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.
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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
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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
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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
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Czty r Clerk