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
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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.
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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
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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 4th day of November ® 1974,
by the following four-fifths vote:
AYES: COUNCILMEN: Amstrup-Crasby-Cusick-FFarrison-Mangini
City Clark
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