HomeMy WebLinkAboutOrd 0960ORDINANCE PdO. 960
EXTENDING TEMPORARY INTERIM URGENCY 20NING ORDINANCE NO. 959
RESTRICTING ISSUANCE OF BUILDING
PERMITS WITHIN THE B'URLINGAME AREA 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. HEARING AND FINDINGS. After public hearing
notice pursuant to Government Code §65856 and public hearing, the
City Council of the City of Burlingame finds that parking studies
which were initiated by its order and set forth in Ordinance No.
959 entitled:
"INTERIM URGENCY ZONING ORDINANCE ADDING A
PROVISION TO MUNICIPAL CODE §25.70.040 RE-
QUIRING A SPECIAL PERMIT FOR THE ERECTION
OF CERTAIN STRUCTURES WITHIN THE BURLINGAME
AVENUE AREA OFF-STREET PARKING DISTRICT."
adopted by this Council on March
20, 1972, and by its Resolution
No. 16-72 entitled:
"DECLARING INTENTION TO STUDY OFF-STREET
PARKING NEEDS WITHIN THE BURLINGAME AVENUE
AREA OFF-STREET PARKING DISTRICT"
also adopted by this Council on March 20, 1972, have been com-
menced and are continuing and will not be completed on July 20,
1972, when said Ordinance No. 959 will expire. It is further
found that it is necessary to protect the public interest, health,
safety and welfare to continue the provisions of Ordinance No.
959 for a further period of time.
SECTION 2. URGENCY. It is hereby declared that this
ordinance is an ordinance for the immediate preservation of the
- 1 -
public peace, safety, health and welfare, and is an emergency
measure as provided by law and shall take effect upon its final
passage.
The facts constituting such urgency are as follows:
Present reg!rlations exempt certain properties within 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.
Since the adoption of such exemption, a building permit has been
issued for a six -story commercial building, now completed and
partially occupied which, under such exemption, is not required
to meet, and so fails to meet, the off-street parking require-
ments. It appears that upon full 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 applications 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 re-
view and study of the off-street parking needs within said park-
ing district, and a special study and review having regard for
- 2 -
the future impact of additonal high-rise commercial buildings
within the parking district. Time is required 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 3. CONSTRUCTION. It is the intention of the
City Council by this Interim Zoning Ordinance to suspend further
exemptions granted to properties within the Burlingame Avenue
Area Off -Street Parking District until new off-street parking
requirements for buildings of any kind have been studied, recom-
mended, considered and adopted, and to provide a method for con-
sidering reinstatement of such exemptions, after application,
notice and hearing, upon a parcel -by -parcel basis, during the
period of suspension. This ordinance is to be liberally construe
to effect its purpose and the purpose of Government Code 565858,
pursuant to which authority this ordinance is enacted. I£ any
section, subsection, clause, sentence or phrase is, for any rea-
son, held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or constitu-
tionality 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
- 3 -
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 law; or
(3) After the expiration of eight (8) months from the
date of adoption of this ordinance, whichever comes
first.
SECTION 5. This ordinance shall be published as
required by law.
e MAYOR
I, HERBERT K. WHITE, City Clerk of the City of
Burlingame, do hereby certify that the foregoing ordinance was
introduced and adopted at a regular meeting of the City Council
held on the 17th day of July, 1972, by the following four-fifths
vote:
AYES: COUNCILMEN pmstrup-Crosby-Cusick-Martin
NOES: COUNCILMEN None
ABSENT: COUNCILMEN:
Mangini
ERBERT K. WHITE, CityC)c
- 4 -