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ORDINANCE NO. 1878-2012
ORDINANCE OF THE CITY OF BURLINGAME AMENDING CIIAP1ER 25.32 OF TITLE 25
OF THE BURLINGAME MUNICIPAL CODE AMENDING THE REGULATIONS TO ALLOW
UP TO THREE (3) ADDITIONAL FOOD ESTABLISHMENT USES WITHIN PORTIONS OF
THE BURLINGAME AVENUE COMMERCIAL (BAC) ZONING DISTRICT WITHIN
DOWNTOWN BURLINGAME
The CITY COUNCIL OF THE CITY OF BURLINGAME does hereby ordain as follows:
Section 1. In an effort to encourage more active uses within the western portion of the
Burlingame Avenue corridor within Downtown Burlingame, and in response to the request for
consideration of allowing additional food establishment uses within that portion of the Downtown area;
its meeting of May 7, 2012 the Burlingame City Council provided direction to staff to craft an
amendment to the Zoning Ordinance that will increase the number of potential food establishments witl
the Burlingame Avenue Commercial (BAC) zone by a total of three (3); limited only to "full-service"
establishments.
Section 2. Further, of the three (3) additional food establishments, two (2) should be limited to
properties with addresses within the 1400 block o£
Burlingame Avenue (between Primrose Road and EI
Camino Real), and one (1) to be made available to properties within the BAC zone that lie along Primrc
Road, north of Burlingame Avenue.
Section 3. 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 the BAC, Burlingame Avenue Commercial District, the number of food
shall be limited as follows:
(1) To those existing and in business on November 1, 1998, and at the locations as shown on
the Burlingame Avenue Commercial District Rood Establishments by Type Tables approved by the city
council on Septeff ber ' 9 N I I November 21, 2011. 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
(2) Up to three 3) additional food establishments in the BAC -two (2) of these food
establishments
shall
be
limited
to tenant
spaces with
fronta¢es on the
1400
block
of
Burlingame
Avenue
and one (1 tenant space
within the BAC
with frontage
on Primrose Road,
north of Burlineame
Avenue
to
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These additional food establishments shall be limited to only those uses classified as "full service" food
establishments, upon approval of a conditional use permit
(c) Seating Area. The seating area of the food establishments described in subsection (b) of
this section as shown on the Burlingame Avenue Commercial District Food Establishments by Type
Tables approved by the city council on September 9, 2011 November 21, 2011, above maybe enlarged
only by amendment to the applicable conditional use permit for the establishment.
(d)
Changes in Classification
and Replacement.
(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 change its food establishment
classification only to a full service restaurant or bar with approval of an amendment to the conditional use
permit for the establishment.
(3) A food establishment use classified 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 classified as a specialty shop by the Burlingame Avenue
Commercial District Food Establishments by Type Table shall be allowed to change to a different type of
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.
(5) A food establishment may be replaced by another food establi
shment of the same
classification so long as the replacement business is of the same classifi
cation as that shown for the site
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.
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(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 September
19, 201-1- 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
Septembee1n, 2011 November 21, 2011.
(f) Review of Number of Food Establishments. When the total number of food
establishments in the Burlingame Avenue Commercial Area drops below forty (40) for a period of more
than twelve (12) consecutive months, the director of community development shall report this to the
planning commission and city council.
(g) 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.
(h) 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.
(i) Performance Standards. All food establishments shall comply with the following:
(1) Provide trash receptacle(s) at locations) 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 3.
This ordinance shall be published as r-
2012
2012 and adopted thereafter at a regular meeting of the City Council held on the 18th day of June, 2012,
by the following vote:
COUNCILMEMBERS: gAYLOCK, BROWNRIGG, DEAL, KEIGHRAN,
COUNCII,MEMBERS: NONE
COUNCILMEMBERS: NONE A 1
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AYES:
29
NOES:
30
ABSENT:
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32
COUNCILMEMBERS: gAYLOCK, BROWNRIGG, DEAL, KEIGHRAN,
COUNCII,MEMBERS: NONE
COUNCILMEMBERS: NONE A 1
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