HomeMy WebLinkAboutReso - CC - 096-1996that:
RESOLUTION NO. 95.96
RESOLUTION DENYING CONDITIONAL USE PERMIT
FOR TAKE OUT SERVICE AT 1118 BURLINGAME AVENUE
RESOLVED, by the City Council of the City of Burlingame
WHEREAS, application was made to the Planning Commission
of the City of Burlingame by Vandelay Interests, doing business as
Smoothie King, for a conditional use permit for take-out service at
1118 Burlingame Avenue; and
WHEREAS, said application was heard by the Planning
Commission of the City of Burlingame on Monday, September 23, 1996,
said hearing being noticed as required by law; and
WHEREAS, the permit was denied by the Planning
Commission, a timely appeal filed by the applicants, and a public
hearing upon said appeal scheduled and held by the City Council on
November 18 1996:
NOW, THEREFORE, IT IS ORDERED AND DETERMINED by the City
Council of the City of Burlingame:
1. That the following findings of fact are made regarding
said application:
a. The application of Vandelay Interests, doing business as
Smoothie King, was for a conditional use permit for a take-out
service food business along with a retail sales outlet for vitamins
and prepackaged nutrition products;
b. The said use as described in the staff reports for City
Council and Planning Commission, other documents and the testimony
variance and take-out permit in the same building, the impacts of
which on litter, pedestrian movement, loitering and other effects
of take-out service food on the area have not been seen and could
not be included in this present application, and reinforces the
fact that there are too many of the same type of businesses in this
locale to be consistent with the city's General Plan and policy of
maintaining a mix of retail uses on Burlingame Avenue;
2. The granting of the permit applied for would not be in the
interests of the health and welfare of the persons using said
property, of the City of Burlingame, and would not be in conformity
with reasonable and orderly use of the property or consistent with
the city's planning or policy for the area.
3. The decision of the Planning Commission is hereby
affirmed and said special permit is denied.
QLO'A• 0�
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
2nd day of DECEMBER 1996, and was adopted
thereafter by the following vote:
AYES: COUNCILMEMBERS: JANNEY, KNIGHT, O'MAHONY, SPINELLI
NOES: COUNCILMEMBERS: HARRISON
ABSENT: COUNCILMEMBERS: