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HomeMy WebLinkAbout810 Burlway Road - Staff Report�' , P.C. 2/14/83 Item #5 MEMO T0: PLANNING COMMISSION FROM: CITY PLANNER SUBJECT: SPECIAL USE PERMIT TO HOLD CLASSES IN THE M-1 DISTRICT AT 810 BURLWAY ROAD When appealing the Planning Commission's denial of his request for a special use permit for retail sales and classroom use in the M-1 district, the applicant, Mr. Bergren, withdrew his request for a use permit for retail sales. The Council felt (minutes of January 17, 1983) that it was inappropriate for them to hear the item since it was not exactly the same as what the Planning Commission had heard. The Council then referred the item back to the Planning Commission. In Mr. Bergren's appeal request (letter of December 29, 1982) he modifies his application to allow the following uses on the existing premises: office, repairs and invoicing. In addition he requests use of the classroom area for daytime and evening "company meetings". He states that sales seminars will be held off the premises. The only sales from the site will be the occasional customer who walks in for parts or repairs (e.g., incidental less than 5% of the business gross). Staff comments (see Planning Commission staff report 12/13/82) address occupancy of the classroom area not to exceed 25 people (Fire Marshal memo of November 19, 1982). Planning staff noted concerns about enforcement both of classroom use and of "incidental sales" from the premises. The previous Planning Commission staff report (December 13, 1982) addresses concerns about availability of parking during the daytime and in the evening. Staff would point out that Mr. Bergren's request for classroom seminar use is vague. He does not provide any numbers or frequency. He describes the nature of the meetings as business meetings. Would he be training new installers who might franchise for themselves or would it be limited to those in his employ? This might make a difference since the number of people involved, primarily during the daytime, could vary greatly depending upon the nature of the classroom use. A use permit does not require that the Commission make findings, an explanation of the reasons for the decision is adequate. The Planning Commission should hold a public hearing and consider the following conditions: 1. that daytime seminars on the site be limited to business meetings of company employees; 2. that employee training or employee sales seminars in the evening be limited to the total number of employees of the business not to exceed 25, Monday through Friday, 7:30 P.M. to 10:00 P.M.; 3. that no employee meetings on this site would be publicly advertised; 4. that no installation of alarms occur on this site; 5. that five (5) parking spaces be identified specifically for the use of this business; and 6. that this permit be reviewed in nine months time. l' V�l `�(,��" I � VA� !/l�e Margaret Monroe City Planner MM/s---2/7/83 cc: Jim A. Bergren Nick Crisafi _ ', TO: DATE � ciTr �,�. o,a AGENDA BURLINGAME ^ ITEM t � 'A � , ��yf— V � / 1 � � ' � � � � � � M T G . � / � / / H � �b...o ..,... • • D A T E CITY COUNCIL SUBMI TTED BY JANUARY 12, 1983 APPROVED FRonn: CITY PLANNER 6Y S�B,E�T: SPECIAL PERMIT TO HOLD CLASSES IN THE M-1 DISTRICT IN AN OFFICE/WAREHOUSE BUILDING AT 810 BURLWAY ROAD RECOMMENDATION: Council hold a public hearing and make a determination on the applicant's request for a special permit to hold classes in the M-1 District. At the public hearing the following staff conditions should be considered: 1. that daytime seminars on the site be limited to business meetings of company employees; 2. that employee training or employee sales seminars in the evening be limited to the total of the number of employees of the business not to exceed 25, Monday through Frid�y 7:30 P.M. to 10:00 P.M.; 3. that�no employee meetings on this site would be publicly advertised; 4. that no installation of alarms occur on this site; 5. that five parking spaces be identified specifically for the use of this business; and 6. that this permit be reviewed in six months. BACKGROUND: The applicant, Mr. Bergren, requested two special permits from the Planning Commission, one for retail sales of alarm systems in the M-1 zone and one for public sales promotion classes in the M-1 zone. The Planning Commission held a public hearing on his request at their December ],3, 1982 meeting and denied his request 5-2 (Planning Commission minutes December 13, 1982). In his appeal letter of December 28, 1982 Mr. Bergren modifies his request, eliminating the request for a use permit for retail sales, acknowledging he would limit sales of products from the site to "incidental" sales of parts (e.g., less than 5 percent of his gross income). However, in his letter he stated he would like to continue his request for sales seminar and installation training classes on the site. • In the past the city has required use permits for on-site company training classes in the M-1 District. Requiring this use permit is consistent with the previous determinations. The Planning Commission staff report addresses the issues associated with classroom use at this location. Previous city staff comments primarily addressed building and parking requirements for the installation of automobile alarm systems on the site which are no longer being requested. Only the Fire Marshal comm�nted on the classroom use; � -2- and that was to set the maximum occupancy at 25 people. Planning staff comments addressing the classroom use included past enforcement problems and also enforcement associated with "incidental sales" of goods from a premise. The Planning Commission asked that in the staff report a number of factual questions be addressed. Those which are pertinent to the classroom use as defined by the applicant are: all parking shown on the site plan is on property owned by Mr. Crisafi; however, some of it is assigned to the adjacent building. Forty (40) of the spaces in the existing lot are available for the building in which Unit 810 Burlway Road is located. Of the forty spaces the owner has agreed to assign five to Mr. Bergren's business. Currently Mr. Bergren has four employees (counting himself) on-site 8:00 AM to 5:00 PM and four after 5:00 PM. Therefore, five spaces are probably adequate for the current operation. In the evening most of the current tenants of the building do not work, so most of the parking lot would be available. A use permit does not require that the Council make findings. An explanation of the reasons for the decision is adequate. EXHIBITS: - Appeal letter from Mr. Bergren dated December 28, 1982 - December 13, 1982 Planning Commission Minutes - Planning Commission staff report (12/13/82, Item #7) with attachments - Site plans 810 Burlway Road MM/s 1/12/83 cc: Jim A. Bergren Nick Crisafi City Clerk City Attorney RECOMMENDATION: SCHEDULE HEARING FOR JANUARY 17, 1982 , - — IDENTI GU�4 RQ - ;� � = SYSTEIVfS T M. _ _.�� �. •. - For Security J' = - 810 Burlway Road � �,x .. �.� Burlingame, CA 94010 '� --` '�Y" (415) 344-1165 - �.'�; _ � �,, _-_ _ Y�" LICENSE NO. 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In response e� �ec 22 06.110, C. Harvey found this sign exception approved subject to special cond1-it n��e--- re there is no granting of special ' ege, testimony this evening had proven that w ua y less than could be granted ��nder other circumst ^�fierefore not constitute a grant of special privilege�n�-���there are special circumstances 'cable to the subject property_ i�n.-�i�a�Commission has determined the signage be based on a mination t�-a-�-#� i s one bui 1 di ng rather than four sepa rate bui 1 di ngs. Second C. Gi om' ; motion approved on a 6-0 roll call vote, C. Graham absent. Appeal procedures were advised. �7. SPECIAL PERMIT TO ALLOW AN AUTO AND HOME ALARM INSTALLATION SERUICE IN THE M-1 JISTRICT AT 810 BURLWAY ROAD, BY JIM BERGREN OF IDENTI-GUARD SYSTEMS CP Monroe reviewed this request to allow retail sales and promotional classes for auto and home alarm systems in an office/warehouse building in the M-1 zone. Reference staff report dated 12/6/8Z; Project Application & CEQA Assessment received 11/5/82; aerial photograph; November 4 and November 24, 1982 letters from Jim A. Bergren, the applicant; November 8, 19II2 letter from Nick Crisafi, property owner; November 22, 1982 memo from the City Engineer; November 30, 1982 memo from the Chief Building Inspector; November 19, 1982 memo from the Fire Marshal; site drawing; December 3, 1982 memo from Helen Towber, Planner with attached site plan showing present parking arrangement; and plans date stamped November 5, 1982. CP discussed details of the proposed business, noting all installation work would be done off-site, times of proposed seminars and parking provided; staff review; applicant's description of his operation; study session questions as addressed in the staff report; Planning staff comments on the proposed use. Staff recommended against this use permit. If approved three conditions were suggested as listed in the staff report. C. Graham arrived at 9:10 P.M. Jim Bergren, the applic:ant, contended that Identi-Guard was not actually a retail business but rather a marketing company with offices at 810 Burlway offering seminars to teach prosoective customers and offering a more affordable product. It was determined there would be demonstrations for retail customers (seminars were for the public, not salesmen); advertising was described as no on-street advertising, by invitation only, yellow page advertising for identification, robot telephone calls and follow-up, direct mail and cust^���er referral. Available parking for the seminars was discussed as were required use permits: (1) retail sales on-site and (2) classroom use. Chm. Mink opened the public hearing. There were no audience comments and the hearing was closed. Commission discussion: seminar use appears to be secondary to the primary purpose of ti�etailing to the public; applicant confirmed no fee is charged for the seminars; contract order for equipment could be placed at the seminar and equipment would be delivered to and/or installed at the home; it is basically a retail business and could become more so later through advertising. C. Giomi moved to deny this special permit. Second C. Graham; application denied on a 5-2 rall call vote, Cers Cistulli and Garcia dissenting. Appeal procedures were advised. ;;. ?� . T'� _ .,__,..�....., � Burlingame Planning Commission htinutes Page 6 December 13, 1982 CITY PLANNER REPORT � - CP Monroe reported City Council actions and discussion at its December 6, 1982 regular meeting and December 8, 1982 study session. - 1983 Planning Commission Schedule was approved unanimously as submitted by staff. ACKNOWLEDGMENT City Planner report of study of restaurants on Broadway and Sub-Area A(Burlingame Avenue). C. Harvey announced that the next meeting (January 10, 1982) v�ould be his last meeting on the Commission. ADJOURNMENT The meeting adjourned at 9:50 P.M. Respectfully submitted, Harry 5. Graham Secretary P.C. 12/13/82 Item #7 T0: PLANNING COMMISSION FROM: CITY PLANNER SUBJECT: SPECIAL PERMIT FOR A SERVICE/RETAIL BUSINESS AND CLASSES FOR HOME AND AUTO ALARM SYSTEMS IN THE M-1 DISTRICT IN AN OFFICE/WAREHOUSE BUILUING AT 810 BURLWAY ROAD The applicant, Jim Bergren, is requesting a special permit to allow retail sales and promotional classes for auto and home alarm systems in the M-1 District at 810 Burlway Road. The proposal would be to hold sales seminars Monday through Friday evenings from 7:30 P.M. to 10:00 P.M. and in the early afternoon on Saturday (12:30 P.M. to 2:00 P.M.) and Sunday (2:00 P.M. to 4:00 P.M.). On-site retail sales would consist of seminar participants' purchases of products and individuals coming to the site ta buy parts or entire systems. Installation work would be done off-site, with installers/repair men working out of 810 Burlway Road. Initially there would be three employees. The property owner has agreed to assign five parking spaces to this use (letter of November 8, 1982). The applicant will not be remodeling the premises but intends to use them as they are currently improved. City stdff has reviewed the application. The City Engineer (memo November 22, 1982) comments that concerns relate to availability of on-site parking for auto installation. (Applicant is no longer going to install alarms in cars on site.) The Chief Building Inspector (memo November 30, 1982) has no comments. The Fire Marshal (memo November 19, 1982) has no comments so long as alarms are not to be installed in cars on site. The applicant, Mr. Bergren, submitted two letters (November 4 and 24, 1982) describing his operation. He points out in his letter that the property owner is willing to desianate five of the 40 parking spaces on site to his business. This is equivalent to a parking ratio of 1:400 (retail standard) for the 2,000 SF of his leased area. He points out that after 5:00 P.M. weekdays and on weekends there are very few cars in the lot. He indicates that about 25 people attendhis seminars and all are held after 5:00 P.M. or on weekends. His product is home and auto alarm systems, and the seminars on use and installation make these systems more affordable to those who want them. If he had to pay to rent a room for a seminar, then his product would no longer be competitive. The area leased is very suitable for the seminar use with lots of space and restrooms available, and location which is easy to find. The second letter, (November 24) points out that he no longer wishes to include installation of auto alarm systems on the site in the application. He anticipates local advertising of sales and seminars. At the study session Commissioners asked a number of questions: - ownership of drainage easement. A check of the site and the assessor's parcel map confirms that all parking shown on the applicant's plans is on the property owned by Mr. Crisafi. The portion of the drainage ditch easement adjacent to this property is open, and not used for parking. - amount of retail sales and seminar use. Based on his November 24, 1982 letter, the applicant intends the primary use of the site to be for daily seminars of about 25 people and retail sales of alarm systems. The site will also be used by the applicant as a home base for his installers. The alarms will be installed elsewhere. All alarms purchased may not be picked up at 810 Burlway Road; they may be taken by the installers to the site of installation. -2- - the Fire and Building Departments' review. Staff review (see memos) indicate building meets code for proposed seminar (maximum 25 people) - retail use. It did not meet code for automobile installation purposes; but they are no longer requested. - choice of site for mixed use. Applicant's letter of November 24 addresses his reasons for choosing this site including: he already has a lease, good roadway access, available parking, less expensive than renting facilities for seminars, prestigious area and efficiency in operating all of the business operations under one roof. - parking on-site. There are 40 parking spaces in the lot adjacent to 810 Burlway Road not assigned to Gilspar Industries. For daily use five have been assigned to Identi-Guard Systems. There are three persons employed by the company and five daily customers; so five spaces are probably adequate for most occasions. Classes will be held in the evening when other businesses in the building are not working, so the bulk of the 40 spaces on site will probably be available. The City Engineer's concerns about parking when installations were going to be done on site has been elimi�nated by the applicant dropping that portion of his request. Planning staff comments focus more on use. Retail uses have been very difficult to control and enforce in the M-1 zone in the past. After hour classroom uses are also a potential enforcement problem. In addition Ordinance 1234 recently adopted by Council requires a special permit for sale of goods and services at retail which are incidental to primary businesses, and by exclusion prohibits retail sale of goods and services in the M-1 zone when they are not incidental to the primary business (Code Sec. 25.42.030 (g)). With revision of Mr. Bergren's proposal to exclude installation of car alarms on site, the principal business becomes seminars to promote the sale of alarms and sale of alarms on site. Thus it can be considered that sales are no longer "incidental" (± 5% gross annual income of business) to the prima ry activity on site. Based on the above staff recommends against this use permit. The Planning Commission must hold a public hearing and should consider the following conditions at that hearing: 1. that seminars held on the site be limited to a maximum of 25 people Monday through Friday, 7:30 P.M. - 10:00 P.M., Saturdays 12:30 P.M. - 2:00 P.M., and Sundays 2:00 P.M. - 4:00 P.M.; 2. that no installation of alarms occur on site; and 3. that this permit be reviewed in six months time. I���� Y � �IY I `D� Margaret Monroe Ci ty P1 anner MM/s 12/6/82 cc: Jim A. Bergren Nick Crisafi � � .� fn N i� � U N � r U N N � •r +-� � N o L N •r U 3¢ cn•� � > +-� Q� ^ � S. U C +� N •r •r � V1 N S. � ([3 •r -I-� r C � N N •r � -F-� 3 •r � +� o 0 � � r S. � r �---� N N •r [0 I +� i � �"� � •r -N � �o � O � M � � 4- � '� O � QJ p •r • -Nd N N N.� Od' �r U�� ••r � [6 L(i •r � � ^N N U � � � N � RS • N fl.. V1'dU U NN �� � a�� � N Q Cn r (CS � � I U +� +� v t s., cn c -� -D +� o�ao�•� � 3 � � Rs 3 � PROJECT APPLICATION �r CEQA ASSESSMLNT Application received ( 11/5/82 Staff review/acceptance ( . � .. . . . -. {-, _I ,��� `�T" °� 810 BURLWAY ROAD suRunGa►rte 'project address ,;; � STAR CREST OFFICE CENTER �bqw�p' ���-° project name - if any 1. APPLICANT Identi -Guard Systems 344-1165 name telephone no. 810 Burlway Road, Burlingame, CA. 94010 applicant s address: street, city, zip code re President 344-1165 contact person, i different telephone no. 2. TYPE OF APPLICATION Specia.l Perr�it (X X) Variance* () Ccnc�ominium Pernit () Other *Attach letter which addresses each of the 4 findings required by Code Chapter 25.54. 3. PROJECT DESCRIPTION SPECIAL PERMIT to allow d11 alarm installation service and to hold seminars in a 2,000 SF portion of an office- warehouse building in the M-1 district Seminars will be held weekday evenings and on weekend afternoons; home and auto alarm s_vstems will be sold or contracted on site and installed at the o�.�r'S�ramiSA�. Ouf of 40 stalls available 5 on-site parkinq �alls have been assigned by the propertv owner for ldenti-Guard's exclusive use. They also propose to use a siqn located on the (*) (attach letter of explanation if additional space is needed) Ref. code section(s): (25.42.030 ) ( ); Nick Crisafi DBA Peninsula 808 Burlway Road land owner's name roperties a�ur�ingame, CA. 94010 Reouire� Date received city zip code (yes) (no) ( ) Proof of ownership (yes) (no) ( ) Owner's consent to a�plication 4. PROPERTY IDEPJTIFICATION ( 026-111-120 )( Parc�l B� Parc�l(Map.Vol. 17/22 �PN lot no. b�ock no. subdivision name � M-1 � � 31,668 SF . � zcning district land area, square feet 5. EXISTING SITE CONDITIONS 13,460 SF 2-story office-warehouse (5440 SF lst floor, 8020 SF 2nd floor with on-site parking for 70 cars which is shared with the adjacent building occupied by Giltspur. _ Required Date received (yes) �tfb� ( 11/5/82 ) Site plan showing: property lines; public sidewalks and (yes) �} (yes) (no) (yes) (no) (other) curbs; a�l strGctures and improvernents, paved on-site parking; landscaping. ( 1 1� 5� $ 2) Floor plans of all buildings showing: gross floor area by type of us�`on each floor plan. ( — ) Building elevations, cross sections (if relevant). ( _ ) Site cross sectior,(s) (if relevant}. ( 11�5�82 ) lattar g.� p,�n��ndtl9n *Land use classifications are: residential (show # dwelling units); office use; retail sales; restaurant/cafe; manufacturing/repair shop; warehousing; other (to be described). 6. PROJECT PP,�POSAL NO NEW CONSTRUCTION IS PROPOSED Proposed construction, Below orade ( — SF) Second floor ( — SF) gross floor area First floor ( — SF) Third floor ( — Sf) Project Code Project Code Pr000sal Requirement Proposal Requirement Front setback Lot coverage Side setback n 0 C{ld Building height Side yard Landscaoed area Rear yard On-site pkg.spaces 5 �i . . . _.� . _ . 6. PROJECT PROPOSAL fcontinued) Full tir�e emaloyees on site Part tir�e emoloyees on site Visitors/customers (weekday) Visitors/customers (Sat.Sun.) Residents on property Trip ends to/from site* Peak hour trip ends* Trucks/service vehicles EXISTING after 8-5 5 PM 2 0 1 4 5 25 25 0 0 16 58 3 0 1 1 IPl 2 YEARS after 8-5 5 PM 4 0 2 6 5 25 25 0 0 22 --62 — 6 0 2 2 IPl � YEARS after 8-5 5 PM '`Show calculations on reverse side or attach se�arate sheet. 7. ADJACENT BUSINESSES/LAND USES Office and warehouse uses to the south, west and north; hotels, auto rental, restaurants and other services to the east. This use conforms to the General Plan. Required Date received (yes) (no) ( ) Location plan of adjacent proper�;ies. (yes) (no) ( ) Other tenants/firms on property: no. firms ( ) no. employees � ) floor area occupied ( SF office spuce) ( SF' other) no. employee vehicles regularly on site ( ) no. company venicles at this locati�n ( � � 8. FEES Special Permit, all districts $100 ( X) Other application type, 'FPF $ () Variance/R-1,R-2 districts $ 40 () Project Assessment $ 25 !X ) Variance/other districts $ 75 () Negative Declaration '6 25 (X ) Condominium Permit $ 50 () EIR/City & consu'tant fPes `6 ( TOTAL FEES $ 15�.�� RECEIPT N0. 582� Receivec; by A.Sprague I hereby certi true and corre Signature �n der penalt,� of perjury that the information given herein is Eo the be of knowledge and belief. ✓�— � Da te �9�3 nn i rant -�r - � � STAFF USE ONLY � NEGATIVE DECLARATION F;,= No. ND-329P rne c;ty of Burlingame by MARGARET MONROE on ne�emYa�� � ° 1982° completed a review of the proposed project and determined that: ( ) It will not have a significant effect on the environment. ( X) No Environmental Impact Report is required. Reasons for a Conclusion: ThE structure 1S existing; request 1S f0Y' n2W use of 2000 SF±. Project will be required to meet all Fire and �thPr �odP rPa�ir m nt� to ins�rP �afety and use com�atibility No external chanqes to buildinq. Ma.y have minor impact on parking. �/.���„� ��1 ('� CITY PLANNER �2� 3� �Z Sigr�ature of Processin� Official Title Date Signed Unless appealed within 10 days hereof the da.te posted, e deternination shall be final. DECLARATIO^! OF POSTI^JG Date Posted:����J 3, �% O� I declare under penalty of perjury that I ar� City Clerk of the City of Burlingame and that I oosted a t�^ue copy of the above Ne�ative Declaration at the City Hall of said City near the doors to th� Council Chambers. ��'� Executed at Burlingame, California oi� ✓ , 19 v o�, Apoealed: ( )Yes ( ' Jo r ELYPJ H. HILL, CITY CLFR CITY OF BURLINGA ' . � -- -- _ — -- -- -- —�- - � __ — — _ -- -- - � STAFF REVI EW 1. CIRCULFlTION OF APPLICATIOfJ Project proposal/plans have been circulated for review by: date circulated reply received Ci ty Engi neer ( 11/ 10/82 ) (yes) (no) Building Inspector ( " ) (yes) (no) Fire Inspector ( " ) (yes) (no) Park Department ( ) (yes) (no) City Attorney ( ) (yes) (no) memo attached (yes) (no) (yes) (no) (yes) (no) (yes) (no) (yes) (no) 2. SUMMARY OF STAFF CONCERN$/POSSIBLE MITIGATION MEASUP,ES Concerns Mitigation Measures Will there be sufficient on-si parking for the proposed alarm service? Is this use compatible with other uses in the immediate area? Do the plans meet all Fire and Building code requirements? 3. CEQA REQUIREMEPlTS If a Negative Declaration has not been posted for this project: Is the project subject to CEQA review? YeS. See Negative Declaration ND- � If AN EIR IS REQUIRED: Initial Study completed Decision to prepare EIR Notices of preparation mailed RFP to consultants Contract awarded Admin. draft EIR received Draft EIR acce�ted by staff Circulation to other agencies Review site and applicant's 11/4/82 letter. Applicant will have exclusive use of five on- site spaces. Review site and planning policies for this area; make determination. Request comments from the Fire and Building Departments. Study by P.C. Review oeriod ends Public hearing by P.C. Final EIR received by P.C. Certification by Council Decision on project Notice of Determination � � � i � i � ) ) ) � ) � ) 4. APPLICATION STATUS Date first received (11/5/82 ) Accepted as comp1ete: no( ) letter to applicant advising info. required ( ) Yes( ) date __ P.C. study ( /i�-z1�'�) Is application ready for a public hearing? 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