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HomeMy WebLinkAboutOrd 17812 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 ORDINANCE NO. 1781 ORDINANCE OF THE CITY OF BURLINGAME ADOPTING AN URGENCY ORDINANCE PURSUANT TO GOVERNMENT CODE SECTION 36937 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 BURLINGAME does hereby ordain as follows: Section 1. A: In 2004, the City Council approved a conditional use permit for the construcrion 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 onthe 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 an d early April ofthis 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 project envisioned by the Hospital Distri ct and 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 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 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 extension would serve the public interest and meet the findings of an amended conditional use permit. The current provision governing construction hours of the Municipal Code does not provide this limited authority to the Commission. 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 maybe 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, an d 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 ordinance shall be effective only until September 1, 2006, unless earlier repealed, and shall have no further force an d effect beyond that date. Section 4. This ordinance shall be published as required by law and take effect immediately. �t Mayor I, DORIS MORTENSEN, City Clerk ofthe City of Burlingame, do hereby certify thatthe foregoing ordinance was introduced an d adopted at a regular meeting of the City Council held on -2- 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 the 1 sr day of May, 2006, by at least a four-fifths vote of the Council as follows: AYES: COUNCILMEMBERS: BAYLOCK, KEIGHRAN, NAGEL, UMAHONY NOES: COUNCILMEMBERS: COHEN ABSENT: COUNCILMEMBERS: NONE U:\F[LES\ORDINANC\pepinsulapazlcinggrg.pin.wpd -3- City Clerk