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HomeMy WebLinkAboutReso - CC - 089-1997RESOLUTION NO. 89-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME REVERSING A DECISION OF THE PLANNING COMMISSION TO GRANT A TAKE- OUT PERMIT FOR A JUICE BAR BUSINESS AT 1112 BURLINGAME AVENUE, BURLINGAME, CALIFORNIA, AND DENYING THE APPLICATION ZONE C-1, SUBAREA A (BURLINGAME AVENUE COMMERCIAL AREA) PROPERTY OWNERS AND APPLICANTS: LORENZO AND LOUISA KAO APN 029-153-150 RESOLVED by the CITY COUNCIL of the CITY of BURLINGAME that: WHEREAS, this matter came before the City Council on November 3, 1997, after the City Council requested review of the matter at the Council level following approval by the Planning Commission of the application with conditions, and was regularly noticed in accordance with State and City law; and WHEREAS, the Council received and considered all written documentation and oral testimony submitted from all interested persons; and WHEREAS, the Council is personally familiar with the area of the proposed location and the problems associated with the area; and WHEREAS, the Planning Commission approved the application on a close split vote; and WHEREAS, the proposed location is on a block that is saturated with food and take-out businesses, and this business would eliminate another retail storefront, and WHEREAS, the health ofBurlingame Avenue requires a balance of businesses, big and small, and food and non-food; and WHEREAS, this particular block already has significant problems with young people loitering and creating problems, and this business would compound the attractions and problems; and WHEREAS, the City earlier turned down an application for a similar business at this location; and WHEREAS, it appears that approval of the business at this particular location might be detrimental to the public safety and welfare, and NOW, THEREFORE, it is hereby ordered and directed as follows: I. The decision of the Planning Commission is reversed, and the application for a permit for a take-out juice business is denied. This decision is a final administrative decision of the City of Burlingame. Anyone wishing to challenge this decision in a court of competent jurisdiction must do so within 90 days pursuant to Code of Civil Procedure Section 1094.6 unless a shorter time is provided by State or Federal law. Mayor I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 17thday of NOVEMBER, 1997, and adopted thereafter by the following vote: AYES: COUNCILMEMBER: KNIGHT, O'MAHONY, SPINELLI NOES: COUNCILMEMEER: HARRISON, JANNEY ABSENT: COUNCILMEMBER: NONE