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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. DocuSign Envelope ID: 7C7374FD-B781-4BEC-9FB9-0B8AA697884A 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 DocuSign Envelope ID: 7C7374FD-B781-4BEC-9FB9-0B8AA697884A 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. DocuSign Envelope ID: 7C7374FD-B781-4BEC-9FB9-0B8AA697884A 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 DocuSign Envelope ID: 7C7374FD-B781-4BEC-9FB9-0B8AA697884A 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 DocuSign Envelope ID: 7C7374FD-B781-4BEC-9FB9-0B8AA697884A DocuSign Envelope ID: 7C7374FD-B781-4BEC-9FB9-0B8AA697884A