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.
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Y�" LICENSE NO. LA1020
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Burlingame Planning Commission Minutes
Page 5
December 13, 1982
and (2) that the master sign program submitted, date stamped October 29, 1982, be the
basis issuing future sign permits to the businesses at 212-218 California Drive.
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.
;;.
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. 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
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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
�
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)
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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? (yes (no) Recommended date (i �� /����)
Date staff report mailed to aoplicant ( l� k��) Date Commission hearing (��//3/i52}
�- �
Application approved ( ) Denied (� Appeal to Counci (yes) � (no)
Date Council hearing (;/�—�/ �� ) Apolic ion a�d ( Denied ( )
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