HomeMy WebLinkAboutOrd 1788MEMORANDUM
CITY
OF
BURLINGAME
CITY
ATTORNEY
DATE: September 1, 2006
TO: Doris Mortensen, City Clerk
FROM: Larry E. Anderson, City Attorney
RE: Expiration of Ordinance No. 1788 (Peninsula Hospital Construction Hours)
This memorandum is to confirm that the provisions of Ordinance No. 1788 expire today, September
1, 2006, and the ordinance has no further force and effect beyond today.
ca City Planner
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ORDINANCE NO. 1788
ORDINANCE OF THE CITY OF BURLINGAME
ADOPTING AN INTERIM AMENDMENT TO THE HOURS OF CONSTRUCTION
ALLOWED BY SECTION 18.07.110 TO ALLOW PLANNING COMMISSION
APPROVAL OF EXTENDED HOURS FOR THE CONSTRUCTION OF THE
PARKING GARAGE FOR PENINSULA HOSPITAL
The CITY COUNCIL of the CITY OF BUR GAME does hereby ordain as follows:
Section 1.
A. In 2004, the City Council approved a conditional use permit for the construction of a
new hospital to replace Peninsula Hospital in accordance with the mandates of State law to make
all hospitals in the State resistant to and usable during earthquakes and other natural disasters.
The new hospital is indispensable to provide quality and comprehensive health care to the
esidents of the Peninsula Hospital District, including Burlingame residents. Construction on the
project has begun with the excavation and framing of the necessary parking garage at the
southwest corner of Trousdale Drive and El Camino Real
B. Beginning in November 2005, the San Francisco Peninsula experienced more than 70
days of measurable precipitation, and in particular over 30 days of rain in March and early April
of this year. Rainfall in March was twice normal, and through just mid-April, rainfall was already
four times normal for an entire month of April. This has pushed the expected completion of the
parking garage back over two months, and created unexpected impacts on neighboring homes as
the excavation spoils cannot be removed until the garage is completed. On April 10, 2006, the
Governor of California declared a State of Emergency in San Mateo County.
C. The soaring costs of construction created in large part by the short
age of contractors
able and willing to work on projects of this complexity and magnitude endan
ger the successful
completion of the prof ect envisioned by the Hospital District an
d the community. Delays into the
next rainy season would compound this threat.
D. It is necessary that in order to protect public health and safety to be served by the
completion of a fully functioning, timely new hospital, that the Planning Commission be given
authority to approve an extension of the hours of construction for the parking garage if such an
amended conditional use
extension would serve the public interest and meet the findings 01 an
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permit. The current provision governing construction hours of the Municipal Code does not
provide this limited authority to the Commission.
E. Upon becoming effective, this ordinance is intended to replace Ordinance No. 1781
adopted on May 1, 2006, as an urgency ordinance.
Section 2. Notwithstanding Section 18.07.110 of the Burlingame Municipal Code, the
Planning Commission may approve an extension of the hours of construction on the parking
garage for Peninsula Hospital on the following terms:
(a) The hours of construction may be extended to end at or before 9:00 p.m. on weekdays.
(b) The hours of construction may be extended to begin at or after 8:00 a.m. on Saturdays.
(c) Any extension ofthe hours shall be made an amendment to and apart ofthe conditional
use permit for the hospital project, shall be expressly limited to the construction of the parking
garage only, and shall be expressly terminated no later than September 1, 2006, or the completion
of the parking garage, whichever occurs first.
(d) Any extension ofthe hours shall also be reviewed by the Planning Commission at least
once per month on dates set by the Commission.
Section 3. This ordinan
ce shall be effective only until September 1, 2006, unless earlier
repealed, and shall have no furt
her force and effect beyond that date.
Section 4. This ordinance shall be published as required by law.
Mayor
I, DORIS MORTENSEN, City Clerk ofthe City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting ofthe City Council on the 1 s` day of May,
2006, and adopted at a regular meeting of the City Council held on the 15' day of May, 2006, as
follows:
AYES: COUNCILMEMBERS: BAYLOCK, COHEN, KEIGHRAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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U:TILESVORDINANCApeninsulaparkinggrg-regulu.pin.wpd City Clerk
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