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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; E (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: 11 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 3 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) 4 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. 5 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; 7 (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 7 REAR YARD (in feet 1 and 2 Story More Than Two Stories IFXC 15 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. 8 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 7