HomeMy WebLinkAboutOrd 0984ORDINANCE N0. 984
INTERIM URGENCY ZONING ORDINANCE
REQUIRING A SPECIAL PERMIT
FOR THE ERECTION OF
CERTAIN STRUCTURES WITHIN CERTAIN DISTRICTS
E M E R G E N C Y
The City Council of the City of Burlingame does ordain
as follows:
Section 1. Special Permits Required. Notwithstanding
any other provision of the Burlingame D4unicipal Code, no building
or structure shall cover more than 30% of the total area of the
lot or parcel upon which it is constructed, nor shall any building
or structure exceeding thirty-five (35) feet in height be con-
structed or erected within the City, nor shall any building permit
be issued for any of such buildings or structures, except upon
special permit granted by the City Council upon application, noticf
and hearing as provided in Chapter 25.16 of the Municipal Code.
Section 2. Exceptions. (1) The provisions of
Section
1 of this ordinance shall not apply in the following districts of
the City:
First residential (single-family dwellings)
(R-1)
Second residential (Duplex or two-family
dwellings_ (R-2)
Third residential (multi -family dwellings)
(R-3)
as said districts are defined, described and delineated in Title
25 (ZONING) of the Burlingame Municipal Code, nor shall the pro-
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visions of Section 1 of this ordinance apply to the Burlingame
Avenue Area Off -Street Parking District, wherein the provisions of
Ordinances numbered 959 and 960, as extended by Ordinance No. 981,
shall continue to apply.
(2) The provisions of Section 1 of this ordinance
',shall not apply to any building or structure for which any appli-
cation for any building permit, conditional use permit, any other
kind of permit, or variance is on file in the appropriate depart-
ment of the City on the effective date of this ordinance, and ei-
ther:
(a) The Planning Commission has considered
such application publicly at either a study meet-
ing or a regular meeting; or
(b) A Negative Deolaration has been posted
pursuant to applicable regulations providing for
the making of
Environmental Impact Reports; or
(c) A final Environmental Impact Report has
been made by the City Council.
Section 3. Suspension of
Variable Height District
Regulations. The variable height district regulations as set
forth in Chapter 25.35 of the Burlingame Municipal Code are hereby
suspended.
Section 4. 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 mea-
sure as provided by law and shall take effect upon its final
passage.
The facts constituting such urgency are as follows:
Height and bulk o£ structures within the Waterfront Commercial
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District are presently unregulated. It appears advisable to adopt
regulations to this end. It also appears advisable to review
existing regulations pertaining to height of buildings and other
structures within the City and also to review existing regulations
limiting lot coverage, except for those districts listed in
Section 2 of this ordinance. By contract dated December 19, 1972,
the City of Burlingame employed. WILLIAM E. SPANGLE, a land use
planning consultant, to perform certain services, to make certain
studies, and thereafter to report to the City of Burlingame. The
contract requires the Planning Consultant to perform the follow-
ing specific services, among others: (1) Visual analysis includ-
ing identification and analysis of scenic views, focal points and
other dominant visual features; and (2) Formulation of criteria
and procedures for urban design review throughout the City with
particular attention focussed on presently undeveloped lands in
the waterfront area, for which more detailed guidelines will be
developed.
Pursuant to the provisions of the contract, the Planning
Consultant made a preliminary report consisting of a Summ
ary of
Visual Analysis and outline for Urban Design Framework at a spe-
cial meeting of the Planning Commission held on January 29, 1973,
at which meeting members of the general public were in attendance,
and questions and comments of commissioners and members of the
public, written and oral, were received, collected and noted for
the purpose of continuing study.
Also pursuant to the provisions of the contract, the
Planning Consultant made further intermediate reports to the
Planning Commission at its regular study meeting on February 14,
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;1973, at which his Report No. 1, "Visual Analysis and Outline for
Urban Design Framework" and Report No. 2, "Outline for Open Space
and Conservation Elements" were again discussed and Report No. 3,
"Preliminary Urban Design Guidelines" was filed with the Planning
Commission. Report No. 3 was discussed by the Planning Commission
and the Planning Consultant at the Commission's regular meeting on
February 26, 1973, at which meeting members of the general public
were in attendance, and questions and comments of commissioners
and members of the public, written and oral, were received, col-
lected and noted for the purpose of continuing study.
It appears probable that Urban Design Framework and
Guidelines to be developed by the Planning Consultant may require
implementation by the adoption of amendments to existing height
limitations, and the adoption of height and builk regulations for
those areas of the City where they do not presently exist.
The restrictions of this ordinance are further necessary
pending the completion and implementation of the reviews, studies
and reports mentioned above, in order that existing undeveloped
lands within those areas of the City where height and bulk regula-
tions do not presently exist may be improved in the meantime only
upon an approved basis in accordance with the studies and reports
as they proceed toward formulation, submission, consideration,
adoption and implementation.
Section 5. Construction. It is the intention of the
City
Council in adopting this Interim
Zoning
Ordinance to suspend
the
construction
of further buildings
or structures
within the
City
(except for
those districts specified
in
Section 2), having
a lot
coverage in
excess of 30a or a
height
exceeding thirty-five
(35)
feet, except
after application,
notice
and hearing, upon
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a parcel -by -parcel basis, during the period of suspension. 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 un-
constitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any other portion of
this ordinance.
Section 6. Duration. This ordinance is intended to be
an interim urgency zoning ordinance. Unless this ordinance is ex-
tended as provided by law, it shall automatically cease to have
force and effect without specific repeal when either:
(1) The City Counoil 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 ordi-
nance, whichever comes first.
Section 7. Publication. This ordinance shall be pub-
lished as required by law.
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*AYOR
I, HERBERT K. WHITE, City Clerk of the City of
v
Burlingame, do hereby certify that the foregoing ordinance was
introduced and adopted at a regular meeting of the City Council
held on the 19th day of March 1973, by the
following four-fifths vote:
AYES: COUNCILMEN: Amstrup-Crosby-Cusick-P4angini-Martin
'NOES: COUNCILMEN: None
'ABSENT: COUNCILMEN: 2done
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CITY CLERK