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HomeMy WebLinkAbout1230 Broadway - Staff Report�� �'Tr p.� STAFF IZEPURT s4!�ca�E o� ,4 �� 6' To: HONORABLE MAYOR AND CITY COUNCIL sus�r�n BY nA�: JULY 25 2003 FxoM: CITY PLANNER APPROVED BY AGENDA ITEM # MTG. DATE 8.04.03 sus.r�cr. APPEAL OF THE PLANNING COMIVIISSION'S APPROVAL OF A CONDTITONAL USE PERNIIT FOR A CHANGE IN TYPE OF FOOD ESTABLISffiVI�NT AND FUR SIZE OF SEATING AREA AT 1230 BROADWAY,ZONED C-1, BROADWAY COMIV�RCIAL AREA. RECONIlV�NDATION: The City Council should hold a public heazing and take action. Affirmative action should be by resolution and include findings for the conditional use permit for a change in food establishment types and in operating criteria. The reasons for any action should be clearly stated for the record. Action alternatives and the criteria for findings for a conditional use permit are attached at the end of the staff report. Conditions recommended by the Planning Commission to be Considered at the Public Hearing: 1. 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; 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 on-site seating, 341 SF of indoor seating and 175 SF of outdoor patio seating, and seating and tenant space azea sha11 be enlarged only 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., Saturday 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 shall be responsible for immediately cleaning any coffee or other beverages spills that result on the pubZic 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 schedule approved by the City; APPEAL OF THE PLANNING COMMISSION'SAPPROI�AL OFA CONDITIONAL USE PERMIT FOR A CAANGE IN � TYPE OFFOOD ESTABLISHMENT AND FOR SIZE OFSEATINGAREA AT 1230 BROADWAY,ZONED C-1, BROADWAYCOMMERCIALAREA AUGUST4, 2003 7. that a11 deliveries to the site shall be from the rear of the store, shall not result in double parking along Broadway and shall not exceed 5 deliveries per week; 8. that should security become a problem 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 problem and the applica.nt 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 sha11 not be replaced on this site and this conditional use pernut sha11 become void; 12. that the applicant sha11 purchase and maintain at least daily, more often if necessary, a trash receptacle inside the door to the store and a trash receptacle on the sidewalk along Broadway at a location approved by the City Engineer and Fire Department, 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; 16. that the indoor seating area shall have no more than 23 seats and the outdoor seating area shall have no more than 9 seats; 17. that a bicycle/stroller staging area shall be established within the outdoor seating area; the staging area shall be separated from the seating area by a railing and shall be posted with a sign identifying it for stroller/bicycle pazking; 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 corridor between El Camino Rea1 and California Drive, the � APPEAL OF THEPLANNING COMMISSION'SAPPROYAL OFA CONDITIONAL USEPERMIT FORA CAANGEIIV � TYPE OFFDOD ESTABLISHMENT AND FOR SIZE OFSEATINGAREA AT 1230 BROADWAY,ZONED C-1, BROADWAY COMMERCIAL AREA AUGUST 4, 2003 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 conditions 6 months after the store opens and annually therea.fter for five years or anytime upon complaint; and 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. Planning Commission Action At their meeting on 7uly 14, 2003, the Planning Commission held a public hearing and voted 7-0 on a voice vote to approve the conditional use permit for a limited service food establishment with 516 SF on site. In their action the commission amended the conditions of approval to have a review for compliance with the conditions in six months after opening and an annual review of the permit for five years; to require the applicant to pick up "all debris" on the sidewalk and in the gutter at the front and for 50 feet on either side of the business; required the applicant to prepare a base line study of e�sting parking and tr�c including queuing on Broadway before the store opens and a follow up to determine impact six or more months after the store opens-findings should be reviewed by the Commission; and applicant should create a staging/parking axea for bicycles and strollers in the outside seating area, reducing the number of sea.ts to 9 in that area. In their action the Commissioners found that it is not the Planning Commission's role to regulate competition between businesses, but to look at the compliance with the city's zoning ordinance. The proposed application meets the requirements of the zoning ordinance, the 516 SF of seating area is reduced by the creation of a staging/parking area for bicycles and strollers; and if any unusual parking or traffic problems are created the application will be reviewed within six to nine months of the business opening and the conditions of approval can be amended by the Planning Commission. BACKGROUND: History: In October 1999, the City Council adopted Ordinance 1619 which fixed the location of all food establishments in the Burlingame Avenue and Broadway Commercial areas. This same ordinance made all food establishment uses conditional uses. In Mazch 2000, consistent with the recently adopted revisions to the food establishment regulations for the Broadway Commercial Area a conditional use permit defining the parameters of operation of the business including 900 SF of seating, was granted for a full service food establishment at 1230 Broadway. Recently this business ceased operating at this location. Under Ordinance 1619 a full service food establishment may change to a limited food establishment or bar. Operating characteristics were adopted for each type of food establishment. In the case of a limited service food establishment the performance criteria are: a business which sells food which is ready to eat such as sandwiches, frozen deserts or beverages served in edible, plastic or dispvsable containers with (1) no commercial kitchen (2) no commercial dish washer; (3) take out food service only; and (4) an indoor seating APPEAL OFTHEPLANNING COMMISSION'SAPPROI�AL OFA CONDITIONAL IISEPERMIT FORA CHAIVGEIN � TYPE OFFOOD ESTABLISHMENTAND FOR SIZE OFSEATINGARF..4 AT 1230 BROADWAY,ZONED Gl, ' BROADWAY COMMERCIAL AREA AUGIIST 4, 2003 azea of less than two hundred-fifty (250) square feet. With a conditional use permit approved by the City some of these operating criteria may be modified. Project: The applicant, Vitae Architecture and Zeden Jones of Starbucks Coffee, is requesting to operate a limited food service business at 1230 Broadway, zoned C-1, Broadway Commercial Area. The business will occupy one of the three tenant spaces (the one farthest from the corner) in the building. The space is 2,543 SF with an 18'-2" storefront on Broadway. The storefront fa�ade will be modified to provide for 175 SF of seating on- site but between the public right-of-way (sidewalk) and entry door to the business and 341 SF of seating area inside the front door, for a total of 516 SF of on-site seating area. The business will be open Monday thru Thursday from 5:30 a.m. to 10:00 p.m., Friday from 5:30 a.m. to 11:00 p.m., Saturday from 6:00 a.m. to 11:00 p.m. and Sunday from 6:00 a.m. to 10:00 p.m.. Goods would be delivered to the store by truck 3 to 5 times a week. During the week and on the week end there will be 3 to 4 employees on site. This number would increase in two years to 5 employees on site and in five years it will increase to 6 employees. They anticipate 300 customers a day on week days, and 275 customers a day on week-ends. The maximum number of people on site at one time is expected to be 20. The site is non-conforming is parking. There a.re five parking spaces on the site located at the rear of the building. Two of the five have been limited by the property owner to 30 minute parking to accommodate the high turn over parking demand of the customers of all the businesses on the site. Since the use in the vacant tenant space will remain a retail use there is no requirement that more on-site parking be provided; the nonconforming parking condition will continue. The applicant is seeking the following: o Conditional use permit for changing food establishment classification from a full-service to limited food service with different operating conditions; and o Conditional use permit for variation from the limited food service operating criteria (250 SF of on-site seating allowed, where 516 SF —341 SF indoors and 175 SF outdoors on site) is proposed. Staff Comments: All of the seating requested in this conditional use permit is on-site, some of it inside the recessed front door and some of it located between a low wall on site along the sidewalk and the recessed front door. The sidewalk on Broadway is nanower than on Burlingame Avenue, and for this reason in many places is not suitable for the 2 foot encroachment for outdoor seating seen along Burlingame Avenue. In addition, the tenant space being leased has only an 18'-2" street frontage, as a result commercial design review is not required. The commercial design review requirement is not employed until the store frontage is 25 feet long at the entrance. In their review the Planning Commission added a number of conditions. These reflect the issues that they heazd from the public and observed themselves. The issues for which additional requirements were added included: - Trash management, pick up and maintaining a clean sidewalk in front of the store including monthly power washing. - Parking impacts APPEAL OF THE PLANNING COMMISSION'SAPPROI�AL OFA CONDITIONAL USE PERMIT FOR A CHANGE IN � TYPE�OFFOOD ESTABLISHMENTAND FOR SIZE OFSEATINGAREA AT 1230 BROADWAY,ZONED GI, ` BROADWAYCOMMERCIALAREA AUGUST4, 2003 - Circulation impacts including tr�c backing up on Broadway, illegal maneuvers, jay walking - Providing a place on site in the outer seating area to keep customer bicycles and strollers from blocking the sidewalk - Being responsive and working with the city to promptly address any security problems - Reviewing the operation on a regular basis These concerns were discussed and addressed in revisions to the conditions of approval. The City Attorney noted at the meeting that the type of ownership of a business (corporation, franchise, family, individual) cannot be a factor in its review; the compliance of the business with the operating criteria designated for the type of food establishment, in this case limited food service, is an appropriate basis for approval or denial. ATTACHII�NTS: Action Alternatives and Criteria for a Conditional Use Permit Monroe letter 7uly 24, 2003, to Ted Koros, TSTN Partnership, setting appeal hearing. Monroe letter 7uly 24, 2003 to David Arimanino, setting appeal hearing Planning Commission Minutes, July 14, 2003 Nicholas Koros letter 7uly 14, 2003, to the Planning Commission, merchant survey attached 7ohn Kevranian letter June 9, 2003, to the Planning Department Planning Commission StaffReport, July 14, 2003, with attachments Notice of Appeal Hearing, 71 mailed notices, July 25, 2003, notices posted on Broadway light poles Resolution ��; ��TY o � � �,�.,H�� ti ' �e � �o �� 6' TO: FROM: DATE: 5UBJECT: PLANNING DEPARTMENT MEMORANDUM CITy COUriCII City Planner, Meg Monroe �� m• July 28, 2003 Procedure for Setting Appeals of Planning Commission Actions When City Council Cancels a Meeting As was discussed when the City Council changed the appeal period for Planning Commission actions from "the next regularly scheduled Council meeting" to 10 calendar days following the Planning Commission action, the time between Commission action and Council hearing can become quite extended when a Council meeting is cancelled. In order to speed up final action on those actions approved by the Planning Commission, the Council regularized the appeal period to 10 calendar days following the Commission action. This works well for items which are approved by the Commission and uncontested. However, for items approved by the Commission ansi app�a?�d to Council, cancellation of a Council meeting can still cause long delays. For example, in the case of the application at 1230 Broadway for an limited food service business, the Planning Commission acted on July 14, 2003. The 10 day appeal period ended on July 24, 2003. The item was appealed on July 22, 2003. Since Council will cancel the August 18, regulaz meeting, if Council were to follow a two step process of setting the appeal hearing at one meeting and holding the hearing at the next, this item would not be heard until September 2, 2003. That means that the applicant is delayed for 50 days before they can commence to the next step; or 40 days beyond the end of the appeal period. For this reason staff would suggest the following procedure for setting appeal hearings when Council cancels a regular meeting: - Planning staff deternune that there is sufficient time between the receipt of appeal and the end of the appeal period and the ne�rt Council meeting to meet public noticing requirements; at least 10 days notice is required and it takes staff2 to 3 days to prepare notices (longer if newspaper notice is required); - If there is sufficient time, check with the City Manger, City Clerk and Mayor to determine that there is space on the agenda for the appeal hearing on the next regularly scheduled Council meeting; or, if noticing deadlines cannot be met, to place it on the Council agenda for setting the appeal hearing date. If there is not sufficient time for noticing, the City Council can set the hearing date at the intervening regular Procedure jor SedingAppeals of Planning Commission Actions When City Council Cancelc a Meekng July 28, 2003 Council meeting. If a two step process (Council setting the hearing at one meeting and holding the hearing at the next) is used; an action acted on by the Commission on July 14 would be set for hearing on August 4 and a public appeal hearing held on August 18. This is a lapse of 35 days; or 25 days from the end of the appeal period. By comparison with the old rules and a normal meeting schedule the lapse time between a Commission action on 7uly 14 and Council action would be 3 5 days (set hearing on August 4, act on August 18). The lapse time from the end of the appeal period would be slightly greater, 28 days. For this reason staff does not see any reason to change the two step process for most normal operations. One important distinction with the recently approved 10 day appeal deadline, is that an appeal can be processed immediately. It is not necessary to wait for the ne�rt Council meeting. Therefore, if the appeal arrives and the noticing requirement can be met, it can be pushed ahead to the ne�ct regularly scheduled Council meeting; thus speeding up the review process. 2 �i' � GC,O10 � � �� � �. 1219 Broadway Burlingame, CA 94010 7/21/2003 Dear Council Members: m � RECEIVED JUL 2 3 2003 � TY �1N�G ME 1 would like to appeal the Planning Commission's July 14th deasion to permit Starbucks to open an establishment on the 1200 block of Broadway: . Si rely, David Armanino Owner Home Phone: 558-0891 P�`�`� S�� ��fi� �<�;�;�� . �-� m��,r-;,�� �-D I�� �� c�i /iZr � G rU ��, v .133� �4(orh� f��/� ��r'li,�sa m � � C/� ol Lf vl o �h�� r, -- , ., . . ,f � CtiY �� � � � � �� � `^��-�[._. � � r i •s � e ty �� 0 �roww�s The City of Burlingame CITY HALL 501 PRIMROSE ROAD T'EL: (650) 558-7250 PLANNING DEPARTMENT BURLINGAME, CALIFORNIA 94010-3997 FAX: (650) 696-3790 July 24, 2003 TSTN Partnership Ted Koros 2885 Hillside Drive Burlingame, CA 94010 Deaz Mr. Koros, An appeal has been filed on the Planning Commission's July 14, 2003 decision on the proposed food establishment at 1230 Broadway, zoned C-1 Broadway Commercial Area. A public hearing will be held on August 4, 2003 at 7:00 p.m. in the Council Chambers, 501 Primrose Road, Burlingame, CA. We look forward to seeing you there to present your project. Please call me if you have any questions. Sincerely yours, �� �._ Mazgazet Monroe City Planner MM/s APPLHRCC.acc c: City Clerk Nick Koros Mark Hudak Zeden Jones, Starbucks Coffee Vitae Architecture � C�1`Y �s� :-� r � �� ��, ..: , ��. '' k� .; 4�;i ` •_s +vo•w.ao � The City of Burlingame CITY HALL 501 PRIMROSE ROAD T'EL: (650) 558-7250 PLANNING DEPARTMENT BURLINGAME, CALIFORNIA 94010-3997 FAX: (650) 696-3790 July 24, 2003 David Armanino 1333 Paloma Avenue Burlingame, CA 94010 Deaz Mr. Armanino, This letter acknowledges receipt of your appeal of the Planning Commission's July 14, 2003 decision on the proposed food establishment at 1230 Broadway, zoned C-1 Broadway Commercial Area. A public hearing will be held on August 4, 2003 at 7:00 p.m. in the Council Chambers, 501 Primrose Road, Burlingame, CA. We look forward to seeing you there. Please call me if you have any questions. Sincerely yours, � V" �� �� Margaret Monroe City Planner MMIs APPLHRCC.acc