HomeMy WebLinkAboutOrd 17561
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ORDINANCE No. 1756
ORDINANCE OF THE CITY OF BURLINGAME
AMENDING TITLE 25 TO ADOPT A SHORELINE DISTRICT AND TO CLARIFY
UNCLASSIFIED LANDS CONFORMANCE TO GENERAL AND SPECIFIC PLANS
Section L In 2004, the City Council adopted a revised Bayshore Specific Plan to guide
development and use ofthe Bayshore Area ofthe City. Among the subareas in the Plan is the Shoreline,
which includes a variety of uses and lot sizes. This ordinance implements the Specific Plan for th s
subarea.
25.41.010 Scope and purpose of regulations.
It is the purpose and policy of this chapter to establish and maintain land uses for the areas
designated as Shoreline and Anza Extension subareas in the Bayfront Specific Plan, an
d to cause
development of buildings and structures that will benefit from their proximity to the open water areas
of San Francisco Bay and will support and be beneficial to the public access and use of this irreplaceable
natural resource. Development of these areas should contribute positively to the economic future of the
city. In creating this district, the city asserts that economic as well as aesthetic advantages 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.
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Section 2. Anew Chapter 25.41 is adopted to read as follows:
Chapter 25.41
C-4 Shoreline District Regulations
Sections:
25.41.010
Scope and purpose of regulations.
25.41.020
Permitted uses.
25.41.025
Conditional uses.
25.41.030
Prohibited uses.
25.41.040
Setbacks, minimum lot sizes, and development standards.
25.41.045
Height and bulk of buildings.
25.41.047
No variance for lot size or street frontage.
25.41.050
Landscaping and general design requirements.
25.41.052
Design review.
25.41.060
Public access.
25.41.080
Parking requirements.
25.41.010 Scope and purpose of regulations.
It is the purpose and policy of this chapter to establish and maintain land uses for the areas
designated as Shoreline and Anza Extension subareas in the Bayfront Specific Plan, an
d to cause
development of buildings and structures that will benefit from their proximity to the open water areas
of San Francisco Bay and will support and be beneficial to the public access and use of this irreplaceable
natural resource. Development of these areas should contribute positively to the economic future of the
city. In creating this district, the city asserts that economic as well as aesthetic advantages 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.
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25.41.020 Permitted uses.
The following uses are permitted Lu the Shoreline district:
(a) Commercial recreation facility that includes the sale of merchandise and items which are
related to the principal use but does not exceed one thousand five hundred (1,500)s are £eet of support
retail sales area;
(b) Restaurants with a maximum floor area ratio of 0.15;
(c) 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 service uses as meal
and beverage services, barber and beauty shops, smoke shops, 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; a motel or hotel may also have 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) Publicly owned recreafion facilities;
(e) Office uses with a maximum floor area ration of 0.9; and
(f) Adult oriented businesses that meet ail of the requirements of chapters 25.76 and 10.58 of
this code.
25.41.025 Conditional uses.
The following are uses requiring a conditional use permit:
(a) Motels and hotels with more than sixty-fi
ve (65) rooms to the acre or with a floor area ratio
more than 1.0, or both; facilities provided on site may include such retail sales an
d service uses as meal
and beverage services, barber and beauty shops, smoke shops, 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;
(b) As part of a hotel or motel use, an automobile rental desk or a park an
d fly program
� associated with the renting of rooms and that does not affect the availability of on-site parking fox hotel
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or motel guests and the use and parking for any on-site meeting facilities;
(c) Retail sales and personal service uses which are located in a designated retail node as shown
on the Shoreline subarea plan, which depend on proximity to San Francisco Bay and have a maximum
floor area ratio of 0.5;
(d) Commercial recreation facility including the retail sale of merchandise and items which are
related to the principal greater than one thousand five hundred (1,500) square feet ;
(e) Incidental food sales and services in office buildings oftwenry thousand (20,000) square feet
or more, not to exceed a maximum of one thousand five hundred (1,500) square feet and without
exclusive access to the outside;
(f) Gas stationswithamaximumoffivehundred(500)squarefeetofretailsalesareaandlimited
to minor automobile repair services, excluding specialty food shops, and limited to the areas identified
as retail nodes in the Shoreline Subarea of the Bayfront Specific Plan.
(g) Buildings and 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 and
Development Commission.
(h) All buildings, structures and site plans that do not comply with the adopted Design
Guidelines in the Bayshore Specific Plan for the Shoreline subarea as
established by resolution of the
city council;
(i) Drive-in services or take-out services associated with permitted and conditional uses;
(j) Massage, bathing, tanning or similar establishments when incompliance with chapter 6.40
or 6.41;
(lc) Structures over sixty-five (65) feet in height or five (5) stories;
(0 Structures which are wider than fi
fty (50) percent of the lot front or exceed the side setback
requirements;
(m) 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 analyzer.
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25.41.030 Prohibited uses.
Uses not listed as permitted or conditional shall be prohibited, including:
(a) Automobile dealers and sales lots, wholesale and retail, including automobile leasing,
freestanding and ino ce buildings.
(b) Automobile truck and other vehicle rental and associated rental storage, except a car rental
desk only is permitted inside hotels;
(c) Automobile wrecking, junkyards, storage or baling of scraps, paper, rags, stacks or metals;
(d) Extended stay hotels;
(e) Limousine and livery businesses and associated storage facilities;
(f) Restaurants and food establishments greater than 0.25 FAR;
(g) Commercial parking lots;
(h) Manufacturing and warehousing except as designated and limited in the permitted uses;
(i) Medical clinics and health services;
(j) Outdoor storage of merchandise, inventory, and material, including automobile storage lots
not related to a permitted or conditional use on the same lot or parcel; however, boats and boat trailers
maybe displayed in connection with permitted marinas; and
(k) Residential uses including mobile homes except for an owner/manager residence within
a motel or hotel as expressly permitt
ed above.
25.41.040 Setbacks, minimum lot sizes, height, and development standards.
(a) The following minimum setbacks shall apply to all
buildings and structures and shall apply
to any enlargement thereof:
(1) Front setback. Structures shall be set back at least ten (10) feet. At least fifty-five (55)
� percent of the buildings on the lot shall be set back between ten (10) and fifteen (15) feet fr
om the lot
front, and at least forty (40) percent of the buildings on the lot shall be set back at ten (10) feet fr
om the
lot front.
(2) Side seCback. Structures shall be set back at least ten (10) feet from side property lines, and
� no more than fifty (50) percent of the lot front shall be occupied by structures;
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(3) Rear setback. Structures shall be set back at least ten (10) feet from rear property lines.
(4) Setbacks from shoreline. In any event, structures shall be set back an average of seventy-five
(75) feet between structures 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.
(b) No parking spaces shall be provided within the ten (10) foot minimum setback across the
lot front on any property. Driveways axe 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
Shoreline subarea.
(c) To provide a view corridor, the width of a structure or combined structures on a lot shall not
obstruct more than fifty (50) percent of the length of the property line on Bayshore Highway; and the
development shall be consistent with the design guidelines fox the Shoreline Subarea.
(d) No structure shall exceed a maximum height of sixty-five (65) feet or five (5) stories,
whichever is less;
(e) There shall be a maximum lot coverage of thirty-five (35) percent;
(f) There shall be a minimum lot size of twenty thousan
d (20,000) square feet and a minimum
street frontage of fifty (50) feet. No propert
y in the district shall be divided or subdivided into a lot
with less area or less street fr
ontage.
25.41.045 Height and bulls of buildings.
For every project hereafter constructed or reconstructed in the Shoreline zoning district, the
height and bulk of buildings shall be further limited and based on the density of use establi
shed for the
Shoreline subarea in the Bayfront Specific Plan. For a use whose density is based on floor area ratio,
the building height and bulk is further limited and determined by the building or buildings relation to
the area of the lot or lots upon which the building is located as determined by the adopted ratio. Where
the density of the use is determined by some other standard than floor area ratio, the height and mass of
the structure or structures shall be further limited and based on the adopted design guidelines the
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development constraints documented in the Bayfront Specific Plan and zoning regulations for the area
in which the property is located.
25.41.047 No variance for lot size or street frontage.
No variances for lot size or street frontage shall be granted to any property wn the Shoreline
districtI
� 25.41.050 Landscaping and general design requirements.
Standards for landscape and design in the Shoreline district are taken from the Bayfront Specific
Area 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
maintained. A landscape plan shall be submitted with any application for an approval under this title
for any use on the lot.
(b) At least sixty (60) percent of the area between the front property line and the front of any
building on a lot shall be landscaped. Where no building exists along a lot fr
ont, at least sixty (60)
percent of the front setback area shall be landscaped. Lan
dscaping may include walkways and seating
features; driveways shall not be counted as
landscaped area.
(c) A minimum often (10) percent of all parking areas shall be landscaped.
(d) Each building or group of buildings
upon a lot or parcel of land shall provide a fully enclosed
area fox refuse, garbage, and recycling containers and such an
enclosure shall be placed only at the sides
or rear of the building or buildings, not within one hundred (100) feet of the rear property line, and
outside the jurisdiction of the Bay Conservation and Development Commission.. Details ofthe enclosure
shall be submitted as part of the design review.
(e) Loading docks and truck loading access shall be fully enclosed and shall placed only at the
sides or rear of the building, no closer than one hundred (100) feet to the rear property line, an
d outside
the jurisdiction of the Bay Conservation an
d Development Commission. Details of the enclosure shall
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be submitted as part of the design review.
25.41.052 Design Review
Construction and alterations including substantial construction or change to more than fifty (50)
V ercent of the front fagade or change to more than fifty (50) percent of any fagade facing a public or
V rivate 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 considerafions:
(1) Support of the pattern of diverse architectural styles as defined in the design guidelines for
the Shoreline 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
not dominate street frontages, and for properties fronting 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 and is compatible
with the surrounding development an
d consistent with the design guidelines for the Shoreline subarea;
(4) Compatibility of the architecture and landscaping 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 structure(s)
and with the directives of the design guidelines
for the Shoreline 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, an
commercial structures shall be included in the design review.
(c) Exemptions from design review:
y awnings on the
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(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) Applications for build ng permits or planning approvals for developments in the Shoreline
district filed before 5:00 p.m. on July 20, 2005, and certain amendments to those applications as
specifically provided in Ordinance No. 1756.
25.41.060 Public access.
(a) An average of seventy-five (75) feet of the lot as measured from the shoreline as defined by
the Bay Conservation and Development Commission shall be maintained and developed £or public
access based onthecity-adopted and Bay Conservation and Development Commission -approved Public
Access Guidelines for Burlingame.
(b) 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;
25.41.080 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. Establishments for the sale and consumption on the premises of
beverages, food and refr
eshments shall provide the following:
(1) Customer parking shall be provided
on-site at the rate of one car space for each one hundred
square feet of gross floor area; and
(2) 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 car space for each one thousand (1,000) square feet
of gross fl
oor area.
(b) Bay Trail parking. On sites with frontage on San Francisco Bay, the Bay Conservation and
Development Commission shall determine the number of on-site parking spaces to be designated for
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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.
(c) Hotels. A hotel shall provide the following additional parking:
(1) One designated parking space for a shuttle bus; and
(2) For anyfoodestablishment on the hotelproperty that has an entrance separate from thehotel's
main entrance, the number of parking spaces required for a food establishment under chapter 25.70.
(d) Gas stations. For each gas station with retail sales provided on-site, there shall be two (2)
on-site parking spaces provided and designated for retail sales customers in addition to on site parking
required for minor automotive repair services provided on site.
Section 3. Section 25.12.041 is amended to read as follows:
25.12.041 Continuation of existing use of unclassified lands.
Any existing use of unclassified land which was heretofore legally permitted may continue but
maynotbechangedtoanyotheruse,expanded, ext
endedbeyondpresentconfinesorotherwisemodified
without a conditional use permit from the planning commission and compliance with the city general
plan and any adopted city specifi
c plans, including their design guidelines.
Section 4. This ordinance is to be published according to law.
Vlayor
I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby cert
ify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 6`� day of June,
2005, and adopted thereafter at a regular meeting of the City Council held on the 20`t' day of June, 2005,
by the following vote:
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AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, UMAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NAGEL
S:\Ordinances\ord1756.ord.wpd
City Clerk