HomeMy WebLinkAboutOrd 1046I^TTERPf URGENCY ZONING
ORDINANCE
ORDINANCE N0, 1
AN ORDINANCE AMENDING SECTION 25. 36.020
OF THE MUNICIPAL CODE CONCERNING C-1
DISTRICT REGULATIONS
The City Council of the City of Burlingame does ORDAIN
as follows:
Section 1. Section 26.36.020 of the Burlingame
Municipal Code is amended to read as follows:
"25.36.020. Permitted uses
permitted in the C-1 Districts.
The following uses are
1. A11 uses permitted in R Districts and subject to
the same regulations and restrictions applying to those
uses in their respective districts, and subject to build-
ing restrictions prescribed in Section 25.36.060 of this
chapter.
2. Advertising structures, where such structures are
a component part of a building and used for advertising
the business therein.
3. Antique. shop.
4. Automobile sales room, but excluding service
facilities.
5. Bank.
6. Barber shop.
7. Business office or agency.
8. Cleaning and dyeing agency.
9. Creamery, but excluding bottling or manufacture
of dairy products.
10. Dancing academy.
11. Dressmaking or tailoring, but excluding wholesale
manufacturing.
12. Electrical appliances, fixtures, radio, etc.
13. Hotel.
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14. Pet shop, but excluding breeding pens, boarding,
or kennels.
15, Professional offices.
16. Public eating establishments.
17, Real estate offices.
18. Shoe repair shop.
19. Store or shop for the conduct of any retail
business except as otherwise herein provided.
20. Washing machine rental service, but excluding
laundries.
21. Uses customarily incidental to the above uses,
and accessory buildings when located on the same lot,
provided that there shall be no manufacturing, assembling,
compounding, spraying, processing or treatment of products,
other than that which is clearly incidental and essential
to a store or business, and where all products therefrom
are sold on the premises,
22. Other uses similar in character to those en-
umerated in this section, which will not be obnoxious or
detrimental to the neighborhood in which they are located."
Section 2. Urgency Clause. It is hereby declared that
this ordinance is an ordinance
for the immediate preservation of the
public peace, safety, health and welfare, and is an urgency
measure as provided by law, and shall take effect upon its final
passage.
The facts constituting such urgency are as follows:
There presently exists theater buildings in the C-1 and C-2 zones
of the City of Burlingame. Such buildings are currently vacant..
Their continued use as theater buildings could have serious impact
upon automobile traffic and parking on both Burlingame Avenue,
California Drive and Broadway. The interior of said buildings may
contain serious building and safety problems due to their long
i
periods of non-use, and the age of their construction.,, It is
therefore necessary that the Planning, Commission of the City of
'Burlingame be given time to consider the desirability of the
limination of such uses from the C-1 and C-2 zones of this City,
restrictions of this ordinance are necessary pending the
completion of such consideration by the Planning Commission and
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by this Council and the possible enactment of final ordinances
on this subject.
Section 3. Construction. It is the intention of the
City Council by the adoption of this interim zoning ordinance to
suspend the use of any existing buildings for theater purposes,
or to prevent the issuance of building permits for any new build-
ings for such purposes in the C-1 and C-2 zones of this City
except for any permits for theater uses having previously been
granted within said zones. This ordinance is to be liberally
construed to effect its purpose and the purpose of Government
Code Section 65858, pursuant to which authority for this ordinance
is enacted. If any section, subsection clause, sentence or phrase
is for any reason held to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other portion of this ordinance.
Section 4.
Duration.
This
ordinance is
intended
to
be an interim urgency
zoning
ordinance.
Unless this
ordinance
is
extended as provided by law it shall automatically cease to have
force and effect without
specific repeal when either:
(1) The City Council shall enact a new use and
zoning regulation, publish the same, and the same shall
become effective;
(2) The City Council shall formally consider the new
use and zoning regulations and finally reject the same and
refuse to enact them into law; or
(3) After expiration of four (4) months from the date
of adoption of this ordinance, or the subsequent extention
of this ordinance as provided by Section 65858 of the
Government Code, whichever comes first.
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Section 5. Publication. This ordinance shall be
published as required by law.
pR
HERBERT K. WHITE, City Clerk of the City of Burlingame,
does hereby certify that the foregoing ordinance was introduced
and adopted at a regular meeting of the City Council held on the
2nd day of September, 1975 by the following four-fifths vote:
AYES: COUNCILMEN: AMSTRUP, CUSICK, CROSBY, HARRISON, MANGINI
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
HERBERT K. GTHITE, City Clerk
Dep y City Clerk
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