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Home My WebLink About1308 Burlingame Avenue - Staff ReportItem CI T Y OF B URLINGAME CONDITIONAL USE PERMIT Address: 1308 Burlingame Avenue Meeting Date: 1/10/00 Request: Conditional use permit for an existing food establishment in the Burlingame Avenue commercial area at 1308 Burlingame Avenue, zoned C-1, Subarea A, Burlingame Avenue Commercial Area (C.S. 25.36.040, �. Name of Food Establishment: The Cakery APN: 029-152-190 Property Owner: Gensler Family L. P.I. Lot Area and Dimensions: 8,125 SF (65' x 125') Zoning: C-1, Subarea A 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 Burlingame Avenue commercial area, Subarea A, and the Broadway commercial area conditional uses. The ordinance requires that all food establishments in these commercial areas obtain conditional use permits to reflect the requirements of the new ordinance. 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 Cakery did not have any on-site seating and is now as a part of this use permit requesting to add a seating area to their establishment. 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: Since The Cakery currently does not have a conditional use permit for their business, this application is for a conditional use permit for an existing food establishment as required by Ordinance 1619. The Food Establishment Table by Type defined the food establishment located at 1308 Burlingame Avenue as follows: • Business Name: • Business Address: • Category: The Cakery 1308 Burlingame Avenue Limited Food Service Establishment • Seating Area: none Conditional Use Permit 1308 Burlingame Avenue The current food establishment located at 1308 Burlingame Avenue, The Cakery, is classified as Limited Food Service with no on-site seating. In the July 1998 survey for The Cakery, it was noted that food is served in paper containers with plastic flatware. Food is ordered and paid for before consumption, but occasionally paid for at the end of a meal. The applicant also noted in the survey that there was approximately 220 SF of area for on-site seating. The applicant is now requesting 138 SF of seating to be added to the food establishment. The proposed seating area will allow aisle space to and in front of the bakery cases. The applicant submitted a floor plan, date stamped December 28, 1999 (11" x 17"), showing 138 SF of seating area (6'-3" x 22'). In the July 1998 survey, the merchant and property owner requested that The Cakery be classified as a Specialty Shop Food Establishment. Planning staff evaluated the business operation and determined that the business meets the criteria of a Limited Food Service Establishment, and that is the description shown on the approved Food Establishment Table by Type. PROPOSED Use: Limited Food Service (The Cakery) Seating Area: 138 SF EXISTING Limited Food Service (The Cakery) ALLOWED/REO'D *food establishment requires a conditional use permit none up to 250 SF with conditional use permit amendment * Conditional use permit required for food establishment in the Burlingame Avenue commercial area, Subarea A. 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. Any changes to tenant improvements including adding seating will require additional city review and possible a building permit. 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; e� Condirional Use Permir 1308 Burlingame Avenue (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 Subarea A 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 character of the commercial area. 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 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; 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); 3 Conditional Use Permit 1308 BurlingameAvenue 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. Ruben G. Hurin Planner c: The Cakery, applicant Gensler Family L. 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