HomeMy WebLinkAboutOrd 0227ORDINANCE No. 227.
AN ORDINANCE regulating and establishing the location of
residences, apartments, trades, industries and business
buildings and establishing the loundaries for said purposes,
providing for the creating of a city planning commission
and providing penalties for the violation of its provisions.
The City Council of the City of Burlingame do ordain
as follows:
Section 1. The public health, comfort, convenience,
safety and welfare require that the use of private property
in the City of Burlingame, County of San Mateo, State of
California., be and it is hereby regulated, and that districts or
zones be and they are hereby established throughout the City
of Burlingame, within some of which it shall be lawful and
others unlawful to erect, alter or c:ainta:in certain buildings
or make uses of certain property, and that therefore the said
City of 13urlingame shall be and it is hereby divided into four
classes of use districts, viz:
(1) Commercial
(2) Apartment
(3) Residential
(4) Unrestricted.
As provided by the act of the Legislature of California,
entitled, "An Act to provide for the establishment within
municipalities of districts or zones within which the use of
property, height of improvement and required open spaces for
light and ventilation of such buildings may be regulated by
ordinance," approved May 31st, 1917.
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COUMERCIAL DISTRICT
Section 2.
The commercial district as herein defined shall include
the following described lots, blocks and areas, together with
the roads, svenuea and lanes adjacent thereto; located in the
City of Burlingame, California:
LOTS AND BKOW IN WON & BOAO SUBDIVISION OF
THE TORN OF :BURLIt1'aAUE ,
All of Lots 3o. 3 to No. 7 inclusive, Block No, 46.
IT
IT No. 13 to ado. 17 inclusive, Block No. 46.
If
It
No. 1 to No. 5 Inclusive, Block He. 47,
All of Blocks Loos, 18 1 19,
All of southerly 1%2 of Block So. 20.
.All of Lots Noc. 1, 2a, 2b, 2c, 2d, 3a, 3b, 30, 3d, 4a, 17,
16a & 16b, Block No, 17.
LOTS AND BLOCX5 IN SUPPLEMENTARY LAP TO MAP
No. 1, TO:'IN 0+' BURLINIAME.
All of WE Floe. 11, 12, 13; 14 & 15, in Block No. 17.
All of the area bounded by North Lane, East Lane, South Lane,
and California Drive.
All of Lots le, lb, 2, 3, 4, 5a, 5b in Block Pio, 13.
All of Blocks Nos. 5, 6, 11, 14, 15 & 16.
All of Lots Ivor. 10, 11, 12 & 13 of Block No. 4.
All of Bloot No, 12, except the following described lands;
beginning at the most southerly corner of .Block No. 12, and
running thence Voitheesterly along the Northwesterly boundary
of ?Bayswater Avenue 120 feet; thence Northwesterly parallel
to Highland Avenue 100 feet; thence Southwesterly parallel
to Bayswater Avenue 15 feet 10 inches; thence Northwesterly
parallel to Highland Avenue 100 feet; thence Southwesterly
parallel to Bayswater Avenue 104 feet 2 inches to the North-
westerly boundary of Fighland Avenue; thence southeasterly
alone the Northwesterly boundary of Highland Avenue 200 feet
to the place of beginning.
it,
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All of Lots Nos. 1, 2, i, 4,5, 6, Is, 7b,'8 and all of that
portion of Lot Pio, 9 lying between the Southeasterly line Of
Burlingame Avenue and a line parallel thereto, 125 feet South-
easterly and perpendicularly distant therefrom, excepting the
southerly 50 feet of Lots Nos. 1 & ', all in Block No, 1,
All Of the undoeiWtOd area €fit the intarseotian of Howard
Avenue and California Drive.
?pTS AND BLOCS I1G sU PLEWTARY MAP NO, 1 JO SU"
PL'lCis1+TTARY VAP YO- 1, TO THE TORN OF BURLINGAUE.
All of Lot to. 4, Block No* 2.
LOTS Af1m, BLOCKS IIS THE POLO FIELD SUBDIIIS ION OF
THE TO`•^7Pd OF BU°LINGAD ,
All of Lots Nos, l0, 11, 12 & 13, Block No, 10.
x.11 of Lots Nos, 10, 11, 12 & 13, Book No, 7,
LOTS AND BLOCKS IN BURLINJAM2 LAND COMPANY SUB-
DtViSiON.
All of Lots ,dos* 1, 2, 30 40 5, 14, P & 0, 'Blocq NO, 114
All of Lots Sos, 3, C, & D, Block filo. 10,
All of W6 NOS— 'A, 'l, J, K, & L, in Block No. 3.
All of Blocks }dos. 1 Fi 2,
All of Lots Nos. 1, 9, and all of that portion of :Lot No.
8 described as follower: Beginning at the WOOt Iseterly
corner of the ahave-nawed. Lot deo„ s and running thence
Southwesterly along the Southeneterly line thereof 102 feet;
thence Northwastorl; Parallel to California Drive 40 feet,
thence Northeasterly parsllel to the southeasterly line of
Lot No. 6 to a point Southwesterly and 44 :Peet perpendicularly
distant krom California Drive, thence Korth eeterly 102.60
:feet to the Southeasterly boundary of Douglas Avenue, thence
along the above-named Sautheastery boundary Of Douglas Ave-
nue 44 feet to the most Northerly corner of Lot 30* a,
thence Southeasterly along the aouthweaterly line of C011-
fornia :give to the place of beginning; all being in Block j4.
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11 of Lots J, Z, L & 1 in Block No, 5.
411 of Lots L, M, N, 0, P, & 2, in Block No, 6.
THE DONNE LLY TRACT (Unplatted)
All that portion of land bounded by Bellevue Avenue,
Lorton Avenue, Burlingame Avenue and Primrose Road, with
the following exceptions: Block :toe. 2 & 3 of the Burl-
ingame lead Company Subdivision and the following described
area: Beginning at the intersection of the Southeasterly
line of aforesaid Block No. 3 with a line parallel to and
one hundred feet Northeasterly and perpendicularly distant
from the Northeasterly boundary of Primrose toad; thence
Southeasterly parallel to Primrose Road to an intersection
with a line parallel to and 140 feet Northwesterly and.
perpendicularly distant from the Northwesterly line of
Burlingame Avenue to an intersection with a line parallel
to and 254 feet and 7 inches Southwesterly and perpendicu-
larly distant from the Southwesterly boundary of Lorton.
Avenue; thence horthwesterly parallel to *porton .Avenue to
an intersection with the Southeasterly line of the above-
named Block E:7. 3; thence aouthweeterly along the Southeast-
erly line of the above-named :Block No* 3 to the place of
beginning.
LOPS AND BLOCZB 10 DS COULON SUP.ZDIVVION.
All of the Lots in Block No. 1 and'the Northerly 1/2
of Block No. 2.
PETERSON & HAY400D PROPERTY
All that area between the De Coulon Subdivision and
Block No, 12 of Burlingame Terrace lying between California
Drive and a line drawn Northwesterly parallel thereto from
the most deeterly corner of Lot No. 16, ]Block No. 2, De
Coulon Subdivision.
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DOTS AND BLOCS I'N BURLINGAVA2 TERRACE.
All of Lots Nos, 1, 10, 11, 12 & 13, a, b, c, dt e, f,
i, & j, .Block ITo. 1.
" Lot No. 25, Block No, 12,
EAMN ADDITION NO. 1,
All of .Lots Nos, 1 to 6, inclusive, Block ITo, 17.
All of mots Silos. 1 to 13, Inclusive, Block TIO. 11.
All of Lots iTos. 1 to 14, Inclusive, Block Io. tri.
All of sots Nos. 1 to 12, inclusive, Block No. 1.
All of Lots Nos, 19 to 24, Block No, 1.
All of Lots Eos. 1 to 7, inclusive, Block No, 2,
All of Lots Nos. 25 & 26, Inclusive, Block No. 2.
A1.I of Lots Nos. 1, 2, 26 ?z 27, .Block No, S.
All of Lots ITos, 1, 29 27, & 28, Block .ITo. 4.
1111 of Lots .idol, 1, 2, 29, & 30, Block No. 5.
LOTS AND BLOCZ8 IN BURLINGA2 GROVE SUBDIVISION
All of Tota Nos. 1 to 6, inclusive, Block No, 13.
All of Lots Nos, 1 to 7, Lnolusive, Block No. 14.
All of Lots iTos, 15 to 22, inclusive, Block 110, 14a
All of Lots Nota, 28 to 32, inclusive, Block No, 15.
All of Lots Tilos, 1, 30, 31, 32 & 33, Block No, 16.
All of Lots 110s, 1. 2, 32, 33, & 34, 'Block No. 17.
APARTIENT DISTRICT
Section 3 -4 -
The Apartment District as herein defined shall include
they following described lots, blocks and areas, together
with the roads, avenues and lanes adjacent thereto; located
in the City of ?Burlingame, California.
LOTS AND BLOCEa IN THE LYON & HOAG SUBDIVISION Ell
TH.. TOWN 0? BURLINGAUE.
All of Plock No. 21.
All of the northerly 1/2 of Block no. X.
All of Lots Nos. 4b, 5a, 5b, Go & 6b, in Block No. 17.
LOTS: AND BLOC B IN THE SUPPLEKNTARY X&F TO MAP
NO 1, 1F TV TOWN OF BUPLINGAMB.
All of Lots Noe, 7, 8, 9 & 10, Block No. 17.
All of Lots Nos. 1 to 9, inclusive, Block No, 4.
All of Lots Nos. 14 to 22, inclusive, in Block No. 4.
All of Tots Nos, le, ld, le, 5c, 6, 7, 8, 9, & 10, Block J13.
All that portion of Block too. 12 described as follows:
Be,Sinning at the most Southerly corner of Block No. 12, and
running thence Northeasterly along the Northwesterly bound-
ary of :Bayswater Avenue 120 feet; thence Northwesterly par-
allel to Boyswoter Avenue 15 feet 10 inches; thence North-
westerly parallel to Highland Avenue 100 feet; thence South-
westerly parallel to Gayswnter Avenue 104 feet 2 inches to
the Northwesterly boundary of Highland Avenuo; thence South-
easterly along the Northeasterly boundary of Highland Avenue
200 feat to the place of beginning.
All that portion of Lot No. 9, lying Southeasterly from a
line parallel to the Southenstorly boundary of "Burlingame
Avenue and 125 :Peet southeasterly and perpendicularly distant
therefrom; and The Southerly 50 feet of Lots Nos. 1 & 2; all
In Block No. 1.
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LOTS AND B,40CZ6 lea THS SUPPL&ILIMARY vu NO. 1,
TO THE StJPPLb..�: NTARY BAP N0, 11 TOW OY BURLIVAME.
All of Lots 10e, 10b, 10c, 11e & 11b, Block No, 1,
All of Block No. 2, except Lot No. 4,
All of Plock No. 3.
LOTS AND BLOCIB IN POLO .FIELD SUBDIVISIGN OF
THE TOIN OP MUM=
All of .Blocks Noe. 8 & 9.
All of :dock No. 10, except Lots Noe, 100 11, 12 & W.
All of Block No. 7, excegt Lots Noe, 10, 11, 12 & 13.
LOTS & BLOCKS IN BURLINGAME LAND COMPANY SUMN
All of Lots ,los. A, B, C, D, E, F, s, H, I, J, X, L, M,
& N, of Block No, 11.
All of Lots Nos. 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, 18 and A, Y, 3, R, I,
J, K, L, Y' N, & 0; all in Block No, 10.
All of Lots Nos. C, D, '°, ?, C, H, I & 6 in Block No. 3.
All. of Block No. 4, except Lots Nos. 1, 9, and all of that
portion of Lot No. 8, described as follows: Beginning at
the most Ensterlr corner of the above-named 'Lot No, 8 and
running thence Southwesterly along; the Southeasterly line
thereof 102 foot; thence NoTthweeterly parallel to Cali-
fornia Drive 40 feet, thence Northeasterly pernllel to
the Southeasterly line of tot No. 8 to as point Southwesterly
and 44 feet perpendicularly distant from California Drive,
thence Northwesterly 102,80 feet to the Southeasterly
boundary of Douglas Avenue, thence along the :above-named
Southeasterly boundary of Douglas Avenue 44 faet to the
most Northerly corner of Lot No. 8, thence Southesvtorly
along the Southwesterly line of California
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Drive to the place of beginning; all being in Block ;14.
All of Block No. 5 except Lots Nos, J, X, L, & 1.
All of Block No, 6, except .Lots L, U, N, 0, P & Q.
:All of Block Roo. 7, 8, & 9.
TH3 DONN LLY TRACT (Unplatted )
All that portion of land bounded by Bellevue Avenue,
Lorton Avenue, Burlingame avenue and :primrose Road, de-
scribed as follows: Block Nos. 2 €e 3 of the Burlingame
Land Company Subdivision and the following described area:
Beginning at the intersection of the Southeasterly line of
aforesaid Block No. 3 with a line parallel to and one hun-
dred feat Northeasterly and perpendicularly distant from
the Northeasterly boundary of Primrose Road; thence South-
easterly parallel to Primrose ?load to an intersection with
a line parallel to and 140 feet Northwesterly and perpendi-
cularly distant from the Northwesterly line of Burlingame
Avenue to an intersection with a line pnral"lel to and 254
feet and 7 Inches Southwesterly and perpendicularly distant
from the Southwesterly boundary of Lorton Avenue; thence
Northwesterly parallel to Lorton Avenue to an intersection
with the Southavatorly line of the above-named :Block IFo. 3;
thence Southwesterly along the Southeasterly line of the
above-named Block No. 3 to the place of beginning.
LOTS AND BLOCKS IN .$U"RLINGAIE SHORE LAND COMPANY
SUBDIVISION NO, 1.
All of Lots Nos. 1 to 6, inclusive, in 3look No, 1.
All of Lots Nos, 1 to 5, inclusive, in. Block No, 2.
All of Lots Nos, 1 to 5, inclusive, in ?lock No. 3.
All of Lots Poe. 1 to 10 inclusive, In Block No. 4,
.All of Lots Nos. 1 to 51 inclusive, in Block Roo 6.
All of Lot Vo. 1, in block No. 7.
All of Lot A. on the easterly aide of the Highway.
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LOTS
AM)
BLOCXS
IN
EA TON ADDITION'
NO.
1.
All of Tots
Tilos.
20 to
24,
inclusive, in
Block
No. 2.
,6.11 of Lots Tilos. 3 to ?,-Inclusive, in Block No, 3,
All of Lots Nos, 20- to 25, inclusive, in Block No, 3.
All of pots Nos. 3 to 8, inclusive, in Block No. 4.
All of Lots Nos, 21 to 26, inclusive, in. Block No, 4,
All of Lots Noe, 3 to 9, inclusive, in Block Ito, 5,
All of Trots Nos, 22 to 28 inclusive, in Block No, b.
LOTS AND BLOCL3 I'1 DU_ LIN4AM2 MROV 0 SUi3114.
All of Lots Nos, 3 to 31, inclusive, in Block No, 17.
All of Lots Nos, 20 3, 4, 26, 27, 28 r: 29, in Block #16.
All of Lots 4 o s . 19 2, a, 25, 26 & 27, In block No. 15.
All of Tots w""Toe. 8 to 14, inclusive, in Block 'No. 14,
Section 4. RESIDENTIAL DISTRICT DEFINED.
The residential district is defined as follows:
.All the remaining land in the City of Burlingame beyond the
limits of the apartment district as in the preceding para_,raphi
herein defined, with the exception of the land mentioned in the
succeeding paragraph, designated as unrestricted district.
Section 5. UNRESTRICTED DISTRICT DEFIN]ED.
All the lands in the first Supervisoral District lying
in the City of Burlinga:r.e, northe-.;t of the Southern Pacific
right of way.0-and between Market st Railway and Southern
Faci io rights of way .
Section 6. Residential District. In the residential
district no piece, parcel, lot or premises and no building;
thereof,. shall be used, and no building shall be consttucted or
altered thereon which is arranged,: intended or designated to be
used, for any purpose other than for the following:
1. Single family dwelling
i 2, School
3. Church
4. Community Club House
5. Nurseries, farms, truck gardens and
green houses
6. Pu'clic buildings, parks and playgrounds
7. The usual accessories located on the same lot
with the aboThe named buildins not involving the conduct of a
bu:g
.iness, but including one 1) the office of a musician,
architect, physician, artist,., attorney or dentist or other person{
authorized by law to practice medicine, when situated in the
same dwelling, when used by sifch person as his or her ;lace of
residence. (2) A garage or group of e,gescontaining space
for not more than four automobiles; (3�A stable for not more
than two (2) cows or two (2) horses; and (4) buildings to be
used for poultry for the use of the persons residing on the same
lot, provided such garage, stable and poultry buildings are
situated on the rear half of the lot, 'cut in no case shall they,
or any of them, be located within fifteen feet of the street
line. The City Council may issue pewits for the erection in
the residential district of a temporary building for commerce
or industry incidental to the construction of a building or the
development of a residential district. No permit shall be
gr»nted at any one time to exceed a period of ninety (90) days,
but may be renewed by the City Council for a longer period.
Section 7.• In order to secure safety from fire and other
dangers and to promote the public health and welfare including
provision for adequate light, air and convenience of access, the
following rules and regulations shall govern buildings or
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structures erected or altered in said residential district, viz:
1. No building or structure shall be erected or altered
in said residential district which is not detached at least three
(3) feet from the side line of the adjoining property, provided
that where a building or structure covers a portion of two or
a
more lots shall be treated as one lot for the purposes of this
section and provided further that the requirements hereof shall
not apply to garages or other necessary buildings situated on
the rear half of any lot.
2. No building or stricture shall be erected or altered
on any lot in said residential district so that the aggregate
area covered by all the buildings or structures on the said lot
shall exceed -iyty (60) per cent of the total of said lot; and,
3. No building or structure shall be erected or altered
on any lot in said residential district so that it shall be more
than three (3) stories or forty feet in height from the top of
CI the curb to the finished railing line on the attic.
Section S. COMPERCIAL DISTRICT.
In the commercial aistrict a building or structure may be
erected or altered for any lawful purpose, except such purpose
I
or use as may constitute a nuisance and provided said buildings
or structures conform to the fire district requirement under the
building ordinance of the City of Burlingame.
Section 9. APARTNI'ENT DISTRICT
The apartment district is an extension of the commercial
district with the restriction of the uses of the land within
such extended territory to the erection, alteration and mainte-
nance of any building for any lawful purpose that pertains to
the housing of persons and ilace of abode or living, other than
as shown in the specified uses pertaining to the residential
district herein.
Section 10. Non -conforming buildings and uses: Any non-
conforming use existing at the time of then -passage of this
ordinance may be continued and anyexistingbuilding designed,
arranged, intended or devoted to a non -conforming use may be
reconstructed or structurally altered and the non -conforming
use therein changed subject to the following regulations:
1. The cost of reconstruction or structural alteration
of such building shall in no case exceed fifty per cent (50%)
of the value, nor shall the building be enlarged unless the use
thereof is changed to a conforming use.
2. No non -conforming use shall be enlarged a,. the
expense of a conformin,_ use
Section 11. The City Council of the City of Burlingame
does here ;y create a Planning Commission as provided by the
state law (Statute: of ,1.927 page 1599 anu its amendments)
the duties of which commission, their scope of authority and mode
of proceedure are as set forth in the "Anabling Act of 1917".
(Statutues 1917, page 1419, and its amendments).
Section 13. Alterations and changes. Whenever it is
desired to make any alteration or change in any of the districts
or in the re-classification of same, the City Council of the
City of Burlingame shall require the Planning Commission of said
city to recommend the particular alterations, changes or re-
classification, and the boundaries of the eistricts as so changed
together with the appropriate regulations and restrictions to be
enforced therein. The proceedure to be followed in .aking such
alterations, changes or re-classification., shall be as prescribed
by said "Enabling Act of 1917" and it2 amendments, particularly
as set forth in Section 4, thereof, providing for the preliminary
steps to the introductions and pa�;sage of any ordinance making
the proposed amendment thereto.
Section 13: This ordinance is o rda.in d as an emerg:;ncy
ordinance, beim a comprehensive plan in aid of the public
health, safety, morals, confort, and general welfare of the City
of Burlingame as well as a protection of the property of the
inhabitants therein, but should this section-.-. be declared un -
constitutional -and- not to be an emergency ordinance but an
ordinance su'i;ject to the thirty (30) day referendum law then it
is understood by this council t.at this ordinance would have
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been introduced and passed by said City Council without said !
emergency feature.
Section 14. Any firm, person or corporation violating
any p rovision or provisions of this. ordinance shall be guilty
of a misdemeanor, and upon conviction thereof shall be punished
by a fine of not more than 4200,00 or by imprisonment for a term
not to exceed ninety (90) days, or by both such fine and im-
prisonment. Such person, firm or corporation shall be deemed
guilty of a seperate offense for each and every day during any
portion of which any violation of this ordinance is committed,
continued or permitted by such person, firm or corporation, and
shall be punishable as herein provided. .
Section 15. Any building or structure erected, altered,
repaired or used in violation of any of the provisions of this
ordinance is hereby declared to be a nuisance, and it is hereby
made the duty of the city attorney of said City of Burlin.,Same
to, and any qualified elector of said city may prosecute any and
all persons violating any provision or provisions of this
ordinance, and in all cases where the punishment by fine fails to
abate the nuisance, the city attorney or any qualified elector
of said City of Burlingame may cause to be brought in the
Superior Court of the State of California, in and for the County
of San Mateo, an -action for the abatement thereof,
Section 16. No building permit shall be issued by the
City Council, or by its representative for the erection or
-alteration of an building or structure contra to the
Y g ry provisions.
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of this ordinance. Bach application for a building permit
thereafter filed with the City Council shall be accompanied by a
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statement as to the use of the building to be constructed or
altered on blanks to be furnished by the said City Council, On
each application there shall be shown an accurate block plan of
the location of the building on the lot drawn to a scale of
sixteen (16) feet to.one (1) inch.
j
Section 17, If any section,.sub-section, sentence, clause
or phrase of this ordinance is for any reason held to be uncon-
stituti,onal, such holding shall not affect the validity of the
remaining portions of this ordinance, or of this ordinance as a
whole, and the City Council of the City of Burlingame do hereby
declare that they would have passed this ordinance and each
section, sub -section, sentence, clause and phrase thereof, ir-
respective of the fact that any one or more sections, sub-sectionq,
sentences, clauses, or phrases thereof are or may hereafter be
declared unconstitutional.
Section 18. All ordinances or parts or ordinances
inconsistent herewith shall be and the same are hereby repealed.
Section 19 This ordinance shall be published in "The
Burlingame Advance -Star" for the period PP*d�--kd,46aby law and be
in force and effect from and after the date of its passage.
INTRODUCED the 4gth day of May, 1929, and duly and
regularly passed the 3rd day of June , 1929, by the following
vote:
Ayes, Councilmen: Buck. Jenkins. Petersor_. Stone.
Noes, CouncilTr..en: None
Absent, Councilmen: Totten
ATTES
V`
City Cler T.
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SSI ayo r
i'kEO IN TihE OFFICE OF THE CLERK
'X THS C;lTN OF 8U. INGAME, CAL,
1"HYS —_DAY f1F_-_....t9
Alt
TY CLEM.