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HomeMy WebLinkAboutOrd 1375ORDINANCE N0. 1375 INTERIM ORDINANCE REGULATING SECOND STORY ADDITIONS IN HILLSIDE AREAS WITH MINIMUM LOT SIZES OF 10,000 SQUARE FEET AND 7,000 SQUARE FEET The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. Purpose. To regulate second story additions and new two story structures in the hillside areas of the city in order to preserve from structural obstruction the existing distant views from all habitable areas of existing dwelling units. Section 2. Affected Areas. All areas in the hillside portion of 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 attached hereto. Section 3. Regulation. All second story additions in these areas shall be subject to public review prior to issuance of a building permit. The review shall determine whether the proposed structural addition will obstruct the long distance view from all 1 habitable areas within any existing adjacent or nearby structures. Section 4. Procedure. A. If no variances or special permits under Chapter 25 or other city ordinances are required for the proposed second story addition the following procedure shall be followed: 1. Property owners within 200 feet shall be noticed of the proposed addition and shall have seven (7) days to request Planning Commission review. 2. Notice of the proposed addition shall be placed upon the Planning Commission and City Council agenda. 3. If a noticed property owner, a Planning Commissioner or a Councilmember does not request review by the Planning Commission, the application shall be submitted for building permit review. 4. If any noticed property owner, Planning Comm issioner or City Councilmember requests public review, the application shall be placed on the Planning Commission agenda. The Planning Commission shall consider the matter in the same manner as an application for a special permit. The Planning Commission decision shall be appealable to the City Council. 5. The basis for Planning Commission and City Council review shall be the fact that the structural addition above the first floor of the building obstructs the existing distant view E A nearby properties. Emphasis shall be given to the obstruction of distant views from habitable areas within a dwelling unit. B. If a variance or special permit is required under any other provision of the Municipal Code for a second story addition, the impact of the addition on distant views from existing dwellings should be specifically addressed and evaluated. View obstruction may be a reason cited for denial of a project by the Planning Commission or City Council. Section 5. It is hereby declared that there is a current and immediate threat to the public safety, health and welfare and this is an urgency measure as provided by law, and shall take effect upon its adoption. The facts constituting such urgency are as follows: that recent requests for and construction of new second story additions in hillside areas have caused property damages by disregarding the impact such additions have or will have on adjacent property owners' rights to distant views. Such development endangers the natural setting, value of property, and integrity of existing development, and appropriate controls therefore are necessary. Moreover, such regulation existed at the time of original development and purchase of these properties and until 1982; it is appropriate to reinstate similar property protection at this time. The issuance of building permits for second story additions within said area without review would threaten the public health, safety and welfare. Section 6. Duration. This ordinance is intended to be an interim ordinance. Unless this ordinance is extended as provided by Government Code Section 65858 or superseded by any other ordinances it shall automatically cease to have force and effect forty-five (45) days from its date of adoption. law. Section 7. This ordinance shall be published as required by I, Judith A. Malfatti, City Clerk of the City of Burlingame, do hereby certify that the foregoing INTERIM ORDINANCE was introduced and adopted at a regular meeting of the City Council held on the 17th day of October 1988 by the following vote: AYES: COUNCILMEMBERS: AMSTRUP, BARTON, LE"JB1, PAGLIARO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MANGINI CITY CLERK U W m U O