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HomeMy WebLinkAboutOrd 0374ORDINANCE NO. 374 AN ORDINANCE AMENDING THE ZONING CODE OF TIL, CITY OF BURLINGAME, PART X (CITY PLANNING) ARTICLE 50 (ZONES), BY ADDING THERETO DIVISION 14 PROVIDING FOR ZONE CHANGES, AND DIVISION 15 PRO- VIDING FOR VARIANCES, AND PROCEDURE TO OBTAIN THE SAME AND A SCHEDULE OF FIL- ING FEES APPERTAINING THERETO. The City Council of the City of Burlingame does ordain as follows: Section One. The Ordinance Code of the City of Burlingame, Part X (City Planning),, Article 50 (Zones), is hereby amended by adding thereto the following DIVISION 14 Sec. 1926. Zone Changes. Boundaries of zones or districts thereof or the classi- fication of property therein or any restrictions or regulations provided for in this Code, may be reclassified or amended, or any new regulation or restriction may be enacted by the City Council whenever the public interest, health, comfort, convenience, safety', and general welfare may require, and may be done (1) By the City Council on its own initiative; (2) By the City Council on motion and recommendation of the Planning Commission; or, (3) By the filing with the City Clerk of a verified petition by the record owner, or his duly authorized agent. Seca 1927. Petition. The petition must be in writing on a form to be sup- plied by the Planning Commission, and must contain a complete description of the property involved and must set forth fully the grounds of such petition and contain a recitation of all the facts upon which the petitioner relies. The Planning Commission may require such other information or maps as may be deemed necessary. The City Clerk will thereupon set the said petition for public hearing before the Planning Commission, which body shall make or cause to be made a careful investigation of all matters involved in said petition, and said City Clerk shall give notice of the time, place and purpose of such hearing by publishing a notice twice in a newspaper published in the City, the first publication to be not less than ten (10) days prior to the date of the hearing and the last publication not more than three (3) days prior to the date of the hearing. Sec. 1928. Notice. The notice herein provided shall contain: (1) A statement of the general location of the property involved; (2) The time, place and purpose of the hearing; (3) A reference to the petition on file for particulars; (4) A statement that any interested person may appear and be heard. Sec. 1929. Hearing. If from the facts presented at the hearing or as a result of the investigation, the Planning Commission finds that the public interest, comfort, convenience, health, safety and general welfare require reclassification of the property involved,, or any part thereof, or the amendment of any regulation or re- striction imposed by the zoning laws of the City, the Planning Commission shall so recommend to the City Council, which body may effect such reclassification, amendment or addition. If the Planning Commission finds from the facts or investigation that the comfort, health, convenience, safety and general welfare do not require such reclassification, amendment or addition, it shall so recommend to the City Council. The recommendation of the Planning Commission shall be in writing and 'i shall set forth fully the findings and determination of the Commission on the matters involved. Such recommendation shall be filed with the City Clerk within five (5) days after the con- -2_ elusion of the hearing by the Manning Commission. The City Council at its next meeting following the filing of the recommendation, shall fix a time and place for the hearing before the Council. Such hearing shall be held within twenty (20) days from the date of the filing of such recommen- dation. Notice of the hearing shall be given in the same manner and time as provided in the hearing before the Planning Commission. After the public hearing has been held by the City Council, it may approve the recommendation of the Planning Commission and by ordinance effect such reclassification, amend- ment or addition, or may modify or reject, in whole or in part, the recommendation of the Planning Commission. In the event the determination of the City Council varies from the recommendation of the Planning Commission, the said Council shall make written findings of fact, setting forth wherein the public interest, comfort, convenience, health, safety and general welfare require or do not require, as the case may be, such reclassification, amendment or addition. The determination of the City Council therein shall be final and conclusive. Sec. 1939. Notice. In all cases, when reclassification, amendment or addition are initiated by the City Council, the time for the hearing and the notice and contents thereof shall be fixed as hereinbefore provided upon filing a petition, except that the reference to the petition on file need not be mentioned. DIVISION 15 Sec. 1931. Variances. Subject to the provisions of this section, the City Council, in appropriate cases, may vary the application of the zoning regulations heretofore or hereafter established, and may -5- impose reasonable requirements as a condition of granting the variance, special permit or exception, but such requirements must be in harmony with the general purpose and intent of the zoning laws of the City. The City Council may grant a variance of the use of property, height limit of buildings, area requirements or build- ing line restrictions, provided that after a full investigation or public hearing, the City Council finds; (1) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use thereof, that do not apply generally to the property or class of uses in the same zone or district so that a denial of the application would result in undue property loss; and, (2) That such variance is necessary for the preservation and enjoyment of a property right of the owner of the property in- volved; and, (3) That the granting of such variance will not be detrimental to the public welfare or convenience, or injurious to the proper-,, ty or improvements of other property owners. Sec. 1932. Petition. .Any person affected may petition the City Council for a variance from or exception to any provision of the zoning regulations in the City. The Petition must be verified and in writing on a form to be supplied by the City Council, and must contain a complete description of the property, a statement of all the facts relied upon by the petitioner and any maps or plans that the Council may require. Such petition must be filed only by the record owner of the property involved. Sec. 1933. Notice. Upon the filing of a petition or application with the City Council for a variance of a use of property, height limit of or a building, area requirements/building line restrictions, the City Clerk shall, within five (5) days after the receipt of such petition or application, set the matter for a public hearing before the Planning Commission, such hearing to be within thirty (30) days after the filing of the petition or application, and the City Clerk shall give notice of the time, place and purpose thereof by mailing a copy of such notice, at their last known address, to all record owners of real property within five hun- dred (500) feet of the exterior limits of the property for which a variance is sought, not less than ten (10) days prior to said hearing. Such notice shall contain a description of the property for which a variance is sought; notice of the time, place and purpose of the hearing on the application for a variance; reference to the petition on file with the City Clerk for parti- culars; a statement that any interested person may appear, in person or by agent, and be heard. Such notice shall also be placed upon all of the property which abuts or adjoins the property in the petition mentioned. Notwithstanding any of the provisions of this division, unless the petition is for a variance from the use of property restrictions, no notice need be mailed to the record owner of any property who has requested a variance. Sec. 1934. Hearing. The Planning Commission shall take into consideration the character of the improvements in the vicinity, where a change is proposed; the character of the improvements proposed in the petition; the general effect of any proposed change upon the neighborhood, so far as it affects the public welfare or con- venience, and also whether or not such change will be injurious to the property or improvements of other owners. The Planning Commission shall render its decision with- in five (5) days after the conclusion of the public hearing and thereupon file its recommendation with the City Clerk. The City -5- Council, at its next meeting following the filing of the recom- mendation., shall fix a time and place for the hearing before the Council. Such hearing shall be held within twenty (20) days from the date of the filing of such recommendation. Notice of the nearing shall be given in the same manner and time as pro- vided in the hearing before the Planning Commission. After the public hearing has been held by the City Council, it shall within ten (10) days thereafter make written findings of fact, approving, rejecting or modifying the recom- mendation of the Planning Commission, and its action therein shall be final and conclusive. Sec. 1935. Fees. Upon filing of an application for a change of zone or for a variance to any of the zoning regulations of the City, the applicant shall pay to the City Clerk a fee in an amount fixed by the following schedule; On Application for; 1. Change of Zone E25.00 2. Variance of Use of Property 25.00: 3. Variance of height of building 20.00 4. Variance of Area Requirement 20.00 5. Variance of Building Line 20.00 All fees collected pursuant to the terms hereof shall be paid forthwith to City Treasurer. Sec. 1936. Refunds. Should an application for a change of zone, a variance, or an exception be withdrawn in writing on a form to be supplied by the City Clerk, prior to giving any notice herein provided, a refund of 80% of the fee paid shall be made to the applicant. The City Clerk shall certify to the Treasurer that a refund is due by reason of such withdrawal and upon such certification the Treasurer is hereby authorized and directed to make such refund to the applicant. Section Two. This Ordinance shall be published once -6- in the Burlingame Advance, a newspaper of general circulation published in said City, and shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of Burlingame on the 2nd day of September, 1941, and passed and adopted on September 15, 1941, by the following vote: Ayes: Councilmen : BUCK-BURROWS-COL&V"-HUNT-N1cDONALD Noes: Councilmen : NONE Absent: Councilmen : NONE ATTEST: CITY CRE. MAYOR. SEP 1G 1941 yy++IN OFFICE OF -7-