HomeMy WebLinkAboutOrd 12148/1/31
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REVISED FINAL
ORDIidANCE N0. 1214
AN ORDINANCE ESTABLISHING BURLINGAIS AVENUE
CMMRCIAL AREA AND REGULATIONS THERF,FOR
The CITY COUNCIL of the City of Burlingame does ORDAIN
as follows:
Section 1.
Section 25.12.01 5 is hereby added to the
Burlingame Municipal Code to read as follows:
25.12.01'5 Establishment of Burlingame Avenue
Commercial Area
The areas of the first and second commercial district,
as shoran on the map attached to Ordinance 1214, shall be
known as the Burlingame Avenue Commercial Area, and said
areas and sub -areas thereof shall be subject to the specific
provisions of this code concerning uses therein.
Section 2. Section 25.36.031 is hereby added to said
Code to read as follows:
25.36.031 Permitted Uses in Burlingame
Avenue Commercial Area
The following uses will be permitted in the sub -areas
in the Burlingame Avenue Commercial Area within the C-1
District,
1. Sub -Area A:
(a) P.etail uses which achieve contiguous retail
frontage such as drug, liquor, bakeries, variety
store, paint and hardware, apparel, accessory,
restaurants and coffee shops, florists, furniture
and draperies.
(b) Personal services, such as barber and beauty
shops, photographic studios, shoe repair.
(c) Above the first floor only: hotels; offices
except real estate, financial and credit businesses
2. Sub -Area B:
(a) A11 uses permitted in Sub -Area A.
(b) tdurseries
(c)
Auto Supply
pragramming and
software"�qulp�ent�_�ental.
(d)
Offices,
real estate,
financial and credit
businesses.
(e)
G��puter
pragramming and
software"�qulp�ent�_�ental.
(f)
Schools,
above the first
floor only.
(g) Floor covering
(h) .Household appliances
Section 3. Section 25.36.032 is hereby added to said
Code to read as follows:
25.36.032 Conditional Uses in the Burlingame
Avenue Commercial Area
The following uses shall require a conditional use
permit in the designated sub -areas of the Burlingame Avenue
Commercial Area within the C-1 District,
1. Sub -Area A:
(a) Instructional classes incidental to retail or ',
service use.
(b) Grocery stores and markets; provided, grocery
stores and markets exceeding 10,000 square feet
of floor area are prohibited.
(c) Gasoline service stations.
(d) Schools, above the first floor only, which
operate outside of retail hours.
(e) Real estate and financial office,
above the
first floor only.
(f) Public utility and public service buildings
and facilities.
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L, Sub -Area B:
(a) All uses requiring a special permit in Sub -Area A.
(b) Laundry and dry cleaning.
(c) Pool halls, bowling alleys and other amusement uses.
(d) Medical and dental offices, laboratories and out-
patient facilities.
(e) Residences above the first floor.
Section 4. Section 25.36.033 is hereby added to said
Code to read as follows:
25.36.033 Nonconforming Uses in Burlingame
Avenue Commercial Area
Notwithstanding any contrary provisions of Chapter
25.50 of this Code, nonconforming, uses in the Burlingame
Avenue Commercial Area shall terminate only upon the vacation
of the premises by the use occupying said premises on October
1, 1981; provided, however, such existing nonconforming uses
shall be allowed to continue in Sub -Areas A and B despite
destruction by catastrophe or natural disaster of the
existing structure, so long as the use occupying the space
at the time of the catastrophe or natural disaster is the
business returning into the new structure. New uses in such
structures must conform to the permitted and conditional uses
for the appropriate sub -area.
Section 5.
25.38.031 Burlingame Avenue Commercial Area
Notwithstanding any other provision of this Code, within
sub -area D of the Burlingame Avenue Commercial Area residential
uses -and ,retail uses other than thoserelated to automobile
sales and service shall be allowed only with a special permit.
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Section 6.
25.38.032 Nonconforming Uses in Burlingame
Avenue Commercial Area
Notwithstanding any contrary provisions of Chapter
25.20 of this Code, nonconforming uses in the Burlingame
Avenue Commercial Area shall terminate only upon the vacation
of the premises by the use occupying said premises on October
1, 1981; provided, however, such existing nonconforming uses
shall be allowed to continue in Sub-Area,D despite destruction
by catastrophe or natural disaster of the existing structure,
so long as the use occupying the space at the time of the
catastrophe or natural disaster is the use' returning
into the new structure. New uses in such structures must
conform to the permitted and conditional uses for the
appropriate sub -area.
Section 7. Section 25.70.040 is amended to read as
folloWS:
25.70 0401 -Exceptions and Exem tp ions_
Existing structures which become nonconforming as the
result of the adoption of parking, requirements may be
remodeled so long as the gross floor area of the structure is
not increased. If the gross floor area is increased, parking
shall be provided as required for the additional floor area.
Any existing parking spaces which form the basis for
credit against any parking assessment shall be maintained
in a reasonably useable operating condition until sub-
stitute parking facilities which meet the requirements
of this title in all respects have been provided for the
property.
No building, or other structure shall be erected, nor
shall any improvements be constructed upon such parking
spaces, or any access thereto, unless substitute facilities
have been provided.
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follows:
Section 8.
Chapter 25.72 is hereby amended to read as
CHAPTEP.. 25.72
BURLINGAME AVENUE COPR�IERCIAL AREA
OFF-STREET PARKING REGULATIONS
25.72.010 Scope of Regulations
The regulations of this chapter shall apply within
the Burlingame Avenue Commercial Area.
25.72.020 Automobile parking to be provided.
1. Uses permitted and existing on October 1, 1981,
shall be exempt from the parking requirements of this
chapter.
2. Businesses whose use becomes nonconforming as a
result of the creation of this area shall be exempt from
parking requirements until the vacation of the premises by
the use occupying the premises on October 1, 1981.
3. Any new development within Sub -Area A, except
reconstruction because of catastrophe or natural disaster,
must provide on site parking, provided the first floor of
such new development shall be exempt from parking require-
ments if the first floor is used for retail or personal
service uses, but must provide parking, as required for uses
for all floors above the first floor.
4. Buildings reconstructed after catastrophe or
natural disaster shall be required to provide parking only
for the square footage over and above square footage exist-
ing at the time of the disaster. This parking shall be
provided on site.
Section 9. The Burlingame Avenue Commercial Area
and sub -areas thereof are hereby defined as those areas so
set forth on the map attached to this ordinance and designated
as EXHIBIT A.
5
Section 10. This ordinance shall be published as
required by law.
Lam_.
Mayor
Victor A. Mangini
I, EVELYN H. HILL,
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
21st day
of September 1981
and
was adopted thereafter at
a regular
meeting of the City Countil
held on the 1st _day
of February ,
1982 by the following
vote.
ii AYES
NOES:
ABSENT
COUNCILPg:N: Amstrup4Qartan-Crosby-Mangini
COUNCILMEN: Hartin
COUNCILMEN: None
,City Clerk