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Home My WebLink About1152 Burlingame Avenue - Staff ReportItem •- CITY OF BURLINGAME AMENDMENT TO CONDITIONAL USE PERMIT Address: 1152 Burlingame Avenue Meeting Date: 1/10/00 Request: Amendment to a conditional use permit for an existing food establishment in the Burlingame Avenue commercial area at 1152 Burlingame Avenue, zoned C-1, Subarea A, Burlingame Avenue Commercial Area (C.S. 25.36.040, �. Name of Food Establishment: Noah's Bagels APN: 029-153-120 Property Owner: Gurdial S. Johal Tr Lot Dimensions and Area: 3,791 SF Zoning: C-1, Subarea A General Plan: Commercial Service ancl Special Sales Adjacent Development: Retail/Service Commercial CEQA Status: Article 19. Categorically Exempt per Section: 15301 - Existing Facilities, Class 1, operation of existing private structures involving negligible or no expansion of use beyond that previously existing. Ordinance: In October 1999, the City Council adopted Ordinance 1619 which makes all food establishments in the Burlingame Avenue commercial area, Subarea A, and the Broadway commercial area conditional uses. The City Council also adopted Resolution 111-1999, which includes a Food Establishment by Type Table establishing the location, type and seating area for each food establishment in each commercial area. Some of the existing food establishments within these areas already have conditional use permits for take-out, delivery services and/or expansions. The ordinance requires that these establishments obtain amendments to their existing 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: In April 1994, the City Council approved a conditional use permit for take-out food for Noah's Bagels at 1152 Burlingame Avenue (April 19, 1994 approval letter and April 18, 1994 C.C. Minutes). Since Noah's Bagels currently has a conditional use permit for take-out food, this application is for an amendment to the existing conditional use permit as required by Ordinance 1619. The Food Establishment Table by Type defined the food establishment located at 1152 Burlingame Avenue as follows: • Business Name: • Business Address: • Category: Noah's Bagels 1152 Burlingame Avenue Limited Food Service Establishment • Seating Area: none Amendment to Conditional Use Permil 1152 Burlingame Avenue The current food establishment located at 1152 Burlingame Avenue, Noah's Bagels, is classified as Limited Food Service with no on-site seating. In the July 1998 survey for Noah's Bagels, it was noted that food at this premise is ordered and paid for before consumption and that food is served in paper containers with plastic flatware. It was also noted that there was no on-site seating. 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 EXISTING Use: Limited Food Service Limited Food Service (Noah's Bagels) (Noah's Bagels) Seating Area: none none ALLOWED/REO'D *food establishment requires a conditional use permit 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 City 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. F�ndings for This Conditional Use Permit: Since the current regulations limit the number of food establishments to those in the area as of November 1999 and then as approved by City Council Resolution No. 111-1999 on October 18, 1999, and this business meets those criteria and the business will operate within the limits established by that ordinance, the use will not be detrimental to the �� Amendment to Conditional Use Permit I152 BurlingameAvenue city's objective of promoting pedestrian oriented retail activity in this commercial area and will be in compliance with the general plan for the area; and since the business shall be required to comply with all the city regulations including providing trash receptacles and litter maintenance in the surrounding area, signage, meeting building code requirements, and adhering to County health requirements, the operation will be compatible with the character of the commercial area. Planning Comrnission 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 (conditions from the previous conditional use permit are in italics, changes to these are shown in standard type face): 1. that tl�is business location presently occupied by a limited food service use, with no on-site seating, may change its food establishment classification only to a full service restaurant or bar with a�proval of a conditional use permit for the establishment; 2. that up to 250 SF of on-site seating may be added to the limited food service establishment only by an amendment to this conditional use permit; 3. that ail amendment to this conditional use permit shall be required for delivery of prepared food from tllis premise; 4. that tller-e 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 establisl�ment shall not be replaced on this site and this conditional use permit shall become void; 6. that t]Ie business may be open 6:00 A.M. to 7:00 P.M. Monday through Friday, 7:30 A.M. to 7:00 P.M. on Saturday and 7:30 P.M. to 5 P.M. on Sunday, with a maximum of nine employees, including the manager on site, at any one time; 7. that t/te project shall be built as shown on the plans submitted to the Planning Department date stampecl February 10, 1994 (floor plans) and March 1, 1994 (basement plan); 8. that al[ deliveries to this business shall be made before 10:00 a.m. and shall be made from the loadirag �orie on Lorton Avenue; 9. tlaat a�lequate, well labeled trash receptacles approved by the City and consistent with the streetscape improvements shall be provided, and that an employee shall have the responsibility of scorrtirig for trash hourly while the bakery is open and shall "scout" within a 100' radius at the e�a�f of each business day; the bakery manager shall be responsible for insuring trash recep�a�•les are emptied and trash in the area picked up before it becomes a nuisance; 3 Amendment to Conditional Use Permit 1152 BurlingameAvenue 10. that trash receptacles shall be placed at the front door and outside the front door at a location czpproved by the City Engineer; the business shall maintain and regularly empty the trash receptacles, including those on the public right-of-way at all times and failure to do so would result in review of this use permit; 11. that plans submitted to the Building Department shall meet the conditions of the Chief Building Inspector's memo dated 2/14/94; 12. that tke basement area accessible to this tenant shall not exceed 300 SF as noted in the Fire Marshal's memo dated February 17, 1994 and shall only be used for storage in association with this business,- and 13. that the use shall be reviewed for conformance with these conditions in nine months (December, 1994) or upon complaint thereafter. Ruben G. Hurin Planner c: Noah's Bagels, applicant Gurdial S. Johal Tr, property owner 4 i 1 '�� 'n (`��e f�t#� rr.f ��trlir��ttz�tP CITY HALL - 501 PRIMROSE ROAD t[� (415) 696-7250 PLANNING DEPARTMENT BURLINGAME. CALIFORNIA g4010-3997 F�x (415) 342-8386 April 19, 1994 Bill Hughson, President Noah's Bagels 4240 Hollis Street Emeryville, CA 94608 Dear Mr. Hughson: At their meeting of April 18, 1994 the City Council held an appeal hearing on your application to allow a bagel bakery at 1152-1156 Burlingame Avenue, zoned C-1 Burlingame Avenue Commercial Area Subarea A. Following a public hearing Council approved your application with the following conditions: l. that the project shall be built as shown on the plans submitted to the Planning Department date stamped February l0, 1994 (floor plans) and March 1, 1994 (basement plan); 2. that all deliveries to this business shall be made before 10:00 a.m. and shall be made from the loading zone on Lorton Avenue; 3. that adequate, well labeled trash receptacles shall be provided, and that an employee shall have the responsibility of scouting for trash hourly while the bakery is open and shall "scout" within a 100' radius at the end of each business day; the bakery manager shall be responsible for insuring trash receptacles are emptied and trash in the area picked up before it becomes a nuisance; 4. that trash receptacles shall be placed at the front door and outside the front door at a location approved by the City Engineer; the business shall maintain and regularly empty the trash receptacles, including those on the public right-of-way at all times and failure to do so would result in review of this use permit; 5. that plans submitted to the Building Department shall meet the conditions of the Chief Building Inspector's memo dated 2/14/94; � , � April 19, 1994 1152-1156 Burlingame Avenue page -2- 6. that the basement area accessible to this tenant shall not exceed 300 SF as noted in the Fire Marshal's memo dated 2/17/94 and shal.l only be used for storage in association with this business; 7. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame; and 8. that the use shall be reviewed for conformance with these conditions in nine months (December, 1994) or upon complaint thereafter. All site improvements and construction work will require separate app�ication to the Building Department. This approval is valid for one year during which time a building permit must be issued. One extension of up to one year may be considered by the Planning Commission if application is made before the end of the first year. Erection of the signage will require separate application to the Building Department. Sincerely yours, ��%��-�1�„�� Margaret Monroe City Planner MM:smg cc: Gurdial S. Johal, TR 1304 Burlingame Avenue Burlingame, CA 94010 Charles Kahn AIA Chief Building Inspector Chief Deputy Valuation, Assessor's Office (58.33 FT X 65 FT on Cor of Lorton & Burlingame Aves PTN of Lot 2, Block 1, Subd.Name Burlingame Land Co Map No 2 RSM; APN 029-153-120) 'y �� ROUTING FORM DATE: 2 ' I � � '"I`i" TO: CITY ENGINEER � CHIEF BIIILDING INSPECTOR FIRE MARSHAL PARRS DIRECTOR CITY ATTORNEY FROM: CITY PLANNER/ZONING TECHNICIAN SUBJECT: REQIIEST FOR s.�eG�al ��V�Y1I % �� AT /��taf�`v%� c�tuay ti/�� -�� y CHEDULED ING COMMISSION ACTION MEETING: ��2� �� REVIEWED BY STAFF IN MEETING ON MONDAY : ��/� '��i' THANKS, Jane/ he ' ah P/a� � - �411 �°�'" , � �� 5�--_ � G�"',%o �y Gu / �, �`� Date of Comments Sh'i�2 Q�l /Gl� .� y Co�" l ROUTING FORM DATE: 2 /0�� . TO; CITY ENGINEER �CHIEF BIIILDING INSPECTOR FIRE MARSHAL PARRS DIRECTOR � CITY ATTORNEY FROM: CITY PLANNER/ZONING TECHNICIAN SUBJECT: REQIIEST FOR s�eG�ql L�� 'Yl / f" �-��- _ , AT 0 / %��raf��v�� cStudy M�i�9 � 3��'�- S+SCHEDULED ING COMMISSION ACTION MEETING• �'Z8'�g REVIEWED BY STAFF IN MEETING ON MONDAY: _ �'�L� •�C� THANKS, Jane/ he ' eah 2-/7, 3-/ Date of Comments T�lc�� f� -- l/ 8 7.S� �� C`�.�u��,,- 2 . �� tti� t� 1� �� SUR�� `�T�t� �r' i2 �o uu. ►tit.E� j� �uV� , �� Z7'� 3i�� U.ti N�` C�ULp ��QU i �2� 1R�3 �}pDt tlar.5�}L, ��X 1'r ��t c�V l t� p �_ � ��a� �� o�- ►N/ �o� s� ��v�� la�►s 3 � l . � �� I ,. � 6 BURLINGAME, CALIFORNIA April 18, 1994 CALL TO ORDER A duly noticed regular meeting of the Burlingame City Council was held on the above date in the City Hall Council Chambers. The meeting was called to order at 7:34 p.m. by Mayor O'Mahony. PLEDGE OF ALLEGIANCE TO THE FLAG Led by Carol Mink, former Library Trustee. ROLL CALL COUNCIL PRESENT COUNCIL ABSENT: MINUTES HARRISON, KNIGHT, O'MAHONY, PAGLIARO, SPINELLI NONE The minutes of the Regular Meeting of Apri14, 1994 were unanimously approved after a change on the last page to show Councilwoman Knight � miss the August meeting, and that the school district board/council liaison committee is discussing the airport MOU. The minutes of the Special Study Meeting of April 11, 1994 with Hillsborough were approved unanimously. APPEAL WITHDRAWN - RELOCATION OF SCHOOL DISTRICT OFFICES TO ROOSEVELT SCHOOL, 1131-1141 VANCOUVER Mayor O'Mahony announced the appeal had been withdrawn by letter from the Burlingame School District Superintendent Buethel dated April 8, 1994. PUBLIC HEARING - APPEAL FOR TAKE OUT PERMIT FOR NOAH'S BAGELS 1152-1156 BURLINGAME AVENUE - RESOLUTION 12-94 APPROVING SAME City Planner reviewed her memo of April 11 which recommended council hold a public hearing and take action. Bill Hughson, representing Noah's Bagels, is requesting a take out permit in order to open a bagel bakery on Burlingame Avenue next door to Starbuck's coffee. The bakery will be open daily with a maximum of six employees; a maximum of ten customers are expected on site at one time. There would be no indoor seating. Deliveries would be made before 1.0:00 a.m. and would be through the front door since there is no rear entrance. The Planning Commission approved this permit at its March 28 meeting and it was appealed by the owner of House of Bagels because of his concern about impact on his business. Councilwoman Knight and Councilman Pagliaro expressed concerns about delivery trucks parking and unloading on Burlingame Avenue. Mayor O'Mahony opened the public hearing. Dan Alper, 1766 Sand Hill in Palo Alto, partner in Noah's Bagels said they looked forward to opening a branch on Burlingame Avenue, if there were any problems council should call him. Arthur Zemel, 840 Lombardi, Hillsborough, said he is landlord of Noah's Bagels in Berkeley; they are an excellent tenant and an asset to any community. Skip Green, 800 Airport, local businessman, said competition is good for any business and he � CITY OF BURLINGAME CITY COUNCIL MINUT�S April 18, 1994 believed the. appellant made a mistake in opposing this business. Charles Gensler, owner of property in i3urlingame, said Noah's first contacted him but he had no space to rent them, he would like to have tY�.is excellent organization in Burlingame; generally competition is helpful. The appellant was not present and the hearing was closed. Councilman Pagliaro said he could support this request with the additional condition that no truck unloading take place on Burlingame Avenue, Councilwoman Knight agreed and thanked the business for its trash pickup policy. Councilman Harrison moved to approve the request by adoption of RFSOLUTION 12-94 with conditions listed in staff report and the additional condition requiring trucks to unload on Lorton Avenue. Seconded by Councilman Pagliaro, canied unanunously 5-0 on roll call vote. PUBLIC HEARING - SECOND READING - ORDINANCE 1500 AMENDING BUSINESS LICENSE DELINQUENT DATE AND PENALTY City Attorney reviewed his memo of March 24 which recommended council hold public hearing and take action. Our current business license procedure provides for a 25 percent penalty if the license is not paid by August 1 and a 40 percent penalty if not paid by September 1. Recent experience indicates that our procedure would be more efficient if we eluninate the second penalty and delinquent date. The number of licenses which ultimately pay the extra penalty after the second notice does not justify the expenses of staff time and costs of producing and mailing these notices. Mayor O'Mahony opened the public hearing. There were no comments and the hearing was closed. Councilman Pagliarb moved adoption of ORDINANCE 1500. Seconded by Councilman Harrison, carried unanimously by roll call vote. PUBLIC COMMENTS Ray Green, attorney representing John Browning & Associates, spoke about development of the Bayside Park landfill area. This organization is expert in developing golf facilities and they proposed they could do it better than the city. Mayor O'Mahony explained the city must meet many regional agency requirements before we can consider working with any group, perhaps in two years time; the city has just contracted for installation of gas monitors as required by BAAQMD. Councilman Pagliaro asked if Green had a son who was employed with Pagliaro's law firm. Ray Green responded yes; Pagliaro said he would abstain from any further discussion. . John Browning said he understood the many requirements for closing the landfill but that his firm knows how to work with these agencies. He said the city's current plans showing a driving range are deficient and that his group could save the city money. Public Works Director stated that we are currently setting design parameters for project and the plans now available are preliminary. He was willing to meet with Browning to discuss the design issue. . COMMISSIONER APPOINTMENTS Councilman Pagliaro asked if council wanted to consider the issue of a third appointment to the Planning Commission since the resignation of Commissioner Shelley Graham occurred after the deadline for applications. Councilman Harrison noted we had six qualified applicants who were interviewed. Councilman Spinelli thought we should advertized for a single slot on Planning Commission; he thought city should develop an appointment procedure similar to the City of San 0 � 2 i � .-� � � - ,- . . . , , � ' '� � 4� � � � . �� . . � � _' �c; S.P �aPOT , �' � . ,— � /, i � .� � � � %' � - � a�� • � : . � � I100 ` � — .I 1 � ''R' � I110 �_ 1 ..� v � � ' ; H12 r � � � � � 1114 I(II . � 1 �II�p II13 � � 3t4 304 {US � � t� Q 3ig 3ob r�llso �' S�%d AR�1 {7 � 321 3oa 1=��foe IIR.z . IIZI �� 32la 3tb ll'�(� � i IIZ3 1 aO�' •.J tlLs _ � _ i �'oRTonl — A�tNu� � � C-2 = _ �., - -- -----�, t� ' ( *,1 303 �2oa . 3p5' 1102 J4/�� ( 30� ►Zo4� � t2o, ' i2o3 '�.� 5ue aaEa b� i� C- l � ►zos �� W � � �i � � �_ — — — — — — _ — — — . . � � �' .�' ��,.,,.� .� —_ _ � � i 5� Aa�� ',�. ��3 .� � i a • � � � �� 7. � ♦ � 4 I 1 � - � � r ' ( _ �i � Z _ � - ; , 0 , � � � p ��C M .-� ► ' �. �� i � %a. ',,' _ .PRRtiC RD. " � � � -�a - -- � ' - �' R � � I � �' �/�'�'/r r � �, �� i1�'.R r .. : ,� e � �� 1 I � I � �f � CITY OF B URLINGAME A copy of the application=and plans for this pro�ect, may be reviewed prior to the meetin� at the Plannin� Department at`�S�QI Primrose Road, Burlingame, California. �" ��-, If you chall�n�e the subject application(s) in court, you may� be lirnited to raising only.'those issues you or someone else raised at the public hearing, described in �the notice or .in written conespondence.+�leliver�d to the city �- ��, _ : at or prior to the pu$lic hearing. �,. ;.:,��,�.` �.. Property owners who receive this notice are responsible for informing their tenants about this� notice.�: For additional informatior�; ple�se call (650) 696-7250. Thank you F$. `` p � � �< ..y 5.: e,.,d�, r'<" . •�,��.�aw.� �,�'� ��' r � �� . w � � � Q�' � � � Margaret Mop o�� L�" $i City Planner � . �'� `"' - �,� .�'¢ � _, , ___. .s PU BL�C; HEARING_N�TICE (Please refer to otlzer side) ��, ciry o� CITY OF BURLINGAME BIiRLJNS,AME PLANNING DEPARTMENT 501 PRIMROSE ROAD .�: BURLINGAME, CA 94010 �,_,,,,,,„�.�'� TEL: (650) 696-7250 1152 BURLINGAME AVEIVUE ARN:��9-1�3—i�� Application for aa�end�ent to a conditional �ise pUBLIC HEARING � per�it for an existing food establisha►ent in NOTICE I the Burlinga�e Avenue con�ercial area at 115� Burlinga�e Avenue, zoned C-1, 5ubarea A, Burlingame Avenue Co�Aercial Area. ' The City of Burlingame Flanning Co�nission announces the following public hearing on Monday, January 10, 200� at 7:00 P.M. in the i y a ounci am ers located at 501 F�ri�rose Road, Burlinga�e, California. Mailed Dere�ber 29, 1999 (Please refer to otlier side) 1 , ; -,, � . R�SOLUTION APPROVINU CATEGORICAL EXEIVIPTION AND CONDITIONAL USE PERMIT AMENDMENT RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for a conditional use Dermit amendment for an existin� food establishment classified as a Limited Food Service Establishment at 1152 Burlineame Avenue. zoned G 1 Subarea A Burlingame Avenue Commercial Area,, APN: 029-153-120: Gurdial S. Johal Tr 1300 Burlin�ame Avenue, Burlin ame, CA 94010, property owner; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on anua 10, 2000, 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. 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 amendment is approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such conditional use permit are as set forth in the minutes and recording of said meeting. 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. � • • 1' I,_Ann Kei�an , Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the l Oth day of anua , 2000 , by the following vote: AYES: CONIMISSIONERS: NOES: CONIMISSIONERS: ABSENT: CONIlVIISSIONERS: SECRETARY EXHIBIT "A" Conditions of approval for categorical exemption and conditional use permit amendment. 1152 BURLINGAME AVENUE effective January 19, 2000 that this business location presently occupied by a limited food service use, with no 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 up to 250 SF of on-site seating may be added to the limited food service establishment 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 business may be open 6:00 A.M. to 7:00 P.M. Monday through Friday, 7:30 A.M. to 7:00 P.M. on Saturday and 7:30 P.M. to 5 P.M. on Sunday, with a maxunum of nine employees, including the manager on site, at any one time; 7. that the project shall be built as shown on the plans submitted to the Planning Department date stamped February 10, 1994 (floor plans) and March 1, 1994 (basement plan); 8. that all deliveries to this business shall be made before 10:00 a.m. and shall be made from the loading zone on Lorton Avenue; 9. that adequate, well labeled trash receptacles approved by the City and consistent with the streetscape improvements shall be provided, and that an employee shall have the responsibility of scouting for trash hourly while the bakery is open and shall "scout" within a 100' radius at the end of each business day; the bakery manager shall be responsible for insuring trash receptacles are emptied and trash in the area picked up before it becomes a nuisance; 10. that trash receptacles shall be placed at the front door and outside the front door at a location approved by the City Engineer; the business shall maintain and regularly empty the trash receptacles, including those on the public right-of-way at all times and failure to do so would result in review of this use permit; 11. that plans submitted to the Building Department shall meet the conditions of the Chief Building Inspector's memo dated 2/14/94; E�HIBIT "A" Conditions of approval for categorical exemption and conditional use permit amendment. 1152 BURLINGAME AVENUE effective January 19, 2000 page -2- 12. that the basement area accessible to this tenant shall not exceed 300 SF as noted in the Fire Marshal's memo dated February 17, 1994 and shall only be used for storage in association with this business; and 13. that the use shall be reviewed for conformance with these conditions in nine months (December, 1994) or upon complaint thereafter. �