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AND REMOVING VARIOUS SUPERSEDED AND OUTDATED PROVISIONS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of the Burlingame Municipal Code are hereby repealed: Chapters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.
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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
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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.
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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