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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: