Loading...
HomeMy WebLinkAboutOrd 1022EXTENDING INTERIM. URGENCY ZONING ORDINANCE N0, 1013 REQUIRING A SPECIAL PERMIT FOR THE ERECTION OF STRUCTURES MORE THAN THIRTY°FIVE 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. HEARING AND FINDINGS. After notice pursuant to Government Code §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 Ordinance Noe 1013 entitled° "INTERIM URGENCX ZONING ORDINANCE REQUIRING A SPECIAL PERMIT FOR THE ERECTION OF STRUCTURES MORE THAN THIRTYpFIVE FEET IN HEIGHT WITHIN CERTAIN DISTRICTS" adopted by this Council on July 15, 1974, have been commenced and are continuing and will not be completed on November 15, 1974 when said Ordinance No. 1013 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. 1013 for a further period of time. Therefore, the provisions of said ordinance are hereby extended to July 15, 19750 SECTION 2. URGENCY, It is hereby declared that this ordinance is an ordinance £or the immediate preservation of the public peace, safety, Faealth and welfare, and is an emergency measure as provided by law and shall take effect upon its final sr�-r_rr� The facts constituting such urgency are as follows: Buildings that exceed thirty-five (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 microclimate by produc- ing 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 more demands for services than the taxes they produce, often] cause concentration of people and vehicle movement beyond the resources of the city or regian 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 PYanning Commission of the City of Burlingame presently has studied the foregoing problems and has reported and recommended certain changes to this Council with respect to height limitations within the zoning districts affected by this ordinance. Those recommendations have been referred to a sub- committee of this Council which sub -committee is expected to report to the full Council by November 30, 1974. The restrictions of this ordinance are necessary pending consideration by this Council and the possible enactment of ordinances regulating height upon the completion of such consideration. SECTION 3. CONSTRUCTION, It is the intention of the City Council by the extension of Ordinance 1013 to suspend the construction of further structures within the zoning districts listed in Ordinance 1013, 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 period of suspension. - 2 - This ordinance is to be liberally construed to effect its purpose and the purpose of Government Code §65858, 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, 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 regulatians, 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 the expiration of eight (8) months from the date of adoption of this ordinance, whichever comes first. published as required by law. MAYOR - 3 - 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 4th day of November ® 1974, by the following four-fifths vote: AYES: COUNCILMEN: Amstrup-Crasby-Cusick-FFarrison-Mangini City Clark - 4 -