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HomeMy WebLinkAboutOrd 17601 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 ORDINANCE No. 1760 ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 25 TO ADOPT AN INNER BAYSHORE DISTRICT AND ADD CLARIFYING DEFINITIONS Section L In 2004, the City Council adopted a revised Bayshore Specific an to guide development and use of the Bayshore Area of the City. Among the subareas in the Plan is the Inner Bayshore, which includes a variety of uses and lot sizes. This ordinance implements the Specific Plan for this subarea. 25.43.010 Scope and purpose of regulations. Itis the purpose and policy ofthis 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 (C-4) Section 2. Anew Chapter 25.43 is adopted to read as follows: Chapter 25.43 Inner Bayshore District (IB) Sections: 25.43.010 Scope and purpose of regulations. 25.43.020 Permitted uses. 25.43.030 Conditional uses. 25.43.040 Prohibited uses. 25.43.045 Uses on properties with frontage on Bayshore Highway. 25.43.050 Ambiguity of use. 25.43.052 Design Review 25.43.055 Setbacks. 25.43.060 Minimum lot sizes and frontages. 25.43.065 No variances for lot size or frontage. 25.43.070 Landscaping and design requirements. 25.43.080 Parking requirements. 25.43.010 Scope and purpose of regulations. Itis the purpose and policy ofthis 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 (C-4) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and the Light Industrial District (M-1) zones. In its uses, this District shall be consistent with the intent ofthe 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. 25.43.020 Permitted uses. The following uses are permitted in the IB district (a) Air courier, delivery or other trans shipment services, including freight forwarding, which: (1) Provide on-site parking for all fleet vehicles; and (2) Provide on-site parking for all employees. (b) Any light industrial or manufacturing use such as electronic, furniture, biotechnology, drug, pharmaceutical and printing conducted wholly within a completely enclosed building, including associated laboratories, which: (1) Has a floor area ratio of no more than 0.5; and (2) Does not use impact presses of over twenty (20) tons rated capacity or machine -operated drop hammers; and (3) Encloses compressors and generators so that there is no increase in the twenty-four (24) hour ambient noise level in excess of 3 dBA at an y property line; and (4) Does not create an obnoxious or offensive presence or emission of odor, dust, gas, noise, bright lights, smoke, vibration, harmful sewer waste or have a detrimental effect on permissible adjacent uses; (c) Non -retail service businesses, including contractors, which: (1) Provide on-site parking for all company vehicles; and (2) On-site parking for all employees: and 2 1 2 3 4 5' 6 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) Adequate on-site, designated space for loading and unloading goods, equipment and materials; (d) Class or school uses in office structures over twenty thousand (20,000) gross square feet, where the total class or school use does not exceed twenty (20) percent of the gross floor area mi the lot, and with parking as set forth in Section 25.43.080 below; (e) Incidental food establishments within amulti-use building which meet all of the following I criteria: (1) Is not the primary use of the building or structure; and (2) Is open no earlier than six (6:00) a.m. and no later than five (5:00) p.m, and closed Saturdays and Sundays; and (3) Has a maximum size of one thousand five hundred (1,500) square feet; and (4) Is at least fifteen (15) feet in length and fifteen (15) feet in width; and (5) Has no sale of alcoholic beverages; and (6) Provides parking as set forth in section 25.43.080 below; (1) Laboratory and clean room facilities for research, testing or creating products and goods; (g) Office uses, including health services and medical clinics not to exceed 5,000 square feet total in office structures over 20,000 gross square feet, with parking as set fort h in section 25.43.080; (h) Warehouse uses and warehouse storage and distribution of goods, materials, liquids an d equipment conducted wholly within an enclosed building with a floor area ratio of not more than 0.5; (i) Outdoor storage of materials incidental to permitt ed uses with a maximum storage area of ten (10) percent of the gross lot area; all contractor's storage or outdoor storage areas shall be: (1) Limited to side and rear yards; and (2) Shall be paved; and (3) Shall be enclosed by an opaque fence or wall eight (8) feet in height; and (j) Accessory uses which are necessary for the permitted uses under this section and section 25.43.030; and all uses shall be required to provide trash enclosures adequate in size to accommodate storage for all trash generated on-site and an area adequate for recycling items as required by the city. 3 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 25.43.030 Conditional uses. The following are conditional uses requiring a conditional use permit: (a) Any use with a structure that: (1) Exceeds the maximum floor area ratio set forth in section 25.43.020; or (2) Exceeds the development density standards for that use established in the Inner Bayshore subarea of the Bayfront Specific Plan, unless otherwise prohibited by this chapter; or (3) Does not comply with a measurable standard of the design guidelines fox that use established in the Inner Bayshore subarea ofthe Bayfront Specific Plan, unless otherwise prohibited by this chapter; (b) Any light industrial or manufacturing use such as electronic, furniture, biotechnology, drug, pharmaceutical and printing conducted wholly within a completely enclosed building, including associated laboratories, which exceeds any of the performance criteria of section 25.43.020(b). (c) Automobile rental businesses which meet the following minimum standards: (1) The use is the sole tenant and only occupant of the lot; and (2) The lot is at least seven -tenths (0.7) of an acre; and (3) Parking is provided on-site for storage of at least twenty-five (25) percent of the cars rented monthly, based on an annual average for the site; and (4) Parking is provided on-site for all employees and customers; and (5) The use meets all the other requirements of development in the district, including peak hour trip generation at critical intersections as defined in the Traffic Analyzer and Specifi c Area Plan for the Bayfr ont/Anza Areas; (d) Technical schools with training directly related to permitted or conditional uses in the Inner Bayshore area, with parking as required by chapter 25.70; (e) Conference an d exhibition facilities; (f) Incidental food establishment uses that are not the primary use of a building and do not meet the criteria of section 25.43.020; (g) Outdoor storage of materials incidental to permitted uses which storage exceeds ten (10) percent of the gross lot area and contractors storage yards; an y such use shall be limited to side and rear yards, shall be paved, and shall be enclosed by an opaque fence or wall eight (8) feet in height; 4 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 (h) Structures over thirty-five (35) feet in height; (i) 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 lot using the adopted Bayfront traffic analyzer. (j) Drive-in services or take-out services associated with permitted and conditional uses. 25.43.040 Prohibited uses. Uses not listed as permitted or conditional are prohibited in the IB district, specifically including the following: (a) Automobile rental uses that do not comply with the criteria of section 25.43.030; (b) Automobile dealers and sales lots, wholesale and retail, and automobile leasing, whether freestanding, in office buildings, or in connection with other uses; below; (c) Automobile wrecking, junkyards, storage or baling of scraps, paper, rags, sacks or metals; (d) Freestanding food establishments on any properties without frontage on Bayshore Highway: (e) Gasoline service stations on an properties without frontage on Bayshore Highway; (f) Residential uses and buildings, except as part of a hotel as permitted under section 25.43.045 (g) Limousine and livery businesses and associated storage facilities; (h) Adult oriented businesses as defined in chapter 25.76; (i) Any use determined to be obnoxious or offensive; (j) Hotels, motels, and extended stay hotels without lot frontage on Bayshore Highway; (k) Long term airport parking facilities; and (1) Massage, bathing, tanning or similar establishments. 25.43.045 Properties with frontage on Bayshore Highway (a) In addition to the permitt Highway: ed uses in the Inner Bayshore district, the following uses are permitted uses on properties located in the Inner Bayshore Zone that have street fr ontage on Bayshore 5 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 (1) Free standing food establishments with a floor area ratio of no more than 0.15 and with parking as set forth in section 25.43.080; (2) Motels and hotels with a maximum density of sixty-five (65) 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 operations do not use parking required for primary hotel use, conventions and meeting facilities or 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; (3) Offices; and (4) Retail sales and retail 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.. (b) In addition to the conditional uses allowed in the Inner Bayshore Zone, the following uses are allowed with a conditional use permit on properties with street frontage on Bayshore Highway located in the Inner Bayshore Subarea: (1) Structures over thirty-fi ve (35) feet in height; (2) Convention and exhibition facilities; (3) Commercial recreation; (4) Hotels and motels that do not meet the criteria of section 25.34.045 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; (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; (8) Gas stations with a maximum of five hundred (500) square feet of retail sales area and limited to minor automobile repair serv ices, excluding specialty shop food establishments; (9) Incidental food sales and services in office buildings of twentythousan d (20,000) square feet 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 or more, not to exceed a maximum of one thousand five hundred (1,500) square feet; (10) Drive-in and take-out services associated with permitted or conditional uses; and (11) 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 lot using Lou adopted Bayfront traffic analyzer; (c) In addition to the uses prohibited in section 25.43.040 as expressly modified in subsections (a) and (b) above, the following additional uses are prohibited: (1) Outdoor storage, including outdoor storage ofmaterials or goods associated with a permitted or conditional use; and (2) Extended stay hotels. 25.43.050 Ambiguity of use. If ambiguity arises concerning the approximate classification of a particular use within the meaning and intent of this chapter, it shall be the duty of the planning commission to ascertain all pertinent facts concerning such use and determine into which classification such use shall be classified. Such decisions are appealable to the city council pursuant to section 25.16.070. 25.43.052 Design Review Construction an d alterations including substanfial construction or change to more than fifty (50) percent of the front fapade or change to more than fifty (50) percent of any fagade facing a public or private street or parking lot shall be subject to design reviewbased on the design guideli nes for the Inner Bayshore subarea of the Bayfront Specific Plan an d shall be processed as provided in section 25.57.030. (a) A design review application in the IB 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 Inner Bayshore subarea; (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 7 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 not dominate street frontages, and for properties fronting on Bayshore Highway, that the design contributes to the interface with the Shoreline subarea as directed in the Bayshore specific plan; (3) On visually prominent and gateway sites, whether the design fits the site and is compatible with the surrounding development and consistent with the design guidelines for the Inner Bayshore � subarea; (4) Compatibility of the architecture and landscaping with the design guidelines for the Inner Bayshore subarea including materials used in existing development, location and use ofplant 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) and with the directives of the design guidelines for the Inner Bayshore subarea; (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 IB district filed before August 4, 2005, and cert ain amendments to those applications or permits as specifically provided in Ordinance No. 1760. 125.43.055 Setbacks. The following minimum setbacks shall apply to all parcels locatedin the Inner Bayshore district: (a) Front setbacks: (1) All propert ies shall have a front setback of at least ten (10) feet except for front setbacks � from Bayshore Highway; (2) On lots with any street frontage on Bayshore Highway, there shall be an average front setback of fifteen (15) feet from Bayshore Highway; with at least forty (40) percent of the structure at the maximum setback 0 f fifteen (15) feet. 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 (b) There shall be a minimum ten (10) foot side setback. (c) Except for rear setbacks from Bayshore Highway, there is no minimum rear setback in the IB district. (d) In addit on to the setbacks set forth above, there shall be a fifteen (15) foot setback from Bayshore Highway for all below grade construction. 25.43.060 Minimum Lot Size There shall be a minimum lot size of ten thousand (10,000) square feet and a minimum street frontage of fifty (50) feet. No property in this district shall be divided or subdivided into a lot with less area or less street frontage. 25.44.065 No variance for lot size and 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. 25.43.070 Landscaping and design requirements. The following lan dscaping requirements shall apply to all parcels: (a) The landscape requirements of the design guidelines for the Inner Bayshore subarea of the Bayfront Specific Plan as adopted by the city council shall be met, including the requirement that sixty (60) percent of the front setback shall be landscaped. (b) On propert ies with any lot front on Bayshore Highway, the following additional landscape requirements shall apply: (1) A minimum of fifteen (15) percent of the total area of each lot shall be suitably landscaped and the landscaping shall be properly maintained. A landscape plan shall be submitted with an y appli cation for an approval under this title for any use on the lot. (2) At least sixty (60) percent of the area between the fr ont property line and the front of any building on a lot shall be landscaped. Where no building exists along a lot front, at least sixty (60) percent of Lite front setback area shall be landscaped; landscaping may include walkways and seating D 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 251 26 27 28 features. (3) At least ten (10) percent of all parking areas shall be landscaped. (4) A properly fenced and screened area for refuse, garbage, and recycling containers shall be provided for each building or group of buildings on a lot. Any such area shall be located at the side or rear of a building and shall not be located within one hundred (100) feet of the rear property line. (5) Loading docks and truck loading access shall be fully enclosed and shall be located at the side or rear of a building. (6) No parking areas shall be located within fifteen (15) feet of any lot front on Bayshore Highway, or within the side setback of any lot with a property line on Bayshore Highway. Driveways are allowed in any such side 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. 25.43.080 Parking requirements. (a) Except as otherwise set forth in this section, all uses shall provide parking in accordance with chapter 25.70. area. (b)Free-standing food establishments. Free standing food establishments shall provide customer parking on-site at the rate of one space for each one hundred (100) square feet of gross fl oor area; and employee parking on-site at the rate of one space for each one thousand (1000) square feet of gross fl oor (c) Incidental food establishments. Food establishments that are not the primary use of abuilding shall provide parking on-site at the rate of one parking space for each 300 square feet of gross fl oor area of food establi shment use. Section 3. Section 25.70.040 (Requirements for commercial and industrial uses) provision � regarding "Gymnasium and health clubs" is amended to read as follows: Commercial recreation, 1 space for each 200 sq. ft. of gross floor area gymnasiums and health clubs 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 4. A new Section 25.08.092 is added to read as follows: 25.08.092 Automobile dealers and dealerships. "Automobile dealers and dealerships" means an authorized automobile or vehicles sales agency or any business that acquires, leases, divides, distributes, or delivers at retail or wholesale, new or used automobiles and vehicles, including light trucks or vans, trailers, or recreation vehicles, and including any vehicle preparation or repair work considered as an accessory use; "automobile dealership" applies to the use of any building, land area, or other premise for the display and sale of new or used vehicles. Section 5. Anew Secfion 25.08.098 is added to read as follows: 25.08.098 Automobile repair, Minor "Minor automobile repair" means minor repairs, including sale and service of spark plugs, batteries and distributors and distributor parts, replacement of mufflers, tail pipes, water hose, fan belts, brake fluid, light bulb fuses, windshield wipers and wiper blades wheel bearings, radiator maintenance, adjusting and repairing breaks, and other incidental replacement of parts to passenger automobiles and trucks not to exceed one and one-half tons capacity. Section 6. Anew Section 25.08.300 is amended to read as follows: 25.08.300 Gas oline service station. "Gasoline service station" means the buildings and premises and use thereof fox the retail distribution of gasoline directly to motor vehicles except semi -trailer trucks, and minor automobile repairs, and including the sale of associated sundry items and pre -prepared foods for consumption off the premises in conjunction with the sales of gasoline provided that the gross floor area devoted to the sale of such sundry items and prepared foods does not exceed a maximum area of five hundred (500) gross square feet. Section 7. Secfion 25.08.370 (Hotel, apartment) is deleted Section 8. Anew Section 25.08.300 is amended to read as follows: 11 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 25.08.383 Hotel, Extended Stay "Extended Stay Hotel" means an establishment consisting of a building or group of attached or detached buildings containing lodging accommodations of one or more rooms typically let for periods of awe or more and that contain standard kitchens and appliances and other facilities to support such extended occupancy. "Extended stay hotels" includes residential hotels. Section 9. Section 25.08.370 (Hotel, apartment) is deleted. Section 10. Anew Section 25.08.386 is added to read as follows: 25.08.386 Hotel Room "Hotel room" means a room rented or used by a transient guest or customer that has four walls, a door, a bathroom, a closet with doors and a window, and that is a minimum of 300 gross square feet or the minimum square footage required by the California Building Code current edition as amended by the City of Burlingame, whichever is greater. Section 11. Anew Section 25.08.395 is added to read as follows: I� 25.08.395 Limousine and Livery businesses "Limousine and livery businesses" means a business that operates one or more automobiles, limousines, buses and/or shuffle buses for the commercial purpose of carrying passengers for a fee; the term limousine applies to the use of any building, land area or other premise for the storage, maintenance, and repair of vehicles used in the operation of the business or by the employees of the business. Section 12. Anew Section 25.08.386 is added to read as follows: 25.08.511 Parking lot, commercial. "Commercial parking lot" mean s a parking lot where the commercial parking lot use is the predominan t use for temporary parking of motor vehicles and is not associated with any other use on the site and for which a fee for parking is charged; "commercial parking lot" includes long term airport 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 271 281 parking lots and free standing parking lots where parking is the predominant use on the lot. Section 13. Section 25.08.555 (Real estate) is renumbered as 25.08.552. Section 14. Anew Section 25.08.554 is added to read as follows: 25.08.554 Recreation facility, commercial "Commercial recreation facility" means a recreation facilities operated as a business and open to the public for a fee. Such uses may include theaters for live performances, movie theaters, bowling alleys, gymnasiums and outdoor recreation uses such as golf driving ranges, water slides, soccer centers and enclosed sports facilities. Section 15. Anew Section 25.08.557-1 is added to read as follows: 25.08.557-1 Restaurant, Destinafion "Destination restaurant" means a full service food establishment in alocation where the majority of the customers arrive by automobile; such restaurants are required to have a site size sufficient to accommodate all parking for customers and employees on the same site as well accommodating landscaping and such amenities as the location may require, e.g. the Bay Trail, as set out in any applicable design guidelines adopted by the City. Section 16. This ordinance is to be published according to law. ayor r' 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 20`h day of June, 2005, and adopted thereafter at a regular meeting of the City Council held on the 5`h day of July, 2005, by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, NAGEL 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 191 20 21 22 23 24 25 26 27 28 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS:O'MAHONY L:�F'Il,ESVORDINANCAinnerbayshoxe2005-NternateA.ord.wpd 14 I