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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