HomeMy WebLinkAboutOrd 15211
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JEROME F. COLEMAN
ATTO RN Er
CITY OF BU RLIN GAME
6PRIMROSE ROAO
BURLINGAME. CALIF 94010
ORDINANCE No. 1521
ORDINANCE MAKING VARIOUS MODIFICATIONS
AND CORRECTIONS IN ZONING AND SIGN ORDINANCES
The CITY COUNCIL of the CITY OF BURLINGAME does
hereby ordain as follows:
Section 1. Section 22.04.045 is hereby added to the
Burlingame Municipal Code to read:
"22.04.045 Bunting.
"'Bunting' is loosely woven fabric in single or multiple
colors used for decoration."
Section 2, Section 22.04.220 of said code is hereby
amended to read:
"'Marquee' is a permanent, roofed structure attached to
and supported by the building and projecting over the public right
of way above an entrance. It shall have fixed drainage. A
marquee shall not be covered with fabric or any combustible
material."
Section 3. Section 22.04.230 of said code is hereby
amended to read:
""Marquee sign' is any sign painted on or affixed to the
sides or face of a marquee. No sign may be affixed to the roof of
marquee; projecting signs above a marquee shall not be considered
a part of a marquee sign and shall be evaluated under the
standards for projecting signs."
Section 4. The title of Chapter 22.20 of said code is
hereby amended to read:
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JEROME F. COLEMAN
AT ORNEY
Cl Y OF BURLINGAME
BOI PRIMROSE ROAD
BURLINGAME. GAUP 96010
repealed.
Section 7. Sections 22.28.010 and 22.28.030 of said
code are deleted.
Section 8. Section 22.40.020 of said code is hereby
amended to read:
"A marquee may extend into a public right-of-way as
defined in the Uniform Building Code."
Section 9. Section 22.48.075 is hereby added to said
code to read:
22.48.075 Bunting and signs.
Bunting surrounding or adjacent to signs on public or
private property is prohibited except in auto row, where bunting
surrounding or adjacent to signage shall be calculated as sign
area. Bunting without incorporated signage will be considered as
a flag or pennant under Section 22.48.080. Any bunting which
affects sight lines for traffic is prohibited."
Section 10, Section 22.52.010 of said code are hereby
amended to read as follows:
"Real estate signs are exempt from permit requirements
"Chapter 22.20
C-4,
M-1 and O -M District
Regulations"
Section
5, Section 22.20.010
of said code
are hereby
amended to read as
follows:
"Any
signs permitted by
other sections of
this title
are permitted in
the C-4, M-1 and 0-M
districts."
Section
6. Chapter 22.2#4
of said code
is hereby
repealed.
Section 7. Sections 22.28.010 and 22.28.030 of said
code are deleted.
Section 8. Section 22.40.020 of said code is hereby
amended to read:
"A marquee may extend into a public right-of-way as
defined in the Uniform Building Code."
Section 9. Section 22.48.075 is hereby added to said
code to read:
22.48.075 Bunting and signs.
Bunting surrounding or adjacent to signs on public or
private property is prohibited except in auto row, where bunting
surrounding or adjacent to signage shall be calculated as sign
area. Bunting without incorporated signage will be considered as
a flag or pennant under Section 22.48.080. Any bunting which
affects sight lines for traffic is prohibited."
Section 10, Section 22.52.010 of said code are hereby
amended to read as follows:
"Real estate signs are exempt from permit requirements
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JERO ME F. COLEMAN
an ATroRNer
CITU OF BU RLINGAME
SOS PRIMROSE ROAD
BURLINGAME, OALIF. 94010
when they conform to specifications described in Section
22,34.070. Those signs that are not exempt shall be approved by
the City Planner prior to installation. A request for such
approval shall include the date of installation, the date of
removal, the size and wording of the sign, and a diagram of how it
will be attached to the building or ground. Such permits shall be
for a period not to exceed four months. The City Planner's
decision may be appealed to the Planning Commission. A fee
determined by the City Council shall be charged for the filing of
an application for such permit, One extension of four months may
be granted by the City Planner. Such extension shall only be upon
written request and payment of a fee in the same amount as
required for the original permit."
Section 11. Section 22.52.020 of said code are hereby
amended to read as follows:
"Real estate signs shall not exceed seventy five (75)
square feet in total area per parcel in any commercial zoning
district, and shall not exceed one hundred (100) square feet in
total area in the 0-M and M-1 zoning districts,"
Section 12. Section 25.08.110 said code is hereby
amended to read as follows:
"'Balcony" means a platform, enclosed by a parapet or
railing, projecting from an exterior wall of a building and open
to the sky. A balcony may be either cantilevered or supported
from below.
Section 13. Subsections 2 and 4 of section 25.08.265 of
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JERO ME F. COLEMAN
CIT' OF BURLINGAME
SPRIMROSE ROAD
BURLINGAME, GLIF.94010
said code are hereby amended to read as follows:
"2. covered porches or decks on the first floor
totalling 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 from the building;
4. habitable attic areas not to exceed five hundred
(500) square feet, except in new construction where attic areas
with habitable ceiling height will be counted in floor area
ratio."
Section 14. Section 25.08.477 of said code are hereby.
amended to read as follows:
"25.08.477 New Construction, for determining floor area
ratio and compliance with setback and height requirements.
'New Construction' means, for the purpose of determining
floor area ratio and compliance with lot coverage, setback and
height requirements, any one of the following:
1. Construction of a wholly new primary dwelling;
2. Construction which enlarges the floor area of an
existing primary single family structure, including attached
garage, and which exceeds fifty (50) percent of the existing gross
floor area;
3. Removal of more than fifty (50) percent of the
length of all walls."
Section 15, Section 25.08.528 is hereby added to said
code to read as follows:
1 25.08.528 Porch
2 'Porch' means a structure attached to a building,
3 usually roofed and open -sided, and often at the entrance. It may
4 be supported from the roof, screened or glass -enclosed,'"
5 Section 16, Section 25.20.040 of said code are hereby
6 amended to read as follows:
7 "The City Planner may issue a permit for the
8 construction or maintenance of a temporary tract office for the
9 sale of real estate or for temporary buildings, tents or
10 structures other than construction storage facilities as described
11 in Section 25.20.030 above. Application for such permit shall be
12 made in writing, shall state the date of installation and removal,
13 shall include a site plan showing the location, size, construction
14 material and covering of the temporary structure, parking layout
15 and parking displacement, if any, and floor plan layout noting
16 exiting. All proposed structures must be approved by the Building
17 and Fire Departments. The permit may be granted or denied by the
18 City Planner without notice or after such notice as he or she may
19 determine. No permit shall be issued by the City Planner for more
20 than maximum of 30 days. The City Planner may grant one extension
21 of 30 days. The City Planner's decision may be appealed to the
22 Planning Commission. A fee determined by the City Council shall
23 be charged for the filing of an application for such permit. A
24 permit for the construction or maintenance of such temporary
25 building or structure shall state the date on or before which such
26 building or structure shall be removed together with such other
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JEROME F. COLEMAN
ArroRNEv
CIT' OF BUR LINGAME
PRIMROSE ROAD
BURURLINGAME, CALIF 94010
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JEROME F. COLEMAN
Afro RNEY
ClT OF BURLINGAME
601 PRIMROSE ROAD
BURLINGAME, CAUR 94010
conditions as the City Planner shall fix and determine."
Section 17, Chapter 25.28 of said code is amended to
read as follows:
"Chapter 25.28
R-1 DISTRICT REGULATIONS
25.28.010 Scope of regulations.
The regulations of this chapter shall apply to all R-1
Districts.
25.28.0'20 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, lathhouses, playhouses,
sheds, swimming pools and accessory buildings to serve such
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 further, that no person shall use or permit to be
used any trailer for the purpose of sleeping or as living
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JEROME F. COLEMAN
crr Arronrvev
CITY OF BU RLIN GAME
3PRIMROSE ROAO
BURLINGAME, CALI F.84010
quarters;
7. Real estate signs as regulated in Title 22 of this code;
S. Church bulletin boards as an accessory use to permitted
churches.
25.28.030 Conditional uses requiring a special permit.
The following are conditional uses requiring a special
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.
25.28.060 Lot dimensions and lot requirements.
1. Lots of six thousand nine hundred ninety-nine square
(6,999) 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 fifty (50) feet on a public street; lots
of seven thousand (7,000) square feet to nine thousand nine
hundred ninety-nine (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
frontage of not less than
fifty-five
(55)
feet
on a
public
street;
and lots of ten thousand
(10,000)
square
feet
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JEROME F. COLEMAN
ATroRNEv
CITY Of BURLIN GAME
3VRIMROSE ROAO
BURLINGAME, GLIF.94010
or more 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 (60) sixty feet on a public street; provided,
however, that lots or parcels which face on the curve of a curved
street, where the radius of such curvature is less than forty-five
(45) feet may have a lesser frontage but not less than thirty (30)
feet for a six thousand nine hundred ninety-nine (6,999) square
foot or less lot or parcel, thirty-five (35) feet for a seven
thousand (7,000) square foot to nine thousand nine hundred
ninety-nine (9,999) square foot lot or parcel, or forty (40) feet
for a ten thousand 10,000) square foot or larger lot or parcel.
7.. On the map adopted by Ordinance 712 and as subsequently
amended, all lots shown in white shall have an area of not less
than five thousand (5,000) square feet; all lots shown within a
border of horizontal crosshatching shall have an area of not less
than seven thousand (7,000) square feet; and all lots shown within
a border of vertical crosshatching shall have an area of not less
than ten thousand (10,000) square feet.
3. Where frontage on a public 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.
4. Variances may be granted, in accordance with the
provisions of Chapter 25.54 of this code, only to the provisions
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JERO ME F. COLEMAN
arr ATronNEY
CITY OF BURIIN GAME
3PRIMROSE ROAD
BURLINGAME. GLIF.94010
of subsections 1 and 2 above.
5. The average width, lot frontage and minimum areas provided
for in subsections 1 and 2 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
above, except as varied by subsections 3 and 4 of this section.
6. The provisions of Section 25.28.050 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
consideration 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 Section 25.28.050, 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.
7. 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)
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JERO ME F. COLEMAN
GTT ATTORNEY
CITU OF BURLIN GAME
pPRIMROSE ROAD
BURLINGMIE, GLI F.84010 I
square feet each.
8. 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.
25.28.065
New
Construction
Any construction on any primary dwelling which meets
the
definition of new construction as set forth in Section 25.08.477
shall meet all setback, height and lot coverage requirements.
25.28.070 Height limitations.
No building in an R-1 district shall be constructed
or
altered which exceeds two and one-half stories or thirty (30) feet
in height, whichever is lesser, with the following exceptions:
1. On lots that slope downward more than twenty-five (25)
percent toward the rear of the lot, the maximum height of
the
building shall not exceed two (2) stories or twenty (20) feet
above the curb level, irrespective of the number of stories at
the
rear of the building;
2. On lots that slope upward more than twenty-five (25)
percent toward the rear of the lot, the maximum height of
the
building shall not exceed two and one-half (2 1/2) stories
or
thirty (30)feet above mean grade as measured fifteen (15) feet
from the front property line.
25.28.071 Lot coverage.
The maximum lot coverage for all buildings and structures
shall be forty (40) percent, including balconies, stairs, roof
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JEROME F. COLEMAN
oi*v Arronry Er
CIT' OF BURLIN GAME
501 PRIMROSE ROAD
BURLINGAME, CAV F 94010
whichever'is greater, provided that the setback line delineated on
any approved subdivision map shall supersede any provision of this
chapter, except for attached garages where the front setback shall
be twenty (20) feet for a single car garage and twenty-three (23)
feet for a double car garage; if a double door is provided as two
side by side single garage doors, setbacks shall be staggered at
twenty (2.0) feet and twenty-three (23) feet.
(b) The minimum front setback line to a second floor shall
be twenty (20) feet provided that where the required first floor
setback exceeds twenty (20) feet, then the second floor front
setback shall match the portion of the required first floor
setback exceeding twenty (20) feet.
(c) There shall be a minimum set back of twenty (20) feet on
all buildings constructed on El Camino Real,
3. Side.
(a) 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:
Side Setback Lines (in feet)
Lots
42' wide
or under
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Lots
over 42'
and less
than
51'
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Lots
over 51'
and less
than
54'
5
Lots
over 54'
and less
than
61'
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I Lots over b1wide and over . . . 7
2 (b) The minimum side setback to second stories shall be
3 based on the declining height envelope.
4 4, Rear.
5 (a) The minimum rear setback to the first floor shall be
6 fifteen (15) feet;
7 (b) The minimum rear setback to the second floor shall be an
8 average of twenty (20) feet from the rear property line, except
9 that no more than twenty-five (25) percent of the length of the
10 rear wall of the second story shall extend to the minimum first
11 floor rear setback of fifteen (15) feet.
12 5. Corner lots.
I3 (a) Front and rear setbacks to first and second floors shall
14 be the same as for interior lots.
15 (b) The minimum side setback to the first floor of any
16 structure or accessory structure shall conform to the district
17 minimum for the interior side lot line and shall be seven and
18 one-half (7 1/2) feet on the exterior side lot line;
19 (c) The minimum side setback to the second floor shall be an
20 average of twelve (12) feet from the exterior side property line,
21 except that a maximum of twenty-five (25) percent of the length of
22 the second floor wall may extend beyond the twelve (12) feet up to
23 the minimum first floor exterior side setback of seven and
24 one-half (7 1/2) feet; the second floor side setback on the
25 interior side lot line shall comply with the declining height
26 envelope requirements.
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JEROME F. COLEMAN
CITYOOF BURLINGAME
SOU PRIMROSE ROAD
BURLINGAME, GLI F. 94010
JEROME F. COLEMAN
CI*v ATroRN Ev
CITY OF BURLIN GAME
301 PRIMROSE ROAD
BURLINGAME, CALIF 94010
25.28.073 Exceptions.
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1. The following shall be exceptions to both lot coverage and
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setback lines:
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(a) Front entrance stairs and stoops with no roof which
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extend up to a maximum of six (6) feet into the front setback and
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no closer than three (3) feet to a lot line.
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(b) Bay windows on the first floor projecting into the front
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setback no more than one and one half (1 1/2) feet and not
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exceeding twenty (20) square feet in footprint.
(c) Fireplace chimneys projecting into the front setback no
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more than two (2) feet and not exceeding six (6) feet in width,
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2. The following shall be exceptions only to side and rear
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setback lines:
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(a) Fireplace chimneys projecting into a setback no more than
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two and one half (2 1/2) feet from a lot line shall be counted in
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lot coverage but not in setbacks.
(b) Bay window(s) projecting into exterior side setback not
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more than one and one half (1 1/2) feet and not exceeding twenty
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(20) square feet in total footprint area, at least three (3) feet
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from any lot line, provided that bay window(s) may not project
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into the interior side setback.
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(c) Cornices or eaves projecting into a side setback no more
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than fifty (50) percent of the required setback to a maximum of
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two (2) feet.
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(d) A detached garage or other one story accessory building
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located within the rear thirty (30) percent of the length of the
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JEROME F. COLEMAN
CI*v ATroRN Ev
CITY OF BURLIN GAME
301 PRIMROSE ROAD
BURLINGAME, CALIF 94010
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JEROME F. COLEMAN
CIT' OF BURLINGAME
301 PRIMROSE ROAD
BURLINGAME. CALIF.94010
overhangs extending more than twenty-four (24) inches, trellises
and improvements which exceed thirty (30) inches in height above
adjacent existing grade.
25.28.071-1 Floor Area Ratio.
The
maximum allowable
floor area ratio
based on gross
1,500) square feet
floor
area of
structures for new
construction on
lots zoned R-1
percent plus one thousand
shall
be:
(a) Thirty-two
(32)
percent plus one thousand
five hundred
1,500) square feet
for interior
lots;
(b) Thirty-two
(32)
percent plus one thousand
two hundred
1,200) square feet
for corner
lots;
(c) Notwithstanding
subsections (a) and (b)
the maximum
allowable house size
shall
be eight thousand (8,000)
gross square
feet.
Such floor area ratio shall become effective upon the
issuance of a building permit for new construction as defined by
Section 25.08.477 of this chapter and shall remain permanently new
construction.
25.28.072 Setback lines.
1. Measurement of all setback lines shall be from the lot
line to the closest wall or any covered projection of the existing
or proposed structure.
2. Front.
(a) 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,
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JEROME F. COLEMAN
AnoBN Ev
CITYOOF BU RLIN GAME
5PRIMROSE ROAO
BURLINGAME, GLIF.84010
lot line
(e) Greenhouse v,*indow(s) projecting no more than one (1) foot
and a minimum of three feet (3) above fi-nished floor, not
exceeding seventeen (17) square feet inside the window casement
area and at least three (3) feet from 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 of ten (10) feet.
25.28.075 Declining height envelope.
There shall be a declining height envelope in this district
departing from a height of twelve (12) feet above original
existing grade at each side property line set at an angle of
forty-five (45) degrees unti.l it intersects with a point seven and
one-half (7 1/2) feet above the second story finished floor, then
it shall extend vertically to a maximum of thirty (3 0) feet or two
and one-half (2 1/2) stories.
No structure shall extend above or beyond said envelope
except:
1. Chimney"s cr
flues, eaves to a maximum of twc
(2)
feet or
one --half the distance
to property line whichever is less,
gables
without windows and
architectural features which do
not
create
habitable area and
do not extend within the first
story side
setback;
2. Windon� enclosures which create no more than thirty-five
(35) square feet Cf floor area within the structure;
3. The side of a single-family or duplex structure next to an
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JEROME F. COLEMAN
AnORNEY
ClT OF BURONGAME
001 PRIMROSE ROAD
BURLINW E. CALIF. 94010
existing two-story residential structure, provided:
(a) the second story is not closer to the property line
than the required first floor setback;
(b) if the second story wall is outside of the
declining height envelope and adjacent to an existing two story
wall, the second story plate line is no higher than the second
story plate line on the adjacent property;
(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;
(d) if any portion of the second story of an existing
two story house adjacent to either side of the lot complies with
the declining height requirements, the adjacent wall of the 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; in such cases
the measurement of the declining height envelope point of
departure shall be adjusted by the average elevation on the front
property 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; in
such cases the
measurement
of the declining
height envelope point of departure shall be adjusted by the
average elevation at the two setback 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
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JERO ME F. COLEMAN
Carr ATronn Er
CITY OF BU RLIN GAME
601 PRIMROSE ROAD
BURLINGAME. CALI F. 94Gt0
basement is not habitable area; in such cases the measurement of
declining height envelope shall be fourteen (14) feet above the
side property line."
Section 18. Chapter 25.30 of said code is amended to
read as follows:
"Chapter 25.30
R-2 DISTRICT REGULATIONS
25.30.010 Scope of regulations.
The regulations of this chapter shall apply to all R-2
Districts.
25.30.020 Permitted uses.
The following uses are permitted in the R-2 districts:
1. All uses permitted in R-1 districts, and subject to the
same restrictions, regulations and exceptions;
2. Duplexes, flats or other buildings designed for and
occupied by not more than two families;
3. Accessory uses as described for R-1 districts.
25.30.030 Conditional uses requiring a special permit.
The following uses are conditional uses requiring a special
permit:
2. Comm
1.
All
uses allowed with a
permit in the R-1 district and
subject
to
the same restrictions
and limitations;
unity clubhouses.
25.30.040 Building regulations.
1, only one building designed or used as a residence for one
or two families, or two dwellings designed or used as residences,
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JERO ME F. COLEMAN
aTr ATroRNEr
CITY OF BU RLIN GAME
301 PRIMROSE ROAD
BURLINGAME, CALIF. 94010
each for one family, may he erected, located or maintained on any
2. Where two single-family dwellings are constructed on one
lot, all the following requirements must be met:
(a) Only one dwelling may have frontage on the street;
(b) No portion of the rear dwelling may be closer than twenty
20) feet to any portion of the front dwelling;
(c) There shall be a yard at the rear of the rear building of
at least twenty (20) feet in depth;
(d) There shall be a driveway of a minimum width of ten (10)
feet leading to the rear structure;
(e) The lot must be not less than one hundred fifty (150)
feet in depth.
25.30.050 Lot dimensions and lot requirements.
I, Lots of six thousand nine hundred ninety-nine square
(6,999) 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 fifty (50) feet on a public street; lots
of seven thousand (7,000) square feet to nine thousand nine
hundred ninety-nine (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 frontage of not less than fifty-five (55) feet
on a public street; and lots of ten thousand (10,000) square feet
or more 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 (60) sixty feet on a public street; provided,
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JEROME F. COLEMAN
ATTORNEY
CIW OF BURLINGAME
SOI PRIMROSE ROAD
BURLINGAME, CALIF. 94010
however,
that
lots or parcels which face on the
curve
of a curved
street,
where
the radius of such curvature is less
than
forty-five
(45)
feet may have a lesser frontage but not less than
thirty (30)
feet
for a six thousand nine hundred
ninety-nine (6,999)
square
foot
or less lot or parcel, thirty-five
(35) feet
for a seven
thousand (7,000) square foot to nine thousand nine hundred
ninety-nine (9,999) square foot lot or parcel, or forty (40) feet
for a ten thousand 10,000) square foot or larger lot or parcel.
2. On the map adopted by Ordinance 712 and as subsequently
amended, all lots shown in white shall have an area of not less
than five thousand (5,000) square feet; all lots shown within a
border of horizontal crosshatching shall have an area of not less
than seven thousand (7,000) square feet; and all lots shown within
a border of vertical crosshatching shall have an area of not less
than ten thousand (10,000) square feet.
3. Where frontage on a public 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.
4. Variances may be granted, in accordance with the
provisions of Chapter 25.54 of this code, only to the provisions
of subsections 1 and 2 above.
5.
The average
width,
lot frontage and minimum
areas provided
for in
subsections
1 and
2 above shall not apply
to any lot or
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JEROME F. COLEMAN
Ci Tv ArroRry Ev
CITY OF BURLIN GAME
601 PRIMROSE ROAD
BURLINGAME, CALJ F.94010
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
above, except as varied by subsections 3 and 4 of this section.
6. The provisions of Section 25.28.050 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
consideration 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 Section 25.28.050, 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.
7. 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.
8. Certain new
construction and additions
to residences
on
lots in specified
hillside districts are
subject to
the
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JEROME F. COLEMAN
Ci*v Anorsry Ev
OITY OF BU RLIN GAME
501 PRIMROSE ROAD
BURLINGAME, CALIF 94010
requirements of the Hillside Area Construction Permit as defined
in Chapter 25.61.
25.30.060 Height limitations.
No building in an R-2 district shall be constructed or
altered which exceeds
two and one-half
stories or thirty (30)
feet
in height, whichever
is lesser, with
the following exceptions:
the
1. On lots that
slope downward
more than twenty-five
(25)
percent toward the rear
of the lot,
the maximum height of
the
building shall not exceed
two (2) stories
or twenty (20)
feet
above the curb level,
irrespective of
the number of stories at
the
rear of the building;
2.
On lots that slope upward
more than twenty-five (25)
percent
toward the rear of the lot,
the maximum height of
the
building
shall not exceed two and one-half (2 1/2) stories
or
thirty (30)feet
above mean grade as
measured fifteen feet (15)
from the
front property line.
25.30.070
Lot coverage.
The maximum lot coverage for all buildings and structures
shall be forty (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.
25.30.071 Setback lines.
1. Measurement of all setback lines shall be from the lot
line to the closest wall or any covered projection of the existing
or proposed structure.
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JEROME F. COLEMAN
Cl V OF BURL NGAME
301 PRIMROSE ROAD
SURI JNGAME, CALIF. 94010
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.
3. Side and rear.
(a) 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:
Side Setback Lines (in feet)
Lots
42' wide
or under
Rear
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
Rear
Setback Lines (in
feet)
1 and 2 story . . . . .
. . .
. . 15
(b) The minimum
side setback for
second stories shall be
based on the declining
height
envelope.
4. The minimum exterior
side setback for any structure on a
corner lot shall be seven and
one half (7
1/2) feet.
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JEROME F. COLEMAN
OITYOOF BU RLINGAME
301 PRIMROSE ROAD
BURLINGAME, GLI F.94010
5. A public building, church, library, museum or other
similar use either governmental or private, shall be set back at
least ten (10) feet from all lot lines.
6. There shall be a minimum setback of twenty (20) feet on
all buildings on E1 Camino Real.
25.30.073 Exceptions.
1. The following shall be exceptions to both lot coverage and
setback lines:
(a) Front entrance stairs and stoops with no roof which
extend up to a maximum of six (6) feet into the front setback and
no closer than three (3) feet to lot line.
(b) Bay windows on the first floor projecting into the front
setback no more than one and one half (1 1/2) 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 1/2) feet from a lot line shall be counted in
lot coverage but not in setbacks.
(b) Bay window(s) projecting into exterior side setback not
more than one and one half (1 1/2) feet and not exceeding twenty
(20) square feet in total footprint area, at least three (3) feet
from any lot line, provided that bay window(s) may not project
into the interior side setback.
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JEROME F. COLEMAN
ArrORrvev
CIT' OF BURLINGAME
SOI PRIMR09E ROAD
BURLINGAME, CALIF. 94010
(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 building
located within the rear thirty (30) percent of the length of the
lot 'line.
(e) Greenhouse window(s) projecting no more than one (1) foot
and a minimum of three feet (3) above finished floor, not
exceeding seventeen (17) square feet inside the window casement
area and at least three (3) feet from 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 of ten (10) feet.
25.30.075 Declining height envelope.
There shall be a declining height envelope in this district
departing from a height of twelve (12) feet above original
existing grade at each side property line set at an angle of
forty-five (45) degrees until it intersects with a point seven and
one-half (7 1/2) 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 1/2) stories.
No structure 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, gables
without windows and architectural features which do not create
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JEROME F. COLEMAN
CITY OF BU RLIN GAME
'JOI PRIMROSE ROAD
BURLJNGAME, GLIF 94010
habitable area and do not extend within the first story side
setback;
2. Window enclosures which create no more than thirty-five
35) square feet of floor area within the structure;
3. The side of a single-family or duplex residential
structure next to an existing two-story residential structure,
provided:
(a) the second story is not closer to the property line
than the required first floor setback;
(b) if the second story wall is outside of the
declining height envelope and adjacent to an existing two story
wall, the second story plate line is no higher than the second
story plate line on the adjacent property;
(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;
(d) if any portion of the second story of an existing
two story house adjacent to either side of the lot complies with
the declining height requirements, the adjacent wall of the 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; in such cases
the measurement of the declining height envelope point of
departure shall be adjusted by the average elevation on the front
property line;
5. Where the slope on a lot between the front setback and
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JERO ME F. COLEMAN
Ci*v Anonnev
OITY OF BURLIN GAME
501 PRIMROSE ROAD
BURLINGAME, GLI F. 94010
rear setback lines on either side property line varies by two (2)
feet or more; in such cases the measurement of the declining
height envelope point of departure shall be adjusted by the
average elevation at the two setback lines;
6. ,,where the finished first floor of a house is more than
three (3) feet above average finished grade and the area bee ow or
basement is not habitable area; in such cases the measurement of
declining height envelope shall be fourteen (14) feet above the
side property line."
Section 19, Section 25.32.080 of said code is hereby
amended to delete subsection 2(d) and to add subsection 4, to read
as follows:
"4. Open balconies projecting not more than four (4)
feet into a front setback and not to exceed sixteen (16) feet in
length. Multiple balconies so projecting from the same floor
shall have a minimum horizontal separation of ten (10) feet."
"-Le_ or 2? r.) Section 25.34.080 of said code is hereby
amended to delete subsection 2(d) and to add subsection 4, to read
as follows:
11
4. Open balconies projecting not more than four (4)
feet into a front setback and not to exceed sixteen (16) feet in
length. Multiple balconies so projecting from the same floor
shall. have a minimum horizontal separation of ten feet."
Section 21, Section 25.36.032 2(a) of said code is
hereby amended to read as follows:
"(a) Ali uses requiring a special permit in Subarea A,
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JERO ME F. COLEMAN
wrro RN Er
CITU OF BURLINOAME
SOI PRIMR09E ROAD
BURLINGAME, GLJ F. 94010
except financial and real estate."
Section 22, Section 25.36.080 is hereby added to said
code to read as follows:
"Section 25.36.080. Minimum setbacks on certain
streetsI
There shall be a minimum setback of twenty (20) feet on
all buildings constructed on El Camino Real except where there is
an existing frontage road."
Section 23. Section 25.41.025 (j) of said code is
hereby amended to read as follows:
"(j) Massage, bathing, tanning or similar
establishments when in compliance with Chapter 6.40 or 6.41."
Section 24, Section 25.50.55 of said code is hereby
amended to read as follows:
"Nonconforming uses are also subject to Sections
25.70.040 (off-street parking) and 25.72.020 (parking subareas A
and B) of this code, except that in the Broadway Commercial Area
additional parking shall not be required if a structure is totally
destroyed by catastrophe or natural disaster so long as the uses
in the new structure are the same size as existed before the
loss."
Section 25. Section 25.50.060 of said code is hereby
amended to read as follows:
(b) Any other nonconforming structure which is damaged
or destroyed by any means to the extent of fifty (50) percent or
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JEROME F. COLEMAN
CITVOOF BU RLINGAME
BOI PRIMROSE ROAD
BUPLINGAME, CALIF 94010
more of its value may be rebuilt or used thereafter only in
compliance with the regulations of the district of which it is a
part:
(c) Any other
nonconforming
structure which
is damaged
or destroyed by any means
to the extent
of less than
fifty (50)
percent its value may be
rebuilt to its
original condition
and the
same occupancy and use resumed.
(d) Any nonconforming structure in the Broadway
Commercial Area which is partially or totally destroyed by
catastrophe or natural disaster may be rebuilt to its pre-existing
size and dimensions if the same amount of parking is provided on
site as existed before the loss.
(e) Unless rebuilding is started within a period of six
6) months and completed within twelve (12) months, or a longer
period as determined on request by the planning commission, the
nonconforming status of the structure shall expire,"
Section 26, Section 25.50.080 of said code is hereby
amended to read as follows:
"A nonconforming building may be enlarged or extended
only if the entire building is made to conform to all the physical
dimensional standards of the district in which it is located;
except, that in the case of 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 applicable
regulations
are met."
Section
27,
Subsections (b),
(h), and
(n) of section
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JEROME F. COLEMAN
Clx ATroRNEv
CITY OF BU RLIN GAME
SOI PRIMROSE ROAD
BURtJNGAME, CALI F. 84010
25.60.010 of said code are hereby amended to read as follows:
"(b) Any single accessory structure will exceed six
hundred (600) square feet of gross floor area;
(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 that where the lot slopes more than ten (10)
percent at the location of the accessory structure, the maximum
height shall be four (4) feet above the plate line; provided,
further, 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 ten (10) feet above natural grade;
(n) The accessory structure will be a greenhouse,
lathhouse, lanai, patio shelter or similar structure exceeding one
hundred twenty (120) square feet of gross floor area."
Section 28. Subsection (j) is added to section
25.68.010 of said code to read as follows:
"(j) No instruction shall occur which involves more
than three people, including the resident, at one time."
Section 29. Subsection (a) of section 25.70.020 is
hereby amended to read as follows:
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JEROME F. COLEMAN
CIW OF BURLINGAME
SOl PRIMROSE ROAD
BURUNGAME, CALIF 94010
(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 vehicle movements are required to enter or exit the space;
(7) All parking spaces shall have an unobstructed
vertical clearance of seven (7) feet."
Section 30. The final paragraph of Subsection (a) of
section 25.70.030 is hereby amended to read as follows:
"Required covered parking shall not be provided in
tandem configuration. 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."
Section 31. Section 25.70.035 is hereby added to said
code to read as follows:
"25.70.035 Exceptions for O -M District
Except for the special parking requirements as defined
in Code Section 25.43.080, all uses in the 0-M District shall
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JEROME F. COLEMAN
TV wTtO BNEY
CITY OF BURLIN GAME
3PRIMROSE ROAD
BURLINGMIE. CMJF.94010
conform to the parking requirements of this chapter."
Section 32. This ordinance shall be published as
required by law.
Mayor
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
3rd day of
APRIL
1995,
and
adopted thereafter at a
,
regular meeting
of the
City Council
held
on the 17th day of
APRIL
, 1995,
by the following
vote:
AYES: COUNCILMEMBERS: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NON
' City Clerk
31
CITY OF BURLINGAME
SUMMARY OF PROPOSED ORDINANCE MAKING CORRECTIONS
AND MINOR CHANGES TO ZONING AND SIGN REGULATIONS
Pursuant to Government Code Section 36933 (c)(1)
following is a summary of Ordinance No. 1521 adopted
APRIL 17 , 1995:
Amends zoning and sign ordinances to clarify language,
including setbacks on El Camino Real, floor area ratio
exemptions, new construction, permitted garage location and
heights, parking space dimensions, temporary buildings,
awnings and marquees, 0-M district signage r and recon-
struction of non -conforming buildings on Broadway.
AYES: COUNCILMEMBERS: HARRISON, KNIGHT, O'MAHONY, PAGLIARO, 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: APRIL 18, 1995
P ared//?)Y:
1
JE OME F. COLEMAN, City Attorney
CITY OF BURLINGAME
SUMMARY OF PROPOSED ORDINANCE MAKING CORRECTIONS
AND MINOR CHANGES TO ZONING AND SIGN REGULATIONS
Pursuant to Government Code Section 36933(c)(1) the following
is a summary of proposed Ordinance No. 1521
.Amends zoning and sign ordinances to clarify language,
including setbacks on El Camino Real, floor area ratio
exemptions, new construction, permitted garage location and
heights, parking space dimensions, temporary buildings,
awnings and marquees, 0-M district signage, and recon-
struction of non -conforming buildings on Broadway.
Said ordinance was introduced on APRIL 3, 1995; a
public hearing thereon will be held APRIL 17, , 1995, at 7:30
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; APRIL 4
City Attorney