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HomeMy WebLinkAbout1205 Burlingame Avenue - Staff ReportITEM #12c CITY OF B URLINGAME CONDITIONAL USE PERMIT Address: 1205 Burlingame Avenue Meeting Date: 2/ 14/00 Request: Conditional use permit for an existing food establishment in the Burlingame Avenue commercial area at 1205 Burlingame Avenue, zoned C-1, Subarea A, Burlingame Avenue Commercial Area (C.S. 25.36.040, fj. Name of Food Establishment: La Pinata APN: 029-204-060 Property Owner: Joseph and Sandra Karp Trs Lot Dimensions and Area: 5,850 SF Zoning: C-1, Subarea A General Plan: Commercial, Shopping and Service 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. 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 Food Establishment Table by Type defined the food establishment located at 1205 Burlingame Avenue as follows: • Business Name: La Pinata • Business Address: 1205 Burlingame Avenue • Category: Full Service Food Establishment • Seating Area: 895 SF The current food establishment located at 1205 Burlingame Avenue, La Pinata, is classified as Full Service with 895 SF of on-site seating. In the July 1998 survey for La Pinata, it was noted that at this premise food is ordered and paid for after consumption and that food is served by waiters on ceramic plates with metal flatware. The hours of operation for the business were from 11:00 a.m. to 11:00 p.m. seven days a week, with a maximum of 30 employees on site at any one time. 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. Conditional Use Permit PROPOSED Use: Full Service (La Pinata) Seating Area: 895 SF EXISTING Full Service (La Pinata) 895 SF 1205 BurlingameAvenue ALLOWED/REO'D *food establishment requires a conditional use permit 895 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 Burlingame general plan and the purposes of this title; (c) the Planning Commission may impose such reasonable conditions or restrictions as it deems necessary to secure the purposes of this title and to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general vicinity. Findings for This Conditional Use Permit: Since the current regulations limit the number of food establishments to those in Subarea A as of November 1999 as approved by City Council Resolution No. 111-1999 on October 18, 1999, and this business meets those criteria; the business will operate within the limits established by that ordinance; the use will not be detrimental to the city's objective of promoting pedestrian oriented retail activity in this commercial area and therefor will be in compliance with the general plan for the area; and since the business shall be required to comply with all the city regulations including providing trash receptacles and litter maintenance in the surrounding area, signage, meeting building code requirements, and adhering to County health requirements, the operation will be compatible with the public's health and safety as well as with the character of the commercial area. 'ra Conditional Use Permit 1205 Burlingame Avenue 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: 1. that this business location presently occupied by a full service food establishment, with 895 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 perniit for the establishment change; the criteria for the new classification shall be met in order for a change to be approved; 2. that the 895 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 food 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 seven days a week from 11:00 a.m. to 11:00 p.m., with a maximum of 30 employees on site at any one time; and 9. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes, 1998 Edition, and as amended by the City of Burlingame. Ruben G. Hurin Planner c: La Pinata, applicant Joseph and Sandra Karp Trs, property owners 3 _.._w�:.�� °_� �llll..l - .- � �.�- CITY OF BURLINGAME A copy of the applicau�in and plans far tliis�pio�ec�may be reviewed prior to the meeting at '�h� , Plannin� Depaitment at "ti501 Primrose Road, Burlingame, Calif�rnia��'� - `' �" ..� ,- z, ,y� r > ,�� �`'z` G p E�d;". . . . .... If you challenge the subject applicarion(s) in court; y_ u may�be limited to raising only� os�issues }�ou or soineone else raised_a� R,�e�nblic hearing, described i� ttz�t�ot�ce or in wntten correspond c�, .. ered to the city at or prior t �b tt� �1��� hea�-ing. : .. `:: � �� � � � � . 1h:., i�.. . . ., .. . , E l� k . ,-�sw ,.�r�g^F ,.. Property o ers ore.e.�i3�e�. is notice are respo�n � or i�orming their tenants abo t thi nofice y�or' additional informatiorr� ple,v e call (650) 696-7250. � ank . �u d �� _ �� ._ n -��b6ra'ensw" ,, �A ,���. � �' �, k ' � � i�ig ';t Margaret �ai�ro� �4 �� � City Planner � ���,,� ,, . "��,,�,��`� � . , .. , . .. ,...,�: �,; _ .. . 5 ,F. � ,.:�' PUBL�C HEARING NOTICE (Please refer to other side) t��, cirr o� CITY OF BURLINGAME BURLJN ME . PLANNING DEPARTMENT � � - ���� • 501 PRIMROSE ROAD BURLINGAME, CA 94010 �, TEL: (650) 696-7250 1�0� BURLIh16AME AVENUE AF'N : �A�9-��4-�E0 � � y i . '' -.,, _ � . ,� � � � :� flpplication fo�^ awend�aent ta � conditional use pUgLIC HEARING permit for an existing food estabiishment in NOTICE the Burling�me Avenue com�ercial are� at 1��5 Burlingame Avenue, zaned G-1, 5ubarea fl, Hurlinga�ee flvenue Cammet^cial Area. The City of Burlingame Rlanning Commission �nnounces the following public hearing on Monday, �ebruary 14, 2f000 at 7:�0 P. M- in the 1 y a ounci am ers located at 5�1 _ F�rimrose Raad, Burlingame, Califarnia. M4ailed February 4, 2�0 (Plense ►•efer to other side) �. }? � a '� �: � � r'�'�� ._ . t� l �. ... .. r r . ... .,,�••'.c . :;.' c� l . , . .. .�<�� ,. �,:�,tisi ` : � � �A , � •: >.� .. ,, . ... ._ ,._ : .. :1 . . . . RESOLUTION APPROVING CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for a conditionaI use permit for an existin� food establishment classified as a Full Service Food Establishment at 1205 Burlin�ame Avenue� zoned C-1 Subarea A� Burlin�;ame Avenue Commercial Area APN: 029-204-060: T,�eph and Sandra Kar� Trs P O Box 271, Burlingame, CA 94011 r�operty owners; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on February 14, 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 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�,hran , Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the 14th day of Februarv, 2000 , by the following vote: AYES: COMNIISSIONERS: NOES: COMNIISSIONERS: ABSENT: COIVIlVIISSIONERS: SECRETARY EXHIBIT "A" Conditions of approval for categorical exemption and conditional use permit. 1205 BURLINGAME AVENUE effective February 23, 2000 1. that this business location presently occupied by a full service food establishment, with 895 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 895 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 food 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 seven days a week from 11:00 a.m. to 11:00 p.m., with a maximum of 30 employees on site at any one time; and 9. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes, 1998 Edition, and as amended by the City of Burlingame. MetroScan /San Mateo (CA) Owner : Karp Joseph & Sandra Trs Parcel : 029 204 060 CoOwner : Land : $172,025 Site : 283 Lorton Ave Burlingame 94010 Struct :$197,057 Mail : PO Box 271 Burlingame Ca 94011 Other : Xfered : OS/11/1990 Doc # : 64796 Multi-Parcel Total :$369,082 Price : Deed : Facempt : Loan Amt : Loan : Type : Lender : %Impry :53 I�estType : IntTy : % Owned : Land Use : 06 Res,Hotels,Motels TaxArea : 004001 Zoning : C100C1 99-00 Tax : $3,908.66 Legal : 65 FT X 90 FT ON COR BURLINGAME & Phone : Census : Tract : 6055.00 Block : 2 MapGrid : 728 G6 Total Rms : Stories : Units : Bathrooms : Bldg SqFl : Year Built : Bedrooms : I3ldg Style : Eff Yr Built : DiningRms : Bldg Cond : Garage Space : FamilyRms : Bldg Matl : Garage Type : Frreplace : Spa : FunctionRtng : AirMethod : Pool : Improve Type : Heat Type : Deck : LotAcres : Heat Srce : QualityClss : Lot SqF! : Attrc : Den : LotDimension : Lvng Room : Patio . The Information Provided Is Deemed Reliable, But Is Not Guaranteed. �� CITV � �� � � I � �� � i�,! �\ � i; ilr � o .h` U� - 9 0 9aon�i ��� ��� V �� � �l�l��u����� r CITY HALL — 501 PRIMROSE ROAD TEL: (650) 558-7250 PLANNING DEPARTMENT BURLINGAME, CALIFORNIA 94010.3997 FAX: (650) 696-3790 January 28, 2000 Manager La Pinata 1205 Burlingame Avenue Burlingame, CA 94010 Dear Sir or Madam, 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. This ordinance requires that each food establishment in these commercial areas obtain a conditional use permit. Attached you will find a staff report prepared by City Planning staff for a conditional use permit for La Pinata, located at 1205 Burlingame Avenue. Before adoption of this ordinance, city staff surveyed each food establishment in Subarea A and evaluated the criteria existing on the site. We would request your confirmation that the information in the staff report reflects your current application. Specifically, the seating area in your business, the hours of operation, and the number of employees. We would ask that you also carefully consider the conditions of approval listed for your business. These conditions of approval are found at the end of the staff report and include proposed conditions of approval. If you have any corrections or questions about the permit process we are following, please call Ruben Hurin in the Planning Dept. at (650) 558-7256 at your earliest convenience or no later than Monday, February 7, 2000. We expect that this item will be placed on the Planning Commission consent calendar for action at their February 14, 2000 meeting. Thank you in advance for your assistance. Please do not hesitate to call. Sincerely yours, � 0�-�.► � Ruben Hurin Planner Attachments: Staff Report with Attachments Ordinance 1619 Adopted October 18, 1999 c. Joseph & Sandra Karp, property owners _ � :;;:�� - . �..x � �#:- ��� : ,��.� � !� ,� CITY OF B URLINGAME A copy of the applicat�on and p�ans for this pTo�ect,may be reviewed piior �,.- to the meeting a�;th�°�Planpun� Department �,`�5�Q1 Primrose Road, Burlingame, California.�' "` ��" °'`' 3 `�:���� x, �., n `� , If you challe"nbe�ie subject application(s) in court, you ma�� be limited to raisin� onl A os issue s ou or someone else raised a,t�the�ublic hearing, �� � Y described i�} t o�ic� or in written coqespondence� deli:�!ered to the city "iq '' � F :' 1 at or prior tq �' �1e��g..: ;�:.��;:'.�'� `� � ` � � " i': � . `, g�, oi; ! �.1: � Property o�ers o.x ,1 rthis notice are respo i6 � or i�orming their tenants abo t thi nofice. or �additional informatio ple�se call (650) 696-7250. �hank �Qu- 3� �; : '^ r�a � � : �� �� -+�ie�t"��° ;,� �t�� ' � �`��' ��;# �� � �� : �` �� � . Margaret 1vlon�o�"',� � � '�'`� City Planner �ti �+ �' � 'e /,�" Yi''"� ��.- y'�y'f l�''�h-,'�.h J4..• 5• '..w�.:i.! :. 6 � ' � �� "tx � F �' PU B LI��C`�l=#.EAE�1 NG ��NOTICE (Please refer to ot/Ter side) tr`, cirr o� CITY OF BURLINGAME PLANNING DEPARTMENT gIJRUNCtAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 '�,.,�_ �p,�y�,-•°� TEL: {650) 696-7250 12�b� BURLIPdGAME AVENUE flF'N:��9—��4'��� Application for a�end�eent to a conditianal use pUgLIC HEARING pe�^�it for� an existing food establish�ent in NOTICE the Burlingame Aven�ae co�nercial area at 1�►�5 Burlingame Avenue, �oned C—i, 5ubarea A, Burlingame Avenue Co�mer'cial Area. The City of Purlingame F'ianning Co��ission anno�nces the following public hearing on Monday, �ebruary 14, 2fo00 at 7:00 P-M. in the 1 y � ounci �m ers located at 501 �'rimrose Raad, Burlingame, California. Mailed February 4, 200� (Please ►-efer to other side) 1 �...; �� �. �i�n.. �, .. L ♦,..`�;, � � .....� �� t; � � �.,,'d � i � w � 0 '� � :� E; i . '! , ! � . --•,�. ,, f • Y = M E T R O S C A N P R O P E R T Y R E P O R T = San Mateo (CA) ****�****���������*����*����********���**�*���*��***�************�*�*���****���*��******�***** * Date :O1/28/2000 Prepared By : * * Time :00:00:00 Prepared For:FEBRUARY 14, 2000 PC MEETING * * Report Type :SINGLELN.TCF Company :APN: 029-204-060 * * Sort Type :PARCEL Address :1205 BURLINGAME AVENUE * * Parcels Printed :38 City/ST/Zip :BURLINGAME CA 94010 * ********�***�������*����*��������*+***********���*�**************������*�*****+�*����*****�*** *����*******************�*����* * Search Parameters * ******************************* Parcel Number...38 029 211 O10 thru 029 211 070 029 204 030 thru 029 204 060 029 204 210 029 204 230 029 204 250 029 204 270 029 152 050 thru 029 152 160 029 152 310 029 152 320 029 152 280 029 153 090 029 153 120 029 153 160 029 153 150 029 153 180 029 211 180 thru 029 211 260 029 152 330 MetroScan / San Mateo (CA) Parcel Number Owner Name 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 029 Site Address 1221 Donnelly Ave Burlin 309 Lorton Ave Burlingam 1200 Burlingame Ave Burl 1208 Burlingame Ave Burl 1232 Burlingame Ave Burl *No Site Address* 1294 Burlingame Ave Burl 1218 Burlingame Ave Burl 1210 Burlingame Ave Burl 1100 Burlingame Ave Burl 1150 Burlingame Ave Burl 1108 Burlingame Ave Burl 306 Lorton Ave Burlingam 321 California Dr Burlin 1221 Burlingame Ave Burl 1213 Burlingame Ave Burl 1207 Burlingame Ave Burl 283 Lorton Ave Burlingam 238 Park Rd Burlingame 9 *No Site Address* *No Site Address* 1227 Burlingame Ave Burl 1101 Burlingame Ave Burl 265 California Dr Burlin 261 California Dr Burlin 251 California Dr Burlin 247 California Dr Burlin 245 California Dr Burlin 241 California Dr Burlin 218 Lorton Ave Burlingam 226 Lorton Ave Burlingam 240 Lorton Ave Burlingam 246 Lorton Ave Burlingam 254 Lorton Ave Burlingam 263 Hatch Ln Burlingame 264 Lorton Ave Burlingam 268 Lorton Ave Burlingam 1111 Burlingame Ave Burl The Informatinn Frovided Is Deemed fteliablt, BuC Is Not Guaranteed. 152 152 152 152 152 152 152 152 152 153 153 153 153 153 204 204 204 204 204 204 204 204 211 211 211 211 211 211 211 211 211 211 211 211 211 211 211 211 050 100 110 120 160 280 310 320 330 090 120 150 160 180 030 090 O50 060 210 230 250 270 O10 020 030 040 050 060 070 180 190 200 210 220 230 240 250 260 Britton Patricia Ann T Kirkbride Bruce C Et A Kirkbride Bruce C Et A Lassiter Wayne S& J L World Gregory F Genera City Of Burlingame Nick Delis Company Inc Hammer I Llc Offield Archie L Jr Schmidt Nathan & Maril Johal Gurdial S Tr Kao Lorenz Kao & Louis Melroz Lorton Limited Sabatini Donald F & P Ohm Paul A Tr Et Al Wagner Fernand J& S D Karp Joseph Tr Karp Joseph & Sandra T Stagi Jim L Tr City Of Burlingame United States Of Ameri Kirkbride Bruce C Et A Fisher Sandra Trust City Of Burlingame Riadal Llc Provost Doreen S Tr Et Ivani Barbara M Truste Azar Basim S& Linda J Casey John J & Patrici Macphee Ila A S L Griffiths Inc Mausser Christopher C Lawrence Investment Co S L Griffiths Inc Piazza Scott & Mary Ehikian Richard G & Do Ko Rosalinda W H Fisher Sandra Trust YB Owner Phone 650-697-1151 650-344-4470 650-344-4470 650-341-7079 650-343-9372 650-685-5666 650-588-5658 650-342-7694 650-344-4470 650-347-4637 415-922-8488 ie" i� is �5 U� 7 O� Q ° /2 � � • ' :;.49' .8 3S5 3G' 41.29 i50' i0G 5--- 9� ' 40.OT 41 5' g 750' , a�ioo AVE. � _ � // D �._ �200 ��so' a �oo ,z9• 245. 4S � 55' a' �'�B' -50' G4.5 Gd 5' � � 14.83 0 ^ ^ I � S N � = /D � 9 0 �� ��� �S� �_.---- --.-_ �__ . .. - - . � - - .-_,�_ m WI -- — — — 28 � -- _,,��_?s' — --'��S— � � ,n � _ �'. - _ �"� I: 4 � .7 8 O- � _ I52 =� ------ --___--- �� 83 I 53 83 m� �� �, � , — - - 12 8 _ 55 55'' - .? / /0 _ �2 GO': 50 05 � r� - - 6 5 �5' Go' � �' �50 �6 92.25_ � 9T 25' N �5 -__ 25' S0 BG.27' � N � � 3 � 4 �. e r'� u�i 2 `o O �n �- ' oo - n, ,., m -- — I� 94.9 A' -- - - � 58.33' 36. 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TB. �C a5 i a ZG_ EASE � ;40' � - /5 3 ; o � - O � i� � � _ � � c�2 ,50' S.T. 8. — — — — — � : I a0' - m � - ioo' 5p � -- �c -ro� `�' j _ ^ kl � _ � � m � /G m � 70' �I 70' o' I� � — — o oo' 40' Q 100' O — — — — — � Z � � O c� 6 0 7C' � 26 0 24 ; /2 -� � l5 � /4 � /3 � i RS' / i\. � �So' eo' �5, GS' t• � !.c' do' aJ' 2�� I4p� ' /200 -------- —.uGB'30' E--�� A VE. m g HOWARD � CITY OF BURLINGAME AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIA ) ) COUNTY OF SAN MATEO ) Erika Lewit , being duly sworn, deposes and says: that she is a citizen of the United States, over the age of 18 years, that acting for the City of Burlingame on the 4th day of February, 2000, she deposited in the United States Post Office a NOTICE OF PUBLIC HEARING, a copy of which is attached hereto, with postage thereon prepaid, addressed to the persons listed on the addresses attached hereto and made a part hereof, to wit: that said persons are the owners of said property who are entitled to NOTICE OF HEARING pursuant to the Ordinances of the City of Burlingame that on said day there was regular communication by United States Mail to the addresses attached hereto. �lC+�'-��'� �,GG� 1205 BURLINGAME AVENUE