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HomeMy WebLinkAboutReso - CC - 074-2010RESOLUTION NO. 74-2010 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A CATEGORICAL EXEMPTION AND 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 48 ALCOHOLIC BEVERAGE SALES LICENSE FOR A NEW BAR AT 305 CALIFORNIA DRIVE, ZONED C-2, SUBAREA A, BURLINGAME AVENUE COMMERCIAL AREA. WHEREAS, a categorical exemption has been proposed and application has been made for a 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 48 — On -Sale Public Premises) issued through the California Alcoholic Beverage Control Board (ABC), for a new bar (classified as a food establishment) at 305 California Drive, Zoned C-2, Subarea A, Burlingame Avenue Commercial Area, Louisa Zee and Lorenz Kao, property owners, APN: 029-153-150; and WHEREAS, on September 13, 2010, the Planning Commission moved to recommend to the City Council approval of the Conditional Use Permit for a new bar; and WHEREAS, the applicant has applied to the California Alcoholic Beverage Control Board ("ABC") for a "Type 48" license to permit the sale of beer, wine and distilled spirits for consumption on the premises located at 305 California Drive; and WHEREAS, the number of businesses with alcoholic beverage sales licenses in the City's downtown area exceed the number of such licensed businesses permitted by the ABC for that census tract area ("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 48 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 tracts and reviewed the names and locations of businesses with alcoholic beverage sales licenses in the Burlingame Avenue Commercial Area; 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 4, 2010, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; Resolution No. 74-2010 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 Conditional Use Permit is approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such 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 48 alcohol sales license to the applicant for a new bar located at 305 California Drive. 5. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. oftx-i� 604� Cathy Baylock, 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 4th day of October, 2010, by the following vote to wit: AYES: Councilmembers:BAYLOCR, BROWNRIGG, DEAL, NAGEL NOES: Councilmembers:NONE ABSENT: Councilmembers:KEIGBRAN 0A Ma4 Ellen Kearney, City Clerk EXHIBIT "A" Conditions of Approval — Conditional Use Permit — 305 California Drive that the project shall be built as shown on the plans submitted to the Planning Division date stamped August 16, 2010, sheets ID -000 through ID -202; 2. that this business location to be occupied by a bar, with 900 SF of seating area (597 SF indoor + 303 SF in outdoor patio), may change its food establishment classification only to a full service or limited food service food establishment upon approval of a conditional use permit amendment for the establishment, and the criteria for the new classification shall be met in order for a change to be approved; 3. that the 900 SF of on-site seating area of the bar shall be enlarged or extended to any other areas within the tenant space only by an amendment to this conditional use permit; 4. that this food establishment shall provide trash receptacle(s) as approved by the city consistent with the streetscape improvements and maintain all trash receptacle(s) at the entrances to the building and at any additional locations as approved by the City Engineer and Fire Department; 5. that the business shall provide litter control and sidewalk cleaning along all frontages of the business and within fifty (50) feet of all frontages of the business; that an amendment to this conditional use permit shall be required for delivery of prepared food from this premise; 7. that there shall be no food sales allowed at this location from a window or from any opening within 10' of the property line; that if this site is changed from any food establishment use to any retail or other use, a food establishment shall not be replaced on this site and this conditional use permit shall become void; that any seating on the sidewalk outside shall conform to the requirements of any encroachment permit issued by the city; 10. that the conditions of the Interim Chief of Police's September 7 and September 28, 2010 memos, the Chief Building Official's August 20 and July 9, 2010 memos, the Fire Marshal's July 19, 2010 memo, the City Engineer's July 19, 2010 memo and the NPDES Coordinator's July 8, 2010 memo shall be met; 11. that the project shall meet all the requirements of the California Building Code and California Fire Code, 2007 edition, as amended by the City of Burlingame, and that failure to comply with these conditions or any change to the business or use on the site which would affect any of these conditions shall require an amendment to this use permit. EXHIBIT "A" Conditions of Approval — Conditional Use Permit — 305 California Drive 12. that the petitioner(s) support efforts of the ABC, the Burlingame Police Department and local schools related to student education in the areas of alcohol awareness, danger and avoidance, and education awareness about the dangers of DUI driving in local high schools that have teen age students at (or near) driving age; 13. that security personnel shall be readily identifiable as security by wear distinctive clothing that has a logo of the establishment and the apparel shall state "SECURITY STAFF' 14. that between the hours of 9:00 p.m. and until one half (1/2) hour past closing the petitioner(s) shall provide security personnel who shall maintain order therein and prevent any activity which would interfere with the quiet enjoyment of their property by nearby businesses and residents; any change to the security personnel hours shall be reviewed by the Police Department upon a written request by the petitioner(s) and only after operating for a minimum of 60 days; the Police Department's approval of any change to the security personnel hours shall not require an amendment to this conditional use permit; 15. that all identification shall be checked to verify that the person presenting the identification is of legal drinking age; 16. that there shall be surveillance cameras located at all exit and entrance points (including patio) so that all patrons are visually recorded as they enter and exit the establishment. A digital recording shall be maintained by the establishment for no less than 30 days. The recording must be available to local law enforcement upon request; 17. that the sale of alcoholic beverages for off premises consumption is strictly prohibited. Consumption of on -sale alcoholic beverages shall be restricted to and within the confines of the building portion of the premises. There shall be no consumption of alcoholic beverages on the sidewalk area in front of or adjacent to the premise; 18. that no person under the age of twenty-one (21) shall sell, furnish, or deliver alcoholic beverages; 19. that no noise shall be audible beyond the area under the control of the licensee(s); 20. that the petitioner(s) shall be responsible for maintaining free of litter the area in front of (sidewalk and gutter) and adjacent to the premises over which they have control; 21. that loitering (loitering is defined as "to stand idly about; linger aimlessly without lawful business") is prohibited on any sidewalks or property adjacent to the licensed premises under the control of the licensee; 22. that the interior lighting maintained therein shall be sufficient to make easily discernible the appearance and conduct of all persons and patrons in that portion of the premises where alcoholic beverages are sold, served, delivered or consumed; EXHIBIT "A" Conditions of Approval — Conditional Use Permit — 305 California Drive 23. that the exterior of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the premises. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring businesses and or residences; 24. that all door(s) and window(s) shall be kept closed at all time during the operation of the premises except in cases of emergency and to permit deliveries, said door(s) not to consist solely of a screen or ventilated door; 25. that sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 3 p.m. - 2 a.m. Monday through Friday and 9 a.m. - 2 a.m. Saturday and Sunday, or as otherwise restricted by the California Alcoholic Beverage Control Boards (ABC) license for the establishment; if the petitioner (s) would like to be open earlier for a specific event, the petitioner (s) shall notify the Police Department a minimum of 7 days in advance of the scheduled event; security personnel shall be provided for all special events; any change to the hours of operation shall be reviewed by the Police Department upon a written request by the petitioner(s); the Police Departments approval of any change to the hours of operation shall not require an amendment to this conditional use permit; 26. that at no time shall the occupancy of the premise exceed the established lawful limit set by the Central County Fire Department; 27. that at no time shall the licensee(s) allow a third party promoter to have any control over the marketing, management, operation, or staffing of this business; and 28. that graffiti shall be removed from the premises and all parking lots under the control of the licensee(s) within 72hrs of application. If the graffiti occurs on a Friday or weekend day, or on a holiday, the licensee(s) shall remove the graffiti with 72hrs following the beginning of the next weekday.