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HomeMy WebLinkAboutReso - CC - 085-1990RESOLUTION NO. 35-90 RESOLUTION APPROVING NEGATIVE DECLARATION, GRANTING SPECIAL PERMITS AND PARKING VARIANCE - 347 PRIMROSE ROAD RESOLVED, by the City Council of the City of Burlingame that: WHEREAS, application was made to the Planning Commission of the City of Burlingame for two special permits and a parking variance to locate a food establishment and second floor real estate office at 347 Primrose Road; and WHEREAS, said application was heard by the Planning Commission of the City of Burlingame on May 14, 1990, said hearing being properly noticed as required by law; and WHEREAS, the negative declaration was recommended and the special permits and variance were approved by the Planning Commission, a timely appeal filed, and a public hearing upon said appeal was scheduled and held by the City Council on June 4, 1990; NOW, THEREFORE, IT IS ORDERED AND DETERMINED by the City Council of the City of Burlingame: 1. On the basis of the Initial Study, the documents submitted and reviewed, and comments received and addressed by the Planning Commission and 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 Negative Declaration ND -436P is hereby approved. 2. That the following findings of fact are made regarding said application: (a) The application is for a food establishment and a second floor real estate office at 347 Primrose Road with no on-site parking as more fully set forth in said application; z (b) The use as described in the staff reports and studies pertaining to the application and in the testimony at the hearing is appropriate and compatible with the Zoning District and with the uses of the properties in the vicinity of the premises. Its location and use assures the preservation of the facade of this historic building. The food establishment use is consistent with the retail objectives of the zoning and is within the number of food establishments permitted in the Burlingame Avenue Commercial Area Sub Area A; and the number of employees in the real estate office as specified in the conditions (Exhibit A) reduce the impact on parking of that use to acceptable levels particularly since the use is less impact that the previous office use of this same floor area. 3. The granting of the permit applied for will be in the interests of the health and welfare of the persons using said property, of the City of Burlingame, and, subject to the conditions hereinafter set forth, will be in conformity with reasonable and orderly use of the property. 4. The decision of the Planning Commission is hereby affirmed and the special permits and parking variance for a food establishment and second floor real estate office use at 347 Primrose Road is approved with a three space parking variance subject to the conditions set forth in Exhibit "A" attached hereto. 5. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. MAYOR 3 I, JUDITH A. MALFATTI, 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 2nd day of July 1990, and was adopted thereafter by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: LEMBI, O'MAHONY BARTON HARRISON PAGLIARO CITY CLERK EXHIBIT "A" Conditions of approval, two special permits and parking variance, 347 Primrose Road (effective June 19, 1990) Property owner: Constance Achilles 633 Menlo Avenue - Suite 220 Menlo Park, CA 94025 1. that the project as built shall conform to the plans submitted to the Planning Department and date stamped April 23, 1990 with 3,000 SF of first floor area for restaurant use, 806 SF of second floor area for office use and 806 SF of first floor area for retail sales use; 2. that the conditions of the Chief Building Inspector's April 30, 1990 memo, the City Engineer's April 30, 1990 memo, the Fire Marshal's April 24, 1990 memo and the Director of Parks' April 16, 1990 memo shall be met and that prior to issuance of a building permit the Director of Parks shall approve the method for protecting the trees in the planter strip and shall inspect the work regularly to see that the provisions protecting the trees are maintained and that the trees are protected; 3. that the office and retail sales areas shall be open from 7:00 A.M. to 9:00 P.M. seven days a week and the restaurant shall be open from 7:00 A.M. to 12:00 midnight seven days a week; 4. that the use of the second floor office area shall be limited to one real estate business with a maximum number of two employees and no part of the second floor office area shall be used for dwelling purposes; 5. that there shall be no change in the uses or square footages of the floor area used by these uses in this building including the addition without amendment to this use permit; 6. that an enclosed and ventilated garbage storage area be identified at the front of the site and that garbage cans shall be kept in the storage area until such time garbage is picked up; upon pick-up cans shall then be returned to the storage area; 7. that the restaurant at this location shall not be a fast food or take-out restaurant; 8. that if access can be obtained to the private easement at the rear pick-ups and deliveries including garbage shall occur at the rear of the building and the architectural design shall be redrawn so that this can occur at the front or rear of the building; and 9. that this use permit shall be reviewed for compliance with these conditions in two years (June, 1992) and each two years thereafter or upon complaint. RECORPINu k146diL@ By CITY CLERK RESOLUTION NO. 85-90 CITY OF BURLINGAME 501 PRIMROSE ROAD RESOLUTION APPROVING NEGATIVE DECLARATION, BURLINGhME CA 94010 GRANTING SPECIAL PERMITS AND PARKING VARIANCE - 347 PRIMROSE ROAD RESOLVED, by the City Council of the City of Burlingame that: WHEREAS, application was made to the Planning Commission of the City of Burlingame for two special permits and a parking variance to locate a food establishment and second floor real estate office at 347 Primrose Road; and WHEREAS, said application was heard by the Planning Commission of the City of Burlingame on May 14, 1990, said hearing being properly noticed as required by law; and WHEREAS, the negative declaration was recommended and the special permits and variance were approved by the Planning Commission, a timely appeal filed, and a public hearing upon said appeal was scheduled and held by the City Council on June 4, 1990; NOW, THEREFORE, IT IS ORDERED AND DETERMINED by the City Council of the City of Burlingame: 1. On the basis of the Initial Study, the documents submitted and reviewed, and comments received and addressed by the Planning Commission and 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 Negative Declaration ND -436P is hereby approved. 2. That the following findings of fact are made regarding said application: (a) The application is for a food establishment and a second floor real estate office at 347 Primrose Road with no on-site parking as more fully set forth in said application; 2 (b) The use as described in the staff reports and studies pertaining to the application and in the testimony at the hearing is appropriate and compatible with the Zoning District and with the uses of the properties in the vicinity of the premises. Its location and use assures the preservation of the facade of this historic building. The food establishment use is consistent with the retail objectives of the zoning and is within the number of food establishments permitted in the Burlingame Avenue Commercial Area Sub Area A; and the number of employees in the real estate office as specified in the conditions (Exhibit A) reduce the impact C on parking of that use to acceptable levels P g p particularly since the N use is less impact that the previous office use of this same floor W area. 3. The granting of the permit applied for will be in the interests of the health and welfare of the persons using said property, of the City of Burlingame, and, subject to the conditions hereinafter set forth, will be in conformity with reasonable and orderly use of the property. 4. The decision of the Planning Commission is hereby affirmed and the special permits and parking variance for a food establishment and second floor real estate office use at 347 Primrose Road is approved with a three space parking variance subject to the conditions set forth in Exhibit "A" attached hereto. 5. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. V , r MAYOR 3 I, JUDITH A. MALFATTI, 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 2nd day of July 1990, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: LEMBI, O'MAHONY NOES: COUNCILMEMBERS: BARTON ABSTAIN: COUNCILMEMBERS: HARRISON ABSENT: COUNCILMEMBERS: PAGLIARO V CITY CLERK eejrtifY 4lais to bg o fu!!, free )f C'3C {.a o1:�CU2:':°f @tE4Pp®CfS ori�inal of v'rhicy3 is..Ol fisv in EXHIBIT "A" Conditions of approval, two special permits and parking variance, 347 Primrose Road (effective June 19, 1990) Property owner: Constance Achilles 633 Menlo Avenue - Suite 220 . Menlo Park, CA 94025 1. that the project as built shall conform to the plans submitted to the Planning. Department and date stamped April 23, 1990 with 3,000 SF of first floor area for restaurant use, 806 SF of second floor area for office use and 806 SF of first floor area for retail sales use; 2. that the conditions of the Chief Building Inspector's April 30, 1990 memo, the City Engineer's April 30, 1990 memo, the Fire Marshal's April 24, 1990 memo and the Director of Parks' April 16, 1990 memo shall be met and that prior to issuance of a building permit the Director of Parks shall approve the method for protecting the trees in the planter strip and shall inspect the work regularly to see that the provisions protecting the trees are maintained and that the trees are protected; 3. that the office and retail sales areas shall be open from 7:00 A.M. to 9:00 P.M. seven days a week and the restaurant shall be open from 7:00 A.M. to 12:00 midnight seven days a week; 4. that the use of the second floor office area shall be limited to one real estate business with a maximum number of two employees and no part of the second floor office area shall be used for dwelling purposes; 5. that there shall be no change in the uses or square footages of the floor area used by these uses in this building including the addition without amendment to this use permit; 6. that an enclosed and ventilated garbage storage area be identified at the front of the site and that garbage cans shall be kept in the storage area until such time garbage is picked up; upon pick-up cans shall then be returned to the storage area; 7. that the restaurant at this location shall not be a fast food or take-out restaurant; 8. that if access can be obtained to the private easement at the rear pick-ups and deliveries including garbage shall occur at the rear of the building and the architectural design shall be redrawn so that this can occur at the front or rear of the building; and 9. that this use permit shall be reviewed for compliance with these conditions in two years (June, 1992) and each two years thereafter or upon complaint.