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HomeMy WebLinkAboutOrd 17802 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 211:1 22 23 24 25 26 27 28 ORDINANCE No. 1780 ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 25 TO ADOPT THE ANZA POINT NORTH DISTRICT AND ESTABLISH CLASSIFICATION DETERMINATION Section 1. In 2004, the Ciry Council adopted a revised Bayshore Specific Plan to guide development and use of the Bayshore Area of the City. Among the subareas in the Plan is the Anza Point area, which includes a variety of uses and lot sizes. This ordinance implements the Specific Plan for the northern portion of this subarea. Section 2. Anew Chapter 25.48 is added as follows: Chapter 25.48 Anza Point North (APN) Sections: 25.48.010 Scope and purpose of regulations. 25.48.020 Permitted uses. 25.48.025 Conditional uses. 25.48.030 Prohibited uses. 25.48.040 Setbacks. 25.48.042 Height and bulk of buildings. 25.48.045 Minimum lot size and street frontage. 25.48.048 No variance for lot size and street frontage. 25.48.050 Landscaping. 25.48.052 Design review. 25.48.060 Public access. 25.48.080 Parking requirements. 25.48.010 Scope and purpose of regulations. It is the purpose an d policy of this chapter to establish and maintain land uses for the northern portion of the area designated as the Anza Point subarea in the Bayshore Specific Area Plan. The Anza Point subarea lies east of Sanchez Channel, is bounded on two sides by San Francisco Bay and by US 101 on the south side. The Anza Point subarea is divided into two sections: the northern one of currently vacant land served by Airport Boulevard. These provisions address the Anza Point North area which include all the properties north of Beach and Lang Road with frontage on Airport Boulevard. The purpose of these regulations is to direct the siting and development of structures which adhere to 4/17/2006 1 ANZA POINT NORTH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the development policies and adopted design guidelines of the Bayfront Plan in general and to the properties in the north portion of the Anza Point subarea specifically. The intention is to attract development which will benefit from the proximity to the open water areas of San Francisco Bay and its estuaries, will support public recreation and access along San Francisco Bay, and will protect this irreplaceable natural and recreation resource. Future development consistent with the Bayfront Specific Plan will create a viable transition from the heavy commercial uses along US 101 to the visitor oriented and office uses with Bay orientation to be developed on the vacant land at the north end of the Anza Point subarea, establish a bayside gateway to Burlingame on its eastern end, and contribute to the revenue base of the city. In creating this district, the city asserts that economic as well as aesthetic advantages accrue to the land, its occupants and the public from the required controls and regulations. 125.48.020 Permitted uses. The following uses are permitted in the Anza Point North district: (a) Motels and hotels with a maximum density of eighty-five (85) rooms to the acre and a floor area ratio of 1.0 or less; facilities provided on site may include such retall sales and personal service uses as meal and beverage services, barber and beauty shops, smoke shops, and shuttle bus service to serve only hotel guests so long as the operation does not use parking required for primary hotel use, convention and meeting facilities, and similar services which are clearly incidental and accessory to provision of lodging accommodations; and no more than one dwelling unit within the motel or hotel structure that is used exclusively by the owner or manager of the motel or hotel; (b) Restauran ts with a maximum floor area ratio of 0.15; (c) Office uses with a maxi mum floor area ratio of 0.6, including research and development � facilities and laboratories; however, manufacturing is not allowed, andhealth services or medical clinics are only allowed pursuant to section 25.48.025 below; (d) Training facilities associated with an 4/17/2006 d related to a primary activity of research and � development facilities located in the Anza Area, Anza Point Nort h, or Anza Point South district; (e) Commercial recreation facility with a maximum floor area ratio of 0.5; these faciliti es may include the sale of merchandise an d items which are related to the principal use that do not exceed a total 2 ANZA POINT NORTH 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of one thousand five hundred (1,500) square feet of support retail sales area located within the facility; (f) Publicly owned recreation areas; (g) Adult oriented businesses that meet all of the requirements of chapters 25.76 and 10.58 of this code; (h) Accessory uses which are necessary for the permitted uses under this section. 25.48.025 Conditional uses. The following are uses requiring a condifional use permit: (a) All structures that are taller than the maximum height allowed pursuant to section 25.48.042 below, if wind studies demonstrate that the additional height is consistent with the community wind standards; but in no event shall any structure be taller than ten (10) feet above those maximum heights allowed pursuant to section 25.48.042; (b) Commercial recreation facilities including gymnasiums with a floor arearatio of more than 0.5 or that include a total space ofmore than one thousand five hundred (1,500) square feet ofrecreation business related merchandise which are related to the principal use in the facility; (c) Commercial parking lots as an interim use as is described in the Bayfront Specific Plan as adopted by the City Couneil, which comply with at least the following criteria: (1) The sole purpose of the use is the parking for one day or longer of vehicles of persons using San Francisco International Airport; an d (2) A minimum lot size of three (3) acres; and (3) Permit term limited to fi ve (5) years; and (4) No more peak hour vehicle trips are generated than allowed by the traffic analyzer for the use designated for the site in the general plan; (d) Day care with on-site drop-off and parking as required by chapter 25.70; (e) Educational institutions, trade an d technical schools in buildings with twenty thousand (20,000) or more gross square footage, with all educational uses in a single building occupying no more than a total of ten thousand (10,000) gross square feet and whose trip generation as calculated using the Bayfront traffic analyzer is no greater than that of a use permitt ed on the same site; 4/17/2006 3 ANZA POINT NORTH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (f) Extended stay hotels; (g) Motels and hotels with more than eighty-five (85) rooms to the acre or with a floor area ratio of more than 1.0; facilities provided on site may include such retail sales and service uses as meal and beverage services, barber and beauty shops, smoke shops, and shuttle bus service to serve only hotel guests so long as the operation does not use parking required for primary hotel use, convention and meeting facilities, and similar services which are clearly incidental and accessory to provision oflodging accommodations including park and fly programs associated with the letting of hotel rooms which does not impact the availability of on site parking for guests and the use and parking for any on site meeting facilities; and no more than one dwelling unit within the motel or hotel structure that is used exclusively by the owner or manager of the motel or hotel; (h) As part of a hotel or motel use, an automobile rental desk or a park and fly program associated with renting of rooms and that does not affect the availability of on-site parking for hotel or motel guests and the use and parking for any on-site meeting facilities; (i) Health services and medical clinics that do not exceed five thousand (5,000) square feet total I in office structures over twenty thousand (20,000) gross square feet, with parking as set forth in section 25.48.080 below; (j) Any building, structure or site plan that does not comply with the adopted Design Guidelines in the Bayshore Specific Plan for the Anza Point subarea as established by resolution of the city council; (k) Incidental food sales and sale of convenience amenities to support on-site office employees in office buildings of twenty thousand (20,000) square feet or more, whose total area shall not exceed a maximum of one thousand five hundred (1,500) square feet an d without exclusive access to the outside; (� Drive-in services or take out services associated with permitted and conditional uses; (m) Any use similar in nature to one which is permitt ed or for which a permit is required in this district that is: (1) Consistent with planned land uses in the Anza Point subarea; and (2) At a density determined not to the adopted Bayfront traffic analyzer. 4/17/2006 exceed the trip generation for the planned use of the site using 4 ANZA POINT NORTH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25.48.030 Prohibited uses. Uses not listed as permitted or conditional shall be prohibited, including: (a) Automobile rental uses; (b) Automobile dealers and sales lots; (c) Automobile wrecking and junk yards, storage or baling of scraps, paper rags, sacks, or metals, including recycling facilities for green waste and other materials; (d) Commercial parking lots except as expressly allowed pursuant to section 25.48.025(c); (e) Retail sales uses except as expressly allowed within the uses designated in section 25.48.020 or 25.48.025; (f) Service businesses, except as expressly allowed within the uses designated in section 25.48.020 or 25.48.025; (g) Personal services, except as expressly allowed within the uses designated in section 25.48.020 or 25.48.025 (h) Air courier, delivery or other trans -shipment services, including freight forwarding; (i) Free standing specialty food establishments or any specialty food establishment with direct external access within any buil(l ing; (j) Warehouse, storage an d distribution of goods, materials, liquids and equipment; (k) Outdoor storage of materials including contractors storage yards; (0 Health services and medical clinics, except as expressly allowed under section 25.48.025; (m) Industrial and manufacturing uses; (n) Massage, bathing or similar establishments; (o) Residential uses and buildings, except for an owner/manager residence in a hotel or motel as expressly allowed under section 25.48.020 or 25.48.025; (p) Gasoline service stations and major an d minor automobile repair, including auto body work; (q) Time-share propert y; (r) Any use determined to be obnoxious or offensive. 4/17/2006 5 ANZA POINT NORTH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25.48.040 Setbacks. The following minimum setbacks shall apply to all parcels, buildings and structures or any enlargement thereof located in the district: (a) on setback. There shall be an average front setback of fifteen (15) feet, with at least forty (40) percent of the structure at the maximum setback of fifteen (15) feet; (b) Side setback. There shall be a ten (10) foot side setback. (c) Distance between buildings. To provide useable wind -sheltered outdoor area andto provide a visual connection to the Bay Trail, there shall be a distance of at least twenty (20) feet between buildings on the same lot. (d) Rear setback. Structures shall be set back at least ten (10) feet from rear property line. (e) Setbacks from shoreline. In any event, structures shall be set back an average of sixty-five (65) feet from Sanchez Channel and seventy-five (75) feet from San Francisco Bay and the shoreline as defined by the Bay Conservation and Development Commission; in addition, for any building that is forty (40) feet or taller, then the setback of the building to the shoreline shall be equal to or greater than the height of the building. (f) In addition to the setbacks set forth above, there shall be a fifteen (15) foot setback from Airport Boulevard for all below grade construction. (g) No parking spaces shall be provided within the ten (10) foot minimum setback across the lot front on any propert y. Driveways are allowed in the setback, but the driveways shall not be considered as landscaped area. No parking areas shall be located between any structure and the lot front, except for loading zones. Placement of parking shall be consistent with the design guidelines for the Anza Point subarea. 25.48.042 Height and bulk of structures. (a) Maximum height shall be determined by impact on the prevailing wind and shall be staggered with a maximum height of thirt 4/17/2006 y (30) feet along the eastern side of the lot, increasing in a graduated manner to a maximum of fifty (50) feet along the western, or Sanchez Channel, side of Lite lot, as establi shed in the Anza Point subarea design guidelines and consistent with the community wind 3 ANZA POINT NORTH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 standards. The maximum height may be exceeded by a mechanical penthouse with a maximum height of ten (10) feet as measured from the adjacent roof surface and covering no more than five (5) percent of the roof area. (b) Maximum bulk and mass shall be determined by the floor area ratio established in the Bayfront Specific Plan for the land uses in the Anza Point subarea. Where no floor area ratio is provided, mass and bulk shall be based on the adopted design guidelines, the development constraints documented in the Bayfront Specific Plan, and the zoning regulations where the property is located. 25.48.045 Minimum lot size and street frontage.. There shallbe a minimum lot size of two (2) acres and a minimum street frontage of one hundred fifty(150)feet. No property in the district maybe divided or subdivided into a lot with less area or less street frontage. 25.48.048 No variance for lot size or street frontage. Notwithstanding any other provision of this code, no variance for lot size or street frontage shall be granted to any property within this district. 25.48.050 Landscaping. The following landscaping requirements shall apply to all lots: (a) The landscape requirements of the design guidelines for the Anza Point subarea of the Bayfront Specific Plan as adopted by the city council shall be met; and (b) A minimum of ten (10) percent of the parking area shall be landscaped; and (c) A minimum of eighty (80) percent of the front setback shall be landscaped; and (d) A minimum of forty (40) percent of the lot area within the Bay Conservation and Development Commission jurisdiction shall be landscaped. 25.48.052 Design Review. Construction and alterations including substantial construction or change to more than fifty (50) 4/l7/2006 7 ANZA POINT NORTH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 percent of the front fapade or change to more than fifty (50) percent of any fagade facing a public or private street, parking lot, or the Bay Trail shall be subject to design review based on the design guidelines for the Anza Point North subarea of the Bayfront Specific Plan and shall be processed as provided in section 25.57.030. (a) A design review application in the APN district shall be reviewed by the planning � commission for the following considerations: (1) Support of the pattern of diverse architectural styles as defined in the design guidelines for the Anna Point subarea and the role ofthe shoreline in creating a network of interconnected open spaces; (2) Respect and promotion of the streetscape by the placement of buildings to maximize the commercial use of the street frontage, off=street public spaces , and by locating parking so that it does not dominate street frontages, and for properties fronting on Airport Boulevard, that the design is sensitive to the surrounding bodies of water, physical and visual presence of the Bay Trail, orientation of the prevailing winds and to the Coyote Point recreation area. (3) On visually prominent and sites with shoreline as defined by the Bay Conservation and Development Commission, the design shall fit the site, support the Bay Trail and its park and recreational uses, provide for maximum user access and support recreational use by those who work in the area as well as those who visit; and the design is compatible with the surrounding development and consistent with the design guidelines for the Anza Point subarea; (4) Compatibility of the architecture and lan dscaping with the design guidelines for the Anza Point subarea including materials used in existing development, location and use of plan t materials, and compatibility with transitions where changes in lan d use occur nearby; (5) Architectural design consistency by using a single architectural style on the site that is consistent among primary elements of the structure(s) (6) Provision of site features identifi and consistent with the directives of the design guidelines for the Anza Point subarea; and a/tv2006 ed in the design guidelines such as orientation to minimize wind obstruction on San Francisco Bay, landscaping, an d pedestrian circulation which enriches and enhances the existing recreati on opportunities of the area, including extension of the Bay Trail. (b) When any part of a commercial structure is subject to design review, an y awnings on the ANZA POINT NORTH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 commercial structures shall be included in the design review. (c) Exemptions from design review: (1) Applications for building permits or planning approvals for development in the Anza Point North district filed before May 17, 2006. (2) Any amendment to a project exempt from design review pursuant to subsection (1) above shall be subject to design review if the project involved would have otherwise been subject to design review under subsection (a) above, the project has not been completed, and the amendment would extend any structure involved in the application outside the envelope of the structure for which the approval was granted or sought in the underlying application or would change a facade. Changes to, additions of, or deletions of awnings as an amendment to a project shall not trigger design review under this subsection. 25.48.060 Public access. Public access shall be maintained and developed based on the city -adopted and Bay Conservation and Development Commission -approved Public Access Guidelines £or Burlingame based on the applicable water frontage as follows: (a) On San Francisco Bay proper: An average setback of seventy-five (75) feet of the lot as measured from the shoreline as defined by the Bay Conservation an d Development Commission; in no case shall the area as measured fr om the top of bank be less than the minimum width for the Bay Trail as required by the Bay Conservation and Development Commission; and (b) On Sanchez Channel: An average setback of sixty-fi ve (65) feet as measured from the shoreline as defined by the Bay Conservation and Development Commission; in no cas e shall the area as measured from the top of bank be less than the minimum width for the Bay Trail as required by the Bay Conservation an d Development Commission. (c) All areas improved for public access within the jurisdiction of the Bay Conservation and Development Commission shall be maintained by the property owner an d shall be available to the public in perpetuity as determined by the Bay Conservation and Development Commission; 4/17/2006 9 ANZA POINT NORTH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15'. 16 17 18 19 20 21 22 23 24 25 26 27 28 25.48.080 Parking requirements. All uses shall provide parking in accordance with the applicable provisions of chapter 25.70 of this code with the following changes or additions: (a) Food establishments. (1) Food establishments that are the primary use of the lot shall provide the following: (A) Customer parking shall be provided on-site at the rate of one parking space fox each one hundred (100) square feet of gross floor area; and (B) In addition, employee parking shall be provided on-site or within reasonable proximity, in the judgment of the city planner, at the rate of one parking space for each one thousand (1,000) square feet of gross floor area; (2) Food establishments that are located in an office building of 20,000 square feet or more or that are not the primary use of the lot shall provide parking on-site at the rate of one parking space for each three hundred (300) square feet of gross floor area of food establishment. (b) Instructional uses. Instructional uses related to a permitted or conditional use shall provide parking on-site at the rate of one space for each three hundred (300) square feet of gross floor area; (c) Health services and medical clinics. Health services and medical clinic uses shall provide parking on-site at the rate of one parking space for each three hundred (300) square feet of gross fl oor area occupied by the uses. (d) Bay Trail parking. On sites with frontage on San Francisco Bay and its estuary including Anza Lagoon, Sanchez Channel, and Burlingame Lagoon, the Bay Conservation an d Development Commission shall determine the number of on-site parking spaces to be designated for public Bay Trail Access parking; these on-site spaces shall be designated from the required parking for the site, shall be available to the public without charge during the hours that the Bay Trail is open, and shall be posted as public access parking by the property owner as required by the Bay Conservation and Development Commission. (e) Hotels. A hotel shall provide one additional, designated parking space for a shutt Section 3. Anew Section 25.16.145 is added to read as follows: 4/17/2006 10 le bus. ANZA POINT NORTH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25.16.145 Ambiguity of use. If any ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, any person may apply to the city planner for a determination of the ambiguity, and the planner's shall be subject to appeal pursuant to this chapter. Section 4. Anew Section 25.08.649 is added to read as follows: 25.08.649 Time-share property. "Time-share property" or "interval ownership" or "condominium hotel" means a "time-share property" as defined in Business & Professions Code section 11212 without regard to any minimum number of time-share interests or minimum of years of use. Section 5. Section 25.36.050 is deleted. Section 6. Section 25.38.050 is deleted. Section 7. Section 25.43.050 is deleted. Section 8. Section 25.44.050 is deleted. Section 9. This ordinance is to be published according to law. Mayor I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 3`d day of April, 2006, and adopted thereafter at a regular meeting of the City Council held on the 17' day of April, 2006, by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, COHEN, NAGEL, O'MAHONY NOES: COUNCILMEMBERS: NONE 4/I712006 11 ANZA POINT NORTH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ABSENT: COUNCILMEMBERS: KEIGHRAN U:\FILP,S\ORDINANCWizaPointNorth42006. ord.wpd 4/17/2006 12 Az City Out ANZA POINT NORTH