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