HomeMy WebLinkAboutOrd 18651
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ORDINANCE NO, 1865-2011
ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 25 OF THE BURLINGAME
MUNICIPAL CODE TO IMPLEMENT THE 2009-2014 HOUSING ELEMENT
The CITY COUNCIL OF THE CITY OF BURLINGAME does hereby ordain as follows:
Section 1. In 2009, the City Council adopted the 2009-2014 Housing Element to provide a
framework for housing opportunities in the City of Burlingame. This ordinance implements the Housing
Element by updating the city's inclusionary zoning standards, adding a density bonus provision, providing
opportunities for secondary dwelling units in certain areas and subject to performance standards,
provides for reasonable accommodation for disabled accessibility, and provides opportunities for
placement of emergency shelters for the homeless, and transitional and supportive housing as required
by State law.
Section 2. The update of the zoning regulations to implement the 2009-2014 Housing Element
were considered as part of the implementation program contained in the 2009-2014 Housing Element.
The potential environmental impacts of implementation of the 2009-2014 Housing Element were reviewer
in Mitigated Negative Declaration No. ND -549-P. This document determined that with mitigation, no
adverse environmental impacts would result from implementation of the policies and programs outlined in
the 2009-2014 Housing Element, and the Mitigated Negative Declaration and Housing Element were
approved by the City Council on March 1, 2010 by Resolution No. 15-2010. There is no new information
or significant development which has occurred in this area since the approval of the Mitigated Negative
Declaration which would result in a change in this determination.
Section 3. Section 25.08.253 is added to read as follows:
25.08.252 Emergency Shelter.
"Emergency shelter" means a facility or use, which provides temporary housing (six months or
less) for homeless individuals or families and may involve supplemental serv
ices. Supplemental
may include, but are not limited to, meal preparation, an activities center, day care for homeless person's
children, vocational rehabilitation and other similar activities.
Section 4. Section 25.08.573 is added to read as follows:
25.08.573 Secondary Dwelling Unit.
"Secondary dwelling unit" means either a detached or an attached additional residential dwelling
unit on asingle-family residential lot or parcel that provides complete independent living facilities
designed for occupancy by not more than two (2) persons. It shall include permanent provisions for
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iving, sleeping, eating, cooking, and sanitation purposes on the same parcel as the primary single family
dwelling is situated.
Section 5. Section 25.08.642 is added to read as follows:
25.08.642 Supportive Housing.
"Supportive Housing" means housing with no limit on length of stay, that is occupied by target
populations, as defined by Section 53260(d) of the California Health and Safety Code, and that is linked
to on- or off-site services that assist the supportive housing residents in retaining the housing, improving
his or her health status, and maximizing his or her ability to live and, when possible, work in the
community. Supportive housing shall be considered as a residential use and only subject to those
restrictions that apply to other residential uses of the same type in the same zone. Supportive housing
programs may use residential care homes wholly or as a part of their overall facilities.
Section 6. Section 25.08.652 is added to read as follows:
25.08.652 Transitional Housing.
"Transitional Housing" means buildings configured as rental housing developments, but operated
under program requirements that call for termination of assistance and recirculation of the assisted units
to another eligible program recipient at some predetermined future point in time, which shall be no less
than six months. Support services may include meals, counseling, and other services, as well as
common areas for residents of the facility. Transitional housing shall be considered a residential use and
only subject to those restrictions that apply to other residential uses of the same type in the same zone.
Transitional housing programs may use residential care homes wholly or as part of their overall facilities.
Section 7. Section 25.44.045 is added to read as follows:
Section 25.44.045 Additional Uses for Properties in the Northern Rollins Road Area
In addition to the permitted uses in the RR, Rollins Road, District, emergency shelters for the
homeless are permitted on properties located north of Mills Creek, subject to the following performance
standards and subject to the parking requirements established in Section 25.70.035:
Perf
ormance Standards:
(a) Property Development Standards. The emergency shelter for the homeless shall
conform to all property development standards of the RR zone district except as modified by
these performance standards. In addition, the following design standards shall apply:
(b) Shelters shall have designated smoking areas that are not visible from the street and
which are in compliance with all other laws and regulations.
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(c)
There shall be no space for outdoor congregating in front of the building and no outdoor
public telephones.
(d)
There shall be a refuse area screened from view.
(e)
Maximum Number of Persons/Beds. The emergency shelter for the homeless shall
contain a maximum
of 24 beds.
(f)
Size and location of exterior and interior on-site waiting and client intake areas. Shelters
shall provide 10
square feet of interior waiting and client intake space per bed. In addition, there shall be
two office areas
provided for shelter staff. Waiting and intake areas may be used for other purposes as
needed during operations of the shelter.
(g)
On-site management. On-site management and on-site security shall be provided during
hours when the
emergency shelter is in operation.
(h)
Distance to other facilities. The shelter must be more than 300 feet from any other
shelters for the
homeless.
(i)
Length of stay. Temporary shelter shall be available to residents for no more than 60
days. Extensions
up to a total stay of 180 days may be provided if no alternative housing is available.
Section
8. Chapter 25.59 is repealed and a new Chapter 25.59 is added to read as follows:
Chapter 25.59 SECONDARY DWELLING UNITS
Sections:
25.59.010
Purpose
25.59.020
Secondary Dwelling Unit Permit Procedure
25.59.030
Appeal.
25.59.040
Revocation of secondary dwelling unit permit.
25.59.050
Variances prohibited.
25.59.060
Performance standards for existing secondary dwelling units.
25.59.070
Performance Standards for new Secondary Dwelling Units.
25.59.010 Purpose.
The purpose of this chapter is to regulate both existing and new secondary dwelling units in
residential zoning districts and on residential property consistent with state law (California Government
Code Sections 65852.1 through 65852.2). This chapter is intended to implement the Housing Element of
the Burlingame General Plan by providing for additional housing opportunities. This will be accomplished
by increasing the number of units available within existing neighborhoods while maintaining the primarily
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single-family residential character of the area, and establishing standards for the development and
occupancy of second units to ensure that they are compatible with neighboring uses and structures,
adequately equipped with public utility services, safe for human occupancy, and do not create
unreasonable traffic and safety impacts.
A second residential unit which conforms to the requirements of this article shall not be
considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be
a residential use which is consistent with the existing General Plan and zoning designations for the lot.
For existing units, the purpose of this chapter is to provide a means for property owners in the R-
1 districts of the city to legalize the existence and usage of secondary dwelling units that were built as
dwelling units before January 1, 1954. This chapter provides an owner the opportunity to apply to the city
for review and approval of such a second dwelling unit in the R-1, single family zone and then complete
all improvements to bring the unit into compliance with the health and safety standards of the Uniform
Housing Code. This chapter also provides basic protections to the surrounding neighborhoods by
requiring off-street parking, owner occupancy of one of the two units located on such a property, and
limitation on the number of occupants.
25.59.020 Secondary Dwelling Unit Permit Procedure.
(a) Applications for such a secondary dwelling unit permit shall be in writing and filed with
director of community development on a form approved by the director of community development.
(b) As established by council resolution, a fee will be charged for an application for a
secondary dwelling unit permit under this chapter.
(c) Upon application for a secondary dwelling unit permit pursuant to this chapter, the
director of community development will review the application and determine if all of the information
required has been provided. If the application meets all of the requirements of this chapter, the director of
community development shall approve the application, making a determination that the application
complies with the performance standards outlined in this chapter. Upon finding that the standards are
met, the proposal shall be approved ministerially without discretionary review or public hearing and the
applicant may proceed to acquire a building permit. If the application does not meet all of the
requirements of this chapter, the director of community development shall deny the application.
(d) Deed restrictions. Prior to issuance of a building permit for a second unit, or for
improvements to bring an existing second unit into compliance with the secondary dwelling unit permit
requirements, an agreement of restriction shall be filed with the County recorder. The Agreement of
Restriction shall state the following:
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(1) the secondary dwelling unit shall not be sold separately from any part of the property on
WHICH it is located;
(2) the second dwelling unit is restricted to the standards specified in Burlingame Municipal
Code Chapter 25.59;
(3) either the primary single family dwelling or the secondary dwelling unit shall be occupied
as the principal place of residence of the record owner of the lot. In the case of ownership by a
corporationI partnership, trust or association, either the primary single family dwelling or the secondary
dwelling unit shall be the place of residence of an officer, director or shareholder of the corporation, a
partner in the partnership, a trustor, trustee or beneficiary of the trust, a member of the association, or an
employee of any such organization; and
(4) the restrictions shall be binding upon any successor in ownership of the property and
of compliance shall result in legal action against the property owner.
(d) For existing secondary dwelling units constructed before January 1, 1954, in addition to
the requirements for such an application, the applicant shall provide a declaration under penalty of perjury
detailing the history of the secondary dwelling unit demonstrating that it was built before January 1, 19547
and that since that time, it has been used as a dwelling unit in the same size and configuration as shown
n the application.
25.59.030 Appeal.
The applicant that requested the secondary dwelling unit permit may appeal the community
development director's denial of the request. The appeal shall be submitt
ed to the community
development director in writing within ten days after the date of the community development director's
decision. The appeal shall be heard by the Planning Commission in a public hearing pursuant to the
procedures established for discretionary actions in Chapter 25.16.
25.59.040 Revocation of secondary dwelling unit permit.
(a) Grounds. A secondary dwelling unit permit granted pursuant to this chapter may be
revoked on any one or more of the following grounds:
(1) The Performance Standards outlined in Sections 25.59.060 and 25.59.070 are not being
met; or
(2) No owner of the subject property resides on the property; or
(3) The secondary dwelling unit is no longer used for residential purposes; or
(4) The parking required by Section 25.59.060 or Section 25.29.070 is no longer provided; or
(5) The primary single family dwelling on the site is purposely demolished; or
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(6) For those secondary dwelling units approved with reduced parking because the owner
has entered into an agreement for continued affordability of the unit, the agreement between the owner
and the city regarding affordability of the secondary dwelling unit has been breached by the owner and
covered parking is not being provided in accordance with Chapter 25.70.
(b) Notice. Written notice to revoke a secondary dwelling unit permit shall be served on the
property owner, as shown on the last equalized assessment roll, either personally or by certified mail, and
shall state:
(1) The reasons for the proposed revocation;
(2) That the proposed action will be taken by the director of community development unless
a hearing before the planning commission is requested within fifteen (15) days after the date of said
notice. If no response is received, the director of community development shall forthwith revoke the
second dwelling unit permit as set forth in said. notice.
(c) Hearing. If a hearing is requested, at least ten (10) days notice thereof shall be given to
the requested party. At any such hearing the property owner shall call witnesses and present evidence in
his or her behalf. Upon conclusion of such hearing, the planning commission shall determine whether or
not the permit shall be revoked. Such determination may be appealed to the city council in the same
manner as for appeals taken on applications for the granting of conditional use permits or variances.
25.59.050 Variances prohibited.
No variance under Chapter 25.54 shall be granted from any requirement of this Chapter.
25.59.060 Perf
ormance standards for existing secondary dwelling units.
Any person owning a secondary dwelling unit that was built as a dwelling unit not later than
December 31, 1953, and that has been in substantially the same use and envelope since that time may
apply to the city, for a secondary dwelling unit permit to legalize the existence, use, and occupancy of the
secondary dwelling unit pursuant to this chapter. Any existing units constructed on or after January 1,
1954 may apply for and obtain a secondary dwelling unit permit if it meets the standards for new
secondary dwelling units as described in Section 25.59.080.
An existing secondary
dwelling unit constructed prior to January 1, 1954 shall meet all of the
following requirements to qualify for administrative approval under this chapter:
(a) There shall be no more than one secondary dwelling unit permitted on a lot which
contains no more than one primary single family dwelling.
(b) Occupancy Restrictions. Either the primary single family dwelling or the secondary
dwelling unit shall be occupied as the principal place of residence of the record owner of the Ict. In the
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case of ownership by a corporation, partnership, trust or association, either the primary single family
dwelling or the secondary dwelling unit shall be the place of residence of an officer, director or
shareholder of the corporation, a partner in the partnership, a trustor, trustee or beneficiary of the trust, a
member of the association, or an employee of any such organization.
(c) Unit size: The floor area of the secondary dwelling unit shall not exceed six hundred
(640) square feet.
(d)
On-site
parking spaces based on
the number of bedrooms in the primary dwelling and
one uncovered
parking space for the second unit
shall be provided as follows:
(1)
Parking
for the primary dwelling as required by Chapter 25.70; and
(2) Parking for the secondary dwelling unit may be in tandem with a required parking space
for the primary dwelling, meaning one car located directly behind another car; and
and
(3) No required parking may be provided in the front setback or yard, except in the driveway;
(4) All parking shall be provided on a hard, all-weather surface and properly drained to the
public street; and
(5) No on-site parking for the second unit shall be required if, but only if, the secondary
dwelling unit is only used for "affordable housing" as defined in Chapter 25.63. As a condition of approval
under this subsection, the owner of the property will be required to enter into and record an agreement
generally in conformance with Section 25.63.040 to ensure continued affordability of the secondary
dwelling unit. A draft agreement shall be required at the time of application submittal.
(e) The secondary dwelling unit shall conform to the requirements of the California Health
and Safety Code, Section 17920.3, and the Uniform Housing Code as adopted by Section 17922.
(f) An applicant for a secondary dwelling unit permit pursuant to this section that has been
granted on conditions that it conform to the requirements of this chapter may perform work to bring the
secondary dwelling unit into conformance, such as reducing the size of the living unit, improving or
constructing parking, and correcting violation of Health and Safety Code Section 17920.3 and the Unifc
Housing Code.
(g) Any secondary
dwelling unit permit approved pursuant to this section that has not been
� brought into compliance with the requirements of this section within one year of approval shall lapse and
be of no further force and effect.
(h) Any
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remodeling
affecting the
exterior of the secondary
dwelling unit shall be matched to
generally conform to
the exterior
treatment of
the primary dwelling unit
on the parcel.
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(i) A restrictive covenant which mandates owner occupancy of at least one of the units shall
be recorded to establish the existing secondary dwelling unit. The restrictive covenant shall be binding
upon any successor in ownership of the property and lack of compliance shall void the approval of the
unit and may result in legal action against the property owner. The restrictive covenant shall be subject
approval by the City Attorney as to its form and content.
0) If the secondary dwelling unit is demolished, the secondary dwelling unit permit shall
lapse and be of no further force and effect, and all on-site parking requirements of Chapter 25.70 shall be
met for the primary dwelling on the site.
(k) If the secondary dwelling unit is destroyed or damaged by a natural catastrophe, the
secondary dwelling unit may be reconstructed in exactly the same envelope and floor area as it existed
mmediately before the catastrophe or in conformance with the standards for new secondary dwelling
units contained in Section 25.59.070.
25.59.070 Performance standards for new secondary dwelling units.
General Provisions. This section allows a secondary dwelling unit, either attached to the main
dwelling or detached in a separate structure to be created on lots which now contain one single family
dwelling and meet the following criteria, upon approval of an administrative secondary dwelling unit
permit.
(a) Minimum Lot Size. The minimum lot size to accommodate a secondary dwelling unit
shall be no less than 6,000 square feet.
(b) There shall be no more than one secondary dwelling unit permitted on a lot which
contains no more than one primary single family dwelling.
(c) Occupancy Restrictions. Either the primary single family dwelling or the secondary
dwelling unit shall be occupied as the principal place of residence of the record owner of the lot. In the
case of ownership by a corporation, partnership, trust or association, either the primary single family
dwelling or the secondary dwelling unit shall be the place of residence of an officer, director or
shareholder of the corporation, a partner in the partnership, a trustor, trustee or beneficiary of the trust, a
member of the association, or an employee of any such organization.
(d) Secondary dwelling units shall be limited to studio or one -bedroom units.
(e) Unit size. The floor area of the secondary dwelling unit shall not exceed six hundred
(640) square feet.
(f) Floor Area Ratio. The secondary dwelling unit shall fall within the total floor area ratio
� and lot coverage allowed by the underlying zoning district.
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(g) Other measurable standards.
(1) For attached units, the secondary dwelling unit shall comply with the setback, height and
declining height envelope regulations which apply to the main dwelling unit.
(2) For detached units, the secondary dwelling unit shall comply with the setback, height and
window placement criteria for accessory structures contained in Chapter 25.60, and shall meet the
setback requirements, including exceptions for accessory structures, contained in Sections 25.28.072
25.28.073. Detached units shall be limited to one-story in height.
(h) Parking. In addition to the parking requirement for the primary single family dwelling unit,
there shall be one on-site parking space provided for the secondary dwelling unit as follows:
(1) Parking shall be provided for the primary dwelling as required by Chapter 25.70; and
(2) Parking for the secondary dwelling unit may be in tandem with a required parking space
for the primary dwelling, meaning one car located directly behind another car; and
and
(3) No required parking may be provided in the front setback or yard, except in the driveway;
(4) All parking shall be provided on a hard, all-weather surface and properly drained to the
public street; and
(5) No on-site parking for the second unit shall be required if, but only if, the secondary
dwelling unit is only used for "affordable housing" as defined in Chapter 25.63. As a condition of approval
under this subsection, the owner of the property will be required to enter into and record an agreement
generally in conformance with Section 25.63.040 to ensure continued affordability of the secondary
dwelling unit.
(i) Construction of the secondary dwelling unit shall comply with the all applicable provisions
of this title and all applicable building, health and fire codes.
Q) The secondary dwelling unit shall incorporate the same or similar architectural features,
building materials and colors as the primary
dwelling located on the property. Compatibility with the
primary structure includes coordination of colors, materials, roofing and other architectural features, and
andscaping designed so that the appearance of the site remains that of a single family residence.
Section 9. Chapter 25.60 is amended to read as follows:
Chapter 25.60 ACCESSORY STRUCTURES IN R-1 AND R-2 DISTRICTS
Sections:
25.60.010 Conditional use permit requirements.
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25.60.010 Conditional use permit requirements.
Accessory structures in the R-1 or R-2 districts shall be a conditional use requiring a conditional
use permit if any of the following will exist:
(a) Two (2) or more accessory structures, each having over one hundred (100) square feet
gross floor area, will exist on a single lot, except that there may be two (2) accessory structures if one is a
secondary dwelling unit which complies with the provisions of Chapter 25.59 and obtains a Secondary
Dwelling Unit Permit;
(b) Any single accessory structure will exceed six hundred (600) square feet of gross floor
area; except
that an accessory structure
containing a secondary dwelling
unit which complies with the
provisions of
Chapter 25.59 and obtains
a Secondary Dwelling Unit Permit
may be up to 640 square feet.
(c)
All accessory structures
on a single lot will exceed a total
of eight hundred (800) square
feet gross floor area;
(d) An accessory structure will occupy any portion of the lot in front of the main building;
provided, where a dwelling has been erected on the rear sixty (60) percent of the lot prior to January 15,
1954, a garage may be erected in front of the main building, but not in any portion of the front setback;
(e) An accessory structure will be erected closer than four (4) feet to any other structure on
the same lot;
(f) Accessory structures will cover more than fifty (50) percent of the rear 30 (thirty) percent
(g) The plate line of the accessory structure will be more than nine (9) feet above grade at
the closest point between the plate line and adjacent grade;
(h) The roof height of the accessory structure will exceed ten (10) feet above grade, except
the height may be increased one foot for each foot of separation from an adjacent property line, up to a
maximum height of fourteen (14) feet, provided:
(1) Where the lot slopes more than ten (10) percent at the location of the accessory
structure, the maximum height shall be four (4) feet above the plate line;
(2)
The portion of the structure at
the rear
property line may have
a maximum height
of
fourteen (14)
feet if the structure has a pitched
roof on
both sides and the rear
plate line does not
exceed
nine (9) feet above the natural grade;
(3) The roof height of an accessory structure may have a maximum height of fifteen (15) feel
above grade when the roof is pitched from ridge to plate on at least two (2) sides, and the ridge is no
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closer than five (5) feet to a side property line, and the rear plate line does not exceed nine (9) feet above
the natural grade; and
(4) No portion of the space within any accessory structure between the top of plate and the
lowest portion of the roof structure including any dormer shall exceed seven (7) feet in height.
(i) Glazed openings of the accessory structure will be within ten (10) feet of the property line
or any portion of a glazed opening will be higher than ten (10) feet above grade;
Q) Water or sewer connections to the accessory structure will exceed building code
minimums or the accessory structure will contain any shower, bath or toilet;
(k) The accessory structure will enclose mechanical equipment, excluding air conditioning
equipment, which is designed to operate on a regular or continuous basis, which may be objectionable
because of loudness, hours of operation, odor or other reason, and which is to be located less than
twenty (20) feet from any structure for habitation, or less than ten (10) feet from any property line;
provided such shall be allowed without a special permit if the building official approves the structure as
adequately sound insulated;
(1) Storage of household goods, tools or equipment in the accessory structure will exceed
ten (10) percent of the gross floor area of the main dwelling structure;
(m) Any portion of the accessory structure will be used for accessory living quarters,
recreation purposes or for use in a home occupation; except for an accessory structure containing a
secondary dwelling unit which complies with the provisions of Chapter 25.59 and obtains a Secondary
Dwelling Unit Permit does not require a Conditional Use Permit.
(n) The accessory structure will be a greenhouse, lathhouse, lanai, patio shelter or similar
structure exceeding one hundred twenty (120) square feet of gross floor area.
Section 10. Chapter 25.66 is added to read as follows:
Chapter 25.66 REQUESTS FOR REASONABLE ACCOMMODATION FOR ACCESSIBILITY
Sections:
25.66.010 Purpose,
25.66.020 Applicability.
25.66.030 Application Requirements.
25.66.040 Review Procedure,
25.66.050 Findings.
25.66.060 Decisions.
25.66.070 Appeal.
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25.66.080
Effect of Chapter.
25.66.010 Purpose.
The purpose of this chapter is to provide a formal procedure to request reasonable
accommodation for persons with disabilities seeking equal access to housing under the Federal Fair
Housing Act and the California Fair Employment Act (the Acts) in the application of zoning laws and other
land use regulations, policies and procedures, and to establish relevant criteria to be used when
considering such requests.
25.66.020 Applicability.
In order to make specific housing available to an individual with a disability, any person may
request a modification or exception to the rules, standards and practices for the siting, development and
use of housing or housing -related facilities that would eliminate regulatory barriers and provide a person
with a disability equal opportunity to housing of their choice. Typical improvements which may be
considered for reasonable accommodation provisions include ramps, walls, handrails, elevators or lifts, or
other similar physical improvements necessary to accommodate a person's disability. The reasonable
accommodation would allow exceptions to setback, lot coverage and floor area provisions of the zoning
code that are deemed necessary to accommodate these improvements.
A person with a disability is a person who has a physical or mental impairment that limits or
substantially limits one or more major life activities, anyone who is regarded as having such impairment,
or anyone who has a record of such impairment. This Chapter applies only to those person who are
defined as disabled under the Acts.
25.66.030 Application Requirements.
(a) Requests for reasonable accommodation shall be initiated by submitting a completed
application form to the community development director, signed by the property owner, together with the
appropriate fee, as established by resolution adopted by the city council, and shall be filed in the office of
the planning division of the community development department. The following information shall be
included with the application:
(1) The applicant's name, address and telephone number;
(2) Address of the property for which the request is being made;
(3) The current use of the property;
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(4) The basis for the claim that the individual is considered disabled under the Acts, incl
supporting medical documentation from a qualified medical expert in support of the request for
accommodation;
k The zoning code provision or other city regulation or policy from which the reasonable
accommodation is being requested; and
(6) An explanation of why the reasonable accommodation is necessary to make the specific
property accessible to the individual.
(b) Review with other planning applications. If the project for which the request for
reasonable accommodation is being made also
requires some other discretionary approval under this
Title (including but not limited
to design review,
conditional
use permit, or variance), the application shall
be submitted and reviewed at
the same time as
the related
applications.
25.66.040 Review Procedure.
Notwithstanding any other provisions of this chapter, the community development director shall
have the authority to consider and take action on requests for reasonable accommodation. The
application shall be reviewed ministerially without discretionary review or public hearing. If the application
s granted because the requirements are met and the findings made, the applicant may proceed with a
building permit. If the application is submitted concurrent with an application requiring discretionary
review, the procedures for the discretionary review shall be followed.
25.66.050 Findings
Required Findings for Reasonable Accommodations.
Any decision on an application under
this
chapter shall be supported by written
findings
addressing the criteria
set forth in this section.
In
making a determination regarding the
reasonableness
of a requested accommodation, the following findings shall be made:
(a) The housing that is subject to the request for reasonable accommodation will be used for
an individual with a disability under the Acts.
(b) The request for reasonable accommodation is necessary to make specific housing
available to an individual with a disability under the Acts.
(c) The requested reasonable accommodation does not impose an undue financial or
administrative burden on the community and does not require a fundamental alteration to the City's
zoning requirements, development standards, policies or procedures.
(d) The requested reasonable accommodation would not adversely impact surrounding
properties or uses.
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(e) There are no reasonable alternatives that would provide an equivalent level of benefit
without requiring a modification or exception to the City's applicable rules, standards and practices.
22.66.060 Decisions.
The community development director shall issue a written determination of the action and may
grant or deny the accommodation request based on the request meeting the findings outlined in this
chapter.
22.66.070 Appeals.
The applicant requesting the reasonable accommodation may appeal the community
development director's denial of the request. The appeal shall be submitted to the community
development department within ten (10) calendar days of the community development director's decision.
The appeal shall be heard by the Planning Commission in a public hearing pursuant to the procedures
established for discretionary actions in Chapter 25.16.
22.66.080 Effect of Chapter.
This chapter shall be interpreted and applied in accordance with the Acts; nothing in this chapter
shall be deemed to create greater rights than exist under the Acts.
Section 11. This ordinance shall be published as required by law.
Ma or
I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the
foegoing ordinance was introduced at a regular meeting of the City Council held on the � day of
2011 and adopted thereafter at a regular meeting of the City Council held on the day
of 2011, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCR, DEAL, BROWNRIGG, REIGHRAN, NAGE.
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
cAi A City Clerk
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