HomeMy WebLinkAbout1448 Burlingame Avenue - Staff ReportCity of Burlingame
Conditional Use Permit
Address: 1448 Burlingame Avenue
Item # 3b
Consent Calendar
Meeting Date: 1/14/02
Request: Conditional use permit for an existing food establishment in the Burlingame Avenue
commercial area at 1448 Burlingame Avenue, zoned C-1, Subarea A, Burlingame Avenue
Commercial Area (C.S. 25.36.040, fl.
Food Establishment: Hola! Mexican Restaurant and Cantina (previously Paragon Restaurant & Bar)
Property Owner: James P. and Ruth Modisette APN: 029-122-260
Lot Dimensions and Area: 6,465 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.
History: In 2000, the Planning Commission reviewed and approved conditional use permits for all food
establishments in the Burlingame Avenue and Broadway commercial areas. Most of these conditional use
permits were approved by consent calendar. While recently updating the Burlingame Avenue and
Broadway commercial area food establishment tables, Planning staff realized that a conditional use permit
had not been processed for an existing food establishment at 1448 Burlingame Avenue, most recently
occupied by Paragon Restaurant & Bar.
Planning staff is now processing a conditional use permit for the existing food establishment space at 1448
Burlingame Avenue, since it was overlooked in 2000. This tenant space was previously occupied by
Paragon Restaurant & Bar, which recently closed. It is now being replaced by Hola! Mexican Restaurant
and Cantina. Paragon was classiiied as a Full Service restaurant with 2,180 SF of on-site seating (1,089
SF - 1S` floor; 837 SF - 2nd floor; 254 SF - outdoor patio). Hola! Mexican Restaurant and Cantina meets
the criteria of a Full Service restaurant and is proposing no changes to the existing uses or layout.
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. The ordinance requires that these establishments obtain conditional use permits
to reflect the requirements of the new ordinance.
In order to facilitate, for merchants and property owners, the transition to the new requirements and to
provide them with an opportunity to clarify their establishment's operation, the City has initiated the
conditional use permit application at no cost to the owner or merchant.
Conditional Use Permit 1448 Burlingame Avenue
Summary: This application is for a conditional use permit as required by Ordinance 1619. The existing
food establishment space located at 1448 Burlingame Avenue is classified as Full Service with 2,180 SF
of on-site seating (1,089 SF - ls` floor; 837 SF - 2"d floor; 254 SF - outdoor patio). This application for a
conditional use permit includes the following:
Business Name:
Business Address:
Category:
Operation:
Seating Area:
# of Employees:
Hola! Mexican Restaurant and Cantina
1448 Burlingame Avenue
Full Service Food Establishment
Food ordered and paid for after consumption and served by waiters on
ceramic plates with metal flatware
2,180 SF total seating area:
1,089 SF (ls` floor) + 837 SF (2"d floor) + 254 SF (outdoor patio)
30, including the business owner and manager
Hours of operation: 11 a.m. to 2:00 a.m., seven days a week
1 able 1— 144ii 13urlln ame avenue
PROPOSED EXISTING ALLOWED/REQ=D
Use: Full Service Full Service *food establishment
(Hola! Mexican (vacant, previously requires a conditional
Restaurant and Cantina) occupied by Paragon use permit
Restaurant & Bar)
Seating Area: 2,180 SF total 2,180 SF total 2,180 SF total
1,089 SF - 151 floor 1,089 SF - 15i floor 1,089 SF - ls` floor
837 SF - 2"d floor 837 SF - 2"d floor 837 SF - 2"d floor
254 SF - outdoor atio 254 SF - outdoor patio 254 SF - outdoor atio
* Conditional use permit required for food establishment in the 13urlingame 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 existing tenant improvements will require additional
city review.
Conditional Use Permit 1448 Burlingame Avenue
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 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 because it is within the city approved number
at an existing location 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 existing 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 occupied by a full service food establishment, with 2,180 SF of on-site
seating (1,089 SF - ls` floor; 837 SF - 2"d floor; 254 SF - outdoor patio) may change its food
establishment classification only to a limited food service or bar upon approval of a conditional use
permit for the establishment change; the criteria for the new classification shall be met in order for
a change to be approved;
2. that the 2,180 SF area of on-site seating, including the first floor, second floor or outdoor patio
seating areas, of the full service food establishment shall be enlarged or extended to any other areas
within the tenant space only by an amendment to this conditional use permit;
3. that this food establishment shall provide trash receptacles as approved by the city consistent with
the streetscape improvements and maintain all trash receptacles at the entrances to the building and
at any additional locations approved by the City Engineer and Fire Department;
4. that the applicant shall provide daily litter control along all frontages of the business and within fifty
(50) feet of all frontages of the business, including the parking lot to the rear of the site;
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Conditiona! Use Permit
1448 Burlingame Avenue
that an amendment to this conditional use permit shall be required for delivery of prepared food from
this premise;
6. that there shall be no food sales allowed at this location from a window or from any opening within
10' of the property line;
7. that if this site is changed from any food establishment use to any retail or other use, a food
establishment shall not be replaced on this site and this conditional use permit shall become void;
8. that this full service food establishment may be open seven days a week from 11 a.m. to 2:00 a.m.,
with a maximum of 30 employees on site at any one time, including the business owner and manager;
and
9. 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 Hurin
Planner
c: Richard J. Beale, Hola! Mexican Restaurant and Cantina, applicant
James P. and Ruth Modisette, property owner
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RESOLUTION APPROVING CATEGORICAL EXEMPTION
AND CONDITIONAL USE PERMIT
RESOLVED, by the Planning Commission of the City of Burlingame that:
WHEREAS, a categorical exemption has been proposed and application has been made for a
�onditional use permit for an existing food establishment at 1448 Burlingame Avenue� zoned C-1, Subarea
A Burlingame Avenue CorrLmercial Area, James P and Ruth Modisette,_.pro�� owners,
APN: 029-122-260;
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
January 14, 2002, 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 CEQA Article
19, Section 15301 - Existing Facilities, Class 1, operation of existing private structures involving negligible
or no expansion of use beyond that previously existing, is hereby approved.
2. Said conditional use permit is approved, subject to the conditions set forth in Exhibit "A"
attached hereto. Findings for such conditional use permit are as set forth in the minutes and recording of said
meeting.
3. It is further directed that a certified copy of this resolution be recorded in the official records
of the County of San Mateo.
CHAIRMAN
I, _Joseph Bojues , Secretary of the Planning Commission of the City uf Burlingame, do hereby certify
that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission
held on the .� day of an a, 2002 , by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
SECRETARY
EXHIBIT "A"
Conditions of approval for categorical exemption and conditional use permit.
1448 Burlingame Avenue
effective January 23, 2002
1. that this business location occupied by a full service food establishment, with 2,180 SF of on-site seating
(1,089 SF - 15` floor; 837 SF - 2"d floor; 254 SF - outdoor patio) may change its food establishment
classification only to a limited food service or bar upon approval of a conditional use permit for the
establishment change; the criteria for the new classification shall be met in order for a change to be
approved;
2. that the 2,180 SF area of on-site seating, including the first floor, second floor or outdoor patio seating
areas, of the full service food establishment shall be enlarged or extended to any other areas within the
tenant space only by an amendment to this conditional use permit;
3. that this food establishment shall provide trash receptacles as approved by the city consistent with the
streetscape improvements and maintain all trash receptacles at the entrances to the building and at any
additional locations approved bi� the City Engineer and Fire Department;
4. that the applicant shall provide daily litter control along all frontages of the business and within fifly
(50) feet of all frontages of the business, including the parking lot to the rear of the site;
5. that an amendment to this conditional use permit shall be required for delivery of prepared food from
this premise;
6. that there shall be no food sales allowed at this location from a window or from any opening within 10'
of the property line;
7. that if this site is changed from any food establishment use to any retail or other use, a food
establishment shall not be replaced on this site and this conditional use permit shall become void;
8. that this full service food establishment may be open seven days a week from 11 a.m. to 2:00 a.m., with
a maximum of 30 employees on site at any one time, including the business owner and manager; and
9. 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.
���, ciTr o� CITY OF BURLINGAME
PLANNING DEPARTMENT
BURLINS'iAME 501 PRIMROSE ROAD
���. BURLINGAME, CA 94010
TEL (650) 558-7250
1448 BURLINGAME AVENUE
Application for conditional use permit for
a food establishment in the Burlingame pUgLIC HEARING
Avenue commercial area at 1448 Burlingame
Avenue, zoned C-1, Subarea A. N OTIC E
(APN: 029-122-260)
The City of Burlingame Planning Commission
announces the following public hearing on
Monday, January 14, 2002 at 7:00 P.M. in
the City Hall Council Chambers located at
501 Primrose Road, Burlingame, California.
Mailed January 4, 2002
(Please refc:r tu othc�r .s�rdc )
CITY OF BURLINGAME
A copy of the applicalion and plans for this project niay be reviewed prior
to the meetin�� at the Planuin�� Department at 501 Primrose Road,
Burlingainc, California,
If you cl�allenge the subjeet application(s? ii� ��urt, you may be limited to
iaising onl_y those issucs you or someone else raise�i at the public hearing,
described in tl�e notire or in written corre�pondencc delivered to the city
at or prior to the public hearing.
Property owners who receive this notire are responsible fc�r informing their
tenants about this notice. F�7r addit'tonal infonnation, please call (650)
558-7250. Thank you.
M�rgaret Monroe
;.:��,�,��,y � .,i,�..� �r..�' ���%
City Planner
PUBLIG HEAPIING NOTICE
(Please rc�fc�r to otlrc�r si�le)
i
� CITY o G%i�� � � AGENDA
�`t' n` ITEM J/ — 5g
BURIJNGAME S TA F F R E P O RT
� � � MTG.
DATE 2/3/2003
''�,.,
TO: Honorable Mayor and Council SUBMITTED
BY
DATE: January 28, 2003 APP ED
BY -
FROM: Larry E. Anderson, City Attorney
SUBJECT:
CONSIDERATION OF RENEWAL OF AMUSEMENT PERMIT FOR HOLA MEXICAN
RESTAURANT AT 1448 BURLINGAME AVENUE
RECOMMENDATION:
Approve renewal of amusement permit far I Iola Mexican Restaurant for a period of six months. Consider
whether to add additional conditions regarding entry to restaurant and use of plasticware.
DISCUSSION:
Last February, the Council approved an amusement permit for the new Hola Mexican Restaurant at the west end
of Burlingame Avenue. The permit allows live and recorded music. The permit has included conditions
limiting outside noise.
During the past 7 months, the restaurant has been the site of 8 reported fights, usually involving intoxicated
persons. The Police Department has met with the manager of Hola, which is planning on reducing the amount
of entertainment that it� has offered in the past and to refocus on food service.
The manager agreed that closing the restaurant to new patrons at 1:00 a.m. was acceptable. He did not feel that
serving beverages in plasticware would work well with the restaurant setting. The Department also asked if the
restaurant would be willing to contribute to additional security, and the manager felt that the change in operation
would minimize the need for any police services.
The Police Department recommends that a new condition barring new patrons after 1:00 a.m. be added to the
conditions and a new condition barring service of any beverages in bottles after 10 p.m. be added. With regard
to plasticware and additional security, it is recommended that the permit be renewed for 6 months and then
reviewed to see if the change in operation has actually had a positive effect.
Attachment
Proposed conditions
Distribution
Chief of Police
Sergeant Don Shepley
Rimarden LLC
PROPOSED CONDITIONS FOR AMUSEMENT PERMIT FOR
HOLA MEXICAN RESTAURANT, 1448 BURLINGAME AVENUE
Permit allows: Live music and disc jockey music from I 1:00 a.m. to 11:00 p.m. on Sundays and Mondays, and
1 l:00 a.m. to 2:00 a.m., Tuesdays through Saturdays
All alcohol beverage laws shall be strictly enforced.
2. Any violations of the law or threatened violations shall be immediately reported to the Police Department and
full cooperation shall be given by employees and management of the business.
No variance from the permitted entertainment shall occur without obtaining an amendment to the permit.
4. No part of the business shall be subleased without notifcation to the Police Department.
5. The amusement permit shall be non-transferable.
6. Any fight, ejection of customer, thefts from customers, or any other criminal act occurring at the establishment
shall be reported to the Burlingame Police as soon as any establishment employee is aware of such an incident.
7. Any request by anyone in the establishment for an employee to contact the Police shall be honored
immediately, without question.
Last call for alcohol service shall be no later than l:10 a.m. on nights when entertainment is offered, and no
alcohol shall be served after 1:20 a.m. on those nights.
9. Labor Code Section 6404.5 regulating smoking shall be enforced at all times.
10. No minors are to be allowed on the premises during hours when there is no food service, unless they are there
on lawful business, and no minors shall be allowed in the business after 10 p.m. when entertainment is being
offered.
11. Loudspeakers for the business shall be directed toward the interior of the business; and
The business shall not violate Section 10.40.020 of the Burlingame Municipal Code; and
The entertainment shall not be audible outside the premises; and
The establishment shall measure the current 24-hour ambient noise levels (L10) at the exterior of the property
along Burlingame Avenue and at the rear of the establishment using a methodology approved by the City
Planner before opening for business; and
Upon request by the City, the establishment shall conduct noise measurements to determine whether the noise
from the establishment is exceeding the 5 dBA standard for increases in noise from the baseline as
provided in the Burlingame General Plan, and shall report the measurements to the City; and
The establishment shall ensure that the 5 dBA standard is not exceeded.
12. The rear door shall be only used as an emergency exit when there is no food service.
13. If a cover charge is charged to enter the establishment, the establishment shall ensure that patrons in line to
enter do not obstruct either the public sidewalk or the public street.
Conditions -- 1
14. Any advertising concerning the entertainment shall conform to all requirements of the City Sign Code.
15. No beverages shall be served in bottles of any kind after 10 p.m.
16. No patrons will be admitted to the establishment after 1:00 a.m.
The decision of the Council is a final administrative decision pursuant to the Code of Civil Procedure Section 1094.6.
If anyone wishes to challenge the decision in a court of competent jurisdiction, they must do so within 90 days of the
date of the decision unless a shorter time is required pursuant to state or federal law.
Conditions -- 2
��6,CITY o� City of Burlingame
e�,�u,NcaME , Planning Department
� (650) 558-7250
�C �o�
.
•rm .w+rc �•
Memorandum
To: Larry Anderson, City Attorney
From: Ruben Hurin, Planner �—�
Subject: Amusement Permit Renewal Applications
Date: January 23, 2003
CC: Meg Monroe, City Planner
Ann Musso, City Clerk
Please accept these comments on the following applicatiuns for an amusement permit renewal:
Alibi Bar (220 Lorton Avenue): Planning records indicate that there have been no complaints for this
business within the last six months. Banners advertising this business or the on-site amusement shall not
be posted on the building (C.S. 22.48.080). A conditional use permit was approved for the bar in
February, 2000, with 10 conditions. A copy of the approval letter with these conditions is attached.
Dollarwise/Hobby Unlimited (1205 Broadway): Planning records indicate that there have been no
complaints for this business within the last six months. Banners advertising this business or the on-site
amusement devices shall not be attached to the outside of the building or hung on the inside within three
feet of any window (C.S. 22.48.080).
Fanny & Alezander (1108 Burlingame Avenue): Planning records indicate that there have been no
complaints for this business within the last six months. A conditional use permit amendment was
approved for the food establishment in October, 2000, with 26 conditions. A copy of the approval letter
with these conditions is attached. This tenant space contains seating area in an outdoor patio at the rear of
the building. The Planning Department suggests the following conditions be included:
• If loudspeakers for the business are used, they shall be directed toward the interior of the
business;
• The business shall not violate Section 10.40.020 of the Burlingame Municipal Code;
• The entertainment shall not be audible outside the premises;
• The establishment shall measure the current 24-hour ambient noise levels (L10) at the exterior of
the property along Burlingame Avenue and at the rear of the patio area using a methodology
approved by the City Planner before opening for business;
• Upon request by the City, the establishment shall conduct noise measurements to determine
whether the noise from the establishment is exceeding the 5 dBA standard for increases in noise
from the baseline as provided in the Burlingame General Plan, and shall report the measurements
to the City;
• The establishment shall ensure that the 5 dBA standard is not exceeded; and
• Banners advertising this business or the proposed entertainment shall not be posted on the
building.
Memorandum
January 23, 2003
Page 2
Hola Mexican Restaurant (1448 Burlingame Avenue): Planning records indicate that there have been
no complaints for this business within the last six months. A conditional use permit was approved for the
food establishment in January, 2002, with nine conditions. A copy of the approval letter with these
conditions is attached. This tenant space contains seating area in an outdoor patio at the rear of the
building. The Planning Department suggests the following conditions be included:
• If loudspeakers for the business are used, they shall be directed toward the interior of the
business;
• The business shall not violate Section 10.40.020 of the Burlingame Municipal Code;
• The entertainment shall not be audible outside the premises;
• The establishment shall measure the current 24-hour ambient noise levels (L10) at the exterior of
the property along Burlingame Avenue and at the rear of the patio area using a methodology
approved by the City Planner before opening for business;
• Upon request by the City, the establishment shall conduct noise measurements to d�termine
whether the noise from the establishment at property line is exceeding the 5 dBA standard for
increases in noise from the baseline as provided in the Burlingame General Plan, and shall report
the measurements to the City;
• The establishment shall ensure that the 5 dBA standard is not exceeded at property line; and
• Banners advertising this business or the proposed entertainment shall not be attached to the
outside of the building.
Left at Albuquerque (1100 Burlingame Avenue): Planning records indicate that there was one
compliant filed with the City in July, 2002, for public nudity while attempting to block traffic on
California Drive (see attached letter dated July 31, 2002, to Robert A. Sanders from City Attorney, Larry
Anderson). A conditional use permit amendment was approved for the food establishment in March,
2002, with nine conditions. A copy of the approval letter with these conditions is attached.
The Planning Department suggests the following conditions be included:
• If loudspeakers for the business are used, they shall be directed towazd the interior of the
business;
• The business shall not violate Section 10.40.020 of the Burlingame Municipal Code;
• The entertainment shall not be audible outside the premises;
• Upon request by the City, the establishment shall conduct noise measurements to determine
whether the noise from the establishment at property line is exceeding the 5 dBA standazd for
increases in noise from the baseline as provided in the Burlingame General Plan, and shall report
the measurements to the City;
• The establishment shall ensure that the 5 dBA standard is not exceeded at property line; and
• Banners advertising this business or the proposed entertainment shall not be attached to the
outside of the building.
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