HomeMy WebLinkAbout1118 Burlingame Avenue - Staff ReportL
�
���, CITY O�
BURLINGAME
��;� �,. STAFF REPORT
HONORABLE MAYOR AND CITY COUNCIL suE
BY
November 26, 1996
CITY ATTORNEY AP
6Y
Resolution Denying Conditional Use Permit for
1118 Burlingame Avenue
RECOMMENDATION•
Adoption of resolution
AGEN<D� V B
ITEM it
MTG. ��/�/(1C
DATE �V
BACKGROUND•
At your last meeting you denied an application for a conditional
use permit for take out service at 1118 Burlingame Avenue.
Attached is a resolution formalizing that action. We recommend
that it be adopted.
TO:
DATE:
FROM:
SUBJECT:
0
�
RESOLUTION NO.
RESOLUTION DENYING CONDITIONAL USE PERMIT
FOR TAKE OUT SERVICE AT 1118 BURLINGAME AVENUE
RESOLVED, by the City Council of the City of Burlingame
that:
WHEREAS, application was made to the Planning Commission
of the City of Burlingame by Vandelay Interests, doing business as
Smoothie King, for a conditional use permit for take-out service at
1118 Burlingame Avenue; and
WHEREAS, said application was heard by the Planning
Commission of the City of Burlingame on Monday, September 23, 1996,
said hearing being noticed as required by law; and
WHEREAS, the permit was denied by the Planning
Commission, a timely appeal filed by the applicants, and a public
hearing upon said appeal scheduled and held by the City Council on
November 18 1996:
NOW, THEREFORE, IT IS ORDERED AND DETERMINED by the City
Council of the City of Burlingame:
1. That the following findings of fact are made regarding
said application:
a. The application of Vandelay Interests, doing business as
Smoothie King, was for a conditional use permit for a take-out
service food business along with a retail sales outlet for vitamins
and prepackaged nutrition products;
b. The said use as described in the staff reports for City
Council and Planning Commission, other documents and the testimony
0
at the public hearing, is not appropriate or compatible with the
uses of the properties in the vicinity of the premises for the
following reasons:
(1) That the projected percentage of the take-out
service food portion of the proposed gross sales from the business
(40�-45�) indicate that the take-out portion of the use is not
incidental to the retail sales whereas other recent approvals of
take-out service food permits in the area have been for businesses
for which the take-out service items were an incidental part of the
whole business;
(2) That the inclusion of a stand-up bar for the purpose
of keeping customers on the site while they consume their drinks
indicates that this business will function more like a food
establishment keeping people in the area longer and being a
destination rather than a take-out service; this is further
substantiated by the large food preparation area (almost half of
the tenant space) which represents a large investment and will be
hard to change to some other non-food related retail use in the
future;
(3) That the distribution of free cups to students
denotes that this business will be an attraction to them and may
compound the existing loitering with its attendant problems and
congestion of pedestrian traffic already in the immediate area;
(4) That in addition to the approximately eight food
establishments and take-out service food businesses in the
immediate area, a use permit was granted for a substantial
expansion to an existing food establishment along with a parking
variance and take-out permit in the same building, the impacts of
which on litter, pedestrian movement, loitering and other effects
of take-out service food on the area have not been seen and could
not be included in this present application, and reinforces the
fact that there are too many of the same type of businesses in this
locale to be consistent with the city's General Plan and policy of
maintaining a mix of retail uses on Burlingame Avenue;
2. The granting of the permit applied for would not be in the
interests of the health and welfare of the persons using said
property, of the City of Burlingame, and would not be in conformity
with reasonable and orderly use of the property or consistent with
the city's planning or policy for the area.
3. The decision of the Planning Commission is hereby
affirmed and said special permit is denied.
MAYOR
I, JUDITH A. MALFATTI, City Clerk of the City of
Burlingame, do hereby certify that the foregoing resolution was
introduced at a regular meeting of the City Council held on the
day of
thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
, 1996, and was adopted
CITY CLERK
�� C' �T � � � 1 � .`l�
AGy�
�� CITY 0
4 �
B�J/{LrIJ�Cs,AME
��� �o
�.:
STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCII.
DATE: OCTOBER 16, 1996
FROM: CITY PLANNER
rr�t �r
NfPG.
DATE
Sb
10.21.96
►
� ' �� � � �
` �
•• �f��Y
��
suBJECT: APPEAL OF PLANNING COMIVIISSION DENIAL OF A CONDITIONAL USE
PERMIT FOR A TAK�OUT SERVICE FOOD BUSINESS AT 1118 BURLINGAME
AVENUE, ZONED C-1, SUBAREA A, BURLINGAME AVENUE COMMERCIAL
AREA.
RECOMI��NDATION:
The City Council should hold a public hearing and take action. Affirmative action should be by resolution
and include iindings. The reasons for any action should be clearly stated for the record. (Action Alternatives
and requirements for findings area included at the end of the staff report. )
Planning Commiccion Action
At their meeting on September 23, 1996 the Planning Commission held a public hearing and voted 6-1 (C.
Galligan dissenting) to deny this application. In their action the Commissioners noted that the store front is
dominated by the smoothie sign, sale of vitamins seems a secondary activity; smoothie sales would generate
200 to 250 people a day, this seems too much activity for this particular block of Burlingame Avenue with no
parking and cunently a litter and loitering problem; no problem with retail vitamin sales, but the real focus is
smoothie sales; this is a fast food outlet as demonstrated by the large food preparation area; want to maintain
the retail mix, don't think take-out was meant to be a semi-restaurant use, not see how this is different from a
bagel shop; this is a restaurant with vitamin sales as a profit center, people will come first for the drink not
the vitamins; deliveries should occur before 10 a.m. in this area.; litter is spreading beyond Burlingame
Avenue to the railroad station and park because of the attraction of young people to the area.
Conditions considered by the Planning Commission:
1.
2.
that the project shall be built as shown on the plans submitted to the Planning Department
and date stamped August 12, 1996, Sheet AS Floor Plan and shall contain no seating inside
the store;
that the conditions of the City Engineers' August 19, 1996 memo shall be met;
3. that the business may be open (seven days a week) Monday through Sunday 8:00 A.M. to
8:00 p. m. with a maximum of five employees on site at any one time, including the
proprietor;
10.21.96
APPEAL OF PLANNING CONIlVIISSION DE1vIAL OF A CONDITIONAL USE PERMIT FOR A
TAKE-OUT SERVICE FOOD BUSINESS AT 1118 BURLINGAME AVENUE, ZONED C-1,
SUBAREA A, BURLINGAME AVENUE CONIlVIEERCIAL AREA.
page -2-
4. that no alcoholic beverages shall be sold from the nutrition store and the take-out business
shall be limited to items similar to blended fruit drinks, and smoothies;
5. that the applicant shall purchase and maintain at least daily, more often if necessary, a
trash receptacle inside the door to the store and on the sidewalk along Burlingame Avenue
at a location approved by the City Engineer and Fire Department;
6. that the nutrition store operator shall purchase and install on the street, the trash receptacle
selected by the Burlingame Avenue Streetscape Study and this container shall be installed
no lafer than November 1, 1996;
7. that the applicant shall remove once a day or more frequently, if determined to be
necessary by the City, all take-out debris on the sidewalk, in the gutter, and in planters, in
front of the store along Burlingame Avenue, and within 50' of the store in each direction;
and
8. that the project shall meet all the requirements of the municipal code and of the 1995
edition California Building and Fire Codes as amended by the City of Burlingame.
BACKGROUND:
The applicant, representing Smoothie King, is proposing to lease a 1,378 GSF retail area at 1118 Burlingame
Avenue in Subarea A, in order to open a retail nutrition store that sells fruit drinks for take-out. The store
will have 506 SF of sales area, 605 SF of preparation and kitchen area for the drinks, 133 SF for office area
and 134 SF for storage. There will be no customer tables or chairs inside the retail area. Take-out service
businesses require a conditional use permit in Subarea A of the Burlingame Avenue Commercial Area (C.S.
25.36.032 lh). Take-out service is defined as food that is pre-prepared or rapidly prepared for consumption
off the premises. (C.S. 25.08.645).
The proposed Smoothie King store will be open 7 days a week 8:00 a.m. to 8:00 p.m. They will have one
full time employee and 3-5 part time employees with no increase in number five years. They expect 200
customers a day with an increase to 250 in five years. The maximum number of employees and customers
on site at one time is expected to be 20-25.
This business would take over the retail space now occupied by the Record Exchange. The building that the
space is located in, 1108-1110 Burlingame Avenue, is currently being seismically retrofitted as well as
undergoing construction for tenant improvements for Rosti's restaurant. The other tenants on the site are a
perfume and cosmetics store, intimate apparel store, art store, and professional offices above the first floor.
A parking variance was recently granted to the building for about 3000 GSF of office on the second floor of
the new structure which was part of the seismic retrofit. A permit was also granted to expand the existing
food establishment in this complex which was originally in the basement and was moved to the first floor and
extended into the patio area at the rear of the site. This is the area which will be occupied by Rosti's.
10.21.96
APPEAL OF PLA►NNING COMMISSION DENIAL OF A CONDITIONAL USE PERNIIT FOR A
TAKE-OUT SERVICE FOOD BUSINESS AT 1118 BURLINGAME AVENUE, ZONED C-1,
SUBAREA A, BURLINGAME AVENUE COMNIERCIAL AREA.
page -3-
The Planning Commission Staff Report (attached) notes that since 1992 there have been take-out permits
granted to 10 nearby businesses. One, a smoothie take-out at 247 Lorton Avenue was denied. Of these
permits issues, #4 are take-out only food service businesses, the remaining are food establishments which also
have take-out sales. The four take-out only businesses are: Noah's Bagels (1152 Burlingame Avenue, April
1994), Cheese Please (299 California, March 2, 1993), Balloons and Bears (1236 Burlingame Avenue,
September 1994), and California Candy Company (247 Lorton Avenue, 7uly 1996).
/M
1118BGA&.219
ATTACHMENTS:
Action Alternatives and Special Permit Findings
Ivan Zweig letter to City Clerk, September 26, 1996, requesting an appeal.
Monroe letter to Ivan . Zwieg, October 10, 1996, setting appeal
City Council Minutes, October 7, 1996, setting appeal
Planning Commission Minutes, September 23, 1996
Planning Commission Staff Report, September 23, 1996, with attachments.
Notice of Public Appeal Hearing, October 16, 1996
Resolution
� }
1
ACTION ALTERNATIVES
1• City Council may vote in favor of an applicant's request.
If the action is a variance, use permit, fence exception or
sign exception, the Council must make the findings as
required by the code. Findings must be particular to the
given property and request. Actions on use permits should
be by resolution. A majority of the Council members seated
during the public hearing must agree in order to pass an
affirmative motion.
2• City Council may deny an applicant�s request. The reasons
for denial should be clearly stated for the record.
3• City Council may deny a request without prejudice. This
action should be used when the application made to the City
Council is not the same as that heard by the Planning
Commission; when a Planning Commission action has been
justifiably, with clear direction, denied without prejudice;
or when the proposed project raises questions or issues on
which the Council would like additional information or
additional design work before acting on a project.
Direction about additional information required to be given
to staff, applicant and Planning Commission should be made
very clear. Council should also direct whether any
subsequent hearing should be before the Council or the
Planning Commission.
SPECIAL PERMIT FINDINGS
(1) 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;
(2) the proposed use will be located and conducted in a manner
in accord with the Burlingame general plan and the purposes
of this title;
(3) the planning commission may impose such reasonable
condi�tions 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.
' �Sep-26-96 03:32P
To the City Clerk:
9/26/96
We will appeal the Planning Corrunissions' decision on September 23. We
wotild likc our action meeting to bc placed ou pctober 21. We will be at t�ie
meeting on Oc;tober 7.
� c ely, _
an eig
Director of Marketing & Real �state
--------------------------------------------------------------
Honorable Mayor & Council:
Hearing should be set for the OCTOBER 21 meeting.
City Clerk
---------------------------------------------------------------
P_O1 ��
�Y V f
�.. �
C �
� ��, t
Re: 9.23.96 Planning Commission denial of an application for a Special Permit for take-out
at 1118 Burlingame Avenue, zoned C-1 Subarea A, (Louisa Kao, property owner and
Smoothie King, applicant.
,
(v CITY
�C,l. O'�
BURIJNGAME
�?�, � 1 0
�e,.rco �u..�e •
C`�S�e f�t�� o� ��xrltrt�ttme
GTV HALL - SOi PRIMROSE ROAG rE� (415) 696-7250
PLANNING DEPARTMENT BURUNGAME. CAUFORNIA 940i0-3997 Fnx (415) 342-B3H6
October 10, 1996
Ivan Zwieg
Smoothie King
5180 Stevens Creek Blvd.
San Jose, CA
Dear Mr. Zwieg,
At the City Council meeting of October 7, 1996, the Council scheduled an appeal hearing on
your project at 1118 Burlingame Avenue, zoned C-1, Subarea A. A public hearing will be held
on Monday, October 21, 1996 at 7:00 p.m. in the Council Chambers, 501 Primrose Road,
Burlingame, CA.
We look forward to seeing you there to present your project. Please call me if you have any
questions.
Sincerely yours,
� � ���z�
IVIar' et Monroe
Cit Planner �
M/s
i � i satnu..a��
c: Mr, and Ms. Kao
1108 Burlingame Avenue
$urlingame, CA 94010
City Clerk
�
�,,,,� �, ,�� �. c.�
,,
OLI� I3USINESS
Cotulcilwoman Knight asked about the "parrot° attached to the sign at La Pinata and noted a similar
sig��: �v�ls ��oin� onto the new Left at Albuquerque restaurant. Staff explainecl that type of si«n is
allo«�ed.
Councilman Spinelli discussed graffiti high on the walls on Burlingame Avenue and Vice Mayor
O'Mahony had received a call about weeds in the divider at Skyline and Trousdale.
NEW BUSINESS
Mayor Harrison set a public hearing for an appeal for a take-out food permit at 1118 Burlingame for
the October 21 meeting.
Mayor Harrison appointed Vice Mayor O'Mahony and Councilwoman Janney to meet with BART
on possible revisions to the agreement discussed earlier.
ACKNOWLEDGEMENTS
a. Commission Minutes: Beautification, September 5; Traffic, Safety and Parking, September
12; Park and Recreation, September 19; Senior, September 19; Planning, September 23,
1996.
b. Department Reports: Police, July & August 1996; Parks & Recreation, lst Quarter 1996-97.
c. Letter from Broadway Cleaners about sign permits. Staff reviewed the problem.
d. Letter from Tom Huening, Transportation Authority, about a proposed pedestrian/bike trail
adjacent to the railroad tracks. Council commented this might be dangerous.
e. Letters from Ario Gregori and Stephen & Fiona Hamilton objecting to the demolition of
older homes.
f. L,etter from Maureen Juscen-Long objecting to a home being built on Vancouver.
g. Letter from Supervisor Nevin regarding the new county ordinance which prohibits sale of
Saturday Night Specials.
h. Letter from Brian hill objecting to railroad grade separations.
Letter from Palo Alto mayor opposing Proposition 211.
j. L,etters from Ross Butler regarding a damaged curb and about tilting telephone poles on
Forest View Avenue. Staff will check.
k. Letter from Carson mayor in support of a LCC resolution regarding appointments to policy
comr�ittees.
Burlingame City Council 9 October 7, 1996
�,
Burlingame Plannin� Commission Minutes
September 23, 1996
3. AN A1'PLICATION FOR A SPECIAL PERMIT TOR TAKE-0UT AT 1 118 BURLINGAI�IE
AVLNUL-', LONEll C-1 SUBAREA A, (LOUISA KAO, PROPERTY OWNER AND
SMOO'I'HIE KING APPLICANT .
Reference staff report, 9.23.96, with attachments. CP Monroe discussed the request, reviewed
criteria, Planning Department comments, and study meeting questions. Eight conditions were
suggested for consideration. Commissioners asked staff about requiring sidewalk washing and past
limitations on deliveries to sites in the �rea.
Chm. Ellis opened the public hearing. Mr, and Ms. Kao, 1108 Burlingame Avenue, property
owners, Blake Martinson and Ivan Zweig, 5180 Stevens Creek Blvd., San Jose, the owner/operators
of Smoothie King were present to answer questions. Mr. and Ms. Kao explained their business
operation in Burlingame. Mr. Zweig responded to the commissioners questions: they are
franchisers for this business in 'Santa Clara and San Mateo counties, they have already opened a
store in Foster City beside the one in San Jose, they will pressure wash the sidewalks regularly or
whatever the city wants; their store in San Jose is a part of a small 8000 SF inall with parking in
front; two rest rooms are provided in the basement of the Avenue Arcade building for employees
to use, they have not checked with the health department to determine if this is adequate; they could
provide toilets on this floor in the Avenue Arcade building if the city wants; gross sales are 60:40
vitamins to smoothies; expect to serve 200 to 250 smoothies a day; smoothie is much cheaper than
vitamins; anticipate deliveries by UPS any day, bananas early in the morning; an one major truck
supply delivery a week; the major delivery and bananas could be before 9 am. There were no other
comments and the public hearing was closed.
Commissioner discussion: the San Jose store front is dominated by the smoothie sign, vitamins
seem secondary; the smoothies would generate 200 to 250 people a day too much activity for this
block of Burlingame Avenue with no parking, a litter and loitering problem now; no problem with
retial vitamin sales, but real focus here is smoothies; this is a fast food outlet, albeit a good food,
demonstrated by the big food preparation area and small vitamin sales area; want to maintain the
retail mix but don't think take out was intended to be a semi-restaurant use; can't see how this
business is different form a bagel shop or Starbucks; see this as a restaurant application with
vitamins as a profit center; people will come here first for smoothie not vitamins; this is very much
like the proposed hot dog outlet; in this area deliveries should be required to occur before 10 a. m. ;
because of the attraction to young people see trash and litter from this use spreading to the railroad
station and park. There were no other comments and the public hearing was closed.
C. Deal noted that this is more of a restaurant than retail vitamin use as such it does not maintain
the retail mix, it will be detrimental to the other improvements in the area because of its impacts
on parking and trash and litter. He then made a motion to deny this special permit application.
The motion was seconded by C. Wellford and the motion for denial passed 6-1 (C. Galligan
dissenting) on a roll call vote. Appeal procedures were advised.
u
-5-
a
/' f' / ., f
CITY OF BURLINGAME
SPECIAL PERMIT
Special Permi� for Take-Out Food
Address: 1118 Burlingame Avenue
Item# 3
Meeting Date: 9/23/96
Request: Special Pernut for Take-Out Food at 1118 Burlingame Avenue, Smoothie King, zoned
C-1, Subarea A(C.S. 25.36.032 lh).
Applicant: Vandelay Interests or Smoothie King APN: 029-153-150
Property Owner: Lorenz and Louisa Kao
Lot Dimensions and Area: ± 11,065 SF
General Plan: Commercial, Shopping and Service Zoning: Gl, Subarea A
Adjacent Development: Commercial
CEQA Status: Article 19. Categorically Exempt per Section: 15301 - Existing Facilities, Class
1(a), Interior or exterior alterations involving such things as interior partitions, plumbing, and
electrical conveyances.
Previous Use: The Record Exchange (retail sales).
Proposed Use: Nutrition store "Smoothie King" with blended fruit drinks to go (no tables or
chairs) .
Allowable Use: take-out services associated with a retail use require a special permit.
Summary: The applicant, Smoothie King, is proposing a retail nutrition store that sells fruit
drinks for take-out. This new store will replace the previous Record Exchange. The proposed
store will have 506 SF of sales area, 605 SF of preparation and kitchen area, 133 SF for office
use and 134 SF of storage for a total of 1,378 gross square feet. There will be no tables or chairs
inside the new business. In the C-1, subarea A zoning district take-out food sales require a special
permit. A take-out service is defined as food that is pre-prepared or rapidly prepared for
consumption off the premises (C.S. 25.08.645 take-out service definition).
Parking for first floor retail businesses in Subarea A of the C-1 zoning district do not require
parking. No parldng for this use is available on site. Public parking is available along the street
and in nearby parking lots M between California Drive and Lorton Avenue (25 parking spaces)
and E between Lorton and Park road (68 spaces) and Lot D(48 spaces).
The Smoothie King tenant space is part of the 11,685 SF parcel at 1108-1121 Burlingame Avenue.
The building at 1108 to 1110 Burlingame Avenue is cunently undergoing construction for a
seismic retrofit for the building shell and tenant improvement work for Rosti's restaurant.
Construction will probably be completed sometime this winter. Other tenants in the building
SPECIAL PERMIT for TAKE OUT lll8 Burlingame Avenue
include a perfume and cosmetics store, intimate apparel store, art store, professional offices, and
a proposed restaurant (Rosti's - 3,230 SF first floor and 1,138 SF basement with 1,685 SF
outdoor patio eating area). The proposed tenant space is cunently leased by the Record Exchange,
a retail music store.
T'he proposed nutrition store will be open (7 days a week) Monday through Sunday 8:00 a.m. to
8:00 p.m.. They have one full time employee and 3-5 part time employees. In five years they
do not anticipate an increase in the number of employees. A m�imum of 200 customers are
expected during weekend days with a projection of 250 in five years. The maximum number of
customers and employees on site at any one time is 20-25 people. The applicants have a similar
store in San Jose at 5180 Stevens Creek Boulevard (photographs included in your packet).
Other nearby businesses that have recently received a take-out permit include La Salsa at 1125
Burlingame Avenue (January 2, 1996), Starbuck's at 1160 Burlingame Avenue (August 4, 1992)
Noah's Bagels at 1152 Burlingame Avenue (April 18, 1994), Rosti's at 1110 Burlingame Avenue
(April 15, 1996), Cheese Please at 299 California Drive (March 2, 1993), Il Fornaio at 327-329
Lorton Avenue (June 2, 1992), Balloons and Bears at 1236 Burlingame Avenue (September 6,
1994), Peet's Coffee at 1309 Burlingame Avenue (June 20, 1994), and World Wrapps at 1318
Burlingame Avenue (January 22, 1996). At 247 Lorton Avenue, the California Candy Company
has appealed the Planning Commission's 7uly 8, 1996 decision for a take-out permit.
Use:
Parking:
PROPnSF,D
* nutrition store
with take-out foods
0
F,XTSTIN('T
Record
Exchange
AI,I,OWF,n/RF,n'n
take-out food sales
require a special permit
0
(for this use)
* Special permit for take-out food sales in the Gl district.
Meets all other zoning code requirements.
First floor retail in
C-1, Subarea A does not
require on site pazking
Staff Comments: The City Engineer notes (August 19, 1996 memo) that a trash container shall
be placed in front of the store on Burlingame Avenue. The container shall be purchased to match
the trash receptacle selected by the Burlingame Avenue Streetscape Study. Maintenance of the
container shall be the responsibility of the applicant. Also the store shall keep the sidewalk clear
of trash and litter within 50' of the store front including regular 'policing' by the business for litter
control. The Fire Marshal and Chief Building Inspector (August 15, 1996 and August 19, 1996
memos) had no comments. Planning staff would note concern about this use increasing the need
for sidewalk cleaning both at this site and for nearby businesses. Also the applicant has indicated
that he will not require seating outside or inside, so no tables or chairs will be added to the public
sidewalk area. Conditions of approval will address both of these issues.
2
SPECIAL PERMIT for TAKE OUT lll8 Burlingame Avenue
Study Meeting: At the September 9, 1996 Planning Commission meeting the commission asked
about the type of containers used for the smoothies. The applicant has responded in his September
13, 19961etter that drink containers are made of Styrofoam. Enclosed is also a menu list of the
take out drinks to be sold at the store (30 drinks).
Tables and chairs are not proposed with this application. The applicant has indicated that he is
not a restaurant but a nutrition store that sells drinks. He does not want to offer sea.ting in the
hopes that customers will peruse and purchase other products in the store while drinking their
smoothie. In the future, he hopes to add a`standing bar' or counter along the interior side of the
store. He notes that he intends to have one employee to `police' the front of the store for trash
during operating hours. Every morning they will do a pressure wash of the sidewalk and if there
are incidental accidents during the day an employee will clean it up. He proposes a committee
to `police' the street with businesses providing volunteers to clean up problem areas. Or he
suggests that businesses contribute to a beautification fund to pay for cleaning the sidewalk on a
daily or weekly basis.
The preparation area at the rear of the store provides space for employees to prepare drinks
without disturbing each other. The sales area will be equipped with slatwalls in order to ma�cimize
the amount of sales area for the store. An inventory of the products offered is available in the file
for review. The applicant notes that the ideal ratio of vitamin sales to drink sales is 60:40. No
bathroom will be available in the store but shared bathroom facilities are available for the use of
all the tenants in 1108-1110 Burlingame Avenue, the Avenue Arcade building. The freezer unit
shown in the San 7ose business stores drinks for sale including a frozen drink that must be thawed
before drinking.
The Planning Department contacted the City of San 7ose Planning and Code Enforcement
Departments. They indicated that no use permits or variances were required for the Smoothie
King store at 5180 Stevens Creek Boulevard. No code enforcement complaints for the Smoothie
King have been filed with the San Jose Code Enforcement Department.
Required Findings for a Special Permit:
In order to grant a Special 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;
3
�
SPECIAL PERMIT for TAKE OUT 1118 Burlingame Avenue
(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;
m 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. Affirma-
tive action should be taken by resolution. The reasons for any action should be clearly stated.
At the public hearing the following conditions should be considered:
Conditions:
l. that the project shall be built as shown on the plans submitted to the Planning Department
and date stamped August 12, 1996, Sheet AS Floor Plan;
2. that the conditions of the City Engineers' August 19, 1996 memo shall be met;
3. that the business may be open (seven days a week) Monday through Sunday 8:00 A.M.
to 8:00 p. m. with a maximum of five employees on site at any one time, including the
proprietor;
4, that no alcoholic beverages shall be sold from the nutrition store and the take-out business
shall include items similar to blended fruit drinks, and smoothies;
5. that the applicant shall purchase and maintain at least daily, more often if necessary, a
trash receptacle inside the door to the store and on the sidewalk along Burlingame Avenue
at a location approved by the City Engineer and Fire Department;
6. that the nutrition store operator shall purchase and install on the street, the trash receptacle
selected by the Burlingame Avenue Streetscape Study and this container shall be installed
no later than November 1, 1996;
7. that the applicant shall remove once a day or more frequently, if determined to be
necessary by the City, all take-out debris on the sidewalk, in the gutter, and in planters,
in front of the store along Burlingame Avenue, and within 50' of the store in each
direction; and
0
SPECIAL PERMIT for TAKE OUT
Conditions (continued)
I118 Burlingame Avenue
8. that the project shall meet all the requirements of the municipal code and of the 1995
edition California Building and Fire Codes as amended by the City of Burlingame.
JaneGomery
Planner
cc: Vandelay Interests (Ivan Zweig), Smoothie King, applicant
B:\1118BURL.SP - 9/16/96
5
a
Burlingame Planning Commission Minutes September 9, 1996
address variations in building� �materials; Item set for action Septemb�er 23, 1996, if all information is
available.
B) T�IVTATIVE MAP
�'`fi7~ '
,
Reque ''� letter showing Caltrans will accept drainage. If all necessary information is received, item
set r Septembe�23 1996. � =`
2. AN APPLICATION FOR A SPECIAL PERMIT FOR TAKE-OUT AT 1118 BURLINGAME
AVENUE, ZONED G1 SUBAREA A, (LOUISA KAO, PROPERTY OWNER AND
SMOOTHIE KING. APPLICANT).
Requests: material of the serving container, paper, foam; reason no application for tables/chairs; how
do they intend to use the 500 SF of sales area, why such large preparation area when the sales area
is 500 SF; where are the bathroom facilities for employees and customers located; what sales items
are kept in the cooler; contact City of San Jose to verify their experience with the San Jose site; Item
set for action September 23, 1996.
ITEMS FOR ACTION
The applicants were advised that only 5 of the 7 Commission members were seated this evening. The
rules of procedure for the Commission require a quorum (4) affirmative votes of the whole commission
in order to pass a motion on action items. The Chair asked if any of tonight's applicants would like
to delay their action until a full commission is seated. None of the applicants came forward.
3. APPLICATTON FOR A HILLSIDE AREA CONSTRUCTION PERMIT AT 1646 ESCALANTE
DRIVE;`�ZONED R.-�1, (ANGELA MONG, PROPERTY OWNER AND ROBERT FAN,
APPLICANT). _
.��.
,< �Reference staff r`eport, 9.9.96 wifh attachments. CP Monroe discussed the request, reviewed criteria,
'' � Planning,Department comm�nts, and study meeting questions. two conditions were suggested.
� r
,��' .,_.,
.., f,. �� �
Chafrinan Ellis o�Zened the public heanng. � Robert Fan, 580 I�{I�arket Street, San Francisco, was present
epresenting th�''applicant and ex�lained that the additio,� i� needed to accommodate her aging mother
' and a hel�per. They are not'''asking for a varianc�°or an exception and the building meets coc�e:
Photographs depicting ,�he addition and viewd��r�n adjacent properties were entered into the.record.
Ms: `�Iurley, 1615 ,Hunt Drive spoke in ogp ' sition to the application expressing concern tliat the last
,.addition to the house was visible from �� back yard, this addition does not block,h���view but is not
S" �
;� nice to look ��. There were no othe� comments and the public hearing was;�l�ed.
-• �
' „i- � ��;�g* r���,�:t.
C. Deal noted that this will ndt block the adjacent views. Those vi�vas are already blocked by existing
Mw
vegetation. He then moved to approve this application, by r��tion, with the following conditions:
,f1) that the addition, as built, shall conform to the plans s�� n�'itted to the Planning Department and date
stamped July 25, 1996; and 2) that this project �� meet all the requirements of the California
Building. and Fire Codes, 1995 Edition as ame�atfi�`cd by the City of Burlingame.
`�"``. -2-
_ �� �� i4 u
�� . ' � �+i
�.. � �.f a� � �
k.,... _. �,F
��fil U!= E,�ir�L
iiUC;,;s✓;�
''�;NN,��;; DEpT.
9/10/96
Dear Planning Commission,
The purpose of this letter is to respond to your questions from the Planning
Commissions` meeting on September 9th. We feel we have an acceptable
response for each inquiry.
Question #1- What kind of cups or containers crre the smoothies served in?
The drinks are served in a Styrofoam container. See the sample cups we have
provided (1 a).
Question #2- What is your menu? Our menu is a variety of 30 different ,
smoothies. Please see the attached menu (2a).
Question #3- Why don't you w�nt tables or chairs inside or outside? This is a
matter that concerns the policies and procedures of our Franchisor. We are not
a restaurant nor do we want to be perceived as one. �Je are a nutrition store
that happens to sell a refreshing drink called a smoothie. There are a few
reasons why we don't offer formal seating: the first being, we want our
customers that have come in just to buy a smoothie, to look around and speak
with our nutrition experts with the hopes that they will buy some vitamins or
supplements. We try to run a smooth operation and having tables in our store
urould detract the customers attention away from our sales area, . Now we will
address the prospects of having outdoor seating. Because of the existing
problems with garbage and loitering by the patrons at the nearby businesses,
we would not pursue the prospect of outdoor seating.
While keeping the concerns of the city in mind, we will be proactive and take a
few measures of our own to ensure that we will have a neat and efficient
operation. First, we will add a"standing bar" along the interior side of the store.
(our franchisor will have to revise the current floor plan to accommodate this
measure.) Secondly, we will always have an extra employee on staff to greet all
patrons and to police the are in front of our store during all hours of operation.
Also, every morning we will do a thorough pressure wash of the sidewalk.
However, if there are any mishaps in front of our store, our "greeter" will clean it
up immediately. Therefore, any trash on the street will not be from our store.
Lastly, we would like to help form a commission in conjunction with the
Burlingame Beautification Committee. The purpose of this committee would be
to keep the streets policed and sparkling clean. This goal can be attained with
each individual business volunteering an employee a few times a week so the
streets could be policed by the businesses that are causing the problems. Not to
Va►idclay In�erests, Inc., dba Smoo[liie l�iiigo
il�-+3-C [=���tcr Citti� Rlvd. • I�ostcr (�ii�°. (��\ ��-F+(�4 • (-�1 ��' �77-,45(1� Pl,nnr/T=;,��
mention, this would be at little or no cost to the city. The other option and most
hassle-free could be that aii businesses contl�ibute to a beautifica:ion fund. This
specific fund would pay for an outside service 'to wash and scrub tne streets on
a daily or weekly basis. Either one of these measures could show T.�ast
improvements in regards to the current situation on Burlingame Avenue.
Question #4- Why are the prep areas and the Sales ares the same amount of
square footage? The prep area needs to have ample square footage so the
employees behind the smoothie bar do not get in each others way. A1so, the
walls of the sales area are equipped with slatwall in order to maximize the
amount of floor space we have. Slatwall also enables us to present information
in e� neat and orderly manner.
Question #5- Why are the products on the shelves spread out in that
manner? That is our personal preference in order to present an eye catching
display. We have attached our inventory list which is worth about $15,000. This
financial committment should show our desire to achieve a high level of vitamin
sales.
Question #6- What is the ratio of sales between vitamins to smoothies? The
ideal Smoothie King ratio of sales is 60:40, vitamins to smoothies. Most
Smoothie King stores are about 50-50 but we project this Burlingame store to be
as close to ideal as a store can get. --
Question #7- Why is there no bathroom for patrons or employees? A
bathroom is supplied to all employees as well as for patrons and is up to the
current ADA standards.
Question #8- Explain the cooler pictured in the packet presented to the
planning commision. Since we are a nutrition store, ��e sell nutritional drinks
that are high in carbohydrates, low in fat or burn fat altogether. We also sell a
product called a Frozee in these freezers as well. This is a frozen product that
has to be taken home because it is frozen solid. Therefore, a microwave needs
to be used to thaw this product and also allows our customers to enjoy a
product that is somewhat comparable to our smoothie, but in the comfort of
their own home.
In conclusion, we feel we have addressed all of the Planning Commissions
concerns. Furthermore, we will go the extra mile to help make Burlingame
Avenue "the talk of the peninsula."
S c rely,
Ivan Z \ eig
Director of Marketing & Real Estate
�. .
�'� /e,�xra��i ury�6 {7€(F �a� ��' ,."�. ,�entyouvnsh}.,. �'., I
A,CIDOPHILU,51�a �our`�e�#"fricnd'ly�nT���aU"zt�1b�,{� riawhic d� -��
�igest�on ofi'proteine. ' . �'w x � �""`
s ���
ALOE VERA Is an all around medic nal herb that i� o5,ed�both internally '
�nd extri nally� Thc Aloe Gel on c�(uld 15 H l ombmation of� Iba Uc and
�5trrngen age��y�
CHROMIUM PICOJ.INATE ie a mineral w 3�y.�eeded in the synthesi �:�
ofGl7olesterol fat5,�nd protein. It aids m n ilization of insulin. �
CAi�'i�ON: DiabeUce`GanSult your physiaan� . �: . : I.
CITRIN i5 a natural fr�t't,acid extracted from the G �rp inia Cambogia
(brinifall berry) plant, TIi'i�:natural substance inhibits'Bh\ formation
of nev+tfat from carbonydr�ee. �
FRUCTbSE i5 a natural sug �derived from fruit and honey it �5 used i
as a natural subetitute for r�fined 5ugar. :za;
C3 SEN6 �i riental herb usQd for thoueands of years. It ia an"?':;,� I,
a to in the assimilation of vitamin5 and mineral5. . �,
Gi p, 5e of fatty acid5 which provides fuel and
ene 'he�l
HIG E Ot�lt?E,,,, a food 5ource of complex carbohyilrate5 which
e �$ ourcC, bodily functione and musclee. i
�` x'��"'` �
i3 E c. �mirE�`� minerals and is u5ed ae a naturaCSugar i
SuE�ti '�� ain<,�� �( rotein and ie used 2o IncreaSe energy. i
IMMUN � b� i� ti�g ,y combination of vitamine and herbe. Immune �
�i,t'��'t�iT�°� � r�s such a5 Beta Garotene, Vitamin C; and E. I
L- T1����'' . amino acid which transports iong chain fatty acids. ,
Fat „ G?�'1�' or energy inside th� muscle cells and GCarnitine is needed
Tq :� 3� �5. � _ . ' . . . .
LECIiHIN breaks down cholesterol and fats in the blood. It is needed by celle _', .
in the human body and contcibutes to proper liver.funciion. . �
PROTEIN POWDEK is the mo5t plentiful dry substance`in your body and is
the major 5ource of building material for muscie; blood, akin; hair, and nails.
It is essential for the growthbf.bones�and contributes to proper brain and ,
heart function. � � - ' �
SPECIAL VITAMIN AND MINERAL GOMPLEX iy a er
containing protein, vitamine; mine�als, enzy �� . �� �.
SPIKULINA is a blue-green algae. It' ete ' a
chlorophyll, minerals, and B-Com amins.
content aids in stabilizing th � su � I. �
7URBINADO i5 a brown, u ed
minerals and can be use a n su b w it u ar. �
YITAMIN G is an antiox' t� � � o a en or � i
important for growth � re 5ue n b e
teeth. Vitamin C enha i une f � a' t ' n of
calcium, iron, and foli ;jj ��' �.
WHEAT GERM oil ie ex d fr a el of w ,�t"s �.L
It is an good source of p nd unsa ur2 atty aa nx�aln��
B-Complex vitamins, mine j
�
� "�'�, £
YEAST is an 5ource of prote `"il�t"eX vit9rr3in5'�1t al5o o0n�in����
man mineral5 and i5 a ve OU �,y�'�hrotnlUYry SMCI ij^OC1� �
Y h'9 f� ,�r.�..:,�.
PURE FRUIT AND PRU17 JUIGE9 nd exciting heW taste; ad.�aone
these fruit flavors to your favorite �� p:-bananaj;b(aekber� ��
cherry, coconut, cranber mo , g ple,
raspberry, strawberry.
�3`-
I �
�—� . �s
�K�oz�N; -DeL�P'GY
" T� A��PooN T I N� 1"
Have you ever wished you could take �'Smoothie home to enjoy anytime you �
wanted it? Smoothie K�ng founder Stephen Kuhnau developed the FROZEEm frozen
delicacy so you can dojuet that.
A FROZEEm `rozen delicacy contaln5 the same healthy and nutritiou5 ingredients
as all your favorite 5moothie King 5moothies. But since it's frozen, you can enjoy
� that great Smoothie King taste whenever you likel When yodre ready for it, just �
pop it in the microwave for about 60 seconds or let it soften at room �
temperature for about 70 minutes. Grab a spoon and enjoy.
� Now you can enjoy a nutritious FROZEE° �delicacy around the clock - for
- breakfa5t, aRernoon snack, midnight m esert any time you want. Tliey
. � are available in cleven.tasty flavore � nv�nient sizes, 6 oz. and 20 az.
328 calori �ygff� �.
P�AGN �
354 calories 0 2 g t-�
PBAGH 5(1�� PL 4
484 calorics, 0.6 g fat
�
Pleaee nobe that moet of our 5moothi
�ISh tur�lnado and honey. Please tell us if
are sweetened
PUNCH� FRANCHISES INC.
�ROZEE" ARE REGISTERED
AI.L 1•800-5��0
wv�
APC;Jl.nost- erwasCe
�
�
�� "}
.* r�.r�`°y .. .,
��sa ��$
��
� I'�
a r5el��._r
,. .
,.
. � �.: � . . ._ . ... �r �, .'... ,
...� o � .:�, ,'.i' ,Jay+e,;:
,�, �. _ . �-- � er ' � � / e7
: ` � � �LGK��KRY DK�RN�° � P�AGH ��8 P(U�m
, �� ��,� ,.
,, ,�� -� ,
You'll remember freshly picked Flavorful peachee and plump Ji��i H�L P�ANUT PoW�I�> �(U�O�N'�
blackberries when you enjoy the 5trawberries give thi5 one a ``�� �
_.j � { Our most popular 5mootnie for Peanu�- butter andjelly �n.a copl,
.wp �,_�_; � � �� .. � incrediblyjulcy taste of tangy light, juicy fiavor. F
'� �� �'� nen caio��es, 0.6 y Fac people who are trying to galn Gcamy , re5h ground peanut
blackberrie5 blended with our
' �q�� ., %,; ,. ' weight. All-natural ice cream and l-u ter and banana blended
.� i�`' �� 5pecial high energy mix. our 5 ecial wei ht ain forrnula with o�r choice of lum
����&���� � ���� � p�" 3ao oaio��es, o,s g fac !�1 KjG {������'Y give thie one a uni�ue creamy 5trawberriee or t 5ty p�;�, 'y
0 ae, banana, and A delicately 5mooth, creamy ��(�j����{� texture. High in protein and grape Juice. '� r;
5trawberrie5 give thi5 one blend of banana and � G�AN���� calories, and available in vanilla, w� st�awherr�ee 630 oaior��� 2�2 g�fss,^s�i
Intense ra5pberry flavor! Revel in f
a tan , cool ta5te. 5trawberrie5. GOO �t� chocolate or strawberry flavor. ��% e�apej� �e �oo caio��es, 2,o9q fat ;
gy 3za �aio��es, 0.9 y fac �-- the deep, fruitful flavor of van�ua 8as �aior�es, z8.8 a rac �`_ {,
aeg oaior��s, o.g 9 fat TaSty cranberrie5 and our ra5pberry and our 5pecial high cnocotar� aa5 caio��es. 29 y rac MAT� ANp' SH{!�� fj
� GAK�I��RN WAY° � PINBAPPL PLR�Uf��� 5pecial high energy mix give this energy mix. 5�r�rberry 952 caio�es, 29 i y fas
one a candied fruit flavor. ssz �aio��es, 0.�9 fat ��..� Delight in the rich flavorof our
Deliciou5 papaya, coupled with A delightful blend of mouth- 5s5 caior��5, o y fai U�_�p�,��p�� old-fashioned malt5 an'd 5hakes.
banana and 5trawberrie5, give watering pineapple5, banana and � L/Yl�j�j Tlf�/��'" ' �� *a�� Blended tvith:y6ur choice of
thi5 one a tropical fruity flavor. a pinch of papaya. P�i{!GH 5 IG�i� Peanut bu rsjike.youve never all-natural vanilla, chocolate, or
3io caio���s, 0.3 fac � L The 5moothie with zip! Enjoy thi5 !'�.had it b atE �Dell frG thi5
392 caior�e5, aa y fac ' 9 A each lover's dream: A subtle Succulent blend of lemon 'wce '�' �� g��?> 5trawberry ice cream.
P � � ;,� �� ; e y blend o�{: re5�j t�round Maics 906 �aio��es, ai.a y fas�
,y� blend of flavorful peache5 and banana, and a touch of papa �, ,t, �,.;, snaKos a9a oaio��e9, gi.� y fac
�MU�GL PU(�iLH� � 5L�—N-����' ln a a a. 336 calorics, 0.4 g fat z:�,�19 � �ean utter,�nd ba,nana.
�'t P P Y � '���� . �ei ��geai ,
6anana, 5trawberriee, and our A surpriaingly filling drink with a 3� �aior��s, 02 y fac
unic�ue blend of healthy nutrients delicately light fiavor, ThiS one ie � T,'.;, �, �*� °
roduce a crea�1�" texture d an excellent choice'for a meal '` ,� s°� , `�
� `� s
� p "' . unbeli�vabielta5�� replacement. It i5 biended with :'��, �� � � { �, � ��` � �; � �
.d33g �aiorEs'ta �a��°'�� � ` fre5h banana and our 5pecial " �.� �� ; �;�`� �,. '" f �4 �,t, �� ""�",
`ti 1 r e,; '�� �.�j�,� nutrient-rich Slim-N-7rim Mix. � r � :� � �" � �c � "'�,.`� ` t� y
�7v'� ,. ., ��
`� ���N� ��IrVV{�� �x���/�vailablB in your choice of va ��r±,t � . P„ ,r� �: i" � � K,^���; � e: �:t�`'• � � ��N�i^ ������
c_, s f, Cooi, refreahjYf� l�efc� df,��'�chocolate, or 5tra a '� ��,ry � �� j fy,� � a c�,�.f �� ,�' . ,,..
x �M� van�ua zz� �aio��os, i o y fao � s,;+: 1� ;��� �; � 6r at for ou're �eling tired, run-down, or a little weary. Banana,
a a�rf�i ba��rr :��` °' y �� � � `''" err an he dynamic immune mix give thi5 ane a unic�ue
' '� �}� j?� �YA <�R.�, Chocolate 270 caloriee, 1.6 fat ��� � � � � � . . �
y 331yalones t7.�gfab r�,,,$� >t"'"`v. 5trawberry334calorie5,1.4gfat „� K'G�, q-'. . � ,�9 ,i12171 � C�Et'"taStC. PaGkCci With VitafliiYlS, Y1'iiYlera152YIG�_��
" `' t�� �%'.°�c�� �.x �'' ict r :$ . " '� � P��i� ��N�iH � other essentia! nutrient5.
,;; �r YouT �o� T�rt � � �h'wonderful rpick-me-up". A flavorful blend of banana, 5trawberrie5, sso oaio��es, i.� � fac
} . H` F . 2m1 ! ti x.�t:'. ,y� � � � ��� r`.
A ligh� AeliCate Ei�d�df,gqrange`� (' I��GL P�NGH P(�� _:� ����"°c ? nutrient5; and our special high energymix. " `
' an��ba'ntin�4 '�-� ^` Banana, 5trawberrie5, and our��� h 1,�.,� &f� 43ocaio�es.t.ayfas ����D_LT��� q �,��N���Y �P,e�eMe"
-' 266calor�es b4gfat uni ue blend of rotein5 and :_ �' �s � A li ht, mil blend of banana, Our d namlc immune mix with
,,, �'".` yf n�tr�ant5 g��P tn� pone a �rearriy� ��:� ,'� �oWP�K� PUNGM P�U�I �' SUPP�f� PUNGN PL�1 . e �`�' y
� G���,_,_�LG S��` , H`�H papaya, and your choice of any the 4 ick of cranberries! Thie
f � �� �� y�Lexture and deliciou5 tayte. .: �, �f,,t�f";'��� Our #1 workout 5moothie. A Replace those eeeential,mineral5 . of our all-naturai yogurt flavore. one i5 fantaetic if you need
A fruity ,plend of blabk c.heriy,. � ��. 343 �aior�os, i.a 9 tac r r�r��,,o +, blend of banana and lost during a workout with this aze caio��es, z.a y fac an extra push.
., , s, fi,�1 d�?' ' strawberrie5 pac�ed with juicy, tart-flavored blend of i::�,i c e� y raz
papaya an�l banan�: ; -7; ,�,,� ,
2a5 caioric6 o.g 9 fas G(�� {i�� i�ixP�i�il �lTi7N�% k nutrientz to get you going. ThiS papaya, banana, etrawberrie5, k: , t
' `�� i.`=' . r�'� : '� ��� � . - . � ,�„ �.itt�'taj�,wr� ��,?'`F'r.� �'�kr �ti�.�
s� one i5 excellent for before or electrolyte mix and our special ^� , �`�� �
A refree{�ing blend of rich grape';,7� ��
�'1N�TRN�T V(�(!�M� r after a workout, or tvhenever ou' � �� h' h ener mix. f! i '� 'k3 �'
' Showeted with a touch of �:. s q y �g 9Y �_������f`i�� ����1���� �
�� } YICBd a b0 $t. � 576 calories, 0.8 g fat � Y
Perfect if; au need a little boost �' �': papaya. g � x�*:, � . L , . ti;.yp
'��a �2i1�,1 � .
y 499 calorc5, 2.5 fat
A light biend o�,6�naha, 0range ^ 396 ealories, 0.4 g fat '� �rw �w ,; . -7- -�'
and our;5 ecial h('li�nertgy mix . �,; -�� ^ s .' �. f N�i i�ili�ilTO�� . � � ,•' ,w .
�F�,d��5;�1.3 g fat ' �K�RPB �XP�GTToN� �� � u� � S U, P�(�� P U N G H'" rne pe�e�t a��nk for boay � GoGo NU T� O v t JK�PK�I���" �' HAWRiiAN GAF� .AU L I."
x. - ,����� II*� ^- x Great for replacing electrolytee builder5 or anyone looking for a Mieeed that cruise to the Pure p!ea5ure for the y
�P�� UPP�K�� R` after a tough workout. Ajuicy, high protefn, low-fat 5moothie: ' Bahama5? Then make sure you coffee Iever. Enjoy true briginal
, t �An exce tional blend of rich tarbflavored blend of a a a, '-Blended with fre5h banana and .
Oran e ancJ �traV✓ber es ive p p p y eatch thi5 exotic blend of coffee flavor with thi5'cool,
9,, � 9� grape, banana, papaya, and banana, 5trawberrie5; and our your choice of vanilla, chocolate, coconut, mouthwatering creamy blend. '
thie olie a SLrpt�g;oitrue Flavor ytrawberrie5 Ynake thi5 one exce tional electrol e mix. or banana flavored activator mix. �e� caior�es. o s fat -
336caionee;,tagfac ` p � pineapple5; and banana. g
� , � . � SWBBt� aftd i t1iGy. 425 caloriez, 0,8 g fat 429 calories, 7.0 g fat 460 ealories, 6.0 g fat .
'�, t - � � � 526 calorlee, 0.8 g fat � � � � � � , .
� � 'Ta Maan Sma� � 5 I d �g ^nao ihus �� �meme e �g �d I rof Heart $mart Restaurants �niame'oneP � � �
�
. an c� a�e. 30% o I lai. tOve o yaturatetl lat 150 mg or ess cnol starol
a i ioo me o� es soa um. ndo,� i i �m �a ieoie uoo� rea�esi. _ .
z' . � , � . . � ,
/4r` CIT �
OURUNQAMG CITY OF BiJRLINGAME
_� APPLICATION TO TI� PLA,NNING CONIlVIISSION
\-n.��
Type of Applicat:an: Special Permit Variance Other
Project Address: ���� ������"��� ���'��
Assessor's Parcel Number(s):
��e
APPLICANT �/ � �� ��J�� PROPERTY OWNER
Name: �a_ ✓l�/ 1.(��e �csts d6�, Srto���c �'��3 Name: �o.e�.�.z ,a�►�� „�iis� Z�'�- �(�o
Address: �J � �� �f�I���IJ G,�"�v.�, l���Q�ddress: ��id ��"�� Q.�re �-�, �e �
-T-T,---
City/State/Zip:�� �os . G/-� � 1 g City/State/Zip:_ � � -�pQ'�e ��95�vi�
Phone (w): ��✓8' �(D �. -���-�p Phone (w): �7`/3� .3�� �'p�"5
(h): � 15 - S �7 D - � a � o (h);_ C'�is� �3 �..�. �3 ��'�
fax: � ��"-S��p ��� � fa�c: ���� -3 `�� ///o
ARCHITECT/DESIGNER
Name:_ 1 Vei � �Jel�2� r�
Address:
City/State/Zip: . a n J� s� ,�/�
Phone (w): �(� ' �� � - �gOC�
(h):
falc: `t o� " � � � " �� 3 �o
PROJECT DESCRIPTION:
Please indicate with an asterisk * the
contact person for this application.
�I ��:���` {'�% �� � A �' ?
.,� �� � _ ��(_. !4 �' '
� .� . - � � � ,� � � ..� � S�
AFFIDAVIT/S�GNATURE: I hereby certify under penalty of perjury that the information given
hPrP;n i� tn1P�,,�,r� ���r.t tQ thP 1hPgt ,nf myvj .k���,ylPrloP �n�l hPlief, � `
's Signature
��1�6
Date
I know about the proposed application and hereby authorize the above applicant to submit this
application to the Planning Co sion.
, „ ��9 ��
Property�0 ner's Signature Date
----------------------------------------------FOR OFFICE USE ONLY -----------------------------------------�
Date Filed:
Planning Commission: Study Date:
Fee:
Action Date:
' ` � � :
� 4r
;eurtuNpwMc
� �e
•,:
1.
COMI��RCIAL APPLICATIONS
PLANrTING COMMISSION APPLICATION SUPPLEMENTAL FORM
� �' ' � �-T i r" � %1 �, `� �,'� ti�.J � �i►'
Proposed use of the site. F_ �, n� �"` �-� i
���;�r���r��_
2. Days and hours of operation.� �(Ja r� �' ���-� U P�''� 1�t l I i�.��_ � 1'"C�� (�Vl G� �'
3. Number of trucks/service vehicles to be pazked at site (by type). �� ri'�h �
� I►�2� '�c� G�e I(tl�d' 2.er� �s �!� /l v17^r �toh ���
4. Current and projected maximum number of employees (including owner) at this location:
Existing In 2 Years In 5 Years
Hours of AM- After AM- After AM- After
Operation PM 5:00 PM PM 5:00 PM PM 5:00 PM
Weekdays
Full-time � 1 f � ' %
Part-time 3 � 3
Weekends
Full-time I � ' ,
Part-time - S 3' .- s ,� " '�-
5. Cunent and projected maximum number of visitors/customers who may come to the site:
Existing In 2 Years In 5 Years
Hours of AM- After AM- After AM- After
Operation PM 5:00 PM PM 5:00 PM PM 5:00 PM
Weekdays %is �j� ���- i(3-SG �22U �d
Weekends � Gd `� � �-S� /OU �.5� ( (O
6. What is the maximum numLer 9f �?nple eYr-�+_�d �r si�� at �.^.y �.e u:i:e (::.c�;�u� :,w�:,r,
employees and visitors/customers :
,��- �S DeaolE'
7
:
�
/ ,
Where do/will the owner & employees park? b � �� �� n e y
,( ,� /
Where do/will customers/visitors park? �d�� �/�a �� � �-- W�� I�u�ei ���u��l\(�►��1
�J
Present or most recent use of site.__/l e G D��t Sf0 ��.
10. List of other tenants on property, their number of employees, hours of operation (attach
list if necessary). ,
�o s� � , l�ea ��"y Sa 1 v n , i�a; � �a �an , ��`f Sfo �� ���2`�rae ��'o-.��
, � , __
�r1���Mo,�e qPPq�r'e �� �I'D'{��� ss:on� � S�r u,�c � S
,
August 21, l 996
Dear Burlingame Planning Commission:
����.�5�9���
�� l `; GF BiJ't(L�I'J�ti�VIE
P�_-"�,�Ji�I�lG 7EPT.
The purpose of this letter is to fonnally introduce Smoothie King to the City of
Burlingame. My partner, Blake Martensen, and I purchased the franchise rights to San
Mateo and Santa Clara counties. We have agreed to do 18 stores within the next 5 years
in order to fulfill our franchise development agreement. The Smoothie King concept is a
unique concept. We are a full service nutrition store that sells a cool refreshing fruit drink
as well. As you enter our store, we have the walls covered in slatwall to display the
nutritional infonnation as well as nutritional products. The middle of the store is
equipped with two kiosks which house the rest of our top of the line inventory. As you
proceed to the back of the store, you come up to the smoothie bar. We only carry a
limited supply of perishable food that is used for smoothies only. This food is not for
resale, it is only used as the ingredients for our drinks; therefore, we are not a restaurant!
During our research of the area, we have found that a nutrition store would be a perfect
match for the rest of Burlingame Avenue. Our customers are generated by foot traffic and
with that being said, we feel we will not add any additionai car traffic to the street. It has
come to our attention that the garbage from some of the tenants has become a problem.
We will address this problem in a few ways. First and foremost, we do not require any
seuting, indoors or outdoors. In addition to this, our store will be 130Q sq.ft. so if our
store is ever inordinantly busy the people will not spill out onto the street.
We opened our first store on August 2nd. As we expected, we do a steady business and
have had absolutely no problems with garbage. I attribute this to a few factors; the first
factor being that we do not have any seating, so the patrons do not feel the desire to loiter
around the premises. The second reason and �nost important one is the fact that it takes
the average person 20 minutes to finish a smoothie. Since we have no seating, the patrons
leave the pr.emises with their drink. Therefore, our store is a"take out" store in the truest
sense of the word.
Our customers are typically the health oriented/ young professional that makes an above
average income. These type of people generally respect their surroundings and
environment. However, to combat even the remote possibiiity of garbage being a
problem, we will add an extra worker to greet all customers at the door and to alleviate
the possibility of a spec of refuse at the front of our store. Once our takeout permit has
been attained, we will go one step further. We will form a committee that will be
comprised of all tenants that hold a take out permit. The purpose of this committee is to
have an employee from one of the participating stores on "garbage patrol". We feel by
Va�idelay lnterests, Inc., dba Su�oothie F�ing'�
10-+3-C F��stcr Cit�� Bl��d. • Toster Citv. C;A ��-F-+�4 •(-+l �` �77-��(1Z Ph�n�/F��
everyone sharing the responsibility and every_ one "pitching in" it will create goodwill and
a stronger feeling of committment to the communit_y. This can all be accomplished on a
volunteer basis and will be of no cost to the eity. I31ake and I are two hard working young
adults that can do nothing but bring a healthy, clean and proven concept to Burlinga�ne
Avenue. In addition, we will be running the stores ourselves and will go that extra mile
to honor our committment to running a"clean" operation. We invite any suggestions you
may have in order to put our plan into action. Thank you for your time.
incerely,
,
Ivan eig
Director of Marketing & Real Estate
��
,�,�, -:.�
& . �--.
; �
� , .; � � .� �:.
� . , �, .
.� '' ; Fa � �_;
1 Y^' .5Y -' ,�i `s Y7 _
g � � `
.� f ��t_ � 1i*�� .��',' ��fi�
� � , kk �
, �. . °� � � , .. � tr'!�' #.
� � . r . _ 'F,.", > . ,� .C,A J �� .
,;'.', .,,p.�
�-. :�:, k::
.. . .:::<;';
� �
-----�— -�:;
,�' e �+ .: .,.`��� ' �"���"�� � -;�:.;
� • �` ", .,a
t .�
r.
a .��.
x . .yR'.•,. . -� . .... ,_
S . ..., . . r � .. .
� � b 4.� � ^j'�r.� ✓F(,� .y .i .• Y� �- .. .
� .e. .. e � f. ♦.� i � •
__ : +� ., . �/'y`�+ ..
. .. ��i . f��,/ ' .. . i- '
pLACE
� ,� ORDER � �7
HERE
�+� � • � ,...r rr.r— � — --_ � � . ...__._ 1
. 1r: �� �� ���. . � -:33Y�- _ '� ��.. ��
M� DYIISti ' . . . . '� � "'_ •
!nM �Mw� . � � � ' � � �. +y4m01111Ct1 �� �
K✓MG '—. `�. _ .. �..... � K�kG.� , _
r� �rr_` ' .,...... �• y,<�r[a.�y� �
. .i — ' .� _� . -� G+enf/wu' - " � �A _
' - �..�SP J. -s.'..
+ ,.',", N �,. I � rr..,�.. , , 3 • --tl.. � �-- -
! � ; _ -- s.�� .-- , ��� :. �
�=`�� �����°�`�`��: ,� .:�� 3, �,�
- � � � ' �'� �te��;.•� ("�
.s i� �''*+""� . � '�..�_
� ,,:.... .....,, �.. VN1�1G
�ar��r
� - - -p � , . ro;� r�,
. ! . ii� �,�..�{� /1 J-� � �� �// 1:�� � �� 1 , , i a ;: <
.. � � ` � .,*� ,�,�i f � , ��
, � s.. .{'�' ;, � 6r�r.r " c s
. = f , , . � ,, . #
: x_ , .
� , .,
. ..
. , _^. ,�.._s. -,:... _ �
. _ —.. ._..� `+.a"Y� �
,
- _ . „ �. � . . -
�� __ .,- �"" � �,. �..r '�� , ' . ". ,'
,u.ra �r � • . �� � �'�� -- � . . . � � .
,M �.
� � ; �'° �'' �!�� �, ._,.,��' R �:_ '
t ' , r'
� � � �f ��1 � f�...�..::. � , �% <, ��' ;� .
_ �
" . ��_
a — - �.: _
...� .._ , �., �
_� .� � . i
, t i�
�-- ,�`�: ,. ' e ;� � �.` ., �� � ����p ��
�� �
�
_ . _
, • _.. � .x . , , • .� z ,
� .;.
� • �
_ *
,, _ -.r:
�
„ _
� � _
.���
�t; . ,
� � v�`;, .� � ,. �
�`
i
� •
. r,. � a •. .! w...+ ' .
�� w .
� '� ` �� ` _" "'y"` � �
�: �����1� �
���+ F�+��`� �!:..r�...
•_� m ���
� .� : �
�t �'M° aF� � . � •.
'M'
. i �.:. T� _�.. �C`' �
� � `-
h
^v� � �
�% i
� ^ ` �� ��
, -. .
,. '. . . „
,� . �,- -;
'""'� � � �
♦� �
�:�� �'; �
� :1' '
� �, ' .t
f ¢ a T 1 :
� i � ; � I � `s° �+" �" , IT�
�-
- - -- --- � �'_ �i�Pf�'-�� �`'r�e
:�
-� ...t � ^, 1 , :,� �i � �
- .F;=�+ ,
���r •.
,� . � kV�' �}�
� . Y L�€ ,. � ,w d�e
��
r�
� � ��
� '�
-„ -' "� �+�a., xR �
ih�"y���y�;.,.. x��d=� �n:,-
.... "���� f��^�,T�._.___."-. _. ..--- � . ,
r,
o- �' ��a s /tf, ,�� 1 ! " � ir .
h + . ' ��! � r,!�.i��.1-�� �J-� � �t/G-J.,t" � '� ` :3lt'`�
4 �' • .. __. �"'�°'i. '�' ' '"''� A •i.fSd'� j,`'�
� . w4 Yq .T.✓G _ p� ��11 ai� y��l
:.�. . . (.. � �'S. �'� dl'i �` ' �tt
. . � � . . �. . . ,. � . .. �;' , .
.. . _ _. _��i -we���� .,,F' ' ...,F, � �r^.�'. ' . t
. �� _ a..=&. s�. . .
. �� ,.� - - �'�-� 1 .� .��-" s�, y ."r.'
� -w �►3.1�� � r.
��1!+!� ��t � h.� F�'�.M1�� ' �!" � • � I � } .
ri�' _� ' _ � � �� � �✓� T� �7 . � i .� `
� �"°" . � rcp: ��`''.ti' ���;�,s f��. � ' ' -��
. , ,�
. - .^�- �, '
,.
,.-�. _ .8�„- �P
'' ��� - - �� _-- -. rt - �- - � �~
, �����„�"�`t��r� '�_ '� t'�i .�y!t~.:
` �- �-_ 1 , . � _
__ , , "
....,,:� .. _.. . , �
,7 _ _
.��A�' � _— = I ' � � ` !� r
� � ; ��� � ' � ' � '� � �:
� . - � ,� � � `���°� � �,�° ,� ; r _:
q y S
� ; ,' � � ;�;Y. ��,
a �
� \ � 1
; ,i:i �
. . _ � ��.��r� � ��
� ,�
..
. _ , �•
., ;
•+"^, x � r� a . ,_.
�i ����` ` -' � f .
�� ���•.�, • �
1+�... ' - � �� '
� } r t !
_. _ ,
.! � . . . 7 i • ' �t
� � j '
T
� � � � �� � . . . �
' s , . ., .� I I
� � , {
.� v�., ��,� � �
, �
_ , , �
.. � �F .
��� f �� ,• /%f " - ��� F .
' a —y � f _ ,r
Y
� ` � f � :"�'"S � iF �"i< x. ' i �'�,,6�4 +�" ,�,. � ,. �,.
�
": u
�� . �'r . . � . � .
�,� . . • �' f �`' ,�Y f � � �: "�.J '
.: xy^`, R',.�^ � : 'j.i . - � .t'� `w� �* � .
�� �y`"� ; �," Y ' j" , `''' �—�. �
... ,i,! � r�����lt�� �. `"'�`4 w ���� �i� .I. .� , .
� � i
., `���p k d + .:�1� � �'y� _
�� — .
' +�y,A '7} .. .t� �P �� • �
• iirn n • �7n ., `(f " ` a ,t; _� �,*
r'iU� i '� � ��, .
. ��YIIIW�- � � ���" � E °
� m� r
. . . � , .. �''!" - � s �' • • .. _. . _ .
ry.±
R�' r
1 : �.�t �� .:� �:�; �. �i .,t:- a^. " '�:
- '
� > „ � �:. � y.i � "� �` �x � R` ' 4 , .
. .
; k .:�vt , . ' ,
` �i
r � ��Y
, � f �;; '�� � '� � �j ��,
yj.: ,��`,s.� '� ►
� .� �� � , ., ,
�
, iT'�u"� w�.� �� a r i � .;.
J erh,e..'�sa F y�o- �t� kp:.±,+Ib a-�-- "` i:. ""- -y'
�.,� r
� .. _ . �} � � � � $ "�°� �' � 5 .. _ r � ' � . . �.'� '"'�' �' .
'� � � : -� :� �=�,�.� � �,,,�
, , . „ �, — -.r ,�, '� � ,r• . . ,�. �, .
r ,..`l�.�+,,�•_ �4�,,.. m _�Z �` '� l
'�,. �4_ f y s"' r t r' , ]fa. � s
� 'S . �IR ' � � x (� " ` ��. .�t�.w+e�o.rl � .S
�i,
• r�� ��tl����t , a���> �i + �; ��-r
.
._ -
,.. _. ,,._._ ..._, � �: . -
� .
. � . a . . , , ; e�,-�a
, . . �^ �:. . . .
.
.�w s�r. � , ,. ; �
�. . :.. .- , ". . , . ,s�:" . .. . • - -
, >
..n . ,w, . :�,.� �J � .�� e7sW �j��{ -�: � � : �x'. .�a� y�. .'�.
' r t.c1_ ' .. _ ._ . �r . •- • Y I i.
. . � � _ ��-°�-��'w`�..��--�t� T- a� �
� ` * —'.�. ��: ��, •� !
� �� � �
.�i� !,"y , � ;, eg� � .,..�,�
r � s � ?+ � ` � �� � ,,. ` �
}
� , '� t�-� aiFa 4"r5, as% �.� � � �'�_"
L'!�y '� . ` a„ �;: t
6: �:� k�� ,� . � ���:�,..�1 ,�y�l �"�"-! .-c�d � * �
.
, � s ' 1 r i . i�w -�' •
.,r.. ,. , � � . :: . . , . 0 „ ' � � � .`�:
l R
fi ., � ��`'�
. . . . ' : � � �st �. .. � � a ary- � .s 0 i � �`d,J��I.- .
( r'. � � �a
C � . ` r / � �� �s�.+� � ��m«vi �,y.a 1� tr. �_� S .:'� Ilf�n� ` � � � •
. . , j � � � :� t� �,f : " w.,�. � . � .
��[_�.�s�se_,�...�,n.,�%�i,'�J1,��+�i�"�"�.... � �"' . _.� . _,�. _� �`� �t. i
��� � � ..�.__
,.�,�'
;' ,
�'°-�...��
�;:� , � � "`�" � -�, ��
_ � �„ ri} , �.
.4
t� �i�sa�� x�+� : �� ^� �` � ����
k ` � y, �
p�� i �'A� I,�.�. ���
` �f�,:.r��^'���� .,:� y�1 t ���'�� ��
a --+ y
� � i k e« ' �l.
. s .r""��
�'. � �,��,
k: �� � � _ �` P �
� . t h�a `1� +D ,�j'., " Pi ���. ' . .�fr� �+. � .
t 4� � � ' +�`�- y �" ' *��t,�'..
�rr t-- ���,,�,. � � ;� lF �yn. � �1�� �1 . . ...nr„
� ��."c� a ' � �' j �s i-. � �-: _ . ��;'
��,,�� -�Ii r� ,��; � ,�� ''°' � �
-�_ � n.r r �f�* ,� ��' a,,�� —
� * ��,
'E•�' � i " '�..� �r�i
_�� � � .�. � d � , a �
r �i � ��f ' s 's'
• ' ai� �
�: � �� n".�. `'I. . �„ INIp * � � —�4
.
,�,,,�,,, �r�� :; �.,t.�
.. -
�-:,� � . ,ar �,
;:�'
__'l i �_,�a
.. .J N} �,p',�.$kli, }
!:� ... ^".;�':
�,
' ``ardd&vr � -� . .,.
. .. . . _ . . . - . - �� _ ;�srn�..
. � . ,,�.t y,:
� ������r. _
�
d 1� i���N�
o -r�t
�
�
� l,� OcS � s� ��
� (,� �,
x� ��;
i��}- r i
��� �� s�,��@a��.�
�.:F f�..,� G t' �,:e
AUG �� 3 i996
�:4, �:�� �1._;t�_,r�!c;r�n✓��
� - i�� ��. , ���,, � �� , _ �T
, 'ti
ROUTING FORM
DATE: _(�• / 2, • � �p
TO: � CITY ENGINEER
CHIEF BUILDING INSPECTOR
" FIRE MARSHAL
PARKS DIRECTOR
CITY ATTORNEY
FROM: CITY PLANNER/pLANNER
SUB7ECT: REQUEST FOR
AT
�
� � � �� ✓Lt L�Tr
/ �
� i / , � ,
r �
SCHEDULED PLAI�TNING COMMISSION �1.�T�6i'�MEETING:
REVIEWED BY STAFF MEETING ON MONDAY: . (p
THANKS,
Jane/Sheri/Leah
—���� �( �,_ Date of Comments
�� , G� �%�c� .�.c_e 1,,�-, � � 1.�:�( �.e_ �.e. �Q L�, �vv �.,1� � � :�
i2�6-�h (9-i.� S.�, vJ'wt/1'r Ct�(L G'� ,
�' �`�'` �'�"� �� �� -e�1 �'�- �� -�G.� s�_ ` 2
��.� �G'��
�j , f a�� � � � h,u. c..� � 'S t�...e,'`'`�y .,����
ll
J�o C��,���
� � c� r �1���6
�� ` I � ! / t� �J (/N �: ,
f Iv�s�'���� �
Rou�rnvG ro�
DATE: _(J • I Z, • � �
TO: CITY ENGINEER
CHIEF BUII.DING INSPECTOR
—s�� FIRE MARSHAL
PARKS DIltECTOR
CITY ATTORNEY
FROM: CITY PLANNERJPLANNER
��� ✓Lt
/ �
SUBJECT: REQUEST FOR
AT
� rJ�'n � a. r�
�
✓
SCHEDULED PLANIVING COMMISSION �$i'�MEETING:
REVIEWED BY STAFF MEETING ON MONDAY: . (p
THANKS,
Jane/Sheri/Leah
� ������
�� �s-- �',�
Date of Comments
� e =,.�. ii�.. , ,` F )asi�AT"'
�
r.
: ��
7`y �e'
r
�,, r �?.
��
�
� �5+:
: .�
�
��1
"j,�
t 1 +r;
'� $"
�� �� � �_
����
C F f s � �
$ �',( .
��
f
4 ��
t� -
.P� .. �is'".
� ��` i��„ �.
���
�
k ' • -F
� -trti
�i
:�;� � p, �
` � '�a ''�
�� ��� � �� .
�=����: �:�� �.'A' �
� 1 1 -�'� —` a.•a... r' _ �""" v �'� �}�i�
"�'`y AV � : t ► ,. �� .p �_ .
)ot�� �'���r=tC-'�—g '" ' � # T''�
�. � . � '
,,r�t - _ _ � .q �,
, '�� ,'°'� ` �.'��' "��� � , ''e �-��.���. 'r�
# � .� f
� �"�'�""� � .�`�'�'��.� � �
�`� : i� ���ry � ��
ti � � r � -----
�. ' ����; �y%�' i � ����°, ft 321 � l'r �. � ��
E �� t � � �;
- n� � �,��`t f ¢ � �� '��.._ �,,.;s 1 -�:
.� �� �;�'�, w"' .� �_� �i1� ���
, � -;�: 2y, ' 3Z(s ' r �.,.'
� � �_ ,� . � t-t �
`� � ��t' 'i�-� + � � � ;_L�3i �;
� ,�� � , �
.���� ��! �,� ,-� �� . � , $6:i < ,
� , _ _ _._ __ �� � ' � �"..`
Y'�� �� ;- - � �I'
� ' ,�- ,
.�
.,. .�. ���,�� ; �' . � � L �a.� �
����, �
��
. � � � �� � �.
t o -r: � f �r�L ;,c;, . �` •t , _ - � f
' ' . .p �eD � , ,.�_l o0
� ae.����� -,a,�:, —. �� °:� ��. � ���� � �
� m-� �� � _ � Nt1� �>
�, .� ,� A�� .�
_ ...�, _ `-. ,Ai�' � '�� �.� -�-� kt�� � -:.�..��-�
�
�� � � ��,..- ��VRLI�IC� � � � �` ���
A � . � ., - � "� � fi 11� � rt,--
�� - '.,R' �� .. ��� �r� ���
�� �,'+°r,'�� i. € - ��� .
��� ,��,"� _. � 1 ' �.; �a
� �:�. ' � I � � �fi
� • -
4.
� g�'�. ��'1� � _.. _ .,�.__,� ;� " c.�";
!"c �> � E. . � . ,
� 4� � �`^ _ .._ A ,� �,�F � � -� '�.��:
�-� �� .' , � -
�. # �
�� �
_;'�. �'� �� .
,, , 1 ��,�. � �,` ' ,
� ,_ �� .
�� f �..� �;� `�
�'�'� ;_�. f t �-..
�� ��t� y, '„� �; �
�� � '� �'� . e � ,.
��� �.� ��'e.
� '~��,�- � � `.� \
��` :�-��� , "� �� �a_ t;,
�
3,s � F �
2� ��� � � �'
�,� � . 'x :�
��-fi . �:. �;�� ;
� ` � �1�
� � ;��. �
���� ` �`§ °�
� .� -. �r� "� '�
� ��..
�.� _ . . ` � . _ . _ -. �
xs:. - � , '�" �' ! 5 �
"'�r „{_ � f.� � �F �:� �, „� �L J"�' l . arr '.` ,, . �� ..
��'� r�*�� . °�'"", ����,� z � � s� °�. '
`s �,"o o �' �r � � v2V3�'�i"�° t'�fi,n, ; . .c . �
A h�,. N`, �:-..
.. ,r� r �q � § s �' t'�`�� �"'�;� ��: '�^x �,� r,� ,..a.,, . . � �� _„ - � �.' � j hr s'��,;-...�i^
�
� 1X. ry
� A' �,
'�� `'���''- '� �''
r r�r r r�..+' w.W .
v` *� � i
� ` '9SaE. �''�" . r # +s�„.=
�:'' 4 ' �'1 `
5 .� � e" � y� ' 4� �.� � . `�`.�,"s
� � F� � �r'' . ���� .•. dun. .:' .. _ ..���'
� ��� N � �
r '� �.:/. .e+
��. � t + F�2tf� .- � ' 1�)' , �I �
i� �, � �
�� 4 � y }� � . `� 1
� d "� � � �
ly�. _,„._.. ��ti�.�+K T �=i�.� ..._ .-n^^ F ���@
� . S
�. �
�� m 1 �,,��i' � �,, � � � � �M ..
�
� A` � v `,-,�.�g'r^�Tp ',B�;r
, r " �� zr-`� �C,t
w.r`' ,�' � '� "k'r
�� , � � _ _� �1» �� � '� ° �'
, � ;
. � " `�'�` ''
� �'�:. ,f s"`:� e�'I ' ' ., ,_ �' y,K "*�' .
-�
� �.f
��
M '�
� '.
�
'� e ; ' �; .
� °�M �,T, �„
} -�
� �
r y-
',�' -� ` i 1
�� '� e�.
r,� ^ �, �
�� {' �° � `ry
ia' � '��"'��r'� � .. . _ � "
CITY OF BURLINGAME
501 PRIl��tOSE ROAD
BURLINGAME, CA 94010
(415� 696-7250
NOTICE OF HEARING
The CITY OF BURLINGAME PLANNING COlVIlVIISSION announces the following
public hearing on Mondav, the 23rd da�ptember, 1996 at 7:30 P.M. in the City Hall
Council Chambers located at 501 Primrose Road, Burlingame, California. A copy of the
application and plans may be reviewed prior to the meeting at the Planning Department at 501
Primrose Road, Burlingame, California.
1118 BURLINGAME AVENUE APN: 029-153-150
APPLICATION FOR A SPECIAL PERNIIT FOR TAKE-OUT
SERVICE AT 1118 BURLINGAME AVENUE, ZONED C-1,
SUBAREA A.
If you challenge the subject application(s) in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in the notice or in written
conespondence delivered to the City at or prior to the public hearing.
The property owner who receives this notice is responsible for informiug their tenants about
this notice. Please post this notice in a public place on your property. Thank you.
MARGARET MONROE
CITY PLANNER
September 13, 1996
RESOLUTION APPROVING CATEGORICAL EXEMPTION,
SPECIAL PERMIT FOR TAK�OUT
RESOLVED, by the Planning Commission of the City of Burlingame that:
WHEREAS, a categorical exemption has been proposed and application has been made for s ecial
ermit for take-out food at _ 1118 Burlingame Avenue zoned C-1, Subarea. A APN• 029 153 150;
Lorenz and Louisa Kao 1110 Burlm�ame Avenue, suite 400 nroperty owner
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
_September 23, 1996 , 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. Section: 15301 - Existing Facilities, Section: 15301 - Existing Facilities, Class 1(a),
Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical
conveyances is hereby approved.
2. Said special permit is approved, subject to the conditions set forth in Exhibit "A" attached
hereto. Findings for such special 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, Charles Mink , 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 23rd day of _September , 1996 , by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
SECRETARY
, .�
EXHIBIT "A"
Conditions of approval categorical exemption and special permit for take-out
lll8 BURLINGAME AVENUE
effective OCTOBER 7, 1996
1. that the project shall be built as shown on the plans submitted to the Planning Department
and date stamped August 12, 1996, Sheet AS Floor Plan;
2. that the conditions of the City Engineers' August 19, 1996 memo shall be met;
3. that the business may be open (seven days a week) Monday through Sunday 8:00 A.M. to
8:00 p. m. with a maximum of five employees on site at any one time, including the
proprietor;
4. that no alcoholic beverages shall be sold from the nutrition store and the take-out business
shall include items similar to blended fruit drinks, and smoothies; ,
5. that the applicant shall purchase and maintain at least daily, more often if necessary, a trash
receptacle inside the door to the store and on the sidewalk along Burlingame Avenue at a
location approved by the City Engineer and Fire Department;
6. that the nutrition store operator shall purchase and install on the street, the trash receptacle
selecterl by the Burlingame Avenue Streetscape Study and this container shall be installed
no later than November 1, 1996;
7. that the applicant shall remove once a day or more frequently, if determined to be necessary
by the City, all take-out debris on the sidewalk, in the gutter, and in planters, in front of
the store along Burlingame Avenue, and within 50' of the store in each direction; and
8. that the project shall meet all the requirements of the municipal code and of the 1995 edition
California Building and Fire Codes as amended by the City of Burlingame.
, �
RESOLUTION NO.
RESOLUTION APPROVING CATEGORICAL EXEMPTION,
SPECIAL P�RMIT FOR TAKE-OUT
RESOLVED by the CITY COUNCIL of the City of Burlingame that:
WHEREAS, a categorical exemption has been proposed and application has been made for
special permit for take-out food at 1118 Burlin�ame Avenue zoned C-1, Subarea A, APN• 029
153-150; Lorenz and Louisa Kao. 1110 BurlinQame Avenue suite 400 �roperty owner•
WHEREAS, the Planning Commission held a public hearing on said application on September
23rd , 1996 , at which time said application was denied;
WHEREAS, this matter was appealed to City Council and a hearing thereon held on October
21. 1996 , 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 hereby RESOLVED and DETERMINED by this Council that:
1. On the basis of the Initial Study and the documents submitted and reviewed, and comments
received and addressed by this council, 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. Section: 15301 - Existing Facilities, Section: 15301 - Existing Facilities, Class 1(a),
Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical
conveyances is hereby approved.
2. Said special permit is approved, subject to the conditions set forth in Exhibit "A" attached
hereto. Findings for such special permit are as set forth in the minutes and recording of said meeting.
3. It is further directed that a certiiied copy of this resolution be recorded in the official records
of the County of San Mateo.
MAYOR
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the
foregoing resolution was introduced at a regular meeting of the City Council held on the 21st day
of October , 1996 , and adopted thereafter by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
,w .
EXHIBIT "A"
Conditions of approval categorical exemption and special permit for take-out
lll8 I3URLINGAME AVENUE
effective OCTOBER 21, 1996
l, that the project shall be built as shown on the plans submitted to the Planning Department and
date stamped August 12, 1996, Sheet AS Floor Plan and shall contain no seating inside the
store;
2. that the conditions of the City Engineers' August 19, 1996 memo shall be met;
3. that the business may be open (seven days a week) Monday through Sunday 8:00 A.M. to 8:00
p.m, with a ma�cimum of five employees on site at any one time, including the proprietor;
4. that no alcoholic beverages shall be sold from the nutrition store and the take-out business shall
include items similar to blended fruit drinks, and smoothies;
5. that the applicant shall purchase and maintain at least daily, more often if necessary, a trash
receptacle inside the door to the store and on the sidewalk along Burlingame Avenue at a location
approved by the City Engineer and Fire Department;
6. that the nutrition store operator shall purchase and install on the street, the trash receptacle
selected by the Burlingame Avenue Streetscape Study and this container shall be installed no later
than November 1, 1996;
7. that the applicant shall remove once a day or more frequently, if determined to be necessary by
the City, all take-out debris on the sidewalk, in the gutter, and in planters, in front of the store
along Burlingame Avenue, and within 50' of the store in each direction; and
8. that the project shall meet all the requirements of the municipal code and of the 1995 edition
California Building and Fire Codes as amended by the City of Burlingame.
-�.
c a �1
�����' CITY OF BURLINGAME _
PLANNING DEPARTMENT _
+ ;;��,�.=-,:_i Sii1 rtii.-iHGSi- RUAD
�. �,� ". � C,4 9�1C1 C
`;`�:,�� �.;'/ I E-1 . , � . ,';! ti��i-7`�50
111$ �URLIN�f1ME AVENUE APN:029-153-15U _
�I
An appeal to a Planning Commission denial of a
3peaial Permit applioa#ion for take-out service at 1118
Burlingamc Ava�uc, zoncd C-1, Subarea A. .
PUBLIC HEARING
NOTICE
The City of Hurlingamo City Counvil �unoes the
following publia heariag on �. OotAber 21. 1996 AJA IIWESTMEN'TS L P
at 7:00 P.M. in tha City Hall Couuo�7 Chambera loaated 5 Terrier Pl
at SO1 Primrose Road, Burlingame, Calii'ornia. Hillsborough Ca 94014
x�i.aoao�r ia �v9s
(Please refer to other side)
CITY OF B URLINGAME
A copy of the applicatian and plans for this project may be reviewed prior
to the meeting at the Planning I3epartment at' S01 Primrose Road,
Burlingame, California.
If you challenge the subject application(s)'in'court, you may be limited to
raising only those issues you or someone else raised at the,public hearing,
described in the notice or in written conespondence delivered to the city
at or prior to the`public'hearing.
Property owners who receive'
tenants about this notice. F
696-7250. That�c you: �:
Margaret Monroe � � �
City Planner
PUBLtC 1
(Please refer to other side)
� notice are responsible for>informing their
additional information; ; please call (415)
:ARttV� N�TlC�
�
w O . �
/'
�a� CITY O�
�►�n�AME
S�w� �e6��0
STAFF REPORT
TO: HONORABLE MAYOR AND CITY COUNCIL
DATE: OCTOBER 16, 1996
AGENDA
i�M x Sb
MTG.
Dn� 10.21.96
SUBMITTED � � �
BY
APPROVED
FROM: CITY PLANNER gy
susJECT: APPEAL OF PLANNING CONIlVIISSION DEIVIAL OF A CONDITIONAL USE
PERNIIT FOR A TAK�OUT SERVICE FOOD BUSINESS AT 1118 BURLINGAME
AVENUE, ZONED Gl, SUBAREA A, BURLINGAME AVENUE COMI��RCIAL
AREA.
RECOMI��NDATION:
The City Council should hold a public hearing and take action. Affirmative action should be by resolution
and include findings. The reasons for any action should be clearly stated for the record. (Action Alternatives
and requirements for findings area included at the end of the staff report.)
Planning Commission Action
At their meeting on September 23, 1996 the Planning Commission held a public heasing and voted 6-1 (C.
Galligan dissenting) to deny this application. In their action the Commissioners noted that the store front is
dominated by the smoothie sign, sale of vitamins seems a secondary activity; smoothie sales would generate
200 to 250 people a day, this seems too much activity for this particular block of Burlingame Avenue with no
parking and currently a litter and loitering problem; no problem with retail vitamin sales, but the real focus is
smoothie sales; this is a fast food outlet as demonstrated by the large food preparation area; want to maintain
the retail mix, don't think take-out was meant to be a semi-restaurant use, not see how this is different from a
bagel shop; this is a restaurant with vitamin sales as a profit center, people will come iirst for the drink not
the vitamins; deliveries should occur before 10 a. m. in this area; litter is spreading beyond Burlingame
Avenue to the railroad station and park because of the attraction of young people to the area.
Conditions considered by the Planning Commission:
1. that the project shall be built as shown on the plans submitted to the Planning Department
and date stamped August 12, 1996, Sheet AS Floor Plan and shall contain no seating inside
the store;
2. that the conditions of the City Engineers' August 19, 1996 memo shall be met;
3. that the business may be open (seven days a week) Monday through Sunday 8:00 A.M. to
8:00 p. m. with a maximum of iive employees on site at any one time, including the
proprietor;
10.21.96
APPEAL OF PLANNING CO1�Il�IISSION DEIVIAL OF A CONDITIONAL USE PERNIIT FOR A
TAKE-OUT SERVICE FOOD BUSINESS AT 1118 BURLINGAME AVENUE, ZONED C-1,
SUBAREA A, BURLINGAME AVENUE COMI��RCIAL AREA.
page -2-
4. that no alcoholic beverages shall be sold from the nutrition store and the take-out business
shall be limited to items similar to blended fruit drinks, and smoothies;
5. that the applicant shall purchase and maintain at least daily, more often if necessary, a
trash receptacle inside the door to the store and on the sidewalk along Burlingame Avenue
at a location approved by the City Engineer and Fire Department;
6. that the nutrition store operator shall purchase and install on the street, the trash receptacle
selected by the Burlingame Avenue Streetscape Study and this container shall be installed
no later than November 1, 1996;
7. that the applicant shall remove once a day or more frequently, if determined to be
necessary by the City, all take-out debris on the sidewalk, in the gutter, and in planters, in
front of the store along Burlingame Avenue, and within 50' of the store in each direction;
and
8. that the project sha11 meet all the requirements of the municipal code and of the 1995
edition California Building and Fire Codes as amended by the City of Burlingame.
BACKGROUND:
The applicant, representing Smoothie King, is proposing to lease a 1,378 GSF retail area at 1118 Burlingame
Avenue in Subarea A, in order to open a retail nutrition store that sells fruit drinks for take-out. The store
will have 506 SF of sales area, 605 SF of preparation and kitchen area for the drinks, 133 SF for office area
and 134 SF for storage. There will be no customer tables or chairs inside the retail area. Take-out service
businesses require a conditional use permit in Subarea A of the Burlingame Avenue Commercial Area (C.S.
25.36.032 lh). Take-out service is defined as food that is pre-prepared or rapidly prepared for consumption
off the premises. (C.S. 25.08.645).
The proposed Smoothie King store will be open 7 days a week 8:00 a.m. to 8:00 p.m. They will have one
full time employee and 3-5 part time employees with no increase in,number five years. They expect 200
customers a day with an increase to 250 in five years. The maximum number of employees and customers
on site at one time is expected to be 20-25.
This business would take over the retail space now occupied by the Record Exchange. The building that the
space is located in, 1108-1110 Burlingame Avenue, is cunently being seismically retrofitted as well as
undergoing construction for tenant improvements for Rosti's restaurant. The other tenants on the site are a
perfume and cosmetics store, intimate apparel store, art store, and professional offces above the first floor.
A pazking variance was recently granted to the building for about 3000 GSF of office on the second floor of
the new structure which was part of the seismic retrofit. A permit was also granted to expand the e�sting
food establishment in this complex which was originally in the basement and was moved to the first floor and
extended into the patio area at the rear of the site. This is the area which will be occupied by Rosti's.
. s
10.21.96
APPEAL OF PLANNING CONIMISSION DENIAL OF A CONDITIONAL USE PERMIT FOR A
TAKE-OUT SERVICE FOOD BUSINESS AT 1118 BURI,INGAME AVENUE, ZONED G1,
SUBAREA A, BURLINGAME AVENUE COMIVIERCIAL AREA.
page -3-
The Planning Commission Staff Report (attached) notes that since 1992 there have been take-out permits
granted to 10 nearby businesses. One, a smoothie take-out at 247 Lorton Avenue was denied. Of these
permits issues, #4 are take-out only food service businesses, the remaining are food establishments which also
have take-out sales. The four take-out only businesses are: Noah's Bagels (1152 Burlingame Avenue, April
1994), Cheese Please (299 California, March 2, 1993), Balloons and Bears (1236 Burlingame Avenue,
September 1994), and California Candy Company (247 Lorton Avenue, July 1996).
/M
1118BGA&.219
ATTACHMENTS:
Action Alternatives and Special Permit Findings
Ivan Zweig letter to City Clerk, September 26, 1996, requesting an appeal.
Monroe letter to Ivan .Zwieg, October 10, 1996, setting appeal
City Council Minutes, October 7, 1996, setting appeal
Planning Commission Minutes, September 23, 1996
Planning Commission Staff Report, September 23, 1996, with attachments.
Notice of Public Appeal Hearing, October 16, 1996
Resolution