HomeMy WebLinkAbout851 Burlway Road - Staff ReportCity of Burlingame
Conditional Use Permit for an Incidental Food Establishment
Address: 851 Burlway Road, Suite 900
Item No. 8c
Regular Action Item
Meeting Date: June 24, 2019
Request: Application for Conditional Use Permit for a new incidental food establishment in an existing multi-
use commercial building.
Applicant and Architect: Koichi Paul Nii, Nii Architects
Property Owner: Elie Mehrdad
General Plan: Bayfront Commercial
APN: 026-112-130
LotArea: 81,763 SF
Zoning: IB
Environmental Review Status: The project is Categorically Exempt from review pursuant to the California
Environmental Quality Act (CEQA), per Section 15301 - Existing facilities, Class 1(a) of the CEQA Guidelines,
which states that interior or exterior alterations involving such things as interior partitions, plumbing, and
electrical conveyances are exempt from environmental review.
Previous Use: Storage/Warehouse
Proposed Use: Incidental food establishment (Mr. Teriyaki)
Allowable Use: Incidental food establishment with approval of a Conditional Use Permit
Background: There are two commercial buildings on the subject property, including the main office building
(Kahala Tower) and accessory building being utilized as storage/warehouse. The main office building was built in
1964 and the storage building was added in 1984. There was a proposed addition to the main office building in
1999 which included a request for a Parking Variance and Conditional Use Permit; the project application was
approved but was never built since the approval expired and became invalid.
The applicant is proposing to convert a portion of the first floor of the storage building into an incidental food
establishment. Mr. Teriyaki is an existing restaurant in Burlingame currently located in the same zoning district
at 801 Mahler Road. They are seeking a larger restaurant space and to relocate to the subject property, if
approved.
Summary: The applicant, Koichi Paul Nii, representing Mr. Teriyaki, is requesting approval of a Conditional Use
Permit to operate an incidental food establishment at 851 Burlway Road, Suite 900, zoned IB. A Conditional Use
Permit is required because the proposed incidental food establishment varies from the criteria established in
Code Section 25.43.020 (e) (see discussion further in staff report).
The food establishment will contain customer seating, a kitchen, storage area and restrooms. The proposed food
establishment will have approximately 500 SF of indoor customer seating. Th� proposed tenant space measures
approximately 1,500 SF in area.
The proposed restaurant will be open for lunch and dinner during the weekdays and dinner on Saturdays. In his
letter date stamped February 8, 2019 (see attached), the applicant notes that "the new restaurant shall continue
to serve the area as the current restaurant's location is nearby."
An incidental food establishment in the IB zoning district is permitted by-right if they meet all of the following
criteria, per Code Section 25.43.020 (e): is not the primary use within a multi-use building, limited to 1,500 SF in
floor area (at least 15 feet in length and 15 feet in width), has operation hours between 6 AM to 5 PM (weekdays
only, no weekends), does not sell alcoholic beverages, and provides required parking. A Conditional Use Permit
is required in this case because 1) the incidental food establishment is proposed to be open laterthan 5 PM and
Conditional Use Permits 851 Burlway Road, Suite 900
on Saturdays and 2) the operator would like to sell alcoholic beverages.
The proposed food establishment would operate on weekdays Monday through Friday from 11:00 AM to 3:00
PM for lunch and 5:00 PM to 8:30 PM for dinner. They would also be open on Saturdays for dinner only during
the hours of 5:00 PM to 8:30 PM. The restaurant will have five full-time employees on the weekdays and on
Saturdays. There is no expected increase to the number of employees in the next five years. At opening, the
applicant projects up to 75 customers per day on weekdays and 25 customers on Saturday evenings. In the
future, the applicant expects that the number of customers will increase to 85 customers per day on the
weekdays and remain the same of amount of customers on Saturday evenings. A maximum of 15 people are
expected on site at any one time, including the owner, employees and customers.
The following application is required:
■ Conditional Use Permit for a new incidental food establishment in an existing multi-use commercial
building that varies from the following criteria (C.S. 25.43.020 (�:
- is open later than 5 PM and open on Saturdays; and
- sells alcoholic beverages.
With this application, there are no changes proposed to the front fa�ade of the existing building, therefore this
project is not subject to Commercial Design Review.
Off-Street Parking: There are a total of 154 on-site parking spaces with an existing parking demand of 218
spaces for both the main office building and accessory storage building. Therefore, the existing parking on-site is
nonconforming. With the proposed application, there is an intensification of use resulting in an overall proposed
parking demand of 224 spaces. Specifically for the proposed tenant space, the existing parking demand
(storage/warehouse use) is 5 parking spaces and the proposed parking demand with the incidental food
establishment use is 11 parking spaces, for a difference of 6 additional parking spaces.
The applicant is proposing to restripe the front portion of the existing parking lot in order to add six additional
code compliant parking spaces and bring the overall number of parking spaces on-site to 160 spaces. Please
refer to the table below for a breakdown of the uses and parking required on-site.
851 Burlway Road, Suite 900
Lot Area: 81,763 SF Plans date stamped: June 13, 2019
EXISTING PROPOSED ALLOWED/REQ'D
Office Building Office Building
63,895 SF /(1:300 SF) = 63,895 SF /(1:300 SF) = 212.98 ;
212.98
Storaqe Buildinq
Use : Storage Building Storage
5,000 SF/(1:1,000 SF) = 5 3,500 SF/(1:1,000 SF) = 3.5 nonconforming
Restaurant
1,500 SF/(1:200 SF) = 7.5
2
Conditional Use Permits
851 Burlway Road, Suite 900
Parking: 218 spaces required for entire 224 spaces required for entire 6 additional spaces
site; 5 spaces required for site; 11 spaces required for required for intensification
storage building storage building of use
Tota/ On-Site 154 spaces 160 spaces 224 spaces (for entire
Parking: site, including proposed
use)
Staff Comments: The Planning Division would note that this application was brought directly to the Planning
Commission as a Regular Action Item since the applicant is proposing to add additional parking spaces to
comply with their parking requirement due to intensification of use, and there are no changes proposed to the
building fa�ade that requires Commercial Design Review. However, if the Commission feels there is a need for
more discussion, this item may be placed on a future action calendar for a second review and/or public hearing
with direction to the applicant.
Required Findings for a Conditional Use Permit: In order to grant a Conditional Use Permit for a full service
food establishment, the Planning Commission must find that the following conditions exist on the property (Code
Section 25.52.020 a-c):
(a) the proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or
convenience;
(b) the proposed use will be located and conducted in a manner in accord with the Burlingame general plan
and the purposes of this title;
(c) the Planning Commission may impose such reasonable conditions or restrictions as it deems necessary
to secure the purposes of this title and to assure operation of the use in a manner compatible with the
aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general
vicinity.
Suggested Findings for a Conditional Use Permit: That the proposed business is an incidental use relative to
the other uses on the site; that the use is compatible with the surrounding office and industrial uses in the zoning
district and with the General Plan; that the required off-street parking for the change in uses will be provided on
site; and that there are no proposed exterior changes to the building that will impact the streetscape or
surrounding businesses. For these reasons the project may be found to be compatible with the requirements of
the City's Conditional Use Permit criteria.
Planning Commission Action: The Planning Commission should conduct a public hearing on the application,
and consider public testimony and the analysis contained within the staff report. Action should include specific
findings supporting the Planning Commission's decision, and should be affirmed by resolution of the Planning
Commission. The reasons for any action should be stated clearly for the record. At the public hearing the
following conditions should be considered:
that the project shall be built as shown on the plans submitted to the Planning Division date stamped
June 13, 2019, sheets C1 through P4.1;
2. that this business location to be occupied by an incidental food establishment, with 500 SF of on-site
(indoor) customer seating area, may not expand its tenant space beyond 1,500 SF in gross floor area;
3
Conditional Use Permits 851 Burlway Road, Suite 900
3. that the 500 SF area of on-site (indoor) seating of the incidental food establishment shall be enlarged or
extended to any other areas within the tenant space or outdoors by an amendment to this conditional use
permit;
4. that this food establishment shall provide trash receptacle(s) as approved by the city consistent with the
streetscape improvements and maintain all trash receptacle(s) at the entrances to the building and at any
additional locations as approved by the City Engineer and Fire Department;
5. that the business shall provide litter control and sidewalk cleaning along all frontages of the business and
within fifty (50) feet of all frontages of the business;
6. that there shall be no food sales allowed at this location from a window or from any opening within 10' of
the property line; and
7. that the project shall meet all the requirements of the California Building Code and California Fire Code,
in effect at the time of building permit submittal, as amended by the City of Burlingame, and that failure to
comply with these conditions or any change to the business or use on the site which would affect any of
these conditions shall require an amendment to this use permit.
`Amelia Kolokihakaufisi
Associate Planner
c. Koichi Paul Nii, Nii Architects, applicant and architect
Elie Mehrdad, property owner
Attachments:
Application to the Planning Commission
Applicant's Letters of Explanation, date stamped February 8, 2019
Conditional Use Permit Application
Commercial Application
Planning Commission Resolution (Proposed)
Notice of Public Hearing — Mailed June 14, 2019
Area Map
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February 8, 20 I 9
Letter ofi Expianation
Project at 851 Burlway #900, Burlingame, Ca,
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ihe application and enclosed plans are requesting for conditional use permit. The
project is to convert existing office/s�orage space to a resta�rant. The
application request for approval of conditional use as follows:
1. To operate a restaurant after 5pm.
2. To serve alcohol at said restaurant.
3. To make an amendment to an existing use permit. The arnendment is to
allow the conversion of an existing covered parking space into restaurant
space. This was a conditian of approva� #2 in letter dated 4/6/1999 and is
enclosed for your referer�ce as weil.
The proposed new restaurant shall cantinue to ser�e the area as the current
restaurant's location is nearby. The use permit v�rould ber�efit �he surraundir�g
�rea to enjoy �he restaurant while meeting parking require€�r�ents.
Sincerely,
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Koichi Pau�C Nii, Project Archiiect
1376 East 27th Street, Oakland, Ca, 9asos
T 510-533-7270 F 510-533-4214 E oaul@niiarchitects.com
Ciry of Burlingame • Communiry Development Department • 501 Primrose Road • P(650) 558-7250 • F(650) 696-3790 • www.burlinqame.orq
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CITY OF BURLINGAME
CONDITIONAL USE PERMIT APPLICATION
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The Planning Commission is required by law to make findings as defined by the City's
Ordinance (Code Section 25.52.020). Your answers to the following questions can assist the
Planning Commission in making the decision as to whether the findings can be made for your
request. Please type or write neatly in ink. Refer to the back of this form for assistance with
these questions.
1. Explain why fhe proposed use at the propos�d location will not be detrimental or
injurious to property or improvements in the vicinity or to public health, safety,
general welfare or convenience.
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2. How will the proposed use be located and conducted in accordance with the
Burlingame General Plan and Zoning Ordinance?
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3. How will the proposed project be compatible with the aesfhetics, mass, bulk and
character of the existing and potential uses on adjoining properties in the general
vicinity?
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Rev 06.2007 Handouts\Conditional Use Permit App.2007.FORM
City of Burlingame • Community Development Department • 501 Primrose Road • P(650) 558-7250 • F(650) 696-3790 • www.burlinQame.orq
1. Explain why the proposed use at the proposed /ocafion will not be detrimental
o� inj�rirus to �roperty or improverrren�s in th� vicinity �r t� p�blie healt�i,
safety, general welfare or convenience.
How will the proposed structure or use within the structure affect neighboring properties or structures on those properties? If
neighboring properties will not be affected, state why. Think about traffic, noise, lighting, paving, landscaping sunlight/shade,
views from neighboring properties, ease of maintenance.
Why will the structure or use within the structure not affect the public's health, safety or general welfare?
Public hea/th includes such things as sanitation (garbage), air quality, discharges into sewer and stormwater systems, water
supply safety, and thing which have the potential to affect public health (i.e., underground storage tanks, storage of chemicals,
situations which encourage the spread of rodents, insects or communicable diseases).
Public safetv. How will the structure or use �vithin the structure affect police or fire protection? W ill alarm systems or sprinklers
be installed? Could the structure or use within the structure create a nuisance or need for police services (i.e., noise, unruly
gatherings, loitering, traffic) or fire services (i.e., storage or use of flammable or hazardous materials, or potentially dangerous
activities like welding, woodwork, engine removal).
General welfare is a catch-all phrase meaning community good. Is the proposal consistent with the city's policy and goals for
conservation and development? Is there a social benefit?
Convenience. How would the proposed structure or use affect public convenience (such as access to or parking for this site or
adjacent sites)? Is the proposal accessible to particular segments of the public such as the elderly or handicapped?
2. How will fhe proposed use be /ocated and conducted in accordance with the
Burlingame General Plan and Zoning Ordinance?
Ask the Planning Department for the general plan designation and zoning district for the proposed project site. Also, ask for an
explanation of each. Once you have this information, you can compare your proposal with the stated designated use and
zoning, then explain why this proposal would fit accordingly.
3. How will fhe proposed project be compatible with the aesthetics, mass, bulk
and character of the existing and potenfial uses on adjoining properties in fhe
general vicinity?
How does the proposed structure or use compare aesthetically with existing neighborhood? If it does not affect aesthetics,
state why. If changes to the structure are proposed, was the addition designed to match existing architecture, pattern of
development on adjacent properties in the neighborhood? If a use will affect the way a neighborhood or area looks, such as a
long term airport parking lot, compare your proposal to other uses in the area and explain why it fits.
How does the proposed structure compare to neighboring structures in terms of mass or bulk? If there is no change to the
structure, say so. If a new structure is proposed, compare its size, appearance, orientation, etc. with other structures in the
neighborhood or area.
How will the structure or use within the structure change the character of the neighborhood? Think of character as the image
or tone established by size, density of development and general pattern of land use. Will there be more traffic or less parking
available resulting from this use? If you don't feel the character of the neighborhood will change, state why.
How wili the proposed project be compatible with existing and potential uses in the general vicinity? Compare your project with
existing uses. State why you feel your project is consistent with other uses in the vicinity, and/or state why your project would
be consistent with potential uses in the vicinity.
Rev 06.2007 Handouts\Conditional Use Permit App.2007.FORM
Community Development Dept. ■ 501 Primrose Road ■ Burlingame, CA 94010 ■ P:650.558J250 ■ F:650.696.3790 ■ www.burlinqame.org _��,i
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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 Permits for a new incidental food establishment in an existing buildinq, operation
hours, and sale of alcoholic beveraqes at 851 Burlwav Road, Zoned IB, Elie Mehrdad, propertv owner,
APN: 026-112-130;
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on June
24, 2019, at which time it reviewed and considered the staff report and all other written materials and
testimony presented at said hearing;
NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that:
On the basis of the Initial 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 - Existing facilities, Class 1(a) of the CEQA
Guidelines, which states that interior or exterior alterations involving such things as interior
partitions, plumbing, and electrical conveyances are exempt from environmental review, is
hereby approved.
2. Said Conditional Use Permits are approved subject to the conditions set forth in Exhibit "A"
attached hereto. Findings for such Conditional Use Permits are set forth in the staff report,
minutes, and recording of said meeting.
3. It is further directed that a certified copy of this resolution be recorded in the official records of
the County of San Mateo.
Chairperson
I, , 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 24th dav of June, 2019, by the following vote:
Secretary
EXHIBIT "A"
Conditions of Approval for Categorical Exemption and Conditional Use Permit
851 Burlway Road
Effective July 5, 2019
that the project shall be built as shown on the plans submitted to the Planning Division
date stamped June 13, 2019, sheets C1 through P4.1;
2. that this business location to be occupied by an incidental food establishment, with 500
SF of on-site (indoor) customer seating area, may not expand its tenant space beyond
1,500 SF in gross floor area;
3. that the 500 SF area of on-site (indoor) seating of the incidental food establishment shall
be enlarged or extended to any other areas within the tenant space or outdoors by an
amendment to this conditional use permit;
4. that this food establishment shall provide trash receptacle(s) as approved by the city
consistent with the streetscape improvements and maintain all trash receptacle(s) at the
entrances to the building and at any additional locations as approved by the City
Engineer and Fire Department;
5. that the business shall provide litter control and sidewalk cleaning along all frontages of
the business and within fifty (50) feet of all frontages of the business;
6. that there shall be no food sales allowed at this location from a window or from any
opening within 10' of the property line; and
7. that the project shall meet all the requirements of the California Building Code and
California Fire Code, in effect at the time of building permit submittal, as amended by the
City of Burlingame, and that failure to comply with these conditions or any change to the
business or use on the site which would affect any of these conditions shall require an
amendment to this use permit.
. CITY OF BURLINGAME
COMMUNITY DEVELOPMENT DEPARTMENT
BURLINGAME 501 PRIMROSE ROAD
l BURLINGAME, CA 94010
�� �'+��` �� _-= . PH: (650) 558-7250 • FAX: (650) 696-3790
www.burlingame.org
Site: 851 Burlway Road
The City of Burlingame Planning Commission announces the
following public hearing on MONDAY, JUNE 24, 2019 at
7:00 P.M. in the City Hall Council Chambers, 501 Primrose
Road, Burlingame, CA:
Application for Conditional Use Permits for a new food
establishment, operation hours, and sale of alcoholic
beverages.
851 Burlway Road zoned IB. APN 026.112.130
Mailed: June 14, 2019
(Please re%r fo other side)
PUBLIC HE�lRING
NOTICE
CITY OF BURLINGAME
501 PRIMROSE RD
BURLINGAME, CA 94010
City of Burlinpame
A copy of the application and plans for this project may be reviewed prior to
the meeting at the Community Development Department at 501 Primrose
Road, Burlingame, California.
If you challenge the subject application(s) in court, you may be limited to
raising only those issues you or someone else raised at the public hearing,
described in the notice or in written correspondence delivered to the city at or
prior to the public hearing.
Property owners who receive this notice are responsible for informing their
tenants about this notice.
For additional information, please call (650) 558-7250. Thank you.
Kevin Gardiner, AICP
Community Development Director
PUBLIC HEARING NOTICE
(Please refer fo other side)
851 Burlway Road
300' noticing
APN #: 026.112.130
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2018 Rent Roll - 851 Burlway
Tenant's Name Unit # S. Foot Office use
U PS SO
MunchBox 100 404 Cafe
TAXSQUAD 101 489 Tax services
Sincere Company 103 450 Law Office
Go Life Global Netork 108 1417 general office use
Dr Lightner 166 1409 Chiropractor
The Computer Guy's 168 1555 Computer
Parveen Maheshwari 201 518 Accounting
Guo Chen / Members Title (Sublessor) 202 1492 Real estate
Paragon Accounting Solution, LLC 203 607 Accounting
AM World Express 205 250 general office use
Alberto Aquino, CPA 206 443 Accounting
Trex Corporation 207 410 Wholesale
Law office of Jason Honaker 208 388 Law Office
Bernard Luk 209 493 Accounting
M.F. Muurray Companies, Inc 211 331 general office use
Corporation 215 930 general office use
QuesGen Systems, Inc 216 1914 general office use
Pantazis & Associates 217 331 Construction
Roar Logistics, Inc 300 1232 general office use
Tang & Lee LLP 301 861 Accounting
California Metal Trades 302 478 general office use
Wind of Change Enterprises 303 743 general office use
Farmers Insurance Agency 305 497 Financial
Asia lnternational 306 718 general office use
Transfusion Medicine Asso 308 1196 general office use
Qinyu Wang 309 454 Accupuncture
Playful Thinking 311 550 general office use
Eva Kwong 316 814 Accupuncture
Morrical Insurance 318 512 Insurance
TREX Corp Inc 400 1380 general office use
Ricars Rent A Car 403 331 General Office use
Spano Law Group 407 240 Lawyer
Cesar Gerardo Insurance 408 1440 Insurance
Clarence Matsui 409 250 general offce use
Aridcare 413 393 Non-Profit
Omelagah, Inc. 416 1076 General Office use
Melanie Villanueva 418 1046 Real Estate
Barbara Cauley / Joanne Rossi 421 580 Non-Profit
Ro Health, Inc. 422 718 Staffing company
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Jacob Shapiro 500 589 Lawyer
Lifetime Lending 501/503 1518 Real estate
Whole sale flights 502-510 3600 Travel
Health Horizon 505 528 Home Health - Office use
Mike Mahmoudian 519 750 Engineers
Family Generation Inc. 523 1076 general Office use
Complete Tax solutions 600 1472 Tax company
Resolution Strtegies,lnc 601 698 General Office use
Carlink Home Health 602 982 Home Health - Office use
Patricia Yee 605 331 Accounting
Rico Delodovici 607 331 General Office use
Carelink Home Health 608/610 1876 Home Health - Office use
Fusion Link, Inc 609 497 general Office use
David M. Moon 611 535 general Office use
Home Health Resource Group 618 1076 general Office use
GM Restaurant Reporting 628 360 General Office use
Kahala LLC 700 2054 Real estate Investment
Property Management 705 548 Property Management
Siavash Bakhtiari 706 250 General Office use
Vista Bay Capital LLC 708 260 General Office use
Habitat 710 1000 Architect
Carol Ludwing 711 1771 Physical Therapy
Arvin Fong 716 250 General Office use
Charles Fetterman 728 746 Property Management
Sabaj Inc 800 1735 Construction
Devore & Associates 900A 1423 general Office use
William Chan & Rod Chin 900B 1179 General Office use
54173