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Home My WebLink About1308 Broadway - Staff ReportCITY OF B URLINGAME CONDITIONAL USE PERMIT Address: 1308 Broadway Item .71 Meeting Date: 2/28/2000 Request: Conditional use permit for an existing food establishment in the Broadway commercial area at 1308 Broadway, zoned C-1, Broadway Commercial Area (C.S. 25.36.040, fl. Name of Food Establishment: Subway Sandwiches APN: 026-095-140 Property Owner: Ervin Epstein Tr Et Al Lot Dimensions and Area: 6,615 SF Zoning: C-1 General Plan: Commercial, Shopping an�? Scrvice Adjacent Developmea�: Retail/Service Commercial CEQA C+ :}�,s: 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 perinits 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 1308 Broadway as follows: � Business Name: � Business Address: • Category: • Seating Area: Subway Sandwiches 1308 Broadway Specialty Shop Food Establishment 300 SF The current food establishment locate�l at 1308 Broadway, Subway Sandwiches, is classified as Specialty Shop with 300 SF of on-site seating. In the July 1998 survey for Subway Sandwiches, it was noted that at this premise food is ordered and paid for before consumption and that food is served on plastic plates. The hours of operation for the business were from 9:00 a.m. to 11:00 p.m., seven days a week, with a maximum of 2 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 Specialty Shop (Subway Sandwiches) 300 SF EXISTING Specialty Shop (Subway Sandwiches) 300 SF 1308 Broadway ALLOWED/REO'D *food establishment requires a conditional use permit 300 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 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 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. ►a Conditional Use Permit 1308 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, occupied by a specialty shop with 300 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 this conditional use permit, or shall be allowed to change to a different type of food establishment with a new conditional use permit; 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; 2. that the 300 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 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 food establishment may be open seven days a week from 9:00 a.m. to 11:00 p.m., with a maximum of 2 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: Subway Sandwiches, applicant Ervin Epstein Tr Et Al, property owner 3 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 existing food establishment classified as a pecialty Shop Food Establishment at 1308 Broadway. zoned C-1. Broadway Commercial Area, APN� 026-095-140; Ervin Epstein Tr Et Al, 5 otelo Avenue, Piedmont, CA 94611,�property owner; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on Februatv 28, 2000, at which time it reviewed and considered the staffreport 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. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. CHA,IRMAN I, Ann Kei h� ran , 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: CONIMISSIONERS: SECRETARY EXHIBIT "A" Conditions of approval for categorical exemption and conditional use permit. 1308 BROADWAY effective March 6, 2000 1. that this business location, occupied by a specialty shop with 300 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 this conditional use permit, or shall be allowed to change to a different type of food establishment with a new conditional use permit; 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; 2. that the 300 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 any retail or other use, a food establishment shall not be replaced on this site and this conditional use permit shall become void; that this food establishment may be open seven days a week from 9:00 a.m. to 11:00 p.m., with a maximum of 2 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. � 1�t0 �b �,�-�--1 r` �� wt-�. a- 5 64-� S�� o-�-�-� o r`\ 1 � �Q - �'� �- c; �-� �-� ��.,� � � �- re 1�, r ��\C'c �-� ��. �' � p l � We, the undersigned, are protesting the possibility of a �- --- _ FASr F�OOD Subway Sandwich Shop b�ing opened at what was the bakery ._, � � �=-located at 1308 Broadway, Burlingame, CA, Recently the bakery w.,�: t ti. . _ _ = � :.:; :.. .. pC: _'':�; ='� �'' `::_ �-�closed down, but before closing its doors they placed two small V,.�,� — - -,�;,.E Q ;:��;ttables to serve coffee and desserts. We believe that this does �� : "�'�___ _ ._.__ ; _ �ot qualify as �n eating establishment. � ��..� _, . 1Vc"li tic �� ,'"T �il 't, � �' /� �' i � � . � ,"��'� '�?`f � ( . �-cd��C A,. �-�--�-�- , `-r' ��?� . ' ' E�►� � c �' - 1�. �C��l/�/t �( (/` 1�� - �� ,�{� �s s � ,a� - � � . 4��//,�� c • �,�,� �r-,►�.�/le� ; � - _ _.�:, ,, _.__._ ' � ��'- _ �- ;-_ :° �'�� r` i- 1� i�� i�� ,. (_' ��j �,�,•� ,ri-�,J.�-, —s • / � � � r�� =� J —��. �. � �_ �'>> -��i ?,,v�i� ��;� ' �: , ,, �- � �- �l- � � f �`' �.� �� ,P - �c�ivE� AUG 171993 Cf TY OF BURLIN�pM� �' �'+�N�Nr. -,�-, Business i-nrcr�Ep�i31� �t ��`��{-C /� /•� G� lj i��fJ� � j!% Yi l/�l� �� L ��1 � �7 f ��cc�lo ��v �olc�� s��- �i'`ti-'2 ; �'1`�-'� � � c, f'�az�-1.�,� C,�.�--�--s G� �� G �,, �� yf.� J�_. 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