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BURLINGAME CITY COUNCIL
Approved Minutes
Regular Meeting on November 2, 2020
1. CALL TO ORDER
A duly noticed meeting of the Burlingame City Council was held on the above date online at 7:01 p.m.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
The pledge of allegiance was led by Assistant City Attorney Spansail and City Librarian McCulley.
3. ROLL CALL
MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz
MEMBERS ABSENT: None
4. REPORT OUT FROM CLOSED SESSION
a. PUBLIC EMPLOYMENT (GOVERNMENT CODE SECTION 54957)
TITLE: CITY ATTORNEY (RECRUITMENT)
Mayor Beach reported that the Council took no action and have nothing to report.
5. UPCOMING EVENTS
Mayor Beach reviewed the upcoming events taking place in the city.
6. PRESENTATIONS
a. PRESENTATION OF THE VETERANS DAY CERTIFICATES
Mayor Beach explained that four years ago, the City began celebrating Veterans Day by honoring
Burlingame veterans at a Council meeting.
Mayor Beach recognized the following veterans:
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• Specialist-5 James E. Shypertt, who served in the U.S. Army from 1957 to 1958 and was a member
of the 498th Engineer Battalion in Germany.
• Sergeant Charles Voltz, who served in the U.S. Army from 1955 to 1957 and was stationed in Japan
for 18 months.
• Staff Sergeant Dale Perkins, who served in the U.S. Army in 1953 and was a member of the 61h
Infantry Division at Fort Ord.
• I't Lieutenant William Sexton, who served in the U.S. Army from 1968 to 1970 and was stationed at
Fort Lee, Virginia, Fort Carson, Colorado, and the Demilitarized Zone ("DMZ") in the Republic of
Korea.
• Charles L. Kavanagh, who served in the U.S. Air Force from 1964 to 1968 and was a radio operator
in Turkey during the Cold War.
• Raymond J. Tyler, who served in the U.S. Navy from 1958 to 1962. He graduated from the Naval
Photography School and served on the U.S.S. Franklin D. Roosevelt.
• James J. Pettee Jr., who served in the U.S. Navy from 1951 to 1955 and was in the Korean War.
• Colonel Alden Cunningham, who served in the U.S. Army from 1963 to 1990. He graduated from
the U.S. Military Academy at West Point and did tours in Germany, Vietnam, Korea, Mexico, and
Nicaragua.
Councilmember Ortiz thanked the veterans for their service to the country.
Mayor Beach opened the item up for public comment.
Connie Quirk stated how proud she was of Ray Tyler's service and thanked all the veterans for their service.
Raymond Tyler thanked the Council for recognizing his years of service.
Alden Cunningham thanked the Council for their recognition and thanked the Council for their great work.
Mayor Beach closed public comment.
Councilmember Brownrigg thanked the veterans for their service. He noted that it always gives him great
pleasure to work with veterans and show them gratitude for their service.
Councilmember Colson thanked the veterans for their service.
Vice Mayor O'Brien Keighran extended her gratitude to the veterans. She noted their dedication to the
community of Burlingame.
b. PROCLAMATION HONORING KATHLEEN KANE'S SERVICE TO THE CITY
Mayor Beach recognized Kathleen Kane for her seven -plus years of service as the City Attorney of
Burlingame. She explained that City Attorney Kane would be leaving the City to take a job as MTC's
General Counsel.
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Mayor Beach presented City Attorney Kane with a proclamation that recognized her accomplished legal
career, her dedication to the City, and her amazing Zoom backgrounds.
Councilmember Colson thanked City Attorney Kane for making her job easier and for her hard work and
friendship.
Councilmember Brownrigg expressed gratitude for City Attorney Kane's innovation and assistance in
several projects to better the City.
Councilmember Ortiz stated that he would miss City Attorney Kane's friendship and asked that they keep in
touch.
Vice Mayor O'Brien Keighran stated that the City was lucky to hire City Attorney Kane and thanked her for
all her hard work and innovation.
Mayor Beach stated that the City couldn't have had the success the Council had without the assistance of the
City Attorney.
Congratulations to City Attorney Kane on her new position; you'll be missed.
City Attorney Kane stated that it had been an honor and pleasure to work with the Council, Department Head
team, and City staff.
c. NOVEMBER 3, 2020 PRESIDENTIAL ELECTION INFORMATION
City Clerk Hassel -Shearer began by thanking the community for showing up to assist the County Elections
Office in staffing all of the Voting Centers. She noted that as of Sunday, November 1, 2020, the County had
received 13,837 ballots from the City of Burlingame. She explained that the City has 19,950 registered
voters, and therefore approximately 70% of the City had already voted.
City Clerk Hassel -Shearer reviewed options for voters on Election Day. She noted that they can either drop
off their ballot at a Voting Center or at an official drop box or vote in person at any of the 45 Voting Centers
in the County.
City Clerk Hassel -Shearer highlighted the arenas and stadiums across the United States that opened up their
facilities for voters this year. She noted that it had the double effect of helping to insure social distancing
and garner excitement.
City Clerk Hassel -Shearer discussed ballot tracking. She noted that this important app from the Secretary of
State's Office allows voters to track their ballot and ensure that it was counted.
City Clerk Hassel -Shearer reviewed how vote -by -mail ballots are processed in San Mateo County. She
noted how thorough the process is to ensure that every vote counts, voter intent is acknowledged, and that
ballots are properly processed.
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City Clerk Hassel -Shearer ended with a message of patience. She noted that it takes a lot of time to process
mail ballots, and with the large number of mail ballots this year, it will take a while to certify results. She
stated that in 2018 during the mid-term election, California had 5.2 million of the 12.1 million ballots left to
process as of the Friday after the election.
City Clerk Hassel -Shearer noted that other states had different start dates for processing ballots. Michigan
and Pennsylvania, for example, don't begin processing until Election Day.
Councilmember Colson asked where voters should go to see local or State results. City Clerk Hassel -Shearer
recommended that the community visit smcvote.org for County results and the Secretary of State's website
for statewide results.
Councilmember Colson noted that her daughter re -registered in Wisconsin but that they had received a
California ballot as well. She asked what she should do with that ballot. City Clerk Hassel -Shearer
recommended surrendering that ballot at a ballot box and notifying the Elections Office of the move.
Mayor Beach opened the item up for public comment. No one spoke.
Mayor Beach thanked the City Clerk for her presentation.
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. Mayor Beach pulled item 8i.
Councilmember Ortiz made a motion to adopt items 8a, 8b, 8c, 8d, 8e, 8f, 8g, and 8h; seconded by
Councilmember Brownrigg. The motion passed unanimously by roll call vote, 5-0.
a. APPROVAL OF CITY COUNCIL MEETING MINUTES FOR OCTOBER 19, 2020
City Clerk Hassel -Shearer requested Council approve of the City Council Meeting Minutes for October 19,
2020.
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
CDD Gardiner requested Council adopt Ordinance Number 1985.
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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
CDD Gardiner requested Council adopt Ordinance Number 1986.
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
CDD Gardiner requested Council adopt Ordinance Number 1987, Resolution Number 134-2020; and
Resolution Number 135-2020.
e. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY'S PARTICIPATION IN
UNITED AGAINST HATE WEEK
City Manager Goldman requested Council adopt Resolution Number 136-2020.
f. ADOPTION OF A RESOLUTION ACCEPTING THE 1740 ROLLINS ROAD AND 842
COWAN ROAD PUMP STATIONS FLAP GATES REPLACEMENT PROJECT BY
VALENTINE CORPORATION, CITY PROJECT NUMBER 85830
DPW Murtuza requested Council adopt Resolution Number 137-2020.
g. ADOPTION OF A RESOLUTION ACCEPTING THE EASTON DRIVE DRAINAGE
IMPROVEMENTS PROJECT BY EPS, INC. DBA EXPRESS PLUMBING, CITY PROJECT
NO.85610
DPW Murtuza requested Council adopt Resolution Number 138-2020.
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
Finance Director Augustine requested Council adopt Resolution Number 139-2020.
i. APPOINTMENT OF SCOTT SPANSAIL AS INTERIM CITY ATTORNEY
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Mayor Beach introduced Scott Spansail to the community. She explained that he had been serving as the
Assistant City Attorney since December 2019. She thanked him for taking on this interim position.
Assistant City Attorney Spansail thanked the Mayor and stated how lucky he had been to work with City
Attorney Kane.
Mayor Beach opened the item up for public comment. No one spoke.
Vice Mayor O'Brien Keighran made a motion to approve the appointment of Scott Spansail as Interim City
Attorney; seconded by Councilmember Colson. The motion passed unanimously by roll call vote, 5-0.
9. PUBLIC HEARING
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
CDD Gardiner began by acknowledging the individuals that worked on this project: City Attorney Kane,
Assistant City Attorney Spansail, City Manager Goldman, CDD Gardiner, Good City Company Principal
Aaron Aknin, and Good City Company Senior Planner Kelly Beggs.
Mr. Aknin stated that the purpose of the public hearing was to introduce the Short -Term Rental Ordinance
that adds Chapter 6.56 to Title 6 of the Municipal Code and amends Chapter 4.09 Uniform Transient
Occupancy Tax. He explained that in December 2019, the Council provided high level policy direction on
short-term rentals, and in July 2020, the Council provided specific policy direction. He reviewed Council's
policy direction:
• Primary residency requirement
• Local contact
• Concurrent listing limitations
• Un-hosted rental limitation
• TOT collection
Mr. Aknin noted that the Council also discussed occupancy limitations and night minimums. However, he
explained that short-term rental platforms object to these requirements, and they are also hard to enforce. He
added that several people avail themselves of short-term rentals in Burlingame when they are on business
trips. Therefore, unlike weekend getaways to Napa, the stays in Burlingame are usually one to two nights.
Mr. Aknin reviewed the City's Airbnb statistics:
• 190 active short-term rental listings
• 9,200 Airbnb rental nights in Burlingame
• 18,000 Burlingame residents have used Airbnb as renters
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He also noted that Airbnb indicated support for the City's proposed ordinance, and staff is working on
securing a collection agreement.
Mr. Aknin discussed the proposed policy framework that was presented to the Council in July 2020:
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 and registration so the City can track and enforce these requirements as
needed and ensure an appropriate collection of TOT.
Mr. Aknin reviewed key definitions in relation to the proposed short-term rental ordinance:
• 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 who lives in the home a majority of the year and
can provide evidence
Ms. Beggs stated that a key guiding principal of the short-term rental ordinance is to allow short-term rentals
while preventing housing stock loss. She noted that staff and the consultants developed two ways to
safeguard this principal:
1. Primary Residence Requirement — to ensure primary residency, the short-term rental application has
to include proof of primary residence. This restriction is in place to prevent people from buying
houses, condos or apartments to be used exclusively for short-term rental.
2. Limit of 120 "Un-hosted" Rental Days Per Year — this limits the number of nights that hosts can rent
their homes without their presence. This restriction prevents individuals from using their homes
exclusively for short-term rental.
Ms. Beggs discussed regulations that were incorporated into the short-term rental ordinance to protect
neighborhood character including:
• Prohibition on special events — such as weddings and parties
• Concurrent listing limitation — prevents a short-term rental from having more than one rental in the
same residence on the same day
• Noise ordinance applicable
• Onsite parking requirement to be available to renters
• 24/7 local contact person requirement for un-hosted rentals
• Recycling/refuse requirements
Ms. Beggs reviewed the registration process for hosts to undertake short-term rentals in Burlingame:
• Hosts must register their primary residence as a short-term rental with the City prior to advertising or
making the primary residence available for renting
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• TOT regulations (Chapter 4.09) revised to explicitly include short-term rentals
• Business license required
She noted that there would be an application fee, in addition to the business license fee, and that the
application fee would be annual.
Ms. Beggs reviewed TOT for short-term rentals under the proposed ordinance:
• Transient Occupancy Tax is required for short-term rentals and must be paid to the City
• City may also enter into collection agreements with Hosting Platforms such as Airbnb.
Ms. Beggs reviewed program administration options. She explained that after the ordinance is adopted, staff
will consider a variety of options on how to administer the program including:
• Collection agreements with hosting platforms
• Consulting firm for outreach, registration, and renewal
• Consulting firm for TOT collection
Councilmember Colson asked what would happen if one of the rental sites has no parking associated with it.
Mr. Aknin stated that in that case, the host would be allowed to move forward, but the City would direct the
host to have the renter park within a certain area.
Councilmember Brownrigg thanked Good City Company for the presentation. He asked how this ordinance
captures, or if it is intended to capture, when someone puts up a listing on a community board or through
HIP Housing. He noted that he hoped these situations were not included as he didn't want to see those
working with HIP Housing required to pay TOT. Ms. Beggs stated that provided that it is longer than a 30-
day rental, it wouldn't fall under the umbrella of short-term rental.
Councilmember Ortiz asked about the number of days other cities allow un-hosted rentals. Additionally, he
asked how the other cities enforce the limit and whether it is enforceable. Mr. Aknin stated that 120 is the
most common number of days that cities allow un-hosted rentals. He noted that San Francisco, through a
court agreement, settled on 90 to 95 days. He added that there are third -party companies that will work with
the City to enforce the limitation.
Vice Mayor O'Brien Keighran stated that under the ordinance the homeowner or long-term renter has to
prove that they live in the dwelling for a majority of the year. She asked whether a long-term renter would
get to decide to rent the home, or if it would be the homeowner. Mr. Aknin stated that the long-term renter
would have to work with the property owner if they wanted to rent out their residence while they were out of
town. City Attorney Kane stated that the question would be whether the City has to review private leases
when a host application is submitted or whether the City would leave that up to the private parties. She
noted that most leases would prohibit this behavior.
Vice Mayor O'Brien Keighran voiced concern that tenants would do this without permission from the owner.
Ms. Beggs stated that the proposed application requires proof of ownership of the unit/home or proof of the
property owner's consent.
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Mayor Beach stated that on page 2 of the proposed ordinance, there is a definition of what constitutes an
adjacent property. She noted that she wants to make sure the City protects the residential quality of the
City's neighborhoods. She asked if the Council felt comfortable with the definition, which is "dwelling units
located next to and immediately across the street from the dwelling unit in which the short-term rental is
located." Ms. Beggs stated that the definition can be refined if need be to ensure that it includes residents of
apartment complexes.
City Attorney Kane stated that after reviewing the proposed ordinance, staff concluded that it is adequate to
cover the Mayor's concern, but if the Council wants to make other changes, it is an opportunity to refine that
definition.
Mayor Beach asked the City Clerk to read the title of the proposed ordinance. City Clerk Hassel -Shearer
read the title.
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.
Gemma Roche voiced concerns about putting restrictions on short-term rental hosts when community
members need additional income as a result of COVID-19. (comment submitted via
publiccomment(d),burlin-ag me.org).
San Mateo County/Silicon Valley Convention and Visitors Bureau President John Hutar stated their
endorsement of the ordinance and thanked the Council for requiring TOT on short-term rentals. (comment
submitted via publiccomment(&burlin ag me.org).
Melanie Wang stated that short-term rentals are often used to house citizen's family members that visit them
from out of town. She stressed her support for short-term rentals. (comment submitted via
publiccomment(&,burlingame. org).
Mayor Beach closed the public hearing.
Councilmember Brownrigg reviewed several questions he had:
• He stated the proposed ordinance specifically states that short-term rentals are not permitted in
accessory dwelling units ("ADUs"). He asked why ADUs are off limits.
• He stated that under the proposed ordinance, the host would have to pay a registration fee and a
business license fee. He asked if the registration fee is necessary since the City would be collecting
tax on the rentals.
• He asked about the collection of the registration fee every fiscal year. He noted that fiscal year
should be more clearly defined in the ordinance.
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• He stated that he supported having an agent for the un-hosted nights on call 24/7. He voiced concern
about requiring the agent to respond within an hour to a call. He asked what language other cities
have used for un-hosted nights.
City Attorney Kane explained that reserving ADUs for long-term rentals versus short-term rentals is a policy
decision. She stated that State regulations are geared towards utilizing ADUs for long-term rentals in order
to create affordable housing. She added that the Council can review this policy question and determine what
is best for Burlingame.
City Attorney Kane stated that the registration/application fee is a cost recapture tool for the additional staff
time needed to administer the program. She explained that the TOT the City receives from hotels is a
straight tax. Therefore, by using the registration fee to cover administration costs, the TOT on short-term
rentals would act in the same manner as hotel TOT. However, she noted that this is a policy call.
Vice Mayor O'Brien Keighran asked if staff had determined what the registration/application fee would be.
Ms. Beggs stated that the range for the initial application fee would be between $100 and $500, and the
annual renewal would be between $50 and $200.
Finance Director Augustine discussed Councilmember Brownrigg's question regarding fiscal year. She
stated that the City utilizes the July 1-June 30 fiscal year for when fees are due. She explained that business
licenses are renewed every year on July 1.
Councilmember Brownrigg stated that the date of the fiscal year should be spelled out in the ordinance.
Mayor Beach asked about Councilmember Brownrigg's question regarding the 24/7 on -call requirement
during un-hosted nights. Ms. Beggs stated that there is precedence for this requirement in other cities. She
noted that Redwood City and Millbrae have similar requirements.
Councilmember Ortiz asked if he heard correctly that if ADUs were allowed to be short-term rentals, that
even if the owner is in the house, the rental would be deemed un-hosted. He noted that this would limit
ADU short-term rentals to 120 days. Mr. Aknin replied in the affirmative. He explained that because the
ADU is a separate unit with a separate kitchen, it is considered un-hosted.
Councilmember Colson stated that she believed staff created a balanced approach of the needs of the
community versus private property rights. Additionally, she stated that it created a fairness situation in
regards to TOT. She noted that she didn't want people building ADUs to turn them into mini -hotels in the
back of their properties.
Councilmember Colson stated that she wasn't opposed to collecting a registration fee. She explained that it
is common to require an individual to reimburse the City for the staff time.
Councilmember Colson explained that the TOT wouldn't be gouging the hosts of the short-term rentals;
instead, the hosts would be adding this tax to the cost of the rental. She stated that this is how it is done with
hotels.
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Councilmember Ortiz politely disagreed with his colleague, Councilmember Colson. He explained that if
the ADU would be considered un-hosted, therefore limiting it to 120 rental nights, he was okay with it. He
stated that he believed that the Council needed to consider allowing ADUs to be rented out short-term. He
added that the Council could limit which ADUs are allowed to be rented out short-term by stating that the
ADU must have been built before a certain date.
Vice Mayor O'Brien Keighran stated that she was in favor of the registration fee. She explained that it takes
staff time to administer the program, and therefore the cost needed to be recaptured. She added that she liked
the 24/7 requirement for un-hosted nights.
Vice Mayor O'Brien Keighran stated that ADUs were created for long-term housing, and therefore she
would rather keep them available for that purpose.
Mayor Beach asked if under the ordinance, a vacant ADU could become a short-term rental for a maximum
of 120 days. Mr. Aknin replied in the negative. He explained that under the City's proposed ordinance,
ADUs can't be used for short-term rental.
City Attorney Kane stated that the City's ADU ordinance prohibits use of ADUs as short-term rentals. She
explained that the Council could re-evaluate that decision at a future meeting.
Mr. Aknin stated that he believed there was new State legislation that would prevent newly built ADUs from
being used as short-term rentals.
Mayor Beach concurred with Mr. Aknin.
Councilmember Colson reviewed the hypothetical situation of a teacher entering into a long-term rental
agreement who goes on an eight -week summer vacation and wants to rent the unit out to her sister. She
asked if the teacher's lease agreement allowed it, would this be allowed under the proposed ordinance. Mr.
Aknin replied in the affirmative and stated that as long as the sublease was for more than 30 days. He noted
that if the sublease was for under 30 days, it would not be allowed.
Mayor Beach stated that she concurred with Councilmember Colson and believed that staff s approach was
balanced. She explained that she believed the ordinance allowed flexibility, and she liked that staff and the
consultants surveyed what other cities had done. Additionally, she agreed with keeping ADUs for long-term
housing. She noted that she was also in agreement with the registration fees and the 24/7 on -call
requirement.
Councilmember Brownrigg stated that he agreed with Councilmember Ortiz that the Council should
reconsider allowing ADUs to be used for short-term rentals. He explained that he believed there were
probably already homeowners utilizing their ADUs as short-term rentals. He asked if this practice would be
illegal upon adoption of the ordinance, or would this prior use be allowed. City Attorney Kane stated that
staff would review that situation. She discussed potential solutions such as grace/transition periods.
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CDD Gardiner noted that the proposed ordinance gives a one-year amnesty period for short-term rentals
operating on or before the enactment of the ordinance. He noted that this grace period gives those
individuals a year to come into compliance.
Councilmember Ortiz discussed amending the ADU ordinance to allow for 120 days of short-term rental. He
explained that he didn't believe this would reduce the affordable housing stock but would give individuals
flexibility.
Mr. Aknin stated that there are some cities that allow ADUs to be used similarly to Councilmember Ortiz's
option. He noted that enforcement would be tricky if State legislation doesn't allow newly built ADUs to be
used this way.
Councilmember Brownrigg stated that he thought the Council should bring back the proposed ordinance for
adoption. He noted that the Council could make amendments later if needed.
Council agreed.
b. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 25.49 RRMU (NORTH
ROLLINS ROAD MIXED USE) DISTRICT REGULATIONS AND CHAPTER 25.40 NBMU
(NORTH BURLINGAME MIXED USE) DISTRICT REGULATIONS OF THE
BURLINGAME MUNICIPAL CODE
CDD Gardiner stated that the City's amended General Plan was adopted in January of 2019. At that time,
interim ordinances were also adopted for two of the change areas in the General Plan: North Rollins Mixed
Use District and the North Burlingame Mixed Use District. He explained that because these interim zoning
ordinances were adopted utilizing urgency ordinance regulations, they can only be in place for 24 months.
CDD Gardiner explained that the City is the midst of a complete update of the zoning code. He noted that
beginning in January 2021, Council would be reviewing zoning code updates. However, he stated that
because the 24 months is about to elapse on the interim zoning codes adopted in 2019, Council needs to
adopt new zoning regulations for the North Rollins Mixed Use District and the North Burlingame Mixed Use
District now. CDD Gardiner stated that the proposed zoning ordinance is largely a housekeeping action to
replace the interim zoning.
CDD Gardiner stated that the zoning regulations were reviewed by the Airport Land Use Commission
("ALUC") to ensure consistency with the Airport Land Use Compatibility Plan for SFO.
CDD Gardiner explained that the changes proposed are to ensure compliance with the Airport Land Use
Compatibility Plan regarding regulation of assembly uses (theaters, schools, daycare, etc.), hazardous
materials, disclosures, and Federal Aviation Administration. He stated that on September 24, 2020, the
ALUC reviewed the proposed zoning chapters and found them consistent with the applicable airport/land use
policies and criteria contained in the plan.
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CDD Gardiner stated that staff expects further amendments to these chapters when the zoning code is fully
reviewed.
Mayor Beach asked if this was an opportunity for the City to start a dialogue with SFO about what is
reasonable concerning restrictions and land use. CDD Gardiner stated that a lot of the restrictions in the
airport safety zones come from the State level. He noted that he had asked how malleable the restrictions are
and was told that most of the other plans in the State have identical restrictions.
Councilmember Ortiz stated that the ALUC review strictly follows the State regulations.
Councilmember Brownrigg stated he wondered if the North Rollins Road subcommittee was comfortable
with this ordinance.
Councilmember Colson stated that after reviewing the ordinance, her main takeaway concerned the housing
ratios and the community benefits. She discussed how the City's up -zoning dramatically increased the value
of properties in those areas, and therefore she wanted to ensure that the community benefits were weighted to
match those increases.
Vice Mayor O'Brien Keighran stated that she concurred with Councilmember Colson. She added that she
had sat on the ALUC and agreed with Councilmember Ortiz's assertion that the review process is cut and
dry.
Mayor Beach asked the City Clerk to read the title of the ordinance. City Clerk Hassel -Shearer read the title.
Councilmember Ortiz made a motion to waive further reading and introduce the ordinance; seconded by
Councilmember Brownrigg. The motion passed unanimously by roll call vote, 5-0.
Mayor Beach opened the public hearing. No one spoke.
Councilmember Brownrigg urged Council to move forward with this ordinance.
10 STAFF REPORTS
a. ADOPTION OF A RESOLUTION CREATING THE CITY OF BURLINGAME HISTORIC
REGISTER
CDD Gardiner stated that the City Council adopted the Historic Resource Preservation Ordinance in 2014.
He noted that the ordinance provides the rules, standards, and incentives regarding development of historic
properties within the Burlingame Downtown Specific Plan area. He explained that to avail themselves of
these incentives, an eligible property must first apply and be placed in the City of Burlingame Historic
Register.
CDD Gardiner stated that the resolution before the Council would officially create the Register, and would
also clarify certain administrative procedures of the Historic Preservation Commission. He added that the
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Register would be maintained by the Planning Commission because it serves as the Historic Preservation
Commission.
CDD Gardiner stated that the developers of the former Post Office at 220 Park Road wish to avail
themselves of the incentives in the Historic Resource Preservation Ordinance, and therefore the Register
must be created.
Mayor Beach opened the item up for public comment. No one spoke.
Councilmember Colson thanked Sares Regis for their work on the Post Office project.
Councilmember Brownrigg asked if he was correct that putting a project on the Register was optional and
was not a requirement. CDD Gardiner replied in the affirmative.
Vice Mayor O'Brien Keighran asked if the Historic Preservation Commission was the whole Planning
Commission or a subcommittee of Planning Commission members. CDD Gardiner replied that it was the
whole Planning Commission.
Councilmember Colson made a motion to adopt Resolution Number 140-2020; seconded by Councilmember
Brownrigg. The motion passed unanimously by roll call vote, 5-0.
11. COUNCIL COMMITTEE AND ACTIVITIES REPORTS AND ANNOUNCEMENTS
a. MAYOR BEACH'S COMMITTEE REPORT
12. FUTURE AGENDA ITEMS
There were no future agenda items.
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 ag me.org.
14. ADJOURNMENT
Mayor Beach adjourned the meeting at 9:39 p.m.
Respectfully submitted,
/s/
Meaghan Hassel -Shearer
City Clerk
14
Burlingame City Council November 2, 2020
Approved Minutes