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
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