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HomeMy WebLinkAboutOrd 0981ORDINANCE N0. 9II1 EXTENDING TEMPORARY INTERIM URGENCY ZONING ORDINANCES NOS. 959 AND 960 RESTRICTING ISSUANCE OF BUILDING PERMITS WITHIN THE BURLINGAME AVENUE AREA OFF-STREET PARKING DISTRICT 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 X65856 and public hearing, the City Council of the City of Burlingame finds that parking studies which were ini- tiated by its order and set forth in Ordinances Nos. 959 and 960 entitled, respectively: "INTERIM URGENCY ZONING ORDINANCE ADDING A PROVISION TO MUNICIPAL CODE X25.70.040 RE- QUIRING A SPECIAL PERMIT FOR THE ERECTION OF CERTAIN STRUCTURES WITHIN THE BURLINGAME AVENUE AREA OFF-STREET PARKING DISTRICT." "EXTENDING TEMPORARY INTERIM URGENCY ZONING ORDINANCE N0. 959 RESTRICTING ISSUANCE OF BUILDING PERMITS WITHIN THE BURLINGAME AVE- NUE AREA OFF-STREET PARKING DISTRICT." respectively adopted by this Council on March 20, 1972, and on July 17, 1972, and which were also initiated by its Resolution No. 16-72 entitled: "DECLARING INTENTION TO STUDY OFF-STREET PARKING NEEDS WITHIN THE BURLINGAME AVENUE AREA OFF-STREET PARKING DISTRICT." also adopted by this Council on March 20, 1972, have been com- menced and are continuing and will not be completed on March 20, 1973, when said Ordinance No. 959, as extended by said Ordinance - 1 - No. 960, will expire. It is further found that it is necessary to protect the public interest, health, safety and welfare to con- tinue the provisions of Ordinance N0.1959 as extended for a further period of time. Therefore, the provisions of said ordi- nances, and each of them, are hereby extended to March 20, 1974. SECTION 2. URGENCY. It is hereby declared that this ordinance is an ordinance for the immediate preservation o£ 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: Present regulations exempt certain properties within the boundaries of the Burlingame Avenue Area Off -Street Parking District for which no assessment credit has been claimed from the off-street parking requirements of the Burlingame Municipal Code. Since the adoption of such exemption, a building permit has been issued for a six -story commercial building, now completed and par- tially occupied which, under such exemption, is not required to meet, and so fails to meet, the off-street parking requirements. It appears that upon full occupancy, vehicles of tenants and in- vitees, visitors and customers of the tenants of said building, may overcrowd public street and municipal off-street parking facilities in the vicinity of the building. It is also reasonable to assume that applications for additional multi -story "high-rise" building permits within said parking district will be received in the future, with like results if presently allowable off-street parking exemptions are exercised. It is evident that conditions have changed since enactment of the off-street parking exemptions in 1955, at which time it was believed by the members of the City - 2 - Council and other knowledgable people, including the City's staff, that high-rise commercial buildings within the said parking dis- trict would never become economically feasible. The Council has initiated and directed a general review and study of the off- street parking needs within said parking district, and a special study and review, having regard for the future impact of additiona. high-rise commercial buildings within the parking district. An agreement for a comprehensive parking study within the District was executed by the City and De Leuw, Cathers & Company, Engineers on or about June 19, 1972. Its final report, entitled "PARKING STUDY", dated December 19, 1972, was submitted to City early in January, 1973, and since receipt has been reviewed by the Citizens Parking Committee appointed by Council, and has been the subject of preliminary consideration by Council. Its recommendations, absolute or alternate, require further study by Council and by staff, and public hearings by Council are contemplated to this end. Time is required to complete City's study and to adopt and make effective its results. No high-rise commercial buildings should be allowed as a matter of course pending the completion of such study. Such buildings may be allowed after application, notice, hearing, and consideration by the City Council of the im- pact of any such future building upon public parking facilities in the area. SECTION 3. CONSTRUCTION. It is the intention of the City Council by this Interim Zoning Ordinance to suspend further exemptions granted to properties within the Burlingame Avenue Area Off -Street Parking District until new off-street parking requirements for buildings of any kind have been studied, recom- mended, considered and adopted, and to provide a method for - 3 - considering reinstatement of such exemptions, after application, notice and hearing, upon a parcel -by -parcel basis, during the period of suspension. This ordinance is to be liberally con- strued 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 invalid- ity or unconstitutionality shall not affect the validity or con- stitutionality 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 on March 21, 1974, without specific repeal unless: 1. The City Council shall enact the new use and zoning regulations, publish the same and the same shall become effective earlier; or 2. The City Council, earlier, shall formally con- sider the new use and zoning regulations and finally reject the same and refuse to enact them into law. SECTION 5. This ordinance shall be published as required by law. r MAYOR I, HERBERT K. WHITE, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was - 4 - introduced and adopted at a regular meeting of the City Council held on the 5th day of March, 1973, by the following four-fifths vote: AYES: COUNCILMEN Amstrup-Crosby-Cusick-idangini-Martin NOES: COUNCILMEN None ABSENT: COUNCILMEN None - 5 - ?c . CITY CLERK