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Home My WebLink About1121 Burlingame Avenue - Staff Report4 ITEM #12b CITY OF BURLINGAME CON��70NAL USE PERMIT '�, Address: 1121 Burlingame Avenue �`. Meeting Date: 2/ 14/00 Request: Conditional use permit for an existing food establishment in the Burlingame Avenue commercial area at 1121 Burlingame Avenue, zoned C-1, Subarea �1, Burlingame Avenue Commercial Area (C.S. 25.36.040, �. Name of Food Establishment: Sweet Treats APN: 029-211-260 Property Owner: Fisher Sandra Trust Lot Dimensions and Area: 15,400 SF Zoning: C-1, Subarea A General Plan: Cornmercial, Service and Special Sales Adjacent Development: Retail/Service Commercial and Food Establishments 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, Subaxea 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 far each food establishment in each commercial ar�a. The ordinance requires that these establishments obtain conditional use permits to reflect the requirements of the new ordinance. In order to facilitate, for merchants and property owners, the transition to the new requirements and to provide them with an opportunity to clarify their establishment's operation, the City has initiated the conditional use permit application at no cost to the owner or merchant. Summary: This application is for a conditional use permit for an existing food establishment as required by Ordinance 1619. The Food Establishment Table by Type defined the food establishment located at 1121 Burlingame Avenue as follows: • Business Name: • Business Address • Category: • Seating Area: Sweet Treats 1121 Burlingame Avenue Limited Food Service Establishment 180 SF The current food establishment located at 1121 Burlingame Avenue, Sweet Treats, is classified as Limited Food Service with 180 SF of on-site seating. In the July 1998 survey for Sweet Treats, it was noted that at this premise food is ordered and paid for before consumption and that food is served in plastic containers with plastic flatware. The hours of operation for the business were 11:00 a.m. to . r 0 Condational Use Permit 1121 BurlingameAvenue 11:00 p.m. Monday through Sunday, with a maximum of 5 employees on site at any one time. During the public hearings on the ordinance and implementing tables, the imformation on the survey gathered by Planning staff was not disputed by the merchant or property owner. PROPOSED EXISTING ALLOWED/REO'D Use: Limited Food Service Limited Food Service *food establishment (Sweet Treats) (Sweet Treats) requires a conditional use permit Seating Area: 180 SF 180 SF up to 250 SF with a conditional use permit amendment * Conditional use permit required for food establishment in the Burlingame Avenue commercial area, Subarea A. Meets all other zoning requirements. Staff Comments: The Ciry Engineer, Chief Building Official and Fire Marshal reviewed the ordinance and classifications and had no comments. Changes to tenant improvements will require additional city review. Criteria for a Conditional Use Permit: In order to grant a Conditional Use Permit the Planning Commission must find that the following conditions exist on the property (Code Section 25.52.020 a-c): (a) the proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; � (b) the proposed use will be located and conducted in a manner in accord with the Burlingame general plan and the purposes of this title; (c) the Planning Commission may impose such reasonable conditions or restrictions as it deems necessary to secure the purposes of this title and to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general vicinity. Findings for This Conditional Use Permit; Since the current regulations limit the number of food establishments to those in Subarea A as of November 1999 as approved by City Council Resolution No. 111-1999 on October 18, 1999, and this business meets those criteria; the business will operate within the limits established by that ordinance; the use will not be detrimental to the city's objective of promoting pedestrian oriented retail activity in this commercial area 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 e� Conditional Ilse Permit 1121 BurlingameAvenue 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. 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: that this business location presently occupied by a limited food service establishment, with 180 SF of on-site seating, may change its food establishment classification only to a full service restaurant or bar with approval of a conditional use permit for the establishment; 2. that the 180 SF area of on-site seating of the limited food service establishment shall be enlarged only by an amendment to this conditional use permit; 3. that an amendment to this conditional use permit shall be required for delivery of prepared food from this premise; 4. that there shall be no food sales allowed at this location from a window ar from any opening within 10' of the property line; that if this site is changed from any food establishment use to any retail or other use, a food establishment shall not be replaced on this site and this conditional use permit shall become void; 6. that the applicant shall provide daily litter control along all frontages of the business and within fifty (50) feet of all frontages (front and rear) of the business; 7. that this food establishment shall provide trash receptacles as approved by the city consistent with the streetscape improvements and maintain all trash receptacles at the entrances to the building and at any additional locations approved by the City Engineer and Fire Department; 8. that this food establishment may be open 11:00 a.m. to 11:00 p.m. Monday through Sunday, with a maximum of 5 employees on site at any one time; and 9. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes, 1998 Edition, and as amended by the City of Burlingame. Ruben G. Hurin Planner c: Sweet Treats, applicant Fisher Sandra Trust, property owner 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 conditionai use.�ermit for an existin��food establishment classified as a Limited Food Service Establishment at 1121 Burlin�ame Avenue zoned G1 Subarea A Burlingame Avenue Commercial Area., AI'N: 029-21I-260: Sandra Fisher Trust P O Box 598, Ketchum II� 83340. bropertv awner; WI �REAS, said matters were heard by the Planning Commission of the City of Burlingame on Februai��l4, 2000, at which time it reviewed and considered the stafireport and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that: 1. On the basis of the Initial Study and the documents submitted and reviewed, and comments received and addressed by this commission, it is hereby found that there is no substantial evidence that the project set forth above will have a significant effect on the environment, and Categorical Exemption, per Article 19. 15301 - Existing Facilities, Class 1, operation of existing private structures involving negligible or no expansion of use beyond that previously existing is hereby approved. 2. Said conditional use permit 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. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. .r1.►� �l I, Ann Kei .,�hran , Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 14th day of Februarv, 2000 , by the following vote: AYES: CONIMISSIONERS: NOES: COIVIlVLISSIONERS: ABSENT: COMMISSIONERS: SECRETARY EXHIBIT "A" Conditions of approval for categorical exemption and canditional use permit. 1121 BURLINGAME AvENUE effective February 23, 2000 1. that this business location presently occupied by a limited food service establishment, with 180 SF of on-site seating, may change its food establishment classification only to a full service restaurant or bar with approval of a conditional use permit for the establishment; 2. that the 1 SO SF area of on-site seating of the limited food service establishment shall be enlarged only by an amendment to this conditional use permit; 3. that an amendment to this conditional use permit shall be required for delivery of prepared food from this premise; 4. that there shall be no food sales allowed at this location from a window or from any opening within 10' of the property line; 5. that if this site is changed from any food establishment use to any retail or other use, a food establishment shall not be replaced on this site and this conditional use permit shall become void; 6. that the applicant shall provide daily litter control along all frontages of the business and within fifty (50) feet of all frontages (front and rear) of the business; 7. that this food establishmeni shall provide trash receptacles as approved by the city consistent with the streetscape improvements and maintain all trash receptacles at the entrances to the building and at any additional locations approved by the City Engineer and Fire Department; 8, that this food establishment rnay be open 11:00 a.m. to 11:00 p.m. Monday through Sunday, with a maximum of 5 employees on site at any one tune; and 9. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes, 1998 Edition, and as amended by the City of Burlingame.