HomeMy WebLinkAboutOrd 17531
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ORDINANCE NO. 1753
ORDINANCE OF THE CITY OF BURLINGAME
AMENDING CHAPTER 6.38 TO CLARIFY FORTUNETELLING LOCATIONS AND
TITLE 25 TO CLARIFY USES IN SUBAREA D OF THE BURLINGAME AVENUE
COMMERCIAL AREA, CLEARLY REGULATE REMODELING OR REMOVAL OF
BUILDINGS IN SUBAREA A OF THE BURLINGAME AVENUE COMMERCIAL
AREA, EXPRESSLY ALLOW CHURCHES AS A PERMITTED USE IN THE R3
DISTRICT, AND REDUCE PARKING REQUIREMENTS FOR CERTAIN
SECONDARY DWELLING UNITS
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. This ordinance is intended to clarify specific issues in the Zoning Code.
(a) The ordinance clarifies that fortunetelling or psychic services will be treated as a
personal service use, unless otherwise provided.
(b) The ordinance details the uses to be permitted or conditional in Subarea D of the
Burlingame Avenue Commercial Area, confirming that office uses are only allowed with a
conditional use permit and allow automobile rental businesses as a conditional use under certain
narrow conditions.
(c) The ordinance sets forth limitations on removal or remodeling of buildings in Subarea
A of the Burlingame Avenue Commercial Area, while the City is working on a specific area plan
for the Area.
(d) The ordinance expressly permits churches in the R3 districts of the City, which is
consistent with the current location of many churches.
(e) The ordinance allows a property owner to not provide parking fox a secondary dwelling
unit under the City's amnesty program if
the unit is used for low income or very low income
affordable housing.
Section 2. Chapter 6.38 is retitled "Fortunetelling and Psychic Services."
Section 3. Section 6.38.010 is amended to read as follows:
6.38.010 Fortunetelling an
d Psychic Services.
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(a) It is unlawful for any person to conduct, engage in , carry on, participate in or practice
fortunetelling or psychic services or cause the same to be done for pay, without have first obtained
a permit therefore and without having posted and maintained in full force and effect a surety bond
as required by this chapter.
(b) No person shall conduct a fortunetelling or psychic service business at a location that
is not in accord with title 25 of this code, nor shall any person conduct a fortunetelling or psychic
service business at any address or location other than the address or location listed on the
application and fox which the permit is issued.
Secfion 4. Anew Section 25.36.036 is added to read as follows:
25.36.036 Building replacement in Subarea A.
The following provisions shall apply to the removal or remodel of any building constructed
within Subarea A of the Burlingame Avenue Commercial District:
(a) All facade changes shall be subject to commercial design review under chapter 25.57;
(b) No part of any building shall be removed or significantly altered on the exterior without
compliance with all the requirements of Californ
ia Environmental Quality Act, including an
analysis of the contribution, both independently and cumulative, of the structure to be replaced or
modified to the pedestrian -oriented retail fabric of and the city's general plan policies for Subarea
A; and
(c) A demolition permit shall not be issued until the planning commission has approved
the design review for the project.
Section 5. Section 25.57.010 is amended to add a new subsection (c) as follows:
(c) In addition
to the requirements of subsection (b) above, no building or construction
permit shall be issued for work on a building in Subarea A of the Burlingame Avenue Commercial
Area that involves any change to the front facade or an
y facade facing a public or private street or
parking lot unless the proposed chan
ge has been reviewed pursuant to this chapter.
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Section 6. Section 25.38.031 is amended to read as follows:
25.38.031 Burlingame Avenue commercial area.
The following provisions shall apply to the portions of Subarea B of the Burlingame
Avenue Commercial Area that are within the C-2 district and to Subarea D of the Burlingame
Avenue Commercial Area:
(a) Uses allowed in Subarea D. Notwithstanding any other provision of this chapter, the
following provisions specify the only permitted and conditional uses in Subarea D of the
Burlingame Avenue Commercial Area:
(1) The following uses are permitted uses:
(A) Retail sales of and service of automobiles and related storage;
(B) Automobile rental desks with no on-site rental car storage as an accessory use
to retail sales or service of automobiles, and open only when the primary auto sales or
service business is open; and
(C) Automobile sales lots.
(D) Retail sales of automobile parts and accessories.
(2) The following uses are conditional uses:.
(Al
Any residential use;
(B) Office uses;
(C) Retail sales other than those related to automobile sales or service;
(D) Personal services other than those related to automobile sales or service;
(E) Automobile rental businesses that meet all of the following minimum
standards:
(i) The use is located on a lot with an automobile sales or service use; an
d
(ii) Parking is provided on-site for storage of at least ten (10) percent of the
average number of vehicles rented monthly from the site; the average number shall
be calculated over a calendar year; however, in no event, shall storage for more than
fifty (50) rental vehicles be provided on-site; and
(iii) Parking is provided on-site for all employees and customers; and
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(iv) The automobile rental business is open only within hours that the
automobile sales or service use on-site is open..
(b) Permitted and conditional uses in Subarea B. Subsections 25.36.040(a) and (b)
governing permitted and conditional uses in the portions of Subarea B in the C-1 district shall also
govern permitted and conditional uses in the portions of Subarea B in the C-2 district.
(c) Nonconforming uses. Notwithstanding any contrary provisions of chapter 25.50 ofthis
code, nonconforming uses shall terminate only upon the vacation of the premises by the use
occupying said premises on October 1,1981; provided, however, such existing nonconforming uses
shall be allowed to continue despite destruction by catastrophe or natural disaster of the existing
structure, so long as the use occupying the space at the time of the catastrophe or natural disaster
is the use returning into the new structure. New uses in such structures must conform to the
permitted and conditional uses for the appropriate subarea.
(d) Vehicle parking requirements. Notwithstanding any other provision of this code, the
following shall apply to vehicle parking requirements:
(1) Uses permitted and existing on October 1, 1981, shall be exempt from the parking
requirements of this chapter.
(2) Businesses whose use becomes nonconforming as a result of the creation of this area
shall be exempt fr
om parking requirements until the vacation of the premises by the use occupying
the premises on October 1, 1981.
(3) Any new development, except reconstruction because ofcatastrophe or natural disaster,
shall provide on-site parking.
(4) Buildings reconstructed after catastrophe or natural disaster shall be required to provide
parking only for the square footage over an
d above the square footage existing at the time of the
disaster. This parking shall be provided on site.
Section 7. Subsection 25.59.060(a) is amended to read as follows:
(a) On site parking spaces based on the number of bedrooms in the primary dwelling and
one (1) space for the second unit shall be provided as follows:
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(1) Parking for the primary dwelling as required by chapter 25.70; and
(2) No more than two (2) of the required on-site parking spaces shall be in tandem
configuration, covered or uncovered; and
(3) No required parking may be provided in the front setback or yard, except in the
driveway; and
(4) All parking shall be provided on a hard, all-weather surface and properly drained to the
public street; and
(5) Notwithstanding subsection (a) (1) above, up to three (3) ofthe parking spaces required
for the property by this title maybe uncovered if, but only if, the secondary dwelling unit is only
used as an affordable dwelling unit as defined in chapter 25.63. As a condition of approval under
this subsection, the owner of the property will be required to enter into and record an agreement
generally in conformance with section 25.63.040 to ensure continued affordability of the secondary
dwelling unit.
(6) Notwithstanding subsection (a) (1) above, no on-site parking for the second unit shall
be required if, but only if, the secondary dwelling unit is only used as an affordable dwelling unit
for which either the rent or lease amount to be charged is at or below the amounts specified for
persons and families of low income as defined in section 50053 of the California Health & Safety
Code. As a condition of approval under this subsection, the owner of the property will be required
to enter into and record an agreement generally in conformance with section 25.63.040 to ensure
continued affordability of the secondary dwelling unit.
Section 8. Anew section 25.08.183 is added as follows:
I 25.08.183 Church.
"Church" means any building whereinpersons regularly assemble for religious worship, and
which is maintained and controlled by a religious body or organ
ization to sustain public worship.
Section 9. Section 25.08.545 is amended to read as follows:
� 25.08.545 Psychic sery
ices.
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"Psychic services" means a personal service that is provided by a business, individual, or
group of individuals who provide psychic, medium, palmist, or fortunetelling services.
Section 10. Section 25. 32.020 is amended to read as follows:
25.32.020 Permitted uses.
The fallowing uses are permitted in the R-3 districts:
(a) All uses permitted in R-1 and R-2 districts, subject to the same restrictions, regulations
and limitations that apply to those uses in their respective districts;
(b) Apartment houses and multifamily dwellings;
(c) Accessory uses as described for R-1 districts;
(d) Churches, convents, and parish houses.
Section 11. Section 25.32.030 is amended to read as Follows:
25.32.030 Conditional uses.
The following are conditional uses requiring a conditional use permit:
(a) A11 uses allowed with a conditional use permit in the R-1 and R-2 districts and subject
to the same restrictions and exceptions;
(b) Parking areas;
(c) Roominghouses or boardinghouses; provided, however, that no roominghouse or
boardinghouse permit may be gran
ted unless the commission determines that all following
conditions are met:
(1) No more than eight paying guests shall be permitted in one building; and
(2) Separate and adequate sanitary facilities shall be provided for each sex; an
d
(3) State and local laws for access an
d egress must be observed, including the provision
of necessary fi
re escapes; and
(d) One garage space shall be provided for each rented room for the first four (4}rooms and
one additional space shall be provided for each additional two (2) rooms; an
d
(e) When common kitchen and eating facties are provided as part
of the house service,
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such services shall be limited to the residents of the boardinghouse.
(f) Group residential facilmes for the elderly;
(g) Any structure that is more than thirty-five feet in height (see 25.32.060).
association with a church or nonprofit institution, provision of any use or activity
which is not directly related to providing religious services by the church or religious organization
including leasing of premises for instructional uses or non -religious based counseling services.
(i) In association with a church or nonprofit institution, provision of temporary shelter for
homeless individuals or
families,
provided that the facility is located within a
transportation
corridor and the use does
not occur
continuously at any one location for more than
six (6) months
of any twelve (12) month period.
Section 12. This ordinance shall be published as required by law.
/Mayor,: J
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 16" day
of May, 2005, and adopted thereafter at a regular meeting of the City Council held on the 6t' day
of June, 2005, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
C:\FILMS\ORDINANC\zoningupdate2005-ALTERNATE2. plawpd
City lerk
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