HomeMy WebLinkAboutOrd 1937ORDINANCE NO. 1937
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME,
AMENDING TITLE 21 — HISTORIC RESOURCE PRESERVATION OF THE
BURLINGAME MUNICIPAL CODE BY ADDING PROVISIONS DEFINING
"ADAPTIVE RE -USE" AND OUTLING PROCEDURES FOR GRANTING
APPROVAL OF A CONDITIONAL USE PERMIT FOR ADAPTIVE REUSE OF
HISTORIC RESOURCES WITHIN THE CITY OF BURLINGAME
The City Council of the City of Burlingame hereby ordains as follows:
Division 1. Factual Background
WHEREAS, on June 16, 2014 the City Council adopted Ordinance 1899 adding Title 21
— Historic Resource Preservation to the Burlingame Municipal Code. As adopted, the ordinance
establishes an historic preservation program applicable to any property deemed historic (with
consent of the property owner) within the geographic area of the City covered by the Burlingame
Downtown Specific Plan; and
WHEREAS, once designated as historic resources, properties listed on the local, State
or Federal register of historic properties are eligible for the following incentives: Mills Act
Contract, Federal Historic Preservation Tax Incentives, Use of the California Historic Building
Code, Historic Variances, and Fee Reduction; and
WHEREAS, to date, no property owners have come forward to voluntarily request
designation of their property as an historic resource, nor have any of the existing incentives for
historic properties been utilized; and
WHEREAS, it is frequently the case with historic resources that the purpose for which a
structure was initially built may not be one that is appropriate or desirable in the present
contemporary setting based upon current zoning regulations (e.g. a warehouse situated within
what is now an pedestrian -oriented commercial area); and
WHEREAS, "Adaptive Reuse" of historic resources is an accepted means of repurposing
such a property for different uses or functions than those for which it was originally designed
while retaining the original historic features of the resource; and
WHEREAS, on November 14, 2016, the Burlingame Planning Commission considered
an amendment to Title 21 — Historic Resource Preservation of the Burlingame Municipal Code
that adds "Adaptive Reuse' as an incentive for preservation of historic resources, and outlines
the procedure (Conditional Use Permit) for property owners to seek approval of adaptive reuse
of their historic resource. Following a duly noticed public hearing on that date, and after
considering all oral and written public testimony regarding the proposed amendment, the
Commission moved to recommend that the City Council adopt the proposed amendment; and
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WHEREAS, on January 3, 2017, the Burlingame City Council introduced the proposed
ordinance amending Title 21 — Historic Resource Preservation by title only, waiving further
reading, and conducted a duly noticed public hearing; considered the Planning Commission's
recommendation, and all written and oral testimony from the public regarding the proposed
amendment and, following conclusion of the public hearing, directed that the proposed
ordinance be placed on the January 17, 2017 City Council agenda for adoption.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES
ORDAIN AS FOLLOWS:
Division 2. The Burlingame Municipal Code, Title 21 — Historic Resource Preservation is
amended as follows:
Section 21.04.020 Definitions shall be amended to read as follows:
(a) 'Adaptive Reuse" means repurposing a designated historic resource for different uses or
functions than those for which it was originally designed while retaining the original
historic features of the resource.
(b) "Alteration" means any change or modification, through public or private action, to the
character -defining or significant exterior physical features of properties affected by this
title. Such changes may be changes to or modification of structure, architectural details,
or visual characteristics, grading, surface paving, the addition of new structures, and the
placement or removal of any significant objects such as signs, plaques, light fixtures,
street furniture, walls, fences, steps, plantings, and landscape accessories affecting the
significant visual and/or historical qualities of the property.
(c) "Demolition" means any act or process that destroys in part or in whole an historic
resource.
(d) "Designated Historic Resource" means a parcel or part thereof on which an historic
resource is situated and any abutting parcel or part thereof constituting part of the
premises on which the historic resource is situated, and which has been designated an
historic resource in the Burlingame Historic Register, California Register of Historic
Places and/or National Register of Historic Places.
(e) "Historic Resource" means improvements, buildings, structures, signs, or other objects
of scientific, aesthetic, educational, cultural, architectural, or historical significance to the
owner, citizens of the City and the State of California, the Bay Area region, or the nation
which may be eligible for local designation for historic preservation by the City pursuant
to the provisions of this title. An historic resource is either included in the Register or
may be added in accordance with Section 21.04.080.
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(f) "Improvement" means any building, structure, , fence, gate, landscaping, tree, wall,
parking facility, work of art, or other object constituting a physical feature of real property,
or any part of such feature.
(g) "Inventory" refers to the October 6, 2008 Inventory of Historic Resources — Burlingame
Downtown Specific Plan which identifies resources in the City which may be considered
historical. Owners of property which were included in the Inventory are eligible to apply
to be included on the Burlingame Historic Register.
(h) "Ordinary Maintenance and Repair" means any work, for which a building permit is not
required by law, where the purpose and effect of such work is to correct any
deterioration of or damage to a structure or any part thereof and to restore the same to
its condition prior to the occurrence of such deterioration or damage.
(i) "Preservation" means the identification, study, protection, restoration, or acquisition of
historic resources.
Q) "Register" refers to the Burlingame Historic Register. Inclusion on the Register results
from submittal of an application to the Community Development Department by the
property owner, with exception of the two structures and one tree grove in the City which
are listed on the California Register of Historic Places and/or National Register of
Historic Places, as referenced in Section 21.40.040 of this Title.
(k) "Secretary of the Interior Standards for Rehabilitation" means the standards promulgated
by the National Park Service that provide guidance for the preservation, rehabilitation,
restoration and reconstruction of historic properties.
(1) "Significant Feature" means the natural or man-made elements embodying style or type
of historic resource, design, or general arrangement and components of an
improvement, including but not limited to, the kind, color, and texture of the building
materials, and the type and style of all windows, doors, lights, signs, and other fixtures
appurtenant to such improvement.
21.04.120 Preservation Incentives shall be amended to read as follows:
(a) The Commission is authorized to develop and implement preservation incentive
programs that are consistent with this Chapter. Incentives shall be made available for
properties listed on the Register that undergo maintenance or alteration consistent with
the Secretary of the Interior Standards for Rehabilitation.
(1) State Historic Building Code. The Building Official is authorized to use and shall
use the California State Historic Building Code (SHBC) for projects involving
designated historic resources. The SHBC provides alternative building
regulations for the rehabilitation, preservation, restoration, or relocation of
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structures designated as historic resources. The SHBC shall be used for any
designated historic resource in the City's building permit procedure.
(2) Fee Reduction. Any permit fees for minor or major exterior modifications to
historic resources done in accordance with the Secretary of the Interior
Standards for Rehabilitation shall be reduced by 25% provided that the work is
consistent with the historic criteria under which the property was designated an
historic resource.
(3) Development Standard Flexibility.
(A) Parking Standards.
i. Additional floor area may be added to existing single-family
residences that are nonconforming due to substandard parking
without providing parking according to current standards, provided
that the aggregate of all additional floor area constructed following
the date of designation of the structure as a historic resource does
not exceed 50% of the floor area existing as of the date of
designation as a resource. For multiple -family developed
properties, adding units in accordance with existing zoning
standards shall not require the property owner to bring existing
nonconforming parking into compliance with current parking
requirements, though code -required parking shall be provided for
any new units created.
ii. Designated historic commercial structures may add up to an
aggregate of 15 percent of the existing floor area as of the date of
designation of the property as a historic resource, not to exceed
500 square feet, without providing additional parking and without
bringing any existing nonconformity into compliance with the
current zoning regulations, subject to review and approval by the
Commission. The addition must be removed or otherwise
approved under governing procedures if the historic building is
demolished.
(B) Historic Variances.
i. Owners of designated properties may apply for variances from
development standards applicable to the property in instances
where the deviation from the standard is warranted in order to
preserve the historic character of the property. The property's
status as a designated historic resource may be used as a basis
for determining whether the property owner is denied privileges
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enjoyed by other property owners in the vicinity and within the
same zoning district. The procedure for requesting approval of an
historic variance shall be the same as that required for other forms
of variances, as specified in Title 25 of the Burlingame Municipal
Code (Zoning Ordinance).
(4) Adaptive Reuse. Owners of designated properties may apply for a conditional
use permit for any use that is not ordinarily permitted, or conditionally permitted,
within the zoning district in which the designated resource is situated, pursuant to
the purpose, findings and conditions expressed in Chapter 25.52 Conditional Use
Permits of Title 25 of the Burlingame Municipal Code (Zoning Ordinance), and
the following additional findings:
(A) Use of the property for a purpose other than that for which it was
originally designed, and in a manner that would not normally be permitted
within the zoning district in which the resource is situated, is necessary in
order to enhance the economic viability of retaining the resource and its
notable characteristics in a manner that ensures the continued
maintenance of the resource; and
(B) Any alterations to the resource that are necessary to accommodate the
adaptive re -use of the resource shall be designed and completed in a
manner consistent with the Secretary of Interior Standards for
Rehabilitation, and shall be subject to any discretionary approvals
required pursuant to Title 25 of the Burlingame Municipal Code (Zoning
Ordinance).
(5) Mills Act Contracts.
(A) Mills Act contracts granting property tax relief shall be made available by
the City of Burlingame only to owners of properties listed in the
Burlingame Historic Resources Register, as well as properties located
within the City of Burlingame that are listed in the National Register of
Historic Places and/or the California Register of Historical Places.
Properties that have been previously listed on the above-mentioned
register(s), but that have been removed from the register(s) and are no
longer listed, shall not be eligible for a Mills Act contract with the City.
(B) Mills Act contracts shall be made available pursuant to California law. The
Community Development Department shall make available appropriate
Mills Act application materials. The Mills Act application may be
processed concurrently with the Historic Resource Application.
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(C) Mills Act contract applications shall be made to the Community
Development Director or his/her designee, who shall within 30 days of
receipt of a completed application, prepare and make recommendations
on the contents of the contract for consideration by the City Council. A fee
for the application will be required consistent the City's adopted fee
schedule, to cover all or portions of the costs of the preparation of the
contract or an amount set by City Council Resolution may be charged.
(D) The City Council shall, in public hearing, resolve to approve, approve with
conditions, or deny the proposed contract. Failure to pass a motion
approving the application shall be deemed a denial. Should the City
Council fail to act on the proposed contract within one year of its receipt
of the proposal, the proposal shall be deemed denied.
(E) A Mills Act contract application that has failed to be approved by the City
Council cannot be resubmitted for one year from the date of City Council
action, or where the Council fails to take action, within one year from the
date that the application is deemed denied pursuant to (4) above.
(6) Preservation Easements. Preservation easements on the facades of buildings
designated as an historic resource may be acquired by the City or nonprofit
group through purchase, donation, or documentation pursuant to California Civil
Code 815.
(7) Official Recognition/Awards. The Commission, on an annual basis, may
recognize those projects involving designated historic resources that have
demonstrated a high level of commitment to maintaining or restoring the historic
integrity of the resource. The Community Development Department may
nominate all projects implemented within a calendar year for award consideration
by the Commission.
Division 3. This ordinance, or a summary as applicable shall be published as required by law
and shall become effective 30 -days thereafter. 77 //-�11 ,
Ricardo Ortiz;
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ORDINANCE NO. 1937
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 3rd day
of January 2017, and adopted thereafter at a regular meeting of the City Council held on the
17th day of January 2017, by the following vote:
AYES:
NOES:
ABSENT
COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ
COUNCILMEMBERS:NONE
COUNCILMEMBERS: NONE
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