HomeMy WebLinkAboutOrd 18491
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ORDINANCE NO. 1849-2010
ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 25.36 OF TITLE 25 OF THE
BURLINGAME MUNICIPAL CODE AMENDING THE REQUIREMENTS TO ALLOW UP TO FIVE
ADDITIONAL FOOD ESTABLISHMENTS IN SUBAREA A OF THE BURLINGAME AVENUE
COMMERCIAL AREA
The CITY COUNCIL OF THE CITY OF BURLINGAME does hereby ordain as follows:
Section 1. Since adoption of Ordinance 1839 one year ago to allow an increase of up to five full
service food establishments in Subarea A of the Burlingame Avenue Commercial Area, there have not
been any new applications submitted for a new full service food establishment. This was noted at the
Joint Meeting of the City Council and Planning Commission held on March 6, 2010, and as a result the
City Council and Planning Commission directed that an ordinance amendment be drafted to add that
portion of Subarea A, south of Burlingame Avenue and facing California Drive, to the area in which
additional food service uses may be allowed. In order to further enhance the economic vitality of the
Burlingame Avenue Commercial Area, the proposed ordinance amendment would expand the type of five
new food establishment classifications to include limited food service food establishment and bar, in
addition to full service food establishment.
Section 2. Section 25.36.042 is amended to read as follows:
25.36.042 Food establishments in the Burlingame Avenue Commercial Area.
(a) Applicability. The provisions of this section shall only apply to food establishments in the
Burlingame Avenue Commercial Area, subarea A.
(b) In subarea A of the Burlingame Avenue Commercial Area, the number of food
establishments 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 Area subarea A Food Establishments by Type Tables approved by
the city council on October 18, 1999. 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 five (5) more food establishments in Subarea A of the Burlingame Avenue
Commercial District, so long as any such food establishment is limited to only a food establishment use
classified as a full service, limited food service or bar upon approval of a conditional use permit.
(c) Seating P.rea. The seating area of the food establishments described in subsection (b) of
this section as shown on the Burlingame Avenue Commercial Area subarea A Food Establishments by
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Type Tables approved by the city council on October 18, 1999, above may be enlarged only by
amendment to the applicable conditional use permit for the establishment.
(d) Changes in Classcation and Replacement.
(1) A food establishment use classified as a full service restaurant by the Burlingame Avenu
Commercial Area subarea A Food Establishments by Type Tables approved by the city council on
October 18, 1999, 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 Area Subarea A Food Establishments by Type Tables approved by the city council on
October 18, 1999, 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 Area
subarea A Food Establishments by Type Tables approved by the city council on October 18, 1999, 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 Area subarea A Food Establishments by Type Table approved by the city council on October
18, 1999, 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 establishment of the same
classification so long as the replacement business is of the same classification as that shown for the site
on the Burlingame Avenue Commercial Area Subarea A Food Establishments by Type Tables approved
by the city council on October 18, 1999, 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 Area Subarea A Food Establishments by Type Tables as approved by the city council on
October 18, 1999.
(2) Specialty shops shall not relocate to any other location on the Burlingame Avenue
Commercial Area Subarea A Food Establishment by Type Tables list as approved by the city council on
October 18, 1999.
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(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 k 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 premises iso
occupied by another business which is not a food establishment.
(i) Performance Standards. All food establishments shall comply with the following:
(1) Provide trash receptacles) 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 required by law.
Mayor
I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify that the
foregoing ordinance was introduced at a regular meeting of the City Council held on the ?th �iay of
June , 2010 and adopted thereafter at a regular meeting of the City Council held on the 1ct� day
of June , 20101 by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, BROWNRIGG, DEAL,KEIGHRAN, NA(
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE A
ity Clerk