HomeMy WebLinkAboutAgenda Packet - CC - 2020.11.02City of Burlingame
BURLINGAME
Meeting Agenda - Final
City Council
Monday, November 2, 2020 7:00 PM
CLOSED SESSION - 6:00 p.m. - Online
BURLINGAME CITY HALL
501 PRIMROSE ROAD
BURLINGAME, CA 94010
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a. Approval of the Closed Session Agenda
Online
b. Closed Session Community Forum: Members of the Public May Address the Council on
any Item on the Closed Session Agenda at this Time
C. Adiournment into Closed Session
d. Public Employment (Government Code Section 54957)
Title: CitV Attorney (Recruitment)
City of Burlingame Page 1 Printed on 1012912020
City Council Meeting Agenda - Final November 2, 2020
On March 17, 2020, the Governor issued Executive Order N-29-20 suspending certain
provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct
their meetings telephonically or by other electronic means. Pursuant to the Governor's
Executive Order N-33-20 issued on March 19, 2020, and the CDC's social distancing guidelines
which discourage large public gatherings, the Council Chambers will not be open to the public
for the November 2, 2020 City Council Meeting.
Members of the public may view the meeting by logging into the Zoom meeting listed below.
Additionally, the meeting will be streamed live on YouTube and uploaded to the City's website
after the meeting.
Members of the public may provide written comments by email to
publiccomment@burlingame.org.
Emailed comments should include the specific agenda item on which you are commenting, or
note that your comment concerns an item that is not on the agenda or is on the Consent
Calendar. The length of the emailed comment should be commensurate with the three
minutes customarily allowed for verbal comments, which is approximately 250-300 words. To
ensure that your comment is received and read to the City Council for the appropriate agenda
item, please submit your email no later than 5:00 p.m. on November 2, 2020. The City will make
every effort to read emails received after that time, but cannot guarantee such emails will be
read into the record. Any emails received after the 5:00 p.m. deadline which are not read into
the record, will be provided to the City Council after the meeting.
All votes are unanimous unless separately noted on the record.
City of Burlingame Page 2 Printed on 1012912020
City Council Meeting Agenda - Final November 2, 2020
1. CALL TO ORDER - 7:00 p.m. - Online
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2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. ROLL CALL
4. REPORT OUT FROM CLOSED SESSION
5. UPCOMING EVENTS
6. PRESENTATIONS
a. Presentation of the Veterans Day Certificates
b. Proclamation Honoring Kathleen Kane's Service to the City
C. November 3, 2020 Presidential Election Information
City of Burlingame Page 3 Printed on 1012912020
City Council Meeting Agenda - Final November 2, 2020
7. PUBLIC COMMENTS, NON -AGENDA
Members of the public may speak about any item not on the agenda. Members of the public wishing to
suggest an item for a future Council agenda may do so during this public comment period. The Ralph M.
Brown Act (the State local agency open meeting law) prohibits the City Council from acting on any matter
that is not on the agenda.
8. APPROVAL OF CONSENT CALENDAR
Consent calendar items are usually approved in a single motion, unless pulled for separate discussion.
Any member of the public wishing to comment on an item listed here may do so by submitting a speaker
slip for that item in advance of the Council's consideration of the consent calendar.
a. Approval of City Council Meeting Minutes for October 19, 2020
Attachments: Meeting Minutes
b. Adoption of an Ordinance Amending Burlingame Municipal Code Section 18.07.110 to
Modify Construction Hours and the Exception Process for Work Conducted Outside of
Legal Hours
Attachments: Staff Report
Ordinance - Tracked Changes
Ordinance
C. Adoption of an Ordinance to Amend the San Mateo County Tourism Business
Improvement District to Remove the City of Palo Alto from the District
Attachments: Staff Report
Ordinance
Staff Report October 19, 2020
d. Adoption of an Ordinance Amending the Zoning Code (Off -Street Parking) to Reduce the
Office Parking Ratio for Properties Located in the North Burlingame Mixed Use (NBMU)
Zone; Mitigated Negative Declaration Pursuant to the California Environmental Quality Act
(CEQA), Design Review, and Conditional Use Permit for Mechanical Parking Stackers for
a New Seven -Story, Mixed -Use Development with Retail, Office and 60 Residential Units
with Below Grade Parking at 1766 El Camino Real
Attachments: Staff Report
Ordinance - Code Amendment
Resolution - CEQA
Resolution - Entitlements
TDM Measures
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City Council Meeting Agenda - Final November 2, 2020
e. Adoption of a Resolution Authorizing the City's Participation in United Against Hate Week
2020
Attachments: Staff Report
Resolution
f. Adoption of a Resolution Acceptina the 1740 Rollins Road and 842 Cowan Road Pum
Stations Flap Gates Replacement Project by Valentine Corporation, City Project No.
85830
Attachments: Staff Report
Resolution
Final Progress Payment
Protect Location Map
g. Adoption of a Resolution Accepting the Easton Drive Drainage Improvements Project b
EPS, Inc. dba Express Plumbing, City Project No. 85610
Attachments: Staff Report
Resolution
Final Progress Payment
Project Location Map
h. Adoption of a Resolution to Approve the 2020 Tourism Business Improvement District
Annual Report and to Give Notice of Intent to Levy Assessments for 2021
Attachments: Staff Report
Resolution
SMCCVB Annual Report
i. Appointment of Scott Spansail as Interim City Attorney
Attachments: Staff Report
9. PUBLIC HEARINGS (Public Comment)
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City Council Meeting Agenda - Final November 2, 2020
a. Public Hearing to Consider Introduction of a Short -Term Rental Ordinance, Adding
Chapter 6.56 to Title 6 of the Burlingame Municipal Code and Amending Chapter 4.09
Uniform Transient Occupancy Tax
Attachments: Staff Report
Ordinance
CEQA Resolution
July 6, 2020 Meeting Minutes
July 6, 2020 Staff Report
December 2, 2019 Study Session Minutes
December 2, 2019 Study Session Staff Report
b. Introduction of an Ordinance Amendina Chaoter 25.39 RRMU (North Rollins Road Mixed
Use) District Regulations and Chapter 25.40 NBMU (North Burlingame Mixed Use)
District Regulations of the Burlingame Municipal Code
Attachments: Staff Report
Exhibit 1 - RRMU Tracked Changes
Exhibit 2 - NBMU Tracked Changes
Map Exhibits
Ordinance
CEQA Resolution
10. STAFF REPORTS AND COMMUNICATIONS (Public Comment)
a. Adoption of a Resolution Creating the City of Burlingame Historic Register
Attachments: Staff Report
Resolution
Burlingame Municipal Code Chapter 21.04
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
Councilmembers report on committees and activities and make announcements.
a. Mayor Beach's Committee Report
Attachments: Committee Report
12. FUTURE AGENDA ITEMS
13. ACKNOWLEDGMENTS
The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking
Commission, Beautification Commission, Parks & Recreation Commission, and Library Board of Trustees
are available online at www.burlingame.org.
City of Burlingame Page 6 Printed on 1012912020
City Council Meeting Agenda - Final November 2, 2020
14. ADJOURNMENT
Notice: Any attendees who require special assistance or a disability -related modification to participate
in this meeting, or who have a disability and wish to request an alternative format for the agenda,
meeting notice, or other writings that may be distributed at the meeting, should contact Meaghan
Hassel -Shearer, City Clerk, by 10:00 a.m. on Monday, November 2, 2020 at (650) 558-7203 or at
mhasselshearer@burlingame.org. Notification in advance of the meeting will enable the City to make
reasonable arrangements to ensure accessibility to this meeting, the materials related to it, and your
ability to comment.
NEXT CITY COUNCIL MEETING
Monday, November 16, 2020
VIEW REGULAR COUNCIL MEETING ONLINE AT www.burlingame.org/video
Any writings or documents provided to a majority of the City Council regarding any item on this agenda
will be made available for public inspection via www.burlingame.org or by emailing the City Clerk at
mhasselshearer@burlingame.org. If you are unable to obtain information via the City's website or
through email, contact the City Clerk at (650) 558-7203.
City of Burlingame Page 7 Printed on 1012912020
Agenda Item 8a
Meeting Date: 11/02/2020
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BURLINGAME
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BURLINGAME CITY COUNCIL
Unapproved Minutes
Regular Meeting on October 19, 2020
6:00 P.M. STUDY SESSION
a. STUDY SESSION: REVIEW OF THE CITY'S PENSION AND OTHER POST -
EMPLOYMENT LIABILITIES AND CURRENT PRE -FUNDING STRATEGIES
Finance Director Augustine stated that the purpose of the Study Session was to review and update the
Council on the City's current funding strategies for its long-term employee benefits obligations. She noted
that the staff report provides a background of the City's efforts in this area. She reviewed the City's Section
115 Funds that were set up to assist in paying off the unfunded accrued liability ("UAL"). She added that the
City has two Section 115 Funds:
• OPEB (retiree medical fund) is intended to prefund a closed system of benefits by lowering the
unfunded liability in approximately 14 years
• Pension Trust is being used to ensure that the City can afford the cost increases that are coming
from Ca1PERS in the next ten years
GovInvest Senior Public Finance Consultant Ira Summer led the presentation concerning the City's pension
and other post -employment liabilities and current pre -funding strategies.
Mr. Summer began by reviewing CAPERS' fiscal year that ended June 30, 2020. He explained that
CAPERS earned a 4.7% return for fiscal year 2019-20. He stated that normally this return would be
disappointing, but because of COVID and other issues, people are satisfied with this number. He noted that
in March 2020, CAPERS was down 10%, but as a result of the federal stimulus, numbers started going back
up.
Mr. Summer stated that CAPERS' return of 4.7% is the highest that GovInvest has seen for any large
government plan across the country with a year ending June 30, 2020. However, he noted that this is down
from CAPERS' assumption of 7%.
Mr. Summer explained that he was going to review Ca1PERS' 4.7% rate of return as a one-time event and as
something that may continue. He stated that this would help the Council understand the different scenarios
and funding levels that could be required.
Burlingame City Council October 19, 2020
Unapproved Minutes
Agenda Item 8a
Meeting Date: 11/02/2020
Mr. Summer first reviewed the 4.7% return as if the lower return was a one-time event. He stated that under
the projected 7% return, the City's miscellaneous plan would be 74.2% funded and the safety plan would be
7 1. 1 % funded. However, because the return was 4.7%, the funded levels went down to 72.6% for
miscellaneous and 69.6% for safety. He stated that if Ca1PERS had achieved a 7% return, the City's UAL
would be $65.66 million, but because of the smaller return, the City's UAL is $69.72 million.
Mr. Summer stated that the City would receive a report from Ca1PERS about the smaller return in August
2021. He explained that the smaller return would affect the City's contributions beginning July 1, 2022.
Mr. Summer reviewed Ca1PERS' new amortization methodology that was established last year. He
explained that under the new methodology investment return gains and losses that are above or below the
assumption (7%) will be phased in over a five-year period. Therefore, the City won't feel the full impact of
this year until FY 2025-26. He added that over a 25-year period (2019 to 2043), the City will have to pay an
additional $9.15 million.
Mr. Summer next discussed what would happen if the 4.7% rate of return was not a one-time event and
instead continued. He stated that if this happens, each year the City's UAL will grow at a faster rate than the
City's payments increase. He added that the City's UAL will continue to grow until approximately 2030,
when it levels off. He noted that the UAL would grow from approximately $60 million to $80 million in the
next ten years under this scenario. He added that under this scenario, the City's contributions would
continue to increase. He stated that over a 25-year period, the City would pay an additional $110.73 million.
He added that the City's current UAL payment is approximately $4 million. He stated that this amount
would more than double by 2030 under this scenario.
Mr. Summer discussed the Federal Reserve dropping its interest rate down to almost zero. He noted that this
means that the fixed income portion of Ca1PERS' investment, which is a third of its portfolio, will earn
approximately zero percent for the foreseeable future. Therefore, it will be difficult for Ca1PERS to have an
annual return of 7%.
Mr. Summer stated that towards the end of Ca1PERS' FY 2019-20, its Chief Investment Officer resigned.
He explained that the new Chief Investment Officer would likely have a different strategy for Ca1PERS. He
stated that in 2021, Ca1PERS is scheduled to have its regularly scheduled review of its asset allocations and
assumptions. He explained that the chance of Ca1PERS lowering its risk and going to a lower discount rate
is high. He added that he didn't believe that Ca1PERS would drop its discount rate to 6%. He explained that
it took Ca1PERS 20 years to go from 8% to 7%.
Mr. Summer discussed the impact of Ca1PERS deciding to drop the discount rate to 6%. He stated that the
City's UAL would increase from $69.72 million to $103.46 million. He added that over the next 25 years,
the City would pay an additional $89.02 million.
Councilmember Colson asked about the former Ca1PERS Chief Investment Officer's decision to leverage
$80 billion. She asked if this was distributed throughout the portfolio and if the new Chief Investment
Officer decides to unwind this decision, how would it be done. Mr. Summer stated that he believed it was
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Burlingame City Council October 19, 2020
Unapproved Minutes
Agenda Item 8a
Meeting Date: 11/02/2020
primarily on the equity side. He added that Ca1PERS may already be unwinding this leverage.
Mayor Beach asked if she was correct that Mr. Summer had stated that if the 4.7% rate of return continued,
that the City would owe $110 million over the next 25 years. Mr. Summer replied in the affirmative and
emphasized that this is in addition to what the City is already paying.
Vice Mayor O'Brien Keighran asked if cities would be on the verge of bankruptcy due to the second
scenario where the 4.7% rate of return continued. Mr. Summer stated that it was important to keep in mind
that these are hypotheticals. He noted that if 4.7% return becomes the new normal, it says a lot about the
state of the economy. He added that the weakest prolonged period of investment return occurred from 1966
to 1981.
Councilmember Ortiz asked if Mr. Summer expected the discount rate to be lowered to 6% at some point in
the future. Mr. Summer stated that he was unsure.
Councilmember Brownrigg stated that Ca1PERS' discount rate could go down to 6%, or it could increase to
8%. He noted that the market has averaged 10% over the past 50 years. Therefore, he explained that he felt
comfortable at 7%. He added that the City has been investing ahead of schedule.
Mr. Summer stated that the City has a funding policy that included establishing a Section 115 Trust for the
City's UAL. He noted that GovInvest has spent the past few years urging cities and jurisdictions to do
exactly what the City did. He stated that the Section 115 Trust is a way of letting rating agencies and people
in Burlingame know that the City is being responsible. He added that it also gives guidance to future
Councils.
Mr. Summer stated that the City is utilizing the Section 115 Trust to smooth out the future contribution rate
increases. He explained that staff determined that the threshold contribution rates should be 37.7% for
miscellaneous and 76.9% for safety. He noted that as of June 30, 2020, the City had $12.56 million in the
Section 115 Trust.
Mr. Summer noted that the City's Section 115 Trust had a conservative rate of return. He explained that this
was good because the funds would not be in there for a long period of time. He reviewed the annual returns
of the City's Section 115 Trust:
• FY 2017-18: 1.66% (this was a nine -month period)
• FY 2018-19: 7.29%
• FY 2019-20: 4.63%
Mr. Summer reviewed the City's Section 115 Trust asset allocation:
• Equities — 51 %
• Fixed Income — 45%
• Cash Equivalents — 2%
• Real Estate — 1 %
Burlingame City Council October 19, 2020
Unapproved Minutes
Agenda Item 8a
Meeting Date: 11/02/2020
Other — 1 %
Finance Director Augustine noted that the City doesn't have a pooled PARS fund; instead, it is an individual
Section 115 Trust Fund.
Councilmember Colson voiced concern about the zero percent interest rate on fixed income when 45% of the
City's asset allocation in its Section 115 Trust is in fixed income. Mr. Summer stated that he isn't here to
make a recommendation but noted that it is a tough time to invest.
Mr. Summer stated that 2021 is not a year where cities are thinking about putting additional funds aside for
UAL. However, he explained that it was important to discuss what the City should do in the future to assist
with paying down its UAL. He stated that one option is to make additional discretionary payments to
Ca1PERS. He reviewed the advantages and disadvantages of doing this
Advantages
Disadvantages
Offset GASB Net Pension Liability on CAFR
Loss of flexibility with investment
Ability to pay off select amortization bases
Contribution is irreversible
He noted that additional discretionary payments would lower the City's required contribution.
Mr. Summer stated that another option for the City is Section 115 Trusts. He noted that once contributions
are placed into a Section 115 Trust, assets may only be used for retirement plan purposes. He added that
funds can be invested to get a better return than the City's internal reserves.
Finance Director Augustine reviewed what the City's current threshold rate is versus what it would be if the
City forecast a 6% rate of return:
Plan
Prior Threshold Rate
Recalculated Threshold Rate
Miscellaneous
37.7%
32.6%
Safety
76.9%
75.5%
Mr. Summer stated that another option is a Ca1PERS "Fresh Start". He explained that a full fresh start would
be to re -amortize the entire UAL over a shortened time period. Once the payment schedule with CAPERS is
implemented, it cannot be reversed. He stated that a soft fresh start would simulate an accelerated payment
schedule without formally adopting a new payment schedule with CAPERS.
Mr. Summer reviewed the City's retiree medical benefits. He explained that the City has 282 current
retirees/surviving spouses. He stated that the City has been pre -funding its liabilities since 2013. Currently,
the City has $22 million set aside in a Section 115 Trust for OPEB. He noted that the City is about 40%
funded and projected to be 100% funded in FY 2033-34.
Mr. Summer reviewed the City's contributions to the OPEB plan. He noted that the City's current annual
contribution is $4.4 million and that it will grow to $5.25 million over the next 15 years. He stated that this
will grow at the same rate as payroll. He added that once OPEB is fully funded, the City's contribution will
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Burlingame City Council October 19, 2020
Unapproved Minutes
Agenda Item 8a
Meeting Date: 11/02/2020
be less than $1 million a year.
Mr. Summer stated that CAPERS has three investment strategies for OPEB:
Strategy
Investment Targeted Rate of Return
Strategy 1 — Current
7.59%
Strategy 2
7.01 %
Strategy 3
6.22%
Finance Director Augustine stated that the City's recommendation would be to stay the course and watch
carefully what happens over the next year while continuing to review different scenarios. She noted that all
changes will be brought to Council for discussion and approval.
Councilmember Colson stated that every city and jurisdiction is impacted by CAPERS' rate of return. She
explained that Council's current discussion was in a vacuum that didn't consider wages, capital
infrastructure, and other matters. She stated that the analysis has to expand beyond what was discussed and
take a broader perspective of the City's finances and needs. She added that at some point, it is reasonable to
have some of the workforce weigh in on this conversation. She noted that if pensions begin to cannibalize
the City's budget, it will be the active workforce that bears the brunt.
Councilmember Ortiz stated that he was glad the City began pre -funding the UAL.
1. CALL TO ORDER
A duly noticed meeting of the Burlingame City Council was held on the above date online at 7:05 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by Mayor Beach.
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz
MEMBERS ABSENT: None
4. REPORT OUT FROM CLOSED SESSION
There was no closed session.
5. UPCOMING EVENTS
Mayor Beach reviewed the upcoming events taking place in the city.
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Burlingame City Council October 19, 2020
Unapproved Minutes
Agenda Item 8a
Meeting Date: 11/02/2020
6. PRESENTATIONS
There were no presentations.
7. PUBLIC COMMENT
There were no public comments.
8. CONSENT CALENDAR
Mayor Beach asked her colleagues and members of the public if they would like to pull any item off the
Consent Calendar. Councilmember Colson pulled 8d and 8f. Councilmember Brownrigg pulled 8c.
Councilmember Ortiz made a motion to adopt 8a, 8b, and 8e; seconded by Councilmember Brownrigg. The
motion passed unanimously by roll call vote, 5-0.
a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR OCTOBER 5, 2020
City Clerk Hassel -Shearer requested Council approve of the City Council Meeting Minutes for October 5,
2020.
b. ADOPTION OF ORDINANCE TO REMOVE AN EXEMPTION FOR COLLECTIVE
BARGAINING AGREEMENTS FROM THE BURLINGAME MINIMUM WAGE
ORDINANCE
City Attorney Kane requested Council adopt Ordinance Number 1984.
c. ADOPTION OF A RESOLUTIONS SUPPORTING THE SUBMISSION OF GRANT
APPLICATIONS FOR THE CALIFORNIA DRIVE BICYCLE FACILITY PROJECT AND
THE BURLINGAME STATION PEDESTRIAN IMPROVEMENTS PROJECT UNDER THE
SAN MATEO COUNTY TRANSPORTATION AUTHORITY MEASURE A & W
PEDESTRIAN AND BICYCLE PROGRAMS
Councilmember Brownrigg stated that he had a hard time understanding the California Drive bicycle
proposal. He explained that he believed that staff was trying to construct a Class 2 bike lane on California
Drive. He noted that he was supportive of this recommendation; however, he didn't see any renderings of
this proposal attached to the grant application. He asked if Council would be asked to review different
proposals if the City obtains the grant. DPW Murtuza stated that the grant is for design and construction of
the bike lane. He explained that staff s recommendation is to design a minimum Class 2 bike lane on
California Drive between Broadway and Oak Grove.
Mayor Beach stated that these grants only happen every two or three years, and therefore she expressed
gratitude that staff took the initiative to apply for the grant.
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Burlingame City Council October 19, 2020
Unapproved Minutes
Agenda Item 8a
Meeting Date: 11/02/2020
Mayor Beach opened the item up for public comment. No one spoke.
Councilmember Brownrigg made a motion to adopt Resolution Number 128-2020 and Resolution Number
129-2020; seconded by Councilmember Ortiz. The motion was approved unanimously by roll call vote, 5-0.
d. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCURE
LANDSCAPE STRUCTURES PLAYGROUND EQUIPMENT AND INSTALLATION FOR
THE PROPOSITION 68 PER CAPITA GRANT J-LOT PLAYGROUND RENOVATION IN
THE AMOUNT OF $148,544.09, CITY PROJECT NUMBER 79450 AND TO CHANGE
PLAYGROUND'S NAME FROM J-LOT PLAYGROUND TO PRIMROSE PLAYGROUND
Councilmember Colson thanked Parks and Recreation Director Glomstad and the Parks and Recreation
Commissioners for their work on this project. She noted that the J Lot Playground, which is being renamed
to Primrose Playground, packs a lot of fun in a small spot. She thanked staff for reviewing the City's parks
and renovating them to ensure they are accessible to all.
Councilmember Brownrigg concurred. He wondered if because the park gets so much use if there was any
way to make it bigger.
Councilmember Colson suggested a second location in a different lot near the downtown area.
Mayor Beach opened the item up for public comment.
Commissioner Milne stated that the most commonly used method for naming parks in Burlingame is naming
them after the street. He explained that it makes it very clear where the park is located.
Mayor Beach closed public comment.
Councilmember Colson made a motion to adopt Resolution Number 130-2020; seconded by Vice Mayor
O'Brien Keighran. The motion was approved unanimously by roll call, 5-0.
e. ADOPTION OF A RESOLUTION APPROVING THE VESTING TENTATIVE AND FINAL
PARCEL MAP (PM 20-01), LOT SPLIT OF 3,195 ACRE PORTION OF PARCEL A AS
FILED IN BOOK 68 OF PARCEL MAPS, PAGES 5-6, OFFICE OF THE SAN MATEO
COUNTY RECORDER AT 30 INGOLD ROAD
DPW Murtuza requested Council adopt Resolution Number 131-2020.
f. INFORMATIONAL REPORT REGARDING MINIMUM WAGE IMPACTS ON
RECREATION PROGRAMMING
Councilmember Colson thanked Parks and Recreation Director Glomstad and City Manager Goldman for
putting this analysis on the agenda. She suggested that the City absorb as much of the increased cost as
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Burlingame City Council October 19, 2020
Unapproved Minutes
Agenda Item 8a
Meeting Date: 11/02/2020
possible. She noted that a lot of families utilize the recreation programs as child care and she wanted to
ensure that they would be able to afford it. She added that she would like to discuss utilizing some of the
Parks and Recreation Foundation funds to assist families with being able to pay for recreation programs.
Councilmember Brownrigg concurred with Councilmember Colson. He noted that in these times of
economic instability, the City should help to underwrite recreation programs.
Vice Mayor O'Brien Keighran asked if the scholarship fund is fully utilized every year. Parks and
Recreation Director Glomstad replied in the negative. She noted that they are considering moving towards a
tiered scholarship program to allow for further assistance.
Mayor Beach wondered if there was a way to publish that scholarships are available when an individual is
signing up for recreation programs. She noted that this could assist getting the word out.
Mayor Beach opened the item up for public comment. No one spoke.
Vice Mayor O'Brien Keighran made a motion to accept the informational report regarding minimum wage
impacts on recreation programming; seconded by Councilmember Brownrigg. The motion was approved
unanimously by roll call vote, 5-0.
9. PUBLIC HEARING
a. INTRODUCTION OF AN ORDINANCE AMENDING THE ZONING CODE (OFF-STREET
PARKING) TO REDUCE THE OFFICE PARKING RATIO FOR PROPERTIES LOCATED
IN THE NORTH BURLINGAME MIXED USE (NBMU) ZONE; MITIGATED NEGATIVE
DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA), DESIGN REVIEW, AND CONDITIONAL USE PERMIT FOR MECHANICAL
PARKING STACKERS FOR A NEW SEVEN -STORY, MIXED -USE DEVELOPMENT
WITH RETAIL, OFFICE AND 60 RESIDENTIAL UNITS WITH BELOW GRADE
PARKING AT 1766 EL CAMINO REAL
CDD Gardiner stated that an application was submitted for construction of a new seven -story mixed use
commercial/residential development at 1776 El Camino Real. The project site is zoned North Burlingame
Mixed Use ("NBMU") and is located at the southeastern corner of El Camino Real and Trousdale Drive. He
noted that it is approximately one-half mile from the Millbrae multimodal station. He explained that the
application is being reviewed by the City Council because the application includes a request for a zoning
code amendment to alter the office parking ratio in the NBMU. He stated that code amendments cannot be
specific to a particular property, so the amendment would be applicable to all properties within the NBMU.
CDD Gardiner explained that while the code amendment is the reason for the City Council review, the
Council is asked to act on the full application including the requested development entitlements. He stated
that currently in the NBMU, the office parking ratio is one space per 300 square feet. The applicant is
proposing changing this ratio to one space per 400 square feet. He noted that the project would also contain
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Burlingame City Council October 19, 2020
Unapproved Minutes
Agenda Item 8a
Meeting Date: 11/02/2020
a Transportation Demand Management ("TDM") plan that includes: retaining a transportation coordinator,
providing transit subsidies, maintaining an emergency ride home program, providing bicycle sharing, and
unbundled on -site parking.
CDD Gardiner stated that the project consists of 7,588 square feet of retail space on the ground floor, four
floors of office space totaling 148,057 square feet, and two floors of residential units (60 units). He
explained that 5% of the residential units would be below market rate and would be affordable to the low-
income category, which is 80% of median income or below. He noted that the provision to provide 5% of
below market rate units is an aspect of the NBMU zoning that was adopted prior to the passage of the
residential impact fee ordinance. He explained that the fee ordinance requires 10% moderate income units in
lieu of fees.
CDD Gardiner stated that the office space is subject to commercial linkage fees that total $2,317,820.
CDD Gardiner stated that the applicant is requesting the following:
• Mitigated Negative Declaration — a determination that with mitigated measures there will be no
significant environmental effects as a result of the project
• Amendment to the Off -Street Parking Code to reduce office parking requirement in the NMBU
District — to change the office parking ratio from one space per 300 square feet to one space per 400
square feet for office uses in the NBMU District
• Design Review — for construction of a new seven -story, mixed use commercial/residential building
with retail, office, and 60 residential units with below -grade parking including
• Approval of Community Benefits Bonuses for a Tier 3 project, which the Planning Commission and
City Council may approve if they determine that a project includes at least three community benefits
• Conditional Use Permit — for mechanical parking stackers
Vice Mayor O'Brien Keighran stated that by providing the TDM plan, the applicant receives a 20% parking
reduction. She asked if the City would conduct an annual audit of the applicant's TDM plan to ensure their
compliance. CDD Gardiner replied that the City does not currently have a Transportation Demand
Management ordinance. Therefore, He was unsure if the City would be unable to conduct an annual audit of
the applicant's TDM plan.
Vice Mayor O'Brien Keighran stated that if the applicant is asking for a change in the parking ratio in
addition to a 20% parking decrease, then their TDM should be monitored and audited every year. She added
that there should be a penalty if they fail the audit. CDD Gardiner stated that staff could look into inserting
monitoring requirements as a condition of the application's approval.
Councilmember Brownrigg asked why the City needs to amend the zoning code versus the applicant seeking
a variance. CDD Gardiner stated that for the applicant to obtain a variance, there has to be findings of
hardship and unique circumstances. Therefore, given that this is a newly constructed project, it is harder to
make those findings.
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Burlingame City Council October 19, 2020
Unapproved Minutes
Agenda Item 8a
Meeting Date: 11/02/2020
Councilmember Brownrigg asked if the zoning amendment would be workable for the rest of the NBMU
District. CDD Gardiner replied in the affirmative. He explained that staff had been discussing the parking
ratio for a few years and were persuaded that the reduction would work because of the district's close
proximity to public transportation.
Councilmember Brownrigg stated that this approach means that the City is giving a benefit to several
property owners without getting anything in return. He asked about the bonuses being claimed because of
benefits being provided by the applicant. He asked what the bonuses are that the applicant would receive.
CDD Gardiner stated that the more benefits that are included in the project, the more bonuses that are
available. He stated that the applicant's bonuses are increased building height and floor area ratio for the
office space.
Councilmember Brownrigg asked if the bonus equated to an extra floor. CDD Gardiner stated that it is
probably an extra two floors.
Mayor Beach asked if the community benefit that the City is receiving is 5% low income housing, the public
plaza, and a TDM plan. CDD Gardiner replied in the affirmative.
Mayor Beach asked the City Clerk to read the title of the ordinance. City Clerk Hassel -Shearer read the title
of the ordinance.
Vice Mayor O'Brien Keighran made a motion to waive further reading and introduce the ordinance;
seconded by Councilmember Ortiz. The motion passed unanimously by roll call vote, 5-0.
Mayor Beach opened the public hearing.
Mario Muzzi, representing the applicant, stated that he was excited about the project. He noted that what
they came up with is in harmony with the historical use of the area and the City's vision for the NBMU
District.
The architect for the project, Bill Higgins, gave a brief presentation on the proposed project. He reviewed
the following elements of the project:
• 148,057 square feet of office space
• 7,588 square feet of commercial/retail space
• 83,870 square feet of residential space equating to 60 units
Mr. Higgins also stated that the project would provide 385 parking spaces.
Mr. Higgins showed several pictures that depicted the location of the project, height variances, materials
being used, and site plans.
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Burlingame City Council October 19, 2020
Unapproved Minutes
Agenda Item 8a
Meeting Date: 11/02/2020
Councilmember Colson asked how long the covenant runs on the affordable housing units. CDD Gardiner
replied that it is for 55 years.
Councilmember Brownrigg stated that a few years ago he asked Mr. Muzzi why the ratio on the proposed
project wasn't three floors of residential and three floors of office space. He asked Mr. Muzzi to answer that
question again. Mr. Muzzi stated that his answer has changed since the first conversation. He explained that
when he answered Councilmember Brownrigg a few years ago, his answer was based solely on construction
costs.
Councilmember Brownrigg asked about the plaza in front of the building being a public benefit. Mr. Higgins
stated that the City's code requires that the plaza be a minimum of 2,000 square feet, and the proposed plaza
is three times that size. Therefore, he explained that it adds value to the City by creating a mini park and
facilitates pedestrian movement.
Councilmember Ortiz asked about the trees and concerns that have been raised about their ability to grow.
Mr. Higgins stated that the landscape architect has been looking into this concern. He noted that some of the
trees are being put into pots. He added that they are making changes to ensure that the trees are able to grow.
Dale Young stated that he opposed a reduction in the parking ratio. He expressed concern about the effects
of this project on residential parking. (comment submitted via publiccomment&burlirn a�g).
Mayor Beach closed the public hearing.
CDD Gardiner stated that the City's Climate Action Plan has policies and procedures included in which
TDM Coordinators have to report metrics to the City on an annual basis. Therefore, he thought the
Council's concern would be covered.
Mayor Beach asked if the applicant's transportation and traffic consultant, Hexagon, would be kept on board
to conduct the annual reviews. Mr. Muzzi stated that he wasn't sure they would keep Hexagon on
indefinitely. However, he explained that the idea of monitoring and making sure that they are complying is
agreeable to the applicant.
Councilmember Ortiz stated that this is in his neighborhood. He explained that while he is concerned about
the traffic, the applicant's project fit with the City's vision for the NBMU District. He noted that he believed
that TDM monitoring would be very important.
Councilmember Colson thanked Councilmember Brownrigg and Vice Mayor O'Brien Keighran for their
expertise on this complicated project. She noted that the location of the project is unique and thought that
the Muzzi family had done a great job designing the project and making it fit in with the neighborhood. She
added that she was okay with the parking reduction because the data shows that the project still might not use
all the parking.
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Burlingame City Council October 19, 2020
Unapproved Minutes
Agenda Item 8a
Meeting Date: 11/02/2020
Councilmember Brownrigg stated that he appreciated the quality of the project and the two floors of housing.
He explained that it troubles him that the project doesn't have more housing. He discussed the Council's
commitment to obtaining more housing for the community. He stated that the City is receiving three
affordable units and a plaza that is not large enough to be considered a gathering place. He questioned
trading two floors for these benefits. Therefore, he thought the City needed to look at the balance of benefits
and bonuses in order to tilt it in favor of affordable housing.
Councilmember Brownrigg stated that he hadn't realized that the City only allows residential permit parking
programs near the commercial districts. He explained that he thought it should be broadened to allow more
neighborhoods to participate.
Vice Mayor O'Brien Keighran voiced her appreciation that TDM monitoring is included in the City's
Climate Action Plan. However, she asked that the approval of the application include some penalties if the
applicant doesn't maintain what is outlined in the TDM plan.
Vice Mayor O'Brien Keighran stated that she isn't concerned that there are only two floors of housing
included in the project. She explained that across the street from this project at Peninsula Hospital, there will
be 400 units built with 258 being affordable. She noted that there are a lot of units in the pipeline.
Additionally, she discussed the effects the pandemic has had on the rental market. She stated that there is
close to a 10% vacancy on the Peninsula, and in San Francisco there has been a 31% rent decrease.
Mayor Beach stated that there is a lot of conversation at the County level about the importance of having
TDM policies. She asked if it was possible to enforce a TDM plan without a TDM ordinance. City Attorney
Kane stated that it is important to distinguish entitlements from later ordinances enacted. She added that the
City shouldn't impose substantive requirements that didn't exist at the time the application was made and
processed. However, she noted that staff could review what can be done and what recommendations they
may have in the future.
City Attorney Kane stated that she was hearing an interest to put teeth into this TDM plan and also for staff
to research how to go forward with future projects.
Council agreed.
Councilmember Colson asked about compliance and enforcement. She stated that if there were to be
punitive enforcement action, she would want to know what that is. She added that she is always worried
about applying monetary fines as it might mean nothing to some of the larger office buildings.
Mayor Beach stated that she believed this was a good project and that the applicant followed the rules. She
appreciated that the applicant had a TDM plan, and that the City has some requirements in place to make
sure that the project stays in compliance.
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Burlingame City Council October 19, 2020
Unapproved Minutes
Agenda Item 8a
Meeting Date: 11/02/2020
Mayor Beach asked if this would be brought back at the next meeting or if Council's concerns about TDM
enforcement would require more time. City Attorney Kane stated that staff has heard Council's discussion
and that staff will review their points to bring back recommendations at the next meeting.
Mayor Beach noted that she agreed with Councilmember Colson that the data shows there is enough parking
in this area. Therefore, she felt comfortable with that reduction.
Vice Mayor O'Brien Keighran stated that in regards to future penalty fees, she would want it to be a tiered
system so that the last resort is penalties.
b. INTRODUCTION OF AN ORDINANCE AMENDING BURLINGAME MUNICIPAL CODE
SECTION 18.07.110 TO MODIFY CONSTRUCTION HOURS AND THE EXCEPTION
PROCESS FOR WORK CONDUCTED OUTSIDE OF LEGAL HOURS
CDD Gardiner explained that at the October 5 meeting, Council provided direction to staff to amend a
portion of the ordinance relating to the modified hours of construction in the Bayfront Commercial,
Innovative Industrial, and Rollins Road Mixed Use zones. He stated that a majority of the Council agreed to
allow construction to start one hour earlier in these zones but desired more clarity in what specific activities
would be prohibited during that hour.
CDD Gardiner stated that rather than using the term "excessive construction noise," which could be
subjective, the revised ordinance prohibits specific activities during that first hour. He noted that staff is
recommending prohibiting the use of chainsaws, jackhammers, piledrivers, and pneumatic impact wrenches
during the 7:00 a.m. hour. He explained that these are all comparatively loud and disruptive.
CDD Gardiner stated that the rest of the ordinance is unchanged from the October 5 meeting, including some
provisions that allow for exceptions for time -sensitive operations such as concrete pours. He noted that the
amendment also includes provisions to allow work outside of construction hours if it is within fully enclosed
buildings.
Mayor Beach asked the City Clerk to read the title of the ordinance. City Clerk Hassel -Shearer read the title
of the ordinance.
Councilmember Ortiz made a motion to waive further reading and introduce the ordinance; seconded by
Vice Mayor O'Brien Keighran. The motion passed unanimously by roll call vote, 5-0.
Mayor Beach opened the public hearing. No one spoke.
Mayor Beach closed the public hearing.
Council agreed to bring back the ordinance for adoption.
13
Burlingame City Council October 19, 2020
Unapproved Minutes
Agenda Item 8a
Meeting Date: 11/02/2020
c. INTRODUCTION OF AN ORDINANCE TO AMEND THE SAN MATEO COUNTY
TOURISM BUSINESS IMPROVEMENT DISTRICT TO REMOVE THE CITY OF PALO
ALTO FROM THE DISTRICT, AND REMOVE THE PALO ALTO REPRESENTATIVE
SEAT TO THE DISTRICT ADVISORY BOARD
Finance Director Augustine stated that the San Mateo County Tourism Business Improvement District was
established in 2001. The City acted as the lead agency in the formation of the district and continues to
administer the process each year by collecting assessments and forwarding them to the district.
Finance Director Augustine stated that in 2010, the City of Palo Alto joined the district. However, late last
year, some of the hotels in Palo Alto asked their City Council to withdrawal from the TBID. She explained
that the Palo Alto City Council tabled the discussion last year to make sure that the voices of other hotels
were heard.
Finance Director Augustine stated that in September 2020, the Palo Alto City Council adopted a resolution to
initiate a request for withdrawal from the TBID effective January 2021. She noted that withdrawal from the
TBID requires an amendment to the ordinance.
Vice Mayor O'Brien Keighran asked if Palo Alto is removed, will there be any increases in assessments for
Burlingame. Finance Director Augustine replied that the San Mateo County/Silicon Valley Convention and
Visitors Bureau took a lot of things into account when reviewing the TBID assessments. She noted that
because of the pandemic, a lot of costs were cut.
Vice Mayor O'Brien Keighran stated that hypothetically if another city left would the City's assessment
increase. Finance Director Augustine stated that she didn't believe so.
Mayor Beach asked the City Clerk to read the title of the proposed ordinance. City Clerk Hassel -Shearer
read the title of the proposed ordinance.
Councilmember Brownrigg made a motion to waive further reading and introduce the proposed ordinance;
seconded by Councilmember Colson. The motion passed unanimously by roll call vote, 5-0.
Mayor Beach opened the public hearing. No one spoke.
Mayor Beach closed the public hearing.
The Council agreed to bring this ordinance back for adoption.
14
Burlingame City Council October 19, 2020
Unapproved Minutes
Agenda Item 8a
Meeting Date: 11/02/2020
10 STAFF REPORTS
a. CONSIDERATION OF TWO APPOINTMENTS TO THE PARKS AND RECREATION
COMMISSION
City Manager Goldman stated that there are two vacancies on the Parks and Recreation Commission due to
the expiring terms of Commissioners Shari Lewis and Emily Matthews. She noted that the City received 13
applications as of the deadline in September. The Council interviewed the following 13 applicants via Zoom
on October 13, 2020: Robert Cannone, Emily Matthews, Karen Andreacchi, John Brunello, Shari Lewis,
Dale Chang, Dan DeWitt, Ray Larios, Patricia Stark, Perry Mizota, Dilyana Dimova, Jacqueline Haggarty,
and Sophia Chen. She added that the appointee terms would be three years, ending October 7, 2023.
Mayor Beach stated that she was excited by the number of applicants for the vacancies.
Councilmember Brownrigg stated that he was impressed with the quantity and quality of applicants. He
added that he had asked staff if Council could expand the number of commissioners because there were so
many qualified candidates. However, he learned that this is not an option as it was not agendized.
Councilmember Brownrigg noted that while he was unable to attend the interviews as it was his 30tn
wedding anniversary (congratulations!), he was able to watch all the interviews via the Zoom recording.
Mayor Beach opened the item up for public comment. No one spoke.
City Clerk Hassel -Shearer asked that the Council Zoom chat her their choices.
City Clerk Hassel -Shearer read the ballots. Emily Matthews was unanimously chosen for one of the
vacancies, but no second candidate received a majority. Accordingly, the City Clerk asked that the Council
discuss the candidates and then vote on a second ballot.
The Council discussed the different candidates and the possibility of enacting term limits for commissioners.
City Clerk Hassel -Shearer read the second round of ballots, and Dale Chang was unanimously selected.
Congratulations to Emily Matthews on her reappointment and congratulations to Dale Chang on his
appointment.
Thank you to Shari Lewis for her service to the City, and thank you to all the candidates that applied.
15
Burlingame City Council October 19, 2020
Unapproved Minutes
Agenda Item 8a
Meeting Date: 11/02/2020
b. APPROVAL OF ADDITIONAL FUNDING IN THE AMOUNT OF $59,000 TO
COMMISSION AN INDEPENDENT ARBORIST TO INSPECT CITY PARK TREES AND
LARGE STATURE EUCALYPTUS TREES
Parks and Recreation Director Glomstad stated that a tragic accident occurred in Washington Park when a
limb fell from an Atlas cedar tree. She explained that while the City has a robust tree program, staff would
like to augment the program with a systematic inspection, by an independent arborist, of City park trees that
are over 48 inches in circumference and the large stature Eucalyptus trees. She stated that staff is looking to
undertake this project in two phases:
• Phase 1: conduct a level two assessment of each tree and develop an overall hazard assessment,
maintenance recommendations, and determine whether a level three assessment is warranted.
Additionally, during this phase, the arborist will determine whether a tree poses an imminent danger
and if it does, the tree and surrounding area will be caution taped off until the tree can be removed.
• Phase 2: conduct a level three assessment as needed; this includes a drill test, mallet test, and entry
inspections.
Parks and Recreation Director Glomstad stated that the cost for the level two assessments is $15 per tree.
She explained that staff is anticipating about 1,926 trees will need level two assessments. She added that the
cost for the level three assessment is $300 per tree. She noted that staff doesn't know how many trees will
need the level three assessment. However, staff is estimating 5% of the trees will need that assessment.
Accordingly, staff is requesting $59,000 to undertake this project.
Mayor Beach opened the item up for public comment. No one spoke.
Councilmember Ortiz made a motion to adopt Resolution Number 132-2020: seconded by Vice Mayor
O'Brien Keighran. The motion passed unanimously by roll call vote, 5-0.
c. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF SARATOGA TO
PURCHASE RULE 20A CREDITS FOR UTILITY UNDERGROUNDING WORK ON EL
CAMINO REAL
City Manager Goldman stated that for several years, the City has worked collaboratively with Caltrans on a
project to renew and rehabilitate El Camino Real. She explained that Caltrans is in the process of conducting
studies for the environmental phase of the El Camino Real Renewal Project to address safety and
infrastructure rehabilitation needs, while considering traffic, pedestrian, utilities, drainage, and the historic
Eucalyptus Grove preservation concerns. She stated that undergrounding overhead utilities in conjunction
with Caltrans' work will be a critical component of the overall project.
City Manager Goldman stated that Council identified undergrounding the overhead power lines along El
Camino Real as a high -priority project. She explained that on June 17, 2019, the Council established the El
Camino Real Underground Utility District 2019-1 to initiate proceedings to implement the project. She
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Burlingame City Council October 19, 2020
Unapproved Minutes
Agenda Item 8a
Meeting Date: 11/02/2020
noted that the establishment of this district qualified the City to utilize available Rule 20A credits to fund a
portion of the undergrounding project.
City Manager Goldman stated that the City obtains Rule 20A credits from PG&E. She explained that the
credits are provided to cities and counties on an annual basis to use for undergrounding utilities. If a
jurisdiction does not use them in a given year, they are banked for future use. The credits can only be used
to underground PG&E overhead utilities.
City Manager Goldman explained that the preliminary cost estimate to underground overhead utilities is in
the range of $25 million to $30 million. She stated that the City currently has approximately $6.5 million in
work credits through the PG&E Rule 20A program. However, she noted that the remaining $18.5 million to
$23.5 million is unfunded at this time.
City Manager Goldman stated that at the June 1, 2020 Council meeting, staff discussed the various funding
mechanisms available to implement the undergrounding of overhead utilities. She noted that this included
forming an assessment district, General Fund appropriation, and the purchase of Rule 20A credits from
another community. She explained that purchasing Rule 20A work credits from another community is a
common practice. She stated that the practice benefits both communities as credits are often purchased at a
discount rate, while the selling community receives compensation for credits that may not be used because
there is no appropriate project to fund.
City Manager Goldman stated that at the June 1 meeting, staff asked the City Council about its willingness to
purchase Rule 20A credits at a discounted price of $.50 per credit, or half the cost of the credits, which are
valued at $1 per credit. She noted that at the time, the Council was concerned about paying that price for
these credits, particularly since there is a risk that the El Camino Real Renewal Project won't move forward
or will be changed in a way that makes undergrounding infeasible.
City Manager Goldman stated that the California Public Utilities Commission ("CPUC") is currently
reviewing recommendations to reform the Rule 20 undergrounding program statewide. She explained that
the final ruling, which is expected in early 2021, is likely to include the elimination of the practice of trading
Rule 20A credits. The proposed ruling also includes languages such that the accumulated and/or acquired
credits as of that time will expire in ten years unless used for qualified projects.
City Manager Goldman stated that after the June 1 Council meeting, staff discussed options with the
subcommittee composed of Councilmember Brownrigg and Mayor Beach. She explained that the City was
able to obtain a list from PG&E of all the agencies with Rule 20A credits. She stated that the City sent
letters to all agencies with credits valued at $2 million and above asking if those agencies were willing to sell
their credits at a cost of $.25 per credit. She noted that things are changing, budget wise, for a lot of
communities, and therefore the City felt that some of the agencies would be hungrier for incoming funds.
She added that no agencies were amenable to that price. However, the City of Saratoga's City Manager and
Finance Committee discussed selling Saratoga's $4,027,766 in credits at a price of $1,208,330, or $.30 per
credit. She stated that this is a savings of just over $800,000 from the $.50 per credit price that the City was
contemplating offering other jurisdictions in June.
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Burlingame City Council October 19, 2020
Unapproved Minutes
Agenda Item 8a
Meeting Date: 11/02/2020
City Manager Goldman stated that in order for the City to undertake this transfer with Saratoga, each City
would need to adopt an MOU, which was attached to the staff report. She noted that the Saratoga City
Council would be considering the MOU at its meeting on October 21.
City Manager Goldman stated that she and DPW Murtuza were on a Zoom call last week with a County that
has credits it is interested in selling.
City Manager Goldman stated that one of the questions that arose at the June 1 Council meeting was what
would happen if the El Camino Real Renewal Project did not come to fruition. She explained that staff
believes there are a number of other streets in the city that could qualify for the use of Rule 20A funds. She
noted that the credits can't be used on local residential streets.
City Manager Goldman reviewed other questions that arose at the June 1 Council meeting:
• Does the PG&E bankruptcy filing pose any risks to the Rule 20A credits?
She explained that it does not. She stated that staff heard from PG&E that Rule 20A credits are unaffected
by their bankruptcy filing. She noted that this has been independently confirmed by CPUC staff.
• Can Caltrans financially contribute towards the undergrounding work?
She explained that Caltrans has no legal obligation to contribute funds towards the undergrounding work.
She added that staff will continue to request this, but Caltrans doesn't have any funding source that would
pay for undergrounding.
• How will the City make up the funding gap?
She explained that there are a number of other ways to close the funding gap, including using City General
Fund dollars and creating an assessment district. She stated that one of the recommendations that CPUC
staff made is to allow certain large projects to receive an allocation of unused Rule 20A credits after the new
rule goes into effect. The protocols for qualifying for unused system wide credits will be established upon
CPUC's approval of the new rules in early 2021. She added that the City may be able to borrow ten years of
credits from the calculated future PG&E allocation in order to implement the project.
City Manager Goldman noted that the county that she and DPW Murtuza had talked to hase about $7 million
in credits that they may be willing to sell to the City. However, the county is looking for a higher price.
City Manager Goldman stated that staff is asking Council if they are okay with purchasing Saratoga's credits
for $.30 per credit for a total of $1,208,330. She noted that there is approximately $24.6 million in the City's
Capital Improvement Reserve Fund after the Community Center is funded. She added that the City will also
need approximately $15 million for the Broadway Grade Separation Project, which would leave
approximately $9.7 million remaining the reserve.
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Burlingame City Council October 19, 2020
Unapproved Minutes
Agenda Item 8a
Meeting Date: 11/02/2020
City Manager Goldman noted that the City isn't planning any additional funding to the Capital Investment
Reserve right now. However, she stated that the City will see how they do financially when they close the
books on this fiscal year.
Vice Mayor O'Brien Keighran asked if staff knew of any other cities that are trying to purchase Rule 20A
credits. City Manager Goldman replied that there are several cities that are working on obtaining credits.
Vice Mayor O'Brien Keighran asked what price the county that has $7 million in credits is looking to obtain.
City Manager Goldman stated that they tossed around $.35 per credit. The staff for the county were hoping
to receive a higher price because of the large number of credits.
City Manager Goldman stated that she wouldn't recommend that the City go up to $.40 per credit as staff
was able to negotiate better prices.
Vice Mayor O'Brien Keighran concurred with the City Manager.
Councilmember Brownrigg thanked staff for getting the price of $.30 per credit. He added that he believed it
was critical to El Camino Real to underground the utilities.
Mayor Beach opened the item up for public comment.
El Camino Real Task Force member Jennifer Pfaff enthusiastically endorsed the undergrounding of the
utilities on El Camino Real.
Mayor Beach closed public comment.
Mayor Beach asked about borrowing future credits from the PG&E allocation. DPW Murtuza stated that it
took the City 30 years to accumulate $6.5 million in Rule 20A credits.
Councilmember Colson thanked staff and the subcommittee for getting a better deal. She noted that once the
City has set a price of $.30 per credit, she believed that this new "market" number would dictate what cities
will be willing to pay. She agreed with Jennifer Pfaff on the importance of this project.
Councilmember Ortiz noted that while the City is going through some hard economic times, it is hard to pass
up this good of a deal. Therefore, he stated that he agreed with purchasing the Saratoga credits.
Vice Mayor O'Brien Keighran thanked staff and the subcommittee for negotiating the lower price.
Mayor Beach thanked her colleagues for the discussion on this item. She noted that because of the pushback
at the June 1 meeting, Council was able to save the community $800,000.
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Burlingame City Council October 19, 2020
Unapproved Minutes
Agenda Item 8a
Meeting Date: 11/02/2020
Mayor Beach stated that she would be open to exploring another opportunity to purchase Rule 20A credits
for $.30 per credit. However, she explained that she would feel more comfortable if the City maintained at
least $5 million in the Capital Investment Reserve.
Councilmember Colson discussed potentially utilizing Measure I funds towards this project.
Councilmember Colson made a motion to adopt Resolution Number 133-2020; seconded by Councilmember
Brownrigg. The motion passed unanimously by roll call vote, 5-0.
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
a. COUNCILMEMBER COLSON'S COMMITTEE REPORT
12. FUTURE AGENDA ITEMS
Councilmember Brownrigg asked that the Council review the City's Commissions including: whether there
should be more members, term -limits, and repurposing commissions. Council agreed to agendize this item.
Councilmember Brownrigg asked for the Mayor's COVID Collaborative to be agendized so that the Council
could learn more about it. The Council agreed to agendize this item.
13. ACKNOWLEDGEMENTS
The agendas, packets, and meeting minutes for the Planning Commission, Traffic, Safety & Parking
Commission, Beautification Commission, Parks and Recreation Commission, and Library Board of Trustees
are available online at www.burlin-a�g.
14. ADJOURNMENT
Mayor Beach adjourned the meeting at 10:03 p.m. in memory of Doug Friedman, Doug Bacchi and Justice
Ruth Bader Ginsburg.
Respectfully submitted,
Meaghan Hassel -Shearer
City Clerk
20
Burlingame City Council October 19, 2020
Unapproved Minutes
I
�e
Avovwi
To:
Date:
From:
STAFF REPORT
Honorable Mayor and City Council
November 2, 2020
AGENDA NO: 8b
MEETING DATE: November 2, 2020
Kevin Gardiner, Community Development Director — (650) 558-7253
Scott Spansail, Asst. City Attorney — (650) 558-7204
Subject: Adoption of an Ordinance Amending Burlingame Municipal Code Section
18.07.110 to Modify Construction Hours and the Exception Process for Work
Conducted Outside of Legal Hours
RECOMMENDATION
By motion, the City Council should adopt the following ordinance:
An Ordinance of the City of Burlingame Amending Section 18.07.110 of the Burlingame
Municipal Code to Modify Construction Hours and the Exception Process for Work
Conducted Outside of Legal Hours
To do so, the Council should:
1. By motion, adopt the proposed ordinance.
2. Direct the City Clerk to publish a summary of the ordinance within 15 days of adoption.
The City Council conducted a duly noticed public hearing and discussed the proposed amendments
at its regular meeting of October 19, 2020. No changes to the proposed ordinance were requested,
other than to correct the following scrivener's error in Section 1:
...except in the circumstances described earlier in this paragraph, and then only with written
approval from the building approval official, which shall be granted for no longer than
necessary to complete the portion of the project for which the exception was granted.
Therefore, the ordinance is presented to the City Council for adoption at its regular meeting of
November 2, 2020.
FISCAL IMPACT
None.
1
Construction Hours and Exceptions
November 2, 2020
Exhibits:
• Ordinance — Tracked Changes (for reference)
• Ordinance
CITY OF BURLINGAME ORDINANCE NO. 2020-
AMENDING SECTION 18.07.110 OF THE BURLINGAME MUNICIPAL CODE
WHEREAS, on September 19, 2016, City Council adopted by unanimous vote
Ordinance No. 1930, which changed the City's construction hours from seven (7) a.m. to
(7) seven p.m. on weekdays, nine (9) a.m. to six (6) p.m. on Saturdays, and ten (10) a.m.
to six (6) p.m. on Sundays and holidays to an eight (8) a.m. start time on weekdays and
no construction allowed on Sundays and holidays;
WHEREAS, since this time, applications for construction projects have continued
to grow within the City, with developers regularly asking for exceptions to construction
hours, often with justifications relating to site integrity which are almost universally granted;
WHEREAS, the below amendments will address many of these common
exceptions, and will encourage developers to pursue projects in Burlingame without fear
of delay that could conflict with time sensitive construction operations;
WHEREAS, amending construction hours in certain industrial zones within the City
may greatly reduce the need for exceptions, while only adding minor disruption to
residents;
WHEREAS, the Chief Building Official or his/her designee will have the ability to
regulate the work being permitted to occur outside ordinary construction hours, which will
ensure that the proposed construction activity will not result in undue disruption;
WHEREAS, allowing work to occur outside construction hours within fully enclosed
buildings would have little impact to residents but would allow builders to finish projects in
a more expedient manner;
WHEREAS, the below amendments will cumulatively allow developers to finish
projects in a more expedient manner, while providing the City with the power to monitor
their activity and require project -specific conditions that would mitigate any potential
impacts to the surrounding properties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME ORDAINS
AS FOLLOWS:
SECTION 1. Section 18.07.110 of Chapter 18.07 (Uniform Administrative Code) of the
Burlingame Municipal Code is hereby amended as follows (strikethrough text is deleted,
underlined text is added):
4 noel fire SeRteRGe is The following paragraphs are added to Section 305.1 to read as
follows:
No person shall erect (including excavation and grading), demolish, alter or repair any
building or structure other than between the hours of eight a.m. and seven p.m. on
weekdays, and nine a.m. and six p.m. on Saturdays, eXGeP+ ;R the Gase of , iFgeR+ „eGeGGity
;n the interest of publin health and safet except in circumstances where continuing work
beyond legal hours is necessary to building or site integrity, including (but not limited to)
large concrete pours, environmental considerations, state or federal requirements, or in
cases where it is in the interest of public health and safety, and then only with written
approval from the building official, which approval shall be granted for a nose n„+ +„
e)(Geed three (3) days f9F PFGjeGtE; iRGlYdiRg StFUGtUres with a gFess fleeF area of less thaR
,
no longer than necessarV to com fete
the portion of the project for which the exception was granted. No person shall erect
(including excavation and grading), demolish, alter or repair any building or structure on
Sundays or on holidays, except in the circumstances described earlier in this paragraph,
and then only with written approval from the building apqrevatofficial, which shall be
granted for no longer than necessary to complete the portion of the project for which the
exception was granted. For the purpose of this section, holidays are the days set forth in
Section 13.04.100 of this code. The restrictions stated in this section shall not apply to
work that does not require a permit under any applicable law or regulation, or to work that
takes place inside a completely enclosed building and does not exceed the exterior
ambient noise level per the BMC 25.58.0500
In the Bayfront Commercial (BFC), Innovative Industrial (1/1) and Rollins Road Mixed
Use (RRMU) zones only, construction work may begin at seven a.m. instead of eight a.m.
on weekdays. However, the use of chainsaws, jackhammers, pile -drivers or pneumatic
impact wrenches shall be prohibited from seven a.m. to eight a.m., unless written approval
is granted by the building official pursuant to an exception listed in the above paragraph.
SECTION 2. If any section, subsection, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance. The Council declares that it would have adopted the Ordinance
and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact
that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 3. CEQA. The City Council finds and determines that this Ordinance is not a
"project" within the meaning of section 15378 of the California Environmental Quality Act
(CEQA) Guidelines because it has no potential for resulting in physical change in the
environment, either directly or ultimately.
SECTION 4: This Ordinance shall be published in a newspaper of general circulation in
accordance with California Government Code Section 36933, published, and circulated in
the City of Burlingame, and shall be in full force and effect thirty (30) days after its final
passage.
EMILY BEACH, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the
foregoing ordinance was introduced at a public hearing at a regular meeting of the City
Council held on the 191" day of October, 2020, and adopted thereafter at a regular meeting
of the City Council held on the 2nd day of November 2020, by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
Meaghan Hassel -Shearer, City Clerk
CITY OF BURLINGAME ORDINANCE NO. 2020-
AMENDING SECTION 18.07.110 OF THE BURLINGAME MUNICIPAL CODE
WHEREAS, on September 19, 2016, City Council adopted by unanimous vote
Ordinance No. 1930, which changed the City's construction hours from seven (7) a.m. to
(7) seven p.m. on weekdays, nine (9) a.m. to six (6) p.m. on Saturdays, and ten (10) a.m.
to six (6) p.m. on Sundays and holidays to an eight (8) a.m. start time on weekdays and
no construction allowed on Sundays and holidays;
WHEREAS, since this time, applications for construction projects have continued
to grow within the City, with developers regularly asking for exceptions to construction
hours, often with justifications relating to site integrity which are almost universally granted;
WHEREAS, the below amendments will address many of these common
exceptions, and will encourage developers to pursue projects in Burlingame without fear
of delay that could conflict with time sensitive construction operations;
WHEREAS, amending construction hours in certain industrial zones within the City
may greatly reduce the need for exceptions, while only adding minor disruption to
residents;
WHEREAS, the Chief Building Official or his/her designee will have the ability to
regulate the work being permitted to occur outside ordinary construction hours, which will
ensure that the proposed construction activity will not result in undue disruption;
WHEREAS, allowing work to occur outside construction hours within fully enclosed
buildings would have little impact to residents but would allow builders to finish projects in
a more expedient manner;
WHEREAS, the below amendments will cumulatively allow developers to finish
projects in a more expedient manner, while providing the City with the power to monitor
their activity and require project -specific conditions that would mitigate any potential
impacts to the surrounding properties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME ORDAINS
AS FOLLOWS:
SECTION 1. Section 18.07.110 of Chapter 18.07 (Uniform Administrative Code) of the
Burlingame Municipal Code is hereby amended as follows
The following paragraphs are added to Section 305.1 to read as follows:
No person shall erect (including excavation and grading), demolish, alter or
repair any building or structure other than between the hours of eight a.m. and seven p.m.
on weekdays, and nine a.m. and six p.m. on Saturdays, except in circumstances where
continuing work beyond legal hours is necessary to building or site integrity, including (but
not limited to) large concrete pours, environmental considerations, state or federal
requirements, or in cases where it is in the interest of public health and safety, and then
only with written approval from the building official, which shall be granted for no longer
than necessary to complete the portion of the project for which the exception was granted.
No person shall erect (including excavation and grading), demolish, alter or repair any
building or structure on Sundays or on holidays, except in the circumstances described
earlier in this paragraph, and then only with written approval from the building official,
which shall be granted for no longer than necessary to complete the portion of the project
for which the exception was granted. For the purpose of this section, holidays are the days
set forth in Section 13.04.100 of this code. The restrictions stated in this section shall not
apply to work that does not require a permit under any applicable law or regulation, or to
work that takes place inside a completely enclosed building and does not exceed the
exterior ambient noise level per the BMC 25.58.050.
In the Bayfront Commercial (BFC), Innovative Industrial (1/1) and Rollins Road
Mixed Use (RRMU) zones only, construction work may begin at seven a.m. instead of
eight a.m. on weekdays. However, the use of chainsaws, jackhammers, pile -drivers or
pneumatic impact wrenches shall be prohibited from seven a.m. to eight a.m., unless
written approval is granted by the building official pursuant to an exception listed in the
above paragraph.
SECTION 2. If any section, subsection, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance. The Council declares that it would have adopted the Ordinance
and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact
that any one or more sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 3. CEQA. The City Council finds and determines that this Ordinance is not a
"project" within the meaning of section 15378 of the California Environmental Quality Act
(CEQA) Guidelines because it has no potential for resulting in physical change in the
environment, either directly or ultimately.
SECTION 4: This Ordinance shall be published in a newspaper of general circulation in
accordance with California Government Code Section 36933, published, and circulated in
the City of Burlingame, and shall be in full force and effect thirty (30) days after its final
passage.
EMILY BEACH, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the
foregoing ordinance was introduced at a public hearing at a regular meeting of the City
Council held on the 19th day of October, 2020, and adopted thereafter at a regular meeting
of the City Council held on the 2"d day of November 2020, by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
Meaghan Hassel -Shearer, City Clerk
STAFF REPORT
Honorable Mayor and City Council
November 2, 2020
AGENDA NO: 8c
MEETING DATE: October 19, 2020
Carol Augustine, Finance Director — (650) 558-7222
Kathleen Kane, City Attorney — (650) 558-7204
Subject: Adoption of an Ordinance to Amend the San Mateo County Tourism
Business Improvement District to Remove the City of Palo Alto from the
District
RECOMMENDATION
By motion, the City Council should adopt the following ordinance:
An Uncodified Ordinance of the City of Burlingame Amending the San Mateo
County Tourism Business Improvement District to remove the City of Palo Alto
from the District
To do so, the Council should:
1. By motion, adopt the proposed ordinance
2. Direct the City Clerk to publish a summary of the ordinance within 15 days of adoption
BACKGROUND
The San Mateo County Tourism Business Improvement District (TBID) was formed under Streets
& Highways Code § 36500 in 2001. The District encompassed much of San Mateo County,
including the unincorporated areas and the areas within most of the cities in the county. With
annual consent from the affected agencies, the City of Burlingame acts as lead agency for the
District, setting the annual assessment and processing the collected assessments.
At the request of the City of Palo Alto, Palo Alto hotels were included within the boundaries of the
San Mateo County TBID in 2010. The TBID assessments generated approximately $309,040
annually from Palo Alto hotels. This amount has been forwarded to the San Mateo County/Silicon
Valley CVB, which has provided visitor services and marketing for the community of Palo Alto as a
member of the broader region served by the TBID. It also provided funding for the Palo Alto
Chamber of Commerce, in support of its function as a local visitors bureau specific to Palo Alto.
However, following a community/stakeholder engagement process and poll of Palo Alto hotels, the
Palo Alto City Council adopted a resolution at its meeting on September 28, 2020 to initiate a
request for withdrawal from the TBID effective January 2021.
Adoption of Ordinance Amending T-BID to Remove Palo Alto November 2, 2020
DISCUSSION
Granting the request from the City of Palo Alto to remove Palo Alto hotels from the District
necessitates an amendment to the City of Burlingame's Ordinance 1648, the uncodified ordinance
that established the district. The ordinance has been amended in the past to include and remove
jurisdictions from the District. The attached ordinance removes Palo Alto hotels from the district,
eliminates the third benefit zone (Zone C) (which was created for the Palo Alto hotels in 2010), and
removes the Palo Alto representative seat to the District Advisory Board.
FISCAL IMPACT
Withdrawal of Palo Alto hotels from the TBID would reduce revenues to the TBID by approximately
12.7 percent. However, because the CVB Board adjusted assessment fees for 2020 to take into
account the unprecedented drop in occupancy due to COVID-19, income to the Bureau was already
decreased by 50 percent. The Board is confident that the revenue stream can be rebuilt on a solid
footing, providing the opportunity to re -hire positions that have been eliminated during the
pandemic -induced recession as budget permits, and introduce other program expenses as is
warranted. Palo Alto's withdrawal will not result in a change in the assessment basis for any hotels
in the District that are not in the City of Palo Alto. In addition, the withdrawal will have no fiscal
impact on the City of Burlingame.
Exhibits:
• Proposed Ordinance
• October 19, 2020 Staff Report
ORDINANCE NO.
AN UNCODIFIED ORDINANCE OF THE CITY OF BURLINGAME AMENDING
THE SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT
TO REMOVE THE CITY OF PALO ALTO FROM THE DISTRICT
The CITY COUNCIL of the CITY OF BURLINGAME hereby ordains as
follows:
Section 1 — Findings.
(a) Ordinance No. 1648 was adopted in February 2001 to form the San
Mateo County Tourism Business Improvement District ("District") pursuant to the
provisions of the Parking and Business Improvement Area Law of 1989, as codified
in California Streets and Highways Code sections 36500 and following.
(b) In 2010, the City of Palo Alto consented to the inclusion of its territory
within the District. However, the City of Palo Alto has now expressed a desire to
have its jurisdiction removed.
(c) The City Council held a public hearing in the Council Chambers at
City Hall, Burlingame, regarding removal of the area within the City of Palo Alto on
October 19, 2020. Following the hearing, all protests, both written and oral, were
considered and were duly overruled and denied, and the City Council determined
that there was no majority protest within the meaning of Streets & Highways Code
sections 36523, 36524, 36525, and 36542.
Section 2 — Amendments to Ordinance No. 1648.
A. Section 1(d) of Ordinance No. 1648 is amended to delete subsection (xi),
which reads "The City of Palo Alto pursuant to Palo Alto City Council Resolution
9043".
B. Section 3(b) of Ordinance No. 1648 is amended to delete the following
sentence: "And further, the Ordinance has been amended to add a third Benefit
Zone to the District, Benefit Zone C, which encompasses the entire City of Palo
Alto in northern Santa Clara County, immediately adjacent to southern San Mateo
County."
C. Section 4(I) of Ordinance No. 1648 is amended by deleting "the City of
Palo Alto".
D. Section 6(a)(1) of Ordinance No. 1648 is hereby amended to delete
reference to Benefit Zone C, to read as follows:
"In Benefit Zone A:"
E. Section 14(a)(6) of Ordinance No. 1648 is amended to delete subsection
(10), which reads "One (1) owner or manager of a hotel or owner of property
occupied by a hotel in the City of Palo Alto."
F. Exhibit A to Ordinance No. 1648 is amended by removing the City of Palo
Alto from the boundaries to read as contained in Exhibit A to this Ordinance.
Section 3. Except as expressly provided in this Ordinance and as
amended by Ordinance Nos. 1678, 1725, 1774, and 1851, all other provisions of
Ordinance No. 1648 and implementing resolutions shall remain in full force and
effect.
Section 4. This ordinance shall be published as required by law.
Emily Beach, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that
the foregoing ordinance was introduced at a public hearing at a regular meeting of
the City Council held on the 19th day of October, 2020, and adopted thereafter at
a regular meeting of the City Council held on the day of 2020, by
the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Meaghan Hassel -Shearer, City Clerk
TBID Modification Ordinance
October 19, 2020
STAFF REPORT
Honorable Mayor and City Council
October 19, 2020
AGENDA NO: 9c
MEETING DATE: October 19. 2020
Carol Augustine, Finance Director — (650) 558-7222
Subject: Introduction of an Ordinance to Amend the San Mateo County Tourism
Business Improvement District to Remove the City Of Palo Alto from the
District, and Remove the Palo Alto Representative Seat to the District
Advisory Board
RECOMMENDATION
Staff recommends that the City Council introduce an ordinance to remove the City of Palo Alto from
the boundaries of the San Mateo County Tourism Business Improvement District, and remove the
Palo Alto representative seat to the District Advisory Board. In order to do so, the City Council
should:
A. Receive the staff report and ask any questions of staff.
B. Request that the City Clerk read the title of the proposed ordinance.
C. By motion, waive further reading and introduce the ordinance.
D. Conduct a public hearing.
E. Following the public hearing, discuss the ordinance and determine whether to bring it back
for second reading and adoption. If the Council is in favor of the ordinance, direct the City
Clerk to publish a summary of the ordinance at least five days before its proposed adoption.
BACKGROUND
In 2001, in order to secure a reliable and stable revenue source, the San Mateo Convention and
Visitors Bureau recommended that a tourism business improvement district be formed under
Streets & Highways Code §§ 36500. Shortly thereafter, the San Mateo County Tourism Business
Improvement District (TBID) was formed. The District encompassed much of San Mateo County,
including the unincorporated areas and the areas within most of the cities in the county. With
annual consent from the affected agencies, the City of Burlingame acts as lead agency for the
District, setting the annual assessment and processing the collected assessments.
On March 8, 2010, the Palo Alto City Council voted 9-0 in favor of a consent calendar including the
adoption of a resolution to allow the City of Palo Alto to be included within the boundaries of the
San Mateo County TBID. This action followed a two-year contract with the San Mateo
County/Silicon Valley Convention and Visitors Bureau (CVB) for "visitorship" services in fiscal years
2009 and 2010, in support of a "Destination Palo Alto" two-year pilot program.
1
TBID Modification Ordinance October 19, 2020
Late in 2019, representatives from some of the hotels in Palo Alto approached the City of Palo Alto
with a request to withdraw from the San Mateo County Tourism Business Improvement District
(TBID) effective January 2020. According to the request for withdrawal, 19 of the 27 properties
then operating in Palo Alto — or 70% — concurred with the proposal to withdraw. At that time, the
San Mateo County/Silicon Valley CVB expressed its desire to continue serving the City of Palo
Alto, reporting that they sought to be responsive to the concerns of the Palo Alto hotels and to
demonstrate their value to the City of Palo Alto. The Palo Alto Chamber of Commerce, which has
received a portion of the TBID funding for performing visitor services since 2011, also
communicated a need to maintain this funding in order to continue their information and referral
function. At its December 2, 2019 meeting, the Palo Alto City Council postponed a final decision
on the question of withdrawal from the TBID, pending further research and/or community
engagement.
DISCUSSION
The TBID assessment generates approximately $309,040 annually from Palo Alto hotels; this
amount is paid to the San Mateo County/Silicon Valley CVB for visitor services and marketing for
the community of Palo Alto as a member of the broader region served by the TBID. Approximately
$31,890 of this funding is transferred from the CVB to the Palo Alto Chamber of Commerce to
support its function as a local visitor's bureau specific to Palo Alto. As there are no City of Palo
Alto funds budgeted to support visitor services or marketing functions such as those provided by
the San Mateo County/Silicon Valley CVB and the Palo Alto Chamber of Commerce in its capacity
as a visitor's bureau, this was a primary consideration for the Palo Alto City Council in discussing
the request for withdrawal from the TBID.
Upon conclusion of its research and community/stakeholder engagement process, the City of Palo
Alto staff presented their findings to the Palo Alto City Council at the September 28, 2020 Council
meeting. Based on a poll of Palo Alto hotels in August, the Palo Alto City Council adopted a
resolution to initiate a request for withdrawal from the TBID effective January 2021. The resolution
has been transmitted to the City of Burlingame and is attached to this report. Because the request
necessitates an ordinance change by the City of Burlingame, the City of Palo Alto has agreed to
pay reasonable administrative fees associated with the change in ordinance.
FISCAL IMPACT
Withdrawal of Palo Alto hotels from the TBID would reduce revenues to the TBID by approximately
12.7 percent. However, because the CVB Board adjusted assessment fees for 2020 to take into
account the unprecedented drop in occupancy due to COVID-19, income to the Bureau was already
decreased by 50 percent. Since "base" income has been cut by such a significant amount, the
CVB is better prepared to absorb this additional loss. As the market rebounds, the Board is
confident that the revenue stream can be rebuilt on a solid footing, providing the opportunity to re-
hire positions that have been eliminated during the pandemic -induced recession as budget permits,
and introduce other program expenses as is warranted. Palo Alto's withdrawal will not result in a
change in the assessment basis for any hotels in the District that are not in Palo Alto.
2
TBID Modification Ordinance
October 19, 2020
Exhibits:
• Proposed Ordinance
• Ordinance 1648
• Resolution of the Council of the City of Palo Alto
To:
Date:
From:
STAFF REPORT
Honorable Mayor and City Council
November 2, 2020
AGENDA NO: 8d
MEETING DATE: November 2, 2020
Kevin Gardiner, Community Development Director — (650) 558-7253
Kathleen Kane, City Attorney — (650) 558-7204
Subject: Adoption of an Ordinance Amending the Zoning Code (Off -Street Parking) to
Reduce the Office Parking Ratio for Properties Located in the North
Burlingame Mixed Use (NBMU) Zone and Adoption of Resolutions approving
a Mitigated Negative Declaration Pursuant to the California Environmental
Quality Act (CEQA), Design Review, and Conditional Use Permit for
Mechanical Parking Stackers for a New Seven -Story, Mixed -Use
Development with Retail, Office, and 60 Residential Units with Below Grade
Parking at 1766 El Camino Real
RECOMMENDATION
Staff recommends that the City Council take the following actions:
1. Adopt the following Ordinance: "An Ordinance of the City Council of the City of Burlingame
Amending Title 25 (Zoning Code) of the Burlingame Municipal Code, Chapter 25.70 to
Reduce the Office Parking Regulations in the North Burlingame Mixed Use (NBMU)
District to One Space per 400 Square Feet".
2. Adopt the following Resolution: "Resolution of the City Council of the City of Burlingame
Recommending a Finding that there is No Substantial Evidence that the Approval of a
Request for a Zoning Code Amendment to the North Burlingame Mixed Use (NBMU)
Zone, Design Review and Conditional Use Permit for a New Seven -Story, Mixed -Use
Development at 1766 El Camino Real Will Have a Significant Effect on the Environment
as Defined in the California Environmental Quality Act (CEQA), Pursuant to the Findings
Stated and Mitigation Measures Outlined in Mitigated Negative Declaration ND-608-P".
3. Adopt the following Resolution: "Resolution of the City Council of the City of Burlingame
Approving Applications for Design Review and Conditional Use Permit for a New Seven -
Story, Mixed -Use Development at 1766 El Camino Real (Assessor Parcel No: 025-161-
110)".
BACKGROUND
An application has been submitted for construction of a new seven -story, mixed use
commercial/residential development at 1766 El Camino Real. The project site is zoned NBMU
1
1766 El Camino Real - New Mixed Use Development November 2, 2020
(North Burlingame Mixed Use) and is located at the southeastern corner of El Camino Real and
Trousdale Drive, and approximately one-half mile from the Millbrae multimodal station. The project
consists of 7,588 SF of retail uses on the ground floor (to be determined), four floors (floors 2
through 5) of office space totaling 148,057 SF, and two floors (floors 6 & 7) of residential units (60
units). The overall height would be 90'-6" to the top of the parapet and 96'-0" to the top of the
elevator penthouse. The project would provide a total of 385 on -site parking spaces located in two
levels of below -grade parking, with the remaining spaces located at grade in the portion of the lot
that connects directly to California Drive.
The proposed ordinance to amend Title 25 (Zoning Code) - Section 25.70 of the Burlingame
Municipal Code to allow a reduction to the office parking regulations in the North Burlingame Mixed
Use (NBMU) to one space per 400 square feet was introduced by the City Council at its regular
meeting of October 19, 2020. Further, the City Council conducted a public hearing to consider the
proposed ordinance, as well as all applications related to a proposed seven -story mixed -use
development to be constructed at 1766 El Camino Real (applications listed below).
Councilmembers expressed a few concerns with the proposal, including the TDM reporting
requirements and the community benefits, and directed staff to bring the ordinance back for
adoption on November 2, 2020, or following resolution of the noted issues. At the same time,
resolutions memorializing all other aspects of the application package for the project at 1766 El
Camino Real are presented to the Council for adoption to ensure that action on these items
coincides with the Amendment to the Zoning Code.
At the introduction meeting, the City Council expressed concern with the lack of implementation,
monitoring, reporting, and enforcement of the proposed Transportation Demand Management
(TDM) Plan. The NBMU zoning code section 25.40.050(g) allows a twenty (20) percent reduction
in required off-street vehicle parking provided the project provides for a permanent mobility mode
shift towards alternative transportation of twenty-five (25) percent or greater. Staff noted that a TDM
ordinance has not yet been adopted because the zoning code update is currently underway and
will include a comprehensive TDM ordinance that would provide descriptive requirements for
monitoring and reporting for TDM plans upon adoption. However, since the October 19, 2020
meeting, staff has researched several TDM ordinances of other jurisdictions and also consulted
with comprehensive TDM plans for other projects in Burlingame to compile conditions of approval
(Conditions #10-14) that are now included in the attached resolution. These conditions provide
specific requirements related to the reporting and monitoring of the proposed TDM plan and are as
follows:
10. that the project shall include the Transportation Demand Management Measures as
proposed in the Recommended TDM Measures memorandum, prepared by Hexagon
Transportation Consultants, Inc., dated June 18, 2019;
11. that a TDM annual report shall be prepared by a qualified, independent consultant and paid
for by the owner and submitted to the City of Burlingame annually; with the initial, or
baseline, commute survey report to be conducted and submitted one (1) year after the
granting of a certificate of occupancy for 75 percent or more of the project and annually
after that;
2
1766 El Camino Real - New Mixed Use Development
November 2, 2020
12. that the TDM annual report shall provide information about the level of alternative mode -
uses and in the event a 25 percent mode shift (i.e., proportion of occupants that use
something other than a car to/from the subject property) towards alternative transportation
is not met, the report shall explain how and why the goal has not been reached; in such a
circumstance the annual report shall identify a work plan, to be approved by the City of
Burlingame, which describes additional or alternative measures for implementation that
would be necessary to enhance the TDM program to attain the TDM goal of 25 percent
mode split;
13. that the City may consider whether the employer/tenant has made a good faith effort to
meet the TDM goals and may allow the owner a six-month "grace period" to implement
additional TDM measures to achieve the 25 percent mobility mode shift;
14. that prior to the issuance of building permits, a covenant agreement shall be recorded with
the San Mateo County Assessor and Recorder's Office to provide constructive notice to all
future owners of the property of any ongoing programmatic requirements that discloses the
required Transportation Demand Management (TDM) provisions and any conditions of
approval related herein to compliance and reporting for the TDM;
Councilmembers also voiced concern with the community benefits being offered by the applicant
to achieve the Tier 3 level of development potential for the proposed project at 1766 El Camino
Real. Specifically the size of the public plaza and number of below market rate (BMR) units were
referenced during this Council discussion. The NBMU code section 25.40.030(b)(3)(4) provides a
menu of 11 community benefits from which a developer must choose at least three (3) in order to
request development under Tier 3 standards. The proposed project would provide a 7,928 SF
publicly accessible plaza, well in excess of the 2,000 SF minimum required under this code section.
The affordable and workforce benefit requires the project to provide affordable housing at the rate
of five percent for low-income households, or ten (10) percent for moderate -income households,
as a percentage of the total number of housing units built, for a period of fifty-five (55) years or
greater; the proposed project would provide five percent of the residential units for low-income
households, as dictated by the NBMU code.
If the City Council would like to revisit and/or increase the menu of community benefits for
developers to achieve higher densities and development potential in the NBMU zoning district, as
well as the Rollins Road Mixed Use (RRMU) district (which has almost identical community benefit
options), staff proposes holding this discussion at a future meeting, independent of this application.
For discussion of the subject project, staff has determined that the project meets the criteria set
forth in the zoning requirements for Tier 3 in the NBMU district that were in place at the time of the
application.
Application Elements:
• Mitigated Negative Declaration: A determination that with mitigation measures there will be
no significant environmental effects as a result of this project;
3
1766 El Camino Real - New Mixed Use Development
November 2, 2020
• Amendment to the Off -Street Parking Code to Reduce Office Parking Requirement in the
North Burlingame Mixed Use (NMBU) District to change the office parking ratio from 1:300
SF to 1:400 SF for office uses in the NBMU District (C.S. 25.70.040);
• Design Review for construction of a new seven -story, mixed use commercial/residential
building with retail, office, and 60 residential units with below -grade parking (C.S. 25.40.020)
including Approval of Community Benefits Bonuses for a Tier 3 project, which the Planning
Commission and City Council may approve if they determine that a project includes at least
three community benefits (Code Section 25.40.030);
• Conditional Use Permit for mechanical parking stackers (C.S. 25.40.050)(D).
FISCAL IMPACT
None.
Exhibits:
• Ordinance — Amending Title 25 (Zoning Code) — Code Section 25.70 of the Burlingame
Municipal Code, Off -Street Parking
• Resolution — CEQA
• Resolution — Project Entitlements
C
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING TITLE 25
(ZONING CODE) OF THE BURLINGAME MUNICIPAL CODE, CHAPTER 25.70 TO REDUCE THE
OFFICE PARKING REGULATIONS IN THE NORTH BURLINGAME MIXED USE (NBMU)
DISTRICT TO ONE SPACE PER 400 SQUARE FEET
The City Council of the City of Burlingame hereby ordains as follows:
Division 1. Factual Background
WHEREAS, on March 15, 2019 an application for new 7-story, mixed -use building at 1766 El
Camino Real, located within the North Burlingame Mixed Use (NBMU) zone, was filed by Certosa, Inc.;
WHEREAS, as part of the entitlement application, on June 19, 2019 the applicant submitted an
application for a Zoning Code Amendment to change the parking requirement for office uses by
reducing the office parking ratio for the entire North Burlingame Mixed Use District to one space per 500
square feet of office, where the current parking regulations in this district requires one space per 300
square feet of office;
WHEREAS, the Planning Commission reviewed this request as a study item at the September
23, 2019 meeting, but expressed concerns in reducing the office parking ratio to 1:500 SF, however
noted that a 1:400 SF parking ratio for office may be supportable;
WHEREAS, the Planning Commission reviewed a revised request as a study item at the October
28, 2019 meeting and noted that an office parking ratio of 1:400 SF was supportable rather than the
1:500 SF ratio as previously requested and directed the applicant to move the project forward with the
1:400 SF office parking ratio request;
WHEREAS, the proposed zoning amendments would reduce the office parking requirements in
the North Burlingame Mixed Use (NBMU) zone to one parking space per 400 square feet of office and
would apply to all professional, medical and dental office parking in the entire NBMU District for all future
office uses proposed in this district as reflected in the edits to Title 25, Chapter 25.70.100, as detailed in
Exhibit A;
WHEREAS, the proposed amendment to the zoning code was considered and analyzed
pursuant to the California Environmental Quality Act (CEQA), with an Initial Study/Mitigated Negative
Declaration prepared and published for public comments, with a determination that there would be no
significant impacts on the environment;
WHEREAS, after considering all written and oral testimony presented at the August 24, 2020
public hearing, the Planning Commission voted 7-0 to recommend to the City Council adoption of an
ordinance amending Title 25 (Zoning Code) - Section 25.70.100 of the Burlingame Municipal Code, to
reduce the office parking ratio for the entire North Burlingame Mixed Use District to one space per 400
square feet of office (including professional/dental/medical offices), where the current parking
regulations in this district requires one space per 300 square feet of office.
1
ORDINANCE NO.
WHEREAS, at its regular meeting of October 19, 2020 the Burlingame City Council conducted a
duly noticed public hearing to consider the Planning Commission's recommendation to amend Title 25
(Zoning Code) - Section 25.70 of the Burlingame Municipal Code, to reduce the office parking ratio for
the entire North Burlingame Mixed Use (NBMU) District to one space per 400 square feet of office and
following conclusion of the public hearing and consideration of all written and oral testimony provided
during the hearing, introduced the ordinance, by title only, waiving further reading.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES ORDAIN
AS FOLLOWS:
Division 2. Burlingame Municipal Code Section 25.70 is amended and shall be enacted as follows:
Chapter 25.70 OFF-STREET PARKING REGULATIONS
25.70.100 Office parking in the North Burlingame Mixed -Use District.
Notwithstanding any other provision of this code, the following shall apply to vehicle parking
requirements in the North Burlingame Mixed -Use District, as shown in the Community Character Section
IV of the 2019 General Plan Neighborhoods Context Map, Figure CC-3:
(a) There shall be provided parking spaces in the ratio of one space for each four hundred
(400) square feet of gross floor area for office uses. This parking ratio shall apply to
professional, medical and dental offices, all of which are permitted uses in the NBMU zone.
North Burlingame Mixed -Use District
North Burlingame
Mixed Use District
Pie
sae
ll•
ORDINANCE NO.
Division 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.
The Council declares that it would have adopted the Ordinance and each section, subsection, sentence,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared invalid.
Division 4: This Ordinance shall be published in a newspaper of general circulation in accordance
with California Government Code Section 36933, published, and circulated in the City of Burlingame,
and shall be in full force and effect thirty (30) days after its final passage.
Emily Beach, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing ordinance
was introduced at a public hearing at a regular meeting of the City Council held on the 19th day of
October, 2020, and adopted thereafter at a regular meeting of the City Council held on the 2" day of
November, 2020, by the following vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
Meaghan Hassel -Shearer, City Clerk
3
ORDINANCE NO.
EXHIBIT "A"
Chapter 25.70 Off -Street Parking is added as follows:
25.70.100 Office parking in the North Burlingame Mixed Use District.
Notwithstanding any other provision of this code, the following shall apply to vehicle parking
requirements in the North Burlingame Mixed Use District, as shown in the Community Character Section
IV of the 2019 General Plan Neighborhoods Context Map, Figure CC-3:
(a) There shall be provided parking spaces in the ratio of one space for each four hundred (400)
square feet of gross floor area for office uses. This parking ratio shall apply to professional, medical and
dental offices, all of which are permitted uses in the NBMU District.
North Burlingame
Mixed Use District
0
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME RECOMMENDING
A FINDING THAT THERE IS NO SUBSTANTIAL EVIDENCE THAT THE APPROVAL OF A
REQUEST FOR A ZONING CODE AMENDMENT (NBMU DISTRICT), DESIGN REVIEW, AND
CONDITIONAL USE PERMIT FOR A 7-STORY, MIXED -USE DEVELOPMENT AT 1766 EL
CAMINO REAL WILL HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO FINDINGS
STATED AND MITIGATION MEASURES OUTLINED IN MITIGATED NEGATIVE
DECLARATION ND-608-P
THE CITY COUNCIL OF THE CITY OF BURLINGAME finds as follows:
Section 1. On the basis of the Initial Study and the documents submitted and
reviewed, and comments received and addressed by this Council, it is found that there is no
substantial evidence that the project set forth above will have a significant effect on the
environment, and a Mitigated Negative Declaration, per Mitigated Negative Declaration
ND-608-P, is hereby approved.
Section 2. It is further directed that a certified copy of this resolution be recorded in
the official records of the County of San Mateo.
Emily Beach, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the
foregoing resolution was adopted at a regular meeting of the City Council held on the 2nd day of
November, 2020 by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Meaghan Hassel -Shearer, City Clerk
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING
APPLICATIONS FOR DESIGN REVIEW, CONDITIONAL USE PERMIT AND ZONING CODE
AMENDMENT (OFFICE PARKING IN NBMU DISTRICT) FOR A 7-STORY, MIXED -USE
DEVELOPMENT AT 1766 EL CAMINO REAL (ASSESSOR PARCEL NO: 025-161-110)
THE CITY COUNCIL OF THE CITY OF BURLINGAME finds as follows:
WHEREAS, on March 15, 2019, Certosa, Inc. c/o Mario Muzzi, filed an application with
the City of Burlingame Community Development Department — Planning Division requesting
approval of the following:
■ Environmental Review in accordance with CEQA;
■ Design Review for construction of a new 7-story, mixed -use building with retail, office and
60 residential units with below grade parking (C.S. 25.40.020);
■ Conditional Use Permit for mechanical parking stackers (C.S. 25.40.050)(D);
■ Approval of Community Benefits Bonuses for a Tier 3 project (Code Section 25.40.030);
and
■ Zoning Code Amendment to reduce the office parking ratio from 1:300 SF to 1:400 SF for
office uses in the NBMU zone (C.S. 25.70.040) (refer to accompanying staff report for
zoning code amendment).
WHEREAS, on September 23, 2019 the Planning Commission conducted a duly noticed
public hearing (environmental scoping session and design review study meeting) to review the
proposed 7-story mixed -use building and to identify subjects to be analyzed in the project Initial
Study/Mitigated Negative Declaration (IS/MND). At that time direction was provided to the
applicant regarding issues to be addressed in the project IS/MND; and
WHEREAS, on October 28, 2019 the Planning Commission conducted a duly noticed
public hearing (second design review study meeting) to review revisions to the proposed 7-story
mixed -use building; and
WHEREAS, an IS/MND was prepared to analyze project impacts; said IS/MND was
circulated for public review and comment commencing on July 15, 2020 and concluding on August
4, 2020; and
WHEREAS, on August 24, 2020, the Planning Commission conducted a duly noticed
public hearing and voted 7-0 to recommend approval of the applicant's requests for Environmental
Review, Design Review, Conditional Use Permit, and Zoning Code Amendment; and
WHEREAS, on October 19, 2020, the City Council conducted a duly noticed public hearing
to consider all project entitlements, at which time it reviewed and considered the staff report and
all other written materials and oral testimony presented at said hearing; and
RESOLUTION NO.
WHEREAS, as a result of the oral and written testimony presented at the October 19,
2020 public hearing, as well as the analysis in the staff report, the City Council hereby makes the
following findings relative to each aspect of the project application:
Design Review Findings:
■ That the proposed project supports the pattern of diverse architectural styles that
characterize the City's mixed -use area with a grand canopy that unifies the building
massing horizontally along the angled slip road and articulates the position of the
upper residential floors from the main body of the office floors.
■ That the subject property is a gateway site that will provide a new scale of building
and a new type of architecture with a mix of uses added to this area. This visually
prominent, gateway site has been designed with a strong punched opening
expression that anchors both facades at El Camino Real and Trousdale Drive and
will maintain a transparency to acknowledge this important part of the building.
■ That the design respects and promotes pedestrian activity by providing a public
plaza on the El Camino Real frontage, which wraps around to Trousdale Drive.
The plaza is sized relative to the building and provides an opportunity for outside
passive recreation, with new street trees, planters, and amenities while creating
activity along the route to the nearby transit opportunities.
• That the facade also has additional layering of the fagade with extended slab
edges to provide more depth on the corners, with an extended cantilevered slab
at the second floor that is 8-feet beyond the face of the building to provide
additional pedestrian coverage and a strong corner emphasis.
■ That the proposed building materials would include a stone base tile (dark almond
porcelain), vision glass, spandrel glass, pre -cast concrete panels
(white/almond/light gray), and glass hand rails. For the reasons above the project
may be found to be compatible with the requirements of the City's mixed -use
design review criteria.
Conditional Use Permit Findings
■ That the proposed project will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety,
general welfare, or convenience, in that the mixed of uses proposed is consistent
with the intent and allowable uses in the NBMU District;
■ That the proposed use will be located and conducted in a manner in accord with
the Burlingame General Plan and the purposes of this title, in that it provides a mix
of uses on a prominent corner property determined to be suitable for such use in
the Zoning Code and Burlingame General Plan, that the site is close to transit
options and centrally located to shops and service that won't require typical
vehicular travel;
2
RESOLUTION NO.
That the project includes a TDM plan to reduce trips and that with the use of
stackers and the TDM plan, the proposed 385 on -site parking spaces exceeds the
code required amount (with the code amendment and 20% TDM reduction) and for
the reasons above the project may be found to be compatible with the requirements
of the City's three Conditional Use Permit criteria for the utilization of mechanical
stackers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BURLINGAME THAT the applications for Design Review, Conditional Use Permit, and Zoning
Code Amendment are granted, subject to the following conditions:
that the project shall be built as shown on the plans submitted to the Planning Division
date stamped August 10, 2020, sheets T.01, A0.01 through A4.1, sheets FT1.1
through FT1.4, sheets L1.0 through L4.0;
2. that prior to issuance of a building permit for construction of the project, the project
construction plans shall be modified to include a cover sheet listing all conditions of
approval adopted by the City Council; which shall remain a part of all sets of approved
plans throughout the construction process. Compliance with all conditions of approval
is required; the conditions of approval shall not be modified or changed without the
approval of the Planning Commission, or City Council on appeal;
3. that any changes to the size or envelope of the building, which would include
expanding the footprint or floor area of the structure, replacing or relocating windows
or changing the roof height or pitch, shall be subject to Planning Commission review
(FYI or amendment to be determined by Planning staff);
4. that the project shall include three (3) affordable units to households of "Low Income"
category, as defined as earning a maximum of 80% of the San Mateo County Area
Median Income; the City Manager shall be authorized to execute an agreement with
the applicant and the applicant shall enter into an agreement for the administration of
the renting or leasing of the affordable units at least 120 days before the final
inspection;
5. that the required affordable dwelling units shall be constructed concurrently with
market -rate units;
6. that the three (3) low income restricted affordable units shall remain restricted and
affordable to the designated income group for a minimum period of fifty-five (55) years
(or a longer period of time if required by the construction or mortgage financing
assistance program, mortgage insurance program, or rental subsidy program);
7. that the three (3) restricted affordable units shall be built on -site and be dispersed
within the development. The number of bedrooms of the restricted affordable units
shall be equivalent to the bedroom mix and average sizes of the non -restricted units
in the development; except that the applicant may include a higher proportion of
restricted affordable units with more bedrooms. The design and construction of the
affordable dwelling units shall be consistent with the design, unit layout, and
construction of the total project development in terms of appearance, exterior
construction materials, and unit layout;
3
RESOLUTION NO.
8. that the applicant shall enter into a regulatory agreement with the City; the terms of
this agreement shall be approved as to form by the City Attorney's Office, and
reviewed and revised as appropriate by the reviewing City official; this agreement will
be a form provided by the City, and will include the following terms:
(a) The affordability of very low, lower, and moderate income housing shall be
assured in a manner consistent with Government Code Section 65915(c)(1);
(b) An equity sharing agreement pursuant to Government Code Section
65915(c)(2);
(c) The location, dwelling unit sizes, rental cost, and number of bedrooms of the
affordable units;
(d) A description of any bonuses and incentives, if any, provided by the City; and
(e) Any other terms as required to ensure implementation and compliance with
this section, and the applicable sections of the density bonus law;
9. that the above noted regulatory agreement regarding the three (3) restricted affordable
units shall be binding on all future owners and successors in interest; the agreement
required by this Zoning Code Section 25.63.080 is hereby a condition of all
development approvals and shall be fully executed and recorded prior to the issuance
of any building or construction permit for the proposed project;
10. that the project shall include the Transportation Demand Management Measures as
proposed in the Recommended TDM Measures memorandum, prepared by Hexagon
Transportation Consultants, Inc., dated June 18, 2019;
11. that a TDM annual report shall be prepared by a qualified, independent consultant and
paid for by the owner and submitted to the City of Burlingame annually; with the initial,
or baseline, commute survey report to be conducted and submitted one (1) year after
the granting of a certificate of occupancy for 75 percent or more of the project and
annually after that;
12. that the TDM annual report shall provide information about the level of alternative
mode -uses and in the event a 25 percent mode shift (i.e., proportion of occupants that
use something other than a car to/from the subject property) towards alternative
transportation is not met, the report shall explain how and why the goal has not been
reached; in such a circumstance the annual report shall identify a work plan, to be
approved by the City of Burlingame, which describes additional or alternative
measures for implementation that would be necessary to enhance the TDM program
to attain the TDM goal of 25 percent mode split;
13. that the City may consider whether the employer/tenant has made a good faith effort
to meet the TDM goals and may allow the owner a six-month "grace period" to
implement additional TDM measures to achieve the 25 percent mobility mode shift;
14. that prior to the issuance of building permits, a covenant agreement shall be recorded
with the San Mateo County Assessor and Recorder's Office to provide constructive
notice to all future owners of the property of any ongoing programmatic requirements
that discloses the required Transportation Demand Management (TDM) provisions
and any conditions of approval related herein to compliance and reporting for the TDM;
4
RESOLUTION NO.
15. that prior to issuance of a building permit for the project, the project applicant shall pay
the first half of the North Burlingame/Rollins Road Development Fee in the amount of
$75,159.50, made payable to the City of Burlingame and submitted to the Planning
Division;
16. that prior to scheduling the final framing inspection, the project applicant shall pay the
second half of the North Burlingame/Rollins Road Development Fee in the amount of
$75,159.50, made payable to the City of Burlingame and submitted to the Planning
Division;
17. that prior to the issuance of the building permit the Commercial Linkage Fee in the
amount of $2,317,820.00 shall be paid in full, payable to the City of Burlingame and
submitted to the Planning Division;
18. that the public plaza shall be owned, operated, and maintained by the developer or
property manager in accordance with an approved maintenance plan to be reviewed
and approved by the Community Development Director;
19. that the public plaza shall be open to the public, without charge, each day of the year,
except for temporary closures for necessary maintenance or public safety;
20. that the conditions of the Building Division's June 7, 2019 memo, the Stormwater
Division's August 8, 2019 memo, the Park's Division's November 30, 2018 memo, Fire
Division's August 16, 2019 memo and the Public -Works Engineering Division's August
1, 2019 memo related to the building permit submittal shall be met;
21. prior to issuance of a building permit, the project sponsor shall verify that the July 28,
2020, FAA determination of no hazard to air navigation for the project is still current
and has not expired (1/28/22) and if expired a new FAA determination of no hazard to
air navigation shall be submitted to the City of Burlingame prior to building permit
issuance;
22. that the project shall comply with the SFO Comprehensive Airport Land Use
Compatibility Plan (ALUCP), specifically in accordance with Safety Compatibility
Policy SP-2 pertaining to land uses; and that any future tenants of the commercial and
office space comply with the Safety Compatibility Criteria for Safety Zone 3 as
contained in Table IV-2 of the SFO ALUCP; this table defines uses to avoid and uses
that are incompatible, summarized as follows:
Incompatible Uses- Use is not compatible in the indicated zones and cannot be
permitted:
• Biosafety Level 3 and 4 facilities —which include medical and biological research
facilities involving the storage and processing of extremely toxic or infectious
agents. See Policy SP-3 of the SFO ALUCP for additional detail
• Children's schools - Public and private schools serving preschool through grade
12, excluding commercial services
• Large child day care centers - Commercial facilities defined in accordance with
Health and Safety Code, Section 1596.70, et seq., and licensed to serve 15 or
more children. Family day care homes and noncommercial employer -sponsored
facilities ancillary to place of business are allowed.
• Hospitals, nursing homes
• Stadiums, arenas
5
RESOLUTION NO.
Avoidable Uses — Uses that are not fully compatible and should not be permitted
unless no feasible alternative is available as follows:
• Biosafety Level 3 and 4 facilities — Hazardous use other than Biosafety Level
3 and 4 facilities — which include medical and biological research facilities
involving the storage and processing of extremely toxic or infectious agents. See
Policy SP-3 of the SFO ALUCP for additional detail.
• Critical public utilities - Facilities that, if disabled by an aircraft accident, could
lead to public safety or health emergencies. They include the following: electrical
power generation plants, electrical substations, wastewater treatment plants, and
public water treatment facilities.
23. that the applicant shall be required to comply with the real estate disclosure
requirements of State law and General Plan as outlined in Policy IP-1 of the SFO
ALUCP and that the following statement must be included in the notice of intention to
offer the property for sale or lease:
"Notice of Airport in Vicinity
This property is presently located in the vicinity of an airport, within what is known as
an airport influence area. For that reason, the property may be subject to some of the
annoyances or inconveniences associated with proximity to airport operations (for
example: noise, vibration, or odors). Individual sensitivities to those annoyances can
vary from person to person. You may wish to consider what airport annoyances, if
any, are associated with the property before you complete your purchase or lease and
determine whether they are acceptable to you.";
24. that the project applicant shall be required to evaluate potential airport noise impacts
if the project is located within the 65 CNEL contour line of San Francisco International
Airport (as mapped in the Airport Land Use Compatibility Plan for the Environs of San
Francisco International Airport). All projects shall be required to mitigate impacts to
comply with the interior and exterior noise standards established by the Airport Land
Use Compatibility Plan;
25. that any action that would either permit or result in the development or construction of
a land use considered to be conditionally compatible with aircraft noise of CNEL 65
dB or greater (as mapped in the Airport Land Use Compatibility Plan) shall include the
grant of an avigation easement to the City and County of San Francisco prior to
issuance of a building permit(s) for any proposed buildings or structures, consistent
with Airport Land Use Compatibility Plan Policy NP-3 Grant of Avigation Easement;
26. that the property owner shall permit the relocation of City of Burlingame Police
Department public safety communications equipment and a wireless access point for
City communications to be placed on the roof of the new structure as indicated on the
roof plans, sheet A1.10, as agreed upon by the City and the property owner. The
applicant shall provide an electrical supply source for use by the equipment. The
applicant shall permit authorized representatives of the City to gain access to the
equipment location for purposes of installation, maintenance, adjustment, and repair
upon reasonable notice to the property owner or owner's successor in interest. This
access and location agreement shall be recorded in terms that convey the intent and
meaning of this condition prior to building permit issuance;
27. that during construction, the applicant shall provide fencing (with a fabric screen or
mesh) around the project site to ensure that all construction equipment, materials and
debris is kept on site;
6
RESOLUTION NO.
28. that storage of construction materials and equipment on the street or in the public right-
of-way shall be prohibited;
29. that the applicant shall prepare a construction staging and traffic control plan for the
duration of construction for review and acceptance by the City Engineer prior to the
issuance of a building permit; the construction staging plan shall include construction
equipment parking, construction employee parking, timing and duration of various
phases of construction and construction operations hours; the staging plan shall
address public safety and shall ensure that worker's vehicles and construction
equipment shall not be parked in public parking areas with exceptions for construction
parking along the street frontages of the project site;
30. that the project applicant and its construction contractor(s) shall develop a construction
management plan for review and approval by the City of Burlingame. The plan must
include at least the following items and requirements to reduce, to the maximum extent
feasible, traffic and parking congestion during construction:
• A set of comprehensive traffic control measures, including scheduling of major
truck trips and deliveries to avoid peak traffic hours, detour signs if required, lane
closure procedures, signs, cones for drivers, and designated construction access
routes;
• Identification of haul routes for movement of construction vehicles that would
minimize impacts on motor vehicular, bicycle and pedestrian traffic, circulation and
safety, and specifically to minimize impacts to the greatest extent possible on
streets in the project area;
• Notification procedures for adjacent property owners and public safety personnel
regarding when major deliveries, detours, and lane closures would occur;
• Provisions for monitoring surface streets used for haul routes so that any damage
and debris attributable to the haul trucks can be identified and corrected by the
project applicant; and
• Designation of a readily available contact person for construction activities who
would be responsible for responding to any local complaints regarding traffic or
parking. This coordinator would determine the cause of the complaint and, where
necessary, would implement reasonable measures to correct the problem.
31. that if construction is done during the wet season (October 1 through April 30), that
prior to October 1 the developer shall implement a winterization program to minimize
the potential for erosion and polluted runoff by inspecting, maintaining and cleaning all
soil erosion and sediment control prior to, during, and immediately after each storm
even; stabilizing disturbed soils throughout temporary or permanent seeding, mulching
matting, or tarping; rocking unpaved vehicle access to limit dispersion of mud onto
public right-of-way; covering/tarping stored construction materials, fuels and other
chemicals;
32. that trash enclosures and dumpster areas shall be covered and protected from roof
and surface drainage and that if water cannot be diverted from these areas, a self-
contained drainage system shall be provided that discharges to an interceptor;
33. that this project shall comply with the state -mandated water conservation program,
and a complete Irrigation Water Management and Conservation Plan together with
complete landscape and irrigation plans shall be provided at the time of building permit
application;
7
RESOLUTION NO.
34. that all site catch basins and drainage inlets flowing to the bay shall be stenciled. All
catch basins shall be protected during construction to prevent debris from entering;
35. that this proposal shall comply with all the requirements of the Tree Protection and
Reforestation Ordinance adopted by the City of Burlingame in 1993 and enforced by
the Parks Department; complete landscape and irrigation plans shall be submitted at
the time of building permit application and the street trees will be protected during
construction as required by the City Arborist;
36. that project approvals shall be conditioned upon installation of an emergency
generator to power the sump pump system; and the sump pump shall be redundant in
all mechanical and electrical aspects (i.e., dual pumps, controls, level sensors, etc.).
Emergency generators shall be housed so that they meet the City's noise requirement;
37. that prior to issuance of a building permit, the applicant shall prepare and submit to
the Department of Public Works — Engineering Division a sanitary sewer analysis that
assesses the impact of this project to determine if the additional sewage flows can be
accommodated by the existing sewer line. If the analysis results in a determination
that the existing sewer line requires upgrading, the applicant shall perform the
necessary upgrades as determined by the Engineering Division;
38. that a Protected Tree Removal Permit shall be required from the City of Burlingame
Parks Division to remove any existing protected size trees on the subject property and
that the project shall comply with the Tree Protection and Reforestation Ordinance
adopted by the City of Burlingame and enforced by the Parks Department; complete
landscape and irrigation plans shall be submitted at the time of building permit
application and the street trees will be protected during construction as required by the
City Arborist;
39. that the project shall comply with the Construction and Demolition Debris Recycling
Ordinance which requires affected demolition, new construction and alteration projects
to submit a Waste Reduction plan and meet recycling requirements; any partial or full
demolition of a structure, interior or exterior, shall require a demolition permit;
40. that demolition or removal of the existing structures and any grading or earth moving
on the site shall not occur until a building permit has been issued and such site work
shall be required to comply with all the regulations of the Bay Area Air Quality
Management District;
41. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm
Water Management and Discharge Control Ordinance;
42. that the project shall meet all the requirements of the California Building and Uniform
Fire Codes, as amended by the City of Burlingame;
43. that this project shall comply with Ordinance No. 1477, Exterior Illumination Ordinance;
44. that construction access routes shall be limited in order to prevent the tracking of dirt
onto the public right-of-way, clean off -site paved areas and sidewalks using dry
sweeping methods;
RESOLUTION NO.
The following five (5) conditions shall be met during the Building Inspection process prior
to the inspections noted in each condition:
45. that prior to scheduling the foundation inspection a licensed surveyor shall locate the
property corners, set the building envelope;
46. that prior to scheduling the framing inspection, the project architect, engineer or other
licensed professional shall provide architectural certification that the architectural details
such as window locations and bays are built as shown on the approved plans; if there is
no licensed professional involved in the project, the property owner or contractor shall
provide the certification under penalty of perjury. Certifications shall be submitted to the
Building Division;
47. that prior to scheduling the roof deck inspection, a licensed surveyor shall shoot the height
of the roof ridge and provide certification of that height to the Building Division;
48. that prior to final inspection, Planning Division staff will inspect and note compliance of the
architectural details (trim materials, window type, etc.) to verify that the project has been
built according to the approved Planning and Building plans;
Mitigation Measures from Initial Study
Air Quality
49. the applicant shall ensure that all off -road diesel -powered equipment used during
construction is equipped with engines that meet EPA Tier 4 "final" emission standards;
50. Implement BAAQMD Basic Construction Mitigation Measures - The applicant shall require
all construction contractors to implement the basic construction mitigation measures
recommended by BAAQMD. The emissions reduction measures shall include, at a
minimum, the following:
• All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two times a day.
• All haul trucks shall be covered when transporting soil, sand, or other loose material
off -site.
• All visible mud or dirt track -out material on adjacent public roads shall be removed
using wet -power vacuum -type street sweepers at least once a day. The use of dry -
power sweeping is prohibited.
• All vehicle speeds shall be limited to 15 miles per hour on unpaved roads.
• All roadways, driveways, and sidewalks that are to be paved shall be paved as soon
as possible. Building pads shall be laid as soon as possible after grading, unless
seeding or soil binders are used.
• All construction equipment shall be maintained and properly tuned in accordance with
manufacturers' specifications. All equipment shall be checked by a certified visible -
emissions evaluator.
• Idling times shall be minimized, either by shutting equipment off when not in use or
reducing the maximum idling time to 5 minutes (as required by the California airborne
toxics control measure).
9
RESOLUTION NO.
Publicly visible signs shall be posted with the telephone number and name of the
person to contact at the lead agency regarding dust complaints. This person shall
respond and take corrective action within 48 hours. BAAQMD's phone number shall
also be visible to ensure compliance with applicable regulations;
Biological Resources
51. Pre -construction Nesting Bird Surveys and Protection Measures: - The applicant shall
implement the measures that follow prior to structure demolition and tree removal or
trimming. Construction shall avoid the avian nesting period (March 15 through August 31)
to the extent feasible. If it is not feasible to avoid the nesting period, a survey for nesting
birds shall be conducted by a qualified wildlife biologist no earlier than 7 days prior to
construction. The area surveyed shall include all clearing/construction areas as well as
areas within 250 feet of the boundaries of these areas or as otherwise determined by the
biologist. In the event that an active nest is discovered, clearing/construction shall be
postponed within 50 feet of a passerine nest and 250 feet of a raptor nest until the young
have fledged (left the nest), the nest is vacated, and there is no evidence of second nesting
attempts;
52. Implement Bird -safe Design Standards into Project Buildings and the Lighting Design: - The
applicant, or contractor, shall implement the following measures to minimize hazards for
birds:
Reduce large areas of transparent or reflective glass
Locate water features, trees, and bird habitat away from building exteriors to reduce
reflection
Reduce or eliminate the visibility of landscaped areas behind glass
Turn non -emergency lighting off at night, especially during bird migration season
(February —May and August —November)
Include window coverings that adequately block light transmission from rooms where
interior lighting is used at night and install motion sensors or controls to extinguish lights
in unoccupied spaces
Design and/or install lighting fixtures that minimize light pollution, including light trespass,
over -illumination, glare, light clutter, and skyglow, and use bird -friendly colors for lighting
when possible. The City of San Francisco's Standards for Bird -safe Buildings' provides
an overview of building design and lighting guidelines to minimize bird/building collisions
that could be used to guide the applicant;
Cultural Resources
53. Pre -construction Archaeological Sensitivity Training: - A qualified archaeologist shall
conduct a pre -construction archaeological sensitivity training session for the excavation
crew. This training will include an overview of what cultural resources are and provide
information regarding why such resources are important, archaeological terms (such as
site, feature, deposit), Project site history, the types of cultural resources that are likely
to be uncovered during excavation, the laws that protect cultural resources, and the
protocol for unanticipated discoveries (see Mitigation Measure CUL-2). An 'Alert Sheet"
shall be posted in conspicuous locations on the Project site to alert personnel to the
10
RESOLUTION NO.
procedures and protocols to follow after discovery of potentially significant precontact
archaeological resources;
54. Unanticipated Discovery Protocol: - In the event that archaeological resources are
encountered during construction, work shall be halted within 100 feet of the discovery and
the area avoided until a qualified professional archaeologist has evaluated the situation
and provided appropriate recommendations. If the find is determined to be potentially
significant, the archaeologist, in consultation with the Native American representative,
shall develop a treatment plan, which could include site avoidance, capping, or data
recovery,
55. Stop Work If Human Remains Are Encountered during Ground -disturbing Activities: If
human remains are unearthed during construction, pursuant to Section 50977.98 of the
Public Resources Code and Section 7050.5 of the State Health and Safety Code, there
shall be no further excavation or disturbance of the site or any nearby area reasonably
suspected to overlie adjacent human remains. The county coroner shall be informed to
evaluate the nature of the remains. If the remains are determined to be of Native American
in origin, the lead agency shall work with the NAHC and the applicant to develop an
agreement for treating or disposing of the human remains;
Geology, Soils, and Paleontological Resources
56. Stop Work in Case of Discovery of Paleontological Resources: - Discovery of a
paleontological specimen during any phase of the Project shall result in work stoppage in
the vicinity of the find until it can be evaluated by a professional paleontologist. Should
loss or damage be detected, additional protective measures or further action (e.g.,
resource removal), as determined by the professional paleontologist, shall be
implemented to mitigate the impact prior to the continuation of work,
Noise
57. Construction Noise Control Plan: - The applicant shall develop a set of site -specific noise
attenuation measures. Prior to commencement of construction activities, the applicant
shall submit the construction noise control plan to the City for review and approval. Noise
attenuation measures shall be identified in the plan and implemented to reduce noise
levels to the greatest extent feasible. Noise measures may include, but are not limited to,
the following:
• Using smaller equipment with lower horsepower or reducing the hourly utilization rate
of equipment on the site to reduce noise levels at 50 feet to the allowable level.
Locating construction equipment as far as feasible from noise -sensitive uses.
Requiring that all construction equipment powered by gasoline or diesel engines have
sound control devices that are at least as effective as those originally provided by the
manufacturer and that all equipment be operated and maintained to minimize noise
generation.
Prohibiting gasoline or diesel engines from having unmuffled exhaust systems.
Not idling inactive construction equipment for prolonged periods (i.e., more than
5 minutes).
Constructing a solid plywood barrier around the construction site and adjacent to
operational businesses, residences, or other noise -sensitive land uses.
• Using temporary noise control blanket barriers.
11
RESOLUTION NO.
• Monitoring the effectiveness of noise attenuation measures by taking noise
measurements.
• Using "quiet" gasoline -powered compressors or electrically powered compressors and
electric rather than gasoline- or diesel -powered forklifts for small lifting;
58. Provide Acoustical Treatments for Mechanical Equipment. - The applicant shall provide
acoustical treatments for the proposed emergency generator to reduce noise levels to
below the 60 d8A Leq daytime threshold for mechanical equipment, as determined by a
qualified acoustical consultant. In addition, the applicant shall provide acoustical
treatments for the proposed HVAC equipment to reduce noise levels to below the
nighttime noise limit of 50 d8A Leq at the property line, as also determined by a qualified
acoustical consultant. Selected acoustical treatments must ensure that noise levels will be
below the 60 d8A daytime and 50 d8A nighttime thresholds, as applicable, in accordance
with the noise limitations specified in the Municipal Code. Treatments may include, but are
not limited to:
• Installing stationary equipment as far as possible from off -site noise -sensitive land
uses and the property line to reduce noise levels at adjacent parcels,
Constructing enclosures around noise -generating mechanical equipment,
• Placing barriers around the equipment,
• Using mufflers or silencers on equipment exhaust fans,
Orienting or shielding equipment to protect sensitive uses to the greatest extent
feasible,
• Limiting the testing of emergency generators to daytime hours (7:00 a.m. to
10:00 p.m.);
Transportation
59. Traffic Control Plan: - Prior to issuance of grading and building permits, the applicant shall
submit a Traffic Control Plan to the City. The requirements of the Traffic Control Plan
include, but are not limited to, the following: Truck drivers shall be notified of and required
to use the most direct route between the site and U.S. 101, as determined by the City
Engineering Department; all site ingress and egress shall occur only at the main driveways
to the Project site; specifically designated travel routes for large vehicles shall be
monitored and controlled by flaggers; warning signs, indicating frequent truck entry and
exit points, shall be posted on adjacent roadways, if requested, and any debris or mud on
nearby streets caused by trucks shall be monitored daily, which may require instituting a
street cleaning program.
12
RESOLUTION NO.
Emily Beach, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing
resolution was adopted at a regular meeting of the City Council held on the 2"d day of November,
2020 by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Meaghan Hassel -Shearer, City Clerk
13
,, NIXA60N TDANSPODTATION CONSULTANTS, INC.
June 18, 2019
Mr. Mario Muzzi
Email:
Re: Recommended TDM Measures for the Mixed -use Development at 1766 E/ Camino
Real in Burlingame, California
Dear Mr. Muzzi:
Hexagon Transportation Consultants, Inc has completed parking research relative to the office
portion of your proposed mixed -use development at 1766 El Camino Real in Burlingame,
California. The project proposes to provide on -site parking at a reduced parking ratio compared
with the City's Zoning Code requirements for the proposed office uses. We understand the City is
considering a reduced parking ratio but would like to see some research supporting a reduced
number. Also, the City will allow a reduced ratio in conjunction with appropriate Transportation
Demand Management measures.
Hexagon recommends a list of Transportation Demand Management (TDM) measures that that
can be implemented by the project to reduce its parking demand.
Recommend TDM Measures
Transportation Demand Management (TDM) is a combination of services, incentives, facilities,
and actions that reduce single —occupant vehicle (SOV) trips to help relieve traffic congestion,
parking demand, greenhouse gas emissions, and air pollution problems. The attached table
presents a list of recommended TDM measures that are applicable to the proposed office
development, along with an indication of who should have primary responsibility for implementing
each measure.
The recommended TDM measures include a broad range of TDM measures designed to reduce
single -occupant vehicle trips and the project parking demand through a combination of
appropriate measures to promote alternative forms of transportation. The objectives of these TDM
measures include encouraging employees to use existing transit services and encouraging the
use of bicycle travel and walking to, from, and around the area. The recommended TDM
measures also include planning and design measures related to the attributes of the site design
and on -site amenities. Such design measures encourage walking, biking, and use of transit.
Some of the most important TDM measures are described as follows:
Transportation Coordinator
Experience with other TDM programs indicates that having a TDM contact person (also referred
to as a Transportation Coordinator) who focuses on transportation issues and is responsible for
implementing the TDM program is key to the plan's success. We recommend the developer
appoint an individual as the Transportation Coordinator or TDM contact person to serve the entire
mixed -use complex. He/She will be responsible for implementation of the TDM program
throughout the project and will be available to answer questions from both residents and
employees, and to coordinate as needed with all employers in the building.
4 North Second Street, Suite 400 • San Jose, California 95113 -phone 408.971.6100- fax 408.971.6102 - www.hextrans.com
�1 Mr. Mario Muzzi
June 18, 2019
" Page 2of3
Transit Subsidies
The project is located about 0.5 miles from the Millbrae Transit Center, which provides direct
access to BART and Caltrain service as well as to multiple shuttle routes and SamTrans bus
routes. At a normal walking pace, it would take approximately 10 minutes to walk from the project
site to the transit center. This encourages the use of Caltrain and SamTrans for residents and
employees of the proposed project.
Subsidized transit passes are an effective means of encouraging employees and residents to use
transit rather than drive. One way of doing this is to provide a Clipper Card with a certain amount
of cash value to the office employees and residents. The Clipper Card is an all -in -one transit card
that can be used to pay for rides on all major Bay Area transit providers, including BART, Caltrain,
and SamTrans.
Emergency Ride Home Program
An Emergency Ride Home program will guarantee that office employees within the project need
not worry about being stranded at work without a car in the event of illness, family emergency, or
unexpected overtime if they bicycle, carpool, or vanpool. The emergency ride home program
could offer free taxi service from the workplace to the employee's home.
Bicycle Sharing
Bike sharing programs provide commuter -style bikes that can be checked out from and returned
to self-service bike share stations for short trips. The idea behind bike sharing is to make bikes
available to transit users for the short journey between a transit station and the residential location.
There are no bike sharing program stations near the project site. Therefore, the project could
provide its own bike sharing program by providing bicycles on site that can be checked out by
office employees or residents for short trips.
Unbundling of On -Site Parking
Unbundled parking means separating the cost of parking from office and residential leases and
allowing tenants to choose whether to lease a parking space. This program has the benefit of
communicating the cost of constructing and maintaining parking to tenants, and it may help
increase use of other travel modes.
The TDM measures in this letter would reduce trip making and parking demand for the project.
Sincerely,
HEXAGON TRANSPORTATION CONSULTANTS, INC.
,(�J xv,,
Ling Jin
Associate
/ Mr. Mario Muzzi
June 18, 2019
Page 3of3
Table 1 — Recommended TDM Measures
Program Administration, Monitoring and Reporting
Designating a Transportation Coordinator
Building developer
Online Kiosk/TDM Information Board
Transportation Coordinator
Transportation Information Packets
Transportation Coordinator
Participation in Transportation Management Association
Building developer
Trip Planning Assistance
Transportation Coordinator
Annual Resident/Employee Surveys
Transportation Coordinator
Transit Elements
Proximity to Transit Center
Building developer
Resources (schedules, route maps & other info)
Trans. Coordinator
Transit Subsidy
Employer/Property Owner
Bicycle Facilities
Bicycle Parking
Building developer
Shower Room
Building developer
Resources (maps & info)
Trans. Coordinator
Bike Sharing
Building developer
Pedestrian Facilities
Enhanced Sidewalks
Building developer
Carpool and Vanpool Programs
On -Site Ridematching
Transportation Coordinator
511 Ridematching Assistance
Available to public
Incentives for New Carpool s/Van pools
Available to public
Discounted Tolls on Bay Area Bridges
Available to public
Other On -Site Amenities
Residential
Building developer
Retails
Building developer
Emergency Ride Home Program
Reimburse cost of emergency taxi rides
Trans. Coordinator
Unbundling of On -Site Parking
Building developer
Notes:
(1) The building developer will have Initial responsibilityfor creating an
online kiosk. After the building is
occupied, the Transportation Coordinator will have ongoing responsibilityfor
the online kiosk and various
program elements.
BUR— IN�AAGENDA NO: 8e
STAFF REPORT
MEETING DATE: November 2, 2020
To: Honorable Mayor and City Council
Date: November 2, 2020
From: Lisa K. Goldman, City Manager — (650) 558-7243
Subject: Adoption of a Resolution Authorizing the City's Participation in United
Aqainst Hate Week 2020
RECOMMENDATION
Mayor Beach and staff recommend the City Council adopt the attached resolution authorizing the
City's participation United Against Hate Week.
BACKGROUND
United Against Hate Week, which was started by the Mayor of Berkeley in 2017, is a call for seven
days of local civic action by people in every Bay Area community to stop the "hate and the implicit
biases that are a threat to the safety and civility of our neighborhoods, towns and cities." This year,
United Against Hate Week will be held November 30-December 6. Communities that wish to
participate are asked to adopt resolutions of support, post signs, and host virtual events.
ni-qri is_qinN
Last year, the City participated in United Against Hate Week for the first time. The week of activities
included special presentations at the November 18, 2019 Council meeting and development of a
flyer that listed contact information for helpful organizations and resources such as the ACLU, the
Anti -Defamation League, and the Council of American Islamic Relations. The flyer also included a
list of recommended fiction and non-fiction books. The week was capped off with a very successful
community -wide potluck and candlelight vigil at the Library.
City staff and a group of community members are in the process of planning this year's activities.
The plans, thus far, include:
• Children and parents storytime discussion led by a Hoover kindergarten teacher
• Middle school movie and discussion with the Youth Advisory Committee and the Library's
Teen Advisory Board
• Teens and adults facilitated discussion on the New York Times' "1619 Project"
• Speaking event(s) with Julie Lythcott-Haims, a former Stanford Dean and author of How to
Raise an Adult and Real American
1
United Against Hate Week November 2, 2020
Beyond participating in United Against Hate Week activities, City staff throughout the organization
have been working on equity, diversity, and inclusion initiatives for some time. The Human
Resources Department's section of the City's website, for example, contains a statement that
reads, in part, "the City of Burlingame believes that a diverse workforce provides value and strength
both internally, in terms of the human resources potential offered by a variety of different
perspectives, and externally, by increasing our ability to respond to an equally diverse community."
The Library has an Equity Team formed to look at collections, policy, programs, workforce, and
procedures with a racial equity lens. The Parks and Recreation Department's Diversity and
Inclusion Team is attending a training on the role parks and recreation plays in justice, equity,
diversity, and inclusion and is planning a marketing campaign next year to highlight and celebrate
the diversity and inclusiveness of Burlingame's parks, including community members and staff. And
finally, the Police Department sends its officers through a training on bias -based policing (racial
profiling), which is designed to teach skills needed to overcome, reduce, and manage hidden
biases. Officers are also trained in the investigation of hate crimes as well as sensitivity towards
victims.
FISCAL IMPACT
There is minimal fiscal impact from the City's participation in United Against Hate Week.
Exhibit:
• Resolution
2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING
THE CITY'S PARTICIPATION IN UNITED AGAINST HATE WEEK 2020
WHEREAS, United Against Hate Week, which was started by the Mayor of Berkeley in
2017, is a call for seven days of local civic action by people in every Bay Area community to stop
the "hate and the implicit biases that are a threat to the safety and civility of our neighborhoods,
towns and cities"; and
WHEREAS, last year, the City participated in United Against Hate Week for the first time
with activities including special presentations at the November 18, 2019 Council meeting,
development of a flyer that listed contact information for helpful organizations and resources as
well as book recommendations, and a very successful community -wide potluck and candlelight
vigil at the Library; and
WHEREAS, this year's planned activities thus far include a storytime discussion for
children and parents; a movie and discussion with the Youth Advisory Committee and the
Library's Teen Advisory Board; a facilitated discussion on the New York Times' "1619 Project;"
and a speaking events with Julie Lythcott-Haims, author of How to Raise an Adult and Real
American; and
WHEREAS, beyond participating in United Against Hate Week activities, City staff
throughout the organization have been working on equity, diversity, and inclusion initiatives for
some time.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Burlingame supports United Against Hate Week and authorizes the City's participation.
Emily Beach, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing
Resolution was introduced at a regular meeting of the City Council on the 2nd day of November,
2020, and was adopted thereafter by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
Meaghan Hassel -Shearer, City Clerk
To:
Date:
From:
STAFF REPORT
Honorable Mayor and City Council
November 2, 2020
AGENDA NO: 8f
MEETING DATE: November 2, 2020
Syed Murtuza, Director of Public Works — (650) 558-7230
Subject: Adoption of a Resolution Accepting the 1740 Rollins Road and 842 Cowan
Road Pump Stations Flap Gates Replacement Project by Valentine
Corporation, City Project No. 85830
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution accepting the 1740 Rollins
Road and 842 Cowan Road Pump Stations Flap Gates Replacement Project, City Project No.
85830.
BACKGROUND
On February 18, 2020, the City Council awarded the 1740 Rollins Road and 842 Cowan Road
Pump Stations Flap Gates Replacement Project, City Project No. 85830, to the Valentine
Corporation in the amount of $229,369.
Upgrades to the 1740 Rollins Road and 842 Cowan Road pump stations are identified in the Capital
Improvement Program (CIP) as high priority improvements. The 1740 Rollins Road location
consists of one storm water and one sewage pump station. The 842 Cowan Road location consists
of one storm water pump station and receives flows from Millbrae. The Cowan Road Pump Station
is operated and maintained by the City Burlingame, but the capital, operation, and maintenance
costs are shared 60/40 between the two municipalities, with Burlingame's share 60% and Millbrae's
share 40%. The backwater flows had been an issue due to high tides at both these pump stations
because the flap gates were old and caused leaks. As part of this project, the flap gates at these
pump stations were replaced to prevent backwater flows and leaks during high tides.
DISCUSSION
The project construction has been satisfactorily completed in compliance with the plans and
specifications. The final construction cost is $234,079, which is $4,710, or 2% above the awarded
contract amount. The extra work was due to unforeseen fabrication items needed at the flap gates
and additional site preparation.
1
November 02, 2020
Acceptance of the 1740 Rollins Road and 842 Cowan Road
Pump Stations Flap Gates Replacement Project by Valentine Corporation,
City Project No. 85830
FISCAL IMPACT
The following are the estimated final project expenditures:
Construction $234,079
Construction Management and Inspection $22,000
Engineering Support during Construction $38,000
Engineering and Administration $12,521
Total $306,600
There are adequate funds available in the Capital Improvement Program budget to cover the
estimated final costs.
Exhibits:
• Resolution
• Final Progress Payment
• Project Location Map
2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
ACCEPTING IMPROVEMENTS — 1740 ROLLINS ROAD AND 842 COWAN ROAD
PUMP STATIONS FLAP GATES REPLACEMENT PROJECT
BY VALENTINE CORPORATION
CITY PROJECT NO. 85830
RESOLVED by the CITY COUNCIL of the City of Burlingame, California, which finds,
orders and determines as follows:
1. The Director of Public Works has certified the work done by Valentine Corporation,
under the terms of its contract with the City dated March 30, 2020, has been completed in
accordance with the plans and specifications approved by the City Council and to the
satisfaction of the Director of Public Works.
2. Said work is particularly described as City Project No. 85830.
3. The work is accepted.
Emily Beach, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the
foregoing Resolution was introduced at a regular meeting of the City Council held on the 2nd day
of November, 2020, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Meaghan Hassel -Shearer, City Clerk
CONTRACTOR: Valentine Corporation CITY OF BURLINGAME DATE : August 31, 2020
ADDRESS: 111 Pelican Way, San Rafael, CA 94401 PAYMENT NO. Final FOR THE MONTH OF : August 2020
1740 ROLLINS ROAD AND 842 COWAN ROAD PUMP STATIONS FLAP GATES REPLACEMENT PROJECT PURCHASE ORDER # 320521
TELEPHONE: 415-453-3732 CITY PROJECT NO. 85830
ITEM UNIT BID UNIT BID QUANTITY : % AMOUNT PREVIOUS AMOUNT
# ITEM DESCRIPTION PRICE QUANTITY SIZE AMOUNT TO DATE COMPLETE TO DATE PAID THIS PMT.
1
For furnishing all labor, equipment, and materials, complete, all as shown on the Contract Drawings
$110,000.00
1.00
$
110,000.00
1.00 :
100.00%
$
110,000.00
$
$
110,000.00
and specified herein for removal and replacement of stormwater discharge pipe flap valves, including
ancillary work, at the 1740 Rollins Road Stormwater Pump Station Discharge Box.
LS
2
For Mobilization/Demobilization for all work at the 1740 Rollins Road Pump Station site.
$15,000.00
1.00
LS
$
15,000.00
1.00 :
100.00%
$
15,000.00
$
$
15,000.00
3
For Environmental/NPDES Compliance for all work conducted on the 1740 Rollins Road Pump Station
$5,000.00
1.00
$
5,000.00
1.00 :
100.00%
$
5,000.00
$
$
5,000.00
site.
LS
For furnishing all labor, equipment, and materials, complete, all as shown on the Contract Drawings
4
: and specified herein for removal and replacement of stormwater discharge pipe flap valves, including
$74,000.00
1.00
$
74,000.00
1.00 :
100.00%
$
74,000.00
$
$
74,000.00
ancillary work at the 842 Cowan Road Stormwater Pump Station site.
LS
5
For Mobilization/Demobilization for all work at the 842 Cowan Road Pump Station site.
$13,000.00
1.00
LS
$
13,000.00
1.00
100.00%
$
13,000.00
$
$
13,000.00
6
For Environmental/NPDES Compliance for all work conducted on the 842 Cowan Road Pump Station
$12,369.00
1.00
$
12,369.00
1.00
100.00%
$
12,369.00
$
$
12,369.00
site
LS
SUBTOTAL
$ 229,369.00
$
229,369.00
$ -
$
229,369.00
PROJECT TOTAL
$ 229,369.00
$
229,369.00
$
$
229,369.00
CHANGE ORDERS
CCO UNIT
CCO
UNIT
BID
QUANTITY :
%
AMOUNT
PREVIOUS
AMOUNT
# DESCRIPTION
PRICE
QUANTITY
SIZE
AMOUNT
TO DATE
COMPLETE
TO DATE
PAID
THIS PMT.
CCO1.1 Change Order 1, Additional site visit prior to start of construction
$2,209.52
1.00
EA
$2,209.52
1.00
100.00%
$
2,209.52
$
$
2,209.52
CCO1.2 Change Order 2, Flap Gates Design Modifications
$2,500.00
1.00
EA
$2,500.00
1.00
100.00%
$
2,500.00
$
$
2,500.00
CHANGE ORDERS TOTAL $4,709.52
$
4,709.52
$
- $
4,709.52
DEDUCTIONS:
D1
$ HR
$
-
$
$
-
TOTAL DEDUCTIONS
DATE
PREPARED BY: Mahesh Yedluri
SUBTOTAL * **"******* * ******'******'****'**
$
234,078.52
$
$
234,078.52
LESS FIVE (5%) PERCENT RETENTION
$
(11,703.93)
$
$
(11,703.93)
CHECKED BY:
... ..... ................ ... ........
APPROVED BY
SUBTOTAL WITHOUT DEDUCTIONS
$
222,374.59
$
$
222,374.59
CITY ENGINEER:
AMOUNT DUE FROM CONTRACTOR
$
-
$
$
-
APPROVED BY
...
CONSULTANT:
TOTAL THIS PERIOD """""'"" ""*""" ""*""'
$
222,374.59
$
$
222,374.59
Page 1 of 1
PROJECT LOCATION MAP
1740 Rollins Road and 842 Cowan Road Pump Station Repairs
City Project Nos. 85830
Avovwi
To:
Date:
From:
STAFF REPORT
Honorable Mayor and City Council
November 2, 2020
AGENDA NO: 8g
MEETING DATE: November 2, 2020
Syed Murtuza, Director of Public Works — (650) 558-7230
Subject: Adoption of a Resolution Accepting the Easton Drive Drainage
Improvements Project by EPS, Inc. dba Express Plumbing, City Project No.
85610
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution accepting the Easton Drive
Drainage Improvements Project, City Project No. 85610.
BACKGROUND
On September 3, 2019, the City Council awarded the Easton Drive Drainage Improvements Project,
City Project No. 85610, to EPS, Inc. dba Express Plumbing in the amount of $228,050.
In 2017, a high -intensity storm caused flooding in the Easton Drive neighborhood and impacted the
basement of a private property at 2627 Easton Drive. This particular property is located at a low
point in the affected area from which the storm water is discharged to the creek. As part of this
project, the stormwater capacity of the drainage system from the Easton Drive neighborhood to the
creek was significantly increased by installing a larger storm drain pipe. The scope of work included
construction of new storm drain inlets, curb, and gutter in the public right-of-way and storm drain
piping through an existing easement in private property.
DISCUSSION
The project construction has been satisfactorily completed in compliance with the plans and
specifications. The final construction cost is $282,065, which is $54,015, or approximately 24%,
above the original contract and is within the Council -authorized contingencies. Additional
contingencies were approved for this project due to the nature of the underground work. The added
construction costs were due to unforeseen underground conditions that the contractor faced during
the trenchless construction, resulting in delays. Additionally, change order work included stabilizing
soft soil that was encountered and working around unforeseen utility alignments in the street.
1
Acceptance of the Easton Drive Drainage Improvements Project
by EPS Inc. dba Express Plumbing, City Project No. 85610
November 2, 2020
FISCAL IMPACT
The following are the estimated final project expenditures:
Construction
Construction Management and Inspection
Engineering Support during Construction
Engineering and Administration
Total
$282,065
$35,000
$8,000
$15,035
$340,100
There are adequate funds available in the Capital Improvement Program budget to cover the costs.
Exhibits:
• Resolution
• Final Progress Payment
• Project Location Map
2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
ACCEPTING IMPROVEMENTS — EASTON DRIVE DRAINAGE IMPROVEMENTS
PROJECT BY EPS, INC. DBA EXPRESS PLUMBING
CITY PROJECT NO. 85610
RESOLVED by the CITY COUNCIL of the City of Burlingame, California, which finds,
orders and determines as follows:
1. The Director of Public Works has certified the work done by EPS, Inc. dba Express
Plumbing, under the terms of its contract with the City dated September 17, 2019, has been
completed in accordance with the plans and specifications approved by the City Council and to
the satisfaction of the Director of Public Works.
2. Said work is particularly described as City Project No. 85610.
3. The work is accepted.
Emily Beach, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the
foregoing Resolution was introduced at a regular meeting of the City Council held on the 2nd day
of November, 2020, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Meaghan Hassel -Shearer, City Clerk
CONTRACTOR: Express Plumbing
CITY OF BURLINGAME
DATE
September 21, 2020
ADDRESS: 307 N. Amphlett Blvd., San Mateo, CA 94401
PAYMENT NO.
Final
FOR
THE MONTH OF
: August
2020
EASTON
DRIVE DRAINAGE
IMPROVEMENTS
PURCHASE ORDER # 320281
TELEPHONE:
650-343-9477
CITY PROJECT NO. 85610
ITEM
UNIT
BID
UNIT
BID
QUANTITY :
%
AMOUNT
PREVIOUS
AMOUNT
#
ITEM DESCRIPTION
PRICE
QUANTITY
SIZE
AMOUNT
TO DATE
COMPLETE
TO DATE
PAID
THIS PMT.
1
Mobilization/Demobilization
$10,000.00
1.00
LS
$
10,000.00
1.00 :
100.00%
$
10,000.00
$
10,000.00
$
2
: Traffic Control
$5,000.00
1.00
LS
$
5,000.00
1.00 :
100.00%
$
5,000.00
$
5,000.00
$
3
Sheeting, Shoring, and Bracing
$5,000.00
1.00
LS
$
5,000.00
1.00 :
100.00%
$
5,000.00
$
5,000.00
$
4
Construction Staking and Survey
$5,000.00
1.00
LS
$
5,000.00
1.00 :
100.00%
$
5,000.00
$
5,000.00
$
5
Site Investigation and Potholing
$3,000.00
1.00
LS
$
3,000.00
1.00
100.00%
$
3,000.00
$
3,000.00
$
6
Stormwater Pollution Prevention Plan
$6,000.00
1.00
LS
$
6,000.00
1.00
100.00%
$
6,000.00
$
6,000.00
$
7
Dewatering Operations
$1,000.00
1.00
LS
$
1,000.00
1.00
100.00%
$
1,000.00
$
1,000.00
$
8
Pothole
$3,000.00
3.00
EA
$
9,000.00
3.00
100.00%
$
9,000.00
$
9,000.00
$
9
GO -Inlet
$7,800.00
2.00
EA
$
15,600.00
2.00
100.00%
$
15,600.00
$
15,600.00
$
10
12" PVC Storm Drain PVC C900 by Open Trench
$250.00
76.00
LF
$
19,000.00
76.00
100.00%
$
19,000.00
$
19,000.00
$
11
Pavement Restoration
$100.00
380.00
SF
$
38,000.00
380.00
100.00%
$
38,000.00
$
38,000.00
$
12
Curb/Gutter
$350.00
47.00
LF
$
16,450.00
47.00
100.00%
$
16,450.00
$
16,450.00
$
13A
HDPE DR17 by Directional Drill
$500.00
180.00
LF
$
90,000.00
180.00 :
100.00%
$
90,000.00
$
90,000.00
$
14A
Landscape Restoration
$5,000.00
1.00
SF
$
5,000.00
1.00 :
100.00%
$
5,000.00
$
5,000.00
$
SUBTOTAL
$
228,050.00
$
228,050.00
$
228,050.00
$ -
PROJECT TOTAL
$
228,050.00
$
228,050.00
$
228,050.00
$
CHANGE ORDERS
CCO UNIT
CCO
UNIT
BID
QUANTITY :
%
AMOUNT
PREVIOUS
AMOUNT
#
DESCRIPTION
PRICE
QUANTITY
SIZE
AMOUNT
TO DATE
COMPLETE
TO DATE
PAID
THIS PMT.
CO1
Change Order 1, Additional work for drilling and cleanup
$41,466.94
1.00
EA
$41,466.94
1.00
100.00%
$
41,466.94
$
$
41,466.94
CO2
Change Order 2, Realignment of the SD pipe
$2,256.10
1.00
EA
$2,256.10
1.00
100.00%
$
2,256.10
$
$
2,256.10
CO3
Change Order 3
$0.00
1.00
EA
$0.00
1.00
100.00%
$
-
$
$
C04
Change Order 4, Additional CDF fill to mitigate soft soils
$10,291.65
1.00
EA
$10,291.65
1.00
100.00%
$
10,291.65
$
$
10,291.65
CHANGE ORDERS TOTAL
$54,014.69
$
54,014.69
$ -
$
54,014.69
DEDUCTIONS:
D1 .
PREPARED BY: Mahesh Yedluri
CHECKED BY:
APPROVED BY
CITY ENGINEER:
APPROVED BY
CONSULTANT:
HR
TOTAL DEDUCTIONS
DATE
SUBTOTAL * ********** * ******`******'****'***
$
282,064.69
$
228,050.00 $
LESS FIVE (5%) PERCENT RETENTION
... ,.... ........ ...... ... ,,... «..
$
(14,103.23)
$
(11,402.50) $
SUBTOTAL WITHOUT DEDUCTIONS
-----------------------------
$
:
267,961.46
-------------------------------
$
216,647.50 $
AMOUNT DUE FROM CONTRACTOR
. .....
$
-
$
- $
TOTAL THIS PERIOD ""*"'"" "*""""""'"
$
267,961.46
$
216,647.50 $
54,014.69
(2,700.73)
51, 313.96
51,313.96
Page 1 of 1
Project Location Map
EASTON DRIVE DRAINAGE IMPROVEMENTS, CITY PROJECT NO. 85610
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From:
STAFF REPORT
Honorable Mayor and City Council
November 2, 2020
AGENDA NO: 8h
MEETING DATE: November 2, 2020
Carol Augustine, Finance Director — (650) 558-7222
Subject: Adoption of a Resolution to Approve the 2020 Tourism Business
Improvement District Annual Report and to Give Notice of Intent to Levy
Assessments for 2021
RECOMMENDATION
Staff recommends that the City Council adopt a Resolution of Intent approving the 2020 Tourism
Business Improvement District Annual Report and establishing a public hearing date for the levying
of the 2021 annual assessments for the San Mateo County Tourism Business Improvement District.
BACKGROUND
The San Mateo County Tourism Business Improvement District was formed in 2001 and now has
12 participating cities throughout San Mateo County. Pursuant to the authority provided by the
California Streets and Highways Code (section 36500 et seq.), the District collects assessments
from the member hotel properties in the District and uses those annual assessments to fund its
successful and wide-ranging hotel -business promotional activities. At the end of each year, the
Advisory Board of the District files with the City an annual report stating the past year's activities
and accomplishments. In addition, the Advisory Board also recommends the assessment for the
coming year. Attached for the City Council's review and approval is the San Mateo County Tourism
District Advisory Board's annual report for 2020 and a listing of officials and members for 2021.
The list of proposed assessments for the 2020 calendar year is attached to the resolution of intent.
There will be no changes to the methodology in computing the amounts of the assessments for
2021, although the District's Board has approved different rates for each quarter of the year.
DISCUSSION
As indicated in its annual report for the calendar year 2020, the COVID-19 pandemic forced the
San Mateo County/Silicon Valley Convention and Visitors Bureau to pivot quickly from its regular
regional promotion and marketing efforts to activities focused on industry advocacy, education,
outreach and collaboration. In response to the very low occupancy rates experienced in the
District's hotels, fees for the year were lowered by 50 percent. As such, assessments for 2020
dropped from $2.4 million to approximately $1.2 million. Staffing levels at the Bureau were reduced
by 50 percent; other operating expenses also needed to be cut due to the severe decrease in
revenues.
1
Intent to Levy 2021 Assessments - SMC Tourism Business Improvement District November 2, 2020
In establishing rates for the upcoming year, the Board searched for a way to predict how the hotel
market may recover in 2021. Zone A properties are located in the Bayside area and are heavily
dependent on the ability to service groups. As group gatherings of any kind are discouraged in the
Governor's economic reopening plan, it is difficult to predict how the recovery will unfold for these
properties. The Board decided to stagger the anticipated occupancy factor, with an overall
assumption that occupancy will recover as 2021 rolls on. The large hotels in Zone A will actually
see a reduction in Q1 — with a gradual lift in Q2 thru Q4. Conversely, many hotels in Zone B,
(mostly Coastside) are already seeing a nice recovery. The occupancy factors in this zone reflect
a continuation of reduced 2020 rates for the first six months of 2021 and a further lift in the second
half of the year. As a result, 2021 assessments for hotels in the District are reduced in the range
of 25 to 49 percent of the assessments initially set for 2020. The Assessment Formula Chart for
2021 is shown as Exhibit B to the attached resolution.
Recently, at the request of the City of Palo Alto, Palo Alto hotels were withdrawn from the TBID
effective January 2021. Since their inclusion within the boundaries of the TBID in 2010, the TBID
assessments generated approximately $309,040 annually from Palo Alto hotels. As a result, the
San Mateo County/Silicon Valley CVB, will no longer provide visitor services and marketing for the
community of Palo Alto.
However, the CVB Board is confident that its greatly reduced revenue stream can be rebuilt on a
solid footing, providing the opportunity to re -hire positions that have been eliminated during the
pandemic -induced recession as budget permits, and introduce other program expenses as is
warranted. Total assessments for 2021, applying greatly reduced rates and excluding Palo Alto,
total $1,138,461 (Exhibit C to the attached resolution).
The City Council should adopt the Resolution of Intention 1) receiving and approving the 2020
Annual Report, and 2) scheduling a public hearing for Monday, December 7, 2020. At the hearing,
the City Council will determine if a majority protest has been made and, if not, will levy the 2021
assessments. Notices to the cities and members of the District will be provided by the City Clerk
and the District staff. The assessments requested by the District are consistent with the original
authority for assessments enacted in 2001 at the time of District formation as amended, although
this is the first time the assessment formula changes on a quarterly basis. Overall, the fees charged
have been significantly reduced from prior years due to the impact of the COVID-19 pandemic on
hotels throughout the district.
FISCAL IMPACT
Assessment revenues provide funding for operations and activities of the San Mateo County
Tourism Business Improvement District. The City's annual fee for the billing and collection activities
performed on behalf of the District (other than those activities pertaining to Burlingame hotels) is
$9,300. Other than the administrative fee revenue, there is no impact to the City's budget.
Exhibits:
• Resolution Approving 2020 Annual Report and Noticing Intent to Levy Assessments for 2021
• SMCVCB 2020 Annual Report
2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING AND ACCEPTING THE 2020 ANNUAL REPORT OF, AND
DECLARING ITS INTENTION TO LEVY THE ASSESSMENTS FOR, THE
SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT
WHEREAS, pursuant to California Streets and Highways Code Section 36500 et seq., the
San Mateo County Tourism Business Improvement District was established for the purpose of
promoting tourism in the District through promotion of scenic, recreational, cultural, hospitality, and
other attractions in the San Mateo County region: and
WHEREAS, the San Mateo County Tourism Business Improvement District Advisory Board
has filed its 2020 annual report and requested the Burlingame City Council to set the assessments for
the 2021 calendar year; and
WHEREAS, the San Mateo County Tourism Business Improvement District through the
City's agreement with the San Mateo County Convention and Visitors Bureau has established a basic
foundation to promote tourism in the District; and
WHEREAS, the enumerated programs proposed by the District for the coming year should
significantly assist the hospitality industry in its economic recovery from the 2020 pandemic -induced
recession throughout the geographical area of the District; and
WHEREAS, pursuant to California Streets and Highways Code sections 36533 and 36534, the
City Council shall receive and approve the District Advisory Board's annual report and shall adopt a
Resolution establishing assessments for the coming year;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES HEREBY RESOLVE, DETERMINE, AND FIND AS FOLLOWS:
1. The 2020 annual report of the San Mateo County Tourism Business Improvement District
Advisory Board filed with the City Clerk is received and approved.
2. The Burlingame City Council intends to levy an assessment for the 2021 year on hotels
in the District, as the District is described in Ordinance Nos. 1648, 1678, 1774, 1851 and 1859
for the purpose of funding programs and activities of the District.
3. The types of programs and activities proposed to be funded by the levy of assessments on
hotels in the District are set forth in Exhibit "A", incorporated herein by reference. These
programs and activities are without substantial change from those previously established for
the District.
4. The method and basis for levying the assessments on all hotels within the District are set
forth in Exhibit "B", incorporated herein by reference. The method and basis remain
unchanged from the previous year.
5. New hotels shall not be exempt from assessment.
6. A public hearing on the proposed assessments and programs for the year 2020 is hereby set
for December 7, 2020 at 7:00 p.m., before the City Council of the City of Burlingame. At the
public hearing, the City Council will receive testimony and evidence; and interested persons
may submit written comments before or at the public hearing, or they may be sent by mail or
delivered to the City Clerk, 501 Primrose Road, Burlingame, CA 94010.
7. Oral or written protests may be made at the hearing. To count in a majority protest against
the proposed assessment for the 2021 year, a protest must be in writing and submitted to the
City Clerk at or before the close of the public hearing on December 7, 2020. A written protest
may be withdrawn in writing at any time before the conclusion of that public hearing. Each
written protest shall identify the hotel and its address. If the person signing the protest is not
shown on the official records of the City of Burlingame as the owner of the hotel, then the
protest shall contain or be accompanied by written evidence that the person is the owner of the
hotel. Any written protest as to the regularity or sufficiency of the proceeding shall be in
writing and clearly state the irregularity or defect to which objection is made.
8. If at the conclusion of the public hearing, there are of record written protests by the owners
of hotels within the District which will pay fifty percent (50%) or more of the total assessments
of the entire District, as to the proposed assessments for the 2020 year, no assessment for the
2021 year shall occur. If at the conclusion of the public hearing there are of record written
protests by the owners of hotels within the District which will pay fifty percent (50%) or more
of the total assessments of the entire District only as to a program or activity proposed, then
that type of improvement or activity shall not be included in the District for the 2021 year.
9. Further information regarding the proposed assessments and procedures for filing a written
protest may be obtained from the City Clerk, City Hall, 501 Primrose Road, Burlingame,
California, phone 650-558-7203. The annual report of the San Mateo County Tourism
Business Improvement District is on file and available at the Office of the City Clerk at 501
Primrose, Burlingame, California.
10. The City Clerk is instructed to provide notice of the public hearing by publishing this
Resolution in a newspaper of General circulation in the City of Burlingame in accordance with
the requirements of the Government and Streets & Highways Codes and mailing in accordance
with those requirements and Ordinance No. 1648 and 1678.
Emily Beach, Mayor
I, Meaghan Hassel -Shearer, City clerk of the City of Burlingame do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the City Council on the 2nd day
of November, 2020, and was adopted thereafter by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
Meaghan Hassel -Shearer, City Clerk
EXHIBIT A
SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT
SAN MATEO COUNTY/SILICON VALLEY CONVENTION & VISITORS BUREAU
PLANNED ACTIVITIES FOR 2020
For the calendar year 2020, the Bureau plans to continue all of its normal activities,
including but not limited to:
* Develop more robust electronic marketing strategy across all platforms to
further extend the reach of the Bureau and Partners;
* Exhibiting in trade shows;
* Conducting individual familiarization (FAM) and site tours for planners;
* Conducting FAM tours for international travel agents from overseas;
* Conducting FAM tours for members of the food and travel media from around the U.S.;
* Conducting individual FAM tours for travel media;
* Using multiple social media channels to push out stories on the area;
* Conducting ad campaigns with Google to promote both our region and members we serve;
* Advertising in meeting planner publications;
* Advertising in leisure publications;
* Promoting the area to international and domestic media with regular releases of editorial;
* Creating multiple blogs every month to promote various aspects of the area;
* Creating updated visitor guides, electronic maps and specialty brochures, such as our
Dog Friendly Guide;
* Continue to assist film producers, helping them identify locations, secure permits
and hotel accommodations;
* Conduct sales outreach to recruit conferences, special events, tour and travel groups to the
area;
* Assist with the promotion of job fairs for area community college and adult school
students to help employers in the hospitality industry find team members;
* Continue promoting the "As Fresh as it Gets" farm -to -table program, connecting
restaurants with farmers and farmers with consumers at local farmers markets;
* Continue to work with BART to make ticket purchases via our website a more streamlined
experience, allowing guests to purchase tickets prior to arriving in the area.
EXHIBIT B
SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT
ASSESSMENT FORMULA CHART
CATEGORY
ZONE A - ASSESSMENT FOR YEAR
ZONE B - ASSESSMENT FOR YEAR
ZONE C - ASSESSMENT FOR YEAR 2020
Hotel with full
$360 per sleeping room x 69.5% X (District months
$360 per sleeping room X 55% X (District
$360 per sleeping room x 68% X (District months
service and more
in 2020)
months in 2020)
in 2020)
than 20 sleeping
rooms
12
12
12
Hotel with limited
$180 per sleeping room X 60% X (District months
$180 per sleeping room X 40% X (District
$180 per sleeping room X 60% X (District months
service and 1,000
in 2020)
months in 2020)
in 2020)
square feet or more of
12
12
12
meeting space and
more than 20 sleeping
Hotel with limited
$90 per sleeping room X 60% X (District months in
$90 per sleeping room X 40% X (District
$90 per sleeping room X 60% X (District months
service and some
2020)
months in 2020)
in 2020)
meeting space but
12
12
12
less than 1,000
square feet and more
than 20 sleeping
rooms
Hotel with standard
$54 per sleeping room X 60% X (District months in
$54 per sleeping room X 40% X (District
$54 per sleeping room X 60% X (District months
service and more
2020)
months in 2020)
in 2020)
than 20 sleeping
rooms
12
12
12
Hotel with full
$54 per sleeping room X 30% X (District months in
$54 per sleeping room X 25% X (District
$54 per sleeping room X 30% X (District months
service, limited
2020)
months in 2020)
in 2020)
service, or standard
12
12
12
service, and 20
sleeping rooms or
less
ZONE A - Includes all cities in the District except coastal cities and Palo Alto.
ZONE B - Includes Half Moon Bay, Pacifica and most additional
unincorporated areas. ZONE C - Palo Alto
EXHIBIT A
SAN MATEO COUNTY TOURISM BUSINESS IMPROVEMENT DISTRICT
SAN MATEO COUNTY/SILICON VALLEY CONVENTION & VISITORS BUREAU
PLANNED ACTIVITIES FOR 2021
The COVID crisis will continue to be a formidable obstacle as we execute our body of work for the
remainder of 2020 and 2021. As it relates to travel restrictions, it is widely believed that the first half of
2021 will more or less be a continuation of the second half of 2020 with an uptick in typical travel by
corporate, group, and individual travelers during the second half of 2021, assuming a COVID vaccine will
be widely available.
Q4 2020 + First Half of 2021
For these three quarters, we anticipate our target audience to be the "drive to" market, with appeal to
visitors within a 200-mile radius of our destination. During September 2020 we engaged Simpleview,
our web and electronic marketing agency, to refresh the look of the booking section of our website and
added a significant investment to our electronic marketing campaign. These efforts will be augmented
by extending our reach via social media by curating more original (organic) content and investing in
campaigns with Facebook, Instagram and YouTube to amplify our message. The speed and ultimate
progress we make will depend highly on the county's (and region's) economic reopening progress.
We remain optimistic that concurrent to this regional marketing initiative, the state's Blueprint for
Economic Recovery will allow our hotel and venue partners to service meetings for up to 50 people and
increase that upper limit to 200 people.
Second Half of 2021
Anticipate air passenger travel to increase as the year goes on. It is believed that society will continue to
learn how to operate more comfortably as time goes on in the COVID environment and achieve
ultimate confidence once a vaccine becomes available. As more corporate, group and leisure travelers
return to the air, the more our body of work will shift towards normal.
During the more restricted recovery phase, we will continue to focus on electronic marketing,
connecting with meeting planners and partners via Zoom and continue with advocacy work to help
guide the reopening.
As things open up, we will return to our focus of attracting group and international travelers. The
electronic marketing strategies heavily deployed during COVID times may be reduced as other market
segments rebound but will continue as part of the "new normal". As the market rebounds, our
strategies will include:
For the calendar year 2021, the Bureau plans to continue all of its normal activities, including but not
limited to:
* Continue to expand our electronic marketing strategy across all platforms to further extend
the reach of the Bureau and Partners.
* Engage with meeting planners via attendance in industry trade shows.
EXHIBIT A
Page 2
* Conduct sales outreach to recruit conferences, special events, tour and travel groups to the area.
* Conduct familiarization (FAM) site tours for planners; international travel agents from overseas; food
and travel media from around the U.S.; and film producers.
* Develop content across social media platforms to engage with potential visitors and continue
conversations with those who visited in the past.
* Advertise in meeting planner and leisure publications.
* Engage with international and domestic travel writers to keep our destination top of mind.
* Update visitor guides, electronic maps and specialty brochures, such as our Dog -Friendly Guide;
* Continue to assist film producers, helping them identify locations, provide information on permits, and
assist with hotel accommodations;
* Continue promoting the "As Fresh as it Gets" farm -to -table program, connecting restaurants with
farmers and farmers with consumers at local farmers' markets.
EXHIBIT B
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SAN MATEO COUNTY
SILICON VALLEY
The best of the
San Francisco Bay Area
October 15, 2020
Convention and Visitors Bureau
111 Anza Boulevard, Suite 410, Burlingame, CA 94010
650-348-7600 - 1-800-288-4748
Fax 650-348-7687
info@visitsmcsv.com - www.visitsmcsv.com
Dear Mayor Beach, Vice Mayor Keighran and Burlingame City Council:
None of us could have imagined the profound changes we would experience as 2019 wound down and we entered
2020. With the onset of the COVID pandemic, the San Mateo County/Silicon Valley Convention and Visitors Bureau
was forced to pivot quickly with decisive actions:
• TBID Fees — In April 2020, our Board moved swiftly to suspend hotel Tourism Business Improvement
District (TBID) assessments for Q2 and lower assessments by 50% for the remainder of 2020. The overall
affect was a 50% reduction in fees. Staffing levels were reduced by 50%, and overall expenses were
drastically reduced so the organization could adapt to the radically new revenue model.
• Advocacy — The COVID crisis pushed us to industry advocacy with our elected officials educating them on
the devastating effect the crisis inflicted on the travel and tourism industry. We conducted town hall
discussions and one-on-one updates with Senators Feinstein and Harris; Congressmembers Pelosi, Eshoo
and Speier; State Senator Hill, Assemblymember Berman, and Santa Clara County Supervisor Simitian. Our
efforts translated to several of our members securing PPP/EIDL funding and established a direct line of
communication with County Counsel's office to help our partners accurately interpret both San Mateo
County and Santa Clara County health orders. President and CEO John Hutar served on San Mateo
County's Economic Recovery Committee and has been invited on several occasions to update County and
Elected Officials on the status of the tourism industry. Monthly, City Managers are updated with the latest
hotel performance data and forward -looking market forecasts.
• Industry Education — The COVID crisis has forced us to pivot away from in -person educational seminars to
Zoom webinars. Topics have included Housekeeping and Sanitation Protocols; Economic Forecasts; and
How to Conduct Hybrid meetings. While the webinars began with a focus to benefit our TBID-paying
partners, our tent quickly expanded to include topics asked for by our meeting planner clients resulting in
a terrific forum for us to re -connect and stay in touch with our clients during the crisis.
• We are encouraged that our most recent health data has put our County on a path to allow the economy
to reopen. While the future is filled with much uncertainty, the general outlook is that the first six months
of 2021 will be similar to the bumpy path of the last six months of 2020; with the second half of 2021
showing gains with full recovery to pre-COVID levels happening in 2024-2025.
Our detailed accomplishments for the reporting period October 1, 2019 to September 30, 2020 are listed in the
attached Annual Report.
Sincerely,
John M. Hutar
President & CEO
0.111 Nil 101011111 Cl
_--r -i i l l l I I 1 1 1--t-__
SILICON VALLEY
Thu Lv5l of I6-
San Francisco Bay Area
Convention and Visitors Bureau
111 Anza Boulevard, Suite 410, Burlingame, CA 94010
650-348-7600 - 1-800-288-4748
Fax 650-348-7687
info@ visitsmcsv.com - www.visitsmcsv.com
San Mateo County/Silicon Valley Convention & Visitors Bureau Annual Report
for the Burlingame City Council as
Lead Agency for the San Mateo County Tourism Business Improvement District
October 15, 2020
Activities/Accomplishments from October 2019 through September 2020
Overall: In the last 12 months, the Bureau generated 253 meeting leads for San Mateo County and Palo Alto
properties. We booked a total of 15,345 definite room nights, as well as numerous banquets, with an economic impact
of $8,113,931. (International Market figures are only available on calendar year basis - January -December 2019.)
This total does NOT include individual corporate or leisure traveler nights generated through advertising and
promotion, groups rebooking directly with our hotels, or additional non -room local revenue generated by filming.
Accomplishments in Meeting Sales
• Escorted individual meeting planners on site visits to generate leads for/close group business. (Kublacon, M Ziegler
Events, Judicial Council of CA, Yin Hospitality, CUTERA Pharma, CHIA.)
• Participated in industry trade shows and events. (Senior Planner Industry Network Conference & Expo, MPI
Orange County and San Diego Annual Conference & Expo, Meetings & Incentives Annual 2019 Tradeshow,
American Express InterACTION, Connect Marketplace Pacific NW, California Society of Association Executives
Annual Seasonal Spectacular, Annual Holiday Showcase, Professional Conference Management Association
Convening Leaders, American Meetings, Inc. ENGAGE 2020, Connect Financial Marketplace, Destination CA -
Northstar Meeting)
• Held receptions for meeting planners. (Holiday Showcase Annual Dinner Event - Chicago, Meeting Planners
Reception at Topgolf — Maryland, Destination Reps Annual Golf Classis Awards Lunch — Milwaukee, Convention
Visitors Bureau Reps Holiday Event, Washington, DC.)
• Conducted sales missions in Dallas, Irving, Plano, Austin, San Diego, Orange County, Madison & Milwaukee, WI.
• Conducted meeting planner Familiarization (FAM) Tour for Pharmacyclics/AbbVie planners showcasing San Mateo
County and Palo Alto.
• Ongoing sales visits and calls to clients in key feeder markets - Bay Area, Greater Washington, DC area,
Sacramento, Chicago area and the Southern CA region.
• Conducted joint sales calls with hotel partner reps in Sacramento.
• Co -sponsored events with partners at CaISAE, MPINCC, MPI Sacramento/Sierra NV and NorCal PCMA.
• Continued our hot dates/hot rates notification program, sending last minute deals out to key meeting planners to
assist area properties with filling "need" dates.
• Conducted numerous targeted meeting planner outreach campaigns to all market segments.
• Co -sponsored client events with area satellite CVB reps in Chicago, Washington, DC, and Bay Area.
• Continued outreach to third party meeting planners and meeting management companies, including Smith
Bucklin, Global Cynergies, Experient, HelmsBriscoe, Conference Direct, Hospitality Performance Network,
American Express Meetings & Events, Smith Moore & Associates, Association Management Co., Senior Planners
Industry Network, American Meetings Network, Alliance of Independent Meeting Professionals, and AMG, as
well as to a number of independent third party planners.
2
• Participated as member of the California Society of Association Executives (CaISAE) committees, Meeting
Planners International Northern California (MPINCC) and MPI Sacramento/Sierra Nevada committees,
International Association of Exhibitions & Events and Association of Meeting Professionals (a MD, DC, VA
organization) allowing access to planners.
• Continued outreach throughout the U.S., building relationships with association, corporate, third -party and
SMERF meeting planners and sports event organizers.
• Remained actively involved in local (San Francisco, Sacramento/Sierra Nevada, Chicago/Greater Midwest,
and Washington, DC) industry group chapters of Meetings Professional International, Professional
Convention Management Association, Society of Government Meeting Planners, California Society of
Association Executives, American Society Association Executives, and CaISAE Bay Area region.
• Advertised in publications directed at meeting planners, including: North Star and Meeting Professional Int'l
Northern CA Chapter Membership Directory.
• Preferred CVB partnership program with key third party meeting planning companies such as HelmsBriscoe,
Conference Direct, Global Cynergies, American Meetings, Inc. and Alliance of Independent Meeting
Professionals to gain access to meeting planners.
• Joined Cvent's Preferred Destination Marketing Program to get in front of planners directly that source on
this platform.
• Since COVID-19, we continued to proactively work closely with hotel partners and clients to help facilitate
with meetings that have been canceled or postponed. We proactively prospected government agencies,
such as the General Services Administration (GSA), National Guard and Healthcare companies, for business
to the area and conducted outreach efforts with a formulated plan to communicate the impact of COVID-19
and next steps to our customers.
Accomplishments in Leisure and International Promotion
• Attended and conducted one-on-one business appointments at the Go West Summit.
• Participated in Sales Missions in Asia and Los Angeles, and met with tour operators, meeting incentive
travel buyers, Visit California market reps and travel journalists.
• Co -hosted a luncheon presenting to over 40 receptive tour operators in China market (Los Angeles).
• Conducted individual hotel site visits for top producing receptive tour operator, the largest global "hotel
bank".
• Networked with Visit California's overseas offices in Australia/New Zealand, Brazil, China, France, Germany,
India, Japan, Mexico, Scandinavia, South Korea and the UK at Visit California Forum.
Accomplishments in Marketing Efforts
• Website users increased +31.68% (152,377 users), with unique visitor visits up +31.60%.
• Website sessions increased +27.05%.
• Page views increased +17.98%.
• Drove increased web traffic from the United States, Canada, India, United Kingdom, Philippines, France and
Germany.
• Prospective visitors are taking advantage of our website in all platforms available with desktop users up by
+39.87%, mobile users up by +20.04% and tablet users by +87.15%.
• Placed ads aimed at individual/leisure travelers in the Official California Visitor Guide, National Geographic
Traveler+ Hot Spot Travel Email Blasts (October/November), and Facebook.
• Started the year continuing our Google AdWords campaigns; however, all advertising efforts were paused
in March -June due to COVID-19. We continued to fund our Google AdWords account so that we will have
banked funds to support our upcoming visitor campaign.
• Started the year running the year -long banner ad campaign with Google; however, this was also paused in
March -June due to COVID-19. We continued to fund our banner ad campaign account so that we will have
banked funds to support our upcoming visitor campaign.
3
• Continued to distribute hard copies and digital copies of official Visitor Guides with map insert; Coastal
Visitors' Guides, and Pet -Friendly Guides. Our collateral is on display at Stanford University, Palo Alto
Chamber of Commerce, Hiller Aviation Museum, California Welcome Center @ PIER 39, SF Travel Welcome
Center, and SFO, OAK and SJO airports.
• Sent monthly e-newsletter to thousands of prospective visitors in our database, listing special events
and special rates to encourage visits.
• Continued to market our area as a top culinary destination with the "As Fresh as it Gets" program. Built
upon partnerships with San Mateo County Farm Bureau, San Mateo County Agriculture Commission
and San Mateo County Harbor District to encourage restaurants, hotels and caterers to buy and serve
the freshest local produce, seafood, wine, beer and dairy products. We will be holding a virtual "As Fresh as
it Gets" awards ceremony in November 2020.
• Continued to field visitor info requests generated by our website and ad in California Visitor Guide.
• Continued to update online partner listings on website with current photos and content.
• Continued updating CRM system, website and social media, allowing more exposure for area businesses.
Film Commission Efforts
• Successfully recruited indie/short films and commercials, plus advertising and video productions.
• Worked on web and TV commercials that included Facebook, the National Football League, and Tesla.
• Received film requests from TV shows on the History Channel and A&E.
• Received film requests and provided permitting information and contacts for shoots at multiple San Mateo
County parks.
• Assisted with multiple student films and documentaries.
• Provided ongoing shot lists for proposed film projects, matching them with available San Mateo
County/Silicon Valley locations and sending appropriate images.
• Handled average of 2-3 (down from 10-15 pre-COVID) requests per week for filming/permitting
assistance, providing guidance to producers on how to access venues to film, and secure necessary permits.
• Participated in film industry events such as FLICS (Film Liaisons of California).
• Showcased our area in the Location magazine and The Reel Directory, both industry publications distributed
to film industry professionals.
Recao of Media Outreach
• There were 33 media mentions due to our outreach efforts.
• Attended TravMedia's International Media Marketplace (IMM) 2020 in New York, sponsored by Visit
California.
• Attended Visit California Outlook Forum in February 2020.
• Followed up on requests from travel writers for information for specific stories.
• Worked closely with the Visit California team, responding to all publicity leads that came in to the state
and keep them updated on current status of our destination.
• Maintained our media database, sending editorial ideas to travel editors as requested.
• Continued promotion of the area on daily basis via interactive social media.
• Maintained social media channels for the CVB: Facebook, Instagram, Twitter, YouTube and Linkedln.
• During COVID-19, began to host Instagram LIVES in effort to help promote partners in need of additional
exposure. Click here to watch past episodes.
• Also began to host a new "Reopened & Ready" Facebook LIVE series, where CEO John Hutar would
interview recently reopened partner businesses. Click here to watch past episodes.
• Maintained the San Mateo County/Silicon Valley website, creating new pages and campaigns to increase
visits and engagement.
• During COVID-19, shifted marketing efforts on website to reflect relevant content in regards to the
pandemic. This includes blog content, hotel offers, filters added for take-out/delivery, new landing pages,
newsletters and more.
In
• During COVID-19, created and launched a special marketing campaign, "Reopened & Ready" to unify our
destination with one clear message as we move through the phases of reopening. All local businesses are
encouraged to take the pledge, committing to keep visitors healthy and safe. Click here to learn more about
our "Reopened & Ready" campaign.
• Created and maintained new landing page on website dedicated to up-to-date COVID-19 business
resources that included sanitation protocols, county status, reopening information and more.
• Created and maintained new landing page on website dedicated to up-to-date COVID-19 visitor
information and resources.
• Created and maintained new landing page on website dedicated to up-to-date county wildfire
information and resources that included special hotel rates for evacuees, among other things.
• Wrote and published numerous blogs on different aspects of the area, highlighting hotels, restaurants,
attractions, activities and more.
• Enhanced and maintained calendar of events.
• Maintained our CRM and assisted partners with Partner Portal questions.
Virtual Bureau Events
During COVID-19, shifted gears towards hosting virtual events bringing relevant travel industry and
educational content to stay engaged with the community and partners during the pandemic. Click here to go
to our YouTube channel.
• April 29, Introduction to California Consumer Privacy Act
• May 21, What Will Travel Look Like When The Economy Opens Up?
• May 27, Reduce Stress Levels During this Pandemic for You & Your Employees
• June 4, What Does Air Travel Look Like During Recovery?
• June 16, Partner Portal Training: Getting Ready for Reopening
• June 22, Reopened & Ready Pledge Marketing Tool Kit Introduction
• June 24, Tourism & Cannabis with Juva Delivery
• July 8 & 10, Palo Alto Update
• July 15, Leveraging Your Social Media During Reopening
• July 29, Is Your Public Relations Crisis Plan Ready?
• August 3, Project Home Key with San Mateo County Officials
• August 4, Discussion with Congresswoman Anna Eshoo
• August 5, Meeting & Event Outlook and Beyond
• August 13, Discussion with Santa Clara Supervisor Joe Simitian
• September 16, Events Reimagined
Community Participation
• Attended the Portola/Ohlone Heritage Day event in Pacifica on October 2.
• Attended the 33rd ATHENA & Silicon Valley Women of Wisdom Awards Luncheon on November 7.
• Attended the unveiling of the new Harvey Milk Terminal 1 at SFO International Airport on November 13.
• Attended "State of the City Half Moon Bay" on December 18.
• Attended "State of the City Burlingame Luncheon" on January 10.
• Attended the "Success Summit" at Skyline College on January 17.
• Attended Pacifica Chamber Awards Dinner on February 27.
• CEO completed Leadership Palo Alto and Leadership San Mateo programs.
• On April 29, announced the formation of a working sanitation committee in order to establish and
implement sanitation best practices during the pandemic. The task force committee was made up of 26
members, representing establishments in the hotel, restaurant, retail, museum, and attraction sectors.
Additional Outreach
• Continued to work closely with the team at SFO, welcoming new airlines to our area.
• Continued to build relationships with the Cow Palace, San Mateo County Event Center, South San
Francisco Conference Center, and Seaport Conference Center, working to bring leads to their sales teams
and assist in closing business.
• Worked with SFO, BART and Caltrain to promote our area as easily accessible.
• Continued outreach to chambers and cities in our counties we serve in order to include key area events in
our events calendars and to maximize our searches for filming venues.
San Mateo County/Silicon Valley Convention & Visitors Bureau
Officers and Board Members for 2021
Board Officers for 2021
Chair: Mike McKee, Doubletree SFO, Burlingame
Immediate Past Chair: Mitch Postel, San Mateo County Historical Association
Secretary: Bill Dixon, Hotel Focus SFO, South San Francisco
Treasurer: Fettah Aydin, Embassy Suites SFO Waterfront, Burlingame
Vice Chair: Nick Dell'Ergo, Residence Inn, San Carlos
Vice Chair: Lisa Kershner, SFO Marriott Waterfront, Burlingame
Vice Chair: Trevor Bridge, Costanoa Resort, Unincorporated County
Vice Chair: Jeff Bass, Hiller Aviation Museum, Tourism -Related
2021-2022-2023 Term
Fettah Aydin, Embassy Suites SFO Waterfront, Burlingame
Jeff Bass, Hiller Aviation Museum, Tourism -Related
Luis Leon, Holiday Inn & Suites, San Mateo
Lisa Kershner, SFO Marriott Waterfront, Burlingame
Kevin Kretsch, Hyatt Regency SFO, Burlingame
Christine Kupczak, Hillsdale Shopping Center, Tourism -Related
Daisy Li, Moonstar Buffet, Tourism -Related / other restaurant owner/manager
Henning Nopper, Grand Hyatt at SFO, Tourism -Related
Mitch Postel, San Mateo County Historical Association, Tourism -Related
Richard Uribe, Pullman SF Bay, Redwood City
2020-2021-2022 Term
Nick Dell'Ergo, Residence Inn, San Carlos
Reggie Kumar, AC Hotel SFO, South San Francisco
Linda Larson, The Shops at Tanforan, Tourism -Related
Barry Ongerth, The Dylan Hotel at SFO, Millbrae
Ricardo Ramirez, The Westin S.F Airport, Millbrae
Florian Riedel, Four Seasons Hotel Silicon Valley, East Palo Alto
Andrew Roseman, Holiday Inn Express & Suites, Pacifica
Yakub Yakubi, Courtyard by Marriott, Foster City
2019-2020-2021 Term
Jon Ballesteros, SFO, Tourism -Related
Trevor Bridge, Costanoa Resort, Unincorporated County
Dana Dahl, Beach House Hotel, Half Moon Bay
Bill Dixon, Hotel Focus SFO, South San Francisco
Rhodora Escobar, Homewood Suites, Brisbane
Daniel Herbst, Enterprise Rent -a -Car, Tourism -Related
Christopher Holbrook, San Mateo Marriott
Mike McKee, Doubletree SFO, Burlingame
Jonathan Powers, Courtyard SF Airport, Tourism -Related
BUR— IN�AAGENDA NO:
STAFF REPORT
MEETING DATE: November 2, 2020
To: Honorable Mayor and City Council
Date: November 2, 2020
From: Lisa K. Goldman, City Manager — (650) 558-7243
Sonya Morrison, Human Resources Director — (650) 558-7206
Subject: Appointment of Scott Spansail as Interim City Attorney
RECOMMENDATION
Staff recommends that the City Council appoint Scott Spansail as Interim City Attorney effective
November 7, 2020.
BACKGROUND AND DISCUSSION
City Attorney Kathleen Kane is leaving the City of Burlingame effective November 6, 2020 afterjust
over seven and one-half years of dedicated City service. The City is now conducting a recruitment
for Ms. Kane's replacement, but that recruitment is expected to take several months.
To provide for a seamless transition, the City Council wishes to appoint Assistant City Attorney
Scott Spansail as Interim City Attorney. Mr. Spansail began his service with the City of Burlingame
in December 2019. In order to compensate Mr. Spansail for the added responsibilities associated
with the Interim City Attorney position, his salary will be raised from Step B to Step E on the
Assistant City Attorney range while he is serving in the Interim City Attorney position.
FISCAL IMPACT
There are sufficient funds available in the City Attorney's Office budget to provide Mr. Spansail with
the temporary salary increase.
Exhibits:
None.
rL1 AGENDA ITEM NO: 9a
BiFRLINGAME STAFF REPORT
MEETING DATE: November 2, 2020
To: Honorable Mayor and City Council
Date: November 2, 2020
From: Kevin Gardiner, Community Development Director — (650) 558-7253
Kathleen Kane, City Attorney — (650) 558-7263
Scott Spansail, Assistant City Attorney — (650) 558-7204
Subject Public Hearing to Consider Introduction of a Short -Term Rental Ordinance,
Adding Chapter 6.56 to Title 6 of the Burlingame Municipal Code and
Amendinq Chapter 4.09 Uniform Transient Occupancv Tax
RECOMMENDATION
Staff recommends that the Ciyt Council hold a public hearing to consider introduction of a Short -
Term Rental Ordinance, adding Chapter 6.56 to Title 6 of the Burlingame Municipal Code and
amending Chapter 4.09 Uniform Transient Occupancy Tax. In order to do so, the City Council
should:
1. Receive the staff report and ask any questions of staff.
2. Request the City Clerk to read the title of the proposed ordinance.
3. By motion, waive further reading and introduce the proposed ordinance.
4. Conduct a public hearing on the proposed ordinance.
5. Following closure of the public hearing, discuss the proposed ordinance and provide any
direction to staff; if no changes are requested, direct staff to bring it back for adoption and
ask the City Clerk to publish a summary of the ordinance at least five days before proposed
adoption.
If Council so directs, the ordinance along with a resolution addressing compliance with the
California Environmental Quality Act (CEQA) will be presented for adoption at the November 16,
2020 meeting.
BACKGROUND
Overview: Residential short-term rentals are defined as dwelling units that are rented for periods
lasting fewer than 30 days. Common examples include renting a room, house, or an apartment
for a week or weekend for a short stay or for several weeks. Short-term rentals are most
commonly offered and rented through online hosting platforms such as Airbnb, VRBO,
Hostmaker, Sonder, Vacasa, and HomeAway.
Current Burlingame Short-term Rental Regulations: The City's existing transient occupancy
tax (TOT) applies to short term rentals when they meet the municipal code's definition of "hotel,"
which is as follows:
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Residential Short -Term Rentals
November 2, 2020
"Hotel" means any structure, or any portion of any structure, which is occupied or intended
or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and
includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging -
house, rooming -house, apartment house, dormitory, public or private club, mobile home
or house trailer at a fixed location, or other similar structure or portion thereof.
Therefore, a residential unit or portion thereof which is "occupied ... by transients for dwelling,
lodging or sleeping purposes" is required to collect TOT on behalf of the City, but the City does
not currently have a program for monitoring collection of TOT from short-term rentals.
Operators running short-term rentals are also required to secure a business license. Currently,
there are seven registered short-term rentals in Burlingame, but the City does not have access to
data regarding how many nights per year they are rented out, or whether owners are on the
premises during such rentals. From reviewing online advertisements for short-term rentals (which
do not provide addresses), it appears as though fewer than ten percent of short-term rentals are
operating with a business license. However, it can be difficult to ascertain whether the rentals
listed are in frequent or occasional use.
Complaints and Code Enforcement: The City has received complaints for fewer than 10 short-
term rental locations in the last three years. The majority of these were related to the existence of
a short-term rental in a nearby residence. The relevant property owners were referred to the
Finance Department and secured business licenses. One complaint related to overflowing
garbage bins. One location has generated several different complaints by neighbors, including
renters coming and going at various times, ride share drivers blocking the street for drop off and
pickup, the owner not being on site, and construction without permits.
Key Definitions: The following terms will be used in this report and are common in short term
regulations:
• Host: The owner or long-term lease holder of a residence, who offers a dwelling unit, or
portion thereof, for short-term rental.
• Hosted Rental: Any short-term rental where the host is present on the premises,
particularly during the nighttime hours.
• Un-hosted Rental: Any short-term rental where a host is not present.
City Council Study Session and Discussion Summary: The Council held a study session in
December 2019 and received a staff report in July 2020 to provide feedback to staff and inform
development of a short-term rental ordinance (staff reports and meeting minutes attached).
Overall, Council provided direction to permit short-term rentals while balancing private property
rights with the protection of quality of life in residential neighborhoods. Minutes from the meetings
are attached to this report, and Council reached consensus on the regulations described below:
• Primary Residency: Councilmembers expressed support for a requirement for primary
residency for short-term rentals, meaning that the homeowner or long-term renter must
provide evidence that they live at the unit a majority of the year.
• Local Contact: Councilmembers expressed support for requiring a local contact person
who would be responsible for responding to complaints related to un-hosted rentals.
• Concurrent Listing Limitations: Councilmembers agreed that limiting concurrent listings
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Residential Short -Term Rentals
November 2, 2020
could help to resolve quality of life issues in residential neighborhoods.
• Un-hosted Rental Limitation: Councilmembers supported limiting the number of days
annually that a short-term rental could be rented out as an un-hosted rental.
• TOT Collection: Councilmembers agreed that TOT should be collected to ensure that
hotels and short-term rentals are treated equitably.
Councilmembers also expressed interest in a) limiting total occupants per bedroom in rentals and
b) imposing a two -night minimum stay requirement. Regarding occupancy limitations, staff
recommends that occupancy be regulated through the health and safety code and concurrent
listing limitations, as described below. Regarding minimum night -stay requirements, staff noted
at the time that hosting platforms often have strong opposition to minimum night -stay
requirements and has since confirmed with Airbnb that the platform would not support such a
regulation, which could jeopardize a potential TOT collection agreement.
DISCUSSION
Considering the Council's comments from the December 2, 2019 study session and the July 6,
2020 meeting, staff has drafted the following policy objectives for consideration:
1. Allow limited short-term rental uses while preventing the loss of housing stock.
2. Preserve the residential character and establish operating standards to reduce potential
noise, parking, traffic, property maintenance and safety impacts on adjacent neighbors.
3. Require a short-term rental permit and business license so the City can track and enforce
these requirements as needed and ensure an appropriate collection of transient
occupancy taxes (TOT).
To accomplish these policy objectives, the short-term rental ordinance includes the following
regulations:
Housing Stock Related Regulations:
Primary Residency: Applications would only be approved for short-term rentals where the
applicant can provide proof of primary residence (Section 6.56.040(a)(3)), which would
demonstrate that the homeowner or long-term renter lives in the unit a majority of the year and
can provide evidence. This restriction would prevent people from buying apartments and single-
family homes to be used exclusively as short-term rentals.
Limited Un-hosted Rental Days: Un-hosted short-term rental days would be limited to 120 days
per year (Section 6.56.040(c)). As noted above, an un-hosted rental is when the host (primary
resident) is not present. There would be no limit on hosted rentals since the primary resident is
onsite. Similar to the primary residency requirement, this restriction would discourage people from
using units exclusively as short-term rentals.
Neighborhood Character Related Regulations:
Prohibition of Special Events: The draft ordinance prohibits special events such as weddings,
parties, and commercial functions (Section 6.56.040(h)). Airbnb and specific hosts also restrict
special events.
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Residential Short -Term Rentals November 2, 2020
Limiting Number of Concurrent Listings: The draft ordinance also limits the number of
concurrent listings to one listing for the same primary residence on the same days (Section
6.56.040(b)). This regulation would prevent a "hacker house" scenario, where short-term rental
bunk beds are listed and rented daily.
Onsite Parking: The draft ordinance requires that any onsite parking, including garage and
driveway, is made available to short-term renters (Section 6.56.040(e)). The requirement would
minimize neighborhood parking conflicts. Hosts, who better understand parking in their
neighborhoods, would park on the street or leave the premises to ensure onsite parking is
available for short-term renters.
Authorized Agent Requirement (Local Contact Person): The draft ordinance requires that an
authorized agent is made available 24 hours per day, 7 days per week during the term of any un-
hosted stay. The authorized agent must be identified on the Short-term Rental Application, and
the agent must respond to telephone and email messages within 30 minutes and must be on site
within one hour of notification of complaints regarding condition or operation or the dwelling unit
or the conduct of guests and take remedial action to resolve such complaints (Section
6.56.040(d)).
Noise and Refuse and Recycling Requirements. The draft ordinance requires that short-term
rentals comply with the City's Noise Ordinance as well as meet standards regarding refuse and
recycling for the short-term rental.
TOT Collection, Registration, and Enforcement:
Transient Occupancy Tax (TOT) Collection: The draft ordinance requires that transient
occupancy taxes be collected for short-term rentals and paid to the City with additional clarifying
amendments made to Title 4, Chapter 4.09 of the City of Burlingame Municipal Code to explicitly
expand the scope of that chapter to include short-term rentals. The draft ordinance also allows
for the City to enter into voluntary collection agreements with hosting platforms. Staff has
conducted outreach to Airbnb and other hosting platforms to assess their ability to enter into
voluntary collection agreements. Airbnb has indicated that the company would be open to entering
into a voluntary collection agreement with the City. The City will follow up with other hosting
platforms to ensure they comply with Municipal Code requirements as well.
Registration: The draft ordinance would require hosts to register their primary residence as a
short-term rental with the City and obtain a business license prior to advertising or making the
primary residence available for renting. Application requirements are set forth, and a fee would
be set for the application by City Council Resolution, which will be available for review at the
adoption of the ordinance. Annual renewal would also be required, which would include proof of
payment of TOT. Application and renewal fees from other jurisdictions are shown in Table 1
below.
Table 1: Short-term Rental Application Fees
Initial Application Fee
Annual Renewal Fee
Millbrae
$251
$100
Redwood City
$218
--
M
Residential Short -Term Rentals November 2, 2020
San Bruno
$500
$250
Santa Cruz
$283
--
Santa Monica
$100
$50
Enforcement: Staff has developed grounds and processes for revocation of registration (Chapter
6.56.070) and has also set forth waiting periods during which a host whose registration has been
revoked cannot reapply for registration, which vary from six months to two years depending on
the severity of the violation.
Program Administration: Staff will consider various program administration options to
implement the Short Term Residential Rental Ordinance after City Council adoption. Staff will also
consider contracting with consulting firms that track the locations of short-term rentals to ensure
they are consistent with the registered unit. This may include the following options:
• As mentioned above, staff will consider entering into a voluntary collection agreement with
hosting platforms to collect and remit TOT to the City for operators listing their short-term
rental on the platform;
• Staff may consider entering into a contract with a consulting firm to identify and conduct
outreach to existing short-term rentals to require the submittal of the short-term rental
permit as well as annual renewal; and
• Staff may consider entering into a contract with a consulting firm to collect TOT from short-
term -rental operators.
The costs of program administration staffing and consulting firms will be offset by registration fees
and TOT collection.
Next Steps: After the introduction of the ordinance, if the City Council so directs, the ordinance
along with a resolution addressing compliance with the California Environmental Quality Act
(CEQA) will be presented for a second reading and adoption at the November 16, 2020 City
Council meeting. The ordinance will go into effect 30 days after adoption.
Short-term rentals operating on or before the enactment of the ordinance would be considered
existing, unpermitted uses. The ordinance would provide an amnesty period of one year after the
effective date to allow these existing, unpermitted uses to be legalized by conforming to the
requirements of the ordinance. However TOT payments will continue to be required at all times,
as of the effective date of the ordinance, and would be required to be collected and paid for the
full duration of the amnesty period.
Environmental Review: The proposed ordinance qualifies for an exemption from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the
California Code of Regulations, Section 15061(b)(3) and 15378 (b)(5), because the ordinance is
not a project that has the potential for causing a significant effect on the environment.
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Residential Short -Term Rentals
November 2, 2020
FISCAL IMPACT
The current number of short-term rental listings is roughly equivalent to the size of one of the
business -class hotels in Burlingame such as the Bay Landing Hotel (130 rooms) or Hilton Garden
Inn (132 rooms). Should the City enact a program to collect transient occupancy tax (TOT) from
short-term rentals, the additional revenue could be comparable to that of a medium-sized hotel,
or approximately $600,000-700,000. However, the total amount collected may be significantly
less than this depending on occupancy rates and average nightly revenue associated with the
short-term rentals. A fee would also be collected for the newly established short-term rental
registration to offset costs associated with administration of the short-term rental permit.
Exhibits:
• Draft Ordinance
• Proposed CEQA Resolution
• July 6, 2020 City Council Meeting Minutes
• July 6, 2020 City Council Staff Report and Attachments including:
• December 2, 2019 City Council Study Session Minutes
• December 2, 2019 City Council Study Session Staff Report
rol
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, ADDING
CHAPTER 6.56 TO TITLE 6 OF THE BURLINGAME MUNICIPAL CODE REGARDING
REGULATIONS RELATING TO SHORT-TERM RENTALS
The City Council of the City of Burlingame ordains as follows:
Division 1. Factual Background
WHEREAS, the proposed amendments to the Burlingame Municipal Code (the
"Ordinance Amendment") would add Chapter 6.56 to Title 6 of the City of Burlingame
Municipal Code in order to codify short-term rentals as an incidental use to specified
residential uses and to establish rules and standards for such incidental use; and
WHEREAS, this proposed Ordinance Amendment has been reviewed with
respect to applicability of the California Environmental Quality Act ("CEQA") and the State
CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.).
Passage of the Ordinance Amendment is not considered a project under Section 15378
as the activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment. Alternatively, the Ordinance Amendment is exempt from
CEQA as it can be seen with certainty that there is no possibility for causing a
significant effect on the environment (Section 15061(b)(3)) as described in the staff report.
Pursuant to CEQA Guidelines Section 15091(e), the documents and other materialsthat
constitute the record of proceedings upon which the City Council has based its decision
are located in and may be obtained from the Office of the City Clerk at 501 Primrose
Road, Burlingame, CA 94010. The City Clerk is the custodian of records for all matters
before the City.
WHEREAS, said matters were heard by the City Council of the City of Burlingame
on November 2, 2020, at which time it reviewed and considered the staff report and all
other written materials and testimony presented at said hearing.
WHEREAS, at its regular meeting of November 2, 2020, the Burlingame City
Council introduced an ordinance amending Title 6 of the Burlingame Municipal Code to
regulate short-term rentals.
Division 2. The following code sections are amended, repealed or deleted as follows with
underlining indicating new text and strikeouts (strut) indicating deleted text.
Section 1: Chapter 6.56 Short -Term Rentals, is added as follows:
Chapter 6.56 Short -Term Rentals
6.56.010 Purpose.
The purpose of this chapter is to:
(a) Allow limited short-term rental uses while preventing the loss of housing stock;
(b) Preserve residential character and establish operating standards to reduce potential
noise, parking, traffic, property maintenance and safety impacts on adjacent
neighbors; and
(c) Provide a registration process for the City to track and enforce these requirements as
needed and ensure appropriate collection of transient occupancy taxes.
6.56.020 Definitions.
For purposes of this section, the following definitions shall apply:
(a) "Adjacent properties" means the dwelling units located next to and immediately
across the street from the dwelling unit in which the short-term rental is located.
(b) "Authorized agent" means the person specifically authorized by a host of an un-
hosted short-term rental to represent and act on behalf of the host and to act as an
operator, manager and contact person of an un-hosted short-term rental, and to
provide and receive any notices identified in this chapter on behalf of the host. The
authority to operate and manage the short-term residential rental unit must include
the authority to enter the unit at any time while rented for the purposes of verifying
compliance with applicable laws. The authorized agent may include the host, or
persons other than the host.
(c) "Host" means any person who is the owner of record of residential real property or
any person who is a lessee of residential real property pursuant to a written agreement
for the lease of such real property, who offers a dwelling unit, or portion thereof, for
short-term rental either through a hosting platform or individually as an operator. The
host is the person to whom a short-term residential rental permit is issued pursuant to
this section.
(d) "Hosted short-term rental" means a short-term residential rental at which the host is
present while it is being rented. A host is considered present when they are on the
premises at all times between the hours of 10:00 p.m. and 6:00 a.m.
(e) "Hosting platform" means a means through which a host may offer a dwelling unit, or
portion thereof, for short-term rental. A hosting platform includes, but is not limited to,
an internet-based platform that allows a host to advertise and potentially arrange for
temporary occupation of the dwelling unit, or portion thereof, through a publicly
searchable website, whether the short-term renter pays rent directly to the host or to
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the hosting platform.
(f) "Listing" means the advertisement and agreement to rent a primary residence or
aortion of a orimary residence to a short-term renter for desianated dates. A sinale
listing may not include multiple rental agreements with more than one individual
renter, though multiple people may be included in an individual renter's party.
(g) "Primary residence" means a dwelling unit where a person has been physically
present and that the person regards as home. A person may only have one primary
residence at any given time. Evidence of a Person's primary residence includes, but is
not limited to, documentation from income tax statements or a driver's license. If a
Property has multiple dwelling units, each dwelling unit shall be considered a
separate residence subject to the primary residence requirement.
(h) "Short-term rental" means the use or possession of or the right to use or possess any
room or rooms, or portions thereof in any dwelling unit for residing, sleeping or
lodging purposes for less than thirty (30) consecutive calendar days, counting portions
of days as full calendar dam
(i) "Short-term renter" means a person who exercises occupancy or is entitled to
occupancy by reason of concession, permit, right of access, license or other
agreement for a period of less than thirty (30) consecutive calendar days, counting
portions of calendar days as full calendar days.
Q) "Un-hosted short-term rental" means a short-term residential rental that is not hosted.
6.56.030 Permitted Use.
Short-term rental uses shall be permitted in any primary residence subject to the
requirements of this section, including compliance with the operating standards,
registration, transient occupancy tax payments, and recordkeeping obligations. Short-
term rentals are not permitted in Accessory Dwelling Units, as described in Chapter 25.59
of the Burlingame Municipal Code. Except as provided for in this section, all other short-
term rental uses shall be prohibited.
6.56.040 Registration and Annual Renewal.
(a) Application. Prior to advertising or making available the primary residence for
renting, hosts shall register their primary residence as a short-term rental with the
City. This registration shall be submitted on a form prepared by the City and shall
include:
(1) the name and contact information of the host,
(2) the address of the primary residence being used for short-term rental,
(3) the number of off-street parking spaces on site
(4) proof of ownership of the proposed short-term residential rental unit, or proof of
the property owner's consent to the property's use as a short-term residential
rental,
(5) documentation that establishes the proposed short-term residential rental unit is
the applicant's primary residence,
(6) the contact information for the authorized agent,
(7) an acknowledgement of compliance with the requirements of the City's Zoning
Ordinance, Municipal Codes, and applicable health and safety standards,
(8) a City of Burlingame business license for the short-term residential operation; and
(9) other information as requested.
(b) Fee. The registration form shall be accompanied by a filing fee in an amount
established by resolution of the Citv Council and undated from time to time.
(c) Application Completeness. The submitted information shall be used to determine
whether to register the short-term rental. The host will be notified if an application is
incomplete. If the host fails to submit the required information or fees necessary to
complete the application within one year, the application shall expire and be deemed
withdrawn.
(d) Decision. The Community Development Director or his/her designee shall be
responsible for acting on short-term rental registration applications. After an
application is deemed complete, registration shall be approved where:
(1) The host demonstrates the ability to meet the requirements of this chapter,
(2) The subject primary residence is not the subject of an active code compliance
order or administrative citation from the City in the past twelve (12) months, and
(3) A short-term rental registration for the primary residence has not been denied or
revoked in the prior twenty-four (24)-month period.
(e) Denial. The Community Development Director or his/her designee may deny a short-
term rental registration application when the application does not meet the criteria
listed in subsection (d) above.
(f) Validity. An approved registration shall be valid and payable on a fiscal year basis.
An approved reaistration shall be personal to the host and shall automaticallv expire
upon sale or transfer of the dwelling unit. No registration may be assigned,
transferred. or loaned to anv other person.
(g) Annual Renewal. A registration shall be renewed annually upon payment of
registration renewal fees and all required transient occupancy tax remittance
associated with the short-term rental. The host shall submit such information
concerning the short-term rental activity as may be required to enable the tax
collector to verify the amount of tax paid. Failure to renew prior to the expiration date
will result in expiration of the registration.
(h) Requirements Not Exclusive. The issuance of a short-term rental registration shall
not relieve any person of the obligation to comply with all other provisions of this
code applicable to the use and occupancy of the property.
(i) Administrative Policy. The Community Development Director or his/her designee
shall have the authority to develop administrative policies to implement the intent of
this Chapter.
6.56.040 Operating Standards.
The following operating standards shall apply to short-term rentals:
(a) Legal Dwelling. Short-term rentals may only occur within legal dwelling units.
(b) Limitation on Listings. Short-term rentals shall not have more than one listing for the
same primary residence on the same days.
(c) Annual Limit. A primary residence may be occupied as an un-hosted short-term
rental for no more than one hundred and twenty (120) days per calendar year per
unit. There shall be no limit on the number of days a Drimary residence may be
occupied as a hosted short-term rental.
(d) Authorized Agent. Hosts shall identify to all quests and all occupants of adjacent
properties an authorized agent to be available twenty-four (24) hours per day, seven (7)
days Der week durina the term of anv un-hosted short-term rental. The desianated
authorized agent shall be available under the following terms:
(1) When the short-term residential rental unit is rented, the host (for a hosted short-
term rental) or at least one authorized agent (for an un-hosted short-term rental)
must respond to all telephone and e-mail messages relating to issues of permit
compliance or the health, safety, or welfare of the public or the renter at the short-
term residential rental unit within thirty (30) minutes at all times, twenty-four (24)
hours per day.
(2) The host (for a hosted short-term rental) or at least one authorized agent (for an
un-hosted short term -rental) must be on the premises of the short-term residential
rental unit within one (1) hour of being notified of complaints regarding the
condition or oaeration of the dwellina unit or the conduct of auests and take
remedial action to resolve such complaints.
(e) Parking. No additional parking shall be required for short-term rentals. Existing on -
site parking spaces shall be made available to short-term renters.
(f) Refuse and Recycling. The host must provide appropriate refuse and recycling
service for the short-term residential rental unit. The property must be free of debris
both on site and in the street. Disposal regulations outlined in Chapter 8.16 of the
Burlingame Municipal Code shall apply to all short-term rentals.
(g) Noise. Noise regulations outlined in Chapter 10.40 of the Burlingame Municipal Code
shall apply to all short-term rentals.
(h) Special Events. Weddings, corporate events, commercial functions,
parties/congregations, and any other similar events which have the potential to cause
traffic, parking, noise or other problems in the neighborhood are prohibited from
occurring at the short-term rental property, as a component of short-term rental
activities.
6.56.060 Transient Occupancy Tax (TOT).
Transient occupancy taxes must be collected for short-term rentals and paid to the City
pursuant to Title 4, Chapter 4.09 of the City of Burlingame Municipal Code. Collection and
remittance of TOT is the responsibility of the host. The hosting platform shall collect TOT
when they have signed a voluntary collection agreement (or equivalent) with the City. If
booked on a hosting platform, collection and remittance of TOT for short-term rentals
shall be the primary responsibility of the hosting platform. Collection and remittance of
TOT for short-term rentals shall be the responsibility of the host if booked directiv throuah
an individual host with no hosting platform involvement.
6.56.070 Enforcement.
(a) Revocation of Registration. A short-term rental registration issued under the
provisions of this Section may be revoked by the Community Development Director
or designee after notice and hearing as provided for in this Section, for any of the
followina reasons:
(1) Fraud, misrepresentation, or false statements contained in the application;
(2) Fraud, misrepresentation, or false statements made in the course of carrying on a
short-term rental as reaulated by this Section:
(3) Any violation of any provision of this Section or of any provision of this code; or
(4) Any violation of any provision of federal, state or local laws.
1.9
(b) Revocation Hearing. Before revoking a short-term rental registration, the
Community Development Director or his/her designee shall give the responsible host
notice in writing of the proposed revocation and of the grounds thereunder, and also
of the time and place at which the host will be given a reasonable opportunity to
show cause why the registration should not be revoked. The notice may be served
Personally upon the host ormay be mailed to the host at the last known address or at
any address shown upon the application at least 10 days prior to the date of the
hearing. Upon conclusion of the hearing, the Community Development Director or
his/her desianee may. for the arounds set forth herein. revoke the reaistration.
(c) Appeal from Denial or Revocation of Registration. Any host whose application
has been denied or registration has been revoked shall have the right to an
administrative appeal before the City Manager or a designated hearing officer. An
appeal shall be filed in writing on a form provided by the City stating the grounds
therefore within 10 days of the decision. The City Manager or designated hearing
officer shall hold a hearing thereon within a reasonable time and the decision shall be
final.
(d) Waiting Period. Any host whose registration has been revoked due to a violation
may be ineligible from applying for a new registration for the following durations:
(1) A six (6)-month period if listing limitation is exceeded (as described in Section
6.56.040(b)) or if the annual limit for un-hosted stays is exceeded (as described in
Section 6.56.040(c)).
(2) A twelve (12)-month period if three or more nuisance or noise complaints are
made and substantiated by the Police Department.
(3) A twenty-four (24)-month period for a single complaint made and substantiated
by the Police Department related to a special event, as defined in Section
6.56.040(h)). More than one special -event related complaint shall fall under
subsection (4) below.
(4) Waiting periods for violations not defined by this section shall be determined
the Community Development Director or his/her designee.
(e) Suspension. Pending code enforcement or criminal complaints brought by the C
shall be grounds for immediate suspension of the registration.
(f) Records of Compliance. The host shall retain records documenting the compliance
with these requirements for a period of three (3) years after each period of short -term -
rental, including but not limited to records showing payment of transient occupancy
taxes by a hosting platform on behalf of a host. Upon reasonable notice, the host
shall provide any such documentation to City upon request for the purpose of
inspection or audit to the City Manager or his/her designee.
(g) Violations. Penalties may be imposed for failure to comply with the provisions of this
Chapter and Chapter 4.09: such aenalties include those relatina to revocation set
forth in this Chapter, Chapter 4.09, and Title 1 of this Code.
6.56.080 Amnesty Period for Short -Term Rentals.
Notwithstanding any other provision of law, short-term rentals operating on or before the
enactment of this ordinance shall be considered existing, unpermitted uses. An amnesty
period of one (1) year after the effective date of this ordinance is being offered to allow
these existing, unpermitted uses to be legalized by conforming to the requirements of this
Section, including compliance with operating standards, registration, and recordkeeping
obligations. Transient occupancy tax payments shall continue to be required at all times for
short-term rentals, as of the effective date of this ordinance, and must be collected and
paid for the full duration of the amnesty period.
Applications to bring an existing, unpermitted short-term rental use into compliance shall
be made on or before one year after the effective date of this ordinance. Existing short-
term rental uses that do not conform to the requirements of this section shall cease
operation within one year of the effective date of this ordinance and shall be prohibited
from resumina unless and until the use conforms to the reauirements of this Chapter.
Section 2: Chapter 4.09 Uniform Transient Occupancy Tax, is amended as follows:
4.09.010 Title.
This chapter shall be known as the "Uniform Transient Occupancy Tax Ordinance of
the city of Burlingame."
4.09.020 Definitions.
(a) "Hotel" means any structure, or any portion of any structure, which is occupied or
intended or designed for occupancy by transients for dwelling, lodging or sleeping
purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel,
bachelor hotel, lodginghouse, roominghouse, apartment house, dormitory, public or
private club, mobile home or house trailer at a fixed location, or other similar structure
or portion thereof. "Hotel" does not mean any of the following: any hospital,
sanitarium, medical clinic, convalescent home, rest home, home for aged people,
foster home or other similar facility operated for the care or treatment of human
beings; any asylum, jail, prison, orphanage or other facility in which human beings
are detained and housed under legal restraint; any housing owned or controlled by
any educational institution and used exclusively to house students, faculty or other
employees, and any fraternity or sorority house or similar facility occupied exclusively
by students and employees of such educational institution, and officially recognized
or approved by it; any housing operated or used exclusively for religious, charitable
or educational purposes by any organization having qualifications, for exemption
from property taxes under the laws of California; any housing owned by a
governmental agency and used to house its employees or for governmental
purposes; any camp as defined in the labor code or other housing furnished by an
employer exclusively for employees.
(b) "Occupancy" means the use or possession, or the right to the use or possession, of
any room or rooms or portion thereof, in any hotel or short-term rental for dwelling,
T
lodging or sleeping purposes.
(c) "Operator" means the person who is proprietor of the hotel or short-term rental,
whether in the capacity of owner, lessee, sublessee, mortgagee in possession,
licensee or any other capacity. Where the operator performs his or her functions
through a managing agent of any type or character other than an employee, the
managing agent of any type or character is an operator for the purposes of this
chapter and shall have the same duties and liabilities as his or her principal. In
relation to short-term rentals, the operator is the party responsible for collecting the
transient occupancy tax, whether that entity is a hosting platform or host. Compliance
with the provisions of this chapter by either the principal or the managing agent shall,
however, be considered to be compliance by both.
(d) Person. Except as used in the definition for transient below, "person" means any
individual, firm, partnership, joint venture, association, social club, fraternal
organization, joint stock company, corporation, estate, trust, business trust, receiver,
trustee, syndicate or any other group or combination acting as a unit.
(e) "Rent" means the consideration charged, whether or not received, for the occupancy
of space in a hotel or short-term rental valued in money, whether to be received in
money, goods, labor or otherwise, including all receipts, cash, credits and property
and services of any kind or nature, without any deduction therefrom whatsoever. The
value of complimentary meals or other similar services or inducements shall not be
deducted. In the event of dispute the tax administrator shall determine the proper
rent.
(f) "Tax administrator" means the city finance director/treasurer or the
director/treasurer's designated representative.
(g) "Transient" means any individual who exercises occupancy or is entitled to
occupancy of a specific room by reason of concession, permit, right of access,
license or other agreement for a period of thirty (30) consecutive calendar days or
less, counting portions of calendar days as full days. Any such individual so
occupying space in a hotel or short-term rental shall be deemed to be a transient until
the period of thirty (30) days has expired unless there is an agreement in writing
providing for a longer period of occupancy of the room. In determining whether a
person is a transient, uninterrupted periods of time extending both prior and
subsequent to the effective date of this chapter may be considered.
(h) "Short-term rental" means the use or possession of or the right to use or possess any
room or rooms, or portions thereof in any dwelling unit for residing, sleeping or
lodging purposes for less than 30 consecutive calendar days, counting portions of
days as full calendar days.
4.09.025 Tax rate.
For the privilege of occupancy in any hotel or short-term rental, each transient is subject
to and shall pay a tax in the amount of twelve (12) percent of the rent charged by the
operator.
4.09.030 Tax imposed.
The tax imposed by this chapter constitutes a debt owed by the transient to the city which
is extinguished only by payment to the operator or to the city. The transient shall pay the
9
tax to the operator of the hotel or short-term rental at the time the rent is paid. If the rent is
paid in installments, a proportionate share of the tax shall be paid with each installment.
The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel or
short-term rental. If for any reason the tax due is not paid to the operator of the hotel or
short-term rental, the tax administrator may require that such tax shall be paid directly to
the tax administrator.
4.09.040 Exemptions.
No tax shall be imposed upon:
(a) Any person as to whom, or any occupancy as to which it is beyond the power of the
city to impose this tax; provided, employees of the state or federal government are
exempt only if room charges are paid directly by their employing agency. Copies of
official travel orders are generally required. (See 46 Cal. Ops. Atty. Gen. 16).
(b) Any properly credentialed officer or employee of a foreign government who is exempt
by reason of express provision of federal law or international treaty.
4.09.050 Operators duties.
Each operator shall collect the tax imposed by this chapter to the same extent and at the
same time as the rent is collected from every transient. The amount of tax shall be
separately stated from the amount of the rent charged, and each transient shall receive a
receipt for payment from the operator. No operator of a hotel or short-term rental shall
advertise or state in any manner, whether directly or indirectly, that the tax or any part
thereof will be assumed or absorbed by the operator, or that it will not be added to the
rent, or that, if added, any part will be refunded except in the manner provided in this
chapter.
4.09.060 Registration.
(a) No more than five (5) days after commencing business or after a change in operator,
each operator of any hotel or short-term rental renting occupancy to transients shall
register the hotel or short-term rental with the tax administrator and obtain from the
administrator a transient occupancy registration certificate that will be posted at all
times in a conspicuous place on the hotel or short-term rental premises. This
certificate shall, among other things, state the following:
(1) The name of the operator;
(2) The name and address of the hotel or short-term rental; and
(3) The date upon which the certificate was issued;
(b) This transient occupancy registration certificate signifies that the person named on
the face hereof has fulfilled the requirements of the uniform transient occupancy tax
ordinance by registering with the tax administrator for the purpose of collecting from
10
transients the transient occupancy tax and remitting said tax to the tax administrator.
This certificate does not authorize any person to conduct any unlawful business or to
conduct any lawful business in an unlawful manner, nor to operate a hotel or short-
term rental without strictly complying with all local applicable laws, including, but not
limited to, those requiring a permit from any board, commission, department or office
of this city. The certificate does not constitute a permit.
(c) No more than five (5) days after changing the name of a hotel registered under this
section, the hotel operator shall notify the tax administrator of the new name in
writing and obtain from the administrator an amended transient occupancy
registration certificate specifying the new hotel name.
4.09.070 Reporting and remitting.
(a) Each operator shall, on or before the last day of each month, make a return to the tax
administrator, on forms provided by the administrator, of the total rents charged and
the amount of tax calculated for transient occupancies for the preceding month.
Unless a separate bank account is permitted and established as hereinafter set forth,
the full amount of the tax calculated shall be remitted to the tax administrator together
with the return. If any exemptions or bad debts are included on the return, copies of
back-up information including room folios shall be included with the return. The
signed, original return together with the remittance shall be delivered in person to the
tax administrator or postmarked no later than the last day of the month in which it is
due. Returns and remittances mailed pursuant to this subsection shall be sent by
certified mail. The tax administrator may establish shorter reporting and/or remitting
periods for any operator and may require additional information in any return.
Returns and payments are due immediately upon cessation of business for any
reason.
(b) Any operator collecting less than ten thousand dollars ($10,000.00) in transient
occupancy taxes per quarter shall deposit such taxes in a separate bank account in
trust for the benefit of the city, until payment thereof is made to the tax administrator.
(c) All other operators shall post a bond or irrevocable letter of credit guaranteeing
payment of taxes, equal to one quarter's tax as determined by the tax administrator.
Any such bond shall provide for no more than ten (10) days notice of cancellation to
city.
(d) Notwithstanding subsection (c) above, the tax administrator may require an operator
to establish a separate bank account in trust for the city for deposit of transient
occupancy taxes, until payment is made to the city, when the tax administrator
determines that an operator may not be capable of properly complying with the
collection or remittance requirements of this chapter.
(e) The city may also appoint or obtain an agent or receiver to collect the taxes due at
the hotel or short-term rental itself.
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(f) Any hosting platform, as defined in Chapter 6.56, that assists with arranging transient
occupancy may enter into a voluntary collection agreement (or equivalent) with the
City for the collection and payment of transient occupancy taxes. Where a hosting
platform has entered into such an agreement, the hosting platform shall have the
same duties and liabilities of the operator under this Chapter. Compliance with the
provisions of this Chapter by either the operator or the hosting platform shall be
considered to be compliance by both. To comply with Section 4.09.060, a hosting
platform shall register in its own name and post its Transient Occupancy Registration
Certificate on its website, if applicable. Operators that only use a hosting platform for
providing lodging to transients shall not be required to register separately with the tax
administrator or post a Transient Occupancy Registration Certificate on -site so long
as such hosting platform used by the operator has registered pursuant to Section
4.09.060.
4.09.080 Penalties and interest.
(a) Original Delinquency. Any operator who fails to remit any tax imposed by this chapter
within the time required shall pay a penalty of five (5) percent of the amount of the tax
in addition to the amount of the tax.
(b) Continued Delinquency. Any operator who fails to remit any delinquent remittance on
or before a period of fifteen (15) days following the date on which the remittance first
became delinquent shall pay a second delinquency penalty of five (5) percent of the
amount of the tax in addition to the amount of the tax and the five (5) percent penalty
first imposed. An additional penalty of five (5) percent shall be paid for each fifteen
(15) days thereafter which the remittance is delinquent.
(c) Fraud. If the tax administrator determines that the nonpayment of any remittance due
under this chapter is due to fraud, a penalty of twenty-five (25) percent of the amount
of the tax shall be added thereto in addition to the penalties stated in subsections (a)
and (b) of this section.
(d) Interest. In addition to the penalties imposed, any operator who fails to remit any tax
imposed by this chapter shall pay interest at the rate of one percent per month or
fraction thereof on the amount of the tax, exclusive of penalties, from the date on
which the remittance first became delinquent until paid.
(e) Penalties Merged with Tax. Every penalty imposed and such interest as accrues
under the provisions of this section shall become a part of the tax required to be paid
by this chapter.
4.09.090 Failure to collect and report tax —Determination of tax by tax
administrator.
(a) If any operator shall fail or refuse to collect said tax and to make, within the time
provided in this chapter, any report and remittance of said tax or any portion thereof
required by this chapter or if the tax administrator reasonably believes that a hotel or
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short-term rental operator has not accurately and fully made any such report or
remittance, the tax administrator shall proceed in such manner as the administrator
may deem best to obtain facts and information on which to base the administrator's
estimate of the tax due.
(b) The tax administrator may review any return filed pursuant to this chapter and may
request or inspect any documents or accounts as provided for in this chapter to
determine what the correct tax due is. The tax administrator, and any person
designated as an agent by the tax administrator, may, at any time during normal
business hours, for the purpose of enforcing the provisions of this chapter, inspect
and audit the accounts, books, papers, and documents of any operator that holds
any tax certificate of the city under this chapter or that has filed a return with the city
under this chapter. Any person shall produce under the seal of the city the person's
authority to make such an audit or inspection.
(c) No person conducting an inspection or review pursuant to this section may reveal the
information obtained from such an inspection or audit to anyone not charged with the
administration or enforcement of the provisions of this title.
(d) As soon as the tax administrator shall procure such facts and information as the
administrator is able to obtain upon which to base the assessment of any tax
imposed by this chapter and payable by any operator who has neglected, failed or
refused to collect the same and to make such report and remittance, the
administrator shall proceed to determine and assess against such operator the tax,
interest and penalties provided for by this chapter. The administrator may include in
said assessment costs of any necessary audits or investigations. These costs will
include any additional visits or expenses incurred because an operator failed to
provide records as required by this chapter. In case such determination is made, the
tax administrator shall give a notice of the amount so assessed by serving it
personally or by depositing it in the United States mail, postage prepaid, addressed
to the operator so assessed at his or her last known place of address.
(e) The operator to be assessed by the administrator's determination may, within ten
(10) days after the serving or mailing of such notice, make application in writing to the
tax administrator for a hearing on the amount assessed. If application by the operator
for a hearing is not made within the time prescribed, the tax, interest and penalties, if
any, determined by the tax administrator shall become final and conclusive and
immediately due and payable. If such application is made, the tax administrator shall
give not less than five (5) days' written notice in the manner prescribed herein to the
operator to show cause at a time and place fixed in said notice why the amount
specified should not be fixed for such tax, interest and penalties. At the hearing, the
operator may appear and offer evidence why such specified tax, interest and
penalties should not be so fixed. After the hearing, the tax administrator shall
determine the proper tax to be remitted and shall thereafter give written notice to the
operator of the determination and the amount of the tax, interest and penalties now
due. The amount determined to be due shall be payable after fifteen (15) days unless
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an appeal is taken as provided in Section 4.09.100.
4.09.100 Appeal.
Any operator aggrieved by any decision of the tax administrator with respect to the
amount of such tax, interest and penalties, if any, may appeal to the council by filing a
notice of appeal with the city clerk within fifteen (15) days of the serving or mailing of the
determination of tax due. The council shall fix a time and place for hearing such appeal,
and the city clerk shall give notice in writing to such operator at his or her last known
place of address. The findings of the council shall be final and conclusive and shall be
served upon the appellant in the manner prescribed above for service of notice of
hearing. Any amount found to be due shall be immediately due and payable upon the
service of notice.
4.09.110 Records.
It shall be the duty of every operator liable for the collection and payment to the city of any
tax imposed by this chapter to keep and preserve, for a period of three (3) years, all
records as may be necessary to determine the amount of such tax as he or she may have
been liable for the collection of and payment to the city, which records the tax
administrator shall have the right to inspect at all reasonable times. Such records shall be
maintained at the operator's premises or shall be available for delivery to the tax
administrator within one week after request. Such records shall be so maintained for at
least six (6) months after a change of operator. The records shall include at least the
following:
(a) Daily summaries of room occupancies;
(b) A record of each occupancy charge for which an exemption is claimed, including the
name of the individual occupying the room, dates of occupancy and reasons for
exemption;
(c) List of bad debts claimed for exemption, including names and addresses of debtor,
amount of room rent unpaid, and all room folios documenting the applicable
occupancies;
(d) Bank statements for the separate account required in Section 4.09.070.
4.09.120 Refunds.
(a) Whenever the amount of any tax, interest or penalty has been erroneously or illegally
collected or received by the city under this chapter, it may be refunded as provided in
subsections (b) and (c) of this section provided a claim in writing therefor, stating
under penalty of perjury the specific grounds upon which the claim is founded, is filed
with the city council within the time period set forth in Chapter 4.15. Accrual of the
cause of action shall be the date upon which payment of the tax was actually made
or the date the tax was due, whichever was earlier.
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(b) An operator may claim a refund or take as credit against taxes collected and remitted
the amount overpaid, paid more than once or erroneously or illegally collected or
received when it is established in a manner prescribed by the tax administrator that
the person from whom the tax has been collected was not a transient; provided,
however, that neither a refund nor a credit shall be allowed unless the amount of the
tax so collected has either been refunded to the transient or credited to rent
subsequently payable by the transient to the operator.
(c) A transient may obtain a refund of taxes overpaid or paid more than once or
erroneously or illegally collected or received by the city by filing a claim in the manner
provided in subsection (a) of this section, but only when the tax was paid by the
transient directly to the tax administrator, or when the transient, having paid the tax to
the operator, establishes to the satisfaction of the tax administrator that the transient
has been unable to obtain a refund from the operator who collected the tax.
(d) No refund shall be paid under the provisions of this section unless the claimant
establishes his or her right thereto by written records showing entitlement thereto.
4.09.130 Collection of tax. The followina shall aaaly to hotel and short-term rental
operations:
(a) Actions to Collect. Any tax required to be paid by any transient under the provisions
of this chapter shall be deemed a debt owed by the transient to the city. Any such tax
collectible by any operator which has not been paid to the city shall be deemed a
debt owed by the operator to the city. The amount of the tax collected by the operator
shall be held to be a special fund in trust for the city and shall be deemed to be public
monies upon collection. This trust obligation shall apply whether the taxes collected
are held in a separate account or not. Any person owing money to the city under the
provisions of this chapter shall be liable to an action brought in the name of the city
for the recovery of such amount.
(b) Recording Certificate —Lien. If any amount required to be paid to the city under the
ordinance codified in this chapter is not paid when due, the administrator may within
three (3) years after the amount is due file for record in the office of the San Mateo
county recorder a certificate specifying the amount of tax, penalties and interest due,
the name and address as it appears on the records of the tax administrator of the
operator liable for the same and the fact that the tax administrator has complied with
all provisions of this chapter in the determination of the amount required to be paid.
From the time of the filing for record, the amount required to be paid together with
penalties and interest constitutes a lien upon a real property in the county owned by
the operator or acquired by him or her afterwards and before the lien expires. The
lien has the force, effect and priority of a judgment lien and shall continue for ten (10)
years from the time of filing of the certificate unless sooner released or otherwise
discharged.
(c) Priority and Lien of Tax. The amounts required to be paid by any operator under this
15
chapter with penalties and interest shall be satisfied first in any of the following
cases:
(1) Whenever the person is insolvent;
(2) Whenever the person makes a voluntary assignment of his or her assets;
(3) Whenever the estate of the person in the hands of executors, administrators or
heirs is insufficient to pay all the debts due from the deceased; or
(4) Whenever the estate and effects of an absconding, concealed or absent person
required to pay any amount under this chapter levied upon by process of law.
This chapter does not give the city a preference over any recorded lien which
attached prior to the date when the amounts required to be paid became a lien.
(b) Warrant for Collection of Tax. At any time within three (3) years after any operator is
delinquent in the payment of any amount herein required to be paid off within years
after the last recording of a certificate of lien under subsection (b) of this section, the
tax administrator may issue a warrant for the enforcement of any liens and for the
collection of any amount required to be paid to the city under this chapter. The
warrant shall be directed to any sheriff, marshal or constable and shall have the
same effect as a writ of execution. The warrant shall be levied and sale made
pursuant to it in the same manner and with the same effect as a levy of and a sale
pursuant to a writ of execution. The tax administrator may pay or advance to the
sheriff, marshal or constable, the same fees, commissions and expenses for his or
her services as are provided by law for similar services pursuant to a writ of
execution.
The following shall apply to hotel operations only:
(a) Seizure and Sale. At any time within three (3) years after any operator is delinquent
in the payment of any amount, the tax administrator may forthwith collect the amount
in the following manner: the tax administrator shall seize any property, real or
personal, of the operator and sell the property, or a sufficient part of it, at public
auction to pay the amount due together with any penalties and interest imposed for
the delinquency and any costs incurred on account of the seizure and sale. Any
seizure made to collect occupancy taxes due shall be only of property of the operator
not exempt from execution under the provisions of the code of civil procedure.
(b) Successor's Liability —Withholding by Purchaser. If any operator liable for any
amount under this chapter sells out his or her business or quits the business, his or
her successor assignee shall withhold sufficient of the purchase price to cover such
amount until the former owner produces a receipt from the tax administrator showing
that it has been paid or a certificate stating that no amount is due.
(c) Liability of Purchaser —Release. If the purchaser of a hotel fails to withhold funds
16
from the purchase price as required, he or she shall become personally liable for the
payment of the amount required to be withheld by him or her to the extent of the
purchase price, valued in money. Within sixty (60) days after receiving a written
request from the purchaser for a certificate, or within sixty (60) days from the date the
former owner's records are made available for audit, whichever period expires the
later, but in any event, not later than ninety (90) days after receiving the request, the
tax administrator shall either issue the certificate or mail notice to the purchaser at his
or her address as it appears on the records of the tax administrator of the amount
that must be paid as a condition of issuing the certificate. Failure of the tax
administrator to mail the notice shall release the purchaser from any further
obligation to withhold purchase price as above provided. The time within which the
obligation of the successor may be enforced shall start to run at the time the operator
sells his or her business or at the time that the determination against the operator
becomes final, whichever event occurs the later.
(d) Sale of a hotel, dismissal of the operator or other termination of his or her rights to
operate the facility shall not relieve him or her from liability for taxes due or owing
under this chapter.
4.09.140 Violations —Misdemeanor.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor
and shall be punishable therefor by a fine of not more than five hundred dollars ($500.00)
or by imprisonment for a period of not more than six (6) months or by both such fine and
imprisonment.
Any operator or other person who fails or refuses to register as required herein, or to
furnish any return required to be made, or who fails or refuses to furnish a supplemental
return or other data required by the tax administrator, or who renders a false or fraudulent
return or claim, is guilty of a misdemeanor, and is punishable as aforesaid. Any person
required to make, render, sign or verify any report or claim who makes any false or
fraudulent report or claim with intent to defeat or evade the determination of any amount
due required by this chapter to be made, is guilty of a misdemeanor and is punishable as
aforesaid.
Division 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance. The Council declares that it would have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective
of the fact that any one or more sections, subsections, sentences, clauses or phrases be
declared invalid.
Division 4: This Ordinance shall be published in a newspaper of general circulation in
accordance with California Government Code Section 36933, published, and circulated in
the City of Burlingame, and shall be in full force and effect thirty (30) days after its final
passage.
17
Emily Beach, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the
foregoing ordinance was introduced at a public hearing at a regular meeting of the City
Council held on the 2nd day of November 2020, and adopted thereafter at a regular
meeting of the City Council held on the day of 2020, by the
following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Meaghan Hassel -Shearer, City Clerk
Iff
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME FINDING THAT
ADOPTION OF AMENDMENTS TO CHAPTER 4.09 (UNIFORM TRANSIENT OCCUPANCY
TAX) OF TITLE 4 AND THE ADDITION OF CHAPTER 6.56 (SHORT-TERM RENTALS) TO
TITLE 6 OF THE BURLINGAME MUNICIPAL CODE IS STATUTORILY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA
GUIDELINES SECTION 15061(b)(3) AND 15378(b)(5).
THE CITY COUNCIL OF THE CITY OF BURLINGAME finds as follows:
Section 1. At a duly noticed public hearing on November 2, 2020, the City Council
introduced an ordinance amending Chapter 4.09 (Uniform Transient Occupancy Tax) of Title 4
and adding Chapter 6.56 (Short -Term Rentals) to Title 6 of the Burlingame Municipal Code to
regulate short-term rentals.
Section 2. The proposed amendments to the zoning code related to short-term
rentals are Statutorily Exempt from the California Environmental Quality Act (CEQA) pursuant
to CEQA Guidelines section 15061(b)(3) and 15378(b)(5), which exempts the ordinance
because the ordinance is not a project that has the potential for causing a significant effect on
the environment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BURLINGAME THAT adoption of amendments to Chapter 4.09 (Uniform Transient
Occupancy Tax) of Title 4 and addition of Chapter 6.56 (Short -Term Rentals) to Title 6 of the
Burlingame Municipal Code to regulate short-term rentals is Statutorily Exempt from the
California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section
15061(b)(3) and 15378(b)(5), which exempts the ordinance because the ordinance is not a
project that has the potential for causing a significant effect on the environment.
Emily Beach, Mayor
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that the
foregoing resolution was adopted at a regular meeting of the City Council held on the day
of
by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Meaghan Hassel -Shearer, City Clerk
10. STAFF REPORTS
a. DISCUSSION OF SHORT-TERM RENTALS
CDD Gardiner stated that staff first had a conversation with the City Council concerning short-term rentals at
a study session in December 2019. He explained that since that time staff hired Good City Company to
assist with the process and do further research.
Good City Company Principal Aaron Aknin explained that tonight they would be discussing the different
options available to the City for regulating short-term rentals in order to guide development of a future
ordinance.
Mr. Aknin reviewed the main takeaways from the December 2019 study session:
• Create a policy framework
• Property rights — reasonable regulations not prohibition
• Protect housing stock and quality of life
• Accessory Dwelling Units and affordable units should be addressed
• Create limitations and maximums
• Distinguish between "hosted" versus "un-hosted" rentals
• Registration, tax -collection, and data collection should be addressed
Mr. Aknin reviewed the proposed policy framework:
1. Allow limited short-term rental uses while preventing the loss of housing stock.
2. Preserve the residential character of neighborhoods and establish operating standards to reduce
potential noise, parking, traffic, property maintenance, and safety impacts on adjacent neighbors.
3. Require a business license so the City can track and enforce these requirements as needed and ensure
an appropriate collection of TOT.
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Burlingame City Council July 6, 2020
Approved Minutes
Mr. Aknin reviewed key definitions for short-term rentals:
• Short Term Rentals — dwelling units that are rented for periods lasting fewer than 30 days.
• Host — The owner or long-term lease holder of a residence, who offers a dwelling unit, or portion
thereof, for short-term rental.
• Hosted Rental — Any short-term rental where the host is present on the premises, particularly during
the nighttime hours.
• Un-hosted Rental — Any short-term rental where a host is not present.
• Primary Resident— Homeowner or long-term renter lives in the homes a majority of the year and can
provide evidence.
Mr. Aknin reviewed potential housing regulations for the Council to discuss. He explained that the first
option is the primary residence requirement. He stated that this goes to the housing stock issue. He noted
that in general, on the Peninsula, we don't want people buying homes to rent as Airbnb units. This
requirement states that the only way you can rent out a short-term rental is if it is your primary home.
Mr. Aknin stated that another option is that the City could limit the number of un-hosted rental days per year.
He noted that in San Francisco, the maximum un-hosted days per year is 90. However, he explained that
most cities state that the rental can be un-hosted 180 days per year.
Mr. Aknin noted that there is also a general prohibition on affordable housing units as short-term rentals.
Mr. Aknin discussed potential neighborhood character regulations including:
• Prohibition/limitation on special events
• Limit concurrent listings or occupants
• Requiring onsite parking for renters
• Require local contact person and process
Mr. Aknin compared two short-term rental ordinances:
Redwood City
Millbrae
Primary Residence
Required
Required
Un-hosted Rental Maximum
120 days per year
100 days/permit duration
Special Events
Prohibited
Prohibited
Occupancy Maximum
None
• Nighttime — 2
persons/bedroom, plus 2
additional persons
• Daytime — twice nighttime
occupancy
Concurrent Listing Maximum
2 maximum concurrent listings for
None
same primary residence
Parking
Existing on -site parking spaces
Existing on -site parking spaces
must be made available
must be made available
Local Contact Person
• Local contact person must
• Minimum of 2 authorized
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Burlingame City Council July 6, 2020
Approved Minutes
be identified to guests and
agents identified on permit
adjacent properties for un-
application for un-hosted
hosted rentals
rentals
60-minute response time
• 30-minute response time
and remedial action
required 24 hours/day
required 24 hours/day
• Contact information
distributed to 500-foot
radius after permit
issuance
He noted that most cities don't regulate the number of hosted rental days.
Mr. Aknin reviewed implementation and enforcement. He stated that the City can choose to require hosts to
register their units via a modified business license process. He explained that the City may wish to clarify its
TOT ordinance to require collection agreements with hosting platform(s) to collect TOT from all hosts and
remit it to the City. Lastly, he discussed the City's enforcement options. He stated that the City can pursue
enforcement through the hosting platform or through a third -party platform that tracks the location of short-
term rentals to ensure that they are consistent with the registered unit.
Mr. Aknin stated that he found out from Airbnb that there are 190 short-term rentals within Burlingame, with
approximately 9,000 rental nights per year.
Councilmember Brownrigg explained that in Burlingame, there are a number of individuals that list their
property on Airbnb, and no one complains. However, there is one site that generates several complaints. He
asked what the difference was between that site and the other sites. CDD Gardiner stated that the discussion
about concurrent listing requirements is partially to address this type of issue. He stated that it would limit
how many bookings on one property could be made in a single night.
Councilmember Brownrigg asked if the other short-term rentals in the city that don't elicit a high level of
complaints are undertaking concurrent rentals. CDD Gardiner stated that it is unclear.
Mayor Beach asked about having minimum night stay requirements that could deter the feeling of a
revolving door or potential party situation. Mr. Aknin stated that it could be a tool that is used, but it is not
in a lot of ordinances. He noted that it could be something that Airbnb and other platforms push back against
and something that is hard to regulate.
Mayor Beach asked if Mr. Aknin had recommendations for revoking a short-term rental license based on
complaints and violations. Mr. Aknin stated that he had discussed a three -strikes rule with Airbnb that could
be put in local ordinances. City Attorney Kane noted that the key issues are due process and that there is an
opportunity for a fact-finding process before the City removes a right that has been conferred. She discussed
the City's revocation proceeding for business licenses and stated that this is the kind of thing that staff will
be reviewing.
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Burlingame City Council July 6, 2020
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Councilmember Colson asked if the short-term rental market has declined as a result of COVID. She added
that as a result of that, has that changed the negotiating power of cities relative to the large corporate entities.
Mr. Aknin stated that there has been a big decline particularly in the areas that rely on business short-term
rentals. He noted that around 2015-2016, Airbnb and the other platforms didn't play well with the cities. He
stated that after Airbnb's negotiations with San Francisco, they seemed more willing to work with cities.
Councilmember Ortiz asked Mr. Aknin to comment on the issues of enforcing City ordinances on short-term
rentals. Mr. Aknin replied that the ordinance is generally enforced in the same way that other code
enforcement issues are handled. He added that the City will have Airbnb and the other platforms to assist
with enforcement.
City Attorney Kane added that the cooperation of Airbnb and other platforms hinges on the City's proposed
ordinance and if it is palatable to them. Therefore, if the City takes a stronger stance and severely limits
things, Airbnb is less likely to assist the City.
Vice Mayor O'Brien Keighran asked in which areas of the legislation cities experience the most pushback
from Airbnb. Mr. Aknin stated that it would be the number of days allowed for un-hosted rentals and when
the City makes registration difficult. He added that if there are a bunch of requirements that overall make
things difficult, the platforms will be upset.
Councilmember Brownrigg stated that the TOT revenue is not a factor that he is considering when it comes
to regulating short-term rentals. He explained that if Burlingame has 9,000 nights of short-term rentals per
year, it comes out to approximately $100,000 to $150,000 in TOT revenue. He noted that there is an equity
element that short-term rentals should have to pay TOT. He stated that what he is trying to figure out is the
balance between the private landowner's rights to use their property versus the neighborhood's rights to not
have a busy business next to them. He asked how the City should consider how many nights to allow un-
hosted rentals. Mr. Aknin stated that in a previous ordinance he worked on, it was decided that the City
wanted the residence to be used as a normal single-family home for a super majority of the time. Therefore,
that City decided that a unit or home could not be used as an un-hosted rental for more than one-third of the
days in a year. He stated that the key from a neighborhood standpoint is the primary residency requirement.
He explained that his recommendation would be to allow 120 days as un-hosted so that for two-thirds of the
year, it is still a single-family home.
Mayor Beach opened the item up for public comment.
Pete Wanger stated that he would like Burlingame to only allow hosted accommodations. (comment
submitted via publiccomment(d),burlin ag me.org).
Mayor Beach closed public comment.
Councilmember Ortiz stated that it scares him that the City may be legislating on this issue based on the one
rogue operator. Therefore, he explained that the Council needed to move carefully and remember that a
majority of the short-term rentals in Burlingame operate without complaint. He stated that the biggest issue
to him is the concurrent listing, and he thought this would help to reign in the complaints.
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Burlingame City Council July 6, 2020
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Mayor Beach stated that concurrent listings are an Achilles heel. She explained that while the City hasn't
received complaints about several properties, she didn't think that people move into a single-family
neighborhood in Burlingame with the expectation that they are going to be living next to a revolving door of
a short-term rental. She stated that she respects private property rights, but she leans into having a more
restrictive approach to protect the neighborhood and housing stock. She discussed minimum night rentals
and thought the requirement of a minimum stay of two to three nights might help to prevent the revolving
door aspect of short-term rentals. She stated that she agreed that a primary residence requirement could be a
way to protect neighborhoods, and this could also be done by limiting multiple listings on any property. She
added that for un-hosted nights, she would keep it at a 100 to 120-day limit.
Vice Mayor O'Brien Keighran stated that it would be nice to have more data. She noted that the criteria she
would want to focus on is primary residence, 120-day limit for un-hosted, TOT for short-term rentals, and
that the properties must register with the City. She added that she agreed with Mayor Beach that a two -night
minimum would be good.
Councilmember Colson stated that short-term rentals can be an important way to augment people's income if
needed.
Councilmember Brownrigg concurred with the Vice Mayor. He asked if ADUs could be short-term rentals.
City Attorney Kane replied in the negative and explained the proposed ADU ordinance outlined that they are
only for long-term rentals.
Councilmember Ortiz stated that he supported the 120-day limit for un-hosted rentals. He added that he
believed that short-term rentals should be charged TOT.
Mayor Beach stated that she was hearing consensus for a 120-day limit for un-hosted rentals, having a local
contact, TOT, and limit concurrent listings. She asked Mr. Aknin for advice on how to frame the concurrent
listings. Mr. Aknin stated that he believed the Council wanted to distinguish between when it's a hosted
rental with two bedrooms being rented out versus an un-hosted rental with three or four bedrooms being
rented to different people. He noted that he would further research this approach but believed that San Jose
limited the total number of people by the number of bedrooms.
Mayor Beach stated that when the City doesn't limit the number of concurrent listings, it brings more
automobile traffic and parking congestion. She added that she leans towards having restrictions on that
matter.
Councilmember Brownrigg stated that he believed the significant burden is how many nights the City will
allow un-hosted.
Mayor Beach asked if her colleagues supported considering a minimum night rental.
Councilmember Ortiz stated that he would keep it to two.
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Burlingame City Council July 6, 2020
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Councilmember Colson stated that a short-term rental of one night could be for a business traveler versus a
minimum stay of two or three nights could be a vacationer that is coming and going more often.
Vice Mayor O'Brien Keighran stated that she was leaning towards requiring a two -night stay but thought
Councilmember Colson brought up a good point.
Mayor Beach asked staff if they had direction. CDD Gardiner replied in the affirmative.
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Burlingame City Council July 6, 2020
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rC7 AGENDA ITEM NO: 10a
BURLINGAME STAFF REPORT
MEETING DATE: July 6, 2020
To: Honorable Mayor and City Council
Date: July 6, 2020
From: Kevin Gardiner, Community Development Director — (650) 558-7253
Subject Discussion of Short -Term Rentals
RECOMMENDATION
Staff recommends that the City Council discuss options for regulating short-term rentals and
provide direction to guide development of a future ordinance.
BACKGROUND
Residential short-term rentals are defined as dwelling units that are rented for periods lasting
fewer than 30 days. Common examples include renting a room, house, or an apartment for a
week or weekend for a short stay or for several weeks. Short-term rentals are most commonly
offered and rented through online hosting platforms such as Airbnb, VRBO, Hostmaker, Sonder,
Vacasa, and HomeAway. The City Council last discussed short-term rentals at a study session
in December.
Current Burlingame Short-term Rental Re_pulations. The City's existing transient occupancy
tax (TOT) applies to short-term rentals when they meet the municipal code's definition of "hotel,"
which is as follows:
"Hotel" means any structure, or any portion of any structure, which is occupied or
intended or designed for occupancy by transients for dwelling, lodging or sleeping
purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel,
bachelor hotel, lodging -house, rooming -house, apartment house, dormitory, public or
private club, mobile home or house trailer at a fixed location, or other similar structure or
portion thereof.
Therefore, a residential unit, or portion thereof, which is "occupied ... by transients for dwelling,
lodging or sleeping purposes", is required to collect TOT on behalf of the City, but the City does
not currently have a program for monitoring collection of TOT from short-term rentals.
Operators running short-term rentals are also required to secure a business license. Currently,
there are seven registered short-term rentals in Burlingame, but the City does not have access
to data regarding how many nights per year they are rented out, or whether owners are on the
premises during such rentals. From reviewing online advertisements for short-term rentals
(which do not provide addresses), it appears as though fewer than ten percent of short-term
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Residential Short -Term Rentals July 6,
2020
rentals shown to be located in Burlingame are operating with a business license. However, it
can be difficult to ascertain whether the rentals listed are in frequent or only occasional use.
Complaints and Code Enforcement. The City has received complaints for fewer than 10
short-term rental locations in the last three years. The majority of these were from neighbors
complaining about a short-term rental in a nearby residence. The relevant property owners were
referred to the Finance Department and secured business licenses. One complaint related to
overflowing garbage bins. One location has generated several different complaints by
neighbors, including guests coming and going at various times, ride share drivers blocking the
street for drop off and pickup, the owner not being on site, and construction without permits.
Key Definitions. The following terms will be used in this report and are common in short-term
rental regulations:
• Host: The owner or long-term lease holder of a residence, who offers a dwelling unit, or
portion thereof, for short-term rental.
• Hosted Rental: Any short-term rental where the host is present on the premises,
particularly during the nighttime hours.
• Un-hosted Rental: Any short-term rental where a host is not present.
Nei_ghborin_g Jurisdictions and Short-term Rental Regulations. Neighboring jurisdictions
have taken a variety of approaches to regulating short-term rentals. Of the 13 jurisdictions
reviewed in the December 2, 2019 Council study session:
• Six jurisdictions (Atherton, Hillsborough, San Carlos, Los Altos, Monterey, and Sausalito)
prohibit short-term rentals.
• Of the seven jurisdictions that allow short-term rentals, five jurisdictions require that the
rental be hosted for all rentals or at least some portion of the year. Two allow unlimited
un-hosted rentals.
• Almost all jurisdictions that allow short-term rentals require a business license, and all
jurisdictions that allow short-term rentals collect TOT on behalf of the City.
• More details on policies of neighboring jurisdictions can be found in the staff report from
the December 2, 2019 study session (Attachment 1). The minutes from the study
session are also attached (Attachment 2).
December 2019 Study Session Summary. At the study session, Councilmembers raised a
number of major themes, which are described below:
• Policy Framework: Creating an overall policy objective framework, including identifying
the problem we are trying to solve, will allow the regulations to fall in place.
• Regulation Versus Prohibition: Councilmembers agreed that an outright ban on short-
term rentals would not be desirable, but they do want an increase in regulation on short-
term rentals and collection of TOT.
• Property Rights: Property rights are of critical importance. People have the right to rent
out their homes and earn income from their homes. Short-term rentals can be used to
supplement income, helping people make their mortgage payments and stay in their
homes during challenging times. Such rentals can also provide options for homeowners
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Residential Short -Term Rentals
2020
July 6,
who may be relocating or away from home for an extended period, but who plan to
return to their homes in the future.
• Housing Stock: Protecting the overall supply of housing is equally important. Therefore,
short-term rentals should only be allowed in a way that does not reduce the overall
number of dwelling units in Burlingame.
• Accessory Dwelling Units (ADUs): Accessory Dwelling Units (ADUs) are also an
important part of the housing supply. Therefore, the impact on ADUs should be limited.
Furthermore, deed -restricted affordable units should have additional protections or not
be allowed to be used as short-term rentals.
• Quality of Life Issues: Neighborhood quality of life issues are paramount. Generally,
people do not move into their neighborhood with the expectation of living next to a
residence where their neighbors change daily. Therefore, any regulations must keep the
surrounding neighborhood in mind, including being aware of potential noise, traffic, and
parking impacts.
• Potential Limitations: Staff should explore limits on the maximum number of people
staying within each short-term rental, the number of concurrent listings in each unit, the
number of days the home can be used as a short-term rental, and prohibit "party homes"
and events from taking place in the units.
• Hosted Versus Un-Hosted Rentals: A "hosted rental" where the property owner lives in
the home and stays onsite has less of an impact on the surrounding neighborhood than
an un-hosted short-term rental.
• Collecting Data: Obtaining information from Airbnb and other hosting platforms is
important. Decisions can be made based on this data, and the City can be certain short-
term rentals are registered and in compliance with regulations.
• Registration and Tax -Collection: All short-term rentals should be registered via a
business license and pay TOT. TOT is not the primary reason for the adoption of a
short-term rental ordinance; however, hotels and short-term rentals must be on a level
playing field.
DISCUSSION
Policy Obiectives. Considering the Council's comments from the December 2019 study
session, staff has drafted the following policy objectives for consideration:
1. Allow limited short-term rental uses while preventing the loss of housing stock.
2. Preserve the residential character of neighborhoods and establish operating standards
to reduce potential noise, parking, traffic, property maintenance, and safety impacts on
adjacent neighbors.
3. Require a business license so the City can track and enforce these requirements as
needed and ensure an appropriate collection of TOT.
Based on these objectives and the themes raised in the study session, the Council may wish to
consider the following regulations in a short-term rental ordinance:
Housing Stock Related Regulations:
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Residential Short -Term Rentals July 6,
2020
Primary Residency: Short-term rentals could be restricted to primary residences, where the
homeowner or long-term renter lives a majority of the year and can provide evidence. This
restriction would prevent people from buying apartments, single-family homes, and
building/converting ADUs to serve exclusively as short-term rentals.
An ADU could only be rented as a short-term rental if the host was the primary resident who
lived in the unit (not the main home) and could provide evidence. South San Francisco,
Redwood City, and Santa Monica all have primary residence requirements. Santa Cruz has a
primary residence requirement and also prohibits the use of properties with ADUs as short-term
rentals (short-term rental of the primary and the accessory dwelling are both prohibited).
Limited Un-hosted Rental Days: The City could limit the number of "un-hosted" short-term
rental days. As noted above, an un-hosted rental is when the host (primary resident) is not
present. San Francisco places a 90-day limit, Redwood City a 120-day limit, and San Jose a
180-day limit. There are typically no limits on "hosted rentals," since the primary resident is
onsite.
Affordable Housing Units: Most cities prohibit using deed -restricted affordable housing as
short-term rentals, as the visitors who rent the short-term rental do not typically meet income
requirements. Furthermore, the increased income received from the short-term rental may
jeopardize the primary resident's affordable housing status.
Neighborhood Character Related Regulations:
Prohibition of Special Events: The City could prohibit special events such as weddings,
parties, and commercial functions. Airbnb has already begun restricting these type of events.
Limiting Number of Concurrent Listings: The City could limit the number of concurrent
listings for the same property. For example, the City could state only one or two listings can be
rented at the same time. This regulation would prevent a "hacker house" scenario, where short-
term rental bunk beds are listed and rented daily. Redwood City, for example, requires that
short-term rentals not have more than two listings for the same primary residence on the same
days. Santa Cruz requires that only one rental agreement may be in effect in a short-term rental
at a time. Santa Monica does not allow booking or renting to more than two groups of visitors for
any given date, whether the visitors within the groups are related to one another or not.
Limiting Total Occupants: The ordinance could limit the total number of people allowed to stay
in a short-term rental at one time. For hosted rentals in San Jose, the City limits incidental
transient occupancy to up to three transient users in a one -family dwelling or mobile home, and
up to two transient users in each dwelling unit in a two-family dwelling or multiple family
dwelling. For un-hosted rentals, San Jose's occupant limitations are two people in a studio unit,
three people in a one bedroom unit, and two people per bedroom for each bedroom in excess of
one bedroom, but not to exceed 10 persons total.
South San Francisco limits the number of transient occupants to two or fewer for hosted rentals
and to two persons/bedroom plus two additional persons for un-hosted rentals. Millbrae limits
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Residential Short -Term Rentals July 6,
2020
nighttime hours' occupancy to two persons per bedroom, plus two additional persons per short-
term residential rental unit (a studio is considered to have zero bedrooms). Daytime occupancy
is limited to twice the nighttime occupancy of the short-term residential rental. Santa Cruz limits
overnight occupancy for short-term rentals to a maximum of two persons per bedroom, plus two
additional persons regardless of the age of the occupant.
Onsite Parking: The ordinance can require that any onsite parking, including garage and
driveway, be made available to short-term renters, and hosts would park on the street. The
requirement could minimize neighborhood parking conflicts as hosts better understand parking
in their neighborhoods. For example, Millbrae and Redwood City require that existing onsite
parking spaces are made available to renters and guests. Santa Cruz limits the number of
vehicles allowed at the short-term rental to one vehicle per one bedroom unit, two vehicles per
two or three bedroom unit, and one additional vehicle per additional bedroom for units in excess
of three bedrooms.
Require Local Contact Person: Many ordinances require a local contact person for "un-hosted
rentals". This designated local contact person would respond when there are complaints. For
example, San Jose requires that the host provide written notice of the name and telephone
number of the local contact person to all transient users and to all occupants of all adjacent
properties for "un-hosted rentals." Redwood City requires identification of a local contact person
to all guests and all occupants of adjacent properties for "un-hosted rentals." The local contact
person must be available 24 hours per day, 7 days per week during the term of any un-hosted
stay; must respond within 60 minutes to complaints regarding the condition or operation of the
dwelling unit or the conduct of guests; and must take remedial action to resolve such
complaints.
Registration, TOT Collection, and Enforcement:
Registration: The City could require hosts to register their units via a modified business license
process. The business license registration for short-term rentals could also include a primary
residence confirmation, "local contact person" form, etc. as noted above. Alternatively, many
cities have a separate permitting and annual registration process for short-term rentals since
they are a unique business with specific restrictions. For example:
• Santa Monica requires a Home Sharing Permit with a separate application process from
building license registration. The term for the permit is effective for the same duration as the
building permit license.
• Redwood City requires hosts to register their primary residence as a short-term rental with
the City on a form prepared by the City with additional information and acknowledgements.
Registration may be renewed annually upon payment of registration renewal fees and all
required transient occupancy tax remittance, and the host must submit information on short-
term rental activity to verify the amount of tax paid.
• In Santa Cruz, all owners of short-term rental units are required to obtain a short-term rental
permit and TOT Certificate to use their property for short-term rental purposes. A total of
250 owner-occupied/hosted short-term rental permits are available on a first -come, first -
served basis.
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Residential Short -Term Rentals July 6,
2020
• Millbrae requires that residents interested in operating a short-term rental at their residence
apply to the Community Development Department for a short-term rental permit. As
designed, the program requires a business license, short-term rental permit, and completion
of a transient occupancy tax certification form along with health and safety inspections to
ensure compliance with applicable codes.
TOT Collection: Staff proposes entering into a collection agreement with Airbnb (and possibly
other platforms), which would require that Airbnb collect TOT from all hosts and remit it to the
City. Staff will also review the TOT ordinance in case any changes must be made to capture
TOT associated with short-term rentals.
Enforcement: Staff will explore enforcement alternatives with the hosting platforms. Staff will
also consider third -party platforms that track the locations of short-term rentals to ensure they
are consistent with the registered unit. Registration fees and TOT collection should offset the
cost of tracking and enforcement of short-term rentals.
Next Steps. After receiving direction from Council, staff will develop an ordinance for
consideration by the Planning Commission, possibly in August 2020 (tentative date). The
Planning Commission will make a recommendation to Council on the adoption of the ordinance.
In the interim, staff will conduct outreach to Airbnb, VRBO, and other hosting platforms, as well
as Burlingame -based "hosts."
FISCAL IMPACT
There is limited fiscal impact associated with preparing a short-term rentals ordinance for
Planning Commission review and City Council review and approval. The total amount of TOT
collected from short-term rentals will depend on occupancy rates and average nightly revenue.
Exhibits:
• December 2019 City Council Study Session Staff Report
• December 2019 City Council Study Session Minutes
• Example Ordinances (Redwood City and Millbrae)
rel
Example Short -Term Rental Ordinance:
City of Redwood City
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDWOOD
CITY ADDING SECTION 31.3 TO ARTICLE 31 OF THE REDWOOD CITY
ZONING ORDINANCE REGARDING REGULATIONS RELATING TO
SHORT-TERM RENTALS AS AN INCIDENTAL USE TO SPECIFIED
RESIDENTIAL USES
WHEREAS, the proposed Zoning Ordinance Amendment (the "Zoning Ordinance
Amendment") would add Section 31.3 to Article 31 of the Redwood City Zoning Ordinance
in order to codify short-term rentals as an incidental use to specified residential uses and
to establish rules and standards for such incidental use; and
WHEREAS, on November 21, 2017, the Planning Commission held a duly -noticed
public hearing on the proposed Zoning Ordinance Amendment and recommended
changes, namely removing the requirement for a business license and allowing short-
term rentals in accessory dwelling units; and
WHEREAS, on January 8, 2018, the City Council held a duly -noticed public
hearing on the proposed Zoning Ordinance Amendment and on said date the public
hearing was opened, held and closed; and
WHEREAS, at the public hearing the City Council considered the whole of the
record including, but not limited to, any written and oral public comments, staff reports
and staff presentations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDWOOD CITY
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The foregoing recitals are true and correct, are hereby incorporated
herein by this reference as if fully set forth in their entirety, and constitute findings in this
matter.
Section 2. The City Council hereby finds that the proposed Zoning Ordinance
Amendment is in the public interest and consistent with the Redwood City General Plan
as described in the staff report.
Section 3. This proposed Zoning Ordinance Amendment has been reviewed with
respect to applicability of the California Environmental Quality Act ("CEQA") and the State
CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.).
Passage of the Zoning Ordinance Amendment is not considered a project under Section
15378 as the activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment. Alternatively, the Zoning Ordinance Amendment is exempt
from CEQA as it can be seen with certainty that there is no possibility for causing a
ATTY/ORD.451/ZA ORDINANCE ADDING SECTION 31.3 TO ARTICLE 31 SHORT TERM RENTALS
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Page 1 of 7
significant effect on the environment (Section 15061(b)(3)) as described in the staff report.
Pursuant to CEQA Guidelines Section 15091(e), the documents and other materials that
constitute the record of proceedings upon which the City Council has based its decision
are located in and may be obtained from the Office of the City Clerk at 1017 Middlefield
Road, Redwood City, California. The City Clerk is the custodian of records for all matters
before the City.
Section 4. If any section, subsection, clause or phrase of this Zoning Ordinance
Amendment is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portion or sections of the Zoning Ordinance Amendment. The City
Council of the City of Redwood City hereby declares that it would have adopted the
Zoning Ordinance Amendment and each section, subsection, sentence, clause or phrase
thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared unconstitutional.
Section 5. The City Council of the City of Redwood City adopts the following
amendment to Article 31 of the Redwood City Zoning Ordinance by adding a new Section
31.3 as shown in Exhibit A, which is attached hereto and incorporated herein by
reference. Wording in brackets ([example]) is informational only and is not to be included
in the published ordinance. (Exhibit A)
Section 6. This Ordinance shall go into effect 30 days following its adoption.
ATTY/ORD.451/ZA ORDINANCE ADDING SECTION 31.3 TO ARTICLE 31 SHORT TERM RENTALS
REV: 03-07-18 PR
Page 2 of 7
FYhihif A
[Section 31.3 is hereby added to the Redwood City Zoning Ordinance as follows:]
"31.3 — Short -Term Rental Use Incidental to a Primary Residence
A. Purpose. The purpose of this section is to:
1. Allow limited short-term rental uses while preventing the loss of housing stock;
2. Preserve residential character and establish operating standards to reduce
potential noise, parking, traffic, property maintenance and safety impacts on
adjacent neighbors; and
3. Provide a registration process for the City to track and enforce these
requirements as needed and ensure appropriate collection of transient
occupancy taxes.
B. Definitions. For purposes of this section, the following definitions shall apply:
1. Adjacent properties. The dwelling units located next to the dwelling unit in which
the short-term rental is located.
2. Host. Any person who is the owner of record of residential real property or any
person who is a lessee of residential real property pursuant to a written agreement
for the lease of such real property, who offers a dwelling unit, or portion thereof,
for short-term rental either through a hosting platform or individually as an operator.
3. Hosting platform. A means through which a host may offer a dwelling unit, or
portion thereof, for short-term rental. A hosting platform includes, but is not limited
to, an internet-based platform that allows a host to advertise and potentially
arrange for temporary occupation of the dwelling unit, or portion thereof, through
a publicly searchable website, whether the short-term renter pays rent directly to
the host or to the hosting platform.
4. Primary residence. A primary residence is a dwelling unit where a person has been
physically present and that the person regards as home. A person may only have
one primary residence at any given time. Evidence of a person's primary residence
includes, but is not limited to, documentation from income tax statements or a
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Page 3 of 7
driver's license. If a property has multiple dwelling units, including an accessory
dwelling unit or apartment complex, each dwelling unit and accessory dwelling unit
shall be considered a separate residence subject to the primary residence
requirement.
5. Short-term rental. The use or possession of or the right to use or possess any room
or rooms, or portions thereof in any dwelling unit for residing, sleeping or lodging
purposes for less than 30 consecutive calendar days, counting portions of days as
full calendar days.
6. Short-term renter. A person who exercises occupancy or is entitled to occupancy
by reason of concession, permit, right of access, license or other agreement for a
period of less than 30 consecutive calendar days, counting portions of calendar
days as full calendar days.
C. Permitted Use. Short-term rental uses shall be permitted in any primary residence
subject to the requirements of this section, including compliance with the operating
standards, registration, Transient Occupancy Tax payments, and recordkeeping
obligations. Except as provided for in this section, all other short-term rental uses
shall be prohibited.
D. Operating standards. The following operating standards shall apply to short-term
rentals:
1. Legal Dwelling. Short-term rentals may only occur within legal dwelling units.
2. Limitation on Listings. Short-term rentals shall not have more than 2 listings for the
same primary residence on the same days.
3. Annual Limit. A primary residence may be occupied as a short-term rental for no
more than 120 days per calendar year where no host is present. There shall be
no limit on the number of days a primary residence may be occupied as a short-
term rental where the host is present. For purposes of this Section 31.3, a host
is considered present when they are on the premises at all times between the
hours of 10:00 p.m. and 6:00 a.m.
4. Local Contact Person. Hosts shall identify to all guests and all occupants of
adjacent properties a local contact person to be available 24 hours per day, 7 days
per week during the term of any unhosted stay. The designated local contact
person shall:
a. Respond within 60 minutes to complaints regarding the condition or
operation of the dwelling unit or the conduct of guests; and
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b. Take remedial action to resolve such complaints.
5. Parking. No additional parking shall be required for short-term rentals. Existing
on -site parking spaces shall be made available to short-term renters.
6. Special Event. Weddings, corporate events, commercial functions, and any other
similar events which have the potential to cause traffic, parking, noise or other
problems in the neighborhood are prohibited from occurring at the short-term
rental property, as a component of short-term rental activities.
E. Registration and Annual Renewal.
1. Application. Prior to advertising or making available the primary residence for
renting, hosts shall register their primary residence as a short-term rental with
the City. This registration shall be submitted on a form prepared by the City and
shall include the name and contact information of the host, the address of the
primary residence being used for short-term rental, the contact information for
the local contact person, an acknowledgement of compliance with the
requirements of the City's Zoning Ordinance, Municipal Codes, applicable health
and safety standards, and other information as requested.
2. Fee. The registration form shall be accompanied by a filing fee in an amount
established by resolution of the City Council and updated from time to time.
3. Application Completeness. The submitted information shall be used to determine
whether to register the short-term rental. The host will be notified if an application
is incomplete. If the host fails to timely submit the required information or fees
necessary to complete the application, the application shall expire and be
deemed withdrawn.
4. Decision. The City Manager or his/her designee shall be responsible for deciding
short-term rental registration applications. After an application is deemed
complete, registration shall be approved where:
a. The host demonstrates the ability to meet the requirements of this chapter,
b. The subject primary residence is not the subject of an active compliance
order or administrative citation from the City in the past 12 months, and
c. A short-term rental registration for the primary residence has not been
denied or revoked in the prior 24-month period.
5. Validity. An approved registration shall be valid and payable on a fiscal year
basis. An approved registration shall be personal to the host and shall
automatically expire upon sale or transfer of the dwelling unit. No registration may
be assigned, transferred, or loaned to any other person.
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6. Annual Renewal. A registration may be renewed annually upon payment of
registration renewal fees and all required transient occupancy tax remittance
associated with the short-term rental. The host shall submit such information
concerning the short-term rental activity as may be required to enable the tax
collector to verify the amount of tax paid. Failure to renew prior to the expiration
date will result in expiration of the registration.
7. Requirements Not Exclusive. The issuance of a short-term rental registration
shall not relieve any person of the obligation to comply with all other provisions
of this code applicable to the use and occupancy of the property.
8. Administrative Policy. The City Manager or his/her designee shall have the
authority to develop administrative policies to implement the intent of this
Chapter.
F. Transient Occupancy Tax (TOT). Transient occupancy taxes must be collected for
short-term rentals and paid to the City pursuant to Chapter 32, Article IV of the
Redwood City Code. Collection of transient occupancy taxes for short-term rentals
shall be the responsibility of the host. The hosting platform shall collect TOT when
they have signed a voluntary collection agreement (or equivalent) with the City.
G. Enforcement.
1. Revocation of Registration. A short-term rental registration issued under the
provisions of this Section may be revoked by the Zoning Administrator after
notice and hearing as provided for in this Section, for any of the following
reasons:
a. Fraud, misrepresentation, or false statements contained in the application;
b. Fraud, misrepresentation, or false statements made in the course of carrying
on a short-term rental as regulated by this Section;
c. Any violation of any provision of this Section or of any provision of this code;
or
d. Any violation of any provision of federal, state or local laws.
2. Revocation Hearing. Before revoking a short-term rental registration, the Zoning
Administrator shall give the responsible host notice in writing of the proposed
revocation and of the grounds thereunder, and also of the time and place at which
the host will be given a reasonable opportunity to show cause why the registration
should not be revoked. The notice may be served personally upon the host or may
be mailed to the host at the last known address or at any address shown upon the
application at least 10 days prior to the date of the hearing. Upon conclusion of
the hearing the Zoning Administrator may, for the grounds set forth herein, revoke
the registration.
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3. Appeal from Denial or Revocation of Registration. Any host whose application has
been denied or registration has been revoked shall have the right to an
administrative appeal before the City Manager or a designated hearing officer. An
appeal shall be filed in writing on a form provided by the City stating the grounds
therefor within 10 days of the decision. The City Manager or designated hearing
officer shall hold a hearing thereon within a reasonable time and the decision shall
be final.
4. Waiting Period. Any host whose registration has been denied or revoked shall be
ineligible from applying for a new registration for a 24-month period.
5. Records of Compliance. The host shall retain records documenting the
compliance with these requirements for a period of three (3) years after each
period of short-term rental, including but not limited to records showing payment
of transient occupancy taxes by a hosting platform on behalf of a host. Upon
reasonable notice, the host shall provide any such documentation to City upon
request for the purpose of inspection or audit to the City Manager or his/her
designee.
6. Violations. Penalties as provided for in Article 50 (Enforcement) may be imposed
for failure to comply with the provisions of this Section.
H. Amnesty Period for Short -Term Rentals. Notwithstanding any other provision of law,
short-term rentals operating on or before the enactment of this ordinance shall be
considered existing, unpermitted uses. An amnesty period of one year after the
effective date of this ordinance is being offered to allow these existing, unpermitted
uses to be legalized by conforming to the requirements of this Section, including
compliance with operating standards, registration, and recordkeeping obligations.
Transient Occupancy Tax payments continue to be required at all times for short-term
rentals and must be collected and paid during the amnesty period. Applications to
bring an existing, unpermitted short-term rental use into compliance shall be made on
or before one year after the effective date of this ordinance. Existing short-term rental
uses that do not conform to the requirements of this section shall cease operation
within one year of the effective date of this ordinance and shall be prohibited from
resuming unless and until the use conforms to the requirements of this Section.
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Example Short -Term Rental Ordinance
and Application Materials:
City of Millbrae
ORDINANCE NO. 771
CITY OF MILLBRAE, COUNTY OF SAN MATEO
STATE OF CALIFORNIA
AN ORDINANCE AMENDING CHAPTER 3.30 OF TITLE 3, CHAPTER 5.100 OF TITLE 5,
AND CHAPTER 10.05 OF TITLE 10, AND ADDING CHAPTER 7.30 OF TITLE 7 OF THE
MILLBRAE MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF SHORT-TERM
RESIDENTIAL RENTALS AND COLLECTION OF TRANSIENT OCCUPANCY TAXES
THEREFROM
WHEREAS, short-term residential rentals (STRRs) are a form of rental wherein the
lessor leases all or part of a single family dwelling, a unit in a multi -family dwelling, or an
accessory dwelling unit to a renter for residential purposes for durations fewer than 30
consecutive days; and
WHEREAS, many Millbrae residents operate or desire to operate STRRs out of their
homes as a means of generating extra income; and
WHEREAS, the City benefits from STRRs through increased tourism and commercial
activity; and
WHEREAS, STRRs have the potential to cause disturbances in residential
neighborhoods and impact the well-being of the surrounding community; and
WHEREAS, the City desires to permit and regulate STRRs in a manner that minimizes
the impact on neighbors while maximizing the benefit to the community; and
WHEREAS, many individuals renting STRRs do so through new methods not
adequately addressed by the City's transient occupancy tax collection system; and
WHEREAS, staff recommends amending Title 3, Chapter 3.30 "Uniform Transient
Occupancy Tax" of the Millbrae Municipal Code to provide for the collection of transient
occupancy tax from STRRs; and
WHEREAS, staff recommends amending Title 5, Chapter 5.100 "Response to Unruly
Gatherings" of the Millbrae Municipal Code to provide law enforcement with additional remedies
to address unruly disturbances arising out of STRRs; and
WHEREAS, staff recommends adding Title 7, Chapter 7.30 "Short -Term Residential
Rental Permits" of the Millbrae Municipal Code to provide for a permitting and regulatory
scheme for STRRs; and
WHEREAS, staff recommends amending Title 10, Chapter 10.05 "Zoning" of the
Millbrae Municipal Code to include STRRs as a permitted use in all zoning districts where
residential uses are allowed, subject to certain conditions.
14381245.10
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF MILLBRAE DOES ORDAIN AS
FOLLOWS:
SECTION 1: AMENDMENT OF CHAPTER 3.30 UNIFORM TRANSIENT OCCUPANCY TAX
Subsection A. Section 3.30.020 "Definitions" is hereby amended to add subsection (H)
as follows:
H. "Hosting Platform" means a means or facility through which an operator may offer a
short-term residential rental unit, or portion thereof, for occupancy by a transient. A hosting
platform includes, but is not limited to, an internet-based platform that allows an operator to
advertise and arrange for occupancy of a commercial lodging or short-term residential rental by
a transient, whether the transient pays rent directly to the operator or to the hosting platform.
Subsection B. Section 3.30.060 "Registration" is hereby amended and restated in its
entirety to read as follows:
Section 3.30.060 Registration
Within ten days after commencing business, each operator of any hotel renting occupancy to
transients shall register said hotel with the tax administrator and obtain from him a "Transient
Occupancy Registration Certificate" to be at all times posted in a conspicuous place on the
premises. An application for a Transient Occupancy Registration Certificate must include
whether the operator intends to collect and remit transient occupancy tax through a hosting
platform, and the identity of any hosting platform the operator intends to use.
Said certificate shall, among other things, state the following:
A. The name of the operator;
B. The address of the hotel;
C. The date upon which the certificate was issued;
D. The following statement: "This Transient Occupancy Registration Certificate signifies that
the person named on the face hereof has fulfilled the requirements of the Uniform Transient
Occupancy Tax Ordinance by registering with the Tax Administrator for the purpose of collecting
from transients the Transient Occupancy Tax and remitting said tax to the Tax Administrator.
This certificate does not authorize any person to conduct any unlawful business or to conduct
any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with
all local applicable laws, including but not limited to those requiring a permit from any board,
commission, department or office of this City. This certificate does not constitute a permit."
Subsection C. Section 3.30.070 "Reporting and remitting" is hereby amended and
restated in its entirety to read as follows:
3.30.070 Reporting and remitting
A. Each operator shall on or before the tenth day of each month, or at the close of any shorter
reporting period, or longer reporting period, which may be established by the tax administrator,
make a return to the tax administrator, on forms provided by him, of the total rents charged and
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received, the amount of tax collected for transient occupancies during the preceding calendar
month, the amount of tax collected on the operator's behalf by a hosting platform, the identity of
the hosting platform that has participated in each transaction, the total number of rooms
available, and the number of rooms rented.
B. The tax administrator may, but he is not required to establish longer reporting periods for
any operator if he deems it necessary by reason of the internal accounting and accounts
payable system of that operator.
C. Returns and payments are due immediately upon cessation of business for any reason.
D. All taxes collected by operators pursuant to this chapter shall be held in trust for the
account of the city and shall be promptly deposited in a separate account maintained in the
name of the operator as trustee in a commercial bank or other financial institution, until payment
hereof is made to the tax administrator. Each operator shall notify the city of the name and
address of the commercial bank or financial institution with whom the trustee account is
maintained.
Subsection D. Section 3.30.075 "Collecting and remitting by hosting platforms" is
hereby added to read as follows:
Section 3.30.075 Collecting and remitting by hosting platforms
Any hosting platform may enter into an agreement with the City for the collection and remittance
of transient occupancy taxes on behalf of operators. Where a hosting platform has entered into
such an agreement, the hosting platform has the same duties and liabilities of the operator
under Chapter relating to collection and remission of transient occupancy taxes. Compliance
with the provisions of this Chapter by either the operator or the hosting platform is considered to
be compliance by both. Notwithstanding the foregoing, agreements for collection and
remittance of transient occupancy taxes by hosting platforms do not relieve operators of other
requirements imposed by this Chapter beyond the scope of the agreement, including, without
limitation, reporting and recordkeeping requirements. Each hosting platform collecting rent or
transient occupancy tax for hotels in the City must register in its own name and post its
Transient Occupancy Registration Certificate on its website, if applicable.
Notwithstanding the foregoing, the tax administrator, at his or her sole discretion, may require a
hosting platform that collects payment of rent on behalf of an operator of a hotel in the City to
comply with Section 3.30.050 and Section 3.30.070 on behalf of the operator without an
agreement.
SECTION 2: AMENDMENT OF CHAPTER 5.100 UNRULY DISTURBANCES
Subsection A. Section 5.100.050 "Collection of charges" is hereby amended and
restated in its entirety to read as follows:
Section 5.100.050 Collection of charges
The person or persons in charge of the premises and the person or persons in charge of the
unruly gathering, or if any such person is a minor, then the parent or guardians of such person,
shall be jointly and severally liable for the cost of providing the special emergency security
services as provided in this section. If the property is rented as a short-term residential rental at
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14381245.10
the time of the unruly disturbance, the permittee and authorized agent, as those terms are
defined in Chapter 7.30 of this Code, are jointly and severally liable with all other persons in
charge of the premises or gathering for the costs of providing the special emergency security
services.
Within ten days of the second call to an unruly gathering, the chief of police or his designee
shall calculate the charges payable under this section and shall cause a bill to be produced and
sent to the persons responsible for such charges.
In the event that such a bill is not paid, in cash, within thirty days of its issuance, the bill shall be
referred to the city attorney for appropriate collection activity.
SECTION 3: ADDITION OF CHAPTER 7.30 SHORT-TERM RESIDENTIAL RENTAL
PERMITS
Subsection A. Chapter 7.30 "Short -Term Residential Rental Permits" is hereby added
to Title 7 of the Millbrae Municipal Code to read as follows:
7.30.010 Scope, Purpose and Findings.
1. The purposes of this chapter (which may be referred to as the "Short -Term Residential
Rental Ordinance") are to document the procedures and regulations that govern the application
for, and the issuance and implementation of, permits for the operation of any short-term
residential rental use within the city.
2. The City Council hereby finds that unregulated transient occupancy uses in residential and
nonresidential districts present a threat to the public welfare relating to compatibility with
residential uses and preservation of the character of the neighborhoods in which they are
located, and to the availability of housing stock in compliance with the Housing Element of the
General Plan.
3. The City Council hereby finds that the adoption of a comprehensive ordinance regulating
the issuance of and operating conditions attached to short-term residential rental permits is
necessary to protect the public health, safety and welfare. The purpose of this section is to
provide a permit system and to impose operational requirements to minimize the potential
adverse impacts of transient uses in residential neighborhoods and zoning districts on traffic,
noise and density, to ensure the health, safety and welfare of renters and guests patronizing
short-term residential rentals, as well as the adjacent occupants, and to impose limitations on
the permits issued in order to ensure the long term availability of housing stock in compliance
with the Housing Element of the City of Millbrae General Plan.
4. The City Council hereby finds that the provisions of this section which impose restrictions
on commercial speech, pursuant to the restrictions on advertisements, are necessary in order to
advance the city's legitimate interest in preventing rental activity that violates this code, and in
regulating fraudulent, misleading, or deceptive advertising. These restrictions on advertising are
necessary in order to prevent advertisers from engaging in unlawful rental activity and from
misleading the general public to think that a particular property in the City of Millbrae is available
for transient occupancy if, in fact, the advertised property is not authorized to be used for
transient occupancy purposes in accordance with this section.
5. The City Council hereby finds that the city's regulation of short-term residential rental uses
in accordance with this section is a valid exercise of the city's police power in furtherance of the
legitimate governmental interests documented in this section.
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7.30.020 Definitions.
As used in this section:
"Authorized Agent" means the person specifically authorized by an permittee of an non -hosted
unit to represent and act on behalf of the permittee and to act as an operator, manager and
contact person of a non -hosted unit, and to provide and receive any notices identified in this
section on behalf of the permittee. The authority to operate and manage the short-term
residential rental Unit must include the authority to enter the unit at any time while rented for the
purposes of verifying compliance with applicable laws. The authorized agent may include the
permittee, or persons other than the permittee.
"Director" means the Director of the Community Development, or a designee of the Director of
Community Development.
"Enforcement Officer" means the Director, Chief Building Official, Fire Marshall, City Code
Enforcement Officer, City Department Manager (to the extent responsible for enforcing
provisions of this code), peace officer, or any other city employee designated by the Director,
City Manager, or Section 1.05.020 to enforce this Chapter.
"Guest" means an invitee of a renter or other person visiting a renter of a short-term residential
rental unit who does not rent the unit.
"Hosted Unit" means a short-term residential rental at which the permittee and sleeps while it is
being rented, and at which no more than two bedrooms are rented for transient occupancy at a
given time pursuant to this Chapter.
"Nighttime Hours" means 9:00 p.m. to 7:00 a.m. Sunday through Thursday evenings and 10:00
p.m. to 7:00 a.m. Friday and Saturday evenings.
"Non -Hosted Unit" means a short-term residential rental that is not a hosted unit.
"Permittee" means the person to whom a short-term residential rental permit is issued pursuant
to this Chapter.
"Primary Residence" means a dwelling unit where a person is domiciled, and resides for at least
265 nights per year. A person may only have one primary residence at any given time. If a
property has multiple dwelling units, including duplexes, triplexes, and properties with accessory
dwelling units, each unit is considered a separate residence subject to the primary residence
requirement.
"Renter" means a person, other than a permittee, renting or occupying a short-term residential
rental Unit for compensation of any kind in accordance with the terms of this Chapter.
"Short -Term Residential Rental" is defined in Section 10.05.0200. "Short-term residential rental'
includes all hosted units, and all non -hosted units.
"Short -Term Residential Rental Unit" means the structure in which a short-term residential rental
use is operating.
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14381245.10
7.30.030 Short -Term Residential Rental Permit Required
Operating a short-term residential rental unit without a short-term residential rental permit,
including, without limitation, advertising, booking guests, and accepting monetary compensation
for lodging, is prohibited.
7.30.040. Applications for Short -Term Residential Rental Permits
A complete application for a short-term residential rental permit must contain all of the following:
A. The following information documented in a form acceptable to the Director:
1. The name of the applicant and contact information for the applicant.
2. The address of the proposed short-term residential rental unit.
3. Proof of ownership of the proposed short-term residential rental unit, or proof of
the property owner's consent to the property's use as a short-term residential
rental.
4. Documentation that establishes the proposed short-term residential rental unit is
the applicant's primary residence.
i. If the applicant seeks to rent the short-term residential rental as a non -
hosted unit, identify at least two authorized agents (include the name,
mailing address, email address, and telephone number) and adequate
documentation to establish that the authorized agents have the authority
to operate and manage the unit.
5. The number of bedrooms and approximate square footage in the short-term
residential rental unit, and the maximum number of overnight occupants under
the limitations imposed under Section 7.30.070.
6. Documentation establishing that all designated bedrooms meet all applicable
local building and safety code requirements.
7. The number and location of designated on -site parking spaces, and the
maximum number of vehicles allowed for overnight occupants.
8. A proposed notification to neighbors, conforming with the requirements of
Section 7.30.060.
9. A copy of the applicant's transient occupancy tax registration certificate.
10. Agreement to hold harmless, indemnify and defend the city against claims and
litigation arising from the operation of the short-term residential rental.
11. Agreement to comply with all applicable laws and permit conditions, including the
short-term residential rental operating restrictions set forth in Section 7.30.070.
12. Certification of the information submitted.
13. Any other information the Director deems necessary to process the application.
B. A permit fee to cover the costs of the application and the administration of the City's
regulatory program, in an amount determined by the Council. The fee may be
prorated for applications submitted for a partial year.
C. For tenants and applicants to rent non -hosted units, a refundable deposit of $1,000
to cover recoverable costs and penalties, including citations, cleanup and emergency
response costs, incurred by the City relating to the short-term residential rental. If
the City draws on the deposit, the permittee must replenish the deposit within 30
days following a written request. The Director may require a larger or smaller
deposit for good cause as a condition of approval.
D. The Director may develop a process for renewal of short-term residential rental
permits that allows the City to verify the applicant's continued compliance with this
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Chapter. At the Director's discretion, a permit renewal may require less information
than the initial application.
7.30.050 Permit Processing
Upon receipt of an application, the Director will determine whether the application is complete.
If the application is incomplete, the Director will notify the applicant. If the applicant fails to
submit the required information or fees necessary to complete the application in a timely
manner, the Director may deem the application withdrawn and return all submittals to the
applicant.
The Director will approve a complete application where the applicant demonstrates: 1) the ability
to meet the requirements of this chapter; 2) the short-term residential rental use will not be
detrimental to the public health, safety, or welfare; 3) the applicant has not had a short-term
residential rental permit revoked in the prior 24-month period; and 4) no more than three
violations of applicable federal, state, or local law, regulation, or permits relating to a short-term
residential rental operated by the applicant, including, without limitation, violations of this
Chapter, have occurred in the past 24-month period; 5) the applicant has no delinquent
transient occupancy tax payments, fees, or penalties relating to the short-term residential rental
Unit. For the purposes of this Section, all violations by renters, guests, and the permittee of the
same provision at the same time on the same day constitute a single violation.
Notwithstanding the foregoing, the Director may impose reasonable conditions on a permit
where the Director determines that the condition will enhance the public health, safety, or
welfare of the permittee, renters, or neighbors. The Director must provide a written statement
explaining any decision to deny or conditionally approve an application.
7.30.060 Notice to Neighbors
Within 30 days of approving a short-term residential rental permit, the Director must provide to
all property owners within 500 feet of the permit:
A. A concise summary of the terms of the permit, including: (i) the maximum number of
daytime and nighttime hours occupants permitted in the short-term residential rental unit; (ii) the
maximum number of vehicles which are allowed to be parked on the property; (iii) any
conditions applied to the short-term residential rental permit; and (iv) how to obtain a complete
copy of the permit and this section.
B. The name and contact information, including telephone numbers and emails where the
permittee (for a hosted unit) or the authorized agents (where the permit includes operation of a
non -hosted unit) of the short-term residential rental may be reached at all times, 24 hours per
day while the short-term residential rental unit is rented, and the location of the City's registry of
short-term residential rental registry for permittees and authorized agents.
C. The City of Millbrae Code Enforcement telephone number and the Sheriffs non -
emergency number where members of the public may report violations of the short-term
residential rental permit.
7.30.070 Short -Term Residential Rental Permits
A. A short-term residential rental permit allows the permittee to rent the short-term residential
rental unit for an unlimited number of nights as a hosted unit, and if approved by the Director, up
to 100 nights as a non -hosted unit during the duration of the permit.
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B. Renters must comply, and permittees must ensure compliance of their renters, with the
following rules:
1. Nighttime hours occupancy of the short-term residential rental may not exceed two
persons per bedroom, plus two additional persons per short-term residential rental Unit.
For the purposes of this section, a studio is considered to have zero bedrooms.
2. Daytime occupancy is limited to twice the nighttime occupancy of the short-term
residential rental.
3. No additional parking is required for short-term residential rental units. The number
of vehicles of renters and guests is limited to the number of onsite parking spots.
permittees must make existing on -site parking spaces available to renters and guests.
4. The permittee must provide appropriate refuse and recycling service for the short-
term residential rental Unit. The property must be free of debris both onsite and in the
street. Trash cans must not be placed on the street prior to 24 hours before the
scheduled pick-up day and must be promptly removed from the street following service.
5. Renters and/or guests of the short-term residential rental unit may not create
unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions
of this Code or any state law pertaining to noise or disorderly conduct; provided,
however, that the city does not intend to authorize, and the city does not authorize, the
permittee to act as a peace officer or place himself or herself in harm's way.
6. Weddings, corporate events, commercial functions, and any other similar events
which have the potential to cause traffic, parking, noise or other problems in the
neighborhood are prohibited from occurring at the short-term residential rental unit as a
component of short-term residential rental activities.
7. Smoking, including, without limitation, smoking of tobacco or cannabis, is not
allowed inside short-term residential rental units.
8. Renters and guests must comply with all applicable federal, state, and local laws,
regulations, ordinances, and permit conditions.
C. As part of the application for rental, the permittees must require prospective renters to sign
an agreement acknowledging the rules set forth in this section and promising to comply with
them. The permittee must post the rules in a prominent location inside the short-term residential
rental unit.
D. Each written advertisement (whether paper or electronic form) for a short-term residential
rental use must include the permittee's "City of Millbrae Certified Short -Term Residential Rental"
permit number and business license number as part of the rental offering.
E. Violation of any operating restriction by a renter or guest, and failure to prevent the
violation by the permittee are separate offenses. Permittees are strictly liable for failing to
prevent violations by their renters and guests of their renters.
F. The permittee must comply with all applicable laws, including, without limitation, all
requirements of the Business License Ordinance (Chapter 7.05 of this code) and the Transient
Occupancy Tax Ordinance (Chapter 3.30 of this code) for the short-term residential rental use.
G. Effectiveness of each short-term residential rental permit is conditioned upon the applicant
obtaining a City business license.
H. Each short-term residential rental permit expires on at the end of the fiscal year in which it
is issued. The City's fiscal year currently runs from July 1 to June 30.
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I. A permittee whose permit does not include the authority to rent as a non -hosted unit may
request to operate the hosted unit as a non -hosted unit by providing the Director by complying
with the requirements of Section 7.30.040(A)(4)(i) and 7.30.040(C). The Director may impose
conditions that will enhance the public health, safety, or welfare of the permittee, renters, or
neighbors, and may alter the amount of the deposit for good cause.
J. Each short-term residential rental permit is personal to the permittee to whom it is issued.
short-term residential rental permits are non-transferrable.
K. The Director may promulgate further regulations necessary or convenient to further the
purposes of this chapter.
7.30.080 Authorized Agents
A. When the short-term residential rental unit is rented, the permittee (for a hosted unit) or at
least one authorized agent (for a non -hosted unit) must respond to all telephone and email
messages relating to issues of permit compliance or the health, safety, or welfare of the public
or the renter at the short-term residential rental unit within 30 minutes at all times, 24 hours per
day.
B. The permittee (for a hosted unit) or at least one authorized agent (for a non -hosted unit)
must be on the premises of the short-term residential rental unit within one hour of being notified
by a renter, the Director, or an enforcement officer that there is a need to address an issue
relating to permit compliance or the health, safety, or welfare of the public or the renter.
C. A permittee for a non -hosted unit may change any authorized agent listed on the permit
with at least 48 hours -written notice to the Director. The notice must include sufficient
documentation to establish that the proposed authorized agent has the authority to manage and
operate the unit.
D. The City will maintain a public registry of permittees (for hosted units), authorized agents
(for non -hosted units), and their contact information.
7.30.090 Permit Revocation
At any time during the term of a short-term residential rental permit, the Director is authorized to
initiate proceedings to revoke or modify the permit, if the Director determines in his or her
discretion that: (1) the short-term residential rental use is detrimental to the public health, safety,
or welfare; (2) the permittee has provided materially false or misleading information in any
submittal required under this chapter; (3) the permittee has failed to make any payments of
taxes, penalties, or costs owed to the City within 30 days of when such payment is due; (4)
three or more violations of any applicable federal, state, or local law, regulation, or permit,
including, without limitation, this chapter, relating to a short-term residential rental operated by
the permittee have occurred within the previous 24-month period; (5) the short-term residential
rental unit is no longer the permittee's primary residence.
For the purposes of this section all violations by permittees, renters, and guests of the same
provision at the same time on the same day constitute a single violation.
The Director must give the permittee written notice of the proposed revocation, the grounds for
the proposed revocation, and the time and place at which the permittee will be given a
reasonable opportunity to show cause why the permit should not be revoked. The notice may be
served personally upon the permittee or may be mailed to the permittee at the address of the
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14381245.10
short-term residential rental at least 10 days prior to the date of the hearing. Upon conclusion of
the hearing the Director may revoke the permit for the grounds stated above or modify the
permit to include conditions the Director deems sufficient to remedy the grounds for the
revocation.
7.30.100 Enforcement
Violations of this chapter are subject to penalties as stated in Section 1.05.010 of this Code,
except that violations of Section 7.30.030 are subject to a fine of up to $1,000 per violation.
Each day, or portion thereof, in which a violation continues is a new violation.
Nothing herein prevents the City from enforcing violations of this chapter by any other means
authorized by law.
7.30.110 Appeal
Any decision by the Director made pursuant to this chapter, including on an application or in a
permit revocation hearing is appealable pursuant to Section 10.05.2700 et seq. of this Code.
SECTION 4: AMENDMENT OF CHAPTER 10.5 ZONING
Subsection A. Section 10.05.200 "Definitions" is hereby amended to insert the
following definition:
"Short-term residential rental" means all or part of a single family dwelling, a unit in a multi-
family dwelling, or accessory dwelling unit offered for compensation for the purpose of sleeping,
residing, lodging or other similar activities for fewer than 30 consecutive calendar days, counting
portions of days as full calendar days. A short-term residential rental is distinguished from a
"commercial lodging" and a "boarding house/room inghouse" in that the units used as short-term
residential rentals are of the type typically occupied by permanent residents as a house or an
apartment. A short-term residential rental is distinguished from a "bed and breakfast" in that
short-term residential rentals may, but need not be, single-family residences, and need not
serve breakfast.
Subsection B. The row "Accessory Uses" in Section 10.05.410 "Land Use Table" is
hereby amended to include the row depicted in Exhibit A, attached hereto and incorporated by
reference.
Subsection C. Section 10.05.510 "Uses" of Article V "Single -Family Residential Large
Lot or "R-1 LL" District" is hereby amended and restated in its entirety to read as follows:
10.05.0510 Uses.
The following uses shall be permitted, conditional, or accessory uses in the R-1 LL district:
A. Permitted uses: single-family dwellings and state -regulated residential care facilities.
B. Conditional uses: places of worship, schools (pre-K and K through twelve), country clubs,
golf courses, parks, utility services, wireless communications facilities, and bed and breakfasts.
C. Accessory uses: home occupations, short-term residential rentals.
Subsection D. Section 10.05.510 "Uses" of Article VI "Single -Family Residential or "R-
1" District" is hereby amended and restated in its entirety to read as follows:
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14381245.10
10.05.0610 Uses.
The following uses shall be permitted, conditional or accessory uses in the R-1 district:
A. Permitted uses: single-family dwellings and state -regulated residential care facilities.
B. Conditional uses: places of worship, schools (pre-K and K through twelve), country clubs,
golf courses, parks, utility services, wireless communications facilities, and bed and breakfasts.
C. Accessory uses: home occupations, short-term residential rentals.
Subsection E. Section 10.05.710 "Uses" of Article VI "Duplex/Triplex Residential or "R-
2" District" is hereby amended and restated in its entirety to read as follows:
10.05.0710 Uses
The following uses shall be permitted, conditional, or accessory uses in the R-2 district:
A. Permitted uses: single-family dwellings, duplexes, triplexes, and state -regulated residential
care facilities.
B. Conditional uses: care facilities, places of worship, schools (pre-K and K through twelve),
parks, utility services, wireless communications facilities, and bed and breakfasts.
C. Accessory uses: home occupations, short-term residential rentals.
Subsection F. Section 10.05.810 "Uses" of Article VIII "Multifamily Residential or "R-3"
District" is hereby amended and restated in its entirety to read as follows:
10.05.0810 Uses
The following uses shall be permitted, conditional, or accessory uses in the R-3 district:
A. Permitted uses: single-family dwellings, duplexes, triplexes, multiple -family dwellings, care
facilities, and state -regulated residential care facilities.
B. Conditional uses: rooming and boarding houses, clubs and lodges, community centers,
places of worship, schools (pre-K and K through twelve), parks, utility services, wireless
communications facilities, medical offices, professional offices, bed and breakfasts, and
commercial lodging.
C. Accessory uses: home occupations, short-term residential rental.
Subsection G. Section 10.05.1010 "Uses" of Article X " Commercial or "C" District" is
hereby amended and restated in its entirety to read as follows:
10.05.1010 Uses
The following uses shall be permitted, conditional, or accessory uses in the C district:
C. Accessory uses: drive -through facilities, home occupations, outdoor dining, and outdoor
display of merchandise, short-term residential rentals.
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14381245.10
Subsection H. Section 10.05.1120 "Uses" of Article XI "Downtown Improvement Area
or "DIX District" is hereby amended and restated in its entirety to read as follows:
10.05.1120 Uses
C. Accessory Uses.
Primary frontage: outdoor dining and outdoor display of merchandise.
2. Secondary frontage: home occupations, short-term residential rentals, and outdoor display
of merchandise.
Subsection I. Section 10.05.1930 "Short -Term Residential Rental" of Article XIX
"Accessory Uses" is hereby added to read as follows:
10.05.1930 Short -Term Residential Rental
A. Requirements
1. Only single family homes, units in duplexes, triplexes, and multifamily dwellings,
and accessory dwelling units may be rented, in whole or in part, as short-term residential
rentals provided they are located in a zoning district where allowed as accessory uses.
2. Short-term residential rentals are subject to the operating restrictions set forth in
Chapter 7.30 of this Code.
B. Permits
No person may operate a short-term residential rental without a short-term residential rental
permit as described in Chapter 7.30 of this Code.
SECTION 4: CEQA
This ordinance is not subject to the California Environmental Quality Act ("CEQA")
pursuant to §§ 15060 (c)(2) (the activity will not result in a direct or reasonable foreseeable
indirect physical change in the environment), 15303 (the activity is a conversion of an existing
small structure from on use to another with no modifications to the exterior of the structure) and
15060 (c)(3) the activity is not a project as defined in § 15378 of the CEQA Guidelines (Title 14,
Chapter 3 of the California Code of Regulations) because it has no potential for resulting in
physical change to the environment, directly or indirectly; it prevents changes in the
environment pending the completion of the contemplated studies. This ordinance also is exempt
from CEQA pursuant to the "common sense" exemption under § 15061(b)(3) of the CEQA
Guidelines, because the City Council hereby determines and finds that there is no possibility
that the ordinance may have a significant effect on the environment.
SECTION 5: SEVERABILITY
If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of the ordinance, including the application of such
part or provision to other persons or circumstances shall not be affected thereby and shall
continue in full force and effect. To this end, the provisions of this ordinance are severable. The
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14381245.10
City Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be held
unconstitutional, invalid or unenforceable.
SECTION 6: EFFECTIVE DATE; PUBLICATION
This Ordinance shall be in full force and effect thirty (30) days from and after the date of its
passage. At least five (5) days prior it its adoption and within fifteen (15) days after its adoption,
a summary of the Ordinance shall be published once in a newspaper of general circulation
published in the County of San Mateo and circulated in the City of Millbrae.
INTRODUCED at a regular meeting of the City Council of the City of Millbrae held on July 24,
2018.
PASSED and ADOPTED at a regular meeting of the City Council of the City of Millbrae held on
July 30, 2018 by the following vote:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS:
EXCUSED, COUNCILMEMBERS:
APPROVED:
MAYOR of the City offAillbrae
Papan, Lee, Schneider and Holober
Oliva
,4;1 a-__ --T131IIb
ACTING CITY CLERK of the City of Millbrae
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14381245.10
SHORT TERM RESIDENTIAL RENTAL (STRR) ORD. 771
APPLICATION PROCESS AND FEES
Updated 3/4/20
APPLICATION PROCESS
1. Submit a Short -Term Residential Rental Application for Planning Division review (including property
deed and proof of residency).
2. Pay all required fees at the Finance Department.
3. Request to schedule a Building Safety inspection with the Building Official.
4. Transient Occupancy Certificate issued by Planning Department upon application review and approval.
5. Renewal of the Transient Occupancy Certificate is required annually by July 11t
6. TOT payment is required monthly by 101" of each month (ex. Jan 1-31 is due by Feb. 10t"). If late there
is a penalty and interest.
7. Business License renewal fee required annually by July 1st
FEES
Application Submittal Requirements
Fee
Due Date
1. Payment of Transient Occupancy Tax (TOT)
12% of taxable receipts
Monthly,
b 10t" of month
2. STRR permit application
$100
Annually (by July 1st)
and Transient Occupancy Certificate
3. Building Safety Inspection
$85
One time
4. Business License:
• Tax
$64 + $4.25 per bedroom
Annually (by July 1st)
• Application Fee (New)
$78
• Renewal Fee
$52
Annually (by July 1st)
5. Home Occupation License
$66
One Time
* If applicant is registering an existing STRR, applicant to pay TOT for the past 3 years.
SHORT TERM RESIDENTIAL RENTALS (STRRs) OCCUPANCY LIMITS
Studio/Bedrooms Night Occupancy* Day Occupancy**
1 Studio (0 Bedrooms) 2 4
1 Bedroom 4 8
2 Bedrooms 6 12
3 Bedrooms 8 16
* 2 persons per bedroom available for rent + 2.
** Limited to twice the night time occupancy.
NOTE: Accessory Dwelling Units (ADUs) are considered separate units and cannot be rented as
STRRs, unless it is the primary residence of the applicant.
Definitions:
Hosted Use: Primary resident resides and sleeps on site and is able to rent out up to
two (2) rooms
Non -hosted Use: Primary resident resides and sleeps 265 days a year on site and
when are not there (non -hosted), must dedicate 2 agents (managers) to manage the
property. Therefore, the non -hosted use of the primary residence is limited to 100 days
with two dedicated agents (managers).
Revised 3.3.20
IT U
M I L L B R A E
r
Applicant / Operator Information
The Short Term Residential Rental must be the Applicant / Operator's Primary Residence
(lame of Applicant / Operator:
Email Address:
Street Address of Short Term Rental / Current Address (including Unit # ):
City: MILLBRAE State: CA Zip:
www.ci.millbrae.ca.us
Inquiries: (650)259-2341
Phone:
This is the primary contact person for renters / guests
List any and all online hosting platforms (e.g. Airbnb, HomeAway) on which you plan to list your unit, including personal webpages:
Upon approval by the Millbrae Community Development Department indicated by signature below, this Transient
Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of
the Uniform Transient Occupancy Tax Ordinance by registering with the Tax Administrator for the purposesof collecting
from transients the Transient Occupancy Tax and remitting said tax to the Tax Administrator. This certificate does not
authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to
operate a hotel without strictly complying with all applicable laws, including but not limited to those requiring a permit
from any board, commission, department or office of this City. This Certificate does not constitute a permit.
By signing below, Operator certifies the following under penalty of perjury:
The Short Term Residential Rental (STRR) is the Operator's primary residence
• Operator will pay all taxes including but not limited to Transient Occupancy (TOT) and Business License Tax when
due.
Operator understands that they are responsible for payment of taxes and submittal of required information to the
City even if the operator of website collects taxes and fails to remit timely
• That all information in this application is accurate.
Signature of Applicant / Operator:
Approval of City (Community Development Department):
ignature
Name:
Title:
Date:
Date:
Date:
If another person will be managing your bookings and/or interactions with renters, list the agent, or representative's
information in this section. At least two individuals who can respond to all telephone and e-mail messages within 30
minutes at all times (24 hours per day) must be listed.
Authorized Agent or Secondary Contact Information
(For Non -Hosted Nights)
Agent #1 Name This is the primary contact person for guests.
Agency Name (if Applicable):
Address
City State Zip
e-mail address: Phone number:
Agent #2 Name ❑ This is the primary contact person for guests.
Agency Name (if Applicable):
Address
City State Zip
-mail address: Phone number:
Unit Information
Address of Short Term Rental (including Unit Rental # if different from current address)
How long have you resided at this address? Years: Months:
How many total bedrooms at this address?
How many on -site parking spaces at this address?
Rental Information
How do you intend to rent your unit? Please check the appropriate box below:
❑ "Hosted Rental" — Having renters stay in rooms while I am also residing and sleeping at my unit during their- stay.
❑ "Non -hosted Rental" — Having renters stay in my unit while I am not present during their stay. (The maximum nights allowed for a non -
hosted rental is 100 per year.)
Name and Address of Institution at which trustee account for Transient Occupancy Tax (TOT) is maintained:
If you intend to rent the unit as a Non -hosted Rental for ten nights or more over the duration of this permit, check Non -hosted Rental. If you
intend to rent the unit as a Non -hosted Rental fewer than ten nights over the duration of the permit, you may check Hosted Rental.
)w many rooms do you plan to rent to guests? Please list any and all online hosting platforms (e.g. Airbnb, HomeAway) on which
rooms when I am also present you plan to list your unit, including personal webpages:
roorns when I am not present
Signature of Applicant / Operator: Date:
SHORT-TERM RESIDENTIAL RENTAL REGISTRATION
I authorize, under penalty of perjury, that the information contained in this application and all documents tenured in connection with this
application are accurate and complete. Furthermore, I certify that I have reviewed and will comply with all other requirements of the City of
Millbrae Planning and Zoning Code, Building Code, Millbrae Municipal Code Chapter 7.30 (Short Term Residential Rentals), and other applicable
laws, including but not limited to:
• Residing in the registered unit for no less than 265 nights a year;
• Timely payment of annual City of Millbrae Business License Tax;
• Inclusion of City of Millbrae Short Term Residential Rental Permit Number and Business License number in the rental offering whether
the advertisement is paper or electronic;
• Requirement for renters to sign agreement acknowledging roles set forth in Municipal Code Chapter 7.30 and prominent posting of rules
within the rental unit;
• Renting as short-term rental sleeping areas only those bedrooms listed in this application which must not exceed the limits outlined in
Millbrae Municipal Code Section 7.30;
• Notification to City within 48 hours if the authorized agent will change;
• Notification to City if a hosted unit will be operated as a non -hosted unit;
• Reporting monthly to the Tax Administrator, the number of nights the residential unit has been rented as a short-term residential rental;
• Submitting Complete and Accurate Monthly Transient Occupancy Tax Returns event if the rental was not rented during the month;
• Paying all applicable taxes;
• Maintaining records for three years which demonstrate compliance with the Transient Occupancy Tax Ordinance;
By signing below, I certify my understanding of the above and the following:
• Failure to comply with any of the above listed conditions, in addition to those additional conditions set forth in the Short -Term
Residential Rental Ordinance, will be cause for enforcement action by the City of Millbrae, San Mateo County Sheriffs, or other law
enforcement, resulting in the accrual of fines and penalties and/or prohibition from the Short -Term Residential Rental Program.
• I further understand that I am responsible for the violation of any operating restriction by renters or guests of the rental unit and failure
to prevent the violation.
Any time during the term of the Short Term Rental Permit, the Director of Community Development may initiate proceedings to revoke
this permit if, in the Director's discretion:
o The short-term rental use is detrimental to the public health, safety, or welfare;
o The permittee has provided materially false or misleading information in any submittal required under this chapter;
o The permittee has failed to make any payments of taxes, penalties, or costs owed to the City within 30 days of when such payment
is due;
o Three or more violations of any applicable federal, state, or local law, regulation, or permit relating to a short-term residential
rental operated by the permittee have occurred within the previous 24-month period;
o The short term residential rental unit is no longer the permittee's primary residence.
Signature of Applicant / Operator:
Printed Name of Applicant / Operator:
Signature of Property Owner (if not Applicant / Operator)
Signature
Printed Name of Property Owner:
Date. -
Date:
L� R &INDEMNIFICATION (PERMITrEE) r
SHORT-TERM RESIDENTIAL RENTAL WAIVER AND INDEMNITY
I hereby acknowledge that my participation in the City of Millbrae Short Term Residential Rental Program (STRR Program) is voluntary, and may
involve risk of property damage and injury to persons. I hereby agree to assurne all risks of participation in the STRR Program.
I further waive and discharge all claims against, and promise not to sue the City of Millbrae, its councilmembers, officers, employees, and agents
(collectively "City Parties") for any liability, losses, damages, costs (including attorneys' fees), judgments, penalties, and any other consequence of
my participation in the STRR Program, including, without limitation, damage to property, personal injury, and wrongful death.
I further agree to indemnify, defend, and hold harmless City Parties against all claims, liabilities, losses, damages, costs (including attorneys' fees),
judgments, and penalties of any sort arising out of my participation in the STRR Program.
Signature of Applicant / Operator:
Printed Name of Applicant / Operator:
Signature of Property Owner (if not Applicant / Operator)
Signature:
Printed Name of Property Owner:
Date:
Date:
GRANT`,QF AUTHORITY; WAIVER & INDEMNIFICATION (PROPERLY OUVN ,
�. ,. , r .
SHORT-TERM RESIDENTIAL RENTAL GRANT, WAIVER AND
INDEMNITY
I hereby grant my tenant (Tenant) permission to use my property located at as a short term
residential rental, as defined in the City of Millbrae Municipal Code. I acknowledge that participation in the City of Millbrae Short Term Residential
Rental Program (STRR Program) is voluntary, and may involve risk of property damage and injury to persons. As between myself and the City of
Millbrae, I hereby agree to assume all risks of participation in the STRR Program.
I further waive and discharge all claims against, and promise not to sue the City of Millbrae, its councilmembers, officers, employees, and agents
(collectively "City Parties") for any liability, losses, damages, costs (including attorneys' fees), judgments, penalties, and any other consequence of
my participation in the STRR Program, including, without limitation, damage to property, personal injury, and wrongful death.
I further agree to indemnify, defend, and hold harmless City Parties against all claims, liabilities, losses, damages, costs (including attorneys' fees),
judgments, and penalties of any sort arising out of Tenant's participation in the STRR Program.
Signature of Applicant / Operator:
Printed Name of Applicant / Operator:
Signature of Property Owner (if not Applicant / Operator)
Signature:
Printed Name of Property Owner:
Date:
Date:
AUTHORITtOF AGENTS ANb SECONDARY CONTACTS
GRANT OF AUTHORITY AND ACKNOWLEDGEMENT OF DUTY
I hereby authorize my authorized agent(s) listed below (Authorized Agents) to take any and all actions necessary to operate and manage my short
term residential rental (STRR) unit while it is rented. This authority includes, without limitation, the ability to receive notices on my behalf, enterthe
unit, and grant City officials and peace offices access to the unit for law enforcement purposes.
Authorized Agent #1:
Authorized Agent #Z:
I agree that I or my Authorized Agents will respond to all telephone and email requests relating to activity at the STRR unit at all times while the unit
is rented, twenty four hours per day, seven days per week.
I agree that I or my Authorized Agents will be available to respond in person to requests from renters, peace officers, and City officials relating to
activities at the STRR unit within one hour, twenty four hours per day, seven days per week.
I agree that I or my Authorized Agents will grant entry to the STRR unit to any City official or peace officer, upon request where the City official or
peace officer has a reasonable suspicion of unlawful activity ongoing within the STRR unit.
I acknowledge that failure to perform any of the duties stated herein is a violation of the Millbrae Municipal Code, and may result in fines and
penalties, including, without limitation, revocation of my STRR permit.
I consent to the City releasing the names and contact information of my Authorized Agents to all property owners within 500 feet of the STRR unit,
and posting the information publicly in hard copy and electronic copy as part of a citywide STRR registry.
)ignature of Applicant / Operator:
Printed Name of Applicant / Operator:
Signature of Property Owner (if not Applicant / Operator)
Date:
Signature: Date:
Printed Name of Property Owner:
DEPOSIT FORI� (TENANTS ANP NOWHOSTEQ UNITS)
DEPOSIT AGREEMENT
This Agreement is to memorialize the terms of my deposit of $1,000 (Deposit) with the City of Millbrae as consideration for my participation in the
City of Millbrae short term residential rental (STRR) program.
I hereby authorize the City of Millbrae to hold this Deposit for the duration of the STRR permit in an account bearing interest at the current Local
Agency Investment Fund rate, with both the interest and principle to be returned to me at the expiration of the permit less sums deducted pursuant
to this Agreement.
I further authorize the City of Millbrae to deduct from the Deposit any fines, penalties, costs, or expenses allowable by law accrued as a result of the
operations or activities relating to the STRR permit, if I fail to make such payments in a timely manner.
If, at any point, the City of Millbrae deducts an amount from the Deposit, I agree to provide additional funds to the City of Millbrae to return the
Deposit to its original sum of $1,000.
1 acknowledge that violations of this Agreement constitute violations of the Millbrae Municipal Code, and may result in fines and penalties, including,
without limitation, revocation of my STRR permit.
Signature of Applicant / Operator:
Printed Name of Applicant / Operator:
Signature of Property Owner (if not Applicant / Operator)
Signature:
Printed Name of Property Owner:
Date:
Date. -
Office Use Only:
Registration #: Application #:
Forms of ID Presented
❑ Driver's License
❑state ID Card
❑ Homeowner's Tax Exemption
❑ Voter Registration
❑ Vehicle Registration
❑ Utility Bill Type:
❑ Additional Utility Bills Type:
(does not count as additional form) Type:
❑ Vehicle Insurance
❑ Other
❑ Other
❑ Other
Business License
Information:
Insurance
Information:
STRR Permit No.
Date issued:
Date Issued:
Carrier:
Date of Coverage:
Date Issued on DL: Date Expires on DL:
Date Issued on ID: Date Expires on ID:
Date of Receipt:
Date Issued:
Date Issued on VR: Date Expires on VR:
Date of Bill:
Date of Bill: _
Date of Bill:
Date Issued: Date Expires
Business Name:
Policy Type:
Amount of Coverage:
Date Expires:
CITY 0
BURLINGAME
BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting on December 2, 2019
STUDY SESSION
a. DISCUSSION OF SHORT-TERM RENTALS
CDD Gardiner began by stating that the purpose of the study session was for the Council to discuss
residential short-term rentals and provide direction to staff regarding any future work on the issue.
CDD Gardiner stated that currently, the City requires short-term rental operations to have a business license.
Additionally, the City's existing transient occupancy tax ("TOT") applies to short-term rentals when they
meet the municipal code's definition of hotel. He noted that currently, the City doesn't have a program for
monitoring or collecting TOT from short-term rentals and that only approximately 10% of rental operations
have acquired business licenses.
CDD Gardiner reviewed the perceived community impacts of short-term rentals. He discussed a variety of
elements that can affect the impact on the community including:
• Whether the short-term rental is a shared bedroom versus an entire unit
• Whether the owner is onsite
• Whether the unit is 100% dedicated to short-term rental
CDD Gardiner discussed neighboring communities' approaches to short-term rentals. He showed a table that
listed the different jurisdictions and the requirements that were put on short-term rentals (this information
can be found on page 5 of the staff report). He noted that there is no uniform approach.
City Attorney Kane discussed the issue of obtaining cooperation from the listing companies, such as Airbnb.
She explained that if the listing company perceives the City as being cooperative, the City can obtain data
from the company concerning how many listings there are in the city, where they are located, and how
frequently they are rented. She noted that listing companies have sued cities for enacting total bans on short-
term rentals.
City Attorney Kane discussed San Francisco's litigation with Airbnb that had cost the City a lot of money
over the course of several years. She stated that San Francisco reached a settlement with Airbnb that
included Airbnb giving the City access to their data in exchange for removing some of the limitations the
City had imposed.
City Attorney Kane discussed the recent incident in Orinda in which a shooting occurred at an Airbnb during
Burlingame City Council December 2, 2019
Approved Minutes
a house parry. She stated that in the wake of this incident, cities looked at restricting large party/retreat
rentals by requiring the host to be onsite. She added that another option is to require that the unit be rented
for more than one night.
City Attorney Kane stated that the City has received very few complaints about short-term rentals. She
added that she believes the City has at least 100 listings, with only a few of the owners having business
licenses.
Councilmember Brownrigg stated that the staff report implies that the fiscal impact of collecting TOT from
the 100 listings in the City would be the equivalent of one of the City's modest -sized hotels. He explained
that he believed this was incorrect, as he didn't believe the short-term rental listings would have the same
occupancy rates as the City's hotels. City Attorney Kane replied that staff s calculations were an attempt to
give Council a sense of the scale of the fiscal impact. She noted that the impact also depends on whether the
City can collect.
Councilmember Brownrigg stated that as the Council discusses regulating short-term rentals, he didn't
believe the Council should consider the fiscal impact.
Councilmember Brownrigg asked if the City received any input from the hotels. City Attorney Kane replied
in the affirmative. She explained that the hotels want the short-term rentals to pay TOT.
Councilmember O'Brien Keighran asked about pod -shares (multiple bunkbeds in one room for young
professionals) and where they would fall under the regulations. City Attorney Kane replied that short-term
rentals are defined as rentals for 30 days or less. Therefore, if you are renting a bunk for less than 30 days, it
would be a short-term rental.
Councilmember O'Brien Keighran asked if the City could put a limit on the number of bedrooms that are
rented. City Attorney Kane replied that a lot of the legality around short-term rentals is not well -established.
Therefore, it would come down to the issue of property rights and the definition of a family. However, she
explained that if the City regulates with the purpose of preventing noise and traffic problems, it could steer
the City towards a defensible policy on the number of rooms that can be rented.
Councilmember O'Brien Keighran asked if there is State law regarding how many people are allowed in a
rental unit. City Attorney Kane replied in the affirmative. But she noted that under the building code, it is a
surprisingly small amount of square footage that is required per person.
Vice Mayor Beach asked if the City received a clamoring of people wanting the City to allow short-term
rentals. City Attorney Kane replied that most of the people that want to undertake a short-term rental just do
it.
Vice Mayor Beach asked if staff had a sense of whether the short-term rental properties in Burlingame are
single-family homes or ADUs. CDD Gardiner replied in the negative.
Vice Mayor Beach asked if towns like Atherton and Hillsborough that require short-term rentals to be for
longer stays have been sued. City Attorney Kane replied that she would get back to Council with this
2
Burlingame City Council December 2, 2019
Approved Minutes
information.
Vice Mayor Beach stated that her sense is that a shorter -term rental has more of an impact on a neighborhood
than a longer rental. She noted that what she was hearing from staff is that the more restrictions the City puts
on short-term rentals, the greater increase in the risk of litigation from listing companies. Additionally, she
stated that if the City puts restrictions on short-term rentals, the listing companies may not share data with
the City. City Attorney Kane stated that to get data from the listing companies, the City must be permissive.
She noted that the City hasn't had any direct conversation with the listing companies.
Councilmember O'Brien Keighran discussed San Francisco's requirements that short-term rentals have
business licenses, and hosts must be onsite for all but 90 days a year. City Attorney Kane replied that San
Francisco's requirements were hard won, and that San Francisco has a team dedicated to the regulation of
short-term rentals.
Councilmember O'Brien Keighran asked if the City was to receive several complaints about a short-term
rental, could the City ban the owner from utilizing the property for short-term rentals. City Attorney Kane
replied in the affirmative. She noted that if the City has the cooperation of the listing companies, the listing
companies will then remove that property from their website.
Mayor Colson opened the item up for public comment. No one spoke.
Councilmember Ortiz stated that he doesn't believe that the City should ban short-term rentals. He explained
that he believed that the City needed a more nuanced approach. He stated that the complaints he has
received concern traffic and noise. Therefore, he explained that whatever regulations the City adopts, it
should be with the focus on minimizing those issues for the neighbors.
Councilmember O'Brien Keighran stated the importance of regulating short-term rentals in a
commonsense/empathetic way. She stated that she would like the owners to get a business license and pay
TOT, and she would like to require the host to be onsite for most of the time. She voiced concern about
owners utilizing their dining rooms, living rooms, and other rooms as bedrooms for short-term rentals. She
noted that this usage would increase traffic and noise problems in small neighborhoods.
Vice Mayor Beach stated that two of the Council's infrastructure priorities are transportation and housing.
She explained that she believed that short-term rentals might detract from achieving those goals. She stated
that individuals in a single-family neighborhood didn't sign up to live next to short-term rentals. She noted
that if the City approves short-term rentals, the owner must have a business license and pay TOT.
Additionally, she requested that the host be onsite, the rental have a minimum stay requirement of a few
days, and if the short-term rental receives two strikes, then it is no longer allowed to operate.
Councilmember Brownrigg stated the City needed to be careful not to capture HIP Housing and other similar
programs when regulating short-term rentals. He stated that his concern focuses on a single-family home
becoming a boarding house. Therefore, he wondered if the City should limit the number of renters allowed
at a time. City Attorney Kane stated that she would need to further research this idea and how it would apply
to the definition of family.
3
Burlingame City Council December 2, 2019
Approved Minutes
Mayor Colson stated that she reviewed how other cities have regulated short-term rentals. She explained that
she agreed that owners should have a business license, the City should collect TOT, and the City should
require a two-day rental minimum. She stated that she didn't want to ban short-term rentals.
Councilmember Brownrigg asked whether it is the City itself or the listing company that collects the TOT.
City Attorney Kane stated that the companies don't directly collect the TOT, but some of their websites
provide a mechanism for that payment.
Vice Mayor Beach asked if the City imposed a minimum stay requirement, would listing companies allow
the City access to their data. City Attorney Kane replied that she would need to get back to Council with this
information.
Councilmember O'Brien Keighran asked staff to send Council the San Francisco ordinance. City Attorney
Kane replied in the affirmative and noted that Airbnb's general counsel has stated that Airbnb is not giving
other cities the same deal that San Francisco was given.
Councilmember Ortiz asked if absent the cooperation from the listing companies, is the City relying on the
individual owners to report and collect TOT. City Attorney Kane replied in the affirmative. She noted that
there are third party data miners that the City could hire to obtain more information.
Councilmember O'Brien Keighran asked if the City could implement a fine if the City finds out that the
property isn't registered as a short-term rental. City Attorney Kane replied in the affirmative.
Councilmember Ortiz stated that it sounded like there was a consensus amongst the Council for the host to
be present for a portion of the year. The Council agreed.
City Attorney Kane noted that one of the risks of short-term rentals is that it removes units from the market
for more permanent residents. She stated that it was her suggestion that any official BMR unit not be
available for short-term rental. She explained that in January 2020, there are several new laws concerning
ADUs that go into effect. Therefore, she will need to review how these affect short-term rentals.
Mayor Colson closed the study session and asked staff to further review Council's concerns.
1. CALL TO ORDER
A duly noticed meeting of the Burlingame City Council was held on the above date in the City Hall Council
Chambers at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by Dina from Gatepath.
4
Burlingame City Council December 2, 2019
Approved Minutes
�C7 AGENDA ITEM NO:
BURLINGAME STAFF REPORT
MEETING DATE: December 2, 2019
To: Honorable Mayor and City Council
Date: December 2, 2019
From: Kevin Gardiner, Community Development Director — (650) 558-7253
Kathleen Kane, City Attorney — (650) 558-7263
Subject Discussion of Short -Term Rentals
RECOMMENDATION
Staff recommends that the City Council discuss residential short-term rentals and provide
direction regarding any future work on the issue.
BACKGROUND
Residential short-term rentals are defined as dwelling units that are rented for periods lasting
fewer than 30 days. Common examples include renting a room, house, or an apartment for a
week or weekend for a short stay or for several weeks. Short-term rentals are most commonly
offered and rented through online hosting platforms such as Airbnb, VRBO, Hostmaker, Sonder,
Vacasa, and HomeAway.
While short-term rentals can provide income to residents and broader lodging options than the
existing hotel market, there can be significant downsides to these uses. The popularity and
profitability of short-term rentals has spurred an industry where dwellings are used exclusively for
short-term rentals, removing housing stock that could otherwise be available for longer lease
terms. A rotating series of renters in residential neighborhoods can create traffic, noise, parking,
and safety concerns for neighborhoods.
The short-term rental industry has grown and evolved at a fast pace in recent years. Once a small,
informal part of the economy, it is now larger and more established. Its growth in popularity,
coupled with an increase in the professional ization of the industry, including the emergence of
full-time rentals and hosts that do not live in the units they are renting, have raised the profile of
this issue and led many jurisdictions to consider regulation and taxation.
The City's existing transient occupancy tax applies to short term rentals when they meet the
municipal code's definition of "hotel," which is as follows: "Hotel" means any structure, or any
portion of any structure, which is occupied or intended or designed for occupancy by transients
for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house,
motel, studio hotel, bachelor hotel, lodginghouse, roominghouse, apartment house, dormitory,
public or private club, mobile home or house trailer at a fixed location, or other similar structure
or portion thereof. Therefore, a residential unit or portion thereof which is "occupied ... by
1
Residential Short -Term Rentals December 2, 2019
transients for dwelling, lodging or sleeping purposes" is required to collect transient occupancy
tax on behalf of the City. The City does not currently have a program for monitoring or collection
of TOT from short-term rentals. Operators running short term rentals are also required to secure
a business license. Currently, there are seven registered short-term rentals in Burlingame, but
the City doesn't have access to data regarding how many nights per year they are rented out, or
whether owners are on the premises during such rentals. Looking at online advertisements for
short-term rentals (which do not provide addresses), it appears as though fewer than ten percent
of rentals are registered with the City. However, it can be difficult to ascertain whether the rentals
listed are in frequent or occasional use.
The City has received complaints regarding fewer than ten locations relating to short-term rentals
in the last three years. The majority of these were related to the fact of a short-term rental existing
in a nearby residence. The relevant property owners were referred to the Finance Department
and secured business licenses. One complaint related to overflowing garbage bins. One location
has generated several different complaints by neighbors, including renters coming and going at
various times, ride share drivers blocking the street for drop off and pickup, the owner not being
on site, and work without permits.
DISCUSSION
The short-term rental market has various components. A variety of activities fall under the general
category of short-term vacation rental, ranging from occasionally renting an extra bedroom to
leasing an entire home or residential unit on a short-term basis year-round. While some cities
have chosen to regulate all rentals the same way, these different types of activities have different
potential impacts.
One of the ways to categorize vacation rentals is to identify those rentals that are hosted or
unhosted. Hosted rentals may include just bedrooms or sometimes accessory buildings or
Accessory Dwelling Units (ADUs), and have an owner or resident living on the property. This type
of rental is perceived to be less of an issue because there is someone living on -site who can
respond to problems that might arise.
Unhosted rentals may include the entire home and sometimes an accessory building or ADU, that
are vacant and do not have an owner or resident living on the property. These types of short-term
rentals can be owned by investors, who are buying them to rent as a business, or by local
homeowners who are away temporarily. There are also hosts that rent their home as an unhosted
rental for corporate retreats, either during the day or overnight.
It is additionally important to distinguish if units are dedicated for year-round short-term rental or
available only for a limited time. Units that are rented on a short-term basis year-round will be
removed from the jurisdiction's housing stock as a potential source of local housing.
The number and composition of short-term rentals in a jurisdiction can be challenging to
determine given the wide array of listing platforms, as well as the lack of transparency in the
listings themselves. However, a number of data aggregators have emerged in recent years that
download and analyze listings from the most commonly used platforms, and in some instances
2
Residential Short -Term Rentals
December 2, 2019
assist municipalities in enforcing short-term rental regulations. Host Compliance and AirDNA are
two examples, but there are many others.
As a potential snapshot of short-term rentals in Burlingame, AirDNA provides the following figures
(as of November 2019):'
• There are 116 active rentals within Burlingame.
• 58% of the listings (67 listings) are for an entire home or unit; 41 % (48 listings) are for a
private room in a home or unit. There is also one listing (1 %) offering a shared room.
• 30% of the listings are available full-time, implying that the room or unit is dedicated
exclusively to short-term rental.
• 86% of the listings are listed on Airbnb; 7% are listed on HomeAway; and 7% are listed
on both platforms.
• There is an average of 3.9 guests per rental.
• 41 % of the listings allow one-night stays; 24% require two nights; 12% require three
nights; 10% require between four and six nights; and 8% require seven to 29 nights. 5%
require 30 nights or more.
As a point of reference, 116 listings is roughly equivalent to the size of one of the medium-sized
hotels in Burlingame such as the Bay Landing Hotel (130 rooms) or Hilton Garden Inn (132
rooms).
Re_pulatory Options. There are many levels of regulation to consider. The challenge is to decide
which types of rental activities a jurisdiction wants to encourage, regulate, or not allow. The
graphic below illustrates a continuum of regulatory choices related to short-term rentals.
Tax Only Regulate Regulate Do Not
Regulate Lightly Heavily Allow
Many jurisdictions apply different levels of regulation to different types of short-term rentals. For
example, the graphic below indicates the range of different listing types and suggests that different
approaches may be desirable or appropriate for different types of listings and whether or not the
listing is an occasional or dedicated (year-round) rental:
' https://www.airdna.co/vacation-rental-data/app/us/california/burlingame/burlingame/overview - accessed
11/24/19
3
Residential Short -Term Rentals
December 2, 2019
Shared Bedroom Shared Bedroom
Private Bedroom Private Bedroom
Accessory Unit Accessory Unit
6M Entire Unit or Home Entire Unit or Home
Below is an overview of some of the more common approaches jurisdictions have implemented
to regulate short-term rentals:
Collecting Transient Occupancy Tax (TOT): Listing services like Airbnb have been willing to
collect a TOT and remit it to jurisdictions on a semi-annual basis. Listing services also have
agreed with some jurisdictions to remove illegal listings or those that pose a significant code
enforcement challenge. A number of local cities, including Redwood City, San Francisco, and
Berkeley, have negotiated deals where their hotel tax is automatically collected. These
arrangements generally require cooperation with the listing companies and fewer limitations on
listed properties.
Requiring Permits: A common strategy for cities looking to regulate short-term rentals is to
require a local permit. It is important to balance the cost and difficulty for a potential host to acquire
a permit with the need for regulation. If it is too expensive or difficult to get a permit, casual hosts
may be discouraged from applying. However, a professional host may not be discouraged by
such regulation. Also, an overly cumbersome permitting system may result in people renting their
homes without permits. Nonetheless, permits are a potentially important strategy to help cities
understand and regulate the short-term rental market.
For the permitting process, there are many decisions to make such as cost, what department will
issue permits, notices to neighbors, business license requirements, length of permit, and the
revocation process. Jurisdictions have also shown interest in requiring online listings to display
host permit numbers, which both hosts and sites have been resistant to do.
Occupancy, Parking and Noise Complaint Resolution Options: Limits on occupancy,
parking, and noise can help address many conflicts that might be anticipated to come up, such
as increased traffic, negative impacts to neighborhood character, and disruptions. A common
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Residential Short -Term Rentals December 2, 2019
occupancy limit on the number of people is two times the number of bedrooms plus two people.
Other strategies include allowing no more than four guests at a time.
Rentals in Burlingame are already required to comply with existing noise and public nuisance
regulations, as is every unit in the city. Noise and public nuisance violations can be difficult to
document, but the Police Department and Code Enforcement functions are actively engaged in
enforcing the code standards as complaints arise. Additional potential requirements include
posting noise notices in units and revoking permits for those units with repeated violations.
Management and Residency Requirements: Management and residency requirements are
particularly helpful to regulate un-hosted units, and ensure that if issues arise, there is someone
available to promptly respond. One popular management policy is to require a manager, owner,
or responsible party to respond on -site within a given time limit, such as within 15 minutes or up
to one hour. Other cities have taken a more lenient approach and required that someone be
available by phone 24/7 to resolve issues.
Neiphborin_g Jurisdictions: Neighboring jurisdictions in San Mateo County have taken a variety
of the above approaches in regulating short-term rentals. Table 1 below provides a summary of
neighboring jurisdictions:
TABLE 1
SHORT-TERM RENTALS — NEIGHBORING COMMUNITIES
JurisdictionBusiness
License
•
Required
Atherton
No — prohibited in
N/A
N/A
N/A
all residential
districts
Belmont
Yes — allowed by
Yes — no separate
Yes
No
right
short-term rental
permit
Hillsborough
No — must be 31
Yes (for long-term
N/A
N/A
days or more
rentals)
Millbrae
Yes
Yes — short-term
Yes — TOT
Yes, for 265
rental permit and
certificate
nights out of the
business license
required, collected
year
required
monthly
Redwood City
Yes
No — short-term
Yes — TOT
Yes, if the unit is
rental registration
certificate required
to be rented for
form required, but
more than 120
no separate
nights per year
business license
San Carlos
No — prohibited in
N/A
N/A
N/A
all residential
districts
San Mateo
Yes
Yes — business
Yes — TOT
No
tax certificate
certificate
required (same as
required, collected
bus license)
monthly
R
Residential Short -Term Rentals December 2, 2019
Other Jurisdictions: Staff also surveyed a sampling of other jurisdictions outside the immediate
area as reference:
TABLE 2
SHORT-TERM RENTALS — SAMPLE OF OTHER COMMUNITIES
JurisdictionBusiness
License
•
Required
Los Altos
No — prohibited in
N/A
N/A
N/A
all residential
districts
Monterey
No — prohibited in
N/A
N/A
N/A
all residential
districts
Orinda
Yes
No — short-term
Yes — TOT
Yes — while the
registration form
certificate
City considers
required, but no
required, then
stricter ordinance
separate business
paid quarterly with
requirements
license required
TOT return form
Santa Cruz
Yes
Yes — short-term
Yes — TOT
Yes — ADU and
permit required,
certificate required
non -hosted short -
limited to 250
term rentals
licenses on first-
prohibited
come, first -serve
basis
Santa Monica
Yes
Yes — Home-
Yes — monthly
Yes
Share Business
License and
Home -Share
Permit required
Sausalito
No — prohibited in
N/A
N/A
N/A
all residential
districts
Enforcement: Jurisdictions have found it much easier to develop short-term rental regulations
than to enforce them. Although many cities require hosts to register for licenses, they frequently
are only able to respond to complaints.
It can be difficult to know who is in compliance without involving the hosting platforms or data
aggregators. One option jurisdictions have is to make it illegal for sites to list rentals from
unregistered hosts. Another option is to require host license numbers on listings. Unless a
jurisdiction decides on a complete ban on short-term rental activity, regulations will be difficult to
enforce without requiring an enforcement role from the rental sites. Efforts to enact strict
regulations on short-term rentals or to require specific actions by listing services have resulted in
significant litigation from the hosting companies across the state. Should the City Council direct
staff to develop regulations, a confidential legal risk analysis will be part of staff's
recommendations.
ON
Residential Short -Term Rentals
December 2, 2019
FISCAL IMPACT
The current number of short-term rental listings is roughly equivalent to the size of one of the
business -class hotels in Burlingame such as the Bay Landing Hotel (130 rooms) or Hilton Garden
Inn (132 rooms). Should the City enact a program to collect transient occupancy tax (TOT) from
short-term rentals, the additional revenue could be comparable to that of a medium-sized hotel,
or approximately $600,000-700,000.
7
Example Short -Term Rental Ordinance:
City of Redwood City
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDWOOD
CITY ADDING SECTION 31.3 TO ARTICLE 31 OF THE REDWOOD CITY
ZONING ORDINANCE REGARDING REGULATIONS RELATING TO
SHORT-TERM RENTALS AS AN INCIDENTAL USE TO SPECIFIED
RESIDENTIAL USES
WHEREAS, the proposed Zoning Ordinance Amendment (the "Zoning Ordinance
Amendment") would add Section 31.3 to Article 31 of the Redwood City Zoning Ordinance
in order to codify short-term rentals as an incidental use to specified residential uses and
to establish rules and standards for such incidental use; and
WHEREAS, on November 21, 2017, the Planning Commission held a duly -noticed
public hearing on the proposed Zoning Ordinance Amendment and recommended
changes, namely removing the requirement for a business license and allowing short-
term rentals in accessory dwelling units; and
WHEREAS, on January 8, 2018, the City Council held a duly -noticed public
hearing on the proposed Zoning Ordinance Amendment and on said date the public
hearing was opened, held and closed; and
WHEREAS, at the public hearing the City Council considered the whole of the
record including, but not limited to, any written and oral public comments, staff reports
and staff presentations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDWOOD CITY
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The foregoing recitals are true and correct, are hereby incorporated
herein by this reference as if fully set forth in their entirety, and constitute findings in this
matter.
Section 2. The City Council hereby finds that the proposed Zoning Ordinance
Amendment is in the public interest and consistent with the Redwood City General Plan
as described in the staff report.
Section 3. This proposed Zoning Ordinance Amendment has been reviewed with
respect to applicability of the California Environmental Quality Act ("CEQA") and the State
CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq.).
Passage of the Zoning Ordinance Amendment is not considered a project under Section
15378 as the activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment. Alternatively, the Zoning Ordinance Amendment is exempt
from CEQA as it can be seen with certainty that there is no possibility for causing a
ATTY/ORD.451/ZA ORDINANCE ADDING SECTION 31.3 TO ARTICLE 31 SHORT TERM RENTALS
REV: 03-07-18 PR
Page 1 of 7
significant effect on the environment (Section 15061(b)(3)) as described in the staff report.
Pursuant to CEQA Guidelines Section 15091(e), the documents and other materials that
constitute the record of proceedings upon which the City Council has based its decision
are located in and may be obtained from the Office of the City Clerk at 1017 Middlefield
Road, Redwood City, California. The City Clerk is the custodian of records for all matters
before the City.
Section 4. If any section, subsection, clause or phrase of this Zoning Ordinance
Amendment is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portion or sections of the Zoning Ordinance Amendment. The City
Council of the City of Redwood City hereby declares that it would have adopted the
Zoning Ordinance Amendment and each section, subsection, sentence, clause or phrase
thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses or phrases be declared unconstitutional.
Section 5. The City Council of the City of Redwood City adopts the following
amendment to Article 31 of the Redwood City Zoning Ordinance by adding a new Section
31.3 as shown in Exhibit A, which is attached hereto and incorporated herein by
reference. Wording in brackets ([example]) is informational only and is not to be included
in the published ordinance. (Exhibit A)
Section 6. This Ordinance shall go into effect 30 days following its adoption.
ATTY/ORD.451/ZA ORDINANCE ADDING SECTION 31.3 TO ARTICLE 31 SHORT TERM RENTALS
REV: 03-07-18 PR
Page 2 of 7
FYhihif A
[Section 31.3 is hereby added to the Redwood City Zoning Ordinance as follows:]
"31.3 — Short -Term Rental Use Incidental to a Primary Residence
A. Purpose. The purpose of this section is to:
1. Allow limited short-term rental uses while preventing the loss of housing stock;
2. Preserve residential character and establish operating standards to reduce
potential noise, parking, traffic, property maintenance and safety impacts on
adjacent neighbors; and
3. Provide a registration process for the City to track and enforce these
requirements as needed and ensure appropriate collection of transient
occupancy taxes.
B. Definitions. For purposes of this section, the following definitions shall apply:
1. Adjacent properties. The dwelling units located next to the dwelling unit in which
the short-term rental is located.
2. Host. Any person who is the owner of record of residential real property or any
person who is a lessee of residential real property pursuant to a written agreement
for the lease of such real property, who offers a dwelling unit, or portion thereof,
for short-term rental either through a hosting platform or individually as an operator.
3. Hosting platform. A means through which a host may offer a dwelling unit, or
portion thereof, for short-term rental. A hosting platform includes, but is not limited
to, an internet-based platform that allows a host to advertise and potentially
arrange for temporary occupation of the dwelling unit, or portion thereof, through
a publicly searchable website, whether the short-term renter pays rent directly to
the host or to the hosting platform.
4. Primary residence. A primary residence is a dwelling unit where a person has been
physically present and that the person regards as home. A person may only have
one primary residence at any given time. Evidence of a person's primary residence
includes, but is not limited to, documentation from income tax statements or a
ATTY/ORD.451/ZA ORDINANCE ADDING SECTION 31.3 TO ARTICLE 31 SHORT TERM RENTALS
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Page 3 of 7
driver's license. If a property has multiple dwelling units, including an accessory
dwelling unit or apartment complex, each dwelling unit and accessory dwelling unit
shall be considered a separate residence subject to the primary residence
requirement.
5. Short-term rental. The use or possession of or the right to use or possess any room
or rooms, or portions thereof in any dwelling unit for residing, sleeping or lodging
purposes for less than 30 consecutive calendar days, counting portions of days as
full calendar days.
6. Short-term renter. A person who exercises occupancy or is entitled to occupancy
by reason of concession, permit, right of access, license or other agreement for a
period of less than 30 consecutive calendar days, counting portions of calendar
days as full calendar days.
C. Permitted Use. Short-term rental uses shall be permitted in any primary residence
subject to the requirements of this section, including compliance with the operating
standards, registration, Transient Occupancy Tax payments, and recordkeeping
obligations. Except as provided for in this section, all other short-term rental uses
shall be prohibited.
D. Operating standards. The following operating standards shall apply to short-term
rentals:
1. Legal Dwelling. Short-term rentals may only occur within legal dwelling units.
2. Limitation on Listings. Short-term rentals shall not have more than 2 listings for the
same primary residence on the same days.
3. Annual Limit. A primary residence may be occupied as a short-term rental for no
more than 120 days per calendar year where no host is present. There shall be
no limit on the number of days a primary residence may be occupied as a short-
term rental where the host is present. For purposes of this Section 31.3, a host
is considered present when they are on the premises at all times between the
hours of 10:00 p.m. and 6:00 a.m.
4. Local Contact Person. Hosts shall identify to all guests and all occupants of
adjacent properties a local contact person to be available 24 hours per day, 7 days
per week during the term of any unhosted stay. The designated local contact
person shall:
a. Respond within 60 minutes to complaints regarding the condition or
operation of the dwelling unit or the conduct of guests; and
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b. Take remedial action to resolve such complaints.
5. Parking. No additional parking shall be required for short-term rentals. Existing
on -site parking spaces shall be made available to short-term renters.
6. Special Event. Weddings, corporate events, commercial functions, and any other
similar events which have the potential to cause traffic, parking, noise or other
problems in the neighborhood are prohibited from occurring at the short-term
rental property, as a component of short-term rental activities.
E. Registration and Annual Renewal.
1. Application. Prior to advertising or making available the primary residence for
renting, hosts shall register their primary residence as a short-term rental with
the City. This registration shall be submitted on a form prepared by the City and
shall include the name and contact information of the host, the address of the
primary residence being used for short-term rental, the contact information for
the local contact person, an acknowledgement of compliance with the
requirements of the City's Zoning Ordinance, Municipal Codes, applicable health
and safety standards, and other information as requested.
2. Fee. The registration form shall be accompanied by a filing fee in an amount
established by resolution of the City Council and updated from time to time.
3. Application Completeness. The submitted information shall be used to determine
whether to register the short-term rental. The host will be notified if an application
is incomplete. If the host fails to timely submit the required information or fees
necessary to complete the application, the application shall expire and be
deemed withdrawn.
4. Decision. The City Manager or his/her designee shall be responsible for deciding
short-term rental registration applications. After an application is deemed
complete, registration shall be approved where:
a. The host demonstrates the ability to meet the requirements of this chapter,
b. The subject primary residence is not the subject of an active compliance
order or administrative citation from the City in the past 12 months, and
c. A short-term rental registration for the primary residence has not been
denied or revoked in the prior 24-month period.
5. Validity. An approved registration shall be valid and payable on a fiscal year
basis. An approved registration shall be personal to the host and shall
automatically expire upon sale or transfer of the dwelling unit. No registration may
be assigned, transferred, or loaned to any other person.
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6. Annual Renewal. A registration may be renewed annually upon payment of
registration renewal fees and all required transient occupancy tax remittance
associated with the short-term rental. The host shall submit such information
concerning the short-term rental activity as may be required to enable the tax
collector to verify the amount of tax paid. Failure to renew prior to the expiration
date will result in expiration of the registration.
7. Requirements Not Exclusive. The issuance of a short-term rental registration
shall not relieve any person of the obligation to comply with all other provisions
of this code applicable to the use and occupancy of the property.
8. Administrative Policy. The City Manager or his/her designee shall have the
authority to develop administrative policies to implement the intent of this
Chapter.
F. Transient Occupancy Tax (TOT). Transient occupancy taxes must be collected for
short-term rentals and paid to the City pursuant to Chapter 32, Article IV of the
Redwood City Code. Collection of transient occupancy taxes for short-term rentals
shall be the responsibility of the host. The hosting platform shall collect TOT when
they have signed a voluntary collection agreement (or equivalent) with the City.
G. Enforcement.
1. Revocation of Registration. A short-term rental registration issued under the
provisions of this Section may be revoked by the Zoning Administrator after
notice and hearing as provided for in this Section, for any of the following
reasons:
a. Fraud, misrepresentation, or false statements contained in the application;
b. Fraud, misrepresentation, or false statements made in the course of carrying
on a short-term rental as regulated by this Section;
c. Any violation of any provision of this Section or of any provision of this code;
or
d. Any violation of any provision of federal, state or local laws.
2. Revocation Hearing. Before revoking a short-term rental registration, the Zoning
Administrator shall give the responsible host notice in writing of the proposed
revocation and of the grounds thereunder, and also of the time and place at which
the host will be given a reasonable opportunity to show cause why the registration
should not be revoked. The notice may be served personally upon the host or may
be mailed to the host at the last known address or at any address shown upon the
application at least 10 days prior to the date of the hearing. Upon conclusion of
the hearing the Zoning Administrator may, for the grounds set forth herein, revoke
the registration.
ATTY/ORD.451/ZA ORDINANCE ADDING SECTION 31.3 TO ARTICLE 31 SHORT TERM RENTALS
REV: 03-07-18 PR
Page 6 of 7
3. Appeal from Denial or Revocation of Registration. Any host whose application has
been denied or registration has been revoked shall have the right to an
administrative appeal before the City Manager or a designated hearing officer. An
appeal shall be filed in writing on a form provided by the City stating the grounds
therefor within 10 days of the decision. The City Manager or designated hearing
officer shall hold a hearing thereon within a reasonable time and the decision shall
be final.
4. Waiting Period. Any host whose registration has been denied or revoked shall be
ineligible from applying for a new registration for a 24-month period.
5. Records of Compliance. The host shall retain records documenting the
compliance with these requirements for a period of three (3) years after each
period of short-term rental, including but not limited to records showing payment
of transient occupancy taxes by a hosting platform on behalf of a host. Upon
reasonable notice, the host shall provide any such documentation to City upon
request for the purpose of inspection or audit to the City Manager or his/her
designee.
6. Violations. Penalties as provided for in Article 50 (Enforcement) may be imposed
for failure to comply with the provisions of this Section.
H. Amnesty Period for Short -Term Rentals. Notwithstanding any other provision of law,
short-term rentals operating on or before the enactment of this ordinance shall be
considered existing, unpermitted uses. An amnesty period of one year after the
effective date of this ordinance is being offered to allow these existing, unpermitted
uses to be legalized by conforming to the requirements of this Section, including
compliance with operating standards, registration, and recordkeeping obligations.
Transient Occupancy Tax payments continue to be required at all times for short-term
rentals and must be collected and paid during the amnesty period. Applications to
bring an existing, unpermitted short-term rental use into compliance shall be made on
or before one year after the effective date of this ordinance. Existing short-term rental
uses that do not conform to the requirements of this section shall cease operation
within one year of the effective date of this ordinance and shall be prohibited from
resuming unless and until the use conforms to the requirements of this Section.
ATTY/ORD.451/ZA ORDINANCE ADDING SECTION 31.3 TO ARTICLE 31 SHORT TERM RENTALS
REV: 03-07-18 PR
Page 7 of 7
Example Short -Term Rental Ordinance
and Application Materials:
City of Millbrae
ORDINANCE NO. 771
CITY OF MILLBRAE, COUNTY OF SAN MATEO
STATE OF CALIFORNIA
AN ORDINANCE AMENDING CHAPTER 3.30 OF TITLE 3, CHAPTER 5.100 OF TITLE 5,
AND CHAPTER 10.05 OF TITLE 10, AND ADDING CHAPTER 7.30 OF TITLE 7 OF THE
MILLBRAE MUNICIPAL CODE TO PROVIDE FOR THE REGULATION OF SHORT-TERM
RESIDENTIAL RENTALS AND COLLECTION OF TRANSIENT OCCUPANCY TAXES
THEREFROM
WHEREAS, short-term residential rentals (STRRs) are a form of rental wherein the
lessor leases all or part of a single family dwelling, a unit in a multi -family dwelling, or an
accessory dwelling unit to a renter for residential purposes for durations fewer than 30
consecutive days; and
WHEREAS, many Millbrae residents operate or desire to operate STRRs out of their
homes as a means of generating extra income; and
WHEREAS, the City benefits from STRRs through increased tourism and commercial
activity; and
WHEREAS, STRRs have the potential to cause disturbances in residential
neighborhoods and impact the well-being of the surrounding community; and
WHEREAS, the City desires to permit and regulate STRRs in a manner that minimizes
the impact on neighbors while maximizing the benefit to the community; and
WHEREAS, many individuals renting STRRs do so through new methods not
adequately addressed by the City's transient occupancy tax collection system; and
WHEREAS, staff recommends amending Title 3, Chapter 3.30 "Uniform Transient
Occupancy Tax" of the Millbrae Municipal Code to provide for the collection of transient
occupancy tax from STRRs; and
WHEREAS, staff recommends amending Title 5, Chapter 5.100 "Response to Unruly
Gatherings" of the Millbrae Municipal Code to provide law enforcement with additional remedies
to address unruly disturbances arising out of STRRs; and
WHEREAS, staff recommends adding Title 7, Chapter 7.30 "Short -Term Residential
Rental Permits" of the Millbrae Municipal Code to provide for a permitting and regulatory
scheme for STRRs; and
WHEREAS, staff recommends amending Title 10, Chapter 10.05 "Zoning" of the
Millbrae Municipal Code to include STRRs as a permitted use in all zoning districts where
residential uses are allowed, subject to certain conditions.
14381245.10
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF MILLBRAE DOES ORDAIN AS
FOLLOWS:
SECTION 1: AMENDMENT OF CHAPTER 3.30 UNIFORM TRANSIENT OCCUPANCY TAX
Subsection A. Section 3.30.020 "Definitions" is hereby amended to add subsection (H)
as follows:
H. "Hosting Platform" means a means or facility through which an operator may offer a
short-term residential rental unit, or portion thereof, for occupancy by a transient. A hosting
platform includes, but is not limited to, an internet-based platform that allows an operator to
advertise and arrange for occupancy of a commercial lodging or short-term residential rental by
a transient, whether the transient pays rent directly to the operator or to the hosting platform.
Subsection B. Section 3.30.060 "Registration" is hereby amended and restated in its
entirety to read as follows:
Section 3.30.060 Registration
Within ten days after commencing business, each operator of any hotel renting occupancy to
transients shall register said hotel with the tax administrator and obtain from him a "Transient
Occupancy Registration Certificate" to be at all times posted in a conspicuous place on the
premises. An application for a Transient Occupancy Registration Certificate must include
whether the operator intends to collect and remit transient occupancy tax through a hosting
platform, and the identity of any hosting platform the operator intends to use.
Said certificate shall, among other things, state the following:
A. The name of the operator;
B. The address of the hotel;
C. The date upon which the certificate was issued;
D. The following statement: "This Transient Occupancy Registration Certificate signifies that
the person named on the face hereof has fulfilled the requirements of the Uniform Transient
Occupancy Tax Ordinance by registering with the Tax Administrator for the purpose of collecting
from transients the Transient Occupancy Tax and remitting said tax to the Tax Administrator.
This certificate does not authorize any person to conduct any unlawful business or to conduct
any lawful business in an unlawful manner, nor to operate a hotel without strictly complying with
all local applicable laws, including but not limited to those requiring a permit from any board,
commission, department or office of this City. This certificate does not constitute a permit."
Subsection C. Section 3.30.070 "Reporting and remitting" is hereby amended and
restated in its entirety to read as follows:
3.30.070 Reporting and remitting
A. Each operator shall on or before the tenth day of each month, or at the close of any shorter
reporting period, or longer reporting period, which may be established by the tax administrator,
make a return to the tax administrator, on forms provided by him, of the total rents charged and
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received, the amount of tax collected for transient occupancies during the preceding calendar
month, the amount of tax collected on the operator's behalf by a hosting platform, the identity of
the hosting platform that has participated in each transaction, the total number of rooms
available, and the number of rooms rented.
B. The tax administrator may, but he is not required to establish longer reporting periods for
any operator if he deems it necessary by reason of the internal accounting and accounts
payable system of that operator.
C. Returns and payments are due immediately upon cessation of business for any reason.
D. All taxes collected by operators pursuant to this chapter shall be held in trust for the
account of the city and shall be promptly deposited in a separate account maintained in the
name of the operator as trustee in a commercial bank or other financial institution, until payment
hereof is made to the tax administrator. Each operator shall notify the city of the name and
address of the commercial bank or financial institution with whom the trustee account is
maintained.
Subsection D. Section 3.30.075 "Collecting and remitting by hosting platforms" is
hereby added to read as follows:
Section 3.30.075 Collecting and remitting by hosting platforms
Any hosting platform may enter into an agreement with the City for the collection and remittance
of transient occupancy taxes on behalf of operators. Where a hosting platform has entered into
such an agreement, the hosting platform has the same duties and liabilities of the operator
under Chapter relating to collection and remission of transient occupancy taxes. Compliance
with the provisions of this Chapter by either the operator or the hosting platform is considered to
be compliance by both. Notwithstanding the foregoing, agreements for collection and
remittance of transient occupancy taxes by hosting platforms do not relieve operators of other
requirements imposed by this Chapter beyond the scope of the agreement, including, without
limitation, reporting and recordkeeping requirements. Each hosting platform collecting rent or
transient occupancy tax for hotels in the City must register in its own name and post its
Transient Occupancy Registration Certificate on its website, if applicable.
Notwithstanding the foregoing, the tax administrator, at his or her sole discretion, may require a
hosting platform that collects payment of rent on behalf of an operator of a hotel in the City to
comply with Section 3.30.050 and Section 3.30.070 on behalf of the operator without an
agreement.
SECTION 2: AMENDMENT OF CHAPTER 5.100 UNRULY DISTURBANCES
Subsection A. Section 5.100.050 "Collection of charges" is hereby amended and
restated in its entirety to read as follows:
Section 5.100.050 Collection of charges
The person or persons in charge of the premises and the person or persons in charge of the
unruly gathering, or if any such person is a minor, then the parent or guardians of such person,
shall be jointly and severally liable for the cost of providing the special emergency security
services as provided in this section. If the property is rented as a short-term residential rental at
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the time of the unruly disturbance, the permittee and authorized agent, as those terms are
defined in Chapter 7.30 of this Code, are jointly and severally liable with all other persons in
charge of the premises or gathering for the costs of providing the special emergency security
services.
Within ten days of the second call to an unruly gathering, the chief of police or his designee
shall calculate the charges payable under this section and shall cause a bill to be produced and
sent to the persons responsible for such charges.
In the event that such a bill is not paid, in cash, within thirty days of its issuance, the bill shall be
referred to the city attorney for appropriate collection activity.
SECTION 3: ADDITION OF CHAPTER 7.30 SHORT-TERM RESIDENTIAL RENTAL
PERMITS
Subsection A. Chapter 7.30 "Short -Term Residential Rental Permits" is hereby added
to Title 7 of the Millbrae Municipal Code to read as follows:
7.30.010 Scope, Purpose and Findings.
1. The purposes of this chapter (which may be referred to as the "Short -Term Residential
Rental Ordinance") are to document the procedures and regulations that govern the application
for, and the issuance and implementation of, permits for the operation of any short-term
residential rental use within the city.
2. The City Council hereby finds that unregulated transient occupancy uses in residential and
nonresidential districts present a threat to the public welfare relating to compatibility with
residential uses and preservation of the character of the neighborhoods in which they are
located, and to the availability of housing stock in compliance with the Housing Element of the
General Plan.
3. The City Council hereby finds that the adoption of a comprehensive ordinance regulating
the issuance of and operating conditions attached to short-term residential rental permits is
necessary to protect the public health, safety and welfare. The purpose of this section is to
provide a permit system and to impose operational requirements to minimize the potential
adverse impacts of transient uses in residential neighborhoods and zoning districts on traffic,
noise and density, to ensure the health, safety and welfare of renters and guests patronizing
short-term residential rentals, as well as the adjacent occupants, and to impose limitations on
the permits issued in order to ensure the long term availability of housing stock in compliance
with the Housing Element of the City of Millbrae General Plan.
4. The City Council hereby finds that the provisions of this section which impose restrictions
on commercial speech, pursuant to the restrictions on advertisements, are necessary in order to
advance the city's legitimate interest in preventing rental activity that violates this code, and in
regulating fraudulent, misleading, or deceptive advertising. These restrictions on advertising are
necessary in order to prevent advertisers from engaging in unlawful rental activity and from
misleading the general public to think that a particular property in the City of Millbrae is available
for transient occupancy if, in fact, the advertised property is not authorized to be used for
transient occupancy purposes in accordance with this section.
5. The City Council hereby finds that the city's regulation of short-term residential rental uses
in accordance with this section is a valid exercise of the city's police power in furtherance of the
legitimate governmental interests documented in this section.
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7.30.020 Definitions.
As used in this section:
"Authorized Agent" means the person specifically authorized by an permittee of an non -hosted
unit to represent and act on behalf of the permittee and to act as an operator, manager and
contact person of a non -hosted unit, and to provide and receive any notices identified in this
section on behalf of the permittee. The authority to operate and manage the short-term
residential rental Unit must include the authority to enter the unit at any time while rented for the
purposes of verifying compliance with applicable laws. The authorized agent may include the
permittee, or persons other than the permittee.
"Director" means the Director of the Community Development, or a designee of the Director of
Community Development.
"Enforcement Officer" means the Director, Chief Building Official, Fire Marshall, City Code
Enforcement Officer, City Department Manager (to the extent responsible for enforcing
provisions of this code), peace officer, or any other city employee designated by the Director,
City Manager, or Section 1.05.020 to enforce this Chapter.
"Guest" means an invitee of a renter or other person visiting a renter of a short-term residential
rental unit who does not rent the unit.
"Hosted Unit" means a short-term residential rental at which the permittee and sleeps while it is
being rented, and at which no more than two bedrooms are rented for transient occupancy at a
given time pursuant to this Chapter.
"Nighttime Hours" means 9:00 p.m. to 7:00 a.m. Sunday through Thursday evenings and 10:00
p.m. to 7:00 a.m. Friday and Saturday evenings.
"Non -Hosted Unit" means a short-term residential rental that is not a hosted unit.
"Permittee" means the person to whom a short-term residential rental permit is issued pursuant
to this Chapter.
"Primary Residence" means a dwelling unit where a person is domiciled, and resides for at least
265 nights per year. A person may only have one primary residence at any given time. If a
property has multiple dwelling units, including duplexes, triplexes, and properties with accessory
dwelling units, each unit is considered a separate residence subject to the primary residence
requirement.
"Renter" means a person, other than a permittee, renting or occupying a short-term residential
rental Unit for compensation of any kind in accordance with the terms of this Chapter.
"Short -Term Residential Rental" is defined in Section 10.05.0200. "Short-term residential rental'
includes all hosted units, and all non -hosted units.
"Short -Term Residential Rental Unit" means the structure in which a short-term residential rental
use is operating.
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7.30.030 Short -Term Residential Rental Permit Required
Operating a short-term residential rental unit without a short-term residential rental permit,
including, without limitation, advertising, booking guests, and accepting monetary compensation
for lodging, is prohibited.
7.30.040. Applications for Short -Term Residential Rental Permits
A complete application for a short-term residential rental permit must contain all of the following:
A. The following information documented in a form acceptable to the Director:
1. The name of the applicant and contact information for the applicant.
2. The address of the proposed short-term residential rental unit.
3. Proof of ownership of the proposed short-term residential rental unit, or proof of
the property owner's consent to the property's use as a short-term residential
rental.
4. Documentation that establishes the proposed short-term residential rental unit is
the applicant's primary residence.
i. If the applicant seeks to rent the short-term residential rental as a non -
hosted unit, identify at least two authorized agents (include the name,
mailing address, email address, and telephone number) and adequate
documentation to establish that the authorized agents have the authority
to operate and manage the unit.
5. The number of bedrooms and approximate square footage in the short-term
residential rental unit, and the maximum number of overnight occupants under
the limitations imposed under Section 7.30.070.
6. Documentation establishing that all designated bedrooms meet all applicable
local building and safety code requirements.
7. The number and location of designated on -site parking spaces, and the
maximum number of vehicles allowed for overnight occupants.
8. A proposed notification to neighbors, conforming with the requirements of
Section 7.30.060.
9. A copy of the applicant's transient occupancy tax registration certificate.
10. Agreement to hold harmless, indemnify and defend the city against claims and
litigation arising from the operation of the short-term residential rental.
11. Agreement to comply with all applicable laws and permit conditions, including the
short-term residential rental operating restrictions set forth in Section 7.30.070.
12. Certification of the information submitted.
13. Any other information the Director deems necessary to process the application.
B. A permit fee to cover the costs of the application and the administration of the City's
regulatory program, in an amount determined by the Council. The fee may be
prorated for applications submitted for a partial year.
C. For tenants and applicants to rent non -hosted units, a refundable deposit of $1,000
to cover recoverable costs and penalties, including citations, cleanup and emergency
response costs, incurred by the City relating to the short-term residential rental. If
the City draws on the deposit, the permittee must replenish the deposit within 30
days following a written request. The Director may require a larger or smaller
deposit for good cause as a condition of approval.
D. The Director may develop a process for renewal of short-term residential rental
permits that allows the City to verify the applicant's continued compliance with this
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Chapter. At the Director's discretion, a permit renewal may require less information
than the initial application.
7.30.050 Permit Processing
Upon receipt of an application, the Director will determine whether the application is complete.
If the application is incomplete, the Director will notify the applicant. If the applicant fails to
submit the required information or fees necessary to complete the application in a timely
manner, the Director may deem the application withdrawn and return all submittals to the
applicant.
The Director will approve a complete application where the applicant demonstrates: 1) the ability
to meet the requirements of this chapter; 2) the short-term residential rental use will not be
detrimental to the public health, safety, or welfare; 3) the applicant has not had a short-term
residential rental permit revoked in the prior 24-month period; and 4) no more than three
violations of applicable federal, state, or local law, regulation, or permits relating to a short-term
residential rental operated by the applicant, including, without limitation, violations of this
Chapter, have occurred in the past 24-month period; 5) the applicant has no delinquent
transient occupancy tax payments, fees, or penalties relating to the short-term residential rental
Unit. For the purposes of this Section, all violations by renters, guests, and the permittee of the
same provision at the same time on the same day constitute a single violation.
Notwithstanding the foregoing, the Director may impose reasonable conditions on a permit
where the Director determines that the condition will enhance the public health, safety, or
welfare of the permittee, renters, or neighbors. The Director must provide a written statement
explaining any decision to deny or conditionally approve an application.
7.30.060 Notice to Neighbors
Within 30 days of approving a short-term residential rental permit, the Director must provide to
all property owners within 500 feet of the permit:
A. A concise summary of the terms of the permit, including: (i) the maximum number of
daytime and nighttime hours occupants permitted in the short-term residential rental unit; (ii) the
maximum number of vehicles which are allowed to be parked on the property; (iii) any
conditions applied to the short-term residential rental permit; and (iv) how to obtain a complete
copy of the permit and this section.
B. The name and contact information, including telephone numbers and emails where the
permittee (for a hosted unit) or the authorized agents (where the permit includes operation of a
non -hosted unit) of the short-term residential rental may be reached at all times, 24 hours per
day while the short-term residential rental unit is rented, and the location of the City's registry of
short-term residential rental registry for permittees and authorized agents.
C. The City of Millbrae Code Enforcement telephone number and the Sheriffs non -
emergency number where members of the public may report violations of the short-term
residential rental permit.
7.30.070 Short -Term Residential Rental Permits
A. A short-term residential rental permit allows the permittee to rent the short-term residential
rental unit for an unlimited number of nights as a hosted unit, and if approved by the Director, up
to 100 nights as a non -hosted unit during the duration of the permit.
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B. Renters must comply, and permittees must ensure compliance of their renters, with the
following rules:
1. Nighttime hours occupancy of the short-term residential rental may not exceed two
persons per bedroom, plus two additional persons per short-term residential rental Unit.
For the purposes of this section, a studio is considered to have zero bedrooms.
2. Daytime occupancy is limited to twice the nighttime occupancy of the short-term
residential rental.
3. No additional parking is required for short-term residential rental units. The number
of vehicles of renters and guests is limited to the number of onsite parking spots.
permittees must make existing on -site parking spaces available to renters and guests.
4. The permittee must provide appropriate refuse and recycling service for the short-
term residential rental Unit. The property must be free of debris both onsite and in the
street. Trash cans must not be placed on the street prior to 24 hours before the
scheduled pick-up day and must be promptly removed from the street following service.
5. Renters and/or guests of the short-term residential rental unit may not create
unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions
of this Code or any state law pertaining to noise or disorderly conduct; provided,
however, that the city does not intend to authorize, and the city does not authorize, the
permittee to act as a peace officer or place himself or herself in harm's way.
6. Weddings, corporate events, commercial functions, and any other similar events
which have the potential to cause traffic, parking, noise or other problems in the
neighborhood are prohibited from occurring at the short-term residential rental unit as a
component of short-term residential rental activities.
7. Smoking, including, without limitation, smoking of tobacco or cannabis, is not
allowed inside short-term residential rental units.
8. Renters and guests must comply with all applicable federal, state, and local laws,
regulations, ordinances, and permit conditions.
C. As part of the application for rental, the permittees must require prospective renters to sign
an agreement acknowledging the rules set forth in this section and promising to comply with
them. The permittee must post the rules in a prominent location inside the short-term residential
rental unit.
D. Each written advertisement (whether paper or electronic form) for a short-term residential
rental use must include the permittee's "City of Millbrae Certified Short -Term Residential Rental"
permit number and business license number as part of the rental offering.
E. Violation of any operating restriction by a renter or guest, and failure to prevent the
violation by the permittee are separate offenses. Permittees are strictly liable for failing to
prevent violations by their renters and guests of their renters.
F. The permittee must comply with all applicable laws, including, without limitation, all
requirements of the Business License Ordinance (Chapter 7.05 of this code) and the Transient
Occupancy Tax Ordinance (Chapter 3.30 of this code) for the short-term residential rental use.
G. Effectiveness of each short-term residential rental permit is conditioned upon the applicant
obtaining a City business license.
H. Each short-term residential rental permit expires on at the end of the fiscal year in which it
is issued. The City's fiscal year currently runs from July 1 to June 30.
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I. A permittee whose permit does not include the authority to rent as a non -hosted unit may
request to operate the hosted unit as a non -hosted unit by providing the Director by complying
with the requirements of Section 7.30.040(A)(4)(i) and 7.30.040(C). The Director may impose
conditions that will enhance the public health, safety, or welfare of the permittee, renters, or
neighbors, and may alter the amount of the deposit for good cause.
J. Each short-term residential rental permit is personal to the permittee to whom it is issued.
short-term residential rental permits are non-transferrable.
K. The Director may promulgate further regulations necessary or convenient to further the
purposes of this chapter.
7.30.080 Authorized Agents
A. When the short-term residential rental unit is rented, the permittee (for a hosted unit) or at
least one authorized agent (for a non -hosted unit) must respond to all telephone and email
messages relating to issues of permit compliance or the health, safety, or welfare of the public
or the renter at the short-term residential rental unit within 30 minutes at all times, 24 hours per
day.
B. The permittee (for a hosted unit) or at least one authorized agent (for a non -hosted unit)
must be on the premises of the short-term residential rental unit within one hour of being notified
by a renter, the Director, or an enforcement officer that there is a need to address an issue
relating to permit compliance or the health, safety, or welfare of the public or the renter.
C. A permittee for a non -hosted unit may change any authorized agent listed on the permit
with at least 48 hours -written notice to the Director. The notice must include sufficient
documentation to establish that the proposed authorized agent has the authority to manage and
operate the unit.
D. The City will maintain a public registry of permittees (for hosted units), authorized agents
(for non -hosted units), and their contact information.
7.30.090 Permit Revocation
At any time during the term of a short-term residential rental permit, the Director is authorized to
initiate proceedings to revoke or modify the permit, if the Director determines in his or her
discretion that: (1) the short-term residential rental use is detrimental to the public health, safety,
or welfare; (2) the permittee has provided materially false or misleading information in any
submittal required under this chapter; (3) the permittee has failed to make any payments of
taxes, penalties, or costs owed to the City within 30 days of when such payment is due; (4)
three or more violations of any applicable federal, state, or local law, regulation, or permit,
including, without limitation, this chapter, relating to a short-term residential rental operated by
the permittee have occurred within the previous 24-month period; (5) the short-term residential
rental unit is no longer the permittee's primary residence.
For the purposes of this section all violations by permittees, renters, and guests of the same
provision at the same time on the same day constitute a single violation.
The Director must give the permittee written notice of the proposed revocation, the grounds for
the proposed revocation, and the time and place at which the permittee will be given a
reasonable opportunity to show cause why the permit should not be revoked. The notice may be
served personally upon the permittee or may be mailed to the permittee at the address of the
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short-term residential rental at least 10 days prior to the date of the hearing. Upon conclusion of
the hearing the Director may revoke the permit for the grounds stated above or modify the
permit to include conditions the Director deems sufficient to remedy the grounds for the
revocation.
7.30.100 Enforcement
Violations of this chapter are subject to penalties as stated in Section 1.05.010 of this Code,
except that violations of Section 7.30.030 are subject to a fine of up to $1,000 per violation.
Each day, or portion thereof, in which a violation continues is a new violation.
Nothing herein prevents the City from enforcing violations of this chapter by any other means
authorized by law.
7.30.110 Appeal
Any decision by the Director made pursuant to this chapter, including on an application or in a
permit revocation hearing is appealable pursuant to Section 10.05.2700 et seq. of this Code.
SECTION 4: AMENDMENT OF CHAPTER 10.5 ZONING
Subsection A. Section 10.05.200 "Definitions" is hereby amended to insert the
following definition:
"Short-term residential rental" means all or part of a single family dwelling, a unit in a multi-
family dwelling, or accessory dwelling unit offered for compensation for the purpose of sleeping,
residing, lodging or other similar activities for fewer than 30 consecutive calendar days, counting
portions of days as full calendar days. A short-term residential rental is distinguished from a
"commercial lodging" and a "boarding house/room inghouse" in that the units used as short-term
residential rentals are of the type typically occupied by permanent residents as a house or an
apartment. A short-term residential rental is distinguished from a "bed and breakfast" in that
short-term residential rentals may, but need not be, single-family residences, and need not
serve breakfast.
Subsection B. The row "Accessory Uses" in Section 10.05.410 "Land Use Table" is
hereby amended to include the row depicted in Exhibit A, attached hereto and incorporated by
reference.
Subsection C. Section 10.05.510 "Uses" of Article V "Single -Family Residential Large
Lot or "R-1 LL" District" is hereby amended and restated in its entirety to read as follows:
10.05.0510 Uses.
The following uses shall be permitted, conditional, or accessory uses in the R-1 LL district:
A. Permitted uses: single-family dwellings and state -regulated residential care facilities.
B. Conditional uses: places of worship, schools (pre-K and K through twelve), country clubs,
golf courses, parks, utility services, wireless communications facilities, and bed and breakfasts.
C. Accessory uses: home occupations, short-term residential rentals.
Subsection D. Section 10.05.510 "Uses" of Article VI "Single -Family Residential or "R-
1" District" is hereby amended and restated in its entirety to read as follows:
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10.05.0610 Uses.
The following uses shall be permitted, conditional or accessory uses in the R-1 district:
A. Permitted uses: single-family dwellings and state -regulated residential care facilities.
B. Conditional uses: places of worship, schools (pre-K and K through twelve), country clubs,
golf courses, parks, utility services, wireless communications facilities, and bed and breakfasts.
C. Accessory uses: home occupations, short-term residential rentals.
Subsection E. Section 10.05.710 "Uses" of Article VI "Duplex/Triplex Residential or "R-
2" District" is hereby amended and restated in its entirety to read as follows:
10.05.0710 Uses
The following uses shall be permitted, conditional, or accessory uses in the R-2 district:
A. Permitted uses: single-family dwellings, duplexes, triplexes, and state -regulated residential
care facilities.
B. Conditional uses: care facilities, places of worship, schools (pre-K and K through twelve),
parks, utility services, wireless communications facilities, and bed and breakfasts.
C. Accessory uses: home occupations, short-term residential rentals.
Subsection F. Section 10.05.810 "Uses" of Article VIII "Multifamily Residential or "R-3"
District" is hereby amended and restated in its entirety to read as follows:
10.05.0810 Uses
The following uses shall be permitted, conditional, or accessory uses in the R-3 district:
A. Permitted uses: single-family dwellings, duplexes, triplexes, multiple -family dwellings, care
facilities, and state -regulated residential care facilities.
B. Conditional uses: rooming and boarding houses, clubs and lodges, community centers,
places of worship, schools (pre-K and K through twelve), parks, utility services, wireless
communications facilities, medical offices, professional offices, bed and breakfasts, and
commercial lodging.
C. Accessory uses: home occupations, short-term residential rental.
Subsection G. Section 10.05.1010 "Uses" of Article X " Commercial or "C" District" is
hereby amended and restated in its entirety to read as follows:
10.05.1010 Uses
The following uses shall be permitted, conditional, or accessory uses in the C district:
C. Accessory uses: drive -through facilities, home occupations, outdoor dining, and outdoor
display of merchandise, short-term residential rentals.
11
14381245.10
Subsection H. Section 10.05.1120 "Uses" of Article XI "Downtown Improvement Area
or "DIX District" is hereby amended and restated in its entirety to read as follows:
10.05.1120 Uses
C. Accessory Uses.
Primary frontage: outdoor dining and outdoor display of merchandise.
2. Secondary frontage: home occupations, short-term residential rentals, and outdoor display
of merchandise.
Subsection I. Section 10.05.1930 "Short -Term Residential Rental" of Article XIX
"Accessory Uses" is hereby added to read as follows:
10.05.1930 Short -Term Residential Rental
A. Requirements
1. Only single family homes, units in duplexes, triplexes, and multifamily dwellings,
and accessory dwelling units may be rented, in whole or in part, as short-term residential
rentals provided they are located in a zoning district where allowed as accessory uses.
2. Short-term residential rentals are subject to the operating restrictions set forth in
Chapter 7.30 of this Code.
B. Permits
No person may operate a short-term residential rental without a short-term residential rental
permit as described in Chapter 7.30 of this Code.
SECTION 4: CEQA
This ordinance is not subject to the California Environmental Quality Act ("CEQA")
pursuant to §§ 15060 (c)(2) (the activity will not result in a direct or reasonable foreseeable
indirect physical change in the environment), 15303 (the activity is a conversion of an existing
small structure from on use to another with no modifications to the exterior of the structure) and
15060 (c)(3) the activity is not a project as defined in § 15378 of the CEQA Guidelines (Title 14,
Chapter 3 of the California Code of Regulations) because it has no potential for resulting in
physical change to the environment, directly or indirectly; it prevents changes in the
environment pending the completion of the contemplated studies. This ordinance also is exempt
from CEQA pursuant to the "common sense" exemption under § 15061(b)(3) of the CEQA
Guidelines, because the City Council hereby determines and finds that there is no possibility
that the ordinance may have a significant effect on the environment.
SECTION 5: SEVERABILITY
If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, the remainder of the ordinance, including the application of such
part or provision to other persons or circumstances shall not be affected thereby and shall
continue in full force and effect. To this end, the provisions of this ordinance are severable. The
12
14381245.10
City Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be held
unconstitutional, invalid or unenforceable.
SECTION 6: EFFECTIVE DATE; PUBLICATION
This Ordinance shall be in full force and effect thirty (30) days from and after the date of its
passage. At least five (5) days prior it its adoption and within fifteen (15) days after its adoption,
a summary of the Ordinance shall be published once in a newspaper of general circulation
published in the County of San Mateo and circulated in the City of Millbrae.
INTRODUCED at a regular meeting of the City Council of the City of Millbrae held on July 24,
2018.
PASSED and ADOPTED at a regular meeting of the City Council of the City of Millbrae held on
July 30, 2018 by the following vote:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS:
EXCUSED, COUNCILMEMBERS:
APPROVED:
MAYOR of the City offAillbrae
Papan, Lee, Schneider and Holober
Oliva
,4;1 a-__ --T131IIb
ACTING CITY CLERK of the City of Millbrae
13
14381245.10
SHORT TERM RESIDENTIAL RENTAL (STRR) ORD. 771
APPLICATION PROCESS AND FEES
Updated 3/4/20
APPLICATION PROCESS
1. Submit a Short -Term Residential Rental Application for Planning Division review (including property
deed and proof of residency).
2. Pay all required fees at the Finance Department.
3. Request to schedule a Building Safety inspection with the Building Official.
4. Transient Occupancy Certificate issued by Planning Department upon application review and approval.
5. Renewal of the Transient Occupancy Certificate is required annually by July 11t
6. TOT payment is required monthly by 101" of each month (ex. Jan 1-31 is due by Feb. 10t"). If late there
is a penalty and interest.
7. Business License renewal fee required annually by July 1st
FEES
Application Submittal Requirements
Fee
Due Date
1. Payment of Transient Occupancy Tax (TOT)
12% of taxable receipts
Monthly,
b 10t" of month
2. STRR permit application
$100
Annually (by July 1st)
and Transient Occupancy Certificate
3. Building Safety Inspection
$85
One time
4. Business License:
• Tax
$64 + $4.25 per bedroom
Annually (by July 1st)
• Application Fee (New)
$78
• Renewal Fee
$52
Annually (by July 1st)
5. Home Occupation License
$66
One Time
* If applicant is registering an existing STRR, applicant to pay TOT for the past 3 years.
SHORT TERM RESIDENTIAL RENTALS (STRRs) OCCUPANCY LIMITS
Studio/Bedrooms Night Occupancy* Day Occupancy**
1 Studio (0 Bedrooms) 2 4
1 Bedroom 4 8
2 Bedrooms 6 12
3 Bedrooms 8 16
* 2 persons per bedroom available for rent + 2.
** Limited to twice the night time occupancy.
NOTE: Accessory Dwelling Units (ADUs) are considered separate units and cannot be rented as
STRRs, unless it is the primary residence of the applicant.
Definitions:
Hosted Use: Primary resident resides and sleeps on site and is able to rent out up to
two (2) rooms
Non -hosted Use: Primary resident resides and sleeps 265 days a year on site and
when are not there (non -hosted), must dedicate 2 agents (managers) to manage the
property. Therefore, the non -hosted use of the primary residence is limited to 100 days
with two dedicated agents (managers).
Revised 3.3.20
IT U
M I L L B R A E
r
Applicant / Operator Information
The Short Term Residential Rental must be the Applicant / Operator's Primary Residence
(lame of Applicant / Operator:
Email Address:
Street Address of Short Term Rental / Current Address (including Unit # ):
City: MILLBRAE State: CA Zip:
www.ci.millbrae.ca.us
Inquiries: (650)259-2341
Phone:
This is the primary contact person for renters / guests
List any and all online hosting platforms (e.g. Airbnb, HomeAway) on which you plan to list your unit, including personal webpages:
Upon approval by the Millbrae Community Development Department indicated by signature below, this Transient
Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of
the Uniform Transient Occupancy Tax Ordinance by registering with the Tax Administrator for the purposesof collecting
from transients the Transient Occupancy Tax and remitting said tax to the Tax Administrator. This certificate does not
authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to
operate a hotel without strictly complying with all applicable laws, including but not limited to those requiring a permit
from any board, commission, department or office of this City. This Certificate does not constitute a permit.
By signing below, Operator certifies the following under penalty of perjury:
The Short Term Residential Rental (STRR) is the Operator's primary residence
• Operator will pay all taxes including but not limited to Transient Occupancy (TOT) and Business License Tax when
due.
Operator understands that they are responsible for payment of taxes and submittal of required information to the
City even if the operator of website collects taxes and fails to remit timely
• That all information in this application is accurate.
Signature of Applicant / Operator:
Approval of City (Community Development Department):
ignature
Name:
Title:
Date:
Date:
Date:
If another person will be managing your bookings and/or interactions with renters, list the agent, or representative's
information in this section. At least two individuals who can respond to all telephone and e-mail messages within 30
minutes at all times (24 hours per day) must be listed.
Authorized Agent or Secondary Contact Information
(For Non -Hosted Nights)
Agent #1 Name This is the primary contact person for guests.
Agency Name (if Applicable):
Address
City State Zip
e-mail address: Phone number:
Agent #2 Name ❑ This is the primary contact person for guests.
Agency Name (if Applicable):
Address
City State Zip
-mail address: Phone number:
Unit Information
Address of Short Term Rental (including Unit Rental # if different from current address)
How long have you resided at this address? Years: Months:
How many total bedrooms at this address?
How many on -site parking spaces at this address?
Rental Information
How do you intend to rent your unit? Please check the appropriate box below:
❑ "Hosted Rental" — Having renters stay in rooms while I am also residing and sleeping at my unit during their- stay.
❑ "Non -hosted Rental" — Having renters stay in my unit while I am not present during their stay. (The maximum nights allowed for a non -
hosted rental is 100 per year.)
Name and Address of Institution at which trustee account for Transient Occupancy Tax (TOT) is maintained:
If you intend to rent the unit as a Non -hosted Rental for ten nights or more over the duration of this permit, check Non -hosted Rental. If you
intend to rent the unit as a Non -hosted Rental fewer than ten nights over the duration of the permit, you may check Hosted Rental.
)w many rooms do you plan to rent to guests? Please list any and all online hosting platforms (e.g. Airbnb, HomeAway) on which
rooms when I am also present you plan to list your unit, including personal webpages:
roorns when I am not present
Signature of Applicant / Operator: Date:
SHORT-TERM RESIDENTIAL RENTAL REGISTRATION
I authorize, under penalty of perjury, that the information contained in this application and all documents tenured in connection with this
application are accurate and complete. Furthermore, I certify that I have reviewed and will comply with all other requirements of the City of
Millbrae Planning and Zoning Code, Building Code, Millbrae Municipal Code Chapter 7.30 (Short Term Residential Rentals), and other applicable
laws, including but not limited to:
• Residing in the registered unit for no less than 265 nights a year;
• Timely payment of annual City of Millbrae Business License Tax;
• Inclusion of City of Millbrae Short Term Residential Rental Permit Number and Business License number in the rental offering whether
the advertisement is paper or electronic;
• Requirement for renters to sign agreement acknowledging roles set forth in Municipal Code Chapter 7.30 and prominent posting of rules
within the rental unit;
• Renting as short-term rental sleeping areas only those bedrooms listed in this application which must not exceed the limits outlined in
Millbrae Municipal Code Section 7.30;
• Notification to City within 48 hours if the authorized agent will change;
• Notification to City if a hosted unit will be operated as a non -hosted unit;
• Reporting monthly to the Tax Administrator, the number of nights the residential unit has been rented as a short-term residential rental;
• Submitting Complete and Accurate Monthly Transient Occupancy Tax Returns event if the rental was not rented during the month;
• Paying all applicable taxes;
• Maintaining records for three years which demonstrate compliance with the Transient Occupancy Tax Ordinance;
By signing below, I certify my understanding of the above and the following:
• Failure to comply with any of the above listed conditions, in addition to those additional conditions set forth in the Short -Term
Residential Rental Ordinance, will be cause for enforcement action by the City of Millbrae, San Mateo County Sheriffs, or other law
enforcement, resulting in the accrual of fines and penalties and/or prohibition from the Short -Term Residential Rental Program.
• I further understand that I am responsible for the violation of any operating restriction by renters or guests of the rental unit and failure
to prevent the violation.
Any time during the term of the Short Term Rental Permit, the Director of Community Development may initiate proceedings to revoke
this permit if, in the Director's discretion:
o The short-term rental use is detrimental to the public health, safety, or welfare;
o The permittee has provided materially false or misleading information in any submittal required under this chapter;
o The permittee has failed to make any payments of taxes, penalties, or costs owed to the City within 30 days of when such payment
is due;
o Three or more violations of any applicable federal, state, or local law, regulation, or permit relating to a short-term residential
rental operated by the permittee have occurred within the previous 24-month period;
o The short term residential rental unit is no longer the permittee's primary residence.
Signature of Applicant / Operator:
Printed Name of Applicant / Operator:
Signature of Property Owner (if not Applicant / Operator)
Signature
Printed Name of Property Owner:
Date. -
Date:
L� R &INDEMNIFICATION (PERMITrEE) r
SHORT-TERM RESIDENTIAL RENTAL WAIVER AND INDEMNITY
I hereby acknowledge that my participation in the City of Millbrae Short Term Residential Rental Program (STRR Program) is voluntary, and may
involve risk of property damage and injury to persons. I hereby agree to assurne all risks of participation in the STRR Program.
I further waive and discharge all claims against, and promise not to sue the City of Millbrae, its councilmembers, officers, employees, and agents
(collectively "City Parties") for any liability, losses, damages, costs (including attorneys' fees), judgments, penalties, and any other consequence of
my participation in the STRR Program, including, without limitation, damage to property, personal injury, and wrongful death.
I further agree to indemnify, defend, and hold harmless City Parties against all claims, liabilities, losses, damages, costs (including attorneys' fees),
judgments, and penalties of any sort arising out of my participation in the STRR Program.
Signature of Applicant / Operator:
Printed Name of Applicant / Operator:
Signature of Property Owner (if not Applicant / Operator)
Signature:
Printed Name of Property Owner:
Date:
Date:
GRANT`,QF AUTHORITY; WAIVER & INDEMNIFICATION (PROPERLY OUVN ,
�. ,. , r .
SHORT-TERM RESIDENTIAL RENTAL GRANT, WAIVER AND
INDEMNITY
I hereby grant my tenant (Tenant) permission to use my property located at as a short term
residential rental, as defined in the City of Millbrae Municipal Code. I acknowledge that participation in the City of Millbrae Short Term Residential
Rental Program (STRR Program) is voluntary, and may involve risk of property damage and injury to persons. As between myself and the City of
Millbrae, I hereby agree to assume all risks of participation in the STRR Program.
I further waive and discharge all claims against, and promise not to sue the City of Millbrae, its councilmembers, officers, employees, and agents
(collectively "City Parties") for any liability, losses, damages, costs (including attorneys' fees), judgments, penalties, and any other consequence of
my participation in the STRR Program, including, without limitation, damage to property, personal injury, and wrongful death.
I further agree to indemnify, defend, and hold harmless City Parties against all claims, liabilities, losses, damages, costs (including attorneys' fees),
judgments, and penalties of any sort arising out of Tenant's participation in the STRR Program.
Signature of Applicant / Operator:
Printed Name of Applicant / Operator:
Signature of Property Owner (if not Applicant / Operator)
Signature:
Printed Name of Property Owner:
Date:
Date:
AUTHORITtOF AGENTS ANb SECONDARY CONTACTS
GRANT OF AUTHORITY AND ACKNOWLEDGEMENT OF DUTY
I hereby authorize my authorized agent(s) listed below (Authorized Agents) to take any and all actions necessary to operate and manage my short
term residential rental (STRR) unit while it is rented. This authority includes, without limitation, the ability to receive notices on my behalf, enterthe
unit, and grant City officials and peace offices access to the unit for law enforcement purposes.
Authorized Agent #1:
Authorized Agent #Z:
I agree that I or my Authorized Agents will respond to all telephone and email requests relating to activity at the STRR unit at all times while the unit
is rented, twenty four hours per day, seven days per week.
I agree that I or my Authorized Agents will be available to respond in person to requests from renters, peace officers, and City officials relating to
activities at the STRR unit within one hour, twenty four hours per day, seven days per week.
I agree that I or my Authorized Agents will grant entry to the STRR unit to any City official or peace officer, upon request where the City official or
peace officer has a reasonable suspicion of unlawful activity ongoing within the STRR unit.
I acknowledge that failure to perform any of the duties stated herein is a violation of the Millbrae Municipal Code, and may result in fines and
penalties, including, without limitation, revocation of my STRR permit.
I consent to the City releasing the names and contact information of my Authorized Agents to all property owners within 500 feet of the STRR unit,
and posting the information publicly in hard copy and electronic copy as part of a citywide STRR registry.
)ignature of Applicant / Operator:
Printed Name of Applicant / Operator:
Signature of Property Owner (if not Applicant / Operator)
Date:
Signature: Date:
Printed Name of Property Owner:
DEPOSIT FORI� (TENANTS ANP NOWHOSTEQ UNITS)
DEPOSIT AGREEMENT
This Agreement is to memorialize the terms of my deposit of $1,000 (Deposit) with the City of Millbrae as consideration for my participation in the
City of Millbrae short term residential rental (STRR) program.
I hereby authorize the City of Millbrae to hold this Deposit for the duration of the STRR permit in an account bearing interest at the current Local
Agency Investment Fund rate, with both the interest and principle to be returned to me at the expiration of the permit less sums deducted pursuant
to this Agreement.
I further authorize the City of Millbrae to deduct from the Deposit any fines, penalties, costs, or expenses allowable by law accrued as a result of the
operations or activities relating to the STRR permit, if I fail to make such payments in a timely manner.
If, at any point, the City of Millbrae deducts an amount from the Deposit, I agree to provide additional funds to the City of Millbrae to return the
Deposit to its original sum of $1,000.
1 acknowledge that violations of this Agreement constitute violations of the Millbrae Municipal Code, and may result in fines and penalties, including,
without limitation, revocation of my STRR permit.
Signature of Applicant / Operator:
Printed Name of Applicant / Operator:
Signature of Property Owner (if not Applicant / Operator)
Signature:
Printed Name of Property Owner:
Date:
Date. -
Office Use Only:
Registration #: Application #:
Forms of ID Presented
❑ Driver's License
❑state ID Card
❑ Homeowner's Tax Exemption
❑ Voter Registration
❑ Vehicle Registration
❑ Utility Bill Type:
❑ Additional Utility Bills Type:
(does not count as additional form) Type:
❑ Vehicle Insurance
❑ Other
❑ Other
❑ Other
Business License
Information:
Insurance
Information:
STRR Permit No.
Date issued:
Date Issued:
Carrier:
Date of Coverage:
Date Issued on DL: Date Expires on DL:
Date Issued on ID: Date Expires on ID:
Date of Receipt:
Date Issued:
Date Issued on VR: Date Expires on VR:
Date of Bill:
Date of Bill: _
Date of Bill:
Date Issued: Date Expires
Business Name:
Policy Type:
Amount of Coverage:
Date Expires:
BUR— IN�AAGENDA NO: 9b
STAFF REPORT
MEETING DATE: November 2, 2020
To: Honorable Mayor and City Council
Date: November 2, 2020
From: Kathleen Kane, City Attorney — (650) 558-7204
Scott Spansail, Asst. City Attorney — (650) 558-7204
Kevin Gardiner, Community Development Director — (650) 558-7253
Subject: Introduction of an Ordinance Amending Chapter 25.39 RRMU (North Rollins
Road Mixed Use) District Regulations and Chapter 25.40 NBMU (North
Burlingame Mixed Use) District Regulations of the Burlingame Municipal
Code.
RECOMMENDATION
Staff recommends that the City Council consider proposed amendments to the Burlingame
Municipal Code regarding zoning standards for the North Rollins Road Mixed Use District and North
Burlingame Mixed Use District. In order to do so, the Council should:
1. Receive the staff report and ask any questions of staff.
2. Request the City Clerk to read the title of the proposed ordinance.
3. By motion, waive further reading and introduce the proposed ordinance.
4. Conduct a public hearing on the proposed ordinance.
5. Following closure of the public hearing, discuss the proposed ordinance and provide any
direction to staff; if no changes are requested, direct staff to bring it back for adoption and
ask the City Clerk to publish a summary of the ordinance at least five days before proposed
adoption.
BACKGROUND
"Envision Burlingame" is the combined update of the Burlingame General Plan and Zoning
Ordinance. The Draft General Plan was released in August 2017, and the Environmental Impact
Report (EIR) in July 2018. The City Council certified the EIR and adopted the General Plan on
January 7, 2019.
State law requires zoning ordinances to be consistent with the respective general plan. Given the
amount of time that is needed to prepare the complete Zoning Ordinance Update, staff directed the
consultant team to initially focus on interim regulations applicable to the most significant "change
areas" identified in the Draft General Plan. These include:
• North Rollins Road Mixed Use Zone ("Live/Work" land use designation in the General Plan,
comprising the northern portion of the Rollins Road corridor)
• North Burlingame Mixed Use Zone ("North Burlingame Mixed Use" land use designation in
the General Plan, in proximity to Burlingame Plaza and the Millbrae Transit Center)
1
North Rollins Road Mixed Use and North Burlingame Mixed Use Districts November 2, 2020
The approach allowed interim zoning for these two areas to be adopted concurrently with the
General Plan, so that consistent zoning has been in place for the areas with the most significant
changes to land use and building form. At its meeting on January 7, 2019, the City Council adopted
a temporary urgency ordinance providing interim zoning for these two areas, and on February 19,
2019 the City Council further extended the ordinance for a period no longer than 24 months total.
DISCUSSION
The full update of the Zoning Ordinance is currently underway. Staff has been reviewing
administrative drafts of each chapter and anticipates Planning Commission review and public
hearings to commence in January 2021. However, there are two pressing issues that require the
interim zoning for the North Rollins Road Mixed Use and North Burlingame Mixed Use Districts to
be replaced with permanent zoning regulations prior to the update of the full Zoning Ordinance.
First, under Government Code § 65858, an interim ordinance may remain in effect for up to 24
months total (including the original urgency ordinance and any further extensions). January 7, 2021
will mark 24 months since the original urgency ordinance allowing interim zoning for these two
areas was adopted. While progress has been made in drafting the update to the full Zoning
Ordinance, the January 7, 2021 date is quickly approaching, at which time permanent zoning must
have been adopted to replace the interim standards. The permanent zoning must be reviewed by
the Planning Commission and adopted by the City Council prior to January 7, 2021.
Second, amendments are required to be made to the regulations in both districts to comply with
the applicable airport/land use policies and criteria contained in the Comprehensive Airport Land
Use Compatibility Plan for the Environs of San Francisco International Airport (SFO ALUCP). The
SFO ALUCP is intended to provide for the orderly growth of an airport and the area surrounding
the airport, excluding existing land uses. Its primary function is to safeguard the general welfare of
the inhabitants within the vicinity of the airport and the public in general. Each airport's ALUCP
follows guidance from the California Airport Land Use Planning Handbook.
Prior to adoption, the General Plan was reviewed by the SFO Airport Land Use Committee (ALUC)
and the Airport Land Use Commission, and was determined to be conditionally compatible with the
SFO ALUCP. However, the interim zoning chapters were not reviewed for consistency with the
SFO ALUCP because the regulations were adopted on an interim basis. The result has been that
each new development application within the North Rollins Road and North Burlingame Mixed Use
Districts has needed to be individually reviewed by the ALUC and the Airport Land Use
Commission. This has proven to be a burden for projects, as well as for the ALUC and the Airport
Land Use Commission.
In order to respond to these two matters, staff prepared versions of each interim chapter that kept
the overall development standards unchanged, but made edits to comply with the applicable
airport/land use policies and criteria contained in the SFO ALUCP. The intention is to provide a
version of each zoning chapter that can replace the interim version within the timeline required by
Government Code § 65858, but also address the need to provide consistency with the SFO
ALUCP.
2
North Rollins Road Mixed Use and North Burlingame Mixed Use Districts November Z 2020
Staff fully anticipates that there may be further revisions to each chapter when the full update of
the Zoning Ordinance is reviewed. Furthermore, depending on the outcome of the ongoing North
Rollins Road Specific Plan, there may be additional amendments to reflect that process. However,
given the time constraints of the interim zoning, and the need for consistency with the SFO ALUCP,
staff has brought forward these zoning amendments to respond to the immediate needs. As such,
this may be considered a "housekeeping" exercise of sorts.
Exhibits 1 and 2 (attached) illustrate the proposed amendments as shown through tracked text
changes. The changes to comply with the SFO ALUCP are primarily related to regulation of
assembly uses (theaters, schools, daycare, etc.), hazardous materials, disclosures, and Federal
Aviation Administration (FAA) review. Included in the edits are references to "SFO Safety
Compatibility Zones," which are relevant to certain uses being restricted. The North Rollins Road
Mixed Use District is entirely within SFO Safety Compatibility Zone 3 (except for a very small non -
developable corner), and the North Burlingame Mixed Use District includes portions of both SFO
Safety Compatibility Zone 2 and 3. (Please refer to the diagrams attached to the staff report).
On September 24, 2020 the ALUC reviewed the proposed North Rollins Road Mixed Use District
and North Burlingame Mixed Use District Zoning chapters as shown in Exhibits 1 and 2, and on
October 15, 2020 the C/CAG Board (acting as the Airport Land Use Commission) found the
chapters consistent with the applicable airport/land use policies and criteria contained in the
Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco International
Airport (SFO ALUCP).
On October 13, 2020, the Planning Commission reviewed the draft zoning chapters, and
recommended approval to the City Council.
The attached Draft Ordinance sets forth North Rollins Road Mixed Use District and North
Burlingame Mixed Use District Zoning chapters that are consistent with the applicable airport/land
use policies and criteria contained in the SFO ALUCP, and which may be adopted prior to the
conclusion of the 24-month timeframe of the interim chapters.
FISCAL IMPACT
None.
Exhibits:
■ Exhibit 1 — Chapter 25.39 (North Rollins Road Mixed Use) District Regulations Draft Showing
Tracked Changes
■ Exhibit 2 — Chapter 25.40 (North Burlingame Mixed Use) District Regulations Draft Showing
Tracked Changes
■ Map Exhibits — Zoning District Boundaries and SFO Safety Compatibility Zone Boundaries
■ Proposed Ordinance
■ Proposed CEQA Resolution
3
EXHIBIT 1
Chapter 25.39 (North Rollins Road Mixed Use) District Regulations
Draft Showing Tracked Changes
Chapter 25.39
RRMU (North Rollins Road Mixed Use Zoe 'nterorn Stand.,.rJc) District Regulations
da n ��,2019
October 8, 2020
25.39.010 Purpose and Applicability
A. The purpose of the North Rollins Road Mixed -Use Zone (RRMU) is to implement the General
Plan Live/Work land use designation by creating and sustaining a new neighborhood of
creative live/work units and developments, small-scale support commercial businesses, and
other employment uses within easy walking distance to the Millbrae multimodal transit station.
Long-established industrial uses are permitted to remain as conforming uses, provided they
comply with all applicable standards and operational conditions.
B. The provisions of this chapter shall apply to the areas in the city with the "Live/Work" land use
designation as shown on the Land Use Plan, Figure CC-1 of the Burlingame General Plan.
25.39.020 Land Use Regulations
A. Table 25.39-1 identifies the land use regulations for the RRMU zone. Any use not listed below
shall be prohibited, unless the Director finds that the proposed use is similar in characteristics
to allowed uses.
TABLE 25.39-1: RRMU LAND USE
P Permitted
REGULATIONS
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use
Permit Requirement
Specific Use Regulations
COMMERCIAL - RETAIL
Eating and Drinking Establishments
• Bars, Taverns
MCUP
• Night Club
--
• Restaurant
P
• Restaurant — Drive -through
--
Food and Beverage Sales
• General Market
P
• Convenience Store
MCUP
1
TABLE 25.39-1: RRMU LAND USE
P Permitted
REGULATIONS
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use
Permit Requirement
Specific Use Regulations
• Liquor Store
Nurseries and Garden Centers
--
Retail Sales
No outdoor storage or sales
• General
P
permitted in conjunction
• Large Format
--
with any permitted use,
• Specialized
CUP
except for permitted
temporary sales.
TABLE 25 2A_4: RRMU LAND USE
rmitted
GIJP Gendotmonal Use
REGULATIONS
Permit
Permn
TI ID T I Ice
perary
Der ermo
A AGGessor�i�c
Not Permitted
1 USG
Land
�wrra-
Perm i4 �en��iremsM
Spenlfic Use Qegulatio c
Vehicle Fuel Sales and Accessory
Service
--
Vehicle Sales
• Auto and Light Truck — New
• Auto and Light Truck — Used
• Heavy Equipment Sales and
Rental
--
--
--
COMMERCIAL — SERVICES AND RECREATION
Adult Entertainment Businesses
--
Animal Care Services
• Boarding/Kennels
• Grooming
• Veterinarian
--
P
MCUP
Grooming - No overnight
animal stays permitted.
Banks and Financial Institutions
P
Check Cashing and Pay Day Loan
Establishments
--
Commercial Recreation
CUP
Day Care Centers
CUP
Commercial facilities
defined in accordance with
Health and Safety Code,
Section 1596.70, et. Seq.,
and licensed to serve 15 or
more children not allowed.
Family day care homes and
noncommercial employer -
sponsored facilities
ancillary to place of
business allowed with a
CUP.
Food Preparation (catering)
MCUP
Funeral Services and Cemeteries
--
Office — Medical or Dental
CUP
Limited to 5,000 square
feet.
Office — Professional
P
Limited to 5,000 square
feet.
Personal Services — General
P
Personal Services - Specialized
CUP
Theaters
• Live
CUP
• Movie or similar
CUP
Vehicle Service, Repairs, and
Rentals
• Car Wash
--
• Major Repair/Body Work
--
• Minor Repair/Body Work
--
• Rental Facilities
--
TABLE 25 39-1: RRMU LAND USE
rmitted
GIJP Conditional Use
REGULATIONS
Permit
PermConditional Us-e
TI ID T I Ice
perary
Permit
A AGGessor�i�c
Not Permitted
1 USG vv�
�wrra-
Land
Perm i4 �en��iremsM
Spenlfin Use Qegullatiorc
EDUCATIONAL SERVICES
Class or School Uses
CUP
Public and private schools
serving preschool through
rade 12 not allowed.
Trade Schools
--
INDUSTRIAL, MANUFACTURING, PROCESSING, WAREHOUSING, AND
WHOLESALING USES
Food Processing and Production
CUP
Laboratories/Research and
Development
P
CUP required if use entails
hazardous materials.
Biosafety Level 3 and 4
facilities not allowed.
Light Industrial
MCUP
Personal Storage
CUP
Warehousing/Logistics
CUP
Wholesaling
A
Accessory to a permitted
industrial or live/work use.
LODGING
Bed and Breakfast
--
Emergency Shelters
P
Limited in size to 24 beds.
See also Section 25.44.045
(Additional Uses for
Properties in the Northern
Rollins Road Area).
Hostels
--
Hotels and Motels
--
PUBLIC AND QUASI -PUBLIC USES
Community Open Space
P
Hospitals
--
Medical Clinics
CUP
No 24-hour clinics.
Public Assembly Facilities
CUP
Public Parks
P
Places of Religious Assembly
CUP
RESIDENTIAL USES
Live/Work
P
See Section 25.39.030.B.1.
Multi -Family Residential
P
Residential Care Facilities
--
Nursing homes not allowed.
Supportive and Transitional Housing
P
MIXED USES
Mixed Use Developments
P
With individual specific
uses subject to land use
regulatory requirements set
forth in this Table 25.39-1.
TABLE 25 zo_1 • RRM i LAND U
P Permitted
PeFrnot
Gendotmenal Use
wit
TI ID Temporary I Ice
REGULATIONS ATIONS
Permit
AAceess ry I Ice
Not Permitted
I Use
Barra -
Land
TRANSPORTATION AND UTILITIES
Air courier, delivery, or other
--
transshipment services
Parking facilities, including parking
A
garages
Transit Facilities
--
Utilities
MCUP
Vehicle Storage
--
DRAINAGE RIGHTS -OF -WAYS
Publicly Owned and Operated
P
Drainage Facilities and
Improvements
Privately Owned and Operated
P
Electric Transmission Lines
Supplemental Parking for Permitted
CUP
or Conditional Uses in the District
Storage of Operable Vehicles
CUP
a) Vehicles must be in
operable condition and
must be managed at all
times by a single,
responsible person with
access to the keys for all
vehicles.
b) Vehicles shall be moved
by appointment only and
shall not be moved
during a.m. and p.m.
peak hour traffic periods
as defined by the city
engineer.
c) Site size must be a
minimum of .7 acres.
d) Site must have approved
access to a public street.
e) No customers shall visit
the site.
Storage of Recreational Vehicles
CUP
Vehicles shall not be
and Boats
moved during a.m. and
p.m. peak hour traffic
periods as defined by the
city traffic engineer.
TABLE 25.39-1; RRMU LAND USE
p Permitted
CUP Conditional Use
REGULATIONS
Permit
MCUP Minor
Conditional U-se,
Permit
UP Temporary I Ice
Permit
r� i�c
A AG
.�...G.G8
Islet De tter!
n
1 Use
Land
i�rr-
Outdoor Storage
CUP
Must be related to
immediately abutting uses
which are permitted or
conditional in the district.
Fencing
CUP
Uses Similar in Nature to Those
Allowed in This Section
CUP
Must have frontage on a
public street and which
proposed use and siting
meets all the requirements
established by the city
engineer.
Long Term Airport Parking
--
SPECIFIC AND TEMPORARY USES
Outdoor Temporary and Seasonal
Sales
TUP
Temporary Uses
TUP
Outdoor Dining
A
Note:
Uses must comply with Safety Compatibility Policies SP-1 through SP-3 of the
Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco
International Airport including Noise/Land Use Compatibility and Safety Compatibility Criteria
listed in Tables IV-1 and IV-2. Some uses listed above may be incompatible in safety zones.
The North Rollins Road Mixed Use Zone is entirely within Safety Compatibility Zone 3 — Inner
Turning Zone.
B. Maximum Retail Sales Building Size. No retail sales establishment shall exceed 15,000
square feet of gross floor area. An applicant may request a retail sales building larger than
15,000 square feet, but in no case larger than 30,000 square feet, through the Conditional
Use Permit process.
C. Stand-alone Residential, Commercial, and Light Industrial Uses. Stand-alone
commercial, residential, and light industrial developments are permitted.
D. Limitations on Use. The following uses and activities shall be prohibited:
1. New manufacturing and industrial uses except those specifically allowed in Table 25.39-
1, except nonconforming uses as allowed in subsection 25.39.020.F.
0
2. Vehicle/equipment repair (e.g., body or mechanical work, including boats and recreational
vehicles, vehicle detailing and painting, upholstery, or any similar use).
3. In any residential or live/work unit, storage of flammable liquids or hazardous materials
beyond that normally associated with a residential use.
4. Any other activity or use, as determined by the Community Development Director, to be
incompatible with residential activities and/or to have the possibility of affecting the health
or safety of residents due to the potential for the use to create dust, glare, heat, noise,
noxious gases, odor, smoke, traffic, vibration, or other impacts, or would be hazardous
because of materials, processes, products, or wastes.
E. Nonconforming Industrial Uses.
General. The purpose of this subsection is to recognize and allow for the continued use
of industrial activities that become nonconforming with the adoption of this Chapter.
Except as provided in this subsection, the nonconforming use regulations set forth in
Chapter 25.50 (Nonconforming Uses and Structures) shall apply.
2. Discontinuance of nonconforming uses. If a nonconforming use of a lot, building, or
structure is discontinued for a continuous period exceeding three years, the right to
continue the nonconforming use shall expire.
3. Allowed expansion of nonconforming industrial uses. Expansion of a legally
established nonconforming industrial use is permitted on the same site with the issuance
of a Conditional Use Permit.
4. Change from a nonconforming industrial use to another nonconforming industrial
use. The Community Development Director may authorize a change from a legally
established nonconforming industrial use to another nonconforming industrial use upon
making the finding that the new use is similar in character to the existing nonconforming
use and does not have the potential to result in adverse impacts on surrounding uses.
25.39.030 Development Standards
A. Development Standards Generally; Calculation of FAR and Density.
1. Development projects shall comply with the development standards set forth in Table
25.39-2 (RRMU Development Standards). The floor area ratio (FAR) standards shall apply
to the non-residential component on a development on a site; the density standards shall
apply to any residential component. The non-residential (FAR) and residential (density)
components may be additive.
2. A developer may elect to develop consistent with either Tier 1,
development standards for live/work and any other non -industrial
development. Projects using Tiers 2 or 3 standards shall provide
pursuant to subparagraph 25.39.030.C, below.
Tier 2, or Tier 3
or non -institutional
community benefits
9
TABLE 25.39-2
RRMU DEVELOPMENT STANDARDS
Live/Work, Residential, Mixed Use and
Industrial
Development
Commercial Development
and
Additional
Base
Increased
Maximum
Standards
Institutional
Regulations
Standard
Intensity
Intensity
Developme
Tier 1
Tier 2
Tier 3
nt
a. Density —
30 du/ac
50 du/ac
70 du/ac
N/A
Tiers 2 and 3
Maximum
must provide
(applies to
community
residential
benefits per
component)
subparagraph
C below.
b. Floor Area
Tiers 2 and 3
Ratio —
0.50
0.75
1.0
1.02
must provide
Maximum
community
(applies to non-
benefits per
residential
subparagraph
component)'
C below.
c. Heigh
3 stories/40 ft.
5 stories/55
7 stories/80
50 ft.
Tiers 2 and 3
Height 4
maximum
ft. maximum
ft. maximum
must provide
community
(Unless
benefits per
othvn,ervvive
subparagraph
GORtr011ed by
mwimi im
ern
heights
-by
C below.
established
them
Aviation
dministratiGR
for p
affoc�TTcti ed by
airport safety
d. Setbacks
• Front:
0 - 15 ft.
0 - 15 ft.
0 — 15 ft.
20 ft.
Subject to
Mixed -Use
streetscape
Arterial
frontage
(Rollins
standards in
Road)
Table 25.39-3
• Front: All
12 ft. from
12 ft. from
15 ft. from
15 ft. from
Subject to
other streets
edge of curb
edge of curb
edge of curb
edge of curb
streetscape
frontage
standards in
Table 25.39-3
• Side —
10 ft.
10 ft.
10 ft.
0 ft.
Setbacks for
Interior
adjacent
industrial uses
to
apply only to
industrial
new
10
TABLE 25.39-2
RRMU DEVELOPMENT STANDARDS
Live/Work, Residential, Mixed Use and
Industrial
Development
Commercial Development
and
Additional
Base
Increased
Maximum
Standards
Institutional
Regulations
Standard
Intensity
Intensity
Developme
(Tier 1)
(Tier 2)
Tier 3
nt
use/20 ft.
construction;
adjacent
established
to all
industrial uses
other
shall be
uses
considered
conforming
with regard to
required
setbacks.
• Side —
10 ft.
10 ft.
10 ft.
10 ft.
Subject to
Street
streetscape
frontage
standards in
Table 25.39-3
• Rear
20 ft.
20 ft.
20 ft.
0 ft. adjacent
Setbacks for
to industrial
industrial uses
use/20 ft.
apply only to
adjacent to
new
all other
construction;
uses
established
industrial uses
shall be
considered
conforming
with regard to
required
setbacks.
• Alley
5 ft.
5 ft.
5 ft.
10 ft.
If alley is used
for direct
access to a
garage,
setback shall
be 20 ft. to
allow vehicle
access.
e. Edge
See Section 25.39.030.13.4.
condition
between
industrial and
residential use
f. Lot Dimensions — Minimum
11
TABLE 25.39-2
RRMU DEVELOPMENT STANDARDS
Live/Work, Residential, Mixed Use and
Industrial
Development
Commercial Development
and
Additional
Base
Increased
Maximum
Standards
Institutional
Regulations
Standard
Intensity
Intensity
Developme
Tier 1
Tier 2
Tier 3
nt
• Size
• Mixed use
• Mixed use
• Mixed use
10,000 sf
developmen
developme
developm
t: 10,000 sf
nt: 10,000
ent:
• Residential
sf
10,000 sf
subdivision:
• Residential
• Residentia
3,500 sf
subdivision
I
3,500 sf
subdivisio
n: 3,500 sf
• Width at
• Mixed use
• Mixed use
• Mixed use
50 ft.
street
developmen
developme
developm
frontage
t: 100 ft.
nt: 100 ft.
ent: 100 ft.
• Residential
• Residential
• Residentia
subdivision:
subdivision
1
40 ft.
: 40 ft.
subdivisio
n: 40 ft.
g. Lot
60%
60%
60%
70%
Coverage —
Maximum3
h. Open Space
. Live/work
• Live/work
Live/work
N/A
Minimum
for residential
units: 100 sf
units: 100
units: 100
dimensions of
units per unit —
• Multifamily
sf
sf
open space:
Minimum
housing or
. Multifamily
• Multifamily
mixed use:
housing or
housing or
• Private: 5 ft.
125 sf
mixed use:
mixed use:
deep, 8 ft.
• Open space
125 sf
125 sf
wide
may be
. Open
• Open
• Common: 15
either
space may
space may
ft. in any
private,
be either
be either
direction
common, or
private,
private,
include both
common,
common,
Any required
or include
or include
pedestrian
both
both
plaza/public
space, as set
forth in
subsection
B.3, below,
may count
toward up to
50% of the
common open
space.
i. Percent
15%
20%
20%
15%
landscape
12
TABLE 25.39-2
RRMU DEVELOPMENT STANDARDS
Live/Work, Residential, Mixed Use and
Industrial
Commercial Development
and
Development
Institutional
Additional
Base
Increased
Maximum
Standards
Standard
Intensity
Intensity
Developme
Regulations
(Tier 1)
(Tier 2)
Tier 3
nt
coverage -
Minimum
Notes:
Above -ground parking structures shall be exempt from Floor Area Ratio (FAR) calculations.
2 FAR of Industrial, Manufacturing, Processing, Warehousing, and Wholesale uses may be
increased to 1.5 with a Conditional Use Permit.
3 Lot coverage may be increased if additional useable common open space equivalent to the
additional lot coverage (in square feet) is provided on a podium -level landscaped courtyard or
plaza.
a Maximum building heights are also required to comply with Airspace Protection Policies AP-1
through AP-4 of the Comprehensive Airport Land Use Compatibility Plan for the Environs of
San Francisco International Airport (ALUCP). This includes determining the need to file Form
7460-1, Notice of Proposed Construction or Alteration, with the FAA for any proposed protect
that would exceed the FAA notification heights, as shown approximately on ALUCP Exhibit IV-
10 and complying with FAA Aeronautical Study Findings. It also includes complying with the
maximum compatible building height, which includes all parapets, elevator overruns, etc. of a
building, as noted in ALUCP policy AP-3 and depicted in Exhibits IV-17 and IV-18 of the
ALUCP.
13
B. Additional Regulations.
1. Live/Work Standards.
a. Purpose and Applicability. The provisions in this section shall apply to live/work
units.
b. Intent. The development standards of this section are intended to facilitate the creation
of new, adaptable live/work units in a manner that preserves the surrounding industrial
and artistic character, supports enhanced street level activity, maintains a consistent
urban streetwall, and orients buildings and pedestrians toward public streets.
Live/work Units are intended to be designed with adequate workspace, higher ceilings,
larger doors, sufficient natural light, open floor plans, and equipped with non-
residential finishes and features that support arts and production activities.
c. Density/Floor Area Allocation. Live/work units consistent with the provisions of this
section may be apportioned from either the Residential (as specified by Density
standards in Table 25.39-2) and/or Nonresidential (as specified by Floor Area
Ratio/FAR standards in Table 25.39-2) allocations for a property.
d. Limitations on Use. The nonresidential component of a live/work unit shall be limited
in use to those uses set forth in Table 25.39-1 (RRMU Land Use Regulations).
Nonresidential/work is not required; however, each unit shall be designed to be
adaptable and facilitate work activities per the provisions in this section.
e. Floor Area Requirement. A live/work unit shall have a minimum floor area of at least
750 square feet. At least 150 square feet of a live/work unit shall be designated as
suitable for workspace, and measure not less than 15 feet in at least one dimension
and no less than 10 feet in any dimension. The area suitable for workspace for each
unit shall be clearly demarcated on approved building plans.
Separation of and Access to Individual Units. Access to each individual live/work
unit shall be provided from shop fronts, directly from the sidewalk parallel to the
primary or secondary street, or from common access areas, corridors, or halls. The
access to each unit shall be clearly separate from other live/work units or other uses
within the building.
g. Location of Living Space — Ground Floor Units. Ground floor live/work units shall
designate the front 20 feet of the unit as area suitable for workspace, in order to
maintain activity and commercial access along the frontage. Dedicated living space
may be located in the rear portion of the ground level, provided the front 20 feet of the
unit is designated as suitable for work.
h. Ceiling Height. Ground floor live/work units shall have floor to ceiling height of 15 feet
or greater, measured from top of floor to bottom of ceiling. Upper floor live/work units
shall have floor to ceiling height of 10 feet or greater. A mezzanine space shall not be
included in the calculation of minimum height for any floor or level.
i. Integration of Living and Working Space. Areas within a live/work unit that are
designated as living space shall be an integral part of the live/work unit and not
14
separated (or occupied and/or rented separately) from the area designated for
workspace.
j. Client and Customer Visits. Client and customer visits to live/work units are
permitted.
2. Pedestrian Plaza/Public Space. Where total lot area or development site equals
50,000 square feet or greater, a pedestrian plaza or other public open space/gathering
space shall be provided that meets the following design criteria:
a. Is a minimum of 1,500 square feet in size;
b. Has a minimum dimension at least 30 feet on any side;
c. Is at least 50 percent open to the sky;
d. Is located at ground level with direct pedestrian and ADA access to the adjacent
public street;
e. Is unenclosed by any wall, fence, gate, or other obstruction across the subject
property;
f. Is open to the public, without charge, each day of the year, except for temporary
closures for necessary maintenance or public safety; and
g. Includes at least one gathering space with a fountain or other focal element.
3. Mid -Block Plazas and Paseos. Where blocks (measured from curb face to curb face)
are longer than 400 feet, and where a development has more than 300 feet of frontage,
at least one plaza, pedestrian pathway or paseo shall be provided perpendicular to the
block face. All such plazas shall meet the design criteria outlined in 25.39.030.B.2. All
such paseos shall meet the following design criteria:
a. Be open to the public and remain so during daylight hours;
b. Be at least 15' wide, and 15' deep if a plaza;
c. Have a clear line of sight to the back of the paseo, gathering place, or focal element;
and
d. Be at least 50% open to the sky or covered with a transparent material.
4. Industrial/Residential Interface. Any live/work unit or other residential unit on a site
abutting an industrial use on an adjoining site shall be set back a minimum of 15 feet
from the lot line shared by the property with the industrial use. A minimum six -foot -high
masonry wall or other buffering feature suitable to the review authority shall be provided
along the shared property line.
5. Residential Notice. Residents of new live/work, mixed -use, and stand-alone residential
development projects, whether owners or tenants, shall be notified in writing before taking
up residence that they will be living in an urban -type environment, that the noise levels
may be higher than in a strictly residential area, and that there may be odors associated
with commercial and industrial uses. The covenants, conditions, and restrictions of any
development with a residential use shall require that prospective residents acknowledge
the receipt of the written noise notification. Such written noise notification shall be
provided in residential leases. Signatures shall confirm receipt and understanding of this
information.
C. Community Benefit Bonuses — Tiers for Increased FAR, Density, and Height.
15
Purpose and Applicability. To provide an incentive for development, and in partnership
with the City to provide community benefits that would not otherwise be created, the
Planning Commission may grant increased FAR, density, and/or height in return for
provision of specific community benefits, as listed below or subsequently identified by the
City Council, if doing so is in the City's interest and will help implement the General Plan
and further, if these benefits cannot be realized without granting increased FAR, height,
and/or density. A variety of objectives are listed to ensure that proposed project features
are appropriate for the site and surroundings, and to allow for a wide range of possible
project types.
2. Tier 2 — Number of Community Benefits. The Planning Commission may approve Tier
2 projects if it determines that the project includes at least two community benefits from
subsection 4 of this Section (Community Benefits Objectives). At least one affordable and
workforce housing objective from 4.a shall be chosen.
3. Tier 3 — Number of Community Benefits. The Planning Commission may approve Tier
3 projects if it determines that the project includes at least three community benefits from
subsection 4 of this Section (Community Benefits Objectives). At least one affordable and
workforce housing objective from 4.a shall be chosen.
4. Community Benefit Objectives.
a. Affordable and Workforce Housing.
i. The project provides affordable housing at the rate of five percent for low-income
households, or 10 percent for moderate -income households, as a percentage of
the total number of housing units built, for a period of 55 years or greater.
ii. The project qualifies for, and utilizes, a density bonus in compliance with the City's
affordable housing incentives (Chapter 25.63).
b. Pedestrian Amenities. The project includes major pedestrian connections in excess
of minimum paseo requirements.
c. Public Plazas Beyond Minimum. Public plazas or other publicly accessible open
spaces at least 50 percent larger than the minimum required. Where provided, such
public plazas and open spaces shall be subject to the following:
The public plaza shall be owned, operated, and maintained by the developer or
property manager in accordance with an approved maintenance plan to be
reviewed and approved by the Community Development Director;
Each part of the public plaza shall be accessible from other parts of the open
space without leaving the open space area;
iii. The public plaza shall be on the ground level and directly accessible from the
sidewalk, and be accessible to persons with disabilities;
iv. The public plaza shall be open to the public, without charge, each day of the year,
except for temporary closures for necessary maintenance or public safety; and
16
V. At a minimum, the following elements shall be included: trees and landscaping,
seating, bicycle racks, trash and recycling receptacles, and signage that include
hours of operation.
d. Off -Site Streetscape Improvements. Does not include improvements along the
frontage of a development site that would normally be required. Examples include:
Enhanced pedestrian and bicycle -oriented streetscapes;
Protected bicycle lanes and pedestrian pathways, improved bicycle and
pedestrian crossings/signals, bicycle racks/shelters;
iii. New pedestrian and bicycle connections to transit facilities, neighborhoods, trails,
commercial areas, etc.;
iv. Removal of existing pedestrian and bicycle barriers (e.g. dead -ends and cul-de-
sacs);
V. Upgrading traffic signals to enhance pedestrian and bicycle safety.
e. Cultural Arts Space. Includes space for visual arts, performing arts, artist housing,
and other activities that support arts and culture.
f. Pedestrian and Similar Paths and Connections between Adjacent Properties. To
effectuate the goal of creating walkable and bikeable environments, improved
pedestrian ways and other paths open to the public that accommodate easy movement
across and between properties under separate ownership.
g. Historic Preservation (Off -Site). Where there are no historic resources on the
project site, the project provides for the permanent preservation of a building off site
that is listed in the City's inventory of historical resources through the recordation of a
historic preservation agreement.
h. Mode Split. The project provides for a permanent mobility mode shift towards
alternative transportation of up to 25 percent for building occupants through a
Transportation Demand Management Program. Prior to the issuance of building
permits, a covenant agreement shall be recorded that discloses the required
Transportation Demand Management provisions. This agreement shall be recorded in
the office of the County Recorder to provide constructive notice to all future owners of
the property of any ongoing programmatic requirements.
i. Zero Net Energy. The project provides 100 percent of total building energy load
measured as kilowatt per square foot through solar panels, wind turbines, or other
renewable sources.
j. Publicly Accessible Park Space. Contribution towards the provision of public parks
in the North Rollins Road area. Contribution can be in the form of dedication of land,
provisions of improvements, or payment of fee in excess of that normally required for
parks.
17
k. Public Parking Facilities. The project provides publicly accessible parking to serve
area -wide parking needs. To qualify, the parking spaces should be permanently
available for public use and subject to easements or restrictions acceptable to the City.
I. Flexible (Miscellaneous) Benefit. The applicant agrees to provide a currently
undefined community benefit approved by the City Council that is significant and
substantially beyond normal requirements. Examples are inclusion of a child care
center or community event space in a new development project, off -site utility
infrastructure improvements above and beyond those required to serve the
development, additional funding for City programs such as contribution to a local
fagade improvement program, or subsidy for existing commercial tenants or other local
small businesses.
25.39.040 Design Standards and Objective Design Criteria.
A. Design Standards. All new development shall be designed to achieve the following
objectives:
1. The overall design intent of the RRMU zone is to provide for an eclectic mix of residential,
live/work, commercial, and light industrial development that has an industrial and
contemporary look in terms of materials used, architectural styles, and building forms.
2. Site and building design shall provide for internal compatibility among the different uses in
terms of noise, hours of operation, vehicle and pedestrian circulation, access, use of open
space, and similar operating characteristics.
3. Potential noise, odors, glare, pedestrian traffic, and other potentially significant impacts on
residents shall be minimized to allow a compatible mix of residential and nonresidential
uses on the same site.
4. The design of any live/work or mixed -use project shall take into consideration potential
impacts on adjacent properties and shall include specific design features to minimize
potential impacts.
5. The design of the mixed -use project shall ensure that the residential units are of a
residential character and that privacy between residential units and between other uses
on the site is maximized.
6. The design of the structures and site planning shall encourage integration of the street
pedestrian environment with the nonresidential uses through the use of plazas,
courtyards, walkways, and street furniture.
7. Site planning and building design shall be compatible with and enhance the adjacent and
surrounding built environment in terms of scale, building design, color, exterior materials,
roof styles, lighting, landscaping, and signage.
B. Building Orientation, Entrances, and Articulation.
1. Building Design. Recognizing the varied commercial and industrial character of the area,
new development and redevelopment projects should be encouraged to feature a blend
m
of both commercial and residential design features, including modern, industrial type
building design.
2. Orientation. The main building of a development shall be oriented to face a public street.
Building frontages shall be generally parallel to streets. For all residential, retail, and office
uses, at least one primary entrance to a ground -floor use shall face the adjacent street
right-of-way. Ground -related entrances include entrances to ground -floor uses.
3. Ground Floor Transparency. At least 45 percent of the exterior walls on the ground floor
facing the street shall include windows, doors, or other openings.
4. Nonresidential Entrances. Entries shall be clearly defined features of front fagades and
of a scale that is in proportion to the size of the building and number of units being
accessed. Larger buildings shall have a more prominent building entrance while
maintaining a pedestrian scale.
5. Transitional Space at Residential Entries. New residential buildings shall provide
transitional spaces in the form of stoops, overhangs, and porches between public areas
fronting the primary street and entrances. This type of element or equivalent shall be
required for each unit or group of units, but no less than one of this type of element shall
be provided.
6. Building Articulation. Except for buildings housing industrial uses, no street frontage wall
may run in a continuous plane for more than 25 feet without an opening (door or window)
or offsets, or as approved by the review authority if the project is constrained by unusual
parcel size, shape, use, or other features that the responsible review authority accepts as
rendering this requirement infeasible. Openings fulfilling this requirement shall have
transparent glazing and provide views into work areas, display areas, sales areas, lobbies,
or similar active spaces. Offsets shall vary in depth and/or direction of at least 18 inches,
or a repeated pattern of offsets, recesses, or projections of similar depth.
7. Structured Parking. Structured parking facing public streets should be fronted or
wrapped with actively occupied spaces such as storefronts, live/work units, residential
community amenities, and lobbies. Access to parking shall be designed so that it is not
prominent and ties into the adjacent architectural style.
C. Site Layout
1. Streetscape. Street frontages shall meet the standards set forth in Table 25.39-3 (RRMU
Street Frontage Standards).
TABLE 25.39-3: RRMU STREET FRONTAGE STANDARDS
Street Type
Frontage — Measured from Back of Curb to
Buildin Face
Mixed -Use Arterial
(Rollins Road)
Building Frontage
Setback
15 ft. minimum
Walk Zone Public
10 ft. minimum
Amenity/Planter Zone
5 ft. minimum
Tree Wells
5 ft. by 5 ft. minimum
Mixed -Use Collector
Adrian Road
Building Frontage
Setback
—
12 feet
19
Walk Zone Public
6 ft. minimum
Amenity/Planter Zone
5 ft. minimum
Tree Wells
5 ft. by 5 ft. min
Mixed -Use Access
(Adrian Court,
Broderick Road,
Guittard Road, Ingold
Road)
Building Frontage
Setback
10 feet
Walk Zone Public
6 ft. minimum
Amenity/Planter Zone
4 ft. minimum
Tree Wells
1 4 ft. by 4 ft. minimum
Build -To Lines
At least sixty (60) percent of the structure shall
be located at the Building Frontage Setback.
Exceptions
Exceptions to Building Frontage Standards may
be granted to accommodate conflicts with
recorded easements, rights -of -ways, etc.
2. Pedestrian Access. On -site pedestrian circulation and access shall be provided per the
following standards:
a. Internal Connections. A system of pedestrian walkways shall connect all buildings
on a site to each other, to on -site automobile and bicycle parking areas, and to any
on -site open space areas or pedestrian amenities.
b. To Circulation Network. Regular and convenient connections between on -site
walkways and the public sidewalk and other existing or planned pedestrian routes,
such as safe routes to school, shall be provided. An on -site walkway shall connect the
primary building entry or entries to a public sidewalk on each street frontage.
c. To Adjacent Areas. Direct and convenient access shall be provided among adjoining
residential and commercial areas and along creeks to the maximum extent feasible
while still providing for safety and security. Public access easements minimum 10 feet
in width shall be provided to allow for future connections.
d. To Transit. Safe and convenient pedestrian connections shall be provided from
adjacent transit stops to building entrances.
3. Location of Parking. Any surface parking facilities shall be located to the side or rear of
any proposed project. No more than 33 percent of the site area at the ground level may
be used for surface parking facilities.
4. Service and Delivery Areas. Unenclosed service and loading areas shall be screened
from residential areas and integrated with the design of the building. Special attention shall
be given when designing loading facilities in a location that is proximate to residential uses.
Techniques such as block walls, enhanced setbacks, or enclosed loading shall be used
to minimize adverse impacts to residents.
25.39.050 Parking
A. Off -Street Vehicle Parking. Parking shall be provided as set forth in Chapter 25.70 (Off -
Street Parking), with the following exceptions for live/work units, stand-alone residential
development, and the residential component of a mixed -use development:
20
TABLE 25.39-4: RRMU OFF-STREET VEHICLE
PARKING
Number of Bedrooms in
a Unit
Minimum Number of
Parking Spaces Required
0 (Studio or Loft)
1 s ace/unit
1
1 space/unit
2
1.5 spaces/unit for
multifamily housing;
2 spaces/unit for live/work
3 or more
2 spaces/unit
Guest parking
None required
B. Vehicle Parking Stall Dimensions. All parking stalls may be provided in a single dimension,
eight and one-half feet in width by 17 feet in length, except for required accessible parking
spaces which 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
only a single dimension stall is used.
C. Aisle Dimensions. All aisles within a parking area shall be as follows:
TABLE 25.39-5: RRMU PARKING AISLE
DIMENSIONS
Parking Space Angle
Required Backup Aisle
90 degree
24 feet
60 degree
18 feet
30 degree
13 feet
D. Stacked/Mechanical Parking. Parking utilizing stackers or mechanical systems may be
approved with a Conditional Use Permit.
E. Bicycle Parking. Bicycle parking shall be provided as follows:
TABLE 25.39-6: RRMU BICYCLE PARKING
Class
Minimum Number of
Parking Spaces Required
Class I — Resident bicycles
0.5 spaces/unit
Class 11 — Guest bicycles
0.05 s aces/unit
F. Electric Vehicle (EV) Charging Stalls. 5 percent of all spaces shall be prepared for EV
charging equipment.
G. Parking Reductions for Transportation Demand Management (TDM) Plan. Projects
utilizing a Transportation Demand Management (TDM) Plan per Section 25.39.030.C.4.h.
shall be allowed up to 20 percent reduction in required off-street vehicle parking (not including
bicycle parking and EV stalls) provided the project provides for a permanent mobility mode
shift towards alternative transportation of 25 percent or greater for building occupants through
the TDM program.
21
25.39.060 Review Procedures
A. Design Review Required. Design review is required pursuant to Chapter 25.57 (Design
Review).
B. Planning Commission Approval of Community Benefits Bonuses. The Planning
Commission shall be the final review authority for an application for Tier 2 and Tier 3 projects.
25.39.070 Comprehensive Airport Land Use Compatibility Plan Consistency. The
following requirements and criteria shall be incorporated into site -specific development projects:
A. Airport Disclosure Notices. All new development is required to comply with the real estate
disclosure requirements of state law. The following statement must be included in the notice
of intention to offer the property for sale:
"Notice of Airport in Vicinity
This property is presently located in the vicinity of an airport, within what is known as an airport
influence area. For that reason, the property may be subject to some of the annoyances or
inconveniences associated with proximity to airport operations (for example: noise, vibration,
or odors). Individual sensitivities to those annoyances can vary from person to person. You
may wish to consider what airport annoyances, if any, are associated with the property before
you complete your purchase and determine whether they are acceptable to you."
B. Airport Noise Evaluation and Mitigation. Project applicants shall be required to evaluate
potential airport noise impacts if the project is located within the 65 CNEL contour line of San
Francisco International Airport (as mapped in the Airport Land Use Compatibility Plan for the
Environs of San Francisco International Airport). All protects shall be required to mitigate
impacts to comply with the interior (CNEL 45 dB or lower, unless otherwise stated) and
exterior noise standards established by the Airport Land Use Compatibility Plan or Burlingame
General Plan, whichever is more restrictive.
C. Avigation Easement. Any action that would either permit or result in the development or
construction of a land use considered to be conditionally compatible with aircraft noise of
CNEL 65 dB or greater (as mapped in the Airport Land Use Compatibility Plan) shall include
the grant of an avigation easement to the City and County of San Francisco prior to issuance
of a building permit(s) for any proposed buildings or structures, consistent with Airport Land
Use Compatibility Plan Policy NP-3 Grant of Avigation Easement.
D. Other Flight Hazards. Within Airport Influence Area (AIA) B, certain land use characteristics
are recognized as hazards to air navigation and, per SFO ALUCP Policy AP-4, need to be
evaluated to ensure compatibility with FAA rules and regulations. These characteristics
include the following:
1. Sources of glare, such as highly reflective buildings, building features, or blight lights
including search lights, or laser displays, which would interfere with the vision of pilots
in command of an aircraft in flight
2. Distracting lights that could be mistaken for airport identification lightings, runway edge
lighting, runway end identification lighting, or runway approach lighting
22
3. Sources of dust, smoke, water vapor, or steam that may impair the visibility of a pilot
in command of and aircraft in fliaht
4. Sources of electrical/electronic interference with aircraft communications/naviaation
equipment
5. Any use that creates an increased attraction for wildlife, particularly large flocks of
birds, that is inconsistent with FAA rules and regulations, including but not limited to
FAA Order 5200.5A, Waste Disposal Site On or Near Airports and FAA Advisory
Circular 150/5200-33B, Hazardous Wildlife Attractants On or Near Airports and any
successor or replacement orders or advisory circulars.
23
NORTH ROLLINS ROAD MIXED USE DISTRICT BOUNDARIES
North Rollins Road
Mixed Use District
AP
us
101
4
24
NORTH ROLLINS ROAD MIXED USE DISTRICT
COMPREHENSIVE AIRPORT LAND USE PLAN SAFETY COMPATIBILITY ZONES
rj
Ot
Comprehensive Airport
Land Use Plan
Safety Compatibility
Zone 3
25
EXHIBIT 2
Chapter 25.40 (North Burlingame Mixed Use) District Regulations
Draft Showing Tracked Changes
Chapter 25.40
NBMU (North Burlingame Mixed -Use Zone Interim Standar) District Regulations
da n ��,2019
October 8, 2020
25.40.010 Purpose and Applicability
A. The purpose of the North Burlingame Mixed -Use (NBMU) zone is to implement the General
Plan North Burlingame Mixed Use designation by providing a distinct, defining area at the
City's north gateway on El Camino Real, with housing and complementary commercial and
office uses at urban -level intensities, and that takes advantage of the adjacent multimodal
transit center. This transit -oriented development district accommodates housing at
progressively higher densities based on the level of community benefits provided, with the
goal of ensuring that new development adds value for all in the City.
B. The provisions of this chapter shall apply to the areas in the city with the "North Burlingame
Mixed Use" land use designation as shown on the Land Use Plan, Figure CC-1 of the
Burlingame General Plan.
25.40.020 Land Use Regulations
A. Table 25.40-1 identifies the land use regulations for the NBMU zone. Any use not listed
below shall be prohibited, unless the Director finds that the proposed use is similar in
characteristics to allowed uses.
B. Stand-alone commercial and residential developments are permitted.
TABLE 25.40-1: NBMU LAND USE
P Permitted
REGULATIONS
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use
Permit Requirement
Specific Use Regulations
COMMERCIAL - RETAIL
Eating and Drinking Establishments
• Bars, Taverns
MCUP
• Night Club
CUP
• Restaurant
P
TABLE 25.40-1: NBMU LAND USE
P Permitted
REGULATIONS
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use
Permit Requirement
Specific Use Regulations
• Restaurant — Drive -through
--
Food and Beverage Sales
• General Market
P
• Convenience Store
CUP
• Liquor Store
--
Nurseries and Garden Centers
--
TABLE 25 AA_4; AIBM 1 LAND USE
P Permitted
CUP Conditional Use
REGULATIONS
wit
Conditional U-s-e
wit
TI ID Temporary I loo
Do,-crmm-r,'t
A AGGesser�i�c
Not Permitted
1 I vIcePermit
zuria--
Land
Requirement
Speeffic-IJse Regulations
Retail Sales
• General
P
• Large Format
• Specialized
--
CUP
Vehicle Fuel Sales and Service
CUP
Vehicle Sales
--
• Auto and Light Truck — New
--
• Auto and Light Truck — Used
--
• Heavy Equipment Sales and
--
Rental
COMMERCIAL — SERVICES AND RECREATION
Adult Entertainment Businesses
--
Animal Care Services
Grooming - No overnight
• Boarding/Kennels
--
animal stays permitted.
• Grooming
• Veterinarian
P
MCUP
Banks and Financial Institutions
P
Check Cashing and Pay Day Loan
--
Establishments
Commercial Recreation
CUP
Day Care Centers
CUP
SFO Safety Compatibility
Zone 3: Commercial
facilities defined in
accordance with Health and
Safety Code, Section
1596.70, et. Seq., and
licensed to serve 15 or
more children not allowed.
Family day care homes and
noncommercial employer -
sponsored facilities
ancillary to place of
business allowed with a
CUP.
SFO Safety Compatibility
Zone 2: Commercial
facilities defined in
accordance with Health and
Safety Code, Section
1596.70, et. Seq., and
licensed to serve 15 or
more children not allowed.
Family day care homes and
noncommercial employer -
sponsored facilities
ancillary to place of
business not allowed.
Food Preparation (catering)
MCUP
Funeral Services and Cemeteries
--
Office — Medical or Dental
P
Office — Professional
P
Personal Services — General
P
Personal Services - Specialized
CUP
Light Research/Development and
P
SFO Safety Compatibility
Laboratories
Zone 3: CUP required if
use entails hazardous
materials. Biosafety Level 3
and 4 facilities not allowed.
SFO Safety Compatibility
Zone 2: Not allowed if use
entails hazardous
materials.
Theaters
SFO Safety Compatibility
• Live
CUP
Zone 2: Facilities seating
• Movie or similar
CUP
more than 300 people not
allowed.
TABLE 25 40-1 AIBM 1 LAND USE
P Permitted
CUP Conditional Use
REGULATIONS
wit
MCUP Minor
Conditional U-se,
wit
TI ID Temporary I loo
Do,-crmm-r,'t
A AGGesser�i�e
Not Permitted
1 I vIcePermit
zuria--
Land
Requirement
Speeffic-IJse Regulations
Vehicle Service, Repairs, and
Rentals
• Car Wash
• Major Repair/Body Work
• Minor Repair/Body Work
• Rental Facilities
--
--
--
A
EDUCATIONAL SERVICES
Class or School Uses
CUP
Public and private schools
serving preschool through
grade 12 not allowed.
Trade Schools
--
LODGING
Bed and Breakfast
--
Emerqencv Shelters
--
Hostels
--
Hotels and Motels
CUP
PUBLIC AND QUASI -PUBLIC USES
Community Open Space
P
Hospitals and Clinics
CUP
Public Assembly Facilities
--
Public Parks
P
Places of Religious Assembly
CUP
SFO Safety Compatibility
Zone 2: Facilities seating
more than 300 people not
allowed.
RESIDENTIAL USES
Multi -Family Residential
P
Residential Care Facilities
CUP
Nursing homes not allowed.
Supportive and Transitional Housing
P
MIXED USES
Mixed Use Developments
P
With individual specific
uses subject to land use
regulatory requirements set
forth in this table.
TRANSPORTATION AND UTILITIES
Parking facilities, including parking garages
Transit Facilities
CUP
Utilities
MCUP
SPECIFIC AND TEMPORARY USES
Outdoor Temporary and Seasonal
Sales
TUP
Temporary Uses
TUP
Vending machines
A
Outdoor dining
A
Note:
Uses must comply with Safety Compatibility Policies SP-1 through SP-3 of the Comprehensive Airport
Land Use Compatibility Plan for the Environs of San Francisco International Airport including
Noise/Land Use Compatibility and Safety Compatibility
Criteria listed in Tables IV-1 and IV-2. Some
uses listed above may be incompatible in safety
zones. The northwestern portion of the North
Burlingame Mixed Use Zone is within Safety Compatibility Zone 2 — Inner Approach/Departure Zone;
while the remainder is within Safety Compatibility
Zone 3 — Inner Turning Zone.
25.40.030 Development Standards
A. Development Standards Generally; Calculation of FAR and Density.
1. Development projects shall comply with the development standards set forth in Table
25.40-2 (NBMU Development Standards). The floor area ratio (FAR) standards shall
apply to the non-residential component on a development on a site; the density
standards shall apply to any residential component. The non-residential (FAR) and
residential (density) components are additive.
2. A developer may elect to develop consistent with either Tier 1, Tier 2, or Tier 3
development standards. Projects using Tier 2 or Tier 3 standards shall provide
community benefits pursuant to subparagraph 25.40.030.D, below.
TABLE 25.40-2
NBMU DEVELOPMENT STANDARDS
Development Standards
Base
Increased
Maximum
Additional
Standard
Intensity
Intensity
Regulations
Tier 1
Tier 2
Tier 3
a. Density — Maximum
40 du/ac
80 du/ac
140 du/ac
Tier 2 and 3 must
(applies to residential
provide community
component)
benefits per
subparagraph B,
below.
b. Floor Area Ratio (FAR) —
Tier 2 and 3 must
Maximum
0.50 Office
1.25 Office
2.0 Office
provide community
(applies to non-residential
0.25
0.50
1.0
benefits per
component)'
Commercial
Commercial
Commercial
subparagraph B,
below.
c. He+ghtHeight3
4 stories/
5 stories/
7 stories/
Tier 2 and 3 must
45 ft.
55 ft.
75 ft.
provide community
maximum
maximum
maximum
benefits per
max FR im heights estahlisherl
subparagraph B,
by the FederalAviatiGp
For
below.
dministratiOR fer parnels
properties
2
TABLE 25.40-2
NBMU DEVELOPMENT STANDARDS
Development Standards
Base
Increased
Maximum
Additional
Standard
Intensity
Intensity
Regulations
Tier 1
Tier 2
Tier 3
affeGte d by airpert safety
on the east
Special
side of El
Requirements and
Camino
Exceptions:
Real,
9 stories/
1. Building
100 ft.
frontages facing
subject to
Trousdale Drive
additional
(west of El
setback
Camino Real),
standards,
Murchison Drive
below
(west of El
Camino Real),
Magnolia Drive,
Ogden Drive, and
Marco Polo Way:
a. 35% of the
linear frontage
above 35 feet
must step back
a minimum 5
feet, in the form
of insets,
balconies, or
stepbacks, or
b. 80% of a
building's linear
frontage above
55 feet stories
must step back
a minimum of 10
feet, in the form
of insets,
balconies, or
stepbacks
d. Setbacks
• For any building adjacent to
Any building fagade that faces the
properties zoned R-1 or R-2
adjacent R-1 or R-2 property line and
that is above 15 feet in height shall have
additional setback distance added to the
required setback. That additional
setback shall apply to any portion of the
building above 15 feet in height and shall
be a minimum horizontal distance of one
foot for every one foot of building height
above 30 feet.
TABLE 25.40-2
NBMU DEVELOPMENT STANDARDS
Development Standards
Base
Increased
Maximum
Additional
Standard
Intensity
Intensity
Regulations
Tier 1
Tier 2
Tier 3
• Front: El Camino Real
0 to 10 ft. for first 35 ft.
Subject to
streetscape
frontage standards
in Table 25.40-3
• Front: Mixed -Use Arterial
0 to 10 ft., with at least 60 percent of the
Subject to
(Trousdale Drive,
structure located at the streetscape
streetscape
Murchison Drive, California
frontage line per Table 25.40-3
frontage standards
Drive)
in Table 25.40-3
• Front: Mixed -Use Collector
0 to 10 ft., with at least 40 percent of the
Subject to
(Magnolia Drive) and
structure located at the streetscape
streetscape
Neighborhood Access
frontage line per Table 25.40-3
frontage standards
(Ogden Drive, Marco Polo
in Table 25.40-3
Way)
• Side — Interior: El Camino
10 ft.
Real
• Side — Interior: Trousdale
10 ft.
Drive, Murchison Drive,
California Drive, Ogden
Drive, and Marco Polo Way
• Side — Street
0 to 10 ft., with at least 40 percent of the
Subject to
structure located at the streetscape
streetscape
frontage line per Table 25.40-3
frontage standards
in Table 25.40-3
• Rear
15 ft. minimum
20 ft. minimum if abutting a lot zoned
R-1 or R-2
e. Lot Dimensions — Minimum
Minimum applies to
new subdivisions
• Size
20,000 sf
of land; legally
• Width at street frontage
150 ft.
established lots of
smaller size may
be developed
consistent with the
requirements of
this Chapter 25.40.
f. Lot Coverage — Maximum2
80%
Lot coverage may
be increased if
additional, usable
common open
space generally
equivalent to the
additional lot
coverage (in
square feet) is
TABLE 25.40-2
NBMU DEVELOPMENT STANDARDS
Development Standards
Base
Increased
Maximum
Additional
Standard
Intensity
Intensity
Regulations
Tier 1
Tier 2
Tier 3
provided on a
rooftop garden and
hardsca e.
g. Open Space and
Landscaping
Minimum
100 sf per unit of open space per unit.
dimensions of
• Open space for residential
Open space may be either private,
open space:
units — Minimum
common, or include both.
• Private: 5 ft.
• Percent landscape
10% of entire site; see also 25.40.040.
deep, 8 ft. wide
coverage - Minimum
. Common: 15 ft.
in any direction
h. Parking
1. Parking shall be provided as set forth in Chapter 25.70.
2. Garages may be constructed entirely below ground level,
and such underground garages may project into any
required yard or building setback area.
3. No at -grade parking shall be visible or accessed from El
Camino Real.
Notes:
Above -ground parking structures shall be exempt from Floor Area Ratio (FAR) calculations.
2 Lot coverage may be increased if additional useable common open space equivalent to the
additional lot coverage (in square feet) is provided on a podium -level landscaped courtyard or
plaza.
3 Maximum building heights are also required to comply with Airspace Protection Policies AP-1
through AP-4 of the Comprehensive Airport Land Use Compatibility Plan for the Environs of
San Francisco International Airport (ALUCP). This includes determining the need to file Form
7460-1, Notice of Proposed Construction or Alteration, with the FAA for any proposed project
that would exceed the FAA notification heights, as shown approximately on ALUCP Exhibit IV-
10 and complying with FAA Aeronautical Study Findings. It also includes complying with the
maximum compatible building height, which includes all parapets, elevator overruns, etc. of a
building, as noted in ALUCP policy AP-3 and depicted in Exhibits IV-17 and IV-18 of the
ALUCP.
B. Community Benefits — Required Enhancements for Tier 2 and 3 Increased FAR,
Density, and Height.
1. Purpose and Applicability. The community benefits program is established to provide
incentives for higher intensity development not otherwise allowed by these zoning
regulations, and to create new community benefits that may not otherwise result from
development activity. The Planning Commission, through a discretionary review and
public hearing process, may grant increased FAR, density, or building height in return for
provision of specific community benefits, as listed below or subsequently identified by the
City Council, if doing so is in the City's interest and will help implement the General Plan,
9
and in finding that these benefits cannot be realized without granting increased FAR,
height, and/or density. A variety of objectives are listed to ensure that proposed project
features are appropriate for the site and surroundings, and to allow for a wide range of
possible project types.
2. Tier 2 - Number of Community Benefits. The Planning Commission may approve Tier
2 projects if it determines that the project includes at least two community benefits from
subsection 4 of this Section (Community Benefits Objectives). At least one affordable and
workforce housing objective from 4.a shall be chosen.
3. Tier 3 - Number of Community Benefits. The Planning Commission may approve Tier
3 projects if it determines that the project includes at least three community benefits from
subsection 4 of this Section (Community Benefits Objectives). At least one affordable
and workforce housing objective from 4.a shall be chosen.
4. Community Benefit Options.
a. Affordable and Workforce Housing.
i. The project provides affordable housing at the rate of five percent for low-income
households, or 10 percent for moderate -income households, as a percentage of
the total number of housing units built for a period of 55 years or greater.
The project qualifies for, and utilizes, a density bonus in compliance with the City's
affordable housing incentives (Chapter 25.63).
b. Pedestrian Amenities. The project includes major pedestrian connections in excess
of minimum pedestrian requirements.
c. Public Plazas.
The minimum area of any public plaza shall be 2,000 square feet;
The public plaza is owned, operated, and maintained by the developer or property
manager in accordance with an approved maintenance plan to be reviewed and
approved by the Community Development Director;
iii. Each part of the public plaza shall be accessible from other parts of the open
space without leaving the open space area;
iv. The public plaza shall be on the ground level and directly accessible from the
sidewalk, and be accessible to persons with disabilities;
V. The public plaza shall be open to the public, without charge, each day of the year,
except for temporary closures for necessary maintenance or public safety; and
vi. At a minimum, the following elements shall be included within the open space:
trees and landscaping, seating, bicycle racks, trash and recycling receptacles,
and signage that include hours of operation.
10
d. Off -Site Streetscape Improvements. These provisions do not include improvements
along the frontage of a development site that would normally be required. Examples
of amenities include:
Enhanced pedestrian and bicycle -oriented streetscapes.
Protected bicycle lanes and pedestrian pathways, improved bicycle and
pedestrian crossings/signals, bicycle racks/shelters.
iii. New pedestrian and bicycle connections to transit facilities, neighborhoods, trails,
commercial areas, etc.
iv. Removal of existing pedestrian and bicycle barriers (e.g. dead -ends and cul-de-
sacs).
V. Upgrading traffic signals to enhance pedestrian and bicycle safety.
e. Cultural Arts Space. Includes space for visual arts, performing arts, artist housing,
and other activities that support arts and culture.
f. Pedestrian and Similar Paths and Connections between Adjacent Properties. To
effectuate the goal of creating walkable and bikeable environments, improved
pedestrian ways and other paths open to the public that accommodate easy movement
across and between properties under separate ownership.
g. Historic Preservation (Off -Site). Where there are no historic resources on the
project site, the project provides for the permanent preservation of a building off site
that is listed in the City's inventory of historical resources through the recordation of a
historic preservation agreement.
h. Mode Split. The project provides for the permanent mode shift towards alternative
transportation for building occupants through a Transportation Demand Management
Program that achieves the objectives of General Plan Chapter VI: Mobility. Prior to the
issuance of building permits, a covenant agreement shall be recorded that discloses
the required Transportation Demand Management provisions. This agreement shall
be recorded in the office of the County Recorder to provide constructive notice to all
future owners of the property of any ongoing programmatic requirements.
i. Zero Net Energy. The project provides 100 percent of total building energy load
measured as kilowatt per square foot through solar panels, wind turbines, or other
renewable sources.
j. Public Parking Facilities. The project provides publicly accessible parking to serve
area -wide parking needs. To qualify, the parking spaces should be permanently
available for public use and subject to easements or restrictions acceptable to the City.
11
IA. Flexible (Miscellaneous) Benefit. The applicant agrees to provide a currently
undefined community benefit approved by the City Council that is significant and
substantially beyond normal requirements. Examples are inclusion of a child care
center or community event space in a new development project, off -site utility
infrastructure improvements above and beyond those required to serve the
development, additional funding for City programs such as contribution to a local
fagade improvement program, or subsidy for existing commercial tenants or other local
small businesses.
25.40.040 Design Standards and Objective Design Criteria. In addition to the
development standards in Section 25.40.030, the following design standards and criteria shall
apply to all new development projects.
A. Design Standards. All new development shall be designed to achieve the following
objectives:
1. The design shall provide for internal compatibility between the different uses in terms of
noise, hours of operation, vehicle and pedestrian circulation, access, use of open space,
and other operating characteristics that affect quality of life.
2. Potential noise, odors, glare, pedestrian traffic, and other impacts on residents shall be
minimized to allow a compatible mix of residential and nonresidential uses on the same
site.
3. The design of the mixed -use project shall ensure that the residential units are of a
residential character and that privacy between residential units and between other uses
on the site is maximized.
4. The design of the structures and site planning shall encourage integration of the street
pedestrian environment with the nonresidential uses through the use of plazas,
courtyards, walkways, and street furniture.
5. Site planning and building design shall be compatible with and enhance the adjacent and
surrounding built environment in terms of scale, building design, color, exterior materials,
roof styles, lighting, landscaping, and signage.
B. Building Orientation, Entrances, and Articulation.
1. Orientation. The main building of a development shall be oriented to face a public street.
Building frontages shall be generally parallel to streets. For all residential, retail, service,
and office uses, at least one primary entrance to a ground -floor use shall face the adjacent
street right-of-way. Ground -related entrances include entrances to ground -floor uses,
residential units, clusters of residential units, lobbies, or private courtyards.
2. Ground -Floor Transparency. At least 75 percent of the exterior walls on the ground floor
facing the street shall include windows, doors, or other openings.
3. Nonresidential Entrances. Entries shall be clearly defined features of front fagades and
of a scale that is in proportion to the size of the building and number of units being
accessed. Larger buildings shall have a more prominent building entrance while
maintaining a pedestrian scale.
12
4. Transitional Space at Residential Entries. New residential buildings shall provide
transitional spaces in the form of stoops, overhangs, and porches between public areas
fronting the primary street and entrances. This type of element or equivalent shall be
required for each unit or group of units, but no less than one of this type of element shall
be provided.
5. Building Articulation. No street frontage wall may run in a continuous plane for more
than 20 feet without an opening (door or window) or offsets, or as approved by the review
authority if the project is constrained by unusual parcel size, shape, use, or other features
that the responsible review authority accepts as rendering this requirement infeasible.
Openings fulfilling this requirement shall have transparent glazing and provide views into
work areas, display areas, sales areas, lobbies, or similar active spaces. Offsets shall vary
in depth and/or direction of at least 18 inches, or a repeated pattern of offsets, recesses,
or projections of similar depth.
6. Parking Lot and Structure Location. Surface parking lots, to the greatest extent
practicable, shall be located to the rear of a lot. Parking structures shall be integrated into
building design unless a separate structure is require for fire safety purposes or due to the
shape or configuration of a lot.
C. Site Layout
1. Streetscape. Street frontages shall meet the standards set forth in Table 25.40-3 (NBMU
Street Frontage Standards).
TABLE 25.40-3: NBMU STREET FRONTAGE STANDARDS
Street Type
Frontage — Measured from Back of Curb to
Building Face
El Camino Real — with
frontage road
Building Frontage
Setback
15 ft. minimum from frontage
road curb
Walk Zone Public
10 ft. minimum
Amenity/Planter Zone
5 ft. minimum
Tree Wells
5 ft. by 5 ft. min.
El Camino Real —
without frontage road
Building Frontage
Setback
20 ft. minimum from frontage
road curb
Walk Zone (Public)
10 ft. minimum
Amenity/Planter Zone
5 ft. minimum
Tree Wells
5 ft. by 5 ft. minimum
Mixed -Use Arterial
(Trousdale Drive,
Murchison Drive,
California Drive)
Building Frontage
Setback
15 ft. minimum
Walk Zone (Public)
10 ft. minimum
Amenity/Planter Zone
5 ft. minimum
Tree Wells
5 ft. by 5 ft. minimum
Mixed -Use Collector
(Magnolia Avenue)
Building Frontage
Setback
12 feet
Walk Zone (Public)
6 ft. minimum
Amenity/Planter Zone
5 ft. minimum
Tree Wells
5 ft. by 5 ft. minimum
Building Frontage
Setback
10 ft.
13
Neighborhood Access
(Ogden Drive, Marco
Polo Drive)
Walk Zone Public
6 ft. minimum
Amenity/Planter Zone
4 ft. minimum
Tree Wells
4 ft. by 4 ft. minimum
Build -To Lines
At least sixty (60) percent of the structure shall be
located at the Building Frontage Setback.
Exceptions
Exceptions to Building Frontage Standards may be
granted to accommodate conflicts with recorded
easements, rights -of -ways, etc.
2. Pedestrian Access. On -site pedestrian circulation and access shall be provided per the
following standards:
a. Internal Connections. A system of pedestrian walkways shall connect all buildings
on a site to each other, to on -site automobile and bicycle parking areas, and to any
on -site open space areas or pedestrian amenities.
b. To Circulation Network. Regular and convenient connections between on -site
walkways and the public sidewalk and other existing or planned pedestrian routes,
such as safe routes to school, shall be provided. An on -site walkway shall connect the
primary building entry or entries to a public sidewalk on each street frontage.
c. To Adjacent Areas. Direct and convenient access shall be provided from mixed -use
projects to adjoining residential and commercial areas to the maximum extent feasible
while still providing for safety and security.
d. To Transit. Safe and convenient pedestrian connections shall be provided from
adjacent transit stops to building entrances.
3. Service and Delivery Areas. Service and loading areas shall be screened from
residential areas and integrated with the design of the building. Special attention shall be
given when designing loading facilities in a location that is proximate to residential uses.
Techniques such as block walls, enhanced setbacks, or enclosed loading shall be used
to minimize adverse impacts to residents.
4. Location of Residential Units. In mixed -use developments, it is the intent that residential
units not occupy the ground floor within the first 50 feet of floor area measured from each
building face adjacent to the street unless the review authority finds that the project is
designed in a manner that a residential ground -floor component enhances the pedestrian
environment.
D. Landscaping.
1. Front and Street Side Setbacks. Within any required front setback area or side yard
setback adjacent to a public street, at least 60 percent of the required setback area shall
be landscaped to provide a transition to the sidewalk.
2. Parking Lot Screening. Where a surface parking lot abuts a public street, a minimum
10-foot-deep landscape buffer shall be provided between the sidewalk and the first
parking row.
14
3. Parking Garage. Where the wall of a parking garage directly faces a public street, a
minimum 10-foot-deep landscaped area shall be provided between the sidewalk and the
parking structure wall.
25.39.050 Parking
A. Off -Street Vehicle Parking. Parking shall be provided as set forth in Chapter 25.70 (Off -
Street Parking), with the following exceptions for live/work units, stand-alone residential
development, and the residential component of a mixed -use development:
TABLE 25.40-4: NBMU OFF-STREET VEHICLE
PARKING
Number of Bedrooms in
a Unit
Minimum Number of
Parking Spaces Required
0 Studio
1 space/unit
1
1 space/unit
2
1.5 spaces/unit for
multifamily housing;
2 spaces/unit for live/work
3 or more
2 spaces/unit
Guest parking
None required
B. Vehicle Parking Stall Dimensions. All parking stalls may be provided in a single dimension,
eight and one-half feet in width by 17 feet in length, except for required accessible parking
spaces which 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
only a single dimension stall is used.
C. Aisle Dimensions. All aisles within a parking area shall be as set forth in Table 25.40-5
(NBMU Parking Aisle Dimensions)
TABLE 25.40-5: NBMU PARKING AISLE
DIMENSIONS
Parking Space Angle
Required Backup Aisle
minimum
90 degree
24 feet
60 degree
18 feet
30 degree
13 feet
D. Stacked/Mechanical Parking. Parking utilizing stackers or mechanical systems may be
approved with a Conditional Use Permit.
E. Bicycle Parking. Bicycle parking shall be provided as set forth in Table 25.40-6 (NBMU
Bicycle Parking).
TABLE 25.40-6: NBMU BICYCLE PARKING
Class
Minimum Number of
Parking Spaces Required
Class I — Resident bicycles
0.5 spaces/unit
15
Class II — Guest bicycles 10.05 spaces/unit
F. Electric Vehicle (EV) Charging Stalls. Five percent of all spaces shall be prepared for EV
charging equipment.
G. Parking Reductions for Transportation Demand Management (TDM) Plan. Projects
utilizing a Transportation Demand Management (TDM) Plan per Section 25.40.030.B.4.h.
shall be allowed up to 20 percent reduction in required off-street vehicle parking (not including
bicycle parking and EV stalls), provided the project provides for a permanent mobility mode
shift towards alternative transportation of 25 percent or greater for building occupants through
the TDM program.
25.40.060 Review Procedures.
A. Design Review Required. Design review shall be required pursuant to Chapter 25.57
B. Planning Commission Approval of Community Benefits Bonuses. The Planning
Commission shall be the final review authority for an application for Tier 2 or 3 projects.
25.40.070 Comprehensive Airport Land Use Compatibility Plan Consistency. The
followina reauirements and criteria shall be incorporated into site -specific development Droiects:
A. Airport Disclosure Notices. All new development is required to comply with the real estate
disclosure requirements of state law. The following statement must be included in the notice
of intention to offer the property for sale:
"Notice of Airport in Vicinity
This property is presently located in the vicinity of an airport, within what is known as an airport
influence area. For that reason, the property may be subject to some of the annoyances or
inconveniences associated with proximity to airport operations (for example: noise, vibration,
or odors). Individual sensitivities to those annoyances can vary from person to person. You
may wish to consider what airport annoyances, if any, are associated with the property before
you complete your purchase and determine whether they are acceptable to you."
B. Airport Noise Evaluation and Mitigation. Project applicants shall be required to evaluate
potential airport noise impacts if the project is located within the 65 CNEL contour line of San
Francisco International Airport (as mapped in the Airport Land Use Compatibility Plan for the
Environs of San Francisco International Airport). All projects shall be required to mitigate
impacts to comply with the interior (CNEL 45 dB or lower, unless otherwise stated) and
exterior noise standards established by the Airport Land Use Compatibility Plan or Burlingame
General Plan. whichever is more restrictive.
C. Avigation Easement. Any action that would either permit or result in the development or
construction of a land use considered to be conditionally compatible with aircraft noise of
CNEL 65 dB or greater (as mapped in the Airport Land Use Compatibility Plan) shall include
the grant of an avigation easement to the City and County of San Francisco prior to issuance
of a building permit(s) for any proposed buildings or structures, consistent with Airport Land
Use Compatibility Plan Policy NP-3 Grant of Avigation Easement.
16
D. Other Flight Hazards. Within Airport Influence Area (AIA) B, certain land use characteristics
are recognized as hazards to air navigation and, per SFO ALUCP Policy AP-4, need to be
evaluated to ensure compatibility with FAA rules and regulations. These characteristics
include the following:
1. Sources of glare, such as highly reflective buildings, building features, or blight lights
including search lights, or laser displays, which would interfere with the vision of pilots
in command of an aircraft in flight
2. Distracting lights that could be mistaken for airport identification Iightings, runway edge
lighting, runway end identification lighting, or runway approach lighting
3. Sources of dust, smoke, water vapor, or steam that may impair the visibility of a pilot
in command of and aircraft in fliaht
4. Sources of electrical/electronic interference with aircraft communications/naviaation
equipment
5. Any use that creates an increased attraction for wildlife, particularly large flocks of
birds, that is inconsistent with FAA rules and regulations, including but not limited to
FAA Order 5200.5A, Waste Disposal Site On or Near Airports and FAA Advisory
Circular 150/5200-33B, Hazardous Wildlife Attractants On or Near Airports and any
successor or replacement orders or advisory circulars.
17
NORTH BURLINGAME MIXED USE DISTRICT BOUNDARIES
North Burlingame
Mixed Use District
e
a�
0
w
NORTH BURLINGAME MIXED USE DISTRICT
COMPREHENSIVE AIRPORT LAND USE PLAN SAFETY COMPATIBILITY ZONES
Comprehensive Airport
Land Use Plan
Safety Compatibility
Zone 2
t
440
0
V
INN
Comprehensive Airport 01-C
Land Use Pla-- 0,0 <°
Safety Compatibility0�7 0/0�'!
Zone 3
19
r
FIGURE 2
NORTH ROLLINS ROAD MIXED USE DISTRICT BOUNDARIES
North Rollins Road
Mixed Use District
s.
0
f
W&
FIGURE 3
NORTH ROLLINS ROAD MIXED USE DISTRICT
COMPREHENSIVE AIRPORT LAND USE PLAN SAFETY COMPATIBILITY ZONES
4 ,
Comprehensive Airport
Land Use Plan
Safety Compatibility `
Zone 3 `
dd
us
101
FIGURE 4
NORTH BURLINGAME MIXED USE DISTRICT BOUNDARIES
North Burlingame
Mixed Use District
Pam
t
FIGURE 5
NORTH BURLINGAME MIXED USE DISTRICT
COMPREHENSIVE AIRPORT LAND USE PLAN SAFETY COMPATIBILITY ZONES
Comprehensive Airport
Land Use Plan
Safety Compatibility
�2 Zone 2
50
4/'
♦ _
r., Comprehensive Air ort o
Land Use Plan, o o� ¢,��
Fr,Safety Compatibility O
Zone 3 �°'f(/ Q
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BURLINGAME
AMENDING CHAPTER 25.39 RRMU (NORTH ROLLINS ROAD MIXED USE) DISTRICT
REGULATIONS AND CHAPTER 25.40 NBMU (NORTH BURLINGAME MIXED USE)
DISTRICT REGULATIONS OF THE BURLINGAME MUNICIPAL CODE
WHEREAS, on January 7, 2019, the City Council adopted the Burlingame General Plan
(hereinafter "General Plan") following the certification of a Final Environmental Impact Report
(hereinafter "EIR") and adoption of findings and a Statement of Overriding Considerations
pursuant to the California Environmental Quality Act (CEQA); and
WHEREAS, pursuant to Government Code Section 65356, the General Plan was
adopted by resolution, and took effect on February 7, 2019; and
WHEREAS, to ensure consistency between the Zoning Ordinance (Title 25 of the
Municipal Code) and the General Plan, the City is required to update the Zoning Ordinance to
be consistent with the General Plan land use designations; and
WHEREAS, the North Rollins Road Mixed Use District (designated in the General Plan
as the "Live/Work" land use) and North Burlingame Mixed Use District (designated in the
General Plan as the "North Burlingame Mixed Use" land use) were identified in the General Plan
as "areas of change," involving substantial changes to land use classifications and new policies
for development; and
WHEREAS, Government Code Section 65858 authorizes the City Council to protect the
public health, safety, and welfare by adopting an interim ordinance as an urgency measure to
allow development that is consistent with the land use classifications and policies for the North
Rollins Road Mixed Use District and North Burlingame Mixed Use District; and
WHEREAS, on January 7, 2019 the City Council found and declared that there was a
current and immediate threat to the public peace, health, welfare, and safety, specifically
including possible permanent damage to the City's aesthetic, health and safety, and economic
interests arising from the potential gap in regulation between adoption of the General Plan and
the comprehensive update of the Zoning Ordinance with regards to the North Rollins Road
Mixed Use District and North Burlingame Mixed Use District; and
WHEREAS, on January 7, 2019, the City Council, pursuant to Government Code
Section 65858(a), imposed an interim urgency ordinance for forty-five (45) days, issuing interim
regulations for the North Rollins Road Mixed Use District and North Burlingame Mixed Use
District; and
WHEREAS, on February 19, 2019, the City Council enacted an ordinance to extend
interim development regulations for the North Rollins Road Mixed Use District and North
Burlingame Mixed Use District for a period of up to 22 months and 15 days; and
WHEREAS, amendments to the interim regulations for the North Rollins Road Mixed
Use District and North Burlingame Mixed Use District are necessary to implement requirements
of the San Francisco International Airport (SFO) Airport Land Use Commission; and
WHEREAS, interim development regulations for the North Rollins Road Mixed Use
District and North Burlingame Mixed Use District may only remain in effect for a total of 24
months; and
WHEREAS, the City Council has directed City staff to continue to review the current
Zoning Ordinance (Title 25 of the Municipal Code) and prepare a comprehensive update for City
Council adoption in order to align with the guiding principles, goals, and policies of the General
Plan; and
WHEREAS, because the comprehensive update of the Zoning Ordinance is anticipated
to take approximately an additional six months to complete, permanent regulations for the North
Rollins Road Mixed Use District and North Burlingame Mixed Use District are needed to be
adopted prior to the maximum 24-month duration of the interim regulations being lapsed;
WHEREAS, said matters were heard by the Planning Commission of the City of
Burlingame on October 13, 2020, at which time it reviewed and considered the staff report and all
other written materials and testimony presented at said hearing, and recommended approval to
the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME ORDAINS AS
FOLLOWS:
SECTION 1. Burlingame Municipal Code Chapter 25.39 is repealed in its entirety and replaced
with the following:
25.39.010 Purpose and Applicability
A. The purpose of the North Rollins Road Mixed -Use Zone (RRMU) is to implement the General
Plan Live/Work land use designation by creating and sustaining a new neighborhood of
creative live/work units and developments, small-scale support commercial businesses, and
other employment uses within easy walking distance to the Millbrae multimodal transit station.
Long-established industrial uses are permitted to remain as conforming uses, provided they
comply with all applicable standards and operational conditions.
B. The provisions of this chapter shall apply to the areas in the city with the "Live/Work" land use
designation as shown on the Land Use Plan, Figure CC-1 of the Burlingame General Plan.
25.39.020 Land Use Regulations
A. Table 25.39-1 identifies the land use regulations for the RRMU zone. Any use not listed below
shall be prohibited, unless the Director finds that the proposed use is similar in characteristics
to allowed uses.
2
TABLE 25.39-1: RRMU LAND USE
P Permitted
REGULATIONS
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use
Permit Requirement
Specific Use Regulations
COMMERCIAL - RETAIL
Eating and Drinking Establishments
• Bars, Taverns
MCUP
• Night Club
--
• Restaurant
P
• Restaurant — Drive -through
--
Food and Beverage Sales
• General Market
P
• Convenience Store
MCUP
• Liquor Store
--
Nurseries and Garden Centers
--
Retail Sales
No outdoor storage or sales
• General
P
permitted in conjunction
• Large Format
--
with any permitted use,
• Specialized
CUP
except for permitted
temporary sales.
Vehicle Fuel Sales and Accessory
--
Service
Vehicle Sales
• Auto and Light Truck — New
--
• Auto and Light Truck — Used
--
• Heavy Equipment Sales and
--
Rental
COMMERCIAL — SERVICES AND RECREATION
Adult Entertainment Businesses
--
Animal Care Services
Grooming - No overnight
• Boarding/Kennels
--
animal stays permitted.
• Grooming
P
• Veterinarian
MCUP
Banks and Financial Institutions
P
Check Cashing and Pay Day Loan
--
Establishments
Commercial Recreation
CUP
Day Care Centers
CUP
Commercial facilities
defined in accordance with
Health and Safety Code,
Section 1596.70, et. Seq.,
and licensed to serve 15 or
TABLE 25.39-1: RRMU LAND USE
P Permitted
REGULATIONS
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use
Permit Requirement
Specific Use Regulations
more children not allowed.
Family day care homes and
noncommercial employer -
sponsored facilities
ancillary to place of
business allowed with a
CUP.
Food Preparation (catering)
MCUP
Funeral Services and Cemeteries
--
Office — Medical or Dental
CUP
Limited to 5,000 square
feet.
Office — Professional
P
Limited to 5,000 square
feet.
Personal Services — General
P
Personal Services - Specialized
CUP
Theaters
• Live
CUP
• Movie or similar
CUP
Vehicle Service, Repairs, and
Rentals
• Car Wash
--
• Major Repair/Body Work
--
• Minor Repair/Body Work
--
• Rental Facilities
--
EDUCATIONAL SERVICES
Class or School Uses
CUP
Public and private schools
serving preschool through
grade 12 not allowed.
Trade Schools
--
INDUSTRIAL, MANUFACTURING, PROCESSING, WAREHOUSING, AND
WHOLESALING USES
Food Processing and Production
CUP
Laboratories/Research and
P
CUP required if use entails
Development
hazardous materials.
Biosafety Level 3 and 4
facilities not allowed.
Light Industrial
MCUP
TABLE 25.39-1: RRMU LAND USE
REGULATIONS
P Permitted
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use
Permit Requirement
Specific Use Regulations
Personal Storage
CUP
Warehousing/Logistics
CUP
Wholesaling
A
Accessory to a permitted
industrial or live/work use.
LODGING
Bed and Breakfast
--
Emergency Shelters
P
Limited in size to 24 beds.
See also Section 25.44.045
(Additional Uses for
Properties in the Northern
Rollins Road Area).
Hostels
--
Hotels and Motels
--
PUBLIC AND QUASI -PUBLIC USES
Community Open Space
P
Hospitals
--
Medical Clinics
CUP
No 24-hour clinics.
Public Assembly Facilities
CUP
Public Parks
P
Places of Religious Assembly
CUP
RESIDENTIAL USES
Live/Work
P
See Section 25.39.030.B.1.
Multi -Family Residential
P
Residential Care Facilities
--
Nursing homes not allowed.
Supportive and Transitional Housing
P
MIXED USES
Mixed Use Developments
P
With individual specific
uses subject to land use
regulatory requirements set
forth in this Table 25.39-1.
TRANSPORTATION AND UTILITIES
Air courier, delivery, or other transshipment services
Parking facilities, including parking
garages
A
Transit Facilities
--
Utilities
MCUP
Vehicle Storage
--
DRAINAGE RIGHTS -OF -WAYS
TABLE 25.39-1: RRMU LAND USE
P Permitted
REGULATIONS
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use
Permit Requirement
Specific Use Regulations
Publicly Owned and Operated
P
Drainage Facilities and
Improvements
Privately Owned and Operated
P
Electric Transmission Lines
Supplemental Parking for Permitted
CUP
or Conditional Uses in the District
Storage of Operable Vehicles
CUP
a) Vehicles must be in
operable condition and
must be managed at all
times by a single,
responsible person with
access to the keys for all
vehicles.
b) Vehicles shall be moved
by appointment only and
shall not be moved
during a.m. and p.m.
peak hour traffic periods
as defined by the city
engineer.
c) Site size must be a
minimum of .7 acres.
d) Site must have approved
access to a public street.
e) No customers shall visit
the site.
Storage of Recreational Vehicles
CUP
Vehicles shall not be
and Boats
moved during a.m. and
p.m. peak hour traffic
periods as defined by the
city traffic engineer.
Outdoor Storage
CUP
Must be related to
immediately abutting uses
which are permitted or
conditional in the district.
Fencing
CUP
Uses Similar in Nature to Those
CUP
Must have frontage on a
Allowed in This Section
public street and which
proposed use and siting
meets all the requirements
TABLE 25.39-1: RRMU LAND USE
P Permitted
REGULATIONS
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use
Permit Requirement
Specific Use Regulations
established by the city
engineer.
Long Term Airport Parking
--
SPECIFIC AND TEMPORARY USES
Outdoor Temporary and Seasonal
TUP
Sales
Temporary Uses
TUP
Outdoor Dining
A
Note:
Uses must comply with Safety Compatibility Policies SP-1 through SP-3 of the
Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco
International Airport including Noise/Land Use Compatibility and Safety Compatibility Criteria
listed in Tables IV-1 and IV-2. Some uses listed above may be incompatible in safety zones.
The North Rollins Road Mixed Use Zone is entirely within Safety Compatibility Zone 3 — Inner
Turning Zone.
B. Maximum Retail Sales Building Size. No retail sales establishment shall exceed 15,000
square feet of gross floor area. An applicant may request a retail sales building larger than
15,000 square feet, but in no case larger than 30,000 square feet, through the Conditional
Use Permit process.
C. Stand-alone Residential, Commercial, and Light Industrial Uses. Stand-alone
commercial, residential, and light industrial developments are permitted.
D. Limitations on Use. The following uses and activities shall be prohibited:
1. New manufacturing and industrial uses except those specifically allowed in Table 25.39-
1, except nonconforming uses as allowed in subsection 25.39.020.F.
2. Vehicle/equipment repair (e.g., body or mechanical work, including boats and recreational
vehicles, vehicle detailing and painting, upholstery, or any similar use).
3. In any residential or live/work unit, storage of flammable liquids or hazardous materials
beyond that normally associated with a residential use.
4. Any other activity or use, as determined by the Community Development Director, to be
incompatible with residential activities and/or to have the possibility of affecting the health
or safety of residents due to the potential for the use to create dust, glare, heat, noise,
noxious gases, odor, smoke, traffic, vibration, or other impacts, or would be hazardous
because of materials, processes, products, or wastes.
E. Nonconforming Industrial Uses.
N
1. General. The purpose of this subsection is to recognize and allow for the continued use
of industrial activities that become nonconforming with the adoption of this Chapter.
Except as provided in this subsection, the nonconforming use regulations set forth in
Chapter 25.50 (Nonconforming Uses and Structures) shall apply.
2. Discontinuance of nonconforming uses. If a nonconforming use of a lot, building, or
structure is discontinued for a continuous period exceeding three years, the right to
continue the nonconforming use shall expire.
3. Allowed expansion of nonconforming industrial uses. Expansion of a legally
established nonconforming industrial use is permitted on the same site with the issuance
of a Conditional Use Permit.
4. Change from a nonconforming industrial use to another nonconforming industrial
use. The Community Development Director may authorize a change from a legally
established nonconforming industrial use to another nonconforming industrial use upon
making the finding that the new use is similar in character to the existing nonconforming
use and does not have the potential to result in adverse impacts on surrounding uses.
25.39.030 Development Standards
A. Development Standards Generally; Calculation of FAR and Density.
1. Development projects shall comply with the development standards set forth in Table
25.39-2 (RRMU Development Standards). The floor area ratio (FAR) standards shall apply
to the non-residential component on a development on a site; the density standards shall
apply to any residential component. The non-residential (FAR) and residential (density)
components may be additive.
2. A developer may elect to develop consistent with either Tier 1, Tier 2, or Tier 3
development standards for live/work and any other non -industrial or non -institutional
development. Projects using Tiers 2 or 3 standards shall provide community benefits
pursuant to subparagraph 25.39.030.C, below.
TABLE 25.39-2
RRMU DEVELOPMENT STANDARDS
Live/Work, Residential, Mixed Use and
Industrial
Development
Commercial Development
and
Additional
Base
Increased
Maximum
Standards
Institutional
Regulations
Standard
Intensity
Intensity
Developme
Tier 1)
Tier 2)
Tier 3)
nt
a. Density —
30 du/ac
50 du/ac
70 du/ac
N/A
Tiers 2 and 3
Maximum
must provide
(applies to
community
residential
benefits per
component)
subparagraph
C below.
b. Floor Area
Tiers 2 and 3
Ratio —
0.50
0.75
1.0
1.O2
must provide
Maximum
community
(applies to non-
benefits per
residential
subparagraph
component)'
C below.
T
TABLE 25.39-2
RRMU DEVELOPMENT STANDARDS
Live[Work, Residential, Mixed Use and
Industrial
Development
Commercial Development
and
Additional
Base
Increased
Maximum
Standards
Institutional
Regulations
Standard
Intensity
Intensity
Developme
Tier 1
Tier 2
Tier 3
nt
c. Height4
3 stories/40 ft.
5 stories/55
7 stories/80
50 ft.
Tiers 2 and 3
maximum
ft. maximum
ft. maximum
must provide
community
benefits per
subparagraph
C below.
d. Setbacks
• Front:
0 - 15 ft.
0 - 15 ft.
0 — 15 ft.
20 ft.
Subject to
Mixed -Use
streetscape
Arterial
frontage
(Rollins
standards in
Road)
Table 25.39-3
• Front: All
12 ft. from
12 ft. from
15 ft. from
15 ft. from
Subject to
other streets
edge of curb
edge of curb
edge of curb
edge of curb
streetscape
frontage
standards in
Table 25.39-3
• Side —
10 ft.
10 ft.
10 ft.
0 ft.
Setbacks for
Interior
adjacent
industrial uses
to
apply only to
industrial
new
use/20 ft.
construction;
adjacent
established
to all
industrial uses
other
shall be
uses
considered
conforming
with regard to
required
setbacks.
• Side —
10 ft.
10 ft.
10 ft.
10 ft.
Subject to
Street
streetscape
frontage
standards in
Table 25.39-3
• Rear
20 ft.
20 ft.
20 ft.
0 ft. adjacent
Setbacks for
to industrial
industrial uses
use/20 ft.
apply only to
adjacent to
new
all other
construction;
uses
established
industrial uses
shall be
considered
conforming
with regard to
TABLE 25.39-2
RRMU DEVELOPMENT STANDARDS
Live[Work, Residential, Mixed Use and
Industrial
Development
Commercial Development
and
Additional
Base
Increased
Maximum
Standards
Institutional
Regulations
Standard
Intensity
Intensity
Developme
(Tier 1)
(Tier 2)
(Tier 3)
nt
required
setbacks.
• Alley
5 ft.
5 ft.
5 ft.
10 ft.
If alley is used
for direct
access to a
garage,
setback shall
be 20 ft. to
allow vehicle
access.
e. Edge
See Section 25.39.030.B.4.
condition
between
industrial and
residential use
f. Lot Dimensions — Minimum
• Size
• Mixed use
Mixed use
• Mixed use
10,000 sf
developmen
developme
developm
t: 10,000 sf
nt: 10,000
ent:
• Residential
sf
10,000 sf
subdivision:
Residential
• Residentia
3,500 sf
subdivision
I
3,500 sf
subdivisio
n: 3,500 sf
• Width at
• Mixed use
Mixed use
• Mixed use
50 ft.
street
developmen
developme
developm
frontage
t: 100 ft.
nt: 100 ft.
ent: 100 ft.
• Residential
Residential
• Residentia
subdivision:
subdivision
1
40 ft.
: 40 ft.
subdivisio
n: 40 ft.
g. Lot
60%
60%
60%
70%
Coverage —
Maximum3
h. Open Space
• Live/work
• Live/work
• Live/work
N/A
Minimum
for residential
units: 100 sf
units: 100
units: 100
dimensions of
units per unit —
• Multifamily
sf
sf
open space:
Minimum
housing or
• Multifamily
• Multifamily
mixed use:
housing or
housing or
• Private: 5 ft.
125 sf
mixed use:
mixed use:
deep, 8 ft.
• Open space
125 sf
125 sf
wide
may be
• Open
• Open
• Common: 15
either
space may
space may
ft. in any
private,
be either
be either
direction
10
TABLE 25.39-2
RRMU DEVELOPMENT STANDARDS
Live[Work, Residential, Mixed Use and
Industrial
Development
Commercial Development
and
Additional
Base
Increased
Maximum
Standards
Institutional
Regulations
Standard
Intensity
Intensity
Developme
Tier 1
Tier 2)
Tier 3)
nt
common, or
private,
private,
include both
common,
common,
Any required
or include
or include
pedestrian
both
both
plaza/public
space, as set
forth in
subsection
13.3, below,
may count
toward up to
50% of the
common open
space.
i. Percent
15%
20%
20%
15%
landscape
coverage -
Minimum
Notes:
Above -ground parking structures shall be exempt from Floor Area Ratio (FAR) calculations.
2 FAR of Industrial, Manufacturing, Processing, Warehousing, and Wholesale uses may be
increased to 1.5 with a Conditional Use Permit.
3 Lot coverage may be increased if additional useable common open space equivalent to the
additional lot coverage (in square feet) is provided on a podium -level landscaped courtyard or
plaza.
4 Maximum building heights are also required to comply with Airspace Protection Policies AP-1
through AP-4 of the Comprehensive Airport Land Use Compatibility Plan for the Environs of
San Francisco International Airport (ALUCP). This includes determining the need to file Form
7460-1, Notice of Proposed Construction or Alteration, with the FAA for any proposed project
that would exceed the FAA notification heights, as shown approximately on ALUCP Exhibit IV-
10 and complying with FAA Aeronautical Study Findings. It also includes complying with the
maximum compatible building height, which includes all parapets, elevator overruns, etc. of a
building, as noted in ALUCP policy AP-3 and depicted in Exhibits IV-17 and IV-18 of the
ALUCP.
B. Additional Regulations.
1. Live/Work Standards.
a. Purpose and Applicability. The provisions in this section shall apply to live/work
units.
b. Intent. The development standards of this section are intended to facilitate the creation
of new, adaptable live/work units in a manner that preserves the surrounding industrial
and artistic character, supports enhanced street level activity, maintains a consistent
urban streetwall, and orients buildings and pedestrians toward public streets.
Live/work Units are intended to be designed with adequate workspace, higher ceilings,
11
larger doors, sufficient natural light, open floor plans, and equipped with non-
residential finishes and features that support arts and production activities.
c. Density/Floor Area Allocation. Live/work units consistent with the provisions of this
section may be apportioned from either the Residential (as specified by Density
standards in Table 25.39-2) and/or Nonresidential (as specified by Floor Area
Ratio/FAR standards in Table 25.39-2) allocations for a property.
d. Limitations on Use. The nonresidential component of a live/work unit shall be limited
in use to those uses set forth in Table 25.39-1 (RRMU Land Use Regulations).
Nonresidential/work is not required; however, each unit shall be designed to be
adaptable and facilitate work activities per the provisions in this section.
e. Floor Area Requirement. A live/work unit shall have a minimum floor area of at least
750 square feet. At least 150 square feet of a live/work unit shall be designated as
suitable for workspace, and measure not less than 15 feet in at least one dimension
and no less than 10 feet in any dimension. The area suitable for workspace for each
unit shall be clearly demarcated on approved building plans.
f. Separation of and Access to Individual Units. Access to each individual live/work
unit shall be provided from shop fronts, directly from the sidewalk parallel to the
primary or secondary street, or from common access areas, corridors, or halls. The
access to each unit shall be clearly separate from other live/work units or other uses
within the building.
g. Location of Living Space — Ground Floor Units. Ground floor live/work units shall
designate the front 20 feet of the unit as area suitable for workspace, in order to
maintain activity and commercial access along the frontage. Dedicated living space
may be located in the rear portion of the ground level, provided the front 20 feet of the
unit is designated as suitable for work.
h. Ceiling Height. Ground floor live/work units shall have floor to ceiling height of 15 feet
or greater, measured from top of floor to bottom of ceiling. Upper floor live/work units
shall have floor to ceiling height of 10 feet or greater. A mezzanine space shall not be
included in the calculation of minimum height for any floor or level.
i. Integration of Living and Working Space. Areas within a live/work unit that are
designated as living space shall be an integral part of the live/work unit and not
separated (or occupied and/or rented separately) from the area designated for
workspace.
Client and Customer Visits. Client and customer visits to live/work units are
permitted.
2. Pedestrian Plaza/Public Space. Where total lot area or development site equals
50,000 square feet or greater, a pedestrian plaza or other public open space/gathering
space shall be provided that meets the following design criteria:
a. Is a minimum of 1,500 square feet in size;
b. Has a minimum dimension at least 30 feet on any side;
c. Is at least 50 percent open to the sky;
d. Is located at ground level with direct pedestrian and ADA access to the adjacent
public street;
12
e. Is unenclosed by any wall, fence, gate, or other obstruction across the subject
property;
f. Is open to the public, without charge, each day of the year, except for temporary
closures for necessary maintenance or public safety; and
g. Includes at least one gathering space with a fountain or other focal element.
3. Mid -Block Plazas and Paseos. Where blocks (measured from curb face to curb face)
are longer than 400 feet, and where a development has more than 300 feet of frontage,
at least one plaza, pedestrian pathway or paseo shall be provided perpendicular to the
block face. All such plazas shall meet the design criteria outlined in 25.39.030.B.2. All
such paseos shall meet the following design criteria:
a. Be open to the public and remain so during daylight hours;
b. Be at least 15' wide, and 15' deep if a plaza;
c. Have a clear line of sight to the back of the paseo, gathering place, or focal element;
and
d. Be at least 50% open to the sky or covered with a transparent material.
4. Industrial/Residential Interface. Any live/work unit or other residential unit on a site
abutting an industrial use on an adjoining site shall be set back a minimum of 15 feet
from the lot line shared by the property with the industrial use. A minimum six -foot -high
masonry wall or other buffering feature suitable to the review authority shall be provided
along the shared property line.
5. Residential Notice. Residents of new live/work, mixed -use, and stand-alone residential
development projects, whether owners or tenants, shall be notified in writing before taking
up residence that they will be living in an urban -type environment, that the noise levels
may be higher than in a strictly residential area, and that there may be odors associated
with commercial and industrial uses. The covenants, conditions, and restrictions of any
development with a residential use shall require that prospective residents acknowledge
the receipt of the written noise notification. Such written noise notification shall be
provided in residential leases. Signatures shall confirm receipt and understanding of this
information.
C. Community Benefit Bonuses — Tiers for Increased FAR, Density, and Height.
Purpose and Applicability. To provide an incentive for development, and in partnership
with the City to provide community benefits that would not otherwise be created, the
Planning Commission may grant increased FAR, density, and/or height in return for
provision of specific community benefits, as listed below or subsequently identified by the
City Council, if doing so is in the City's interest and will help implement the General Plan
and further, if these benefits cannot be realized without granting increased FAR, height,
and/or density. A variety of objectives are listed to ensure that proposed project features
are appropriate for the site and surroundings, and to allow for a wide range of possible
project types.
2. Tier 2 — Number of Community Benefits. The Planning Commission may approve Tier
2 projects if it determines that the project includes at least two community benefits from
subsection 4 of this Section (Community Benefits Objectives). At least one affordable and
workforce housing objective from 4.a shall be chosen.
13
3. Tier 3 — Number of Community Benefits. The Planning Commission may approve Tier
3 projects if it determines that the project includes at least three community benefits from
subsection 4 of this Section (Community Benefits Objectives). At least one affordable and
workforce housing objective from 4.a shall be chosen.
4. Community Benefit Objectives.
a. Affordable and Workforce Housing.
i. The project provides affordable housing at the rate of five percent for low-income
households, or 10 percent for moderate -income households, as a percentage of
the total number of housing units built, for a period of 55 years or greater.
ii. The project qualifies for, and utilizes, a density bonus in compliance with the City's
affordable housing incentives (Chapter 25.63).
b. Pedestrian Amenities. The project includes major pedestrian connections in excess
of minimum paseo requirements.
c. Public Plazas Beyond Minimum. Public plazas or other publicly accessible open
spaces at least 50 percent larger than the minimum required. Where provided, such
public plazas and open spaces shall be subject to the following:
i. The public plaza shall be owned, operated, and maintained by the developer or
property manager in accordance with an approved maintenance plan to be
reviewed and approved by the Community Development Director;
ii. Each part of the public plaza shall be accessible from other parts of the open
space without leaving the open space area;
iii. The public plaza shall be on the ground level and directly accessible from the
sidewalk, and be accessible to persons with disabilities;
iv. The public plaza shall be open to the public, without charge, each day of the year,
except for temporary closures for necessary maintenance or public safety; and
V. At a minimum, the following elements shall be included: trees and landscaping,
seating, bicycle racks, trash and recycling receptacles, and signage that include
hours of operation.
d. Off -Site Streetscape Improvements. Does not include improvements along the
frontage of a development site that would normally be required. Examples include:
Enhanced pedestrian and bicycle -oriented streetscapes;
Protected bicycle lanes and pedestrian pathways, improved bicycle and
pedestrian crossings/signals, bicycle racks/shelters;
iii. New pedestrian and bicycle connections to transit facilities, neighborhoods, trails,
commercial areas, etc.;
iv. Removal of existing pedestrian and bicycle barriers (e.g. dead -ends and cul-de-
sacs);
14
V. Upgrading traffic signals to enhance pedestrian and bicycle safety
e. Cultural Arts Space. Includes space for visual arts, performing arts, artist housing,
and other activities that support arts and culture.
f. Pedestrian and Similar Paths and Connections between Adjacent Properties. To
effectuate the goal of creating walkable and bikeable environments, improved
pedestrian ways and other paths open to the public that accommodate easy movement
across and between properties under separate ownership.
g. Historic Preservation (Off -Site). Where there are no historic resources on the
project site, the project provides for the permanent preservation of a building off site
that is listed in the City's inventory of historical resources through the recordation of a
historic preservation agreement.
h. Mode Split. The project provides for a permanent mobility mode shift towards
alternative transportation of up to 25 percent for building occupants through a
Transportation Demand Management Program. Prior to the issuance of building
permits, a covenant agreement shall be recorded that discloses the required
Transportation Demand Management provisions. This agreement shall be recorded in
the office of the County Recorder to provide constructive notice to all future owners of
the property of any ongoing programmatic requirements.
i. Zero Net Energy. The project provides 100 percent of total building energy load
measured as kilowatt per square foot through solar panels, wind turbines, or other
renewable sources.
j. Publicly Accessible Park Space. Contribution towards the provision of public parks
in the North Rollins Road area. Contribution can be in the form of dedication of land,
provisions of improvements, or payment of fee in excess of that normally required for
parks.
k. Public Parking Facilities. The project provides publicly accessible parking to serve
area -wide parking needs. To qualify, the parking spaces should be permanently
available for public use and subject to easements or restrictions acceptable to the City.
I. Flexible (Miscellaneous) Benefit. The applicant agrees to provide a currently
undefined community benefit approved by the City Council that is significant and
substantially beyond normal requirements. Examples are inclusion of a child care
center or community event space in a new development project, off -site utility
infrastructure improvements above and beyond those required to serve the
development, additional funding for City programs such as contribution to a local
fagade improvement program, or subsidy for existing commercial tenants or other local
small businesses.
25.39.040 Design Standards and Objective Design Criteria.
A. Design Standards. All new development shall be designed to achieve the following
objectives:
1. The overall design intent of the RRMU zone is to provide for an eclectic mix of residential,
live/work, commercial, and light industrial development that has an industrial and
contemporary look in terms of materials used, architectural styles, and building forms.
15
2. Site and building design shall provide for internal compatibility among the different uses in
terms of noise, hours of operation, vehicle and pedestrian circulation, access, use of open
space, and similar operating characteristics.
3. Potential noise, odors, glare, pedestrian traffic, and other potentially significant impacts on
residents shall be minimized to allow a compatible mix of residential and nonresidential
uses on the same site.
4. The design of any live/work or mixed -use project shall take into consideration potential
impacts on adjacent properties and shall include specific design features to minimize
potential impacts.
5. The design of the mixed -use project shall ensure that the residential units are of a
residential character and that privacy between residential units and between other uses
on the site is maximized.
6. The design of the structures and site planning shall encourage integration of the street
pedestrian environment with the nonresidential uses through the use of plazas,
courtyards, walkways, and street furniture.
7. Site planning and building design shall be compatible with and enhance the adjacent and
surrounding built environment in terms of scale, building design, color, exterior materials,
roof styles, lighting, landscaping, and signage.
B. Building Orientation, Entrances, and Articulation.
1. Building Design. Recognizing the varied commercial and industrial character of the area,
new development and redevelopment projects should be encouraged to feature a blend
of both commercial and residential design features, including modern, industrial type
building design.
2. Orientation. The main building of a development shall be oriented to face a public street.
Building frontages shall be generally parallel to streets. For all residential, retail, and office
uses, at least one primary entrance to a ground -floor use shall face the adjacent street
right-of-way. Ground -related entrances include entrances to ground -floor uses.
3. Ground Floor Transparency. At least 45 percent of the exterior walls on the ground floor
facing the street shall include windows, doors, or other openings.
4. Nonresidential Entrances. Entries shall be clearly defined features of front fagades and
of a scale that is in proportion to the size of the building and number of units being
accessed. Larger buildings shall have a more prominent building entrance while
maintaining a pedestrian scale.
5. Transitional Space at Residential Entries. New residential buildings shall provide
transitional spaces in the form of stoops, overhangs, and porches between public areas
fronting the primary street and entrances. This type of element or equivalent shall be
required for each unit or group of units, but no less than one of this type of element shall
be provided.
6. Building Articulation. Except for buildings housing industrial uses, no street frontage wall
may run in a continuous plane for more than 25 feet without an opening (door or window)
16
or offsets, or as approved by the review authority if the project is constrained by unusual
parcel size, shape, use, or other features that the responsible review authority accepts as
rendering this requirement infeasible. Openings fulfilling this requirement shall have
transparent glazing and provide views into work areas, display areas, sales areas, lobbies,
or similar active spaces. Offsets shall vary in depth and/or direction of at least 18 inches,
or a repeated pattern of offsets, recesses, or projections of similar depth.
7. Structured Parking. Structured parking facing public streets should be fronted or
wrapped with actively occupied spaces such as storefronts, live/work units, residential
community amenities, and lobbies. Access to parking shall be designed so that it is not
prominent and ties into the adjacent architectural style.
C. Site Layout
1. Streetscape. Street frontages shall meet the standards set forth in Table 25.39-3 (RRMU
Street Frontage Standards).
TABLE 25.39-3: RRMU STREET FRONTAGE STANDARDS
Street Type
Frontage — Measured from Back of Curb to
Building Face
Mixed -Use Arterial
(Rollins Road)
Building Frontage
Setback
15 ft. minimum
Walk Zone Public
10 ft. minimum
Amenity/Planter Zone
5 ft. minimum
Tree Wells
5 ft. by 5 ft. minimum
Mixed -Use Collector
(Adrian Road)
Building Frontage
Setback
12 feet
Walk Zone Public
6 ft. minimum
Amenity/Planter Zone
5 ft. minimum
Tree Wells
5 ft. by 5 ft. min
Mixed -Use Access
(Adrian Court,
Broderick Road,
Guittard Road, Ingold
Road)
Building Frontage
Setback
10 feet
Walk Zone (Public)
6 ft. minimum
Amenity/Planter Zone
4 ft. minimum
Tree Wells
4 ft. by 4 ft. minimum
Build -To Lines
At least sixty (60) percent of the structure shall
be located at the Building Frontage Setback.
Exceptions
Exceptions to Building Frontage Standards may
be granted to accommodate conflicts with
recorded easements, rights -of -ways, etc.
2. Pedestrian Access. On -site pedestrian circulation and access shall be provided per the
following standards:
a. Internal Connections. A system of pedestrian walkways shall connect all buildings
on a site to each other, to on -site automobile and bicycle parking areas, and to any
on -site open space areas or pedestrian amenities.
b. To Circulation Network. Regular and convenient connections between on -site
walkways and the public sidewalk and other existing or planned pedestrian routes,
such as safe routes to school, shall be provided. An on -site walkway shall connect the
primary building entry or entries to a public sidewalk on each street frontage.
17
c. To Adjacent Areas. Direct and convenient access shall be provided among adjoining
residential and commercial areas and along creeks to the maximum extent feasible
while still providing for safety and security. Public access easements minimum 10 feet
in width shall be provided to allow for future connections.
d. To Transit. Safe and convenient pedestrian connections shall be provided from
adjacent transit stops to building entrances.
3. Location of Parking. Any surface parking facilities shall be located to the side or rear of
any proposed project. No more than 33 percent of the site area at the ground level may
be used for surface parking facilities.
4. Service and Delivery Areas. Unenclosed service and loading areas shall be screened
from residential areas and integrated with the design of the building. Special attention shall
be given when designing loading facilities in a location that is proximate to residential uses.
Techniques such as block walls, enhanced setbacks, or enclosed loading shall be used
to minimize adverse impacts to residents.
25.39.050 Parking
A. Off -Street Vehicle Parking. Parking shall be provided as set forth in Chapter 25.70 (Off -
Street Parking), with the following exceptions for live/work units, stand-alone residential
development, and the residential component of a mixed -use development:
TABLE 25.39-4: RRMU OFF-STREET VEHICLE
PARKING
Number of Bedrooms in
a Unit
Minimum Number of
Parking Spaces Required
0 Studio or Loft)
1 space/unit
1
1 space/unit
2
1.5 spaces/unit for
multifamily housing;
2 spaces/unit for live/work
3 or more
2 spaces/unit
Guest parking
None required
B. Vehicle Parking Stall Dimensions. All parking stalls may be provided in a single dimension,
eight and one-half feet in width by 17 feet in length, except for required accessible parking
spaces which 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
only a single dimension stall is used.
C. Aisle Dimensions. All aisles within a parking area shall be as follows:
TABLE 25.39-5: RRMU PARKING AISLE
DIMENSIONS
Parking Space Angle
Required Backup Aisle
90 degree
24 feet
60 degree
18 feet
30 degree
13 feet
D. Stacked/Mechanical Parking. Parking utilizing stackers or mechanical systems may be
approved with a Conditional Use Permit.
E. Bicycle Parking. Bicycle parking shall be provided as follows:
TABLE 25.39-6: RRMU BICYCLE PARKING
Class
Minimum Number of
Parking Spaces Required
Class I — Resident bicycles
0.5 spaces/unit
Class 11 — Guest bicycles
0.05 s aces/unit
F. Electric Vehicle (EV) Charging Stalls. 5 percent of all spaces shall be prepared for EV
charging equipment.
G. Parking Reductions for Transportation Demand Management (TDM) Plan. Projects
utilizing a Transportation Demand Management (TDM) Plan per Section 25.39.030.C.4.h.
shall be allowed up to 20 percent reduction in required off-street vehicle parking (not including
bicycle parking and EV stalls) provided the project provides for a permanent mobility mode
shift towards alternative transportation of 25 percent or greater for building occupants through
the TDM program.
25.39.060 Review Procedures
A. Design Review Required. Design review is required pursuant to Chapter 25.57 (Design
Review).
B. Planning Commission Approval of Community Benefits Bonuses. The Planning
Commission shall be the final review authority for an application for Tier 2 and Tier 3 projects.
25.39.070 Comprehensive Airport Land Use Compatibility Plan Consistency. The
following requirements and criteria shall be incorporated into site -specific development projects:
A. Airport Disclosure Notices. All new development is required to comply with the real estate
disclosure requirements of state law. The following statement must be included in the notice
of intention to offer the property for sale:
"Notice of Airport in Vicinity
This property is presently located in the vicinity of an airport, within what is known as an airport
influence area. For that reason, the property may be subject to some of the annoyances or
inconveniences associated with proximity to airport operations (for example: noise, vibration,
or odors). Individual sensitivities to those annoyances can vary from person to person. You
may wish to consider what airport annoyances, if any, are associated with the property before
you complete your purchase and determine whether they are acceptable to you."
B. Airport Noise Evaluation and Mitigation. Project applicants shall be required to evaluate
potential airport noise impacts if the project is located within the 65 CNEL contour line of San
Francisco International Airport (as mapped in the Airport Land Use Compatibility Plan for the
Environs of San Francisco International Airport). All projects shall be required to mitigate
impacts to comply with the interior (CNEL 45 dB or lower, unless otherwise stated) and
exterior noise standards established by the Airport Land Use Compatibility Plan or Burlingame
General Plan, whichever is more restrictive.
C. Avigation Easement. Any action that would either permit or result in the development or
construction of a land use considered to be conditionally compatible with aircraft noise of
CNEL 65 dB or greater (as mapped in the Airport Land Use Compatibility Plan) shall include
the grant of an avigation easement to the City and County of San Francisco prior to issuance
19
of a building permit(s) for any proposed buildings or structures, consistent with Airport Land
Use Compatibility Plan Policy NP-3 Grant of Avigation Easement.
D. Other Flight Hazards. Within Airport Influence Area (AIA) B, certain land use characteristics
are recognized as hazards to air navigation and, per SFO ALUCP Policy AP-4, need to be
evaluated to ensure compatibility with FAA rules and regulations. These characteristics
include the following:
1. Sources of glare, such as highly reflective buildings, building features, or blight lights
including search lights, or laser displays, which would interfere with the vision of pilots
in command of an aircraft in flight
2. Distracting lights that could be mistaken for airport identification lightings, runway edge
lighting, runway end identification lighting, or runway approach lighting
3. Sources of dust, smoke, water vapor, or steam that may impair the visibility of a pilot
in command of and aircraft in flight
4. Sources of electrical/electronic interference with aircraft communications/navigation
equipment
5. Any use that creates an increased attraction for wildlife, particularly large flocks of
birds, that is inconsistent with FAA rules and regulations, including but not limited to
FAA Order 5200.5A, Waste Disposal Site On or Near Airports and FAA Advisory
Circular 150/5200-33B, Hazardous Wildlife Attractants On or Near Airports and any
successor or replacement orders or advisory circulars.
20
NORTH ROLLINS ROAD MIXED USE DISTRICT BOUNDARIES
North Rollins Road
Mixed Use District
21
o�
NORTH ROLLINS ROAD MIXED USE DISTRICT
COMPREHENSIVE AIRPORT LAND USE PLAN SAFETY COMPATIBILITY ZONES
Comprehensive Airport
Land Use Plan
Safety Compatibility
Zone 3
. Jc
/F,
40
00
SECTION 2. Burlingame Municipal Code Chapter 25.40 is repealed in its entirety and replaced
with the following:
25.40.010 Purpose and Applicability
A. The purpose of the North Burlingame Mixed -Use (NBMU) zone is to implement the General
Plan North Burlingame Mixed Use designation by providing a distinct, defining area at the
City's north gateway on El Camino Real, with housing and complementary commercial and
office uses at urban -level intensities, and that takes advantage of the adjacent multimodal
22
transit center. This transit -oriented development district accommodates housing at
progressively higher densities based on the level of community benefits provided, with the
goal of ensuring that new development adds value for all in the City.
B. The provisions of this chapter shall apply to the areas in the city with the "North Burlingame
Mixed Use" land use designation as shown on the Land Use Plan, Figure CC-1 of the
Burlingame General Plan.
25.40.020 Land Use Regulations
A. Table 25.40-1 identifies the land use regulations for the NBMU zone. Any use not listed
below shall be prohibited, unless the Director finds that the proposed use is similar in
characteristics to allowed uses.
B. Stand-alone commercial and residential developments are permitted.
TABLE 25.40-1: NBMU LAND USE
P Permitted
REGULATIONS
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use
Permit Requirement
Specific Use Regulations
COMMERCIAL - RETAIL
Eating and Drinking Establishments
• Bars, Taverns
MCUP
• Night Club
CUP
• Restaurant
P
• Restaurant — Drive -through
--
Food and Beverage Sales
• General Market
P
• Convenience Store
CUP
• Liquor Store
--
Nurseries and Garden Centers
--
Retail Sales
• General
P
• Large Format
--
• Specialized
CUP
Vehicle Fuel Sales and Service
CUP
Vehicle Sales
--
• Auto and Light Truck — New
--
• Auto and Light Truck — Used
--
• Heavy Equipment Sales and
--
Rental
COMMERCIAL — SERVICES AND RECREATION
Adult Entertainment Businesses
--
23
TABLE 25.40-1: NBMU LAND USE
P Permitted
REGULATIONS
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use
Permit Requirement
Specific Use Regulations
Animal Care Services
Grooming - No overnight
• Boarding/Kennels
--
animal stays permitted.
• Grooming
P
• Veterinarian
MCUP
Banks and Financial Institutions
P
Check Cashing and Pay Day Loan
--
Establishments
Commercial Recreation
CUP
Day Care Centers
CUP
SFO Safety Compatibility
Zone 3: Commercial
facilities defined in
accordance with Health and
Safety Code, Section
1596.70, et. Seq., and
licensed to serve 15 or
more children not allowed.
Family day care homes and
noncommercial employer -
sponsored facilities
ancillary to place of
business allowed with a
CUP.
SFO Safety Compatibility
Zone 2: Commercial
facilities defined in
accordance with Health and
Safety Code, Section
1596.70, et. Seq., and
licensed to serve 15 or
more children not allowed.
Family day care homes and
noncommercial employer -
sponsored facilities
ancillary to place of
business not allowed.
Food Preparation (catering)
MCUP
Funeral Services and Cemeteries
--
Office — Medical or Dental
P
Office — Professional
P
24
TABLE 25.40-1: NBMU LAND USE
P Permitted
REGULATIONS
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use Ak.
Permit Requirement
Specific Use Regulations
Personal Services — General
P
Personal Services - Specialized
CUP
Light Research/Development and
P
SFO Safety Compatibility
Laboratories
Zone 3: CUP required if
use entails hazardous
materials. Biosafety Level 3
and 4 facilities not allowed.
SFO Safety Compatibility
Zone 2: Not allowed if use
entails hazardous
materials.
Theaters
SFO Safety Compatibility
• Live
CUP
Zone 2: Facilities seating
• Movie or similar
CUP
more than 300 people not
allowed.
Vehicle Service, Repairs, and
Rentals
• Car Wash
--
• Major Repair/Body Work
--
• Minor Repair/Body Work
--
• Rental Facilities
A
EDUCATIONAL SERVICES
Class or School Uses
CUP
Public and private schools
serving preschool through
grade 12 not allowed.
Trade Schools
--
LODGING
Bed and Breakfast
Emergency Shelters
--
Hostels
--
Hotels and Motels
CUP
PUBLIC AND QUASI -PUBLIC USES
Community Open Space
P
Hospitals and Clinics
CUP
Public Assembly Facilities
--
Public Parks
P
Places of Religious Assembly
CUP
SFO Safety Compatibility
Zone 2: Facilities seating
25
TABLE 25.40-1: NBMU LAND USE
P Permitted
REGULATIONS
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use
Permit Requirement
Specific Use Regulations
more than 300 people not
allowed.
RESIDENTIAL USES
Multi -Family Residential
P
Residential Care Facilities
CUP
Nursing homes not allowed.
Supportive and Transitional Housing
P
MIXED USES
Mixed Use Developments
P
With individual specific
uses subject to land use
regulatory requirements set
forth in this table.
TRANSPORTATION AND UTILITIES
Parking facilities, including parking
garages
Transit Facilities
CUP
Utilities
MCUP
SPECIFIC AND TEMPORARY USES
Outdoor Temporary and Seasonal
TUP
Sales
Temporary Uses
TUP
Vending machines
A
Outdoor dining
A
Note:
Uses must comply with Safety Compatibility Policies SP-1 through SP-3 of the Comprehensive Airport
Land Use Compatibility Plan for the Environs of San Francisco International Airport including
Noise/Land Use Compatibility and Safety Compatibility Criteria listed in Tables IV-1 and IV-2. Some
uses listed above may be incompatible in safety zones. The northwestern portion of the North
Burlingame Mixed Use Zone is within Safety Compatibility Zone 2 — Inner Approach/Departure Zone;
while the remainder is within Safety Compatibility Zone 3 — Inner Turning Zone.
25.40.030 Development Standards
A. Development Standards Generally; Calculation of FAR and Density.
1. Development projects shall comply with the development standards set forth in Table
25.40-2 (NBMU Development Standards). The floor area ratio (FAR) standards shall
apply to the non-residential component on a development on a site; the density
standards shall apply to any residential component. The non-residential (FAR) and
residential (density) components are additive.
ME
2. A developer may elect to develop consistent with either Tier 1, Tier 2, or Tier 3
development standards. Projects using Tier 2 or Tier 3 standards shall provide
community benefits pursuant to subparagraph 25.40.030.D, below.
TABLE 25.40-2
NBMU DEVELOPMENT STANDARDS
Development Standards
Base
Increased
Maximum
Additional
Standard
Intensity
Intensity
Regulations
Tier 1
Tier 2
Tier 3
a. Density — Maximum
40 du/ac
80 du/ac
140 du/ac
Tier 2 and 3 must
(applies to residential
provide community
component)
benefits per
subparagraph B,
below.
b. Floor Area Ratio (FAR) —
Tier 2 and 3 must
Maximum
0.50 Office
1.25 Office
2.0 Office
provide community
(applies to non-residential
0.25
0.50
1.0
benefits per
component)'
Commercial
Commercial
Commercial
subparagraph B,
below.
c. Height3
4 stories/
5 stories/
7 stories/
Tier 2 and 3 must
45 ft.
55 ft.
75 ft.
provide community
maximum
maximum
maximum
benefits per
subparagraph B,
For
below.
properties
on the east
Special
side of El
Requirements and
Camino
Exceptions:
Real,
9 stories/
1. Building
100 ft.
frontages facing
subject to
Trousdale Drive
additional
(west of El
setback
Camino Real),
standards,
Murchison Drive
below
(west of El
Camino Real),
Magnolia Drive,
Ogden Drive, and
Marco Polo Way:
a. 35% of the
linear frontage
above 35 feet
must step back
a minimum 5
feet, in the form
of insets,
balconies, or
stepbacks, or
b. 80% of a
building's linear
frontage above
27
TABLE 25.40-2
NBMU DEVELOPMENT STANDARDS
Development Standards
Base
Increased
Maximum
Additional
Standard
Intensity
Intensity
Regulations
Tier 1
Tier 2
Tier 3
55 feet stories
must step back
a minimum of 10
feet, in the form
of insets,
balconies, or
ste backs
d. Setbacks
• For any building adjacent to
Any building fagade that faces the
properties zoned R-1 or R-2
adjacent R-1 or R-2 property line and
that is above 15 feet in height shall have
additional setback distance added to the
required setback. That additional
setback shall apply to any portion of the
building above 15 feet in height and shall
be a minimum horizontal distance of one
foot for every one foot of building height
above 30 feet.
• Front: El Camino Real
0 to 10 ft. for first 35 ft.
Subject to
streetscape
frontage standards
in Table 25.40-3
• Front: Mixed -Use Arterial
0 to 10 ft., with at least 60 percent of the
Subject to
(Trousdale Drive,
structure located at the streetscape
streetscape
Murchison Drive, California
frontage line per Table 25.40-3
frontage standards
Drive)
in Table 25.40-3
• Front: Mixed -Use Collector
0 to 10 ft., with at least 40 percent of the
Subject to
(Magnolia Drive) and
structure located at the streetscape
streetscape
Neighborhood Access
frontage line per Table 25.40-3
frontage standards
(Ogden Drive, Marco Polo
in Table 25.40-3
Way)
• Side — Interior: El Camino
10 ft.
Real
• Side — Interior: Trousdale
10 ft.
Drive, Murchison Drive,
California Drive, Ogden
Drive, and Marco Polo Way
• Side — Street
0 to 10 ft., with at least 40 percent of the
Subject to
structure located at the streetscape
streetscape
frontage line per Table 25.40-3
frontage standards
in Table 25.40-3
• Rear
15 ft. minimum
20 ft. minimum if abutting a lot zoned R-
1 or R-2
e. Lot Dimensions — Minimum
Minimum applies to
new subdivisions
ME
TABLE 25.40-2
NBMU DEVELOPMENT STANDARDS
Development Standards
Base
Increased
Maximum
Additional
Standard
Intensity
Intensity
Regulations
Tier 1
Tier 2
Tier 3
• Size
20,000 sf
of land; legally
• Width at street frontage
150 ft.
established lots of
smaller size may
be developed
consistent with the
requirements of
this Chapter 25.40.
f. Lot Coverage — Maximum2
80%
Lot coverage may
be increased if
additional, usable
common open
space generally
equivalent to the
additional lot
coverage (in
square feet) is
provided on a
rooftop garden and
hardscape.
g. Open Space and
Landscaping
Minimum
100 sf per unit of open space per unit.
dimensions of
• Open space for residential
Open space may be either private,
open space:
units — Minimum
common, or include both.
• Private: 5 ft.
• Percent landscape
10% of entire site; see also 25.40.040.
deep, 8 ft. wide
coverage - Minimum
• Common: 15 ft.
in any direction
h. Parking
1. Parking shall be provided as set forth in Chapter 25.70.
2. Garages may be constructed entirely below ground level,
and such underground garages may project into any
required yard or building setback area.
3. No at -grade parking shall be visible or accessed from El
Camino Real.
Notes:
Above -ground parking structures shall be exempt from Floor Area Ratio (FAR) calculations.
2 Lot coverage may be increased if additional useable common open space equivalent to the
additional lot coverage (in square feet) is provided on a podium -level landscaped courtyard or
plaza.
3 Maximum building heights are also required to comply with Airspace Protection Policies AP-1
through AP-4 of the Comprehensive Airport Land Use Compatibility Plan for the Environs of
San Francisco International Airport (ALUCP). This includes determining the need to file Form
7460-1, Notice of Proposed Construction or Alteration, with the FAA for any proposed project
that would exceed the FAA notification heights, as shown approximately on ALUCP Exhibit IV-
10 and complying with FAA Aeronautical Study Findings. It also includes complying with the
maximum compatible building height, which includes all parapets, elevator overruns, etc. of a
N9
TABLE 25.40-2
NBMU DEVELOPMENT STANDARDS
Development Standards
Base
Increased
Maximum
Additional
Standard
Intensity
Intensity
Regulations
Tier 1
Tier 2
Tier 3
building, as noted in ALUCP policy AP-3 and depicted in Exhibits IV-17 and IV-18 of the
ALUCP.
B. Community Benefits — Required Enhancements for Tier 2 and 3 Increased FAR,
Density, and Height.
5. Purpose and Applicability. The community benefits program is established to provide
incentives for higher intensity development not otherwise allowed by these zoning
regulations, and to create new community benefits that may not otherwise result from
development activity. The Planning Commission, through a discretionary review and
public hearing process, may grant increased FAR, density, or building height in return for
provision of specific community benefits, as listed below or subsequently identified by the
City Council, if doing so is in the City's interest and will help implement the General Plan,
and in finding that these benefits cannot be realized without granting increased FAR,
height, and/or density. A variety of objectives are listed to ensure that proposed project
features are appropriate for the site and surroundings, and to allow for a wide range of
possible project types.
6. Tier 2 - Number of Community Benefits. The Planning Commission may approve Tier
2 projects if it determines that the project includes at least two community benefits from
subsection 4 of this Section (Community Benefits Objectives). At least one affordable and
workforce housing objective from 4.a shall be chosen.
7. Tier 3 - Number of Community Benefits. The Planning Commission may approve Tier
3 projects if it determines that the project includes at least three community benefits from
subsection 4 of this Section (Community Benefits Objectives). At least one affordable
and workforce housing objective from 4.a shall be chosen.
8. Community Benefit Options.
m. Affordable and Workforce Housing.
i. The project provides affordable housing at the rate of five percent for low-income
households, or 10 percent for moderate -income households, as a percentage of
the total number of housing units built for a period of 55 years or greater.
The project qualifies for, and utilizes, a density bonus in compliance with the City's
affordable housing incentives (Chapter 25.63).
n. Pedestrian Amenities. The project includes major pedestrian connections in excess
of minimum pedestrian requirements.
o. Public Plazas.
vi. The minimum area of any public plaza shall be 2,000 square feet;
30
vii. The public plaza is owned, operated, and maintained by the developer or property
manager in accordance with an approved maintenance plan to be reviewed and
approved by the Community Development Director;
viii. Each part of the public plaza shall be accessible from other parts of the open
space without leaving the open space area;
ix. The public plaza shall be on the ground level and directly accessible from the
sidewalk, and be accessible to persons with disabilities;
X. The public plaza shall be open to the public, without charge, each day of the year,
except for temporary closures for necessary maintenance or public safety; and
A. At a minimum, the following elements shall be included within the open space:
trees and landscaping, seating, bicycle racks, trash and recycling receptacles,
and signage that include hours of operation.
p. Off -Site Streetscape Improvements. These provisions do not include improvements
along the frontage of a development site that would normally be required. Examples
of amenities include:
vi. Enhanced pedestrian and bicycle -oriented streetscapes.
vii. Protected bicycle lanes and pedestrian pathways, improved bicycle and
pedestrian crossings/signals, bicycle racks/shelters.
viii. New pedestrian and bicycle connections to transit facilities, neighborhoods, trails,
commercial areas, etc.
ix. Removal of existing pedestrian and bicycle barriers (e.g. dead -ends and cul-de-
sacs).
X. Upgrading traffic signals to enhance pedestrian and bicycle safety.
q. Cultural Arts Space. Includes space for visual arts, performing arts, artist housing,
and other activities that support arts and culture.
r. Pedestrian and Similar Paths and Connections between Adjacent Properties. To
effectuate the goal of creating walkable and bikeable environments, improved
pedestrian ways and other paths open to the public that accommodate easy movement
across and between properties under separate ownership.
s. Historic Preservation (Off -Site). Where there are no historic resources on the
project site, the project provides for the permanent preservation of a building off site
that is listed in the City's inventory of historical resources through the recordation of a
historic preservation agreement.
t. Mode Split. The project provides for the permanent mode shift towards alternative
transportation for building occupants through a Transportation Demand Management
Program that achieves the objectives of General Plan Chapter VI: Mobility. Prior to the
issuance of building permits, a covenant agreement shall be recorded that discloses
the required Transportation Demand Management provisions. This agreement shall
be recorded in the office of the County Recorder to provide constructive notice to all
future owners of the property of any ongoing programmatic requirements.
31
u. Zero Net Energy. The project provides 100 percent of total building energy load
measured as kilowatt per square foot through solar panels, wind turbines, or other
renewable sources.
v. Public Parking Facilities. The project provides publicly accessible parking to serve
area -wide parking needs. To qualify, the parking spaces should be permanently
available for public use and subject to easements or restrictions acceptable to the City.
w. Flexible (Miscellaneous) Benefit. The applicant agrees to provide a currently
undefined community benefit approved by the City Council that is significant and
substantially beyond normal requirements. Examples are inclusion of a child care
center or community event space in a new development project, off -site utility
infrastructure improvements above and beyond those required to serve the
development, additional funding for City programs such as contribution to a local
fagade improvement program, or subsidy for existing commercial tenants or other local
small businesses.
25.40.040 Design Standards and Objective Design Criteria. In addition to the
development standards in Section 25.40.030, the following design standards and criteria shall
apply to all new development projects.
D. Design Standards. All new development shall be designed to achieve the following
objectives:
8. The design shall provide for internal compatibility between the different uses in terms of
noise, hours of operation, vehicle and pedestrian circulation, access, use of open space,
and other operating characteristics that affect quality of life.
9. Potential noise, odors, glare, pedestrian traffic, and other impacts on residents shall be
minimized to allow a compatible mix of residential and nonresidential uses on the same
site.
10. The design of the mixed -use project shall ensure that the residential units are of a
residential character and that privacy between residential units and between other uses
on the site is maximized.
11. The design of the structures and site planning shall encourage integration of the street
pedestrian environment with the nonresidential uses through the use of plazas,
courtyards, walkways, and street furniture.
12. Site planning and building design shall be compatible with and enhance the adjacent and
surrounding built environment in terms of scale, building design, color, exterior materials,
roof styles, lighting, landscaping, and signage.
E. Building Orientation, Entrances, and Articulation.
8. Orientation. The main building of a development shall be oriented to face a public street.
Building frontages shall be generally parallel to streets. For all residential, retail, service,
and office uses, at least one primary entrance to a ground -floor use shall face the adjacent
street right-of-way. Ground -related entrances include entrances to ground -floor uses,
residential units, clusters of residential units, lobbies, or private courtyards.
32
9. Ground -Floor Transparency. At least 75 percent of the exterior walls on the ground floor
facing the street shall include windows, doors, or other openings.
10. Nonresidential Entrances. Entries shall be clearly defined features of front fagades and
of a scale that is in proportion to the size of the building and number of units being
accessed. Larger buildings shall have a more prominent building entrance while
maintaining a pedestrian scale.
11. Transitional Space at Residential Entries. New residential buildings shall provide
transitional spaces in the form of stoops, overhangs, and porches between public areas
fronting the primary street and entrances. This type of element or equivalent shall be
required for each unit or group of units, but no less than one of this type of element shall
be provided.
12. Building Articulation. No street frontage wall may run in a continuous plane for more
than 20 feet without an opening (door or window) or offsets, or as approved by the review
authority if the project is constrained by unusual parcel size, shape, use, or other features
that the responsible review authority accepts as rendering this requirement infeasible.
Openings fulfilling this requirement shall have transparent glazing and provide views into
work areas, display areas, sales areas, lobbies, or similar active spaces. Offsets shall vary
in depth and/or direction of at least 18 inches, or a repeated pattern of offsets, recesses,
or projections of similar depth.
13. Parking Lot and Structure Location. Surface parking lots, to the greatest extent
practicable, shall be located to the rear of a lot. Parking structures shall be integrated into
building design unless a separate structure is require for fire safety purposes or due to the
shape or configuration of a lot.
F. Site Layout
5. Streetscape. Street frontages shall meet the standards set forth in Table 25.40-3 (NBMU
Street Frontage Standards).
TABLE 25.40-3: NBMU STREET FRONTAGE STANDARDS
Street Type
Frontage - Measured from Back of Curb to
Buil ing Face
El Camino Real - with
frontage road
Building Frontage
Setback
15 ft. minimum from frontage
road curb
Walk Zone Public
10 ft. minimum
Amenity/Planter Zone
5 ft. minimum
Tree Wells
5 ft. by 5 ft. min.
El Camino Real -
without frontage road
Building Frontage
Setback
20 ft. minimum from frontage
road curb
Walk Zone Public
10 ft. minimum
Amenity/Planter Zone
5 ft. minimum
Tree Wells
5 ft. by 5 ft. minimum
Mixed -Use Arterial
(Trousdale Drive,
Murchison Drive,
California Drive)
Building Frontage
Setback
15 ft. minimum
Walk Zone Public
10 ft. minimum
Amenity/Planter Zone
5 ft. minimum
Tree Wells
5 ft. by 5 ft. minimum
Mixed -Use Collector
-(Magnolia Avenue
Building Frontage
Setback
12 feet
33
Walk Zone Public
6 ft. minimum
Amenity/Planter Zone
5 ft. minimum
Tree Wells
5 ft. by 5 ft. minimum
Neighborhood Access
(Ogden Drive, Marco
Polo Drive)
Building Frontage
Setback
10 ft.
Walk Zone Public
6 ft. minimum
Amenity/Planter Zone
4 ft. minimum
Tree Wells
1 4 ft. by 4 ft. minimum
Build -To Lines
At least sixty (60) percent of the structure shall be
located at the Building Frontage Setback.
Exceptions
Exceptions to Building Frontage Standards may be
granted to accommodate conflicts with recorded
easements, rights -of -ways, etc.
6. Pedestrian Access. On -site pedestrian circulation and access shall be provided per the
following standards:
e. Internal Connections. A system of pedestrian walkways shall connect all buildings
on a site to each other, to on -site automobile and bicycle parking areas, and to any
on -site open space areas or pedestrian amenities.
To Circulation Network. Regular and convenient connections between on -site
walkways and the public sidewalk and other existing or planned pedestrian routes,
such as safe routes to school, shall be provided. An on -site walkway shall connect the
primary building entry or entries to a public sidewalk on each street frontage.
g. To Adjacent Areas. Direct and convenient access shall be provided from mixed -use
projects to adjoining residential and commercial areas to the maximum extent feasible
while still providing for safety and security.
h. To Transit. Safe and convenient pedestrian connections shall be provided from
adjacent transit stops to building entrances.
7. Service and Delivery Areas. Service and loading areas shall be screened from
residential areas and integrated with the design of the building. Special attention shall be
given when designing loading facilities in a location that is proximate to residential uses.
Techniques such as block walls, enhanced setbacks, or enclosed loading shall be used
to minimize adverse impacts to residents.
8. Location of Residential Units. In mixed -use developments, it is the intent that residential
units not occupy the ground floor within the first 50 feet of floor area measured from each
building face adjacent to the street unless the review authority finds that the project is
designed in a manner that a residential ground -floor component enhances the pedestrian
environment.
D. Landscaping.
1. Front and Street Side Setbacks. Within any required front setback area or side yard
setback adjacent to a public street, at least 60 percent of the required setback area shall
be landscaped to provide a transition to the sidewalk.
34
2. Parking Lot Screening. Where a surface parking lot abuts a public street, a minimum
10-foot-deep landscape buffer shall be provided between the sidewalk and the first
parking row.
3. Parking Garage. Where the wall of a parking garage directly faces a public street, a
minimum 10-foot-deep landscaped area shall be provided between the sidewalk and the
parking structure wall.
25.39.050 Parking
H. Off -Street Vehicle Parking. Parking shall be provided as set forth in Chapter 25.70 (Off -
Street Parking), with the following exceptions for live/work units, stand-alone residential
development, and the residential component of a mixed -use development:
TABLE 25.40-4: NBMU OFF-STREET VEHICLE
PARKING
Number of Bedrooms in
a Unit
Minimum Number of
Parking Spaces Required
0 Studio
1 space/unit
1
1 space/unit
2
1.5 spaces/unit for
multifamily housing;
2 spaces/unit for live/work
3 or more
2 spaces/unit
Guest parking
None required
I. Vehicle Parking Stall Dimensions. All parking stalls may be provided in a single dimension,
eight and one-half feet in width by 17 feet in length, except for required accessible parking
spaces which 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
only a single dimension stall is used.
J. Aisle Dimensions. All aisles within a parking area shall be as set forth in Table 25.40-5
(NBMU Parking Aisle Dimensions)
TABLE 25.40-5: NBMU PARKING AISLE
DIMENSIONS
Parking Space Angle
Required Backup Aisle
minimum
90 degree
24 feet
60 degree
18 feet
30 degree
13 feet
K. Stacked/Mechanical Parking. Parking utilizing stackers or mechanical systems may be
approved with a Conditional Use Permit.
L. Bicycle Parking. Bicycle parking shall be provided as set forth in Table 25.40-6 (NBMU
Bicycle Parking).
TABLE 25.40-6: NBMU BICYCLE PARKING
35
Class
Minimum Number of
Parking Spaces Required
Class I — Resident bicycles
0.5 spaces/unit
Class 11 — Guest bicycles
0.05 s aces/unit
M. Electric Vehicle (EV) Charging Stalls. Five percent of all spaces shall be prepared for EV
charging equipment.
N. Parking Reductions for Transportation Demand Management (TDM) Plan. Projects
utilizing a Transportation Demand Management (TDM) Plan per Section 25.40.030.B.4.h.
shall be allowed up to 20 percent reduction in required off-street vehicle parking (not including
bicycle parking and EV stalls), provided the project provides for a permanent mobility mode
shift towards alternative transportation of 25 percent or greater for building occupants through
the TDM program.
25.40.060 Review Procedures.
A. Design Review Required. Design review shall be required pursuant to Chapter 25.57.
B. Planning Commission Approval of Community Benefits Bonuses. The Planning
Commission shall be the final review authority for an application for Tier 2 or 3 projects.
25.40.070 Comprehensive Airport Land Use Compatibility Plan Consistency. The
following requirements and criteria shall be incorporated into site -specific development projects:
E. Airport Disclosure Notices. All new development is required to comply with the real estate
disclosure requirements of state law. The following statement must be included in the notice
of intention to offer the property for sale:
"Notice of Airport in Vicinity
This property is presently located in the vicinity of an airport, within what is known as an airport
influence area. For that reason, the property may be subject to some of the annoyances or
inconveniences associated with proximity to airport operations (for example: noise, vibration,
or odors). Individual sensitivities to those annoyances can vary from person to person. You
may wish to consider what airport annoyances, if any, are associated with the property before
you complete your purchase and determine whether they are acceptable to you."
F. Airport Noise Evaluation and Mitigation. Project applicants shall be required to evaluate
potential airport noise impacts if the project is located within the 65 CNEL contour line of San
Francisco International Airport (as mapped in the Airport Land Use Compatibility Plan for the
Environs of San Francisco International Airport). All projects shall be required to mitigate
impacts to comply with the interior (CNEL 45 dB or lower, unless otherwise stated) and
exterior noise standards established by the Airport Land Use Compatibility Plan or Burlingame
General Plan, whichever is more restrictive.
G. Avigation Easement. Any action that would either permit or result in the development or
construction of a land use considered to be conditionally compatible with aircraft noise of
CNEL 65 dB or greater (as mapped in the Airport Land Use Compatibility Plan) shall include
the grant of an avigation easement to the City and County of San Francisco prior to issuance
of a building permit(s) for any proposed buildings or structures, consistent with Airport Land
Use Compatibility Plan Policy NP-3 Grant of Avigation Easement.
36
H. Other Flight Hazards. Within Airport Influence Area (AIA) B, certain land use characteristics
are recognized as hazards to air navigation and, per SFO ALUCP Policy AP-4, need to be
evaluated to ensure compatibility with FAA rules and regulations. These characteristics
include the following:
6. Sources of glare, such as highly reflective buildings, building features, or blight lights
including search lights, or laser displays, which would interfere with the vision of pilots
in command of an aircraft in flight
7. Distracting lights that could be mistaken for airport identification lightings, runway edge
lighting, runway end identification lighting, or runway approach lighting
8. Sources of dust, smoke, water vapor, or steam that may impair the visibility of a pilot
in command of and aircraft in flight
9. Sources of electrical/electronic interference with aircraft communications/navigation
equipment
10. Any use that creates an increased attraction for wildlife, particularly large flocks of
birds, that is inconsistent with FAA rules and regulations, including but not limited to
FAA Order 5200.5A, Waste Disposal Site On or Near Airports and FAA Advisory
Circular 150/5200-33B, Hazardous Wildlife Attractants On or Near Airports and any
successor or replacement orders or advisory circulars.
37
NORTH BURLINGAME MIXED USE DISTRICT BOUNDARIES
North Burlingame
Mixed Use District
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NORTH BURLINGAME MIXED USE DISTRICT
COMPREHENSIVE AIRPORT LAND USE PLAN SAFETY COMPATIBILITY ZONES
Comprehensive Airport
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Safety Compatibility
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Comprehensive Airport C,
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1
SECTION 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of
this Ordinance. The Council declares that it would have adopted the Ordinance and each section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more
39
sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 4: This Ordinance shall be published in a newspaper of general circulation in
accordance with California Government Code Section 36933, published, and circulated in the City
of Burlingame, and shall be in full force and effect thirty (30) days after its final passage.
EMILY BEACH, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing
ordinance was introduced at a public hearing at a regular meeting of the City Council held on the
2nd day of November, 2020, and adopted thereafter at a regular meeting of the City Council held
on the day of , by the following vote:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
Meaghan Hassel -Shearer, City Clerk
.R
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME FINDING THAT
ADOPTION OF AMENDMENTS TO CHAPTER 25.39 RRMU (NORTH ROLLINS ROAD
MIXED USE) DISTRICT REGULATIONS AND CHAPTER 25.40 NBMU (NORTH
BURLINGAME MIXED USE) DISTRICT REGULATIONS OF THE BURLINGAME MUNICIPAL
CODE IS IN ACCORDANCE WITH THE REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, An Environmental Impact Report (EIR) was prepared and certified on
January 7, 2019, in accordance with the California Environmental Quality Act (CEQA) for the
Update to the Burlingame General Plan; and
WHEREAS, pursuant to Section 15019 of the State CEQA Guidelines, the Burlingame
City Council determined that any subsequent actions or approvals to implement the proposed
Update to the Burlingame General Plan shall be based on and subject to the findings,
conclusions, mitigation measures, and statements set forth in the in Table 2-1 of the Draft EIR
(DEIR); and
WHEREAS, the Amendments to Chapter 25.39 RRMU (North Rollins Road Mixed Use)
District Regulations and Chapter 25.40 NBMU (North Burlingame Mixed Use) District
Regulations of the Burlingame Municipal Code are an implementation of the Update to the
Burlingame General Plan.
NOW, THEREFORE, BE IT RESOLVED, that the CITY COUNCIL of the City of Burlingame
finds that adoption of Amendments to Chapter 25.39 RRMU (North Rollins Road Mixed Use)
District Regulations and Chapter 25.40 NBMU (North Burlingame Mixed Use) District
Regulations of the Burlingame Municipal Code were adequately evaluated pursuant to CEQA in
the General Plan EIR since the amendments do not materially alter the mix of land -uses policies
evaluated in the EIR, and that no further environmental analysis is required pursuant to the
California Environmental Quality Act (CEQA).
EMILY BEACH, Mayor
RESOLUTION NO.
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the
foregoing resolution was adopted at a regular meeting of the City Council held on the day of
by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
4
Meaghan Hassel -Shearer, City Clerk
I
�e
Avovwi
To:
Date:
From:
STAFF REPORT
Honorable Mayor and City Council
November 2, 2020
AGENDA NO: 10a
MEETING DATE: November 2, 2020
Kevin Gardiner, Community Development Director — (650) 558-7253
Scott Spansail, Asst. City Attorney — (650) 558-7204
Subject: Adoption of a Resolution Creating the City of Burlingame Historic Register
RECOMMENDATION
Staff recommends that the City Council adopt a resolution officially creating the City of
Burlingame's Historic Register. This resolution would also empower the City of Burlingame
Historic Preservation Commission to create their own rules and procedures for the conduct of their
business going forward.
BACKGROUND
In 2014, the City Council adopted Chapter 21.04 of the Burlingame Municipal Code, which provides
rules, standards, and incentives regarding development of historic properties within the Burlingame
Downtown Specific Plan area. To avail themselves of these incentives, an eligible property must
first apply and be placed in the City of Burlingame Historic Register. To date, no property has
applied for inclusion into the Register. This resolution would officially create the Register, and would
also clarify certain administrative procedures of the Historic Preservation Commission.
DISCUSSION
Burlingame Municipal Code Chapter 21.04 was created by Ordinance 1899 (2014), and allows the
City to better safeguard historic properties in Downtown Burlingame. The Code does this in part by
offering development incentives to eligible properties, so long as the developer protects and
preserves the character defining elements of the architecture throughout the development process.
The Historic Preservation Commission, which is composed of all Planning Commission members,
oversees any potential development under this Chapter to ensure it complies with the Code.
However, to avail themselves of the Code's incentives, an eligible property must first apply for, and
be granted, inclusion in the Burlingame Historic Register. To date, no eligible property has made
such an application. However, the representatives of one eligible property, the former Post Office
building at 220 Park Road, have informed the City of their intent to do so.
This resolution would officially create the Burlingame Historic Register, as contemplated by Chapter
21.04.050. This Register would then be maintained by the Historic Preservation Commission, as
directed by the Code. The resolution also clarifies certain administrative procedures of the
Adoption of Resolution Creating the City of Burlingame Historic Register November Z 2020
Commission, to ensure they are able conduct business effectively before they are able to adopt
their own procedural rules.
FISCAL IMPACT
There is no impact on the General Fund, as this resolution is based on the existing City Code.
Exhibits:
• Resolution
• Burlingame Municipal Code Chapter 21.04
2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME CREATING THE
CITY OF BURLINGAME HISTORIC REGISTER
WHEREAS, the Burlingame City Council created Chapter 21.04 of the Burlingame
Municipal Code in 2014 to better safeguard historic properties located within the geographic
area covered by the Burlingame Downtown Specific Plan during development; and
WHEREAS, Chapter 21.04 provides rules, standards, and potential incentives for
prospective development of certain historic properties within the geographic area covered by the
Burlingame Downtown Specific Plan; and
WHEREAS, in order for a developer to avail themselves of the Code's resources and
incentives, a historic property must first be listed in the City of Burlingame's Historic Register
(Historic Register), which is a local register of historic places in the Burlingame Downtown
Specific Plan area; and
WHEREAS, inclusion on the Historic Register is only available to eligible properties who
apply pursuant to Burlingame Municipal Code Section 21.04.080; and
WHEREAS, to date, there had not been an application made by an eligible property for
inclusion into the Historic Register; and
WHEREAS, at least one eligible property has expressed interest in submitting a Historic
Register application to be included on the Historic Register; and
WHEREAS, the City Council wishes to officially create the Historic Register, and to
empower the Historic Preservation Commission to create its own administrative rules.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
RESOLVES AS FOLLOWS:
The City of Burlingame Historic Register is created through this resolution and will be
maintained by the Historic Preservation Commission. All members of the Burlingame Planning
Commission are also members of the Historic Preservation Commission, and the Chair of the
Planning Commission will also be Chair of the Historic Preservation Commission. The Historic
Preservation Commission may conduct their business immediately before, during, or after any
regularly scheduled Planning Commission meeting, but must declare for the record that they are
acting in their role as the Historic Preservation Commission before conducting any business.
The Historic Preservation Commission is empowered to create rules and procedures for the
conduct of their business, but until then will generally follow the administrative rules of the
Planning Commission.
I, Meaghan Hassel Shearer, City Cler
that the foregoing resolution was adopted at a
2nd day of November, 2020 by the following vote
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
Emily Beach, Mayor
k
of the City of Burlingame, do hereby certify
regular meeting of the City Council held on the
Meaghan Hassel -Shearer, City Clerk
Pa
Tools - Links - Q
Burlingame Municipal Code
Title 21 HISTORIC RESOURCE PRESERVATION
Chapter 21.04 HISTORIC RESOURCE PRESERVATION
21.04.010 Historic resources —Purpose.
A key defining element of Downtown Burlingame is the variety and character of its buildings. They include
a range of periods and styles, providing a setting that is unique among area downtown districts. The notion
that older buildings or districts can have meaning for cities has been proven in cohesive historic
neighborhoods, in renewed commercial districts and in the conservation of landmark structures. The
renovation and adaptive reuse of these historic buildings is often a benefit to the community as a whole and
the owners of surrounding properties.
Authority for local governments to establish local historic preservation programs is granted in California
Government Code Section 37361(b). The purpose of this title is to implement the policies contained in
Chapter 6.0-Historic Preservation of the Burlingame Downtown Specific Plan (adopted October 4, 2010)
through a voluntary program that provides property owners with fiscal benefits or zoning and code
incentives to preserve historic properties in the Downtown area. (Ord. 1899 § 2, (2014))
21.04.020 Definitions.
(a) "Adaptive reuse" means repurposing a designated historic resource for different uses or functions
than those for which it was originally designed while retaining the original historic features of the resource.
(b) "Alteration" means any change or modification, through public or private action, to the character -
defining or significant exterior physical features of properties affected by this title. Such changes may be
changes to or modification of structure, architectural details, or visual characteristics, grading, surface paving,
the addition of new structures, and the placement or removal of any significant objects such as signs,
plaques, light fixtures, street furniture, walls, fences, steps, plantings, and landscape accessories affecting the
significant visual and/or historical qualities of the property.
(c) "Demolition" means any act or process that destroys in part or in whole an historic resource.
(d) "Designated historic resource" means a parcel or part thereof on which an historic resource is
situated and any abutting parcel or part thereof constituting part of the premises on which the historic
resource is situated, and which has been designated an historic resource in the Burlingame Historic Register,
California Register of Historic Places and/or National Register of Historic Places.
(e) "Historic resource" means improvements, buildings, structures, signs, or other objects of scientific,
aesthetic, educational, cultural, architectural, or historical significance to the owner, citizens of the city and
the state of California, the Bay Area region, or the nation which may be eligible for local designation for
historic preservation by the city pursuant to the provisions of this title. An historic resource is either included
in the Register or may be added in accordance with Section 21.04.080.
(f) "Improvement" means any building, structure, fence, gate, landscaping, tree, wall, parking facility,
work of art, or other object constituting a physical feature of real property, or any part of such feature.
(g) "Inventory" r ers The October 6, 2008 Inventory of Historic Resources - Burlingame Downtown
TSpeo77cific Plan Link i entifies resurces in the city which may be considered historical. Owners of property
which were included in the Inventory are eligible to apply to be included on the Burlingame Historic Register.
(h) "Ordinary maintenance and repair" means any work, for which a building permit is not required by
law, where the purpose and effect of such work is to correct any deterioration of or damage to a structure or
any part thereof and to restore the same to its condition prior to the occurrence of such deterioration or
damage.
(i) "Preservation" means the identification, study, protection, restoration, or acquisition of historic
resources.
0) "Register" refers to the Burlingame Historic Register. Inclusion on the Register results from submittal
of an application to the community development department by the property owner, with exception of the
two structures and one tree grove in the city which are listed on the California Register of Historic Places
and/or National Register of Historic Places, as referenced in Section 21.40.040 of this title.
(k) "Secretary of the Interior Standards for Rehabilitation" means the standards promulgated by the
National Park Service that provide guidance for the preservation, rehabilitation, restoration and
reconstruction of historic properties.
(1) "Significant feature" means the natural or man-made elements embodying style or type of historic
resource, design, or general arrangement and components of an improvement, including, but not limited to,
the kind, color, and texture of the building materials, and the type and style of all windows, doors, lights,
signs, and other fixtures appurtenant to such improvement. (Ord. 1899 § 2, (2014); Ord. 1937 § 2, (2017))
21.04.030 Applicability.
The city of Burlingame's Historic Resource Preservation Program shall apply only to the geographic area
covered by the Burlingame Downtown Specific Plan, as shown on the following map:
(Ord. 1899 § 2, (201
Tools - Links - � �c
21.04.040 City of Burlingame Historic Architectural Resources Inventory.
The October 6, 2008 Inventory of Historic Resources -Burlingame Downtown Specific Plan (Inventory)
identifies resources in the city which may be considered historical for purposes of this title. The Inventory
was developed based on the National Register of Historic Places Guidelines for determining historical
resources. The criteria in subsection 0) and at least two (2) of the other criteria were utilized to determine the
significance of a property. The criteria utilized in developing the Inventory are detailed below:
(a) Buildings, structures, or places that are important key focal or pivotal points in the visual quality or
character of an area, neighborhood, or survey district.
(b) Structures that help retain the characteristics of the town that was fifty (50) years ago.
(c) Structures that contribute to the unique urban quality of a downtown.
(d) Structures contributing to the architectural continuity of the street.
(e) Structures that are identified with a person or person who significantly contributed to the culture
and/or development of the city, state, or nation.
(f) Structures that represent an architectural type or period and/or represent the design work of known
architects, draftsmen, or builders whose efforts have significantly influenced the heritage of the city, state, or
nation.
(g) Structures that illustrate the development of California locally and regionally.
(h) Buildings retaining the original integrity of and/or illustrating a given period.
(i) Structures unique in design or detail, such as, but not limited to, materials, windows, landscaping,
plaster finishes, and architectural innovation.
Q) Structures that are at least fifty (50) years old or properties that have achieved significance within the
past fifty (50) years if they are of exceptional importance.
The inventory identified two (2) properties that are already included on the California Register of Historic
Places; the Burlingame Railroad Station located at 290 California Drive and the Severn Lodge Dairy wallscape
located at 220 California Drive. Additionally, the Burlingame Railroad Station and the Howard -Ralston
Eucalyptus Tree Rows flanking El Camino Real as it traverses the city, appear on the National Register of
Historic Places.
Resources are not subject to any provisions of this title as result of being included in the Inventory. The
intent of the Inventory is only to identify resources which are eligible for inclusion in the city's Register.
Resources are included in the Register only upon request of the property owner.
Properties identified in the Inventory shall not be prejudiced in any form as result of being included in the
Inventory. (Ord. 1899 § 2,(2014))
21.04.050 City of Burlingame Historic Register.
(a) A structure or resource becomes locally designated and included in the Burlingame Historic
Resources Register only as result of the property owner submitting a Historical Preservation Application to
the community development department and having it approved by the planning commission. Procedures
for applying for designation are defined in Section 21.04.080(a) of this chapter.
To (bs An�iRk,,, rti�s that re p esently included on the California Register of Historic Places and/or the
a tonal Regis er oflistoric Places shall automatically be included on the city of Burlingame's local register.
(c) Requests to delete a designated historic resource from the Register shall be submitted in writing to
the community development director and shall be processed as provided in Section 21.04.080(b). The
community development director shall report the removal of resources from the Register to the planning
commission and to the Burlingame city council.
(d) The community development director shall periodically propose and process for deletion from the
Burlingame Register those designated historic resources which have been lawfully removed, demolished or
disturbed to such an extent that, in the community development director's opinion, they no longer qualify for
placement on the Register.
(e) The Register shall be maintained by the community development director or designee.
(f) Owners who place their historical resource(s) on the Register are eligible for incentives detailed in
Section 21.04.120. (Ord. 1899 § 2, (2014))
21.04.060 City of Burlingame historic preservation commission.
(a) The members of the city of Burlingame planning commission shall act as the historic preservation
commission, hereinafter referred to as the "commission."
(b) A quorum of the commission shall be defined as four (4) voting members. A majority of the voting
members, exclusive of absences and recusals, on any item shall be required to carry a motion.
(c) Powers and Duties. The commission shall have the following powers and duties:
(1) Adopt procedural rules for the conduct of its business in accordance with the provisions of this
chapter.
(2) Recommend in accordance with the criteria set forth in Section 21.04.040 the designation of historic
resources including historic districts, landmark sites, and landmarks within the city including all information
required for each designation.
(3) Maintain a local register of historic resources consistent with the National Register of Historic Places
criteria including historic districts, landmark sites, and landmarks within the city including all information
required for each designation.
(4) Adopt prescriptive standards to be used by the commission in reviewing applications for permits to
construct, change, alter, modify, remodel, remove, or significantly affect any historic resource.
(5) Make recommendations to the city council on the use of various federal, state, local, or private
funding sources and mechanisms, such as the Mills Act and State Historic Building Code, available to
promote historic resource preservation in the city.
(6) Approve or disapprove, in whole or in part, or approve with conditions, applications for permits
pursuant to Section 21.04.100 (Exterior alteration of designated historic resources).
(7) Review all applications for permits, environmental assessments, environmental impact reports,
environmental impact statements, and other similar documents, as set forth in this title, pertaining to
designated and potential historic resources. The community development department shall forward such
documents to the commission for review as appropriate.
(8) Review and comment on actions and environmental documentation associated with city -sponsored
actions, programs, capital improvements, or activities as they relate to designated and potential historic
resources.
To (I) Coopers to w8h loci, county, state, and federal governments in the pursuit of the objectives of
his?oric resource preservation. 7
(10) Provide opportunity for direct public participation in historic resource preservation responsibilities.
Commission meetings shall be open to the public with published agenda and minutes in accordance with
California law.
(11) Confer recognition upon the owners of landmarks or property or structures within historic districts by
means of certificates, plaques, or markers, and from time to time issue commendations to owners of historic
resources who have rehabilitated their property in an exemplary manner.
(12) Undertake any other action or activity necessary or appropriate to the implementation of its powers
or duties to fulfill the objectives of historic resource preservation as delineated in this chapter. (Ord. 1899 § 2,
(2014))
21.04.080 Historic resource designation procedures.
(a) Historic Resource Designation Procedures.
(1) Property owners of resources identified in the October 6, 2008 Inventory of Historic Resources -
Burlingame Downtown Specific Plan may request placement on the city of Burlingame Historic Resources
Register in the following manner:
(A) Owner(s) of resources included in the city's Inventory may request inclusion in the Register by
submitting a Historical Resource Application, along with an historic resource assessment for the property
prepared by a qualified architectural historian, to the community development department.
(B) Structures which were identified in the Inventory as being potentially eligible for the National Register
of Historic Places are, upon adoption of the ordinance codified in this chapter, considered locally significant
and may be included in the city's Register when included on the National Register of Historic Places, at the
request of the property owner.
(C) Historic Resource Applications shall be made to the community development director or designee,
who shall, within thirty (30) days of receipt of a completed application, prepare and make recommendations
for consideration by the historic preservation commission. The application shall be considered at the next
commission meeting following receipt of the director's recommendations for which appropriate notice may
be given, or at such later meeting as requested or agreed by the applicant and the director. No fees are
required to process the application.
(D) The commission shall determine at a regular public meeting based on the documentation provided as
to whether the nomination application is appropriate for and shall determine whether to approve the
application in whole or in part. Failure to pass a motion approving the application in whole or in part shall
constitute a denial of the application.
(E) The city council may also initiate such proceedings on their own motion for resources on public
property.
(2) Owners of property not identified in the Inventory, upon demonstrating achievement of criteria in
subsection Q) and two (2) other criteria listed in Section 21.04.040, may submit a Historical Resource
Application requesting inclusion in the Register.
(b) Deletion from Burlingame Historic Resources Register. The procedure for deletion of a designated
historic resource from the Burlingame Register shall be as follows:
(1) The owner(s) of a designated historic resource may request deletion of the listed resource from the
Burlingame Register.
Tools _Req neksst—to Sdelete
designated historic resource from the Register shall be submitted in writing to
the community deve opment dir ctor who shall remove the property from the Register, unless the request to
remove the property from the Register must be referred to the commission under subsection (b)(4). The
community development director shall report the removal of resources from the Register to the commission,
as deemed necessary by the director.
(3) The community development director shall periodically propose and process for deletion from the
Burlingame Register those designated historic resources which have been lawfully removed, demolished or
disturbed to such an extent that, in the community development director's opinion, they no longer qualify for
placement on the Register.
(4) Requests to delete a designated historic resource that has benefited from any of the incentives
identified in Section 21.04.120 shall be forwarded to the commission for review and action, and may be
subject to penalties deemed appropriate by the commission based on the significance of the resource at the
time of the proposed deletion. The commission shall have the discretion to grant, grant with conditions, or
deny the request for removal for such properties. (Ord. 1899 § 2, (2014))
21.04.100 Exterior alteration of designated historic resources.
(a) Review Process. All applications for a building permit for exterior alteration to any designated historic
resource shall be reviewed as follows:
(1) The community development director shall review and approve minor exterior alterations that do not
materially alter the historic, character -defining elements of the structure. Minor exterior alterations are those
that are not subject to discretionary review under Title 25 of the Burlingame Municipal Code (Zoning
Ordinance).
(2) The commission shall review and determine whether to approve applications involving modifications
to any designated historic resource that require discretionary review under Title 25 of the Burlingame
Municipal Code (Zoning Ordinance).
(3) Application Process. Requests to conduct exterior alterations to a structure included on the Register
shall be subject to the appropriate entitlement application required under Title 25 of the Burlingame
Municipal Code (Zoning Ordinance).
(4) Standards of Review. In evaluating applications, the review body shall consider the project design's
consistency with the Secretary of Interior Standards for Rehabilitation including, but not limited to:
architectural style, design, arrangement, texture, materials and color, and any other pertinent factors. The
prime concern should be the exterior appearance of the building site. The proposed alterations should not
adversely affect the historic, character -defining features or the aesthetic value of the building and its site.
(5) Appeals. Any action by the director maybe appealed to the commission. Any action by the
commission may be appealed by any interested party to the city council. Appeal procedures shall follow
those detailed in Title 25 of the Burlingame Municipal Code (Zoning Ordinance). (Ord. 1899 § 2,(2014))
21.04.120 Preservation incentives.
(a) The commission is authorized to develop and implement preservation incentive programs that are
consistent with this chapter. Incentives shall be made available for properties listed on the Register that
undergo maintenance or alteration consistent with the Secretary of the interior Standards for Rehabilitation.
(1) State Historic Building Code. The building official is authorized to use and shall use the California
State Historic Building Code (SHBC) for projects involving designated historic resources. The SHBC provides
alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures
designated a�Chistorj, rest'-ces.The SHBC shall be used for any designated historic resource in the city's
bouuNing perm' i proc�e-ldure.
(2) Fee Reduction. Any permit fees for minor or major exterior modifications to historic resources done
in accordance with the Secretary of the Interior Standards for Rehabilitation shall be reduced by twenty-five
(25) percent provided that the work is consistent with the historic criteria under which the property was
designated an historic resource.
(3) Development Standard Flexibility.
(A) Parking Standards.
(i) Additional floor area may be added to existing single-family residences that are nonconforming due
to substandard parking without providing parking according to current standards, provided that the
aggregate of all additional floor area constructed following the date of designation of the structure as a
historic resource does not exceed fifty (50) percent of the floor area existing as of the date of designation as
a resource. For multiple -family developed properties, adding units in accordance with existing zoning
standards shall not require the property owner to bring existing nonconforming parking into compliance
with current parking requirements, though code -required parking shall be provided for any new units
created.
(ii) Designated historic commercial structures may add up to an aggregate of fifteen (15) percent of the
existing floor area as of the date of designation of the property as a historic resource, not to exceed five
hundred (500) square feet, without providing additional parking and without bringing any existing
nonconformity into compliance with the current zoning regulations, subject to review and approval by the
commission. The addition must be removed or otherwise approved under governing procedures if the
historic building is demolished.
(B) Historic Variances.
(i) Owners of designated properties may apply for variances from development standards applicable to
the property in instances where the deviation from the standard is warranted in order to preserve the
historic character of the property. The property's status as a designated historic resource may be used as a
basis for determining whether the property owner is denied privileges enjoyed by other property owners in
the vicinity and within the same zoning district. The procedure for requesting approval of an historic variance
shall be the same as that required for other forms of variances, as specified in Title 25 of the Burlingame
Municipal Code (Zoning Ordinance).
(4) Adaptive Reuse. Owners of designated properties may apply for a conditional use permit for any use
that is not ordinarily permitted, or conditionally permitted, within the zoning district in which the designated
resource is situated, pursuant to the purpose, findings and conditions expressed in Chapter 25.52
Conditional Use Permits of Title 25 of the Burlingame Municipal Code (Zoning Ordinance), and the following
additional findings:
(A) Use of the property for a purpose other than that for which it was originally designed, and in a
manner that would not normally be permitted within the zoning district in which the resource is situated, is
necessary in order to enhance the economic viability of retaining the resource and its notable characteristics
in a manner that ensures the continued maintenance of the resource; and
(B) Any alterations to the resource that are necessary to accommodate the adaptive re -use of the
resource shall be designed and completed in a manner consistent with the Secretary of Interior Standards
for Rehabilitation, and shall be subject to any discretionary approvals required pursuant to Title 25 of the
Burlingame Municipal Code (Zoning Ordinance).
(5) Mills Act Contracts.
To (A) Milli Act
_ont�cts jantir property tax relief shall be made available by the city of Burlingame only
to owners o properties listed in rhe Burlingame Historic Resources Register, as well as properties located
within the city of Burlingame that are listed in the National Register of Historic Places and/or the California
Register of Historical Places. Properties that have been previously listed on the above -mentioned register(s),
but that have been removed from the register(s) and are no longer listed, shall not be eligible for a Mills Act
contract with the city.
(B) Mills Act contracts shall be made available pursuant to California law. The community development
department shall make available appropriate Mills Act application materials. The Mills Act application may be
processed concurrently with the historic resource application.
(C) Mills Act contract applications shall be made to the community development director or designee,
who shall within thirty (30) days of receipt of a completed application, prepare and make recommendations
on the contents of the contract for consideration by the city council. A fee for the application will be required
consistent the city's adopted fee schedule, to cover all or portions of the costs of the preparation of the
contract or an amount set by city council resolution may be charged.
(D) The city council shall, in public hearing, resolve to approve, approve with conditions, or deny the
proposed contract. Failure to pass a motion approving the application shall be deemed a denial. Should the
city council fail to act on the proposed contract within one year of its receipt of the proposal, the proposal
shall be deemed denied.
(E) A Mills Act contract application that has failed to be approved by the city council cannot be
resubmitted for one year from the date of city council action, or where the council fails to take action, within
one year from the date that the application is deemed denied pursuant to this subsection (4).
(6) Preservation Easements. Preservation easements on the facades of buildings designated as an
historic resource may be acquired by the city or nonprofit group through purchase, donation, or
documentation pursuant to California Civil Code Section 815.
(7) Official Recognition/Awards. The commission, on an annual basis, may recognize those projects
involving designated historic resources that have demonstrated a high level of commitment to maintaining
or restoring the historic integrity of the resource. The community development department may nominate all
projects implemented within a calendar year for award consideration by the commission. (Ord. 1899 § 2,
(2014); Ord. 1937 § 2, (2017))
21.04.140 Duty to keep in good repair.
(a) The owner, occupant, and any person in actual charge of a designated historic resource or an
improvement, building, or structure subject to the provisions of this chapter are jointly and severally
obligated to keep in good repair all of the exterior portions of such improvement, building, or structure, all of
the interior portions thereof when specified in the action declaring the property a historic resource, and all
interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior
architectural feature.
(b) Maintenance and repair of designated properties shall be in accordance with the Secretary of the
Interior Standards for Rehabilitation.
(c) The community development director shall have the authority to enforce this section, concurrently
with the code compliance function of the city, as delineated in Title 1 of this code.
(d) Ordinary Maintenance and Repair. Nothing in this section shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature in or on any property covered by this section that
does not involve a change in design, material, or external appearance thereof, nor does this chapter prevent
the construction, reconstruction, alteration, restoration, demolition, or removal of any such architectural
feature when the co muniy development director certifies to the commission that such action is required
TortTool - L'Inks -
she pubic safety ue to an unsafe or dangerous condition which cannot be rectified through the use of
the California State Historic Building Code and when such architectural feature can be replaced.
(e) Emergency Demolition. Designated historic resources that have been severely damaged as a result of
an earthquake, fire or other disaster, and which require immediate demolition because the building presents
an imminent threat to public safety, shall be exempt from the provisions of this title. A determination to
demolish an existing building on such grounds shall be made by the commission acting on the advice and
recommendation of the building official. In the absence of a quorum of the commission, or if exigent
circumstances exist such that public safety requires immediate action, such a determination may be made by
the building official in consultation with the community development director.
(f) Enforcement and Penalties.
(1) Any person who violates a requirement of this section or fails to comply with a condition of approval
of any certificate or permit issued under this section shall be subject to the penalties and enforcement
provisions of Title 1 of this code.
(2) Any person who constructs, alters, removes, or demolishes a designated historic resource in violation
of this section shall be required to restore the building, object, site, or structure to its appearance or setting
prior to the violation. Any action to enforce this provision may be brought by the city of Burlingame or any
other interested party. This civil remedy shall be in addition to, and not in lieu of, any other remedy provided
by law. (Ord. 1899 § 2,(2014))
11a
BURLINGAME Memorandum
To: City Council
Date: November 2, 2020
From: Mayor Emily Beach
Subject: Committee Report
• Top constituent issues during this period: Burlingame United Against Hate Planning
Committee and recruitment, Golf Center Concert Series volume/curfew issues, City-wide
Bike/Ped/traffic calming safety (Lyon Hoag, California Drive, Trousdale, Broadway) and
Vision Zero, elections, COVID testing, minimum wage transition, Boy Scouts & Girl Scouts
presentations.
• Hosted 15th virtual constituent Q&A session during COVID-19
San Mateo County Transportation Authority Meeting Highlights (SMCTA), 10/1
• Received updates on US 101/SSF Produce Avenue Interchange Project and County -wide Paratransit
Program
Allocated $13.4m for Caltrain's operations and capital program
Allocated $3.2m for the County's Paratransit Program for qualified disabled residents
SMC US 101 Express Lane JPA Board Meeting Highlights, 10/16
Receive a detailed presentation overview of policy issues related to the JPA's future Toll
Ordinance. Included variables and considerations our Board must consider when setting
toll policies: e.g. min/tax tolls, caps, discounts, and equity program. Robust discussion,
and JPA Board decided to schedule a study session in early 2021 prior to policy decisions.
Very interesting policy work ahead.
Southern Express Lane (Santa Clara county line to Whipple) will open fall 2021; Northern
Express Lane (Whipple to 380) will open fall 2022.
Caltrain / CalMod (Caltrain Local Policy Makers Group) Highlights, 10/22
Caltrain's 1/8 sales tax this November is called Measure RR. If passed, it will provide an
ongoing source of reliable funding for Caltrain operations and infrastructure. Encourage
everyone to learn more about this.
Beach Committee Report
November 2, 2020
• CARES Act funds will be exhausted in December 2020; Caltrain desperately needs funding
sources: Federal COVID relief package (HEREOS or other) and ongoing, dedicated stable
funding.
Received overview of equity study community outreach: 150 written comments, 2,500
website hits; great feedback will be incorporated in plan.
• LPMG presentation highlights included Caltrain Business Plan Service Planning under
pandemic and many unknowns. Pre -pandemic, 65,000 daily riders; currently 3,500 riders
per day
Burlingame United Against Hate Week: 11/30-12/6, Planning Committee
• Thanks to City Librarian Brad McCully and his equity team for convening and leading our
planning committee. The team includes elementary and high school representatives
(public and private), community activists, parents, and P&R staff. The committee also
seems interested in keeping in touch beyond UAH week to continue the dialogue and
effort into 2021.
• Preliminary vision for our Burlingame United Against Hate week includes:
Adults & high school students: Kickoff for the Pulitzer Prize winning NY Times
Magazine article/podcast "The 1619 Project" virtual facilitated discussion -- which will
also continue beyond UAH week
Tweens: movie & virtual discussion
Young kids: virtual story time
All/TBD: community art component
League of California Cities Update
This was a particularly active month for me with the League. Meetings included two Peninsula
Division forums on Propositions 15 & 16, and a State-wide Board Meeting on 10/6. Among other
businesses, our State Board of Directors (after significant lively debate and multiple motions and
votes) did not get 2/3 majority vote to take a position on Prop 15, 16, or 19 —therefore "No
Position" is the League's official stance on these ballot measures.
The League's (virtual) Annual Conference took place 10/7-10/9, which included some excellent
forums, training events, and an extensive General Resolution Committee meeting and vote of the
General Assembly membership. Our General Assembly voted 122-85-11 to approve a Resolution
calling for Congress to amend Section 230 of the Communications Decency Act of 1996 to require
social media companies to remove materials which promote criminal activities. However, since
our quorum requirement was not met (we needed 239 credentialed delegates, and only 218
were present) this resolution returns to the League Board as advisory only, rather than League
policy.
During this period, I officially became President of the League of California Cities Peninsula
Division 2020-21. One of my first duties was to appoint members from our 36-member cities to
2
Beach Committee Report
November 2, 2020
represent our Peninsula Division on the League's seven 2021 State Policy Committees. Thank
you, Councilmember Brownrigg, for serving another year on the Revenue and Taxation Policy
Committee in 2021.
Silicon Valley Leadership Group Virtual DC Advocacy Trip, 9/22 — advocated for 1) Local
Government COVID Recovery funding, 2) Caltrain funding — both infrastructure and operations,
and 3) expansion of The Advanced Technology Vehicles Manufacturing (ATVM) Loan Program.
This program helps develop fuel -efficient, advanced technology, green vehicles. Advocated for
this loan program to include medium and heavy-duty vehicles, like Proterra electric buses.
Burlingame Collaborative Update
Volunteer subcommittee work underway. I've done my best to summarize prior Collaborative
activity in prior committee reports. Colleagues may wish to reference my committee reports
dated 7/6 (this one also includes the vision document, and initial meeting agenda), 8/17, and
9/21 as a refresher. Recall this amazing group of citizens came together to improve
communications, exchange information, strengthen community connections and relationships,
and support one another through the COVID-19 pandemic. Three one -hour meetings took place
on 6/17, 7/15, 8/19. Although I convened the group, it is not an official city -sponsored or staffed
committee — it is volunteer -driven. Community volunteers have run with initiatives conceived
and prioritized together during breakout groups and via pre -meeting surveys. Members of our
steering committee look forward to sharing and celebrating their successes during a presentation
to City Council 12/7. Meanwhile, volunteer subcommittee work this fall includes:
• COVID-19 Community Resource Guide: Completed. See 9/17 committee report which
includes the PDF.
• Fundraising for small businesses financial assistance: volunteer subcommittee is working
with business leaders (Chamber CEO, DBID President, BID President) and stakeholders to
understand what is the best way community -wide fundraising (via Go -Fund Me or similar
platform) could help local businesses. Considered augmenting existing programs (like the
City's PPE grants) and brainstormed new opportunities. Narrowed down alternatives and
business leaders are developing consensus. Current thinking is for the fundraising effort
to augment a "shop -local" community marketing campaign in time for the holidays.
• Fundraising for residents impacted by COVID-19: volunteers will most likely launch
fundraising effort to augment City Council's financial assistance program with Samaritan
House for Burlingame residents who need rental/general financial assistance due to
COVID-19 hardship (as of September, $32k of our $100k remains.) Will focus on this
effort after holidays.
• Neighborhood Helping Hand/Pen-Pal Program: Volunteer subcommittee formed and
planning underway, led by Sylvia Chu (The Trousdale) and Sarah Simson (BSD PTA Council
President.) Committee includes reps from BNN, faith communities, service clubs, public
and private schools, seniors, and health industry. Explored partnering with Virtual
3
Beach Committee Report
November 2, 2020
Companions (non-profit) program but committee wanted to prioritize connecting
Burlingame residents with one another, rather than County -wide matches. Planning
underway.
Other events/meeting highlights I participated in:
• Meetings & volunteer recruitment for Burlingame Stands United Against Hate week,
11/30-12/6
• Congresswoman Speier's Restaurant Listening Session 9/28
• Provided our City staff with contact information for Northern California Small Business
Development Center Team and Restaurant Program Manager (whom I connected with
during minimum wage outreach) for free business training session Oct/Nov.
• Peninsula Family Service Advancing Anti -Black Racism Forum
• SMCTA Ground -Breaking Ceremony & Remarks @ Half Moon Bay Highway 1
Bike/Ped/Traffic Safety Project
• BNN City -Wide Annual Drill
• San Mateo County Leadership Council, founding Board Meeting (along with CM Goldman)
• The Armenian Solidarity Peace March at Washington Park 10/22
• C/CAG Congestion Management and Environmental Quality Committee Meeting 9/21
• C/CAG Bicycle and Pedestrian Advisory Committee Meeting 10/22
C