HomeMy WebLinkAboutOrd 17661
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ORDINANCE No. 1766
ORDINANCE OF THE CITY OF BURLINGAME
AMENDING TITLE 25 TO ADOPT THE ANZA AREA DISTRICT AND MAKE
CONFORMING CHANGES TO THE SHORELINE AND INNER BAYSHORE DISTRICTS
Section 1. hr 2004, the City Council adopted a reviseayshore Specific an to guide
development and use of the Bayshore Area of the City. Among thes amus in the Plan is the Anza area,
which includes a variety of uses and lot sizes. This ordinance implements the Specific Plan for this
subarea.
In addition, the ordinance makes conforming changes to the Shoreline and hmer Bayshore
Districts regarding standard language, limitations, and use permit requirements.
Section 2. Anew Chapter 25.47 is added as follows:
Chapter 25.47
Anza Area
Sections:
25.47.010
Scope and purpose of regulations.
25.47.020
Permitted uses.
25.47.025
Conditional uses.
25.47.030
Prohibited uses.
25.47.040
Setbacks, minimum lot sizes, height, and development standards.
25.47.045
Minimum lot size and street frontage.
25.47.048
No variance for lot size and street frontage.
25.47.050
Landscaping and design requirements.
25.47.052
Design review.
25.47.060
Public access.
25.47.080
Parking requirements.
25.47.010 Scope and purpose of regulations.
It is the purpose and policy of this chapter to establish and maintain land uses and the City and
Bay Conservation and Development Commission design standards for the area designated as the Anza
subarea in the Bayfront Specific Plan, and to cause development of buildings and structures that will
benefit from their proximity to San Francisco Bay to encourage development which the open estuary
areas of San Francisco Bay and will support and be beneficial to public access and use of this
irreplaceable natural resource. Development of this area should contribute positively to the economic
future of the city. In creating this district, the city asserts that economic as well as aesthetic advantages
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accrue to the land, the occupants and the public from the required controls and regulations. In addition,
these regulations insure that new development can be supported by the local roadway system and other
public infrastructure.
25.47.020 Permitted uses.
The following uses are permitted in the Anna district:
(a) Restaurants with a maximum floor area ratio of 0.15;
(b) Motels and hotels with a maximum density ofeighty-five (85) rooms to the acre and a floor
area ratio of 1.0 or less; facilities provided on site may include such retail 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;
(c) Offices with a maximum floor area ratio of 0.6, including research and development offices
with associated laboratory uses, as well as instructional activities associated with an office on the site;
however, neither health services nor medical clinics are allowed.
(d) Accessory retail sales and personal serv
ice uses of no more than one thousand five hundred
square feet within an office building larger than
20,000 square feet.
(e) Publicly owned recreation facilities.
(f) Adult oriented businesses that meet all ofthe requirements of chapters 25.76 and 10.58 ofthis
code.
25.47.025 Conditional uses.
The following are uses requiring a conditional use permit:
(a) Offices with a floor area ratio greater than 0.6, including research and development offices
with associated laboratories, as well as instructional activities associated with an
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ices nor medical clinics are allowed.
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office on the site;
however, neither health serv
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(b) Accessory retail sales and personal service uses of more than one thousand five hundred
(1,500) square feet located in office buildings of greater than 20,000 square feet.
(c) Motels and hotels with more than eighty-five (85) rooms to the acre or with a floor area ratio
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, automobile rental desks, 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;
(d) Extended stay hotels;
(e) As part of a hotel or motel use, an automobile rental desk or a park and flyprogram associate
with renting of rooms and that does not affect the availability of on-site parking for or motel guests and
the use and parking for any on-site meeting facilities;
(f) Commercial recreation facilities; these facilities may include the sale of merchandise and
items which are related to the principal use that do not exceed 1,500 square feet of support retail sales
area;
(g) Trade, professional and art schools located in buildings of more than 20,000 square feet;
(h) Buildings an
d structures that exceed forty (40) feet in height when located
within one hundred (100) feet of the San Francisco Bay shoreline as defined by the Bay Conservation
an
d Development Commission (BCDC).
(i) All buildings, structures, an
d site plans that do not comply with the adopted measurable
Design Guidelines for the Anza subarea as established by resolution of the city council;
(j) Drive-in services or take-out services associated with permitted an
d conditional uses;
(k) Commercial parking lots, but only as an interim use as descri
bed in the Bayfront Specific
� Plan as adopted by city council and that comply with at ]east all of the following criteria:
(1) The sole purpose of the use is the parking for one day or longer of vehicles
d
(2) A minimum site size of three (3) acres; and
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ofpersons using
the San Francisco International Airport; an
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(3) Permit term limited to five (5) years or less; 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; and
(5) The Anza subarea design guidelines from the adopted Bayfront Specific Plan and Bay
Conservation and Development Commission public access requirements are met; and
(6) No parking is within a structure above or below grade.
(� Structures over sixty-five (65) feet in height or five (5) stories;
(m) Interim uses which, after a public hearing, are found desirable and compatible with the
purposes of the district and that conform to the Bayfront Specific Plan and are compatible with the
following criteria:
(1) Do not impede or imperil the intent of the Bayfront Specific Plan; and
(2) Do not allow development which generates more p.m. peak hour vehicle trips than a
permitted use on the site as determined by the Bayfront traffic analyzer;
(3) The design conforms to National Pollutant Discharge Elimination System (NPDES) and Bay
� Conservation and Development Commission requirements; and
(4) The permit term is limited to five (5) years or less.
(n) Any use similar in nature to one which is permitted or for which a permit is required in this
district at a density determined not to exceed the trip generation for the planned use of the site using the
adopted Bayfront traffic an
alyzer.
25.47.030 Prohibited uses.
Uses not listed as permitted or conditional shall be prohibited, including:
(a) Automobile wreckers and wrecking yards;
(b) Restaurants and food establishments with a floor area ratio that is more than 0.25;
(c) Retail sales, personal services, and service businesses that are free standing, including
gasoline service stations, and that are not expressly allowed or limited as a permitt
in this chapter;
(d) Automobile rental agencies and car rental storage;
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ed or conditional use
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(e) Manufacturing and warehousing except as designated and limited in the permitted uses;
(1) Medical clinics and health services;
(g) Outdoor storage of merchandise, inventory, equipment, and materials, including storage of
motorized recreation vehicles;
(h) Residential uses, including mobile homes, except for an owner/manager residence within
a motel or hotel as expressly permitted above.;
(i) Automobile dealers and sales lots, wholesale and retail, and automobile leasing, whether
freestanding, in office buildings, or in connection with other uses.
25.47.040 Setbacks, minimum lot sizes, height, and development standards.
(a) The following minimum setbacks shall apply to all buildings and structures or shall apply
to any enlargement thereof:
(1) Front setback. Any portion of a building that is two (2) stories or less in height shall be set
back at least thirty (30) feet from the lot front, and any taller portion of the building shall be set back at
least ten (10) feet further from the lower one- or two-story portion. Any portion of any building that is
over two ()) stories in height shall be set back at least fort
y (40) feet from the lot front.
(2) Side setback . Ono side designated by the lot owner, the closest part
of any structure shall
be set back at least thirty (30) feet from the side propert
y line; on the other side of the lot as designated
by the lot owner, the closest part of any structure shall be set back at least ten (10) feet fr
om the side
propert
y line.
(3) Rear setback. The minimum rear setback shall betwenty-five (25) feet.
(4) Setbackfrom San Francisco Bay and its Estuaries. The following minimum setbacks from
San Francisco Bay and its estuaries Anna Lagoon, San
setback requirements in this section, the greatest minimum setback shall apply.
(A) On San Francisco Bay proper. An average setback of seventy-five (75) feet between any
structure and the shoreline as defined bythe Bay Conservation an
28Public Access Guidelines for the City of Burlingame.
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d Development Commission approved
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chez Channel,
and Burlingame Lagoon shall
apply
to any lot that is adjacent
to these water features.
In case of conflict
between these provisions and
other
setback requirements in this section, the greatest minimum setback shall apply.
(A) On San Francisco Bay proper. An average setback of seventy-five (75) feet between any
structure and the shoreline as defined bythe Bay Conservation an
28Public Access Guidelines for the City of Burlingame.
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d Development Commission approved
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(B) On the estuaries Anza Lagoon, Sanchez Channel, and Burlingame Lagoon. An average
setback of sixty-five (65) feet between any structure and the shoreline as defined by the Bay
Conservation and Development Commission approved Public Access Guidelines for the City of
Burlingame.
(C) In addition, for structures taller than forty (40) feet, the minimum setback from the Bay
Conservation and Development Commission bayside jurisdiction line shall be equal to the height ofthe
structure, and where there is no structure, the setback from the top of bank shall not be less than the
minimum width for the Bay Trail as required by the Bay Conservation and Development Commission.
(5) Parking location. No parking spaces shall be provided within the front setback on any
property; driveways shall be allowed in the front setback; parking spaces at the rear of a building shall
be set back twenty (20) feet from the inner edge of the Bay Trail.
(6) View corridor. To provide a view corridor, the width of any structure or combined
structures on a lot shall not obstruct more than fifty (50) percent of the street frontages.
(7) Height.
(A) No structure shall exceed a maximum height ofsixty-five (65) feet except on the properties
with any frontage on Burlingame Lagoon on which the heights shall range from twenty-five
(25) feet
to sixty-five (65) feet as described in the Anza Area Features Map in the Bayfront Specific Plan
;
(B) No building or structure shall exceed forty (40) feet when located within one hundred (100)
feet of the San Fran
cisco Bay shoreline as defined by the Bay Conservation and Development
Commission ,except as allowed pursuan
t to a conditional use permit as provided in section 25.47.025.
(8) Lot coverage. There shall be a maximum lot coverage of thirty-five
25.47.045 Minimum lot size and street frontage.
(a) There shall be a minimum lot size of fort
(35) percent;
y thousand (40,000) square feet and a minimum
� street frontage of one hundred (100) feet. No property in the district shall be divided or subdivided into
a lot with less area or less street fr
ontage.
(b) A ten (10) percent increase in floor area ratio and in hotel rooms per acre shall be allowed
single project
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that combines one or more lots of less than 40,000 square feet to create a single lot
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of 40,000 square feet or more with a lot front of at least one hundred (100) feet on the west side of
Airport Boulevard,
25.47.048 No variance for lot size and street frontage.
No variances for lot size or street frontage shall be granted to any property within the Anza
districtI
25.47.050 Landscaping and design requirements.
Standards for landscape and design in the Anna subarea are taken from the Bayfront Specific
Plan Design Guidelines and shall be supported in their implementation by incorporation of the adopted
guidelines:
(a) A minimum of fifteen (15) percent of the total area of each property or group of properties
to which a land use is applied shall be suitably landscaped and the landscaped portions shall be properly
irrigated and maintained. A landscaping plan shall be submitted with any application for an approval
under this title for any use on the lot.
(b) Atleasteighty(80)percentofthefrontsetbackshallbelandscaped;landscapingmayinclude
walkways an
d seating features; driveways shall not be counted as landscaped area; in addition, all areas
between the front setback and any building shall be lan
dscaped;
(c) A minimum of ten (10) percent of all on-site parking areas shall be landscaped.
(d) Each building or group of buildings upon a lot or parcel of land shall provide a fully
enclosed, attached or detached structure for refuse an
d garbage containers. These enclosures maybe
placed only at the sides of the building or buildings and shall be no closer than seventy five (75) feet
to the rear property line. These facilities shall also be no closer than one hundred (100) feet from the
shoreline as defined by the Bay Conservation and Development Commission. Details of the enclosure
shall be submitted as part of the design review application.
(e) Loading docks and truck loading access shall be fully enclosed an
d placed only at the sides
of the building and be no closer than seventy five (75) feet to the rear property line. If placed
to the rear
of Lite
building, these facilities shall be no closer than one hundred (100) feet from the shoreline as
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defined by the Bay Conservation and Development Commission. Details of the enclosure shall be
submitted as part of the design review application.
25.47.052 Design Review
Construction and alterations including substantial construction or change to more than fifty (50)
percent
of the front fapade
or change to more than fifty (50) percent of any facade facing a public or
private
street or parking lot
shall be subject to
design review based on the design guidelines for the Anza
subarea of the Bayfront Specific Plan and shall be processed as provided in section 25.57.030.
(a) A design review application in the Anza Area 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 Anza subarea and the role of the shoreline in creating a network of interconnected open spaces; and
(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 with any water frontage, that the design is sensitive to
the surrounding bodies of water, physical and visual presence of the Bay Trail, and the orientation of the
prevailing winds; and
(3) On visually prominent sites and sites with shoreline as defined by the Bay Conservation and
Development Commission, the design shall fit the site, support the Bay Trail an
d 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 fits the site and is compatible with the surrounding
development and consistent with the design guidelines for the Anza subarea; and
(4) Compatibility of the architecture and lan
dscaping with the design guidelines for the Anza
subarea including materials used in existing development, location and use of plant materials, an
d
compatibility with transitions where chan
ges in land use occur nearby; and
(5) Architectural design consistency by using a single architectural style on the lot that is
consistent among primary elements of the structure(s)
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and with the directives of the design guidelines
for the Anza subarea; an
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(6) Provision of site features identified in the design guidelines such as orientation to minimize
wind obstruction on San Francisco Bay, protection of the Bay environment, and landscaping and
pedestrian circulation which enriches and enhances the existing recreation opportunities of the area,
including extension of the Bay Trail as well as the commercial neighborhood.
(b) When any part of a commercial structure is subject to design review, any awnings on the
commercial structures shall be included in the design review.
(c) Exemptions from design review:
(1) Applications forbuildingpermitsorplanningapprovalsfordevelopmentintheAnzadistrict
filed before October 19, 2005.
(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.
25.47.060 Public access.
Publi
c access shall be maintained and developedbased onthecity-adopted andBay Conservation
and Development Commission -approved Public Access Guidelines for Burlingame based on the
applicable water fr
ontage 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 from 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 Anza Lagoon, Sanchez Channel, and Burlingame Lagoon: An average setback of
sixty-five (65) feet as measured from the shoreline as defined bythe Bay Conservarion an
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d Development
Commission; in no case shall the area as measured from the top ofbank be less than
the minimum width
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for the Bay Trail as required by the Bay Conservation and 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 and shall be available to the public
in perpetuity as determined by the Bay Conservation and Development Commission;
� 25.47.080 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 beprovided on-site at the rate of one car space for each one hundred
� (100) square feet of gross floor area; and
(B) h1 addition, employee parking shall be provided on-site or within reasonable proximity, in
the judgment of the city planner, at the rate of one car space for each one thousand (1,000) square feet
of gross fl
oor area;
(2) Food establishments that 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 car space for each three hundred (300) square feet of gross floor area of food establishment.
However, food establishments located within a hotel or motel are not required to provide the additional
parking required under this subsection unless the food establishment has a public entrance that opens
directly to the exterior of the building.
(b) Instructional uses. Instructional uses related to a permitt
ed or conditional use shall provide
parking on-site at the rate of one space for each three hundred (300) square feet of gross fl
oor area;
(c) Bay Trail parking. On sites with frontage on San Francisco Bay an
d 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
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as public access parking by the property owner as required by the Bay Conservation and Development
Commission.
(d) Hotels. A hotel shall provide one additional, designated parking space for a shuttle bus.
Section 3. Chapter 25.41 is renumbered as Chapter 25.45.
Section 4. Section 25.45.052 is amended to read as follows:
25.45.052 Design Review
Construction and alterations including substantial construction or change to more than fifty (50)
percent of the front facade or change to more than fifty (50) percent of any facade facing a public or
private street or parking lot shall be subject to design review based on the design guidelines for the
Shoreline subarea ofthe Bayfront Specific Plan and shall be processed as provided in section 25.57.030.
(a) A design review application in the Shoreline 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 Shoreline subarea and the role of the shoreline in creating a network of interconnected open spaces;
(2) Respect and promotion of the str
eetscape by the placement of buildings to maximize the
commercial use of the street fr
ontage, off-street public spaces, and by locating parking so that it does
not dominate street frontages, and for properties fr
onting on Bayshore Highway, that the design
contributes to the interface with the Inner
Bayshore subarea as directed in the Bayshore specific plan;
(3) On visually prominent and gateway sites, whether the design fits the site an
d is compatible
j with the surrounding development and consistent with the design guidelines for the Shoreline subarea;
(4) Compatibility of the architecture and lan
dscaping with the design guidelines for the
Shoreline subarea including materials used in existing development, location and use of plant
materials,
and compatibility with transitions where changes in land use occur nearby;
(5) Architectural design consistency by using a single architectural style on the lot that is
consistent among primary elements of the structures) an
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ne subarea;
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d with the directives of the design guidelines
for the Shoreli
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(6) Provision of site features identified in the design guidelines such as landscaping and
pedestrian circulation which enriches the existing opportunities of the commercial neighborhood.
(b) When any part of a commercial structure is subject to design review, any awnings on the
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 Shoreline
district filed before July 20, 2005, and certain amendments to those applications or permits as
specifically provided in Ordinance No. 1756.
(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.
Section 5. Subsection 25.45.020(b) is amended to read as follows:
(b) Freestan
ding restaurants with a maximum floor area ratio of 0.15;
Section 6. Subsection 25.45.020(e) is amended to read as follows:
(e) Offices with a maximum floor area ratio of 0.9; however, neither health services nor medical
clinics are allowed;
Section 7. Subsection 25.45.025(f) is amended to read as follows:
(f) Gasoline service stations with a maximum of fi
ve hundred (500) square feet of retail sales
area, excluding specialty food shops, limited to minor automobile repair services, and limited to the area
identified as retail nodes in the Shoreline Subarea of the Bayfront Specific Plan
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Section 8. Subsection 25.43.020(g) is amended to read as follows:
(g) Office uses with a maximum floor area ratio of 0.9, that may include health services and
medical clinics not to exceed five thousand (5,000) square feet total in office structures over twenty
thousand (20,000) gross square feet, with parking as set forth in section 25.43.080 below;
Section 9. Subsections 25.43.030(e) and (f) are amended to read as follows:
(e) Convention and exhibition facilities;
(f) Incidental food establishment uses that are not the primary use of a building and do not meet
the other criteria of section 25.43.020;
Section 10. Subsection 25.43.045(a)(4) is amended to read as follows:
(4) Retail sales and personal service businesses with a maximum of five thousand (5,000) gross
square feet or less and which singly or in combination shall not to exceed fifty (50%) percent of the
floor area of any structure.
Section 11. Subsections 25.43.045(b)(4), (5), (6), (7), and (8) are amended to read as follows:
(4) Hotels and motels that do not meet the criteria of section 25.43.045(a) above;
(5) Any light industrial or manufacturing use, such as electronic, furniture, biotechnology, drug,
pharmaceutical, an
d printing, including associated laboratories;
(6) A car rental desk on a lot occupied by a hotel that does not affect the availability of on-site
parking for hotel guests and the use and parking for an
y on-site meeting facilities;
(7) Provision by a hotel of a park and fl
y program that involves the long term parking of
vehicles at a lot that is not approved as a commercial parking lot and that does not affect the availability
of on-site parking for hotel guests and the use and parking for an
y on-site meeting facilities;
(8) Gasoline service stations with a maximum of five hundred (500) square feet of retail sales
area, excluding specialty food shops, and limited to minor automobile repair services;
Section 12. Anew subsection 25.43.080(d) is added as follows:
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(d) Health service and medical clinic uses. Health service and medical clinic uses in structures
of more than twenty thousand (20,000) gross square feet shall provide parking on-site at the rate of one
(1) parking space for each three hundred (300) square feet of gross floor area occupied by the uses;
health service and medical clinic uses in structures smaller than twenty thousand (20,000) square feet
shall provide parking on site at the rate of one (1) parking space for each two hundred fifty (250) square
feet of gross floor area.
Section 13. This ordinance is to be published according to law.
ayor
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 6`h day of
September, 2005, and adopted thereafter at a regular meeting of the City Council held on the 19' day
of September, 2005, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, GALLIGAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
C:�FILES�Planning�ANZMREAdraftB-2005.o�d.wpd
8/26/2005
C t}i'Clerk
14 ANZA AREA