HomeMy WebLinkAboutOrd 15436
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JEROME F. COLEMAN
CITYOOF BURLINGAME
3PRIMROSE ROAD
BURLINGAME, GLI F. 94010
ORDINANCE No. 1543
ORDINANCE REVISING M-1 DISTRICT REGULATIONS
AND RELATED SECTIONS
The CITY COUNCIL of the CITY OF BURLINGAME does
hereby ordain as follows:
Section 1. The following sections of Chapter 25.08
the Burlingame Municipal Code are hereby amended to read:
1125.08.022 Accessory Use, M-1
"Accessory use, M-1 District" means a use which is
subordinate in area, extent or purpose to the principal
permitted or conditional use of land and/or building, does not
exceed twenty five (25) percent of each tenant's floor area
within the structure or equalivent of the site, except that when
outdoor storage is the primary use of the site such outdoor
storage areas may not exceed twenty-five (25) percent of the
gross site area; parking must be provided on site as required in
Chapter 25.70."
1125.08.476 Motor Freight Terminal:
"Motor freight terminal" means terminals with the
capability of handling, sorting and reloading a large variety of
goods involving various forms of transportation and providing
multimodal shipping capabilities, such as truck to air."
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JEROME F COLEMAN
Cl Y OF BURLINGAME
901 PRIMROSE ROAD
BURLINGAME. CALIF 94010
25.08.522 Personal service:
"Personal services" means establishments primarily
engaged in providing services involving the care of a person or
his/her personal goods or apparel."
"25.08.558 Retail sales:
"Retail sales" means establishments engaged in selling
commodities or goods in small quantities to ultimate customers
or consumers."
"25.08.574 Service Business:
"Service business" means a business or establishment
primarily engaged in providing assistance, as opposed to
products, to business, industry, government and the general
public."
Section 2. Chapter 25.08 of said code is hereby
amended to read as follows:
"M-1 District Regulations
25.44.010 Scope and Purpose of regulations.
The following regulations shall apply in all M-1
districts and shall be subject to all other provisions of this
title relating to M-1 districts. It is the purpose and policy
of this chapter to establish and maintain all areas designated
as M-1 districts to provide space for warehouse, distribution,
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JEROME F. COLEMAN
CITVOOF BURLINGAME
601 PRIMROSE ROAD
BURLINGAME, CALIF. 94010
and manufacturing uses; to provide areas for commercial and
service uses; to encourage other similar uses which are
supported by access to San Francisco International Airport; and
to prohibit uses, buildings and structures which are
incompatible with the intended character of the district.
25.44.020 Permitted uses.
The following uses are permitted in the M-1 districts:
1. Air courier, delivery or other trans -shipment
services, including trucking, which:
a. provide on-site parking for all company vehicles
dispatched from the site and for vehicles of employees working
on the premises;
be provide adequate on-site space for loading and
unloading goods, equipment and materials.
2. Ambulance services including dispatch, day rooms
and parking for all company vehicles dispatched or stored on the
site and vehicles of employees working on the premises.
3. Any light industrial or manufacturing use,
including associated laboratories, such as but not limited to
electronic, furniture, pharmaceutical, and printing, which:
a. is conducted wholly within a completely enclosed
building which:
be
does not increase noise at property line by more
than 5 dBA L10;
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JEROME F. COLEMAN
CITYOOF BURLINGAME
BOI PRIMROSE ROAD
BURIJNGAME. CAUR 94010
C. does not generate vibrations which can be felt off
the site and which will have no increased effect on permissible
adjacent uses;
do is conducted in such a manner so as to preclude
any nuisance, hazard, or commonly recognized offensive and
obnoxious conditions or characteristics from odors detectable at
the property line or off the site.
4. Automobile and truck repair, service and body
shops, wholesale or retail which are:
a. located south of Easton Creek;
be provide on-site parking for all cars being
serviced and for vehicles of all employees working on the
premise.
5. Food establishments within a multi -use building
which meet the following requirements:
a. are not the primary use of the building or
structure;
b. are open weekdays no earlier than six (6:00) a.m.
and not later than five (5:00) p.m.;
ce have a maximum size of fifteen hundred (1500)
square feet;
do are at least twenty (20) feet in length and
fifteen (15) feet in width;
e. provide parking atone (1) space per three hundred
(300) gross square feet.
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JEROME F. COLEMAN
Arroaw Er
CIT'OOF BURIINGAME
3PRIMROSE ROAD
BURLJNGAME, GLJ F. 94010
6. Laboratory and clean room facilities for research,
testing, or creating products and goods.
7. Office in conjunction with a permitted use where
office does not exceed fifty (50) percent of gross floor area of
a building and parking is provided on site to code requirements.
8. Outdoor storage of materials which are an
accessory use to a permitted use which meet the following
requirements:
a. Limited to front, sides and rear of buildings
located south of Mills Creek, except for those buildings having
street frontage on Rollins Road between Mills Creek and Easton
Creek;
b. Limited to
sides and
rear of
buildings located
north of Mills Creek, and
buildings
having
street 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 an opaque fence or wall eight (8) feet in height or
by the building itself;
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 (8) foot fence or wall may be of a type
that may be seen through.
9. Rental and leasing of goods and equipment
conducted wholly within an enclosed building, with no associated
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JEROME F. COLEMAN
ArroRNEr
OITYOOF BURIINGAME
SOI PRIMROSE ROAD
BURLINGAME, CALJF. 94010
outdoor display or storage areas in the front yard where goods,
equipment, or stored supplies are visible from the street.
10. service businesses, including but not limited to
janitorial and contractors, and other support services and
excepting personal services, which:
a. provide on-site parking for all company vehicles
dispatched from the site and vehicles of employees working on
the premises;
be provide adequate on-site space for loading and
unloading goods, equipment and materials.
11. Warehousing, storage, distribution of goods, and
wholesale of materials, liquids and equipment conducted wholly
within an enclosed building.
12. Accessory uses which are necessary for the
permitted uses under this section.
13. Retail sales as an accessory use to a permitted
use, interior to a building only, with the following additional
requirements:
a. the hours of operation are within six (6:00) a.m.
to six (6:00) p.m.;
be retail display area is limited to a maximum of
5000 square feet;
C.
no sale of alcoholic beverages.
25.44.030 Conditional uses requiring a special permit.
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JEROME F. COLEMAN
ATTGRry Er
CITY OF BU RLIN GAME
501 PRIMROSE ROAD
BURLINGAME. GUF 94010
The following are conditional uses requiring a special
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:
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 .7
(seven -tenths) 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 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 defined in the Traffic Analyzer.
3. Automobile, recreation vehicle and truck lease and
sales businesses which are wholly enclosed within a warehouse
structure with no outdoor automobile or truck display areas;
4. Automobile storage for car rental businesses
provided the following requirements are met:
a. vehicles shall not be moved during a.m. and p.m.
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JERO ME F. COLEMAN
AnoRNEr
CITY OF BU RIINGAME
3PRIMROSE ROAO
BURLINGAME, CALJF 94010
peak hour traffic periods as defined by the City Engineer;
be minimum site size of .7 acres;
C. area enclosed with an opaque fence eight (8) feet
Ln height at a location approved by the Public Works Department.
5. Group instruction or school use with on site
parking as required by Chapter 25.70.
6. Commercial recreation, including health clubs and
gymnasiums, with on site parking.
7. Health services and medical clinics whose primary
function is to support businesses in the O -M and M-1 districts.
8. Food establishments 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:
10. provide on-site parking for all company vehicles
dispatched from the site and for vehicles of employees working
on the premises;
be
provide adequate
on-site space
for loading and
unloading goods,
equipment and
materials.
11.
Office uses that
exceed fifty (50)
percent of the
gross floor
area of a building
where parking
is available on
site to code
requirements.
12.
Outdoor storage
of rental or
leased equipment
south of Easton Creek which is
a primary use
of the site,
provided:
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JEROME F. COLEMAN
ArroRN Er
OITYCOF BU RLIN GAME
801 P ROAD
BURLINGAME,E. CA GLI F. 94010
a. 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;
be 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 way may be of open design.
13. 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;
be 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;
do 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 may be of open design.
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JERO ME F. COLEMAN
CITr ATroRNEv
CITY OF BU RLINGAME
301 PRIMROSE ROAD
BUflLINGAME, CAL1F 94010
14. 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;
no animal
is kept
overnight without an attendant
b.
the site
has a minimum size
of
seven
tenths (.7)
of an acre.
15. Service businesses, excepting personal services,
which do not meet the requirements for permitted uses.
16. Veterinary hospitals with associated animal care
facilities, excepting breeding and boarding facilities, where:
a. all animal care activity is contained within a
structure;
b.
the noise
level is
not increased at property line
by more than
5 dBA L1O;
C.
no animal
is kept
overnight without an attendant
being present.
17. Living quarters in association with a permitted
or conditional use, to be used by a night watchman or to provide
security for the site,
18. Structures over thirty-five (35) feet in height.
19. Any structure or structures that cover more than
sixty (60) percent of the lot.
20. Accessory uses which are necessary for the
conditional uses under this section.
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JEROME F. COLEMAN
Clio AnORNEY
CITY OF BURLINGAME
601 PRIMROSE ROAD
BURLINGAME, CALIF. 94010
Z.L. 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, tile outlets, paint
stores.
22. Accessory uses related to a permitted use which
requires outdoor treatment or processing of materials shall meet
the following additional requirements;
a. which 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.
23. Any commercial or industrial use similar in
nature to a permitted or conditional use in this or any other
district.
25.44.040 Prohibited Uses
All uses not listed as permitted or conditional shall
be prohibited, including:
1. Adult entertainment business or massage, bathing,
tanning or similar establishments.
2. Automobile rental businesses.
3. Automobile wrecking, _junk yards, storage or baling
of scraps, paper, rags, sacks or metals.
4. Conference and exhibition facilities.
5. Hotels and motels.
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JEROME F. COLEMAN
wrroRNEr
OITVOOF BU REIN GAME
6PRIMROSE ROAD
BURLINGAME, CAlJF.94010
6. Public advertising billboards.
7. Living quarters and residential structures, except
as provided in subsection (17) of Section 25.42.030,
8. Outdoor storage or treatment of materials in
required parking or in landscaping in the front setback.
25.44.045 Use of Drainage Rights -of -ways, Designated Planter
strips and Public Right-of-ways.
Only the following uses, with a conditional use
permit, environmental review, encroachment permits and all
required State and Federal permits, shall be allowed within the
drainage right-of-ways, designated planter strips and public
right-of-way from the southern boundary of Millsdale Industrial
Park Number 5 north to the city boundary:
a. supplemental parking for permitted or conditional
uses in the district;
be automobile storage for car rental businesses
provided the following requirements are met:
1. vehicles shall not be moved during a.m. and p.m.
peak hour traffic periods as defined by the City Engineer;
2. minimum site size of .7 acres;
3. no customers shall visit the site,
C. recreation vehicle storage so long as vehicles are
not moved during a.m. and p.m. peak hour traffic periods as
defined by the City Traffic Engineer;
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JEROME F. COLEMAN
OITYOOF BURLINGAME
SOI PRIMROSE ROAD
BURLIN WME, CALIF 94010
d. outdoor storage related to immediately abutting
uses which are permitted or conditional in the district;
e. fencing;
fa uses similar in nature to those allowed in this
section.
25.44.050 Ambiguity of use.
If any use is for any reason omitted from those
specified as permissible in this district, or if ambiguity
arises concerning the approximate classification of a particular
use within the meaning and intent of this chapter, it shall be
the duty of the planning commission to ascertain all pertinent
facts concerning such use and determine into which
classification such use shall be classified. The commission
shall make its recommendation to the city council by resolution
of record, setting forth its findings and reason for such
classification.
25.44.055 Coverage and setbacks.
The following maximum coverage and minimum setbacks
shall apply to all parcels located in M-1 districts:
1. All buildings and structures or portions thereof
which are hereafter erected, constructed, established or
enlarged shall be limited to seventy (70) percent of the total
area of each property or parcel.
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JEROME F. COLEMAN
CITY OF BURLINGAME
SOI PRIMROSE ROAD
BURLINGAME, GLIF.94010
2. There shall be a minimum setback of fifteen (15)
feet from the front property line of any street or future street
to all buildings and all structures; provided, however, there
shall be a minimum setback from the front property line of
twenty-five (25) feet for all buildings and all structures,
constructed on lots adjacent to the west side of Rollins Road
from the northwesterly city limits to Mills Creek.
3. There shall be no side setback requirement for all
structures constructed on all lots in the area south of Easton
Creek to Broadway.
4. There shall be a minimum ten (10) foot side yard
setback on all buildings and structures constructed on all lots
in the area north of Easton Creek.
25.44.060 Parking Space Requirements.
All uses shall be subject to the provisions of Chapter
25.70 of this code.
25.44.070 Landscaping and design requirements.
The following landscaping requirements shall apply to
all parcels located in the M-1 district:
1. A minimum of ten (10) percent of the total area of
each property or parcel shall be suitably landscaped and the
landscaped portions shall be properly maintained.
2. A minimum of sixty (60) percent of the front
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JEROME F. COLEMAN
CITr Arronrvsv
CITY OF BU RLINGAME
5PRIMROSE ROAD
BURLINGMIE, CALIF 94010
setback shall be covered with soft landscaping, provided:
a. If the area equal to ten (10) percent of the site
is less than sixty (60) percent of the front setback area, then
all the required landscaping shall be placed within the front
setback; or
b. If the area equal to ten (10) percent of the site
is more than sixty (60) percent of the front setback area, then
the remaining of the required landscaping shall be placed so
that it is visible from the public right-of-way.
3. When fences are placed to enclose outdoor storage
areas on any site, the required landscaping shall be outside of
the fence and visible from the public right-of-way.
4. A landscaping plan and specifications shall be
submitted for approval of the park director when construction
plans are submitted to the building department for a building
permit."
Section 3. The following sections of Chapter 25.50 of
said code are hereby amended to read:
125.50.020 Restriction of Extension of Nonconforming Use.
No nonconforming use shall be extended within the
structure where it exists, beyond the confines of the structure
which it occupies or the location upon which it is situated.
Parking shall be considered a use."
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JERO ME F. COLEMAN
CITYOOF BU RLINGAME
5PRIMROSE ROAD
BURLINGAME. GUF 94010
25.50.030 Change of Use.
No nonconforming use shall be changed to any other
nonconforming use, whether within the same class or otherwise.
When changed to a conforming use, it shall not thereafter be
changed back to a nonconforming use."
"25.50.080 Nonconforming structures -Additions and enlargements
The footprint or envelope of a nonconforming structure
may be enlarged or the floor area extended within the structure
only if the entire structure is made to conform to all parking
and physical dimensional standards of the district in which it
is located; except, that in the case of the setback requirements
for single family,duplex and multiple -family residential
structures, the structure may be enlarged so long as there is no
increase in nonconformity and all other applications are met."
"25.50.086 Nonconforming Structures - Additional Provisions
Nonconforming structures are also subject to the
provisions of second 25.72.020-4 of this code."
Section 4. The first paragraph of Section 25.54.020
of said code is amended to read as follows:
"25.54.020 Power to grant variances - Scope of
variances - conditions for granting.
Subject to the provisions of this chapter, the
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JEROME F. COLEMAN
CITY ATTORNEY
CITY OF BURLINGAME
901 PRIMROSE ROAD
BURLINGAME, CMDF 84010
planning commission may vary the application of the zoning
regulations theretofore or hereafter established and may impose
reasonable regulations as conditions to granting variances and
exceptions and such requirements shall be in harmony with the
general purpose and intent of this title. Performance
requirements for permitted uses are not be subject to review or
appeal by the Planning Commission. Performance requirements for
conditional uses may be subject to review or appeal by the
Planning Commission.
Section 5. The following parking requirements are
added to Section 25.70.030 (i):
n e .
Gymnasiums and health clubs
Group instruction as a part of
another business or in an office or
industrial building
1 space for each
200 sq ft of gross
floor area
1 space for each
50 sq ft of gross floor
area for instruction"
Section 6. This ordinance shall be published as
required by law.
Fyl
Mayor
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JEROME F. COLEMAN
AT ORNEY
ClT OF BURLINGAME
SOI PRIMROSE ROAD
BURLNGAME, CAUF.94010
I, JUDITH A. MALFATTI, City Clerk of the City of
Burlingame, do hereby certify that the foregoing ordinance was
introduced at a regular meeting of the City Council held on the
6th day of MAY , 1996, and adopted thereafter at
a regular meeting of the City Council held on the 1st day of
JULY , 1996, by the following vote:
AYES: COUNCILMEMBERS: HARRISON, JANNEY, KNIGHT, OIMAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
r
City Clerk
m
CITY OF BURLINGAME
SUMMARY OF ADOPTED ORDINANCE
REVISION M-1 DISTRICT REGULATIONS
Pursuant to Government Code Section 36933 (c)(1)
following is a summary of Ordinance No. 1543 adopted
Jully 1 1996:
(light industrial)
Substantially amends and revises regulations of M-17zone,
including establishment of performance standards for permitted and
conditional businesses. Amends related definitions and parking
requirements.
AYES: COUNCILMEMBERS: HARRISON, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A certified copy of said adopted ordinance is available
in the City Clerk's office, 501 Primrose Road, Burlingame,
California.
Dated: July, 199Fi
COLEMAN, City Attorney
CITY OF BURLINGAME
SUMMARY OF PROPOSED ORDINANCE
REVISING M-1 DISTRICT REGULATIONS
Pursuant to Government Code Section 36933(c)(1) the following
is a summary of proposed Ordinance No. /� Y3 :
(Light Industrial)
Substantially amends and revises regulations of M-17zone,
including establishment of performance standards for permitted and
conditional businesses. Amends related definitions and parking
requirements.
Said ordinance was introduced on MAY 6 1996; a public
hearing thereon will be held MAY 20 , 1996, at 7:00 p.m, at
the City Council Chambers, Burlingame City Hall, 501 Primrose Road,
Burlingame, California.
A
copy of
said
proposed
ordinance is available in the
City
Clerk's
office,
501
Primrose
Road, Burlingame, California.
Dated: May 7, 1996
Prepared by
JEROME F. COLEMAN
City Attorney