HomeMy WebLinkAboutReso - CC - 025-2020RESOLUTION NO. 25-2020
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING A CATEGORICAL EXEMPTION AND AMENDMENT 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 20 ALCOHOLIC BEVERAGE SALES
LICENSE (OFF -SALE BEER AND WINE) TO ADD SALES OF ALCOHOLIC
BEVERAGES TO A MINI -MART AT AN EXISTING GASOLINE SERVICE STATION
AT 1147 ROLLINS ROD, ZONED C-1.
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 20 — Off -Sale Beer and Wine)
issued through the California Alcoholic Beverage Control Board (ABC), to add sales of alcoholic
beverages to a mini -mart at an existing gasoline service station at 1147 Rollins Road, Zoned C-
1, Gustavo and Gladys Greco, 1147 Rollins Road, Burlingame, CA, 94010, property owner,
APN: 026-231-120; and
WHEREAS, on January 13, 2020, the Planning Commission moved to recommend to
the City Council approval of the Amendment to Conditional Use Permit to add sales of alcoholic
beverages to a mini -mart at an existing gasoline service station; and
WHEREAS, the applicant has applied to the California Alcoholic Beverage Control
Board ("ABC') for a "Type 20" license to permit the sale of beer, wine and distilled spirits for
consumption off the premises located at 1147 Rollins Road; and
WHEREAS, the number of businesses with alcoholic beverage sales licenses within the
area exceeds 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 licenses 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 20 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 vicinity; and
WHEREAS, the Police Department, after reviewing this application, recommends that
Resolution No. 25-2020
the City Council of the City of Burlingame include conditions of approval listed in the attached
staff report; and
WHEREAS, said matters were heard by the City Council of the City of Burlingame on
February 18, 2020, at which time it reviewed and considered the staff report and all other written
materials and testimony presented at said hearing;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
RESOLVES AS FOLLOWS:
1. All of the facts recited above and in the staff report and in its attachments are true and
correct.
2. The project is Categorically Exempt from review pursuant to the California Environmental
Quality Act (CEQA), Section 15301, which states that existing facilities, consisting of the
operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing
public or private structures, facilities, mechanical equipment or topographical features,
involving negligible or no expansion of use beyond that existing at the time of the lead
agency's determination are exempt from environmental review.
3. Said Amendment to Conditional Use Permit is approved subject to the conditions set forth in
Exhibit "A" attached hereto. Findings for such Amendment to 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 20 alcohol sales license to the applicant to add sales of alcoholic
beverages to a mini -mart at an existing gasoline service station at 1147 Rollins 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.
BE IT FURTHER RESOLVED THAT, based upon the Burlingame Police Department's
review of the matter, the City Council suggests that the ABC consider the following conditions
as part of the ABCs issuance of the licenses:
1. The licensee(s) shall be responsible for maintaining, free of litter, the area in front of and
adjacent to the premises over which they have control;
2. Graffiti shall be removed from the premises and all parking lots under the control of the
licensee(s) within seventy-two (72) hours of application;
3. 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 residences;
4. Electronic video surveillance shall be maintained at the premises, minimally covering
entrances and exits. Footage shall be maintained for at least 30 days;
Resolution No. 25-2020
EXHIBIT "A"
Conditions of Approval — Amendment to Conditional Use Permit —1147 Rollins Road
1. that the project shall be built as shown on the plans submitted to the Planning Department
and date stamped June 1, 2001, site plan, floor plan, and elevations with a mini-mart/sales
area of 1,695 SF including the gas station cashier, an 80 SF office and an 84 SF public
restroom;
2. that any changes in operation, type of product sold or floor area, shall be brought to the
Burlingame Planning Commission for approval;
3. that alcoholic beverages sold from the mini -mart be limited to off -sale beer and wine
consistent with a Type 20 (Off -Sale Beer and Wine) Alcoholic Sales Permit;
4. that the conditions of the City Engineer and Chief Building Official's January 16, 2001
memos shall be met;
5. that any customer seating at tables and chairs shall be prohibited in the sales area or on the
premises;
6. that there shall be only one free-standing ATM on -site, to be installed within the mini -mart,
and to be limited to cash dispensing only with no deposit capabilities;
7. that the applicant shall purchase and maintain daily, more often if necessary, trash
receptacles on -site one of which will be placed by the door to the mini -mart sales area;
8. that the applicant shall police for trash daily, on -site and adjacent street frontages for 50 feet
in either direction and keep them clean and free of debris and litter associated with the mini -
mart;
9. that the mini -mart and gas station operator shall install security cameras as required by the
Burlingame Police Department with film of a type approved by the Police Department;
10. that the mini -mart and gas station operator shall install a hold-up alarm of the type approved
by the Burlingame Police Department; placed at a location approved by the Police
Department;
11. that the mini -mart and gas station operator shall provide on -site a safe in which to store
cash of a type and at a location site approved by the Burlingame Police Department;
12. that the project shall meet all the requirements of the California Building and Uniform Fire
Codes, 1998 edition, as amended by the City of Burlingame;
13. that the licensee(s) shall be responsible for maintaining, free of litter, the area in front of and
adjacent to the premises over which they have control;
14. that graffiti shall be removed from the premises and all parking lots under the control of the
licensee(s) within seventy-two (72) hours of application;
15. 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 residences;
Resolution No. 25-2020
16. that electronic video surveillance shall be maintained at the premises, minimally covering
entrances and exits. Footage shall be maintained for at least 30 days;
17. 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(s);
Resolution No. 25-2020
5. 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(s); n „ n
ily
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingari4e, certify that the
foregoing Resolution was introduced at a regular meeting of the City Council held on the 18th
day of February, 2020, and was adopted thereafter by the following vote:
AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, KEIGHRAN, ORTIZ
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
eag n se - hearer, City Clerk