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HomeMy WebLinkAboutOrd 12148/1/31 8/27/31 to/1/a1 11/19/81 1/4/82 1/27/82 2/2/82 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. 2 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. 3 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. 4 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