Loading...
HomeMy WebLinkAbout1236 Broadway - Staff ReportItem # � � Address: 1236 Broadway Meeting Date: 3/27/00 Request: Conditional use permit for an existing food establishment in the Broadway commercial area at 1236 Broadway, zoned C-1, Broadway Commercial Area (C.S. 25.36.040, fl. Name of Food Establishment: Burrito Broadway/Broadway Food Center APN: 026-094-160 Property Owner: Theodore Koros Lot Dimensions and Area: 13,772 SF Zoning: C-1 General Plan: Commercial, Shopping and Service Adjacent Development: Retail/Service Commercial 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 for an existing food establishment as required by Ordinance 1619. The Food Establishment Table by Type defined the food establishment located at 1236 Broadway as follows: � Business Name: • Business Address: • Category: • Seating Area: CITY OF BURLINGAME CONDITIONAL USE PERMIT Burrito Broadway/Broadway Food Center 1236 Broadway Limited Food Service Establishment none The current food establishment located at 1236 Broadway, Burrito Broadway/Broadway Food Center, is classified as Limited Food Service with no on-site seating. Burrito Broadway is located inside the Broadway Food Center and had never applied for a take-out food service permit. In the July 1998 survey for Bunito Broadway/Broadway Food Center reviewed by the merchant, it was noted that at this premise food is ordered and paid for before consumption and that food is served in paper/plastic containers. At the time information was gathered for the survey, staff noted that there was no on-site seating. The hours of operation for the business were from 10:00 a.m. to 8 p.m., Monday through Conditional Use Permit 1236 Broadway Saturday and closed on Sunday, with a maximum of three employees on site at any one time. During the public hearings on the ordinance and implementing tables, the merchant noted that for a period of time approximately 50 SF was dedicated for on-site customer seating. At the time of the hearing, staff visited the site and found no on-site seating. PROPOSED EXISTING ALLOWED/REO'D Use: Limited Food Service (Burrito Broadway/Broadway Food Center) Seating Area: none Limited Food Service (Burrito Broadway/Broadway Food Center) *food establishment requires a conditional use permit none up to 250 SF with a conditional use permit amendment * 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 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 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. 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 therefor 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 �� Conditional Use Permit I236 Broadway 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. 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 limited food service establishment is a part of an existing grocery store business, with no on-site seating; it may change its food establishment classification only to a full service restaurant or bar with approval of a conditional use permit for the establishment; 2. that up to 250 SF of on-site seating may be added to the limited food service establishment only by an amendment to this conditional use permit; 3. that an amendment to this conditional use permit shall be required for delivery of prepared food from this premise; 4. that there shall be no food sales allowed at this location from a window or from any opening within 10' of the property line; 5. 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; 6. that the applicant shall provide daily litter control along all frontages of the business and within fifty (50) feet of all frontages (front and rear) of the business; 7. 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; 8. that this limited food service establishment may be open from 10:00 a.m. to 8 p.m., Monday through Saturday and closed on Sunday, with a maximum of three employees on site at any one time; and 9. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes, 1998 Edition, and as amended by the City of Burlingame. Ruben G. Hurin Planner c: Burrito Broadway/Broadway Food Center, applicant Theodore Koros, property owner � CITY OI' BURI_INGAME A copy of tlle ap��licati�m titld plans for this project may bc re��ie���d pri�i- to the i��eeting at the Plannin� Depv-tmer�t at 501 Primrose Road. Burliiigame, Califoi-nia. � If you challenge the si�bject application(sj�in court, you may be limited to raising only'those issties you or somcone else raised at the ��ublic. hearin�, described iri the �notice or in wrilten �correspondence delivered to the ciry at or prior to the public hearing. Property owners who receive tliis notice.are respoiisible for inYorming their tenants about this notice. For additional information; please call (650) 696-7250. Thank yqu. , �.. ���* ; ; o : �, �` '� a: f. � � , . x L x.!-tt !N� �d Margaret Monroe. �� ��r � City Planner � �-s� �____.r.. �+�,� PUBLIC�HEARING NOTICE (Please refer to otl2er s•icle) �rF, ciTr o� CITY OF BURLINGAME PLANNING DEPARTMENT BURLJNS'.AME 501 PRIMROSE ROAD � BURLINGAME, CA 94010 �•• TEL: (650) 696-7250 1`3b PROADWAY AF�N:0�6-054-160 Applic�tion for a conditional use per�it fo,�'UBLIC HEARING an existing food establishraent in the Proadway NOTICE comAercial area at 1�36 Proadway, zoned C-1, Hroadway Co�mercial Area. The City of Burlinga�e Planning Cow�ission announces the following public hearing on ���t1� M o n d ay, March 27, 2000 at 7: 00 R. M. i n t h e �:X�(2�; i y a ounci a�hers located at 501 �j;j��32• Grimrose Road, Burlingame, California. ~�~•� , Mailed March 17, 20� ; (Please refer 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�ermit for an existin food establishment classified as a Limited Food Service Establishment at 1236 Broadwa zoned C 1 Broadwav Commercial Area APN� 026-094-160� Theodore Koros. 2225 mmi Drive, Hillsborou�h CA 94010 propertT ner; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on March 27, 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 DETERMINED by this Planning Commission that: 1. On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this commission, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, and Categorical Exemption, per 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 conditions 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. 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 Kei�hran , 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 27th day of March, 2000 , by the following vote: AYES NOES AB SENT COMNIIS SIONERS : COMIVIIS SIONERS : COMMIS SIONERS: SECRETARY EXHIBIT "A" Conditions of approval for categorical exemption and conditional use permit. 1236 BRo�.nwAY effective Apri13, 2000 1. that this limited food service establishment is a part of an existing grocery store business, with no on-site seating; it may change its food establishment classification only to a full service restaurant or bar with approval of a conditional use permit for the establishment; 2. that up to 250 SF of on-site seating may be added to the limited food service establishment only by an amendment to this conditional use permit; 3. that an amendment to this conditional use permit shall be required for delivery of prepared food from this premise; 4. that there shall be no food sales allowed at this location from a window or from any opening within 10' of the property line; 5. 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; 6. that the applicant shall provide daily litter control along all frontages of the business and within fifty (50) feet of all frontages (front and rear) of the business; 7, 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; 8, that this limited food service establishment may be open from 10:00 a.m. to 8 p.m., Monday through Saturday and closed on Sunday, with a maximum of three employees on site at any one time; and 9. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes, 1998 Edition, and as amended by the City of Burlingame.