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HomeMy WebLinkAboutReso - CC - 068-2012RESOLUTION NO. 68-2012 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A CATEGORICAL EXEMPTION AND AMENDENT TO CONDITIONAL USE PERMIT AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY WOULD BE SERVED BY THE CALIFORNIA ALCOHOLIC BEVERAGE CONTROL BOARD'S ISSUANCE OF A TYPE 41 ALCOHOLIC BEVERAGE SALES LICENSE TO ADD SALES OF ALCOHOLIC BEVERAGES AT AN INCIDENTAL FOOD ESTABLISHMENT AT 824 COWAN ROAD, ZONED IB. WHEREAS, a categorical exemption has been proposed and application has been made for an Amendment to Conditional Use Permit and a Finding of Public Convenience and Necessity (PCN) pursuant to Section 23958.4 of the California Business and Professions Code, related to a request for an alcoholic beverage sales permit (Type 41 — On -Sale Beer and Wine — Eating Place) issued through the California Alcoholic Beverage Control Board (ABC), to increase the hours of operation and add sales of alcoholic beverages at an incidental food establishment at 824 Cowan Road, Zoned IB, Marc M. Worrall Tr, property owner, APN: 024- 390-210: and WHEREAS, on September 10, 2012, the Planning Commission moved to recommend to the City Council approval of the Amendment to Conditional Use Permit to increase the hours of operation and add sales of alcoholic beverages at an incidental food establishment; and WHEREAS, the applicant has applied to the California Alcoholic Beverage Control Board ("ABC") for a "Type 41" license to permit the sale of beer and wine for consumption on the premises located at 824 Cowan Road; and WHEREAS, the number of businesses with alcoholic beverage sales licenses in Census Tract 6051 exceed the number of such licensed businesses permitted by the ABC ("overconcentration"); and WHEREAS, pursuant to California Business and Professions Code Section 23958.4, an applicant for a beverage sales license in an area of "overconcentration" of alcoholic beverage sales license can request the local governmental agency to determine that the public convenience and necessity would be served by the issuance of the alcohol beverage sales license and, if the local agency so finds, the ABC will issue the license; and, WHEREAS, the applicant has applied to the City for a determination of public convenience and necessity to obtain a Type 41 alcoholic beverage sales license from the ABC; and, WHEREAS, the Police Department has reviewed this application, investigated the number of alcohol related incidents in this census tract and reviewed the names and locations of businesses with alcoholic beverage sales licenses in this census tract; and WHEREAS, the Police Department, after determining that no facts or circumstances exist which would prevent the City's determination of public convenience and necessity, recommends that the City approve the application for a determination of public convenience and necessity in its report attached to the staff report; WHEREAS, said matters were heard by the City Council of the City of Burlingame on October 1, 2012, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; Resolution No. 68-2012 NOW, THEREFORE, it is RESOLVED and DETERMINED by the City Council of the City of Burlingame as follows: All of the facts recited above and in the staff report and in all of the attachments thereto, are true and correct. 2. On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this council, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, and categorical exemption, per CEQA Article 19, Section 15301 (a) which states that interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveniences are exempt from environmental review, is hereby approved. 3. Said Amendment to Conditional Use Permit is approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Amendment Conditional Use Permit are set forth in the staff report, minutes, and recording of said meeting. 4. The City Council determines that the public convenience and necessity would be served by the issuance of a Type 41 alcohol sales license to the applicant to add sales of alcoholic beverages at an incidental food establishment located at 824 Cowan Road. 5. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. nn Jerry Deal, Mayor I, Mary Ellen Kearney, Clerk of the City of Burlingame, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame City Council held on the 1st day of October, 2012, by the following vote to wit: AYES: Councilmembers: BAYLOCK, BROWNRIGG, KEIGHRAN, NAGEL NOES: Councilmembers: NONE ABSENT: Councilmembers: DEAL Mary Ellen Kearney, City Clerk