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Home My WebLink AboutStaff ReportItem � CITY OF BURLINGAME CONDITIONAL USE PERMIT Address: 1230 Broadway Meeting Date: 3/13/00 Request: Conditional use permit for an existing food establishment in the Broadway commercial area at 1230 Broadway, zoned C-1, Broadway Commercial Area (C.S. 25.36.040, �. Name of Food Establishment: Golden China Restaurant Property Owners: Theodore Koros Lot Dimensions and Area: 13,772 SF General Plan: Commercial, Shopping and Service Adjacent Development: Retail/Service Commercial [�� 1_. 1•� _.SI; Zoning: C-1 CEQA Status: Article 19. Categorically Exempt per Section: 15301 - Existing Facilities, Class 1, operation of existing private structures involving negligible or no expansion of use beyond that previously existing. Ordinance: In October 1999, the City Council adopted Ordinance 1619 which makes all food establishments in the Broadway commercial area and Burlingame Avenue commercial area, Subarea A, conditional uses. The City Council also adopted Resolution 111-1999, which includes a Food Establishment by Type Table establishing the location, type and seating area for each food establishment in each commercial area. The ordinance requires that these establishments obtain conditional use permits to reflect the requirements of the new ordinance. In order to facilitate, for merchants and property owners, the transition to the new requirements and to provide them with an opportunity to clarify their establishment's operation, the City has initiated the conditional use permit application at no cost to the owner or merchant. Summary: This application is for a conditional use permit as required by Ordinance 1619. The Food Establishment Table by Type defined the food establishment located at 1230 Broadway as follows: • Business Name: Golden China Restaurant • Business Address: 1230 Broadway • Category: Full Service Food Establishment � Seating Area: 990 SF The current food establishment located at 1230 Broadway, Golden China Restaurant, is classified as Full Service with 990 SF of on-site seating. In the July 1998 survey for Golden China Restaurant reviewed by the merchant, it was noted that at this premise food is ordered and paid for after consumption and that food is served by waiters on ceramic plates with metal flatware. The hours of operation for the business were from 11:00 a.m. to 10:00 p.m., seven days a week, with a maximum of three employees on site at any one time. During the public hearings on the ordinance and implementing tables, the information on the survey gathered by Planning staff was not disputed by the merchant or property owner. Conditional Use Permit Use: Seating Area: PROPOSED Full Service (Golden China Restaurant) 990 SF EXISTING Full Service (Golden China Restaurant) 990 SF I230 Broadway ALLOWED/REO'D *food establishment requires a conditional use permit 990 SF * Conditional use permit required for food establishment in the Broadway commercial area. Meets all other zoning requirements. Staff Comments: The City Engineer, Chief Building Official and Fire Marshal reviewed the ordinance and classifications and had no comments. Changes to existing tenant improvements will require additional city review. Criteria for a Conditional Use Permit: In order to grant a Conditional Use Permit the Planning Commission must fmd 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. Findings for This Conditional Use Permit: Since the current regulations limit the number of food establishments to those in the Broadway commercial area as of November 1999 as approved by City Council Resolution No. 111-1999 on October 18, 1999, and this business meets those criteria; the business will operate within the limits established by that ordinance; the use will not be detrimental to the city's objective of promoting pedestrian oriented retail activity in this commercial area and therefore will be in compliance with the general plan for the area; and since the business shall be required to comply with all the city regulations including providing trash receptacles and litter maintenance in the surrounding area, signage, meeting building code requirements, and adhering to County health requirements, the operation will be compatible with the public's health and safety as well as with the character of the commercial area. ra C�nditional Use Permit 1230 Broadway Planning Commission Action: The Planning Commission should hold a public hearing. Affirmative action should be taken by resolution. The reasons for any action should be clearly stated for the record. At the public hearing the following conditions should be considered: 1. that this business location presently occupied by a full service food establishment, with 990 SF of on-site seating may change its food establishment classification only to a limited food service or bar upon approval of a conditional use permit for the establishment change; the criteria for the new classification shall be met in order for a change to be approved; 2. that the 990 SF area of on-site seating of the full service food establishment may be enlarged or extended to any other areas within the tenant space only by an amendment to this conditional use permit; 3. that this food establishment shall provide trash receptacles as approved by the city consistent with the streetscape improvements and maintain all trash receptacles at the entrances to the building and at any additional locations approved by the City Engineer and Fire Department; 4. that the applicant shall provide daily litter control along all frontages of the business and within fifty (50) feet of all frontages of the business; 5. that an amendment to this conditional use permit shall be required for delivery of prepared food from this premise; 6. that there shall be no food sales allowed at this location from a window or from any opening within 10' of the property line; 7. that if this site is changed from any food establishment use to any retail or other use, a food establishment shall not be replaced on this site and this conditional use permit shall become void; 8. that this full service food establishment may be open from 11:00 a.m. to 10:00 p.m., seven days a week, with a maximum of three employees on site at any one time; and 9. that the project shall meet all the requirements in effect at the time of the California Building and Fire Codes, and as amended by the City of Burlingame. Ruben G. Hurin Planner c: Golden China Restaurant, applicant Theodore Koros, property owner 3 C17Y UF B URL/NGAME A copy of Che application and plans for this project may be reviewed prior to the meeting at the Plannin� llepart�uent at 501 Primrose Road, Bl�rlingame, California. If you challenge��the subject applic�tion(s) in court, you may be limited to raising only those issues you oi• so�neone else rais�d at the public hearing, described in the uotice or in written correspondenre delivered to the city at or prior to the public hearing. Property owners who receive this notice are responsiGle for informing theii- tenants about this notice. For additional information, ple�ise call (650) 696-7250. Thank you. ..., .,. , . . ... , s �� Mlrgaret Monroe ;��%��► �y '�� City Planner - � �� PUBLIC HEARING NOTICE (Please refer to otlier sicle) �:��, ciTY a;�. CITY OF BURLINGAME �BURLJNS'iAME PLANNING DEPARTMENT 501 PRIMROSE ROAD . o��• BURLINGAME, CA 94010 TEL: (650) 696-7250 i`„k & 1�3� BROAUWAY AF'N:►��b—�94-1E4.� PUBLIC HEARING ApGlicatian for conditionai �_�se permits for NOTICE existing fvod establishmEnts in the Broaciway commercial ar�ea at 1�30 �nd 1�3c Proadway, zoned C-1, Praadway Commercial Area. The City of P�_irlingame Rlanning Commission €��,��i� anno�.mces the following public hearing on �.��: Monday, March 13, �00� at 7:00 P. M. in the �Z�;j�t3)' i y a ounci ambers located at 5Q�1 •-��• � ....... . Rrimrose Road, P��rling�me, California. Mailed March 3, c'�0 (Ylensc� refe�� to otHer side) 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 a conditional use permit for an existin� food establishment classified as a Full Service Food Establishment at 1230 Broadway. zoned C-1, Broadway Commercial Area. APN: 026-094-160� Theodore Koros, 2225 Summit Drive, Hillsborou�h. CA 94010,�roperty owner; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on March 13, 2000, 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 DETERiV1INED 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 Article 19. 15301 - Existing Facilities, Class 1, operation of existing private structures involving negligible or no expansion of use beyond that previously existing is hereby approved. 2. Said conditional use permit is approved, subject to the conditio�s set forth in Exhibit "A" attached hereto. Findings for such conditional use permit are as set forth in the 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, Ann Keighran , 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 13th day of March, 2000 , by the following vote: AYES NOES COMMIS SIONERS : COMMIS SIONERS : ABSENT: COMMISSIONERS: SECRETARY EXHIBIT "A" Conditions of approval for categorical exemption and conditional use permit. 1230 BROADWAY effective March 20, 2000 that this business location presently occupied by a full service food establishment, with 990 SF of on-site seating may change its food establishment classification only to a limited food service or bar upon approval of a conditional use permit for the establishment change; the criteria for the new classification shall be met in order for a change to be approved; 2. that the 990 SF area of on-site seating of the full service food establishment may be enlarged or extended to any other areas within the tenant space only by an amendment to this conditional use permit; that this food establishment shall provide trash receptacles as approved by the city consistent with the streetscape improvements and maintain all trash receptacles at the entrances to the building and at any additional locations approved by the Ciry Engineer and Fire Department; 4. that the applicant shall provide daily litter control along all frontages of the business and within fifty (50) feet of all frontages of the business; 5. that an amendment to this conditional use permit shall be required for delivery of prepared food from this premise; 6. that there shall be no food sales allowed at this location from a window or from any opening within 10' of the property line; 7. that if this site is changed from any food establishment use to any retail or other use, a food establishment shall not be replaced on this site and this conditional use permit shall become void; 8. that this full service food establishment may be open from 11:00 a.m. to 10:00 p.m., seven days a week, with a maximum of three employees on site at any one time; and 9. that the project shall meet all the requirements in effect at the time of the California Building and Fire Codes, and as amended by the City of Burlingame. March 13, 2000 City ojBurlingame Planning Commission Nfinutes 1200 BROADWAY, ZONED C-1, BROADWAY COMMERCIAL AREA - CONDITIONAL iJSE PERMIT FOR AN EXISTING FOOD �PABLI�SHME DN �IC DUCOSS TR, ROPERTY OWNER ) (GRACE GARDEN RESTAUR.AN , �1230 BROADWAY, ZONED C-1, BROADWAY COMMERCIAL AREA - CONDITIONAL USE PERNIIT FOR AN EXISTING FOOD ESTABLIS��VIENT IN THE BROADWAY COMl��RCIAL AREA (GOLDEN CHINA RESTAURANT, APPLICANT AND THEODORE KOROS, PROPERTY OWNER} 1232 BROADWAY, ZONED G1, BROADWAY COMMERCIAL AREA - CONDITIONAL USE PERMIT FOR AN EXISTING FOOD ESTABLISI��NT IN THE BROADWAY C011rIlV1ERCIAL AREA (PIZZA ETC., APPLICANT AND THEODORE KOROS, PROPERTY OWNER) 1318 BROADWAY, ZONED G1, BROADWAY COMMERCIAL AREA - CONDITIONAL USE PERMIT FOR AN EXISTING FOOD ESTABLIS�IlVIENT IN THE BROADWAY CONIlVIERCIAL AREE1 (CAFE FIGARO, APPLICANT AND MARILYN OLCESE ET AL, PROPERTY OWNER) 1320 BROADWAY, ZONED C-1, BROADWAY COMMERCIAL AREA - CONDITIONAL USE PERNIIT FOR AN EXISTING FOOD ESTABLISF�NT IN THE BROADWAY CONIlVIERCIAL AREA (BUA THONG KITCHEN, APPLICANT AND ERNEST A. SCHEPPLER TR, PROPERTY OWNER) 1355 BROADWAY, ZONED C-1�, E RO�AL S�� ROADW Y COONIlV�RCOI AREA PERMIT FOR AN EXISTING FOO (JUN RESTAURANT AND SUSHI BAR, APPLICANT AND MARIO AND HELGA N. CROCCO TRS, PROPERTY OWNERS) 1150 PALOMA AVENUE, ZONED G1, BROADWAY COMMERCIAL AREA - CONDITIONAL USE PERMIT FOR AN EXISTING FOOD ESTABLIS�IMENT IN THE BROADWAY CONIlVIERCIAL AREA (MATSUSANO APPLICANT AND KOWK L WONG PROPERTY OWNERI C. Osterling moved approval of the consent calendar, with the project at 2004 Davis Drive removed, based on the facts in the staff report, commissioners comments and the findings in the staff reports with recommended conditions in the staff report and by resolution. The motion was seconded by C. Vistica. Chair Luzuriaga called for a voice vote on the motion to approve and it passed 5-0-2 (Cers. Bojues, Deal absent). Appeal procedures were advised. Consent item concluded at 7:50 p.m. REGULAR CALENDAR 2004 DAV�S DRIVE, ZONED I�1 - APPLICATION R�R DESIGN REVIEW FOR A FIRST ♦ TTT T/1 A ATT\ Reference staff re rt, 3.13.00, with atta�l�ments. City Planner ' cussed the report, re wed criteria and Pl�uung Department comme . Three conditions w�xe suggested for consi ration. Commission h no questions of staff. C� an Luzuriaga open the public hearing. L'u%oln Lue, architect, 15 -33rd Avenue, repres ed the project with Stell ung, the property o er. He noted that the hcuuse is presently very s 11, 2 bedrooms and o bath for a famiiy with t e children, other hous in the area are much'targer; the owner likes 's design arrived at t ugh the design review pr ess. Commissioner as ed, before the city esiablished design review we aw a lot of examples houses built to the maxi m of the zoning limits 'th over bearing design, this house has some these qualities e.g. a ont facade with lot of it s which come towar he street such as three rows of bay windows, id you consider softe � g those fe u blen etter with the neighb hood; architect noted did not want to look li what was there whi is old faslu d, plain, w ted design to be more gant, do not feel that t�.is is a"monster" it m ts your code require nts, city standards do not ow monster houses, u d a larger scale (1/8") iti;the drawings to show etail, perhaps this ma es the house look more imposing than the typical s aller scaled drawings; c�nmissioner's noted t at there are ways in the -4- �� '� I��•' i� �ti�w� q� ~c �� y R�owwr ��LL� �� J.l..1/�L.i1.�LL�� CITY HALL - 501 PRIMROSE ROAD TEL: (650) 558-7250 PLANNING DEPARTMENT BURLINGAME, CALIFORNIA 94010-3997 FAX: (650) 696-3790 February 25, 2000 Manager Golden China Restaurant 1230 Broadway Burlingame, CA 94010 Dear Sir or Madam, In October 1999, the City Council adopted Ordinance 1619 which makes all food establishments in the Broadway commercial area and Burlingame Avenue commercial area, Subarea A, conditional uses. This ordinance requires that each food establishment in these commercial areas obtain a conditional use permit. Attached you will find a staff report prepared by City Planning staff for a conditional use permit for Golden China Restaurant, located at 1230 Broadway. Before adoption of this ordinance, city staff surveyed each food establishment in the Broadway commercial area and evaluated the criteria existing on the site. We would request your confirmation that the information in the staff report reflects your current application. Specifically, the seating area in your business, the hours of operation, and the number of employees. We would ask that you also carefully consider the conditions of approval listed for your business. These conditions of approval are found at the end of the staff report and include proposed conditions of approval. If you have any corrections or questions about the permit process we are following, please call Ruben Hurin in the Planning Dept. at (650) 558-7256 at your earliest convenience or no later than Friday, March 3, 2000. We expect that this item will be placed on the Planning Commission consent calendar for action at their March 13, 2000 meeting. Thank you in advance for your assistance. Please do not hesitate to call. Sincerely yours, �� Ruben Hurin Planner Attachments: Staff Report with Attachments Ordinance 1619 Adopted October 18, 1999 c. Theodore Koros, property owner