HomeMy WebLinkAbout1846 Rollins Road - Staff ReportCity of Burlingame
Conditional Use Permif
Item No. 9b
Action Item
Address: 1846 Rollins Road Meeting Date: March 9, 2015
Request: Conditional Use Permit to add retail sales of alcoholic beverages.
Applicant: Jeffrey Meisel
Property Owners: 1846 Rollins LLC
General Plan: Commercial — Service and Special Sales
APN: 025-169-240
Lot Area: 16,117 SF
Zoning: RR
Environmental Review Status: The project is Categorically Exempt from review pursuant to the California
Environmental Quality Act (CEQA), per Section 15301, which states that existing facilities, consisting of the
operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private
structures, facilities, mechanical equipment or topographical features, involving negligible or no expansion
of use beyond that existing at the time of the lead agency's determination are exempt from environmental
review.
Current Use: Office and warehouse.
Proposed Use: Add retail sales of alcoholic beverages to existing business (office and warehouse).
Allowable Use: Retail sales of alcoholic beverages as accessory use to a permitted or conditional use in
the RR zoning district C.S. 25.44.003(0).
Project Description: The applicant, Jeffrey Meisel, is requesting a Conditional Use Permit for retail sales of
wine, distilled spirits, and beverage accessories such as crystal glasses, carafes, barware and books.
Currently the site contains office space for a marketing company (Merchants of Beverage) and warehouse
space for alcohol storage. The applicant was awarded a Type 21 license by ABC (Alcohol Beverage
Control) for off-sale general sales of alcohol. A Type-21 license authorizes the sale of beer, wine and
distilled beverages for off-site consumption.
The applicant anticipates that no more than 5% of the business operations will be from retail sales from the
subject property, with 95% balance of the business being internet sales. There will be approximately 5
deliveries per day between 9 a.m. and 6 p.m. Tuesday through Friday. The trucks delivering to the site will
not be larger than 20 feet in I�ngth. Packages shipped to customers are shipped via couriers, such as
FedEx or UPS and are usually either dropped off at the shipping facility or picked up by the courier.
The proposed retail sales area will have hours of operation from 11:00 a.m. to 6:00 p.m. Monday through
Friday, closed on Saturday and Sunday. There will be no public tastings offered on-site. There will be
approximately six employees for the retail operation.
Parking is calculated for all of the uses on site as follows:
USE
Office
Retail
Warehouse &
Storage
TOTAL
PKG RATIO
1:300 SF
1:400 SF
1:1,000 SF
SQUARE PKG PKG
FOOTAGE REQUIRED PROPOSED
507 SF 1.69 s aces
530 SF 1.32 space
4,217 SF 4.2 spaces
21) 8 spaces I 10 s
The uses on-site are required to provide one parking space per 400 SF of retail space, one space per 300
SF of office space, and one space per 1,000 SF of warehouse. Based on these standards, a total of eight
parking spaces are required for the site, with the proposed retail area. Given that the existing office area
Conditional Use Permit 1846 Rollins Road
would be converted to retail space, which has a lower parking requirement, the overall parking demand on-
site was reduced by one space. The subject property is in compliance with the parking requirement with a
total of ten existing parking spaces on-site where eight spaces are required.
Determination of Public Convenience or Necessity: As part of this project the applicant has requested a
Determination of Public Convenience or Necessity to sell beer, wine and distilled spirits for off-site
consumption (attached). City Council reviewed this application at their March 2, 2015 meeting and approved
the request determining that the public convenience and necessity would be served by the issuance of a
Type 21 (Off-General) alcohol sales license. Attached for reference is the Council staff report and memo
from Police Chief Eric Wollman, regarding the determination of the public convenience and necessity for
this business. The conditions of approval recommended by Chief Wollman are incorporated as
recommended conditions of approval for the Conditional Use Permit.
Staff Comments: See attached memos from the Fire Division, Engineering Division, and Parks Division.
Findings for a Conditional Use Permit: In order to grant a Conditional Use Permit, the Planning
Commission must find that the following conditions exist on the property (Code Section 25.52.020, a-c):
(a) The proposed use, at the proposed location, will not be detrimental or injurious to property or
improvements in the vicinity and will not be detrimental to the public health, safety, general welfare
or convenience;
(b) The proposed use will be located and conducted in a manner in accord with the Burlingame general
plan and the purposes of this title;
(c) The planning commission may impose such reasonable conditions or restrictions as it deems
necessary to secure the purposes of this title and to assure operation of the use in a manner
compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining
properties in the general vicinity.
Planning Commission Action: The Planning Commission should conduct a public hearing on the
application, and consider public testimony and the analysis contained within the staff report. Action should
include specific findings supporting the Planning Commission's decision, and should be affirmed by
resolution of the Planning Commission. The reasons for any action should be stated clearly 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 and date
stamped February 10, 2015, site plan, parking plan, and floor plans;
2. that any changes in operation or the floor area used for retail sales shall be brought to the
Burlingame Planning Division for review and if needed, to the Planning Commission for approval;
3. that the conditions of the Fire, Public Works, and Parks Divisions December 31, 2015 memos shall
be met;
4. that the approved retail alcohol sales use shall not include tastings or samples;
Conditions of Approval Suqqested bv the Burlinpame Police Deaartment�
5. no noise shall be audible beyond the area under the control of the licensee (s) as defined on the
ABG257;
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Conditional Use Permit 1846 Rollins Road
6. the petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over
which they have control;
7. graffiti shall be removed from the premises and all parking lots under the control of the licensee
within seventy-two (72) hours of the application. If the graffiti occurs on a Friday or weekend day, or
on a holiday, fhe licensee shall remove the graffiti within seventy-two (72) hours following the
beginning of the next weekday;
8. the exterior of the premises shall be equipped with lighting of sufficient power to illuminate and make
easily discernible the appearance and conduct of all persons on or about the premises. Additionally,
the position of such lighting shall not disturb the normal privacy and use of any neighboring
residences; and
9. loitering (loitering is defined as "to stand idly about; linger aimlessly without lawful business' j is
prohibifed on any sidewalks or property adjacent to the licensed premises under the control of the
licensee as depicted on the ABC-257.
Catherine Barber
Senior Planner
c. Jeffrey Meisel, applicant
Attachments:
Application to the Planning Commission
• Conditional Use Permit Application
• Commercial Application
• Business Plan-Overview
City Council Staff Report — March 2, 2015
• Inter-Department memo from Chief Eric Wollman, dated February 5, 2015
• Application to the Department of Alcoholic Beverage Control
• Approved City Council Resolution 20-2015
Planning Commission Resolution (Proposed)
Notice of Public Hearing — Mailed February 27, 2015
Aerial Photo
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COMMUNITY DEVELOPMENT DEPARTMENT • 501 PRIMROSE ROAD • BURLINGAME, CA 94010
p: 650.558.7250 • f: 650.696.3790 • www.burlingame.org
APPLICATION TO THE PLANNING COMMISSION
Type of appiication:
�Design Review ❑ Variance
Conditional Use Permit ❑ Special Permit
PROJECT ADDRESS:
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❑ Parcel #:
❑ Other:
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* Burlingame Business License #:
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AFFADAVIT/SIGNATURE: I reby ert� un e0alty of perjury that the information given herein is true and correct to the
best of my knowledge and b ief.
Applicant's signature: � Date: �� ��� �/
I am aware of the propo app � ation a eby authorize the above applicant to submit this application to the Planning
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Property owner's signature:�/ `�--�_� Date: �1 ' ����/
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* Verification that the project architect/designer has a valid Burlingame business license will be required by the
Finance Department at the time application fees are paid.
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City of Buriingame • Community Development Department • 501 Primrose Road • P(650) 558-7250 • F(650) 696-3790 • www.burlinqame.orq
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CITY OF BURLINGAME
CONDITIONAL USE PERMIT APPLICATION
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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 fo property or improvements in the vicinity or fo public health, safety,
general welfare or convenience.
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2. How will the proposed use be /ocated and conducted in accordance with the
Burlingame General Plan and Zoning Ordinance?
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3. How will the proposed project be compatible with the aestheiics, mass, bulk and
character of the existing and potential uses on adjoining properties in the general
vicinity?
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Rev 062007 Handouts\Conditional Use Permit App.doc
From Jeffrey Meisel
City of Burlingame Conditional Use Permit Application
Addendum
Answers to questions 1,2,3
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The proposed business at the proposed location would be neither detrimental nor injurious.
The trade conducted at the premises, and any improvements made at the business location,
are all related to minimal-impact wholesale and retai) trade of finished gourmet goods. The
products and goods sold are commonplace and neither dangerous nor detrimental to
community or adjacent properties. There is no impact on the public health, safety, general
welfare or convenience to the community.
The proposed project will not require any additional construction, nor will it greatly increase
traffic.
The building has a new security system that includes motion detectors and video
surveillance.
For the general welfare / community: The proposed project will also have the opportunity
for our customers to opt-in to give back a portion of their sale to one of several charitable
organizations. In other words, our customers can recommend a charitable organization and
if selected, the customers can opt to have our company give back 5% of the sale to this
organization. One such example of an organization is Share Our Strength another is the
local Food Bank.
2. The proposed use will be located and conducted in accordance with the Burlingame General
Plan and Zoning Ordinance. We are not asking for any construction permits or changes.
The proposed project will be compatible with the aesthetics, mass, bulk and character of the
existing and potential uses on adjoining properties and in the general vicinity. The
proposed project wil) not be making any significant changes that affect the aesthetics,
mass, bulk and character. We have no plans for any new construction. Therefore we do
not see this as an issue.
Community Development Dept • 501 Primrose Road ■ Burlingame, CA 94010 ■ P:650.558.7250 ■ F:650.696.3790 ■ www.burlinaame.orst
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1. Proposed use of the
COMMERCIAL APPLICATION
PLANNING COMMISSION APPLICATION SUPPLEMENTAL
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2. Days and hours of operation �%' � � � /��/t+ — � ��%`'
3. Number of trucks/service vehicles to be parked at site (by type) T����cr ��� �.,. r� .��./ir�''y�
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4. Current and projected maximum number of employees (including owner) at this location: CL�'�'��� �
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Hours of Before After Before After Before After
Operation 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 pm
Weekdays � ,
Full-time 3 � ��
Part-time
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Weekends � � �
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5. Current and projected maximum number of visitors/customers who may come to the site:
Hours of Before After Before After Before After
Operation 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 pm 5:00 pm
Weekdays �
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Weekends � �� � � � /��
6. What is the maximum number of people expected on site at any one time (include owner, employees and
visitors/customers): � �
7. Where do/will the owner and employees park? �n t*c,, �'ii� ��7� ar� ��P� ���1
8. Where do/will the customers/v
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10
Present or most recent use of
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List other tenants on property, their number of employees, hours of operation (attach a list if more room is
needed) Vc�vi.r+�i�d�,. ,,��< , ,A-/% �,�'����1. /�Ji� �I�SrI
Commercial Application.doc
From: Jeffrey Meisel
2/5/2015
Re: City of Burlingame Conditional Use Permit Application
Subject: Business Plan Revised
I, Jeffrey Meisel, received Priority Drawing for an Original Off-Sale General License Type 21
in San Mateo Country. It is now my goal to receive a Conditional Use Permit from the City of
Burlingame.
Overview:
• Ope�1 an online retail destination for the world's best wine and spirits, and specialty
products.
• The vast majority — forecasted at approximately 95% - of the business will be via e-
commerce. What this means for the local business is that I will have a small
footprint, with minimal impact on traffic and parking.
• I will not advertise as a walk-in business, but rather as an e-commerce destination.
• Busiiless will be open to the public during normal business hours.
• There will be approximately five deliveries a day between 9AM and 6PM Tuesday
through Priday with trucks not larger than 20' in length.
• Picic-up by common carrier (FedEx, UPS and GSO) will occur one time each day to
pick up packages that are sent to customers
Employees:
• I, Jeffrey Meisel, will run the operation for the retail business.
• I will hire a team one by one as needed for the business to grow
Transportation and parlcing:
• Walking distance to BART
• Parking lot on site and ample street parking
Zoning:
• Zoned "RR" for Rollins Road District in City of Burlingame
Tastings:
• I have NO plans to do public tasting at our business.
Hours of operation:
• I propose the following hours:
o Monday to Friday: 11 AM to 6 PM
o Saturday and Sunday: closed
Current operation:
• 1846 is home to Gourmandi, Inc, DBA Merchants of Beverage, a wine & spirits
marketing company
• Employees at this location will remain here and work exclusively for Gourmandi.
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From: Jeffrey Meisel
12/19/2014 , .
Re: City of Burlingame Conditional Use Permit Application
Subject: Business Plan
I, Jeffrey Meisel, received Priority Drawing for an Original Off-Sale General License Type 41
in San Mateo Country. It is now my goal to receive a Conditional Use Permit from the City of
Burlingame.
Introduction:
My ties to Burlingame started many years ago when I worked in sales and had the
opportunity to meet merchants and connect with their community. Last fall was a major
transition as my friends Craig anu Annie Stoll opened Pizzeria Delfina in Burlingame. I
watched them develop and build the restaurant and integrate themselves into this city.
When looking for a location for my company, I knew after speaking to Craig Stoll about
Burlingame that this would be a perfect spot.
Overview:
To Create a liixury retail store offering fine wine and spirits, and beverage accessories such
as crystal glasses, carafes, barware and books.
The primary customer base will not come from foot traffic but rather from e-commerce.
We are set to partner with a luxury ecommerce marketing company to be the primary
vendor to supply their customers. This marketing company is Merchants of Beverage.
Their customer base is local and also stretches beyond throughout California.
Therefore the vast majority - forecasted at approximately 95% - of the business will be via
the website. What this means for the local business is that we will be have a small footprint,
with minimal impact on traffic and no parking concerns.
We will have a simple storefront, not an opulent one with big displays of brands or alcohol.
We have no desire to market with any neon signs or displays.
We will be open to the public as required or recommended by law and the City of
Burlingame.
Current Use of 1846 Rollins Road:
Currently Merchants of Beverage, the aforementioned Marketing Company, has its offices
here.
Currently the building also serves as an off-site storage facility for another retailer located
in South San Francisco. This operation is almost entirely the same as what will be replaced
when I open the proposed business. Meaning, currently, as a permitted off-site warehouse
for this retailer, trucks make deliveries between 9AM and 6PM Tuesday through Friday.
There are approximately five deliveries a day with trucks not larger than 20' in length.
The operation then unpacks, warehouses, repacks and delivers these packages back to the
retailer for their point of sale.
Under the new operation the primary difference is that the "point of sale" will be our retail
operation.
Packages will then be shipped out via a courier service such as FedEx, UPS and GSO.Once a
day these packages will be picked up or dropped at the shipping facility.
There will be a miniscule percentage of customer pickups - the forecast is approximately
5% or less.
Concept:
My goal is to create an online retail destination for the world's best wine and spirits, and
specialty products. This will be licensed by the CA ABC.
Specialized spirits and fine wine are gaining in popularity and becoming more widely
available every year. New products, like beer, wine, spirits, are coming to market at an
increasing pace and suppliers are having a difficult time reaching customers due to large
brands and barriers to entry by a variety of layers: the big distributors and big box retailers
focusing on mostly large commercial producers. Lead by a desire to connect more closely
with crafted, high quality products combined with media attention and a host of other
motivations, consumers are in search of wine and spirits that are sadly not in easy reach
but should be. This project will provide customers access to the finest products in the
world at a variety of price points from $20 and up.
My long-standing relationships with suppliers, winemakers, distillers and distributors
make this sourcing possible and rich in opportunity.
Therefore, once I become the retailer of record: My retail project is uniquely positioned to
offer customers locally and throughout California the access to some of the best wine and
spirits produced around the world. We will offer local Bay Area winemakers such as Unti
and Matthiasson, and local distilleries such as Anchor, St. George Spirits and Spirt House
Works. We will also bring the diversity the world offers to our store - with Italian Amaro
like we see offered at top restaurants such as Delfina Pizzeria and artisans from
Williamsburg, Brooklyn (NY Distilling Co) to downtown Chicago (Koval) to Wisconsin
(Death's Door).
I have spent 20 years in the world of wine and spirits - working as a restaurant manager in
Napa Valley, to running the wine program at Delfina and Pizzeria Delfina, to running sales
for a boutique import company. Now it is time to bring all my energy to curating the best
wine and spirits the world produces and offer them to a discerning customer base.
The marketing company that we are partnering with has already built a strong following in
just a few months time. We are positioned to continue to cultivate both local and
international relationships.
Team:
We plan to have a team of less than six people working at our retail operation in the first
year with up to approximately ten people in 12 months.
We are walking distance to BART and in fact some of the current employees already use it
for commuting to and from work.
Tastings:
We have NO plans to do public tasting at our business.
Hours of operation open to the public:
We will limit the hours as needed and recommended.
We propose:
Monday to Friday: 11 AM to 6 PM
Saturday and Sunday: closed
BURLINCiAME STAF F RE PO RT AGENDA NO:
MEETING DATE: March 2, 2015
To: Honorable Mayor and City Council
Date: March 2, 2015
From: William Meeker, Community Development Director —(650) 558-7255
Subject: Request for a Finding of Public Convenience and Necessity (PCN)
Pursuant to Section 23958.4 of the California Business and Professions
Code, Related to a Request for a Type-21 (Off-Sale, General) Alcoholic
Beverage Sales Permit Issued through the California Alcoholic Beverage
Control Board (ABC), as Requested by Merchants of Beverage (Jeffrey
Meisel), located at 1846 Rollins Road
RECOMMENDATION
The City Council should:
• Conduct a public hearing and consider all information within the staff report, as well as
any written and oral testimony, and following closure of the public hearing;
■ Consider adoption of the following resolution, by title only:
"A Resolution of the City Council of the City of Burlingame Determining that the Public
Convenience and Necessity would be Served by the Califomia Alcoholic Beverage Control
Board's Issuance of a Type-21 Alcoholic Beverage Sales License for Merchants of
Beverage (Jeffrey Meisel), located at 1846 Rollins Road"
BACKGROUND
A request has been submitted to the City for a finding of Public Convenience and Necessity
related to Merchants of Beverage's (Jeffrey Meisel's) request for a Type-21 (Off-Sale, General)
alcoholic beverage license for its on-line business enterprise based at 1846 Rollins Road. The
zoning of the business location is Rollins Road (RR). Within the RR zone the retail sale of
alcoholic beverages for off-site consumption as a use that is ancillary to a permitted use within
the zone requires a conditional use permit. An application for a conditional use permit has been
submitted and will be considered by the Planning Commission if the City Council grants the
request for a finding of Public Convenience and Necessity.
DISCUSSION
Finding of Public Convenience and Necessity: Pursuant to Section 23958.4 of the California
Business and Professions Code, in instances where the number of licenses for alcohol sales
1
PCN for Merchants of Beverage (Jeffrey Meisel — 1846 Rollins Road) March 2, 2015
within a census tract exceeds the maximum number allowed within that tract as set by the ABC
(constituting an "overconcentration"), a"finding of public convenience and necessity" is required
of the local jurisdiction before the ABC will consider the license request.
Merchants of Beverage is situated within Census Tract 6051; within this census tract the
maximum number of licenses allowed by ABC is one. There are currently seven off-sale licenses
in this census tract. Because the number of licenses within the census tract exceeds the
maximum permitted by ABC, the agency's rules require the applicant to seek a"finding of public
convenience and necessity" from the City before the agency will complete processing of the
license transfer. Adoption of a finding of public convenience and necessity by the City is, in
essence, a determination that based upon analysis by the City, transfer of the licenses is
necessary to ensure that adequate opportunities exist for the public to purchase alcohol products,
and to weigh-in on whether or not the public health, safety and welfare are potentially affected by
the issuance of additional licenses beyond the ABC's threshold.
Police Department Review: The Burlingame Police Department has reviewed Merchants of
Beverage's (Jeffrey Meisel's) request for approval of the ABC licenses. The findings of this
review are attached to this report (see memorandum from Police Chief Eric Wollman, dated
February 5, 2015). To summarize, the Department supports a finding of "public convenience and
necessity" based, in part, upon the following findings:
■ Merchants of Beverage has been in this location since September of 2014 with no police-
related calls for service;
■ Merchants of Beverage is primarily an on-line sales company with very little anticipated
on-site sales activity (estimated to be less than 5% of their business);
■ Merchants of Beverage is located in a commercial business district with no parks, schools,
or residential housing in the area.
Though the Police Department supports a finding of public convenience and necessity; Chief
Wollman recommends that the following conditions be forwarded to the ABC for its
consideration prior to issuance of the license:
1. No noise shall be audible beyond the area under the control of the licensee(s) as defined
on the ABC-257.
2. The petitioner shall be responsible for maintaining free of litter the area adjacent to the
premises over which they have control.
3. Graffiti shall be removed from the premises and all parking lots under the control of the
licensee within seventy-two (72) hours of application. If the graffiti occurs on a Friday or
weekend day, or on a holiday, the licensee shall remove the graffiti within seventy-two
(72) hours following the beginning of the next weekday.
4. The exterior of the premises shall be equipped with lighting of su�cient power to
2
PCN for Merchants of Beverage (Jeffrey Meisel - 1846 Ro/lins Road) March 2, 2015
illuminate and make easily discernible the appearance and conduct of all persons on or
about the premises. Additionally, the position of such lighting shall not disturb the normal
privacy and use of any neighboring residences.
5. Loitering (loitering is defined as "to stand idly about; linger aimlessly without lawful
business") is prohibited on any sidewalks or property adjacent to the licensed premises
under the control of the licensee as depicted on the ABC-257.
FISCAL IMPACT
None.
Attachments:
.
Resolution
Police Department Comments
Request for Finding of Public Convenience and Necessity
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BURLINGAME POLICE DEPARTMENT
Memorandum
To: William Meeker, Community Development Director
From: Eric Wollman, Police Chief
Subject: Deterxnination of Public Convenience or Necessity for Merchants of Beverage (1846
Rollins Rd.)
Date: February 5, 2015
Merchants of Beverage (1846 Rollins Rd.), an online marketplace for beer, wine, spirits and
specialty products, is requesting a Finding of Public Convenience and Necessity (FOPCN) to
allow off-sale of same in their business showroom.
The Alcohol Beverage Control Board (ABC) enforces the licensing of alcohol retailers regulated
by State Law under Section 23958 of the Business and Professional Code. ABC will deny any
application if issuance of the license will create a law enforcement problem or if issuance will
result in or add to an undue concentration of licenses.
Merchants of Beverage is currently located in Census Tract #6051, which roughly consists of the
Broadway, Rollins Road, and Bayshore Highway area. There are currently 7 off-sale licenses in
this Census Tract. ABC limits the amount of off-sale licenses in this tract to l.
The phrase "public convenience and necessity" is not defined in the ABC Act provisions of the
State Business and Professions Code or in the ABC guidelines. Other than the number and
location of licensed alcohol premises, the Burlingame Police Department (BPD) used the
following factors to determine the level of support for a finding of "public convenience and
necessity":
Merchants of Beverage has been in this location since September of 2014 with no police
related calls for service;
Merchants of Beverage is primarily an online sales company with very little anticipated
on-site sales activity (estimated to be less than 5% of their business);
Merchants of Beverage is located in a commercial business district with no parks,
schools, or residential housing in the area.
BPD's conclusion is as follows:
Merchants of Beverage is an online marketplace for beer, wine, spirits and specialty products.
Their on-site off-sales of alcohol will be limited (estimated to be less than 5% of their business).
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After a site visit, we do not anticipate any negative impacts on the community and it does not
appear as if their request will create a law enforcement problem in that area. The police
department has no reason to deny the request; however, we recommend that any approval of their
request be subject to the following conditions:
No noise shall be audible beyond the area under the control of the licensee(s) as defined
on the ABG257.
The petitioner shall be responsible for maintaining free of litter the area adjacent to the
premises over which they have control.
Graffiti shall be removed frorn the premises and all parking lots under the control of the
licensee within seventy-two (72) hours of application. If the graffiti occurs on a Friday or
weekend day, or on a holiday, the licensee shall remove the graffiti within seventy-two
(72) hours following the beginning of the next weekday.
The exterior of the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or
about the premises. Additionally, the position of such lighting shall not disturb the
normal privacy and use of any neighboring residences.
Loitering (loitering is defined as "to stand idly about; linger aimlessly without lawful
business") is prohibited on any sidewalks or property adjacent to the licensed premises
under the control of the licensee as depicted on the ABC-257.
;
. -- -- _ _.. _. .- _. _ _ ,. . _. . _
; __ _ � , _ . _ _
January 29, 2015
Via US Mail
Bill Meeker, Community Development Chair
Community Development Department
501 Primrose Rd.
Burlingame, CA 94Q10
Re: Jeffrey Meisel
1846 Rollins Road, Burlingame CA 94010
Dear Mr. Meeker:
��� ��,,�������
i�� I� `� �i ��1,�i''
�.;! � `{ :�i= i.sZ.fFtLlN�.;E1N1E:
; :r;s, �,,_qF$i�ifNC� C;�`:1
Good Day. My name is Jeffrey Meisel and I am planning to open a new e-commerce site at
1846 Rollins Road, Burlingame CA 94010. I have applied to the Department of Alcoholic
Beverage Control for a Type 21 (Off-Sale General) License to allow the sale of beer, wine
and spirits at this location. My situation is unique in that I am not seeking to open a'brick
and mortar' retail establishment, rather operate an online marketplace for the world's best
wine, spirits and specialty products.
I was awarded an original-issuance Type 21 priority license because the population of San
Mateo County has grown and new 21 licenses became available during ABC's annual
priority application period. I have filed an application with the ABC to have the new Type
21 license issued at the Burlingame premise on January 6, 2015.
Section 23958.4 of the Business and Professions Code states that if a premises is located in
a census tract area that has an "undue concentration" of off-sale licenses, a determination
by the governing body that public convenience or necessity ("pCN") would be served by the
issuance of the new license is required. The ABC has advised that the premises are located
in an area that has an "undue concentration" of off-sale licenses, and that a PCN is
therefore required.
I am requesting a finding that public convenience or necessity will be served by allowing
me to sell wine, distilled spirits and specialty items via internet sales as it will complement
the surrounding Rollins Road businesses and bring additional revenues to the City of
Burlingame. My intention is to conduct business transactions and package orders for
delivery via common carrier. I will have a showroom with wine, distilled spirits and
specialty items available for sale for off-site consumption during business hours. I
anticipate my hours of operation to be Monday through Friday 11:00 am to 6:00 pm. I
._. _- _ ___..
Burlingame Community Development Department
January 29, 2015
Page 2
---,_._ _ _. . _
I
I
anticipate walk-up sales to be 5% or less of my operations which will not impact parking or
noise.
I intend to run a responsible e-commerce business that will serve the community in a
positive and responsible manner. Please note that I have included the following ABC form
copies: ABC-255 (Zoning Affidavit), ABC-245 (Information and Instructions Section 23958.4
B&P), and ABC-257 (Licensed Premises Diagram & Operations) to assist you with your
determination.
For these reasons, I am requesting a determination that public convenience or necessity
will be served by allowing me to obtain an alcoholic beverage license to sell beer, wine and
spirits.
If you have any questions or require additional information, please do not hesitate to
contact me.
Sincerely;
/
Jeffrey Meisel, Owner
Mobile: 415.786.5474
Email Address: jeffmeisel@gmail.com
Cc: Catherine Barber via e-mail (CBarber@burlingame.org)
I
i
m M1 n',� �=�a
�. �ws�:.�.., �`�.�'�i+ y�`j � �
� �', � :,�
Departm�rrt of Alcoholfc Beverage Control , t; s� { �� � Scate of cel�omla
%� �` ��� �� !,- Edmund G. Brown Jr., Governor
INFORMATION AND INSTRUCTIONS -
SECTION 23958A B&P ;� r.; ;;� i;;:.�;�� s����i��.i���r=.
Iastrucdons This form is to be used for all applications for original issuance or1�remise���i,�i'L�'��s transfer of licenses.
. Part 1 is to be completed by an ABC employee, given to applicant with pre-applicalion package, with copy retained in
holdiog file ur applicant's district file.
. Part 2 is to be completed by the applicant, and returned to ABC.
Part 3 is to be completed by the local goveruing body or its designated su6ordinate officer or body, and returned to ABC.
PART 1- TO BE COMPLETED BY ABC ,_^„_ __.� __
1. APPLJCANT6 NAME — -- —
MEISEL, Jeffrey Ftichard _ __
2. PHEMISES ADORESS �Straetnumber and name, cdy� zip aode) ^ 3 UCENBE TYPE
1846 Ro�lins Rd, Burlingame CA 94010-2205 _ _ � 21 _
4. TYPE OF BU31NE5S
�Full Service Resmurant �Hotbrau/Cafeteria
�Delf or Specialry Restaurent �Comedy Club
�Cafe/Coffee Shop �&ew Pub
� Bed & Breakfast: �Theatet
�Wine onry �All ,
�Cocktail Lounee
� Night Club
�Tavern: Baer
�Tavem: Beer & Wine
� Private Club
�Veterans Club
� Fraternal Ciub
� W ine Tasting Room
�Supertnarlcet �Mernbership Store � JService Statron �Swap Meet/Flea Market
� Liqwr Store � C3epartment Store LConvenience Market � Drive-In Dairy
� DrugNariety Store � Florist/Gift Shop �Comrenience Market w/Gasoline
XOOthe�-describe: V1la�ehOUSe, Office & Accessory Retail sales of upscale wines, spirits & champagne
R. Cnt1NTV A�PLJLATION I8. TO'tAL NUM9EA OF UCEN6E5 IN COUNTV ��� RAllO OF LICENSES TO P�PULATION IN COUNT
3,014/745,193
On�ale iJOff-Sale
��'�B
8. CENSUS TRACT NUMBER 9. NO. OF LICENSES ALLOW� IN CENSUS 7AACT 10. NO. OF UCENSES EIUSflNG IN CENSUS TRACT
6051 1 �On�ale �X Off-Se1e 7 �on-5ale Coti-saie
71. IS TNE A60VE CENSUS TRACT OVEHCONCENTFlATED WITH LICENSES? G.a., does the indo oFlrsnaes �o populsum In the oen8us ha�t excaed tt�e retlo of Iicenses to popWaUon (or the entlre county?) i '
X�Yes, tha numher of exlsUng ricenses exceeds the number allowed
� No, the number of e�dsdng 6censes is bwer than the number albwed �
12 DOE5 LAW ENFORCEMEt�YT AGENCY MAINTAIN CRIME 6TATIST{C57�
X❑Yes (Go tn Item #13) X�No (Go Uo ttem �20) ,
�
13. GRIME REPOqTINa DISTRICT NUM9fR 14. TOTALNUM6EH OF RB'ORTING DISTAICfS 15. TOTA� NUhBEA OF OFFENSFS IN ALL REPORTING OISSAICTS � ,
reportin district'C° 3 1,696 I��
16. AVEpAGE N0. OF OFFENSES PER DIB'TRICT 17. 120X OF AVERAGE NUMBEA OF OFFENSES 18. TOTAL MUMBEA OF OFFENSES W fiEPOaTING bISTRICT �,
sss �678 �381
1B. 16 7HE aREMISES IOGnTE� IN A HiQH CRiME AEPOR7iNG DiHTRICT4 (+,e., nes a 20% preater wmber of reparted crfines Mrn thB everape numhar d
reportliq d�ahids within the pxlndicton af tlia lnod lew enforcanearrt apanCy)
�Yes, the total �umber of offenses in ihe reporting distrlct equals or exceeds the mtal number fn item IF17
tha total number of offenses in the reporting district is lower than the total number in ftem #17
cflmas aS Aaterm�netl hom mi crpne
0. CHECK TNE BOX TMAT APPUE8 (dieck only one boxJ ��.
� a If "L1fQ° fs checked in both item #11 � item #19, Section 23958.a B&P does not aaalv to this eppi(cation, and no additional lnfortnadon will be needed
on this issue. Advise the app9aant to 6ring thls completed form to ABC when fiG�g the applicetion.
� b. If "Yes" is checked in eilher Item Mt 1 or item #19, and the applicant is applying for a non-retail license; $ retail bona fide public ealing place Acense, a
retail I�ense issued for a h�el, motel or other lodging esta6{iahment as defined in Seciion 25503.16(b) B&P, or a retail license issued in conjuction with a
beer manufacturer's Ilcense, or winegrowe�s �cense, advise the annlicant to comofete Sacfion 2 end bring the completed form to ABC when fiBng the
epplicaHon or as soon as possibfe thereafter.
� c. If "Ygv" is checked in either item 1t11 Qr iEem a19, a� Ihe applicant is applying tor an otf-sale beer and wi�e Iicense, an off-sale general Gcense, an on-
sale beer license, an on-sale beer and wine (pubAc premises) license, or an on-sale generel (publ"� premises) Acense, advise the �policant to teke tTiis f��irt
to fhe local govemina bodv or fts desionated subQ�d+nate oHlcer or bodv fo have them comnfete Secfion 3. The completed form wfll need to be provided to
ABC in order to pracesa the applicatlon,
Governing Body/Desipnated Subordinete Name: City Councd
of Dvpanment Emplayee)
ABC-245 (rev. D1-11)
PART 2- TO BE COMPLETED BY THE APPLICANT (If box #20b is checked)
..__--
—._. __�___�. _._____._
_._. ___ _ __. �--- - ._----_,.. -- --
• ased on the information on the reverse, the Departrnent may approve your applicabon If you can show that public convenlence or �
necessiry would be senred by the issuance of the license. Pfease describe below the reasons why issuance of another license is JusUfled in
this area. You may attach a separate sheet or additional documerttion, ff desired. Do not proceed to PaR 3.
PART 3- TO BE COMPLETED BY LOCAL OFFICIALS (if box �20c Is checked)
The applicant named on the reverse Is applying far a Acense to sell slcohallc bevera es at a premises where undue concentration exists (l.e.,
�aysCode) r Sectfonsr23956 and 23958.4 of the Buseness and Prof�es�s o srCode �equi �the Dep� arEme�nSt o deny t e a�p� plfcation n ef s the local
overning body of the area in which the appt[canl premises are located, or fts designated subordinate officer or body, deiermines within 90
of notification of a completed appHcation that public convenience or necessity would be served by the issuance,
Please complete items #24 to #30 bel�w and certify or affix an officiat seal, or attach a copy of the Council or Board resolution or a signed
letter on offlclaf ►etterhead stating whether or riot the issuance of the applied for Iicense would se�ve as a public convenience or necessity,
24. WILL PUBUC CONVENIENCE OR NECES6ITY BE SEAVEp 6y ��q�E Qp TM�y p�COkDGC BEVERAGE LICEN9E7
�Yes �No
❑ see Atmched p.e., ietter, resoluUon, etc.)
26. A�01'f1DNAL CpMMET1T9, IF DE91Rm (msy q�cNbp rs�p�q (��taval or denlal W p�Yc cpwanlence or -
�ecessflgJ:
i
-- _ � _ , .. _,_ _ - . _ , :
Depertment of ploohoue Beverepe Cont►ol ����
LICENSED PREMISES DIAGRAM (RETAiL)
� nPPI�C�MT NAMf Iln•1, I+�1 �rodel 7 u[:f.nSE rvPE
Meisel, IeiTrey, Ric6ard 2l
.._ _--. ..--
9 PA6MtSf5A00PE9S (8rwtnnibnnOnrn.yN,d0aedl) . . .
� e�cFrr[GrCROS557HtEi
1846 ROLLWS RD., BURLINGAME, CA 94010 Adriea Rd.
_ . _ _ _ _.. _
'}"he din�ram below is a tnie and cc�rrect Jesu•ipiiun oi'the entriinees, rxit., interirn• �valls and exteriur
boundaries of the premises to bo lie�nsed, ii+rlurliri.� dinlensions ruu! ►dent;J;c�eri�,�� ofeach room (i.e., "sloreroo►n",
,�����.�;.efc,)� _ ..
dIAGRAM , , . . . . . . . . . . . .
. �. . .
•- �� �"�/.
rb�- . .-.----«� , , _ . ,
„�+.....d....... . . _ . .
, . r .,W,,,,�. _. .�.a.:'�`.. �_ .
r . ;
. � .
�. .�, - ��,
_.._ ____ :!�.
_.._.� ,:.-�.�-- �
_ _ ---_. .. -- -
__..__. ,�,� ,
� t�_: _�. = _- .-- ------ - :=_- .-: -
�/_. �,-._.�Li�i��_ � �I '�• . .
f � �: -. _:�
-: .,_..
- �-_: , .---- , •-�-�- _ �.��
_ e � �. _. s����+Yr� , �'�,. . .
V
� 14,, .. �,--�; -.�... �-- :- ._. __
� ,) � „ - ��:1 . ,
' w��� � . � i ' da� '
r-:'i�%a � .5`�li�J. . � . _ _ �- � , t. .
. . . f Y��i�� .
!''�� �NO flRd'f F1.�30i1 �YNi . . . . .
- ._ �.__..._.^-�... �
., wi.,.�. . . ...._ _ _._ ._.... �. �_�.�_' � •
. . � . . . . . . . � . w..r;.r
It is hereby declared that the above-descrtbcd boundaries, ent�ancas and planned operation as indicate� on the
reverse side, will not be changcd without first notifying and securing prior written approval of the Department of
Alcoholic Heverage Control. I declare under penatty of perjury that the fo�going is trua end correct,
.
nF'Pi4!'c! .;t10.F . . . . ��pun6l OAfE S:f,Np _ _ . . ...
�..•� ` �--�- I r',�� ,�- _ _
�
�-.- " F�R A9C USE ONLY
- -- -- --. _ . _ .. .
CERfu:�f:tlCf:iipF.[T I�p) � �f+RRlfEG�JAVF.. � ..- . �INSPECIip>IfthTf
I
�� I
i
Department of A�CohoUc Beverage Corqrol
PLANNED OPERATION (RETAIL)
SECTION 1- FOfi ALL RETAIL APPUCANI'S �
� APPl1CANTNAAAEf9) t Ltf�TIBETYPE18)
Meixal, IEffiCy. R1CIff[d 2L
9 PNEMI9E6ADDRE88(3twcnwibrrkn�,eq6Npmdq 4 NEME9TCNOBBSipEET
1846 ROLLINS RD., BURLIN(}AME, CA 94010 Adrian Rd,
6 TYPEOFBUBNiE58(qeoroM�rlbKdwlYrlhPYm�dapr�tlon)
�FultBervice Restaurent QCa(eteriaRiolbrau �Cocktail Lounge QPrivate Club
�Oeli or Spedaity Restaurent ❑Comedy Ciub �Night Club �Vetefans C1ub
�CafelCoflea Bhop ❑Brow Pub �Tavem �Fratemal Club
�8ed�8teakfe�st ❑Thester �WineTastlngRoom
.... ..... ._. _.. . ....... . ,. _....__. .. ....... _ ........ ........-•- _......._.......... ...........,...__... ...... _.. . .. . . . ............... .. .. .. . . ....................._.,.................,,....,....,,. ...., ._..
- -- ...... .......,.
❑Supetmerket ❑Membershfp Store �Service Stalion �8wap MeeUFlea Metket
�Liquor 56ore �Depertrnent SWre �Convsnfenae Market DOrive-in Dairy
�variery/0ivg Store �GiR ShoplFlariat �nvenienCe Market wlGaso�►e
�Olher - desaribe: Warehouse, officx u►d accessary rottii eales of upscale wiae�, spiriis and champag�.
f PAiqONCAPAqTY 7 BURROlN101N0AREl1 -B �REINSESISIOCATEDiN
�p0 �,/ Canrtierciel Rural � J Fr6e Standing Bufiding
Re�dendel glndustrial BShopping Center (Neme):
�Ottter �t0 Ur�ite or Leas �Mnrethan 10 Units
9 FOOUBEfiVICE M PANI�N(iLUf't N PATI07 12 IMLLYOUiMFiEA 1� WILLVdlFMVEA
IAAN�liBn(RUM57',q /OODLEHS�11RW6f71
�✓ None �Minimel QFull Mesls QYea ❑No ❑Yes QNo ❑Yas ✓�No �Yes �No
/� MEN. TYPE 16 TYPE OF F000 10 NOIMI� OP f000 BEAVqE
YREANFASiNOURS
�Dimer Hou6e �Seafood �Ame�icen �Greek ❑Mdian ❑French From: ..._.TO: ,,.,....._....,,..
.............. _..,,..., .......... .. _.....
�urd�Houne
❑FastFoodlDeli OOther: �Chineae �Korean ❑Itelien �Thai Fran: .To: _
........ .........._................. ..,...
owue�Hama
❑PizzalPasta QJa�eneae �01her. Fqn: To:
+� oPourn+c riax+a
Sunday Monday Tuesday Wedneadey Thuraday
oaen�o r� � � i:oo wn i�:o� � i t:oo.� i�:oo �
Cbsing Tima 6:00 pm 6:00 pm 6:00 pm 6:00 pm
te ENIEATMNMEKT (0rr a ma� �Y �PdY 1'Mw d�wlb� �nYwieRblwMrt MM �n aN�131') b�bw1
�None Q'AmpliRed Mwic � Pa[ron Dancing
�Aecorded Music ❑'Live F.ntertalnment �Bilcini/I'op{ess/ExWic
�Juke Box ❑'FltwdSlage ShoWs � POo118ilNerd Tab1Y8
�•�ther oKaraoke �'AmateurlPro 6ports Events
•Deaxiptlon: RaJio/intc�t radio oa ypcakcr
r-riday Seturday
ii,00�
6:00 pm
�Card Room
�Movies
'Hot Spot"Ilollery
Video/CofrnOperated C9emes
m raeraes�e�ocetmari ;2e tvreoFsrr�ucrt�
�Major Thoroughfare �econdary Street ✓n5lnple 5tory �I bR OTwo-Story
�Other �MultiStory - Number of stories:
21 PA93�1l9i0tpH WINDOW9 2P H%ED BAR81 7� WHAT PERCENTAOE OF VOUR �pfAL 8ALE3 WLL BE
�LOOHOLIC BEVEAIuliE34
�Yea �✓ No � Yes - how many: Q✓ No gQ ��
— FOR ABC uSE ONLY ---- _�
21 INFORMATON�IVBJ(p�QT.R-107,S�t P68tL6,8�a YJ1905,aC)
?9 d1SEB�IfERE01NTOCABIN
i
A8C-257 (REVERSE) (5/05)
----�_ ._ , . ._,.. . .
---.-: -.: _ ,; ._.--,- -,
, ,- . � _.. . . _._: _. _ .
�ewrinwR otNcdallo e�vMYe Conud 9auac.wmir
ZONINti AFFlDAVIT E6"ndG a'°"""•�°'"'"°'
I►istrucNons to the.�pplicaru: Co►n�plele Ite►»s 1-14. Sign and date fhe form ond su6MU i1 to ABC.
1 MNJCIwi(S� Nwe Nr� �tt, tiM1M1
Metsel, Jeffrey, Richarcl
3 iNF1NBE8nDD11EGB (�N mraOK mY �e. CN� W cW.) �� PARCk1NUYBEA OF PIIOPERN (OhWa han
� Li�np Aw1�N• O/ea)
1846 Rotlins Rd., Burlingame, CA 94010 io2�-�ss-2ao
l TYPEOFLIC91lFM�JFDFq1 5 t10'ORADEOFLICENlEOiRMEGf6 ,tl CURRENiIlCGMEIYPEATTlIMLOCATION.KNM
21-Off Sale Generel � �re� �No �;none
1 TY�lO►M7NE�O�.mlv�l,w►�wu1,P��Won.ral !e u+[n�r�au+McenEarivkrsa
Wenhousa, uMio� and ecoesaory rehil seles af upecals winen, epirila end charnpspne. �`/ea r 1No
�ur aruwers rn � r���_crin,�.� �, c•ri�Iluc! your ncu ctly � c��w►11� /v t1�N�Ui,� r c/uu�U�len! �1 i��,,•r� c r ir c•iry .
linrits, contact � pJanning; ffoutside, contacr � planntng
� MoiwAREAVR1C+wfPR�IMEeiot�f sTiv[twEp�.'6 s�n1�eYl�Pwwa�Nd.�Ye1
RR-Rollins R�asd District
IROOFSLONMiOrdUARM/1CCEDUlIT I11 MACAI�ff10NAllNEPflYlli{CU/.)MEEOEM 't7 lFY@ROAIEYOIINLBD�OPlICM1011FOpCUV
�Yes L,� � �•1! ear..wwenroora�.�Ii'NouP� � � L�22-2014
� L_.1
tl NAYHOFMhNi0tO01(�AOI�ATPtANiYi60�M11XJlf ;�� Vl►/7C�i'fP110MEN1�11�N
Ruben Hurin, SeNor Planner � 650-558-7250
Under the penelty of perjury, i declare the info�mation in this atiidavit is trut to the best of my Imowlodga
�6 APPliCN11`e (O�' <�I �U UMiE110NK1
� �
�`� � f ��-��S
�
i
'� �. � FOR DEPARiM�IT U8E WN.Y
IE �ro�a�a. �secnve o�� ;r� e+�nrnrti
[�C.U,P. APD►'aved I �
4o�4�oer�o !
�c.u.P. oweo �
OlNERAI. INFORYA710N
•Seaion 23790 of �e Hueiness md Prokssfon� Code seys
Ihst ABCamay not isae aieteil license conu�ry to avalid
zoning adMence. lhis Nncm w[I16dp m deoeea�h�e u�hether
your propoeed busL�ets ia pmpaly mned tbr aloo6ol[c
bevereg�e se1a.
•A candition�l use permit (CUP) (Ium 11) is r speoisl
mninB pamit grent¢d aAer m iadividual roview of penpoud
Imd-ure has bern made. CCIP'� a�e uaed in siluations whete
� P�P� ��Y �� 6�ehiPs a luwde w
net�bon +u�d other oomimmity membeB who ae Ilkefy to
be affetYed by tlu� propoted ese, The pHC dte�ria office wtli
not melte a flnel r�ecoa�menAetioa on yatr Hcaise ePP�ication
undl afttr fh� bcal CUP eeview p�ooeaa hse ban completed
!f the local governmer�t denies the CUP, ABC rnuec dany
your license app�icetim.
2i7l0. Zos1aQ �rdfu�eM. No rdail lianse andl be iesued
for erry premis�w which a�e bcded in ny terticory whae the
exercise of tHe riehts and privile� ooafertod by the Iloeose
is oocdruy to a veltd wning m�dinnaix;e of ury county or oiry.
Ptemlges wMich h�d baen uaed in tl�e exerciee of Ywms eighta
and privikges et a time prior w H�a et�ive dale of tlte
noning adinance m�y oork�ue operetiaa ut�fa 1fie
fol{owin8 oonditious:
(a) The promiaes �etmnri�e srne typa of�atail liquor lioa�sa
wiUan a Gaenee eles�i&cation.
(b) 'fhe Yoe+.,ea pranise., ere operetta ee�famaualy win,out
su6etaolid d�aoge in modn or rJwteooer of opaalion.
For pirpoees of this aubdiviaion, a 6realc in continuo�
aperetion does �ol inch►da:
( I) A clo�orc For nnt more td�n 30 days 6ur purposey of
ropei�, if 4hat repair doee nol chenge Ihe nsqme ofthe
licaa4ed �rem(acs and doe9 not incrcase Iho xryuc faotago
of the buainda ueed for fhe ede of eloohotic bovengcs.
(2) "lie oloeixe for ratoretion ofpnemhes tenderod totally
ar partiafly inoc�xasibb by en ect of God or a Wxic
eocidad, ifthe �o�toradoa does not inc�eaue dse squsro
foota�e of the business uscd t0r the aale of alooholic
beveroges,
AEiC•?.55 (tW.01•11) —
RESOLUTION NO. 20-2015
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DETERMINING
THAT THE PUBLIC CONVENfENCE AND NECESSITY WOULD BE SERVED BY THE
CALIFORNIA ALCOHOLIC BEVERAGE CONTROL B�ARD'S ISSUANCE OF A TYPE-21
ALCOHOLIC BEVERAGE SALES LICENSE JEFFREY MEISEL, FOR PROPERTY LOCATED
AT 1846 ROLLINS ROAD
WHEREAS, Jeffrey Meisel has applied to the California Alcoholic Beverage Control Board
{ABC) for issuance of a Type-21 (Off-Sale, General) alcoholic beverage license for his business
located at 1846 Rollins Road; and,
WHEREAS, the number of businesses with alcoholic beverage saEes licenses in the area
where the business is located exceeds the number af such licensed businesses permitted by the
ABC for that census tract area (Census Tract 6051) and represents an "overconcentration",
pursuant to ABC policy; and,
WHEREAS, pursuant to California Business and Professions Code section 23958.4, an
applicant for a beverage sales license in an area of "overconcentration" of alcoholic beverage
sales licenses can request the local govemmental agency to determine that the public
convenience and necessity would be served by the issuance of the alcohol beverage sales license
and, if the focal agency so finds, the ABC will issue the license; and,
WHEREAS, Jeffrey Meisel has applied to the City for a finding of public convenience and
necessity to obtain ABC approval of the license; and
WHEREAS, the Police Department has reviewed this application, investigated the number
of alcohol-related incidents in this census tract and reviewed the names and locations of
businesses with alcoholic beverage sales licenses in the north RolEins Road area; and
WHEREAS, the Police Department, after determining that no facts or circumstances exist
that would prevent the City's determination of public convenience and necessity, recommends that
the City Council adopt a finding of public convenience and necessity, based upon the analysis
contained within its February 5, 2015 memorandum attached to the City Council staff report, dated
March 2, 2015.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Burlingame as
follows:
a. Ail of the facts reci#ed above and in the staff report and in all of the attachments thereto,
are true and correct.
1
Resolution No. 20-207 5
b. The City Council determines #hat the public convenience and necessity would be served
by issuance of a Type-21 (Off-Sale, General) alcoholic beverage license to Jeffrey Meisel
for accessory alcohol sales fram his business located at 1846 Rollins Road.
BE IT FURTHER RESOLVED THAT, based upon the Burlingame Police Departrnent's
review af the matter, the City Council suggests that the ABC consider the following conditions as
part of the ABCs issuance of the licenses:
1. No noise shall be audible beyond the area under the contro{ of the licensee(s) as defined
on the ABC-257.
2. The petitioner shall be responsible for maintaining free of litter the area adjacent to the
premises over which they have control.
3. Graffiti shall be removed from the premises and all parking lots under the control of the
licensee within seventy-two (72) hours of application. If the graffiti occurs on a Friday or
weekend day, or on a holiday, the licensee shall remove the g�a�ti within seventy-two (72}
hours following the beginning of the next weekday.
4. The exterior of the premises shall be equipped with lighting of sufficient power to illuminate
and make easily discernible the appearance and conduct of all persons on or about the
premises. Additionally, the position of such lighting shall not disturb the normal privacy
and use of any neighboring residences.
5. Loitering (loitering is defined as "to stand idly about; linger aimlessly without fawful
business") is prohibited on any sidewalks or property adjacent to the licensed premises
under the control of the licensee as depicted on the ABC-257.
�'` . � �,
i ,
�,�!:.`7,� l�-i ,�.----
Terry N�gel, Mayor
I, Mary EI1en Kearney, Clerk of the City of Surlingame, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of ihe Burlingame
City Council held on the 2`� day of March, 2Q15, by the following vote:
AYES: Councilmembers: BROWNRIGG, KEICHRAN, NAGEL, ORTIZ, ROOT
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
F,
r� t
� �� /�
�� � � � � f
Mary Ellen Keamey, City Clerk
2
RESOLUTION APPROVING CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT
RESOLVED, by the Planning Commission of the City of Burlingame that:
WHEREAS, a Categorical Exemption has been proposed and application has been made for a
Conditional Use Permit to add retail sales of alcoholic beveraqes at 1846 Rollins Road zoned
RR (Rollins Road); 1846 Rollins LLC, qropertv owner APN: 025-3169-240�
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
March 9, 2015, 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:
It is hereby found that the project set forth above is Categorically Exempt from
environmental review pursuant to the California Environmental Quality Act (CEQA), per
Section 15301, which states that existing facilities, consisting of the operation, repair,
maintenance, permitting, leasing, licensing or minor alteration of existing public or
private structures, facilities, mechanical equipment or topographical features, involving
negligible or no expansion of use beyond that existing at the time of the lead agency's
determination are exempt from environmental review.
2. Said Conditional Use Permit is approved subject to the conditions set forth in Exhibit "A"
attached hereto. Findings for such Conditional Use Permit are set forth in the staff
report, 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
�, , 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 9th dav of March, 2015 by the
following vote:
Secretary
EXHIBIT "A"
Conditions of approval for Categorical Exemption and Conditional Use Permit
1846 Rollins Road
Effective March 19, 2015
1. that the project shall be built as shown on the plans submitted to the Planning
Department and date stamped February 10, 2015, site plan, parking plan, and floor
plans;
2. that any changes in operation or the floor area used for retail sales shall be brought to
the Burlingame Planning Division for review and if needed, to the Planning Commission
for approval;
3. that the conditions of the Fire, Public Works, and Parks Divisions December 31, 2015
memos shall be met;
4. that the approved retail alcohol sales use shall not include tastings or samples;
Conditions of Approval Suqqested bv the Burlinqame Police Deaartment:
5. no noise shall be audible beyond the area under the control of the /icensee (s) as
defined on the ABC-257;
6. the petitioner shall be responsible for maintaining free of litter the area adjacent to the
premises over which they have control;
7. graffiti shall be removed from the premises and all parking lots under the control of the
licensee within seventy-two (72) hours of the application. If the graffiti occurs on a Friday
or weekend day, or on a holiday, the licensee shall remove fhe graffiti within seventy-two
(72) hours following the beginning of the next weekday;
8. the exterior of the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or
about the premises. Additionally, the position of such lighfing shall not disturb the normal
privacy and use of any neighboring residences; and
9. loitering (loitering is defined as "to stand idly about; linger aimlessly without lawful
business') is prohibited on any sidewalks or property adjacent to fhe licensed premises
under the control of the licensee as depicted on the ABC-257.
CITY OF BURLINGAME
� ' COMMUNITY DEVELOPMENT DEPARTMENT
BURLINGAME 501 PRIMROSE ROAD
� BURLINGAME, CA 94010
— PH: (650) 558-7250 • FAX: (650) 696-3790
www.burlingame.org
Site: 1846 ROLLINS ROAD
The City of Burlingame Planning Commission announces the
following public hearing on MONDAY, MARCH 9, 2015
at 7:00 P.M. in the fity Hall Council (hambers, 501
Primrose Raad, Burlingame, (A:
Application for Conditional Use Permit for
sales associated with an existing business ai
1846 ROLLINS ROAD zoned RR. APN 025-
Mailed: February 27, 2015
(Please refer to ofher side)
retail alcohol
169-240
PUBLIC HEARING
NOTICE
City of Burlinqame
A copy of the application and plans for this project may be reviewed prior to
the meeting at the Community Development Department at 501 Primrose
Road, Burlingame, California.
If you challenge the subject application(s) in cou�t, you may be limited to
raising only those issues you or someone else raised at the public hearing,
described in the notice or in written correspondence delivered to the city at or
prior to the public hearing.
Property owners who receive this notice are responsible for informing their
tenants about this notice.
For additional information, please call (650) 558-7250. Thank you.
William Meeker
Community Development Director
PUBLIC HEARING NOTICE
(Please refer to other side)