The URL can be used to link to this page

Home My WebLink About1448 Burlingame Avenue - Staff ReportItem # 5 Action Calendar City of Burlingame Conditional Use PermitAmendment Address: 1448-1452 Burlingame Avenue Meeting Date: 1/12/04 Request: Conditional use pennit amendment to expand an existing food establishment in the Burlingame Avenue commercial area at 1448-52 Burlingame Avenue, zoned G1, Subarea A, Burlingame Avenue Commercial Area (C.S. 25.36.040, �. Name of Food Establishment: Hola ! Mexican Restaurant APN: 029-122-260 Applicant: Richard J. Beale, Rimarden, LLC Zoning: C-1, Subarea A Property Owner: James and Ruth Modisette Lot Dimensions and Area: 6,465 SF General Plan: Cominercial, Shopping and Service Adjacent Development: Retail/Service Commercial CEQA Status: Article 19. Categorically Exempt per Section: 15301 - Existing Facilities, Class 3, conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Ordinance: In October 1999, the City Council adopted Ordinance 1619 which makes all food establishinents i�i the Burlingame Avenue commercial area, Subarea A, and the Broadway commercial area conciitional 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 comrnercial 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 pernlit application at no cost to the owner or merchant. History: In 2000, the Planning Conmiission 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 updating the Burlingame Avenue and Broadway commercial area food establish�nent tables in 2002, Planning staff realized that a conditional use permit had not been processed for a food establishment that was located at 1448 Burlingame Avenue, which was Paragon Restaurant & Bar at the time. So in January 2002 Planning staff processed a conditional use pern�it for the existing food establishment space at 1448 Burlingame Avenue, since it was overlooked in 2000. The tenant space was previously occupied by Paragon Restaurant & Bar and was replaced by Hola! Mexican Restaurant and Cantina. Hola! Mexican Restaurant and Cantina met the criteria of a full service restaurant and proposed no changes to the existing uses or layout at that time. Their application for a conditional use permit became effective January 23, 2002. This application was for a full service restaurant with 2,180 SF of on-site seating (1,089 SF - ls` floor; 837 SF - 2"d floor; 254 SF - outdoor patio). The conditiona] use permit approved in 2002, was approved under the following criteria: • Busi�tess Na�ne: Hola! Mexican Restaurant and Cantina • Bcrsiness Address: 1448 Burlingame Avenue Coriclitiorial Use Perrnit Arr:end»ier�t • Category: • Operatioii: • Seati�ig Area: • # of Employees: Full Service Food Establishment 1448-52 Basrlingctme Avertue 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"`� 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 Summary: The current application is for a conditional use pernlit amendment to allow an expansion to the existing food establishment located at 1448 Burlingame Avenue. The proposal would include expanding the full service restaurant and cantina into the tenant space at 1452 Burlingame Avenue. The subject property is composed of one structure that currently has three separate tenant spaces, 1448- Hola! Mexican Restaurant and Cantina, 1452- (vacant) previously Masa's Flowers, and 1454- Bij ou Hair and Nail Studio. The expansion includes adding openings on both the first and second floor between the two tenant spaces 1448 and 1452 Burlingame Avenue. The expansion would add 376 SF of new on-site seating area on the first floor and 138 SF of on-site seating area on the second floor. A new staircase would be constructed from the second floor into the expanded space on the first floor in order to meet Building and Fire Code requireinents for egress. The total on-site seating area would increase from 2,180 SF to 2,684 SF with this proposal. The front door of 1452 Burlingame Avenue is currently recessed. The front of the tenant space would be pushed forward toward the sidewalk and would line up with the fa�ade at 1448 Burlingame Avenue. The front door would be replaced with a three-section panel door that would matcli the front of 1448 Burlingame Avenue. The total frontage of both 1448 and 1452 Burlingame Avenue is 38 feet wide. The project is exempt from Commercial Design Review because less than 50% (35.5% or 13'6") of the frontage will be altered as part of this proposal. Listed below are the revised operating criteria for this restaurant: � Business Na�ne: • Busii2ess Address: • Category: • Operatioi:: • Seatiiig Area: • # of Employees: Hola! Mexican Restaurant and Cantina 1448-52 Burlingame Avenue Full Service Food Establishment Food ordered and paid for after consumption and served by waiters on ceramic plates with metal flatware 2,684 SF total seating area: 1,465 SF (ls` floor) + 965 SF (2°`� floor) + 254 SF (outdoor patio) 45 total, including the business owner and manager (20 employees max between 11 am — 5 pm) (25 employees max between 5 pm- 2am) Conditionczl Use Pe��nait A�riendment • Hours of operation: 11 a.m. to 2:00 a.m., seven days a week • Maximun: # people oii-site(iizcludiizg e»iployees): 35 1448-52 BurlinEame Avenue PROPOSED Use: Full Service (Hola! Mexican Restaurant and Cantina) Seating Area: 2,684 SF total 1,465 SF - 1 S` floor 965 SF - 2"`� floor 254 SF - outdoor patio EXISTING Full Service (Hola! Mexican Restaurant and Cantina) 2,180 SF total 1,089 SF - lst floor 837 SF - 2"`� floor 254 SF - outdoor patio l448-5? Burlingame Avenue ALLOWED/REQ'D *food establishment requires a conditional use permit 2,180 SF total 1,089 SF - ls` floor 837 SF - 2°`� floor 254 SF - outdoor patio * Conditional use perniit required for food establishment in the Burlingame Avenue commercial area, Subarea A. Meets all other zoning requirements. Staff Comments: See attached. Criteria for a Conditional Use Permit: In order to grant a Conditional Use Pennit 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. 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. The conditions from the 2002 approval for this restaurant are listed below, those in italics have been revised as part of this application. At the public hearing the following conditions should be considered: 1. that this bi�siraess locatiorz occupiec� by a full service food establishnae�tt, with 2,684 SF of o�z-site seating (1,465 SF - Ist floor; 965 SF - 2"`� floor; 254 SF - outdoor patio) rraay change its foocl establisl�fne�zt classificatiori onlv to u limited food service or bar upon approval of a coraditiofaal use Co»clitio�zal Use Pern:it Arraen�lment 1448-52 Burlinganze Avenue pern�it for the establisltmertt change; the criteria for the riew classification shczll he met irt order for a change to be approved; that tlie 2, 684 SF area of on-site seatirig, irzcluding the first floor, second floor or outcloor� pu�io seatirzg areas, of tlze fisll service food establishment shall be enlarged or extended to aray other areas witliiri tlie teraarit space only by an arrier��dnaent to this coraditional use permit; 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) fcet of all frontages of the business, including the parking lot to the rear of the site; that an amendment to this conditional use perniit 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; that this full service foo�l establishrnerat �ncry be open seven days a week from 11 a.ni. to 2: 00 a.rn., with a rraaxiniuna of 25 employees on site at any one tirne, includirrg the batisir��ess owrzer and rriar�ager; and 9. that t77e project shall rneet all the requirernents of the Uniforna Buildirzg arid U�aiforr�t F'ire Codes, 2001 Editiori, and as arnended by the City of Burlinganze. Catherine Barber Planner c: Richard J. Beale, Hola! Mexican Restaurant and Cantina, applicant James P. and Ruth Modisette, property owner Date: Project Comments 10/31 /03 To: ❑ City Engineer ❑ Chief Building Official �Fire Marshal ❑ Recycling Specialist ❑ City Arborist ❑ City Attorney From: Planning Staff Subject: Request for conditional use permit amendment for expansion of a food establishment at 1448-1452 Burlingame Avenue, zoned C-1, Subarea A, APN:029-122-260 Staff Review: 11 /03/03 _� �� .�-� __, ; � ��.�� -.5 "�� S- t�� 'S ✓� _ �, N__,cc.��.� . �, .�v -`� � F� � �--c�� l�- � � � C� � � _P_�� "�. � ��—o � � t? —� ��--��,�--�� —� c� � C � ✓� � � �, ��..� \ V �.s-- ., \� � �4L � � ��—.,•� '�k�r+e �x- ( � c -. _ � ". � -� \ Reviewed by: �, � y�� E� Date• . ..� ,�,�_�� _1 Project Comments Date: December 17, 2003 To: ❑ City Engineer ❑ Chief Building Official [�d`�Fire Marshal ❑ Recycling Specialist ❑ City Arborist ❑ City Attorney From: Planning Staff Subject: Request for conditional use permit amendment to expand an existing full service restaurant at 1448-52 Burlingame Avenue, zoned C-1, subarea A; APN#: 029-122-260 Staff Review: 12/22/03 , �. � ---- --- �� n..�--. _��.� - < �� .� ---- - - - -- --�. -- -- -- - -- -- -- - --- --- — —_. -- — -- ---- - -_.�� ______._- --�-- � Reviewed by: �r�� '�j— .� �/ Date. � - --- .--- c� � !/�� -�—� �� Project Comments Date: December 17, 2003 To: ❑ City Engineer t��Chief Building Official ❑ Fire Marshal ❑ Recycling Specialist ❑ City Arborist ❑ City Attorney From: Planning Staff Subject: Request for conditional use permit amendment to expand an existing full service restaurant at 1448-52 Burlingame Avenue, zoned C-1, subarea A; APN#: 029-122-260 Staff Review: 12/22/03 %`'l�.�o� _.._ ��k __� �kf .si%�r�_ � rr�_ �"��_ -r�-� -�'s-�o��"�•----� f a— L��Ph� ._ e -� ------ _ �-r_ �L' ��--LY _u�,_ _. _ �P� K ��Lv �''.. � 't -�- - - - - --- -- - ./ 1T �C-cc'�'a,L_��, - --- - _ _.-- — .— — -- _ _-- - __----- . _._-----_ _ Date: I�z2�uj Project Comments Date: 10/31 /03 To: Lg City Engineer ❑ Chief Building Official O Fire Marshal ❑ Recycling Specialist ❑ City Arborist ❑ City Attorney From: Planning Staff Subject: Request for conditional use permit amendment for expansion of a food establishment at 1448-1452 Burlingame Avenue, zoned C-1, Subarea A, APN:029-122-260 Staff Review: 11/03/03 �`2-- ;�'1u�.r�f,� Reviewed by: v ��- Date: , � �c�� s �iC.� r _ 1/� , Ar-�l.`-t, �..�.1! /'�.ni V/?-�/ n� 31 il'- ' iY '- �-i ^—_ , „ .. . -- -. � s.�l :� _t, _ . City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlin ag me.or� �, CITY � ,�r � ��+E APPLICATION TO THE PLANNING COMMISSION �'�,.,�.,,.�•>•`' Type of application: Design Review Conditional Use Permit Variance Special Permit Other Parcel Number: Project address• APPLICANT R�,�,�q�Oc,J� Lc.. � PROPERTY OWNER � Name: � i c �►ati' �� Q � A C.0 Name: ...1'A r�ES � T IQ� rN Wt D t� 1 SErrt Address: I Co �0 5 w E��r,v oao d�( Address: R R � BvX 2� o City/State/Zip:_ 4-i � C.L�iQ oFlov � yaid City/State/Zip: QENNogcc�r� M�1i vy�lCQ Phone (w): �SD - 3�/ 1— j7 3� Phone (w): 201— C¢ l�"? -� � 01 � n Zo� - 3�.ca- gw� ch>: ro.�o -y�s-s�� >� (�� L9Sa -3y2-75 g� (fl: Zo7 � loloy - 7�C�s9 ARCHITECT/DESIGNER Name: �J.I J L 1�'�L, /J �J i7 Address: S$,S Q v ro R, 2 y Q oA � City/State/Zip: Sqn� Gsa�c�oS. nA 9y�� Please indicate with an asterisk * Phone (w): C150 — 592 -�3 oZ the contact person for this project. (h): (fl� CoSv - (Q3? -� 2i t� z PROJECT DESCRIPTION: iq OD a�iv��7zv�Z--,� ! yy� �/ y b Z � �,L�.v .�r� F f Q �� s T�o L � R.o,L , N Co .ry •�D a C c..�,c,o� C�Ect2� c a�� AFFADAVIT/SIGNATURE: I hereby certify under penalty of perjury that the information given herein is true and correct to the best of my knowledge and belief. Applicant's signature: Date: � I know about the proposed applic on and hereby authorize the above applicant to submit this application to the Planning Commission. Property owner's signature: SF,�� A'�'tlOcN� �P�f Date: Date submitted: R � � � � � �� - �� OCT 3 0 2003 CITY OF BURLIN��EFRM PLANNINr-, ,^F� � Sent 3y: JAMES MODISETTE; 207 664 0659; Oct-24-03 10:21AM; Page 2/2 OCT-20-2003 �i0h 0.1,28 PPI 9EALE P�OPERTIES FAK NQ. 850 342 7588 t'� Ul t 501 ' Road P(650) SS&'7� P( 0) 69b-3790 �p�.,.��=�o� City of Butiie�ae Piu►n[ns Dtyaitmea � APPLICAT QN TO 1'H� PLANN G CCIMM�SSION Type of agpticatlaa: Dc�i� RavioW Condidaoal Uac ' Vsriaaa 3pecial Pamit Qt�ez�, pat+o�l N�er: Proj�ct addrew: APYi-[CA1�iT [.� l�►laRo�a� �.t�• �, PEUOP� TY 'WNER Namc- � c.t.� N.u�° ��n''..� '�' p�C Addresa: A,(i(�[C6t� �_k,._�_n,:_. n�w�A�/'��/%� DfL�i�� Phaae (w): - � " th�: [n_�ycQs -s � (�; �050 '��2�, ARC�'T�C'rlDSSIGNER Neme:_,�'' � � J�� .,o�n wddras: SaS � v a �--� Ciry/St�tc/Zip; Pboac tw): l�s �-',�9 z- E r�r �I/d �'iry�a Pl�olt0 (n� Wlth An sst�C�k * �on for thls ptoject. {fl:�: — �3�= p.�p p'1�AI� SDd�I tbe cont�►ct � rxo.rECr nEscx�Tsc.�r,: • - N � AFg'ADAVETlSIGNAT[TRL"s I hu�eby ce�tify w►dor po�t;7' of givcu i�rain u true at�d qact+ect tbe br.sc of m�r k�now1ed$e and � ApPlic�nt'� �i�nature:_.... Y know about the proposod app c an.d h�eby �u�orizs ti�e � y�pplicatian to die Plasutin$ C s�• �ii�lCity aWricc'S S1$ASt13PC: Date �uty tSA� t�1C 111��[IY3�tt0� ef. D.to: ve appliant to aubmiE t�is r Datc: �111li�� .._ I I ec�er.R�ut City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlin a�g ��, CITY p � � BURLINC3AME �`"�,,..m ,o .,�•' CITY OF BURLINGAME CONDITIONAL USE PERMIT APPLICATION 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. Explain why the proposed use at the proposed location will not be detrimental or injurious to property or improvements in the viciniry or to public health, safety, general welfare or convenience. w� A,•i� � X��N� �v� ��S,��RA�T R�,P7-io,J i4�,o -ry -t� E sQ� ��- .a ,- � ��,,.� �........F.o� Y.S Z�'w Nr c� GU � C. � C"j G— '� E 5��,�., � v s� �4 S��f Y�� rt� � N 4�c.•��,� ,p V� 2. How will the proposed use be located and conducted in accordance with the Burlingame General Plan and Zoning Ordinance? � i �� Y-+ P� �� w�� Zo f.► ,,-. � q�� {�•� s 8�.�.J s4 .v p�, L` Qo �v � aVd2� � a � C �4 ETp. � 3. How will the proposed project be compatible with the aesthetics, mass, bulk and character of the e�eisting and potential uses on adjoining properties in the general vicinity? -� i �-'�" � L ia ,� � � � w► o�,� b A � �� `� �oo �� c �x ��. REG�.�; : OCT 3 0 2003 CITY OF BURi_�i'J_;�,;..,�� PLANfJI�I�� CUP.FRM City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlin ag me.org 1. Explain why the proposed use at the proposed location will not be detrimental or injurious to property or improvements in the vicinity or to public health, safety, general welfare or convenience. How will the proposed shucture or use within the structure affect neighboring properties or structures on those properties? If neighboring properties will not be affected, state why. Think about tra�c, noise, lighting, paving, landscaping sunlighdshade, views from neighboring properties, ease of maintenance. Why will the structure or use within the structure not affect the public's health, safety or general welfare? Public health includes such things as sanitation (garbage), air quality, discharges into sewer and stormwater systems, water supply safety, and thing which have the potential to affect public health (i.e., underground storage tanks, storage of chemicals, situations which encourage the spread of rodents, insects or communicable diseases). Public safetv. How will the structure or use within the structure affect police or fire protection? Will alarm systems or sprinklers be installed? Could the structure or use within the structure create a nuisance or need for police services (i.e., noise, unruly gatherings, loitering, traffic) or fire services (i.e., storage or use of flammable or hazardous materials, or potentially dangerous activities like welding, woodwork, engine removal). General we fare is a catch-all phrase meaning community good. Is the proposal consistent with the city's policy and goals for conservation and development? Is there a social benefit? Convenience. How would the proposed structure or use affect public convenience (such as access to or parking for this site or adjacent sites)? Is the proposal accessible to particular segments of the public such as the elderly or handicapped? 2. How will the proposed use be located and conducted in accordance with the Burlingame General Plan and Zoning Ordinanc�? Ask the Planning Department for the general plan designation and zoning district for the proposed project site. Also, ask for an expianation of each. Once you have this information, you can compare your proposal with the stated designated use and zoning, then explain why this proposal would fit accordingly. 3. How will the proposed project be compatible with the aesthetics, mass, bulk and character of the existing and potaztial uses on adjoining prope�ties in the general vicinity? How does the proposed structure or use compare aesthetically with existing neighborhood? If it does not affect aesthetics, state why. If changes to the structure are proposed, was the addition designed to match existing architecture, pattern of development on adjacent properties in the neighborhood? If a use will affect the way a neighborhood or area looks, such as a long term airport parking lot, compare your proposal to other uses in the area and explain why it fits. How does the proposed structure compare to neighboring structures in terms of mass or bulk? If there is no change to the structure, say so. If a new structure is proposed, compare its size, appearance, orientation, etc. with other structures in the neighborhood or area. How will the structure or use within the structure change the character of the neighborhood? Think of character as the image or tone established by size, density of development and general pattern of land use. Will there be more traffic or less parking available resulting from this use? If you don't feel the character of the neighborhood will change, state why. How will the proposed project be compatible with existing and potential uses in the general vicinity? Compare your project with existing uses. State why you feel your project is consistent with other uses in the vicinity, and/or state why your project would be consistent with potential uses in the vicinity. cur.r�zn� City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlin ag me.org ��. "TY o� COMMERCIAL APPLICATIONS �JRLJNGAME PLANNING COMMISSION APPLICATION SUPPLEMENTAL FORM �� ECEIVED �..� � Proposed use of the site RE S�'�urt..oN�- E yP�o�v S� orJ 1 Days and hours of operation `% Op y� 1 l� = 3 0�4 �r► Z A�'"1 2 3. Number of trucks/service vehicles to be parked at site (by type) No..� 4. Current and ro'ected maximum number of em lo ee Existing In 2 Years S s� r.,.. � Hours of I � AM to After 5:00 Operation �s PM PM Weekdays Full-time / � Z � Part-time Weekends Full-time 2 v Z � Part time AM to After 5:00 PM PM OCT 3 0 2003 i,ITY OF BURLINGAME PI_ ANNING DEPT. owner) at this location: In 5 Years SAw►.� AM to After 5:00 PM PM Nc .� ti 5 ( f �O w� � v �( P.h S J.J T 1a iL J�..� e 4 1� A..-� - 1 2 3 o P•--� ?'N v•�ts 1 1 A wl - 2 A y 5. Current and ro'ected maximum number of visitors/customers who ma come to the site: �'�� 5'4 r Existing In 2 Years In 5 Years s'4 r"' � s,��t� Hours of 11 AM to After 5:00 AM to After 5:00 AM to After 5:00 Operation R� PM PM PM PM PM PM Weekdays �� ) 0� � Weekends I (�a_1� I C Z�� SJ �.+► �f i.��vnCS ��5 r�..�(, St�c� �n r ��f YB��C.�sv`.a.� �� 6. What is the maximum number of people expected on site at any one time (include owner, employees and visitors/customers): Z 5-3 � 7 Where do/will the owner and employees park?�?2s�E7- ort �-c�-r � oZ P�3u c�'L.AN� 8 Where do/will the customers/visitors park? 5%n-�-7'� ��-- �-� 1 9. Present or most recent use of site F[ c� n� � 10. List of other tenants on property, their number of employees, hours of operation (attach list if necessary) IV-� �� SA �o.J 2 E�,Pco..rc,� �: �v — S s3 � � p � ,4 � � � � �,«� Q � T--Av� � �� Z� �� COMMERCIAL.FRM S RIMARDEN, LLC October 30, 2003 Ciry of Burlingame Planning Commission Re: 1448 Burlingame Avenue Dear Planning Commission members, 1448 Burlingame Avenue Burlingame, CA 94010 650-347-1737 Office 650-342-7588 Fax RECEIVE� c�cr � 0 2003 CITY OF BURLINGAME PLANrJlfdu DEPT. RIMARDEN, LLC is doing business as Holal Mexican Restaurant & Cantina located at 1448 Burlingame Avenue. We have acquired the space next to us at 1452 Burlingame Avenue. It is our intention to expand our Restaurant to include the space at 1452. This would allow for us to have more space for a waiting area as well as some extra tables for our customers. We would like to make the following changes: Replace the current single front door with a 3 section panel door which will match our front at 1448 and balance the look of the building from the exterior. Add an archway between the 2 spaces and an opening between the 2 spaces on our second level. Add new guardrail on the second level. Open wall between existing upstairs dining area to access second level of space at 1452. Relocate the electrical to the west wall of 1452. Relocate door to women's restroom and create a walkthrough from existing space (1448) to new space (1452). I thank you for taking the time to look over our project. Should you have any questions please do not hesitate to call me. Sincerely, / . Ri rd J. Beale General Partner / Managing Member 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 a conditional use permit amendment to expand an existing full service restaurant and cantina at 1448-52 Burlin�ame Avenue, zoned C-1, subarea A, James P. and Ruth Modisette, property owners, APN: 029-122-260; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on January 12, 2004, 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. Categorically Exempt per Section: 15301 - Existing Facilities, Class 3, conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. 2. Said conditional use permit amendment is approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for conditional use permit amendment are 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, , 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 12`h day of January, 2004, by the following vote: Secretary EXHIBIT "A" Conditions of approval for categorical exemption and conditional use permit amendment for expansion of an existing full service restaurant and cantina. 1448-52 Burlingame Avenue effective January 22, 2004 1. that this business location occupied by a full service food establishment, with 2,684 SF of on-site seating (1,465 SF - lst floor; 965 SF - 2°d floor; 254 SF - outdoor patio) may change its food establishment classification only to a limited food service or bar upo� 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 2,684 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; 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; 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; 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 25 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, 2001 Edition, and as amended by the City of Burlingame. �rf, c�ry o� CITY OF BURLINGAME BURLJNC�AME PLANNING DEPARTMENT 501 PRIMROSE ROAD .�... BURLINGAME, CA 94010 q,,,,,,,„,.�'�� TEL: (650) 558-7250 Site: 1448 � 1452 �UItI,II�]"GAME AVE Application for a conditional use permit amendment for an expansion to an existing full service restaurant at: 1448-1452 Burlingame Ave, zoned C-1, Subarea A. (APIV: 029�122�260). The City of Burlingame Planning Commission announces the following public hearing on Monday, January 12, 2004 at 7:00 P.M. in the City Hall Council Chambers located at 501 Primrose Road, Burlingame, California. Mailed: December 31, 2003 (Please refer to other side) PUBLIC HEARING NOTICE CITY OF BURLINGAME A copy of the applic ' rrs� ay be reviewed prior to the meeting a la ' g� D�pa ent 1 Primrose Road, Burlingame, Cal' �"�` '��"� x �"�"""'"=.A � If you chal raising onl described i at or prior t Property o tenants ab 558-7250. Margaret City Planner :� �e t ject application(sj in court, u thos ssues yot� or someone else raised a t 'c � �r in �� ltten � c,orresp�>ncl�nc t �'ax�i�� '�-� �,,a�►�'� �s t; �,. e t f� : *� r�,. iers o r i otice are ' onsi l t thi nofig"��,, ditional informatio iank u. }rL'�r.__ .. >„� PU �� A.� � � �L.�} �/ + � �� 'N?��."`%::��.:�.:lf:�`,'f w ,, frv�., ��C�I��I��ICE be limited to iblic hearing, :d to the city ming their call (650) (Please refer to other side) -� .. :. �� ,s�. �� `�" �'� I' : �� , : � � . ' .�' . .�, � � � ,� � :� . _ � � , � ,� •.. , � � -, � • ' . �., r *`^ r i , � � .vE �m . , � ..- �� ' ' � �� . -� - �� . .. ,>.,:� -,, � �� } ' �: 3 � �.� � 4 � . '� '� �a,. .�� s �� ,� � � ; ., '__ 4 .. _ � � P f � # _ . : �� j. �'fi . .> � � y" � "�"' � . _ u ! ta ` �, .fi °� � ° � � �Y� � - .,a � �+` � � �+� 7 � � , v . . . . � G ,„ � " � T y .7,�-i y = . -� �. ,. ,r . . . ==e'. . .. � ; 'a� ''^�s� A' �� ,+�.� �y*s � �a p � � � t ' s , : � ��; • � ��. { � � � �� i� �r. � � � � � , �c � ,� �: - , , r,; " ' � �+ , '0 �� ,� " ,� � '� � ,.�� _�°. , � � _� � , —i �'� � . �� ;; � r_• � � �`'�,y� ;"��`� � �� • ' �. -� � �� , ir'�� a f �. �� +� � �> �� • . � � � J �� _ . e s �� . J ! �� 'i�3 � Ny, �'�1y � � , �i� F.' � �� . ,j'�r g ��. t� � . � r `� � �. �� . l. � T �� • � . �� • ld3" y � � + f'!./*N . �nk e �' �+ s- . . Y, T � J _. 'L� ��' � ` � � �*^ ,ss��.•.a� ��, , f ,�j�'- � � .� i2 � �'� . / � ��' ,y� ?; � � �� , ��' �� . � "-! a, r ��, ' . ��v' } ` �� * .i � �`� i �r' , Q�. y� - . ,��.s:_, + ,�,. �� t _�� '� i �� s�� .�y r �� . � � . � � . -" „ s�� '- . _ �� _ I � � � � � � � y �� y ° � �`�} � � �q,,. �, / _ ' � n �- � '� .i � � '� L`. -1 ^� I.° j� x a`. �ti ' �'� a � � �S( �� L�� j��. �� Mi � � �'` �!� g,� �:�z` � ��:��''`�,��a. � �� > �.� �: Sx, M�� c^`,�, ��t �, ",� ' � f � � , � �y 'T t �`� `II��-' . �. : �� ,. i � '+.��.�i .- � 1t� f t � �<� � t, ��r � � � ..fi. � �p �� J" � �!: � �Q�� _� �Y� s �� . � � .� '�'�� e, a.�. s,,,�� .`�i� : ��i�'�� ' - . J � � i "`�' � �, • � ,� _16j_. ,�,; «,} _ ',` �',v ` �.%.r' `��° m:e. `, f�b • ''"^'R e �` � '"'o�`� ► �� ..�t. �Ir k` � =�:�. , ` � � ��, � �Y .. . +�'. � � �, �; � , � ,. .J ! ' `% , f.i ' � .�� a.�?y, � ,.+��:� stN � :�r., ' � � ��. ,�. ::4 ' .�./ �y Y ' _a�t �,.� ��} � ih �` -� a.'is' � ��`!'' * .' ' < E., � � � 1 i ' ��i �o. � `3 < .,/ � � r. a %,� +` � .,�;1 � `'�R� ��-��• � �:�'� ��„'^�.�� *:.§� �j� �� ` �� ...C'.. ♦+� �s -� .... ' � � � �� . ��t., = „ .�� _: , .< �� . �� . } ' � r,� 1 1 - " Y'�'� �' +1. ,�/� a �� ' 1 p � ' �, i � �s � 1iW �w,. � � r . e � . ` J. a-' Ye�l�� ` K r '@`�� .� ^ �t'E . ,,�.. �. � '..°�. . ` , , ` + -. ._ � ;� . 9�� _ +� � �� +;� �� r . • � � � � � � � � � �.,, ``•�, � � �'. � ,�'' � � � `J �� .� ;� � ,��.. 3 � W �� ,.� : . _ ��.�,� `� � , � � ,r�� ` �� .� � � � g �xG . .- � �� "' � � � � � � � E �•• +� *�: �� =! �� <y' k: � � air �t � �/ , . � � �� $ `¢�""R y ! � , . l� �j i> � " �" � . ,Y .ya � � .'w� .��. .¢� � �F � &�`e . , „ � �, -c�, . r� ,�� ' �, . :� � � �� .�,�'' �� '� - , _ � f ,� r�" ' -� h ,. �� . " <, �,��, �� y ; , . Y r��_ °, ++;. ,i. !` ,!/' l,� � �K �' � � , �.. . -� r• , k � ',,�, '�° ♦ '` `�,a � � � �� y •� , � ,�• �� ,- � � , � �, m �� :�� . �� tI �,� � o�' � :� � �, � ,�, C�"'+�► �? . � �,,, _, " � � r � � ;� � , s . �. � . �, , � � �� :� � �? - � � � : �:.� ,.. - � � � _ - � � ,�,. �, �� i► �'� � �S`�: � ,� � � ,, � � _ . ��i - + �_�. s ' �"3 �� y � �' � � �, � � � �. �� , ,, � � �'" � + "` �°�3 � i �,.�� ; �� '� .. � � ; r� �,,E. +� � .� {1' ��•� . � � � <:,�•w. � 3€ � •� � � ♦ �:� .e�� , . A_ �- � .� � , � .. � � , � � � , . � i�:. � �� '�k,"� � - � r `, � � ` , �� ` �� ' � .' ,y � ��:` �,� ��t�� g�� "'� �G�` � ,.,,�! , . �: �a , ,�► , , �r ,� � �� , fr . , � '�"�� .� �� ., 1 _ � � � � ; � � � 6 . r,� Y � �' . �� .: 3 ° `�� ,;�``�. ��'•` ,� � ,��. ,� � , �� :� � �'�� ,� .�+ � �� ., �� _�'� �' r " � „�k,': ° ,.� �� \i� � ' i�� M�� ' � •: ,,�" =�� • ; �« � ' � �� , � -, � i��.x s � �� 1j r '� � 'k,.'``� ' �'''A��. !� , i� � �� < � � � . , � .� . ,.. „ , , - -d. � , _ "� � �.. � > � �t�> � �� s �_ .�1 �f ..j � � 3- .w� ��`��,�`. � , �• ?'�` '<'J �; � �� '' . 4 ` ! � � � .�,, ;�.,� � �.: �,�,, - ,., � ` � :,F y . � �•,,� � � �, � � � . � � �.�� , , , , -y � � . �°�� ' �,��w��s �� :��,��.,�y��r�� `��_ �` � � �� ti�� , �. .. ��, .� � .�w .� . _ �: �.. ��:.