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HomeMy WebLinkAboutAgenda Packet - CC - 2007.10.15 CITY 0 INA BURLJNGAME YI.- WK m BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 CITY COUNCIL MEETING R E V I S E D A G E N D A Monday, October 15, 2007 COMMISSIONER INTERVIEWS - 6:00 p.m. Conference Room A a. Commissioner Applicant Interviews for Beautification and/or Parks &Recreation Commission (continued) 1. CALL TO ORDER— 7:00 p.m. - Council Chambers 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL 4. APPROVAL OF MINUTES —Regular Council Meeting of October 1, 2007 5. PRESENTATIONS a. Best of Burlingame Presentation b. Centennial Celebration Parade slides by Dawdy Photography c. Silicon Valley Wireless Initiative Update by Seth Fearey 6. PUBLIC HEARINGS a. Recommendation to support Measure A, Burlingame Schools Safety and Repair Bond b. Resolution approving Sewer System Management Plan c. Public Hearing and action on an Ordinance amending the Condominium Subdivisions and Conversion Regulations of the Municipal Code for consistency with the Trousdale West (TW) and El Camino Real North(ECN) Zoning Districts d. Public Hearing and action on an Ordinance for amendments to the Trousdale West (TW) and El Camino Real North(ECN) Zoning Districts to make them consistent in terms of parking, height and mixed use 1 e. Public Hearing and action on an Ordinance establishing parking standards for Animal Shelters 7. PUBLIC COMMENTS —At this time,persons in the audience may speak on any item on the agenda or any other matter within the jurisdiction of the Council. The Ralph M.Brown Act(the State local agency open meeting law)prohibits Council from acting on any matter that is not on the agenda. Speakers are requested to fill out a"request to speak"card located on the table by the door and hand it to staff. The Mayor may limit speakers to three minutes each. 8. STAFF REPORTS AND COMMUNICATIONS a. Introduce Ordinance to amend Title 18 of the Municipal Code to adopt the 2007 California Building Codes with local amendments—INTRODUCE b. Introduce Ordinance—Revision to Burlingame Municipal Code §17.04 incorporating 2007 California Fire Codes—INTRODUCE c. Civil Service Commission vacancies - Discuss/DIRECT d. Adoption of a Resolution acknowledging participation in the San Mateo County Sub-region for the Regional Housing Needs Allocation Process (RHNA) and acceptance of the assigned housing share for the San Mateo County Sub-region—APPROVE 9. APPROVAL OF CONSENT CALENDAR a. Resolution approving Professional Services Agreement with Erler &Kalinowski, Inc. for FY 2007/2008 Program Management of Water System Capital Improvement Program b. Approval of out-of-state travel for Fire Marshall to Emmitsburg, Maryland c. Approval of out-of-state travel for two Parking Enforcement Meter Repair Employees to Arkansas 10. COUNCIL COMMITTEE REPORTS 11. PUBLIC COMMENTS—At this time,persons in the audience may speak on any item on the agenda or any other matter within the jurisdiction of the Council. The Ralph M.Brown Act(the State local agency open meeting law)prohibits Council from acting on any matter that is not on the agenda. Speakers are requested to fill out a"request to speak"card located on the table by the door and hand it to staff. The Mayor may limit speakers to three minutes each. 12. OLD BUSINESS a. Discuss Commission Appointment Procedures 13. NEW BUSINESS a. Set Appeal Hearing for 1316 Drake Avenue 14. ACKNOWLEDGMENTS a. Commission Minutes: Parks &Recreation, September 20, 2007; Planning, October 9, 2007 b. Department Reports: Building, September, 2007; Finance, September, 2007 2 c. Two letters from Comcast with programming update d. Update on removal of Cypress tree on Easton Drive 15. ADJOURNMENT TO CLOSED SESSION CLOSED SESSION a. Threatened Litigation (Government Code § 54956.9(b)(1), (3)(C)) Claims of Jun Pan & Lei Zhou 16. ADJOURNMENT Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at 650 558-7203 at least 24 hours before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk's office,City Hall,501 Primrose Road,from 8:00 a.m.to 5:00 p.m.before the meeting and at the meeting. Visit the City's website at wx"v.burlingame.ore. Agendas and minutes are available at this site. NEXT MEETING—MONDAY, OCTOBER 29,2007—COMMISSION INTERVIEWS 3 CITY G s BURLJNGAME �gsTEo JYME° BURLINGAME CITY COUNCIL Revised Unapproved Minutes Regular Meeting of October 1, 2007 STUDY SESSION a. Joint Library Board and Council Meeting City Council met with the Library Board and discussed various issues. 1. CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. Mayor Terry Nagel called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Jesus Nava, Finance Director. 3. ROLL CALL COUNCILMEMBERS PRESENT: Baylock, Cohen, Keighran,Nagel, O'Mahony COUNCILMEMBERS ABSENT: None 4. MINUTES Councilwoman Baylock made a motion to approve the minutes of the September 17, 2007 regular Council meeting; seconded by Councilman Cohen. The motion was approved unanimously by voice vote, 5-0. 5. PRESENTATIONS a. BEST OF BURLINGAME AWARD Mayor Nagel presented Chuck Chavez with the Best of Burlingame award. Chuck Chavez has been an indispensable contributor to the Burlingame Youth Baseball Association (BY-BA) since 1994. Through the years, Chuck has been an assistant coach and head coach at every level. He has served as the director of the Diamond, Sandlot, Mudville, Carl Reyna and Hank Sauer Leagues; and he has served on the BYBA board since 1997. For nearly 10 years, he coached the Burlingame tournament team and; when that wasn't enough, he coached fall baseball for four years. "I will always be available for anyone,players or coaches, to call if they need help," Chuck said, adding, "And, don't forget: Don't let anyone tell you that you can't do it!" 1 Burlingame City Council October 1,2007 Revised Unapproved Minutes b. RELAY FOR LIFE PROCLAMATION Mayor Nagel presented the Relay for Life Committee Chair Michelle Reynolds with a proclamation declaring October 6, 2007, as Relay for Life Day in Burlingame. C. CENTENNIAL CELEBRATION PENINSULA TV VIDEO Gene Condon,Burlingame Centennial Events Chair,presented the viewing of`Burlingame's 100 ' Birthday," a video produced by Peninsula Television commemorating the Burlingame Centennial. 6. PUBLIC HEARINGS There were no public hearings. 7. PUBLIC COMMENTS Mary Hunt, 725 Vernon Way, thanked Council for various cleanup activities in Burlingame. Delores Huaj ardo, 1400 Columbus Avenue,presented comments by Pat Giorni related to the Green Ribbon Task Force. Ms. Huajardo commented on parking. There were no further comments from the floor. 8. STAFF REPORTS AND COMMUNICATIONS a. INTRODUCE AN ORDINANCE TO AMEND THE CONDOMINIUM SUBDIVISION AND CONVERSION REGULATIONS OF THE MUNICIPAL CODE FOR CONSISTENCY WITH THE TROUSDALE WEST (TW)AND EL CAMINO NORTH(ECN) ZONING DISTRICTS CDD Meeker reviewed the staff report and requested Council introduce an ordinance amending the condominium subdivision and conversion regulations in the Municipal Code to make them consistent with the Trousdale West and El Camino North zoning regulations and the North Burlingame/Rollins Road Specific Plan. Mayor Nagel requested CC Mortensen read the title of the proposed ordinance amending Chapters 26.30 and 26.32 to make chapters consistent with provisions of El Camino North(ECN) and Trousdale West(TW) zoning districts and other clarifying changes. Vice Mayor O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0. Councilwoman Baylock made a motion to introduce the proposed ordinance; seconded by Vice Mayor O'Mahony. The motion was approved unanimously by voice vote, 5-0. Mayor Nagel requested CC Mortensen publish a summary of the proposed ordinance at least five days before proposed adoption. b. INTRODUCE ORDINANCE FOR AMENDMENTS TO THE TROUSDALE WEST (TW) AND EL CAMINO NORTH (ECN) ZONING DISTRICTS TO MAKE THEM CONSISTENT IN TERMS OF PARKING,HEIGHT AND MIXED USES CDD Meeker reviewed the staff report and requested Council introduce an ordinance amending the zoning regulations for the Trousdale West and El Camino North zoning districts for consistency between these two zones located at the north end of Burlingame. 2 Burlingame City Council October 1, 2007 Revised Unapproved Minutes Mayor Nagel requested CC Mortensen read the title of the proposed ordinance amending Chapters 25.08 and 25.41 to correct height limitation standards to make consistent with North Burlingame/Rollins Road Specific Plan and revise parking standards to include unistall provisions and definition. Vice Mayor O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. Councilwoman Baylock made a motion to introduce the proposed ordinance; seconded by Councilman Cohen. The motion was approved unanimously by voice vote, 5-0. Mayor Nagel requested CC Mortensen publish a summary of the proposed ordinance at least five days before proposed adoption. C. INTRODUCE ORDINANCE TO AMEND TITLE 25, CHAPTER 25.70 OF THE MUNICIPAL CODE TO ESTABLISH PARKING STANDARDS FOR ANIMAL SHELTERS CDD Meeker reviewed the staff report and requested Council introduce an ordinance amending the zoning regulations to establish parking standards for animal shelters. Mayor Nagel requested CC Mortensen read the title of the proposed ordinance amending Section 25.70.40 to affirm parking requirements for animal shelters and animal rescue centers. Vice Mayor O'Mahony made a motion to waive further reading of the proposed ordinance; seconded by Councilman Cohen. The motion was approved unanimously by voice vote, 5-0. Councilwoman Baylock made a motion to introduce the proposed ordinance; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0. Mayor Nagel requested CC Mortensen publish a summary of the proposed ordinance at least five days before proposed adoption. 9. CONSENT CALENDAR Mayor Nagel requested removal of Item d. from the Consent Calendar for further discussion. a. EARLY FUNDING REQUEST—REPLACEMENT OF PORTABLE RADIOS, RADIO NARROW BANDING, UPGRADING AND ADDING A TRANSMISSION RECEIVING REPEATER COP Van Etten requested Council approve Resolution No. 71-2007 approving budget amendment to the Capital Improvement Program Budget for the City of Burlingame Fiscal Year ending June 30, 2008, for purchase of Phase I Police Radio Replacement Project. b. RESOLUTION NO. 72-2007 AWARDING CONSTRUCTION CONTRACT TO C.F. ARCHIBALD FOR 2007 STREET RESURFACING PROGRAM DPW Murtuza requested Council approve Resolution No. 72-2007 awarding the construction contract for the 2007 Street Resurfacing Program to C.F. Archibald Paving Inc. C. RESOLUTION NO. 73-2007 APPROVING TERMINATION OF THE CALIFORNIA PUBLIC ENTITY INSURANCE AUTHORITY JOINT POWERS AGREEMENT HRD Dolan requested Council approve Resolution No. 73-2007 terminating the California Public Entity Insurance Authority Joint Powers Agreement. 3 Burlingame City Council October 1,2007 Revised Unapproved Minutes e. APPROVAL OF AN AGREEMENT WITH MATRIX CONSULTING TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE CITIES OF BURLINGAME, HILLSBOROUGH. MILLBRAE AND SAN BRUNO TO CONDUCT PHASE ONE OF A REGIONALIZATION OF FIRE SERVICES STUDY P&RD Schwartz requested Council approve an agreement with Matrix Consulting to provide professional consulting services for the Cities of Burlingame, Hillsborough, Millbrae and San Bruno to conduct Phase 1 of a Regionalization of Fire Services Study. Vice Mayor O'Mahony made a motion to approve Items a., b., c. and e. of the Consent Calendar; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0. d. RESOLUTION NO. 74-2007 APPROVING AN AGREEMENT FOR MAINTAINING A STRONG COLLABORATIVE RELATIONSHIP WITH THE CITY OF BURLINGAME AND THE BURLINGAME ELEMENTARY SCHOOL DISTRICT Mayor Nagel stated that this agreement is a result of long discussions on how to make the relationship between the city and the district work better by putting the facilities to the highest and best use, making them available to the public, and having a mechanism for resolving any differences in our current agreement. Dave Pune, President of the Burlingame Elementary School District Board, thanked Council and Staff for their support and collaboration in this effort. Councilman Cohen thanked Superintendent Sonny Da Marto for his support as well. Councilwoman Baylock made a motion to approve Resolution No. 74-2007 approving the agreement between the City of Burlingame and the Burlingame Elementary School District for maintaining a strong collaborative relationship between the city and the district; seconded by Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0. 10. COUNCIL COMMITTEE REPORTS Council reported on various events and committee meetings each of them attended on behalf of the City. 11. PUBLIC COMMENTS There were no comments from the floor. 12. OLD BUSINESS Councilwoman Baylock requested an electronic copy of future unapproved Planning Commission minutes to expedite Council's review of actions taken. Councilwoman Baylock stated that the Council's Protocol Subcommittee recently completed a draft of Council Policies and Procedures. She requested that Council consider the drafted policy before the November 6th election. Previously, a Study Session to review the policy had been scheduled for November 5, 2007. After Council discussion, the majority of Council members requested the Study Session be scheduled after the November election. Councilman Cohen requested that this Council be given the opportunity to review and comment on the document. 4 Burlingame City Council October 1,2007 Revised Unapproved Minutes 13. NEW BUSINESS Councilman Cohen stated that he has designed a flyer for residents about the need to move their cars off the street on street sweeping days. He suggested residents distribute the flyer to their neighbors reminding them of the street sweeping days in their neighborhood. The flyer is available on his website. 14. ACKNOWLEDGMENTS a. Commission Minutes: Library, August 21, 2007 b. Department Reports: Police,August 2007 c. Letter from Community Gatepath gratefully acknowledging the City's contribution d. Memorandum concerning policy adopted by Planning Commission—On-Site Noticing for Residential Design Review Projects 15. ADJOURNMENT TO CLOSED SESSION Mayor Nagel adjourned the meeting at 8:44 p.m. in memory of Mary Looney, the mother of resident Marie Woods, and Bob Bruss, a local columnist/writer. CLOSED SESSION CA Anderson reported that Council met in closed session and directed staff regarding the following: a. Threatened Litigation(Government Code §54956.9(b)(1),(3)(c) Claim of Northland Insurance Company and Simon Marina 16. ADJOURNMENT Mayor Nagel adjourned the meeting at 9:02 p.m. Respectfully submitted, Doris J. Mortensen City Clerk 5 Burlingame City Council October 1,2007 Revised Unapproved Minutes of Burfii BURLINGAME Rudy Horak IS HEREBY PROCLAIMED ONE OF THE 1 wiiL- gt of 4""w IW imi 4, Ff FOR PROVIDING OUTSTANDING COMMUNITY SERVICE NiviL, 'k-l" -1 1 TtRRY NAGEL,MAYOR CITY O� BURLJNGAME STAFF REPORT AGENDA ITEM # 6a °qq ° MTG. DATE October 15, 2007 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: October 10, 2007 APPR ED FROM: Doris J. Mortensen, City Clerk BY Contact No.: 650-558-7203 SUBJECT: Recommendation to support Measure A, Burlingame Schools Safety and Repair Bond RECOMMENDATION: It is recommended that the City Council urge support for the Burlingame Schools Safety and Repair Bond, Measure A, in the November 6, 2007 Election. BACKGROUND: Elementary and middle school facilities in Burlingame are 50 to 100 years old and in need of repair. Measure A would allow the Burlingame School District to receive matching funds from the state and stretch its construction dollars for necessary repairs in Burlingame schools. EXHIBITS: - Message Points for Measure A dated October 1, 2007 - Measure A Ballot Language BUDGET IMPACT: None. Message Points For Burlingame Elementary School District Bond (Measure A) October 1, 2007 1. Elementary and middle school facilities in Burlingame are 50 to 100 years old and badly in need of repair. Leaky roofs, outdated fire alarm systems, deteriorating restrooms, and inefficient heating/ventilation/air-conditioning systems must be repaired. 2. The Measure A bond would allow the district to receive matching funds from the state and stretch its construction dollars for necessary school repairs. 3. All Measure A bond funds will stay in Burlingame to repair our local schools—the state can't take a single dime. 4. The Burlingame Elementary School District(BSD) is entirely separate from the San Mateo Union High School District and has a strong record of fiscal responsibility. It has provided sound oversight of its previous bond measures. The BSD's Superintendent has prudently managed the district's finances during his seven-year tenure. The BSD school board includes a certified public accountant, an attorney, and a management consultant with extensive financial experience. 5. As required by law, an oversight committee will review all expenditures funded by the Measure A. The district's existing Budget Advisory Committee will serve as the oversight committee. This committee currently includes a number of financial professionals and its membership will be expanded to add a senior citizen and a taxpayer advocate. The committee's chair is Blair Sanford, who is the managing principal of a hedge fund. The Budget Advisory Committee meets monthly during the school year. All Budget Advisory Committee meetings are open to the public and minutes can be requested from the district's Business Services office. 6. As required by law, there will be an annual audit of expenditures and construction progress. 7. If the bond doesn't pass, we will continue to make emergency repairs using General Fund money that might otherwise be available for educational programs. 8. For more information about Measure A and why it is vital for repairing our local schools, please visit, see www.YesonMeasureA.us UPDATE: Friday,August 17,2007 SCHOOL MEASURES BURLINGAME SCHOOLS SAFETY AND REPAIR MEASURE BOND(55% APPROVAL REQUIRED) MEASURE A To maintain excellent local schools, fix leaky, deteriorated roofs, improve fire safety, repair and upgrade classrooms, heating/ventilation systems for energy efficiency, and update science, computer and instructional technology, shall Burlingame Elementary School District issue$48.3 million of bonds at legal rates to renovate, acquire, construct, repair and equip local neighborhood schools, sites and facilities, with required independent financial audits, citizens' oversight and no money for administrators' salaries? Bonds Yes Bonds No Agenda Item # 6b Meeting BURLINGAME STAFF REPORT Date: October 15, 2007 SUBMITTED 13<79Ygd APPROVED BY /4 TO: HONORABLE MAYOR AND CITY COUNCIL DATE: October 3, 2007 FROM: PUBLIC WORKS SUBJECT: RESOLUTION APPROVING SEWER SYSTEM MANAGEMENT PLANT (SSMP) RECOMMENDATION: It is recommended that Council approve the attached resolution adopting the Sanitary Sewer Management Plan (SSMP) in accordance with State General Waste Discharge Regulations. BACKGROUND: Over the last five years, the Federal Environmental Protection Agency and the State Regional Water Quality Control Board has become increasingly concerned regarding the public health and safety issues arising from the Sanitary Sewer Overflows (SSO). The SSO typically occur due to blockages and overloading of the sewer system resulting in sewage spills in both public and private properties causing potential health hazards. The factors responsible for the SSO are debris blockages, root intrusion, grease deposits, storm water infiltration and old broken pipes as well as inadequate operations and maintenance of the system. In 2006, the State passed new regulations requiring public agencies responsible for collection and treatment of waste water to adopt the SSMP by November 2, 2007 and update it periodically to incorporate State requirements. Further, the regulations require commitments from agencies to adequately fund the maintenance and capital improvements to the sewer system to reduce SSO. DISCUSSION: Over the past two years, staff has worked with the State officials and developed the attached SSMP for Council approval. The SSMP describes the plans, methods, policies and standards to effectively operate and maintain the sanitary sewer system to reduce the SSO. Further, it includes the procedures for reporting sewage spills and emergency response plan. As part of implementing the SSMP, the City will need to update the sewer ordinance to be in compliance with State requirements for which staff will return to Council in the future. BUDGET IMPACT: Adequate funding is available in the 2007-08 Sewer Enterprise funds budget to implement the SSMP. EXHIBITS: Resolution, SSMP C: City Clerk, City Attorney, City Manager SAA Public Works Directory\Staff Reports\SSMP approval staff report.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING AND ADOPTING THE SANITARY SEWER MANAGEMENT PLAN (SSMP) AND DEVELOPMENT PLAN AND SCHEDULE RESOLVED by the CITY COUNCIL of the CITY of BURLINGAME that: WHEREAS, the State of California has established requirements for all agencies that provide sanitary sewer collection services to develop and implement a Sewer System Management Plan (SSMP) to address sanitary sewer overflow issues; and WHEREAS, the City of Burlingame has developed a comprehensive SSMP that will provide strong guidance and oversight to the City's sanitary sewer system; and WHEREAS, that SSMP provides a plan and schedule for adopting ordinances that will ensure legal authority to implement the SSMP, NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 1. The Sanitary Sewer Management Plan and the Development Plan and Schedule contained in the Plan are approved and adopted. Mayor I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the day of , 2007, and adopted thereafter by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: City Clerk STAFF REPORT AGENDA ITEM NO: BURLE MEETING DATE: October 15,2007 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: DATE: October 5, 2007 APPROVED BY: FROM: William Meeker, Community Development Director— (650) 55 =7255 SUBJECT: PUBLIC HEARING AND ACTION ON ORDINANCE � TO AMEND THE CONDOMINIUM SUBDIVISION AND CONVERSION REGULATIONS OF THE MUNICIPAL CODE FOR CONSISTENCY WITH THE TROUSDALE WEST (TW) AND EL CAMINO NORTH (ECN) ZONING DISTRICTS. RECOMMENDATIOIN: City Council should hold a public hearing and take action on the proposed ordinance to amend the condominium subdivision and conversion regulations in the Municipal Code to make them consistent with the Trousdale West (TW) and EI Camino North (ECN) zoning regulations and the North Burlingame/Rollins Road Specific Plan. Affirmative action should be to adopt the proposed ordinance. In its action, the Council should: 1. Adopt the proposed ordinance; and 2. Direct the City Clerk to publish a summary of the ordinance within 15 days of adoption. The public hearing for action was noticed in a newspaper of general circulation (San Mateo County Times) on October 5, 2007. CITY COUNCIL INTRODUCTION: On October 1, 2007, the City Council introduced the proposed ordinance to amend the condominium subdivision and condominium conversion regulations. The Council, by a 5-0 vote, introduced the ordinance, directed the City Clerk to publish a summary of the ordinance and set the date for a second reading of the ordinance on October 15, 2007. GENERAL PLAN COMPLIANCE: The Trousdale West (TW) and EI Camino North (ECN) zoning districts were adopted in 2005 and 2007 respectively. These two zones were written to implement the North Burlingame/Rollins Road Specific Plan adopted by the City Council and amended to the Burlingame General Plan in September 2004. The provisions of the ECN and TW zoning districts are also consistent with the proposed amendments to the EI Camino Real Gateway Corridor Subarea proposed in the November 15, 2006 amendment to the North Burlingame/Rollins Road Specific Plan. Because of the new approaches to design and location of development proposed in the Specific Plan and included in the two implementing zoning ordinances, the city's condominium subdivision and condominium conversion regulations needed amendment for consistency in implementation. The provisions in the proposed ordinances are consistent with the North Burlingame/Rollins Road Specific Plan because they are taken from the land use element and design guidelines in that adopted plan. The North Burlingame/Rollins Road Specific Plan was adopted as a refinement to the 1969 General Plan which was instrumental in establishing the existing development pattern for this area and provides the umbrella for land use in the area. INTRODUCE ORDINANCES TO AMENDMENT CH.26.30 THE CONDOMINIUM SUBDIVISION AND CH.26.32 THE CONDOMINIUM CONVERSION REGULATIONS OF THE MUNICIPAL CODE October 15,2007 CEQA COMPLIANCE: Article 19. Categorically Exempt per Section: 15305— Minor Alterations in Land Use Limitations, Class 5 consists of minor alterations in land use limitations in areas with an average slope of less than 20%,which do not result in any changes in land use or density. PLANNING COMMISSION ACTION: At their meeting on July 23, 2007, the Planning Commission studied the proposed amendments to the condominium subdivision (Ch 26.30)and conversion regulations(Ch.26.32). The Commission noted some editorial corrections including clarifying the definition of open space to make it clear that swimming pool equipment enclosures are counted as open space and the need to check the consistency in replacing 'Planning Department'with 'Community Development Department'to reflect recent organizational changes. Staff noted that along with the Municipal Code change to establish the Community Development Department, there will be a comprehensive change throughout the Municipal Code to replace Planning Department with Community Development Department. There was discussion among the Commissioners about how'tenant in common'ownerships are affected by the condominium requirements.The City Attorney noted that legally 'tenant in common'ownerships,at this time,are outside of the condominium requirements. The Commission also asked whether it is appropriate to address the requirement that there be'no net loss of units'from the original number on the site when a new condominium or conversion of an apartment building occurs. Staff noted that the'no net loss'issue should be addressed elsewhere in the code. The'net loss of units'issue is an item which is on the Commission's work program for this year and will be addressed later. The Commission set the amendments to the condominium regulations for hearing on August 13,2007. At their meeting on August 13, 2007, the Planning Commission held a public hearing and voted 6-0-1 (C. Brownrigg absent)to recommend the proposed amendments to the Condominium Subdivision (Ch. 26.30) and Condominium Conversion (Ch 26.32) regulations to the City Council for adoption. There were no comments from the public or the Commissioners. The changes to these two chapters of the Municipal Code relating to condominium development were incorporated in to a single ordinance for Commission and Council action. BACKGROUND: In 2003 the Housing Element Subcommittee of the Planning Commission worked with staff to revamp the Condominium Subdivision and Condominium Conversion regulations initially adopted in the 1970's. At that time the condominium regulations were reorganized and separate regulations for commercial and residential condominiums were created. These changes were adopted by the City Council in Ordinance 1706 in 2003. Staff has found them very user friendly. In 2006 and 2007 the Planning Commission recommended,and Council adopted,new zoning regulations for the Trousdale West(TW)and EI Camino North (ECN)areas. In order to implement the development and design objectives in the North Burlingame/Rollins Road Specific Plan,these two zoning districts incorporate new development regulations which are not consistent with the condominium regulations established for the R-3 and R-4 zoning districts. For example,in the ECN district along EI Camino Real streetwalls which extend from side property line to side property line with a zero setback along the front property line are required for the first 35 feet in height of a structure. These standards make it impossible to have a curved driveway with off-street loading along EI Camino. Private open space balconies for residential development along side property lines for the first 35 feet are also not feasible. When these zoning districts were being reviewed,the Planning Commission and Council both recognized that the condominium subdivision and conversion regulations would need to be amended to address the new development policies and their zoning implementation. Staff was directed to make the appropriate amendments to the condominium regulations. -2- INTRODUCE ORDINANCES TO AMENDMENT CH. 26.30 THE CONDOMINIUM SUBDIVISION AND CH. 26.32 THE CONDOMINIUM CONVERSION REGULATIONS OF THE MUNICIPAL CODE October 15, 2007 Summarized below are the changes recommended to the Condominium Subdivision and Conversion ordinances: Condominium Subdivision Requirements for New Construction (CS 26.30) (See Annotated Text: Revision to Condominium Subdivision Regulations) • Clarified definition of 'open space' to include interior spaces such as exercise rooms, meeting rooms or any other improvement approved by the Planning Commission. It was also clarified that swimming pool equipment enclosures will be included in the definition of open space. (Given the densities allowed in TW and ECN some sites will not be able to meet the common open space requirement even with roof gardens, without dedicating some area within the structure to common use (CS 26.30.040 (f)). • The Basic Standards section (CS 26.30.060) introduction was amended to clarify that these items are criteria for which findings should be made when the Commission or Council acts on a condominium subdivision. • Within the Basic Standards section (CS 26.30.060 (b)) reference to the Housing Element and design requirements were added as criteria for approval. Density requirements of the applicable zoning district were already noted in the regulation. • The Minimum Requirements section (CS 26.30.070) was amended to allow for the development requirements (setbacks, height, etc.) of the TW and ECN zone including use of a unistall parking dimension instead of compact and standard stalls. Amendments also include exemption from the requirement for on-site delivery for properties which front only on EI Camino Real where, with a continual street-wall, delivery bays are not possible. • Clarify that the off-street parking requirements for mixed use buildings shall be determined by the zoning district in which the development is located (CS 26.30.070 (a) (4)). • Clarify that the front, side and rear setback requirements shall be established by the zoning district in which the property is located. In the past a minimum 5 foot setback was required for all multiple- family development which was to be built as a condominium in order to off set the minimum 3 feet and 4 feet earlier allowed on narrow lots in the R-3 and R-4 zones. However, multiple family development in the R-3, R-4, and TW zones now requires a 5 foot minimum side setback for residential condominium development, so this change will not affect the minimum side setback requirement (CS 26.30.070 (6)). • Private open space requirements are amended to exempt first floor residential development in the ECN district from providing private open space. Because of setback requirements in the ECN zone, first floor private open space may not be possible in many cases (CS 26.30.070 (e) (3)). • Common open space will be allowed to be provided in roof top gardens in all multiple family zones; however the minimum open space dimension requirements remain the same. Without this provision for roof top gardens it will be hard to meet the common open space requirements in the TW and ECN zones. Allowing such use of roof areas is always discretionary for the Commission (CS 26.03.070 (e) (4))• • A section was added describing the time limits for the City's condominium subdivision approval action. The time limits for the condominium permit are tied to the tentative map rather than the zoning approvals. This difference is already established in the zoning code (CS 25.16.130 (a)) but for clarity should also be included with the ordinance governing condominium subdivisions. It should be noted that the zoning code regulations provide that the planning approvals last for the duration of the tentative map (CS 25.16.130 (b)). -3- INTRODUCE ORDINANCES TO AMENDMENT CH. 26.30 THE CONDOMINIUM SUBDIVISION AND CH. 26.32 THE CONDOMINIUM CONVERSION REGULATIONS OF THE MUNICIPAL CODE October 15, 2007 Condominium Conversion Requirements (CS 26.32) (See Annotated Text: Revision to Condominium Conversion Requirements) • The title 'Planning Department ' was changed to 'Community Development Department' throughout the chapter. In a few places the term 'city' was changed to 'Community Development Department' to make it clear which City department has the responsibility. • The minimum requirements section title was amended to clarify that these are minimum project requirements (CS 25.32.085). • The minimum project requirements section (CS 26.32.085) was amended to incorporate by reference the project requirements for a condominium subdivision (CS 26.30.080) which now reflect the different standards of the TW and ECN zone. This change allowed major editing of this section. One benefit of this editing is that it reduces possible consistency errors between the subdivision and conversion regulations if changes are made in the future. STAFF COMMENTS: Staff would note that during the review process of the North Burlingame/ Rollins Road Specific Plan and the implementing Trousdale West (TW) and EI Camino North (ECN) zoning district, both the Planning Commission and City Council recognized that the condominium regulations would require amendment. As a result, the issues behind these proposed revisions have already been thoroughly discussed, including public hearing, at the general plan policy and zoning implementation level. Since a large portion of the new development in the TW and ECN zones is likely to be multiple-family residential, it is important for the condominium subdivision requirements to be consistent with these new policies. Further, for consistency of future administration and development, the Condominium Conversion requirements need to be consistent with the Condominium Subdivision requirements. ATTACHMENTS: • Annotated Text: Revisions to Condominium Subdivision Regulations to Address the EI Camino North (ECN) and Trousdale West (TW) Zoning Districts, August 1, 2007 (Amend Chapter 26.30) • Annotated Text: Revisions to Condominium Conversion Regulations to Address the EI Camino North (ECN) and Trousdale West (TW) Zoning Districts, August 1, 2007 (Amend Chapter 26.32) • Newspaper Notice of City Council Public Hearing published on October 5, 2007 • Ordinance of the City of Burlingame to Amending Chapters 26.30 and 26.32 to Make Chapters Consistent with Provisions of EI Camino North (ECN) and Trousdale West (TW) Zoning Districts and Other Clarifying Changes S:IREPORT=ode AmendmentslCondominium Regulations0dopt Condo Amend.10.15.07.doc -4- Draft Date: August 1, 2007 Annotated Text Revisions to Condominium Subdivision Regulations to address the El Camino North (ECN) and Trousdale West (TW) Zoning Districts In 2007 the City Council created two new zoning districts to implement the North Burlingame/Rollins Road Specific Plan. These two mixed use (residential and commercial) districts are located within in walking distance to the intermodal transit station in Millbrae. To encourage high density, more pedestrian oriented development arranged to visually narrow this portion of El Camino Real so that it would better fit the predominant existing image of El Camino in Burlingame; the development standards for residential or mixed use buildings in this area are substantially different from those in the R-3 and R-4 zoning districts. Because of these changes it is necessary to revise the condominium subdivision regulations to match the adopted zoning standards for these two districts. Overall the condominium regulation standards remain the same for all zones: a conditional use permit is required, definitions for key words are established, and the basic standards established including criteria for granting a condominium subdivision. Changes are reflected in the sections which define the minimum development standards for a condominium. This section has been rewritten to be based on the development requirements for each zoning district. The R-2 (duplex), R-3, R-4 districts continue to be grouped together, as they are in the current regulations. New minimum requirements are established for the TW and ECN districts. In the future, if new multiple family or mixed use zones with different requirements are adopted, this section can be easily amended by adding minimum requirements provisions which apply to that zoning district. Additions to the text are shown in italics deletions by striLethrnvunh Chapter 26.30 CONDOMINIUM SUBDIVISIONS Sections: 26.30.010 Purpose 26.30.020 Construction Permit required. 26.30.025 Conversion Permit. 26.30.030 Community apartments. 26.30.040 Definitions. 26.30.050 Initiated projects. 26.30.060 Basic Standards. 26.30.070 Minimum Requirements for the R-2, R-3, R-4 Districts. 26.30.080 Minimum Requirement for the Trousdale West (TW) and El Camino North (ECN) Districts. 26.30.090 Time Limits Annotated Condominium Subdivision Regulations:Add TW and ECN Districts August 1,2007 26.30.010 Purpose. This chapter is adopted to ensure each condominium project supports sound community planning; supports the economic, ecological, social and aesthetic qualities of the community; and supports the public health, safety and general welfare. Review criteria are needed to adequately evaluate residential, commercial and industrial condominium subdivisions and insure that they are consistent with the purposes of this chapter, the city's general plan, its implementing zoning, and this code. (Ord. 1706 § 2, (2003)) 26.30.020 New construction permit required. Before final approval and issuance of any building permit for any condominium or condominium project, a developer, builder or other person seeking to construct such a project shall first apply for and obtain from the planning commission a condominium permit. A condominium permit shall be issued only: (a) Upon approval of the planning commission, or city council upon appeal or review, finding that the project conforms to the provisions of Chapter 26.30 and to all applicable zoning regulations of Title 25 of this code; and (b) Upon payment of fees in the amount required by this code and resolution of the city council. Applications for condominium new construction permits shall be evaluated and processed pursuant to the procedural requirements set forth for conditional use permits in Title 25 of this code. (Ord. 1015 § 1 (part), (1974); Ord. 1706 § 2, (2003)) 26.30.025 Conversion permit. Any developer, builder or other person seeking to convert an existing structure to a condominium shall first apply for and obtain from the planning commission a condominium conversion permit pursuant to Chapter 26.32. Condominium conversions shall be limited to a parcel containing structures with a total of more than twenty(20) residential units or with commercial, office, or industrial structures with a total of more than twenty thousand (20,000) square feet. Applications for condominium conversion permits shall be evaluated and processed pursuant to the procedural requirements set forth for conditional use permits in Title 25 of this code. (Ord. 1015 § 1 (part), (1974); Ord. 1206 § 1, (1981); Ord. 1706 § 2, (2003)) 26.30.030 Community apartments. Community and cooperatively owned apartments or commercial, office, or industrial units shall be subject to the same restrictions, conditions, requirements and application fees as new condominiums and condominium conversions under Chapter 26.32. (Ord. 1015 § 1 (part), 2 Annotated Condominium Subdivision Regulations:Add TW and ECN Districts August 1,2007 (1974); Ord. 1706 § 2, (2003)) 26.30.040 Definitions. For the purpose of this title, the following words and phrases shall have the following definitions: (a) "Common areas" means the entire project, excepting all units therein granted or reserved. (b) "Community or cooperatively owned" means a development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment or space within a commercial building located thereon. For all purposes of this code, community or cooperatively owned structures shall be subject to the same restrictions, conditions and regulations as condominiums. (c) "Condominium"means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property such as an apartment, office or store. A condominium may include, in addition, a separate interest in other portions of real property. Such separate interest may, with respect to the duration of its enjoyment, be either(1) an estate of inheritance or perpetual estate, (2) an estate for life, (3) an estate for years, such as leasehold or sublease hold, or(4) a right of use. For the purposes of this chapter, a townhouse is a condominium. (d) "Condominium project" means the entire parcel, or portion thereof, or real property, including all structures thereon, subdivided or to be subdivided, for the purpose of constructing or converting existing structures to condominium units. (e) "Conversion"means a proposed change in the ownership interest of a parcel or parcels of land, together with the existing or added structures, some of which were previously occupied, from that established to the type of ownership interest defined as community apartments, stock cooperative, or condominiums. (f) "Open space" means that area of a lot which is: (1) Open and unobstructed from the ground to the sky; or (2) Open and unobstructed from the ground to roof eaves or balconies above the ground floor; or (3) Area covered by swimming pool and pool equipment enclosures, or other recreation- oriented construction and equipment or decks, including such areas as designated and equipped exercise facilities, meeting room or other improved area approved by the Planning Commission. 3 Annotated Condominium Subdivision Regulations:Add TW and ECN Districts August 1,2007 Annotation: In the TW and ECN zoning districts there was discussion that common open space areas could be within the building so long as they were available to and shared by all the residents and were recreationally or socially oriented. Laundry rooms were not considered as common open space. However an in-door pool or exercise room could be considered common open space.The language in the definition was changed to both clarify the current wording which implies indoor areas might be considered and to be specific about what kind of indoor areas might,with the approval of the Planning Commission, be considered. (g) "Units"means the elements of a condominium which are not owned in common with the owners of other condominiums in the project.(Ord. 1015§1(part),(1974);Ord.1706§2, (2003)) 26.30.050 Initiated projects. No condominium project,regardless of when initiated,for which a building permit has been issued shall be exempt from the requirements of obtaining a condominium permit or condominium conversion permit unless actual construction has commenced.(Ord. 1015§ 1 (part),(1974)) 26.30.060 Basic standards. The following condominium standards shall apply to all land and structures proposed as a part of a condominium project and shall be evaluated and processed pursuant to the procedural requirements set forth for conditional use permits in Title 25 of this code.No condominium project or portion thereof shall be approved or conditionally approved in whole or in part unless the planning commission,or city council upon appeal or review,has reviewed and found the project conforms with the following on the basis of their effect on:sound community planning; the economic,ecological,social and aesthetic qualities of the community;and on public health, safety and general welfare: Annotation: The change to this text calls out that findings of no effect on community planning economic and other qualities of the community and on the public health,safety and general welfare are necessary to approve a condominium permit. Moreover the Planning Commission needs to act based on ability to make these findings. (a) The overall impact on schools,parks,utilities,neighborhoods,streets,traffic,parking and other community facilities and resources; (b) Conformity with the general plan,housing element and density..,..mit4ed by zoning density and design regulations; 4 Annotated Condominium Subdivision Regulations: Add TW and ECN Districts August 1, 2007 Annotation: The language added to this section clarifies that conformity with the general plan including the Housing Element and with the zoning including the design requirements are necessary. This addition is really an update since the city's requirements have changed since the original condominium subdivision regulations were adopted in the 1970's. (c) A detailed development and site plan of the project including: the location, treatment and sizes of structures; separation between living units and along property lines; parking layout, access areas and exterior elevations; location and use of common areas and other designated open space and security provisions; and location of loading zone and trash enclosure, including recycling area, and mechanical equipment; (d) A detailed landscaping plan indicating sun and shade patterns on the site, the types and sizes of landscaping materials retained and to be installed, and their suitability to the sun and shade conditions on the site; (e) A detailed lighting plan indicating location and nature of lighting and lighting fixtures on all structures and in the common areas; (f) A copy of conditions, covenants and restrictions and any condominium agreements for the project setting forth the occupancy and management policies for the project; (g) For each condominium unit, floor plans indicating the total floor area, the number, type and size of rooms, the type of separation walls; provisions for achieving sound control and privacy; provisions for insulating exterior walls and roof from heat and cold; and location of hot water heaters, furnaces and storage areas within each unit and in the common areas; and (h) Provisions for the dedication of land or easements for street widening, public access or other public purposes, where necessary, and in accordance with established planned improvements. (Ord. 1015 § 1 (part), (1974); Ord. 1706 § 2, (2003)) 26.30.070 Minimum requirements Annotation: The following special requirements for residential condominium development were originally written to apply to the R-2 (duplex), R-3 (multiple family) and R-4 (multiple family) zoning districts. The proposed amendments, shown in italics and annotated, expand these requirements to include the Trousdale West (TW) and El Camino North (ECN) zoning districts. The development standards in these districts are different, so modification of the minimum condominium requirements is necessary. 5 Annotated Condominium Subdivision Regulations:Add TW and ECN Districts August 1,2007 Except as otherwise provided by law, in approving or conditionally approving any condominium project, the following shall be required: (a) Parking. (1) For multiple family residential condominiums, there shall be off-street parking as required by this code and at least one parking space shall be in the ownership of each residential unit. No on-site parking spaces shall be rented or leased to any on- or off-site person.If unistall parking dimension is not used, compact parking spaces shall be allowed in residential condominium development in the following ratio: Required Parking Spaces Allowable Compact Spaces 1-10 1 10-20 2 Over 20 3 Annotation: This provision is changed because the TW and ECN zones allow the option of unistall parking, instead of standard and compact dimensioned parking stalls. It is clear in the zoning that standard/compact parking stalls cannot be combined with unistall spaces. This provision makes that distinction clear for condominiums. (2) On-site guest parking spaces shall be provided for all residential condominium and cooperative developments. Guest parking spaces shall be held in common ownership, shall not be rented or assigned to residents or non-residents, and shall not be sold or transferred except with the sale of all units as a single entity. Guest parking spaces may be designed to compact standards as defined in Chapter 25.70. Guest parking spaces shall be provided in residential condominium and cooperative development in the following ratio: Number of Dwelling Units Required Guest Parking Spaces 2 to 4 units 1 5-15 units 2 15 or more 3 Annotation: No change is made to this requirement, since whether guest parking spaces are unistall or not, they should be provided. (3) Except for properties in the El Camino North (ECN) district with a lot front on El Camino Real with no secondary frontage on another street, all residential condominium developments shall provide an area for on-site deliveries. 6 Annotated Condominium Subdivision Regulations: Add TW and ECN Districts August 1,2007 Annotation: The zero lot line development concept on El Camino to facilitate optimum pedestrian activity and the design guidelines for El Camino would make it impossible to provide an area for off street load and unloading on El Camino. Since only a portion of a building on Trousdale and the other streets in the TW and ENC districts is allowed to be built close to property line, it is possible to provide an off street delivery, loading and unloading area. (4) For commercial uses in mixed use structures, there shall be off street parking as required by this code. If unistall dimension for parking, is not used, such parking may include compact parking as allowed in Chapter 25.70. Annotation: In these two zones the only commercial uses allowed are in mixed use buildings. The parking option of unistall provided in the two zoning districts applies to parking for commercial uses as well. It should be noted that CS 25.41.090 Special Parking Requirements (ECN) does not require any on site parking for first floor retail uses. This provision would apply as well. No retail uses are allowed in the TW zone so the first floor retail on-site parking exemption does not apply. (5) Parking requirements compliant with the American Disabilities Act shall be provided on site as required by the California Building Standards Code as amended by this code. (b) Access, Vehicular Driveways, and Parking Areas. (1) All private streets, driveways, and parking areas shall be improved and constructed with a structural section in accordance with city standards. They shall be designed and maintained to insure access for municipal services to any dwelling unit therein. (2) Only temporary parking for service vehicles shall be allowed in the driveway between the front property line and the face of the building. Calculation of private open space and common open space at ground level shall not include any vehicular driveways or parking areas. (c) Setback Requirements. Front, side and rear setback requirements shall be as set out in the zoning district regulations applicable to the parcel or parcels being developed. Side Sethaek. Requir-ements. Side sethaeks shall be five (5) feet minimum or-gr-ea4er-as determin " Trirrnfl.czT Annotation: In the original condominium subdivision regulations applicable to the R-2, R-3, and R-4 zones, a higher minimum standard for side setback was established. This was to address cases where the minimum required setback is 3 or 4 feet. Because 7 Annotated Condominium Subdivision Regulations:Add TW and ECN Districts August 1,2007 condominiums are owned, the Council determined, when originally establishing the regulations in the 1970's, that if units on narrower lots were to be owned there should be more than the minimum 3-4 foot separation between buildings; thus the minimum 5 foot separation. In the case of the TW and ECN zones, the design guidelines encourage lot line development in order to achieve a better pedestrian experience. The ECN zoning provides when the structure rises more than 35 feet, then a 15 foot side setback must be provided. In the current R-3, R-4 and TW zones, any structure with multiple family dwellings must have at least a 5 foot setback. Therefore, deferring this standard to the zoning regulations will achieve the same 5 foot separation for residential condominium development as desired by the Council in the 1970's. (d) Conditions, Covenants and Restrictions Agreements. Conditions, covenants and restrictions agreements shall contain,but not be limited to, adequate provisions for maintenance, repair and upkeep of all structures, site landscaping and other on-site improvements; provisions that in the event of destruction or abolishment, reconstruction shall be in accordance with codes in effect at the time of such reconstruction; and provisions for dedication of land or establishment of easements for street widening or other public purpose. Covenants, conditions and restrictions shall describe: powers, duties, rights and obligations set forth in Civil Code Section 1355; the proposed form of owners' association; and suggested by-laws, maintenance agreements, use restrictions, and special funds to cover emergency repairs; and require and enforce that on-site parking spaces be owned or assigned to condominium owners or held in common ownership by the condominium association shall be used only by bicycles or currently registered and operable motor vehicles as defined by the Vehicle Code. (e) Landscaping and Open Space Standards. (1) Front setback landscaping for residential condominium or cooperative development. Landscaping is required between the front property line and face of the building equal to and not less than fifty (50)percent of the lot area within the required front setback. Emphasis should be placed on minimizing turf and ground cover areas and on planting larger scale and more vertical plant material which will frame and screen the view of the structure from the street. If a circular drive is provided a special permit may be requested to reduce the required front setback landscaping to forty-five(45)percent of the lot area within the required front setback. (2) Site landscaping shall be suitable for the specific sun/shade environment of the lot. (3) Private open space for residential condominium or cooperative development. Private open space shall be provided for each unit and shall be contiguous and directly accessible to each unit, except in the ECN district where private open space shall not be required for dwelling units on the ground floor. Private open space may be paved or landscaped and shall be screened or fenced for the privacy of the residential unit when located within four(4) feet of established grade. Decks and balconies when designated for outdoor use may be used to satisfy 8 Annotated Condominium Subdivision Regulations:Add TW and ECN Districts August 1,2007 this requirement.The following minimum standards for private open space shall apply: (A) Seventy-five(75)square feet for each unit above the ground floor with no dimension of a designated area less than three and one-half(3-1/2)feet. Annotation: The design guidelines for the North Burlingame planning area do not mention including balconies on multi-family residential buildings. This provision of the condominium guidelines requires private open space in the form of balconies for all residential units above the ground floor. No private open space would be required for first floor residential units. It should be noted that the condominium requirements in Burlingame have traditionally set a higher standard for development of multiple family uses than the zoning. Based on that the condominium regulations can require balconies or decks for private open space in the TW and ECN zoned areas. With the present zoning regulations for TW and ECN, multiple family rental units would not be required to provide balconies. The balcony size used proposed in this section is the same as in the R-4 zone. These dimensions were originally based on establishing a useable outdoor area. (4) Common open space for residential condominium and cooperative development.In addition to private open space,open space accessible to or enjoyed by all project residents shall be provided at not less than one hundred(100)square feet per dwelling unit,with no dimension of any designated common open space area to be less than fifteen(15)feet.Such common areas may be designed for passive or active use,and include landscaping or paving,provided such paving does not exceed fifty(50)percent of the total required area.All such afeas shall be a4 a within six(6)feet ef established grade;roof tep areas shall net qualify as eeffhiien epen spae,— Common open space areas may be provided within the required rear setback,or when the rear setback is inadequate,such open space may be provided on appropriately designed,rooftop areas. Annotation: This provision provides for one significant change in the ECN and TW zones that the Planning Commission's thought should be encouraged, roof top gardens. Commission felt that roof top gardens would not be a privacy issue, given the height of the future buildings and also that such gardens provide a more attractive distant view for the houses on the hills above. However, as the private and common open space requirements are written here,exempting first floor units from the private open space requirement would allow the entire rear setback to be used for common open space, providing it is not consumed by driveways. (5) Common open space for commercial and commercial portions of mixed-use structures. Common open space may be provided above the fzrstlloor,but is not required. 9 Annotated Condominium Subdivision Regulations: Add TW and ECN Districts August 1, 2007 Annotation: The zoning requirements for the TW and ECN zones do not require private or common open space for commercial development. This provision is written to provide an architect the opportunity of providing common open space, such as balcony dining in a mixed use building, but does not require it. Further this provision does not require provision of common open space on the first floor for commercial uses. First floor common open space does not necessarily support the idea of a continuous built street wall, which is friendly to pedestrians. However, wider sidewalks are required in the Trousdale and El Camino areas, so merchants can put tables out with an encroachment permit. (f) Project Plans and Submittals. Project plans shall indicate accessibility for owners, guests, employees and customers to parking, storage, recreation and service areas; separation between living units and along property lines; provisions for security; orientation with respect to surrounding buildings and land uses; the location and type of utilities, building services and separate facilities for individual units and access easements to make repairs including: (1) Separate gas and electric meters and separate water shutoff valves; individual residential unit climate controls and any proposed climate zones (based on types of unit uses) for non- residential condominium projects; (2) Shock mounting of mechanical equipment to reduce sound transfer; (3) Flexible connectors for electrical and plumbing connections; (4) Sound levels shall satisfy adopted noise element criteria and all state standards; (5) Other reports may be required by the city as a condition for approving a condominium permit including an economic report, social impact of relocation procedures; report of structural condition; report on building compliance with all building, fire and zoning codes for proposed uses; certificate of occupancy; and sufficient additional information prepared by licensed professionals to evaluate the soundness of the conversion proposed project. (Ord. 1015 § 1 (part), (1974); Ord. 1706 § 2, (2003)) 26.30.080 Time Limits A condominium permit granted or issued pursuant to Title 26, shall become null and void when the tentative map for the condominium expires because no final map has been f led pursuant to State law and this code, rather than the time limits for the planning approvals specified in CS 25.16.130 (a). 10 Annotated Condominium Subdivision Regulations:Add TW and ECN Districts August 1,2007 Annotation: This addition addresses two issues. First it lets applicants know the time limit on a condominium permit is the same as the tentative map, currently 2 years. However, in the past the State Legislature has been known to lengthen this time when the economy is poor. Second, it makes it clear that the life-time of this permit is not tied to the zoning code and thus not necessarily the same as any zoning approvals required for the project. The final thing addressed in this section is that this time limit will change automatically with changes in State law. 11 Draft: August 1, 2007 Annotated Text Revisions to Condominium Conversion Regulations to address The El Camino North (ECN) and Trousdale West (TW) Zoning Districts Annotations follow section where changes are proposed. Changes to text are shown in italics and by stfilethfough-. Chapter 26.32 CONDOMINIUM CONVERSION PERMITS 26.32.010 Purpose. The city finds and determines that condominiums differ from buildings in which all units are in a single ownership in numerous respects and for the benefit of public health, safety and welfare, condominium projects should be treated differently. The city therefore states its express intent to adopt regulations for the conversion of existing buildings to condominium or cooperative ownership. Condominium conversion regulations are for the protection of displaced tenants and the purchasers of condominiums and cooperatively owned buildings. The purposes of this chapter are therefore: (a) To establish criteria for conversion of the existing multiple family rental housing to condominiums, community apartments, cooperatively owned property, and any other subdivision which is a conversion of existing rental housing, commercial, office or industrial buildings; (b) To reduce the impact of such conversions on residents in rental housing and tenants in commercial, office and industrial buildings who may be required to relocate due to the conversion to condominium ownership by providing for procedures for notification and adequate time and assistance for such relocation; (c) To assure that adequate information as to about the physical conditions of the structure which is offered for purchase is made available to purchasers of converted housing, commercial, office or industrial spaces; (d) To insure that converted properties achieve a high degree of appearance, quality and safety and is consistent with the general plan and zoning goals of the city; (e) To provide a reasonable balance of ownership and rental housing in the city and a variety of choices of tenure, type, price, and location of housing; and (f) To maintain a supply of rental housing for elderly, handicapped, and low and moderate income persons. (Ord. 1206 § 2 (part), (1981); Ord. 1707 § 2, (2003)) Annotated Text. Revisions to Condominium Conversion Regulations to address the El Camino North(ECN)and Trousdale West(TN9 Zoning Districts August 1,2007 26.32.020 Condominium conversion permit required. Before final approval and issuance of any building permit for any condominium conversion project, a developer, builder or other person seeking to construct such a project shall first apply for and obtain from the planning commission a condominium conversion permit. Such condominium conversion permit shall be issued only: (a) Upon approval of the planning commission, or city council upon appeal or review, after it determines that the project has adequately met all the disclosure and upgrade requirements for conversion as required in this chapter or the planning commission has waive the requirement based on findings related to the property; and (b) Upon approval of the planning commission, or city council upon appeal or review, after it determines that such the project conforms to all applicable zoning regulations of Title 25 of this code; and (c) Upon the payment of fees in the amount required by Section 26.24.090 and council resolution. Applications for condominium new construction permits shall be evaluated and processed pursuant to the procedural requirements set forth for conditional use permits in Title 25 of this code. (Ord. 1206 § 2 (part), (1981); Ord. 1707 § 2, (2003)) 26.32.025 Conversion prohibited for twenty or fewer units or less than 20,000 square feet if commercial office, or industrial. No application shall be accepted, and no conversion shall be allowed, for any residential project which will produce twenty(20) or fewer condominium units or if in a commercial, office or industrial structure, containing less than twenty thousand (20,000) square feet of building area. (Ord. 1206 § 2 (part), (1981); Ord. 1707 § 2, (2003)) 26.32.030 Application requirements. No application for a condominium conversion project shall be accepted for any purpose unless the application includes the following: (a) A site plan based on a site survey with at least the following details shown to scale: (1) The location, height, gross floor area and proposed uses for each existing structure to remain and for each proposed new structure; 2 Annotated Text. Revisions to Condominium Conversion Regulations to address the El Camino North (ECN)and Trousdale West(TW)Zoning Districts August 1,2007 (2) The location, use and type of surfacing for all open storage areas; (3) The location and type of surfacing for all driveways,pedestrian ways, vehicle parking areas and curb cuts; (4) The location, height and type of materials for walls or fences; (5) The location of all landscaped areas, the type of landscaping and method of irrigation; (6) The location and description of all recreational facilities; (7) The location, size and number of parking spaces to be used in conjunction with each condominium unit; (8) The location, type and size of all drainage pipes and structures; (9) The location and type of all on-site and nearest off-site fire hydrants; (10) A detailed lighting plan indicating location and nature of lighting and lighting fixtures on the site and structure and in the common areas; (11) The location, type and size of all on-site and adjacent overhead utility lines; and (12) A grading plan showing existing contours,building pad elevations and percent slope for all driveways and parking areas. (b) Fully dimensioned elevation plans for all structures on the site, showing the architectural features and type of material of construction. (Ord. 1206 § 2 (part), (1981); Ord. 1707 § 2, (2003)) 26.32.040 Physical elements report. A report on the physical elements of all structures and facilities shall also be submitted with the application. The report shall include, but not be limited to, the following: (a) A report detailing the structural condition of all elements including structures, paving and fences of the property including, but not limited to, foundations, electrical, plumbing, utilities, walls, ceilings, windows, recreational facilities, fire protection sprinklers, alarms, mechanical equipment, roof,parking facilities and appliances, including all appliances installed in each unit. Such report shall be prepared by a registered civil or structural engineer. Regarding each such element, the report shall state, to the best knowledge or estimate of the 3 Annotated Text. Revisions to Condominium Conversion Regulations to address the El Camino North(ECN)and Trousdale West(TT9 Zoning Districts August 1,2007 professional preparing the report, when such element was built, the condition of each element, when the element was replaced, the approximate date upon which the element will require replacement, the remaining useful life of the element, the cost of replacing the element, and any variation to the physical condition of the element from the current zoning and from the building code in effect on the date of the report. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed, including making all structures compliant with the California Building and Fire Codes in effect at the time the report is submitted to the city; (b) A report containing acoustical test data which indicates the noise attenuation characteristics of existing party walls and ceilings. The data for such report shall include a representative sampling of units involved in the project, but in no case fewer than two (2) dwelling units, and shall be compiled by a qualified licensed acoustical engineer experienced in the field of acoustical testing and engineering. The consultant shall be selected by the MY Community Development Department and shall perform the sampling in areas or units as approved or directed by the e4y Community Development Director or his designee. Annotation: The reference to the `city' is vague; it has been replaced with identification of the specific department and personnel responsible for giving this direction for the city. This change is made to be consistent with the Planning Commissioner's concern at study, that the Community Development Department references be clear, given that the Community Development Department title has recently replaced the Planning Department. (c) A report prepared by a licensed civil engineer evaluating the prospects for providing separate utilities for the individual units; (d) A study of off-street parking, on-site maneuvering and parking stall access provided on site prepared by a licensed civil engineer; (e) A report from a licensed structural pest control operator, approved by the cam} Community Development Department, on each structure and each unit within the structure. Annotation: The reference to the `city' is vague; it has been replaced with identification of the specific department responsible for giving this direction for the city. This change is made to be consistent with the Planning Commissioner's concern at study, that the Community Development Department references be clear, given that the Community Development Department title has recently replaced the Planning Department. (f) A report prepared by a licensed soils engineer on any known soil and geological 4 Annotated Text. Revisions to Condominium Conversion Regulations to address the El Camino North(ECN)and Trousdale West(TW)Zoning Districts August 1,2007 conditions regarding soil deposits, rock formations, faults, groundwater and landslides in the vicinity of the project, and a statement regarding any known evidence of soils problems relating to the structures. Reference shall be made to any previous soils reports for the site and a copy submitted with the report. (g) A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve a high degree of appearance and to achieve full compliance with the current, applicable requirements of the California Building and Fire Codes and requirements of the zoning code. (h) Provisions for the dedication of land or easements for street widening, public access or other public purpose, where necessary, and in accordance with established planned improvements. (Ord. 1206 § 2 (part), (1981); Ord. 1707 § 2, (2003)) 26.32.050 Additional submittals. The following shall also be submitted with the application: (a) A draft declaration of the covenants, conditions and restrictions, conforming to Department of Real Estate requirements, which would be applied on behalf of any and all owners of condominium units within the project. The draft declaration shall include, but not necessarily be limited to, the conveyance of units, the assignment of parking, an agreement for common area maintenance, including facilities and landscaping (together with an estimate of any initial assessment fees anticipated for such maintenance), description of a provision for maintenance of all vehicular access areas within the project; and an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit,provide for on-going maintenance of landscaping and physical facilities on the site including all structures and fencing, and designation of the responsibility to the condominium association to require and enforce that all onsite parking spaces shall be used only by operating vehicles and not for storage of boats, camper shells or other personal possessions. The declaration shall include all provisions required pursuant to tenant retention and relocation requirements of Chapter 26.33 of this code. (b) Specific information concerning the demographic characteristics of the project, including but not limited to the following: (1) Square footage and number of rooms in each unit, (2) Rental rate history for each type of unit for previous two (2) years, (3) Monthly vacancy rate for each month during the preceding two (2) years, (4) Composition of existing tenant households, including household size, length of 5 Annotated Text. Revisions to Condominium Conversion Regulations to address the El Camino North(ECN)and Trousdale West(TNS Zoning Districts August 1,2007 residence, age of tenants, and whether receiving federal or state rent subsidies or number of employees by tenant and rents charged for commercial, industrial, and office uses; (5) Proposed sales price of units, (6) Proposed homeowners association fee, (7) Proposed financing, and (8) Names and addresses of all tenants. When the developer can conclusively demonstrate that some of this information is not available, this requirement may be modified by the planning community development department. Annotation: The name of the Planning Department was changed to Community Development; the text is changed to reflect this change. (c) Signed copies from each tenant of a notice of intent to convert as required by this code, or for tenants from whom a notice of intent to convert is not submitted by applicant,proof of notice by certified mail to such tenants. At the election of the applicant, the copies of the notice of intent to convert and the proof of notice shall be submitted after the filing of the application, provided that such copies and proof shall be submitted prior to any public hearing on the proposed conversion; (d) Signed consent to the conversion by the tenants of at least a majority of the units; (e) Any other information which, in the opinion of the plannin community development department, will assist in determining whether the proposed project will be consistent with the purposes of this code. (Ord. 1206 § 2 (part), (1981); Ord. 1707 § 2, (2003)) Annotation: The name of the Planning Department was changed to Community Development; the text is changed to reflect this change. 26.32.060 Acceptance of reports. The final form of the site plan, physical elements report and other submitted documents shall be as approved by the city. The reports in their accepted form shall remain on file with the plying community development department for review by any interested persons. (Ord. 1206 § 2 (part), (1981); Ord. 1707 § 2, (2003)) 6 Annotated Text. Revisions to Condominium Conversion Regulations to address the El Camino North(ECN)and Trousdale West(TH9 Zoning Districts August 1,2007 Annotation: The name of the Planning Department was changed to Community Development; the text is changed to reflect this change. 26.32.070 Copy to buyers. A summary of all reports required by this code, in a form approved by the eity community development department, shall be provided to each person executing any purchase, rental or other agreement to purchase or occupy a unit in the project. Copies of the full reports shall be made available at all times at the sales office and shall be posted at various locations, as may be required by the city, at the project site. (Ord. 1206 § 2 (part), (1981); Ord. 1707 § 2, (2003)) Annotation: The reference to the `city' is vague; it has been replaced with identification of the specific department responsible for giving this direction for the city. This change is made to be consistent with the Planning Commissioner's concern at study, that the Community Development Department references be clear, given that the Community Development Department title has recently replaced the Planning Department. 26.32.080 Physical standards for condominium conversions. (a) Adequate Physical Conditions. To achieve the purpose of this chapter, the planning commission shall require, except as may otherwise be provided in this code, that all units to be converted to condominium conform to the Burlingame Municipal Code in effect at the time of tentative map approval, including all building and fire codes. All violations of the city code and all required modifications of units of the project must be corrected prior to the approval of the final map, or, upon approval of the planning commission, funds shall be adequately escrowed, prior to the closing of escrow of a unit, to assure completion thereafter of such corrective work. (b) Specific Physical Standards. In addition to any other requirements, the following specific standards and requirements shall be met: (1) Fire Prevention—Smoke Detectors and Sprinklers. Each condominium unit whether residential, commercial, industrial or office, shall be provided with a fire sprinkler system and approved detectors of products of combustion other than heat conforming to the latest California Building and Fire Code standards most recently adopted by the City of Burlingame and any local amendments thereto. 7 Annotated Text. Revisions to Condominium Conversion Regulations to address the El Camino North(ECN)and Trousdale West(TI9 Zoning Districts August],2007 Annotation: In this context the term `latest' CBC or CFC could be misunderstood. What is intended is that the conversion would be required to comply with the current, in effect at the time of project application, city adopted and amended building and fire code requirement for sprinkling. Since the city's amendments to the CFC for residential sprinkling are very specific and currently may be more restrictive than the CBC or CFC, it is important to let developers know this up front and not have it become a matter of dispute later. (2) Sound Transmission. (A) Shock Mounting of Mechanical Equipment. All permanent mechanical equipment, such as motors, compressors, pumps and compactors which are determined by the chief building official to be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the chief building official. (B) Noise Standards. The structure shall conform to all exterior and interior sound transmission standards of the California Building Code and the city's general plan. In those cases where present standards cannot reasonably be met, the planning commission may require the applicant to notify potential buyers of the noise deficiency currently existing within these units. (3) Utility Metering. (A) The consumption of gas and electricity within each unit shall be separately metered so that the unit owner can be separately billed for each utility. A water shut-off valve shall be provided for each unit or for each plumbing fixture. The planning commission may find at the time of approval that individual metering of gas and electricity is impractical and excessively expensive and waive those requirements. Each unit having individual meter(s) or heater(s) shall have access to its own meter(s) and heater(s) which shall not require entry through another unit. (B) Each unit shall have its own panel, or access thereto, for all electrical circuits which serve the unit. (4) Private Storage Space. Each unit shall have at least two hundred (200) cubic feet of enclosed, weather-proofed, and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the planning commission, but shall not be divided into two (2) or more locations. In cases where the developer can demonstrate that this standard cannot reasonably be met, this standard may be modified by the planning commission. (5) Laundry Facilities in Residential Projects. For residential projects, either a laundry area 8 Annotated Text: Revisions to Condominium Conversion Regulations to address the El Camino North(ECN)and Trousdale West(T{9 Zoning Districts August 1,2007 in each unit or common laundry areas shall be provided; provided such facilities shall consist of not less than one automatic washer and dryer for each common five (5) units or fraction thereof. In such cases where the developer can demonstrate that this standard cannot reasonably be met, this standard may be modified by the planning commission. (6) Landscape Maintenance. All landscaping shall be restored or replanted as necessary taking into consideration shade and sun patterns on the site and shall be irrigated and maintained to achieve a high degree of appearance and quality; front setback landscaping may be fifty (50) percent to provide for an on-site delivery area and, with a special permit, landscaping may be reduced to forty-five (45)percent of the front setback if a circular driveway is provided; if the front setback is altered to provide on-site parking for delivery vehicles or to provide a circular driveway, the front setback shall be re-landscaped with the emphasis on planting large scale and more vertical plant material which will frame and screen the view of the structure from the street and turf and ground cover areas in the front setback shall be minimized. (7) Condition of Equipment and Appliances. The developer shall provide written certification to the buyer of each unit at the close of escrow that any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, air conditioners and any other major appliances that are provided are in operable working condition as of the close of escrow. At such time as the homeowners association takes over management of the development, the developer shall provide written certification to the association that any pool and pool equipment (filter, pumps, chlorinator) and any appliances and mechanical equipment to be owned in common by the association is in operable working condition. (8) Refurbishing and Restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas and additional elements as required by the Planning community development department shall be refurbished and restored as necessary to achieve a high degree of appearance, quality and safety. (Ord. 1206 § 2 (part), (1981); Ord. 1707 § 2, (2003)) Annotation: The name of the Planning Department was changed to Community Development; the text is changed to reflect this change. 26.32.085 Minimum project requirements. Except as otherwise provided by law, in approving or conditionally approving any condominium project,the f flow ng shall be required! the same minimum requirements shall be met for parking, access, vehicular driveways,parking areas, setbacks, landscaping and open space, and project plans and submittals as setout in CS. 26.30.070. (a) Pafk4ag. 9 Annotated Text. Revisions to Condominium Conversion Regulations to address the El Camino North (ECN)and Trousdale West(TW)Zoning Districts August 1,2007 (1) For mttltiple family residential eendeminitims, there shall be off stf eet pafking as fequir-ed by Chaptef 25.70 of this eede and at least one par-king spaee shall be in the awfier-ship 0 eaeh fesidential unit. No an site par-king spaees shall be r-ented or-!eased to any an or- off site pefson. Compaet par-king spaees shall be allowed in r-esidef4ial eendeminium development in F liewing ratio: 1 1n 1 ro1 n 2n n - — Over-20 ? (7) O site gtiest par-par-king spaees shall 1 pr-ev ' ' for- 11 fesidential eendeminium an 1 eeepefative developments. Guest par-king spaees shall be held in 60IMHOR awfiefship, shall B be r-ented or-assigned to residents E)r-non residents, and shall not be sold or-tr-ansfeffed exeep withthe sale of allunits as a single -tity. Guest pafking spaees maybe des;---A - standards as defined in Chaptef 25,70. Guest pafking spaees shall b- a f!esidential- eondeminitim and eeepefative develepfnen4 in the following Nczr'toervf DwellingUnits't i?a eel Guest u�ot�•DL „b Spaees -- P to 4-cfi}it 1 G 15 units 15 or more 2 (3) All fesidential eondeminium ' 1 t shall provide an area F on site .1 1 . r (5) D 1 O 1 iiiY1iitr 'ut with tt AmericanDisabilities'1't' A t shall1, deed n � site as r-equir-ed by the Galifemia Building Standards Code as affiended by this eede. �/ � Areas. (1) All private stfeets, dfiveways, and par-king afeas shall be improved a-Rd eanstfueted wit-h. a stf:uetttfal seetion in aeeer-danee with eity standards. They shall be designed and maintained to 1 n t( a,�e - ll; `�`unit� the r � (2) Only tempefafy par-king fef sefviee vehieles shall be allowed in the dfiveway between eaffffnen open spaee at gr-ound level shall not inelude any vehietilar- dr-iveways or-par-king afeas. (e) Side Setbaek Requir-ements. Side sethaeks shall be five (5) feet fflifliffmfn or- gfeater- as ,a t .l 1. tl, „tom F multiple family development,1 t, 10 Annotated Text. Revisions to Condominium Conversion Regulations to address the El Camino North(ECN)and Trousdale West(TI)Zoning Districts August 1,2007 apphea.le i�ledl ' Titln__25. , " c�ixi Title 25. z:�: /.Il Conditions, Covenants and DestY ratio A meritn_Conditions, r,tn an estYintin.ris agreements shall n r,tn' but not be limited to n,le,l„nte r s f r mniritenµ 1 upkeep of all pfevisfens > improvements;and other-on site abolishment,that in the event ef destFuetien of powers, r-eeenstFuefiea shall be in weer-danee with eedes in effeet at the time of stieh r-eeenstraetion; and provisions for-dedieation of land of establishment of easements for-stfeet widenifig or-other-publie purpose. G-Avein.-ABAS, eenditions- duties, rights and ebligatiefis set feAh in Civil Code Seetion 1355; the proposed fbfm of evi%efs' > > maintemanee agfeementsand require and > > > enfer-ee that on site. ' ' - � es be evffied or-assigned to eendemini Ew held in registered and epefable fnater-whieles as defined by the Vehiele Cede, T / Q i an seaping an Open rin.,e Standards-. — ' (1) Rent nethaek lands g for-residential eende IUtTPe development. Landseapi - i . . A between the ftent pr-epei:ty line and-fi-lee. eft-he, building equal to and net less than fifty (50)per-eent of the lot area within the required ffent sethaek. E4nphasis should be plaeed on i i i i -tuff and gr-ound eever-areas and en planting larger-seale and mer-e veffieal In .ln N,rin. tn. F Yt,. five (4 5) neYl,e -fA of the lot nYen li the he Mei„11Y ea Fent setha ) t--- _(2) Site landseaping shall be suitable for-the l.rioeifie_sµ++lsha a ell..l.,...l e t E)f the]et �/21 Private open rinda residential nendemiriilm or ri TOt1ye TV Ve1e 11Lrit. DY1YUte unit.open spaee shall be pr-evided fbr-eaeb unit and shall be eentigueus and dir-eefly weessible to e DY,.. open n..nne may rin.. .l me be eor-lan s.,nried and shall be ee el eeY f ri .l eF the privaey of the r-esidefifial tmit when leeated within feur- (4) feet of established gr-ade. Deeks and- baleenies when designated for-eutdoer-use may be used te satisfy this requirement. The fellewing minimufa standards for-pr-iva4e open spaee shall appl)-. (A) Seventy five (75) s"ar-e feet for-eaeb gi-7etmd fleef unit with ne diffieflsiOH ef th-e designated .. e., lens than ten/10 f et. (B) eeye.,ty five (7e) square feet for-eaeh llriit above the ground fleer-with ne dimension .f n designated ., n lens than three and one half(3 1/_2 1_feet_ (n) r„mmeri open spaee for-Yeni.leritinl e„ri,l„mirii„m and eeepeYatiye .leyel„rimerit in addition to private open spaee, open spaee aeeessible to er-enjeyed by all pr-ejeet residents shall. be provided at not less than ene hundred (100) s"ar-e feet pef dwelling tmit, with He dimension of any designated eenunea epen spaee area to be less than fifteen(15) feet. Sueh eefiffnen areas 11 Annotated Text. Revisions to Condominium Conversion Regulations to address the El Camino North(ECN)and Trousdale West(TW)Zoning Districts August 1,2007 may be designed for. itive use, and inelude landseaping or-paving, pfevided sue paving does not exeeed fifty (50)per-eent of the total r-equir-ed afea. All sueh areas shall be at E) within six (6) feet of established gr-ade; roof top areas shall not qualify as eE) oil epef, spaee. > > separation betwee living units and along propei4y fin > > uses; orientation with r-espe suffetmding buildings and land > uses; building setwiees and- separate f4eilities for-indivi"al units and aeeess easements to make r-epaifs ineludingi (1) Separate gas and eleetr-ie meter-s and sepafate water-shuteff valves; individual residential unit elimate eantrels and any pr-eposed elifnate zenes (based on#,nes of unit uses) for-non (4) Setmd levels shall satisfy adepted neise element er-iter-ia and all State stand eendition; r-epeA on Wilding eenVlianee with all building, fire and zening eedes fer-pr-epes > , (2003)) Annotation: Since this section is the same as the `minimum development requirements' section in the Condominium Subdivision code section (26.30.070) it is simpler to incorporate it by reference and reduce the possibility of making a drafting error. In addition CS 26.30.070 has been revised to address the impacts on the condominium subdivision regulations caused by the TW and ECN districts. By referencing 26.30.070 this section will incorporate those changes into the condominium conversion standards. It should be noted that in the TW and ECN districts there are differences in location of private open space (not required until above the third floor) and common open space (can be provided in a roof garden). These differences and other differences in the regulations would be allowed in a conversion to condominium in those zoning districts. 12 Annotated Text: Revisions to Condominium Conversion Regulations to address the El Camino North(ECN)and Trousdale West(TT9 Zoning Districts August 1,2007 26.32.090 Hearing. At the time of the hearing on the tentative map, the planning commission shall also hold a hearing on the conversion permit. Notice of the hearing shall be given to all tenants of the proposed conversion and posted on the property. (Ord. 1206 § 2 (part), (1981); Ord. 1707 § 2, (2003)) 26.32.100 Hearing considerations. At the hearing on the application for conversion to condominiums,the planning commission shall consider the following: (a) The opinions of the tenants of the project as to whether the proposed conversion protects their interests; (b) Whether or not the amount and impact of the displacement of tenants, if the conversion is approved, would be detrimental to the health, safety or general welfare of the community; (c) The role that the commercial, industrial, office or apartment structure plays in the existing rental market for that use and whether this role is substantially altered by the proposed conversion in the light of the tenant protection provisions in this code. Particular emphasis should be placed on the evaluation of rental structures to determine if the existing building is serving low and moderate income tenants, or special groups of tenants such as elderly or handicapped; (d) If applicable,whether or not lower cost home ownership opportunities will be increased by the conversion of apartments to condominiums, stock cooperatives or community apartments; and (e) Whether tenants will have substantial difficulty in obtaining comparably priced facilities. (Ord. 1206 § 2 (part), (1981); Ord. 1707 § 2, (2003)) 26.32.110 Findings. The planning commission shall not issue a permit for condominium conversion unless the planning commission finds that: (a) All provisions of this chapter are met; (b) The proposed conversion is consistent with the city's general plan; 13 Annotated Text. Revisions to Condominium Conversion Regulations to address the El Camino North (ECN)and Trousdale West(TW)Zoning Districts August],2007 (,-,) The proposed conversion will conform to this code and other applicable code provisions, if ar._y, in effect at the time of tentative map approval, except as otherwise provided in this chapter or specifically excepted by the planning commission; and (d) The overall design and physical condition of the condominium conversion achieves a higL.degree of appearance, quality, and safety. (Ord. 1206 § 2 (part), (1981); Ord. 1707 § 2, (2003)) U:\ZoningIssues\Condominium Regulations\5 Ch26.32 condo conversionAnno4PCSR 8.1.07.doc 14 Public Notice Print Page 3 of 3 CITY OF BURLINGAME 501 PRIMROSE ROAD BUR CITY OF BURLINGAME 501 Primrose Road Burlingame, CA 94010-3997 (650) 558-7250 NOTICE OF PUBLIC HEARING The CITY OF BURLINGAME CITY COUNCIL will hold a public hearing to consider adoption of two Ordinances to amend the Condominium Regulations of the Municipal Code: a. Amend Chapter 26.30 of the Municipal Code (Condominium Subdivision Regulations) to add provisions to address the Trousdale West (TW) and EI Camino Real North (ECN) zoning district regulations. b. Amend Chapter 26.32 of the Municipal Code (Condominium Conversion Regulations) to add provisions to address the Trousdale West (TW) and EI Camino North (ECN) zoning district regulations. The hearing will be held on Monday, October 15, 2007, at 7:00 p.m. in the Burlin-game City Hall Council Chambers at 501 Primrose Road, Burlingame, California. The staff report for this item may be reviewed prior to the meeting at the Community Development Department at 501 Primrose Road, Burlingame, California. For additional information, please call (650) 558- 7250. Appeared in: San Mateo County Times on Friday, 10/05/2007 http://www.mypublicnotices.com/PublicNotice/Popups/PrintNotice.asp?PrintNoticeList=68 83 66,... 10/5/2007 I ORDINANCE NO. 2 ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTERS 26.30 AND 26.32 TO MAKE CHAPTERS CONSISTENT WITH 3 PROVISIONS OF EL CAMINO NORTH (ECN) AND TROUSDALE WEST (TW) ZONING DISTRICTS AND OTHER CLARIFYING CHANGES 4 5 The City Council of the City of Burlingame does ordain as follows: 6 7 Section 1. The City has adopted two new zoning districts in the El Camino North (ECN) 8 and Trousdale West(TW) areas of the City, which contain new regulations regarding frontages, 9 setback, mixed uses, parking requirements, and streetscapes. This ordinance is adopted in order 10 to ensure that the regulations governing condominium development in those districts is 11 consistent with the new regulations. This ordinance also makes clarifying changes to Chapters 12 26.30 and 26.32. 13 14 Section 2. Subsection 26.30.040(f) is amended to read as follows: 15 (f) "Open space" means that area of a lot which is: 16 (1) Open and unobstructed from the ground to the sky; or 17 (2) Open and unobstructed from the ground to roof eaves or balconies above the ground 18 floor; or 19 (3) Area covered by swimming pools and swimming pool equipment enclosures, or 20 other recreation-oriented construction and equipment or decks, including such areas as 21 designated and equipped exercise facilities, meeting rooms, or other improved areas approved by 22 the planning commission. 23 24 Section 3. Section 26.30.060 is amended to read as follows: 25 26.30.060 Basic standards. 26 The following condominium standards shall apply to all land and structures proposed as a 27 part of a condominium project and shall be evaluated and processed pursuant to the procedural 28 requirements set forth for conditional use permits in Title 25 of this code. No condominium 1 I project or portion thereof shall be approved or conditionally approved in whole or in part unless 2 the planning commission, or city council upon appeal or review, has reviewed and found the 3 project conforms to the following on the basis of its effect on: sound community planning; the 4 economic, ecological, social and aesthetic qualities of the community; and on public health, 5 safety and general welfare: 6 (a) The overall impact on schools, parks, utilities, neighborhoods, streets, traffic, 7 parking and other community facilities and resources; 8 (b) Conformity with the general plan, including the housing element, and zoning 9 density and design regulations; 10 (c) A detailed development and site plan of the project including: the location, treatment 11 and sizes of structures; separation between living units and along property lines; parking layout, 12 access areas and exterior elevations; location and use of common areas and other designated 13 open space and security provisions; and location of loading zone and trash enclosure, including 14 recycling area, and mechanical equipment; 15 (d) A detailed landscaping plan indicating sun and shade patterns on the site, the types 16 and sizes of landscaping materials retained and to be installed, and their suitability to the sun and 17 shade conditions on the site; 18 (e) A detailed lighting plan indicating location and nature of lighting and lighting 19 fixtures on all structures and in the common areas; 20 (f) A copy of conditions, covenants and restrictions and any condominium agreements 21 for the project setting forth the occupancy and management policies for the project; 22 (g) For each condominium unit, floor plans indicating the total floor area, the number, 23 type and size of rooms, the type of separation walls; provisions for achieving sound control and 24 privacy; provisions for insulating exterior walls and roof from heat and cold; and location of hot 25 water heaters, furnaces and storage areas within each unit and in the common areas; and 26 (h) Provisions for the dedication of land or easements for street widening, public access 27 or other public purposes, where necessary, and in accordance with established planned 28 improvements. 2 I Section 4. Section 26.30.070 is amended to read as follows: 2 26.30.070 Minimum requirements. 3 Except as otherwise provided by law, in approving or conditionally approving any 4 condominium project, the following shall be required: 5 (a) Parking. 6 (1) For multiple family residential condominiums, there shall be off-street parking as 7 required by Chapter 25.70 of this code and at least one parking space shall be in the ownership of 8 each residential unit. No on-site parking spaces shall be rented or leased to any on- or off-site 9 person. Compact parking spaces shall be allowed in residential condominium development in the 10 following ratio, but only if no unistall parking for required parking spaces is used: 11 Required Parking Spaces Allowable Compact Spaces 12 1-10 1 13 10-20 2 14 Over 20 3 15 (2) On-site guest parking spaces shall be provided for all residential condominium and 16 cooperative developments. Guest parking spaces shall be held in common ownership, shall not 17 be rented or assigned to residents or non-residents, and shall not be sold or transferred except 18 with the sale of all units as a single entity. Guest parking spaces may be designed to compact 19 standards as defined in Chapter 25.70. Guest parking spaces shall be provided in residential 20 condominium and cooperative development in the following ratio: 21 Number of Dwelling Units Required Guest Parking Spaces 22 2 to 4 units 1 23 5-15 units 2 24 15 or more 3 25 (3) Except for residential condominium developments in the El Camino North (ECN 26 district with a lot front on El Camino Real and with no frontage on any other street, all residential 27 condominium developments shall provide an area for on-site deliveries. 28 (4) For commercial condominiums and commercial uses in mixed use residential 3 I condominiums, there shall be off street parking as required by this code, which may include 2 compact parking as allowed in Chapter 25.70. However, if any unistall parking is used for any 3 required parking, no compact parking is allowed 4 (5) Parking requirements compliant with the American Disabilities Act shall be 5 provided on site as required by the California Building Code as adopted by this code. 6 (b) Access, Vehicular Driveways, and Parking Areas. 7 (1) All private streets, driveways, and parking areas shall be improved and constructed 8 with a structural section in accordance with city standards. They shall be designed and 9 maintained to insure access for municipal services to any dwelling unit therein. 10 (2) Only temporary parking for service vehicles shall be allowed in the driveway 11 between the front property line and the face of the building. Calculation of private open space 12 and common open space at ground level shall not include any vehicular driveways or parking 13 areas. 14 (c) Setback Requirements. Front, side, and rear setbacks shall be as required by the 15 zoning district regulations applicable to the real property being developed. 16 (d) Conditions, Covenants and Restrictions Agreements. Conditions, covenants and 17 restrictions agreements shall contain, but not be limited to, adequate provisions for maintenance, 18 repair and upkeep of all structures, site landscaping and other on-site improvements; provisions 19 that in the event of destruction or abolishment, reconstruction shall be in accordance with codes 20 in effect at the time of such reconstruction; and provisions for dedication of land or establishment 21 of easements for street widening or other public purpose. Covenants, conditions and restrictions 22 shall describe: powers, duties, rights and obligations set forth in Civil Code Section 1355; the 23 proposed form of owners' association; and suggested by-laws, maintenance agreements, use 24 restrictions, and special funds to cover emergency repairs; and require and enforce that on-site 25 parking spaces be owned or assigned to condominium owners or held in common ownership by 26 the condominium association shall be used only by bicycles or currently registered and operable 27 motor vehicles as defined by the Vehicle Code. 28 (e) Landscaping and Open Space Standards. 4 1 (1) Front setback landscaping for residential condominium or cooperative development. 2 Landscaping is required between the front property line and face of the building equal to and not 3 less than fifty (50) percent of the lot area within the required front setback. Emphasis should be 4 placed on minimizing turf and ground cover areas and on planting larger scale and more vertical 5 plant material which will frame and screen the view of the structure from the street. If a circular 6 drive is provided a special permit may be requested to reduce the required front setback 7 landscaping to forty-five (45) percent of the lot area within the required front setback. 8 (2) Site landscaping shall be suitable for the specific sunshade environment of the lot. 9 (3) Private open space for residential condominium or cooperative development. Private 10 open space shall be provided for each unit and shall be contiguous and directly accessible to each 11 unit, except in the ECN district where private open space shall not be required for dwelling units 12 on the ground floor. Private open space may be paved or landscaped and shall be screened or 13 fenced for the privacy of the residential unit when located within four (4) feet of established 14 grade. Decks and balconies when designated for outdoor use may be used to satisfy this 15 requirement. The following minimum standards for private open space shall apply: 16 (A) Seventy-five (75) square feet for each ground floor unit with no dimension of the 17 designated area less than ten (10) feet; 18 (B) Seventy-five (75) square feet for each unit above the ground floor with no dimension 19 of a designated area less than three and one-half(3-1/2) feet. 20 (4) Common open space for residential condominium and cooperative development. In 21 addition to private open space, open space accessible to or enjoyed by all project residents shall 22 be provided at not less than one hundred (100) square feet per dwelling unit, with no dimension 23 of any designated common open space area to be less than fifteen (15) feet. Such common areas 24 may be designed for passive or active use, and include landscaping or paving, provided such 25 paving does not exceed fifty (50) percent of the total required area. Common open space areas 26 may be provided within the required rear setback area, or when the rear setback is inadequate, the 27 open space may be provided on appropriately designed, rooftop areas. 28 (5) Common open space for commercial and industrial condominium developments. 5 I Common open space may be provided above the first floor, but is not required. 2 (f) Project Plans and Submittals. Project plans shall indicate accessibility for owners, 3 guests, employees and customers to parking, storage, recreation and service areas; separation 4 between living units and along property lines; provisions for security; orientation with respect to 5 surrounding buildings and land uses; the location and type of utilities, building services and 6 separate facilities for individual units and access easements to make repairs including: 7 (1) Separate gas and electric meters and separate water shutoff valves; individual 8 residential unit climate controls and any proposed climate zones (based on types of unit uses) for 9 non-residential condominium projects; 10 (2) Shock mounting of mechanical equipment to reduce sound transfer; 11 (3) Flexible connectors for electrical and plumbing connections; 12 (4) Sound levels shall satisfy adopted noise element criteria and all state standards; 13 (5) Other reports may be required by the city as a condition for approving a 14 condominium permit including an economic report, social impact of relocation procedures; 15 report of structural condition; report on building compliance with all building, fire and zoning 16 codes for proposed uses; certificate of occupancy; and sufficient additional information prepared 17 by licensed professionals to evaluate the soundness of the conversion proposed project. 18 19 Section 5. A new Section 26.30.080 is added to read as follows: 20 26.30.080 Time limits. 21 A condominium permit granted or issued pursuant to this title shall become null and void 22 when the tentative map for the condominium project expires because no final map has been filed 23 in accordance with State law and this code, rather than the expiration time limit for planning 24 approvals specified in chapter 25.16. 25 26 Section 6. Section 26.32.040 is amended to read as follows: 27 26.32.040 Physical elements report. 28 A report on the physical elements of all structures and facilities shall also be submitted 6 I with the application. The report shall include, but not be limited to, the following: 2 (a) A report detailing the structural condition of all elements including structures, paving 3 and fences of the property including, but not limited to, foundations, electrical, plumbing, 4 utilities, walls, ceilings, windows, recreational facilities, fire protection sprinklers, alarms, 5 mechanical equipment, roof, parking facilities and appliances, including all appliances installed 6 in each unit. Such report shall be prepared by a registered civil or structural engineer. 7 Regarding each such element, the report shall state, to the best knowledge or estimate of 8 the professional preparing the report, when such element was built, the condition of each 9 element, when the element was replaced, the approximate date upon which the element will 10 require replacement, the remaining useful life of the element, the cost of replacing the element, 11 and any variation to the physical condition of the element from the current zoning and from the 12 California Building Code as adopted by this code and in effect on the date of the report. The 13 report shall identify any defective or unsafe elements and set forth the proposed corrective 14 measures to be employed, including making all structures compliant with the California Building 15 and Fire Codes as adopted by this code and in effect at the time the report is submitted to the city; 16 (b) A report containing acoustical test data which indicates the noise attenuation 17 characteristics of existing party walls and ceilings. The data for such report shall include a 18 representative sampling of units involved in the project, but in no case fewer than two (2) 19 dwelling units, and shall be compiled by a qualified licensed acoustical engineer experienced in 20 the field of acoustical testing and engineering. The consultant shall be selected by the community 21 development department and shall perform the sampling in areas or units as approved or directed 22 by the community development department. 23 (c) A report prepared by a licensed civil engineer evaluating the prospects for providing 24 separate utilities for the individual units; 25 (d) A study of off-street parking, on-site maneuvering and parking stall access provided 26 on site prepared by a licensed civil engineer; 27 (e) A report from a licensed structural pest control operator, approved by the community 28 development department, on each structure and each unit within the structure. 7 I (f) A report prepared by a licensed soils engineer on any known soil and geological 2 conditions regarding soil deposits, rock formations, faults, groundwater and landslides in the 3 vicinity of the project, and a statement regarding any known evidence of soils problems relating 4 to the structures. Reference shall be made to any previous soils reports for the site and a copy 5 submitted with the report. 6 (g) A statement of repairs and improvements to be made by the subdivider necessary to 7 refurbish and restore the project to achieve a high degree of appearance and to achieve full 8 compliance with the current, applicable requirements of the California Building and Fire Codes 9 and requirements of the zoning code. 10 (h) Provisions for the dedication of land or easements for street widening, public access 11 or other public purpose, where necessary, and in accordance with established planned 12 improvements. 13 14 Section 7. Section 26.32.070 is amended to read as follows: 15 26.32.070 Copy to buyers. 16 A summary of all reports required by this code, in a form approved by the community 17 development department, shall be provided to each person executing any purchase, rental or 18 other agreement to purchase or occupy a unit in the project. Copies of the full reports shall be 19 made available at all times at the sales office and shall be posted at various locations, as may be 20 required by the city, at the project site. 21 22 Section 8. Subsection 26.32.080(b)(1) is amended to read as follows: 23 Section 26.32.080(b)(1) 24 (1) Fire Prevention Smoke Detectors and Sprinklers. Each condominium unit 25 whether residential, commercial, industrial or office, shall be provided with a fire sprinkler 26 system and approved detectors of products of combustion other than heat conforming to the Pates-t 27 California Building and Fire Code standards as adopted by this code. 28 8 I Section 9. Section 26.32.085 is amended to read as follows: 2 26.32.085 Minimum project requirements. 3 Except as otherwise provided by law, in approving or conditionally approving any 4 condominium project, the same minimum requirements shall be met for parking, access, 5 vehicular driveways, parking areas, setbacks, landscaping and open space, and project plans and 6 submittals as required by section 26.30.070 above. 7 8 Section 10. This ordinance shall be published in accordance with law. 9 10 Mayor 11 12 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the 13 foregoing ordinance was introduced at a meeting of the City Council held on the Is' day of 14 October, 2007, and adopted thereafter at a regular meeting of the City Council held on the 15 day of , 2007, by the following vote: 16 AYES: COUNCILMEMBERS: 17 NOES: COUNCILMEMBERS: 18 ABSENT: COUNCILMEMBERS: 19 20 City Clerk 21 22 23 24 25 26 27 28 9 AGENDA ITEM NO: 6d BURLINGAME STAFF REPORT MEETING DATE: October 15, 2007 � r � TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: DATE: October 5, 2007 APPROVED BY: / FROM: William Meeker, Community Development Director— (650) 558-17255 SUBJECT: PUBLIC HEARING AND ACTION ON AN ORDINANCE FOR AMENDMENTS TO THE TROUSDALE WEST (TW) AND EL CAMINO NORTH (ECN) ZONING DISTRICTS TO MAKE THEM CONSISTENT IN TERMS OF PARKING, HEIGHT AND MIXED USE. RECOMMENDATION: City Council should hold a public hearing and take action on the proposed ordinance to amend the zoning regulations for the Trousdale West (TW) and EI Camino Real North (ECN) zoning districts for consistency between these two zones located at the north end of Burlingame. Affirmative action should be to adopt the proposed ordinance. In its action, the Council should: 1. Adopt the proposed ordinance; and 2. Direct the City Clerk to publish a summary of the ordinance within 15 days of adoption. The public hearing for action was noticed in a newspaper of general circulation (San Mateo County Times) on October 5, 2007. CITY COUNCIL INTRODUCTION: On October 1, 2007, the City Council introduced the proposed ordinance to amend the zoning regulations for the Trousdale West (TW) and EI Camino North (ECN) zoning districts. The Council, by a 5-0 vote, introduced the ordinance, directed the City Clerk to publish a summary of the ordinance and set the date for the second reading of the ordinance on October 15, 2007. GENERAL PLAN COMPLIANCE: The Trousdale West (TW) and EI Camino North (ECN) zoning districts were adopted in 2005 and 2007 respectively. The two zones were written to implement the North Burlingame/Rollins Road Specific Plan adopted by the City Council and amended to the Burlingame General Plan in September 2004. The provisions of the ECN and TW zoning districts are also consistent with the proposed amendments to the EI Camino Real Gateway Corridor Subarea proposed in the November 15, 2006, revisions to the North Burlingame/Rollins Road Specific Plan. The provisions in the proposed ordinance are consistent with the plan because they are taken from the land use element and design guidelines in that adopted plan. The North Burlingame/Rollins Road Specific Plan was adopted as a refinement to the 1969 General Plan which was instrumental in establishing the existing land use pattern for this area. The EI Camino North district consists of all the area between EI Camino Real on the west, Murchison Drive (the northern City boundary) on the north, the CalTrain tracks on the east, and the rear of the properties with frontage on Dufferin Avenue on the south. The Trousdale West (TW) zone encompasses the land on the west side of EI Camino between Murchison and Trousdale, and bounded on the west side by to Marco Polo extended to Ogden Roads. PUBLIC HEARING AND ACTION ON AN ORDINANCE FOR AMENDMENTS TO THE TROUSDALE WEST(TM AND EL CAMINO NORTH(ECN) ZONING DISTRICTS TO MAKE THEM CONSISTENT IN TERMS OF PARKING,HEIGHT AND MIXED USE. October 15,2007 CEQA COMPLIANCE: Article 19. Categorically Exempt per Section: 15305— Minor Alterations in Land Use Limitations, Class 5 consists of minor alterations inland use limitations in areas with an average slope of less than 20%,which do not result in any changes in land use or density. PLANNING COMMISSION ACTION: The Planning Commission reviewed the proposed changes for consistency between the ECN and TW zones at their study session on July 23, 2007. At that meeting they did not suggest any amendments to the proposed changes.At the Commission meeting on August 13, 2007,the Commission held a public hearing on the proposed changes which address parking, height and mixed use provisions. There were no comments from the public.The Commission voted 6-0-1 (C.Brownrigg absent)to recommend to Council for action, the changes to achieve consistency in the parking, height and mixed use requirements in the two zones. BACKGROUND: To implement the North Burlingame/Rollins Road Specific Plan, the City adopted two new zoning districts, Trousdale West (TW) and EI Camino North (ECN). These two district encompass most of the area immediately around Peninsula Hospital east to California Drive;and from Dufferin Avenue on the south to the City Line(Murchison Drive)on the north. The development policies for these two zoning districts within the EI Camino Corridor are very similar. However,the zoning regulations were developed sequentially first TW(in 2005)then ECN (in 2007)over an 18 month period. The concepts of how to implement the plan matured during the process of developing the two districts. When the Planning Commission and Council reviewed the ECN district,they noted specific concepts in the ECN zone which should be incorporated into the TW zone. At the same time staff was directed to update the condominium requirements so that the new approaches to development regulation used for residential and commercial development in the TW and ECN zones would be consistent. In addition,while working on the update of the condominium regulations staff noted some clarifying changes which also needed to be added to these two districts,as well as needing to add a definition for unistall parking spaces to the zoning regulations. All of the changes proposed are documented in the annotations to the amendments and corrections of the Trousdale West(TW)and EI Camino North(ECN)district regulations attached. A summary of the proposed changes follows: Trousdale West(TW)Zoning District • Height: maximum height of residential structures is limited to 60 feet,with an incentive of 75 feet if affordable units are provided for 30 years. • Mixed Use: an incentive is provided for mixed use by allowing a height of 75 feet on Trousdale. Mixed uses on Magnolia(facing the Plaza Shopping Center)are limited to 60 feet. • Mechanical penthouses which cover 5%or less of the roof area and have a maximum height of 10 feet are exempt from height measurements. • On corner lots the maximum height for the entire structure is the maximum height allowed at the front of the lot. • Same special parking requirements as ECN: Unistall parking (all spaces 8.5' x 18' except ADA) is allowed with an additional foot for a confined space, required back-up aisles are defined,and mixed use buildings with office over 20,000 SF may use a 1:300SF parking ratio for medical office. -2- PUBLIC HEARING AND ACTION ON AN ORDINANCE FOR AMENDMENTS TO THE TROUSDALE WEST(TW)AND EL CAMINO NORTH(ECN) ZONING DISTRICTS TO MAKE THEM CONSISTENT IN TERMS OF PARKING, HEIGHT AND MIXED USE. October 15, 2007 EI Camino North (ECN)Zoning District • On corner lots the maximum height for the entire structure is the maximum height allowed at the front of the lot. • Editorial correction to underground garages section, remove reference to limitations because there are none. • Amend unistall dimension requirements to include an additional foot in width when unistall spaces are confined. CS 25.08 Definitions • Add a definition to the Zoning Code for unistall parking (a parking stall which is 8.5 feet by 18 feet with a standard back up/circulation aisle. STAFF COMMENTS: All of these proposed changes were reviewed, and directed to be amended to the Trousdale West (TW) zone by the Planning Commission and Council at the time the EI Camino North (ECN) zoning district was adopted. The only exceptions were the editorial correction to the ECN zone and the addition of 'unistall' to the definitions section of the zoning code. During the Planning Commission review of the proposed ordinance, the language in the ordinance and in the annotated text has been revised to include the edits made by the City Attorney. These changes were noted at the Planning Commission study meeting and are not substantive, but clarify the language or make the proposed language more consistent with the existing language in Municipal Code Chapter 25, zoning. ATTACHMENTS: • Annotated Text: Proposed Amendments and corrections to the Text of the Trousdale West (TW) and EI Camino North (ECN) Zoning District Regulations with Amendment to the Definitions of Section of the Zoning Code, August 1, 2007. • Newspaper Notice of City Council Public Hearing published on October 5, 2007 • Ordinance of the City of Burlingame Amending Chapters 25.08, 25.40, and 25.41 to Correct Height Limitation Standards to Make Consistent with North Burlingame/Rollins Road Specific Plan and Revise Parking Standards to Include Unistall Provisions and Definition S:IREPORTSICode AmendmentsOmend TW&ECN ZoninglAdopt Amend TW& ECN.10.15.07.doc -3- August 1. 2007 Annotated Text Proposed Amendments and Corrections to the Text of the Trousdale West (TW) and El Camino North (ECN) Zoning District Regulations and Addition to Ch. 25.08 Definitions Trousdale West (TW) District: Proposed Changes Current CS 25.40.060 2 c n n 060 !eight _ "S (a) o L is 111111"1== Require HLeights-. Ty-ousdale Drive, jqufehisen Drive a-ad Magnolia Drive. Affy stpaeturme Drive, or- magnoiia Drive shall be at least tbfee (3) st wies or- dii�x fi xe (3 5 ) feet (b) �Nja*kffiim allowed height 77r-eusdale Drive. No Stfue sever -1-c (75) fe t height 11 }-s ' Drive, and Magnelia . ' ' and (e) ef this seetien-. Annotated Text: Proposed Amendments and Corrections to the Text of the Trousdale West(TT9 and El Camino North(ECN)Zoning District Regulations August I,2007 Replace with Proposed revision to CS 25.40.060 (in italics) 25.40.060 Height and Lot Coverage. (a) Minimum required heights. (1) Trousdale Drive, Murchison Drive, or Magnolia Drive. Any structure containing a dwelling or commercial use with a lot front on Trousdale Drive, Murchison Drive or Magnolia Drive shall be at least three (3) stories or thirty-five (35) feet in height, whichever is greater; (2) Ogden Drive and Marco Polo Way. Any structure containing a dwelling or commercial use with a lot front on Ogden Drive or Marco Polo Way shall be at least two (2) stories or twenty-four (24) feet in height, whichever is greater. (b) Maximum allowed height. (1) Residential structures with a lotfront on Trousdale Drive. Residential structures without any commercial uses shall have a maximum height of sixty-two (62) feet. Residential structures that meet the city's inclusionary housing requirements shall have a maximum height of seventy-five (75)feet, if the inclusionary units are provided for a minimum of thirty (30)years; Annotation: In the ECN district the Commission proposed to use additional height as an incentive in multi-family development to retain the required affordable units for a longer period of time. When the ECN district was adopted it was suggested by City Council that this incentive be included in the TW zoning requirements as well. (2)Mixed commercial and residential structures. a. Mixed commercial and residential structures with a lot front on Trousdale Drive shall have a maximum height of seventy-five (75)feet. b. Mixed commercial and residential structures with a lot front on Magnolia Drive shall have a maximum height of sixty (60)feet. Annotation: Mixed use zoning (multiple family and office uses) is encouraged in the TW zoning district, except on Marco Polo, where office uses are not allowed. To encourage the mix of office and residential uses in a single building the Planning Commission suggested using a height incentive e.g. 62 feet to 75 feet. During adoption of the ECN zone it was suggested that this same height incentive be incorporated into the TW district regulations. Not only would it provide incentive to mixed use but it would make the requirements of these 2 Annotated Text: Proposed Amendments and Corrections to the Text of the Trousdale West(TT)and El Camino North(ECA)Zoning District Regulations August 1,2007 two adjacent zoning districts more consistent and easier to administer. (3) Marco Polo Way, Ogden Drive,Murchison Drive, and Magnolia Drive. No structure with a lot front on Marco Polo Way, Ogden Drive,Murchison Drive, or Magnolia Drive shall exceed sixty(60) feet in height. (4) The maximum height on any parcel maybe exceeded by a mechanical penthouse with a maximum height of ten (10)feet as measured from the adjacent roof surface and covering no more than five (5)percent of the roof area. Annotation: This provision was added to the ECN regulations after a discussion of how height is measured. It was determined that the standard should be added to the zoning regulations. For consistency and clarity it has been added to the TW regulations as well. (5) On corner lots, the maximum height allowed for the lot front shall be the maximum height allowed for the entire structure. Annotation: The North Burlingame/Rollins Road Specific Plan provides specific direction on how the height of a building should be determined on corner lots (page 53). Since the zoning was not explicit and the plan includes emphasis on a consistent `street wall', a section was added to the zoning to reflect the direction for determining height on corner lots in the plan e.g. that the overall height of the building should be determined by the allowed height at the lot front (the shorter street frontage). (c) Notwithstanding any provision of this chapter, maximum heights are also subject to further limitation by the Federal Aviation Administration. (d) Notwithstanding any other provision of this title, no variance shall be granted or approved to exceed the maximum heights established in subsections (b) and (c) above. (e) Maximum Lot Coverage. The maximum lot coverage is fifty (50) percent, except as expressly provided in section 25.40.025. Annotation: There is no change from the current to the language in sections (c), (d) and (e) 3 Annotated Text: Proposed Amendments and Corrections to the Text of the Trousdale West(Tug and El Camino North(ECN)Zoning District Regulations August],2007 Add Code Section 25.40.100 Special Parking Requirements Annotation: As the ECN district developed, the Commission continued to look for incentives to encourage the kind of mixed use and high density residential development which would implement the development objectives of the Specific Plan. Parking has long been a driving factor in residential density in Burlingame, so the idea of reducing the parking requirement was not attractive. However, modifying the parking stall size did provide an opportunity to increase the parking efficiency while retaining the overall parking requirements. In acting on the ECN district the Planning Commission recommended to City Council, and Council agreed, that the uninstall parking incentive used in the ECN district be included in the TW district. The regulations follow with adjustment for the specific uses allowed in TW and to include the requirement that when the unistall is confined along the long side or sides it will be required to be one foot wider e.g. 9 '/z feet. For example no mixed use with retail uses is allowed in TW so no parking provision is made for that use. 25.40.100 Special Parking Requirements. (a) Underground garages in setback areas. Garages may be constructed entirely below ground level and such underground garages may project into any required yard or building setback area; (b) Unistalls. All parking stalls may be unistall parking spaces, however all disabled accessible parking spaces shall meet the dimensions required in the California Building Code in effect at the time a project is submitted for city review. No compact parking stalls shall be allowed if any unistall parking space is used for any required parking. (c) Aisle Dimensions. All aisles within a parking area shall be as follows: Parking Space Angle Required Back up Aisle 90 degree 24 feet 60 degree 18 feet 40 degree 13 feet (d) Except as otherwise provided in this section, all uses shall provide parking spaces in accordance with the applicable provision of Chapter 25.70 of this code. (e) In office or mixed use structures that include office uses where the gross square footage of the structure is greater than twenty thousand(20,000) square feet, health service and office uses shall provide on-site parking at a ratio of one (1)parking space for each three hundred (300) square feet of 4 Annotated Text: Proposed Amendments and Corrections to the Text of the Trousdale West(T99 and El Camino North(ECN)Zoning District Regulations August 1,2007 office or health service use; parking for all other uses on site shall be provided on site as required in Chapter 25.70. El Camino North (ECN) Zoning District Regulations Proposed Changes Amend CS 25.41.060 Height and lot coverage limitations CS 25.41.060 Height and lot coverage limitations Add section to subsection (b) Maximum allowed heights (5) (4) On corner lots, the maximum height allowed for the lot front shall be the maximum height allowed for the entire structure . Annotation: This direction regarding how to address height on corner lots exists in the Specific Plan but was not included in the zoning. Addition of this provision will also make the TW and ECN districts consistent in this regard. CS25.41.090 Special parking requirements. Correct 25.41.090 (a) as follows: (a) Underground garages in setback areas. Garages may be constructed entirely below ground level and such underground garages may project into any required yard or building setback area, subjeet to the fellowing lifllita4iBRS!• Annotation: This change addresses an editing problem created during the preparation of the ECN district regulations. The intention of the provision was to allow garages to be built to property lines in the ECN zone. Currently, along the narrower portion of El Camino, underground garages cannot be built within 20 feet of a site's property line on El Camino Real. Amend Definitions Section Ch. 25.08 Add Definition CS 25.08.521 "Parking space,Unistall" "Unistall parking space"means a parking layout in which all the parking spaces shall have the same eight and one-half(8 1/2) feet by eighteen(18) feet dimension unless the unistall space is confined by a structure, wall or fence along one or both lateral sides, then the minimum width shall be nine (9 1/2) feet. Annotation: Since unistall parking spaces are a new concept in the current zoning code, staff suggested that a definition be added to facilitate the use of the zoning regulations. 5 Public Notice Print Page 2 of 3 CITY OF BURLINGAME 501 PRIMROSE ROAD BUR CITY OF BURLINGAME 501 Primrose Road Burlingame, CA 94010-3997 (650) 558-7250 NOTICE OF PUBLIC HEARING The CITY OF BURLINGAME CITY COUNCIL will hold a public hearing to consider adoption of an Ordinance to amend the Trousdale West (TW) and EI Camino Real North (ECN) zoning district regulations to establish consistency between the two districts. The hearing will be held on Monday, October 15, 2007, at 7:00 p.m. in the Burlin-game City Hall Council Chambers at 501 Primrose Road, Burlingame, California. The staff report for this item may be reviewed prior to the meeting at the Community Development Department at 501 Primrose Road, Burlingame, California. For additional information, please call (650) 558- 7250. Appeared in: San Mateo County Times on Friday, 10/05/2007 http://www.mypublicnotices.com/PublicNotice/Popups/PrintNotice.asp?PrintNoticeList=688366,... 10/5/2007 I ORDINANCE NO. 2 ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTERS 25.08, 25.40, AND 25.41 TO CORRECT HEIGHT LIMITATION 3 STANDARDS TO MAKE CONSISTENT WITH NORTH BURLINGAME/ROLLINS ROAD SPECIFIC PLAN AND REVISE PARKING STANDARDS TO INCLUDE 4 UNISTALL PROVISIONS AND DEFINITION 5 6 The City Council of the City of Burlingame does ordain as follows: 7 8 Section 1. The City has adopted two new zoning districts in the El Camino North (ECN) 9 and Trousdale West(TW) areas of the City, which contain new regulations regarding frontages, 10 setback, mixed uses, parking requirements, and streetscapes. This ordinance is adopted to correct 11 height limits to match design guidelines set forth in the North Burlingame/Rollins Specific Plan 12 and to provide unistall parking standards. 13 14 Section 2. A new Section 25.08.521 is added as follows: 15 25.08.521 Parking space, unistall. 16 "Unistall parking space" means a parking layout in which all the parking spaces shall 17 have the same eight and one-half(8 '/z) feet by eighteen (18) feet dimension unless the unistall 18 space is confined by a structure, wall or fence along one or both lateral sides, then the minimum 19 width shall be nine (9 '/z ) feet. 20 21 Section 3. Section 25.40.060 is amended to read as follows: 22 25.40.060 Height and Lot Coverage. 23 (a) Minimum required heights. 24 (1) Trousdale Drive, Murchison Drive, and Magnolia Drive. Any structure containing a 25 dwelling or commercial use with a lot front on Trousdale Drive, Murchison Drive, or Magnolia 26 Drive shall be at least three (3) stories or thirty-five (35) feet in height, whichever is greater; 27 (2) Ogden Drive and Marco Polo Way. Any structure containing a dwelling or 28 commercial use with a lot front on Ogden Drive or Marco Polo Way shall be at least two (2) 1 I stories or twenty-four (24) feet in height, whichever is greater. 2 (b) Maximum allowed height. 3 (1) Residential structures with a lot front on Trousdale Drive. Residential structures 4 without any commercial uses shall have a maximum height of sixty-two (62) feet. Residential 5 structures that meet the city's inclusionary housing requirements shall have a maximum height of 6 seventy-five (75) feet, if the inclusionary units are provided for a minimum of thirty (30) years. 7 (2) Mixed commercial and residential structures. 8 (a) Mixed commercial and residential structures with a lot front on Trousdale Drive shall 9 have a maximum height of seventy-five (75) feet. 10 (b) Mixed commercial and residential structures with a lot front on Magnolia Drive shall 11 have a maximum height of sixty (60) feet. 12 (3) Marco Polo Way, Ogden Drive, Murchison Drive, and Magnolia Drive. No structure 13 with a lot front on Marco Polo Way, Ogden Drive, Murchison Drive, or Magnolia Drive shall 14 exceed sixty (60) feet in height. 15 (4) The maximum height on any parcel may be exceeded by a mechanical penthouse with 16 a maximum height of ten (10) feet as measured from the adjacent roof surface and covering no 17 more than five (5)percent of the roof area. 18 (5) On corner lots, the maximum height allowed for the lot front shall be the maximum 19 height allowed for the entire structure. 20 (c) Notwithstanding any provision of this chapter, maximum heights are also subject to 21 further limitation by the Federal Aviation Administration. 22 (d) Notwithstanding any other provision of this title, no variance shall be granted or 23 approved to exceed the maximum heights established in subsections (b) and (c) of this section. 24 (e) Maximum Lot Coverage. The maximum lot coverage is fifty (50) percent, except as 25 expressly provided in Section 25.40.025. 26 27 Section 4. A new Section 25.40.100 is added to read as follows: 28 25.40.100 Special Parking Requirements. 2 I (a) Underground garages in setback areas. Garages may be constructed entirely below 2 ground level and such underground garages may project into any required yard or building 3 setback area. 4 (b) Unistalls. All parking stalls may be unistall parking spaces; however, all disabled 5 accessible parking spaces shall meet the dimensions required in the California Building Code in 6 effect at the time a project is submitted for city review. No compact parking stalls shall be 7 allowed if any unistall parking space is used for any required parking. 8 (c) Aisle Dimensions. All aisles within a parking area shall be as follows: 9 Parking Space Angle Required Back up Aisle 10 90 degree 24 feet 11 60 degree 18 feet 12 40 degree 13 feet 13 (d) Except as otherwise provided in this section, all uses shall provide parking spaces in 14 accordance with the applicable provision of Chapter 25.70 of this code. 15 (e) In office or mixed use structures that include office uses where the gross square 16 footage of the structure is greater than twenty thousand (20,000) square feet, health service and 17 office uses shall provide on-site parking at a ratio of one (1) parking space for each three hundred 18 (300) square feet of office or health service use; parking for all other uses on site shall be 19 provided on-site as required in Chapter 25.70. 20 21 Section 5. A new Subsection 25.41.060(b)(5) is added to read as follows: 22 (5) On corner lots, the maximum height allowed for the lot front shall be the maximum 23 height for the entire structure. 24 25 Section 6. Subsection 25.41.090(a) is amended to read as follows: 26 (a) Underground Garages in Setback Areas. Garages may be constructed entirely below 27 ground level and such underground garages may project into any required yard or building 28 setback area. 1 Section 7. This ordinance shall be published in accordance with law. 2 3 Mayor 4 5 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the 6 foregoing ordinance was introduced at a meeting of the City Council held on the 1 S`day of 7 October, 2007, and adopted thereafter at a regular meeting of the City Council held on the 8 day of , 2007, by the following vote: 9 AYES: COUNCILMEMBERS: 10 NOES: COUNCILMEMBERS: 11 ABSENT: COUNCILMEMBERS: 12 13 City Clerk 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 AGENDA ITEM 6e BURLINGAME NO: STAFF REPORT MEETING DATE: October 15,2007 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: DATE: October 5, 2007 APPROVED BY: j FROM: William Meeker, Community Development Director— (650) 558'=7255 SUBJECT: PUBLIC HEARING AND ACTION ON AN ORDINANCE TO AMEND TITLE 25, CHAPTER 25.70 OF THE MUNICIPAL CODE TO ESTABLISH PARKING STANDARDS FOR ANIMAL SHELTERS RECOMMENDATION: The City Council should hold a public hearing and take action on the proposed ordinance which would amend the zoning regulations to establish parking standards for animal shelters. Affirmative action should be to adopt the proposed ordinance. In its action, the Council should: 1. Adopt the proposed ordinance; and 2. Direct the City Clerk to publish a summary of the ordinance within 15 days of adoption. The public hearing for action was noticed in a newspaper of general circulation (San Mateo County Times) on October 5, 2007. CITY COUNCIL INTRODUCTION: On October 1, 2007, the City Council introduced the proposed ordinance to amend the zoning regulations to establish parking standards for animal shelters. The Council, by a 5-0 vote, introduced the ordinance, directed the City Clerk to publish a summary of the ordinance and set the date for the second reading of the ordinance on October 15, 2007. BACKGROUND: On June 18, 2007, the City Council approved a project for a Peninsula Humane Society and SPCA facility at 1450 Rollins Road/20 Edwards Court. The action taken by the City Council included action on the Final Environmental Impact Report, the Conditional Use Permit and Design Review for the construction of the proposed facility, and a determination of the parking standard for animal shelter/rescue facility uses. The Zoning Code does not include a specific standard for an animal shelter/rescue facility use. However, the code provides a process for establishing the on-site parking requirement for unique uses which are not covered by the City's parking schedule. Code Section 25.70.042 describes the items which should be included in the evaluation and requires, in the case of such use, that the City Planner (now Community Development Director) make the determination on the parking requirement for the specific use. In this case, a parking needs study of similar facilities in the Bay Area was undertaken by a traffic engineer to determine the parking standard. The proposed standard of one space per 625 square feet of floor area is based on the peak daytime parking usage for an animal shelter and would account for the parking needs of both employees and visitors to the site. Based on the documentation provided, the City Planner accepted the on-site parking requirement established by the study prepared by the traffic engineer of 1.56 parking spaces per 1,000 CITY COUNCIL MEETING—October 15,2007 Public Hearing and Action on an Ordinance to Establish Parking Standards for Animal Shelters square feet for the proposed use. For the purposes of the Zoning Code amendment,the requirement established by the parking needs study was converted to one space for every 625 square feet of floor area to be compatible with the format used for other uses. As a part of the project review,the Planning Commission and City Council also considered what parking standard would be applied to any outdoor habitat such as an aviary included as a part of an animal shelter facility. It was determined that since the area is primarily habitat for animals and there are a limited number of employees attributable to this outdoor area,that a standard of one parking space per 5,000 square feet of aviary or other outdoor habitat would be adequate to account for the parking needs of that space. The attached memorandum from the City Attorney dated May 30, 2007 was included in the Council's packet for consideration of the parking determination, and summarizes the findings of the analysis prepared by Fehr and Peers, traffic consultants. The memorandum also provides rationale for establishing a standard for outdoor habitats. The determination regarding the appropriate parking requirement for an animal shelter was made in the action on the Peninsula Humane Society and SPCA project. The purpose of the proposed ordinance is to place that determination in the Zoning Code for ease of reference and to affirm the Council's earlier determination on the matter. Environmental Review Status: The determination regarding the appropriate parking standards for animal shelters was considered and reviewed in the Final Environmental Impact Report prepared for the Peninsula Humane Society and SPCA Project at 1450 Rollins Road/20 Edwards Court and certified by the City Council on June 18,2007. The adoption of an ordinance to codify this determination falls within the scope of the project as evaluated in the certified Final Environmental Impact Report,and does not represent a substantial change in the project. Furthermore,there have been no substantial changes in circumstances or new information made available since the time the EIR was certified. Therefore, no further environmental review is required. Planning Commission Action: On August 27,2007,the Planning Commission held a public hearing and voted 4-2-1 (Commissioners Auran and Osterling dissenting; Commissioner Terrones absent) to recommend approval of the proposed ordinance establishing parking standards for animal shelters. The dissenting commissioners indicated that they would not support the ordinance because they feel that the parking requirement for open-air habitats should be the same as for the remainder of the animal shelter facility. Attachments: • August 27,2007 Planning Commission Minutes • August 27,2007 Planning Commission Staff Report • City Attorney Memorandum dated May 30,2007 • Newspaper Notice of Planning Commission Hearing published August 17,2007 • Newspaper Notice of City Council Hearing published October 5,2007 • Ordinance of the City of Burlingame Amending Section 25.70.40 to Affirm Parking Requirements for Animal Shelters and Animal Rescue Centers S:IREPORTSICode Amendmentsftg Req for Animal Shelters=SR-Adopt Ord Pkg Stds for Animal Shelters.10.15.07doc 2 City of Burlingame Planning Commission Unapproved Minutes August 27, 2007 • David Leung, 3066 H'(side Drive, Burlingame; is p rt owner of property. Submitted letters from two neighbors support' g the project. There were no furt r comments and the publi earing was closed. Additional Co mission comments: • Stil oncemed about original d ' eway and landscape plan. All in ation is not available that had en previously requested. • here is a tremendous a unt of hardscape at the front of the use. Whole area in front appears to have been paved. Wh changes were made to this area f m what was approved. Wood trim needs to a installed along with other decora i e elements, including wood siding, that have been elimin d. • The transom wi dow on the rear elevation is not ne ssary. • Could be ref ed to a design reviewer to look a aking it conform more closely to the ap ved plans. Commissio r Osterling moved to continue the 'am with direction to the applicant to ad ss the items raised by a Commission in its discussion, o erMse, the application may be denied. The otion was seconded by Commissi er Cauchi. air Deal called for a voice vote the motion to continue. The motion ssed 6-0-1 (Commissioner Terrones absent). This item con ded at 8:40 p.m. 6. Ordinance Establishing Parking Standards for Animal Shelters (Newspaper Notice,San Mateo Times, 8/17/07) Project Planner: Maureen Brooks Reference staff report dated August 27, 2007, with attachments. Senior Planner Brooks presented the report, reviewed criteria and staff comments. Chair Deal opened the public hearing. Commission comments: none Public comments: none There were no further comments and the public hearing was closed. Commissioner Brownrigg moved to recommend to the City Council, adoption of an ordinance establishing parking standards for animal shelters, as presented by staff. The motion was seconded by Commissioner Vistica. Additional Commission comments: • Commissioners Auran and Osterling indicated that they would vote against the motion, as they feel that the parking requirement for open-air habitats should be the same as for the remainder of the animal shelter facility. Chair Deal called for a voice vote on the motion to recommend approval to the City Council. The motion passed 4-2-1 (Commissioners Auran and Osterling dissenting, Commissioner Terrones absent). Appeal procedures were advised. This item concluded at 8:45 p.m. 6 City of Burlingame Item No. Ordinance Establishing Parking Standards for Animal Shelters Action No,. Meeting Date: 8/27/07 Proposal: Amendment to Title 25, Chapter 25.70 of the Municipal Code to establish parking standards for animal shelters. Planning Commission Action: The Planning Commission should conduct a public hearing and consider public testimony and the analysis contained in the staff report. Following the public hearing the Commission may consider two alternatives: 1. Recommend the proposed ordinance to the City Council for action; or 2. Direct staff to make adjustments to the ordinance and refer it back to the Commission for reconsideration and action. Background: On June 18, 2007, the City Council approved a project for a Peninsula Humane Society and SPCA facility at 1450 Rollins Road/20 Edwards Court. The action taken by the City Council included action on the Final Environmental Impact Report, the Conditional Use Permit and Design Review for the construction of the proposed facility, and a determination of the parking standard for animal shelter/rescue facility uses. The Zoning Code does not include a specific standard for an animal shelter/rescue facility use. However, the code provides a process for establishing the on-site parking requirement for unique uses which are not covered by the City's parking schedule. Code Section 25.70.042 describes the items which should be included in the evaluation and requires, in the case of such use, that the City Planner (now Community Development Director) make the determination on the parking requirement for the specific use. In this case, a parking needs study of similar facilities in the Bay Area was undertaken by a traffic engineer to determine the parking standard. The proposed standard of one space per 625 square feet of floor area is based on the peak daytime parking usage for an animal shelter and would account for the parking needs of both employees and visitors to the site. Based on the documentation provided, the City Planner accepted the on-site parking requirement established by the study prepared by the traffic engineer of 1.56 parking spaces per 1,000 square feet for the proposed use. For the purposes of the Zoning Code amendment, the requirement established by the parking needs study was converted to one space for every 625 square feet of floor area to be compatible with the format used for other uses. As a part of the project review, the Planning Commission and City Council also considered what parking standard would be applied to any outdoor habitat such as an aviary included as a part of an animal shelter facility. It was determined that since the area is primarily habitat for animals and there are a limited number of employees attributable to this outdoor area, that a standard of one parking space per 5,000 square feet of aviary or other outdoor habitat would be adequate to account for the parking needs of that space. The attached memorandum from the City Attorney dated May 30, 2007 was included in the Council's packet for consideration of the parking determination, and summarizes the findings of the analysis prepared by Fehr and Peers, traffic consultants. The memorandum also provides rationale for establishing a standard for outdoor habitats. Ordinance Establishing Parking Standards for Animal Shelters August 27, 2007 The determination regarding the appropriate parking requirement for an animal shelter was made in the action on the Peninsula Humane Society and SPCA project. The purpose of the proposed ordinance is to place that determination in the Zoning Code for ease of reference and to affirm the Council's earlier determination on the matter. Environmental Review Status: The determination regarding the appropriate parking standards for animal shelters was considered and reviewed in the Final Environmental Impact Report prepared for the Peninsula Humane Society and SPCA Project at 1450 Rollins Road/20 Edwards Court and certified by the City Council on June 18, 2007. The adoption of an ordinance to codify this determination falls within the scope of the project as evaluated in the certified Final Environmental Impact Report, and does not represent a substantial change in the project. Furthermore, there have been no substantial changes in circumstances or new information made available since the time the EIR was certified. Therefore, no further environmental review is required. Maureen Brooks Senior Planner Attachments: City Attorney Memorandum dated May 30, 2007 Newspaper Notice—Published in San Mateo Times August 17, 2007 Ordinance Establishing Parking Standards for Animal Shelters -2- M E M O R A N D U M CITY OF BURLINGAME CITY ATTORNEY DATE: May 30, 2007 TO: Mayor and Council FROM: Larry. E. Anderson, City Attorney RE : Parking Determination for Animal Shelters and Animal Rescue Facilities One of the decisions that the Council is being asked to make as part of the appeal of the Planning Commission's decision on the proposed project at 1450 Rollins Road is what the parking requirement for animal shelters and animal rescue facilities should be. This determination would apply to any future applications for such facilities in the City and will eventually be placed in the Zoning Code itself. Fehr & Peers, the subconsultant to Impact Sciences in preparing the EIR, surveyed three Bay Area facilities to determine parking demand, and found that the observed peak parking demand at the facilities was in the range of 1 .08 per thousand square feet (San Jose) to 2.23 per thousand square feet (Tony La Russa). Tri-Valley SPCA in Dublin had so little traffic because of the way in which its facility is operated that only a few parking spaces seemed necessary. Kevin Guibara, an owner of property near the proposed project, has calculated the numbers differently and believes that Fehr & Peers' numbers are incorrect. Mr. Guibara found a reference that indicates that the San Jose facility may actually have 43,500 square feet, rather than 50,000 square feet as found by Fehr & Peers. Mr. Guibara points out that this would push the lower range value up to 1.24 per thousand square feet, and the calculated average up to 1 .73 per thousand square feet. Staff obtained the project drawings for the San Jose facility, which are attached. Measured by Burlingame square footage standards for parking,the facility seems to actually exceed 50,000 square feet (see also attached San Francisco Chronicle article on facility's opening). In addition, the facility has an outdoor exercise/training area of some 18,000 square feet that is above and beyond the square footage of the enclosed facility (the proposed project in Burlingame has an indoor exercise area). Therefore, the San Jose facility parking demand ratio determined by Fehr & Peers may actually overstate the ratio if some or all of the exercise area is added to the facility's square footage. Staff also followed up by speaking with planners in Santa Clara, Walnut Creek, Dublin, and San Jose, staff found that none of the four cities had an adopted standard; each had followed a different path in approving each facility. Parking ratios ranged from 1 space per 1,433 square feet to 1 space per 269 square feet. However, Santa Clara had based the parking analysis on number of employees. Outdoor exercise areas were apparently not counted in any of these calculations. None of the Mayor and Council Ani , Shelters and Animal Rescue Facilities Re: Parking Determination for An May 30,2007 Page 2 planners reported any parking problems at any of the facilities. In response to the concerns expressed at the Planning Commission hearing, staff has also done further research on adopted parking standards that other communities use for animal shelters and animal rescue facilities. With regard to specific parking standards for animal shelters,the requirements range from 1 space per 400 square feet (2.5 per thousand square feet) in Encinitas (Section 30.54.030) to 1 space per 2000 square feet(0.5 per thousand square feet) in Seattle (Chart A to Section 23.54.015). With regard to accessory outdoor habitats such as aviaries, staff did not find any standards. However, greenhouses might be viewed as a similar type of use. The City of Encinitas applies a standard of 3 parking spaces per acre (0.07 per thousand square feet) to greenhouses (Section 30.54.030). The City& County of San Francisco applies a standard of 1 parking space per 4,000 square feet (0.25 per thousand square feet) for greenhouses (Article 1.5, Section 151 of Planning Code). The Burlingame Planning Commission determined that a parking ratio of 1.6 parking spaces per thousand square feet(or 1 parking space per 625 square feet)for an animal shelter or animal rescue facility was a good standard to apply to such uses in the City.' In addition, the Commission determined that when used in conjunction with such animal shelter or rescue facility, an aviary would require 1 parking space. This was based on the analysis that found that the presence of one employee on the project site would be attributable to the aviary. While staff believes that the 1.6 parking space ratio is supportable and well-defined,the one parking space for the aviary may be a bit vague for future applications and projects. Therefore, staff recommends that the Council consider further defining the outdoor habitat or aviary requirement by placing an actual ratio on the use,such as the number of employees attributable to the outdoor habitat or aviary(one parking space per employee attributable). An alternative would be to establish a ratio based on square footage, such as 1 parking space per 4,000 or 5,000 square feet of aviary. Therefore, in making its determination on the parking standard to be applied, the Council should determine the following: 'Fehr and Peers used a straight averaging of the two facilities it surveyed and derived a peak parking demand of 1.66 per thousand square feet. Fehr&Peers memo of May 23, 2007, at page 2. However, if one were to use a weighted average (which might make more sense in leavening the different aspects of such a facility),the calculation comes out as follows: (1 08 X 50,000 sf)+ (2.23 X 37,000 sf)= 1.57 parking spaces per thousand sf 50,000 sf+37,700 sf i Mayor and Council Re: Parking Determination for Animal Shelters and Animal Rescue Facilities May 30, 2007 Page 3 a) What is the appropriate parking standard ratio for the enclosed animal shelter/animal rescue facility? The Planning Commission has recommended a standard of 1.6 parking spaces per thousand square feet. b) What is the appropriate parking standard for an outdoor habitat such as an aviary in conjunction with another use? The Planning Commission has recommended a standard of one parking space,and staff recommends that this be further refined by either requiring a parking space per employee attributable to the habitat,or a set parking space per thousand square feet such as one space per 4,000 square feet of habitat. GEORGEIVERS d ASSOCIATES w PLANLLJ Z U) w dNWsL�ses�c8s U ELEVATION `�O e•4e""° WT 1 cn o I Pz m El Z �o LU E,-Co � O Z Q LL- 0 LO \ a 1 � � i ��svaau— I fm p+ n r u EEFe e.na ueo - M d n� x [�{'.�i'.. .�� r-r�P�raw<.memv:�mm mr+a•uq i%/��% _•dry�'1�2 e�r� �Cwsa'•Pb�a[Anmliamiel laaL ILgE£ 39]GgaS] m�a ]9]NEY Tm1L/IV GNN1➢C Gm6: 0 TOVL MSMG NEI PRWMM Sau 7v]e Animal Service PacillLpSPME run vi�I MI-flemu OMM MME OF SRF PVOF Nav, UnWl ge Uele 3l]lot GSE: 43.97 5E PUN r o 43- E17 SdVOOSFSI DR: SW &v.Wben ''P UT rNIXm 310 7J7.SPAM NVSNS Y.M. mtla430 _ev,l ACCEMOU]PILES ueM Jil. 1 INEWG SPACE u 9 SPAM III S4LYMgr 012 BEST AWULABLE Public Notices Page 1 of 1 CITY OF BURLINGAME 501 PRIMROSE ROAD BUR CITY OF BURLINGAME 501 Primrose Road Burlingame, CA 94010-3997 (650) 558-7250 NOTICE OF PUBLIC HEARING The CITY OF BURLINGAME PLANNING COMMISSION will hold a public hearing to consider amending Chapter 25 of the Municipal Code to establish parking standards for animal shelters. The hearing will be held on Monday, August 27, 2007, at 7:00 P.M. in the City Hall Council Chambers at 501 Primrose Road, Burlingame, California. A copy of the proposed ordinance may be reviewed prior to the meeting at the Community Development Department at 501 Primrose Road, Burlingame, California. For additional information, please call the Burlin- game Community Development Department (650) 558-7250. Appeared in: San Mateo County Times on Friday, 08/17/2007 Home Back Public Notice Print Pagel of 3 CITY OF BURLINGAME 501 PRIMROSE ROAD BUR CITY OF BURLINGAME 501 Primrose Road Burlingame, CA 94010-3997 (650) 558-7250 NOTICE OF PUBLIC HEARING The CITY OF BURLINGAME CITY COUNCIL will hold a public hearing to consider amending Chapter 25 of the Municipal Code to establish parking standards for animal shelters. The hearing will be held on Monday, October 15, 2007, at 7:00 p.m. in the Burlin-game City Hall Council Chambers at 501 Primrose Road, Burlingame, California. The staff report for this item may be reviewed prior to the meeting at the Community Development Department at 501 Primrose Road, Burlingame, California. For additional information, please call (650) 558- 7250. San Mateo County Times Appeared in: Inside Bay Area on Friday, 10/05/2007 http://www.mypublicnotices.coni/PublicNotice/Popups/PrintNotice.asp?PrintNoticeList=68 83 66,... 10/5/2007 I ORDINANCE No. 2 ORDINANCE OF THE CITY OF BURLINGAME AMENDING SECTION 25.70.40 TO AFFIRM PARKING REQUIREMENTS FOR 3 ANIMAL SHELTERS AND ANIMAL RESCUE CENTERS 4 5 The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: 6 7 Section 1. During the past two years, the City has reviewed and approved the 8 development of an animal shelter/rescue center as a conditional use in the North 9 Burlingame/Rollins Road area. As part of that decision, the City Council made a determination 10 on the appropriate parking requirements for such a use. This ordinance is intended to place that 11 determination in the Zoning Code for ease of reference and affirms the Council's earlier 12 determination. 13 14 Section 2. Section 25.70.040 is amended to add the following category: 15 Animal Shelter or Animal Rescue Center I space per 625 square feet of gross floor area and 1 16 space per 5,000 square feet for outdoor habitat that 17 is accessory to such a facility 18 19 Section 3. This ordinance shall be published as required by law. 20 21 Mayor 22 23 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the 24 foregoing ordinance was introduced at a regular meeting of the City Council held on the I"day of 25 October, 2007, and adopted thereafter at a regular meeting of the City Council held on the 26 day of , 2007, by the following vote: 27 28 I 1 AYES: COUNCILMEMBERS: 2 NOES: COUNCILMEMBERS: 3 ABSENT: COUNCILMEMBERS: 4 City Clerk 5 6 7 U:\FILES\ORDINANC\animalshelterpkg.pin.wpd 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 8a AGENDA ITEM BURLINGAME STAFF REPORT NO. MEETING DATE: October 15.2007 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY:X255 � DATE: October 15, 2007 APPROVED BY: FROM: William Meeker, Community Development Director— (650) 55 Joseph Cyr, CBO, Chief Building Official — (650) 558-7270 SUBJECT: INTRODUCE ORDINANCE TO AMEND TITLE 18 OF THE MUNICIPAL CODE TO ADOPT THE 2007 CALIFORNIA BUILDING CODES WITH LOCAL AMENDMENTS INTRODUCTION: The City Council should review the proposal to amend the building regulations by adopting the most recent edition of the California Building Codes including local amendments. Council should review the proposed amendments with staff and suggest any changes, if necessary, and introduce the ordinance. The following actions should be taken to introduce the ordinance to amend the building code regulations: 1. Request the City Clerk to read the title of the proposed ordinance. 2. Waive further reading of the ordinance. 3. Introduce the proposed ordinance. 4. Direct the City Clerk to publish a summary of the ordinance at least five days before the proposed adoption. BACKGROUND: The California Building Standards Commission was established in 1953 and is appointed by the Governor. Since 1978 all proposed regulations promulgated by the various state agencies must be reviewed and approved by the Building Standards Commission. In January 2007 the Building Standards Commission unanimously voted to adopt the most up-to-date edition of the model codes as amended by those various state agencies. On July 1, 2007 the California Building Codes were published. Within 180 days of that publication date all local jurisdictions are required by State law to adopt and to enforce the most recent codes reviewed and approved by the California Building Standards Commission. The new codes will become effective on January 1, 2008. Adoption of the 2007 California Building Codes will finalize the effort to standardize building codes nationwide that began in 1994. ALTERNATIVE: The City Council may choose not to adopt the new editions of the California Codes. If it chooses this option then the Burlingame City Code will default to the new California Codes as prescribed by State law. Without adopting amendments or modifications the local geographic, topographic, and climatic conditions unique to the City of Burlingame will not be addressed. Attachments: ■ Ordinance of the City of Burlingame Amending Title 18 of the Municipal Code which proposes adoption of the 2007 California Building Codes with local amendments. S:ICode Adoption DocumentslStaff Report Introduce Building Code Ord 9-26-07.doc I ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 18 OF THE CODE OF THE CITY OF BURLINGAME; ADOPTING BY REFERENCE THE 2007 3 EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24 (CCR-T24), STATE HOUSING LAW, THE 4 CALIFORNIA CODE OF REGULATIONS, TITLE 25,DIVISION 1, CHAPTER 1, SUBCHAPTER 1, SECTION 32 (CCR, T-25), 1997 UNIFORM ADMINISTRATIVE 5 CODE,AND AMENDMENTS AND MODIFICATIONS THERETO 6 7 The City Council of the City of Burlingame ordains as follows: 8 9 Section 1. The City of Burlingame is located between the Santa Cruz Mountains foothills 10 and San Francisco Bay, with a number of substantial creeks flowing through highly developed 11 residential and industrial areas. It is surrounded by large areas of open space maintained in 12 natural condition, as well as having a significant natural canyon in the center of the residential 13 area. Strong winds come down the foothills during both the driest and the wettest parts of the 14 year. The City is directly east of the San Andreas Fault, and much of the highly developed part 15 of the City is located along the front of the Bay, much of it on fill. The United States Geologic 16 Survey, the California Division of Mines and Geology, and the Association of Bay Area 17 Governments have extensively mapped the area for such earthquake probabilities. The foothill 18 areas have a variety of soil formations with steep canyons and heavy precipitation. Much of the 19 City has a high water table. Fires in the community could quickly spread because of the 20 extensive, natural vegetation throughout the City. The City has a number of highly developed 21 commercial areas with older buildings, and an industrial area that is filled with mixed uses 22 utilizing various materials that could be highly hazardous. In addition,heavily traveled approach 23 and departure routes for San Francisco International Airport are immediately adjacent or over the 24 City. The City is also located in a national climate zone that is designated"Very High" on the 25 Termite Infestation Probability Map. The City has worked with other jurisdictions on the San 26 Francisco Peninsula to establish consistent standards to minimize the impact that varying 27 standards might have on development and redevelopment of both residential and commercial 28 buildings. It is only through strong building standards and effective fire prevention and 1 I containment programs that citizens will receive the protection they deserve, and that citizens will 2 be able to obtain reasonably priced insurance for their homes and businesses. In seeking to attain 3 these goals, the building standards in Title 18 have been and are adopted. 4 5 Section 2. In addition, in order to provide appropriate, clear information to applicants for 6 construction approvals, Section 18.07.050 is adopted to conform Title 18 to Zoning Code 7 requirements established in the Municipal Code. 8 9 Section 3. The City operates its own sanitary sewer system and water quality control 10 plant and is subject to State and Federal laws regarding both point and non-point discharges. 11 Sections 18.07.060, 18.08.010, 18.12.080, 18.12.090, 18.12.100, 18.12.110, 18.12.115, 12 18.12.120, and 18.12.125 are intended to assist the City in meeting its responsibilities regarding 13 those laws as well as protecting the public safety and welfare. 14 15 Section 4. The City also operates its own water supply system for its citizens. Sections 16 18.07.060, 18.12.050, 18.12.060, 18.12.070, and 18.12.100 are intended to provide consistent 17 policy regarding water service installations and to protect the public's water supply. 18 19 Section 5. Section 18.07.080 is amended to read as follows: 20 18.07.080 Section 304.2 amended-Permit fees. 21 The second sentence of the second paragraph of Section 304.2 is amended to read as 22 follows: 23 The minimum valuation shall be as set forth as the "Building Valuation Data" in the most 24 recent edition of the Building Safety Journal ® as published by the International Code 25 Council (ICC). 26 27 Section 6. Chapter 18.08 is amended in its entirety to read as follows: 28 2 I Chapter 18.08 2 BUILDING CODE 3 18.08.010 Adoption of California Building Code, Part 2, Volume 1. 18.08.020 Adoption of California Building Code, Part 2, Volume 2. 4 5 18.08.010 Adoption of California Building Code, Part 2. Volume 1. 6 The rules,regulations and requirements published by the International Code Council 7 (ICC) under the title "2006 International Building Code Volume 1" and adopted as the "2007 8 California Building Code Volume 1" including Appendix Chapters I and J and State of 9 California amendments thereto, are adopted as and for the rules, regulations and standards within 10 this city as to all matters therein contained with the following amendments: 11 (a) Section 108.8 amended-Appeals. 12 Section 108.8 is amended to read as follows: 13 SECTION 108.8 -APPEALS 14 An appeal of a denial of or a refusal to issue a permit or from any other decision of the building 15 official may be taken as set forth in section 18.07.040. 16 17 (b) Section 501.2 amended-Premises identification required. 18 Section 501.2 is amended to read as follows: 19 SECTION 501.2 - Premises Identification 20 501.2 Address numbers. New and existing buildings shall have approved address numbers, 21 building numbers or approved building identification placed in a position that is plainly legible 22 and visible from the street or road fronting the property. These numbers shall contrast with their 23 background. Address numbers shall be Arabic numerals or alphabet letters. Said numbers shall 24 be either internally or externally illuminated in all new construction. Numbers shall be as 25 follows: 26 1. Minimum of one-half-inch ('/z") stroke by two and one-half inches (2-1/2")high 27 2. When the structure is thirty-six(36) to fifty(50) feet from the street or fire department 28 access, a minimum of one-half-inch ('/z") stroke by six inches (6") high is required. 3 1 3. When the structure is more than fifty(50) feet from the street or fire apparatus access, a 2 minimum of one-half-inch('/2") strike by nine inches (9")high is required. 3 Multi -Tenant Buildings. Numbers or letters shall be designated on all occupancies within a 4 building. Size shall be one-quarter-inch(1/4") stroke by two inches (2")high and on a contrasting 5 background. Directional address numbers or letters shall be provided. Said addresses or numbers 6 shall be posted at a height no greater than 5 feet, 6 inches (5' 6") above the finished floor and 7 shall be either internally or externally illuminated in all new construction. 8 Rear Addressing. When required by the Fire Chief, approved numbers or addresses shall be 9 placed on all new and existing buildings in such a position as to be plainly visible and legible 10 from the fire apparatus road at the back of a property or where rear parking lots or alleys provide 11 and acceptable vehicular access. Number stroke and size shall comply with this section. 12 13 (c) 501.3 added-Utility Identification 14 Subsection 501.3 is added to read as follows: 15 501.3 Utility Identification. In multi-unit commercial and residential buildings, gas and electric 16 meters, service switches and shut off valves shall be clearly and legibly marked to identify the 17 unit or space that they serve. 18 19 (d) 501.4 added- Spark Arrestors 20 Subsection 501.4 is added to read as follows: 21 501.4 Spark Arrestors. Every chimney shall have a spark arrestor, either internally or 22 externally mounted. Any spark arrestor to be mounted internally shall not be installed until 23 installation plans for such arrestor have been submitted to and approved by the building division. 24 All chimneys as described in section 603.6 of the 2007 California Fire Code shall be retroactively 25 protected when one or more of the following conditions exist: 26 1. Upon the sale or transfer of the real property on which any chimney is located the 27 transfer of title shall not be made until each such chimney contains the required spark 28 arrestor, properly installed and in proper working order, and until an inspection report has 4 I been filed with the Fire Chief certifying that the work and/or inspection has been 2 performed. 3 2. In the event of any construction on such property for which a building permit is 4 required the final building permit sign off shall not be made until each such chimney a 5 spark arrestor has been installed. 6 7 (e) Section 903.1.2 added-Existing Building and Structures. 8 Section 903.1.2 is amended to read as follows: 9 903.1.2 Existing Buildings and Structures. All existing buildings and structures shall be 10 retroactively protected by an approved automatic extinguishing system when buildings with a 11 total building floor area in excess of 2,000 square feet, or more than two stories in height when 12 additions or alterations for which a building permit is required will exceed 1,200 square feet in 13 area. 14 Exceptions: 15 1. Additions or alterations for which the value of a building permit for construction does 16 not exceed 20% of the building's replacement cost as defined by the Building Valuation 17 Data(BVD) " in the most recent edition of the Building Safety Journal ®as published by 18 the International Code Council (ICC). 19 2. Residential one- and two-family dwellings. 20 3. The cost of additions and alterations used in calculating the replacement cost value 21 formula shall be exclusive of the cost to design and install an automatic fire sprinkler 22 extinguishing system pursuant to this section; building roof repair/replacement; building 23 heating and/or cooling unit repair/replacement; and any other federal, state and local 24 construction code upgrade requirements including but not limited to the seismic retrofit 25 requirements, asbestos, and other hazardous material abatement. 26 The following provisions apply to all sprinklered buildings: 27 1. The size or cost of additions and alterations used in calculating the size or replacement 28 cost value formula shall not be cumulative with regard to individual additions or 5 I alterations in a building unless either of the following two circumstances apply: 2 a. Where more than one(1) addition or alteration for which building permits are 3 required are made within a two (2)year period and said additions or alterations are 4 made to the premises of the same occupant. In such circumstances, the sum of the 5 size or costs of these additions or alterations during this two (2)year period shall 6 be aggregated for the purpose of calculating the size or replacement cost value 7 formula; or 8 b. Where more than one (1) addition or alteration for which building permits have 9 been issued have not yet received final Building Division approval. In such 10 circumstances, the sum of these issued but not yet finalized building additions' or 11 alterations' sizes or construction costs shall be aggregated for the purpose of 12 calculation of the size or replacement cost value formula. 13 2. When a building is partially retrofitted with an approved automatic sprinkler fire 14 extinguishing system pursuant to this section, the building owner shall complete the fire 15 extinguishing system retrofit throughout the unprotected building interior areas within six 16 (6) years of completing the initial partial retrofit or within every tenant space where a 17 building permit is obtained,whichever is less. 18 19 (f) Section 903.1.4 added-Additions and Alterations. 20 Section 903.1.4 is added to read as follows: 21 903.1.4 Additions and Alterations. The standard for determining the size of addition and/or 22 alteration for determining the threshold for fire sprinkler systems shall be determined by the 23 following: 24 1. The square footage of every room being added or altered shall be included in the 25 calculation of total square footage of addition or alteration. 26 2. The entire square footage of an individual room shall be considered added or altered 27 when at least fifty percent(50%) or greater of the linear length of interior wall sheeting or 28 ceiling of any one wall within the room is new,removed, or replaced. 6 1 3. The entire square footage of an individual room shall be considered added or altered 2 when at least fifty percent(50%)or greater of the linear length of concrete, brick or 3 masonry walls of any one wall within the room is new, removed, or replaced. 4 5 (g) Section 903.2.7 amended- Sprinklers Group R Occupancies 6 Section 903.2.7 Exception#1 is deleted in its entirety: 7 1. Detached one-and two-farnily - 8 houses) not more than tree stories above grade plane in height vvith a separate ineans o 9 egress, 10 11 12 (h) Section 903.2.7.1 added-Existing Group R Occupancies. 13 Section 903.2.7.1 is added to read as follows: 14 903.2.7.1 Existing Group R Occupancies. All existing residential one- and two-family dwellings 15 and structures shall be retroactively protected by an approved automatic extinguishing system 16 when buildings with a total building floor area in excess of 2,000 square feet, or more than two 17 stories in height, or when additions or alterations for which a building permit is required will 18 exceed 750 square feet in area. 19 Exceptions: 20 1. Additions or alterations for which the value of a building permit for construction does 21 not exceed 20% of the building's replacement cost as defined by the Building Valuation 22 Data(BVD) " in the most recent edition of the Building Safety Journal ® as published by 23 the International Code Council (ICC). 24 2. The cost of additions and alterations used in calculating the replacement cost value 25 formula shall be exclusive of the cost to design and install an automatic fire sprinkler 26 extinguishing system pursuant to this section;building roof repair/replacement; building 27 heating and/or cooling unit repair/replacement; and any other federal, state and local 28 construction code upgrade requirements including but not limited to the seismic retrofit 7 I requirements, asbestos, and other hazardous material abatement. 2 The following provisions shall apply to all sprinklered buildings: 3 a. In the event that a building is partially retrofitted with an approved automatic sprinkler 4 fire extinguishing system pursuant to this section,the building fire extinguishing system 5 retrofit shall be completed throughout the unprotected building interior areas within two 6 (2) years from completing the initial partial retrofit. 7 b. The size or cost of additions and alterations used in calculating the replacement cost 8 value formula shall not be cumulative with regard to individual additions or alterations in 9 a building unless either of the following two circumstances apply: 10 i. Where more than one (1) addition or alteration for which building permits are 11 required are made within a two (2)year period and said additions or alterations are 12 made to the premises of the same occupant. In such circumstances,the sum of the 13 sizes or costs of these additions or alterations during this two (2)year period shall 14 be aggregated for the purpose of calculating the size or replacement cost value 15 formula; or 16 ii. Where more than one(1) addition or alteration for which building permits have 17 been issued have not yet received final Building Division approval. In such 18 circumstances, the sum of these issued but not yet finalized building additions' or 19 alterations' sizes or construction costs' shall be aggregated for the purpose of 20 calculation of the size or replacement cost value formula. 21 22 (i) Section 903.3.1.1.1 amended-Exempt Locations. 23 Section 903.3.1.1.1 is amended by adding the following exception: 24 903.3.1.1.1 Exempt Locations. 25 5. At the top of elevator hoistways and elevator machine rooms enclosed by fire barriers 26 as required by the building code. 27 28 (j) Section 903.3.1.4 added- Inspector's Test. 8 I Section 903.3.1.4 is added to read as follows: 2 903.3.1.4 Inspectors Test Valves. Inspector Test Valves shall be provided for each system and 3 located the furthest point away from the sprinkler riser. 4 5 (k) Section 903.3.1.5 added-Additional Residential Sprinkler Locations. 6 Section 903.3.1.5. is added to read as follows: 7 903.3.1.5 Additional Residential Sprinkler Locations. The installation of a residential fire 8 sprinkler system shall conform to the following: 9 1. Sprinklers shall be required in all restrooms,bathrooms,powder rooms, and toilet 10 rooms regardless of their size. 11 2. Sprinklers shall be required throughout carports and garages. 12 Exception: 13 Detached carports and garages less than 2,000 square feet in area and separated 14 from residential buildings complying with Section 503.1.2 of the building code 15 and assuming a property line between all other structures. 16 3. Sprinkler coverage shall be provided in the following locations: 17 a. Attics adjacent to storage, mechanical equipment, electrical equipment and attic 18 access openings. 19 b. Attics and crawl spaces containing mechanical and/or electrical equipment. 20 21 Section 1505.1 amended-Roof covering requirements. 22 The first paragraph of Section 1505.1 is amended to read as follows: 23 1505.1 -General 24 Roof assemblies shall be divided into the classes defined below. Class A or Class B roof 25 assemblies and roof coverings required to be listed by this section shall be tested in accordance 26 with ASTM E 108 or UL 790. In addition, fire-retardant-treated wood roof coverings shall be 27 tested in accordance with ASTM D 2898. The minimum roof coverings installed on buildings 28 shall comply with the Table 1505.1 as amended. 9 I (m) Table 1505.1 - Roof Minimum fire retardant classes. 2 Table No. 1505.1 is amended to read as follows: 3 Table 1505.1 - Roof Minimum fire retardant classes. 4 TABLE NO. 1505.1a 5 MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION 6 Type IA IB IIA IIB IIIA IIIB IV VA VB 7 Roof Covering B B B B B B B B B 8 a.Unless otherwise required in accordance with Chapter 7A. 9 10 (n) Section 1505.1.3 amended-Roof covering within all other areas 11 Section 1505.1.3 is amended to read as follows: 12 1505.1.3 - Roof covering within all other areas 13 The entire roof covering of every existing structure where more than 50 percent of the total roof 14 area is replaced within any one-year period, the entire roof covering of every new structure, and 15 any roof covering applied in the alteration, repair or replacement of the roof of every existing 16 structure, shall be a fire-retardant roof covering that is at least Class B. 17 18 (o) Section 1503.4 amended-Roof Drainage. 19 Section 1503.4 is amended to read as follows: 20 1503.4 Roof and surface drainage requirements. 21 1503.4.1 In all zones other than R-1, the water from the roof of any building and from any paved 22 area which would flow by gravity over public sidewalk shall be carried by means of conductors 23 under the sidewalk and through the curb to the gutter, or other approved location. 24 1503.4.2 No storm water or underground water draining from any lot,building, or paved area 25 shall be allowed to drain to adjacent properties nor shall this water be connected to the city's 26 Sanitary sewer system. Regardless of the slope of the source property, such water shall drain to 27 either artificial or natural storm drainage facilities by gravity or pumping. 28 10 I (p) Table 1507.8 -Wood shingle or shake application. 2 Sections 1 through 4 of Table 1507.8 are amended to read as follows: 3 TABLE NO. 1507.8 4 WOOD SHINGLE AND SHAKE APPLICATION 5 ROOF ITEM FIRE-RETARDANT FIRE RETARDANT PRESSURE TREATED PRESSURE TREATED 6 WOOD SHINGLES WOOD SHAKES 7 1. Roof Slope Not permitted below 3:12 Not permitted below 4:12' 8 2. Deck Requirement Shingles and shakes shall be applied to roofs with solid sheathing. 9 3. Interlayment No requirements One 18-inch wide 10 interlayment of Type 30 felt shingled between each course 11 in such a manner that no felt is exposed to the weather 12 below the shake butts OR to comply with ASTM D 226, 13 Type 1. 14 4. Underlayment Metal foil with Type 30 felt The above material shall be liner between courses or placed over metal foil with 15 other underlayment that Type 30 felt liner between would allow the roof courses or other 16 covering and assembly to underlayment to achieve a achieve Class B rating. Class B rating. 17 'When approved by the Building Official,wood shakes may be installed on a slope of not less 18 than 3 inches in 12 inches when an underlayment of not less than non-perforated Type 15 felt is installed. 19 20 18.08.020 Adoption of California Building Code, Part 2,Volume 2. 21 The rules, regulations and requirements published by the International Code Council 22 under the title "2006 International Building Code Volume 2" and adopted as the "2007 California 23 Building Code Volume 2" is adopted as and for the rules, regulations and standards within this 24 city as to all matters therein contained with the following amendments: 25 26 (a) Section 1806.1 amended-Retaining wall requirements. 27 Section 1806.1 is amended by adding the following two paragraphs at the end of the 28 section: 11 I When a structure is to support a lateral load which retains fill which supports another structure, 2 supports the toe of a slope which is over four feet in height measured from the bottom of the 3 footing, or is required by the city engineer, it shall be designed by a licensed architect or engineer 4 and approved by the city engineer. 5 The following types of retaining walls shall be of concrete or other material which shall 6 have a minimum service life of 75 years for all major support systems and 50 years for all 7 replaceable support systems: Walls that are engineered, support a lateral load over 18" at property 8 line, support an engineered surcharge, support a structure, or support a toe of a slope. A fence 9 structure may not be substituted for a retaining wall. 10 11 (b) Section 3006.5 amended- Shunt trip 12 Section 3006.5 is amended as follows: 13 3006.5 Shunt trip. Where elevator hoistways or elevator machine rooms containing elevator 14 control equipment are protected with automatic sprinklers, a means installed in accordance with 15 NFPA 72, Section 3-9.4, Elevator Shutdown, shall be provided to disconnect automatically the 16 main line power supply to the affected elevator prior to the application of water. This means 17 shall not be self-resetting. The activation of sprinklers outside the hoistway or machine room 18 shall not disconnect the main line power supply. The shunt trip shall not be required when the 19 provisions of Section 903.3.1.1.1, Item#5 have been complied with. 20 21 (c) Section 3403 amended- Additions, alterations or repairs 22 Section 3403 is amended by adding the following: 23 3403 -Additions, alterations or repairs 24 25 (d) Section 3403.5.1 added-Repairs. 26 Subsection 3403.5.1 is added to read as follows: 27 3403.5.1 -Repairs. Repairs of structural elements shall comply with this section. 28 12 I (e) Section 3403.5.1.1 added- Seismic evaluation and design. 2 Subsection 3403.5.1.1 is added to read as follows: 3 3403.5.1.1 - Seismic evaluation and design. Seismic evaluation and design of an existing 4 building and its components shall be based on the following criteria. 5 6 (f) Section 3403.5.1.1.1 added-Evaluation and design procedures. 7 Subsection 3403.5.1.1.1 is added to read as follows: 8 3403.5.1.1.1 - Evaluation and design procedures. The seismic evaluation and design shall be 9 based on the procedures specified in the building code, ASCE 31 Seismic Evaluation of Existing 10 Buildings(for evaluation only) or ASCE 41 Seismic Rehabilitation of Existing Buildings. The 11 procedures contained in Appendix A of the International Existing Building Code shall be 12 permitted to be used as specified in Section 3403.5.1.1.3. 13 14 (g) Section 3403.5.1.1.2 added- CBC level seismic forces. 15 Subsection 3403.5.1.1.2 is added to read as follows: 16 3403.5.1.1.2 - CBC level seismic forces. When seismic forces are required to meet the building 17 code level, they shall be one of the following: 18 1. 100 percent of the values in the building code. The R factor used for analysis in 19 accordance with Chapter 16 of the building code shall be the R factor specified for 20 structural systems classified as "Ordinary"unless it can be demonstrated that the 21 structural system satisfies the proportioning and detailing requirements for systems 22 classified as "Intermediate" or"Special'. 23 2. Forces corresponding to BSE-1 and BSE-2 Earthquake Hazard Levels defined in 24 ASCE 41. Where ASCE 41 is used,the corresponding performance levels shall be those 25 shown in Table 3403.5.1.1.2. 26 27 (h) Table 3403.5.1.1.2 added-TABLE 3403.5.1.1.2 28 Table 3403.5.1.1.2 is added to read as follows: 13 I Table 3403.5.1.1.2 -TABLE 3403.5.1.1.2 2 ASCE 41 and ASCE 31 PERFORMANCE LEVELS 3 OCCUPANCY CATEGORY PERFORMANCE LEVEL PERFORMANCE LEVEL 4 FOR USE WITH ASCE 31 FOR (BASED ON IBC AND WITH ASCE 41 USE WITH ASCE 41 BSE-2 5 TABLE 1604.5) BSE-1 EARTHQUAKE EARTHQUAKE HAZARD HAZARD LEVEL LEVEL 6 1 Life Safety(LS) Collapse Prevention(CP) 7 II Life Safety(LS) Collapse Prevention(CP) 8 111 Note (a) Note (a) 9 ri-V Immediate Occupancy(IO) Life Safety(LS) 10 a. Performance Levels for Occupancy Category III shall be taken as halfway between the performance levels specified for Occupancy Category II and Occupancy Category IV. 11 12 (i) Section 3403.5.1.1.3 added-Reduced CBC level seismic forces. 13 Subsection 3403.5.1.1.3 is added to read as follows: 14 3403.5.1.1.3 - Reduced CBC level seismic forces. When seismic forces are permitted to meet 15 reduced building code levels, they shall be one of the following: 16 1. 75 percent of the forces prescribed in the building code. The R factor used for analysis 17 in accordance with Chapter 16 of the building code shall be the R factor as specified in 18 Section 3403.5.1.1.2. 19 2. In accordance with the applicable chapters in Appendix A of the International Existing 20 Building Code as specified in Items 2.1 through 2.5 below. Structures or portions of 21 structures that comply with the requirements of the applicable chapter in Appendix A 22 shall be deemed to comply with the requirements for reduced building code force levels. 23 2.1. The seismic evaluation and design of unreinforced masonry bearing wall 24 buildings in Occupancy Category I or II are permitted to be based on the 25 procedures specified in Appendix Chapter Al. 26 2.2. Seismic evaluation and design of the wall anchorage system in reinforced 27 concrete and reinforced masonry wall buildings with flexible diaphragms in 28 Occupancy Category I or II are permitted to be based on the procedures specified 14 I in Appendix Chapter A2. 2 2.3. Seismic evaluation and design of cripple walls and sill plate anchorage in 3 residential buildings of light-frame wood construction in Occupancy Category I or 4 II are permitted to be based on the procedures specified in Appendix Chapter A3. 5 2.4. Seismic evaluation and design of soft, weak, or open-front wall conditions in 6 multiunit residential buildings of wood construction in Occupancy Category I or II 7 are permitted to be based on the procedures specified in Appendix Chapter A4. 8 2.5. Seismic evaluation and design of concrete buildings and concrete with 9 masonry infill buildings in all Occupancy Categories are permitted to be based on 10 the procedures specified in Appendix Chapter A5. 11 3. In accordance with ASCE 31 based on the applicable performance level as shown in 12 Table 3403.5.1.1.2. 13 4. Those associated with the BSE-1 Earthquake Hazard Level defined in ASCE 41 and 14 the performance level as shown in Table 3403.5.1.1.2. Where ASCE 41 is used, the 15 design spectral response acceleration parameters Sxs and Sxl shall not be taken less than 16 75 percent of the respective design spectral response acceleration parameters SDS and 17 SDI defined by the International Building Code and its reference standards. 18 19 (j) Section 3403.5.1.2 added-Wind Design. 20 Subsection 3403.5.1.2 is added to read as follows: 21 3403.5.1.2 - Wind Design. Wind design of existing buildings shall be based on the procedures 22 specified in the building code. 23 24 (k) Section 3403.5.2 added-Repairs to damaged buildings. 25 Subsection 3403.5.2 is added to read as follows: 26 3403.5.2 - Repairs to damaged buildings. Repairs to damaged buildings shall comply with this 27 section. 28 15 1 (0 Section 3403.5.2.1 added-Unsafe conditions. 2 Subsection 3403.5.2.1 is added to read as follows: 3 3403.5.2.1 -Unsafe conditions. Regardless of the extent of structural damage, unsafe conditions 4 shall be eliminated. 5 6 (m) Section 3403.5.2.2 added- Substantial structural damage to vertical elements of the 7 lateral-force-resisting system. 8 Subsection 3403.5.2.2 is added to read as follows: 9 3403.5.2.2 - Substantial structural damage to vertical elements of the lateral-force-resisting 10 system. A building that has sustained substantial structural damage to the vertical elements of its 11 lateral-force-resisting system shall be evaluated and repaired in accordance with the applicable 12 provisions of Section 3403.5.2.2.1 through 3403.5.2.2.3. 13 14 (n) Section 3403.5.2.2.1 added-Evaluation. 15 Subsection 3403.5.2.2.1 is added to read as follows: 16 3403.5.2.2.1 - Evaluation. The building shall be evaluated by a registered design professional, 17 and the evaluation findings shall be submitted to the building official. The evaluation shall 18 establish whether the damaged building, if repaired to its pre-damage state, would comply with 19 the provisions of the building code. Wind forces for this evaluation shall be those prescribed in 20 the building code. Seismic forces for this evaluation are permitted to be the reduced level seismic 21 forces specified in Code Section 3403.5.1.1.3. 22 23 (o) Section 3403.5.2.2.2 added- Extent of repair for compliant buildings. 24 Subsection 3403.5.2.2.2 is added to read as follows: 25 3403.5.2.2.2 - Extent of repair for compliant buildings. If the evaluation establishes compliance 26 of the pre-damage building in accordance with Section 3403.5.2.2.1,then repairs shall be 27 permitted that restore the building to its pre-damage state,using materials and strengths that 28 existed prior to the damage. 16 I (p) Section 3403.5.2.2.3 added- Extent of repair for non-compliant buildings 2 Subsection 3403.5.2.2.3 is added to read as follows: 3 3403.5.2.2.3 - Extent of repair for non-compliant buildings. If the evaluation does not establish 4 compliance of the pre-damage building in accordance with Section 3403.5.2.2.1, then the 5 building shall be rehabilitated to comply with applicable provisions of the building code for load 6 combinations including wind or seismic forces. The wind design level for the repair shall be as 7 required by the building code in effect at the time of original construction unless the damage was 8 caused by wind, in which case the design level shall be as required by the code in effect at the 9 time of original construction or as required by the building code, whichever is greater. Seismic 10 forces for this rehabilitation design shall be those required for the design of the pre-damaged 11 building, but not less than the reduced level seismic forces specified in Section 3403.5.1.1.3. 12 New structural members and connections required by this rehabilitation design shall comply with 13 the detailing provisions of the building code for new buildings of similar structure,purpose, and 14 location. 15 16 (q) Section 3403.5.2.3 added- Substantial structural damage to vertical load-carrying 17 components. 18 Subsection 3403.5.2.3 is added to read as follows: 19 3403.5.2.3 - Substantial structural damage to vertical load-carrying components. Vertical 20 load-carrying components that have sustained substantial structural damage shall be rehabilitated 21 to comply with the applicable provisions for dead and live loads in the building code. 22 Undamaged vertical load-carrying components that receive dead or live loads from rehabilitated 23 components shall also be rehabilitated to carry the design loads of the rehabilitation design.New 24 structural members and connections required by this rehabilitation design shall comply with the 25 detailing provisions of the building code for new buildings of similar structure,purpose, and 26 location. 27 28 (r) Section 3403.5.2.3.1 added-Lateral force-resisting elements. 17 I Subsection 3403.5.2.3.1 is added to read as follows: 2 3403.5.2.3.1 - Lateral force-resisting elements. Regardless of the level of damage to vertical 3 elements of the lateral force-resisting system, if substantial structural damage to vertical 4 load-carrying components was caused primarily by wind or seismic effects,then the building 5 shall be evaluated in accordance with Section 3403.5.2.2.1 and, if non-compliant, rehabilitated in 6 accordance with Section 3403.5.2.2.3. 7 8 (s) Section 3403.5.2.4 added- Less than substantial structural damage. 9 Subsection 3403.5.2.4 is added to read as follows: 10 3403.5.2.4 -Less than substantial structural damage. For damage less than substantial structural 11 damage, repairs shall be allowed that restore the building to its pre-damage state, using materials 12 and strengths that existed prior to the damage.New structural members and connections used for 13 this repair shall comply with the detailing provisions of the building code for new buildings of 14 similar structure,purpose, and location. 15 16 (t) Section 3403.5.3 added-Referenced Standards. 17 Subsection 3403.5.3 is added to read as follows: 18 3403.5.3 - Referenced Standards. 19 Standard 20 Reference Referenced in Code Section Number Title Number 21 ASCE 31-03 Seismic Evaluation of Existing Buildings 3403.5.1.1.1, 22 TABLE 3403.5.1.1.2, 3403.5.1.1.3 23 ASCE 41-06 Seismic Rehabilitation of Existing Buildings 3403.5.1.1.1, 3403.5.1.1.2, 24 TABLE 3403.5.1.1.2, 3403.5.1.1.3 25 26 (u) Section 3403 amended- Suspended ceiling upgrade. 27 Section 3403 is amended by adding a new Subsection 3403.6 to read as follows: 28 18 1 3403.6 Suspended Ceiling Upgrade. When an addition, alteration or repair is performed on an 2 occupancy in which there is an existing suspended ceiling, such suspended ceilings shall be 3 modified throughout to comply with the provisions of ASTM C 635 and ASTM C 636. 4 5 Section 7. Section 18.09.010 is amended to read as follows: 6 18.09.010 Adoption of California Mechanical Code. 7 The rules, regulations and standards printed in one volume and published by the 8 International Association of Plumbing and Mechanical Officials (IAPMO)under the title "2006 9 Uniform Mechanical Code" and adopted as the "2007 California Mechanical Code," including 10 the appendices and State of California amendments thereto,hereinafter called "mechanical code," 11 is adopted as and for the rules,regulations and standards within this city as to all matters therein 12 contained, except as otherwise provided in this chapter. The appendices to the mechanical code 13 shall be enforceable to the same extent as if contained in the body of the code. 14 15 Section 8. Chapter 18.12 is amended in its entirety to read as follows: 16 Chapter 18.12 17 PLUMBING CODE 18 18.12.010 Adoption of 2007 California Plumbing Code. 18.12.020 Appeals. 19 18.12.025 Subsection 311.9 added-Prohibited fittings and practices. 18.12.030 Section 510.7 amended-Water heater safety pans. 20 18.12.035 Section 604.1 amended-Materials. 18.12.050 Section 605.3.1 added-Water supply shutoff valves. 21 18.12.060 Section 609.3 amended- Water piping installed in or under a concrete slab. 18.12.070 Section 610.8.1 added-Water service over two inches. 22 18.12.080 Section 710.1 amended-Drainage piping below main sewer level. 18.12.090 Section 719.7 added-Building sewer clean-out. 23 18.12.100 Section 807.2 amended- Condensate waste water disposal. 18.12.110 Disposal of rainwater drainage. 24 18.12.115 Rainwater drainage to pavedgutter. 18.12.120 Rainwater drainage across public sidewalk prohibited. 25 18.12.125 Elimination of existing rainwater drainage required. 26 18.12.010 Adoption of California Plumbing Code. 27 The rules, regulations and standards printed in one volume and published by the 28 International Association of Plumbing and Mechanical Officials (IAPMO)under the title 2006 19 I Uniform Plumbing Code" and adopted as the "2007 California Plumbing Code" including the 2 appendices A and D, and State of California amendments thereto,hereinafter called "plumbing 3 code," is adopted as and for the rules,regulations and standards within this city as to all matters 4 therein contained, except as otherwise provided in this chapter. The appendices specified herein 5 shall be enforceable to the same extent as if contained in the body of the plumbing code. 6 7 18.12.020 Appeals. 8 An appeal of a denial of or a refusal to issue a permit or from any other decision of the 9 building official may be taken as set forth in section 18.07.040. 10 11 18.12.025 Section 311.13 added-Prohibited Fittings and Practices. 12 Section 311.13 is added to read as follows: 13 311.13 Exterior Pipes. No plumbing drain vent pipe nor water, soil,waste, or gas pipe 14 shall be installed on, or attached to, the outside face of an exterior wall of a residential building 15 without the prior written permission of the building official. Such installation shall be enclosed 16 in such a way as to be obscured from view. 17 18 18.12.030 Section 508.4 amended-Water Heater Safety Pans. 19 Section 508.4 is amended to read as follows: 20 508.4 Each water heater located in an attic, furred space, living area or other location where 21 leakage would result in damage to the building or its contents shall have a safety pan with drain. 22 Safety pans shall be metal and be nominal two inches in diameter larger than the water heater, 23 with a minimum depth of two inches. The drain pipe shall be three-quarter inch trade size 24 minimum; shall terminate outside the building foundation or,where this is not practical or 25 possible, at another location approved by the building inspector; and shall have a continuous 26 minimum slope throughout its length of one-quarter inch,per foot away from the water heater. 27 28 H 20 1 18.12.035 Section 604.1 amended-Materials. 2 Section 604.1 is amended by addition of the following exception: 3 604.1 -Exceptions: 4 (4) Use of Cross-linked polyethylene (PEX)tubing is not permitted within the City of 5 Burlingame. 6 7 18.12.050 Section 605.3 amended-Water Supply Shutoff Valves. 8 Section 605.3 is amended to read as follows: 9 605.3 A gate shutoff valve shall be installed on each water supply pipe at an accessible point 10 where such supply enters a building. In multi-unit residential buildings, a gate shutoff valve shall 11 be installed on each water supply pipe at an accessible point where such supply enters each 12 apartment or dwelling unit; or,where an apartment or dwelling unit is supplied by a vertical riser, 13 a separate accessible shutoff valve may be provided at each plumbing fixture in the unit in lieu of 14 the shutoff valve on the main supply to the unit. 15 16 18.12.060 Section 609.3 amended-Water Piping Installed In or Under a Concrete Slab. 17 The first paragraph of Section 609.3 is amended to read as follows: 18 Water piping shall not be installed in or under a concrete floor slab within a building without 19 prior written approval of the building official. When such approval is obtained, such piping shall 20 be installed in accordance with the following requirements: 21 22 18.12.070 Section 610.8.1 added-Water Services Over Two Inches. 23 Subsection 610.8.1 is added to read as follows: 24 610.8.1 Water Services Over 2 inches. Design details, methods and materials for construction of 25 water services over 2 inches in diameter shall conform with the specifications for the 26 construction of such work as compiled by the city engineer. These specifications may be 27 changed from time to time at the option of the city engineer,but such changes shall in no way 28 effect the validity of the regulations or requirements contained therein or the regulations and 21 I requirements of this code. 2 3 18.12.080 Section 710.1 amended-Drainage Piping Below the Main Sewer Level. 4 Section 710.1 is amended to read as follows: 5 710.1 Drainage piping serving fixture(s)which have flood level rim(s) less than twelve inches 6 (12") above the elevation of the next upstream manhole and/or flushing inlet cover at the public 7 sewer system serving such drainage piping shall be protected from backflow of sewage as 8 follows: 9 710.1.1 In new buildings and in buildings modified to the extent described in Burlingame 10 Municipal Code section 18.07.020,these fixtures shall discharge by means of a sewage ejector or 11 pump in accordance with Section 710.2. 12 710.1.2 In existing buildings,protection from backflow shall be by means of a backwater valve 13 approved by the building official supplemented by an approved sewer relief valve installed with 14 its outlet at least six inches (6")below the flood level rim of the lowest installed drainage unit 15 fixture. Fixtures above that elevation shall not discharge through the backwater valve without 16 prior written approval of the building official. As an alternative,the system may be protected by 17 installation of an approved sewage ejector or pump. 18 19 18.12.090 Section 719.7 added-Building Sewer Cleanout. 20 Subsection 719.7 is added to read as follows: 21 719.7 When a building sewer is located under a street, alley or easement, there shall be provided 22 a cleanout, installed flush with the sidewalk level next to curb; or, if no curb or sidewalk exist, 23 then the cleanout must be located outside of the lot line. The cleanout riser shall be of materials 24 specified by the city engineer, shall be the same size as the drain it serves, shall be connected to 25 the building drain by a wye, shall be brought up to the level of the ground, and shall be 26 terminated at the top with a cleanout fitting as specified by the city engineer. If the riser 27 terminates at concrete sidewalk a cast iron sidewalk box with loose cover fitting with brass 28 screws shall be installed. The minimum size for a cleanout riser shall be four inch trade size 22 I pipe. 2 3 18.12.100 Section 807.2 amended-Condensate Wastewater Disposal. 4 Section 807.2 is amended to read as follows: 5 807.2 Condensate from air cooling coils and comfort cooling equipment not intended to be used 6 for the storage or handling of food or drink shall be collected and discharged to a storm sewer or 7 other point of disposal approved by the building official. 8 Termination of such drains shall be made by an air break. Condensate drain lines in sizes 9 of one and one-quarter inch and larger shall be assembled using approved drainage pipe and 10 fittings. 11 Condensate waste water shall not drain over or upon a sidewalk, pedestrian ramp or the 12 like, or a public way. 13 14 18.12.110 Section 812.1 added-Disposal of Rainwater Drainage. 15 Subsection 812.1 is added to read as follows: 16 812.1 Rainwater from roof or other approved areas exposed to rainwater may be drained into 17 the storm drainage system,but shall not drain into any sewer intended for sanitary sewage. 18 19 18.12.115 Section 812.2 added-Rainwater Drainage to Paved Gutter. 20 Subsection 812.2 is added to read as follows: 21 812.2 Rainwater from roofs and other approved areas exposed to rainwater may drain into a 22 public street gutter, provided that such gutter is paved and runs to a catch basin connected to a 23 public storm drain, and provided further that such drainage has the approval of the city engineer 24 or other public authority having jurisdiction over public streets or public storm drains. 25 26 18.12.120 Section 812.3 added-Rainwater Drainage Across Public Sidewalk Prohibited. 27 Subsection 812.3 is added to read as follows: 28 812.3 No rainwater from roofs, or other rainwater drainage of premises, shall discharge upon a 23 I public sidewalk. When it is desired to conduct rainwater from a building or premises to a public 2 street gutter,the outside underground drainage piping shall be vitrified clay pipe, ABS, PVC, 3 galvanized wrought iron pipe, galvanized steel pipe, approved concrete pipe, asbestos cement 4 sewer pipe, cast iron pipe or other materials approved by the building official. When clay pipe, 5 ABS, PVC, asbestos cement sewer pipe or approved concrete pipe is used, such pipe shall be a 6 minimum of two feet horizontally from the building and one foot below the official grade. Water 7 leaders connected to such background drainage pipe which are on the outside of the building wall 8 that abuts on a public thoroughfare, shall be constructed of galvanized wrought iron pipe, 9 galvanized steel pipe, or cast iron pipe for a distance of not less than five feet vertically above the 10 Official grade. See Section 18.08.0100) for exception for such drainage in R-1 districts. 11 12 18.12.125 Section 812.4 added-Elimination of Nonconforming Rainwater Drainage 13 Required. 14 Subsection 812.4 is added to read as follows: 15 812.4 Every existing system that allows the drainage of rainwater into a sanitary sewer in 16 violation of the provisions of this chapter shall be altered or terminated or replaced so as to 17 conform to the provisions of this chapter. 18 19 Section 9. Chapter 18.16 is amended in its entirety to read as follows: 20 Chapter 18.16 21 ELECTRICAL CODE 22 18.16.010 Adoption of 2007 California Electrical Code. 18.16.020 Section 230-70(A) amended-Main switch accessible from exterior. 23 18.16.030 Exterior lighting restricted. 24 18.16.010 Adoption of California Electrical Code. 25 The rules,regulations and standards printed in one volume and published by the National 26 Fire Protection Association(NFPA)under the title "2005 National Electrical Code"with 27 amendments as contained in the "2007 California Electrical Code", including the appendices, are 28 adopted as and for the rules, regulations and standards within this city as to matters therein 24 I contained except as provided in this chapter. The mandatory requirements of the appendices to 2 the code shall be enforceable to the same extent as if contained in the body of the code. 3 4 18.16.020 Section 230.70(A) (1) amended-Main switch accessible from exterior. 5 Section 230.70 (A) (1) is amended to read as follows: 6 230.70(A) (1) Main Switch Location. The main switch location shall be accessible from the 7 exterior of a building. If, due to structural or architectural conditions, it is not possible to make 8 the main switch accessible from the building exterior a shunt trip disconnecting all active 9 electrical conductors shall be installed at an accessible exterior location. 10 11 18.16.030 Article 41011. Luminaire (Fixture) Locations 12 Section 410.4 Luminaires in Specific Locations is amended by adding a new subsection 13 as follows: 14 410.4 Exterior lighting restricted. 15 1. Exterior lighting on all residential and commercial properties shall be designed and 16 located so that the cone of light and/or glare from the lighting element is kept entirely on 17 the property or below the top of any fence, edge or wall. 18 2. On all residential properties exterior lighting outlets and fixtures shall not be located 19 more than nine (9) feet above adjacent grade or required landing;walls or portions of 20 walls shall not be floodlit; only shielded light fixtures which focus light downward shall 21 be allowed, except for illuminated street numbers required by the fire department. 22 3. Variances to the provisions of this section may be approved by the planning 23 commission,pursuant to the provisions of Chapter 25.16 of this code, except that notice 24 of the application for the variance shall only be given to property owners within fifty feet. 25 4. This section shall not apply to signs having an approved permit for an illuminated sign 26 pursuant to Title 22 of this code. 27 28 Section 10. An application for a building permit received after December 31, 2007 must 25 I comply with this ordinance unless specific land use provisions for the project were approved by 2 the City of Burlingame before January 1, 2008. If the Planning Commission has approved the 3 project, the building permit application for that project may use the provisions found in the 2001 4 California Building Codes including all amendments as adopted in Ordinance 1694. 5 6 Section 11. This ordinance shall be published as required by law, and shall be effective 7 on January 1, 2008, or when the ordinance is filed with the California Building Standards 8 Commission, whichever occurs later. 9 10 Mayor 11 12 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the 13 foregoing ordinance was introduced at a regular meeting of the City Council held on the 14 day of , 2007, and adopted thereafter at a regular meeting of the City 15 Council held on the day of , 2007 by the following vote: 16 AYES: COUNCILMEMBERS: 17 NOES: COUNCILMEMBERS: NONE 18 ABSENT: COUNCILMEMBERS: NONE 19 20 City Clerk 21 22 23 24 25 26 27 28 26 CITY 0 STAFF REPORT BURLINGAME AGENDA ITEM# 8b do°9q 90 MTG. DATE October 15,2007 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY DATE: September 24,2007 APPROVED FROM: Central County Fire Department BY SUBJECT: REVISION TO BURLINGAME MUNICIPAL CODE §17 4 INTRODUCTION It is recommended that the City Council adopt revisions and amendments to Section 17.04 of the Burlingame Municipal Codes. A. Request City Clerk to read title of the proposed amended ordinance. B. Waive further reading of the ordinance. C. Introduce the proposed ordinance. D. Direct the city clerk to publish a summary of the ordinance at least five days before proposed adoption. Public Hearing: A. Adopt proposed ordinance with an effective date of January 2°a, 2008 B. Direct city clerk to publish a summary of the ordinance within 15 days of adoption. RECOMMENDATION: Make a formal recommendation to the City of Burlingame and to the Town of Hillsborough to modify the following: Burlingame Municipal Code 17.04.010 Repeal all existing language and adopt the building standards contained in the 2007 California Fire Code (International Fire Code, 2006 Edition as amended by the State of California), and the non-building standards known as the International Fire Code, 2006 Edition together with all Appendices. BACKGROUND: For the first time in nearly ten years, California will have a complete set of building codes based on the latest national and international model building codes,making use of the most current technologies and methods of construction. On January 29, 2007 the California Building Standards Commission(CBSC) adopted the above referenced codes as the California Building Standards Code to be contained in Title 24 California Code of Regulations. These codes will become effective for enforcement 180 days after publication. The CBSC in cooperation with the publisher expects publication date to be approximately July 1St, 2007 with an expected enforcement date of January 2'd, 2008. Central County Fire Department shall be the enforcing authority having jurisdiction and as such coordination for adoption with Town of Hillsborough will be made to ensure each adoption is completed in order to match each jurisdictions effective date of enforcement with that of the State of California's January 3rd, 2008 enforcement date. Existing ordinances were researched and justified for continued enforcement. Some local ordinances have been codified by the newly adopted codes and/or minimum state regulations. The Central County Fire Department worked regionally with the cities of San Mateo, Millbrae, San Bruno and the San Mateo County Fire Department to develop a single set of local ordinances which would streamline construction processes, provide consistency to ordinances intended to complement emergency response tactical needs, as well as promote economic development. Our group has worked cooperatively to review all regional ordinances currently in existence and verifying that they are in the best interests of our communities and based upon climatic, geological or topographical conditions consistent with California State Law. ATTACHMENTS: 1. Comparison of the 2000 Uniform Fire Code with the 2006 International Fire Code. 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 17 OF THE BURLINGAME MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2007 3 CALIFORNIA FIRE CODE (TITLE 24, PART 9, CFC)AND THE 2006 EDITION OF THE INTERNATIONAL FIRE CODE 4 5 The City Council of the City of Burlingame ordains as follows: 6 7 Section 1. The City of Burlingame is located between the Santa Cruz Mountains foothills 8 and San Francisco Bay,with a number of substantial creeks flowing through highly developed 9 residential and industrial areas. It is surrounded by large areas of open space maintained in 10 natural condition, as well as having a significant natural canyon in the center of the residential 11 area. The City normally receives no measurable precipitation between May and October , and it 12 can often extend into late October or early November. During this period, average temperatures 13 range between 70° F and 90°F, and strong winds come down the foothills. These conditions 14 eliminate most of the moisture in the natural vegetation and heavily wooded hillsides. The area 15 also suffers periodic droughts that extend the dry periods to other months of the year. In 16 addition, many wood roofs over wood construction predominate the residential areas. The City 17 is directly east of the San Andreas Fault, and much of the highly developed part of the City is 18 located along the front of the Bay, some on fill. The foothill areas have a variety of soil 19 formations with steep canyons and heavy precipitation. Fires in the community could quickly 20 spread because of the extensive, natural vegetation throughout the City. The City has a number 21 of highly developed commercial areas with older buildings, and an industrial area that is filled 22 with mixed uses utilizing various materials that could be highly hazardous. In addition, heavily 23 traveled approach and departure routes for San Francisco International Airport are immediately 24 adjacent or over the City. Much of the residential areas that are immediately adjacent to 25 woodland and canyon are served by narrow one- or two-lane roads with confused access caused 26 by the steepness of the terrain. Access by fire suppression equipment is extremely limited by 27 both topography and improved access. It is only through strong building standards and effective 28 fire prevention and containment programs that citizens will receive the protection they deserve, 1 I and that citizens will be able to obtain reasonably priced insurance for their homes and 2 businesses. In seeking to attain these goals, the fire prevention standards in Title 17 are adopted. 3 4 Section 2. In addition, in order to provide appropriate, clear information to applicants for 5 construction approvals, Section 17.04.020 is adopted to conform Title 17 to Title 18 and the 6 Zoning Code requirements established in the Municipal Code. 7 8 Section 3. The City operates its own sanitary sewer system and water quality control 9 plant and is subject to State and Federal laws regarding both point and non-point discharges. 10 Section 17.04.030 is adopted to ensure responsibility for hazardous materials and to clarify 11 liability to assist the City in meeting its responsibilities regarding those laws as well as protecting 12 the public safety and welfare. 13 14 Section 4. Chapter 17.04 is amended to read as follows: 15 Chapter 17.04 16 INTERNATIONAL FIRE CODE 17 17.04.010 Adoption of the California Fire Code and International Fire Code. 17.04.020 Amendments to the California Fire Code and International Fire Code. 18 17.04.030 Deposits of hazardous materials--Cleanup or abatement--Liability for costs. 17.04.040 Appeal and review. 19 20 17.04.010 Adoption of text of the California Fire Code and the International Fire Code. 21 There is adopted by the city for the purpose of prescribing regulations governing 22 conditions hazardous to life and property from fire or explosion,that certain code which contains 23 building standards known as the 2007 California Fire Code (International Fire Code, 2006 24 Edition as amended by the State of California), and the non-building standards known as the 25 International Fire Code, 2006 Edition, together with all appendices and the State of California 26 amendments thereto, save and except such portions as are in this chapter deleted, modified, or 27 amended. 28 2 1 17.04.020 Amendments to the California Fire Code and International Fire Code 2 The California Fire Code and the International Fire Code are amended or modified as 3 follows: 4 (a) Appendix Chapter 1, Section 105.3.3, IFC is amended and 105.4.1.1 is added -- 5 Certificates of occupancy and plan review. 6 Section 105.3.3 is deleted in its entirety and replaced with the following: 7 Section 105.3.3.No final inspection by the Building Official as to all or any portion of a 8 development shall be deemed complete, and no certificate of occupancy or temporary 9 certificate of occupancy shall be issued unless and until the installation of the prescribed 10 fire protection facilities and access ways have been completed and approved by the Fire 11 Chief. 12 Section 105.4.1.1 is added to read as follows: 13 Section 105.4.1.1. When required by the fire code official,plans submitted to the 14 Building Official for a permit shall be reviewed by the Fire Chief to determine 15 compliance with the California Fire Code and the International Fire Code. Upon review a 16 written report shall be returned to the Building Official listing deficiencies or compliance 17 with the Code." 18 (b) Appendix Chapter 1, Section 105.8, IFC added-- Fees. 19 Section 105.8, IFC is added to this code and shall read as follows: 20 Section 105.8. Fees and Special Requirements 21 a. The fees for the permits and other services shall be as established by resolution of 22 the Burlingame City Council as amended from time to time. The fee shall be set 23 to cover the cost of the Fire Department to review and inspect the intended 24 activities, operations or functions. The fees must be paid to the City of 25 Burlingame prior to engaging in the listed activities, operations or functions. 26 EXCEPTION: (1) The applicant for a given permit shall be exempt from the 27 payment when the work to be conducted is for the City of Burlingame under 28 written contract to the City or for events sponsored or co-sponsored by the City. 3 I b. In the case of multiple permits for an applicant, the permit applicant will be 2 charged the single highest listed rate of all the permits required. The other 3 permitable items will be charged at a rate of 50% of the listed fee as long as the 4 permits are for the same address. 5 C. Where processes or materials are inherent with a permitable item, subsequent fees 6 may be waived at the discretion of fire chief. 7 d. All fire permits and fire construction permits shall have a set number of 8 inspections per permit as set forth by the Burlingame Fee Schedule. Additional 9 inspections and additional re-inspections will be billed at an hourly rate consistent 10 with the Burlingame Fee Schedule. 11 e. Application for "event" type permits (i.e.: Assembly, Pyrotechnic, Tents, etc.) 12 shall be submitted 14 days prior to the event date. Applications submitted within 13 13 days prior to the event date shall be charged one and one-half the regular 14 permit rate as established by the Burlingame Fee Schedule. 15 f. "After Hours" inspections shall be invoiced at a rate of one and one-half time the 16 normal hourly rate. "After Hours" inspections will be billed at a rate of three 17 hours minimum. "After Hours" inspections are defined as follows: Inspections 18 conducted outside of normal business hours for the Fire Prevention Division. 19 g. Any person, group, organization, institution or business failing to pay the 20 applicable fees under this Article shall after 30 days of the due date, for either 21 existing or new permit applicants, shall be issued a citation for non-payment of 22 the required permit fee. The penalty for all permit payments delinquent after 30 Z3 days shall be a doubling of the original fee." 24 (c) Appendix A, IFC is modified -- Board of Appeals. 25 Section Al 01.2, IFC is deleted in its entirety and replaced with the following: 26 Section A101.2. The Board of Appeals is identified as the Central County Fire 27 Department Joint Powers Authority Fire Board. 28 Section A101.3, IFC is deleted in its entirety and replaced with the following: 4 I Section A101.3. Applications for appeal specific to 'Request for alternate means of 2 protection" within state regulated occupancies shall utilize the process identified in 3 Section 111.2.5 in Chapter 1 of this Code. 4 Section A101.5, IFC is modified as follows: 5 Section A101.5. Secretary of board. The Central County Fire Department Joint Powers 6 Authority Board Secretary shall act as secretary of the board and shall keep a detailed 7 record of all its proceedings, which shall set forth the reasons for its decisions, the vote of 8 each member, the absence of a member and any failure of a member to vote. 9 (d) Section 302, IFC -Definitions. 10 Section 302, IFC is amended by adding the following definition: 11 Fireworks. Any composition or device for the purpose of producing a visible or audible 12 effect for entertainment purposes by combustion, deflagration, detonation or any 13 fireworks including "safe and sane" as defined by section 12529 of the State of California 14 Health and Safety Code. 15 (e) Sections 315, IFC - Miscellaneous Combustible Materials Storage. 16 Section 315.1, IFC is amended by adding the following exception to read as follows: 17 Section 315.1 General. Storage, use and handling of miscellaneous combustible materials 18 shall be in accordance with this section. A permit shall be obtained in accordance with 19 Section 105.6. 20 Exception: 21 Storage of combustible materials other than motorized vehicles or vessels shall not be 22 permitted in a public parking garage or in a garage or carport serving a Group R, Division 23 1 Occupancy, unless the method of storage is approved by the Fire Code Official. 24 (f) Section 316, IFC - Fireworks 25 Sections 316 through 316.2, IFC are added to read as follows: 26 Sections 316 - Fireworks Displays 27 Section 316.1 General. The manufacture, storage, sale, possession, handle or use of all 28 fireworks as defined in Section 302 is prohibited. 5 I Section 316.2 Seizure. The Chief shall seize, remove or cause to be removed at the 2 expense of the owner all stocks of fireworks offered or exposed for sale, stored or held in 3 violation of this code. 4 (g) Section 503.3, IFC - Marking. 5 Section 503.3, IFC is amended by adding section 503.3.1 to read as follows: 6 Section 503.3.1 Fire Lane Designation. Designation of fire lanes shall be by one of the 7 following means: 8 1. By a white sign measuring at least 12 inches by 18 (12" x 18") inches posted 9 immediately adjacent thereto and clearly visible. It should clearly state, in red 10 letters not less than one inch (1") in height, that the space is a fire lane and parking 11 is prohibited. 12 2. By outlining and hash marking the area in contrasting colors clearly marking it 13 with the words "Fire Lane -No Parking." 14 3. By identifying the space with a red curb upon which the words "Fire Lane -No 15 Parking" are stenciled every 15 feet. 16 a. Both sides of fire lanes shall be red curbed when the fire lane is twenty 17 (20)to twenty-eight (28) feet in width. 18 b. At least one side of a fire lane shall be red curbed and stenciled when the 19 fire lane is over twenty eight (28) and up to thirty-six (36) feet in width. 20 C. Curbs need not be painted red nor stenciled when the fire lane is more than 21 thirty-six (36) feet in width. 22 (h) Sections 505.1 through 505.1.2, IFC - Premises identification. 23 Section 505.1 is deleted in its entirety and replaced to read as follows: 24 Section 505.1 Address numbers. New and existing buildings shall have approved address 25 numbers, building numbers or approved building identification placed in a position that is 26 plainly legible and visible from the street or road fronting the property. These numbers 27 shall contrast with their background. Address numbers shall be Arabic numerals or 28 alphabet letters. Said numbers shall be either internally or externally illuminated in all 6 1 new construction. Numbers shall be as follows: 2 1. Minimum of one-half-inch(%z") stroke by two and one-half inches (2-1/2?)high. 3 2. When the structure is thirty-six (36)to fifty(50) feet from the street or fire 4 apparatus access, a minimum of one-half-inch ('/z") stroke by six inches (6?)high 5 is required. 6 3. When the structure is more than fifty(50) feet from the street or fire apparatus 7 access, a minimum of one-half-inch(%2") strike by nine inches (9?)high is 8 required. 9 Sections 505.1.1 and 505.1.2, IFC are added to read as follows: 10 Section 505.1.1 Multi-Tenant Buildings. Numbers or letters shall be designated on all 11 occupancies within a building. Size shall be one-quarter-inch (1/4") stroke by two inches 12 (2") high and on a contrasting background. Directional address numbers or letters shall be 13 provided. Said addresses or numbers shall be posted at a height no greater than 5 feet, 6 14 inches (5' 6") above the finished floor and shall be either internally or externally 15 illuminated in all new construction. 16 Section 505.1.2 Rear Addressing. When required by the chief, approved numbers or 17 addresses shall be placed on all new and existing buildings in such a position as to be 18 plainly visible and legible from the fire apparatus road at the back of a property or where 19 rear parking lots or alleys provide and acceptable vehicular access. Number stroke and 20 size shall comply with 505.1. 21 Sections 506.1 through 506.2.1, IFC -Key Boxes. 22 Section 506.1 is deleted in its entirety and replaced to read as follows: 23 Section 506.1 Where Required. Where access to or within a structure or an area is 24 restricted because of secured openings or where immediate access is necessary for 25 life-saving or fire-fighting purposes, the fire code official is authorized to require a key 26 box to be installed in an approved location. The key box shall be of an approved type and 27 shall contain contents as established in Section 506.1.1.1. 28 7 I Sections 506.1.1.1 and 506.1.1.2, IFC are added to read as follows: 2 Section 506.1.1.1 Key box contents requirements. The key provided shall be a master key 3 to all spaces including multi-tenant spaces. Additional keys shall be included for elevator 4 control, fire alarm control panels, and fire sprinkler control valve access. In addition, 5 when required by the Chief, a current copy of the Hazardous Materials Inventory 6 Statement(HMIS) shall be kept within the key box. 7 EXCEPTION: 8 Multi-tenant spaces which provide a key box for each tenant and installed per 9 Section 506.1. Electronic card keys and codes may not be utilized as a substitute 10 for manual keys. 11 EXCEPTION: 12 When electronic locks release upon loss of electrical power a manual key need not 13 be provided. 14 Section 506.1.1.2 Installation Location. When key boxes are required by the Chief, such 15 boxes shall be mounted at 72 inches above finished floor within five feet of the latching 16 side of the main entrance to a structure or facility. In addition, a decal shall be provided 17 and installed adjacent to the key lock/latching device. 18 Section 506.2.1, IFC is added to read as follows: 19 Section 506.2.1 Hazardous Materials Inventory Statements (HMIS). The operator of the 20 building shall update and maintain HMIS as required by the Fire Code Official. 21 (i) Sections 510, IFC -Fire Department Access to Equipment 22 Section 510.1.1, IFC is added to read as follows: 23 Section 510.1.1. Utility Identification. In multi-unit commercial and residential 24 buildings, gas and electric meters, service switches and shut off valves shall be clearly 25 and legible marked to identify the unit or space that it serves. 26 0) Sections 511, IFC - Communications. 27 Sections 511 and 511.1, IFC are added to read as follows: 28 Section 511 - Communications 8 I Section 511.1 Requirements. All existing high-rise buildings shall provide a location on 2 the building for installation of a repeater/receiver antenna and supporting equipment for 3 City communications whenever a permit is secured to replace, modify, or upgrade any of 4 the building's basic infrastructure utilities. An electrical supply source shall be provided 5 by building owner or operator at the antenna/equipment location, and reasonable access 6 shall be provided by the building owner or operator to City staff and/or city contractors 7 for installation of necessary telephone lines and for purposes of installation, maintenance, 8 adjustment and repair of the antenna/equipment. This access and location agreement shall 9 be recorded in terms that convey the intent and meaning of this condition in a form 10 approved by the City Attorney. 11 (k) Sections 603, CFC -Fuel-Fired Appliances 12 Section 603.6.6, CFC is added to read as follows: 13 Section 603.6.6 Spark arrestors. Every chimney shall have a spark arrestor, either 14 internally or externally mounted. Any spark arrestor to be mounted internally shall not be 15 installed until installation plans for such arrestor have been submitted to and approved by 16 the building department. All chimneys as described in section 603.6 shall be retroactively 17 protected when one or more of the following conditions exist: 18 1. Upon the sale or transfer of the real property on which any chimney is located. 19 a. The transfer of title shall not be made until each such chimney contains the 20 required spark arrestor, properly installed and in proper working order, and 21 until an inspection report has been filed with the Fire Code Official 22 certifying that the work and/or inspection has been performed. 23 2. In the event of any construction on such property for which a building permit is 24 required. 25 a. The final building permit sign off shall not be made until each such 26 chimney contains the required spark arrestor,properly installed and in 27 proper working order, and until an inspection report has been filed with 28 the Fire Code Official certifying that the work and/or inspection has been 9 1 performed. 2 Section 607, CFC - Elevators 3 Section 607.4, CFC is added to read as follows: 4 Section 607.4. Shunt trip. Where elevator hoistways or elevator machine rooms 5 containing elevator control equipment are protected with automatic sprinklers, a means 6 installed in accordance with NFPA 72, Section 3-9.4, Elevator Shutdown, shall be 7 provided to disconnect automatically the main line power supply to the affected elevator 8 prior to the application of water. This means shall not be self-resetting. The activation of 9 sprinklers outside the hoistway or machine room shall not disconnect the main line power 10 supply. The shunt trip shall not be required when the provisions of Section 903.3.1.1.1, 11 Item #5 have been complied with. 12 (m) Section 903.1.2, CFC added -Existing Building and Structures. 13 Section 903.1.2 is amended to read as follows: 14 Section 903.1.2, CFC Existing Buildings and Structures. All existing buildings and 15 structures shall be retroactively protected by an approved automatic extinguishing system 16 when buildings with a total building floor area in excess of 2,000 square feet, or more 17 than two stories in height when additions or alterations for which a building permit is 18 required will exceed 1,200 square feet in area. 19 Exceptions: 1. Additions or alterations for which the value of a building permit 20 for construction does not exceed 20% of the building's replacement cost as 21 defined by the Building Valuation Data(BVD) " in the most recent edition of the 22 Building Safety Journal ® as published by the International Code Council (ICC). 23 2. Residential one- and two-family dwellings. 24 3. The cost of additions and alterations used in calculating the replacement cost 25 value formula shall be exclusive of the cost to design and install an automatic fire 26 sprinkler extinguishing system pursuant to this section; building roof 27 repair/replacement; building heating and/or cooling unit repair/replacement; and 28 any other federal, state and local construction code upgrade requirements 10 I including but not limited to the seismic retrofit requirements, asbestos, and other 2 hazardous material abatement. 3 (n) Section 903.1.3, CFC The following provisions apply to all sprinklered buildings: 4 Section 903.1.3, CFC is added to read as follows: 5 Section 903.1.3 6 1. The size or cost of additions and alterations used in calculating the size or 7 replacement cost value formula shall not be cumulative with regard to individual 8 additions or alterations in a building unless either of the following two 9 circumstances apply: 10 a. Where more than one (1) addition or alteration for which building permits 11 are required are made within a two (2) year period and said additions or 12 alterations are made to the premises of the same occupant. In such 13 circumstances, the sum of the size or costs of these additions or alterations 14 during this two (2) year period shall be aggregated for the purpose of 15 calculating the size or replacement cost value formula; or 16 b. Where more than one (1) addition or alteration for which building permits 17 have been issued have not yet received final Building Division approval. 18 In such circumstances, the sum of these issued but not yet finalized 19 building additions' or alterations' sizes or construction costs shall be 20 aggregated for the purpose of calculation of the size or replacement cost 21 value formula. 22 2. When a building is partially retrofitted with an approved automatic sprinkler fire 23 extinguishing system pursuant to this section, the building owner shall complete 24 the fire extinguishing system retrofit throughout the unprotected building interior 25 areas within six (6) years of completing the initial partial retrofit or within every 26 tenant space where a building permit is obtained,whichever is less. 27 (o) Section 903.1.4, CFC -Additions and Alterations. 28 Section 903.1.4, CFC is added to read as follows: 11 I Section 903.1.4 Additions and Alterations. The standard for determining the size of 2 addition and/or alteration for determining the threshold for fire sprinkler systems shall be 3 determined by the following: 4 1. The square footage of every room being added or altered shall be included in the 5 calculation of total square footage of addition or alteration. 6 2. The entire square footage of an individual room shall be considered added or 7 altered when at least fifty percent (50%) or greater of the linear length of interior 8 wall sheeting or ceiling of any one wall within the room is new, removed, or 9 replaced. 10 3. The entire square footage of an individual room shall be considered added or 11 altered when at least fifty percent (50%) or greater of the linear length of concrete, 12 brick or masonry walls of any one wall within the room is new, removed, or 13 replaced. 14 (p) Section 903.2.7, CFC amended - Sprinklers Group R Occupancies 15 Section 903.2.7 Exception#1 is deleted in its entirety: 16 1. Detached one- and two-family dwellings and multiple single-family dwellings 17 (town houses) not more than tree stories above grade plane in height with a 18 separate means of egress, unless specifically required by other sections of this 19 code or classified as Group R-4. 20 (q) Section 903.2.7.1, CFC added- Existing Group R Occupancies. 21 Section 903.2.7.1, CFC is added to read as follows: 22 Section 903.2.7.1 Existing Group R Occupancies. All existing residential one- and 23 two-family dwellings and structures shall be retroactively protected by an approved 24 automatic extinguishing system when buildings with a total building floor area in excess 25 of 2,000 square feet, or more than two stories in height, or when additions or alterations 26 for which a building permit is required will exceed 750 square feet in area. 27 Exceptions: 28 1. Additions or alterations for which the value of a building permit for 12 1 construction does not exceed 20% of the building's replacement cost as 2 defined by the Building Valuation Data(BVD) " in the most recent edition 3 of the Building Safety Journal ® as published by the International Code 4 Council (ICC). 5 2. The cost of additions and alterations used in calculating the replacement 6 cost value formula shall be exclusive of the cost to design and install an 7 automatic fire sprinkler extinguishing system pursuant to this section; 8 building roof repair/replacement; building heating and/or cooling unit 9 repair/replacement; and any other federal, state and local construction code 10 upgrade requirements including but not limited to the seismic retrofit 11 requirements, asbestos, and other hazardous material abatement. 12 The following provisions shall apply to all sprinklered residential buildings: 13 a. In the event that a building is partially retrofitted with an approved automatic 14 sprinkler fire extinguishing system pursuant to this section, the building fire 15 extinguishing system retrofit shall be completed throughout the unprotected 16 building interior areas within two (2) years from completing the initial partial 17 retrofit. 18 b. The size or cost of additions and alterations used in calculating the replacement 19 cost value formula shall not be cumulative with regard to individual additions or 20 alterations in a building unless either of the following two circumstances apply: 21 i. Where more than one (1) addition or alteration for which building permits 22 are required are made within a two (2) year period and said additions or 23 alterations are made to the premises of the same occupant. In such 24 circumstances, the sum of the sizes or costs of these additions or 25 alterations during this two (2) year period shall be aggregated for the 26 purpose of calculating the size or replacement cost value formula; or 27 ii. Where more than one (1) addition or alteration for which building permits 28 have been issued have not yet received final Building Division approval. 13 I In such circumstances, the sum of these issued but not yet finalized 2 building additions' or alterations' sizes or construction costs' shall be 3 aggregated for the purpose of calculation of the size or replacement cost 4 value formula. 5 (r) Section 903.3.1.1.1, CFC amended - Exempt Locations. 6 Section 903.3.1.1.1, CFC is amended by adding the following exception: 7 Section 903.3.1.1.1 Exempt Locations. 8 5. At the top of elevator hoistways and elevator machine rooms enclosed by 9 fire barriers as required by the building code. 10 (s) Section 903.3.1.4, CFC added- Inspector's Test. 11 Section 903.3.1.4, CFC is added to read as follows: 12 Section 903.3.1.4 Inspectors Test Valves. Inspector Test Valves shall be provided for 13 each system and located the furthest point away from the sprinkler riser. 14 (t) Section 903.3.1.5, CFC added - Additional Residential Sprinkler Locations. 15 Section 903.3.1.5, CFC is added to read as follows: 16 Section 903.3.1.5 Additional Residential Sprinkler Locations. The installation of a 17 residential fire sprinkler system shall conform to the following: 18 1. Sprinklers shall be required in all restrooms,bathrooms, powder rooms, and toilet 19 rooms regardless of their size. 20 2. Sprinklers shall be required throughout carports and garages. 21 Exception: Detached carports and garages less than 2,000 square feet in area and 22 separated from residential buildings complying with Section 503.1.2 of the 23 building code and assuming a property line between all other structures. 24 3. Sprinkler coverage shall be provided in the following locations: 25 a. Attics adjacent to storage,mechanical equipment, electrical equipment and 26 attic access openings. 27 b. Attics and crawl spaces containing mechanical and/or electrical 28 equipment. 14 I (u) Sections 2703.6, IFC - Signs 2 Sections 2703.6.1, IFC is added to read as follows: 3 2703.6.1 Requirements. Two NFPA 704 diamonds shall be placed on buildings so that 4 they are clearly visible from at least two directions of travel. 5 1. The signs shall be at least fifteen inches by fifteen inches (15" x 15"). The signs 6 shall not be placed on windows. 7 2. When NFPA 704 diamonds are required for the interior doors, the signs shall be 8 applied to the doors at a level no higher than the doorknob. The signs for the 9 interior doors shall be at least six inches by six inches (6"x 6"). 10 3. The Fire Code Official may require fewer or more NFPA diamonds if the building 11 configuration or size makes it reasonably necessary. 12 13 17.04.030 Deposits of hazardous materials--Cleanup or abatement--Liability for costs. 14 (a) The fire department is authorized to clean up or abate the effects of any hazardous 15 material deposited upon or into property or facilities of the city; and any person or persons who 16 intentionally or negligently caused such deposit shall be liable for the payment of all costs 17 incurred by the fire department as a result of such cleanup or abatement activity. The remedy 18 provided by this section shall be in addition to any other remedies provided by law. 19 (b) For the purposes of this section, "hazardous materials" shall be defined as any 20 substances or materials, in a quantity or form which, in the determination of the fire chief or his 21 authorized representative, poses an unreasonable and imminent risk to life,health or safety of 22 persons or property or to the ecological balance of the environment, and shall include, but not be 23 limited to, such substances as explosives,radioactive materials,petroleum or petroleum products 24 or gases; poisons, etiologic (biologic) agents, flammables and corrosives. 25 (c) For purposes of this section, costs incurred by the fire department shall include,but 26 shall not necessarily be limited to, the following: actual labor costs of city personnel, including 27 workers' compensation benefits, fringe benefits, administrative overhead; cost of equipment 28 operation, cost of materials obtained directly by the city; and cost of any contract labor and 15 I materials. 2 (d) The authority to recover costs under this section shall not include actual fire 3 suppression services which are normally or usually provided by the fire department. 4 5 17.04.040 Appeal and review. 6 (a) The chief of the fire department shall be charged with the duty and responsibility of 7 administering the provisions of this chapter. 8 (b) Whenever it is provided herein that certain things shall be done in accordance with the 9 order, opinion or approval of the chief of the fire department, such order, opinion or approval 10 shall be complied with; provided, any person aggrieved thereby, or believing that such order, 11 opinion or approval is erroneous or faulty, may appeal, except as otherwise provided in this 12 chapter, to the city manager in writing within ten (10) days after such order, opinion or approval 13 has been given, and the city manager shall affirm, modify or reverse the same within forty-eight 14 hours thereafter; provided further that, if dissatisfied with the city manager's ruling thereon, that 15 person may appeal to the city council at its next regular meeting thereafter, and the decision of 16 the council shall be final and conclusive. In the meantime, except in the cases of immediate 17 hazard, the order, opinion or approval shall be deemed suspended until such person has 18 exhausted his or her right of appeal as herein provided. 19 20 Section 5. This ordinance shall be published as required by law, and shall be effective 21 on January 1, 2008, or when the ordinance is filed with the Building Standards Commission, 22 whichever occurs later.. 23 24 25 Mayor 26 27 1, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the 28 foregoing ordinance was introduced at a regular meeting of the City Council held on the day 16 I of, 2007, and adopted thereafter at a regular meeting of the City Council held on the 2 day of , 2007, by the following vote: 3 4 AYES: COUNCILMEMBERS: 5 NOES: COUNCILMEMBERS: 6 ABSENT: COUNCILMEMBERS: 7 8 9 City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17 Comparison of the 2000 Uniform Fire Code With the 2006 International Fire Code 000000 INTEREST CONSULTING GROUP Northern California Southern California Interwest Consulting Group InterKest Consulting Group Building and Safety Division Building and Safety Division 8150 Sierra College BL, Suite 100 4113 N Bellflower BL Roseville, CA 95661-9415 Long Beach, CA 90808 Tel. (916) 781-6600 Tel. (562) 420-7905 Contact Bob Stetson at (916) 781-6600 or bstetsonQinterwestm-corn. Introduction For your use. This comparison of the 1997 Uniform Fire Code with the 2006 International Fire Code is provided for your use by Interwest Consulting Group to help clarify and ease the transition from the current UFC-based fire code to the new IFC-based fire code. It is intendedto be a living document that will be revised and expanded as the code is revised. It is also available with the summary in Word format and the comparison in an Excel°spreadsheet format so it can be amended to suit your individual requirements. All that we ask is that you inform us of any errors and omissions that you might find and share any improvements that you make. If you would like to receive updates,please send your email address to bstetson interwestam.corn. Revisions and updates will be emailed directly to you as they become available. We hope that this document will prove to be beneficial in moving us forward to the 2006 International Fire Code. If you have any questions regarding fire department services offered by Interwest or comments, corrections,questions or suggestions regarding this document,please contact Bob Stetson at(916) 781-6600 or bstetson,(a-),interwest= corn. For information regarding other services offered by Interwest Consulting Group,please contact one of our Building and Safety Services. �p �y= INTERWEST C O N S U L T I N G G R 0 U P Summary In comparison to the 1997 Uniform fire Code (UFC), the 2006 International Fire Code (IFC)has the following differences in it presentation: • The IFC is only one volume instead of two. The second volume of the UFC contains the referenced standards. The IFC has incorporated some of the requirements of the standards into the TFC text, but most are left as separate standards for the user to acquire as needed. • IFC Chapters 7, 8, 9 and 10 are numbered to match the corresponding chapters of the International Building Code regulating the same topics (Fire- resistance-rated Construction; Interior Finish, Decorative Materials and Furnishings; Fire Protection Systems and Means of Egress). • Code section preceded by a letter in brackets indicates that changes to the section would not be heard by the TCC Fire Code Development Committee, but the ICC Code Development Committee indicated by the letter in brackets. That is [B] represents the ICC Building Code Development Committee, [EB] represents the ICC Existing Building Code Development Committee, [M] represents the ICC Mechanical Code Development Committee, and [P] represents the ICC Plumbing Code Development Committee. UFC Chapter 1 (Administration) with five sections is replaced by IFC Chapter I (Administration) with eleven sections,but it is a mostly a reorganization than completely new provisions. IFC Section 105.6 does not require permits to use a structure as an aircraft hangar for servicing or repairing aircraft, for asbestos-removal operations, use a parade floats or handle or store radioactive materials. However, permits are required for amusement buildings, exhibits and tradeshows, floor finishing, HPM facilities, open flames and torches, rooftop heliports and tire-rebuilding plants. The IFC Section 105.7 requires construction permits for the following categories: automatic fire-extinguishing systems; battery systems with a liquid capacity greater than 50 gallons; compressed gases; fire alarm and detection systems and related equipment; fire pumps and related equipment; flammable and combustible liquids; hazardous materials, industrial ovens; LP-gas; private fire hydrants; spraying or dipping; standpipe systems; and temporary membrane structures, tents and canopies; UFC Chapter 2 (Definitions and Abbreviations) is replaced by IFC Chapter 2 (Definitions). Words not defined in the IFC, but defined in the IBC, IFGC, IMC or IPC shall have the same meaning as defined in those codes. All words, abbreviations or terms defined in the IFC are listed in Section 202; however, if used in only one chapter instead of generally in the IFC, the definition itself will be in the applicable chapter instead of Chapter 2. UFC Chapter 9 (Fire Department Access and Water Supply) is roughly equivalent to IFC Chapter 5 (Fire Service Features). However, IFC Chapter 5 does not include i 3/9/2007 sections equivalent to the UFC for recreational vehicles,mobile homes and manufactured housing. UFC Chapter 10 (Fire-protection Systems and Equipment) has been replaced by greatly expanded Chapter 9 (Fire Protection Systems). IFC Chapter 9 has whole sections for smoke control, smoke and heat vents, explosion control, fire department connections, and fire pumps. UFC Chapter 11 (General Safety Precautions) provisions are typically found in IFC Chapter 3 (General Precaution Against Fire). However, IFC Chapter 3 contains additional sections for Vehicle Impact Protection and Fueled Equipment, such as fuel- powered gardening and cooking equipment. UFC Chapter i I's provisions regarding incinerators, gas meters, heat-producing appliances, and sparks from chimneys are found in IFC Chapter 6 (Building Services and Systems). UFC Chapter l I's provisions regarding the maintenance of fire-resistive construction are found in IFC Chapter 7 (Fire-resistive-rated Construction). UFC Chapter 11's provisions regarding the maintenance of interior walls and ceilings are found in IFC Chapter 8 (Interior Finish, Decorative Materials and Furnishings) which are more specific than those found in the UFC. The UFC Chapter 11 provisions relating to the storage of tires are replaced by the IFC's tire storage provisions in IFC Chapter 25 (Tire Rebuilding and Tire Storage). UFC Chapter 12 (Maintenance of the Means of Egress and Emergency Escapes) is replaced by IPC Chapter 10 (Means of Egress) which is greatly expanded. UFC Chapter 13 (Emergency Procedures)has been replaced by IFC Chapter 4 (Emergency Planning and Preparedness) which is almost three times larger. It also adds a section to empower the fire code official to require a fire watch for places of assembly or other large gatherings. UFC Chapter 24 (Aviation Facilities) has been replaced with IFC Chapter 11 (Aviation Facilities) with minor restructuring. UFC Chapter 25 (Places of Assembly) has been replaced by sections in IFC Chapters 3 (General Precautions Against Fire), 4 (Emergency Planning and Preparedness), 8 (Interior Finish, Decorative Materials and Furnishings), 9 (Fire Protection Systems), 10 (Means of Egress) and 24 (Tents, Canopies and Other Membrane Structures). UFC Chapter 27 (Cellulose Nitrate Plastics (Pyroxylin), Storage and Handling) has been replaced with IFC Chapter 42 (Pyroxylin(Cellulose Nitrate) Plastics) with minor restructuring. UFC Chapter 28 (Storage and Handling of Combustible Fibers) has been replaced with IFC Chapter 29 (Combustible Fibers) with minor restructuring. ii 3/9/2007 UFC Chapters 29 (Repair Garages) and 52 (Motor Vehicle Fuel-dispensing Stations) have been replaced by TFC Chapter 22 (Motor Fuel-Dispensing Facilities and Repair Garages). UFC Chapter 30 (Wood Products)has been replaced with IFC Chapter 19 (Lumber Yards and Woodworking Facilities) with minor restructuring. UFC Chapter 32 (Temporary Membrane Structures, Tents and Canopies)has been replaced by IFC Chapter 24 (Tents, Canopies and Other Membrane Structures). UFC Chapter 33 (Cellulose Nitrate Motion Picture Film)has been replaced by IFC Section 306 (Motion Picture Projection Rooms and Film). Although IFC Section 105.6.5 requires permits for the storage of motion picture film, IFC Section 306 does not reference permits. IFC Section 306 requires the film to be stored in accordance with NFPA 40. The IFC does not specifically regulate automobile wrecking as done by UFC Chapter 34 (Automobile Wrecking Yards). However, sections of IFC Chapters 3, 9, 22, 25, 26, 27, 30 and 34 may apply to automobile wrecking. The IFC does not specifically regulate the operation of covered mall buildings as done by UFC Chapter 35 (Cover Mall Buildings). IFC Section 914.2 specifically addresses fire protection in covered mall buildings. However, other sections of IFC Chapters 3, 8, 9, 10 and 24 may also apply to covered mall buildings. UFC Chapter 36 (Dry Cleaning) has been replaced by IFC Chapter 12 (Dry Cleaning). IFC Chapter 12 classifies dry cleaning plants based upon the classification of the solvent used and whether the plant is accessible to the public. Although similar, there are several differences between the UFC and IFC dry cleaning provisions. UFC Chapter 45 (Application of Flammable Finishes)has been replaced with IFC Chapter 15 (Flammable Finishes) with moderate restructuring and the addition of sections for the indoor manufacturing of reinforced plastics as well as for floor surfacing and finishing operations. UFC Chapter 46 (Fruit-ripening Processes)has been replaced with IFC Chapter 16 (Fruit and Crop Ripening) with minor restructuring and a new section for ethylene generators. UFC Chapter 47 (Fumigation and Thermal Insecticidal Fogging) has been replaced with IFC Chapter 17 (Fumigation and Thermal Insecticidal Fogging) with minor restructuring. UFC Chapter 48 (Magnesium) has been replaced by Section 3606 in IFC Chapter 36 (Flammable Solids). iii 3/9/2007 UFC Chapter 49 (Hot Work) has been replaced by IFC Chapter 26 (Welding and Other Hot Work) with minor restructuring and new sections regulating calcium carbide systems and acetylene generators. UFC Chapter 50 (Manufacture of Organic Coatings)has been replaced with IFC Chapter 20 (Manufacture of Organic Coatings) with minor restructuring. UFC Chapter 51 (Semiconductor Fabrication Facilities) has been replaced with IFC Chapter 18 (Semiconductor Fabrication Facilities) with minor restructuring. UFC 52 (Motor Vehicle Fuel-dispensing Stations) and Chapters 29 (Repair Garages) have been replaced by IFC Chapter 22 (Motor Fuel-Dispensing Facilities and Repair Garages) which has an additional section for hydrogen motor fuel-dispensing and generation facilities. UFC Chapter 61 (Oil-burning Equipment)has been replaced by Section 603 in IFC Chapter 6 (Building Services and Systems). The IFC has the same permit requirements for fuel oil tanks. UFC Chapter 62 (Industrial Baking and Drying Ovens)has been replaced by IFC Chapter 21 (Industrial Ovens). Many of the UFC provisions are not found in the IFC, but the IFC also has many provisions not found in the UFC. For example the IFC classifies ovens or furnaces into depending upon flammability of the vapors and the operating temperature and pressure. However, the UFC is more specific in specifying the required flow rate of the fresh air into the oven. UFC Chapter 63 (Refrigeration)has been replaced by Section 606 in IFC Chapter 6 (Building Services and Systems). The IFC references the IBC which does not require the refrigeration machinery be separated from the remainder of the building if the area with the refrigeration equipment is protected by an automatic fire sprinkler system (IBC Section 508.2.2). UFC Chapter 64 (Stationary Lead-acid Battery Systems) has been replaced by Section 608 in IFC Chapter 6 (Building Services and Systems). The IFC requires a permit to install or construct a battery system,but not for its operation. UFC Chapter 74 (Compressed Gases)has been replaced with IFC Chapter 30 (Compressed Gases) with minor restructuring. UFC Chapter 75 (Cryogenic Fluids)has been replaced with IFC Chapter 32 (Cryogenic Fluids) with minor restructuring. UFC Chapter 76 (Prevention of Dust Explosions) has been replaced by IFC Chapter 13 (Combustible Dust-producing Operations). Chapter 13 does not specifically address enclosures, separators, dust collection or electrical grounding, but the issues may be covered by the referenced standards. While the UFC addresses explosion control by iv 3/9/2007 requiring compliance with the Building Code,the IFC addresses explosion control by referencing the ICC Electrical Code as well as eight referenced NFPA Standards for specific industries or operations. UFC Chapters 77 (Explosive Materials) and 78 (Fireworks and Pyrotechnics Special Effects Materials)has been replaced by a single IFC Chapter 33 (Explosives and Fireworks). However, IFC Chapter 33 is more than a renumbering of the UFC provisions; it has been reformatted and uses the new United Nations and US Department of Transportation designations. IFC Chapter 33 also has an additional section regulating the indoor storage and display of black powder, smokeless propellants, and small arms ammunition. UFC Chapter 79 (Flammable and Combustible Liquids)has been replaced by IFC Chapter 34 (Flammable and Combustible Liquids). Not all of the UFC provisions for controlling sources of ignition were found in the IFC. Also the UFC provisions for powered industrial truck operations and the maintenance of protected aboveground tanks were not found in the IFC. UFC Chapter 80 (Hazardous Materials) has been replaced by IFC Chapters 27 (Hazardous Materials General Provisions), 31 (Corrosive Materials), 32(Cryogenic Fluids), 33 (Explosives and Fireworks), 35 (Flammable Gases), 36 (Flammable Solids), 37 (Highly Toxic and Toxic Materials), 39 (Organic Peroxides), 40 (Oxidizers), 41 (Pyrophoric Materials), 43 Unstable(Reactive) Materials) and 44 (Water-reactive Solids and Liquids). The UFC provisions for radioactive materials, irritants, sensitizers, and other health hazard were not found in the IFC. UFC Chapter 81 (High-piled Combustible Storage)has been replaced with IFC Chapter 23 (High-piled Combustible Storage)with minor restructuring. UFC Chapter 82 (Liquefied Petroleum Gases) has been replaced with IFC Chapter 38 (Liquefied Petroleum Gases) with minor restructuring. UFC Chapter 84 (Motion Picture Projection)has been replaced by Section 306 in IFC Chapter 3 (General Precaution Against Fire). The UFC provisions for safety film, fire extinguishers in projection rooms, smoking, projection equipment and film storage were not found in the IFC. UFC Chapter 85 (Electrical Equipment and Wiring) has been replaced by Section 605 in IFC Chapter 6 (Building Services and Systems). UFC Chapter 87 (Fire Safety During Construction) has been replaced by IFC Chapter 14 (Fire Safety During Construction and Demolition). IFC Chapter 14 does not contain the UFC for maintaining fire sprinklers systems during demolition or having a suitable fire hose being maintained at demolition sites. Neither does the IFC contain the UFC provisions for regulating asbestos removal during demolition. However, the IFC v 3/9/2007 Chapter 14 does have specific requirements for flammable gases, explosive materials and reporting of fires. UFC Chapter 88 (Aerosol Products) has been replaced with IFC Chapter 28 (Aerosols) with minor restructuring and an additional section for aerosol manufacturing facilities. UFC Chapter 90 (Standards)has been replaced by IFC Chapter 45 (Referenced Standards). The UFC included standards in UFC Volume 2. The IFC does not. IFC Chapter 25 (Tire Rebuilding and Tire Storage) replaces the UFC provisions for the storage of tires, but it also addresses tire rebuilding which is not addressed in the UFC. v3 3/9/2007 2000 Uniform Fire Code Comparison to the 2006 International Fire Code UFC Art. Sect. Topic 20061nternat. Fire Code Comments PART I General 1 Administration Moderate restructuring 101 General 101.1 Title 101.1 101.2 Scope 101.2 101.3 Sub*--'- Not Specifically Regulated by This Code 102.7 101.4 supplemental Rules and Regulations 104.1, 102.8 101.5 Liahilitv 103.4 101.6 Conflirtina Provisions 102.9 101.7 Severabilitv 101.4 101.8 References to Appendix 101.2.1 101.9 Amendments not found 102 Retro A lication to Existing Conditions 102 102.1 lExisting Con102.1 Conditions 103 Ins ection and Enforcement 104, 106 103.1 General 104.1, 104.7.2, 104.9, 108 103.2 Aut ority for Inspection and Enforcement 103.1, 103.2, 103.3 103.3 Ins ection 104.3, 102.3, 106, 111 103.4 Enforcement 104.5, 109, 110 104 Control and--Investigation of Emer encies 104.1 Authori at Fires and Other Emergencies 104.11 104.2 Investigations 104.1 104.3 Records and Reports 104.6 105 Permits 105.1 105.1 Sco e 105.2 Conditions and Permits 105.3 105.3 A lication for Permit 105.2 105.4 Ins ection Re wired 105.2.2 Interwest Consulting Group 3/9/2007 Page 1 Art. Sect. Topic 2006 Internat. Fire Code Comments 105.5 Retention of Permits 105.3.5 105.6 Permit for Same Location 105.1.3 105.7 Revocation of Permits 105.5 105.8 Permit Required 105.6 a.1 Aerosol products 105.6.1 a.2 Aircraft refueling vehicle 105.6.3 Aviation Facilities a.3 Aircraft repair hangar 105.6.3 Aviation Facilities a.4 Asbestos removal not found a.5 Automobile wrecking and not found b.1 Battery system 105.7.2 c.1 Candles & o em flames in assembly areas 105.6.32 c.2 Carnivals and fairs 105.6.4 c.3 Cellulose nitrate film 105.6.5 c.4 Cellulose nitrate storage 105.6.37 c.5 Combustible fiber storage 105.6.7 c.6 Combustible material storage 105.6.29 c.7 Compressed gases 105.6.8 & 105.7.3 C.8 Commecial rubbish-handling equipment 105.6.45 c.9 Cryogens 105.6.10 d.1 Dry cleaning plants 105.6.12 d.2 Dust-producing operations 105.6.6 e.1 Explosives or blasting agents 105.6.14 f.1 Fire hydrants and water-control valves 105.6.15& 105.6.35 f.2 Fireworks 105.6.14 f.3 Flammable or combustible liquids 105.6.16 f.4 Fruit ripening 105.6.18 MMh.. i ation or thermal insecticidal fogging 105.6.19 ardous materials 105.6.20 h- iled combustible stora e 105.6.22 -work o erations105.6.11 & 105.6.23 uified etroleum ases 105.6.27 uid or as-fueled vehicles orequipment in bld s 105.6.26 Interwest Consulting Group 3/9/2007 Page 2 Art. Sect. Topic 2006 Internat. Fire Code Comments 1001.6 Tampering with Fire Protection Equipment, Barriers 901.8 Security Devices Signs and Seals 1001.7 Obstruction and Impairment of Fire Hydrants and Fire 508.5.4 Protection Equipment 1001.8 Marking of Fire Protection Equipment and Fire Hydrants 510 1001.9 S ecial Hazards not found 1001.10 Fire Appliances 901.4.3 1002 Portable Fire Extinguishers 906 1002.1 General 906.1, 906.2 10022 Prohibited Types not found 1002.3 Sale of Defective Fire Extinguishers not found 1003 Fire-extin uishing Systems 903 and 904 1003.1 Installation Requirements.. 903.1, 903.3.7 1003.2 Required Installations 903.2 1003.3 Sprinkler System Monitoring and Alarms 903.4 1003.4 Permissible Sprinkler Omissions not found 1004 Stand i es 905 1004.1 Installation Requirements 905.1, 905.2 1004.2 Required Installations f905.4 5.3 1004.3 Location of Class I Standpipe Hose Connections 1004.4 Location of Class II Stand i e Hose Connections 5.5 1004.5 Locations of Class III Stand i e Hose Connections 5.6 1005 Protection of Commercial Cookinq Operations 904 05.1 en in Hood and Duct Systems 1005.2 904.11 Fire Extin uishin S stem 904.11 1006 Fire Alarm S stems 907, 609- 1006.1 General 907.1 1006.2 Required Installations 907.2 1006.3 General System Design and Installation Requirements 1907.4 thru 907.20 Interwest Consulting Group 3/9(2007 Page 5 Art. Sect. Topic 1 20061nternat. Fire Code Comments 11 General! Safety Precautions Chapter 3 Moderate restructuring 1101 General 301 1101.1 Scope 301.1 1101.2 Definitions 302 1101.3 Permits and Plans 301.2 1102 Incinerators, Open Burning and Commercial BBQ Pits 307, 603.8 BBQ pits not found 1102.1 General not found 1102.2 Incinerators 603.8 1102.3 Oen Burning 307 1102.4 Recreational Fires 307 1102.5 Commercial Barbecue Pits 308.3.1 1103 Combustible Materials 304, 315, 807 1103.1 General 304.1 1103.2 Storage and Accumulation of Rubbish and Vegetation 304.1, 304.2 1103.3 Storage, Use and Handling of Miscellaneous Combustible 315, 807 Materials 1104 Parade Floats not found 1104.1 1 Decorative Material not found 1104.2 IFireProtection not found 1105 Asphalt Kettles 303 1105.1 Transporting 303.1 1105.2 Use 303.2 1105.3 Fire Protection 303.5 1105.4 Covers 303.6 1105.5 Location 303.2 1105.6 lAttendant 303.4 1106 Gas Meters and Piping 603.9 1107 Heat- roducin A liances 603.4, 605.10 1107.1 lGeneral 603.4, 605.10 1107.2 IClothes D ers not found 11081 Powered Industrial Trucks 309 1108.1 lGeneral 309.1 Interwest Consulting Group 3/9/2007 Page 6 Art. Sect. Topic 2006 Internat. Fire Code Comments 1108.2 Battery Chargers 309.2 1108.3 Ventilation 309.3 1108.4 Fire Extinguishers 309.4 11108.5 R efuelling 309.5 1108.6 airs 309.6 1109 Control of Sources of Ignition 305 1109.1 General 1109.2 Clearance from Ignition Sources 305.1 1109.3 Portable Fueled Open-flame Devices 308.5.2 1109.4 Smokin 310 1109.5 BurningObjects 310.7 1109.6 Hot Ashes and S ontaneous I nition Sources 305.2 1109.7 S arks from Chimne s 603.6 1109.8 Requirements for Use of Candles and Other 308.3.2 Open-flame Decorative Devices 1109.9 Flamin Food and Beverage Preparation 308.6 1110 Vacant Buildin s 311 1110.1 General 311.1 1110.2 removal of Combustible and Hazardous Materials 311.3 1110.3 Maintenance of Vacant Buildings and Properties 311.3, 311.2 1111 Maintenance of Fire-resistive Construction 703 1111.1 Fire-resistive Construction 703.1, 703.3 1111.2 Fire Doors, Windows, Dampers and Other Fire 703.2, 703.4, 704 Assemblies for Protection of Openings 1112 Maintenance of Interior Walls and Ceilings 1803, 804 11131 Floor Openings not found 12 Maintenance of Means of Egress and Emergency Escapes Chapter 10 Moderate restructuring 1201 General 1201.1 Scope 1001 1201.2 Definitions 1002 1202 Means of Egress in ExistingBldgs. 1027 Interwest Consulting Group 3/9/2007 Page 7 Art. Sect. Topic 2006 Internat. Fire Code Comments 1202.1 lGeneral 1027 1202.2 4Abatement of Buildings and Structures with not found Inadequate Means of Egress 1203 Means of E ress Obstructions 1028 1204 Aisles 1014.4 1204.1 General 1014.4 1204.2 Aisle Width 1014.4.3.2, 1005.1 1205 Fire Escapes 1027 1206 Emer ency Escapes 1026 1207 Doors 1008, 1015 1207.1 General 1008.1 1207.2 Swing and Open Force 1008.1.2 1207.3 Locking Devices 1008.1.8 1207.4 Panic Hardware 1008.1.9 1207.5 Special E ress-control devices 1008.1.3.4 1207.6 Door Identification 1008.1 1207.7 Additional Doors 1008.1 1208 Gates and Barriers 1008 1208.1 General 1008.2 1208.2 Latch 1008.2 1208.3 Width 1008.2 1208.4 jSwinq1008.2 1209 Corridors 1017 1210 Stairwa s and Rams 1009, 1010, 1023 1210.1 General 1009 1210.2 Barriers 1020.1.5 1210.3 IStorage Under Stairways not found 11210.4 Stairway.,Identification 1020.1.6 1210.5 Enclosures 315.2.2 1210.6 Rams 1010 1211 Means of Egress Illumination 11006 1211.1 General 1006.1 Interwest Consulting Group 3/9/2007 Page 8 Art. Sect. Topic 2006 Internat. Fire Code Comments 1211.2 I.Emergency Power Equipment 1006.3 11 1212 Means of Egress Identification not found 1212.1 General not found 1212.2 Where Required 1011.1 1212.3 Graphics 1011.5.1 1212.4 Illumination 1011.5.2 1212.5 Power Source 1011.5.3 1212.6 Floor-level Exit Signs not found 1212.7 Amusement Buildin Exit-Marking not found 1212.8 not found 1213 Dischar e, Dispersal and Refuge 1024.6 1213.1 General 1024.6 1213.2 Means of Egress Plans not found 1213.3 Special Means of Egress Facilities 1024.6 13 Emergency Procedures Chapter 4 Moderate restructuring 1301 General 401 1.1 1301.1 Scope 40 1301.2 Definitions 4022 1302 Re orcin of Emergencies and False Alarms 401 1302.1 General 401.1 1302.2 Reporting Agencies 401.3, 407.1, 3404.2.7.10 1302.3 False Alarms 401.3.1 1303 Emer enc Plans and Procedures 404 4Q4.1, 405.1, 406.1 1303.1 General 1303.2 Group A Occupancies 408.2 1303.3 'Group E Occupancies 408.1 1303.4 Emergencies Plans 404.3 1303.5 Employee Duties, Assignments and Traveling 406 1303.6 Fire Drills 405 Interwest Consulting Group 3/9/2007 Page 9 Art. Sect. Topic 1 20061nternat. Fire Code Comments 24 Aviation Facilities Chapter 11 Minor restructuring 2401 General 1101 2401.1 Scope 1101.1 2401.2 Definitions 1102.1 2401.3 Permits 1101.3 2401.4 Regulations Not Covered 1101.2 2401.5 Sources of Ignition 1103.1 2401.6 Smoking 1103.2 2401.7 Housek eeping 1103.3 2401.8 Fire Department Access 1103.4 2401.9 Dispensing Flammable and Combustible Liquids 1103.5 2401.10 Combustible Storage 1103.6 2401.11 Hazardous Material Storage 1103.7 2402 Aircraft Maintenance 1104 2402.1 Transferring Flammable and Combustible Liquids 1104.1 2402.2 Application of Flammable and Combustible Liquid Finishes 1104.2 2402.3 Cleaning Parts 1104.3 2402.4 Spills 1104.4 2402.5 Running-Engines 1104.5 2402.6 Oen flame 1104.6 2403 Portable Fire Extinguishers 1105 2403.1 General 1105.1 2403.2 On Towing Vehicles 1105.2 2403.3 On Welding Apparatus 1105.3 2403.4 On Aircraft Fuel-servicing Tank Vehicles 1105.4 2403.5 On Hydrant Fuel-servicing Vehicles 1105.5 2403.6 At Fuel-dispensing Stations 1105.6 2403.7 Fire Extinguisher Access 1105.7 2403.8 _Reporting Use 1105.8 2404 Aircraft F eling 1106 2404.1 lAircraft Motor Vehicle Fuel-dispensing Stations 1106.1 2404.2 jAirport Fuel Systems 1106.2 Interwest Consulting Group 3/9/2007 Page 10 Art. Sect. Topic 2006 Internat. Eire Code Comments 2404.3 Construction of Aircraft Fueling Vehicles and Accessories 1106.3 2404.4 Operation, Maintenance and Use of Aircraft fueling Vehicles 1106.4 2404.5 Fueling and Defuelin 1106.5 2404.6 Emergency Fuel -Shutoff 1106.6 2404.7 Protection of Hoses 1106.7 2404.8 Loading and Unloading 1106.8 2404.9 Passen ers 1106.9 2404.10 Sources of Ignition 1106.10 2404.11 Prevention and Control of Fuel Spills 1106.11 2404.12 Operation of Aircraft Engines and Heaters 1106.12 2404.13 Internal Combustion Engine Equipment around Aircraft 1106.13 other than Aircraft Fuel-servicing Vehicles 2404.14 Electrical Equipment 1106.14 2404.15 Oen Flames on Aircraft Fuel-servicing Rams 1106.15 2404.16 Lightning Precautions 1106.16 2404.17 Aircraft Fuel-servicing Locations 1106.17 2404.18 Defuelin Operations 1106.18 2404.19 Maintenance of Aircraft Fueling Hose 1106.19 2404.20 Parking for Aircraft Fuel-servicinq Vehicles 1106.20 2404.21 Loading of Aircraft Fuel-servicinq Tank Vehicles not found 2404.22 Radar Equipment 1106.21 2405 Helisto s and Heliports 1107 2405.1 General 1107.1 2405.2 Clearance 1107.2 2405.3 Class I and II Liquid Spillage 1107.3 2405.4 Exits 1107.4 2405.5 Standpipe Systems 1107.5 2405.6 Foam Protection 1107.6 2405.7 Fire Extinguishers 1107.7 2405.8 Federal Approval 1107.8 Interwest Consulting Group 3/9/2007 Page 11 Art. Sect. Topic 2006 Internat. Fire Code Comments 25 Places of Assembly Major restructuring 2501 General 2501.1 Scope 2501.2 Definitions 202 2501.3 Permits and Plans 105.6.34, 408.2.1 2501.4 Supervision and Communication System not found 2501.5 Decorative Materials 806.1, 807 2501.6 Pyroxylin-coated Fabrics 807.3 2501.7 Motion Picture Screens not found 2501.8 Exit Doors 1008.1.9, 1008.2.1 2501.9 Aisles 1025.9 2501.10 Seating 1025.10 2501.11 Use of Exit Was 1028 2501.12 Ashtrays 310.6 2501.13 Fire Appliances 906 2501.14 Plan of Exit Ways and Aisles 408.2.1 2501.15 Marking and Lighting of Exits 1006, 1011 2501.16 Maximum Occupant Load 1004.3 2501.17 Candles and Other Open Flame Devices 308.3.7 2501.18 Standby Personnel 403.1 2502 Reviewin Stands, Grandstands, Bleachers... 1025.1.1 2502.1 General 1025.1.1 2502.2 Height of Re-viewinq Stands, Grandstands, Bleachers, and fol 1025.1.1 2503,Securinq of Chairs 1025.12 2503.1 1 Raised Stands 1025.12 2503.2 Ground Seats not found 2504 Outdoor Carnival and Fairs 2403.3 2504.1 General 2504.2 Grounds 2403.8.1 2504.3 Concession Stands 904.11.5, 2404.15.5 2504.4 I Internal Combustion Power Sources 906.1 25051 Liquid and Gas-fueled Vehicles and Equipment 2404.18 Interwest Consulting Group 3/9/2007 Page 12 Art. Sect. Topic 2006 Internat. Fire Code Comments 2505.1 General 2404.18 2505.2 Displays 2404.18.2, 2404.18.3 2505.3 Com etitions and Demonstrations 2404.18.5 27 Cellulose Nitrate Plastics... Chapter 42 Chapter renumbered and Section 4201.1 2704.1 deleted 2701 Scope 2702 Definitions 4202.1 1.2 2703 Permits 4203 2704 Display of Plastics not f 2704.1 General not found 2704.2 IDisplayon Tables and Counters 4203.2, 4203.3 2704.3 JU hting 4203.4 2705 Storage and Handling 4204 2706 Fire- rotection E ui ment 4204.2 2707 Sources of Ignition 4204.3, 4204.4 2707.1 General 14204.3 Ei___,2707.2 lHeating 4204.4 28 Storage and Handling of Combustible Fibers Chapter 29 Minor restructuring. 2801 Sco e 2901.1, 2901.2 Section 2804 restructured to 2802 Definitions 2902 incorporated Table 2804-A and 2803 Permits 2901.3 definitions. Section 2805.3 2904 deleted but is covered by Section 2804 Loose Storage 2905 903.3.3. 2805 Baled Stora e 2805.1 General 2905.2 2905.1 2805.2 Location 903.3.3 2805.3 Clearance 903.3. 2806 Storage of Agricultural Products 2903.4 2807 Dust-collectingSystems 2903.5 Interwest Consulting Group 3!9/2007 Page 13 r�C2290 opic 2006 Internat. Fire Code Comments epair Garages 2211 Moderate restructuring. eneral Combined with Article 52. 1.1 Scope 2201.2 2211.1 2901.2 Permits 2201.2 2901.3 Flammable and Combustible Liquids 2211.2 2901.4 Dispensing.inside of Buildings 2211.1, 2211.2 2901.5 Ventilation 2211.7.1 2901.6 Liquids Drained from Vehicles 2211.2.2 2901.7 Sources of Ignition 2211.3 2902 Repair Garages for-Liquid and LPG Fueled Vehicles 2211.7 2902.1 IA plicability 2211.2 --42211.7 2902.2 Storage and Handlin of Liquids 2211.2 2902.3 Storage and Handling of LP-gas Chapter 38 2902.4 Sources of Ignition 2211.3 2902.5 Ventilation 2211.4.3, 2211.7.3 2902.6 1 Preparation of Vehicles for Repair 2211.5 2903 Repair Garages for Natural Gas and H dro en Fueled Vehicles 2211.7 2903.1 Applicability 2211.7 2903.2 Ventilation 2211.7.1 2903.3 Gas-detection S stern 2211.7.2 2903.4 Preparation of Vehicles for Re air 2211.5 30 Wood Products Chapter 19 Minor restructuring with new 3001 Scope 1 1901.1 sections on electrical equipment, 3002 Definitions 1902 control of ignition sources, 3002.1 General not found portable fire extinguishers and 3002.2 Limited Application 1902 hose, automatic sprinkler 3003 Permits 1901.2 systems, and changes to 3004 General Requirements 1903 exception on size of piles. 3004.9 Oen Yards 1903.1 3004.2 Dust Control 1903.2 3004.3 Waste Removal 1903.3 Interwest Consulting Group 3/9/2007 Page 14 Art. Sect. Topic 2006 Internat. Fire Code Comments 3004.4 Fire Apparatus Access Roads 1903.6, 1903.7, 1909.3 3004.5 Fire Alarms 1904.1 3004.6 End Sto s 1906.3 3005 Lo Stora a Areas 1906 3005.1 General 1906.1 3005.2 Cold Deckin 1906.2 3006 Stora e of Wood Chips and Hogged Material in Assoc. with Timber 1907 and Lumber Production Facilities 3006.1 General 1907.1 3006.2 Size of Piles 1907.2 3006.3 Pile Protection 1907.3 3006.4 Material-handlingEquipment 1907.4 7.5 3006.5 Emergency Plan 190 3007 PI ood and Veneer Mills 19055 3008 Storage of Wood Chips, Hogged Materials,Fines,Compost and Raw 1908 Product in Assoc. with Yard Waste and Rec clip Facilities 3008.1 General 77��1908.1 1908.2 3008.2a Stora e Site 3008.3 Size of Piles 1908.3 3008.4 Pile Separation 1908.4 3008.5 Combustible Waste 1908.5 3008.6 Static Pile Protection 1908.6 3008.7 Pile Fire Protection 1908.7 U33008.9 1908.10 008.8 Fire Extinguishers 1908.8 Material-handlin E ui ment 1908.9 00810 Emer enc Plan xterior Stora e of Finished Lumber Products 1909 3009.1 General 1909.1 3009.2 Exterior Lumber Storage 1909.2 3009.3 Security 1909.4 Interwest Consulting Group 3!9!2007 Page 15 Art. Sect. Topic 1 2006 Internat. Fire Code Comments 32 Temporary Membrane Structures, Tents and Canopies Chapter 24 Moderate changes. IFC requires 3201 Scope 1 2401.1 plans to be submitted if occupant 3202 Definitions 2402 load exceeds 50. Requires 3202.1 General 2402 permitee to do periodic inspectns, 3202.2 Limited Applications 2402 50 foot separation if larger than 3203 Permits 2403.2, 2403.4 15,000 ft2, regulates connecting 32041Use Period 2403.5 corridors, require 12 foot fire 3205 Access, Location and Parking 2403.8 breaks, expands requirements 3205.1 jAccess 2403.8.1 for air-supported & air-inflated 3205.2 1 Loading and Parking 2403.8.2 structures, and limits spot lighting 3206 Structural Stability 2404 and motion picture film display. 3206.1 lGeneral 2404.1 3206.2 Air-supported and Inflated Structures not found expanded 3207 Flame Retardant Treatments 2404.2, 2404.3, 2404.4 3208 Portable Fire Extinguishers 2404.12 3209 Maximum Occupant Load 2404.12.14 3210 Seatinq Arrangements 2403.11 3211 Means of Egress 2403.12 3211.1 Distribution 2403.12.1 3211.2 Number 2403.12.2 3211.3 Exit Openings 2403.12.3 3211.4 Doors 2403.12.4 3211.5 Aisle 2403.12.5 adds arrangement& maintenance 3212 Maintenance of Means of Egress 2403.12.7 3213 Means of Egress Illumination 2403.12.8 emergency ower is never re d. 3214 Exit Sign 2403.12.6 3214.1 jWhen Required 2403.12.6 3214.2 111lumination 2403.12.6.1 3215 Sources of I nition 2404.6, 2404.7 3215.1 ISmoking 2404.6 3215.2 IFireworks, Open Flames and Hot Objects 2404.7, 2404.8 prohibits fireworks use <100 feet 3216ICooking and Heating 2404.15 Interwest Consulting Group 3/9/2007 Page 16 Art. Sect. Topic 2006 Internat. Fire Code Comments 3216.1 General 2404.15 3216.2 Ventilation 2404.15.2 does not require spark arrestors 3216.3 Location 2404.15.3 rohibits within 20 feet 3216.4 LP-Gas 2404.16 increased clearance 3216.5 1Electrical He ting and Cooking Equipment 2404.7 3217 Flammable and Combustible Liquids 2404.17 3217.1 General 2404.17, 2404.17.1 3217.2 Flammable and Combustible Liquid Storage 2404.17.2 3217.3 Refuelin 2404.17.3 3218 Display of Motor Vehicles 2404.18 3219 Generators 2404.19 3220 StandbyPersonnel 2404.20 3221 Housekee in 3221.1 General 3221.2 Vegetation Removal 2404.21 3221.3 Storage 2404.5 reduces 30 feet to 20 feet 3221.4 Waste Material 2404.22 33 Cellulose Nitrate Motion Picture Film not found IFC is not as strict 3301gStorage 4201.1 3302 found onlyin 105.6.5 3303 306.1 (projection on{ 3304nd Handling306.2 34 Automobile Wrecking Yards not found IFC does not specifically address 3401 Scope not found auto wrecking. 3402 Definitions 202 3402.1 General 202 3402.2 Limited Application not found 3403 Permits not found 3404 Fire A Ch Apparatus Access Roads found 3405,Welding and cuttingCha tars 26 & 30 Interwest Consulting Group 3/9/2007 Page 17 Art. Sect. Topic 2006 Internat. Fire Code Comments 3406 Housekeeping 304 3407 Fire Protection 906 3408 Tires 2505, 2509 3409 BurningOperation 307, 603.8 3410 Motor Vehicle Fluids and Hazardous Materials 3410.1 General 2211, Cha ters 27 & 34 3410.2 Motor Vehicle Fluids 2211, Chapters 27 & 34 3410.3 Miti ation for Vehicle Fluid Leaks not found 3410.4 Air ba S stems Cha ter 27 3410.5 Lead-acid Batteries Cha ter 27 35 lCovered Mall Buildings Does not specifically address 3501 Sco e covered malls 3502 Definitions not found 3502.1 General not found 3502.2 Limited Use 3503 Permits 105.6.9 3504 General Requirements not found 3504.1 Main Aisle Width not found 3504.2 Cross Aisle With not found 3504.3 Fueled Equipment 314.4 3504.4 Hazardous Materials not found 3504.5 Nonflammable Gas Chapter 30 3504.6 Combustible Decorative Materials and Signs 807 3504.7 Fixtures 1028 3505 Tempora Structures 3505.1 General 3505.2 Flame Spread 2404 3505.3 Sprinkler Obstructions 903.3.3 3506 Temporary Places of Assembly not found Interwest Consulting Group 3/9/2007 Page 18 Art. Sect. Topic 2006 Internat. Fire Code Comments 36 Dry Cleaning Chapter 12 Minor changes 3601 General 1201.1 3601.1 Scope 3601.2 Definitions 1202 3601.3 Permits 1201.2 3601.4 1 Plant and S stem Classification 1202, 1203 3601.5 Control of Solvents not found 3601.6 Fire Protection 1208.4 3601.7 Smoking not found 3602 Dry Cleanin with Non-flam. Li uids Except S ottin 1205.3 3602.1 General 3602.2 E ui ment not found 3602.3 Storage of Solvents and Waste Solvents not found 3602.4 S otting O erations1206 3603 D Cleaning with Fammable and Combustible Li uids 3603.1 General 1205.1 3603.2 Class I Liquids 1204.1 2.2 3603.3 Heatingof Liquids 1204. 3603.4 Occupancy Requirements 1207.11 3603.5 Ventilation 1204.2.1, 1205.2.3 not found 3603.6 Fuel-burnin Equipment 3603.7 Electrical Wirin and E ui ment 1204.2.3 3603.8 Solvent Containers, Tanks and Transferring Equi ment 1205.2.2, 1207.3 3603.9 Dry Cleaning Units 1207.1 3603.10 Stills 1204.2.2 3603.11 Drying Tumblers and Cabinets not found 3603.12 Bonding and Groundin 1204.2.4 1206 3603.13 Scourin Brushingand Spotting Interwest Consulting Group 3/9/2007 Page 19 Art. Sect. Topic 2006 Internat. Fire Code Comments PART V Special Processes 45 Application of Flammable Finishes Chapter 75 Moderate restructuring 4501 General 1501.1 4501.1 Sco e 1501.1 4501.2 Definitions 1502 4501.3 Permits 1501.2 4501.4 Smoking 1503.2.6 4501.5 Welding Warning Signs 1503.2.7 4501.6 Electrical Wiring and Equipment 1503.2.1 4501.7 forage, Use and Handling of Flammable and 1503.3 Combustible Liquids 4502 Spray Finishin 1504 4502.1 Location of Spray-finishing Operations 1504.2 4502.2 Spray Booths 1504.3 4502.3 Spray Booths using D Filters 1504.7.8 4502.4 Source of Ignition 1503.2, 1504.6 4502.5 Ventilation of Spray Booths and.Spraying Areas 1504.7 4502.6 Limited Spraying Areas 1504.9 4502.7 Storage, Use and Handling of Flammable and 1503.3 Combustible Liquids 4502.8 Fire-protection Equipment 1504.4 4502.9 operations and Maintenance 1504.5 4502.10 Drying Apparatus 1504.6.1 4503 DippingO erations 1505 4503.1 1 Location of Dip Tank Operations 1505.2 4503.2 Ventilation of Vapor Areas 1505.7 4503.3 Construction of Dip Tanks and Appurtenances 1505.3 4503.4 Storage and Handling of Flammable and Combustible 1505.5 Liquids 4503.5 Sources of Ignition 1505.6 4503.6 Operations and Maintenance 1505.5 4503.7 Fire-extin uishin Equipment 1505.4 Interwest Consulting Group 3/9/2007 Page 20 Art. Sect. Topic 20061nternat. Fire Code Comments 4503.8 Dip Tank Covers 1505.3.4 4503.9 Hardening and Tempering Tanks 1505.9 4503.10 Coating Operations 1505.10 4504 Electrostatic Apparatus 1507 4504.1 E ui ment Type and Location 1507.1, 1507.2, 1507.3 4504.2 Location of E ui ment 1507.8, 1507.9 4504.3 Guards and Signs 1507.5 4504.4 Maintenance 1507.5 4504.5 Ventilation 1507.7 4504.6 Fire Protection 1507.4 4505 Powder Coatin 1506 4505.1 General 1506.1 4505.2 Location and Construction of Powder Coating Rooms and 1506.2, 1506.3 Booths 4505.3 Sources of Ignition 1506.6 4505.4 Ventilation 1506.7 4505.5 Drying, Curin and Fusion Equipment 1506.6.1 4505.6 Operations and Maintenance 1506.5 4505.7 Fixed Electrostatic Spaying Equipment 1506.1 4505.8 Electrostatic Fluidized Beds 1506.1 4505.9 Fire Protection 1506.4 4506 lOanic Peroxides and Dual-com onent Coatin s 1508 6.1 General1508.3, 1508.4, 1508.2 6.2 Use of O1508.2 6.3 Stora e 1508.4.7 4506.4 Handlin 1508.4.4 4506.5 Mixing1508.4.5 4506.6 Sources of Ignition 1508.5 4506.7 Personnel Qualifications 150$.4.6 Interwest Consulting Group 3/9/2007 Page 21 Art. Sect. Topic 2006 Internat. Fire Code Comments 46 Fruit-ripening Processes Chapter 16 Minor restructuring 4601 Scope 1601.1 4602 Permits 1601.2 4603 Use of Eth lene 1603 4603.1 General 1603.1 4603.2 Concentration Controls 1603.2 4603.3 Container Construction Chapter 30 4603.4 Piping not found 4604 Electrical Equipment and Illumination 1604.2, 1604.4 4604.1 Electrical Equipment 1604.2 4604.2 Illumination 1604.4 146051 Heating 1604.5 4605.1 General 1604.5 4605.2 Clearance not found 4605.3 Combustion Air 1604.5 4605.4 Installation 1604.5 4605.5 Electric Heaters 1604.5 4605.6 Guards not found 4606 Sources of Ignition 4606.1 +OQen Flames and Lights 1604.1 4606.2mokin 1607.1 [-7t46071 Housekeeping 1605.1 47 lFurnigation and Thermal Insecticidal Fogging Chapter 17 Minor restructuring 4701 Scope 1701.1 4702 Permits 1701.2 4703 Sources of Ignition 1703 4703.11--]-General 1703.2 4703.2 jElectrical Equipment 1703.2.1 4704 Notification of Fumigation 1703.3 4705 Breathin I Apparatus 1703.3.2 4706 Watch During Fumigation 11703.3.3 Interwest Consulting Group 3/9/2007 Page 22 Art. Sect. Topic 2006 Internat. Fire Code Comments 4707 Sealing of Buildings 1703.5 4708 warning signs 1703.3.1 4709Venting and..Cleanup 1703.6 4710 Thermal Insecticidal Fogging Liquids 1703.4 4711 Carbon Disulfide and Hydrogen C anide 1703.7 48 Magnesium Moderate restructuring 4801 Sco e 3606 3606.1 4802 Permits 105.6. 7-14803.2 Stora e of Pigs, Ingots and Billets 105.6.28 4803.1 Outdoor Storage 3606.3 Indoor Storage 3606.3.2 4804 Meltin Pots 3606.3.1 4805 Storage of magnesium articles in foundries 3606.5.1 4806 Heating ovens 3606.2.4 4807 Ma nesium ProcessingOperations 3606.5.2 4807.1 Dust Collection 3606.5 4807.2 Power Supply Interlock 3606.5.3 4807.3 Electrical Equipment 3606.5.4 4807.4 Grounding3606.5.5 4808 Fire-extinguishing Materials 3606.5.7 4809 Storage of Ma nesium Articles 3606.2 4809.1 General 3606.2.1 4809.2 Storage of Greater than 1,000 Cubic Feet 28.3m s 3606.2.2 4809.3 Storage in Combustible Containers or within 30 Feet 3606.2.3 9144mm of Other Combustibles 4810 Fine Ma nesium Scrap3606.4 4810.1 Collection 3606.4.1 4810.2 Storage 3606.4 Interwest Consulting Group 3/9/2007 Page 23 Art. Sect. Topic 2006 Internat. Fire Code Comments 49 Hot Work Chapter 26 Minor restructuring 4901 General 2601 4901.1 Scope 2601.1 4901.2 Definitions 2602 4901.3 Permits 2601.2 4901.4 Fire Watch 2604.2 4901.5 Hot-work Area 2604.3 4901.6 Pre-hot-work Area 2604.3.1 4901.7 Cylinders 2605, 2609 4901.8 Arc Welding Equipment 2606, 2608 4901.9 Fire Protection 2604.2.6 4901.10 Identification Signs 2603.6 149021 Fixed Hot-work Area 2603.2, 2604 4902.1 Fixed Hot-work Areas 2603.2, 2604 4902.2 Floors 2604.1.6 4902.3 IPartitions 12604.1.5 50 Manufacture of Organic Coatings Chapter 20 Minor restructuring 5001 Scope 1 2001.1 5002 Definitions 2002 5003 Permits 1 2001.2 5004 Process Buildings 2003 5004.1 General 2003.1, 2005.1 5004.2 Location 2003.2 5004.3 Firefi htin Access 2003.3 5004.4 Ventilation 2005.5 5004.5 1 Heating 2003.6, 2005.6 5005 Storage of Raw Materials and Finished Products 2009 5005.1 General 2009.1 5005.2 Tanks in Buildings_ 2009.2 5005.3 Tank Car and Tank Vehicle Loading and Unloading 2009.3 Facilities Interwest Consulting Group 3/9/2007 Page 24 Art. 20061nternat. Fire Code Comments Sect. Topic 5005.4 Storage of Finished Products 2009.6 5005.5 Nitrocellulose Storage 2009.4 5005.6 Organic Peroxides 2009.5 2003- 5006 S ill Control, Drainage Control and SecondaryContainment 2006 10 5007 Process Mills, Mixers and Kettles 5007.1 Mill Location 6.1 5007.2 Mixers 6.2 5007.3 Kettles 5008 Process Pi in 7 5008.1 General 7.1 5008.2 Valves7.2 5008.3 Flexible Connectors and HosesOf2006-3- 20064 07.4 5008.4 Installation 2007.3 5008.5 Testing 2007.5 5009 Transfer of Flammable and Combustible Liquids in Process not found 5009.1 General 5009.2 Pumps not found 5009.3 Emer mcy Controls not found 5009.4 Storage of Containers not found 5010 Raw Materials in Process Areas 2008 5010.1Nitrocellulose 2008.1 5010.2 1 OrganicPeroxides 2008'2 5011 Electrical E ui ment 2004 2004.1 5011.1 General 5011.2 Class I, Division 1 Areas 2004.2 5011.3 Class I, Division 2 Areas 20042.1 2004.2.2 5011.4 Other Areas 5012 Protection from Static Electricityand Lightning2004.33 5012.1 Fixed E ui ment 2004.3, 2004.3.1 5012.2 Tank Vehicles 2004.3.2 5012.3 Portable Containers 2004.3.3 5012.4 Buildings 2004.4 Interwest Consulting Group 3/9/2007 Page 25 Art. Sect. Topic 2006 Internat. Fire Code Comments 5013 Fire Protection 2003.4, 2003.11 5013.1 IFire Alarm System 2003.11 5013.2 IMaintenance 2003.4 5014 Maintenance 2003 5014.1 Tanks-and Vessels 2003.9 5014.2 Ignition Sources 2003.9.1, 2003.7 5014.3 Confined S ace Ener not found 5014.4 Powered Industrial Trucks 2003.8 5014.5 Empty Containers 2003.9.2 5014.6 Outside Storage Containers not found 5014.7 Aisles 2003.3 51 Semiconductor Fabrication Facilities Chapter 18 Minor restructuring 5101 General 1801 5101.1 Scope 1801.1, 1801.2 5101.2 Material Classification 1801.3 5101.3 Existing Buildings and Existing Fabrication Areas 1801.4 5101.4 Definitions 1802 5101.5 Permits 1801.5 5101.6 Emer enc Control Station 1803.1 5101.7 Systems, E ui ment and Processes 1803.2 5101.8 Construction Requirements 1803.3 5101.9 General Safety Precautions 1803.4 5101.10 Alarm and Detection Systems 1803.1.3, 1803.11 5101.11 Fire Extinguishing Systems 1803.10 5101.12 Exhaust Ventilation Systems for HPM 1803.14 5101.13 Emergency Power System 1803.15 5102 Stora e 1804 5102.1 Applicability 1804.1 5102.2 Fabrication Areas 1804.2 5102.3 IStorage Rooms 1804.3 5103 Use and Handling 1805 Interwest Consulting Group 3/9/2007 Page 26 Art. Sect. Topic 2006 Internat. Fire Code Comments 5103.1 Applicability 1805.1 5103.2 Fabrication Areas 1805.2 5103.3 Trans ortation and Handling1805.3 52 Motor Vehicle Fuel-dispensing Stations Chapter 22 Minor restructuring 5201 General 2201 5201.1 Scope 2201.1 5201.2 Definitions 2202 5201.3 Permits and Plans 2201'2 5201.4 Location of Dispensing Operations and Stora e Vessels 2203 5201.5 Installation of Dispensing Devices 2203.2, 2206.7.3 5201.6 Su ervision of Dis ensin operations 2204.1 5201.7 Sources of Ignition 2205.4 5201.8 Si ns 2205.6 5201.9 Fire Protection 2205.5 5201.10 Clearance from Combustible Materials 2205.7 5201.11 Maintenance 2205.2 5202 Flammable and Combustible Liquid Motor Vehicle Fuel Stations 2206 5202.1 General 2206.1 520235202.4 2 Approvals 2206.7.1 nDispensing Fuel 2206.2 2206.7 Delive Motor Vehicle Fuel-dis ensin Stations 2206.7.7 2201.5 ui ment 2201.6 Control 2205.3 5202.9 Fire Protection 2205.5 5202.10 Motor Vehicle Fuel-dispensing Stations Located Inside Buildings 5202.11 Marine Motor Vehicle Fuel-dis )ensing Stations 2210 1106 5202.12 Aircraft Motor Vehicle Fuei-dispensing Fuel-dispensingStation 5202.13 Va or Recove 2206.7.9 Interwest Consulting Group 3/9/2007 Page 27 Art. Sect. Topic 2006 Internat. Fire Code Comments 5203 LPG Motor Vehicle Fuel Stations 2207 5203.1 General 2207.1 5203.2 Approvals 2207.2 5203.3 Attendants 2207.3 5203.4 Location 2207.4 5203.5 Installation of Dispensing Devices and Equipment 2207.5 5203.6 Private Fueling of Motor Vehicles 2207.6 5203.7 Overfilling . 2207.7 5204 Compressed Natural Gas Motor Vehicle Fuel Stations 2208 5204.1 General 2208.1 5204.2 Standards not found 5204.3 Approvals 2208.2 5204.4 Attendants not found 5204.5 Location of Dispensing Operations and Equipment 2208.3.1 5204.6 Private Fueling of Motor Vehicles 2208.4 5204.7 Pressure Regulators 2208.5 5204.8 Valves 2208.6 5204.9 Emergency Shutdown Equipment 2208.7 5204.10 Discharge of CNG from Motor Vehicle Storage Containers 2208.8 PART VI Special Equipment 61 Oil-burning Equipment 603 Moderate restructuring 6101 Sco e 601.1 6102 Genera! 603.1.2 6103 Permits 105.6.16 6104 Electrical Wiring and Equipment 603.1.3 6105 Fuel oil 603.1.4 6106 Portable Unvented Oil-burningeatingHAppliances 603.4 6106.1 General 603.4 6106.2 Equipment 603.4 6106.3 Location 603.4.1 6106.4 Fuel 603.1.4 Interwest Consulting Group 3/9/2007 Paae 28 Art. Sect. Topic 20061nternat. Fire Code Comments 62 Industrial Baking and Drying Ovens Chapter 21 Major change 6201 Scope 1 2101.1 6202 Permits and Plans 2101.2 6203 Location and Construction 2103 6203.1 lGeneral 2103.2 6203.2 1 Elevation not found 6203.3 Clearances 2103.4 6203.4 Construction not found 6203.5 Explosion Control not found 6203.6 Ducts not found 6204 Ventilation 2103.1 6204.1 General not found 6204.2 Duct Intake Openings not found 6204.3 Conveying Means not found 6205 Safety Controls not found 6205.1 General not found 6205.2 Ventilation Controls not found 6205.3 Fuel-safety Controls not found 6205.4 Excess Temperature Controls not found 6205.5 Conveyor Interlocks 2105.1 63 Refrigeration 606 Moderate restructuring 6301 scope 606.1 6302 Classification 606.3 6303 Definitions Chapter 2 163041Permits and Plans 105.6.38 6305 Installation and Maintenance not found 6306 Access 1 606.5 6307 Emer enc Control Box 606.9 6307.1 Location 606.9 6307.2 Valve Operational Procedure not found 6703.3 Control Boxes not found Interwest Consulting Group 3/9/2007 Page 29 Art. sect. Topic 2006 Internat. Fire Code Comments 6703.4 Ildentification 606.9.1 6308 Treatment and Flaring Systems for Treatment 6308.1 General 606.12.1 6308.2 Flaring System Design Requirements 606.12.2 6309 Ammonia Discharge 606.12.3 6310 Refri eration Machine Rooms 6310.1 When Required IMC 1104.2 6310.2 Dimensions not found 6310.3 Means of Egress 1015.4, 1015.5 6310.4 Refrigerant-vapor Alarms 606.8 6310.5 Separation IBC 508.2.2, Se aration NOT req. ifs rinklered 6310.6 lCombustion Air and Air Return IMC 701.5 6310.7 Special Requirements not found 6311 Refrigeration Machinery Rooms Ventilation 6311.1 General IMC 1105.6 6311.2 Distribution of Ventilation not found 6311.3 Intermittent Control of Ventilation Systems not found 6311.4 Emerqency Control of Ventilation Systems 606.9 6311.5 Central Control of Ventilation Systems not found 6311.6 Ventilation Discharge 606.13 6311.7 Fans 606.16 6311.8 Ventilation In-take IMC 1105.6.2 6311.9 Ventilation Rate IMC 1105.6.3 & 1105.6.4 63121 Refrigerated Process and Storage Areas not found 6313 Detection and Alarm Systems 606.8 6313.1 General 606.8 6313.2 Detection Thresholds 606.8 6313.3 Power and Supervision not found 6313.4 Monitoringand Annunciation 606.8 6313.5 Installation and Maintenance not found 6314 Ref eration Machinery Room Equip ment and Control 6314.1 General not found Interwest Consulting Group 3/9/2007 Page 30 Art. Sect. Topic 2006 Internat. Fire Code Comments 6314.2 Electrical 606.16 6314.3 Storage not found 6314.4 Emergency Control not found 6315 Refri station Control Valves 6315.1 Location IMC 1107.7 6315.2 Support not found 6315.3 Access not found 6315.4 Identification IMC 1107.7.3 6315.5 Pi in Identification not found 6316 Protection from Mechanical Damage 6317 Electrical 6317.1 General 606.16 6317.2 Secondary Source not found F6318 Instructions 606.7 bels 6320 Testin of Equipment 606.6 6320.1 Acceptance Testing not found 6320.2 Periodic Testing 606.6.1 6320.3 Records 606.6 6320.4 Frequency of Testing 606.1 6320.5 jPersonnel Qualifications 606.6 6321 Notification of Discharges 606.14 6322 Storage, andling and Use 606.11 6323 Chan in of Refri erant Type 606.4 6324 Records 606.14 64 Stationary Lead-acid Battery Systems 608 Moderate restructuring 6401 Scope 1 608.1 6402 Definitions Chapter 2 6403 Permits 601.2 only for consruction, not operation 6403.1 General 601.2 only for consruction, not operation 6304.2 Design Submittals 601.2 onlyfor consruction, not operation Interwest Consulting Group 3/9/2007 Page 31 Art. Sect. Topic 2006 Internat. Fire Code Comments 6404 Installation and Maintenance 608 6404.1 General not found 6404.2 Safety Venting 608.2 6404.3 Occupation Separation 608.4 6404.4 Spill Control 608.5 6404.5 Neutralization 608.5 6404.6 Ventilation 608.6 6404.7 Signs 608.7 6404.8 Seismic Protection 608.8 6404.9 Smoke Detection 608.9 PART VII Special Subjects 74 Compressed Gases Chapter 30 Minor restructuring 7401 General 3001 7401.1 Scope 3001.1 7401.2 Definitions 3002 7401.3 Permits not found 7401.4 Containers, Cylinders and Tanks 3003.1 7401.5 Marking 3003.4 7401.6 Security 3003.5 7401.7 Valve Protection 3003.6 7401.8 Separation from Hazardous Conditions 3003.7 7401.9 Wiring and Equipment 3003.8 7401.10 Service and Repair 3003.9 7401.11 Unauthorized Use 3003.10 7401.12 Exposure to Fire 3003.11 7401.13 Leaks Damage or Corrosion 3003.12 7401.14 Surface of Unprotected Storage or Use Areas 3003.13 7401.15 Overhead Cover 3003.14 7401.16 Lighting 3003.15 7402 1 Storage 3004 7402.1 General 3004.1 Interwest Consulting Group 3/9/2007 Page 32 Art. Sect. Topic 2006 Internat. Fire Code Comments 7402.2 Mate ria l-s ecific Regulations 3004.2 7403 Use and Handlin 3005 7403.1 General 3005.1 --> 3005.8 7403.2 lCornpressed Gas Systems 3005.9 7403.3 1 Handling 3005.10 7404 Medical Gas Systems 3006 7404.1 General 3006.1 7404.2 ISupply Location 3006.2, 3006.3, 3006.4 751 Cryogenic Fluids Chapter 32 Minor restructuring 7501 General 3201 7501.1 Scope 3201.1 7501.2 Definitions 3202 7501.3 Permits 3201.2 7501.4 Containers 3203.1 7501.5 Pressure-relief Devices 3203.2 7501.6 Pressure-relief Vent Piping 3203.3 7501.7 Marking 3203.4 7501.8 Security 3203.5 7501.9 Separation from Hazardous Conditions 3203.6 7501.10 Electrical Wiring and Equipment 3203.7 7501.11 Service and Repair 3203.8 7501.12 Unauthorized Use 3203.9 7501.13 Leaks, Damage and Corrosion 3203.10 7501.14 Lighting 3203.11 75021 Storage 3204 7502.1 General 3204.1 7502.2 Indoor Stora e 3204.2 7502.3 Outdoor Storage 13204.3 7503 Use and Handling 3205 7503.1 IGeneral 3205.1 7503.2 Material-s ecific Re uirements 13205.2, 3205.3 Interwest Consulting Group 3/9/2007 Page 33 Art. Sect. Topic 2006 Internat. Fire Code Comments 7503.3 Fillinq and Dispensing 3205.4 7503.4 Handlin 3205.5 761 =Prevention of Dust Explosions Chapter 13 Moderate restructing 7601 IGeneral 1301 7601.1 scope 1301.1 7602.2 definitions 1302.1 7601.3 1 Permits 1301.2 7602 Enclosures not found Ma be in referenced standards 7603 Separators not found May be in referenced standards 7604 Dust Collection not found May be in referenced standards 7605 Housekeeping 1303.2 7606 Electrical Grounding not found 7607 Smoking and Open Flames 1303.1 7608----]Explosion Control IBC 415.6.1 References IEC & NFPA Stand. 77 Explosive Materials Chapter 33 Moderate restructuring 7701 General 3301 7701.1 Scope 3301.1 7701.2 Definitions 3302 7701.3 Permits 3301.2 7701.4 Bond 3301.2.4 7701.5 Notice of New Storage and Manufacturing Sites 3301.6 7701.6 Access Road Signs 3304.6.5.1 7701.7 Prohibited and Limited Acts 105.6.14, 3301.2.3 7701.8 Seizure of Explosive Materials 3301.7 7702 Stora e 3304 7702.1 General 3304.1 7702.2 Retail Sales 3306 7702.3 Storage Magazines 3304.3 7703 Use, Handling and Transportation 7703.1 IUse and Handling 3301.4 3304, 3307 Interwest Consulting Group 3/9/2007 Page 34 Art. Sect. Topic 2006 Internat. Fire Code Comments 7703.2 Transportation not found 7703.3 Explosive Materials Terminals 3301.1.2 7703.4 -Blasting A ents 3305 7703.5 ISafetv Precautions for Blasting Agents not found 7704 Manufacturin , Assembling and Testing 3305 7704.1 General 3305.1 7704.2 Required Information not found 7704.3 Training 3305.2.3 7704.4 Emergency Procedures 3305.2.4 7704.5 1 Intraplant Separation of Operating Buildings 3305.3 7704.6 Buildings and Equipment 3305.5 7704.7 Operations 3305.6 7704.8 Explosive Materials Testing Sites 3305.7 7704.9 Disposal of Waste Explosive Materials not found 781 Fireworks and Pyrotechnic Special Effects Mat. Chapter 33 Moderate restructuring, fire works 7801 General 3308 provision combined with 7801.1 Scope 3308.1 explosives 7801.2 Definitions 3302 7801.3 Permits 3308.2 7802 Fireworks not found 7802.1 lGeneral 3301.1 7802.2 Seizure of Fireworks 3301.7 7802.3 Prohibition 3304, 3305 7802.4 Displays 3308, 3301.2.4 7803 P rotechnic Special Effects Material i3308 7803.1 General 3308.1 7803.2 Classification of Materials not found Classifications defined in 3302.1 7803.3 Construction of Magazines 3304.2 7803.4 Storage 3304 7803.5 Smoking and Open Flames not found Ma be in referenced standards 7803.6 Housekeeping Interwest Consulting Group 3/9/2007 Page 35 Art. Sect.I Topic 2006 Internat. Fire Code Comments 7803.7 P rotechnic Operators_ 7803.8 Use of Pyrotechnic Special Effects Material 7803.9 Standby Personnel and Equipment 79 Flammable and Combustible Liquids Chapter 34 Moderate restructuring 7901 General 3401 7901.1 Scope 3401.1, 3401.2, 3401.5, 3402 7901.2 Definitions 3402 7901.3 Permits and Plans 3401.4 7901.4 Electrical 3403.1 7901.5 Fire Protection 3403.2 7901.6 Construction and Site Requirements 3401.3 7901.7 Unauthorized Discharges 3403.3, 3403.4 7901.8 Spill Control and Secondary Containment 3403.4 7901.9 Labeling and Signs 3403.5 7901.10 Sources of Ignition 3405.3.2 7901.11 Piping, Valves and Fittings 3403.6 7901.12 Powered Industrial Truck Operation not found 7901.13 Maintenance of Protected Aboveground Tanks not found 7902 Stora e 3404 7902.1 General 3404.1 7902.2 Stationary Aboveground Tanks and Protected 3404.2 Aboveground Tanks Located Outside of Buildings 7902.3 Container and Portable Tank Storage Outside of Buildings 3404.3 7902.4 Stationary Aboveground Tank Storage inside Buildings 3404.2.9.4 7902.5 lContainer and Portable Tank Storage inside Buildings 3404.3.3 7902.6 1 Underground Tank Storage 3404.2.11 7903 Dis ensin , Uuse, Mixing and Handling 3405 7903.1 General 3405.1 7903.2 Use, Dispensing and Mixing Inside of Buildings 3405.3 7903.3 Use, Dispensing , Mixing and Handling Outside of Buildings 3405.3.8 7903.4 Solvent Distillation Units 3405.4 Interwest Consulting Group 3/9/2007 Page 36 Art. Sect. Topic 2006 Internat. Fire Code Comments 7904 S ecial O erations 3406 7904.1 General 3406.1 7904.2 Storage and Dispensing of Flammable and Combustible 3406.2 Liquids on Farms and Construction Sites 7904.3 Well Drillingand Operating 3406.3 7904.4 Bulk Plants or Terminals 3406.4 7904.5 Transfer Operations 3406.5 7904.6 Tank Vehicles and vehicle Operation 3406.6 7904.7 Refineries 3406.7 80 Hazardous Material Chapter 27 Moderate restructuring 8001 General 2701 8001.1 Scop e 270 1.1 8001.2 Definitions 27022 2701.5 8001.3 Permits 8001.4 Systems, Equipment and Processes 2703.2 8001.5 Release of Hazardous Materials 2703.3 8001.6 Material Safe Data Sheets 2703.4 8001.7 Identification Signs 2703.5 8001.8 Signs 2703.6 8001.9 Sources of Ignition 2703.7 8001.10 Construction Requirements 2703.8 8001.11 General Safe Precautions 2703.9 8001.12 Eilin and Transportation 2703.10 8001.13 i Closure 2701.6.3 8001.14 Group M Occupancy Storage and Display and Group S 2703.11 Occupancy Storage 8001.15 Exempt Amounts 2703.1, 2704.1, 2705.1 8001.16 Regulations for Specific Hazardous Materials in Quantities 2703.1.3, 3503.1.3, Not Exceeding Exempt Amounts 3503.1.4 Ma�or restructurin 8002 Classification by Hazard 2701.2 8002.1 lGeneral Interwest Consulting Group 3/9!2007 Page 37 Art. Sect. Topic 2006 Internat. Fire Code Comments 8002.2 Hazard Categories 2701.2.2 8002.3 Descriptions and Examples 101.2.1, Appendix E 8003 Stora e 2704 8003.1 General 2704.1, 908 8003.2 Explosives and Blasting Agents. Chapter 33 8003.3 Toxic and Hi hl Toxic Com ressed Gasses 3704 8003.4 Flammable and Combustible Liquids Chapter 34 8003.5 Flammable Solids and Flammable Gasses Chapters 35 & 36 8003.6 Oxidizers Chapter 40 8003.7 Organic Peroxides Chapter 39 8003.8 Pro horic Materials Chapter 41 8003.9 Unstable Reactive Materials Chapter 43 8003.10 Water-reactive Solids and Liquids Cha ter 44 8003.11 Cryogenic Fluids Chapter 32 8003.12 Highly Toxic and Toxic Solids and Liquids Cha ter 37 8003.13 Radioactive Materials not found 8003.14 Corrosives Chapter 31 8003.15 Irritants, Sensitizers and Other Health Hazard Solids, not found Liquids and Gasses 8004 Use, D' ensin and Handling2705 8004.1 General 2705.1 8004.2 Indoor Dispensing and Use 2705.2 8004.3 Outdoor Dispensing and Use 2705.3 8004.4 Handling and Transportation 2705.4, 908 81 High-piled Combustible Storage Chapter 32 Minor restructuring 8101 General 2301 8101.1 Scope 2301.1 8101.2 Definitions 2302 8101.3 Permits and Plan Submittal 2302.2 8101.4 Commodity Classification 2303 8101.5 Desi nation of Hi h- filed Stora e Areas 2304 Interwest Consulting Group 319!2007 Page 38 Art. Sect. Topic 2006 Internat. Fire Code Comments 1.3 Lumber yards 105.6.25 m.1 Magnesium working 105.6.28 M.2 Mall, covered 105.6.9 m.3 Motor vehicle fuel-dispensing stations 105.6.39 0.1 Oen burning 105.6.30 0.2 Organic coatings 105.6.33 0.3 Ovens, industrial baking or drying 105.6.24 p.1 Parade floats not found iD.2 Places of assembl 105.6.34 P.3 Pyrotechnical special effects material 105.6.36 r.1 Radioactive materials not found r.2 Refri eration equipment 105.6.38 0 Repair garages 105.6.39 s.1 S ra in or di in 105.6.41 t.1 Temp. membrane struct., tents & canopies 105.6.43 t.2 Tire storage 105.6.42 WA Wood products 105.6.46 New Amusement Buildings 105.6.2 New Exhibits and Trade Shows 105.6.13 New Floor Finishing 105.6.17 New HPM Facilities 105.6.21 New Oen Flames and Torches 105.6.31 New Pyroxylin Plastics 105.6.37 New Rooftop Heli orfs 105.6.40 New Tire-rebuildingPlant 105.6.44 Part II Definitions and Abbreviations Moderate restructuring 2 Definitions and Abbreviations IMCor IPC shall be as defined in those codes. All words, abbreviations Words not defined in the IFC, but defined in the IBC, IFGC, or terms defined in the IFC are listed in Section 202; however, if used in only one chapter instead of generally in the IFC, the definition will be in the appropriate chapter. Interwest Consulting Group 3/9/2007 Page 3 Art. Sect. Topic 2006 Internat. Fire Code Comments PART III General Provisions for safety 9 Fire Department Access and Water Supply 501, 503 Moderate restructuring 901 General 901.1 Scope 501.1 901.2 Permits and Plans 501.2, 501.3, 105.6.15 901.3 Timinq of Installation 501.4 901.4 Required Marking of Fire Apparatus Access Roads, 503.3, 505 Addresses and Fire Protection Equipment 901.5 Obstruction and Control of Fire Apparatus Access Roads 503.4 and Fire Protection Equipment Lots and Storage Lots 1902Fire 1.6 Fire Protection in Recreational Vehicle, Mobile Home and not found Manufactured Housin Parks, Sales Lots and Storage-Lots De artment Access 503 2.1 General503.1 2.2 Fire A aratus Access Roads 503.1 902.3 Access to Building Openings 504, 507 902.4 1 Key Boxes 506 903 Water Su lies and Fire Hydrants 508 903.1 General 508.1 903.2 Required Water Sup ly for Fire Protection 508.1 903.3 Type of Water Supply 508.2 903.4 Fire Hydrant Systems 508.5 10 Fire-Protection Systems and Equipment 901 --+ 907 Minor restructuring 1001 General 901.1 1001.1 Scope 901.1 1001.2 Definitions 902 1001.3 Plans 901.2 1001.4 Installation Acceptance Testing 901.5 1001.5 Maintenance, Inspection, Testing and Systems Out of 901.6 Service 3/9/2007 Page 4 Interwest Consulting Group ' Art. Sect. Topic 2006 Internat. Fire Code Comments 8101.6 ousekeeping and Maintenance 2305 8102 General Fire-protection and Life-safety Features 2306 8102.1 General 2306.1 8102.2 Extent and Type of Protection 2306.2 8102.3 Separation of High Piled Storage Areas 2306.3 8102.4 Fire Sprinklers 2306.4 8102.5 Fire Detection 2306.5 $102.6 Buildin Access 2306.6 6.7 8102.7 Smoke and heat Removal 230. 8102.8 Curtain Boards 910.3.5 3. 8102.9 Hose Stations and Hose Connections 2306.8 8102.10 Aisles 2306.9 8102.11 Portable Fire Extin uishers 2306.10 8103 Solid-pile and Shelf Stora e 2307 8103.1 General 2307.1 8103.2 Fire Protection 2307.2 8103.3 Pile Dimension and Height Limitations 2307.3 8103.4 Array 2307.4 8104 Rack Storage 2308 8104.1 General 2308.1 8104.2 Fire Protection 2308.2 8104.3 Flue S aces 2308.3 8104.4 Column Protection 2308.4 8104.5 Extra high-rack Storage Systems 2308.5 8105 Automated Storage 2309 8105.1 General 2309.1 8105.2 Fire Sprinklers 2309.2 8105.3 Carousel Storage 2309.3 8106 Specialty Storage 2310 Interwest Consulting Group 3/9/2007 Page 39 Art. Sect. Topic 2006 Internat. Fire Code Comments 82 Liquid Petroleum Gas Chapter 38 Minor restructuring 8201 Scope 1 3801.1 8202 Permits, Plans and Records 3801.2 8202.1 1 Permits and Plans 3801.2 8202.2 Records not found 8203 Installation of Equipment 3803 8203.1 IGeneral 3803.1 8203.2 1 Use of LP- as Containers in Buildings 3803.2 8203.3 ILocafion of Equipment and Piping 3803.3 8204 Location of Containers 3804 8204.1 General 3804.1 8204.2 Maximum Capacity within Established Limits 3804.2 8204.3 Container Location 3804.3 $204.4 Multiple Container Location 3804.4 8205 Prohibited Uses of LP Gas 3805 8205.1 Nona roved Equipment 3805.1 8205.2 Release to the Atmosphere 3805.2 8206 Dis ensinq and Overfilling 3806 8206.1 3806.1 8206.2 3806.2 8206.3 3806.3 8207 Safety devices 3807.1 T8212 Smokingand Other Sources of Ignition 3807.2 Clearance to Combustibles 3807.3 ProtectingContainers from Vehicles 3807.4 Fire Protection 3808 8211.1 General 3808.1 8211.2 Fire Extinguishers 3808.2 Stora e of Portable Containers Awaiting Use 3809 8212.1 General 3809.1 8212.2 Exposure Hazards 3809.2 8212.3 Position 3809.3 Interwest Consulting Group 3/9/2007 Page 40 Topic 2006 Internat. Fire Code Comments Art. Secfl 8212.4 Separation from means of egress 3809.4 8212.5 Quantity 3809.5 8212.6 -Storage on Roofs 3809.6 8212.7 Stora a in basement, pit or similar location 3809.7 8212.8 Protection of Valves in Containers in Storage 3809.8 8212.9 Stora a within Buildings Accessible to the Public 3809.9 8212.10 IStorage within Buildings ot Accessible to the Public 3809.10 8212.11 Storage within Rooms Used for Gas Manufacturing 3809.11 8212.12 Location of Stora a outside of Buildings 3809.12 8212.13 Protection of Containers 3809.13 8212.14 Alternate Location and Protection of Storage 3809.14 8213 Containers Not in Use 3810 8213.1 ITemporarily out of Service 3810.1 8213.2 Permanent/ out of Service 3810.2 8214 Parking and Garaging 3811 8214.1 IGeneral 3811.1 8214.2 Unattended Parking 3811.2 8214.3 lGaraging 3811.3 84 Motion Picture Projection 1306 Moderate restructuring 8401 Scope 306.1 8402 Projectin Rooms 306.1 8402.1 General 306.1 8204.2 Safetv Film not found May be in NFPA 40 8204.3 Fire Extinguishers not found 8403 Smoking not found 8404 Projection Equipment not found 8405 Film Storage and Use not found 8405.1 Cellulose Nitrate 1306.2 8405.2 ISafety Film not found Interwest Consulting Group 3/9/2007 Page 41 Art. Sect. Topic 2006 Internat. Fire Code Comments 85 Electrical Equipment and Wiring 605 Moderate restructuring 8501 Scope I not found 8502 Definitions not found 8503 Use of Temporary Wiring 605.9 8503.1 During Construction 605.9 8503.2 During Special Events and Holidays 605.9 8503.3 Attachment to Structures 605.9 8504 Abatement of Electrical Hazards 605.1 8505 Electrical Motors 605.8 8506 Extension Cords and Flexible Cords 605.5 8506.1 General 605.5 8506.2 Use with Portable Appliances 605.5 8506.3 Installation 605.5 8507 Multiplug Adapters 605.4 8508 Power Ta s 605.4 8508.1 General 8508.2 Design 605.4.1 8508.3 Power Supply 605.4.2 8508.4 Installation 605.4.3 8509 Access to Switchboards and Power Boards 605.3 8509.1 lGeneral 605.3 8509.2 jAccess 605.3 8509.3 [Labeling605.3.1 87 Fire Safety During Construction Chapter 14 Moderate restructuring 8701Sco e 1401 8702 Permits not found 8703 Approvals not found 8704 Fire Safe During Construction 8704.1 General 8704.2 jAccess Roads 1410.1 8704.3 lWater Supply 1412 Interwest Consulting Group 3/9/2007 Page 42 Art. Sect. Topic 2006 Internat. Fire Code Comments 8704.4 Fire Protection 1413, 1414. 1 15 8704.5 Combustible Debris 1404.2 8704.6 Motor E ui ment 1416 8704.7 Heatin Devices 1403 8704.8 Smoking 1404.1 8704.9 Cutting and Welding 1404.6 $704.10 Flame- roducinj Equipment 1417.1 8704.11 I Flammable Liquids 1405.1, 1405.2 8704.12 O en-flame Devices 1405.4 8704.13 Asphalt and Tar Kettles 1417.2 8704.14 emporaa Electrical Wirin 1404.7 8704.15 Building Access 1410.1 8704.16 Emergency Telephone 1409.1 8704.17 Fire- rotection Plan 1408.1, 1408.2 8705 Alteration of Buildings Chapter 14 8705.1 General 1401.1 8705.2 Fire-protection S stems 1413, 1414, 1415 8705.3 Means of E ress 1411 8705.4 Fire-resistive Assemblies and Construction 703.1 8706 Fire Safe During Demolition Cha ter 14 8706.1 General 1401.1 8706.2 Automatic Sprinkler System not found 8706.3 Fire Hose not found 8706.4 Cutting and Welding 1404.6 8706.5 Burning of Combustible Waste 1404.3 8706.6 Fire Watch 1404.5 8707 Asbestos Removal not found not found 8707.1 Genera{ 8707.2 Notification not found 8707.3 Plastic Film not found 87not found 07.4 Signs Interwest Consulting Group 3/9/2007 Page 43 Art. Sect. Topic 1 2006 Internat. Fire Code Comments 88 Aerosol Products Chapter 28 Minor restructuring 8801 General 28 8801.1 Scope 2801 8801.2 Definitions 2801.1 8801.3 Permits 2802 8801.4 Identification of Aerosol Classification 2801.2 8801.5 Carton Identification 2803.1 8802 Stora a and Retail Displays 2803.2 8802.1 General 2804 8802.2 Retail Sales Occupancies 2804.1, 2806 8802.3 General-purpose Warehouses and Storage Rooms 2804.7 8802.4 Aerosol Warehouses 2804.3 8802.5 Exterior Storage 2804.4 8803 Auto. Fire-extinguishing S stems &Storage Arrangements 2805 8803.1 General 2806.5 8803.2 Automatic Fire-extinguishing Systems 2806.5.1 8803.3 Draft Curtains 910.3.5 8803.4 Storage Arrangements 12804, 2806 PART Vlll Standards Chapter 45 Moderate restructuring 901 Standards 9001 General 9001.1 UFC Standards 102.6 9001.2 Standard of Duty 9001.3 Recognized Standards 102.6 9002 UFC Standards 9003 Recognized Standards Interwest Consulting Group 3/9/2007 Page 44 CITYAGENDA 8c °n ITEM# _ BURLINGAME STAFF REPORT MAG. c DATE October 15.2007 <o TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED� DATE: October 9, 2007 BY APPROVED FROM: Ana Silva (558-7204) BY SUBJECT: Civil Service Commission Vacancies RECOMMENDATION It is recommended that Council call for applications to fill three impending vacancies on the Civil Service Commission. The recommended due date is November 5, 2007. This will allow enough time for interviews and an orientation for new Commission members. BACKGROUND Our current commissioner appointment procedure calls for any commissioner desiring reappointment to apply in the same manner as all other candidates. The current commissioners will be invited to reapply if they wish to serve again. In addition, all past applicants on the two-year wait list will be informed of the vacancies. The following Commission Members' terms will expire as detailed below: Commissioner Term Expiration Terms Served James Delia December 1, 2007 3 Michael Lennon, Jr. December 1, 2007 6 Victor Richmond December 1, 2007 6 AGENDA ITEM NO: 8d BURLINGAME STAFF REPORT MEETING DATE: October 15,2007 TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY: DATE: October 10, 2007 APPROVED BY: FROM: William Meeker, Community Development Director—(650) 558- 255 SUBJECT: ADOPTION OF A RESOLUTION ACKNOWLEDGING PARTICIPATION IN THE SAN MATEO COUNTY SUB-REGION FOR THE REGIONAL HOUSING NEEDS ALLOCATION PROCESS (RHNA) AND ACCEPTING THE ASSIGNED HOUSING SHARE FOR THE SAN MATEO COUNTY SUB-REGION RECOMMENDATION: It is recommended that the City Council adopt the attached "Resolution of the City Council of the City of Burlingame, Accepting the Proposed Final Regional Housing needs Allocation (i.e. Revised Draft Allocation) for the San Mateo County Sub-Region, and Consenting to a Sixty (60) Day Period during which Member Jurisdictions may Appeal the Allocation". BACKGROUND: Pursuant to Government Code Sections 65584-65584.05, the 20 cities of San Mateo County and the County of San Mateo have participated as members of a county-wide sub-region, an ad-hoc joint powers authority formed specifically to locally administer the Association of Bay Area Governments' (ABAG's) Regional Housing Needs Assessment (RHNA) process. A Policy Advisory Committee comprised of one representative from each of the 21 jurisdictions acted as the governing board for the Sub-Region. The Sub-Region was approved by ABAG in September 2006. The City/County Association of Governments (C/CAG) has been selected to represent the Sub-Region. The final methodology for determining housing needs shares was submitted to ABAG on March 27, 2007. In accordance with this methodology, a proposed draft allocation of housing shares for jurisdictions in the San Mateo County Sub-Region was developed. The proposed allocation was reviewed by the RHNA Technical Advisory Committee (TAC) on June 7, 2007, and by the RHNA Policy Advisory Committee (PAC) on June 14, 2007. At the TAC and PAC meetings in June, a preview of possible adjustments (along with the final allocation that would result) based on discussions with member jurisdictions was presented. Both committees unanimously approved the proposal, hence it was formally adopted as the draft allocation. This was submitted to ABAG on June 21, 2007. The adopted methodology included an opportunity for the cities and the County to negotiate additional trades between willing partners. A letter was sent to all agencies suggesting that during July and August, members of the Sub-Region that wish, may discuss and negotiate trades to the draft allocation that will be incorporated in the proposed final allocation. To date, no additional trades have been identified. A trade between the City of Redwood City and Woodside is still pending. The Sub-Region should preserve the option for trades between any agencies through March 31, 2008 when ABAG formally adopts the Sub-Regional Allocation for San Mateo County. RHNA Housing Share Acceptance Resolution Page 2 City Council Agenda—October 15,2007 DISCUSSION: Consistent with the guidelines, methodology,and schedule established by the State and ABAG,the San Mateo County Sub-Region adopted the Proposed Final Allocation of Housing Shares (attached). The proposed final allocation was reviewed by the RHNA TAC on August 23, 2007, and by the RHNA PAC on August 30, 2007. Both committees unanimously approved the proposal, and it was submitted to ABAG on August 31, 2007- The City of Burlingame's proposed allocation is 650 units. This allocation will be used as the basis for the upcoming update of the City's Housing Element. Pursuant to California Government Code Section 65584.05(d), the Sub-Region has opened an appeal period that will run through October 30, 2007. During this period any member jurisdiction of the Sub- Region may appeal the proposed Final Allocation. In November, the Sub-Region will adopt the Final Allocation, including a provision that the Sub-Region consents a priori to any subsequent zero-sum trades between consenting jurisdictions. The Sub-Region has requested that the option for trades between any agencies be allowed up through March 31, 2008 when ABAG formally adopts the Sub- Regional Allocation for San Mateo County. FISCAL IMPACT: None. Attachments: Resolution Accepting the Proposed Final Regional Housing Needs Allocation(i.e.Revised Draft Allocation)for the San Mateo County Sub-Region,and Consenting to a Sixty(60)Day Period During which Member Jurisdictions may Appeal Such Allocation San Mateo County Sub-Region's Final Shares of Regional Housing Needs Allocation RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, ACCEPTING THE PROPOSED FINAL REGIONAL HOUSING NEEDS ALLOCATION (I.E. REVISED DRAFT ALLOCATION) FOR THE SAN MATEO COUNTY SUB-REGION, AND CONSENTING TO A SIXTY (60) DAY PERIOD DURING WHICH MEMBER JURISDICTIONS MAY APPEAL THE ALLOCATION RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BURLINGAME THAT: WHEREAS, The San Mateo County Regional Housing Needs Allocation (RHNA) Sub- Region ("Sub-Region") was formed pursuant to California Government Code Section 65584.03(a); and WHEREAS, the Sub-Region issued a Draft Allocation on June 14, 2007, pursuant to California Government Code Section 65584.05(a); and WHEREAS, the Sub-Region opened a public comment period, running through August 30, 2007, during which time any member jurisdiction of the Sub-Region could request revisions to the Draft Allocation, and WHEREAS, through an iterative dialogue process facilitated by Sub-Region administrative staff, various member jurisdictions of the Sub-Region requested revisions pursuant to California Government Code Section 65584.05(b), and the Sub-Region responded to such requests pursuant to California Government Code Section 65584.05(c); and WHEREAS, all such revisions are incorporated into the proposed Final Allocation; and WHEREAS, such proposed Final Allocation was discussed in full, and public comment was heard in full at a duly noticed public hearing conducted by the governing board of the Sub- Region on August 30, 2007, NOW, THEREFORE, IT IS RESOLVED AND DETERMINED BY THE CITY COUNCIL THAT it accepts the proposed Final Allocation set forth in the attached "San Mateo County Sub-Region's Final Shares of Regional Housing Needs Allocation", and further consents to an appeal period, pursuant to California Government Code Section 65584.05(d), that shall run through October 30, 2007, during which period any member jurisdiction of the Sub-Region may appeal the proposed Final Allocation. Mayor 1 Resolution No. City Council Agenda — October 15, 2007 RHNA Housing Share Acceptance Resolution I, Doris Mortensen, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 15'" day of October, 2007 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk 2 August Proposed Final Allocation SAN • COUNTY SUBREGION'SOF REGIONAL • • • Weighted Share Technical adjustments FORMULA Negotiated Adjustments-Staff PROPOSED (per adopted formula) to ABAG Projections ALLOCATION &Jurisdiction Proposals FINAL ALLOCATION BETWEEN AMONG BETWEEN Before Technical jurisdictions jurisdictions After Technical jurisdictions AMONG A,B JURISDICTION Adjustment (x) (x) Adjustment jurisdictions Deadline:8/31/07 ATHERTON 0.53% 83 83 0 83 83 83 83 83 BELMONT 2.99% 471 471 0 471 471 (72) 399 399 399 BRISBANE 2.55% 401 401 0 401 401 401 401 401 BURLINGAME 4.55% 717 717 0 717 717 (67) 650 650 650 COLMA 0.63% 100 100 0 100 100 (35) 65 65 65 DALY CITY 7.76% 1,222 1,222 0 1,222 1,222 (15) 1,207 1,207 1,207 EAST PALO ALTO 4.00% 630 630 0 630 630 630 630 630 FOSTER CITY 3.09% 486 486 0 486 486 466 486 486 HALF MOON BAY 1.76% 276 276 0 276 276 276 276 276 HILLSBOROUGH 0.55% Be 86 0 86 86 86 Be 86 MENLO PARK 6.31% 993 993 0 993 993 993 993 993 MILLBRAE 2.67% 452 452 0 452 452 452 452 452 PACIFICA 1.7596 275 275 0 275 275 275 275 275 PORTOLA VALLEY 0.47% 74 74 0 74 74 74 74 74 REDWOOD CITY 10.83% 1,704 1,704 0 1,704 1,704 128 1,832 1,832 1,832 SAN BRUNO 6.74% 1,061 1,061 0 1,061 1,061 (88) 973 973 973 SAN CARLOS 4.58% 720 720 0 720 720 (121) 599 599 599 SAN MATEO 18.22% 2,868 2,868 0 2,868 2,868 183 3,051 3,051 3,051 SOUTH SAN FRANCISCO 10.39% 1,635 1,635 0 1,635 1,635 1,635 1,635 1,635 WOODSIDE 0.41% 65 65 0 65 65 65 65 65 UNINCORPORATED 9.02% 1,420 0 1,420 0 1,420 1,420 66 1,506 1,506 1,506 SAN MATEO COUNTY 100% 15,738 0 15,738 0 15,738 15,738 0 15,738 0 15,738 15,738 File:ProposedFinal Allocation2.xls SAN MATEO COUNTY SUBREGION'S FINAL SHARES OF REGIONAL HOUSING NEEDS ALLOCATION A. Woodside and Redwood City are in the process of agreeing to move their common boundary to facilitate development of 60 units of affordable housing. These adjustments have no impact on other jurisdictions'shares. Upon reaching agreement the appropriate housing shares will be reflected as part of the final allocation. B. The Sub-region should preserve the option for trades between any agencies up through 3/31/08 when ABAG formally adopts the Sub-regional Allocation for San Mateo County. File: ProposedFinal Allocation2.xls Agenda Item #: 9a Meeting BURLINGAME STAFF REPORT Date: October 15, 2007 SUBMITTED B � APPROVED BYAw lH�9 �c�vi TO: HONORABLE MAYOR AND CITY COUNCIL ✓' DATE: October 3, 2007 FROM: PUBLIC WORKS SUBJECT: RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT WITH ERLER & KALINOWSKI, INC. FOR FY 2007-08 PROGRAM MANAGEMENT OF WATER SYSTEM CAPITAL IMPROVEMENTS PROGRAM, CITY PROJECT NO. 81970 RECOMMENDATION: It is recommended that Council approve the attached resolution for a Professional Services agreement with Erler & Kalinowski, Inc. (EKI) for water system capital improvement program management in the amount of $230,000. BACKGROUND: In July 2002, the Council approved an accelerated water system Capital Improvement Program (CIP) to upgrade the 100 year old deteriorating water system. The CIP program represented a 900% increase in the budget for water improvements over previous years. Administering this size of program required consultant support so that staff would continue to have the capacity to administer the remainder of the CIP program. In July 2002, the City selected EKI to provide program management services through an extensive consultant selection process. EKI has been successfully managing the CIP program for the past five years. DISCUSSION: The scope of services for FY 2007-08 Water System Program Management includes the following: • Perform plan review and project management of Trousdale Pump Station Expansion and the Trousdale Transmission Main Projects • Implement Hydro-pneumatic tank replacement project at Hillside and Skyview reservoirs • Assist the City in negotiating with San Francisco Public Utility Commission to avoid impacts from Crystal Springs line project • Prepare and update the CIP project cost estimates and update CIP program • Negotiate and manage consultant and construction contracts for the CIP program • Review and recommend water system standards • Conduct weekly meetings during construction of the projects • Conduct monthly update meetings • Update the hydraulic model of water system SAA Public Works Directory\Staff Reports\81970_EKI.doc Staff believes that utilizing EKI as program manager is in the best interests of the City for the following reasons: • EKI has successfully provided program management services for the previous five years and their fee continues to be reasonable and within industry standards. • Because EKI has gained significant institutional knowledge of the City's water system needs and acts as an extension to City staff, training a new program manager in the middle of CIP program implementation would not be cost effective and would impact existing project schedules. • As a multi-disciplinary engineering firm, EKI is capable of bringing technical resources to the program that would not otherwise be available if City staff were managing the entire CIP program. • EKI's management of the program has resulted in successfully replacing 20 miles of deteriorated water pipe with minimal disruption to affected residents and very few complaints. The proposed $230,000 budget for the program management services represents approximately 5% of the overall water capital improvement program budget of$4,500,000 for FY 2007-08. The program management costs, as a percentage of total water program budget, is within the 5-7% range typical of similar programs being implemented by other Bay Area agencies. It should be noted that separate contracts with professional consultants and construction contractors will still be necessary to perform some of the activities cited above. Staff will return to Council periodically in the future for approval of these contracts. BUDGET IMPACT: There is sufficient funding available in the 2007-08 CIP budget which is financed through water bond revenues. EXHIBITS: Resolution, Professional Services Agreement C: City Clerk,City Attorney, EKI, Philip B.Monaghan, P.E. Senior Civil Engineer SAA Public Works Directory\Staff Reports\81970_EKl.doc RESOLUTION NO. AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL SERVICES WITH ERLER & KALINOWSKI. INC.. FOR FY 2007-08 PROGRAM MANAGEMENT OF WATER SYSTEM CAPITAL IMPROVEMENTS PROGRAM CITY PROJECT NO. 81970 RESOLVED, by the CITY COUNCIL of the City of Burlingame, California and this Council does hereby FIND, ORDER and DETERMINE AS FOLLOWS: 1 . The public interest and convenience require execution of the agreement cited in the title above. 2. The City Manager be, and he is hereby, authorized to sign said agreement for and on behalf of the City of Burlingame. 3. The City Clerk is hereby ordered and instructed to attest such signature. Mayor 15 DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing Resolution was introduced at a regular meeting of the City Council held on the day of , 2007, and was adopted thereafter by the following vote. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk SAA Public Works Directory\Author, By Name\Joanne Louie\REOLUTIONAGREEMENT.WPD AGREEMENT FOR PROFESSIONAL SERVICES WITH ERLER&KALINOWSKI,INC.FOR FY 2007-08 PROGRAM MANAGEMENT OF WATER SYSTEM CAPITAL IMPROVEMENTS PROGRAM CITY PROJECT NO.81970 THIS AGREEMENT is entered into this day of 2007,by and between the City of Burlingame,State of California,herein called the "City",and ERLER&KALINOWSKI,INC.engaged in providing PROFESSIONAL PROGRAM MANAGEMENT consulting services herein called the"Consultant". RECITALS A. The City is considering undertaking professional program management consulting services for the FY 2007-08 Capital Improvements Program Water System. B. The City desires to engage a professional consultant to provide program management services,because of Consultant's experience and qualifications to perform the desired work,described in Exhibit A. C. The Consultant represents and affirms that it is qualified and willing to perform the desired work pursuant to this Agreement. AGREEMENTS NOW,THEREFORE,THE PARTIES HERETO AGREE AS FOLLOWS: 1. Scope of Services. The Consultant shall provide all services as set forth in Exhibit A of this agreement. 2. Time of Performance. The services of the Consultant are to commence upon the execution of this Agreement with completion of the program by June 30, 2008. 3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes,ordinances,and regulations of governing federal,state and local laws. Consultant represents and warrants to City that it has all licenses,permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall,at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses,permits,and approvals Page 1 of 9 which are legally required for Consultant to practice its profession. Consultant shall maintain a City of Burlingame business license. 4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons necessary to perform the services under this Agreement. 5. Information/Report Handling. All documents furnished to Consultant by the City and all reports and supportive data prepared by the Consultant under this Agreement are the City's property and shall be delivered to the City upon the completion of Consultant's services or at the City's written request. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Consultant shall not make any of the these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before such release. The City acknowledges that the reports to be prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating a defined project, and City's use of the information contained in the reports prepared by the Consultant in connection with other projects shall be solely at City's risk, unless Consultant expressly consents to such use in writing. City further agrees that it will not appropriate any methodology or technique of Consultant which is and has been confirmed in writing by Consultant to be a trade secret of Consultant. 6. Compensation. The scope of work necessary to perform the requested Services cannot be fully defined at present. As a result, the Scope of Work attached as Exhibit A of this Agreement reflects the current understanding of the scope of work anticipated by both parities. Inasmuch as the exact scope of work and effort is not yet determined, compensation for the Consultant's Services shall be on a time and expense reimbursement basis in accordance with the Consutant's Schedule of Charges, dated 1 January 2007, contained in Exhibit A. Compensation for Consultant's professional services shall not exceed $230,000.00 without prior written notice. Exhibit A contains a preliminary breakdown of costs for the Scope of Work covered by this Agreement. The costs presented in Exhibit A for individual program elements and tasks are for the purposes of determining an overall budget for the currently anticipated Scope of Work under this Agreement and do not represent individual task budgets to which Consultant will be limited in order to satisfactorily perform individual tasks. The total overall budget amount shown hereinabove may be allocated among individual tasks as needed to reflect actual project conditions. Billing shall be accompanied by a detailed explanation of the work performed by whom at what rate and on what date. Page 2 of 9 7. Payment Schedule. Payment shall be based on City approval of progress toward each program element. City will render payment within thirty (30) days of receiving Consultant's invoice in satisfactory form. City agrees to pay for the Services provided in accordance with the attached Schedule of Charges, and such payment shall be considered as full compensation for all personnel, materials, supplies, and equipment used in performing Consultant's Services. If City questions any portion of an invoice, City shall inform the Consultant of such question and shall pay the balance of the invoice that is not disputed within the time established in this paragraph. 8. Availability of Records. Consultant shall maintain the records supporting this billing for not less than three (3) years following completion of the work under this Agreement. Consultant shall make these records available to authorized personnel of the City at the Consultant's offices during business hours upon written request of the City. 9. Project Manager. The Project Manager for the Consultant for the work under this Agreement shall be Matthew Zucca. 10.Assignability and Subcontracting. The services to be performed under this Agreement are unique and personal to the Consultant. No portion of these services shall be assigned or subcontracted without the written consent of the City. 11.Notices. Any notice required to be given shall be deemed to be duly and properly given if mailed postage prepaid, and addressed to: To City: Philip Monaghan, P.E. City of Burlingame 501 Primrose Road Burlingame, CA 94010 To Consultant: Matthew Zucca, P.E. Erler & Kalinowski, Inc. 1870 Ogden Drive Burlingame, CA 94010 or personally delivered to Consultant to such address or such other address as Consultant designates in writing to City. 12.Independent Contractor. It is understood that the Consultant, in the performance of the work and services agreed to be performed, shall act as and be an Page 3 of 9 independent contractor and not an agent or employee of the City. As an independent contractor he/she shall not obtain any rights to retirement benefits or other benefits which accrue to City employee(s). With prior written consent, the Consultant may perform some obligations under this Agreement by subcontracting, but may not delegate ultimate responsibility for performance or assign or transfer interests under this Agreement. 13.Consultant agrees to testify in any litigation brought regarding the subject of the work to be performed under this Agreement. Consultant shall be compensated for its costs and expenses in preparing for, traveling to,and testifying in such matters at its then current hourly rates of compensation, unless such litigation is brought by Consultant or is based on allegations of Consultant's negligent performance or wrongdoing. 14.Standard of Care. Consultant agrees that, in connection with its Services to be performed under this Agreement, such Services are performed with the care and skill ordinarily exercised by members of the Consultant's profession practicing under similar conditions at the same time and in the same or a similar locality. City recognizes that the state of practice is changing and evolving. While Consultant will perform in reasonable accordance with standards in effect at the time its Services are performed, it is recognized that such standards may subsequently change because of improvements in the state of practice. When the findings and recommendations of Consultant are based on information supplied by City and entities engaged by City, Consultant shall have the right to rely on the accuracy and completeness of such information. No warranty or guarantee, expressed or implied, is made or intended by providing of consulting Services or by furnishing oral or written reports of the findings made. 15.Cost Estimates. Any statements of estimated construction costs or future operation and maintenance costs furnished by Consultant are projected costs based on available information and professional opinions and judgment. Consultant is not responsible for fluctuations in construction costs due to bidding conditions and other factors that could not reasonably be anticipated at the time of preparation of the particular estimate. 16.Conflict of Interest. Consultant understands that its professional responsibilities is solely to the City. The Consultant has and shall not obtain any holding or interest within the City of Burlingame. Consultant has no business holdings or agreements with any individual member of the Staff or management of the City or its representatives nor shall it enter into any such holdings or agreements. In addition, Consultant warrants that it does not presently and shall not acquire any direct or indirect interest adverse to those of the City in the subject of this Agreement, and it shall immediately disassociate itself from such an interest should it discover it has done so and shall, at the City's sole discretion, divest Page 4 of 9 itself of such interest. Consultant shall not knowingly and shall take reasonable steps to ensure that it does not employ a person having such an interest in this performance of this Agreement. If after employment of a person, Consultant discovers it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly notify City of this employment relationship, and shall, at the City's sole discretion, sever any such employment relationship. 17.Equal Employment Opportunity. Consultant warrants that it is an equal opportunity employer and shall comply with applicable regulations governing equal employment opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate against persons employed or seeking employment with them on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or mental disability, national origin, religion, or medical condition, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment & Housing Act. 18.Insurance. A. Minimum Scope of Insurance: I. Consultant agrees to have and maintain, for the duration of the contract, General Liability insurance policies insuring him/her and his/her firm to an amount not less than: one million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage in a form at least as broad as ISO "Occurrence" Form CG 0001. ii. Consultant agrees to have and maintain for the duration of the contract, an Automobile Liability insurance policy ensuring him/her and his/her staff to an amount not less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. iii. Consultant agrees to have and maintain, for the duration of the contract, professional liability insurance in amounts not less than one million dollars ($1,000,000) sufficient to insure Consultant for professional errors or omissions in the performance of the particular scope of work under this agreement. iv. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and Page 5 of 9 volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. B. General and Automobile Liability Policies: i. The City, its officers, officials, employees and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of Consultant, premises owned or used by the Consultant. The endorsement providing this additional insured coverage shall be equal to or broader than ISO Form CG 20 10 11 85 and must cover joint negligence, completed operations, and the acts of subcontractors. This requirement does not apply to the professional liability insurance required for professional errors and omissions. ii. The Consultant's insurance coverage shall be endorsed to be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurances maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. iv. The Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. In addition to these policies, Consultant shall have and maintain Workers' Compensation insurance as required by California law. Further, Consultant shall ensure that all subcontractors employed by Consultant provide the required Workers' Compensation insurance for their respective employees. D. All Coverages: Each insurance policy required in this item shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Current certification of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. Page 6 of 9 E. Acceptability of Insurers. Insurance is to be placed with insurers with a Best's rating of no less than A-:VII and authorized to do business in the State of California. F. Verification of Coverage. Upon execution of this Agreement, Contractor shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the City. All certificates and endorsements are to be received and approved by the City before any work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 19. Indemnification. To the fullest extent permitted by law, the Consultant shall save, keep and hold harmless indemnify and defend the City, its officers, agent, employees and volunteers from all damages, liabilities, penalties, costs, or expenses in law or equity, including but not limited to attorneys' fees, that may at any time arise, result from, relate to, or be set up because of damages to property or personal injury received by reason of, or in the course of performing work which may be occasioned by willful misconduct or negligent act or omissions of the Consultant, or any of the Consultant's officers, employees, or agents or any subconsultant. This provision shall not apply to the extent the damage or injury is caused by the negligence or willful misconduct of the City, its officers, agents, employees, or volunteers. 20.Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder, nor does waiver of a breach or default under this Agreement constitute a continuing waiver of a subsequent breach of the same or any other provision of this Agreement. 21 . Governing Law. This Agreement, regardless of where executed, shall be governed by and construed to the laws of the State of California. Venue for any action regarding this Agreement shall be in the Superior Court of the County of San Mateo or Santa Clara. 22.Termination of Agreement. The City and the Consultant shall have the right to terminate this agreement with or without cause by giving not less than fifteen (15) days written notice of termination. In the event of termination, the Consultant shall deliver to the City all plans, files, documents, reports, performed to date by the Consultant. In the event of such termination, City shall pay Consultant an amount that bears the same ratio to the maximum contract price Page 7 of 9 as the work delivered to the City bears to completed services contemplated under this Agreement,unless such termination is made for cause,in which event,compensation,if any,shall be adjusted in light of the particular facts and circumstances involved in such termination. 23.Amendment. No modification,waiver,mutual termination,or amendment of this Agreement is effective unless made in writing and signed by the City and the Consultant. 24.Disputes. In any dispute over any aspect of this Agreement,the prevailing party shall be entitled to reasonable attorney's fees,as well as costs not to exceed $7,500 in total. 25.Force Majeure. Any delay or default in the performance of any obligation of Consultant under this agreement resulting from any cause(s)beyond Consultant's reasonable control,shall not be deemed a breach of this Agreement. The occurrence of any such event shall suspend the obligations of Consultant as long as performance is delayed or prevented thereby,and the fees due hereunder shall be equitably adjusted provided that no time extension because of Force Majeure shall ever be allowed unless:(a)promptly upon the occurrence of a Force Majeure,the party whose performance delayed thereby shall provide the other party with written notice of the cause and extent thereof as well as request for a time extension equal to the estimated duration thereof: and(b)within seven(7)calendar days of the cessation of the Force Majeure,the party whose delay shall provide the other party with written notice of the actual delay incurred,upon receipt of which the time of the delayed performance shall be extended for the time actually lost by reason of the Force Majeure. 26.Entire Agreement. This Agreement constitutes the complete and exclusive statement of the Agreement between the City and Consultant. No terms, conditions,understandings or agreements purporting to modify or vary this Agreement,unless hereafter made in writing and signed by the party to be bound,shall be binding on either party. Page 8 of 9 IN WITNESS WHEREOF, the City and Consultant have executed this Agreement as of the date indicated on page one (1). City of Burlingame By City Manager Stephen A. Tarantino, P.E. Jim Nantell Vice President Erler & Kalinowski, Inc. ATTEST: Approved as to form: City Clerk - Doris J. Mortensen City Attorney- Larry Anderson P:\BURLINGAME\PROGRAM MANAGEMENT\PROJECT MANAGEMENT\EKI CONTRACTS\2007-2008\DRAFT AGREEMENT 2007-2008 PROGRAM MANAGEMENT CONTRACT.DOC Page 9 of 9 EXHIBIT A Scope of Work for Program Management of the Water System and Capital Improvements Program Fiscal Year 2007-2008 The City of Burlingame ("City") is retaining Erler & Kalinowski, Inc. ("Consultant") to serve as Program Manager to assist the City with implementing a multi-year potable water system improvement program ("Program") as described below: BACKGROUND Much of the City's current water system infrastructure is reportedly reaching the end of its useful life, such that approximately 50 percent of the distribution system is at least 50 years old. As a result, the City is improving or replacing portions of its water distribution system. Under a separate Scope of Work, EKI prepared a Water System Master Plan ("WSMP") that presents an approach to infrastructure improvements over a 30 year planning horizon. These improvements include distribution system mains, storage facilities, transmission mains, pumping stations, and SCADA systems. To address the aging water system, the City is implementing a Capital Improvements Projects ("CIP") for improvements to the City's water system. The Program addresses the tracking, planning, and implementation of the CIP projects. COMPLETED AND ANTICIPATED CIP PROJECTS The following is a summary of the completed and in-progress CIP projects managed by EKI as part of ongoing program management services. CIP Projects Completed to Date As part of program management services provided by EKI to date, the following CIP projects have been successfully completed. Total Completion CIP Project Project Cost Date Burlinghome/Easton Main Replacement Design and $3 M May 2004 Construction - Phase I Burlinghome/Easton Main Replacement Design and $3.1 M June 2005 Construction - Phase II Mills Tank Seismic Retrofit $1 .0 M January 2007 Burlinghome/Easton Main Replacement - Phase III $1 .7 M December 2006 Mills Transmission Main Construction $1 .6 M April 2007 Page 1 of 8 20 July 2007 Exhibit A Page 2 of 8 CIP Projects In-Progress or to be Commencing during FY 2007-2008 Projects that are already in progress or are anticipated to be commenced during the 2007-2008 fiscal year include the following project. Total Project CIP Project Cost Completion Date Trousdale Pump Station Design $0.9 M March 2007 Trousdale Pump Station Construction $9.0 M July 2009 Trousdale Transmission Main Construction $2.1 M October 2007 Trousdale Pump Station Supply Transmission Main $1.4 M December 2007 Construction Burlingame Gate/GroveNillage Main Replacement $4.8 M June 2010 SCOPE OF WORK The following describes Consultant's general scope of work under this Agreement. Program Element A-Program Management EKI will provide general engineering management and consulting services to the City's management of the Program. The tasks covered by this program element are anticipated to include the following tasks. Task 0—Program Communications EKI will meet monthly with City staff to review the progress of the Program. These meetings are anticipated to include summary reports on individual projects and updates of budgets and schedules for individual Program elements. EKI will prepare a progress report including updates on all program elements on a quarterly basis. EKI will also prepare quarterly schedule updates as part of the effort to prepare the quarterly progress report. Task 1 —Finance and Budget Tracking and Updates EKI will update the overall CIP budget cash flow on a monthly basis with current project expenditures and will track the progress of project expenditures relative to the estimated budget. Updated budgets will be distributed to appropriate City staff. Task 2 -Project Documentation As EKI has done for the previous five years of program management, EKI will maintain the City's files on water system CIP projects being program managed by EKI. The project documentation will be stored on behalf of the City at EKI's office in Burlingame until the end of the completion of the various projects. At that time, the project files will be forwarded to the City for storage. 20 July 2007 Exhibit A Page 3 of 8 Task 3 -2008-2009 CIP Budget As done for the 2006-2007 fiscal year CIP budget, EKI will prepare an estimated budget for the anticipated 2008-2009 fiscal year CIP projects. The 2008-2009 CIP budget will be based upon the then current understanding of anticipated project costs for remaining CIP projects and will be prepared in the same format as the 2006-2007 fiscal year CIP budget. Program Element B—Project Management of CIP Projects On behalf of the City in connection with the ongoing tasks identified above, EKI will assist the City with daily project management of individual projects within the CIP Program. It is anticipated that EKI's efforts will consist of the following elements: 1. Coordinating the implementation of the communications plan prepared by CirclePoint(formerly Public Affairs Management) for informing the City Council and citizens of the Program and potential disruptions that might be experienced during the implementation of various Program projects, 2. Providing assistance as requested by the City regarding the design and construction by others of the water system SCADA system, 3. Reviewing consultant designs for general conformance with City standards and project goals, and 4. Generally overseeing construction review by other consultants during construction of the Program projects. The scope of anticipated project management efforts on each of these tasks is described below: Task 0—Project Communications EKI will oversee the implementation by the City's consultant, CirclePoint, of the communications plan for the CIP Program. Based upon experience during the previous year, EKI estimates a budget of 0.5 hour per week for a Staff Engineer and 0.25 hour per week for a Supervising Engineer(Matt Zucca) for the duration of the Agreement to assist the City with communications. Task 1 —Trousdale Pump Station Design Assistance Metcalf& Eddy ("M&E") has been retained by the City to perform the design of the new Trousdale Pump Station and associated transmission main. Task I — Trousdale Pump Station Design will be managed by Phil Monaghan, P.E., of the City. Mr. Monaghan will be responsible for all communications with the consultant and other project administrative tasks. EKI will assist Mr. Monaghan with the overall project to help ensure the project meets the goals of the WSMP and fits within the budgetary constraints of the CIP program. 20 July 2007 Exhibit A Page 4 of 8 EKI will assist the City in conducting design reviews. For purposes of preparing a budget for this task, it was assumed that EKI will conduct two design reviews in coordination with City staff during each design. The design reviews are intended to: • Compare the consultant's proposed design to City standards and project goals, • Identify constructability issues, • Review general clarity and consistency of design documents, and • Evaluate the design consultant's construction cost estimate. EKI's design reviews are not intended to validate or verify the design consultants design. These design reviews are anticipated to occur at about the 65 and 95 percent completion stages of each design. It is anticipated that modified project construction cost estimates will be made at both of these levels of completion. EKI will also hire a subconsultant, TJC and Associates, specializing in electrical and instrumentation to assist in the design reviews. Once the final pump station design is completed and approved by the City, EKI will provide bidding support services and will coordinate with the design consultant during the preparation of bid packages and addenda. EKI understands that the City will construct the Trousdale Pump Station project beginning in fiscal year 2007-2008. Task 2—Trousdale Pump Station Construction Assistance EKI understands that M&E will be retained by the City to provide construction management services for the Trousdale Pump Station project,therefore EKI has not included budget for the implementation of a construction manager selection process. Task 2— Trousdale Pump Station Construction will be managed by Phil Monaghan, P.E., of the City. Mr. Monaghan will be responsible for all communications with the consultant and other project administrative tasks. EKI will assist Mr. Monaghan with the overall project to help ensure the project meets the goals of the WSMP and fits within the budgetary constraints of the CIP program. EKI will review M&E's construction management services during construction of the Trousdale Pump Station project. Tasks performed by EKI will include: • Assisting with the negotiation of a construction management agreement, • Attending weekly construction meetings, • Assisting in Submittal Reviews, RFIs, and other construction documentation, • Assisting in Change Order negotiations, • Reviewing construction manager's invoices and contractor's requests for payment, • Coordinating of public outreach during construction, and • Coordinating final payment and project acceptance including preparation of as- builts,Notice of Completion, and punch list. 20 July 2007 Exhibit A Page 5 of 8 Task 3 —Trousdale Transmission Main Construction Assistance EKI understands that M&E will be retained by the City to provide construction management services for the Trousdale Transmission Main project, therefore EKI has not included budget for the implementation of a construction manager selection process. Task 3— Trousdale Transmission Construction will be managed by Phil Monaghan, P.E., of the City. Mr. Monaghan will be responsible for all communications with the consultant and other project administrative tasks. EKI will assist Mr. Monaghan with the overall project to help ensure the project meets the goals of the WSMP and fits within the budgetary constraints of the CIP program. EKI will review M&E's construction management services during construction of the Trousdale Transmission project. Tasks performed by EKI will include: • Assisting with the negotiation of a construction management agreement, • Attending weekly construction meetings, • Assisting in Submittal Reviews, RFIs, and other construction documentation, • Assisting in Change Order negotiations, • Reviewing construction manager's invoices and contractor's requests for payment, • Coordinating of public outreach during construction, and • Coordinating final payment and project acceptance including preparation of as- builts,Notice of Completion, and punch list. Task 4—Trousdale Pump Station Supply Transmission Main Design Assistance M&E has been retained by the City to perform the design of the pump station and associated transmission main. Task 4— Trousdale Pump Station Supply Transmission Main Design will be managed by Phil Monaghan, P.E., of the City. Mr. Monaghan will be responsible for all communications with the consultant and other project administrative tasks. EKI will assist Mr. Monaghan with the overall project to help ensure the project meets the goals of the WSMP and fits within the budgetary constraints of the CIP program. EKI will assist the City in conducting design reviews. For purposes of preparing a budget for this task, it was assumed that EKI will conduct three design reviews in coordination with City staff during each design. The design reviews are intended to: • Compare the consultant's proposed design to City standards and project goals, • Identify constructability issues, • Review general clarity and consistency of design documents, and • Evaluate the design consultant's construction cost estimate. EKI's design reviews are not intended to validate or verify the design consultants design. These design reviews are anticipated to occur at about the 30, 65, and 95 percent 20 July 2007 Exhibit A Page 6 of 8 completion stages of each design. It is anticipated that modified project construction cost estimates will be made at both of these levels of completion. Once the final pump station transmission main design is completed and approved by the City, EKI will provide bidding support services and will coordinate with the design consultant during the preparation of bid packages and addenda. EKI understands that the City will construct the Trousdale Pump Station Supply Transmission Main project beginning in fiscal year 2007-2008. Task 5 —Trousdale Pump Station Supply Transmission Main Construction Assistance EKI understands that M&E will be retained by the City to provide construction management services for the Trousdale Pump Station project, therefore EKI has not included budget for the implementation of a construction manager selection process. Task 5— Trousdale Pump Station Construction will be managed by Phil Monaghan, P.E., of the City. Mr. Monaghan will be responsible for all communications with the consultant and other project administrative tasks. EKI will assist Mr. Monaghan with the overall project to help ensure the project meets the goals of the WSMP and fits within the budgetary constraints of the CIP program. EKI will review M&E's construction management services during construction of the Trousdale Pump Station project. Tasks performed by EKI will include: • Assisting with the negotiation of a construction management agreement, • Attending weekly construction meetings, • Assisting in Submittal Reviews, RFIs, and other construction documentation, • Assisting in Change Order negotiations, • Reviewing construction manager's invoices and contractor's requests for payment, • Coordinating of public outreach during construction, and • Coordinating final payment and project acceptance including preparation of as- builts,Notice of Completion, and punch list. Task 6—Miscellaneous Technical Support EKI has provided technical support to the City during the previous contract for several small CIP projects including: • Evaluation of estimated fire flows, • Review of technical evaluation of existing hydropneumatic tanks prepared by others, • Preparation of preliminary opinions of probable cost for recycled water treatment and distribution, and • Evaluation of potential operational impacts due to planned San Francisco Public Utilities Commission maintenance of the Hetch Hetchy System. 20 July 2007 Exhibit A Page 7 of 8 EKI understands that the City requests EKI to continue to provide technical support of the projects listed above. EKI will provide technical support to City staff including evaluation of water system operations using the City's hydraulic model, review of consultants technical evaluations, prepare technical emails and memoranda, meet with City staff as needed, and participate in teleconferences. EKI will hire a hydraulic modeling firm to assist in the evaluation of the fire flows and operational impacts analysis. Program Element C—As-Needed Services The purpose of Program Element C is to provide budget for as-needed services. EKI, at the request of the City,will prepare scopes of work and budgets for as-needed services. EKI will not expend any budget under Program Element C without prior authorization from the City. SCHEDULE The schedule for implementation of this scope of work shall be upon a mutually agreeable timeframe. COMPENSATION FOR CONSULTING SERVICES The scope of work assumed herein and the estimated budget identified in Table 1 are an estimate of the anticipated tasks, level of effort, and costs to manage the currently anticipated CIP projects during the 2007-2008 fiscal year. Both the City and EKI recognize that it is impossible to accurately determine the complete scope of work and level of effort required to manage the anticipated projects. Some tasks may actually require more effort than assumed herein and from time to time additional tasks beyond those contemplated herein may arise. Therefore, this scope of work and the estimated budget in Table 1 reflect the City's and EKI's current best ability to determine the scope of work and budget. In light of this uncertainty, EKI will submit with each invoice a comparison of the remaining budget to the anticipated remaining level of effort to complete each task. If it becomes apparent that an individual task will exceed it estimated budget, EKI will inform the City and include a projected budget to complete the task. Additionally, at such time as significant new tasks are identified, EKI will inform the City of the new task and, if possible, the estimated cost to complete the newly identified task. Inasmuch as the exact level of effort to complete the proposed Scope of Work cannot be identified at this time, we propose that compensation for consulting services by Erler& Kalinowski, Inc. be on a time and expense reimbursement basis in accordance with the Schedule of Charges dated 1 January 2007 included as Attachment 1. On the basis of the Scope of Work described above, we propose a budget of$230,000, which will not be exceeded without authorization. 20 July 2007 Exhibit A Page 8 of 8 Tables: 1. Table I -Estimated Program Consulting Effort and Associated Costs, Program Management of City of Burlingame Water System and Water Quality Improvements (2007-2008 Fiscal Year), City of Burlingame, San Mateo County, California Attachments: 1. Schedule of Charges dated 1 January 2007 20 July 2007 TABLE 1 2007-2008 Program ESTIMATED PROGRAM CONSULTING EFFORT AND ASSOCIATED COSTS Management Budget Program Management of City of Burlingame Water System and Water Quality Improvements(2007-2008 Fiscal Year) City of Burlingame,San Mateo County,California ESTIMATED ESTIMATED LABOR Hours See Note 1) EXPENSES COST N El 4 f� pppS ,-1 g a tv m 5 Labor Unit Comm Expense bine Item Mask TASKS 6' Subtotal Fspensc Description Unit Quant. Coal Fee Markup Subtotal Subtotals Subtotals 76 1061 1231 155 1 204 214 214 ($) 3% 10% ($) ($) ($) PROGRAM ELEMENT A-PROGRAM MANAGEMENT TASK 0-PROGRAM COMMUNICATIONS(CIP Budget Item*.It) e Monthly Summary Meetings 48 24 4 1 $13,192 1 $396 - $3% $13,588 e Prepare Quarrefly Progress Report including schedule tracking and updates 24 8 4 1 $5,008 Reproduction mo 12 1 $50 $150 $60 $810 $5,818 $19,000 TASK 1-FINANCE AND BUDGET TRACKING AND UPDATES(CIP Budget Item a.l l) 1 - e Monthly program management budget updates 12 4 1 $2,676 $80 - $80 $2,756 ♦Monthly CIP Cash Flow updates 12 4 1 $2,676 $80 - $80 $2,756 S6,000 TASK 2.PROJECT DOCUMENTATION(CIP Budget Item a.]1) 1 - e Establishing City Files 120 8 $10,360 $311 $311 $10,671 $11,000 TASK 3-2008-2009 CIP BUDGET(CIP Budget Item a.11) I - ♦ Preparing 2008-2009 CIP Budget 6 40 16 4 4 $9,708 Reproduction Is 1 $150 $291 $15 $456 $10,164 $10,000 Subtotals-Program Element A 120 6 64 104 40 0 8 $43,620 $1,309 $75 $2,134 $46,000 PROGRAM ELEMENT B-CIP PROJECTS TASK 0-PROJECT COMMUNICATIONS(See Note 2)(CIP Budget Item a.l l) - e Public Outreach 0.5 hour r week for Staff Ent ineer for term of Agreement) 26 12 $5,058 $152 5152 $5,210 $5,000 TASK 1-TROUSDALE PUMP STATION DESIGN ASSISTANCE (CIP Budget Item a.11)(Program Management of CIP Budget Item e.1)-15%of Design Budget Remaining - ---- ♦Design Oversight - - (a) Constructability Review 8 4 1 $2,056 $62 $62 $2,118 (b) Meetings with City Staff to Review Project Scope and Details 24 16 1 $6,984 $210 - $210 $7,194 (c) 65%Design Review and MadiffedProjectCost Estimates 24 16 8 2 $9,124 ElectricalSubconsulunt Is 1 1$3000 $274 $300 1 53,574 $12,698 (d) 95%Design Review and Modified Project Cost Estimates 24 16 8 2 $9,124 Electrical Suboomulranr Is 1 $3,000 $274 $300 1 $3,574 $12,698 (e) Communications with Design Consultant and Information Retrieval(I hours per week for 6 months) 24 4 $4,536 $136 $136 $4,672 e Construction Bidding - (a) Assist in Assembling and Distributing Bid Packages 4 4 2 2 $1,948 $58 $58 $2,006 (b) Assist in Answering Bidders Questions/Prepare Addendums 8 8 2 $2,632 $79 $79 $2,711 (c) Assist in Bid Opening and Selection o Contractor 8 1 8 1 2 $2,632 $79 - $79 $2,711 1 $47,000 TASK 2-TROUSDALE PUMP STATION CONSTRUCTION ASSISTANCE (CIP Budget Item a.11)(Program Management of CIP Budget Item e.1)-1%of Construction for 3 Months - e Pre-Corotruction Conference 4 2 1 $1,028 1 $31 - $31 $1,059 e Assistance during Construction Management (a) Weekly Meetings 12 1 $1,860 1 $56 - $56 $1,916 (b) Assist in Submittal Reviews,RFIs,and other Construction Documentafion 4 4 2 1 $1,864 $56 $56 $1,920 (c) Assist in Change Order Negotiation 4 2 1 $1028 $31 $31 $1,059 $6,000 TASK 3-TROUSDALE TRANSMISSION MAIN CONSTRUCTION ASSISTANCE (CIP Budget Item s.l l)(Program Management of CIP Budget Item e.1)-1%of Construction e Pre-Construction Conference 8 8 4 $3,040 $91 $91 $3,131 e Assistance during Construction Management (a) Weekly Meetings 16 40 58,168 $245 $245 $8,413 (b) Assisi in Submittal Revimvs,RF1s,and other Comiruction Donnnentation ib 20 4 2 56,312 $189 - ___ $189 $6,501 _ c Asststia Clan Order Ne tiation 20 4 53,916 $117 - $I.17 $4,033 $22,000 Erler&Kalinowski,Inc. SOW Cost Estimate 2007-2008 2007-07.20 Page I of 2 7/20/2007 TABLE 1 2007-2006 Program ESTIMATED PROGRAM CONSULTING EFFORT AND ASSOCIATED COSTS Management Budget Program Management of City of Burlingame Water System and Water Quality Improvements(2007-2008 Fiscal Year) City of Burlingame,San Mateo County,California (MATE ESTIMATED LABOR (Ile rs)(See Note 1) EXPENSES COST to N �_ Labor Unit Comm Expense Line Item Task TASKS 6 - Subtotal parse Description Unit Quant. Cost Fee Markup Subtotal Subtotals Subtowls 76 106 123 155 204 214 214 (S) 3% 10% ($) ($) ($) TASK 4-TROUSDALE PUMP STATION SUPPLY TRANSMISSION MAIN DESIGN ASSISTANCE (CIP Budget Item a.11)(Program Management of CIP Budget Item e.1)-10%of Design - _ ♦Design Oversight (a) Construcmbility Review 8 4 $2,056 _ $62 $62 $2,118 (b) Meetings with City Staffto Review Project Scope and Details 8 4 S2,056 _ _ $62 S62 $2,118 (c) 30%Design Review and Mod fed Project Cost Estimates 8 4 4 2 53,340 _ _ $100 $100 $3 440 (d) 65%Design Review and Mod fed Project Cost Estimates 8 4 4 2 $3,340 $100 $100 $3,440 _ (e) 95%Design Review and Modified Project Cost Estimates 8 4 4 2 $3,340 $100 - $100 $3,440 69 Communications with Design Consultant and L formation Retrieval(I hours per week for 6 months) 24 4 $4,536 _ $136 $136 $4,672 _ ♦Construction Bidding (a) Assist in Assembling and Distributing BidPackoges 4 2 2 $1,456 $44 $44 $1,500 (b) Assist in Answering Bidders Questmiss/Prepare Addendums 4 2 $1,028 $31 $31 $1,059 c Assist in Bid Opening and Selection o Contractor 4 2 1 1 $1028 $31 $31 $1059 $23000 TASK 5-TROUSDALE PUMP STATION SUPPLY TRANSMISSION MAIN CONSTRUCTION ASSISTANCE (CIP Budget Item a.11)(Program Management of CIP Budget Item e.1)-1%of Construction •Pre-ConstmctionConference 8 8 4 $3,040 $91 $91 $3,131 4 Assistance during Construction Management (a) Weekly Meetings 12 40 $7,676 $230 $230 $7,906 W Assist in Submittal Reviews.RFIs,and other Construction Documentation 12 16 42 S5 00 $156 $156 $5,356 (c) Assist in Change Order Negotiation 16 4 53,296 $99 $99 $3,395 $20,000 TASK 6-MISCELLANEOUS TECHNICAL SUPPORT (CIP Budget Item a.11)(Program Management of CIP Budget Item e.1) ♦Evaluation ofEstimatedFire Flows 40 8 4 $6,688 Hydraulic Modeler Is 1 $4,000 $261 $400 $4,661 $13,349 ♦Technical Review ofFlydropneumatic Tank Evaluations 16 8 2 $4,540 $136 $136 $4,676 a Evaluation of Operational Impacts due to SFPUC Maintenance J 40 8 $7,832 H draulic Modeler. Is 1 $4,000 $235 $400 $4,635 $12,467 e Preparation ol'Preliminary O inions of Probable Cost for Rec cled Water Treatment and Distribution 16 16 4 4 2 $6,548 $196 $196 1 6,744 37,000 Subtotals-Program Element B 0 0 134 516 152 34 26 $140,310 $4,209 $1,400 $19,609 $160,000 PROGRAM ELEMENT C-AS NEEDED SERVICES TASK 0-AS NEEDED SERVICES(CIP Budget Item a.11) •Plawholder budget for as-needed services based on future work authorizations 16 40 40 20 16 16 $23,744 $712 - $712 $24,456 $24,000 Subtotals-Program Element C 0 16 40 40 20 16 16 $23,744 $712 $0 $712 $24,000 GRAND TOTAL ESTIMATED HOURS AND BUDGET(See Note 3) 120 22 238 660 212 50 50 $207,674 $6,230 1 $1,475 $zz,455 $230,000 lyse: (1) Staff billing rates have been increased 1.0 percent to reflect a presumed two percent increaw in billing rates at the start of the 2008 calendar year. (2) EKI has assumed that Circle Point will perform the work identified in this task and EKI will manage the implementation of their efforts. (3) Grand Total Estimate Budget has been rounded up to the newestf 1,000. Erler& Kalinowski,Inc. SOW Cost Estimate 2007-2008 2007-07-20 Page 2 of 2 7/20/2007 AGENDA ITEM# 9b '" MAG. DATE 10/15/07 STAFF REPORT TO: Honorable Mayor and Council SUBMITED BY: Don Dornell,Fire Chief DATE: October 2,2007 FROM: Fire Department APPROVE BY: SUBJECT: Out-of-state travel for Fire Marshal RECOMMENDATION: Approve out-of-state travel for the Fire Marshal to attend training at the National Emergency Training Center in Emmitsburg,Maryland. BACKGROUND: Rocque Yballa,Fire Marshal for the Central County Fire Department,has been accepted to the National Emergency Training Center in Emmitsburg,Maryland to attend a Train-The-Trainer Course for National Incident Management System-Incident Command System ICS-300/400. The process for selection is limited to very few individuals nationally dependent upon varying pre-requisite criteria. Successful completion of this course will qualify the fire department to provide in-house training and certification to mid-managers and executive managers for the city of Burlingame and the Town of Hillsborough. The ICS-300 course follows FEMA's curriculum for NIMS and is a 20-hour course,while ICS-400 requires 16 hours for certification delivery by our agency. Having an in-house instructor will make it possible to schedule multiple training sessions. This will help us to get both jurisdictions NIMS compliant with Homeland Security Presidential Directive V on a more manageable schedule for employees. The tuition and travel associated with this training is sponsored by the Federal Emergency Management Association while the cost of meals will be absorbed by the Central County Fire Department. ATTACHMENTS: None CITY AGENDA ITEM# 9C BUE STAFF REPORT MTS. DATE:October 15,2007 � a 9 O TO: Honorable Mayor and City Council SUBMITTED BY: Jack Van Etten.Chief of Polic DATE: October 4,2007 � f APPROVED FROM: Jack Van Etten,Chief of Police BY: Jim Nantell,City Manager SUBJECT: Approval of out of state training for two Parking Enforcement Meter Repair Employees RECOMMEDATION: Staff is recommending that the City Council approve of out of state training for two Parking Enforcement Meter Repai- Employees. BACKGROUND: Parking Enforcement Meter Repair Employees are required to install, adjust, replace, trouble shoot problems and repair approximately 1700 parking meters and pay by space machines in our city. The manufacturer of the parking equipment holds training schools to certify the training and repair of their parking equipment. Certification training is necessary to insure that parking equipment is functioning correctly and properly maintained. The training class would be attended by our two current Parking Enforcement Meter Repair Employees. The training class will last a total of 3 days (October 30— November 1) and is being held at the POM parking equipment factory in Russellville. Arkansas. FISCAL IMPACT: Sufficient funds are currently available in the Parking Enterprise Fund Budget to accommodate the cost for this training, airfare, lodging, car rental and meals. Estimated cost for this training will be less than $3,000.00. MEETING MINUTES Regular Meeting of the Burlingame Parks&Recreation Commission Thursday,September 20,2007 The regular meeting of the Burlingame Parks&Recreation Commission was called to order by Chairman Dittman at 7:00 pm at Burlingame City Hall,501 Primrose Road,Burlingame. ROLL CALL Commissioners Present: Dittman, Muller, Hesselgren, Shanus, Larios, Castner-Paine, Comaroto Commissioners Absent: None Staff Present: Parks&Recreation Director Schwartz;MTEP Participant Brewer; Recreation Supervisor Hager Others Present: Tom Paine,Burlingame;Josie Ewing,Burlingame Director Schwartz introduced Danielle Brewer,a Recreation Services Manager from the City of San Bruno who will be working for the City of Burlingame for three months as part of the Management Talent Exchange Program(MTEP). MINUTES The Minutes of the August 16,2007 regular meeting were approved as submitted. PUBLIC COMMENTS—None NEW BUSINESS B. Recreation Center Report(This item was moved up on the agenda by Chairperson Dittman)—MTEP Brewer referenced a recent newspaper article that indicated much seismic work needs to be done on the existing Recreation Center and then listed several facts that were not present in the article. Those facts included: • Brick/masonry public buildings constructed after 1935 used steel reinforcement. The 1948 plans for the Recreation Center show the use of steel reinforcement inside the auditorium walls. • Almost no buildings constructed before 1989 meet the current seismic codes— updated after the 1994 Northridge earthquake. • San Mateo High School was built in the 1920's—nearly 25 years before the Recreation Center and before the use of steel reinforcement. • The City conducted a Facility Master Plan study in 2004 to determine the needs to City facilities,including the Recreation Center,and to prioritize those needs. • The study indicates only the Auditorium wall facing Burlingame Avenue is in need of retrofitting and did not recommend closure of the facility. • Upon receiving the report,the City Council developed Measure H to address the needs of the City's facility needs including many improvements to the Recreation Center. • While Measure H was defeated last November by less than 2 percentage points, the City Council remains committed to finding a source to fund the retrofit. Parks&Recreation Commission Minutes September 20, 2007—Page 2 Director Schwartz stated that staff's recommendation to the Commission and City Council for a new Recreation Center has continually been based on the lack of indoor recreational facilities in the City rather than in the safety of the current Center. Schwartz indicated that most cities in the Bay Area provide amenities such as a dedicated area for senior citizens to congregate, a teen facility or a City gymnasium. Commissioner Comaroto stated that the existing Center is not in compliance with the fire codes by having upstairs offices with only one route of escape and the lack of fire sprinklers throughout the facility. Commissioner Larios said that the City Council has never taken a proactive stance on constructing a new Recreation Center and pointed out how recreation facilities are a priority in other cities,citing San Carlos' Youth Center as an example. Commissioner Castner-Paine stated there is no money in the City's budget for a new Recreation Center and suggested repairs to the existing facility and then waiting until funds are available. She also suggested that the City consider the purchase of the Post Office facility as a site for a new Recreation Center. Schwartz commented that the 2001 committee on recreational facilities considered over 20 locations within Burlingame for a new Recreation Center,many of them in downtown locations. The committee's findings were that a new Center should be constructed at the west end of Washington Park to allow Center users easy access to other facilities in Washington Park and Burlingame High School such as open park space, the playground, the swimming pool and ball fields. When the committee's recommendation was discussed by the Parks&Recreation Commission, it was revised to have the new Center located immediately adjacent to the Park on Burlingame Avenue. This concept would still allow for the use of Washington Park and Burlingame High School and would also allow for more open space in the Park. The City Council approved the revised approach and had indicated their intent to place the funding for this plan on the 2002 ballot. However, due to the downturn in the economy,this was not done. Since then,the largest question related to a new Recreation Center has been whether the facility should be placed in Washington Park or can additional funds be found to purchase land adjacent to the Park. Castner-Paine made a motion that"The Parks&Recreation Commission recommends to the City Council that funds be provide within six months for retrofitting the portion of the Recreation Center that does not meet the current seismic codes". The motion was seconded by Larios and passed unanimously. Larios also stated that this motion does not address the other issues indicated in the report, such as the lack of program space,over crowded offices, lack of storage,need to improve the mechanical systems, compliance with fire codes and upgrades to the electrical systems. He repeated that the Council needs to be the advocates for a new facility and noted that he will be leaving the Commission at the end of his term to form a group that will place a new recreation center as a priority for the community. Parks&Recreation Commission Minutes September 20, 2007—Page 3 OLD BUSINESS A. Arsenic Utxlate — MTEP Brewer gave a recap of the September 176' City Council meeting presentation by representatives of the San Mateo Union High School District and State Dept of Toxic Substance Control. The current plan calls for (1) the back field to be removed beginning in the upcoming few weeks and the installation of the synthetic field to be completed by mid-February and (2) the work on the front of the School to begin in late October or early November. Sixty percent of this $40 million project will be paid for with State funds. The District also reported that they are consulting with arborists and are caring for the trees in front of the School and those along Carolan Avenue. NEW BUSINESS C. Preschool Registration Process (This item was moved up on the agenda by Chairperson Dittman to accommodate Mrs. Ewing) - Director Schwartz stated that Josie Ewing's grandchild was not placed in the lottery as a resident for the Department's preschool program at Village Park because she could not show proof that the child lived in Burlingame. Mrs. Ewing appealed the staff's action to the Director who supported the registration process and informed Mrs. Ewing that she could also appeal to the Parks & Recreation Commission. Mrs. Ewing appealed this item to the City Manager who also found the current practice as acceptable. The city manager was told that the grandchild does live with his parents in San Bruno and told Mrs. Ewing that further appeals needed to be made to the Commission. Mrs. Ewing indicated to the City Manager that she did want a hearing before the Commission. Recreation Supervisor Hager reviewed the current registration process that includes a lottery and was approved by the Commission approximately three years ago. Prior to that, the process was first come, first served and had many people camping in Village Park for more than a day prior to the start of registration. Commissioner Comaroto asked how much larger the program could grow if more space was available. Hager responded that there appears to be enough need in the community for the program to nearly double in size. She also stated that she approached the Burlingame School District a few years ago seeking space for a transitional kindergarten program. While that did not result in additional space for a city preschool program, it did lead to a partnership with Community Gatepath for an integrated program at their new facility. Commissioner Larios asked if younger children are given a priority into the program if the first child in the family is admitted to the program. Hager stated that is the policy for Village Park and nearly all other preschools. Commissioner Shanus asked how the price of the Village Park preschool program compares to the cost of other preschools in the area. Hager did not have the specific information immediately at hand, but indicated that most of the other programs are substantially more expensive that the City's program. Parks&Recreation Commission Minutes September 20, 2007—Page 4 Chairperson Dittman then opened the discussion for public comment. Josie Ewing stated that she has been a 17 year resident of Burlingame and that her daughter attended both Burlingame Intermediate School and Burlingame High School. Mrs. Ewing is the grandparent of a two year old and a six year old. The six year old was denied admission to the City's preschool program and had to be placed in a preschool elsewhere that cost much more than Burlingame's program. Her two year old grandson,Dante, stays with Mrs. Ewing 13 hours each week day and should be considered as having dual-residency in Burlingame. She stated that her daughter lives with her husband in San Bruno and has a very good job at PG&E. Mrs. Ewing watches Dante while her daughter and son-in-law are at work. Dante was considered a non-Burlingame resident and was not allowed into the lottery. She would like the children of grandparents and caregivers who live in Burlingame to be considered Burlingame residents. In response to a question from Commissioner Comaroto,Ewing stated that not allowing Dante into the lottery has been difficult for her and caused her to find another preschool. The six-year old had to attend the preschool at Our Lady of Angels at a cost of$3,500. Tom Paine,Burlingame resident, spoke to the Commission that he was unaware of the City's preschool and was very impressed by the description of the program and the process. Chairperson Dittman then closed the public comment portion of the discussion. Commissioner Shanus discussed how children are allowed to attend elementary school within the district boundaries of a caregiver. Larios responded that this situation differs in that local school districts are given funds by the State based upon the district's average daily attendance. Larios also stated that he would like to see a provision made for grandparents' residency to be considered, as more and more adults and their children are living with the grandparents. Commissioner Castner-Paine agreed saying that grandparents are different than cousins, aunts and uncles. Larios asked if grandparents can be given a weighted priority or a limited number of places in the program. Schwartz clarified that Larios was suggesting a three-tier system that would include (1)Burlingame parents or legal guardians, (2) Burlingame grandparents, (3)registration open to the public. Shanus suggested that after Burlingame parents are given time to register for the program, the program be open to both Burlingame and non-Burlingame residents to be placed on a waiting list. Hager stated that is the current policy. Shanus asked if Mrs. Ewing could have been placed on the waiting list. Hager stated that the waiting list is open throughout the year beginning the morning after the registration, but Mrs. Ewing's daughter did not wish to have Dante placed on the waiting list. Parks&Recreation Commission Minutes September 20, 2007—Page 5 Chairperson Dittman asked how you can prove that someone is a grandparent of the child, how do you prove someone is the caregiver and why not extend the residency offer to other members of the family. Caster-Paine suggested that the person registering for the program could sign an oath under penalty of perjury that they are the care-giver for the child. Schwartz reminded the Commissioners that any priority system developed will need to be something that can be enforced by the staff at the Recreation Center when someone is registering. After more discussion, a Motion by (Larios seconded by Hesseluen): "Deny the appeal and to continue with the current preschool registration policies". The motion was and was approved by a vote of 6-0-1,with Castner-Paine abstaining. Shanus asked that the preschool program fees be placed on an upcoming agenda for the Commission to consider, citing the recent ten percent increase in program fees for programs held on Burlingame School District campuses. OLD BUSINESS B. Letter regarding Women's Soccer League — Chairperson Dittman reminded the Commissioners that a letter was read to the Commission at last month's meeting from a participant in the women's soccer league who stated a high chance of injury in the program because referees allow too much contact. MTEP Brewer reported that she has spoken with staff in charge of the league and they have started a new practice of allowing the coaches to evaluate the referees after each game. She also stated that the coach of the team whose player wrote the letter dismissed the letter and the high chance of injury due to referees calls. C. Update on Walk of Fame Procedures/Process— MTEP Brewer reported that the City Council discussed the Walk of Fame procedures at their last meeting and approved the recommendation of the Commission by a vote of 5-0. NEW BUSINESS A. Tennis Court Fees—Because of the lateness of the meeting, Chairperson Dittman and Commissioner Hesselgren agreed to table this discussion until the next Commission meeting. B. Afterschool Programs—Director Schwartz stated that the additional ten percent fees are being collected by the Department and that the City and District are working on an Agreement that will describe the partnership and common programs. Parks&Recreation Commission Minutes September 20, 2007—Page 6 REPORTS/HANDOUTS A. Staff Reports 1. Schwartz read a portion of a memo from the City Manager stating that those serving on City commissions can be removed if they are absent from 33% or more of the meetings in a calendar year or if they miss four consecutive meetings. 2. Monthly Report dated September 18, 2007—attached 3. 2007-08 Revenue Report—attached B. Commissioners 1. Commissioner Hesselgren noted that one light and one motion detector do not appear to be working by the fragrance garden in Washington Park. 2. Chairperson Dittman asked why the small backstop was removed from Ray Park. (Follow-up: the small back stop at Ray Park was tipped over and in pieces. Qty staff contacted budingame Girls Softball who will be making the repairs) 3. Commissioner Shanus reported that Danny, one of the operators of the snack shack at Bayside Park, recently passed away and the League is considering donating a picnic table to the Park in Danny's memory. NEXT MEETING The next meeting of the Parks & Recreation Commission is scheduled to be held on Thursday, October 18, 2007 at 7:00 p.m. at Burlingame City Hall. There being no further business to come before the Commission, the meeting was adjourned at 10:12 pm. Respectfully submitted, Randy Schwartz Parks &Recreation Director BURLINGAME PARKS AND RECREATION DEPARTMENT Collection Report August 2007 Recreation Division 2007-08 2006-07 2005-06 Current Month COLL. YTD COLL. YTD COLL. YTD Dent Program Gross Refunds Current Net 01 Misc. Admin. (97.00) (97.00) (117.00) (14.50) 1,360.84 10 Advertising - 387.50 - 822.00 12 Tix/Bks/ArtSls 8,193.70 8,193.70 17,629.45 29,775.60 30,394.15 13 Bldg. Rental 3,543.00 3,543.00 10,673.00 7,269.00 7,846.00 Rental Deposits 725.00 1,900.00 (1,175.00) 525.00 (845.00) 575.00 16 Park Permit 325.00 - 325.00 1,275.00 1,767.50 1,700.00 1294 Pool Rental 150.00 150.00 7,894.80 175.00 9,223.00 20 Sr. Lunch - - - - - - 21 Sr. Activities 2,112.00 - 2,112.00 2,629.00 6,455.80 5,073.00 22 ITeens 1,416.00 - 1,416.00 3,038.00 3,353.00 4,464.50 23 Jr. Teen Camps 2,981.00 - 2,981.00 13,737.56 11,041.50 6,634.75 24 PFRN - - - - - - 30 Pre-school 529.00 - 529.00 39,761.00 51,134.00 44,914.00 31 Pre-Sch. Class 21,519.00 61.00 21,458.00 22,405.00 14,413.75 20,284.75 41 Lang. Arts 597.00 - 597.00 650.00 2,934.00 415.00 44 Adult Art 19,797.00 - 19,797.00 20,081.00 20,347.50 16,116.00 45 Culinary 1,149.00 - 1,149.00 1,361.00 2,086.00 1,287.50 46 Youth Art 11,655.00 - 11,655.00 15,652.05 12,416.28 5,362.75 47 Misc. Art 212.00 - 212.00 332.00 47.00 - 48 Computers 304.00 - 304.00 304.00 264.00 (12.00) 49 Enrichment 2,782.00 - 2,782.00 2,988.00 315.00 1,842.75 50 Art in Park - - 250.00 - 20.00 60 Special Classes 2,373.00 2,373.00 2,296.00 2,085.00 2,699.00 61 Fitness 9,374.50 - 9,374.50 9,822.00 9,493.00 7,503.00 62 Sport Classes 4,302.00 200.00 4,102.00 4,881.00 4,113.00 1,596.02 70 Youth Camps/Trips 5,596.00 257.00 5,339.00 24,710.00 16,412.50 10,861.10 72 Contract S rts 17,468.00 364.00 17,104.00 42,724.80 32,310.50 39,031.95 73 Youth Non-Cams 364.00 - 364.00 364.00 80 Elem. Sports 12,442.00 - 12,442.00 12,362.00 7,974.00 7,826.00 81 BIS Sports 31,282.00 - 31,282.00 31,282.00 24,630.00 19,257.00 82 Tennis Lessons 5,577.00 - 51577.00 15,169.00 15,140.25 13,441.00 83 Tennis Courts 5,536.00 - 5,536.00 6,052.00 4,710.00 5,320.00 84 Golf Classes 1,008.00 - 1,008.00 1,260.00 2,787.00 4,186.00 85 Misc. Sports 4,768.00 148.00 4,620.00 4,768.00 4,016.00 4,586.00 86 Field Lgts/Rent 3,666.75 330.00 3,336.75 5,286.75 8,085.75 8,077.50 87 Softball 740.00 - 740.00 7,354.82 4,136.00 5,064.64 88 Basketball 1,470.00 1,470.00 3,675.00 1,470.00 740.00 89 Volleyball 1,275.00 - 1,275.00 3,055.00 3,227.00 2,681.00 90 Yth A u.Class 1,448.00 242.00 1,206.00 22,669.50 26,100.00 17,817.00 91 Adlt Aqu. Class 2,431.00 - 21431.00 4,061.00 3,177.50 3,327.00 92 Lap Swim @Rec 250.00 250.00 552.00 612.00 2,128.50 93 Rec Swim - - - 1,817.00 17,016.40 Yth Schlor. Fund 5.00 - 5.00 5.00 1 56.00 113.00 Sub-totals 189,268.95 3,502.00 185,766.95 1 363,806.23 1 335,287.93 331,596.10 Pool Revenues 1 7,305.21 1 - 7,305.21 1 24,954.23 1 25,579.90 7,379.55 Recreation Totals is 196,574.16 1 $ 3,502.00 1 193,072.16 1 $ 388,760.46 1 $ 360,867.83 $ 338,975.65 Centennial Events $ 915.00 $ - 915.00 915.00 Parks Revenue - - - 50.00 Field Prep Fees - 95 Golf Cards - - - - Dept Totals $ 197,489.16 1 $ 3,502.00 1 193,987.16 1 $ 389,675.46 1 $ 360,917.83 1 $ 338,975.65 City of Burlingame - Parks & Recreation De t. 850 Burlingame Ave., Burlingame, CA 94010 `` suRLrNGAnaE - phone: (650) 558-7300 - fax: (650) 696-7216 16 a recreationkburlin ag_me org Date: September 18, 2007 To: Parks &Recreation Commissioners City Council From: Randy Schwartz Re: Monthly Report Parks Division 1. Fall season on the fields has begun for AYSO, Burlingame Soccer Club, BYBA, Coyote Lacrosse, OLA and St. Catherine's baseball, ASA girls' softball and Mercy High School, as well as BHS and BSD sports. Recreation Division Preschool 1. Fall 2007 Preschool at Village Park begins on Sept. 10& 11 -all classes are filled. Teens/Youth Programs 2. Began registration for BIS sports with 43 registered for Cross Country, 82 for Flag Football & 79 for Volleyball Adult Sports 3. Conducted a Burlingame/Foster City Wood Bat Softball Tournament with 8 teams to help raise money for the recreation scholarship fund. Senior Citizens Programs 4. Bingo and bag lunch every Tues. 20-25 people 5. Friday Drop-in Activities: movie 25+people; bridge 4 tables 6. Senior trip to Iris & Cantor Museum Stanford— 12 people 7. Emeritus Lecture Health Benefits of Chinese Medicine—20 people 8. Driver Safety class 14 people Family Programs & Miscellaneous 9. Fall 2007 Recreation Brochure was mailed to all residents of Burlingame and Hillsborough and registration began for all classes and activities. Upcoming Events 1. Movies in the Park: Sept 22—show to begin at approximately 8:OOpm 2. Centennial Events: Community Picnic—October 6"'; Scavenger Hunt—October 71' 3. Tree Planting ceremony in front of the Easton Branch Library— 1900 Easton Drive—9:30am /-�/ a CITY OF BURLINGAME PLANNING COMMISSION I URLINGAME UNAPPROVED MINUTES `. City Council Chambers 501 Primrose Road - Burlingame, California October 9, 2007 - 7:00 p.m. I. CALL TO ORDER Chair Deal called the October 9, 2007, regular meeting of the Planning Commission to order at 7:00 p.m. II. ROLL CALL Present: Commissioners Cauchi, Deal, Osterling, Terrones and Vistica Absent: Commissioners Brownrigg and Auran Staff Present: Community Development Director. William Meeker; Zoning Technician, Lisa Whitman; and City Attorney, Larry Anderson III. MINUTES Commissioner Osterling moved, seconded by Commissioner Vistica to approve the minutes of the September 24; 2007 regular meeting of the Planning Commission, with the following corrections: ■ Page 3, second bullet under"Additional Commission comments", add "set' between "not" and "a". • Page 9, second bullet under "Public comments", change "Dahl" to "Gaul'. ■ Page 9, third bullet under"Comments in support of policy", after the last word ("people") add: "and stimulate awareness of what is happening in the community'. • Page 11, under"Commissioners' Reports", first line, change "Greet" to "Green". Motion passed 5-0-2 (Commissioners Brownrigg and Auran absent). IV. APPROVAL OF AGENDA There were no changes to the agenda. V. FROM THE FLOOR There were no public comments. VI. STUDY ITEMS 1. 79 LOMA VISTA DRIVE, ZONED R-1 — APPLICATION FOR PARKING DIMENSION VARIANCE FOR REDUCTION IN PARKING SPACE LENGTH FOR AN INTERIOR REMODEL (BILL GUAN, APPLICANT AND DESIGNER; AND JOSEPHINE TAM, PROPERTY OWNER) PROJECT PLANNER: ERICA STROHMEIER Community Development Director Meeker presented a summary of the staff report. Commission comments: ■ Choose an alternative approach to the steps in the garage to increase the depth of the parking space. ■ Provide plans showing what has been built, versus what was approved by the Commission versus what was approved with the building permit issuance. 1 City of Burlingame Planning Commission Unapproved Minutes October 9,2007 This item was set for the regularAction Calendar when all the information has been submitted and reviewed —� by the Planning Department. This item concluded at 7:08 p.m. VII. ACTION ITEMS Consent Calendar-Items on the Consent Calendar are considered to be routine. They are acted upon simultaneously unless separate discussion and/or action is requested by the applicant, a member of the public or a Commissioner prior to the time the Commission votes on the motion to adopt. Chair Deal asked if anyone in the audience or on the Commission wished to call any item off the consent calendar. There were no requests. 2. 717 VERNON WAY,ZONED R-1—APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING(DANIEL EWALD,APPLICANT AND ARCHITECT; BARRY SUDBECK AND JENNIFER HERTZ, PROPERTY OWNERS) PROJECT PLANNER: ERICA STROHMEIER Commissioner Cauchi recused himself from voting on this item since he resides in the vicinity of the project. Commissioner Terrones moved approval of the Consent Calendar based on the facts in the staff report, Commissioner's comments and the findings in the staff report with recommended conditions in the staff report and by resolution. The motion was seconded by Commissioner Osteriing. Chair Deal called for a voice vote on the motion and it passed 4-0-2-1 (Commissioners Brownrigg and Auran absent, Commissioner Cauchi recused). Appeal procedures were advised. VIII. REGULAR ACTION ITEMS 3. 1775 ESCALANTE WAY,ZONED R-1—APPLICATION FOR DESIGN REVIEW AND HILLSIDE AREA CONSTRUCTION PERMIT FOR A FIRST AND SECOND STORY ADDITION TO A SINGLE FAMILY DWELLING (ROBERT MEDAN, APPLICANT AND ARCHITECT; WADE AND ELIZABETH LAI, PROPERTY OWNERS) PROJECT PLANNER: LISA WHITMAN Reference staff report dated October 9,2007,with attachments. Zoning Technician Whitman presented the report,reviewed criteria and staff comments. Eleven(11)conditions were suggested for consideration. Chair Deal opened the public hearing. Robert Medan,1936 Los Altos Drive,San Mateo;represented the applicant. • Received response from neighbor at 1781 Escalante Way(property to the right,owned by Mabardy) last Thursday;he requested that the windows facing his property be changed further to increase the sill height. The applicant is willing to discuss further modification of windows. Commission comments: • Addition looms over the neighbor to the right side. • Move deck toward center and make it accessible from the office, rather than off of the master bedroom to reduce impacts on neighbor. • Bay appendage,would have looked better if it did not stick out;could pop out bathroom to project at same point. • Step between master bedroom and office that appears on the floor plan but does not appear on the rear elevation,correct discrepancy. 2 City of Burlingame Planning Commission Unapproved Minutes October 9, 2007 Public comments: Andy Mabardy, 1781 Escalante Way, Burlingame; his parents own the home next door. In the neighborhood, second floor additions typically do not have windows facing ranch homes next door. The window sills haven't been raised enough to reduce privacy impacts. The plans misrepresent the relationship of the applicant's house to his parent's home; his parent's property projects out at the rear another 21-feet beyond applicant's home. Referenced photos he provided to Commission showing relationship between properties. The privacy screen is ineffective given that his parent's home projects beyond the applicant's property in rear. Additional Commission comments: • Install 18-inch high windows, and obscured glass in bathroom. • Addition handled well from the front; compatible with neighborhood. • Concern regarding preservation of neighbor's privacy and adequacy of privacy screen. • Move wall of bedroom back possibly two feet and relocate deck to the left to reduce neighbor impacts; deck is more of an impact. Privacy glass on deck is not a good solution, relocate the deck so that it is oriented and accessed from the office. Commissioner Terrones moved to continue the matter with direction to the applicant to simplify the front elevation;address the location of and access to the deck, if it is at the level of the masterbedroom it should be focused off of the office area; reduce depth of addition by at least 2-feet. The item should be placed on the Consent Calendar when ready. The motion was seconded by Commissioner Osterling. Chair Deal called for a voice vote on the motion to approve. The motion passed 5-0-2 (Commissioners Brownrigg and Auran absent). Appeal procedures were advised. This item concluded at 7:42 p.m. 4. 1320 SKYVIEW DRIVE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION TO AN EXISTING SINGLE FAMILY DWELLING (SAMUEL AND ELAINE WONG, APPLICANTS AND PROPERTY OWNERS; AND T. PETER LAM, AIA ARCHITECTS, ARCHITECT) PROJECT PLANNER: LISA WHITMAN Reference staff report dated October 9, 2007,with attachments. Zoning Technician Whitman presented the report, reviewed criteria and staff comments. Ten (10) conditions were suggested for consideration. Chair Deal opened the public hearing. Peter Lam, 848 Folsom Street, Suite 102, San Francisco, represented the applicant. Commission comments: • Addition will be fairly obscured by mature vegetation. • Wouldn't be comfortable approving vinyl windows without a sample. • The two section plans are at different scales. • Show pitch of roof accurately, 4 to 12 pitch is probably more appropriate. • Important that windows match the quality of the residence. • Show water table detail at bottom of wood siding. 3 City of Burlingame Planning Commission Unapproved Minutes October 9, 2007 Public comments: Pat Giorni, 1445 Balboa Avenue, Burlingame; expressed concerned about the vinyl windows. She would like to see a sample. Additional Commission comments: • Would like to see item continued to permit the applicant to produce a sample of the windows to be installed. Commissioner Cauchi moved to continue the matter with direction to the applicant to produce a sample of the proposed windows, resolve the pitch of roof, and add the water table to drawings. The motion was seconded by Commissioner Osterling. Chair Deal called for a voice vote on the motion to approve. The motion passed 5-0-2 (Commissioners Brownrigg and Auran absent). Appeal procedures were advised. This item concluded at 7:57 p.m. 5. 3105 MARGARITA AVENUE, ZONED R-1 —APPLICATION FOR DESIGN REVIEW, HILLSIDE AREA CONSTRUCTION PERMIT AND VARIANCES FOR UPPER AND LOWER LEVEL ADDITIONS TO A SINGLE FAMILY DWELLING(MIKE AND AMY KERWIN,APPLICANTS AND PROPERTY OWNERS;AND JOHN MANISCALCO, ARCHITECT) PROJECT PLANNER: LISA WHITMAN Reference staff report dated October 9, 2007,with attachments. Zoning Technician Whitman presented the report, reviewed criteria and staff comments. Eleven (11) conditions were suggested for consideration. Chair Deal opened the public hearing. Mike Kerwin and Amy Penticoff, 3105 Margarita Avenue, Burlingame and John Maniscalco, 1501 Waller Street, San Francisco; represented the applicant. • Story poles are completed and surveyed, stumps of removed trees have been ground; and they are in the process of communicating with neighbor regarding replacement of fence. Commission comments: • Six-inch change of plane on dining room area is not clearly reflected in story poles. Would it be possible to pull that corner in by an additional six-inches. Public comments: Joyce and Frank Sulgit, 1560 Los Montes Drive, Burlingame; Helaine Darling, 3100 Margarita Drive, Burlingame; Brian and Linda Murphy, 3101 Margarita Drive, Burlingame; Pat Giorni, 1445 Balboa Avenue, Burlingame; commented on the project. Sulgits are now having a difficult time giving up the view since the trees are now gone, and story poles are now up. They are losing the views of planes landing and the Mount Diablo range view. Encouraged a reduction in the height and depth of the addition to further preserve views. The design doesn't fit in with the neighborhood. The Variance doesn't meet the findings for approval. Repair of fence adjacent to downhill neighbor should be a condition of approval. Has the Parks and Recreation Department been involved in the tree removal. The three required replacement trees should not impact views. Commented on the applicant's contractor's license. There were no further comments and the public hearing was closed. Additional Commission comments: 4 City of Burlingame Planning Commission Unapproved Minutes October 9, 2007 • Questioned ceiling heights—8' 6" in some rooms, 9' 6" in other rooms. • Drawing submitted by neighbor, dated August 10"', shows different window pattern and higher chimney than in current plans—no chimney proposed—direct vent. • With respect to the ceiling height at the rear portion of the dining room; there is still a small amount of view blockage; could leave exterior wall and ceiling height, but have the clerestory portion step back 30 inches to preserve view, while still maintaining an 8' 1" height for the rear portion of the room. Commissioner Terrones moved to continue the matter until the meeting of October 22, 2007, with direction to the applicant to: reduce the window wall of the dining room to 8' 1" while stepping back the clerestory portion of the room 30 inches from the rear wall, in order to preserve the uphill neighbor's view,-plant three (3)additional trees on the property, select species and location to minimize view obstruction, but maintain them at a height that does not impact views, and repair the downhill neighbor's fence. The matter is to be placed on the October 22 n Consent Calendar for action. The motion was seconded by Commissioner Osterling. Chair Deal called for a voice vote on the motion to approve. The motion passed 5-0-2 (Commissioners Brownngg and Auran absent). Appeal procedures were advised. This item concluded at 8:42 p.m. 6. 3121 MARGARITA AVENUE—ZONED R-1 —APPLICATION FOR AMENDMENT TO DESIGN REVIEW FOR A FIRST AND SECOND STORY ADDITION (MYRA HO, ABR ARCHITECTS, APPLICANT AND DESIGNER: EUGENE LAI, PROPERTY OWNER) PROJECT PLANNER: RUBEN HURIN Reference staff report dated October 9,2007,with attachments. Community Development Director Meeker presented the report, reviewed criteria and staff comments. Ten (10) conditions were suggested for consideration. Chair Deal opened the public hearing. Eugene Lai, 3121 Margarita Avenue, Burlingame; represented the applicant. • He indicated that he wishes to install a metal rail on the porch rather than a wood rail, but the project otherwise conforms to Design Reviewer's comments. Commission comments: • A railing doesn't make any sense; columns would make more sense on the porch. Public comments: Brian Murphy, 3101 Margarita Drive, Burlingame; and Pat Giorni, 1445 Balboa Avenue, Burlingame; commented on the project. The Commission was complemented on their diligence in ensuring designs are consistent with neighborhoods. The design wouldn't have been approved under the current process; the shutters should be installed, the stucco trim should be replaced with wood trim. Additional Commission comments: • Shutters need to be installed. Railing is unnecessary on front porch; install columns. • Window on front, to left of door needs to be installed per the approved plan. • The home should be built as originally approved. 5 City of Burlingame Planning Commission Unapproved Minutes October 9, 2007 Commissioner Vistica moved to approve the application, by resolution, with the following amended conditions: 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped May 2, 2003, sheets A1.0 through A3.3, and date stamped September 21, 2007, sheets A1.0 and A3.0, and that any changes to building materials, exterior finishes, footprint or floor area of the building shall require an amendment to this permit; 2. that the window on the front elevation,to the left of the entry, shall be replaced with a window design and size as shown on the originally approved plans; 3. that shutters shall be added to all windows, consistent with the originally approved plans; 4. that substantial columns (total of 2) shall be added to the front porch in lieu of a railing; 5. that any changes to the size or envelope of the basement, first or second floors, or garage, which would include adding or enlarging a dormer(s), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to Planning Commission review; 3. that prior to scheduling the framing inspection, the project architect, engineer or other licensed professional shall provide architectural certification that the architectural details such as window locations and bays are built as shown on the approved plans; if there is no licensed professional involved in the project, the property owner or contractor shall provide the certification under penalty of perjury; 4. that prior to final inspection, Planning Department staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built ''1 according to the approved Planning and Building plans; 5. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single termination and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 6. that the conditions of the City Engineer's and the Recycling Specialist's April 29, 2002, memos shall be met; 7. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management and Discharge Control Ordinance; 8. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height; 9. that the height of the story poles shall be verified by a licensed surveyor and that during construction the framing of the second floor, the second story plate line, and the roof ridge shall be re-surveyed by a licensed surveyor and submitted to the City Engineerfor verification at each step,and that if the framing is different than the approved plans and approved story poles, the construction shall be corrected or the project shall be reviewed by the Planning Commission; and 10. that any improvements for the use shall meet all California Building and Fire Codes, 1998 Edition as amended by the City of Burlingame. The motion was seconded by Commissioner Terrones. 6 City of Burlingame Planning Commission Unapproved Minutes October 9, 2007 Chair Deal called for a voice vote on the motion to approve. The motion passed 5-0-2 (Commissioners Brownrigg and Auran absent). Appeal procedures were advised. This item concluded at 8:59 p.m. 7. 3066 HILLSIDE DRIVE, ZONED R-1 —APPLICATION FOR AMENDMENT TO DESIGN REVIEW AND HILLSIDE AREA CONSTRUCTION PERMIT FOR CHANGES TO A PREVIOUSLY APPROVED FIRST AND SECOND STORY ADDITION (MICHAEL MA, APPLICANT AND ARCHITECT; MIMI SIEN, PROPERTYOWNER) PROJECTPLANNER: ERICA STROHMEIER(continued from August 27, 2007 Planning Commission meeting) Reference staff report dated October 9, 2007,with attachments. Community Development Director Meeker presented the report, reviewed criteria and staff comments. Eleven (11) conditions were suggested for consideration. Chair Deal opened the public hearing. Michael Ma, 20660 Stevens Creek Boulevard, Suite 169, Cupertino; and David Lan, 3066 Hillside Drive, Burlingame; represented the applicant. Commission comments: • The area near the oak tree in the front yard was not paved originally, but it is now paved. • Enclosure of deck on the rear was not a good solution. • What is being proposed does not quite work,just making changes to front of house is not consistent with the design guidelines. • Send the project to a design reviewer to see what can be done to make the best of the situation. Concern about lack of siding on all sides. Public comments: Pat Giorni, 1445 Balboa Avenue, Burlingame; indicated that the applicant attended an owner/builder workshop sponsored by the City of Burlingame and that the workshop was quite detailed, particularly with respect to amendment procedures. There were no further comments and the public hearing was closed. Additional Commission comments: • Applicant's approach was rude and untenable; would support completing project as originally designed and approved. • Transom windows on rear of property not a necessity, given the impact of installing them at this point given the roof truss design. • Send the project to a design reviewer with direction to identify solutions that will take the design back as close as possible to original approved design. Commissioner Cauchi moved to send the project to a design reviewer, with specific direction to identify design solutions that will take the design back as close as possible to the original design,identify elements that will break up the rear elevation;and the design reviewer should listen to the recorded discussion of this matter to gain an understanding of the Commission's concerns. The Commission reserves the right to deny the project even after design reviewer input is received. The motion was seconded by Commissioner Vistica. 7 City of Burlingame Planning Commission Unapproved Minutes October 9, 2007 Chair Deal called for a voice vote on the motion to approve. The motion passed 5-0-2 (Commissioners Brownrigg and Auran absent). Appeal procedures were advised. This item concluded at 9:34 p.m. -� 8. 1316 DRAKE AVENUE,ZONED R-1 -APPLICATION FOR DESIGN REVIEW FOR ANEW TWO-STORY SINGLE FAMILY DWELLING WITH DETACHED GARAGE (YEVGENY DUBINSKY, APPLICANT AND PROPERTY OWNER, AND BOBROWSKY & COOK, ARCHITECTS) PROJECT PLANNER: ERICA STROHMEIER Reference staff report dated October 9, 2007,with attachments. Community Development Director Meeker presented the report, reviewed criteria and staff comments. Twelve (12) conditions were suggested for consideration. Chair Deal opened the public hearing. Richard Cook, 791 Widgeon Street, Foster City, represented the applicant. Commission comments: • Perhaps make garage a bit higher to match pitch of main dwelling. • Vents along south elevation; can't have openings along that property line. • Veneer projecting out on north side elevation is a drafting error. • Stoop needs to show a guard rail and hand rail. • Questioned the finish of the dormer on north elevation. • Slider-style windows don't fit the style of the house; double hung or casement windows would look better. • Massing is done well. • Suggested an automatic gate. • Correct minor design details lacking on plans. Public comments: Alison Russell, 1309 Cabrillo Avenue, Burlingame; the proposed new structure is behind her home. Concerned about the proposal to exceed the height limit. Doing so would cut out her view of the sky from her master bedroom and office. Is there a necessity for a balcony at rear of house? Could it be turned into a window with a higher sill, or designed so as not to look into her bedroom? Requested 48-inch box trees, perhaps 3 rather than 2 trees. Design is not consistent with the neighborhood character. She requested story poles for second floor balcony in particular. Additional Commission comments: • Encouraged smaller landscape materials (24-inch box) initially since they would grow more rapidly than 48-inch box specimens. Further Commission comments: • Supportive of Special Permit for height, because of the architectural style of house. Keeps in line with changes that are occurring in Easton Addition. • Agreement with window concerns; no sliders. There were no further comments and the public hearing was closed. -� Commissioner Vistica moved to approve the application, by resolution, with the following amended conditions: 8 City of Burlingame Planning Commission Unapproved Minutes October 9, 2007 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped September 26, 2007, sheets C-1.1 through A-3.1, and that any changes to building materials, exterior finishes,footprint or floor area of the building shall require an amendment to this permit; 2. that the landscape plan shall include 24-inch box trees; 3. that the windows shall not be "slider"design, but shall be either casement or double-hung design; 4. that the rail on the rear balcony shall be of a solid design to preserve the neighbor's privacy; add brackets or corbels below the deck to add visual support; 5. that an automatic gate shall be installed at the driveway entry; 6. that the conditions of the Chief Building Official's and Fire Marshall's April 23, 2007 memos,the City Engineer's April 24, 2007 memo, and the NPDES Coordinator's April 25, 2007 memo shall be met; 7. that demolition for removal of the existing structures and any grading or earth moving on the site shall not occur until a building permit has been issued and such site work shall be required to comply with all the regulations of the Bay Area Air Quality Management District; 8. that any changes to the size or envelope of the basement, first or second floors, or garage, which would include adding or enlarging a dormer(s), moving or changing windows and architectural features or changing the roof height or pitch, shall be subject to Planning Commission review; �-' 9. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single termination and installed on the portions of the roof not visible from the street; and that these venting details shall be included and approved in the construction plans before a Building permit is issued; 10. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan and meet recycling requirements; any partial orfull demolition of a structure, interior orexterior, shall require a demolition permit; 11, that during demolition of the existing residence, site preparation and construction of the new residence, the applicant shall use all applicable "best management practices" as identified in Burlingame's Storm Water Ordinance,to prevent erosion and off-site sedimentation of storm water runoff; 12. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, 2001 Edition, as amended by the City of Burlingame; THE FOLLOWING CONDITIONS SHALL BE MET DURING THE BUILDING INSPECTION PROCESS PRIOR TO THE INSPECTIONS NOTED IN EACH CONDITION: 13. that prior to scheduling the foundation inspection, a licensed surveyor shall locate the property comers,set the building footprint and certify the first floor elevation of the new structure(s)based on the elevation at the top of the form boards per the approved plans;this survey shall be accepted by the City Engineer; 14. that prior to scheduling the framing inspection the project architect or residential designer, or another architect or residential design professional, shall provide an architectural certification that the architectural details shown in the approved design which should be evident at framing, such as 9 City of Burlingame Planning Commission Unapproved Minutes October 9, 2007 window locations and bays, are built as shown on the approved plans; architectural certification documenting framing compliance with approved design shall be submitted to the Building Division -•� before the final framing inspection shall be scheduled; 15. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height of the roof ridge and provide certification of that height to the Building Department; and 16, that prior to final inspection, Planning Department staff will inspect and note compliance of the architectural details (trim materials, window type, etc.) to verify that the project has been built according to the approved Planning and Building plans. The motion was seconded by Commissioner Osterling. Chair Deal called for a voice vote on the motion to approve. The motion passed 5-0-2 (Commissioners Brownrigg and Auran absent). Appeal procedures were advised. This item concluded at 10:05 p.m. IX. DESIGN REVIEW STUDY ITEMS 9. 1104 BALBOA AVENUE, ZONED R-1 —APPLICATION FOR DESIGN REVIEW FOR A NEW SINGLE FAMILY DWELLING AND DETACHED GARAGE (JAMES CHU, CHU DESIGN & ENGINEERING, APPLICANT AND DESIGNER; AND ALVIN YANG, PROPERTY OWNER) PROJECT PLANNER: LISA WHITMAN Zoning Technician Whitman briefly presented the project description. Noted that address was officially changed to 1102 Balboa Avenue. There were no questions of staff. Chair Deal opened the public comment period. James Chu, 55 West 43rd Avenue, San Mateo; represented the applicant. He noted that the project is a "spec" home. Commission comments: • Why do all bedrooms have their own bathroom? • Bathrooms for each bedroom leads to detachment; from family, neighborhood and community. • Install automatic gate at driveway entry far enough back to permit a vehicle to be parked outside the gate. • Have landscape architect look at installing an additional Bay Laurel in comer where the existing tree is to be removed in the rear yard. Public comments: Pat Giorni, 1445 Balboa Avenue, Burlingame; and Greg Schwager, 1106 Balboa Avenue, Burlingame; commented on the project. Encouraged elimination of side patio access; it is an impact upon the neighbor's privacy. Additional Commission comments: • The patio design is acceptable. • Add an additional Bay Laurel tree in the rear yard. • Move the gate at the driveway entry to ensure that space exists for parking of one car outside the gate. The gate shall be automatic. Commissioner Cauchi made a motion to place the item on the Consent Calendar when complete. 10 City of Burlingame Planning Commission Unapproved Minutes October 9, 2007 Further Commission comments: • Commissioner Terrones objected to floor plan; having a bathroom associated with each bedroom. This motion was seconded by Commissioner Osteding. Chair Deal called fora vote on the motion to place this item on the regularAction Calendar when plans had been revised as directed. The motion passed on a voice vote 4-1-2(Commissioners Brownrigg and Auran absent). The Planning Commission's action is advisory and not appealable. This item concluded at 10:25 p.M. 10. 2538 HAYWARD DRIVE, ZONED R-1 — APPLICATION FOR DESIGN REVIEW, HILLSIDE AREA CONSTRUCTION PERMIT, SIDE SETBACK VARIANCE AND PARKING DIMENSION VARIANCE FORA FIRST AND SECOND STORY ADDITION (AUDREYTSE, INSITE DESIGN,APPLICANT AND DESIGNER; AND STEVE AND SHANNON CANNON PROPERTY OWNER) PROJECT PLANNER: LISA WHITMAN Zoning Technician Whitman briefly presented the project description. There were no questions of staff. Commissioner Cauchi reported that he met with the property owner at the site. Chair Deal opened the public comment period. Steve Cannon, 2538 Hayward Drive and Audrey Tse, 1534 Plaza Lane, Suite 318, Burlingame; represented the applicant. Shape of the lot restricts the design. • Had a choice to use up the front-yard, or install a second-story. • Variances address existing conditions. • Large covered porch area will remain; this takes up a lot of lot area. • Technically six bedrooms; play room next to kitchen counts as a bedroom. • Fairly steep slope on lot. • Neighborhood around has beautiful views; they do not enjoy view due to sighting of home; reason for deck. • Have moved mechanical equipment out of garage that will free up garage to be used for such its intended purpose. Commission comments: • Well crafted design. • Wood siding design is a nice feature, be certain that it is carried through on all elevations. • Correct drafting errors. • Note finish of base of columns. • Provide more detail regarding the garage doors. • Show that wood siding will go around the corners of the dormer on the right side elevation. • Install story poles. • The steps in the garage that encroach into the parking space need to be revised to eliminate the encroachment; there is no justification for the Variance for this element. • Show handrail on stairs on rear elevation. • Show downspouts for gutters and where runoff will be directed. Public comments: There were no other comments from the floor and the public hearing was closed. 11 City of Burlingame Planning Commission Unapproved Minutes October 9, 2007 Commissioner Terrones made a motion to place the item on the regularAction Calendar when complete. This motion was seconded by Commissioner Osterfing. Chair Deal called fora vote on the motion to place this item on the regularAction Calendar when plans had been revised as directed. The motion passed on a voice vote 5-0-2(Commissioners Brownrigg and Auran absent). The Planning Commission's action is advisory and not appealable. This item concluded at 10:51 p.m. X. COMMISSIONERS' REPORTS There were no Commissioner's Reports. XI. DIRECTOR'S REPORT • Commission Communications—Community Development Director Meeker noted: • That staff is reviewing options relative to public noticing cards, particularly a more noticeable color and perhaps larger size, without impacting the postage rate. • Work is proceeding with implementation of the on-site posting policy for design review projects. There is some "ramp-up" work that needs to be completed (e.g. purchasing materials, printing of signs, etc.). ■ Reminded the Commission of the Downtown Specific Plan Kick-Off MeetingNisioning Workshop scheduled for Wednesday, October 10, 2007 from 7 p.m. to 9 p.m. in the Lane Room of the Main Library. • City Council regular meeting of October 1, 2007—Community Development Director Meeker noted: • Ordinances related to amendments to the Condominium Regulations, EI Camino North and Trousdale West Zones, and parking standards for animal shelters facilities were introduced by the Council for adoption. XII. ADJOURNMENT Chair Deal adjourned the meeting at 10:58 p.m. Respectfully submitted, Richard Terrones, Secretary 12 �. City of Burlingame SEPTEMBER PERMIT ACTIVITY "Permit activity was significantly slower than September 2006. No permits were issued for new single family dwellings. In September 2006 four permits were issued for new homes. The valuation for non-residential alterations was much lower than last year. ""A pre-application was held for a proposed new commercial building at 260 EI Camino Real. THIS MONTH THIS MONTH LAST YEAR DIFF F. Y. 2007 F. Y.2006 DIFF Permit Type # # % # # % WATER HEATER 2 3,100 6 7,877 -61 13 18,441 11 13,070 41 SWIMMING POOL 3 47,000 1 75500 527 SIGN 5 26,180 7 49,100 -47 11 37,755 18 745895 -50 ROOFING 27 310,622 30 3745606 -17 78 19105,560 97 15465,690 -25 RETAINING WALL 1 162,020 1 162,020 PLUMBING 12 333600 13 36,799 -9 39 162,576 54 1463465 11 NEW SFD 4 15994,000 2 15300,000 6 3,1343000 -59 NEW COMMERCIAL NEW 5 UNIT APT OR CO NEW 3 OR 4 UNIT APT MECHANICAL 6 38,348 2 243800 55 12 795783 10 191,510 -58 KITCHEN UPGRADE 5 15500 2 58,600 165 15 506,900 11 428,100 18 FURNACE 1 29000 2 6,875 1 109847 -37 ELECTRICAL SERVICE 2 261000 10 68,400 8 189750 265 City of Burlingame SEPTEMBER PERMIT ACTIVITY THIS MONTH THIS MONTH LAST YEAR DIFF F. Y. 2007 F. Y.2006 DIFF Permit Type # # % # # % ELECTRICAL 1 900 4 18,900 -95 13 21,289 14 47,475 -55 BATHROOM UPGRADE 5 66,885 3 54,500 23 18 296,885 14 237,000 25 ALTERATION RESIDENTI 31 1,980,462 27 1,572,942 26 106 5,586,410 96 4,304,003 30 ALTERATION NON RES 6 366,690 6 3,386,000 -89 26 8,412,840 21 5,517,000 52 Totals: 103 3,009,787 105 7,740,144 -61 348 17,650,714 363 15,758,325 12 CITY OF BURLINGAME Portfolio Management Portfolio Summary September 30, 2007 Par Market Book %of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. LAIF&County Pool 16,664,021.19 16,664,021.19 16,664,021.19 52.62 1 1 4.979 5.049 Federal Agency Issues-Coupon 15,000,000.00 15,056,480.00 15,004,501.60 47.38 1,431 1,105 5.059 5.130 31,664,021.19 31,720,501.19 31,668,522.79 100.00% 679 524 5.017 5.087 Investments _ Total Earnings September 30 Month Ending Fiscal Year To Date Current Year 139,615.41 443,922.97 Average Daily Balance 33,002,183.74 34,677,635.40 Effective Rate of Return 5.15% 5.080% Pursuant to State law,there are sufficient available funds to meet Burlingame's expenditure requirements for the coming 6 months. Total funds invested represent consolidation of all fund types,and availability of some of the funds is restricted by law(e.g.Gas Tax,Trust&Agency funds,Capital Projects,and Enterprise funds). JESUS NAVA, INANCE DIR./TREASU ER Reporting period 09/01/2007-09/30/2007 Portfolio CITY CP Run Date:10/10/2007-12:50 PM(PRF_PM1)SymRept 6.41_202a Report Ver.5.00 CITYOF BURLINGAME Portfolio Management Page 2 Portfolio Details - Investments September 30, 2007 Average Purchase Stated YTM Days to Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Moody's 365 Maturity Date LAIF&County Pool SYS77 77 LOCAL AGENCY INV.FD. 12,387,953.16 12,387,953.16 12,387,953.16 5.231 5.231 1 SYS79 79 S M COUNTY POOL 4,276,068.03 4,276,068.03 4,276,068.03 4.520 Aaa 4.520 1 Subtotal and Average 17,564,348.80 16,664,021.19 16,664,021.19 16,664,021.19 5.049 1 Federal Agency Issues-Coupon 31331XB35 536 FEDERAL FARM CREDIT BANK 06/04/2007 1,000,000.00 1,006,560.00 1,000,000.00 5.600 5.600 1,708 06/04/2012 3133XDGM7 519 FEDERAL HOME LOAN BANK 10/24/2005 1,000,000.00 1,000,310.00 1,000,000.00 5.000 Aaa 4.817 389 10/24/2008 3133XDNL1 520 FEDERAL HOME LOAN BANK 11/17/2005 1,000,000.00 1,000,630.00 1,000,000.00 5.000 Aaa 5.000 413 11/17/2008 3133XE2W8 521 FEDERAL HOME LOAN BANK 12/28/2005 1,000,000.00 1,000,000.00 1,000,000.00 5.000 Aaa 5.000 88 12/28/2007 3133XJ6FO 531 FEDERAL HOME LOAN BANK 12/20/2006 1,000,000.00 1,002,190.00 1,000,000.00 5.025 Aaa 5.025 1,176 12/20/2010 3133XKKM6 533 FEDERAL HOME LOAN BANK 04/23/2007 1,000,000.00 1,003,750.00 1,000,000.00 5.250 Aaa 5.250 935 04/23/2010 3133XKL94 534 FEDERAL HOME LOAN BANK 04/23/2007 1,000,000.00 1,009,690.00 1,000,000.00 5.250 Aaa 5.250 1,666 04/23/2012 3133XKU37 535 FEDERAL HOME LOAN BANK 05/30/2007 2,000,000.00 2,009,380.00 2,000,000.00 5.450 Aaa 5.450 1,703 05/30/2012 3133XL5L3 537 FEDERAL HOME LOAN BANK 06/08/2007 1,000,000.00 1,004,690.00 998,501.60 5.250 Aaa 5.330 612 06/04/2009 3128X5LP1 529 FEDERAL HOME LOAN MORTG.CORP. 10/06/2006 1,000,000.40 1,003,260.00 1,000,000.00 5.250 Aaa 5.250 1,466 10/06/2011 3128X5SU3 532 FEDERAL HOME LOAN MORTG.CORP. 12/29/2006 1,000,OQO.00 1,001,830.00 1,000,000.00 5.220 Aaa 5.220 1,184 12/28/2010 3128X6AZ9 538 FEDERAL HOME LOAN MORTG.CORP. 08/30/2007 1,000,000.00 1,010,210.00 1,006,000.00 5.400 Aaa 5.254 1,708 06/04/2012 3136F6FZ7 516 FANNIE MAE 10/18/2004 1,000,000.00 999,380.00 1,000,000.00 3.820 Aaa 3.547 17 10/18/2007 3136F8RX5 539 FANNIE MAE 09/05/2007 1,000,000.00 1,004,600.00 1,000,000.00 5.500 Aaa 5.500 1,801 09/05/2012 Subtotal and Average 15,437,834.93 15,000,000.00 15,056,480.00 15,004,501.60 5.130 1,105 Total and Average 33,002,183.74 ;31,664,021.19 31,720,501.19 31,668,522.79 5.087 524 Portfolio CITY CP Run Date:10/10/2007-12:50 PM(PRF_PM2)SymRepl 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 3 Portfolio Details - Cash September 30, 2007 Average Purchase Stated YTM Days to CUSIP Investment# Issuer Balance Date Par,Value, Market Value Book Value Rate Moody's 365 Maturity Average Balance 0.00 0 Total Cash and Investmentss 33,002,183.74 31,664,021.19 31,720,501.19 31,668,522.79 5.087 524 Portfolio CITY CP Run Date:10/10/2007-12:50 _ PM(PRF_PM2)SymRepl 6.41.202a CITY OF BURLINGAME Portfolio Management Page 4 Activity By Type September 1, 2007 through September 30, 2007 Beginning Stated Transaction ' Purchases Redemptions Ending CUSIP Investment# Issuer Balance Rate Date or Deposits or Withdrawals Balance LAIF&County Pool (Monthly Summary) SYS79 79 S M COUNTY POOL 4.520 15,272.19 1,050,000.00 Subtotal 17,698,749.00 15,272.19 1,050,000.00 16,664,021.19 Federal Agency Issues-Coupon 3133XGQM9 528 FEDERAL HOME LOAN BANK 5.400 09/18/2007 0.00 1,000,000.00 3136F8RX5 539 FANNIE MAE 5.500 09/05/2007 1,000,000.00 0.00 Subtotal 15,004,501.60 1,000,000.00 1,000,000.00 15,004,501.60 Total 32,703,250.60 1,015,272.19 2,050,000.00 31,668,522.79 Portfolio CITY CP Run Date:10/10/2007-12:50 PM(PRF_PM3)SynnRept 6.41_202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 5 Activity Summary September 2006 through September 2007 Yield to Maturity Managed Number Number Month Number of Total 360 365 Pool of Investments of Investments Average Average End Year Securities Invested Equivalent Equivalent Rate Purchased Redeemed Term Days to Maturity September 2006 14 30,514,724.43 4.326 4.386 4.500 1 3 379 158 October 2006 15 29,368,136.07 4.375 - 4.435 4:533 1 0 456 210 November 2006 14 26,276,897.39 4.464 4.526 4.812 0 1 496 211 December 2006 15 30,496,489.44 4.455 4.517 4.691 3 2 506 267 January 2007 14 29,678,426.66 4.672 4.737 4.780 0 1 410 260 February 2007 13 31,235,440.74 4.788 4.855 4.970 0 1 385 237 March 2007 13 31,665,460.80 4.825 4.892 5.024 0 0 380 223 April 2007 13 34,250,399.91 4.899 4.967 5.027 2 2 401 282 May 2007 14 36,803,146.43 4.906 4.974 4.995 1 0 472 352 June 2007 15 36,293,438.53 4.981 5.050 5.010 2 1 524 416 July 2007 15 34,975,633.40 5.031 5.101 5.093 0 0 544 419 August 2007 16 32,703,250.60 5.021 5.090 5.063 1 0 635 488 September 2007 16 31,668,522.79 5.017 5.087 5.049 1 1 679 524 Average 14 31,994,612.86 4.751% 4.817% 4.888 1 1 482 311 Portfolio CITY CP Run Dale:10/10/2007-12:50 - - PM(PRF_PM4)SyrnRepl 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 6 Distribution of Investments By Type September 2006 through September 2007 September October November December January February March April May June July August September Average Security Type 2006 2006 2006 2006 2007 2007 2007 2007 2007 2007 2007 2007 2007 by Period LAW&County Pool 54.2 49.0 46.8 52.5 61.3 64.8 65.3 67.9 64.7 61.4 60.0 54.1 52.6 58.0% Certificates of Deposit-Bank Certificates of Deposit-S&L Certificates of Deposit-Thrift&Ln Negotiable CD's-Bank CORP NOTES _ Bankers Acceptances Commercial Paper-Interest Bearing Commercial Paper-Discount _ Federal Agency Issues-Coupon 44.2 49.4 51.4 45.9 37.1 35.2 34.7 32.1 35.3 38.6 40.0 45.9 47.4 41.3% Federal Agency Issues-Discount 1.6 1.6 1.8 1.6 1.6 0.6% Treasury Securities-Coupon Treasury Securities-Discount Miscellaneous Securities-Coupon Miscellaneous Securities-Discount Non Interest Bearing Investments Mortgage Backed Securities Miscellaneous Discounts-At Cost 2 Miscellaneous Discounts-At Cost 3 Portfolio CITY CP Run Date:10/10/2007-12:50 PM(PRF_PM5)SyrnRept 6.41.202a Report Ver.5.00 CITY OF BURLINGAME Portfolio Management Page 7 Interest Earnings Summary September 30, 2007 September 30 Month Ending Fiscal Year To Date CD/Coupon/Discount Investments: Interest Collected 27,000.00 27,000.00 Plus Accrued Interest at End of Period 249,754.04 249,754.04 Less Accrued Interest at Beginning of Period ( 210,260.98) ( 90,169.32) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period 66,493.06 186,584.72 Adjusted by Capital Gains or Losses 0.00 0.00 Earnings during Periods 66,493.06 186,584.72 Pass Through Securities: Interest Collected 0.00 0.00 Plus Accrued Interest at End of Period 0.00 0.00 Less Accrued Interest at Beginning of Period ( 0.00) ( 0.00) Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period 0.00 0.00 Adjusted by Premiums and Discounts 0.00 0.00 Adjusted by Capital Gains or Losses 0.00 0.00 Earnings during Periods 0.00 0.00 Cash/Checking Accounts: Interest Collected 0.00 282,194.87 Plus Accrued Interest at End of Period 588,787.73 588,787.73 Less Accrued Interest at Beginning of Period ( 515,665.38) ( 613,644.35) Interest Earned during Period 73,122.35 257,338.25 Total Interest Earned during Period 139,615.41 443,922.97 Total Capital Gains or Losses 0.00 0.00 Total Earnings during Period139,615.41 443,922.97 Portfolio CITY CP Run Dale:10/10/2007-12:50 PM(PRF_PM6)SyrnRepl 6.41.202a Report Ver.5.00 i PFMAsset Managentent . ► PROGRAM Investment Portfolio Information For CAMP-CITY OF BURLINGAME (116-00) Portfolio# 12510150 Section/Report Title A. Account Swnmary B. Detail of Securities Held C. Fair Market Values&Analytics D. Security Transactions&Interest E. Cash Transactions Report F. Realized Gains&Losses G. Cash Balance Report For The Month Ending September 30, 2007 CAMP-CITY OF BURLINGAME CA PFM Asset Management LLC*One Keystone Plaza*North Front&Market Streets,Suite 300*Harrisburg,PA 17101-2044*(717)232-2723 For more information,please contact your client manager: NANCY JONES (415)982-5544 JONESN@pfm.com PROGRAM Account Summary: (ExcludingCash MONTH ENDED: MARKET%Or YTM AT YTM AT DURATION SECURITY TYPE' PAR VALUE AMORTIZED COST MARKET VALUE PORTFOLIO COST MARKET TO WORST No assets at month-eud. TOTAL SECURITIES STATE POOL* TOTAL INVESTMENTS % ACCRUED INTEREST TOTAL PORTFOLIO Disclosure Statement: PFM's monthly statement is intended to detail our investment advisory activity.The custodian bank maintains the control of assets and executes(i.e.settles)all investment transactions.The custodian statement is the official record of security and cash holdings and transactions.Only the client has the authority to withdraw funds from or deposit funds to the custodian and to direct the movemetit of securities.Clients retain responsibility for their internal accounting policies,implementing and enforcing internal controls and generating ledger entries or otherwise recording transactions.PFM recognizes that out clients may use these reports to facilitate record keeping,therefore the custodian bank statement and the PFM statement should be reconciled and differences resolved.PFM's market prices are derived from closing bid prices as of the last business day of the month as supplied by F.T.Interactive Data,Bloomberg or Telerate.Prices that fall between data points are interpolated. Non-negotiable FDIC insured bank certificates of deposit are priced at par.nPlease proman ptly report any inaccuracies or discrepancies on your account statement in writing to your client manager or to customer service. To protect your rights,if you report orally you should confirm in writing. PFMAsset Management CAMP PROGRAM Detail of Securities Held: 12510150 CAMP-CITY 01 BURI,INCAML(116-00) (Excluding Cash) MONTH ENDED: September 30,2007 SECURITY TYPE MATURITY S&P TRADE SETTLE ORIGINAL YTM ACCRUED AMORTIZED MARKET CUSIP DESCRIPTION PAR COUPON DATE RATING DATE DATE COST AT COST INTEREST COST VALUE No assets at mouth-end. TOTAL SECURITIES D-1 i IM r FAIR YFZ Fair Market Values & Analytics: 12510150 GIMP-CITY Of,BURLINGAME(lIb-00) (Excluding Cash) MONTH ENDED: September 30,2007 MATUIOTY FIRST CALL MARKET MARKET UNREAL G/(L) UNREAL G/(L) DURATION YTM SECURITY TYPE CUSII' DESCRIPTION PAR COUPON DATE DATE PRICE VALUE ON AMORT COST ON COST TO W011ST AT MI(T No assets at month-end. SUBTOTALS STATE POOL ACCRUED INTEREST ON INVESTMENT TOTAL MARKET VALUE OF INVESTMENTS GI Mail ge / GRA M Security Transactions & Interest: 12510150 CAMP-CITY OF BURLINGAME(116-00) (Excluding Cash) MONTH ENDED: September 30,2007 S&P MATURITY PRINCIPAL ACCRUED TRADE SETTLE TRAN TYPE SECURITY DESCRIPTION CUS1P RATING PAR COUPON DATE AMOUNT INTEREST TOTAL 09/26/07 09/26/07 MATURI'T'Y FNMA DISC NOTE 313588ME2 A-I+ 1,000,000 0.000 09/26/07 1,000,000.00 0.00 1,000,000.00 1,000,000 1,000,000.00 0.00 1,000,000.00 TOTAL SECURITY TRANSACTIONS 1,11011,000.110 D-I Cash Transactions Report: 12510150 CAMP-CITY OF BURLINGAME(116-00) MONTH ENDED: September 30,2007 CASH DATE TRANSACTION CODE TRANSACTION DESCRIPTION TOTAL AMOUNT 09/26/07 CW WITHDRAW (1,000,000.00) (1,000,000.00) ($1,000,000.00) NETCASH CONTRIBUTIONS/(WITHDRAWS) L-I PFMAsset Management LLC- CAMP PROGRAM Realized Gains and Losses: 12510150 ('AlIP-CITY OFBURLINCAHE, (116-00) (Excluding Cash) MONTH ENDED: September 30,2007 TRADE SETTLE PRINCIPAL REALIZED REALIZED DATE DATE TRAN TYPE SALE METHOD SECURITY DESCRIPTION CUSIP PAR VALUE COUPON PROCEEDS G/(L)COS'r G/(L)AMORT CST 09/26/07 09/26/07 MATURITY FNMA DISC NOTE 313588ME2 1,000,000 0.000 1,000,000.00 11,850.56 0.00 TOTAL GAINS AND LOSSES $11,850.56 $0.00 F-1 mash Balance Report: 12510150 CAMP-CITY OF BURLINGAME, (116-00) MONTH ENDED: September 30,2007 'AS11 BALANCE: $0.00 aruiugs Calculation Temulates ;urrent Mouth-End Book Value + Add Coupon Interest Received + ;urrent Month-End Accrued Interest -I- Less Purchased Interest Related to Coupons ,ess Purchases - Add/Subtract Gains or Losses on Cost For The Mth +/- ,ess Purchased Interest Total Cost Basis Earnings For The Month add Disposals(Sales,Maturities,Paydowns,Sinks,etc.) + Odd Coupon Interest Received + ,ess Previous Month-rod Book Value .ess Previous Month-End Accrued Interest rota)Accrual Basis Earnings For The Month Economic Calendar 10/05/2007-Change in Nonfarm Payrolls 10/17/2007-Housing Starts 10/05/2007-Unemployment Rate 10/17/2007-Building Permits 10/12/2007-Advance Retail Sales 10/24/2007-Existing Home Sales 10/12/2007 - Producer Price Index 10/25/2007-Durable Goods 10/15/2007-Empire Manufacturing 10/25/2007-New Home Sales 10/17/2007-Consumer Price Index 10/31/2007-FOMC Rate Decision JMarlcet Couunmrtary During September the FOMC cut the overnight lending rate Cor the first time since lune or 2003.Recognizing difficulties in the credit markets and the potential for slower economic growth in future quarters,the Fed reduced the Fed Funds rale 50 basis points to 4.75%.The Fed and many economists are concerned that tightening credit standards and continued weakness in the housing market will erode future economic growth. Both existing and new home sales plummeted to new lows during September,reinforcing those views.Treasury yields fell throughout the month in volatile trading as investors tried to lock in yields.Stock investors applauded the Fed move pushing equity indexes closer to their highs of the year.Some are now concerned that as the Fed cuts rales,inflation could reappear.This is of particular concern to holders of longer term bonds.Some of these investors have sold their holdings causing the yield curve to normalize,longer maturities yielding more than shorter maturities.The market expects that the Fed will cut rates further but any action will be dependent on future economic releases. G-I Ctlomcast Comcast Cable 12647 Alcosta Boulevard P0. Box 5147 October 4 , 2007 San Ramon, CA 94583 Mr. Jesus Nava City of Burlingame 501 Primrose Road Burlingame, CA 94010 Dear Mr. Jesus Nava : As you may already be aware, it is our goal at Comcast to ensure thalt you ouice remains informed of the programming services we offer to our customers who subscriber to our services and reside in your community. In an effort to successfully transition into an all Digital Network, effective on or after October 18, 2007 we are adjusting the location of the California Channel on the Limited Basic level of service from channel 28 to the Limited Basic + Digital level of service on channel 108 . It will be necessary for the customer to subscribe to any level of Digital Cable service in order to view the California Channel programming . The shared programming that currently airs opposite the California Channel on channel 28 will continue to air its content during its regularly scheduled hours . The California Channel airs live programming whenever possible. When the Assembly and Senate meet simultaneously, for example, we air one house live and tape delay the other house upon conclusion of live coverage. Thus, if the coverage is not aired live, it is aired the same day. When there are no live sessions or committee hearings, we broadcast recently recorded hearings that we were unable to air due to time constraints . This adjustment will not result in a price increase to the already existing price list at this time. If you should have any questions or concerns, please feel free to contact your local Government Affairs Director, Lee-Ann Peling at (415) 715-0549 . Sincerely, �t Mitzi Givehs- ussell Government Affairs Franchise Compliance Manager Bay Market co 1 1 1 CCI S l® Comcast Cable l 12647 Alcosta Boulevard ` Suite 200 San Ramon,CA 94583 October 8, 2007 Office:925.973.7000 www.comcast.com Mr. Jesus Nava City of Burlingame 501 Primrose Road Burlingame, CA 94010 Dear Mr. Jesus Nava: As you may already be aware, ft is our goal at Comcast to ensure that you office remains informed of the programming services we offer to our customers who subscriber to our services and reside in your community. In an effort to successfully transition into an all Digital Network, effective on or after November 8, 2007 we are adding the Hallmark Channel to the Digital platform. The Hallmark channel will be viewed on both its current location at channel 66 and on channel 185. However, it will be necessary for the customer to subscribe to Expanded Basic cable and any level of Digital Cable service in order to view the Hallmark Channel. The Hallmark Channel is the quintessential 24-hour television destination for family- friendly programming and a leader in the production of original movies. The network brings to audiences a brand with a 50-plus-year legacy that resonates with consumers. Hallmark Channel is the fastest-growing major ad-supported cable network since its launch, and its strong ratings consistently rank the channel in the top 10 in Prime Time. Hallmark Channel is seen in 85 million homes across the U.S. and has developed a stellar reputation for keeping viewers engaged and entertained. This adjustment will not result in a price increase to the already existing price list at this time. If you should have any questions or concerns, please feel free to contact your local Government Affairs Director Lee-Ann Peling at (415) 715-0549. Sincerely, bitzi Give r s-Russell Government Affairs Franchise Compliance Manager Bay Market 1111.41 E-mail chain re:Cypress Removal 2001 Easton From:PARKS-Disco,Bob Sent:Friday,October 05,2007 2:15 PM To:PARKS/REC-Schwartz,Randy Cc:PARKS-Richmond,Tim;PARKS-Harvey,Karlene Subject:Cypress removal 2001 Easton Randy, Kevin Kielty was performing his inspections today and noticed severe root rot on this Monterey Cypress.He recommended we remove this tree as soon as possible.It has decay in the truck and root system at ground level.It also has a significant lean.He will be sending an arborist report on Monday.In the mean time,I will schedule the Tree Crew to start removal next Tuesday. There will be enough space to replace this tree with 2 citriodora's that I have in the yard. Bob From:PARKS-Richmond,Tim,To:PARKS-Disco,Bob Friday,October 05,2007 2:26 PM What's your assessment of the hazard level? From:PARKS-Disco,Bob To:PARKS-Richmond,Tim Friday,October 05,2007 2:33 PM Sever enough that it needs to come down.We discussed it in the field and the sooner the better. It may be raining either of those days too.We can knock on the homeowner's door,I'm sure he won't mind this tree has been a problem for him in the past.There are enough obvious signs that no one will argue. The tree can be replaced before Jan.since we have them in the yard. r/ WAI J xN a�A Y I �G b Nat k l / 1 h ✓ / �0 6 I. p . , i , " s � R �� '`��• � rat b•R1Y �. � �� .j R �xr 1 'P4 h 5 � q�: e� � � ��' y :! '°'�'�F"✓d g 1 p;4 ( ,R � a��yn Yfia ! q '4.d asi I � y 1 ¢ a,,+ E � 4: }} e hK� ty — � oda Y+' �f� � _ �•. a, r k ,o- } .' Y _..-ems r''� � ..� � ;k ^ ��#'-�� ��� "t"�4•� .� -�s� ' Y rz a a R a � A r v 1 c• r - f 't' t �` �� `� 3 �� � `"'/►,�4 � _. �� a ��" `� y YAR �' -3'++'.1t+-til. � iy� _ �S"""C"'�+i#' ry* `. `{it�� y�'� ♦ � t. '4 n4 , F- �r ,dN e ppt«, 1 a I� 1 s\ � •. � yv�s. \Q�\ �' ,� .^�•�S �. yam'.. 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