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Home My WebLink About1216 Burlingame Avenue - Approval Letter�� CITY Q R � BURLJNOAME �..m os . �i e• CITY OF BURLINGAME Planning DeparVnent City Hall - SOI Primrose Road Burlingame, California 94010-3997 Tel. (650) 558-7200 January 20, 2000 Archie L. Offield Jr. 310 Pepper Avenue Burlingame, CA 94010 Dear Mr. Offield, Since there was no appeal to or suspension by the City Council, the January 10, 2000 Planning Commission approval of your conditional use permit amendment application became effective January 19, 2000. This application was for an existing food establishment classified as a Full Service Food Establisliment in the Burlingame Avenue commercial area at 1216 Burlingame Avenue, zoned C-1, Subarea A, Burlingame Avenue Commercial Area. The January 10, 2000 minutes of the Planning Commission state your application was approved with the following conditions: 1. that if the on-site fire sprinkler system is not properly connected to the water supply to the satisfaction of the City Engineer and Fire Marshal by February 1, 2000, this business location presently occupied by a full service establishment, with 980 SF of on-site seating, shall have its food establishment designation changed to Limited Food Service Food Establishment with a seating area of 248 SF; with either designation this site may change its food establishment classification only to a full service, limited food service or bar upon approval of a conditional use permit for the establishment; 2. that the 980 SF or 248 SF area of on-site seating for the full service food establishment or limited food service 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 establislunent 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 project shall be built as shown on the plans submitted to the Planning Department and date stamped June 24, 1996, Sheets 1, 2, A-1 and A-2 with the change that the door at the rear from the site into the parking be relocated so that it leaves the parking space unobstructed; January 20, 2000 1216 Burlingame Avenue page -2- 7 : L•� 10. that the conditions of the Fire Marshal's June 24 and July 15, 1996 memos and the Chief Building Inspector's July 15, 1996 memo shall be met; that a maximum of 3625 SF of the basement area shall be used for food assembly, the remaining 1875 SF shall be used for storage only; that the hours of operation for the business shall not exceed the hours of 6 a. m. to 10 p. m. daily, with a maximum number of employees of 17, including the manager on site, on site at one time; that seating on site, inside, shall not exceed 110 and seating outside shall conform to the requirements of any encroachment permit issued by the city; 11. that the applicant shall purchase and maintain at least once a day, more often if necessary, two trash receptacles placed on the sidewalk outside the building at a location approved by the City Engineer; these two trash receptacles shall be of the type approved by the city as a part of the streetscape plan adopted by the City Council and shall be installed no later than January 1, 1997; 12. that all deliveries to this business shall be made from the Donnelly Avenue side of the premise; 13. that the applicant shall remove once a day or more frequently if the City determines it to be necessary, all debris on the sidewalk, on sidewalk tables fronting this premise, in the gutter and in planters within 50 feet of the store; and 14. that the project shall meet all the requirements of the California Building and Fire Codes 1995 Edition as amended by the City and that any lack of compliance with these conditions or change to the business or use on the site which results in a change which would affect any one or more of these conditions shall require an amendment to this use permit. The decision of the Council is a final administrative decision pursuant to Code of Civil Procedure Section 1094.6. If you wish to challenge the decision in a court of competent jurisdiction, you must do so within 90 days of the date of the decision unless a shorter time is required pursuant to state or federal law. Sincerely yours, I'�- Ma�et onroe City Planner RH\s 1216bud.cca c. Copenhagen Bakery, applicant 1216 Burlingame Avenue Burlingame, CA 94010 Chief Building Inspector Chief Deputy Valuation, Assessor's Office (SWLY 75 FT LOTS 1& 2 BLK 2 BURLINGAME LAND CO NO 2 RSM D/38; APN: 029-152-330) ROUTI'VG FORIVI DATE: 2 '�I � TO: CITY �NGINEER CHIEF BTJILDING INSPECTOR _ � FIRE MARSHAL PARKS DIItECTOR CITY ATTORNEY FROM: CITY PLANNER/PLANNER SUBJECT: REQUEST FOR v �C „ _ . � . AT � �'-�Z��..� 9 Gf/Ll T/ /�� SCHEDULED PLANNING COMMISSION ACTION MEETING: REVIEWED BY STAFF MEETING ON MONDAY: �/�� THANKS, Jane/Sheri/Leah ` �' Z�� Date of Comments , � ��.P�vo�-P �5�. c�- 3-��..� w(Lcr c��U�� IV"�l (Z..� �3�5�� I. �`c-v�S � g� �2O�c-�:� �`I �1v�t,�t.r�f1G (� iz� sP�'t � �.c�2� r ,� 2 . ��-� �� i�� L � f�� f��-US i C..� c` c4- �-� ti1 t-�t �Sl�..� , � �� ,� � � '�S l�IZ:L� � �(. 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FROM: CITY PLANNER/PLANNER SUBJECT: REQUEST FOR AT � � � SCHEDULED PLANIVING COMMISSION ACTION MEETING: REVIEWED BY STAFF MEETING ON MONDAY: � � �� THANKS, Jane/Sheri/Leah Date of Comments �� G%%�-�' ,�%�� / /� � �� - �j �'�� '�o� 0�� d�'� ��o��-�� ,�� = i�� = � � _ �� . � � Rourrnvc- roi� DATE: 2 '�'j 6 TO: CITY �NGINEER CHIEF BTJ�DTNG INSPECTOR �_ FIItE MARSHAL PARKS DIR�CTOR CITY ATTORNEY FROM: CITY PLANNER/PLANNER SUB7ECT: 1tEQUFST rOR v �C .. _ . , . 6 1 c AT �� /1 � SCHEDULED PLANNING COMMISSION ACTION MEETING: REVIEWED BY STAFF MEETING ON MONDAY: �� .- �L �%�� THANKS, Jane/S heri/Leah `�' - Z�" � � Date of Comments � � �X.P�1v� S � � � � � 3-�j�i��..r� wL�c� cr�tis � fi�I� � tiY� 2-� 3�s�-� ti I f��z ��s -� `�� r�>-c�-�:�<� �`I �v�(�t�T1C, i� �z-� SP�.I � ��ti2� � �� 2� �� g� i�l�. �: � �� f� N�.� � �� i� �..� �V 1.�.�►,�,� ��S �- - 1-ft; ��Z �- �c �� _ � i j j � v� r � J�i�' ��.TZ�� ; <_;�� _ C' � -� '. i � .. 1 c (Z� .a�� ►�_�� r. ,� � N`luS: i i�� l��t� [�i ��'�:;� � �`i l� �:� �'�� : � �=�J C �_ � � 7'''� �- � i�''S�t C� � ^ , � G'o�cvY; Spr«ccl�S z�'� N��urr� �a�- '. U �fti,P_ l.�asc.�. e�� df'8nsyoti ,�yr%�'►2-�L� � UJ�� " � ROUTING FORM DATE: I � 1 aC� , TO: CITY ENGINEER CHIEF BiJ7LDING INSPECTOR � FIRE MARSHAL PARKS DIRECTOR CITY ATTORNEY FROM: CITY PLANNER/PLANNER � /� r'� (�,/ SUB7ECT: REOUEST FOR � AT SCHEDULED PLANNING COMMISSION ACTION TING: REVIEWED BY STAFF MEETING ON MONDAY: � THANKS, Jane/Sheri/I.eah �� —� � Date of Comments I. �%O�� r1'� J� K i t C. i fi'`� t.� (� i: � 1 S W,(v (� ��v `� ( 2� c� ��J Z i� ��n1=� � g .: � �� r^ _- � �� .; L�..�� , ' l � �. / � ROUTING I'OI2M DATE: � � ` � �" TO: CITY ENGINEER �_ CFIIEF BUII�DING INSPECTOR FIRE MARSHAL PARI�S DIRECTOR CITY ATTORNEY - -- - � FROM: CITY PLANNER/PLANNER SUB7ECT: REQUF�,ST FOR AT � 2 � SCHEDULED PLANrTING COMMISSION ACTION MEETING: REVIEWED BY STAFF MEETING ON MONDAY: � � � j� G THANKS, Jane/Sheri/Leah Date of Comments /f/� /r�'%� ,/�� //l� G� ��'� �'�- � �� - �� '�� -��'�o,� �� . �, �D�d�� o�� ,�: � . �� %� �� i�" �� - � � G� � � � - �ity ofBurlingame Planning Con:mission Minutes January 1 C, 2000 Bayshore Highway, shall be ope ted by two commissioned agents from a desk in the lobby area between the hours of 8 am to 5 pm, 7 days a week, and t t all rental contracts shall be written and signed in Burlingame; 21) that 6 parking spaces shall be reserved for car renta �ehicles in the garage and no car shall be store in one of these s ces for more than 72 hours; there sha11 be no rental car parked in the surface parking lot; 22) that no rs shall be servic d, cleaned, washed or repaired on the Mamott site; 23) at car rental customers shall not exceed 700 r month and any hange to the operating limits of the car rental use shall re ire an amendment to this use permit; 24) that b ore charging fo on-site guest parking the applicant shall apply for and rec 've a sign permit or sign exception, if necessa to install appro 'ate directional signage; 25) that the conditions of the S'or Building Inspector's September 9, 1997 mo, Fire Marsha 's August 25, 1997 and September 8, 1997 memos, Senio Civil Engineer's September 11, 1997 memo, raffic Engineer's September 10, 1997 memo and the City Engineer's Sep ber 22, 1997 memos shall be met and that t ere shall be no temporary tents for y purpose installed in required parkin or access areas on this site; 26) that storage i� the parking garage shall be limite to areas permitted by the Burlingame ' e Department and not designated as parking spaces on the plans date stamped tember 10, 1997 (Sheets 1&2); 27) tha n-site security and patrol shall be provided; 28) that during construction all parki for construction equipment shall be pr ided on-site and a supervised program for on-site and off-site parking for const ction workers shall be approved by th epartment of Public Works; 29) that the hotel shall install oil separating traps r runofi from parking areas and main in oil separating traps on a regular basis as approved by the city; 30) that up to 51 parking spaces in the below grade rking garage shall be designated for valet parking; 31) that any change to the eration of valet parking affecting the e charge or the area used shall require modification ofthis use permit; 32) that lon term airport parking for a fee or no fe hall not occur at this site (including "sleep, park & fly" promotions) without am dment to this permit; 33) that a fee m be charged for self-park visitors at a rate of up to $1.00 per hour for the first four ours, and $1.00 thereafter and any cha e to this fee shall be reviewed by the city at a publi hearing; 34) that 14 space emain on the site for the purpose o ublic access in the location indicated on the plans a tamped February 19, 19 (Sheets 1&2), and that these space hall be clearly marked as public access spaces and shal main unrestricted (outsi any parking control gating) and tha o fee shall be charged for these spaces at any time; any visions to these public a ess spaces require the permission of e Bay Conservation and Development Comrnission prior any alterations; 35) that y change to the number of parking aces provided on site, thei configuration and/or the opera 'on of the parking contro shall require amendment to this use ermit; 36) that this perm' shall be reviewed for comp ' nce with its conditions ' one year (January, 2002) and ev two years thereafter; an 7) that the hotel shall report the city twice a year in onth intervals the number of cars 'ch have parked longer tha 24 hours and are not regist d hotel guests and the u e permit shall be reviewed if more t n 10% of the on-site parkin aces are employed for tlu uration. Motion was seconded by C. Vistica. Comment on the motion: is re a required review for t�he entire conditional use permit, yes in condition 36, two years (2001) and every two y.ears the after; condition 29 refers to oil separators in on-site catch basins would like to have them checked for compliance, sta ill see that they are on the compliance�eck list for the regular inspections of the site; sh ld we change the date in the ndition for the first regular review to\2002, yes, maker of motion and second agreed to a end condition 36 to have firs �equired review in 2002. � � Chairman Luzuria a called for a voice vote on the motion to approve the request to i rease the short term parking rate to $1 for each of the first four hours and to change the required review for compliance ' the conditions on the site to 2002. The motion passed on a 5-0-1 (C. Keighran absent) voice vote. Appeal procedures�were advised. 1216 BURLINGAME AVENUE -�11V�NDMENT TO CONDITIONAL USE PERMIT FOR AN EXISTING FOOD ESTABLIS�IlVIENT, ZONED G1, SUBAREA A, BURLINGAME AVENUE COMI��RCIAL AREA: (COPENHAGEN BAKERY, APPLICANT AND ARCHIE L. OFFIELD, PROPERTY OWNERI Reference staffreport, 01.10.00, with attachments. City Planner and Commission discussed the report, reviewed criteria and Planning Department comments. Fourteen conditions were suggested for consideration. There were no questions of staff. CP Monroe noted the memo from the fire inspector at the commissioner's desks indicating that there are some other fire code violations on the site in the retail area (basement and first floor) which need to be corrected, also by February 1, 2000; along with the Fire Marshal's requirements o€connecting the fire sprinkler system. Commissioner asked staff how exact was the measurement of the remaining seating area (248 SF) in the original leased space, measurement was taken from the plans used for the building permit for the remodel. There were no further questions of staff. City ofBurlingame Planning Comnrission Minutes January 10, 2000 Chairman Luzuriaga opened the public hearing. Ralph Neilson, Copenhagen Bakery, 1216 Burlingame Ave., spoke noting that they have a problem with the sprinkler connection, felt that the Fire Marshal had been patient, landlord is responsible for installing the sprinkler system, spoke with him today to try to see when he could get it done; the water main that needs to be connected to is on the other side of Burlingame Ave. had hoped that the main would be relocated by city closer to their point of connection but it never happened; they will try to get a contractor to make one connection to do this but don't know if it can be done by February 1; there are a few other items not taken care of, inspector has asked that these be done, need to get an electrician in to do them, he has not come, these include holes in the ceiling in the basement; he noted that his insurance would go down once the site is hooked up to the.sprinkler system; he would like extra time to get these things done. Commissioner clarified sprinkler system has been installed, it just hasn't been connected to the water supply, yes; feel an unsprinklered building is a major problem; Copenhagen has been in this building 23 years without sprinklering, had to add because of seismic work and improvements made; could not do any work in the street during the holidays; was the sprinkler system a part of your remodel, no the landlord provided it; how much time would you need to get the system connected, do not know. Sr. Engineer noted installing the connection will require an encroachment permit from public works, once have acceptable plan this should take 20 minutes will also have to post a bond to get the work done. CA noted applicant has had three and a half years to create the design and drawings, needed this work to design system installed in building, there must be drawings. Commissioner noted that the building owner has no motivation. CA the commission cannot extend any enforcement times in this case, on February 1, 2000, the Fire Marshal and Chief Building Official will shut down part of the restaurant and basement, the property owner and merchant made that choice. The owners did not appeal the Fire Marshall's December 14, repair order. Commission asked if site could keep the full service food establishment designation. CA noted that installation of an operational sprinkler system was a condition of the original permits issued by the commission to expand the food establishment and grant a take-out permit, this applicant is in violation of that permit as well. Commissioner, does not seem to make sense to change designation and then require applicant to reapply to change back once sprinkler system connected, makes work for the commission; would it be better to postpone action on this conditional use pernut. CP and CA pointed out that without the expansion area site does not meet the criteria in the ordinance for a full service food establishment, meets criteria for limited food service. Commissioner, if another restaurant reduced its size and service what would it be required to do, CP apply for an amendment to its conditional use permit. Commission condition proposed would allow full service food establishment up to February 1, and beyond if fire sprinklers are connected, if not Fire Marshal will close off part of the site and, under the condition, the classification will change to Limited Food Service. C. Bojues moved to approve the conditional use permit amendment with the conditions proposed by staff as follows: 1) that if the on-site fire sprinkler system is not properly connected to the water supply to the satisfaction of the City Engineer and Fire Marshal by February 1, 2000, this business location presently occupied by a full service establishment, with 980 SF of on-site seating, shall have its food establishment designation changed to Limited Food Service Food Establishment with a seating area of 248 SF; with either designation this site may change its food establishment classification only to a full service, limited food service or bar upon approval of a conditional use permit for the establishment; 2) that the 980 SF or 248 SF area of on-site seating for the full service food establishment or limited food service 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 project shall be built as shown on the plans submitted to the Planning Department and date stamped June 24, 1996, Sheets 1, 2, A-1 and A-2 with the change that the door at the rear from the site into the parking be relocated so that it leaves the parking space unobstructed; 7) that the conditions of the Fire Marshal's June 24 and July 15, 1996 memos and the Chief Building Inspector's July 15, 1996 memo shall be met; 8) that a maximum of 3625 SF of the basement area shall be used for food assembly, the remaining 1875 SF shall be used for storage only; 9) that the hours of operation for the business shall not exceed the hours of 6 a.m. to 10 p.m, daily, with a maximum number of employees of 17, including the manager on site, on site at one time; 10) that seating on site, inside, shall not exceed 110 and seating outside sha11 conform to the requirements of any encroachment permit issued by the city; 11) that the applicant shall purchase and maintain at least once a day, more often if necessary, two trash receptacles placed on the sidewalk outside the building at a location approved by the City Engineer; these two trash receptacles shall be of the type approved by the city as a part of the streetscape plan adopted by the City Council and shall be instalted no later than January 1, 1997; 12) that all deliveries to this business shall be made from the Donnelly Avenue side of the premise; 13) that the applicant shall remove once a day or more frequently if the City determines it to be necessary, all debris on the sidewalk, on sidewalk tables fronting this premise, in the gutter and in planters within 50 feet of the store; and 14) io C'ity ofBurlingame Plan�zing Commission Minutes January 10, 2000 that the project shall meet all the requirements of the California Building and Fire Codes 1995 Edition as amended by the City and that any lack of compliance with these conditions or change to the business or use on the site which results in a change which would affect any one or more of these conditions shall require an amendment to this use permit; including the change in classification from full service to limited food service if the area of the business is reduced on February 1, 2000, by the Fire Marshal and/or Chief Building Official. The motion was seconded by C. Dreiling. On the motion: why do anything, on February 1 they will shut down the business, this action will just add a layer of Planning Commission activity, if we give them the full service designation they will not be able to use it; CP noted that the issue is that the requirements of the classification will change and compliance with ordinance will not be maintained; the conditions here tidy up the ordinance, yes. Chairman Luzuriaga called for a roll call vote on the motion to approve the conditional use permit with the conditions as proposed. The motion passed on a 4-1-1 (C. Deal dissenting, C. Keighran absent) vote. Appeal procedures were advised. RTS CP Monroe�v�i.�wed briefly the City Co��meeting of January 4, 2000. Discussion of bas ents in calculating FAR Commission direct d that the FAR for basement devel ment be placed on the agen or the spe 'al meeting on January 31, 2000; oting that the proposed project a 301 Airport would not be ready for hearin on that date b�cause the applicant h' dicated that he will submit a evised project for consideration Commissio will discuss th time for a special meeting r 301 Airport at the m eting on January 24, 2000, wh n staff has a be r idea of wha is involved in reviewing th roposed revision. Co ' ion also noted that if it the timing the di ussion of the neral Plan issues on Rollin Road also could be included in t enda for the meetin n January 31, 2�00. The ava bility of the downtown p king study was also discussed. C indicated that she woul et copies to t�he commissi ers for their information en it was available. ADJOURNMENT Chairman Luzuriaga ad��urned the meeting at 10:50 p.m. Nm•nrrEs i. io 11