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HomeMy WebLinkAboutOrd 1000ORDINANCE NO. 1000 EXTENDING TEMPORARY INTERIM URGENCY ZONING ORDINANCES NOS, 984 AND 994 REQUIRING A SPECIAL PERMIT FOR THE ERECTION OF CERTAIN STRUCTURES WITHIN CERTAIN DISTRICTS E M E R G E N C Y The City Council of the City of Burlingame does ordain as follows: SECTION 1. HEARING AND FINDINGS. After notice pursuant to Government Code Section 65856 and public hearing, the City Council of the City of Burlingame finds that studies which were initiated by its order and set forth in Ordinances Nos. 984 and 994 entitled, respectively: "REQUIRING A SPECIAL PERMIT FOR THE ERECTION OF CERTAIN STRUCTURES WITHIN CERTAIN DISTRICTS" i' � "EXTENDING INTERIM URGENCY ZONING ORDINANCE NO. 984 REQUIRING A SPECIAL PERMIT FOR THE ERECTION OF CERTAIN STRUCTURES WITHIN CERTAIN DISTRICTS" respectively adopted by this Council on March 13, 1973, and on July 2, 1973, have been commenced and are continuing and will not be completed on February 19, 1974, when said ordinance No. 984, as extended by said Ordinance No. 994, will expire. It is further found that it is necessary to protect the public interest, health, safety and welfare to continue the provisions of Ordinance No. 984 as extended for a further period of time. Therefore, the provisions of said ordinances, and each of them, are hereby extended to February 19, 1975. SECTION 2. URGENCY. 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 emergency measure as provided by law and shall take effect upon its final passage. The facts constituting such urgency are as follows: Height and bulk of structures within the Waterfront Commercial District are presently unregulated. It appears advisable to adopt regula- tions to this end. It also appears advisable to review existing regulations pertaining to height of buildings and other structures within the City and also to review existing regulations limiting lot coverage, except for those districts listed in Section 2 of Ordinance No. 954. By contract dated December 19, 1972, the City of Burlingame employed WILLIAM E. SPANGLE, a land use planning consultant, to perform certain services, to make certain studies, and thereafter to report to the City of Burlingame. The contract required the Planning Consultant to perform the following specific services, among others: (1) Visual analysis including identification and analysis of scenic views, focal points and other dominant visual features; and (2) Formulation of criteria and procedures for urban design review throughout the City with particular attention focussed on presently undeveloped lands in the waterfront area, for which more detailed guidelines will be developed. Pursuant to the provisions of the contract, the Planning Consultant made a preliminary report consisting of a Summ ary of Visual Analysis and Outline for Urban Design Framework at a special meeting of the Planning Commission held on January 29, 1973, at which meeting members of the general public were in attendance, and questions and comments of commissioners and members of the public, written and oral, were received, collected and noted for the purpose of continuing study. - 2 - Also pursuant to the provisions of the contract, the Planning Consultant made further intermediate reports to the Planning Commission at its regular study meeting on February 14, 1973, at which his Report No. 1, "Visual Analysis and outline for Urban Design Framework" and Report No. 2, "Outline for Open Space and Conservation Elements" were again discussed and Report No. 3, "Preliminary Urban Design Guidelines" was filed with the Planning Commission, Report No. 3 was discussed by the Planning Commission and the Planning Consultant at the Commission's regular meeting on February 26, 1973, at which meeting members of the general public were in attendance, and questions and comments of com- missioners and members of the public, written and oral, were received, collected and noted for the purpose of continuing study. The Planning Consultant has now completed his studies. Pre- liminary studies were presented by him to the Planning Commission at its regular meeting held on July 23, 1973. Completed studies were filed on August 15, 1973, and are presently before the Planning Com- mission and the City Council for review and for implementation. It appears probable that the adoption of amendments to existing height limitations, and the adoption of height and bulk regulations for those areas of the City were they do not presently exist will be required. The restrictions of this ordinance are further necessary pending the completion and implementation of the reviews, studies and reports mentioned above, in order that existing undeveloped lands within those areas of the City where height and bulk regulations do not presently exist may be improved in the meantime only upon an approved basis in accordance with the studies and reports as they proceed toward formulation, submission, consideration, adoption and implementation. - 3 - SECTION 3. CONSTRUCTION. It is the intention of the City Council by the extension of Ordinance Nos. 984 and 994 to continue suspension of construction of further structures within the Waterfront Commercial District, other than those which come within the limitations of that ordinance, except after application, notice and hearing, upon a parcel -by -parcel basis, during the period of suspension. This ordinance is to be liberally construed to effect its purpose and the purpose of Government Code Section 65858, pursuant to which authority this ordinance is enacted. I£ 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 extension of 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 the new use and zoning regulations, 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) February 19, 1975, whichever comes first. SECTION 5. PUBLICATION. This ordinance shall be published as required by law. - 4 - I, HERBERT K. WHITE, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced and adopted at a regular meeting of the City Council held on the 7th day of January, 1974, by the following four-fifths vote: AYES: COUNCILMEN: Amstrup, Crosby, Cusick, Mangini, Martin NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None - 5 - iP CITY CLERK