Loading...
HomeMy WebLinkAboutOrd 0959ORDINANCE NO. 959 INTERIM URGENCY ZONING ORDINANCE ADDING A PROVISION TO P4UNICTPAL CODE.§25.70.040 REQUIRING A SFE- CIAL PERMIT FOR THE ERECTIONOFCERTAIN STRUCTURES WITHIN THE BURLINGAME AVENUE 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: AMENDMENT, §25.70.040 of the Burlingame Municipal Code is amended by adding the following provisions to the second paragraph of said section; "Notwithstanding any other provision of this code, neither any building having more than 15,000 square fee of gross -floor area, nor any building exceeding two stories in height shall be constructed or erected ceithin the boundaries of the Burlingame Avenue O££ -- Street Parking District, nor shall any building permit be issued for any such building, except upon special permit granted by the City Council upon appli- cation, notice and hearing as provided in Chapter 25.16 of this Code." SECTION 2; 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 measure as provided by lacca and shall take effect upon its final passage. The facts constituting such urgency are as follows4 Present regulations exempt certain properties •dvn the boun- daries 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. -1- Since the adoption of such exemption a building permit has been issued for a six story commercial building, now under construction, which, under such exemption, is not required to meet, and so fails to meet, the off-street parking requirements. It appears that upon occupancy, vehicles of tenants, and invitees, 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 applica- tions 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 Council and other: knowledgable people, including the City's staff, that high-rise commercial buildings within the said parking district 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 re- view having regard for the future impact of additional high-rise commercial buildings within the parking district. Time is re® quired to complete the 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 impact of any such future building upon public parking facilities in the area. SECTION 3a CONSTRUCTION, It is the intention of the City Council by this Interim Zoning Ordinance to suspend exemp- tions granted to properties within the Burlingame Avenue Area off - Street Parking District until new off-street parking requirements A2- for buildings of any kind have been studied, recommended, con® sidered and adopted, and to provide a method for 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 he liberally construed to ef4 fect its purpose and the purpose of Government Code §65858, pur- suant to which authority this ordinance is enacted, If any sec tion, subsection, clause, sentence or phrase is, for any reason, held to be invalid or unconstitutional, such invalidity or uncon- stitutionality 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 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 consider the new use and zoning regulations and finally reject the same and refuse to enact them into lawe or (3) After the expiration of four (4) months from the date of adoption of this ordinance, whichever comes £irsta SECTIOPd 5, This ordinance shall be published as re- quired by law„ y4 -y® r MAYOR I, HERBERT K. WHITE,: City Clerk of the City of Burlin- game, do hereby certify that the foregoing ordinance w as intro- duced and adopted at a regular meeting of the_Ci.ty Council held -3- on the 2i}tiZ day of �Tarch , 1972, by the following v®te4 AYES e COUNCILMEN AmstrtaTa®Crosby%-JoYsnsor-Manginl-Tiartin NOES ; COUNCILP�lEN Nome ABSENT: COUNCILMEN None -4- Czty r Clerk