HomeMy WebLinkAboutOrd 1376ORDINANCE N0, 1376
INTERIM ORDINANCE PROHIBITING DEVELOPMENT
AND SUBDIVISION OF CREEKSIDE LOTS
The CITY COUNCIL of the CITY OF BURLINGAME does hereby
ORDAIN as follows:
Section
1.
No
subdivision or parcel maps
shall be
accepted for
filing
if
the land subject to the map
contains
any portion of the flow area of a creek as defined by the
100 year flood/flow area and within ten feet of any
boundary of said area, all of which is hereinafter referred
to as the "restricted creek area".
Section 2.
No building
permits
shall be issued
for
new construction,
additions,
or other
development upon
any
area of any parcel within the restricted creek area. This
section shall not prevent the issuance of building permits
for the repair, maintenance or reconstruction of an
existing structure, so long as said work does not add to or
expand said existing structure within the restricted creek
area.
Section 3. A creek is defined as those several natural
streams which flow through the City and are listed in that
document entitled "1954 Report on Flood Control and
Drainage Facilities" by Jenks and Adamson, specifically
Mills, Easton, Sanchez, Terrace, Ralston, and Burlingame
Creeks,
as
well as
that tributary to Easton Creek
flowing
through
the
Kenmar
Terrace subdivision.
Section 4. The Planning Commission of the City of
Burlingame is hereby directed to pursue a study of the
existing zoning and subdivision ordinances to determine
methods of limiting subdivision of lands and construction
of new buildings or structures or additions to them, so
that the existing natural conditions of the creeks within
the City of Burlingame are preserved. Said study shall
include environmental and safety effects of such
development and shall consider appropriate ordinances and
other actions to preserve such natural conditions.
Section 5. It is hereby declared that there is a
current and immediate threat to the public health, safety
and welfare and this ordinance is therefore an urgency
measure as provided by law and shall take effect upon its
adoption.
The facts constituting such urgency are as follows:
Recent demands for residential development have cause the
subdivision and development of properties within the beds
and surrounding areas of creeks within the City of
Burlingame. Such development endangers the natural setting
and the environmental integrity of such areas, and
appropriate controls are therefore necessary; the approval
of subdivisions or parcel maps or the issuance of building
permits within said area would result in a threat to the
public health safety, and welfare.
Section 5. Duration. This ordinance is intended to
be an interim ordinance. Unless this ordinance is extended
as provided by Government Code Section 65858 or superceded
by any other ordinances it shall automatically cease to
have force and effect forty-five days from its date of
adoption.
Section 6.
required by law.
This ordinance shall be published as
I,
JUDITH A. MALFATTI, City Clerk of
the
City of
Burlingame, do hereby certify that the foregoing
URGENCY
INTERIM
ORDINANCE was introduced and adopted
at a
regular
meeting
of the City Council held on the
17th
day of
October
1988 by the following vote:
AYES:
COUNCILMEMBERS: AMSTRL'P, BARTON, LEMBI,
PAGLIARO
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: MANGINI
Vl�
City Clerk