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HomeMy WebLinkAboutOrd 0675ORDINANCE NO. 675_ AN ORDINANCE AMENDING 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) The following regulations shall apply to all R-1 Districts: A. Uses Permitted: 1. Single-family dwellings. 2. Public buildings, public parks and playgrounds. 3. Accessories to the above mentioned uses, including, but not limited to, private garages, parking spaces, green- houses, lath houses, playhouses and sheds, all subject to the provisions and limitations hereof. 4. Storage of any trailer; provided that no trailer shall be stored or permitted to be stored on that part of any lot or parcel of land on which the construction of buildings is prohibited; and provided, further, that no person shall use or permit to be used any trailer for the purpose of sleeping or as living quarters. For the purpose of this sub -section, a trailer is defined as a vehicle designed for carrying persons or property on its own structure and for being drawn by a motor vehicle. B. Uses permitted with a permit from the Planning Commission: 1. Churches. 2. Plant nurseries and truck gardening; provided that the produce therefrom shall not be retailed and delivered on the premises but may be delivered therefrom; and pro- vided, further, that no vested rights to use the proper- ty for such or other commercial use shall arise there- from. 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 further that no such rooms shall be constructed above or as a second story to such garage or accessory building. 4. Private stables for horses or cattle; provided, however, that no horses or cattle shall be permitted on any parcel of land with an area of less than 80,000 square feet. 5. Structures, appurtenances and equipment for public utility purposes reasonably necessary for the public health, safety or welfare. C. Building regulations: 1. Only one building designed or used as a residence for one family shall be erected, located or maintained 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, 1954, a garage may be erected in front of the main building but not in any portion of the front set -back. 4. All buildings shall be subject to height, area and garage limitations as provided otherwise herein. D. Lot limitations and lot requirements. 1. Lots must have an average width of not less than 50 feet - 2 - and all lots or parcels of land shall have a frontage on a public street of not less than 50 feet except that lots, which face on the curve of a curved street where the radius of the curvature of such frontage is less than 45 feet, may have a lesser frontage but not less than 30 feet. 2. All lots shown in white on the map hereto attached shall have an area of not less than 5000 square feet and all lots shown on said map, which are cross -hatched, shall have an area of not less than 7000 square feet. Said map is hereby incorporated in and made a part of this ordinance. 3. Where frontage on a public street is impossible or im- practical, the Planning Commission may recommend an easemert 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 acceptance or denial of such offer to the City Council. Recommen- dations 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 recommen- dations of the Planning Commission. The provisions of this sub -section 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 sub- sections 1. and 2, above in accordance with the pro- visions of Article 50, Division 8 of this code. 5. The average width, lot frontage, and minimum areas pro- vided for in subsections 1. and 2. above shall not apply to any lot or parcel of land of smaller dimensions - 3 - appeaVing 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 sub- divided which does not comply with the minimum require- ments set forth above, except as varied by sub -sections 3, or 4, of this section. 6. The provisions of sub -sections 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 wherein one or more lots or parcels of land do not conform to all of the provisions of sub -section D1 through D4, when the Planning Commission and the City Council find that by reason of exceptional or extra -ordinary circum- stances the approval or acceptance of such maps will not adversely affect the comprehensive zoning plan of the city. E. Height limitations: No building shall be constructed, altered or maintained in an R-1 District which exceeds 22 stories or 35 feet in height, with the following exceptions: 1. On lots that slope downward toward the rear from the street line, the maximum height of the structure shall be 22 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 stree line, the maximum height of the structure shall be 22 stories or 35 feet above grade at the set -back line and the same number of stories or height at any point of the - 4 - structure measured vertically from ground level at that point. SECTION 2. If any section, sub -section, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent pro- vision and such holding shall not affect the validity of the re- maining portions. SECTION 3. 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 law. ANDREW C. BYRD - May I, Herbert K. 17hite, 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 21st day of April, 1958, and adopted thereafter at a regular meeting of the City Council held on the 5th day of May, 1958, by the following vote: Ayes: Councilmen: Byrd -Johnson -Morgan -Rooth -Thayer Noes: Councilmen: None Absent Councilmen: None . vdnire - uicy