HomeMy WebLinkAboutOrd 16191
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. 1619
ORDINANCE OF THE CITY OF BURLINGAME
AMENDING TITLE 25 REGARDING FOOD ESTABLISHMENTS IN THE
BROADWAY AND BURLINGAME AVENUE COMMERCIAL AREAS
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. The growth in the number and diversity offood establishments in the Broadway
and Burlingame Avenue Commercial Areas has threatened the retail space available in the two areas
and endangered the attractiveness of the areas to pedestrians. The current mix of various types of
operation of food establishments is healthy and should be sustained. This ordinance will enhance
that diversity, regulate the location of food establishments within the two areas, limit specialty food
shops in the two areas, and encourage reduction in the number of specialty food shops in the two
central areas.
Section 2. Section 25.08.268 is amended to read as follows:
25.08.268 Food establishment.
"Food establishment" means a business which sells any kind offood or drink at retail and
which contains any interior or on-site customer seating (seating in the public right -of --way is not
on-site); mini -marts or similar kiosk type sales areas at service stations or other similar free stan
ding
retail businesses and incidental food sales are not food establi
shments.
Section 3. Section 25.08.268-2 is amended to read as follows:
25.08.268-2 Food establishment -Bar.
"Bar" means a business in which the primary business is serving alcoholic drinks at retail for
consumption on the premises, has a liquor license, and does not serv
e minors. Operating criteria
to define a bar include some or all
of the following: a commercial glass washer or dish washer, a
limited food menu and no service to the public between 2 a.m. and 6 a.m.
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 4. New sections 25.08.268-3, 25.08.2684, 25.08.268-5, and 25.08.268-6 are
added as follows:
25.08.268-3 Food Establishment- Full Service.
"Full service restaurant" or "full seryice food establishment" means" business which sells
food prepared indoors on the premise with a full menu and provides an indoor seating area of
at least two hundred fifty (250) square feet. Such businesses may provide for the sale of
alcoholic beverages as an accessory and secondary use. Operating criteria to define a full service
food establishment include most or all of the following: served by waiters to seated customers
and where payment is made at the end of the meal; presence of a full commercial kitchen and
commercial dishwasher; and food is served on ceramic plates with metal flatware and cloth
napkins.
25.08.268-4 Food Establishment -Limited Food Service.
"Limited food service" means a business which sells food which is ready to eat such as
sandwiches, frozen deserts or beverages served in edible, plastic or disposable containers.
Operating criteria to define a limited food service include some or all of the following: no
commercial kitchen; no commercial dish washer; take out food service only; and an indoor
seating area of less than two hundred- fifty (250) square feet.
25.08.268-5 Food Establishment -Specialty Shop.
"Specialty shop" means a business which sells food and has a posted menu. Operating
criteria to define a specialty shop generally include two or more of all of the following: food
is ordered and/or served at a counter and paid for before consumption; provides take-out counter
space and space for customer queue; items are ordered from posted menus and prepared for
immediate consumption; food is served in edible or disposable containers with disposable
flatware; the facilities provided for consumption of food on the premise are insufficient for the
volume of food sold in the place; and more than two hundred -fifty (250) square feet of seating.
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14,
15
16
17
18
19
20
21
22
23
A
25
26
27
28
25.08.268-6 Food Sales, Incidental.
"Incidental food sales" means a business in which the sale of foods prepared on the site
is a minor portion of the non-food sales retail business on the site or is an infrequent occurrence
as a part of some other on-site business activity, such as a special sale or seasonal promotion,
and there is no interior or on-site seating for customers to use for food or drink consumption.
Seating on the public right-of-way is not on-site. Snack shops (such as candy stores, nut and
popcorn speciality shops), grocery stores, and produce markets are businesses included in this
definition.
Section 5. Anew section 25.08.324 is added to read as follows:
25.08.324 Grocery Store.
"Grocery store" means a business which sells staple food stuffs (as coffee, sugar, flour)
and usually meats and other foods (such as fruits, vegetables, dairy products) and household
supplies (such as soap, matches, paper napkins); a minor portion of the food sold may be
processed on site (such as in deli or bakery services). A grocery store shall have no interior
or on-site customer seating to be used for food or drink consumption. A grocery store is not
a food establishment. Food stores specializing in a single type of these items (such as candy
stores, produce only shops, coffee and tea shops) are not classified as grocery stores.
Section 6. Subsection 25.36.040(a)(1)(A) is amended to read as follows:
(A) Retail uses which achieve contiguous, pedestrian -oriented, retail fr
ontage such as drug,
liquor, variety stores, paint and hardware, apparel, accessory,. stationery
, florists, household
furnishings, and furniture.
Section 7. Subsection 25.36.040(b)(1)(I) is added to read as follows:
(I) Food establishments.
Section 8. Section 25.36.030 is amended to read as follows:
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
25.36.030 Conditional uses requiring a conditional use permit.
The following are conditional uses requiring a conditional use permit:
1. All permitted uses and all uses allowed with a conditional use per in the R-1, R-2, R-3,
and R-4 districts, and subject to the same regulations and restrictions applying to those uses in their
respective districts, and subject to the building restrictions prescribed in sections 25.36.060 and
25.04.080;
2. Public garages;
3. Gasoline service stations, subject to regulations prescribed in chapter 25.74;
4. Transportation terminal, depot, station ticket offices and any building or structure used
for the accommodation of passengers;
5. Parking lots, subject to the regulations prescribed herein;
6. Mortuaries;
7. Financial institutions;
8. Dry cleaning processing plants;
9. Other uses similar in character to those enumerated in this section which will not be
obnoxious or detrimental to the neighborhood in which they are located;
10. Any structure that is more than thirt
y-five feet in height;
11. C-2 uses in the block described in section 25.36.035;
12. Certain grocery, drug and department stores as described in section 25.36.036;
13. Drive-in services or take-out services associated with permitted uses;
14. Real estate;
15. In association with a church or other religious or nonprofit institution, provision of
temporary shelter for homeless
individuals or families, provided that the
facility is located
within a
transportation corridor and the
use does not occur continuously at any one location for more than
six months of any twelve month period.
16. Tanning facilities;
17. Classes.
18. Food establishments in the Broadway Commercial Area.
J
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
19. Other uses similar in character to those enumerated in this section or section 25.36.020
which will not be obnoxious or detrimental to the neighborhood in which they are located.
Section 9. A new Subsection 25.36.040(b)(2)(G) is added as follows:
(G) Food establishments.
Section 10. Subsection 25.36.040(f) is amended to read as follows:
f. Food Establishments in the Burlingame Avenue commercial area, Subarea A and
Broadway commercial area. The provisions of this subsection shall only apply to food
establishments in the Burlingame Avenue commercial area, Subarea A, and the Broadway
commercial area.
(1) In Subarea A of the Burlingame Avenue commercial area, the number of food
establishments shalt 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.
(2) In the Broadway commercial area, the number of food establishments shall be limited
to those existing and in business on November 1, 1998, an
d at the locations as shown on the
Broadway Commercial Area 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.
(3) The seating area of the food establishments described in subsections (1) and (2) above
as shown on the Burlingame Avenue Commercial Area Subarea A and Broadway Commercial Area
Food Establishments by Type Tables approved by the City Council on October 18, 1999, above
maybe enlarged only by amendment to the applicable conditional use permit for the establishment.
(4) A food establi
shment use classed as a full service restaurant by the Burlingame Avenue
G
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
Commercial Area Subarea A and Broadway Commercial Area Food Establishments 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.
(5) A food establishment use classified as a limited food service by the Burlingame Avenue
Commercial Area Subarea A and Broadway Commercial Area 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.
(6) A food establishment use classified as a bar by the Burlingame Avenue Commercial Area
Subarea A and Broadway Commercial Area 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.
(7) A food establishment use classified as a specialty shop by the Burlingame Avenue
Commercial Area Subarea A and Broadway Commercial 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.
(8) A food establishment may be replaced by another food establi
shment 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 and Broadway Commercial Area 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.
(9) No food establishment shall occupy a location not shown on the Burlingame Avenue
Commercial Area Subarea A and Broadway Commercial Area Food Establishments by Type Tables
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
as approved by the City Council on October 18, 1999.
(A) Specialty shops shall not relocate to any other location on the Burlingame Avenue
Commercial Area Subarea A and Broadway Commercial Area Food Establishment by Type Tables
liA as approved by the City Council on October 18, 1999.
(B) 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.
(C) When the total number of food establishments in the Broadway Commercial Area drops
below twenty-three (23) for a period ofmore than twelve consecutive months, the City Planner shall
report this to the Planning Commission and City Council.
(10)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.
(11) A food establishment shall be deemed out of business when the premises is occupied
by another business which is not a food establishment.
(12) All food establishments shall comply with the following:
(A) provide trash receptacle(s) at location(s) and of a design selected by the city;
(B) provide litter control along all frontages of the business and within fifty (50) feet of all
frontages of the business;
(C) apply for a conditional use permit for delivery of prepared food from the premise; and
(D) food sales from a window or any opening within ten (10) feet of property line shall
be
prohibited.
Section 11. This ordinance shall be published as required bylaw.
T, 7CTDITH A. MALFATTI, 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
7
1
2
3
4
5
6
7
8
9
10
11
12',
13
14,
16'
17
18
19
20
21
22
23
24'.
25'
26',',
27''.
28'
4th day of October , 1999, and adopted thereafter at a regular meeting of the City Council held on
the 18th day of October 1999, by the following vote:
AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCII,MEMBERS: NONE / / "l 14
C:\W P51\FILES\ORDINANC\toodestab.pin.wpd
El