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Home My WebLink About1199 Broadway - Staff Report. c�''�S P.C. 11/25/85 Item #5 NlEMO TO: PLANIVING COMMISSION FROM; CITY PLANNER SUBJECT; SPECIAL PERMIT FOR A TOBACCO SHOP IN A 481 SF AREA OF THE COMMERCIAL BUILDING AT 1199 BROAD'v�IAY, ZONED C-1 Lance McDonald is representing the shop Tobacco Way in their request for a use permit to operate in a 481 SF portion of the commercial building at 1199 Broadway, zoned C-l. A use permit is required as a condition of the parking variance granted to this location March 6, 1984. A permit was previously issued to this location for a men's wear shop in May, 1985. That tenant has left the premises. Tobacco Way proposes to have one full time and one part time employee on site. They will be open from 7:00 A.M, to 6:00 P.M. Monday through Friday, 9:00 A.M. to 6:00 P.M. Saturday, 8:00 A.M. to 2:00 P.M. Sunday. The previous business to occupy this site had two full time employees and was open 10:00 A.M. to 5:30 P.M. Monday through Saturday. City Staff Review City staff have reviewed the request. The City Engineer (October 28, 1985 memo) and the Fire Marshal (October 25, 1985 memo) had no comments. The Chief Building Inspector (November 5, 1985 memo) notes that there should be no more approvals for tenant use permits in this building until the building shell has received final certification of occupancy. Presently the bathrooms are not finished for handicapped accessibility and the addressing is done incorrectly. Applicant Letter In his letter of October 15, 1985 the tenant, Lance McDonald, states that he would like to relocate his business, Tobacco Way, from Burlingame Avenue to the space at 1199 Broadway. He intends to sell cigarettes, fine cigars, bulk tobacco, pipes and accessories, candy, magazines and newspapers. He will be open seven days a week. He will work on site with the assistance of one part time employee. His deliveries occur once a week and take about 15 minutes. Study Questions At study the Commission asked a number of questions regarding the site and completion of the building. All problems associated with completing the shell of the building have not been resolved. The Building Inspector reports that the required fixtures, doors, etc. for the bathrooms to meet handicapped accessibility requirements have not been installed. The Engineering T�epartment reports that individual tenants have misaddressed their locations and that no address identification has been placed on the rear entrance to the building. Both of these problems must be -2- resolved before certification of occupancy can be issued on the building shell. The Building and Engineering Departments have had some difficulty in getting the developer and his contractor to complete these items. Under the UBC handicapped access is required to each of the tenant areas in this building. Although this access could have been at the front or the rear of the building, the developer determined in the original design where the access ramp was to be located. He chose to place the ramp at the front of the building. For the safety of the public a raised curb and railing is required along the edge of the ramp. The Chief Building Inspector allowed the tenant at the east end of the building (United Mail Offices) to install a step and remove the curb and railing in the area between the door to his leased area and the east end of the building as a part of his tenant improvements (Building Permit No. 10356, August 13, 1985). The reason why the tenant was allowed to remove this portion of the railing was because handicapped persons were not required to use this portion of the ramp beyond the door to gain access to anything. As the pictures taken by the Planning staff in November, 1985 show, the tenant removed more of the railing and curb than he was permitted by his building permit. The Building Department has placed a red tag which stops work on the tenant's improvements for this location until the railing and curb which were not authorized for removal are replaced. No other portions of the railing can be removed because it is necessary for handicapped persons gaining access on the existing ramp to other shops to pass by their storefronts. Planninq 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. At the public hearing the following conditions should be considered: l. that this use permit shall not become effective and no building permit for tenant improvements shall be issued until the Building Department has notified the Planning Department that a certifica- tion of occupancy on the building shell including all requirements of the Building Department and proper address labeling on the front and rear entrances of each business approved by the Engineering Department has been issued; and 2. that the business in this 481 SF location shall operate seven days a week from 7:00 A.M. to 6:00 P.M. and have the owner and one part time employee on site operating the business. � lY � 1.1N I ��-�C Margaret Monroe City Planner MM/s cc: Lance McDonald Garbis Bezdjian David Kimmel � PROJECT APPLICATION ��"�" °� 1199 BROADWAY �t CEQA ASSESSMENT BURUNc�E project address .� i TOBACCO WAY �.y��.t'� pro�ect name - if any Application received � � ( 10 15 85 ) Staff review/acceptance ( ) � 1. APPLICANT TObdCCO Way 343-0214 name telephone no. 1114 Burlingame Avenue, Burlin ame, CA 94010 applicant s address: street, city, zip code Lance McDonald 343-0214 contact person, if different telephone no. 2. TYPE OF APPLICATION Special Perr.iit ( X) Variance* O Ccndominium Permit O Other *Attach letter which addresses each of the 4 findings required by Code Chapter 25.54. 3. PROJECT DESCRIPTION SPECIAL PERMIT to allow a 481 SF tobacco shop in a portion of the new commercial buildinq on the NE corner of Laquna and Broadway The applicant and one part time employee will operate the shop Hours wi 11 be 7 AP1 - 6 PM (Mon-Fri ), 9 AM - 6 PM (Sat) , 8 AM - 2 PP� (Sun). The 3/6/84 variance for this buildinq requires each new tenant to obtain a Use Permit. (attach letter of explanation if additional space is needed) Ref. code section(s): ( ) ( 4. PROPERTY IDENTIFICATION � 026-192-220 �� 25&26 �� 2 APN lot no. block no. (� ��C-1 ) ( 10,841 � zoning district land area, square feet Garbis Bezd,iian � land owner's name � Easton Addition � subdivision name ) . 40 Berrvessa Way ad SS �ii�l�lsborough, CA 94010 Reauired Date received city zip code (g��s) (no) ( - ) Proof of ownershi� (yes) (��) (10/16/85) Owner's consent to a�plication 5. EXISTING SITE CONDITIONS -- New retail commercial buildinq with 8 parking spaces in rear Required Date received (yes) (r� ( 10/14/85� Site plan showing: property lines; public sidewall:s and curbs; all structures and improvements; paved on-site parking; landscaping. (yes) (rs� ( " ) Floor plans of all buildings showing: gross floor area by type of us�`on each floor plan. �) (no) ( - ) Building elevations, cross sections (if relevant). ��) (no) ( - ) Site cross section(s) (if relevant). (otner) ( 10/15/8� 1 etter of expl anati on *Land use classifications are: residential (show # dwelling units); office use; retail sales; restaurant/cafe; manufacturing/repair shop; warehousing; other (to be described). 6. PROJECT PP,QPOSAL (NO NEI�1 FLOOR AREA IS BEING CREATED) Proposed censtruction, Delov� qrade ( _ SF) Second floor ( _ SF) gross floor area First floor ( 48 1 SF) Third floor ( _ SF) Project Codp Project Code Pr000sal Requirement Proposal Requirement Front setback Lot coveraae Side setback ►10 Ci1d P:uildine height n0 n e Side yard Lar.dscaoed area Rear yard �n••site pkg.spaces 8 , _ _ __. . _ _ - - ; - — — ._ ---- - - ---- 6. PROJECT PROPOSAL (continued) Full tir�e employees on site Part tir�e emoloyees on site Visitors/customers (weekday) Visitors/customers (Sat.Sun.) Residents on property Trin ends to/from site* Peak hour trip ends* Trucks/service vehicles EXISTING after 8-5 5 PM �0 00 11 � 1 � 1 1� 1 1� 1 1� 1 1� IPl 2 YEARS � after 8-5 5 PM �� 11 � 1 11 m 1 � 1 1 1 �/ � � IP1 5 YEARS after 8-5 5 PM �� 1 m 1 �1 1 �1 1 �1 1 �1 *Show calculations on reverse side or attach seoarate sheet. � 7. ADJACENT BUSINESSES/LAND USES Commercial uses to north, south and west, residences to the east, this use cnnf�rmc tn th � eneral nlan_ Required Date received (,�s) (no) ( _ ) Location plan of adjacent properties. (yes) (no) ( ) Other tenants/firms on property: no. firms ( ) no. employees ( ) floor area occupied ( SF office space) ( Sf other) no. employee vehicles regularly on site ( ) no. comoany vehicles at this location ( ) 8. FEES Special Permit, all districts $100 (X ) Other application type, fee $ () Variance/R-1,R-2 districts $ 40 () Project Assessment $ 25 (X ) Variance/other districts $ 75 () Neoative Declaration $ 25 (X j Condominium Permit $ 50 () EIR/City & consultant fees $ ( TOTAL FEES $ 150 . 00 RECEI PT N0. 0693 Recei ved by A. S rague I hereby certify under �enalty of perjury that the information given herein is true and correct to e�bes�t �`- ,�Cnowledge and belief. .�:%1 / % e � -, Signature qpp Date 1�� I `_� � � `�� STAFF USE ONLY NEGATIVE DECLARATION File No. The City of Burlingame by on completed a review of the proposed project and determined that: ( ) It will not have a significant effect on the environment. ( ) No Environmental Impact Report is required. Reasons for a Conclusion: 19 , -�• -u� :- -� •�- •� 1 �� C�, � � I I . s-� Sign ture of Processino Official 'tle Daie Signed Unless appealed within 10 days hereof the d�te posted, the deternination shall be final. DECLARATION OF POSTIPIG Date Posted: I declare under penalty of perjury that I am City Clerk of the City of Burlingame and that I posted a true copy of the above Neoa.ti�re Declaration at the City Hall of said City near the doors to th�a Council Chambers. Executed at 6urlingame, California on Apoealed: ( )Yes ( )P,o 19 JUDifH !� MALFATTI, CITY CLERK, CITY f!� SURLINGAME STAFF REVI EW 1. CIRCULATION OF APPLICATION Project proposal/plans have been circulated for review by: date circulated reply received City Engineer ( 10/23/85 ) (yes) (no) Building Inspector ( " ) (yes) (no) Fire Marshal ( �� ) (yes) (no) Park Department ( _ ) (yes) (no) City Attorney ( — ) (yes) (no) 2. SUMMARY OF STAFF CONCERNS/POSSIBLE MITIGATION MEASURES memo attached (yes) (no) (yes) (no) (yes) (no) (yes) (no) (yes) (no) Concerns Mitigation Measures Is this use compatible with Review application; make other uses in the area? determination. Does the proposal meet all Request comments from the Fire and Building Code Fire Marshal and Chief Bldg. requirements? Inspector. 3. CEQA REQUIREMEPITS If a Negative Declaration has not been posted for this project: Is the project subject to CEQA review? No - cateqoricallv exempt. IF AN EIR IS REQUIRED: Initial Study completed Decision to prepare EIR Notices of preparation mailed RFP to consultants Contract awarded Admin. draft EIR received Draft EIR accepted by staff Circulation to other agencies � c � � � � � � Study by P.C. Review period ends Public hearing by P.C. Final EIR received by P.C. Certification by Council Decision on project Notice of Determination � i � � � � � ) � ) ) ) ) ) 4. APPLICATION STATUS Date first received ( 10/15/8�1 Accepted as complete: no( ) letter to applicant advising info. required ( ) Yes( ) date P.C. study ( j1�12�gg Is application ready for a public hearing? (yes) (no) Recommended date (�1�3.5/�� ) Date staff report mailed to aoplicant (►►'�0 4'�) Date Corrmission hearing (Ii�z��) Application approved ( ) Denied ( ) Appeal to Council (yes) (no) Date Council hearing ( ) Application aparoved ( ) Denied ( ) �p.Q II�S�`�� signed date � ��..� ; ��.�.,- � ��,� .,��. �* Lc�.��,�. �� i c�..�r� ^,�, n �� =�ic� J �� ; � i �v� ,�1 �.h r�v�.r� r� � o� �, �.;� _r., , �-i � � _ P : '.'� =.��, � (�`r \�; � ,�►�l�t�`�� P..��; �a�� '�-� �v�.� �� c�� _.�r�.n� ��:� �- `� 5 -� �..g�� _ �:;�_ " ll 1 n�.�L�C�S�, C� �� 9`.. �;�CS�. � i ��0� �Jr�,�,,��,y,,� � � � _J �% � � �`, �� G�`� � ` l Cj�G1�v e �\ . , � ��',��o�«o �� `=, . �� °`� o. �,,��re. ' -e�c�.;�s�-�� +�� S-�� ,.�-.�, �Jv,�L.�a�. �`�°- . �� , � . � r�� c'� `r� �.e.).� L � �o, �� 1 �� r� �. C�Sc� r-� �, �� `�� c� � ; v � j�Q� r G^��;5�'�4� r�0�_� ! 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G'V�, � ��.YV� `M1.��.a2-� � � C5r15 ��r � n � (�r�� J .:..------ ` � � c1 C51,—,fcv_U�. � �__.r._� J _ _ ,��, ,--�� `� �_�� '�,� � �� r � � ' - `C�S2� �_��.. � �C� �� , ��._�,a � �t1 � � � V. �: � �� 1' � : � �1 :� � � � � a �s �� Z O Q 1 � � Z�� c�� ' ��1��1� �ll �--�� G`'�J �, . �� :�t�fl - 5 .�G� ��'`�� p � 0 0 A � _ 0 � � � `� � �� i � �_ .J � V \ � \ "I � 4 ��,� � � V � �'�•� � �P,S j� : C �. 1� �.H'� ,m« -.�:rJ i — � .�.� -�_`;=f-.�� -_.�.��,� C=x O .,�� -,r� 5 ,. �-,« b ,.� ;n . � zZ E t�3?% ' : �jN ! �i �Y �1 �� '� ' S8- �i - �� ' . �-�` ��-�%; �'�� `�,�� // — /a'l� �d �� .� ' „8;2? Z j i a DATE: /� 23 S MEMO T0: CITY ENGINEER CHIEF BUILDING INSPECTOR FIRE MARSHAL FROM: �PLANNING DEPARTMENT SUBJECT: Sp��vl �G�/+�•� ��ayr> si 7��',t�ae - J�v�v s�� q 9 , An application has been received for the above project for review by the Planning Commission. The application will be scheduled for S�iD y at their ///�2/�S meeting. We would appreciate having your comments by ///�� --TT Thank you. Helen Towber Planner s/ att. � � . 73'�' �"'.�,.._.� �� _ /�d z��'� � 1 �r�� Li.Y %�'� Y�6 ,� , �, /�� LD�-�..�.�c�ti'�� ` �``� �� . y,,-�� ' � �� DATE : /4�23��,� MEMO T0: CITY ENGINEER CHIEF BUILDING INSPECTOR FIRE MARSHAL FROM: PLANNING DEPARTMENT SUBJECT: �'p�s:vl PG��s,� � � a,llair> si 7n�'.«�e - f'�p s�� `� 9 , An application has been received for the above project for review by the Planning Commission. The application will be scheduled for �P�D y at their !//�2/�S meeting. We would appreciate having your corrunents by // � �� Thank you. Helen Towber Planner s/ att. R��tl9��f� OCi 2 5 i985 �dn��p�� "� [�cz��'• ?�tS N U ��CC��"��s . - .�� _ DATE : ��Z3�� MEMO T0: CITY ENGINEER - CHIEF BUILDING INSPECTOR -- FIRE MARSHAL - �- FROM: PLANNING DEPARTMENT SUBJECT: sp�,:vl %��n,�� al�oyrl � �vG",t��e - J� •�� //99 , An application has been received for the above project for review by the Planning Commission. The application will be scheduled for �Y�iD y at their !/�/2/�S meeting. We would appreciate having your comments by �//5�� — ` � i�� -�'.� Thank you. %�O � ��h � o•�� `�'� �, A �� Q�/d'/�-S' LditlJ:�Ic�.� !Pd'!n • / T�� u, %�,� �, �, �� d �t w � � i�� D�, � �� ,,�' Hel en Towber n � l �('� S. �� '�, Planner ��r � �v�� nD�� s �h � �c S� 1'�na / ph ��t' �u�6.!"'r►, cSf�t �� fd,�' �i��'�•�J ��r — a tt . , ��' ��' oY � - � i� �� ° :�� - ' � ^ �,-��,�� .�� , � . .. . �.�'$ l`yZ�� .a.0 ��.�c��'Y�.e � SAN MATEO COUNTY CITY HALL-501 PRIMROSE ROAD BURLINGAME� CALIFORNIA 94010 TEL:(415) 342-8931 March 8, 1984 Mr. Garbis S. Bezdjian 40 Berryessa Way Hillsborough, CA 94010 Dear Mr. Bezdjian: Since there was no appeal to or suspension by the City Council, we wish to advise the February 27, 1984 Planning Commission approval of your Variance application became effective March 6, 1984. This apolication was to allow construction of a commercial building at 1I99 Broadti•ray with eight on-site parking spaces rather than the�17 as required. The February 27, 1984 minutes of the Planning Commission state your variance was granted vrith the following conditions: 1. that the project be built according to the plans submitted and date stamped January 6, 1984; 2. that the project receive an encroachment permit; 3. that the final plans for the project meet all the codes and standards of the City of Burlingame; 4. that an enclosed trash receptacle, accessible to BFI, be provided and maintained on site; 5, that if the parking lot is to be closed off to the public use at a given hour in the evening, the parking lot lights also be turned off at that time to reduce the impact on the adjacent•residential use; 6. that a six foot fence or ��uall be provided on nroperty line between the project site and the adjacent property facing on Laguna; '/. that the final landscape plans be approved by the Parks Department; - 8. that a use permit be required from the Planning Commission for all proposed tenants; and 9. that the conditions of the City Engineer's memo of February Z, 1984 be met. Burlingame Planning Commission Minutes Page 7 November 12, 1985 In discussing complaints, staff stated most come from property owners across the street; the city does not have a limit on the number of memberships allowed for the club; one Commissioner commented that 300 or 1,200 or 8,500 memberships would make a difference. In view of staff's confirmation that the club meets parking requirements, C. Jacobs moved for approval of this special permit amendment and for adoption of Commission Resolution Approving Special Permits with the following conditions: (1) that the project as built shall be consistent with th� plans submitted to the Planning Deoartment and date stamped November 4, 1985; (2) that the conditions of the Fire Marshal's October 15, 1985 memo, the Chief Building Inspector's October 22, 1985 memo and the City Engineer's October 23, 1985 memo shall be met; and (3) that the operation and facilities shall comply with all the conditions and city requirements as approved on July 12, 1978 as amended by the six additional parking spaces for the pool, elimination of one racquetball court (total 14 courts) and total on-site parking of 64 spaces. Second C. Schwalm; motion approved on a 6-0-1 roll call vote, C. Taylor abstaining. Appeal procedures were advised. 8. SIGN EXCEPTION TO ALLOW A SECOND POLE SIGN AT 1200 BAYSHORE HIGHWAY, ZONED C-4 (CONTINUED FROM 10/28/85) Applicant was not present. C. Graham moved to deny this sign exception application. Second C. Giomi; motion approved on a 7-0 roll call vote. Appeal procedures were advised. 9. 1986 PLANi�ING COMMISSION SCHEDULE C. Leahy moved for approval of the 1985 Commission schedule. Second C. Schwalm; approved unanimously on voice vote. Recess 9:20 P.M.; reconvene 9:30 P.M. ITEMS FOR STUDY 10. SPECIAL PERMIT — SATELLITE ANTENNA DISH — 1215 VANCOUVER AVENUE Requests: clarify driveways; who installed the antenna; justification for the present location of the dish, are there alternative sites. Item set for hearing November 25, 1985. Y� 11. SPECIAL PERMIT — TOBACCO SHOP — 1199 BROADWAY -�.-;::-,��..::.� n Requests: are all the problems with the project site cleared up; criteria regarding the handicapped rail; has final inspection been complete3 on this building. Item set for hearing November 25, 1985. 12. SPECIAL PERMIT - ORIENTAL RUGS AND ANTIQUES SHOP - 1199 BROADWAY Item set for hearing November 25, 1985. Burlingame Planning Commission Minutes PLANNER REPORTS - Review of Past Permits Page 8 Noveinber 12, 1985 The following past permits were reviewed and appr ed: �. - 875 Mahler Road,�Break-Away Coffee Shop - 888 Hinckley Road�;�The Sports Therapy Cli c - 850 Mahler Road, T� Skypak Courier - 840 Stanton Road, Fe al's Deli - 1633 Bayshore Highway 175, Affili ed Auto Rental - CP Monroe reviewed Counci ions at its November 4, 1985 meeting. ACKNOWLEDGMENTS - City Counc' Staff Report, Han 'cap Parking Spaces, 10/21/85 - Processing a Minor Modification, 'ty Planner, 7/9/85 «w' ADJOURNMENT The meeting adjourned at 9:55 P.M. ,� Respectfully submitted, Robert J. Leahy, Secretary � 5�86/ 1�0 . ' ' � ... � . 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N�H �t l� .`� �l. . .. . - � . . � � ---- --� -- . . . . . . . � . . - . , � . . _ _ I � 0 �r;x;;.-: � � r � �r" � •. �, ( R �� '� #��k � `�� ! 1 . � + � � i' � � `` �, �! �° ,. ., -r. ��.�� , . , ' .., i • -- - - � ��: �_��;�� - � � �� - � =.�.. w .::. _� � �:y; r :'� � � � � � T � �� ^�� 1.'� _..� � � _ � -�`_.,,,-- _ - `_ , • � �9i �1 e, o�e "RA�D JVM[ � �.hP C�it� �af �urlirt��tmr SAN MATEO COUNTY CITY NALL- 501 PRIMROSE ROAD BURLINGAME,CALIFORNIA 94010 TEI.:(al5) 342-893I NOTICE OF HEARING � SPECIAL PERMIT NOTICE IS HEREBY GIVEN that Monday, the 25th day of November, 1985 , at the hour of 7:30 P.M., in the City Hall Council Chambers , 501 Primrose Road, Burlingame, California the Planning Commission of the City of Burlingame will conduct a public hearing on the application to allow a tobacco shop in a portion of the new commercial building at 1199 Broadway, zoned C-1. At the time of the hearing all persons interested will be heard. For further particulars reference is made to the Planning Department. MARGARET MONROE CITY PLANNER November 15, 1985 � � .; .. 11/2/84 � ; � RESOLUTIOV :10. � i ' RESOLUTION APPROVING SPECIAL PERPdITS ; . � RESOLVED by the Planning Commission of the City of ! Burlingame that; � iWHEREAS, application has been made for a special permit � fo= a tobacco shop . ,, ; at 1199 Broadway c�.� 026-192-220 �, '' and ' . I i WHEREAS, this Commission held a public hearing on said ' application on November 25 ,19II5 ; �IOW THEREFOR�, it is hereby RESOLVED and DETERMINED by this Planning Commission that said special permit is approved, subject to the conditions set forth in Exhibit "A" attached hereto. It is further directed that a certified copy of this � i resolution be recorded in the official records of the County of � San i9ateo. � � � A. !4. Garcia � Chairman I, ROBERT J. LEAHY, 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 Planninq Commission held on the 25th day of November ,1985 , by the followinq vote: AYES: COi•L'•1ZSSIOi1ERS: :IOES: CO:LMISSIOt7ERS: ABSE:IT: C0:•iMISSIO?7ERS: �obert J. Leanv Secretary I i i � 1 i �