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HomeMy WebLinkAbout1215 Broadway - Staff ReportItem # � CITY OF BURLINGAME ,� AMENDMENT TO CONDITIONAL USE PERMIT FOR A FOOD ESTABLISHMENT Address: 1219 Broadway � Meeting Date: 4/24/00 Request: Amendment to a conditional use permit for an existing food establishment in the Broadway commercial area at 1219 Broadway, zoned C-1, Broadway Commercial Area (C.S. 25.36.040, fj. � Name of Food Establishment: Il Piccolo Caffe APN: 026-193-280 Property Owner: Ronald C. and Elizabeth L. Roussey Lot Dimensions and Area: 3,558 SF Zoning: C-1 General Plan: Commercial Shopping and Service Adjacent Development: Retail/Service Commercial CEQA Status: Article 19. Categorically Exempt per Section: 15301 - Existing Facilities, Class 1, operation of existing private structures involving negligible or no expansion of use beyond that previously existing. Ordinance: In October 1999, the City Council adopted Ordinance 1619 which makes all food establishments in the Broadway commercial area and Burlingame Avenue commercial area, Subarea A, conditional uses. The City Council also adopted Resolution 111-1999, which includes a Food Establishment by Type Table establishing the location, type and seating area for each food establishment in each commercial area. Some of the existing food establishments within these areas already have conditional use permits for take-out, delivery services and/or expansions. The ordinance requires that these establishments obtain amendments to their existing conditional use permits to reflect the requirements of the new ordinance. In order to facilitate for merchants and property owners the transition to the new requirements and to provide them with an opportunity to clarify their establislunent's operation, the City has initiated the conditional use permit application at no cost to the owner or merchant. Summary: In March 1995, the Planning Commission approved a conditional use permit and parking variance for a 596 SF expansion of Il Piccolo Caffe at 1219 Broadway (March 27, 1995 P.C. Minutes). Since Il Piccolo Caffe currently has a conditional use permit, this application is for an amendment to the e�cisting conditional use permit as required by Ordinance 1619. The Food Establishment Table by Type defined the food establishment located at 1219 Broadway as follows: • Business Name: • Business Address: • Category: I1 Piccolo Caffe 1219 Broadway Limited Food Service Establishment • Seating Area: 675 SF Amendment to Conditional Use Permit 1219 Broadway The current food establishment located at 1219 Broadway, Il Piccolo Caffe, is classified as a Limited Food Service Establishment with 675 SF of on-site seating. In the July 1998 survey for Il Piccolo Caffe, it was noted that at this premise food is ordered and paid for before and after consumption and that food is served on ceramic plates with metal flatware. During the public hearings on the ordinance and implementing tables, the information on the survey gathered by Planning staff was not disputed by the merchant or property owner. PROPOSED EXISTING ALLOWED/REO'D Use: Seating Area: Limited Food Service Limited Food Service (Il Piccolo Caffe) (Il Piccolo Caffe) 675 SF 675 SF *food establishment requires a conditional . use permit 675 SF * Conditional use permit required for food establishment in the Broadway commercial area. Meets all other zoning requirements. Staff Comments: The City Engineer, Chief Building Official and Fire Marshal reviewed the ordinance and classifications and had no comments. Changes to tenant improvements will require additional city review. . Criteria for a Conditional Use Permit: In order to grant a Conditional Use Permit the Planning Commission must fmd that the following conditions exist on the property (Code Section 25.52.020 a-c): (a) the proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; (b) the proposed use will be located and conducted in a manner in accord with the Burlingame general plan and the purposes of this title; (c) the Planning Commission may impose such reasonable conditions or restrictions as it deems necessary to secure the purposes of this title and to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general vicinity. Findings for This Conditional Use Permit: Since the current regulations limit the number of food establishments to those in the Broadway commercial area as of November 1999 and then as approved by City Council Resolution No. 111-1999 on October 18, 1999, and this business meets those criteria and the business will operate witliin the limits established by that ordinance, the use will not be detrimental to the city's objective of promoting pedestrian oriented retail activity in this commercial area and will be in compliance with the general plan for the area; and since the business shall be required to comply with all the city regulations including providing trash receptacles and litter maintenance in the surrounding area, signage, meet building code requirements, and adhering to the County health requirements, the operation will be compatible with the character of the commercial area. 2 Amendment to Conditional Use Permit 1219 Broadway Planning Commission Action: The Planning Commission should hold a public hearing. Affirmative action should be taken by resolution. The reasons for any action should be clearly stated for the record. At the public hearing the following conditions should be considered (conditions from the previous conditional use permit are in italics, changes to these are shown in standard type face): 1. that this business location presently occupied by a limited food service establishment, with 675 SF of on-site seating, may change its food establishment classification only to a full service restaurant or bar with approval of a conditional use permit for the establishment change; the criteria for the new classification shall be met in order for a change to be approved; 2. that the 675 SF area of on-site seating of the limited food service establishment may be enlarged or extended to any other areas within the tenant space only by an amendment to this conditional use permit; 3. that the applicant shall provide daily litter control along all frontages of the business and within iifry (50) feet of all frontages of the business; 4. that there shall be no food sales allowed at this location from a window or from any opening �within 10' of the property line; 5. that if this site is changed from any food establishment use to any other retail use, a food establishment shall not be replaced on this site and this conditional use permit shall become void; 6. that an amendment to this conditional use permit shall�be required for delivery of prepared food from this premise; 7. that the business may be open 5:00 a.m. to 10:00 p.m. Sunday through Thursday and 5:00 a.m. to 10:30 p.m. Friday and Saturday with a maximum of three.employees at any one time; 8. that the business shall provide and maintain trash receptacles approved by the City and consistent with the streetscape improvements at the front door and the side door leading to the alley; and 9. that the use and any improvements for the use shall meet all the requirements in effect at the time of the California Building and Fire Codes, as amended by the City of Burlingame. Ruben G. Hurin Planner c: David Armanino, Il Piccolo Caffe Ronald C. and Elizabeth L. Roussey, property owners 3 ` ' CITY OF BURLINGA E PLAI�iNING COMMISSION ' MINUTES - Mar 27, 1995 - 7:30 P.M. � CALL TO ORDER A regular meeting of the Planni Commission, City of Burlin me was called to order by Galligan on March 27, 1995 at :30 P.M. ROLL CALL Present: Absent: Staff Present: MINUTES - AGE A - F OM THE FL STUDY ITEMS Deal, Jacobs, Commissioners Ellis and , Key, and Galligan City Planner; Mazgaret onroe, City Attorney; 7 Frank Erbacher, Fire arshal; Keith Marshall and The minutes of March 13, 1995 Planning � mailed. / The order There agenda was approved. no public comments. were no study items. Coleman, City Engineer; Captain; Steve Langridge were approved as The applicants were dvised that 5 of 7 Commissi members were present. The es of procedure for the Commission r uire a quorum (4) affirmati votes to pass a motion on act' n items. The Chair asked if any of t ight's applicants would like t delay their action until a full co mission is seated. No applicants ask for a continuance. ITEMS FOR ACTION 1. SPECIAL PERMIT AND PARKING VARIANCES AT 1219 BROADWAY AVENUE, ZONED G1, BROADWAY COMMERCIAL DISTRICT (RONALD C. ROUSSEY, PROPERTY OWNERS AND DAVID ARMAIVINO. APPLICANTI Reference staff report, 3/27/95, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. If approved five conditions were suggested. Chm. Galligan opened the public hearing. James Sorenson, 812 Newhall Road, representing Il Piccolo discussed the application, explained that the maximum number of employees, at one time, he noted in five years would be 3 not 2 and asked that condition #3 be amended. He also clarified, despite the fact �e $urlingame Planning Commission Minutes Mazch 27, 1995 that the size of the food establishment required only one restroom and it was for employees, the restauranteur could make the restroom available to customers when necessary. Tom Gilman, DES Architects presented a color rendering and discussed the problems of ramping the disabled access in such a narrow space. Mr. Gilman asked the Commission for an interpretation of the building code requirements to waive the disabled access ramp requirements. CP Moriroe explaineci that the issue would have to be worked out with the Chief Building Inspector at a later date. David Armanino, the owner of the caff�, explained there would be no more than 3 employees on site at any time. Carolyn Root, 1407 Montero Avenue, spoke in favor of the application. There were no other comments and the public hearing was closed. C. 7acobs noted the parking survey, the change from 9'=6" to 20' width, clarification of the bathroom � accommodation and felt this business and use are an asset to the Broadway area, she then moved approval of the this application, by resolution, with the following amended conditions; 1) that the project shall be built as shown on the plans submitted to the Planning Department and date stamped February 24, 1995 Site Plan and General Floor Plan; 2) that the conditions of the Associate Civil Engineers' memo dated February 24, 1995 and the Chief Building Official's memo dated February 27, 1995 shall�be met; 3) that the caffe shall tie open 5:00 A.M. to 10:00 P.M: Sunday through Thursday and 5:00 A.M. to 10:30 P.M. Friday and Saturday with a maximum of 3 employees at any one time; 4) that the caff� shall provide and maintain trash receptacles at the front door and the side door leading to the alley; and 5) that the project shall meet all the requirements of the Uniform Building and Uniform Fire Codes as amended by the City of Burlingame. Motions was seconded by C. Kelly and approved on a 5-0-2 (Cms. Ellis and Mink absent) voice vote. Appeal procedures were advised. 2. SPECIAL Reference ; Planning D AND PARKING V t, 3/27/95, with attac comments, and study �CE T 1826 ROLLINS ROAD ONED M-1 (P. J. OL APPAREL INC. AP ICANT . CP Monroe discussed th equest, reviewed criteria, questions. If approved 'x conditions were suggested. Chm. G ligan opened the public hearin . 7ohn Levenberg, represe 'ng the applicant, evaluateti e applic on. The Burlingame site will e administrative use only, manufacturing is accomplis in Star ity, Arkansas. The maximum umber of employees on sit at any one time will be 26. f mail ord r use were to begin at this site e city would receive sales on those sales generated in 'fornia. S ff clarified this use permit se the standard for use of 84 % office on this site, it goes w' h the land, ' the use changes then anothe use permit or variance ma be required depending upo the new use. Commission asked if the buii ng were sold would there b a disclosure requirement o his commercial property. Staff noted the 'sclosure requirement is onl for residential sales at this me. There were no other comments and t public hearing was closed � C. Jacobs noted this i a small family held compan , which is not going to grow t this location and since the users will be ble this is a reasonable r uest. This project will ot be detrimental to the neighborhood, sh hen moved approval of the t s application, by resolution with the following amended -2- CITY OF BURLINGAMF A copy of the application and plans for this project,may be revicwed prior to the meeting at , tlie ., Planning . Department at. 501 Primrose Road, Burlingame, Califo`i-uia:" .;: � � ��"�� . . �` . .. o .. , • . If you chal raising onl� described i at or prior 1 Property c tenants a� 696-7250. Margaret M'� City Planner (Please refer to other side) � �rF, ciry o� CITY OF BURLINGAME , euRun�nME PLANNING DEPARTMENT 501 PRIMROSE ROAD .� :-• BURLINGAME, CA 94010 b,,,,,�,,,.'� TEL: (650) 696-7250 an existing food establishnent in.the Broadway co�awercial area at 1219 Broadway, zoned C-1, Broadway Avenue Coomercial Area. be limited to. blic hearing, :d to the city ming their call . (650) Ap�v:0�6-193—�80pUBLIC HEARING Application for a conditional use permit for NOTICE : 1�19 BROADWAY The. City of Burlingame Planning Co�aission announces the following pu6lic 'hearing, on ��}�11 Monday, 'April 24, � 2000 :: at � 7:0@ . P. M. in the '����: - i y„,: a ounci ambers `-located at ` 501 F.•�I3I�- pri�aro5e Road, ' Burlinga�e, : California. _ �� - Mailed April 14, 2�0 . (Please refer to other side) RESOLUTION APPROVING CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT AMENDMENT RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for � conditional use permit amendment for an existin� food establi hment classified as a Limited Food Service Establishment at 1219 Broadway. zoned C-1 Broadwav Commercial Area APN• 026 193 280, Ronald C and Elizabeth L Roussev. 3571 Earl Drive Santa Clara, CA 95051 �ro�erty owners; WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on April 24, 2000, 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 Article 19. 15301- Existing Facilities, Class l, operation of existing private structures involving negligible or no expansion of use beyond that previously existing is hereby approved. 2. . Said conditional use permit amendment is approved, subject to the conditions set forth in Exhibit "A" attached hereto. Firidings for. such conditional use permit amendment are as set forth in the minutes and recording of said meeting. � 3. It is further directed that a certified copy of this resolution be recorded in the official records of the County of San Mateo. �� I,_Ann Kei, .�, 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 24th day of A�ril, 2000 , by the following vote: AYES: COMIVIISSIONERS: NOES: COMNIISSIONERS: ABSENT: �OMNIISSIONERS: SECRETARY : EXFiIBIT "A" Conditions of approval for categorical exemption and conditional use permit amendment. 1219 BROADWAY effective May 1, 2000 1. that this business location presently occupied by a limited food service establishment, with � 675 SF of on-site seating, may change its food establishment classification only to a full service restaurant or bar with approval of a conditional use permit for the establislunent change; the criteria for the new classification shall be met in order for a change to be approved; 2. that the 675 SF area of on-site seating of the limited food service establishment may be enlarged or extended to any other areas within the tenant space only by an amendment to this conditional use permit; 3. that the applicant shall provide daily litter control along all frontages of the business and ' within iifty (50) feet of all frontages of the business; 4. that there shall be no food sales allowed at this location from a window or from any opening within 10' of the property line; 5. that if this site is changed from any food establishment use to any other retail use, a food establishment shall not be replaced on this site and this conditional use permit shall become void; 6. that an amendment to this conditional use permit shall be required for delivery of prepared food from this premise; 7. that the business may be open 5:00 a.m. to 10:00 p.m. Sunday through Thursday and 5:00 a.m. to 10:30 p.m. Friday and Saturday with a maximum of three employees at any one time; 8. that the business shall provide and maintain trash receptacles approved by the City and consistent with the streetscape improvements at the front door and the side door leading to the alley; and 9, that the use and any improvements for the use shall meet all the requirements in effect at the time of the California Building and Fire Codes, as amended by the City of Burlingame.