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HomeMy WebLinkAbout1308 Burlingame Avenue - Approval Letter��� CITY o� BURLINOAME ��.,� CITY OF BURLINGAME Planning Deparunent City Hall - 501 Prunrose Road Burlingame, California 94010-3997 TeI. (650) 558-7200 January 20, 2000 Robert McMonigle The Cakery 1308 Burlingame Avenue Burlingame, CA 94010 Dear Mr. McMonigle, Since there was no appeal to or suspension by the City Council, the January 10, 2000 Planning Commission approval of your conditional use permit application became effective January 19, 2000. This application was for an existing food establishment classified as a Limited Food Service Establishment in the Burlingame Avenue commercial area at 1308 Burlingame Avenue, zoned C-1, Subarea A, Burlingame Avenue Commercial Area. The January 10, 2000 minutes of the Planning Commission state your application was approved with the following conditions: 1. that this business location presently occupied by a limited food service establishment, with 138 SF of on-site seating, may change its food establishment classification only to a full service restaurant or bar with approval of a conditional use permit for the establishment; 2. that the 138 SF area of on-site seating of the limited food service establishment shall be located as shown on the plans submitted to the Planning Department and date stamped December 28, 1999 (11" x 17" Floor Plan). The seating area may be enlarged only by an amendment to this conditional use permit; 3. that an amendment to this conditional use permit shall be required for delivery of prepared food from this premise; 4. that there shall be no food sales allowed at this location from a window or from any opening within 10' of the property line; January 20, 2000 1308 Burlingame Avenue page -2- 5. that if this site is changed from any food establishment use to any retail or other use, a food establishment shall not be replaced on this site and this conditional use permit shall become void; 6. that the applicant shall provide daily litter control along all frontages of the business and within fifty (50) feet of all frontages (front and rear) of the business; 7. that the project shall be built as shown on the plans submitted to the Planning Department and date stamped December 28, 1999 (11" x 17" Floor Plan); 8. that this food establishment may be open 6:30 A.M. to 6:00 P.M. Monday through Sunday, with a maximum of 10 employees on site at any one time; 9. 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; and 10. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes, 1998 Edition, and as amended by the City of Burlingame. The decision of the Council is a fmal administrative decision pursuant to Code of Civil Procedure Section 1094.6. If you wish to challenge the decision in a court of competent jurisdiction, you must do so within 90 days of the date of the decision unless a shorter time is required pursuant to state or federal law. Sincerely yours, ��U���, V I Nr `� Margaret Monroe City Planner RH\s 1308burl.cca c. Gensler Family L.P.I. 405 Primrose Road #300 Burlingame, CA 94010 Chief Building Inspector Chief Deputy Valuation, Assessor's Office (65 FT X 125 FT ON NWLY SIDE OF BLGME AVE COM 217.39 FT NE FR PRIMROSE RD ACREAGE CITY OF BURLINGAME; APN: 029-152-190) City ofBurlingame Planni�ig Com»:ission Mir:ules January 10, 2000 1308 BURLINGAME AVENUE, ZONED G1, SUBAREA A, BURLINGAME AVENUE CONIlI�RCIAL AREA �- APPLICATION FOR CONDITIONAL USE PERMIT FOR A FOOD ESTABLIS�IMENT (THE CAKERY, APPLICANT AND GENSLER FAMILY L.P.I. PROPERTY OWNER) and 301 AIRPORT B LEVARD, ZONED - RESOLUTION OF CERT ICATION OF FINAL ENVIRONMENTAL CT REPORT FOR THE ONSTRUCTION OF A 488,000 S OFFICE PROJECT, 1N TI��tEE FIVE-STORY BUII., GS ON A 16 ACRE S .(DAN LEVIN, GLENBORO H REALTY TRUST, C. D al noted t ad no conflict of interest with any project n this calendar. He did note that a`l�hough his name was th awings fo 516 Fores e a ationship ith the applicant and had not rece��ed any money from them. �Bojues moved approval of the consent calendar based on the facts in the staff reports, commissioners comments and he findings in the staff reports with recommended conditions in the staff reports and by resolutions. The motion was seconded by C. Vistica. Chairman Luzuriaga called for a voice vote on the motion and it passed 5-0-1 (C. Keighran absent). Appeal procedures were advised. 149 PEPPER AVENUE, NED R-1- APPL ATION FOR SIDE S BACK V ADDITION AT THE REAR F THE HOUSE REW & TRINA�SCAL, . A FIRST FLOOR AND PROPERTY Reference staffreport, 01.10.00, with achments. City Pl ner and Commission ussed the report, re � wed criteria and Planning Department comments. T e conditions were s gested for considerati . There .were no qu ions from the commission. Chairman Luzuriaga o ed the public hearing. drew Pascal, ap licant, 149 Pepper Avenu and Bernardo Urqu�, architect, 2160 Lake Stre San Francisco were b th present and a ilable to answer questions. Commissioners aske ; why grant the variance, have big (10,000 SF) lot, a ition is out of ch er with the existing buil ' g. Architect asked commissioner if he visited the s' e; yes, but was not insi the house. There a two issues that are im rtant, one is that there are certain rules establishe by the interior design f the house, main cor 'dor ends in the family om and it is in a specific place in the house, very ' tle space on the lot fr the family room to e neighbor; site design ' dif�icult to express in the drawings, want to have ddition lower than th rees along the side; t with neighbor, she di not want the impact of continuing the existing pla of the roof, wanted t have roof as low as p sible, applicant design a flat metal roof to espect the neighbors concer • design is in response existing conditions a neighbors concerns. ere were no furthe comments from the public a d the hearing was clos d. Commission comm ts: preserving the interior i important, not taking to consideration the e erior of the building, level of detail shown the plans inside the house is ood, but concerned th the exterior is being i ored, addition has an impact on the neigh rhood, not just on the adjac t neighbor, skylights ill be visible, seems lik he addition has many parts, many things a ched to it, could still have a g d exterior which can rk well with the interio - being asked to grant a variance on a lar lot, reduced setback of onl 3' for 32' in length, w offset by one foot may provide an opp rtunity to create some art' ulation to eliminate what ap ars to be an 80' long a113' from the property line; long wallli xtremely large and overbe 'ng; front of the building is ple ing, has nice approac and front facade but falls apart at the re concerned only with exte ' r; see no justification for the riance; this is a small piece at the rear of the house, has minima ffect, if any, on the cha cter of the neighborhood;, c sideration and sensitivi,ty shown to the neighbors is a i part of building a com unity; understand the conce t of preserving the interior spaces, feel this is justi ation for ting the minor variance considering variances have been granted for other properties where essentially a hous is torn do n, rebuilt with a greater variance requested; this project does not fit in category of requiring design review a d review should not be taken to that extreme, in support of the project as proposed. Councilman Harrison moved adoption of RESOLUTION 81-97. Seconded by Councilwoman Knight and carried unanimously by roll call vote. PUBLIC HEARING - ADOPTION OF ORDINANCE 1580 ESTABLISHING A NO PARKING ZONE ON THE SOUTH SIDE OF BROADWAY BETWEEN CHULA VISTA AND CALIFORNIA Public Works Director reviewed his memo of October 14 which recommended council hold a public hearing and take action. In September, council directed staff to prepare an ordinance to eliminate parking on Broadway adjacent to the Wells Fargo Bank in order to create an additional lane for eastbound/right turn traff'ic. This lane will increase the peak hour traffic capacity in this block by approximately 20 percent. The ordinance also corrects conflicting information in two city code sections with respect to parking on Broadway between Rollins and the train track. This will eliminate existing parking for four cars on the north side of the street adjacent to the Arco Station and will facilitate westbound traffic. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed. Councilman Harrison moved adoption of ORDINANCE 1580. Seconded by Councilwoman Janney and carried unanimously by voice vote. . � �� The City Attorney announced the agenda item awarding the contract for the California Drive Sewer Interceptor project was removed and held over to the next meeting, November 3, 1997. Marianne Saucedo stated she had a letter listed under acknowledgments, she would like to see the city improve Alpine Park now rather than wait for a year; asked that $60,000 be added to the budget to improve this park and $60,000 be added to improve Laguna and Trenton tot lots. She presented photographs of these parks with obsolete equipment. She asked all the parents and children in the audience in support of this request to wave their hands to council. David Magee, lives on Drake, had noticed that Chapin Avenue is very wide and suggested city make parking on that street 90 degree to increase number of available parking spaces; traffic and bike lanes could still be striped on the center of the street. Sam Malouf, Burlingame Avenue merchant, spoke of need to make any land swap with Safeway tied to architectural plans for a project; if council accepts this proposal to reconfigure the parking lot land, Safeway could build a"big box;" if they build a wall on Primrose it would isolate the facing properties; important that they maintain the architectural and pedestrian atmosphere of the downtown area. Robert McMonigle, The Cakery at 1308 Burlingame Avenue, wants to add seating inside bakery; said he had attended the Planning Commission meeting at which food establishments were discussed; he felt the commission did not understand the issue; they did not even mention "The Cakery"; he suggested a simpler approach such as allowing any business established before 1985 be "grand- fathered" in to allow seating for customers; he felt he could not wait six months to two years for the for the commission to revise the restaurant regulations; don't see how tables and chairs inside would Burlingame City Council 3 October 20, I997 .� create parking and litter problems when he is allowed tables and chairs outside without such concerns. Cliff Woods, Chicken Chicken on Primrose; representative from Ben & Jerry's; Cathy Nessier, Director of Call Primrose; Cathy Baylock, 1527 Newlands; the President of United Methodist Church board of trustees; Greg Mendell, Kern's Jewelers; Wendy McArdle; Will McGowan, 37 Lorton; and several other residents and merchants spoke about the Safeway plans; realized this issue before council tonight is only a concept but suggested council not approve a concept until they see the project as a whole; agreed Safeway needs to make improvements and it's true they met with neighbors, but nothing on the project has changed since July; asked council to deny the concept; supports Chicken Chicken, hold off action until whole project is considered; shocked to read about this proposal; would ruin the unique atmosphere of Burlingame Avenue area; said such a large store with proposed orientation would make her non-profit hard to iind for her clients; Safeway must consider the area; such a huge store would isolate the area; would not like having a wall on Primrose, it would ruin character of the street; lives about a block away and met with Safeway; they plan a huge rectangular building; exactly what she would not want to see; the plans haven't changed since July; the city is working hard to beautify Burlingame Avenue; support remodeling of store but really hope they listen to the community and consider nature of our town; concern about increased traffic and changes of curb cut locations and parking; church white curb was shortened from two to one space and have had several near accidents since then; increase in turning movements will increase chance of accidents; plans for a huge wall on Howard and the new single entrance to parking would impact church; city is beautifying downtown and we don't need a large warehouse type building here; this project not for Burlingame, encourage council to withhold action until there is some change by Safeway; concern about large trucks moving on Primrose; we don't need the largest Safeway in Northern California here; said deliveries on Primrose would be dangerous; would take a lot of large trucks to fill up such a large store; what are they doing about spills from trucks and odors; have talked to other cities with huge Safeways. Michael Smith, representing Safeway; said they are not asking for approval of a land swap, simply the idea or concept of a land swap; request has nothing to do with the project design; understand if council doesn't approve the concept, Safeway cannot make any application to city. Mayor thanked people for their comments. Vice Mayor Spinelli noted this requested action is only a concept of whether public parking lands can be reconfigured. DISCUSSION OF POLICY AND CRITERIA FOR RECONFIGURATION OF PA NG DISTRICT LANDS FOR THE PROPOSED SAFEWAY/WALGREEN'S PROJECT Vice Mayor Spinelli announced he would abstain from discussion and vote because of a possible conflict which occurred within the past year. City Planner reviewed her memo of October 13 which recommended council discuss and direct staff. Council can acknowledge request and agree that the city will accept an application for a project which will reconfigure the city's property in some fashion. This action will not prejudice any future council action on this matter, either for the land reconfiguration, terms of any exchange or transfer/sale, or for any proposed project. Michael Smith, Area Real Estate Manager for Safeway, is requesting that council give consideration to the concept of reconfiguring the current city parking lots K and L which were purchased with assessment district funds in the 1960's. Safeway and Walgreen's have been looking at the idea of combining all the parcels between Fox Plaza Lane and Howard, Primrose and El Camino, and using them so that both businesses could build more modern, efficient and bigger facilities. Since three of the parcels within this area are city owned, the city must agree to the concept of reconf'iguring our property before the applicants can proceed with an application which could affect the city's property. Councilman October 20, 1997 4 Burlingame City Council