HomeMy WebLinkAboutOrd 2012
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ORDINANCE NO. 2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
REPEALING THE BAYFRONT DEVELOPMENT FEE AND THE NORTH
BURLINGAME/ROLLINS ROAD DEVELOPMENT FEE (CEQA
DETERMINATION: 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 adopted 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 regulated
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 R oad
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 Road Gateway” and “Rollins Road
Streetscape” projects; and
WHEREAS, the City intends to apply the citywide public facilities fees to all o ther
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
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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 the 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, the 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 reviewed 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 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 General Plant EIR; and
WHEREAS, following a duly noticed public hearing on October 11, 2022, the
Planning Commission further 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 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) A Resolution of City Council 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; and (B) an Ordinance of the City Council of the City of Burlingame
repealing the Bayfront Development Fee and the North Burlingame/Rollins Road
Development Fee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
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DOES ORDAIN AS FOLLOWS:
Section 1. The recitals set forth above are true and correct, and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council hereby finds that the proposed Ordinance is in the
public interest.
Section 3. 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 e valuated 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).
Section 4. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion
or sections of the Ordinance. The City Council of the City of Burlingame hereby 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 unconstitutional.
Section 5. The Bayfront Development Fee and the North Burlingame/Rollins Road
Development Fee are hereby repealed, as are Ordinance 1739 and Ordinance 1751.
Certain developers with already-entitled projects that have not yet pulled building permits
(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) remain subject
to the applicable Bayfront Development Fee or the North Burlingame/Rollins Road
Development Fee instead of the citywide Public Facilities Streets and Traffic impact fees
when they pull building permits. 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 Road Gateway”
and “Rollins Road Streetscape” projects. 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
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Section 6. With the adoption of this Ordinance, the City intends to apply the
citywide public facilities fees to all other development projects within the former specific
plan areas.
Section 7. This Ordinance shall go into effect 30 days following its adoption.
Section 8. The City Clerk is directed to publish this ordinance in a manner required
by law.
Section 9. Sections 1, 2, 3, 4, 5, 6, 7, 8, and 9 of this Ordinance shall not be
codified in the Burlingame Municipal Code.
____________________
Ricardo Ortiz, Mayor
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that
the foregoing ordinance was introduced at a regular meeting of the City Council held on
21st day of November 2022 and adopted thereafter at a regular meeting of the City Council
held on the 5th day of December by the following votes:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, O’BRIEN KEIGHRAN, ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST: ___________________________________
Meaghan Hassel - Shearer, City Clerk
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