The URL can be used to link to this page

Home My WebLink About1230 Broadway - Resolution� 3 � ,; . �y � 1 . - AUG 1 3 2003 WI�REAS, a categorical exemption has been proposed and application has been made for a conditional use pernut to a11ow for a food establishment located ai�1230 Broadway , zoned Gl, Broadway Commercial Area , APN: 026-094-160; Theodore, T'homas and Nicola Koros , property owners. WHEREAS, the Planning Commission held a public hearing on said application on July 14, 2003, at which time said application was approved; WHEREAS, this matter was appealed to the City Council and a hearing thereon held on August ____4,2003..,_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 hereby RESOLVED and DETERMIlIED by this Council that: 1. On the basis of the Initial �tudy and the documents submitted and reviewed, and comments received and addressed by this commission, it is hereby found that there is no substantiai evidence that the project set forth above will have a significant effect on the environment, and a categorical exemption per CEQA Article 19, Categorically Exempt per section 15301 — Existing facilities , Class 1(a), interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances 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 as set forth in the staff report, minufes 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 af San Mateo. /` MA OR RESOLUTION APPROVING CATEGORICAL EXEMPTIO� E G E I v E p and CONDITIONAL USE PERNIIT RESOLVED b the CTTY COt7NCIL of the Ci of Burlin ame that: C I T Y 0 F B U R L I N G A M E Y tY g PLANNING DEPT. ► . ! y • ► \ � ' 1 1 I, DORIS MORTENSEN, Acting City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a'regular meeting of the City Council held on the 4 th day of August, 2003, and adopted thereafter by the foilowing vote: AYES: COUNCILMEMBERS COFFEY, 6AI.LIGAN, JANNEY, O'MAHONY NOES: COUNCILMEMBERS ABSENT: COLTNCILMEMBERS NONE BAY[.oC�R CITY CLERK � , .� , EXHIBIT "A" Conditions of approval for categorical exemption and conditional use permit. 1230 Broadway effective July 24, 2003 that the project shall be built as shown on the plans submitted to the Planning Department and date stamped May 12, 2003 site plan, floor plan and building elevations; with a total tenant space of 2,147 SF, with the addition of a rear entrance which is ADA compliant as approved by the Chief Building Official; 2. that the conditions of the Recycling Specialist, City Engineer, and Fire Marshal's memos dated May 12, 2003 shall be met; 3. that this business shall be occupied by a limited food service with a total of 516 SF of oirsite seating, 341 SF of indoor seating and 175 SF of outdoor patio seating, and seating and tenant space azea shall be enlarged orily by an amendment to this conditional use permit; 4. that this limited food service may change its food establishment classification only to a full service restaurant or bar with approval of a conditional use permit amendment; 5. that the business may be open Monday through Thursday from 5:30 a.m. to 10:00 p.m., Friday from 5:30 a.m. to 11:00 p.m., Saturda.y 6:00 a.m. to 11:00 p.m. and Sunday from 6:00 a.m. to 10:00 p.m., with a maximum of five employees, including the manager, on-site at any one time; 6. that this business shali be responsible for immediately cleaning any coffee or other beverages spills that result on the public right-of-way in front of this location; and that if a cleanliness problem arises the operator shall steam clean the public sidewalk on a scheduie appro.ved by the City; 7. that all deiiveries to the site shall be from the rear of the store, shall not result in double pazking along Broadway and shaIl not exceed 5 deliveries per week; 8. that should security become a probiem or the use become a public nuisance the operator shall provide on-site security during the hours of operation and shall work with the City to develop the most effective solution to the problern and the applicant shall provide on-Osite 24 hours a day, a surveillance camera with video and make this information available to the City for law and code enforcement; 9. that an amendment to this conditional use permit shall be required for sale of food prepared on this premise; , 10. that there shall be no food sales allowed at this location from a window or from any opening within 10' of the property' line; :• 11. that if this site is changed from any food establishment use to any other retail use, a food establishment shall not lse replaced on this site and this conditional use permit shail become void; � ' - i� _, �, . � EXHIBIT „A" Conditions of approval for categorical exemption and conditional use permit. 1230 Broadway effective July 24, 2003 . 12. that the applicant shall purchase and maintain at least daily, more often if necessary, a trash receptacle inside the door. to the store and a ixash receptacle on the sidewa�lc along Broadway at a location approved by the Gity Engineer and Fire Deparhnent, and the trash receptacle on the sidewalk shall be of the design approved for the streetscape improvements and installed as required by the City; 13. that the applicant shall remove once a day or more frequently, if determined to be necessary by the City, all debris on the sidewalk, in the gutter, and within 50' of the store in each direction; 14. the store operator shall have the sidewalk area in front of the store power washed once a month, or more. frequently as determined by the City should it become a problem; 15. that the applicant shall post signs at the front of the store to notify customers of the availability of parking at the rear of the store and in public lots on Paloma; i 6. that the indoor seating area sha11 have no more than 23 seats and the outdoor seating area shall have no more than 9 seats; � 17. that a bicycle/strolIer staging area sha11 be established within the outdoor seating area; the staging area shall be separated from the seating area hy a railing and shall be posted with a sign identifying it for stroller/bicycle parking; 18. that six months after the store opens, the applicant shall meet with the City Planner to discuss security and parking impacts from the business, the results of that meeting shall be reported to the Planning Commission for review; 19. that before scheduling the final inspection of the tenant improvements the applicant shall provide a traffic and parking study of the Broadway comdor between El Camino Real and California Drive, the study shall include a baseline survey done prior to the store opening; and six months after the store opens a follow-up study shall be done including observing if there are dangerous turns being made on the street, occurrences of double parking or an increase in the queue length at Broadway and California Drive; neither the baseline or follow-up studies shall be done during a holiday weekend or between Thanksgiving and Christmas; 20. that the business shall be evaluated for compliance with the condi#ions 6 months after the store opens and annually thereafter for five years or anytime upon complaint; 21: that the use and any improvements for the use shall meet all California Building and Fire Codes, 2001 Edition as amended by the City of Burlingame.