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Home My WebLink About1219 Burlingame Avenue - Staff ReportCITY OF BURLINGAME AMENDMENT TO CONDITIONAL USE PERMIT Address: 1219 Burlingame Avenue Item � � Meeting Date: 1/10/00 Request: Amendment to a conditional use permit for an existing food establishment in the Burlingame Avenue commercial area at 1219 Burlingame Avenue, zoned C-1, Subarea A, Burlingame Avenue Commercial Area (C.S. 25.36.040, fj. Name of Food Establishment: Cafe La Scala APN: 029-204-030 Property Owner: Paul A. Ohm Tr Et Al Lot Dimensions and Area: 5,500 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. 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 January 1994, the Planning Commission approved a conditional use permit and parking variance to expand the floor area of Cafe La Scala at 1219 Burlingame Avenue (February 8, 1994 approval letter and January 24, 1994 P.C. Minutes). Since Cafe La Scala currently has a conditional use permit, this application is for an amendment to the existing conditional use permit as required by Ordinance 1619. Since no change is proposed to the floor area of the site occupied by the food establishment, there is no change to the one space parking variance granted to allow the addition of a storage shed at the rear of the site. The Food Establishment Table by Type defined the food establishment located at 1219 Burlingame Avenue as follows: • Business Name: Cafe La Scala • Business Address: 1219 Burlingame Avenue • Category: Full Service Food Establishment • Seating Area: 960 SF Amendment to Conditional Use Permit 1219 BurlingameAvenue The current food establishment located at 1219 Burlingame Avenue, Cafe La Scala, is classified as Full Service with 960 SF of on-site seating. In the July 1998 survey for Cafe La Scala, it was noted that at this premise food is ordered and paid for after consumption, is served by waiters, and is served on ceramic plates with metal flatware. 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: Full Service (Cafe La Scala) Seating Area: 960 SF EXISTING Full Service (Cafe La Scala) 960 SF ALLOWED/REO'D *food establishment requires a conditional use permit �I.117►y � * 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 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 2 � Amendment to Conditional Use Permit 1219 Burlingame Avenue area, signage, meet 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 full service food establishment, with 960 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; 2. that the 960 SF area of on-site seating of the full service food 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 retail or other 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 December 21, 1993, Sheet A.O, Sheet A.1, Sheet A.2, Sheet A.3 and A.4; 7. that the conditions of the City Engineers' January 3, 1994 memo and the Fire Marshals' January 3 and 18, 1994 memos shall be met; 8. that this use permit shall not become effective, nor a building permit issued, until the property owner has obtained written agreement(s) for access easement from the adjacent properry owner(s) and approval from the Fire Department concerning the access easement requirements for the rear exit through the alley; 9. that the restaurant may be open Monday through Thursday from I1: 00 A. M. to 10: 00 P. M. , Friday and Saturday from 11: 00 A. M. to 11: 00 P. M. and Sunday from 1: 00 P. M. to 10: 00 P. M. with a mczximum of 16 employees, including the manager on site, at any one time; 10. that no seating shall be located on the meuanine and no activities other than storage shall ever take place on the meuanine; 11. that if any activities other than storage do occur on the mezzanine the stairway shall be required to be removed within 30 days; � Amendment to Conditional Use Permit 1219 BurlingameAvenue 12. that the existing wooden storage shed (9'-6" x 12') located in the parking area at the rear of the structure shall be removed and replaced with a 10' x 10' fire rated structure on a foundation attached to the rear of the building, this new structure shall not obstruct required exiting and shall receive a building permit; 13. that the eating establishment shall provide and maintain trash receptacles approved by the City and consistent with the streetscape improvements at the door, or at locations approved by the City Engineer and Fire Department; 14. that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame; and 1 S. that the property owner shall stripe and retain three (3) diagonal parking spaces at the rear of the building for use of the tenants. Ruben G. Hurin Planner c: Cafe La Scala, applicant Paul A. Ohm Tr Et Al, property owner 4