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HomeMy WebLinkAboutOrd 17581 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25' 26 27 28 ORDINANCE No. 1758 ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 25.36 TO ALLOW UP TO FIVE ADDITIONAL FOOD ESTABLISHMENTS IN THE BROADWAY COMMERCIAL AREA The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows: Section 1. Merchants and property owners in the Broadway Commercial Area have requested the Ciry to allow an increase in the number of food establishments in the Broadway Commercial Area in order to enhance the area as an attraction to the community. Section 2. Section 25.36.042 is amended to read as follows: 25.36.042 Food establishments in the Burlingame Avenue commercial area. (a) AppZicability. 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 to those existing and in business on November 1, 1998, 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. (c) Seating Area. The seating area of the food establi shments described in subsection (b) above 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 appli cable conditional use permit for the establishment. (d) Changes in classification and replacement. (1) A food establishment use classified as a full service restaurant by the Burlingame Avenue Commercial Area Subarea A Food Establi shments by Type Tables approved by the City Council on October 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. 1 1 2 3 4 5 6 7. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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 18, 1999, may change its food establishment classification only to a full service restaurant or bar with approval of an amendment to the conditional 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 18, 1999, may 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 classification 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 bythe 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. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (iJ Review ofnumber offoodestablishment. 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 city planner shall report this to the planning commission and city council. (g) Expansion. An existing food establishment, including specialty shops, maybe 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 is occupied by another business which is not a food establishment. (i) Performance standards. Ail 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 (4) Food sales from a window or any opening within ten (10) feet of property line shall be prohibited. Section 3. Anew Section 25.36.043 is added to read as follows: 25.36.043 Food establishments in the Broadway commercial area. (a) Applicability. The provisions of this section shall only apply to food establishments in the Broadway Commercial Area. (b) In the Broadway Commercial Area, the number offood establishments shallbe limited as follows: (1) To those existing and in business on November 1, 1998, and at the locations as shown on the Broadway Commercial Area Food Establi and shall be deemed in business if it was legally open for business as a food establishment to the public on November 1, 1998; an d (2) Up to five (5) more food establishments at any location in the Broadway commercial 3 shments 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; an d (2) Up to five (5) more food establishments at any location in the Broadway commercial 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 area, so long as any such food establishment is limited to only a full service food establishment, limited food service food establishment, or a specialty shop food establishment on approval of a conditional use permit. (c) Seating Area. The seating area of the food establishments described in subsections (b) (1) and (2) above may be enlarged only by amendment to the applicable conditional use permit for the establishment. (d) Changes in classification and replacement. (1) A food establishment use classified as a full service food establishment under subsection (a)(1) or (2) above may change its food establishment classificafion only to a limited food service upon approval of an amendment to the conditional use permit to the establishment. (2) A food establishment use classified as a limited food service food establishment under subsecfion (a)(1) or (2) above may change its food establishment classification only to a full service restaurant with approval of an amendment to the conditional use permit for the establishment. (3) A food establishment use classified as a bar under subsection (a)(1) or (2) above may change its food establishment classification only to a full service restauran t 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 under subsecti on (a)(1) or (2) above shall be allowed to change to a different type of food establishment, except a bar. 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 an other food establishment of the same classification so long as the replacement business is of the same classifi cation as that shown for the site pursuant to subsection (a)(1) or (2) above, 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 onthe Broadway Commercial Area Food Establishments by Type Tables as approved by the City Council on October 18, 1999, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or a conditional use permit approved pursuant to subsection (a)(2) above. (2) Specialty shops shall not relocate to any other location on the Broadway Commercial Area Food Establishment by Type Tables list as approved by the City Council on October 18, 1999. (f) 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. (g) Loss of use. A food establishment shall be deemed out of business when the premises is occupied by another business which is not a food establishment. (h) 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 (4) Food sales from a window or any opening within ten (10) feet of property line shall be prohibited. Section 4. This ordinance shall be published as required by law. ,Mayor I, DORIS MORTENSEN, 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 20' day of June, 2005, and adopted thereafter at a regular meeting of the City Council held on the 5r' day of July, 2005, by the following vote: AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, NAGEL NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS:O'MAHONY - C&t Clerlc S:AOrdinances\ord1758.ord. doe 5