HomeMy WebLinkAboutOrd 1988
1
ORDINANCE NO. 1988
AN ORDINANCE OF THE CITY OF BURLINGAME
AMENDING CHAPTER 25.39 RRMU (NORTH ROLLINS ROAD MIXED USE) DISTRICT
REGULATIONS AND CHAPTER 25.40 NBMU (NORTH BURLINGAME MIXED USE)
DISTRICT REGULATIONS OF THE BURLINGAME MUNICIPAL CODE
WHEREAS, on January 7, 2019, the City Council adopted the Burlingame General Plan
(hereinafter “General Plan”) following the certification of a Final Environmental Impact Report
(hereinafter “EIR”) and adoption of findings and a Statement of Overriding Considerations
pursuant to the California Environmental Quality Act (CEQA); and
WHEREAS, pursuant to Government Code Section 65356, the General Plan was
adopted by resolution, and took effect on February 7, 2019; and
WHEREAS, to ensure consistency between the Zoning Ordinance (Title 25 of the
Municipal Code) and the General Plan, the City is required to update the Zoning Ordinance to
be consistent with the General Plan land use designations; and
WHEREAS, the North Rollins Road Mixed Use District (designated in the General Plan
as the “Live/Work” land use) and North Burlingame Mixed Use District (designated in the
General Plan as the “North Burlingame Mixed Use” land use) were identified in the General Plan
as “areas of change,” involving substantial changes to land use classifications and new policies
for development; and
WHEREAS, Government Code Section 65858 authorizes the City Council to protect the
public health, safety, and welfare by adopting an interim ordinance as an urgency measure to
allow development that is consistent with the land use classifications and policies for the North
Rollins Road Mixed Use District and North Burlingame Mixed Use District; and
WHEREAS, on January 7, 2019 the City Council found and declared that there was a
current and immediate threat to the public peace, health, welfare, and safety, specifically
including possible permanent damage to the City’s aesthetic, health and safety, and economic
interests arising from the potential gap in regulation between adoption of the General Plan and
the comprehensive update of the Zoning Ordinance with regards to the North Rollins Road
Mixed Use District and North Burlingame Mixed Use District; and
WHEREAS, on January 7, 2019, the City Council, pursuant to Government Code
Section 65858(a), imposed an interim urgency ordinance for forty-five (45) days, issuing interim
regulations for the North Rollins Road Mixed Use District and North Burlingame Mixed Use
District; and
WHEREAS, on February 19, 2019, the City Council enacted an ordinance to extend
interim development regulations for the North Rollins Road Mixed Use District and North
Burlingame Mixed Use District for a period of up to 22 months and 15 days; and
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WHEREAS, amendments to the interim regulations for the North Rollins Road Mixed
Use District and North Burlingame Mixed Use District are necessary to implement requirements
of the San Francisco International Airport (SFO) Airport Land Use Commission; and
WHEREAS, interim development regulations for the North Rollins Road Mixed Use
District and North Burlingame Mixed Use District may only remain in effect for a total of 24
months; and
WHEREAS, the City Council has directed City staff to continue to review the current
Zoning Ordinance (Title 25 of the Municipal Code) and prepare a comprehensive update for City
Council adoption in order to align with the guiding principles, goals, and policies of the General
Plan; and
WHEREAS, because the comprehensive update of the Zoning Ordinance is anticipated
to take approximately an additional six months to complete, permanent regulations for the North
Rollins Road Mixed Use District and North Burlingame Mixed Use District are needed to be
adopted prior to the maximum 24-month duration of the interim regulations being lapsed;
WHEREAS, said matters were heard by the Planning Commission of the City of
Burlingame on October 13, 2020, at which time it reviewed and considered the staff report and all
other written materials and testimony presented at said hearing, and recommended approval to
the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME ORDAINS AS
FOLLOWS:
SECTION 1. Burlingame Municipal Code Chapter 25.39 is repealed in its entirety and replaced
with the following:
25.39.010 Purpose and Applicability
A. The purpose of the North Rollins Road Mixed-Use Zone (RRMU) is to implement the General
Plan Live/Work land use designation by creating and sustaining a new neighborhood of
creative live/work units and developments, small-scale support commercial businesses, and
other employment uses within easy walking distance to the Millbrae multimodal transit station.
Long-established industrial uses are permitted to remain as conforming uses, provided they
comply with all applicable standards and operational conditions.
B. The provisions of this chapter shall apply to the areas in the city with the “Live/Work” land use
designation as shown on the Land Use Plan, Figure CC-1 of the Burlingame General Plan.
25.39.020 Land Use Regulations
A. Table 25.39-1 identifies the land use regulations for the RRMU zone. Any use not listed below
shall be prohibited, unless the Director finds that the proposed use is similar in characteristics
to allowed uses.
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TABLE 25.39-1: RRMU LAND USE
REGULATIONS
P Permitted
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use Permit Requirement Specific Use Regulations
COMMERCIAL - RETAIL
Eating and Drinking Establishments
• Bars, Taverns
• Night Club
• Restaurant
• Restaurant – Drive-through
MCUP
--
P
--
Food and Beverage Sales
• General Market
• Convenience Store
• Liquor Store
P
MCUP
--
Nurseries and Garden Centers --
Retail Sales
• General
• Large Format
• Specialized
P
--
CUP
No outdoor storage or sales
permitted in conjunction
with any permitted use,
except for permitted
temporary sales.
Vehicle Fuel Sales and Accessory
Service
--
Vehicle Sales
• Auto and Light Truck – New
• Auto and Light Truck – Used
• Heavy Equipment Sales and
Rental
--
--
--
COMMERCIAL – SERVICES AND RECREATION
Adult Entertainment Businesses --
Animal Care Services
• Boarding/Kennels
• Grooming
• Veterinarian
--
P
MCUP
Grooming - No overnight
animal stays permitted.
Banks and Financial Institutions P
Check Cashing and Pay Day Loan
Establishments
--
Commercial Recreation CUP
Day Care Centers CUP Commercial facilities
defined in accordance with
Health and Safety Code,
Section 1596.70, et. Seq.,
and licensed to serve 15 or
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TABLE 25.39-1: RRMU LAND USE
REGULATIONS
P Permitted
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use Permit Requirement Specific Use Regulations
more children not allowed.
Family day care homes and
noncommercial employer-
sponsored facilities
ancillary to place of
business allowed with a
CUP.
Food Preparation (catering) MCUP
Funeral Services and Cemeteries --
Office – Medical or Dental CUP Limited to 5,000 square
feet.
Office – Professional P Limited to 5,000 square
feet.
Personal Services – General P
Personal Services - Specialized CUP
Theaters
• Live
• Movie or similar
CUP
CUP
Vehicle Service, Repairs, and
Rentals
• Car Wash
• Major Repair/Body Work
• Minor Repair/Body Work
• Rental Facilities
--
--
--
--
EDUCATIONAL SERVICES
Class or School Uses CUP Public and private schools
serving preschool through
grade 12 not allowed.
Trade Schools --
INDUSTRIAL, MANUFACTURING, PROCESSING, WAREHOUSING, AND
WHOLESALING USES
Food Processing and Production CUP
Laboratories/Research and
Development
P CUP required if use entails
hazardous materials.
Biosafety Level 3 and 4
facilities not allowed.
Light Industrial MCUP
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TABLE 25.39-1: RRMU LAND USE
REGULATIONS
P Permitted
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use Permit Requirement Specific Use Regulations
Personal Storage CUP
Warehousing/Logistics CUP
Wholesaling A Accessory to a permitted
industrial or live/work use.
LODGING
Bed and Breakfast --
Emergency Shelters P Limited in size to 24 beds.
See also Section 25.44.045
(Additional Uses for
Properties in the Northern
Rollins Road Area).
Hostels --
Hotels and Motels --
PUBLIC AND QUASI-PUBLIC USES
Community Open Space P
Hospitals --
Medical Clinics CUP No 24-hour clinics.
Public Assembly Facilities CUP
Public Parks P
Places of Religious Assembly CUP
RESIDENTIAL USES
Live/Work P See Section 25.39.030.B.1.
Multi-Family Residential P
Residential Care Facilities -- Nursing homes not allowed.
Supportive and Transitional Housing P
MIXED USES
Mixed Use Developments P With individual specific
uses subject to land use
regulatory requirements set
forth in this Table 25.39-1.
TRANSPORTATION AND UTILITIES
Air courier, delivery, or other
transshipment services
--
Parking facilities, including parking
garages
A
Transit Facilities --
Utilities MCUP
Vehicle Storage --
DRAINAGE RIGHTS-OF-WAYS
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TABLE 25.39-1: RRMU LAND USE
REGULATIONS
P Permitted
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use Permit Requirement Specific Use Regulations
Publicly Owned and Operated
Drainage Facilities and
Improvements
P
Privately Owned and Operated
Electric Transmission Lines
P
Supplemental Parking for Permitted
or Conditional Uses in the District
CUP
Storage of Operable Vehicles CUP a) Vehicles must be in
operable condition and
must be managed at all
times by a single,
responsible person with
access to the keys for all
vehicles.
b) Vehicles shall be moved
by appointment only and
shall not be moved
during a.m. and p.m.
peak hour traffic periods
as defined by the city
engineer.
c) Site size must be a
minimum of .7 acres.
d) Site must have approved
access to a public street.
e) No customers shall visit
the site.
Storage of Recreational Vehicles
and Boats
CUP Vehicles shall not be
moved during a.m. and
p.m. peak hour traffic
periods as defined by the
city traffic engineer.
Outdoor Storage CUP Must be related to
immediately abutting uses
which are permitted or
conditional in the district.
Fencing CUP
Uses Similar in Nature to Those
Allowed in This Section
CUP Must have frontage on a
public street and which
proposed use and siting
meets all the requirements
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TABLE 25.39-1: RRMU LAND USE
REGULATIONS
P Permitted
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use Permit Requirement Specific Use Regulations
established by the city
engineer.
Long Term Airport Parking --
SPECIFIC AND TEMPORARY USES
Outdoor Temporary and Seasonal
Sales
TUP
Temporary Uses TUP
Outdoor Dining A
Note:
Uses must comply with Safety Compatibility Policies SP-1 through SP-3 of the
Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco
International Airport including Noise/Land Use Compatibility and Safety Compatibility Criteria
listed in Tables IV-1 and IV-2. Some uses listed above may be incompatible in safety zones.
The North Rollins Road Mixed Use Zone is entirely within Safety Compatibility Zone 3 – Inner
Turning Zone.
B. Maximum Retail Sales Building Size. No retail sales establishment shall exceed 15,000
square feet of gross floor area. An applicant may request a retail sales building larger than
15,000 square feet, but in no case larger than 30,000 square feet, through the Conditional
Use Permit process.
C. Stand-alone Residential, Commercial, and Light Industrial Uses. Stand-alone
commercial, residential, and light industrial developments are permitted.
D. Limitations on Use. The following uses and activities shall be prohibited:
1. New manufacturing and industrial uses except those specifically allowed in Table 25.39-
1, except nonconforming uses as allowed in subsection 25.39.020.F.
2. Vehicle/equipment repair (e.g., body or mechanical work, including boats and recreational
vehicles, vehicle detailing and painting, upholstery, or any similar use).
3. In any residential or live/work unit, storage of flammable liquids or hazardous materials
beyond that normally associated with a residential use.
4. Any other activity or use, as determined by the Community Development Director, to be
incompatible with residential activities and/or to have the possibility of affecting the health
or safety of residents due to the potential for the use to create dust, glare, heat, noise,
noxious gases, odor, smoke, traffic, vibration, or other impacts, or would be hazardous
because of materials, processes, products, or wastes.
E. Nonconforming Industrial Uses.
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1. General. The purpose of this subsection is to recognize and allow for the continued use
of industrial activities that become nonconforming with the adoption of this Chapter.
Except as provided in this subsection, the nonconforming use regulations set forth in
Chapter 25.50 (Nonconforming Uses and Structures) shall apply.
2. Discontinuance of nonconforming uses. If a nonconforming use of a lot, building, or
structure is discontinued for a continuous period exceeding three years, the right to
continue the nonconforming use shall expire.
3. Allowed expansion of nonconforming industrial uses. Expansion of a legally
established nonconforming industrial use is permitted on the same site with the issuance
of a Conditional Use Permit.
4. Change from a nonconforming industrial use to another nonconforming industrial
use. The Community Development Director may authorize a change from a legally
established nonconforming industrial use to another nonconforming industrial use upon
making the finding that the new use is similar in character to the existing nonconforming
use and does not have the potential to result in adverse impacts on surrounding uses.
25.39.030 Development Standards
A. Development Standards Generally; Calculation of FAR and Density.
1. Development projects shall comply with the development standards set forth in Table
25.39-2 (RRMU Development Standards). The floor area ratio (FAR) standards shall apply
to the non-residential component on a development on a site; the density standards shall
apply to any residential component. The non-residential (FAR) and residential (density)
components may be additive.
2. A developer may elect to develop consistent with either Tier 1, Tier 2, or Tier 3
development standards for live/work and any other non-industrial or non-institutional
development. Projects using Tiers 2 or 3 standards shall provide community benefits
pursuant to subparagraph 25.39.030.C, below.
TABLE 25.39-2
RRMU DEVELOPMENT STANDARDS
Development
Standards
Live/Work, Residential, Mixed Use and
Commercial Development
Industrial
and
Institutional
Developme
nt
Additional
Regulations Base
Standard
(Tier 1)
Increased
Intensity
(Tier 2)
Maximum
Intensity
(Tier 3)
a. Density –
Maximum
(applies to
residential
component)
30 du/ac 50 du/ac 70 du/ac N/A Tiers 2 and 3
must provide
community
benefits per
subparagraph
C below.
b. Floor Area
Ratio –
Maximum
(applies to non-
residential
component) 1
0.50
0.75
1.0
1.02
Tiers 2 and 3
must provide
community
benefits per
subparagraph
C below.
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TABLE 25.39-2
RRMU DEVELOPMENT STANDARDS
Development
Standards
Live/Work, Residential, Mixed Use and
Commercial Development
Industrial
and
Institutional
Developme
nt
Additional
Regulations Base
Standard
(Tier 1)
Increased
Intensity
(Tier 2)
Maximum
Intensity
(Tier 3)
c. Height4
3 stories/40 ft.
maximum
5 stories/55
ft. maximum
7 stories/80
ft. maximum
50 ft. Tiers 2 and 3
must provide
community
benefits per
subparagraph
C below.
d. Setbacks
• Front:
Mixed-Use
Arterial
(Rollins
Road)
0 - 15 ft. 0 - 15 ft. 0 – 15 ft. 20 ft. Subject to
streetscape
frontage
standards in
Table 25.39-3
• Front: All
other streets
12 ft. from
edge of curb
12 ft. from
edge of curb
15 ft. from
edge of curb
15 ft. from
edge of curb
Subject to
streetscape
frontage
standards in
Table 25.39-3
• Side –
Interior
10 ft. 10 ft. 10 ft. 0 ft.
adjacent
to
industrial
use/20 ft.
adjacent
to all
other
uses
Setbacks for
industrial uses
apply only to
new
construction;
established
industrial uses
shall be
considered
conforming
with regard to
required
setbacks.
• Side –
Street
10 ft. 10 ft. 10 ft. 10 ft. Subject to
streetscape
frontage
standards in
Table 25.39-3
• Rear 20 ft. 20 ft. 20 ft. 0 ft. adjacent
to industrial
use/20 ft.
adjacent to
all other
uses
Setbacks for
industrial uses
apply only to
new
construction;
established
industrial uses
shall be
considered
conforming
with regard to
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TABLE 25.39-2
RRMU DEVELOPMENT STANDARDS
Development
Standards
Live/Work, Residential, Mixed Use and
Commercial Development
Industrial
and
Institutional
Developme
nt
Additional
Regulations Base
Standard
(Tier 1)
Increased
Intensity
(Tier 2)
Maximum
Intensity
(Tier 3)
required
setbacks.
• Alley 5 ft. 5 ft. 5 ft. 10 ft. If alley is used
for direct
access to a
garage,
setback shall
be 20 ft. to
allow vehicle
access.
e. Edge
condition
between
industrial and
residential use
See Section 25.39.030.B.4.
f. Lot Dimensions – Minimum
• Size • Mixed use
developmen
t: 10,000 sf
• Residential
subdivision:
3,500 sf
• Mixed use
developme
nt: 10,000
sf
• Residential
subdivision
: 3,500 sf
• Mixed use
developm
ent:
10,000 sf
• Residentia
l
subdivisio
n: 3,500 sf
10,000 sf
• Width at
street
frontage
• Mixed use
developmen
t: 100 ft.
• Residential
subdivision:
40 ft.
• Mixed use
developme
nt: 100 ft.
• Residential
subdivision
: 40 ft.
• Mixed use
developm
ent: 100 ft.
• Residentia
l
subdivisio
n: 40 ft.
50 ft.
g. Lot
Coverage –
Maximum3
60% 60% 60% 70%
h. Open Space
for residential
units per unit –
Minimum
• Live/work
units: 100 sf
• Multifamily
housing or
mixed use:
125 sf
• Open space
may be
either
private,
• Live/work
units: 100
sf
• Multifamily
housing or
mixed use:
125 sf
• Open
space may
be either
• Live/work
units: 100
sf
• Multifamily
housing or
mixed use:
125 sf
• Open
space may
be either
N/A Minimum
dimensions of
open space:
• Private: 5 ft.
deep, 8 ft.
wide
• Common: 15
ft. in any
direction
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TABLE 25.39-2
RRMU DEVELOPMENT STANDARDS
Development
Standards
Live/Work, Residential, Mixed Use and
Commercial Development
Industrial
and
Institutional
Developme
nt
Additional
Regulations Base
Standard
(Tier 1)
Increased
Intensity
(Tier 2)
Maximum
Intensity
(Tier 3)
common, or
include both
private,
common,
or include
both
private,
common,
or include
both
Any required
pedestrian
plaza/public
space, as set
forth in
subsection
B.3, below,
may count
toward up to
50% of the
common open
space.
i. Percent
landscape
coverage -
Minimum
15% 20% 20% 15%
Notes:
1 Above-ground parking structures shall be exempt from Floor Area Ratio (FAR) calculations.
2 FAR of Industrial, Manufacturing, Processing, Warehousing, and Wholesale uses may be
increased to 1.5 with a Conditional Use Permit.
3 Lot coverage may be increased if additional useable common open space equivalent to the
additional lot coverage (in square feet) is provided on a podium-level landscaped courtyard or
plaza.
4 Maximum building heights are also required to comply with Airspace Protection Policies AP-1
through AP-4 of the Comprehensive Airport Land Use Compatibility Plan for the Environs of
San Francisco International Airport (ALUCP). This includes determining the need to file Form
7460-1, Notice of Proposed Construction or Alteration, with the FAA for any proposed project
that would exceed the FAA notification heights, as shown approximately on ALUCP Exhibit IV-
10 and complying with FAA Aeronautical Study Findings. It also includes complying with the
maximum compatible building height, which includes all parapets, elevator overruns, etc. of a
building, as noted in ALUCP policy AP-3 and depicted in Exhibits IV-17 and IV-18 of the
ALUCP.
B. Additional Regulations.
1. Live/Work Standards.
a. Purpose and Applicability. The provisions in this section shall apply to live/work
units.
b. Intent. The development standards of this section are intended to facilitate the creation
of new, adaptable live/work units in a manner that preserves the surrounding industrial
and artistic character, supports enhanced street level activity, maintains a consistent
urban streetwall, and orients buildings and pedestrians toward public streets.
Live/work Units are intended to be designed with adequate workspace, higher ceilings,
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larger doors, sufficient natural light, open floor plans, and equipped with non-
residential finishes and features that support arts and production activities.
c. Density/Floor Area Allocation. Live/work units consistent with the provisions of this
section may be apportioned from either the Residential (as specified by Density
standards in Table 25.39-2) and/or Nonresidential (as specified by Floor Area
Ratio/FAR standards in Table 25.39-2) allocations for a property.
d. Limitations on Use. The nonresidential component of a live/work unit shall be limited
in use to those uses set forth in Table 25.39-1 (RRMU Land Use Regulations).
Nonresidential/work is not required; however, each unit shall be designed to be
adaptable and facilitate work activities per the provisions in this section.
e. Floor Area Requirement. A live/work unit shall have a minimum floor area of at least
750 square feet. At least 150 square feet of a live/work unit shall be designated as
suitable for workspace, and measure not less than 15 feet in at least one dimension
and no less than 10 feet in any dimension. The area suitable for workspace for each
unit shall be clearly demarcated on approved building plans.
f. Separation of and Access to Individual Units. Access to each individual live/work
unit shall be provided from shop fronts, directly from the sidewalk parallel to the
primary or secondary street, or from common access areas, corridors, or halls. The
access to each unit shall be clearly separate from other live/work units or other uses
within the building.
g. Location of Living Space – Ground Floor Units. Ground floor live/work units shall
designate the front 20 feet of the unit as area suitable for workspace, in order to
maintain activity and commercial access along the frontage. Dedicated living space
may be located in the rear portion of the ground level, provided the front 20 feet of the
unit is designated as suitable for work.
h. Ceiling Height. Ground floor live/work units shall have floor to ceiling height of 15 feet
or greater, measured from top of floor to bottom of ceiling. Upper floor live/work units
shall have floor to ceiling height of 10 feet or greater. A mezzanine space shall not be
included in the calculation of minimum height for any floor or level.
i. Integration of Living and Working Space. Areas within a live/work unit that are
designated as living space shall be an integral part of the live/work unit and not
separated (or occupied and/or rented separately) from the area designated for
workspace.
j. Client and Customer Visits. Client and customer visits to live/work units are
permitted.
2. Pedestrian Plaza/Public Space. Where total lot area or development site equals
50,000 square feet or greater, a pedestrian plaza or other public open space/gathering
space shall be provided that meets the following design criteria:
a. Is a minimum of 1,500 square feet in size;
b. Has a minimum dimension at least 30 feet on any side;
c. Is at least 50 percent open to the sky;
d. Is located at ground level with direct pedestrian and ADA access to the adjacent
public street;
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e. Is unenclosed by any wall, fence, gate, or other obstruction across the subject
property;
f. Is open to the public, without charge, each day of the year, except for temporary
closures for necessary maintenance or public safety; and
g. Includes at least one gathering space with a fountain or other focal element.
3. Mid-Block Plazas and Paseos. Where blocks (measured from curb face to curb face)
are longer than 400 feet, and where a development has more than 300 feet of frontage,
at least one plaza, pedestrian pathway or paseo shall be provided perpendicular to the
block face. All such plazas shall meet the design criteria outlined in 25.39.030.B.2. All
such paseos shall meet the following design criteria:
a. Be open to the public and remain so during daylight hours;
b. Be at least 15’ wide, and 15’ deep if a plaza;
c. Have a clear line of sight to the back of the paseo, gathering place, or focal element;
and
d. Be at least 50% open to the sky or covered with a transparent material.
4. Industrial/Residential Interface. Any live/work unit or other residential unit on a site
abutting an industrial use on an adjoining site shall be set back a minimum of 15 feet
from the lot line shared by the property with the industrial use. A minimum six-foot-high
masonry wall or other buffering feature suitable to the review authority shall be provided
along the shared property line.
5. Residential Notice. Residents of new live/work, mixed-use, and stand-alone residential
development projects, whether owners or tenants, shall be notified in writing before taking
up residence that they will be living in an urban-type environment, that the noise levels
may be higher than in a strictly residential area, and that there may be odors associated
with commercial and industrial uses. The covenants, conditions, and restrictions of any
development with a residential use shall require that prospective residents acknowledge
the receipt of the written noise notification. Such written noise notification shall be
provided in residential leases. Signatures shall confirm receipt and understanding of this
information.
C. Community Benefit Bonuses – Tiers for Increased FAR, Density, and Height.
1. Purpose and Applicability. To provide an incentive for development, and in partnership
with the City to provide community benefits that would not otherwise be created, the
Planning Commission may grant increased FAR, density, and/or height in return for
provision of specific community benefits, as listed below or subsequently identified by the
City Council, if doing so is in the City’s interest and will help implement the General Plan
and further, if these benefits cannot be realized without granting increased FAR, height,
and/or density. A variety of objectives are listed to ensure that proposed project features
are appropriate for the site and surroundings, and to allow for a wide range of possible
project types.
2. Tier 2 – Number of Community Benefits. The Planning Commission may approve Tier
2 projects if it determines that the project includes at least two community benefits from
subsection 4 of this Section (Community Benefits Objectives). At least one affordable and
workforce housing objective from 4.a shall be chosen.
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3. Tier 3 – Number of Community Benefits. The Planning Commission may approve Tier
3 projects if it determines that the project includes at least three community benefits from
subsection 4 of this Section (Community Benefits Objectives). At least one affordable and
workforce housing objective from 4.a shall be chosen.
4. Community Benefit Objectives.
a. Affordable and Workforce Housing.
i. The project provides affordable housing at the rate of five percent for low-income
households, or 10 percent for moderate-income households, as a percentage of
the total number of housing units built, for a period of 55 years or greater.
ii. The project qualifies for, and utilizes, a density bonus in compliance with the City’s
affordable housing incentives (Chapter 25.63).
b. Pedestrian Amenities. The project includes major pedestrian connections in excess
of minimum paseo requirements.
c. Public Plazas Beyond Minimum. Public plazas or other publicly accessible open
spaces at least 50 percent larger than the minimum required. Where provided, such
public plazas and open spaces shall be subject to the following:
i. The public plaza shall be owned, operated, and maintained by the developer or
property manager in accordance with an approved maintenance plan to be
reviewed and approved by the Community Development Director;
ii. Each part of the public plaza shall be accessible from other parts of the open
space without leaving the open space area;
iii. The public plaza shall be on the ground level and directly accessible from the
sidewalk, and be accessible to persons with disabilities;
iv. The public plaza shall be open to the public, without charge, each day of the year,
except for temporary closures for necessary maintenance or public safety; and
v. At a minimum, the following elements shall be included: trees and landscaping,
seating, bicycle racks, trash and recycling receptacles, and signage that include
hours of operation.
d. Off-Site Streetscape Improvements. Does not include improvements along the
frontage of a development site that would normally be required. Examples include:
i. Enhanced pedestrian and bicycle-oriented streetscapes;
ii. Protected bicycle lanes and pedestrian pathways, improved bicycle and
pedestrian crossings/signals, bicycle racks/shelters;
iii. New pedestrian and bicycle connections to transit facilities, neighborhoods, trails,
commercial areas, etc.;
iv. Removal of existing pedestrian and bicycle barriers (e.g. dead-ends and cul-de-
sacs);
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v. Upgrading traffic signals to enhance pedestrian and bicycle safety.
e. Cultural Arts Space. Includes space for visual arts, performing arts, artist housing,
and other activities that support arts and culture.
f. Pedestrian and Similar Paths and Connections between Adjacent Properties. To
effectuate the goal of creating walkable and bikeable environments, improved
pedestrian ways and other paths open to the public that accommodate easy movement
across and between properties under separate ownership.
g. Historic Preservation (Off-Site). Where there are no historic resources on the
project site, the project provides for the permanent preservation of a building off site
that is listed in the City’s inventory of historical resources through the recordation of a
historic preservation agreement.
h. Mode Split. The project provides for a permanent mobility mode shift towards
alternative transportation of up to 25 percent for building occupants through a
Transportation Demand Management Program. Prior to the issuance of building
permits, a covenant agreement shall be recorded that discloses the required
Transportation Demand Management provisions. This agreement shall be recorded in
the office of the County Recorder to provide constructive notice to all future owners of
the property of any ongoing programmatic requirements.
i. Zero Net Energy. The project provides 100 percent of total building energy load
measured as kilowatt per square foot through solar panels, wind turbines, or other
renewable sources.
j. Publicly Accessible Park Space. Contribution towards the provision of public parks
in the North Rollins Road area. Contribution can be in the form of dedication of land,
provisions of improvements, or payment of fee in excess of that normally required for
parks.
k. Public Parking Facilities. The project provides publicly accessible parking to serve
area-wide parking needs. To qualify, the parking spaces should be permanently
available for public use and subject to easements or restrictions acceptable to the City.
l. Flexible (Miscellaneous) Benefit. The applicant agrees to provide a currently
undefined community benefit approved by the City Council that is significant and
substantially beyond normal requirements. Examples are inclusion of a child care
center or community event space in a new development project, off-site utility
infrastructure improvements above and beyond those required to serve the
development, additional funding for City programs such as contribution to a local
façade improvement program, or subsidy for existing commercial tenants or other local
small businesses.
25.39.040 Design Standards and Objective Design Criteria.
A. Design Standards. All new development shall be designed to achieve the following
objectives:
1. The overall design intent of the RRMU zone is to provide for an eclectic mix of residential,
live/work, commercial, and light industrial development that has an industrial and
contemporary look in terms of materials used, architectural styles, and building forms.
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2. Site and building design shall provide for internal compatibility among the different uses in
terms of noise, hours of operation, vehicle and pedestrian circulation, access, use of open
space, and similar operating characteristics.
3. Potential noise, odors, glare, pedestrian traffic, and other potentially significant impacts on
residents shall be minimized to allow a compatible mix of residential and nonresidential
uses on the same site.
4. The design of any live/work or mixed-use project shall take into consideration potential
impacts on adjacent properties and shall include specific design features to minimize
potential impacts.
5. The design of the mixed-use project shall ensure that the residential units are of a
residential character and that privacy between residential units and between other uses
on the site is maximized.
6. The design of the structures and site planning shall encourage integration of the street
pedestrian environment with the nonresidential uses through the use of plazas,
courtyards, walkways, and street furniture.
7. Site planning and building design shall be compatible with and enhance the adjacent and
surrounding built environment in terms of scale, building design, color, exterior materials,
roof styles, lighting, landscaping, and signage.
B. Building Orientation, Entrances, and Articulation.
1. Building Design. Recognizing the varied commercial and industrial character of the area,
new development and redevelopment projects should be encouraged to feature a blend
of both commercial and residential design features, including modern, industrial type
building design.
2. Orientation. The main building of a development shall be oriented to face a public street.
Building frontages shall be generally parallel to streets. For all residential, retail, and office
uses, at least one primary entrance to a ground-floor use shall face the adjacent street
right-of-way. Ground-related entrances include entrances to ground-floor uses.
3. Ground Floor Transparency. At least 45 percent of the exterior walls on the ground floor
facing the street shall include windows, doors, or other openings.
4. Nonresidential Entrances. Entries shall be clearly defined features of front façades and
of a scale that is in proportion to the size of the building and number of units being
accessed. Larger buildings shall have a more prominent building entrance while
maintaining a pedestrian scale.
5. Transitional Space at Residential Entries. New residential buildings shall provide
transitional spaces in the form of stoops, overhangs, and porches between public areas
fronting the primary street and entrances. This type of element or equivalent shall be
required for each unit or group of units, but no less than one of this type of element shall
be provided.
6. Building Articulation. Except for buildings housing industrial uses, no street frontage wall
may run in a continuous plane for more than 25 feet without an opening (door or window)
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or offsets, or as approved by the review authority if the project is constrained by unusual
parcel size, shape, use, or other features that the responsible review authority accepts as
rendering this requirement infeasible. Openings fulfilling this requirement shall have
transparent glazing and provide views into work areas, display areas, sales areas, lobbies,
or similar active spaces. Offsets shall vary in depth and/or direction of at least 18 inches,
or a repeated pattern of offsets, recesses, or projections of similar depth.
7. Structured Parking. Structured parking facing public streets should be fronted or
wrapped with actively occupied spaces such as storefronts, live/work units, residential
community amenities, and lobbies. Access to parking shall be designed so that it is not
prominent and ties into the adjacent architectural style.
C. Site Layout
1. Streetscape. Street frontages shall meet the standards set forth in Table 25.39-3 (RRMU
Street Frontage Standards).
TABLE 25.39-3: RRMU STREET FRONTAGE STANDARDS
Street Type Frontage – Measured from Back of Curb to
Building Face
Mixed-Use Arterial
(Rollins Road)
Building Frontage
Setback
15 ft. minimum
Walk Zone (Public) 10 ft. minimum
Amenity/Planter Zone 5 ft. minimum
Tree Wells 5 ft. by 5 ft. minimum
Mixed-Use Collector
(Adrian Road)
Building Frontage
Setback
12 feet
Walk Zone (Public) 6 ft. minimum
Amenity/Planter Zone 5 ft. minimum
Tree Wells 5 ft. by 5 ft. min
Mixed-Use Access
(Adrian Court,
Broderick Road,
Guittard Road, Ingold
Road)
Building Frontage
Setback
10 feet
Walk Zone (Public) 6 ft. minimum
Amenity/Planter Zone 4 ft. minimum
Tree Wells 4 ft. by 4 ft. minimum
Build-To Lines At least sixty (60) percent of the structure shall
be located at the Building Frontage Setback.
Exceptions Exceptions to Building Frontage Standards may
be granted to accommodate conflicts with
recorded easements, rights-of-ways, etc.
2. Pedestrian Access. On-site pedestrian circulation and access shall be provided per the
following standards:
a. Internal Connections. A system of pedestrian walkways shall connect all buildings
on a site to each other, to on-site automobile and bicycle parking areas, and to any
on-site open space areas or pedestrian amenities.
b. To Circulation Network. Regular and convenient connections between on-site
walkways and the public sidewalk and other existing or planned pedestrian routes,
such as safe routes to school, shall be provided. An on-site walkway shall connect the
primary building entry or entries to a public sidewalk on each street frontage.
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c. To Adjacent Areas. Direct and convenient access shall be provided among adjoining
residential and commercial areas and along creeks to the maximum extent feasible
while still providing for safety and security. Public access easements minimum 10 feet
in width shall be provided to allow for future connections.
d. To Transit. Safe and convenient pedestrian connections shall be provided from
adjacent transit stops to building entrances.
3. Location of Parking. Any surface parking facilities shall be located to the side or rear of
any proposed project. No more than 33 percent of the site area at the ground level may
be used for surface parking facilities.
4. Service and Delivery Areas. Unenclosed service and loading areas shall be screened
from residential areas and integrated with the design of the building. Special attention shall
be given when designing loading facilities in a location that is proximate to residential uses.
Techniques such as block walls, enhanced setbacks, or enclosed loading shall be used
to minimize adverse impacts to residents.
25.39.050 Parking
A. Off-Street Vehicle Parking. Parking shall be provided as set forth in Chapter 25.70 (Off-
Street Parking), with the following exceptions for live/work units, stand-alone residential
development, and the residential component of a mixed-use development:
TABLE 25.39-4: RRMU OFF-STREET VEHICLE
PARKING
Number of Bedrooms in
a Unit
Minimum Number of
Parking Spaces Required
0 (Studio or Loft) 1 space/unit
1 1 space/unit
2 1.5 spaces/unit for
multifamily housing;
2 spaces/unit for live/work
3 or more 2 spaces/unit
Guest parking None required
B. Vehicle Parking Stall Dimensions. All parking stalls may be provided in a single dimension,
eight and one-half feet in width by 17 feet in length, except for required accessible parking
spaces which shall meet the dimensions required in the California Building Code in effect at
the time a project is submitted for City review. No compact parking stalls shall be allowed if
only a single dimension stall is used.
C. Aisle Dimensions. All aisles within a parking area shall be as follows:
TABLE 25.39-5: RRMU PARKING AISLE
DIMENSIONS
Parking Space Angle Required Backup Aisle
90 degree 24 feet
60 degree 18 feet
30 degree 13 feet
D. Stacked/Mechanical Parking. Parking utilizing stackers or mechanical systems may be
approved with a Conditional Use Permit.
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E. Bicycle Parking. Bicycle parking shall be provided as follows:
TABLE 25.39-6: RRMU BICYCLE PARKING
Class Minimum Number of
Parking Spaces Required
Class I – Resident bicycles 0.5 spaces/unit
Class II – Guest bicycles 0.05 spaces/unit
F. Electric Vehicle (EV) Charging Stalls. 5 percent of all spaces shall be prepared for EV
charging equipment.
G. Parking Reductions for Transportation Demand Management (TDM) Plan. Projects
utilizing a Transportation Demand Management (TDM) Plan per Section 25.39.030.C.4.h.
shall be allowed up to 20 percent reduction in required off-street vehicle parking (not including
bicycle parking and EV stalls) provided the project provides for a permanent mobility mode
shift towards alternative transportation of 25 percent or greater for building occupants through
the TDM program.
25.39.060 Review Procedures
A. Design Review Required. Design review is required pursuant to Chapter 25.57 (Design
Review).
B. Planning Commission Approval of Community Benefits Bonuses. The Planning
Commission shall be the final review authority for an application for Tier 2 and Tier 3 projects.
25.39.070 Comprehensive Airport Land Use Compatibility Plan Consistency. The
following requirements and criteria shall be incorporated into site-specific development projects:
A. Airport Disclosure Notices. All new development is required to comply with the real estate
disclosure requirements of state law. The following statement must be included in the notice
of intention to offer the property for sale:
“Notice of Airport in Vicinity
This property is presently located in the vicinity of an airport, within what is known as an airport
influence area. For that reason, the property may be subject to some of the annoyances or
inconveniences associated with proximity to airport operations (for example: noise, vibration,
or odors). Individual sensitivities to those annoyances can vary from person to person. You
may wish to consider what airport annoyances, if any, are associated with the property before
you complete your purchase and determine whether they are acceptable to you.”
B. Airport Noise Evaluation and Mitigation. Project applicants shall be required to evaluate
potential airport noise impacts if the project is located within the 65 CNEL contour line of San
Francisco International Airport (as mapped in the Airport Land Use Compatibility Plan for the
Environs of San Francisco International Airport). All projects shall be required to mitigate
impacts to comply with the interior (CNEL 45 dB or lower, unless otherwise stated) and
exterior noise standards established by the Airport Land Use Compatibility Plan or Burlingame
General Plan, whichever is more restrictive.
C. Avigation Easement. Any action that would either permit or result in the development or
construction of a land use considered to be conditionally compatible with aircraft noise of
CNEL 65 dB or greater (as mapped in the Airport Land Use Compatibility Plan) shall include
the grant of an avigation easement to the City and County of San Francisco prior to issuance
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of a building permit(s) for any proposed buildings or structures, consistent with Airport Land
Use Compatibility Plan Policy NP-3 Grant of Avigation Easement.
D. Other Flight Hazards. Within Airport Influence Area (AIA) B, certain land use characteristics
are recognized as hazards to air navigation and, per SFO ALUCP Policy AP-4, need to be
evaluated to ensure compatibility with FAA rules and regulations. These characteristics
include the following:
1. Sources of glare, such as highly reflective buildings, building features, or blight lights
including search lights, or laser displays, which would interfere with the vision of pilots
in command of an aircraft in flight
2. Distracting lights that could be mistaken for airport identification lightings, runway edge
lighting, runway end identification lighting, or runway approach lighting
3. Sources of dust, smoke, water vapor, or steam that may impair the visibility of a pilot
in command of and aircraft in flight
4. Sources of electrical/electronic interference with aircraft communications/navigation
equipment
5. Any use that creates an increased attraction for wildlife, particularly large flocks of
birds, that is inconsistent with FAA rules and regulations, including but not limited to
FAA Order 5200.5A, Waste Disposal Site On or Near Airports and FAA Advisory
Circular 150/5200-33B, Hazardous Wildlife Attractants On or Near Airports and any
successor or replacement orders or advisory circulars.
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SECTION 2. Burlingame Municipal Code Chapter 25.40 is repealed in its entirety and replaced
with the following:
25.40.010 Purpose and Applicability
A. The purpose of the North Burlingame Mixed-Use (NBMU) zone is to implement the General
Plan North Burlingame Mixed Use designation by providing a distinct, defining area at the
City’s north gateway on El Camino Real, with housing and complementary commercial and
office uses at urban-level intensities, and that takes advantage of the adjacent multimodal
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transit center. This transit-oriented development district accommodates housing at
progressively higher densities based on the level of community benefits provided, with the
goal of ensuring that new development adds value for all in the City.
B. The provisions of this chapter shall apply to the areas in the city with the “North Burlingame
Mixed Use” land use designation as shown on the Land Use Plan, Figure CC-1 of the
Burlingame General Plan.
25.40.020 Land Use Regulations
A. Table 25.40-1 identifies the land use regulations for the NBMU zone. Any use not listed
below shall be prohibited, unless the Director finds that the proposed use is similar in
characteristics to allowed uses.
B. Stand-alone commercial and residential developments are permitted.
TABLE 25.40-1: NBMU LAND USE
REGULATIONS
P Permitted
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use Permit Requirement Specific Use Regulations
COMMERCIAL - RETAIL
Eating and Drinking Establishments
• Bars, Taverns
• Night Club
• Restaurant
• Restaurant – Drive-through
MCUP
CUP
P
--
Food and Beverage Sales
• General Market
• Convenience Store
• Liquor Store
P
CUP
--
Nurseries and Garden Centers --
Retail Sales
• General
• Large Format
• Specialized
P
--
CUP
Vehicle Fuel Sales and Service CUP
Vehicle Sales
• Auto and Light Truck – New
• Auto and Light Truck – Used
• Heavy Equipment Sales and
Rental
--
--
--
--
COMMERCIAL – SERVICES AND RECREATION
Adult Entertainment Businesses --
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TABLE 25.40-1: NBMU LAND USE
REGULATIONS
P Permitted
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use Permit Requirement Specific Use Regulations
Animal Care Services
• Boarding/Kennels
• Grooming
• Veterinarian
--
P
MCUP
Grooming - No overnight
animal stays permitted.
Banks and Financial Institutions P
Check Cashing and Pay Day Loan
Establishments
--
Commercial Recreation CUP
Day Care Centers CUP SFO Safety Compatibility
Zone 3: Commercial
facilities defined in
accordance with Health and
Safety Code, Section
1596.70, et. Seq., and
licensed to serve 15 or
more children not allowed.
Family day care homes and
noncommercial employer-
sponsored facilities
ancillary to place of
business allowed with a
CUP.
SFO Safety Compatibility
Zone 2: Commercial
facilities defined in
accordance with Health and
Safety Code, Section
1596.70, et. Seq., and
licensed to serve 15 or
more children not allowed.
Family day care homes and
noncommercial employer-
sponsored facilities
ancillary to place of
business not allowed.
Food Preparation (catering) MCUP
Funeral Services and Cemeteries --
Office – Medical or Dental P
Office – Professional P
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TABLE 25.40-1: NBMU LAND USE
REGULATIONS
P Permitted
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use Permit Requirement Specific Use Regulations
Personal Services – General P
Personal Services - Specialized CUP
Light Research/Development and
Laboratories
P SFO Safety Compatibility
Zone 3: CUP required if
use entails hazardous
materials. Biosafety Level 3
and 4 facilities not allowed.
SFO Safety Compatibility
Zone 2: Not allowed if use
entails hazardous
materials.
Theaters
• Live
• Movie or similar
CUP
CUP
SFO Safety Compatibility
Zone 2: Facilities seating
more than 300 people not
allowed.
Vehicle Service, Repairs, and
Rentals
• Car Wash
• Major Repair/Body Work
• Minor Repair/Body Work
• Rental Facilities
--
--
--
A
EDUCATIONAL SERVICES
Class or School Uses CUP Public and private schools
serving preschool through
grade 12 not allowed.
Trade Schools --
LODGING
Bed and Breakfast --
Emergency Shelters --
Hostels --
Hotels and Motels CUP
PUBLIC AND QUASI-PUBLIC USES
Community Open Space P
Hospitals and Clinics CUP
Public Assembly Facilities --
Public Parks P
Places of Religious Assembly CUP SFO Safety Compatibility
Zone 2: Facilities seating
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TABLE 25.40-1: NBMU LAND USE
REGULATIONS
P Permitted
CUP Conditional Use
Permit
MCUP Minor
Conditional Use
Permit
TUP Temporary Use
Permit
A Accessory Use
-- Not Permitted
Land Use Permit Requirement Specific Use Regulations
more than 300 people not
allowed.
RESIDENTIAL USES
Multi-Family Residential P
Residential Care Facilities CUP Nursing homes not allowed.
Supportive and Transitional Housing P
MIXED USES
Mixed Use Developments P With individual specific
uses subject to land use
regulatory requirements set
forth in this table.
TRANSPORTATION AND UTILITIES
Parking facilities, including parking
garages
--
Transit Facilities CUP
Utilities MCUP
SPECIFIC AND TEMPORARY USES
Outdoor Temporary and Seasonal
Sales
TUP
Temporary Uses TUP
Vending machines A
Outdoor dining A
Note:
Uses must comply with Safety Compatibility Policies SP-1 through SP-3 of the Comprehensive Airport
Land Use Compatibility Plan for the Environs of San Francisco International Airport including
Noise/Land Use Compatibility and Safety Compatibility Criteria listed in Tables IV-1 and IV-2. Some
uses listed above may be incompatible in safety zones. The northwestern portion of the North
Burlingame Mixed Use Zone is within Safety Compatibility Zone 2 – Inner Approach/Departure Zone;
while the remainder is within Safety Compatibility Zone 3 – Inner Turning Zone.
25.40.030 Development Standards
A. Development Standards Generally; Calculation of FAR and Density.
1. Development projects shall comply with the development standards set forth in Table
25.40-2 (NBMU Development Standards). The floor area ratio (FAR) standards shall
apply to the non-residential component on a development on a site; the density
standards shall apply to any residential component. The non-residential (FAR) and
residential (density) components are additive.
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2. A developer may elect to develop consistent with either Tier 1, Tier 2, or Tier 3
development standards. Projects using Tier 2 or Tier 3 standards shall provide
community benefits pursuant to subparagraph 25.40.030.D, below.
TABLE 25.40-2
NBMU DEVELOPMENT STANDARDS
Development Standards Base
Standard
(Tier 1)
Increased
Intensity
(Tier 2)
Maximum
Intensity
(Tier 3)
Additional
Regulations
a. Density – Maximum
(applies to residential
component)
40 du/ac 80 du/ac 140 du/ac Tier 2 and 3 must
provide community
benefits per
subparagraph B,
below.
b. Floor Area Ratio (FAR) –
Maximum
(applies to non-residential
component)1
0.50 Office
0.25
Commercial
1.25 Office
0.50
Commercial
2.0 Office
1.0
Commercial
Tier 2 and 3 must
provide community
benefits per
subparagraph B,
below.
c. Height3
4 stories/
45 ft.
maximum
5 stories/
55 ft.
maximum
7 stories/
75 ft.
maximum
For
properties
on the east
side of El
Camino
Real,
9 stories/
100 ft.
subject to
additional
setback
standards,
below
Tier 2 and 3 must
provide community
benefits per
subparagraph B,
below.
Special
Requirements and
Exceptions:
1. Building
frontages facing
Trousdale Drive
(west of El
Camino Real),
Murchison Drive
(west of El
Camino Real),
Magnolia Drive,
Ogden Drive, and
Marco Polo Way:
a. 35% of the
linear frontage
above 35 feet
must step back
a minimum 5
feet, in the form
of insets,
balconies, or
stepbacks, or
b. 80% of a
building’s linear
frontage above
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TABLE 25.40-2
NBMU DEVELOPMENT STANDARDS
Development Standards Base
Standard
(Tier 1)
Increased
Intensity
(Tier 2)
Maximum
Intensity
(Tier 3)
Additional
Regulations
55 feet stories
must step back
a minimum of 10
feet, in the form
of insets,
balconies, or
stepbacks
d. Setbacks
• For any building adjacent to
properties zoned R-1 or R-2
Any building façade that faces the
adjacent R-1 or R-2 property line and
that is above 15 feet in height shall have
additional setback distance added to the
required setback. That additional
setback shall apply to any portion of the
building above 15 feet in height and shall
be a minimum horizontal distance of one
foot for every one foot of building height
above 30 feet.
• Front: El Camino Real 0 to 10 ft. for first 35 ft. Subject to
streetscape
frontage standards
in Table 25.40-3
• Front: Mixed-Use Arterial
(Trousdale Drive,
Murchison Drive, California
Drive)
0 to 10 ft., with at least 60 percent of the
structure located at the streetscape
frontage line per Table 25.40-3
Subject to
streetscape
frontage standards
in Table 25.40-3
• Front: Mixed-Use Collector
(Magnolia Drive) and
Neighborhood Access
(Ogden Drive, Marco Polo
Way)
0 to 10 ft., with at least 40 percent of the
structure located at the streetscape
frontage line per Table 25.40-3
Subject to
streetscape
frontage standards
in Table 25.40-3
• Side – Interior: El Camino
Real
10 ft.
• Side – Interior: Trousdale
Drive, Murchison Drive,
California Drive, Ogden
Drive, and Marco Polo Way
10 ft.
• Side – Street 0 to 10 ft., with at least 40 percent of the
structure located at the streetscape
frontage line per Table 25.40-3
Subject to
streetscape
frontage standards
in Table 25.40-3
• Rear 15 ft. minimum
20 ft. minimum if abutting a lot zoned R-
1 or R-2
e. Lot Dimensions – Minimum
Minimum applies to
new subdivisions
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TABLE 25.40-2
NBMU DEVELOPMENT STANDARDS
Development Standards Base
Standard
(Tier 1)
Increased
Intensity
(Tier 2)
Maximum
Intensity
(Tier 3)
Additional
Regulations
• Size
• Width at street frontage
20,000 sf
150 ft.
of land; legally
established lots of
smaller size may
be developed
consistent with the
requirements of
this Chapter 25.40.
f. Lot Coverage – Maximum2 80% Lot coverage may
be increased if
additional, usable
common open
space generally
equivalent to the
additional lot
coverage (in
square feet) is
provided on a
rooftop garden and
hardscape.
g. Open Space and
Landscaping
• Open space for residential
units – Minimum
• Percent landscape
coverage - Minimum
100 sf per unit of open space per unit.
Open space may be either private,
common, or include both.
10% of entire site; see also 25.40.040.
Minimum
dimensions of
open space:
• Private: 5 ft.
deep, 8 ft. wide
• Common: 15 ft.
in any direction
h. Parking 1. Parking shall be provided as set forth in Chapter 25.70.
2. Garages may be constructed entirely below ground level,
and such underground garages may project into any
required yard or building setback area.
3. No at-grade parking shall be visible or accessed from El
Camino Real.
Notes:
1 Above-ground parking structures shall be exempt from Floor Area Ratio (FAR) calculations.
2 Lot coverage may be increased if additional useable common open space equivalent to the
additional lot coverage (in square feet) is provided on a podium-level landscaped courtyard or
plaza.
3 Maximum building heights are also required to comply with Airspace Protection Policies AP-1
through AP-4 of the Comprehensive Airport Land Use Compatibility Plan for the Environs of
San Francisco International Airport (ALUCP). This includes determining the need to file Form
7460-1, Notice of Proposed Construction or Alteration, with the FAA for any proposed project
that would exceed the FAA notification heights, as shown approximately on ALUCP Exhibit IV-
10 and complying with FAA Aeronautical Study Findings. It also includes complying with the
maximum compatible building height, which includes all parapets, elevator overruns, etc. of a
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TABLE 25.40-2
NBMU DEVELOPMENT STANDARDS
Development Standards Base
Standard
(Tier 1)
Increased
Intensity
(Tier 2)
Maximum
Intensity
(Tier 3)
Additional
Regulations
building, as noted in ALUCP policy AP-3 and depicted in Exhibits IV-17 and IV-18 of the
ALUCP.
B. Community Benefits – Required Enhancements for Tier 2 and 3 Increased FAR,
Density, and Height.
5. Purpose and Applicability. The community benefits program is established to provide
incentives for higher intensity development not otherwise allowed by these zoning
regulations, and to create new community benefits that may not otherwise result from
development activity. The Planning Commission, through a discretionary review and
public hearing process, may grant increased FAR, density, or building height in return for
provision of specific community benefits, as listed below or subsequently identified by the
City Council, if doing so is in the City’s interest and will help implement the General Plan,
and in finding that these benefits cannot be realized without granting increased FAR,
height, and/or density. A variety of objectives are listed to ensure that proposed project
features are appropriate for the site and surroundings, and to allow for a wide range of
possible project types.
6. Tier 2 - Number of Community Benefits. The Planning Commission may approve Tier
2 projects if it determines that the project includes at least two community benefits from
subsection 4 of this Section (Community Benefits Objectives). At least one affordable and
workforce housing objective from 4.a shall be chosen.
7. Tier 3 - Number of Community Benefits. The Planning Commission may approve Tier
3 projects if it determines that the project includes at least three community benefits from
subsection 4 of this Section (Community Benefits Objectives). At least one affordable
and workforce housing objective from 4.a shall be chosen.
8. Community Benefit Options.
m. Affordable and Workforce Housing.
i. The project provides affordable housing at the rate of five percent for low-income
households, or 10 percent for moderate-income households, as a percentage of
the total number of housing units built for a period of 55 years or greater.
ii. The project qualifies for, and utilizes, a density bonus in compliance with the City’s
affordable housing incentives (Chapter 25.63).
n. Pedestrian Amenities. The project includes major pedestrian connections in excess
of minimum pedestrian requirements.
o. Public Plazas.
vi. The minimum area of any public plaza shall be 2,000 square feet;
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vii. The public plaza is owned, operated, and maintained by the developer or property
manager in accordance with an approved maintenance plan to be reviewed and
approved by the Community Development Director;
viii. Each part of the public plaza shall be accessible from other parts of the open
space without leaving the open space area;
ix. The public plaza shall be on the ground level and directly accessible from the
sidewalk, and be accessible to persons with disabilities;
x. The public plaza shall be open to the public, without charge, each day of the year,
except for temporary closures for necessary maintenance or public safety; and
xi. At a minimum, the following elements shall be included within the open space:
trees and landscaping, seating, bicycle racks, trash and recycling receptacles,
and signage that include hours of operation.
p. Off-Site Streetscape Improvements. These provisions do not include improvements
along the frontage of a development site that would normally be required. Examples
of amenities include:
vi. Enhanced pedestrian and bicycle-oriented streetscapes.
vii. Protected bicycle lanes and pedestrian pathways, improved bicycle and
pedestrian crossings/signals, bicycle racks/shelters.
viii. New pedestrian and bicycle connections to transit facilities, neighborhoods, trails,
commercial areas, etc.
ix. Removal of existing pedestrian and bicycle barriers (e.g. dead-ends and cul-de-
sacs).
x. Upgrading traffic signals to enhance pedestrian and bicycle safety.
q. Cultural Arts Space. Includes space for visual arts, performing arts, artist housing,
and other activities that support arts and culture.
r. Pedestrian and Similar Paths and Connections between Adjacent Properties. To
effectuate the goal of creating walkable and bikeable environments, improved
pedestrian ways and other paths open to the public that accommodate easy movement
across and between properties under separate ownership.
s. Historic Preservation (Off-Site). Where there are no historic resources on the
project site, the project provides for the permanent preservation of a building off site
that is listed in the City’s inventory of historical resources through the recordation of a
historic preservation agreement.
t. Mode Split. The project provides for the permanent mode shift towards alternative
transportation for building occupants through a Transportation Demand Management
Program that achieves the objectives of General Plan Chapter VI: Mobility. Prior to the
issuance of building permits, a covenant agreement shall be recorded that discloses
the required Transportation Demand Management provisions. This agreement shall
be recorded in the office of the County Recorder to provide constructive notice to all
future owners of the property of any ongoing programmatic requirements.
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u. Zero Net Energy. The project provides 100 percent of total building energy load
measured as kilowatt per square foot through solar panels, wind turbines, or other
renewable sources.
v. Public Parking Facilities. The project provides publicly accessible parking to serve
area-wide parking needs. To qualify, the parking spaces should be permanently
available for public use and subject to easements or restrictions acceptable to the City.
w. Flexible (Miscellaneous) Benefit. The applicant agrees to provide a currently
undefined community benefit approved by the City Council that is significant and
substantially beyond normal requirements. Examples are inclusion of a child care
center or community event space in a new development project, off-site utility
infrastructure improvements above and beyond those required to serve the
development, additional funding for City programs such as contribution to a local
façade improvement program, or subsidy for existing commercial tenants or other local
small businesses.
25.40.040 Design Standards and Objective Design Criteria. In addition to the
development standards in Section 25.40.030, the following design standards and criteria shall
apply to all new development projects.
D. Design Standards. All new development shall be designed to achieve the following
objectives:
8. The design shall provide for internal compatibility between the different uses in terms of
noise, hours of operation, vehicle and pedestrian circulation, access, use of open space,
and other operating characteristics that affect quality of life.
9. Potential noise, odors, glare, pedestrian traffic, and other impacts on residents shall be
minimized to allow a compatible mix of residential and nonresidential uses on the same
site.
10. The design of the mixed-use project shall ensure that the residential units are of a
residential character and that privacy between residential units and between other uses
on the site is maximized.
11. The design of the structures and site planning shall encourage integration of the street
pedestrian environment with the nonresidential uses through the use of plazas,
courtyards, walkways, and street furniture.
12. Site planning and building design shall be compatible with and enhance the adjacent and
surrounding built environment in terms of scale, building design, color, exterior materials,
roof styles, lighting, landscaping, and signage.
E. Building Orientation, Entrances, and Articulation.
8. Orientation. The main building of a development shall be oriented to face a public street.
Building frontages shall be generally parallel to streets. For all residential, retail, service,
and office uses, at least one primary entrance to a ground-floor use shall face the adjacent
street right-of-way. Ground-related entrances include entrances to ground-floor uses,
residential units, clusters of residential units, lobbies, or private courtyards.
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9. Ground-Floor Transparency. At least 75 percent of the exterior walls on the ground floor
facing the street shall include windows, doors, or other openings.
10. Nonresidential Entrances. Entries shall be clearly defined features of front façades and
of a scale that is in proportion to the size of the building and number of units being
accessed. Larger buildings shall have a more prominent building entrance while
maintaining a pedestrian scale.
11. Transitional Space at Residential Entries. New residential buildings shall provide
transitional spaces in the form of stoops, overhangs, and porches between public areas
fronting the primary street and entrances. This type of element or equivalent shall be
required for each unit or group of units, but no less than one of this type of element shall
be provided.
12. Building Articulation. No street frontage wall may run in a continuous plane for more
than 20 feet without an opening (door or window) or offsets, or as approved by the review
authority if the project is constrained by unusual parcel size, shape, use, or other features
that the responsible review authority accepts as rendering this requirement infeasible.
Openings fulfilling this requirement shall have transparent glazing and provide views into
work areas, display areas, sales areas, lobbies, or similar active spaces. Offsets shall vary
in depth and/or direction of at least 18 inches, or a repeated pattern of offsets, recesses,
or projections of similar depth.
13. Parking Lot and Structure Location. Surface parking lots, to the greatest extent
practicable, shall be located to the rear of a lot. Parking structures shall be integrated into
building design unless a separate structure is require for fire safety purposes or due to the
shape or configuration of a lot.
F. Site Layout
5. Streetscape. Street frontages shall meet the standards set forth in Table 25.40-3 (NBMU
Street Frontage Standards).
TABLE 25.40-3: NBMU STREET FRONTAGE STANDARDS
Street Type Frontage – Measured from Back of Curb to
Building Face
El Camino Real – with
frontage road
Building Frontage
Setback
15 ft. minimum from frontage
road curb
Walk Zone (Public) 10 ft. minimum
Amenity/Planter Zone 5 ft. minimum
Tree Wells 5 ft. by 5 ft. min.
El Camino Real –
without frontage road
Building Frontage
Setback
20 ft. minimum from frontage
road curb
Walk Zone (Public) 10 ft. minimum
Amenity/Planter Zone 5 ft. minimum
Tree Wells 5 ft. by 5 ft. minimum
Mixed-Use Arterial
(Trousdale Drive,
Murchison Drive,
California Drive)
Building Frontage
Setback
15 ft. minimum
Walk Zone (Public) 10 ft. minimum
Amenity/Planter Zone 5 ft. minimum
Tree Wells 5 ft. by 5 ft. minimum
Mixed-Use Collector
(Magnolia Avenue)
Building Frontage
Setback
12 feet
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Walk Zone (Public) 6 ft. minimum
Amenity/Planter Zone 5 ft. minimum
Tree Wells 5 ft. by 5 ft. minimum
Neighborhood Access
(Ogden Drive, Marco
Polo Drive)
Building Frontage
Setback
10 ft.
Walk Zone (Public) 6 ft. minimum
Amenity/Planter Zone 4 ft. minimum
Tree Wells 4 ft. by 4 ft. minimum
Build-To Lines At least sixty (60) percent of the structure shall be
located at the Building Frontage Setback.
Exceptions Exceptions to Building Frontage Standards may be
granted to accommodate conflicts with recorded
easements, rights-of-ways, etc.
6. Pedestrian Access. On-site pedestrian circulation and access shall be provided per the
following standards:
e. Internal Connections. A system of pedestrian walkways shall connect all buildings
on a site to each other, to on-site automobile and bicycle parking areas, and to any
on-site open space areas or pedestrian amenities.
f. To Circulation Network. Regular and convenient connections between on-site
walkways and the public sidewalk and other existing or planned pedestrian routes,
such as safe routes to school, shall be provided. An on-site walkway shall connect the
primary building entry or entries to a public sidewalk on each street frontage.
g. To Adjacent Areas. Direct and convenient access shall be provided from mixed-use
projects to adjoining residential and commercial areas to the maximum extent feasible
while still providing for safety and security.
h. To Transit. Safe and convenient pedestrian connections shall be provided from
adjacent transit stops to building entrances.
7. Service and Delivery Areas. Service and loading areas shall be screened from
residential areas and integrated with the design of the building. Special attention shall be
given when designing loading facilities in a location that is proximate to residential uses.
Techniques such as block walls, enhanced setbacks, or enclosed loading shall be used
to minimize adverse impacts to residents.
8. Location of Residential Units. In mixed-use developments, it is the intent that residential
units not occupy the ground floor within the first 50 feet of floor area measured from each
building face adjacent to the street unless the review authority finds that the project is
designed in a manner that a residential ground-floor component enhances the pedestrian
environment.
D. Landscaping.
1. Front and Street Side Setbacks. Within any required front setback area or side yard
setback adjacent to a public street, at least 60 percent of the required setback area shall
be landscaped to provide a transition to the sidewalk.
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2. Parking Lot Screening. Where a surface parking lot abuts a public street, a minimum
10-foot-deep landscape buffer shall be provided between the sidewalk and the first
parking row.
3. Parking Garage. Where the wall of a parking garage directly faces a public street, a
minimum 10-foot-deep landscaped area shall be provided between the sidewalk and the
parking structure wall.
25.39.050 Parking
H. Off-Street Vehicle Parking. Parking shall be provided as set forth in Chapter 25.70 (Off-
Street Parking), with the following exceptions for live/work units, stand-alone residential
development, and the residential component of a mixed-use development:
TABLE 25.40-4: NBMU OFF-STREET VEHICLE
PARKING
Number of Bedrooms in
a Unit
Minimum Number of
Parking Spaces Required
0 (Studio) 1 space/unit
1 1 space/unit
2 1.5 spaces/unit for
multifamily housing;
2 spaces/unit for live/work
3 or more 2 spaces/unit
Guest parking None required
I. Vehicle Parking Stall Dimensions. All parking stalls may be provided in a single dimension,
eight and one-half feet in width by 17 feet in length, except for required accessible parking
spaces which shall meet the dimensions required in the California Building Code in effect at
the time a project is submitted for City review. No compact parking stalls shall be allowed if
only a single dimension stall is used.
J. Aisle Dimensions. All aisles within a parking area shall be as set forth in Table 25.40-5
(NBMU Parking Aisle Dimensions)
TABLE 25.40-5: NBMU PARKING AISLE
DIMENSIONS
Parking Space Angle Required Backup Aisle
(minimum)
90 degree 24 feet
60 degree 18 feet
30 degree 13 feet
K. Stacked/Mechanical Parking. Parking utilizing stackers or mechanical systems may be
approved with a Conditional Use Permit.
L. Bicycle Parking. Bicycle parking shall be provided as set forth in Table 25.40-6 (NBMU
Bicycle Parking).
TABLE 25.40-6: NBMU BICYCLE PARKING
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Class Minimum Number of
Parking Spaces Required
Class I – Resident bicycles 0.5 spaces/unit
Class II – Guest bicycles 0.05 spaces/unit
M. Electric Vehicle (EV) Charging Stalls. Five percent of all spaces shall be prepared for EV
charging equipment.
N. Parking Reductions for Transportation Demand Management (TDM) Plan. Projects
utilizing a Transportation Demand Management (TDM) Plan per Section 25.40.030.B.4.h.
shall be allowed up to 20 percent reduction in required off-street vehicle parking (not including
bicycle parking and EV stalls), provided the project provides for a permanent mobility mode
shift towards alternative transportation of 25 percent or greater for building occupants through
the TDM program.
25.40.060 Review Procedures.
A. Design Review Required. Design review shall be required pursuant to Chapter 25.57.
B. Planning Commission Approval of Community Benefits Bonuses. The Planning
Commission shall be the final review authority for an application for Tier 2 or 3 projects.
25.40.070 Comprehensive Airport Land Use Compatibility Plan Consistency. The
following requirements and criteria shall be incorporated into site-specific development projects:
E. Airport Disclosure Notices. All new development is required to comply with the real estate
disclosure requirements of state law. The following statement must be included in the notice
of intention to offer the property for sale:
“Notice of Airport in Vicinity
This property is presently located in the vicinity of an airport, within what is known as an airport
influence area. For that reason, the property may be subject to some of the annoyances or
inconveniences associated with proximity to airport operations (for example: noise, vibration,
or odors). Individual sensitivities to those annoyances can vary from person to person. You
may wish to consider what airport annoyances, if any, are associated with the property before
you complete your purchase and determine whether they are acceptable to you.”
F. Airport Noise Evaluation and Mitigation. Project applicants shall be required to evaluate
potential airport noise impacts if the project is located within the 65 CNEL contour line of San
Francisco International Airport (as mapped in the Airport Land Use Compatibility Plan for the
Environs of San Francisco International Airport). All projects shall be required to mitigate
impacts to comply with the interior (CNEL 45 dB or lower, unless otherwise stated) and
exterior noise standards established by the Airport Land Use Compatibility Plan or Burlingame
General Plan, whichever is more restrictive.
G. Avigation Easement. Any action that would either permit or result in the development or
construction of a land use considered to be conditionally compatible with aircraft noise of
CNEL 65 dB or greater (as mapped in the Airport Land Use Compatibility Plan) shall include
the grant of an avigation easement to the City and County of San Francisco prior to issuance
of a building permit(s) for any proposed buildings or structures, consistent with Airport Land
Use Compatibility Plan Policy NP-3 Grant of Avigation Easement.
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H. Other Flight Hazards. Within Airport Influence Area (AIA) B, certain land use characteristics
are recognized as hazards to air navigation and, per SFO ALUCP Policy AP-4, need to be
evaluated to ensure compatibility with FAA rules and regulations. These characteristics
include the following:
6. Sources of glare, such as highly reflective buildings, building features, or blight lights
including search lights, or laser displays, which would interfere with the vision of pilots
in command of an aircraft in flight
7. Distracting lights that could be mistaken for airport identification lightings, runway edge
lighting, runway end identification lighting, or runway approach lighting
8. Sources of dust, smoke, water vapor, or steam that may impair the visibility of a pilot
in command of and aircraft in flight
9. Sources of electrical/electronic interference with aircraft communications/navigation
equipment
10. Any use that creates an increased attraction for wildlife, particularly large flocks of
birds, that is inconsistent with FAA rules and regulations, including but not limited to
FAA Order 5200.5A, Waste Disposal Site On or Near Airports and FAA Advisory
Circular 150/5200-33B, Hazardous Wildlife Attractants On or Near Airports and any
successor or replacement orders or advisory circulars.
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SECTION 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
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sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 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.
_________________________________
Emily Beach, 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
2nd day of November, 2020, and adopted thereafter at a regular meeting of the City Council held
on the 16th day of November 2020, by the following vote:
AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, O’BRIEN KEIGHRAN, ORTIZ
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
__________________________________
Meaghan Hassel-Shearer, City Clerk
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