HomeMy WebLinkAbout1160 Burlingame Avenue - Staff ReportItem c
CITY OF BURLINGAME
AMENDMENT TO CONDITIONAL USE PERMIT
Address: 1160 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 1160 Burlingame Avenue, zoned C-1, Subarea A, Burlingame
Avenue Commercial Area (C.S. 25.36.040, fj.
Name of Food Establishment: Starbucks 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 and 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 July 1992, the Planning Conunission approved a conditional use permit for take-out food
service for Starbucks at 1160 Burlingame Avenue (August 6, 1992 approval letter and July 27, 1992
P.C. Minutes). Since Starbucks 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 1160 Burlingame Avenue as
follows:
• Business Name:
• Business Address:
• Category:
Starbucks
1160 Burlingame Avenue
Limited Food Service Establishment
• Seating Area: 331 SF
Amendment to Conditional Use Permit 1160 Burlingame Avenue
The current food establishment located at 1160 Burlingame Avenue, Starbucks, is classified as Limited
Food Service with 331 SF of on-site seating. The applicant was notified about the city's July 1998
survey findings. Planning would note that the applicant did not complete the July 1998 survey for
Starbucks and did not comment that there were errors in the city's data or classification. There was no
dispute by the merchant or property owner during the public hearings on the ordinance and
implementing tables.
PROPOSED EXISTING ALLOWED/REO'D
Use: Limited Food Service Limited Food Service *food establishment
(Starbucks) (Starbucks) requires a conditional
use permit
Seating Area: 331 SF 331 SF 331 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 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 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 city's
objective of promoting pedestrian oriented retail activity in this commercial area and will be in
2
Amendment to Conditional Use Permit
1160 Burlingame Avenue
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 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 (conditions from the previous
conditional use permit are in italics, changes to these are shown in standard type face):
1. that this business location presently occupied by a limited food service establishment, with 331 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 331 SF area of on-site seating of the limited food service establishment may 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 other retail 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 Midnight seven days a week with a maximum of five
employees, including the manager, on site at any one time;
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 and on sidewalk tables, in the gutter, and in planters, in
front of the store along Burlingame Avenue and Lorton Avenue, and within 50' of the premise of
the store and shall maintain a clean and sanitary sidewalk area;
8. that the project shall be built as shown on the plans submitted to the Planning Department and date
stamped June 10, 1992, Sheets A-1, A-2, A-2.1, A-3 and July 20, 1992, Sheet A-S with a total of
42 seats;
9. that the basement cannot be used as a part of the business operation;
10. tlaat this business shall provide and maintain on or more trash receptacles outside the door in the
streetscape design at locations approved by the City Engineer; and
3
Amendment to Conditional Use Permit
1160 BurlingameAvenue
11. that the project shall meet Uniform Building and Uniform Fire Code requirements as amended by
the City of Burlingame.
Ruben G. Hurin
Planner
c: Starbucks, applicant
Gurdial S. Johal Tr, property owner
�,
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l'�.�$ V-x� .U�.0 ��xz'.�xa�.��11�.e
CITY HALt.- 501 PRIMROSE ROAD
BURLINGAME� CALIFORNIA 94010 PLANNING OEPARTMENT
(415) 342-8625
. August 6, 1992
Mr. Arthur Rubinfeld
Starbucks Coffee Company
2203 Airport Way South
Seattle, WA 98134
Dear Mr. Rubinfeld:
Since there was no appeal to or suspension by the City Council, the
Planning Commission approval of your application became effective
August 4, 1992. This application was to allow take out service at a
retail food establishment at 1160 Burlingame Avenue, zoned C-1
Burlingame Avenue Commercial Area Subarea A.
The July 27, 1992 minutes of the Planning Commission state your
application was approved with the following conditions:
l. that the project shall be built as shown on the plans submitted to
the Planning Department and date stamped June 10, 1992, Sheets
A-1, A-2, A-2.1, A-3 and July 20, 1992, Sheet A-5 with a total of
42 seats;
2. that the basement cannot be used as a part of the business
operation;
3. that this business shall provide and maintain a trash receptacle
outside the door at a location approved by the City Engineer; and
4. that the project shall meet Uniform Building and Uniform Fire Code
requirements as amended by the City of Burlingame.
Erection of the signage will require separate application to the
Building Department.�
0
All site improvements and construction work will require separate
application to the Building Department. This approval is valid for one
�" �f
. ` • ' �
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 af the first year.
Sincerely yours,
f`���' �/1� i�---
Margar t Monroe
City Planner
MM/s
cc: Gurdial Johal
1300 Burlingame Avenue
Burlingame, Ca. 94010
Andrew Garay
Gothom Bay Construction Corp.
601 Van Ness Avenue Ste. 2002
San Francisco, Ca. 94102
Tim Carney
Brooke McCurdy
2203 Airport Way South
Seattle, WA 98134
Chief Building Inspector
Chief Deputy Valuation, Assessor�s Office
(58.33'x 65' on cor of Lorton & Burlingame Aves. ptn of Lot 2,
Block�l, Burl. Land Co. Map No.2; APN: 029-153-120)
�
Burlingame Planning Commission Minutes
guest space�s=�ccessed, through a securi
each uni in fro�t. �,s..�
, ��.,�-
Page 7
July 27, 1992
te which has a call box to
Com. Galligan m�ved that $-,he final map pe recomm d to the City
C cil for actiorr.____S.ec�iided by Com. Kell . Mo ' passed unanimously
n a voice vote.
13. TAKE-OUT PERMIT FOR A FOOD ESTABLISHMENT AT 1160 BURLINGAME
�VENUE ZONED C-1 BURLINGAME COMMERCI T AREA SUBp�REA A
Reference staff report, 7/27/92, with attachments. CP Monroe
summarized the request, the responses to the study questions, the
requirements for special permit findings. Three conditions were
suggested for consideration at the public hearing. CP explained that
since the basement of the building is now unused it cannot be used by
this business as a part of this permit; the applicants revision to the
number of seats requested from 24 to 42; and the factors which would
limit seating in this premise by the fire and building regulations.
Chm. Mink opened the public hearing. Arthur Rubinfeld, representing
Starbucks Coffee Company, presented the project. He asked why they
could not use the basement area. It was noted that since this area was
unused, extending a use such as storage into the basement would require
parking and in this case a parking variance. There were no other
comments and Chairman Mink closed the public hearing.
Commission discussion: it was noted that there was not a condition
requiring a trash receptacle outside the door of this premise as has
been the case in all the others reviewed.
Commissioner Galligan moved to grant this use permit on the basis that
this was a continuation of an existing use which would be, in fact,
less intensive that of the previous restaurant. The motion was by
resolution and included an additional condition requiring a trash
receptacle be placed outside the door and maintained by the business.
The conditions approved were: (1) that the project shall be built as
shown on the plans submitted to the Planning Department and date
stamped June 10, 1992, Sheets A-1, A-2, A-2.1, A-3 and July 20, 1992,
Sheet A-5 with a total of 42 seats; (2) that the basement cannot be
used as a part of the business operation; (3) that this business shall
provide and maintain a trash receptacle outside the door at a location
approved by the City Engineer; and (4) that the project shall meet
Uniform Building and Uniform Fire Code requirements as amended by the
City of Burlingame. The motion was seconded by Com. Deal and approved
on a 5-0-2 roll call vote (Cers. Graham and Jacobs absent). Appeal
procedures were advised.
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CITY OF B URLINGAME
A copy of the application�and'�plans for this project may be reviewed prior
to the meetin� at the Plannin� Department at` �Q1 Primrose Road,
Burlingame, California. ° �� "� �,
,„
�- 4,.w.
.� ��. �`�
If you challertge t�ie subject apptication(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
t _,_
at or prior to the public hearing. � �� �
�
v �J�� . . Y �e�. " . ....
Property owners who recei�e this nofice are responsibl "�or informing their
tenants about this'�notice;���� For additional informatio ple,�se call (650)
696-7250. Thank you ,y� , j�
�. ��. s. � >a:�,
� � � ����
�� ��w���
MarQaret Monroe�°�, �� �
� � : �-,.
City Planner �`�:`��,�� ;�. � "�. ,;�
w�"�
, , : ,,
PUBLIC HEARINGhNOTICE
(Please refer to otlier side)
CITY OF BURUMGAI�AE
� pLANtJItJG DEPARTMENT
501 PRIMROSE ROAD
BURUNGAME, CA 94010
f TEL (650} 696-7250
����.
llb� BURLINGAME AVENUE AF'N:029-153-120
PUBLIC HEARING
Application for aoend�entfoodaestablish�entuin NOTICE
per�it for an existing
the Burlinga�e Avenue coaaercial area at 116�D
Burlingane Avenue, zoned C—i, 5ubarea A, "`
Burlinga�e Avenue Co��oercial Area.
The City of BurlingaAe Rlanning Coa�ission
announces the following public hearing on
Monday, January i�� ���0 ers 71o�c�ted� at �01
Pri+�rose Road, Burlingape, California.
Mailed Dere�ber 29, 1999
(p/casc: rcfe:r to nther side)
;�'
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RESOLUTION APPROVING CATEGORICAL EXEMPTION 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 permit amendment for an existin� food establishment classified as a Limited Food ervice
Establishment at 1160 Burlingame Avenue. zoned C-1, Subarea A, Burlin�ame Avenue Commercial Area,
APN: 029-153-120: Gurdial S. Johal Tr, 1300 Burlin�;ame Avenue, Burlin�ame, CA 94010, �roperty owner;
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
January 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 Januarv, 2000 , by the following vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: CONIlVBSSIONERS:
SECRETARY
EXHIBIT "A"
Conditions of approval for categorical exemption and conditional use permit amendment.
1160 BURLINGAME AVENUE
effective January 19, 2000
1. that this business location presently occupied by a limited food service establishment, with
331 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 331 SF area of on-site seating of the limited food service establishment may 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 other retail 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 Midnight seven days a week with a maximum
of five employees, including the manager, on site at any one time;
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 and on sidewalk tables, in the gutter, and
in planters, in front of the store along Burlingame Avenue and Lorton Avenue, and within
50' of the premise of the store and shall maintain a clean and sanitary sidewalk area;
8. that the project shall be built as shown on the plans submitted to the Planning Department
and date stamped June 10, 1992, Sheets A-1, A-2, A-2.1, A-3 and July 20, 1992, Sheet A-5
with a total of 42 seats;
9. that the basement cannot be used as a part of the business operation;
10. that this business shall provide and maintain on or more trash receptacles outside the door
in the streetscape design at locations approved by the City Engineer; and
11. that the project shall meet Uniform Building and Uniform Fire Code requirements as
amended by the City of Burlingame.
.�� °'T" � STAFF REPORT
BURLINGAME
'�,� ; t ,-
�n ��e.
TO: HONORABLE MAYOR AND CITY COUNCIL
DATE: SEPTEMBER 25, 1997
FROM: POLICE CHIEF, PUBLIC WORKS DIILECTOR
AND CITY PLANNER
AGENDA
ITEM # � A
MTG.
DATE 10.06.97
SUBMITT D
BY �,
A PROVE
BY
suBJECT: DISCUSSION AND PROPOSED ACTION PROGRAM TO CONTROL
NLTISANCE ISSUES AT STARBUCKS COFFEE, 1160 BLTRLINGAME
AVENUE.
RECOMMENDATION:
City Council should review and discuss. The action program discussed below was developed
by staff to address the issues presented and observed to be happening on the sidewalk in front
of Starbucks Coffee, 1160 Burlingame Avenue, extending around the corner along the store's
frontage on to Lorton. After review council should direct staff.
BACKGROUND:
On September 22, 1997, the Police Chief, Public Works Director and City Planner, met with
four representatives of Starbucks Coffee, including the two shift managers at the Burlingame
Avenue store, to discuss the problem of customers congregating on the street in front of the store
hassling pedestrians walking by. Other components of the problem are sidewalk tables and
chairs migrating away from the 2 foot strip in front of the business and blocking pedestrian
movement and of general sidewalk cleanliness and litter control.
To date the Starbucks staff has worked cooperatively with the city to address the problems
caused by their customers and their friends who congregate on the sidewalk in front of the store.
They have been power washing the side walks in front of the business once a week; two weeks
ago they increased the power washing to twice a week. This washing occurs at night after the
close of the business at 11:00 pm or 12:30 pm. They employ a private security guard for the
evening hours, and intend to continue to do this. They will also continue not to place any tables
or chairs on the Burlingan�e Avenue street frontage. Finally they will continue to call the police
before situations in the store or on the sidewalk escalate to the point where they result in serious
injury or property loss.
Staff had rnade up a list of actions before our meeting with Starbucks representatives which we
felt the ciry and Starbucks could jointly undertake to reduce or eliminate these problems. It was
clear at the meeting that the Starbucks' representatives also felt there was a problem. They were
open to undertaking aggressive programs on their side to address them as well. We and they
DISCUSSIONAND PROPOSED AC770N PROGRAM TO CONTROL NU/SANCE ISSUES AT STARBUCKS COFFEE, 1160 BURLINGAME AVENU¢age -2-
agreed to do the following and then to meet again in 30 days to evaluate the effectiveness of the
programs. They also agreed with us that if these programs were not effective then other, more
extensive steps would need to be taken.
The programs agreed to were:
City program to work on:
- Continue conspicuous police presence on Burlingame Avenue, especially after 6 p.m.,
including a new foot patrol commencing September 25, 1997;
- Institute an "officer friendly" program: on duty police sit with patrons randomly and have
coffee in the evening hours.
- Work with merchant to ban key problem people.
- Add a third city trash can of the Streetscape design on the Lorton Avenue side near Starbucks
Lorton entrance, if available.
- Change hours on loading zone so it cannot be used for motorcycle/automobile parking at any
time.
- Research changing the western most parking space on the north side of Burlingame Avenue
to disable accessible parking space to discourage parking of multiple motor cycles or cars
there during the evening hours.
- Contact Noah's Bagels, warning them that they are responsible for keeping their tables and
chairs in front of their business in accordance with their encroachment permit.
Starbucks program to work on and achieve within 30 days:
- Continue to ban tables and chairs on the Burlingame Avenue street frontage of Starbucks.
- Put plastic bag liners in the two city and two Starbucks' sidewalk trash cans daily to keep
better control of leakage onto the sidewalk.
- If plastic bag lines in the street side trash cans do not control the problem of coffee products
on the sidewalk, Starbucks staff will wash down the sidewalk under the trash cans daily.
- Post tables 30 minute maximum use per customer after 6 p.m.
- Secure tables in a manner acceptable to the city to the wall so that they cannot be moved
during business hours.
- Install planter boxes on Burlingame Avenue side window seating.
- Install security cameras inside and outside, clearly visible to customers inside and outside.
- Enjoin known problem customers and exclude them from service (4 or 5 known individuals)
- Contact the newspapers who have racks along the Lorton Avenue frontage and see if the
racks can be relocated across the street.
- Until the city has a trash can available, Starbucks should provide adequate trash cans on the
sidewalk on the Lorton side of the business.
We planned on meeting again on October 20, 1997, to review the progress that had been made
by instituting the above changes. We agreed that we would measure our success in addressing
the issues by: the number and nature of the police calls received in the intervening month; the
number and kind of complaints received by Public Works, Planning and other city departments
and representatives; by our observations in the field; and by compliance with the requirements
of the encroachment and conditional use permit. If necessary more aggressive programs would
be pursued at that time.
D/SCUSSIONAND PROPOSED ACfION PROGRAM TO CONI'ROL NUISANCE ISSUES AT STARBUCKS COFFEE, 1160 BURLlNGAME AVENU�age -3-
Overall the Starbucks' staff has been cooperative. They will continue to power wash the
sidewalks twice a week. Two weeks ago they increased the power washing from once to twice
a week. They have agreed that if liners and power washing continue to be unsatisfactory, then
they will wash the sidewalk under the trash cans daily. They will also continue their private
security guard, and will place no tables or chairs on the Burlingame Avenue side of the street.
They will continue their signage on the windows directing the limitations on sidewalk seating,
and add the additional limitations requested at our meeting.
/M
STBKSCL&.229
ATTACHMENTS:
City Council minutes, September 15, 1997