HomeMy WebLinkAboutOrd 15842
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ORDINANCE No. 1584
ORDINANCE OF THE CITY OF BURLINGAME
AMENDING CHAPTER 25.36 TO LIMIT THE TRANSFER OF
EATING ESTABLISHMENT CONDITIONAL USE PERMITS IN THE
COMMERCIAL AREAS AND TO CLARIFY THE END OF USE FOR SUCH
ESTABLISHMENTS
The CITY COUNCIL of the CITY OF BURLINGAME does hereby ordain as follows:
Section 1. The City has adopted limitations on the number of eating establishments that may
operate in certain areas of the City in order to encourage and sustain retail businesses, maintain a
strong mix of uses, and gate parking limitations. However, these restrictions have led to
transfers of use permits for eating establishments that obstruct and interfere with the City's normal
review process for such permits on an individual site basis, and lead to unreasonable expectations
by the participants in these transfers. This ordinance is intended to prohibit such transfers and define
when an eating establishment has ceased its use of its permit under the Zoning Code.
Section 2. Section 25.36.038 is amended to read as follows:
25.36.038 Food establishments in the Broadway commercial area and Burlingame
Avenue commercial
area, subarea A.
1. In the Broadway commercial area and the Burlingame Avenue commercial area, subarea
A, the number of food establishments shall
be limited to those existing and in business April 16,
1985. A food establishment is a business as defined in Section 25.08.268 and shall be deemed in
business if it was open for business to the public on that date.
2. A business license, building permit or any other per
may be issued for any food
establishment in said area if the premises is an existing food establishment. Food establishments
shall not be relocated from one site to another. In the Burlingame Avenue Commercial Area,
Subarea A, and Broadway Commercial Area, existing food establishments shall be those in business
Lt the same location since April 16, 1985, or those which have a use permit for food establishment
use.
3. A food establishment shall be deemed out of business when the premises is occupied
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by another business which does not sell food.
Section 3. This ordinance shall be p
I, NDITH 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 lst day
of DEC. 1997, and adopted thereafter at a regular meeting of the City Council held on the _
5tbday of JAN. 1998, by the following vote:
AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS O'MAHONY
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