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HomeMy WebLinkAboutOrd 18631 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 1863-2011 ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 25 OF THE BURLINGAME MUNICIPAL CODE TO IMPLEMENT THE BURLINGAME DOWNTOWN SPECIFIC PLAN The CITY COUNCIL OF THE CITY OF BURLINGAME does hereby ordain as follows: Section 1. In 2010, the City Council adopted the Burlingame Downtown Specific Plan to provide a framework for future development within the downtown area. This ordinance implements the Downtown Specific Plan by updating the zoning regulations within this area, and creating new districts to implement the vision of the plan. Section 2. The updates of the zoning regulations to implement the Downtown Specific Plan were considered as an implementation program contained in the Downtown Specific Plan. The potential environmental impacts of implementation of the Burlingame Downtown Specific Plan were reviewed in Mitigated Negative Declaration No. ND -555-P. This document determined that with mitigation, no adverse environmental impacts would result from implementation of the policies and programs outlined in the Downtown Specific Plan, and the Mitigated Negative Declaration and plan were approved by the City Council on October 4, 2010 by Resolution No. 73-2010. There is no new information or significant development which has occurred in this area since the approval of the Mitigated Negative Declaration which would result in a change in this determination. Section 3. Section 25.08.160 is repealed. Section 4. Section 25.08.264 is amended to read as follows: 25.08.264 Financial institution. "Financial credit on, institution" means: (a) A state licensed bank, national bank, savings and loan association, savings bank, federal industrial loan company or finance company and money machines associated with them; ME (b) A financial institution installed in another business, whether financially independent or not, shall be considered a financial institution, and required to meet all requirements of Title 25 for financial institutions. (c) Free standing automatic teller machines (ATMs) or similar machines dispensing currency and other items for cash or debit shall not be considered financial institutions. (d) Investment advisors or brokers, as defined in Section 25.08.388, shall not be considered financial institutions, and shall be considered general office uses. Section 5. Section 25.08.392 is added to read as follows: C:IDocuments and SettingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 125.08.392 Limited Corner Store Retail. "Limited corner store retail" means a retail establishment to serve a residential area. with no than 2000 square feet of gross floor area, which sells primarily food products, household items, newspapers and magazines. A corner store may offer freshly prepared foods for on-site consumption or take-out, but the food preparation and dining space shall not exceed twenty (20) per cent of the store's gross floor area. Corner store retail need can be either located on a corner lot ormid-block. Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. Section 6. Section 25.08.398 is added to read as follows: 125.08.398 Live/work unit. "Live/work unit" means a single unit (e.g., studio, loft orone-bedroom) consisting of both a commercial/office and a residential component that is occupied by the same resident. The live/work unit shall be the primary dwelling of the occupant. Section 7. Section 25.08.495 is amended to read as follows: 25.08.495 Office. "Office" means a room or group of rooms used for conducting the affairs of a business, profession, service, industry or government; unless specifically excluded, it includes investment advisors or brokers, health services, and real estate offices. Section 8. Section 25.08.497 is added to read as follows: 25.08.497 Optician. "Optician" means a business which makes and sells prescription eyewear and contact lenses. optician shall be considered a retail use, and may include no more than two optometrist examination rooms as an ancillary use. Section 9. Section 25.08.552 is amended to read as follows: 25.08.552 Real estate. "Real estate" means the occupation of real estate broker or agent, title insurance, mortgage broker or similar business. Real estate investment, real estate management, or real estate developer shall not be considered a real estate use, and shall be considered a general office use. Section 10. Chapters 25.28 through 25.38 are repealed. New Chapters 25.26 through 25.38 are � added as follows: Chapter 25.26 R-1 DISTRICT REGULATIONS Sections: 25.26.010 Scope of regulations. C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.0ut1ook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 25.26.020 Scope of regulations. The Permitted uses. 25.26.030 Permitted uses. The Conditional uses 25.26.035 Scope of regulations. The Uses allowed with a special permit. 25.26.037 Permitted uses. The Prohibited uses. 25.26.040 One building designed and used as a single-family dwelling; (b) Design review and hillside area construction permit. 25.26.050 Accessory buildings, structures or uses including private garages, parking spaces, greenhouses, lath houses, playhouses, sheds, swimming pools and accessory buildings to serve such Lot dimensions and lot requirements. 25.26.060 Home occupations as defined in this title; (e) Height limitations. 25.26.065 Storage of any trailer provided that no trailer shall be stored or permitted to be stored on that part of any lot or parcel of land upon which the construction of buildings is prohibited, and provided Lot coverage. 25.26.070 quarters. Floor area ratio. 25.26.072 The following are conditional uses requiring a conditional use permit: Setback lines. 25.26.073 Exceptions. 25.26.075 Declining height envelope. 25.26.080 Interior access. 25.26.090 Multiple lots developed with a single structure. 25.26.010 C:IDocuments and SettingslmkeameylLocal Set[ingslTemporary Scope of regulations. The regulations of this chapter shall apply to all R-1 Districts. 25.26.020 Permitted uses. The following uses are permitted in the R-1 districts: (a) One building designed and used as a single-family dwelling; (b) Public buildings, public parks and playgrounds; (c) Accessory buildings, structures or uses including private garages, parking spaces, greenhouses, lath houses, playhouses, sheds, swimming pools and accessory buildings to serve such swimming pools, but not including group pools or swimming pool clubs; (d) Home occupations as defined in this title; (e) Letting of rooms, with or without meals, to not more than three (3) persons, (f) Storage of any trailer provided that no trailer shall be stored or permitted to be stored on that part of any lot or parcel of land upon which the construction of buildings is prohibited, and provided further, that no person shall use or permit to be used any trailer for the purpose of sleeping or as living quarters. 25.26.030 Conditional uses. The following are conditional uses requiring a conditional use permit: Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 (a) C:IDocuments and SettingslmkearneylLocal SettingslTemporary Churches, convents, parish houses; (b) Schools, public and private, including religious or parochial schools; (c) Plant nurseries and truck gardening, provided that the produce therefrom shall not be retailed and delivered on the premises but may be delivered therefrom; (d) Public utility and public service structures or installations when found by the commission to be necessary for the public health, safety, convenience and welfare. (e) Demolition of a residential structure or an accessory structure thereto, which structure is built over or across two (2) or more legally subdivided lots, and the construction of a structure upon one or more of said lots. See Section 25.26.090. (f) Demolition of a residential structure or any accessory structure thereto, which structure is built on a site consisting of a legally subdivided lot and a portion of another lot which when combined with an adjacent lot will result in more building sites than existed before the demolition of said structures, and the construction of a structure on one or more of said lots. See Section 25.26.090. 25.26.035 Uses allowed with a special permit. The following are uses allowed in the district with a special permit: (a) Attached garages for single family dwelling units. (b) Reduction in the number of parking spaces existing on site. (c) Construction exceeding the limits of the declining height envelope. (d) A detached garage exempt from setback restrictions located within the rear forty (40) percent of the lot. (e) An accessory structure that is in the rear of the lot and that is more than twenty-eight (28; feet in width or depth. (f) A basement with any interior ceiling height of six and one-half (6-1/2) feet or greater. (g) A direct exit from a basement to the exterior of the structure that is anything other than a light or window well. (h) A bathroom (toilet and sink) exceeding twenty five (25) square feet located in a basement. 25.26.037 Prohibited uses. The following uses are specifically prohibited in the R-1 districts: (a) Bathtubs and shower stalls in basements; and (b) Bedrooms in basements. 25.26.040 Design review and hillside area construction permit. Internet FileslContent.Outlook19KF3TVTE1Draff Ordinance -DSP Implementation 09 07 ll.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 z0 21 z2 23 24 25 26 27 28 29 30 31 32 Construction of or additions to second and taller stories of structures in the R-1 districts shall be subject to design review as provided in Chapter 25.57. Certain new construction and additions to residences on lots in specified hillside districts are subject to the requirements of the Hillside Area construction permit as defined in Chapter 25.61. 25.26.050 Lot dimensions and lot requirements. (a) Lot dimensions: (1) Lots of six thousand nine hundred ninety-nine (6,999) square feet or less must have an average width of not less than fifty (50) feet, and all such lots or parcels of land shall have a frontage of not less than fifty (50) feet on a public street; (2) Lots of seven thousand (7,000) square feet to nine thousand nine hundred ninety-nine (9,999) square feet must have an average width of not less than fifty (50) feet, and all such lots or parcel of land shall have a frontage of not less than fifty-five (55) feet on a public street, and (3) Lots of ten thousand (10,000) square feet or more must have an average width of not less than fifty (50) feet, and all such lots or parcels of land shall have a frontage of not less than sixty (60 feet on a public street. (b) Lots facing on a curved street: Lots or parcels which face on the curve of a curved street where the radius of such curvature is less than forty-five (45) feet, may have a lesser frontage than required above, but not less than: (1) Thirty (30) feet for a six thousand nine hundred ninety-nine (6,999) square foot or less to or parcel; (2) Thirty-five (35) feet for a seven thousand (7,000) square foot to nine thousand nine hundred ninety-nine (9,999) square foot lot or parcel; or (3) Forty (40) feet for a ten thousand (10,000) square foot or larger lot or parcel. (c) Lot Sizes Shown on Ordinance 712. On the map adopted by Ordinance 712 and as subsequently amended: (1) All lots shown in white shall have an area of not less than five thousand (5,000) square feet; (2) All lots shown within a border of horizontal crosshatching shall have an area of not less than seven thousand (7,000) square feet; and (3) All lots shown within a border of vertical crosshatching shall have an area of not less that ten thousand (10,000) square feet. C:IDocuments and SettingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTElDraft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 z0 21 22 23 24 25 26 27 28 29 30 31 32 (d) Dedication of Easements to Public Streets. Where frontage on a public street is mpossible or impractical, the planning commission may recommend to the city council an easement or easements providing ingress from and egress to a public street in lieu of such street frontage. In any case, the city of Burlingame shall be made an owner of such easement. Recommendations of acceptar may be conditional. (e) Variances. Variances may be granted, in accordance with the provisions of Chapter 25.54 of this code, only to the provisions of subsections (a), (b), and (c) of this section. (f) Effect on Lots or Parcels Recorded Before 1958. The average width, lot frontage and minimum areas provided for in subsections (a), (b), and (c) of this section shall not apply to any lot or parcel of land of smaller dimensions appearing of record in the office of the county recorder of the county of San Mateo, or of the city engineer of the city of Burlingame, prior to June 18, 1958. No building permit shall be issued for the construction of any building on any lot divided or subdivided after said date which does not comply with the minimum requirements set forth above, except as varied by subsections (d) and (e) of this section. (g) Conformance to This Chapter. All the development requirements of Chapter 25.26 lot dimensions and requirements shall apply to lands hereafter subdivided in accordance with the provisions of the Subdivision Map Act of the state of California; provided, however, that the planning commission and the city council may, in the considerations and acceptance of any tentative or final map submitted pursuant to the provisions of said Subdivision Map Act, approve or accept any such tentative or final map wherein one or more lots or parcels of land do not conform to all of the provisions of Chapter 25.26, when the planning commission and the city council find that by reason of exceptional or extraordinary circumstances the approval or acceptance of such maps will not adversely affect the comprehensive zoning plan of the city. (h) Minimum Lot Size for Lands Annexed After 1960. No lands annexed to the city of Burlingame after May 31, 1960, which are thereupon classified for residential uses shall be divided into lots having areas of less than ten thousand (10,000) square feet each. 25.26.060 Height limitations. (a) No structure in an R-1 district shall exceed two -and -one-half (2-1/2) stories or thirty (30) feet in height, whichever is less, as measured from average top of curb taken from the corners of the lot extended, except as follows: (1) A structure between thirty (30) and thirty-six (36) feet upon approval of a special permit under Chapter 25.51; C:IDocuments and SettingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 (2) A structure of thirty-six (36) feet or taller upon approval of a variance under Chapter (b) Notwithstanding subsection (a) above, on a lot that slopes downward more than twenty- five (25) percent from the front property line toward the rear property line, no structure shall exceed twenty (20) feet in height above average top of curb taken from the corners of the lot extended. (c) Notwithstanding subsection (a) above, on a lot that slopes upward more than twenty-five (25) percent from the front property line to the rear property line, no structure shall exceed thirty (30) feet above average elevation as measured fifteen (15) feet behind the front property line of the lot at the ntersection of the front and side setback lines at each side of the lot. 25.26.065 Lot coverage. The maximum lot coverage for all buildings and structures shall be forty (40) percent, including balconies, stairs, roof overhangs extending more than twenty-four (24) inches, trellises and improvement. which exceed thirty (30) inches in height above adjacent existing grade. The following shall be excepted from lot coverage: (a) measured exterior edge to exterior edge cumulative on a propert Arbors where the maximum roof area as measured exterior edge to exterior edge cumulative on a property does not exceed thirty-two (32) square feet and the maximum height, as measured from adjacent grade does not exceed nine (9) feet. Trellises where the maximum roof area as y does not exceed one hundred (100) square feet and the maximum height, as measured from adjacent grade does not exceed nine and one- half (9-1/2) feet. 25.26.070 Floor area ratio. The maximum allowable floor area ratio based on gross floor area of structures for all construction on lots zoned R-1 shall be: (a) For interior lots with attached garages: thirty-two (32) percent plus one thousand one hundred (1,100) square feet which shall include attached garage and attached covered parking and other accessory structures; (b) For interior lots with detached garages: thirty-two (32) percent plus one thousand one hundred (1,100) square feet plus up to four hundred (400) square feet in a detached single or two (2) car garage and other accessory structures; (c) For corner lots with attached garages: thirty-two (32) percent plus nine hundred (900) square feet which shall include attached garage and attached covered parking and other accessory structures; C:IDocuments and SettingsVnkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 (d) For corner lots with detached garages: thirty-two (32) percent plus nine hundred (900) square feet plus up to three hundred fifty (350) square feet in a detached single or two (2) car garage anc other accessory structures. (e) Maximum home size. The maximum single family residential house size shall be eight thousand (8,000) gross square feet, excluding accessory structures. 25.26.072 Setback lines. (a) Measurement. Measurement of all setbacks shall be from the lot line to the closest wall � any covered projection of any existing or proposed structure. (b) Front setbacks. (1) The minimum front setback to the first floor shall be fifteen (15) feet as measured from the lot front or the average front setback of properties with front setbacks on the same side of the street c that block, whichever is greater. The measurement shall be taken from the front property line to any wall or any covered projection of any existing or proposed structure. (2) Notwithstanding subsection (b)(1) above, the minimum front setback of an attached garage or attached covered parking shall be as follows: (A) Twenty-five (25) feet for a single car garage; (B) Thirt y-five (35) feet for a two (2) -car garage. However, if the garage doors for the two (2) car garage are provided by two (2) single doors, the front setback may be staggered at twenty (20) feet for one door and twenty-five (25) feet for the second door or side-by-side at twenty-five (25) feet. (3) The minimum front setback to a second floor shall be twenty (20) feet. However if the required front setback to all or a port ion of the first floor under the second floor is greater than twenty (20) feet, then the minimum front setback to each portion of the second floor shall be the same as that for the port ion of the first floor immediately underneath it. (4) Notwithstanding subsection (b)(1) above, the minimum front setback to all structures on lots fronting on EI Camino Real shall be twenty (20) feet. (5) Notwithstanding subsections (b)(1), (2), (3), and (4) above, the front setback delineated on any approved subdivision map shall supersede any provision of this chapter. (c) Side setbacks. (1) If front and rear lot lines are equal, the minimum side setback shall be based on the front property line dimension; if front and rear lot lines are unequal, the setback shall be basedon the width of the lot as measured between the midpoints of the two (2) side lot lines. In either case the setbacks based on lot width shall be as follows: C:1Documents and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTEIDraft Ordinance -DSP Implementation 09 07 11.doc Revised June 96, 2091, August 1, 2011 &September 7, 2011 I Side Setback Lines (in feet) 2 Lot Width Feet 3 Lots 42' wide or less 3 4 Lots wider than 42', but less than 51' 4 s Lots 51' wide or more, but less than 54' 5 6 Lots 54' wide or more, but less than 61 6 1 Lots 61' wide or more 7 8 (2) The minimum side setback to second stories shall be based on the declining height 9 envelope. 10 (d) Rear setbacks. 11 (1) The minimum rear setback to the first floor shall be fifteen (15) feet; 12 (2) The minimum rear setback to the second floor shall be twenty (20) feet from the rear 13 property line. 14 (e) Corner lots. is (1) Front and rear setbacks to first and second floors shall be the same as for interior lots. 16 (2) The minimum side setback to the first floor of any structure or accessory structure shall 17 conform to the district minimum for the interior side lot line and shall be seven and one-half (7-1/2) feet or 1s the exterior side lot line; 19 (3) The side setback to the second floor shall average at least twelve (12) feet from the 20 exterior side property line with the following limitations: 21 (A) The second floor shall not be closer than seven and one-half (7-1/2) feet to the exterior 22 side property line; and 23 (B) No more than twenty-five (25) percent of the length of the second floor wall shall be 24 placed in the area between twelve (12) feet and seven and one-half (7-1/2) feet from the exterior side 25 property line; and 26 (C) The second floor side setback along the interior side shall comply with the declining 27 height envelope requirements. 26 25.26.073 Exceptions. 29 (a) The following shall be exceptions to both lot coverage and setback lines: 30 (1) Front entrance stairs and stoops with no roof, a maximum height from existing adjacent 31 grade of three (3) feet, extend up to a maximum of six (6) feet into the front setback and extend no closer 32 than three (3) feet to a lot line. C'Documents and SettingsVnkearneylLocal SettingsMmporary Internet FileslContent.Outlook19KF3TVTBDraft Ordinance - DSP Implementation 09 07 11. doe Revised June 16, 2011, August 1, 2011 & September 7, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (2) Bay windows on the first floor projecting into the front setback no more than one and one half (1 %) feet and not exceeding twenty (20) square feet in footprint. (3) Fireplace chimneys projecting into the front setback no more than two (2) feet and not exceeding six (6) feet in width. (b) The following shall be exceptions only to side and rear setback lines: (1) Fireplace chimneys projecting into a setback no more than two and one half (2-1/2) feet from a lot line shall be counted in lot coverage but not in setbacks. (2) Bay window(s) projecting into exterior side setback not more than one and one half (1 %2) feet and not exceeding twenty (20) square feet in total footprint area, at least three (3) feet from any lot line, provided that bay windows) may not project into the interior side setback. (3) Cornices or eaves projecting into a side setback no more than fifty (50) percent of the required setback to a maximum of two (2) feet. (4) A detached garage or other one-story accessory buildings located within the rear thirty (30) percent of the length of the lot line; (5) Greenhouse window(s) projecting no more than one foot and a minimum of three (3) feet above finished floor, not exceeding seventeen (17) square feet inside the window casement area and at least three (3) feet from any lot line. (6) Open balconies projecting not more than four (4) feet into a front setback. Multiple balconies projecting from the same floor shall have a minimum horizontal separation of ten (10) feet. (c) The exceptions herein are subject to the following limitations: (1) No portion of the primary residential structure shall extend closer than thirty (30) inches the property line on the interior side setback. (2) Chimneys: (A) No port ion of an existing chimney shall be allowed within one and one-half (1.5) feet of a side propert y line; (B) A new chimney shall be set back a minimum of two (2) feet from property line. 25.26.075 Declining height envelope. (a) There shall be a declining height envelope in this district depart ing from a height of (12) feet above original existing grade at each side property line as determined by the average of the elevations at the front and rear property line corners at each side; at twelve (12) feet above grade, an angle of forty-five (45) degrees shall be set until it intersects with a point seven and one-half (7-1/2) feet C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 above the second story finished floor, then the line shall extend vertically to a maximum of thirty (30) feet or two and one-half (2-1/2) stories. (b) No structure shall extend above or beyond said envelope except: (1) Chimneys or flues, eaves to a maximum of two (2) feet or one-half the distance to property line whichever is less, and architectural features including gables without windows which do not create improved space and do not extend within the first story side setback; (2) Window enclosures which create no more than thirty-five (35) square feet of floor area within the structure and have a length no greater than ten (10) feet. At least twenty-five (25) percent of 1 face of such enclosure as measured between the finished floor and the plate line shall be window area. (3) The side of a single-family or duplex structure which is located adjacent to an existing t (2) -story residential structure so that the properties on which they are located share a side property line, provided: (A) The second story is not closer to the property line than the required first floor setback; and (B) plate line on the adjacent propert If the second story wall is outside of the declining height envelope and adjacent to an existing two (2) story wall, the second story plate line is no higher and no longer than the second story y; and (C) If there is a two (2) story residential structure on each side of a lot, only one side wall be exempt from the declining height envelope; and (D) If any portion of the second story of an existing two (2) story house adjacent to either side of the lot complies with the declining height requirements, the adjacent wall of the new construction shall not be exempt. (4) 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, the measurement for the declining height envelope point of departure shall be the average elevation as taken at the intersection of the adjacent side propert y lines with the fifteen (15) foot front setback line and the fifteen (15) foot rear setback line. (5) Where the finished first floor of a house is more than three (3) feet above average finished grade and the area below or basement is not improved area, the measurement for the declining height envelope shall be fourt een (14) feet above the side property line. 25.26.080 I nterior access. C:IDocuments and SettingslmkearneylLocal SeftingslTemporary Internet FIIeslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 -11 1 There shall be a stairway, elevator, ramp or similar access between all floors of improved area z within a single family residential structure. Such access shall be located within the exterior walls of the 3 structure. 4 25.26.090 Multiple lots developed with a single structure. 5 (a) This section shall apply to all lots which are required to obtain a conditional use permit 6 pursuant to Section 25.26.030 (5) or (6). Demolition of existing structures or construction of new 7 structures upon any such lot shall not be commenced until and unless a conditional use permit and any 8 variances and special permits required by this section and a building permit are first obtained. 9 (b) In considering the conditional use permit for either standard or substandard lots the I o commission shall evaluate in addition to the criteria for a conditional use permit: 11 (1) The blend of mass, scale and dominant structural characteristics of the new construction 12 with the existing street and neighborhood, and 13 (2) The variety of roof line, fagade, exterior finish materials and elevations of the proposed 14 new structures. is (3) The commission shall also consider the necessity or mitigation for the removal of any 16 protected trees, as defined in Section 11.06.020 of this code, which are located within the footprint of any 17 proposed structure. 18 (c) A variance shall be required, in addition to and as a part of the conditional use permit, if, 19 on a substandard lot, the following maximum gross floor area ratio of all structures is not met: z0 (1) Thirty-two (32) percent plus seven hundred fifty (750) square feet with an attached 1 garage. 2z (2) Thirty-two (32) percent plus seven hundred fifty (750) square feet plus up to three z3 hundred fifty (350) square feet in a detached single or two (2) car garage and other accessory structures. 24 Such maximum allowable house size shall become effective upon the issuance of a building z5 permit for the construction and may not be exceeded without amendment of the conditional use permit. z6 Chapter 25.27 R-2 DISTRICT REGULATIONS 27 Sections: 28 25.27.010 Scope of regulations. z9 25.27.020 Permitted uses. 30 25.27.030 Conditional uses. 31 25.27.040 Building regulations. 32 25.27.045 Design review. C. Documents and SettingslmkearneylLocal SettingslTemporary Internet FIIeslContent.Outtook19KF3TVTE1Draft Ordinance - DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 & September 7, 2011 - 1e 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 z2 23 24 z5 26 27 28 29 30 31 32 25.27.050 Lot dimensions and lot requirements. 25.27.060 Height limitations. 25.27.070 Lot coverage. 25.27.071 Setback lines. 25.27.072 Exceptions. 25.27.075 Declining height envelope. 25.27.010 Scope of regulations. The regulations of this chapter shall apply to all R-2 districts. 25.27.020 Permitted uses. The following uses are permitted in the R-2 districts: (a) All uses permitted in R-1 districts, and subject to the same restrictions, regulations and exceptions; (b) Duplexes, flats or other buildings designed for and occupied by not more than two (2) families; (c) Accessory uses as described for R-1 districts. 25.27.030 Conditional uses. The following uses are conditional uses requiring a conditional use permit: (a) All uses allowed with a permit in the R-1 district and subject to the same restrictions and limitations; (b) Community clubhouses. 25.27.040 Building regulations. (a) Only one building designed or used as a residence for one or two (2) families, or two (2) dwellings designed or used as residences, each for one family, may be erected, located or maintained on any one lot. (b) Where two (2) single-family dwellings are constructed on one lot, all the following requirements must be met: (1) Only one dwelling may have frontage on the street, (2) No portion of the rear dwelling may be closer than twenty (20) feet to any portion of the front dwelling, (3) There shall be a yard at the rear of the rear building of at least twenty (20) feet in depth; C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 (4) There shall be a driveway of a minimum width of ten (10) feet leading to the rear structure; (5) The lot must be not less than one hundred fifty k feet in depth. 25.27.045 Design review. Construction and alterations as designated in Chapter 25.57 shall be subject to design review under that chapter. 25.27.050 Lot dimensions and lot requirements. (a) Lots of six thousand nine hundred ninety-nine square (6,999) feet or less must have an average width of not less than fifty (50) feet and all such lots or parcels of land shall have a frontage of not less than fifty (50) feet on a public street; lots of seven thousand (7,000) square feet to nine thousand nine hundred ninety-nine (9,999) square feet must have an average width of not less than fifty (50) feet and all such lots or parcels of land shall have a frontage of not less than fifty-five (55) feet on a public street, and lots of ten thousand (10,000) square feet or more must have an average width of not less than fifty (50) feet and all such lots or parcels of land shall have a frontage of not less than sixty (60) feet on a public street; provided, however, that lots or parcels which face on the curve of a curved street, where the radius of such curvature is less than forty-five (45) feet may have a lesser frontage but not less than thirty (30) feet for a six thousand nine hundred ninety-nine (6,999) square foot or less lot or parcel, thirty-five (35) feet for a seven thousand (7,000) square foot to nine thousand nine hundred ninety-nine (9,999) square foot lot or parcel, or forty (40) feet for a ten thousand (10,000) square foot or larger lot or parcel. (b) On the map adopted by Ordinance 712 and as subsequently amended, all lots shown in white shall have an area of not less than five thousand (5,000) square feet; all lots shown within a border of horizontal crosshatching shall have an area of not less than seven thousand (7,000) square feet; and all lots shown within a border of vertical crosshatching shall have an area of not less than ten thousand (10,000) square feet. (c) Where frontage on a public street is impossible or impractical, the planning commission may recommend to the city council an easement or easements providing ingress from and egress to a public street in lieu of such street frontage. In any case, the city of Burlingame shall be made an owner of such easement. Recommendations of acceptance may be cononal. (d) Variances may be granted, in accordance with the provisions of Chapter 25.54 of this code, only to the provisions of subsections a and b above. (e) The average width, lot frontage and minimum areas provided for in subsections a and b above shall not apply to any lot or parcel of land of smaller dimensions appearing of record in the office C:IDocuments and SettingslmkeameylLocal SettingslTemporary Interne[ FileslContent.0utlook19KF3NTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 to 11 12 13 14 is 16 17 8 19 z0 21 22 23 24 2s z6 27 za 29 30 31 32 the county recorder of the County of San Mateo, or of the city engineer of the city of Burlingame, prior to June 18, 1958. No building permit shall be issued for the construction of any building on any lot divided of subdivided after said date which does not comply with the minimum requirements set forth above, except as varied by subsections a and f of this section. (f) All the development requirements of Chapter 25.27 lot dimensions and requirements shall apply to lands hereafter subdivided in accordance with the provisions of the Subdivision Map Act of the State of California, provided, however, that the planning commission and the city council may, in the considerations and acceptance of any tentative or final map submitted pursuant to the provisions of said Subdivision Map Act, approve or accept any such tentative or final map wherein one or more lots or parcels of land do not conform to all of the provisions of Chapter 25.27, when the planning commission and the city council find that by reason of exceptional or extraordinary circumstances the approval or acceptance of such maps will not adversely affect the comprehensive zoning plan of the city. (g) No lands annexed to the city of Burlingame after May 31, 1960, which are thereupon classified for residential uses shall be divided into lots having areas of less than ten thousand (10,000) square feet each. (h) Certain new construction and additions to residences on lots in specified hillside districts are subject to the requirements of the Hillside Area Construction Permit as defined in Chapter 25.61. 25.27.060 Height limitations. No building in an R-2 district shall be constructed or altered which exceeds two and one-half (2- 1/2) stories or thirt y (30) feet in height, whichever is lesser, with the following exceptions: (a) On lots that slope downward more than twenty-five (25) percent toward the rear of the lot, the maximum height of the building shall not exceed two (2) stories or twenty (20) feet above the curb level, irrespective of the number of stories at the rear of the building; (b) On lots that slope upward more than twenty-five (25) percent toward the rear of the lot, the maximum height of the building shall not exceed two and one-half (2-1/2) stories or thirt y line. 25.27.070 Lot coverage. y (30) feet above mean grade as measured fifteen (15) feet from the front propert The maximum lot coverage for all buildings and structures shall be forty (40) percent, including balconies, stairs, roof overhangs extending more than twenty-four (24) inches, trellises and which exceed thirty (30) inches in height above adjacent existing grade. 25.27.071 Setback lines. C:IDocuments and SettingslmkearneylLocal Se@ingslTemporary Internet FileslContenLOutlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, Augus[ 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 is 76 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 (a) Measurement of all setback lines shall be from the lot line to the closest wall or any covered projection of the existing or proposed structure. (b) Front. The minimum front setback line to the first floor shall be fifteen (15) feet as measured from the lot front or the average on the side of the street as measured from the lot front, whichever is greater, provided that the setback line delineated on any approved subdivision map shall supersede any provision of this chapter, except that there shall be a minimum setback of twenty (20) feet to the face of any garage or covered parking area. (c) Side and rear. (1) If front and rear lot lines are equal, the minimum side setback shall be based on the front property line dimension; if front and rear lot lines are unequal, the setback shall be based on the width of the lot as measured between the midpoints of the two (2) side lot lines. In either case the setbacks based on lot width shall be as follows: Side Setback Lines (in feet) Lots 42' wide or less 3 Lots wider than 42', but less than 51' 4 Lots 51' wide or more, but less than 54' 5 Lots 54' wide or more, but less than 61' 6 Lots 61' wide or more 7 Rear Setback Lines (in feet) 1 and 2 story 15 (2) The minimum side setback for second stories shall be based on the declining height envelope. (d) The minimum exterior side setback for any structure on a corner lot shall be seven and one half (7-1/2) feet. (e) A public building, church, library, museum or other similar use either governmental or private, shall be set back at least ten (10) feet from all lot lines. (f) There shall be a minimum setback of twenty (20) feet on all buildings on EI Camino Real. 25.27.072 Exceptions. (a) The following shall be exceptions to both lot coverage and setback lines: (1) Front entrance stairs and stoops with no roof which extend up to a maximum of six (6) feet into the front setback and no closer than three (3) feet to lot line. C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 (2) Bay windows on the first floor projecting into the front setback no more than one and one z half (1 1/2) feet and not exceeding twenty (20) square feet in footprint. 3 (3) Fireplace chimneys projecting into the front setback no more than two (2) feet and not 4 exceeding six (6) feet in width. 5 (b) The following shall be exceptions only to side and rear setback lines: 6 (1) Fireplace chimneys projecting into a setback no more than two and one half (2-1/2) feet 7 from a lot line shall be counted in lot coverage but not in setbacks. 8 (2) Bay window(s) projecting into exterior side setback not more than one and one half (1 9 1/2) feet and not exceeding twenty (20) square feet in total footprint area, at least three (3) feet from any 10 lot line, provided that bay window(s) may not project into the interior side setback. 11 (3) Cornices or eaves projecting into a side setback no more than fifty (50) percent of the 12 required setback to a maximum of two (2) feet. 13 (4) A detached garage or other one story accessory building located within the rear thirty 14 (30) percent of the length of the lot line. 15 (5) Greenhouse window(s) projecting no more than one foot and a minimum of three (3) fee 16 above finished floor, not exceeding seventeen (17) square feet inside the window casement area and at 17 least three (3) feet from any lot line. 18 (c) The following shall be exceptions only to front setback lines: 19 (1) Open balconies projecting not more than four (4) feet into a front setback. Multiple z0 balconies on the same story shall not exceed the maximum projection and shall each have a minimum z 1 horizontal separation of at least ten (10) feet. zz 25.27.075 Declining height envelope. 23 There shall be a declining height envelope in this district departing from a height of twelve (12) z 4 feet above original existing grade at each side property line set at an angle of forty-five (45) degrees until 25 it intersects with a point seven and one-half (7-1/2) feet above the second story finished floor, then it sha z6 extend vertically to a maximum of thirty (30) feet or two and one-half (2 1/2) stories. z7 No structure shall extend above or beyond said envelope except: z8 (a) Chimneys or flues, eaves to a maximum of two (2) feet or one-half the distance to 29 property line whichever is less, gables without windows and architectural features which do not create 30 habitable area and do not extend within the first story side setback; 31 (b) Window enclosures which create no more than thirty-five (35) square feet of floor area 32 within the structure; C:IDocuments and Settingslmkeameyll_ocal SettingslTemporary Internet FileslContent.Outlookl9KF3TVTE1Draft Ordinance - DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 & September 7, 2011 -1 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 z0 21 22 23 24 zs 26 27 z8 29 30 31 32 (c) The side of a single-family or duplex residential structure next to an existing two (2) -story residential structure, provided: (1) the second story is not closer to the property tine than the required first floor setback; (2) if the second story wall is outside of the declining height envelope and adjacent to an existing two (2) story wall, the second story plate line is no higher than the second story plate line on the adjacent property; (3) if there is a two (2) story residential structure on each side of a lot, only one side wall may be exempt from the declining height envelope, (4) if any portion of the second story of an existing two (2) story house adjacent to either side of the lot complies with the declining height requirements, the adjacent wall of the new construction shall not be exempt; (d) Where the slope on a lot along the front property line varies one foot or more from corner to corner; in such cases the measurement of the declining height envelope point of departure shall be adjusted 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 adjusted by the average elevation at the two (2) setback lines, (f) Where the finished first floor of a house is more than three (3) feet above average 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 the side property line. Chapter 25.28 R-3 DISTRICT REGULATIONS Sections: 25.28.010 Scope of regulations. 25.28.020 Permitted uses. 25.28.030 Conditional uses. 25.28.035 Uses allowed with special permit. 25.28.040 Building regulations. 25.28.045 Design review. 25.28.050 Lot dimensions and lot requirements. 25.28.060 Height limitations. 25.28.070 Lot coverage. 25.28.075 Setback lines. C:IDocuments and SeftingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 H 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 25.28.080 Scope of regulations. The Exceptions. 25.28.090 Permitted uses. The Underground garages in setback areas. 25.28.092 All uses permitted in R-1 and R-2 districts, subject to the same restrictions, regulations and limitations Anita Road residential subarea. 25.28.095 Multi -family residential uses. Within the boundaries of the Downtown Specific Plan, there shall be an average maximum unit size for multi -family residential uses of 1250 square feet. Average Rollins Road multiple family subzone—Bloomfield Road to Burlingame Avenue. 25.28.097 floor areas of all residential units in a project. (c) Rollins Road multiple family subzone—Toyon Drive to Bloomfield Road. 25.28.100 Churches, convents and parish houses. 25.28.030 Landscape requirements. 25.28.010 Scope of regulations. The following regulations of this chapter shall apply to all R-3 districts. 25.28.020 Permitted uses. The following uses are permitted in the R-3 districts: (a) All uses permitted in R-1 and R-2 districts, subject to the same restrictions, regulations and limitations that apply to those uses in their respective districts; (b) Multi -family residential uses. Within the boundaries of the Downtown Specific Plan, there shall be an average maximum unit size for multi -family residential uses of 1250 square feet. Average maximum unit size is defined as the maximum value allowed when averaging the square footage of gross floor areas of all residential units in a project. (c) Accessory uses as described for R-1 districts. (d) Churches, convents and parish houses. 25.28.030 Conditional uses. The following are conditional uses requiring a conditional use permit: (a) All uses allowed with a conditional use permit in the R-1 and R-2 districts and subject to the same restrictions and exceptions, (b) Parking areas; (c) Roominghouses or boardinghouses; provided, however, that no roominghouse or boardinghouse permit may be granted unless the commission determines that all following conditions are met: (1) No more than eight (8) paying guests shall be permitted in one building, and (2) Separate and adequate sanitary facilities shall be provided for each sex, and (3) State and local laws for access and egress must be observed, including the provision of necessary fire escapes, and C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 _ 1c 1 (4) One garage space shall be provided for each rented room for the first four (4) rooms and 2 one additional space shall be provided for each additional two (2) rooms, and 3 (5) When common kitchen and eating facilities are provided as part of the house service, 4 such services shall be limited to the residents of the boardinghouse; 5 (d) Group residential facilities for the elderly; 6 (e) Any structure that is more than thirty-five (35) feet in height (see Section 25.28.060). 7 (f) In association with a church or nonprofit institution, provisions of any use or activity which 8 is not directly related to providing religious services by the church or religious organization including 9 leasing of premises for instructional uses or non -religious based counseling services; 10 (g) In association with a church or nonprofit institution, provision of temporary shelter for 11 homeless individuals or families, provided that the facility is located within a transportation corridor and 12 the use does not occur continuously at any one location for more than six (6) months of any twelve (12) 13 month period. 14 (h) Within the Anita Road residential subarea only, limited corner store retail as defined in 15 Section 25.08.392, subject to the following standards: 16 (1) There shall be no more than 2000 square feet of gross floor area devoted to the limited 17 corner store retail use. 18 (2) Limited corner store retail may sell food products, household items, hardware, newspaper 19 and magazines. 20 (3) Limited corner store retail may offer freshly prepared foods for on-site consumption or z L take-out, but the food preparation and dining space shall not exceed twenty (20) percent of the store's 22 gross floor area. z3 (4) Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. 24 (5) No permanently installed security bars shall be allowed, only retractable or removable 25 security features may be used. 26 25.28.035 Uses allowed with special permit. 27 The following are uses requiring a special permit in the R-3 zone: 28 1. All two (2) story structures constructed after May 3, 2000, in the Rollins Road multiple 29 family subzone between Toyon Drive and Bloomfield Road as generally shown on the map attached to 30 Ordinance No. 1628. 31 25.28.040 Building regulations. 32 C:IDocuments and SettingslmkearneyUcal SettingslTemporary Internet FileslContent.Outlookl9KF3TVTE1Draft Ordinance - DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 & September 7, 2011 2( 1 (a) No detached building accessory to the main building shall occupy the portion of any lot in 2 front of the main building, nor shall any accessory building be closer than four (4) feet distant from any 3 other building on the same lot. 4 (b) All buildings shall be subject to the height, area, landscape, and garage limitations as 5 provided in this code. 6 25.28.045 Design review. 7 Construction and alterations as designated in Chapter 25.57 shall be subject to design review 8 under that chapter. 9 25.28.050 Lot dimensions and lot requirements. to (a) Lots of six thousand nine hundred ninety-nine (6,999) square feet or less must have an 11 average width of not less than fifty (50) feet and all such lots or parcels of land shall have a frontage of 12 not less than fifty (50) feet on a public street; lots of seven thousand (7,000) square feet to nine thousand 13 nine hundred ninety-nine (9,999) square feet must have an average width of not less than fifty (50) feet 14 and all such lots or parcels of land shall have a frontage of not less than fifty-five (55) feet on a public 15 street; and lots of ten thousand (10,000) square feet or more must have an average width of not less than 16 fifty (50) feet and all such lots or parcels of land shall have a frontage of not less than sixty (60) feet on a 17 public street, provided, however, that lots or parcels which face on the curve of a curved street, where the 18 radius of such curvature is less than forty-five (45) feet may have a lesser frontage but not less than thirty 19 (30) feet for a six thousand nine hundred ninety-nine (6,999) square foot or less lot or parcel, thirty-five z0 (35) feet for a seven thousand (7,000) square foot to nine thousand nine hundred ninety-nine (9,999) z1 square foot lot or parcel, or forty (40) feet for a ten thousand (10,000) square foot or larger lot or parcel. 22 (b) On the map adopted by Ordinance 712 and as subsequently amended, all lots shown in z3 white shall have an area of not less than five thousand (5,000) square feet; all lots shown within a border 24 of horizontal crosshatching shall have an area of not less than seven thousand (7,000) square feet; and 25 all lots shown within a border of vertical crosshatching shall have an area of not less than ten thousand 26 (10,000) square feet. 27 (c) Where frontage on a public street is impossible or impractical, the planning commission 28 may recommend an easement or easements providing ingress from and egress to a public street in lieu 29 of such street frontage. In any case, the city of Burlingame shall be made an owner of such easement. 30 An offer of grant or dedication of any such easement made to the city council shall be referred by 31 it to the planning commission which shall recommend the acceptance or denial of such offer to the city 32 council. Recommendations of acceptance may be conditional. The city council shall not accept or refuse CADocuments and SettingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTEIDraft Ordinance - DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 & September 7, 2011 -21 1 2 3 4 s 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 zs 26 27 28 29 30 31 32 to accept any such offer until it has received and considered the recommendations of the planning commission. The provisions of this subsection shall not apply to public service easements as such easements are defined by Section 50432 of the California Government Code. (d) Variances may be granted to the provisions of subsections a and b above in accordance with the provisions of Chapter 25.54 of this code. (e) The average width, lot frontage and minimum areas provided for in subsections a and b above shall not apply to any lot or parcel of land of smaller dimensions appearing of record in the office c the county recorder of the County of San Mateo, or of the city engineer of the city of Burlingame, prior to June 18, 1958. No building permit shall be issued after said date for the construction of any building on any lot divided or subdivided which does not comply with the minimum requirements set forth above, except as varied by subsections c and d of this section. (f) All the development requirements of Chapter 25.28 lot dimensions and requirements shall apply to lands hereafter subdivided in accordance with the provisions of the Subdivision Map Act of the State of California; provided, however, that the planning commission and the city council may, in the considerations and acceptance of any tentative or final map submitted pursuant to the provisions of said Subdivision Map Act, approve or accept any such tentative or final map wherein one or more lots or parcels of land do not conform to all of the provisions of Chapter 25.28, when the planning commission and the city council find that by reason of exceptional or extraordinary circumstances the approval or acceptance of such maps will not adversely affect the comprehensive zoning plan of the city. (g) No lands annexed to the city of Burlingame after May 315 1960, which are thereupon classified for residential uses shall be divided into lots having areas of less than ten thousand (10,000) square feet each. 25.28.060 Height limitations. No building or structure shall be constructed in an R-3 district which exceeds four (4) stories or fifty-five (55) feet in height No building shall be constructed in the Anita Road Subarea of the R-3 district which exceeds forty-five (45) feet in height (see Section 25.28.030-e). A conditional use permit is required for any building or structure which is more than thirty-five (35) feet in height (refer to Section 25.28.030(e)). 25.28.070 Lot coverage. The maximum lot coverage for all buildings and structures, including balconies, stairs, roof overhangs exceeding C:IDocuments and SettingslmkearneylL.ocal SettingslTemporary twenty-four (24) inches, trellises and improvements which exceed thirty (30) inches n height, shall be fifty (50) percent for interior lots and sixty (60) percent for corner lots. Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 25.28.075 Setback lines. (a) Front. (1) The minimum front setback line shall be fifteen (15) feet as measured from the lot front, provided that the setback line delineated on any approved subdivision map shall supersede any provision of this chapter. (2) If forty (40) percent or more of the frontage upon one side of a block is developed with structures the front setback line for any new structure shall be the average of the actual front setback of such existing structures, if such average exceeds fifteen (15) feet. Such measurement shall be to the front wall or to any projection of the existing structure. (b) Side and rear. (1) Setbacks on certain streets. There shall be a minimum front setback of five (5) feet on all buildings constructed on lots which front on Park Road, between Howard and Peninsula Avenues. There shall be a minimum front setback of ten (10) feet on all buildings constructed on lots which front on Primrose Road, between Howard and Bayswater Avenues. There shall be a minimum setback of twenty (20) feet on all buildings constructed on EI Camino Real. (c) The minimum side and rear setback lines shall be as follows; if front and rear lot lines are unequal their average shall be the width at the midpoints of the two (2) side lot lines: Side Setback Lines (in feet) Lots 42' wide or less 3 Lots wider than 42', but less than 51' 4 Lots 51' wide or more, but less than 54' 5 Lots 54' wide or more, but less than 61' 6 Lots over 61' wide and over 7 Rear Setback Lines (in feet) 1 and 2 story 15 More than 2 stories 20 (d) Minimum side setback for condominium developments shall be five (5) feet. (e) The side setback requirement shall be increased one foot for each floor above the first floor. C:IDocuments and Settingslmkearneylloca! SettingslTemporary (f) The exterior side setback for any dwelling on a corner lot shall be seven and one half (7- 1/2) feet for a building of two (2) stories or less and shall increase one foot for each additional story. Interne[ FileslContent.Outlookl9KF3TVTElDraft Ordinance -DSP Implementation 09 07 fl.doc Revised June i6, 2011, August 1, 2011 $September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 2B 29 30 31 32 (g) A public building, church, library, museum or other similar use, either governmental or private, shall be set back at least ten (10) feet from all lot lines. Exceptions. The following shall be exceptions to both lot coverage and setback lines: Cornices or eaves projecting into a side setback no more than fifty (50) percent of the required setback to a maximum of four (4) feet. (2) Front entrance stairs and stoops with no roof to a maximum projection of six (6) feet into the front and rear setback, such coverings shall be counted in lot coverage. (3) Bay windows on the first floor projecting into the front setback no more than one foot six (6) inches and not exceeding twenty (20) square feet in window casement area. (4) Fireplace chimneys projecting into the front setback no more than two (2) feet and not exceeding six (6) feet in width. (b) The following shall be exceptions only to side and rear setback lines: (1) Bay windows projecting not more than one foot six (6) inches into exterior side setbacks on corner lots and not exceeding twenty (20) square feet in window casement area, at least three (3) feet from any lot line, provided that bay window may not project into an interior side setback. (2) A detached garage or other one story accessory building located within the rear thirty (30) percent of a lot. (3) Greenhouse windows projecting no more than one foot, a minimum of three (3) feet above finished floor, not exceeding seventeen (17) square feet in window casement area and at least three (3) feet from any lot line. (c) The following shall be exceptions to lot coverage and side and rear setback lines: (1) Fireplace chimneys projecting into the side and rear setback no more than two (2) feet but not closer than two and one-half (2-1/2) feet from side property line and not exceeding six (6) feet in width. (d) Open balconies projecting not more than four (4) feet into a front setback and not to exceed sixteen (16) feet in length. Multiple balconies so projecting from the same floor shall have a minimum horizontal separation of ten (10) feet. 25.28.090 Underground garages in setback areas. Garages may be constructed entirely below ground level and such underground garages may project into any required yard or building setback area, subject to the following limitations: C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 3I 4 s 6 7 8 9 10 11 1z 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (a) Plans for such underground garages, together with methods of access and egress for th vehicles, must be prepared and submitted for approval by the planning commission prior to the issuance of a building permit, (b) The surface of the structure lying wn a required yard or setback areas a esuuitably landscaV ed in keeping with the general character of the surrounding neighborhood; (c) Plans for such landscaping and use of open space must be included in the submitted plans and must be approved by the planning commission; (d) The uppermost portion of any structure or attachment thereto within any required yard or setback area shall not extend above natural grade; (e) On lots abutting or fronting EI Camino Real, underground garages may not be constructed in any portion of the property line and the building setback line on such frontage but may be constructed in accordance with the foregoing regulations in other portions of the property. 25.28.092 Anita Road residential subarea. (a) The Anita Road Residential Subarea is meant to serve as a buffer between the downtown commercial area and Myrtle Road mixed use area to the west and the single family neighborhood to the east. All lots in this subarea, which consists of properties on both sides of Anita Road between Burlingame Avenue and Bayswater Avenue, shall be subject to the following additional requirements to provide the appropriate transition. (1) Building Height: Buildings over 35 feet in height and not more than forty-five feet in height shall require a conditional use permit (See section 25.28.030 — e & 25.28.060). (2) Side Setbacks: There shall be a minimum side setback of five (5) feet. The side setback requirement shall be increased one foot for each floor above the first floor. (3) Rear Setback: There shall be a minimum rear setback of twenty (20) feet. C:IDocuments and SettingslmkearneylLocal SettingslTemporary Internet FileslContenLOutlook19KF3TVTEIDraft Ordinance -DSP Implementation 09 07 ll.doc Revised June 16, 2011, August 9, 2011 &September 7, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 BURL NGAMEDOWNTOWN SPECIFIC PIAN f' + Anita Read R�sjdendal Area 9.3IiVE7Iap'. R`1 ti 25.28.095 Rollins Road multiple family subzone—Bloomfield Road to Burlingame Avenue. All lots in this zone having a boundary on Rollins Road, between Burlingame Avenue and Bloomfield Road, and Lots 22 and 23, Block 19, Burlingables Subdivision No. 2, all as shown on the map attached to the ordinance codified in this section, shall be subject to the following additional requirements. (a) Thirty (30) foot maximum height limit; (b) Fifteen (15) foot minimum rear setback; (c) No more than fifty (50) percent of the front setback shall be paving or other impermeable surface; (d) One dwelling unit for each two thousand (2,000) square feet of land contained in the total area of the lot, plus one for any fraction over two thousand (2000) feet or any multiple thereof. C:(Documents and SettingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlookl9KF3TVTE1Draft Ordinance - DSP Implementation 09 07 l i.doc Revised June 16, 2011, August 1, 2011 & September 7, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 25.28.097 Rollins Road multiple family subzone—Toyon Drive to Bloomfield Road. In order to create a more livable environment for reuse and new development and an appropriate transition between the existing freeway and intercommunity arterial for the established single-family residential area behind the properties within this overlay zone, all lots within this zone having a frontage on Rollins Road, between Toyon Drive and Bloomfield Road, as generally shown on the map attached to Ordinance No. 1627, shall be subject to the following additional requirements and limitations: (a) Structures used for residential purposes; and (b) The following height limits: (1) A second -floor plate height of no more than twenty-one (21) feet; and (2) No more than two (2) stories; and (3) A height of building of no more than thirty (30) feet; and (c) No more than one dwelling unit per one thousand five hundred (1,500) square feet of land contained in the total area of a lot, plus one additional dwelling unit for any remaining land more than one thousand (1,000) square feet and less than one thousand five hundred (1,500) square feet; and (d) Where two (2) or more recorded lots are combined to create a single lot that then has combined lot area of ten thousand (10,000) square feet or more, one dwelling unit more than allowed under subsection (c) above may be built; and (e) A minimum of one hundred (100) square feet per dwelling unit of at -grade landscaped area with improvements that make the landscaped area usable for passive or active recreational purposes in a court yard; at least twenty-five (25) percent of this area shall be in soft landscape. The provision of this landscaped area shall be used in this district instead of the requirement for private open space under the adopted standards for a condominium permit pursuant to Chapter 26.30. If the parcel on which the landscaped area under this subsection is to be placed is larger than ten thousand (10,000) square feet, then the courtyard shall have a minimum dimension of at least twenty-five (25) feet in any direction. If the parcel on which the landscaped area under this subsection is to be placed is ten thousand (10,000) square feet or less, then the courtyard shall have a minimum dimension of fifteen (15) feet in direction, and (f) At least sixty (60) percent of the required front setback area shall be developed in vegetative landscaping; and (g) Approval of a special permit for any construction of a two (2) -story structure or addition a second story to an existing single -story structure. 25.28.100 Landscape requirements. C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslConfent.0utlook19KF3TVTEIDraft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 5 6 7 B 9 10 11 12 13 14 1s 16 17 16 19 20 21 22 23 24 25 26 27 2e 29 30 31 32 25.29.010 Scope of regulations. The following regulations of this chapter shall apply to all R-4 districts. 25.29.020 Permitted uses. The following uses are permitted in the R-4 districts: (a) All uses permitted in the R-1, R-2 and R-3 districts, subject to the same restrictions, regulations and limitations that apply to those uses in their respective districts; (b) Multi -family residential uses. Within the boundaries of the Downtown Specific Plan, there shall be an average maximum unit size for multi -family residential uses of 1250 square feet. Average maximum unit size is defined as the maximum value allowed when averaging the square footage of gross floor areas of all residential units in a project. (c) Accessory uses as described for R-1 districts. 25.29.030 Conditional uses. The following are conditional uses requiring a conditional use permit: C:IDocuments and SettingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 No more than forty (40) percent of the front setback of the building shall be paving or other impervious surface. Chapter 25.29 R4 DISTRICT REGULATIONS Sections: 25.29.010 Scope of regulations. 25.29.020 Permitted uses. 25.29.030 Conditional uses. 25.29.040 Building regulations. 25.29.045 Design review. 25.29.050 Lot dimensions and lot requirements. 25.29.060 Height limitations. 25.29.070 Lot coverage. 25.29.075 Setback lines. 25.29.080 Exceptions. 25.29.090 Underground garages in setback areas. 25.29.095 R-4 incentive district subarea. 25.29.100 Landscape requirements. 25.29.010 Scope of regulations. The following regulations of this chapter shall apply to all R-4 districts. 25.29.020 Permitted uses. The following uses are permitted in the R-4 districts: (a) All uses permitted in the R-1, R-2 and R-3 districts, subject to the same restrictions, regulations and limitations that apply to those uses in their respective districts; (b) Multi -family residential uses. Within the boundaries of the Downtown Specific Plan, there shall be an average maximum unit size for multi -family residential uses of 1250 square feet. Average maximum unit size is defined as the maximum value allowed when averaging the square footage of gross floor areas of all residential units in a project. (c) Accessory uses as described for R-1 districts. 25.29.030 Conditional uses. The following are conditional uses requiring a conditional use permit: C:IDocuments and SettingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 I (a) All uses permitted with a conditional use permit in the R-1, R-2 and R-3 districts and 2 subject to the same restrictions and limitations; 3 (b) Bungalow courts, court apartments and similar uses, 4 (c) Hospitals, sanitariums, nursing or convalescent homes and similar uses, but excluding 5 animal hospitals; 6 (d) Clubs, associations and similar uses; 7 (e) Apartments and residential hotels; 8 (f) Except within the R-4 Incentive District, any building or structure that is more than thirty - 9 five (35) feet in height. Within the R-4 Incentive District, any building or structure which is more than fifty - 10 five (55) feet in height. 11 (g) In association with a church or other religious or nonprofit institution, provision of 12 temporary shelter for homeless individuals or families, provided that the facility is located within a 13 transportation corridor and the use does not occur continuously at any one location for more than six (6) 14 months of any twelve (12) month period. 15 (h) Within the R-4 Incentive District only, limited corner store retail as defined in Section 16 25.08.392, subject to the following standards: 17 (1) There shall be no more than 2000 square feet of gross floor area devoted to the limited 18 corner store retail use. 19 (2) Limited corner store retail may sell food products, household items, hardware, newspape 20 and magazines. 21 (3) Limited corner store retail may offer freshly prepared foods for on-site consumption or 22 take-out, but the food preparation and dining space shall not exceed twenty (20) percent of the store's 23 gross floor area. 24 (4) Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. 25 (5) No permanently installed security bars shall be allowed, only retractable or removable 26 security features may be used. 27 25.29.040 Building regulations. 28 All building regulations required in R-3 districts shall apply with the following exceptions which 29 shall require a conditional use permit: 30 Bungalow courts, court apartments and similar uses may be composed of two (2) or more 31 detached dwellings on the same lot. 32 25.29.045 Design review. C: (Documents and SettingslmkeameylLocal SettingslTemporary Internet FileslContent. Outl00k19KF3TVTE1Draft Ordinance - DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 & September 7, 2011 2! 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 Construction and alterations as designated in Chapter 25.57 shall be subject to design review under that chapter. 25.29.050 Lot dimensions and lot requirements. (a) Lots of six thousand nine hundred ninety-nine (6,999) square feet or less must have an average width of not less than fifty (50) feet and all such lots or parcels of an shall have a frontage of not less than fifty (50) feet on a public street; lots of seven thousand (7,000) square feet to nine thousand nine hundred ninety-nine (9,999) square feet must have an average width of not less than fifty (50) feet and all such lots or parcels of land shall have a frontage of not less than fifty-five (55) feet on a public street; and lots of ten thousand (10,000) square feet or more must have an average width of not less than fifty (50) feet and all such lots or parcels of land shall have a frontage of not less than sixty (60) feet on a public street, provided, however, that lots or parcels which face on the curve of a curved street, where the radius of such curvature is less than forty-five (45) feet may have a lesser frontage but not less than thirty (30) feet for a six thousand nine hundred ninety-nine (6,999) square foot or less lot or parcel, thirty-five (35) feet for a seven (7,000) thousand square foot to nine thousand nine hundred ninety-nine (9,999) square foot lot or parcel, or forty (40) feet for a ten thousand (10,000) square foot or larger lot or parcel. (b) On the map adopted by Ordinance 712 and as subsequently amended, all lots shown in white shall have an area of not less than five thousand (5,000) square feet; all lots shown within a border of horizontal crosshatching shall have an area of not less than seven thousand (7,000) square feet; and all lots shown within a border of vertical crosshatching shall have an area of not less than ten thousand (10,000) square feet. (c) Where frontage on a public street is impossible or impractical, the planning commission may recommend an easement or easements providing ingress from and egress to a public street in lieu of such street frontage. In any case, the city of Burlingame shall be made an owner of such easement. An offer of grant or dedication of any such easement made to the city council shall be referred by it to the planning commission which shall recommend the acceptance or denial of such offer to the city council. Recommendations of acceptance may be conditional. The city council shall not accept or refuse to accept any such offer until it has received and considered the recommendations of the planning commission. The provisions of this subsection shall not apply to public service easements as such easements are defined by Section 50432 of the California Government Code. (d) Variances may be granted to the provisions of subsections a and b above in accordance with the provisions of Chapter 25.54 of this code. C:IDocuments and SettingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 (e) The average width, lot frontage and minimum areas provided for in subsections a and b above shall not apply to any lot or parcel of land of smaller dimensions appearing of record in the office ( the county recorder of the County of San Mateo, or of the city engineer of the city of Burlingame, prior to June 18, 1958. No building permit shall be issued after said date for the construction of any building on any lot divided or subdivided which does not comply with the minimum requirements set forth above, except as varied by subsections c and d of this section. (f) All the development requirements of Chapter 25.34 lot dimensions and requirements shall apply to lands hereafter subdivided in accordance with the provisions of the Subdivision Map Act of the State of California, provided, however, that the planning commission and the city council may, in the considerations and acceptance of any tentative or final map submitted pursuant to the provisions of said Subdivision Map Act, approve or accept any such tentative or final map wherein one or more lots or parcels of land do not conform to all of the provisions of Chapter 25.34, when the planning commission and the city council find that by reason of exceptional or extraordinary circumstances the approval or acceptance of such maps will not adversely affect the comprehensive zoning plan of the city. (g) No lands annexed to the city of Burlingame after May 31, 1960, which are thereupon classified for residential uses shall be divided into lots having areas of less than ten thousand (10,000) square feet each. 25.29.060 Height limitations. No building or structure shall be constructed in an R-4 district which exceeds six (6) stories or seventy-five (75) feet in height. Except within the R-4 Incentive District, a conditional use permit is required for any building or structure which exceeds thirty-five (35) feet in height. Within the R-4 incemN District, a conditional use permit is required for any building or structure which is more than fifty-five (55) feet in height (refer to Section 25.29.O30(f)). 25.29.070 Lot coverage. The maximum lot coverage for all buildings and structures, including balconies, stairs, roof overhangs exceeding twenty-four (24) inches, trellises and improvements which exceed thirty (30) inches n height, shall be fifty (50) percent for interior lots and sixty (60) percent for corner lots. 25.29.075 Setback lines. (a) The minimum front setback line shall be fifteen (15) feet as measured from the lot front, provided that the setback line delineated on any approved subdivision map shall supersede any provision of this chapter. C:IDocuments and SettingslmkeameylLocal SetfingslTemporary Internet FileslContent.Outlook19KF3TVTElDraft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 & September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 zs 26 27 ze 29 30 31 32 (b) If forty (40) percent or more of the frontage upon one side of a block is developed with structures the front setback line for any new structure shall be the average of the actual front setback of such existing structures, if such average exceeds fifteen (15) feet. Such measurement shall be to the front wall or to any projection of the existing structure. (c) Setbacks on certain streets. There shall be a minimum front setback on all buildings constructed on lots which front on Park Road, between Howard and Peninsula Avenues, of five (5) feet. There shall be a minimum setback of twenty (20) feet on all buildings constructed on EI Camino � Real. Rear Setback Lines (in feet) 1 and 2 story 15 More than 2 stories 20 (e) Minimum side setback for condominium developments shall be five (5) feet. (f) Side setback requirement shall increase one foot for every floor above the first floor. (g) The side setback for any dwelling on a corner lot shall be seven and one half (7-1/2) feet for a building of two (2) stories or less and shall increase one foot for each additional story. (h) A public building, church, library, museum or other similar use, either governmental or private, shall be set back at least ten (10) feet from all lot lines. 25.29.080 Exceptions. (a) The following shall be exceptions to both lot coverage and setback lines: (1) Cornices or eaves projecting into a side setback no more than fifty (50) percent of the required setback to a maximum of four (4) feet. (2) Front entrance stairs and stoops with no roof to a maximum projection of six (6) feet into the front and rear setback, such coverings shall be counted in lot coverage. C:IDocuments and SettingslmkeameylLocal SetfingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 (d) The minimum side and rear setback lines shall be as follows; if front and rear lot lines are unequal their average shall be the width at the midpoints of the two (2) side lot lines: Side Setback Lines (in feet) Lots 42' wide or less 3 Lots wider than 42', but less than 51' 4 Lots 51' wide or more, but less than 54' 5 Lots 54' wide or more, but less than 61 6 Lots 61' wide or more 7 Rear Setback Lines (in feet) 1 and 2 story 15 More than 2 stories 20 (e) Minimum side setback for condominium developments shall be five (5) feet. (f) Side setback requirement shall increase one foot for every floor above the first floor. (g) The side setback for any dwelling on a corner lot shall be seven and one half (7-1/2) feet for a building of two (2) stories or less and shall increase one foot for each additional story. (h) A public building, church, library, museum or other similar use, either governmental or private, shall be set back at least ten (10) feet from all lot lines. 25.29.080 Exceptions. (a) The following shall be exceptions to both lot coverage and setback lines: (1) Cornices or eaves projecting into a side setback no more than fifty (50) percent of the required setback to a maximum of four (4) feet. (2) Front entrance stairs and stoops with no roof to a maximum projection of six (6) feet into the front and rear setback, such coverings shall be counted in lot coverage. C:IDocuments and SettingslmkeameylLocal SetfingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 B 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 2s 26 27 2B 29 30 31 32 (3) Bay windows on the first floor projecting into the front setback no more than one foot six (6) inches and not exceeding twenty (20) square feet in window casement area. (4) Fireplace chimneys projecting into the front setback no more than two (2) feet and not exceeding six (6) feet in width. one foot, a minimum (b) The following shall be exceptions only to side and rear setback lines: (1) Bay windows projecting not more than one foot six (6) inches into exterior side setbacks on corner lots and not exceeding twenty (20) square feet in window casement area, at least three (3) feet from any lot line, provided that bay window may not project into an interior side setback. (2) A detached garage or other one story accessory building located within the rear thirty (30) percent of a lot. (3) Greenhouse windows projecting no more than one foot, a minimum of three (3) feet above finished floor, not exceeding seventeen (17) square feet in window casement area and at least three (3) feet from any lot line. (c) The following shall be exceptions to lot coverage and side and rear setback lines: (1) Fireplace chimneys projecting into the side and rear setback no more than two (2) feet but no closer than two and one-half (2-1/2) feet from side propert y line and not exceeding six (6) feet in width. (d) Open balconies projecting not more than four (4) feet into a front setback and not to exceed sixteen (16) feet in length. Multiple balconies so projecting from the same floor shall have a minimum horizontal separation of ten (10) feet. 25.29.090 Underground garages in setback areas. Garages may be constructed entirely below ground level and such underground garages may project into any required yard or building setback area, subject to the following limitations: (a) Plans for such underground garages, together with methods of access and egress for the vehicles, must be prepared and submitted for approval by the planning commission prior to issuance of a building permit; (b) The surface of the structure lying within a required yard or setback area shall be suitably landscaped in keeping with the general character of the surrounding neighborhood; (c) Plans for such landscaping and use of open space must be included in the submitted plans and must be approved by the planning commission; (d) The uppermost portion of any structure or attachment thereto within any required yard or setback area shall not extend above natural grade; QlDocuments and SettingslmkeameylLoca/ SettingslTemporary Internet FileslConten[.Outlook19KF3TVTE1Dra(t Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 �URLINGAIVIE UMNIUM4 SPECIFIC PLAN (e) On lots abutting or fronting EI Camino Real, underground garages may not be constructed in any portion of the property line and the building setback line on such frontage but may be constructed in accordance with the foregoing regulations in other portions of the property. 25.29.095 R-4 incentive district subarea. (a) The R-4 Incentive District is located within the Burlingame Downtown Specific Plan Area (refer to Figure 3.2 of the Downtown Specific Plan) located south of Howard Avenue between Highland Avenue and Park Road. In order to provide an incentive to encourage high density residential uses, buildings or structures up to fifty-five feet in height are allowed by right within this subarea (refer to Section 25.29.030 (f)). C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslContent. Out1ook19KF3TVT0Draft Ordinance - DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 & September 7, 2011 R4 INCINME alStatlCr (e) On lots abutting or fronting EI Camino Real, underground garages may not be constructed in any portion of the property line and the building setback line on such frontage but may be constructed in accordance with the foregoing regulations in other portions of the property. 25.29.095 R-4 incentive district subarea. (a) The R-4 Incentive District is located within the Burlingame Downtown Specific Plan Area (refer to Figure 3.2 of the Downtown Specific Plan) located south of Howard Avenue between Highland Avenue and Park Road. In order to provide an incentive to encourage high density residential uses, buildings or structures up to fifty-five feet in height are allowed by right within this subarea (refer to Section 25.29.030 (f)). C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslContent. Out1ook19KF3TVT0Draft Ordinance - DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 & September 7, 2011 1 2 3 4 s 6 7 8 9 A 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 25.29.100 Landscape requirements. No more than forty (40) percent of the front setback of the building shall be paving or other impervious surface. Chapter 25.30 C-1 DISTRICT REGULATIONS Sections: 25. 30.010 Scope of regulations. 25.30.020 Permitted uses. 25.30.030 Conditional uses requiring a conditional use permit. 25.30.035 Prohibited uses. 25.30.040 Additional requirements for health services, beauty shops, barbershop, health studio, tanning facilities. 25.30.045 Design review. 25.30.050 Height and bulk of buildings. 25.30.055 Minimum lot size and street frontage. 25.30.060 Minimum setbacks on certain streets. 25.30.065 Broadway Commercial Area. 25.30.070 Food establishments in the Broadway Commercial Area. 25.30.075 Development standards for properties designated for mixed use — officelretail commercial/residential use by the North Burlingame/Rollins Road Specific Plan. 25.30.010 Scope of regulations. The following regulations of this chapter shall apply to all C-1 districts. 25.30.020 Permitted uses. The following uses are permitted in the C-1 districts: (a) Retail uses, such as drug, liquor, variety stores, paint and hardware, apparel, accessory, stationery, florists, household furnishings, and furniture. (b) Personal services, such as barber and beauty shops, photographic studios, shoe repair, and laundry and dry cleaning services which do not include on-site processing. (c) Business services, such as printing services, mailing services and post office box SBNICOS. (d) Hotels. (e) Pet shop and grooming, but excluding breeding pens, boarding or kennels. C.IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.0utlook19KF3TVTEIDraft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 & September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 (f) Offices except health services and real estate. (g) Financial institutions. (h) Food establishments. (i) Laundromats. 25.30.030 Conditional uses requiring a conditional use permit. The following are conditional uses requiring a conditional use permit in the C-1 District: (a) In the area designated by the North Burlingame/Rollins Road Specific Plan for mixed use office/retail commercial/residential, multi -family residential uses, subject to the development standards prescribed in Section 25.30.060. (b) Commercial recreation uses. (c) Gasoline service stations, subject to regulations prescribed in Chapter 25.74. (d) Pool halls, bowling alleys and other amusement uses. (e) Dry cleaning processing plants. (f) Any building or structure that is more than thirty-five (35) feet in height. (g) Health services. (h) Drive-in services or take-out services associated with permitted uses. (i) Real estate. Q) Classes. (k) Other uses similar in character to those enumerated in this section or Section 25.36.020 which will not be obnoxious or detrimental to the neighborhood in which they are located. (1) Grocery, drug and department stores which operate with the following characteristics: (1) Operate outside the hours of 7:00 a.m. to 11:00 p.m.; or (2) Include sale of alcoholic beverages; or (3) Abut a residential district and do not meet the following requirements: (A) All structures have a maximum height of eighteen (18) feet, (B) A solid wall or fence of six (6) feet in height is to be provided on or about the property line abutting the residential district; (C) Structures cover no more than fifty (50) percent of the lot; (D) At least one hundred twenty (120) percent of required off-street parking is provided, (E) No curb -cut is closer than twenty-five (25) feet to the residential district; (F) The business is wholly contained within the structures on the lot; C:IDocuments and SettingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (G) All storage and loading areas and facilities are wholly contained on-site and at least fifteen (15) feet from the residential district; (H) Areas between structures and adjacent residential districts are inaccessible to the public. 125.30.035 Prohibited uses. Uses not listed as permitted or conditional in this district or any district subarea shall be prohibited, including: (a) Uses of any industrial nature, including, but not limited to junkyards and automobile wrecking establishments. (b) Massage, bathing or similar establishments, unless licensed by the California Massage Therapy Council (CAMTC) pursuant to Chapter 10.5 of the California Business and Professions Code (Section 4600 et seq), which requires that CAMTC licensed massage establishments shall be considered a personal service. (c) Adult-oriented businesses as defined in Chapter 25.76; (d) Warehouses for storage of furniture, household, personal, or other similar articles or outdoor commercial storage. of a commercial structure is subject to design review, any awnings on 25.30.040 Additional requirements for health services, beauty shops, barbershop, health studio, tanning facilities. A health service, beauty shop, barbershop, health studio, or tanning facility in any location in any C-1 district 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. This limitation expressly applies to the Burlingame Avenue Commercial Subareas and Broadway Commercial Area if the use is otherwise allowed. The hours limitation imposed by this section does not apply to an occasional medical emergency at a health service use. 25.30.045 Design review. Construction and alterations as designated in Chapter 25.57 shall be subject to design review under that chapter. When any part 25.30.050 Height and bulk of buildings. Every building hereafter constructed, reconstructed or relocated upon any lot or lots in a C-1 district shall not exceed a height determined by its relation to the area of the lot or lots upon which the building is located in the ratio of three (3) square feet of building to one square foot of land (FAR = 3.0). C:IDocuments and SettingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 & September7, 2011 of a commercial structure is subject to design review, any awnings on the commercial structure shall be included in the design review. 25.30.050 Height and bulk of buildings. Every building hereafter constructed, reconstructed or relocated upon any lot or lots in a C-1 district shall not exceed a height determined by its relation to the area of the lot or lots upon which the building is located in the ratio of three (3) square feet of building to one square foot of land (FAR = 3.0). C:IDocuments and SettingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 & September7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 conditional use permit is required for any building or structure which exceeds thirty-five (35) feet in height (refer to Section 25.30.030(i)). 25.360.055 Minimum lot size and street frontage. Each lot in this district shall have an area of at least five thousand (5,000) square feet and a street frontage of at least fifty (50) feet. 25.360.060 Minimum setbacks on certain streets. There shall be a minimum setback of twenty (20) feet on all buildings constructed on EI Camino Real except where there is an existing frontage road. 25.360.065 Broadway Commercial Area. (a) Permitted Uses. Except as otherwise provided in this section, uses permitted in the C-1 district are permitted uses in the Broadway Commercial Area. (b) Conditional Uses. In addition to the conditional uses allowed in the C-1 district, the following uses are only allowed in the Broadway Commercial Area pursuant to a conditional use permit: (1) Food establishments on certain sites, subject to the criteria established in Section 25.30.070. (2) Health services above the first floor only. (3) Real estate uses that comply with the following standards in addition to any conditions that may be imposed pursuant to Chapter 25.52: (A) Occupy no more than one thousand five hundred (1,500) square feet, and (B) Have no more than ten (10) persons on-site at any one time, and (C) Have a maximum of eight (8) desks or work stations and one conference room on-site, and (D) Are located on the first or second floor. (c) Prohibited Uses. Uses not listed as permitted or conditional shall be prohibited and in particular, but not limited to the uses prohibited in the C-1 district and the following: (1) All offices on the first floor, other than real estate and financial institutions. 25.30.070 Food establishments in the Broadway Commercial Area. (a) Applicability. The provisions of this section shall only apply to food establishments in the Broadway Commercial Area. (b) In the Broadway Commercial Area, the number of food establishments shall be limited as C:IDocuments and SetfingslmkearneylLocal Se[tingslTemporary lntemet FileslContent.Outlook19KF3TVTEIDraft Ordinance -DSP lmplementaton 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 (1) To those existing and in business on November 1, 1998, and at the locations as shown on the Broadway Commercial Area Food Establishments by Type Tables approved by the city council on October 18, 1999. A food establishment is a business as defined in Section 25.08.268 and shall be deemed in business if it was legally open for business as a food establishment to the public on 1, 1998; and (2) Up to five (5) more food establishments at any location in the Broadway Commercial Area, so long as any such food establishment is limited to only a full service food establishment, limited food service food establishment, or a specialty shop food establishment upon approval of a conditional use permit. (c) Seating Area. The seating area of the food establishments described in subsections (b)(1) and (2) of this section may be enlarged only by amendment to the applicable conditional use for the establishment. service restaurant with approval of an amendment (d) Changes in Classification and Replacement. (1) A food establishment use classified as a full service food establishment under subsection (b)(1) or (2) of this section may change its food establishment classification only to a limited food service upon approval of an amendment to the conditional use permit to the establishment. (2) A food establishment use classified as a limited food service food establishment under subsection (b)(1) or (2) of this section may change its food establishment classification only to a full service restaurant with approval of an amendment to the conditional use permit for the establishment. (3) A food establishment use classified as a bar under subsection (b)(1) or (2) of this section may change its food establishment classification only to a full service restaurant or a limited food service with approval of an amendment to the conditional use permit for the establishment. (4) A food establishment use classified as a specialty shop under subsection (b)(1) or (2) of this section shall be allowed to change to a different type of food establishment, except a bar. A specialty shop may be replaced by another specialty shop at the same location within the same or less square footage. If a specialty shop is changed to any other classification, the site shall not return to specialty shop use. (5) A food establishment may be replaced by another food establishment of the same classification so long as the replacement business is of the same classification as that shown for the site pursuant to subsection (b)(1) or (2) of this section, subject to the conditions of the existing conditional use permit, and it complies with the same conditions as in the existing conditional use permit. (e) Change in Location. C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslConten[.Ouflook19KF3NTE1Drafr Ordinance -DSP Implementation 09 07 l f.doc Revised June 16, 2019, August 1, 2091 & September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (1) No food establishment shall occupy a location not shown on the Broadway Commercial Area Food Establishments by Type Tables as approved by the city council on October 18, 1999, or a conditional use permit approved pursuant to subsection (b)(2) of this section. (2) Specialty shops shall not relocate to any other location on the Broadway Commercial Area Food Establishment by Type Tables list as approved by the city council on October 18, 1999. (f) Expansion. An existing food establishment, including specialty shops, may be expanded at its existing location so long as the expansion does not increase the size of the seating area. (g) Loss of Use. A food establishment shall be deemed out of business when the premises i occupied by another business which is not a food establishment. (h) Performance Standards. All food establishments shall comply with the following: (1) Provide trash receptacle(s) at location(s) and of a design selected by the city; (2) Provide litter control along all frontages of the business and within fifty (50) feet of all frontages of the business; (3) Apply for a conditional use permit for delivery of prepared food from the premise, and (4) Food sales from a window or any opening within ten (10) feet of property line shall be prohibited. C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTEIDraft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August i, 2011 &September 7, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Praa�lw�y� Cc�mm�r�a� Aria Es[abbbed by Ordinance 66.1272 adapted by the: 4.liyCouncil on April 16,1984 25.30.075 Development standards for properties designated for mixed use —office/retail commercial/residential use by the North Burlingame/Rollins Road Specific Plan. C:IDocuments and SettingslmkearneylLocal SettingslTemporary Intemet FileslContent.Outlook19KF3NTE1Draft OMinance -DSP Implementation 09 07 ll.doc Revised June 16, 2011, August 1, 2011 & September 7, 2011 .40 1 2 3 4 s 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 2s 26 27 2B 29 30 31 32 (a) Multi -family dwellings, mixed uses, or commercial uses may be located and erected in one or more buildings on anyone lot. (b) Density: There shall be a maximum residential density of 40 dwelling units per acre; this density shall apply whether the project is a stand-alone residential project or combined with retail or office uses in a mixed use project. (c) Minimum Building Height: Structures fronting on EI Camino Real shall have a minimum building height of four (4) stories or forty-eight (48) feet in height, whichever is greater. Structures frontinc on Trousdale or Murchison shall have a minimum building height of three (3) stories or thirty-five (35) feet whichever is greater. (d) Maximum Building Height: Residential structures without any commercial uses shall have a maximum height of sixty-two (62) feet. Mixed use, commercial, including office, retail and residential structures shall have a maximum height of seventy-five (75) feet. (e) Notwithstanding any other provisions of this Chapter, maximum heights are also subject to further limitation by the Federal Aviation Administration. (f) Setbacks along EI Camino Real and Trousdale. (1) A minimum of seventy-five (75) percent of the first thirty-five (35) feet in height of a structure along EI Camino Real shall be set back zero feet from the front property line. (2) Any portion of the structure over thirty-five (35) feet in height and less than fifty (50) feet in height may be set back up to fifteen (15) feet from the EI Camino Real property line. (g) Setbacks along Murchison Drive: The first story or porch deck more than three (3) feet above adjacent grade of any structure containing a dwelling unit and the first story wall of any or office use shall be set back at least ten (10) feet from the front property line; and an average of at least sixty (60) percent of the structure shall be located at the front setback line. (h) Interior side setbacks. (1) For lots fronting on EI Camino Real, the minimum interior side setback for the first thirty- five (35) feet in height of any structure shall be zero feet. There shall be a minimum side setback of ten (10) feet above thirty-five (35) feet in height. (2) For lots fronting on Murchison or Trousdale, the minimum interior side setback shall be ten (10) feet, and up to thirty-five (35) percent of the structure may encroach up to three (3) feet into this minimum side setback in order to achieve articulation along the sides of the structure. (i) The exterior side setback for all corner lots shall be determined by the front setback required along that street frontage. C.IDocuments and SettingslmkearneylLocal SettingslTemporary Internet FileslOontent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 5 6 7 8 9 ].0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0) Rear setbacks. Except for through lots, the minimum rear setback shall be fifteen (15) feet from the rear property line. For through lots, the minimum rear setback shall be the same as the required build -to line for the street frontage the rear property line adjoins. a a North Burlingame/Rollins Road G`\�� Specific Plan Mixed Ilse_ gfficxMetail comm€rciaVRealtlentFal cm ,N Chapter 25.31 C-2 DISTRICT REGULATIONS Sections: 25.31.010 Scope of regulations. 25.31.020 Permitted uses. 25.31.030 Conditional uses. 25.31.035 Prohibited uses. 25.31.040 Additional requirements for health services, beauty shops, barbershop, health studio, tanning facilities. 25.31.045 Design review. 25.31.050 Building regulations. 25.31.055 Minimum lot size and street frontage. CADocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.Outtook19KF3TVTLoraft Ordinance - DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 & September 7, 2011 1 z 3 4 s 6 7 8 9 10 11 12 13 14 1s 16 17 8 19 z0 21 22 23 24 25 26 27 28 29 30 31 32 25.31.060 25.31.065 North California Drive Commercial District. Carolan/Rollins Commercial Area—R-4 overlay zone. 25.31.010 C:IDocuments and SettingslmkeameylLocal SettingslTemporary Intern Scope of regulations. The following regulations of this chapter shall apply to all C-2 districts. 25.31.020 Permitted uses. The following uses are permitted in the C-2 districts: (a) All uses permitted in the C-1 districts and subject to the same regulations and restrictions applying to those uses in their respective districts. (b) Automobile repair shop, specialty tire shop, battery rebuilding shop, tire building or recapping, auto paint shop. (c) Automobile sales lot. (d) Automobile washrack in which power -driven machinery or steam cleaning is used, all of which must be in an enclosed building. (e) Building trades contracting, conducted within an enclosed building. (f) Carpenter shop, cabinet making, furniture repairing, machine shop, plumbing and heating shop, or sheet metal shop, conducted within an enclosed building. (g) Laundry and dry cleaning processing plant. (h) Pool halls, bowling alleys and other commercial amusements, all of which must be conducted within an enclosed building. (i) Electrical repair shop. Q) Newspaper and job printing. (k) Trade school. (1) Sign shop. (m) Accessory uses incidental to the uses in this section, and customary accessory buildings when located on the same lot. 25.31.030 Conditional uses. The following are conditional uses requiring a conditional use permit: (a) 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. (b) Residential hotels. (c) Any building or structure which exceeds thirty-five (35) feet in height. et FileslContent.Outlook19KF3TVTE1Oraft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 4 s 6 8 9 10 1 12 13 14 16 18 19 20 21 22 23 24 zs 26 27 28 z9 30 31 32 (d) Other uses similar in character to those enumerated in this section or Section 25.30.020 which will not be obnoxious or detrimental to the neighborhood in which they are located. 25.31.035 Prohibited uses. Uses not listed as permitted or conditional shall be prohibited including: (a) Uses of any industrial nature, including, but not limited to junkyards and automobile wrecking establishment; (b) Massage, bathing or similar establishments, unless licensed by the California Massage Therapy Council (CAMTC) pursuant to Chapter 10.5 of the California Business and Professions Code (Section 4600 et seq), which requires that CAMTC licensed massage establishments shall be considered � a personal service. (c) Adult-oriented businesses as defined in Chapter 25.76; (d) Warehouses for storage of furniture, household, personal, or other similar articles or outdoor commercial storage, except automobile storage as allowed pursuant to this chapter. 25.31.040 Additional requirements for health services, beauty shops, barbershop, health studio, tanning facilities. A health service, beauty shop, barbershop, health studio, or tanning facility in any location in any C-2 district 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. This limitation expressly applies to the Burlingame Avenue Commercial Area if the use is otherwise allowed. The hours limitation imposed by this section does not apply to an occasional medical emergency at a health service use. 25.31.045 Design review. Construction and alterations as designated in Chapter 25.57 shall be subject to design review under that chapter. When any part of a commercial structure is subject to design review, any awnings on the commercial structure shall be included in the design review. 25.31.050 Building regulations. Every building hereafter constructed, reconstructed or relocated upon any lot or lots in a C-2 district shall not exceed a height determined by its relation to the area of the lot or lots upon which the building is located in the ratio of three (3) square feet of building to one square foot of land (FAR= 3.0). conditional use permit is required for any building or structure which exceeds thirty-five (35) feet in height (refer to Section 25.31.030(d)), 25.31.055 Minimum lot size and street frontage. C:IDocuments and SettingsVnkeameylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 Each lot in this district shall have an area of at least five thousand (5,000) square feet and a street frontage of at least fifty (50) feet. 25.31.060 North California Drive Commercial District. The following provisions shall apply to the portions the Downtown Specific Plan that are within North California Drive Commercial District: BURLINGAME QOWNTONIN SPECIFIC PLAN. North {alifornta.Drive Commercial District (a) In addition to the permitted uses specified in Section 25.31.020, live/work units shall be permitted above the first floor only. (b) Setbacks. The following setbacks shall apply to the North California Drive Commercial District: (1) There shall be no minimum foot front setback. (2) There shall be a minimum ten (10) foot rear setback. (3) For properties with a side yard adjoining a residential district , there shall be a minimum five (5) foot side setback. C:IDocuments and SettingsUnkeameylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Drafr Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 (c) Building height. No building or structure shall be constructed in the North California Commercial District which exceeds fifty-five (55) feet in height. A conditional use permit shall be required for building or structures which exceed thirty-five (35) feet in height (refer to Section 25.31.O3O(d)). (e) Lot Coverage. The maximum lot coverage for all buildings and structures in the North California Drive Commercial District shall be seventy-five (75) per cent of the lot area. (f) Exceptions allowed with a special permit. The following exceptions shall be allowed in the North California Drive Commercial District with a special permit: (1) Architectural features in excess of the maximum building height which do not extend more than ten feet above the maximum height and do not occupy more than ten (10) percent of the roof area. The architectural features shall enhance the design of the building and shall be reviewed as a part of the Design Review process as outlined in Chapter 25.57 of this code. 25.31.065 Carolan/Rollins Commercial Area—R-4 overlay zone. In addition to the permitted uses specified in Section 25.31.020 and the conditional uses in Section 25.31.030, multiple -family residential uses are conditional uses within the Carolan/Rollins Commercial Area as shown (a) Height of structures within one hundred (1 00) feet of southerly propert on the map attached to the ordinance codified in this section, subject to the regulations and restrictions of the R-4 zone district, and subject to the following additional standards: y line adjacent to R-1 and R-3 zoned properties shall not exceed two and one-half (2-1/2) stories or thirt y (30) feet in whichever is less, as measured from average top of curb taken from the corners of the lot extended, except as follows: (1) A structure between thirty (30) and thirty-six (36) feet upon approval of a special permit under the building design to mitigate the impact of the taller structure on neighboring propert the provisions of Chapter 25.51. Findings for the granting of a special permit for height shall be based on the findings contained in Chapter 25.51, and shall particularly focus on providing articulation in 25.54. ies. (2) A structure of thirt y-six (36) feet or taller upon approval of a variance under Chapter (b) The minimum setback from the southerly property line adjacent to R-1 and R-3 zoned properties shall be twenty (20) feet. This setback shall consist of a landscape screen containing large scale trees selected from the Community Development Department Tree List for Private Property Planting. (1) Vehicular circulation and/or parking may be considered within this setback upon approval of a special permit under the provisions of Chapter 25.54. Findings for the granting of a special permit C:IDocuments and SettingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 -4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 us 101 roes <4 �'(7 R4 423 1pJf North Park qy Aperlments s 35 -foot 4; height limit °1 rf within iOD feet n G of southerly G g properly line . ° 0°4 o a 21)-ront AO' from mutherly o property line o R- qe � 4 � nor O a 2 o a� CAROLAWROLLINS c ca'a�8 COMMERCIALAREA 1(t�e aq`�a R-4 OVERLAY ZONE vehicular circulation and/or parking shall be based as defined in Chapter 25.54, and shall include a determination that a landscape buffer is provided and other measures are incorporated into the design to minimize the impact on the adjoining properties. Chapter 25.32 BAC (BURLINGAME AVENUE COMMERCIAL) DISTRICT REGULATIONS Sections: 25.32.010 Scope of regulations. 25.32.020 Permitted uses. 25.32.030 Conditional uses requiring a conditional use permit. 25.32.035 Prohibited uses. C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance - DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 & September 7, 2011 1 2 3 4 s 6 7 a 9 to 11 12 13 14 is 16 17 18 19 z0 21 zz 23 24 zs 26 27 28 29 30 31 32 125.32.040 125.32.045 25.32.050 25.32.055 25.32.060 25.32.065 25.32.070 Additional requirements for health services, beauty shops, barbershop, health studio, tanning facilities. Building replacement and design review in the BAC, Burlingame Avenue Commercial District. Minimum lot size and street frontage. Building height. Setbacks and build -to lines. Exceptions allowed with a special permit. Food establishments in the BAC, Burlingame Avenue Commercial District. 25.32.010 Scope of regulations. The Burlingame Avenue Commercial District is the commercial and retail heart of Downtown Burlingame. It is the purpose of this chapter to encourage and maintain the current mixture of retail, personal service and restaurant uses which keep the heart of the downtown area lively. The following regulations shall apply to all properties within the BAC district. 25.32.020 Permitted uses. The following uses are permitted in the BAC district: (a) Retail uses which achieve contiguous, pedestrian -oriented, retail frontage such as drug, liquor, variety stores, paint and hardware, apparel, accessory, stationery, florists, household furnishings, and furniture. (b) Personal services, such as barber and beauty shops, photographic studios, shoe repair and laundry and dry cleaning services which do not include on-site processing. (c) Business services, such as printing services, mailing services and post office box services. (d) Hotels. (e) Travel agencies. (f) Government agencies. (g) Above the first floor only: (1) Offices, except health services and real estate. (h) Above and below the first floor only: (1) Personal trainer and assessment businesses. 25.32.030 Conditional uses requiring a conditional use permit. C:IDocuments and SettingslmkeameylL.ocal SettingslTemporary Intern et FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 ll.doc Revised June 16, 2011, August 1, 2011 & September 7, 2011 1 2 3 4 s 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 The following are conditional uses requiring a conditional use permit in the BAC District: (a) Instructional classes incidental to retail or service use. (b) Grocery stores and markets. (C) Schools, above or below the first floor only, which operate outside of peak retail hours onlY. (d) Above the first floor only: (1) Real estate offices. (2) Health Services. (3) Financial Institutions. (e Public utility and public service buildings and facilities. (f Drive-in services or take-out services associated with permitted uses. (g Food establishments on certain sites, subject to the criteria established in Section 25.32.070. (h) Any building or structure which is more than thirty-five (35) feet in height, up to a maximum building height of fifty-five (55) feet. 25.32.035 Prohibited uses. Uses not listed as permitted or conditional shall be prohibited and in particular, but not limited to the following: (a) Uses of any industrial nature, including, but not limited to junkyards and automobile wrecking establishments. (b) Massage, bathing or similar establishments, unless licensed by the California Massage Therapy Council (CAMTC) pursuant to Chapter 10.5 of the California Business and Professions Code (Section 4600 et sec), which requires that CAMTC licensed massage establishments shall be considered a personal service. (c) Laundry and dry cleaning agencies with on-site processing plants. (d) Adult-oriented businesses as defined in Chapter 25.76. (e) Warehouses for storage of furniture, household, personal, or other similar articles or outdoor commercial storage. 25.32.040 Additional requirements for health services, beauty shops, barbershop, health studio, tanning facilities. A health service, beauty shop, barbershop, health studio, or tanning facility in any location in any BAC district shall be limited to the hours of 7:00 a.m. to 9:00 p.m. unless a conditional use permit is C:IDocuments and SettingslmkeameylLocal SetffngslTemporary Internet FileslContent.Outlook19KF3TVTEIDraft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. 25.32.045 I District. Building replacement and design review in the BAC, Burlingame Avenue Commercial The following provisions shall apply to the removal, remodel or construction of any building constructed within BAC, Burlingame Avenue Commercial District: (a) Construction and alterations as designated in Chapter 25.57 shall be subject to design review under that chapter. When any part of a commercial structure is subject to design review, any awnings on the commercial structure shall be included in the design review; and (b) In addition to the Design Review requirements contained in Chapter 25.57, all fagade changes within the BAC District shall also be subject to the design review process unless the changes qualify for the administrative minor design review process outlined in Section 25.57.018; and (c) No part of any building shall be removed or significantly altered on the exterior without compliance with all the requirements of California Environmental Quality Act, including an analysis of the contribution, both independently and cumulative, of the structure to be replaced or modified to the pedestrian -oriented retail fabric of and the city's general and specific plan policies; and (d) A demolition permit shall not be issued until the planning commission has approved the design review application for the project. 25.32.050 Minimum lot size and street frontage. Each lot in this district shall have an area of at least five thousand (5,000) square feet and a street frontage of at least fifty (50) feet. 25.32.055 Building height. (a) No building or structure shall be constructed in the BAC district which exceeds fifty-five (55) feet in height. A conditional use permit is required for any building or structure which exceeds thirty- five (35) feet in height (refer to Section 25.32.030(h)). 25.32.060 Setbacks and build -to lines. (a) EI Camino Real. There shall beaten (10) foot build -to line along EI Camino Real. A minimum of sixty (60) percent of the structure shall be located at the build -to line. (b) Except for grope ties fronting on EI Camino Real, the front wall of the first story of any structure shall have no minimum front setback, and a minimum of sixty (60) percent of the structure shall be located at the front property line. C,0ocuments and SettingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlookl9KF3TVTE1Draft Ordinance - DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 & September 7, 2011 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (c) There shall be no minimum side or rear setback, except properties with side or rear setbacks along EI Camino Real. 25.32.065 Exceptions allowed with a special permit. The following exceptions shall be allowed in the district with a special permit: (a) Architectural features in excess of the maximum building height which do not extend more than ten feet above the maximum height and do not occupy more than ten (10) percent of the roof area. The architectural features shall enhance the design of the building and shall be reviewed as a part of the Design Review process as outlined in Chapter 25.57 of this code. 25.32.070 Food establishments in the BAC, Burlingame Avenue Commercial District. (a) Applicability. The provisions of this section shall only apply to food establishments in the Burlingame Avenue Commercial District. (b) In the BAC, Burlingame Avenue Commercial District, the number of food establishments shall be limited as follows: (1) To those existing and in business on November 1, 1998, and at the locations as shown on the Burlingame Avenue Commercial District Food Establishments by Type Tables approved by the cil council on September 19, 2011. A food establishment is a business as defined in Section 25.08.268 and shall be deemed in business if it was legally open for business as a food establishment to the public on November 1, 1998; and (c) Seating Area. The seating area of the food establishments described in subsection (b) of this section as shown on the Burlingame Avenue Commercial District Food Establishments by Type Tables approved by the city council on September 19, 2011, above may be enlarged only by amendment to the applicable conditional use permit for the establishment. (d) Changes in Classification and Replacement. (1) A food establishment use classified as a full service restaurant by the Burlingame Avenuf Commercial District Food Establishments by Type Tables may change its food establishment classification only to a limited food service or bar upon approval of an amendment to the conditional use permit to the establishment. (2) A food establishment use classified as a limited food service by the Burlingame Avenue Commercial District Food Establishments by Type Tables may change its food establishment classification only to a full service restaurant or bar with approval of an amendment to the conditional use permit for the establishment. C:IDocuments and SettingslmkeameylLocal SetfingslTemporary Internet FileslContent.Outlook19KF3NTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, Augus[ 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 s 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (3) A food establishment use classified as a bar by the Burlingame Avenue Commercial District Food Establishments by Type Tables may change its food establishment classification only to a full service restaurant or a limited food service with approval of an amendment to the conditional use permit for the establishment. (4) A food establishment use classified as a specialty shop by the Burlingame Avenue Commercial District Food Establishments by Type Table shall be allowed to change to a different type of food establishment. A specialty shop may be replaced by another specialty shop at the same location within the same or less square footage. If a specialty shop is changed to any other classification the site shall not return to specialty shop use. (5) A food establishment may be replaced by another food establishment of the same classification so long as the replacement business is of the same classification as that shown for the site on the Burlingame Avenue Commercial District Food Establishments by Type Tables subject to the conditions of the existing conditional use permit, and it complies with the same conditions as in the existing conditional use permit. (e) Change in Location. (1) No food establishment shall occupy a location not shown on the Burlingame Avenue Commercial District Food Establishments by Type Tables as approved by the city council on September 19, 2011. receptacles) at locations) and of a design selected by the city; (2) Specialty shops shall not relocate to any other location on the Burlingame Avenue Commercial District Food Establishment by Type Tables list as approved by the city council on September 19, 2011. (f) Review of Number of Food Establishments. When the total number of food establishments in the Burlingame Avenue Commercial Area drops below fort y (40) for a period of more than twelve (12) consecutive months, the director of community development shall report this to the planning commission and city council. (g) Expansion. An existing food establishment, including specialty shops, may be expanded at its existing location so long as the expansion does not increase the size of the seating area. (h) Loss of Use. A food establishment shall be deemed out of business when the premises occupied by another business which is not a food establishment. (i) Performance Standards. All food establishments shall comply with the following: (1) Provide trash receptacles) at locations) and of a design selected by the city; C:1Documents and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.0utlook19KF3NTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 z 3 4 5 6 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (2) Provide litter control along all frontages of the business and within fifty (50) feet of all frontages of the business, (3) Apply for a conditional use permit for delivery of prepared food from the premise; and (4) Food sales from a window or any opening within ten (10) feet of property line shall be prohibited. Chapter 25.33 HMU (HOWARD MIXED USE) DISTRICT REGULATIONS Sections: 25.33.010 Scope of regulations. 25.33.020 Permitted uses. 25.33.030 Conditional uses requiring a conditional use permit. 25.33.035 Prohibited Uses. 25.33.040 Additional requirements for health services, beauty shops, barbershop health studio 25.33.010 Scope of regulations. The Howard Mixed Use District is the area to the south of Burlingame Avenue in Downtown Burlingame and consists of a mix of uses. The streets that connect Howard Avenue with Burlingame Avenue act as connectors with the commercial uses along those streets strengthening the relationship between Burlingame and Howard Avenues. The following regulations shall apply to all properties within the HMU district. 25.33.020 Permitted uses. The following uses are permitted in the HMU district: (a) Retail uses which achieve contiguous, pedestrian -oriented, retail frontage such as drug, liquor, variety stores, paint and hardware, apparel, accessory, stationery, florists, household furnishings, and furniture. C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.0utlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 tanning facilities. 25.33.045 Design review. 25.33.050 Minimum lot size and street frontage. 25.33.055 Building height. 25.33.060 Setbacks and build -to lines 25.33.065 Minimum ground floor ceiling height 25.33.070 Exceptions allowed with a special permit. 25.33.010 Scope of regulations. The Howard Mixed Use District is the area to the south of Burlingame Avenue in Downtown Burlingame and consists of a mix of uses. The streets that connect Howard Avenue with Burlingame Avenue act as connectors with the commercial uses along those streets strengthening the relationship between Burlingame and Howard Avenues. The following regulations shall apply to all properties within the HMU district. 25.33.020 Permitted uses. The following uses are permitted in the HMU district: (a) Retail uses which achieve contiguous, pedestrian -oriented, retail frontage such as drug, liquor, variety stores, paint and hardware, apparel, accessory, stationery, florists, household furnishings, and furniture. C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.0utlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (b) Personal services, such as barber and beauty shops, photographic studios, shoe repair and laundry and dry cleaning services which do not include on-site processing. (c) Business services, such as printing services, mailing services and post office box services. (d) Hotels. (e) Travel agencies. (f) Government agencies. (g) Grocery stores and markets. (g) Financial Institutions. (f) Above the first floor only: (1) Offices, including health services and real estate, with parking as required by Chapter 25.70. (2) Multi -family residential uses, including live/work, with an average maximum unit size of 1250 square feet. Average maximum unit size is defined as the maximum value allowed when averaging the square footage of gross floor areas of all residential units in a project. (g) Above and below the first floor only: (1) Personal trainer and assessment businesses. 25.33.030 Conditional uses requiring a conditional use permit. The following are conditional uses requiring a conditional use permit in the HMU District: (a) Instructional classes incidental to retail or service use. (b) Commercial recreation use. (c) Food establishments. (d) Pool halls, bowling alleys and other commercial amusements. (e) Performing arts facilities. (f) Laundry and dry cleaning agencies with on-site processing plants. (g) Drive-in services or take-out services associated with permitted uses. 25.33.035 Prohibited Uses. Uses not listed as permitted or conditional shall be prohibited and in particular, but not limited to the following: (a) Uses of any industrial nature, including, but not limited to junkyards and automobile wrecking establishments. C:IDocuments and SetfingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 1l.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 zs 26 27 2s 29 30 31 32 (b) Massage, bathing or similar establishments, unless licensed by the California Massage Therapy Council (CAMTC) pursuant to Chapter 10.5 of the California Business and Professions Code (section 4600 et seq), which requires that CAMTC licensed massage establishments shall be considered a personal service. (c) Adult-oriented businesses as defined in Chapter 25.76. (d) Warehouses for storage of furniture, household, personal, or other similar articles or outdoor commercial storage. 25.33.040 Additional requirements for health services, beauty shops, barbershop, health studio, tanning facilities. A health service, beauty shop, barbershop, health studio, or tanning facility in any location in any HMU district 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. 25.33.045 Design review. Construction and alterations as designated in Chapter 25.57 shall be subject to design review under that chapter. When any part of a commercial or mixed use structure is subject to design review, any awnings on the structure shall be included in the design review. 25.33.050 Minimum lot size and street frontage. Each lot in this district shall have an area of at least five thousand (5,000) square feet and a street frontage of at least fifty (50) feet. 25.33.055 Building height. (a) No building or structure shall be constructed in the HMU district which exceeds fifty-five (55) feet in height. 25.33.060 Setbacks and build -to lines (a) EI Camino Real. There shall beaten (10) foot build -to line along EI Camino Real. A minimum of sixty (60) percent of the structure shall be located at the build -to line. (b) Except for properties fronting on EI Camino Real, the front wall of the first story of any structure shall have no minimum front setback, and a minimum of sixty (60) percent of the structure shall be located at the front property line. (c) There shall be no minimum side or rear setback, except properties with side or rear setbacks along EI Camino Real. C:IDocuments and Sett ingslmkeameylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Dra(t Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 & September7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 25.33.065 Minimum ground floor ceiling height New building or structures or projects determined to be substantial construction shall have a minimum ground floor ceiling height of fifteen (15) feet, as measured from finished floor to the ceiling of the ground floor. 25.33.070 Exceptions allowed with a special permit. The following exceptions shall be allowed in the district with a special permit: (a) Architectural features in excess of the maximum building height which do not extend more than ten feet above the maximum height and do not occupy more than ten (10) percent of the roof area. The architectural features shall enhance the design of the building and shall be reviewed as a part of the Design Review process as outlined in Chapter 25.57 of this code. Chapter 25.34 MMU (MYRTLE ROAD MIXED USE) DISTRICT REGULATIONS Sections: 25.34.010 Scope of regulations. 25.34.020 Permitted uses. 25.34.030 Conditional uses requiring a conditional use permit. 25.34.035 Prohibited uses. 25.34.040 Additional requirements for health services beauty shops barbershop health studio 25.34.010 Scope of regulations. The Myrtle Road Mixed Use District is centered on Myrtle Road and East Lane, east of the Caltrain railroad tracks. Development should be consistent with the existing neighborhood scale of small streets and varied commercial and residential buildings. New development shall maintain the existing pattern at a scale consistent with the adjacent residential areas, to serve as a buffer between the C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 0711.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 tanning facilities. 25.34.045 Design review. 25.34.050 Minimum lot size and street frontage. 25.34.055 Building height. 25.34.060 Setbacks. 25.34.065 Lot Coverage. 25.34.070 Landscape requirements. 25.34.075 Exceptions allowed with a special permit. 25.34.010 Scope of regulations. The Myrtle Road Mixed Use District is centered on Myrtle Road and East Lane, east of the Caltrain railroad tracks. Development should be consistent with the existing neighborhood scale of small streets and varied commercial and residential buildings. New development shall maintain the existing pattern at a scale consistent with the adjacent residential areas, to serve as a buffer between the C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 0711.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 downtown commercial district and the residential neighborhoods to the east. The following regulations shall apply to all properties within the MMU district. 25.34.020 Permitted uses. The following uses are permitted in the MMU district: (a) Retail uses with a gross floor area of less than six thousand (6000) square feet, which achieve contiguous, pedestrian -oriented, retail frontage such as drug, liquor, variety stores, paint and hardware, apparel, accessory, stationery, florists, household furnishings, and furniture. (b) Personal services, such as barber and beauty shops, photographic studios, shoe repair and laundry and dry cleaning services which do not include on-site processing. (c) Business services, such as printing services, mailing services and post office box services. (d) Service commercial uses with a gross floor area of less than 6000 square feet, such as automobile repair and maintenance, and repair and maintenance of electronic, personal and household goods. (e) Offices, except health services and real estate. (f) Travel agencies. (g) Government agencies. 25.34.030 Conditional uses requiring a conditional use permit. The following are conditional uses requiring a conditional use permit in the MMU District: (a) Multi -family residential uses, including live/work, with an average maximum unit size of twelve hundred and fifty (1250) square feet. Average maximum unit size is defined as the maximum value allowed when averaging the square footage of gross floor areas of all residential units in a project. (b) Health services and real estate offices. (c) Financial Institutions. (d) Retail uses and service commercial uses greater than six thousand (6000) square feet in floor area. (e) Any building or structure which is more than thirty-five (35) feet in height, but not to exceed forty-five (45) feet in height. 25.34.035 Prohibited uses. Uses not listed as permitted or conditional shall be prohibited and in particular, but not limited to the following: C:IDocuments and SettingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTEIDraft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 (a) Uses of any industrial nature, including, but not limited to junkyards and automobile wrecking establishments. (b) Massage, bathing or similar establishments, unless licensed by the California Massage Therapy Council (CAMTC) pursuant to Chapter 10.5 of the California Business and Professions Code (section 4600 et seq), which requires that CAMTC licensed massage establishmentss a e considered a personal service. (c) Adult-oriented businesses as defined in Chapter 25.76. (d) Warehouses for storage of furniture, household, personal, or other similar articles or outdoor commercial storage. 25.34.040 Additional requirements for health services, beauty shops, barbershop, health studio, tanning facilities. A health service, beauty shop, barbershop, health studio, or tanning facility in any location in any MMU district 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. 25.34.045 Design review. Construction and alterations as designated in Chapter 25.57 shall be subject to design review under that chapter. When any part of a commercial or mixed use structure is subject to design review, any awnings on the structure shall be included in the design review. 25.34.050 Minimum lot size and street frontage. Each lot in this district shall have an area of at least five thousand (5,000) square feet and a street frontage of at least fifty (50) feet. 25.34.055 Building height. (a) No building or structure shall be constructed in the MMU district which exceeds forty-five (45) feet in height. A conditional use permit is required for any building or structure which exceeds thirty- five (35) feet in height (refer to Section 25.34.030(e)). 25.34.060 Setbacks. (a) Front. There shall be a minimum front setback of ten (10) feet. (b) Side. There shall be no minimum side setback. (c) Rear. There shall be a rear setback of 20 feet. 25.34.065 Lot Coverage. C:IDocuments and SettingslmkearneylLocal SeftingslTemporary Internet FileslContenLOutlook19KF3TVTEIDraft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 & September 7, 2011 I The maximum lot coverage for all buildings and structures, including balconies, stairs, roof 2 overhangs exceeding twenty-four (24) inches, trellises and improvements exceeding thirty (30) inches in 3 height, shall be seventy-five (75) percent of the lot area. 4 25.34.070 Landscape requirements. 5 A minimum of ten (10) percent of the front setback shall be landscaped. 6 25.34.075 Exceptions allowed with a special permit. 7 The following exceptions shall be allowed in the district with a special permit: 8 (a) Architectural features in excess of the maximum building height which do not extend 9 more than ten feet above the maximum height and do not occupy more than ten (10) percent of the roof 10 area. The architectural features shall enhance the design of the building and shall be reviewed as a part 11 of the Design Review process as outlined in Chapter 25.57 of this code. 12 Chapter 25,35 BMU (BAYSWATER MIXED USE) DISTRICT REGULATIONS 13 Sections: 14 25.35.010 Scope of regulations. 15 25.35.020 Permitted uses. 16 25.35.030 Conditional uses requiring a conditional use permit. 17 25.35.035 Prohibited uses. 18 25.35.040 Additional requirements for health services, beauty shops, barbershop, health studio, 19 tanning facilities. 20 25.35.045 Design review. 21 25.35.050 Minimum lot size and street frontage. 22 25.35.055 Building height. 23 25.35.060 Setbacks. 24 25.35.065 Lot coverage. 25 25.35.070 Landscape requirements. 26 25.35.075 Exceptions allowed with a special permit. 27 28 25.35.010 Scope of regulations. 29 The Bayswater Mixed Use District is centered on Bayswater Avenue between EI Camino Real 30 and Park Road. Development should be consistent with the existing neighborhood scale of small streets 31 and varied commercial and residential buildings. New development shall maintain the existing pattern at 32 a scale consistent with the adjacent residential areas, to serve as a buffer between the downtown C:IDocuments and SettingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTLADraft Ordinance - DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 & September 7, 2011 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 commercial district and the residential neighborhoods to the south and east. The following regulations shall apply to all properties within the BMU district. 25.35.020 Permitted uses. The following uses are permitted in the BMU district: (a) Personal services, such as barber and beauty shops, photographic studios, shoe repair and laundry and dry cleaning services which do not include on-site processing. (b) Business services, such as printing services, mailing services and post office box services. (c) Travel agencies. (d) Government agencies. (e) Financial Institutions. (f) Multi -family residential uses, including live/work, with an average maximum unit size of 1250 square feet. Average maximum unit size is defined as the maximum value allowed when averaging the square footage of gross floor areas of all residential units in a project. 25.35.030 Conditional uses requiring a conditional use permit. The following are conditional uses requiring a conditional use permit in the BMU District: (a) Offices, including health services and real estate offices. (b) Religious facility. (c) In association with a religious facility or nonprofit institution, provisions of any use or activity which is not directly related to providing religious services by the religious organization including leasing of premises for instructional uses or non -religious based counseling services; (d) In association with a religious facility or nonprofit institution, provision of temporary shelter for homeless individuals or families, provided that the facility is located within a transportation corridor and the use does not occur continuously at any one location for more than six (6) months of any twelve (12) month period. (e) Schools, public and private. (f) Commercial recreation use. (g) Any building or structure which is more than thirty-five (35) feet in height. (h) Limited Corner Store Retail, subject to the following standards: (1) There shall be no more than 2000 square feet of gross floor area devoted to the limited corner store retail use. C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTEIDraft Ordinance -DSP Implementafion 09 07 11.doc Revised June 16, 2011, August 1, 2011 & September7, 2011 6 7 a 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 I 32 (2) Limited corner store retail may sell food products, household items, hardware, newspapers and magazines. (3) The limited corner store retail may offer freshly prepared foods for on-site consumption take-out, but the food preparation and dining space shall not exceed twenty (20) percent of the store's gross floor area. (4) Hours of operation shall be limited to 7:00 a.m. (d) to 10:00 p.m. (5) No permanently installed security bars shall be allowed, only retractable or removable security features may be used. 25.35.035 Prohibited uses. Uses not listed as permitted or conditional shall be prohibited and in particular, but not limited to the following: (a) Uses of any industrial nature, including, but not limited to junkyards and automobile wrecking establishments. (b) Massage, bathing or similar establishments, unless licensed by the California Massage Therapy Council (CAMTC) pursuant to Chapter 10.5 of the California Business and Professions Code (Section 4600 et seq), which requires that CAMTC licensed massage establishments shall be considered a personal service. (c) Adult-oriented businesses as defined in Chapter 25.76. (d) Warehouses for storage of furniture, household, personal, or other similar articles or outdoor commercial storage. 25.35.040 Additional requirements for health services, beauty shops, barbershop, health studio, tanning facilities. A health service, beauty shop, barbershop, health studio, or tanning facility in any location in any BMU district 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. 25.35.045 Design review. Construction and alterations as designated in Chapter 25.57 shall be subject to design review under that chapter. When any part of a commercial or mixed use structure is subject to design review, any awnings C:IDocuments and SettingslmkeameylLocal SettingslTemporary on the structure shall be included in the design review. 25.35.050 Minimum lot size and street frontage. Internet FileslContent.Outlook19KF3TVTEIDraft Ordinance -DSP Implementation 09 07 ll. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 8 9 to 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 Each lot in this district shall have an area of at least five thousand (5,000) square feet and a street frontage of at least fifty (50) feet. 25.35.055 Building height. No building or structure shall be constructed in the BMU district which exceeds fifty-five (55) feet in height. A conditional use permit is required for any building or structure which exceeds thirty-five (35) feet in height (refer to Section 25.35.030(c)). 25.35.060 Setbacks. (a) EI Camino Real setback. There shall be a minimum twenty (20) foot setback along EI Camino Real. (b) Front. With the exception of properties with EI Camino Real frontage, there shall be a minimum front setback of ten (10) feet. (c) Side. There shall be no minimum side setback. (d) Rear. There shall be a rear setback of 20 feet. 25.35.065 Lot coverage. The maximum lot coverage for all buildings and structures, including balconies, stairs, roof overhangs exceeding twenty-four (24) inches, trellises and improvements exceeding thirty (30) inches in height, shall be seventy-five (75) percent of the lot area. 25.35.070 Landscape requirements. A minimum of ten (10) percent of the front setback shall be landscaped. 25.35.075 Exceptions allowed with a special permit. The following exception shall be allowed in the district with a special permit: (a) Architectural features in excess of the maximum building height which do not extend more than ten feet above the maximum height and do not occupy more than ten (10) percent of the roof area. The architectural features shall enhance the design of the building and shall be reviewed as a part of the Design Review process as outlined in Chapter 25.57 of this code. Chapter 25.36 DAC (DONNELLY AVENUE COMMERCIAL) DISTRICT REGULATIONS Sections: 25.36.010 Scope of regulations. 25.36.020 Permitted uses. 25.36.030 Conditional uses requiring a conditional use permit. 25.36.035 Prohibited uses. C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTEIDraft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 & September7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 25.36.040 25.36.045 25.36.050 25.36.055 25.36.060 25.36.065 Additional requirements for health services, beauty shops, barbershop, health studio, tanning facilities. Minimum lot size and street frontage. Building height. Setbacks and build -to lines. Minimum ground floor ceiling height. Exceptions allowed with a special permit. 25.36.010 Scope of regulations. The Donnelly Avenue Commercial District is the area immediately north of Burlingame Avenue and is an extension of the primary commercial area. It is the purpose of this chapter to encourage and maintain the current mixture of retail, personal service and office uses. The existing residential uses may remain, but new residential uses are not allowed. The following regulations shall apply to all properties within the DAC district. 25.36.020 Permitted uses. The following uses are permitted in the DAC district: (a) Retail uses which achieve contiguous, pedestrian -oriented, retail frontage such as drug, liquor, variety stores, paint and hardware, apparel, accessory, stationery, florists, household furnishings, and furniture. (b) Personal services, such as barber and beauty shops, photographic studios, shoe repair and laundry and dry cleaning services which do not include on-site processing. (c) Business services, such as printing services, mailing services and post office box SeNICOS. (d) Grocery stores and markets. (e) Travel agencies. (f) Government agencies. (g) Offices, including health services and real estate, with parking as required by Chapter 25.70. (h) Financial institutions. (i) Hotels. 25.36.030 Conditional uses requiring a conditional use permit. The following are conditional uses requiring a conditional use permit in the DAC District: C:IDocuments and SettingslmkeameylLocal SettingslTemporary lntemet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11. doe Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 (a) Instructional classes incidental to retail or service use. (b) Commercial recreation use. (c) Food Establishments. (d) Performing arts facilities. (e) Public utility and public service buildings and facilities. (f) Laundry and dry cleaning agencies with on-site processing plants. (g) Drive-in services or take-out services associated with permitted uses. (h) Any building or structure which is more than thirty-five (35) feet in height, up to a maximum building height of fifty-five (55) feet. 25.36.035 Prohibited uses. Uses not listed as permitted or conditional shall be prohibited and in particular, but not limited to the following: (a) Uses of any industrial nature, including, but not limited to junkyards and automobile wrecking establishments. (b) Massage, bathing or similar establishments, unless licensed by the California Massage Therapy Council (CAMTC) pursuant to Chapter 10.5 of the California Business and Professions Code (Section 4600 et seq), which requires that CAMTC licensed massage establishments shall be considered a personal service. (c) Adult-oriented businesses as defined in Chapter 25.76. (d) Warehouses for storage of furniture, household, personal, or other similar articles or outdoor commercial storage. 25.36.040 Additional requirements for health services, beauty shops, barbershop, health studio, tanning facilities. A health service, beauty shop, barbershop, health studio, or tanning facility in any location in any DAC district 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. 25.36.045 Design Review Construction and alterations as designated in Chapter 25.57 shall be subject to design review under that chapter. When any part of a commercial or mixed use structure is subject to design review, any awnings on the structure shall be included in the design review. C.'IDocuments and Sett ingslmkearneyllocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 & Sepfember7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 25.36.050 Minimum lot size and street frontage. Each lot in this district shall have an area of at least five thousand (5,000) square feet and a street frontage of at least fifty (50) feet. 25.36.055 Building height. (a) No building or structure shall be constructed in the DAC district which exceeds fifty-five (55) feet in height. A conditional use permit is required for any building or structure which exceeds thirty- five (35) feet in height (refer to Section 25.36.030(h)). 25.36.060 Setbacks and build -to lines. (a) The front wall of the first story of any structure shall have no minimum front setback except that a minimum of sixty (60) percent of the structure shall be located at the front property line or nc more than ten (10) feet from the front property line. (b) There shall be no minimum side or rear setback. 25.36.065 Minimum ground floor ceiling height. New building or structures or projects determined to be substantial construction shall have a minimum ground floor ceiling height of fifteen (15) feet, as measured from finished floor to the ceiling of the ground floor. 25.36.070 Exceptions allowed with a special permit. The following exceptions shall be allowed in the district with a special permit: (a) Architectural features in excess of the maximum building height which do not extend more than ten feet above the maximum height and do not occupy more than ten (10) percent of the roof area. The architectural features shall enhance the design of the building and shall be reviewed as a part of the Design Review process as outlined in Chapter 25.57 of this code. Chapter 25.37 CAC (CHAPIN AVENUE COMMERCIAL) DISTRICT REGULATIONS Sections: 25.37.010 Scope of regulations. 25.37.020 Permitted uses. 25.37.030 Conditional uses requiring a conditional use permit. 25.37.035 Prohibited uses. 25.37.040 Additional requirements for health services beauty shops barbershop health studio 25.37.045 25.37.050 tanning facilities. Design review. Minimum lot size and street frontage. C:IDocuments and SettingslmkeameylLoca/ SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1DraR Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 B 9 10 11 12 13 14 15 16 17 1© 19 20 21 22 23 24 25 26 27 2e 29 30 31 32 25.37.055 Building height. 25.37.060 Setbacks and build -to lines. 25.37.065 Minimum ground floor ceiling height. 25.37.070 Exceptions allowed with a special permit. 25.37.010 Scope of regulations. The Chapin Avenue Commercial District consists of properties on either side of Chapin Avenue between Primrose and EI Camino Real. The area is characterized by a concentration of financial institutions, real estate and other office uses. The following regulations shall apply to all properties within the CAC district. 25.37.020 Permitted uses. The following uses are permitted in the CAC district: (a) Retail uses which achieve contiguous, pedestrian -oriented, retail frontage such as drug, liquor, variety stores, paint and hardware, apparel, accessory, stationery, florists, household furnishings, and furniture. (b) Personal services, such as barber and beauty shops, photographic studios, shoe repair and laundry and dry cleaning services which do not include on-site processing. (c) Business services, such as printing services, mailing services and post office box S2NICBS. (d) Grocery stores and markets. (e) Travel agencies. (f) Government agencies. (g) Offices, including health services and real estate, with parking as required by Chapter 25.70. (h) Financial institutions. (i) Hotels. 25.37.030 Conditional uses requiring a conditional use permit. The following are conditional uses requiring a conditional use permit in the CAC District: (a) Instructional classes incidental to retail or service use. (b) Commercial recreation use. (c) Food Establishments. (d) Performing arts facilities. C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 (e) Public utility and public service buildings and facilities. (f) Laundry and dry cleaning agencies with on-site processing plants. (g) Drive-in services or take-out services associated with permitted uses. (h) Any building or structure that is more than thirty-five (35) feet in height, up to a maximum building height of fifty-five (55) feet. 25.37.035 Prohibited uses. Uses not listed as permitted or conditional shall be prohibited and in particular, but not limited to the following: (a) Uses of any industrial nature, including, but not limited to junkyards and automobile wrecking establishments. (b) Massage, bathing or similar establishments, unless licensed by the California Massage Therapy Council (CAMTC) pursuant to Chapter 10.5 of the California Business and Professions Code (Section 4600 et seq), which requires that CAMTC licensed massage establishments shall be considered a personal service. (c) Adult-oriented businesses as defined in Chapter 25.76. (d) Warehouses for storage of furniture, household, personal, or other similar articles or outdoor commercial storage. 25.37.040 Additional requirements for health services, beauty shops, barbershop, health studio, tanning facilities. A health service, beauty shop, barbershop, health studio, or tanning facility in any location in any CAC district 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. 25.37.045 Design review. Construction and alterations as designated in Chapter 25.57 shall be subject to design review under that chapter. When any part of a commercial or mixed use structure is subject to design review, any awnings on the structure shall be included in the design review. 25.37.050 Minimum lot size and street frontage. Each lot in this district shall have an area of at least five thousand (5,000) square feet and a street frontage of at least fifty (50) feet. 25.37.055 Building height. C:IDocuments and SettingslmkearneylLocal SettingslTemporary Internet FileslContenLOutlook19KF3NTE1Draft Ordinance -DSP Implementation 09 07 ll. doc Revised June 16, 2011, August 1, 2011 $September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 2s 26 27 2e 29 30 31 32 (a) No building or structure shall be constructed in the CAC district which exceeds fifty-five (55) feet in height. A conditional use permit is required for any building or structure which exceeds thirty- five (35) feet in height (refer to Section 25.37.030(h)), 25.37.060 Setbacks and build -to lines. (a) EI Camino Real. There shall be a minimum ten (10) foot build -to line along EI Camino Real, and a minimum of sixty (60) percent of the front wall of the structure shall be located at the build -to line. (b) Except for properties fronting on EI Camino Real, the front wall of the first story of any structure shall have no minimum front setback, and a minimum of sixty (60) percent of the structure shall be located at or no more than ten (10) feet from the front property line. (b) Except for properties with a side or rear setback along EI Camino Real, there shall be no minimum side or rear setback. 25.37.065 Minimum ground floor ceiling height. New building or structures or projects determined to be substantial construction shall have a minimum ground floor ceiling height of fifteen (15) feet, as measured from finished floor to the ceiling of the ground floor. 25.37.070 Exceptions allowed with a special permit. The following exceptions shall be allowed in the district with a special permit: (a) Architectural features in excess of the maximum building height which do not extend more than ten feet above the maximum height and do not occupy more than ten (10) percent of the roof area. The architectural features shall enhance the design of the building and shall be reviewed as a part of the Design Review process as outlined in Chapter 25.57 of this code. Chapter 25.38 CAR (CALIFORNIA DRIVE AUTO ROW) DISTRICT REGULATIONS Sections: 25.38.010 C:IDocuments and SettingslmkearneylLocal SettingslTemporary Intern Scope of Regulations. 25.38.020 Permitted uses. 25.38.030 Conditional uses. 25.38.035 Prohibited uses. 25.38.040 Additional requirements for health services, beauty shops, barbershop, health studio, tanning facilities. 25.38.045 Design review. 25.38.050 Minimum lot size and street frontage. et FileslContent.Outlook19KF3TVTEIDratt Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 25.38.055 Scope of regulations. The Building height. 25.38.060 dominate in this area. Non -auto uses should be carefully considered to ensure compatibility with the Setbacks and build -to lines. 25.38.065 within the CAR district. 25.38.020 Minimum ground floor ceiling height 25.38.070 following uses are permitted in the CAR district: (a) Exceptions allowed with a special permit. 25.38.010 C. Documents and Settingslmkeameyllocal SettingslTemporary Scope of regulations. The California Drive Auto Row District is the area along California Drive between Burlingame ani Peninsula Avenues, which has long been known as Burlingame's "Auto Row". Automobile -related uses dominate in this area. Non -auto uses should be carefully considered to ensure compatibility with the area's traditional focus on automobile businesses. The following regulations shall apply to all properties within the CAR district. 25.38.020 Permitted uses. The following uses are permitted in the CAR district: (a) Retail sales of and service of automobiles. (b) Automobile rental desks with no on-site rental car storage as an accessory use to retail sales or service of automobiles, and open only when the primary auto sales or service business is open. (c) Automobile sales lots. (d) Retail sales of automobile parts and accessories. (e) Government agencies. (f) Above the first floor only: (1) Multiple -family residential uses, with an average maximum unit size of 1250 square feet. Average maximum unit size is defined as the maximum value allowed when averaging the square footag of gross floor areas of all residential units in a project. (2) Office uses. 25.38.030 Conditional uses. The following are conditional uses requiring a conditional use permit in the CAR district: (a) Office uses on the ground floor. (b) Retail sales other than those related to automobile sales or service. (c) Personal services other than those related to automobile sales or service. (d) Business services other than those related to automobile sales or service, such as printing services, mailing services and post office box services. (e) Hotels. Internet FileslContent.Outlook19KF3NTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 (f) Retail and other commercial uses with a gross floor area greater than 6,000 square feet. (g) Automobile rental businesses that meet all of the following minimum standards: k Parking is provided on-site for storage of at least ten k percent of the average number of vehicles rented monthly from the site; the average number shall be calculated over a calendar year, however, in no event, shall storage for more than fifty (50) rental vehicles be provided on-site, and (2) Parking is provided on-site for all employees and customers. (h) Any building or structure which is more than thirty-five (35) feet in height, up to a maximum building height of fifty-five (55) feet. 25.38.035 Prohibited uses. Uses not listed as permitted or conditional shall be prohibited and in particular, but not limited to the following: (a) Uses of any industrial nature, including, but not limited to junkyards and automobile wrecking establishments. (b) Massage, bathing or similar establishments, unless licensed by the California Massage Therapy Council (CAMTC) pursuant to Chapter 10.5 of the California Business and Professions Code (Section 4600 et seq), which requires that CAMTC licensed massage establishments shall be considered a personal service. (c) Adult-oriented businesses as defined in Chapter 25.76. (d) Psychic Services. (e) Warehouses for storage of furniture, household, personal, or other similar articles or outdoor commercial storage, except automobile storage as allowed pursuant to this chapter. 25.38.040 Additional requirements for health services, beauty shops, barbershop, health studio, tanning facilities. A health service, beauty shop, barbershop, health studio, or tanning facility in any location in any BA district 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. 25.38.045 Design review. Construction and alterations as designated in Chapter 25.57 shall be subject to design review under that chapter. C. Documents and SettingslmkearneylLocal SettingslTemporary When any part of a commercial or mixed use structure is subject to design review, any awnings on the structure shall be included in the design review. Internet FileslContent.Outlook19KF3NTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 25.38.050 Minimum lot size and street frontage. Each lot in this district shall have an area of at least five thousand (5,000) square feet and a street frontage of at least fifty (50) feet. 25.38.055 Building height. (a) No building or structure shall be constructed in the CAR district which exceeds fifty-five (55) feet in height. A conditional use permit is required for any building or structure which exceeds thirty- five (35) feet in height (refer to Section 25.38.O3O(g)). 25.38.060 Setbacks and build -to lines. (a) The front wall of the first story of any structure shall have no minimum front setback, and a minimum of sixty (60) percent of the structure shall be located at the front property line. (b) There shall be no minimum side or rear setback. 25.38.065 Minimum ground floor ceiling height New building or structures or projects determined to be substantial construction shall have a minimum ground floor ceiling height of fifteen (15) feet, as measured from finished floor to the ceiling of the ground floor. 25.38.070 Exceptions allowed with a special permit. The following exceptions shall be allowed in the district with a special permit: (a) Architectural features in excess of the maximum building height which do not extend more than ten feet above the maximum height and do not occupy more than ten (10) percent of the roof area. The architectural features shall enhance the design of the building and shall be reviewed as a part of the Design Review process as outlined in Chapter 25.57 of this code. Section 11. Chapter 25.57 is amended to read as follows: Chapter 25.57 DESIGN REVIEW Sections: 25.57.010 Design review required. 25.57.013 Minor design review. 25.57.015 Exceptions. 25.57.020 Design review panel. 25.57.030 Design review process. 25.57.040 Exemptions. 25.57.010 Design review required. C:IDacumen ts and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.Outlook19KF3NTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 e 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 (a) Single Family Homes and Duplexes: Unless the proposed project has been reviewed pursuant to this chapter, no building or construction permit shall be issued in any R-1 and R-2 districts and for single family homes and duplexes constructed in R-3 & R-4 districts for the following: (1) Construction of a new single family dwelling or duplex; or (2) Addition to or construction of a second story or higher; or (3) Substantial construction as defined in this title; or (4) A single family dwelling or duplex addition having a plate height greater than nine (g) feet above finished floor: or (5) An increase to the height of the existing plate line of a single family dwelling or duplex; or (6) Construction of a garage attached to a single family dwelling, or (7) Any roof -top mounted mechanical equipment, except solar panels or other energy efficient installations which are pre-empted from such review by State or Federal law. (b) Multiple Family Residential: Unless the proposed project has been reviewed pursuant to this chapter, no building or construction permit shall be issued in any R-3 and R-4 districts far the following: (1) New construction or substantial construction as defined in this title, or (2) Addition to or construction of a second story or higher; or (3) Changes to more than fifty (50) percent of the front fagade. (c) Commercial and Mixed Use: Unless the proposed project has been reviewed pursuant this chapter, no building or construction permit shall be issued in any commercial, industrial or mixed use district for the following: (1) Construction of a new building, or (2) Substantial construction as defined in this title; or (3) Addition to or construction of a second story or higher; or (4) Change to more than fifty (50) percent of the front fagade; or (5) Change to more than fifty (50) percent of any fagade facing a public or private street or parking lot. (d) In addition to the requirements of subsection (b) of this section, no building or construction permit shall be issued for work on a building in the BAC District (Burlingame Avenue Commercial District) that involves any change to the front fagade or any fagade facing a public or private street or parking lot unless the proposed change has been reviewed pursuant to this chapter. 25.57.013 Minor design review. C:IDocuments and SettingslmkeameylLoca/ SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 e 9 10 11 12 13 14 15 16 13 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 (a) Within the BAC, Burlingame Avenue Commercial District, a fagade improvement may qualify for an administrative minor design review process if it meets the following criteria: (1) Changes in material on the front fagade that are determined by the Community Development Director to be equal to or higher quality than the existing material to be replaced; and (2) Any other minor changes that are determined by the Community Development Director to comply with the Design Guidelines of the Burlingame Downtown Specific Plan. (b) Minor Design Review Process. Notwithstanding any other provisions of this chapter, the community development director shall have the authority to consider and take action on applications for minor design review. (1) Findings. Any decision on an application under this chapter shall be supported by findings addressing the criteria set forth in this section. In making a determination regarding an application, the following findings shall be made. boundaries of the subject property. The (A) The changes to the fagade are minor in nature, and the change in materials are equivalent to or higher quality than the material being replaced; (B) The blend of mass, scale and dominant characteristics of the fagade change are consistent with the existing structure's design and with the existing facades on the block; and (C) The changes to the fagade are found to be compatible with the Design and Character Chapter of the Burlingame Downtown Specific Plan and the Commercial Design Guidebook. (2) Decisions. If the requirements are met and the findings are made, the community development director shall issue a written determination of the action and may grant or deny the minor design review application based on the request meeting the findings outlined in Section 25.57.018 (3) Public Notice for Minor Design Review. Notice of approval of an application for minor design review shall be mailed to owners of propert (4) Appeals of Minor Design Review determinations. Appeals from the decision of the community development director shall be made to the planning commission within seven (7) days after the public notice of the action of the community development director is mailed. Any member of the planning commission or council may request a review of a minor design review application by making such request to the community development director within seven (7) days of the date of mailing the public notice. Upon receipt of an appeal, earliest available date and cause notice to be given as set fort or a request y within one hundred (100) feet of the exterior boundaries of the subject property. The property owners shall be informed of their right to appeal. (4) Appeals of Minor Design Review determinations. Appeals from the decision of the community development director shall be made to the planning commission within seven (7) days after the public notice of the action of the community development director is mailed. Any member of the planning commission or council may request a review of a minor design review application by making such request to the community development director within seven (7) days of the date of mailing the public notice. Upon receipt of an appeal, earliest available date and cause notice to be given as set fort or a request for review by a commissioner or council member, the community development director shall schedule a hearing before the planning commission at the h in Chapter 25.16. The planning C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.0ut1ook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 1Q 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 B 9 10 11 12 13 14 1s 16 17 16 19 20 21 22 23 24 2s 26 27 2e 29 30 31 32 commission shall consider the matter in the same manner as an application for design review. The decision of the community development director shall be final seven (7) days after the mailing of the public notice of the community development director's action, if no appeal is filed by any person or if no council member or commissioner requests review of the decision within that time. (5) Fees for minor design review. Filing fees for minor design review applications shall be set by the city council in the master fee schedule. 25.57.015 Exceptions. The following shall be exceptions to the requirement of a design review in commercial and mixed use districts: (a) Any fagade with twenty-five (25) feet or less of parking lot or public or private street frontage; and (b) New or replacement awnings when the fagade or building is not subject to design review. 25.57.020 Design review panel. demonstrate the architectural details of the proposal, and in the case (a) With the approval of the planning commission, the director of community development shall appoint one or more design professionals to advise the director of community development and the planning commission on applications in residential districts made under this chapter. The panel appointees shall be persons in the business of residential design who have practiced their design profession involving residential designs in the city and who are willing to contract with the city to provide advisory services under this chapter. (b) For applications in the commercial, industrial and mixed use districts, with the approval the planning commission, the director of community development shall appoint one or more design professionals who shall be persons in the business of commercial design and who are willing to contract with the city to provide advisory services under this chapter. 25.57.030 Design review process. (a) Any person seeking approval of construction to be reviewed under this chapter shall submit an application for design review to the director of community development in the same form and containing the same signatures as provided in Section 25.16.040 of this title. The schematic design plans submitted with the application shall demonstrate the architectural details of the proposal, and in the case of an addition, of the existing structure and the addition. (b) Upon completion of the application, the schematic design plans and the application shall be C:IDocuments and SettingslmkeameylLocal Set[ingslTemporary referred to the planning commission for study. The study meeting shall be noticed in accordance with the provisions for notice in this title. If at the study meeting, the planning commission determines that Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 z 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 formal design review is not required for the application or that only minor changes are needed, the planning commission may order that the application not be subject to subsection (c) below and will proceed directly to hearing under subsection (e). Criteria for review shall be established by the Community Development Director, based on design guidelines contained in the adopted specific plan for the area. For properties outside the boundaries of a Specific Plan, design guidelines shall be developed by the Community Development Department. (c) If the commission instead refers the application for further design review, the plans submitted shall be referred by the director of community development on a random basis to the appointee professional described above for review and comment. The appointee's analysis shall be forwarded to the planning commission. (d) No prior mailed notice of the appointee's review is necessary. However, notice of the commission's review of and hearing on each application under this chapter shall be given a provided in Section 25.16.050. (e) A design review application in an R-1 and R-2 districts shall be reviewed by the planning commission for the following considerations: (1) Compatibility of the architectural style with that of the existing character of the neighborhood; (2) Respect for the parking and garage patterns in the neighborhood; (3) Architectural style and consistency and mass and bulk of structures, including accessory structures; (4) Interface of the proposed structure with the structures on adjacent properties; (5) Landscaping and its proportion to mass and bulk of structural components; and (6) In the case of an addition, compatibility with the architectural style and character of the existing structure as remodeled. (f) A design review application in multi -family residential (R-3 & R-4) districts shall be reviewed by the planning commission for the following considerations: (1) Compatibility with the existing character of the neighborhood; (2) Respect the mass and fine scale of adjacent buildings even when using differing architectural styles; (3) Maintain the tradition of architectural diversity, but with human scale regardless of the architectural style used; and (4) Incorporate quality materials and thoughtful design which will last into the future. C:IDocuments and SettingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (g) A design review application in commercial, industrial and mixed use districts shall be reviewed by the planning commission for the following considerations: (1) Support of the pattern of diverse architectural styles that characterize the city's commercial, industrial and mixed use areas; and (2) Respect and promotion of pedestrian activity by placement of buildings to maximize commercial use of the street frontage, off-street public spaces, and by locating parking so that it does not dominate street frontages; and (3) On visually prominent and gateway sites, whether the design fits the site and is compatible with the surrounding development; and (4) Compatibility of the architecture with the mass, bulk, scale, and existing materials of existing development and compatibility with transitions where changes in land use occur nearby; and (5) Architectural design consistency by using a single architectural style on the site that is consistent among primary elements of the structure, restores or retains existing or significant original architectural features, and is compatible in mass and bulk with other structures in the immediate area; F1T1 (6) Provision of site features such as fencing, landscaping, and pedestrian circulation that enriches the existing opportunities of the commercial neighborhood. (g) The applicant shall bear the burden of demonstrating to the satisfaction of the planning commission that the applicant's design and project comply with the design criteria set fort h in subsections (e) or (f) above, as applicable. The commission may deny, deny without prejudice, approve, or approve with conditions any application under this chapter. (h) Decisions of the planning commission under this chapter shall be subject to appeal to the city council and the effectiveness as provided in Sections 25.16.070 through 25.16.130. 25.57.040 Exemptions. The following applications are exempt from the chapter: (a) Applications for building permits or planning approvals for developments in R-1 districts filed before March 17, 1998 and cert ain amendments to those applications or permits as specifically provided in Ordinance No. 1602. (b) Applications for building permits or planning approvals for developments in R-1 districts filed before 5:00 p.m. on November 18, 1999, and certain amendments to those applications or permits as specifically provided in Ordinance No. 1620. Section 12. Chapter 25.70 is amended to read as follows: C:IDocuments and SettingslmkeameylLocal SettingslTeMPO rary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1e 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Chapter 25.70 OFF-STREET PARKING Sections: 25.70.010 Vehicle parking spaces to be provided. 25.70.020 Standards for parking spaces. 25.70.025 Standards for parking aisles and driveways. 25.70.030 Requirements for single-family dwellings. 25.70.032 Requirements for duplexes, apartment hotels and condominiums. 25.70.034 Requirements for rooming houses, motels, hotels, group residential facilities for the elderly. 25.70.036 Requirements for hospitals, including critical care, convalescent and extended care. 25.70.038 Requirements for churches and places of public assembly. 25.70.040 Requirements for commercial and industrial uses. 25.70.042 Requirements of other uses. 25.70.044 Requirements for compact car spaces. 25.70.050 Exceptions for the AA, APN, APS, C-1, C-2, C-R, IB, RR, and SL districts and for nonconformities. 25.70.060 Computation where result is a fractional space. 25.70.070 Computation of spaces for mixed uses. 25.70.080 Use of required parking spaces. 25.70.090 Vehicle parking in the Parking Sector of the Burlingame Downtown Specific Plan. 25.70.010 Vehicle parking spaces to be provided. (a) Parking Required. At the time of erection of any building or structure, or at the time any building or structure is enlarged or increased in capacity, there shall be provided off-street parking space: with adequate and proper provision for ingress and egress by standard size automobiles. (b) Parking with Remodel or Reconstruction. When any building is remodeled, reconstructed or changed in use by the addition of dwelling units, gross floor area, seating capacity, change in type of use or intensified use, such additional garage or parking facilities as may be required must be provided. (c) Minimum Requirements. The regulations which follow are the minimum requirements unless specific requirements are made for a particular use in a district. Additional spaces may be provided. Unless otherwise expressly permitted by a section of this chapter, parking required by this chapter is to be provided on the same lot as the use for which the parking is required. C:IDocuments and SettingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June i6, 2011, August 1, 2011 &September 7, 2011 _7 1 2 3 4 s 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 25.70.020 Standards for parking spaces. The following are established as minimum parking space dimensions: (a) Open parking spaces, garages or carports for multiple family residential uses, except when lesser dimensions are hereinafter allowed, shall have a clear interior measurement of nine (9) feet in width and twenty (20) feet in length; Open parking spaces and garages for commercial and industrial uses, except when lesser dimensions are hereinafter allowed, shall have a clear interior measurement of eight and one-half (8 %) feet in width and eighteen (18) feet in length; (b) Garages and carports for single-family dwellings shall have a clear interior measurement of ten (10) feet in width and twenty (20) feet in length; and open parking spaces far single family dwelli shall have a clear interior measurement of nine (9) feet in width and twenty (20) feet in length; (c) Compact car spaces, where allowed, shall have a clear interior measurement of eight (8) feet in width and seventeen (17) feet in length; (d) A parking space bordered in whole or in part by a structure, wall or fence along one or both lateral sides shall provide one additional foot in width for each enclosed side; (e) A column may project not more than six (6)inches into any parking space and shall not interfere with opening of car doors or with car turning movements; (f) Any parking space dimension shall be increased to size acceptable to the department of public works if more than three (3) vehicle movements are required to enter or exit the space; (g) All parking spaces shall have an unobstructed vert ical clearance from floor to lowest projections on the ceiling within the parking area of seven (7) feet. 25.70.025 Standards for parking aisles and driveways. The following are established as minimum aisle and driveway dimensions: (a) Aisles. Required parking spaces shall open directly upon an aisle of the following minimums: (1) A thirteen (13) foot wide aisle shall be provided for forty-five (45) degree parking; (2) An eighteen (18) foot wide aisle shall be provided for sixty (60) degree parking; (3) A twenty-four (24) foot wide aisle shall be provided for ninety (90) degree parking; (4) Where parking is provided parallel with the entrance driveway, and where a second aisle at right angles to the first is not available for regular use of such parallel spaces, aisle width shall be ncreased to twenty-eight (28) feet for a minimum aisle length of twenty-seven k feet; the minimum width of parking spaces with ingress and egress from such an aisle may be reduced by six (6) inches from the minimum elsewhere required; C:IDocuments and SettingslmkeameylLocal SeftingslTemporary Internet FileslContenGOutlook19KF3TVTE10raft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 (5) A separate means of egress shall be provided for all parking spaces at angles less than ninety (90) degrees unless an area is provided on site which allows a motor vehicle exiting such spaces to do so within three (3) movements. A turning radius of twenty-eight (28) feet for outside clearance and fourteen (14) feet for inside clearance shall be assumed; wide; (6) Aisles with traffic moving in two (2) directions shall be not less than eighteen (18) feet (7) All aisles shall have an unobstructed vertical clearance of seven (7) feet. (b) Driveways. A driveway is the entrance into parking spaces or a parking facility from a public street or other traveled way. (1) The minimum driveway width for single family and duplex residences shall be nine and one-half (9-1/2) feet; a driveway shall be no wider than the garage or parking area it serves; (2) In all other cases, the minimum driveway width shall be twelve (12) feet for parking areas with not more than thirty (30) vehicles. Parking in areas with more than thirty (30) vehicle spaces shall have either two (2) twelve (12) foot wide driveways or one eighteen (18) foot wide driveway; (3) Egress into a public right-of-way shall be in the forward direction, except that backing into a pubic right-of-way shall be allowed for single family homes or duplexes; (4) Maximum driveway slopes shall not exceed fifteen (15) percent at any point without special approval of the depart ment of public works; slopes in excess of twenty (20) percent shall require approval of the planning commission. Transitional slopes are required for driveways which exceed ten (10) percent maximum slope. No transitional slope shall extend into a required parking space; (5) A seven (7) foot minimum vertical clearance, measured at right angles to the slope, shall be maintained at all points on the driveway. However, a knockout bar with not less than six (6) feet nine (9) inches vertical clearance may be installed at each entry or exit point with permission of the departme of public works. (6) A six (6) inch rise above curb grade shall be installed at the property line for flood protection when required by the depart ment of public works. 25.70.030 Requirements for single-family dwellings. The following are parking requirements for single-family dwellings. (a) Parking Space Requirements. Each single family dwelling shall provide off-street parking spaces for at least two (2) vehicles, one of which must be covered by a garage or carport. The following further requirements apply to certain additions and to new single family dwellings: C:1Documents and SettingslmkeameylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 10 1 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (1) An existing single-family dwelling increased in size to three (3) or four (4) bedrooms and a new single-family dwelling with up to four (4) bedrooms shall provide off-street parking spaces to curren code dimensions for at least two k vehicles, one of which must be covered by a garage or carport; (2) A single-family dwelling hereafter increased in size to five (5) or more bedrooms and a new single-family dwelling with five (5) or more bedrooms shall provide off-street parking to current code dimensions for at least three (3) vehicles, two (2) of which must be covered by a garage or carport; (3) For the purposes of subsections (a)(1) and (2) of this section, an existing garage not less than eighteen (18) feet wide and twenty (20) feet deep interior dimension shall be considered to provide two (2) covered off-street parking places. (4) For additions to existing single family dwellings, an existing garage with an eighteen (18) foot depth interior dimension shall be considered to meet the dimensional requirements for a parking space. (b) Parking Aisles and Driveways. Covered parking spaces shall have atwenty-four (24) foot back-up area or be designed to be entered or exited in no more than three (3) maneuvers. All spaces must allow entry in three (3) maneuvers in the forward direction. (c) Parking Limitations. (1) A vehicle shall not be parked between a structure and the front or side property line except in a garage, driveway or other approved parking; (2) Inoperative vehicles, vehicle parts, boats and campers (as defined by Section 243 of the Vehicle Code) shall not be stored or parked in driveways or between a structure and front or side property line; (3) Required covered parking shall not be provided in tandem configuration; (4) Foran addition to an existing single-family dwelling, required uncovered spaces may be (provided in tandem configuration and may extend: (A) In areas with sidewalks, to the inner edge of the sidewalk, (B) In areas without sidewalks to five (5) feet from the inner edge of the curb, (C) In areas without either sidewalks or curbs, to five (5) feet from the edge of pavement. 25.70.032 Requirements for duplexes, apartment hotels and condominiums. (1) Except as specified below for properties within certain port ions of downtown Burlingame as identified in Figure 3-4 of the Burlingame Downtown Specific Plan, the following are parking requirements for duplexes, apartments, apartment hotels and condominiums: C:IDocuments and SettingslmkeameylLocal SettingslTemporary lntemet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 1l. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (a) There shall be at least one and one-half (1-1/2) permanently maintained parking spaces on the same lot with the building for each studio or one -bedroom dwelling unit in the building. (b) For each dwelling unit containing two (2) bedrooms, or two (2) potential bedrooms, there shall be provided at least two (2) parking spaces. (c) For each dwelling unit containing three (3) or more bedrooms, there shall be provided at least two and one-half (2-112) parking spaces. (2) For properties within the area identified in Figure 3-4 of the Burlingame Downtown Specific Plan, the following are parking requirements for duplexes, apartments, apartment hotels and condominiums: (a) There shall be at lease one (1) permanently maintained parking space on the same lot with the building for each studio or one -bedroom dwelling unit in the building. (b) For each dwelling unit containing two (2) bedrooms, or two (2) potential bedrooms, there shall be provided at least one and one-half (1 %) permanently maintained parking spaces. (c) For each dwelling unit containing three (3) or more bedrooms, there shall be provided at least two (2) permanently maintained parking spaces. C:IDocuments and SettingslmkeameylLocal SettingslTemporary Internet FileslOontent.Outlook19KF3NTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 t3URLINGAMEDOWNTOWN SPECIFIC PIAN Reduced. Residential Parking Requirements Studla: f space/unit I Bedraam: ispaae/unit 28edroans: i.5 spam/unit 3 or more Badruams 2sPaoWdart GuestPaMav NG parking required (3) Eighty (80) percent of the total required parking spaces shall be covered or within a garage or carport. Parking spaces shall not be situated in the front or side setback areas. A vehicle shall not be parked between a structure and the front or side property lines except in a garage, driveway or other approved parking. (4) Inoperative vehicles, vehicles, vehicle parts, boats and campers (as defined by Section 243 of the Vehicle Code) shall not be stored or parked in driveways or between a structure and front or side property lines. 25.70.034 Requirements for rooming houses, motels, hotels, group residential facilities for the elderly. The following are parking requirements for rooming houses, motels, hotels, and group residential facilities for the elderly: (a) Lodging Houses, Rooming Houses. There shall be provided one parking space for each two (2) lodging rooms plus one parking space for each two (2) persons employed on the premises, ncluding the owner or manager; C:IDocuments and SettingslmkeameylLocal SetfingslTemporary Internet FileslContent.Outlook19KF3TVTE1Ora(t Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 R 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 2e 29 30 31 32 (b) Motels, Hotels. There shall be provided one parking space for each dwelling unit or lodging room. (c) Group Residential Facilities for Elderly People. There shall be provided one parking space for each three (3) residential units where such facilities are designed as separate units; if designed as lodging rooms, one space for each four (4) lodgers, plus one space for each two (2) people employed on the premises. 25.70.035 Requirements for emergency shelters for the homeless. The following is the parking requirement for emergency shelters for the homeless: (a) There shall be provided one parking space for each three (3) beds. 25.70.036 Requirements for hospitals, including critical care, convalescent and extended care. The following are parking requirements for hospitals including critical care, convalescent and extended care: (a) Critical Care Hospitals. There shall be provided one car space for each one and one-half (1-1/2) beds. (b) Convalescent and Extended Care Hospitals. There shall be provided one car space for each three and one-half (3-1/2) beds. 25.70.038 Requirements for churches and places of public assembly. The following are parking requirements for churches and places of public assembly: (a) There shall be provided parking spaces in the ratio of one space for each six (6) permanent seats or, if there are no fixed seats, one space for each sixty (60) square feet of floor space in the assembly area. 25.70.040 Requirements for commercial and industrial uses. The following are parking requirements for commercial and industrial uses. Parking spaces on the same lot shall be provided for commercial and industrial buildings as set forth in the following table of requirements: Health Services 1 space for each 250 sq. ft. of gross floor area All other offices 1 space for each 300 sq. ft. gross floor area Retail stores 1 space for each 400 sq. ft. of gross floor area Establishments for the sale and consumption on the 1 space for each 200 sq. ft. of gross floor area premises of beverages, food and refreshments Classes as a part of another business or in an office 1 space for each 50 sq. ft. of gross floor area for or industrial building instruction C:IDocuments and SeftingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11. doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 Furniture stores, appliance stores, bulk 1 space for each 600 sq. ft. of gross floor area merchandise Repair shops, service shops, machine shops, laboratories, any shop engaged in repairing, testing, 1 space for each 800 sq. ft. of gross floor area manufacturing, or processing materials or products Commercial recreation, gymnasiums and health 1 space for each 200 sq. ft. of gross floor area clubs Industrial buildings, wholesale establishments, 1 space for each 1,000 sq. ft. of gross floor area warehouses Gasoline service stations I Animal shelter or animal rescue center At least 2 parking spaces for employees shall be provided on the property 1 space per 625 sq. ft. of gross floor area and 1 space per 5,000 sq. ft. for outdoor habitat that is accessory to such a facility 25.70.042 Requirements of other uses. For uses not listed in the above schedule of required parking, spaces shall be supplied on the same basis as provided for the most similar use, or as determined by the director of community development. For such determination such matters as type of use and user, number of employees, number of visitors and similar factors shall be considered, in any case, where the decision of the director of community development is contested by the applicant, his or her decision may be appealed to the planning commission. The commission may approve, disapprove or modify the decision of the director of community development. 25.70.044 Requirements for compact car spaces. Compact car spaces shall be allowed within industrial and commercial districts in the following ratio: Required Parking Spaces 1-11 11-20 Over 20 Allowable Compact Spaces 0 1 20 % of spaces over 20 C:IDocuments and SeftingslmkeameylLocal SettingslTemporary Internet FileslCon[ent.Outlook19KF3NTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 16, 2011, August 1, 2011 &September 7, 2011 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s 26 27 28 29 30 31 32 Each compact car space shall be clearly marked "COMPACT CAR." The compact car spaces shall be distributed throughout the parking area. 25.70.050 Exceptions for the AA, APN, APS, C-1, C-2, C-R, IB, RR, and SL districts and for nonconformities. (a) All uses in the AA, APN, APS, C-1, C-2, C-R, IB, RR, and SL districts shall conform to parking requirements of this chapter unless specific parking requirements are imposed by the chapter of this code governing the particular district. (b) Existing uses which become nonconforming as a result of the adoption of parking requirements may be remodeled so long as the gross floor area occupied by the use is not increased. If the gross floor area is increased, parking shall be provided as required for the additional floor area. (c) Any existing parking spaces which form the basis for credit against any parking assessment shall be maintained in a usable operating condition. 25.70.060 Computation where result is a fractional space. When the determination of the number of required parking spaces results in a fractional space, one parking space shall be provided. 25.70.070 Computation of spaces for mixed uses. The ratio of required spaces to floor area shall be computed by measuring within the gross floor area of the building. Where a building is used or intended to be used for a combination of purposes, the parking spaces shall be provided in relation to the proportion of the building assigned to each use and shall be the total of the combination of uses. 25.70.080 Use of required parking spaces. Required parking spaces and any portion of the area on a site encompassing the required parking and the required landscaping within the parking area on a site, shall not be rented or leased to any party on or off the site or used for some purpose other than that permitted or allowed on the site; these spaces shall be made available and maintained in safe, useable condition for the tenants and their clients or customers, at no charge. of the Burlingame 40. 10.090 Vehicle parking in the Parking Sector of the Burlingame Downtown Specific Plan. Notwithstanding any other provision of this code, the following shall apply to vehicle parking requirements in the Parking Sector of the Burlingame Downtown Specific Plan, as shown on the Parking Sector Boundaries map, Figure 3-3 of the Burlingame Downtown Specific Plan: C:IDocuments and SettingsVnkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 11.doc Revised June 1 Q 2011, August 1, 2011 &September 7, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 (a) Retail, personal service and food establishment uses located on the first floor within the Parking Sector shall be exempt from providing off-street parking. Any other uses on the first floor, and all uses above or below the first floor shall provide off-street parking as required by this chapter. (b) Any new development, except reconstruction because of catastrophe or natural disaster, shall provide on-site parking, except that the first floor of such new development in the Parking Sector shall be exempt from parking requirements if the first floor is used for retail, personal service or food establishment uses. (c) Buildings reconstructed after catastrophe or natural disaster shall be required to provide parking only for the square footage over and above the square footage existing at the time of the disaster. This parking shall be provided on site. alsrawn apeclClc �tat� C:IDocuments and SeftingslmkeameylLocal SettingslTemporary Internet FileslContent.Outlook19KF3NTE1Draft Ordinance -DSP Implementation 09 07 f 1.doc Revised June 16, 2011, August 1, 2011 & September 7, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 13. This ordinance shall be published as required by law. ayor I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certi that the f egoing ordinance was introduced at a regular meeting of the City Council held on the 4414 day of 2011 and adopted thereafter at a regular meeting of the City Council held on the J14OU day Of 20111 by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, DEAL, BROWNRIGG, KEIGHRAN, NAGE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE C:IDocuments and SeftingslmkearneylLocal SettingslTemporary Internet FileslContent.Outlook19KF3TVTE1Draft Ordinance -DSP Implementation 09 07 il. doc Revised June i6, 2011, August 1, 2011 & September 7, 2011