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HomeMy WebLinkAboutReso - PC - 2022.05.09 - 8ADocuSigriEnvelope lD: 0868A591 -A8CC-472A-8C80-0AECE9ACFCD4 RECORDING REO'JESTED BY Planning Department City of Burlingame WHEN RECORDED MAIL TO: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94O,IO 2022-066355 3:37 prn 0910912022 R1 Fee: NO FEE Count of Pages 5 Recorded in Off icialRecords County of San Mateo Mark Church Aseesso r-Co u nty Clerk-Recorder 5 I ffitI I ililfl ilt ilIil lllll illll lllll lllll llllllllll lruilillllI| ill lill;-$ R 0 o o 3 z I7 5 5 5 $ * Resolution No. 2022-05.09-8A 1799 BAYSHORE HIGHWAY, SUITE 248 APN 024-403-390 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. 2022Date: Kevin Gardiner, AICP, Community Development a RESOLUTION APPROVING CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a Categorical Exemption has been prepared and application has been made for Conditional Use Permit for a Fixed Location Non-Storefront Cannabis Deliverv Business in an existino commercial buildino at 1799 Bavshore Hiohwav. Suite 248.ned l/1, Geller Partners LP. propertv owner. APN: 024-403-390; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on Mav g. 2022, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOI/V, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that On the basis of the lnitial 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 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, is hereby approved. Said Conditional Use Permit is approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Conditional Use Permit is set forth in the staff report, minutes, and recording of said meeting. 3. lt is further directed that a certified copy of this resolution be recorded in the records of the County of San Mateo Chairperson I 2 S,I|,WE.NTI+#L-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 9th dav of Mav. 2022 by the following vote: 1799 BAYSHORE HWy. STE.248 - RESO 2022{t5.09{AAYES: CO[f,AROTO, HORAN, LOWENTHAI- PFAFF, SCHiitD, TSENOES: GAUL ABSENT NONE RECUSED: NONE t, ry 1 EXHIBIT'A" Conditions of Approval for Categorical Exemption and Conditional Use Permit 1799 Bayshore Highway, Suite 248 Effective May 19, 2022 Page 1 that the fixed location non-storefront cannabis retail delivery business shall be limited to 465 SF at 1799 Bayshore Highway, Suite 248, as shown on the plans submitted to the Planning Division and date stamped November 22, 2021, sheets A-1 and A1.0; that the conditions of the Fire Department's April 6, 2022 rnemo shall be met; that commercial delivery of cannabis to a fixed address within City limits is permitted throughout the City except at the following locations: schools, day care centers, youth centers, public parks and open space, public buildings, and eating or drinking establishments; all deliveries must be to a fixed address; that all non-storefront cannabis retail delivery activities must be conducted in accordance with all applicable State laws and regulations, as may be amended from time to time, and all applicable local laws and regulations; that all cannabis, cannabis products, and any aspect of the delivery of cannabis that indicates the type of product(s) being delivered shall not be visible from the public right-of-way, exterior of a structure, and/or vehicle(s) where those commercial cannabis activities take place; that the fixed location non-storefront cannabis retail delivery operations must comply with the provisions of a fire safety plan ensuring compliance with all applicable Fire Code and Building Code requirements prepared by a third-party engineer and approved by the City; that all cannabis and cannabis products shall be stored in a lockbox that is permanenfly secured to the vehicle during transport; that all delivery vehicles shall be parked on-site and not on any public street or right-of-way; that all delivery vehicles shall include video and audio monitoring equipment that retains recordings for 30 days, has date and time stamped recordings, and video overlays that indicate which vehicle the recording is from; that all delivery vehicles must be plainly marked and not include any overt or obvious indications of the products being distributed; 12. that the fixed location non-storefront cannabis retail delivery business must implement and maintain a security plan and surveillance system that complies with the security requirements outlined in the Commercial Cannabis Operation Security Requirements section; that delivery vehicles may only travel between the delivery business locations and drop-off destinations while transporting cannabis and/or cannabis products; 13 that deliveries are only permitted during the hours specified under State law and/or regulations; that only operators and/or employees of operators may be present in the delivery vehicle while transporting cannabis or cannabis products; 2 3 4 E b 7 8 9 10 11 14 EXHIBIT "A" Conditions of Approval for Categorical Exemption and Conditional Use Permit 1799 Bayshore Highway, Suite 248 Effective May 19, 2022 Page 2 15.that all drivers shall carry valid identification and proof of employment at a permifted delivery facility; 16 that all drivers shall carry an inventory log of cannabis and cannabis products being transported; 17. that all delivery vehicles must be registered with the Burlingame Police Department; '18. that operators shall keep the following records 22 19 20 21 23 24 25 a. All delivery vehicle maintenance records.b. All delivery vehicle ownership records.c. All shipping manifests for completed and in{ransit deliveriesd. A contemporaneous inventory log.e. Delivery log including location, time and delivery driver.f. Quality-assurance details for all cannabis and cannabis products stored and/or delivered by operator, destruction or loss of any cannabis and/or cannabis products. that the business shall not display any external signage or other visual clues as to the nature of the business, including, but not limited to, green lights, depictions of marijuana leaves, "420," or other common terms or symbols associated with cannabis; that no access by the general public may occur at this site and no on-site sales to any customers may occur at this site; that no pickup or delivery vehicles may contain or depict any signage or other visual clues as to the nature of the business, including, but not limited to, green lights, depictions of marUuana leaves, "420," or other common terms or symbols associated with cannabis; that the business shall not identify the business address in any communications, advertisements and marketing, as required under Chapter 15 of Division 10 of the California Business and Professions Code; the business may only display the business name and license number; that all entrances to the tenant space shall remain locked at all times to prevent unauthorized access from the exterior; the business shall utilize an electronic card key system to allow access for authorized personnel; the system shall record and log all entries/exits from the premises and such records must be retained for one year by the system; that loading/shipping areas shall have a double security door design that securely isolates the loading/shipping area from the main warehouse/processing area of the building when pickups or deliveries are made; that each cannabis business shall install, maintain, and use a time delay drop safe to store cash and limit the risk of robbery; time delayed drop safes shall be rated at UL TL-15 or higher; that the business shall install, maintain, and use an odor control system to prevent cannabis odors from escaping and being detected within 10 feet outside the building; and zo 27. EXHIBIT "A" Conditions of Approval for Categorical Exemption and Conditional Use Permit 1799 Bayshore Highway, Suite 248 Effective May 19,2022 Page 3 that the business must implement and maintain the security systems and equipment required by the Cannabis Regulations Chapter (Chapter) in strict accordance with the approved security plan prior to commencing operations. lf a business subject to this Chapter does not meet or maintain the security standards required by this Chapter, the business must take immediate steps to bring the security requirements into conformance with the provislons of this Chapter. Failure to comply with the requirements of an approved security plan is grounds for revocation of a permit and cessation of operations. 28 that the fixed location non-storefront cannabis retail delivery business shall enter into an operating agreement with the City. Such operating agreement shall set forth the terms and conditions under which the commercial cannabis activity will operate, that are in addition to the requirements of the Burlingame Municipal Code. The terms and conditions may include, but are not limited to, the payment of fees, charges, and contributions as mutually agreed, and any such other terms which promote the public health, safety, and welfare and mitigate negative impacts of such use.