HomeMy WebLinkAboutOrd 0749ORDINANCE NO. 749
AN ORDINANCE A;IENDING SECTION 1926 OF THE ORDINANCE CODE
OF THE CITY OF BURLINGAME REGULATING PERMISSIVE USES AND
PROVIDING FOR BUILDING REGULATIONS, LOT LIMITATIONS AND
LOT REQUIREMENTS AND HEIGHT LIMITATIONS IN R-1 (FIRST
RESIDENTIAL) DISTRICTS,
The City Council of the City of Burlingame does ordain as follows:
"SECTION 1, Section 1926 of the Ordinance Code of the City of
Burlingame is hereby amended to read and provide as follows.
Section 1926 - Regulations For R-1 Districts.
(First Residential)
No building or land in this District shall be used and no build-
ing shall be hereafter erected, altered, or enlarged except as pro-
vided in the following regulations, exceptions and provisions:
A. Permitted Uses,
1. Single family dwellings.
2. Public buildings, public parks and playgrounds.
3, Accessory buildings, structures or uses including
private garages, parking spaces, greenhouses, lath -
houses, playhouses, sheds, swimming pools and ac-
cessory buildings to serve such swimming pools, but
not including group pools or swimming pool clubs.
4. Home occupations as defined in this Article.
5. Letting of rooms, with or without meals, to not more
than three persons.
6. StoraEe of any trailer; provided that no trailer
shall be stored or permitted 'to be stored on that
part of any lot or parcel of land upon which the
construction of buildings is prohibited; and pro-
vided, further, that no person shall use or per-
mit to be used any trailer for the purpose of
sleeping or as living quarters.
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7. Real Estate signs as regulated in Article 49A of
the Ordinance Code.
8. Church bulletin boards as an accessory use to per-
mitted churches.
9. Fallout and protective shelters, subject to the ap-
propriate provisions of the Building Code and to
the site regulations of subsection G of this section.
Such shelters may not be used or intended to be used
for any purpose other than human habitation during
nuclear radiation fallout or any threatened or
actual enemy attack.
B. Conditional Uses Requiring A Special Permit.
1. Churches, convents, parish houseso
2. Schools, public and private' including religious or
parochial schools; but not including trade, music,
dancing, business or similar schools and private
schools operated for profit.
3. Living rooms, sleeping rooms, rumpus rooms or hobby
rooms in garages or accessory buildings provided
that such rooms shall not contain a kitchen and
shall not become a separate rental property, and
provided that such rooms shall not be constructed
above or as a second story to such garage or access-
ory buildings.
4. Plant nurseries and truck gardening; provided that
the produce therefrom shall not be retailed and
delivered on the premises but may be delivered there-
from,a
5. Public utility and public service structures or in-
stallations when found by the Commission to be
necessary for the public health, safety, convenience
and welfare.
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C. Prohibited Uses.
1. It shall be unlawful to utilize any yard, lot or
portion thereof, in an R District for the storing
of lumber, lime, cement, plaster, building materi-
als, machinery, or other equipment used in or for
business.
D. Building Regulations.
1. Only one building designed or used as a residence
for one family shall be erected, located or main-
tained on one lot.
2. No detached building; accessory to a main building
shall occupy the portion of any lot in front of
the main building; provided that where conditions
of terrain make it impossible or impractical to
construct a garage as part of,.or in the rear of,
the main structure, the Planning Commission may
issue a permit to build such garage in front of
the main building. No accessory building shall be
erected closer than 4 feet to any other building
on the same lot or parcel of land.
3. Where a dwelling has been erected on the rear 60%
of the lot prior to January 15, 1954s a garage
may be erected in front of the main building but
not in any portion of the front setback.
4• All buildings shall be subject to height, area
and garage limitations as provided otherwise here-
in.
E. Lot Limitations and Lot Requirements.
1. Lots must have an avera;
)n the map attaG ed hereto, all lots shown '$n wh. td
shall have an area of not less than 5,000 square feet;
all Lots shown within a border, of horizontal cross-
hatching shall hav-, an area of not less than 7000
square feet; and all lots shown, within a border of
vertical crosshatching shall have an area of not less
than 10,000 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 such 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 ac-
ceptance 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 de-
fined by Section 50432 of the Califo^nia Government
Code,
4- Variances may be granted to the provisions of sub-
sections 1, and 20 above in accordance with the pro-
visions oi.' ArtiE*le 5'0,, 'Division 8 of th7.w tic,;;o ,
,.
The avera;-e 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 di-
mensions 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. or !go of this section,
6. The provisions of subsections D1 through D4, inclusive,
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 where-
in one or more lots or parcels of land do not conform to
all of the provisions of subsections D1 through D4, 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 310 19609
which are thereupon classified for residential uses,
shall be divided into lots having an area of less than
10,000 square feet each,
F. .Height Limitations.
No building shall be constructed, altered, or maintained in an
R-1 District which exceeds 21 stories or 35 feet in height, with the
following exceptions:
')II 1 oto ! t173f; Pi,downward. toward j he
street line, the maximum height of the structure
shall be 2' stories or 35 feet above the existing or
future curb level, irrespective of the number of
stories at the rear of the structure.
2. On lots that slope upward toward the rear from the
street line, the maximum height of the structure
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shall be 2- stories or 35 feet above grade at the
setback line and the same number of stories or
height at any point of the structure measured
vertically from ground level at that point.
G. Fallout and Protective Shelters.
Detac`ied above -ground shelters may be constructed on any
portion of a property where accessory buildings may be located.
Buried shelters may be constructed in the rear yard of
the principal building but may not be constructed in any re-
quired side yard or in any portion of a property burdened by an
underground easement.
No person shall construct a buried shelter in a front
yard without first obtaining a permit from the Planning Com-
mission which is authorized to issue such permits if it finds
construction of a buried shelter in the rear yard to be im-
possible or impracticable. Such permits, when issued® shall be
subject to the following conditions:
1. Driveways➢ walks and suitable landscaping shall
be installed or re -installed in those portions of
the front yard normally used for these purposes;
2. Existing underground sewers, water pipes and
water meters shall be re -installed in accordance
with the specifications of the City Engineer and
at the entire expense of the person to whom the
permit is issued;
3, No portion of the shelter except-rantilatior.
vF '4a.L3s � 33 a tress
entry not exceeding three feet in height may be
oarmitted.
Any person desiring to construct an underground shelter
in the front yard shall make a written application to the
Planning Commission. The application shall show the location
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on the property of the proposed shelter and shall set forth rea-
sons why such shelter cannot be constructed in the rear yard;,
A fee of x$10.00 shall be paid.
At its next regular meeting following receipt of the appli-
cation, the Planning Commission shall hear the applicant and all
others who wish to be heard and may *rant or deny the rsquest�
Notice of the hearing shall be mailed to all owners of
property contiguous to that for which the permit is sought„
SECTION 2. If any section, sub"otion., sentence, clause.,
phrase or portion of this Ordinance is for any reason held in-
valid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions.
SECTION 1. Any section, part of a section, of this Code
in conflict herewith is hereby repealed.
SECTION 4, This Ordinance shall be published once as re-
quired by kw.
A R� DRyor
I, Herbert K. White, 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 third day of
January, 19629 and adopted thereafter at a regular meeting of the
City Council held on the fifteenth day of January, 1962, by the
ACa..i: 1;➢41 a3 F?..
Ayes: Councilmen Byrd, Johnson, Martin, Morgan
Noes: Councilmen' None
Absent: Councilmen: Lorenz
Herbert K. -White - CityC=8
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