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Home My WebLink About1310 Burlingame Avenue - Staff ReportIte� CITY OF BURLINGAME AMENDMENT TO CONDITIONAL USE PERMIT Address: 1310 Burlingame Avenue Meeting Date: 1/10/00 Request: Amendment to a conditional use permit for an existing food establishment in the Burlingame Avenue commercial area at 1310 Burlingame Avenue, zoned C-1, Subarea A, Burlingame Avenue Commercial Area (C.S. 25.36.040, �. Name of Food Establishment: Bocce Cafe APN: 029-152-190 Property Owner: Gensler Family L.P.I. Lot Dimensions and Area: 8,125 SF Zoning: C-1, Subarea A 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 Burlingame Avenue commercial area, Subarea A, and the Broadway commercial area conditional uses. The City Council also adopted Resolution 111-1999, which includes a Food Establishment by Type Table establishing the location, type and seating area for each food establishment in each commercial area. Some of the existing food establishments within these areas already have conditional use permits for take-out, delivery services and/or expansions. The ordinance requires that these establishments obtain amendments to their existing conditional use permits to reflect the requirements of the new ordinance. In order to facilitate for merchants and property owners the transition to the new requirements and to provide them with an opportunity to clarify their establishment's operation, the City has initiated the conditional use permit application at no cost to the owner or merchant. Summary: In November 1996, the Planning Commission approved a conditional use permit for a 7% increase in floor area for Nathan's on the Avenue at 1310 Burlingame Avenue (November 19, 1996 approval letter and November 12, 1996 P.C. Minutes). Nathan's closed and recently, Bocce Cafe has occupied the premise. This site currently has a conditional use permit for an expansion granted for the improvements requested by Nathan's. This current operator is using the space in the site in the same way that Nathan's did. This application is for an amendment to the existing conditional use permit as required by Ordinance 1619. The Food Establishment Table by Type defined the food establishment located at 1310 Burlingame Avenue as follows: • Business Name: Bocce Cafe • Business Address: 1310 Burlingame Avenue • Category: Full Service Food Establishment • Seatifag Area: 1, 269 SF Amendment to Conditional Use Permit I3I0 Burlingame Avenue The current food establishment located at 1310 Burlingame Avenue, Bocce Cafe, is classified as Full Service with 1,269 SF of on-site seating. When the July 1998 survey was conducted, Nathan's on the Avenue noted that food at this premise is ordered and paid for after consumption, is served by waiters on ceramic plates with metal flatware. Bocce Cafe has a similar operation and meets the criteria of a full service food establishment. During the public hearings on the ordinance and implementing tables, the information on the survey gathered by Planning staff was not disputed by the merchant or property owner. PROPOSED Use: Full Service (Bocce Cafe) EXISTING Full Service (Bocce Cafe) ALLOWED/REO'D *food establishment requires a conditional use permit Seating Area: 1,269 SF 1,269 SF 1,269 SF * Conditional use permit required for food establishment in the Burlingame Avenue commercial area, Subarea A. Meets all other zoning requirements. Staff Comments: The City Engineer, Chief Building Official and Fire Marshal reviewed the ordiz�ance and classifications and had no comments. Changes to tenant improvements will require additional city review. Criteria for a Conditional Use Permit: In order to grant a Conditional Use Permit the Planning Commission must find that the following conditions exist on the property (Code Section 25.52.020 a-c): (a) the proposed use, at the proposed location, will not be detrimental or injurious to property or improvements in the vicinity, and will not be detrimental to the public health, safety, general welfare, or convenience; (b) the proposed use will be located and conducted in a manner in accord with the Burlingame general plan and the purposes of this title; (c) the Planning Commission may impose such reasonable conditions or restrictions as it deems necessary to secure the purposes of this title and to assure operation of the use in a manner compatible with the aesthetics, mass, bulk and character of existing and potential uses on adjoining properties in the general vicinity. Findings for This Conditional Use Permit: Since the current regulations limit the number of food establishments to those in the area as of November 1999 and then as approved by City Council Resolution No. 111-1999 on October 18, 1999, and this business meets those criteria and the business will operate within the limits established by that ordinance, the use will not be detrimental to the city's objective of promoting pedestrian oriented retail activity in this commercial area and will be in compliance with the general plan for the area; and since the business shall be required to comply with 2 Amendment to Conditional Use Permit 1310 Burlingame Avenue all the city regulations including providing trash receptacles and litter maintenance in the surrounding area, signage, meeting building code requirements, and adhering to County health requirements, the operation will be compatible with the character of the commercial area. 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 full service food establishment, with 1,269 SF of on-site seating, may change its food establishment classification only to a limited food service or bar upon approval of a conditional use permit for the establishment; 2. that the 1,269 SF area of on-site seating of the full service food establishment may be enlarged only by an amendment to this conditional use permit; 3. that the business shall provide trash receptacle(s) at location(s) and of a design selected by the city and consistent with the streetscape improvements; 4. that the business shall provide litter control along all frontages of the business and within fifty (50) feet of all frontages of the business; 5. that an amendment to this conditional use permit shall be required for delivery of prepared food from this premise; 6. that there shall be no food sales allowed at this location from a window or from any opening within 10' of the property line; 7. 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; 8. that the project shall be built as shown on the plans submitted to the Planning Department and date stamped October 1, 1996, Sheet A.1 and September 26, 1996, Sheet FSl; 9. that the conditions of the City Engineer's October 1, 1996 memo and Fire Marshal's September 30, 1996 naenao shall be met; 10. that the hours of operation for the business shall not exceed the hours of 10 a. m. to 12 Midnight, daily, with a maximum number of seven employees, including the manager on site, at one time; 11. that seating in the on site patio area shall not exceed 14 and any seating on the sidewalk outside shall conform to the requirements of any encroachment permit issued by the city; 12. that the gate located at the front of the site on Burlingame Avenue shall remain locked in the open position during business hours; � Amendment to Conditional Use Permit 1310 Burlingame Avenue 13. that all deliveries to this business shall be made from the Donnelly Avenue side of the premise; and 14. that the project shall meet all the requirements of the California Building and Fire Codes 1995 Edition as amended by the City 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 G. Hurin Planner c: Bocce Cafe, applicant Gensler Family L.P.I., property owner ��e f1�t#� �# ��xritn�ttme GTY HALL - 50i PRIMROSE ROAD rE� (4i5) 696-7250 PLANNING DEPARTMENT BURLINGAME. CALIFORNIA 94p10-3997 r�x (415) 342-8386 November 19, 1996 Nathan and Marilyn Schmidt 60 Country Club Drive Hillsborough, CA 94010 Dear Mr. and Mrs. Schmidt, Since there was no appeal to or suspension by the City Council, the November 12, 1996 Planning Commission approval of your special permit application became effective November 18, 1996. This application was to allow expansion of a food establishment at 1310 Burlingame Avenue, zoned C-1, Subarea A. The November 12, 1996, 1996 minutes of the Planning Commission state your application was approved with the following conditions: l. that the project shall be built as shown on the plans submitted to the Planning Department and date stamped October 21, 1996, Sheet A.1 and September 26, 1996, Shect FS1; 2. that the conditions of the City Engineer's October 1, 1996 memo and Fire Marshal's September 30, 1996 memo shall be met; 3. that the hours of operation of the business shall not exceed the hours of 10 a. m. to 12 Midnight, daily, with a maximum number of seven employees on site at one time; 4. that seating in the patio area shall not exceed 14 and any seating on the sidewalk outside shall conform to the requirements of any encroachment permit issued by the city; 5. that the gate located at the front of the site on Burlingame Avenue shall remain locked in the open position during business hours; 6. that all deliveries to this business shall be made from the Donnelly Avenue side of the premise; and A November 19, 1996 1310 Burlingame Avenue page -2- 7. that the project shall meet all California Building and Fire Codes, 1995 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 special permit. All site improvements and construction work will require separate application to the Building Department. This approval is valid for one year during which time a building permit must be issued. One extension of up to one year may be considered by the Planning Commission if application is made before the end of the first year. (Erection of the signage will require separate application to the Building Department.) Sincerely yours, �%�,c�-P� �'�Vi Y�� Margaret Monroe City Planner MM: smg 13 ] ODURL.cca c: property owner Chief Building Inspector Chief Deputy Valuation, Assessor's Office (65 FT X 125 FT ON NWLY SIDE OF BURLINGAME AVENUE COM 217.39 FT NE FR PRIMROSE ROAD ACREAGE CITY OF BURLINGAME; APN: 029-152-190) ROVI'ING FOI�7 � � �� J / r��i DATE: TO: �_ CITY �NGIN�ER `� CHI�F BUILDING INSP�CTOR � � MAR.SI�AL PARKS DIRECTOR CITY ATTORNEY FROM: CITY PLANNLR/PLAIVNER SUBJECT: R�QU�ST FOR ( c� �G�.� % AT f ��O �1�(,�,i�l� v� � ��. `� �� SCHEDULED PLANNING COMMISSION "�� MEETING:_ �C,�. � REVIEWED BY STAFF MEETING ON MONDAY: �� c� (o THANKS, 7ane/S heri/Leatl ,�J_ . f j' � - �'',' (,'. . � �' �� C' r �-'�:� �. r � � . �' �< � � , ,_. 4�- � �' � Date of Comments , , � ; /; ; :.�' 1 ' ��.. � � `/l�9'�'J'� , s- � - � � . � , v /.��,,�� w � - ri-�- -� ��.� i ,^ ��. ,`'� 'r ;'' , �:.,. �' � . , f� .. : � � . l s � Wa�s 12. a,�-�,`. �.-,�- .� .� � , � � � �� `,� —�,,,Q� t�` �(�P c.v�� «�,�.. .��—� .�- � _ � p � /�-.�-��-1-�-� %�..,�-�- � /. 5, `� "'-�- � -�,Q J u„i�; -�- �L J L-�-v,v �/; ,,.�" ✓-�-y l' �� -� �5-� �,�-�� , � ;'�� - %i+�j;' ". ' �� "�,��:. � �O /� / /� � izouTrnvG ro�z DA�r�: �_ TO: CITY ENGIN�ER _ CHIEF BUII,DING INSP�CTOR � FIIZ� MARSIiAL PARKS DIR�CTOR CITY ATTORIV�Y FROM: CITY PLANNER/PLANN�R SUBJECT: RL+'QITFST FOR �� /� � � � � 1 /1 . , i � �l i A /1 �1 i _ , . . � V r AT � � ��i/(,'�-- SCHEDULED PLANNING COMMISSION A�$A� MEETING: � �� REVIEWED BY STAFF MEETING ON MONDAY: �� THANKS, Jane/Sheri/L,eah Date of Comments i - -- ;. `, °� u- � � �=�:� �� <� �.� �_ � ;�� ,�� .� ��-� +� � �c .�� -_= �� E'{�`- �' ��t-t� r�: �t3��_.p�+�,k: c , � �\ 1 ._1 ,. �../ S �� l_ �l C�V o t\�.� / l�`..Sl_, 7 •'1.��/ � - - � � � t :. .. _=, `�� t��-�,_�� r . - ` .. J �- i F'\�J �� I\)�_� . � � l.�l�l�<.•iY��.�1.[` .....� f•./ i '�.C // LJ � L 1 �� / ,� \J`�i\��.1\ lLi _�'�l�l�'`�� .1 `��` ./' / T_% l� � `\�:- I l l�� l._ �ll_�X. . � `' �I 1 . li' � � � ' -_ _ �_ �� - ` . �� rZ-� _� � �� i�-t'lfi� GO�II� � �S1 ' � -� e � �l�- o f c�c�-, � � �q� Burlrngame Pl�nning Commissian Minules Novanber 12, 19A6 Avenue and El Camino frontages shall be removed and shall not e be replaced on the site; and 3) that the project shall meet all the requirements of he municipal code and of the 1995 edition California Building and Fire. The motion was seconded by C. Key and approved 6-0-1 (C. Deal Absent) voice vote. Appeal procedures were advised. 7. APPLICATION FOR A SPECIAL PERMIT FOR EXPANSION OF A FOOD ESTABLISHMENT AT 1310 BURLINGAME AVENUE, ZONED C-1, SUBAREA A, (GENSLER FAMILY L.P.I., PROPERTY OWNERS AND NATHAN AND MARILYN L. SCHMIDT, APPLICANTSI. Reference staff report, 11.12.96, with attachments. CP Monroe discussed the request, reviewed criteria, Planning Department comments, and study meeting questions. Seven conditions were suggested for consideration. Chm. Ellis opened the public hearing. Kieran Boughan, 400 Fillmore Street, San Francisco, and Marilyn Schmidt, 60 Country Club Drive, Hillsborough, the applicant, were present to answer questions. Ms. Schmidt explained that time of closing and the hours of operation were based on the last order taken patrons would be allowed to stay longer. Commission suggested the closing time be stated at 12 Midnight. There were no comments and the public hearing was closed. C. Galligan noted, based on the information supplied in the staff report and questions asked, this use does not intensify the use, will better serve patrons and will have a de minimis impact on uses in the area. He then moved to approve this special permit to expand a food establishment, 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 October 21, 1996, Sheet A.1 and September 26, 1996, Sheet FS1; 2) that the conditions of the City Engineer's October 1, 1996 memo shall be met; 3) that the hours of operation of the business shall not exceed the hours of 10 a. m. to 12 Midnight, daily, with a maximum number of seven employees on site at one time; 4) that seating in the patio area shall not exceed 14 and any seating on the sidewalk outside shall conform to the requirements of any encroachment permit issued by the city; 5) that the gate located at the front of the site on Burlingame Avenue shall remain locked in the open position during business hours; 6) that all deliveries to this business shall be made from the Donnelly Avenue side of the premise; and '� that the project shall meet all California Building and Fire Codes, 1995 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 special permit. The motion was seconded by C. Wellford and approved 6-0-1 (C. Deal absent) on a voice vote. Appeal procedures were advised. -5- .�.� a .t �� A ,�,; ,� ,, � � �. � """' �' - . , �v�' "y. � .� ? . ;� „ ��° y.�ii^s' w .. ' , •f� " +�a 1�i�dw, � , ��/�M ;� � ` � � • � I �+> ' `'�' � � ri ,R � _ � ' < Y• � � �� '. � " � , ,d�� . . '��` ,.i � �y . . 4 .. �� ,• , �' � r St '�� . . . t .. /�� ` �� r, - . t� "3.. '" ' � �f V �:�� ` / A/�'' .� Y� • . �� 8a� s�. � / c,�. + „v."x,� � qt � ,� � ..�y 'ak. 4+ ^p . / „� ri� s.� ti►. ��.�y � 1�r�� .,.� g`� _( ..�+� ��• �`�. � �t ",r � �� j�3�t� � � �d � i �'1 � � ., '1 � � �;�.�-� , � .�. ,. � � �� '�, � ,�<��' � �� . � �. ,�.e� �c � � �� 1 � �.- ✓ � �xt' _ s d ,,�:� .�,,`a.,. � _ ..� y� � � . � +►' . �, °°�: P, ,�► —� `��i��,'�,,.� �1'.,. 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'i-:�;�t;� � ',� �� ::�-�+'.�-�. �� . -�a , � ��- - r� � t'�� "� �" � . � .. . .:`�� ..r�i: � _. , . � �1 °+�. r �. f%n�'. � [ � y -, - " _..+_ � • �'` � *+ . ti' ' � � ,�� r �.' �•. `` �� : 4 t P" ,�'�> �� :� t, ,� � � �� 3` � `� � '# ; �� `� � � . � ,� .¢v '� �� .^ �..'�i '; ;. "`r ti � Y � . t;,�"`: � - � �, � ; � ,�� ' ,� '.✓� �� '�� / ' , , '`� � ' �� : . �� 4 . ,,.i '�`""' � � j *-+ :� . • . � � .r� � �� ^r�� '� � �- � ` -� * ; . �.��' "� � . • � '� � � :K; �� <, .; �r�� _ _� . ..: r� , •�� r' � �� CITY OF B URLINGAME A copy of the applicatiori`and plans foi- this proje�t nlay be reviewed prior to the meeting at the PlanninQ Department at`�$O1 Primrose Road, Burlingame, California. � If you challenge the subject application(s) in court, you may be limited to raising only those issues you or soineone else raised at the public hearing, described in the notice or iu ��ritten coiTespond�nce delivered to the city at or prior to the public hearing. s,� ,.,� , . Property owriers who receive this notice are responsible for informing their tenants about this notice. < For additional information, please call (650) 696-7250. '�hank vou. . � Margaret M`c City Planner (Please refer to other side) �� _t _ �.� � �EARING:�NOTICE ��`. ciTr o� CITY OF BURLINGAME � BURLINC�AME PLANNING DEPARTMENT 501 PRIMROSE ROAD .�+� BURLINGAME, CA 94010 �,,,,o,,,„,.'�� TEL: (650) 696-7250 � 1310 BLIRLINGAME AVENUE ARIV:0�9-1��-190 � � , ;, Application for a�enda�ent to a conditional use pUBLIC HEARING' ,permit far an existing food establish�ent in ; the Burl inga�e Avenue cammercial area �t �.�� NOTICE : Burlinga�ae Avenue, zoned C—i, 5ubarea A, `.Burlinga�ae Avenue Co�mercial Area. �-The City of Burlingame �lanning Coa�ission :,",'announces the following public hearing or► >' Monday, January 10, 2000 at 7:00 P. M. in the i y a ounci a�a ers loc�ted at �01 ;,•F'rimrose Road, Burlinga�e, California. �: ?�; Mailed Dece�ber 29, 1999 ?'� ��(Please refer to otlier side) � t, . � -•1 � i r RESOLUTION APPROVING CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT AMENDMENT RESOLVED, by the Planning Commission of the City of Burlingame that: WHEREAS, a categorical exemption has been proposed and application has been made for a conditional use ermit amendment for an existin food e ta li hment clas ified a Full ervice F d Establishment at 1310 Burlin�ame Avenue. zoned G1 Subarea A Burlin�ame Avenue ommercial Area APN: 029-152-190 Gensler Farrul L.P.I. 405 Pnmrose Road #300 Burlin ame A 94010 ro ert wn r; WI-�REAS, said matters were heard by the Planning Commission of the City of Burlingame on January 10, 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. Findings for such conditional use permit 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. CHA.IRMAN I, Ann Kei hran , Secretary of the Planning Commission of the City of Burlingame, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning Commission held on the l Oth day of Januarv, 2000 , by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: SECRETARY EXHIBIT "A" Conditions of approval for categorical exemption and conditional use permit amendment. 1310 BURLINGAME AVENUE effective January 19, 2000 1. that this business location presently occupied by a full service food establishment, with 1,269 SF of on-site seating, may change its food establishment classification only to a limited food service or bar upon approval of a conditional use permit for the establishment; 2. that the 1,269 SF area of on-site seating of the full service food establishment may be enlarged only by an amendment to this conditional use permit; 3. that the business shall provide trash receptacle(s) at location(s) and of a design selected by the city and consistent with the streetscape improvements; 4. that the business shall provide litter control along all frontages of the business and within fifty (50) feet of all frontages of the business; 5. that an amendment to this conditional use permit shall be required for delivery of prepared food from this premise; 6. that there shall be no food sales allowed at this location from a window or from any opening within 10' of the property line; 7. 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; 8. that the project shall be built as shown on the plans submitted to the Planning Department and date stamped October 1, 1996, Sheet A.1 and September 26, 1996, Sheet FS1; 9. that the conditions of the City Engineer's October 1, 1996 memo and Fire Marshal's September 30, 1996 memo shall be met; 10. that the hours of operation for the business shall not exceed the hours of 10 a.m. to 12 Midnight, daily, with a maximum number of seven employees, including the manager on site, at one time; 11. that seating in the on site patio area shall not exceed 14 and any seating on the sidewalk outside shall conform to the requirements of any encroachment permit issued by the city; 12. that the gate located at the front of the site on Burlingame Avenue shall remain locked in the open position during business hours; 13. that all deliveries to this business shall be made from the Donnelly Avenue side of the premise; and EXHIBIT "A" Conditions of approval for categorical exemption and conditional use permit amendment. 1310 BURLINGAME AVENUE effective January 19, 2000 page -2- 14. that the project shall meet all the requirements of the California Builciing and Fire Codes 1995 Etiition as amended by the City 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.