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Home My WebLink About1316 Broadway - Staff ReportItem # CITY OF B URLINGAME CONDITIONAL USE PERMIT Address: 1316 Broadway Meeting Date: 2/28/00 Request: Conditional use permit for an existing food establishment in the Broadway commercial area and an increase in seating area at 1316 Broadway, zoned C-1, Broadway Avenue Commercial Area (C.S. 25.36.040, fl. Name of Food Establishment: Vacant APN: 026-095-150 Applicant and Property Owner: Marilyn Olcese Et Al Lot Dimensions and Area: 4,886 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 cotnmercial 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. Sununary: The applicant, Marilyn Olcese, is requesting a conditional use permit for an existing food establishment in the Broadway commercial area at 1316 Broadway, zoned C-1, Broadway Commercial Area. The applicant is also requesting the following: • Increase in indoor seating area from 1,140 SF (calculated by staff for the previous tenant, Taste Restaurant) to 1,956 SF which includes 506 SF of seating area on the mezzanine level (816 SF net increase). This site was previously occupied by Taste Restaurant and is currently vacant. Before leasing the tenant space to a food establishment, the property owner would like the conditional use permit to reflect the seating area proposed. The first floor seating area used by the previous tenant, Taste Restaurant, was measured by staff to be 1,140 SF. The property owner felt that the measurement provided by staff did not include all of the seating area on the first floor. The property owner provided an 81/z" x 14" floor plan, date stamped February 22, 2000, with the existing seating area highlighted and d'unensioned. The floor plan indicates that there is 1,450 SF of existing seating Conditional Use Permit 1316 Broadway area on the first floor. The property owner is also proposing to add 506 SF of seating on an existing mezzanine level. The property owner indicated that she believes the mezzanine level was used for seating by the previous owners of Taste Restaurant, although not by the most recent owner. Therefore, the property owner would like to have the use permit reflect 1,956 SF of on- site seating area. This application is for a conditional use permit as required by Ordinance 1619. The new conditional use permit is based on the operations of the previous tenant, Taste Restaurant, and increases the seating area to the areas shown on their plans. The food establishment at this site is defined as follows: • Business Name: • Business Address • Category: • Seating Area: Currently V acant 1316 Broadway Full Service Food Establishment 1,450 SF (lst fl.) + 506 SF (2nd fl.); 1,956 SF total seating area The food establishment site at 1316 Broadway is classified as Full Service with 1,956 SF of on- site seating. In the 1998 survey, Taste Restaurant noted that food is ordered and paid for after consumption and is served by waiters on ceramic plates with metal flatware. During the public hearings on the ordinance and implementing tables, the information on the survey gathered for Taste Restaurant by Planning staff was not disputed by the merchant or property owner. PROPOSED Use: 5eating Area: Full Service (Vacant) EXISTING Full Service (Vacant) ALLOWED/REO'D *food establishment requires a conditional use permit 1,956 SF (1450 SF lst floor + 506 SF on mezzanine) 1,956 SF (1450 SF lst floor + 506 SF on mezzanine) 1,956 SF� (1450 SF 1 st floor + 506 SF on mezzanine) * 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. 2 Conditional Use Permit I316 Broadway Criteria for a Conditional Use Permit: In order to grant a Conditional Use Permit the Planning Commission must imd 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 ancl 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 therefore 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 character of the commercial area. Planning Commission Action: The Planning Commission should hold a public hearing. Affirma- tive 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 full service establishment, with 1,956 SF of on-site seating (1,450 SF on the first floor and 506 SF on the mezzanine), may change its food establishment classification only to a limited food service or bar upon approval of an amendment to the conditional use permit for the establishment; 2. that the 1,956 SF of on-site seating of the full service establishment shall be enlarged 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; 3 Conditional Use Permit 1316 Broadway 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 11:00 a.m. to 1:00 a.m., with a maximum of six 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: Marilyn Olcese, applicant and property owner 4 � �I � � � � � � RECEIVED ��._. _.�__.__.__ F E B 2 2 2000 1 CITY OF BURLINGAME PLANNING DEPT. • . �,,� ��.s �V ! �-t . /� atr r � � � � RECEIV�� FEB 2 2 7no0 CITY OF BURL�(v�NME PLANNING DEPT. • �,�ta✓ '� �rtl !s w � �: • � K i CITY OF B URLINGAME � A copy of the applicati�n�and'�p"'�`Aa'ns-�oi��tsprc��e tymay be reviewed prior ' to the meeting a�,�t �,��la�ing�� Depar�tment at �_ 1 Primrose Road, � Burlingame, Cali ��a �� `� �" � � � • �� &�' g �� :», ,��`� � ' "� "� If you chal � ge t��s�� ect applicati��{�) in court;`�you may� � be � limited to ' � raising onl �� hos�ssues�you or st�me�ne el�e i�aised at ihe �S�blic hearing, �L^kXiut le,3m3 �ci�.>- � .xbc+s, .�?Auw..« ,sZ.c+[ � described i t�ea� tic r,�� ruwntter� �orre�pondence�deliYet d to the city � at or prior t tl�e p.��i�� .�g�.� �s�� '<�.��;� �� 1 C� �— Y t" Ca C"a. �s I �, .. ; Property o��`�� ers fi�zxec i�e this�nbTiceiare responsibI�` "for i� � orming their � � ,� �, ��; �; _, � - , � tenants abo t thi ;�no�i For �id�t�onal�information} ple; e call (650)� ; 696-7250. ank �u � � , � � �� i - �� t � ,..�'" 'N�-�..� �� , '�., La'�a * �a� � .�<,, ,�..'"', ,,��,.x , Margaret �o � -��r��-�a �h i �.:.�� ' Cit Planner � �� `� �`%" t� � Y ��a ��' _ �� ? ��° �° � . � � � PU 8��'�8.��N � TICE � . � (Please refer to other side) ��F, cirr o� CITY OF BURLINGAME BURLIN�qMg PLANNING DEPARTMENT � — 501 PRIMROSE ROAp � �. : BURLINGAME, CA 94010 � TEL: (650) 696-725p I ' I I • � I ; 1316 BROADWAY � i AF�N:��6-095-1�0 � � Application for condition�l use I ; existing food establishment pe1"�lt F°Y. ar�UBLIC HEARING � � seating a�e� in and an increa5e in � � at i316 the Broadway commerci�l NOTICE I iCoa��ercial qre� dway' �oned area C-1e Broadway I I The City of_Burlin a�e � . � Iannoun c e s t h� 9 Planni n g. C o A�ission ' - I Manday, Februar fo�Iowin9 Public . hearing on - ��.tl� � I o y 28, C000 at : 7:00 P �X�lI:�2F . � - �• in the IPrimrose`Road ers located : et� ��i �`�.(3f� I , Burl ingame, Cal i fornia, ''•.° , Mailed Fehruary 18, � � I(Please refer to other side) . I I . _ � � � � � � 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 nermit for an existin� food establi hment classified as a Full ervice Fo d E tabli hment and an increase in seatin� area at 1316 Broadway. zoned C-1, Broadwav Commercial Area, APN• 026-095 150; Marilvn Olcese Et AI_ l 696 Edeeworth Avenue. Daly ity CA, 94015,�roperty 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 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. � •.:I:ua►I I, Ann Keighran , 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: CONIlVIISSIONERS: ABSENT: COMNIISSIONERS: SECRETARY , � ny � �� • EXHIBIT "A" Conditions of approval for categorical exemption and conditional use permit. 1316 BROADWAY effective March 6, 2000 1. that this full service establishment, with 1,956 SF of on-site seating (1,450 SF on the first floor and 506 SF on the mezzanine), may change its food establishment classification only to a limited food service or bar upon approval of an amendment to the conditional use permit for the establishment; 2. that the 1,956 SF of on-site seating of the full service establishment shall be enlarged 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 11:00 a.m. to 1:00 a.m., with a maximum of six 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.