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Home My WebLink AboutReso - PC - 061-2000 AFCORDING REQUESTED BY: Planning Department City of Burlingame SOC � 2000-055593 WHEN RECORDED MAIL TO: 0511112000 02:26P RI F PLANNING DEPARTMENT Page 1 of 4 CITY OF BURLINGAME ee:NC Recorded Page Official Records 501 PRIMROSE ROAD ar Of San Mateo W BURLINGAME,CA 94010 RecorAsseBssor-County ClerkmRecorder Y BURLINGAME III I I IIII I J CITY -II PLANNING DEPA I I II II III II IIII I II I II I II I III II II II Resolution No. 61-00 1108 BURLINGAME AVENUE: 029-153-150 TITLE OF DOCUMENT I hereby certify this to be a full, true and correct copy of the document it purports to be, the original of which is on file in my office. Date: 02.24.00 � LJ �4aig4vt Monroe, City( AnnerT RESOLUTION APPROVING CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT AMENDMENT RESOLUTION-61-2000 RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for a conditional use permit amendment for an existing food establishment classified as a Full Service Food Establishment at 1108 Burlingame Avenue. zoned C-1 Subarea A, Burlingame Avenue Commercial Area, APN: 029-153-150:Lorenz Kao and Louisa Zee Kao 30 Live Oak Lane, Hillsborough, CA 94010, property owner; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on February 14, 2000, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that: 1. On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this commission, 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 Article 19. 15301 - Existing Facilities, Class 1, operation of existing private structures involving negligible or no expansion of use beyond that previously existing is hereby approved. 2. Said conditional use permit amendment is approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such conditional use permit amendment are as set forth in the minutes and recording of said meeting. 3. It is further directed that a certified copy of this resolution be ecorded in the offrcia ecords of the County of San Mateo. C I, Ann Keighran, Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 14th day ofFebruary, 2000 , by the following vote: AYES: COMMISSIONERS: Bojues., Deal, Dreiling, Keighran, Vistica, Osterling and Luzuriaga NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE SC ARY IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII R1 Page:0 0002 of 4 EXHIBIT "A" Conditions of approval for categorical exemption and conditional use permit amendment. 1108 BURLINGAME AVENUE effective February 23, 2000 1. that this full service establishment, with 2768 SF of on-site seating (1083 SF indoor and 1685 SF in outdoor patio), may change its food establishment classification only to a limited food service or bar upon approval of an amendment to the conditional use permit for the establishment; 2. that the 2768 SF of on-site seating of the full service establishment shall be enlarged only by an amendment to this conditional use permit; 3. that an amendment to this conditional use permit shall be required for delivery of prepared food from this premise; 4. that there shall be no food sales allowed at this location from a window or from any opening within 10' of the property line; 5. that if this site is changed from any food establishment use to retail or any other use, a food establishment shall not be replaced on this site and this conditional use permit shall become void; 6. that loudspeakers for the business shall be directed toward the interior of the business, shall not violate Section 10.40.020 of the Burlingame Municipal Code regarding loudspeakers, and that the entertainment allowed by the amusement permit granted on August 16, 1999, shall not be audible outside the premises; 7. that the establishment shall measure the current 24-hour ambient noise levels (L10) at the exterior of the property along Burlingame Avenue and at the rear of the patio area using a methodology approved by the City Planner before opening for business; 8. that upon request by the City, the establishment shall conduct noise measurements to determine whether the noise from the establishment is exceeding the 5 dBA standard for increases in noise from the baseline as provided in the Burlingame General Plan, and shall report the measurements to the City; the establishment shall ensure that the 5 dBA standard is not exceeded; 9. that the fire lane in the driveway at the rear of the site accessed from California Drive shall be maintained clear of storage and/or parked vehicles as required by the Fire Department; 10. that there shall be only one food establishment on this site with a maximum of 4,368 GSF inside the building (3230 SF on the ground floor + a maximum of 1138 SF of storage or employee changing rooms at basement level) and 1685 SF used for seating in the outdoor patio area and that the basement area shall not contain any office area for the restaurant business; IIII IN 05f1112000 02:26P R1 Page:200@3 of 4 EXHIBIT "A" Conditions of approval for categorical exemption and conditional use permit amendment. 1108 BURLINGAME AVENUE effective February 23, 2000 page -2- 11. that the area occupied by this food establishment as described in condition #10 area shall not be divided into areas operated by more than one business and shall not be expanded in square footage without securing a conditional use permit from the City of Burlingame; 12. that the business shall install in front of the premise, at locations approved by the City Engineer, at least two trash receptacles of the type recommended by the Burlingame Avenue Streetscape Study within 30 days of commencing operation; 13. that the trash receptacles installed inside and outside the place of business shall be emptied and maintained regularly and a trash area large enough to accommodate daily accumulation of trash shall be provided on site and regularly maintained; 14. that, in addition to their regular BFI pickup, the business shall arrange for and shall pay for a regular BFI trash pick up on Sunday commencing from the day they commence operations at this site. This Sunday pick-up shall include the trash receptacles in front of the business if requested by the City; 15. that the business shall have an employee regularly patrol the front of this business site and the public sidewalk and gutter within fifty (50') feet of the entrance in either direction for litter at least twice a day, and more frequently if determined to be necessary by the City Engineer; 16. that the business regularly clean the sidewalk, curb and gutter in front of their premise and, if the level of cleanliness becomes a problem to the city, the business shall clean the sidewalk on a schedule as required by the City Engineer; 17. that all deliveries to this site shall be made from the driveway at the rear of the site accessed from California Drive and shall be made between 7:30 a.m. and 10:30 p.m., and no delivery vehicles shall be stored in or parked overnight in this driveway area; and 18. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame. 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