HomeMy WebLinkAboutOrd 16521
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ORDINANCE NO. 1652
ORDINANCE OF THE CITY OF BURLINGAME
AMENDING TITLE 25 TO ESTABLISH COMMERCIAL DESIGN REVIEW IN THE
C-1 AND C-2 ZONING DISTRICTS OF THE CITY
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. The areas of the City contained in the C-1 and C-2 zoning districts of the
City are key elements to economic well-being and the aesthetic values of the City. These districts
are the gateway to the northern and southern portions of the City. They comprise the fundamental
retail areas for consumers and create the pedestrian atmosphere that is vital to Burlingame's
attractiveness to all age groups. In order to ensure that these important areas are not lost to strip
mall design or shabby architecture and the wonderful architectural elements of many of the older
buildings are not destroyed, a commercial design review process is necessary.
Section 2. A new section 25.08.255 is added to read as follows:
25.08.255 Facade.
"Facade" means:
(a) The exterior walls of a building or structure exposed to public view; or
(b) The walls viewed by a person not inside the building; or
(c) For a tenant space within a larger building, the portion of the exterior walls that
corresponds to the interior space occupied by the tenant or business establishment; or
(d) Any awnings on or attached to the exterior walls that meet the definition of facade.
Section 3. Section 25.08.643 is amended to read as follows:
25.08.643 Substantial construction.
"Substantial construction" means construction of a wholly new building, or removal or
reconstruction of fifty (50) percent or more of the exterior walls of a building; change to accessory
structures is not included in this definition.
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Section 4. A new section 25.36.037 is added to read as follows:
25.36.037 Design review.
Construction and alterations as designated in chapter 25.57 shall be subject to design review
under that chapter. When any part of a commercial structure is subject to design review, any
awnings on the commercial structure shall be included in the design review.
Section 5. A new section 25.38.055 is added to read as follows:
25.38.055 Design review.
Construction and alterations as designated in chapter 25.57 shall be subject to design review
under that chapter. When any part of a commercial structure is subject to design review, any
awnings on the commercial structure shall be included in the design review.
Section 6. Chapter 25.57 is amended to read as follows:
Chapter 25.57 DESIGN REVIEW
25.57.010 Design review required.
25.57.015 Exceptions.
25.57.020 Design review panel.
25.57.030 Design review process.
25.57.040 Exemptions
25.57.010 Design review required.
(a) Unless the proposed project has been reviewed pursuant to this chapter, no building
or construction permit shall be issued in any R-1 district for the following:
(1) Substantial construction as defined in this title of or to a single family dwelling; or
(2) A single family dwelling addition having a plate height greater than nine (9) feet
above finished floor; or
(3) An increase to the height of the existing plate line of a single family dwelling; or
(4) Construction of a garage attached to a single family dwelling; or
(5) Addition to or construction of a second story or higher.
(b) Unless the proposed project has been reviewed pursuant to this chapter, no building
or construction permit shall be issued in any C-1 or C-2 district for the following:
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(1) Substantial construction; or
(2) Change to more than fifty (50) percent of the front facade; or
(3) Change to more than fifty (50) percent of any facade facing a public or private street
or parking lot.
2 5.5 7.015 Exceptions.
The following shall be exceptions to the requirement of a design review in the C-1 and
C-2 districts:
(a) Any facade with twenty-five (25) feet or less of parking lot or public or private street
frontage; and
(b) New or replacement awnings when the facade or building is not subject to design
review.
25.57.020 Design review panel.
(a) With the approval of the planning commission, the city planner shall appoint one or
more design professionals to advise the city planner and the planning commission on
applications in R-1 districts made under this chapter. The panel appointees shall be persons in
the business of residential design who have practiced their design profession involving
residential designs in the city and who are willing to contract with the city to provide advisory
services under this chapter.
(b) For applications in the C-1 and C-2 districts, with the approval of the planning
commission, the city planner shall appoint one or more design professionals who shall be
persons in the business of commercial design and who are willing to contract with the city to
provide advisory services under this chapter.
25.57.030 Design review process.
(a) Any person seeking approval of construction to be reviewed under this chapter
shall submit an application for design review to the city planner in the same form and
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containing the same signatures as provided in section 25.16.040 of this title. The schematic
design plans submitted with the application shall demonstrate the architectural details of the
proposal, and in the case of an addition, of the existing structure and the addition.
(b) Upon completion of the application, the schematic design plans and the
application shall be referred to the planning commission for study. The study meeting shall be
noticed in accordance with the provisions for notice in this title. If at the study meeting, the
planning commission determines that formal design review is not required for the application or
that only minor changes are needed, the planning commission may order that the application
not be subject to subsection (c) below and will proceed directly to hearing under subsection (e).
(c) If the commission instead refers the application for further design review, the
plans submitted shall be referred by the city planner on a random basis to the appointee
professional described above for review and comment. The appointee's analysis shall be
forwarded to the planning commission.
(d) No prior mailed notice of the appointee's review is necessary. However, notice of
the commission's review of and hearing on each application under this chapter shall be given a
provided in section 25.16.050.
(e) A design review application in an R-ldistrict shall be reviewed by the planning
commission for the following considerations:
(1) Compatibility of the architectural style with that of the existing character of the
neighborhood;
(2) Respect for the parking and garage patterns in the neighborhood;
(3) Architectural style and consistency and mass and bulk of structures, including
accessory structures;
(4) Interface of the proposed structure with the structures on adjacent properties;
(5) Landscaping and its proportion to mass and bulk of structural components; and
(6) In the case of an addition, compatibility with the architectural style and character of
the existing structure as remodeled.
(f) A design review application in a C-1 or C-2 district shall be reviewed by the
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planning commission for the following considerations:
(1) Support of the pattern of diverse architectural styles that characterize the city's
commercial areas; and
(2) Respect and promotion of pedestrian activity by placement of buildings to
maximize commercial use of the street frontage, off-street public spaces, and by locating
parking so that it does not dominate street frontages; and
(3) On visually prominent and gateway sites, whether the design fits the site and is
compatible with the surrounding development; and
(4) Compatibility of the architecture with the mass, bulk, scale, and existing materials
of existing development and compatibility with transitions where changes in land use occur
nearby; and
(5) Architectural design consistency by using a single architectural style on the site that
is consistent among primary elements of the structure, restores or retains existing or significant
original architectural features, and is compatible in mass and bulk with other structures in the
immediate area; and
(6) Provision of site features such as fencing, landscaping, and pedestrian circulation
that enriches the existing opportunities of the commercial neighborhood.
(g) The applicant shall bear the burden of demonstrating to the satisfaction of the
planning commission that the applicant's design and project comply with the design criteria set
forth in subsections (e) or (f) above, as applicable. The commission may deny, deny without
prejudice, approve, or approve with conditions any application under this chapter.
(h) Decisions of the planning commission under this chapter shall be subject to appeal
to the city council and the effectiveness as provided in Sections 25.16.070 through 25.16.130,
except that the determination of the commission shall become final and conclusive in seven (7)
days from the date of the commission decision if no appeal is filed with the city clerk.
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25.57.040 Exemptions.
The following applications are exempt from the chapter:
(a) Applications for building permits or planning approvals for developments in R-1
districts filed before March 17, 1998 and certain amendments to those applications or permits
as specifically provided in Ordinance No. 1602.
(b) Applications for building permits or planning approvals for developments in R-1
districts filed before 5:00 p.m. on November 18. 1999, and certain amendments to those
applications or permits as specifically provided in Ordinance No. 1620.
(c) Applications for buildings permits or planning approvals for developments in C-1 or
C-2 districts filed before 5:00 p.m. on May 16, 2001, and certain amendments to those
applications or permits as specifically provided in Ordinance No. 1652.
Section 7. The provisions of Sections 3, 4, and 5 of this ordinance shall have the
following application to building or construction permits in the C-1 and C-2 districts that are
subject to this chapter:
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Date of submittal or
approval of complete
building or construction
permit application or
complete planning
application
Status under ordinance
Effect of Ordinance on an
Amendment to permit or
application
Before 5:00 p.m. on May 16,
Exempt from Design
Subject to Design Review under
2001 (the effective date of
Review under Chapter
Chapter 25.57 if:
Ordinance)
25.57
1. The permit or application, as
amended, involves any
construction subject to Chapter
25.57; and
2. The amendment would extend
the structure involved in the
application outside the envelope of
the structure for which the
approval was granted or sought in
the underlying application or
would change a facade
After 5:00 p.m. on May 16,
Subject to Design Review
Subject to Design Review under
2001 (the effective date of
under Chapter 25.57 if the
Chapter 25.57 if the application
Ordinance)
application, involves any
involves any construction subject
construction subject to
to Chapter 25.57
Chapter 25.57
Section 8.
This ordinance shall be published as req
I, ANN T. MUSSO, City Clerk of the City of Burlingame, do hereby certify that
the foregoing ordinance was introduced at a regular meeting of the City Council held on the
2nd day of April, 2001, and adopted thereafter at a regular meeting of the City Council held on
the 16th day of April, 2001, by the following vote:
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AYES: COUNCILMEMBERS: COFFEY, JANNEY, O'MAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: GALLIGAN
City Clerk
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