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Home My WebLink About1453 Burlingame Avenue - Staff ReportITEM #120 CITY OF BURLINGAME CONDITIONAL USE PERMIT Address: 1453 Burlingame Avenue Meeting Date: 2/ 14/00 Request: Conditional use permit for an existing food establishment in the Burlingame Avenue commercial area at 1453 Burlingame Avenue, zoned C-1, Subarea A, Burlingame Avenue Commercial Area (C.S. 25.36.040, �. Name of Food Establishment: Burger King APN: 029-201-370 Property Owners: Thomas W. and Diane L. Ayoob Trs Lot Dimensions and Area: 3,125 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. 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 establishxnent's operation, the City has initiated the conditional use permit application at no cost to the owner or merchant. Suminary: This application is for a conditional use permit as required by Ordinance 1619. The Food Establishment Table by Type defined the food establishment located at 1453 Burlingame Avenue as follows: • Business Name: • Business Address: • Category: • Seating Area: Burger King 1453 Burlingame Avenue Specialty Shop Food Establishment 1,119 SF The current food establishment located at 1453 Burlingame Avenue, Burger King, is classified as Specialty Shop with 1,119 SF of on-site seating. In the July 1998 survey for Burger King reviewed by the merchant, it was noted that at this premise food is ordered and paid for before consumption and that food is served in paper and plastic containers with plastic flatware. The hours of operation for the business were from 7:00 a.m. to midnight, seven days a week, with a maximum of 10 employees on site at any one time. During the public hearings on the ordinance and implementing tables, the information on the survey gathered by Planning staff was not disputed by the merchant or property owner. Conditional Use Permit Use: Seating Area: PROPOSED Specialty Shop (Burger King) 1,119 SF EXISTING Specialty Shop (Burger King) 1,119 SF 1453 BurlingameAvenue ALLOWED/REO'D *food establishment requires a conditional use permit 1,119 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 existing 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 fmd 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 commexcial 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 public's health and safety as well as with the character of the commercial area. 2 Canditional Use Permit 1453 BurlingameAvenue 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 specialty shop with 1,119 SF of on-site seating, may be replaced by another specialty shop at the same location within the same or less leased square footage subject to the conditions of this conditional use permit, or shall be allowed to change to a different type of food establishment with a new conditional use permit; that if this specialty shop food establislunent is changed to any other type of food establishment classification, this site shall not return to specialty shop use; 2. that the 1,119 SF area of on-site seating of the specialty shop shall be enlarged 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 Departme�t; 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; 5. that there shall be no food sales allowed at this location from a window or from any opening within 10' of the property line; 6. 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; 7. that this full service food establishment may be open seven days a week from 7:00 a.m. to midnight, with a maximum of 10 employees on site at any one time; and 8. 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: Burger King, applicant Thomas W. and Diane L. Ayoob Trs, property owners 3 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 conditional ,�s �ernut for an existing food establishment classified as a S en cialty Shon Food Establishment at 1453 Burlin�ame Avenue,. zoned G1� Subarea A, Burlingame Avenue Commercial Area, APN: 029-201-370; Thomas W and Diane L Ayoob Trs, 50 Mounds Road #315�San Mateo CA 94402, �ro�� owners; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on Februaiv 14�2000, at which time it reviewed and considered the staff report and all other written materiais 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 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 oi�cial records of the County� of San Mateo. C��/\1 ��1_�:��1 I, Ann Kei an , 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 14th day of F ru , 2000 , by the following vote: AYES: CONIlVIISSIONERS: NOES: COMIVQSSIONERS: ABSENT: COIVIlVIISSIONERS: SECRETARY EXHIBIT "A" Conditions af approval for categorical exemption and conditional use permit. 1453 BURLINGAIVIE AvENUE effective February 23, 2000 1. that this business location, occupied by a specialty shop with 1,119 SF of on-site seating, may be replaced by another specialty shop at the same location within the same or less leased square footage subject to the conditions of this conditional use permit, or shalt be allowed to change to a different type of food establishment with a new conditional use permit; that if this specialty shop food establishment is changed to any other type of food establishment classification, this site shall not return to specialty shop use; 2. that the 1,119 SF area of on-site seating of the specialty shop shall be enlarged only by �an ar�nendment 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 Deparnnent; 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; 5. that there shall be no food sales allowed at tlus location from a window or from any opening within 10' of the property line; � 6. 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; 7. that this full service food establishment may be open seven days a week from 7:00 a.m. to midnight, with a maximum of 10 employees on site at any one tune; and 8. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes, 1998 Edition, and as amended by the City o£ Burlingame. � CITY O �! i A � �� ;,� .� _9 `��+r [�w n �Jl�c� �Ill�g' �� ]�llIlIl��,Il�c� CITY HALL - 501 PRIMROSE ROAD TEL: (650) 558-7250 PLANNING DEPARTMENT BURLINGAME, CALIFORNIA 94010-3997 FAX: (650) 696-3790 January 28, 2000 Manager Burger King 1453 Burlingame Avenue Burlingame, CA 94010 Dear Sir or Madam, 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. This ordinance requires that each food establishment in these commercial areas obtain a conditional use permit. Attached you will find a staff report prepared by City Planning staff for a conditional use permit for Burger King, located at 1453 Burlingame Avenue. Before adoption of this ordinance, city staff surveyed each food establishment in Subarea A and evaluated the criteria existing on the site. We would request your confirmation that the information in the staff report reflects your cunent application. Specifically, the seating area in your business, the hours of operation, and the number of employees. We would ask that you also carefully consider the conditions of approval listed for your business. These conditions of approval are found at the end of the staff report and include proposed conditions of approval. If you ha�e any corrections or questions about the permit process we are following, please call Ruben Hurin in the Planning Dept. at (650) 558-7256 at your earliest convenience or no later than Monday, February 7, 2000. We expect that this item will be placed on the Planning Commission consent calendar for action at their February 14, 2000 meeting. Thank you in advance for your assistance. Please do not hesitate to call. Sincerely yours, ��I � �- ___�_, Ruben Hurin Planner Attachments: StaffReport with Attachments Ordinance 1619 Adopted October 18, 1999 c. Thomas W. & Diane L. Ayoob, property owners