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HomeMy WebLinkAboutMin - PC - 1996.07.08CITY OF BURLINGAME PLANNING COMMISSION MINUTES Monday, July 8, 1996 CALL TO ORDER A regular meeting of the Planning Commission, City of Burlingame was called to order by Acting Chairman Key on Monday, July 8, 1996 at 7:30 p.m. ROLL CALL Present: Commissioners Coffey, Deal, Galligan, Mink, Wellford and Key Absent: Commissioner Ellis Staff Present: City Planner, Margaret Monroe; City Attorney, Jerry Coleman; Senior Engineer, Donald Chang; Fire Marshal, Keith Marshall MINUTES - The minutes of the June 24, 1996 meeting were approved as mailed. AGENDA - Item No. 2, 1010 Cadillac Way and Item No. 4, 839 Walnut Avenue were continued to the meeting of July 22, 1996. The order of the agenda was then approved. FROM THE FLOOR There were no public comments. ITEMS FOR STUDY 1. APPLICATION FOR THREE SIDE SETBACK 'VARIANCES FOR 1ST AND 2ND STORY ADDITIONS TRIGGERING NEW CONSTRUCTION AT 132 COSTA RICA, ZONED R-1, (CRAIG AND CAROL ROSSI, PROPERTY OWNERS AND APPLICANTS) Requests: show on plans to scale the second floor plate height; on Sheet A-4 show the declining height envelope including an accurate plate height; clarify the side and rear elevations on the plans so they are consistent; why is the garage so large and how will the extra space be used; what is the size of the original house; can the project be phased with the addition now and the garage later, and if done independently will new construction be triggered; how long must one wait between additions before increased F.A.R. is not an issue, since most of it will be removed; can the back bedroom wall be redesigned to meet the side setback requirements; Item set for public hearing July 22, 1996, providing all the questions can be addressed by that time. -1- Burlingame Planning Commission Minutes July 8, 1996 2. APPLICATION FOR A SPECIAL PERMIT FOR AUTO STORAGE AT RAILROAD RIGHT- OF-WAY WEST SIDE NORTH OF BROADWAY, SUBJECT PROPERTY ZONED UNCLASSIFIED, (JOINT POWERS BOARD, PROPERTY OWNERS AND RECTOR MOTOR CAR COMPANY, APPLICANT.) CONTINUED TO IULY 22, 1996 APPLICATION FOR A SPECIAL PERMIT FOR HEALTH SERVICES AT 340 LORTON AVENUE WAY, ZONED, C-2, (DON SABATINI, PROPERTY OWNER AND GINA LAROCCA, APPLICANT). Requests: provide the maximum number of employees for current business and in five years; what equipment will be used in physical therapy, how large is it, how much does it weigh and would it require any additional structural support in the building; Item set for public hearing July 22, 1996. ITEMS FOR ACTION 4. APPLICATION FOR 6 SPECIAL PERMITS FOR THE RECONSTRUCTION OF AN EXISTING ACCESSORY BUILDING AT 839 WALNUT AVENUE, ZONED R-1, (DEBORAH HALL, PROPERTY OWNER AND APPLICANT). CONTINUED TO JULY 22, 1996. 5. APPLICATION FOR A TAKE-OUT PERMIT FOR PREPARED DRINKS AT 274 LORTON AVENUE, ZONED, C-1 SUBAREA A (SANDRA YORK, PROPERTY OWNERS AND CHERYL ENRIGHT DBA CALIFORNIA CANDY COMPANY APPLICANT.) Reference staff report, 7.8.96 with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department and staff comments, and study meeting questions. An additional condition was suggested regarding requiring trash pick up by BFI on Sundays. A total of 9 conditions were suggested for consideration. Commission asked about condition #4 and the limits suggested for the take-out items to be sold at the store, and what constitutes as a take-out item. Also a question was raised about whether the public notice was sufficient for take-out items noted if it only listed beverages. The City Planner noted that the public notice would cover other take-out items. The City Attorney suggested revising condition #4 to broaden the concept of candy items. Thus, by omission, not extending the permit broadly to all food items. Acting Chair Key opened the public hearing. Cheryl Enright, the applicant, 274 Lorton Avenue, was present. The applicant was confused by the wording on condition #4 and did not want limits on the type of items she sells. She requested that condition #3 reflect her year round/seasonal business hours of 10:00 a.m. to 10:00 p.m. and Sunday 11:00 a.m. to 10:00 p.m. The applicant has reviewed other take-out permits for Burlingame Avenue and noted that her business provides one employee parking stall on -site, moreover she has a limited staff, fewer customers and much smaller gross sales compared to the chain type food businesses in Subarea A. The slushie machine was added to boost slow sales during the summer months. Applicant has a ten year lease which will not allow her to sell ice cream or frozen yogurt. Another nearby ice cream store on Burlingame -2- Burlingame Planning Commission Minutes July 8, 1996 Avenue is not required to have a take-out permit since it is existing nonconforming. They are adding smoothies, and are not required to obtain a take-out permit or permission to add items for sale. When the applicant applied for a business license two years ago she listed the items she would sell and no one required her to get a take-out permit at that time. The larger businesses on Burlingame Avenue with take-out permits create more trash than she does. She is very active in trying to reduce the amount of trash that leaves her store with customers. The applicant requested that condition #4 which limits the items she can sell be deleted. The applicant noted two other businesses in her vicinity that no longer use their take-out or food establishment permits, Balloons and Bears and Double Rainbow. It appears that many of take-out permits go to large corporate chains and they are taking over the avenue. She is a local independent business operator and the City should encourage small operators because of their benefit to the avenue's character, she would like to stay in Burlingame. Vince Muzzi, property owner at 1766 El Camino Real spoke in favor of the project. As an investor in the Candy Company he feels the applicant would have applied if she had been told to when she applied for a business license. He feels condition #4 limits her business and she should be able to have the independence to compete like other businesses merchants. There were no other comments and the public hearing was closed. The Commissioners discussed the candy store on Broadway that has a similar take-out permit for ice cream. Also pick up of trash on Sunday by BFI was discussed and it was recommended that it not be an added condition since it is a large expense for a business with a small amount of trash. The City Attorney suggested that condition #4 refer to a "take-out business" which will sell "candy and similar products. Another commissioner discussed what defines a take-out product. The City Attorney noted that the distinction is that the item is prepared on -site and the container is disposable. C. Deal moved for approval with amended conditions on the hours of operation, the type of take- out items for sale, and that no condition be added regarding BFI pick tip on Sunday. Comment on the motion indicated that the take-out permit goes with the property and a future tenant might use the take-out permit to expand their business into a deli with take-out sandwiches, hot dogs, hamburgers and similar products. A take-out permit is for food prepared on -site and wrapped up for consumption off the premise. Candy is not a take-out food. The commission then moved approval of this application, by resolution, with the following amended conditions: 1) that the project shall be built as shown on the plans submitted to the Planning Department and date stamped may 30, 1996 sheet 1 Private Parking Lot Plan and Sheet 2 Ground Floor Plan; 2) that the conditions of the city Engineer's June 3, 1996 memo shall be met; 3) that the business will be open Monday through Saturday 10:00 A.M. to 10:00 P.M. and Sunday 11:00 A.M. to 10:00 P.M. with a maximum of three employees on -site at any one time, including the proprietor; 4) that no alcoholic beverages shall be sold from the candy shop and the take-out business shall include items similar to candy, fudge, nuts, popcorn, frozen slushies and cotton candy; 5) that the applicant shall purchase and maintain at least daily, more often if necessary, a trash receptacle inside the door to the store and in the sidewalk along Lorton Avenue at a location approved by the City Engineer and Fire Department; 6) that the candy store operator shall purchase and install on the street, the trash receptacle selected by the Burlingame Avenue Streetscape Study and this container shall be installed -3- Burlingame Planning Commission Minutes July 8, 1996 no later than October 1, 1996; 7) that the applicant shall remove once a day or more frequently, if determined to be necessary by the City, all take-out debris on the sidewalk, in the gutter, and in planters, in front of the store along Lorton Avenue, and within 50' of the store in each direction; and 8) that the project shall meet all the requirements of the municipal code and of the 1995 edition California Building and Fire Codes as amended by the City of Burlingame. Motion was seconded by C. Galligan and passed on a 6-0-1 roll call vote (C. Ellis absent). Appeal procedures were advised. 6. APPLICATION FOR A TAKE-OUT PERMIT FOR A SNACK SHOP IN THE CHEVRON STATION AT 260 EL CAMINO REAL, ZONED C-1, SUBAREA A, (CHEVRON, USA, INC., PROPERTY OWNER AND NANETTE NAMES, REPRESENTING R. H. LEE & ASSOCIATES, APPLICANT). The application is continued from the June 10, 1996. Reference staff report, 7.8.96 with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Eleven conditions were suggested for consideration. The City Attorney noted that this is a conditional use permit for retail sales of food and other take-out items AT A GASOLINE STATION, I.E., INTENSIFICATION OF USE, it is not a "take-out" permit. The food sales came after the current remodelling project. A commissioner noted that condition #2 limits certain food items that may be desirable such as coffee prepared on -site. Acting Chair Key opened the public hearing. Jim Lewin; 6001 Bollinger Canyon Road, San Ramon, representing Chevron, was present for questions. He noted that originally the gas station sold items through vending machines and the new snack shop sells basically the same items but a wider variety of them. The commission asked about the proposed hours for the snack shop. The applicant indicated that between 11:00 p.m. and 6:00 a.m. the snack shop is closed to walk-in customers, items are sold through a transaction window for security purposes. The commission wanted to know what took so long for the applicant to apply for a permit. The applicant indicated they were confused on whether they needed a special permit since they were selling basically the same items as before. The Chevron gas station at the corner of Broadway and California Drive is a food mart which sells bread, milk and other convenience items; different from what is proposed here. At 260 El Camino Real they have what the corporation calls a snack shop. The food sales are for the convenience of the gas customer. Bill Currie, Currie's Automotive, Inc., Chevron Dealer's tenant at 260 El Camino Real, Burlingame, spoke in favor of the project. He added that hot food is not prepared and sold through transaction window after 11:00 p.m. There were no other comments and the public hearing was closed. Burlingame Planning Commission Minutes July 8, 1996 Commission discussed eliminating the microwave oven for heating foods. There was a concern expressed about the amount of trash created from hot wrapped foods. A finding for the parking variance for one stall was suggested. Parking was not seen as a problem since the site does not appear overburdened with vehicles, based on frequent observations, and the five spaces provides enough parking for all the uses on -site. Findings for the permit amendment to add a snack shop include that purchases are typically taken back to the car of the gas customer so litter is not dropped on the street. C. Wellford made a motion for approval of the parking variance and special permit amendment to add a snack shop based on the reasons stated by the applicant and by the commissioners, with condition #3 amended to indicated that a microwave oven or other cooking element shall not be allowed. Discussion on the motion suggested clarifying condition #8 to include that three (3) total trash receptacles will be provided at the locations specified. Also there was discussion about the use of a heating element and that it would not impact the amount of trash in the area. The commission then moved, by resolution, for approval of this request based on the stated findings, with the following amended conditions: 1) that the project shall be built as shown on the plans submitted to the Planning Department and date stamped June 26, 1996 Sheet 1 - Site Plan with one parallel parking stall along the southeast property line, and Sheet 2 - Floor Plan date stamped May 2, 1996, and 81/2" X 11" date stamped May 16, 1996 showing 24'-0" minimum back up area from northeast service bay to the closest edge of the one parallel parking stall along the southeast property line; 2) that no alcoholic beverages shall be sold from the snack area and the snack shop shall only sell prepackaged convenience snack items such as sodas, juices, coffee, candy, chips, and cigarettes, batteries, and over the counter medications but not including the sale of any foods prepared on -site or urpackaged such as sandwiches, pies, cakes, bread; 3) that no microwave oven or other cooking element shall be available on -site to be used by customers to heat or reheat foods and the applicant shall obtain a San Mateo County Health permit for the sale of food and shall comply with all its requirements, conditions, and inspections; 4) that any customer seating at tables and chairs shall be prohibited in the snack area or on the premise; 5) that an amended building permit shall be obtained showing the required fire exit door from the snack area, for all new construction associated with the installation and implementation of the snack area, and restriping of the parking area shall be inspected by the City Engineer; 6) that the conditions of the City Engineer's December 22, 1995 memo shall be met; 7) that the snack area shall be open the same hours as the gasoline station, 24 hours a day, seven days a week, with a maximum of five employees on -site at any one time, and the snack area shall not be open independent of the gasoline station; 8)that the applicant shall purchase and maintain at least daily, more often if necessary, three (3) trash receptacles; one at the door to the snack shop, one along the property line on Burlingame Avenue, and one on El Camino Real at specific locations approved by the City Engineer and Fire Department; 9) the gas station operator shall install and maintain on El Camino and Burlingame Avenue, the trash receptacles selected by the Burlingame Avenue Streetscape Study and these containers shall be installed no later than October 1, 1996; 10) that the applicant shall remove once a day or more frequently, if determined to be necessary by the City, all take-out debris on the sidewalk, in the gutter, and in planters, in front of the gasoline station along both the Burlingame Avenue and El Camino Real frontages, and within 50' of the station in each direction; and 11) that the project shall meet all the -5- Burlingame Planning Commission Minutes July 8, 1996 requirements of the municipal code and of the 1995 edition California Building and Fire Codes as amended by the City of Burlingame. The motion was seconded by C. Mink and passed on a 4-2-1 roll call vote (Cmsrs. Coffey and Galligan dissenting and C. Ellis absent). Appeal procedures were advised. VIILPLANNER REPORTS - CP Monroe reviewed the July 1, 1996 City Council regular meeting. - Commission approved a resolution of commendation and Appreciation for Leah Dreger, Planner, who is leaving the City's employ. IX. ADJOURNMENT The meeting was adjourned at 9:49 p.m. in memory of Shelagh Girot's aunt, Christine Collins. MINUTES7.8 0 Respectfully submitted, Charles Mink, Secretary