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HomeMy WebLinkAboutOrd 16031 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. 1603 ORDINANCE OF THE CITY OF BURLINGAME AMENDING THE CITY ZONING CODE TO REVISE THE STANDARDS FOR THE R4 DISTRICTS TO BETTER IMPLEMENT DESIGN REVIEW AND MAKE CONFORMING CHANGES IN THE MUNICIPAL CODE REGARDING CONDITIONAL USE PERMITS AND SPECIAL PERMITS The City Council of the City of Burlingame does ordain as follows: Section 1. On Apri120, 1998, the City Council adopted an interim ordinance to implement a design review process for construction of or additions to any second or taller story in any R-1 District in the City. The Council also adopted design guidelines to be used in this review. The design review process has now been used for six months and has assisted the community by requiring basic consistency within the design of the structure and with the surrounding neighborhood for these types of projects. B. The City of Burlingame's single-family neighborhoods consist of a variety of modest homes harkening back to bungalow, mediterranean, and California architectural styles. The Planning Commission is also refining the design guidelines that were adopted earlier in 1998. C. The amendments contained in this ordinance are intended to allow more design styles and to encourage retention of the elements that set Burlingame apart . These 3 elements of review, guidelines, and ordinance requirements will promote the integrity of the City's single- family neighborhoods that makes the City a special place to live. Section 2. Chapter 25.28 is amended to read as follows: Chapter 25.28 R-1 DISTRICT REGULATIONS Sections: 25.28.010 Scope of regulations. 25.28.020 Permitted uses. 25.28.030 Conditional uses requiring a conditional use permit. 25.28.040 Design review and hillside area construction permit. 25.28.050 Lot dimensions and lot requirements. J/9S 1 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, 25.28.060 Height limitations. 25.28.065 Lot coverage. 25.28.070 Floor area ratio. 25.28.072 Setback lines. 25.28.073 Exceptions. 25.28.075 Declining height envelope. 25.28.080 Interior access. 25.28.090 Multiple lots developed with a single structure. 25.28.010 Scope of regulations. The regulations of this chapter shall apply to all R-1 Districts. 25.28.020 Permitted uses. The following uses are permitted in the R-1 districts: 1. One building designed and used as a single-family dwelling; 2. Public buildings, public parks and playgrounds; 3. Accessory buildings, structures or uses including private garages, parking spaces, greenhouses, lath houses, playhouses, sheds, swimming pools and accessory buildings to serve sucL swimming pools, but not including group pools or swimming pool clubs; 4. Home occupations as defined in this title; 5. Letting of rooms, with or without meals, to not more than three (3) persons; 6. Storage of any trailer provided that no trailer shall be stored or permitted to be stored on that part of any lot or parcel of land upon which the construction of buildings is prohibited; and provided furt her, that no person shall use or permit to be used any trailer for the purpose of sleeping or as living quart ers; 7. Real estate signs as regulated in Title 22 of this code; 8. Church bulletin boards as an accessory use to permitted churches. 25.28.030 Conditional uses requiring a conditional use permit. 9/14/98 The following are conditions] uses requiting a conditional use permit: 1. Churches, convents, parish houses; 2. Schools, public and private, including religious or parochial schools; 2 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 3. Plant nurseries and truck gardening; provided that the produce therefrom shall not be retailed and delivered on the premises but may be delivered therefrom; 4. Public utility and public seryice structures or installations when found by the commission to be necessary for the public health, safety, convenience and welfare. 5. Demolition of a residential structure or an accessory structure thereto, which structure is built over or across two or more legally subdivided lots, and the construction of a structure upon one or more of said lots. See section 25.28.090. 6. Demolition of a residential structure or any accessory structure thereto, which structure is built on a site consisting of a legally subdivided lot and a portion of another lot which when combined with an adjacent lot will result in more building sites than existed before the demolition of said structures, and the construction of a structure on one or more of said lots. See section 25.28.090. 25.28.040 Design review and hillside area construction permits. Construction of or additions to second and taller stories of structures in the R-1 districts shall be subject to design review as provided in chapter 25.57. Certain new construction and additions to residences on lots in specified hillside districts are subject to the requirements of the Hillside Area Construction Permit as defined in chapter 25.61. 25.28.050 Lot dimensions and lot requirements. (a) Lot dimensions: (1) Lots of 6,999 square feet or less must have an average width of not less than fifty (50) feet, and all such lots or parcels of land shall have a frontage of not less than fi fty (50) feet on a public street; (2) Lots of 7,000 square feet to 9,999 square feet must have an average width of not less than fifty (50) feet, and all such lots or parcels of land shall have a fr fifty-five (55) feet on a public street; and 9/14/98 ontage of not less than (3) Lots of 10,000 square feet or more must have an average width of not less than fifty 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 (50) feet, and all such lots or parcels of land shall have a frontage of not less than (60) sixty feet on a public street. (b) Lots facing on a curved street: Lots or parcels which face on the curve of a curved street, where the radius of such curvature is less than forty-five k feet, may have a lesser frontage than required above, but not less than: (1) Thirty (30) feet fora 6,999 square foot or less lot or parcel,; (2) Thirty-five (35) feet for a 7,000 square foot to 9,999 square foot lot or parcel; or (3) Forty (40) feet for a 10,000 square foot or larger lot or parcel. (c) Lot sizes shoivn on Ordinance 712. On the map adopted by Ordinance 712 and as subsequently amended, (1) All lots shown in white shall have an area of not less than 5,000 square feet; (2) All lots shown within a border of horizontal crosshatching shall have an area of not less than 7,000 square feet; and (3) All lots shown within a border of vertical crosshatching shall have an area of not less than 10,000 square feet. (d) Dedication of easements to public streets. Where frontage on a pubhe street is impossible or impractical, the planning commission may recommend to the city council an easement or easements providing ingress from and egress to a public street in lieu of such street frontage. In any case, the City of Burlingame shall be made an owner of such easement. Recommendations of acceptance may be conditional. (e) Variances. Variances may be granted, in accordance with the provisions of chapter 25.54 of this code, only to the provisions of subsections (a), (b), and (c) above. (f) Fffect on lots or^ parcels recorded before 1958. The average width, lot frontage and minimum areas provided for in subsections (a), (b), and (c) above shall not apply to any lot or parcel of land of smaller dimensions appearing of record in the office of the county recorder of the County of San Mateo, or of the city engineer of the City of Burlingame, prior to June 18, 1958. No building permit shall be issued for the construction of any building on any lot divided or subdivided after said date which does not comply with the minimum requirements set forth 9/14198 4 11, 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 above, except as varied by subsections (d) and (e) of this section. (g) Conformance to this chapter. All the development requirements of chapter 25.28 lot dimensions and requirements shall apply to lands hereafter subdivided in accordance with the provisions of the Subdivision Map Act of the State of California; provided, however, that the planning commission and the city council may, in the considerations and acceptance of any tentative or final map submitted pursuant to the provisions of said Subdivision Map Act, approve or accept any such tentative or final map wherein one or more lots or parcels of land do not conform to all of the provisions of chapter 25.28, when the planning commission and the city council find that by reason of exceptional or extraordinary circumstances the approval or acceptance of such maps will not adversely affect the comprehensive zoning plan of the city. (h) Minimr�m lot size, for lands annexed after 1960. No lands annexed to the City of Burlingame after May 31, 1960, which are thereupon classified for residential uses shall be divided into lots having areas of less than ten thousand (10,000) square feet each. 25.28.060 Height limitations. (a) No stricture in an R-1 district shall exceed two -and -one-half stories or thirty (30) feet in height, whichever is less, as measured from average top of curb taken from the corners of the lot extended, except as follows: (1) A stnicturebetween thirty (30) and thirty-six (36) feet upon approval ofa special permit under chapter 25.52; 25.54. (2) A structure of thirty-six (36) feet or taller opal approval of a variance under chapter (b) Notwithstanding subsection (a) above, on a lot that slopes downward more than twenty- five (25) percent from the front property line toward the rear propert y line, no structure shall exceed twenty (20) feet in height above average top of curb taken from the corners of the lot extended. 9/14/98 (c) Notwithstanding subsection (a) above, on a lot that slopes upward more thantwenty-five (ZS) percent from the front propert y line to the rear property line, no structure shall exceed thirty G 1 2 3 4 5 6 7 8 9 1011 111 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (30) feet above average elevation as measured fifteen (15) feet behind the front property line of the lot at the intersection of the front and side setback lines at each side of the lot. 25.28.065 Lot coverage. The maximum lot coverage for all buildings and structures shall be forCy (40) percent, including balconies, stairs, roof overhangs extending more than twenty-four (24) inches, trellises and improvements which exceed thirty (30) inches in height above adjacent existing grade. The following shall be excepted from lot coverage: (a) Trellises where the maximum roof area as measured exterior edge to exterior edge cumulative on a property does not exceed one hundred (100) square feet and the maximum height, as measured from adjacent grade does not exceed nine and one-half (9.5) feet. 25.28.070 Floor area ratio. The maximum allowable floor area ratio based on gross floor area of structures for all construction on Tots zoned R-1 shall be: (a) For interior• dotswith attah ed garages: Thirty-two (32) percent plus 1,100 square feet which shall include attached garage and attached covered parking and other accessory structures; (b) For interior lots Nath detachedgar•ages: Thirty-two (32) percent plus 1,100 squarefeet plus up to 400 square feet in a detached single or two car garage and other accessory structures; (c) For• corner lots with attached garages: Thirt y-two (32) percent plus 900 square feet which shall include attached garage and attached covered parking and other accessory structures; (d) For earlier lots with detached garages: Thirt y-two (32) percent plus 900 square feet plus up to 350 square feet in a detached single or two car garage and other accessory structures. (e) Mctximvm home sine. The maximum single family residential house size shall be 8,000 gross square feet, excluding accessory structures. 9/14/98 1 2 3 4 5'' 6I 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 25.28.072 Setbacks. (a) Measunement. Measurement of all setbacks shall be from the lot line to the closest wall or any covered projection of any existing or proposed structure. (b) Front setbacks. (1) The minimum on setback to the first floor shall be fifteen (15) feet as measured from the lot front or the average front setback of properties with front setbacks on the same side of the street of that block, whichever is greater. The measurement shall betaken from the front property line to any wall or any covered projection of any existing or proposed structure. (2) Notwithstanding subsection (b) (1) above, the minimum front setback of an attached garage or attached covered parking shall be as follows: (A) Twenty-five (25) feet for a single car garage; (B) Thirty-five (35) feet for atwo-car garage. However, ifthe garage doors for the two -car garage are provided by two single doors, the front setback may be staggered at twenty (20) feet for one door and twenty-five (25) feet for the second door or side-by-side at twenty-five (25) feet. (3) The minimum front setback to a second floor shall be twenty (20) feet. However if the required front setback to all or a port ion of the first floor under the second floor is greater than twenty (20) feet, then the minimum front setback to each port ion of the second floor shall be the same as that for the portion of the first floor immediately underneath it. (4) Notwithstanding subsection (b) (1) above, the minimum front setback to all structures on lots fronting on El Camino Real shall be twenty (20) feet. (5) Notwithstanding subsections (b) (1), (2), (3), and (4) above, the front setback delineated on any approved subdivision map shall supersede any provision of this chapter. (c) Side setbacks. (1) If front and rear lot lines are equal, the minimum side setback shall be based on the front property line dimension; if front and rear lot lines are unequal, the setback shall be based on the width of the lot as measured between the midpoints of the two side lot lines. In either case the setbacks based on lot width shall be as follows: �nai9 s u 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 Side Setback Lines (in feet) Lots 42' wide or under ............................................ 3 Lots over 42' and less than 51' ............................... 4 Lots over 51' and less than 54' ............................... 5 Lots over 54' and less than 61' ............................... 6 Lots over 61' wide and over .................................. 7 (2) The minimum side setback to second stories shall be based on the declining height envelope. (d) Rear setbacks. (1) The minimum rear setback to the first floor shall be fifteen (15) feet; (2) The minimum rear setback to the second floor shall be twenty (20) feet from the rear property line (e) Corner lots. (1) Front and rear setbacks to first and second floors shall be the same as for interior lots. (2) The minimum side setback to the first floor of any structure or accessory structure shall conform to the district minimum for the interior side lot line and shall be seven and one-half (7 1/2) feet on the exterior side lot line; (3) The side setback to the second floor shall average at least twelve (12) feet from the exterior side property line with the following limitations: (A) The second floor shall not be closer than seven and one-half (7 1/2) feet to the exterior side property line; and (B) No more than twenty-five (25) percent of the length of the second floor wall shall be placed in the area between twelve (12) feet and seven and one-half (7 1/2) feet from the exterior side property line; and (C) The second floor side setback along the interior side shall comply with the declining height envelope requirements. 9/lA/98 0 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 25.28.073 Exceptions. 1. The following shall be exceptions to both lot coverage and setback lines: (a) Front entrance stairs and stoops with no roof, a maximum height from existing adjacent grade of three (3) feet, extend up to a maximum of six (6) feet into the on setback and extend no closer than three (3) feet to a lot line. (b) Bay windows on the first floor projecting into the front setback no more than one and one half (1 Yz) feet and not exceeding twenty (20) square feet in footprint. (c) Fireplace chimneys projecting into the front setback no more than two (2) feet and not exceeding six (6) feet in width. 2. The following shall be exceptions only to side and rear setback lines: (a) Fireplace chimneys projecting into a setback no more than two and one half (2 '/z) feet from a lot line shall be counted in lot coverage but not in setbacks. (b) Bay windows) projecting into exterior side setback not more than one and one half and not exceeding twenty (20) square feet in total footprint area, at least three (3) feet from any lot line, provided that bay windows) may not project into the interior side setback. (c) Cornices or eaves projecting into a side setback no more than fifty (50) percent of the required setback to a maximum of two (2) feet. (d) A detached garage or other one story accessory buildings: (1) located within the rear thirty (30) percent of the length of the lot line; or (2) a detached garage located within the rear forty (40) percent of the lot approved pursuant to a special permit; No garage structure in either the rear thirty (30) or forty (40) percent of the lot shall be more than twenty-eight (28) feet in width or depth; (e) Greenhouse window(s) projecting no more than one (1) foot and a minimum ofthree feet (3) above fi nished floor, not exceeding seventeen (17) square feet inside the window casement area and at least three (3) feet fr om any lot line. (f) Open balconies projecting not more than four (4) feet into a front setback. Multiple balconies projecting from the same floor shall have a minimum horizontal separation often (10) feet. 9/14/98 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14, 15 16 17 18 19 20 21 22 D 24 25 26 27 28 3. The exceptions herein are subject to the following limitations: (a) No portion of the primary residential stricture shall extend closer than thirty (30) inches to the property line on the interior side setback. (b) Chimneys: (1) No portion of an existing chimney shall be allowed within one and one-half (1.5) feet of a side property line; (2) A new chimney shall be set back a minimum of two (2) feet from property line. 25.28.075 Declining height envelope. (a) There shall be a declining height envelope in this district departing from a height of twelve (12) feet above original existing grade aY each side property line set at an angle offorty-five (45) degrees until it intersects with a point seven and one-half (7 ''/2) feet above the second story finished floor, then it shall extend vertically to a maximum of thirty (30) feet or two and one-half (2 ''/z) stories. (U) No structwe shall extend above or beyond said envelope except: (1) Chimneys or flues, eaves to a maximum of two (2) feet or one-half the distance to property line whichever is less, and architectural features including gables without windows which do not create improved space and do not extend within the fi rst story side setback; (2) Window enclosures which create no more than thirty-fi ve (35) square feet offloor area within the structure and have a length no greater than ten (10) feet. At least twenty-fi ve (25) percent of the face of such enclosure as measured between the fi nished floor and the plate line shall be window area. (3) The side of asingle-family or duplex structure which is located adjacent to an existing two-story residential structure so that the properties on which they are located share a side propert line, provided: setback; and �nai�s y (A) The second story is not closer to the property line than the required first floor (B) If the second story wall is outside of the declining height envelope and adjacent 10 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 to an existing two story wall, the second story plate line is no higher and no longer than the second story plate line on the adjacent property; and (C) If there is a two story residential structure on each side of a lot, only one side wall may be exempt from the declining height envelope; and (D) If any portion of the second story of au existing two story house adjacent to either side of the lot complies with the declining height requirements, the adjacent wall ofthe new construction shall not be exempt (4) Where the slope on a lot along the front property line varies one (1) foot or more from corner to corner, the measurement for the declining height envelope point of departure shall be the average elevation as taken at the intersection ofthe side property line with the fifteen (15) foot front setback line and the fifteen (15) foot rear setback line. (5) Where the slope on a lot between the front setback and rear setback lines on either side property line varies by two (2) feet or more, the measurement for the declining height envelope point of departure shall be the average elevation as taken at the intersection of the side property lines with the front and rear property lines. (6) Where the finished first floor of a house is more than three (3) feet above average finished grade and the area below or basement is not improved area, the measurement for the declining height envelope shall be fourt een (14) feet above the side property line. I 25.28.080 Interior access. There shall be a stairway, elevator, ramp or similar access between all floors of improved area within a single family residential structure. Such access shall be located within the exterior walls of the str ucture. 25.28.090 Multiple lots developed with a single structure. ( a) This section shall apply to all lots which are required to obtain a conditional use permit pursuant to section 25,28.030 (5) or (6). Demolition of existing structures or construction of new structures upon any such lot shall not be commenced until and unless a conditional use permit and vnaivs 11 1 2 3 4 5 6 7I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 any variances and special permits required by this section and a building permit are first obtained. (b) In considering the conditional use permit for either standard or substandard lots the commission shall evaluate in addition to the criteria for a conditional use permit: (1) The blend of mass, scale and dominant structural characteristics of the new construction with the existing street and neighborhood; and (2) The var ety of roof line, facade, exterior finish materials and elevations ofthe proposed new struchires. (3) The commission shall also consider the necessity or mitigation for the removal of any protected trees, as defined in section 11.06.020 ofthis code, which are located within the footprint of any proposed stn�cture. (c) A variance shall be required, inaddition to and as a part of the conditional use permit, if, on a substandard lot, the following maximum gross floor area ratio of all structures is not met: (1) Thirty-two (32) percent plus 750 square feet with an attached garage. (2) Thirty-two (32) percent plus 750 square feet plus up to 350 square feet in a detached single or two car garage and other accessory structures. Such maximum allowable house size shall become effective upon the issuance of a building permit for the construction and may not be exceeded without amendment of the conditional use permit. Section 3. Section 25.08.125 is amended to read as follows: 25.08.125 Bedroom. "Bedroom" means an enclosed area that: (a) Is within a structure; and (b) Is seventy (70) square feet or more with no dimension less than seven (7) feet; and (c) Contains one or more windows and a door; and (d) Is not a kitchen, living room, or dining room. A room having the potential of being a bedroom shall be considered a bedroom for parking calculation purposes, unless the doorway access to the room with potential for being a bedroom is only through another bedroom. i9 s 12 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 4. Section 25.08.212 is amended to read as follows: 25.08.212 Declining height envelope. "Declining height envelope means an inclined plane beginning at a stated height above grade at a side property line, and extending toward the center of the site at a stated upward angle. Section 5. Anew Section 25.08.657 is added to read as follows: 25.08.657 Trellis. "Trellis" means a structure with a roof made of repetitive members open to the sky and supported by posts, open on all sides. Section 6. Section 25.08.668 is amended to read as follows: 25.08.668 Window enclosure. "Window enclosure" is a dormer or similar architectural feature which contains one or more windows. The window area shall be at least twenty-five (25) percent of the area of the face of the dormer between the floor and plate line. Section 7. Anew Chapter 25.50 is added as follows: Special Permit Chapter 25.50 Sections: 25.50.010 Issuance -Purpose. 25.50.020 Findings and conditions. 25.50.010 Issuance - Pm•pose. (a) A special permit may be issued as provided in this chapter for any of the uses or purposes for which such permits are required or permitted by the terms of this article upon conditions designated by the planning commission. (b) The purpose of the special permit is to allow the proper neighborhood integration of I �na198 13 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 uses and features that may be suitable only in specific locations in a zoning district and only if such uses or features are designed or arranged on a location or in a structure in a particular manner; (c) The planning commission may impose such requirements and conditions with respect to location, construction, architectural features, architectural consistency within the structure, site planning and time limits for the special use permit as it deems necessary for the protection of adjacent properties, the street scape, the neighborhood and the public interest. The commission may require tangible guarantees or evidence that those conditions are being, or will be, complied with. 25.50.020 Findings and conditions. The planning commission may grant a special permit in accord with this Yitle ii; from the applicant and the facts presented at the public hearing, it finds: (a) The blend ofmass, scale and dominant structural characteristics ofthenew construction or addition are consistent with the existing structure's design and with the existing street and neighborhood; (b) The variety of roof line, facade, exterior finish materials and elevations of the proposed new structure or addition are consistent with the existing structure, street and neighborhood; (c) The proposed project is consistent with the residential design guidelines adopted by the city; and (d) Removal of any trees located within the footprint of any new structure or addition is necessary and is consistent with the city's reforestation requirements, and the mitigation for the removal that is proposed is appropriate. Section 8. Section 3.21.040(g)is amended to read as follows: (g) Receive, review and transmit to the planning commission all applications for variances, conditional use permits, special permits, amendments, environmental determinations and other matters on which the commission is authorized to act under the provisions of this code; vuaivs Section 9. Section l 1.06.060(c) is amended to read as follows: 14 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 (c) Renrovaioiop4rririrngofprotectedtreesorrvsaevelopeaorrteaeveiopeaproperty. When an application for development or redevelopment of a property containing one or more protected trees is filed in any office or department of the city, the person making such an application shall file a site plan showing the location of buildings or strictures or of proposed site disturbances, and the location of all trees. The director shall determine if all protected trees are shown. An authorized representative of the department shall make an inspection and shall file a report of his findings and recommendations to the director. Subject to the replacement provisions of section 11.06.090, the director shall approve the removal of protected trees within the footprint of approved construction in the R-1 zone, which construction does not require a variance, conditional use permit, or special permit under Title 25 of this code. The notice and appeal provisions of sections 11.06.070 and 11,06.080 shall not apply to such approvals. Section 10. Section 12.04.060(c) is amended to read as follows: (c) Permits. The city engineer, if the health safety and general welfare ofthe public will not be unreasonably impaired, may grant a permit for the construction of driveways, having widths in excess of these hereinabove provided for in this section as follows: (1) In districts classified for multiple -dwellings he may grant a special permit for a driveway or driveways exceeding twenty-five percent of the street frontage where such excess can be shown to be essential and necessary but such driveway or driveways may not exceed seventy percent of the street fr ontage. (2) In commercial districts he may grant a special permit for a driveway not exceeding seventy percent of the street frontage including the fr ontage on each street in the case of a corner lot or in the case of lots fronting on two streets, in order to give access to areas used for the off- street parking of vehicles, for off-street loading zones or for gasoline service stations. (3) In industrial districts he may grant a special permit for a driveway or driveways not exceeding seventy percent ofthe entire street frontage where off ramps are installed between the property line and the building. 9/14/98 -street parking facilities or loading 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14, 151'''. 16 17 18 19 20 21 22 23 24 25 26 27 28 (4) In districts classified for single family or two family dwellings, he may grant a special permit for: (A) A driveway width ofup to sixteen feet for two covered parking stalls where Or frontage is less than sixty-four feet; (B) A driveway width of up to twelve feet for one covered parking stall where lot frontage is less than forty-eight feet. Section 11. Section 12.04.070 is amended to read as follows: 12.04.070 Variances by planning commission. When a variance, conditional use permit or special permit is granted by the planning corrunission and additional driveways or parking areas are required by the commission, then the conunission may increase the allowable driveway percentage as a condition for the permitted use. Section 12. Section 18.07.080 is amended to read as follows: 18.07.080 Section 303.4 amended--Expiratimr of construction permit—Failure to complete. Section 303.4 of the building code is amended to read as follows: (a) All work to be performed under a construction permit shall be completed within the maximum time allowed as set fort h herein. Failure to complete the work within the time allowed, unless an extension of time has been specifically approved by the building official will cause the permit to become null and void. A new permit requiring compliance with all current codes and payment of all fees shall be required to recommence the work. The request for an extension of the time must be submitted in writing prior to the expiration of the time allowed. (b) The fee for the fi rst extension shall be the amount required for the original permit. The fee for the second and any subsequent extension shall be double the original permit fee or $300.00, whichever is greater. If no changes in plans or specifications have been made, no additional plan checking fee shall be required for an extension. �nai�s Total Valuation of Work Time Allowed $1000 or less 3 months Over $1000 to and including $10,000 6 months 16 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 Over $10,000 to and including $50,000 12 months Over $50,000 to and including $1,000,000 18 months Over $1,000,000 to and including$ 2,000,000 24 months Over $2,000,000 to and including $10,000,000 30 months Over $10,000,000 36 months (c) Notwithstanding any other provision of this code, if a consYiuction permit was issued for all or part of a project which was required to obtain a conditional use permit, special permit, variance or traffic allocation, the construction permit shall expire and such conditional use permit, special permit, variance or traffic allocation shall be null and void if substantial progress has not occurred within one year from the issuance of the construction permit. Section 13. Section 18.18.060(1) is amended to read as follows: 1. An application for an antenna exception shall be processed pursuant to the procedures for granting a conditional use permit in chapter 25.16 of this code. Section 14. Section 22.10.010(b) is amended to read as follows: (b) Signs permitted by other sections ofthis title, excluding pole signs and projecting signs, when appropriate to those conditional uses described by the zoning ordinance which have a valid conditional use permit. Section ] 5. Section 22.54.040 is amendedto read as follows: 22.54.040 Signs and banners of a civic nature. The city manager may, upon written application to him, issues administrative sign permits upon such conditions as the manager may determine for temporary signs and banners of a civic, charitable, educational or municipal nature, including banners extended over a public street, and may waive the fee for such permits. The city manager shall, prior to issuance of a permit, require recominendations regarding matters of safety, construction and location from applicable city departments, and shall ensure that all the following conditions are fulfilled: 9!N/98 (a) Each sign is required for the convenience or safety of the public; 17 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 (U) Each sign is directly related to a use which is clearly of a noncommercial nature; (c) Each sign shall be limited to either the public right-of-way, and subject to the limitations of chapter 22.08, or to private property. No petition for a directional sign on property other than a public right-of-way shall be accepted unless signed and approved by the owner of the property on which such sign is to be located; (d) Each sign is of a temporary nature, and not to remain up longer than fourteen consecutive days in any twelve-month period. Section 16. Anew Section 22.04.472 is added as follows: 22.04.472 Sign permit, administrative. "Administrative sign permit" means a permit from the city manager required for signs and banners of a civic, charitable, educational or municipal nature. Section 17. Section 25.12.041 is amended to read as follows: 25.12.041 Continuation of existing use of unclassified lands. Any existing use ofunclassified land which was heretofore legally permitted may continue but may not be changed to any other use, expanded, extended beyond present confi nes or otherwise modified within a conditional use permit fr om the planning commission. Section 18. Section 25.12.042 is amended to read as follows: 25.12.042 Use of presently unused lands. Any land which is unclassified and unused may not be used for any purpose without a conditional use permit or until and following a completed proceeding to classify the land for the purpose intended. Section 19. The title of Section 25.] 6.050 is amended to read as follows: 25.16.050 Notice to property owners of an application far variance, conditional use permit, or special permit. 9/14/98 18 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 Section 20. Section 25.16.120 is amended to read as follows: 25.16.120 Unlawful to use property until authorization granted. It is unlawful for any person to use any land or building for any purpose requiring the granting of a variance or the issuance of a conditional use permit or special permit unless such variance has been granted or such conditional use permit or special permit has been issued. Section 21. Section 25.16.]30 is amended to read as follows: 25.16.130 Time limit for exercise of variance, conditional use permit, or special permit. In all cases where a use is conditional upon the granting of a variance or the issuance of a conditional use permit or special permit, such use shall be commenced within a period of one year from the date of the granting of the variance or the issuance of the conditional use permit or special permit, and in the event that such use shall not have been so commenced within such period, such variance or permit shall become null and void. Section 22. Section 25.28.030 is amended to read as follows: 25.28.030 Conditional uses. The following are conditional uses requiring a conditional use permit: 1. Churches, convents, parish houses; 2. Schools, public and private, including religious or parochial schools; 3. Plant nurseries and truck gardening; provided that the produce therefrom shall not be retailed and delivered on the premises but may be delivered therefrom; 4. Public utility and public service structures or installations when found by the commission to be necessary for the public health, safety, convenience and welfare. 5. Demolition of a residential structure or an accessory structure thereto, which structure is built over or across two or more legally subdivided lots,. and the construction of a structure upon one or more of said lots. See section 25.28.090. 9tl-0/98 6. Demolition of a residential structure or any accessory structure thereto, which structure is built on a site consisting of a legally subdivided lot and a port ion of another lot which when 19 1 2 3 I 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 combined with an adjacent lot will result in more building sites than existed before the demolition of said structures, and the construction of a structure on one or more of said lots. See section 25.28.090. Section 23. Section 25.30.030 is amended to read as follows: 25.30.030 Conditional uses. The following uses are conditional uses requiring a conditional use permit: 1. All uses allowed with a permit in the R-1 district and subject to the same restrictions and limitations; 2. Community clubhouses. Section 24. 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: 1. All uses allowed with a conditional use permit in the R-1 and R-2 districts and subject to the same restrictions and exceptions; 2. Parking areas; 3. Roominghouses or boardin(lhouses; provided, however, that no roominghouse or boardinghouse permit may be granted unless the commission determines that all following conditions are met: (a) No more than eight paying guests shall be permitted in one building, (b) Separate and adequate sanitary facilities shall be provided for each sex, (c) State and local laws for access and egress must be observed, including the provision of necessary fire escapes, (d) One garage space shall be provided for each rented room for the first four rooms and one additional space shall be provided for each additional two rooms, (e) When common kitchen and eating facilities are provided as part such services shall be limited to the residents of the boardinghouse, /98 of the house service, 20 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 (f) Not more than one identification sign, which shall not exceed two square feet in size, may be displayed on the property; 4. Group residential facilities for the elderly; 5. Any structure that is more than thirty-five feet in height (see 25.32.060). 6. In association with a church or other religious 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 months of any twelve month period. Section 25. Section 24.34.030 is amended to read as follows: 25.34.030 Conditional uses. The following are conditional uses requiring a conditional use permit: 1. All uses permitted with a conditional use permit in the R-1, R-2 and R-3 districts and subject to the same restrictions and limitations; 2. Bungalow courts, court apartments and similar uses; 3. Hospita]s, sanitariums, nursing or convalescent homes and similar uses, but excluding animal hospitals; 4. Clubs, associations and similar uses; 5. Apartments and residential hotels; 6. temporary Any structure that is more than thirty-five feet in height. 7. In association with a church or other religious or nonprofit institution, provision of shelter for homeless individuals or families, provided that The facility is located within a transport ation corridor and the use does not occur continuously at any one location for more than six months of any twelve month period. Section 26. Section 25.34.040 is amended to read as follows: 25.34.040 Building regulations. All building regulations required in R-3 districts shall apply with the following exceptions 9/]4/98 21 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 which shall require a conditional use permit: Bungalow courts, court apartments and similar uses may be composed of two or more detached dwellings on the same lot. Section 27. Section 25.36.030 is amended to read as follows: 25.36.030 Conditional uses requiring a conditional use permit. The following are conditional uses requiring a conditional use permit: 1. All permitted uses and all uses allowed with a conditional use permit in the R-1, R-2, R-3, and R-4 districts, and subject to the same regulations and restrictions applying to those uses in their respective districts, and subject to the building restrictions prescribed in sections 25.36.060 and 25.04.080; 2. Public garages; 3. Gasoline service stations, subject to regulations prescribed in chapter 25.74; y-five 4. Transportation terminal, depot, station ticket offices and any building or structure used for the accommodation of passengers; 5. Parking lots, subject to the regulations prescribed herein; 6. Mort uaries; 7. Financial institutions; 8. Dry cleaning processing plants; 9. Other uses similar in character to those enumerated in this section which will not be obnoxious or detrimental to the neighborhood in which they are located; 10. Any structure that is more than thirt 12. Certain grocery, drug and depart ment stores as described in section 25.36.036; y-five feet in height; 11. C-2 uses in the block described in section 25.36.035; 14. Real estate; 15. In association with a church or other religious or nonprofit institution, provision of temporary shelter for homeless individuals or families, provided that the facility is located within a I vnaivx ment stores as described in section 25.36.036; 13. Drive-in services or take-out services associated with permitted uses; 14. Real estate; 15. In association with a church or other religious or nonprofit institution, provision of temporary shelter for homeless individuals or families, provided that the facility is located within a I vnaivx 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 transportation corridor and the use does not occur continuously at any one location for more than six months of any twelve month period. 16. Tanning facilities; 17. Classes. 18. 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 28. Section 25.36.032 is amended to read as follows: 25.36.032 Grocery, drug and department stores. Grocery, drug or department store uses shall require a conditional use permit if they: L Operate outside the hours of seven a.m. to eleven p.m.; or 2. Include sale of alcoholic beverages; or 3. Abut a residential district and do not meet the following requirements: (a) All structures have a maximum height of eighteen feet; (b) A solid wall or fence of six feet in height is to be provided on or about the property line abutting the residential district; (c) Structures cover no more than fifty percent of the lot; (d) At least one hundred twenty percent of required off-street parking is provided; (e) No curb -cut is closer than twenty-five feet to the residential district; (f) The business is wholly contained within the structures on the lot; (g) All storage and loading areas and facilities are wholly contained on-site and at least fifteen feet fr om the residential district; (h) Areas between structures and adjacent residential districts are hraccessible to the public. Section 29. Section 25.36.035 is amended to read as follows: 25.36.035 Additional conditional uses in certain areas. In addition to the conditional uses set forth in section 25.36.030, the following areas shall have additional conditional uses requiring a conditional use permit described: 9/14/98 23 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. Hatch Lane. Uses permitted in section 25.38.020, except section 1, in the area bounded by California Drive, Highland Avenue, Howard Avenue, Hatch Lane and City Parking Lot "M". 2. Alurchison Drive -California Drive. Multiple family residential uses developed to the standards of chapter 25.34 and uses permitted in section 25.34.030, in the area bounded by El Camino Real, Murchison Drive, California Drive and northerly (rear) property line of all parcels facing Dufferin Avenue. Section 30. Section 25.36.040(b)(2)(A) is amended to read as follows: (A) All uses requiring a conditional use permit in Subarea A, except financial and real estate, Section 31. Section 25.38.030 is amended to read as follows: 25.38.030 Conditim�al uses. The following are conditional uses requiring a conditional use permit: 1. All uses permitted in C-1 districts for which a permit is required in such districts, except public garages, and subject to the same restrictions and exceptions; 2. In association with a church or other religious 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 months of any twelve month period. 3. Residential hotels; 4. Other uses similar in character to those enumerated iu this section or section 25.36.020 which will not be obnoxious or detrimental to the neighborhood in which they are located. Section 32. Section 25.40.025 is amended to read as follows: I 25.40.025 Conditional uses. 9/lA/98 The following are uses requiring a conditional use permit: 1. Massage, bathing or similar establishments. 2. Group residential facilities for the elderly. 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21I 22 23 24 25 26 27 28 3. Tanning facilities. Section 33. Section 25.41.025 is amended to read as follows: 25.41.025 Conditional uses. The following are uses requiring a conditional use permit: (a) Research and development offices and laboratories; provided that no product manufacturing is permitted; (U) Warehousing storage and distribution facilities when located on the same premises and in connection with executive and administrative offices, and provided fi�rtherthat such facilities shall not exceed forty-five percent of the total gross floor area of the structure or structures; (c) Trade, professional and art schools; (d) Buildings and structures that exceed thirty-five feet in height when located within one hundred feet of the San Francisco Bay shoreline, or area that is within jurisdiction of the San Francisco Bay Conservation and Development Commission (BCDC); (e) All buildings and structures that exceed the design guidelines for Bayfront Development as established by resolution of the city council; (f) Projects having a fl oor area ratio of more than one (FAR that exceeds 1.0); (g) Drive-in services or take-out serv ices associated with permitted uses; (h) Airport parking lots in the Anza Planning Area, as said area is described in Exhibit "M" of the Bayfr ont Specific Plan, which comply with at least the following criteria: 1. The sole purpose of the use is the parking for one day or longer of vehicles of persons using the San Francisco International Airport, 2. A minimum site size of three acres, 3. Permit term limited to five years, 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, 5. The Design Guidelines for Bayfront Development and Bay Conservation and Development Commission public access requirements are met, �nai9 s 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 6. No parking is within a structure above or below grade, (i) Massage, bathing, tanning or similar establishments when in compliancewith chapter 6.40 or 6.41; (j) Adult entertainment business as defined in chapter 25.76; (k) Other uses which, after a public hearing are on desirable and compatible with the purposes of the district; (1) Psychic services. Section 34. Section 25.43.030 is amended to read as follows: 25.43.030 Conditional uses. The following area conditional uses requiring a conditional use permit: 1. All development and structures which exceed the Specific Area Plan land use densities and the design guidelines for Bayfront Development, except that front setbacks shall be as set forth in section 25.43.055; 2. Automobile lease and sales businesses wholly enclosed within a warehouse structure; 3. Automobile rental businesses which meet the following minimum standards: (a) the use is the sole tenant and only occupant of any building or area on the site; (b) the site has a minimum size of seven -tenths (0.7) of an acre; (c) parking is provided on site for storage of at least 25 percent of the cars rented monthly, based on an annual average for the site; (d) parking is provided on site for all employees and customers; (e) the use meets all the other requirements of development in the district, including peak hour trip generation at critical intersections as defi for the Bayfront/Anza Areas; 9tl4/98 ned in the Traffic Analyzer and Specific Area Plan 4. Class or school use in office structures with less than 20,000 gross square feet with parking as set fort h in section 25.43.080(1); 5. Commercial recreation, including health clubs and gymnasiums; 6. Conference and exhibition facilities; 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 7. Free standing food establishments on parcels without frontage on Bayshore Highway and with a floor area ratio of .15 (FAR 15) and with parking as set forth in sections 25.43.080 (2). S. Incidental uses that are not the primary use of a building and do not meet the criteria of section 25.43.020(7); 9. Health services and medical clinics in structures less than 20,000 gross square feet of floor area with parking as set forth in section 25.43.080(4); provided, except that 10. Hotels and motels; (6:00) a.m. 11. Outdoor storage of materials incidental to permitted uses which storage exceeds 10% of the gross lot area and contractors storage yards; any 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; 12. Retail sales, retail service and retail/wholesale businesses, except food establishments, less than fifteen thousand (15,000) gross square feet offloor area; provided, except that grocery and drug store uses shall operate within the hours of six (6:00) a.m. and eleven (11:00) p.m. and shall not sell alcoholic beverages; 13. Single family dwelling in association with a permitted or conditional use, to be used by a night watchman or to provide security for the site; 14. Structures over 35 feet in height, 15. Theater for live performances; 16. Any use with a structure that covers more than sixty (60) percent of the lot; 17. Any commercial or industrial use similar in nature to one for which a permit is required in this or any other district. Section 35. Section 25.44.030 is amended to read as follows: I 25.44.030 Conditional uses. The following are uses requiring a conditional use permit: 1. Air courier, delivery , or other transhipment services, including trucking which do not meet the requirements for permitted uses. 2. Automobile rental businesses which meet the following minimum standards: 9/14/95 27 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 (a) The use is the sole tenant and only occupant of any building or area on the site; (b) The site is a minimum size of seven -tenths (0.7) of an acre; (c) Parking is provided on site for storage of at least 25 percent of the cars rented monthly, based on a annual average for the site; (d) Parking is prov ded on site for all employees and customers; and (e) The use meets all the other requirements of development in the district, including peak hour trip generat on at w itical intersections as defined in the Traffic Analyzer. 3. AutomoUile, recreation vehicle and truck lease and sales businesses that are wholly enclosed within a warehouse structure with no outdoor automobile or Yruck display areas; met: 4. AutomoUile storage for car rental businesses provided the following requirements are (a) Vehicles shall not be moved during a.m. and p.m. peak hour traffic periods as defined by the City Engineer; (b) Minimum site size of seven -tenths (0.7) of an acre; and (c) Area enclosed with an opaque fence eight (8) feet in height at a location approved by the Public Works Department. 5. Group instruction or school use with on site parling as required by chapter 25.70. 6. Commercial recreation, including health clubs and gymnasiums, -with on site parking. - 7. I3ealth services and medical clinics whose primary fimetion is to support businesses in the O -M and M -I districts. 8. Food establislvnents in multiuse buildings which do not meet the requirements of section 25.44.020-5. 9. Motor freight terminals whose site development meets the following requirements: (a) Provide on-site parking for all company vehicles dispatched from the site and for vehicles of employees working on the premises; and (b) Provide adequate on-site space for loading and unloading goods, equipment and materials. 9/]4/YS 10. Office uses that exceed fifty (50) percent of the gross floor area of a building where 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16i 17 18 19 20 21 22 23 24 25 26 27 28 parking is available on site to code requirements. 11. Outdoor storage ofrental or leased equipment south ofEaston Creek which is a primary use of the site, provided: (a) The storage area shall be paved, not located in required parking, aisles, driveway or landscaping and fiilly enclosed by either an opaque or solid fence or wall eight (8) feet in height or by a wall of the building itself; (b) If the storage area is located at the sides or rear of any building and not visible from the street, the eight foot fence or wall may be of open design. 12. Outdoor storage or treatment of materials which is not an accessory use to a permitted use with the following conditions: (a) Limited to the front, sides and rear of any building located south of Mills Creek, except that there shall be no such storage or treatment of materials in the front of those buildings having frontage on Rollins Road between Mills Creek and Broadway; (b) Limited to sides and rear of any building located north of Mills Creek, and those buildings having frontage on Rollins Road between Mills Creek and Easton Creek; (c) The storage area shall be paved,, not located in required parking, aisles, driveway or landscaping and fully enclosed by either an opaque or solid fence or wall eight (8) feet in height or by a wall of the building itself; and (d) If the storage area is located at the sides or rear of any building south of Mills Creek and not visible from the street, the eight foot fence or wall maybe of open design. 13. Recreation vehicle and truck rental businesses, excepting automobile rental, which use does not meet the requirements of: (a) The use is the sole tenant and only occupant of any building or area on the site; and (b) The site has a minimum size of seven tenths (0.7) of an acre. 14. Service businesses, excepting personal services, which do not meet the requirements for permitted uses. 15. Veterinary hospitals with associated animal care Facilities, excepting breeding and boarding facilities, where: 9nai9s 29 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 (a) All animal care activity is contained within a structure; (U) The noise level is not increased at property line by more than 5 dBA LIO; and (c) No animal is kept overnight without an attendant being present. 16. Living quarters in association with a permitted or conditional use, to be used by a night watchman or to provide security for the site; 17. Stnichires over thirty-five (35) feet in height. 18. Any structure or structures that cover more than sixty (60) percent of the lot. 19. Accessory uses which are necessary for the conditional uses under this section. 20. Retail sales as an accessory use to a warehouse use wholly enclosed within a structure for specialty providers with a single product line for the construction industry such as but not limited to plumbing fixtures, the outlets, paint stores. 21. Accessory uses related to a permitted use which requires outdoor treatment or processing of materials shall meet the following additional requirements; and (a) Is adequately screened from view from the street with an opaque eight (8) foot fence; (b) Is not located in the front yard of the property. 22. Any commercial or industrial use similar in nature to a permitted or conditional use in this or any other district. Section 36. Section 25.46.025 is amended to read as follows: 25.4G.025 Conditional uses. The following are uses requiring a conditional use permit: 1. Electronic devices or installations for the guidance or safety of air transportation; 2. Any permanent structure permanently affixed to the land. Section 37. Section 25.55.020 is amended to read as follows: 25.55.020 Granting a minor modification. 9/14/95 Upon application of the property owner the city plainer may grant no more than two minor 30 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 modifications and shall make the findings required by section 25.54.020 for variances; a public hearing shall not be required. An application which includes more than two minor modifications or which also includes a variance, conditional use permit, or special permit shall be processed pursuant to chapter 25.16. Section 38. Section 25.56.020 is amended to read as follows: 25.56.020 Conditional use permit required. All uses of real property of a school district, whether individual classrooms or entire sites, other than for public school classroom or administration purposes ofthe district, shall be conditional uses requiring a conditional use permit pursuant to the procedures of chapter 25.16. Section 39. Section 25.60.010 is amended to read as follows: 25.60.010 Conditional use permit requirements. Accessory struchires in the R-1 or R-2 districts shall be a conditional use requiring a conditionaI use permit if any of the following will exist: (a) Two or more accessory stnictures, each having over one hundred square feet gross floor area, will exist on a single lot; area; (b) Any single accessory structure will exceed six hundred (600) square feet ofgross floor (c) A11 accessory structures on a single IoY will exceed atotal of eight hundred (800) square feet gross fl oor area; (d) An accessory stnicture will occupy any portion of the lot in front of the main building; provided, where a dwelling has been erected on the rear sixty percent of the lot prior to January 15, 1954, a garage may be erected in front of the main building, but not in any port ion of the front setback; (e) An accessory structure will be erected closer than four (4) feet to any other structure on the same lot; 2811 (f) Accessory structures will cover more than fifty percent ofthe rear 30 (thirty) percent of 9noi9 s 31 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 a lot; (g) The plate line of the accessory structure will be more than nine (9) feet above grade at the closest point between the plate line and adjacent grade; (h) The roof height of the accessory structure will exceed ten (10) feet above grade, except the height may be increased one (1) foot for each foot of separation from an adjacent property line, up to a maximum height of fourteen (14) feet, provided: (1) Where the lot slopes more than ten (]0) percent at the location of the accessory structure, the maximum height shall be four (4) feet above the plate line; (2) The portion of the structure at the rear property line may have a maximum height of fourteen (14) feet if the structure has a pitched roof on both sides and the rear plate line does not exceed nine (9) feet above the natural grade; (3) The roofheight of an accessory structure may have a maximum height offifteen (15) feet above grade when the roof is pitched from ridge to plate on at least two sides, and the ridge is no closer than five (5) feet to a side property line, and the rear plate line does not exceed nine (9) feet above the natural grade; and (4) No portion of the space within any accessory structure between the top of plate and the lowest port ion of the roof structure including any dormer shall exceed seven (7) feet in height. (i) Windows of the accessory structure will be within ten feet of the propert y line or any portion of a window will be higher than ten feet above grade; (j) Water or sewer connections to the accessory structure will exceed building code minimums or the accessory structure will contain any shower, bath or toilet; (k) The accessory stricture will enclose mechanical equipment, excluding air conditioning equipment, which is designed to operate on a regular or continuous basis, which may be objectionable because of loudness, hours of operation, odor or other reason, and which is to be located less than twenty feet from any structure for habitation, or less than ten feet from any property line; provided such shall be allowed without a special permit if the building official approves the structure as adequately sound insulated; 9/14/95 (1) Storage of household goods, tools or equipment in the accessory stricture will exceed 32 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 ten percent of the gross floor area of the main dwelling structure; (m) Any portion of the accessory structure will be used for accessory living quarters, recreation purposes or for use in a home occupation, (n) The accessory structure will be a greenhouse, ]athhouse, lanai, patio shelter or similar structure exceeding one hundred twenty (120) square feet of gross floor area. Section 40. Section 25.61.030 is amended as follows: 25.61.030 Procedm•es when variance, conditional use permit, or special permit required. if such construction requires a variance, conditional use permit, or special permit under any other provision of this code, the hillside area construction permit shall be heard at the same time as the variance, conditional use permit, or special permit; the review criteria of section 25.61.060 shall apply. If such construction does not require a variance, conditional use permit, or special permit the procedures hereinafter set forth shall also apply. Section 41. Section 25.61.040 is amended Co read as follows: 25.61.040 Procedure when variance, conditional use permit, or special permit not required. If such constriction does not require a variance, conditional use permit, or special permit the following procedures shall apply. Upon receipt of a completed application for a hillside area construction permit, the city planner shall give mailed notice of the application to all owners of property within one hundred feet of the exterior boundaries of the subject property. They shall be informed of their right to request review under section 25.61.050. Notice of the application shall also be mailed to the planning commission and city council. Section 42. Section 25.61.050 is amended to read as follows: 25.61.050 Review of application. Any noticed propert y owner may request review ofthe application Uy written request Yo the city planner within seven days after the mailing of the notice of application. Review of the application may be requested by any member ofthe planning 9/14/YS commission or council by making such 33 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 request before the close of the meeting of the legislative body at which the notice is received. Upon receipt of a request for review the city planner shall thereafter process the application in the same manner as an application for a conditional use permit. Unless review of the application is requested, the hillside area construction permit shall be deemed approved upon the adjournment of the later ofthe planning commission or city council meeting following notice of the application. Section 43. Section 25.68.010(x) is amended to read as follows: (a) Except for such outdoor uses as teaching swimming or tennis, the use is confined within the primary dwelling unit, does not occupy required parking, open space or yard and, unless a conditional use permit has been obtained, does not occupy any accessory structures, including attached or detached garage; Section 44. Section 25.74.020(4) is amended to read as follows: (4) Conditional use permits for gasoline service stations may be granted if the proposed development plans are fi rst approved as provided in sections 25.16.040 through 25.16.080, inclusive, and upon showing that the development and maintenance of structures, fences, walls and screening, drainage, landscaping, signs, lighting, spaces for storage of waste products, appurtenant equipment, vending machines and off-street parking, serve the interest of the business community and the health, safety, peace, comfort and general welfare of the public; Section 45. Section 25.74.025 is amended to read as follows: 25.74.025 Lapse of conditional use permit for nonuse. If the use for which a conditional use permit for a gasoline service station has been granted is discontinued for a period of six consecutive months, such conditional use permit shall terminate, and the property shall then be subject to the permitted uses and regulations provided for in the district in which such property is situated. A conditional use permit granted under the provisions of this chapter shall terminate at the expiration of one year from the date of issuance unless the property affected thereby has been used �nai9 s 34 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 or occupied in conformity with such permit. Section 46. This ordinance shall be pi I, JUDITH A. MALFATTI, City Clerk ofthe City ofBurlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 9th day of September , 1998, and adopted thereafter at a regular meeting of the City Council held on the 23 day of September 1998, by the following vote: AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE C:\WP51\FILBS\ORDIN,� C�-1 oumil7�il.pin.wpd Deputy City Clerk 35