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CITY OF BURLINGAME
CONDITIONAL USE PERMIT
Address: 1123 Burlingame Avenue
ITEM #14
Meeting Date: 2/ 14/00
Request: Conditional use permit for an existing food establishment in the Burlingame Aven�e
commercial area at 1123 Burlingame Avenue, zoned C-1, Subarea A, Burlingame Avenue
Commercial Area (C.S. 25.36.040, �.
Name of Food Establishment: Nelson's Coffee Shop APle1: 029-211-260
Property Owner: Fisher Sandra Trust
Lot Dimensions and Area: 4,025 SF Zoning: C-1, Subarea A
General Plan: Commercial, 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
previausly existing.
Ordinance: In October 1999, the City Council adopted Ordinance 1619 which makes all food
establishments in the Burlingame Avenue commercial area, Subarea A, and the Broadway commercial
area conditional uses. The City Council also adopted Resolution 111-1999, which includes a Food
Establishment by Type Table establishing the location, type and seating area for each food establishment
in each commercial area. The ordinance requires that these establishments obtain conditional use
permits to reflect the requirements of the new ordinance.
In order to facilitate, for merchants and property owners, the transition to the new requirements and to
provide them with an opportunity to clarify their 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 as required by Ordinance 1619. The
applicant is also requesting the following:
1. Increase in the hours of operation from 9:00 a.m. to 3:00 p.m. on Monday and 9:00 a.m. to 9:00
p.m. Tuesday through Sunday, to 9:00 a.m. to 9 p.m., seven days a week.
The Food Establishment Table by Type defined the food establishment located at 1123 Burlingame
Avenue as follows:
• Business Name: Nelson's Coffee Shop
• Business Address: 1123 Burlingame Avenue
• Category: Full Service Food Establishment
• Seating Area: 492 SF
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The current food establishment located at 1123 Burlingame Avenue, Nelson's Coffee Shop, is classified
as Full Service with 492 SF of on-site seating. In the July 1998 survey for Nelson's Coffee Shop, it
was noted that at this premise food is ordered and paid for after consumption and that food is served on
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1123 BurlingameAvenue
ceramic plates with metal flatware. The applicant is now requesting an increase in the hours of
operation. Prior to this application, the business was open from 9:00 a.m. to 3:00 p.m. on Monday and
9:00 a.m. to 9:00 p.m. Tuesday through Sunday. The applicant is requesting that the hours of operation
be increased to 9:00 a.m. to 9:00 p.m., seven days a week, with a maximum of 3 employees on site at
any one time. The change in hours of operation is reflected in the conditions of approval. During the
public hearings on the ordinance and implementing tables, the information on the survey gathered by
Planning staff was not disputed by the merchant or property owner.
PROPOSED EXISTII�IG ALLOWED/REO'D
Use: Full Service Full Service *food establishment
(Nelson's Goffee Shop) (Nelson's Coffee Shop) requires a conditional
use permit
Seating Area: 492 SF
492 SF
492 SF
* Conditional use permit required for food establishment in the Burlingame Avenue commercial area,
Subarea A.
Meets all other zoning requirements.
Staff Comments: The City Engineer, Chief Building Official and Fire Marshal reviewed the ordinance
and classifications and had no comments. Changes to existing tenant improvements will require
additional city review.
Criteria for a Conditional Use Permit: In order to grant a Conditional Use Permit the Planning
Commission must 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 Buriingame general
plan and the purposes of this title;
(c) the Planning Commission may impose such reasonable conditions or restrictions as it deems
necessary ta 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 faad
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 cr�teria; the business will operate within
the limits established by that ordinance; the use will not be detrimental to the city's objective af
promoting pedestrian oriented retail activity in this commercial area and therefor will be in compliance
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1123 �urlingcameAvenue
with the general plan for the area; and since the business shall be required to comply with all the city
regulations including providing trash receptacles and litter maintenance in the surrounding area, signage,
meeting building code requirements, and adhering to County health requirements, the operation will be
compatible with public's health and safety as well as with the character of the commercial area.
Planning Coinmission 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 far the record.
At the public hearing the following conditions should be considered:
1. that this business location presently occupied by a full service food establishment, with 492 SF of
on-site seating may change its food establishment classification only to a limited food service or
bar upon approval of a conditional use permit for the establishment change; the criteria for the new
classification shall be met in order for a change to be approved;
2. that the 492 SF area of on-site seating of the full service food establishment shall be enlarged or
extended to any other areas within the tenant space only by an amendment to this conditional use
permit;
3. that this food establishment shall provide trash receptacles as approved by the city consistent with
the streetscape improvements and maintain all trash receptacles at the entrances to the building and
at any additional locations approved by the City Engineer and Fire Department;
4. that the applicant shall provide daily litter control along all frontages of the business and within
fifty (50) feet of all frontages of the business;
5. that an amendment to this conditional use permit shall be required for delivery of prepared food
from this premise;
6. that there shall be no food sales allowed at this location from a window or from any opening within
10' of the property line;
7. that if this site is changed from any food establishment use to any retail or other use, a foo�
establishment shall not be replaced on this site and this conditional use permit shall become void;
8. that this full service food establishment may be open from 9:00 a.m. to 9:00 p.rn., seven days a
week, with a maximum of 3 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 �urlingame.
Ruben G. Hurin
Planner
c: Nelson's Coffee Shop, applicant
Fisher Sandra Trust, property owner
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