HomeMy WebLinkAboutOrd 1378ORDINANCE N0. 1378
ORDINANCE ESTABLISHING DECLINING HEIGHT
ENVELOPE FOR R-1 AND R-2 DISTRICTS
The
CITY
COUNCIL of
the CITY OF BURLINGAME does hereby
ORDAIN as
follows:
Section 1. Section 25.04.010 is revised to read as follows:
"25.04.010 Zoning plan established - Purpose
(a) The zoning plan of this title is hereby established for
the following purposes:
(1) promoting the public health, safety, morals,
convenience, comfort, prosperity and general welfare of the
residents of the city;
(2) preserving a wholesome, serviceable and attractive
community by adopting regulations and restrictions that increase
the safety and security of home life and its incidents;
(3) prevention of congestion, disorder and danger which
often occur in unregulated municipal development by preventing the
overcrowding of land and providing reasonable means to effectively
protect and promote the general welfare and common rights of all;
(4) promotion of wholesome, sightly, harmonious and economic
results in the use of property, building construction, civic
service, activities and operations;
(5) establishing regulations to limit the location, uses and
occupancy of building structures and land to be used for trade,
industry, residences and other purposes and also the location,
height, bulk, occupancy and coverage, street setbacks, including
percentage of lot occupancy and coverage, street setback lines,
sizes of yards and other open spaces;
(6) encourage remodeling of existing residential structures
which conform to the general design of the existing structure;
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(7) preserving neighborhood character by designing new
single family structures, accessory buildings and other structures
to be consistent with the existing character, ambience, mass and
bulk of the other structures in the neighborhood where the new
construction is located;
(8) regulation of the size and use of signs and the height
of fences.
(b) To accomplish the purpose aforesaid the city is hereby
divided into districts of such number, shape and area and of such
common unity of purposes or uses that are deemed most suitable to
provide for the best general civic use and to protect the common
rights and interest of all."
Section 2. Section 25.08.212 of the Burlingame Municipal
Code is added to read as follows:
"25.08.212 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 twelve
feet or more above grade.* *See supplemental illustration at end
of this chapter."
Section 3. Section 25.08.335 is added to said code to read
as follows:
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25.08.335 Habitable Area. Any area within a structure
defined as habitable area by the Uniform Building Code."
Section 4. 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 5. 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
2
of twelve
(12) feet above existing grade
at each side
property line
set at an
angle of
forty-five (45) degrees to the
second story
plate line,
at which
point the envelope
shall extend
vertically to
a maximum
of thirty (30)
feet or two and
one-half (2-1/2)
stories.
No
structure
shall extend above
or beyond
said envelope
except:
a. television and radio antennas and chimneys or flues,
eaves to a maximum of two (2) feet or one-half the distance to
property line whichever is less, gables without windows 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 thirty-five
(35) square feet of habitable area within the structure;
co the side of a single family or duplex residential
structure next to an existing two story residential structure;
provided that in no case shall the second story be closer to
property line than the required first floor setback and the height
of the new two story wall shall not be greater than the existing
two story wall on the adjacent property; if there are two story
residential structures on both sides of a lot, only one side wall
of the intervening property may be exempt from the declining height
envelope;
d. 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 average elevation on the front property
line;
e.
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;
f.
where
the finished
first floor of
a house is more than
three (3)
feet above finished
grade and the
area below or basement
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is not habitable area; in such cases the measurement of declining
height envelope shall be fourteen (14) feet above property line."
Section 6. Section 25.30.070 is added to said code to read
as follows:
1125.30.070 Declining Heiaht Envelope. There shall be a
declining height envelope in this district departing from a height
of twelve (12) feet above existing grade at each side property line
set at an angle of forty-five (45) degrees to the second story
plate line, at which point the envelope shall extend vertically to
a maximum of thirty (30) feet or two and one-half (2-1/2) stories.
No structure shall extend above or beyond said envelope
except:
a. television and radio antennas and chimneys or flues,
eaves to a maximum of two (2) feet or one-half the distance to
property line whichever is less, gables without windows 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 thirty-five
(35) square feet of habitable area within the structure;
ce the side of a single family or duplex residential
structure next to an existing two story residential structure;
provided that in no case shall the second story be closer to
property line than the required first floor setback and the height
of the new two story wall shall not be greater than the existing
two story wall on the adjacent property; if there are two story
residential structures on both sides of a lot, only one side wall
of the intervening property may be exempt from the declining height
envelope;
d. 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 average elevation on the front property
line;
e. where the slope on a lot between the front setback and
rear setback lines on either side property line varies by two (2)
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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;
f. 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 fourteen (14) feet above property line."
Section
7.
Section 25.50.060
is amended to
read as follows:
"25.50.060
Nonconforming
structures
Restoration of
Damage.
(a) A nonconforming primary single family or duplex
structure which is partially or totally destroyed by catastrophe or
natural disaster may be rebuilt to its pre-existing size and
dimensions, provided that any nonconforming use in said structure
may not be continued. In the event of disagreement regarding the
size or dimensions of the pre-existing structure, the property
owner shall have the burden of proof. If any increase in size or
floor area are made to said structure as a part of reconstruction
or remodel the structure shall be subject to the provisions of
subsection (b) hereof."
(b) Any other nonconforming building which is damaged or
destroyed by any means to the extent of fifty (50) percent or more
of its value may be rebuilt or used thereafter only in compliance
with the regulations of the district of which it is a part. In the
event that the necessary repairs are less than fifty (50) percent
of the value, the building may be restored to its original
condition and the occupancy and use resumed. Such restoration must
be started within a period of six months and be diligently carried
to completion within twelve (12) months or as determined on request
by the planning commission with a public hearing."
Section 8. Chapter 25.52 is added to said code to read as
follows:
"Chapter 25.52 Conditional Use Permits.
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25.52.010 Issuance - Purpose.
(a) Conditional use permits may be issued as provided in
this chapter for any of the uses or purposes for which such permits
are required or permitted by the terms of this article upon
conditions designated by the planning commission.
(b) The purpose of the use permit is to allow the proper
integration into the community of uses which may be suitable only
in specific locations in a zoning district, or only if such uses
are designed or arranged on the site in a particular manner.
(c) The planning commission may impose such requirements and
conditions with respect to location, construction, maintenance,
operation, site planning, traffic control and time limits for the
use permit as it deems necessary for the protection of adjacent
properties and the public interest. The commission may require
tangible guarantees or evidence that such conditions are being, or
will be, complied with.
25.52.020 Findings and conditions.
(a) The planning commission may grant a conditional use
permit in accord with this title if, from the application or the
facts presented at the public hearing, it finds:
(1) The proposed use, at the proposed location, will not be
detrimental or injurious to property or improvements in the
vicinity, and will not be detrimental to the public health, safety,
general welfare, or convenience.
(2) The proposed use will be located and conducted in a
manner in accord with the Burlingame general plan and the purposes
of this title.
(3) The planning commission may impose such reasonable
conditions or restrictions as it deems necessary to secure the
purposes of this title and to assure operation of the use in a
manner compatible with the aesthetics, mass, bulk and character of
existing and potential uses on adjoining properties in the general
vicinity."
Section 9. Section 25.54.020 of said code is amended to
read as follows:
"25.54.020 Power to grant variances - Scope of variances -
Conditions for granting.
Subject to the provisions of this chapter, the planning
commission may vary the application of the zoning regulations
heretofore or hereafter established and may impose reasonable
regulations as conditions to granting variances and exceptions, and
such requirements shall be in harmony with the general purpose and
intent of this title.
Variances shall run with the land and may be for a specific
time.
Variances may be granted, as herein provided, with reference
to, but not limited to, the following: restrictions as to time for
the use of the property; the type or nature of the buildings; plans
therefor; materials for the use thereof; size thereof, including
limitations as to height and area; building line restrictions;
front, side, and rear yard requirements; lot coverage; parking and
motor vehicle storage requirements; persons who may use buildings
or premises in accordance with any variance or exception which may
be granted; and provisions for the time and manner of the return of
such building, or other use or condition, to the former condition
of such property.
The variance may be granted provided that the commission
finds, after a full investigation and public hearing, that all the
following is true:
(a) there are exceptional or extraordinary circumstances or
conditions applicable to the property involved that do not apply
generally to property in the same district;
(b) the granting of the application is necessary for the
preservation and enjoyment of a substantial property right of the
applicant, and to prevent unreasonable property loss or unnecessary
hardship;
(c) the granting of the application will not be detrimental
or injurious to property or improvements in the vicinity and will
not be detrimental to the public health, safety, general welfare or
convenience;
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(d) that the use of the property will be compatible with the
aesthetics, mass, bulk and character of existing and potential uses
of properties in the general vicinity."
Section 10. Section 25.66.050 of said code is amended to
read as follows:
"25.66.050 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 feetU
Lots 421 Wide Lots Over 421 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
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REAR YARD (in feet
1 and 2 Story More Than Two Stories IFXC
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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 1�-2
districts are subject to the declining height envelope
regulations."
Section 11. Section 25.66.060 of said code is amended to
read as follows:
1125.66.060 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.
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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 12. This ordinance st�31 ,�,� published a r uired
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame,
do hereby certify that the foregoing ordinance was introduced at a
regular meeting of the City Council held on the 17th day of
October 1988, and adopted thereafter at a regular
meeting of the City Council held on the 7th day of
November 1988 by the following vote:
AYES: COUNCILMEN: Ai4STRUP, BARYON, LEMBI, M.ANGINI, PAGLIARO
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
?L
City Clerk
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