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HomeMy WebLinkAboutOrd 0625ORDINANCE NO. 625 AN ORDINANCE AMENDING SECTIONS 1911, 1912, 19130 1914, 1915 AND 1921 OF THE ORDINANCE CODE OF THE CITY OF BURLINGAME BY PROVIDING PROCEDURES FOR HEARING, APPEAL AND REVIE-'W OF APPLICATIONS FILED UNDER PART X, ARTICLE 50 OF SAID CODE AND BY REGULATING THE CONSTRUCTION, MAINTENANCE AND USE OF TEMPORARY BUILDINGS The City Council of the City of Burlingame does ordain as follows: Section 1. Section 1911 of the Ordinance Code of the City of Burlingame is hereby amended to read and provide as follows: "Section 1911. Hearing.by Commission or Council (a) At the time set for hearing, or at any time to which the same may be continued, the Commission shall proceed to hear all parties interested therein. Thereafter, the Commission shall make and file its decisions in writing with the City Clerk. In all matters excepting the classificia.tion or reclassification of land, the Commission may grant or deny the application, or grant the application subject to such conditions or restrictions as it may deem advisable, but it shall not take any action affecting any building, land or premises as to which no notice shall have been given, except as provided in Section 1921 of this Code. (b) The recommendation of the Planning Commission on all applications for the classification or reclassification of land shall be filed in writing with the City Clerk. At its next regular meeting following such filing, the Council shall consider the application and the recommendation of the Commission. At that time or at any time to which the matter may be continued, the Council shall pass upon the application and no other notice need be given. The determination and order of the City Council shall be final and conclusive." Section 2. Section 1912 of the Ordinance Code of the City of Burlingame is hereby amended to read and provide as follows: "Section 1912. Appeal or Suspension of Order Pending Review Excepting applications for classification or reclassificatio of land, the determination and order of the Commission shall become final and conclusive on the second day following the next succeeding regular meeting of the City Council. During the period. between the date of the action of the Commission and one day following the next succeeding regular meeting of the City Council, any person may file an appeal in writing, in duplicate, with the City Clerk who shall retain one copy and deliver one copy to the secretary of the Planning Commission. During the same period, the Council may suspend the order of the Commission by its own motion until the Council may have approved, disapproved or modified the order of the Commission." Section 3. Section 1913 of the Ordinance Code of the City of Burlingame is hereby amended to read and provide as follows: "Section 1913. Review by the Council (a) At its next regular meeting following the appeal or the order for review by the Council, or at any meeting thereafter to which the matter may be continued, the Council shall conduct a hearing thereon. After having held such hearing the Council shall make and file its order determining the matter and may approve, disapprove or modify the order of the Commission. (b) The determination and order of the Commission, or if appeal or review is had under the foregoing provisions, the determination and order of the Council, is final and conclusive upon the applicant. Such decision shall run with the land or to the person as may be ordered. No same or similar application with reference to the same premises shall be filed for a period of one year from the date of the order. In the event that the applicant - 2 - shall have withdrawn, prior to the final action, any application filed under the provisions of this Division, such applicant is hereby prohibited for a period. of one year from the date of the withdrawal from filing a new application for the same, or similar purpose.' Section 4. Section 1914 of the Ordinance Code of the City of Burlingame is hereby amended to read and provide as follows: "Section 1914, Similar Method for All Hearings (a) Whenever in this Division, hearings on any matter before the Commission, or Council, or both, are required, and it is not specified that applications or notices of hearings be dis- pensed with, and no other procedure is specified, the applications and hearings shall be substantially in the time, form and manner herein prescribed. (b) Whenever it is provided in Sections 1926 to 1934, both inclusive, and in Section 1944, all of this Code, that a special permit is required or that a variance may be granted, hearings shall be held, and final determinations made, by the Planning Commission, provided, that in matters of classification or reclassification ofland or in cases of appeal from, or review of, an order of the Planning Commission, its determination shall become advisory only and the order of the City Council shall be final." Section 5. Section 1915 of the Ordinance Code of the City of Burlingame is hereby amended to read and provide as follows: "Section 1915. Recording by City Clerk The City Clerk shall keep and maintain a record of all recommendations of the Planning Commission and of all orders made by the Planning Commission or City Council.' - 3 - Section 6. Section 1921 of the Ordinance Code of the City of Burlingame is hereby amended to read and provide as follows: "Section. 1921, Temporary Accessory Buildings (a) Storage Building A temporary accessory building, used solely for the storage of tools, materials, equipment or implements or as a field quarter; incidental to the doing of any public work or to the construction, alteration or repair of a building, structure or other work for which a building permit has been issued pursuant to the provisions of this Code may be erected and maintained. Such temporary accessory building shall be removed upon completion of the work. Required acceptance of completion shall be withheld by proper city official until such temporary accessory building shall be removed. No such temporary accessory building shall be placed by any person upon a public street or way, or any part thereof, unless such person. shall first obtain a permit so to do from the City Engineer, (b) Tract Sales Office The Planning Commission may issue a permit for the con- struction or maintenance of a temporary Tract Office for the sale of Real Estate or for temporary buildings or structures other than those described in subsection (a) above. Application for such permit shall be made in writing and shall be filed with the City Clerk. The permit may be granted or denied by the Planning Commission without notice or after such notice as it may determine No fee shall be charged for the filing of an application for such permit. A permit for the construction or maintenance of such temporary building or structure shall state the date on or before which such building or structure shall be removed together with such other conditions as the Planning Commission shall, in its discretion, fix and determine." - 4 - Section 7. Severability If any section, subsection,sentence, clause, phrase or on of this Ordinance is for any reason held invalid or uncon- titutional by any court of competent jurisdiction, such portion hall be deemed a separate, distinct and independent provision, such holding shall not affect the validity of the remaining ortions thereof. Section B. All sections of this Code in conflict herewith hereby repealed. Section 9. This Ordinance shall be published once as uired by law. CHARIE S W. ROOTH, Mayor I, Herbert K, White, City Clerk of the City of Burlingame, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on the 16th day 1956 of April,/and adopted thereafter at a regular meeting of the City Council held on the 7th day of May, 1956s by the following vote: Ayes: Councilmen: Byrd -Morgan -Rooth -Thayer Noes: Councilmen: None Absent Councilmen: Johnson Herbert it -e, City Clerk