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HomeMy WebLinkAboutOrd 1460ORDINANCE NO. 1460 ORDINANCE AMENDING TITLE ON ZONING, ADDING DEFINITIONS AND AND REORGANIZING SECTIONS CONCERNING WINDOWS AND SIMILAR ARCHITECTURAL FEATURES IN RESIDENTIAL DISTRICTS, AND REMOVING VARIOUS SUPERSEDED AND OUTDATED PROVISIONS The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. The following chapters and sections of Title 25 of the Burlingame Municipal Code are hereby repealed: Chapters 25.31, 25.351 25.62 and 25.66; Sections 25.04.030, 25.28.0801 25.28.090, 25.36.080 and 25.40.060. Section 2. The following sections of said code are hereby amended or added to read as follows: "25.08.015 Accessory structure. Accessory structure means any building or structure over thirty inches above grade the use of which is incidental to the main building on the same lot. 25.08.123 Bay window. Bay window is a window orgroup of windows that extends outward from a wall of a building forming a projection from a building. "Bow", oriel and similar projecting windows shall be included in this definition (see also Section 25.08.323, Greenhouse window). 25.08.269 Footprint. Footprint is the gross floor area to exterior walls plus roof overhangs, eaves, trellises over outdoor areas. Footprint area and floor areas of the floors above beyond first floors. the outside of the balconies and decks and applies to first floor the first which extend 25.08.310 Grade. Grade means the average of the existing ground level at the center of all walls of a building. In case walls are parallel to, and within five feet of, a sidewalk, the ground level shall be measured at the sidewalk. see 25.08.323 Greenhouse window. Greenhouse window is a three sided window with shelve(s). It is set into a wall and projects from the face of the structure. It is not meant to be used for sitting, enclosed storage or as a walking area. 25.08.425 Lot coverage. Lot coverage means the portion of a lot that is covered by buildings or structures which exceed thirty inches in height above adjacent existing grade. 1 25.08.435 Lot front. Lot front is the lot line abutting upon a street right of way. On through and corner lots of equal frontage, the lot front is the lot line of the primary entrance of the primary structure; on through and corner lots of unequal frontage, the lot front is the lot line on the shorter side. 000 25.08.525 Plate line. Plate line means a member on top of a stud wall such as a top plate on which joists or rafters rest to support an additional floor or roof or to form a ceiling. 25.08.557 Restaurant. Restaurant means a food establishment, see Code Section 25.08.268. 25.08.572 School. School is any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge. 25.08.575 Setback. Setback is the area between a lot line and the setback line. 25.08.576 Setback, exterior side. Exterior side setback is the area between the side lot line and the structure on the street side of a corner lot. 25.08.577 Setback, interior side. Interior side setback is the area between the side lot line and the structure when there is an adjacent parcel on the side of a lot. 25.08.580 Setback line. Setback line is the line which is the required minimum distance from the lot front or any other lot line that establishes the area within which any structure may be erected or placed. 25.08.630 Street line. Street line means the property line or boundary between a street right of way and abutting property. 25.08.667 Window. A window is an opening in an exterior wall, normally glazed, to admit light and/or air. 25.08.668 Window enclosure. Window enclosure is an architectural feature such as a dormer specifically designed to house and be dominated by a window. 25.08.670 Yard. Yard is an open space that lies between any structure and the nearest lot line and is on the same property as the structure. 2 25.16.040 Application for variance or special permit. Applications may be made for variances or special permits by the owner of land or by any person having an interest therein, in the manner provided in this title. Applications shall be in writing upon such forms, and accompanied by such data, as may be prescribed by the commission, so as to assure the fullest practicable presentation of facts for the record. The application shall contain a description of the land sufficient for identification, a designation of the existing classification, and the relief sought. The application shall be signed by the applicant and property owner. The application shall be filed with the city clerk who shall endorse such application as filed, fix a time and place of hearing such application, and notify the commission of the filing of the application and of the date set for hearing. 25.16.050 Notice to property owners of application for variance or special permit. At least ten days prior to the date set for the hearing, notice shall be given by mail to the applicant and to each owner of property, as such ownership is shown upon the last equalized assessment roll for taxes in the city, which lies within a radius of three hundred feet from the property for which the variance or special permit is sought. The notice shall give the date, time and place of hearing, the name of the applicant, a description of the property, the relief sought and such facts as may be prescribed from time to time by the commission. The failure to mail or the failure of such addressees to receive such notice shall not affect the validity of such proceedings, provided such failure has occurred in good faith. 25.20.040 Permit for temporary tract sales office or other temporary buildings. The planning commission may issue a permit for the construction or maintenance of a temporary tract office for the sale of real estate or for temporary buildings or structures other than those described in Section 25.20.030 above. Application for such permit shall be made in writing and shall be filed with the planning department. The permit may be granted or denied by the planning commission without notice or after such notice as it may determine. No fee shall be charged for the filing of an application for such permit. A permit for the construction or maintenance of such temporary building or structure shall state the date on or before which such building or structure shall be removed together with such other conditions as the planning commission shall, in its discretion, fix and determine. 25.28.060 Lot dimensions and lot 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 feet in height, whichever is lesser, with the following exceptions: 3 1. On lots that slope downward more than twenty-five percent toward the rear from the lot front, the height of the building shall not exceed two stories or twenty 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 percent toward the rear from the front, the maximum height of the building shall be two and one-half stories or thirty feet above mean grade along the fifteen -foot setback line. 25.28.071 Lot coverage. The maximum lot coverage for all buildings and structures, including balconies, stairs, roof overhangs exceeding twenty-four inches , trellises and improvements which exceed thirty inches in height above adjacent existing grade, shall be forty percent. 25.28.072 Setback lines. 1. Front. (a) The minimum front setback line shall be fifteen feet as measured from the lot front provided that the setback line delineated on any approved subdivision map shall supersede any provision of this chapter. (b) If forty percent or more of the frontage on one side of a block is developed with any kind of structure, the front setback line for any new structure shall be the average of the actual front setback of such existing structures, if such average exceeds fifteen feet. Such measurement shall be from the lot front to the front wall or to any covered projection of the existing structure. 2. Side and rear. (a) The minimum side and rear setback lines shall be as follows; if front and rear lot lines are unequal their average shall be the width of the lot at the midpoints of the two side lot lines: Side Setback Lines (in feet) Lots 42' Wide Lots Over 42' and Lots 51' Wide and Lots 54' Wide and Lots 61' Wide and or Under Less Than 51' Less Than 54' Less Than 61' Over 3 4 5 6 7 Rear Setback Lines (in feet) 1 and 2 story is 3 A public building, church, library, museum or other similar use, either governmental or private, shall be set back at least ten feet from all lot lines. 4. Multiple story buildings are subject to the declining height envelope (Code Sec. 25.28.075). 5. The minimum exterior side setback for any dwelling on a corner lot shall be seven and one half feet. 25.28.073 Exceptions. 1. The following shall be exceptions to both lot coverage and setback lines: (a) Front entrance stairs and stoops with no roof which extend up to a maximum of six feet into the front setback and no closer than three feet to lot line. (b) Bay windows on the first floor projecting into the front setback no more than one and one half feet and not exceeding twenty square feet in footprint. (c) Fireplace chimneys projecting into the front setback no more than two feet and not exceeding six 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 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 feet and not exceeding twenty square feet in total footprint area, at least three feet from any lot line, provided that bay window(s) may not project into the interior side setback. (c) Cornices or eaves projecting into a side setback no more than fifty percent of the required setback to a maximum of two feet. (d) A detached garage or other one story accessory building located within the rear thirty percent of the length of the lot line. (e) Greenhouse window(s) projecting no more than one foot and a minimum of three feet above finished floor, not exceeding seventeen square feet inside the window casement area and at least three feet from any lot line. (f) Open balconies projecting not more than four feet into a front setback. Multiple balconies so projecting from the same floor shall have a minimum horizontal separation of ten feet. 25.25.075 Declining height envelope. There shall be a declining height envelope in this district departing from a height of twelve feet above original existing grade at each side property line set at an angle of forty-five degrees to the second story plate line, at which point on the envelope shall extend vertically to a maximum of thirty feet or two and one-half stories. No structure shall extend above or beyond said envelope except: 1. Television and radio antennas and chimneys or flues, eaves to a maximum of two 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. Window enclosures which create no more than thirty-five 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, that in no case shall the second story be closer to property line than the required first floor setback and the height of the new two story wall shall not be greater than the existing two story wall on the adjacent property; if there are two story residential structures on both sides of a lot, only one side wall of the intervening property may be exempt from the declining height envelope; and if any portion of the existing two story house adjacent on either side complies with the declining height 5 regulation then the adjacent wall to the new construction shall not be exempt; 4. Where the slope on a lot along the front property line varies one 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 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 feet above average finished grade and the area below or basement is not habitable area; in such cases the measurement of (eclining height envelope shall be fourteen feet above property line. 25.30.050 Lot dimensions and lot requirements. 1. Lots of six thousand nine hundred ninety-nine square feet or less must have an average width of not less than fifty feet and all such lots or parcels of land shall have a frontage of not less than fifty feet on a public street; lots of seven thousand square feet to nine thousand nine hundred ninety-nine square feet must have an average width of not less than fifty feet and all such lots or parcels of land shall have a frontage of not less than fifty- five feet on a public street; and lots of ten thousand square feet or more must have an average width of not less than fifty feet and all such lots or parcels of land shall have a frontage of not less than 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 feet may have a lesser frontage but not less than thirty feet for a six thousand nine hundred ninety-nine square foot or less lot or parcel, thirty-five feet for a seven thousand square foot to nine thousand nine hundred ninety-nine square foot lot or parcel, or forty feet for a ten thousand 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 square feet; all lots shown within a border of horizontal crosshatching shall have an area of not less than seven thousand square feet; and all lots shown within a border of vertical crosshatching shall have an area of not less than ten thousand square feet. 3. Where frontage on a public street is impossible or impractical, the planning commission may recommend 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. An offer of grant or dedication of any such easement made to the city council shall be referred by it to the planning commission which shall recommend the acceptance or denial of such offer to the city council. Recommendations of acceptance may be conditional. The city council shall not accept or refuse to accept any such offer 2 until it has received and considered the recommendations of the planning commission. The provisions of this subsection shall not apply to public service easements as such easements are defined by Section 50432 of the California Government Code. 4. Variances may be granted to the provisions of subsections (1) and (2) above in accordance with the provisions of Chapter 25.54 of this code. 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 after said date for the construction of any building on any lot divided or subdivided 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 square feet each. 8. Certain new construction and additions to residences on lots in specified hillside districts are subject to the requirements of 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 feet in height, whichever is lesser, with the following exceptions: 1. On lots that slope downward more than twenty-five percent toward the rear from the lot front, the height of the building shall not exceed two stories or twenty 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 percent toward the rear from the lot front, the maximum height of the building shall be two and one-half stories or thirty feet above mean grade along the fifteen -foot setback line. 25.30.070 Lot coverage. The maximum lot coverage for all buildings and structures, including balconies, stairs, roof overhangs exceeding twenty-four In inches, trellises and improvements which exceed thirty inches in height above adjacent existing grade, shall be forty percent. 25.30.071 Setback lines. 1. Front. (a) The minimum front setback line shall be fifteen feet as measured from the lot front provided that the setback line delineated on any approved subdivision map shall supersede any provision of this chapter. (b) If forty percent or more of the frontage on one side of a block is developed with any kind of structure, the front setback line for any new structure shall be the average of the actual front setback of such existing structures, if such average exceeds fifteen feet. Such measurement shall be from the lot front to the front wall or to any covered projection of the existing structure. 2. Side and rear. (a) The minimum side and rear setback lines shall be as follows; if front and rear lot lines are unequal their average shall be the width of the lot at the midpoints of the two side lot lines: Side Setback Lines (in feet) Lots 42' Wide Lots Over 42' and Lots 51' Wide and Lo[s 54' Wide and Lots 61' Wide avd or Under Less Than 51' Less Than 64' Less Than 61' Over 3 4 S 6 7 Rear Setback Lines (in feet) 1 end 2 story 15 3. A public building, church, library, museum or other similar use, either governmental or private, shall be set back at least ten feet from all lot lines. 4. Multiple story buildings are subject to the declining height envelope (Code Sec. 25.30.075). 5. The minimum exterior side setback for any dwelling on a corner lot shall be seven and one half feet. 6. There shall be a minimum setback of twenty feet on all buildings constructed on E1 Camino Real. 25.30.072 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 feet into the front setback and no closer than three feet to lot line. (b ) Bay windows on the first floor projecting into the front setback no more than one and one half feet and not exceeding twenty square feet in footprint. (c) Fireplace chimneys projecting into the front setback no more than two feet and not exceeding six feet in width. 2. The following shall be exceptions only to side and rear setback lines: e (a) Fireplace chimneys projecting into a setback no more than two and one half 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 feet and not exceeding twenty square feet in total footprint area, at least three feet from any lot line, provided that bay window(s) may not project into the interior side setback. (c) Cornices or eaves projecting into a side setback no more than fifty percent of the required setback to a maximum of two feet. (d) A detached garage or other one story accessory building located within the rear thirty percent of the length of the lot line. (e) Greenhouse window(s) projecting no more than one foot and a minimum of three feet above finished floor, not exceeding seventeen square feet inside the window casement area and at least three feet from any lot line. (f) Open balconies projecting not more than four feet into a front setback. Multiple balconies so projecting from the same floor shall have a minimum horizontal separation of ten feet. 25.30.075 Declining height envelope. There shall be a declining height envelope in this district departing from a height of twelve feet above original existing grade at each side property line set at an angle of forty-five degrees to the second story plate line, at which point the envelope shall extend vertically to a maximum of thirty feet or two and one-half stories. No structure shall extend above or beyond said envelope except: 1. Television and radio antennas and chimneys or flues, eaves to a maximum of two 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. Window enclosures which create no more than thirty-five 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, that in no case shall the second story be closer to property line than the required first floor setback and the height of the new two-story wall shall not be greater than the existing two-story wall on the adjacent property; if there are two-story residential structures on both sides of a lot, only one side wall of the intervening property may be exempt from the declining height envelope; and if any portion of the existing two story house adjacent on either side complies with the declining height regulations then the adjacent wall to the new construction shall not be exempt; 4. Where the slope on a lot along the front property line varies one 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 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 feet above finished grade and the area below or basement is not habitable area; in such cases the measurement of declining height envelope shall be fourteen feet above property line. 25.32.050 Lot dimensions and lot requirements. 1. Lots of six thousand nine hundred ninety-nine square feet or less must have an average width of not less than fifty feet and all such lots or parcels of land shall have a frontage of not less than fifty feet on a public street; lots of seven thousand square feet to nine thousand nine hundred ninety-nine square feet must have an average width of not less than fifty feet and all such lots or parcels of land shall have a frontage of not less than fifty- five feet on a public street; and lots of ten thousand square feet or more must have an average width of not less than fifty feet and all such lots or parcels of land shall have a frontage of not less than 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 feet may have a lesser frontage but not less than thirty feet for a six thousand nine hundred ninety-nine square foot or less lot or parcel, thirty-five feet for a seven thousand square foot to nine thousand nine hundred ninety-nine square foot lot or parcel, or forty feet for a ten thousand 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 square feet; all lots shown within a border of horizontal crosshatching shall have an area of not less than seven thousand square feet; and all lots shown within a border of vertical crosshatching shall have an area of not less than ten thousand square feet. 3. Where frontage on a public street is impossible or impractical, the planning commission may recommend 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. An offer of grant or dedication of any such easement made to the city council shall be referred by it to the planning commission which shall recommend the acceptance or denial of such offer to the city council. Recommendations of acceptance may be conditional. The city council shall not accept or refuse to accept any such offer until it has received and considered the recommendations of the planning commission. The provisions of this subsection shall not apply to public service easements as such easements are defined by Section 50432 of the California Government Code, 4. Variances may be granted to the provisions of subsections (1) and (2) above in accordance with the provisions of Chapter 25.54 of this code. psi] 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 after said date for the construction of any building on any lot divided or subdivided 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 square feet each. 25.32.070 Lot coverage. The maximum lot coverage for all buildings and structures, including balconies, stairs, roof overhangs exceeding twenty-four inches, trellises and improvements which exceed thirty inches in height, shall be fifty percent for interior lots and sixty percent for corner lots. 25.32.075 Setback lines. 1. Front. (a) The minimum front setback line shall be fifteen feet as measured from the lot front, provided that the setback line delineated on any approved subdivision map shall supersede any provision of this chapter. (b) If forty percent or more of the frontage upon one side of a block is developed with structures the front setback line for any new structure shall be the average of the actual front setback of such existing structures, if such average exceeds fifteen feet. Such measurement shall be to the front wall or to any projection of the existing structure. 2. Side and rear. (a) Setbacks on certain streets. There shall be a minimum front setback of five feet on all buildings constructed on lots which front on Park Road, between Howard and Peninsula Avenues. There shall be a minimum front setback of ten feet on all buildings constructed on lots which front on Primrose Road, between Howard and Bayswater Avenues. 11 There shall be a minimum setback of twenty feet on all buildings constructed on E1 Camino Real. 3. The minimum side and rear setback lines shall be as follows; if front and rear lot lines are unequal their average shall be the width at the midpoints of the two side lot lines: Side Setback Lines (in feet) Lots 42' Wide Lofs Over 42' avd Lots 51' Wide end Lots 54' Wide and Lots 61' Wide and or Under Less Than 51' Less Than 54' Less Than 61' Over 3 4 5 6 7 Rear Setback Lines (in feet) I and 2 story More than two stories 15 20 4. Minimum side setback for condominium developments shall be five feet. 5. The side setback requirement shall be increased one foot for each floor above the first floor. 6. The side setback for any dwelling on a corner lot shall be seven and one half feet for a building of two stories or less and shall increase one foot for each additional story. 79 A public building, church, library, museum or other similar use, either governmental or private, shall be set back at least ten feet from all lot lines. 25.32.080 Exceptions. 1. The following shall be exceptions to both lot coverage and setback lines: a) Cornices or eaves projecting into a side setback no more than fifty percent of the required setback to a maximum of four feet. b) Front entrance stairs and stoops with no roof to a maximum projection of six feet into the front and rear setback, such coverings shall be counted in lot coverage. c) Bay windows on the first floor projecting into the front setback no more than one foot six inches and not exceeding twenty square feet in window casement area. d) Fireplace chimneys projecting into the front setback no more than two feet and not exceeding six feet in width. 2. The following shall be exceptions only to side and rear setback lines: a) Bay windows projecting not more than one foot six inches into exterior side setbacks on corner lots and not exceeding twenty square feet in window casement area, at least three feet from any lot line, provided that bay window may not project into an interior side setback. b) A detached garage or other one story accessory building located within the rear thirty percent of a lot. c) Greenhouse windows projecting no more than one foot, a minimum of three feet above finished floor, not exceeding seventeen square feet in window casement area and at least three feet from any lot line. 12 d) Open balconies projecting not more than four feet into a front setback and not to exceed sixteen feet in length. Multiple balconies so projecting from the same floor shall have a minimum horizontal separation of ten feet. 3. The following shall be exceptions to lot coverage and side and rear setback lines: a) Fireplace chimneys projecting into the side and rear setback no more than two feet but not closer than two and one-half feet from side property line and not exceeding six feet in width. 25.32.090 Underground garages in setback areas. Garages may be constructed entirely below ground level and such underground garages may project into any required yard or building setback area, subject to the following limitations: 1. Plans for such underground garages, together with methods of access and egress for the vehicles, must be prepared and submitted for approval by the planning commission prior to the issuance of a building permit; 2. The surface of the structure lying within a required yard or setback area shall be suitably landscaped in keeping with the general character of the surrounding neighborhood; 3. Plans for such landscaping and use of open space must be included in the submitted plans and must be approved by the planning commission; 4. The uppermost portion of any structure or attachment thereto within any required yard or setback area shall not extend above natural grade; 5. On lots abutting or fronting E1 Camino Real, underground garages may not be constructed in any portion of the property line and the building setback line on such frontage but may be constructed in accordance with the foregoing regulations in other portions of the property. 25.32.095 Rollins Road multiple family subzone. 25.34.050 Lot dimensions and lot requirements. 1. Lots of six thousand nine hundred ninety-nine square feet or less must have an average width of not less than fifty feet and all such lots or parcels of land shall have a frontage of not less than fifty feet on a public street; lots of seven thousand square feet to nine thousand nine hundred ninety-nine square feet must have an average width of not less than fifty feet and all such lots or parcels of land shall have a frontage of not less than fifty- five feet on a public street; and lots of ten thousand square feet or more must have an average width of not less than fifty feet and all such lots or parcels of land shall have a frontage of not less than 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 feet may have a lesser frontage but not less than thirty feet for a six thousand nine hundred ninety-nine square foot or less lot or parcel, thirty-five feet for a seven thousand square foot to nine thousand nine hundred ninety-nine square foot lot or parcel, or forty feet for a ten thousand square foot or larger lot or parcel. 11 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 square feet; all lots shown within a border of horizontal crosshatching shall have an area of not less than seven thousand square feet; and all lots shown within a border of vertical crosshatching shall have an area of not less than ten thousand square feet. 3. Where frontage on a public street is impossible or impractical, the planning commission may recommend 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. An offer of grant or dedication'of any such easement made to the city council shall be referred by it to the planning commission which shall recommend the acceptance or denial of such offer to the city council. Recommendations of acceptance may be conditional. The city council shall not accept or refuse to accept any such offer until it has received and considered the recommendations of the planning commission. The provisions of this subsection shall not apply to public service easements as such easements are defined by Section 50432 of the California Government Code, 4. Variances may be granted to the provisions of subsections (1) and (2) above in accordance with the provisions of Chapter 25.54 of this code. 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 after said date for the construction of any building on any lot divided or subdivided 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 square feet each. 25.34.070 Lot coverage. The maximum lot coverage for all buildings and structures, including balconies, stairs, roof overhangs exceeding twenty-four PEA! inches, trellises and improvements which exceed thirty inches in height, shall be fifty percent for interior lots and sixty percent for corner lots. 25.34.075 Setback lines. 1. The minimum front setback line shall be fifteen feet as measured from the lot front, provided that the setback line delineated on any approved subdivision map shall supersede any provision of this chapter. 2. If forty percent or more of the frontage upon one side of a block is developed with structures the front setback line for any new structure shall be the average of the actual front setback of such existing structures, if such average exceeds fifteen feet. Such measurement shall be to the front wall or to any projection of the existing structure. 3. Setbacks on certain streets. There shall be a minimum front setback on all buildings constructed on lots which front on Park Road, between Howard and Peninsula Avenues, of five feet. There shall be a minimum setback of twenty feet on all buildings constructed on E1 Camino Real. 4. The minimum side and rear setback lines shall be as follows; if front and rear lot lines are unequal their average shall be the width at the midpoints of the two side lot lines: Side Setback Lines (in feet) Lots 42' Wide Lots Over 42' and Lois 51' Wide and Lots 54' Wide and Lots 61' Wide end or Under Less Than 51' Less Than 54' Less Than 61' Over 3 4 5 6 7 Rear Setback Lines (in feet) 1 and 2 story More than two stor 5. Minimum side setback for condominium developments shall be five feet. 6. Side setback requirement shall increase one foot for every floor above the first floor. 7. The side setback for any dwelling on a corner lot shall be seven and one half feet for a building of two stories or less and shall increase one foot for each additional story. 8. A public building, church, library, museum or other similar use, either governmental or private, shall be set back at least ten feet from all lot lines. 2.5.34.080 Exceptions. 1. The following shall be exceptions to both lot coverage and setback lines: a) Cornices or eaves projecting into a side setback no more than fifty percent of the required setback to a maximum of four feet. b) Front entrance stairs and stoops with no roof to a maximum projection of six feet into the front and rear setback, such coverings shall be counted in lot coverage. 15 c) Bay windows on the first floor projecting into the front setback no more than one foot six inches and not exceeding twenty square feet in window casement area. d) Fireplace chimneys projecting into the front setback no more than two feet and not exceeding six feet in width. 2. The following shall be exceptions only to side and rear setback lines: a) Bay windows projecting not more than one foot six inches into exterior side setbacks on corner lots and not exceeding twenty square feet in window casement area, at least three feet from any lot line, provided that bay window may not project into an interior side setback. b) A detached garage or other one story accessory building located within the rear thirty percent of a lot. c) Greenhouse windows projecting no more than one foot, a minimum of three feet above finished floor, not exceeding seventeen square feet in window casement area and at least three feet from any lot line. d) Open balconies projecting not more than four feet into a front setback and not to exceed sixteen feet in length. Multiple balconies so projecting from the same floor shall have a minimum horizontal separation of ten feet. 3. The following shall be exceptions to lot coverage and side and rear setback lines: a) Fireplace chimneys projecting into the side and rear setback no more than two feet but no closer than two and one-half feet from side property line and not exceeding six feet in width. 25.34.090 Underground garages in setback areas. Garages may be constructed entirely below ground level and such underground garages may project into any required yard or building setback area, subject to the following limitations: 1. Plans for such underground garages, together with methods of access and egress for the vehicles, must be prepared and submitted for approval by the planning commission prior to issuance of a building permit; 2. The surface of the structure lying within a required yard or setback area shall be suitably landscaped in keeping with the general character of the surrounding neighborhood; 3. Plans for such landscaping and use of open space must be included in the submitted plans and must be approved by the planning commission; 4. The uppermost portion of any structure or attachment thereto within any required yard or setback area shall not extend above natural grade; 5. On lots abutting or fronting E1 Camino Real, underground garages may not be constructed in any portion of the property line and the building setback line on such frontage but may be constructed in accordance with the foregoing regulations in other portions of the property. 25.36.031 Permitted uses in Burlingame Avenue Commercial Area. The following uses will be permitted in the subareas in the Burlingame Avenue commercial area districts: 16 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, (b) Nurseries, (c) Auto supply, (d) Offices except health service, and except as provided in Section 25.36.032(2)(e), (e) Computer programming and software equipment rental, (f) Schools, above the first floor only, (g) Floor covering, (h) Household appliances. 25.36.035 Additional conditional uses in certain areas. In addition to the conditional uses set forth in Section 25.36.030, the uses permitted in Section 25.38.020, except section 1, are conditional uses requiring a special permit in the following described area: that area bounded by California Drive, Highland Avenue, Howard Avenue, Hatch Lane and City Parking Lot M. 6*6 25.36.038 Food establishments in the Broadway commercial area and Burlingame Avenue commercial area, subarea A. 1. In the Broadway commercial area and the Burlingame Avenue commercial area, subarea A. the number of food establishments 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 establishment in said area if the premises is an existing food establishment. A special permit, pursuant to Chapter 25.16 shall be required for expansion of an existing food establishment, or for location of a food establishment at a site not previously used for such purpose. No food establishment shall be allowed at a new site unless the city planner has determined, based on information submitted by the applicant, that the number of food establishments is below that existing and in business on April 16, 1985. 3. A food establishment shall be deemed out of business when the premises is occupied by another business which does not sell food, or the premises has been vacant for more than six months, under remodeling with a permit or both. 17 25.36.060 Building regulations. 1. Only one building designed or used solely as a residence for one or more families shall be located, erected or maintained on one lot. 2. All building regulations, restrictions and limitations relating to dwelling units in R districts shall apply to dwelling units in C districts, except as provided in this chapter. 3. In a building designed to be used, or used, for commercial purposes in a portion of which a dwelling for residence of one or more families is located on the same story as the commercially used portion, the following regulations shall apply: (a) The area and average width of the lot shall be the same as provided in R districts; (b) That portion designed to be used, or used, as a dwelling or residence shall be subject to the setback requirements and lot coverage requirements as provided in Chapter 25.28 of this code. 4. In a building designed to be used, or used, for commercial purposes, and in a portion of which a dwelling for one or more families is located in another story than that portion used commercially, the following regulations shall apply: (a) The area and average width of the lot on which such building is located shall be the same as provided in R districts, and the area of that portion designed to be used, as a residence or dwelling shall be no greater than the area which would be permitted in the event such portion were located on the ground floor or story of such building; (b) That portion designed to be used, or used, as a dwelling or residence shall be subject to the setback requirements and lot coverage requirements as provided in Chapter 25.32 of this code; (c) That portion used, or designed to be used, for commercial purposes must conform to all ordinances of the building code or others relating to fire or health protection. 25.40.040 Building regulations. There shall be a front setback of a minimum of fifteen feet on all buildings or structures located, erected or rebuilt in a C-3 district. The minimum side setback lines shall be as follows: Side Setback Lines (in feet) Lots 42' Wide Lots Over 42' and Lots 51' Wide avd Lots 54' Wide and Lots 61' Wide and or Under Less Thm 51' Less Than 54' Less Than 61' Over 3 4 5 6 7 1. Minimum side setback for condominium developments shall be five feet. 2. The side setback requirement shall be increased one foot for each floor above the first floor. 3. The side setback for any structure on a corner lot shall be seven and one half feet for a building of two stories or less and shall increase one foot for each additional story. 4. A public building, church, library, museum or other similar use, either governmental or private, shall be set back at least ten feet from all lot lines. 25.41.040 Coverage, setbacks, minimum lot The following minimum setbacks shall sizes. apply to all buildings and structures or any Front setback Side setback Rear setback There shall be enlargement thereof: a minimum lot size of Thirty feet Ten feet Twenty-five feet twenty thousand square feet and no property may be divided or subdivided into a parcel of 9lesser area." Section 3. This ordinance shall be published as required by law. Vi ce 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 4th day of May , 1992, and adopted thereafter at a regular meeting of the City Council held on the 18th day of May 1992, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: HARRISON, KNIGHT, LEMBI, O'MAHONY NONE ABSENT: COUNCILMEMBERS: PAGLIARO City Clerk f 19 CITY OF BURLINGAME SUMMARY OF ADOPTED ORDINANCE REVISING ZONING REGULATIONS Pursuant to Government Code Section 36933 (c)(1) following is a summary of Ordinance No. % lP adopted May 18, 1992: Adds definitions and revises and reorganizes sections and chapters of zoning title concerning projecting windows and lot coverage calculations for such architectural features; places such provisions within chapters relating to each residential classification; removes various outdated or superseded provisions; codifies certain administrative practices. AYES: COUNCILMEMBERS: HARRISON, KNIGHT, LEMBI, O'MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: PAGLIARO A certified copy of said adopted ordinance is available in the City Clerk's office, 501 Primrose Road, Burlingame, California. Dated: r Prepared by; F. COLEMAN, City Attorney