HomeMy WebLinkAboutOrd 1078ORDINANCE 140.
AN ORDINANCE AMENDING TITLE 259 ZONING,
RELATING TO SPECIAL USE PERMITS AND VARIANCE
PROCEDURES
The CITY COUNCIL of the City of Burlingame, California, does
ORDAIN as follows:
Section 1. Section 25.16.050 of the Burlingame Municipal Code is
amended to read as follows:
"25.16.050 Notice to
or soecia
� owners of application for variance
At least ten days prior to the date set for the hearing, the
city clerk shall cause a notice thereof to be given by mail to the
applicant and to each owner of property, as such ownership is shown
upon the last equalized assessment roll for taxes in the city,
which lies within a radius of three hundred feet from the property
for which the variance or special permit is sought. The notice
shall give the date, time and place of hearing, the name of the
applicant, a description of the property, the relief sought, and
such facts as may be prescribed from time to time by the commission.
The failure of the city clerk to mail or the failure of such
addressees to receive such notice shall not affect the validity of
such proceedings, provided such failure shall have occurred in good
faith."
Section 2. Section 25.16.060 of said Code is hereby amended to
read as follows:
"25.16.060
Hearing
by commission
special
permit.
At the time set for hearing, or at any time to which the same
may be continued, the commission shall hear all parties interested
therein. The commission may grant or deny the application, or grant
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the application subject to such restrictions or conditions
as it may deem advisable."
Section 2.5. Section 25.16.070 of said Code is amended to read
as follows:
"25.16.070 Finality of decisions - Appeal - Suspension
of order pending appeal.
The determination and order of the commission shall become
final and conclusive upon the adjournment of the city council
at its next succeeding regular meeting if no appeal be filed.
During the period between the action of the commission and
the adjournment of the next succeeding regular meeting of
the council, any person may appeal such action to the city
council. Such appeal shall be in writing and shall be filed
with the city clerk. During the same period, the council,
upon the request of any member, shall suspend the order of
the commission for the purpose of reviewing the action."
Section 3. Section 25.16.080 of said Code is amended to read
as follows:
"25.16.080 Review by council.
At its next regular meeting following the appeal or the
suspension by the council, or at any meeting thereafter to
which the matter may be continued, the council shall conduct
a hearing thereon. After having held such hearing the council
shall make and file its order determining the matter and may
approve, disapprove, or modify the order of the commission."
Section 4. Section 25.16.nog
is hereby added to said Code to
read as follows:
"25.16.085. Effect of decision.
The determination and order of the commission, or, if
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aVVeal or review is had under the foregoing provisions, the
determination and order of the council, is final and conclu-
sive upon the applicant. No same or similar application with
reference to the same premises shall be filed for a period
of one year from the date of the order."
Section 5. Section 25.16.140 of said Code is hereby amended
to read as follows:
"25.16.140
Revocation
or suspension
of
use
permit
or
variance.
(a) Grounds. The planning commission may revoke,
suspend or modify any variance or conditional use permit
previously granted or issued on any one or more of the
following grounds:
(1) That the approval was obtained by fraud or misrepre-
sentation;
(2) That the use for which such approval was granted is
not being exercised;
(3) That the use for which such approval was granted has
ceased to exist or has been suspended for one year
or more;
(4) That the conditional use permit or variance is being,
or has been, exercised contrary to the terms or
conditions of such approval, or in violation of any
statute, ordinance, law or other regulation;
(5) That the use for which the approval was granted
was so exercised as to be detrimental to the public
health, safety or welfare or so as to constitute a
nuisance.
(b) Notice, No variance or use permit shall be revoked or
suspended until a hearing is held by the planning commission.
Written notice of such hearing shall be served upon the
permittee, either nersonally or by renistered mail, and shall
state:
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(1) The grounds for complaint or reasons for the re-
vocation or suspension;
(2) The time when, and the place where, such hearing is
to be held. Such notice shall be served on permittee
at least ten days prior to the date set for said
hearing.
(c) Notice to Property Owners. The city clerk shall cause
notice to be given as provided by section 25.16.050.
At any such hearing the permittee shall be given an
opportunity to be heard and he may call witnesses and present
evidence in his behalf. Upon conclusion of such hearing the
planning commission shall determine whether or not the permit
or variance shall be suspended or revoked. Such determination
may be appealed to the city council in the same manner as
provided hereinabove for appeals taken on applications for
the granting of variances and permits."
Section 6. Section 25.30.030 of said Code is hereby amended
to read as follows:
"25.30.030 Conditional use requiring a special permit.
The following uses are conditional uses requiring a special
permit:
1. All
uses allowed
with
a
permit
in
the
R-1
district
and
subject
to the
same
restrictions
and limitations.
2. Community clubhouses."
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Section 7. Section 25.31.030 of said Code is amended to read as
follows:
"25.31.030. Conditional uses requiring a special permit.
The following are conditional uses requiring a special permit:
All
uses allowed
with
a
special permit in
an
R-1
District
and
subject
to the
same
restrictions and
limitations.
2. Child care centers, kindergartens.
3. Homes for aged, convalescent homes, nursing homes, all
subject to such regulations as may be provided by state
law for the conduct of the respective uses. The number
of persons housed in any permitted home for the aged,
convalescent home or nursing home within an R District
shall not exceed one person per each one thousand square
feet of lot area within the property in addition to the
owner or manager and his family."
Section 8. Section 25.32.030 of said Code is amended to read as
follows:
"25.32.030 Conditional uses requiring a special permit.
The following are conditional uses requiring a special permit:
1. All uses allowed with a special permit in the R-1 and
R-2 districts and subject to the same restrictions and
exceptions.
2. Parking areas.
3. Rooming or boarding houses, provided, however, that no
rooming or boarding house permit may be granted unless
the commission shall determine that all following con-
ditions are met:
(a) No more than eight paying guests shall be permitted
in one building,
(b) Separate and adequate sanitary facilities shall be
provided for each sex,
(c) State and local laws for access and egress must be
observed, including the provision of necessary fire
escapes,
(d) One garage space shall be provided for each rented
room for the first four rooms, and one additional
space shall be provided for each additional two rooms,
(e) When common kitchen and eating facilities are provided
as part of the house service, such services shall be
limited to the residents of the boarding house,
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(f) Not more than one identification sign, which shall not
exceed two square feet in size, may be displayed on the
property.
4. Group residential facilities for the elderly.
5. Any
structure
that
is
more
than
thirty-five
feet in
2.
height."
Section
9. Section
25.34.030
Hospitals, sanitariums,
and similar uses, but
nursing
excluding
of said
Code is
amended
to
read as
follows:
"25.34.030 Conditional uses requiring a special permit.
The
following are -conditional:
similar
uses requiring a special permit:
1.
All uses permitted
tricts and subject
with a
to the
permit in the R-1, R-2 and R-3 dis-
same restrictions and limitations.
2.
Bungalow courts, court
apartments
and similar uses.
3.
Hospitals, sanitariums,
and similar uses, but
nursing
excluding
or convalescent homes,
animal hospitals.
4.
Private schools, childcare
but excluding trade
schools.
centers, music or dancing schools,
5.
Club, associations
and similar
uses.
6.
Apartment hotels.
7.
Any structure that
is more
than thirty-five feet in height."
Section 10. Section 25.34.040
of said Code is amended to read as
follows:
"25.34.040 Bu9lding regulations.
All building regulations required in R-3 districts shall apply
with the following exceptions which shall require a special permit:
Bungalow
composed
courts, court apartments, and
of two or more detached dwellings
similar
uses may
on the same
be
lot."
Section 11,
Section 25.36.030 of said
Code
is amended
to read as
(follows:
"25.36.030 Conditional uses requiring a special permit.
The following are cononal uses requiring a special permit:
1. Uses permitted with a special permit in R districts.
2. Public garages.
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3. Gasoline service stations, subject to regulation prescribed
herein.
4. Transportation terminal, depot, station ticket office, and
any building or structure used for the accommodation
of passengers.
5. Parking lots, subject to regulations prescribed herein.
6. Mortuary.
7. Other uses similar in character to those enumerated in
this section which will not be obnoxious or detrimental
to the neighborhood in which they are located.
8. Any structure that is more than thirty-five feet in height."
Section 12. Section 25.36.040 of said Code is amended to read as
follows:
"25.36.040 Prohibited uses.
The following uses are prohibited in the C-1 districts:
1. Uses of an industrial nature, including, but not limited
to junkyards and automobile wrecking establishments.
2. Any use which may be determined by the commission to be
obnoxious or offensive because of emission or presence of
odor, dust, smoke, gas, bright lights, vibration, or noise,
or have a detrimental effect on permissible adjacent uses.
3. Roof signs."
Section 13, Section 25.38.030 of said Code is amended to read as
ifollows:
"25.38.030 Conditional uses requiring a special permit.
The following are conditional uses requiring a special permit:
All uses
permitted in C-1 districts
for
which a permit is
required
in such districts,
except public
garages, and subject
to the same restrictions and
exceptions."
Section 14. Section 25.41.025 of said Code is amended to read as
';follows:
"25.41.025 Conditional uses requiring a special permit.
The following are conditional uses requiring a special permit:
1. Buildings and structures that exceed thirty-five feet in
height when located within one hundred feet of the San
Francisco Bay shoreline, or area that is within the juris-
diction of the San Francisco Bay Conservation and Develop-
ment Commission (BCDC).
2. All buildings and structures that exceed fifty feet in
height.
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3. Projects having a floor area ratio of more than one
(FAR that exceeds 1.0)."
Section 15. Section 25.42.030 of said Code is amended to read as
follows:
"25.42.030 Conditional uses requiring special permit.
The
following are conditional uses requiring a special permit:
1.
Airplane or airplane engine manufacturing or repairing.
2.
Airports or aircraft landing fields, including heliports.
3.
Animal hospitals or kennels.
4.
Building materials storage and wholesaling.
5.
Contractor's storage yard.
6.
Commercial recreation establishments, including, but not
limited to, outdoor theatre, archery, skating, bowling.
Facilities provided may include sale of food and beverages.
7.
Establishments for sale of goods or services at retail.
8.
Foods for animals, processing and packing.
9.
Gasoline and oil storage, wholesale.
10.
Hotels and motels. Facilities provided may include meal
and beverage service, barber and beauty shops, smokeshops
and similar services which are clearly incidental to the
providing of lodging accommodations.
11.
Lumberyard or planing mill, provided that disposal and
storage of sawdust and wood wastes shall be so controlled
as not to create a nuisance.
12.
Office buildings.
13.
Trucking, truck storage, motor freight terminals.
14.
Any use similar in nature to one for which a permit is
required in this or any other district.
15.
A permit shall be required for any use requiring outdoor
treatment or processing of materials and the planning
commission may determine reasonable provisions to carry
out the intention of this title.
16.
Any use with a structure that is more than thirty-five
feet in height.
17.
Any use with a struture that covers more than sixty per
cent of the lot area."
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Section 16, Section 25.44.030 of said Code is amended to read as
follows:
"25.44.030 Conditional uses requiring a special permit.
The following are conditional uses requiring a special permit:
1. No heavy industrial use shall be permitted without a
determination by the planning commission that the use
does not constitute a nuisance by reason of the emission
or presence of odor, gas, dust, noise, bright lights, smoke,
or vibration and that the requested use does not have a
detrimental effect on permissible adjacent uses.
2. Trailer courts or camps."
Section 17. Section 25.45.030 of said Code is amended to read as
follows:
"25.45.030 Conditional uses requiring special permit.
The following are conditional uses requiring a special permit:
1. Electronic devices or installations for the guidance or
safety of air transportation.
2. Any permanent structure permanently affixed to the land."
Section 18. 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 con-
ditions 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
use of the property; the type or nature of the buildings; plans there-
for; 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
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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 of the fol-
lowing is true:
(a) That there are exceptional or extraordinary circumstances
applicable to the property or class of uses in the district, so that
a denial of the application would result in undue property loss;
(b) That such variance would be necessary for the preservation
and enjoyment of a property right of the owner of the property
involved;
(c) That the granting of such variance would not be materially
detrimental to the public health, safety or welfare, or injurious
to the property or improvements of other property owners, or the
quiet enjoyment of such property or improvements;
(d) That the granting of such variance will not adversely
affect the comprehensive zoning plan of the city."
Section 19. Section 25,72.020 of said Code is hereby amended to
read as follows:
"25.72.020 Conditional uses requiring a special permit.
The following, in addition to any other conditional uses, are
conditional uses requiring a special permit:
1. Buildings and structures exceeding .thirty-five feet in
height.
2. Structures that cover more than seventy-five per cent of
the total lot area.
3. Buildings that have a gross floor area of more than fifteen
thousand square feet."
Section 20. Sections 25.54.010 and 25.54.030 of said Code are
hereby repealed.
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Section 21. This ordinance shall be published as required by law.
A.C."Bud"Harrison
rrisonayor ; �,
I, EVELYN H. HILL, City Clerk, do hereby certify that the fore-
going ordinance was introduced at a regular meeting of the City Council held
on the 7rh day of June, 1976, and adopted thereafter at a regular meeting
of the City Council held on the 6th day of Jul, 1976, by the following
vote:
AYES: COUNCILMEN: Amstrup-Crosby-Narrison�Martn''
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Mangini
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City Perk