HomeMy WebLinkAboutOrd 15555
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JEROME F. COLEMAN
HORN er
CIT'COF BU RLINGAME
6PRIMROSE ROAD
BURLINGAME. CALIF 94010
ORDINANCE NO. 1555
ORDINANCE PROHIBITING MOVING FOOD ESTABLISHMENTS AND
SUSPENDING ISSUANCE OF TAKE-OUT PERMITS
IN BURLINGAME AVENUE COMMERCIAL AREA, SUBAREA A.
The CITY COUNCIL of the CITY OF BURLINGAME does
hereby ORDAIN as follows:
Section 1. A food establishment or the entitlement to
operate a food establishment in the Burlingame Avenue Commercial
Area, Subarea A. shall not be moved to a location not currently
being used for such purposes. If such a food establishment
shall cease operation during the moratorium declared by this
ordinance, a new food establishment may commence at the same
address, subject to the provisions of Section 25.36.038. If the
food establishment is replaced by a business not within that
definition, the existing entitlement for a food establishment
shall be suspended until the expiration of this ordinance or
until the effective date of any new ordinance concerning food
establishments.
Section 2. No application for a permit for drive-in
services or take-out services or for the amendment of the
conditions of existing permits shall be accepted after the date
of this ordinance for any business in Subarea A of the
Burlingame Avenue Commercial Area.
Section 3. It is hereby declared that there is a
current and immediate threat to the public health, safety and
welfare and this ordinance is therefore an urgency measure as
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JEROME F. COLEMAN
aYY ArroRNEY
CITY OF BURLINGAME
6PRIMROSE ROAD
BURLINGAME, GLIF 94010
provided by law, and will take effect upon its adoption. The
facts constituting such urgency are as follows:
The numerous businesses with take-out permits in said
area are impacting public health and safety, particularly in the
pubic right-of-way, by creating increased trash and litter,
unclean sidewalks, hazards to pedestrians and loitering. The
implementation of the city's General Plan is compromised by the
proliferation of these uses and by the relocation of food
establishments, conflicting with the city's policy "to maintain
contiguous retail space which encouraged pedestrian activity".
The clustering of food establishments and take-out services
within said area has created the need for increased police
supervision and other public services due to increased
pedestrian and vehicle traffic, sanitation violations and
parking impacts.
In order to limit any further expansion of such uses
and the exacerbation of such effects while appropriate
modifications to the city ordinances are considered, it is
necessary that this ordinance be enacted as an urgency measure.
Section 4. Duration. This ordinance is intended to
be an interim ordinance. Unless this ordinance is extended as
provided by Government Code Section 65858 or superseded by any
other ordinances it shall automatically cease to have force and
effect forty-five days from its date of adoption, to wit,
November 21, 1996.
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JERO ME F. COLEMAN
Carr ArroRNEr
GIN OF BU RLIN GAME
601 RRIMR09E ROAD
BURLINGAME, GUF 94010
Section 5. This ordinance shall be published as
required by law.
MAYOR
I, JUDITH A. MALFATTI, City Clerk of the City of
Burlingame, do hereby certify that the foregoing URGENCY
ORDINANCE was introduced and adopted at a regular meeting of the
City Council held on the 7th day of OCTOBER 1996, by
the following vote:
AYES: COUNCILMEMBERS: HARRISON, JANNEY, KNIGHT, OIMAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE