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Home My WebLink About859 Cowan Road - Staff ReportItem No. 8a Regular Action Item City of Burlingame Conditional Use Permit and Parking Variance Address: 859 Cowan Road Meeting Date: February 10, 2020 Request: Application for Conditional Use Permit and Parking Variance for a church use in an existing building. Applicant: Andrew Chiu Property Owner: The Church in Burlingame General Plan: Innovation/Industrial APN: 024-401-510 Lot Area: 21,000 SF (120' x 175') 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. Site History: A complaint was received regarding an assembly use (church) and cars blocking the parking lot driveway aisle at 859 Cowan Road on December 17, 2018. The Building Division inspected the property on January 8, 2019 and noted no building code violations and observed no indications of recent construction. A Notice of Violation was issued on January 10, 2019 related to the church use on the property because assembly uses require approval of a Conditional Use Permit in the IB (Inner Bayshore) zoning district. A Conditional Use Permit and Parking Variance application for the church use was received by the Planning Division on June 4, 2019. Project Description: The Church in Burlingame (The Church) has submitted applications for a Conditional Use Permit and Parking Variance for approval of a church use in an existing office building at 859 Cowan Road, zoned IB (Inner Bayshore). While church uses are not explicitly listed as a permitted or conditional use in the IB zoning district, Code Section 25.30.030 (i) states that the following are conditional uses in the IB zone: Any use similar in nature to one which is permitted or for which a permit is required in this district at a density determined not to exceed the trip generation for the planned use of the lot using the adopted Bayfront traffic analyzer. A church use has been determined to be similar in nature and performance characteristics to a convention and exhibition facility, which is a conditional use in the IB district per C.S. 25.30.030 (e). A church is defined in Code Section 25.08.183 as "any building wherein persons regularly assemble for religious worship, and which is maintained and controlled by a religious body or organization to sustain public worship." Because a convention and exhibition facility is considered an assembly use and is allowed in the IB zone with approval of a Conditional Use Permit, a church use is considered to be a use similar to a convention and exhibition facility and is therefore also allowed with approval of a Conditional Use Permit. The subject property at 859 Cowan Raad is an interior lot with a three-story building and 31 on-site parking spaces along the left side and rear of the property. The building contains approximately 8,400 SF of office space, 3,500 SF of warehouse space and 1,320 SF of assembly space. There are currently three tenants using the building: • 1 S� floor — CDSCA Inc, - credit card and ATM processing service - office use • 1 St floor — Ranker AMG - glazing contractor/architectural cladding - warehouse use , 2"a floor — Ranker AMG - office use • 3�d floor — Church in Burlinqame - office & assembly use Project Operations: The Church is requesting approval to use the first floor and third floor meeting rooms for assembly (church use). The first floor meeting room measures 382 SF and can accommodate a maximum of 26 people. The third floor meeting space measures 938 SF and can accommodate a maximum of 63 people. The Church is also using the entire o�ce space 1,939 SF located on the third floor. Conditional Use Permit and Parking Variance 859 Cowan Road The church use is primarily occurring on Sunday mornings, with services held at 9:30 a.m., 10:15 a.m. and 11:00 a.m. The office space on the third floor is used exclusively by The Church. While there are no permanent full time employees, the office space is used periodically in the evenings and weekends by church volunteers. There are no plans for interior or exterior alterations to the building. Parking: The applicant has provided an estimate of the overall attendance and parking demand for each service. The data below was collected on site by the applicant. Event Estimated Number of Estimated Number of Vehicles People 9:30 a.m. Sunday service 21 39 10:15 a.m. Sunday service 15 38 11:00 a.m. Sunday service 8 18 The site is currently nonconforming in parking, with 31 on-site parking spaces provided where a total of 36 spaces are required based on the legal uses that were previously occupying the site. Intensification of the previous 1,320 SF of office use (1:300 SF parking ratio) to a church use (1:60 SF parking ratio)) increases the parking requirement by an additional 18 spaces and changes the overall parking demand on the site to 54 spaces, where 31 spaces are provided. Therefore, the applicant is seeking a Parking Variance for 23 spaces. The two other businesses that occupy the building, Ranker AMG and CDSCA, Inc., operate weekdays from 7:00 a.m. to 6:00 p.m. Ranker AMG has up to 15 employees and CDSCA, Inc. has five employees. RankerAMG has a six year lease and CDSCA, Inc. has a long term lease, with no changes expected in the next five years. In their application materials, the applicant notes that the highest intensity of use on the property by The Church occurs when the other two business on site are not in operation. Therefore, no anticipated overlap between the office/warehouse uses and church use is expected. Given the current church attendance and the on-site parking available, it appears that most of the church's parking demand can be met on-site. During times when the on-site parking is occupied, The Church is proposing to have staff monitor the on-site parking, and when it is full, they were hoping to offer valet parking for up to 10 vehicles off-site. The proposal originally included a plan to park six vehicles on-site within the 20'-6" drive aisle that surrounds the building, resulting in a 12-foot drive aisle when the six cars are valeted on the site. However, the Fire Marshal has stated that they cannot utilize this space for valet parking as it would block a required fire access lane to the rear of the building. The plans have been revised to eliminate the six valet spaces shown on the site plan. The applicant has coordinated with the adjacent property owner at 1818 Gilbreth to use 10 parking spaces on Sundays, when most of the office businesses on that site are closed. However, because 1818 Gilbreth Road received a Parking Variance for a 49-space deficiency in 2018, we cannot count these 10 spaces because the calculations do not support 1818 Gilbreth Road having a surplus to provide parking to any other site given their deficiency. The applicant is requesting the following applications: ■ Conditional Use Permit to operate a church use in an existing building (similar in nature to convention and exhibition facilities) (C.S. 25.26.030 (e) and (i)); and ■ Parking Variance for a 23 space parking deficiency for a church use (C.S. 25.70.038). � Condifional Use Permit and Parking Variance 859 Cowan Road 859 Cowan Road Lot Area: 21,000 SF Plans date stam ed: October 24, 2019 IEXISTING I PROPOSED I ALLOWEDIREQUIRED Conditional Use Permit for a use similar to a permitted or Church use in portion of conditional use in the IB zone Use: Office/Warehouse building (in addition to (C.S. 25.43.030) - existing office/warehouse) convention and exhibition facilities are a conditional use and a church is similar to this use' Office Office 36 total required spaces for 9,719 SF/300 SF = 32.3 8,399 SF/300 SF = 27.99 existing offices / warehouse Warehouse Warehouse ----------------------------------- 3,529 SF/1.000 SF = 3.5 3,529 SF/1,000 SF = 3.5 Assembly 54 total required spaces for Parking: 1.320 SF/60 SF = 3.5 offices/warehouse/assembly 36 spaces required 54 spaces required 31 spaces provided * 31 spaces provided 2 (off-site spaces proposed do not count) * Existing nonconforming ' Conditional Use Permit required for church use in an existing building (CS 25.26.030 (e) and (i)). 2 Parking Variance for a deficit of 23 spaces (31 spaces existing/provided where 54 spaces are required based on intensification of use from office to church use). Staff Comments: See attached. Study Meeting: At the Planning Commission study meeting on January 13, 2020, the Commission provided comments and suggestions regarding this project and voted to place this item on the regular action calendar when all information has been submitted and reviewed by the Planning Division (see attached January 13, 2020 Planning Commission Minutes). The applicant submitted a response letter dated January 21, 2020 and revised plans date stamped January 27, 2020 to address the Planning Commission's questions and comments. In summary, the plans have been revised to show the AT&T facility located at the rear of the building and the tandem parking eliminated within the drive aisle. A revised Parking Variance application has been submitted. 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 detrimentat to the public health, safety, general welfare or convenience; 3 Conditional Use Permit and Parking Variance 859 Cowan Road (b) The proposed use will be located and conducted in a manner in accord with the Burlingame general plan and the purposes of this title; (c) The planning commission may impose such reasonable conditions or restrictions as it deems necessary to secure the purposes of this title and to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general vicinity. Suggested Conditional Use Permit Findings: That the proposed use will be contained on the subject property and will not be detrimental or injurious to property or improvements in the vicinity; and that with the imposed conditions of approval for operation of the church, including a maximum occupants for assembly, the proposed use will be compatible with the surrounding office and industrial uses and with the General Plan designation. For these reasons the project may be found to be compatible with the requirements of the City's Conditional Use Permit criteria. Required Findings for Variance: In order to grant a Variance the Planning Commission must find that the following conditions exist on the property (Code Section 25.54.020 a-d): (a) there are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the same district; (b) the granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship; (c) the granting of the application 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; and (d) that the use of the property will be compatible with the aesthetics, mass, bulk and character of existing and potential uses of properties in the general vicinity. Suggested Variance Findings: That the proposed church use will primarily be in operation at times (nights and weekends) when the other uses on site are not fully operational, and therefore will not be detrimental or injurious to property or improvements in the vicinity; that the proposed church use will operate within the existing office building and will therefore be compatible with the aesthetics, mass, bulk and character of existing and potential uses of properties in the general vicinity; and that with the conditions of approval that limit the maximum usage of the site given the limited parking availability, the use would not be detrimental to other nearby properties. For these reasons the project may be found to be compatible with the requirements of the City's Variance 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 church use at 859 Cowan Road shall be limited to a total of 1,320 SF of assembly area with 382 SF on the first floor (meeting room) and 938 SF on the third floor (meeting room) as shown on the plans submitted to the Planning Division and date stamped January 27, 2020; 2. that any expansion of the assembly use beyond 1,320 SF within the building at 859 Cowan Road, as shown on the plans submitted to the Planning Division and date stamped January 27, 2020, shall require that the applicant first apply for an amendment to the existing Conditional Use Permit; 4 Conditional Use Permit and Parking Variance 859 Cowan Road 3. that the 31 on-site parking spaces as shown on the plans date stamped January 27, 2020 shall be utilized to meet the parking demand of the church use prior to utilizing on-street; sheet A-1 on the plans date stamped January 27, 2020, note that 10 additional parking spaces may be provided off-site on a separate nearby property, however this agreement is not recognized by the City of Burlingame and these 10 spaces are not counted toward meeting the parking requirement; 4. that the Conditional Use Permit shall apply only to a church use and shall become void if the church use is replaced by a permitted use, or is ever demolished or destroyed by catastrophe or natural disaster or for replacement; 5. that all activities associated with the church use shall occur indoors only and that no portion of the on-site parking areas shall be used for activities other than parking; � 6. that any changes to the floor area, use, or hours of operation, maximum occupancy, or number of vehicles generated which exceeds the maximums as stated in the application materials and conditions shall require an amendment to this Conditional Use Permit; 7. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, in effect at the time of building permit submittal, as amended by the City of Burlingame; 8. that all signage shall require a separate permit from the Planning, Public Works and Building Divisions; and 9. that the conditions of the Building Division's October 28, 2019 memo, the Fire Division's June 22, 2019 memo, and the Public Works Division's October 29, 2019 memo shall be met. Catherine Keylon Senior Planner c. Andrew Chiu, applicant David Fung, architect Attachments: January 13, 2020 Planning Commission Minutes Applicant Response Letter, dated January 21, 2020 Application to the Planning Commission Conditional Use Permit Application Parking Variance Application (revised, date stamped January 27, 2020) Commercial Application Staff Comments Planning Commission Resolution (Proposed) Notice of Public Hearing — Mailed January 31, 2020 Area Map 5 � ciTv � ��,-; � � ' :� .� �� ro e co r" a 4pORAT[D �, City of Burlingame Meeting Minutes Planning Commission BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Monday, January 13, 2020 7:00 PM Council Chambers a. 859 Cowan Road, zoned IB - Application for a Conditional Use Permit and Parking Variance for a church use in an existing building. (Andrew Chiu, applicant; The Church of Burlingame, property owner; David Fung AIA, architect) (39 noticed) Staff Contact: Catherine Keylon Aaachments: 859 Cowan Rd - Staff Report 859 Cowan Rd - Attachments 859 Cowan Rd - Plans All Commissioners had visited the project site. There were no ex-parte communications to report. Senior P/anner Keylon provided an overview of the staff report. Questions of staff.• > Is there detail or information on the code enforcement complaint? The comp/aint was that cars were blocking parking ais/e. (Key/on: The complaint came in December 2018 and it is believed it was from someone visiting the building. There had been cars stacked in a tandem configuration, but the Fire Department will not allow this parking.) > Was this occuring on a weekend or a weekday? (Key/on: Believes it was a weekend.) Chair Comaroto opened the public hearing. David Fung represented the applicant, with Andrew Chiu of The Church in Burlingame. Commission Questions/Comments: > Was the complaint lodged on a weekend? (Fung: Not sure. It was short/y after purchasing the building. Since then, everyone has been informed that they should not park in the fire lane.) > Do the company vehic/es parked on the site go away after work hours, or stay in the lot? (Chiu: They go away after the work hours.) > Is there a chance of overlap on the weekends? (Chiu: Unlike/y. The meetings are only two hours.) (Fung: Even if al/ the members who drove overlapped between meetings, the tota/ on average wou/d only be 36 members. The 31 on site and 10 valet spaces would be adequate.) > Are the two bathrooms on each f/oor adequate for the occupancy? (Fung: There is a sufficient num6er of fixtures in the building in total, but how they are distributed between the f/oors is not compliant. The Building Division has addressed this in its comments.) > The area at the back with the AT&T equipment shou/d be shown on the plan, as it could impact the parfcing and backup. (Fung: �11 show it correct/y on the plan.) > Expecting any growth in the congregation? (Chiu: wth the limited room at the site does not expect expansion. Has leased out the other spaces in the building assuming it will not be needed for the church.) Public Comments: CIty o/ Burlingame Page 1 Printed on 2/5l2020 Planning Commission Meeting Minutes January 13, 2020 > There were no public comments. Chair Comaroto closed the pub/ic hearing. Commission Discussion/Direction: > Commission has been in support of symbiotic uses where the overlap allows greater use of the facility in the off-hours. Can see that logic. Needs to have the revisions in the p/ans to eliminate the va/et parking on the side. > Variance application needs to be revisited. Does not show the exceptional circumstances. Needs to discuss the symbiotic relationship between fhe uses. Cou/d be he/pfu/ for making the findings for the variance application. > Perhaps something in writing indicating that the other tenant vehicles will not stay on site on the weekends. > Conditions of approval for the variance will be important. If the use changes, it might not work. There is not a lot of street parking available, at least on weekdays. > If the congregation grows and tenants leave, cou/d consider tying leases of the other spaces so that they do not all become assemb/y use. As a Study Item, there is no action. The item wiil return at a later date on the Regular Action Calendar. Clfy o/ Burlingame Page 2 Printed on 2/5/2020 David Fung, A.I.A, Architect 1118 Nilda Avenue, Mountain View, California 94040, USA p: 650 580 1077 f: 650 237 2171 email:dfungarch@sbcglobal.net January 21, 2020 City of Burlingame Planning Commission 501 Primrose Road Burlingame, CA 94010 Atten: Planning Commission Members & Catherine Keylon Re: Responses to Planning Commission Study Review comments to 859 Cowan Road Application for a Parking Variance and Conditional Use Permit for a church assembly use Comment No. / Comment Response 1. Verify that the number of bathrooms per is adequate for the proposed use under Building Code requirements Response: Similar question was asked by Building Division during their plan check review of the 859 Cowan Existing Conditions / Use Plans requesting confirmation based on the Occupant Load Factor and Occupant Use - including 'Assembly Use' under the Conditional Use Permit - at each floor level the number of existing plumbing fixtures on respective floors meet the minimum plumbing fixture requirements in the 2016 CPC Table 422.1. The number of existing plumbing fixtures on each floor level have been confirmed and noted accordingly on the respective floor level plans - First Floor Plan / A-2, Second Floor Plan / A- 3& Third Floor Plan / A-3 - meeting the minimum number of plumbing fixture requirements per 2016 CPC Table 422.1 for Occupant Load Factor for'B/Office' Occupant Use. Where 'Assembly Use' are proposed on the First Floor and Third Floor under the Conditional Use Permit, Building Division `signed off and accepted that Church Meetings / Assembly Use which occur on Sunday mornings only do not overlap with the 'B/Office' Occupant Use. On that basis, the number of existing plumbing fixtures at the respective first and third floor also meet the minimum number of plumbing fixture requirements for the Occupant Load Factor during 'Assembly Use' on Sunday mornings. The one non-complying requirement is the 2016 CPC Table 422.1 require a urinal fixture at each Men's Toilet Room which none of the designated existing Men's Toilet Room include since they're single-occupancy use. Church in Burlingame will add a urinal at each Men's toilet Room where occurs. 2 Show the existing AT&T utility are in the parking lot on the site plan Resaonse: Added the existing AT&T utility equipment �ocated against the 'backside' of 859 Cowan building - see Site Plan /A-1. 3. Remove the tandem parking shown on the site plan Response: Removed the proposed valet parking locations along east side of 859 Cowan building — see Site Plan / A-1 4. What is the anticipated growth? Response: Church in Burlingame have no plans to increase `Assembly Use' meeting rooms beyond what is proposed under this Conditional Use Permit request. Church in Burlingame cannot afford to lose the income stream (to pay their monthly mortgage loan obligation the Church in Burlingame took on with the purchased of 859 Cowan Road) generated by the commercial tenant leases at the current First Floor offices & warehouse and Second Floor offices. Current commercial leaseholders have 5 year leases which Church in Burlingame intend to renew to current or new tenants when leases expired. If and when church membership (does ever) grow beyond the . current'Assembly Use' capacity, Church in Burlingame recognize than the need to sell 859 Cowan Road (hopefully with a'nice' appreciation in their original purchase price) to afford purchase of a larger facility that can accommodate such growth (not a given or a church goal). 5. Revise variance application for parking to provide more detailed explanation about the °exceptional / extraordinary circumstances that justify a variance'. Response: Revised variance application for parking shortfall with more detailed explanation about the "exceptional / extraordinary circumstances that justify a variance — see updated Variance Application requesting waiver of 23 on-site parking spaces. 6U1YUN(iAME 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 ❑ Parcel #: 024-401-510 ❑ Other: PROJECT ADDRESS: 859 Cowan Road APPLICANT project contact person �1 OK to send electronic copies of documents ❑ Name: Andrew Chiu / Owner Rep Address: 859 Cowan Road City/State/Zip: Burlingame / CA / 94010 Phone: 650-288-2222 Fax: E-mail: AMCHIU@GMAIL.COM ARCHITECT/DESIGNER project contact person ❑ OK to send electronic copies of documents �1 Name: Address: City/State/Zip: Phone: Fax: PROPERTY OWNER project contact person ❑ OK to send electronic copies of documents ❑ Name: Church of Burlingame Address: $59 Cowan Road City/State/Zip: Burlingame / CA / 94010 Phone: Fax: E-mail: David Fung, AIA, Architect 1118 Nilda Avenue Mountain View / CA / 94040 650-580-1077 E-mail: DFUNGARCH@SBCGLOOBAL.NET * Burlingame Business License #: 33299 ' r� �..�' �. '_,: � _,. � � '�" �' '., _ � 2019 BURLIR!v AM� � ;�n�r'. i-•y: � � i . .. . ��V �. I . . � . . . PROJECT DESCRIPTION: Submit existing conditions / use 850 Cowan Road Building Plans requesting approval for 'Assembly' use @ Building by Church In Burlingame by application for Conditional Use Permit 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. Applicant's signature: Date: 6/4/19 I am aware of the proposed application nd authorize the above applicant to submit this application to the Planning Commission. Property owner's signature: Date: 6�4�19 Date submitted: yt 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. 5: �HANDOUTS�PC Application.doc David Fung, A.I.A, Architect 1118 Nilda Avenue, Mountain View, California 94040, USA p: 650 580 1077 f: 650 237 2171 email:dfungarch@sbcglobal.net September 15, 2019 City of Burlingame Planning Division 501 Primrose Road Burlingame, CA 94010 Atten: Catherine Keylon Re: Responses to Planning Division comments to 859 Cowan Road Application for a Parking Variance and Conditional Use Permit for a church assembly use Comment No. / Comment Response 1. Use (Code Section 25.43.030(e)) a. Beyond the use of the two meeting rooms on the first and third floor for assembly use by Church in Burlingame, all existing offices/ & warehouse to remain 'B' / S-1 occupancy. Church in Burlingame have NO plans to change status of the existing conditions and use as indicated in the 859 Cowan Road Existing Conditions / Use Plans. Added clarifications on the 859 Cowan Road Existing Conditions / Use Plans the current tenant space occupants / status and existing space use. b. 859 Cowan Road current tenant space occupants / status and existing space use as follows: Existing First Floor Status: First Floor offices are occupied by CDSCA Inc.; First Floor warehouse space have been leased to Ranker AMG; First Floor Meeting Room is occupied by Church in Burlingame as assembly use Existinq Second Floor Status: Second Floor office space have been leased to Ranker AMG. Existinq Third Floor Status: Third Floor office space is occupied by Church in Burlingame and will remain office use; Third Floor Meeting Room is occupied by Church in Burlingame as assembly use. c. First Floor warehouse space and Second Floor office space have been leased to Ranker AMG, another contractor whom will occupy / use the warehouse and office spaces similar to Rodan Builders. Church in Burlingame have NO intention / plans to occupy the entire building. Church in Burlingame occupy First Floor and Third Floor Meeting Rooms as assembly use and Third Floor office space Church in Burlingame's use of the Third Floor offices is strictly for local church administrative functions staff by local church 'volunteer' members. There are no full time or paid church staff. Church in Burlingame have NO intention / plans to utilize the First Floor warehouse space for assembly use. d. 859 Cowan Road will remain / be used 'as is'. Church in Burlingame have no plans for either new interior or exterior building improvements. 2 Design Review (Code Section 25.43.0520 859 Cowan Road will be used 'as is'. Church in Burlingame have no plans for either new interior or exterior building improvements. Added clarification notes on the 859 Cowan Road Existing Conditions / Use Plans plan conditions indicated are existing and there are no interior or exterior building improvements 3. Off-Street Parking (Code Section 25.70.030) a. Variance Application have been updated requesting waiver of the 23 on-site parking space shortfall that cannot be accommodated at 859 Cowan Road. b. Removed reference to the 10 on-site parking spaces the Church of Burlingame have leased from the owner of the nearby 1818 Gilbreath to meet on-site parking shortfall. The 10 leased on-site parking space will be used by Church in Burlingame for valet parking only during Sunday morning 'Assembly' meetings c. As described in the Variance Application requesting waiver of the 23 on-site parking space shortfalls, when on-site parking is full, valent parking service is provided by Church of Burlingame. The Church of Burlingame hold three Assembly `Meeting' sessions every Sunday morning at 9:30 am, 10:15 am & 11:00 am — members attending 'Meetings' do NOT all show up at once. On average 44 families driving vehicles to 859 Cowan to attend Sunday morning Assembly 'Meeting' sessions with the first two sessions being the most popular averaging 21 and 15 families respectively requiring a total of 36 parking spaces. Accounting for the overlapping meeting sessions with some members leaving later and some arriving early - the 31 on-site spaces do all get filled. Once full Church in Burlingame provide valet parking both on -site and at the nearby 1818 Gilbreath. Valet service is self-operated by church 'volunteer' members; Vehicles are valeted on-site (6 spaces — see A-1) and at 10 leased parking spaces at nearby 1818 Gilbreath site. The 46 combined parking spaces - 31 on-site parking spaces + 16 valet parking — is more than the total 36 families driving vehicles attending the first two sessions (even if they all choose to stay for stay during of ineeting sessions 1& 2— which is never the situation). See attached Church in Burlingame Parking Tabulation Summary with breakdown for church members driving vehicles to attend the three Sunday morning Assembly 'Meeting' sessions. 4. Commercial Application completed City of Burlingame • Community Development Department • 501 Primrose Road • P(650) 558-7250 • F(650) 696-3790 • www.burlinqame.orq �, _t i�'r .�,"r J .,�� CITY OF BURLINGAME CONDITIONAL USE PERMIT APPLICATION ��. �)39 .�� 4��L(iV�AME .�.rR_�?; :�n,ir4i:r�ir ._ The Planning Commission is required by law to make findings as defined by the City's Ordinance (Code Section 25.52.020). Your answers to the following questions can assist the Planning Commission in making the decision as to whether the findings can be made for your request. Please type or write neatly in ink. Refer to the back of this form for assistance with these questions. 1. Explain why the proposed use at the proposed location will not be detrimental or injurious to property or improvements in the vicinity or to public health, safety, general welfare or convenience. Church in Burlingame is requesting a Conditional Use Permit for'Assembly' use @ 859 Cowan Road, an office building & warehouse located in the 'IB' Zoning District on Sunday mornings to hold church member's gatherings / meetings and conduct seminars will not be detrimental or injurious to adjacent / said property or to public health, safety, general welfare or inconvenience to surrounding neighbors. Church gatherings are not boisterous and are generally very low key / quiet affairs. Members arriving by cars will all be accommodated with on-site parking and valet parking services. Church 'Assembly' meetings occurring on Sunday mornings will contribute minimally to traffic congestion in the area. Church gatherings at 859 Cowan Road, a fully sprinklered building with fire alarm system will not jeopardize public safety. With fully accessible toilet facilities public health will not be compromised or result in unsanitary conditions. 2. How will the proposed use be located and conducted in accordance with the Burlingame General Plan and Zoning Ordinance? Church in Burlingame is requesting a Conditional Use Permit for'Assembly' use @ 859 Cowan Road, located in the 'IB' Zoning District under City of Burlingame Zoning Section 25.43.030 Conditional uses to complement the current offices and warehouse use under City of Burlingame Zoning Section 25.43.020 Permitted use 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? Church in Burlingame is using 859 Cowan Road, an existing 3-story office + warehouse as is (see accompanying 859 Cowan Road Existing Conditions - Use Plans submitted with the PC Application for Condition Use permit). There is no renovation or change to the current building exterior appearance. Rev 06.2007 Handouts\Conditional Use Permit App.doc � BURIINGAME � COMMUNITY DEVELOPMENT DEPARTMENT • 5O'I PRIMROSE ROAD • BURLINGAME, CA 94010 p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org CITY OF BURLINGAME VARIANCE APPLICATION I2'� �t �� The Planning Commission is required by law to make findings as defined by the City's Ordinance (Code Section 25.54.020 a-d). 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. a. Describe the exceptional or extraordinary circumstances or conditions applicable to your property which do not apply to other properties in this area. The predominate use of other nearby properties are commercial office and warehouse use typical of the IB District. 859 Cowan Road is use no different with tenants having leased out majority of the building o�ces and warehouse operating Monday through Friday with occasional Saturday use. Otherwise said property is'vacanY on weekends. Church in Burlingame, Owner of 859 Cown Road, is requesting via their Conditional Use Permit application limited Church Meetings / Assembly Use at property on Sunday mornings. Holding Church Meetings / Assembly Use on Sunday mornings is an exceptional condition to the normal weekday business hours of the building tenants and other nearby property usages. Conducting Church Meetings on Sunday mornings have the added extraordinary circumstances of not aggravating on-site parking since building is'vacanY and not contribute to local street congestion since traffic is light. b. Explain why the variance request is necessary for the preservation and enjoyment of a substantial property right and what unreasonable property /oss or unnecessary hardship might result from the denial of the application. The variance application request waiving the 23 on-site parking space shortfall otherwise Church in Burlingame cannot hold Church Meeting/Assembly Use on Sunday mornings at 859 Cowan Road. The 23 on-site parking shortfall exist on'paper' only given the 25 on-site parking spaces required for the non-church commercial tenants of the leased building offices and warehouse NEVER overlap with the 29 on-site parking spaces required for Church in Burlingame assembly/office (weekends/weeknights only). With different operating hours, BOTH respective parking requirements are met by the 31 on-site parking spaces (supplemented by valet parking service provided by Church in Burlingame during their Sunday Church Meetings / Assembly Use if and when church members arrive early and/or'overstay' their specific meeting attendance). Approving the variance application is recognition of the symbiotic/harmonious use of the existing on- site parking and AVOID adding unnecessary parking to satisfy'paper' parking requirements under Burlingame Zoning Chapter 25.70. c. Explain why the proposed use at the proposed locafion will not be detrimental or injurious to property or improvements in the vicinity or to public health, safety, general welfare or convenience. The proposed 'Assembly' use by Church in Burlingame will not pose any public safety concerns with increased vehicle traffic and caused potential congestion in the 'IB' Zoning District areas surrounding 859 Cowan Road since church 'meetings' occur on Sunday mornings when pedestrian and vehicle traffic in the area is light. When church members driving to attend Sunday'meetings' exceed the 31 on-site parking available, Church in Burlingame have staff monitoring the on-site parking status, when full will offer valet parking service to alleviate any on-site parking shortfall. Valet parking service is operated by church 'volunteer' officials. Based on the most recent tally of attendance to Sunday 'meetings', parking requirements are averaging 44 families driving vehicles spread over three Church Meeting / Assembly Use sessions. d. 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? The proposed Church Meeting / Assembly Use on Sunday mornings will not required any alterations of the exterior of the 859 Cowan Road building, therefore will not change the existing building aesthetics, mass, bulk and character. Handouts\Variance Application.2008 Church Members Driving Vehicles to Attend Sunday Morning Assembly 'Meetings' Summary Vehicle # Household # Famil Attendees Meetin 1 Meetin 2 Meetin 3 1 Famil 1 4 X 2 Famil 2 5 X 3 Famil 3 3 X 4 Famil 4 4 X 5 Famil 5 2 X 6 Famil 6 3 X 7 Famil 7 1 X 8 Famil 8 1 X 9 Famil 9 1 X 10 Famil 10 � 1 X 11 Famil 11 �4 ' ' X 12 Famil 12 3 X 13 Famil 13 4 X 14 Famil 14 �4 X 15 Famil 15 2 X 16 Famil 16 1 X 17 Famil 17 1 X 18 Famil 18 1 X 19 Famil 19 1 X 20 Famil 20 4 X 21 Famil 21 1 X 22 Famil 22 2 X 23 Famil 23 2 X 24 Famil 24 4 X 25 Famil 25 1 X 26 Famil 26 2 X 27 Famil 27 1 X 28 Famil 28 � X 29 Famil 29 2 X 30 Famil 30 3 X 31 Famil 31 1 X 32 Famil 32 2 X 33 Famil 33 2 x 34 Famil 34 3 X 35 Famil 35 3- X 36 Famil 36 4 X 37 Famil 37 2 X 38 Famil 38 1 X 39 Famil 39 4 X 40 Famil 40 �1 X 41 Famil 41 2 X 42 Famil 42 1 X 43 Famil 43 2 X 44 Famil 44 1 X Total: � 21 Vehlcles 15 Venicles a venicies Names of Familes not given for privacy Church in Burlingame if required ��' � g � 8 PeoP� Pe�P�� Qcop�ei reasons but are available for viewing & validating by Church Members Driving Vehicles to Attend Sunday Morning Assembly'Meetings' Summary Vehicle # Household # Famil Attendees Meetin 1 Meetin 2 Meetin 3 1 Famil 1 4 X 2 Famil 2 5 X 3 Famil 3 3 X 4 Famil 4 4 X 5 Famil 5 2 X 6 Famil 6 3 X ' 7 Famil 7 1 X 8 Famil 8 1 X 9 Famil 9 1 X 10 Famil 10 1 X 11 Famil 11 4 X 12 Famil 12 3 X 13 Famil 13 4 X 14 Famil 14 4 X 15 Famil 15 2 X 16 Famil 16 1 X 17 Famil 17 1 X 18 Famil 18 1 X 19 Famil 19 1 X 20 Famil 20 4 X 21 Famil 21 1 X 22 Famil 22 2 X 23 Famil 23 2 X 24 Famil 24 4 X 25 Famil 25 1 X 26 Famil 26 2 X 27 Famil 27 1 X 28 Famil 28 1 X 29 Famil 29 2 x 30 Famil 30 3 X 31 Famil 31 1 X 32 Famil 32 2 X 33 Famil 33 2 X 34 Famil 34 3 X 35 Famil 35 3 X 36 Famil 36 4 X 37 Famil 37 2 X 38 Famil 38 1 X 39 Famil 39 4 X 40 Famil 40 1 X 41 Famil 41 2 X 42 Famil 42 1 X 43 Famil 43 2 X 44 Famil 44 1 X Total: 98 21 Vehicles 15 Vehicies 8 Vehicles Names of Familes not given for privacy reasons but are available for viewing & validating by Church in Burlingame if required Community Development Dept. ■ 501 Primrose Road ■ Burlingame, CA 94010 ■ P:650.558.7250 ■ F:650.696.3790 ■ www.burlinqame.orq `� ��R�`��AM� COMMERCIAL APPLICATION ,-� � �,� r,� �n,r n�n;. � PLANNING COMMISSION APPLICATION SUPPLEMENTAL FORM 1. Proposed use of the siteChurch in Burlingame is requesting a Conditional Use Permit for'Assembly' use @ 859 Cowan I zone or o ice an ware ouse use un er oning istrict 2. Days and hours of operation Church Assembly 'Meetinq' sessions are held SundaV morninqs from 9am - Noon 3. Number of trucks/service vehicles to be parked at site (by type) See attached average church member attendance with vehicles / there no heavy trucks 4. Current and projected maximum number of employees (including owner) at this location: 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 Weekends Full-time Church in Burlingame ave no full tim staff / operatio s are all staff y Part time church olunteer mem ers whom mai ly come on we kends 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): See attached average church member attendance Church members park on-site and/or are valet 7. Where do/will the owner and employees park? parked when on-site parkinq is full Church members park on-site and/or are valet 8. Where do/will the customers/visitors park?� arked when on-sitP,_,�arking_js full 9. Present or most recent use of site 859 Cowan Rd is used as offices & warehouse per'IB' Zoni 10. List other tenants on property, their number of employees, hours of operation (attach a list if more room is needed) CDSCA, Inc have 5 employees; Ranker AMG may have uptp 15 employees; operation on weekdays 7am - 6pm Commercial Application.doc � CITY O �� ! � -=.`" � ��-� �'_''� �9vuwn Project Address: Description From: Project Comments — Planning Application 859 Cowan Road, zoned IB, APN: 024-401-510 Request for Conditional Use Permit for a church use and Variance for parking. Christine Reed Fire Dept. Please address the following comments at this time; provide a written response and revised plans with your resubmittal: Six spaces on left side of building are blocking a required fire access lane to the rear of the building- remove from proposal. The following comments do not need to be addressed now, but you should be aware of them as they will need to be addressed at time of building permit submittal. 2 3 Assembly uses must comply with California Building Code exiting requirements from assembly rooms to the public way, including construction, components and distance requirements. Confirmation of requirements will be reviewed during building permit plan review. Define type of use and/or storage for the warehouse. Additional requirements may apply depending on use/storage. Fire sprinkler system must have current 5-year certification inspection by time of occupancy. Reviewed By: Christine Reed Date: 6-22-19 650-558-7617 � CITY O ' �� ,`„ ; �'�, �,-� ��o� _ A� OpfJpnt Project Address: Description: From: Project Comments - Planning Application 859 Cowan Road, zoned IB, APN: 024-401-510 Request for Conditional Use Permit for a church use and Variance for parking. Martin Quan Public Works Engineering Please address the following comments at this time; provide a written response and revised plans with your resubmittal: a. No further comments at this time. The following comments do not need to be addressed now, but you should be aware of them as they will need to be addressed at time of building permit submittal. s. Any work in the City right-of-way, such as placement of debris bin in street, work in sidewalk area, public easements, and utility easements, is required to obtain an Encroachment Permit prior to starting work. Porta potty's are not allowed to be placed in the City right-of-way. 6. Construction hours in the City Public right-of-way are limited to weekdays and non-City Holidays between 8:00 a.m. and 5:00 p.m. for all activities (including hauling). Reviewed By: Martin Quan Date: 10/29/19 650-558-7245 RESOLUTION APPROVING CATEGORICAL EXEMPTION, CONDITIONAL USE PERMIT AND PARKING VARIANCE RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a Categorical Exemption has been prepared and application has been made for Conditional Use Permit and Parkinq Variance for a church use in an existinq buildinq at 859 Cowan Road Zoned IB (Inner Bayshore) The Church in Burlinaame, propertv owner, APN: 024-401-510; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on February 10, 2020, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that: On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this Commission, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, and categorical exemption, per CEQA Section 15301 - Existing facilities, Class 1(a) of the CEQA Guidelines, which states that interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances are exempt from environmental review, is hereby approved. 2. Said Conditional Use Permit and Parking Variance are approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Condominium Permit and Parking Variance are set forth in the staff report, minutes, and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. Chairperson I, , Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 10th day of Februarv, 2020 by the following vote: Secretary EXHIBIT "A" Conditions of Approval for Categorical Exemption, Conditional Use Permit and Parking Variance 859 Cowan Road Effective February 20, 2020 Page 1 that the church use at 859 Cowan Road shall be limited to a total of 1,320 SF of assembly area with 382 SF on the first floor (meeting room) and 938 SF on the third floor (meeting room) as shown on the plans submitted to the Planning Division and date stamped January 27, 2020; 2. that any expansion of the assembly use beyond 1,320 SF within the building at 859 Cowan Road, as shown on the plans submitted to the Planning Division and date stamped January 27, 2020, shall require that the applicant first apply for an amendment to the existing Conditional Use Permit; 3. that the 31 on-site parking spaces as shown on the p�ans date stamped January 27, 2020 shall be utilized to meet the parking demand of the church use prior to utilizing on-street; sheet A-1 on the plans date stamped January 27, 2020, note that 10 additional parking spaces may be provided off-site on a separate nearby property, however this agreement is not recognized by the City of Burlingame and these 10 spaces are not counted toward meeting the parking requirement; 4. that the Conditional Use Permit shall apply only to a church use and shall become void if the church use is replaced by a permitted use, or is ever demolished or destroyed by catastrophe or natural disaster or for replacement; 5. that all activities associated with the church use shall occur indoors only and that no portion of the on-site parking areas shall be used for activities other than parking; 6. that any changes to the floor area, use, or hours of operation, maximum occupancy, or number of vehicles generated which exceeds the maximums as stated in the application materials and conditions shall require an amendment to this Conditional Use Permit; 7. that the project shall meet all the requirements of the California Building and Uniform Fire Codes, in effect at the time of building permit submittal, as amended by the City of Burlingame; 8. that all signage shall require a separate permit from the Planning, Public Works and Building Divisions; and 9. that the conditions of the Building Division's October 28, 2019 memo, the Fire Division's June 22, 2019 memo, and the Public Works Division's October 29, 2019 memo shall be met. 6��. CITY OF BURLINGAME � COMMUNITY DEVELOPMENT DEPARTMENT BURLINGAME 501 PRIMROSE ROAD �"-�i BURLINGAME, CA 94010 . PH: (650) 558-7250 � FAX: (650) 696-3790 www.burlingame.org , Site: 859 COWAN ROAD The City of, Burlingame Plonning tommission announces the PUBLIC HEARING` - following public hearing on'MONDAY, FEBRUARY 10, 2020 NO7•�CE at 7:00 P.M. in the City Hall Council (hambers,'i01 Primrose Road, Burlingame, CA: Application for a Conditional Use Permit and Parking Voriance for'o church use in an existing building at ' 859 COWAN ROAD zoned 16. APN 024.401.510 '`Mailed: January 31, 2020 (Please refer to other side) ' Citv of Burlingame A copy of the application and plans for this`project may be reviewed prior to the meeting at the Community Deve(opment Department at 501 Primrose" Road, Burlingame, California. If you challenge the subject application(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing, described in the notice or in written correspondence delivered to the city'at or prior,to the public hearing. Property owners who receive this notice are responsible for informing their tenants about this notice. For additional information, please call (650) 558-7250. Thank you. Kevin Gardiner, AICP ' Community Development Direciar PUBLIC HEARING NOTICE (Please refer fo other side) 0 859 Cowan Road 300' noticing APN #: 024.401.510 � �� .,�, ,��' � � � .... ; ,i '_. . ..�'� Ink. ilt.n.il . / � �� J ,� '..� r ,� �(' / �� x '?�' `,� f' .� �,I . i / , .`. t�� I , J� '' �. i ♦ � � �i �O / ♦ � q � D � I ! I I I � ,. /-� �I ♦' /�� .�' �� i " .r � r ��,s� r�:i � �-� �`� � � ��., d�� ''_� Is J a �� . � '�, /`, '"�{A t?� l'�� `r' �. �9 �r a O.. "� ^� �''G, >� ca ":e._ �'/ � � ��a p�V �� .s 5 �� qi 4ti r .` � 90 Y I7�, '".Y .r•• / / � �� sJ� '. ' �� 9�� { �� J �.1� 4� . `�1 .' �'. ��d O Q �.p�� a� d� Q� �J� � , �Q� fP-�`,: '� �,'_; l''�' � . � �6 O �� k H �� P� % 0��,� \ ," r� �G� � �` J �, 41� YJ �4n �� ,., � �n � i`' �[ Item No. 6a Study Item City of Burlingame Conditional Use Permit and Parking Variance Address: 859 Cowan Road Meeting Date: January 13, 2020 Request: Application for Conditional Use Permit and Parking Variance for a church use in an existing building. Applicant: Andrew Chiu APN: 024-401-510 Property Owner: The Church in Burlingame Lot Area: 21,000 SF (120' x 175') General Plan: Innovation/Industrial Zoning: IB Site History: A complaint was received regarding an assembly use (church) and cars blocking the parking lot driveway aisle at 859 Cowan Road on December 17, 2018. The Building Division inspected the property on January 8, 2019 and noted no building code violations and observed no indications of recent construction. A Notice of Violation was issued on January 10, 2019 related to the church use on the property because assembly uses require approval of a Conditional Use Permit in the IB (Inner Bayshore) zoning district. A Conditional Use Permit and Parking Variance application for the church use was received by the Planning Division on June 4, 2019. Project Description: The Church in Burlingame (The Church) has submitted applications for a Conditional Use Permit and Parking Variance for approval of a church use in an existing office building at 859 Cowan Road, zoned IB (Inner Bayshore). While church uses are not explicitly listed as a permitted or conditional use in the IB zoning district, Code Section 25.30.030 (i) states that the following are conditional uses in the IB zone: Any use similar in nature to one which is permitted or for which a permit is required in this district at a density determined not to exceed the frip generation for the planned use of the lot using the adopted Bayfront traffic analyzer. A church use has been determined to be similar in nature and performance characteristics to a convention and exhibition facility, which is a conditional use in the IB district per C.S. 25.30.030 (e). A church is defined in Code Section 25.08.183 as "any building wherein persons regularly assemble for religious worship, and which is maintained and controlled by a religious body or organization to sustain public worship." Because a convention and exhibition facility is considered an assembly use and is allowed in the IB zone with approval of a Conditional Use Permit, a church use is considered to be a use similar to a convention and exhibition facility and is therefore also allowed with approval of a Conditional Use Permit. The subject property at 859 Cowan Road is an interior lot with a three-story building and 31 on-site parking spaces along the left side and rear of the property. The building contains approximately 8,400 SF of office, 3,500 SF of warehouse space and 1,300 SF of assembly space. There are currently three tenants using the building: • 1 S� floor — CDSCA Inc, - credit card and ATM processing service - office use • 1 St floor — Ranker AMG - glazing contractor/architectural cladding - warehouse use • 2"a floor — Ranker AMG - office use • 3�d floor — Church in Burlinqame - office & assembly use Project Operations: The Church is requesting approval to use the first floor and third floor meeting rooms for assembly (church use). The first floor meeting room measures 382 SF and can accommodate a maximum of 26 people. The third floor meeting space measures 938 SF and can accommodate a maximum of 63 people. The Church is also using the entire office space 1,939 SF) located on the third floor. The church use is primarily occurring on Sunday mornings, with services held at 9:30 a.m., 10:15 a.m. and 11:00 a.m. The office space on the third floor is used exclusively by The Church. While there are no permanent full time employees, the office space is used periodically in the evenings and weekends by church volunteers. There are no plans for interior or exterior alterations to the building. ,Conditional Use Permit and Parking Variance 859 Cowan Road Parking: The applicant has provided an estimate of the overall attendance and parking demand for each service. The data below was collected on site by the applicant. Event Estimated Number of Estimated Number of Vehicles People 9:30 a.m. Sunday service 21 39 10:15 a.m. Sunday service 15 38 11:00 a.m. Sunday service 8 18 The site is currently nonconforming in parking, with 31 on-site parking spaces provided where a total of 36 spaces are required based on the legal uses that were previously occupying the site. Intensification of the previous 1,320 SF of office use (1:300 SF parking ratio) to a church use (1:60 SF parking ratio)) increases the parking requirement by an additional 18 spaces and changes the overall parking demand on the site to 54 spaces, where 31 spaces are provided. Therefore, the applicant is seeking a Parking Variance for 23 spaces. The two other businesses that occupy the building, Ranker AMG and CDSCA, Inc., operate weekdays from 7:00 a.m. to 6:00 p.m. RankerAMG has up to 15 employees and CDSCA, Inc. has five employees. RankerAMG has a six year lease and CDSCA, Inc. has a long term lease, with no changes expected in the next five years. In their application materials, the applicant notes that the highest intensity of use on the property by The Church occurs when the other two business on site are not in operation. Therefore, no anticipated overlap between the office/warehouse uses and church use is expected. Given the current church attendance and the on-site parking available, it appears that most of the church's parking demand can be met on-site. During times when the on-site parking is occupied, The Church is proposing to have staff monitor the on-site parking, and when it is full, they were hoping to I offer valet parking for up to six vehicles on-site and 10 vehicles off-site. The six vehicles on-site were proposed to be parked within the 20'-6" drive aisle that surrounds the building, resulting in a 12-foot drive aisle when the six cars are valeted on the site. However, the Fire Marshal has stated that they cannot utilize this space for valet parking as it would block a required fire access lane to the rear of the building. The plans will be revised for the next Planning Commission action hearing to eliminate the six valet spaces shown on the site plan. The applicant has coordinated with the adjacent property owner at 1818 Gilbreth to use 10 parking spaces on Sundays, when most of the office businesses on that site are closed. However, because 1818 Gilbreth Road received a Parking Variance for a 49-space deficiency in 2018, we cannot count these 10 spaces because the calculations do not support 1818 Gilbreth Road having a surplus to provide parking to any other site given their deficiency. � The applicant is requesting the following applications: ■ Conditional Use Permit to operate a church use in an existing building (similar in nature to convention and exhibition facilities, (C.S. 25.26.030 (e) and (i)); and ■ Parking Variance for a 23 space parking deficiency for a church use (C.S. 25.70.038). This space intentionally left blank. � Conditional Use Permit and Parking Variance 859 Cowan Road 859 Cowan Road Lot Area: 21,000 SF Plans date stam ed: October 24, 2019 EXISTING PROPOSED I ALLOWED/REQUIRED Conditional Use Permit for a use similar to a permitted or Church use in portion of conditional use in the IB zone Use: Office/Warehouse building (in addition to (C.S. 25.43.030) - existing office/warehouse) convention and exhibition facilities are a conditional use and a church is similar to this use' Office Office 36 total required spaces for 9,719 SF/300 SF = 32.3 8,399 SF/300 SF = 27.99 existing offices / warehouse Warehouse Warehouse ----------------------------------- 3.529 SF/1.000 SF = 3.5 3,529 SF/1,000 SF = 3.5 Parking: Assembly 54 total required spaces for 1,320 SF/60 SF = 3.5 offices/warehouse/assembly 36 spaces required 54 spaces required 31 spaces provided " 31 spaces provided 2 (valet and off-site spaces proposed do not count) " Existing nonconforming ' Conditional Use Permit required for church use in an existing building (CS 25.26.030 (e) and (i)). 2 Parking Variance for a deficit of 23 spaces (31 spaces existing/provided where 54 spaces are required based on intensification of use from office to church use). Staff Comments: See attached. 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. 3 Conditional Use Permit and Parking Variance 859 Cowan Road Required Findings for Variance: In order to grant a Variance the Planning Commission must find that the following conditions exist on the property (Code Section 25.54.020 a-d): (a) there are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the same district; (b) the granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship; (c) the granting of the application 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; and (d) that the use of the property will be compatible with the aesthetics, mass, bulk and character of existing and potential uses of properties in the general vicinity. Catherine Keylon Senior Planner c. Andrew Chiu, applicant David Fung, architect Attachments: Application to the Planning Commission Conditional Use Permit Application Parking Variance Application Commercial Application Staff Comments Notice of Public Hearing — Mailed January 3, 2020 Area Map 4 �� BIJR4t1VGAME � . � COMMUNITY DEVELOPMENT DEPARTMENT • 5O1 PR�MROSE ROAD • BURLINGAME, CA 94010 p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org CITY OF BURLINGAME' VARIANCE APPLICATION �� The Planning Commission is required by law to make findings as defined by the City's Ordinance (Code Section 25.54.020 a-d). 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. a. Describe the exceptional or extraordinary circumstances or conditions applicable to your property which do not apply to other properties in this area. Church in Burlingame is requesting a Conditional Use Permit for'Assembly' use @ 859 Cowan Road, located in the 'IB' Zoning District which permit office and warehouse uses only (per Code Section 25.43.020(g) &(h)). The proposed 'Assembly' use require on-site parking of 22 spaces (per Code Section 25.70.038). The remaining 'Office' and 'Warehouse' space require 32 on-site parking spaces (per Code Section 24.70.040). Totat of 54 on-site parking spaces are required. 859 Cowan Road have 31 on-site parking spaces. There is a shortfall of 23 on-site parking spaces. Variance application request waiver of the 23 on-site parking space shortfall. b. Explain why the variance request is necessary for the preservation and enjoyment of a substantial property right and what unreasonable property /oss or unnecessary hardship might result from the denial of the application. ie variance application request waiving the 23 on-site parking space shortfail on the basis the Church in Burlingame's use of the oposed 'Assembly' space (on the First and Third Floor) for church 'meetings' on Sunday mornings and the Third Floor'Office' spaa r local church administrative functions on weekends and occasional weeknights only, staffed by local church 'volunteer' members hom have full time jobs elsewhere during the weekdays, never'overlap' with the non-church tenant use of the 'Office' and Jarehouse' spaces on the First & Second Floor. On that basis, the 23 on-site parking shortfall is only on 'paper' given the 25 on-site �rking spaces required by the non-church tenants and the 29 on-site parking spaces required by Church of Burlingame (per parkinc quirements under Chapter 25.70) never'overlap' and both respective parking requirements are met by the 31 on-site parking spacE id supplemented by valet parking service provided by Church in Burlingame during Sunday Church Assembly meetings c. Explain why the proposed use at the proposed location will not be detrimental or injurious to property or improvements in the vicinity or to public health, safety, general welfare or convenience, The proposed 'Assembly' use by Church in Burlingame will not pose any public safety concerns with increased vehicle traffic and caused potential congestion in the 'IB' Zoning District areas surrounding 859 Cowan Road since church 'meetings' occur on Sunday mornings when pedestrian and vehicle traffic in the area is very light. When church members driving to attend Sunday 'meetings' exceed the 31 on-site parking available, Church in Burlingame have staff monitoring the on-site parking status, when full will offer valet parking service to alleviate any parking shortfall. Valet parking service is operated by church 'volunteer' officials. Based on the most recent tally of attendance to Sunday 'meetings', parking requirements are averaging 44 families driving vehicles spread over three Assembly 'Meeting' sessions. See Response Letter regarding valet parking service offered by Church of Burlingame. d. 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? The proposed 'Assembly' use will not required any alterations of the exterior of the 859 Cowan Road building, therefore will not change the existing building aesthetics, mass, bulk and character. Handouts\Variance Application.2008 � CITY � � �� :� � � ,�_ ��e�,� �9vown Project Address Description: From 859 Cowan Road, zoned IB, APN: 024-401-510 Request for Conditional Use Permit for a church use and Variance for parking. Rick Caro III Building Division Please address the following comments at this time; provide a written response and revised plans with your resubmittal: No comment at this time The following comments do not need to be addressed now, but you should be aware of them as they will need to be addressed at time of building permit submittal. Note: Provide a second floor plan which includes the exit path of travel and the exit path of travel for all floors to the exterior of the building. 10) Illustrate compliance with the minimum plumbing fixture requirements described in the 2016 California Plumbing Code, Chapter 4, Table 422.1 Minimum Plumbing Facilities and Table A- Occupant Load Factor. Note: Revise the drawing to reflect the required urinal plumbing fixtures per 2016 CPC Table 422.1. 11) Show compliance with all accessibility regulations found in the 2016 CBC"for existing buildings including: n,.,.e �:t�to ....+�,� „c+.....,oi 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 12) 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. 2016 CPC §422.2 #2. c. Business and Mercantile occupancies with a total occupant load of 50 or less, including customers and employees, one toilet facility, designed for use by no more than one person at time, shall be permitted for use by both sexes. 2016 CPC §422.2 #3. Project Comments — Planning Applicafion Note: Identify the Accessible restrooms for the women on the floor plan. 13) Provide details on the plans which show that the entire site complies with all accessibility standards. NOTE: If full accessible compliance cannot be achieved, complete a Request for Unreasonable Hardship. 14) Provide two completed copies of the Mandatory Measures with the submittal of your plans for Building Code compliance plan check. In addition, replicate this completed document on the plans. Note: On the Checklist you must provide a reference that indicates the page of the plans on which each Measure can be found. BMC 18.30.040, 18.30.045 & 18.30.050 15) Place the following information on the first page of the plans. "Construction Hours" Weekdays: 8:00 a.m. — 7:00 p.m. Saturdays: 9:00 a.m. — 6:00 p.m. Sundays and Holidays: No Work Allowed (See City of Burlingame Municipal Code, Section 18.07.110 for details.) (See City of Burlingame Municipal Code, Section 13.04.100 for details.) Construction lzours in tlze City Public riglit-of-way are limited to weekdays and non-Ciry Holidays between 8:00 a.m. and 5:00 p.m. 16) 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 on the Job Copy of the plans prior to performing the work. 17) Acknowledge that anyone who is doing business in the City must have a current City of Burlingame business license. 18) Acknowledge that when you submit your plans to the Building Division for plan review, that a completed Supplemental Demolition Permit Application will be provided. NOTE: The Demolition Permit will not be issued until a Building Permit is issued for the project. 19) Show the distances from all exterior walls to property lines or to assumed property lines 20) Show the dimensions to adjacent structures. 21) On the frst page of the plans clearly state whether ANY public money, of any kind, will or will not be used to construct this project. 22) No change shall be made in the use or occupancy of any building unless such building is made to comply with the requirements of the California Building Code for the use or occupancy. Changes in use or occupancy in a building or portion thereof shall be such that the existing building is no less complying with the provisions of this code than the existing building or structure was prior to the change. 2016 CEBC §407.1 Note: If the change in occupancy classification includes a change in "Occupancy Category" as prescribed in 2016 CBC Table 1604.5 then a complete seismic upgrade of the existing building shall be required. 23) Specify on the plans the location of all required accessible signage. Include references to separate sheets on the plans which provide details and graphically illustrates the accessible signage requirements. Reviewed By: Rick Caro III Date: October 28, 2019 650 558-7270 � 0 ��. CITY OF BURLINGAME COMMUNITY DEVELOPMENT bEPARTMENT , BURLINGAME 501 PRIMROSE ROAD �� BURLINGAME,��CA94010 �� PH:I(650) 558-7250 • FAX: (650) 696-3790 ' www.burlingame.org . � , Site: 859 COWAN ROAD ; The City of Burlingame Planning Commission announces =the PUBLIC HEARING ' following public hearing on MONDAY, JANUARY 13, 2020 at NQTICE ' T:00 P.M. in the City, Hall Council Chambers, SO1 Primrose Road, Burlingame, CA: ` Application for a Conditional Use' Permit and Parking Variance for a church use at ' 859 COWAN ROAD zoned IB. APN 024.4D1.510 '-Mailed:'Januarp 3, 2020 ' ' (Please refer to other side) Cify of Burlingame A copy of the application and plans for this project may be reviewed prior to the meeting at the Community DevelopmentDepartment'at 501 Primrose Road, Burlingame, California. . If you challenge the subject application(s) in cou�t, you may be limited to raising only those issues you or somevne else raised at the public hearing, described in the notice or in written correspondence tlelivered to the city at or priorto the public hearing. Property owners who receive this notice are responsible for informing their tenants about this notice. For additional informa#ion, pfease ca�l (650) 558-7250. Thank you. Kevin Gardiner, AICP Community Development,;Director PUBLIC HEARING NOTICE (Please refer to other side)