HomeMy WebLinkAboutOrd 16911
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ORDINANCE No. 1691
ORDINANCE OF THE CITY OF BURLINGAME
AMENDING VARIOUS PROVISIONS OF THE ZONING CODE TO ALLOW
HEALTH AND BEAUTY SPAS AND GRAPHICS ARTS AND DESIGN RETAIL
BUSINESSES IN THE BURLINGAME AVENUE
AND BROADWAY COMMERCIAL AREAS
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. This ordinance defines health and beauty spas and graphics arts and design retail
businesses so that those types of business can be located in the two Commercial Areas consistent
with Council and Planning Commission direction. It also reorganizes some provisions of Chapter
25.36 so that the Burlingame Avenue and Broadway Commercial Areas provisions are somewhat
easier to read and understand, and separates the regulations governing food establishments in those
two areas into a separate section.
Section 2. AnewSection25.08.322-1 is added to the Municipal Code to read as follows:
25.08.322-1 Graphics arts and design retail business.
"Graphics Arts and Design Retail Business" means apedestrian-ori
entedretail business that
must include all of the following: is pedestrian friendly, including from the sidewalk van
tage a
visible retail sales area, with at least twenty-five percent (25%) of the area of the first floor devoted
to retail sales oriented to walk-in retail business, and with more than twenty-five percent (25%)
of the gross revenues from the business derived from taxable retail sales.
Section 3. Anew Secfion 25.08.335-1 is added as follows:
25.08.335-1 Health an
d beauty spa
"Health and Beauty Spa" mean
s a personal service business focused on fitness analysis and
training for individuals and semi -private groups with more than twenty-five percent (25%) of the
gross revenues from Lite business derived from taxable retail sales. If any client group in an
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d beauty spa exceeds two (2) persons, the group is a class.
alysis
or training at a health an
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Section 4. Section 25.36.030 is amended to read as follows:
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25.36.030
Conditional uses requiring a conditional use permit.
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The
following are conditional uses requiring a conditional use permit:
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(a)
All permitted uses and all uses allowed with a conditional use permit in the R-1, R-2,
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R-3, and R-4 districts, and subject to the same regulations and restrictions applying to those uses
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in their respective districts, and subject to the building restrictions prescribed in sections 25.36.060
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and 25.04.080;
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(b)
Public garages;
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(c)
Gasoline service stations, subject to regulations prescribed in chapter 25.74;
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(d)
Transportation terminal, depot, station ticket offices and any building or structure used
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for the accommodation of passengers;
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(e)
Parking lots, subject to the regulations prescribed herein;
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(f)
Mortuaries;
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(g)
Financial institutions;
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(h)
Dry cleaning processing plants;
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(i)
Any structure that is more than thirty-five (35) feet in height;
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0)
C-2 uses in the areas described in section 25.36.035;
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(k)
Certain grocery, drug and department stores as described in section 25.36.032;
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(0
Drive-in services or take-out services associated with permitted uses;
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(m) Real estate;
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(n)
In association with a church or other religious or nonprofit institution, provision of
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temporary
shelter for homeless individuals or families, provided that the facility is located within
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a transportation corridor and the use does not occur continuously at any one location for more than
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six (6) months of any twelve (12) month period;
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(o)
Tanning facilities;
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(p)
Classes;
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(q)
Health and beauty spas;
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(r)
Graphics arts and design retail businesses; and
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(s)
Other uses similar in
character to
those
enumerated in
this section or
section 25.36.020
which will
not be obnoxious or
detrimental
to the
neighborhood
in which they
are located.
Section 5. Section 25. 36.040 is amended to read as follows:
25.36.040 Burlingame Avenue Commercial Area.
(a) Permitted uses in the Burlingame Commercial Area. Only the following uses are
permitted in subareas A and B of the Burlingame Avenue Commercial Area:
(1) Subarea A:
(A) Retail uses which achieve contiguous, pedestrian -oriented, retail frontage such as drug,
liquor, variety stores, paint and hardware, apparel, accessory, stationery, florists, household
furnishings, and furniture;
(B) Personal services, such as barber and beauty shops, photographic studios, shoe repair;
and
(C) Above the first floor only:
(i) Hotels; and
(ii) Offices except health services, real estate, and financial institutions;
(2) Subarea B:
(A) All uses permitted in Subarea A;
(B) Nurseries;
(C) Auto supply;
(D) Offices except health service, and except as provided in subsection (b)(2)(E) below;
(E) Computer programming and software equipment rental;
(F) Schools,—above the first floor only;
(G) Floor covering; and
(H) Household appliances.
(b) Conditional uses in the Burlingame Avenue Commercial Area. The following uses are
the only conditional uses allowed in subareas A and B of the
and shall require a conditional use permit:
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Burlingame Avenue Commercial Area
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(1)
Subarea A:
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(A)
Instructional classes incidental to retail or service use;
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(B)
Grocery stores and markets;
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(C)
Gasoline service stations;
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(D)
Schools, above the first floor only, which operate outside of peak retail hours only;
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(E)
Above the first floor only:
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(i)
Real estate; and
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(ii)
Financial institutions;
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(F)
Public utility and public service buildings and facilities;
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(G)
Laundry and dry cleaning agencies and processing plants;
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(H)
Drive-in services or take-out services associated with permitted uses;
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(I)
Food establishments; and
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(7)
Health and beauty spas below the first floor only.
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(2)
Subarea B:
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(A)
All uses requiring a conditional use permit in Subarea A, except financial and real
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estate;
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(B)
Pool halls, bowling alleys and other amusement uses;
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(C)
Health services;
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(D)
Residences above the first floor only;
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(E)
Real estate or financial institutions with frontage on Chapin Avenue, Primrose Road,
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Donnelly Avenue or the west side of Lorton Avenue north of Donnelly Avenue;
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(F)
Tanning facilities;
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(G)
Food establishments; and
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(H)
Graphics arts and design retail businesses.
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(c)
Nonconforming uses in the Burlingame Avenue Commercial Area. Notwithstanding
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any contrary provisions of Chapter 25.50 of this code, nonconforming uses in the Burlingame
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Avenue Commercial Area shall terminate only upon the vacation of the premises by the use
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occupying saidpremises on October 1, 198 1; provided, however, such existing nonconforming uses
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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) T ehicle parking in the Burlingame Avenue Commercial Area. Notwithstanding any
other provision of this code, the following shall apply to vehicle parking requirements in the
subareas A and B of the Burlingame Avenue Commercial Area:
(1) Uses permitted and exisfing on October 1, 1981, shall be exempt from the parking
requirements of this code.
(2) Businesses whose use becomes nonconforming as a result of the creation of this area
shall be exempt from parking requirements until the vacation ofthe premises by the use occupying
the premises on October 1, 1981.
(3) Anynewdevelopment,exceptreconstrncrionbecauseofcatastropheornaturaldisaster,
shall provide on-site parking, except that the first floor of such new development in subarea A shall
be exempt from parking requirements if the first fl
oor is used for retail or personal service uses.
(4) Buildings reconstructed after catastrophe or natural disaster ell all
berequiredtoprovide
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.
(e) Prohibited uses in the Burlingame Commercial Area. In addition to the uses prohibited
in C-1 district and elsewhere pursuan
t to this code, the following use is expressly prohibited in
Subarea A of the Burlingame Avenue Commercial
Area:
(1) Graphics arts an
d design retail business.
Section 6. Anew Section 25.36.041 is added as follows:
25.36.041 Broadway Commercial Area.
Area.
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(a) Permitted uses in the Broadway Commercial Area. Except as otherwise provided in
this section, uses permitted in the C-1 district are permitt
ed uses in the Broadway Commercial
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(b) Conditional uses in the Broadway CommercialArea. In addition to the conditional uses
allowed in the C-1 district, the following uses are only allowed in the Broadway Commercial Area
pursuant to a conditional use permit:
(1) Food establishments;
(2) Graphics arts and design retail businesses on the first floor only;
(3) Health and beauty spas on the first floor or above; and
(4) Health services above the first floor only.
(b) Prohibited uses in the Broadway Commercial Area. In addition to the uses prohibited
in the C-1 district, the following uses are prohibited in the Broadway Commercial Area:
(1) Financial institutions;
(2) Real estate;
(3) All other offices on the first floor; and
(4) Psychic services.
Section 7. Anew section 25.36.042 is added as follows:
25.36.042 Food establishments in the Burlingame Avenue and Broadway Commercial Areas.
(a) Applicability. The provisions of this section shall only apply to food establishments
in the Burlingame Avenue Commercial Area, Subarea A, and the Broadway Commercial Area.
(b) Subarea A of the Burlingame Avenue Commercial Area. hi Subarea A of the
Burlingame Avenue Commercial Area, the number of food establishments shall be limited to those
existing and in business on November 1, 1998, and at the locations as shown on the Burlingame
Avenue Commercial Area Subarea A Food Establishments by Type Tables approved by the City
Council on October 18, 1999. A food establishment is a business as defined in Section 25.08.268
and shall be deemed in business if it was legally open for business as a food establishment to the
public on November 1, 1998.
(c) Broadway Commercial Area. In the Broadway Commercial Area, the number of food
establishments shall be limited to those existing an
d in business on November 1, 1998, and at the
locations as shown on the Broadway Commercial Area Food Establishments by Type Tables
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approved by the City Council on October 18, 1999. A food establishment is a business as defined
in Section 25.08.268 and shall be deemed in business if it was legally open for business as a food
establishment to the public on November 1, 1998.
(d) Seating Area. The seating area of the food establishments described in subsections (1)
and (2) above as shown on the Burlingame Avenue Commercial Area Subarea A and Broadway
Commercial Area Food Establishments by Type Tables approved by the City Council on October
18, 1999, above may be enlarged only by amendment to the applicable conditional use permit for
the establishment.
(e) Changes in classification and replacement.
(1) A food establishment use classified as a fiill service restaurant by the Burlingame
Avenue Commercial Area Subarea A and Broadway Commercial Area Food Establishments by
Type Tables approved by the City Council on October 18, 1999, may change its food establishment
classification only to a limited food service or bar upon approval of an amendment to the
conditional use permit to the establishment.
(2) A food establishment use classified as a limited food service by the Burlingame Avenue
Commercial Area Subarea A and Broadway Commercial Area Food Establishments by Type
Tables approved by the City Council on October 18, 1999, may change its food establishment
classification only to a full service restaurant or bar with approval of an amendment to the
conditional use permit for the establishment.
(3) A food establishment use classified as a bar by the Burlingame Avenue Commercial
area A an
Area
d Broadway Commercial Area Food Establishments by Type Tables approved
by the City Council on October 18, 1999, may change its food establishment classification only to
a full service restaurant or a limited food service with approval of an amendment to the conditional
use permit for the establishment.
(4) A food establishment use classified as a specialty shop by the Burlingame Avenue
Commercial Area Subarea A and Broadway Commercial Food Establishments by Type Table
approved by Lite
City Council on October 18, 1999, shall be allowed to change to a different type
of food establishment. A specialty shop maybe replaced by another specialty shop at Lite
same
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location within the same or less square footage. If a specialty shop is changed to any other
classification the site shall not return to specialty shop use.
(5) A food establishment may be replaced by another food establishment of the same
classification so long as the replacement business is ofthe same classification as that shown for the
site on the Burlingame Avenue Commercial Area SubareaA and Broadway Commercial Area Food
Establishments by Type Tables approved by the City Council on October 18, 1999, subject to the
conditions of the existing conditional use permit, and it complies with the same conditions as in
the existing conditional use permit.
(f) Change in location.
(1) No food establishment shall occupy a location not shown on the Burlingame Avenue
Commercial Area Subarea A and Broadway Commercial Area Food Establishments by Type
Tables as approved by the City Council on October 18, 1999.
(2) Specialty shops shall not relocate to any other location on the Burlingame Avenue
Commercial Area SubareaA andBroadway Commercial Area Food Establishment byType Tables
list as approved by the City Council on October 18, 1999.
(g) Review of number of food establishment.
(1) When the total number of food establishments in the Burlingame Avenue Commercial
Area drops below fort
y (40) for a period of more than twelve (12) consecutive months, the city
planner shall report this to the planning commission an
d city council.
(2) When the total number offood establishments inthe Broadway
CommercialAreadrops
below twenty-three (23) for a period ofmore than twelve (12) consecutive months, the city planner
shall report this to the planning commission and city council.
(h) Expansion. An existing food establishment, including specialty shops, may be
expanded at its existing location so long as the expansion does not increase the size of the seating
area.
(i) Loss of use. A food establishment shall be deemed out ofbusiness when the premises
is occupied by another business which is not a food establishment.
(j) Performance standards. All
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food establishments shall comply with the following:
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(1)
Provide
trash
receptacle(s)
at location(s) and of a design selected by the city;
(2)
Provide
litter
control along
all frontages of the business and within fifty (50) feet of all
frontages of the business;
(3)Apply for a conditional use permit for delivery ofprepared food from the premise; and
(4) Food sales from a window or any opening within ten (10) feet of property line shall be
prohibited.
Section 8. This ordinance shall be published as required by law.
Mayor
I, ANN T. MUSSO, 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 17th day
of June, 2002, and adopted thereafter at a regular meeting of the City Council held on the lst day
of July" 2002, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, JANNEY, 05MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
S:\Ordinances\ord 1691.ard.wpd
7/1/2002
City Clerk
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