HomeMy WebLinkAboutOrd 1942ORDINANCE NO. 1942
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AMENDING
TITLE 25 OF THE BURLINGAME MUNICIPAL CODE (ZONING ORDINANCE) C.S. 25.58
(GENERAL USE PROVISIONS) TO INCLUDE REGULATIONS FOR MECHANCIAL
EQUIPMENT
WHEREAS, Title 25 of the Burlingame Municipal Code (Zoning Ordinance), Chapter
25.58 (General Use Provisions), provides specialized regulations for particular planning and
building situations and conditions; and
WHEREAS, the siting and operation of mechanical equipment should not adversely
impact the aesthetics and tranquility of residential neighborhoods; and
WHEREAS, the Burlingame Planning Commission considered regulations for mechanical
equipment at public hearings held on November 23, 2015, January 11, 2016 and April 10, 2017;
and
WHEREAS, following a duly noticed public hearing on April 10, 2017, the Burlingame
Planning Commission recommended to the City Council that it adopt the following proposed
mechanical equipment regulations; and
WHEREAS, the City Council of the City of Burlingame conducted duly noticed public
hearings on June 5, 2017 at which it considered the Planning Commission's April 10, 2017
recommendation regarding the mechanical equipment regulations. Following conclusion of the
public hearing, changes to the proposed ordinance were requested; and
WHEREAS, the City Council of the City of Burlingame conducted duly noticed public
hearings on June 19, 2017 and July 3, 2017 at which it considered revisions to the Planning
Commission's April 10, 2017 recommendation regarding the mechanical equipment regulations
based upon its June 5, 2017 discussion; and
WHEREAS, the City Council introduced the Ordinance, by title only, waiving further
reading at its June 19, 2017 public meeting and considered all written and oral testimony
presented at that meeting, and a second reading of the proposed ordinance was duly noticed
and held at the City Council's July 3, 2017 meeting.
NOW, THEREFORE, the City Council does hereby ordain as follows:
DIVISION 1:
The Burlingame Municipal Code, Title 25 - Chapter 25.58 (General Use Provisions) is
amended as follows:
Chapter 25.58 GENERAL USE PROVISIONS
25.58.050 Mechanical Equipment.
ORDINANCE NO. 1942
(a) For the purposes of this chapter, mechanical equipment shall include machines and
devices, including HVAC units, fans, vents, generators and elevator motors, integral to the
regular operation of climate control, electrical and similar building systems. Mechanical
equipment shall not include water heaters (both "tank" and "tankless" style) and enclosures for
such units.
(b) The following regulations apply to newly -installed mechanical equipment for new and
existing residential dwellings and buildings:
(1) Mechanical equipment may only be located in the rear 75% of the lot;
(2) Mechanical equipment shall not be located within the front yard between the building
and the property line;
(3) Mechanical equipment shall be screened from view from any portion of adjacent streets
by fences or hedges;
(4) Mechanical equipment shall not be mounted on sloping roofs. Mechanical equipment
may be mounted on flat roofs with prior approval by the Planning Division provided the
equipment is concealed with solid screening that is integrated into the overall architectural
design;
(5) Equipment shall not exceed a Maximum Outdoor Noise Level (dBA) of 60 dBA Daytime
(7 am —10 pm) or 50 dBA Nighttime (10 pm — 7 am) as measured from the property line;
(c) An applicant subject to the regulations described in this section may apply to the
Community Development Director for modification of those requirements, based on exceptional
or extraordinary circumstances or conditions applicable to the property involved that do not
apply generally to property in the same district. The application shall be made in writing and filed
with the Community Development Director upon submittal of the building permit application. An
applicant who was denied an exemption from these standards by the Director may appeal that
determination by submitting a letter to the Community Development Department within 10 days
of the Director's decision. That letter must set forth the applicant's request for review by the
Planning Commission as well as any arguments or grounds on which the applicant will rely
before the Commission. Any arguments or grounds not set forth in the appeal notice will not be
considered by the Commission. The matter will be set for review by the Commission, and its
determination will be final.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council 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 sections, subsections, sentences, clauses or phrases be declared invalid.
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ORDINANCE NO. 1942
DIVISION 3:
This Ordinance is exempt from the California Environmental Quality Act (CEQA) per
State CEQA Guidelines Section 15305 (Minor Alterations in Land Use Limitations), which is a
categorical exemption that applies to code amendments that will not have any significant
environmental effects.
DIVISION 4:
This Ordinance shall be published in a newspaper of general circulation in accordance
with California Government Code Section 36933, published, and circulated in the City of
Burlingame, and shall be in full force and effect thirty (30) days after its final passage.
I, MEAGHAN HASSEL-SHEARER, 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 19`"
day of June, 2017 and adopted thereafter at a regular meeting of the City Council held on the
3rd day of July 2017, by the following vote:
AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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ATTEST:
City Clerk