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RESOLUTION NO. 9 5-96
RESOLUTION DENYING CONDITIONAL USE PERMIT
FOR TAKE OUT SERVICE AT 1118 BURLINGAME AVENUE
RESOLVED, by the City Council of the City of Burlingame
that:
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 Monda�, 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
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at the public hearing, is not appropriate or compatible with the
uses of the properties in the vicinity of the premises for the
following reasons:
(1) That the projected percentage of the take-out
service food portion of the proposed gross sales from the business
(40�-45%) indicate that the take-out portion of the use is not
incidental to the retail sales whereas other recent approvals of
take-out service food permits in the area have been for businesses
for which the take-out service items were an incidental part of the
whole business;
( 2) That the inclusion of a stand-up bar for the purpose
of keeping customers on the site while they consume their drinks
indicates that this business will function more like a food
establishment keeping people in the area longer and being a
destination rather than a take-out service; this is further
substantiated by the large food preparation area (almost half of
the tenant space) which represents a large investment and will be
hard to change to some other non-food related retail use in the
future;
(3) That the distribution of free cups to students
denotes that this business will be an attraction to them and may
compound the existing loitering with its attendant problems and
congestion of pedestrian traffic already in the immediate area;
(4) That in addition to the approximately eight food
establishments and take-out service food businesses in the
immediate area, a use permit was granted for a substantial
expansion to an existing food establishment along with a parking
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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.
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, 0'MAHONY, SPINELLI
NOES: COUNCILMEMBERS: HARRISON
ABSENT: COUNCILMEMBERS: ONE � i����I „ ., � ,