HomeMy WebLinkAboutOrd 1372ORDINANCE N0. 1372
URGENCY INTERIM ORDINANCE ESTABLISHING DECLINING HEIGHT
ENVELOPE FOR R-1 AND R-2 ZONES
The CITY COUNCIL of the CITY OF BURLINGAME does hereby
ORDAIN as follows:
Section 1. Section 25.08.212 of the Burlingame Municipal
Code is added to read as follows:
1125.08.212 Declining Height Envelope. The declining height
envelope is an inclined plane beginning at a stated height above
grade at a side property line, and extending toward the center of
the site at a stated upward angle; the declining height envelope
line shall control all habitable portions of the structure ten feet
or more above grade.* *See supplemental illustration at end of
this chapter."
Section 2.
Section 25.08.340 is added to said code to read
as follows:
1125.08.340
Habitable Area. Any area within a structure
defined as habitable area by the Uniform Building Code."
Section 3.
Section 25.08.600 is amended to read as follows:
1125.08.600
Story. A story is that portion of any building
included between
the surface of any floor and the surface of the
next floor above
it, and if there is no floor above it, then the
space between such floor and the ceiling next above it."
Section 4.
Section 25.28.075 of said code is added to read
as follows:
1125.28.075
Declining Height Envelope. There shall be a
declining height
envelope in this district departing from a height
of ten ( 10 ) feet
above existing grade at each side property line
set at an angle of
forty-five (45) degrees toward the center of the
lot to a maximum
of thirty ( 30 ) feet or two and one-half (2-1/2)
stories.
except:
No structure shall extend above or beyond said envelope
fl
a. television and radio antennas and chimneys or flues,
eaves and architectural features which do not create habitable area
and do not extend within the first story side setback;
b. window enclosures which create no more than one hundred
(100) square feet of habitable area within the structure;
c. where the slope on a lot along the front property line
varies one (1) foot or more from corner to corner; in such cases
the measurement of the declining height envelope point of departure
shall be increased by the height at the midpoint on the front
property line;
d. where the slope on a lot between the front setback and
rear setback lines on either side property line varies by two (2)
feet or more; in such cases the measurement of the declining height
envelope point of departure shall be increased by the average
elevation at the two setback lines;
e. where the finished first floor of a house is more than
three (3) feet above finished grade and the area below or basement
is not habitable area; in such cases the measurement of declining
height envelope shall be twelve (12) feet above property line."
Section 5. Section 25.30.070 is added to said code to read
as follows:
"25.30.070 Declining Height Envelope. There shall be a
declining height envelope in this district departing from a height
of ten ( 10 ) feet above existing grade at each side property line
set at an angle of forty-five (45) degrees toward the center of the
lot.
No structure shall extend above or beyond said envelope
except:
a. television and radio antennas and chimneys or flues,
eaves and architectural features which do not create habitable area
and do not extend within the first story side setback;
b. window enclosures which create no more than one hundred
(100) square feet of habitable area within the structure;
c. where the slope on a lot along the front property line
varies one (1) foot or more from corner to corner; in such cases
E
the measurement of the declining height envelope point of departure
shall be increased by the height at the midpoint on the front
property line;
d. where the slope on a lot between the front setback and
rear setback lines on either side property line varies by two (2)
feet or more, in such cases the measurement of the declining height
envelope point of departure shall be increased by the average
elevation at the two setback lines;
e. where the finished first floor of a house is more than
three (3) feet above finished grade and the area below or basement
is not habitable area; in such cases the measurement of declining
height envelope shall be twelve (12) feet above property line."
Section 6. Section 25.66.050 of said code is amended to
read as follows:
1125.66.050 Measurement of side yards and rear yards. All
buildings, structures, improvements or portions thereof, which are
used or hereafter erected for dwelling purposes in any portion of
the city shall provide side yards and rear yards in accordance with
the following table, except as herein provided.
SIDE YARD (in feet)
Lots 42' Wide Lots Over 42' and Lots 51' Wide and
or Under Less Than 51' Less Than 54'
3 4 5
Lots 54' Wide
and
Lots 61'
Wide
Less Than
61'
and
Over
0
7
REAR YARD (in feet)
1 and 2 Story More Than Two Stories
15
20
The side yard requirements set forth are the minimum
requirements for single story buildings and in the R-3 and R-4
districts shall be increased one foot for each additional story
above the first story. Multiple story buildings in the R-1 and R-2
03
districts are subject to the declining height envelope
regulations."
Section 7. Section 25.66.060 of said code is amended to
read as follows:
"25.66.060 Exceptions.
a. Fireplace chimneys may project into the side yard to a
distance not to exceed two feet provided that there
shall be a minimum distance of two feet six inches
between the chimney and the side lot line.
b. Cornice or eave projections
may extend into the side
yard area but
may not extend
a greater distance than
fifty percent
of such
required
side yard.
c. A detached garage or other permitted one-story
accessory building located within the rear thirty
percent of the lot may be built to the rear or side lot
lines, disregarding the requirements of this chapter,
but subject to the requirements of Chapter 25.60.
This exception shall not be construed to allow
additional coverage or to permit construction over or
upon easements deeded or dedicated for other purposes.
d. Where fire escapes are required by law as an additional
means of egress, suspended metal fire escapes may be
constructed in the side yard area but not to exceed
three feet in width. Such fire escapes shall be so
constructed as to leave a clear area of at least seven
(7) feet between the ground and the lowest point of the
fire escape."
Section 8. Uaency.
It is hereby declared that this
ordinance is an ordinance for
public peace, safety, health
measure as provided by law,
adoption.
the immediate preservation of the
and welfare, and is an emergency
and shall take effect upon its
The facts constituting such urgency are as follows:
Second story residential additions and new home construction
in the last several years are being built to the maximum dimensions
of existing ordinances, resulting in buildings of great mass and
bulk. The results are reduction of air and light to adjacent
properties and change in the character of neighborhoods. Because
existing ordinances do not address such health, safety and
compatibility issues it is necessary that an interim ordinance be
adopted at once, thereby allowing such construction on a limited
basis, while permanent regulations are considered.
Section 9. Duration. This ordinance is intended to be an
interim urgency ordinance. Unless this ordinance is extended as
provided by Government Code Section 65858 or superseded by any
other ordinance it shall automatically cease to have force and
effect forty-five (45) days from its date of adoption.
Section 10. This ordinance shall be published as required
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby
certify that the foregoing URGENCY INTERIM ORDINANCE was introduced and adopted
at a regular meeting of the City Council held on the 6th day of September, 1988
by the following vote:
AYES: COUNCILMEMBERS: AMSTRUP, BARTON, LEMBI, MANGINI, PAGLIARO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
�,'� CITY CLERK