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HomeMy WebLinkAbout1309 Burlingame Avenue - Staff ReportItem �' " CITY OF B URLINGAME AMENDMENT TO CONDITIONAL USE PERMIT Address: 1309 Burlingame Avenue Meeting Date: 1/10/00 Request: Amendment to a conditional use permit for an existing food establishment in the Burlingame Avenue commercial area at 1309 Burlingame Avenue, zoned C-1, Subarea A, Burlingame Avenue Commercial Area (C.S. 25.36.040, fl. Name of Food Establishment: Peet's Coffee and Tea APN: 029-202-070 Property Owner: Gurdial S. Johal Tr Lot Dimensions and Area: 4,952.75 SF 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 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. Some of the existing food establishments within these areas already have conditional use permits for take-out, delivery services and/or expansions. The ordinance requires that these establishments obtain amendments to their existing 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. Summary: In June 1994, the Planning Commission approved a conditional use permit for a new food establishment and take-out food for Peet's Coffee and Tea at 1309 Burlingame Avenue (June 21, 1994 approval letter and June 13, 1994 P.C. Minutes). The food establishment right from 256 Lorton Avenue (Family Favorites Bakery) was transferred to this location. Since Peet's Coffee and Tea currently has a conditional use permit for take-out food, this application is for an amendment to that existing conditional use permit as required by Ordinance 1619. The Food Establishment Table by Type defined the food establishment located at 1309 Burlingame Avenue as follows: • Business Nanae: • Business Address • Category: Peet's Coffee and Tea 1309 Burlingame Avenue Limited Food Service Establishment • Seating Area: 187 SF Amendment to Conditiona[ Use Permit 1309 BurlingameAvenue The current food establishment located at 1309 Burlingame Avenue, Peet's Coffee and Tea, is classified as Limited Food Service with 187 SF of on-site seating. The applicant was notified about the city's July 1998 survey findings. Planning would note that the applicant did not complete the July 1998 survey for Peet's Coffee and Tea and did not comment that there were errors in the city's data or classification. There was no dispute by the merchant or property owner during the public hearings on the ordinance and implementing tables. PROPOSED EXISTING Use: Limited Food Service Limited Food Service (Peet's Coffee and Tea) (Peet's Coffee and Tea) Seating Area: 187 SF 187 SF ALLOWED/REO'D *food establishment requires a conditional use permit 187 SF * 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. Changes to 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 area as of November 1999 and then as approved by City Council Resolution No. 111-1999 on October 18, 1999, and this business meets those criteria and 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 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 � Amendment to Conditional Use Permit 1309 Burlingame Avenue 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 (conditions from the previous conditional use permit are in italics, changes to these are shown in standard type face): that this business location presently occupied by a limited food service establishment, with 187 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 187 SF area of on-site seating of the limited food service establishment 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 establislunent 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 litter control along all frontages of the business and within fifty (50) feet of all frontages of the business; 7. that the project shall be designated a food establishment and shall be built as shown on the plans submitted to the Planning Department and date stamped May 5, 1994 Site Plan and Floor Plan; 8. that Peet's Coffee and Tea may be open 6:00 A.M. to 7:00 P.M. Monday through Friday, 7.•00 A.M. to 7.•00 P.M. Saturdays and 7.•00 A.M. to 6:00 P.M. Sundays with a maximum of 2 full-time employees at any one time and 5 part-time employees during the week and 5 part-time employees on the weekends; 9. that Peet's Coffee and Tea shall provide trash receptacles as approved by the city consistent with the streetscape improvements and maintain all trash receptacles at the front and rear entrances to the br.�ilding and at any additional locations approved by the City Engineer and Fire Department; 10. that a clear and accessible pathway shall be maintained to the required disabled accessible, male and female restrooms; and Amendment to Conditional Use Permit I309 BurlingameAvenue 11. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame. Ruben G. Hurin Planner c: Peet's Coffee and Tea, applicant Gurdial S. Johal Tr, property owner � (`��e f1�i�� of `�urliz���rnTe PLANNING DEPARTMENT CITY HALL - 501 PRIMROSE ROAD . BURLINGAME. CALIFORNIA 94010-3997 TEL (415) 696-7250 F�x (415) 342-8386 June 21; 1994 Louise Selin Peet's Coffee & Tea 1310 - 65th Street Emeryville, Ca 94608 Dear Ms. Selin: Since there was no appeal to or suspension by the City Council, the June 13, 1994 Planning Commission approval of your Special Permit application became effective June 20, 1994. This application was to allow take-out and new food establishment for a retail coffee store at 1309 Burlingame Avenue, zoned C-1 Subarea A, Burlingame Avenue Commercial Area. The June 13, 1994 minutes of the Planning Commission state your application was approved with the following conditions: 1• that the project shall be designated a food establishment and shall be built as shown on the plans submitted to the Planning Department and date stamped, May 5, 1994 Site Plan and Floor Plan; 2. that Peet's Coffee and Tea shall be open 6:00 A.M. to 7:00 P.M. Monday through Friday, 7:00 A.M. to 7:00 P.M. Saturdays and 7:00 A.M. to 6:00 P.M. Sundays with a maximum of 2 full- time employees at any one time and 5 part-time during the week and 5 part-time employees on the weekends; 3. that Peet's Coffee and Tea shall provide and maintain trash receptacles at the front and rear entrances to the building and any additional locations approved by the City Engineer and Fire Department; 4. that a clear and accessible pathway shall be maintained to the required disabled accessible, male and female restrooms; and 5. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame. � June 21, 1994 1309 Burlingame Commercial Area page -2- Avenue, zoned C-1 Subarea A, Burlingame Avenue All site improvements and construction work will require separate application to the Building Department. This approval is valid for one year during which time a building permit must be issued. One extension of up to one year may be considered by the Planning Commission if application is made before the end of the first year. (Erection of the signage will require separate application to the Building Department.) Sincerely yours, a/lc�c�.e,�--Vl�v, rr�,. Margaret Monroe City Planner MM:smg c: Gurdial Johal Bill Hass Chief Building Inspector Chief Deputy Valuation, Assessor's Office 50.61 FT X 92 FT MOL on Burlingame Ave com 49.39 FT SWly from Park Rd PTN of Lot 8, Block 5, Subd. Name Supp to Town of Burlingame Map No. 1; APN 029-202-070 I�'�rlingame Planning Commission Minutes June 13, 1994 all warranties or guarantees of appliances and fixtures and the estimated" life expectancy of all depreciable component parts of the property, including but not limited to the roof, painting, common area carpets, drapes and furniture; 6) that the parking garage shall be designed to city standards and shall be mana�ed and maintained by the condominium association to provide parking at no additional fee, solely for the condominium owners and their guests, and no portion of the parking area and aisles shall be converted to any other use than parking or used for any support activity such as storage units, utilities or other non- parking uses; 7) that the trash receptacles, furnaces, and water.heater shall be shown in a legal compartment outside of the required parking and landscaping and in conformance with zoning and Uniform Building Code and Uniform Fire Code requirements before a building permit� is issued; and 8) that the project including egress and access requirements, shall meet all the requirements of the municipal code and Uniform Building and Uniform Fire Codes as amended by the,.,City of Burlingame. . Motion was seconded by C. Jacobs and approved on a 5-0-2 (Crs. Ellis and Kelly absent) voice vote. Appeal procedures were advised. 8. TENTATIVE MAP FOR A NEW THREE STORY, EIGHTEEN (18) UNIT CONDOMINIUM AT 1209-1211 BAYSWATER AVENUE, ZONED R-4 (TIMOTHY AND JOSEPHINE BROSNAN PROPERTY OWNERS AND N.N. GABBAY APPLICANT . Reference staff report, 6/13/94, with attachments. CE Erbacher discussed the request, reviewed criteria, Planning,Department comments, and study meeting questions. One structure should be demolished prior to map filing so there is only one structure on the lot. Chm. Galligan opened the public hearing. There were no comments and the public hearing was closed. C. Jacobs moved to recommend approval of this tentative parcel map application, giving reference to CE comments, to City Council for consideration at their next meeting. Motion was seconded by C. Key and approved on a 5-0-2 (Crs. Ellis and Ket�ly absent) voice vote. Appeal procedures were advised. �9. SPECIAL PERMIT FOR TAKE-OUT AND NEW FOOD ESTABLISHMENT FOR A RETAIL COFFEE STORE AT 1309 BURLINGAME AVENUE, ZONED C-1 SUBAREA A, BURLINGAME AVENUE COMMERCIAL AREA (GURDIAL JOHAL, PROPERTY OWNER AND LOUISE SELIN,_APPLICANTI Reference staff report, 6/13/94, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Five conditions were suggested for co�sideration. Chm. Galligan opened the public hearing. Louise Selini, representing Peet's Coffee & Tea, discussed the corporations concern for litter control, appearance and maintenance of their sites. Gary Cohn, Bruin -5- F��rlingame Planning Commission Minutes June 13, 1994 Realty, commented on the seismic work and said it is 80� complete at this time and will be finished about 2 weeks before Peet�s begins its tenant improvements.. There were no comments and the public hearing was closed. C. Deal noted that this use will not be detrimental to the neighborhood and will be used in a manner compatible with the character of the existing and potential uses on adjoining properties in the general vicinity, he.then move& to approve.this special permit and application for a take-out food establishment, by resolution, with the following conditions; 1) that the project shall be designated a food establishment and shall be built as shown on the plans submitted to the Planning Department and date stamped, May 5, 1994 Site Plan and Floor Plan; 2) that Peet's Coffee and Tea shall be open 6:00 A.M. to 7:00 P.M. Monday through Friday, 7:00 A.M. to 7:00 P.M. Saturdays and 7:00 A.M. to 6:00 P.M. Sundays with a maximum of 2 full-time employees at any one time and 5 part-time during the week and 5 part-time employees on the;weekends; 3) that Peet's Coffee and Tea shall provide and maintain trash receptacles at the front and rear entrances to the building and any additional locations approved by the City Engineer and Fire Department; 4) that a clear and accessible pathway shall be maintained to the required disabled accessible, male and female restrooms; and 5) that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame. Motion was seconded by C. Mink and approved on a 5-0-2 (Crs. Ellis and Kelly absent) voice vote. Appeal procedures were advised. The Commission adjourned for a 10 minute break at 9:25 P.M. and reconvened at 9:35 P.M. 10. SPE�C:IALS PERMIT FOR DRAPERY SHOP AND DRY CLEANERS AND A PARKING VARIANCE FOR CONSTRUCTION OF A NEW`BUILDING AT 1501 EL CAMINO REAL, , ZONED C-1 (CHEVRON, U.S.A., PROPERTY OWNER AND JACK MATTHEWS, APPLICANTI Reference staff report, 6/13/94, with attachments. CP Monroe discussed the request., reviewed criteria; Planning Department comments, and study meeting questions. Nine conditions were suggested for consideration. A letter from a neighbor, submitted after the packet was prepared, was read into the record. CP MonzcSe explained that this application is not for a dry cleani�g plant but a,use permit for a dry cleaning agency, the actual cleaning of the clothes will be done in another town. F- ,y Chm. Galligan opened��the public hearing. Bob Vasquez, consultant for the applicant, and Jack Matthews, architect on the project, addressed the commission. It was noted that the design features match the shopping center. In response to the trip generation questions the applicants felt the maximum number of customers each day would be 4 to 5 at any one time, this was estimated by their receipts at another store. The majority of appointments,�ould be in the customers homes. Betty Daggett, 1149 Cambridge Rq'ad, Darin Schofield, 1152 Oxford Road, Sandy Towle, 2200 �'� -6- �`�,. � �- � � � � - � � � ; I � �: '"'� �1 � l ',,. �"�!�' .' e' � .. s� -; � ' �. ,� �.� -'*' . '/►�� � ,��;� _ �1����� ''�.., ► � • � . f-� • .. � .�`' ��6 � � �.� T,}< ' ,.`�A.. � ����, . - � �+ �'�'�, � � Q._.- ' . . � � '1''7 .i,f �•'� . ��• ,7"r y �Q'�- �l:� _. � �^ 1.. � f . �I,..�S � '��`.I � A. ��• . �� a 7 �_ , 1 : ,,,, � � . . . . ;_ . . : - �:' �,� ': �� � � �� ;' , ' - . - . � r ' '. „ ,: , _ u, `�, . � � .��� . .,� J �%; �� • . x ;; � �• �r� •ri;,�� : � � , • � � #..q il•���. '� _. "�; .� R' < . ' .. .uf , .,; ti k ` I 1', • �-- �ry� l �i.r�. }'` ' � � " ! 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For additional information, please call (650) 696-7250. ank. ou. � z° Y_ #�r� �;..�,� _ �;. ����ay"` ,�i,r; ` � : ,� ����� �� r: �4 � ��� ��� � � � Margaret t� o�� « , ' � "� � ��' City Planner �,.� � _ � �� �.� �. _: . _ ;� PUBLIC HEARING N4y` TICE (Please refer to other side) �t, ciTr o,� CITY OF BURLINGAME '` PLANNING DEPARTMENT BURLINCrAME 501 PRIMROSE ROAD k_ BURLINGAME, CA 94010 �.. TEL: (650) 696-7250 � �,.. 13r�9 BtlR�IIVGAME AVENUE , . --.. - , , : i; ARIV : ��y—�O�—�D7� Application fvr a�endment to a conditional use pUgLIC HEARING j per mit for an existing food establisha�ent in NO-�'CE I the Burlinga�ae Rvenue cowmercial �5ubareai�A9 Rur�lingaAe Avenue, zoned C-1, � Hurlingaee Avenue Coamercial Area. _.�_�.__.._.._ ._.. _. The City of Hurlinga�e �lanning Coesissian announces the foliowing public hearing o� Manday, January 10, 2000 at 7=00 p•M- in the 1 y a ounci a� ers located at 5@1 Rrimrose Road, Burlingaae, California. Mailed De�e�ber 29, 1999 (Please refer to other side) 'b �l J � � RESOLUTION APPROVING CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT AMENDMENT RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for � conditional use nermit amendment for an existin� food establishment classified as a Limited Food ervice Establishment at 1309 Burlin�ame Avenue. zoned C-1_ Subarea A, Burlin�ame Avenue Commercial Area� APN: 029-202-070: Gurdial S. Johal Tr. 1300 Burlingame Avenue, Burlin ame, CA 94010 pro�y owner; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on Janua ,r�� 10, 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 amendment 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. CHAIRMAN I, Ann Kei�hran , 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 l Oth day of anua , 2000 , by the following vote` AYES: COMMISSIONERS: NOES: COMNIISSIONERS: ABSENT: COMMISSIONERS: SECRETARY EXHIBIT "A" Conditions of approval for categorical exemption and conditional use permit amendment. 1309 BURLINGAME AVENUE effective January 19, 2000 1. that this business location presently occupied by a limited food service establishment, with 187 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 187 SF area of on-site seating of the limited food service establishment 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 litter control along all frontages of the business and within fifty (50) feet of all frontages of the business; 7. that the project shall be designated a food establishment and shall be built as shown on the plans submitted to the Planning Department and date stamped May 5, 1994 Site Plan and Floor Plan; 8. that Peet's Coffee and Tea may be open 6:00 A.M. to 7:00 P.M. Monday through Friday, 7:00 A.M. to 7:00 P.M. Saturdays and 7:00 A.M. to 6:00 P.M. Sundays with a maximum of 2 full-time employees at any one time and 5 part-time employees during the week and 5 part-time employees on the weekends; 9. that Peet's Coffee and Tea shall pro.�ide trash receptacles as approved by the city consistent with the streetscape improvements and maintain all trash receptacles at the front and rear entrances to the building and at any additional locations approved by the City Engineer and Fire Department; 10. that a clear and accessible pathway shall be maintained to the required disabled accessible, male and female restrooms; and 11. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame.