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HomeMy WebLinkAboutOrd 1388ORDINANCE No. 1388 ORDINANCE ESTABLISHING REVIEW PROCEDURE FOR CONSTRUCTION ABOVE FIRST FLOOR IN CERTAIN RESIDENTIAL DISTRICTS The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. Section 25.28.060 is hereby amended to read as follows: "25.28.060 Lot limitations, lot requirements, and special requirements. . . 8. Certain new construction and additions to residences on lots in specified hillside districts are subject to the requirements of Chapter 25.61". Section 2. Chapter 25.61, establishing review procedures for additions above the first floor in certain residential districts is hereby added to the Burlingame Municipal Code to read as follows: "Chapter 25.61 Construction Above First Floor of Residences In Certain Hillside Areas 25.61.010 Affected areas. The provisions of this chapter shall apply to all areas in the city designated for minimum 7,000 square foot or 10,000 square foot lots as shown on the map adopted by Ordinance 712, titled "Minimum Lot Size" except the areas A, B. and C as shown on the map titled "Areas Affected by Interim Ordinance Regulating Second Story Additions in Hillside Areas", dated October 17, 1988, and attached to Ordinance 1375. E 25.61.020 Hillside Area Construction Permits. No new residence or accessory structure over one story in height and no addition above the first story to all or a portion of an existing residence or accessory structure shall be constructed within the affected area without a Hillside Area Construction Permit. 25.61.030 Procedures when variance or special permit required. If such construction requires a variance or special permit under any other provision of this code, the hillside area construction permit shall be heard at the same time as the variance or special permit; the review criteria of Section 25.61.060 shall apply. If such construction does not require a variance or special permit the procedures hereinafter set forth shall apply. 25.61.040 Procedure when variance or special permit not required. If such construction does not require a variance or special permit the following procedures shall apply. Upon receipt of a completed application for a Hillside Area Construction Permit, the city planner shall give mailed notice of the application to all owners of property within one hundred feet of the exterior boundaries of the subject property. They shall be informed of their right to request review under Section 25.61.050. Notice of the application shall also be provided to the planning commission and city council at their next regular meeting. 25.61.050 Review of application. Any noticed property owner may request review of the application by written request to the city planner within seven days after the mailing of the notice of application. Review of the 3 application may be requested by any member of the planning commission or council by making such request before the close of the meeting of the legislative body at which the notice is received. Upon receipt of a request for review the city planner shall thereafter process the application in the same manner as an application for a special use permit. Unless review of the application is requested the Hillside Area Construction Permit shall be deemed approved upon the adjournment of the later of the planning commission or city council meeting following notice of the application. 25.61.060 Review criteria. Review by the planning commission or city council shall be based upon the obstruction by the construction of the existing distant views of nearby properties. Emphasis shall be given to the obstruction of distant views from habitable areas within a dwelling unit. 25.61.070 Fees. Filing fees for approvals under this chapter shall be set by the city council. Section 3 This ordinance shall be published as required by law. b Mayor n I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 22nd day of February 1989, and adopted thereafter at a regular meeting of the City Council held on the 6th day of March , 1989, by the following vote: AYES: COUNCILMEN: AMSTRUP, LEMBI, MANGINI, PAGLIARO NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: BARTON P J City Cle