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HomeMy WebLinkAbout1207 Burlingame Avenue - Staff ReportITEM #12d CITY OF BURLINGAME CONDITIDNAL USE PERMIT Address: 1207 Burlingame Avenue Meeting Date: 2/ 14/00 Request: Conditional use permit for an existing food establishment in the Burlingame Avenue commercial area at 1207 Burlingame Avenue, zoned C-1, Subarea A, Burlingame Avenue Commercial Area (C.S. 25.36.040, fl. Name of Food Establishment: Round Table Pizza APN: 029-204-050 Property Owner: Joseph Karp Tr Lot Dimensions and Area: 4,500 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 1207 Burlingame Avenue as follows: • Business Name: • Business Address: • Category: • Seating Area: Round Table Pizza 1207 Burlingame Avenue Specialty Shop Food Establishment 785 SF The current food establishment located at 1207 Burlingame Avenue, Round Table Pizza, is classified as Specialty Shop with 785 SF of on-site seating. Round Table Pizza also offers delivery of prepared food from this site. 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 Round Table Pizza. Since there were no comments to the contrary, the data collected in the 1998 survey is used as the basis for this permit. The hours of operation for the business were from 11:00 a.m. to midnight, seven days a week, • Conditional Use Permit 1207 Burlingame Avenue with a maximum of 6 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. PROPOSED Use: Specialty Shop (Round Table Pizza) Seating Area: 785 SF EXISTING Specialty Shop (Round Table Pizza) 785 SF ALLOWED/REO'D *food establishment requires a conditional use permit 785 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. 2 ' Conditional Use Permit 1207 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, occupied by a specialty shop with 785 SF of on-site seating, may be replaced by another specialty shop at the same location within the same or less leased square footage subject to the conditions of this conditional use permit, or shall be allowed to change to a different type of food establishment with a new conditional use permit; that if this specialty shop food establishment is changed to any other type of food establishment classification, this site shall not return to specialty shop use; 2. that the 785 SF area of on-site seating of the specialty shop shall be enlarged 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 unprovements 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 there shall be no food sales allowed at this location from a window or from any opening within 10' of the property line; 6. 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; sPce�ar¢.Y sl►o� 7. that this ��.u.�ce� food establishment may be open seven days a week from 11:00 a.m. to midnight, with a maximum of 6 employees on site at any one tune; and 8. 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: Round Table Pizza, applicant Joseph Karp Tr, property owner 3 �x �4?�.-.' ? ", �.:,.w.;W 3w�,wF✓"..r,:..�_..a.��.,w'._,.s.axa�.,.= - CITY OF BURLINGAME � � � � �� A copy of the applica��anc� ans���i�°pro�e�maY be reviewed prior to the meeting a��� �lar��'�n� Dep �`ar`t�nent at `5�1 Primrose Road, Burlingame, Cal�f �r����� z ��:�` `� " ��,:��` � � � �k�� ,�� ���'��`;���� �'�����_� � �"�; '' . � If you chal �nge��Ybj�ct�apglic�dn��� ut court,'�; u ma�be limited to ` � ° - ' �" ih ��blic hearin , ' raising onl ��xhos '�ssues : t��or s�tneon� �is� ra�sed a � e., g '4Jx.4.3_,d...'�`.ac..'�'an�'uv u«:A.a: a k... ...:., �._..m3 "1' described i R t�, c�.��wr�t� � c�r�eSpa��deuc� eli:�ered to the city t� � ' at or`prior t � �t� �� �� �� � � � ,�, ' �. r� �. � � _ , , ' Property o ers m4�'ee�ei . � �°�ponsi = or ii�%rming their ' tenants abo�t thi no ����. �� I� ,,� lnformatio ple'�.se call (6S0) wti �� � ' 696-7250. ' ank � �u �� , `�' ,�� ���, r � ' ��r��. +�� � k ;��� � � � : ���,�`,� ���� � ,A�t� � ��� � Margaret bt�o�,,� ��" � ��,,,r,�� '��� , � �'.�,:� �� '�c;�. �r � City Planner ��� ��:. ��� ��. :���� , w � ��, � �'� � ICE : , � .,. � � PU�w.��.p , ( (Please refer to other side) � — --- .�; . .: _ _.___..� . _i .. ��. —. . ..-� .__- � —. -�'rY . �CITY OF BURLINGAME ' suRun�arne P�NNING DEPARTMENT 501 PRIMROSE ROAD : BURLINGAME, CA 94010 ' . TEL: (650) 696-7250 1��7 BURLiiVGflME RVEiVUE � AF'N;Q��9=��4-��4'1. ` app�i�ati4n tor amenamEnt ta a� conart�ional���: �� _pUBLIC HEA�RING� u5e per mi� far an' existing food NQ.��CE eatablishment in the,�urlingame Awenue com�ercial �rea at 1��7 Rurling��e Avenue, zoned C-1, Subarea A, Purli'ngame Aven:ue Com�ercial Area. The City of 'Hurlingame Planning,Co��i`ssion., 'announces the following public hearing on Monday,.: February 14, �000 at 7:00 P.M. in e i y a ounci ambers iocated at 5V�1 F'rimr�ose Road, Burlingam�, C�1 ifornia. ; �Ct��s'ee��,��o�bt�side) �-------._. �«.,�^.�nc+��'=�a . :ax�„� � � �. �. . ; �- � ��:� r � �, ; . � ;' • ��;`* �, �. �, . . RESOLUTION APPROVING CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT RESOLVED, by the Planning Coinmission of th� City of Bur�lingame that: WHEREAS, a categorical exemption has been proposed and appiication has been made for a conditional use permit for an existins food establishment classified as a Specialty Shop Food Establishment at 1207 Burlin�ame Avenue�zoned C-1 Subarea A Burlin�ame Avenue Commercial Area. APN: 029-204-050: Jose�h Karp Tr P O Box 271 �Burlin�ame, CA 94011, propertv owner; Wf-�REAS, 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 sta�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. C�;[��IIRMAN I, Ann Keig,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: CONIlVIISSIONERS: ABSENT: COMNIISSIONERS: SECRETARY EXHIBIT "A" Conditions of approval for categorical exemption and conditional use permit. 1207 BURLINGAME AVENUE effective February 23, 2000 that this business location, occupied by a specialty shop with 785 SF of on-site seating, may be replaced by another specialty shop at the same location within the same or less leased square footage subject to the conditions of this conditional use permit, or shall be allowed to change to a different type of food establishment with a new conditional use permit; that if this specialty shop food establishment is changed to any other type of food establishment classification, this site shall not return to specialty shop use; 2, that the 785 SF area of on-site seating of the specialty shop shall be enlarged only by an amendment to this conditional use permit; 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 there shall be no food sales allowed at this location from a window or from any opening within 10' of the property line; 6. 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; 7, that this full service food establishment may be open seven days a week from I1:00 a.m. to midnight, with a maximum of 6 employees on site at any one tune; and 8. that the project shall meet all the requirements of the Uniform Building and Unifortn Fire Codes, 1998 Edition, and as amended by the City of Burlingame. MetroScan / San Mateo (CA) Owner CoOwner Site Mail Xfered Price Loan Amt Lender VestType Land Use Zoning Legal Census Total Rms Bathrooms Bedrooms DiningRms FamilyRms Fireplace AirMethod Heat Type Heat Srce Attic Lvng Room Karp Joseph Tr 1207 Burlingame Ave Burlingame 94010 PO Box 271 Burlingame Ca 94011 O1/27/1999 Doc # : 14140 Deed : Aff Death Of Jt $650,000 Loan : Conventional Peninsula Bank Of Commerce Trust\Trustee IntTy : Fixed 12 Com,Store And Office Combination C100C 1 45 FT X 90 FT ON BURLINGAME AVE COM Tract : 6055.00 Block : 2 Stories Bldg SqFt Bldg Style Bldg Cond Bldg Matl Spa Pool Deck QualityClss Den Patio Parcel Land Struct Other Total Exempt Type % Impry % Owned Ta�lrea 99-00 Tax Phone MapGrid Units Year Built Eff Yr Built Garage Space Garage Type FunctionRtng Improve Type LotAcres Lot SqFt LotDimension 029 204 O50 $212,474 $247,886 $460,360 54 100 004001 $4,847.82 728 G6 The Information Provided Is Deemed Reliable, But Is Not Guaranteed.