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HomeMy WebLinkAboutOrd 0982ORDINANCE NO. 982 E:{TENDING INTERIM URGENCY ZONING ORDINANCE NO. 971 AMENDING 525.70.030 (b) TITLE 25 (ZONING) OF THE MUNICIPAL CODE REGULATING OFF-STREET PARKING REQUIREMENTS FOR APARTMENTS AND APARTMENT HOTELS 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 purs to Government Code X65856 and public hearing, the City Council of the City of Burlingame finds that parking studies which were tiated by its order and set forth in Ordinance No. 971 entitled: "INTERIM URGENCY ZONING ORDINANCE AMENDING §25.70.030 (b), TITLE 25 (ZONING) OF THE MUNICIPAL CODE REGULATING OFF-STREET PARKING REQUIREMENTS FOR APARTMENTS AND APARTMENT HOTELS" adopted ordinance are hereby extended to March 6, 1974 by this Council on November 6, 1972, have been commenced and are continuing and will not be completed on March 6, 1973, when said Ordinance No. 971 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. 97 for a further period of time. Therefore, the provisions of said SECTION 2. URGENCY. It is hereby declared that this ordinance is an ordinance for the imm ediate 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 follows: There are extensive areas of the City presently zoned as R-3 (Third Residential) Districts. Private redevelopment is occurr -1- in these and other areas of the City by the demolition of single family dwellings and the construction of new apartment buildings; the present off-street parking provisions require only six (6) off-street parking spaces for an apartment building containing six'' (6) dewlling units; many existing streets in these areas are old and narrow and are presently used extensively for the parking of vehicles overnight and traffic flow is thereby obstructed, there is no local public transportation system in the City of Burlingame;; and the number of motor vehicles is increasing more rapidly than the population; the Parking Commission has formally recommended to this Council that off-street parking regulations be amended to require no less than 1.5 parking spaces for each dwelling unit; a like recommendation was made to this Council by the Planning Commission on an interim basis pending a study by it of parking - space requirements for multi -family units, whereupon the matter was referred to the Planning Commission by this Council for study.'', After proceedings, including public hearings, duly and regularly had, the Planning Commission completed its study and made its recommendation to this Council by its Resolution 10-72 entitled "Recommending Amendment to the Off -Street Parking Regulations for Apartments and Apartment Hotels", adopted December 11, 1972. Upon; receipt of the Planning Commission's recommendations as set forth in said resolution, and after consideration, this Council on January 2, 1973, referred certain modifications to said recommenda tions to the Planning Commission for report and recommendation pursuant to the provisions of Government Code, §65857. No report or recommendation has yet been received from the Planning Commission, where this Council's recommendations are now under active study. Additional time is requisite for further study by both the Planning Commission and this Council. SECTION 3. CONSTRUCTION. This ordinance is to be liberally construed to effect its purpose and the purpose of -2- 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 further 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 new use and zoning regulations, publish the same and the same shall become effective; (2) The City Council shall formally consider 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. SECTION 5: This ordinance shall be published as re- quired by law. MAYVR 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 5th day of March , 1973, by the following vote: AYES: COUNCILMEN: Amstrup-Crosby-Cusick-Mangini-Martin NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None -3- CITY CLERK