HomeMy WebLinkAboutOrd 17802
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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
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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
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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
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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;
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(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.
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exceed the trip generation for the planned use of the site using
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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.
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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
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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
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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)
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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
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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
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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;
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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:
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le bus.
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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
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ABSENT: COUNCILMEMBERS: KEIGHRAN
U:\FILP,S\ORDINANCWizaPointNorth42006. ord.wpd
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Az
City Out
ANZA POINT NORTH