HomeMy WebLinkAboutOrd 17431
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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
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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
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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
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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
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