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HomeMy WebLinkAboutOrd 15555 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 2 3 4 5 6 7 8 9 10 11 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 26 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. 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 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