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Home My WebLink About1150 Burlingame Avenue - Staff Report� BURLINGAME STAFF REPORT � To: HONORABLE MAYOR AND CITY COUNCIL DATE: MazCh 12, 1996 FROM: CITY PLANNER AGENDA ITEM # MTG. 3.18.96 DATE -- �:• . � I�.�.: J+�.� APPROVED SY sus.iECT: APPEAL OF PLANNING CONIlVIISSION'S DENIAL OF A SPECIAL PERMIT FOR TAKE OUT FOOD AT 1150 BURLINGAME, ZONED C-1 SUBAREA A BURLINGAME AVENUE COMIlVIERCIAL AREA. RECOMMENDATION: City Coun.cil hold a public hearing and take action. Affirmative action should be taken by resolution and should include findings. The reasons for any action should be clearly stated for the record. (Action alternatives and the criteria for findings for a conditional/special use permit are included at the end of the staff report. ) Conditions considered by the Planning Commission: l. that the tenant improvements shall be installed as shown on the plans submitted to the Planning Department and dated January 22, 1996 Floor Plan and that there shall never be any tables or customer seating on this site and that this action does not allow this site to be designated as a food establishment; 2. that the conditions of the Senior Building Official, Associate Engineer and Fire Marshal's memos dated January 29, 1996 shall be met; 3. that no more than three employees shall be on site at any one time and the days and hours of operation shall be Monday through Thursday 8: 30 a. m. to 7:00 p. m. , Friday and Saturday 8: 30 a. m. to 9:00 p.m. and Sunday 8:30 a.m. to 6:00 p.m. 4. that the store owner shall provide and maintain trash receptacles of the ,type approved by the Burlingame Avenue streetscape designate the door, or at locations approved by the City Engineer and Fire Marshal and shall police the street within 50'-0" in each direction of the store front and sidewalk for trash periodically during the day and that the applicant shall arrange for additional BFI pick-up service including Sundays if necessary as determined by the City Engineer; 5. that any changes or additions to the snack foods sold at this site will require an amendment to this special permit; and 6. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame. 3.18.96 APPEAL OF PLAI�TNING COMMISSION'S DENIAL OF A SPECIAL PERMIT FOR TAKE OUT FOOD AT 1150 BURLINGAME, ZONED G1 SUBAREA A BURLINGAME AVENUE COMMERCIAL AREA. page -2- Planning Commi�.cion Action At their meeting on February 26, 1996, the Planning Commission held a public hearing and voted 7-0 to deny this request for a take out permit to sell hot dogs and fresh fruit juices to go at 1150 Burlingame Avenue, Subarea A. In their discussion the commissioners noted that tables and chairs on the street should not be allowed at this location; others thought that the patrons of this business would use the tables and chairs outside of Noah's and Starbuck's next door; this use is only a small step from a restaurant/food establishment; the use would cause more foot trafiic, impact parking; will cause people to walk with food and deposit trash elsewhere or congregate outside the shop to eat on the sidewalk; it would be detrimental to the neighborhood. BACKGROUND: Clive Marder, the applicant, is requesting a conditional use permit for take out in order to add hot dogs and fresh fruit drinks to the items sold in his shop CJ's Burlingame Avenue Kiosk at 1150 Burlingame Avenue. The existing store sells prepackaged convenience good, such as candy, sodas, chips, newspapers, cigarettes and sundries. The applicant wishes to add steamed hot dogs and sausages and fresh juices by the glass. He is not proposing to provide any seating inside or on the sidewalk in front. The business is open seven days a week; Monday through Thursday 8:30 a. m. to 7:00 p. m. , Friday and Saturday 8:30 a. m. to 9:00 p. m. and Sunday 8:30 a. m. to 6:00 p. m. He has two full time employees and one part-time employee on site at any one time. He presently serves about 150 customers each day before 5:00 p. m. and another 50 after 5. He expects that this number will expand to 225 and 75 respectively in 2 to 5 years with hot dog and fruit drink sales included. There are two other tenants in the building, Starbuck's Coffee and Noah's Bagels. Both of these businesses have take out permits. Starbucks is a food establishment with inside seating, as well as seating on the sidewalk. Noah's Bagels has only limited outdoor seating and is not a food establishment. There are two other food establishments on the block. One is Cafe Marimba on the corner. The other is in the Avenue Arcade building which is currently undergoing seismic retrofit. The retrofitted building will include a 5,000 SF food establishment with patio seating in the rear. Following his appeal the applicants attorney, Daniel Conrad, wrote a letter (March 8, 1996) setting out specific issues about the Planning Commission's action which concerned the applicant. These include that CJ's Kiosk already sells prepackaged items as well as juices in bottles. Their request is simply to offer their customers more variety. Adding hot dogs and fresh fruit juice will not change the nature of their present customers. The customers would not be sitting down nor would they be buying things much different than they are now. 3.18.96 APPEAL OF PLANNING COMMISSION'S DENIAL OF A SPECIAL PERMIT FOR TAKE OUT FOOD AT 1150 BURLINGAME, ZONED G1 SUBAREA A BURLINGAME AVENUE COMMERCIAL AREA. page -3- The letter goes on to note that Starbucks and Noah's already attract foot traffic. Their business is much smaller and will attract fewer people and less parking. Customers already wallc away with wrapped food which they eat off the premise and need to dispose of wrappers. They have voluntarily cleaned the sidewalk in front of their business. They should not be punished because their neighbors are not as concerned. The parking problems are caused by the new large corporate firms like Pottery Barn. Other food establishments have been allowed to expand and have been granted take out permits. ATTACHMENTS : Monroe letter to Clive Marder, March 5, 1996, setting appeal hearing. Clive Marder letter March 1, 1996, requesting appeal Planning Commission Minutes, February 26, 1996 Daniel Conrad letter to Margaret Monroe, March 8, 1996. Planning Commission Staff Report, February 26, 1996, with attachments Notice of Appeal Hearing, March 8, 1996 Resolution /M iiso��.a� CTTY OF BURLINGAME PLANNING COMMISSION MINUTES February 26, 1996 Chm. Jacobs opened the public hearing. Gloria King, 1325 Vancouver Avenue and Alan Olan, 1228 Paloma Avenue, addressed the commission. Ms. King's parents have owned the property for 50 years. They do not want to change the footprint of the house and will put the stairs at the rear so the front will stay the same. It was noted that the second story is set back to meet side setback requirements, it is the existing first floor which requires an exception because the size of the addition qualifies this project as new construction. There were no other comments and the public hearing was closed. Commission discussion: the proposed addition iits within cunent code requirements; addition will not affect concerned neighbor since driveway is between him and addition and the first floor setbacks at the house will not change; on the otherside the house is new. The existing first floor setback for this house was in place when it was build and the side setbacks of the existing house have not changed; setting back the first floor would make the first floor bedrooms too small for comfortable use; this proposal seems to have the least impact on the neighbors. C. Galligan noted this application encourages intelligent construction, will be of benefit to the neighborhood and gives due consideration to the preexisting nature of the structure, he moved approval, by resolution, with the following conditions; 1) that the project shall be built as shown on the plans submitted to the Planning Department and date stampetl January 25, 1996, Sheets 1, 2, 3, 4, 5, and 6; and 2) that the project shall meet all Uniform Building and Uniform Fire Code requirements as amended by the city. The motion was seconded by C. Ellis, noting the additional parking, and was approved on a 6-1 (C. Deal abstaining) roll call vote. Appeal procedures were advised. 4. APPLICATION FOR A SPECIAL PERMIT FOR TAKE-OUT� FOR THE SALE OF HOT DOGS AND FRESH 7UICES AT 1150 BURLINGAME AVENUE, ZONED C1 SUBAREA A, (GURDIAL JOHAL, PROPERTY OWNER AND NOR PEN LOAN COMPANY, APPLICANT). Reference staff report, 2.26.96, with attachments. CP Monroe summarized the requ�st and reviewed criteria and Planning Department comments. Six conditions were suggested for consideration. Staff reviewed that a food establishment needs tables and chairs on site to qualify for regulation. Proposed use is take-out food only. Chm. Jacobs opened the public hearing. Daniel Conrad, Attorney for the applicant and Clive 7. Marder, 1150 Burlingame Avenue were present and explaineti the application. Said they were aware of the trash issues in the area and'already have someone who cleans the area to the west; already have Starbuck's and Noah's in area, no real additional impact; will put trash cans wherever city wants. It was noted that there is no access to the rear or place to store trash; hot dogs would be wrapped in cellophane or whatever the Health Department requires. They stated they were willing to have the conditions modified to reflect that there would never be tables or -3- CITY OF BURLINGAME PLANNING COMMISSION MINIJTES February 26, 1996 chairs inside or outside the business. There would be no cooking only the addition of a steamer and all installations would be in accordance with the Department of Public Health. They would also sell fresh fruit juice but no real change since sell bottled juice now; they will prepare other additional foods like sausages. There were no other comments and the public hearing was closed. Commission discussed the possibility of modifying the conditions to more clearly state that tables and chairs would never be allowed in the business or an encroachment permit outside the business. There was concern expressed that the customers would impinge on the seating at Starbuck's and Noah's. C. Deal noted this is only a small step from a restaurant, will cause more foot traffic would impact pazking, will cause people to have to walk with food and deposit trash elsewhere or stand on street outside shop to eat; and would be detrimental to the neighborhood. He then moved denial of this application. The motion was seconded by C. Mink and was denied on a 7-0 roll call vote. Appeal procedures were advised. 5. APPLICATION FOR A SPECIAL PERNIIT AND PARKING VARIANCE AT 1525 ADRIAN ROAD, ZONED, M-1, (ANTHONY AND ANNIE TSOU, PROPERTY OWNERS AND GREG CAPLAN, SPEEDMARK TRANSPORTATION, INC. AND N. N. GABBAY, AIA. APPLICANTS�. Reference staff report, 2.26.96, with attachments. CP Monroe summarized the request, the previous actions on this property and reviewed code, criteria and Planning Department comments. Five conditions were suggested for consideration. Chm. Jacobs opened the public hearing. Mr. Cap1an,1525 Adrian Road, the applicant and Neil Gabbay, 19 South B Street, #7, San Mateo, his architect explained this third request. He noted two types of business occur, the national headquarters for the company and freight warehousing and forwarding; business does not have many visitors, on site parking for employees so could have high percentage of compact, prefer alternative with 33 on site parldng spaces, 60 % compact. ADA requirements were not previously met, however, they will meet ADA requirements with this request. The applicant explained they need to separate 2 sets of employees. It was noted that large trucks appear to block parking on Adrian Road side, noted this happens sometimes on Fridays, employee cars are blocked for a period of time; also noted a dumpster was located in back up azea to parking space 22 and needs to be relocated. There were no other comments and the public hearing was closed. Commission discussion: issues appear to be removal of existing tree on David Road, use of PUE for required parldng and removal of office area above 20 % when the site is sold or leased -4- CITY OF BURLINGAME TAKE-OUT PERNIIT Item 4 Take-out Permit for Snack Foods Address: 1150 Burlingame Avenue Meeting Date: 2-26-96 Request: Special permit for a take-out permit (C.S. 25.36.032, lh) for the sale of steamed hot dogs and fresh juices at 1150 Burlingame Avenue, zoned C-1 Subarea A. Applicant: Nor Pen Loan Company APN: 029-153-120 Property Owner: Gurdial Johal General Plan: Commercial, Shopping and Service Zoning: C-1 Subarea A Adjacent Development: Commercial shopping and service 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. Summary: The applicant, CJ's Burlingame Avenue Kiosk, is requesting a take-out permit for the sale of steamed hot dogs and fresh juices at 1150 Burlingame Avenue. The existing use is a retail convenience store selling pre-packaged foods, such as candy, sodas and chips. The remainder of products sold are convenience items such as newspapers, cigarettes and sundries. Take-out food requires a special permit in the C-1, subarea A zoning district. C7's Burlingame Avenue Kiosk presently operates seven days a week; Monday through Thursday 8:30 a. m. to 7:00 p. m. , Friday and Saturday 8: 30 a. m. to 9:00 p. m. and Sunday 8:30 a. m. to 6:00 p. m. with two full-time employees and one possible part time employees on site at any one time. The application indicates that presently 150 customers visit the site per day before 5:00 p. m. and 50 after 5:00 p. m. These numbers are expected to expand to 225 and 75 respectively over a 2 to 5 year period. The other tenants in the building are Starbuck's Coffee and Noah's Bagels both of which have take-out permits. This business is located on the first floor in the C-1 subarea A district and does not require additional parking for its use. The employees park at 10 hour meters. The customers aze expected to use the street parking. This proposal meets all other zoning code requirements. Staff Comments: The Senior Building Official states in his January 29, 1996 memo that he will need the manufacturers specifications on the hot dog steamer prior to building permit final. The Fire Marshal states in his 7anuary 29, 1996 memo that other than the hot dog steamer no other cooking will be permitted without and exhaust hood and fire protection. The Associate Engineer states in his January 29, 1996 memo that a trash receptacle needs to be place in the front of the store and that the store owner must keep the sidewalk azea clean with in 50'-0" of either side of his tenant space. Planning staff noted to the applicant that trash is a problem along Burlingame Avenue and the side streets because of the existing take-out businesses in the immediate area. The City Attorney notes that frequent complaints are received about the use of existing sidewalk tables of nearby businesses and suggests hot dog purchasers may use those TARE-OIIT 1150 BURLINGA!!E AVE tables and exacerbate the problem. The applicant has included a statement in his application materials, dated January 22, 1996, that a metal trash container will be placed outside at the door and it will be emptied periodically during the day. The applicant has also noted that he has no intention, at this time, to request an encroachment permit for chairs and tables in front of his establishment. 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; (b) the proposed use will be located and conducted in a manner in accord with the Burlingame general plan and the purposes of this title; (c) the Planning Commission may impose such reasonable conditions or restrictions as it deems necessary to secure the purposes of this title and to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general vicinity. Planning Commission Action: The Planning Commission should hold a public hearing. Reasons for any action should be clearly stated for the record. At the public hearing the following condition should be considered: Conditions: 1. that the tenant improvements shall be installed as shown on the plans submitted to the Planning Department and dated January 22, 1996 Floor Plan and that there shall never be any tables or customer seating on this site and that this action does not allow this site to be designated as a food establishment; 2. that the conditions of the Senior Building Official, Associate Engineer and Fire Marshal's memos dated January 29, 1996 shall be met; 3. that no more than three employees shall be on site at any one time and the days and hours of operation shall be Monday through Thursday 8: 30 a. m. to 7: 00 p. m. , Friday and Saturday 8:30 a. m. to 9:00 p. m. and Sunday 8:30 a. m. to 6:00 p. m. 4, that the store owner shall provide and maintain trash receptacles of the type approved by the Burlingame Avenue streetscape designate the door, or at locations approved by the City Engineer and Fire Marshal and shall police the street within 50'-0" in each direction of the store front and sidewalk for trash periodically during the day and that the applicant shall arrange for additional BFI pick-up service including Sundays if necessary as determined by the City Engineer; 2 TARE-OUT 1150 BURLINGAlIS AVS 5. that any changes or additions to the snack foods sold at this site will require an amendment to this special permit; and 6. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame. Leah Dreger Planner c: Nor Pen Loan Company, applicant R7 i1r� cir o. BURIJN¢AMi, CITY OF BURLINGAME ��;� APPLICATION TO TI� PLANNING COIVIlVIISSION �..... RE��I�'��"`� Type of Application: Special Permit Variance Other -� �L Project Address: 1150 Burlinqame Avenue JAN� 1996 CITY OF BURUN�AIVI� Assessor's Parcel Number(s): PLANv►rvc, n��T, * APPLICANT PROPERTY OWNER Name: Nor nen Loan Company, Inc. rJ�e; Gurdial S. Johal Address: 330 Primrose Rd. , Ste. 201 City/State/Zip•Burlinctame, CA 94010 Address: 1304 Burlingame Avenue City/St1te/Zip: Btx�lin� ame , Ca 94010 Phone (w): 415/ 347-7753 (h): f�: 415/ 347-62��: ARCHITECT/DESIGNER Name: Marklin� Yamasaki (Anthonv Webb) Address: ap� primr�Se RDaGl City/State/Zip: Burlingame, CA 94010 Phone (w): � � �z�, i� lh)� Phone (w): 4 1 5/342 0570 (h): fax: Please indicate with an asterisk * the contact person for this application. '�" C f i�v� 3�f7-7� �� (-, � '; % � i fax: PROJECT DESCRIPTION• Interior modifications to com�ly with County and Citv health/_food preparation codes AFFIDAVIT/SIGNATURE: I hereby certify under penalty of perjury that the information given herein is true and conect to the best of my knowledge and belief. �(�,�� Y._ �„� �� Novembe r.2,f 19 9 5 Applicant's Signature Date I know about the proposed application and hereby authorize the above applicant to submit this application to the Planning Gommis�s�bn. i 1, � ` j � �'� Novembe r aS, 19 9 5 , Property Own�r's Signature Date ----------------------= ----------------f-----FOR OFFICE USE ONLY ----------------------------------------- • Date Filed: � 2 � � Fee: � � �� Planning Commission: Study Date: Action Date: �rr c�T� �� olJRIJNWME `Vo� U Y �U IW�O�YY YIV�tl��/^'�lOCU1L - '� � . , f S��CB�i� P��8V90� A�ICATOON� �� The Planning Commission i (Code Section 25.52.020). Commission in making the Piease type or write neatl questions. s required by law to make findings as defined by the City's ordinance You� answers to the following questions will assist the Planning decision as to whether the findings can be made for your request. y in ink. Refer to the back of this fo�m for assistance with these 1. Explain why the proposed use at the proposed l�ocation wi!! not be de�rime�a/ oc injvr3ous to property oi impiovements in the vicinity oi to pubrc heafth, safety, genera/ we/fare, or convenience. C�'s Burlingame Avenue Kiosk opened in June, 1995 and is now an e�tablished business on the block of Burlingame Avenue betw�:en _Lorton St. and California ��ve. CJ's presently sells snacks, candy, drinks and other prepackaged food, as well as newspapers, magazines, tobacco and sundries. CJ's wants to sell fresh juices, steamed hot dogs, and other similar prepared foods to take out. The proposed use will not attract any foot or vehicular traffic which does not already exist. Immediately to the west cf C1's is Noah's Bagels, which sells prepared foods and is a much larger business. Immediately to the west of Noah's Bag21s is Starbucks Coffee, which attracts a large number of customers, many of whom sit at outdoor tables. Starbucks also sells prepared foods. The proposed use will complement and be consistent�with current use. CJ's, Noah's and Starbucks are all in the same building. 2. 3. ��ss ;.� �� q e�� P la�. �- ��;�5 o r�( i N�. ��, �[� ' v -�,� �'1,�. � ' � S� �i � �e c�- Y'e� �e� � ro c e ss� G� ��c c �..�� c e a-� �p �.�'w� � a" G� v� V Se . \! How wi/1 the proposed use be /ocated and conducted in accordance with the Bur/"ingame Genera/ P/an and Zoning OrdinanceT How wi// the proposed project be compatib/e with the aesthetics, mass, bu/k and character of the existing and potentia/ uses on adjoining pioperties in the genera/ vicinityT No change to the exterior or structure of the building. CJ's is already a small retail store. Interior modifications to comply with County and City health and food preparation regulations. No effect on adjoining properties. No anticipated change in foot or vehicular traffic, parking or neighborhood character. Proposed use is a slight change to existing use and is consistent with use of next door businesses which already sell prepared foods. �� V �L1 J A N 2 2 1996 t;l�l'Y UF BIJRLIN�AME PLANNING DEPT� tr� a. ' °�R""°"'"` COMI��RCIAL APPLICATIONS �• � ' PLANNING COMMISSION APPLICATION SUPPLEMENTAL FORM •... 1. Proposed use of the site, Retail store with food prenaration � • �`� � 2. Days and hours of operation. � B_ ,- �i ' �/� 3. Number of trucks/service vehicles to be pazked at site (by type). None `"�Ty . .�� ti�; ��, �9,g6 /��i��, ��,, ,. y�� "I : q,_ %��,. 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 2 2 2 2 2 2 Part-time Weekends Full-time 2 2 2 2 2 2 Part-time 5. Current 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 Weekends � �%. : What is the maximum number of people expected on site at any one time (include owner, employees and visitors/customers): Where do/will the owner & employees park? Privat� �arkim� c_nTar-P�1 Q hnir matar Where do/will customers/visitors park? Existing � om rs of �rro mding stores who have either parked or walked from local residences or businesses 9. Present or most recent use of site. Retail store 10. List of other tenants on property, their number of employees, hours of operation (attach 11St 1f neCeSSaty). Starbucks 3 to 4 employees per shift 7days aweel� 6:00.4VI to 12:OQEM Noah's 3 to 4 employees per shift 7 days a week, ?:OOAM to 7:OOPM � �� '!' �' `' ; � � ...,. ,, Ty r- ,� �+;.,, , .. . � r � ��4�� r ',.Q ; ti �� y: ..�. -�- f 1 II�I V��'MEI�I T� LOAI�I COMPAI�I Y �,� � . � '��**�,�� - - s ��'�.' "° ''';� l,' -� 4=�.: -?�`=''r�� .,,.. n. � _ � . -k +..�....��a,;�::� City of Burlingame Planning Commission Burlingame, CA 94010 � � .6:: � Re: CJ's Burlingame Avenue Kiosk 1150 Burlingame Avenue Application for Special Permit Ladies and Gentlemen: November a.5, 1995 f�� ` ,' '� �� F �� ,a `�� a �r � t : J A N 2 2 1996 �;r; ti� oc= �u�i_�r��.r��.�. Pi.fi�.:'�;F�ef�ii- °": �'+�. Nor Pen Loan Company, Inc. owns CJ's Burlingame Avenue Kiosk. We opened the business in June, 1995. It is located at 1150 Burlingame Avenue. It is on the north side of Burlingame Avenue, on the block between Lorton Street and California Drive. CJ's Burlingame Avenue Kiosk is a retail store. We sell snacks, candies, sodas, bottled juices, and other prepackaged foods, as well as newspapers, magazines, tobacco and sundries. CJ's is approximately 500 square feet on the main floor, together with a basement of 400 square feet. CJ's is immediately to the east of Noah's Bagels. Noah's is a much larger business, selling its well known bagels, together with cheeses, marinated and smoked fish, and other prepared foods. Noah's is a take-out facility and attracts a substantial amount of f:,�ot traffc. Noah's provides outdoor tables located on the sidewalk for their customers' use. Immediately to the west of Noah's Bagels is Starbucks Coffee, at the corner of Burlingame Avenue and Lorton Street. Starbucks is a much larger business than CJ's. It attracts a large number of people who take out coffee and baked goods, as well as those who eat inside Starbucks and at outdoor tables located on the sidewalk. Starbucks att:acts a large number of customers who congregate in and outside the store. CJ's b�isiness attracts far fewer customers than Noah's or Starbucks. 330 PRIMROSE ROAD , ��204 BURLINGAME, CALIFORNIA 94010 415 347-7753 City of Burlingame Planning Commission November �,5 , 1995 Page 2 On the southeast corner of Lorton and Burlingame Avenue is the new take- out restaurant, La Salsa. In order to make CJ's more competitive and to provide alternative food choices to our customers, we have applied for a special permit to be allowed to sell prepared foods, such as freshly squeezed juices and steamed hot dogs. The proposed use will not require any exterior or structural modifications to the building. The only interior modiiications would be to install any necessary sink, plumbing and health code compliance equipment for food preparation. The landlord, Gurdial S. Johal, does not oppose the special permit and will submit a letter in support. CJ's is now an established business at 1150 Burlingame Avenue. Granting the special permit we seek would not in any way increase foot or vehicular traffic or create further parking problems in the neighborhood. The proposed use is exactly the same as that already maintained by Noah's, Starbucks, and La Salsa. The large amount of foot and car trafiic in the neighborhood already drawn by the successful businesses immediately next door to our business, and the other retail stores nearby, would not be increased at all if the permit is granted. We want to enhance the success of our business and that of the City of Burlingame. We request your granting of the special permit. Thank you for your consideration. Sincerely, �_._; .� ��..._�^,, _� Clive Marder �� .!' �� + � �a� J A N 2 2 1996 � ��-�,� �� r�L��v��{��s� ��_a�Ninf a ��=i�r. CITY OF BURLINGAME SPECIAL PERMIT APPLICATIONS ATTACHMENT 1 REFUSE MANAGEMENT ��i�� JAN 2 2 1996 Gf� Y Ut= BURLIIVC;,yIVI� Pl_AIVNlNG p,Ei�T_ The applicant will place a metal trash container outside of the store on the sidewalk. The trash container will be emptied periodically during the day. Food preparation refuse, together with contents of the outside trash container, will be placed in the Scavenger container for pickup. The applicant is very aware of the need to neatly dispose of all refuse related to take-out food activities and will pay close attention to cleanliness and disposal of all refuse. ROUTING FORM DATE: �� "Z G'1 TO: CITY ENGINEER . ___��__ CHIEF BiT�DING INSPECTOR FIRE MARSHAL PARKS DIItECTOR CITY ATTORNEY FROM: SUBJECT: CITY PLANNERJPLANNER �1i�� .__. i l �--�� - �.Y-�,�. -�-� AT l� c� � % � «,' � : �v` �'4--r- r� `��-�- SCHEDULED PLAI�TNING COMMISSION ACTION MEETING: '� �} � 2 REVIEWED BY STAFF MEETING ON MONDAY: _ �� Z-`� THANKS, 7ane/Sheri/I.eah � G%� Date of Comments ,� � � �i� D � �� `�� N,��- ��/� �� . �� '9 ��T � ROUTING FORM DATE: �G�� . 2 � TO: CITY ENGINEER . CHIEF BUII.DING INSPECTOR _ � FIRE MARSHAL PARKS DIRECTOR CITY ATTORNEY FROM: CITY PLANNER/PLANNER r SUB7ECT: REQUEST FOR ,� � G�-� `rYu.�C.. -�6-�_.__ � � r� �.-L - a �,-� --- C�-�-� AT_ l � � `� `�u n ,�� -�.�� / I �- --, � - ��- zz z `�i SCHEDULED PLAI�TNING COMMISSION ACTION MEETING: REVIEWED BY STAFF MEETING ON MONDAY: ��-- THANKS, 7ane/Sheri/Leah l,v lT�r-� �_ �.�C.C�C�i. o ti �� T�fi� `^2'"� ^� � Date of Comments fi�� +�c�� o �-� ��c� � ts �� T�a � �o Ar� �CL-��cv�sc N�p q�o c��.� �r�� ROUTING FORM DATE: G�M : Z� TO: � CITY ENGINEER , CHIEF BUII.DING INSPECTOR FIRE MARSHAL PARKS DIRECTOR CITY ATTORNEY FROM: CITY PLANNER/PLANNER � r SUBJECT: REQUEST FOR - `�Y� -�.-�_ � �-`-,�� cS� c.�_ -� � AT `I. �� 3-�vz �, v c - SCHEDULED PLAI�INING COMMISSION ACTION MEETING: ��'_ Io • Z z- REVIEWED BY STAFF MEETING ON MONDAY: J a� Z' THANKS, Jane/Sheri/Leah Date of Comments � , (� �..�� a� /L2 (�,�; �-e l�.e.e_� .� -.�.Q ��- c�-� �'^ � �� II ��_ � /� Z . %1"�e .e��9�X. cSZ�r,-wc�/ /Y�-�-� � `�� .� /J.�`,�� %'�--fJ� C.�-�w � ��,�-� .Q.a,� S� d1t o� �.. i��s-.� , t ; ��C CITY OF BURLINGAME 501 PRIlVIIZOSE ROAD BURLINGAME, CA 94010 (41� 696-7250 NOTICE OF HEARING The CITY OF BURLINGAME PLANNING COMIVIISSION announces the following public hearing on MONDAY, FEBRUARY 26, 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 Division at 501 Primrose Road, Burlingame, California. 1150 BURLINGAME AVENUE APN: 029-153-120 AN APPLICATION FOR A SPECIAL PERMIT FOR TAK�OUT OF SNACK FOOD AT 1150 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 correspondence delivered to the City at or prior to the public hearing. The property owner who receives this notice is responsible for informing their tenants about this notice. Please post this notice in a public place on your property. Thank you MARGARET MONROE CITY PLANNER FRIDAY, FEBRUARY 16, 1996 � � � ��'92 ' � � � � � F{, _w _ � � n� � -a, , i _ �' I- .. . `'. ' '* r � � � ' � . . '� �"' � � f -�,. .. . �'i i �.., �.+ I S�Y�,� � ,�. � ..*�,, . "��. , . „� � '� .. . '!F'. ,. . ^ � . 1 ... 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't. � : ,e � � r�� ' `, '�,„. ,' Y.s' I ��. .F!�.. - , . � , u r. � � - , .'�'"`' � � � 1 . � ry 7� � 'r,�rp�'i"�"�° * • �,. i F� ...._. . . � . �.. ., . :, . , ' � ' �. �� j � �. ,�.,�y..i _ . �� . ., - � , • , .w 1 ' , ..r �� . . � . . �'" . � - � �� ' . `�. .� ...�..� - , � , � �� r %�:: $ " .�.x' � � • � ... . ' � � �. _ � Wi� 1 II ,f � 1 •� p' . �F��.�n ��,� '"�^ . . �511 1 .1'M 4 � . � � � '� .,� ' �� ;��b�. CITY OF BURLINGAME 501 PRIl��OSE ROAD BURLINGAME, CA 94010 (415� 696-7250 NOTICE OF APPEAL HEARING The CITY OF BURLINGAME CITY COUNCIL announces the following public hearing on MONDAY. MARCH 18. 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 Division at 501 Primrose Road, Burlingame, California. 1150 BURLINGAME AVENUE APN: 029-153-120 AN APPEAL HEARING ON AN APPLICATION FOR A SPECIAL PERMIT FOR TAKE-OUT OF SNACK FOOD AT 1150 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 informing their tenants about this notice. Please post this notice in a public place on your property. 1'hank you 7UDITH A. MALFATTI CITY CLERK FRIDAY, MARCH 8. 1996 RESOLUTION NO. RESOLUTION APPROVING CATEGORICAL EXEMPTION, AND TAK�OUT PERMIT RESOLVED by the CITY COUNCIL of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for a take-out�ermit for snack food at 1150 Burlin�ame Avenue. zoned C-1 Subarea A APN• 029- 153-120 , Pronerty owner: Nor Pen Loan Company, 330 Primrose Road, #204 ; and WHEREAS, the Planning Commission held a public hearing on said application on February 26. 1996 , at which time said application was denied; WHEREAS, this matter was a�pealed to City Council and a hearing thereon held on Mazch 18, 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 RFSOLVED 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 Article 19, Section: 15301 - Existing Facilities, Class 1(a) , Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveniences is hereby approved. 2. Said take-out permit is approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such take-out 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. MAYOR I, 7UDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regulaz meeting of the City Council held on the 18th day of March , 1996 , and adopted thereafter by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK EXHIBIT ��A�� Conditions of approval categorical exemption and take-out permit 1150 BURI,INGAME AVENUE effective MARCH 18, 1996 1. that the tenant improvements shall be installed as shown on the plans submitted to the Planning Department and dated 7anuary 22, 1996 Floor Plan and that there sha11 never be any tables or customer seating on this site and that this action does not allow this site to be designated as a food establishment; 2. that the conditions of the Senior Building Official, Associate Engineer and Fire Marshal's memos dated 7anuary 29, 1996 shall be met; 3. that no more than three employees shall be on site at any one time and the days and hours of operation shall be Monday through Thursday 8:30 a. m. to 7:00 p. m. , Friday and Saturday 8:30 a. m. to 9:00 p. m, and Sunday 8:30 a. m. to 6:00 p. m. 4. that the store owner shall provide and maintain trash receptacles of the type approved by the Burlingame Avenue streetscape designate the door, or at locations approved by the City Engineer and Fire Marshal and shall police the street within 50'-0" in each direction of the store front and sidewalk for trash periodically during the day and that the applicant shall arrange for additional BFI pick-up service including Sundays if necessary as determined by the City Engineer; 5. that any changes or additions to the snack foods sold at this site will require an amendment to this special permit; and 6. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame.