HomeMy WebLinkAboutOrd 17931
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ORDINANCE NO. 1793
ORDINANCE OF THE CITY OF BURLINGAME
MAKING CLARIFYING AND CONSISTENCY AMENDMENTS TO VARIOUS CODE
SECTIONS OF THE MUNICIPAL CODE AND UNCODIFIED ORDINANCES
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. The City has recently republished the Municipal Code, and the review
involved in the republication has revealed various provisions that are unclear or inconsistent. The
recent Zoning Code amendments adopting new zoning districts AA, APN, APS, RR, SL, and TW
have created a need to correct reference elsewhere in the Municipal Code. This ordinance is
intended to address the unclear and inconsistent provisions that were found at this time.
Section 2. Section 3.48.030 is amended to read as follows:
3.48.030 Meetings —Officers.
The commission shall elect one of its members as chair. They shall meet at the city hall, or
such other location in the city as designated by the commission, at such time as fixed by the
commission. A majority of the commission shall constitute a quorum, and no official action shall
be transacted by less than the affirmative vote of at least thr
ee (3) members.
Section 3. Section 4.15.010 is amended to read as follows:
4.15.010 Claims for money or damages.
(a) Claims against the city, its officers or employees for money or damages which are
exempted by Government Code Section 905 from Chapter 1 and Chapter 2 of Part
3 of Division
3.6 of Title 1 of the Government Code of the State of California, and which are not governed by
any other statutes or regulations expressly related thereto, shall be governed by this section. A
claim relating to such a cause of action shall be presented not later than one year after the accrual
of the cause of action. Such claims shall be presented and processed as provided by Chapters 1 and
2 of Part 3 of Division 3.6 of Title 1 of the Government Code insofar as the provisions are not in
conflict with thi6
section.
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(b) No suit for money or damages may be brought against the city, its officers or
employees until a written claim therefor has been presented to the city council and has been acted
upon or has been deemed to have been rej ected by the city in accordance with this section. The time
within which the city will act on the claim presented will conform to the time requirements set foa th
in section 912.4 of the Government Code.
(c) Pursuant to Chapter 5 of Part 3 of Division 3.6 of Title 1 of the Government Code,
written agreements entered into by or in behalf of the city may provide all claims arising out of or
related to the agreement must be presented not later than six (6) months after the accrual of the
cause of action, and such claims shall be governed by the provisions of this section.
Section 4. Subsection 6.16.120(b)(2) is amended to read as follows:
(2) The permittee, employee, agent, partner, director, stockholder, or manager of an
entertainment business has knowingly allowed or permitted, and has failed to make a reasonable
effort to prevent the occurrence of any of the following on the premises of the entertainment
business, or in the case of a single event entertainment permit, the permittee, employee, agent,
partner, director, stockholder, or manager has knowingly allowed or permitted and has failed to
make a reasonable effort
to prevent the occurrence of any of the following at the single
entert
ainment event:
(A) Any conduct prohibited by this chapter; or
( 3) Any violation of any condition of the entertainment permit.
Section 5. Section 13.32.180 is amended to read as follows:
13.32.180 Overnight parking of recreation vehicles and trailers.
No person shall permit any trailer, semitrailer, camper, camp trailer, house car, trailer coach or
mobilehome to park or remain upon any street, park or other public place within the city, other than
the RR zone, between the hours of 7:00 p.m. of any day and 7:00 a.m. of the following day.
Section 6. Section 17.04.028 adopted by Ordinance No. 1749, section 4 (2004) is
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renumbered as Section 17.04.029.
Section 7. Section 22.06.040 is amended to read as follows:
22.06.040 Frontage and sign area calculations.
In the AA, APN, APS, C-1, C-2, IB, RR, and SL districts, where maximum signage is
related to frontage, the following procedures shall determine that frontage for purposes of this title:
(a) A distinction shall be observed between parcel frontage and building frontage. Parcel
frontage shall be used for freestanding signs, or combinations of these signs with any other type.
Building frontage shall be used to calculate maximum signage area for signs attached to or wholly
supported by a building or major structure.
(b) Primary frontage shall be determined and declared by the applicant for the appropriate
parcel or building frontage; such declarations shall be approved by the city planner and shall be
consistent with Section 22.04.340 or Section 22.04.350. The length of this primary frontage shall
be the figure used to calculate maximum permitted signage in the appropriate zoning district, as
described in Chapters 22.1(1+
22.22 inclusive.
(c) Secondary frontage is any additional frontage, consistent with Section 22.04.400 or
Section 22.04.410, aft
er determination of the primary frontage.
(d) Sign area shall be determined as specified in Section 22.04.440.
(e) Any freestanding sign which can be viewed from both a primary and a secondary
frontage, and which is so placed that it has equal or nearly equal exposure from each frontage, shall
be counted twice, once for each frontage.
Section 8.
REGULATIONS"
Chapter 22.18 is renamed "TROUSDALE WEST (TW) DISTRICT
Section 9. Chapter 22.20 is renamed: "AA, APN, APS, IB, RR, and SL DISTRICT
REGULATIONS
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Section 10. Section 22.20.010 is amended to read as follows:
22.20.010 Permitted signs.
Any signs permitted by other sections of this title are permitted in the AA, APN, APS,
and SL districts.
Section 11. Section 22.20.070 is renamed "Permitted signage in the Shoreline and Anza
subareas of the Bayfront zoned AA, APN, and SL"
Section 12. Section 22.29.010 is amended to read as follows:
22.29.010 Changeable copy signs.
A changeable copy sign that does not contain any flashing lights or brilliant or reflected
light is allowed in AA, APN, APS, C-1, C-2, IB, RR, SL, and TW districts only, so long as the
total square footage of all changeable copy signs on the parcel is not more than the following: (a)
fifteen (15) square feet or twenty (20) percent of the allowable signage area, whichever is less, if
the lettering or graphics are movable only by hand; or (b) six (6) square feet or twenty (20) percent
of the allowable signage area, whichever is less, if some or all of the lettering or graphics are
movable mechanically or electronically.
Section 13. Section 22.52.020 is amended to read as follows:
22.52.020 Size limitations.
Real estate signs shall not exceed seventy-five (75) square feet in total area per parcel in
any commercial zoning district, and shall not exceed one hundred (100) square feet in total area
in the APS, IB, and RR zoning districts.
Section 14. Section 22.52.030 is amended to read as follows:
22.52.030 Number.
Not more than one real estate sign may be placed on any parcel frontage; however, when
a building in either a C district or an AA, APN, APS, IB, RR, or SL district, consists of more than
1 one store, section or office, signs not exceeding nine (9) square feet in area may be displayed within
2 or upon each such store, section or office, subject to the total signage not exceeding the limit for
3 that district.
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5 Section 15. Section 22.58.030 is amended to read as follows:
6 22.58.030 "Sale" signs.
7 Window signs which advertise goods or services in a C district or an AA, APN, APS, IB, RR,
8 or SL district, and obscure twenty-five (25) percent or less of any window, may be allowed without
9 a sign permit, providing such signs are displayed for a period not to exceed fourteen (t4)
10 consecutive days.
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12 Section 16. Section 25.08.012 (Arbor) is renumbered as Section 25.08.091.
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14 Section 17. Section 25.08.022 is amended to read as follows:
15 25.08.022 Accessory use, RR.
16 "Accessory use, RR District" means a use which is subordinate in area, extent or purpose to the
17 principal permitted or conditional use of land and/or building, does not exceed twenty-five (25)
18 percent of each tenant's floor area within the structure or equivalent of the site, except that when
19 outdoor storage is the primary use of the site such outdoor storage areas may not exceed
20 twenty-five (25) percent of the gross site area; parking must be provided on site as required in
21 Chapter 25.70.
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23 Section 18. Section 25.08.477 ("New construction") is repealed.
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25 Section 19. Section 25.12.010 is amended to read as follows:
26 25.12.010 Establishment of districts.
27 The city is divided into the districts shown on the zoning maps attached to Ordinance 539 and
28 the amendments thereto, which maps, with all notations, references, and other information thereon,
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are incorporated herein by reference and are declared to be a part hereof.
Whenever the term R district or R zone is used herein, it refers to R-1, R-2, R-3 and R4
districts. Whenever the term C district or C zone is used, it refers to AA, APN, APS,C-
R, IB, SL, TW, and C-R districts.
Section 20. Subsection 25.28.072(c)(1) is amended to read as follows:
(1) If front and rear lot lines are equal, the minimum side setback shall be based on the
front property line dimension; 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 (2) side lot lines. In either case
the setbacks based on lot width shall be as follows:
Side Setback Lines (in feet)
Lots 42' wide or less ....................................................... 3
Lots wider than 42', but less than 51' .............................. 4
Lots 51' wide or more, but less than 541
........................... 5
Lots 54' wide or more, but less than 61' ........................... 6
Lots 61' wide or more ...................................................... 7
Section 21. Subsection 25.30.071(c)(1) is amended to read as follows:
(1) If front and rear lot lines are equal, the minimum side setback shall be based on the
front propert
y line dimension; 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 (2) side lot lines. In either case
the setbacks based on lot width shall be as follows:
Side Setback Lines (in feet)
Lots42' wide or less........................................................................ 3
Lots wider than 42', but less than 51' .............................................. 4
Lots 51' wide or more, but less than 54' .......................................... 5
Lots 54' wide or more, but less than 61' .......................................... 6
Lots 61' wide or more...................................................................... 7
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Rear Setback Lines (in feet)
1 and 2 story...............................................................:................... 15
Section 22. Subsection 25.32.075(c) is amended to read as follows:
(c) The minimum side and rear setback lines shall be as follows; if front and rear lot lines
are unequal their average shall be the width at the midpoints of the two (2) side lot lines:
Side Setback Lines (in feet)
Lots42' wide or less...................................................................... 3
Lots wider than 42', but less than 51' ............................................... 4
Lots 51' wide or more, but less than 54' .......................................... 5
Lots 54' wide or more, but less than 61' .......................................... 6
Lots 61' wide or more...................................................................... 7
Rear Setback Lines (in feet)
1 and 2 story................................................................................... 15
More than 2 stories........................................................................ 20
Section 23. Subsection 25.34.075(d) is amended to read as follows:
(d) The minimum side and rear setback lines shall be as follows; if front and rear lot lines
are unequal their average shall be the width at the midpoints of the two (2) side lot lines:
Side Setback Lines (in feet)
Lots42' wide or less........................................................................ 3
Lots wider than 42', but less than 51' ............................................... 4
Lots 51' wide or more, but less than 54' ........................................... 5
Lots 54' wide or more, but less than 61' .......................................... 6
Lots 61' wide or more...................................................................... 7
Rear Setback Lines (in feet)
1 and 2 story................................................................................... 15
Morethan 2 stories........................................................................ 20
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Section 24. Subsection 25.38.031(a)(1)(A) is amended to read as follows.
(A) Retail sales of and service of automobiles,
Section 25. A new Section 25.38.033 is added to read as follows:
25.38.033 Health services, beauty shops, barbershop, health studio, tanning facilities.
A health service, beauty shop, barbershop, health studio, or tanning facility in any location
in any C-2 district shall be limited to the hours of 7 a.m. to 9 p.m. unless a conditional use permit
is approved by the planning commission pursuant to chapter 25.52 to allow use outside those hours.
This limitation expressly applies to the Burlingame Avenue Commercial Area if the use is
otherwise allowed. The hours limitation imposed by this section does not apply to an occasional
medical emergency at a health service use.
Section 26. Anew Section 25.40.027 is added to read as follows:
25.40.027 Hours for health service uses and conditional use permit.
A health service use shall be limited to the hours of 7:00 a.m. to 9:00 p.m. unless a
conditional use permit is approved by the planning commission pursuant to Chapter 25.52 to allow
use outside those hours. The hours limitation imposed by this subsection does not apply to an
occasional medical emergency at a health service use.
Section 27. Subsection 25.40.070(b)(1) is amended to read as follows:
(1) The minimum side setback line shall be as follows:
Side Setback Lines (in feet)
Lots 42' wide or less......................................................................... 3
Lots wider than 42', but less than 51' ................................................. 4
Lots 51' wide or more, but less than 54' ............................................ 5
Lots 54' wide or more, but less than 61' ............................................ 6
Lots 61' wide or more....................................................................... 7
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Section 28. Subsection 25.42.050(c) is amended to read as follows:
(c) On-site parlcing shall not be required for single story commercial development fronting
on California Drive except that second story commercial uses shall require on-site parlcing
accessible from California Drive pursuant to the requirements of Section 25.70.040.
Section 29. Section25.43.010 is amended to read as follows:
25.43.010 Scope and purpose of regulations.
It is the purpose and policy of this chapter to designate for the Inner Bayshore (IB) an
office/light industrial park area which will serve as a transition between the Shoreline Commercial
District (SL) and the Rollins Road (RR) zones. In its uses, this district shall be consistent with the
intent of the General Plan and the Bayfront Specific Plan, Inner Bayshore subarea, to provide
professional and administrative offices, distribution, service, light industrial and other uses
supported by access to San Francisco International Airport. An additional purpose of this district
is to create a supportive interface between the adjacent hotel, restaurant and other Shoreline
commercial activities and Bay Trail recreation area nearby which front on San Francisco Bay.
These proposed uses shall further enhance the economic and aesthetic advantages of the adjacent
Shoreline subarea and the economic base of the city.
Section 30. Anew Section 25.43.027 is added to read as follows:
25.43.027 Hours for massage, bathing, tanning, or similar establishments and conditional use
permit.
A massage, bathing, tanning, or similar establishment use shall be limited to the hours of
7:00 a.m. to 9:00 p.m. unless a conditional use permit is approved by the planning commission
pursuant to Chapter 25.52 to allow use outside those hours.
Section 31. Anew Section 25.44.035 is added to read as follows:
25.44.035 Hours for health service uses and conditional use permit.
A health service use shall be limited to the hours of 7:00 a.m. to 9:00 p.m. unless a
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conditional use permit is approved by the planning commission pursuant to Chapter 25.52 to allow
use outside those hours. The hours limitation imposed by this subsection does not apply to an
occasional medical emergency at a health service use.
Section 32. Anew Section 25.48.027 is added to read as follows:
25.48.027 Hours for health service uses and conditional use permit.
A health service use shall be limited to the hours of 7:00 a.m. to 9:00 p.m. unless a
conditional use permit is approved by the planning commission pursuant to Chapter 25.52 to allow
use outside those hours. The hours limitation imposed by this subsection does not apply to an
occasional medical emergency at a health service use.
Section 33. Subsections 25.55.010(b) and (c) are amended to read as follows:
(b) In the C-1 and C-2 zoning districts, including subareas A, B, B-1, and D of the
Burlingame Avenue Commercial Area unless noted:
(1) A maximum of ten (10) percent reduction in any dimension of aisles, driveways or
parking spaces, provided no more than ten (10) percent of the parking spaces in a project maybe
affected by the dimensional adjustment;
(2) Increase in compact parking stalls up to thirty (30) percent for a commercial or
industriaI
building;
(3) Classes associated with a retail or service use where classes are held after 5:00 p.m.
weekdays and after 12:00 noon on Saturday and Sunday, except in subareas A and 134
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(4) Schools above the first floor which operate outside of the hours of 8:00 a.m. and 5:00
p.m. Monday through Friday, except in subarea A;
(5) Laundry and dry cleaning establishments without processing plants or machines on
site, except in subareas A and B;
(6) Residential uses above the first floor;
(7) Parking lots for public use;
(8) In subareas B and B-1 of the Burlingame Avenue Commercial Area, real estate or
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financial institution uses with a maximum of six hundred (600) gross square feet in office area
which are unrelated to any other office or use in the building and with a maximum of one proprietor
and one employee
(c) In the APS, IB, and RR zoning districts:
(1) A maximum of ten (10) percent reduction in any dimension of aisles, driveways or
parking spaces, provided no more than twenty (20) percent of the parking spaces in a project may
be affected by the dimensional adjustment;
(2) Increase in compact parking stalls up to thirty (30) percent for a commercial or
industrial building.
Section 34. Subsection 25.60.010(1) is amended to read as follows:
(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;
Section 35. Section 25.61.020 is amended to read as follows:
25.61.020 Hillside area construction permit(z
No new structure or any addition to all or a portion of an existing structure shall be
constructed within the affected area without a hillside area construction permit.
Section 36. Subsection 25.70.030(a) is amended to read as follows:
(a) Parking Space Requirements. There shall be at least one permanently maintained
garage or covered carport
available to park a car for each single-family dwelling with the following
furt
her requirements:
(1) Anew single-family dwelling shall provide at least two (2) covered off- street parking
spaces and one uncovered off-street parking space;
(2) Existing single-family dwellings increased in size to three (3) or four (4) bedrooms
shall provide off- street parking spaces to current code dimensions for at least two (2) vehicles, one
of which must be covered by a garage or carport;
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(3) A single-family dwelling hereafter increased in size to five (5) or more bedrooms shall
provide off-street parking to current code dimensions for at least three (3) vehicles, two (2) of
which must be covered by a garage or carport;
(4) For the purposes of subsections (1) and (2) above, an existing garage not less than
eighteen (18) feet wide and twenty (20) feet deep interior dimension shall be considered to provide
two (2) covered off-street parking places.
Section 37. Subsection 25.70.030(c)(4) is amended to read as follows:
(4) For an addition to an existing single-family dwelling, required uncovered spaces may
be provided in tandem configuration and may extend:
(A) In areas with sidewalks, to the inner edge of the sidewalk;
(B) In areas without sidewalks to five (5) feet from the inner edge of the curb;
(C) In areas without either sidewalks or curbs, to five (5) feet from the edge of pavement.
Section 38. Section 25.70:050 is amended to read as follows:
25.70.050 Exceptions for the AA, APN, APS, C-1, C-2, C-R, IB, RR, and SL districts and for
nonconformities.
(a) All uses in the AA, APN, APS, C-1, C-2, C-R, IB, RR, and SL districts shall conform
to the parking requirements of this Chapter unless specific parking requirements are imposed by
the chapter of this Code governing the particular district.
(b) Existing uses which become nonconforming as a result of the adoption of parking
requirements may be remodeled so long as the gross floor area occupied by the use is not increased.
If the gross floor area is increased, parking shall be provided as required for the additional floor
area.
(c) Any existing parking spaces which form the basis for credit against any parking
assessment shall be maintained in a usable operating condition.
Section 39. Subsection 25.74.010(d) is amended to read as follows:
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(d) Where such area adjoins a lot in a C district or the RR district, and such lot is occupied
by a building extending to the lot line, the fence will not be required on that portion of the common
lot line occupied by the building;
Section 40. Section 25.76.030 is amended to read as follows:
25.76.030 Location requirements.
(a) No adult-oriented business shall be established or located in any zone in the city other
than the Anza Area (AA), Anza Point North (APN), or Shoreline (SL) zone.
(b) Within these designated zones, an adult-oriented business shall not be established or
located within the following minimum distances:
facility.
(1) Within one thousand (1,000) feet of any other adult-oriented business.
(2) Within one thousand (1,000) feet of any then -existing church, school, or city athletic
(c) The distances set forth above shall be measured as a radius from the primary entrance
of the adult-oriented business to the property lines of the propert
y so used without regard to
intervening structures.
Section 41. Section 25.78.025 is amended to read as follows:
25.78.025 Fence height in all other districts.
In all other districts, except as required or permitted in the RR district in Chapter 25.44, fences
seven (7) feet in height shall be permitt
ed, provided the last foot in height is of an open design
freely allowing light and air to pass through.
Section 42. The first two sentences of Section 4 of the provisions of Ordinance No. 1151
as amended by Ordinances 1305 and 1739 (Bayfront Fees) are amended to read as follows
"Fees are hereby established for all property within the Bayfront Area of Benefit. As an
alternative to the development of a development fee contract and recording of lien pursuant to the
Government Code, one-half of said fees may be deposited before issuance of a construction permit
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I for the project and the remaining one-half paid prior to the approval of final framing of buildings
2 or additions subject to this ordinance. Any project which has submitted a construction permit
3 application prior to the effective date of any amendment to this ordinance but has not received a
4 building permit, shall at the time of receiving the building permit, pay any difference between the
5 amount paid at the submittal of the application and the amount of said fee established by such
6 amendment. "
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8 Section 43. The first three sentences of Section 4 of the provisions of Ordinance No.
9 1751 (North Burlingame/Rollins Road Fees) are amended to read as follows:
10 "Fees are hereby established for all property within the North Burlingame/Rollins Road
11 Areas of Benefit. As an alternative to the development of a development fee contract and recording
12 of lien pursuant to the Government Code, one-half of said fees may be deposited before issuance
13 of a construction permit for the project and the remaining one-half paid prior to the approval of
14 final framing of buildings or additions subject to this ordinance. In the case of a change of use
15 within a building, the fee shall be paid one-half before issuance of a construction permit for any
16 building or tenant improvements and one-half before scheduling the final inspection of tenant
17 improvements for the change in use; if no building or tenant improvements are contemplated, the
18 fees shall be paid within thirty (30) days of the approval of the conditional use permit. Any project
19 which has submitted a construction permit application prior to the effective date of any amendment
20 to this ordinance but has not received a building permit, shall at the time of receiving the building
21 permit, pay any difference between the amount paid at the submittal of the project assessment or
22 application and the amount of the fee established by that amendment."
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24 Section 44. This ordinance shall be published as required by law.
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Mayor
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28 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the
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foregoing ordinance was introduced at a regular meeting of the City Council held on the 21St day
of August, 2006, and adopted thereafter at a regular meeting of the City Council held on the 5t" day
of September, 2006, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COHEN, KEIGHRAN, OWAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NAGEL
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