HomeMy WebLinkAboutOrd 1013ORDINANCE NO,],,
REQUIRING A SPECIAL PERMIT
FOR THE ERECTION OF
STRUCTURES MORE THAN THIRTY6FIVE FEET
IN HEIGHT WITHIN CERTAIN DISTRICTS
E M E R G E N C Y
The City Council of the City of Burlingame does ordain
Section 1® Special Permits Required, NotwitYastanding'
any ether provision of the Burlingame Municipal Codo, no
buI
lding or structure exceeding thirty-five (35} feet in height
shall be constructed or erected within the following dz.stricts
as such districts are defined. in Chapter 25 (Zoning);
R®3 (Multi -family}
(Third Residential)
R-4
(Fourth Residential)
C-1
(Retail Commercial)
M-1
(Light. Industrial)
(Multi_
family)
nor shall any building permit be issued £or any such building
or structure® except upon special permit granted by the City
Council upon application, notice and hearing as provided in
Chapter 25.16 of the Municipal Code®
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 followse
Buildings that exeeod thirty-£i.ve (35) feet in height create
problems. They create congestion of pedestrians and auto
traffic; they require increased utility facilities they demand.
increasing amounts of power; they change the outside micro_
climate by producing increased heat, changing wind patterns
and create
wind tunnels,
interrupt views, create
a more anonymous
environment,
interrupt
commercial frontage, are
often visually
disturbing
and cause massive
shifts and changes
in the real
estate market.
They can
cause mare demands far services than
the taxes they
produce,
often cause concentration of
people and
vehicle movement
beyond
the resources of the city or
region to
supply, cause
serious timing
problems in producing needed
transportation
and other
public facilities which are
much harder
to finance and
build than
the financing and building
of a tall
building on a
particular
piece of land,
The Planning Commission of the City of Burlingame
presently has the foregoing problems under active study and is
expected to report and recommend certain changes to this Council
with respect to height limitations within the zoning districts
affected by this ordinance within thirty (30) days, The
restrictions of
this ordinance are necessary pending completion
of the Planning Commission report and recomm
endation and pending
their consideration by this Council and the possible enactment
of ordinances regulating height upon
the completion of such
consideration.
Section 3m Construction.
It is the intention of
the City Council by the adoption of this Interim Zoning Ordinance
to suspend the construction of further structures within the
zoning districts listed in Section 1 above, unless they are
thirty-five (35) feet or less in height, except after application,
notice and hearing, upon a parcel-by®parcel basis, during the
geriod of suspension. This ordinance is to be liberally
construed to effect its purpose and the purpose of Government
Code X65858, pursuant to which authority this ordinance is
enacted. If any section, subsection, clause, sentence or phrase
is, for any reason, held to be invalid or unconstitutional,
-2-
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 the new
use and zoning regulations, publish the same
and the same shall become effective;
(2) The City Council shall formally con-
sider the new use and zoning regulations and
finally reject the same and refuse to enact them
into law; or
(3) After the expiration of four (4)
months from the date of adoption of this
ordinance, whichever comes first.
Section S. Publication. This ordinance shall be
,%AYOR
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 z day of Jul-„ 1974, by
the following fourm£ifths vote:
AYES : COUNCILMEN.
ABSENTm COUNCILMEN:
CITY CLERK
NOES e COUNCILMEN: