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
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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��'� - `' �"
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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. : .. `:: � �� � � �
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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)
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PUBL�C HEARING NOTICE
(Please refer to other side)
t��, cirr o� CITY OF BURLINGAME
BURLJN ME . PLANNING DEPARTMENT
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BURLINGAME, CA 94010
�, TEL: (650) 696-7250
1�0� BURLIh16AME AVENUE
AF'N : �A�9-��4-�E0
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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
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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.
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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
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CITY OF B URLINGAME
A copy of the applicat�on and p�ans for this pTo�ect,may be reviewed piior
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to the meeting a�;th�°�Planpun� Department �,`�5�Q1 Primrose Road,
Burlingame, California.�' "` ��" °'`' 3 `�:����
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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,
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described i�} t o�ic� or in written coqespondence� deli:�!ered to the city
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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 � � :
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City Planner �ti �+ �' � 'e /,�"
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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)
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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 *
********�***�������*����*��������*+***********���*�**************������*�*****+�*����*****�***
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* 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
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A VE. m g HOWARD
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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