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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. - l - 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 _ 2 _ 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 - 3 - 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 - 4 - 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�� - 5 - CITY CLERK