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HomeMy WebLinkAboutOrd 15861 2 3 4 5 6 7 8 9 10 11 12 13 14''. 15' 16' 17 18 19 20 21 221 23 24 25 26' 27'. 281 ORDINANCE No. 1586 ORDINANCE OF THE CITY OF BURLINGAME AMENDING VARIOUS PROVISIONS OF THE ZONING CODE TO CLARIFY AND SPECIFY CERTAIN PROVISIONS The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. Anew Section 25.08.045 is added to the Municipal Code to read as follows: 25.08.045 Psychicserviees. "Psychic services" means a business, individual, or group of individuals who provide psychic, medium, palmist, or fortune telling services. Section 2. Anew Section 25.08. ] 45 is added to the Municipal Code to read as follows: 25.08.145 Broadway Commercial Area. "Broadway Commercial Area" means the area shown on the map attached to Ordinance 1272, and this area shall be subject to the specific provisions of this code concerning uses therein. Section 3. Anew Section 25.08.160 is added to the Municipal Code to read as follows: 25.08.160 Burlingame Avenue Commercial Area. covered walkways and arcades, "Burlingame Avenue Commercial Area" means areas of the first and second commercial districts, as shown on the map attached to Ordinance 1214, and said areas and subareas thereof shall be subject to the specific provisions of this code concerning uses therein. Section 4. Section 25.OS.264-1 of the Municipal Code is amended to read as follows: 25.08.264-1 Floor area —Gross Square Footage. "Floor Area, Gross Square Footage" means the total area of all floors of a building or buildings as measured to the outside surfaces of the exterior walls of the structure or sultcriires and including ADOPTED ORDINANCE -1/13/98 such areas as halls, stairways, covered porches and balconies, covered walkways and arcades, elevator shafts, service and mechanical equipment rooms and Page 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 basements, cellars, and improved space in attic areas. Section 5. Section 25.08.265 of the Municipal Code is amended to read as follows: 25.08.265 Floor area ratio (FAR). (a) "Floor Area Ratio (FAR)" means the gross square footage of the floor area of a building or buildings as a ratio of the area of the lot on which the building or buildings are located. FAR for any lot includes new structures to be built and those remaining. (b) Szngle family reszdentzc�l. (1) In calculating FAR on single family residential dwellings or lots the measurement shall include the gross floor areas ofthe primary dwelling, attached garages, and all accessory structures on foundations. Open spaces within the structure wluch are higher than twelve (12) feet shall be counted as two floors. (2) Deducted from the floor area computation for single family residences are: (A) basements, whose walls are less than fifty percent above grade and have a habitable ceiling height as defined by the Uniform Building Code, and chimneys; (B) covered porches or decks on the fi rst floor totaling one hundred (100) square feet or less. An area under a balcony shall be considered a covered porch if the balcony is over an exterior exit fr om the building; (C) uncovered balconies and decks on the second floor; and (D) existing att ic areas retained, but not extended in new construction. In all other cases, habitable attic area shall be counted in calculating floor area ratio. (c) Commercial develop/nent. (1) In calculating FAR for commercial development the measurement shall apply to the gross floor area of the building above the average elevation of the curb opposite the fr ont wall and does not include basements or cellars. For parking structures and buildings having enclosed space without floors, each twelve feet in height shall be considered as a story. In addition, each fraction of twelve feet in height shall be calculated as a fraction of a story. The calculated gross floor area of parking structures, auditoriums and other buildings with large enclosed spaces shall be ADOPTED ORDINANCE -1/13/98 Page 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 determined by multiplying the covered lot area by the equivalent number of stories plus any fraction thereof The floor area ratio for both types of structures shall be determined by adding the floor area of the building to the calculated gross floor area of the building or structure with large enclosed space without floors, and dividing by the total lot area of the project. (2) Exempted from floor area ratio computation for commercial development are: (A) chimneys, cupolas, flag poles; (B) water tanks, elevator penthouses or other mechanical appurtenances; and (C) fire or hose towers. Section 6. Anew Section 25.08.387 is added to the Municipal Code to read as follows: 25.08.387 Improved space. "Improved Space" means any area within a structure for which a building permit was issued for the interior finish of the area. Improved space may or may not be habitable under current California Building Code requirements. Section 7. Anew Section 25.16.150 is added to the Municipal Code to read as follows: 25.16.150 Request for determination of city planner's decision. Any applican t or citizen may request that a determination made by the city planner regarding interpretation of the zoning ordinance and/or code enforcement be appealed to the Planning Commission within ten (10) working days of the Planner's decision. Such determination shall not require a public notice, but shall have apublic hearing. The Planning Conunission's decision on any determination shall be the final action on the determination. The decision of the Planning Commission may be appealed by any interested person to the City Council within the same time and in the same manner as provided in Sections 25.16.070 through 25.16.090. Section 8. Section 25.28.065 of the Municipal Code is amended to read as follows: � 25.28.065 New construction. Any construction on any primary dwelling which meets the definition of new ADOPTED OI2llINANCE-U13/98 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 construction as set forth in Section 25.08.477 shall meet all setback, height, and lot coverage requirements as well as providing two (2)covered and one (1) uncovered parking spaces on site. Section 9. Subsection 25.28.060(6) of the Municipal Code is amended to read as follows: 6. 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. Section 10. Subsection 25.30.050(6) of the Municipal Code is amended to read as follows: 6. All the development requirements of Chapter 25.30 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 25.30, 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. 28 �� Section 11. Subsection 25.30.071(2) of the Municipal Code is amended to read as ADOPTED ORDINANCE -1/1 3/98 Page 4 A. 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 follows: 2. Front. The minimum front setback line to the first floor shall be fifteen (15) feet as measured from the lot front or the average on the side of the street as measured from the lot front, whichever is greater, provided that the setback line delineated on any approved subdivision map shall supersede any provision of this chapter, except that there shall be a minimum setback of twenty (20) feet to the face of any garage or covered parking area. Section 12. Subsection 25.30.072(2)(f) of the Municipal Code is deleted, and a new Subsection 25.30.072(3) is added to read as follows: 3. The following shall be exceptions only to front setback lines: (a) Open balconies projecting not more than four (4) feet into a front setback. Multiple balconies on the same story shall not exceed the maximum projection and shall each have a minimum horizontal separation of at least ten (10) feet. Section 13. Subsection 25.32.040(3) of the Municipal Code is amended to read as follows: 3. All buildings shall be subject to the height, area, landscape, and garage limitations as provided in this code. Section 14. Subsection 25.32.050(6) of the Municipal Code is amended to read as I follows: 6. All the development requirements of Chapter 25.32 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 trial map wherein one or more lots or parcels of land do not conform to all of the provisions of ADOPTED ORDINANCE -1/13/98 Page 5 1 2 3 4 5 6 7 8 9 10 tl 12 13 14 t5 ]6 17 18 19 20 21 22 23 24' 25 26 27 Chapter 25.32, 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. Section 15. Anew Section 25.32.100 is added as follows: 25.32.100 Landscape requirements. No more than forty (40) percent of the front setback of the building shall be paving or other impervious surface. Section 16. Subsection 25.34.050(6) of the Municipal Code is amended to read as follows: 6. All the development requirements of Chapter 25.341ot 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 nal map map wherein one or more lots or parcels of land do not conform to all of the provisions of Chapter 25.34, 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. Section 17. Anew Section 25.34.100 is added to the Municipal Code to read as follows: 25.34.100 Landscape requirements. No more than fort other impervious surface. y (40) percent of the front setback of the building shall be paving or 28 �� Section 18. Subsection 25.36.030(17) is amended to read as follows: ADOPTED ORDINANCE -1/13/9 3 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 li 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. Classes. Section 19. A new Subsection 25.36.030(18) is added to the Municipal Code to read as follows: 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 20. Section 25.36.036 (Grocery, drug and department stores) is renumbered as Section 25.36.032, Section 21. Sections 25.36.031, 25.36.032, 25.36,033, 25.36.034, and 25.36.038 of the Municipal Code are deleted. Section 22. Section 25.36.040 of the Municipal Code is renumbered as Section 25.36.045, and a new Section 25.36.040 is adopted to read as follows: 25.36.040 Burlingame Avenue Commercial Area and Broadway Commercial Area. (a) Permitted arses 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 retail frontage such as drug, liquor, bakeries, variety store, paint and hardware, apparel, accessory, restaurants and coffee shops, florists, furniture and draperies, (B) Personal services, such as barber and beauty shops, photographic studios, shoe repair, (C) Above the first floor only: hotels, offices except health services, real estate and financial institutions; (2) Subarea B: (A) All uses permitted in Subarea A, ADOPTED ORDINANCE -V1 3/98 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24,,' 25 26 27 28 (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, (H) Household appliances. (b) Conditional uses in the Burlingame Avenue Connnercial Area. The following uses are the only conditional uses allowed in subareas A and B of the Burlingame Avenue Commercial Area and shall require a conditional use permit: (1) Subarea A: (A) Instructional classes incidental to retail or service use, (B) Grocery stores and markets, (C) Gasoline service stations, (D) Schools, above the first floor only, which operate outside of retail hours, (E) Real estate and financial institutions above the first floor only, (F) Public utility and public service buildings and facilities, (G) Laundry and dry cleaning agencies and processing plants, (H) Drive-in services or take-out services associated with permitted uses, (2) Subarea B: (A) All uses requiring a special permit in Subarea A, except financial and real estate, (B) Pool halls, bowling alleys and other amusement uses, (C) Health services, (D) Residences above the first floor, (E) Real estate or financial institutions with frontage on Chapin Avenue, Primrose Road, Donnelly Avenue or the west side of Lorton north of Donnelly Avenue; (F) Tanning facilities. (c) Nonconforming uses in the Burlingame Avenue Commercial Area. Notwithstanding ADOPTED ORDINANCE -1/17/9E Page 8 1 2 3 4 5 6 7 8 9 10 111 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 U any contrary provisions of Chapter 25.50 of this code, nonconforming uses in the Burlingame Avenue Commercial Area 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 parki»g in the Bzrrlingame Avenue Commercial Area. Notwithstanding any otherprovision ofthis code, the following shall applyto vehicle parlingrequirementsv�the subareas A and B of the Burlingame Avenue Conunercial Area: (1) Uses permitted and existing 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 ofthis area shall be exempt from 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 of catastrophe or natural disaster, 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 shall be required to provide parking only for the square footage over and above the square footage existing at the time of the disas ter. This parking shall be provided on site. (e) Prohibited uses in the Br^oadivay Comm aercial Area. In addition to the uses prohibited in C-1 districts, the foll owing uses are prohibited in the Broadway Commercial Area: 1. Financial institutions; 2. Health service and real estate, and 3. All other offices on the first floor. 4. Psychic services. (f) Food establishments in the Broa(&ay and Burlingame Avenue Commercial Areas. ADOPTED ORDINANCE -1/13/98 Page 9 1 2' 3 4 5 6 7 8 9 10 11 12 li 14 15 16 17 18 19 20 21 22 23 24 25 26, 27 28 (1) In the Broadway commercial area and the Burlingame Avenue commercial area, SUDarea A the number of food establislunents shall be limited to those existing and in business April 16, 1985. A food establishment is a business as defined in Section 25.08.268 and shall be deemed in business if it was open for business to the public on that date. (2) A business license, building permit or any other permit may be issued for any food estabhshlnentin said area if the premises is an existing food establishment. Food establishments shall not be relocated from one site to another. In the Burlingame Avenue Commercial Area, Subarea A, and Broadway Commercial Area, existing food establishments shall be those in business at the same location since April 16, 1985, or those which have a use permit for food establishment use. (3) Afood establishment shall be deemed out ofbusiness when the premises is occupied by another business which does not sell food. Section 23. Former Section 25.36.040, now renumbered as Section 25.36.045 of the Municipal Code is amended to read as follows: 25.36.045 Prohibited uses. Uses not listed as permitted or conditional in this district or any district subarea shall be prohibited, including: 1. Uses of any industrial nature, including, but not limited to junkyards and automobile wrecking establi shments; 2. Massage, bathing or similar establishments; 3. Adult entertainment businesses; 4. Psychic services. Section 24. Anew Section 25.36.070 is added to the Municipal Code to read as follows: 25.36.070 Minimum lot size and street frontage. Each lot in this district shall have an area of at least five thousand (5,000) square feet and a street frontage of at least fi ADOP'rF,D ORDINANCE-1/13�9R fty (50) feet. Page 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 Section 25. Section 25.38.03loi the Municipal Code 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 Commercial Area that are within the C-2 district and to subarea D of the Burlingame Avenue Commercial Area: (a) Uses allowed in sar6co^ea D. Notwithstanding any other provision of this chapter, any residential use or retail use other than those related to automobile sales and services shall be allowed only with a special permit in the subarea D of the Burlingame Avenue Commercial Area. (b) Pernailted and condztiortal uses an subarea B. Subsections 25.36.040(a) and (b) governing permitted and conditional uses liI the portions of subarea B in the C -]district shall also govern permitted and conditional uses in the portions of subarea B in the C-2 district. (c) Nonconfon�zi�2g'uses. Notwithstanding any contrary provisions of Chapter 25.50 of this 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) Tl' ehlcle parkzng requzremerzts. 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 from parking requirements until the vacation of the premises by the use occupying the premises on October 1, 1981. (3) Any new development, except reconstructionbecause ofcatastrophe ornatural disaster, shall provide on-site parking. (4) Buildings reconstructed after catastrophe or natural disaster shall be required to provide ADOPTED ORDINANCE -I/13/98 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 221 23 24 25 26 27 28 parking only for the square footage over and above the square footage existing at the time of the disaster. This parking shall be provided on site. Section 26. A new Subsection 25.38.035 (4) is added to the Municipal Code as follows: 4. Psychic services. Section 27. Anew Section 25.38.070 is added to the Municipal Code to read as follows: 25.38.070 Minimum lot size and street frontage. Each lot in this district shall have an area of at least five thousand (5,000) square feet and a street frontage of at least fifty (50) feet. Section 28. Anew Subsection 25.40.030 (3) is added to the Municipal Code as follows: 3. Psychic services. Section 29. Anew Section 25.40.060 is added to the Municipal Code to read as follows: 25.40.060 Minimum lot size and street frontage. Each lot in this district shall have an area of at least five thousand (5,000) square feet and a street frontage of at least fifty (50) feet. Section 30. Subsection 25.41.020(f) ofthe Municipal Code is amended to read as follows: (f) Office uses. Section 31. Subsection 25.41.025(a) oftheMunicipal Code is deleted and the subsections that follow are renumbered consecutively. Section 32. Anew Subsection 25.41.025 (1) is added to the Municipal Code as follows: I. Psychic services. ADOPTED ORDINANCE -1/13/98 Page 12 1 2 3 4' 5' 6 7 8 9 10 11 12 13 14 15 16 17 1.8 19 20 21 22 23 24 25 26 27 28 Section 33. Anew Subsection 25.41.030(f) is added to the Municipal Code is added to read as follows: (f) Health services. Section 34. Section 25.41.040 is amended to read as follows: 25.41.040 Setbacks, minimum lot sizes. (a) The following minimum setbacks shall apply to all buildings and structures or any enlargement thereof: Front setback .........................................Thirty Anew Subsection 25.43.040(12) (30) feet Side setback ... .... __. .............. _....... ......... Ten (10) feet Rear setback ..... ............ .............. Twenty-five (25) feet (b) There shall be a mirumum lot size of twenty thousand (20,000) square feet and a minimum street frontage of fifty (50) feet. No property in the district may be divided or subdivided into a lot with less area or less street frontage. Section 35. Subsection 25.43.030(8) of the Municipal Code is amended to read as follows: 8. Incidental uses that are not the primary use of a building and do not meet the criteria of section 25.43 d 020(7). Section 36. Anew Subsection 25.43.040(12) is added to the Municipal Code as follows: 12. Psychic services. Section 37. Subsection25.44.040(2) ofthe Municipal Code is deleted, and the subsections that follow are renumbered consecutively. Section 38. Former Subsection 25.44.040(7), now Subsection 25.44.040(6) of the Municipal Code is and to read as follows: (6) Living quarters and residential structures, except as provided in subsection aooeTEuORDINANCE -visi9s Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 201 21 22 23 24 25 26 27 28 25.44.030(17). Section 39. A new Subsection 25.44.040 (8) is added to the Municipal Code as follows: lot coverage 8. Psychic services. decrease in a Section 40. Section 25.44.060 is amended to read as follows: 25.44.060 Parking space requirements. All uses shall be subject to the provisions ofthis code and such additional parking conditions as maybe required for permitted or conditional uses pursuant to this chapter. Section 41. Anew Section 25.44.075 is added to the Municipal Code to read as follows: 25.44.075 Fence heights. Fences up to eight (8) feet in height, as measured from the highest adjacent grade, shall be allowed in this district, subject to the other requirements and limitations of this code, in particular Chapters 11.12 and 25.78. Section 42. Chapter 25.45 is repealed. Section 43. Subsection 25.55.01.0(1)(a) of the Municipal Code is amended to read as follows: (a) A maxunum increase in residential lot coverage to forty-one (4]) percent or a maximum decrease in a required side or rear setback by twenty (20) percent, Section 44. Section 25.55.040 of the Municipal Code is amended to read as follows: 25.55.040 Appeals of minor modification determinations. Appeals from the decision of the city planner shall be made to the planning commission within seven days after the public notice of the action of the city planner is mailed. Any member of the planning commission or council may request a review of a minor modification by making such aooi>TEooRoiNnN' craiisi9s Page 14 1 2 3 4 5'. 6 7 8 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 request to the city planner within seven (7) days of the date of mailing of the public notice. Upon receipt of an appeal, or a request for review by a commissioner or council member, the city planner shall forward the records on the matter to the planning commission at the earliest available date and cause notice of such hearing to be given as set forth in Chapter 25.16. The planning commission shall consider the matter in the same manner as an application for a variance. The decision of the city planner shall be final seven (7) days after the mailing of the public notice of the city planner's action, if no appeal is filed by any person or if no council member or commissioner requests review of the decision within that time. Section 45. Subsections 25.60.010(b)(2) and (b)(3) ofthe Municipal Code are amended to read as follows: (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 roof height of an accessory structure may have a maximum height of fifteen (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 fi ve (5) feet to a side property line, and the rear plate line does not exceed nine (9) feet above the natural grade; Section 46. Section 25.60.010(g) of the Mrmicipal Code is amended to read as follows: (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; Section 47. Subsections 25.68.020 ofthe Municipal Code are amended to read as follows: 25.68.020 Excluded occupations. Except as provided in Section 25.68.025 below, the following occupations and those considered to be of similar character by the city planner shall specifically prohibited as home occupations: contractor's office where employees report or assemble as a part ofthejob for other aJ)oPrrenoaoINnNce-1n3i98 Page 15 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, than administrative or bookkeepingpurposes; barbershop; beauty salon; massage studio; automobile repairing or painting, landscape contractor; clinic; hospital, kennel or other boarding of pets; legal, medical, or dental offices. Section 48. Section 25.68.025 is amended to read as follows: 25.68.025 Limited occupations. The following occupations and those consideredto be of similar character by the cityplanner may be carried on as home occupation subject to the requirements of Section 25.68.010 and the additional limitations set forth hereinafter: accountants, attorneys, psychic services, insurance and real estate agents. The additional limitations are: 1. The applicant shall be the sole person engaged in the business; 2. There shall be no other employees on-site or off-site; and 3. No clients shall come to the site. Section 49. Chapter 25.70 is amended to read as follows: Chapter 25.70 OFF-STREET PARKING 25.70.010 25.70.038 Requirements for Churches and Places of Publi Automobile parking spaces to be provided 25.70.020 c Assembly. Standards for parking spaces. 25.70.025 Requirements Standards for parking aisles and driveways. 25.70.030 Industrial Uses. Requirements for Single-family Dwellings. 25.70.032 Requirements for Duplexes, Apartment Hotels and Condominium. 25.70.034 Requirements for Rooming Houses, Motels, Hotels, Group Residential Facilities for the Elderly. 25.70.036 Requirements for Hospitals, including Critical Care, Convalescent and Extended Care. ADOPTED ORDINANCE -I / 13/98 Page 16 c Assembly. 25.70.040 Requirements for Commercial and Industrial Uses. ADOPTED ORDINANCE -I / 13/98 Page 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 25.70.042 Requirements for Other Uses. 25.70.044 Requirements for compact car spaces. 25.70.050 Exceptions for the C-1, C-2, C-4, M-1, and O -M districts and for non - conformities. 25.70.060 Computation where result is a fract onal space. 25.70.070 Computation of spaces for mixed uses. 25.70.080 Use of required parking spaces. 25.70.010 Automobile parleing spaces to be provided. L Parking required. At the time of erection of any building or structure, or at the time any building or structure is enlarged or increased in capacity, there shall be provided off-street parking space with adequate and proper provision for ingress and egress by standard size automobiles. 2. Parkzng with re»zocZel or reconsirz[clzorz. When any building is remodeled, reconstructed or changed in use by the addition of dwelling units, gross floor area, seating capacity, change in type of use or intensified use, such additional garage or parking facilities as may be required must be provided. 3. Minz17711177 requiremen tsThe regulations which follow are the minimum requirements unless specific requirements are made for a part icular use in a district. Additional spaces maybe provided. 25.70.020 Standards fm' parking spaces, The following are established as minimum parking space dimensions: 1. Open parking spaces, garages or carports, except when a lesser dimensions is hereinafter allowed, shall have a clear interior measurement of nine (9) feet in width and twenty (20) feet in length; 2. Garages and carports for single-family dwellings shall have a clear interior measurement of ten (10) feet in width and twenty (20) feet h1 length; ADOPTED ORDINANCE -L/13/95 Page 17 1 2 3 4 5 6 7 8 9 10 111 12 13 14 15 16 ]7 18 19 20 21 22 23 24 25 26 27 28 3. Compact car spaces, where allowed, shall have a clear interior measurement of eight (8) feet in width and seventeen (1 7) feet in length; 4. A parking space bordered in whole or in part by a structure, wall or fence along one or both lateral sides shall provide one (1) additional foot in width for each enclosed side; 5. A column may project not more than six (6)inches into any parking space and shall not interfere with opening of car doors or with car turning movemenTs; 6. Any parking space dimension shall be increased to size acceptable to the department of public works if more than three (3) vehicle movements are required Yo enter or exit the space; 7. All parking spaces shall have an unobstructed vertical clearance from floor to lowest projections on the ceiling within the parking area of seven (7) feet. 25.70.025 Standards for parking aisles and driveways. The following are established as minimum aisle and driveway dimensions: 1. Aisles. Required parking spaces shall open directly upon an aisle of the following �ninimwns: a. A thirteen (13) foot wide aisle shall be provided for forty-five (45) degree parking; b. An eighteen (18) foot wide aisle shall be provided for sixty (60) degree parking, c. A twenty-four (24) foot wide aisle shall be provided for ninety (90) degree parking, d. Where parking is provided parallel with the entrance driveway, and where a second aisle at right angles to the fi rst is not available for regular use of such parallel spaces, aisle width shall be increased to twenty-eight (28) feet for a minimum aisle length of twenty-seven feet, the minimum width of parking spaces with ingress and egress from such an aisle may be reduced by six (6) inches from the minimum elsewhere required, e. A separate means of egress shall be provided for all parking spaces at angles less than ninety (90) degrees unless an area is provided on site which allows a motor vehicle exiting such spaces to do so within three movements. A turning radius of twenty-eight (28) feet for outside clearance and fourt een feet for inside clearance shall be assumed; f Aisles with traffic moving in two directions shall be not less than eighteen (18) feet wide; ADOPTED ORDINANCE -I/13i98 Page 18 1 2 3 4 5 6 7 8 9 10 ]1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 g. All aisles shall have an unobstructed vertical clearance of seven (7) feet. 2. Driveivays. A driveway is the entrance into parking spaces or a parking facility from a public street or other traveled way. a. The minimum driveway width for single family and duplex residences shall be nine and one-half (9.5) feet; a driveway shall be no wider than the garage or parking area it serves; b. In all other cases, the minimum driveway width shall be twelve (12) feet for parking areas with not more than thirty (30) vehicles. Parking in areas with more than thirty (30) vehicle spaces shall have either two (2) twelve (12) foot wide driveways or one (1) eighteen (18) foot wide driveway; c. Egress into a public right -of --way shall be in the forward direction, except that backing into a pubic right -of --way shall be allowed for single family homes or duplexes; d. Maximum driveway slopes shall not exceed fifteen (15) percent at any point without special approval of the department of public works; slopes in excess of twenty (20) percent shall require approval of the planning commission. Transitional slopes are required for driveways which exceed ten (10) percent maximum slope. No transitional slope shall extend into a required parking space; e. A seven (7) foot minimum vertical clearance, measured at right angles to the slope, shall be maintained at all points on the driveway. However, a knockout bar with not less than six feet nine inches (6'-9") vert ical clearance may be installed at each entry or exit point with permission of the depart ment of public works. f. A six (6) inch rise above curb grade shall be installed at the property line for flood protection when required by the depart ment of public works. 25.70.030 Requirements for Single-family Dwellings. The following are parking requirements for single family dwellings. 1. Parking her requirements: ADOPTED ORDINANCE -1/111 space relvirements. There sha(1 be at least one permanently maintained garage or covered carport available to park a car for each single-family dwelling with the following furt Page 19 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. new construction with any number of bedrooms shall provide two (2) covered off- street parking spaces and one (1) uncovered off-street parking space b. existing single-family dwellings increased in size to three or our bedrooms shall provide off- street parking spaces to current code dimensions for at least two (2) vehicles, one (1) of wltich must be covered by a garage or carport; c. asingle-family dwelling hereafter increased in size to five (5) or more bedrooms shall provide off-street parking to current code dimensions for at least three (3) vehicles, two (2) ofwh ch must be covered by a garage or carport; d. for the purposes of subsections b and c above, an existing garage not less than eighteen (18) feet wide and twenty (20) feet deep interior dimension shall be considered to provide two (2) covered off-street par]<ing places. 2. Parking Aisles and drzvcways. Covered parking spaces shall have atwenty-four (24) foot back up area or be designed to be entered or exited in no more than three (3) maneuvers. All spaces must allow entry in three (3) maneuvers in the forward direction. 3. Parking lirnitatiorls: a. a vehicle shall not be parked between a structure and the front or side property line except in a garage, driveway or other approved parking; b. inoperative vehicles, vehicle parts, boats and campers (as defined by section 243 of the Vehicle Code) shall not be stored or parked in driveways or between a structure and fr ont or side property line; c. required covered parking shall not be provided in tandem configuration; d. required uncovered spaces may be provided in tandem configuration if such spaces are not required for new construction and may extend: (1) in areas with sidewalks, to the inner edge of the sidewalk; (2) in areas without sidewalks to five (5) feet from the inner edge of the curb, (3) in areas without either sidewalks or curbs, to five (5) feet from the edge of pavement ADOPTED ORDIVANCE -1p3/9H Page 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 25.70.032 Requirements for Duplexes, Apartment Hotels and Condominiums. The following are parking requirements for Duplexes, Apartment, Apartment Hotels and Condominiums: 1. There shall be at least one and one-half (1.5) permanently maintained parking spaces on the same lot with the building for each dwelling unit in the building. 2. For each dwelling unit containing two bedrooms, or two potential bedrooms, there shall be provided at least two (2) parking spaces. 3. For each dwelling containing three or more bedrooms, there shall be provided at least two and one-half (2.5) parking spaces. a. Eighty (80) percent of the total required parking spaces shall be covered or within a garage or carport. Parking spaces shall not be situated in the front or side setback areas. A vehicle shall not be parked between a structure and the front or side property lines except in a garage, driveway or other approved parking. b. Inoperative vehicles, vehicles, vehicle parts, boats and campers (as defined by Section 243 ofthe Vehicle Code) shall not be stored or parked in driveways or between a structure and front or side propert y lines. 25.70.034 Requirements for Rooming Houses, Motels, Hotels, Group Residential Facilities for the Elderly The following are parking requirements for rooming houses, motels, hotels, and group residential facilities for the elderly: L Lodging Houses, Rooming Houses. There shall be provided one parking space for each two lodging rooms plus one parking space for each two persons employed on the premises, including the owner or manager; 2. Motels, Holeis. There shall be provided one parking space for each dwelling unit or lodging room. 3. GroupReside»tialFacililzesforElderlyPeople. 'Chere shall be provided one parking 28 �� space for each three residential units where such facties are designed as separate units; if designed ADOP'rEll ORDINANCE -1/13/98 Page 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 as lodging rooms, one space for each four lodgers, plus one space for each two people employed on the premises. 25.70.036 Requirementsfoj ospitas, includingCriticalCare, ConvaleseentandExended Care. The following are parking requirements for Hospitals including critical care, convalescent and extended care: 1. Critical Came Hospitals. There shall be provided one car space for each one and one- half beds. 2. Com)alescent and Extended Care Hospitals. There shall be provided one car space for each three and one-half beds. 25.70.038 Requirements for Churches and Places of PuUlic Assembly The following are parking requirements for churches and places of public assembly: 1. There shall be provided parking spaces in the ratio of one space for each six permanent seats or, if there are no fuzed seats, one space for each sixty (60) square feet of floor space in the assembly area. 25.70.040 Requirements for Commercial and Industrial Uses. The following are parking requirements for Commercial and Industrial Uses. Parking spaces on the same lot shall be provided for commercial and industrial buildings as set forth in the following table of requirements: Health Services All other offices Retail stores ADOPTED ORDINANCE -1/13/98 1 space for each 250 sq ft of gross floor area 1 space for each 300 sq ft gross floor area 1 space for each 400 sq ft of gross floor area Page 22 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 Establishments for the sale 1 space for each 200 sq it of gross floor area and consumption on the premises of beverages, food and refreshments Classes as a part of another 1 space for each 50 sq ft of gross floor area for business or in an office or instruction industrial building Furniture stores, appliance 1 space for each 600 sq. ft. of gross floor area stores, bulk merchandise Repair shops, service shops, l space for each 800 sq. ft. of gross floor area machine shops, laboratories, any shop engaged in repairing, testing, manufac- turing, or processing materials or products Gymnasiums and health l space for each 200 sq. ft. of gross floor area clubs Industrial buildings, 1 space for each 1,000 sq. ft. of gross floor area wholesale establishments, warehouses Gasoline service stations At least 2 parking spaces for employees shall be V rovided on the property 25.70.042 Requirements for Other Uses. For uses not li sted in the above schedule of required parking, spaces shall be supphed on the same basis as provided for the most similar use, or as determined by the city planner. For such determination such matters as type of use and user, number of employees, number of visitors and similar factors shall be considered, in any case, where the decision of the city planner is contested by the applicant, his decision may be appealed to the planning commission. The commission may approve, disapprove or modify the decision of the city planner. 25.70.044 Requirements for compact car spaces. 28 Compact car spaces shall be allowed within industrial and commercial districts in the ADOP'rEll ORDINANCE -11,13/98 Page 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 following ratio: Required Parking Spaces 1-11 11-20 Over 20 Allowable Compact Spaces 0 1 20% of spaces over 20 Each compact car space shall be clearly marked "COMPACT CAR." The compact car spaces shall be distributed throughout the parking area. 25.70.050 Exceptions for the C-1, C-2, C-4, M -1, -and O -M Districts and fornon- conformities. 1. Exceptfor the special parking requirements as defined in Sections 25.36.040, 25.38.031, 25.41.080, 25.43.080, and 25.44.060, all uses in the C-1, C-21 C-41 O -M, and M-1 districts shall conform to the parking requirements of this chapter. 2. Existing uses which become nonconforming as a result of the adoption of parking requirements may be remodeled so long as the gross floor area occupied by the use is not increased. If the gross floor area is increased, parking shall be provided as required for the additional floor area. 3. Any existing parking spaces which form the basis for credit against any parking assessment shall be maintained in a usable operating condition. 25.70.060 Computation where result is a fractional space. When the determination of the number of required parking spaces results in a fractional space, one parking space shall be provided. 25.70.070 Computation of spaces for mixed uses. The ratio of required spaces to floor area shall be computed by measuring within the gross floor area of the building. Where a building is used or intended to be used for a combination of purposes, the parking spaces shall be provided in relation to the proport ion of the building assigned LDorreooantNa,*X E-rnsi,9a Page 24 1 2 3 4 5 6 7 8 9 10 12 13 ]4 15 16 17 191 20 21 22 23 24 25 26 27 28 to each use and shall be the total of the combination of uses. 25. 70.080 Use of required parking spaces and area. Required parking spaces and any portion of the area on a site encompass ng the required parking and the required landscaping within the parking area on a site, shall not be rented or leased to any party on or off the site or used for some purpose other than that permitted or allowed on the site; these spaces shall be made available and maintained in safe, useable condition for the tenants and their clients or customers, at no charge. Section 50. Chapter 25.72 of the Municipal Code is deleted. Section 51. Section 25.78.025 of the Municipal Code is amended to read as follows: 25.78.025 Fence height in all other dish4 icts. In all other districts, except as required for certain M-1 uses by Section 25.44.075, fences seven (7) feet in height shall be permitted, provided the last foot in height is of an open design freely allowing light and air to pass through. Section 52. Section 25.78.035 of the Municipal Code is amended to read as follows: 25.78.035 Building permit required. Any fence exceeding six (6) feet in height, whether alone or atop a wall exceeding six (6) feet in total height, shall require a building permit In addition, a building permit shall be required for any fence three (3) feet or taller located on any corner lot. Section 53. Anew Section 25.78.075 is added to the Municipal Code as follows: 25.78.075 Conformance with other provisions of the code. Notwithstanding any provision of this chapter, no fence shall violate the requirements ofthis code, in particular chapter 11.12. aooereu oRnixn�cc -i n siex Page 25 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 54. This ordinance shall be publishe I, NDITH A. NIALFATTlI City Clerk ofthe City of Burlingame, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the 5thday of JANUARY 1998, and adopted thereafter at a regular meeting of the City Council held on the 20tlday of JANUARY 1998, by the following vote: AYES: COLTNCILIv1EMBERS: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMI3ERS: NONE / Ctty C:\ WP51 �FILF.S\O RDIN AN L\oumiup3.p la�vp d .aoorTro oan�Na.�ce-vis�9a Page 26