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Home My WebLink About1205 Broadway - Staff ReportCity of Burlingame Conditional Use Permit and Parking Variance for a Full Service Food Establishment Item # z o�. Consent Calendar Address: 1205 Broadway Meeting Date: 09/12/OS Request: Conditional use permit and parking variance for a full service food establishment in the Broadway Commercial Area. Applicant: George R. Corey APN: 026-193-010 Property Owner: Lenci Farkas Trustee Lot Area: 5,500 SF Architect: Arnie Gapesin, A&T Design Group General Plan: Shopping and Service Zoning: C-1, Broadway Commercial Area Adjacent Development: Retail, Personal Services and Food Establishments CEQA Status: Article 19. Categorically Exempt per Section: 15301 - Existing facilities, Class 1(a), interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. Previous Use: Retail, toy and hobby shop Proposed Use: Full service food establishment � Allowable Use: Food establishment with a conditional use permit History: On July 5, 2005, the City Council adopted Ordinance 1758, which allows up to five additional food establishments at any location in the Broadway Commercial Area, so long as the food establishment is limited to a full service, limited food service or a specialty shop food establishment. A conditional use permit is required. This ordinance change was adopted on July 5, 2005, and became effective on August 4, 2005. The applicant submitted an application soon after the ordinance was adopted and is requesting a conditional use permit and parking variance for a new full service food establishment. This is the second application for a new food establishment in the Broadway Commercial Area since the ordinance was adopted. Summary: The applicant is proposing to operate a new full-service food establishment, Ristorante Bellaggio, at 1205 Broadway, zoned C-1, Broadway Commercial Area. There are two tenant spaces in the building; one space is occupied by Village Host Pizza (Specialty Food Shop) and the other space is a toy and hobby shop (retail use). The proposed food establishment would replace the existing toy and hobby shop. The existing tenant space measures 2,501 SF (1,849 SF on the first floor and 652 SF on the second floor). The proposed food establishment would occupy the entire 2,501 SF tenant space. The first floor (1,849 SF) will contain the dining area, kitchen, food preparation, wash area, freezer/cooler and restrooms. The second floor (652 SF) will be used to support the food establishment and would contain freezers and storage for liquor and dry goods. A full service food establishment is defined as a business which sells food prepared indoors on the premise with a full menu and provides an indoor seating area of at least 250 SF. Operating criteria for a full service food establishment include most or all of the following: served by waiters to seated customers and where payment is made at the end of the meal; presence of a full commercial kitchen and commercial dishwasher; and food is served on ceramic plates with metal flatware and cloth napkins. Conditional Use Permit and Parking Variance 1205 Broadway The full service food establishment will have approximately 850 SF of seating area. Tables will be provided as well as a limited service bar (5 seats). The business will have a maximum of 4 full-time and 4 part-time employees on weekdays and 5 full-time and 5 part-time employees on weekends. The applicant proj ects a total of 50 customers per day on weekdays and 80 customers per day on weekends. In the future, the applicant anticipates a total of 75 customers per day on weekdays and 105 customers per day on weekends. A maximum of 70 people are expected on site at any one time, including the owner, employees and customers. The food establishment will be open seven days a week, from 11:00 a.m. to 10:00 p.m. This site is nonconforming since it has no on-site parking. The proposed food establishment will be replacing an existing retail use. Additional parking is required for an intensification of use (CS 25.70.010, 2). With this application, the use is being intensified from retail (1:400 SF parking ratio) to food establishment (1:200 SF parking ratio). Therefore, additional on-site parking is required for the difference between the existing and proposed parking requirement. Based on the existing retail use (1276 SF ofretail and 1225 SF of storage), a total of 5 parking spaces would be required on site. The proposed food establishment (1642 SF of food establishment and 652 SF of storage) requires a total of 9 on-site parking spaces. Therefore, a parking variance is required for 4 parking spaces (no on-site parking spaces provided where 4 parking spaces are required for an intensification of use). Staff would note that public parking is available on the street and in neighboring public Lots P(27 stalls), Q(24 stalls), and Y(55 stalls). The following applications are required: • Conditional use permit for a full-service food establishment in the Broadway Commercial Area with 850 SF of on-site seating area; and • Parking variance for intensification of use from retail sales to food establishment (0 on-site parking spaces provided where 4 parking spaces are required for the intensification of use) (CS 25.70.010, 2). i anie i- ilu� tsroaawa Existing I Proposed � Allowed/Req'd. Use: retail full service food conditional use permit required (toy and hobby store) establishmentl for food establishmenf Seating Area: n/a 850 SF full service food establishment must have at least 250 SF Parking: 0 spaces �{ 0 spaces2 i 4 additional parking spaces � required for intensification of use from retail to food ' establishment 1 Conditional use permit for a full-service food establishment in the Broadway Commercial Area (Ordinance 1758) with 825 SF of on-site seating area. z Parking variance for intensification of use from retail to food establishment (4 parking spaces required where 0 parking spaces are provided on-site). Staff comments: See attached. This project is not subj ect to commercial design review because the tenant space width is less than 25'-0" and the exterior of the existing building will not be altered. -2 - i� Conditional Use Permit and Parking Variance 1205 Broadway Study Meeting: At the August 22, 2005, Planning Commission study meeting, the Commission had questions for the applicant, and voted to place this item on the consent calendar when the questions were answered. The Commission also noted that the findings for the variance include that there is adequate parking during the evening hours in the public parking lots in the area, that the existing building was constructed without on-site parking spaces, and that the people who might be negatively affected by the lack of parking spaces in the area have expressed support for expanding the number of food establishment in the Broadway Commercial area. The applicant submitted a response letter dated August 26, 2005, which is attached for reference. There were no changes made to the plans. Below is a list of those questions and the applicant's response: Commissioners asked if an emergency fire exit can be provided only up and down stairs, not a separate exit over rail. ■ The applicant notes that the proposed plan meets the current fire code exiting requirements and it was difficult to work this out under the tight floor plan. The exits were designed after consultation with the Fire Department. Planning staff would note that second floor exits using a drop-down ladder do not meet the current code requirements. 2. Commissioners asked what the regulations are in Burlingame regarding required restrooms. ■ The applicant notes that although the building code only requires one bathroom, the owners of the restaurant believe there are too many patrons at the restaurant for a single bathroom, and also believe that patrons are more comfortable with a separate men's and women's bathroom. It is the applicant's wish to retain the two bathrooms as shown on the plans. 3. Commissioners asked if the applicant could create an open air seating area by pulling the front wall back to provide seating along the street, and noted that this was a missed opportunity to include open air seating in the design review and conditional use permit process along Broadway. ■ The applicant agrees that the open air seating is a missed opportunity and a wonderful idea for this location. However, the applicant wants to proceed with the existing plan, but will immediately try to determine what architectural steps might be necessary to establish an outdoor eating area in the front which is desirable to the restaurant's operation as well as to the City's objectives. 4. Commissioners asked if the restaurant will be opened during lunch hours. ■ The applicant notes that the restaurant will be open during lunch hours. The application indicates that the hours of operation will be 11:00 a.m. to 10:00 p.m. seven days a week. Required Findings for a Conditional Use Permit: In order to grant a conditional use permit for a full service food establishment, 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; -3 - Conditional Use Permit and Parking Variance 1205 Broadway (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: City Council adopted Ordinance 1758 on July 5, 2005, which allows up to five additional food establishments at any location in the Broadway Commercial Area, so long as the food establishment is limited to a full service, limited food service or a specialty shop food establishment. This proposed full service food establishment is the second of five new food establishments allowed; this business meets the criteria for a full service food establishment; 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 because it is within the city approved number of food establishments and therefore 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 on the sidewalk 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 existing commercial area. Required Findings for Variance: In order to grant a parking variance the Planning Commission must find that the following conditions exist on the property (Code Section 25.54.020 a-d): a) there are exceptional or extraordinary circumstances or conditions applicable to the property involved that do not apply generally to property in the same district; b) the granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant, and to prevent unreasonable property loss or unnecessary hardship; c) the granting of the application 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; and d) that the use of the property will be compatible with the aesthetics, mass, bulk and character of existing and potential uses of properties in the general vicinity. Findings: Based on the findings stated in the attached minutes of the Planning Commission's August 22, 2005, study meeting, that the existing building was originally built without on-site parking and with the existing structure, there is no additional space on the lot to add more parking spaces and that the City Council action to add more food establishments was based on an economic need in the Broadway Commercial Area to promote pedestrian oriented retail activity in this commercial area and was supported by the merchants in the Broadway commercial area, the project is found to be compatible with the variance criteria listed above. -4 - Conditional Use Permit and Parking Yariance 1205 Broadway Planning Commission Action: The Planning Commission should hold a public hearing. Affirmative action should be taken by resolution and should include findings for the conditional use permit and parking variance. The reasons for any action should be clearly stated for the record. At the public hearing the following conditions should be considered: that the project shall be built as shown on the plans submitted to the Planning Department date stamped August 9, 2005, sheets A-PC and A.PC.1; 2. that this business location to be occupied by a full service food establishment, with 850 SF of seating area, may change its food establishment classification only to a limited food service upon approval of a conditional use permit amendment for the establishment, and the criteria for the new classification shall be met in order for a change to be approved; 3. that the 850 SF area of on-site seating of the full service food establishment shall be enlarged or extended to any other areas within the tenant space only by an amendment to this conditional use permit; 4. that the parking variance shall only apply to this 2,501 SF tenant space and the food establishment use with 850 SF of on-site seating and shall become void if the tenant space or food establishment use is ever expanded, demolished or destroyed by catastrophe or natural disaster or for replacement; 5. that the full service food establishment may be open for business seven days a week, from 11:00 a.m. to 10:00 p.m., with a maximum of 5 full-time and 5 part-time employees on site at any one time, including the business owner and manager; 6. that this food establishment shall provide trash receptacle(s) as approved by the city consistent with the streetscape improvements and maintain all trash receptacle(s) at the entrances to the building and at any additional locations as approved by the City Engineer and Fire Department; 7. that the business shall provide litter control along all frontages of the business and within fifty (50) feet of all frontages of the business; 8. that an amendment to this conditional use permit shall be required for delivery of prepared food from this premise; 9. that there shall be no food sales allowed at this location from a window or from any opening within 10' of the property line; 10. 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; 11. that seating on the sidewalk outside shall conform to the requirements of any encroachment permit issued by the city; -5 - Conditional Use Permit and Parking Variance 1205 Broadway 12. that the conditions of the Chief Building Official's July 7, 2005, memo, the Fire Marshal's and City Engineer's July 11, 2005, memos and the Recycling Specialist's July 13, 2005, memo shall be met; and 13. that the proj ect shall meet all the requirements of the California Building Code and California Fire Code, 2001 edition, as amended by the City of Burlingame, and that failure to comply with these conditions or any change to the business or use on the site which would affect any of these conditions shall require an amendment to this use pertnit. Ruben Hurin, Planner Maureen Brooks, Senior Planner c: George R. Corey, applicant � CITY OF BURLINGAME PLANNING COMMISSION UNAPPROVED MINUTES 501 Primrose Road, Burlingame, CA August 22, 2005 7:00 P.M. Council Chambers I. CALL TO ORDER II. ROLL CALL Chair Auran called the August 22, 2005, regular meeting of the Planning Commission to order at 7:00 p.m. Present: Commissioners Auran, Brownrigg, Cauchi, Deal, Keighran and Osterling Absent: Commissioners: Vistica Staff Present: City Planner, Margaret Monroe; Zoning Technician, Erica Strohmeier; City Attorney, Larry Anderson; Senior Engineer; Doug Bell III. MINUTES The minutes of the August 8, 2005 regular meeting of the Planning Commission were approved as mailed. IV. APPROVAL OF AGENDA There were no changes to the agenda. V. FROM THE FLOOR VI. STUDY ITEMS There were no public comments. 1. 1205 BROADWAY, ZONED C-1, BROADWAY COMMERCIAL AREA — APPLICATION FOR CONDITIONAL USE PERMIT AND PARKING VARIANCE FOR A FULL SERVICE FOOD ESTABLISHMENT (GEORGE R. COREY, APPLICANT; ARNIE GAPESIN, A&T DESIGN GROUP, DESIGNER; LENCI FARKAS, PROPERTY OWNER) PROJECT PLANNER: RUBEN HURIN Commissioner Deal noted that he lives within 500 feet of the subject property; he recused himself from consideration of the project and left the chambers. CP Monroe presented a summary of the staff report. Commissioners asked: can emergency fire exit be provided only up and down stairs; not separate exit over rail? What is regulation in Burlingame concerning required restrooms? Can applicant create open air seating by pulling wall back along street? This was a missed opportunity to include open air seating in design review as part of the CUP process for all store fronts and architecture along Broadway. Will the restaurant be open during lunch hours? Findings for variance include that there is adequate parking on site and in all of the public lots during the evening hours, that the existing building was constructed without additional parking spaces and those people who would be negatively affected by the lack of parking in the area were in favor and supported expanding the number of food establishments along Broadway. This item was set for the consent calendar when all questions have been answered. This item concluded at 7:07 p.m. 08/26/2605 11:64 6508714194 COREY,LUZAICH � Gearge R. Corey Sbevan N. Luzaich Dario de Ghetaldi Jerry E. Nestari Amanda L. Riddle Edward A. Daniels Janet M. Li 700 EL Ca�nNo REnt,, P.O. Bax 669 MILLBRAE, CALIFORNIA 94030 (650) 871-5666 • FAX (650) 871-4144 August 26, 2005 Via Facsimile Only -1650� 6�6-3790 Ms. Maureen Brooks City of Burlingame Planning Department SOI. Primrose Road Burlingame, CA 94010 Re: 1205 Broadwav - Response to Planning Session Comments Dear Ms. Brooks: PAGE 02/03 Hon. Edward W. Pliska (Ret.) Xtnophon Tragouteis (Ret.) This letter responds to your f� of August 22, 2005 to complete our application in the hope of being on the consent calendar at the September 12`� meet�ng. 1. The existing plan meets the current fire code and it was difficult to work out under the bight floor plan. The exits were designed after consultation with the Burlingame Fire Deparlment, and we hesitate to make any changes to them. 2. The ovv�ners believe there are too many patrons at the restaurant for a single bathroom, and also believe as a business decision that patrons are more camfortable with a separate mens and womens bathroom. Accordingly, we wish to retain the two set forth on the plans. COREY, LUZATCH� PLISKA, DE GHETALDI & NASTARi LLP Attorneys at Law 3. We agree the open air seating is a missed opportunity and a wonderful idea for this location. The owners want to proceed with the existing plan but will immediately try to determine what architectural steps aze necessary to establish an outdoor eating area in the £ront that is desirable to the restaurant as well as the City. 68/26/2605 11:04 6508714194 COREY,LUZAICH PAGE 93/03 Ms. Maureen Bzvoks Augttst 26, 2005 Page 2 4. The restaurant will be open during Iunch hours. If you have any further quesrions, we will answer them immediately. Sincerely, i��.� George R. Corey GRC:rk � r l cc: Mr. Chhan Kurt -(via facsimile only - 415-731-95Q0) Mz. Arnie Gapesin -(via facsimile only - 510-482-1552) Project Comments Date: To: From: 07/15/2005 ❑ City Engineer X Chief Building Official ❑ Recycling Specialist ❑ Fire Marshal a City Arborist ❑ City Attorney Planning Staff ❑ NPDES Coordinator Subject: Request for conditional use permit for a food establishment at 1205 Broadway , zoned C-1, Broadway Commercial Area, APN: 026- 193-010 Staff Review: 07/18/2005 1) All construction must comply with the 2001 California Building Codes (CBC), the Burlingame Municipal and Zoning Codes, and all other State and Federal requirements. 2) Provide fully dimensioned plans. 3) Provide existing and proposed elevations of the storefront. 4) Provide a legend that indicates the existing walls, walls to be demolished, and new walls. 5) Provide guardrails at all landings. 6) Provide handrails at all stairs where there are more than four risers. 7) Provide lighting at all exterior landings. 8) On your plans provide a table that includes the following: a. Occupancy group for each area of the building b. Type of construction c. Allowable area d. Proposed area e. Indicate sprinklered or non-sprinklered � 9) Provide an exit plan showing the paths of travel. Note: This space will have an occupant load of 73 therefore two exits are required. The second exit cannot pass through the kitchen. Revise the plans to show a code compliant second exit. 10)Show compliance with all accessibility regulations found in the 2001 CBC, Chapter 11, for existing buildings including: a. Accessible paths of travel b. Accessible countertops Reviewed �� Date: �� C / ' �8 IDf � Project Comments Date: To: From: 07/15/2005 ❑ City Engineer ❑ Chief Building Official ❑ Recycling Specialist � Fire Marshal ❑ City Arborist ❑ City Attorney Planning Staff ❑ NPDES Coordinator Subject: Request for conditional use permit for a food establishment at 1205 Broadway , zoned C-1, Broadway Commercial Area, APN: 026- 193-010 Staff Review: 07/18/2005 �,� ��..�..�.. ►�� 3 -��$�w� ��,,..:��.�--� � ,�-; �.:�.s �..� ��,� �� :.�L,,�� -s �- �.- � . 3J p�� .:�-e� �- v'�-�� rQ 2.,`��2 ,�� r�.� �s- ��..�� -� �'_� �.��, �-Q� . -� �� p ��-��.� � �,��. �y.��, �� t�.� � � � , �l.�� .Y,f��R��1c e .�-..� /� 'S\•t-`'`-. � � � Reviewed by: �a-��g—�L�� Date: � �.�-� � l/ a Project Comments Date: � From: 07/15/2005 d City Engineer ❑ Chief Building Official ❑ City Arborist ❑ City Attorney ❑ Recycling Specialist ❑ Fire Marshal ❑ NPDES Coordinator Planning Staff Subject: Request for conditional use permit for a food establishment at 1205 Broadway, zoned C-1, Broadway Commercial Area, APN: 026- 193-010 Staff Review: 07/18/2005 1. Replace all displaced/damaged sidewalk, driveway, curb and gutter. Work shall conform to Streetscape Master Plan. 2. A designated garbage bin space and cleaning area shall be located inside the building. A drain connecting the garbage area to the sanitary sewer system is required. Show these areas in project plans. 3. Sewer backwater protection certification is required. Contact Public Works — Engineering Division at (650) 558-7230 for additional information. 4. This project is located within the business district and is required to conform to the Streetscape Master Plan. A specific type of garbage receptacle shall be placed in front of project site. The sidewalk fronting the store shall be kept clean 20 feet from each side of the property. Contact Jane Gomery at (650) 558-7230 for additional information. Reviewed by: V V � ` Date: 7/18/2005 Project Comments Date: To: From: 07/15/2005 ❑ City Engineer ❑ Chief Building Official ❑ City Arborist ❑ City Attorney Planning Staff X Recycling Specialist ❑ Fire Marshal ❑ NPDES Coordinator Subject: Request for conditional use permit for a food establishment at 1205 Broadway , zoned C-1, Broadway Commercial Area, APN: 026- 193-010 Staff Review: 07/18/2005 Applicant shall submit a Waste Reduction Plan and Recycling Deposit for this and all covered projects prior to demolition, construction, or permitting. Reviewed b � Y�� -�,r.� Date: 7� �_ ��5� Project Comments Date: To: From: Subject: Staff Review: 07/15/2005 � City Engineer � Chief Building Official � City Arborist � City Attorney � Recycling Specialist � Fire Marshal ✓ NPDES Coordinator Planning Staff Request for conditional use permit for a food establishment at 1205 Broadway , zoned C-1, Broadway Commercial Area, APN: 026- 193-010 07/18/2005 Any construction project in the City, regardless of size, shall comply with the City NPDES permit requirement to prevent stormwater pollution including but not limited to ensuring that all contractors implement construction Best Management Practices (BMPs) and erosion and sediment control measures during ALL phases of the construction project (including demolition). Ensure that sufficient amount of erosion and sediment control measures are available on site at all times. The public right of way/easement shall not be used as a construction staging and/or storage area and shall be free of construction debris at all times. Brochures and literatures on stormwater pollution prevention and BMPs are available for your review at the Planning and Building departments. Distribute to all project proponents. For additional assistance, contact Eva J. at 650/342-3727. Also, restaurants are subject to pre-treatment requirements, i.e. sewer discharge permit, grease trap, etc. Please contact Donna Allen at the Office of Environmental Compliance at 650/342-3727. Also please refer to the Burlingame Municipal Code Chapter 15.10 Sanitary Sewer Use Regulatiors at www.burlingame.org. Reviewed by: �1/A- ,J�I�SifMBPrST-E Date: 07/18/05 � CITY OF BURLINGAME PLANNING DEPARTMENT 50] PRIMROSE ROAD P(650) 558-7250 F(650) 696-3790 � CITY p �� BURIJNGAME APPLICATION TO THE PLANNIl�TG COMMISSION w� °�,. Type of application: Design Review Conditional Use Permit X Variance Special Permit Other Parcel Number: Project address• 1205 Broadway , Burlingame, CA. 94010 APPLICANT PROPERTY OWNER �ame: Orhan Kurt Name: Lenci Farkas `. % Address: 120Z - 9th Ave. Address: 50 Mounds rd. �i�-��g i City/State/Zip: San Francisco, CA. 94122 City/State/Zip: San Mateo, CA. 94402 Phone(w): �415)-731-0400 Phone (w): (h)�. (fl: (415)-731-9500 ARCHITECT/DESIGNER AUG - 3 2005 Name: Arnie Gapesin CITY OF BURI.INGAME Address: 3557 Laguna Ave . PLANNING DEPT. x Please indicate with an asterisk ' City/State/Zip: Oakland, cA. 94620 the contact person for this project. (510)-482-1099 ��' R6� R• CO Rg`j � Sw Phone (w): e'� � � � � � � � � N � h : � �, i `� /.� �a, n � , t. +� � `� 3 � c� �� t�S� - �7l-5 �fl�—(5� n�-482-1552 F�� G�� • � 7 i"' �1 1�'i PROJECT D�SCRIPTION: 60-65 Seat Restaurant AFFADAVIT/SIGNATURE: I hereby certify under penalty of perjury that the information given herein is true and correct to the best of my lcnowledge and belief. � � % �-- Applicant's signature: - Date: l �1 � I know about the proposed application and hereby authorize the above applicant to submit this application to the Planning Corrunission. , , Property owner's �h�. 650-343-9535 � —�11�J�'��—'—�� PCAPP.FRM � George R. Corey Stevan N. Luzaich Dario de Ghetaldi Jerry E. Nastari Amanda L. Riddle Edward A. Daniels Janet M. Li COREY� LUZAICH, PLISKA, DE GHETALDI & NASTARI LLP Attorneys at Law 700 EL CAMINO REAL, P.O. Box 669 MILLBRAE, CALIFORNIA 94030 (650) 871-5666 • FAX (650) 871-4144 July 15, 2005 Ms. Meg Monroe City Planner, Planning Department City of Burlingame 501 Primrose Road Burlingame, CA 94010 Re: Ristorante Bellaggio - 1205 Broadway. Burlingame Dear Ms. Monroe & Planning Staff: Hon. Edward W. Pliska (Ret.) Xenophon Tragoutsis (Ret.) �� JUL 1 5 2005 CITY OF BURLINGAf,�E PLAtvN1nG DEPT. This letter accompanies the application of Orhan Kurt for the opening of a sit down restaurant at 1205 Broadway Avenue. The owner and his partners have lived at Northpark for more than five years. They are presently employed in various restaurants in Burlingame and are familiar with the Burlingame culture and clientele. They presently walk to work in Burlingame and will be only two blocks from the restaurant reducing all day parking in the area. They will continue that pattern with the new restaurant. The facility is intended to be an upscale, white table cloth restaurant of approximately sixty seats (60-65 capacity). It will be similar to the existing restaurants in the area including Figaro, Sapora and La Scalla. The restaurant will seek a liquor license and will have a small bar as reflected on the plan. The owners propose to call the restaurant "Ristorante Bellaggio" and they are well experienced in running Italian restaurants. Sincerely, George . Corey GRC:rk cc: Orhan Kurt City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlin ame.org �� ciTY o � , � BURLNGAME '�,.,�.,�•�'� CITY OF BURLINGAME CONDITIONAL USE PERMIT APPLICATION The Planning Commission is required by law to make findings as defined by the City's Ordinance (Code Section 25.52.020). Your answers to the following questions can assist the Planning Commission in making the decision as to whether the findings can be made for your request. Please type or write neatly in ink. Refer to the back of this form for assistance with these questions. 1. Explain why the proposed use at the proposed location will not be detrimental or injurious to properry or improvements in the vicinity or to public health, safety, general welfare or convenience. This restaurant Use is almost exactly similar to that of Figaro on Broad.way, Sapore Italiano on Rurlingame Avenue and La Scalla. Foot traffic will certainly be enhanced. during the lunch and dinner hours but the property will otherwise sustain no more traf_fic then the previous tenant that was a toy store. It will be an upscale restaurant bringing a refined clientele to the area and will not affect any of the other properti_es except in a way similar to the Figaro or Broadway Prime restaurants. There will be no sanitation issues different then the ones that exist at any other quality restaurant and the business will not deal with any environmentally negative products. ( CONTINiTEn ON ATTACIiMENT 1) 2. How will the proposed use be located and conducted in accordance with the Burlingame General Plan and Zoning Ordinance? A restaurant Use is well set within the general plan and is zoned precisely for this Use. Inasmuch as Burlingame has increased the biisiness district ordinance restaurant allowance by five more restaurants, this proposal fits within both the general plan and the zoning. 3. How will the proposed project be compatible with the aesthetics, mass, bulk and character of the existing and potential uses on adjoining properties in the general vicinity? The project is completely compatible with the aesthetics, mass, bulk and character of the existing properties. Effectively, there are no changes whatsoever in the exterior of the biiilding or its dimensions in any direction. All changes will be to the interior restaurant design. The Use will compliment the other businesses on Broadway [ P`- r ° and enhance the hi.isiness-social climate. c[ � c �; `. � ._ ..-�: _i. �s.s 2 \ k-- _s ..JUL 1 5 2005 i,ITY C�� E�1�LINGAME- CUP.FRM F'LAPJfVlrSG QEPT. City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlin�g 1. Explain why the proposed use at the proposed location will not be detrimental or inju�ious to property or improvements in the vicinity or to public health, safety, general welfare or convenience. How will the proposed struchue or use within the structure affect neighboring properties or structures on those properties? If neighboring properties will not be affected, state why. Think about traffic, noise, lighting, paving, landscaping sunlighdshade, views from neighboring properties, ease of maintenance. Why will the structure or use within the structure not affect the public's health, safety or general welfare? Public health includes such things as sanitation (garbage), air quality, discharges into sewer and stormwater systems, water supply safety, and thing which have the potential to affect public health (i.e., underground storage tanks, storage of chemicals, situations which encourage the spread of rodents, insects or communicable diseases). Public safetv. How will the structure or use within the structure affect police or fire protection? Will alarm systems or sprinklers be installed? Could the structure or use within the structure create a nuisance or need for police services (i.e., noise, unruly gatherings, loitering, traffic) or fire services (i.e., storage or use of flammable or hazardous materials, or potentially dangerous activities like welding, woodwork, engine removal). General welfare is a catch-all phrase meaning community good. Is the proposal consistent with the city's policy and goals for conservation and development? Is there a social benefit? Convenience. How would the proposed structure or use affect public convenience (such as access to or parking for this site or adjacent sites)? Is the proposal accessible to particular segments of the public such as the elderly or handicapped? 2. How will theproposed use be located and conducted in accordance with the Burlingame General Plan and Zoning Ordinanc�? Ask the Planning Department for the general plan designation and zoning district for the proposed project site. Also, ask for an explanation of each. Once you have this information, you can compare your proposal with the stated designated use and zoning, then explain why this proposal would fit accordingly. 3. How will the proposed project be compatible with the aesthetics, mass, bulk and character of the existing and pota�ctial uses on adjoining prop�ties in the general vicinity? How does the proposed structure or use compare aesthetically with existing neighborhood? If it does not affect aesthetics, state why. If changes to the structure are proposed, was the addition designed to match existing architecture, pattern of development on adjacent properties in the neighborhood? If a use will affect the way a neighborhood or area looks, such as a long term airport parking lot, compare your proposal to other uses in the area and explain why it fits. How does the proposed shucture compare to neighboring structures in terms of mass or bulk? If there is no change to the structure, say so. If a new structure is proposed, compare its size, appearance, orientation, etc. with other structures in the neighborhood or area. How will the structure or use within the structure change the character of the neighborhood? Think of character as the image or tone established by size, density of development and general pattem of land use. Will there be more traffic or less parking available resulting from this use? If you don't feel the character of the neighborhood will change, state why. How will the proposed project be compatible with existing and potential uses in the general vicinity? Compare your project with existing uses. State why you feel your project is consistent with other uses in the vicinity, and/or state why your project would be consistent with potential uses in the vicinity. .�l��a�:��d CITY OF BURLINGAME CONDITIONAL USE PERMIT APPLICATION ATTACHMENT 1 (Continued).. There should be no greater impact on the fire and police departments then those that already exist because of the other restaurants and it would not be anticipated that service would have to be enhanced because of the inclusion of this operation. There will be no dancing or night club activity, reducing the probability of unruly clientele. The owners live at the North Park apartments (5 years) and will walk to work reducing parking demand. �� JUL 1 5 2005 CITY OF E3URLIPJGAME PLANMPJG CEPT. CITY OF BURLINGAME PLANNING DEPARTMENT 501 PRIMROSE ROAD P(650) 558-7250 F(650) 696-3790 a� ��T. o < � B RLINGAME �......... '�^�.M ECEIVED 4UG = 3 2005 CtTY OF BURLlNGAME PLANNIN(3 DEPT. The Planning Commission is required by law to make findings as defined by the City's Ordinance (Code Section 25.54.020 a-d). Your answers to the following questions can assist the Planning Commission in making the decision as to whether the findings can be made for your request. Please type or write neatly in ink. Refer to the back of this form for assistance with these questions. a. Describe tlte exceptional or extraordiizary circumstances or conditions applicable to your properry wl:ich do not apply to otl:er properties iiz tl:is area. Three owners of this business will be employed in the restaurant and live at North Park. They will walk to work. No other business has that parking relief benefit. Every other property suffers from the same lack of parking available and relies on the street parking and two City lots on Broadway. b. Explaii: wlry the vcrriance reqrrest is necessary for tl:e preservation and enjoyment of a substantial property right and wl:at unreasonable property loss or unnecessary Isardship might result for�n the denial of the application. � Without this variance, there can be no restaurant added to any of the Broadway sites. That would mean the five new permits would have to be allocated to Burlingame Avenue onl . Every prospective Broadway restaurant will suffer with the same parking need for variance herein requested. c. Explain why the proposed use at the proposed locatio�z will not be detrimental or injurious to property or iniproveine�its in �tl:e vicinity or to public healtl:, safety, general welfare or convenience. Applicant is an upscale restaurant complying with each and every health a�d safety regulation to maintain the quality of the environment in the immediate area. The improvements will not be noticeable from the outside except for the restaurant front which is compatible with the rest of the neighborhood. d. How ivill tlte proposed project be con:patible witl: tlte aestl:etics, mass, bulk and clzaracter of tlie existing and potential uses oia adjoining properties in the general vici�Zity?, This application is absolutely consistent in that there will be no change in the mass, bulk or character of the proposed project and will not change the character of the adjoining properties in the general vicinity. Parking is the sole impact and that can only be relieved through the variance process. City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlin a�me.org �`, CITY � � � �JRLINOAME ��.,m...�•'� COMMERCIAL APPLICATIONS PLANNING COMMISSION APPLICATION SUPPLEMENTAL y�� _ �`�_��.��'�� JUL � � Z005 1. Proposeduseofthesite Sit down restaurant - 60 seats a' r €�U; ;I_�h; �AME �'iAiJ;J�:;: C-'L�'i. 2. Days and hours of operation �� a y s - 11 : 0 0 a. m. - 10 : 0 0 p. m. 3. Number of trucks/service vehicles to be parked at site (by type) � 4. Current and ro'ected maximum number of em lo ees (includin owner) at this location: Existing In 2 Years In 5 Years Hours of AM to After 5:00 AM to After 5:00 AM to 'After 5:00 Operation PM PM PM PM PM PM Weekdays Full-time 3 3 3 4 3 4 Part-time 3 3 3 4 � 4 Weekends Full-time 3 3 3 5 3 5 Part time 3 3 3 5 3 5 5. Current and pro'ected maximum number of visitors/customers who ma come to the site: Existing In 2 Years In 5 Years Hours of Operation Weekdays Weekends AM to After 5:00 PM PM 20 30 40 40 AM to After 5:00 PM PM 25 40 45 50 AM to After 5:00 PM PM 30 45 45 60 6. What is the maximum number of people expected on site at any one time (include owner, employees and visitors/customers): 7 0 7. Wheredo/willtheownerandemployeespark? Train Station for Employees - Owners live at North Park. 0 parkin�. 8. Where do/will the customers/visitors park? Down t own 9. Present or most recent use of site Toy S t ore 10. List of other tenants on property, their number of employees, hours of operation (attach list if necessary) � COMMERCIAL.FRM RESOLUTION APPROVING CATEGORICAL EXEMPTION, CONDITIONAL USE PERMIT AND PARHING VARIANCE RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for conditional use permit and parking variance for a full service food establishment at 1205 Broadwav, zoned C-1, Lenci Farkas Trustee, propertv owners, APN: 026-193-010; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on September 12, 2005, at which time it reviewed and considered the staff report and all other written materials and testimony presented at said hearing; NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that: 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 CEQA Article 19, Section 15301, Class 1- 15301 - Existing facilities, Class 1(a), interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances is hereby approved. 1. Said conditional use permit and parking variance are approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such conditional use pertnit and parking variance are as set forth in the minutes and recording of said meeting. 2. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. Chairtnan I, , 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 12th day of September, 2005 by the following vote: Secretary EXHIBIT "A" Conditions of approval for categorical exemption, conditional use permit and parking variance. 1205 Broadway Effective September 22, 2005 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped August 9, 2005, sheets A-PC and A.PC.1; 2. that this business location to be occupied by a full service food establishment, with 850 SF of seating area, may change its food establishment classification only to a limited food service upon approval of a conditional use permit amendment for the establishment, and the criteria for the new classification shall be met in order for a change to be approved; 3. that the 850 SF area of on-site seating of the full service food establishment shall be enlarged or extended to any other areas within the tenant space only by an amendment to this conditional use permit; 4. that the parking variance shall only apply to this 2,501 SF tenant space and the food establishment use with 850 SF of on-site seating and shall become void if the tenant space or food establishment use is ever expanded, demolished or destroyed by catastrophe or natural disaster or for replacement; 5. that the full service food establishment may be open for business seven days a week, from 11:00 a.m. to 10:00 p.m., with a ma�cimum of 5 full-time and 5 part-time employees on site at any one time, including the business owner and manager; 6. that this food establishment shall provide trash receptacle(s) as approved by the city consistent with the streetscape improvements and maintain all trash receptacle(s) at the entrances to the building and at any additional locations as approved by the City Engineer and Fire Department; 7. that the business shall provide litter control along all frontages of the business and within fifty (50) feet of all frontages of the business; 8. that an amendment to this conditional use permit shall be required for delivery of prepared food from this premise; 9. that there shall be no food sales allowed at this location from a window or from any opening within 10' of the property line; 10. 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; 11. that seating on the sidewalk outside shall conform to the requirements of any encroachment permit issued by the city; -2- EXHIBIT "A" Conditions of approval for categorical exemption, conditional use permit and parking variance. 1205 Broadway Effective September 22, 2005 12. that the conditions of the Chief Building Official's July 7, 2005, memo, the Fire Marshal's and City Engineer's July 11, 2005, memos and the Recycling Specialist's July 13, 2005, memo shall be met; and 13. that the project shall meet all the requirements of the California Building Code and California Fire Code, 2001 edition, as amended by the City of Burlingame, and that failure to comply with these conditions or any change to the business or use on the site which would affect any of these conditions shall require an amendment to this use permit. -3- ! ; I �� CITY o,� CITY OF BURUNGAME � . .� - � PLANNING DEPARTMENT BURlJNGAME 501 PRIMROSE ROAD BURLINGAME, CA 94010 � ,. TEL: (650) 558 7250 • FAX: (650) 696-3790 "'y,,,,�,,,,,�.'� www.buriingame.org Site:1205 BROADWAY Application for conditional use permit and parking variance for a full service food establishment at: 1205 BROADWAY , ' zoned C-1, Broadway Commercial Area. (APN: 026-193-010). The City of Burlingame Planning Commission announces the following public hearing on Monday, September 12, 2005 at 7:00 P.M. in the City Hall Council Chambers located at 501 Primrose Road,�Burlingame, California. Mailed: September 2, 2005 ' PUBLIC HEARING NOTICE ' (Please refer to other scde) I CITY OF BURLINGAME " , ; anz.�..,...� a � ��„�� . ! g'' �"'z � 4� � �� ' �, A copy of the application and�lan� for this projec�'�iiay�be reviewed prior to the meehng a�t1i� �IannYng� D�;p�tm�nt �af�'S�'�� Primrose Ro�ad�, � � Burlingame Californi�.�� ` �� F ��'��'�� ' ,} �y`',�� °' { �� •�, � ��.r,� s' .. � � i <k # � � .. � ¢ .. �� . r � If you challenge th��s�ub�ect applicatic�n�(s� ir� �o��t, �u ma. � be limited to � :, �`� �� ,. raising only t�o�e r�s�es"�ou or��ome�n� e�Is� �rai�� tH�""public hearing I� . .- . � zi , 4�i . �t� *ar �"`'!.. x': '"., '�S . � � described in �he �oftce o�`�m'writtett�dt�es�o�nde�� el�ve ed to the city � at or prior to�the pulaXic �iea�ng� �� `� _ j - � %�-rkr-4^�:r�.:'�exz:�:x.•,rs �r .: a °�rrwire*�m.�e+aa .m�r^z..nw�'tt.,�.�;'. ` Property own�rs ��ra ie em�,thi's �r�b�ice are respons�ble or informing ' ��b � �fi � ��' �� "• � � � their tenants�� ou€� is"..� ttc�,��or�•a��tio�al infor ati n, please call � (650) 558-72�0„ T�rank:{' �Oii��;� ;�p� i��,�'.��---�`�� i y j +�,��y �(, � . �,�s„ I � 4� �=� � � +'�B�i�M k�� zf� �� 4t� ^(t $ � �µ ~ 'k°!� . �4P� ��4t-�e � #� �vr^ ,.�'3 +� '�.a.:i..s��-'��- '"'�"� � . � `�'t «. �� w��r ,s .3 S,. � Margaret Monro�� ,� �, °�},,�`� � � *k r �` � ��' , � �:s`� �. ,� City Planner �`'�;�;��;��'� .��.---�- `��..��,.....�.�..�'� `�"�� ,, �. � PUBLI( (Please refer to other side) �� OTICE - ---- -" � I