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"
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"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.
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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.
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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.
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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
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iP
CITY CLERK