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Home My WebLink About1326 Broadway - Staff ReportCity of Burlingame Conditional Use Permit and Parking Variance Address: 1326 Broadway Item No. 7c Consent Calendar Meeting Date: November 28, 2016 Request: Application for a Conditional Use Permit and Parking Variance for a new food establishment in an existing commercial building. Applicant and Architect: Kevin E. Stong Architects, Inc. APN: 026-095-160 Property Owner: Tian Hong Tan Lot Area: 6,063 SF General Plan: Commercial, Shopping and Service Zoning: C-1, Broadway Commercial Area Previous Use: Broadway Hardware, retail (currently vacant) Proposed Use: Bolder Cup Cafe, food establishment Allowable Use: Food establishment with approval of a Conditional Use Permit Environmental Review Status: The project is Categorically Exempt from review pursuant to the California Environmental Quality Act (CEQA), per Section 15301 - Existing facilities, Class 1(a) of the CEQA Guidelines, which states that interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances are exempt from environmental review. Summary: The applicant, Kevin E. Stong, representing Bolder Cup Cafe, is requesting approval of a Conditional Use Permit and Parking Variance to operate a new food establishment within the existing building at 1326 Broadway, zoned, C-1, Broadway Commercial Area. Planning staff would note that in 2015, the zoning code was amended removing the restriction on the number and type of food establishments and allowing new food establishments in any location within the Broadway Commercial Area upon approval of a Conditional Use Permit (Ordinance 1910 adopted by the City Council on February 17, 2015). In amending the zoning code, the City Council noted that "the community and Broadway merchants expressed interest in reducing or eliminating food establishment restrictions... as a result of outreach efforts and a Broadway Community Meeting." The subject tenant space has been vacant for several years, but was previously occupied by Broadway Hardware, a retail business. Bolder Cup Cafe will be open for breakfast, lunch and dinner and will serve a variety of ineals throughout the day as well as bakery and pastry items, coffee, blended fruit drinks and ice cream. The food establishment will be located on the ground floor and will contain customer seating, a kitchen, food storage areas and restrooms. The proposed food establishment will have approximately 408 SF of customer seating. The proposed tenant space measures approximately 1,848 SF in area. The proposed food establishment would open seven days a week, from 7:00 a.m. to 10:00 p.m. When the business opens, there will be four full-time and one part-time employees. In five years, the number of employees is expected to increase to five full-time and one part-time employees. At opening, the applicant projects a total of 130 customers per day on weekdays and 170 customers per day on weekends. In the future, the applicant expects the number of customers to increase to 160 per day on weekdays (no increase expected on weekends). A maximum of 55 people are expected on site at any one time, including the owner, employees and customers. The following applications are required: ■ Conditional Use Permit for a new food establishment in an existing commercial building located within the C-1, Broadway Commercial Area (CS 25.30.065 (b) (1)); and ■ Parking Variance for an increase in the number of parking spaces required on-site due to the conversion of a retail use to a food establishment (increase of 4.62 or 5 spaces) (CS 25.70.010 (b)). With this application, there are no changes proposed to the front farade of the existing building, therefore this project is not subject to Commercial Design Review. Conditional Use Permit and Parking Variance 1326 Broadway The existing site contains no on-site parking spaces and therefore is nonconforming in parking. Based on current code parking ratio requirements, the previous retail use requires a total of 4.62 parking spaces (rounded to 5 parking spaces) (1:400 SF parking ratio). The proposed food establishment use requires a total of 9.42 parking spaces (rounded to 10 parking spaces) (1:200 SF parking ratio). Therefore, the proposed change in use requires a total of 4.62 additional parking spaces (rounded to 5 additional spaces). Because the site is currently nonconforming in parking, the applicant is requesting approval of a Parking Variance for the balance of parking spaces required for the intensification of use (5 additional parking spaces required on-site where none are provided). Planning staff would note that when the Planning Commission and City Council reviewed the amendment to the zoning which removed the restrictions on the number and type of food establishments in the Broadway Commercial Area, it was understood that these applications would include requests for Parking Variances since many of the sites do not contain on-site parking and because first floor retail uses (including food establishments) are not exempt from providing on-site parking as they are in the Burlingame Avenue Commercial Area. Public parking is available in metered parking spaces in the surrounding streets and in nearby public parking lots "Q" on Capuchino Avenue and Paloma Avenue (24 spaces), "P" on Paloma Avenue (27 spaces), and "R" on Capuchino Avenue (33 spaces). 1326 Broadway Lot Area: 6,063 SF Existing Proposed Plans date stamped: October 6, 2016 Allowed/Required Use: retail use (current vacant, formerly Broadway Hardware) Parking: � 0 spaces food establishment (Bolder Cup Cafe) Conditional Use Permit required for a food establishment 0 spaces 5 additional on-site parking spaces required for intensification from a retail use to a food establishment Staff Comments: See attached memos from the Building, Engineering, Fire and Stormwater Divisions, which will need to be addressed at time of application for a building permit. Design Review Study Meeting: At the Planning Commission study meeting on November 14, 2016, the Commission asked that the applicant readdress the Variance Application with applicable findings to support the requested Parking Variance and voted to place this item on the consent calendar (please refer to the attached November 14, 2016 Planning Commission Minutes). The applicant submitted a revised Variance Application, date stamped November 17, 2016 (attached). Required Findings for a Conditional Use Permit: In order to grant a Conditional Use Permit for a food establishment, 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; �a Conditional Use Permit and Parking Variance 1326 Broadway (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. Suggested Findings for a Conditional Use Permit: The proposed food establishment 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 public's health and safety as well as with the character of the commercial area. Required Findings for Parking Variance: In order to grant a Parking Variance the Planning Commission must find that the following conditions exist on the property (Code Section 25.54.020 a-d): (a) there are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the same district; (b) the granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship; (c) the granting of the application 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; and (d) that the use of the property will be compatible with the aesthetics, mass, bulk and character of existing and potential uses of properties in the general vicinity. Suggested Findings for a Parking Variance: There is an exceptional or extraordinary circumstance in that the existing building is located in an older commercial area, was built with no on-site parking, and lacks the ability to provide off-street parking on the property; that granting the variance would prevent unreasonable property loss or unnecessary hardship by not requiring a portion of the existing building to be demolished to provide on-site parking; that granting the parking variance 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 since it is for a use (restaurant) that currently exists in the vicinity, because the zoning code was amended in 2015 removing the restriction on the number and type of food establishments and allowing new food establishments in any location within the Broadway Commercial Area upon approval of a Conditional Use Permit, and because it was understood that these applications would include requests for parking variances since many of the sites do not contain on-site parking; and that there are no changes to the aesthetics or mass of the building and the proposed use is compatible with other existing office, real estate and financial institutions in the general vicinity, the project may be found to be compatible with the variance criteria listed above. Planning Commission Action: The Planning Commission should conduct a public hearing on the application, and consider public testimony and the analysis contained within the staff report. Action should include specific findings supporting the Planning Commission's decision, and should be affirmed by resolution of the Planning Commission. The reasons for any action should be stated clearly for the record. At the public hearing the following conditions should be considered: that the project shall be built as shown on the plans submitted to the Planning Division date stamped October 6, 2016, sheets A-0.0 through A-2.0; 3 Conditional Use Permit and Parking Variance 1326 Broadway 2. that the business shall provide litter control and sidewalk cleaning along all frontages of the business and within fifty (50) feet of all frontages of the business; 3. that any seating on the sidewalk outside shall conform to the requirements of any encroachment permit issued by the city; 4. that the conditions of the Building Division's October 7, 2016 and April 18, 2016 memos, the Fire Division's April 18, 2016 memo, the Engineering Division's October 7, 2016 and April 18, 2016 memos, and the Stormwater Division's April 18, 2016 memo shall be met; and 5. that the project shall meet all the requirements of the California Building Code and California Fire Code, 2013 edition, as amended by the City of Burlingame, and that failure to comply with these conditions or any change to the business or use on the site which would affect any of these conditions shall require an amendment to this use permit. Ruben Hurin Senior Planner c. Kevin E. Stong, applicant and architect Attachments: November 14, 2016 Planning Commission Minutes Application to the Planning Commission Applicant's Letters of Explanation, dated September 20, 2016 Conditional Use Permit Application Variance Application (revised November 17, 2016) Commercial Application Staff Comments Planning Commission Resolution (Proposed) Notice of Public Hearing — Mailed November 18, 2016 Aerial 4 � CIT .r ..� �-,�;;, ,� � �p, ��r o , ..�9woa��a Monday, November 14, 2016 7:00 PM BURLINGAME CITY HALL 501 PRIMROSE ROAD BURLINGAME, CA 94010 Council Chambers b. 1326 Broadway, zoned C-1, Broadway Use Permit and Parking Variance for applicant and property owner; Kevin E Staff Contact: Ruben Hurin Attachments: 1326 BroadwaV - Staff Report 1326 Broadwav - Attachments 1326 Broadwav - Plans All Commissioners had visited the property. Commercial Area - Application for Conditional a new food establishment (Tian Hong Tan, . Stong Architects, Inc., architect) (81 noticed) Planning Manager Gardiner provided an overview of the staff report. Questions of staff.• > Do parking in-lieu fees only apply only to Downtown or do they cover the whole city? (Gardiner: The fees only cover the downtown district. Broadway does not have a parking district so does not collect in-lieu fees.) Chair Loftis opened the public hearing. Kevin Stong, Kevin E. Stong Architects, represented the applicant. Commission comments/questions: > Will there be seats inside? (Sfong: Yes, per the floor plan. There will be meals prepared, buf also display cases with baked goods and grab-and-go sa/ads. Both hot entrees for sit down, and grab-and-go.) > Where does the rear exit go to? (Stong: There is a large yard in the back. The owner hopes to put a gate in the fence.) > Will the garbage go out the front or the back? (Stong: The front, like the other businesses on Broadway. There is a garbage room inside.) > What is back area used for behind other properties? (Stong: It is vacant.) > Is this something similar to Jimmy Bean's in Berkeley at 6th & Gilman? (Stong: Unique with lots of display cases for baked goods and grab-and-go salads. Like a high-end grocery store with a lot of grab-and-go food as well as entrees including a complete breakfast and a complete lunch and dinner.) > Are there any other locations? (Stong: No, but the owner is very excited in making it a success.) > Would rt be possible to re-address the parking variance? For the record, there are exceptional circumstances. The City Council has acknowledged that by removing the moratorium on restaurants there will need to be parking variances since there is no opportunity to provide on-site parking. > For the other variance question related to the necessity of the variance, the business would not be viable without the variance. Similar to other food establishments on Broadway, which would not be viable without fhe variances. This should be represented on the variance application for the record. > Typically employees park on neighboring city streets, but there could be a condition to require that they park in city lots rather fhan parking all day on city streets. City of Burlingame Meeting Minutes Planning Commission City o/Burlinqame Paqe 1 Printed on 11/22/2018 Planning Commission Meeting Minutes November 14, 2016 Public comments: None. Chair Loftis closed the public hearing. Commission discussion: > When the city changed the zoning to encourage additional restaurants if understood there would be variances necessary to accommodate restaurants. > If is impossible for almost anyone doing anything on Broadway to provide parking, including both retail and restaurants. > This seems like an unnecessary and time-consuming process to get something that is otherwiss encouraged. Chair Loftis made a motion, seconded by Commissioner Terrones, to place the item on Consent Calendar with corrections made to the Variance application. The motion carried by the following vote: Aye: 5- DeMartini, Loftis, Gum, Terrones, and Gaul Absent: 2- Bandrapalli, and Sargent City of Burlingame Page 2 Printed on 11/22/201 B 1��i1 �';.T t��\ 6URlIfJGFMF� � COMMUNITY DEVELOPMENT DEPARTMENT • 5O1 PRIMROSE ROAD • BURLINGAME, CA 94010 p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org APPLICATION TO THE PLANNING COMMISSION Type of application: ❑ Design Review Ca�onditional Use Permit Cl�ariance ❑ Parcel #: D��o �C�QS" t (O7� ❑ Special Permit ❑ Zoning / Other: PROJECT ADDRESS: �� Zl� 1�rc;c�-��Qc�vc�,t� � APPLICANT Name: � �2�I �,�; � . p� ' � Address: 2(i � ��-�1) � . City/State/Zip: � 1`�Q �(v l.�t�-k- ��'7 � v Phone: 5� l� � 2 ��' [ O� a under. E-mail: q/`l�,�'(� (7CS Si'�� Q(�� S• w�-mail: ' Ga'`� ARCHITECT/DESIGNER , Name: CC,nn,� QS i� li r �� Address: City/State/Zip: Phone: E-mail: Burlingame Business License alty Authorization to Reqroduce Proiect Plans: 1 hereby grant the City of Burlingame the authority to reproduce upon request and/or post plans submitted with this application on the City's website as part the Planning approval process and waive any claims against the City � arising out of or related to such action (Initials of Architect/Designer) PROJECT DESCRIPTION: AFFIDAVIT/SIGNATURE: I herE best of my knowledge and belief. ApplicanYs signature: I am aware of the proposed appli Commission. Property owner's signature: PROPERTY OWNER Name: I QN �4 Qn Address: City/State/Zip: ' � Phone: �-/ � - 9 �q� 82G 3 �ECEIVED � C T 17 2016 CITY OF BUftLINGAME CDD-PLANNING Dh/. r ury that the information given herein is true and correct to the Date: ( D • � � ' �� d hereby applicant to submit this application to the Planning Date: �� - 1(� - � Date submitted: � �' l�- 2 i�' � S: �HANDOUTS�PCApplication.doc Kevin E . Stong Architects, Inc. Architecture Interiors Planning September 20, 2016 Community Development Department 501 primrose Road Burlingame, CA 94010-3997 Reference: Bolder Cup Cafe, 1326 Broadway, Burlingame, CA To Whom It may Concern, In follow up to the previous submittal for a Conditional Use Permit, we hereby submit an additional Application and revised drawings for a Variance. The Variance is to convert an existing Retail Use to a Restaurant Use. Because the parking requirement is double that of a retail use, we have observed the existing three public parking lots in the vicinity and have found an average of 5 car spaces available at each of the lots throughout the day. Also, there are another 5 spaces on average, available on the street directly in front of our proposed restaurant. We feel comfortablc that there is adequate parking for our proposed restaurant customer use. The proposed menu will be unique to the neighborhood. Whereas most of other restaurants cater to the dinner customer, Bolder Cup cafe will serve a fusion Breakfast, Lunch and Dinner with a changing menu throughout the day. More importantly, there will be a large hot and cold Food-To-Go selection for customers. This will be a benefit for other business retailers in the area who can't stay to eat. The cafe will also make fresh pastries and baked goods. Espresso Coffee, blended frui� drinks and ice cream will also be served. The high ceiling Dining area has a lot of natural light. The walls will contain rotating artwork from local artists. It is the desire to make Bolder Cup cafe the place for Burlingame residents to feel at home. In summary, Bolder Cup Cafe will be an asset to the Broadway Avenue retailers and local residents of Burlingame The owners look forward to opening this unique restaurant and bakery. Sincerely, R � � E � � � i� Kevin E. Stong Architects, In . S E P 2 2 2 016 Kevin E. Stong A A CITY OF BURLINGAME CDD-PLANNING DIV. 2618 8'th Street, Berkeley, CA. 94710 Tel: 510 204-9090 Fax: 510 204-9097 architectsnston�architectscom www.stongarchitects.com � C� �,.�� Zc� f?�o��4� ��;�.5�� . ��d n City of Burlingame • Community Development Oepartment • 5U1 Primrose R°ad ' P i�i 558-�/250 • F(650) 696-3790 • www•burlins�ame.a� gI�RLINGAME ' CITY OF BURLINGAME CATION� CONDfTIONAL USE PERMIT APPLI �I`VED 0 6 2016 CiTY OF BUP�lNGAME CDD-PI�[�PJ�NG DIV. The Planning Commission is required by law to make findings as defined by the City's . Ordinance (Code Section 25.52.020). Your answers to the following questions can assist the Planning Commission in making the decision as to whether the findings can be made for your request. Please type or write neatly in ink. Refer to the back of this form for assistance�with these questions. 1. Explafn why the proposed use at the proposed location will not be detrimental or injurious to proper[y or improvements in the vicinity or to public health, safety, genera/ welfare or convenience. A�1 �"�a.s1.. %c�c.�bc,� w�l� �. 5�"�re� ►� �c��`S . q � Pass. 1 K��or ,c�� c,e,,�u,�e ,,,,;1� be. F�1�� by � �. k�-�-��+,. A�-; c e y..Q P r es S� 6., � 5�5�'�,�,,,, .�i �1� �e. �� s�A.� :� ��.c��saC � H�- S1�'f 'I�° f�7� �0�2. aV� cdo��+..� Q��:�.r.P� w�� r Se� v r; �t ��sZo.. F�a� feS�M,�an� �,11 1�.'��^ti(��%1� `;� ��h,V' f`C.S�'C'a.�rth'�'S Ir r�e;5kborl�� 4r�.a 3"�tci��y V r� Y t,� � t, �$ Q, i f 0.�@ � c� Q�� 1 �: n S w�. �'�^ Q- 1''�' r� pc,t��l�� . �� S le c.�.� e. l r� t a r �1�0.. � P�ce. 2. How wrl/ the proposed use be located and conducted in accordance wi t h t h e Burlingame General Plan and Zoning Ordinance? f � �S� iS �a'v�� . t�J�� c�Cv`�f'�,jl 1' ��tn � � 2�,;� Ora;,��,�.�2 � 3. How will the proposed project be compatible with the aesthetics, mass, 6ulk and character of the existing and potential uses on adjoining properties in the general vicinity? � rc. ,,,��1 1� rn� CJ1nan��s �': �'i^�- ��-�o� Sl�.�\1 af �o� -��,ae.. Handouts\Conditior�t Use Permit App.d Rev 06.2007 ,'�`� BURIINGAME , . � I1 J1"? ��al �o I COMMUNITY DEVELOPMENT DEPARTMENT • bO'I PRIMROSE ROAD • BURLINGAME, CA 94070 II jp: 650,558.7250 • f: 660.696.3790 • www.burlingame.org i 1'3ZCo �'oaJ w� — �dl�or �y � �t� . . .. � � ,....� �-.>. a � �' � �� $ _. .� � � � � CI1'Y Of BURLINGAME I�,,, ; � 2016 VARIANCE APPLICATlON `` �' � � � �.�f_�,,, :,� _ _ : ._`.UGAME - , �� The Planning Commission is required by law to make findings as defined by the City's �Ordinance (Code Section 25.54.020 a-d}. Your answers to the following questions can assist the Planning Commission in mafcing the decision as to whether the findings can be made for your request. Please type or write neatly in ink. Refer to the back of this form for assistance with these questions. a I_•'� c. � Describe the exceptional or extraordinary circumstances or conditions applicable to your properfy which do not apply fo other properties in this area. 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'�- 1%..�-� a��e S S��e vra,n� WJ.J�� 1nC�J(�, f�Cc �IZS'�!5 TCUf r��-1^ S S�ces a o y�c�'t Can,�' a l � v�n - s� ��r1L''^`�, J G . ��n�'C'• , �1.� S��e �eJ,..:s�r5 �.,��hs �� b�;�J,".�S �� a1, c, S`' �� Z �,�.�.r -� i Je J`�� h� � 1p�s� c `�j�e �r��'s Q �'�s �� r�;�,,"f' � S�'� s�o� �i�`� �-eY,,e,,� W�F�,se�-� r �; e1'S '� v��e iSh��:��c� 1�, �� n � M n.,� � i t� C-i7 M+�n v � �� ` �"C: S'-t' � 5 �� r�k.., W� t � ��,v'Q c-� S� G��iJ `�c. ��`l�.�JP� ��Q�-ty a+ ``�Ghn � n �., J' � � � a., j �-'`� �, -� iC: ">Q ne�� • Cur av� — ��- �' � � �ev, c,e, - rv.c„ �.�i•-� C'��,v�,..,-�.� �, c.�� '7 � �''�ti` �"��,, S 0(��`^'^� e"��`�'1`� '''-�.'eS ��•�r i ac-�e5�' P�,s� �� S��;or,$ �J '��, w'-�` a's�r^ , i , �`' e�� `1 �� ,..:Q.�;�, � . �-ra,� � .�. a . Community Devefopment Dept. • SO�f Primrose Road ■ Burlingame, CA 9401Q ■ Pi650.558.i�50 � F:660,696,3790 + www.burfinaame,oro � OtJRLINGAM6 � ' I �CONIMER�lAL, API�Li�ATtON ��EIVED L_ PLANNING COMMISSIO APPLICATION SUPPLEM'ENTAL F 1. Propo�ed usE of ihe site �2 '� � 2. Days and hours of operation 7AM to 1 OPM Monday to Sunday CITY OF BUF�tINGAME 3. Numbet of truck�/service vehicles to be parked at site (by type) �� n,�, p� � 4. Current and projected maximum number of employees (jnciuding owner) at this lacatipn: HC}tdt'S Qf E3e�f�re Opera'tian S:OD pm Weeicdays 3 . �u��i-kirne ' l�art iime �_ �,` fte r 5:_(IO g�3 4 Be�€ore �fter S:Ob pr� 5:�d lc�m 4 � 5 Before After 5: (?0 pm 5: D0 prr� 4 5 �.�, � � � I 1 i 1 1 1 a V�feeicends -�_ � Futi-time 3 � 4 4 5 4 4 Pa� �irtte _ - - � 1 1 � 1 � �. Curr2nt �nd projected maximum nurnber of visitors/custamers who may come to the site: Hours b� I B�i�ore ��s�ra��io� S:OEI pm tJ�ale�kda�s 80 100 �fter � Bef�re 5_0� pm � 5:00 pm 50 � 90 i � 70 i 80 4rter I �e�are After S:�O prr� I 5:00 pm 5:U0 prn 70 I 90 70 I 80 80 80 6. �/Vhat is tne maximum number of peopie expectea on s'ite at any one tirne (inciude owner, employees an�3 visitors/customers): "�j� ?. Where do/wifl the owner and employees park? stre.et and/Qr the parking lot around the area 8. Where do/will the customers/visitors park� s#reE and/or parking lot around the area 9. Present or r�ost recent use of site _ ' � 10, List atnar tenants on proper�y, their number of employees, hours of operation (attach a list if more roorn Es needed) _ � �., Commerciai Appiication.doc � �� CITY O� ��' ; d 1 �1 ,� �� .� �� L��' -no '�`rorvnr Project Address From: Project Comments - Planning Application Request for Conditional Use Permit for a food establishment at 1326 Broadway, zoned C-1, APN: 026-095-160 Rick Caro III Building Division Please address the following comments at this time; provide a written response and revised plans with your resubmittal: No Comment The following comments do not need to be addressed now, but you should be aware of them as they will need to be addressed at time of building permit submittal. � 2) 3) 4) 5) 6) 7) 8) As of January 1, 2014, SB 407 (2009) requires non-compliant plwnbing tixtures to be replaced by water- conserving plumbing fixtures when a property is undergoing alterations or improvements. This law applies to all residential and commercial property built prior to January 1, 1994. Details can be found at htt�//www leginfo ca gov/pub/09-10/bill/sen/sb 0401- 0450/sb 407 bill 20091011 chaptered.html. Revise the plans to show compliance with this requirement. Specify on the plans that this project will comply with the 2013 California Energy Efficiency Standards. Go to http://www.energ_ .�ca.�ov/title24/2013standards/ for publications and details. Provide two completed copies of the attached Mandatory Measures with the submittal of your plans for Building Code compliance plan check. In addition, replicate this cornpleted document on the plans. Note: On the Checklist you must provide a reference that indicates the page of the plans on which each Measure can be found. Place the follow�ing information on the first page of the plans: "Construction Hours" Weekdays: 8:00 a.m. — 7:00 p.m. Saturdays: 9:00 a.m. — 6:00 p.m. Sundays and Holidays: "No work is allowed" (See City of Burlingame Municipal Code, Section 13.04.100 for details.) On the first page of the plans specify the following: "Any hidden conditions that require work to be performed beyond the scope of the building permit issued for these plans may require further City approvals including review by the Planning Commission." The building owner, project designer, and/or contractor must submit a Revision to the City for any work not graphically illustrated on the Job Copy of the plans prior to performing the work. Anyone who is doing business in the City must have a current City of Burliiigame business license. Provide a fully dimensioned site plan which shows the true property boundaries, the location of all structures on the property, existing driveways, and on-site parking. Due to the extensive nature of this construction project the Certificate of Occupancy will be rescinded once construction begins. A new Certificate of Occu�ancy will be issued after the project has been final. No occupancy of the building is to occur until a new Certificate of Occupancy has been issued. 9) Provide a complete demolition plan that includes a legend and indicates existing walls and features to remain, existing walls and features to be demolished and new walls and features. NOTE: A condition of this project approval is that the Demolition Permit will not be issued and, and no work can begin (including the removal of a� building components), until a Building Permit has been issued for the project. The property owner is responsible for assuring that no work is authorized or performed. 10) Show the distances from all exterior walls to property lines or to assumed property lines 1 I) A copy of the plans, stamped "Approved" by San Mateo County Environmental Health Department, must be submitted to the Building Division prior to issuance of the buildin�permit. 12) Complete the occupant load table below, that accounts for all floor area in the tenant space, and provide the table on the first page of the plans. See 2013 CBC § 1004.4 and Table 1004. I.2. 13) On your plans provide a table that includes the following: a. Type of construction b. Occupancy classification for occupant load over 49 Note: Occupant load over 49 for this type of establishment would be considered an A-2 and would require two separate exits to the public right of way. 14) Acknowledge that, when plans are submitted for building code plan check, they will include a complete underground plumbing plan including complete details for the location of all required grease traps and city-required backwater prevention devices. 15) lllustrate compliance with the minimum plumbing fixture requirements described in the 2013 California Plumbing Code, Chapter 4, Table 422.1 Minimum Plumbing Facilities and Table A- Occupant Load I-� actor. 16) Separate toilet facilities are required for eacli sex, except: a. Residential occupancies b. Occupancies se�ving ten or fewer people may have a toilet facility for use by more than one person at a time, shall be pennitted for use by both sexes. 2013 CPC §422.2 #2. c. Business and Mercantile occupancies with a total occupant load of 50 or less, including customers and employees, one toilet facility, designed for use by no more than one person at time, shall be pecmitted for use by both sexes. 2013 CPC §422.2 #3. 17) Specify the accessible path of travel from the public right of way, through the main entrance, to all areas of alteration including kitchen, offce and storage 18) Specify an accessible path of travel from all required exits to the public right of way. 19) Specify the path of travel from on-site parking, through the main entrance, to the area of alteration 20) Specify a level landing, slope, and cross slope on each side of the door at all required entrances and exits. 21) Specify accessible countertops on sheet A 1.0 per detail 2 where multiple transaction stations are located / service counters are provided 22) Provide complete dimensioned details fior the `emp(oyee washroom" 23) Provide an exit plan showing the paths of travel 24) Specify the total number of parking spaces on site. Reviewed By: Rick Caro III Date: October 7, 2016 650 558-7270 Project Comments Date: To: From: Subject: Staff Review: April 13, 2016 � Engineering Division (650) 558-7230 X Building Division (650) 558-7260 � Parks Division (650) 558-7334 � Fire Division (650) 558-7600 � Stormwater Division (650) 342-3727 0 City Attorney (650) 558-7204 Planning Staff Request for Conditional Use Permit for a food establishment at 1326 Broadway, zoned C-1, APN: 026-095-160 April 18, 2016 1) Plans submitted for any commercial project must be designed, wet-stamped, and signed by a licensed architect. 1997 Uniform Administrative Code §302.2 and §302.3. 2) As of January l, 2014, SB 407 (2009) requires non-compliant plumbing fixtures to be replaced by water-conserving plumbing fixtures when a property is undergoing alterations or improvements. This law applies to all residential and commercial property built prior to January 1, 1994. Details can be found at htt�//www l�info ca gov�pub/09-10/bill/sen f sb 0401- 0450/sb 407 bill 20091011 chaptered.html. Revise the plans to show compliance with this requirement. 3) Specify on the plans that this project will comply with the 2013 California Energy Efficiency Standards. Go to http://www.energ_ .y ca.�ov/title24/2013standards/ for publications and details. 4) Provide two completed copies of the attached Mandatory Measures with the submittal of your plans for Building Code compliance plan check. In addition, replicate this completed document on the plans. Note: On the Checklist you must provide a reference that indicates the page of the plans on which each Measure can be found. 5) Place tlle following information on the first page of the plans: "Construction Hours" Weekdays: 7:00 a.m. — 7:00 p.m. Saturdays: 9:00 a.m. — 6:00 p.m. Sundays and Holidays: 10:00 a.m. — 6:00 p.m. (See City of Burlingame Municipal Code, Section 13.04.100 for details.) 6) On the first page of tlle plans specify the following: "Any hidden conditions that require work to be performed beyond the scope of the building permit issued for these plans may require further City approvals including review by the Planning Commission." The building owner, project designer, and/or contractor must submit a Revision to the City for any work not graphically illustrated on the Job Copy of the plans prior to perfonning the work. 7) Anyone who is doing business in the City must have a current City of Burlingame business license. 8) Provide a fully dimensioned site plan which shows the true property boundaries, the location of all structures on the property, existing driveways, and on-site parking. 9) Due to the extensive nature of this construction project the Certificate of Occupancy will be rescinded once construction begins. A new Certificate of Occupancy will be issued after the project has been final. No occupancy of the building is to occur until a new Certificate of Occupancy has been issued. 10) Provide a complete demolition plan that includes a le 7� and indicates existing walls and features to remain, existing walls and features to be demolished and new walls and features. NOTE: A condition of this project approval is that the Demolition Permit will not be issued and, and no work can begin (including the removal of a� building components), until a Building Permit has been issued for the project. The property owner is responsible for assuring that no work is authorized or performed. 11) Show the distances from all exterior walls to property lines or to assumed property lines 12) A copy of the plans, stamped "Approved" by San Mateo County Enviro�unental Health Department, must be submitted to the Building Division prior to issuance of the buildin�permit. 13) Complete the occupant load table below, that accounts for all floor area in the tenant space, and provide the table on the first page of the plans. See 2013 CBC § 1004.4 and Table ] 004.1.2. 14) On your plans provide a table that includes the following: a. Type of construction b. Occupancy classification for occupant load over 49 Note: Occupant load over 49 for this type of establishment would be considered an A-2 and would require two separate exits to the public right of way. I S) Acknowledge that, when plans are submitted for building code plan check, they will include a complete underground plumbing plan including complete details for the location of all required grease traps and city-required backwater prevention devices. 16) Illustrate compliance with the minimum plumbing fixture requirements described in the 2013 California Plumbing Code, Chapter 4, Table 422.1 Minimum Plumbing Facilities and Table A- Occupant Load Factor. 17) Separate toilet facilities are required for each sex, except: a. Reside�ltial occupancies b. Occupancies serving ten or fewer people may have a toilet facility for use by more than one person at a time, shall be permitted for use by both sexes. 2013 CPC §422.2 #2. c. Business and Mercantile occupancies with a total occupant load of 50 or less, including customers and employees, one toilet facility, designed for use by no more than one person at time, shall be permitted for use by both sexes. 2013 CPC §422.2 #3. 18) Specify the accessible path of travel from the public right of way, througll the main entrance, to all areas of alteration including kitchen, office and storage 19) Specify an accessible path of travel from all required exits to thc public right of way. 20) Specify the path of travel from on-site parking, through the main entrance, to the area of alteration 21) Specify a level landing, slope, and cross slope on each side of the door at all required entrances and exits. 22) Specify accessible countertops on sheet A 1.0 per detail 2 where multiple transaction stations are located / service counters are provided 23) Provide complete dimensioned details for the "employee washroom" 24) Provide an exit plan showing the paths of travel 25) Specify the total number of parking spaces on site. NOTE: A written response to the items noted here and plans that specifically address items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 must be re- submitted before this project can move forward for Planning Commission action. The written response must include clear direction regarding where the requested information can be found on the plans. �j, � _� Reviewed by: (./l-�� .L� Date: April 18, 2016 Rick Caro III, CBO 650-558-7270 Project Comments Date: To: From: Subject: Staff Review: April 13, 2016 X Engineering Division (650) 558-7230 � Building Division (650) 558-7260 � Parks Division (650) 558-7334 0 Fire Division (650) 558-7600 0 Stormwater Division (650) 342-3727 � City Attorney (650) 558-7204 Planning Staff Request for Conditional Use Permit for a food establishment at 1326 Broadway, zoned C-1, APN: 026-095-160 April 18, 2016 . , , , r,,,.,,,.- .,,� ,.i„ ,+� , 3. Sewer Backwater Protection Certification is required for the installation of any new sewer fixture per Ordinance No. 1710. The Sewer Backwater Protection Certificate is required prior to the issuance of Building Permit. 4. The sanitary sewer lateral (building sewer) shall be tested per ordinance code chapter 15.12. Testing information is available at the Building department counter. A Sewer Lateral Test encroachment permit is required. 5. No further comments. Reviewed by: M. Quan Date: 10/7/16 Project Comments Date: To: From: Subject: Staff Review: April 13, 2016 X Engineering Division (650) 558-7230 0 Building Division (650) 558- 7260 � Parks Division (650) 558-7334 � Fire Division (650) 558-7600 � Stormwater Division (650) 342-3727 � City Attorney (650) 558-7204 Planning Staff Request for Conditional Use Permit for a food establishment at 1326 Broadway, zoned C-1, APN: 026-095-160 April 18, 2016 1� On the floor plan, please show the location of all locations for utilities (PG&E, water, �sewer, and sewer cleanout). Please be aware that debris bins will not be allowed on Broadway Avenue during normal business hours nor will parking spaces be reserved during construction. 3. Sewer Backwater Protection Certification is required for the installation of any new sewer fixture per Ordinance No. 1710. The Sewer Backwater Protection Certificate is required prior to the issuance of Building Permit. 4. The sanitary sewer lateral (building sewer) shall be tested per ordinance code chapter 15.12. Testing information is available at the Building department counter. A Sewer Lateral Test encroachment permit is required. Reviewed by: M. Quan Date: 4/18/16 Project Comments Date: To: From: Subject: Staff Review: Aprii 13, 2016 � Engineering Division (650) 558-7230 � Building Division (650) 558-7260 � Parks Division (650) 558-7334 r Fire Division (650) 558-7600 0 Stormwater Division (650) 342-3727 � City Attorney (650) 558-7204 Planning Staff Request for Conditional Use Permit for a food establishment at 1326 Broadway, zoned C-1, APN: 026-095-160 April 18, 2016 1. Plans indicate a Type I cooking hood without a commercial cooking line and the requirement for a hood & duct fixed extinguishing system. Where? 2. Addressing/premise identification shall be updated to current standards §17.04.070. 3. Install a fire department key box (knox). 4. All sprinkler drainage shall be placed into landscaping areas. 5. Drawings submitted to Building Department for review and approval shall clearly indicate separate Fire Sprinkler Underground & Fire Sprinklers shall be installed and shop drawings shall be approved by the Fire Department prior to installation. Reviewed by: `�� Date��d„_ � —��— — Project Comments Date: To: From: Subject: Staff Review: April 13, 2016 � Engineering Division (650) 558- 7230 0 Building Division (650) 558-7260 � Parks Division (650) 558- 7334 � Fire Division (650) 558-7600 X Stormwater Division (650) 342-3727 � City Attorney (650) 558-7204 Planning Staff Request for Conditional Use Permit for a food establishment at 1326 Broadway, zoned C-1, APN: 026-095-160 April 18, 2016 1. Any construction project in the City, regardless of size, shall comply with the city's stormwater NPDES permit to prevent construction activity stormwater pollution. Project proponents shall ensure that all contractors implement appropriate and effective Best Management Practices (BMPs) during all phases of construction, including demolition. When submitting plans for a building permit, please include a list of construction BMPs as project notes, preferably, on a separate full size (2'x 3' or larger), plan sheet. A downloadable electronic file is available at: http://www.flowstobay.orq/Construction ,� !� �� y � /�� /, Reviewed by: ; :,�/ �. Date: r � Carolyn �z, Environmental Compliance Manager Project Comments Date: To: From: Subject: Staff Review: April 13, 2016 � Engineering Division (650) 55�7230 � Building Division (650) 558-7260 �, Parks Division (650) 558-7334 � Fire Division (650) 558-7600 0 Stormwater Division (650) 342-3727 0 City Attomey (650) 558-7204 Planning St�ff Request for Conditional Use Permit for a food establishment at 1326 Broadway, zoned C-1, APN: 026-095-160 April 18, 2016 1. No Comments Reviewed by: BD Date: 4/15/16 RESOLUTION APPROVING CATEGORICAL EXEMPTION, CONDITIONAL USE PERMIT, AND PARKING VARIANCE RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a Categorical Exemption has been prepared and application has been made for Conditional Use Permit and Parkinq Variance for a new food establishment in an existinq commercial buildinq at 1326 Broadwav, Zoned C-1, Broadwav Commercial Area, Tian Honq Tan, propertv owner, APN: 026- 095-160; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on November 28, 2016, 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: 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 Section 15301 - Existing facilities, Class 1(a) of the CEQA Guidelines, which states that interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances are exempt from environmental review, is hereby approved. 2. Said Conditional Use Permit and Parking Variance are approved subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such Conditional Use Permit and Parking Variance are set forth in the staff report, 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, , 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 dav of November, 2016, by the following vote: Secretary EXHIBIT "A" Conditions of Approval for Categorical Exemption, Conditional Use Permit, and Parking Variance. 1326 Broadway Effective December 8, 2016 Page 1 that the project shall be built as shown on the plans submitted to the Planning Division date stamped October 6, 2016, sheets A-0.0 through A-2.0; 2. that the business shall provide litter control and sidewalk cleaning along all frontages of the business and within fifty (50) feet of all frontages of the business; 3. that any seating on the sidewalk outside shall conform to the requirements of any encroachment permit issued by the city; 4. that the conditions of the Building Division's October 7, 2016 and April 18, 2016 memos, the Fire Division's April 18, 2016 memo, the Engineering Division's October 7, 2016 and April 18, 2016 memos, and the Stormwater Division's April 18, 2016 memo shall be met; and 5. that the project shall meet all the requirements of the California Building Code and California Fire Code, 2013 edition, as amended by the City of Burlingame, and that failure to comply with these conditions or any change to the business or use on the site which would affect any of these conditions shall require an amendment to this use permit. . CITY OF BURLINGAME � ' COMMUNITY DEVELOPMENT DEPARTMENT BURLINGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 F � � � �-_--- .- PH: (650) 558-7250 • FAX: (650) 696-3790 www.burlingame.org Site: 1326 BROADWAY The City of Burlingame Planning Commission announces the following public henring on MONDAY, NOVEMBER 28, 2016 at 7:00 P.M. in the City Hall Council fhambers, 501 Primrose Road, Burlingame, fA: Applicotion for (onditional Use Permit and Parking Variance for a new food establishment at 1326 BROADWAY zoned C-1, Broadway Commercial Area. APN 026-095-160 Mailed: November 18, 2016 (Please refer to other side) PUBLIC HEARING NOTICE Citv of Burlinc�ame A copy of the application and plans for this project may be reviewed prior to the meeting at the Community Development Department at 501 Primrose Road, Burlingame, California. If you challenge the subject application(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing, described in the notice or in written correspondence delivered to the city at or prior to the public hearing. Property owners who receive this notice are responsible for informing their tenants about this notice. For additional information, please call (650) 558-7250. Thank you. William Meeker Community Development Director PUBLIC HEARING NOTICE (Please refer to other side) ��..� ?��'� � � �: � `�� $� /"_ ! ;: �'� � }. � �� { _ � � . �.� ��" �+� 1326 Broadway Avenue, C-1