HomeMy WebLinkAboutOrd 17481
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ORDINANCE NO. 1748
ORDINANCE OF THE CITY OF BURLINGAME
AMENDING TITLE 25 TO REQUIRE A CONDITIONAL USE PERMIT FOR
OPERATION OF CERTAIN BUSINESSES
DURING LATE NIGHT AND EARLY MORNING HOURS
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. Certain businesses can be sources of crime during late night and early morning
hours when there is little demand by the general public for the use and when it instead may only
be used in a manner that involves criminal activity. This conditional use permit requirement is
intended to and shall be applicable to all zoning districts in which these types of uses are permitted
by right or allowed as a conditional use, and the limitation on hours provided in this ordinance
should be made a condition of any permit allowing any such uses unless approval is expressly
granted to allow the use outside those hours. The uses limited by this ordinance are health services,
beauty shops, barbershops, tanning facilities, and massage, bathing, or similar establishments.
Section 2. Anew Section 25.36.033 is added to read as follows:
25.36.030 Health services, beauty shops, barbershop, health studio, tanning facilities.
A health service, beauty shop, barbershop, health studio, or tanning facility in any location
in any C-1 district shall be limited to the hours of 7 a.m. to 9 p.m. unless a conditional use permit
is approved by the planning commission pursuant to chapter 25.52 to allow use outside those hours.
This limitation expressly applies to the Burlingame Avenue commercial subareas and Broadway
commercial area if the use is otherwise allowed. The hours limitation imposed by this section does
not apply to an occasional medical emergency at a health service use.
Section 3. Anew Section 25.40.027 is added to read as follows:
25.40.027 Health services, tanning facilities, massage, bathing, or other similar
establishments.
(a) A health service office shall be limited to the hours of 7 a.m. to 9 p.m. unless a
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conditional use permit is approved by the planning commission pursuant to chapter 25.52 to allow
use outside those hours. The hours limitation imposed by this subsection does not apply to an
occasional medical emergency at a health service use.
(b) A tanning facility, or massage, bathing, or similar establishment shall be limited to the
hours of 7 a.m. to 9 p.m. unless the terms of its conditional use permit as approved by the planning
commission pursuant to chapter 25.52 expressly allow the use outside those hours.
Section 4 A new Section 25.41.032 is added to read as follows:
25.41.032 Health service and massage, bathing, tanning, or similar establishments..
(a) A health service office shall be limited to the hours of 7 a.m. to 9 p.m. unless a
conditional use permit is approved by the planning commission pursuant to chapter 25.52 to allow
use outside those hours. The
hours limitation imposed
by this
subsection does not apply to an
occasional medical emergency
at a health service use.
(b) A massage, bathing, tanning, or similar establishment shall be limited to the hours
of 7 a.m. to 9unless the terms of its conditional use permit as approved by the planning
commission pursuant to chapter 25.52 expressly allow the use outside those hours.
Section 5. Anew Section 25.42.025 is added to read as follows:
25.42.025 Conditional uses requiring a conditional use permit.
The following are
conditional uses requiring a conditional use permit in the mixed
commercial -residential district:
(a) Operation of a health service, beauty shop, barbershop, or health studio between the
hours of 9 p.m. an
d 7 a.m. The hours limitation imposed by this subsection does not apply to an
occasional medical emergency at a health service use.
Section 6. Anew Section 25.43.043 is added to read as follows:
25.43.043 Health service, medical clinic, beauty shop, barbershop, or tanning establishments.
A health service, beauty shop, barbershop, or tanning or sar establishment shall be
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limited to the hours of 7 a.m. to 9 p.m. unless a conditional use permit is approved by the planning
commission pursuant to chapter 25.52 to expressly allow the use outside those hours. The hours
limitation imposed by this section does not apply to an occasional medical emergency at a health
sernce use.
Section 7 Anew Section 25.44.042 is added to read as follows:
25.44.042 Health services or medical clinics.
A health service or medical clinic shall be limited to the hours of 7 a.m. to 9 p.m. unless
a conditional use permit is approved by the planning commission pursuant to chapter 25.52 to
expressly allow the use outside those hours. The hours limitation imposed by this section does not
apply to an occasional medical emergency at a health service or medical clinic use.
Section 8. This ordinance shall be published as required bylaw.
ayor
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 September, 2004, and adopted thereafter at a regular meeting of the City Council held on the
6rh day of December, 2004, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, GALLIGAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: COFFEY
ABSENT: COUNCILMEMBERS: NONE
City Clerk
C: FILES\ORDINANC\hourscondlpermit.pin.wpd
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