Parking Spaces. If the number of on-site parking spaces for a use required by this title contains a fraction, that fraction shall be rounded to the nearest whole number. Any such fraction equal to or greater than 0.50 shall be rounded up to the nearest whole number, and any such fraction less than 0.50 shall be rounded down to the nearest whole number.

Dwelling Units.

Measurements Are Shortest Distance. Where a required distance is indicated, such as the minimum distance between a structure and a lot line, the measurement shall be made at the closest or shortest distance between the two objects, unless otherwise specifically stated.

Distances Are Measured Horizontally. When determining distances for setbacks, all distances shall be measured along a horizontal plane from the appropriate line, edge of building, structure, storage area, parking area, or other object. These distances shall not be measured by following the topography or slope of the land unless otherwise specifically stated.

Measurements Involving a Structure. Measurements involving a structure shall be made to the closest support element of the structure and to improvements that are more than 30 inches above adjacent grade, such as an uncovered deck. Structures or portions of structures that are underground shall not be included in measuring required distances unless otherwise specifically stated.

Buildings or Structures.

Fences, Walls, and Hedges. Except as provided in Section 25.31.070 (Fences, Walls, and Hedges), the height of a fence or hedge shall be measured from the highest adjacent grade.

Lot Width. Lot width is the horizontal distance between the side lot lines measured at right angles to the lot depth line, measured from the front property line or at the required front setback line, whichever is greater.

Lot Depth. Lot depth is the measured distance along an imaginary straight line drawn from the midpoint of the front property line of the lot to the midpoint of the rear property line or to the most distant point on any other lot line where there is no rear lot line.

Generally. The floor area of a building shall be the sum of all floors of a building or buildings, as measured to the outside surfaces of the exterior walls of the structure or structures and including such areas as halls, stairways, covered porches and balconies, elevator shafts, service and mechanical equipment rooms and basements, cellars, and improved space in attic areas.

Parking Excluded. Floor area shall exclude parking garages and parking structures for commercial, industrial, multi-unit and mixed-use buildings, either above ground or underground.

Single-Unit Residential.

Nonresidential.

Mixed Use.

Generally. Structures included in lot coverage calculations shall include building or structures that are 30 inches in height or more above adjacent existing grade and shall be measured from exterior walls, exclusive of projecting, unenclosed architectural features.

Excluded from Lot Coverage. The following features shall not count toward lot coverage.

Generally. All setback distances shall be measured at right angles from the designated property line to the building or structure, and the setback line shall be drawn parallel to and at the specified distance from the corresponding front, side, or rear property line.

Interior Side Setbacks. If front and rear lot lines are equal, the lot width for determining an interior side setback shall be measured from the front property line. If front and rear lot lines are unequal, the setback shall be based on the width of the lot as measured between the midpoints of the two side lot lines.

Rear Property Line Exception. Where no rear property line is within 45 degrees of being parallel to the front lot line, a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line, will be deemed the rear lot line for the purpose of establishing the minimum rear setback.

Sloped Lots. For sloped lots, the measurement shall be made as a straight, horizontal line from the property line to the edge of the structure, not up or down the hill slope.

Flag Lots. For flag lots, the pole portion of the parcel shall not be used for defining setback lines.

Other Irregularly Shaped Lots. For irregular shaped lots not covered herein, the Director will determine setbacks.

General. In residential zones, architectural and similar features may extend into required setback areas as identified in Table 25.30-1 (Allowable Projections into Required Setback in Residential Zones).

Basement lightwells and stairs6 feet; must be uncoveredMechanical equipmentTankless water heaters2 feetEquipment for swimming pools, spas, water featuresAllowed if located 10 feet from property line; may be located closer to property line if enclosed and determined to be adequately sound insulated by Building OfficialAir conditioning equipmentAs established in the Building Code and as regulated by City noise restrictionsPublic utility structuresAllowedB. Basements and Underground Parking Garages. Basements and parking facilities constructed entirely below ground level shall be subject to the following limitations:

Purpose. The purpose of this chapter is to ensure that all development produces quality, desirable places and environments that complement the character of existing and future development, protect the use and enjoyment of neighboring properties, and are consistent with General Plan policy.

Applicability. The standards of this chapter apply to all zoning districts. These standards shall be considered in combination with the standards for each zone in Article 2 (Zoning Districts, Allowable Uses, and Development Standards) and Article 4 (Regulations for Specific Land Uses and Activities). Where there may be a conflict, the standards specific to the zone or specific land use shall override these general standards. All structures, additions to structures, and uses shall conform to the standards of this chapter, as determined applicable by the Director.

Purpose. Regulations applicable to accessory structures are established to ensure that the development and use of accessory structures do not adversely impact abutting properties with respect to drainage, aesthetics, noise, and life safety. Also, these regulations establish standards to prevent the unlawful conversion of accessory structures into unpermitted living space.

Applicability.

Development Standards for the R-1 and R-2 Zoning Districts. The following standards shall apply to accessory structures in the R-1 and R-2 zoning districts. Any proposed accessory structure that does not meet these requirements may be eligible for a minor modification permit pursuant to Chapter 25.74 (Minor Modifications) or a variance pursuant to Chapter 25.84 (Variances).

Development Standards for All Other Zoning Districts. Accessory structures are permitted in other zones provided they meet the development standards for that zoning district.

Purpose and Applicability. The purpose of these regulations is to achieve a balance between concerns for privacy and public concerns for enhancement of the community appearance, visual image of the streetscape, and overall character of neighborhoods, and to ensure the provision of adequate light, air, and public safety. These regulations apply to any type of visible or tangible obstruction that has the effect of forming a physical or visual barrier between properties or between property lines and the public right-of-way, including, but not limited to, any type of artificially constructed barriers of wood, metal, or concrete posts connected by boards, rails, panels, wire, or mesh, and any type of natural growth such as hedges and screen plantings.

Height of Fences in R Districts.

Fence Height in All Other Districts. In all other districts, fences shall be limited to a maximum height of seven feet, provided the last foot in height is of an open design freely allowing light and air to pass through. In the Innovation/Industrial district, a maximum fence height of eight feet is allowed.

Building Permit Required. Any fence exceeding six feet in height, whether alone or atop a wall exceeding six feet in total height, shall require a building permit. In addition, a building permit shall be required for any fence that exceeds three feet in height located on any corner lot.

Fences and Hedges on El Camino Real. No fence or hedge which exceeds three feet in height is permitted within 20 feet of any property line on El Camino Real when such property line is crossed by a driveway for regular vehicle ingress and egress.

Fences in Right-of-Way. Fences shall not be allowed to extend beyond the property line into any right-of-way.

Nonconforming Fences and Hedges. Any existing fence or hedge existing whose height exceeds that specified is nonconforming. The Council may order a nonconforming fence or hedge to be caused to conform upon the Council's conclusion that a public hazard or public inconvenience results from such nonconformance.

Exception for Schools, Playgrounds, and Government Facilities. The regulations of this chapter shall not apply to the construction of metal fences for the protection of schools, playgrounds, and government facilities.

Driveway Gates. Gates across driveways in all zoning districts shall be set back a minimum of 20 feet behind the property line to allow for adequate space to queue vehicles entering the property.

Pilasters. Decorative pilasters, statuary, flowerpots, and similar ornamental elements attached to or incorporated into the design of conforming fences or walls may exceed the required height limit up to 18 inches, provided that the decorative element is not wider than 18 inches and that such elements are used to define a gateway or other entryway or are otherwise at least four feet apart.

Exceptions. Exceptions to the regulations of this section shall be applied for and granted pursuant to the minor modification provisions of Chapter 25.74 (Minor Modifications) of this title.

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 styles) and enclosures for such units.

The following regulations apply to newly installed mechanical equipment for new and existing residential dwellings and mixed-use developments:

Glare. Exterior lighting on all properties shall be designed and located so that the cone of light and/or glare from the lighting element is kept entirely on the property or below the top of any fence, edge, or wall.

Shielded Light Fixtures. On all residential properties, exterior lighting outlets and fixtures shall not be located more than nine feet above adjacent grade or required landing. Only shielded light fixtures which focus light downward shall be allowed, except for illuminated street numbers required by the Fire Department.

Purpose and Applicability. This section establishes standards for the location, development, and operations of trash enclosures to ensure that the storage of trash, green waste, and recyclable materials does not have significant adverse health consequences and does minimize adverse impacts on surrounding properties.

When Required. All new and expanded commercial and industrial projects with a floor area exceeding 500 square feet, all intensifications of commercial and industrial uses, all new multi-unit residential projects located in any zoning district, and all new mixed-use projects shall be required to provide and maintain at least one trash enclosure. Trash enclosures may be located indoors or outdoors to meet the requirements of this section.

Location.

Maintenance. Outdoor trash enclosures required shall be maintained in the following manner:

Design of Enclosure Area.

Purpose and Applicability.

Application and Review Process.

Standards for Development.

Regulatory Agreement.

Purpose. A key defining element of Burlingame is the variety and character of its buildings. These include a range of periods and styles, providing a setting that is unique. The notion that older buildings or districts can have meaning for cities has been proven in cohesive historic neighborhoods, in renewed commercial districts, and in the conservation of landmark structures. The renovation and adaptive reuse of these historic buildings is often a benefit to the community as a whole and the owners of surrounding properties.

Authority for local governments to establish local historic preservation programs is granted in California Government Code Section 37361(b). The purpose of this chapter is to implement the policies contained in Chapter 6.0-Historic Preservation of the Burlingame Downtown Specific Plan and historic preservation policies in the General Plan through a voluntary program that provides property owners with fiscal benefits or zoning and code incentives to preserve historic properties in Burlingame.

Applicability. The City of Burlingame's Historic Resource Preservation Program shall apply citywide or as otherwise may be directed by the Council.

Membership. The members of the City of Burlingame Planning Commission shall act as the Historic Preservation Commission.

Quorum. A quorum of the Commission shall be defined as four voting members. A majority of the voting members, exclusive of absences and recusals, on any item shall be required to carry a motion.

Powers and Duties. The Commission shall have the following powers and duties:

Duty to Create and Maintain. The City shall create and maintain a register of historic architectural resources and historic places. Such register shall contain a listing of properties that: (1) contain an officially designated historic resource, whereby such designation has been applied by a formal process by a Federal, State, or local government agency; and (2) have been identified as having a resource with characteristics that qualify it for receiving an official designation historic resource designation. Such register shall be continuously maintained and updated to include any properties that, through professionally accepted methods of research and reporting and in accordance with professionally accepted criteria, are subsequently identified as a historical architectural resource or historic place.

Downtown Specific Plan Inventory. The October 6, 2008 Inventory of Historic Resources – Burlingame Downtown Specific Plan (Inventory) identifies resources in the City which may be considered historical for purposes of this title. That inventory, as it may be amended from time to time, is considered part of the Historical Architectural and Places Resources Register, as defined in subsection A, above.

Criteria for Including Resources in the Register. The National Register of Historic Places Guidelines (Guidelines) shall be used for determining historical resources. The criteria in subsection (j) of the Guidelines and at least two of the other criteria shall be utilized to determine the significance of a property when considering its inclusion in the Register.

Property Owner Permission Required. Inclusion of a private property on the Historic Register shall only occur upon request of the property owner.

Resources Not Subject to Chapter. Resources are not subject to any provisions of this chapter as result of being included in the Register. The intent of the Register is only to identify resources which are eligible for official designation.

No Prejudice. Properties identified in the Register shall not be prejudiced in any form as a result of being included in the Register.

Incentives. Owners who place their historical resource(s) on the Register are eligible for incentives detailed in Section 25.35.080 (Preservation Incentives).

A structure or resource becomes locally designated only as result of the property owner submitting a Historical Preservation Application to the Community Development Department and having it approved by the Commission.

Any properties that are presently included on the California Register of Historic Places and/or the National Register of Historic Places shall automatically be included on the City's Register as a locally designated resource.

Historic Resource Designation Procedures. Property owners may request placement of resources on the City Register in the following manner:

Deletion from Register. The procedure for deletion of a designated historic resource from the Register shall be as follows:

Review Process. All applications for a building permit for exterior alteration to any designated historic resource shall be reviewed as follows:

Application Process. Requests to conduct exterior alterations to a structure included on the Register shall be subject to the appropriate entitlement application required under Article 6 (Permit Processing Procedures) of this title.

Standards of Review. In evaluating applications, the review body shall consider the project design's consistency with the Secretary of the Interior Standards for Rehabilitation, including, but not limited to, architectural style, design, arrangement, texture, materials and color, and any other pertinent factors. The prime concern should be the exterior appearance of the building site. The proposed alterations shall not adversely affect the historic, character-defining features or the aesthetic value of the building and its site.

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 structures designated as historic resources. The SHBC shall be used for any designated historic resource in the City's building permit procedure.

Development Standards Flexibility. The following shall apply to properties officially designated as a historic resource.

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 zone in which the designated resource is situated, pursuant to the purpose, findings, and conditions expressed in Chapter 25.66 (Conditional Use Permits and Minor Use Permits) and the following additional findings. These provisions are limited to the adaptive reuse of the resource. Any other development on the property shall comply with the provisions of the zoning district in which the property is located.

Mills Act Contracts.

Preservation Easements. Preservation easements on the façades 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 Section 815.

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 Department may nominate all projects implemented within a calendar year for award consideration by the Commission.

Obligation. The owner, occupant, and any person in actual charge of an officially designated historic resource or an improvement, building, or structure subject to the provisions of this chapter are jointly and severally obligated to keep in good repair all of the exterior portions of such improvement, building, or structure, all of the interior portions thereof when specified in the action declaring the property a historic resource, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature.

Standards. Maintenance and repair of designated properties shall be in accordance with the Secretary of the Interior Standards for Rehabilitation.

Authority. The Director shall have the authority to enforce this section, concurrently with the code compliance function of the City, as delineated in Title 1 of the Municipal Code.

Ordinary Maintenance and Repair. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this section that does not involve a change in design, material, or external appearance thereof, nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition, or removal of any such architectural feature when the Director certifies to the Commission that such action is required for the public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code and when such architectural feature can be replaced.

Emergency Demolition. Designated historic resources that have been severely damaged as a result of an earthquake, fire, or other disaster, and which require immediate demolition because the building presents an imminent threat to public safety, shall be exempt from the provisions of this chapter. A determination to demolish an existing building on such grounds shall be made by the Commission acting on the advice and recommendation of the Building Official. In the absence of a quorum of the Commission, or if exigent circumstances exist such that public safety requires immediate action, such a determination may be made by the Building Official in consultation with the Director.

Enforcement and Penalties.

Water-Efficient Landscaping. All landscaping shall conform to Chapter 18.17 (Water Conservation in Landscape) of the Municipal Code and the California Code of Regulations Sections 490-495, Chapter 2.7, Division 2 Title 23 Model Water-Efficient Landscape Ordinance.

Plantings. Landscaped areas shall primarily consist of grass, annuals, perennials, groundcover, shrubs, trees, and other living vegetation, as well as allowed hardscape treatments. Artificial turf may only be used if it is permeable and has a minimum pile height of one and one quarter inches.

Parking Lot Landscaping. All surface parking lots shall conform to the parking lot landscaping standards in Section 25.40.070.D (Parking Lot Landscaping).

Useable Open Space. All required open space shall be usable as defined in Section 25.108.160 ("O" Definitions) and shall include no obstructions other than devices and structures designed to enhance its usability, such as patio covers, trellises, swimming pools, changing facilities, fountains, planters, benches, and landscaping.

Minimum Dimensions.

Minimum Open Space. Minimum open space requirements may be met through private, common, and/or public and quasi-public open spaces.

Purpose. The purposes of this chapter are to:

Applicability. The minimum off-street parking spaces established in this chapter shall be provided for new construction or intensification of use, and for the enlargement or increased capacity and use of land.

Vehicle Parking Spaces to Be Provided.

Use of Required Parking Spaces. Required parking spaces and any portion of the area on a site encompassing the required parking and the required landscaping within the parking area on a site shall not be rented or leased to any party on or off the site or used for some purpose other than that permitted or allowed on the site. These spaces shall be made available and maintained in safe, useable condition for the tenants and their clients or customers, at no charge, except as may be authorized by a City-approved shared parking program or where the City has authorized alternative parking arrangements, such as through a Transportation Demand Management program or unbundled parking approach.

Parking Lifts and Other Mechanical Parking Approaches. The required number of parking spaces may be satisfied with the use of parking lifts and other mechanical parking devices pursuant to Section 25.40.070.H (Mechanical Parking Lifts).

Minimum Number of Spaces Required. Each land use shall be provided at least the number of on-site parking spaces set forth in Table 25.40-1.

Requirements for Single-Unit Dwellings. The following are parking requirements for single-unit dwellings.

Special Requirements for Burlingame Downtown Specific Plan. Notwithstanding any other provision of this Code, the following shall apply to vehicle parking requirements for certain properties within the boundaries ("parking sector") of the Burlingame Downtown Specific Plan, as shown on the Parking Sector Boundaries Map, Figure 3-3 of the Burlingame Downtown Specific Plan.

Broadway Mixed-Use Parking Requirements. Notwithstanding any other provision of this title, the following shall apply to vehicle parking requirements in the Broadway Mixed-Use (BRMU) zoning district:

Outdoor Dining.

Parking Reductions Pursuant to a Minor Modification Approved by the Director. The parking reductions set forth in this section are not additive, except that a project which qualifies for a Parking Adjacent to Transit or Transportation Demand Management reduction may also apply for a shared parking reduction.

Parking Reductions Pursuant to a Special Permit Approved by the Planning Commission. The Planning Commission may approve a parking reduction, which may include exceeding the amounts pursuant to subsection A., above, if the following findings are made:

Reductions and Common Parking. Where there has been a reduction in required parking, all resulting spaces must be available for common use and not exclusively assigned to any individual use. In residential and mixed-use projects, required residential parking may be reserved, but commercial parking must be made available for guests or overflow from residences.

Minimum Bicycle Parking Required. Bicycle parking shall be provided for multifamily residential, public and civic facilities, schools, retail, commercial, office, and industrial uses in accordance with standards set forth in the CalGreen Building Code and/or successor code.

Bicycle Parking Location. Bicycle parking shall be located on a paved surface, in proximity to a building entrance, in a visibly secure and well-lit location, and adjacent to the building served.

Bicycle Parking Minimum Dimensions. The minimum dimensions for outdoor bicycle parking spaces shall be two feet by six feet, plus a five-foot-wide maneuvering space behind the bicycle rack area.

Parking spaces for electric vehicles shall be provided for all uses in accordance with the requirements of the CalGreen Building Standards Code and/or successor code and local City codes, such as the Burlingame Reach Code, whichever yields the greater number of spaces. These dedicated parking spaces shall count toward the minimum required parking spaces for the associated use.

All electric vehicle spaces shall be equipped with electric vehicle charging equipment as set forth in the CalGreen Building Standards Code and/or successor code and local City codes, such as the Burlingame Reach Code, the use of which the property owner or operator may require payment at his or her discretion.

Any charging or similar equipment shall not be placed within the required parking space dimensions and shall not obstruct any pedestrian path of travel.

Electric vehicle charging equipment shall be provided for all new developments and whenever a substantial addition to an existing development is proposed.

Location of Parking and Off-Site Parking. Required parking spaces serving any use shall be located on the same lot as the use they serve, except parking in an off-site parking facility may be provided upon request for a parking variance as follows:

Parking Space and Drive Aisle Dimensions.

Driveways. Driveway standards shall be as follows:

Landscaping in Parking Lots. The following landscaping standards apply to all surface parking lots, in addition to other required landscaping pursuant to Chapter 25.36 (Landscaping and Open Space).

Heat Island Reduction. To reduce ambient surface temperatures in parking areas, at least 50 percent of the areas not landscaped shall be shaded by durable, permanent shade structures, trees, or other approach acceptable to the Director. If shade structures are provided, they shall not count toward limits on lot coverage. If shade is provided by trees, the trees shall be at least 24-gallon in size at installation, be of a variety that provides year-round shade, and be maintained in healthy condition. Trees shall be selected from a list maintained by the Planning Division. If a tree dies or is removed, it shall be replaced.

Compact Parking. Compact car spaces shall be allowed only in industrial and commercial zoning districts in the following ratios. Each compact car space shall be clearly marked "COMPACT CAR." The compact car spaces shall be distributed throughout the parking area.

Tandem Parking.

Mechanical Parking Lifts. In commercial and industrial zones and in mixed-use and multi-unit developments and subject to design review, mechanical parking lifts may be used to satisfy all or a portion of vehicle parking requirements. Up to 25 percent of the required minimum number of spaces may be required to be provided as non-mechanical parking for lift systems unable to accommodate a range of vehicles, including trucks, vans, SUVs, or large sedans. Application submittals shall include any information deemed necessary by the Director to determine parking can adequately and feasibly be provided and that the following performance standards can be met and the following findings for approval can be made:

Valet Parking.

Purpose. This chapter establishes performance standards intended to guard against the use of any property or structure in any zoning district in any manner which would create any dangerous, injurious, noxious, or otherwise objectionable condition or element that adversely affects the health and safety of residents, the community, and the surrounding area and adjoining premises.

Applicability. The minimum requirements in this chapter apply to all land uses in all zoning districts, unless otherwise specified.

Exceptions. Compliance may be waived by the Review Authority if a condition created under prior ordinances physically precludes the reasonable application of the standards. Additional categorical exemptions from compliance with the performance standards are as follows.

Land or buildings shall not be used or occupied in a manner creating any dangerous, injurious, or noxious fire, explosive, or other hazard that would adversely affect the surrounding area.

These performance standards are general requirements and shall not be construed to prevent the Review Authority from imposing, as part of project approval, specific conditions that may be more restrictive, in order to meet the intent of this title.

No use or activity shall be conducted without first obtaining any required permit from the Bay Area Air Pollution Quality Management District.

Uses shall be conducted to prevent dust or other airborne material from crossing property lines.

Shielding. Every existing or proposed use, activity, or process or portion thereof producing glare shall be shielded in such a manner that the glare is not perceptible at or beyond any property line.

Reflective Materials. Highly reflective wall surface material and mirror glass is prohibited if located within view of vehicles in the public right-of-way.

Nonresidential Properties. All uses of nonresidential property shall comply with the provisions of Section 1.16.015 (Nonresidential Property Nuisances) of the Municipal Code.

Residential Properties. All uses of residential property shall also comply with the provisions of Section 1.16.015 (Nonresidential Property Nuisances) of the Municipal Code.

Purpose. The purpose of this chapter is to create the legal framework for a comprehensive and balanced system of signs that will preserve the right of free speech and expression, provide an easy and pleasant communication between people and their environment, and avoid the visual clutter that can be harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance. With these purposes in mind, it is the intent of this chapter to authorize the use of signs that:

Applicability.

Severability. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this chapter is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity or enforceability of the remaining portions of this chapter.

Exempt Signs. Those classes of signs designated in the following sections of this chapter may be erected and maintained in the City without the obtaining of a building permit (unless an electrical permit is required) or sign permit and without the payment of fees. However, all exempt signs are subject to the provisions of Section 25.42.030 (General Requirements for All Signs). In computing the total maximum sign area on any building or parcel for purposes of this chapter, the face area of exempted signs shall not be included.

Signs Required by Law. Signs required by law, including, but not limited to, signs for essential public services, including traffic, fire and police signs, signals, devices and markings of the State, the City, and any other component government authorities; signs of public utility or service companies, including signs showing the placement or location of public utility facilities; and trespass and warning signs, are exempt.

Signs Integrated into Certain Devices. Any sign integrated into or on a coin-operated machine, vending machine, gasoline pump, permitted sidewalk vendor receptacle or telephone booth is exempt.

Signs Not Visible from Right-of-Way. Any sign that cannot be viewed from a public right-of-way is exempt.

Signs Carried by Persons. Any sign carried by a person is exempt, so long as it does not obstruct the use of any public right-of-way.

"For Sale" or "For Rent" Signs. Signs pertaining to the sale, exchange, lease, or rental of the real property on which the sign is located shall be exempt. Not more than one such sign may be placed on any lot or parcel of land, except that two such signs may be placed on any corner lot or parcel, one such sign facing each of the abutting streets. Such signs shall be removed upon the completion of the sale, exchange, lease, or rental of the property.

Construction Project Signs. Signs erected on a construction site used to identify businesses involved in the construction activity are exempt. Such signs shall be wholly contained on the subject construction site and shall be removed when construction activity has been completed.

Window Signs. A premises, or an occupant of a shopping center or multiuse building, may display window signs not to exceed 25 percent of the window area of the façade of the building.

Directional Signs. A premises may display one directional sign at each entrance or exit not more than four square feet in size.

Menu Board Signs at Drive-Through Establishments. Signs used to provide information to customers in drive-through aisles at permitted drive-through establishments are exempt. Such signs shall be sized, oriented, and illuminated (where illumination is provided) to be legible only to customers in the drive-through aisle.

Flags.

General Requirements.

Noncommercial Signs and Messages.

Prohibited Signs. Those classes of signs designated in the following sections of this chapter are expressly prohibited and shall not be erected in any zoning district.

Digital or Changeable Copy. With the exception of fuel price signs and marquee signs on theaters and similar entertainment venues, digital and changeable copy signs are prohibited.

Signs Which Conflict with Traffic Control. Signs which by color, location, or design resemble or conflict with traffic control signs or signals are prohibited, or at any location where, by reason of the position, shape or color it may interfere with, obstruct the view of, or be confused with any authorized traffic sign or signal device; or which makes use of the words "stop," "go," "caution," "look," "danger," or any other word, phrase, symbol or character in such a manner as to interfere with, mislead, or confuse traffic.

Signs on Public Right-of-Way.

Off-Premises Advertising (General Advertising). Signs carrying the advertising of a person, product, or service other than that of the occupant of the parcel on which the sign is placed are prohibited.

Pole Signs. Pole signs, as defined in Article 8 of this title, are prohibited.

Portable Signs. Portable signs on public properties, such as A-board signs, are prohibited, unless specifically otherwise authorized within a Downtown zoning district or the Broadway Mixed-Use zoning district.

Roof Signs, Above-Roof Signs, and Sky Signs. Roof signs, above-roof signs, and sky signs are prohibited. No portion of any sign shall be allowed to extend above the roof.

Signs on Vehicles.

Moving Signs. Any sign is prohibited if all or part of it moves or rotates.

Sky Signs. Any sign attached to, painted on or suspended from a balloon, kite, or similar object secured to real or personal property within the City.

Signs with Flashing Lights. Any sign with animated, moving, or flashing lights, or any sign which, because of flashing lights, brilliant lighting, or reflected light, is a detriment to surrounding properties or prevents the peaceful enjoyment of residential uses, is prohibited.

Administration and Enforcement. The provisions of this chapter shall be administered and enforced by the Director or designee. All other officers and employees of the City shall assist and cooperate with the Director in administering and enforcing the provisions of this chapter.

Sign Permit Required. No person shall erect or display any sign unless the Director has issued a permit for the sign or unless this chapter exempts the sign from the permit requirement.

Sign Permit Limitations. The Director shall apply the standards of this chapter upon the filing of an application for a sign permit to ensure that the following limitations are observed:

Frontage and Sign Area Calculations. In the commercial, industrial, and mixed-use zoning districts, where maximum signage is related to frontage, the following procedures shall determine that frontage for purposes of this chapter:

Existing Signs. Each premises shall be entitled to sign area within the limitations set forth in this chapter. However, the area of all existing signs to remain shall be included with any new signs in calculating the maximum total sign area allowed on a parcel.

Sign Permit Application – Information Required and Process.

Time Limit for Exercise of Sign Permit. In all cases where a sign permit has been approved, a building permit shall be obtained and the sign(s) erected within a period not to exceed six months from date of approval. In the event such sign or signs are not erected within this period, the permit shall become null and void.

No Permit Required. Signs specifically exempted from the provisions of this chapter as specified in Section 25.42.020 (Exempt Signs) are exempt from the permit requirement.

Building Permit Required. No person shall erect, move, alter, change, repair, replace, suspend, or attach any sign, or portion thereof, or cause the same to be done without first obtaining from the Building Official a permit in writing to do so and paying therefor the fees prescribed for such building permit. Upon receipt of a building permit application, and evidence of a valid sign permit issued by the Director, the Building Official shall then examine the plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure. If it appears that the proposed structure is in compliance with all the requirements of this chapter, the California Building Code in effect at that time, and all other applicable laws and ordinances of the City, the Building Official shall then issue the building permit. Replacement of an existing sign face on a sign cabinet shall not require a sign permit nor a building permit.

Appeal – Decision of Director. Any applicant who is denied a permit for the display of a sign under the provisions of this title may file a written appeal to the Commission within 10 days of the date of the Director's decision. The appeal must be made in writing pursuant to the provisions of Chapter 25.98 (Appeals) of this title, and any applicable fee shall be paid.

Appeal – Decision of Commission. Any decision of the Commission can be appealed to the Council pursuant to the provisions of Chapter 25.98 (Appeals) of this title, and any applicable fee shall be paid.

Purpose. The purpose of a master sign program is to integrate all signs proposed for a single development project with the overall site and structure design to present a unified architectural statement. A master sign program provides a means for the flexible application of sign regulations for projects that require multiple signs and/or unique signs and to achieve, not circumvent, the purpose of this section. A sign program shall not be used to circumvent the City's prohibition on new off-site signs or any other prohibited sign.

When Required. The approval of a master sign program shall be required whenever any of the following circumstances exists. A master sign program may be requested in circumstances other than those outlined in subsections B.1 through B.3, below, but is not required.

Signs Above the First Building Story. Where signs are not specifically authorized by this chapter for placement on a building above the first story, a master sign program application may be prepared to request placement above the first story. Any proposed such placement shall comply with the following:

Findings and Decision. The following findings are required to be made by the responsible Review Authority for the approval of a master sign program application, with or without conditions:

Sign Height. The height of a sign shall be measured from the highest part of the sign, including any decorative features, to the highest elevation of the adjoining finished grade directly beneath the sign. See Figure 25.42-2.

Sign Area.

Types of Permanent Signs and Where Permitted. This section identifies the types of permanent signs permitted, where specific sign types are permitted in various zoning districts, and the limitations on the establishment of such signs.

Awning, Canopy, and Marquee Signs.

Combination Signs. Combination signs are signs which have features or characteristics normally found in signs of more than one classification, and shall meet all the requirements for construction, height, location, supports, illumination, or other specifications for each sign type. Where different standards are specified for the sign types, the more restrictive shall apply.

Freestanding Signs. As defined in Article 8 (Definitions), freestanding signs include both monument signs and pylon signs.

Projecting Signs.

Wall Signs.

Permitted Signs in the R-1 and R-2 Zoning Districts.

Permitted Signs in the R-3 and R-4 Zoning Districts. No signs shall be erected or maintained in any R-3 or R-4 zoning district except the following:

Permitted Signs in the C-1, BAC, BMU, CAC, CR, DAC, HMU MMU, BRMU, CMU, and NBMU Zoning Districts.

Permitted Signs in the Downtown California Drive Auto Row (CAR) Zoning District and For Vehicles Sales Not Located Within the CAR Zoning District.

Permitted Signs in the Bayfront Commercial (BFC) Zoning District.

Permitted Signs in the Innovative Industrial (I-I) and North Rollins Mixed-Use (RRMU) Zoning Districts.

Purpose. In addition to Section 25.42.010 (Purpose and Applicability) of this chapter, the purpose of this section is to ensure that temporary signs do not create a distraction to the traveling public by limiting the proliferation of temporary signs and eliminating aesthetic blight and litter that are detrimental to the public's health, safety, and general welfare.

General Standards for All Temporary Signs.

Sign Materials. Temporary signs shall be made of durable, weather-resistant materials, as determined by the Director.

Illumination Prohibited. Temporary signs shall not be illuminated.

Sign Placement.

Temporary Signs in Residential Zoning Districts. See Section 25.42.020 (Exempt Signs) for permitted temporary sign types and standards in residential zoning districts, including temporary signs displaying noncommercial messages or residential activities, such as yard sales, new construction, and advertisement for a property that is for sale, rent, or lease.

Temporary Signs in Nonresidential Zoning Districts. Temporary signs shall comply with the standards set forth in this subsection. Table 25.42-7 identifies the sign type, number, location, area, and height allowed within nonresidential zoning districts, along with any applicable additional regulations. The standards contained in Table 25.42-7 are maximums, unless otherwise stated. The signs in Table 25.42-7 are allowed in any combination unless otherwise noted in this subsection. However, businesses shall not display more than five temporary signs at any one time, except for allowed window signs.

Temporary Sign Type Standards.

Signs and Banners of a Civic Nature. The City Manager or designee may, upon written application to the Manager, issue administrative sign permits for temporary signs and banners announcing a community event sponsored by a charitable or educational group in the City at no more than two places in the City. The City Manager shall, prior to issuance of a permit, require recommendations regarding matters of safety, construction, and location from applicable City departments, and shall ensure that all the following conditions are fulfilled:

Change and Modification. A nonconforming sign or sign structure shall be brought into conformity with this chapter if it is altered, reconstructed, replaced, or relocated. A change in copy is not an alteration or replacement for purposes of this section.

Maintenance. Nonconforming signs must be maintained in good condition. Maintenance required by this section shall include replacing or repairing of worn or damaged parts of a sign or sign structure in order to return it to its original state and is not considered to be a change or modification prohibited by Section 25.42.040 (Prohibited Signs).

Removal. Removal of a nonconforming sign, or replacement of a nonconforming sign with a conforming sign, is required when:

General Requirements. Where a legal nonconforming use exists, any signs to be erected shall require application to and approval by the Director. The number of signs permitted on the building or parcel, the size and nature thereof, and their location on the property shall be determined by the provisions of this title applicable to such property as if it were classified for the actual use then existing. However, the Director may modify such standards if it is determined that the use or condition of adjacent parcels makes such standards inappropriate because the illumination, location, or size of the signage would unreasonably interfere with the quiet enjoyment and use of one or more adjacent parcels.

Purpose. The purpose of this chapter is to:

Applicability. The requirements of this chapter apply to:

Alternative Commute Subsidies/Parking Cash Out. Provide employees with a subsidy, determined by the applicant and subject to review by the Director, if they use transit or commute by other alternative modes.

Promotional Programs. Promotion and organization of events for the following programs: new tenant and employee orientation packets on transportation alternatives; flyers, posters, brochures, and emails on commute alternatives; transportation fairs; Spare the Air (June through October); Rideshare Week (October); trip planning assistance routes and maps.

Information Boards/Kiosks. Display of the following information in a prominent location, maintained by a designated TDM contact: transit routes and schedules; carpooling and vanpooling information; bicycle lanes, routes and paths and facility information; and alternative commute subsidy information.

Bicycle Connections. If a site is abutting a bicycle path, lane or route, provision of a bicycle connection close to an entrance to the building on the site.

Bicycle Parking, Short-Term. Secure short-term bicycle parking located within 50 feet of a main entrance to the building.

Bicycle Parking, Long-Term. Covered and secure long-term bicycle parking located within 75 feet of a main entrance. Long-term bicycle parking must be in at least one of the following facilities:

Carpool and Vanpool Ride-Matching Services. Matching of potential carpoolers and vanpoolers by administering a carpool/vanpool matching program.

Free Preferential Carpool and Vanpool Parking. Ten percent of vehicle spaces reserved for carpools or vanpools, with a minimum of one space required. The preferential parking spaces shall be provided free of charge.

Guaranteed Ride Home. Guaranteed rides home in emergency situations for carpool, vanpool and transit riders. Rides shall be provided either by a transportation service provider (taxi or rental car) or an informal policy using company vehicles and/or designated employees.

Compressed Work Week. Allow employees or require tenants to allow employees to adjust their work schedule in order to complete the basic work requirement of five eight-hour workdays by adjusting their schedule to reduce vehicle trips to the worksite.

Flextime. Provide or require tenants to provide employees with staggered work hours involving a shift in the set work hours of all employees at the workplace or flexible work hours involving individually determined work hours.

Telecommuting. Provide or require tenants to provide opportunities and the ability for employees to work off site.

Passenger Loading Zones. Passenger loading zones for carpool and vanpool drop-off located near the main building entrance.

Direct Route to Transit. A well-lighted path or sidewalk utilizing the most direct route to the nearest transit or shuttle stop from the building.

Shuttle Program. Provision of a shuttle program or participation in an existing shuttle program approved by the Director and subject to any fees for the existing program.

Pedestrian Connections. Safe, convenient pedestrian connections provided from the project to surrounding public streets and, if applicable, trails. Under this requirement, lighting, landscaping and building orientation are designed to enhance pedestrian safety.

On-Site Amenities. One or more of the following amenities provided on site: ATM, day care, cafeteria, limited food service establishment, dry cleaners, exercise facilities, convenience retail, post office, on-site transit pass sales.

Showers/Clothes Lockers. Shower and clothes locker facilities free of charge.

Transportation Management Association (TMA). Participation in or requirement for tenant to participate in a local TMA, the Peninsula Congestion Relief Alliance (Alliance) or a similar organization approved by the Director, that provides ongoing support for alternative commute programs.

Land Dedication for Transit/Bus Shelter. Where appropriate, land dedicated for transit or a bus shelter provided based on the proximity to a transit route.

Other Measures. Additional measures not listed in this chapter, such as child care facilities or an in-lieu fee that would be negotiated in a development agreement with the City.

Checklist. A completed checklist of the trip reduction measures chosen by the applicant pursuant to Section 25.43.030 above, above, Trip Reduction Measures.

Trip Generation. Estimated daily trip generation for the proposed use based on the ITE trip generation rates.

Implementation Plan. A description of how the required minimum vehicle trip generation reduction will be achieved and maintained over the life of the project, including, but not limited to, the transportation demand management goals targeted for the various measures.

Site Plan. A site plan that designates transportation demand management design elements including:

The proposed trip reduction measures are feasible and appropriate for the project, considering the proposed use or mix of uses and the project's location, size, and hours of operation; and

The proposed trip reduction measures will ensure that the required vehicle trip generation reduction established for the project by this chapter will be achieved and maintained.

Minor Modifications. The Director may approve minor modifications to an approved transportation demand management plan that are consistent with the original findings and conditions approved by the Review Authority and would result in the same target minimum vehicle trip generation reduction.

Changed Plans. A change in an approved project that would result in the addition of 10 percent of the building area or a 10 percent increase in the number of average daily trips shall be treated as a new application.

An annual TDM report is required for all projects subject to the requirements of this chapter, with the exception of new multi-unit developments with 25 or fewer units.

Designated TDM Contact. Designation of an employee or resident as the official contact for the TDM program. The City shall be provided with a current name and phone number of the designated TDM contact who administers carpool and vanpool ride-matching services and promotional programs, updates information on the information boards/kiosks, and is the official contact for the administration of the TDM annual report.

Report Preparation. A TDM annual report shall be prepared by a qualified, independent consultant and paid for by the owner (or if applicable, tenant) and submitted to the City of Burlingame annually. The initial, or baseline, driveway trip count report shall be conducted and submitted one year after the granting of a certificate of occupancy for 75 percent or more of the project and annually after that.

Report Information. The TDM annual report shall consist of a quantitative measure of whether the volumes at the site's driveways are meeting the goal. The TDM annual report shall provide information about the level of alternative mode-uses and/or provide trip counts, and in the event a 20 percent reduction in peak-hour vehicle trips and reduction in overall parking demand is not met, the report shall explain how and why the goal has not been reached; in such a circumstance the annual report shall identify a work plan, to be approved by the City of Burlingame, which describes additional or alternative measures for implementation that would be necessary to enhance the TDM program to attain the TDM goal of a 20 percent reduction in peak-hour vehicle trips.

Evaluation. The City may consider whether the employer/tenant has made a good faith effort to meet the TDM goals and may allow the owner (or if applicable, tenant) a six-month "grace period" to implement additional TDM measures to achieve the 20 percent vehicle trip reduction.

Encourage the development and availability of housing affordable to a broad range of households with varying income levels within the City as mandated by State law, California Government Code Section 65580, and following.

Offset the demand for affordable housing that is created by new development and mitigate environmental and other impacts that accompany new commercial development by protecting the economic diversity of the City's housing stock; reducing traffic, transit and related air quality impacts; promoting jobs/housing balance; and reducing the demands placed on transportation infrastructure in the region.

Promote the City's policy to provide an adequate number of affordable housing units to the City's housing stock in proportion to the existing or projected need in the community, as identified by the Housing Element.

Support the Housing Element goal of providing housing opportunities for those who work in Burlingame.

Support the Housing Element goal of achieving increased affordability of housing.

Support the Housing Element policy of developing of a variety of housing types that are affordable to very low-income and extremely low-income households.

Support the Housing Element goal of preserving residential character by encouraging maintenance, improvement and rehabilitation of the City's neighborhoods and housing stock.

Initial fees shall be imposed on new commercial development projects as set forth in the City's Master Fee Schedule, as it may be updated time to time. Fees shall be based on the calculation of gross square feet of floor area, excluding enclosed parking areas, and shall include a credit for existing uses. Commercial linkage fees shall not exceed the cost of mitigating the impact of the commercial development projects on the need for affordable housing in the City.

For the purposes of this chapter, commercial use includes hotels, retail uses, restaurants, services, and offices.

The following commercial development projects are exempt from the provisions of this chapter:

The Council may elect to waive payment of the commercial linkage fee if it finds that: (1) the commercial development project is dedicated to a public use owned and operated by other public agencies or a nonprofit public benefit corporation; and (2) the benefits to the community provided by such public use exceed those that would be provided by the payment of the commercial linkage fee. If the Council elects to waive commercial linkage fees pursuant to this provision, the public use of the site shall be guaranteed by a recorded document in a form acceptable to the City Attorney.

The Council by resolution may adopt additional exemptions from time to time.

Special Revenue Fund. A fund for the deposit of fees established under this chapter shall be established and may also receive moneys for housing from other sources.

Purpose and Limitations. Moneys deposited in the fund shall be used to increase and improve the supply of housing affordable to moderate-, low-, very low-, and extremely low-income households. Such purpose includes the purchase of affordability covenants or similar initiatives whose purpose is to preserve existing affordable housing that may otherwise be lost due to market conditions. Moneys may also be used to cover reasonable administrative or related expenses associated with the administration of this chapter.

Administration. The fund shall be administered by the Administrator, who may develop procedures to implement the purposes of the fund consistent with the requirements of this chapter and subject to any adopted budget of the City and generally applicable accounting and procurement processes.

Expenditures. Fund moneys shall be used in accordance with the City's Housing Element or subsequent plans adopted by the City Council to maintain or increase the quantity, quality, and variety of affordable housing units or assist other governmental entities, private organizations or individuals to do so. Permissible uses include, but are not limited to, land acquisition, debt service, parcel assemblage, gap financing, housing rehabilitation, grants, unit acquisition, new construction, and other pursuits associated with providing affordable housing. The fund may be used for the benefit of both rental and owner-occupied housing.

The builder of a project subject to this chapter may request that the requirements of this chapter be waived or modified by the City Council, based upon the absence of any reasonable relationship or nexus between the impacts of the development and either the amount of the fee charged or the type of facilities to be financed.

The application shall be made in writing and filed with the Director not later than:

The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment.

The Council shall consider the application at a public hearing held within 60 days after the filing of the fee adjustment application. If a reduction, adjustment, or waiver is granted, any change in use within the development project shall invalidate the waiver, adjustment, or reduction of the fee. The decision of the City Council is final.

Payment of the commercial linkage fee is the obligation of the builder of a commercial development project. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including, but not limited to, actions to revoke, deny, or suspend any permit or development approval.

The City Attorney shall be authorized to enforce the provisions of this chapter and all below market rate housing agreements, regulatory agreements, and all other covenants or restrictions placed on affordable units, by civil action and any other proceeding or method permitted by law.

Failure of any official or agency to fulfill the requirements of this chapter shall not excuse any builder or owner from the requirements of this chapter. No permit, license, map, or other approval or entitlement for a commercial development project shall be issued, including, without limitation, a final inspection or certificate of occupancy, until all applicable requirements of this chapter have been satisfied.

Encourage the development and availability of housing affordable to a broad range of households with varying income levels within the City as mandated by State law, including California Government Code Section 65580 and related provisions.

Offset the demand for affordable housing that is created by new development and mitigate environmental and other impacts that accompany new residential development by protecting the economic diversity of the City's housing stock; reducing traffic, transit, and related air quality impacts; promoting jobs/housing balance; and reducing the demands placed on transportation infrastructure in the region.

Promote the City's policy to provide an adequate number of affordable housing units to the City's housing stock in proportion to the existing or projected need in the community, as identified by the Housing Element.

Support the Housing Element goal of providing housing opportunities for those who work in Burlingame.

Support the Housing Element goal of achieving increased affordability of housing.

Support the Housing Element policy of developing of a variety of housing types that are affordable to very low-income and extremely low-income households.

Support the Housing Element goal of preserving residential character by encouraging maintenance, improvement, and rehabilitation of the City's neighborhoods and housing stock.

Initial fees shall be imposed on new residential development projects as follows:

Fees shall be based on the calculation of the residential floor area as defined in this chapter and shall include a credit for existing uses. The Council may amend these fees through the public hearing process for the City's Master Fee Schedule. Residential impact fees shall not exceed the cost of mitigating the impact of the residential development projects on the need for affordable housing in the City.

Rental projects that convert to condominiums within 10 years of completion of construction would be subject to the fee differential between rental and for sale units as a condition of conversion. The fee differential shall be based on the fee structure in place at the time of conversion to condominiums, minus the fees originally submitted at the time of construction.

The following residential development projects are exempt from the provisions of this chapter:

The Council may elect to waive payment of the residential impact fee if it finds that: (1) the residential development project is dedicated to a public use owned and operated by other public agencies or a nonprofit public benefit corporation; and (2) the benefits to the community provided by such public use exceed those that would be provided by the payment of the residential impact fee. If the Council elects to waive residential impact fees pursuant to this provision, the public use of the site shall be guaranteed by a recorded document in a form acceptable to the City Attorney.

The Council by resolution may adopt additional exemptions from time to time.

Alternatives Available to Projects Requiring an Impact Fee. As an alternative to compliance with the impact fee requirements included in this chapter, developers of residential projects may propose to mitigate the affordable housing impacts of such development through the construction of affordable units on site or through an alternative mitigation program proposed by the developer, such as the provision of off-site affordable units, donation of land for the construction of affordable units, or purchase of existing units for conversion to affordable units. Any such alternative must include a guarantee of affordability for a period of 55 years. The Commission may approve the provision of affordable units on site, consistent with the requirements set forth in subsection B., below, as part of its review of the project. For all other alternatives, the Director shall analyze the proposal and provide advice to the Council which, in its sole discretion, shall determine whether the proposed alternative is sufficient to meet the objectives of this chapter.

The provision of on-site affordable units in lieu of payment of residential impact fees shall be allowed as of right, provided the project meets the following criteria:

Approval of Off-Site Affordable Units. If a developer proposes off-site affordable units or any other alternative in the affordable housing plan required under Section 25.45.080 (Affordable Housing Plan and Agreement), the Council may, in its sole discretion, approve such a proposal if it finds the proposal meets the following conditions:

Other Alternatives. The Council may consider an alternative mitigation program proposed by the developer, such as donation of land for the construction of affordable units, purchase of existing units for conversion to affordable units or alternatives to Section 25.45.090 (Standards for Development).

Agreement with City for Financing. If the City enters into a financing agreement with the applicant, the parties may agree to alter the requirements of Section 25.45.090 (Standards for Development).

If the builder seeks an alternative to the payment of the residential impact fee pursuant to Section 25.45.070 (Alternatives), the application for the first approval of a residential development project for which the alternative is sought shall include an "affordable housing plan" that describes how the alternative will comply with the provisions of this chapter. No affordable housing plan is required if the builder proposes only to pay the residential impact fee.

After approval of the application, the applicant shall enter into a regulatory agreement with the City. The terms of this agreement shall be approved as to form by the City Attorney's office and reviewed and revised as appropriate by the reviewing City official. This agreement shall be on a form provided by the City and shall include the following terms:

The required affordable dwelling units shall be constructed concurrently with market-rate units unless both the final decision-making authority of the City and developer agree within the affordable housing agreement to an alternative schedule for development.

The exterior design and construction of the affordable dwelling units shall be consistent with the exterior design and construction of the total project development and shall be consistent with any affordable residential development standards that may be prepared by the City.

The affordable units shall have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential development, provided at an affordable rent as defined in Section 25.45.020 or at affordable ownership cost as defined in Section 25.45.020. Developers are strictly prohibited from discriminating against tenants or owners of affordable units in granting access to and full enjoyment of any community amenities available to other tenants or owners outside of their individual units.

A regulatory agreement, as described in Section 25.45.080 (Affordable Housing Plan and Agreement), shall be made a condition of the discretionary permits for all developments pursuant to this chapter. The regulatory agreement shall be recorded as a restriction on the development.

Special Revenue Fund. A fund for the deposit of fees established under this chapter shall be established and may also receive monies for housing from other sources.

Purpose and Limitations. Monies deposited in the fund shall be used to increase, improve, and/or protect the supply of housing affordable to moderate-, low-, very low-, and extremely low-income households. Such purpose may include, but not be limited to, the construction of new affordable units, the purchase of affordability covenants or similar initiatives whose purpose is to preserve existing affordable housing that may otherwise be lost due to market conditions, and support to workforce households experiencing unanticipated short-term income disruptions. Monies may also be used to cover reasonable administrative or related expenses associated with the administration of this chapter.

Administration. The fund shall be administered by the Administrator, who may develop procedures to implement the purposes of the fund consistent with the requirements of this chapter and subject to any adopted budget of the City and generally applicable accounting and procurement processes.

Expenditures. Fund monies shall be used in accordance with the City's Housing Element, or subsequent plans adopted by the Council to maintain or increase the quantity, quality, and variety of affordable housing units or assist other governmental entities, private organizations or individuals to do so. Permissible uses include, but are not limited to, land acquisition, debt service, parcel assemblage, gap financing, housing rehabilitation, grants, unit acquisition, new construction, and other pursuits associated with providing affordable housing. The fund may be used for the benefit of both rental and owner-occupied housing.

The builder of a project subject to this chapter may request that the requirements of this chapter be waived or modified by the Council, based upon the absence of any reasonable relationship or nexus between the impacts of the development and either the amount of the fee charged or the type of facilities to be financed.

The application shall be made in writing and filed with the Director not later than:

The Council shall consider the application at a public hearing held within 60 days after the filing of the fee adjustment application. If a reduction, adjustment, or waiver is granted, any change in use within the development project shall invalidate the waiver, adjustment, or reduction of the fee. The decision of the Council is final.

Payment of the residential linkage fee is the obligation of the builder of a residential development project. The City may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including, but not limited to, actions to revoke, deny, or suspend any permit or development approval.

The City Attorney shall be authorized to enforce the provisions of this chapter and all below market rate housing agreements, regulatory agreements, and all other covenants or restrictions placed on affordable units, by civil action and any other proceeding or method permitted by law.

Failure of any official or agency to fulfill the requirements of this chapter shall not excuse any builder or owner from the requirements of this chapter. No permit, license, map, or other approval or entitlement for a commercial development project shall be issued, including, without limitation, a final inspection or certificate of occupancy, until all applicable requirements of this chapter have been satisfied.

The remedies provided for in this chapter shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.

The following public facilities impact fees are established and imposed on the issuance of development permits within the City as determined by resolution of the Council:

In establishing and imposing the schedule and application of the public facilities impact fees by resolution, the Council will do the following:

Upon receipt of a fee subject to this chapter, the City shall deposit, invest, account for and expend the fees pursuant to Government Code Section 66006. The City shall retain fee interest accrued and allocate it to the accounts for which the original fee was imposed.

Each fee collected pursuant to this chapter shall be deposited in a special fund created to hold the revenue generated by each such fee. Moneys within each such fund may be expended only by appropriation by the Council for specific projects which are of the same category as that for which the money was collected. In this regard, the following special funds are created and established for the purposes indicated:

The City Manager shall provide a report on these funds to the Council no less than once a year in accordance with Government Code Section 66006.

The uses in the development project approved by the City shall be utilized in the computation of fees required to be paid with respect to any property. If a parcel contains more than one use, then the applicable fees shall be prorated by square footage or dwelling units, as appropriate, attributable to each use.

The fees shall be based on the uses, the number of dwelling units, and the amount of square footage to be located on the property after completion of the development project. New development that, through demolition or conversion, will eliminate existing development is entitled to a fee credit offset if the existing development is a lawful use under this title, including a nonconforming use.

New development that will replace development that was partially or totally destroyed by fire, flood, earthquake, mudslide, or other casualty or act of God, is entitled to a fee credit offset if the development that was partially or totally destroyed was a lawful use under this title, including a nonconforming use, at the time of the destruction.

All fees due under this chapter shall be determined and calculated by the Director or designee.

The following shall be exempted from payment of applicable public facilities impact fees:

For purposes of this section:

Fees shall be paid at or before the time of issuance of the first required development permit for a development project. However, if the development project is a residential project as defined in Government Code Section 66007, then the time for payment of fees shall be governed by the provisions of Section 66007.

The fee shall be determined by the fee schedule in effect on the date the vesting tentative map or vesting parcel map is approved, or the date a development permit is issued.

When application is made for a new building permit following the expiration of a previously issued building permit for which fees were paid, a new fee payment shall not be required, unless the fee schedule has been amended during the interim; in this event, the appropriate increase or decrease shall be applied to permit issuance.

In the event that development has already lawfully occurred on a parcel for which public facilities impact fees were imposed, fees shall be required only for additional square footage of development that was not included in computing a prior fee.

When a fee is paid for a development project and that project is subsequently reduced so that it would have been entitled to a lower fee, the City shall issue a prorated refund of the paid fee.

When a fee is paid for a development project and the project is subsequently and irrevocably abandoned in writing without any further activity beyond the obtaining of a first development permit, the payer shall be entitled to a refund of the fee paid, minus the administrative portion of the fee. A written request for a refund of a fee paid in connection with an expired or abandoned development project must be made to the Director within 120 days of the expiration of the permit. Failure to submit the request within this time limit shall constitute a waiver of any right to any refund of the fee, and the fee shall be retained in and expended from the fund to which it was deposited.

In-lieu Credit.

Developer Construction of Facilities Exceeding Needs Related to Development Project. Whenever an applicant is required, as a condition of approval of a development permit, to construct any facility or improvement (or a portion thereof) referenced in a resolution adopted which is determined by the City to exceed the need therefor attributable to and reasonably related to the given development project, a reimbursement agreement with the applicant and a credit against the specific relevant fee which would otherwise be charged pursuant to this chapter on the development project shall be offered. The credit shall be applied with respect to that portion of the improvement or facility which is attributable to and reasonably related to the need therefor caused by the development, and shall be determined, administered and processed in accordance with and subject to the provisions of Section 25.46.140. The amount to be reimbursed shall be that portion of the cost of the improvement or facility which exceeds the need therefor attributable to and reasonably related to the given development. The reimbursement agreement shall contain terms and conditions mutually agreeable to the developer and the City and shall be approved by the Council. Reimbursement shall be provided from fees which are deposited into the relevant fund or funds by other applicants for development projects.

Site-Related Improvements. Credit shall not be given for site-related improvements, including, but not limited to, traffic signals, right-of-way dedications, or providing paved access to the property, which are specifically required by the project to serve it and which do not constitute facilities or improvements specified in the resolution referenced in Section 25.46.030 of this chapter.

Determination of Credit. The developer seeking credit and/or reimbursement for construction of improvements or facilities, or dedication of land or rights-of-way, shall submit such documentation, including, without limitation, engineering drawings, specifications, and construction cost estimates, and utilize such methods as may be appropriate and acceptable to the Director to support the request for credit or reimbursement. The Director shall determine credit for construction of improvements or facilities based upon either these cost estimates or upon alternative engineering criteria and construction cost estimates if the Director determines that such estimates submitted by the developer are either unreliable or inaccurate. The Director shall determine whether facilities or improvements are eligible for credit or reimbursement.

Time for Making Claim for Credit. Any claim for credit must be made no later than the application for a building permit. Any claim not so made shall be deemed waived.

Transferability of Credit – Council Approval. Credits shall not be transferable from one project or development to another.

Appeal of Determinations of Director. Determinations made by the Director pursuant to this section may be appealed to the Planning Commission pursuant to Chapter 25.98 (Appeals and Calls for Review) within 10 days of the determination of the Director.

Funds collected from public facilities impact fees shall be used for the purpose of:

In the event that bonds or similar debt instruments are issued for advanced provision of public facilities for which public facilities impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities provided are of the type to which the fees involved relate.

The City Manager shall report to the Council once each fiscal year regarding any portion of a fee remaining unexpended or uncommitted in an account five or more years after deposit and identify the purpose for which the fee was collected. The Council shall make findings at least once every fifth year thereafter with respect to any portion of the fee remaining unexpended or uncommitted in its account five or more years after deposit of the fee, to identify the purpose to which the fee is put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged.

A refund of unexpended or uncommitted fees for which a need cannot be demonstrated along with accrued interest may be made to the current owner(s) of the development project(s) on a prorated basis. The City Manager may refund unexpended and uncommitted fees that have been found by the City Council to be no longer needed, by direct payment or by offsetting other obligations owed to the City by the current owners of the development project.

If the administrative costs of refunding unexpended and uncommitted revenues collected pursuant to this section exceed the amount to be refunded, the Council, after a public hearing for which notice has been published pursuant to Government Code Section 6061 and posted in three prominent places within the area of the development project, may determine that the revenues shall be allocated for some other purpose for which the fees are collected subject to this chapter that serve the project on which the fee was originally imposed.

The City may adopt or incorporate a capital improvement plan which indicates the approximate location, size, time of availability, and estimates of costs for public facilities or improvements to be financed with public facility impact fees.

The City Manager shall annually submit the capital improvement plan to the Council for adoption at a noticed public hearing.

The public facility impact fee schedule adopted by the Council by resolution shall be annually reviewed by the Council for consistency with the capital improvement plan, and any necessary amendments shall be made by resolution of the Council.

A developer of any project subject to the fee described in this chapter may apply to the Director for reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the impacts of the development and either the amount of the fee charged or the type of facilities to be financed.

The application shall be made in writing and filed with the Director not later than:

The Commission shall consider the application at a public hearing held within 60 days after the filing of the fee adjustment application. The decision of the Commission is subject to appeal to the Council pursuant to this title. If a reduction, adjustment, or waiver is granted, any change in use within the development project shall invalidate the waiver, adjustment, or reduction of the fee.