HomeMy WebLinkAbout824-826 Cowan Road� -- r
City of Burlingame
Amendmenf to Conditional Use Permit
Address: 824 Cowan Road
Item No. 8d
Regular Action
Meeting Date: August 27, 2018
Request: Application for Amendment to a Conditional Use Permit to increase the size of an existing incidental
food establishment to more than 1,500 SF (New England Lobster Co.).
Applicant and Architect: Una Kinsella, UMK APN: 024-390-210
Property Owner: Marc Worrall, New England Lobster Co., Inc. Lot Area: 31,819 SF
General Plan: Industrial and Office 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.
Current Use: O�ce, warehouse, and incidental food establishment for New England Lobster Company.
Proposed Use: Same as current use; increase the size of the existing incidental food establishment.
Allowable Use: Incidental food establishment that is more than 1,500 SF with approval of a Conditional Use
Permit Amendment.
History: On May 23, 2011, the Planning Commission approved a Conditional Use Permit for an office,
storage/warehouse and incidental food establishment (kitchen, retail, and seating area) at 824-826 Cowan
Road. After being in operation for approximately one year, the applicant requested to amend the Conditional
Use Permit to allow increased hours of operation and alcoholic beverage sales for the incidental food
establishment portion of the business. This amendment was approved on September 10, 2012.
Project Description: The applicant, representing New England Lobster Company, is requesting approval of an
amendment to the Conditional Use Permit granted in May, 2011 to increase the size of the existing incidental
food establishment to more than 1,500 SF at 824 Cowan Road, zoned IB.
New England Lobster occupies both buildings on the site. There are no proposed changes to 826 Cowan Road,
the building at the rear of the property is used for warehouse/storage. The building at the front of the site, 824
Cowan Road, currently contains a mix of uses including 6,145 SF of warehouse at the rear of the building, and
2,355 SF of office and 1,500. SF of incidental food establishment (including kitchen, retail, and seating areas) at
the front of the building. The company operations on the site include a wholesale supply and shipping use in the
warehouse portions of the buildings, as well as office and incidental food establishment uses in the building at
824 Cowan.
The applicant notes that the office po�tion of the 824 Cowan Road building is underutilized and that there is a
demand to increase the incidental food establishment business. The current application request is to amend the
Conditional Use Permit to increase the size of the incidental food establishment in the building from 1,500 SF to
3,750 SF. Interior tenant improvements are proposed that will convert a total of 2,250 SF of existing office and
warehouse space to be part of the existing 1,500 SF kitchen, seating area, and retail space, for a proposed
3,750 SF of incidental food establishment.
W ith the proposed changes, the main use on the site will remain warehouse/storage for the wholesale business.
The warehouse/storage use on the site is proposed to be decreased from 75.4% to 71.5% and the office use is
proposed to be decreased from 14.9% to 5%. The incidental food establishment is proposed to be increased
from 9.5% to 23.8%.
The existing parking on the site is non-conforming, with 25 parking spaces required for the existing uses where
there are 18 existing on-site parking spaces. The parking area is accessed by an entry driveway at the right side
of the property and vehicles exit using the driveway at the left side of the property, which includes a 10'-4"
recorded easement with the property at 836 Cowan Road. Per C.S. 25.43.080(c), incidental food establishments
r .. �
Amendment to Conditional Use Permif 824 Cowan Road
(those that are not the primary use of the building) located within the IB District shall provide parking on-site at
the rate of one parking space for every three hundred (300) square feet of gross floor area of food establishment
use. The proposed change in uses in the building require two (2) additional on-site parking spaces. The
applicant proposes to re-stripe the existing parking areas between the buildings on the site to create two new
parking spaces, so that the on-site parking will total 20 spaces.
All previously approved operational criteria for the Conditional Use Permit are proposed to remain the same,
including the hours of operation for the incidental food establishment (open seven days a week from 10 a.m. to 9
p.m.) and the a sale of alcoholic beverages (Type 41- On-Sale Beer and Wine). The numberof employees is not
regulated in the conditions of approval, however the applicant anticipates that with the proposed changes, the
number of employees will increase from 12 during the weekdays and 6 on the weekends to approximately 17
during the weekdays and 15 on the weekends.
There are no proposed exterior changes to any of the buildings or to the existing landscaping on the site. The
applicant is requesting the following application:
■ Amendment to Conditional Use Permit to allow an incidental food establishment that is not the primary
use of the building and does not meet the criteria of C.S. 25.44.020(e)(3); the food establishment is
proposed to be increased to more than 1,500 SF (C.S. 25.44.030)(f).
824 Cowan Road
Lot Area: 31,819 SF
EXISTING
Uses:
Office, warehouse,
storage and incidental
food establishment
PROPOSED
Plans date stamped:
st 3. 2018
ALLOWED/REQUIRED
no change : Office, warehouse, storage and incidental
food establishment permitted
Size of - 1,500 SF `� 3,750 z : Incidental food establishment is permitted
Incidental Food ; ; up to 1,500 SF; over 1,500 SF is
Esfablishment : � permitted with approval of a Conditional
. Use'Permit
Application for amendment to Conditional Use Permit to increase the size of an incidental food establishment
to more than 1,500 SF (C.S. 25.43.030 (fl). �
Staff Comments: The Division comments included in the attachments will be addressed during the Building
Permit application. Planning staff would note that because this application request is for an amendment to an
existing Conditional Use Permit and because required parking is being provided on site, the application was
placed directly on the action calendar. 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.
Findings for a Conditional Use Permit: In order to grant a Conditional Use Permit, the Planning Commission
must find that the following conditions exist on the property (Code Section 25.52.020, a-c):
(a)
(b)
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;
The proposed use will be located and conducted in a manner in accord with the Burlingame general plan
and the purposes of this title;
-2-
,� . _ ' ti
Amendment to Conditional Use Permit
824 Cowan Road
(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
viciniry.
Suggested Conditional Use Permit Findings: That the proposed uses are the same as the approved
conditional uses on the site, with the food establishment remaining an incidental use relative to the other uses on
the site; that the uses are compatible with the surrounding office and industrial uses in the zoning district and
with the Burlingame 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:
1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped
August 3, 2018, sheet A1, including 20 on-site striped parking spaces and a maximum 3,750 SF of
incidental food establishment;
2. that the incidental food establishment may not be open for business except during the hours of 10:00
a.m. to 9:00 p.m., seven days a week and that any change to the hours of operation which exceeds the
maximums as stated in these conditions shall require an amendment to this Conditional Use Permit;
3. that the Conditional Use Permit to expand the hours of operation of an incidental food establishment
shall apply only to the incidental food establishment and shall become void if it replaced by a permitted
use, is ever expanded, demolished or destroyed by catastrophe or natural disaster or for replacement;
4. that the conditions of the Chief Building Official's August 7, 2018, memo an the Engineer's August 22,
2018, memo shall be met;
5. that interior demolition or removal of the existing structures on the site shall not occur until a building
permit has been issued and such site work shall be required to comply with all the regulations of the Bay
Area Air Quality Management District;
6. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which
requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan
and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall
require a demolition permit; and
7. that any improvements for the use shall meet all California Building and Fire Codes, 2016 Edition, as
amended by the City of Burlingame.
Erika Lewit
Senior Planner
c. Marc Worrall, applicant
-3-
t'.. a
Amendment to Conditional Use Permit
Attachments:
• Application to the Planning Commission
• Conditional Use Permit Forms
• Supplemental Form for Commercial Applications
• Applicant's Letter of Explanation
• Staff Comments
• Planning Commission Resolution (Proposed)
• Notice of Public Hearing — Mailed August 17, 2018
• Address Map
824 Cowan Road
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SITE � ZONING DATF
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ZONE - INNER BAYSHORE DISTRICT • IB
CON3TRUCTION TYPE - TYPE ill / B
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OCCUPANCY- BLDG 828 (REAR BUILDING
LOT SIZE- H• 31,818 af 4(FRONT BU�LDINC
EXISTINO LOT COVERAGE -
EXISTINO BUILDIN4 828 FOOTPRINT
E�OSTINO BUILDINO 824 FOOTPRIN7
Totsl exlstlnp Lol Covxape
2012 BUILDINO 828 ADDITION
TOTAL PROPOSED FLOOR AREA
FLOOR AREA THRESHOLD - SOY. max or 15
EXISTINO BUILDINO 828 FLOOR AREA
EJOSTIN4 BUILDING 824 ROOR AREA
Total existlnp Fbor Area
2012 BU�LDINO 824 ADOITiON
TOTAL PROPOSED LOT COVERAGE
EXISTINO BUILD'O HEIGNTS
EXISTINO BUILDINO 828 (roar) 20'-6" H-
2012 ADDRIONHEIGHT-11'-6'+,
EXISTIN4 BUILDING 824 (fronl) 22'-0' +!-
OCGUPANT LOAD CALWLATIONS
BUII.DINO 828 / REAR BU�LDINO
BIDO 828 - FOOD PROCESS'O F-1
BLD6 62E ADDfTION F-7
BUILDINO 624 / FRONT BU�LDINO
STORAGE S2 5,854 SF l300 LOAI
OFFICE B 872 SF /700 LOA[
KITCHEN M1 481 SF /200 LOAD
CAFE/DININf3 M2 2,558 SF H6 LOAC
repu4es 2 msara o( exil (over 49 occup�
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PARKING CALCUL
EXISTINO PARKING ■ 25 SPACES RE�'D `
(APPROVED NON-CONFORMINO CONDIT
EXISTING PARKING DEMAND
WarehouseJStorage uses:
826 Cowan = 7,715 SF / 1,000
824 Cowen a 8,000 SF / 1,000
Kitchen / Retail ! Food estab�(shment
826 Cowan a 0
824 Cowan =1,500 SF / 300 :
Office uses:
826 Cowan = 0
824 Cowan = 2,385 SF / 300 :
Total F
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PROPOSED PARKING DEMAND I�
828 Cowan - No change to o>
824 Cowan - Interior changea
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826 Cowan - No change to exfstfi
824 Cowan -
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office area to allow for additlor
and improved flow within kitch
- Expand Restaurant space ir
- Reconfigure 8 expand o�a
- Improve parking by adding
City of Burlingame
Amendment to Conditional Use Permit
Address: 824 Cowan Road
Item No.
Action Item
Meeting Date: September 10, 2012
Request: Amendment to Conditional Use Permit to increase the hours of operation and add sales of alcoholic
beverages to an existing incidental food establishment (New England Lobster Co.).
Applicant and Property Owner: Marc Worrall, New England Lobster Co., Inc.
General Plan: Industrial and Office
APN: 024-390-210
LotArea: 31,819 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.
Current Use: Office, warehouse, storage and incidental food establishment for New England Lobster
Company.
Proposed Use: Same as current use; increase hours of operation and add sales of alcoholic beverages.
Allowable Use: Incidental food establishment with sales of alcoholic beverages with approval of a Conditional
Use Permit Amendment.
History: On May 23, 2011, the Planning Commission approved a Conditional Use Permit to vary from the criteria
for operating an incidental food establishment (New England Lobster Company) allowing the business to operate
seven days a week from 10 a.m. to 7 p.m. (zoning code allows 10 a.m. to 5 p.m. on weekdays; no operation
allowed on weekends) (see attached May 23, 2011 Planning Commission Minutes). A building permit was
issued on December 1, 2011, and construction is nearing completion.
Project Description: The applicant, Marc Worrall, representing New England Lobster Company, is requesting
approval of an Amendment to the Conditional Use Permit granted in May, 2011 to 1) increase the hours of
operation and 2) add sales of alcoholic beverages to the previously approved incidental food establishment at
824 Cowan Road, zoned IB.
New England Lobster now occupies both buildings on the site and contains an office, warehouse and storage
uses to support the business. In addition to the wholesale business, the applicant will soon begin operating an
incidental food establishment (cafe) in the front corner of the building to offer fresh lobster, crab and deli services
to the public (approved with a Conditional Use Permit in May, 2011). The cafe measures approximately 1,500
SF in area, including the kitchen (1,500 SF inaximum allowed in an incidental food establishment). With this
application, there are no changes proposed to the floor plans; the previously approved plans have been included
for reference.
The previously approved Conditional Use Permit allowed the cafe to be open seven days a week from 10 a.m. to
7 p.m. The applicant is now applying for a Conditional Use Permit Amendment to increase the hours of
operation to 9 p.m., seven days a week in order to serve guests staying in nearby hotels, as well as employees
working in nearby businesses. The applicant would also like to offer beer and wine with the customer's meal; a
Conditional Use Permit is required for sales of alcoholic beverages in an incidental food establishment. The
applicant is requesting the following applications:
■ Application forAmendment to Conditional Use Permit to increase the hours of operation, from 10:00 a.m.
to 7:00 p.m., seven days a week to 10:00 a.m. to 9:00 p.m., seven days a week (C.S. 25.43.030 (fl); and
Application for Amendment to Conditional Use Permit to add sales of alcoholic beverages at an
incidental food establishment (C.S. 25.43.030 (fl).
Conditional Use Permii Amendment
824 Cowan Road
824 Cowan Road
Lot Area: 31,819 SF
EXISTING I PROPOSED ALLOWED/REQUIRED
Use: Office, warehouse, no change Office, warehouse, storage
storage and incidental and incidental food
food establishment establishment permitted
_�........,._ _..�__�.�.�...�...........—..�.....� .................__..�_..............._..._..._............�....�_.____.._.�.__.___._�_..._��.__..— .._.._..�.� _._.���.
Hours of 7 days a week 7 days a week 7 days a week
Operafion for 10 a.m. to 7 p.m. 10 a.m. to 9 p.m.' 10 a.m. to 7 p.m.
Incidental Food
Esfablishmenf: (based on approval of (based on approval of
Conditional Use Permit Conditional Use Permit in
inMay, 2011) _. .__�...��....�._._�._... .__.�._ .....�..�....... _. �. �.__ .. May, 2011�..........���_�_.
Sa/es ofAlcoholic none Sales of alcoholic Sales of alcoholic
Beverages: beverages 2 beverages with approval of
(Type 41 - On-Sale Beer a Conditional Use Permit
and Wine for Bona Fide
Eatin Place
' Application forAmendment to Gonditional Use Nermit to increase tne nours or operanon, rrom �i u:uu a.m. io
7:00 p.m., seven days a week to 10:00 a.m. to 9:00 p.m., seven days a week.
� Application for Amendment to Conditional Use Permit to add sales of alcoholic beverages at an incidental
food establishment (C.S. 25.43.030 (�).
Determination of Public Convenience or Necessity: On July 18, 2012, the applicant submitted a letterto the
Community Development Department requesting a Determination of Public Convenience or Necessity, as
required by the Department of Alcoholic Beverage Control (ABC) (attached). Staff would note that if the
Conditional Use Permit Amendment is recommended to the City Council for approval, this application will then
be forwarded to City Council for review and determination that the public convenience and necessity would be
served by the issuance of a Type 41 (On-Sale Beer & Wine - Eating Place) alcohol sales license. Attached you
will find a memo from Police Captain Mike Matteucci, dated August 13, 2012, concerning Police Department
Recommendation in support of the ABC License Application.
Staff Comments: Planning staff would note that since this application includes a minor increase in the hours of
operation and to add sales of alcoholic beverages at an existing incidental food establishment, the application
was placed directly on the action calendar. 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.
Findings for a Conditional Use Permit: In order to grant a Conditional Use Permit, 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.
2
Conditional Use Permii Amendment
824 Cowan Road
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. Since the application requires a
Finding of Public Convenience and Necessity by the City Council, the Planning Commission's action on the
Amendment to Conditional Use Permit is a recommendation. At the public hearing the following conditions
should be considered for recommendation to the Ciry Council (changes are shown in italics and strikethroughs):
1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped
May 12, 2011, sheet A1;
2. that the incidental food establishment may not be open for business except during the hours of 10:00
a.m. to �:9A-�- 9:00 p.m., seven days a week and that any change to the hours of operation which
exceeds the maximums as stated in these conditions shall require an amendment to this Conditional Use
Permit;
3. that the Conditional Use Permit to expand the hours of operation of an incidental food establishment
shall apply only to the incidental food establishment and shall become void if it replaced by a permitted
use, is ever expanded, demolished or destroyed by catastrophe or natural disaster or for replacement;
4. that the conditions of the Chief Building Official's April 21, 2011 memo, the Fire Marshal's May 2, 2011
memo, the City Engineer's April 25, 2011 memo, the Park Supervisor's April 26, 2011 memo and the
NPDES Coordinator's April 21, 2011 memo shall be met;
5. that interior demolition or removal of the existing structures on the site shall not occur until a building
permit has been issued and such site work shall be required to comply with all the regulations of the Bay
Area Air Quality Management District;
6. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which
requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan
and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall
require a demolition permit; and
7. that any improvements for the use shall meet all California Building and Fire Codes, 2010 Edition, as
amended by the City of Burlingame.
Ruben Hurin, Senior Planner
c. Marc Worrall, New England Lobster Company, applicant and property owner
Attachments:
May 23, 2011 Planning Commission Minutes
Application to the Planning Commission
Conditional Use Permit Application
Commercial Application
Inter-Department Memo from Police Captain, dated August 13, 2012
Request for Determination of Public Convenience and Necessity, letter dated July 18, 2012
Notice of Public Hearing — Mailed August 31, 2012
Aerial Photo
3
CITY OF BURLINGAME PLANN/NG COMMISSION — Approved Minutes May 23, 2091
6. 824-826 COWAN ROAD, ZONED IB — APPLICATION FOR CONDITIONAL USE PERMIT TO VARY
FROM THE CRITERIA FOR OPERATING AN INCIDENTAL FOOD ESTABLISHMENT (HOURS OF
OPERATION) (UNA KINSELLA, APPLICANT AND ARCHITECT; MARC. M. WORRALL TR, PROPERTY
OWNER) STAFF CONTACT� RUBEN HURIN
Reference staff report dated May 23, 2011, with attachments. Community Development Director Meeker
presented the report, reviewed criteria and staff comments. Seven (7) conditions were suggested for
consideration.
Questions of staff:
None.
Chair Yie opened the public hearing.
Marc Worrall, 170 Mitchell Avenue, South San Francisco; represented the applicant.
Commission comments:
Asked where the additional parking is to be located. (Meeker — noted that the parking is non-
conforming, no additional parking is required.)
Are the businesses in the area open on the week-end? Will there be the need for additional
parking? (Worrall — should be sufficient; other businesses are not necessarily open on the week-
ends. The cafe is primarily set up for take-out.)
Asked if there will be retail at the location? (Worrall — yes.)
Public comments:
None.
There were no further comments and the public hearing was closed.
CommissionerAuran moved to approve the application, by reso/ution, with the following conditions:
1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped
May 12, 2011, sheet A1;
2. that the incidental food establishment may not be open for business except during the hours of
10:00 a.m. to 7:00 p.m., seven days a week and that any change to the hours of operation which
exceeds the maximums as stated in these conditions shall require an amendment to this Conditional
Use Permit;
3. that the Conditional Use Permit to expand the hours of operation of an incidental food establishment
shall apply only to the incidental food establishment and shall become void if it replaced by a
permitted use, is ever expanded, demolished or destroyed by catastrophe or natural disaster or for
replacement;
4. that the conditions of the Chief Building Official's April 21, 2011 memo, the Fire Marshal's May 2,
2011 memo, the City Engineer's April 25, 2011 memo, the Park Supervisor's April 26, 2011 memo
and the NPDES Coordinator's April 21, 2011 memo shall be met;
9
CITY OF BURLINGAME PLANN/NG COMMISSION — Approved Minutes May 23, 2011
5. that interior demolition or removal of the existing structures on the site shall not occur until a building
permit has been issued and such site work shall be required to comply with all the regulations of the
Bay Area Air Quality Management District;
6. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which
requires affected demolition, new construction and alteration projects to submit a Waste Reduction
plan and meet recycling requirements; any partial orfull demolition of a structure, interiororexterior,
shall require a demolition permit; and
7. that any improvements for the use shall meet all California Building and Fire Codes, 2010 Edition, as
amended by the City of Burlingame.
The motion was seconded by Commissioner Vistica.
Discussion of motion:
None.
Chair Yie called fora voice vote on the motion to approve. The motion passed 7-0-0-0. Appeal procedures
were advised. This item concluded at 8:53 p.m.
10
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COMMUNITY DEVELOPMENT DEPARTMENT • 501 PRIMROSE ROAD • BURLINGAME, CA 94010
p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org
APPLICATION TO THE PLANNING COMMISSION
Type of application:
� Design Review ❑ Variance I�
� Conditional Use Permit ❑ Special Permit ❑
PROJECT ADD
Parcel #: � 24— 3� D— 21 O
Other:
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APPLICANT project contact person ❑
Payor of DSR deposit/handling fee ❑
OK to send electronic copies of documents ❑
Name: �'.� � c G'�%r r o ll
Address: 1�1.3 `� l"q5 ��G`�� ��'
City/State/Zip: , �J� ��S 2� �'� � �q ����`�
PROPERTY OWNER project contact person ❑
Payor of DSR deposit/handling fee ❑
OK to send electronic copies of documents �
Name:
A dress: ��� "� e
City/ ate/Zip:
Phone: ��J J. � � �' �� Phone:
Fax: ,��U ��� � �� O ..Z
E-mail: ��4�< <w i���o �v5 /�� !%'� ��
ARCHITECT/DESIGNER pro�ect contact Person ❑
Payor of DSR deposiUhandling fee ❑
OK to send electronic copies of documents ❑
Name
Address: �v 3�
City/State/Zip: `�
Phone: �l�
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PROJECT DESCRIPTION: /�- �`-�S �%� � ��j
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AFFADAVIT/SIGNATURE: I hereby certify under penalty of perjury that the information given herein is true and correct to the
best of my knowledge and belie
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Applicant's signature:� � lC d � � @ L Date: � � ` � /�
I am aware of the proposed application an �reby authoriz the above�applicant to submit this application to the Planning
Commission. � �� ._ L� ���
Property owner's signature: �� Date: �
Date submitted: �' � 2' 12—
Fax:
E-mail:
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* Verification that the project architect/designer has a valid Burlingame business license will be required by the
Finance Department at the time application fees are paid. S:�HANDOUTS�PCApplication.doc
This Space for CDD
StafF Use Only
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Project Description:
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Key:
Abbreviation. �: Term
CUP Conditional Use Permit
DHE Declining Height Envelope
DSR Desi n Review
E Existing
N New
SFD Sin le Family Dwelling
SP Special Permit
City of Burlingame • Community Development Department • 501 Primrose Road • P(650) 558-7250 • F(650) 696-3790 • www.burlinqame.orp
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CONDITIONAL USE PERMIT APPLICATIO��`�"
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CCD-i'IANNiNG DI`/.
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.
�.
2.
Explain why the 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 conve ience. � �� ��� T� ��r c9 d��
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How will the proposed use be located and conducted in accordance with the �,
Burlingame Genera/ Plan and Zoning Ordinance? � �` �`s ��� �`P �� �
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3. How will the proposed project be compatible with the aesthetics, mass, bulk and
character of the existing and potential uses on adjoining properties in the general
vicinity? � T ��<</ ,g� �,��'✓� i��/J l � � /��'�` � c•�'`�- �
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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 locafion wiU not be detrimenfal
or injurious to property or improvements in the vicinity or to public health,
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 health 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 within the structure affect police or fire protection? Will 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, eng�ne 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 located 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 the proposed project be compatible with the aesthetics, mass, bulk
and character of the exisfing and potential uses on adjoining properties in the
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. W ill 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 will 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 HandoutslConditional Use Permit App.2007.FORM
Community Development Dept. ■ 501 Primrose Road ■ Burlingame, CA 94010 ■ P:650.558.7250 ■ F:650.696.�T°9a:�'in+vGuv:buriin4ame�tsrp�,,
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BURL,�� COMMERCIAL APPLICATION JUN l 2 2i;�:��
� PLANNING COMMISSION APPLICATION SUPPLEMENTAL FORM
.� -- CITY CF E3URLINGA.��r=
1. Proposed use of the sitey��%r/4 � T �'1 � ��S �J�g � � ' ��r�-P�,��°�';�`�'-''';�
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2. Days and hours of operation /1�0� � - � ,,--�c
3. Number of trucks/service vehicles to be parked at site (by type)
4. Current and projected maximum number of employees (including owner) at this location: $
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Hours of Before After Before After Before After
Operation 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 pm
Weekdays
Full-time � ,5� � � �
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5. Current and projected maximum number of visitors/customers who may come to the site:
Hours of
Operation
Weekdays
Weekends
Before
5:00 pm
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6. What is the maximum number of people expected on site at any one time (include owner, employees and
visitors/customers): ! �
7. W ere do/will the n r and employees park?�
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8. Where do/will the customers/visitors park?
9. Present or most recent use of site ��y ��
10. List other tenants on pro
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, their number of employees, hours of operation (attach a list if more room is
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Commercial Application.doc
BURLINGAME POLICE DEPARTMENT
Memorandum
To: William Meeker, Community Development Director
From: Mike Matteucci, Police Captain
Cc: Edward Wood, Chief of Police
Subject: Determination of Public Convenience or Necessity for 824 Cowan Road (New
England Lobster Company)
Date: August 13, 2012
New England Lobster Company, a full service specialty restaurant, requests approval of a Finding of
Public Convenience and Necessity (FOPCN) to allow an alcoholic beverage license (Type 41) to sell beer
and wine for on-site consumption. The Alcohol Beverage Control Board (ABC) enforces the licensing of
alcoholic retailers regulated by State Law under Section 23958 of the Business and Professional Code.
ABC will deny any application if issuance of the license will create a law enforcement problem or if
issuance will result in or add to an undue concentration of licenses.
New England Lobster Company is located at 824 Cowan Road in the City of Burlingame and is in Census
Tract #6051, which roughly consists of the Broadway, Rollins Road, and Bayshore Highway area. There
are currently 39 total licenses in this Census Tract (32 on-sale licenses and 7 off-sale licenses). ABC
limits the amount of ofF-sale licenses per tract (limit of 4); however, they do not limit the amount of on-
sale licenses per tract.
The phrase "public convenience and necessity" is not defined in either the Alcohol Beverage Control Act
provisions of the State Business and Professions Code or in the ABC guidelines. Other than the number
and location of licensed alcohol premises, the Burlingame Police Department used the following factors
to determine the level of support for a finding of "public convenience and necessity":
A review of the police related calls at New England Lobster Company were non-existent as this is
a new business.
A review of police calls within the past year for the other 39 licensed establishments in this
Census Tract are as follows:
• Benihana (1496 Bayshore Hwy): 48 total calls (2 were disturbance and/or alcohol
related)
• Earth Beams Natural Foods (1399 Broadway): 4 total calls (0 were disturbance
and/or alcohol related)
• El Torito (1590 Bayshore Hwy): 41 total calls (3 were disturbance and/or alcohol
related)
• Village Host Pizza (1201 Broadway): 6 total calls (1 was disturbance and/or
alcohol related)
• Young's Liquor (1408 Broadway): 4 total calls (2 were disturbance and/or
alcohol related)
• Behan's Irish Pub (1327 Broadway): 16 total calls (6 were disturbance and/or
alcohol related)
• Max's Opera House Cafe (1250 Bayshore Hwy): 1 total call (0 were disturbance
and/or alcohol related)
• Hyatt Regency Hotel (1333 Bayshore Hwy): 276 total calls (10 were disturbance
and/or alcohol related)
• Weimax Wines & Spirits (1178 Broadway): 4 total calls (0 were disturbance
and/or alcohol related)
• Gulliver's Restaurant (1699 Bayshore Hwy): 7 total calls (0 were disturbance
and/or alcohol related)
• Yakiniku (1204 Broadway): 4 total calls (0 were disturbance and/or alcohol
related)
• Bua Thong Kitchen (1320 Broadway): 0 calls
• Marriott Hotel (1800 Bayshore Hwy): 122 total calls (6 were disturbance and/or
alcohol related)
• Grace Garden Restaurant (1200 Broadway): 7 total calls (0 were disturbance
and/or alcohol related)
• Caribbean Gardens (1306 Bayshore Hwy): 19 total calls (6 were disturbance
and/or alcohol related)
• Broadway Deli (1431 Broadway): 1 total call (0 were disturbance and/or alcohol
related)
• Broadway Prime (1316 Broadway): 4 total calls (0 were disturbance andlor
alcohol related)
• Aji Yoshi Ya (1190 Broadway): 1 total call (0 were disturbance and/or alcohol
related)
• Elephant Bar (1600 Bayshore Hwy): 54 total calls (5 were disturbance and/or
alcohol related)
• Burlingame Foods (1236 Broadway): 0 calls
• Fandorin (1492 Bayshore Hwy): 11 total calls (4 were disturbance and/or alcohol
related)
• Mivan (1232 Broadway): 7 total calls (0 were disturbance and/or alcohol related)
• Cafe Figaro (1318 Broadway): 4 total calls (1 was disturbance and/or alcohol
related)
• Francesco's Deli & Cafe (840 Stanton Rd): 4 total calls (0 were disturbance
and/or alcohol related)
• Broadway Grill (1400 Broadway): 16 total calls (1 was disturbance and/or
alcohol related)
• Denpo America (1533 Bayshore Hwy): 3 total calls (0 were disturbance and/or
alcohol related)
• Sahaara Restaurant (1130 Broadway): 47 total calls (42 were disturbance and/or
alcohol related)
• Joe's Cafe by the Bay (1669 Bayshore Hwy A): 0 calls
• Ristorante Rocca (1205 Broadway): 5 total calls (0 were disturbance and/or
alcohol related)
• Shabu House (1150 Paloma Ave): 18 total calls (12 were disturbance and/or
alcohol related)
• Coucou Japanese Cuisine (1355 Broadway): 1 total calls (0 were disturbance
and/or alcohol related)
• Il Piccolo Cafe (1219 Broadway): 11 total calls (1 was disturbance and/or alcohol
related)
f�a
• Walgreens (1160 Broadway): 72 total calls (5 were disturbance and/or alcohol
related)
• Big Joe's Cafe (1251 Broadway): 3 total calls (0 were disturbance and/or alcohol
related)
• R&M Broadway 76 (1480 Broadway): 14 total calls (3 were disturbance and/or
alcohol related)
• Metro Restaurant (1136 Broadway): 5 total calls (0 were disturbance and/or
alcohol related)
• Mokutanya (1155 California Dr G): 5 total calls (2 were disturbance and/or
alcohol related)
• Cuisine Style (1755 Rollins Rd): 0 calls
The surrounding area primarily consists of commercial businesses and hotels (there is no
residential housing, aparhnents, parks, or schools in the area).
CONCLUSION:
New England Lobster Company is a full service specialty restaurant requesting the on-sale of beer and
wine to compliment their lobster and crab dishes. The police department feels that this request will not
over saturate the area with on-sale licenses, and therefore we have no reason to deny the request.
3
New England Lobster Co., Inc.
824 Cowan Road, Burlingame, CA 94010
Phone:650-873-9000 Fax:650-873-9002
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City of Burlingame , � U �- �- � �j �� �� �?
Community Development — Planning Division
Attn: Mr. William Meeker, Community Development Director Gi?�Y �� r:=�^t �i�`�.'r'�,;:�,�;
501 PrimroseRoad C��-=';�"1i�i•ai:�:�:;; aE�'.
Burlingame, CA 94010-3997
Re: Renuest for Determination of Public Convenience or Necessitv for New En�land Lobster Companv,
Inc Located at 824 Cowan Road Burlin�ame, CA 94010
Dear Mr. Meeker,
This letter serves to inform you that New England Lobster Company, Inc. has applied for a Type-41 (Application
no.41-523154) for the on-sale of wine and beer at its restaurant located at 824 Cowan Road, Burlingame, CA
94010 (New England L,obster Market & Eatery).
We have been informed by the Department of Alcoholic Beverage Control that a determination of public
convenience or necessity is required by the City of Burlingame is a condition of the issuance of this license.
Section 23958.4 (b) 2) of the California Business and Professional Code provides the issuance of an on-sale beer
and wine-Eating Place license
"if the local governing body of the area in which the applicant premises are located, or its
designated subordinate officer or body, determines within 90 days of notification of a
completed application that public convenience or necessity would be served by issuance. The
90-day period shall commence upon receipt by the local governing body of (a) notification by
the deparhnent of an application of licensure, or (b) a completed application according to local
requirements, if any, whichever is later."
We respectfully request that the City of Burlingame determine that a Type-41 On-Sale Beer & Wine — Eating
Place at New England Lobster Company, Inc. will serve public necessity.
I. Proiect Description
The on-sale of beer and wine will compliment the lobster and crab dishes. We are a specialty restaurant with a
very unique menu, which includes the following items:
I.obster Rolls
Shrimp Rolls
Crab Rolls
Whole cooked Maine Lobster
Whole cooked Dungeness Crab
Clams, Mussels & Oysters
Fish & Chips
I.obster Corn Chowder Soup
Crab & Clam Chowder Soup
II. The On-Sale Beer & Wine-Eatin� Place will serve public convenience or necessitv
It is anticipated the customers who currently shop at New England Lobster Company will enjoy the added benefit
of being able to drink beer and wine with seafood meals. There is not a restaurant with this type of concept in
our area. We are going to have a similar concept of a small restaurant on a wharf in Maine with a very simple
menu that is priced right. It is the expectation of New England I,obster Company, Inc. that the issuance of an
On-Sale Beer & Wine-Eating Place will have no adverse effects on the surrounding community in terms of
excess traffic. and deliveries to the store.
III. The On-Sale Beer & Wine-Eatin� Place at New Ensland Lobster Companv is consistent with
adiacent uses.
New England Lobster Company is located near 5 major hotels; Westin, Hyatt, Marriott, Aloft and Hilton. We
anticipate that many of these tourists will come in to buy lunch or an early dinner and would enjoy a glass of
wine or a beer with their meal.
IV. The On-Sale Beer & Wine Eating Place will not have a detrimental impact on the
surroundin� area.
So as to make certain there remains minimal disruption to surrounding neighborhoods. New England Lobster
Company has taken preemptive measures to ensure that the on-sale of beer and wine at its location will be
handled in a responsible and conscientious manner. Detailed policies and procedures on responsible beverage
service endorsed by management are already in place and will be strictly enforced.
5ome of these policies are as follows:
• Employees must undergo training prior to wine tasting being made available to New England Lobster
Company.
• Each employee that serves on-sale beer and wine must submit a signed policy acknowledgement
indicating that they have been trained and understand all issues related to the responsible beverage
service. These include, but are not limited to the following:
• Alcohol and legal issues
• Identification Checking
• Handling of difficult customers
• Signs of intoxication
• Designated drivers
• How alcohol effects the body
• Identifying and handling problem situations
• Minors and fake identifications
• Under-aged employees will not be allowed to handle the selling, stocking or serving of alcoholic
beverages.
Training will be provided by the manager of New England Lobster Company, utilizing the information supplied
from Responsible Serving of Alcoholic Beverages, Complete Staff Training Course for Bars and Restaurants.
The Responsible Serving of Alcoholic Beverages training course provides management and liquor service staff
knowledge and awareness necessary to responsibly serve alcohol in a licensed premises. Implementation of this
training will help ensure that the on-sale service of beer and wine will not be detrimental to residents, shoppers or
other businesses in the vicinity of New England Lobster Company.
IV. Conclusion
In conclusion with being granted the Type 41 Beer and Wine license we feel that the sale of beer and wine will
not be a detrimental to the residents, shoppers, or other businesses in the vicinity of New England Lobster
Company. We feel that Beer and Wine will be a convenience to our customers who enjoy a reasonably priced
seafood lunch or dinner. We are committed to providing this convenience in a safe and conscientious manner,
with minimal disruption of the surrounding neighborhood.
Per ABC requests, we are attaching Form ABC-245, information and Instructions — Section 23958.4 B&P and a
detail floor plan, indicating the proposed beer and wine sale area.
Please feel free to contact me should you require further information.
Very iruly yours,
�,�j��
G=�-��-�(,:�-��
Marc Wonall, President
New England Lobster Company
824 Cowan Road
Bwlingame, CA 94010
(650)873-9000
JUL-17-2012 00�05 ABC—OAKLAND
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LICENSED PREMISES DiAGF2A{VI {R�TAIL)
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1,
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1. APPLICANT NAME (Last, firat, oWdCle) 2. UCENBE'�'PE
Ncw Bhgland Lubstel', lnc. ��uY� �'Cype 41 �� _
3. RiiEMISEB ADPRE55 (Sl�eol npnwc!And nomo, city, zip codej �� �� 4, �NEAREST CROSS STREE7
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824 C:ow�n Rd. E3uclin�ame, CA 94014 � _ .�..,TM_ _ � Airporl Blvd. __,_�`K,Y^. Y"Y�
7'he diagratn beiow is a true aiic{ corrccC dcscription of the entrances, ex�its, interior walls and exteri��•
boiindan�s of lhc prctnises to be licensed, includinh di1�l.ensiansund ic.�entlfic:ution qfeach roorn (i.e., "sloreroorn",
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�lt�is her�by dccl�Yred that the ala�vc-dcscribed buund�t'ies, entrances and pl�tned �neration asWindicatcd an the
revers� side, will not be ck�an�ed without [irs� natifyin� and sec:uring }�rior wriiCcn a.pproval of the I7eparttrtent of
AlGoholic I3everage C'ontral. I declare under pc:nalty�c�f p�rjury that the foregoi�l� is true and correat.
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UATE SIGNED
APPUCJtIVTS4�NA�RE (On�^ B � �q�l ���� ,+��.,,,. . 1 � ��
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CEI�TIFIED CORRFL`7 ($ign�lurol � PNINT4
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INSPECTION DATF
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Department of Alcoholic Beverage Control ,
APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S)
ABC 211 (6/99)
State of California
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TO:Department of Alcoholic Bevei�age Control File Number: 523154 �� �� ��'��
1515 CLAY ST Receipt Number: 2118899
STE 2208 Geographical Code: 4103 �
OAICLAND, CA 94612 Copies'Mailed Date: June 22, 2012
(510) 622-4970 Issued Date:
D.ISTRICT SERVING LOCATION: SAN FRANCISCO
First Owner:
Name of Business:
Location of Business:
NEW ENGLAND LOBSTER CO., INC
NEW EIVGLAND LOBST�R MARKET
824 COWAN RD.
BURLINGAME, GA 94010-1205
County: SAN MATEO
Is Preniise inside city limits? Yes
Mailing Address:
(If different fi•om
preinises address)
Census Tract 6051.00
Type of license(s): 41
Transferor's license/name: Dropping Partner: Yes No
License Type Transaction Type Fee Type . Master Dup Date Fee
41 - On-Sale Beer And Wine ANNUAL FE� NA Y 0 06/22/12 $350.00
41 -On-Sale Beer And Wine ORIGINAL FEES NA Y 0 06/22/12 $300.00
NA FEDERAL FiNGERf'RINTS NA N 2 06/22/12 $48.00
NA STATE FINGGRPRINTS NA N 2 06/22/12 $78.00
Total $77G.00
Have you ever Ueen convicted of a felony? No
Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the
Department pertaining to the Act? No
Explaiu any °Yes" answer to the above questions on an attachment whicli shall be deemed parl of this application.
Applicant agrees (a) that any manager employed in an on-sale licensed premises will have all the qualifications of
a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic
Beverage Control Act. '
STATE OF CALIFORNIA County of SAN MATEO Date: June 22, 2012
Under penaln� of perjur}�, each person �vhose signature appears below, certifies and sa��s: (1) He is an applicant, or one of the applicants, or an executive officer
of [he applicant corporation, named in the foregoing application, duly authorized to make this application on its behalf; (2) that he has read the foregoing and
kno�vs the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicanls h�s any direct
or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the transfer
application or proposed transfer is not made to satisfy the payment of a loan or Yo fulfill an agreement entered into more than ninery (90) days preceding the day
on which the trausfer appiication is filed with the Department or to gain or establis6 a preference to or for auy creditor or transferor or to defraud or injure any
creditor of transferor; (5) that the transfer application may be withdra�ai by either the applicant or the licensee with no resulting liabiliry to the De�artment.
Effective July 1, 2012, Assembly Bill No. 1424, authorizes the St�te Bo�rd of Equaliz�tion and the rr�nchise Tax Bo�rd to share taxp�yer
information with Deparhnent of Alcoholic Beverage Control. The Department may suspeud, revolce, and refuse to issue a license if the licensce's
name appears in thc 500 targest tax dclinyucncies IisL (Assembly Bill No. 1424, Chaptcr 455)
Applicant Nanle(s)
NEW ENGLAND LOBSTER CO., INC
Applicant Signature(s)
See 211 Signature Page
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. CITY OF BURLINGAME
� ' COMMUNITY DEVELOPMENT DEPARTMENT
BURLINGAME 501 PRIMROSE ROAD ��`�;��'�.����� =�
; ,,, U BURLINGAME, CA94010 ��,� ,�t-• � " � _
-' '°��;; PH: (650) 558-7250 � FAX: (650) fi96 �790 "�=:� �;•
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Site: 824 COWAN ROAD
The City of Burlingame Planning (ommission announces the
following public hearing on MONDAY, SEPTEMBER 10,
2012 at 7:00 P.M. in the City Hall Council Chambers, 501
Primrose Road, Burlingame, CA:
Application for Amendment to Conditional Use Permit to
increase the hours of operation and add sales of alcoholic
beverages to nn existing incidental food establishment at
824 tOWAN ROAD zoned IB. APN 024-390-210
Mailed: August 31, 2012
(Please refer to other side)
G�L"�u2���3��
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PU�LIC HEAI�IiNG
IVOTICE
Cit� of Burlinc�ame
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.
William Meeker
Community Development Director
PUBLIC HEARING IdOTICE
(Please refer to other side)
City of Burlingame
Amendment to Conditional Use Permit
Address: 824 Cowan Road
Item No.
Action Item
Meeting Date: September 10, 2012
Request: Amendment to Conditional Use Permit to increase the hours of operation and add sales of alcoholic
beverages to an existing incidental food establishment (New England Lobster Co.).
Applicant and Property Owner: Marc Worrall, New England Lobster Co., Inc.
General Plan: Industrial and Office
APN: 024-390-210
Lot Area: 31,819 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.
Current Use: O�ce, warehouse, storage and incidental food establishment for New England Lobster
Company.
Proposed Use: Same as current use; increase hours of operation and add sales of alcoholic beverages.
Allowable Use: Incidental food establishment with sales of alcoholic beverages with approval of a Conditional
Use Permit Amendment.
History: On May 23, 2011, the Planning Commission approved a Conditional Use Permit to vary from the criteria
for operating an incidental food establishment (New England Lobster Company) allowing the business to operate
seven days a week from 10 a.m. to 7 p.m. (zoning code allows 10 a.m. to 5 p.m. on weekdays; no operation
allowed on weekends) (see attached May 23, 2011 Planning Commission Minutes). A building permit was
issued on December 1, 2011, and construction is nearing completion.
Project Description: The applicant, Marc Worrall, representing New England Lobster Company, is requesting
approval of an Amendment to the Conditional Use Permit granted in May, 2011 to 1) increase the hours of
operation and 2) add sales of alcoholic beverages to the previously approved incidental food establishment at
824 Cowan Road, zoned IB.
New England Lobster now occupies both buildings on the site and contains an office, warehouse and storage
uses to support the business. In addition to the wholesale business, the applicant will soon begin operating an
incidental food establishment (cafe) in the front corner of the building to offer fresh lobster, crab and deli services
to the public (approved with a Conditional Use Permit in May, 2011). The cafe measures approximately 1,500
SF in area, including the kitchen (1,500 SF inaximum allowed in an incidental food establishment). With this
application, there are no changes proposed to the floor plans; the previously approved plans have been included
for reference.
The previously approved Conditional Use Permit allowed the cafe to be open seven days a week from 10 a.m. to
7 p.m. The applicant is now applying for a Conditional Use Permit Amendment to increase the hours of
operation to 9 p.m., seven days a week in order to serve guests staying in nearby hotels, as well as employees
working in nearby businesses. The applicant would also like to offer beer and wine with the customer's meal; a
Conditional Use Permit is required for sales of alcoholic beverages in an incidental food establishment. The
applicant is reguesting the following applications:
■ Application forAmendment to Conditional Use Permit to increase the hours of operation, from 10:00 a.m.
to 7:00 p.m., seven days a week to 10:00 a.m. to 9:00 p.m., seven days a week (C.S. 25.43.030 (fl); and
Application for Amendment to Conditional Use Permit to add sales of alcoholic beverages at an
incidental food establishment (C.S. 25.43.030 (�).
Conditional Use Permit Amendment 824 Cowan Road
824 Cowan Road
Lot Area: 31,819 SF
EXISTING � PROPOSED ALLOWED/REQUIRED
Use: Office, warehouse, no change Office, warehouse, storage
storage and incidental and incidental food
food establishment establishment permitted
Hours of 7 days a week 7 days a week 7 days a week
Operaiion for 10 a.m. to 7 p.m. 10 a.m. to 9 p.m. ' 10 a.m. to 7 p.m.
Incidental Food
Establishment: (based on approval of (based on approval of
Conditional Use Permit Conditional Use Permit in
in May, 2011) ��� Ma , 2011
Sa/es ofAlcoholic none Sales of alcoholic Sales of alcoholic
Beverages: beverages Z beverages with approval of
(Type 41 - On-Sale Beer a Conditional Use Permit
and Wine for Bona Fide �
Eatin Place
' Application forAmendment to Conditional Use Permit to increase the hours of operation, from 10:00 a.m. to
7:00 p.m., seven days a week to 10:00 a.m. to 9:00 p.m., seven days a week.
z Application for Amendment to Conditional Use Permit to add sales of alcoholic beverages at an incidental
food establishment (C.S. 25.43.030 (fl).
Determination of Public Convenience or Necessity: On July 18, 2012, the applicant submitted a letter to the
Community Development Department requesting a Determination of Public Convenience or Necessity, as
required by the Department of Alcoholic Beverage Control (ABC) (attached). Staff would note that if the
Conditional Use Permit Amendment is recommended to the City Council for approval, this application will then
be forwarded to City Council for review and determination that the public convenience and necessity would be
served by the issuance of a Type 41 (On-Sale Beer & Wine - Eating Place) alcohol sales license. Attached you
will find a memo from Police Captain Mike Matteucci, dated August 13, 2012, concerning Police Department
Recommendation in support of the ABC License Application.
Staff Comments: Planning staff would note that since this application includes a minor increase in the hours of
operation and to add sales of alcoholic beverages at an existing incidental food establishment, the application
was placed directly on the action calendar. 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.
Findings for a Conditional Use Permit: In order to grant a Conditional Use Permit, 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, rnass, bulk and character of existing and potential uses on adjoining properties in the general
vicinity.
2
Conditional Use Permit Amendment
824 Cowan Road
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. Since the application requires a
Finding of Public Convenience and Necessity by the City Council, the Planning Commission's action on the
Amendment to Conditional Use Permit is a recommendation. At the public hearing the following conditions
should be considered for recommendation to the City Council (changes are shown in italics and strikethroughs):
1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped
May 12, 2011, sheet A1;
2. that the incidental food establishment may not be open for business except during the hours of 10:00
a.m. to �As-�:�: 9:00 p.m., seven days a week and that any change to the hours of operation which
exceeds the maximums as stated in these conditions shall require an amendment to this Conditional Use
Permit;
3. that the Conditional Use Permit to expand the hours of operation of an incidental food establishment
shall apply only to the incidental food establishment and shall become void if it replaced by a permitted
use, is ever expanded, demolished or destroyed by catastrophe or natural disaster or for replacement;
4. that the conditions of the Chief Building Official's April 21, 2011 memo, the Fire Marshal's May 2, 2011
memo, the City Engineer's April 25, 2011 memo, the Park Supervisor's April 26, 2011 memo and the
NPDES Coordinator's April 21, 2011 memo shall be met;
5. that interior demolition or removal of the existing structures on the site shall not occur until a building
permit has been issued and such site work shall be required to comply with all the regulations of the Bay
Area Air Quality Management District;
6. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which
requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan
and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall
require a demolition permit; and
7. that any improvements for the use shall meet all California Building and Fire Codes, 2010 Edition, as
amended by the City of Burlingame.
Ruben Hurin, Senior Planner �
c. Marc Worrall, New England Lobster Company, applicant and property owner
Attachments:
May 23, 2011 Planning Commission Minutes
Application to the Planning Commission
Conditional Use Permit Application
Commercial Application
Inter-Department Memo from Police Captain, dated August 13, 2012
Request for Determination of Public Convenience and Necessity, letter dated July 18, 2012
Notice of Public Hearing — Mailed August 31, 2012
Aerial Photo
�3
CITY OF BURLINGAME PLANNING CQMM/SSION — Approved Minutes May 23, 2019
6. 824-826 COWAN ROAD, ZONED IB — APPLICATION FOR CONDITIONAL USE PERMIT TO VARY
FROM THE CRITERIA FOR OPERATING AN INCIDENTAL FOOD ESTABLISHMENT (HOURS OF
OPERATION) (UNA KINSELLA, APPLICANT AND ARCHITECT; MARC. M. WORRALL TR, PROPERTY
OWNER) STAFF CONTACT: RUBEN HURIN
Reference staff report dated May 23, 2011, with attachments. Community Development Director Meeker
presented the report, reviewed criteria and staff comments. Seven (7) conditions were suggested for
consideration.
Questions of staff:
None.
Chair Yie opened the public hearing.
Marc Worrall, 170 Mitchell Avenue, South San Francisco; represented the applicant.
Commission comments:
Asked where the additional parking is to be located. (Meeker — noted that the parking is non-
conforming, no additional parking is required.)
Are the businesses in the area open on the week-end? Will there be the need for additional
parking? (Worrall — should be sufficient; other businesses are not necessarily open on the week-
ends. The cafe is primarily set up for take-out.)
Asked if there will be retail at the location? (Worrall — yes.)
Public comments:
None.
There were no further comments and the public hearing was closed.
CommissionerAuran moved to approve the application, by resolution, with the following conditions:
1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped
May 12, 2011, sheet A1;
2. that the incidental food establishment may not be open for business except during the hours of
10:00 a.m. to 7:00 p.m., seven days a week and that any change to the hours of operation which
exceeds the maximums as stated in these conditions shall require an amendment to this Conditional
Use Permit;
3. that the Conditional Use Permit to expand the hours of operation of an incidental food establishment
shall apply only to the incidental food establishment and shall become void if it replaced by a
permitted use, is ever expanded, demolished or destroyed by catastrophe or natural disaster or for
replacement;
4. that the conditions of the Chief Building Official's April 21, 2011 memo, the Fire Marshal's May 2,
2011 memo, the City Engineer's April 25, 2011 memo, the Park Supervisor's April 26, 2011 memo
and the NPDES Coordinator's April 21, 2011 memo shall be met;
9
. CITY OF BURLINGAME PLANNING COMMISSION — Approved Minutes May 23, 2011
5. that interior demolition or removal of the existing structures on the site shall not occur until a building
permit has been issued and such site work shall be required to comply with all the regulations of the
Bay Area Air Quality Management District;
6. that the project shall complywith the Construction and Demolition Debris Recycling Ordinance which
requires affected demolition, new construction and alteration projects to submit a Waste Reduction
plan and meet recycling requirements; any partial or full demolition of a stnacture, interior or exterior,
shall require a demolition permit; and
7. that any improvements for the use shall meet all Califomia Building and Fire Codes, 2010 Edition, as
amended by the City of Burlingame.
The motion was seconded by Commissioner Vistica.
Discussion of motion:
None.
ChairYie called fora voice vote on the motion to approve. The motion passed 7-D-0-0. Appeal procedures
were advised. This item concluded at 8:53 p.m.
10
��
BURLINGAME
�
COMMUNITY DEVELOPMENT DEPARTMENT • 501 PRIMROSE ROAD • BURLINGAME, CA 94010
p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org
APPLICATION T� THE PLANNING COMMISSION
Type of application:
❑ Design Review ❑ Variance
� Conditional Use Permit 0 Special Permit
PROJECT ADDRESS: ,�� 1( ��� �
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Parcel #: � Z4 �" 3��'" 21 �
Other:
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APPLICANT project contact person ❑
Payor of DSR depasit/handling fee ❑
OK to send electronic copies of documents ❑
Name: `��� �c ����r �'Q ��
Address: 1�.3 `� l-�S ��'cv,�' /C��-
City/State/Zip: i��ci� /2 S 2 r�t � �� ��'lL
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Phone: �S� ,�.J. � — `�/�o�
Fax: ��v ,��� � �� O ..�
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E-mail: ��Qr< < � c s �
ARCHITECTIDESIGNER project contact person ❑
Payor of DSR deposit/handling fee ❑
OK to send electronic copies of documents ❑
Name: l/i! �. �� n s� l�� .
PROPERTY OWNER project contact person ❑
Payor of DSR deposiUhandling fee ❑
OK to send electronic copies of documents ❑
Name:
Address: ��'� "�- E'
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City/State/Zip:
Phone:
Fax:
E-mail:
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* Burlingame Business License #: 2' 2' �a ��
PROJECT DESCRIPTION: /l �`,5 �`�� �� �%�-
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AFFADAVIT/SIGNATURE: I hereby certify under penalty of perjury that the information given herein is true and correct to the
best of my knowledge and belief ! �
/� ��'/ L/
Applicant's signature:�/ L'/� �� ��-� O�� � �� Date: � ` � /�
I am aware of the proposed application an h�reby authorize the above,,applicant to submit this application to the Planning
Commission. / ' �� L
Pro ert owner's signature: / / �� ��"v ��G`�C,�,� Date: .�o � ` ` �
P Y
Date submitted: �' � 2' � 2--
* Verification that the project architectldesigner has a valid Burlingame business license will be required by the
Finance Department at the time application fees are paid. s:IHalloours�PcaPPircarto�.do�
City of Burlingame • Community Development Department • 501 Primrose Road • P(650) 558-7250 • F(650) 696-3790 • vrww.buriinqame.orq
� CITY OF BURLINGAME � �-
BURLINGAME �
� CONDITIONAL USE PERMIT APPLICATIO
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CDD-rLANNING DI'!
The Planning Commission is required by law to make findings as defined by the City's
Ordinance (Code Section 25.52.0�0). Your answers to the following questions can assist the
Planning Commission in making the decision as to whether the firdings 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.
�.
2.
Explain why the proposed use at the propos�d location will not be detrimental or
injurious to property or improvements in tf�e vicinity or to public health, safety,
general welfare or conve ience. �� ���� j� � t d��p�
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How will the proposed use be located and conducted in accordance with the -
Burlingame Genera/ Plan and Zoning Ordinance? � �` ���s ��� �``' ���
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3. How wil! the proposed project be compafible with the aesthefics, mass, bulk and
character of fhe existing and potential uses on adjoining properfies in fhe general
vicinity? .� T Gl�r�l� �P �.��ca t����`E�� .��' v''S' �
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Rev 06.2007 Handouts\Conditional Use Permit App.2007.FORM
Community Development Dept. ■ 501 Primrose Road ■ Burlingame, CA 94010 ■ P:650.558.7250 ■ F:650.696.3T90`�`%vv�ivcr,b�riihqame:arp��
hv._ :� �a..- �.s.a E ��r'� �� �..J .
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BURL�
� COMMERCIAL APPLICATION •��'� � � �=' '
PLANNING COMMISSION APPLICATION SUPPLEMENTAL FORM
1 -- CI � 1( CF SUR! INu,�.P^�
1. Proposed use of the site��� r/�- � % 4 �t � ��S ��� � -� � - c� ;-�� ,a���r;;t��,� �.; ���
2. Days and hours of operation /J�i�.r � Y -% � ��.� ��° �f //: c�d �.K jv `�•��
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3. Number of truckslservice vehicies to be parked at site (by type)
4. Current and projected maximum number of employees (including owner) at this location: �
3�,,��u�, � �T g �'�«�ri_'��.�a�� �r X'1.'�`^"�*.- #-. ,� � a.* �"i`�.,•5?��+•..rs�e86r.�"�' � �� � x�+i-�Y k3"�w''�s--��"�y���`�� � � �7
`'�..�'�ws"'��� ��r� �'.:r�{�+�s�rtr_. �,:_;" �„�. � 1�,� ,,, _`;�'�^s s. � i�i�'�' .�*F ,�e- c�-�, � �€��e'.G �-�'r„�-''� °�''�-a�"*-'#-Xr`�#�'�"���,.
�na-.�'��.4�i��....�„4��r�A:.f-H�.° F.:� t a..� ,-����—•=+4�T�i�+c �' '�`i���-".+�k,i���.'�,�.Y'�k��.'�.�+z� .s+F'�-.a�,+�.ait.L',+;'1�-
Hours of Before After Before After Before After
Operation 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 pm
Weekdays � ,� � �
Full-time �'
Part-time 3 `� � / � �
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Weekends �, � � G �
Full-time �
Part time
� � � �S �
5. Current and projected maximum number of visitors/customers who may come to the site:
6. What is the maximum number of people expected on site at any one time (include owner, employees and
visitors/customers): �� �
7. W ere do/will the ner and employees park? �`X�'i✓-�� C��•- !� G� ` l`, �''��'cY �Ps' C`� ►'�
��oC. �r-� � .���- �7` 5�F Lo c� � �`o.� . �_ '
8. Where do/will the customers/visitors park? � y � C� �� �
9. Present or most recent use of site ��� �� � �J� c r �.1 S� •
10. List other tenants on proper�y, their number of employees, hours of operation (attach a list if more room is
needed
Commercial Application.doc
BURLINGAME POLICE DEPARTMENT
Memorandum
To: William Meeker, Community Development Director
From: Mike Matteucci, Police Captain
Cc: Edward Wood, Chief of Police
Subject: Determination of Public Convenience or Necessity for 824 Cowan Road (New
England Lobster Company)
Date: August 13, 2012
New England Lobster Company, a full service specia�ty restaurant, requests approval of a Finding of
Public Convenience and Necessity (FOPCN) to allow an alcoholic beverage license (Type 41) to sell beer
and wine for on-site consumption. The Alcohol Beverage Control Board (ABC) enforces the licensing of
alcoholic retailers regulated by State Law under Section 23958 of the Business and Professional Code.
ABC will deny any application if issuance of the license will create a law enforcement problem or if
issuance will result in or add to an undue concentration of licenses.
New England Lobster Company is located at 824 Cowan Road in the City of Burlingame and is in Census
Tract #6051, which roughly consists of the Broadway, Rollins Road, and Bayshore Highway area. There
are currently 39 total licenses in this Census Tract (32 on-sale licenses and 7 off-sale licenses). ABC
limits the amount of off-sale licenses per tract (limit of 4); however, they do not limit the amount of on-
sale licenses per tract.
The phrase "public convenience and necessity" is not defined in either the Alcohol Beverage Control Act
provisions of the State Business and Professions Code or in the ABC guidelines. Other than the number
and location of licensed alcohol premises, the Burlingame Police Department used the following factors
to determine the level of support for a finding of "public convenience and necessity":
A review of the police related calls at New England Lobster Company were non-existent as this is
a new business.
A review of police calls within the past year for the other 39 licensed establishments in this
Census Tract are as follows:
• Benihana (1496 Bayshore Hvvy): 48 total calls (2 were disturbance and/or alcohol
related)
• Earth Beams Natural Foods (1399 Broadway): 4 total calls (0 were disturbance
and/or alcohol related)
• El Torito (1590 Bayshore Hwy): 41 total calls (3 were disturbance and/or alcohol
related)
• Village Host Pizza (1201 Broadway): 6 total calls (1 was disturbance and/or
alcohol related)
• Young's Liquor (1408 Broadway): 4 total calls (2 were disturbance and/or
alcohol related)
• Behan's Irish Pub (1327 Broadway): 16 total calls (6 were disturbance and/or
alcohol related)
1
• Max's Opera House Cafe (1250 Bayshore Hwy): 1 total call (0 were disturbance
and/or alcohol related)
• Hyatt Regency Hotel (1333 Bayshore Hwy): 276 total calls (10 were disturbance
and/or alcohol related)
• Weimax Wines & Spirits (1178 Broadway): 4 total calls (0 were disturbance
andlor alcohol related)
• Gulliver's Restaurant (1699 Bayshore Hwy): 7 total calls (0 were disturbance
and/or alcohol related)
• Yakiniku (1204 Broadway): 4 total calls (0 were disturbance and/or alcohol
related)
• Bua Thong Kitchen (1320 Broadway): 0 calls
• Marriott Hotel (1800 Bayshore Hwy): 122 total calls (6 were disturbance and/or
alcohol related)
• Grace Garden Restaurant (1200 Broadway): 7 total calls (0 were disturbance
and/or alcohol related)
� Caribbean Gardens (1306 Bayshore Hwy): 19 total calls (6 were disturbance
andlor alcohol related)
• Broadway Deli (1431 Broadway): 1 total call (0 were disturbance and/or alcohol
related)
• Broadway Prime (1316 Broadway): 4 total calls (0 were disturbance and/or
alcohol related)
� Aji Yoshi Ya (1190 Broadway): 1 total call (0 were disturbance and/or alcohol
related)
• Elephant Bar (1600 Bayshore Hwy): 54 total calls (5 were disturbance and/or
alcohol related)
• Burlingame Foods (1236 Broadway): 0 calls
• Fandorin (1492 Bayshore Hwy): 11 total calls (4 were disturbance and/or alcohol
related)
� Mivan (1232 Broadway): 7 total calls (0 were disturbance and/or alcohol related)
• Cafe Figaro (1318 Broadway): 4 total calls (1 was disturbance and/or alcohol
related)
• Francesco's Deli & Cafe (840 Stanton Rd): 4 total calls (0 were disturbance
and/or alcohol related)
• Broadway Grill (1400 Broadway): 16 total calls (1 was disturbance and/or
alcohol related)
• Denpo America (1533 Bayshore Hwy): 3 total calls (0 were disturbance and/or
alcohol related)
• Sahaara Restaurant (1130 Broadway): 47 total calls (42 were disturbance and/or
alcohol related)
• Joe's Cafe by the Bay (1669 Bayshore Hwy A): 0 calls
• Ristorante Rocca (1205 Broadway): 5 total calls (0 were disturbance and/or
alcohol related)
• Shabu House (1150 Paloma Ave): 18 total calls (12 were disturbance and/or
alcohol related)
• Coucou Japanese Cuisine (1355 Broadway): 1 total calls (0 were disturbance
andlor alcohol related)
• Il Piccolo Cafe (1219 Broadway): 11 total calls (1 was disturbance andlor alcohol
related)
2
• Walgreens (1160 Broadway): 72 total calls (5 were disturbance and/or alcohol
related)
• Big Joe's Cafe (1251 Broadway): 3 total calls (0 were disturbance and/or alcohol
related)
• R&M Broadway 76 (1480 Broadway): 14 total calls (3 were disturbance and/or
alcohol related)
• Metro Restaurant (1136 Broadway): 5 total calls (0 were disturbance and/or
alcohol related)
• Mokutanya (1155 California Dr G): 5 total calls (2 were disturbance and/or
alcohol related)
• Cuisine Style (1755 Rollins Rd): 0 calls
The surrounding area primarily consists of commercial businesses and hotels (there is no
residential housing, apartments, parks, or schools in the area).
CONCLUSION:
New England Lobster Company is a full service specialty restaurant requesting the on-sale of beer and
wine to compliment their lobster and crab dishes. The police department feels that this request will not
over saturate the area with on-sale licenses, and therefore we have no reason to deny the request.
3
New England Lobster Co., Inc.
824 Cowan Road, Burlingame, CA 94010
Phone:650-873-9000 Fax:650-873-9002
July 18, 2012
. . • ` _ `i
��`,.-,�.
City of Burlingame �' -�r �;,.�
Community Development — Planning Division
Attn: Mr. WilliamMeeker, CommunityDevelopment Director ,�;-, .�._ :_,_;-•; •r.� �:; -.�_
501 Primrose Road �._ r�; ;; �,<<,;
Burlingame, CA 94010-3997
Re: Request for Determinarion of Public Convenience or Necessity for New En�land Lobster Company,
Inc., Located at 824 Cowan Road, Burlin�ame, CA 94010
Dear Mr. Meeker,
This letter serves to inform you that New England Lobster Company, Inc, has applied for a Type-41 (Application
no.41-523154) for the on-sale of wine and beer at its restaurant located at 824 Cowan Road, Burlingame, CA
94010 (New England I,obster Market & Eatery).
We have been informed by the Depamnent of Alcoholic Beverage Control that a determination of public
convenience or necessity is required by the City of Burlingame is a condition of the issuance of this license.
Section 23958.4 (b) 2) of the California Business and Professional Code provides the issuance of an on-sale beer
and wine-Eating Place license
"if the local governing body of the area in which the applicant premises are located, or its
designated subordinate officer or body, determines within 90 days of notification of a
completed application that public convenience or necessity would be served by issuance. The
90-day period shall commence upon receipt by the local governing body of (a) notification by
the deparnnent of an applicarion of licensure, or (b) a completed application according to local
requirements, if any, whichever is later."
We respectfully request that the City of Burlingame determine that a Type-41 On-Sa1e Beer & Wine — Eating
Place at New England Lobster Company, Inc. will serve public necessity.
I. Proiect Description
The on-sale of beer and wine will compliment the lobster and crab dishes. We are a specialty restaurant with a
very unique menu, which includes the following items:
Lobster Rolls
Shrimp Rolls
Crab Rolis
Whole cooked Maine L.obster
Whole cooked Dungeness Crab
Clams, Mussels & Oysters
Fish & Chips
Lobster Com Chowder Soup
Crab & Clam Chowder Soup
II. The On-Sale Beer & Wine-Eatin� Place will serve public convenience or necessity
It is anticipated the customers who cturently shop at New England Lobster Company will enjoy the added benefit
of being able to drink beer and wine with seafood meals. There is not a restaurant with this type of concept in
our area. We are going to have a similar concept of a small restaurant on a wharf in Maine with a very simple
menu that is priced right. It is the expectation ofNew England Lobster Company, Inc. that the issuance of an
On-Sale Beer & Wine-Eating Place will have no adverse effects on the surrounding community in terms of
excess traffic. and deliveries to the store.
III. The On-Salc Beer & Wine-Eatin� Place at New En�land Lobster Companv is consistent with
adiacent uses.
New England Lobster Company is located near 5 major hotels; Westin, Hyatt, Marriott, Aloft and Hilton. We
anticipate that many of these tourists will come in to buy lunch or an early dinner and would enj oy a glass of
wine or a beer with their meal.
IV. The On-Sale Beer & Wine Eatin� Place will not have a detrimental impact on the
surroundin� area.
So as to make certain there remains minimal disruption to surrounding neighborhoods. New England I.obster
Company has taken preemptive measures to ensure that the on-sale of beer and wine at its location will be
handled in a responsible and conscientious manner. Detailed policies and procedures on responsible beverage
service endorsed by management are already in place and will be strictly enforced.
Some of these policies are as follows:
Employees must undergo tzaining prior to wine tasting being made available to New England Lobster
Company.
Each employee that serves on-sale beer and wine must submit a signed policy aclmowledgement
indicating that they have been trained and understand all issues related to the responsible beverage
service. These include, but are not limited to the following:
• Alcohol and legal issues
• Idenrification Checking
• Handling of difficult customers
• Signs of intoxication
• Designated drivers
• How alcohol effects the body
• Identifying and handiing problem situations
• Minors and fake identifications
Under-aged employees will not be allowed to handle the selling, stocking or serving of alcoholic
beverages.
Training will be provided by the manager of New England Lobster Company, utilizing the information supplied
from Responsible Serving of Alcoholic Beverages, Complete Staff Training Course for Bars and Restaurants.
The Responsible Serving of Alcoholic Beverages training course provides management and liquor service staff
lmowledge and awareness necessary to responsibly serve alcohol in a licensed premises. Implementation of this
training will help ensure that the on-sale service of beer and wine will not be detrimental to residents, shoppers or
other businesses in the vicinity ofNew England Lobster Company.
IV. Conclusion
In conclusion with being granted the Type 41 Beer and Wine license we feel that the sale of beer and wine will
not be a detrimental to the residents, shoppers, or other businesses in the vicinity of New England I.obster
Company. We feel that Beer and Wine will be a convenience to our customers who enjoy a reasonably priced
seafood lunch or dinner. We are committed to providing this convenience in a safe and conscientious manner,
with minimal disr�ption of the surrounding neighborhood.
Per ABC requests, we are attaching Form ABC-245, information and Instructions — Section 23958.4 B&P and a
detail floor plan, indicating the proposed beer and wine sale area.
Please feel free to contact me should you require further information.
Very iruly yours,
✓/��A �
/� ��-�1,��'
(J
Marc Worrall, President
New England Lobster Company
824 Cowan Road
Burlingame, CA 94010
(650) 873-9000
�e d ivlul
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� �
De�artment of Alcohalic Beverage Control
-pLAIVNED GpERATidN (R�TAIL)
SECTIQN 1- FOR ALL RETAIL APPLICANTS
1. APP�ICANT NAME(S) 2. LICCIySETYPE(S}
New Fngland Lobsc�r, Inc.
23. WHA7 P6RCENtAGE {?F �OUR TOrW. $ALES WILL BE
ALCOHOUC SEYERAQES?
No 5%
3. PkEMISES ADDFiESS (Stroet �umbar and nama, ciry, zip code)
�24 C:owan Rd_ }�urlingame, CA 9401Q
� ----�-�----._.�_........ . . .. . ......
5. TYPE OF BU31NE35 (GTOOae one ih6t b88t deeCnGee the pidnn�p ope�aho�)
��ufi Service Restaurant �Cafeteria/Hofbrau
�Deii or Speciaity Rest�ursnt �Comedy Ciub
�Cafe/Coffee Shop �Brew Pub
�Sed & 8reakfast �1'heater
» ............. P......,..,....,...........,......,.,,....,.....,...........� ....._....._.._.._p ..._..-�----�-�--�--_.
aSu �►marEcet Membershi Store
�Liquor 5tore �Department Store
�VarivtylDrug Store ❑Gift Shop/Florist
�Other - describe:
- ---- _.. .. .. ......._
fi. PA'fRON CAPACITY 7. SUF�RWNDING AFiEA
�Commercial �RUral
�O �ReS�dential �Industrial
� Other
. .. . ._ ____-•—_
------ _...._...._ .. . . . .. . . _.. . _ _.._._
9. FOOD �E37VICE 70 PAHKINj L!)77
�fJone �Minimal �Full Meals
fo. MEnLTYPE
��inner Fiause n✓, Seafood
� Fast Foad/be�i � Other:
�Pizza�Pasta ._..._,
17. OP[RATING hIOVRS
Sunday � Mond+
ppening Time 10:tl4 am ' 11:40 am
�✓ Yes �No
5. TYPE OF FOOD `
q. NL'AFlLST GMU5� 57HL•tl
Airport Blvd.
� Cocktaii Lounge
� Night Clttb
� Tavem
� Wine Tasting Room
..___..- •--• ..............._......__.._.___......._............._...
� Senrice Station
� Convenience Market
�Convenience Market wlGasolina
�Amarican �Greak
�Chinese � Korean
�Japanese � Ott�er:
Tuesday wsdnas�
1 k:00 am I I:00 �m
Closing Time j 9:00 pm I 9:00 pm I 9;00 pm
t8. ENTEtlTAINMENT (On6 01 mp'e m�y apply, NI¢csc dcs�crlbc �r+y amcrtammU,� wah �n
QNone �`Ampli�ed Music
�Recordcd Musia �*Live Entertainment
�Juke Box �"�1oar/Stage Shows
�"Other ❑Karaoke
'Descript�on: _ . ..n__._
�Indian �French From: ..,,,�To:
__. w._..» ................. .,...».........._........,
IUNCN HOURS
�Italian �thai From: 11:Q� am �o: 4:00 m
........,,_......... ..................._.....___.P....._
DINNER HOl1RS
From: 5:00 pm To: lO:UU pcn
ihursday Friday Saturday___,
� t:Up am 31:00 am 10,00 am
9:UQ Pm 10:00 pm 10;00 pm
B. i'SiEMISEB i8 LOCA7Ed IN •--. ._ .. -•-
� Free Standi�g Building
� Shopping Center (Name): ___ . __
�10 Units or Less �More than 10 Units
It. PATIO? 12. WILLYOUIiIREA � 13 WILLYbU�A�'EA
MANAGER7 (Rule 57.5) FOOD LESSEE71Rub 57�7j
QYes �No aYes �No �Yes ✓�No
__..__ ._ � •.-- -.... ....__.
1G HWRS OF FOODSERVICE
BFiEAKFA3r HOURB
9:OU pm
U Patron Dancing
� Bikini/Topless/Exotic
� Pool/Billiard Tables
Q•Amatsudpro Spo�ts Events
17. PRtM{SE$ IS LOCA'f ED ON
�MajorThorqughfarR �Secdndaryr Street
aOther
21. P�S;-TI•IROIJGHWINDOW? -�._y�..--•--"�22. FIXEDBARS?. .
�Yes �✓ No I �Yes - how many;
FOR A6C USE QHLY
-----•-----..._.._.._• •••--•••-•-•-•-------._...._. _ . .:.. _._._ .__..�.--
2a. IMfORMATION GIYEN (R-27, R•107, Sec. 25812.5, Snc. 23780.5. etC.) �25. DA7t E
ABC-257 (REVERSE} (5/Ofi)
ze•d 066bZZ9aSS
:v. i�rc�rainwrunc
�✓ Single Story
❑ �u�ti-Story - f�umber of stories:
Type 41
�P�vate C�ub
aVeterans Club
� Fraternel Ciub
........ ....» ..........................................................
�Swap M$etlFlRa Market
�prive-in CTairy
� Card Room
�Movies
�"Hot Spot"/Lottery
�VideolCoin-Operated Games
❑Two-Story
, ,.,r,.r1b� Contiol
De t UF �'•��,Iic ��c
p A� yrti; �'ta�Ct;�rc�
QNd��da-�ad se :00 ztiOZ-LT-�flt
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Department of Alcoholic Beverage Control
LICENSED PREMISES DlAGRAiVI (RETAIL)
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.. .�r._...-....:.._,—..r�.-.` ,.. ........ .-...�..—__�=f--�.._.`.�_.��._...
• • ' . . . , . � . . . . . . . . . . . . . . . . . � '� 11"`r �' � . � .� . . � � � , . , � . . � . . . . . . � . . . � � . . . . . .
. . . . . . . . . . . . . . . . . . . . . ' • ' . � . . . . . - - . . . . . . . . . . . ��. . . . . . . . . . . . . . . . � . . � . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . .G�',� rao� � `��. . �� . . . . . . . �---U �•�r, � . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �. .`�� . . . . . . . . . . . . . . . . ,� .,�f�� . B.� �_.
................................................................5.��_:�,...
...........................................................................
It is�herc;by dcclared that the abovc-dcscribed buundflries, entrances and platuted uperation as indicatcd on the
reverse side, will not he changed without firs� notifyin� and securing prior writtcn approval of the Deparlmcnt of
Alcoholic E3evet~age Control. I declare under penalty of perjury that the foregoi»� is true and correct.
APPUf1JJ,T.Sl�NA7�JRE (0� 8 �° �09�) + ������nATE SIGNEO ��
_ •`�.'i� _ ���..�T�rr,� l �_..__.�.w...... I � —� %�—
asc us�
1�
7. APPLiCANT tJAME (Laet firol, nGtl01e) z. ucEasE n"PE
Ncw Ehgland Lobster, lnc. "Cype 41
_ _.y._..�.....,_..___--,---- — __ _ _....,.�.Y _....______._...._
3. Pi?EtdlSE3 ADDRESS (6lreol mx�or and n�me, city, zip coda) 4. NEAREST CROSS STREET
824 Cowan Rd. Burlingame, CA 94010 Airpott Blvd.
The diagram �below is a true�atid co'rrect description of the entrances, exits, interior walls and exteri�r ��u � f'"
boundancs of lhe prcmises to be licensed, includirr�; dirrrensionsund ic.�entlficutiorr nfeach roorn (i.e., "slvrern�rn",
,�u tc•e. ", cc1�.�• �.�.__.... .�,...-----� ___.�—_ - - - .__..�.._....� __._..�......�.
DIAGRAM ............... .. ... ............,........._...
. . . . . . . . . . . . . . . . . . . . . . . . . : �'� �� ; �:�: . ;,�': �: . . . . . . . . . . . . . . . . . . , . . . . . . .
........,.. ,/r� �- ............................ o�,�.---.....��//�� ��.
........... � U ......... .:.M^..�.. �: ...._.- �.�,� ..
�, ::::::::::.......::.:.:::::::::::: :...::.::.:::::::::'::' :.-. ... �
..:.:::::........�. ..__......_.. .....::......::::::... :�'`�� �j
..........��:.�,��-�-.. ---.-.� �; .................... ��
: : : : : : : : : c��e� . ��: : _. �:. �;:� . : : : : : : : : : : : : : : : : : : . . . � � :� . :
� D�/ �
..................................-� ..,................,. .....
. . . . ��s� . ��o�s� : . . . . . . . : . . . . . . . . . . , ;�� • , , . , . . . . . -. . . . . � � --: : � , �`
'. ��, Lr- . . . . . . . . . . . . . . . . . . . : . . . . . . . . . ���I�f��i�� ��FS�" i.� . . . ��f �
. . , , , . . : . . . . . . . � . . , . �� �..�-.--.-., .-- � ��
. . . - 1 . . . . . . . . . . . . . . . . . . . . . . . � . . . . . . .� � . �
: : : ����: ��:�f" : : ; : : : : : : : : : : : : : : : : : : : : : : : : :��� � �
:::. ��� ......:::::::::::: :::::::::::::::::...::::���
. . . : : . . . ��'� . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . : : : . . . . . . . . '
........��:� .............. .......................--.-.-
::::::::::::::::::::::....... ...� .................
CERTIFlEDCORRFCT (5+��>
Z0'
(5/05)
� ��
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INSPECTION DATE
5tate ot CalHania
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` � 9' ,�cl � �J�_�`� ,��fN � � zo��
� RI'���i'W"�.. e Contto!
� p�pt oi Ai c hol� � p�'. .cn �
aNd��do-�ad �0:ea ztiez-zi-�nr
Department of Alcoholic Beverage Control
APPLICATION FOR ALCOHOLIC BEV�R.AGE LICENSE(S)
ABC 21 1 (6/99)
State of California
TO:Department of Alcoholic Beverage Control
1515 CLAY ST
STE 2208
OAICLAND, CA 94612
(510) 622-4970
DISTRICT SERVING LOCATION: SAN FRANCISCO
First Owner:
Name of Business:
Location of Business:
File Number: 523154 �� �
Receipt Number: 2118899
Geographical Code: 4103
Copies Mailed Date: June 22, 2012
Issued Date:
NEW ENGLAND LOBSTER CO., INC
NEW ENGLAND LOBSTER MARKET
824 COWAN RD.
BURLINGAME, CA 94010-1205
County: SAN MATEO
Is Premise inside city limits? Yes
Mailing Address:
(If different from
premises address)
Type of license(s): 41
Census Tract 6051.00
��'� c4�'j
�'�� � nj GZ ��
Transferor's license/name: Dropping Partner: Yes No
License Type Transaction Tvpe Fee Type . Master Dup Date Fee
4]-On-SaleBecrAndWine ANNUALFEE NA Y 0 �6/22/12 $350.00
41 - On-Sale Beer And W ine ORIGINAL FEES NA Y 0 06/22/12 $300.00
NA FEDERAL FINGERPRINTS NA N 2 06/22/12 $48.00
NA STATE FINGERPRINTS NA N 2 06/22/12 $78.00
Total $77G.00
Have you ever Ueen convicted of a felony? No
Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the
Depariment pertaining to the Act? No
Eaplain any "Yes" answer to llie abovc questions on an attachment which shall be deemed part of this application.
Applicant agrees (a) that any manager employed in an on-sale licensed premises will have all the qualifications of
a licensee, and (b) that tle will not violate or cause or pennit to be violated any of the provisions of the Alcoholic
Bevera�e Control Act. �
STATE OF CALIFORNIA County of SAN MATEO Date: June 22, 2012
Under penalry of perjuq�, each person �vhose signature appears belo�v, certifies and says: (1) He is an applicant, or one of the applicants, or an e�ecutive officer
of the applicant corporation, named in tlie foregoing apptication, duly authorized to make this application on its behalf; (2) that he has read the foregoing and
knows the contenu thereof and that each oF the above statements therein made are true; (3) that no person olher than the applicant or applicants has any direct
or indirect interest in the applicant or applicant's business to be conducted'under lhe license(s) for which this application is made; (4) that the Vansfer
application or proposed transfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninery (90) days preceding the day
on which the Vansfer application is filed ti�ith the Department or to gain or estaUlisl� a preference to or for any creditor or transferor or to defraud or injure any
creditor of transCeror, (5) that the Vansfer application may be withdraH�n by either the applicant or the licensee wich no resulting liabilit�� to the Department.
Effective July 1, 2012, Assembly Bill No. 1424, authorizes the State Board of Equalization and the Franchise Tax Bu�rd to sh�re taxpaycr
information with Department of Alcoholic Beverage Control. The Department may suspend, revoke, and refuse to issue a license if the licensee's
namc appears in the 500 largest tax delinyucncies list. (AssemUl�• Bill Na. 1424, Chapter 455)
Applicant Name(s)
NEW ENGLAND LOBSTER CO., iNC
Applicant Signature(s)
See 211 Signature Page
- ��,.
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p:
i�.��,� �/ i S ._
`;'� , r`-i _ .. � _ . , _ -....- .
. CITY OF BURLINGAME
> COMMUNITY DEVELOPMENT DEPARTMENT
BURLINGAME 501 PRIMROSE ROAD -
s �yY �1 • BURLINGAME, CA 94010 ; "
��;, ''' PH: (650) 558-7250 o FAX: (650) 696 3790 �� �
www.burlingame.org _
Site: 824 COWAN ROAD __....._ ._...__,_�..:_
The City of Burlingame Planning Commission announces the
following public hearing on MONDAY, SEPTEMBER 10,
2012 at 7:00 P.M. in the City Hall Council Chambers, S01
Primrose Road, Burlingame, CA:
Application for Amendment to Conditional Use Permit to
increase the hours of operatian and add sales af alcoholic
beverages to an existing incidental food establishment at
824 COWAN ROAD zoned IB. APN 014-390-210
Mailed: August 31, 2012
(Please refer to other side)
, r 1 . 3 ..
''-� �,'�� .ti., _
_.. -.. -�- , : :
�� � . _��`.�;�� _
PUBLIC HEARIPIG
IVOTICE
City of Burlingame
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.
William Meeker
Community Development Director
PUBLIC HEARING NOTICE
(Please refer to other side)
�
.
?-�
. CITY OF BURLINGAME
; ` COMMUNITY DEVELOPMENT DEPARTMENT
BURLINGAME 501 PRIMROSE ROAD i� �§�"'�'�' ;� �
�R.� '� BURLINGAME, CA94010 �����'„E"� � ...�+�
� 0�; �i� -
PH: (650) 558-7250 � FAX: (650} 696 3790� ��. _
� �, ,�--�-•�-:� -
www.burlingame.org ; � ' �-� � .��°�
F
'�T �"a,e l ed�..7e �
aE a.A� .f � ��F" �-�`t'�"'�,v,
. I;,.;1..-:��-.�.=.`k �.IFy°^�; i""" '�'
Site: 824 COWAN ROAD
The City of Burlingame Planning Commission announces the
following public hearing on MONDAY, SEPTEMBER 10,
2012 at 7:00 P.M. in the City Hall Council Chambers, 501
Primrose Road, Burlingame, CA:
Application for Amendment to Conditional Use Permit to
increase the hours of operation and add sales of alcoholic
beverages to an existing incidental faod establishment at
824 COWAN ROAD zoned IB. APN 024-390-210
0 •-'-g.��2t��3?g�
� ��.��.�
f.i: il�� �rom �a����
�..i�J" i'�J�" ��Vc�_.
PIDBLIC HEARINIG
�lOTICE
Mailed: August 31, 2012
(Please refer to other side)
Cl��f O� �Uil117aame
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.
William Meeker
Community Development Director
PIJ�LIC I�EAF�INi' f�OTICE
(Please refer to other side)
Planning Commission Noticing Meeting Date: 09.10.12
824 Cowan Road 28 Notices - 024.390.210
., :-
CITY OF BURLINGAME
AFFIDAVIT OF MAILING NOTICES
STATE OF CALIFORNIA )
)
COUNTY OF SAN MATEO )
C. Rihm , being duly sworn, deposes and says:
that he is a citizen of the United States, over the age of 18-years, that acting
for the City of Burlingame on the 31 ST day of Auqust 2012 deposited in the
United States Post Office a NOTICE OF PUBLIC HEARING, a copy of which
is attached hereto, with postage thereon prepaid, addressed to the persons
listed on the addresses attached hereto and made a part hereof, to wit:
that said persons are the owners of said property who are
entitled to NOTICE OF HEARING pursuant to the Ordinances
of the City of Burlingame that on said day there was regular
communication by United States Mail to the addresses
attached hereto.
� ,
824 COWAN ROAD
28 - 300' radius notices
S:\NOTICINGWFFI DAVIT.doc
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Elev 3.36' �
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(E) Gas Meter
(E) Access(ble entry
to Cefe Space
ExisPg Fire sprinkler
riser • protected by bollard
Exception to maintain 3' min
walk (a� plpe, per CBC1133B.7.1
(E) AccessiWe Rampe
1:50 max slope
level Ianding +l-10'x7'
(60" x 80"min) as req'd
et accessible entry
ExisPg Fire Dept connectlons
in landscape area
Elev 3.11'
ExfsYg elevation hts ��—�
provided by Louis Arata, PE
Milibrae, CA. Typ.
platform deck & ramped
entry path(s)
PT frame w/ TimberTech
or sim. composite deck'g
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Offices
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smaA m�ter
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roof AC �
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824 / 826 COWAN ROAD
�A,�ri �.�
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(o � OW �
Req'd front landscping
60% of front setback
3,040 sf x.60 = 1,824 sf req'd
Allowable non-landscape area = 1,216 sf.
(exclud'g paths + built in seating)
(E) & (N) non-landscape area = 64(er$F
(exclud'g paths + built in seating�
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Req'd front landscping
60% of front setback
1,200 x.60 = 720 sf req'd
Proposed FSB landscaping
= 931 sf
Existing FSB landscaping
=1,146 sf
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�--------------------- ------------------ ------------- --as--------------- -- ---------------------------------------------
; --- - --- ;
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� � _ _ —_ I . _ �— � . —� � — — — _ �_ � _ � � d5
I_ — . _ — I�` (E) � � _ , (E) �,il � (E) _� (E) . I
Air Cur�in � Gelivery
Emr per SM Emnranmen�l
HeaIN rep'Lq Q
1
Walk-in Freezer
Walk-in Refrigerator a g
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wall recks/sheNg
liiy[mop sink
hler K6710 or sim
N�/sink 3wm sink L
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(E) Warehouse
New tlropce0 ceilinq ove
Health Code�O �y
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Res. �
Tank
(E)
Off ce
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(E) Mens
o���� a-0• o� aT�.e�
fro�mAccessible Parltiig
.lo new Enhy -
w• n�aze a� Fire
spnnkkrrrsers oUer
uliYtylservice pipw per
CBC exxpUon 11J�B.1.1
� �
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^ �bw wall pehiM a�
capinets(�ackspl sh hi'I)
bw well �uns below
saNg 3A" uNg rntr
Deli/Serving Kitchen
(See Food ServicrJPhase II plans)
SeeA3T forFlntsli5chetl�le
�� � 4e 3ef � e�eZB' DelilRetail Spac�
� I A I I ,1 NOFkMSealifg
�'s L, _ L_ ` s� na.z r« Fm�n sa,eo�na
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(N TSG b IsecOon
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� Office
�o�X6-8
�
N non-bearin
wall partiUon w/ 5/ 8' gyp
6d ea side, yp - see
Struct plans —
� 1E) ,
New 400Amp Elect.
Panel recessed in
alcove per PGBE
see Elect. plans
(E)
Warehouse
(No work this area)
(E)
Office
(E)
Office
Con e'rence
(E)
Int panel
smarl meter
main disconned
roof AC
- EXI- �ATH �
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y
(E) Lobby
(E) Office
� I / I � re I
I�Tile\��—Conc '�"��"fi� 69� FE�
dmn'g enxse �
� — — - - -- - - — — — I — . � FLOOR PLAN NOTES:
ds � i i. Fire so��k�� srs�em s�au oe moainm ror
S xal ds need f � (EJ I FS p�la�i5�sna�ll �e suo`ma W �ue� �eme Fre oe n.
eQun peR fl pefm
tl-fi' anpelne � n I tlimug�IM1eflreEeperlment.
� OPM1vee tlnvtwxy FF /'\ I 2. FireEVL sMrs(Typ22A1(10C)S�sll�e �tleC
i _ _. �amm�a _. . _ _ i a�ms�anm �`�'arownw aoarcl as rea'a. M cc�uc is. ss�
I I w.�s�eeiaF�re a�,n
i �
5 � repu'vetl br wolunp area Type I Hootl
� Lineofroofwerhengabove � gem.y�en��gw���gbyb�em
�WID'G i ' 'a-0 .i. �i i
`_____ __________________ i______________________—_______________________________________________________� �
n PROPOSED FLOOR PLAN - FRONT BUILDING / 824 COWAN RD PHASE II
U
SCALE: 1/4"='I'-0"
umk
una m kinsella
]U33 Paloma Avenue
Burlingame, CA
9401U
415.730.7872
vmkmcha�gmaiLmm
c.,�.�r�DK �F�/�F
� 2 9�`
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Burlingame, CA
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CITY OF BURLINGAME
City Hall — 501 Primrose Road
Burlingame, California 94010-3997
Marc Worrall
New England Lobster Company
824 Cowan Road
Burlingame, California 94010
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October 3, 2012
COMMUNITY DEVELOPMENT DEPARTMENT
PH: (650) 558-7250
FAX: (650) 696-3790
RE: AMENDMENT TO CONDITIONAL USE PERMIT/FINDING OF PUBLIC CONVENIENCE AND
NECESSITY
824 Cowan Road
Dear Mr. Worrall,
As you are aware, on Monday, October 1, 2012 the Burlingame City Council approved your requests
for an amendment to conditional use permit and a finding of public convenience and necessity to
increase the hours of operation and add sales of alcoholic beverages to an existing incidental food
establishment located at 824 Cowan Road, Burlingame.
Attached to this letter you will find a copy of your application for a Type 41 alcohol sales license (On-
Sale Beer and Wine — Eating Place) filed within the California Alcoholic Beverage Control Board
(ABC). I have signed the application where indicated, and noted the City's approval of your requests,
referencing this letter as an attachment confirming City approval. Also attached to this letter is a copy
of the signed City Council resolution memorializing the Council's approval of your requests, including
all conditions of the approval. �
I hope your new business venture proves to be successful! Please feel free to contact me if you
require further assistance.
Since�ely,
. ;�..,.
- �' '
` /l -
William Meeker
Community Development Director
Attachments:
ABC License Application
Burlingame City Council Resolution No. 68-2012
:: Register online for the City of Burlingame list serve at www.burlinqame.ora ::
MAY-13-2000 19:26 ABC SAN FRANCISCO
Ucpanment oi Alcoholic.Bevvrage Cont�ol
INF�RMATlON ANf.7 INSTRUCTIONS -
��Cocktail l.ounge
� INightClub
��T�vern: Beer
I�Tavem: Bcer & Wine
S�CTION 2�958.4 B&P
lnstructions •1•hi� form is to be used for �3U appiicatipns for ariginr�l issulnce or premi5es to premiscs tr3ns{cr of liccnscs.
• Yart I is co be comp)eted b�� an ARC employee, pivcn to applicant with pre-applicr�tivn p�cka�e, wilh copy retained in
holding file or applicanYs district fite.
' Part 2 is to be completed h;� thc �pplicant, and r�turnecl to A�3C.
�'' �� �� �' Yart 3 is to be completed b;� the local �overnin�, body ar itti desibnated subordin:�tc of'ficer or Uody, and returned to ABC.
PART 1 - 70 BE COMP�E7ED BY ASC.`. . -•- •--- • .. _.------.----.-- ... . • - --
1 AP�'LICANI'$ NnME
NEW ENGIAND LOBSTER CQ., INC.
2 PREMIP.CSADDKtSuISlmetnu�bafBrltl�emo.CM.7.�pCaOn) �__._._...__.
�r 824 COWAN RD. BURLINGAME, CA 94010
d �. iYFE Oh PUgINESS . .. ------ —.__. . . .. _
�'XjFUIISc�roi rant ; JHofbr�nulCafeteria
i. _ oli o� Speciaf Rest� __�Comedy Club
� �C3feJCoffee Shop I Brow Pu b
; �Bod & Breakfast� . !Theater
; w�nc� only � ,Rll
.. ""� __; .
Supermarket � ,Memt�ership Store
. L�quorStore � �DepartmentStore
�nrugNariety Store �FloristJGifl 5hop
! iOthnr-descrfbe'
415 356 6599 P.002
Statn of California
Edmund C. 5rovm Jr., Govemor
"�a. �ic�us�Trre
----�--�_ �� . . --------
� IPrivate Ctub
; Iveterans Ctub
JFratemal Club
:_.�WineTasting Room
r i Sorvica Station ISwap MeeUFlea Market �
IICon�eniencc Market �Drive-in Dalry
L�Cortvanience Market wlGasoline
' •--•------ •- •• ---•-- i — ----- .....---� . _.. -- —•- • • -. • -
5 CDUNTY f'OPULATION 8. TOTAL NUMtl£►� OF �10ENS6$ IN CDUH'n' '7. RATIO O� LtC[NSGS TO POPULATION IN COUNTY
%z4,7�2 �S8$ ,X�OnSale �!Off-5ele I CXIOn-Satp � �Oft-Sale
f� CFNSU: TRnCT NUMBER 9 N0. O� LICEN�ES ALLOWtD IN CENSUS 7HAC7 NO F LICENSE"u EXISTING IN CENSUS TRACT
X On-Sale �Oif•SaI �36 X�pn-Salo � ION-SaIO
6d51 5 � U , I._-, ._
'I 1�IS TI I[ ADOVC CCNSU$ TFtACT OVERCONCCMRA7ED YIITk LICCNSE37 Q�e., tl0991h0 �ello W ItcoM9610 pOpUlpbOn �q GOq,-•us tr � nxcood t�+o ratw o f lieon�s �� p o p u �atian for erw enGm ea,ney 7)
X: Yes, the aumber ot exigting licenses exceeds the nurnber allowed ��� J(�
.. -f
I i No, the number of existing licenses is lower than the number allowod . _ .., _,_ _ . M_ .._M_
17 DpF,S LAW ENf ORCCMENT ACENCY MAINTAIN CRIMF, SiATISTICS7
�`_�Yes (Go to ltem #13) �No (Go to Item #20)
13. CFi1ME REPORTING DI�TRICT NUMBCR '14. T01'AL NUMBER PF R�PORTIIVG O�STRIGT� 15. TOTAL NUM[iCR O� OFfCN�CS 1N ALL REFORTINC DISTRICl'S
N/A N/A N/A
75 AVERAGE NO OF OFFENSCu PCR DISTRICT 11. �1257!S OF AVER/1GE NUMOFR OF OFFENSES 18. TpTAL NUMBGR OF a�F[NSES IN RGPQRTING Of$TRICT
N�A N/A ( N/A
19. IS T HE PREMW^ES IOCnTED IN A MIGFi CR1MC REPORiING OI:;7RICT? (�,e , hof q?0°,� oroattt nlmber o1 fOportod ctimcs Ihan Ihe ava�apn nurfibe� Of �opOTlad chmnn S8 tlEltlrAm�dd (RIM 31( Ci�iW �
rcpartnE7 dintnUE wllhln UW �atliCtiOn Di Ih0 loto� (� ontaLmmont apcncy)
Yds, the totat number oi ofienses in the reporting district equals or exceeds the total number in item #17
; No, tne total number of otfenses in the reporting CistriCt is lower than the total number in item #47
. — —• .._. ..__.. ... .. .._ . ..__... . . . . _ . _ ..... . ._ .
20 CH[CK �� dUx 7Hn1 nFPLIC� �chcbc anty me bvxl
a. tt "NO" is checked in both itCm #11 �nd iLem #19, SeCt+on_?3958.q 68P does nof aQa/y to thi� epplicat�on, and no ndd'Rional infprmation will bo noodpd
' on this issue. Advise the applicant to bring this compleled form to A6C when t�ling the applir,�t'son.
X b. li "Ye�" is checkad in Elther ftOm #11 Qr (tOm #19, And the applicant is applying for a non-retail iicense, a retail bons fido public eating plaoo IicCnsC, a
retail lir.enso issutd fot a hote{, motel or oth�:rlodging establishmon! as defined in Se�tion 25503.16(b) BBP, or a retall I�cense issued in conjuction with a
beer manufacturers license, or winegrower'., license, ativiSC the �AAI�t��n tp eomoteto Section 2 anB bring ihe completed form to ABC when filing the
application or as soon as poFsible theTeaftvr,
c. lf "y�;" is choCkOd in O�thar itom tl11 Qr Item �k19, and the applicant is applying for an oif-sale beer �nd wine Iicense, sn off-Sale gdndr�� license, an en
sale beer license, an on-salp bo�r 8ntl winC (public premises} license, or an on-sale general (public premises) license, advise the ��g��nt tQr�e rhis
form t�tn�r r c�J $I AQvarnina boCv, or if.f desia�,�ted subordinate o�cer or hodv to h�ve thom eomnlete Section 3. The completed form Will nead to b4
pravide�d to ASC ir, order to prac�ss tno appifcation.
Governing BodylDesignated Subordinafe lVame:
----- -- -� _.�-- �_._.__..
FOR DEPARTMENT USE ON�Y . RE __
. . . __..... .. . �-•- •- -- ----•-�---. .._ _ ....... - - -� •--
1'NtNAxf.h IlY (nt�no cf Oopanmen� Cmployx)
JASON - „,�-- ��Zn��
ABC-2a5 (rev. 01 •11}
�----�.. �_
tycpt Qf �koholic Bcvnra�e Controf
Fao FT�ncicco
MAY-13-2000 19:26 ABC SAN FRANCISCO 415 356 6599 P.003
PAR7 2- Tp BE COMPLETEI7 gY THE AP� _,CANT (If bvx t�20b is checked)
21. 6asod on the information on the reverse, the Departmont may approve yaur appfication if you can show that public convenience or
neces�ity would bo served by the issuancc of the licen�e. Plea�e descrlbo below !he reasons why i5suance of another ficensE Is jusl�ed in
this ar�a. You mav attach a seoarate shec:t or additional documention. if desired, Do nof oroceed to Part 3.
�� � � . ,�'"'
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i%'�' r ���• --- �u /��' �/°�- --� �-- ! Q /} _ �'''/ ��t ,�C� _ �r.�� /� . . . C� .v cf �
G��', .? C'' �/.. �/� .��,:.7 S'�, c1 �r s ca c� �i-rI .. � Ci r r ir ��
..-._ . . . . _r... ... ._. _ ___ x..____. _. �
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�%.y l �S, t,��",. ��� �.� CJG�. OI'/'( �/ICd_�._ �,S L '�?_%../..�'..'_.�_� / I,�GwJ�(�"..
�r .. ,
G��G? r� 'F' ''� c:s � s�' .�f �—�� � C•G� r�� p � l' r^
�- -- �- — � �' . _..._ � . _.._ � a�� r ct_.�� � _._/'�m 7`_
� ,«S ��: " _ ��O /�. . ��_ _ .. G�G�r _ �C� (�cD T • C •-c � _ pi P �}' / !�'. . _ ,.rb .a� c�
� �'r� 11rL_� � �_r��,ei�_� f�rs�✓/Ca-e !�S /� � ,�C�/( iS ' UQ�. VC/�r
— ---• • _ ... . .---•�
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�C�Ci ��G/_ �' S %%�O!'f' r,� � ...L•�Zd�d�//tr9� �I' �CDw /� /r�IhF'
..-•----- ---. _.. .... _ . _._ ..._�_ . _... . .____.___ .. �iL. pcL _
22. APp�IC,}tRT.B'IX?NATUR�-` �, .�. DATE ^ GNfi� ` b 1' r a+ �� �. ��
1'%/ G�/-v��a� i�'%+ �'//'-� iy� y rGo ,�• <
PART 3- TO BE COMPLk�'EQ BY �pCAI_ �FFICIAl.S (If trax #20c is checked) C�-� �� �., P � �,� �
- - � ---. . ..-- - -- --�------- • - �. .__._ r . . � � ' , s r
7ho applicant named on the reverse is applying for a license to sell alcoholic boverages at a premises whcre undue conceniration exi5ts (i,c„
an over-concentration of liCenses and/or a higher than average crimo rate as defined in Section 23958,a of the Business snd Prafessions
Code). Sect;ons 23958 �nd 23955.4 oi the Business and Professions Code requires the Qepartment to deny the application unless the local
governing body of the area in which tho ap��licant premises are located, or its designated subordinate otficcr or body, determines within 90
days of notlfication of a compteted app►ication that public convenience or nocessiry would be served by the issuanco.
Please complete items #2a to #30 below arid certify or affix an official seal, ar attach a copy of the Councit or Board resolution or a signed
letter on afficial letterhead stating whether or not the issuance of thc applied for license would Serve as a public corrvenienCe or necessity,
'C
�A. wJL•f PVaLIC CONVENtENCE Ok NECESSm' BC S[RVrD OY I,S,SUANCE OF TMI� ALCOHOUC a[VeRAG[ LICFN$F7
!'n`�es � �No ,� See Attachcd (i.e., Sottor, resolutian, etc.)
� .�
dv. /10 DITIOfJAL CONQJlENTS, IF DE ;IRF� (rruy mclutlo fnc�FPna fOt BpplOvul Of �lun��l of pubVic convonionr,n 0� �cqasrtyl:
1 �
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2B G�'�'Y�CPUNTY UFf-ICIAL
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� 7e CRYtCOl1NTY OFTIGIAL PMON[ NUMDCR
li�c.r- Di lZ-- � � �l,lS�� - �-ZS��
i:s� unrt sicNe .,. -�
L_
(rev. 0'I -11 }
RESOLUTI�N NO. 68-2012
RESOLUTION OF THE CITY COUNCIL OF THE CITY OE BURLINGAME APPROVING A
CATEGORICAL EXEMPTION AND AMENDENT TO CONDITIONAL USE PERMIT AND
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY WOULD BE SERVED
BY THE CALIFORNIA ALCOHOLIC BEVERAGE CONTROL BOARD'S ISSUANCE OF A
TYPE 41 ALCOHOLIC BEVERAGE SALES LICENSE TO ADD SALES OF ALCOHOLIC
BEVERAGES AT AN INCIDENTAL FOOD ESTABLISHMENT AT 824 COWAN ROAD,
ZONED IB.
WHEREAS, a categorica( exemption has been proposed and applicaiion has been made
for an Amendment to Conditional Use Permit and a Finding of Public Convenience and
Necessity (PCN) pursuant to Section 23958.4 of the Califomia Business and Profiessions Code,
related to a request for an alcohalic beverage sales permit {Type 41 — Un-Sale Beer and Wine —
Eating Place) issued through the Califomia Alcoholic Beverage Control Board (ABC), to
increase the hours of operation and add sales of alcoholic beverages at an incidental food
establishment at 824 Cowan Road, Zoned IB, Marc M. Worrall Tr, property owner, APN: 024-
390-210; and
WHEREAS, on September 10, 2012, fhe Planning Commission moved to recommend to
the City Council approval of the Amendment to Conditional Use Permit to increase the hours of
operation and add sales of alcohoiic beverages at an incidental food establishment; and
WHEREAS, the applicant has applied to the California Alcoholic Beverage Control
Board (�ABC°) for a°Type 41" license to permit the sale of beer and wine for consumption on
the premises located at 824 Cowan Road; and
WHEREAS, ihe number af businesses with alcoholic beverage sales licenses in Census
Tract 6051 exceed the number of such licensed businesses permitted by the ABC
("overconcentration"); and
WHEREAS, pursuant to Califomia Business and Professions Code Section 23958.4, an
applicant for a beverage sales license in an area of "overconcentrationn of alcoholic beverage
sales license can requsst the local governmental agency to determine that the pub{ic
convenience and necessity would be served by the issuance of the alcohol beverage sales
license and, if the local agency so finds, the ABC will issue the license; and,
WHEREAS, the applicant has applied to the City for a determination of public
convenience and necessity to obtain a Type 41 alcoholic beverage sales license from the ABC;
and,
WHEREAS, the Police Department has reviewed this application, investigated the
number of alcohol related incidents in this census tract and reviewed the names and locatians of
businesses with alcohalic beverage sales licenses in this census tract; and
WHEREAS, the Police Department, after determining that no facts or circumstances
exist which would prevent the City's determination of public convenience and necessity,
recommends that the City approve the application for a determination of pubiic convenience and
necessity in its report attached to the staff report;
WHEREAS, said matters were heard by the City Council of the City of Burlingame on
October 1, 2012, at which time it reviewed and considered the staff report and all ather written
materials and testimony presented at said hearing;
Resolution No. 68-2012
NOW, THEREFORE, it is RESOLVED and DETERMINED by the City Council of the City of
Burlingame as follows:
1. All af the facts recited above and in the staff report and in all of the attachments thereto,
are true and carrect.
2. On the basis of the Initial Study and the documents submitted and reviewed, and
comrnents received and addressed by this council, it is hereby found that there is no
substantial evidence that the projecf set forth above will have a significant effect on the
environment, and categorical exemption, per CEQA Article 19, Section 15301 (a} which
states that interior or exterior alterations involving such things as interior partitions,
plumbing, and electrical conveniences are exempt from environmental review, is hereby
approved. .
3. Said Amendment to Conditional Use Permit is approved subject to the conditions set
forth in Exhibit °A" attached hereto. Findings for such Amendment Conditional Use
PeRnit are set forth in the staff report, minutes, and recording of said meeting.
4. The City Council determines that the public convenience and necessity would be served
by the issuance of a Type 41 alcohol sales license to the applicant to add sales of
afcoholic beverages at an incidental food establishment located at 824 Cowan Road.
5. It is further directed that a certified capy of this resolution be recorded in the officiai
records of the County of San Mateo.
�� �
(f� C� i�c v�,C_. .
Jerry Deal, Mayor
I, Mary Ellen Keamey, Clerk of the City of Burlingame, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the
Burlingame City Council held on the 1gt day of October, 2012, by the fo[lowing vote to wit:
AYES: Councilmembers: gAyI,OCR,
NOES: Councilmembers: NONE
ABSENT: Councilmembers: DRAT•
BROWNRIGG, REIGHRAN, NAGEL
�
Mary llen Keamey, City Cler
EXHIBIT "A"
Conditions of Approval — Amendment to Conditional Use Permit — 824 Cowan Road
that the project shall be built as shown on the plans submitted to the Planning
Division date stamped May 12, 2011, sheet A1;
2. that the incidental food establishment may not be open for business except during
the hours of 10:00 a.m. to 9:00 p.m., seven days a week and that any change to the
hours of operation which exceeds the maximums as stated in these conditions shall
require an amendment to this Conditional Use Permit;
3. that the Conditional Use Permit to expand the hours of operation of an incidental
food establishment shall apply only to the incidental food establishment and shall
become void if it replaced by a permitted use, is ever expanded, demolished or
destroyed by catastrophe or natural disaster or for replacement;
4. that the conditions of the Chief Building Official's April 21, 2011 memo, the Fire
Marshal's May 2, 2011 memo, the City Engineer's April 25, 2011 memo, the Park
Supervisor's April 26, 2011 memo and the NPDES Coordinator's April 21, 2011
memo shall be met;
5. that interior demolition or removal of the existing structures on the site shall not occur
until a building permit has been issued and such site work shall be required to
comply with all the regulations of the Bay Area Air Quality Management District;
6. that the project shall comply with the Construction and Demolition Debris Recycling
Ordinance which requires affected demolition, new construction and alteration
projects to submit a Waste Reduction plan and meet recycling requirements; any
partial or full demolition of a structure, interior or exterior, shall require a demolition
permit; and
7. that any improvements for the use shall meet all California Building and Fire Codes,
2010 Edition, as amended by the City of Burlingame.
r� ��T� o�
��;:�� �
��;,�,,
�e�i�ii�,
. �
TO:
DATE:
FROM:
S TA F F R E P O RT AGENDA ITEM NO:
MEETING DATE:
7a
October 1. 2012
HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY:
September 24, 2012 APPROVED BY: � �
William Meeker, Community Development Director —(650) 55 -7255
SUBJECT: APPLICATION FOR AMENDMENT TO CONDITIONAL USE PERMIT TO INCREASE
THE HOURS OF OPERATION AND ADD SALES OF ALCOHOLIC BEVERAGES TO AN
EXISTING INCIDENTAL FOOD ESTABLISHMENT (NEW ENGLAND LOBSTER
COMPANY) AND A FINDING OF PUBLIC CONVENIENCE AND NECESSITY (PCN)
PURSUANT TO SECTION 23958.4 OF THE CALIFORNIA BUSINESS AND
PROFESSIONS CODE, RELATED TO A REQUEST FOR AN ALCOHOLIC BEVERAGE
SALES PERMIT (TYPE 41 — ON-SALE BEER AND WINE — EATING PLACE) ISSUED
THROUGH THE CALIFORNIA ALCOHOLIC BEVERAGE CONTROL BOARD (ABC) AT
824 COWAN ROAD, ZONED IB.
RECOMMENDATION:
The City Council should conduct a public hearing to consider the requests for Amendment to Conditional
Use Permit to increase the hours of operation and add sales of alcoholic beverages to an existing
incidental food establishment (New England Lobster Company) and a Finding of Public Convenience and
Necessity (PCN) at 824 Cowan Road, and consider public testimony and the analysis contained within
the staff report. Action regarding the item should include specific findings supporting the Council's
decision, and should be affirmed by adoption of resolution of the City Council. The reasons for any
action should be stated clearly for the record. The City Council may consider the following alternatives:
1. approve the application for an Amendment to Conditional Use Permit to increase the hours of
operation and add sales of alcoholic beverages to an existing incidental food establishment and
determine that the public convenience and necessity would be served by the California Alcoholic
Beverage Control Board's issuance of a Type 41 alcoholic beverage sales license at 824 Cowan
Road, subject to conditions; or
2. deny the application for Amendment to Conditional Use Permit to increase the hours of operation
and add sales of alcoholic beverages to an existing incidental food establishment and the request
for a Finding of Public Convenience and Necessity.
BACKGROUND:
Project Description: On May 23, 2011, the Planning Commission approved a Conditional Use Permit to
vary from the criteria for operating an incidental food establishment (New England Lobster Company)
allowing the business to operate seven days a week from 10 a.m. to 7 p.m. (zoning code allows 10 a.m.
to 5 p.m. on weekdays; no operation allowed on weekends). A building permit was issued on December
1, 2011, and construction is nearing completion.
The applicant, Marc Worrall, representing New England Lobster Company, is requesting approval of an
Amendment to the Conditional Use Permit granted in May, 2011 to 1) increase the hours of operation
and 2) add sales of alcoholic beverages to the previously approved incidental food establishment at 824
Cowan Road, zoned IB.
CITY COUNCIL MEETING — October 1, 2012
Public Hearing — 824 Cowan Road
New England Lobster now occupies both buildings on the site and contains an office, warehouse and
storage uses to support the business. In addition to the wholesale business, the applicant will soon
begin operating an incidental food establishment (cafe) in the front corner of the building to offer fresh
lobster, crab and deli services to the public (approved with a Conditional Use Permit in May, 2011). The
cafe measures approximately 1,500 SF in area, including the kitchen (1,500 SF inaximum allowed in an
incidental food establishment). With this application, there are no changes proposed to the floor plans;
the previously approved plans have been included for reference.
The previously approved Conditional Use Permit allowed the cafe to be open seven days a week from 10
a.m. to 7 p.m. The applicant is now applying for a Conditional Use Permit Amendment to increase the
hours of operation to 9 p.m., seven days a week in order to serve guests staying in nearby hotels, as well
as employees working in nearby businesses. The applicant would also like to offer beer and wine with
the customer's meal; a Conditional Use Permit is required for sales of alcoholic beverages in an
incidental food establishment. The following applications were recommended for approval by the
Planning Commission at their September 10, 2012 meeting:
■ Application for Amendment to Conditional Us�
10:00 a.m. to 7:00 p.m., seven days a week to
25.43.030 (�); and
Permit to increase the hours of operation, from
10:00 a.m. to 9:00 p.m., seven days a week (C.S.
• Application for Amendment to Conditional Use Permit to add sales of alcoholic beverages at an
incidental food establishment (C.S. 25.43.030 (fl).
The latest Planning Commission staff report (dated September 10, 2012) is attached to this report and
contains a detailed analysis of the proposal.
Prior Planning Commission Action:
Planninq Commission Recommendation:
This application was reviewed by the Planning Commission on September 10, 2012 as a Regular Action
Item. At its meeting of September 10, 2012, the Planning Commission recommended approval to the
City Council of the applicant's request for an Amendmeni to Conditional Use Permit to increase the hours
of operation and add sales of alcoholic beverages to an existing incidental food establishment at 824
Cowan Road, Zoned IB (see attached September 10, 2012 Planning Commission Minutes). The
Commission recommended approval of the application on a vote of 6-0-0-0 with conditions of approval.
Since the application requires a Finding of Public Convenience and Necessity by the City Council, the
Planning Commission's action on the Amendment to Conditional Use Permit was a recommendation.
Determination of Public Convenience or Necessity:
On July 18, 2012, the applicant submitted a letter to the Community Development Department requesting
a Determination of Public Convenience or Necessity, as required by the Department of Alcoholic
Beverage Control (ABC) (attached). This application is now being brought to City Council for review and
determination that the public convenience and necessity would be served by the issuance of a Type 41
(On-Sale Beer and Wine — Eating Place) alcohol sales license. Attached you will find a memo from
Police Captain Mike Matteucci, dated August 13, 2012, concerning Police Department Recommendation
in support of the ABC License Application.
Finding of Public Convenience and Necessity: Pursuant to Section 23958.4 of the California Business
and Professions Code, since the number licenses permitting alcohol sales within the area exceeds the
maximum number allowed within the census tract constituting an "overconcentration" per ABC
2
CITY COUNCIL MEETING — October 1, 2012
Public Hearing — 824 Cowan Road
regulations, the applicant is required to seek City adoption of a finding of "public convenience and
necessity" prior to issuance of the licenses by the ABC. There are currently 39 total licenses in Census
Tract 6051 (32 on-sale licenses and 7 off-sale licenses). ABC limits the amount of off-sale licenses per
tract (limit of 4); however, they do not limit the amount of on-sale licenses per tract. Adoption of a finding
of public convenience and necessity by the City is, in essence, a determination that based upon analysis
by the City, issuance of the requested Type 41 license (On-Sale Beer and Wine — Eating Place) will not
be detrimental to the public health, safety and welfare.
Police Department Review; The Burlingame Police Department has reviewed the applicant's request for
an ABC license. The findings of this review are attached to this report (see attached memo dated August
13, 2012, from Police Captain Mike Matteucci), which includes a review of police related calls for the 39
existing licenses in this census tract.
To summarize, the Department supports a finding of "public convenience and necessity" and issuance of
the requested licenses by the ABC. The Police Department found that "New England Lobster Company
is a full service specialty restaurant requesting the on-sale of beer and wine to complement their lobster
and crab dishes" and that "this request will not over saturate the area with on-sale licenses, and therefore
we have no reason to deny the request." In addition, the memo notes that "the surrounding area
primarily consists of commercial businesses and hotels (there is no residential housing, apartments,
parks, or schools in the area)." There were no suggested conditions of approval from the Police
Department.
The following conditions of approval, associated with the Amendment to Conditional Use Permit, are
recommended, and will be added to the conditions of approval above for the project.
1. that the project shall be built as shown on the plans submitted to the Planning Division date
stamped May 12, 2011, sheet A1;
2. that the incidental food establishment may not be open for business except during the hours
of 10:00 a.m. to 9:00 p.m., seven days a week and that any change to the hours of operation
which exceeds the maximums as stated in these conditions shall require an amendment to
this Conditional Use Permit;
3. that the Conditional Use Permit to expand the hours of operation of an incidental food
establishment shall apply only to the incidental food establishment and shall become void if it
replaced by a permitted use, is ever expanded, demolished or destroyed by catastrophe or
natural disaster or for replacement;
4. that the conditions of the Chief Building Official's April 21, 2011 memo, the Fire Marshal's May
2, 2011 memo, the City Engineer's April 25, 2011 memo, the Park Supervisor's April 26, 2011
memo and the NPDES Coordinator's April 21, 2011 memo shall be met;
5. that interior demolition or removal of the existing structures on the site shall not occur until a
building permit has been issued and such site work shall be required to comply with all the
regulations of the Bay Area Air Quality Management District;
6. that the project shall comply with the Construction and Demolition Debris Recycling
Ordinance which requires affected demolition, new construction and alteration projects to
submit a Waste Reduction plan and meet recycling requirements; any partial or full
demolition of a structure, interior or exterior, shall require a demolition permit; and
3
CITY COUNCIL MEETING — October 1, 2012
Public Hearing — 824 Cowan Road
7. that any improvements for the use shall meet all California Building and Fire Codes, 2010
Edition, as amended by the City of Burlingame.
Zoning and Land-Use: The property at 824 Cowan Road is presently zoned IB. Within the district, a
Conditional Use Permit is required for sales of alcoholic beverages in an incidental food establishment.
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.
Attachments:
September 10, 2012 Planning Commission Meeting Minutes
Inter-Department Memo from Police Captain, dated August 13, 2012
Letter to the Community Development Department requesting a Determination of Public Convenience
and Necessity, letter dated July 18, 2012
September 10, 2012 Planning Commission Staff Report
Notice of Public Hearing — Mailed September 21, 2012
City Council Resolution (proposed)
4
� CITY OF BURLINGAME PLANNING COMMISSION — Unapproved Minutes September �0, 2012
3. 824 COWAN ROAD, ZONED IB —APPLICATION FOR AMENDMENT TO CONDITIONAL USE PERMIT
TO INCREASE THE HOURS OF OPERATION AND ADD SALES OF ALCOHOLIC BEVERAGES TO AN
EXISTING INCIDENTAL FOOD ESTABLISHMENT (MARC WORRALL, APPLICANT AND PROPERTY
OWNER) STAFF CONTACT: RUBEN HURIN
Reference staff report dated September 10, 2012, with attachments. Community Development Director
Meeker presented the report, reviewed criteria and staff comments. Seven (7) conditions were suggested
for consideration.
Questions of staff:
None.
Chair Gaul opened the public hearing.
Marc Worrall, Burlingame; represented the applicant.
Commission comments:
Looks like the construction is moving along nicely — the business will be a nice addition.
Public comments:
None.
There were no further comments and the public hearing was closed.
Additional Commission comments:
None.
CommissionerAuran moved to recommend approval of the application to the City Council with the following
conditions:
1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped
May 12, 2011, sheet A1;
2. that the incidental food establishment may not be open for business except during the hours of
10:00 a.m. to 7:00 p.m., seven days a week and that any change to the hours of operation which
exceeds the maximums as stated in these conditions shall require an amendment to this Conditional
Use Permit;
3. that the Conditional Use Permit to expand the hours of operation of an incidental food establishment
shall apply only to the incidental food establishment and shall become void if it replaced by a
permitted use, is ever expanded, demolished or destroyed by catastrophe or natural disaster or for
replacement;
4. that the conditions of the Chief Building Official's April 21, 2011 memo, the Fire Marshal's May 2,
2011 memo, the City Engineer's April 25, 2011 memo, the Park Supervisor's April 26, 2011 memo
and the NPDES Coordinator's April 21, 2011 memo shall be met;
9
CITY OF BURLINGAME PLANN/NG COMMISSION — Unapproved Minutes September 90, 2012 `
5. that interior demolition or removal of the existing structures on the site shall not occur until a building
permit has been issued and such site work shall be required to comply with all the regulations of the
Bay Area Air Quality Management District;
6. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which
requires affected demolition, new construction and alteration projects to submit a Waste Reduction
plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior,
shall require a demolition permit; and
7. that any improvements for the use shall meet all Califomia Building and Fire Codes, 2010 Edition, as
amended by the City of Burlingame.
The motion was seconded by Commissioner Sargent.
Discussion of motion:
None.
Chair Gaul called for a voice vote on the motion to recommend approval to the City Council. The motion
passed 6-0-0-0. The Planning Commission's action is advisory and not appea/ab/e. This item concluded at
7:47 p.m.
�
BURLINGAME POLICE DEPARTMENT
. Memorandum
To: William Meeker, Community Development Director
From: Mike Matteucci, Police Captain
Cc: Edwa� d Wood, Chief of Police
Subject: Determination of Public Convenience or Necessity for 824 Cowan Road (New
England Lobster Company)
Date: August 13, 2012
New England Lobster Company, a full service specialty restaurant, requests approval of a Finding of
Public Convenience and Necessity (FOPCl� to allow an alcoholic beverage license (Type 41) to sell beer
and wine for on-site consumption. The Alcohol Beverage Control Board (ABC) enforces the licensing of
alcoholic retailers regulated by State Law under Section 23958 of the Business and Professional Code.
ABC will deny any application if issuance of the license will create a law enforcement problem or if
issuance will result in or add to an undue concentration of licenses.
New England Lobster Company is located at 824 Cowan Road in the City of Burlingame and is in Census
Tract #6051, which roughly consists of the Broadway, Rollins Road, and Bayshore Highway area. There
are currently 39 total licenses in this Census Tract (32 on-sale licenses and 7 off-sale licenses). ABC
limits the amount of off-sale licenses per tract (limit of 4); however, they do not lunit the amount of on-
sale licenses per tract.
The phrase "public convenience and necessity" is not defined in either the Alcohol Beverage Control Act
provisions of the State Business and Professions Code or in the ABC guidelines. Other than the number
and location of licensed alcohol premises, the Burlingame Police Department used the following factors
to determine the level of support for a fmding of "public convenience and necessity":
A review of the police related calls at New England Lobster Company were non-existent as this is
a new business.
A review of police calls within the past year for the other 39 licensed establishments in this
Census Tract are as follows:
• Benihana (1496 Bayshore Hwy): 48 total calls (2 were disturbance and/or alcohol
related)
• Earth Beams Natural Foods (1399 Broadway): 4 total calls (0 were disturbance
and/or alcohol related)
• El Torito (1590 Bayshore Hwy): 41 total calls (3 were disturbance and/or alcohol
related)
• Village Host Pizza (1201 Broadway): 6 total calls (1 was disturbance and/or
alcohol related)
• Young's Liquor (1408 Broadway): 4 total calls (2 were disturbance and/or
alcohol related)
• Behan's Irish Pub (1327 Broadway): 16 total calls (6 were disiurbance and/or
alcohol related)
• Max's Opera House Cafe (1250 Bayshore Hwy): 1 total call (0 were disturbance
and/or alcohol related)
• Hyatt Regency Hotel (1333 Bayshore Hwy): 276 total calls (10 were disturbance
and/or alcohol related)
• Weitnax Wines & Spirits (1178 Broadway): 4 total calls (0 were disturbance
and/or alcohol related)
• Gulliver's Restaurant (1699 Bayshore Hwy): 7 total calls (0 were disturbance
andlor alcohol related)
• Yakiniku (1204 Broadway): 4 total calls (0 were disturbance and/or alcohol
related)
• Bua Thong Kitchen (1320 Broadway): 0 calls
• Marriott Hotel (1800 Bayshore Hwy): 122 total calls (6 were disturbance and/or
alcohol related)
• Grace Garden Restaurant (1200 Broadway): 7 total calls (0 were disturbance
andlor alcohol related)
• Caribbean Gardens (1306 Bayshore Hwy): 19 total calls (6 were disturbance
and/or alcohol related)
• Broadway Deli (1431 Broadway): 1 total call (0 were disturbance and/or alcohol
related)
• Broadway Prime (1316 Broadway): 4 total calls (0 were disturbance and/or
alcohol related)
• Aji Yoshi Ya (1190 Broadway): 1 total call (0 were disturbance andlor alcohol
related)
• Elephant Bar (1600 Bayshore Hwy): 54 total calls (5 were disturbance and/or
alcohol related)
• Burlingame Foods (1236 Broadway): 0 calls
• Fandorin (1492 Bayshore Hwy): 11 total calls (4 were disturbance and/or alcohol
related)
• Mivan (1232 Broadway): 7 total calls (0 were disturbance and/or alcohol related)
• Cafe Figaro (1318 Broadway): 4 total calls (1 was disturbance andlor alcohol
related)
• Francesco's Deli & Cafe (840 Stanton Rd): 4 total calls (0 were disturbance
and/or alcohol related)
� Broadway Grill (1400 Broadway): 16 tota.l calls (1 was disturbance and/or
alcohol related)
• Denpo America (1533 Bayshore Hwy): 3 total calls (0 were disturbance andlor
alcohol related)
• Sahaara Restaurant (1130 Broadway): 47 total calls (42 were disturbance and/or
alcohol related)
• Joe's Cafe by the Bay (1669 Bayshore Hwy A): 0 calls
• R.istorante Rocca (1205 Broadway): 5 total calls (0 were disturbance andlor
alcohol related)
• Shabu House (1150 Paloma Ave): 18 total calls (12 were disturbance and/or
alcohol related)
• Coucou Japanese Cuisine (1355 Broadway): 1 total calls (0 were dishubance
and/or alcohol related)
• Il Piccolo Cafe (1219 Broadway): 11 total calls (1 was disturbance and/or alcohol
related)
2
• Walgreens (1160 Broadway): 72 total calls (5 were disturbance and/or alcohol
related)
• Big Joe's Cafe (1251 Broadway): 3 total calls (0 were disturbance andlor alcohol
related)
• R&M Broadway 76 (1480 Broadway): 14 total calls (3 were disturbance and/or
alcohol related)
� Metro Restaurant (1136 Broadway): 5 total calls (0 were disturbance and/or
alcohol related)
� Mokutanya (1155 California Dr G): 5 total calls (2 were disturbance and/or
alcohol related)
• Cuisine Style (1755 Rollins Rd): 0 calls
The surrounding area primarily consists of commercial businesses and hotels (there is no
residential housing, apartments, parks, or schools in the area).
CONCLUSION:
New England Lobster Company is a full service specialty restaurant requesting the on-sale of beer and
wine to compliment their lobster and crab dishes. The police deparlment feels that this request will not
over saturate the area with on-sale licenses, and therefore we have no reason to deny the request.
3
New England Lobster Co., Inc.
824 Cowan Road, Burfingame, CA 94010
Phone:650-873-9000 Fax:650-873-9002
Ju�y is, Zoia
.. — `�
CityofBurlingame ��U� � �1 r''�'''f
. 1„�_
Community Development — Planning Division
Attn: Mr. William Meeker, Community Development Director _ — , ,- ,:_;,cF �;.� -:: .;• .;_.
501 Primrose Road i�i,: `-" '_`,': i<;' , '.
� L�: .
Burlingame, CA 94010-3997
Re: Request for Determination of Public Convenience or Necessitv for New En�land Lobster Company,
Inc. Located at 824 Cowan Road, Burlin�ame, CA 94010
Dear Mr. Meeker,
'Ihis letter serves to inform you that New England Lobster Company, Inc. has applied for a Type-41 (Application
no.41-523154) for the on-sale of wine and beer at its restaurant located at 824 Cowan Road, Burlingame, CA
94010 (New England I.obster Market & Eatery).
We have been informed by the Department of Alcoholic Beverage Control that a determination of public
convenience or necessity is required by the City of Burlingame is a condition of the issuance of this license.
Section 23958.4 (b) 2) of the Califomia Business and Professional Code provides the issuance of an on-sale beer
and wine-Eating Place license
"if the local governing body of the area in which the applicant premises are located, or its
designated subordinate officer or body, determines within 90 days of notification of a
completed application that public convenience or necessity would be served by issuance. The
90-day period shall commence upon receipt by the local governing body of (a) notification by
the departrnent of an application of licensure, or (b) a completed application according to local
requirements, if any, whichever is later."
We respectfully request that the City of Burlingame determine that a Type-41 On-Sale Beer & Wine — Eating
Place at New England Lobster Company, Inc. will serve public necessity.
I. Proiect Description
The on-sale of beer and wine will compliment the lobster and crab dishes. VJe are a specialty restaurant with a
very unique menu, which includes the following items:
Lobster Rolls
Shrimp Rolls
Crab Rolls
VJhole cooked Maine L.obster
Whole cooked Dungeness Crab
Clams, Mussels & Oysters
Fish & Chips
I.obster Com Chowder Soup
Crab & Clam Chowder Soup
II, The On-Sa1e Beer & Wine-Eatiu� Place will serve public convenience or necessitv
It is anticipated the customers who currently shop at New England Lobster Company will enjoy the added benefit
of being able to drink beer and wine with seafood meals. There is not a restaurant with this type of concept in
our azea. We are going to have a similar concept of a small restaurant on a wharf in Maine with a very simple
menu that is priced right. It is the expectation of New England Lobster Company, Inc. that the issuance of an
On-Sale Beer & Wine-Eating Place will have no adverse efFects on the surrounding community in terms of
excess traffic, and deliveries to the store.
III. The On-Sale Beer & Wine-Eatin� Place at New Ensland Lobster Companv is consistent with
adiacent uses.
New England I.obster Company is located near 5 maj or hotels; Westin, Hyatt, Marriott, Aloft and Hilton. VJe
anticipate that many of these tourists will come in to buy lunch or an early dinner and would enjoy a glass of
wine or a beer with their meal.
N. The On-Sa]e Beer & Wine Eatina Place will not have a detrimental impact on the
surroundiaa area.
So as to make certain there remains minimal disruption to surrounding neighborhoods. New England Lobster
Company has taken preemptive measures to ensure that the on-sale of beer and wine at its location will be
handled in a responsible and conscientious manner. Detailed policies and procedures on responsible beverage
service endorsed by management are already in place and will be strictly cnforced.
Some of these policies are as follows:
• Employees must undergo training prior to wine tasting being made available to New England Lobster
Company.
• Each employee that serves on-sale beer and wine must submit a signed policy aclmowledgement
indicating that they have been trained and understand all issues related to the responsible beverage
service. 'Ihese include, but are not limited to the following.
• Alcohol and legal issues
. Idenrificarion Checlang
• Handling of difficult customers
• Signs of intoxication
• Designated drivers
• How alcohol effects the body .
• Identifying and handling problem situations
• Minors and fake identifications .
• Under-aged employees will not be allowed to handle the selling, stocking or serving of alcoholic
beverages.
Trainin.g will be provideci by the manager of New England Lobster Company, utilizing the information supplied
from Responsible Serving of Alcoholic Beverages, Complete Staff Training Course for Bars and Restaurants.
The Responsible Serving of Alcoholic Beverages training course provides management and liquor service staff
Irnowledge and awareness neaessary to responsibly serve alcohol in a licensed premises. Implementation of this
training will help ensure that the on-sale service of beer and wine will not be dehimental to residents, shoppers or
other businesses in the vicinity of New England Lobster Company.
IV. Conclusion
In conclusion with being granted the Type 41 Beer and VJine license we feel that the sale of beer and wine will
not be a detrimental to the residents, shoppers, or other businesses in the vicinity of New England L.obster
Company. We feel that Beer and Wine will be a convenience to our customers who enjoy a reasonably priced
seafood lunch or dinner. VJe are committed to providing this convenience in a safe and conscientious manner,
with minimal disruption of the surrounding neighborhood.
Per ABC requests, we are attaching Form A:BC-245, informarion and Instructions — Section 23958.4 B&P an�i a
detail floor p]an, indicating the proposed beer and wine sa]e area.
Please feel free to contact me should you require further information.
Very truly yours,
r�����
��.
����i%� �<-t
Marc Worrall, President
New England Lobster Company
824 Cowan Road
Bwlingame, CA 94010
(650)873-9000
G!'J d I171U1
_ ,,•-�
Department of Afcahafic Beverage Control
�.PLANNED GpEF�AT[dN (R�TAIL)
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SECTION 1- FOR ALL RETRIL APPE.ICANTS ____
t. qPPtICANT NAM�(Sj 2 LICCNSETYPE(S)
New Fngland Lobster, Inc. Type 41
s. PkGMISES ADDRESS (Stroet numbor and name, ci1y. zip cede) 4. NEAA[ST CROSS 57REET
�24 C:owan Rd. Aurlingame, CA 940t� liirportBlvd.
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79, pqEMISES IS LOCATEO ON
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n Yes � No I� Yes - how many;
!D. TYPEOFSTRUGTURE
------_..�... _........---
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Departanent ofAlcoholic Beverage Control
APPLICATION FOR ALCOHOLIC BEV�RAGE LICENSE(S)
ABC 21 1 (6/99)
State of California
TO:Department of Alcoholic Beverage Control
1515 CLAY ST ,
STE 2208
OAICLAND, CA 94612
(510) 622-4970 �
DISTRICT SERVING LOCATION: SAN FRANCISCO
First Owner:
Name of Business:
Location of Business:
�i '� 1. �-� �' �
lL% J V ' `
FilaNumber: 523154 ^ '��� ~ ��'2'Z
Receipt Number: 2118899
Geographical Code: 4103 �
Copies�MailEd Date: June 22, 2012
Issued Date:
NEW ENGLAND LOBSTER CO., TNC
NEW ENGLAND LOBSTER MARKET
824 COWAN RD.
BURLINGAME, CA 94010-1205
County: SAN MATEO
Is Premise inside city limits? Yes
Mailing Address:
(lf different from
premises address)
Type of license(s): 41
Transferor's license/name:
Census Tract 6051.00
Dropping Partner: Yes � No
License Tvpe Transaction Tvpe Fee Tvpe . Master Dup Date
41 - On-Sale Beer Md Wine ANNUAL FEE NA Y 0 06/22/12
41-On-Sale BeerAnd Wine ORIGINAL FEES NA Y 0 06/22/12
NA FEDERAL FINGERPRINTS NA N 2 06/22/12
NA STATE FINGERPRINTS NA N 2 06/22/12
Total
Have you ever been convicted of a felony? No
Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the
Deparnnent pertaining to the Act? No
Exptain any "Yes" answer to the above questions on an attachment which shall be deemed pari of this application.
Fee
$350.00
$300.00
$48.00
$78.00
$776.00
Applicant agrees (a) that any manager employed in an on-sale licensed pi•emises will have all the qualifications of
a licensee, and (b) that he will not violate or cause or pennit to be violated any of the provisions of the Alcoholic
Beverage Control Act. '
STATE OF CALIFORNIA County of SAN MATEO Date: June 22, 2012
Under penalh� of perjuq•, each person vdhose signature appears below, certifies and says: (1) He is an applicant, or one ofthe applicanu, or an executive officer
of the appiicant corporrtion, named in the foregoing apptication, duly authorized to make this application on iu behalf; (2) that he has read the foregoing and
knows the contenu ttiereof and that each of the above statements thercin made are true; (3) that no person other than the applicant or applican�s has any direct
or indirect interest in the applicant or applicant's business to be conducted under the license(s) for which this application is made; (4) that the uansfer
application or proposed vansfer is not made to satisfy the payment of a loan or to fulfill an agreement entered into more than ninety (�0) days preceding the day
on v✓hich the transfer application is filed ��ith tlu Department or to gain or establish a preference to or for any creditor or transferor or to defraud or injure any
creditor of transferor; (5) that tlu transferapplication may be withdra�m by either the applicant or the licensee K�ith no resulting liabilit�� to the Department.
Effcctivc July 1, 2012, Assembly Bill No. 1424, authorizes the State Board of Equaliz�tion aud the Franchisc Tax Board to sh�re taspaycr
information with Department of Alcoholic Bcverage Control. Thc DepArtment may suspend, revoke, and refuse to issue a liccnse if the liccnsec's
name a�pcars in the 500 largest tax delinqucncies I'ut. (Assemblp Bill No. 1424, Chapter 455)
Applicant Name(s)
NEVd ENGLAND LOBSTER CO., INC
Applicant Signature(s)
See 211 Signature Page
. - --^�
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City of Burlingame
Amendment to Conditional Use Permit
Address: 824 Cowan Road
Item No.
Action item
Meeting Date: September 10, 2012
Request: Amendment to Conditional Use Permit to increase the hours of operation and add sates of alcoholic
beverages to an existing incidental food establishment (New England Lobster Co.).
Applicant and Property Owner: Marc Worrall, New England Lobster Co., Inc.
General Plan: Industrial and Office
APN: 024-390-210
LotArea: 31,819 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.
Current Use: Office, warehouse, storage and incidental food establishment for New England Lobster
Company.
Proposed Use: Same as current use; increase hours of operation and add sales of alcoholic beverages.
Allowable Use: Incidental food establishment with sales of alcoholic beverages with appro�al of a Conditional
Use Permit Amendment.
History: On May 23, 2011, the Planning Commission approved a Conditional Use Permit to vary from the criteria
for operating an incidental food establishment (New England Lobster Company) allowing the business to operate
seven days a week from 10 a.m. to 7 p.m. (zoning code allows 10 a.m. to 5 p.m. on weekdays; no operation
allowed on weekends) (see attached May 23, 2011 Planning Commission Minutes). A building permit was
issued on December 1, 2011, and construction is nearing completion.
Project Description: The applicant, Marc Worrall, representing New England Lobster Company, is requesting
approval of an Amendment to the Conditional Use Permit granted in May, 2011 to 1) increase the hours of
operation and 2) add sales of alcoholic beverages to the previously approved incidental food establishment at
824 Cowan Road, zoned IB.
New England Lobster now occupies both buildings on the site and contains an office, warehouse and storage
uses to support the business. In addition to the wholesale business, the applicant will soon begin operating an
incidental food establishment (cafe) in the front comer of the building ta offer fresh lobster, crab and deli services
to the public (approved with a Conditional Use Permit in May, 20'41). The cafe measures approximately 1,500
SF in area, including the kitchen (1,500 SF inaximum allowed in an incidental food establishment). With this
application, there are no changes proposed to the floor plans; the previously approved plans have been included
for reference.
The previously approved Conditional Use Permit allowed the cafe to be open seven days a week from 10 a.m. to
7 p.m. The applicant is now applying for a Conditional Use Permit Amendment to increase the hours of
operation to 9 p.m., seven days a week in order to serve guests staying in nearby hotels, as well as employees
working in nearby businesses. The applicant would also like to offer beer and wine with the customer's meal; a
Conditional Use Permit is required for sales of alcoholic beverages in an incidental food establishment. The
applicant is requesting the following applications:
• Application forAmendmentto Conditional Use Permitto increase the hours of operation, from 10:00 a.m.
to 7:00 p.m., seven days a week to 10:00 a.m. to 9:00 p.m., seven days a week (C.S. 25.43.030 (fl); and
Application for Amendment to Conditional Use Permit to add sales of alcoholic beverages at an
incidental food establishment (C.S. 25.43.030 (fl).
Condifionaf Use Permif Amendmenf 824 Cowan Road
824 Cowan Road
Lot Area: 31,819 SF
EXISTING I PROPOSED ALLOWED/REQUIRED
Use: Office, warehouse, no change Office, warehouse, storage
storage and incidental and incidental food
food establishment establishment permitted
Hours of 7 days a week 7 days a week 7 days a week
Operation for 10 a.m. to 7 p.m. 10 a.m. to 9 p.m.' 10 a.m. to 7 p.m.
Incidental Food
Esfablishment: (based on approval of (based on approval of
Conditional Use Permit Conditional Use Permit in
in Ma , 2011 Ma , 2011
Sa/es of Alcoholic none Sales of alcoholic Sales of alcoholic
Beverages: beverages 2 beverages with approval of
(Type 41 - On-Sale Beer a Conditional Use Permit
and Wine for Bona Fide
Eatin Place
' Application forAmendment to Gonditional Use Nermit to increase tne nours ot operation, from 10:00 a.m. to
7:00 p.m., seven days a week to 10:00 a.m. to 9:00 p.m., seven days a week.
2 Application for Amendment to Conditional Use Permit to add sales of alcoholic beverages at an incidental
food establishment (C.S. 25.43.030 (fl).
Determination of Public Convenience or Necessity: On July 18, 2012, the applicant submitted a letterto the
Community Development Department requesting a Determination of Public Convenience or Necessity, as
required by the Department of Alcoholic Beverage Control (ABC) (attached). Staff would note that if the
Conditional Use Permit Amendment is recommended to the City Council for approval, this application will then
be forwarded to City Council for review and determination that the public convenience and necessity would be
served by the issuance of a Type 41 (On-Sale Beer & Wine - Eating Place) alcohol sales license. Attached you
will find a memo from Police Captain Mike Matteucci, dated August 13, 2012, concerning Police Department
Recommendation in support of the ABC License Application.
Staff Comments: Planning staff would note that since this application includes a minor increase in the hours of
operation and to add sales of alcoholic beverages at an existing incidental food establishment, the application
was placed directly on the action calendar. If the Commission feels there is a need for more discussion, this
item may be placed on a#uture action calendar for a second review and/or public hearing with direction to the
applicant.
Findings for a Conditional Use Permit: In order to grant a Conditional Use Permit, 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 detrimentai 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, rnass, bulk and character of existing and potential uses on adjoining properties in the general
vicinity.
2
Conditional Use Permit Amendment
824 Cowan Road
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. Since the application requires a
Finding of Public Convenience and Necessity by the City Council, the Planning Commission's action on the
Amendment to Conditional Use Permit is a recommendation. At the public hearing the following conditions
should be considered for recommendation to the City Council (changes are shown in italics and strikethroughs):
1. that the project shall be built as shown on the plans submitted to the Planning Division date stamped
May 12, 2011, sheet A1;
2. that the incidental food establishment may not be open for business except during the hours of 10:00
a.m. to � 9:00 p.m., seven days a week and that any change to the hours of operation which
exceeds the maximums as stated in these conditions shall require an amendment to this Conditional Use
Permit;
3. that the Conditional Use Permit to expand the hours of operation of an incidental food establishment
shall apply only to the incidental food establishment and shall become void if it replaced by a permitted
use, is ever expanded, demolished or destroyed by catastrophe or natural disaster or for replacement;
4. that the conditions of the Chief Building Official's April 21, 2011 memo, the Fire Marshal's May 2, 2011
memo, the City Engineer's April 25, 2011 memo, the Park Supervisor's April 26, 2011 memo and the
NPDES Coordinator's April 21, 2011 memo shall be met;
5. that interior demolition or removal of the existing structures on the site shall not occur until a building
permit has been issued and such site work shall be required to comply with all the regulations of the Bay
Area Air Quality Management District;
6. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which
requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan
and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall
require a demolition permit; and
7, that any improvements for the use shall meet all Califomia Building and Fire Codes, 2010 Edition, as
amended by the City of Burlingame.
Ruben Hurin, Senior Planner
c. Marc Worrall, New England Lobster Company, applicant and property owner
Attachments:
May 23, 2011 Planning Commission Minutes
Application to the Planning Commission
Conditional Use Permit Application
Commercial Application
Inter-Department Memo from Police Captain, dated August 13, 2012
Request for Determination of Public Convenience and Necessity, letter dated July 18, 2012
Notice of Public Hearing — Mailed August 31, 2012
Aerial Photo
3
CITY OF BURL/NGAME PLANN/NG COMM/SSION — Approved Minuies May 23, 2011
6. 824-826 COWAN ROAD, ZONED IB — APPLICATION FOR CONDITIONAL USE PERMIT TO VARY
FROM THE CRITERIA FOR OPERATING AN INCIDENTAL FOOD ESTABLISHMENT (HOURS OF
OPERATION) (UNA KINSELLA, APPLICANT AND ARCHITECT; MARC. M. WORRALL TR, PROPERTY
OWNER) STAFF CONTACT: RUBEN HURIN
Reference staff report dated May 23, 2011, with attachments. Community Development Director Meeker
presented the report, reviewed criteria and staff comments. Seven (7) conditions were suggested for
consideration.
Questions of staff:
None.
Chair Yie opened the public hearing.
Marc Worrall, 170 Mitchell Avenue, South San Francisco; represented the applicant.
Commission comments:
Asked where the additional parking is to be located. (Meeker — noted that the parking is non-
conforming, no additional parking is required.)
Are the businesses in the area open on the week-end? Will there be the need for additional
parking? (Worrall — should be sufficient; other businesses are not necessarily open on the week-
ends. The cafe is primarily set up for take-out.)
Asked if there will be retail at the location? (Worrall — yes.)
Public comments:
None.
There were no further comments and the public hearing was closed.
CommissionerAuran moved to approve the application, by resolution, with the following conditions:
that the project shall be built as shown on the plans submitted to the Planning Division date stamped
May 12, 2011, sheet A1;
2. that the incidental food establishment may not be open for business except during the hours of
10:00 a.m. to 7:00 p.m., seven days a week and that any change to the hours of operation which
exceeds the maximums as stated in these conditions shall require an amendment to this Conditional
Use Permit;
3. that the Conditional Use Permit to expand the hours of operation of an incidental food establishment
shall apply only to the incidental food establishment and shall become void if it replaced by a
permitted use, is ever expanded, demolished or destroyed by catastrophe or natural disaster or for
replacement;
4. that the conditions of the Chief Building Official's April 21, 2011 memo, the Fire Marshal's May 2,
2011 memo, the City Engineer's April 25, 2011 memo, the Park Superviso►'s April 26, 2011 memo
and the NPDES Coordinator's April 21, 2011 memo shall be met;
9
CITY OF BURLINGAME PLANNING COMM/SSION — Approved Minuies May 23, 201 �
5. that interior demolition or removal of the existing structures on the site shall not occur until a building
permit has been issued and such site work shall be required to comply with all the regulations of the
Bay Area Air Quality Management District;
6. that the project shall complywith the Construction and Demolition Debris Recycling Ordinance which
requires affected demolition, new construction and alteration projects to submit a Waste Reduction
plan and meet recycling requirements; any partial or full demolition of a structure, interior or exterior,
shall require a demolition permit; and
7. that any improvements for the use shall meet all Califomia Building and Fire Codes, 2010 Edition, as
amended by the City of Burlingame.
The motion was seconded by Commissioner Visfica.
Discussion of motion:
None.
Chair Yie called fora voice vote on the motion to approve. The motion passed 7-0-0-0. Appeal procedures
were advised. This item concluded at 8:53 p.m.
90
��
BURLINGAME
�
COMMUNITY DEVELOPMENT DEPARTMENT • 50'I PRIMROSE ROAD • BURLINGAME, CA 940'I O
p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org
APPLICATION TO THE PLANNING COMMISSION
Type of appiication:
❑ Design Review ❑ Variance
� Conditional Use Permit 0 Special Permit
PROJECT ADDRESS: �1:�� 1( C c`i�_�
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APPLICANT project contact person �
Payor of DSR depasit/handling fee ❑
OK to send electronic copies of documents ❑
Name: �� r c C��r �' Q ��
Address: 1��.3" l"�S ����� ��'
C �'� d �
City/State/Zip: �J � /� � � ��- � Q Il l
Phone: �•.�� �J 7 — 1���
Fax: ,��v 4�� — �� O .�
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E-mail: �l¢�< < F' c S ic'• //`� �
ARCHITECT/DESIGNER pro)ect contact Person ❑
Payor of DSR deposit/handling fee ❑
OK to send electronic copies of documents ❑
Name: il �� -
Address: ��"' �3
Parcel #: O Z4— 3� O— 21 O
Other:
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PROPERTY OWNER project contact person ❑
Payor of DSR deposiUhandling fee ❑
OK to send electronic copies of documents ❑
Name:
Address:
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City%State/Zip:
Phone:
Fax:
E-mail:
��t �-c e
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City/State/Zip: !��</�/t y n � �� � � �l C L �
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Phone: �l� �j G "� l� �z
Fax:
E-mail: � U/.%?lt �'✓'C�1 �`' C�/d'Z�� / - ���K -
�* Burlingame Business License #: 22 � � �
PROJECT DESCRIPTION: /l �%'S �`��_ �Z ��%✓ -
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AFFADAVITISIGNATURE: I hereby certify under penalty of perjury that the information given herein is true and correct to the
best of my knowledge and belief �
/ � �/
Applicant's signature: / �j� �L . � � � � ` Date: G' � ` _ /�
I am aware of the p[oposed application an h�reby authorize the abo�ve,,applicant to submit this application to the Planning
Commission. , / /l L
Property owner's signature: �' `� �� ��"v ��� Date: C9 �° ��
Date submitted: �' �7-' �Z-
�k Verification that the project architect/designer has a valid Burlingame business license will be required by the
Finance Department at the time application fees are paid. s:1HalloourslPcappr;�ar;on.ao�
City of Buriingame • Community 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 APPLICATIO� �"' �'` � � �`-' �
N � 2 L�.��
C►TY OF BURLWGAA,�i=
C�D-PLAf�P�lING DI`/.
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.
2.
Explain why the proposed use af the propos�d location will nof be detrimental or
injurious to properfy or improvemenfs in the vicinity or to public healtf�, safefy,
general welfare or conve ience. � ��� =o �< d d��
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How will fhe proposed use be /ocafed and conducted in accordance with the -
Burlingame Genera! Plan and Zoning Ordinance? �� �`s ��� �`P ���
`� �r �,`,.t � •t �� �ic�% O Q� /_' P �il /Y Q C� C{ c /c CJ � �c�C%%S
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3. How will fhe proposed projecf be compaiible with fhe aesthefics, mass, bulk and
character of the exisfing and pofential uses on adjoining properfies in fhe general
vicinity? jL � %' �`C � .r.�'� �- � �,� E,
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Rev 06.2007 Handouts\Conditional Use Permit App.2�07.FORM
Community Development Dept ■ 501 Primrose Road ■ Burlingame, CA 94010 • P:650.556.7250 ■ F:650.696.3T90,`�'www ti�SPlihqarfi�:orp
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eUR� COMMERCIAL APPLICATION .�urd � � L�� . �
� PLANNING COMMISSION APPLICATION SURPLEMENTAL FORM
� — CITY Cr RUR�{t�GA.;^�':=
1. Proposed use of the site��4 ��/�- � � a�� ��S `��� g��- CC��-P�=,r��:r�:r ��!
2. Days and hours of operation�� -%� .� ��� `Y �°
3. Number of trucks/service vehicles to be parked at site (by type)_
: D d � .,.� jv
�':��
4. Current and projected maximum number of employees (including owner) at this location: �
� �-�-��� -� �� ����� � ` � �.�r 4 - ,� � - �-,.
f-Z?' �'y'°`f.��'_ V �, �'� �`� - y � L^ -^ -�' �.,` - � R �- r
��e k � E �, � . � � �� t r ��.� r- Y�'
. „ - ,,., • � -
Hours of Before After Before Af�er Before After
Operation 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 pm
Weekdays
Full-time � 5 � � �
Part-time � // � /` � /
`J �o ��>
Weekends � � � G �
Full-time �
Part time � � � � �
�
5. Current and projected maximum number of visitors/customers who may come to the site:
6. What is the maximum number of people expected on site at any one time (include owner, employees and
visitors/customers): �� �
7. W ere do/will the ner and employees park? ��iF ��' ��• `� �``J ��"/%'�f �ps" c`� �
��oL Q-c d .�ilf ��` SSF Lo C<D 7� t`ort • ._�
8. Where do/will the customers/visitors park? .� � s�� C� �� �
9. Present or most recent use of site ��� ��� /�� �`� !�1 S' •
10. List other tenanis on proper�y, their number of employees, hours of operation (attach a list if more room is
needed
Commeraal Appliqtion.doc
BURLINGAME POLICE DEPARTMENT
Memorandum
To: William Meeker, Community Development Director
From: Mike Matteucci, Police Captain
Cc: Edward Wood, Chief of Police
Subject: Determination of Public Convenience or Necessity for 824 Cowan Road (New
England Lobster Company)
Date: August 13, 2012
New England Lobster Company, a full service specialty restaurant, requests approval of a Finding of
Public Convenience and Necessity (FOPCI� to allow an alcoholic beverage license (Type 41) to sell beer
and wine for on-site consumption. The Alcohol Beverage Control Board (ABC) enforces the licensing of
alcoholic retailers regulated by State Law under Section 23958 of the Business and Professional Code.
ABC will deny any application if issuance of the license will create a law enforcement problem or if
issuance will result in or add to an undue concentration of licenses.
New England Lobster Company is located at 824 Cowan Road in the CiTy of Burlingame and is in Census
Tract #6051, which roughly consists of the Broadway, Rollins Road, and Bayshore Highway area. There
are currently 39 total licenses in this Census Tract (32 on-sale licenses and 7 off-sale licenses). ABC
limits the amount of off-sale licenses per tract (limit of 4); however, they do not limit the amount of on-
sale licenses per tract.
The phrase "public convenience and necessity" is not defined in either the Alcohol Beverage Control Act
provisions of the State Business and Professions Code or in the ABC guidelines. Other than the number
and location of licensed alcohol premises, the Burlingame Police Department used the following factors
to determine the level of support for a fmding of "public convenience and necessity":
A review of the police related calls at New England Lobster Company were non-existent as this is
a new business.
A review of police calls within the �ast year for the other 39 licensed establishments in this
Census Tract aze as follows:
• Benihana (1496 Bayshore Hwy): 48 total calls (2 were disturbance and/or alcohol
related)
•, Earth Beams Natural Foods (1399 Broadway): 4 total calls (0 were disturbance
and/or alcohol related)
• El Torito (1590 Bayshore Hwy): 41 total calls (3 were disturbance and/or alcohol
related)
• Village Host Pizza (1201 Broadway): 6 total calls (1 was disturbance and/or
alcohol related)
• Young's Liquor (1408 Broadway): 4 total calls (2 were disturbance andlor
alcohol related)
• Behan's Irish Pub (1327 Broadway): 16 total calls (6 were disturbance and/or
alcohol related)
• Max's Opera House Cafe (1250 Bayshore Hwy): 1 total call (0 were disturbance
andJor alcohol related)
• Hyatt Regency Hotel (1333 Bayshore Hwy): 276 total calls (10 were disturbance
and/or alcohol related)
• Weimax Wines & Spirits (1178 Broadway): 4 total calls (0 were disturbance
and/or alcohol related)
• Gulliver's Restaurant (1699 Bayshore Hwy): 7 total calls (0 were disturbance
and/or alcohol related)
• Yakiniku (1204 Broadway): 4 total calls (0 were disturbance and/or alcohol
related)
• Bua Thong Kitchen (1320 Broadway): 0 calls
• Marriott Hotel (1800 Bayshore Hwy): 122 total calls (6 were disturbance and/or
alcohol related)
• Grace Garden Restaurant (1200 Broadway): 7 total calls (0 were disturbance
andJor alcohol related)
• Caribbean Gardens (1306 Bayshore Hwy): 19 total calls (6 were disturbance
and/or alcohol related)
• Broadway Deli (1431 Broadway): 1 total call (0 were disturbance and/or alcohol
related)
• Broadway Prime (1316 Broadway): 4 total calls (0 were disturbance and/or
alcohol related)
• Aji Yoshi Ya (1190 Broadway): 1 total call (0 were disturbance and/or alcohol
related)
• Elephant Bar (1600 Bayshore Hwy): 54 total calls (5 were disturbance andlor
alcohol related)
• Burlingame Foods (1236 Broadway): 0 calls
� Fandorin (1492 Bayshore Hwy): 11 total calls (4 were disturbance and/or alcohol
related)
• Mivan (1232 Broadway): 7 total calls (0 were disturbance and/or alcohol related)
• Cafe Figaro (1318 Broadway): 4 total calls (1 was disturbance and/or alcohol
related)
• Francesco's Deli & Cafe (840 Stanton Rd): 4 total calls (0 were disttu-bance
and/or alcohol related)
• Broadway Grill (1400 Broadway): 16 total calls (1 was disturbance and/or
alcohol related)
� Denpo America (1533 Bayshore Hwy): 3 total calls (0 were disturbance and/or
alcohol related)
• Sahaara Restaurant (1130 Broadway): 47 total calls (42 were disturbance andlor
alcohol related)
• Joe's Cafe by the Bay (1669 Bayshore Hwy A): 0 calls
� Ristorante Rocca (1205 Broadway): 5 total calls (0 were disturbance and/or
alcohol related)
• Shabu House (1150 Paloma Ave): 18 total calls (12 were disturbance andlor
alcohol related)
• Coucou Japanese Cuisine (1355 Broadway): 1 total calls (0 were disturbance
and/or alcohol related)
• ll Piccolo Cafe (1219 Broadway): 11 total calls (1 was disturbance and/or alcohol
related)
2
• Walgreens (1160 Broadway): 72 total calls (5 were disturbance and/or alcohol
related)
• Big Joe's Cafe (1251 Broadway): 3 total calls (0 were disturbance andlor alcohol
related) �
� R&M Broadway 76 (1480 Broadway): 14 total calls (3 were disturbance and/or
alcohol related)
� Metro Restaurant (1136 Broadway): 5 total calls (0 were disturbance and/or
alcohol related)
• Mokutanya (1155 Califomia Dr G): 5 total calls (2 were disturbance and/or
alcohol related)
• Cuisine Style (1755 Rollins Rd): 0 calls
The surrounding area primarily consists of commercial businesses and hotels (there is no
residential housing, apartments, parks, or schools in the area).
CONCLUSION:
New England Lobster Company is a full service specialty restaurant requesting the on-sale of beer and
wine to compliment their lobster and crab dishes. The police department feels that this request will not
over saturate the area with on-sale licenses, and therefore we have no reason to deny the request.
3
New England Lobster Co., Inc.
824 Cowan Road, Burlingame, CA 94010
Phone:650-873-9000 Fax:650-873-9002
July 18, 2012
JU! ; :, �.��,
CityofBurlingame ' � 1."�:'_
Community Development — Planning Division
Attri: Mr. WilliamMeeker, CommunityDevelopmentDirector ,^�-•y :-.;_ .::_�cf,;^.�:-��..-..:_
501 PrimroseRoad C:i..:.�-, _r,;:;;; ;�µ r,;`.'
Burlingame, CA 94010-3997 .
Re: Request for Determination of Public Convenience or Necessitv for New En�land Lobster Company,
Inc Located at 824 Cowan Road, Burlin�ame, CA 94010
Dear Mr. Meeker,
This letter serves to inform you that New England I.obster Company, Inc. has applied for a Type-41 (Application
no.41-523154) for the on-sale of wine and beer at its restaurant located at 824 Cowan Road, Burlingame, CA
94010 (New England I.obster Market & Eatery).
We have been informed by the Department of Alcoholic Beverage Control that a determination of public
convenience or necessity is required by the City of Burlingame is a condition of the issuance of this license.
Section 23958.4 (b) 2) of the Califomia Business and Professional Code provides the issuance of an on-sale beer
and wine-Eating Place license
"if the local goveming body of the area in which the applicant premises aze located, or its
designated subordinate officer or body, determines within 90 days of notification of a
completed application that public convenience or necessity would be served by issuance. 11�e
90-day period shall commence upon receipt by the local governing body of (a) notification by
the departrnent of an application of licensure, or (b) a completed application according to local
requirements, if any, whichever is later."
VJe respectfully request that the City of Burlingame determine that a Type�l On-Sale Beer & Wine — Eating
Place at New England I.obster Company, Inc. will serve public necessity.
I. Proiect Description
The on-sale of beer and wine will compliment the lobster and crab dishes. VJe are a specialty restaurant with a
very unique menu, which includes the following items:
Lobster Rolls
Shrimp Rolls
Crab Rolls
Whole cooked Maine Lobster
Whole cooked Dungeness Crab
Clams, Mussels & Oysters
Fish & Chips
Lobster Com Chowder Soup
Crab & Clam Chowder Soup
II. The On-Sale Beer & Wine-EatinQ Place will serve public convenience or necessity
It is anticipated the customers who ci.urently shop at New England Lobster Company will enjoy the added benefit
of being able to drink beer and wine with seafood meals. There is not a restaurant with this type of concept in
our area. We are going to have a similar concept of a small restaurant on a wharf in Maine with a very simple
menu that is priced right. It is the expectarion of New England Lobster Company, Inc. that the issuance of an
On-Sale Beer & Wine-Eating Place will have no adverse effects on the surrounding community in terms of
excess traffic. and deliveries to the store.
III. The On-Sale Beer & Wine-Eatin� Place at New Enaland Lobster Companv is consistent with
adiacent uses.
New England I.obster Company is located near 5 major hotels; VJesrin, Hyatt, Marriott, Aloft and Hilton. VJe
anticipate that many of these tourists will come in to buy lunch or an early dinner and would enjoy a glass of
wine or a beer with their meal.
IV. The On-Sale Beer & Wine Eatin� Place will not have a detrimental impact on the
surroundin� area.
So as to make certam there remains minimal disruption to surrounding neighborhoods. New England Lobster
Company has taken preemptive measures to ensure that the on-sale of beer and wine at its location will be
handied in a responsible and conscientious manner. Detailed policies and procedures on responsible beverage
service endorsed by management are already in place and will be strictly enforced.
Some of these policies are as follows:
Employees must undergo training prior to wine tasting being made available to New England Lobster
Company.
Each employee that serves on-sale beer and wine must submit a signed policy aclmowledgement
indicating that they have been trained and understand all issues related to the responsible beverage
service. These include, but are not limited to the following:
• Alcohol and legal issues
. Identification Checking
• Handling of difficult customers
• Signs of intoxication
• Designated drivers
• How alcohol effects the body
• Idenrifying and handling problem situations
• Minors and fake identifications
Under-aged employees will not be allowed to handle the selling, stocking or serving of alcoholic
beverages.
Training will be provided by the manager of New England Lobster Company, utilizing the infortnarion supplied
from Responsible Serving of Alcoholic Beverages, Complete Staff Training Course for Bars and Restaurants.
The Responsible Serving of Alcoholic Beverages training course provides management and liquor service staff
lmowledge and awareness necessary to responsibly serve alcohol in a licensed premises. Implementation of this
training will help ensure that the on-sale service of beer and wine will not be detrimental to residents, shoppers or
other businesses in the vicinity of New England Lobster Company.
IV. Conclusion
In conclusion with being granted the Type 41 Beer and VJine license we feel that the sale of beer and wine will
not be a detrimental to the residents, shoppers, or other businesses in the vicinity ofNew England Lobster
Company. We feel that Beer and Wine will be a convenience to our customers who enjoy a reasonably priced
seafood lunch or dinner. We are committed to providing this convenience in a safe and conscientious manner,
with minimal disruprion of the surrounding neighborhood.
Per ABC requests, we aze attaching Form ABC-245, information and Instructions — Section 23958.4 B&P and
detail floor plan, indicating the proposed beer and wine sale area.
Please feel free to contact me should you require further information.
Very truly yours,
./��,."`
� �l/ �5�'�?��t/ `�'�
Marc Worrall, President
New England I.obster Company
824 Cowan Road
Bwlingame, CA 94010
(650) 873-9000
GI� d 101U1
- :.-ti ��,
r �
� CJepartment of Alcoholic Beverage Control
PLANNED dPE�ATIGN (R�TAIL)
SEC7lON I- FOR ALL RETAIL APPLIGRNTS ____
1. APRJCAN7 NAME(Sy 2 LICEIJSETYPC•(S)
New Fngland Lobster, Inc. � ype 4 t
3. PHEMISES A�DRESS (Straat �umber nnd nnm4 city, zip code� d. NUR[5T CRQS:
�24 Cowan Rd. �3urlinga�ne, CA 9401U Airport Blvd.
. . . .. .... ... _..._..— .
5. TYPE OF BUSIntE35 (Ghooae one mat Dest deaa�Cee Ne planne0 ope�ab0�)
Q�ufi Service Restaurant �CaEeteria/Hofbrau �Cocktail Lounge
�Oeii or Speciatty Rest�urant �Camedy Club a Night C1ttb
�Cafe/Coffee Shop �Brew Pub �Tavem
�Sed & Breakfast ❑Theater � Wine Tasting Room
_ ..............P.............................m...,...........,....................._....._.____._._.______-_____...-----._.___._._—.____...._....__._._...,
�Su �rmarket �Membership Store � Service Station
�Liquor Store ��epartment Store � Convenience Market
�variery�Drug Store ❑Gift Shop/Florist �Convenience Market wlGaso►ine
�Other - describe: .. ... . .......--
�_ _.. .. .. ......--• —
c. PATRON CAPACI7Y 7. SUFIRW NDING AREA 8. i'HEMt3E8 �S LOCaT�p IN
�Commercial .�Rura1 �FreeStandingBuilding
� �Res�dential � Industrial � Shopping Center (Name): . , ._
6 � Other � 10 Units or Less � M�re than 10 Units
. .. . ._ ____.
--- __.._... __.. . . . .. . . _.. .__�.
9. FOOD �ERVtCE �0 paHKln� t.[)T'� t �. PAT'tD? 12. WY1 YDU F1IRE A 17. WILL YbU HA� A
�tJone �Minimal �Full Meals
fa. MEnLTYPE
�Oinner House
�Fast Foodlt7eli
�Piva/Pasta
i7. OPE•RATING FIOVRS
✓,�Yes ❑Na QYes �No
5. TYPE OF FODD '-- •—� — ••-- '- '
�American
� Chinese
�Japanese
Sunday I Monday Tuasday
ppening Time 10:U4 am � 11:00 am 1 k:00 am
G�osing Time j 9:00 pm � 9:00 pm � 9;00 pm
16. ENTEi�TAINMENT (6�+9 ot rt+ore rt+nY App�Y. �¢Q� 4�'�'�'^Y oM�°'"x^t wdh
�NQn� �'Ampl�ed Music
�Recorded Music �"Vve Entertainment
�Juke Box ❑'�oa�IStage Shows
�`Other ❑Karaoke
'Descriptlon: ,_..... . . .___.
t i:a0 �,m
From: l 1:00 am To: 4:00
From: S:O{1 pm To: 10:UU pm
l 1:00 am
10:00 pm
Saturd.a�_
lO;OQ am
10;00 pm
MANAGER7 (RWe 57.Sj FOOD LE33EE4 �Ru�e 57,7�
aYes QNo �Yes �✓ No
15. HOURS OF FOOD SERVK:E --. .. •-- •
BAEAKFA3r HpURB
�Indian �French
�ltalian �Thai
Thursday
1 i :()0 am .. ..�
9:W pm 4:00 pm
ae naorick (7 below> ---- - -
� Patr�n dancing
� Bikin'�1Topfess/Exotic
� PoollBiiliard Tsbles
Q•Amatsurlpro Sports Events
17. PREM{SES la LOGA7E0 ON
�MajorThorqughfarQ �SecandaryStreet
aOther
�t. pAS;,•THROVGN WINDOW? �22 FIXED BARS?
�Yes
No I� Yes - how many; ___
� Card Ra�m
�Movies
�"Hot Sp�t"/Lattery
❑VideolCoin-Operated Games
!0. TYPE OF STRUCTURE �
�✓ Single Stary ❑Two-Story
� Multi-Stpry - Number of stories:
� � Z3. WHA7 PERCENiqGE 4F YpUR T{
ALCAHOLIC BEVEFtAQES?
QNo 5%
FOR A6C USE ONLY
�__._._.-----�--....._. ... �..._-•-•----' --......_. _. ..
14. INfORMATION GIVEN (R•27, R-107, Sec. 256125, Sec. 23780.5, etC.)
�25. QATE EN�I�W��, •
ABC-257 (REVERSE� (5105}
QSeafood
� Other:
� Greek
� Korean
� Other;
�Frivate Club
�Veterans Club
� Fraternal Club
�Swap Meet/Flaa Market
�prive-in Q�iry
�
SALES WILL BE
ttl.��- .. --
�r,.rlbc �'�ntiol
Dept of A�i;K�,' i i �r.�,,*n
�0'd 066bZZ9aTS QNti�l7lti�—�HH S0:00 ZZOZ—LT—lflf
�
Department of Alcoholic Beverage Controi
LICENSED PREMISES DIAGRAM {RETAIL)
�
1. APPLfCANT NAME {Laat 6ra� outl0le) 2 UCENSE n"�
Ncw Ehgland Lubst�r, Inc. �Type 41
• 3. Pi2Ek1ISE3 ADDRE55 (6t�eol �W�+bor and n�me, caty, zip coda� 4. NEARES7 CROSS STREET
g24 Cowan Rd. iiurlingame, CA 94010 �� ! Airp�rt Slvd. _�T
The diagram�below is a tr'ue�afid c�rrect dcscription of the entrances, exits, interior walls and exterior
boundar�cs of lhc prcmises to be licensed, incltcdinfi dirnensions und idcnii�cutinn nf each roorn (i.e., "stvremom",
rrU ICP. �� C-'IL'.I. ------... ...,..-----.. �.,..�....�-. ..�....-.
' DIAGRAM .................. �. ,. ,..'�.y�^.............,.............
� �� � ��' �r
. . . . . . . . . . . , �r� �- . . . . . . . . . . . . . . . . . . . . . . . . . . . . om�. . . . . . . . .� �l� � �Q.
� . . . . . . . . . b U . . . . . . . . . . . . . . . . .~.-. . . . . . . . . . . . . . . . . . . . . . . . t? . �'. . . .
�� . . . . . . . . . . . . . . . . . . . . � . . . . . . . _ . _ . . . . . . . . . . . . , . . . . . . . . . . . . . . .�. j
�� ..........��.������• .f .................... ' .�,, ���.
::.:..,.. ��C�.��°`r;:.��:`�';3 .:::::::::::::..:.: ... ��:�..
n.........:°'�...� ................��'............_....... .....
.� .................................. ..,................... ...
o ...........::::::::::::: ... ......,.,............. ,�; ::: -� �,
� �` :;��P�r : : : : : : : : : . . : . : : : : : : : : : : : � �� : : : . :� . . . �, - . . �� �
�" �'-`� . . '��. . . ��._.,._,...r. ���"' . . . .
.. �. ..,.......�...... .�+......,.. �'���. . ......... �.
� .... ...................... ..,.........:� � .........
t . . .��.�r`.'l�; . . . . . . . . . . . . . . . . . . . . . . . . . . . � . � . . . . . �
i..� ....�.��.��'_�,.,,....... .................�� .�" .....:.;.. , �..�
�� :::::::��:�;�-�:::::::::::: :::::::::::::::::....... � ......
� . ........... ................ .... :.:..�`�:...... �
: : :::::��� : :::::::: :::: . ::::::: ::: :::::: :: :::::: :::: : :: ::::: :�`
t� . ..... .
.� ........................... ...........,................. ............
. . � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '.�' '�,' . . . . . . . . . . . . . . . . • • vs n.e..s� ' ' .
... .�1.`��.-..�.�4{-4L.- _ ' ......�...�..�.�.�-w..r--��.�-r.-.�.�.��.�...._�w
. . . . . . . . � . . . . . . . . . . . . . . . . . i '�fiF�` ti1'�1 • • /f!� •`_` . • � • � . . . r . . . . . . . . . � • � � . � r . . . . .
.........................�..:.;.............�' .r.......................
. . . . . . . . . . . . . . . � . r • • . . . . . . . �~� � � QQ� . �-r�, . . . . . � . . . . . . • ��y� / �� � . . . . . . . .
.................................�..� ................,,�,1��.�.�?��...�..
................................................................s.�f��....
lt is�hereby dcclared that the above-dc5ctibed buundns'ies, entrances and planned operation as indicated on the
reverse side, will not he ck�anged without first notifying and securing prior wriitr,n a.pproval of the Department of
Alcoholic Beverage Gontrol. I declare under penalty of perjury that the fore�oing is irue and correct.
------�_._.._.......1..___-- ^ ��_�_.�. �.W.,. �... .,. �--- _....._..
_�- �
CERTIFlED CORRFCT (t��+�)
�4� s° � l�
T0'd 066bzz90tiS
(5/OS)
�o � a
. 1
USE
�
Statc of Califarnia
INSPEGTION DATE
i
,
' � 9' y� I � �� � ,���N ? a zo��
� ��r ���,�,�I�l� e Corittol
w DCpi oi At � ho F� p'�:`' ���F
QNtjl>iFiO—�Hti b0:00 ZtiOZ—LT—�fli'
0
Deparhnent of Alcoholic Beverage Control
APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S)
ABC 211 (6/99) � • — --
State of California
TO:Department ofAlcoholic Beverage Control
1515 CLAY ST
STE 2208
OAKLAND, CA 94612
(510) 622-4970 �
DISTRICT SERVING LOCATION: SAN FRANCISCO
First Owner:
Name of Business:
Location of Business:
File Number: 523i54 �� �
Receipt Number: 2118899
Geographical Code: 4103 �
Copies Mailed Date: June 22, 2012
Issued Date:
NEW ENGLAND LOBSTER CO., INC
NEW E1vGLAND LOBSTER MARKET
824 COWAN RD.
SURLINGAME, CA 94010-1205
County: SAN MATEO
Is Premise inside city limits? Yes
Mailing Address:
(If different from
premises address)
Type of license(s): 41
Census Tract 6051.00
�'�G`�
�'�3 �- �f G2,'7>
Transferor's license/name: Dropping Partner: Yes � No
License Type Transaction Tvpe Fee Tvpe . Master Dup Date Fee
41 -On-SaleBeerAnd Wine ANNUALFEE NA Y 0 06/22/12 $350.00
41 - On-Sale Beer Md W ine ORIGINAL FEES NA Y 0 06/22/12 $3�0.00
NA FEDER�.1. FiNGExPRINTS NA N 2 06/22/12 $48.00
NA STA7'E FINGERPRINTS NA N 2 06/22/l2 $78.00
Total $776.00
Have you ever been convicted of a felony? No
Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the
Department pertaining to the Act? No
Explain any "Yes" answer to the above questions on an attachment which shall be deemed part of this appiication.
Applicant agrees (a) that any manager employed in an on-sale licensed premises will have all the qualificat�ons of
a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic
Beverage Control Act. � '
STATE OF CALIFORNIA County of SAN MATEO Date: June 22, 2012
Under penalp� of perjuq•, each person ���hose signature appears belo�v, certifies and sa��s: (i ) He is an applicant, or one of the applicants, or an e�ecutive o�cer
of the applicant corpor�tion, named in tl�e foregoing application, duly authorized to make this application on iu behalf, (2) that he has read the foregoing and
knows lhe contenu thereof and that each of the above statemenu therein made are true; (3) that no penon other than the applicant or applicanLs has any direct
or indirect interest in the appiicant or applicant's business lo be conducted under lhe license(s) for which this application is made; (4) diat the transfer
application or proposed transfer is not made to satisfy the payment of a loan or to fulfill a�i agreement entered into more than ninery (90) days preceding the day
on which the vaiufcr application is filed with the Department or to gain or establisl� a preference to or for any creditor or transferor or to defraud or injure any
creditor of transferor; (5) d�at the transfer appfication may be withdrav,m by either the applicant or the licensee vrith no resulting liabilit}� to the Department.
Effective July 1, 2012, Assembly Bill No. 1424, authorizes the SL�tc Board of Equaliz�tion and the Franchise Tax Board to sliare taipaycr
informatiai with Department of Alcoholic Bcveragc ControL Thc Department may suspend, revolce, and refusc to issue a liccnse if thc licenscc's
namc anpears in thc 500 largest taz dclinqucncies list. (Assembly Bill No. 14Z4, Chapter 455)
Applicant Nan�e(s)
1�TEVd ENGLAND LOBSTER CO., INC
Applicant Signature(s)
See Z11 Signature Page
- 't
. �:
•'� �` e � t �. � �
. CITY OF BURLINGAME
� ' COMMUNITY DEVELOPMENT DEPARTMENT
BURLINGAME 501 PRIMROSE ROAD -
�a�,w�.. BURLINGAME, CA94010 �_'^
=� �;, PH: (650) 558-7250 e FAX: (650) 696 3790
www.burlingame.org - :" _ �-- - —.
Site: 824 COWAN ROAD ��� ��� �
The [ity of Burlingame Plarrniog Commission announces the
following pu6lic hearing on MONDAY, SEPTEMBER 10,
2012 at 7:00 P.M. in the (ity Hall Council Cham6ers, 501
Primrose Road, Burlingame, [A:
Application for Amendment to fonditional Use Permit to
increase the hours of operation and add sales of alcoholic
beverages to an existing in�idental food establishment at
824 COWAN ROAD zoned IB. APN 024-390-21D
Mailed: Augusfi 31, 2012
(Please refer to other side)
('' � J !` _':, ' ) �
..._ _.. =� _ : ' -
_ : .=J:�..l�_
PlJ6LIC HEARING
NOTICE
City of Burlinqame
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.
William Meeker
Community Development Director
PUBL.IC HEARING NOTICE
(Please refer to other side)
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. CITY OF BURLINGAME
r COMMUNITY DEVELOPMENT DEPARTMENT
BURLINGAME 501 PRIMROSE ROAD '• •�'•'��w• ==`•: :
�t �-,`,: :�: *�4 �F:
_ BURLINGAME, CA94010 ��=��• � =`j '" _
J1 vfy� •��1 ��j.' j�,�
-� I �'^' . �,�• ..-..
PH: (650) 558-7250 • FAX: (65Q) 696-3_7.90 � b:, i�,� _
www.burlingame.org ` `� � "
{r ' `-S -�:n F�-`
P�''t,'�i�4r� ��i.�`, i ."t �
�_:.._1..•c.�. L�....�
Site: 824 COWAN ROAD
The City of Burlingame City Councii onnounces the following
public hearing on MONDAY, OCTOBER 1, 2012 at
7:00 P.M. in the City Hall Council Cham6ers, 501 Primrose
Road, Burlingame, [A:
Request for Amendment to Conditional Use Permit and a
Finding of Public Convenience and Necessity (P(N) to
increase the hours of operation and add soles of altoholic
beverages to an existing incidental food establishment at
824 COWAN ROAD zoned IB. APN 024-390-210
Mailed: September 21, 2012
(Please refer to other side)
., ��.___. �.J:'
/+ �1
,'���. , ��''J .J � ��.'
., -+
� � '" �..� � ! i--.�.::
PUBLIC HEARING
NOTICE
Cit,y of Burlingame
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.
William Meeker
Community Development Director
PUBLIC HEARING NOTICE
(Please refer to other side)
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME APPROVING A
CATEGORICAL EXEMPTION AND AMENDENT TO CONDITIONAL USE PERMIT AND
DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY WOULD BE SERVED
BY THE CALIFORNIA ALCOHOLIC BEVERAGE CONTROL BOARD'S ISSUANCE OF A
TYPE 41 ALCOHOLIC BEVERAGE SALES LICENSE TO ADD SALES OF ALCOHOLIC
BEVERAGES AT AN INCIDENTAL FOOD ESTABLISHMENT AT 824 COWAN ROAD,
ZONED IB.
WHEREAS, a categorical exemption has been proposed and application has been made
for an Amendment to Conditional Use Permit and a Finding of Public Convenience and
Necessity (PCN) pursuant to Section 23958.4 of the California Business and Professions Code,
related to a request for an alcoholic beverage sales permit (Type 41 — On-Sale Beer and Wine —
Eating Place) issued through the California Alcoholic Beverage Control Board (ABC), to
increase the hours of operation and add sales of alcoholic beverages at an incidental food
establishment at 824 Cowan Road, Zoned IB, Marc M. Worrall Tr, property owner, APN: 024-
390-210; and
WHEREAS, on September 10, 2012, the Planning Commission moved to recommend to
the City Council approval of the Amendment to Conditional Use Permit to increase the hours of
operation and add sales of alcoholic beverages at an incidental food establishment; and
WHEREAS, the applicant has applied to the California Alcoholic Beverage Control
Board ("ABC") for a"Type 41" license to permit the sale of beer and wine for consumption on
the premises located at 824 Cowan Road; and
WHEREAS, the number of businesses with alcoholic beverage sales licenses in Census
Tract 6051 exceed the number of such licensed businesses permitted by the ABC
("overconcentration"); and
WHEREAS, pursuant to California Business and Professions Code Section 23958.4, an
applicant for a beverage sales license in an area of "overconcentration" of alcoholic beverage
sales license can request the local governmental agency to determine that the public
convenience and necessity would be served by the issuance of the alcohol beverage sales
license and, if the local agency so finds, the ABC will issue the license; and,
WHEREAS, the applicant has applied to the City for a determination of public
convenience and necessity to obtain a Type 41 alcoholic beverage sales license from the ABC;
and,
WHEREAS, the Police Department has reviewed this application, investigated the
number of alcohol related incidents in this census tract and reviewed the names and locations of
businesses with alcoholic beverage sales licenses in this census tract; and
WHEREAS, the Police Department, after determining that no facts or circumstances
exist which would prevent the City's determination of public convenience and necessity,
recommends that the City approve the application for a determination of public convenience and
necessity in its report attached to the staff report;
WHEREAS, said matters were heard by the City Council of the City of Burlingame on
October 1, 2012, at which time it reviewed and considered the staff report and all other written
materials and testimony presented at said hearing;
Resolution No.
NOW, THEREFORE, it is RESOLVED and DETERMINED by the City Council of the City of
Burlingame as follows:
1. All of the facts recited above and in the staff report and in all of the attachments thereto,
are true and correct.
2. On the basis of the Initial Study and the documents submitted and reviewed, and
comments received and addressed by 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 categorical exemption, per CEQA Article 19, Section 15301 (a) which
states that interior or exterior alterations involving such things as interior partitions,
plumbing, and electrical conveniences are exempt from environmental review, is hereby
approved.
3. Said Amendment to Conditional Use Permit is approved subject to the conditions set
forth in Exhibit "A" attached hereto. Findings for such Amendment Conditional Use
Permit are set forth in the staff report, minutes, and recording of said meeting.
4. The City Council determines that the public convenience and necessity would be served
by the issuance of a Type 41 alcohol sales license to the applicant to add sales of
alcoholic beverages at an incidental food establishment located at 824 Cowan Road.
5. It is further directed that a certified copy of this resolution be recorded in the official
records of the County of San Mateo.
Jerry Deal, Mayor
I, Mary Ellen Kearney, Clerk of the City of Burlingame, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the
Burlingame City Council held on the 1St day of October, 2012, by the following vote to wit:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Mary Ellen Kearney, City Clerk
EXHIBIT "A"
Conditions of Approval — Amendment to Conditional Use Permit — 824 Cowan Road
that the project shall be built as shown on the plans submitted to the Planning
Division date stamped May 12, 2011, sheet A1;
2. that the incidental food establishment may not be open for business except during
the hours of 10:00 a.m. to 9:00 p.m., seven days a week and that any change to the
hours of operation which exceeds the maximums as stated in these conditions shall
require an amendment to this Conditional Use Permit;
3. that the Conditional Use Permit to expand the hours of operation of an incidental
food establishment shall apply only to the incidental food establishment and shall
become void if it replaced by a permitted use, is ever expanded, demolished or
destroyed by catastrophe or natural disaster or for replacement;
4. that the conditions of the Chief Building Official's April 21, 2011 memo, the Fire
Marshal's May 2, 2011 memo, the City Engineer's April 25, 2011 memo, the Park
Supervisor's April 26, 2011 memo and the NPDES Coordinator's April 21, 2011
memo shall be met;
5. that interior demolition or removal of the existing structures on the site shall not occur
until a building permit has been issued and such site work shall be required to
comply with all the regulations of the Bay Area Air Quality Management District;
6. that the project shall comply with the Construction and Demolition Debris Recycling
Ordinance which requires affected demolition, new construction and alteration
projects to submit a Waste Reduction plan and meet recycling requirements; any
partial or full demolition of a structure, interior or exterior, shall require a demolition
permit; and
7. that any improvements for the use shall meet all California Building and Fire Codes,
2010 Edition, as amended by the City of Burlingame.
.
. CITY OF BURLINGAME
� COMMUNITY DEVELOPMENT DEPARTMENT
BURLINGAME 501 PRIMROSE ROAD �+;�����'��';:�
J 3; �:
:�y�, �� BURLINGAME, CA 94010 ���,,a t ,,�� _
,� PH: (650) 558-7250 • FAX: (650) 696�3�90� : � � -. _
�.�- _
www.burlingame.org ��� r-���-,��h'�.�; =
�� :�= + �,;� �Y.•! '� :
��� •.-��..: �=°.;�;
�S-�%:'�'. � ��:� �`.•,...�:,.
���
Site: 824 COWAN ROAD
The City of Burlingame City Council announces the following
public hearing on MONDAY, OCTOBER 1, 2012 at
7:00 P.M. in the fity Hall (ouncil Chambers, 501 Primrose
Road, Burlingame, CA:
Request for Amendment to Conditional Use Permit and a
Finding of Public Convenience and Necessity (PCN) to
increase the hours of operation and add sales of alcoholic
beverages to an existing incidental food establishment at
824 COWAN ROAD zoned IB. APN 024-390-210
Mailed: September 21, 2012
(Please refer to other side)
L��; i�_0��3°
� �0.�2�
f.'.�i!-d rren; �?�r�n
UC POjTiA�c
PUBLIC HEARING
NOTICE
Citv of Burlinqame
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.
William Meeker
Community Development Director
PUBLIC HEARING NOTICE
(Please refer to other side)
.�
City Council Noticing Meeting Date: 10.01.12
824 Cowan Road 28 Notices - 024.390.210
�'
t
CITY OF BURLINGAME
AFFIDAVIT OF MAILING NOTICES
STATE OF CALIFORNIA )
)
COUNTY OF SAN MATEO )
C. Rihm , being duly sworn, deposes and says:
that he is a citizen of the United States, over the age of 18-years, that acting
for the City of Burlingame on the 21 st day of September 2012 deposited in
the United States Post Office a NOTICE OF PUBLIC HEARING, a copy of
which is attached hereto, with postage thereon prepaid, addressed to the
persons listed on the addresses attached hereto and made a part hereof, to
��
that said persons are the owners of said property who are
entitled to NOTICE OF HEARING pursuant to the Ordinances
of the City of Burlingame that on said day there was regular
communication by United States Mail to the addresses
attached hereto.
7
824 COWAN ROAD
28 - 300' radius notices
S:\NOTICINGWFFIDAVIT.doc
r
CITY OF BURLINGAME
City Hall — 501 Primrose Road
Burlingame, California 94010-3997
�'`�'� .
ii ;�.y�
BURLINGAME
;,�ir . � ' �
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
PH: (650) 558-7250
FAX: (650) 696-3790
June 3, 2011
Marc M. Worrall Tr
1139 Eastmoor Road
Burlingame, CA 94010
Re: 824-826 Cowan Road
Dear Mr. Worrali,
Since there was no appeal to or suspension by the City Council, the May 23, 2011, Planning
Commission approval of your application for Conditional Use Permit became effective June 2, 2011.
This application was to allow an incidental food establishment to vary from the criteria for operating
(hours of operation) at 824-826 Cowan Road, zoned IB.
The May 23, 2011, minutes of the Planning Commission state your application was approved with
the following conditions:
that the project shall be built as shown on the plans submitted to the Planning Division date
stamped May 12, 2011, sheet A1;
2. that the incidental food establishment may not be open for business except during the
hours of 10:00 a.m. to 7:00 p.m., seven days a week and that any change to the hours of
operation which exceeds the maximums as stated in these conditions shall require an
amendment to this Conditional Use Permit;
3. that the Conditional Use Permit to expand the hours of operation of an incidental food
establishment shall apply only to the incidental food establishment and shall become void if
it replaced by a permitted use, is ever expanded, demolished or destroyed by catastrophe
or natural disaster or for replacement;
4. that the conditions of the Chief Building Official's April 21, 2011 memo, the Fire Marshal's
May 2, 2011 memo, the City Engineer's April 25, 2011 memo, the Park Supervisor's April
26, 2011 memo and the NPDES Coordinator's April 21, 2011 memo shall be met;
5. that interior demolition or removal of the existing structures on the site shall not occur until a
building permit has been issued and such site work shall be required to comply with all the
regulations of the Bay Area Air Quality Management District;
6. that the project shall comply with the Construction and Demolition Debris Recycling
Ordinance which requires affected demolition, new construction and alteration projects to
submit a Waste Reduction plan and meet recycling requirements; any partial or full
demolition of a structure, interior or exterior, shall require a demolition permit; and
m� Register online to receive City of Burlingame e-mail updates at www.burlingame.org e�
�
.,
June 3, 2011
824-826 Cowan Road
Page 2
7. that any improvements for the use shall meet all California Building and Fire Codes, 2010
Edition, as amended by the City of Burlingame.
All site improvements and construction work will require separate application to the Building
Department. This approval is valid for three years during which time a building permit must be
issued. One extension of up to two years may be considered by the Planning Commission if
application is made before the end of the first year.
The decision of the Council is a�nal administrative decision pursuant to Code of Civil Procedure
Section 1094.6. If you wish to challenge the decision in a court of competent jurisdiction, you must do
so within 90 days of the date of the decision unless a shorter time is required pursuant to state or
federal law.
Sincerely,
i -
���/
William Meeker
Community Development Director
c. Una Kinsella, architect
1033 Paloma Avenue
Burlingame, CA 94010
Chief Deputy Valuation, Assessor's Office
(LOTS 3& 4 BLK 1 EAST MILLSDALE IND PARK NO 1 RSM 50/24 25; APN: 024-390-210)
Chief Building Official, Community Development Dept./Building Div.
File
o: Register online to receive City of Burlingame e-mail updates at www.burlingame.org :�
�
Date:
To:
From:
April 20, 2011
❑ City Engineer
(650) 558-7230
X Chief Building Official
(650) 558-7260
❑ Parks Supervisor
(650) 55&7334
❑ Recycling Specialist
(650) 558-7271
❑ Fire Marshal
(650) 558-7600
❑ NPDES Coordinator
(650) 342-3727
❑ City Attorney
Planning Staff
Subject: Request for Conditional use Permit to vary from the criteria for
operating an incidental food establishment at 824 Cowan Road,
zoned IB, APN: 0�4-390-210
Staff Review: April 25, 2011
1)
2)
3)
4)
5)
6)
7)
8)
On the plans specify that this project will comply with the 2010 California Building Code, 2010
California Residential Code (where applicable), 2010 California Mechanical Code, 2010 California
Electrical Code, and 2010 California Plumbing Code, including all amendments as adopted in
Ordinance 1856-2010. Note: If the Planning Commission has approved the project prior to 5:00
p.m. on December 31, 2010 then the building permit application for that project may use the
provisions found in the 2007 Califomia Building Codes including all amendments as adopted in
Ordinance 1813.
Specify on the plans that this project will comply with the 2008 California Energy Efficiency
Standards.
Go to http�//vwvw enerqv ca aov/title24/2008standards/ for publications and details.
Place the following information on the first page of the plans:
' "Construction Hours"
Weekdays: 7:00 a.m. — 7:00 p.m.
Saturdays: 9:00 a.m. — 6:00 p.m.
Sundays and Holidays: 10:00 a.m. — 6:00 p.m.
(See City of Burlingame Municipal Code, Section 13.04.100 for details.)
On the first page of the plans specify the following: "Any hidden conditions that require work to
be performed beyond the scope of the building permit issued for these plans may require further
City approvals including review by the Planning Commission." The building owner, project
designer, and/or contractor must submit a Revision to the City for any work not graphically
illustrated in these plans prior to performing this work.
Anyone who is doing business in the City must have a current City of Burlingame business
license.
Provide fully dimensioned plans.
Provide existing and proposed elevations.
This project will be considered a New Building because, according to the City of Burlingame
Municipal code, "when additions, alterations or repairs within any twelve-month period exceed
fifty percent of the current replacement value of an existing building or structure, as determined
by the building official, such building or structure shall be made in its entirety to conform with the
requirements for new buildings or structures." This buiiding must comply with the 2010 California
Building Code for new structures.
9) Due to the extensive nature of this construction project the Certi�cate of Occupancy will
be rescinded once construction begins. A new Certi�cate of Occupancy will be issued
after the project has been finaled. No occupancy of the building is to occur until a new
Certificate of Occupancy has been issued.
10) Provide a complete demolition plan that indicates the existing walls, walls to be demolished, new
walls, and a legend. NOTE: The Demolition Permit will not be issued and, and no work can
begin, until a Building Permit has been issued for the project.
11) Show the distances from all exterior walls to property lines or to assumed property lines
12) Show the dimensions to adjacent structures.
13) Provide guardrails at all landings. NOTE: All landings more than 30° in height at any point are
considered in calculating the allowable lot coverage. Consult the Planning Department for details
if your project entails landings more than 30" in height.
14) Provide handrails at all stairs where there are four or more risers.
15) Provide lighting at all exterior landings.
16) Complete the occupant load table below, that accounts for all floor area in the tenant space, and
provide the table on the first page of the plans.
17) On your plans provide a table that includes the following:
a. Occupancy group for each area of the building
b. Type of construction
c. Allowable area
d. Proposed area
e. Allowable height
f. Proposed height
g. Proposed fire separation distances
h. Exterior wall and opening protection
i. Allowable
ii. Proposed
i. Indicate sprinklered or non-sprinklered
18) Acknowledge that, when plans are submitted for building code plan check, they will include a
complete underground plumbing plan including complete details for the location of all required
grease traps and city-required backwater prevention devices.
19) Illustrate compliance with the minimum plumbing fixture requirements described in the 2010
Califomia Plumbing Code, Chapter 4, Table 4-1 Minimum Plumbing Facilities and Table A-
Occupant Load Factor.
20) Separate toilet facilities are required for each sex, except:
a. Residential occupancies
b. Occupancies serving ten or fewer people may have a toilet facility for use by more than
one person at a time, shall be permitted for use by both sexes.
c.. Business and Mercantile occupancies with 1500 square feet or less may have a toilet
facility for use by no more than one person at a time, shall be permitted for use by both
sexes. 2010 CPC §412.3
21) Show compliance with all accessibility regulations found in the 2010 CBC for existing buildings
including:
a. Accessible paths of travel
NOTE: The exterior walkways must be 48" in width (not 44") and the walkways that adjoin
drive aisles must have one of the following features installed along the entire walkway that
adjoins the drive aisle:
1. Truncated domes 36" in width
2. A 6" high curb
3. A guardrail
b. A level landing must be provided on each side of the door at all required entrances and
exits.
c. Accessible countertops
d. Accessible bathrooms
e. Accessible parking
22) Provide an exit plan showing the paths of travel
23) Doors and/or windows cannot project into the public right of way 2010 CBC §3202.2. Amend the
plans to show that doors and windows in their fully open position do not encroach into the public
right of way.
24) In Assembly occupancies specify aisle widths that comply with 2010 CBC §1028.9.
25) Specify the total number of parking spaces on site
26) Sewer connection fees must be paid prior to issuing the building permit.
Reviewed by: � Date: / O
Project Comments
Date:
To:
From:
April 20, 2011
� City Engineer
(650) 558-7230
� Chief Building Official
(650) 558-7260
� Parks Supervisor
(650) 558-7334
� Recycling Specialist
(650) 558-7271
� Fire Marshal
(650) 558-7600
0 NPDES Coordinator
(650) 342-3727
� City Attorney
Planning Staff
Subject: Request for Conditional use Permit to vary from the criteria for
operating an incidental food establishment at 824 Cowan Road,
zoned IB, APN: 024-390-210
Staff Review: April 25, 2011
1.
2.
3.
4.
5.
Buildings shall be retrofitted with an automatic fire sprinkler system when 1200
sqft of remodel is made. Please see the Burlingame Municipal Code for
further specifics.
A fire protection extinguishing system shall be installed for all kitchen
equipment producing grease laden vapors.
Storage for facilities shall be limited to 12 feet in height unless an application
for High Piled Storage is obtained through the Central County Fire
Department.
Exiting shall be provided for the Cafe/Dining area as required for Assembly
occupancies.
Fire apparatus access shall be provided and identified in accordance with the
California Fire Code. Fire apparatus access shall permit the ability for fire
apparatus to come with 150 feet of the furthest point of any building on the
property. Fire apparatus access shall not be less than 20 feet wide.
Reviewed by: �— /� Date: �z i�7����
v
Date:
Project Comments
April 20, 2011
To: d City Engineer
(650) 558-7230
❑ Chief Building Official
(650) 558-7260
❑ Parks Supervisor
(650) 558-7334
From: Planning Staff
Subject: Request for Conditional use Permit to vary from the criteria for
operating an incidental food establishment at 824 Cowan Road,
zoned IB, APN: 024-390-210
Staff Review: April 25, 2011
1. Replace all displaced/damaged sidewalk, driveway, curb and gutter.
2. Proposed space #24 appears to encroach onto existing easement. Plan
needs to be modified to show space outside of easement area.
3. If any sewer fixture is added or replaced, sewer backwater protection
certification is required. Contact Public Works — Engineering Division at (650)
558-7230 for additional information.
❑ Recycling Specialist
(650) 558-7271
❑ Fire Marshal
(650) 558-7600
❑ NPDES Coordinator
(650) 342-3727
❑ City Attorney
Date: 4/25/2011
Reviewed by: V V
Date:
Project Comments
April 20, 2011
To: � City Engineer
(650) 558-7230
� Chief Building Official
(650) 558-7260
�Parks Supervisor
(650) 558-7334
From: Planning Staff
� Recycling Specialist
(650) 558-7271
� Fire Marshal
(650) 558-7600
0 NPDES Coordinator
(650) 342-3727
� City Attorney
Subject: Request for Conditional use Permit to , vary from the criteria for
operating an incidental food establishment at 824 Cowan Road,
zoned IB, APN: 024-390-210
Staff Review: April 25, 2011
Project Comments
Date:
To:
From:
April 20, 2011
� City Engineer
(650) 558-7230
� Chief Building Official
(650) 558-7260
0 Parks Supervisor
(650) 558-7334
� Recycling Specialist
(650) 558=7271
� Fire Marshal
(650) 558-7600
X NPDES Coordinator
(650) 342-3727
0 City Attorney
Planning Staff
Subject: Request for Conditional use Permit to vary from the criteria for
operating an incidental food establishment at 824 Cowan Road,
zoned IB, APN: 024-390-210 -
Staff Review: April 25, 2011
Any construction project in the City, regardless of size, shall comply with the City
NPDES permit requirement to prevent stormwater pollution from construction
activities. Project proponent shall ensure all contractors implement Best
Management Practices (BMPs) during construction.
Please include a list of construction stormwater pollution prevention best
management practices (BMPs), as project notes, when submitting plans for a
building permit. Please see attached brochure for guidance. The brochure may also
be down loaded directly from "flowstobay.org." It is recommended that the
construction BMP's be placed on a separate full size plan sheet (2° x 3` or larger as
appropriate) for readability.
For additional assistance, please contact Kiley Kinnon, Stormwater Coordinator, at
(650) 342-2727.
Reviewed by: �� �,��`
Date: c� �i'� 1.l � � 1
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RECORDIN� REQUESTED BY:
Planning Department
City of Burlingame
WHEN RECORDED MAIL T0:
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF BURLINGAME
501 PRIMROSE ROAD
BURLINGAME, CA 94010
2011-067273
12:19 pm 06f15l11 R1 Fee: NO FEE
Count of Pages 11
Recorded in Official Records
County of San Mateo
Mark Church
Assessor-Count Clerk-Recorder
� I�I����� ��' ����i ����i ����� ��I�� ���� I
* R IIIII IIIII IIIII IIII! IIII IIII
0 0 0 1 2 0 2 5 9 4*
Resolution No. 37-2011
824 — 826 COWAN ROAD — 024-390-210
TITLE OF DOCUMENT
I hereby certify this to be a full, true and correct copy of the
document it purports to be, the original of which is on file in my
office.
Date:
1�
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 proposed and application has been made for
Conditional Use Permit to vary from the criteria for operatinq an incidental food establishment
(hours of operation) at 824-826 Cowan Road zoned IB Marc M. Worrall Tr 1139 Eastmoor
Road, Burlinqame. CA, 94010, propertv owner, APN: 024-390-210; .
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
Mav 23, 2011, 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 Pfanning Commission that:
1. 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 Article 19, 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 Permit is approved subject to the conditions set forth in Exhibit "A"
attached hereto. Findings for such Conditional Use Permit 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. � _
Chairman �'
� � � ��' � `" ta of the Plannin
�, � , Secre ry g
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 23`d dav
of Mav, 2011 by the following vote:
824 - 826 COWAN ROAD. - RESO 37-2011
AYES: Auran, Cauchi, Gaul, Lindstrom,
Terrones, Vistica, Yie
NOES: None
ABSENT: None
RECUSE: None
Secretary
EXHIBIT "A"
Conditions of approval for Categorical Exemption and Conditional Use Permit.
824-826 Cowan Road
Effective June 2, 2011
1. that the project shall be built as shown on the plans submitted to the Planning Division
date stamped May 12, 2011, sheet A1;
2. that the incidental food establishment may not be open for business except during the
hours of 10:00 a.m. to 7:00 p.m., seven days a week and that any change to the hours of
operation which exceeds the maximums as stated in these conditions shall require an
amendment to this Conditional Use Permit;
3. that the Conditional Use Permit to expand the hours of operation of an incidental food
establishment shall apply only to the incidental food establishment and shall become
void if it replaced by a permitted use, is ever expanded, demolished or destroyed by
catastrophe or natural disaster or for replacement;
4. that the conditions of the Chief Building O�cial's April 21, 2011 memo, the Fire
Marshal's May 2, 2011 memo, the City Engineer's April 25, 2011 memo, the Park
Supervisor's April 26, 2011 memo and the NPDES Coordinator's April 21, 2011 memo
shall be met;
5. that interior demolition or removal of the existing structures on the site shall not occur
until a building permit has been issued and such site work shall be required to comply
with all the regulations of the Bay Area Air Quality Management District;
6. that the project shall comply with the Construction and Demolition Debris Recycling
Ordinance which requires affected demolition, new construction and alteration projects
to submit a Waste Reduction plan and meet recycling requirements; any partial or full
demolition of a structure, interior or exterior, shall require a demolition permit; and
7. that any improvements for the use shall meet all California Building and Fire Codes,
2010 Edition, as amended by the City of Burlingame.
Date:
To:
April 20, 2011
❑ City Engineer
(650) 558-7230
❑ Recycling Specialist
(650) 558-7271
❑ Fire Marshal
(650) 558-7600
a NPDES Coordinator
(650) 342-3727
❑ City Attorney
X Chief Building Official
(650) 558-7260
❑ Parks Supervisor
(650) 558-7334
From:
Planning Staff
Subject: Request for Conditional use Permit to vary from the criteria for
operating an incidental food establishment at 824 Cowan Road,
zoned IB, APN: 024-390-210
Staff Review: April 25, 2011
1)
2)
3)
4)
5)
6)
7)
8)
On the plans specify that this project will comply with the 2010 California Building Code, 2010
California Residential Code (where applicable), 2010 California Mechanical Code, 2010 California
Electrical Code, and 2010 California Plumbing Code, including all amendments as adopted in
Ordinance 1856-2010. Note: If the Planning Commission has approved the project prior to 5:00
p.m. on December 31, 2010 then the building permit application for that project may use the
provisions found in the 2007 California Building Codes including all amendments as adopted in
Ordinance 1813.
Specify on the plans that this project will comply with the 2008 California Energy Efficiency
Standards.
Go to http://www.enerqv.ca.qov/title24/2008standards/ for publications and details.
Place the following information on the first page of the plans:
"Construction Hours"
Weekdays: 7:00 a.m. — 7:00 p.m.
Saturdays: 9:00 a.m. — 6:00 p.m.
Sundays and Holidays: 10:00 a.m. — 6:00 p.m.
(See City of Burlingame Municipal Code, Section 13.04.100 for details.)
On the first page of the plans specify the following: "Any hidden conditions that require work to
be performed beyond the scope of the building permit issued for these plans may require further
City approvals including review by the Planning Commission." The building owner, project
designer, and/or contractor must submit a Revision to the City for any work not graphically
illustrated in these plans prior to performing this work.
Anyone who is doing business in the City must have a current City of Burlingame business
license.
Provide fully dimensioned plans.
Provide existing and proposed elevations.
This project will be considered a New Building because, according to the City of Burlingame
Municipal code, "when additions, alterations or repairs within any twelve-month period exceed
fifty percent of the current replacement value of an existing building or structure, as determined
by the building official, such building or structure shall be made in its entirety to conform with the
requirements for new buildings or structures." This buiiding must comply with the 2010 California
Building Code for new structures.
9) Due to the extensive nature of this construction project the Certificate of Occupancy will
be rescinded once construction begins. A new Certificate of Occupancy will be issued
after the project has been finaled. No occupancy of the building is to occur until a new
Certificate of Occupancy has been issued.
10) Provide a complete demolition plan that indicates the existing walls, walls to be demolished, new
walls, and a legend. NOTE: The Demolition Permit will not be issued and, and no work can
begin, until a Building Permit has been issued for the project.
11) Show the distances from all exterior walls to property lines or to assumed property lines
12) Show the dimensions to adjacent structures.
13) Provide guardrails at all landings. NOTE: All landings more than 30" in height at any point are
considered in calculating the allowable lot coverage. Consult the Planning Department for details
if your project entails landings more than 30" in height.
14) Provide handrails at all stairs where there are four or more risers.
15) Provide lighting at all exterior landings.
16) Complete the occupant load table below, that accounts for all floor area in the tenant space, and
provide the table on the first page of the plans.
Occu anc Grou Square Feet Occupant Load Factor Total Occupant Load
A-3 Dinin 15
A-3 Fixed Seatin See CBC 1004.7
B Office 30
Kitchen 200
S-2 (Storage) 300
* Not re uired to be counted in the Occu ant Load Calculation er CBC 1002
Corridors" 0 0
Stairwa s* 0 0
Toilet Rooms* 0 0
Mechanical Rooms* �
0
Closets* 0 0
Total Bld . Area
17) On your plans provide a table that includes the following:
a. Occupancy group for each area of the building
b. Type of construction
c. Allowable area
d. Proposed area
e. Allowable height
f. Proposed height
g. Proposed fire separation distances
h. Exterior wall and opening protection
i. Allowable
ii. Proposed
i. Indicate sprinklered or non-sprinklered
18) Acknowledge that, when plans are submitted for building code plan check, they will include a
complete underground plumbing plan including complete details for the location of all required
grease traps and city-required backwater prevention devices.
19) Illustrate compliance with the minimum plumbing fixture requirements described in the 2010
California Plumbing Code, Chapter 4, Table 4-1 Minimum Plumbing Facilities and Table A-
Occupant Load Factor.
20) Separate toilet facilities are required for each sex, except:
a. Residential occupancies
b. Occupancies serving ten or fewer people may have a toilet facility for use by more than
one person at a time, shall be permitted for use by both sexes.
c. Business and Mercantile occupancies with 1500 square feet or less may have a toilet
facility for use by no more than one person at a time, shall be permitted for use by both
sexes. 2010 CPC §412.3
21) Show compliance with all accessibility regulations found in the 2010 CBC for existing buildings
including:
a. Accessible paths of travel
NOTE: The exterior walkways must be 48" in width (not 44") and the walkways that adjoin
drive aisles must have one of the following features installed along the entire walkway that
adjoins the drive aisle:
1. Truncated domes 36" in width
2. A 6" high curb
3. A guardrail .
b. A level landing must be provided on each side of the door at all required entrances and
exits.
c. Accessible countertops
d. Accessible bathrooms
e. Accessible parking
22) Provide an exit plan showing the paths of travel
23) Doors and/or windows cannot project into the public right of way 2010 CBC §3202.2. Amend the
plans to show that doors and windows in their fully open position do not encroach into the public
right of way.
24) In Assembly occupancies specify aisle widths that comply with 2010 CBC §1028.9.
25) Specify the total number of parking spaces on site
26) Sewer connection fees must be paid prior to issuing the building permit.
Reviewed by: �� � Date• / O
i
�
Project Comments
Date:
To:
From:
April 20, 2011
� City Engineer
(650) 558-7230
� Chief Building Official
(650) 558-7260
0 Parks Supervisor
(650) 558-7334
� Recycling Specialist
(650) 558-7279
0 Fire Marshal
(650) 558-7600
� NPDES Coordinator
(650) 342-3727
� City Attorney
Planning Staff
Subject: Request for Conditional use Permit to vary from the criteria for
operating an incidental food establishment at 824 Cowan Road,
zoned IB, APN: 024-390-210
Staff Review: April 25, 2011
2.
3.
4.
5.
Buildings shall be retrofitted with an automatic fire sprinkler system when 1200
sqft of remodel is made. Please see the Burlingame Municipal Code for
further specifics.
A fire protection extinguishing system shall be installed for all kitchen
equipment producing grease laden vapors.
Storage for facilities shall be limited to 12 feet in height unless an application
for High Piled Storage is obtained through the Central County Fire
Department.
Exiting shall be provided for the Cafe/Dining area as required for Assembly
occupancies.
Fire apparatus access shall be provided and identified in accordance with the
California Fire Code. Fire apparatus access shall permit the ability for fire
apparatus to come with 150 feet of the furthest point of any building on the
property. Fire apparatus access shall not be less than 20 feet wide.
Reviewed by: ��'1—�--//t Date: � i����
Project Comments
Date: April 20, 2011
To: [�( City Engineer
(650) 558-7230
CI Chief Building Official
(650) 558-7260
❑ Parks Supervisor
(650) 558-7334
❑ Recycling Specialist
(650) 558-7271
❑ Fire Marshal
(650) 558-7600
❑ NPDES Coordinator
(650) 342-3727
� City Attorney
From: Planning Staff
Subject: Request for Conditional use Permit to vary from the criteria for
operating an incidental food establishment at 824 Cowan Road,
zoned IB, APN: 024-390-210
Staff Review: April 25, 2011
1. Replace all displaced/damaged sidewalk, driveway, curb and gutter.
2. Proposed space #24 appears to encroach onto existing easement. Plan
needs to be modified to show space outside of easement area.
3. If any sewer fixture is added or replaced, sewer backwater protection
certification is required. Contact Public Works — Engineering Division at (650)
558-7230 for additional information.
Reviewed by: V V
Date: 4/25/2011
Project Comments
Date:
To: � City Engineer
(650) 558-7230
� Chief Building Official
(650) 558-7260
�Parks Supervisor
(650) 558-7334
From: Planning Staff
Subject: Request for Conditional use Permit to vary from the criteria for
operating an incidental food establishment at 824 Cowan Road,
zoned IB, APN: 024-390-210
Staff Review: April 25, 2011
April 20, 2011
� Recycling Specialist
(650) 558-7271
� Fire Marshal
(650) 558-7600
� NPDES Coordinator
(650) 342-3727
0 City Attorney
�3 , , ►! _
Reviewed by:
�v
Date: ��� /�j
l
Project Comments
Date:
��
From:
April 20, 2011
� City Engineer
(650) 558-7230
� Chief Building Official
(650) 558-7260
� Parks Supervisor
(650) 558-7334
� Recycling Specialist
(650) 558=7271
0 Fire Marshal
(650) 558-7600
X NPDES Coordinator
(650) 342-3727
0 City Attorney
Planning Staff
Subject: Request for Conditional use Permit to vary from the criteria for
operating an incidental food establishment at 824 Cowan Road,
zoned IB, APN: 024-390-210 -
Staff Review: April 25, 2011
�
Any construction project in the City, regardless of size, shall comply with the City
NPDES permit requirement to prevent stormwater pollution from construction
activities. Project proponent shall ensure all contractors implement Best
Management Practices (BMPs) during construction.
Please include a list of construction stormwater pollution prevention best
management practices (BMPs), as project notes, when submitting plans for a
building permit. Please see attached brochure for guidance. The brochure may also
be down loaded directly from "flowstobay.org." It is recommended that the
construction BMP's be placed on a separate full size plan sheet (2' x 3` or larger as
appropriate) for readability.
For additional assistance, please contact Kiley Kinnon, Stormwater Coordinator, at
(650) 342-2727.
r� _��
Reviewed by: �
Date: 0 �''I �-� � � i
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Pollution Preventio�. —.It's Part of the Plan
It is your responsibility to do the j ob right!
IZunofffrom sueets and other paved azeas is amajor source ofpollution in local creeks, SanFrancisco Bay andthe Pacific Ocean.
Consirucfion acfivities can direcNy affectthe health of ourwaters unless contractors and crews plan aheadto keep dirt, debxis, and other
conshuctionFvaste awayfromstmm drains aadcreeks. Followingthese guidelinesun7l ensure yourcompliancewithlocal stormwater
ordinance requirements. R'emembey-ongoing monitoring and maintenance ofinstalled controls is c:vcial to proper implementafion. .
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City of Burlingame
Conditional Use Permit
Address: 824-826 Cowan Road
Item No.
Action Item
Meeting Date: May 23, 2011
Request: Conditional Use Permit to vary from the criteria for operating an incidental food establishment (hours
of operation).
Applicant and Architect: Una Kinsella APN: 024-390-210
Property Owner: Marc Worrall Lot Area: 31,819 SF
General Plan: Industrial and Office 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.
Current Use: Office, warehouse and storage.
Proposed Use: Office, warehouse, storage and incidental food establishment for New England Lobster
Company.
Allowable Use: Incidental food establishment open on Saturdays and Sundays with approval of a Conditional
Use Permit.
Project Description: New England Lobster Company, currently located in South San Francisco, will soon be
relocating to the subject property located at 824-826 Cowan Road. The company's website notes that "New
England Lobster has been serving the bay area Maine lobsters, Dungeness crab, and shellfish since 1986. We
service restaurants, hotels, grocery stores, cruise lines, wholesalers and retail customers."
The subject property contains finro commercial buildings; the 10,000 SF building at the front of the lot contains
office, warehouse and storage uses and the 5,000 SF building at the rear of the contains a warehouse use. New
England Lobsterwould occupy both buildings and would contain office, warehouse and storage uses to support
the business. In addition to the wholesale business, the applicant would like to operate an incidental food
establishment (cafe) in the front corner of the building to offerfresh lobster, crab and deli services to the public.
In the IB zoning district, an incidental food establishment may operate as a permitted use as long as it complies
with the following criteria:
■ Is not the primary use of the building or structure (complies);
■ Is open no earlier than 6:00 a.m. and no later than 5:00 p.m., and closed Saturdays and Sundays
(proposed fo be open seven days a week from 10 a.m. to 7 p.m.);
■ Has a maximum size of 1,500 SF (complies);
■ Is at least fifteen (15) feet in length and fifteen (15) feet in width (complies);
■ Has no sale of alcoholic beverages (complies); and
■ Provides parking as set forth in Section 25.43.080 of this chapter (complies, see discussion below).
The cafe is in a mulit-use building and measures 1,500 SF in area, including the kitchen (1,500 SF inaximum
allowed in an incidental food establishment). The applicant would like to operate the cafe seven days a week
from 10 a.m. to 7 p.m. in order to serve guests staying in nearby hotels, as well as employees working in nearby
businesses. However, the IB zoning district limits the hours of incidental food establishments to Mondaythrough
Friday, from 6 a.m. to 5 p.m. and requires Planning Commission review to operate outside of these hours.
Therefore, a request for Conditional Use Permit is required to be open on weekends and after 5 p.m. on
weekdays. The applicant is requesting the following application:
■ Conditional Use Permit to varyfrom the criteria foroperating an incidental food establishmentto operate
seven days a week from 10 a.m. to 7 p.m. (10 a.m. to 5 p.m. allowed on weekdays; no operation
allowed on weekends) (Code Section 25.43.030 (fl).
. �
�> Conditional Use Permit 824-826 Cowan Road
The warehouse portion of the business would be open seven days a week from 4 a.m. or 6 a.m. to 2 p.m.
(opening time dependent on season); the cafe would be open seven days a week from 10 a.m. to 7:00 p.m. On
weekdays, there will be an average of eight full-time and four part-time employees in the warehouse and cafe.
On weekends, there will be an average of four full-time and two part-time employees on site. In five years, the
number of employees is expected to increase to ten full-time and six part-time on weekdays and six full-time and
four part-time weekends. The initial number of visitors expected to the site per day will be up to 40 on weekdays
and 45 on weekends. In five years, the number of visitors to the site per day is anticipated to increase to 50 on
weekdays and 55 on weekends. The maximum number of people expected on site at any one time, including
employees, is estimated to be 25 persons.
Planning staffwould note that the existing on-site parking is nonconforming in numberand dimension. Because
the previous use is considered to be nonconforming in its parking, the requirement for parking for any
intensification of use is based only on what is required by the difference in the parking requirement befinreen the
existing and proposed uses. Currently, the site contains a total of 18 on-site parking spaces with dimensions of
8' x 15' and 8' x 19' (24 parking spaces required based on the existing parking demand; 9' x 20' and 8' x 17'
minimum required for standard and compact parking spaces, respectively). Along the left side property line,
there is a shared driveway easement between the subject property and 840 Cowan Road. The existing parking
demand, based on the existing office, warehouse and storage uses, is 25 parking spaces. With the proposed
interior alterations in both buildings, the proposed parking demand is 24 parking spaces. Therefore, there is no
intensification of use proposed with the application and no additional on-site parking is required. As part of the
project, one van disabled-accessible parking space is required and is shown as parking space #1 (takes up two
existing parking spaces). To make up for the decrease in one existing parking space, an additional new parking
space (#18) is proposed. The van-accessible space and new parking space complywith the minimum required
dimensions.
824-826 Cowan Road
Lot Area: 31,819 SF Plans date stam ed: Ma 12, 2011
EXISTING PROPOSED ALLOWED/REQUIRED
Use: Office, warehouse and Office, warehouse, � Office, warehouse, storage
storage storage and incidental and incidental food
food establishment establishment permitted
...___ .....�.....�. _�.__�.. ...,...._..__..�,_ ..�_..... .__.u._W ......... .......M.� ....�.... .....,_.. --
, , __��. .., ,.....___ ._..��...__�.....��� ......_
Hours of n/a 7 days a week' Monday �hrough"Friday
Operation for 10 a.m. to 7 p.m.' :6 a.m. to 5 p.m. .
Incidental Food
Establishmenf: '
Parking: 18 on-site parking no change No additional on-site
spaces 2 parking is required since
there is no intensification of
use proposed
Conditional Use Permit required to vary trom tne criteria tor operating an inciaentai tooa estaqiisnment to
operate seven days a week from 10 a.m. to 7 p.m. (10 a.m. to 5 p.m. allowed on weekdays; no operation
allowed on weekends).
The existing on-site parking is nonconforming in number and dimension. Currently, the site contains a total
of 18 on-site parking spaces with dimensions of 8' x 15' and 8' x 19' (24 parking spaces required based on
the existing parking demand; 9' x 20' and 8' x 17' minimum required for standard and compact parking
spaces, respectively). �
Staff Comments: See attached memos from the Chief Building Official, Fire Marshal, City Engineer, Parks
Supervisor and NPDES Coordinator. Planning staff would note that since this application includes a request to
vary from the hours of operation, the application was placed directly on the action calendar. If the Commission
2
�,
• r Conditional Use Permit
824-826 Cowan Road
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.
Findings for a Conditional Use Permit: In order to grant a Conditional Use Permit, 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.
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
May 12, 2011, sheet A1;
2. that the incidental food establishment may not be open for business except during the hours of 10:00
a.m. to 7:00 p.m., seven days a week and that any change to the hours of operation which exceeds the
maximums as stated in these conditions shall require an amendment to this Conditional Use Permit;
3. that the Conditional Use Permit to expand the hours of operation of an incidental food establishment
shall apply only to the incidental food establishment and shall become void if it replaced by a permitted
use, is ever expanded, demolished or destroyed by catastrophe or natural disaster or for replacement;
4, that the conditions of the Chief Building Official's April 21, 2011 memo, the Fire Marshal's May 2, 2011
memo, the City Engineer's April 25, 2011 memo, the Park Supervisor's April 26, 2011 memo and the
NPDES Coordinator's April 21, 2011 memo shall be met;
5. that interior demolition or removal of the existing structures on the site shall not occur until a building
permit has been issued and such site work shall be required to comply with all the regulations of the Bay
Area Air Quality Management District;
6. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which
requires affected demolition, new construction and alteration projects to submit a Waste Reduction plan
and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall
require a demolition permit; and
7. that any improvements for the use shall meet all California Building and Fire Codes, 2010 Edition, as
amended by the City of Burlingame.
Ruben Hurin
Senior Planner
3
�
• d Conditional Use Permit
c. Marc Worrall, New England Lobster Company, property owner
Una Kinsella, applicant and architect
Attachments:
Application to the Planning Commission
Explanation Letter, dated April 19, 2011
Letter Regarding Driveway Easement, dated April 15, 2011
Conditional Use Permit Application
Commercial Application .
Staff Comments
Planning Commission Resolution (Proposed)
Notice of Public Hearing — Mailed May 13, 2011
Aerial Photo
824-826 Cowan Road
4
� LINGAME
, ��
G�MMUNfTY DEVELOPI'VIENT DEPARTMEM1ET' SO') PRIMRQSE ROAD � BURLINGAfNEs Ca 940'i0
p: 650.�58.7250 • f: 650.696.3790 • www.burlingame.org I
����.o��.�r��� �-� ��� ���,�-�i�� c�nnr�«����
Type of application:
❑ Design Review ❑ Variance ❑ Parcel #: �2� r�� ���� 0
�I Conditional Use Permit ❑ Special Permit ❑ Other:
Pl20JECT ADDRESS:
O Please indicate the contact person for this project
AP�LlCANT project contact person�
OK to send elec4ronic copies of documents �
Name: �j,� K((�SF�P�
Address: 1 p�3 IPAI�OM� f��
City/State/Zip: '��le.�--�I�IrT�M�. �'�
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Phane: �j� -��d- �� l'L
Fax:
E-mail: �)N'1I'C (�, QO"r��'1� •�l�
ARCHITECT/DESIGNER project contact persors,�'
OK to send electronic copies of documents ❑
Name: SO�►�►%.' ai abov�e-
Address: _
City/State2ip:
Phone:
Fax:
E-mail:
� Burlingame Businers License #: �27.�D gi �
� �
i:,.. ':,., �...., � .. ; .
APR 2 0 2011
CITY OF BURLINGAME
CDD-PLANNING DIV.
AFFA�AWiTlSa.G1�ATURE: I hereby certify under penaity of perjury that the information given herein is true and correct to the
best af my knowledge and belief.
A,pplicant's signature: ���e�� �� ��
i am.aware o� the p�apased appii�a�ion a�d he�:eby autharize the above applicant tc submit th;s pplication to the Plannirg
Commission. /
�/� �/ -, �
E�rop�er�p owner's sBgna�ure: � d'L`ez;�%(� � Date: / �� r
�aie sut�mitfed: �"' 2�' ��
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PROPERTY OWNER project contact person ❑
OK to send electronic copies of documents ❑
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CitylState/Zip: � -r'r� . C,f� °��'B�SO'" �19��
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E-mail: Wtotv'[� Q �qiZ%�JS�.e�/` . �'1�_
��ferific�tion thaf �he project archiiect/designer has a v�fid Burfingarr�e busi�ess license will be r�quired by the
Fis�ar�ee Depar#ment at the tirne applica�ion fees.are paid.
0 Please mark one box above with an X to inciicate the confact person for this project. S:�Halloours�Pcapplication 2oos.handout.doc
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UMK ARCHITECTURE
1033 Paloma Avenue
Burlingame, CA 94010
C�earthlink.net / 415.730.1812
4/19/11
Ruben Hurin — Senior Planner
Ciry of Burlingame, Planning Division
501 Prixnrose Road,
Burlingame, CA 94010
Re: 824/826 Cowan Road, Burlingame
Conditional Use Permit Request
�., ,. �:
APR � 0 2011
CITY OF BURLINGAME
CDD-PLANNING DIV.
On behalf of mp client, Marc Worrall / New England Lobster Company, I respectfully
submit this application and request for Conditional Use Permit for the properties at 824 /
826 Cowan Road.
Marc Worrall is a life-long Burlingame resident whose business moved from Bur}ingame to
South San Francisco about 20years ago. He currentlp owns and manages the property on
Cowan Road, but has not been able to relocate his business to this location until now. He is
egcited about the opportuiiity to finally move his business back to Burlingame and serve the
local community and nearby hotel/tourist business in the near future.
As part of the business relocation, we are requesting an egtension in the permitted hours of
operation for a small cafe (less than 1500s fl which will be an incidental use to the
Storage/Warehouse and Office space that is currentlp approved and which will continue to
at this property. With the proposed cafe, New England Lobster will be able to pxovide the
growing demand for fresh lobster, crab and deli services in addition to their current
wholesale business which has served Bay AYea restauxants, hotels, community & non-profit
organizations and local consumers for the past 25 years.
We appreciate your consideration of this request and we look forward to the oppoxtunity to
relocate the New England Lobster Company and provide a new and exciting small food
service for the City of Burlingame and surroundi.ng areas.
Sincerely,
� `ry "" � , '��11-
Una Kinsella, Project Architect
CC: Marc Worrall, New England Lobster Company
�
CHARLES H. RIBLE, ESQ.
REAL ESTATE ATTORNEY
3130 LA SELVA STREET, SUITE 307
SAN MATEO, CALIFORNIA 94403-2192
TELEPHONE: (650) 573-0307
FAX: (650) 571-8590
E-MAIL• CHUCK(�CHRIBLE.COM
April 15, 2011
Ruben Hurin, Senior Planner
CITY OF BURLINGAME
501 Primrose Road
Burlingame, CA 94010-3997
Re: 824-826 Cowan Road, Burlingame
Dear Mr. Hurin:
OF COUNSEL:
HAROLD A. JUSTMAN
RICHARD R. FIMMEI
�• ,J
APR 2 0 2011
CITY OF BURLINGAME
CDD-PLANNING DIV.
I represent Marc and Susan Worrall, the owners of the
above property, regarding the driveway on the west side of
the above property. A portion of the driveway is located
on the adjacent property owned by Joanne Hickey Prolo.
In 2010, I filed an action on behalf of the Worralls
to quiet title to an easement for the driveway across the
property of Ms. Prolo. The judge granted an injunction
allowing the Worralls to continue using the driveway and
preventing Ms. Prolo from interfering with that use in any
way.
We recently settled the case with Ms. Prolo. As part
of that settlement, Ms. Prolo will be recording an easement
allowing the Worrall property to continue to use the 10-
foot strip of the Prolo property along the west side of the
Worrall property. The easement will be such that the
Worrall property will continue to use all of the concrete
and parking area located on the east side of the chain link
fence dividing the two properties.
Prolo's attorney is currently preparing the easement
to be recorded. I anticipate that the easement should be
recorded within the next 30 days. Let me know if you have
any questions regarding the easement or the settlement.
Very truly yours,
CHR:ma
Charles H. Rible
' P
City of Burlingame • Community Development Department • 501 Primrose Road • P(650) 558-7250 • F(650) 696-3790 • www.burlinqame.orq
BURL�� CITY OF BURLINGAME �
� CONDITIONAL USE PERMIT APPLICATION
,
PR 2 0 2011
CITY OF BURLINGAME
CDD-PLANNING DIV.
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.
�
2.
Explain why the proposed use at tFie proposed location will not be detrimental or
injurious to proper(y or improvements in the vicinity or to public health, safefy,
general welfare or convenience.
r-� �r�opos£�o �s�c� Is ��ti�tfiG� IN -t� �� w�s�trec�-t-•
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�PFRA�"� ori1 w tU. e� w�tfit�t hf N o�tmRti w�-»� a- G� F�,r.�, Nlr�
p,vsctJEss Ad'1vt1�S 'PaYz.'A�1'E. J�cp.EAc •
•. ! MWrtov� w�E1JI5 "tti ��'�£ I U1F£ ��( � �7'�•Y►'� W �f.� (PC�diCti oT� �
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How will the proposed use be located and conducfed in accordance with t� ����'
Burlingame General Plan and Zoning Ordinance?
"tit� PRoPo56� Us�S W11.� M'�-�C' prLt,. ���tR�nF.N'iS uF
�-�}l� � 2ot� �xGE!°T 'fiHP�'T' �.X-'t'ENa�.ao Kyv� s�- 4'P�(�t�l a�]
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3. How will the proposed project be compafible with the aesthetics, mass, bulk and
character of the existing and potential uses on adjoining properties in the general
vicinity? �
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City of Burlingame • Community Development Department � 501 Primrose Road • P(65�) 558-7250 � F(650) 696-3790 • www.burlinqame.orq
1. Explain why the proposed use at the proposed location will not be detrimental
or injurious to properfy or improvements in the vicinity or to public health,
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 health 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).
Publre safety. How will the structure or use within the structure affect police or fire protection? Will 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, trafFc) 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 aj�afi��i��ltph�a�e`iiiea�ir�g�ca,lr�mur�it��ned:r.�� ttt�:�proposal��co�sistent�with;th�.�i�y's p�licy,and goals for
conser;uat�on and,�Yela�rraen�?�,Ig.,thece aso��l.,b���f4t? 4,,, .;,, ..,.., �; ;.
�,,,�t..a i:1 [.i ..��""ar��i.°i:, .:�d`iu.C;+ �:I.vt,t_ n nM a' �.r�.N .:ly�il,r '�Y,��4";°,T;�„ `w -y, 11�
.:.i � ^
Convenience. 1-:�'���r�Uld th�:p�r�apbsed;s�ql'�,t�r�;o;r;usi��ffe,ct�ub,Ijc��b�ver�Fet�ce���uch��� sJacce,�s�t�,c�r par�Clrag forthis site or
adjacent sit, s)? I,s the proposal accestsibie to parti�T^�ular s�egm,ents of the pr blic such as �he.ejde �ly or handic�apped?
�•.:'. ���t:51; ; :i�t 1 �r t ,.. �. « .'i: i•=wa�� -�. . :-�t G �`+ i; .��•�i'•i� 3����� , ��*: �+"'4 .��` 1
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2. How wf�'l �l-i��;j€�r(i�ios��dzi�sa�be'�lo��t�d��n�l;�t�;r��lue.��d.�r�fac�Q�rd�a�ce with the
B!urlingame Genera/ Plan and Zon���r,,Or,�ir.�ar��e?,....�s•��,�}�3.��,,; ,,�,�-_M-.#;r�;t.,�
, "' ��
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Asl�st,h�e�P,�annir�g�;Departr,�ent fpr��tl�,e�g�r�e,r�l;plan �esig��tiQq;.�d zort�g�dis�r}ctgfor the�{�r�sed �roje�t�sita �Also, ask for an
.���;c,�,��lanation of each Once you Fiave this information, you can compare your proposal with the stated designated use and
.� R;�zgarn�g, then explain why this proposal would fit accordingly.
3. How•:w�ll#f�.�3��,,,r��qo;s�d,pr:qj�ct�be cot�,�a�fibl� wit�;the �es he#ic�;;mass, bulk
t �..a rt ..1--M'" ^P�q1 w- •.���+til�.. ., l., ��..��`,.t.J�='��1 Y �i
an�. �r,,�ter.Qf tF���;�xistin, gr���,1� pote�,�i�l c�s�s�or�ad#;oinir��,pro��riies in the
Mr�.�r�er�� viGi�.�f�r�it ^� •'�; � _.,�'�'A�YL�.. �....t pG�>�"�T-•�.�°�`r� »/i�l t +,� s�iA'.F.CeP�,�f'a;�'1 e� "ry i .?;��'.k
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How does the proposed structure or use compare aesthetically witfi e�Cis�irig n�eigfi'bbr�hood? �Ff it�does 'no��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 chan�e, state why.
-_i'"•Z p v + r' . .,��; a'li"1�' �+��� r '�:. i � +.�t•+����.,; «+,: r.,;Y (! t ?•S4 :�`"t'i t ..�� � e .:
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How v�ill�e,��oQc�Ssed proje�t be cor�patibJ�w�th,exisfing and pat n�;al �s�s in.the, g er�eFal vicinit,�?� Compare your project with
existitti� us8s. 'State wfiy yo�l'feel your proje�t is consi�eht witfr��her uses in tlie�Jfc►nrty; and/c3r`�tate�w.Fty`�our project would
be consis#ent'w'i�la�'�����I,U�es,ir�:the Vi�ltrity�:z '��� •'��^ ' *,� .� - ` � 1-a:,•', y�.,���,;; �.;,j, ^i" ..�.. •�, �
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Corrzmunity Development Dept. ■ 501 Primrose Road ■ Burlingame, CA 94010 ■ P:650.558J250 ■ F:650.696.37 0'�:[�ur��m�. �
� � APR 2 0 2011
BURLINGAME COMIWIERCIAL APPLICATION
� CiTY OF BURLINGAME
PLANNING COMMISSION APPLICATION SUPPLEMENTAL FORMCbU-F'1ANNING DIV.
1. Proposed use of the site MIXEYJ US�. — �NArRE4f-,�VS� � O�-i"-t'c,E � r}�� �iNU�oF�t1� USE�
P�w°�°
2. Days and hours of operation [up,�RE}f�av�� CnAcNI" �.�1v1 �S�taSonot� �,� C.Pc�E tc>�t►'1'?PM �N^ SAT-
3. Number of trucks/service vehicles to be parked at site (by type
4: Current and pro'ected maximum
: W Gt'�QLiws. wo' �Fi-�. '
r of employees (including owner) at this location:
�✓,�'a ��.�s r "9�`.3�,.�r♦ �i5 �.�'-r'�.�i' �i'��'tv ��'� `�'s�s�, . ''1}.��a��xx efi"5'+�f. ry t yN f . `�` 7r t r "Y R ,,�dr:
.� "� ,� � �'�"''ri.N-'`<� ,� 2,s�t v ti � E, � � ,� �.�^,:` �,� ,z�, r� � a � � s � � ��,? t y *i r r r i "7 p a c a- "'� �, x ���*�-��' �
-2...,b c� rs ±. a �
��r;.�d�r,�. ., �'f ;;k:Y� 7xek a^ yi2#�,*F���x+�`°�. ,�s„ 'ti�'^�r-. jaw�Y . is.n�,�"��. e,.rs-`:a_r #r"�-'f a�.}
� � �x�� oF a � �t r +� r '3-,.� � � �y�y,, � � �-.Ttk �� u �, "s�" � ��`��'G"` � t"�"' �i�
.�.�e��.,,,�^,: .� �. .� ..:� �?,��?.�,-t�r^;;i"..x.it'h„r.��c',e,T..�rh��� 1+�F4>k[. F3 ti �iA n �� �,c �� ,M?-",';�? -•
i�i'at. . . �ti�. . . �.. r.�%.�4s,G�J S .�-�
Hours of � AM.to After 5:00 AM to After 5:00 AM to After 5:00
Operation � PM PM PM PM PM PM
Weekdays
Full-time S O�v • �� f �'� �
Part-time
� av� • � `� � O -- � (�, o �1
Weekends
Full-time � av • -- 2 �0 �• % 2•
Part time 2�� - � �. 0_� �}- o- I
5. Current and projected maximum number of visitors/customers who may come to the site:
-"""_, VErt�t {fAiR�v'Cb pR.Er�lc�"; 'tit�S� �E �uESs't'iNt�5
Hours of .
Operation
Weekdays
Weekends
�o AM to After 5:00 �o AM to After 5:00 l°AM to After 5:00
'i PM � PM _� PM PM .�PM PM
2y -. 30 5�l � I 30
2n • Z�i I l� " 2. D � 25
lb
�
�� lS �
�� x�
6. What is the maximum nurr5ber of people expected on site at any one time (include o�vner, employees and
visitors/customers): ZGJ 'rLYt�l.�
7. Where do/will the owner and employees park? it�t t�EA�lL. OF �vUtuDING�► IN �ES�,��r�U Sr�,SJ
v. VVii�'i�� �vivvi�i iii� Ci.iSivi�iigi���vi�'S{�viCu �ai�? 1�F Z. 1����YLN� �V ^ L1=y��� ��L�� •
9. Present-or most recent use of site �1tXl5,rJ : IN1�,RE.{�F -Y e�jC�.
10. List other tenants on property, their number of employees, hours of operation (attach a list if more room is
needed
COMMERCIAL.APPLI CATI ON.2008
�
-.
Date:
To:
April 20, 2011
❑ City Engineer
(650) 558-7230
❑ Recycling Specialist
(650) 558-7271
❑ Fire Marshal
(650) 558-7600
❑ NPDES Coordinator
(650) 342-3727
❑ City Attorney
X Chief Building Official
(650) 558-7260
❑ Parks Supervisor
(650) 558-7334
From:
Planning Staff
Subject: Request for Conditional use Permit to vary from the criteria for
operating an incidental food establishment at 824 Cowan Road,
zoned IB, APN: 024-390-210
Staff Review: April 25, 2011
1)
2)
3)
4)
5)
6)
7)
8)
On the plans specify that this project will comply with the 2010 California Building Code, 2010
California Residential Code (where applicable), 2010 California Mechanical Code, 2010 California
Electrical Code, and 2010 California Plumbing Code, including all amendments as adopted in
Ordinance 1856-2010. Note: If the Planning Commission has approved the project prior to 5:00
p.m. on December 31, 2010 then the building permit application for that project may use the
provisions found in the 2007 California Building Codes including all amendments as adopted in
Ordinance 1813.
Specify on the plans that this project will comply with the 2008 California Energy Efficiency
Standards.
Go to http�//www.energy.ca.qov/title24/2008standards/ for publications and details.
Place the following information on the first page of the plans:
"Construction Hours"
Weekdays: 7:00 a.m. — 7:00 p.m.
Saturdays: 9:00 a.m. — 6:00 p.m.
Sundays and Holidays: 10:00 a.m. — 6:00 p.m.
(See City of Burlingame Municipal Code, Section 13.04.100 for details.)
On the first page of the plans specify the following: "Any hidden conditions that require work to
be performed beyond the scope of the building permit issued for these plans may require further
City approvals including review by the Planning Commission." The building owner, project
designer, and/or contractor must submit a Revision to the City for any work not graphically
illustrated in these plans prior to performing this work.
Anyone who is doing business in the City must have a current City of Burlingame business
license.
Provide fully dimensioned plans.
Provide existing and proposed elevations.
This project will be considered a New Building because, according to the City of Burlingame
Municipal code, when additions, alterations or repairs within any twelve-month period exceed
fifty percent of the current replacement value of an existing building or structure, as determined
by the building official, such building or structure shall be made in its entirety to conform with the
�l
requirements for new buildings or structures." This building must comply with the 2010 California
Building Code for new structures.
9) Due to the extensive nature of this construction project the Certificate of Occupancy will
be rescinded once construction begins. A new Certificate of Occupancy will be issued
after the project has been finaled. No occupancy of the building is to occur until a new
Certificate of Occupancy has been issued.
10) Provide a complete demolition plan that indicates the existing walls, walls to be demolished, new
walls, and a legend. NOTE: The Demolition Permit will not be issued and, and no work can
begin, until a Building Permit has been issued for the project.
11) Show the distances from all exterior walls to property lines or to assumed property lines
12) Show the dimensions to adjacent structures.
13) Provide guardrails at all landings. NOTE: All landings more than 30" in height at any point are
considered in calculating the allowable lot coverage. Consult the Planning Department for details
if your project entails landings more than 30" in height.
14) Provide handrails at all stairs where there are four or more risers.
15) Provide lighting at all exterior landings.
16) Complete the occupant load table below, that accounts for all floor area in the tenant space, and
provide the table on the first page of the plans.
Occu anc Grou S uare Feet Occu ant Load Factor Total Occu ant Load
A-3 Dinin 15
A-3 Fixed Seatin See CBC 1004.7
B Office 30
Kitchen 200
S-2 (Storage) 300
* Not re uired to be counted in the Occu ant Load Calculation er CBC 1002
Corridors* 0 0
Stairwa s* 0 0
Toilet Rooms* 0 0
Mechanical Rooms* 0
0
Closets* 0 0
Total Bld . Area
17) On your plans provide a table that includes the following:
a. Occupancy group for each area of the building
b. Type of construction
c. Allowable area
d. Proposed area
e. Allowable height
f. Proposed height
g. Proposed fire separation distances
h. Exterior wall and opening protection
i. Allowable
ii. Proposed
i. Indicate sprinklered or non-sprinklered
18) Acknowledge that, when plans are submitted for building code plan check, they will include a
complete underground plumbing plan including complete details for the location of all required
grease traps and city-required backwater prevention devices.
19) Illustrate compliance with the minimum plumbing fixture requirements described in the 2010
California Plumbing Code, Chapter 4, Table 4-1 Minimum Plumbing Facilities and Table A-
Occupant Load Factor.
20) Separate toilet facilities are required for each sex, except:
't
a. Residential occupancies
b. Occupancies serving ten or fewer people may have a toilet facility for use by more than
one person at a time, shall be permitted for use by both sexes.
c. Business and Mercantile occupancies with 1500 square feet or less may have a toilet
facility for use by no more than one person at a time, shall be permitted for use by both
sexes. 2010 CPC §412.3
21) Show compliance with all accessibility regulations found in the 2010 CBC for existing buildings
including:
a. Accessible paths of travel
NOTE: The exterior walkways must be 48" in width (not 44") and the walkways that adjoin
drive aisles must have one of the following features installed along the entire walkway that
adjoins the drive aisle:
1. Truncated domes 36" in width
2. A 6" high curb
3. A guardrail
b. A level landing must be provided on each side of the door at all required entrances and
exits.
c. Accessible countertops
d. Accessible bathrooms
e. Accessible parking
22) Provide an exit plan showing the paths of travel
23) Doors and/or windows cannot project into the public right of way 2010 CBC §3202.2. Amend the
plans to show that doors and windows in their fully open position do not encroach into the public
right of way.
24) In Assembly occupancies specify aisle widths that comply with 2010 CBC §1028.9.
25) Specify the total number of parking spaces on site
26) Sewer connection fees must be paid prior to issuing the building permit.
Reviewed by: Date:�/ O _
�
Project Comments
Date:
To:
From:
Aprii 20, 2011
0 City Engineer
(650) 558-7230
� Chief Building Official
(650) 558-7260
� Parks Supervisor
(650) 558-7334
0 Recycling Specialist
(650) 558-7271
� Fire Marshal
(650) 558-7600
� NPDES Coordinator
(650) 342-3727
� City Attorney
Planning Staff
Subject: Request for Conditional use Permit to vary from the criteria for
operating an incidental food establishment at 824 Cowan Road,
zoned IB, APN: 024-390-210
Staff Review: April 25, 2011
1. Buildings shall be retrofitted with an automatic fire sprinkler system when 1200
sqft of remodel is made. Please see the Burlingame Municipal Code for
further specifics.
2. A fire protection extinguishing system shall be installed for all kitchen
equipment producing grease laden vapors.
3. Storage for facilities shall be limited to 12 feet in height unless an application
for High Piled Storage is obtained through the Central County Fire
Department.
4. Exiting shall be provided for the Cafe/Dining area as required for Assembly
occupancies.
5. Fire apparatus access shall be provided and identified in accordance with the
California Fire Code. Fire apparatus access shall permit the ability for fire
apparatus to come with 150 feet of the furthest point of any building on the
property. Fire apparatus access shall not be less than 20 feet wide.
Reviewed by: �Z�---//1 Date: Z �!��l�
�
Project Comments
Date:
April 20, 2011
To: d City Engineer
(650) 558-7230
❑ Chief Building Official
(650) 558-7260
❑ Parks Supervisor
(650) 558-7334
❑ City Attorney
From: Planning Staff
Subject: Request for Conditional use Permit to vary from the criteria for
operating an incidental food establishment at 824 Cowan Road,
zoned IB, APN: 024-390-210
Staff Review: April 25, 2011
1. Replace all displaced/damaged sidewalk, driveway, curb and gutter.
2. Proposed space #24 appears to encroach onto existing easement. Plan
needs to be modified to show space outside of easement area.
3. If any sewer fixture is added or replaced, sewer backwater protection
certification is required. Contact Public Works — Engineering Division at (650)
558-7230 for addifional information.
Reviewed by: V V
❑ Recycling Specialist
(650) 558-7271
❑ Fire Marshal
(650) 558-7600
❑ NPDES Coordinator
(650) 342-3727
Date: 4/25/2011
Project Comments
Date:
April 20, 2011
To: � City Engineer
(650) 558-7230
� Chief Building Official
(650) 558-7260
� Parks Supervisor
(650) 558-7334
From: Planning Staff
� Recycling Specialist
(650) 558-7271
0 Fire Marshal
(650) 558-7600
� NPDES Coordinator
(650) 342-3727
� City Attorney
Subject: Request for Conditional use Permit to vary from the criteria for
operating an incidental food establishment at 824 Cowan Road,
zoned IB, APN: 024-390-210
Staff Review: April 25, 2011
,r ►! -
�
Reviewed by:
�
Date:
���%l
�
Date:
To:
From:
j Project Comments
April 20, 2011
� City Engineer
(650) 558-7230
� Chief Building Official
(650) 558-7260
� Parks Supervisor
(650) 558-7334
� Recycling Specialist
(650) 558-7271
0 Fire Marshal
(650) 558-7600
X NPDES Coordinator
(650) 342-3727
0 City Attorney
Planning Staff
Subject: Request for Conditional use Permit to vary from the criteria for
operating an incidental food establishment at 824 Cowan Road,
zoned IB, APN: 024-390-210 -
Staff Review: April 25, 2011
�
Any construction project in the City, regardless of size, shall comply with the City
NPDES permit requirement to prevent stormwater pollution from construction
activities. Project proponent shall ensure all contractors implement Best
Management Practices (BMPs) during construction.
Please include a list of construction stormwater pollution prevention best
management practices (BMPs), as project notes, when submitting plans for a
building permit. Please see attached brochure for guidance. The brochure may also
be down loaded directly from "flowstobay.org." It is recommended that the
construction BMP's be placed on a separate full size plan sheet (2' x 3` or larger as
appropriate) for readability.
For additional assistance, please contact Kiley Kinnon, Stormwater Coordinator, at
(650) 342-2727.
Reviewed by: � `����1
Date: 0 �'I �.l � � �
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Storm�vater Polluti�n Prevention Program
Pollution Pre�entio�. - It's Part of the Plan
It is your responsibility to do t�ie j ob right!
Runofffrom streets and otherpaved areas is amajor source ofpollution ia local creeks, San Francisco Bay andthe Pacific Ocean.
Construcfion activities can directly affect the health ofourwaters unless contractors and crews plan aheadto keep dirt, debris, and other
constructiontvaste away from stom� drains and creeks. Following these guidelines w11 ensure your compliance withlocal stormwater
ordinance requirements_ Remembey ongoing monitoring and maintenance ofinstalled conlrols is cxucial to pmper implementatiau. .
Hea.vy Earth Moving Roadwork & Paving F xesh Conciete Paiuting & Applicatian
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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 proposed and application has been made for
Conditional Use Permit to v� from the criteria for operatinq an incidental food establishment
(hours of operation) at 824-826 Cowan Road, zoned IB, Marc M. Worrall Tr, 1139 Eastmoor
Road, Burlinqame. CA, 94010, propertv owner. APN: 024-390-210;
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
Mav 23, 2011, 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:
1. 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 Article 19, 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 Permit is approved subject to the conditions set forth in Exhibit "A"
attached hereto. Findings for such Conditional Use Permit 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.
Chairman
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 23�a day
of Mav, 2011 by the following vote:
Secretary
EXHIBIT "A"
Conditions of approval for Categorical Exemption and Conditional Use Permit.
824-826 Cowan Road
Effective June 2, 2011
1. that the project shall be built as shown on the plans submitted to the Planning Division
date stamped May 12, 2011, sheet A1;
2. that the incidental food establishment may not be open for business except during the
hours of 10:00 a.m. to 7:00 p.m., seven days a week and that any change to the hours of
� operation which exceeds the maximums as stated in these conditions shall require an
amendment to this Conditional Use Permit;
3. that the Conditional Use Permit to expand the hours of operation of an incidental food
establishment shall apply only to the incidental food establishment and shall become
void if it replaced by a permitted use, is ever expanded, demolished or destroyed by
catastrophe or natural disaster or for replacement;
4. that the conditions of the Chief Building Official's April 21, 2011 memo, the Fire
Marshal's May 2, 2011 memo, the City Engineer's April 25, 2011 memo, the Park
Supervisor's April 26, 2011 memo and the NPDES Coordinator's April 21, 2011 memo
shall be met;
5. that interior demolition or removal of the existing structures on the site shall not occur
until a building permit has been issued and such site work shall be required to comply
with all the regulations of the Bay Area Air Quality Management District;
6. that the project shall comply with the Construction and Demolition Debris Recycling
Ordinance which requires affected demolition, new construction and alteration projects
to submit a Waste Reduction plan and meet recycling requirements; any partial or full
demolition of a structure, interior or exterior, shall require a demolition permit; and
7. that any improvements for the use shall meet all California Building and Fire Codes,
2010 Edition, as amended by the City of Burlingame.
.^
� r
. CITY OF BURLINGAME
' � " COMMUNITY DEVELOPMENT DEPARTMENT
BURLINGAME 501 PRIMROSE ROAD �-��,;k�`�� '�'�` �•'•
� t�'�z�. �;
� �, , � � �.,
_`� , ,, ,_ BURLINGAME, CA94010 .��" �.�r�"�$,��x �" _
-�+ PH: (650) 558-7250 o FAX: (650) 696 3790 �-�� �
www.burlingame.org �'x��'�'���'�;��; °
;�� = ��. � � � .�
y'i i 1'S.� 3�.e � t ii� s,�
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Site: 824 — 826 COWAN ROAD '���
� __��
t�-�°.!82�53.:54
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h5ailed From g'! Q1t�
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The City af Burlingame Planning Commission announces pugLlC HEARING
the following public hearing on MONDAY, MAY 23,
2011 at 7:00 P.M. in the City Hall Council Chambers, �OTICE
501 Primrose Road, Burlingame, CA:
Application for (onditional use Permit to vary from
the criteria for operating an incidental food
establishment (hours of operation) at 824 — 826
COWAN ROAD zoned IB. APN 024-390-210
Mailed: May 13, 2011
(Please refer to other side)
City of Burlingame
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.
William Meeker
Community Development Director
PUBLIC HEARIPIG NOTICE
(Please refer fo other side)
824 Cowa n Rd .- 024 . 390 .210
SCALE 1 : 1,765
100 0 100 200 300
FEET
_
. CITY OF BURLINGAME
� r ' COMMUNITY DEVELOPMENT DEPARTMENT
BURLINGAME 501 PRIMROSEROAD ��Y�'��;�"wr:���-�,:.�•;,"�
=� `9� , BURLINGAME, CA 94010 � r{ �k�"`� �y � "� �: _
- � + PH: (650) 558-7250 e FAX: (650) 696; 37590 � ��� , < _
- www.burlingame.org !�•�_�..,, ,�'"s`.�"""•F _
i�'•.i� '�3 `-;�f : ;.'_�Y �rs�,i �i,
`x S Lj���r s/1 - Y�;E �:
Sifie: 824 — 826 COWAN ROAD ���'�-�-w-��
The City of Burlingame Planning Commission announces
the following public hearing on MONDAY, MAY 23,
2011 at 7:00 P.M. in the City Hall Council Chambers,
501 Primrose Road, Burlingame, CA:
Application for Conditional use Permit to vary from
the criteria for operating an incidental food
establishment (hours of operation) at 824 — 826
COWAN ROAD zoned IB. APN 024-390-210
Mailed: May 13, 2011
(Please refer to other sideJ
(l..� ,_ =,',:v'ti?'SG."
� �� ���
t::�ii_•��Fr^�� 4'�1ii
�� F�� ��;G�::
PUBLIC HEARING
NOTICE
Cit�r of Burlinqame
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.
William Meeker
Community Development Director
PUBLIC HEARIiVG NOTICE
(Please refer to other side)
Planning Commission Notices
824 - 826 Cowan Road
Meeting Date: 05.23.11
22 Notices - 024.390.210
. 'Parcel ': �`OwnerName � . ' �:Address" .. � . = Ci# 'Stateli
024 401 390 Asia Pacific California lnc 839 Cowan Rd Burlingame, CA 94010
024 390 200 C A G 6191 N State Hi hwa 161 Irving, TX 75038
092 030 110 City & Co Of San Francisco Po Box 8097 San Francisco, CA 94128
024 390 080 City Of Burlingame 501 Primrose Rd Burlingame, CA 94010
024 370 070 City Of Millbrae 621 Ma nolia Ave Millbrae, CA 94030
123 610 050 David M Norcross 1789 Terrace Dr Belmont, CA 94002
123 610 020 H N F I LP 5580 S Alameda St Vernon, CA 90058
024 401 360 Hector Manuel Dominguez 11 Valle'o Dr Millbrae, CA 94030
123 610 010 Hnfi 5580 S Alameda St Vernon, CA 90058
024 390 190 Javad Zolfaghari 3417 Stace Ct Mountain View, CA 94040
024 390 050 Joanne Hickey Prolo 19841 Glen Una Dr Sarato a, CA 95070
123 610 040 Lela LLC 559 Pilgrim Dr #c Foster Cit , CA 94404
024 401 500 Lorraine M Arnaudo Ptp LP 19203 S Trac Blvd Trac , CA 95304
024 390 210 Marc M Worrall 1139 Eastmoor Rd Burlingame, CA 94010
024 401 520 Peninsula Props L Professional 856 Mitten Rd Burlin ame, CA 94010
024 401 410 Richard P& Judi M Ruggeri 34 Bennett Rd Redwood Cit , CA 94062
024 401 240 Ricky Hon 200 Valle Dr #32 Brisbane, CA 94005
024 401 510 Rodan Investments LLC 859 Cowan Rd Burlin ame, CA 94010
024 401 470 School Apparel Inc 838 Mitten Rd Burlin ame, CA 94010
024 370 110 Starwood S F Clarion Realty LLC Po Box 4900 Scottsdale, AZ 85261
024 370 150 Westin Bay Hotel Company Po Box 4900 Scottsdale, AZ 85261
123 610 030 Yun-Ho Yeh Po Box 806 Millbrae, CA 94030
824 - 826 Cowa n Rd .
SCALE 1 : 2,076
100 0 100 200 300
FEET
,
CITY OF BURLINGAME
AFFIDAVIT OF MAILING NOTICES
STATE OF CALIFORNIA )
)
COUNTY OF SAN MATEO )
C. Rihm , being duly sworn, deposes and says:
that he is a citizen of the United States, over the age of 18-years, that acting
for the City of Burlingame on the 13th day of Mav 2011 deposited in the
United States Post Office a NOTICE OF PUBLIC HEARING, a copyofwhich
is attached hereto, with postage thereon prepaid, addressed to the persons
listed on the addresses attached hereto and made a part hereof, to wit:
that said persons are the owners of said property who are
entitled to NOTICE OF HEARING pursuant to the Ordinances
of the City of Burlingame that on said day there was regular
communication by United States Mail to the addresses
attached hereto.
824 — 826 COWAN ROAD
22 — 310' radius notices
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Warehouse/Packing
5,000 sf / 4900 sf
floor area
Parking shown—
is existing U.O.N
as new (N)
48" wide
accessibie path
of travei to Cafe
entrance
Van accessible
parking space-
(9'x 18') R
loading area
(8' x 1 S')
48" accessible
path along drive�
to Cafe entrance
6,380 sf
Office Space —
1,620 sf
Existing
Accessible
Bathrooms
395 sf
Kitchen
Maximum Cafe+ / 405 sf
Kitchen Area = �
1,500 sf � Cafe/ Dining Are�
1,050 sf (approx)
Ramped p�,_
1:50max slope
New 5x5 level —
..... ..
land'g 8 42"w
accessible
Entry door
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(ahove ground) 3o' z 70'
826 COWAN RD
5,000 SF BLDG
4,900 sf fioor area (msrd to oulsitle oF
conc. walls & exelud'g recessetl enVy)
W aretrouse(Pecking Area
Exit
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824 CO AN RD
10,000 F BLDG
9,850 sf Floor ar (msrd to outside of
conc. walls & ex lud'g recessed enlry)
om�e
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824 / 826 COWAN ROAD
PROPOSED SITE PLAN/FLOOR PLANS
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gravel area
zo�-o^ —
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824 ! 826 COWAN ROAD
GENERf�L NOTES
7. Appiicable Codes:
The following codes inclutling all Amendments as adopted by
City of Burlinpame Ordlnance 18�3:
2010 Califomia Builtling Cotle (based or 200618C)
ZO10 Cali(omia Mechanical Cotle @ased on 2006 UMC)
201� Califomia Plumhl� Code (based on 2006 UPC)
2�10 Califomia Electrical Code (based cn 2005 NEC)
2010 Califomia Fire Code 1�ased on 2006 IFC)
2�OB Callfornia Energy Effc ency StantlarOs
Code Enforcing Agancies: City ol Burlingeme Building Department
The intent of Ihe d2wings and specifcat�ons is ro provide intenor tenan[
improvements at the laciliry in accordance with the 2010 Califomia
Code of Regulatlons.
2. The ContracWr and his sub-contractors are to veriry ali existing
conditlons before commencing wifh Ne work, in order to ensu2 confortnance
th Ihe Cansiruction Documenis. All inconslstencies
shall �e brou9ht to ihe ettention of the Owner, Architect antl Engineenng consuitanta
prior to proceeding with any work.
3. layout of new work is largely Desed uoon relefionships to existing
conditions. Any questionsreq erdmg the inlent relatetl to Me layout of
Ne new work sheli be broughl to the aVention of the Owner 8 Architecf pnor ro
procooding wifh any worrc.
4. ConsWctlon Hours: weekdays 7A-7P; SaNrdays 9A�6P;
Sundays 8 Holitlays t0A-6P
P�4RGEL M,4P 824I826CowanRd
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51TE � ZONIh1G 17f�TA
AP # 024-390-210
ZONE - INNER BAYSHORE DISTRICT- IB
CONSTRUCTION NPE - NPE III / B
OCCUPANCY-BIOGt MIXEDOCCUPANCYS-2/8lA-2 �
BLDG 2 F-1 OR F-2
LOT SIZE -+1- 31,819 si
EXISTING LOT COVERAGE -
EXISTING BUILDING 1 FOOTPRINT 70,000 SF
EXISTING BUILDING 2 FOOTPRINT 5,000 sf
Totel ezisting Lot Coverage 15,000 sf
FLOORAREATHRESHOLD-50% maxor15,910SF
EXISTINGBUIL�ING'I FLOORAREA 9,850SF
EXISTING BUILDING 2 FLOORAREA 4,900 SF
Total existing FloorArea 14,750 sf
EXISTING BWID'G HEIGHTS - 24'-0"
OCGUPANTLOAD CALCULATIONS
CAFE/DINING A3 1,050 SF /15 LOAD FACTOR = 70
OFFICE B 1,620 SF /30 LOA� FACTOR = 5.4
BLDG 1-STORAGE S2 6,380 SF l300 LOAD FACTOR = 21.2
BLDG 2- STORAGE S-2 4.900 SF /3W LOAD FACTOR = 16.33
PARKING CALCS
EXISTING PARKING DEMAND = 25 SPACES
EXISTING PARKING = 18 SPACES (NON-CONFORMING)
PROPOSED USE PARKING DEMAND
824 COWAN RD 10,000 SF BLDG
Warehouse/Storage 6,380 sf / 1,000 sf = 6.38 parking spaces
Office Space 1,620 sf / 300sf = 5.4 spaces
Bathrooms 395 sf = .8 spaces
220 sf / 1000 = 22
175 sf / 300 = .58
Cafe/ Dining/Kitchen Area 1,455 sf f 300 = 4.85 spaces
Subtotal = 17.43 spaces
826 COWAN RD 5,000 SF BLDG
Warehouse/Packing 5,000 sf / 800 = 6.25 spaces
(includ'g toilet area)
Total Spaces Req'd. = 23.68 spaces = 24 parking spaces
�
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GENERALINFO
&
EXISTING &
PROPOSED
FLOOR PLANS
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SAN MATEO COUNTY
CITY HALL� 501 PRIMROSE ROAD
BURLINGAME,CALIFORNIA 94010
TEL� (4i5) 342-8931
. february 14, 1980
Mr. Gilbert Alcala �
Alcala Chevrolet � � � .
100 California Drive
Burlingame, CA. 94010
Dear Mr. Alcala:
We wish to advise that at their February 11, 1980 meeting the City Council sustained
your appeal of the Planning Commission's denial of a special permit to allow operation
of an auto service center with bod.y shop and related auto rental and leasing at 824-
826 Coa�an Road in the M-�1 District.
City Council approved your application with the fol7owing conditions:
1. that the permit be approved to Alcala Cfievrolet, and be nontransferable;
2. that the auto service center and auto leasing/rental office be operated in
a manner consistent with the January 18, 1980 letter from Mr. Alcala filed
. . � with the application;
3. that on-site employment be limited to 20 employees;
4. that Alcala Chevrolet encourage its Cowan Road employees to park on-site,
. rather than on-street;
5. that on-site parking (including 13 spaces within the existing buildings)
be consistent with the site pian (revised 1/18/80) filed with this
application;
. 6. that.4 on-site parking spaces be marked for guest parking (one bf which
should be to handicapped dimensions);
7. that all alterations to this property be done with a build�ng permit, and
be consistent with the requirer,�ents identified in the January 17, 1980 -
-memo from the Chief Fire Inspector and the January 14, 198� memo from the
Chief Building Inspector;
, .
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Mr. Gilbert Alcala �
Alcala Chevrolet -2- - February 14, 1980
8. that the special permit be subject to review and possible amendment in
one year; .
9. that a barricade be erected between this property and the property at
1849 i3ayshore Highway; and
� 10. that a landscaping and irrigation plan be submitted for the City's review
and approval.
Sincerely,
� J��. �-�-
John R. Yo t
JRY/s � � City P1 r
cc: Cyrus J. McMillan, Esq. �
1450 Chapin Avenue . _ �
Burlingame, CA. 94010
Paul J. Gumbinger, A.I.A.
60 East Third Avenue '
San.Mateo, CA. 94401
ity Clerk . . � � .
Chief Building Inspector
License Collector .
Park Director . � �- �
� Assessor's Office, Redwood City
(Lots 3 and 4, B1ock 1,.East Millsdale Industrial Park No. 1;
APN 024-390-021) �
,
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MEMO T0: CITY MANAGER
FROM: CITY PLANNER
SUBJECT: SPECIAL PERMIT TO ALLOW ALCALA CHEVROLET TO OPERATE
AN AUTO SERVICE CENTER AT 824/826 COWAN ROAD
COUNCIL HEARING
February 11, 1980
This application by Alcala Chevrolet is to operate an auto service center with body
shop and naint shop in the two existing warehouses at 824-826 Cowan Road. There
will be approximately 16 employees, with service hours between 7:30 A.M. to 5:30 P.M.
Monday through Friday. In addition, a leasing and car rental service will operate
from 9:00 A.M. to 9:00 P.M. seven days ner week with a further 5 employees. The auto
body and paint shop will be.the 'production center' for the Alcala dealership at 100
California Drive, with customer drop-off and vehicle pick-up at the California Drive
location.
Copies of the application and proposed site plan (revised 1/18/80) were circulated to
the Director of Public Works, Chief Building Inspector and Fire Department. The
January 17, 1980 n�emo from the Chief Fire Inspector identifies a number of improvements
that will be required to this property; the January 14, 1980 memo from the Chief
Building Inspector lists the several code sections that will apply at the time a building
permit is requested by Alcala Chevrolet. �
During the Planning Commission's January 14 study meeting it was briefly noted that
Mr. Alcala's December 27, 1979 letter suggested that more employees would be located
on�this property than the modest on-site parking could comfortably accommodate. To
resolve this potential problem, a meeting was arranged between staff and Mr. Gumbinger,
the project architect, to consider changes to the original site plan and application.
By the January 28 Commission hearing four changes had been made: one, on-site parking
was increased from 20 spaces to 22-24 spaces; two, an additional 13 parking spaces
were reserved within the buildings; three, negotiations were successfully concluded
with Dollar Rent-A-Car for the use of 30+ spaces on their paved storage lot immediately
adjacent to this property; and four, the number of permanent employees to be based at
the Cowan Road service center was reduced from 26 to perhaps 19-21.
CURRENT
APPLICATION
Repair shop; pai:nt
and body shop
Auto leasing; rental
Ini ti al
# employees
8
4 -
12
# employees
after first
year
14-16
5
19-21
ORIGINAL
PROPOSAL . CHRNGE
# employees
21
5
26
-5 to -7
no change
-5 to -7
The amended site plan and parking layout was reviewed with the Traffic Engineer; he
advised that the majority of the proposed tandem spaces should�be discounted. The
site plan shows 30 parking spaces; 24 spaces is a more reasonable working number.
The 12 spaces shown along the entrance driveway are technically off-site (they're on
property owned by Dollar Rent-A-Car) but will be available informally on a day to-day
basis. The 13 spaces proposed within the building will be a useful net gain, if
-2-
properly marked and carefully managed. Given these changes, and the.23% reduction
in employees to be based at C_owan Road, the application details now seem to be in
better balance with the limitations of this site:
The Planning Commission's public hearing on this application was opened January 28.
Staff advised that in their oninion the proposed use of this pr.operty could now be
authorized, subject to review in perhaps a year, with no significant traffic or parking
problems.for either �lcala Chevrolet or the immediate neighbors: If approved, eight
permit conditions were recommended for consideration:
1. that the permit be approved to Alcala Chevrolet, and be nontransferable;
2. that the auto service center and auto leas.ing/rental office be operated in
a manner consistent with the January 18,.1980 letter from Mr. Alcala filed
with the application;
3. that on-site employment be limited to 20 employees;
4. that Alcala Chevrolet encourage its Cowan Road employees to park on-site,
rather than on-street;
5. that on-site parking (including 13 spaces within the existing buildings) be
consistent with the site plan (revised 1/18/80) filed with this application;
6. that 4 on-site parking spaces be marked for guest parking (one of which
should be to handicapped dimensions);
7. that all alterations to this property be done with a building permit, and be
consistent.with the requirements identified in the January 17, 1980 memo
from the Chief Fire Inspector and the January 14, 1980 memo from the Chief
B�i�ding Inspector; and
8. that the special permit be subject to review and possible amendment in one year.
During the Commission hearing two owners of adjacent property spoke in opposition,
expressing concerns about increased traffic and parking problems, body shop noise and
possible changes in the character of the area. At the conclusion of the discussion
the Commission questioned the desirability of this use at this location "in light of
past Council/Commission discussions and decision"; it was noted that this would be
the first auto service use established north of Bayshore Freeway*. A majority of the
Commission felt that the approval of this use would represent a"major policy" change,
and a motion was made therefore to deny the application; the motion to deny passed 5-1
(C. Sine dissenting, C. Cistulli absent).
Auto sales and services have been traditionally located on California Drive, between
Burlingame Avenue and Peninsula Avenue. Growing dealerships and a shortage of land
in this area have prompted a number of applications in recent years for permits on
Rollins Road (Mike Harvey Oldsmobile, Neufeld Porsche-Audi, Rector Cadillac, Autohaus
Burlingame, etc.) and Carolan Avenue. The East Millsdale area has no major auto
service centers at present. Car rental agencies (rather than repair services) prefer
this bayfront area, with its proximity to the airport and Burlingame's major hotels.
-3-
The central issue raised by Mr. Alcala's.appeal is whether his proposed use of
824/826 Cowan Road represents a permanent, adverse change to the character of this
area. If it is found that the proposed service center can be a good neighbor, and
will not represent a significant change to this section of the M-1 District, then the
appeal can be sustained and the special permit,approved.
JRY/s
2/6/80
J �. �-'
John R. .Yos
Cit_v Plann r
cc: Mr. Gilbert Alcala
Paul J. Gumbinger, AIA
Cyrus J. McMillan, Esq.
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December 27, 1979
Members of the Planning Commission
City of Burlingame
Burlingame, Ca 94010
Dear Commission Members::;�
I respectfully request the Planning Commissi
of 824-826 Cowan Road as support�facilities
The intended use is for Auto Body F� Paint
and Auto Leasing and Rental, These are �
California Drive. ,�'
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:o .approve the use
Alcala Chevrolete
, Auto Repa.ir, Parts
tly done at 100
We have had a tremendous increase ixt'total sales, and our current
facilities are restri.cting our gx6wth in additional sa.les and
revenue. We also need the addit�onal facilities to better serve
the Community with their trans�flrtation needs,
Chevrolet Motor Division is�fasking that we increase our n�mbe.r o�
service stalls,:parts,and�,�l'�ease rental facilities to meet Cheuralet's
requirements for building'and park'irig as per planning potential.
We have not been able�to find available property in aur immediate�area
and have even offere� to buy a Body business. We have located suitable
property in San Ma��°eo, Millbrae and Foster City.; but, we prefer to do
our business in �t�rlingame and support this City wi�h our tax revenue.
We considered��uilding additional service facilities on our present
location but,�we would lose valuable storage and customer parkinge
�
The propex`�ty at 824-826 Cowan Road is ideal for handling our •incxease
in busi�ess and keep the revenue in Burlingame.
I hayre submitted with this application drawings detailing the property
.
usa�e.
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c�r. a� �ua��
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100 CALIFORNIA DRIVE, BURLINGAME, CAI�IFORNIA 94010 (415) 344-7611
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The following is a detailed description of the proposed usesF
Building "A" (824 Cowan Road)
1. Automotive.Body � Paint Shop (cars and trucks) �"`
Area: 6180 sq, ft. (shop) ;,��
Number of employees: 15 ��
Customers: None •`�
Hours of operation: 7:30 AM - 5:30 PM Monc��y thru Friday
This Auto Body � Paint Shop will be used as,,,r�he production center
for the A1ca1a Chevrolet Dealership. The �ars will be received a�
100 California Drive and transported by �s to 824 Cowan Road for the
repairs. Upon completion, the cars wi1�� be transported back to 100
Califorriia Drive- to be picked up by �he customer.
We will be able to greatly increas,� our Body Shop and Parts sales by
having this support facility doii,tg the production work, and relieving
the main faci.lity of much conge,,�tion. This move also enables the mechanical
repair department �o assume tl�e present Body Shop area at lOQ
California Drive and increas� theix sales and service ta the community.
2. Parts Warehouse
Area: 2,825 sq. ft
Number of employe : 2� .
Customers: NoneE; no retail sales
Hours of operat�ion: 7:30 AM - 5;30 PM Monday thru Friday
The Parts Wareh �Zse will be used to store bulky body panels and other
related parts�cessary for the body repairs done there, We currently
cannot stock�,� oods or many bulky body parts at our main facility
��,::��because of �ctiur limited roam.
3, Automot�ive Leasing (cars and trucks)
Ar�'a: 754 sq. ft. �
I�umber of employees; 4
�``Customers: 8 per day ' �
,�� Hours of operation: 9:00 AM -�:OQ PM all week
The function of this office will be auto and truck 1eas.ing since,our
office space is limited at l00 California Drivee It will not be
necessary to have an inventory of cars at 824 Cowan Road, The inven-
tory will be stored at 100 California Drive, 112 Myrtle and 925
Bayswater.
100 CALIFORNIA DRIVE, BURLINGAME, CALIFORNIA 94010 (415) 344-7611
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- 3-
Building "B" (826 Cowan Road)
l. Automotive Reapir ( cars and trucks) },�"
Area: 3036 sq, ft. ;'�
Number of employees: 3 �`
Customers: None �'± �
Hours of operation: 7:30'AM - 5:30 PM Monday'thru Friday
The shop area of building 'B" wil,l be for li�.lit auto and truck
repair, including the installation of radio�`, air conditioning
units and other accessories. These repai�,s wi11 be mostly on
units sold by Alcala Chevrolet and done .�t this support location,
because'of'limited sta11 area:�. at 100 Cr�.lifornia Drive;
2. ,Par.ts Warehouse ,�`
Area : 1736 sq. ft . ,�'r
Number.of employ.ees.: 1 � •
Customers; None, no retail s�les
Hours of operation: 7:30 AM'�- 5:30 PM Monday thru Friday
The parts warehouse..in builcJing "B" will be used to store radios,
air conditioning components"Fand other related parts necessary
for the mechanical work �b be done in building "B".
3. Automotive Rental_(ca�s and trucks)
Area: 120 sq, ft ;�'
Number of employ�es: 1
Customers: 8 per,day
Hours of oper.a''tion: 9:00 AM 0 9:00 PM all week
The Auto andf°`Truck rental office will be i:n building "B°t and will
rent cars and trucks to our customers who are having their autos
or trucks*�repaired at 824-826 Cowan Road. We will also rent to
others �rho require temporary transportation. The rental cars and
trucks=�will be stored at 100 California Drive or our storage lo�s
at 11'� Myrtle or 925 Ba'yswater. The.units will be shuttled back
andr��forth as necessary.
All,>use of facilities will be in�'=full cooperation with the city's
�ui'�de lines . �..•.
;�'It is our intention to continue to grow ta better serve the needs,o£
the Community and to add sales and tax revenue fo� the Ci�y of
Burlingame.
100 CALIFORNIA DRIVE, BURLINGAME, CALIFORNIA 94010 (415) 344-7611
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I pledge my u�most cooperation to the �ity in the prop�`r business
use of the building and property. ��
Very truly yours,
ALCALA CHEVROLET
�� ����
Gilbert Alcala
President '
GA:gb
Attch:
,
100 CALIFORNIA DRIVE, BURLINGAME, CALIFORNIA 94010 (415) 344-7611
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January 18, 1980
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ClYY Q�' �!,lRLIN��
Pi,AP1�4l�Cs �
Members o� the �lanning Commi�sion
City o� Buxlin�ame
BurlingaTne, Ca. 9401Q
Dear Commission Members:
In regards to the: Spec,ial �ermit �ox 824-826 Cowan Road,
I wish to su�.ia��t the �'ollowin� additi.pna]. infoxma,tion;
BUILDING -"A"(824 Cowan Road�
1. Automotive Body and Pa.int �ho�
This �acility w�ll emplo�� 7�ersons initially.
Additional em�lo�ees will be added oz deleted
as the volu�e o� the work dictates. �t is
anticipated that there wi:ll be a tqtal o,�
12 to 14 persons a�'ter �ne. yeax'.
The body sho� naanagex' � o��ice wi17, re�ia,�n .at
10� Cali,�oxn,�a Drive tpgeth.ex With 3 to 4 bodX
and paint shq� ezn�loyees �ox li�ht dut� xe�airs.
Work estiznates. as well �,s transactions with
insurance com�anies and custpz�,ers will also arez�a�n
at 100 California Drive. .
An example o�' a tX�ical bod� shop txansaction would
be one in whiclz the custornex brin�s his vehicle
to 100 Cali�oxnia Drive for repairs. A xepair ordex
is written and the vehicle is d,riven ox towed by
our e�ployee to 824 Cowan Road.. The unit w�.11 be
�a,rked inside the building in the axe� so designated.
U�on com�letion o� the xepa,ixs, �he unit will be
immediately retua"ned to lOQ Califoxnia brive for
pick up by the customex: �
100 CALIFORNIA DRIVE, BURLINGAME, CALIFORNIA 94010 (415) 344-7611
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Members o� the �lanning Commission
January 18, 1980
Page 2 �
The Cowan Road locat�.on will be �or production.
The only traf�ic genexated will be .-b� our employees
to and from work and perhaps 3 or 4 transfers of
jobs per day. There wi11 be no customer traffic to
824 Cowan Road �or body and paint repairs.
2. Parts Warehouse
Bulky body panels wi11 be stored in Building "Z�".
This activity will not require a parts employee
at 824 Cowan Road. The parts wi11 be delivered
to 100 California Drive by common carrier from the
GA'i Parts Division. Selected parts wi11 be transfered
to 824 Cowan Road by light duty truck on a weekly
basis.
No vehicle parking is required for the parts ware-
house, only an accessible drivewaX �or delivery.
This parts w�rehouse �or body parts is necessary
because of the limited storage space at 100 Califoxnia
Drive.
3. Automotive Leasinc�
Our leasing company will e�ploy 3 sales persons a,nitially
with a total o� 4 employees after one year, again de-
pending on volume of sales.
Most o� our leasing is done by telephone or bX visiting
the client's o�fice. No inventory is xequired at th�s
location.
100 CALIFORNIA DRIVE, BURLINGAME, CALIFORNIA 94010 (415) 344-7611
.�. i4$' J1i..;i�{J�`+.F
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� I.
Members of the Planning Commission
January 18, 1980
Page 3
An example of a typical leasing transaction would
be as follows: A client who has been contacted by
telephone and visits to his office has selected a
Mercedes-Benz Sedan, he may have visited the Mercedes
dealership to make his selection. The leasing company
purchases the car and delivers it to the client at
his office. The documents, which are prepared in
advance, a�e signed at the time of delivery. The
client does not have to come to the leasing office
at all.
The leasing company will require parking for 3 employees,
who will be in and out of the office c,��iling on customers.
There will be virtually no traffic by clients to our
leasing offices.
Leasing office space is necessary because of insufficient
office space at 100 California Drive. At this time, 2
or 3 sales persons are sharing one office which is an
impossible situation.
BUILDING "B"
l. Automotive Repair
Initially, we will employ 1 person in Building "B" for
light automotive and truck repairs such as radio and
air conditioning installation. These repairs will
originate from 100 California Drive and the units will
be transported back and forth by our employees. It is
anticipated that there will be 3 to 5 trips daily.
After one year, a second employee may be added, again
depending on the volume of business.
There:will be no customers at 826 Cowan Road for auto
repairs. Indoor parking will be provided for cars
awaiting repair and/or rental units.
100 CALIFORNIA DRIVE, BURLINGAME, CALIFORNIA 94010 (415) 344-7611
�
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�I
Members of the Planning Co�mission
January 18, 1980
Page 4
2. Parts Warehouse
A parts warehouse will be provided for auto repair
parts. The operation of the parts warehouse will
be the same as described for bo.dy parts and there
will be no need for a parts employee.
3. Automotive Rental
We presently rent vehicles from 100 California Drive
and intend to also rent units to our customers and
to the general public fro� 826 Cowan Road. The
rental �acility will employee 1 person.
Currently, we are experiencing 95o utilization of
oux vehicles so there i.s little requirement for
storage. A unit usually returns from rental and is
cleaned and rented again immediately. We will have
cleaninc� and maintenance facilities inside Building
"B" for the rental units.
The customers will be shuttled to the location which
has the unit and ic.ented from that facility. Ther�
wi,ll be a balancing of inventories so as not to
overload one location.
SUMMARX
There will be 12 employees initially and perhaps 21 em�loyee�
after one year .
100 CALIFORNIA DRIVE, BURLINGAME, CALIFORNIA 94010 (415) 344-7611
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Members o� the Planning Coz�miss�ion
January 18, 1980
Page 5
There w�,ll be virtually na customers driving vehicles
to either 824 ox 826 Cowan Road and there�ore, very
little need �or customex park�,ng.
�Te �eel that we have moxe than adequate parking at the
Cowan Road location as shown on the revised site plan
fo,r our o�eration as planned:
Tn addition to the �a�rkin� �ndicated, we also have a
commit�ent �roz� Dollar Rent--A-Car to sub lease a
minirrtum o� 30 stalls on their'lot to the west should
it become necessarX to do so.
We trust tha,t the coz�mis�ion will look favorably upon
oux xequest and we a�ain pledge our �ull cooperation
ta the CitX,
�,espect�ully sub�itted,
� ��
Gil ert Alcala
Pxesident
GAc�g
attachznent: 1Q co�ies o£ xevised s�.te plan
100 CALIFORNIA DRIVE, BURLINGAME, CALIFORNIA 94010 (415) 344-7611
_ _ _ __--------------__.�_------- ;,
. � .
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� �' �������'� "�� DOLI.AR RENT A CAR�OFSAN FRAfVCI5CO3 INC. ' � . . ' � r�;.
� �� �f� �" � t 875 OLD BAYSHORE HWY., BURLINGAME, CA. 940f 0 � (475) 697-5780 � � � � �,
��d� �Ab�����; t `
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i LEASE AGREEDiENT �;;,;
) _ _ � :,:�;
: �,
� � Dollar Rent A Car of San Francisca does herewith �'�"'�
� lease to Alcala Chevrolet Company, thirty (30) �-;`;'
vehicle spaces to be located on the northwest ��
portion of the property located in the 800 Block ' ����
. of Cowan Road, Burlingame, California. -, �
��
� Alcala Chevrolet Company agrees to pay to Dol.lar �t;
Rent A Car, $?50.00 per month for the thirty vehicle
.. spaces. Such payment to be paid in advance and =
� directed to Dollar Rent A Car, 1815 Old Bayshore '�:-.
� Highway, Burlingame, California 94010. . `�'
. .;�
,:;;,
. Alcala Chevrolet Company shall hold Dollar Rent ' �
A Car harmless for any and all�damages, thefts or "�;;
�, losses resulting from the parking and storage of '
„r
vehicles at the above described location. Alcala
Chevrolet Company shall furnish Dollar Rent A Car � � 5'
� a certificate of insurance naming Dollar Rent A Car �;�;,�;
of San Francisco, Inc., as an additional insurred '
for property liability insurance.: �}��
�' �
This agreement sYiall become effective.February 1, 1980 � �„,
and shall continue month to month. Cancellation may �
be made by either party with thirty days written �i;
notice. � `,
- ;�r
. �,�
� ";�
. ACCEPTED: ACCEPTED: Eyh
¢�,
�;�
ALCALA CHEVROL CO. ` Dollar Rent A Car of � - :��•�s'
.. San Francisco, Inc. �'
. �;
� By : By : -�.�,.,. ;=,..�,.-.f.- �"%,.�...�.�.�:� �
. • _' Title : G� ;...l�r ,�r, � �{ y
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Date : � / ' �- 5 - � � - Date : �.�r�� �� / ���
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MEMORAN DUM ��'� � 1� 1980
�IfiY �� �URl:IN�{!�
FLAN .N_!K� ��
T0: John Yost, City Planner
FROM: Larry Newell, Chief Fire Inspector
SUBJECT: Alcala Body Shop, 824-826 Cowan Road
January 17, 1980
This proposal shows two buildings, 824 and 826 Cowan Road.. on the same
property. I will discuss these separately.
1- 824 Cowan Road: This is a 10,000 square foot, Type IZZ N building. The
proposal shows 6,180 square feet as auto body and paint shop which is an
H-4 Occupancy; the remaining body shop office, auto leasing offices, parts
warehouse and restrooms are all B�2 Occupancies.
The Building Code will only a11ow an H-4 Occupancy to be 5,600 square feet
in a Type III N building; therefore, either a four hour fire resistive area
separation wall will have to be constructed at the 5,600 square foot line
or, as an alternative, the building could be provided with an approved auto-
matic fire sprinkler system which a1lows the basic allowable area to be
tripled. Only a one hour occupancy separation wall would have to be provided
between the H-4 and the B-2 occupancies.
In addition, a paint spray booth would be required to be installed for the
paint spraying operation.
2- 826 Cowan Road: This is a 5,000 square foot, Type III N building. The
proposal shows 3,036 square feet as auto repair which is an H-4 occupancy.
The remainder as parts warehouse, auto rental and rest rooms are all B,2
Occupancies. This falls within the 5,600 square foot limitation; therefore,
only a one hour occupancy separation wall will have to be provided between
the H-4 and the 6-2 Occupancies.
Permits will have to be obtained from the Bureau of Fire Prevention for
operating an automobile repair garage, paint spraying and storage of flam-
mable liquids. Also, appropriate fire extinguishers will have to be provided
and installed.
L. J.. N.
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INTER-OFFICE MEMIO
To: John Yost
Planning Department
City of Burlingame
CITY OF BiJRLiNGAME
PLANNING OEPT.
January 14, 1980
Subject; Special use permit for Acala Chevrolet
824-826 Cowan Rd, to opera�Ee an auto
service center with body and paint
shop, car leasing and renta1.
Should the special use permit be granted the fol1owing conditions�would
have to be met:
1. Required occupancy�seperation�walls required between�H-2,
H-4 and B-2 occupanc��es.
2, Fire�resistance of exterior'walls 4-hours less than 5 feet
2-hour less than 10 feet to property line,
3. Openings in.exterior�walls not�permitted less than 5 feet
to property line, protected less than 20 feet.
4; Spray booth to meet the requirements�of the Fire Code.
5. Exit requirements to meet Chapter 33, 197G Uniform Building
Code.
� '
��e,
Pete Kriner�
Chief Building Inspector
PK/1 n
Burlin�ame Chamber of Cor�merce
306 Lorton Avenue • Burlingame, California 94010 • (415) 344-1735
OFFICERS
January 15, 19�0
����i�/��
PHESIDENT
John J. Hughes, Jr.
Burlingame Shell
FIRST VICE PRESIDENT
Peter Ebner
Rorke's
SECOND VICE PRESIDENT
Berry Hurley
Federal Auto Parts
SECRETARY
Joe Harvey
W.O. Nicoiaides & Son, Inc.
TREASURER
Loretta Pandolfi
Town House Beauiy Salon
IMMEDIATE PAST PRESIDENT
Joan Chase
D & G Properties '
EXECUTIVE VICE PRESIDENT
Ray Kliewer �
Cfiamber of Commerce
,.
DIRECTORS
Ben Bruce
A.V.R. Realty
David Carr
Carr, McClellan, Ingersoll
Thompson & Horn
Harold Cohn
Cohn and Lane, CPA's
Tom Constantino
Town & Country Realty
Ed Dresser
California Savings
Bernard Elissagaray
Bank of America
Dick Gates
Robert Gates Co.
Mike Harvey
Mike Harvey Oldsmobile
Roger Hawley
Boutique & V illager
Walter Kentzler
Walter G. E. Kentzler Jeweler
Richard Kerwin
Kerwin Galleries
David Keyston
Anza Parking Corp.
Richard Lavenstein
Lavenstein & Co.
Harry Lehrfeld
Reaitor
Ronald P. Lopes
Coen Company
Wayne Richter
Wells Fargo Bank
Frank Riley
R iley Communications Service
Arthur Samuel
Collins & Samuel Co.
Paul Steiner
Paul Steiner Associates
James Wehinger, D.C.
Chiropractor
Charlotte Johnson
Ho�orary Member
hir . John Yo s t
City Planning Director
S01 Primrose Road
Burlingame, CA 94010
�ear Director Yost:
�ar� i � �9ao
CtTY Q� BURLINGAME
r�A1dNING DEPT.
As one of my 1 as t ac ts , I would 1. ike to go on
record �.s to the reliability of �Mr. Gil A�1ca1a
and to the business he heads, Alcala Cheyrolet.
Tn support of the intended exp�nsion of his business
with an additional location in the industrial
area, I sincerely hope the Commission members
will take action favorable to Mr. Alcala.
aome time ago I was asked to do a background
check on Mr. Alcala, and i found him fio be a
gentleman, a self-motivator, enjoys the �.utomobile
business he is in and he is very much a community
minded person. As the Manager of the Burlingame
Chamber of Commerce I can tell you it was a pleasure
to welcome him to this beautiful City.
I also hope that in making the final decision that
you keep in mind the hard-pressed situation all
of our auto dealers are in with wishing to expand
their respective businesses. The space virtually
is not there for them to do this, and records
verify the assets that these c�.r dealers are to
the City of Burlingame.
Cordially,
Ray Kli er
Executive Vice President
Burlingame Chamber of Commerce
RK:sd
cc
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Planning Corr�nission Minutes - January 28, 1980
MEETING ITEMS FOR ACiION �
1, SP�ECIAL P.ERP�IIT TO OPERATE AN AUTO SERVICE CENTER WITH BODY SHOP AND RELATED AUTO
RENTAL AND LEASI�IG AT 824-826 COWAh ROAD IN THE M-1 DISTRICT, BY ALCALA CHEVROLET
CP Yasi; reviewed this application �o aperate an auto s�rvice center in the two existing
warehouses at 824-826 Cowan Road. R�ference staff rep�ort dated 1/24/80; Project
Assessment revised 1/24/80; site plan revised 1J18J80; aerial phoi:ograph of the site;
January 18, 1980 letter from Gilbert Alcala, president of Alcala Chevrolet; January 17,
1980 memo from the Chief Fire Inspector; January 14, 1980 memo from the Chief Building
Inspector; January 15, 1980 �letter in support from the Executive Vice President of
the Burlingame Chamber o-F Con�merce. Also reference ex�cuted Lease Agreement (copy
received this evening ) bettiveer� Alcala ChevroTet Company and Dollar Rent-A-Car of
San Francisco, Inc. covering 30 vehic]e parking spaces.
Paul J. Gumbinger, architect for the project and Gilbert Alcala, president of Alcala
Chevrolet �Nere present. Mr. Gumbir�ger explained the proposed oper,ation at this new
site and advised that an auton�atic fire sprinkler system would be ins�;alled to m�et
the conditions of the Chief Fire Inspector. Chm. Jacabs apened the public hearing.
There were no commen�ts in favor.
C. Michael Hogan, presid�nt, Earth Mefi:rics Incorporated, 859 Cowan Road spoke in
opposition. He determined from the CP that the Agreement for parking spaces with
Dollar Rent-A-Car was a month-to-month arrangerr�nt. He felt the East Millsdale
development vras an exempiary.form of land planning and requested that the City continue
this high quality airpor�t related development, r•etaining the aesthe�ics of the area.
Other concerns: on-si;reet parking; noise; that introduction of this business might
infiluence tenants of his building to n�av�. Er.ic de Reynier, owner of 819-845 Cowan
Road objected to the proposed use in this quiet o�Ffice area. There were no fiurther
audience comments and the hearing was closed. � . �
Discussion included: the proposed parking and code requirements; the noise factor
involved and possible mitigation measures. Gilbert Alcala responded to some of the
concerns, noting his business would be airport related and a support to the area;
some of the body work would be for car rental agencies; the workin� bays would be
located in the middle of the two buildings; that his company had several other sites
for storage of vehicles and thus storage could be balanced. The applicants advised
that the majority of the body repair work would be moved to Cowan Road and that cars
being brought there would�be stored inside the buildings. Mr. Alcala a1sa discussed
his attempts to find property elsewhere and noted several companies doing some type
of repair work in this area at nresent. (Commission pointe.d out that most of the
cases cited were ancillary services to the primary business.)
Commission concerns: increased traffic; the noise factor; the desirability of this
use at this location in light af past Council/Commission discussions and decisions.
One Corr�nissioner expressed his approval of the move and objected �o limiting�ihe
number of personnel for this projeci to the available parking.
C. Taylor commented that he could not,�at this time, support a major policy decision
on-the praposed use. He, i:herefore, moved to de�y this application. Second C. Mink;
motion ta deny approved 5-1 on roll call vote, C. Sine disseni.ing. Appeal procedures
were advised. . � '
'�;s: .i
, .. - �. -
P.C. 1/28/80
Item No. 1
MEMO T0: PLAPdNING COMMISSION
FROM: CITY PLANNER
SUBJECT: SPECIAL PERMIT TO ALLOW ALCALA CHEVROLET TO OPERATE
AN AUTO SERUICE CEPJTER AT 824/826 COWAN ROAD
This application by Alcala Chevrolet.is described by the attached Project Assessment
and Gilbert Alcala's January 18, 1980 letter to the Commission. The proposed auto
service use of the two older office/warehouse buildings at 824/826 Cowan Road will
allow the existing dealership at 100 California Drive to be operated more efficiently.
Customer visits to the Cowan Road shops will be discouraged; most customers will
continue to drop off and pick up their vehicles from the California Drive offices.
If approved, this will be the first major auto service use established north of Bayshore
Freeway .
Copies of the application and proposed site plan (revised 1/18/80) have been circulated
to the Director of Public Works, Chief Building Inspector and Fire Department. The
January 17, 1980 memo from the Chief Fire Inspector identifies a number of improvements
that will be required to this property; the January 14, 1980 memo from the Chief Building
Inspector lists the several code sections that will apply at the time a building permit
is requested by Alcala Chevrolet. �
During the Commission's January 14 study meeting it was briefly noted that Mr. Alcala's
December 27, 1979 letter suggested that more employees would be located on this
property than the modest on-site parking could comfortably accommodate. Staff advised
that a meeting had been arranged with Mr. Gumbinger, the project architect, to discuss
possible changes to the original site plan and application. Four changes are now
proposed: one�, on-site parking has been increased from 20 spaces to 22-24 spaces;
two, an additional 13 parking spaces have been reserved within the buildings; three,
negotiations have been opened with Dollar Rent-A-Car for the possible use of 30+
spaces on their paved storage lot immediately adjacent to this property; and four,
the number of permanent employees to be based at the Cowan Road service center has
been r�duced from 26 to perhaps 19-21. .
CURRENT
APPLICATION
Initial
# employees
Repair shop; paint
and body shop
Auto leasing; rental
:,
4
12
# employees
after first
year
14-16
5
19-21
ORIGINAL
PROPOSAL
# employees
21
5
26
CHANGE
-5 to -7
no change
-5 to -7
��Auto sales and services have been traditionally located on California Drive, between
Burlingame Avenue and Peninsula Avenue. Growing dealerships and a shortage of land
in this area have prompted a number of applications in recent years for permits on
Rollins Road (Mike Harvey Oldsmobile, Neufeld Porsche-Audi, Rector Cadillac, Autohaus
Burlingame, etc.) and Carolan Avenue. The East Millsdale area has no major auto
service centers at present. Car rental agencies (rather than rep.air services) prefer
this bayfront area, with its proximity to the airport and Burlingame's major hotels.
�., a
—2—
The amended parking layout has been reviewed with the Traffic Engineer; he advises
that the majority of the proposed tandem spaces should be discounted. The site
plan shows 30 parking spaces; 24 spaces is a more reasonable working number. The
12 spaces shown along the entrance driveway are technically off-site (they're on
property owned by Dollar Rent-A-Car) but will be available informally on a day-to-day
basis. The 13 spaces proposed within the building will be a useful net gain, if
properly marked and carefully managed. Given these.changes, and the 23% reduction
in employees to be based at Cowan Road, the application details now seem to be in
better balance with the limitations of this site.
In staff.'s opinion the proposed use.of this property could now be authorized, subject
to review in perhaps a year, with no significant traffic or parking problems for
either Alcala Chevrolet or the immediate neighbors.
One major concern still remains with this pr.oject. The proposed establishment of a
major auto ser.vice center north of Bayshore Freeway will be an important change from
past policies. Mr. Alcala's needs for additional space are clearly presented and
deserve sympathetic consideration; project details are now consistent with site
limitations. However, the central.question raised by this application (whether this
�ype of business, even as a support location for the California Drive headquarters,
should be in troduced into the bayfront area) is a policy question to be determined
by the Commission. There is therefore no staff recommendation on this project.
If the application.is.approved; the following permit conditions are recommended for
Commission consideration at the January 28 public hearing:
l. that the permit be approved:to Alcala Chevrolet, and be non-transferable;
2. that the auto service center and auto leasing/rental office be operated in
a manner consistent with the January 18, 1980 letter from Mr. Alcala filed
with the application;
3, that on-site employment be.limited to 20 employees;
4. that Alcala.Chevrolet encourage its�Cowan Road employees to park on-site,
rather than on-street; �
5. that on-site parking (including 13 spaces within the existing buildings) be
consistent with the site plan (revised 1/18/80) filed with this application;
6. that 4 on-site parking spaces be marked.for guest parking (one of which
should be to handicapped dimensions);
7. that all alterations to this property be done with a building permit, and be
consistent with the requirements identified in the January 17, 1980 memo
from the Chief Fire Inspector and the January 14, 1980 memo from the Chief
Building Inspector; and
8. that the soecial permit be subject to review and possible amendment in one year.
J
�„�� �'
JRY/s John R. Yos
1/24/80 City Pla r
cc: Mr. Gilbert Alcala
Paul J. Gumbinger, AIA
W� �y,: 1r...�. ��W4+��.� ■ �����tl��.��
1/10/80
date
i prepared
1/24/80
da te
revised '
(� CITY .
�t�i'��7> 4' F p't' .
:��_�:� 824-826 COWAN ROAD •
E3URLIIVGAME
'-�� "'y" " project address
,;....._�',
�q4i��=" �\ __ Gl 90� A1 cal a Chevrol et
'"^T`°°"^"°• pro�ect name - if any
1. APPLICANT Alcala Chevrolet; Mr. Gilbert Alcala 344-7611
j • name telephone no.
' 100 California Drive, Burlingame; CA. 94010
applicant's address: street, city, zip code
• � Paul J. Gumbinger, Architect 347-3089
- � contact person, if different 600 E. 3rd V2., telephone no.
' � 2. TYPE OF APPLICATION AND San Mateo, CA. 94401)
� PROJECT DESCRIPTION SPECIAL PERMIT to operate an auto service center
with body shop and paint shop in the two existing warehouses at 824-826 Cowan Road; there
. wi1:7�be approx. 16 employees, wi�h service hours between 7:30 AM to 5:30 PM Monday through
Friday. In addition, a leasing and car rental service wi operate rom : o:0�6-Flol
seven days per week with a further 5 employees. The auto body and paint shop will be the
'produEtion center' for the Alcala dealership at 100 California Drive, with customer drop-off.
Ref. code section(s): ( 25.42.030 ) (
3. PROPERTY IDENTIFICATION
• curbs; all structures and improvements;
. paved on-site parking; landscaping.
Floor plans of all buildings showing: gross floor area
� by type of use* on each floor plan.
Building elevations, cross sections (if relevant).
Site cross section(s) (if relevant).
( 024-390-021 ) ( 3 & 4 ) ( 1 ) (E.Millsdale Industrial Park
APN lot no. block no. subdivision name No. 1)
. ( "M-1 ) ( 31,819 SF )
zoning district land area, square feet
E ric COWdn (yes) X. (no) (yes) X (no)
land owner s name proof of ownership owners consent to
P.O.Box 435, Grass Valley, filed apnlication filed
4. PROPERTY: PHYSICAL CONDITIONS CA.95945
Required Date received ,
(yes) ��5� {12/28/79 ) Site plan showing: property lines; public sidewalks and
(Yes) ��o� (12/28/79 )
(3���) (no) ( -- )
i3�e�) (no) ( -- )
(other) ( )
5. PROJECT PROPOSAL
Front setback
Side setback
• Side yard
Rear yard
Lot coverage
Building height
Landscaped area
� On-site pkg.spaces
*There will be 22..code�standard-
additional 10-12 cars can be pG
drivew�y; a further 30 parking
840 Cowan Road.-- �
; Praject Code
Proposal Requirement
and vehicle pi�
� the California Drive
� location.
7�:30-
5:30 '�
Full time employees on site 26
�,�o Part time employees on site _
, e 1 Visitors/customers (weekday) 16
,�'� ,� � ea Visitors/customers (Sat.Sun. 16
__� pQ ^ Residents on property p
�'�` e � Trip ends to/from site . 150±
---�
� � Peak hour trip ends. 30�
Y 22* 2p Trucks/service vehicles 1-2
I�aces ,- pl s 2 conven ent-.tandem spaces on si te-; an
�ked=just. ve.r_ the pr�perty_line adjacent to t e entr
paces cou�d be suble�sed on the Dollar R�nt-A Car�lo
after
5 PM
5
0
20±
- - 5+--
1-2
ce
at�
, * Land use classifications are: residential (�f dwelling units); office use; retail sales;
restaurant/cafe; manufacturing/repair shop; war,ehousing; other (to be described).
�: ' -�. e, 6.
".� .
,. ..
An air photo will
be provi ded ifor
the publ ic '
hearing.
0
0
ADJACENT BUSINESSES/LAND USES
Required Date received
{yes) ��) ( 12/28/79 ) .
���) (no) ( -- )
Alcala Chevrolet will
be the sole tenant on
this property.
Location plan of adjacent properties/written description
of adjacent land uses.
Other tenants/firms on property:
no. firms ( ) no. employees ( ) ,
floor area occupied ( SF office space)
. ( SF other)
no. employee vehicles regularly on site ( )
no..company vehicles at this location ( )
7. STAFF REVIEW .
�' Project proposal/plans have been circulated for review by:
� date circulated reply received
City Engineer ( 1/10/80 ) (y�S)� _(�_
Building Inspector ( 1/10/80 ) (ye5)' �o-�
Fire Inspector ( 1/10/80 . ) �y�s��'` ��
Police Department ( - - ) (yeS) (no)
City Attorney ( __ ) (yes) (no)
memo attached
_(�� (no)verbal
reply only
(yes ) ��o�
�YeS ) ��� �
(yes) (no)
(yes) (no) •
8. CEQA REQUIREMENTS � '
.Is project subject to CEQA review? (yes) ��s�
Has a Neaative Declaration been prepared and signed? •(ye�)��is� File No: ND- 22 6 P.
date signed ( 1/17/80 )
Is an EIR required? (3��) (no) When will the RFP be ci-rculated? ( )
9. SUMMARY OF STAFF CONCERNS/POSSIBLE MITIGATION MEASURES
Increased traffic between'Cowan Request review and comment.by Traffic
, Road and California Drive, as -' Engineer. ,
vehicles are moved between the
two locations.� �
Noise from equipment such as air
compressors on adjacent offices.
Concerns ' Mitigation Measures
Will there be adequate on-site Review site plan and discuss with
parking for.both body shop app.licant. Require some on-site spaces
employees and the auto leasing/ be marked for customer parking?
rental agency customers?
Establishment of a large auto
repair shop with leasing and renta
services in the M-1 District.
Screening or soundproofing of noise- -
generating equipment or determine best
location for such equipment.
Review existing site conditions and
adjacent land uses.
10. APPLICATION STATUS
Date first received (12�2g��g) Accepted as complete (12�2g�7g) P.C. study ( 1/14/80)
Is application ready for a public hearing? {yes) (� Recommended date ( 1/28/8�
Date staff report mailed to applicant ( 1 5/80) Date Commission hearing ( 1�2 8� $�
Application approved ( �) Denied (� Appeal to Counci 'yes) (no)
Date Council hearing ( a-ii—gp ) Applica��proved ( Denied ( )
J � � 1/24/80
signed date
�XIIIBI'r I3 — NI;GATIVE DECL)1R11TION �-�� . f . �. ' .
� ' ' � � _ • . �
' Tentative Frvicedure � '� �
i.��YY v 5/10/73� Subject to Revision $2�-826 COWAN ROAD �.
� �� `-''�r���; '� ; � � � Pro3ect 1lddress or Location
.:� .� . . � � .
' BURLINGAtAE . . ' . . _ .
. \ . . . , � �. � ' ' �
*� �t li??' o• I .. ' • , _ . . _ • . • '
,"` , ,. . , . .
,
���1i[DJUw[� ' � . . � . . . . . � . �� ...., . , �. . � . . .
. - - � - . , , : , . File No. ND-226P
� Project Title: Alcal�a Chevrolet � • � '
. Type of Permit:� Spec.ial Permi.t to� operate an auto service center
�� Legal Descriptione Lot Nos. 3 and 4, Block 1, East�,Millsdale IndustriaT Park No. 1;
. . APN 024-390-021 ,
• � Zone: M-1
� Property Owner : • � •� Applicant : Gi l bert Al cal a far �
� � �� Name :� Eri c� Cowan � • Name : A1 cal a Chevrol et
� Address: Post Office Box 435 Address Z00 .California Drive �
� Grass Valley, CA. 95945 ' � Burli.ngame; CA. 94010
Contact Person: Paul J. �Gumbinqer Area Code: 415 Phone: 347-3089 �
PROJECT DESCRIPTION:. The auto service center will consist of a'body shop, paint shop,
. auto leasing and auto rental in two existing wareho�uses. There wi1T be ap.proximately 21
employees�on the site with service hours between 7:30 A.M. to 5:30 P.M. Monday through �riday.
The leasinq and car renta service wi operate. ays_a.wee etween .. _ o_ .w� „ a,
. �nevroiez aeaiersniN a� luu �ui��ur���a ur�ve. .
The City of Burlingame by ,10HN R_ YOST on January 17 . ,
., 1980. , completed a revieca of the proposed project and determined that:
: , (. ) It will. not have a significant effect on the environmen�.
� ( X) No Environmental Impact Report is required.
Reasons for a Gonclusion: No new construction is proposed by this application.
�, ' �' The increased traffic to and from'the site will not be significantly higher than an average
� light industrial use. On-site parking and maximum employees can be regulated by Special
Permit conditions. �
` ' JANUARY 17, 1980 ' �;,)� �, t�
Date Siqned . Slgna�ure of Pro essing Official
� • ' CITY P ANNER
� ... �- _ Title
, Un7ess appealed within l0 days hereof the date posted, the determination shaTl be final.
Date Posted: JANUARY 17, 1980
DECLARATION OF POSTING •
I declare under penalty of perjury that I am City Clerk of the City of Burlingame and that
I posted a true copy of the above Negative Declaration at the City Hall of said City near
the doors to the Council Chambers. �
r
Executed at Burlingame, California on ��,.�.� -�.� ' � , 19�
'Appealed: ( ..)Yes ( )No
. . � �.�f ,� � 7,1. 7,� ���
�EVE YN H. HILL, CITY CLERK
CITY OF QURLINGAME '
,' .i." - 4Y.� �y . .
K. - � � � L
I E�U�3LJRdGlAM�
�, . Date filed j2 a$
� E � � �,, ' '! �° Study meeting
� v
Espplication
City Council
a�T�� � � � � � �Public hearing
to the Planning Commission and p�� 2$�979 P,ction
of the City of Burlingame �� �p BURLINGAME
j PLAtVNING OEP_T,
1. APPLICANT i
A. Name �I�GAIiD�c ���%Y(�DI/FJ�: �,/�Ne �7�I/�i�°—���G'i�V�A �,IiSIP�?•IT
B. 1�ddress OD � NIA �11/�'/
City �Jl�l� �G-�ii✓j F/ Z ip �t Telephone 3 �� �
2. PROPERTY �� ��I�
A.
B.
1C .
D.
3.
4.
Address-�j7i�� �%7ii0 ��IJU� ��iac'D '
Legal Lots 3��p G� Block
Description: Subdivision �/ � ��$ p,
Assessor's parcel number (APN) �%i�'•�j�Q-D'jiI zone��
Existing land use and improvements Q�j�j�j�V����AfSFj-� EXIS'r� �tli�M%S
� '�,_f�YS '�i����l�N�tnt�.l n�'�+,a�.�Tf-ri.arJt.�P� � � - --
�
,
STEMS SUBMITTED WITH A'PPLICATION:
� Authorization by:property owner; if applicant is not owner, an
authorization must be signed by property owner declaring knowledge
of and agreement to this application.
' Title report showing proof of ownership (except far R-1 & R-2 property)
�� Environmental As�sessment Form and CEQA requirements.
� Site plan, drawn�to scale, showing all existing and proposed major
improvements, lo'cated by dimension.from property lines and adjacent
structures. Sidewalks and curbs (if any) on public right-of-way
. should also be s�hown. Include building elevations, if relevant:.
1� Letter of explanl�ation with statement about why aF�lication should be
�approv�d00 � �
Fee : ���X•for al�l zoning districts .
i
Receipt No.��,� o Received by
�. •
I hereby certify under penalty of perjury that the information given
herein is true and correct to the best of my knowledge and belief.
Signature - �'� � Date � � _ '�,.'�.� "��_
� � • • . � � . � �.��� � �.�
�1 / r u �i I _ � � '�� I /L[�. .r ► . �/ .' .: -� . =� � _.. .� :�..1
` � t� � � � ���� � �� �
�c�G�`�l�
������ � � ��� . DEC 2 8 i979
CtTY OF BURI.iNGAME
, . �I PLANMiN� OEPT.�
�pplication for a PlanningjDepartment
Determination on the Need for a Project EI�t .
E'orm E2, Revised July 1975;
I'entative, Subject to Revision �
� .
L . PROJECT
a. ' /. _ �
Name
� Description
� Type of Permit Required
2. APPLICANT ..
Name��(�
Ad�ress �Od
3. PROPERTY
Owner's Name
Owner's Address ,C7, �?
Legal LotS 3 �
�.
i.
i.
.
31
CONDITION3
B1ock � �
1?6P�-' 1llb. � ApN D��• 3�i0 ' O�)
� Zone -
PROPOSED PROJECT �jJ(�Q��� ���T (/4�'`� II�TC�t.t,�j _t�nZ O '1.�
_� Pktii.S� S�P /1iTCC0 �.�� �1'�� U��i/L�1�.t�� �CcT� l.�A���
.
/�,,�lrfit/ �' �-JI'�l�1,t�.1 TT�f�t`i Fi'�5� ? �f�! .
FEE : $25 . Receipt No . ��� o' Received by_ � o.c�-
-f�-�� S F0�'� I her�by certify under penalty of perjury that the
.� ,- inforniation given herein is tr,ue and correc�c to the
/�L Cr�� T! � L best of my knowledge and belief .
QL �d,X�i:f�7-�aN ,
, � . Signature • Date � � - '°Z-t -"� Q
, . i nt) �
; .
EVALUATTON BY CITY PLANNER No new constructi on � i s proposed by thi s appl icat i.on . The
increased traffic to and fr�om the site will not be significantly higher than an average
light industrial use. On-s'ite parking and maximum employees can be regulated by:Special
Permit conditions. ^ •
5ignature �J
�
�
Telephone ����� I
_Telephone
anner
Date Filed r� - � �'- 7 �
Recommendation
7
Date Posted
CEQA File No.
Str.►C� �
Date �anuary 17, 1980
Description: Subdivision�i�S'�'l/�1.1�M1,fi�(�fi�AL
, ... ." . �
; . .
�. ,
DETAILED !INFORMATION ABOUT PROPOSED PROJECT
8. IMPACT OF PROPOSED PROJECT
What are th� objectives of this project? �d G' �(�_��
I
�
• . • - . - • . - - • :�� :.YI� i '.�l..i
,r:� r _ 7� � ��._. " - � a�� .' 'c�..�.� • 1. .• ..r '' >:� �:_ - �c�.'
� � �
/.C. il �.� r� �lI .LJ�� �1c.! 1 . ...�l,i ���r rL_i;�,� � �, -
� .� ' i - -, '' " � i ► � . ; — � +
• - • - • •
� � � s � � '�.y;' I V►'
What are the adverse environmental effects which cannot be avoided if
the project is implemented?
-�1�.�`�1� � '
Whai mitigat�on measures are prop�s�d to xeduce these advPrse impacts?
� r /� i .
/ i
9. PROJECT DETAILS ,
A.
Present 1.and usesl, projec�-
Use 1 (describe, 'area SF)
Use 2 ( �� ', „ �� �
aroa•
B. Present land uses, areas adiacent to the r�r��ect_
C.
�
D. Effect on trees arad vegetation:
Effect on topograph and natural feature�s:
�� . . '`,: . �,
EX���
E. �e�ee� construction
. �-g� �
First Floor
�'����—&—�}aaue
F.
G.
i3 .
I.
(Gross floor area, GFA, in square feet, SF)
P?-�j'Go�tr� �� � l o,ocx� �. �T' .
BtiC;� C��r�.r � : s,oa� 5��1'
��� �S, ocz� ��'�'
Lot coverage (area) S � ��(o) G�7 � �
Floor Area Rat3.o (FAR) . �� � � � ,.
Building height �jD � f' , � �.
�i �S'r � � . � �
materials {� �,tT/�w
J. Estimated Flows in
gallons per day
Water consumption (gpd)
� Wastewater from .site (gpd)
�� K. Estimated people at site
Number of residents�
, �
Permanent employees
.. Visitors, customers, etc.
. to site
L.
M.
Estimated parking required
� Autos all day parking
Autos short term parking
Trucks.and service vehicles
Estimated vehicle movements
A.M. peak hour �
P.M. peak hour
Existing In 2 Years In 5 Years
�
� .
O
��i° �o S l�tt�
C�' i�X�A�i/�T� h"�A,fi�� .
'1 j('� '
to site 7�� from site
to site from site ; �O _
�
I V �//`� ° � �� �. 1 v v b t- �J G� /�'L�/ �'�1�i5/ � . `�O ;
'�'�l-uv <<J . �uM+�l►��'�
���t�� � - �� � � '
�o � `-r'� . ,
-� �c�� C,� �t4� I .
I - . -
�., . ._ �. _
MEMO.TO: PLAP�NING COMP�IISSION
Fa01�1: CITY PLANNER
SIiBJECT: SPECIAL PERMiT TO ALLOW ALCALA CHEVROLET TO OPERATE
AN AUTO S�RVICE CE�JTER AT 824/826 CQWAN RQAD �
This application by Alcala Chevrolet is described by the attached Project Assessment '�-
and Gilbert Alcala's January 18, 1980 letter to the Commission. The proposed auto
service use of the two alder office/warehouse buildings at 824/826 Cowan Road will
a17ow the.existing dealership at l00 California Drive to be operated more efficiently.
Customer visits ta the Cowan Road shoas will be discourag�d; most customers will
continue to drop off and pick up their vehicles from the California Urive offices.
If approved, this wi11 be the first major.auto service use established north of Bayshore
Freeway .
Copies of the application and proposed si.te plan (revised 1/18/80) have been circulated
to the Director of Public Works, Chief Building Inspector and Fire Depariment. The
January 17, 1980 nemo from the Chief Fire Inspector identifies a number of improvements
that will be required to this property; the January 14, 1980 memo from the Chief Building
Inspector lists the several code sections.that will apply at the time a building permit
is requested.by Alcala Chevrolet. � �
During the Corr�nission's January 14 study meeting it was briefly noted that Mr. Alcala's
December 27, 1979 letter suggested that more employees would be located on this
property than the modest on-site parking could comfortably accommodate. Staff advised
that a meeting had been arranged wi.th Mr. Gumbinger, the project architect, to discuss
possible changes to the original site plan and application. Four changes are now _
proposed: one�, on-site parking has been.increased from 20 spaces.to 22-24 spaces;
two, an additional 13 parking spaces have been reserved within the buildings; three,
negotiations have been opened with Dollar Rent-A-Car for the possible use of 30+
spaces on their paved storage lot immediately adjacent to this property; and four,
the number of permanen� employees to be based at the Cowan Road service center has
been reduced.from 26 to p�rhaps 19-21. .
CURRENT
APPLICRTION
Initial
# employees
Repair shop; paint
and body shop
Auto leasing; rental
8
4
12
# emnloyees
af�er first
year
14-Z6
5
19-21
ORIGINAL
PROPOSAL
# employees
21
5
26
CHANGE
-5 to -7
no change
-5 to -7
-�Auto.sales and services have been traditionally located on California Drive, between
Burlingame Avenue and Peninsula Avenue. Growing dealerships and a shortage of land
in this area have prompted a number of appiications in recent years for perm�ts on
Rollins Road (hiike Narvey Oldsmobile, Neufeld Porsche-Audi, Rector Cadillac, Autohaus
Burlingame, etc.) and Carolan Avenue. The East Millsdale area has no major auto
service centers at present. Car rental agencies (rather than repair services) prefer
this bayfront area, with its proximity to the airport and 6urlingame's major hotels..
P.C. 1/28/80
Item No. 1
.� �
-2 -
7he amended parking layout has been reviewed with the Traffic Engineer; he advises
that the majority of the proposed tandem spaces should be discounted. The site
plan shows 30 parlcing spaces; 24 spaces is a more reasonable vrorking number. The
12 spaces shown a7ong the entrance driveway are technicall�y off-site (they`re on
property owned by Dollar Rent-A-Car) but will be available informally on a day-to-day
basis. The 13 spaces proposed within the building will be a useful ne� gain, if
properly marked and carefully managed. Given these changes, and the 23% reduction
in employees to be based at Cowan Road, the application details now seem to be in
better balance with the limitations of this site.
�-
In staff's opinion.the proposed use of this property could now be authorized, subject
to review in perhaps a year, with no significant traffic or parking problems for
either Alcala Chevrolet�or the immediate neighbors.
One� major concern still remains wi�h this project. The proposed establishment of a
major auto ser.vice center north of Bayshore Freeway will be an important change from
past policies. Mr. Alca�a's needs for additional.space are.clearly presented and
deserve sympathetic consideration; project detai.ls are now consistent with site
limitations. H�wever, the central.question raised by this application (whether this
type of business, even as a support location for the Cali�'ornia Drive headquarters,
should be introduced into the bayfront area) is a policy ques�tion to be determined
by the Comrnission. There is therefore no staff.recommendation on this project.
If the application is approved,.the following permit conditions are recommended for
Corrrdnission consideration at the January 28 public hearing:
1. that the permit be approved..to Alcala Chevrolet, and be non-transferable;
2. that the auto service center and auto leasing/rental office be operated in '
a manner consistent with the January 18, 1980 letter from Mr. Alcala filed
with the application; ; � .
3. that on-site employment be limii;ed to 20 employees; �
4. that Alcala Chevrolet encourage i�s Cowan Road employees to park on-site,
rather than on-street; �
5. that on-site parking (including 13 spaces within the existing buildings) be
. consistent with the site plan �(revised 1/18/80) filed with this aoplication;.
6. ihat 4 on-site parking spaces be marked for guest parking (one of.which
should be to handicapped dimensions); .
7. that a.11 alterations to this property be done with a building permit, and be
consistent with the requirements identified in the January 17, 1980 mema
� from the Chief Fire Inspector and the January 14, 1980 memo from the Chief
Building Inspector; and ' .
8. that the special.permit be subject to review and possible amendment in one year.
JRY/s
1/24/80
�,.�. �-
J
John R. Yos
City P1a r
cc: Mr. Gilbert Alcala
Paul J. Gumbinger, AIA
., _. �, ...
� . .�� ,
_ _ _ _ _ ... _ .. . . . Q..o _ .,. �,.....a . .. . �' ;.";�;;.i.'i'�'i� 824-826 COWAN ROAD . .
CiUF1LIPJGAME
1/10/80 1/24/80 ';�':����y"' praject address
�.
date dai:e �q���=�,�� i��� o� Al cal a Chevrol et
prepared revised ' • `�^�������•�� project name � if any
1. APPLICANT .Alcala Chevrolet; Mr. Gilbert Alcala 344-7611
• name . . telephone no.
100 California Drive, Burlingame, CA. 94010
� applicant's address: street, city, zip code
• Paul J. Gumbinger, Architect 347-3089
1 contact person, if different 600 E. 3r Ve., telephone no.
' � 2. TYPE OF APPLICATION AND San Mateo, CR: :94401) ��
� PROJEC7 DESCRIPTION
� SPECIAL PERMIT to operate an auto service center
with body shop and oaint shop in the two existing warehouses at 82�-826 Cowan Road; there
wil.l be approx. 16 employees, wi�h service hours between 7:30 AM to 5:30 PM Monday through
Friday. In addition, a leasing and car rental service w� 1 operate rom : o.-PNi
seven�days per week with a further 5 employees. The auto body and paint shop will be the
'produEtion center' for the Alcala dealership at 100 California Drive, with customer drop-off.
� Ref. code section(s): (25.42.030 )( ? an ve ic e pic -up a
. , . �he Cal�fornia Drive.
ocat�on.
3. PROPERTY IDENTIFICATION
� (. 024-390-021 )( 3& 4) ( 1 )� (E . Mi 11 sdale In�ustri a 1 Par{c
APN lot no. block no. subdivision name No. 1)
� ( M-1 ) ( 31,819 SF )
. zoning district land area, square feet
Eric Cowan �(yes) X (no).
, land oivner s name p�-oof of ownership
P.O.Box 435, Grass Valley, filed
4. PROPERTY: PHYSICAL CONDITIONS CA.95945
7�: 30-
5:30 '�
Full time employees on site I Lb
Part time employees on site
Visitors/customers (weekday)
Visitors/customers (Sat.Sun.
Residents on property
Trip ends to/from site
Peak hour trip ends.
Trucks/service vehicles
Required Date received . �,
`�(yes) ��$� (12/28/79 ) Site plan showing: properiy lines; public sidetivalks and
� � curbs; all structures and improvements;
� paved on-site parking; landscaping.
(yes) �na� (12/28/ 79 ) Floor plans of all buildings showing: gross floar area
� by type of use* on each floor plan.
(3+e�) (no) ( -- ) Building elevations, cross sections (if relevant).
(�+es) (no) -( - - ) Site cross section(s) (if relevant).
(other) ( j �
5. PROJEC7 PROPOSAL
Front setback
Side setback
. Side yard
Rear yard
Lot coverage
Building height
� Landscaped area
" On-site pkg.spaces
*Ther�e will be 22.code standard-',s paces,_p1 s 2 conven5ent :tandem spaces on sit
additional•1D-12 cars can be �ajrked just, ver�the pr�perty.line adjacent to t
dr.iveway; a further 30 parking paces cou d be suble sed on the Dollar Rent-A
840 Cowan Road.—`� � �5�--�--.______. �..---"_.__ . __� ._._.._._._..__... �
(yes) X (no)_
owners consent to
apolication filed
16`
�
after
5 PM
5
16
O.. ..0--
150�` -20±--
_ 3.0} .. , .-5+-
--1-2 1-2�..
; an
e �entr nce �
Car 10 at
* Land use classifications are: residential (# dwellinq units); office use; retail sales;
!- Project �� Code
Proposal Requirement
'..,
An air photo will
be provi ded,;for
the publ ic
hearing.
Required Date received
�Yes) ��) ( 12/28/79 )
�.�) (no) ( = -- )
Alcala Chevrolet will
be the sole tenant on
this property.
Location pl'an of adjacent properties/written description
of adjacent land uses.
Other tenants/firms on property: _ �
no. firms ( ) no. employees ( ) ,
floor area occupied ( SF office space)
. ( SF other)
no. employee vehicles regularly on site ( )
no.•company vehicles at this location ( )
7. STAFF REVIEW , �
' Project proposal/plans have been circulated for review by:
� date circulated reply received
City Engineer � ( 1/10/80 ) (yes) ��_
� Building Inspector ( 1/10/80 ) (yes)" �r�
Fire Inspector i 1/10/80 ) {y�'s)=• ={-rtro�
Police Qepartment ( - - . ) (yes) (no)
City Attorney, ( __ ) (yes) (no)
ti�
memo attached
=E�� �"0�rerbalonl
�YeS ) ��� P Y Y
�YeS ) ��� .
(yes) (no)
(yes) (no) •
8. CEQA REQUIREMENTS '
..Is project subject to CEQA review? (yes) ��a�
. Has a(Vegltive Declaration been prepared and signed? (yes}���� File No. �ND- 226 P.
date signed ( 1/17/80 )
� Is an EIR required? (3��) (no} When will the RFP be ci.rculated? ( �
9. SUMMARY OF STAFF CONCERNS/POSSIBLE MITIGATION MEASURES �
- Concerns � Mitigation Measures
. . Will there be adequate on-site. Review site plan and discuss with .
� parking for.both body shop app_licant. Require some on-site spaces
: .� employees and the auto:leasing/ be marked for customer parking?
. rental agency customers? �
- � Increased traffic between'Cowan Request review and comment.by Traffic
: Road and California Drive, as " Engineer.
� vehicles are moved between the
two locations. '
Naise from equipment such as air
compressors on adjacent offices.
�• . Establishment of a large auto
' repair shop with leasing and renta
services in the M-1 District.
Screening or soundproofing�of noise- �
generating equipment or determine best
location for such equ�pment.
Review existing site conditions and �
adjacent land uses..
10. APPLICATION STATUS
_........
��Date first received (12�Zg��g) Accepted as complete (12�28�79) P.C. study ( 1/14/80)
Is application ready for a pi�blic hearing? (yes) (� Recommended date ( 1/28/80}
pate staff report mailed to applicant ( 1/25/80) Date Commission hearing ( 1/28�8�
Application approved ( ) Denied (a,/� � Appeal to Counc'1 yes (no)
Date Counci l heari ng (�-e r- go ) Appl i cat'on ap�,roved (�/ ) Dem ed ( )
. J� �� �' , 1�24�8�
: � , signed� date
Planning Comnission� Minutes - January.28, 1980
MEETIPdG ITEMS f0ft ACTION ' � : • � - ; �. ; , :
1; SP�ECIAL P.ERP�IIT TO OPERAI'E �IN AUiO SERVICE CENTER WITH BODY SHOP AND RELATED AUTO .
RENTAL ��ND LEASI�lG AT 824-826 COIdAPd ROAD IN THE h1-1 DISTRICT, BY ALCALA CHEVROLET
� CP Yost reviet�red this application to operate an auto service center in the two existing
warehouses at 824-826 CoNfan Road. Reference staff rep�ort dated 1/24/80;� Project '
Assessment revised 1/24/F0; site plan revised 1/18/80; aerial�photograph of the site;
January 18, 1980 letter from Gilbert Rlcala, presiden� of Alcala Chevrolet; January 1�7,
1980 memo fram the Chief Fire Inspector; January 14, 1980 m�mo from the Chief Building
Inspector; January 15, 1980 letter in supporl; from the Executive Vice Presidet7t of
the.Burlingame Chamber of Cor,�nerce. A1so referenee executed Lease Agreement (copy
rec�ived this evening ) bet��een Alcala Chevrolet Company and Dollar Rent-A-Car of
San Francisco, Ir,c. covering 30 vehicle parking spaces. � .
Pau1 J. Gumbinger, architect for the project,and Gilbert Alcala, presiden� of Alcala .
Chevrolet t�rere present. Mr. Gumbinyer explained �;he proposed operation at this nevr
site and advised that an automatic fire sorinkler system wou1,d be ins�:alled to meet
the conditio�s of the Chief Fire Inspector. Chm. Jacabs apened the pub7ic hearing.
� There t:�ere no comments i n favor. , . • . � . . .
. C. Michael Hogan, president, Earth Metrics Incorporated, 859 Cowan Road spoke in
opposition. He determined from the CP that the Agreement for parking spaces with �
Do11ar Rent-A-Car.t�Jas a month-to-month.arrangen:�n�. He felt the East Millsdale
development �•ras an exempiary.form of land planning and requested that the City coritinue
this high qua7ity airport related deve7opment, retaining the aesthetics of.the area.
�� Other concerns: on-street parking; noTse; that introduction of this business might
influence tenants of his building to mov�. Er.ic de Reynier, owner of 819-845 Cotivan
Road objected to the propos�d use in this quiet o-ffice area. There were no further
audience comments and the hearing was closed. � . � � �
,..---... .---.__. �_.... _ ...._...: _ ..�__ .__.___ .._..._ __. _ . . � � _____ - --=-- _._ _ - - _ � __ -- ---- - -..._ ..
--. Discussion included: the proposed parking and code.requirements; the noise factor
involved and possible mitigation measures. GiJbert Alcala resnonded to some of the
� concerns, noting his business wouTd be airport related and a support to the area;
�• some of the body work would be for Gar rental agencies;. the working bays would be
located in the middle of the t4y0 buildings; that his company had several other sites �
for storage af vehicles and thus storage could be balanced. The applicants advised
that the majority of the body repair work would be moved to Cowan Road and that cars
being brought ihere tivould'be stored inside the buildings. Mr. �lcala also discussed
. his attempts ta find property elsewhere and noted several companies doing some type
,of repair work in this area at �resent. (Commission pointe.d out that mos� of the .
� cases cited were ancillary services to the primary business•.)
Corrunission concerns: increased traffic; the noise factor; the desirability of this .
use at this location in light of past Council/Corrnnission discussions and decisions:.
Qne Cor�nissior�er expressed his approval of the move and objected to limiting�the
number of personnel for �his projecL to ihe available parking. �
� � . : . . : :� ..
C. Taylar commented that he could not,�at this time, suppor� a major policy decision �
on the proposed use. Ne, therefore, moved to deny this application. Second C. Mink;
mation to deny approved 5-1 on roll call vote, C. Sine .dissenting. Appeal.procedures
were advi sed. . � . . � _ . , .. . .
, ._. .�
_ . _
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� - tj ��� �J'� �! DOLLAR RENTA CAR�OFSAN FRANCISGO, INC. ' . � - � . . � � - �
' ( ,�'�1 "�p y�' d= i81S OLD DAYSHORE HWY., BURLINGAME. CA. 94010 �(A15) 697-5780 .�� � • [';
� ���;� �"a�'�!��; F:
t � o .'�'�'� � ��Tl� �� . . : �
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� t �. 1 LEASE AGREEbiENT . . . �.
� . ! . , . . �.
� . . . - . . t;
�
- .:� Dollar Rent A Car of San Francisco does herewith ��
-, �� lease ta Alcala Chevrolet Company, thirty (30) �-�
vehicle spaces to be located on the narthwest �=�:
� partion of the property located in the 800 Block �:- r�
'�.. of Cowan Road, Burlingame, California. . ��
� : . �:.
� � �Alcala Chevrolet Company agrees to pay to Dollar F_
. . . Rent A Car, $750.00 per month for the thirty vehicle • �
., spaces. Such payment to be paid in advance and �
. . � �.
�� . directed to Dollar Rent A Car, 1815 Old.Bayshore 5.
� : � Highway, Burlingame, California 9401Q. � . `��
A].cala Chevrolet Company sYiall hold Dollar Rent
� � A Car harznless for any and all� damages, thefts ,ar � �
�. ,. losses resulting from the parking and storage of -
� �vehicles at the above described location. Alcala ��
.� :Chevrolet Company shall furnish Dollar Rent A Car � '�
:., ., � a certificate of insurance naming Dollar Rent A Car
� of San Francisco, Inc., as an additionaZ insurred
. �. _ far property liability insurance. � . �:°
� ���.
�� This agreement shall become effective.February 1, 198Q . �.
� �and sha11 continue month to month. Cancellation may �
� .� be made by either party with thirty days written �.;
. notice. . � • -
. ACCEPTED: . ACCEPTED: - ;�'
f.
. . �,. .
: ALCALA CHEVROL CO. ' Dollar Rent A Car of � - �^,
� � . ��.. . . San Francisco, Inc. �.
�.�
. �,.
�.
. . By : B%y : `��.�,..;,�.,_.;_.-- ��...�.-�-� �``
. ' Title : , •��i�% ` Tit1.e : C-..f� ,� ,• s
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� Date : / • � b , � D. Date : •�ir3� o2s / �•��
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5AN MATEO GOUNTY • ' .�
• CITY HA�L- 50t PRIMROSE ROAD
' BURLINGAME,CALIF.ORNIA 94010 TEL:(415) 342-8931
NOTICE OF HEARING � .
� � SPECIAL PERMIT .
NOTICE IS HEREBY GIVEN that Monday, the 28-�h day of January, 1980 , at.the
hour.of 7:30 P.M., in the City Ha11�. Council Chambers , 501 Primrose Road,
Burlingame, California the Planning Cammission of the City o�F Burlingame will
conduct a public hearing on ihe.application " to allow operation of an auto �
service center at 824-826 Cowan Road in the M-1 District by Alcala Chevrolet.
At the�time of the hearing all persons interested will be heard.
For further particulars reference is made to the Planning Department.
. � � - : . EVELYN H. HILL : :
. CITY CLERK '
January 21, 1980 . �
i, . •
STATE OF CALIFORNiA � . ' ' •
COUNTY OF SAN MATEO . ,
� Evelyn H. Nill, being duly sworn, deposes and says: that she is City Clerk
of the City of Qurlingame; that.on the 21st day of '
. Januaxy, 1980, she deposited in the United States Post
Office at Burlingame, California, with postage'thereon prepaid, �fotices of
Near i ng of Pet i t i on for � Spe c i�al Permit �
. pert�ining to the property designated.
as 824-826 Cowan Road, Burlingame� � �
• �
a copy of which notice is attached i�ereto and made a part hereof; that the
.. said notices were thus mailed to ait of the property owners above mentioned;
and to each and every person named in the petition of file herein, refer�nce
- is hereby made and herein incorporated as if the same were sefi forth in full.
;
_ ' . J' � � J ' �
•, • Ev lyn H., i11,'City Clerk
Dated: January 21, 19 8 0
• Witnessed: �
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QvRATED,JVNGb, ' . .
�.�P C�t�� n�f �l���t�t��xr�t.e :
SAN MATEO COUNTY - � '
- CITY HALL- 501 PRIMROSE ROAD
BURLINGAME,CAUFORNIA 94010 TEL:(415) 34z-8931
NOTICE OF HEARING
SPECIAL PERMIT
NOTICE IS HEREBY GT'dEN that Monday, the 28th da,y of January, 1980 , at the
hour.of 7:30 P.M., in the City Hall� Council Chambers , 5Q1 Primrose Road,
Burlingame, California the Planning Commission of the City of Burlingame will
conduct a public hearing on the appiication to allow operation of an auto
service center at 824-826 Cowan Road in the M-1 District by Alcala Chevrolet.
At the time of the hearing all persons interested will be heard.
For further particulars reference is made to the Planning Department.
. EVELYN H. HILL .
CITY CLERK �
January 21, 1980
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PARGEL N0. dSSE55EE'S NAME• ADORE55 ANO t►ESCRIPTiQh CF PRGPERTY
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,� _024_390-050 GO�+AN_ER IG __�_._._ _ GKASS VALLEY r --GA959kS
�04-002 P 0 8UX 435
00 LUT 5� BLUGK I EAST MILlSOALE INDUSTRIAI PARK NG 1 RSM 50/l4 —
�_� 25 G I1 Y t�F BI�L INGAHE .. _ _ ._ . .. ._._ ..__.____—
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024-390-060 CU1.AN ER IG • " GRASS_ VALLEY_�_ �_ GA9_5945__ -
04-002 P.0_dt�%_435___._�..._--
x-- Q� \ LOT 6 tsLUGK 1 EAST MILlSDALE INDUSiRIAI PARK NC 1 RSM 50/24
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024 390-080 _GIIY Of BUFt.LI�sGAt�E J -- _ CA94010._ ____ __ •- --- ---
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--,--04-002 _._ 501_PR_[MkUSE_ RO . . -. --- ----
� 88 __, _ lOT_ _17 E310CK 1 EAST MIlL50ALE 1 NflUSiRt Al, PAKK nfl 1_�SM 50/ 24._ __ _.__ ___-. --
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ti4-002 , P 0 BJX h35 G_RASS VALIEY._.___________
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_____-_�___.•-- � " _ ..- ------ -------- "___�_
__ ---_.. � II 25 CITII _ilF B,ll�l INGAME _ 16891
'"�"' ,X 024-390-100 C01dAN ER1G (�RASS ViaLLEYa CA95945 ,
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. �=`� ti� 25 GI7Y UF BI�tLINGAME . __._.
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1d49 BAY$HOaE BIYD BURLINGAME�
la7S 1� 2 fiLK 1� ADJ 20.5 F T STRI P EAST Ml LlSDALE
INCUSTRIAL PA�K NO 1_RSM 5�/24 25 , ____ _,_. ..--
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PARGEL 1 2.108 AG MOL PARGEL MAP VUl 38/32'
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024-401-200 LEkiORA AN7HOYY G E JANET N HUNEkER KIAUS,.E.HEILA_N,________._.,_ 10T.10 _`._15224
04-002.._. G/U �NE�TERN TOUI E EN6INEERING __..___._ _.... __..___.._ ......_----__..__�.y
------ 3ti 877:_CUwAty -R�----- -- ----.- -.- - -tsURl1 NGaME'--- - --.--�A94010
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25 Li7Y OF L�UitLINGAHE -
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18 87]__GJ�AN _RO____ . BURLINGAME� GA94010
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25 GIiX aF BURtINGAHE
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024-401-350 BE1RN�._GiLBERT__A L GIINTON 6 289?8 189?2
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38 LOTS Z._�6 27 BLK Z EASt MtLISDA_LE INDUSTRIAI _
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PARGEL N0. ASSESSEE�S NAME� aDDRESS ANO DESGRIPTIGN CF. Pa0PlEilfil( lANO [MPRVMNTS
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3g ` ll]TS .•2d 15 6 3C 8LK 2 EASi MILlSDALE IND PARK f�0. L'
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ALREAGE Gt7Y DF BURLINi.ANE . -
_ --- 160b5 74460_
024-401-510 AIRPURi EkEGUTt_VE_,UFFICES___.___..__..__ �A94010
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.. _ ._.... . -- -
18 LUIS Z2 E 23 BlK 2 EAST MILLSUAIE INOUSTRiAI PARK
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� 024-401-520 OIYNEUX. JANE K ---
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___ _,_-- -__---- - SAN .FRANGI5C0.�_,�.�_ GA94108
.. _ _?8 ? K EARN Y ST __.. __ _ .. . ��
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02�.-402-010 GIiY OF _BUI2LINGANE _
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Tcili:ative Procedure
�%_c�Yv-� 5/1.0/7�; Suk.�;jeC� �� Revi.s�.c�n
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JUNE
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824-826 COWAIV ROAD
Pra�ect 1lcidress or Locatian
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rile No. ND-226P
Pro. j ect Title : A1 cal a Chevrol et � '
Type of Permit:� Special Permit to� operate an auto service center
Legal Description: Lot Nos. 3 and 4, B1ock 1, East•,Millsdale Industrial Park No. 1;
� APN 024-390-021 '�
• Zone : M-1
Property Owner : � � • Appl.icant : Gi l bert A1 cal a for �
�� Name :� Eri c� Cowan � • Name : A1 cal a Chevrol et
� Address : Post Offi ce� Box 435 Address 100 Cal i forni a Dri ve �
� Grass Valley, CA. �95945 Burli.ngame; CA. 94010
Contact Person: Paul J. �Gumbinqer Area Code: 415 Phone: 347-3089
PROJECT DESCRIPTION: The auto service center will consist of a`body �shop, paint shop,
. auto leasing and auto rental in two existing warehouses. There will be approximately 21
employees•on the site with service hours between 7:30 A:M. to 5:30 P.M. Monday through Friday.
The�leasing and car renta service wi . operate, axs,a,wee etween „, o, ,wi a
- - - �,--,-
V 1 I G V 1" V 1 G{� l� l. �M1 1 G 1 J 1 1 1'./ lA N L v v v u 1 1 1 V 1 1 1 1 M . 1 Y�.. • • •
The City of Burlingame by��yN R_ YOST on January 17 . ,
.1980. , completed a review of the propased project and determined that:
, (. ) xt will not have a significant eff�ct an the environment.
( X) No Environmental Tmpact Report is required.
Reasons for a�Conclusion : No new con structi on i s proposed by th i s appl i cat i on .
'� The increased traffic to and from'the site wiTl not be significantly higher than an average
= li:ght industrial use. On-site parking and maximum employees can be regulated�by Special
Permit conditions.
JANUARY 17, 1980 ' J� �, t�
Date Signed . Signature of Pro essing Ofiicial
. • ' CITY PLANNER
__ ... . .
-... . -_` .. Ta.t].e
Unless appealed within. 10 days hereof the date posted, the determination shall be final.
Date Posted: JANUARY 17, 1980
DECLARATION OF POSTING
I declare under penalty of perjury that I am City Clerk of the City of Burlingame and �;hat
I posted a true copy of the above Negative Declaration at th� City Hal.l of said City near
the doors to the Council Chambers. �
Executed at Burl i ngame, Cal i fornia on �, ����c� � , 19���
;
Appealed: ( )Yes ( )No
0
�.--.��� ��'�✓, %�.-L�
EVE�YN H. HILL, CTTY CL�RK
CITY Of' BUR1,I�;GAME
Warehouse/Packing
5,000 sf / 4900 sf
floor area
path along drivewa i
to Cafe entrance i
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Warehouse/Storag� -- ' i
6,380 sf �
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1,620 sf �
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Existing , i
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Bathrooms �
395 sf I
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Kitchen --�
Maximum Cafe+ 405 sf I
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Kitchen Area =
1,500 sf Cafe/ Dining Area
1,050 sf (approx) �
Ramped path �,1
1:50max slope
New 5x5 level
--------------------
land'g & 42"w
accessible
Entry door
.,
Approximate Lobster Tank
(above ground) 30' x 70'
826 COWAN RD
5,000 SF BLDG
4,900 sf floor area (msrd to outside of
conc. walls & exclud'g recessed entry) �
WarehouselPacking Area
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824 CO, AN RD
10,000 F BLDG
9,850 sf floor ar '(msrd to outside of
conc. walls & ex'lud'g recessed entry)
Women's
220 sf
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Men's
175 sf
Kitchen
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PROPOSED SITE PLAN/FLOOR PLANS
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EXISTING SITE PLAN/FLOOR PLANS
G�1��1z,�L NOT�S
1. Applicable Codes:
The following codes including all Amendments as adopted by
City of Burlingame Ordinance 1813:
2010 California Building Code (based on 2006 IBC)
2010 California Mechanical Code (based on 2006 UMC)
2010 California Plumbing Code (based on 2006 UPC)
2010 California Electrical Code (based on 2005 NEC}
2010 California Fire Code (based on 2006 IFC)
2008 California Energy Efficiency Standards
Code Enforcing Agencies: City of Burlingame Building Department
The intent of the drawin�s and specifications is to provide interior tenant
improvements at the facility in accordance with the 2010 California
Code of Regulations.
' 2. The Contractor and his sub-contractors are to verify all existing
conditions before commencing with the work, in order to ensure conformance
with the Construction Documents. All inconsistencies
shall be brought to the attention of the Owner, Architect and Engineering consultants
prior to proceeding with any work.
3. Layout of new work is largely based upon relationships to existing
conditions. Any questions regarding the intent related to the layout of
the new work shall be brought to the attention of the Owner & Architect prior to
proceeding with any work.
4. Construction Hours: weekdays 7A-7P; Saturdays 9A-6P;
Sundays 8� Holidays 10A - 6P
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AP # 024-390-210
ZONE - INNER BAYSHORE DISTRICT - IB
CONSTRUCTION TYPE - TYPE III / B
OCCUPANCY - BLDG 1 MIXED OCCUPANCY S-2 / B/A-2
BLDG 2 F-1 OR F-2
LOT SIZE - +/- 31,819 sf
EXISTING LOT COVERAGE -
EXISTING BUILDING 1 FOOTPRINT 10,000 SF
EXISTING BUILDING 2 FOOTPRINT 5,000 sf
Total existing Lot Coverage 15,000 sf
FLOOR AREA THRESHOLD - 50% max or 15,910 SF
EXISTING BUILDING 1 FLOORAREA 9,850 SF
EXISTING BUILDING 2 FLOORAREA 4,900 SF
Total existing FloorArea 14,750 sf
EXISTING BUILD'G HEIGHTS - 24'-0"
OCCUPANT LOAD CALCULATIONS
CAFE/DINING A-3 1,050 SF /15 LOAD FACTOR = 70
OFFICE B 1,620 SF /30 LOAD FACTOR = 5.4
BLDG 1-STORAGE S-2 6,380 SF /300 LOAD FACTOR = 21.2
BLDG 2- STORAGE S-2 4,900 SF /300 LOAD FACTOR = 16.33
PARKING CALCS
EXISTING PARKING DEMAND = 25 SPACES
EXISTING PARKING = 18 SPACES (NON-CONFORMING)
PROPOSED USE PARKING DEMAND
824 COWAN RD 10,000 SF BLDG
Warehouse/Storage 6,380 sf / 1,000 sf = 6.38 parking spaces
Office Space 1,620 sf / 300sf = 5.4 spaces
Bathrooms 395 sf = .8 spaces
220 sf / 1000 = .22
175 sf / 300 = .58
Cafe/ Dining/Kitchen Area 1,455 sf / 300 = 4.85 spaces
Subtotal = 17.43 spaces
826 COWAN RD 5,000 SF BLDG
Warehouse/Packing 5,000 sf / 800 = 6.25 spaces
(includ'g toilet area)
Total Spaces Req'd. = 23.68 spaces = 24 parking spaces
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