HomeMy WebLinkAboutOrd 18391
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ORDINANCE NO. 1839-2009
ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 25.36 OF TITLE 25 OF THE
BURLINGAME MUNICIPAL CODE TO ALLOW UP TO FIVE ADDITIONAL FOOD ESTABLISHMENTS
IN CERTAIN PORTIONS OF SUBAREA A OF THE BURLINGAME AVENUE COMMERCIAL AREA, TC
ADD A DEFINITION FOR "READY -TO -EAT FOOD SHOP" AND TO ALLOW READY -TO -EAT FOOD
SHOPS AS A RETAIL USE, AND TO AMEND CHAPTER 25.70.030 TO CLARIFY THE PARKING
REQUIREMENTS FOR SINGLE FAMILY DWELLINGS
The CITY COUNCIL OF THE CITY OF BURLINGAME does hereby ordain as follows:
Section 1. The current food establishment regulations for Subarea A of the Burlingame Avenue
Commercial District state that when the number of total food establishments in this area drops below 40
for a period of more than twelve consecutive months, it shall be reported to the Planning Commission and
Council. At the Joint Meeting of the City Council and Planning Commission held on March 21, 2009, it
was reported that the current number of food establishments in this area has dropped to 38. The City
Council and Planning Commission directed that an ordinance amendment be drafted to allow an increase
in the number of food establishments to enhance the economic vitality of the Burlingame Avenue
Commercial Area. The City Council and Planning Commission also directed that staff look into allowing
certain small snack -type establishments, such as yogurt shops and bakeries, to be considered as a retail
use rather than a food establishment.
Section 2. During a recent code clean up of various sections of the municipal code, the parking
requirements for single family dwellings were inadvertently revised to require two covered parking spaces
for any new single family home regardless of the number of bedrooms. In 1998, when the code was
amended to establish design review and revise the R-1 standards to implement the design review
process, the code was amended to require one covered parking space for an existing or new home with
up to four (4) bedrooms. Two covered parking spaces are required for new homes or additions to existing
homes with five (5) or more bedrooms. It is the purpose of this ordinance to revert to the requirement that
has been in place since 1998.
Section 3. Section 25.08.590-'I is added to read as follows:
25.08.590 Ready -to -eat Food Shop
"Ready -to -eat Food Shop" means an establishment which sells food that is ready to eat at the
time of sale to be consumed either on the premises or off the premises, with no more than 150 squarE
feet of seating area and a gross floor area of no more than 1000 square feet. Full service kitchens arE
not allowed in "Ready -to -eat Food Shops". A Ready -to -eat Food Shop shall be considered a genera
retail use. "Ready4o-eat Food Shops" shall include shops that sell food such as bakery items, ice cream
yogurt, beverages, and similar items.
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Section 4. Section 25.36.043 is amended to read as follows:
25.36.042 Food establishments in the Burlingame Avenue Commercial Area.
(a) Applicability. The provisions of this section shall only apply to food establishments in the
Burlingame Avenue Commercial Area, subarea A.
(b) In subarea A of the Burlingame Avenue Commercial Area, the number of food
establishments shall be limited as follows:
(9) to those existing and in business on November 1, 19981 and at the locations as shown on
the Burlingame Avenue Commercial Area subarea A Food Establishments by Type Tables approved by
the city council on October 18, 1999. A food establishment is a business as defined in Section 25.08.268
and shall be deemed in business if it was legally open for business as a food establishment to the public
on November 1, 1998; and
(2) Up to five (5) more food establishments in Subarea A of the Burlingame Avenue
Commercial District, limited to tenant spaces with frontages on the following streets: Burlingame Avenue
between Primrose Road and EI Camino Real; on Primrose Road, Park Road and Lorton Avenue between
Burlingame and Howard Avenues; and on the west side of Primrose Road between Burlingame and
Chapin Avenues, so long as any such food establishment is limited to only a full service food
establishment upon approval of a conditional use permit.
(c) Seating Area. The seating area of the food establishments described in subsection (b) of
this section as shown on the Burlingame Avenue Commercial Area subarea A Food Establishments by
Type Tables approved by the city council on October 18, 1999, above may be enlarged only by
amendment to the applicable conditional use permit for the establishment.
(d) Changes in Classification and Replacement.
f 1) A food establishment use classified as a fell service restaurant by the Burlingame Ave
Commercial Area subarea A Food Establishments by Type Tables approved by the city council on
Goober 18, 1999, may change its food establishment
classification only to a limited food service or bar
upon approval of an amendment to the conditional use permit to the establishment.
(2) A food establishment use classified as a limited food service by the Burlingame Avenue
Commercial Area Subarea A Food Establishments by Type Tables approved by the city council on
October 181
1999, may change its food establishment classcation only to a full service restaurant or bar
with approval of an amendment to the cononal use permit for the establishment.
(3) A food establishment use classified as a bar by the Burlingame Avenue Commercial Area
subarea A Food Establishments by Type Tables approved by the city council on October 183
1999, may
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change its food establishment classification only to a full service restaurant or a limited food service with
approval of an amendment to the conditional use permit for the establishment.
(4) A food establishment use classified as a specialty shop by the Burlingame Avenue
Commercial Area subarea A Food Establishments by Type Table approved by the city council on October
18, 1999, shall be allowed to change to a different type of food establishment. A specialty shop may be
replaced by another specialty shop at the same location within the same or less square footage. If a
specialty shop is changed to any other classification the site shall not return to specialty shop use.
(5) A food establishment may be replaced by another food establishment of the same
classcation so long as the replacement business is of the same classification as that shown for the site
on the Burlingame Avenue Commercial Area Subarea A Food Establishments by Type Tables approved
by the city council on October 18, 1999, subject to the conditions of the existing conditional use permit,
and it complies with the same conditions as in the existing conditional use permit.
(e) Change in Location.
(1) No food establishment shall occupy a location not shown on the Burlingame Avenue
Commercial Area Subarea A Food Establishments by Type Tables as approved by the city council on
October 18, 1999.
(2) Specialty shops shall not relocate to any other location on the Burlingame Avenue
Commercial Area Subarea A Food Establishment by Type Tables list as approved by the city council on
October 18, 1999.
(f) Review of Number of Food Establishments. When the total number of food establishments in
the Burlingame Avenue Commercial Area drops below forty (40) for a period of more than twelve (12)
consecutive months, the director of community development shall report this to the planning commission
and city council.
(g) Expansion. An existing food establishment, including specialty shops, may be expanded
at its existing location so long as the expansion does not increase the size of the seating area.
(h) Loss of Use. A food establishment shall be deemed out of business when the premises
occupied by another business which is not a food establishment.
(i) Performance Standards. All food establishments shall comply with the following:
(1) Provide trash receptacles) at locations) and of a design selected by the city;
(2) Provide litter control along all frontages of the business and within fifty (50) feet of all
frontages of the business;
(3) Apply for a conditional use permit for delivery of prepared food from the premise; and
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(4)
prohibited.
Food sales from a window or any opening within ten (10) feet of property line shall be
Section 3. Section 25. 70.030 is amended to read as follows:
25.70.030 Requirements for single-family dwellings.
The following are parking requirements for single family dwellings.
(a) Parking Space Requirements. There shall be at least one permanently maintained
garage or covered carport available to park a car for each single-family dwelling with the following further
requirements:
(1) An existing single-family dwellings increased in size to three (3) or four (4) bedrooms and a new
single-family dwelling with up to four (4) bedrooms shall provide off- street parking spaces to current code
dimensions for at least two (2) vehicles, one of which must be covered by a garage or carport;
(2) Asingle-family dwelling hereafter increased in size to five (5) or more bedrooms and a
new single-family dwelling with five (5) or more bedrooms -shall provide off-street parking to current code
dimensions for at least three (3) vehicles, two (2) of which must be covered by a garage or carport;
(3) For the purposes of subsections (a)(1) and (2) of this section, an existing garage not less
than eighteen (18) feet wide and twenty (20) feet deep interior dimension shall be considered to provide
two (2) covered off-street parking places.
(b) Parking Aisles and Driveways.
Covered parking spaces shall have a twenty-four (24) foot back up area or be designed to be
entered or exited in no more than three (3) maneuvers. All spaces must allow entry in three (3)
maneuvers in the forward direction.
(c) Parking limitations:
(1) A vehicle shall not he parked between a structure and the front or side property line
except in a garage, driveway or other approved parking;
(2) inoperative vehicles, vehicle parts, boats and campers (as defined by Section 243 of the
Vehicle Code) shall not be stored or parked in driveways or between a structure and front or side pro
line;
(3) Required covered parking shall not be provided in tandem configuration;
(4) For an addition to an existing single-family dwelling, required uncovered spaces may be
provided in tandem configuration and may extend:
(A) In areas with sidewalks, to the inner edge of the sidewalk;
I (B) In areas without sidewalks to five (5) feet from the inner edge of the curb;
2 (C) in areas without either sidewalks or curbs, to five (5) feet from the edge of pavement.
3 Section 5. This ordinance shall be published as required by law.
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Mayor
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I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that t e
8 forreAg )ing ordinance was introduced at a regular meeting of the City Council held on the 4thtiday of
2009 and adopted thereafter at a regular meeting of the City Council held on the 18th day
9 of MAY 2009, by the following vote:
AYES: COUNCILMEMBERS: Baylock, Deal, Keighran, Nagel, O'Mahony
10 NOES: COUNCILMEMBERS: None
11 ABSENT: COUNCILMEMBERS: None
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13 City Clerk
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S:IZoning RevisionslFood Establishments.Snack ShopslFood Est Burlingame Ave.Ordinance.rev.5.04.09.doc
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