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Home My WebLink About1251 Broadway - Staff ReportItem �:f_ CITY OF BURLINGAME AMENDMENT TO CONDITIONAL USE PERMIT Address: 1251 Broadway Meeting Date: 2/28/2000 Request: Amendment to a conditional use permit for an existing food establishment in the Broadway commercial area at 1251 Broadway, zoned C-1, Broadway Commercial Area (C.S. 25.36.040, �. Name of Food Establishment: Lobos Taqueria APN: 026-193-300 Property Owner: Kwok L. Wong Lot Dimensions and Area: 8,826 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. Some of the existing food establishments within these areas already have conditional use permits for take-out, delivery services and/or expansions. The ordinance requires that these establishments obtain amendments to their existing 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: In April 1992, the City Council approved a conditional use permit and parking variance for a food establishment (Coffee Stop) at 1249A Broadway (March 16 and April 6, 1992 C.C. Minutes). In November 1998, the Planning Commission approved a conditional use permit to allow extended hours of operation for Lobos Taqueria at 1251 Broadway (new address, same tenant space as 1249A Broadway) (November 9, 1998 P.C. Minutes). Since Lobos Taqueria currently has a conditional use permit, this application is for an amendment to the existing conditional use permit as required by Ordinance 1619. The Food Establishment Table by Type defined the food establishment located at 1251 Broadway as follows: • Business Nanae • Business Address • Category: Lobos Taqueria 1251 Broadway Specialty Shop Food Establishment � Seating Area: 530 SF Amendment to Conditional Use Permit 1251 Broadway The current food establishment located at 1251 Broadway, Lobos Taqueria, is classified as a Specialty Shop with 530 SF of on-site seating. When the July 1998 survey was conducted, this tenant space was in the process of being leased to Lobos Taqueria. Based on its business operations, Lobos Taqueria meets the criteria of a Specialty Shop Food Establishment. During the public hearings on the ordinance and implementing tables, the information gathered by Planning staff was not disputed by the merchant or property owner. PROPOSED Use: Specialty Shop (Lobos Taqueria) Seating Area: 530 SF EXISTING Specialty Shop (Lobos Taqueria) 530 SF ALLOWED/REO'D *food establishment requires a conditional use permit 530 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 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 and then as approved by City Council Resolution No. 111-1999 on October 18, 1999, and this business meets those criteria and 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 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, meet building code requirements, and adhering to the County health requirements, the operation will be compatible with the character of the commercial area. 2 Amendment to Conditiona[ Use Permit 1251 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 (conditions from the previous conditional use permit are in italics, changes to these are shown in standard type face): 1. that this business location, occupied by a specialty shop with 530 SF of on-site seating may be replaced by another specialty shop at the same location within the same or less leased square footage subject to the conditions of the existing conditional use permit, or shall be allowed to change to a different type of food establishment with a new conditional use permit; and that if this specialty shop food establishment is changed to any other type of food establishment classification, this site shall not return to specialty shop use; the criteria for the new classification shall be met in order for a change to be approved; 2. that the 530 SF area of on-site seating of the specialty shop 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 retail or any other use, a food establishment shall not be replaced on this site and this conditional use permit shall become void; 8. that the business may not be open for business except during the hours of 7: 00 a. m. to 10: 00 p. m. daily; 9. that there shall be a maximum of seven employees, including the owner, on site at any one time; 10. that the project shall provide adequate filtering and venting to avoid dissemination of odors on neighboring properties; 11. that an enclosed and ventilated garbage storage area shall be maintained at the rear of the site and that garbage cans shall be kept in the storage area until such time garbage is picked up and upon pick-up cans shall immediately be returned to the storage area; and 3 Amendment to Conditional Use Permit 1251 Broadway 12. that no banner signs shall be used per Title 22 Sign Code Section 22.48.080 and the applicant shall obtain planning and building permits for signage; and 13. that any changes to the site shall meet all 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 Lobos Taqueria, applicant Ronald C. and Elizabeth L. Roussey, property owners � s � BLTRLINGAME, CALIFORNIA March 16, 1992 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. The meeting was called to order at 7:35 p.m. by Mayor Frank Pagliaro. PLEDGE OF ALLEGIANCE TO THE FLAG Pledge was led by TSP Commissioner Ed O'Donnell. ROLL CALL COUNCIL PRESENT: HARRISON, KNIGHT, LEMBI, O'MAHONY, PAGLIARO COUNCIL ABSENT: NONE MINUTES The minutes of the Regular Meeting of March 2, 1992 were unani- mously approved on motion of Councilwoman o�Mahony, second by Councilman Lembi after a change on page 3 to show there are five cities and two districts receiving airport noise mitigation funds. Councilman Harrison abstained from vote because he was absent from that meeting. APPEAL HEARING FOR A SPECIAL PERMIT AND PARKING VARIANCE FOR A ESTAURANT AT 1249A BROADWAY City Planner reviewed her memo of March 6 which recommended council hold a public hearing and take action. The applicant, Steve Webb, and the property owner, Kwok Leung and Chui Fong Wong, are requesting a special permit for an eating establish- ment, the change in use from a shoe store and real estate office to an eating establishment represents an intensification of use so a three space parking variance is required. The proposed coffee shop will have 36 - 40 seats; there is no on-site parking. The previous use required four parking spaces, the eating estab- lishment requires seven. There would be a maximum of 10 employ- ees on site at one time, including the owner. The business would sell coffee beans and coffee making equipment, foods related to coffee, coffee in cups and light breakfast and lunch items. The facility would be handicap accessible. The Planning Commission voted 3-3 for denial of the request; under rules of the commis- sion a tie vote is a denial of a request. In addi�ion to the staff report, there was a packet of material from the applicant's attorney with a parking study and photographs of a similar restaurant; a petition in opposition signed by over 350 people; a petition in favor signed by 53 people and a letter from the property owner in favor of the project. Councilwoman Knight questioned the number of signatures on petitions; Councilman Harrison mentioned one petition received at his home; Councilwoman O'Mahony asked if the supplemental ques- tionnaire by the applicant was available to the public; Mayor Pagliaro stated he had represented Steven Webb some time ago and had discussed this with the City Attorney who determined there was no conflict of interests. Mayor Pagliaro opened the public hearing. Speaking in favor of the application was Richard Pierce, attorney for the applicant, who presented a petition with eleven more signatures in favor and a list of the circulators for the peti- tions in support; one person who signed petition in opposition had sent letter asking her name be removed from that petition because it was represented that the restaurant would exceed the 21 allowed restaurants on Broadway; he did not know who circula- ted the petition in opposition and noted a number of the signers l were not Burlingame residents. This restaurant would be within khe 21 allowed by the ordinance limiting the number of restau- rants; the ordinance does not refer to the types of food estab- lishments allowed, the market should control that; there were numerous references to parking problems but he believed their parking study addressed this problem; some of the benefits of allowing this project would be that a vacant building would be occupied, this building has been empty for.over a year; they would employ up to ten people, but it was not likely they would have l0 employees on site at any one time; it would increase tax revenue; would have a positive impact and draw business to the area to shop on Broadway. Merchants fear the economic pie would be divided further, but instead the applicant intends to increase the size of the pie. There would be an on-site owner who would have a vested interest; the project would be fully handicap accessible; it would be the only handicap shop open before 11:00 a•m• on Broadway. This coffee shop would not conflict with a full service restaurant. He urged approval. Ed Mansfield, traffic consultant, reviewed his parking survey with council; he found the parking lots generally were not all full; there are three parking lots within 75 yards of this site. He observed the area for three days and never saw a bus deliver patrons to an adjacent restaurant which several people mentioned as a problem; Councilman Harrison mentioned that particular restaurant was closing; he knew the merchants on Broadway were concerned with parking. Councilwoman O�Mahony pointed out some discrepancies in figures from the report. Mansfield described the group of young men investing in the proposed restaurant. Steve Webb, applicant, said he was surprised to see the number of people here; they are investing over $120,00o in this project; would like to work with the merchants and are looking for some support from them. Also speaking in favor: Mary Ann Titus, owner of Wild Iris; Mike Genile, 1117 Paloma, an investor in the project; Jackie Slade, 1117 Dufferin; Kim Marshall, 1704 Barroilhet; a personal friend of the applicant from Half Moon Bay; they questioned the impact on parking this project would have since any project going into the site would require parking; there are many apartments in the area and those residents will walk to Broadway to visit this coffee shop; project will provide employment; relaxing place to gather, a good atmosphere; they urged approval. Speaking in opposition: Dave Armanino, 740 Laguna; don't deny a coffee shop might enhance Broadway, but it would severely impact morning commute; showed photographs of the area in morning with traffic backed up and there is never parking avail'able on street; owner of Feast Your Beast, 1205 Broadway, she was responsible for getting most signatures on petition; she has loading zone which her customers can't use because it is always abused by parkers; Dolores Manning, 1210 Paloma resident, can't park in front of her home; the Caltrain lots are not available to the general public; asked for definition of restaurant; Peter Campanile of Tower Deli, 1184 Broadway, had been on Broadway for over 30 years, concerned about moving a small ice cream shop's restaurant permit ' to this larger type business; Broadway merchants are working for more parking; to grant a parking variance would only impact parking problem; not against a new business but people don�t walk to Broadway, they drive and need parking; Alan Horn, 1325 Paloma, did not sign petition in opposition, but would have; thought limit for restaurant number should be l0 instead of 21; he urged the Mayor to abstain from vote because of appearance of conflict; Ross Bruce, realtor, 1169 Broadway, he, his parents and his grandparents had been in business on Broadway and have always experienced parking and traffic problems; he wished there was parking available for this nice restaurant; noted there was a closed session at end of this meeting to consider city's possible purchase of a lot for pa�rking; council asked why the Rhinette lot was not used, Sruce thought it was not very accessible; David Constantino, Town & Country Realty, said the Rhinette lot was also bad because of the money box payment machine would not allow people to leave and come back during the day; would be better to have meters or windshield receipts; Ednamae Campanile, 1184 � Broadway, said Rhinette lot is too dark and isolated for use at night; Gene Nelson noted it was too hard to get in and out of Rhinette lot; Charles Rothenbuecher, Sroadway Stationers, 1174 Broadway, Rhinette lot not pleasing, needs to be made more attractive for shoppers' use; street parking nonexistent, with commuters trying to make quick stops it would be impossible with another coffee shop; he does not live in Burlingame but has a business in city. Pierce and Mansfield rebutted; merchants complain about parking and traffic but any business at this vacant site will cause traffic and parking; he believed there was a lack of inerchant marketing of the parking lots; the property owner has rights, he is having difficult time renting this site; at the Planning Commission meeting, merchants said Broadway is dying; here they say it is healthy; generally speaking the parking lots are full, but you are always able to find a space in one of the three lots; apologized that some figures are wrong in his parking study. Mayor Pagliaro closed the public hearing. City Planner reviewed parking requirements for council; at this site the previous retail use required 1:400 for retail (one parking space for each 400 square feet of retail area) and 1:300 for office use and the proposed restaurant use requires 1/200 (restaurant is the more intensive use). Councilwoman Knight said this application is the most difficult she has faced since coming on council; she was particularly concerned about the morning commute traffic; she had observed the illegal use of loadinq and handicap zones; compared retail use to morning and lunch restaurant customers; thought 21 restaurants might be too many for Broadway; she could find no extraordinary circumstances to grant a variance or special permit; she moved to uphold the Planning Commission denial. Councilman Harrison said there was a need to bring some new vitality to Broadway; he agreed parking was a concern, but council will be talking about increasing parking in its closed session tonight; he wondered if council could deny without prejudice until property negotiations for a new parking lot are finished. City Attorney suggested council continue this item. Councilman Lembi could not second the motion to deny; he listened to both sides of this issue and agreed there are traffic and parking problems; he visited the site of a similar restaurant in San Mateo and talked to patrons and neighboring businesses who all agreed the restaurant would enhance the area and increase business. He agreed council should continue the item. Councilwoman o'Mahony noted important issues to Broadway are on this agenda, parking and the BID are being discussed tonight; the merchants need to educate their employees about parking in the lots; need more traffic supervision in the area; she hoped the applicant would also educate employees and customers about parking in lots if his project were approved; perhaps council should consider getting rid of the Rhinette lot; she would like to delay a decision until council decides about parking. Mayor Pagliaro said the applicant's timing was unfortunate; council is considering buying a lot to increase parking; the parking problems make it difficult for the merchants to accept the project but he felt the project has to stand on its own. Councilman Lembi felt this project would be a positive addition to Broadway. Councilman Harrison agreed the project is very good, but council must also listen to merchants about parking. Coun- cilwoman Knight agreed the project is beautiful and complimented the applicant but she requested a second on her motion to deny. The motion died for lack of a second. Councilman Harrison moved to continue this item until the next meeting. Seconded by Councilwoman O'Mahony, carried 4-1 on roll call vote, Councilwoman Knight votinq no. Council noted the public hearing was closed, at the next meeting council would discuss and vote on issue. Mayor Pagliaro called for a recess at 9:35 p.m. The meeting reconvened with all council members present at 9:50 p.m. Cit Manager reviewed his memo of February 25 which coun il adopt an ordinance limiting parking on Burli from a.m. to 6 a.m. Monday through Saturday for st purpos s. Attached was a survey of parking on Burli during he proposed sweeping hours which was taken o consecut've days. ; � Avenue sweeping e Avenue four Mayor Pagl�aro opened the public hearing. ,' Tom Bowen, 9��6 Laguna and business owner, had s.poken to council earlier about�the streets needing cleaning but-'the parking lots need to be swegt at least once a week also. .Public Works Direc- tor said the lots are cleaned with leaf blowers every two or three weeks; tho�e lots are used by apartment dwellers during night hours. Maypr Pagliaro said perhaps,the lots need to be cleaned more frequently; he asked for a report from Public Works. Stan Clark, busine'ss owner, asked how often the streets are swept; staff repliei� daily in business area. Marilyn Shick, 1100 Burlingame Avenue business owner, wondered who was responsible for cleaning sidewalk�; she complained about the sidewalk struc- ture at the site of th� fire on Burlingame Avenue. Mayor Pagliaro closed Councilman Harrison moved'� by Councilman Lembi, carri IMPROVEMENT DISTRICT RESOT.i1TTnN 9d-Q9 - T' public hearing. ption of ORDINANCE 1456. Seconded unanimously by voice vote. BUSINESS IMPROVEMENT DISTRICT °'� ; City Attorney reviewed his;`memo of March 9 which recommended council review the proposals from�the Broadway and Burlingame Avenue merchants and adop't resolutr"ons of intention to form two Business Improvement Districts (BID'J,`for the Broadway Area and for the Burlingame Avenue Area. These resolutions set forth the proposals and give notice of a public�thearing to be held on April 6, 1992. The purpose of the April 6 h�aring is to hear protests to the formation of the districts. The��city council has the discretion as to whether or not it will'�stablish a district; the only limitation to,�their discretion being,that a district cannot be formed if there'is a protest by a major�y of the value of the assessments. The%�resolutions set forth the content of the protest so they ,can be properly counted. A�the protest hearing, council can rev'se the assessment and the pr osed purposes and may reduce the area of the proposed district.� Staff will calcu- late the perc ntage of protests received in wr�ting prior to the public heari�g; if additional protests are rece�ved at the public hearing whic�h approach a majority protest, he rec�ommended council continue t�e hearing. One issue raised with regard to protests is the nu�er of letters council has already recei�(ed objecting to the BIP; it was his opinion that those were not 'formal pro- tests because the resolutions of intention has not ya�t been adopted �aith the description of actual boundaries and�,�assess- ments.�'The only protests that can be counted are tho5� dated and signed%after the resolutions of intention are adopted. � In response to council questions, City Attorney said not'� es will be mailed to every business in the proposed districts. CBuncil R� , _ y r f j BQRLINGAME, CALIFORNZA April 6, 1992 CLOSED SESSION A closed session regarding property acquisition and litigation was called to order at 7:00 p.m. in Conference Room A at City Hall. All council members were present. CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. The meeting was called to order at 7:38 p.m. by Mayor Frank Paqliaro. PLEDGE OF ALLEGIANCE TO THE FLAG Pledge was led by Sandy Burnett, San Mateo Times reporter. ROLL CALL COUNCIL PRESENT COUNCIL ABSENT: MINUTES HARRISON, KNIGHT, LEMBI, O'MAHONY, PAGLIARO NONE The minutes of the Regular Meeting of March 16, 1992 and the St�dy Meeting of March 18, 1992 were unanimously approved on mot�on of Councilwoman O'Mahony, second by Councilman Harrison. Mayor Pagliaro announced council had reached a decision after several closed sessions and a study session reqarding parking on Broadway and the�purchase of property for a parking lot. Coun- cilman Harrison nd��d there was money in the parking fund for purchase of this prop rty; he moved the city,purchase 1133 Chula Vista for the price of 630,000, that ther�-`be no demolition until the city sells the arking lot on Rtiinette, and effective July 1, 1992 the parking fu�d be abol�siied and henceforth parking funds go into the general fuit�. Thc� motion was seconded by Councilwoman O'Mahony. '� , Councilwoman Knight said she would�`�ote against this proposal; she agreed that any money spent on pa king should be in the Broadway area, but with aY`1 the other�m'`�j'or capital projects before the city she did-'not feel the cit should spend the money on this parking lot.,f� � Councilman Lemb ��aid the city is coming out o he recession, and sales tax income is up; this purchase will be positive addition to foadway and assist the merchants and re 'dents. Mayor Pagli�o commented council had pledged to help t e` mer- chants on�Broadway. Councilwoman O'Mahony was pleased to support this m ion, Broadway has been waiting too long for a parking lot, is purchase will have 48 parking spaces, the Rhinette lot onl has 26 and is not used; the parking fund has the money for � s purchase. The motion carried 4-1 on roll call vote, Coun- ilwoman Knight voting no. CONTINUED APPEAL FOR A SPECIAL PERMIT AND PARKING VARIANCE FOR A RESTAURANT AT 1249A BROAD[JAY - RESOI,UTION 26-92 AppROVING SAME City Planner's memo of Diarch 23 recommended council take action; the public hearinq was held on March 1G and council continued action to tonight's meeting. The applicant, Steve 1�.ebb, and the property owner, F:wok Leunq and Chui Fong wong, are requesting a special permit for an eatinq establishment and a three space parking variance. The Planning Commission voted 3-3 for denial of the request; under rules of the commission a tie vote is a denial of a request. � Councilwoman O'Mahony said she thought long and hard about this project and decided it was a good project for Broadway. She moved to grant the special permit and variance with conditions in staff report. Councilman Harrison seconded the motion and com- mented we would never solve the traffic circulation problems on Broadway because of the location of the freeway access; this project will enhance E3roadway and would not be detrimental or injurious; council has qiven other businesses larger parking variances. Councilwoman Knight, at the last meeting, had moved to deny this request because the project would create more traffic and parking problems; she thought it would be detrimental to the area and could find no extraordinary circumstances to grant a variance. Councilman Lembi said there was nothing that would alleviate the traffic flow problems since Broadway was the access to freeway; and if people can't park they will not stop. The motion carried 4-1 on roll call vote, Councilwoman Knight voting no. TABLISHMENT OF BUSINESS IMPROVEMENT DISTRICTS BID May Pagliaro announced that council would hear protests abou� the�Ds but because this is a new proposal, council would l�sten to cont�yerns and allow time to think about the proposal, co rScil would nat take action until the meetinq of April 20. He ��ted council is neutral in this matter, this is a proposal fr,�m the merchants''associations. ,% The City Attorney reviewed his memo of March 19 which''�recommended council hold t,wo separate public hearings on forma�•ion of the districts. Business improvement districts are formed under Street and Highways Code Section 36500 et seq. �ouncil can determine to forrit.both districts, or one, or neither; it can revise the assessments, zones and purposes and�can reduce the area of the proposed districts. The only limit on action is that a district cannot be formed if council recei�ves written protests from a majority of the value of the assessments. He announced that any more written protests must be r�ceived at the beginning of the hearing; written";withdrawals of protests must be received by the end of the hearing. , Councilman Harrison told th'e audience that another reason council is not making a decision tor"r�ght is!that written protests handed in tonight will have to be col�nted%to determine if there is a majority protest. Mayor Pagl`�aro had some questions on the wording of the ordinances; wond�red if the district would have to get approval from council befo�e`'•�it could increase assessments; asked about fines for unpaid �'ssessments; City Attorney and Finance Director reviewed hoW'business license fines are collect- ed; the city will incur exp�nses in`�collecting these assessments, would the city be repaid; �lection of�the Board of these dis- tricts; can the BID be el�minated by a�vote of council. Council- man Lembi wondered who hears appeals fo� assessments, city council or the Board ofjthe district. �. DISTRICT1 David Hinckle, 161� Sanchez and owner of Earthybeam Foods on Broadway, reported the idea of a BID was presen d to the Broad- way Merchants As�sociation over a year ago, they cided to adopt the proposal apd requested help from the city in 'ring a consul- tant; the mer��ants held open meetings on this; see s the best possible r�eth`od to effect real lastinq change, make ong term improvements', provide liaison with city and provide a nited approach tc� improving Broadway; they propose to clean dewalks, advertise and promote the area, provide for commercial� cruit- ment and retention of business and improve parking enforc�ment. Ciq� of 13urlrngnme Plnnning Cornmission Min�ues Ocmber 26, 1995 C. Deal commented that it is hard to watch this application since the project designer does not take care of concerns expressed, but it is not prudent to approve this many unaddressed issues; move to continue this item to the November 23, 1998, meeting or in a timely manner after complete plans are submitted. The motion was seconded by C. Bojues. Comment on the motion: CA noted that the commission could refer this to the consent calendar when the questions are all addr sed if they wished. Commission asked when the applicant intended to build, he noted th when the approvals were complete and, now, depending on what kind of winter we have. i Chairman Deal calle�i'for a voice vote on the motion to continue this�'item until complete plans are submitted to the Planning Department. The motion passed,gria 6-0-1 (C. Coffey absent). Chairman Deal;directed that the item could be brought back on�fhe consent calendar when it has been revise �sufficiently. This action is not appealable since no action was taken by the commissi� APPLICATION FOR AN AMENDMENT TO A CONDITIONAL USE PERMIT AND A �'AKE-OUT PERMIT FOR A FOOD ESTABLISHMENT AT 1251 BROADWAY, ZONED C- 1, BROADWAY COMMERCIAL AREA. (ALENE BRISBANE, APPLICANT AND KWOK LEUNG & CHUI FONG WONG, PROPERTY .(�WNFRc� �7n �rnrrrrr.,-,. Reference staff report, 11.09.98, with attachments. City Planner and Commission discussed the request, reviewed criteria and Planning Department comments. Nine conditions were suggested for consideration. Commission asked if the disabled restroom which was located at the rear of the first floor of the building had been converted into an office as these plans indicate, if so are disabled accessible requirements met on this site or does it need to be converted to a bathroom again; this site has an existing parking variance for a food establishment of this size at this location, yes; the issue we can consider here is the hours of operation, yes. There were no further questions from the commissioners. Chairman Deal opened the public hearing. Alene Brisbane, 1163 Banyon Street, Pacifica, represented the project, she handed out a menu from their Castro Street store to give an idea of what kind of food was served before lunch. They are now located in the Castro District of San Francisco and there is never any parking and it has not been a problem; the store does not provide an atmosphere where people will want to sit for a long time, they want to be neighborhood oriented and friendly, they provide traditional Mexican food, all employees wear a uniform, bus boys clean up tables right away and move people along; provide quality food at a reasonable price. Commissioners asked: want to be open at 7 a.m. but do not show breakfast items on menu, sell burritos with eggs in them, no special breakfast menu. CA pointed out that this request is to extend the current hours from 7 p.m. to 10 p.m.; will start cooking at 7 a.m. will not serve until 10 or 11 a.m. Philip Piserchio, 1620 Claremont, San Bruno, partner in this business, we are asking for these extended hours because it is easier to scale back the hours after we're in operation than to extend them, so want the parameters clear now; do not want a limit on having breakfast items in the future if we decide we would like to change the business. Where is your business now, on the -7- City ojBr�rlingnmc f'lannirtg Commission Miraues October 26, 1995 corner of Castro and 18th. There were no further comments from the floor and the public hearing was closed. Commissioner comment: concerned about the impact of extending hours from 7 pm to 10 pm. CA noted that there is no evidence presented here that there is a parking problem on Broadway between 7 p.m. and 10 p.m. weekdays and 5 p.m. and 10 p.m. week-end days; don't think extending hours will be detrimental, there are places to park, lot of people there in the 5-6 p.m. time, but no problem after that to 10 p.m.; operator needs that late to function as a restaurant; nice for that area to be vital until 10 p.m.; parking is a problem. CE noted that past 7-8 p.m. not much problem parking in that area, there is a public lot near by. C. Deal moved to amend the conditional use permit and approve by the extension of the hours of operation, by resolution, with the conditions in the staff report, as follows: 1) that the restaurant shall be remodeled as shown on the plans submitted to the Planning Department date stamped October 8, 1998, with 530 SF of seating area; 2) that the conditions of the Fire Marshal's October 13, 1998 memo shall be met; 3) that the business may not be open for business exccpt during the hours of 7:00 a.m. to 10:00 p.m. daily; 4) that there shall be a maximum of seven employees, including the owner, on site at any one time; 5) that the project shall provide adequate filtering and venting to avoid dissemination of odors on neighboring properties; 6) that an enclosed and ventilated garbage storage area shall be maintained at the rear of the site and that garbage cans shall be kept in the storage area until such time garbage is picked up and upon pick-up cans shall immediately be returned to the storage area; 7) that no banner signs shall be used per Title 22 Sign Code Section 22.48.080 and the applicant shall obtain planning and building permits for all signage; 8) that this project shall meet all the requirements of the California Building and Uniform Fire Codes, 1995 Edition, as amended by the City of Burlingame; and 9) that the project shall be reviewed for compliance with these conditions in six months (May, 1999) or upon complaint, and resolve the issue of the availability of disabled accessible bathrooms for this and other tenants in the building. The motion was seconded by C. Key. Chairinan Deal called for a voice vote on the motion to approve the conditional use permit amendment. The motion passed on a 6-0-1 (C. Coffey absent) vote. Appeal procedures were advised. APPLICATION FOR SIGN EXCEPTIONS FOR A MASTER SIGN PERMIT AT 1155 CALIFORNIA DRIVE, ZONED�-2. (ALAN WILLIAM C�N, APPLICANT, AND MANSA CONSTRUCTION ��6RPORATION, PROPERTY� OWNER) (45 NOTICED) Reference staff report,��.09.98, with attachments. City Planner and Commission discussed the request, reviewed cr eria and Planning Department comments. Six conditions were suggested for consideration. he commissioners had no questions. Chairman D 1 opened the public hearing. The applicant was not present. It was noted that without th applicant present the commission had three choices of action: continue the item to a date c tain, drop the item all together, or proceed with the hearing and take action. : RESOLUTION APPROVING CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT AMENDMENT 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 nermit amendment for an existin� food establishment classified as a Specialtv Shop Food Establishment at 1251 Broadway. zoned C-1. Broadwav Commercial Area APN� 026-193-300• Kwok L Won�, 732 Jackson Street, San Francisco, CA 94133, property owner; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on February 28, 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 amendment is approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such conditional use permit amendment 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 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 28th day of Februarv, 2000 , by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: SECRETARY EXHIBIT "A" Conditions of approval for categorical exemption and conditional use permit amendment. 1Z51 BROADWAY effective March 6, 2000 1. that this business location, occupied by a specialty shop with 530 SF of on-site seating may be replaced by another specialty shop at the same location within the same or less leased square footage subject to the conditions of the existing conditional use permit, or shall be allowed to change to a different type of food establishment with a new conditional use permit; and that if this specialty shop food establishment is changed to any other type of food establislunent classiiication, this site shall not return to specialty shop use; the criteria for the new classification shall be met in order for a change to be approved; 2. that the 530 SF area of on-site seating of the specialty shop 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 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 retail or any other use, a food establishment shall not be replaced on this site and this conditional use permit shall become void; 8. that the business may not be open for business except during the hours of 7:00 a.m. to 10:00 p.m. daily; 9. that there shall be a maximum of seven employees, including the owner, on site at any one time; 10. that the project shall provide adequate filtering and venting to avoid dissemination of odors on neighboring properties; 11. that an enclosed and ventilated garbage storage area shall be maintained at the rear of the site and that garbage cans shall be kept in the storage area until such time garbage is picked up and upon pick-up cans shall immediately be returned to the storage area; and Conditions of approval for categorical exemption and conditional use permit amendment. 1251 BROADWAY effective March 6, 2000 12. that no banner signs shall be used per Title 22 Sign Code Section 22.48.080 and the applicant shall obtain planning and building permits for signage; and 13. that any changes to the site shall meet all requirements in effect at the time of the California Building and Fire Codes, and as amended by the City of Burlingame. CITY OF I3UKLINGAML' A copy of the application and plans fol- this project m�iy be reviewed prior to the meetin�� at the Plannii�g DeE�artmcnt at 501 Primrose Road, Burlingame, Califoi-:lia. If you challenge the subject application(s) in court, � you may be limited to raising only �those issues you or someone else raiscd at the public hearing, described in the n�tice or in wi-iuen correspondence delivered to the city at or prior to the public hearing. Property o��ers who receive this notice are responsible for informing their tenants abo�lt thiS� �notice. For additional information; please call (650) 696-7250. Thank you. �;; 4 � :�.' � �� `� : , , , �, , :, ��" MarQaretlVT�bpro�`� ��._.�•��„�! ��,,� City Planner ��:., :�, �. PUBLIC HE��,RING NOTICE (Plecrse refer to other side) ,�r�' `�TY �t CITY OF BURLINGAME 6URLINC�AME PLANNING DEPARTMENT 501 PRIMROSE ROAD o,',- , _ BURLINGAME, CA 94010 - TEL: (650) 696-7250 � 1251 ARQADWAY ARN:O�b-193-3Q�0 Application for amendraent to � conditional ��s�'UBLIC HEARING per�it far an existing food establish�ent in NOTICE the Proadway coa�merci�l area at 1��1 Proadway, zoned C-1, Rroadway Commercial Area. The City of Burlingame Rlanning Co�e�ission anno�mces the following public hearing on ��1� Monday, Fehruary 28, 2000 at 7:@0 R.M, in the �;X��2�: 1 y � ounci a� ers located at 501 ��(3>� �'rimrose Road, Burlinga�ae, Califarnia. �-r�� Mailed February 18, 2000 , (Please refer to other side) Cih� of Burlingame Plannin� Commission Minutes � �. :' F. G. February 28, 2000 1251 BROADWAY, ZONED C-1, BROADWAY COMMERCIAL AREA - AN�NDMENT TO A CONDITIONAL USE PERMIT FOR AN EXISTING FOOD ESTABLIS�IlVIENT 1N THE BROADWAY COMI��RCIAL AREA (LOBOS TAQUERIA,, APPLICANT AND KWOK L. WONG, PROPERTY OWNER) 1308 BROADWAY, ZONED G1, BROADWAY COMMERCIAL AREA - AMENDMENT TO A CONDITIONAL USE PERMIT FOR AN EXISTING FOOD ESTABLIS�IlVIENT IN THE BROADWAY COMI��RCIAL AREA (SUBWAY SANDWICHES, APPLICANT, AND ERVIN EPSTEIN TRUST, ET AL, PROPERTY OWNERI 410 AIRPORT BLVD. ZONED C-4, REQLJEST FOR ONE-YEAR EXTENTION OF PARKING VARIANCE AND CONDITIONAL USE PERMITS FOR A RESTAURANT 1N AN EXISTING BOAT (CHUCK GONG, APPLICANT. STATE OF CALIFORNIA (STATE LANDS OMMISSION) PROPERTY OWNERI C. Keighran moved approval of the consent calendar 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. Bojues. Chairman Luzuriaga called for a voice vote on the motion and it passed 7-0, with C. Deal abstaining on the vote on item 5, 1357 Cabrillo Avenue. The vote on item 5 was 6-0-0-1 (C. Deal abstaining). Appeal procedures were advised. This item ended at 7:25 p.m. REGULAR CALENDAR - 1316 BROADWAY, ZONED C-1, BROADWAY COMMERCIAL AREA - CONDITIONAL USE PERMIT FOR AN EXISTING FOOD ESTABLISHMENT AND AN 1NCREASE IN SEATING AREA 1N THE BROADWAY COMI��RCIAL AREA (MARII.,YN OLCESE ET AL, APPLICANT AND PROPERTY OWNER) . CONDITIONAL USE PERNIITS FOR `I'F� FOLLOWING EXISTING FOOD ESTABLIS�IMENTS, ZONED C-1, BROADWAY CONIMER IAL AREA� PC Monroe reviewed the staff report, conditions of approval and the intent of the legislation which requires that conditional use permits or permit amendments be issued to each of the food establishments in Subarea A of the Burlingame Avenue Commercial Area and in the Broadway Commercial area. These permits fix the existing situations in each of these businesses so that the impacts caused by changes in these businesses on the respective business districts can be monitored in the future by commission review and public notice. Commissioners had no questions of staff. Chairman Luzuriaga opened the public hearing. Marilyn Olcese, property owner, spoke noting that they had asked for the change since the mezzanine area had been used for seating before, although the most recent tenant had not used it, they thought that it should be recognized. Commissioner asked if the bar location was shown properly on the plans, she noted that the current tenant plans to move the bar location. Speaking on the item were W.J. Spitz owner of 1215 Laguna; Perry Spitz, resident at 1215 Laguna, Thomas Koros, owner of 1236 Broadway. Do not need any more people in Broadway, should be no more seating; city has a 10 foot easement to provide access to parking at Paloma and Laguna, asked that it be made one way, it was, but it is not enforced by police; object to increasing the seating or the addition of more restaurants because the traffic in the area between El Camino and 101 is too heavy, it is impacted by people trying to find parking; in favor of increasing seating area, if Broadway is to complete with Burlingame Avenue need to have good quality restaurants; building walls will restrict Broadway's growth, because it is a gateway between 101 and El Camino Real the area needs food establishments to give it an opportunity to grow. Have owned my property 35 years he has only owned his 4 years, so am more aware of the mess the area has become; he wants to increase his revenue, but people live nearby and they deserve consideration; couldn't eat in all the existing food establishments in a month. -3- T �� :�1'� �� i r �'.:i�� ,�I. �� wi Iil+ �N41i 0 �o �a qPOF�ieD � �I�I�� , �,,I 1:>��I��,�,:�� - CITY HALL - 501 PRIMROSE ROAD TEL: (650) 558-7250 PLANNING DEPARTMENT BURLINGAME, CALIFORNIA 94010-3997 FAX: (650) 6963790 February 11, 2000 Manager Lobos Taqueria 1251 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 or amend an existing conditional use permit. Lobos Taqueria, the food establishment currently located at 1251 Broadway, was granted a conditional use permit in November 1998. Attached you will find a staff report prepared by City Planning staff for an amendment to the existing conditional use permit. Before adoption of this ordinance, city staff surveyed each food establishment in 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 and conditions which were a part of the previous conditional use permit. 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, February 18, 2000. We expect that this item will be placed on the Plaruiing Commission consent calendar for action at their February 28, 2000 meeting. Thank you in advance for your assistance. Please do not hesitate to call. Sincerely yours, �.�,� ', -v----� Ruben Hurin Planner Attachments: Staff Report with Attachments Ordinance 1619 Adopted October 18, 1999 c. Kwok L. Wong, property owner