HomeMy WebLinkAboutReso - CC - 138-2022
RESOLUTION NO. 138-2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
REPEALING THE BAYFRONT SPECIFIC PLAN AND THE NORTH
BURLINGAME/ROLLINS ROAD SPECIFIC PLAN, RECOGNIZING THAT CERTAIN
PREVIOUSLY-ENTITLED PROJECTS MAY CONTINUE TO PAY FEES ASSOCIATED
WITH THESE PLANS; CEQA REVIEW: ACTION WAS EVALUATED IN THE
GENERAL PLAN ENVIRONMENTAL IMPACT REPORT AND NO FURTHER
ENVIRONMENTAL REVIEW IS REQUIRED
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, on December 6, 2021, the City Council adopted an ordinance providing a
comprehensive update of Title 25 (Zoning) of the Burlingame Municipal Code and an
update of the City of Burlingame Zoning Map; and
WHEREAS, pursuant to Government Code Section 65850, the zoning code and map
were adopted by ordinance, and took effect on January 5, 2022; and
WHEREAS, the Bayfront Specific Plan was first adopted in 2004 (Resolution 26-2004),
with amendments in 2006 (Resolution 58 -2006) and 2012 (Resolution 44-2012); and
WHEREAS, the Bayfront Development Fee was adopted in 2004 (Ordinance 1739), to
provide funding for roadway improvements within the Bayfront Specific Plan area; and
WHEREAS, the North Burlingame/Rollins Road Specific Plan was first adopted in 2004
(Resolution 85-2004), with amendments in 2007 (Resolution 13-2007); and
WHEREAS, the North Burlingame/Rollins Road Development Fee was ado pted in 2005
(Ordinance 1751), to provide funding for roadway improvements within the North
Burlingame/Rollins Road Specific Plan area; and
WHEREAS, The General Plan and Zoning Code are intended to supersede the
Bayfront Specific Plan and the North Burlingame/Rollins Road Specific Plan, and
adoption of the General Plan and Zoning Code have made these specific plans
obsolete and vertically inconsistent with the General Plan ; and
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WHEREAS, the Bayfront Specific Plan area is now regulated by the Bayfront
Commercial and Innovation Industrial land use districts in the General Plan; and the
Bayfront Commercial (BFC) and Innovation/Industrial (I-I) zoning districts in the Zoning
Code; and
WHEREAS, the North Burlingame/Rollins Road Specific Plan area is now regula ted by
the North Burlingame Mixed Use, Live/Work, and Innovation Industrial land use districts
in the General Plan; and the North Burlingame Mixed Use (NBMU), Rollins Road Mixed
Use (RRMU), and Innovation/Industrial (I-I) zoning districts in the Zoning Code; and
WHEREAS, the Bayfront Development Fee and the North Burlingame/Rollins Road
Development Fee were adopted in 2004 and 2005 respectively to provide funding for
roadway improvements within the respective specific plan areas; and
WHEREAS, the City subsequently adopted citywide Public Facilities Impact Fees in
2008 to address impacts to General Facilities and Equipment, Libraries, Police, Parks
and Recreation, Streets and Traffic, Fire, and Storm Drainage; and
WHEREAS, for new development projects within the Bayfront Specific Plan and the
North Burlingame/Rollins Road Specific Plan areas, the specific plan development fees
have been assessed together with all of the Public Facilities Impact Fees, with the
exception of the Public Facilities Streets and Traffic Fee; and
WHEREAS, the City intends to repeal the entirety of both specific plans but allow
certain developers with already-entitled projects that have not yet pulled building
permits (i.e. have not yet paid their required specific plan development fees) to remain
subject to these lower fees instead of having to pay the higher, citywide Public Facilities
Streets and Traffic impact fees when they pull building permits; and
WHEREAS, such already-entitled projects consist of Topgolf (250 Anza Boulevard),
567 Airport Boulevard, 1 Adrian Court, 30 Ingold Road, 1870 El Camino Real, 1868
Ogden Drive, and 1814-1820 Ogden Drive; and
WHEREAS, the specific plan development fees remaining in the accounts (and/or that
will be paid by entitled projects) will continue to be used for the purposes identified in
the specific plans, with the Bayfront Development Fees designated for the “Bayshore
Highway Median Reconstruction” project and the North Burlingame/Rollins Road
Development Fees designated for the “Rollins Ro ad Gateway” and “Rollins Road
Streetscape” projects; and
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WHEREAS, the City intends to apply the citywide public facilities fees to all other
development projects within the former specific plan areas; and
WHEREAS, the City will continue to track and account for fee proceeds collected
through the Bayfront Development Fee and the North Burlingame/Rollins Road
Development Fee to ensure that they are used to fund the public improvements within
the respective planning areas for which they were originally collected; and
WHEREAS, by allowing previously-entitled projects to pay the fees applicable at the
time the projects were approved, the repeal of the Bayfront Development Fee and the
North Burlingame/Rollins Road Development Fee will not impact the economic viability
of those projects and will still allow for those projects to contribute to the improvements
necessitated by their development, which serves the public interest; and
WHEREAS, Title 25, Chapter 25.80 (Specific Plans) does not require findings to repeal
a specific plan, but the City Council nonetheless finds that repeal of the Bayfront
Specific Plan, the North Burlingame/Rollins Road Specific Plan, the Bayfront
Development Fee, and the North Burlingame/Rollins Road Development Fee will not be
detrimental to the health, safety, and welfare of the City, and will ensure vertical
consistency between the new General Plan and Zoning Code, and therefore the
repeals will be in the public interest; and
WHEREAS, the repeal of the Bayfront Specific Plan, th e North Burlingame/Rollins
Road Specific Plan, the Bayfront Development Fee, and the North Burlingame/Rollins
Road Development Fee were presented to the Planning Commission of the City of
Burlingame on October 11, 2022, at which time the commission reviewe d and
considered the staff report and all other written materials and testimony presented at
said hearing; and
WHEREAS, pursuant to Section 15091 of the State CEQA Guidelines, any subsequent
actions or approvals to implement the proposed Update to the Bur lingame 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 General Plan EIR; and
WHEREAS, following a duly noticed public hearing on October 11, 2022, the Plann ing
Commission recommended that the City Council find that repeal of the Bayfront
Specific Plan and the North Burlingame/Rollins Road Specific Plan, and repeal of the
Bayfront Development Fee and the North Burlingame/Rollins Road Development Fee,
were actions adequately evaluated pursuant to CEQA in the General Plan EIR since the
repeal of the specific plans and fees do not alter the mix of land uses or policies
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evaluated in the General Plan EIR, and that no further environmental analysis is
required by CEQA; and
WHEREAS, at the same October 11, 2022 meeting, the Planning Commission
recommended to the City Council that it adopt a Resolution Repealing the Bayfront
Specific Plan and the North Burlingame/Rollins Road Specific Plan and recognizing that
certain previously-entitled projects may continue to pay fees associated with these
Plans.
NOW, THEREFORE, BASED ON THE STAFF REPORT, AND THE WRITTEN AND
ORAL TESTIMONY AT THE HEARING, THE CITY COUNCIL OF THE CITY OF
BURLINGAME RESOLVES AND ORDERS AS FOLLOWS:
1. The above recitals are true and correct and are material to this Resolution and
are incorporated into this Resolution as findings of the City Council.
2. The City Council hereby finds that Projects consistent with development density
established by existing zoning and General Plan policies for which an EIR was certified
do not require further environmental review under CEQA Guidelines section 15183.
Repeal of the Bayfront Specific Plan and the North Burlingame/Rollins Road Specific
Plan, and repeal of the Bayfront Development Fee and the North Burlingame/Rollins
Road Development Fee, were actions adequately evaluated pursuant to CEQA in the
General Plan EIR since the repeal of the specific plans and fees do not alter the density
or mix of land uses or policies evaluated in the General Plan EIR, and therefore no
further environmental analysis is required pursuant to CEQA Guidelines section 15183.
Moreover, it can be seen with certainty that repeal of these plans and fees will have no
possibility to have a significant effect on the environment pursuant to CEQA Guidelines
section 15061(b)(3).
3. The City Council of the City of Burlingame hereby repeals the Bayfront Specific
Plan, as well as repeals Resolutions 26-2004, 58-2006, and 44-2012; and repeals the
North Burlingame/Rollins Road Specific Plan, as well as repeals Resolutions 85-2004
and 13-2007, recognizing that certain previously-entitled projects may continue to pay
fees associated with these Plans.
Ricardo Ortiz, 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 held on the 21st day
of November, 2022, and was adopted thereafter by the following vote:
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AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, O’BRIEN KEIGHRAN, ORTIZ
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
ABSTAIN: Councilmembers: NONE
Meaghan Hassel-Shearer, City Clerk
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