HomeMy WebLinkAboutOrd 2019ORDINANCE NO. 2019
AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING
CHAPTER 25.62 AND CHAPTER 25.108 OF TITLE 25 OF THE
BURLINGAME MUNICIPAL CODE REGARDING APPLICATION
PROCESSING PROCEDURES (CEQA DETERMINATION: EXEMPT
PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15378,
15061(B)(3))
WHEREAS, the California Constitution grants cities the authority to
make and enforce ordinances and regulations, the City of Burlingame is
authorized to impose regulatory fees; and
WHEREAS, the City Council declares it is the general policy of the City
to recover the costs of providing services to applicants for development
projects; and
WHEREAS, in order to ensure that the cost of such services is borne by
the users in a fair and equitable manner, the application processing procedures
are revised to better account for the City’s costs in reviewing applications;
preparing reports, maps or environmental analyses; providing legal review; and
producing, posting and mailing notices or legal publications; and
WHEREAS, the City Council desires to clarify the definition of fees
related to the administration of the Zoning Code to include deposits in order to
provide a more flexible and complete cost recovery approach; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BURLINGAME 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. Chapter 25.62 and Chapter 25.108 of Title 25 of the Burlingame
Municipal Code are amended as follows. Additions are reflected by
underlined text and deletions with strike out text.
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Chapter 25.62
Section 25.62.040 Application Fees and Cost Recovery.
A. Filing Fees Required.
1. The Council shall, by resolution, establish a schedule of fees for
amendments, entitlements, and other matters pertaining to this Zoning
Code to ensure that the City is reimbursed for its costs of providing
services to applicants for development projects and to the extent
advisable, provide uniformity with respect to such provisions. The
schedule of fees may be changed or modified only by resolution of the
Council.
2. The City’s processing fees shall be cumulative. For example, if an
application for design review also involves a variance, both fees shall be
charged.
3. Processing shall not commence on an application until required
fees have been paid. Without the application fee, the application shall not
be deemed complete.
4. Fees shall include fees and deposits collected by the City to
administer provisions of this Zoning Code. The City shall determine
through Council adoption of a fee schedule the instances in which a fee
covering all costs or a deposit from which City costs are deducted shall
be collected.
5. Each applicant for or operator of a development project, as well as
the owner of the subject property, if different, shall be liable for payment
of all fees associated with the development project.
6. Costs shall include, but not be limited to, field investigations,
preparation of necessary reports; preparation of site maps; preparation of
environmental reviews; producing, posting and mailing notices or legal
publications; legal review; review of applications; defense of
administrative and/or judicial challenges to the project approval(s).
B. Refunds and Withdrawals.
1. Recognizing that filing fees are utilized to cover City costs of public
hearings, mailing, posting, transcripts, and staff time involved in
processing applications, refunds due to a disapproval are not allowed.
2. In the case of a withdrawal, the Director may authorize a partial
refund based upon the pro-rated costs to date and determination of the
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status of the application at the time of withdrawal. The Council may
establish a refund schedule in the City’s fee resolution.
Chapter 25.108 General Definitions
Section 25.108.070 “F” Definitions
Façade. Façade means:
1. The exterior walls of a building or structure exposed to public view; or
2. The walls viewed by a person not inside the building; or
3. For a tenant space within a larger building, the portion of the exterior
walls that corresponds to the interior space occupied by the tenant or
business establishment; or
4. Any awnings on or attached to the exterior walls that meet the definition
of façade.
Fee. A fee, charge, deposit or exaction collected by the City.
Fence. A structure of wood, masonry, metal, or other solid material built on or
close to a property line for the purpose of physically separating properties.
First Approval. With regard to a commercial linkage fee, means the first
discretionary approval to occur with respect to commercial development projects
or, for commercial development projects not requiring a discretionary approval, the
issuance of a building permit.
Floor Area, Gross. The total area enclosed within a building, including closets,
stairways, and utility and mechanical rooms, measured from the outside face of
the walls.
Floor Area, Net. The gross floor area less areas stipulated by
Section 25.30.060 (FAR Measurement and Exceptions).
Floor Area Ratio (FAR): The floor area of the building or buildings on a site or lot
divided by the area of the site or lot.
Foot-Candle. A unit of measure of the intensity of light falling on a surface, equal
to one lumen per square foot or the intensity of light from a standardized candle
burning at one foot from a given surface.
Footprint. The gross floor area to the outside of the exterior walls plus roof
overhangs, eaves, balconies, and decks and trellises over outdoor areas.
Footprint applies to first floor area and floor areas of the floors above the first
which extend beyond first floors.
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Frontage. All property fronting on one side of the street between intersecting or
intercepting streets, or between a street and right-of-way, waterway, end of dead-
end street, or City boundary measured along the street line. (Ord. 2000 § 2,
(2021))
Section 4. The City Council finds and determines this Ordinance is
exempt from CEQA, in that this Ordinance is not a "Project" as provided in
state CEQA Guidelines Section 15389. Furthermore the City Council finds and
determines this Ordinance is exempt from CEQA pursuant to state CEQA
Guidelines section 15061(b)(3), as it can be seen with certainty that there is
no possibility the Ordinance will have a significant effect on the environment.
Section 5. 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 section s, subsections,
sentences, clauses or phrases be declared unconstitutional.
Section 6. This Ordinance shall go into effect 30 days following its
adoption. However, pursuant to Government Code Section 66017, new
development fees will not become effective sooner than 60 days after the final
action on the adoption of the fee. The City Clerk is directed to publish this
ordinance in a manner required by law.
Section 7. Section 3 of this Ordinance shall be codified in the
Burlingame Municipal Code. Sections 1, 2, 4, 5, 6, and 7 shall not be so
codified.
Michael Brownrigg, Mayor
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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 day of October 2, 2023, and adopted thereafter on
the 16 day of October, 2023, by the following vote:
AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, ORTIZ, STEVENSON
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
_____________________________
Meaghan Hassel-Shearer, City Clerk
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