HomeMy WebLinkAboutOrd 18811a
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ORDINANCE NO. 1881-2012
ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 25.32 OF TITLE 25
OF THE BURLINGAME MUNICIPAL CODE AMENDING THE REGULATIONS TO
ELIMINATE THE QUOTA ON THE NUMBER OF FULL SERVICE FOOD
ESTABLISHMENTS WITHIN THE BURLINGAME AVENUE COMMERCIAL (BAC) ZONING
DISTRICT OF DOWNTOWN BURLINGAME
The CITY COUNCIL OF THE CITY OF BURLINGAME does hereby ordain as follows:
Section 1. fl1 the early 1980s, the Burlingame City Council adopted revisions to the zoning
regulations applicable to the Burlingame Avenue commercial area (formerly Cl zone, Sub -Area A, now
Burlingame Avenue Commercial/BAC zone) that restricted the number of food establishments that could
locate within the area in an effort to assure a balance between such uses and other retail- and service-
oriented uses; and
Section 2. Since the 1980s changes to retail marketing that have occurred in the "internet age"
that create challenges for Downtown property owners when att
empting to re -tenant retail properties in an
era when more and more retail businesses rely upon Internet sales, not "brick and mortar"1 atli
for
marketing of their wares; and
Section 3. Based upon tesfimony provided by Downtown property owners, there continues to be
demand for full service food establishments within the Downtown core; and
Section 4. In an effort
to promote the continued vitality of the BAC zone within Downtown
Burlingame, the City Council has determined that given the change in the retail environment, the
challenges faced by property owners within the Downtown area in re -tenanting vacant retail storefronts,
and the continued demand for full service food establishments; it is now appropriate to eliminate the
quota applicable to full service food establishments within the Burlingame Avenue Commercial (BAC)
zone.
Section 5. Section 25.32.070 is amended to read as follows:
25.32.070 Food establishments in the BAC, Burlingame Avenue Commercial District.
(a) Applicability. The provisions of this section shall only apply to food establishments in
Burlingame Avenue Commercial District.
(b) In theBurlingame Avenue Commercial District, the number of food
shall be limited as follows:
(1) To those existing and in business on November 1, 1998, and/or at the locations as shown
on the Burlingame Avenue Commercial District Food Establishments by Type Tables approved by the
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city council on November 21, 2011 (and as periodically updated by the Community Development
Department — Planning Division staff). A food establishment is a business as defined in Section
25.08.268 and shall be deemed in business if it was legally open for business as a food establishment to
the public on November 1, 1998 and is included on the Burlingame Avenue Commercial District Food
Establishments by Type Tables.
(2) Effective December 5, 2012, full service food establishments shall be allowed within the
BAC zone without limitation upon the number of such establishments subject to approval of a conditional
use permit as required in Section 25.32.030(g). Full service food establishments legally open for business
and/or for which a valid conditional use permit has been approved prior to December 5, 2012 shall retain
the ability to change use classification and/or be replaced in the manner outlined in Section 25.32.070(d).
(c) Seating Area. The seating area of the food establishments described in subsection (b) of
this secfion as shown on the Burlingame Avenue Commercial District Food Establishments by Type
Tables approved by the city council on November 21, 2011, above may be enlarged only by amendment
to the applicable conditional use permit for the establishment.
(d) Changes in Classification and Rep]acement.
(1) A food establishment use classified as a full service restaurant by the Burlingame
Commercial District Food Establishments by Type Tables may change its food establishment
classification only to a limited food service or bar upon approval of an amendment to the conditional use
permit to the establishment.
(2) A food establishment use classified as a limited food service by the Burlingame Avenue
Commercial District Food Establishments by Type Tables may chan
ge its food establishment
classification only to a full service restaurant or bar with approval of an amendment to the conditional
permit for the establishment.
(3) A food establishment use classifi
ed as a bar by the Burlingame Avenue Commercial
District Food Establishments by Type Tables may change its food establishment classification
only to a
full service restaurant or a limited food service with approval of an amendment to the conditional use
permit for the establishment.
(4) A food establishment use classifi
ed as a specialty shop by the Burlingame Avenue
Commercial District Food Establishments by Type Table shall be allowed to change to a different type
food establishment. A specialty shop may be replaced by another specialty shop at the same location
within the same or less square footage. If a specialty shop is changed to any other classification the site
shall not return to specialty shop use.
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(5) A food establishment may be replaced by another food establishment of the same
classification so long as the replacement business is of the same classification as that shown for the site i
the Burlingame Avenue Commercial District Food Establishments by Type Tables subject to the
conditions of the existing conditional use permit, and it complies with the same conditions as in the
existing conditional use permit.
(e) Change in Location.
(1) No food establishment shall occupy a location not shown on the Burlingame Avenue
Commercial District Food Establishments by Type Tables as approved by the city council on November
21, 2011.
(2) Specialty shops shall not relocate to any other location on the Burlingame Avenue
Commercial District Food Establishment by Type Tables list as approved by the city council on
November 21, 2011.
(f) Expansion. An existing food establishment, including specialty shops, may be expanded
at its existing location so long as the expansion does not increase the size of the seating area.
(g) Loss of Use. A food establishment shall be deemed out of business when the premise is
occupied by another business which is not a food establishment.
(h) Performance Standards. All food establishments shall comply with the following:
(1) Provide trash receptacle(s) at location(s) and of a design selected by the city;
(2) Provide litter control along all frontages of the business and within fifty (50) feet of all
frontages of the business;
(3) Apply for a conditional use permit for delivery of prepared food from the premise; and
(4) Food sales from a window or any opening within ten (10) feet of property line shall be
prohibited.
Section 6. This ordinance shall be published as required baw. [ 1
I, MARY ELLEN KEARNEY, City Clerk of the City of Bmlin�me, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the 15th day of
October, 2012 and adopted thereafter at a regular meeting of the City Council held on the 5th day of
November, 2012, by the following vote:
AYES: BAYLOCP., BROWNRIG�
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
, DEAL, KEIGHRAN
NAGEL
ity Clerk