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HomeMy WebLinkAboutOrd 0910iDINANCE NO. 91Q AN GT�DINANCE ADDING §§250aQ0 TQ 25, 70,042 0 CIApTER 25,12 "DISTRICT'S" OF TFIE BURLINGAIE TUNICIPAL CODE AND REGULATING THE USES OF UNCLASSIFIED LANDS, The City Council of the City of Burlingame does ordain as fallowsa Section 1® §25,70,040 is hereby added to the Municipal Cade of the City of Burlingame to read and provide a.s followsa `�§25,70,i?40 Unclassified lands, Any lot, parcel of land or area within the city which has not been assigned a zone classification by adoption of a map or by legislativ action is hereby declared to be unclassified. The use of unclassifx.ed land for any purpose for which no permit, license or other evidence of approval has been granted by an appropriate action of the city is hereby declared to be an unlawful use," Section 2, §25.70,041 is hereby added to the Municipal Code of thc- City of Burlingame to read and provide as follows: 1 2.5,70,041 Code of the City of Burlingam Continuation of existing use of unclassified. Land lands. Any existing use of unclassified land which was heretofore wat,�out a spec2al legally permitted may continue but may not be changed to any other use, expanded, extended beyond present confines orotherwise modified without a special permit from the .planning Commission." erection So §25.70.042 is hereby added to the Municipal e to read and provide as followers; §25,70,042 Use of 2r_esentLY= unused Sands, A" y Land wixicn zs unclassrf�.ed a.nd unused maj= not be z9sed far atzy purpose wat,�out a spec2al permit or until and follow ng a completed proceeding to classify the Land for the purl pose intended,` Section 4, Severability. If any section, subsection, subdivisions paragraph, sentence, clause or phrase of 'this ordxnancE or any part thereof is for any reason held to be unconstitutional, such deeision shall not affect the validity of the remaining pore tions of this ordinance or any part thereof. The City Council hereby declares that it would have I passed each section, subsection, i subdivision, paragraph, sentence, clause or phrase thereof, irce® spective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared! unconstitutional, I Section 5. publication, This ordinance shah be pub lisped as required by law, yor I, ierLert IZ. +.,12ite, City Clem, do hereby certify that the forego.�n; ordinance was introduced at a regular rzeeting of the City Council held on the 19th day of January 1970 , and adopted thereafter at a regular meeting of the City Council held on the 2nd day of February 1970 , by the following votes° AY i Se CouncilMen: strap®Crosby®Johnsrn�Martin. t3CE5➢ Councilmen: E?ieane, lbsent Counciiraen:None. PLANNING COMMISSION OF THE CITY OF BURLYNGAME, CALIFORNIA RESOLUTION NO. 4 - 69 RECOMMENDING THE ADOPTION OF AN ORDINANCE PROVIDING FOR THE REGULATION OF UNCLASSIFIED LANDS. WHEREAS, on November 24, 1969, pursuant to the pro- visions. of Chapter 25.16 of the Burlingame Municipal Coder the Planning Commission. decided, upon its own motion, to consider the matter of recommending to the City Council that an ordinance be adopted adding 925.12.040, 25012.050 and 25.12.060 to the Municipal Code of the City of Burlingame providing regulations for the control of lands within the City of Burlingame not presently classified; and WHEREAS, on said date the Planning Commission fixed Monday, December 22, 19699 at 8:00 p.m., in the Council Chambers of the Burlingame City Hall at 267 Park Road, Burlingame, California, as the time and place for hearing upon said matters and t%me and place for said 6aearing has been given by Publication as reguired by I46550® of the Government Code and 2250160090 of the Burlingame Municipal Code and that no other notice is necessary; and Commission at the time and place set forth in such publication at which hearing all interested persons were heard and evidence, both oral and documentary, was received; N0479 YHEREFORE, IT IS HEREBY RESOfVED that: 1. The Planning Commission hereby makes the findings set forth in Exhibit A attached hereto, incorporated herein, and made a part of this resolution by reference, and adopted by said Planning Com- nission as its statement of reasons for the recommeerdation herein- after .made. 2. The Planning Commission at a regular meeting of the Planning recommends to the City Council 22, 19699 and adopted thereafter that an ordinance be adopted adding 525.12.040, 25.12A50 and 25.12.060 to Chapter 25.12, Districts, as set forth in accordance with Exhibit B, attached hereto, incorporated herein and made a part hereof. 3. The Secretary of the Planning Commission be, and he is hereby, ordered to transmit to the City Council a copy of his minutes of said public hearing, as and for the summary of hearing provided fo by law. 4. The Secretary off the Planning Commission be, and he is hereby, ordered to transmit to the City Council a certified copy of this resolution together with its attachments. 102107 'el CHAIRMAN of the Planning Commission of the City of Burlingame I, Everett 9Co CCindig, Secretary of the Planning Com- mission of the City of Burlingame, do hereby certify that the fo going resolution was introduced at a regular meeting of the Planning Commission on December 22, 19699 and adopted thereafter by the following vote: AYES: COMMISSIONERS Cistulli, 9Cindig, Mink, Norberg, Taylor NOES: COMMISSIONERS Norse ABSENT COMMIISSIIONERS �rauner, Sine ` S .CR TARY -2- s i f as:3 tAaraas *�j RP��"s j st=�ame "' Is hereby made € part of a atepia' suffqicient to suggest that a procedural gap x#sts In our present zoning code in rola 'lon to lards ot now Formally classified. The paper 'Otled "Unclas� �. r�4�SI� aNas rest p�sss��a� bra f��as�� tir€�t Lha: add#ta�ar these, sections will resolve every possible conflict, �t Is reasonable to expci; that adopted ordinances prG �s -»�we an tvf+n:rmal e4Tic;o fvaaz:aa he mie .sections spell out an frail rag ati* s what rs� � �pde a s"s;r°tsge,r arias for ne resolution of differences �nsf reinforce the City's ixosatamr In arty legal actaor., UNCLASSIFIED LANDS IN BURLINGAME The question has again been raised regarding areas within the city which have never been classified in any zone and the resultant question of city controls on use of such properties. It is necessary to inquire into the history of zoning in the city in order to better examine the subject. Early Law All of the earlier zoning actions of the city were gathered into an "ordinance code" which was adopted in 1941. At that time, the city was divided into five classes of uses: 1. Commercial, 2. Apartment, 3. First residential, 4. Second residential, and 5. Industrial or unrestricted. The apartment district was further divided into two types. In the apartment districts generally, an apartment could be built with a counter permit from the building inspector; on the west side of Bayshore Highway and on both sides of El Camino, plans and specifications required approval of the Planning Commission. All 1'ands which were not otherwise zoned were assigned to the First Residential district but excepted from this designation were schools, churches, community clubhouses, public buildings, parks and playgrounds. The various zones were described but there was no adopted map though city maps were colored and used in the city hall. History of Present Law Beginning in 1952, a complete study of rhe city was made by the Planning Commission for the purpose of writing an entirely new zoning code. The number of zones was increased and a map drawn' to delimit these zones. An actual physical study was made over a period of months by commission members who met on Saturdays and walked the areas of the city, No suggestion was made and no con- sideration was given to the matter of a zone classification for schools, parks and public buildings though some n the latter category were included in the zones which surrou.,",ded them. For example, the present city hall is zoned C-1 and the firehouse on California Drive is zoned C-2. The new code provided that all areas thereafter annexed would become R-1 automatically. The date of adoption was January 5, 1954. A result is that some odd situ® ations exist which differ from each other and must be explained singly. Peninsula Hospital T he Peninsula Hospital land was purchased by the nospi;:al district from the Mills Estate Co. and annexed to the city i:. 1951. It was given no zone classification and remains uncles= sified. In 1958, it was suggested to the Council that some action to,, rectify this situation should be taken by a proceeding to zone te property C-30 professional, but Councilman Rooth b objected on the grounds that residential uses could be constructed under this zoning classification and people in Ray Park were op- posed to any.buildings housing nurses quarters or other residential uses on the property. The area remains unzoned. Southern Pacific and S F Water Property The property of Southern Pacific and San Francisco Water Department represents another peculiar situation. ,From a point approximately opposite Cambridge and south to the city line, it has always been within the city boundaries but was never given any classification. Since it does not conform to any of the ex- cepted uses (schools, parks, etc.) it remains unzoned. From that point (Cambridge) north, the land was until recently a part of Millbrae. A few years ago, after an agreement with Millbrae, the boundary line was moved north to the center line of Murchison. Thus, this part of the properties is now zoned R-1 in accordance with our rule regarding automatic classification following annexation. The railroad was in operation before the city was incor- porated and can properly be called a nonconforming use but this should not 'bar the city from any appropriate action to control non -railroad uses. The only case where the city has taken a zoning action on any of these properties was in permitting the construction of the restaurant on San Francisco land north of Broadway. It is the belief of the writer that the railroad's pay parking operation is not a nonconforming use but rather an illegal use instituted without benefit of permit or license. Two pieces of S. P. property offer a peculiar zoning problem. The railroad stations were originally and for many years active accessory buildings for railroad purposes including ticket sales, baggage handling and freight depots. At this time, they are only shelters. Neither have any zone classification though we allowed some commercial uses in the south portion of the Burlingame station® principally because we didn't want to start a legal hassle and secondly with the hope that a tenant might provide a little more care and housekeeping than the railroad expended on the place. However, the question of allowing a non -railroad use still remains, High School and Elementary School Sites Burlingame High School and the elementary school sites R�l) were permitted uses in the old ad_ and probably were "First The' State enabling act on local zoning states that cities °'may exercise the maximum degree of control over local zoning matters" but the Education Code provides that school districts should confer with city planning,officiala but are free to make their own decisions. However, this relates only to location of schools and not touae of school properties for other uses. Any � conversion of school -owned properties to other uses is subject to the jurisdiction of the city. i i Lack of Code Requirements for YJnclassified Lando � i We haveprepared a draft for 'additions to the,. zoning code to specifically provide for the control of the few .remaining ua- � >claeaified properties in .the city. z'hese should be considered as amendments to ths''.code. � �EoxaE A. i'.City Planner � r ®ct. 3,'1969 (, c EXHIBIT B Proposed addition to zoning code. 25.12. 040 Unclassified lands. Any lot, parcel of land or area within the city whioh has not been assigned a zone classification by adoption of a map or by legislative action is hereby declared to be unclassified. The use of unclassified land for any purpose for which no permit, license or other evidence of approval has been granted by an appropriate action of the city is 25.12,050 Continuation of existing use of unclassified lands. )ermitted may continue but may not be changed to any other useo expanded., xtended beyond present confines or otherwise modified without a special permit from the Planning Commission. 25.12.060 Use of presently unused lands. Arty land which is unclassified and unused may not be used ffor any purpose without a special permit or until and following a completed _proceeding to classify the land for the purpose intended. PROPQSEO AMLNUMENT TO GflDE _ REGULATING USES QF UNCLASSIFfE LANOSm Chairman plink announced a public hearing for the purpose of con- sidering and recommending to the City Council a proposed amendment to the Municipal Cede providing for the regulation of unclassified lands. The Chair declared the hearing open, The Secretary read in its entirety "Exhibit B - Proposed Addition to Zoning Code," an explanation of the proposed ordinance. The City Planner, responding to Chairman Mink, discussed the lands to which the proposed regulations will applyo The lands of the City and County of San Francisco (formerly Market Street Railway right of way ender jurisdiction of San Francisco Water Departments The lands of Southern Pacific Company (railroad right of way); Peninsula Hospitals Burlingame Nigh School site, adjacent to Washington Park, The City planner reported there may be some question as to certain elementary school sites � whether these are R�l or unclas ifieds however, adoption of the proposed ordinance will provide the city with the method for controlling their use. Chairman Mink commented that the changes will have the effect of requiring an owner of lands declared to be "unclassified" to seek approval of a special permit or land reclasslficationQ prior to changing a use existing at the time of adoption of the ordinance. The Secretary read in its entirety "Exhibit A � Findings." There were no comments from to audience in response to the Chair. The hearing was declared closed. The City Attorney referred to a paper prepared by the City Planner titled "Unclassified Lands in Burlingame," dated October 3, 1969, and made a part of the Findings; at his request, each Commissioner stated that "he had read, studied and understood" the papers A4°ES: COMMISSIONERS: Cistu I . min g, Mine Nov erg, Tm,ylW1 40ES: COMMISSIONERS: None ABSENT COMMISSIONERS: €Irauner, Sine PROPOSED\AMENDMENT TO CODE - AMENDING OFFWST EET PARKING The Seer�:tary read ire Its e.ri'tiret� °°E$hibit A A Findir¢gs®" There were no comments from th6\ a€adienc e in response to the Chair. BurlingameZrAmm ;ootions�5.70.010 to 25,70.030 Incius\ ve Of Chapter 25a709 'OFFSTREET PARKING" Of The Municipal Co\d,\Of The City Of � is rhe motion was seconded by Commissioner istulli and declared car� ried on the following roll call AYES: COMMISSIONERS: Cistaallig Ki¢adigQ \Kin k, Nerberg@ Taylor �9QE5: COMMYSSIONERS: Nsr�e ABSENT COMMISSIONERS: Rrauner, Sine idering and ecommending to the City Council a proposed amend" ent to tile Me icipal Code providing for off�street parking require" The Seer�:tary read ire Its e.ri'tiret� °°E$hibit A A Findir¢gs®" There were no comments from th6\ a€adienc e in response to the Chair. BurlingameZrAmm ;ootions�5.70.010 to 25,70.030 Incius\ ve Of Chapter 25a709 'OFFSTREET PARKING" Of The Municipal Co\d,\Of The City Of � is rhe motion was seconded by Commissioner istulli and declared car� ried on the following roll call AYES: COMMISSIONERS: Cistaallig Ki¢adigQ \Kin k, Nerberg@ Taylor �9QE5: COMMYSSIONERS: Nsr�e ABSENT COMMISSIONERS: Rrauner, Sine NOTICE OF HEARYNG CITY OF BURLINGAME NOTICE dS HEREBY GIVEN, pursuant to the provisions of the State Planning Lata and Title 25 of the Municipal Codes City of Burlingameg that Monday, yanuary l9s 19709 at the Viour of B:00 p.�s<s in the City Hall Cotuncil Chambersy 267 Par9c Road, Burlingame9 California9 the City Council off said City will hold a public hearing and will c®Haider amendment of TITfl.E 25 �ZONING� of the Municipal Code of tfie City of Burlingame by adding to Chapter 2s.1� off said 4itle Z�s �2sel2oO�09 ®50 and 060 providing for the regulations for the cruse of unclassified landsp and by amendinoj Chapter ��Sa70 providing for off-street parP<iuug regulationso At the time off the Vseav�ing9 all persons interested will be heardo For further particulars9 a referePo�e i.s made to the Office of the City Clerko i I_ Ib. of i Publish: San B�atew Timis �9ednesdayv �➢anuary l�9 1970