HomeMy WebLinkAboutOrd 0994ORDINANCE NO. n�4
EXTENDING INTERIM URGENCY ZONING ORDINANCE NO. 984
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. HEARING AND FINDINGS. After notice pursuant
to Government Code 565856 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 No. 984 entitled:
"INTERIM URGENCY ZONING, ORDINANCE REQUIRING
A SPECIAL PERMIT FOR THE ERECTION OF CERTAIN
STRUCTURES WITHIN CERTAIN DISTRICTS"
adopted by this Council on March 19, 1973, have been comm
enced
and are continuing and will not be completed on July 19, 1973,
when said Ordinance No. 984 will expire. It is further found
that it is necessary to protect the public interest, health,
safety
ordinance are hereby extended to February 1
and welfare to
continue
the provisions
of Ordinance
No. 989
for a
further period
of time.
Therefore, the
provisions of
said
9, 1974.
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.
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The facts constituting such urgency are as follows:
Height
and bulk
of
structures
within the Water -
rent Commercial
District
are
presently
unregulated. It appears
ladvisable 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 Ordinance No. 984. 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 following specific services, among others: (1)
Visual analysis including 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 Summary of
Visual Analysis and Outline for Urban Design Framework at a special
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,
1973, at which his Report No. 1, "Visual Analysis and Outline for
Urban Design Framework" and Report No. 2, "Outline for Open Space
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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 has been reported to this Council that the Planning
Consultant has now completed his studies and that the results will
be presented by him to the Planning Commission at its regular
meeting to be held. on July 23, 1973. Presentation of the com-
pleted studies to this Council will be made thereafter, presumably
at a regular meeting to be held in the month of August, 1973..
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 bulk regulations for
those areas of the City where they do not presently exist.
The restrictions of this ordinance are further necess
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 3. CONSTRUCTION. It is the intention of the
City Council by the extension of Ordinance D7o. 984 to continue
suspension of construction of further structures within the Water-
front Commercial District, other than those which come within the
limitations of that ordinance, except after application, notice
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and hearing, upon 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 unconstitutional, such invalidity or unconstitu-
tionality shall not affect the validity or constitutionality of
any other portion of this ordinance.
SECTION 4. DURATION. This ordinance is intended to be
'an extension of 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 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 eight (8)
months from the date of adoption of this
ordinance, whichever comes first.
SECTION 5. PUBLICATION. This ordinance shall be pub-
',lished as required by law.
I, HERBERT K. WHITE, City Clerk of the City of
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Burlingame, do hereby certify that the foregoing ordinance was
introduced and adopted at a regular meeting of the City Council
held on the 2nd day of July, 1973, by the following four-fifths
AYES : COUNCILMEN : « � �1 ;„mez'In uir
'NOES: COUNCILMEN: "xv`uxati
',ABSENT: COUNCILMEN: No3��
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CITY CLERK