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Home My WebLink About1201 Broadway - Staff Report� y Item .7�f CITY OF BURLINGAME � AMENDMENT TO CONDITIONAL USE PERMIT Address: 1201 Broadway Meeting Date: 2/28/2000 Request: Amendment to a conditional use permit for an existing food establishment in the Broadway commercial area at 1201 Broadway, zoned C-1, Broadway Commercial Area (C.S. 25.36.040, �. Name of Food Establishment: Village Host Pizza . APN: 026-193-010 Property Owner: Monis and Lenci Farkas Trs Lot Dimensions and Area: 5,500 SF Zoning: C-1 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 beyoncl that previously existing. � , Ordinance: In October 1999, the City Council adopted Ordinance 1619 which makes all food establishments in the Broadway commercial area and Burlingame Avenue commercial area, Subarea A, 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 March 1995, the Planning Commission approved a conditional use permit and parking variance to expand the floor area of Village Host Pizza at 1201 Broadway (March 13, 1995 P.C. Minutes). Village Host Pizza and the adjacent flower shop were destroyed by a fire in December 1994. Since Village Host Pizza currently has a conditional use permit, this application is for an amendment to the existing conditional use permit as required by Ordinance 1619. The Food Establishment Table by Type defined the food establishment located at 1201 Broadway as follows: • Business Name: • Business Address: • Category: • Seating Area: Village Host Pizza 1201 Broadway Specialty Shop Food Establishment 1,500 SF Amendment to Conditional Use Permit 1201 Broadway The current food establishment located at 1201 Broadway, Village Host Pizza, is classified as a Specialty Shop with 1,500 SF of on-site seating. Village Host Pizza also offers delivery of prepared food from this site. In the July 1998 survey for Village Host Pizza, it was noted that at this premise food is ordered and paid for before consumption and that food 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: Specialty Shop (Village Host Pizza) Seating Area: 1,500 SF EXISTING Specialty Shop (Village Host Pizza) 1,500 SF ALLOWED/REO'D *food establishment requires a conditional use permit 1,500 SF * Conditional use permit required for food establishment in the Broadway commercial area. 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 Broadway commercial 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 area, signage, meet building code requirements, and adhering to the County health requirements, the operation will be compatible with the character of the commercial area. � Amendment to Conditional Use Permit 1201 Broadway �'lanning 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, occupied by a specialty shop with 1,500 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 the existing conditional use permit, or shall be allowed to change to a different type of food establishment with a new conditional use permit; and 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; the criteria for the new classiiication shall be met in order for a change to be approved; 2. that the 1,500 SF area of on-site seating of the specialty shop food establishment may 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 maintairi 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 retail or any other use, a food establishment shall not be replaced on this site and this conditional use permit shall become void; 7. that the business may be open 11: 00 a. m. to 12: 00 a. m., seven days a week, with a marimum of five employees on site at any one time; 8. that an enclosed and ventilated garbage storage area shall be identified at the rear of the site and that garbage cans shall be kept in the storage area until such time garbage is picked up and upon pick-up cans shall immediately be returned to the storage area; 9. that the project shall provide adequate filtering and venting to avoid dissemination of odors on neighboring properties and a grease trap(s) shall be provided as approved by the City Engineer; and � 10. that the office areas on the second floor shall not be separately leased; and Amendment to Conditional Use Permit 1201 Broadway � 1. that any changes to the site shall meet all requirements in effect at the time of the California Building and Fire Codes, and as amended by the City of Burlingame. . Ruben G. Hurin Planner c: Village Host Pizza, applicant Monis and Lenci Farkas Trs, property owners 4 Burlingame Planning Commission Minutes ITEMS FOR ACTION March 13, 1995 5. SPECIAL PERMIT AND PARKING VARIANCE AT 1201 BROADWAY, ZONED G1, BROADWAY COMMERCIAL AREA (RONALD SANTERO. APPLICANTS AND MR. AND MRS. FARKAS. PROPERTY OWNERSI. Reference staff report, 3/13/95, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Seven conditions were suggested for consideration. . Chm. Galligan opened the public hearing. Mike Nilmeyer, 128 Pepper, the architect representing the owner/applicant answered the commission's questions. Seating and employee numbers remain the same. The new restaurant area will be a larger portion of the building to accommodate ADA regulations (disabled accessible restrooms, wider aisles between �tables, entrance ramps). The plans submitted show interior as it is now with all windows covered, the actual rebuild will depend on the insurance replacement value. the remaining retail space shown will be let to another tenant, not a part of the restaurant. There were no other comments and the public hearing was closed. C. Deal moved approval of special permit to expand floor area and parking variance, by resolution, with documentation and including testimony addressing that this increase is the result of ineeting new code requirements and the restaurant will be the same with the same number of customers and employees therefore no greater parking impact their findings in the staff report were incorporated by reference, and the following conditions were also included; 1) that the project shall be built �as shown on the plans submitted to the Planning Department and date stamped February 17, 1995, Site Plan, Floor Plans, and Elevations; 2) that the conditions of the City Engineers' February 21, 1995 memo, and the Chief Building Inspectors' February 13, 1995 memo, and the Fire Marshals' February 13, 1995 memo shall be met; 3) that the business shall be open 11:00 A.M. to 12:00 P.M. seven days a week, Monday through Sunday, with a maximum of five employees on site at any one time; 4) that an enclosed and ventilated garbage storage area shall be identiiied at the rear of the site and that garbage cans shall be kept in the storage area until such time garbage is picked up and upon pick-up cans shall immediately be returned to the storage area; 5) that the project shall provide adequate filtering and venting to avoid dissemination of odors on neighboring properties and a grease trap(s) shall be provided as approved by the City Engineer; 6) that the office areas shall not be separately leased; and '� that all the improvements for the expanded eating establishment shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame. Motion was seconded by C. Ellis approved by a 7-0 voice vote. Appeal procedures were advised. -3- RESOLUTION APPROVING CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT AMENDMENT 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 conditional use permit amendment for an existin� food establishment classified as a Specialty_�p Food Establishment at 1201 Broadway. zoned C-1. Broadwav Commercial Area. APN: 026-193-010; Morris and Lenci Farkas Tr�, 35 Sheldon WaY, Hillsborou�h, CA 94010�propert�; VV�iEREAS, said matters were heard by the Planning Commission of the City of Burlingame on February 28, 2000, at which time it reviewed and considered the staffreport 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 amendment is approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such conditional use permit amendment 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 Matea ,�.:I:u•► 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 28th day of Februarv, 2000 , by the following vote: ' AYES: COMIVIISSIONERS: NOES: CONIlVIISSIONERS: ABSENT: COMl��IISSIONERS: SECRETARY �; EXHIBIT "A" Conditions of approval for categorical exemption and conditional use permit amendment. 1201 BROADWAY effective March 6, 2000 1. that this business location, occupied by a specialty shop with 1,500 5F 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 the existing conditional use permit, or shall be allowed to change to a different type of food establishment with a new conditional use permit; and 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; the criteria for the new classification shall be met in order for a change to be approved; 2. that the 1,500 SF area of on-site seating of the specialty shop food establishment may be enlarged or extended to any other areas within the tenant space only by an amendment to this conditional use permit; 3. � that tfiis 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 retail or any other use, a food establishment shall not be replaced on this site and this conditional use permit shall become void; 7. that the business may be open 11:00 a.m. to 12:00 a.m., seven days a week, with a maximum of five employees on site at any one time; 8. that an enclosed and ventilated garbage storage area shall be identified at the rear of the site and that garbage cans shall be kept in the storage area until such time gaibage is picked up and upon pick-up cans shall immediately be returned �o the storage area; 9. that the project shall provide adequate filtering and venting to avoid dissemination of odors on neighboring properties and a grease trap(s) shall be provided as approved by the City Engineer; , 10. that the office areas on the second floor shall not be separately leased; and 11. that any changes to the site shall meet all requirements in effect at the time of the California Building and Fire Codes, and as amended by the City of Burlingame. �. .�' � � i - CITY OF B URLINGi�ME A copy of the applicat��-a'n"�ic "� ansy or•�his=pio�e ay be reviewed prior � t `� � �. " ��-� to the meeting a ��Plannuig�� D�partment �at�, D 1 Primrose Road, � i � � Burlmgame, Cal t� � _� � �.� �.r �� ``� � r r � ,�c-� � �r r � ' � �� .�.. � r� �u�.t�s+ e : -� �t x � a . If you chal ge �j��ct ap��c��' �'s1 �� s'�� %�'�.�'� ��"�9�C� ��`��;� �' "�°� raising onl hos ., ssues ouio ��omeone.�� e�ra�ed�t�.il described i� t},� ��t�c or� wr�t�en, eor�ee�p n�ie ce�clel at or prior t tl��it�li �� ig�,�s �� ';�;�� C A t t�' o�!m r a Property o ers ;_2reeei e�i�ib,ti��'ac��s�ponsi ks tenants abo t thi ; no i ot�a�idtt��na�1�`informatio 696-7250. ank �� u. r�'�'�„_ �� _ �'�� Margaret Mbp o��`'� City Planner �.� i PU s��- ��,`��n�� -� �� ;� - x �'� � �'-�.r:� $�� , � `�` �- �`� � y �n ��r � �� ` _�'' � t� ; �...�_�,.�`''r "�. � C��R1C��G�N� TICE (Please refer to other side) be limited to �blic hearing, :d to the city ming their call (650) i ,�r�' "T� �,� CITY OF BURLINGAME � BURLJN�.AME PLANNING DEPARTMENT � , � 501 PRIMROSE ROAD � � - BURLINGAME, CA 94010 • I b,_,,,�,,,.�'� TEL: (650) 696-7250 • � � � 12@1 PROADWAY AF'N:0�6-193-01Q1 j� PUBLIC HEARING Application for a�endment to a conditional use � permit for an existing food establishment in NOTICE � the Broadway commercial.area at 1201 Proadway� ; I zoned C-1, Hroadway Co�mercial Area. ; � ! IThe City of Hurlinga�e Planning.Co�mission j announcea :the �;following public .hearing'�_ on ��i� ; , i I Mondey, Februar.y' 28,`: .2000� -et 7:00 P. M. in `the : i �zEl�:(2f� ' i i y. a, ounci a� ers located at �01 F��I•. I I Primrose Road, `Burlingame, California. vv�v�..: I I Mailed;February`18, 2�0. . . !! I _ _ I I(Please refer to olher side) _ _ � _ _ � I_ . _ _ - - - - - ... .... . ,. ._ _. _ . ^ _ ._ . _ _ ._ - _ - - .. _ - _ _ _. :. _ _ . . _i � CITY O ��: �'� 1' � �� A v s� :t.� ��.:��..i, IA� ~oo�. � i ''�oa�r ( �� I�'' \ I � \� 1�1 I I�) I I I' I I III '�' �il I 1�1 �' CIN HALL — 501 PRIMROSE ROAD TEL: (650) 558-7250 PLANNING DEPARTMENT BURLINGAME, CALIFORNIA 94010-3997 FAX: (650) 696-3790 February 11, 2000 Manager Village Host Pizza 1201 Broadway Burlingame, CA 94010 Dear Sir or Madam, In October 1999, the City Council adopted Ordinance 16'19 which makes all food establishments in the Broadway commercial area and Burlingame Avenue commercial area, Subarea A, conditional uses. This ordinance requires that each food establishment in these commercial areas obtain a conditional use permit or amend an existing conditional use permit. Village Host Pizza, the food establishment currently located at 1201 Broadway, was granted a conditional use permit in March 1995. • Attached you will find a staff report prepared by City Planning staff for an amendment to the existing conditional use permit, Before adoption of this ordinance, city staff surveyed each food establishment in Broadway commercial area 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 rhe 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 and conditions which were a part of the previous conditional use permit. 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 Friday, February 18, 2000. We expect that this item will be placed on the Planning Commission consent calendar for action at their February 28, 2000 meeting. Thank you in advance for your assistance. Please do not hesitate to call. Sincerely yours, --�-- Ruben Hurin Planner Attachments: StaffReport with Attachments Ordinance 1619 Adopted October 18, 1999 c. Morris and Lenci Farkas Trs, property owners