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HomeMy WebLinkAboutOrd 17431 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. 1743 URGENCY ORDINANCE OF THE CITY OF BURLINGAME PURSUANT TO GOVERNMENT CODE SECTION 36937 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 BUI2LINGAME does hereby ordain as follows: Section 1. a. 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. Consistent with City practice, it is the intention of this ordinance that any such uses operating during these late night and early morning hours at the time of adoption will be identified and issued a no -cost conditional use permit establishing the scope of their hour operation as of the adoption of this ordinance. b. Pursuant to Government Code § 36937(b), this ordinance shall take eff ect immediately because it is import ant to the preservation of public health, peace, and safety. By taking effect immediately, this ordinance will prevent operators from opening businesses thatwould violate this ordinance during the introduction and effectiveness period and insist that compliance was not required because of preexisting conditions. Therefore, to avoid litigation regarding preexisting conditions and to most effectively implement these requirements, this ordinance should take effect immediately. URGENCY ORDINANCE 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 Section 2. A new 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 bythe 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 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 9 p.m. unless the terms of its condifional use permit as approved by the planning URGENCY ORDINANCE 2 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�� commission pursuant to chapter 25.52 expressly allow the use outside those hours. Section 5. A new 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. and 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 similar establishment 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 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 pursuan t 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 by law. This ordinance shall be effective until January 31, 2005, and shall automatically expire on such date unless earlier replaced or extended by another ordinance adopted by the City Council. URGENCY ORDINANCE 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16I 17 18 19 20 21 22 23 24 25 26 27 28 I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing ordinance was introduced and adopted at a regular meeting of the City Council held on the 20" day of September, 2004, by at least a four-fifths vote as follows: AYES: COUNCILMEMBERS: BAYLOCK, COFFEY, GALLIGAN, NAGEL, O'MAHONY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Q\FILESVORDINANCAhourscondlpemiitucgency.pin.wpd URGENCY ORDINANCE ity Clerk 4