HomeMy WebLinkAboutOrd 187510
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0I UM LM � V Lw� Kvx&�411A rA
ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 22 OF THE MUNICIPAL CODE
(SIGN CODE) AND AMENDING TITLE 25 OF THE MUNICIPAL CODE (ZONING CODE) TO AMEND
THE REGULATIONS FOR THE APN (ANZA POINT NORTH) ZONING DISTRICT
The CITY COUNCIL OF THE CITY OF BURLINGAME does hereby ordain as follows:
Section 1. On April 51 2004, the City Council adopted the Baytront Specific Plan as an
amendment to the General Plan to provide a framework for future development within the Bayfront area.
On April 17, 2006, the City Council adopted an ordinance which created the APN (Anza Point North)
zoning district within the Bayfront area. On August 21, 2006, the City Council amended the Bayfront
Specific Plan to clarify land use designations and design guidelines.
An application has been submitted far development of an 18.13 acre site located at 300 Airport
Boulevard, within the APN zoning district, to construct an office/life science campus. As a part of this
application, requests have been made to amend the zoning code for the APN zoning district and to
amend Title 22 (the sign code) as it relates to the number of freestanding monument signs allowed on
parcels with a frontage length which exceeds 300 feet within the SL, AA and APN zoning districts.
This ordinance would revise the sign code to allow additional freestanding monument signs in the
SL, AA and APN zoning districts on parcels which exceed 300 feet in frontage length. Within the APN
zoning district, this ordinance would increase the allowable floor area ratio (FAR) for office and
commercial recreational uses from 0.6 and 0.5 FAR respectively to 1.0 FAR, would permit retail uses and
incidental food establishments in business campuses or professional buildings of 20,000 square feet or
more, would amend the requirements for front setback and setbacks from the shoreline, would amend the
height regulations to require that height be determined by the impact on the prevailing wind and
consistency with the community wind standards, would amend the design review criteria for the APN
district, and would allow for a reduction in on-site parking for projects which propose a transportation
demand management program.
Section 2. A Final Environmental Impact Report (FEIR) has been prepared and certified as
completed in accordance with the California Environmental Quality Act (CEQA), as reflecting the
ndapendent judgment and analysis of the City and the CEQA findings have been adopted as required, al
as more particularly set forth in City Council Resolution No. 43-2012 adopted prior to this ordinance,
which evaluates, among other things, the significant and potentially significant impacts of the
development, the cumulative impacts of the development, the alternatives to the proposed Project and
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the significant and unavoidable impacts and includes a statement of Overriding Considerations setting
forth, on balance, how the benefits of the Project outweigh the significant unavoidable impacts.
The City Council has reviewed and considered the documents constituting the Final
Environmental Impact Report (FEIR) and received testimony regarding the FEIR at public hearings. The
FEIR contains additions, clarifications, modifications and other information in its Responses to Comments
on the Draft EIR, and such additions, clarifications, modifications and other information are not significant
new information as that term is defined under CEQA. On the basis of the FEIR documents and
comments received and addressed by this Council, it is hereby found that the City Council has reviewed
and considered the FEIR and hereby incorporates by reference the provisions of Resolution No. 43-2012
certifying the FEIR and adopting findings.
Section 3. Section 22.20.040 of Chapter 22.20 is amended to read as follows:
22.20.040 Freestanding signs.
(a) In addition to the total sign area allowed under Section 22.22.030 above, one two-sided
freestanding monument sign shall be permitted on each parcel frontage of at least one hundred -fifty (150)
feet in length, or, for parcels which exceed three hundred (300) feet in frontage length, one two-sided
free-standing monument sign for every one hundred -fifty (150) feet of frontage, based on the following
criteria and subject to the standards in Chapter 22.34:
Street on which Parcel
Maximum Height
Maximum Sign
Area for Monument
Sign
Frontage is Located
22.22.030, one freestanding
monument sign
at
a height
of
Airport Boulevard
8 feet
75 square feet per
side
150 square
feet
total area
Bayshore Highway
8 feet
75 square feet per
side
150 square
feet
total area
All other Streets (local)
8 feet
40 square feet per
side
80 square feet
total area
(b) Monument Sign Incentive. In order to promote monument signs in this district, two-sided
monument signs are considered to be one sign and in measuring total sign area, only one side of the s
is included in the calculation.
(c)
In
addition
to
the
total sign area allowed under Section
22.22.030, one freestanding
monument sign
at
a height
of
not
more than eight (8) feet and with a maximum sign area of twenty-five
(25) square feet per side (a maximum of fifty (50) square feet total) shall be permitted on each parcel
frontage of less than one hundred -fifty (150) feet in length.
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Section 4. Chapter 25.48 is amended to read as follows:
Chapter 25.48 ANZA POINT NORTH I
25.48.010 Scope and purpose of regulations.
It is the purpose and policy of this chapter to establish and maintain land uses for the northern
portion of the area designated as the Anza Point subarea in the Bayfront Specific Plan. The Anza Point
subarea lies east of Sanchez Channel, is bounded on two sides by San Francisco Bay and by US 101 on
the south side. The Anza Point subarea is divided into two sections: the northern one of currently vacant
and served by Airport Boulevard. These provisions address the Anza Point North area which include all
the properties north of Beach and Lang Road with frontage on Airport Boulevard. The purpose of these
regulations is to direct the siting and development of structures which adhere to the development policies
and adopted design guidelines of the Bayfront Plan in general and to the properties in the north portion of
the Anza Point subarea specifically. The intention is to attract development which will benefit from the
proximity to the open water areas of San Francisco Bay and its estuaries, will support public recreation
and access along San Francisco Bay, and will protect this irreplaceable natural and recreation resource.
Future development consistent with the Bayfront Specific Plan will create a viable transition from the
heavy commercial uses along US 101 to the visitor oriented and office uses with Bay orientation to be
developed on the vacant land at the north end of the Anza Point subarea, establish a bayside gateway to
Burlingame on its eastern end, and contribute to the revenue base of the city. In creating this district, the
city asserts that economic as well as aesthetic advantages accrue to the land, its occupants and the
public from the required controls and regulations.
25.48.020 Permitted uses.
The
following uses
are permitted
in the Anza Point
North district:
(a)
Motels and
hotels with a
maximum density
of eighty-five
(85) rooms to the acre and a
floor area ratio of 1.0 or less; facilities provided on site may include such retail sales and personal service
uses as meal and beverage services, barber and beauty shops, smoke shops, and shuttle bus service to
serve only hotel guests so long as the operation does not use parking required for primary hotel use,
convention and meeting facilities, and similar services which are clearly incidental and accessory to
provision of lodging accommodations; and no more than one dwelling unit within the motel or hotel
structure that is used exclusively by the owner or manager of the motel or hotel;
(b) Restaurants with a maximum floor area ratio of 0.15;
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(c)
Office uses with a maximum floor
area ratio of 1.0, including
research
and development
facilities and
laboratories; however, manufacturing
is not allowed, and health
services
or medical clinics
are only allowed pursuant to Section 25.48.025 of this chapter;
(d) Training facilities associated with and related to a primary activity of research and
develoV ment facilities located in the Anza Area, Anza Point North, or Anza Point South district;
(e)
Commercial recreation facility with a
maximum
floor area ratio of 1.0; these
facilities may
nclude the sale
of merchandise and items which are
related to
the principal use that do not
exceed a tots
of one thousand
five hundred (1,500)
square feet of
support retail
sales area located within the facility;
(f)
Publicly owned
recreation areas;
twenty thousand (20,000) square feet or more, where the food
establishment is not the
(g) Adult oriented businesses that meet all of the requirements of Chapters 25.76 and 10.58
of this code;
(h)
Accessory uses which are necessary for
the permitted uses under this section; and
(i)
Incidental food establishments and retail
uses in business
campuses or professional
buildings of
twenty thousand (20,000) square feet or more, where the food
establishment is not the
primary use of the building or structure.
25.48.025 Conditional uses.
The following are uses requiring a conditional use permit:
(a) Commercial recreation facilities including gymnasiums with a floor area ratio of more thar
0.5 or that include a total space of more than one thousand five hundred (1,500) square feet of recreation
business related merchandise which are related to the principal use in the facility;
(b)
Educational institutions, trade and technical
Commercial parking
lots as an interim use as
is described in the
Bayfront
Specific Plan
as adopted
by
the city council, which
comply with at least the
following criteria:
(1) The sole purpose of the use is the parking for one day or longer of vehicles of persons
using San Francisco International Airport, and
(2) A minimum lot size of three (3) acres, and
(3) Permit term limited to five (5) years, and
(4) No more peak hour vehicle trips are generated than allowed by the traffic analyzer for
use designated for the site in the general plan;
(c) Day care with on-site drop-off and parking as required by Chapter 25.70 of this code;
(d)
Educational institutions, trade and technical
schools
in buildings with twenty thousand
(20,000) or
more gross square footage, with all educational
uses in a
single building occupying no more
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than a total of ten thousand (10,000) gross square feet and whose trip generation as calculated using the
Bayfront traffic analyzer is no greater than that of a use permitted on the same site;
(e) Extended stay hotels;
(f) Motels and hotels with more than eighty-five (85) rooms to the acre or with a floor area
ratio of more than 1.0; facilities provided on site may include such retail sales and service uses as meal
and beverage services, barber and beauty shops, smoke shops, and shuttle bus service to serve only
hotel guests so long as the operation does not use parking required for primary hotel use, convention and
meeting facilities, and similar services which are clearly incidental and accessory to provision of lodging
accommodations, including park and fly programs associated with the letting of hotel rooms which does
not impact the availability of on-site parking for guests and the use and parking for any on-site meeting
facilities; and no more than one dwelling unit within the motel or hotel structure that is used exclusively by
the owner or manager of the motel or hotel;
(g) As part of a hotel or motel use, an automobile rental desk or a park and fly program
associateA
with renting of rooms and that does not affect the availability of on-site parking for hotel or
motel guests and the use and parking for any on-site meeting facilities;
(h) Health services and medical clinics that do not exceed five thousand (5,000) square feet
total in office structures over twenty thousand (20,000) gross square feet, with parking as set forth in
Section 25.48.080 of this chapter;
(i) Any building, structure or site plan that does not comply with the adopted design
guidelines in the Bayfront Specific Plan for the Anza Point subarea as established by resolution of the
council;
Q) Drive-in services or take out services associated with permitted and conditional uses;
(k) Any use similar in nature to one which is permitted or for which a permit is required in
district that is:
(1) Consistent with planned land uses in the Anza Point subarea, and
(2) At a density determined not to exceed the trip generation for the planned use of the site
using
the adopted Bayfront traffic analyzer.
(Ord. 1780 § 2 (part),
(2006))
25.48.027
Hours for health service uses
and conditional use
permit.
A health service use shall be limited to the hours of 7:00 a.m. to 9:00 p.m. unless a conditional
use permit is approved by the planning commission pursuant to Chapter 25.52 to allow use outside those
hours. The hours limitation imposed by this section does not apply to an occasional medical emergency
at a health service use.
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25.48.030
Prohibited uses.
Uses
not listed as permitted or conditional shall be prohibited, including:
(a)
Automobile rental uses;
(b)
Automobile dealers and sales lots;
(c)
Automobile wrecking and junk yards, storage or baling of scraps, paper rags, sacks, or
metals, including recycling facilities for green waste and other materials;
(d)
Commercial parking lots except as expressly allowed pursuant to Section 25.48.025(c) c
this chapter;
(e)
Retail sales uses except as expressly allowed within the uses designated in Section
25.48.020
or
25.48.025 of this chapter;
(f)
Service businesses, except as expressly allowed within the uses designated in Section
25.48.020
or
25.48.025 of this chapter;
(g)
Personal services, except as expressly allowed within the uses designated in Section
25.48.020
or
25.48.025 of this chapter;
(h)
Air courier, delivery or other trans -shipment services, including freight forwarding;
(i)
Free standing specialty food establishments or any specialty food establishment with
direct
external access within any building;
0)
Warehouse, storage and distribution of goods, materials, liquids and equipment;
(k)
Outdoor storage of materials including contractors storage yards;
(1)
Health services and medical clinics, except as expressly allowed under Section
25.48.025
of
this chapter;
(m)
Industrial and manufacturing uses;
(n)
Massage, bathing or similar establishments;
(o)
Residential uses and buildings, except for an owner/manager residence in a hotel or
motel
as expressly
allowed under Section 25.48.020 or 25.48.025 of this chapter;
(p)
Gasoline service stations and major and minor automobile repair, including auto body
work;
(q) Time-share property;
(r) Any use determined to be obnoxious or offensive.
25.48.040 Setbacks.
The following minimum setbacks shall apply to all parcels, buildings and structures or any
enlargement thereof located in the district:
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(a)
Front Setback. Structures shall
be set back a minimum of ten feet.
(b)
Side Setback. There shall be a
ten (10) foot side
setback.
(c)
Distance Between Buildings. To provide useable
wind -sheltered outdoor area and to
V rovide a
visual
connection
to the Bay
Trail,
there shall be a distance of at least twenty
(20) feet between
buildings
on the
same lot.
average of sixty-
(d)
Rear Setback.
Structures
shall be set back at least ten
(10) feet from rear property line.
(e)
Setbacks from
Shoreline.
In any event, structures shall
be set back an
average of sixty-
five (65) feet from Sanchez Channel and seventy-five (75) feet from San Francisco Bay and the shoreline
as defined by the Bay Conservation and Development Commission; in addition, for any building within
100 feet of the shoreline that is forty (40) feet or taller, the setback of the building to the shoreline shall be
equal to or greater than the height of the building.
(f) Below grade construction adjacent to Airport Boulevard shall accommodate landscape
plantings within the required setback consistent with landscape plans approved pursuant to section
25.48.050.
(g) No parking spaces shall be provided within the ten (10) foot minimum setback across the
lot front on any property. Driveways are allowed in the setback, but the driveways shall not be considered
as landscaped area. Parking areas located between any structure and
the lot
front other than loading
zones shall be separated from the
sidewalk by a landscaped buffer of
at least
ten (10) feet average width
including walkways. Placement of
parking shall be consistent with the
design
guidelines for the Anza
Point subarea.
25.48.042 Height and bulk of structures.
(a) Maximum height shall be determined by impact on the prevailing wind and consistency
with the community wind standards for the Anza Point North area.
(b) Maximum bulk and mass shall be determined by the floor area ratio established in the
Bayfront Specific Plan for the land uses in the Anza Point subarea. Where no floor area ratio is provided,
mass and bulk shall be based on the adopted design guidelines, the development constraints
documented in the Bayfront Specific Plan, and the zoning regulations where the property is located.
25.48.045 Minimum lot size and street frontage.
There shall be a minimum lot size of two (2) acres and a minimum street frontage of one hundred
fifty (150) feet. No property in the district may be divided or subdivided into a lot with less area or less
street frontage.
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25.48.048 No variance for lot size or street frontage.
Notwithstanding any other provision of this code, no variance for lot size or street frontage shall
be granted to any property within this district.
25.48.050 Landscaping.
The following landscaping requirements shall apply to all lots:
(a) The landscape requirements of the design guidelines for the Anza Point subarea of the
Bayfront Specific Plan as adopted by the city council shall be met; and
(b) A minimum of ten (10) percent of the parking area shall be landscaped; and
(c) A minimum of eighty (80) percent of the front setback shall be landscaped; and
(d) A minimum of forty (40) percent of the lot area within the Bay Conservation and
Development Commission jurisdiction shall be landscaped.
25.48.052 Design review.
Construction and alterations including substantial construction or change to more than fifty (50)
percent of the
front fagade or
change to more than
fifty (50)
percent
of any fagade facing a public or
private street,
parking lot, or the Bay Trail shall be
subject to design
review based on the design
guidelines for
the Anza Point
North subarea of the
Bayfront
Specific
Plan and shall be processed as
provided in Section 25.57.030 of this title.
(a) A design review application in the APN district shall be reviewed by the planning
commission for the following considerations:
(1) Support of the pattern of diverse architectural styles as defined in the design guidelines
for the Anza Point subarea and the role of the shoreline in creating a network of interconnected open
spaces;
(2) Respect and promotion of the streetscape by the placement of buildings to maximize the
pedestrian use of street frontage, off-street public spaces , and by locating parking so that it does not
dominate street frontages, and for properties fronting on Airport Boulevard, that the design is sensitive to
the surrounding bodies of water, physical and visual presence of the Bay Trail, orientation of the
prevailing winds and to the
Coyote Point recreation area;
k
On visually
prominent and sites with shoreline as defined by the
Bay Conservation and
Development
Commission,
the design shall fit the site, support the Bay Trail and
its park and recreational
uses, provide for maximum user access and support recreational use by those who work in the area as
well as those who visit; and the design is compatible with the surrounding development and consistent
with the design guidelines for the Anza Point subarea;
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(4)
Compatibility of the architecture and landscaping with the design
guidelines for the
Anza
Point subarea
including materials used in existing development, location and use
of plant materials,
and
compatibility with transitions where changes in an use occur nearby;
(5) Architectural design consistency by using a single architectural style on the site that is
consistent
among primary elements of
the structures)
and consistent with the directives of the design
guidelines
for the Anza Point subarea;
and
commercial
(6) Provision of site features identified in the design guidelines such as orientation to
minimize wind obstruction on San Francisco Bay, landscaping, and pedestrian circulation which enriches
and enhances the existing
recreation opportunities of the area, including extension of the
Bay Trail.
(b)
When any
part of a commercial structure is subject to design review, any
awnings on the
commercial
structures shall
be included in the design review.
(c)
Exemptions
from design
review:
(1)
Applications
for building
permits or planning approvals for development in the Anza Point
North district filed before May 17, 2006;
(2) Any amendment to a project exempt from design review pursuant to subsection (1) abov
shall be subject to design review if the project involved would have otherwise been subject to design
review under subsection (a) above, the project has not been completed, and the amendment would
extend any structure involved in the application outside the envelope of the structure for which the
approval was granted or sought in the underlying application or would change a facade. Changes to,
additions of, or deletions of awnings as an amendment to a project shall not trigger design review under
this subsection.
25.48.060 Public access.
Public access shall be maintained and developed based on the city -adopted and Bay
Conservation and Development Commission -approved Public Access Guidelines for Burlingame based
on the applicable water frontage as follows:
(a) On San Francisco Bay proper: An average setback of seventy-five (75) feet of the lot as
measured from the shoreline as defined by the Bay Conservation and Development Commission; in no
cases a
the area as measured from the top of bank be less than the minimum width for the Bay Trail
required by the Bay Conservation and Development Commission; and
(b) On Sanchez Channel: An average setback of sixty-five (65) feet as measured from the
shoreline as defined by the Bay Conservation and Development Commission; in no case shall the area
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measured from the top of bank be less than the minimum width for the Bay Trail as required by the Bay
Conservation and Development Commission.
(c) All areas improved for public access within the jurisdiction of the Bay Conservation and
Development
Commission shall be
maintained by the
property owner and shall be available to the public
n perpetuity as determined by the
Bay Conservation
and Development Commission.
25.48.080
Parking requirements.
All
uses shall provide parking
in accordance with the applicable
provisions of Chapter 25.70 of
this code with the following changes or additions:
(a) Food Establishments.
(1) Food establishments that are the primary use of the lot shall provide the following:
(A) Customer parking shall be provided on-site at the rate of one parking space for each one
hundred (100) square feet of gross floor area; and
(B) In addition, employee parking shall be provided on-site or within reasonable proximity, in
the judgment of the director of community development, at the rate of one car space for each one
thousand (1,000) square feet of gross floor area;
(2) Food establishments that are located in an office building of twenty thousand (20,000)
square feet or more or that are not the primary use of the lot shall provide parking on-site at the rate of
one parking space for each three hundred (300) square feet of gross floor area of food establishment.
(b) Instructional Uses. Instructional uses related to a permitted or conditional use shall
provide parking on-site at the rate of one space for each three hundred (300) square feet of gross floor
area.
(c) Health Services and Medical Clinics. Health services and medical clinic uses shall
provide parking on-site at the rate of one parking space for each three hundred (300) square feet of gross
floor area occupied by the uses.
(d) Bay Trail Parking. On sites with frontage on San Francisco Bay and its estuary including
Anza Lagoon, Sanchez Channel, and Burlingame Lagoon,
the Bay Conservation and Development
Commission shall determine the number of on-site parking spaces to be designated for public Bay Trail
access parking; these on-site spaces shall be designated from the required parking for the site, shall be
available to the public without charge during the hours that the Bay Trail is open, and shall be posted as
public access parking by the property owner as required by the Bay Conservation and Development
Commission.
(e) Hotels. A hotel shall provide one additional, designated parking space for a shuttle bus.
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(f) Transportation Demand Management. Where a project proposes a transportation
demand management (TDM) plan for a demand -generating use, the minimum requirements specified for
that use in Chapter 25.70 may be reduced by the amount of parking demand offset by the approved TDM
plan. The reduction in required parking spaces shall be determined by the Community Development
Director.
Section 5. This ordinance shall be published as required by law. sa
I, MARY ELLEN KEARNEY, 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 4th day of June,
2012 and adopted thereafter at a regular meeting of the City Council held on the 18th day of June, 2012,
by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
C ty Clerk
S:IBurlingame PoinflCC Reports-Ordinances&ResolutionslZoning Code AmentlmenflCC Ord Burlingame Point.Zoning Code Amend docx May 31,
-11