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Home My WebLink About1205 Broadway - Staff Report.. �A � City of Burlingame Conditional Use Permit and Parking Variance for a Full Service Food Establishment Address: 1205 Broadway Item # �� Consent Calendar Meeting Date: 12/11/06 Request: Conditional use permit amendment and parking variance for an addition and increase in seating area of an existing full service food establishment in the Broadway Commercial Area. Applicant: Orhan Kurt 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(e)(1), Additions to existing structures provided that the addition will not result in an increase of more than 50 % of the floor area before the addition, or 2500 SF, whichever is less. Existing Use: Full service food establishment (Rocca Ristorante) Proposed Use: Same as existing Allowable Use: Food establishment with a conditional use permit History: On September 12, 2005, the Planning Commission approved a conditional use permit and parking variance for a new, full service food establishment, Rocca Ristorante, at 1205 Broadway, zoned C-1, Broadway Commercial Area (September 12, 2005, P.C. Minutes). This new food establishment was one of five food establishments permitted by Ordinance 1758, which allowed up to five additional food establishments at any location in the Broadway Commercial Area. This food establishment is currently in operation. Summary: The applicant is proposing a first floor addition and an increase in the seating area of an existing full-service food establishment, Rocca Ristorante, at 1205 Broadway, zoned C-1, Broadway Commercial Area. The existing food establishment measures 2,501 SF (1,849 SF on the first floor and 652 SF on the second floor). The first floor (1,849 SF) currently contains the dining area, kitchen, food preparation, wash area, freezer/cooler and restrooms. The second floor (652 SF) currently is used to support the food establishment and contains freezers and storage for liquor and dry goods. The full service food establishment was originally approved with 850 SF of seating area all located on the first floor. The applicant is now proposing to expand seating to the second floor (352 SF) in an area previously approved as storage. The total on-site seating would increase from 850 SF to 1,202 SF. The applicant is also proposing a first floor addition at the rear of the building (255 SF). The addition would expand the existing kitchen and relocate an existing walk-in cooler and storage area previously provided on the mezzanine. The addition would contain concrete walls to match the existing concrete wall at the rear of the building. There are no changes proposed to the front fa�ade of the building. This project is not subject to commercial design review because the tenant space width is less than 25'-0". The Building and Fire Departments note that because the occupant load on the second floor exceeds 10 persons, a second exit from the second floor is required. At least one of the exits is required to exit directly 1 `•r � Conditional Use Permit Amendment and Parking Variance 1205 Broadway into a one-hour corridor, one-hour stairwell or directly to the exterior. In order to comply with this requirement, a new metal exterior stairway is proposed at the rear of the building from the second floor to the ground floor. With the proposed increase in seating area, the full service food establishment will have approximately 1,202 SF of seating area (850 SF on the first floor and 352 SF on the second floor). Tables will be provided as well as a limited service bar (5 seats). With this application, there are no changes proposed to the number of employees, customers expected to visit the site and hours of operation. 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 projects 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. A parking variance was approved in September, 2005 (0 on-site parking spaces provided where 4 parking spaces are required for the intensification of use). Additional on-site parking is now required for the addition on the ground floor and for the intensification of use on the second floor from storage (1:1000 SF parking ratio) to food establishment (1:200 SF parking ratio) (CS 25.70.010, a and b). The proposed expanded food establishment requires a total of 4 additional on-site parking spaces. Therefore, a parking variance is required for 4 additional parking spaces (8 total parking spaces required for existing and addition; 0 on-site parking spaces provided). 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 amendment to increase the seating area of an existing full-service food establishment in the Broadway Commercial Area from 850 SF to 1,202 SF of on-site seating area; and Parking variance for a first floor addition (0 on-site parking spaces provided; 4 space parking variance previously approved; 4 space parking variance now required for additional storage on the ground floor and an intensification of use from storage to food establishment on the second floor) (CS 25.70.010, a and b). This space intentionally left blank. 2 Conditional Use Permit Amendment and Parking Yariance 1205 Broadway Table 1-1205 Broadwa Plans date stam ed: October 4, 2006 Existing Proposed Allowed/Req'd. Use: full service food no change conditional use permit for full establishment service food establishment (Rocca Ristorante) approved in February, 2005 Seating �850 SF ��'�� ^ 1,202 SF' conditional'use permit Arear amendment to increase the � (850 SF on ground floor + 352 SF on second floor) � seating area from 805 SF to � 1,202 SF _.�....�__....�.� ...............----...._...---=-_._-�---,__ -_ _ _---- ---._.—._��.._._-_-____....�_......._._._.�._...-------- � Parking 0 spaces � 0 spaces z � 4 additional parking spaces � ; required for intensification of � use from retail to food i ' establishment Conditional use permit amendment to increase the seating area of an existing full-service food establishment in the Broadway Commercial Area from 850 SF to 1,202 SF of on-site seating area. Parking variance for a first floor addition (0 on-site parking spaces provided; 4 space parking variance previously approved; 4 space parking variance now required for additional storage on the ground floor and an intensification of use from storage to food establishment on the second floor) Staff comments: See attached. Study Meeting: At the November 13, 2006, Planning Commission study meeting, the Commission had several questions regarding the proposed exterior stairway and voted to place this item on the consent calendar when the questions were answered (November 13, 2006, P.C. Minutes). The applicant submitted revised plans, date stamped November 27, 2006, to address the Commissioners' questions. Below is a list of those questions and the applicant's response: 1. Staff report indicates proposed exterior stairway will be metal, but material is not noted on the plans; please clearly indicate stairway material on plans. The revised plans, date stamped November 27, 2006, clarify that the new exterior stairway will be metal. 2. Review Elevatio�: 1 on sheet A-2P, check building code and verify whiclz portions of tlie stairway need a raili�:g; provide a detail ofguardrail; verify tlzat design of rail extensions comply with code. Not sure exterior stairway l:as beeiz fully thought out, verify compliance witl: code, configuration may need to change. The applicant provided sections and details of the exit stairs (revised sheet A-3P). The Chief Building Official reviewed the revised plans and noted that the configuration and design of the exit stairway complies with the basic requirements and that the details will be reviewed at time of building permit submittal. 3 � Conditional Use Permit Amendment and Parking Variance 1205 Broadway Required Findings for a Conditional Use Permit Amendment: In order to grant a conditional use permit amendment 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; (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: Based on the findings stated in the attached minutes of the Planning Commission's November 13, 2006, study meeting, that City Council adopted Ordinance 1758 on July 5, 2005, which allowed this food establishment to be located in the Broadway Commercial Area, that the amendment to increase the seating area by 352 SF on the second floor represents a minor increase in total seating area and is consistent in operation with other existing full service food establishments in the Broadway Commercial Area; that the use will not be detrimental to the city's obj ective of promoting pedestrian oriented retail activity in this commercial area because it is within the city approved number 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 in the surrounding area, signage, meeting building code requirements, disabled accessiblity, 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. � � Conditional Use Permit Amendment and Parking Variance 1205 Broadway Findings: Based on the findings stated in the attached minutes of the Planning Commission's November 13, 2006, 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, that with this application the on-site seating area is being increased by 352 SF which represents a minor increase in seating area, that 255 SF first floor addition at the rear of the building would not contain customer seating but would expand the existing kitchen and relocate an existing walk-in cooler and storage area previously provided on the mezzanine, 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. 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 amendment 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: 1. that the project shall be built as shown on the plans submitted to the Planning Department date stamped November 27, 2006, sheets A-1S, A-1P, A-2P, A-3P and A-EP; 2. that this business location to be occupied by a full service food establishment, with 1,202 SF of seating area (850 SF on first floor and 352 SF on second floor), 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 1,202 SF area of on-site seating (850 SF on first floor and 352 SF on second floor) 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 2,756 SF tenant space and the food establishment use with 1,202 SF of on-site seating and shall become void if the use of the tenant space is changed or the 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; � Conditional Use Permit Amendment and Parking Yariance 1205 Broadway 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; 12. that the conditions of the Chief Building Official's August 31, September 26 and October 6, 2006, memos, the Fire Marshal's September 5 and October 10, 2006, memos, the City Engineer's September 5, 2006, memo, the Recycling Specialist's September 6, 2006, memo and the NPDES Coordinatar's September 5, 2006, 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. Ruben Hurin Planner c. Orhan Kurt 0 9 City of Burlingame Planning Commission Unapproved Minutes November 13, 2006 ■ Provide details of the large door into the recreation room, looks like a garage door; ■ Walkw om house to accessory cture is 18 inches above ade, why does it need to be so hig Should consider a walkw at grade; ■ plain why this accessory cture will not have an imp on the adj acent neighbo d the use of their rear yard; ■ Explain why this act� n would not be granting a ecial privilege; ■ Explain why thi ddition and function in t accessory structure coul t be added to the main dwelling, eit r on the first or second flo , and ■ Concerne hat as designed this appe to be a second unit. This item s set for the regular actio alendar when all the info ion has been submitted and reviewed by the P anning Department. This ' em concluded at 7:10 p.m. 2. 1205 BROADWAY, ZONED C-1, BROADWAY COMMERCIAL AREA — APPLICATION FOR CONDITIONAL USE PERMIT AMENDMENT AND PARKING VARTANCE FOR AN ADDITION AND INCREASE IN SEATING AREA OF AN EXISTING FULL SERVICE FOOD ESTABLISHMENT (ORHAN KURT, APPLICANT; ARNIE GAPESIN, A&T DESIGN GROUP, DESIGNER; LENCI FARKAS, PROPERTY OWNER) PROJECT PLANNER: RUBEN HUR1N Commissioner Deal noted that he lives within 500 feet of the project and recused himself from the proceedings on this item. He stepped down from the dais and left the chamber. Plr Hurin presented a summary of the staff report. Commissioners asked: ■ Staff report indicates proposed exterior stairway will be metal, but material is not noted on the plans; please clearly indicate stairway material on plans; ■ Review Elevation 1 on sheet A-2P, check building code and verify which portions of the stairway need a railing; provide a detail of guardrail; verify that design of rail extensions comply with code; ■ Not sure exterior stairway has been fully though out, verify compliance with code, configuration may need to change. This item was set for the consent calendar when all the information has been submitted and reviewed by the Planning Department. This item concluded at 7:15 p.m. C. Deal returned to the dais. 3. 1419 BURLIN AME AVENUE, ZONED , SUBAREA A— APPLICATIO FOR MASTER SIGN PROG OR FOX PLAZA MALL GN �AND SIGN AGAIN, APP CANT; TOLU FAMILY TRUST ROPERTY OWNER PROJ T PLANNER: ERICA STRO EIER CP�4lonroe presented a summa of the staff report. Commission s asked: �■ How would the mas signage program handle the mbination of two tenant sp es facing Burlingame Aven ; ■ Clarify details sheet A-3, need to see actual f ts, sizes and color schemes ed to be defined, reason for ster signage program is a unifo system of signage; ■ Sheet A1- the side elevations, understand e need for height above park cars, but signs need to be dep' ted more accurately (to scale), per signs need to be moved d n to be parallel to others, the do not seem to match the squ footage for the percentage ov 12 feet; 2 City of Burlingame Planning Commission Minutes VI. STUDY ITEMS September 12, 2005 1. 1524 COLU �US AVENUE, ZONED� 1— APPLICATION FOR ITIONAL USE PERMITS TO CONVER A PORTION OF AN EX 1NG DETACHED GARA TO ACCESSORY LIVING SPACE (HOM OFFICE) (MICHAEL B WNRIGG, APPLICANT ND PROPERTY OWNER• AAK & S AN ARCHITECT P JECT PLANNER: CAT RINE BARBER ommissioner Brownrig ecused himself from consid ation of the proj ect, due to his i olvement, and left the chambers. CP Monroe pres ted a summary of the staff eport. Commissioners asked: lan shows drainage on roo being taken to dry well, could Public Wo s please address? Concerned ith three skylights propos ; at night light ould flood onto neighbors operty; number of skylights ould be reduced and all ylights should b tinted; three skylights are rawn, two are shown, please c rify. � item was set for the � been submitted and VII. ACTION ITEMS calendar, with all appropriate Gkianges suggested, whe 'll the information i by the Planning Departme}� This item conclude at 7:32 p.m. COriSCni Caleridal' - Items on the consent calendar are consirlered to be routine. They a�•e acted on simultaneously unless separate discussion and/or action is requested by the applicant, a member of the public or a commissioner prior to the time the commission votes on the motion to adopt. � 2D. 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) (56 NOTICED) PROJECT PLANNER: RUBEN 2E. 1783 EL CAMINO REAL, ZONED Gl, C-3 AND UNCLASSIFIED (PENIl�SULA HOSPITAL PROPERTY) — VESTING TENTATNE PARCEL MAP FOR LOT COMBINATION AND MAP EXTENSION (MILLS PENINSULA HEALTH SERVICES, APPLICANT AND PROPERTY OWNER) �104 RADIUS & 97 COMMUNITY NOTICES MAILED) (PROJECT ENGINEER DOUG BELL� Commission asked staff on the hospital issue map included, if dividing off the back property on Marco Polo was separate from this action? Yes. Chair Auran asked if anyone in the audience or on the Commission wished to call any item off the consent calendar. Pat Giorni, 1445 Balboa Avenue, asked that Item 2a, 379 Lexington Way, Item 2b, 317 Occidental Avenue and Item 2c, 1213 Cabrillo Avenue be moved to the regular action calendar. C. Deal noted that he lives within 500 feet of 1205 Broadway so he would recuse himself from that vote. Chair Auran moved for a voice vote on Items 2d and 2e on the consent calendar noting that each project is based on the facts in the staff reports, findings in the staff reports, commissioner's comments, recommended conditions in the staff reports and by resolution. The project at 1205 Broadwaypassed on a 4-0-1-2 (C. Deal abstaining; Cers. Cauchi and Keighran absent) voice vote. The project at 1783 El Camino Real passed on a 5-0-2 (Cers. Cauchi & Keighran absent) voice vote. Appeal procedures were advised. This item concluded at 7:35 p.m. 3 City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlingame.org �6, CITY p � � BURlJNGAME APPLICATION TO THE PLANNING COMMISSION �9�..,,m....•'.°° . Type of application: Design Review Conditional Use Permit Variance Special Permit Other Parcel Number: Project address: 12� '�J � izOA�A`I .� U`R.�.1 �C�RrY1� q�� l APPLICANT � Name: Ch-Yl � C1 �1�.�1�" i Address: 1C)�5 ��al� ��.�i � 2�' City/State/Zip:$ r ,�C1(le � C�1 q�01(� Phone (w): �� - C�.� (h):� ��O ) �'�� - `7�}2� c�: PROPERTY OWNER Name: �E'C1Ct ��r1�S Address: "rJ0 rn�11n�S rd . � � City/State/Zip: �1n �� , C� ��0`Z Phone (w): (h): 65r� — 3�}3 - `i 5�5 c�� ARCHITECT/DESIGNER Name:��n�c� -�a�(� Address: '��Jrj7 ��q�X1� v� . —� City/State/Zip: .��cl , CA � 6� Please indicate with an asterisk * Phone (w):��_ "�_��2 -- ��9q the contact person for this project. ih)� ��' �l�—� r� c�:�� 82 � ��2 �r�� %62 ��v � �6�— ��g 2 ��/� � � PROJECT DESCRIPTION: ��^ �7 �' Ol/� � — — • ' -• - � - `'' — �— AFFADAVIT/SIGNATURE: I hereby certify under penalty of perjury that the information given herein is true and c e to the best of my knowledge and belief. � Applicant's signatur . ' Date: � c� O b I know about the proposed application and hereby authorize the above applicant to submit this application to the Planning Commissio�. Property owner's signature: ��"�`' �'�� Date: 4.. `� ��i Date submitted: � � � � �!� �" � A U G 2 8 2006 C'{TY (�F BUrLIN��.FRM PLANNING DEPT. N U � � � � r � � -'-1- � � � ( F ) C-- -o 9 o � � � �>� s � 5�1 --a �b n" A � 0" � � � � � � k � � ,� � o �-: �' �i �"' � � � — o ? � � � �' � . � c � � �^ + A � � � � � � � � + 0 City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 wvvw.burlin a� me.org �,� ciTY o � � BURLINGAME ' °�,.n 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 wl:y the proposed use at the proposed location will not be detrimental or injurious to property or improvements in tlie vicinity or to public liealtli, safery, general welfare or convenieizce. See attaclied 2. 3. How will tl:e proposed use be located ai:d co�zducted i�: accorda�zce witl: the Burlingaine Ge�zeral Plan a�ad Zoniizg Ordina�zce? How will the proposed project be compatible with the aesthetics, mass, bulk and character of tl:e existing a�zd pote�ztial uses on adjoining properties i�z tlze general vici�aity? CUP.FRM August 27, 2006 ��!!/�D AUG 2 � 2006 Attachment A CITY OF BURLINGAME PLANNING DEPT. CONDITIONAL USE PERMIT APPLICATION FOR 1205 BROADWAY 1. The proposed use at the existing location is same as what is being used now, a restaurant. Adding l 6 more seating spaces to the existing restaurant space will not be detrimental or injurious to property in the vicinity but will enhance the atmosphere of other evening business activities. 2. The proposed use is located and conducted in accordance with the already approved use for restaurant establishment and, this proposal already fits within both the general plan and zoning requirements. 3. The proposed project will not affect the aesthetics, mass, bulk, and character of the existing and potential uses on adjoin properties in the general vicinity. The physical appearance will not change from the exterior. This seating addition wiil only affect the interior space. This additional use will compliment the already existing use and the other businesses on Broadway and improve the business and social climate. City of Burlingame Planning Deparhnent 501 Primrose Road P(650) 558-7250 F(650) 696-3790 vvww.burlineame.org �� cirr o � � BURLINGAME �"�,. ,�.�•o CITY OF BURLINGAME VARIANCE APPLICATION 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 tlie exceptio�zal or e.ztraordinary circcimstances or co�zditions applicable to your property wlzicli do i:ot apply to otlzer properties in tliis area. See attaclied b. Explain wl:y tl:e variance request is necessary for tl:e preservation and enjoyment of a substantial property right and wl:at cn:reasonable property loss or unnecessary hards{tip miglit result form tl:e denial of tlie application. c. Explain wlzy the proposed use at the proposed location will �aot be detrime�ztal or injurious to property or improvements in tl:e vicinity or to public liealtli, safery, gei:eral welfare or convenience. d. How will the proposed project be compatible witl: the aestl:etics, mass, bulk and claaracter of tl:e existing and potential acses on adjoiizing properties ii: tl:e geizeral vicinity? VAR.FRM RECEIV�D August 27, 2006 AUG 2 8 2006 AitaClllYleIIt A CIN OF BURLINGAME PLANNING DEPT. PARHING VARIANCE APPLICATION FOR 1205 BROADWAY a. This property is similar to other properties located on Broadway Street. b. This tenant is only adding few more seating spaces to an existing restaurant. When the previous application was submitted, the proposed parking spaces did not meet the city's parking requirements and a variance was applied for and granted. The site is very limited and adding parking spaces is not possible. Without the variance, this thriving business will stagnate. Presently there is a metered parking lot behind an adjacent building as well as parking along Broadway and the side streets. Finding a parking space is not difficult in this area. c. The proposed usage is already conducted in accordance with an approved use as a restaurant establishment. Adding modest additional seating capacity of sixteen chairs will not be detrimental or injurious. This is an upscale restaurant attracting a refined clientele. This will not increase the impact on the fire and police departments. d. The proposed project will not affect the aesthetics, mass, bulk, and character of the existing and potential uses on adjoining properties in the general vicinity. The physical appearance will not change from the exterior. This seating addition will only affect the interior space. This additional use will compliment the already existing use and the other businesses on Broadway and improve the business and social climate. Ciry of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlingame.org ��`; CITY ,� COMMERCIAL APPLICATIONS � �� PLANNING COMMISSION APPLICATION SUPPLEMENTAL FORM �..�. r 1. Proposed use of the site ;/ /% ��_,2c�-lJ- ��%�2� —�6 �'/�%�'j _ _. ,� �� 2. Days and hours of — //=dD.�/� � /O � " AUG 2 8 2006 3. Number of trucks/service vehicles to be parked at site (by type) � ClTY OF BURLINGAME PIANNING DEPT. 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 �A � � � � Full-time % Part-time � � � � � Weekends � � � � � � Full-time Part time � � � � � � 5. Current and Hours of Operation Weekdays Weekends pro�ected maximum number of visitors/customers who may come to the site: Existing In 2 Years In 5 Years AM to After 5:00 PM PM ?jG � AM to After 5:00 AM to PM PM PM �� . �� After 5:00 PM � �� 6. What is the maximum number of people expected on site at any one time (include owner, employees and visitors/customers): �(� 7�'�(/ �T/�7/D/►� r-rin E�"�i��S - �O :, \ 7. Where do/will the owner and employees park? �j2�'� �l�lzi� � `� 8. Where do/will the customers/visitors park? �i�� ,�q� 9. Present or most recent use of site ,�G� ��lT' 10. List of other tenants on properly, their number of employees, hours of operation (attach list if necessary) � - � cona�Rcrru,.r� Project Comments Date: To: From: September 22, 2006 ❑ City Engineer (650) 558-7230 X Chief Building Official (650) 558-7260 ❑ City Arborist (650) 558-7254 Planning Staff ❑ Recycling Specialist (650) 558-7271 ❑ Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Subject: Request for request for application for conditional use permit amendment and parking variance to expand the seating area of an existing full service food establishment at 1205 Broadway, zoned C- 1, APN:026-193-010 Staff Review: September 25, 2006 Second Comments: -- —�� .�-- `/ /� .� °�ol � 1) The two required exits must be at least one half the diagonal distance apart. 2) The exit plan is unclear. Provide a clear and detailed exit plan that shows two paths of travel from each occupied space to the public right of way. It is unclear that the gates at the rear are part of the required second means of egress. ;, V / ��/�� Pre�i'o�S C awi w+ i��S Project Comments Date: � From: August 30, 2006 � City Engineer (650) 558-7230 X Chief Building Official (650) 558-7260 ❑ City Arborist (650) 558-7254 ❑ Recycling Specialist (650) 558-7271 ❑ Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Planning Staff Subject: Request for application for conditional use permit amendment and parking variance to expand the seating area of an existing full service food establishment at 1205 Broadway, zoned C-1, APN: 026-193- 010 Staff Review: September 5, 2006 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 a complete demolition plan that indicates the existing walls, walls to be demolished, new walls, and a legend. NOTE: The Demolition Permit will not be issued until a Building Permit is issued for the project. 4) Comply with the new, 2005 California Energy Efficiency Standards for low-rise non-residential buildings. Go to http://www.enerpy.ca.gov/title24 for publications and details. 5) The area labeled mezzanine does not comply with the requirements for a mezzanine. "All portions of a mezzanine shall be open and unobstructed to the room in which they are located, except for columns and posts and protective walls or railings not more than 44 inches in height." Therefore this area is considered a second floor and, as such, a second exit must be provided. In addition, the Building Code requires two exits from the second floor when the occupant load is 10 or more. 6) Provide guardrails at all landings. NOTE: All landings more than 30" in height at any point are considered in calculating the allowable floor area. Consult the Planning Department for details if your project entails landings more than 30" in height. 7) Provide handrails at all stairs where there are four or more risers. 8) Provide lighting at all exterior landings. 9) Provide an exit plan showing the paths of travel. 10)NOTE: Plans that specifically address items 5 and 9 must be re- submitted before this project can move forward for Planning Commission action. ;,�a..�..-----=�-- � .,; � i� Date: � <3 � �� Project Comments Date: To: From: August 30, 2006 ❑ City Engineer (850) 558-7230 ❑ Chief Building Officia! (650) 55B-7260 d City Arborist (650J 558-7254 Planning Staff '(�rtVtOt?r? � Go w�w�c �"�'� ❑ Recycling Specialist (650) 558-7271 uf Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 d City Attorney Subject: Request for application for conditional use permit amendment and parking variance to expand the seating area of an existing full service food establishment at 12A5 Broadway, zoned C-1, APN: U26-193- 010 Staff Review: September 5, 2006 Second exit from the mezzanine is required due to occupant load exceeding 10 persons. Adc�iitionally, at least one of the exits from the mezzanine is required to exit directly into a one-hour corridor, one-hour stairwell, or directly to the exterior. The two exits sha11 be separated by more than one-half the diagonal length of the longest portion of the mezzanine. � l�-�ac� Se�..d e K c-� -�-pm m2z7�.►ti � vt� � S h�" b t�e -�� `% c�.t �� s-�.-� c-�e� aw ct.c.,1 -�� -�t rs-i- �-e.1c r�". � � �su..�� d �e�. � -� ��-� c, wa�,�.� �-�� s �c.�`�P -�o �, �.c,%� l � l.�x� b V1Ce �Vt. �(-�.e., ��.�-1-' t 0►� o-F `{�� !�. L�� . `� ��c�� SEP 2 5 2006 �;iN �� su�L�r��cf,; n�: !'LANNiNG G�i� i . Reviewed b�y: , Date: �� o � Project Comments Date: To: From: October 5, 2006 ❑ City Engineer (650) 558-7230 ❑ Chief Building Official (650) 558-7260 ❑ City Arborist (650) 558-7254 ❑ Recycling Specialist (650) 558-7271 � Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Planning Staff Subject: Request for application for conditional use permit amendment and parking variance to expand seating area of an existing full service food establishment at 1205 Broadway, zoned C-1, Broadway Commercial Area, APN: 026-193-010 Staff Review: October 11, 2006 No further comment at this time. REC��vE� OCT 1 1 2006 C� p►}1NN NG'DE� E Reviewed by: 9:�/�' / Date: `� �� Project Comments Date: To: From: August 30, 2006 �( City Engineer (650) 558-7230 ❑ Chief Building Official (650) 558-7260 O City Arborist (650) 558-7254 ❑ Recycling Specialist (650) 558-7271 ❑ Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Planning Staff Subject: Request for application for conditional use permit amendment and parking variance to expand the seating area of an existing full service food establishment at 1205 Broadway, zoned C-1, APN: 026-193- 010 Staff Review: September 5, 2006 1. Storm drainage shall be designed to drain towards the street frontage or to the City storm drain system. 2. Replace all displaced/damaged sidewalk, driveway, curb and gutter. 3. Any work within one foot of property line requires a property line boundary survey by a licensed .land surveyor or engineer. Show distances to property line in project plans. 4. Garbage area shall be covered from rain water. A drain connecting to the sanitary sewer system is required. Reviewed by: V V Date: 9/05/2006 Project Comments Date: To: From: August 30, 2006 ❑ City Engineer (650) 558-7230 ❑ Chief Building Official (650) 558-7260 ❑ City Arborist (650) 558-7254 X Recycling Specialist (650) 558-7271 ❑ Fire Marshal (650) 558-7600 ❑ NPDES Coordinator (650) 342-3727 ❑ City Attorney Planning Staff Subject: Request for application for conditional use permit amendment and parking variance to expand the seating area of an existing full service food establishment at 1205 Broadway, zoned C-1, APN: 026-193- 010 Staff Review: September 5, 2006 Applicant shall submit a Recycling and Waste Reduction Plan for approval, and pay a recycling deposit for this and all covered projects prior to construction or permitting. Reviewed by Date: �/��' � .� Project Comments Date: August 30, 2006 To: � City Engineer (650) 558-7230 � Chief Building Official (650) 558-7260 � City Arborist (650) 558-7254 From: Planning Staff � Recycling Specialist (650) 558-7271 � Fire Marshal (650) 558-7600 � NPDES Coordinator (650) 342-3727 � City Attomey Subject: Request for application for conditional use permit amendment and parking variance to expand the seating area of an existing full service food establishment at 1205 Broadway, zoned C-1, APN: 026-193- 010 Staff Review: September 5, 2006 Previous comments apply. Reviewed by: L.. � Date: 09/05/06 .� Project Comments Date: To: From: 07/15/2005 � City Engineer � Chief Building Official � Recycling Specialist � Fire Marshal � City Arborist ✓ N ES Coordinator � City Attorney Plannin Staff � 9 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 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 Regulations at www.burlingame.org. Reviewed by: Date: 07/18/05 �a � � �� ,� � RESOLUTION APPROVING CATEGORICAL EXEMPTION, CONDITIONAL USE PERMIT AMENDMENT 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 amendment and parking variance for an addition and increase in seatin� area of an existing full service food establishment at 1205 Broadway, zoned C-1, Lenci Farkas Trustee, 733 Fairfield Road, Burlingame, CA, 94010, propertv owner, APN: 026-193-010; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on December 11, 2006, 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: 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 CEQA Article 19, Section 15301 - Existing Facilities, Class 1(e)(1), Additions to existing structures provided that the addition will not result in an increase of more than 50 % of the floor area before the addition, or 2500 SF, whichever is less is hereby approved. 2. Said conditional use permit amendment and parking variance are approved, subject to the conditions set forth in Exhibit "A" attached hereto. Findings for such conditional use permit amendment and parking variance 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 Mateo. Chairman 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 l lth day of December, 2006 by the following vote: Secretary � EXHIBIT "A" Conditions of approval for categorical exemption, conditional use perinit amendment and parking variance. 1205 Broadway Effective December 21, 2006 1. that the project shall be built as shown on the plans submitted to the Planning Deparhnent date stamped November 27, 2006, sheets A-1S, A-1P, A-2P, A-3P and A-EP; 2. that this business location to be occupied by a full service food establishment, with 1,202 SF of seating area (850 SF on first floor and 352 SF on second floor), 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 1,202 SF area of on-site seating (850 SF on first floor and 352 SF on second floor) 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 2,756 SF tenant space and the food establishment use with 1,202 SF of on-site seating and shall become void if the use of the tenant space is changed or the 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; -2- � EXHIBIT "A" Conditions of approval for categorical exemption, conditional use permit amendment and parking variance. 1205 Broadway Effective December 21, 2006 12. that the conditions of the Chief Building Official's August 31, September 26 and October 6, 2006, memos, the Fire Marshal's September 5 and October 10, 2006, memos, the City Engineer's September 5, 2006, memo, the Recycling SpecialisYs September 6, 2006, memo and the NPDES Coordinator's September 5, 2006, 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. �� : . �� .. �� CITY o,� CITY OF BURLINGAME '� PLANNING DEPARTMENT BURLJNGAME 501 PRIMROSE ROAD � � � � � BURLINGAME, CA 94010 � � � ��'�.� S " � .�. +�' a. TEL: (650) 558-7250 • FAX: (650) 696-3790�� '� `'�L ; _,� �.,�,,,,s.'� www.burlingame.org � � ��'� � 4µ � � � ��-,� ��' ' �� _ �"� e .r 4: x ' � a- �q } �. ,�.� a � � ... k �.:_ � € � g `� _ �'.-,�. Site: 1205 Braadway - `' The City of Burlingame Planning Commission announces the following public hearing on Monday, December 11, 2006 at 7:00 P.M. in the fity Hall Council Chambers, SOl Primrose Road, Burlingame, CA: Application for conditional use permit amendment and parking variance for an addition and increase in seating area of an existing full service food establishment at 1205 Broadway zoned C-1, Broadway Commercial Area. (APN 026-193-010) Mailed: December 1, 2006 (Please refer to other side) J��.� ..uv' :_:i `�� '� � � ri" � � - ,.z;?�rj s�.:r-w. G.it�iis' �i,.€L..~'�. $��ig'�'`e��. PUBLIC HEARING NOTICE CITY OF. BURLINGAME A copy of the application andplans fo"r this�project�may be reviewed prior to the meeting at the Planning Department at �501-.Primrose Road, Burlingame, California: If you challenge the subject application(s) in court, you ma raising only ttiose issues �!ou or someone else,raised at;the�� described in the notice'or in'written correspondence tieliv� at or prior to the� public hear'ing �� _�� i �� Property owners who`.receive this notice are responsible their tenants 'about.fhis'notice. For additional informati� (650) 558-7250. Tharik you; , � , - Margaret Monroe �� n �� ' City Planner � . � _ .. E. _._ PUBLIC_ HEARING `.NOTICE (Please refer to other side) be limited to �blic hearing, �d to the city informing please call