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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. -1- 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, P"2 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. P43 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. L P-4 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. M 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 p 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. p-4 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 -10- 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 r 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. ll of this ordinance. Bach application for a building permit thereafter filed with the City Council shall be accompanied by a -13- 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. -14- 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.