HomeMy WebLinkAboutOrd 1966ORDINANCE NO. 1966
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BURLINGAME, AMENDING TITLE 25
(ZONING CODE) — CODE SECTIONS 25.30.030 (BURLINGAME AVENUE COMMERCIAL
DISTRICT) AND 25.70.090 (OFF-STREET PARKING) OF THE BURLINGAME MUNICIPAL CODE
TO ALLOW COMMERCIAL RECREATION AS A CONDITIONAL USE IN THE BURLINGAME
AVENUE COMMERCIAL (BAC) DISTRICT
The City Council of the City of Burlingame ordains as follows.-
Division
ollows:
Division 1. Factual Background
WHEREAS, the proposed zoning amendments would allow commercial recreation uses in the
Burlingame Avenue Commercial (BAC) District, limited to tenant spaces with frontages on Burlingame
Avenue between Primrose Road and EI Camino Real, through approval of a Conditional Use Permit
and established criteria; as reflected in the amendments to Title 25, Chapter 25.30, Code Section
25.32.030; and
WHEREAS, the proposed zoning amendments would add commercial recreation as a use that
is exempt from providing off-street parking if such use is located on the first floor and within the parking
sector of the Burlingame Downtown Specific Plan; as reflected in the amendments to Title 25, Chapter
25.70, Code Section 25.70.090; and
WHEREAS, the proposed amendments to the zoning code are considered minor alterations to
land use limitations, which are Categorically Exempt from environmental review pursuant to the
California Environmental Quality Act (CEQA), per Section 15305 of the CEQA Guidelines; and
WHEREAS, the City Council of the City of Burlingame on November 19, 2018 directed staff to
proceed with preparation of amendments to the land use restrictions allowing commercial recreation as
a Conditional Use in the BAC District; and
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
February 25, 2019, at which time it reviewed and considered the staff report and all other written
materials and testimony presented at said hearing and recommended to the City Council that it adopt
amendments to Title 25 (zoning code) of the Burlingame Municipal Code to amend the BAC District and
Off -Street Parking regulations to allow commercial recreation through approval of a Conditional Use
Permit; and
WHEREAS, said matters were heard by the City Council of the City of Burlingame on April 15,
2019, at which time it reviewed and considered the staff report and all other written materials and
testimony presented at said hearing and continued action on the item for further discussions regarding
requiring active retail uses at the front of the space and in what form it should be provided.
WHEREAS, said matters were heard by the City Council of the City of Burlingame on May 20,
2019, at which time it reviewed and considered the staff report and all other written materials and
testimony presented at said hearing and continued action on the item for further discussions regarding
allowing more flexibility in the application of the window treatment along the storefront, and that it
should be subject to review by Planning Division staff and Planning Commission as part of the
Conditional Use Permit.
WHEREAS, at its regular meeting of June 3, 2019, the Burlingame City Council introduced an
ordinance amending Title 25 (Zoning Code) - Code Sections 25.30.030 (Burlingame Avenue
Commercial District) and 25.70.090 (Off -Street Parking) of the Burlingame Municipal Code to amend
the BAC District and Off -Street Parking regulations to allow commercial recreation through approval of
a Conditional Use Permit.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME ORDAINS AS
FOLLOWS:
Division 2. Burlingame Municipal Code Sections 25.32.030 and 25.70.090 are amended and shall
be enacted as follows:
Chapter 25.32 BAC (BURLINGAME AVENUE COMMERCIAL) DISTRICT REGULATIONS
25.32.030 Conditional uses requiring a conditional use permit.
The following are conditional uses requiring a conditional use permit in the BAC District:
(a) Instructional classes incidental to retail or service use;
(b) Grocery stores and markets;
(c) Schools, above or below the first floor only, which operate outside of peak retail hours only;
(d) Above the first floor only:
(1) Real estate offices,
(2) Health services,
(3) Financial institutions;
(e) Public utility and public service buildings and facilities;
(f) Drive-in services or take-out services associated with permitted uses;
(g) Food establishments on certain sites, subject to the criteria established in Section 25.32.070;
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(h) Any building or structure which is more than thirty-five (35) feet in height, up to a maximum
building height of fifty-five (55) feet.
(i) Commercial recreation use, limited to tenant spaces with frontages on Burlingame Avenue
between Primrose Road and EI Camino Real, which meet all of the following criteria:
(1) Active visible uses including retail, waiting/reception or lounge areas associated with the
business, shall be provided along the business frontage abutting the sidewalk; and
(2) Clear storefront glass is preferred, however obscured glass and/or window treatments
are subject to review by the Planning Commission.
Chapter 25.70 OFF-STREET PARKING
25.70.090 Vehicle parking in the parking sector of the Burlingame Downtown Specific Plan.
Notwithstanding any other provision of this code, the following shall apply to vehicle parking
requirements in the parking sector of the Burlingame Downtown Specific Plan, as shown on the Parking
Sector Boundaries Map, Figure 3-3 of the Burlingame Downtown Specific Plan:
(a) Retail, personal service, food establishment, and commercial recreation uses located on the
first floor within the parking sector shall be exempt from providing off-street parking. Any other
uses on the first floor, and all uses above or below the first floor shall provide off-street parking
as required by this chapter.
(b) Any new development, except reconstruction because of catastrophe or natural disaster, shall
provide on-site parking, except that the first floor of such new development in the parking
sector shall be exempt from parking requirements if the first floor is used for retail, personal
service or food establishment uses.
(c) Buildings reconstructed after catastrophe or natural disaster shall be required to provide
parking only for the square footage over and above the square footage existing at the time of
the disaster. This parking shall be provided on-site.
Division 3: If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council declares that it would have adopted the Ordinance and each section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid.
Division 4: This Ordinance shall be published in a newspaper of general circulation in accordance
with California Government Code Section 36933, published, and circulated in the City of Burlingame,
and shall be in full force and effect thirty (30) days after its final passage.
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Donna Colson, Mayor
I, Meaghan Hassel -Shearer, City Clerk of the City of Burlingame, certify that the foregoing
ordinance was introduced at a public hearing at a regular meeting of the City Council held on the 3rd
day of June, 2019, and adopted thereafter at a regular meeting of the City Council held on the 17th day
of June, 2019, by the following vote:
AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE /
Meagha asset -Shearer, City Clerk
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