O v1 O O O O N N O O O O O Y1 O O O ul Vl L} O O O O O N V} O O O O O VI VF O O O O O 1f1 V! O O O O N N iA O O G O O N v! O O O O 1lf 1� M' O O O O 111 N LF O O O O O N tI) O O O O lfl H V! O O O O ut N iA O O G O ul 1� N O O G O O M VF O O O O O 10 VF O O 130 O O tp V! O O c O N VF O O O O O Ci N O O G N N O1 1� u m m G Vf Y Cm -0 u i c Q m > v J a i J E E u w Lm a o ami U O CC U mt O o m O NJ C m U E m m O Y 7 m Y omf O Om O 7 u c3 m m u m t m Y m w m .�+ i C s E u C m Vf C .� p m C u m -aa+ C m O C m Z 4- O m O m CL Ec m m w U c m v= ,., „ v m m m c m " U` O m ' t U O O O O O O am U m m v0 C Y + .0 C: � tO o m _ = O m C E E E LL c c '� c v 0 E m 75 m m m m U UO U d G ' O Q m V N L L m C _ N _ Y a C > m C C N E E S m N U C m m C E O O Q +' O O __ a c MO .._ E 5 C E E C m in Q m m U U U U 2 2 C J J 0 d d VI VI Vm1 VYj to O O O L6 L} I c-1 1!1 0 O N t O a-1 m ba v m m v m 0 CL O a` m O Z C1IT �1 ry e� TRAFFIC, SAFETY AND PARKING COMMISSION Approved Minutes Regular Meeting of Thursday, April 9, 2015 1. CALL TO ORDER. 7:00 P.M. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. 3. ROLL CALL. MEMBER PRESENT: Martos, Londer, Akers, Wettan MEMBERS ABSENT: Noworolski 4. APPROVAL OF MINUTES a) Motion: To accept the minutes of February 12, 2015 with a correction of "eastbound" instead of "westbound" on page 3 paragraph 6. M/S/C: Londer/Akers; 3/0/1 (Wettan abstained) b) Motion: To accept the minutes of March 12, 2015 as submitted. M/S/C: Londer/Wettan; 4/0/0 5. PUBLIC COMMENTS—NON-AGENDA Elaine Breeze of Summer Hills Apartment Community expressed concern of people leaving their cars parked on city streets while going out of town from the airport. Ms. Breeze stated that the Municipal Code Title 13 contains a 72 -hour parking restriction, but with a two day waiting period it has a net effect of five days. 6. DISCUSSION/STUDY ITEMS a. Burlingame Municipal Code Title 13 Review Discussion Chair Martos sought comments or recommendations from the Commissioners. Commissioner Akers explained that the sub -committee captured the comments made by the 1 I Commission to provide them for the City Attorney's review. These comments could be viewed as notes for the City Attorney's office. Vice Chair Londer asked that when there are lists of streets that they be checked and rechecked for details such as parallel versus angled parking. This item will return next month as a discussion item. b. Carolan Avenue Complete Streets Project Mr. Wong briefly reviewed a presentation made at the second public outreach meeting for Carolan Avenue Complete Streets Project and sought comments from the Commission. The presentation showed two options— a two-way cycle track and Class 2 buffered lanes. Chair Martos opened the floor for public comments. Mr. Dawid thought the buffer on the buffered bike lane was insufficient due to the concern of cars on left and car doors on the right. Mr. Dawid favored a buffered bike lane proposal but now that it's just a Class 2 he is leaning more towards a cycle track. Ms. Breeze, representing Summer Hill Apartment Community, reported she attended both meetings and is very excited about the project and supports either option but would prefer the Class 2 bike lanes especially if it included a buffer. i Chair Martos sought input from the Commissioners. The Commissioners favored the cycle track however there was concern regarding the Oak Grove and Carolan Avenue intersection. Motion: Move to make this an action item next month. M/S/C: Akers/Wettan; 4/0/0 This item will also be added to the B/PAC agenda next month for their input. 7. ACTION ITEMS a) Commission Sub -committee Status/Disbandment Motion: Move to thank and excuse the Brochures, Downtown Parking Strategies and Municipal Code Title 13 Review subcommittees. M/S/C: Akers/Londer; 4/0/0 Downtown Parking Strategies will be scheduled at 2-3 month intervals as a Discussion 2 - Item. Chair Martos would like to have hard copies of the brochures available at upcoming Farmers Markets. Commissioner Wettan would like to know outcome of some language that was in question on the Pedestrian Safety Brochure. 8. INFORMATION ITEMS a) Engineering Division Reports Mr. Wong presented a staff report which gave updates on various Public Works - Engineering projects and activities. 2015 Street Resurfacing Program — Staff currently working on plans and specifications for project. Speeding on Broadway (Near Roosevelt Elementary) — Staff has reviewed data from data collectors. 85% speeds were measured for six days in the eastbound (30.1-31.1 mph) and westbound directions (28.1-29.5 mph). Staff will work with BPD to provide targeted enforcement, as well as consider placement of a portable driver feedback sign for the eastbound direction. Staff also reviewed California Vehicle Code (CVC) sections 22358.3 and 22358.4 to determine how they apply to reducing the currently posted speed limits. Staff has asked the City Attorney for her perspective on potentially lowering the speed limits to below 25 mph in residential neighborhoods without the use of a engineering and traffic survey. Mr. Wong said staff does not have a problem reviewing school speed limits and seeing what we can implement. Stop Sign Requests — Data collection still underway. The Commissioners were concerned that the counts might not be accurate because they occurred during Spring Break. Carolan Complete Streets Project — Public outreach was held on March 26. Two main design concepts were presented and discussed. The public meeting was attended by both cyclists and residents. Both design concepts were well received at the meeting. Presentation is attached as part of Staff Report 6.c. US101/Broadway Interchange Project — Phase 1 of pile driving for overpass foundations is complete. Concrete pouring for foundation bases continues. Phase 2 of pile driving will not occur for several months. Boring pits have been excavated in preparation of sanitary sewer force main work at the c Broadway/Rollins/Cadillac intersections. Project is still on schedule. Mr. Chou reported that the last pilings have been done and will be pouring the underground foundations and walls. Broadway Grade Separation PSR — Project team is proceeding with development of possible design concepts based on public comments at the March 11 public outreach meeting. Downtown Parking Strategies Update — Painting of the lot specific signs has started (Lot X). Other lot specific signs are being painted by Corp Yard staff as their schedule permits. Additional wayfinding signs currently being fabricated, also by Corp Yard staff. Have received survey data from DBID. California Drive Roundabout — Interviews have been completed and the consultant team references have been checked. The City has selected a design team. Staff is waiting Council approval to proceed. Floribunda/EI Camino Real Left -turn Safety (Caltrans) — No status change. Still awaiting Caltrans response to City suggestions regarding additional signal timing modifications and no left tum restrictions. Discussion occurred about the City's action/reaction with regards to Caltrans' action. Engineering Service Contracts — Traffic signal contractor providing on-going maintenance services, as well upgrading signal hardware. Grant Eligible Funding Projects — Per request from Mayor Nagel, attached is list of projects the City currently is working on. Burlingame Measure A Pedestrian & Bicycle Program Projects: - Burlingame Ave. Downtown Pedestrian & Bicycle Improvements o Allocated funding: $300,000 - Burlingame East Side Bicycle Route Improvements o Allocated funding $91,700 - Burlingame West Side Bicycle Route Improvements o Allocated funding $168,700 - California Drive/Bellevue Avenue Bike Pedestrian Roundabout o Allocated funding $1,000,000 One Bay Area Grant (non -Measure A) — Carolan Ave. Complete Streets o Allocated funding $1,000,000 Joint Council/Commission Meeting — Reminder of a joint meeting between Council and TSPC set for Monday, April 20, at 6PM, Conference Room A. This will be a regular meeting and therefore a quorum is necessary. The agenda will be two bulleted items: 4 1. Discussion item regarding what the Commission has taken care of or is looking at 2. Discussion item what future items should be looked at. Commissioner Akers will work with the Chair and staff to create a bulleted slide to serve as a guide. • TSPC Email Communications — Refer to attached `TSPC Contact Log". Mr. Wong reviewed the status of the items on the 'TSPC Contact Log". b) Police Department Reports Sergeant Ford reported that at the request of Chief Wollman during the first quarter of this year there was enforcement performed on Broadway due to numerous complaints of pedestrian jaywalking and bad driving. During this period the Police Department educated 39 pedestrians and issued 17 citations for U-turns in the business district. 9. COMMISSION & COMMITTEE REPORTS a) Burlingame Bicycle/Pedestrian Advisory Committee (B/PAC) B/PAC did not meet this evening. Vice Chair Londer noted that the next Farmers Market that TSPC would be participating at is on May 17"'. Sign-ups to work it will be done next month. Commissioner Wettan volunteered to do either a first half or second half. Mr. Wong stated that in the future discussions for coordination of Farmers Market could be captured as an oral report under Information Items 8C. 10. FUTURE AGENDA ITEMS - Brochures — Discussion Item - Information on Hoover School - Results from the parking survey — Discussion Item - Carolan Avenue Complete Streets —Action Item - Floribunda/EI Camino Real options - Commuter Bike Route 11. ADJOURNMENT 9:24 p.m. 5 Serving the City of Burlingame, Town of Hillsborough and the Cities of Millbrae and San Bruno To: Lisa Goldman, City Manager; Connie Jackson, City Manager Marcia Raines, City Manager; Randy Schwartz, City Manager From: John Kammeyer, Fire Chief Date: April 30, 2015 Re: Quarterly Report, January - March 2015 ADMINISTRATION SAN FIRE DEPT 8RU140 On December 29, 2014 the City of Millbrae entered into the contract for fire and emergency services with Central County Fire Department (CCFD). As part of this contract all Captains and Firefighters, as well as the part-time Fire Inspector, became employees of Central County Fire Department. All pay and benefit provisions were completed with the help of Hillsborough HR and Finance Departments. On January 22^d the agencies had an All Officers' Meeting at the Chetcuti room in Millbrae. The meeting was attended by approximately fifty (50) Captains and Chief Officers. The focus of the meeting was accountability and succession planning. Fire personnel from all three agencies have been working on joint policies and procedures; forty-three (43) new polices were introduced at the meeting and have since been posted on our web -based Training platform and the CCFD website. CCFD Chief Administrative Officer, Lisa Goldman, officially appointed Chief Kammeyer as the Fire Chief on Friday March 27th. Both agencies have been busy this quarter with budget preparation. The CCFD budget was approved by the Board of Directors at the April meeting and San Bruno budget will be taken to Council for approval later this quarter. In March the CCFD family grew by one with the addition of Phoenix Willow daughter of Firefighter Scott Stacey and his wife Ashley. OPERATIONS Central County: Fire personnel responded to 2,010 requests for service this quarter; 1,209 in Burlingame and Hillsborough and 801 in Millbrae. There were 1,117 were medical calls; 652 in Burlingame and Hillsborough and 465 in Millbrae. CCFD responded to 229 automatic aid calls in neighboring cities and received automatic aid for 98 calls. Serving the City of Burlingame, SAN Town of Hillsborough and the Cities of Millbrae and San Bruno FIRE DEPT /l�u gRi1NO San Bruno: Fire personnel responded to 1050 requests for service this quarter of which 629 were medical calls. SBFD responded to 109 automatic aid calls in neighboring cities and received automatic aid for 17 calls. TRAINING AND EMS Fire Operational training for this quarter focused on structural firefighting and encompassed tasks broken down for successful operations. All companies were required to demonstrate forcible entry and the proper use of tools and technique. The Training Division utilizes two forcible entry props that mirror commercial inward and outward swinging doors. Crews were also required utilize the roof prop located at Station 37 and work on techniques for ventilation on a pitch roof. This is typically a function of Truck Companies, however, we emphasize the importance of all personnel being proficient in roof and ventilation practices. Through Task Force training, the Training Division coordinated a multi -company drill where all skills were utilized including civilian rescues, fire attack, search, and truck operations. Requests for Service 12/16/14 - 03/15/15 2,500 2,000 1,500 ■ CCFD 1,000 , , ■ SBFD 500 i 98 189 17 0 Total Calls Medical Calls Automatic Aid Automatic Aid Given Received TRAINING AND EMS Fire Operational training for this quarter focused on structural firefighting and encompassed tasks broken down for successful operations. All companies were required to demonstrate forcible entry and the proper use of tools and technique. The Training Division utilizes two forcible entry props that mirror commercial inward and outward swinging doors. Crews were also required utilize the roof prop located at Station 37 and work on techniques for ventilation on a pitch roof. This is typically a function of Truck Companies, however, we emphasize the importance of all personnel being proficient in roof and ventilation practices. Through Task Force training, the Training Division coordinated a multi -company drill where all skills were utilized including civilian rescues, fire attack, search, and truck operations. Serving the City of Burlingame, SAN Town of Hillsborough and the Cities of Millbrae and San Bruno FIRE DEPT BRUN0 Between the two agencies there were ten firefighters at various stages of probation. Six of the ten will be performing their final probationary exam and expected to be successfully off probation for next quarter. The Training Division hosted Driver Operator 1A and 1B for probationary personnel. These classes allow the firefighters to be proficient with driving fire apparatus and the theories of hydraulics and pumping. Emergency Medical Training for this quarter was mandated Pediatric Life Support training. This is a required training every two years for all of Paramedics. All Emergency Medical Technicians (EMTs) attend this training and are capable of assisting Medics with their skills. Central Count! (includes Millbrae Engine companies completed one hundred and seventy-four (174) inspections including businesses and apartment buildings. Fire Prevention personnel conducted seventeen (17) Fire and Life Safety inspections and one hundred four (104) construction inspections including fire alarm and sprinkler system inspections, both commercial and residential. Personnel also signed off on seventy-seven (77) new business licenses. Ninety (90) plan reviews were completed and forty-seven (47) fire permits were issued including fire alarms, fire sprinkler systems, and tent permits. Fire Prevention staff also completed two fire investigations and eight (8) code enforcement inspections In January the Prevention Division conducted the Annual Inspection of Mills Peninsula Hospital and all ancillary buildings including the Medical Office Building. In February Prevention staff hosted the San Mateo County Fire Prevention Officers' meeting and also met with the Water Departments for Burlingame and Hillsborough to have them accept passive fire sprinkler systems resulting in cheaper installations for citizens. All Engine Company inspection lists were aligned to include Millbrae engine company inspections into CCFD's inspection inventory. Subsequently, Fire Prevention training was provided to all CCFD crews as well as San Bruno Fire Department crews. Both Fire Marshals maintain constant communication to ensure customer service needs are met. Millbrae Fire Prevention staff represented the City during the Taylor Middle School active shooter training exercise, held in conjunction with the Sheriffs Department. San Bruno: Fire Prevention staff conducted two -hundred thirty (230) specialized inspections, consisting of sixty-six (66) construction inspections, one hundred fifty-one (151) Fire Life and Safety inspections, four (4) code enforcement inspections, one vegetation management inspection, one tent inspection and eight (8) service station inspections. Serving the City of Burlingame, sAN Town of Hillsborough and the Cities of I WE '1 Millbrae and San Bruno FIRE DEPT 8RUNO In addition to the Fire Prevention Division inspections, suppression crews focused on completing annual apartment building inspections; three (3) reinspection were completed in the quarter. There were also seven (7) structure fire investigations during this quarter. Inspection Activity 12/16/14 - 03/15/15 200 180 .,... 160 -- ---. --. 151 140 120 100 ■ CCFD 80 ■ SBFD 60 40 20 i 3 M,4 0 Construction Fire, Life & Plan Reviews Company Veg. Mgmt/Code Business Safety Inspections Enforcement Licenses COMMUNITY OUTREACH, PUBLIC EDUCATION AND EMERGENCY PREPAREDNESS Central County: The major focus for the quarter was preparation for a WEB EOC Class hosted by CCFD on April 14th, 2015. Recruitment for training to the Mitigation Planning class to be held on April 16th, 2015 was a focus this last quarter to ensure all players in both Burlingame and Hillsborough will understand their role and participation in the mandated completion of their Local Hazard Mitigation Plan for each city. This quarter, the final draft of the San Mateo County Op Area's Emergency Operations Plan was released and is under review by the EMA Strategy & Integration Committee which EMC Spencer chairs. This document will be the basis for Burlingame/Hillsborough's new Emergency Operations Plan. Serving the City of Burlingame, 5AN Town of Hillsborough and the Cities of Millbrae and San Bruno FIRE DEPT BRUN0 Fire Prevention staff taught at the Babysitters Class at the Burlingame Recreation Center and attended Career Day at Mills High School. In March staff attended the Hard Hat tour of the Burlingame Tennis Center and gave a Fire Prevention presentation to approximately 75 retired airline employees. With the reassignment of responsibilities within the division due to the promotion of a Fire Inspector to Deputy Fire Marshal, responsibilities for Public Education have moved to FI Giuliacci who will coordinate public education for all four cities. Additionally, Inspector Giuliacci completed a final draft of a new Wildland Urban Interface (WUI) Placard Public Safety Announcement (PSA) which was shared at this year's California Fire Prevention Institute. Praise was given to her design and efforts to improving fire safety awareness and fire safety to firefighters San Bruno: Fire personnel provided CPR training to 12 City employees. Fire Prevention staff conducted initial plan review for a new hotel at the Crossing complex, consisting of a five -story above ground hotel with 152 room, as well as work on "The Plaza" project The fully -remodeled three-story Walmart building at 950 Elm received the final sign off from the Fire Department and is now occupied. Fire Prevention staff attended meetings, as liaison, for the Amateur Radio Club, Community Development, DRT and San Mateo County Fire Prevention Officers' Group. UPCOMING QUARTER Battalion Chief Exam - Wednesday May 13th Captains Test - May 19th and 20th CCFD Badge Pinning - Friday May 15th CCFD Junior Fire Marshal Picnic - Wednesday May 20th Hillsborough Memorial Day Parade - Monday May 25th Hillsborough Fun Run - Sunday May 31st All Officers' Meeting - Tuesday June 9th Annual Disaster Preparedness Day - Saturday June 6th San Bruno Posey Parade - Sunday June 7th CCFD and SBFD Firefighter Interviews - late May through June PETITION TO THE BURLINGAME CITY COUNCIL We, Burlingame residents, petition the Burlingame City Council to enact a Just Cause Eviction Ordinance with all possible speed. Over half of all residents are renters and subject to eviction at will by landlords. Housing insecurity because of a lack of protections is unhealthy for the residents and destabilizes the community. a e /v Address 82,1 b�t tt� vhf cA o ! D ��ORt6QGAQ-CV$-c-A �4o(0 X111 i eh�,1 e- � c rr c rte- �Gt r l 4, Cc, ci yo v C�.'Mdr)D CGq I N0<, CA 67)' -two 5 �.��1L 1 ✓� �,�.� �1 / o 4;'ur(An c141d- GA �n !(�3►� �u� ,,r 1► cA /v PETITION TO THE BURLINGAME CITY COUNCIL We, Burlingame residents, petition the Burlingame City Council to enact a Just Cause Eviction Ordinance with all possible speed. Over half of all residents are renters and subject to eviction at will by landlords. Housing insecurity because of a lack of protections is unhealthy for the residents and destabilizes the community. Name Address U G1 C L (' 1� ; Q U �i(L AAC CA 01 Y 4( o ur (v Q�1a��e 3� 55 S;�"Cm kZ0,1 32CI A Ukb � (Ikn H r) -- o Id s- a-5`5 �o I ! 'vrs � oTo KI d,OVvI Uv -J q 3 1�3 FP-0J-Trx24 Wc.► MIF A v v,, J5LIS rcor- b uo � (3 ur�r PSO LJ Wc► 7GI}LG III� 2 CLJJ o i(D [X PETITION TO THE BURLINGAME CITY COUNCIL We, Burlingame residents, petition the Burlingame City Council to enact a Just Cause Eviction Ordinance with all possible speed. Over half of all residents are renters and subject to eviction at will by landlords. Housing insecurity because of a lack of protections is uril-lealthy for the residents and destabilizes the community. Name Address q nS Gy� 12— el s L cd JWNPAUc. 'Q 4X? -tAJ,G-7 6 gt-/o/6 a(k5YA