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HomeMy WebLinkAboutReso - CC - 108-2000RESOLUTION NO. 108-00 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME GRANTING APPEAL OF PLANNING COMMISSION DECISION AND APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT FOR AN EATING ESTABLISHMENT 1108 BURLINGAME AVENUE/303-305 CALIFORNIA DRIVE ZONED C-1 APPLICANT AND APPELLANT: FANNY & ALEXANDER PROPERTY OWNERS: LORENZ AND LOUISA KAO RESOLVED by the CITY COUNCIL of the CITY of BURLINGAME that: WHEREAS, this matter came before the City Council on September 18, 2000, on an appeal by the applicant from a Planning Commission decision denying an amendment to the conditional use permit for an eating establishment and was regularly noticed in accordance with State and City law; and WHEREAS, the Council continued the matter to October 2, 2000, to allow the applicant to complete its design work on the new space, and the applicant asked that it be further continued to October 16, 2000; and WHEREAS, the Council received and considered all written documentation and oral testimony submitted from all interested persons; and WHEREAS, the applicant wishes to expand its eating establishment use into adjacent space at 308-310 California Drive; and WHEREAS, this new space is not readily usable for retail frontage because of its location and configuration; and WHEREAS, the applicant has assured the City that the additional space will be operated as an integral part of the existing food establishment and will only be used for overflow dining, private and corporate functions, and a possible music venue for clients and guests, with adequate security to ensure that no ingress or egress is made from California Drive; and WHEREAS, separate food preparation facilities will not be placed in either the additional space on California Drive or in the outdoor seating area, except for a small bar in the California Drive space; and WHEREAS, the Planning Commission properly raised the issues of restaurant and entertainment expansion, and the additional work of the applicant and City staff has created the framework that allows the permit to be approved with strict conditions; and WHEREAS, the conditions contained in Exhibit A hereto further justify a categorical exemption for this conditional use permit; and WHEREAS, the proposed project is consistent with the intent of the General Plan and the Zoning Code, NOW, THEREFORE, it is hereby ordered and directed as follows: 1. The appeal of the applicant from the decision of the Planning Commission on this application is granted as provided below. 2. The request for an amendment to the conditional use permit for the eating establishment is approved subject to the conditions contained in Exhibit A hereto . 3. A certified copy of this resolution shall be recorded in the official records of the County of San Mateo. This decision is a final administrative decision of the City of Burlingame. Anyone wishing to challenge this decision in a court of competent jurisdiction must do so within 90 days pursuant to Code of Civil Procedure Section 1094.6 unless a shorter time is provided by State or Federal law. The approval granted by this permit must be used within one year of the approval by the Council or it may be subject to lapsing as provided in the Municipal Code. I, ANN T. MUS SO, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 16th day of October, 2000, and adopted thereafter by the following vote: AYES: COUNCILMEMBER: COFFEY, JANNEY, O'MAHONY, SPINELLI NOES: COUNCILMEMBER: NONE ABSENT: COUNCILMEMBER: GALLIGAN aW, J. �W City Clerk 2 .:r CONDITIONS OF APPROVAL OF CONDITIONAL USE PERMIT 1108 BURLINGAME AVENUE/303-305 CALIFORNIA DRIVE Conditions on the project to address addition of a bar and intensified use at 303/305 Burlingame Avenue of food establishment originally located at 1108 Burlingame Avenue only: 1. This shall be a full service food establishment, with no more than 3620 SF (1200 SF indoor and 1685 SF outdoor patio at 1108 Burlingame Avenue, and no more than 735 SF in door seating area at 303/305 California Drive) as shown in the plan sheets A0, EC2, and Al date stamped July 5, 2000 and sheet EX date stamped October 4, 2000. It may change the food establishment classification for the entire site only to a limited food service or bar upon approval of an amendment to the conditional use permit for the establishment. The incorporation of the tenant space at 303/305 California Drive shall not be used in the future as the basis for increasing the number of food establishments in Subarea A of the Burlingame Avenue commercial area; 2. No portion of the 3620 SF seating area as shown in each of the three areas (1200 SF at 1108 Burlingame Avenue, 735 SF at 303/305 California Drive, and 1685 SF in the outdoor patio area) defined on the plans in condition number 1 shall be enlarged or changed in use without an amendment to this conditional use permit, and no food and/or drink shall be prepared in the outdoor patio area, except drinks only may be prepared at a single, small portable bar in the outdoor area; 3. The 1960 SF of space located at 303/305 California Drive shall be used only for additional seating area (735 SF) for the food establishment at 1108 Burlingame Avenue, restrooms, an employee changing room, dry food storage, and equipment, table and chair storage; no food except for drinks shall be prepared in this area and no more than 735 SF of this area shall be used for seating. Neither this space nor any portion of it shall not be converted to a separate food establishment independent in any way of the food establishment at 1108 Burlingame Avenue; and 1108 Burlingame Avenue/303-305 California Drive (outdoor and indoor areas) shall be leased or subleased only as one single unit or premises, and not in any portion or combination of portions; 4. The only facilities for food preparation at 303/305 California Drive shall be an 8.5 foot by 14.5 foot, permanently installed, full service bar with a 6 foot by 7 foot refrigerated storage area accessible from inside the bar, staffed by no more than one employee inside the bar area which shall have no more than one, single -rack glasswashing machine and no seating, and should this bar area ever be used or desired for use to prepare any food beside drinks commonly associated with bar service or shall any of the above limitations be exceeded, the entire conditional use permit shall be reviewed by the Planning Commission; 5. The food establishment at 1108 Burlingame Avenue/303-305 California Drive may be open Monday through Saturday from 11:00 a.m. to 2:00 a.m., closed on Sundays, and live music and dancing may be provided in all indoor areas in accordance with the City Council A-1 approved amusement permit. Failure to abide by the amusement permit shall result in review by the Planning Commission of the conditional use permit for the entire site; 6. The requirements of the City Engineer's June 5, 2000, and the Chief Building Official's June 8, 2000, memos shall be met, and the occupancy loads as defined in the Fire Marshal's September 6, 2000, memo shall be posted and enforced by the management for each area of the establishment at all times. These occupancies are: 110 patrons in the main restaurant space (Burlingame Avenue), 140 patrons in the exterior, outdoor patio area, and 110 patrons in the interior banquet area (California Drive); in addition there shall be allowed 23 employees on the entire business site at anyone time; 7. Because of fire occupancy enforcement concerns for each of the three areas of the business, the patio area of the food establishment shall be closed to customers during inclement weather; during these times, the maximum occupancy of the food establishment shall be reduced by 140 to a maximum of 220 patrons at one time. Exceeding the maximum of 360 patrons during fair weather or 220 patrons during inclement weather shall cause this conditional use permit to be called up for review for revocation by the Planning Commission; 8. An amendment to this conditional use permit shall be required for delivery of any prepared food from this premise; 9. There shall be no food sales allowed at this location from a window or from any opening within 10' of a property line; 10. If the area used as full service food establishment as defined by this conditional use permit, or any portion of this area including the patio area and 303/305 California Drive is changed from any food establishment use to retail sales or any other use, a food establishment shall not be replaced in the area where the use has changed, and this conditional use permit shall become void; 11. 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; the entertainment allowed by the amusement permit granted on August 16, 1999, shall not be audible outside the premises, including the 303/305 California site; before any food establishment use is extended to the seating area at 303/305 California Drive, the operator shall have an approved Amusement Permit from the City Council which reflects accurately the entertainment type and hours to be offered in each of the three segment areas of this food establishment; and failure to adhere to the Amusement Permit and its conditions or failure to comply with the City's noise requirements as stated in the General Plan and Municipal Code including noise evaluation reports shall result in this conditional use permit being called up for review for revocation by the Planning Commission; 12. Before opening each indoor and outdoor area for business, the establishment shall measure the current 24-hour ambient noise levels (1,10) at the exterior of the property along A-2 Burlingame Avenue and California Drive and at the rear of the patio area using a methodology approved by the City Planner; and these base line numbers shall be submitted to the Planning Department before a final inspection is scheduled by the Building Department on any improvements at the 303/305 California Drive site; 13. Within two months of opening both indoor areas for entertainment use and upon request by the City, the establishment shall conduct noise measurements to determine whether the noise from the establishment when live and/or amplified music is present is exceeding the 5 dBA standard for increases in noise over the existing ambient at property line from the baseline established before the entertainment activity began as provided in the Burlingame General Plan, and the business operator shall report the measurements to the City Planning Department before each area can be used for live entertainment, amplified music and/or dancing purposes; the establishment shall ensure that the 5 dBA increase over ambient, at the same time of day, at property line standard is not exceeded; should the noise levels be exceeded this conditional use permit and amusement permit shall be reviewed by the Planning Commission and City Council respectively to see the applicant enacts approved corrective measures or the Commission shall consider revocation of this permit; 14. 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; 15. There shall be only one food establishment on this site with a maximum of 4368 GSF inside the building at 1108 Burlingame Avenue (3230 SF on the ground floor + a maximum of 1138 SF only for storage or employee changing rooms at basement level) with 1200 SF of seating area, 1685 SF used for seating in the outdoor patio area, and 1960 GSF inside the building at 303/305 California Drive with 735 SF of seating area, and any change to the use of any one of these areas shall void this conditional use permit and require a revision for the food establishment conditional use permit for all the areas; 16. The area occupied by this food establishment as described in condition number 15 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; 17. Within 30 days of commencing operation the business shall install in front of the premise on both the Burlingame Avenue and California Drive street frontages, at locations approved by the City Engineer, at least two trash receptacles of the type recommended by the Burlingame Avenue Streetscape Study; 18. The trash receptacles installed inside and on the street outside the place of business shall be maintained and emptied regularly and a trash area large enough to accommodate the daily accumulation of trash shall be provided on site and regularly maintained; 19. Each of the seating/customer service areas (as defined on Sheet EX I, September 1, 2000) at 303/305 California Drive, 1108 Burlingame Avenue and the patio shall be clearly posted, at locations approved by the Fire Marshal, with signs indicating the maximum number of FEW occupants (customers) as follows: 1108 Burlingame Avenue, 110; patio area, 140, and 303/305 California Drive, 110; 20. A minimum of three metal ash cans shall be provided for the removal and storage of ashes from the wood fired cooking appliances; these cans shall be rotated over a three-day period and shall be stored in a secured location outside of the structures as approved by the Fire Marshal; the placement of these ash cans shall be separated from the exit path access; 21. No wiring, strings, lighting or other adhesive shall be attached to fire sprinkling piping to hang seasonal decorations or for any other purpose; 22. 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 begin operations at this site; this Sunday pick-up shall include the trash receptacles on the street in front of the business if requested by the City; 23. The business shall have an employee regularly patrol for litter at least twice a day the front of this business site on Burlingame Avenue and California Drive and the public sidewalk and gutter within fifty (50) feet of the entrance in the direction away from the area used for customer queue and one hundred (100) feet in the direction in which the customer queue forms (at least one of these litter patrol times shall be in the evening after customers are no longer queuing on the sidewalk), and litter patrol shall occur more frequently if determined to be necessary by the City Engineer; 24. The business shall regularly steam clean the sidewalk, curb and gutter in front of their premise on both the Burlingame Avenue and California Drive frontages and, if the level of cleanliness becomes a problem to the City, the business shall clean the sidewalk on a more frequent schedule as required by the City Engineer; 25. 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 26. The project shall meet all the requirements of the California Building and Fire Codes, 1998 edition, as amended by the City of Burlingame. I_Q