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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: