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BURLINGAME CITY HALL
501 PRIMROSE ROAD
BURLINGAME,CA 94010
CITY COUNCIL MEETING
AGENDA
Monday, October 1,2007
STUDY SESSION - 6:00 p.m. Conference Room A
a. Joint Library Board and Council Meeting
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 September 17, 2007
5. PRESENTATIONS
a. Best of Burlingame Presentation
b. Relay for Life Proclamation
c. Centennial Celebration Peninsula TV video
6. PUBLIC HEARINGS
There are no Public Hearings
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 an Ordinance to amend the Condominium Subdivisions and Conversion Regulations of
the Municipal Code for consistency with the Trousdale West(TW) and El Camino North (ECN)
Zoning Districts -Introduce
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 - Introduce
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c. Introduce Ordinance to amend Title 25, Chapter 25.70 of the Municipal Code to establish parking
standards for Animal Shelters -Introduce
9. APPROVAL OF CONSENT CALENDAR
a. Early funding request—Replacement of portable radios, radio narrow banding, upgrading and
adding a transmission receiving repeater
b. Resolution awarding construction contract to C. F. Archibald for 2007 Street Resurfacing
Program
c. Resolution approving Termination of the California Public Entity Insurance Authority Joint
Powers Agreement
d. Resolution approving an Agreement for maintaining a strong collaborative relationship with the
City of Burlingame and the Burlingame Elementary School District
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
10. COUNCIL COMMITTEE REPORTS
11. PUBLIC COMMENTS—At this time,persons in the audience may speak on any item on the agenda or any other matter within
the jurisdiction of the Council. The Ralph M.Brown Act(the State local agency open meeting law)prohibits Council from acting on any
matter that is not on the agenda. Speakers are requested to fill out a"request to speak"card located on the table by the door and hand it to
staff. The Mayor may limit speakers to three minutes each.
12. OLD BUSINESS
13. NEW BUSINESS
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
CLOSED SESSION
a. Threatened Litigation (Government Code § 54956.9(b)(1), (3)(C) Claim of Northland Insurance
Company and Simon Marina
2
16. ADJOURNMENT
Notice: Any attendees wishing accommodations for disabilities please contact the City Clerk at 650 558-7203 at least 24 hours
before the meeting. A copy of the Agenda Packet is available for public review at the City Clerk's office,City Hall,501 Primrose
Road,from 8:00 a.m.to 5:00 p.m.before the meeting and at the meeting. Visit the City's website at www.burlin ag me.org.
Agendas and minutes are available at this site.
NEXT MEETING-TUESDAY, OCTOBER 9, 2007-COMMISSION INTERVIEWS
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BURLINGAME CITY COUNCIL
Unapproved Minutes
Regular Meeting of September 17, 2007
STUDY SESSION
a. ECONOMIC DEVELOPMENT SURVEY
Compiled results of the survey were submitted to Council for their review.
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 Liz Dossa.
3. ROLL CALL
COUNCILMEMBERS PRESENT: Baylock, Cohen, Keighran,Nagel, O'Mahony
COUNCILMEMBERS ABSENT: None
4. MINUTES
Vice Mayor O'Mahony made a motion to approve the minutes of the September 4, 2007 regular Council
meeting; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0.
5. PRESENTATIONS
a. BEST OF BURLINGAME AWARD
Mayor Nagel presented the Best of Burlingame award to Music at Kohl Mansion. Accepting the award were
Thomas Gilman, Chairman; Liz Dossa, Co-Founder of the music series; Anneka Gaenslen, Founder of the
educational program; and Patricia Kristof Moy, Executive Director. During the past 15 years, Music at Kohl
Mansion, a non-profit organization, has hosted chamber music concerts and interactive workshops for
approximately 50,000 students in Burlingame, San Mateo and Millbrae schools. The organization launched
its Chamber Music Education Programs in 1993, when funding for school music programs began decreasing,
to provide supplemental music education to local schools and introduce prospective audiences to chamber
music. They provide chamber music concerts for the community and will host Concerts for Families and
audiences of all ages on three Friday evenings in 2008.
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Burlingame City Council September 17,2007
Unapproved Minutes
At the Parks &Recreation Director's request, item b. followed c.
C. DISASTER PREPAREDNESS UPDATE/NEIGHBORHOOD NETWORK
FC Dornell provided an update of the City's Disaster Preparedness program. Fire Department personnel have
started Community Emergency Response Team training sessions for the public. The sessions will be offered
again in the spring in the Recreation Brochure. This fall an"R U Ready?"disaster preparedness class will be
offered to the public. Disaster Preparedness personnel have been working with the Poppy Drive
neighborhood to facilitate emergency preparedness.
Jess Myres, one of seven Poppy Drive Block Captains, talked about the process in forming their own
neighborhood disaster preparedness group. He encouraged other neighborhoods to get started in disaster
preparedness to become self sufficient should a disaster occur and to contact John Parkin, Disaster
Preparedness Coordinator, who facilitates neighborhood disaster preparedness.
b. BURLINGAME HIGH SCHOOL SOILS REMEDIATION PROJECT
P&RD Schwartz reviewed the staff report and introduced the following speakers: Elizabeth McManus,
Associate Superintendent of the San Mateo Union High School District (SMUHSD); Todd Lee, Contract
Project Manager to the District; Mark Malinowski, of the State Dept of Toxic Substance Control; and Mark
Haesloop, Special Council to the SMUHSD Board. These representatives presented information on the
remediation of the contaminated soils and renovation work to be completed as well as the project schedule
and responded to Council's questions.
6. PUBLIC HEARINGS
There were no public hearings.
7. PUBLIC COMMENTS
Pat Giorni, 1445 Balboa Avenue, spoke on High Speed Rail and Agenda Item 9.c. There were no further
comments from the floor.
8. STAFF REPORTS AND COMMUNICATIONS
a. AMEND THE CITY'S COMMUNITY RECOGNITION POLICY TO ESTABLISH A
PROCESS FOR BURLINGAME'S WALK OF FAME
P&RD Schwartz introduced Danielle Brewer, a Recreation Services Manager for San Bruno and currently
assigned to Burlingame as a participant in the County's Management Talent Exchange Program. RSM
Brewer reviewed the staff report and recommended that Council adopt the process for Burlingame's Walk of
Fame as recommended by the Parks &Recreation Commission in time for the inaugural group to be
recognized at the City's Centennial Gala on June 6, 2008.
Councilwoman Baylock made a motion to adopt the process for Burlingame's Walk of Fame as
recommended by the Parks &Recreation Commission; seconded by Vice Mayor O'Mahony. The motion
was approved unanimously by voice vote, 5-0.
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Burlingame City Council September 17,2007
Unapproved Minutes
After Council discussions on the different number of Council votes required throughout the Community
Recognition Policy and suggestions to reduce the number of Walk of Fame inductees per year, staff agreed
to present Council with a report on the program after June 2008.
b. TRAFFIC, SAFETY AND PARKING COMMISSION VACANCIES
CM Nantell reviewed the staff report and recommended that Council call for applications for two seats for
the Traffic, Safety and Parking Commission. The application deadline was set for October 15, 2007.
9. CONSENT CALENDAR
Councilman Cohen requested removal of Item a. from the Consent Calendar for further discussion; and Vice
Mayor O'Mahony requested removal of Item b. from the Consent Calendar for further discussion.
C. APPROVAL OF REQUESTS FOR PROPOSALS FOR SOLID WASTE COLLECTION
SERVICES AND OPERATION OF THE SHOREWAY RECYCLING AND DISPOSAL
CENTER AND APPROVAL OF CONTRACT TERMS
FinDir Nava requested Council approve Resolution No. 70-2007, approving South Bayside Waste
Management Authority Collection and Operations Requests for Proposals and Draft Agreements.
d. APPROVAL OF OUT-OF-STATE TRAVEL FOR FINANCE DIRECTOR
FinDir Nava requested Council approve the Finance Director/Treasurer's travel to Pittsburgh, Pennsylvania
to attend the 93rd Annual Conference of the International City Management Association and the Fall 2007
Governmental Accounting Standards Advisory Council Meeting in October.
e. WARRANTS & PAYROLL
FinDir Nava requested approval for payment of Warrants#27375-28002 duly audited, in the amount of
$2,169,519.89 (excluding Library checks#27613-27648); Payroll checks #169357-169635 in the amount of
$2,634,001.41 for the month of August 2007.
Councilwoman Baylock made a motion to approve Items c., d., and e. of the Consent Calendar; seconded by
Councilwoman Keighran. The motion was approved unanimously by voice vote, 5-0.
a. APPROVE PARCEL MAP, PHASE 2, FOR LANDS OF PENINSULA HEALTHCARE
DISTRICT, BEING A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA
FORMERLY KNOWN AS PENINSULA HOSPITAL DISTRICT
At Councilman Cohen's request, CA Anderson clarified that this is the second phase of a three-phase re-
subdivision of the property. The first phase was to align the parcels so that construction could start on the
parking garage; and Peninsula Healthcare District, a public agency, and Mills-Peninsula Health Services
could negotiate their lease agreement. In that lease agreement and through that process, Mills-Peninsula
Hospital is giving up their property rights of ownership and giving it to the district. This parcel map confirms
that action in one large parcel for the whole hospital site in the healthcare district.
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Burlingame City Council September 17,2007
Unapproved Minutes
Councilwoman Keighran made a motion to approve the Parcel Map for Lands of Peninsula Healthcare
District,being a political subdivision of the State of California formerly known as Peninsula Hospital
District; seconded by Councilwoman Baylock. The motion was approved unanimously by voice vote, 5-0.
b. RESOLUTION NO. 69-2007 APPROVING PROFESSIONAL SERVICES AGREEMENT
WITH WINZLER& KELLY ENGINEERS FOR MARSTEN STORM DRAIN PUMP
STATION UPGRADE
At Vice Mayor O'Mahony's request, DPW Murtuza explained that this project is one of the highest priority
projects identified in the City's Storm Drain Master Plan. This agreement is for professional services for the
fourth phase of the project. Phases 1 and 2 included construction of a bypass main from California Drive to
Old Bayshore Highway; and Phase 3 is currently under design which includes an outfall structure into the
bay. Phase 4 is to provide construction of a pump station. Completion of this project will provide 30-year
storm flood protection to all properties in the Easton Creek watershed area.
Vice Mayor O'Mahony made a motion to approve Resolution No. 69-2007 authorizing execution of
agreement for professional engineering services with Winzler&Kelly Consulting Engineers for the Marsten
Storm Drain Pump Station Upgrade Project, Phase 4; seconded by Councilwoman Baylock. 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
There was no old business.
CLOSED SESSION:
CA Anderson advised that Council met in closed session and directed staff regarding the following:
a. Labor Negotiations pursuant to Government Code §54957.6:
City Negotiators: Jim Nantell, Deirdre Dolan, Glenn Berkheimer(IEDA)
Labor Organizations: IAFF; BAMM; Teamsters Local 856
13. NEW BUSINESS
a. POSTING TEMPORARY NO PARKING SIGNS FOR STREET SWEEPING ON 1400 BLOCK
OF BALBOA AVENUE
Mayor Nagel stated that a resident recently suggested posting temporary No Parking signs for street
sweeping on the 1400 block of Balboa Avenue because other residents leave their cars parked on the street
which prevents proper cleaning of the street.
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Burlingame City Council September 17,2007
Unapproved Minutes
After Council discussion and various suggestions to gain public support for sign posting, DPW Murtuza
stated that staff will contact the resident; and if he is willing to voluntarily post temporary No Parking signs,
staff will supply the signs.
14. ACKNOWLEDGMENTS
a. Commission Minutes: Parks &Recreation, August 16, 2007; Planning, September 10, 2007
b. Department Reports: Building, August 2007; Finance, August 2007
c. Three letters from Comcast concerning programming adjustments
d. Letters from Parca, Call Primrose, Community Gatepath, and Samaritan House
gratefully acknowledging the City's contribution
15. ADJOURNMENT
Mayor Nagel adjourned the meeting at 9:01 p.m. in memory of Mary Lou Putnam of Woodside.
Respectfully submitted,
Doris J. Mortensen
City Clerk
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Burlingame City Council September 17,2007
Unapproved Minutes
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STAFF REPORT AGENDA ITEM N0: 8a
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MEETING DATE: October 1, 2007
TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY.
DATE: September 14, 2007 APPROVED BY:
FROM: William Meeker, Community Development Director — (650) 558-7255
SUBJECT: Action on Ordinances to Amend the Condominium Subdivision and
Conversion Regulations of the Municipal Code for Consistency with the
Trousdale West (TW) and EI Camino North (ECN) Zoning Districts.
INTRODUCTION :
City Council should review the proposal 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. This is a study item for the City
Council. Council should review the proposed changes with staff and suggest any changes, if necessary.
Staff would recommend the introduction of these ordinances. This is not a public hearing.
The following Council actions should be taken to introduce the ordinance to amend the condominium
subdivision (Ch. 26.30) and condominium conversion (Ch. 26.32) regulations:
A. Request City Clerk to read title of the proposed ordinance.
B. Waive further reading of the ordinance.
C. Introduce the proposed ordinance.
D. Direct the city clerk to publish a summary of the ordinance at least five days before proposed
adoption.
If the proposals for the amendment to the condominium regulations are clear, the ordinance should be set for
a second reading and public hearing at the Council meeting on September 17, 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 1,2007
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.
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INTRODUCE ORDINANCES TO AMENDMENT CH. 26.30 THE CONDOMINIUM SUBDIVISION AND CH. 26.32 THE
CONDOMINIUM CONVERSION REGULATIONS OF THE MUNICIPAL CODE
October 1, 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
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INTRODUCE ORDINANCES TO AMENDMENT CH. 26.30 THE CONDOMINIUM SUBDIVISION AND CH. 26.32 THE
CONDOMINIUM CONVERSION REGULATIONS OF THE MUNICIPAL CODE
October 1, 2007
that the zoning code regulations provide that the planning approvals last for the duration of the
tentative map (CS 25.16.130 (b)).
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 pubic
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:
• 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
• 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)
S:IREPORTSICode AmendmentslCondominium Regulationsllntro Condo Amend 10.01.07.doc
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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
1 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 Meir its effect on: sound community planning;
4 the 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 permitted by Ironing egulations;
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 condomiiuum 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, aAll
27 residential condominium developments shall provide an area for on-site deliveries.
28 (4) For commercial and industriai-condominiums and commercial uses in mixed use
3
1 residential condominiums, there shall be off street parking as required by this code chapter
2 :-5.70, which may include compact parking as allowed in Chapter 25.70. However, if any unistall
3 parking is used for any 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 Standards Code as amended adopted by
6 this code.
7 (b) Access, Vehicular Driveways, and Parking Areas.
8 (1) All private streets, driveways, and parking areas shall be improved and constructed
9 with a structural section in accordance with city standards. They shall be designed and
10 maintained to insure access for municipal services to any dwelling unit therein.
11 (2) Only temporary parking for service vehicles shall be allowed in the driveway
12 between the front property line and the face of the building. Calculation of private open space
13 and common open space at ground level shall not include any vehicular driveways or parking
14 areas.
15 (c) Side Setback Requirements. Side setbacks shall be five (5) feet minirnum or greate
16 as determined by the zoning it-quimments for multiple f�htily Lviinii�,.LLialdevelopment, as
17 applicable, as provided in Title 25.- Setback Requirements. Front, side, and rear setbacks shall be
18 as required by the zoning district regulations applicable to the real property being developed.
19 (d) Conditions, Covenants and Restrictions Agreements. Conditions, covenants and
20 restrictions agreements shall contain, but not be limited to, adequate provisions for maintenance,
21 repair and upkeep of all structures, site landscaping and other on-site improvements; provisions
22 that in the event of destruction or abolishment, reconstruction shall be in accordance with codes
23 in effect at the time of such reconstruction; and provisions for dedication of land or establishment
24 of easements for street widening or other public purpose. Covenants, conditions and restrictions
25 shall describe: powers, duties, rights and obligations set forth in Civil Code Section 1355; the
26 proposed form of owners' association; and suggested by-laws, maintenance agreements, use
27 restrictions, and special funds to cover emergency repairs; and require and enforce that on-site
28 parking spaces be owned or assigned to condominium owners or held in common ownership by
4
I the condominium association shall be used only by bicycles or currently registered and operable
2 motor vehicles as defined by the Vehicle Code.
3 (e) Landscaping and Open Space Standards.
4 (1) Front setback landscaping for residential condominium or cooperative development.
5 Landscaping is required between the front property line and face of the building equal to and not
6 less than fifty(50)percent of the lot area within the required front setback. Emphasis should be
7 placed on minimizing turf and ground cover areas and on planting larger scale and more vertical
8 plant material which will frame and screen the view of the structure from the street. If a circular
9 drive is provided a special permit may be requested to reduce the required front setback
10 landscaping to forty-five (45)percent of the lot area within the required front setback.
11 (2) Site landscaping shall be suitable for the specific sun/shade environment of the lot.
12 (3) Private open space for residential condominium or cooperative development. Private
13 open space shall be provided for each unit and shall be contiguous and directly accessible to each
14 unit, except in the ECN district where private open space shall not be required for dwelling units
15 on the ground floor. Private open space may be paved or landscaped and shall be screened or
16 fenced for the privacy of the residential unit when located within four(4) feet of established
17 grade. Decks and balconies when designated for outdoor use may be used to satisfy this
18 requirement. The following minimum standards for private open space shall apply:
19 (A) Seventy-five (75) square feet for each ground floor unit with no dimension of the
20 designated area less than ten (10) feet;
21 (B) Seventy-five (75) square feet for each unit above the ground floor with no dimension
22 of a designated area less than three and one-half(3-1/2) feet.
23 (4) Common open space for residential condominium and cooperative development. In
24 addition to private open space, open space accessible to or enjoyed by all project residents shall
25 be provided at not less than one hundred (100) square feet per dwelling unit,with no dimension
26 of any designated common open space area to be less than fifteen (15) feet. Such common areas
27 may be designed for passive or active use, and include landscaping or paving, provided such
28 paving does not exceed fifty(50)percent of the total required area. All stich areas shall be at or
5
I within six (6) feet of established grade; roof top areas shall not quafif�as Common open space.
2 Common open space areas may be provided within the required rear setback area, or when the
3 rear setback is inadequate, the open space may be provided on appropriately designed,rooftop
4 areas.
5 (5) Common open space for commercial and industrial condominium
6 developments. eot,=Ionopen space shalf be provided as reqtTired by the zoniiig district
7 requinnnents based on the location of the development. Common open space may be provided
8 above the first floor, but is not required.
9 (f) Project Plans and Submittals. Project plans shall indicate accessibility for owners,
10 guests, employees and customers to parking, storage, recreation and service areas; separation
11 between living units and along property lines; provisions for security; orientation with respect to
12 surrounding buildings and land uses; the location and type of utilities,building services and
13 separate facilities for individual units and access easements to make repairs including:
14 (1) Separate gas and electric meters and separate water shutoff valves; individual
15 residential unit climate controls and any proposed climate zones (based on types of unit uses) for
16 non-residential condominium projects;
17 (2) Shock mounting of mechanical equipment to reduce sound transfer;
18 (3) Flexible connectors for electrical and plumbing connections;
19 (4) Sound levels shall satisfy adopted noise element criteria and all state standards;
20 (5) Other reports may be required by the city as a condition for approving a
21 condominium permit including an economic report, social impact of relocation procedures;
22 report of structural condition; report on building compliance with all building, fire and zoning
23 codes for proposed uses; certificate of occupancy; and sufficient additional information prepared
24 by licensed professionals to evaluate the soundness of the conversion proposed project.
25
26 Section 5. A new Section 26.30.080 is added to read as follows:
27 26.30.080 Time limits.
28 A condominium permit granted or issued pursuant to this title shall become null and void
6
I when the tentative map for the condominium project expires because no final map has been filed
2 in accordance with State law and this code, rather than the expiration time limit for planning
3 approvals specified in chapter 25.16.
4
5 Section 6. Section 26.32.040 is amended to read as follows:
6 26.32.040 Physical elements report.
7 A report on the physical elements of all structures and facilities shall also be submitted
8 with the application. The report shall include, but not be limited to, the following:
9 (a) A report detailing the structural condition of all elements including structures, paving
10 and fences of the property including, but not limited to, foundations, electrical,plumbing,
11 utilities, walls, ceilings,windows, recreational facilities, fire protection sprinklers, alarms,
12 mechanical equipment, roof, parking facilities and appliances, including all appliances installed
13 in each unit. Such report shall be prepared by a registered civil or structural engineer.
14 Regarding each such element, the report shall state, to the best knowledge or estimate of
15 the professional preparing the report,when such element was built, the condition of each
16 element,when the element was replaced, the approximate date upon which the element will
17 require replacement, the remaining useful life of the element, the cost of replacing the element,
18 and any variation to the physical condition of the element from the current zoning and from the
19 California Building Code as adopted by this code and in effect on the date of the report. The
20 report shall identify any defective or unsafe elements and set forth the proposed corrective
21 measures to be employed, including making all structures compliant with the California Building
22 and Fire Codes as adopted by this code and in effect at the time the report is submitted to the city;
23 (b) A report containing acoustical test data which indicates the noise attenuation
24 characteristics of existing party walls and ceilings. The data for such report shall include a
25 representative sampling of units involved in the project,but in no case fewer than two (2)
26 dwelling units, and shall be compiled by a qualified licensed acoustical engineer experienced in
27 the field of acoustical testing and engineering. The consultant shall be selected by the community
28 development department city and shall perform the sampling in areas or units as approved or
7
1 directed by the community development department city.
2 (c) A report prepared by a licensed civil engineer evaluating the prospects for providing
3 separate utilities for the individual units;
4 (d) A study of off-street parking, on-site maneuvering and parking stall access provided
5 on site prepared by a licensed civil engineer;
6 (e) A report from a licensed structural pest control operator, approved by the community
7 development department city, on each structure and each unit within the structure.
8 (f) A report prepared by a licensed soils engineer on any known soil and geological
9 conditions regarding soil deposits, rock formations, faults, groundwater and landslides in the
10 vicinity of the project, and a statement regarding any known evidence of soils problems relating
11 to the structures. Reference shall be made to any previous soils reports for the site and a copy
12 submitted with the report.
13 (g) A statement of repairs and improvements to be made by the subdivider necessary to
14 refurbish and restore the project to achieve a high degree of appearance and to achieve full
15 compliance with the current, applicable requirements of the California Building and Fire Codes
16 and requirements of the zoning code.
17 (h) Provisions for the dedication of land or easements for street widening, public access
18 or other public purpose, where necessary, and in accordance with established planned
19 improvements.
20
21 Section 7. Section 26.32.070 is amended to read as follows:
22 26.32.070 Copy to buyers.
23 A summary of all reports required by this code, in a form approved by the community
24 development department city, shall be provided to each person executing any purchase, rental or
25 other agreement to purchase or occupy a unit in the project. Copies of the full reports shall be
26 made available at all times at the sales office and shall be posted at various locations, as may be
27 required by the city, at the project site.
28
8
1 Section 8. Subsection 26.32.080(b)(1) is amended to read as follows:
2 Section 26.32.080(b)(1)
3 (1) Fire Prevention— Smoke Detectors and Sprinklers. Each condominium unit
4 whether residential, commercial, industrial or office, shall be provided with a fire sprinkler
5 system and approved detectors of products of combustion other than heat conforming to the rest
6 California Building and Fire Code standards as adopted by this code.
7
8 Section 9. Section 26.32.085 is amended to read as follows:
9 26.32.085 Minimum project requirements.
10 Except as otherwise provided by law, in approving or conditionally approving any
11 condominium project, the f6flowing shall be required: the same miniinum requirements shall be
12 met for parking, access, vehicular driveways, parking areas, setbacks, landscaping and open
13 space, and project plans and submittals as required by section 26.30.070 above.
14 (a) Parking.
15Off-street16 mquired by eiiapter 25.7o of this code and at fea t one parldng space shall be in the ownership o
17 each residential unit. No on-site - or off-site
18 person. eompact parking spaces shall be allowed in residential condominium development in the
19 .
20 Required Parking Spaces --Ie %'-Unipact Spac
21 '
22 -
23
24 site guest parldng sp aces s1hai H I lb-e provided for "i! residential condon-fini-am an
-
25 cooperative developments. 6nest patking spaces shall be held in common ownership, shall not
26 be rented ot assigned to residents or non-residents,
27 with the sale of all units as a single UnLity. Eitest parking spac s may be designed to compact
28 statidards as defined inehapter 25.70. 6uest paTking spaces shall be provided in residential
9
1
2l,,v'tirber of Dwelling,
3 - too units - i
4 5-,5 ,_n:1f 2
5 15 or- 3
6 -
7 deliveries.
8 (4) For commercial and industrial condomini=s, there shali be off street parking as
9 .
10 (5) Parking mquirements compliant with the American i3isabilifics Act shall i7e
11
12 , and Parking Arc
13 ,
14 with a structural section in accordance with city standards. flicy shall be designed
15
16 (2) E)nly temporary parking for service-vehicles shall bc ailowtd in tht driveway
17 bet-mcm the ftont property line and the f�cc of the building. eaicuiation of private open spac
18 and common open space at ground level shail not include any vehicular driveways or parking
19 gees.
20 (c) Side Setback Rcquirements. Side sctbacks shall be five (5) feet trinimum or greatc
21
22 applicable, as provided in Title 25.
23 ,
eovenants and Restrictions Agrceine its. eonditions, covenant
24 ,
25
repair md apkeep of all structures, site landscaping and othel illipr0'VCTTT tits; provision-
26 that in the tvent of destruction or abolishment, i LLU113LI U%�I LIM! shall lbe in accordance with codes
27 in effect at the time of such recon.'�,Ll UdLiull, alld provisions TOr dcdication of land or establishmel
28 of tasemnits for street widening or thcr pubiic purpose. eovctiants, conditions and restrictions
10
I shall desmibe. powers, duties, rights mid obligations set fo.ti,in ei-vii eode Section 1355; the
2by-laws, m
,
3on-site
4 parking spaces be owned or assigned to condo i i cis or held in conmion o mnership b
5 the condo * ' ciation shall be used only by bicycles ai ctirrently t egistered and operabi
6 motor -vehicles as defined by thevetticie eode.
7 •
8 -,,Lu.Li u, cooperative developnitnt.
9 handscapi-tly, l�.L,.,Lju.L.L%,d between the fiont property line and fke of the building equal to and not
10 iess than fifty(50)percent of the lot area within the required ftont sethark. Emphasis shotild be
11 placed on minimizing tutf and ground cover arcas and on pianting larger se le and more vertical
12 plant material wffich wiH frame and screen the view of the sti auttire ftarn the street. ff a circtricaur
13 drive is provided a special permit may be requested to reduce the required front setba
14 imidscaping to fiDrty-five
15 •
16
17 open space shall be provided for cach tnit and shall be contiguous and directly accessible to each
18 mrit. Privata open space may be paved ot landscaped and shail be screened or finced fbr the
19 privacy of the residential m-dt when located within f6ttr (4) feet of established grade. Decks and
20 balconics,mimn designated f6r outdoul US,-,Illay be used to satisfy this requimment.
21
22Se-venty-five (75) squme feet for each ground floor unit with no dimension of the
23 ,
24Seventy-five25 - •
26
27 addition tu Plivah, kJF%,Tl space, open space accessible to or et�oyed by all project residents shall
28 be provided at not less thmi one litindi ed (100) squarc feet per dwelling tniit,with no dinjensiolul
11
1 of any designated conrinon open space area to be less than 161fteen (15) feet. Such Connnon areas
2 may be designed for passive or active use,
and include landcAlapi.11r:,01 paving, provided suclil3 paving does not exceed fifty(50) percent of the total rcquired area. All stich areas shail be at o
4 •
5 (5) eommon open space f6i cumniumial and industrial condominittin and cooperative
6 developments. eommotiopen space shall be provided as reqttired by ffie zoning district
7 tequireme ts based on ffie location of the development.
g (f) Project Plans and Submittals. Project plans shali indicate accessibility f6r owners,
9 >
separatio
10 > orientation with respect to
11 sutrounding buildings and land uses; the location and type of tifilifies,building services and
12 separate facilities for individuai units and accesg easements to make repairs including-.
13 (1) Separate gas and elect.ic meters and separate vv ater shutoff valves; individual
14 residential mfit climate cantrols and any proposed chmate zones (based on types of Unit uses)
15non-residential
16
17 (3) Flexible comectors for and plumbing m--hom,
18 (4) Sotmd levels shail satisfy adopte noise elemela C11ILL11a culd ail State standards;
19
20 condominiam permit inef-ading an econuinic teport, social finpact of relocation procedures;
21 ,
22 codes for pioposed uses; certificate of occupancy; and sufficient additional information prepared
23 by licensed-Professionals to evaluate the so-andness of the con osed project.
24
25 Section 10. This ordinance shall be published in accordance with law.
26
27 Mayor
28
12
1 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the
2 foregoing ordinance was introduced at a meeting of the City Council held on the day of
3 , 2007, and adopted thereafter at a regular meeting of the City Council held on the
4 day of , 2007, by the following vote:
5 AYES: COUNCILMEMBERS:
6 NOES: COUNCILMEMBERS:
7 ABSENT: COUNCILMEMBERS:
8
9
City Clerk
10
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14
15
16
17
18
19
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13
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
strikethFa gh
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 pefffl Aed bb 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.
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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-
Requirements. Side sethaeks shall be five (5) feet fninifniam or-gfeater-as deteffflin I , 11
2
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
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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.__'.: _areas shay-be_`_-
within six(6)feet of established grade;reef top areas shall a8t qUalif�,as eeffffftn E)PeR spaE-L-.
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,roof top
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 first floor,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 filed
pursuant to State law and this code, rather than the time limits for the planning approvals
specified in CS 25.16.130 (a).
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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 trikethrettg,,
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(T99 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;
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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(TW)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 city
Community Development Department and shall perform the sampling in areas or units as
approved or directed by the eity 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 eity 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(TN)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
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Annotated Text. Revisions to Condominium Conversion Regulations to address the El Camino North (ECN)and
Trousdale West(TW)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 pig 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 planning 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
planning 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(T{9 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 eit-�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 lest 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(T99 Zoning Districts August 1,2007
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(Ti)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,fellewing shall berequired. 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) Pafk4_g.
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) Fer-multiple family residential e r,.7s•.niniums there shall be e ff street pLLlark;«.. a
l�lll� ..s
r-equir-ed by Chapter-25.70 of this eade and at least one pafking spaee shall be in the &Amer-ship-4
eaeh r-esiden4ial unit. No en site pafldng spaees shall be r-ented or-!eased te any On er-off ske-
fellewing r-ati
Required rk4ng Spaees n llewable Ge et Spaees
its 1
1 n 20 2
Over-20 2
{71 n 't t 1 hall he ;,7e,7 f all residential r..7e n
Tvrr-ar��gucs�puncrrxb-Jpucc$-.sn y�:...�...� ...,. ,�.. _.,�....,...1�_ .,.,__....,____._.--___ -__--
Number-eeeper-afive dewlepments. Guest paFk4ng spaees shall be held in eenunen owner-ship, shall
with the sale of all thaits as a single entity. Guest paFk4ag spaees may be designed te eempae4
sta-ndafds as defined in Chapter-25.70. Giaest paFkdng spaees shall be pr-evided in residential
Dwelling T *is 17eg1„re.7 Guest Puking Spaees
`l b Y
2 to A units 1
[ 15 , ;ts 2
1[ er r Z
(2l Allresidential ,7e developments shall ;.7 r. area � site deliveries--.
�[su ul�u Vr
/ 1
(4) Fer-eemmer-eial .7 a tr; 1 e-- '-- 9 '---- , #'thefe shall be estreet par c4ng
i
r o
r-e
`i
7 by Chapter-'7 c 7n, �., J�h;eh elude e r r t 1 a as it ,7 in Chapter-25.70.-
(5) Pafking fequir-efnefAs eempliant with the Ainedean Disabilities Aet shall be provide
siteas ,7 by
the rBuilding f-de
1'f a Stand—As
v`r C 7e amended h ,this a 7e
(h) A e
e s' Veh' ,lar Driveways, a11LL 1D LLl ltlll•n
b t`1iVLLU.
(1) All private driveways, and paf-king areas shall be impr-eved and eenstFdeted-A
7
a stmetur-al seetien ift weer-danee with eity standards. They shall be designed and maintained to
eess for- al s s to any dwelling, ,„t therein
(7) Only temporary paFkdnge
<J shall
the fi t r r -t, . line .7 the 1.,,
of the ;1d �"' I`_ 1 1 t'1V11 Vl�pr e..F/ ara ate e and
L✓
eemmen epen spaee at gr-etmd level shall not ifielude any vehieular-driveways er-pafk4ng areas.
(e) Side Sethaek Re"ir-ements. Side sethaeks shall be five (5) feet fniBimuffl ef greater-
d7 t .7 by the e e„ts F multiple ltiple F 1 .a 1 1 t
b '1� 1- -'
10
Annotated Text. Revisions to Condominium Conversion Regulations to address the El Camino North(ECN)and
Trousdale West(TNS Zoning Districts August 1,2007
raPP=r , as provide in Title 25.
(d) Conditions, G + .l Des+a-:n+iens Agreements. C=enditiens, eevenants and
r-estfietions agreements shall eentain,but not be limited to, adequate pr-evisions fef fnaintenane-e-,
that in the event of destraetion or-abolishment, r-eeenstpaetiefi shall be in aeoer-da-nee with eedes
in effeet at the time ef sueh r-eeenstFaetien; a-ad provisions for-dedieation of!and ef
and r-estfiefiefis shall deser-ibe. > daties,
laws,
Pffvr-ee that - site r 1a r ' �:�a-^r-a��i�ca to eendeminitima or-held
in
and
en
l Y Mb r r
Landseap. _ . . . ,d between the ffent property line afid faee ef the building e"al to an net.
less than fifty (50)per-eent of the let-afea within the required-ffent sethaek. Emphasis should be
plaeed oft turf and gr-ouftd eever-areas and en planting larger-seale and iner-e vei4ieal
f;
1 -.l - + f ,+a !4 Cl „+ of the 1area within lthi L,+ e e.l ent ^etha
sear O J � i t
(2) Site landseaping shall be suitable for-the speeifie stm'shade eiwir-enmeR4 of the let.
(3) Private open spaee fer-residential eendeminitifn e development. Pr-iva4e
opeft spa shall be pr-evided for-eaeh unit and shall be eentiguetts and dir-eefly weessible to eae-h
unit. Private epen spaee may be paved or-landseaped and shall be ser-eened or-fefleed for-the
f the residential unit when leemed within four-(4) feet ef established gr-ade. DeekS anA
feiiewing fninimum standards fn,.r«f ^+e epen ^r^ a shall n «1a>•
1
feet;(A) Seventy five (75) square feet for-eaeh gr-eund Beer-tmit with ne d4nension ef the
designated area less than ten (10)
(B) Seven4y five (75) sEfaafe feet fer- eaeh tmit abeve the gr-eund 14eer-with no dimeRsiOROf
designated less than„ +lffee and one half!2 1/2 \ feet-.
area11 \ /
(4) Common epen spaee for-residential eendeminium and eeeper-ative development.
addition to private epen 7
be pr-evided at net less than ene hundred (100) sEfaar-e feet per-dwelling 7
with fie diffien i
of any designated eet.—en open spaee area te be less than fifteen (15) feet. Sueh eenunen 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 desigped for-. ifive > and inelude landseaping >
(c) Cenunen o fer-, o .,1 an i„,1„st..ial , ndemi„i„m n ,. .,tike
511111111111 n ��o
(f) Pr-ejeet Plans and Subfnit4als. Pr-ejeet plans shall indieate aeeessibility for-
i r r -
, ueempleyees and eustemer-s to >
separation betW
s > areas;
lines;living u*its and aleng property e6entafien with Fespeet to
>
uses;sufr-etmding buildings and land
separate f4eilities for-individual units and aeeess easemeR4s to make r-epair-s iaeluding--.
demii m_pr-eje.,t
residentiala nns.�
) Sheek p of fneehanieal 1 r
�(3) F-- _-b-o ----e_t,-s f-- _1- _t 1 and plumbing LViueetv
a -
(4) Seund levels shall sa4isfy adepted neise element er-iter-ia and all State '
(c) Other-r-epefts may be ro a by t
y" ,-° ,7 y r r a adefRini
> eial >
een7't' ; fepeft building e r pli.nee witL. 11 building, and fire rV ..edes fr p oa
uses;
,
�
(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(TW)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 EI Camino North(ECN)and
Trousdale West(TN)Zoning Districts August 1,2007
(c) The proposed conversion will conform to this code and other applicable code provisions,
if any, 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
high 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
8b
AGENDA ITEM NO:
BURLINGAME STAFF REPORT
MEETING DATE: October 1,2007
TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY:
DATE: September 14, 2007 APPROVED BY:
FROM: William Meeker, Community Development Director— (650) 5507255
SUBJECT: 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 USE.
INTRODUCTION:
City Council should review the proposal 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. This is a study item for the City Council. Council should review the proposed changes with
staff and suggest any changes, if necessary; and introduce the ordinance.
The following Council actions should be taken to introduce the ordinance to amend the regulations in these
two zoning districts to imake them consistent:
A. Request City Clerk to read title of the proposed ordinance.
B. Waive further reading of the ordinance.
C. Introduce the proposed ordinance.
D. Direct the city clerk to publish a summary of the ordinance at least five days before proposed
adoption.
If the proposal for the amendments to the Trousdale West (TW) and EI Camino North (ECN) zoning changes
is clear, this item should be set for a second reading and public hearing at the Council meeting of September
17, 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.
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 USE.
October 1,2007
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-
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 USE.
October 1, 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:
• Ordinance of the City of Burlingame Amending Chapters 25.08, 25.04, 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
• 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.
S:IREPORTSICode AmendmentstAmend TW&ECN ZoningVntro Amend TW& ECN.10.01.07.doc
-3-
I ORDINANCE NO.
2 ORDINANCE OF THE CITY OF BURLINGAME AMENDING
CHAPTERS 25.08, 25.405 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 %2) 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 '/2 ) feet.
20
21 Section 3. Section 25.40.060 is amended to read as follows:
22 25.40.060 Height Limitations 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. No strarttire with a lot
4 front on Tronsdale Brive shall exceed seventy-five . Residential structures
5 without any commercial uses shall have a maximum height of sixty-two (62) feet. Residential
6 structures that meet the city's inclusionary housing requirements shall have a maximum height of
7 seventy-five(75) feet, if the inclusionary units are provided for a minimum of thirty(30)years.
8 (2) Mixed commercial and residential structures.
9 (a) Mixed commercial and residential structures with a lot front on Trousdale Drive shall
10 have a maximum height of seventy-five (75) feet.
11 (b) Mixed commercial and residential structures with a lot front on Magnolia Drive shall
12 have a maximum height of sixty(60) feet.
13 (3) Marco Polo Way, Ogden Drive, Murchison Drive, and Magnolia Drive. No structure
14 with a lot front on Marco Polo Way, Ogden Drive, Murchison Drive, or Magnolia Drive shall
15 exceed sixty(60) feet in height.
16 (4) The maximum height on any parcel may be exceeded by'a mechanical penthouse with
17 a maximum height of ten (10) feet as measured from the adjacent roof surface and covering no
18 more than five (5)percent of the roof area.
19 (5) On corner lots, the maximum height allowed for the lot front shall be the maximum
20 height allowed for the entire structure.
21 (c) Notwithstanding any provision of this chapter, maximum heights are also subject to
22 further limitation by the Federal Aviation Administration.
23 (d) Notwithstanding any other provision of this title, no variance shall be granted or
24 approved to exceed the maximum heights established in subsections (b) and (c) of this section.
25 (e) Maximum Lot Coverage. The maximum lot coverage is fifty(50)percent, except as
26 expressly provided in Section 25.40.025.
27
28 Section 4. A new Section 25.40.100 is added to read as follows:
2
1 25.40.100 Special Parking Requirements.
2 (a) Underground garages in setback areas. Garages may be constructed entirely below
3 ground level and such underground garages may project into any required yard or building
4 setback area.
5 (b) Unistalls. All parking stalls may be unistall parking spaces; however, all disabled
6 accessible parking spaces shall meet the dimensions required in the California Building Code in
7 effect at the time a project is submitted for city review. No compact parking stalls shall be
8 allowed if any unistall parking space is used for any required parking.
9 (c) Aisle Dimensions. All aisles within a parking area shall be as follows:
10 Parking Space Angle Required Back up Aisle
11 90 degree 24 feet
12 60 degree 18 feet
13 40 degree 13 feet
14 (d) Except as otherwise provided in this section, all uses shall provide parking spaces in
15 accordance with the applicable provision of Chapter 25.70 of this code.
16 (e) In office or mixed use structures that include office uses where the gross square
17 footage of the structure is greater than twenty thousand (20,000) square feet, health service and
18 office uses shall provide on-site parking at a ratio of one (1) parking space for each three hundred
19 (300) square feet of office or health service use; parking for all other uses on site shall be
20 provided on-site as required in Chapter 25.70.
21
22 Section 5. A new Subsection 25.41.060(b)(5) is added to read as follows:
23 (5) On corner lots, the maximum height allowed for the lot front shall be the maximum
24 height for the entire structure.
25
26 Section 6. Subsection 25.41.090(a) is amended to read as follows:
27 (a) Underground Garages in Setback Areas. Garages may be constructed entirely below
28 ground level and such underground garages may project into any required yard or building
3
I setback area., subject to the following limitations.
2
3 Section 7. This ordinance shall be published in accordance with law.
4
5
Mayor
6
7 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the
8 foregoing ordinance was introduced at a meeting of the City Council held on the day of
9 , 2007, and adopted thereafter at a regular meeting of the City Council held on the
10 day of , 2007, by the following vote:
11 AYES: COUNCILMEMBERS:
12 NOES: COUNCILMEMBERS:
13 ABSENT: COUNCILMEMBERS:
14
15
City Clerk
16
17
18
19
20
21
22
23
24
25
26
27
28
4
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
�
'�c�60 Height Limitations
(a) Nlinimum Reqiiir-ed Heights,
-- (1) -Tr4u a 1 D , M ufvhisen Drive andMagnolia Drive. A" stf�dewr-e
E E3�
Dr-we,
o1v ZMagnolia
height, _he. e_ is greater-;
(2) Ogden Drive and Marco Pele Way. Alstfunt..ve ee ta;ning n dwellinb
eemi %l tt with a lot ffent on Ogden Df e f A/Ta e ME) Way shall be at lest two
(7) stories „-twenty f (24) feet i height, 1,iehe .,tw
, `.. ei is �ivui.
0*Tretisdale Dfive. N tfuettife with a lot wire on Ttvus ni ie Drive shall
exeeed seventy five (75) feet in height.
(2)-Mar-eo Pole Way, Ogden Dr—ive, Miir-E13ifr6n Drive, . NO
V
stndcttife with a lot fent 6TrMafeo Pole Way, Ogdeneye, A/T'.'..eh..,e n:.:",
TR el;a Dfiye shall e ed sixty (60) feet in heigh+
Cc+Notwithstanding of this chhapimum heights .... also
n h'eet to future limitation by the Feder-a!Aviation A'lministiution.
WNotwithstanding any oth „F this titlno vaFianee hall be gran
or appfoved to exeeeed dhe heights established; 4sel.6ofw (hl
and (e) of this seetion,
(e)-Maximumlet Cover-age. The maximum lot eeverage is fifty (50) pefeefit,
exeept as e"ressly provided in ceetio 25.40.025.
Annotated Text: Proposed Amendments and Corrections to the Text of the Trousdale West(TTS and El
Camino North(ECN)Zoning District Regulations August 1,2007
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 lot front 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(TW)and El
Camino North(ECN)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 may be 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(TW)and El
Camino North(ECN)Zoning District Regulations August 1,2007
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 '/i 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(Ti9 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 te the fellewing limitafiens7-_.
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 '/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 '/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
AGENDA ITEM NO: 8C
BURL, STAFF REPORT
MEETING DATE: October 1.2007
TO: HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY:
DATE: September 14,2007 APPROVED BY: � e
FROM: William Meeker,Community Development Director—(650)558-7255
SUBJECT: INTRODUCE ORDINANCE TO AMEND TITLE 25,CHAPTER 25.70 OF THE MUNICIPAL
CODE TO ESTABLISH PARKING STANDARDS FOR ANIMAL SHELTERS
INTRODUCTION:
The City Council should review the proposal to amend the zoning regulations to establish parking
standards for animal shelters. This is a study item for the Council. 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 zoning 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:
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.
CITY COUNCIL MEETING — October 1, 2007
Introduction of an Ordinance to Establish Parking Standards for Animal Shelters
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
• Ordinance of the City of Burlingame Amending Section 25.70.40 to Affirm Parking Requirements for
Animal Shelters and Animal Rescue Centers
S:IREPORTSICode AmendmentslPkg Req for Animal SheltersICCSR-Intro Ord Pkg Stds for Animal Shelters.10.01.07doc
2
City of Burlingame Planning Commission Unapproved Minutes August 27, 2007
• David Leung, 3066 H9 Iside 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 oncerned about original d eway and landscape plan. All inf 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 from what was approved.
Wood trim needs to a installed along with other decors a elements, including wood siding, that
have been elimin d.
• The transom wi dow on the rear elevation is not ne ssary.
• Could be ref red to a design reviewer to look a aking it conform more closely to the ap oved
plans.
I
Osterling moved to continue the 'em with direction to the applicant to ad ess the itemsommission in its discussion, o envise, the application may be denied.s seconded by Commissi er Cauchi.ed for a voice vote the motion to continue. The motion
ss
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 Calendar
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-
i
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
Re: Parking Determination for Animal Shelters and Animal Rescue Facilities
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.
a
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).
i
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:
(1.0.8 X 50,000 sf)+(2.23 X 37,000 sfl= 1.57 parking spaces per thousand sf
50,000 sf+37,700 sf
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.
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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
v &niyPublkNt)ri,t°c�.c oiti
Back
http://www.mypublicnotices.com/InsideB ayArea/PublicNotice.asp?Page=PublicNoticePrint&AdID=6299... 8/21/2007
1 ORDINANCE No.
2 ORDINANCE OF THE CITY OF BURLINGAME
AMENDING SECTION 25.70.40 TO AFFIRM PARKING REQUIREMENTS FOR
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 1 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
23 1, 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 day
25 of , 2007, and adopted thereafter at a regular meeting of the City Council held on the
26 day of , 2007, by the following vote:
27
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1
I AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
4
City Clerk
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7 U:\F[LES\ORDINANC\animalshelterpkg.pin.wpd
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r AGENDA 9a
rrEM#
STAFF REPORT MAG_
DATE:October 1,2007
TO: Honorable Mayor and City Council Members SUBMITTED V
BY: Jack Van Etten,Chief of Polio
DATE: September 12,2007
APPROVED
FROM: Jack Van Etten,Chief of Police4 BY: Jim Nantell,City Manager 9� 6
SUBJECT: Early Funding Request—Replacement of Portable Radios,Radio Narrow Banding'Upgrading and
adding a Transmission Receiving Repeater
RECOMMENDATION: That the City Council:
1. Amend the FY07-08 Capital Improvements Budget and increase the appropriation for Phase I of the Police
Radio Replacement Project from$50,000 to$87,000.
2. Approve the purchase of portable public safety radios and related equipment for the Burlingame Police
Department.
BACKGROUND AND DISCUSSION:
As a necessary part of any public safety organization,police departments rely on the use of two-way radios as
their primary form of communications with officers deployed in the field.Officers in the field use these devices
to coordinate general and emergency information back to our communications dispatch center,as well as to
other officers in the field.This is accomplished in a number of ways,but generally through the use of portable
radios which are issued to officers who carry these communications devices with them while on-duty.
At the present time,the Burlingame Police Department relies on our portable radios that are at least 10-12 years
old.These portable radios are at the end of their practical service life-cycle to provide critically important
communications.Within the past 3 years,our portable radios have required the purchase of special new
batteries in an attempt to maintain the quality of transmissions and receptions made by our officers.Our
portable radios are long out of warranty and we are experiencing added maintenance costs to keep them in
service.More importantly,however,the quality of the portable radio transmissions made by our officers in the
field has degraded.Communications dispatchers and other officers in the field are frequently unable to hear and
distinguish a number of portable radio transmissions in some parts of our city(mainly the south and southeast
areas).This degrading of portable radio transmissions and receptions poses a significant safety threat,not only
to our officers,but to the well being of our community,as well,during both routine times and especially in
times of emergency.
The FCC requires that all police radios be converted to narrow banding by the year 2013.According to the
experts that maintain our radio system and equipment,the current police department portable radios are not
capable of being converted to narrow banding.Even if they could,it would be economically impractical and
unreasonable to convert old portable radios to the narrow banding requirement,since the lifespan of police
i - -
portable radios is at its end. The police department originally anticipated the conversion of portable radios to
narrow band compliance to begin with the purchase of new portable radios beginning next FY (08-09).
However, the state of the equipment (resulting in the degrading of portable radio transmissions and receptions)
necessitates that the portable radios (and compliance with the FCC mandate for narrow banding) be replaced as
soon as possible.
In this current budget cycle (FY 07-08) the city began placing $50,000.00 away in a capital improvement
project each year for the next 3 fiscal years for a total of$150,000.00. It is anticipated that the majority of the
funds will be used for portable radio replacement and portable radio communications upgrade. Remaining funds
in this project will be used to upgrade and replace our radio antennas and related structures for our
communications dispatch center in the next few years.
As indicated, this capital improvement project began in anticipation of the funds required to replace and
upgrade our existing portable radios, to upgrade and convert other police mobile and console radios to meet the
FCC narrow banding regulations by 2013. Similar to Burlingame, all of the other law enforcement agencies in
San Mateo County will be required to comply with FCC radio regulations prior to 2013 deadline. It is
anticipated that our county law enforcement agencies will be in complete compliance long before the FCC 2013
requirement deadline.
FISCAL IMPACT:
The FY07-08 Capital Improvements Fund contains $50,000 for Phase I funding of the Police Radio
Replacement Project. Additional annual appropriations of$50,000 were planned for FY08-09 (Phase II) and
FY09-10 (Phase III) for total project funding of$150,000.
The cost of Phase I was originally estimated to be $50,000. The actual costs are determined to be $87,000
based on pricing from vendors and contractors. Therefore, Phase I requires the additional $37,000
appropriation in FY07-08. The Finance Director projects funds to be available to cover this additional
appropriation. Total project funding is still anticipated to be $150,000. Phase II and Phase III funding will be
adjusted accordingly in the ensuing budgets to reflect the increased appropriation for Phase I.
ATTACHMENTS:
None
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING BUDGET AMENDMENT TO THE CAPITAL IMPROVEMENT
PROGRAM BUDGET
FOR THE CITY OF BURLINGAME
FISCAL YEAR ENDING JUNE 309 2008
FOR PURCHASE OF PHASE I POLICE RADIO REPLACEMENT PROJECT
RESOLVED by the CITY COUNCIL of the CITY OF BURLINGAME that:
WHEREAS, the City adopted its capital improvement project (CIP) budget in June 2007,
which included the Phase I Police Radio Replacement Project; and
WHEREAS, the costs of Phase I are greater than those appropirated in the adopted CIP
because equipment that was projected to be purchased in Phases II and III of the Project in future
fiscal years, must instead be purchased in the first phase of the project so that Department
communications can continue to function; and
WHEREAS, it is expected that purchasing this equipment in Phase I will have some
commensurate reduction in Phases II and III; and
WHEREAS, there are sufficient revenues projected in Fiscal Year 2007-2008 to fund
this additional cost during the current fiscal year,
NOW, THEREFORE, IT IS ORDERED AS FOLLOWS:
1 . The budget for Phase I of the Police Radio Replacement Project for fiscal year 2007-
2008 is amended by appropriating an additional $37,000 to the Project.
Mayor
I, DORIS MORTENSEN, Deputy City Clerk of the City of Burlingame, do hereby certify
that the foregoing resolutions were 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
Agenda
Item # 9b
Meeting
BURLINGAME STAFF REPORT Date: October 1, 2007
SU BMITTE6Y��
APPROVED BY
TO: HONORABLE MAYOR AND CITY COUNCIL
DATE: SEPTEMBER 18, 2007
FROM: PUBLIC WORKS
SUBJECT: RESOLUTION AWARDING CONSTRUCTION CONTRACT FOR 2007
STREET RESURFACING PROGRAM - CITY PROJECT 81670
RECOMMENDATION: It is recommended that the Council approve the attached resolution
awarding the street resurfacing project to C. F. Archibald Paving Inc. in the amount of $440,545.
It is also recommended that staff be authorized to issue change orders for additional work up
to $214,000 to take advantage of the low bid prices.
BACKGROUND: The project bids were opened on September 18, 2007 and ten bids were
received ranging from $440,545 to $680,997. C.F. Archibald Paving, Inc. is the lowest
responsible bidder with its bid amount being 20.6% below the Engineer's estimate of $555,247.
The contractor has met all the requirements of the project and has a past history of successful
work for the City as well as for other public agencies.
The project consists of asphalt base-failure repair, asphalt overlay and pavement reconstruction
in the Burlinghome subdivision area as shown on the attached map. The project construction is
scheduled to begin in November will be completed by December. Staff will send construction
notices to the residents in the area and will work with the contractor to minimize the
inconvenience to the residents as much as possible.
BUDGET IMPACT: The following is a financial summary for the project:
Estimated expenditures:
Construction $ 440,545
Contingencies $ 214,000
Engineering Administration $ 95,455
Total: $ 750,000
There are adequate funds in the street resurfacing capital improvement project to cover the
expenditures.
EXHIBITS: Resolution, Agreement, Bid Summary, Project Map
Donald T. Chang, P. E.
Senior Civil Engineer
C: Jesus Nava, Finance Director; Doris Mortensen, City Clerk
SAA Public Works Directory\Staff Reports\81670 RESUR award.doc
RESOLUTION NO. -
AWARDING CONTRACT FOR CONSTRUCTION CONTRACT FOR 2007 STREET
RESURFACING PROGRAM
TO
C.F.ARCHIBALD PAVING INC.
CITY PROJECT NO. 81670
WHEREAS, the City Council has authorized an invitation for proposals for the - CITY
PROJECT 81670-CONTRACT FOR 2007 STREET RESURFACING PROGRAM
WHEREAS, on SEPTEMBER 18, 2007, all proposals were received and opened before the City
Clerk and representatives of the Public Works Department; and
WHEREAS,C.F. ARCHIBALD PAVING INC.,submitted the lowest responsible bid for the job
in the amount of$912,039.25.
NOW, THEREFORE, be it RESOLVED, and it is hereby ORDERED, that the Plans and
Specifications, including all addenda,are approved and adopted;and
BE IT FURTHER RESOLVED that the bid of C.F. ARCHIBALD PAVING INC., for said
project in the amount of$440,545.00,and the same hereby is accepted; and
BE IT FURTHER RESOLVED THERETO that a contract be entered into between the successful
bidder hereinabove referred to and the City of Burlingame for the performance of said work, and that the
City Manager be, and he hereby is authorized for and on behalf of the City of Burlingame to execute said
contract and to approve the faithful performance bond and the labor materials bond required to be
furnished by the contractor.
Mayor
I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the City Council held on the day of
, 2007,and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk
SAA Public Works Directory\Author,By Name\.loanne Louie\ResolutnAWard.awd.doc,
AGREEMENT FOR PUBLIC IMPROVEMENT
STREET RESURFACING PROGRAM 2007
CITY PROJECT NO. 81670
THIS AGREEMENT, made in duplicate and entered into in the City of Burlingame,
County of San Mateo, State of California on , 9 , by and between the
CITY OF BURLINGAME, a municipal corporation, hereinafter called "City", and C. F.
Archibald Paving Inc, hereinafter called "Contractor,"
WITNESSETH :
WHEREAS, City has taken appropriate proceedings to authorize construction of the
public work and improvements herein provided for and to authorize execution of this Contract;
and
WHEREAS, pursuant to State law and City requirements, a notice was duly published
for bids for the contract for the improvement hereinafter described; and
WHEREAS, on October 1, 2007, after notice duly given, the City Council of Burlingame
awarded the contract for the construction of the improvements hereinafter described to Contrac-
tor, which the Council found to be the lowest responsible bidder for these improvements; and
WHEREAS, City and Contractor desire to enter into this agreement for the construction
of said improvements,
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
1. Scope of work
Contractor shall perform the work described in those Specifications entitled: STREET
RESURFACING PROGRAM 2007. CITY PROJECT NO. 81670
2. The Contract Documents
The complete contract consists of the following documents: this Agreement, Notice
Inviting Sealed Bids, the prevailing wage rates of the State of California applicable to this project
by State law, the accepted Bid Proposal, the complete plans, profiles, detailed drawings and
Standard Specifications, Special Provisions and all bonds, and are hereinafter referred to as the
Contract Documents. All rights and obligations of City and Contractor are fully set forth and
described in the Contract Documents. All of the above described documents are intended to
cooperate so that any work called for in one, and not mentioned in the other, or vice versa, is to
be executed the same as if mentioned in all said documents.
3. Contract Price
The City shall pay, and the Contractor shall accept, in full, payment of the work above
agreed to be done, the sum of Four hundred forty thousand five hundred and forty-five dollars
($ 440,545.00). This price is determined by the unit prices contained in Contractor's Bid. In the
event authorized work is performed or materials furnished in addition to those set forth in
Contractor's Bid and the Specifications, such work and materials will be paid for at the unit prices
therein contained. Said amount shall be paid in progress payments as provided in the Contract
Documents.
4. Provisions Cumulative.
The provisions of this Agreement are cumulative and in addition to and not in limitation of
any other rights or remedies available to the City.
5. Notices.
All notices shall be in writing and delivered in person or transmitted by certified mail,
postage prepaid.
Notices required to be given to the City shall be addressed as follows:
CITY ENGINEER
CITY OF BURLINGAME
501 Primrose Road
Burlingame, California 94010
Notices required to be given to Contractor shall be addressed as follows:
C.F. Archibald Paving, Inc.
3624 Haven Avenue
Redwood Ctiy, Ca. 94064
6. Interpretation.
As used herein, any gender includes the other gender and the singular includes the plural
and vice versa.
7. Waiver or Amendment.
No modification, waiver, mutual termination, or amendment of this Agreement is effective
unless made in writing and signed by the City and the Contractor.
IN WITNESS WHEREOF, two identical counterparts of this Agreement, consisting of
three (3) pages, including this page, each of which counterparts shall for all purposes be deemed
an original of this Agreement, have been duly executed by the parties hereinabove named on the
day and year first hereinabove written.
CITY OF BURLINGAME, "CONTRACTOR"
a Municipal Corporation
By By
City Manager, Jim Nantell C.F. Archibald Paving Inc.
Approved as to form:
City Attorney, Larry Anderson
ATTEST:
City Clerk, Doris Mortenson
CITY OF BURLINGAME
BID SUMMARY
STREET RESURFACING PROGRAM 2007
City Project No.81670
Engineer's Estimate C.F.Archibald Paving,Inc. G.Bortolotto&Co.,Inc. Ghilotti Bros.,Inc.
ITEM DESCRIPTION OF ITEM ESTIMATED UNIT UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST
QUANTITY
71
SCHEDULE STREET RESURFACING
1 A.C. Di out Repair 432 TON $ 125.00 $ 54,000.00 $ 110.00 $ 47,520.00 $ 110.00 $ 47,520.00 $ 160.55 $ 69,357.60
2 Concrete Removal 142 C.Y. $ 200.00 $ 28,400.00 $ 60.00 $ 8,520.00 $ 110.00 $ 15,620.00 $ 93.00 $ 13,206.00
3 Aggregate Base 10 TON $ 50.00 $ 500.00 $ 10.00 $ 100.00 $ 39.00 $ 390.00 $ 35.00 $ 350.00
4 Leveling Course 383 TON $ 100.00 $ 38,300.00 $ 84.00 $ 32,172.00 $ 82.28 $ 31,513.24 $ 90.00 $ 34,470.00
5 A.C. Overlay 3246 TON $ 90.00 $ 292,140.00 $ 82.00 $ 266,172.00 $ 82.28 $ 267,080.88 $ 82.25 $ 266,983.50
6 Cold Plane 1666 C.Y. $ 60.00 $ 99,960.00 $ 30.00 $ 49,980.00 $ 47.00 $ 78,302.00 $ 50.00 $ 83,300.00
7 En ineered Paving Mat 4542 S. Y. $ 5.00 $ 22,710.00 $ 4.00 $ 18,168.00 $ 3.89 $ 17,668.38 $ 4.00 $ 18,168.00
8 Adjust Manholes 12 EACH $ 650.00 $ 7,800.00 $ 300.00 $ 3,600.00 $ 139.00 $ 1,668.00 $ 600.00 $ 7,200.00
9 Adjust Valves, Lam holes, Etc 27 EACH $ 275.00 $ 7,425.00 $ 250.00 $ 6,750.00 $ 139.00 $ 3,753.00 $ 300.00 $ 8,100.00
10 Type"A"&"AY" Pavement Markers 140 EACH $ 4.00 $ 560.00 $ 6.50 $ 910.00 $ 25.00 $ 3,500.00 $ 5.00 $ 700.00
11 Type"D"& Blue Pavement Markers 30 EACH $ 7.00 $ 210.00 $ 17.00 $ 510.00 $ 25.00 $ 750.00 $ 12.00 $ 360.00
12 4"Solid Line-- Paint 100 L. F. $ 1.50 $ 150.00 $ 2.20 $ 220.00 $ 0.90 $ 90.00 $ 6.00 $ 600.00
13 6"Solid Line-- Paint 100 L. F. $ 1.50 $ 150.00 $ 3.30 $ 330.00 $ 1.00 $ 100.00 $ 6.00 $ 600.00
14 8"Solid Line- Paint 100 L. F. $ 1.50 $ 150.00 $ 4.40 $ 440.00 $ 1.25 $ 125.00 $ 6.00 $ 600.00
15 12"Solid Line-- Paint 500 L. F. $ 2.50 $ 1,250.00 $ 4.90 $ 2,450.00 $ 1.60 $ 800.00 $ 2.50 $ 1,250.00
16 Parking Tees 8 EACH $ 25.00 $ 200.00 $ 37.00 $ 296.00 $ 10.00 $ 80.00 $ 25.00 $ 200.00
17 Legends&Arrows-- Paint 414 S. F. $ 3.00 $ 1,242.00 $ 5.50 $ 2,277.00 $ 1.40 $ 579.60 $ 5.00 $ 2,070.00
18 Handicap Legends 1 EACH $ 100.00 $ 100.00 $ 130.00 $ 130.00 $ 45.00 $ 45.00 $ 225.00 $ 225.00
Subtotal: $ 555,247.00 $ 440,545.00 $ 469,585.10 $ 507,740.10
9/18/2007
1 of 3
CITY OF BURLINGAME
BID SUMMARY
STREET RESURFACING PROGRAM 2007
City Project No.81670
Engineer's Estimate O'Grady Paving Inc. Pavex Construction Company Alaniz Construction,Inc.
ITEM DESCRIPTION OF ITEM ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST 7
UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST
SCHEDULE STREET RESURFACING
1 A.C. Di out Repair 432 TON $ 125.00 $ 54,000.00 $ 190.00 $ 82,080.00 $ 155.00 $ 66,960.00 $ 140.00 $ 60,480.00
2 Concrete Removal 142 C.Y. $ 200.00 $ 28,400.00 $ 140.00 $ 19,880.00 $ 400.00 $ 56,800.00 $ 150.00 $ 21,300.00
3 Aggregate Base 10 TON $ 50.00 $ 500.00 $ 100.00 $ 1,000.00 $ 35.00 $ 350.00 $ 80.00 $ 800.00
4 Leveling Course 383 TON $ 100.00 $ 38,300.00 $ 95.00 $ 36,385.00 $ 90.00 $ 34,470.00 $ 100.00 $ 38,300.00
5 1A.C. Overla 3246 TON $ 90.00 $ 292,140.00 $ 85.00 $ 275,910.00 $ 85.00 $ 275,910.00 $ 90.00 $ 292,140.00
6 Cold Plane 1666 C.Y. $ 60.00 $ 99,960.00 $ 45.00 $ 74,970.00 $ 58.00 $ 96,628.00 $ 60.00 $ 99,960.00
7 Engineered Paving Mat 4542 S.Y. $ 5.00 $ 22,710.00 $ 4.00 $ 18,168.00 $ 4.00 $ 18,168.00 $ 5.50 $ 24,981.00
8 Adjust Manholes 12 EACH $ 650.00 $ 7,800.00 $ 350.00 $ 4,200.00 $ 585.00 $ 7,020.00 $ 880.00 $ 10,560.00
9 Adjust Valves, Lam holes, Etc 27 EACH $ 275.00 $ 7,425.00 $ 200.00 $ 5,400.00 $ 285.00 $ 7,695.00 $ 733.00 $ 19,791.00
10 Type"A"&"AY" Pavement Markers 140 EACH $ 4.00 $ 560.00 $ 7.00 $ 980.00 $ 6.00 $ 840.00 $ 31.25 $ 4,375.00
11 Type"D"& Blue Pavement Markers 30 EACH $ 7.00 $ 210.00 $ 20.00 $ 600.00 $ 15.00 $ 450.00 $ 31.25 $ 937.50
12 4"Solid Line-- Paint 100 L. F. $ 1.50 $ 150.00 $ 3.00 $ 300.00 $ 2.00 $ 200.00 $ 1.25 $ 125.00
13 6"Solid Line-- Paint 100 L. F. $ 1.50 $ 150.00 $ 4.00 $ 400.00 $ 3.00 $ 300.00 $ 1.56 $ 156.00
14 8"Solid Line-- Paint 100 L. F. $ 1.50 $ 150.00 $ 4.50 $ 450.00 $ 4.00 $ 400.00 $ 1.88 $ 188.00
15 12"Solid Line-- Paint 500 L. F. $ 2.50 $ 1,250.00 $ 5.00 $ 2,500.00 $ 4.50 $ 2,250.00 $ 2.19 $ 1,095.00
16 Parking Tees 8 EACH $ 25.00 $ 200.00 $ 40.00 $ 320.00 $ 35.00 $ 280.00 $ 12.50 $ 100.00
17 Legends&Arrows-- Paint 414 S. F. $ 3.00 $ 1,242.00 $ 5.50 $ 2,277.00 $ 5.00 $ 2,070.00 $ 1.88 $ 778.32
18 Handicap Legends 1 EACH $ 100.00 $ 100.00 $ 140.00 $ 140.00 $ 125.00 $ 125.00 $ 62.50 $ 62.50
Subtotal: $ 555,247.00 $ 525,960.00 $ 570,916.00 $ 576,129.32
9/18/2007
2of3
CITY OF BURLINGAME
BID SUMMARY
STREET RESURFACING PROGRAM 2007
City Project No.81670
A.Gonsalves&Son
Granite Construction Company Martin Brothers Construction J.Construction,Inc. Interstate Grading&Paving Inc.
--F-
ITEM DESCRIPTION OF ITEM ESTIMATED UNIT UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST
QUANTITY
SCHEDULE STREET RESURFACING
1 A.C. Di out Repair 432 TON $ 146.00 $ 63,072.00 $ 258.00 $ 111,456.00 $ 275.00 $ 118,800.00 $ 165.00 $ 71,280.00
2 Concrete Removal 142 C.Y. $ 249.00 $ 35,358.00 $ 193.00 $ 27,406.00 $ 120.00 $ 17,040.00 $ 400.00 $ 56,800.00
3 Aggregate Base 10 TON $ 59.00 $ 590.00 $ 100.00 $ 1,000.00 $ 150.00 $ 1,500.00 $ 45.00 $ 450.00
4 Leveling Course 383 TON $ 96.50 $ 36,959.50 $ 117.00 $ 44,811.00 $ 82.60 $ 31,635.80 $ 115.00 $ 44,045.00
5 A.C. Ove rlay 3246 TON $ 96.50 $ 313,239.00 $ 101.50 $ 329,469.00 $ 82.60 $ 268,119.60 $ 102.00 $ 331,092.00
6 Cold Plane 1666 C.Y. $ 53.50 $ 89,131.00 $ 14.00 $ 23,324.00 $ 69.00 $ 114,954.00 $ 77.00 $ 128,282.00
7 Engineered Paving Mat 4542 S.Y. $ 4.00 $ 18,168.00 $ 4.50 $ 20,439.00 $ 3.95 $ 17,940.90 $ 4.00 $ 18,168.00
8 Adjust Manholes 12 EACH $ 450.00 $ 5,400.00 $ 700.00 $ 8,400.00 $ 500.00 $ 6,000.00 $ 1,000.00 $ 12,000.00
9 Adjust Valves, Lam holes, Etc 27 EACH $ 350.00 $ 9,450.00 $ 500.00 $ 13,500.00 $ 500.00 $ 13,500.00 $ 500.00 $ 13,500.00
10 Type"A"&"AY" Pavement Markers 140 EACH $ 6.00 $ 840.00 $ 6.60 $ 924.00 $ 20.00 $ 2,800.00 $ 10.00 $ 1,400.00
11 Type"D"& Blue Pavement Markers 30 EACH $ 15.00 $ 450.00 $ 16.50 $ 495.00 $ 25.00 $ 750.00 $ 12.00 $ 360.00
12 4"Solid Line-- Paint 100 L. F. $ 2.00 $ 200.00 $ 2.20 $ 220.00 $ 6.00 $ 600.00 $ 1.00 $ 100.00
13 6" Solid Line - Paint 100 L. F. $ 3.00 $ 300.00 $ 3.30 $ 330.00 $ 8.00 $ 800.00 $ 1.25 $ 125.00
14 8"Solid Line-- Paint 100 L. F. $ 4.00 $ 400.00 $ 4.40 $ 440.00 $ 10.00 $ 1,000.00 $ 1.50 $ 150.00
15 12"Solid Line-- Paint 500 L. F. $ 4.50 $ 2,250.00 $ 4.95 $ 2,475.00 $ 5.00 $ 2,500.00 $ 2.00 $ 1,000.00
16 Parking Tees 8 EACH $ 35.00 $ 280.00 $ 38.50 $ 308.00 $ 50.00 $ 400.00 $ 12.50 $ 100.00
17 Legends&Arrows--Paint 414 S. F. $ 5.00 $ 2,070.00 $ 5.50 $ 2,277.00 $ 7.00 $ 2,898.00 $ 5.00 $ 2,070.00
18 Handicap Legends 1 EACH $ 125.00 $ 125.00 $ 137.00 $ 137.00 $ 395.00 $ 395.00 $ 75.00 $ 75.00
Subtotal: $ 578,282.50 $ 587,411.00 $ 601,633.30 $ 680,997.00
9/18/2007
3of3
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CITY � STAFF REP ORT
BUR�JNGnME AGENDA 9c
ITEM#
' 6'0oe DATE 10/1/07
TO: HONORABLE MAYOR AND CITY COUNCIL sUBMrrTED
BY 1 � y
DATE: October 1, 2007
FROM: Deirdre Dolan, Human Resources Director
suwEcT: Approval of Termination of the California Public Entity Insurance Authority Joint Powers
Agreement
RECOMMENDATION:
Staff recommends that the Council approve the attached resolution terminating the California Public Entity
Insurance Authority(CPEIA)Joint Powers Agreement.
BACKGROUND:
The City's workers' compensation program is self-insured, and the City has routinely obtained excess
insurance coverage to limit claims liability. The City has obtained excess insurance coverage through CSAC
California Public Entity Liability Insurance Authority (CPEIA) since October 1, 2003. As of June 30, 2007,
CSAC merged CPEIA into the County Excess Insurance Authority (EIA), thereby combining the California
Public Entity Insurance Authority (CPEIA) and the County EIA into one entity. As a result, CPEIA members
have been asked to take action to terminate the CPEIA Joint Powers Agreement by December 31, 2007. There
are no associated changes to our current excess insurance program or coverage as a result of this action.
BUDGET IMPACT:
There is no budget impact associated with this action.
ATTACHMENTS:
Resolution
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
TERMINATING THE CALIFORNIA PUBLIC ENTITY INSURANCE AUTHORITY
JOINT POWERS AGREEMENT
WHEREAS, the CSAC Excess Insurance Authority(EIA) and the California Public
Entity Insurance Authority(CPEIA) have merged into one organization,the EIA, and there is no
need for the CPEIA to continue to exist; and
WHEREAS, CPEIA members are able to join the EIA as public entity members; and
WHEREAS, pursuant to Article 22 of the CPEIA Joint Powers Agreement(Agreement)
the affirmative vote of the governing bodies of three-fourths of the members are required to
terminate the Agreement; and
WHEREAS, there are no assets or other property to distribute under Article 22 of the
Agreement;
NOW, THEREFORE, BE IT RESOLVED that:
1. Pursuant to the provisions of Article 22 of the Agreement, the City elects to terminate
the CPEIA, and this termination shall become effective upon the affirmative vote of the
governing bodies of three-fourths of the members of the CPEIA.
MAYOR
1, 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
STAFF REPORT
BURLINGAME AGENDA 9d
ITEM#
MTG. 10/1/07
DATE
TO: HONORABLE MAYOR AND CITY COUNCIL SUBNATTED
BY Q Y�
DATE: September 24,2007
APPR D
FROM: Parks & Recreation Director BY
SUBJECT: APPROVAL OF THE AGREEMENT FOR MTAINING A STRONG
COLLABORATEIVE RELATIONSHIP BETWEEN THE CITY OF
BURLINGAME AND THE BURLINGAME ELEMENTARY SCHOOL
DISTRICT
RECOMMENDATION: It is recommended that the City Council approve the attached
Agreement for Maintaining a Strong Collaborative Relationship between the City of Burlingame
and the Burlingame Elementary School District
BACKGROUND:
The City of Burlingame and Burlingame School District have a long partnership that has
provided our mutual community appropriate recreation programs, crossing guards and other
services. This Agreement, negotiated by members of the City-School Liaison Committee,
establishes the current partnership as appropriate for the next two year and establishes a process
for future discussions or dispute resolution. Examples of the joint services covered under the
Agreement include after-school recreation programs, field maintenance, use and scheduling of
District facilities, City's financial contribution to the District, crossing guards, distribution of
information for community events, the school liaison officer and District participation in
community events. The Agreement also spells out the duties of the Parks &Recreation
Commission liaison to the School District and calls for biannual reports to both the City Council
and the School Board.
BUDGET IMPACT:
There is no budget impact associated with this Agreement, as the budget items included in the
Agreement have been previously approved by Council and are currently in place.
ATTACHMENTS:
A. Agreement for Maintaining a Strong Collaborative Relationship between the City of
Burlingame and the Burlingame Elementary School District
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
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
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the cooperation and partnerships established between the City of Burlingame
and its various school districts and education providers have been a hallmark of the vitality of the
community; and
WHEREAS, in 2002, the City approved a joint policy and philosophy regarding the
District's valued sharing of its facilities for community uses; and
WHEREAS, the City-School Liaison Committee has crafted an agreement that will sustain
the cooperation and collaboration that the District Board of Trustees and the City Council and the
agency staffs have developed over the past 25 years,
NOW,THEREFORE, IT IS ORDERED:
1. The Agreement for Maintaining A Strong Collaborative Relationship between the City
of Burlingame and the Burlingame Elementary School District attached hereto as Exhibit A is
approved, and the Mayor is requested to execute it on behalf of the City.
MAYOR
I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the
foregoing resolution was introduced at a regular meeting of the City Council held on the day of
, 2007, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
Agreement for Maintaining a Strong Collaborative Relationship
Between
The City of Burlingame and
The Burlingame Elementary School District
This Agreement is entered into as of October,2007(the"Effective Date')by and
between the City of Burlingame(the"City')and the Burlingame Elementary School
District(the"School District").
Recitals
A. Whereas the City and School District exist to serve the community needs of the
same residents;and
B. Whereas the citizens of Burlingame elect representatives to the two different
governmental entities to serve as policy makers for their respective responsibilities of
education and city services;and
C. Whereas the parties agree that Burlingame's residents expect that governmental
agencies will maintain cooperative and supportive relationships that will serve as a
basis for collaboration to better serve the community;and
D. Whereas the City and School District have worked together well in the past,and
continue to desire to work together in the future to provide appropriate recreation and
after-school programs,crossing guards and other services for the benefit of
Burlingame's citizens;and
E. Whereas the community's needs are best served through cooperation among
elected and appointed public officials;and
F. Whereas public criticism based on less than complete information can undermine
the goal of cooperation and mutual support between the City and the School District;
and
G. Whereas the elected and appointed officials for each entity are called upon to
use their in-depth knowledge to prioritize the allocation of financial resources to respond
to competing community demands for city/educational services:
NOW,THEREFORE,THE PARTIES AGREE TO THE FOLLOWING:
1. Description of Joint Services. Set forth as Exhibit A to this Agreement is a
description of some of the resources invested by each party,and the operating
guidelines currently followed by the parties,to provide recreation and after-school
programs,crossing guards and other services requiring cooperation between the City
and the School District for the benefit of the citizens of Burlingame (the "Joint
Services"). This description is not meant to be exhaustive of all the areas in which the
City and School District currently work together for the benefit of Burlingame's citizens.
The City and School District agree that as of the date of this Agreement, the
contributions made by each party to the Joint Services are appropriate.
2. Changes in Contributions to Joint Services. The parties acknowledge that
circumstances can change and that the City or the School District might request a
revision in the resources contributed to the Joint Services or the operating guidelines
concerning such Joint Services. Should that be the case, both parties agree to work
through the City-School District Liaison Committee (the "Liaison Committee") to discuss
the proposed revision.
3. Rules of Conduct. In order to achieve and maintain the desired collaborative
relationship between the City and the School District, the parties agree that the elected
and appointed officials for each entity will act according to the following guidelines:
a) The parties will use the Liaison Committee as the forum to communicate and
gain information to better understand any issues that may arise between the City and
the School District pertaining to the Joint Services.
b) Each party will provide timely notice to the other when circumstances may
require a change in the delivery of the Joint Services. If circumstances so require, the
parties agree to convene an emergency meeting of the Liaison Committee to discuss
the proposed change.
c) In the event that an issue pertaining to the Joint Service cannot be resolved to
the satisfaction of the City and the School District after they have used their best efforts
to address the matter through the Liaison Committee, the City and the School District
will promptly convene a joint meeting of all available members of their respective
governing boards to discuss the issue further (the "Joint Meeting"). No elected or
appointed official of either party may publicly discuss the issue in dispute except in the
following circumstances: (i) if the official serves on the Liaison Committee, he or she
may provide a factual update about the issue during a public meeting of his or her
governing board; (ii) at the Joint Meeting; (iii) at a public meeting of his or her governing
board that takes place subsequent to the Joint Meeting; and (iv) at any time following a
determination by a majority vote of that official's governing board that it is appropriate to
comment publicly about the issue.
d) No action will be taken by either party pertaining to the Joint Services until the
parties have used their best efforts to address the matter through the Liaison Committee
and the Joint Meeting.
e) The elected and appointed officials of each party will take positive steps to
encourage adherence to this Agreement. For example, should an official observe
behavior by one of his or her colleagues that is not in accord with this Agreement (e.g.,
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discussing a matter publicly except as permitted above), the official will ask his or her
colleague to refrain from such behavior.
4. Term. This Agreement shall commence as of the Effective Date, shall continue for a
period of two (2) years, and will automatically renew for additional one (1) year periods
unless either party gives notice of nonrenewal to the other party at least sixty (60) days
prior to the then current termination date. In the event either party does not want to
renew this Agreement, the parties agree to discuss the matter at a Liason Commiittee
within thirty (30) days following the issuance of the nonrenewal notice.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
Effective Date set forth above.
CITY OF BURLINGAME BURLINGAME ELEMENTARY
SCHOOL DISTRICT
By: By:
Name: Name:
Title: Title:
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Exhibit A
Description of Joint Services
A. Recreation Programs and Field Maintenance
1. Use and Scheduling of Fields, Gymnasiums and Classrooms
The City has agreed to be responsible for scheduling the use of the athletic fields at
Burlingame Intermediate School ("BIS") and Franklin Elementary School (collectively,
the "Fields") by the School District, City, nonprofit organizations and other potential
users during all non-school hours, such as after school, weekends and vacation
periods. The City is also responsible for charging appropriate fees for use of the Fields,
as shown on the City's and School District's rate schedule, which will be reviewed and
potentially updated annually by the School District and City following a Liaison
Committee discussion. Funds collected from City recreational activities and use of
Fields by nonprofit organizations or private parties are the property of the City.
The School District has agreed to be responsible for scheduling the use of
classrooms and gymnasiums by the School District, City, nonprofit organizations and
other potential users. The School District will give the City first priority for use of
classrooms and gymnasiums when they are not being used for School District activities.
The parties will not charge each other for use of their indoor facilities provided for under
this Agreement, or for maintenance personnel associated with such use, unless such
use results in required overtime costs. The School District will not unreasonably
withhold use of any of its classrooms or gymnasiums from the City.
2. City's Field Maintenance Responsibilities
The City has agreed to maintain, repair and keep in good condition the Fields at the
City's sole expense, except for gopher treatments, which the City is unable to perform at
this time due to licensing requirements. Identified hazardous conditions will be remedied
following consultation and agreement between the City's and the School District's
administrators. The maintenance of the Fields will be performed in a manner so as to
cause the least disruption possible to the School District's programs. The City agrees to
consult the School District about any maintenance projects that could potentially disrupt
instruction or other School District activity.
3. City's Financial Contribution to the School District
The City agrees to pay School District ten percent (10%) of the class fees for each
participant enrolled in a City program conducted at any of the School District's facilities.
Such payment will be made in one annual payment, no later than June 1 of each year.
If the 10% additional fee negatively affects the enrollment of the programs by more than
10%, the City may discontinue charging the incremental fee following a meeting of the
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Liaison Committee to discuss other options. In addition, the City agrees to charge the
School District for water use at its Fields at the same rate that is charged to the City's
athletic fields. As of the Effective Date, the City is not charged for water used at its
athletic fields and, accordingly, is not charging the School District for water use at its
Fields.
4. City and School District Liaisons
City agrees to appoint one of its Parks and Recreation Commissioners as a liaison
to the School District (the "Commissioner"). The Commissioner shall have at least one
child enrolled in the School District or in recreation programs that use the School
District's facilities. The Commissioner, together with such other City staff as the City
shall deem appropriate, will give a report before the School Board no later than
September 301h of each year regarding the City's plans for the recreation programs held
at School District facilities, and the City's maintenance of the Fields, for the school year.
The Commissioner, together with such other City staff as the City shall deem
appropriate, will also give a report no later than June 301h of each year summarizing the
recreation programs held at the School District's facilities, and the City's maintenance of
the Fields, during the preceding school year.
The School District agrees to appoint one of its principals or administrators as a
liaison to the City. Such person, together with such other School District staff as the
School District shall deem appropriate, shall be responsible for giving a report before
the City Council no later than September 30th of each year regarding the School
District's expectations for the recreation programs held on School District facilities, and
the City's maintenance of the Fields, for the upcoming school year. Such person,
together with such other School District staff as the School District shall deem
appropriate, will also give a report no later than June 30th of each year summarizing the
School District's perspectives on the recreation programs held on School District
facilities, and the City's maintenance of the Fields, during the preceding school year.
B. Police Safety Services
The City funds school crossing guards at six locations for the safety of students and
other pedestrians crossing major intersections along highly traveled school routes. In
addition, the City's Police Department provides a school resource officer for BIS who
focuses on crime prevention programs and police incidents involving students.
C. Community Events
The School District continues to support significant community events, such as the
Holiday Tree Lighting, where the School District provides staging and other equipment
for student musical presentations for this long-standing holiday event. In addition the
School District distributes information through flyers for recreation programs and its
student newsletters for other community events, such as the shoreline and downtown
volunteer clean-up events.
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STAFF REPORT
BURLINGAME AGENDA
ITEM # 9e
MTG.
DATE 10/1/07
TO: HONORABLE MAYOR AND CITY COUNCIL SUB rTED
DATE: September 24, 2007 BY _
FROM: Parks & Recreation Director APPR DBY
SUBJECT: APPROVAL OF THE AGREEMENT TO PR E PROFESSIONAL
CONSULTING SERVICES FOR THE CITIES OF BURLINGAME,
HILLSBOROUGH, MILLBRAE AND SAN BRUNO
RECOMMENDATION: It is recommended that the City Council approve the attached
Agreement for professional consulting services for the cities of Burlingame, Hillsborough,
Millbrae and San Bruno to conduct phase one of a regionalization of fire services study.
BACKGROUND:
On September 4, 2007, the City Council authorized the use of up to $9,000 from the contingency
operating reserve to fund Phase 1 of a study to consider the feasibility of realizing significant
savings from the possibility of adding Millbrae Fire to the Central County Fire Department
partnership. Since that meeting, the San Bruno City Council has approved the participation of
San Bruno Fire in that same study. The proposal from Matrix Consulting Group allowed for the
potential of San Bruno to be included in the study and established both a three-city rate and a
four-city rate. Inclusion of San Bruno in the study will adjust the cost to the City of Burlingame
from $8,500 to $8,250; a savings of$250.
BUDGET IMPACT:
Burlingame, Hillsborough, Millbrae and San Bruno will each pay $8,250 to Matrix Consulting
Group for phase one of this study.
ATTACHMENTS:
A. Agreement with the City of Burlingame, Town of Hillsborough, City of Millbrae and
City of San Bruno for Funding of the Regionalization Study of Fire Services in Central
San Mateo County
B. Agreement to Provide Professional Consulting Services for the Cities of Burlingame,
Hillsborough, Millbrae and San Bruno
Attachment"A"
AGREEMENT WITH CITY OF BURLINGAME, TOWN OF HILLSBOROUGH,
CITY OF MILLBRAE AND CITY OF SAN BRUNO FOR FUNDING OF THE
REGIONALIZATION STUDY OF FIRE SERVICES IN CENTRAL SAN MATEO COUNTY
THIS AGREEMENT, made and entered into this day of , 2007, by and
between CITY OF BURLINGAME [hereinafter"Burlingame"]; TOWN OF HILLSBOROUGH
[hereinafter"Hillsborough"]; CITY OF MILLBRAE [hereinafter"Millbrae"] and CITY OF SAN
BRUNO,
RECITALS
WHEREAS,Burlingame,Hillsborough, Millbrae and San Bruno desire to jointly study the
regionalization of fire services between the cities of Burlingame,Hillsborough, Millbrae and San
Bruno; and
WHEREAS, Burlingame,Hillsborough, Millbrae and San Bruno have entered into an
Agreement with Matrix consulting group to perform Phase I of said study for thirty-three thousand
dollars ($33,000); and
WHEREAS, Burlingame has agreed to directly pay the invoices from Matrix Consulting
Group in a timely manner;
NOW,THEREFORE,IT IS AGREED AS FOLLOWS:
1. Upon receipt of invoices from Matrix Consulting Group, Burlingame will invoice
Hillsborough,Millbrae and San Mateo each for 1/4 of the amount due.
2. Hillsborough,Millbrae and San Mateo will pay Burlingame invoices within thirty(30)
days of receipt up to a maximum of$8,250 each.
IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year first
above written.
CITY OF BURLINGAME TOWN OF HILLSBOROUGH
By By
City Manager City Manager
CITY OF MILLBRAE CITY OF SAN BRUNO
BY By
City Manager City Manager
Attachment "B"
AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING
SERVICES
CITY OF BURLINGAME, CALIFORNIA
FOR THE CITIES OF BURLINGAME, HILLSBOROUGH,
MILLBRAE AND SAN BRUNO
THIS AGREEMENT, entered into this_Day of , 2007 and effective
immediately by and between Matrix Consulting Group (hereinafter called the
"CONSULTANT"and THE CITY OF BURLINGAME,THE TOWN OF HILLSBOROUGH,
THE CITY OF MILLBRAE AND THE CITY OF SAN BRUNO (hereinafter called "the
CITIES"),WITNESSETH THAT,
WHEREAS, the CITIES desire to engage the CONSULTANT to Conduct a
Regionalization of Fire Services Study,
NOW,THEREFORE,the parties hereto mutually agree as follows:
(1) Employment of Consultant. The CITIES agree to engage the CONSULTANT
and the CONSULTANT hereby agrees to perform the services described in the
CONSULTANT'S proposal dated July 31st, 2007 and incorporated into this
Agreement as PHASE I of the 4 CITIES PROJECT in Attachment A.
(2) Time of Performance. The services to be performed hereunder by the
CONSULTANT shall be undertaken and completed in such sequence as to
assure their expeditious completion and best carry out the purposes of the
Agreement.
(3) Compensation. The CITIES agrees to pay the CONSULTANT a sum not to
exceed Thirty-three thousand dollars ($33,000)as described in PHASE I of the 4
CITIES PROJECT in CONSULTANT'S Proposal. CONSULTANT agrees to
complete the CITIES' scope of services and all services provided herein for said
sum.
(4) Method of Payment. The CONSULTANT shall bill the City of Burlingame
monthly for hours completed to date as described in CONSULTANT'S Cost
Proposal. Total payments shall not exceed the amount shown in (3), above. The
City of Burlingame shall pay invoices within thirty (30) days of receipt and will
invoice the Town of Hillsborough, City of Millbrae and City of San Bruno for their
portions.
(5) Changes.
(a) The CITIES may require changes in the scope of services of the
CONSULTANT to be performed hereunder. Such changes, which are mutually
1
agreed upon by and between the CITIES and the CONSULTANT, shall be
incorporated in written amendment to this Agreement.
(b) Extension of Agreement. The CITIES may direct CONSULTANT to extend
this Agreement to include PHASE II of the 4 CITIES PROJECT as described in
Attachment A. If the CITIES decide to extend the Agreement to include PHASE
II, the extension shall be made by a written amendment to this Agreement signed
by all the parties to this Agreement. The compensation due to the
CONSULTANT for this extension shall be the Twenty-two thousand dollars
($22,000) as described for PHASE II of the 4 CITIES PROJECT contained in
Exhibit A hereto. A decision to extend the Agreement under this subparagraph
must be made by the CITIES no later than June 1, 2008 to be effective under this
Agreement.
(6) Services and Materials to be Furnished by the CITIES. The CITIES shall
furnish the CONSULTANT with all available necessary information, data, and
material pertinent to the execution of this Agreement. The CITIES shall
cooperate with the CONSULTANT in carrying out the work herein and shall
provide adequate staff for liaison with the CONSULTANT.
(7) Termination of Agreement. If, for any cause, the CONSULTANT shall fail to
fulfill in timely and proper manner his obligation under this agreement, the CITIES
shall thereupon have the right to terminate this Agreement by giving written notice
to the CONSULTANT of such termination and specifying the effective date
thereof, at least five (5) days before the effective date of such termination.
(8) Information of Reports. The CONSULTANT shall, at such time and in form as
the CITIES may require, furnish such periodic reports concerning the status of the
CITIES, such statements, and copies of proposed and executed plans and other
information relative to the CITIES as may be requested by the CITIES. The
CONSULTANT shall furnish the CITIES, upon request, with copies of all
documents and other material prepared or developed in relation with or as part of
the CITIES.
(9) Records and Inspections. CONSULTANT shall maintain full and accurate
records with respect to all matters covered under this Agreement for a period of
three (3) years after the completion of the Agreement. The CITIES shall have
free access at all proper times to such records, and the right to examine and audit
the same and to make transcripts there from, and to inspect all program data,
documents, proceedings, and activities.
(10) Completeness of Contract. This contract and any additional or supplementary
document or documents incorporated herein by specific reference contain all the
terms and conditions agreed upon by the parties hereto, and no other
agreements, oral or otherwise, regarding the subject matter of this contract or any
part thereof shall have any validity or bind any of the parties hereto.
(11) The CITIES Not Obligated to Third Parties. The CITIES shall not be obligated
or liable hereunder to any party other than the CONSULTANT.
2
(12) When Rights and Remedies Not Waived. In no event shall the making by the
CITIES of any payment to the CONSULTANT constitute or be construed as a
waiver by the CITIES of any breach of covenant, or any default which may exist
on the part of the CONSULTANT and the making of any such payment by the
CITIES while any such breach or default shall exist in no way impairs or
prejudices any right or remedy available to the CITIES in respect to such breach
or default.
(13) Hold Harmless. Each party shall be responsible for its own acts and will be
responsible for all damages, costs, fees and expenses which arise out of the
performance of this Agreement and which are due to that party's own negligence,
tortious acts and other unlawful conduct and the negligence, tortious action and
other unlawful conduct of its respective agents, officers and employees.
(14) Insurance. Consultant agrees to maintain insurance during the term of this
Agreement: for comprehensive general liability in the amount of $2,000,000 per
occurrence and $4,000,000 in aggregate; automobile liability insurance in the
amount of $1,000,000; workers' compensation insurance in the amount of
$1,000,000 and professional liability in the amount of $1,000,000.
CONSULTANT shall provide the CITIES with an insurance certificate.
(15) Personnel. The CONSULTANT has all personnel required in performing the
services under this Agreement. All of the services required hereunder will be
performed by the CONSULTANT or under CONSULTANT'S supervision, and all
personnel engaged in the work shall be qualified to perform such services.
(16) Assignability. The parties hereby agree that Consultant may not assign, convey
or transfer its interest, rights and duties in this Agreement without the prior written
consent of the CITIES.
(17) Notices. Any notices, bills, invoices, or reports required by this Agreement shall
be sufficient if sent by the parties in the United States mail, postage paid, to the
addresses noted below:
Jim Nantell Richard P. Brady, President
City Manager Matrix Consulting Group
City of Burlingame 721 Colorado Avenue, Suite 101
501 Primrose Road Palo Alto, CA 94303
Burlingame, CA 94010
(18) 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.
3
(19) Entire Agreement. This Agreement constitutes the entire agreement between
the parties. 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 any of the parties.
IN WITNESS WHEREOF, the CITIES and the CONSULTANT have executed this
agreement as of the date first written above.
CITY OF BURLINGAME, CALIFORNIA MATRIX CONSULTING GROUP
By: By:
Jim Nantell, City Manager Richard P. Brady, President
Date: Date:
CITY OF HILLSBOROUGH, CALIFORNIA CITY OF MILLBRAE, CALIFORNIA
By: By:
Anthony Constantouros, City Manager Ralph Jaeck, City Manager
Date: Date:
CITY OF SAN BRUNO, CALIFORNIA
By:
Connie Jackson, City Manager
Date:
4
BUffLiNOAME
City. Librarian's Report
Septenber 11, 2007
t
Main Library Reorganization
Following years of planning, including a re-writing of our collection
development policy two years ago, we have reorganized the main
library. Some, of the highlights are:
a.. All non-fiction, including biography on the Lower Level
b. More space for mysteries on the Upper Level
c. More space for fiction and seating, as well as marketing
gondolas on the Upper Level
d. Move of the adult foreign language materials to the Upper Level
New signage and "you are here" directories will be installed in the
coming weeks.
BronzeLions Ordered
The Trustees Centennial gift to,the community, a pair of bronze lions
for the pedestals on the front porch, has been ordered. We expect
them to arrive in the coming weeks. Following installation, the Board
may wish to have an officialpresentation to the City Council and the
citizens.
Pilot "WorldCat" Project for Online Catalog in Process
We have implemented the beta test of the OCLC WorldCat product in
our PLS libraries. This test will be for a period of 60 days. There will
then be extensive evaluation of the test. This software fits somewhat
like a template over our existing online library catalog and allows it to
function more like search engines such as Google.coma It should take
you directly to the title you are searching for, with the library in which
you are searching being listed first.
Y If this template type of solution doesn't-assist us sufficiently, we are r
simultaneously exploring "open source" software which allows for
more customization. .This is'being very successfully used in Ann
Arbor, Michigan; Kings County; Washington; and much of the state of
Georgia, called "Georgia Pines." These national projects may show
greater promise for -RLS.
480 Primrose Road• Burlingame• California 94010-4083 1
Phone (650) 55'8-7474 ' Fax (650)•342-6295 • www.burlingame.org/library
r
Hillsborough Contract Discussion
The Hillsborough Library Service.contract has been updated for fiscal
2006=2007. The current contract has been in force since 2003;
however we have had some sort of contract for library service with
Hillsboro_ugh since 1976. The per capita average for PLS libraries is:
$ 64.56. This is an 11% increase over last year.
The Board expressed some concerns about increasing-the cost to
Hillsborough.users to be more in keeping with the level of service
provided by San Mateo and Burlingame. The City Manager suggested
this be a discussion item on the Joint City Council/Library Board .
meeting on October 1St.
Upcoming Events:
• 20 September, Foundation Board Meeting, 5:30 PM
• 1 October, Joint Council/Library Board Meeting, 6 PM
• 4, 5, 6,7 October, Foundation Book Sale
• 6 October, Centennial Event: Bridge of Friendship Community_Picnic,
Washington Park
• 7 October, Centennial Scavenger Hunt
• 8 October, Columbus Day Closure
• 11 October, Isabel Allende in Conversation with Michael Krasny, San
Mateo-Performing Arts Center,-7:30 PM
• 16 October, Library Board Meeting, 5:30 PM
26-29 October, California Library-Association Conference, - -Sacramento-
Alfred
acramentoAlfred H. Escoffier
City Librarian
August 27, 2007
2
BURL i NOAME
Board of Trustees Minutes
August 21, 2007
I. Call to Order
Secretary Carlton called the meeting to order at 5:30pm.
II. Roll Call
Trustees Present: Nancy Brock,Bruce Carlton,Deborah
Griffith(by phone),Katie McCormack,
Pat Toft
Staff Present: Al Escoffier,City Librarian
Sidney Poland,Recorder
III. Warrants and Special Funds
The Trustees unanimously approved the Warrants. M/S/C
(McCormack/Brock)Trustee McCormack inquired about the
payment of$100,000 listed on page 2 of the warrants. The City
Librarian advised the Trustees that this fee is the Burlingame
Library's annual computer and membership fees to the Peninsula
Library System.
IV. Minutes
The Trustees unanimously approved the minutes for the July 17,
2007 meeting. M/S/C (McCormack/Brock)
V. Correspondence and Attachments
Correspondence was reviewed.
VI. From the Floor-No one from the public attended.
VII. Reports
A. City Librarian's Report-Highlight of Report
1 "Harry Potter"Pre-Release Party-Wizards, sorcerers
and Harry Potter characters welcomed almost 300 children
and parents to the library's Harry Potter pre-release event.
Children and their parents participated in bingo,Harry Potter
trivia,crafts, tarot card reading,fortune telling,and star
gazing. Magic Dan closed the evening with a special Harry
Potter magic show. Children and their parents followed Magic
Dan and Police Chief Van Etten over to Books,Inc. to pick up
their copies of the last book in the Harry Potter series.
48o Primrose Road•Burlingame•California 94010-4083
Phone(65o)558-7474'Fax(650)342-6295•www.bugingame.org11ibrary
r
2. One Book One Community'- Seventy-five programs are
planned by the Peninsula Library System for the One Book
One Community event featuring Isabel Allende. The Silicon
Valley Community Foundation has advised the City Librarian
that it would not provide funding for this event. The PLS "One
Book" committee will ask libraries and corporations to assist
with funding.
Trustee Griffith suggested promoting this event on the public
TV station. Other promotional ideas were to submit an article
for the local daily newspapers and/or run an ad, find out if
Books Inc. would include the program in their monthly
publication of coming author events and notify high schools of
the October 11th program featuring Isabel Allende.
3. Pilot "WorldCat" Project
The "WorldCat" pilot project is ready for its six week trial.
After this time, library staff will evaluate its effectiveness.
Another option being explored is "open source" software.
VIII. Unfinished Business
A. Bronze Lions Public Art
The Trustees unanimously supported the motion of Trustee Griffith
to reaffirm their decision to move forward with the purchase of the
two bronze lion sculptures in recognition of the Library's 100 years
in 2009 and the City's Centennial celebrations in 2007-2008.
M/S/C (Griffith/Carlton)
B. Employee Achievement Award
Trustee Carlton and Trustee Toft will serve on the Employee
Achievement Award committee. Nominations for the employee
award will be given to staff the week of October 1st with a return
request date of November 1 st. .The award dinner will be held
December 2nd at the Doubletree Hotel
IX. New Business
A. Library Board Schedule Dates
The Trustees unanimously approved the following meeting
schedule recommended by the City Librarian for the remainder of
the year 2007. M/S/C (McCormack/Toft)
• October 1st - Joint Meeting with City Council 6-7pm
• October 16th - Trustee Meeting 5:30pm
• November 13th - Trustee Meeting 5:30pm
• December 2nd - Staff Recognition Dinner 6pm
• December Trustee Meeting cancelled '
Library Board of Trustee Minutes - 2
August 21,2007
B. Hillsborough Contract
The City Librarian noted that the per capita increase in the
current Hillsborough Contract for the year 2007-2008 is based
on the per capita average for all libraries. This year the
average per capita rate is $64.56 which is an 11% increase
over last year's per capita rate of$56.97. According to the
terms of the contract, Burlingame serves 2/3 of Hillsborough
and San Mateo serves 1/3.
The Trustees voiced a concern that the per capita rate for
Hillsborough residents does not reflect the total level of
service benefits provided by Burlingame and Hillsborough.
Trustee McCormack requested that the Hillsborough Contract
be placed on the agenda for the meeting with the City Council
on October 1st.
C. Joint Meeting with Council
The City Librarian prepared a list of issues that the Trustees
had either discussed or acted upon during the past year to be
used as a guide to select topics for the joint meeting agenda.
Trustee McCormack felt that a Foundation member should be
present to discuss future fund raising events and/or projects.
The City Librarian was requested to ask the council members
if they had issues the Trustees should be prepared to discuss.
D. Library Reorganization - Duncan 'frust Request
The Trustees unanimously approved the motion of Trustee
Toft to authorize the City Librarian to request $35,000 from
the Duncan Trust to hire Norcal'to move the biography, fiction
and mystery collections to a different location and provide
additional children's seating and updated signage.
M/S/C (Toft/McCormack)
X. Adiournment
The meeting was adjourned at 6:40pni. M/S/C (Carlton/Griffith)
The next meeting of the Library Trustees will be held
September 11, 2007at 5:30pm in the Library Conference
Room.
Respectfully
rct�� Submitted,
Ilfr d H. Esco
fier
City Librarian
Library Board of Trustee Minutes 3
August 21,2007
POLICE DEPARTMENT
BURLINGAME City of Burlingame Jack L. Van Etten
Chief of Police
August, 2007
Honorable Mayor and Members of the City Council:
Enclosed you will find statistical documents from the month of August, 2007. As always, please note
that the information contained in this police department report is displayed in both numbers and
percentages. Remember that the percentages of certain crimes might've dramatically increased or
decreased in percentage (compared to the previous month or year). When reviewing the police
department report also consider the actual numbers of various crime categories in conjunction with
the percentages. Even though the percentages may have increased or decreased, the actual number
change may be slight or negligible. Feel free to contact me at anytime if you have any questions or
concerns about the numbers or percentages.
As I've mentioned, the police department routinely and continuously receives information from the
public regarding a number of criminal, traffic and parking related matters. All of these matters are
immediately addressed, prioritized (based on the safety of the community), and depending on
staffing levels, handled in the most effective manner possible. When necessary, overtime is used and
(or) additional outside resources are also brought in to assist current staff with specific problems or
unusual criminal activities. Due to continuing shortages of police personnel (mainly due to long term
injuries) and temporarily by retirements, new hires, persons in training, etc., the police department
remains unable to appoint solo motorcycle officers to traffic enforcement until later in the year (at the
earliest). Additionally, our School Resource Officer has been temporarily moved back to patrol, but
will continue to work P/T at BHS/BIS until later in the year when our 3 officers complete their field
training and are assigned to solo shift duties.
The police department has been continually working to hire new officers to fill current and future
anticipated vacant positions, so we can once again fully staff our patrol and traffic positions. During
the past 9 months, the police department has hired 9 officers. Three officers have graduated from the
police academy and just began our 14 week Field Training Program. One officer is currently being
hired and will begin in the FTO program in October. Lastly, two officer trainees began the 6 month
police academy earlier this month. This will bring us to our authorized strength of 42 sworn. Our #1
priority for the police department is to become fully staffed and fill our constant vacancies, as well as
return 5 sworn employees and 1 non sworn employee back from long term disability. Once staffing is
near completion, our #2 priority is to focus on extensive training throughout the department,
something we have begun months ago and will complete by December, 2007.
Moving citations continue to be down from last year, but parking citation totals continue to show
increases over last year. I've included the most recent selective traffic enforcement areas
1111 Trousdale Drive- Post Office Box 551 - Burlingame, California 94011-0551 - (650) 777-4100 - Fax (650) 697-8130
�5
(related to addressing traffic related complaints in our community) that are routinely being monitored
by our patrol officers. This information includes the types of violations that are being monitored. The
police department is constantly monitoring the statistical information at all selective enforcement sites
for future enforcement and reference.
The police department continues to reach out and ask the public to help fund the purchase of
additional police K-9's. The Burlingame community has contributed greatly and we hope to reach (or
exceed) our goal to add K-9's back into the police department. The K-9's will help protect our
community and our dedicated police officers, as well as provide tracking and drug detection.
One of the current projects the police department is working on bringing GPS to our marked police
cars in patrol. In the event of an emergency, tactical situation, formation of a containment perimeter
or a vehicle accident, this information will aid our personnel in knowing the exact whereabouts of our
officers. Our focus for this project is to increase the safety of our citizens and our officers. This
project will also provide better tracking of our response times. The police department is in the final
stages of beginning a citizen's radar monitoring program in our community. The red light camera
enforcement project has been slightly delayed by Cal Trans. Other police agencies are also
experiencing delays from Cal Trans, as well.
As always, I continue to be so proud of the dedication and sacrifices made by all of the employees of
the police department. They work tirelessly day and night (and place themselves in harm's way) to
protect and serve the citizens in our great community.
Please feel free to contact me if you have any questions.
Respectful)
riY'rl
Jack Van Etten
Burlingame Police Department
AIEAIORA.',-\rDU.-,NI
To: All Patrol Personnel
From: Sgt. Williams
Date: 09/07/2007
Subject: Selective Enforcement
As time permits, please advise your teams to attempt selective enforcement in the listed
areas:
Location Violation Description Time of offense Date Reported
Tovon&Morre1122350 VC Speeding Morning 91/4/07
1400 Bellevue 22350 VC Speeding All hours 8/22/07
Hillside Dr. 22350 VC Speeding All hours 8/25/07
Howard/ECR 21950 VC yield to ped All hours 8/01/07
Blum Ave. 21200 VC Bicvcle viol. All hours 7/26/07
13.52.100 CO (riding on sidewalk)
Rollins Rd. 22350 VC Speeding morning 7/12/07
1200-1800 blk
NVinchester Dr 22350 VC Speeding commute 7/01/07
Barriolhett 22350 VC Speeding commute 6/25/07
Trousdale Dr. 22350 VC Speeding 0830-0900 6/25/07
Broadway Av 21950 VC yield to ped All hours Continuous
Oak Grove Av 22350 VC Speeding After school 5/21/07
Mills Ave. 22350 VC Speeding commute 5/10/07
Grove Ave. 22350 VC Speeding All hours 5/09/07
Cy ress Ave. 22350 VC Speeding All hours 4/12/07
Calif Drive 22350 VC Speeding All hours 3/21/07
(Oak grove to Carmelita)
Bernal Ave. 22350 VC Speeding Morning 3/23/07
09-18-07 SUMMARY OF PART ONE OFFENSES PAGE:� 1
FOR: AUGUST, 2007
Prev
Last Act Act YTD YTD
Crime Classification.................... Current Year.. YTD... YTD... Change Change
Murder and Nonnegligent Manslaughter 0 0 0 0 0
Manslaughter by Negligence 0 0 0 0 0
Rape By Force 1 2 4 6 -2 -33.33
Attempt to Commit Forcible Rape 0 0 0 0 0
Robbery Firearm 1 0 8 4 4 100.00
Robbery Knife 1 0 3 2 1 50.00
Robbery Other Dangerous Weapon 0 1 2 2 0 0.00
Robbery Strong-Arm 0 2 4 14 -10 -71.43
Assault - Firearm 0 0 0 0 0
Assault - Knife 0 0 0 1 -1 -100.00
Assault - Other Dangerous Weapon 1 2 11 22 -11 -50.00
Assault - Hands,Fists,Feet 0 1 5 6 -1 -16.67
Assault - Other (Simple) 18 16 120 115 5 4.35
Burglary - Forcible Entry 9 4 28 42 -14 -33.33
Burglary - Unlawful Entry 1 9 48 62 -14 -22.58
Burglary - Attempted Forcible Entry 0 0 0 3 -3 -100.00
Larceny Pocket-Picking 0 0 0 0 0
Larceny Purse-Snatching 0 0 0 2 -2 -100.00
Larceny Shoplifting 5 1 26 32 -6 -18.75
Larceny From Motor Vehicle 20 17 145 184 -39 -21.20
Larceny Motor Veh Parts Accessories 12 8 97 86 11 12.79
Larceny Bicycles 2 4 13 11 2 18.18
Larceny From Building 5 9 54 82 -28 -34.15
Larceny From Any Coin-Op Machine 1 0 11 9 2 22.22
Larceny All Other 5 7 60 50 10 20.00
Motor Vehicle Theft Auto 11 10 56 55 1 1.82
Motor Vehicle Theft Bus 0 0 2 10 -8 -80.00
Motor Vehicle Theft Other 0 0 1 6 -5 -83.33
------- ------ ------ ------
93 93 698 806
------- ------ ------ ------
------- ------ ------ ------
93 93 698 806
09-18-07 MONTHLY SUMMARY OF PART TWO OFFENSES PAGE: 1
CITY REPORT FOR: AUGUST, 2007
Prev
Last Act Act YTD YTD
Crime Classification.................... Current Year.. YTD... YTD... Change % Change
All Other Offenses 33 42 244 287 -43 -14.98
Animal Abuse 0 0 1 0 1
Animal Nuisance 0 1 0 2 -2 -100.00
Arson 0 4 6 26 -20 -76.92
Assists to Outside Agencies 0 0 0 0 0
Bicycle Violations 0 0 0 0 0
Bigamy 0 0 0 0 0
Bomb Offense 0 0 0 0 0
Bomb Threat 1 0 1 0 1
Bribery 0 0 0 0 0
Check Offenses 0 0 4 12 -8 -66.67
Child Neglect/prot custody 3 4 52 40 12 30.00
Computer Crime 0 0 0 0 0
Conspiracy 0 0 0 0 0
Credit Card Offenses 2 0 5 2 3 150.00
Cruelty to Dependent Adult 0 0 0 2 -2 -100.00
Curfew and Loitering Laws 0 0 2 0 2
Death Investigation 3 6 19 27 -8 -29.63
Disorderly Conduct 1 1 2 11 -9 -81.82
Driver's License Violations 1 0 2 3 -1 -33.33
Driving Under the Influence 6 4 54 47 7 14.89
Drug Abuse Violations 10 3 43 22 21 95.45
Drug/Sex Registrants/Violations 0 0 0 3 -3 -100.00
Drunkeness 5 8 48 49 -1 -2.04
Embezzlement 0 2 2 4 -2 -50.00
Escape 0 0 0 0 0
Extortion 0 0 1 0 1
False Police Reports 0 1 1 2 -1 -50.00
False Reports of Emergency 0 0 0 4 -4 -100.00
Fish and Game Violations 0 0 1 0 1
Forgery and Counterfeiting 2 6 19 28 -9 -32.14
Found Property 3 2 44 43 1 2.33
Fraud 1 3 20 19 1 5.26
Gambling 0 0 0 0 0
Harrassing Phone Calls 1 8 41 32 9 28.13
09-18-07 MONTHLY SUMMARY OF PART TWO OFFENSES PAGE: 2
CITY REPORT FOR: AUGUST, 2007
Prev
Last Act Act YTD YTD
Crime Classification.................... Current Year.. YTD... YTD... Change $ Change
Hit and Run Accidents 5 4 33 33 0 0.00
Impersonation 0 1 7 2 5 250.00
Incest 0 0 0 0 0
Indecent Exposure 0 3 7 9 -2 -22.22
Intimidating a Witness 0 0 0 0 0
Kidnapping 0 0 0 0 0
Lewd Conduct 0 0 1 1 0 0.00
Liquor Laws 0 0 1 2 -1 -50.00
Littering/Dumping 0 0 0 0 0
Marijuana Violations 3 2 22 13 9 69.23
Mental Health Cases 8 8 61 68 -7 -10.29
Missing Person 4 2 44 36 8 22.22
Missing Property 10 8 60 66 -6 -9.09
Municipal Code Violations 6 1 57 49 8 16.33
Narcotics Sales/Manufacture 0 0 1 2 -1 -50.00
Offenses Against Children 0 1 8 4 4 100.00
Other Assaults 18 16 120 115 5 4.35
Other Juvenile Offenses 1 0 7 1 6 600.00
Other Police Service 2 3 25 39 -14 -35.90
Pandering for immoral purposes 0 0 0 0 0
Parole Violations 1 2 3 4 -1 -25.00
Perjury 0 0 0 0 0
Possession of Burglary Tools 0 0 0 0 0
Possession of drug paraphernalia 0 0 0 0 0
Possession of obscene literature;picture 0 0 0 0 0
Probation Violations 1 2 4 7 -3 -42.86
Prostitution and Commercial Vice 0 0 2 5 -3 -60.00
Prowling 1 0 3 4 -1 -25.00
Resisting Arrest 2 0 4 3 1 33.33
Restraining Orders 0 0 1 1 0 0.00
Runaways (Under 18) 0 0 2 0 2
Sex Offenses 0 0 1 2 -1 -50.00
Sex Offenses against Children 0 0 1 1 0 0.00
Sodomy 0 0 0 0 0
Stalking 0 0 0 0 0
09-1B-07 MONTHLY SUMMARY OF PART TWO OFFENSES PAGE: 3
CITY REPORT FOR: AUGUST, 2007
Prev
Last Act Act YTD YTD
Crime Classification.................... Current Year.. YTD... YTD... Change $ Change
Statutory Rape 0 0 0 0 0
Stolen Property;Buying;Receiving;Possess 1 1 8 8 0 0.00
Suspended License 0 0 18 22 -4 -18.18
Tax Evasion 0 0 0 0 0
Terrorist Threats 2 1 4 5 -1 -20.00
Towed Vehicle 42 39 281 245 36 14.69
Trespassing 2 0 6 9 -3 -33.33
Truants/Incorrigible Juvs 0 0 1 0 1
US Mail Crimes 0 0 0 0 0
Vagrancy 0 0 0 0 0
Vandalism 12 35 142 189 -47 -24.87
Vehicle Code Violations 0 1 12 10 2 20.00
Violation of Court Order 0 3 6 10 -4 -40.00
Warrants - Felony 6 2 15 9 6 66.67
Warrants - Misd 8 6 37 43 -6 -13.95
Weapons;Carrying,Possessing 1 0 8 B 0 0.00
Welfare Fraud 0 0 0 0 0
------- ------ ------ ------
208 236 1,625 1,690
208 236 1,625 1,690
09-'18-0'7 MONTHLY SUMMARY OF CITATIONS PAGE : 1
CITY REPORT
FOR: AUGUST, 2007
Prev
Last Act Act
Crime Classification. . . . . . . . . . . . . . . . . . . . Current Year. . YTD. . . YTD. . .
Parking Citations 4219 3 , 585 31, 715 24, 060
Moving Citations ----145 ---212 -1, 305 -1, 680
4364 3 , 797 33 , 020 25, 740
4364 3 , 797 33 , 020 25, 740
Officer Productivity. . . . generated on 09/18/2007 at 01 : 37 : 02 VIA
Repoirted On: All Officers Report Range : 08/01/2007 to 08/31/2007
Data Type Reported on: PARKING
Valid % All Voids All
Officer: ID: cnt Valid Cnt Voids Valid
--------------------------------------------------------------------------------------------
ALVISO 355 781 18.90 8 17.78 98.99
DOTSON 509 1089 26.36 9 20.00 99.18
FEITELBERG 508 1108 26.82 13 26.89 98.84
GARRETT 501 327 7.91 7 15.56 97.90
SMITH 654 827 20.01 8 17.78 99.04
xxaxaasaxxxassxxxxoo===e=====----===--xxxaxxxaxxaaaasassaasxaaxxxxxaxxxve=-===___=====exxnxxxaaaaaxxxaaxxxxv=====_______
Total 4132 45
Page 1 of 1
Chair
Niall McCarthy
Cotcbett,Pitre&McCarhy
Vice Chau
Barry ParkerCOMMUNITY
Carr,McClellan,Ingersoll, GATE PATH®
Tbompson&Horn
^7 OF NORTHERN CALIFORNIA
Treasurer
August 30, 2007 "Turning Disabilities Into Possibilities"
Joe Gal igan
Galligan,Tbompson
&Flocas,LLP
Mayor Terry Nagel SEP 2
secretary
her City of Burlingame ZQ�7
Double Forte 501 Primrose Road
Burlingame, CA 94010
Dear Mayor Nagel,
Board of Directors You have created a smile,lifted a spirit, and encouraged hope. On behalf of the
Elaine Breeze staff,Board of Directors, and participants at Community Gatepath, thank you
Sunrmer1fill Homes for taking the time to think of us. Your generous grant for Learning Links
Sonm•Da Marto Preschool is deeply appreciated and recognized by all of us with the utmost
Burlingame School Distrid gratitude.
,Jeff Fallic•k
Fallick Lnsurtrnre Services You are helping us continue to provide life-changing services for children with
.Joel Friedman special needs by supporting Learning Links. The inclusive preschool model
Accenture(Retired' benefits both children with special needs and typically developing children. When
Marc Gamberdella children with special needs are educated in inclusive classrooms, they
Snlitb Barney demonstrate higher levels of social play and become more accustomed to
Caroline Gimbel initiating interaction with their peers. Both children with and without special
Hillsbore,ugb Auxiliary needs benefit greatly from the peer-to-peer learning that is offered in this
Liaison
inclusive setting.
Man lanney
Sterling Court(Rc•tireal)
Your donation is enriching the lives of children with and without special needs
Larry Leisure by helping make this program possible. Again, on behalf of the entire
7eleTecb
Community Gatepath family, thank you for your commitment to `Turning
11.G.('Toby'Mumford.lr. Disabilities into Possibilities!"
Franklin Templetun Resources
Bn•an Heider Sincerely, -
Elec'tronic.4r`s 1 T
Reddie Nichols �<
WH.vborr,ugb.4 uxil ian
President
Sheryl Young
Greg SL Genn
The AfeNta Group Chief Executive fficer
Steven Williams
Cotcbett•Pitre&A9cCartby
Sheryl't'oung
CbiefL•xecutire Officer
875 Stanton Road
Burlingame,CA 94010
Tel:650-259-8500
Fax:650-697-5010
www.gatepath.coni
CITY OF BURLINGAME
SURLINGAMF
Community Development Department
ON 20ft
MEMORANDUM
DATE: September 25, 2007
TO: Mayor Nagel and Members of the City Council
FROM: William Meeker, Community Development Direct*,-
SUBJECT: ON-SITE NOTICING FOR RESIDENTIAL DESIGN REVIEW PROJECTS
Policy Adopted by the Planning Commission on September 24, 2007
In Spring 2007, the Neighborhood Consistency Subcommittee of the Planning Commission
directed staff to investigate a means of improving public notice regarding design review projects
by requiring on-site posting of notice of pending applications. The Planning Commission
considered a draft policy prepared by staff at its regular meetings of August 13 and 27, 2007. A
copy of the original staff report that summarizes the policy is attached to this memorandum for
your reference.
On August 27th, the Commission adopted the policy at it relates to commercial design review
projects by a vote of 6-0-1 (Commissioner Terrones was absent); withholding action regarding
the policy's applicability to residential design review projects until the full membership of the
Commission was present.
At its meeting of September 24th, the Commission revisited the proposed policy related to
residential design review projects. By a vote of 4-3 (Commissioners Deal, Osterling and Auran
dissenting), the Commission adopted the policy for residential design review projects involving
new construction. As was the case with adoption of the policy for commercial projects, the
policy is to be implemented for a one-year trial period.
Following the Commission's action on the 24th, staff informed the Commission that the Council
would be informed of its decision, and would be afforded the opportunity to provide feedback, if
desired, before the policy becomes effective.
CITY OF BURLINGAME
Community Development Department '
WRLINGAME �
Neighborhood Consistency Subcommittee
V
ReportK �Q� ,�«.
DATE: August 1, 2007 Commissioner's Report
TO: Planning Commission Meeting date: August 13, 2007
FROM: Bill Meeker, Community Development Director
Margaret Monroe, City Planner
SUBJECT: On-site Noticing for Residential and Commercial Design Review.
Proposal:
Institute an administrative procedure which would require all design review projects,
residential and commercial, to post a notice on their property which indicates in picture
(front elevation) and words the scope of the proposed project, contact information for
the applicant and location in City Hall where the plans can be reviewed. The sign should
also provide a space to post copies of the public hearing notices (blue cards).
On-site notice boards would be posted at the time an application is made to the
Community Development Department and would remain on site until the end of the
appeal period for the project. If the sign blows down, is defaced or stolen it will not
invalidate the review of the project.
If an on-site notice procedure were initiated it would be administrative and incorporated
into the application process. The City would provide the signs and applicants would
install them on their sites. There would be a small increase in the noticing fee for design
review projects. After a year the program would be evaluated, and the Planning
Commission would determine if it was effective and should continue.
Subcommittee recommendation:
In the Spring the Neighborhood Consistency Committee asked staff to look into how the
city might go about posting a sign on residential properties to indicate that they are
initiating and going through the design review process. The motivation for the
Subcommittee's interest in on-site signage was that there is a growing problem of
neighbors not feeling that they know what is happening in their neighborhoods, that
mailed notice may not give sufficient time for them to find out, and that ignorance has
resulted in embarrassing testimony or unnecessary trips to the Planning Department.
Staff did some research on the subject and discussed the matter with the current
Neighborhood Consistency Subcommittee members: Cers. Auran, Cauchi, and Deal.
Although all the subcommittee members did not support the idea of posting such signs,
they did agree that the Commission should discuss, and agree as a group, whether the
posting of such signs would be beneficial to the design review process.
Neighborhood Consistency Subcommittee Memo:
On-site Noticing for Residential and Commercial Design Review. August 13,2007
Page 2
Background:
In researching this topic staff has discovered that many jurisdictions require sites to be
posted at the time application is made to the Planning Department for remodel or
reconstruction. The information most generally required on the sign by the five
communities surveyed was:
• Space for the public hearing notice
• A written description of the project
■ City contact including web site,project planner and phone number
■ Address where the plans can be reviewed
■ Site address/location
• Contact information for applicant,including phone number
In all the cities reviewed the posting of the sign on site was required by ordinance.
However,the installation can be an administrative policy as well,since it is not intended
to replace the required public notice for the project. As an administrative action,the
installation of the sign can be included in the application submittal requirements,but
does not become punitive to the applicant if someone steals it or vandalizes the sign
during the review process.
In most cases these on-site signs were required to be built and installed by the
applicant/developer. However,in Palo Alto the City adds specific information to a pre-
prepared sign and gives it to the applicant to install. A variety of verifications of
installation were required ranging from affidavits to submitting a photograph of the site
with the sign installed as a part of the planning submittal for the project,e.g.without a
picture of the installed sign the application submittal is incomplete. None of the
jurisdictions reviewed had a penalty for failure to maintain the sign on site. While signs
were required to be installed at a variety of times,all were required to be retained on the
site until the City's final action on the project.
In discussing signs with staff members in a couple of Cities that have on-site notice
programs,they noted several problems they had experienced: signs built by applicants
vary greatly but most are not very sturdy with poor anchoring to the ground,they
frequently blow over; the sign falls apart,literally,before a long planning process is
completed;plastic coverings leak and sign becomes unreadable;staff only knows if the
sign is gone if a neighbor complains;and applicants can rarely be relied on to return
signs or sign supports after the appeal period is over.
In all cases,the on-site signage was used to supplement the mailed notice.Staff
members who we spoke to generally supported the idea of the on-site noticing,although
all were concerned about the maintenance of signs designed and built by applicants.
Burlingame Proposal:
In their discussion the Subcommittee made some observations about the sign and its
posting:
Neighborhood Consistency Subcommittee Memo:
On-site Noticing for Residential and Commercial Design Review. August 13, 2007
Page 3
■ the sign should be required only for residential and commercial design review;
■ The sign should be simple, give basic information;
■ The sign should not replace mailed notice, nor should the removal of the sign
affect the continued processing of a project;
■ The basic sign should be provided by the city and the cost (about $25) added to
the design review noticing fee;
■ The sign should be placed on a site so that people do not have to enter the site
to read it; the sign could be attached to the construction fence;
■ The sign should be installed at the time of application for the project and should
be removed at the end of the appeal period;
■ If an elevation is posted on the sign, the elevation on the sign should be updated
as the plan is revised during processing;
■ The effectiveness of the on-site signage program should be evaluated a year
after its commencement and a decision made about whether to continue the
program; and
■ City Council should be notified if the Commission endorses the administrative
procedure of posting notices on the sites of design review projects.
Based on this input, if the Commission wishes to proceed, staff would suggest the
following administrative program for on-site noticing of single family residential projects
subject to design review:
■ The requirement for on-site noticing shall be included in the permit submittal
requirements.
■ The Sign shall be installed at the time an application is made to the Community
Development Department, with a picture of the sign installed on the site included
with the application materials.
■ The Community Development Department shall provide the materials for the sign
and the price shall be included in the noticing fee (about $25.00 for the sign and
ground support). The sign shall be the following dimensions and construction:
o Strato-Core Board, about 24" x 18" with one plastic pocket and silk
screened city logo and information, attached to the ground with a metal
"h" frame;
0
■ The sign shall contain:
o An 8.5" x 14" front elevation of the proposed project glued to the sign face.
o A 9" x 12" plastic pocket with contact information for the applicant
including name, address, and phone number (pre-attached to the sign
face by the sign company). The insert for this pocket should be designed
so that the public notice (blue card) for design review and Planning
Commission action meetings can be inserted.
o Silk screened information on the sign board would include: the City Seal,
address and phone number of Community Development Department, and
the time when the plans can be reviewed at City Hall.
Neighborhood Consistency Subcommittee Memo:
On-site Noticing for Residential and Commercial Design Review. August 13, 2007
Page 4
■ The sign shall remain on the project site until the end of the appeal period on the
design review project. (Sign company indicates that signs of this design are
used out of doors at Stanford for more than a year at a time).
■ Should, as the result of design review, the front elevation of the project change,
the applicant shall replace the front elevation on the sign before the project goes
to a second public meeting. (Elevations can be mounted over one another with
spray glue.)
■ Should the sign be destroyed because of weather or the duration of the project, it
will not invalidate the planning proceedings. City staff will make available, at cost,
the materials to replace or renew the sign, if necessary.
By the city making the signs available to the applicants, not only is it easier for the
applicant/developer to comply with the requirement, there would be uniformity of the
signage so neighbors will learn what to look for, the signs will have a better appearance,
and there will quality control over the durability of the sign and how it is installed, e.g.
not nailed to a tree or a massive construction 6 feet tall.
Action:
The Commission with the assistance of the members of the Neighborhood Consistency
Subcommittee and staff should discuss whether the Community Development
Department should initiate an on-site notice program for all design review projects. If
directed to undertake a demonstration program for on-site noticing, this action would be
under taken with the understanding that it would be reviewed in one year, and the
Commission could determine at that time if the program was beneficial and cost
effective and should be continued.