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